OSCE Human Dimension Commitments Volume 2 Chronological Compilation
4th Edition OSCE Human Dimension Commitments Volume 2 Chronological Compilation
4th Edition
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Printed in Poland by Centrum Poligrafii Contents
Final Act of the Conference on Security and Co-operation in Europe Helsinki 1975 1
Concluding Document of the Madrid Meeting (Second Follow-up Meeting to the Helsinki Conference) Madrid 1983 26
Document of the Stockholm Conference on Confidence‑ and Security-Building Measures and Disarmament in Europe Stockholm 1986 34
Concluding Document of the Vienna Meeting (Third Follow-up Meeting to the Helsinki Conference) Vienna 1989 36
Report on the Meeting on the Protection of the Environment Sofia 1989 (adopted Vienna 1990) 51
Document of the Bonn Conference on Economic Co-operation in Europe Bonn 1990 52
Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE Copenhagen 1990 53
Charter of Paris for a New Europe Paris 1990 66
Document of the Cracow Symposium on the Cultural Heritage of the CSCE Participating States Cracow 1991 72
Report of the CSCE Meeting of Experts on National Minorities Geneva 1991 77 Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE Moscow 1991 84
Prague Document on Further Development of CSCE Institutions and Structures (Second Meeting of the Council of Ministers) Prague 1992 97
Helsinki Document: The Challenges of Change (Summit of Heads of State or Government) Helsinki 1992 99
Document of the Third Meeting of the CSCE Council of Ministers Stockholm 1992 116
Document of the Fourth Meeting of the CSCE Council of Ministers Rome 1993 119
Budapest Document: Towards a Genuine Partnership in a New Era (Summit of Heads of State or Government) Budapest 1994 125
Lisbon Document (Summit of Heads of State or Government) Lisbon 1996 137
Document of the Sixth Meeting of the Ministerial Council Copenhagen 1997 139
Document of the Seventh Meeting of the Ministerial Council Oslo 1998 142
Istanbul Document (Summit of Heads of State or Government) Istanbul 1999 143
Document of the Eighth Meeting of the Ministerial Council Vienna 2000 151
Document of the Ninth Meeting of the Ministerial Council Bucharest 2001 154
Document of the Tenth Meeting of the Ministerial Council Porto 2002 166
Document of the Eleventh Meeting of the Ministerial Council Maastricht 2003 180 Document of the Twelfth Meeting of the Ministerial Council Sofia 2004 223
Document of the Thirteenth Meeting of the Ministerial Council Ljubljana 2005 248
Document of the Fourteenth Meeting of the Ministerial Council Brussels 2006 273
Document of the Fifteenth Meeting of the Ministerial Council Madrid 2007 297
Document of the Sixteenth Meeting of the Ministerial Council Helsinki 2008 307
Document of the Seventeenth Meeting of the Ministerial Council Athens 2009 318
Astana Commemorative Declaration Astana 2010 337
Document of the Eighteenth Meeting of the Ministerial Council Vilnius 2011 340
Document of the Nineteenth Meeting of the Ministerial Council Dublin 2012 347
Document of the Twentieth Meeting of the Ministerial Council Kyiv 2013 352
Document of the Twenty-First Meeting of the Ministerial Council Basel 2014 358
Document of the Twenty-Second Meeting of the Ministerial Council Belgrade 2015 367
Document of the Twenty-Third Meeting of the Ministerial Council Hamburg 2016 374
Document of the Twenty Fourth Meeting of the Ministerial Council Vienna 2017 382
Document of the Twenty Fifth Meeting of the Ministerial Council Milan 2018 389 Document of the Twenty Seventh Meeting of the Ministerial Council Tirana 2020 400
Index 409 Final Act of the Conference on Security and Co-operation in Europe Helsinki 1975
(…)
The High Representatives of the participating States have solemnly adopted the following:
Questions relating to Security in Europe
The States participating in the Conference on Security and Co-operation in Europe,
Reaffirming their objective of promoting better relations among themselves and ensuring condi- tions in which their people can live in true and lasting peace free from any threat to or attempt against their security;
Convinced of the need to exert efforts to make détente both a continuing and an increasingly viable and comprehensive process, universal in scope, and that the implementation of the results of the Conference on Security and Co-operation in Europe will be a major contribution to this process;
Considering that solidarity among peoples, as well as the common purpose of the participating States in achieving the aims as set forth by the Conference on Security and Cooperation in Europe, should lead to the development of better and closer relations among them in all fields and thus to overcoming the confrontation stemming from the character of their past relations, and to better mutual understanding;
Mindful of their common history and recognizing that the existence of elements common to their traditions and values can assist them in developing their relations, and desiring to search, fully taking into account the individuality and diversity of their positions and views, for possibilities of joining their efforts with a view to overcoming distrust and increasing confidence, solving the problems that separate them and co-operating in the interest of mankind;
Recognizing the indivisibility of security in Europe as well as their common interest in the devel- opment of co-operation throughout Europe and among selves and expressing their intention to pursue efforts accordingly;
Recognizing the close link between peace and security in Europe and in the world as a whole and conscious of the need for each of them to make its contribution to the strengthening of world peace and security and to the promotion of fundamental rights, economic and social progress and well-being for all peoples;
Have adopted the following:
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1. (a) Declaration on Principles Guiding Relations between Participating States
The participating States,
Reaffirming their commitment to peace, security and justice and the continuing development of friendly relations and co-operation;
Recognizing that this commitment, which reflects the interest and aspirations of peoples, constitutes for each participating State a present and future responsibility, heightened by experience of the past;
Reaffirming, in conformity with their membership in the United Nations and in accordance with the purposes and principles of the United Nations, their full and active support for the United Nations and for the enhancement of its role and effectiveness in strengthening international peace, security and justice, and in promoting the solution of international problems, as well as the devel- opment of friendly relations and co-operation among States;
Expressing their common adherence to the principles which are set forth below and are in con- formity with the Charter of the United Nations, as well as their common will to act, in the appli- cation of these principles, in conformity with the purposes and principles of the Charter of the United Nations;
Declare their determination to respect and put into practice, each of them in its relations with all other participating States, irrespective of their political, economic or social systems as well as of their size, geographical location or level of economic development, the following principles, which all are of primary significance, guiding their mutual relations:
I. Sovereign equality, respect for the rights inherent in sovereignty
The participating States will respect each other’s sovereign equality and individuality as well as all the rights inherent in and encompassed by its sovereignty, including in particular the right of every State to juridical equality, to territorial integrity and to freedom and political independence. They will also respect each other’s right freely to choose and develop its political, social, economic and cultural systems as well as its right to determine its laws and regulations.
Within the framework of international law, all the participating States have equal rights and duties. They will respect each other’s right to define and conduct as it wishes its relations with other States in accordance with international law and in the spirit of the present Declaration. They consider that their frontiers can be changed, in accordance with international law, by peaceful means and by agreement. They also have the right to belong or not to belong to international organizations, to be or not to be a party to bilateral or multilateral treaties including the right to be or not to be a party to treaties of alliance; they also have the right to neutrality.
II. Refraining from the threat or use of force
The participating States will refrain in their mutual relations, as well as in their international rela- tions in general, from the threat or use of force against the territorial integrity or political inde- pendence of any State, or in any other manner inconsistent with the purposes of the United Nations and with the present Declaration. No consideration may be invoked to serve to warrant resort to the threat or use of force in contravention of this principle.
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Accordingly, the participating States will refrain from any acts constituting a threat of force or direct or indirect use of force against another participating State. Likewise they will refrain from any manifestation of force for the purpose of inducing another participating State to renounce the full exercise of its sovereign rights. Likewise they will also refrain in their mutual relations from any act of reprisal by force. No such threat or use of force will be employed as a means of settling disputes, or questions likely to give rise to disputes, between them.
III. Inviolability of frontiers
The participating States regard as inviolable all one another’s frontiers as well as the frontiers of all States in Europe and therefore they will refrain now and in the future from assaulting these frontiers.
Accordingly, they will also refrain from any demand for, or act of, seizure and usurpation of part or all of the territory of any participating State.
IV. Territorial integrity of States
The participating States will respect the territorial integrity of each of the participating States.
Accordingly, they will refrain from any action inconsistent with the purposes and principles of the Charter of the United Nations against the territorial integrity, political independence or the unity of any participating State, and in particular from any such action constituting a threat or use of force.
The participating States will likewise refrain from making each other’s territory the object of mili- tary occupation or other direct or indirect measures of force in contravention of international law, or the object of acquisition by means of such measures or the threat of them. No such occupation or acquisition will be recognized as legal.
V. Peaceful settlement of disputes
The participating States will settle disputes among them by peaceful means in such a manner as not to endanger international peace and security, and justice.
They will endeavour in good faith and a spirit of co-operation to reach a rapid and equitable solution on the basis of international law. For this purpose they will use such means as negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice including any settlement procedure agreed to in advance of disputes to which they are parties.
In the event of failure to reach a solution by any of the above peaceful means, the parties to a dis- pute will continue to seek a mutually agreed way to settle the dispute peacefully.
Participating States, parties to a dispute among them, as well as other participating States, will refrain from any action which might aggravate the situation to such a degree as to endanger the maintenance of international peace and security and thereby make a peaceful settlement of the dispute more difficult.
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VI. Non-intervention in internal affairs
The participating States will refrain from any intervention, direct or indirect, individual or col- lective, in the internal or external affairs falling within the domestic jurisdiction of another par- ticipating State, regardless of their mutual relations.
They will accordingly refrain from any form of armed intervention or threat of such intervention against another participating State.
They will likewise in all circumstances refrain from any other act of military, or of political, eco- nomic or other coercion designed to subordinate to their own interest the exercise by another par- ticipating State of the rights inherent in its sovereignty and thus to secure advantages of any kind.
Accordingly, they will, inter alia, refrain from direct or indirect assistance to terrorist activities, or to subversive or other activities directed towards the violent overthrow of the regime of another participating State.
VII. Respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief
The participating States will respect human rights and fundamental freedoms, including the free- dom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion.
They will promote and encourage the effective exercise of civil, political, economic, social, cultural and other rights and freedoms all of which derive from the inherent dignity of the human person and are essential for his free and full development.
Within this framework the participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.
The participating States on whose territory national minorities exist will respect the right of per- sons belonging to such minorities to equality before the law, will afford them the full opportunity for the actual enjoyment of human rights and fundamental freedoms and will, in this manner, protect their legitimate interests in this sphere.
The participating States recognize the universal significance of human rights and fundamental freedoms, respect for which is an essential factor for the peace, justice and well-being necessary to ensure the development of friendly relations and co-operation among themselves as among all States.
They will constantly respect these rights and freedoms in their mutual relations and will endeav- our jointly and separately, including in co-operation with the United Nations, to promote univer- sal and effective respect for them.
They confirm the right of the individual to know and act upon his rights and duties in this field.
In the field of human rights and fundamental freedoms, the participating States will act in con- formity with the purposes and principles of the Charter of the United Nations and with the Uni- versal Declaration of Human Rights. They will also fulfil their obligations as set forth in the
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international declarations and agreements in this field, including inter alia the International Cov- enants on Human Rights, by which they may be bound.
VIII. Equal rights and self-determination of peoples
The participating States will respect the equal rights of peoples and their right to self-determi- nation, acting at all times in conformity with the purposes and principles of the Charter of the United Nations and with the relevant norms of international law, including those relating to ter- ritorial integrity of States.
By virtue of the principle of equal rights and self-determination of peoples, all peoples always have the right, in full freedom, to determine, when and as they wish, their internal and external polit- ical status, without external interference, and to pursue as they wish their political, economic, social and cultural development.
The participating States reaffirm the universal significance of respect for and effective exercise of equal rights and self-determination of peoples for the development of friendly relations among themselves as among all States; they also recall the importance of the elimination of any form of violation of this principle.
IX. Co-operation among States
The participating States will develop their co-operation with one another and with all
States in all fields in accordance with the purposes and principles of the Charter of the United Nations. In developing their co-operation the participating States will place special emphasis on the fields as set forth within the framework of the Conference on Security and Co-operation in Europe, with each of them making its contribution in conditions of full equality.
They will endeavour, in developing their co-operation as equals, to promote mutual understanding and confidence, friendly and good-neighbourly relations among themselves, international peace, security and justice. They will equally endeavour, in developing their cooperation, to improve the well-being of peoples and contribute to the fulfillment of their aspirations through, inter alia, the benefits resulting from increased mutual knowledge and from progress and achievement in the economic, scientific, technological, social, cultural and humanitarian fields. They will take steps to promote conditions favourable to making these benefits available to all; they will take into account the interest of all in the narrowing of differences in the levels of economic development, and in particular the interest of developing countries throughout the world.
They confirm that governments, institutions, organizations and persons have a relevant and posi- tive role to play in contributing toward the achievement of these aims of their cooperation.
They will strive, in increasing their cooperation as set forth above, to develop closer relations among themselves on an improved and more enduring basis for the benefit of peoples.
X. Fulfilment in good faith of obligations under international law
The participating States will fulfil in good faith their obligations under international law, both those obligations arising from the generally recognized principles and rules of international law and those obligations arising from treaties or other agreements, in conformity with international law, to which they are parties.
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In exercising their sovereign rights, including the right to determine their laws and regulations, they will conform with their legal obligations under international law; they will furthermore pay due regard to and implement the provisions in the Final Act of the Conference on Security and Cooperation in Europe.
The participating States confirm that in the event of a conflict between the obligations of the mem- bers of the United Nations under the Charter of the United Nations and their obligations under any treaty or other international agreement, their obligations under the Charter will prevail, in accordance with Article 103 of the Charter of the United Nations.
All the principles set forth above are of primary significance and, accordingly, they will be equally and unreservedly applied, each of them being interpreted taking into account the others.
The participating States express their determination fully to respect and apply these principles, as set forth in the present Declaration, in all aspects, to their mutual relations and cooperation in order to ensure to each participating State the benefits resulting from the respect and application of these principles by all.
The participating States, paying due regard to the principles above and, in particular, to the first sentence of the tenth principle, “Fulfilment in good faith of obligations under international law”, note that the present Declaration does not affect their rights and obligations, nor the correspond- ing treaties and other agreements and arrangements.
The participating States express the conviction that respect for these principles will encourage the development of normal and friendly relations and the progress of cooperation among them in all fields. They also express the conviction that respect for these principles will encourage the devel- opment of political contacts among them which in time would contribute to better mutual under- standing of their positions and views.
The participating States declare their intention to conduct their relations with all other States in the spirit of the principles contained in the present Declaration.
(b) Matters related to giving effect to certain of the above Principles
(i) The participating States,
Reaffirming that they will respect and give effect to refraining from the threat or use of force and convinced of the necessity to make it an effective norm of international life,
Declare that they are resolved to respect and carry out, in their relations with one another, inter alia, the following provisions which are in conformity with the Declaration on Principles Guid- ing Relations between Participating States: • To give effect and expression, by all the ways and forms which they consider appropriate, to the duty to refrain from the threat or use of force in their relations with one another. • To refrain from any use of armed forces inconsistent with the purposes and principles of the Charter of the United Nations and the provisions of the Declaration on Principles Guiding Rela- tions between Participating States, against another participating State, in particular from inva- sion of or attack on its territory. • To refrain from any manifestation of force for the purpose of inducing another participating State to renounce the full exercise of its sovereign rights.
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• To refrain from any act of economic coercion designed to subordinate to their own interest the exercise by another participating State of the rights inherent in its sovereignty and thus to secure advantages of any kind. • To take effective measures which by their scope and by their nature constitute steps towards the ultimate achievement of general and complete disarmament under strict and effective interna- tional control. • To promote, by all means which each of them considers appropriate, a climate of confidence and respect among peoples consonant with their duty to refrain from propaganda for wars of aggression or for any threat or use of force inconsistent with the purposes of the United Nations and with the Declaration on Principles Guiding Relations between Participating States, against another participating State. • To make every effort to settle exclusively by peaceful means any dispute between them, the con- tinuance of which is likely to endanger the maintenance of international peace and security in Europe, and to seek, first of all, a solution through the peaceful means set forth in Article 33 of the United Nations Charter. • To refrain from any action which could hinder the peaceful settlement of disputes between the participating States. (…)
Co-operation in the Field of Economics, of Science and Technology and of the Environment (…)
6. Co-operation in other areas (…)
Economic and social aspects of migrant labour
The participating States,
Considering that the movements of migrant workers in Europe have reached substantial propor- tions, and that they constitute an important economic, social and human factor for host countries as well as for countries of origin,
Recognizing that workers’ migrations have also given rise to a number of economic, social, human and other problems in both the receiving countries and the countries of origin,
Taking due account of the activities of the competent international organizations, more particu- larly the International Labour Organisation, in this area, • are of the opinion that the problems arising bilaterally from the migration of workers in Europe as well as between the participating States should be dealt with by the parties directly concerned, in order to resolve these problems in their mutual interest, in the light of the concern of each State involved to take due account of the requirements resulting from its socio-economic situa- tion, having regard to the obligation of each State to comply with the bilateral and multilateral agreements to which it is party, and with the following aims in view:
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• to encourage the efforts of the countries of origin directed towards increasing the possibilities of employment for their nationals in their own territories, in particular by developing economic co-operation appropriate for this purpose and suitable for the host countries and the countries of origin concerned; • to ensure, through collaboration between the host country and the country of origin, the con- ditions under which the orderly movement of workers might take place, while at the same time protecting their personal and social welfare and, if appropriate, to organize the recruitment of migrant workers and the provision of elementary language and vocational training; • to ensure equality of rights between migrant workers and nationals of the host countries with regard to conditions of employment and work and to social security, and to endeavour to ensure that migrant workers may enjoy satisfactory living conditions, especially housing conditions; • to endeavour to ensure, as far as possible, that migrant workers may enjoy the same opportu- nities as nationals of the host countries of finding other suitable employment in the event of unemployment; • to regard with favour the provision of vocational training to migrant workers and, as far as pos- sible, free instruction in the language of the host country, in the framework of their employment; • to confirm the right of migrant workers to receive, as far as possible, regular information in their own language, covering both their country of origin and the host country; • to ensure that the children of migrant workers established in the host country have access to the education usually given there, under the same conditions as the children of that country and, furthermore, to permit them to receive supplementary education in their own language, national culture, history and geography; • to bear in mind that migrant workers, particularly those who have acquired qualifications, can by returning to their countries after a certain period of time help to remedy any deficiency of skilled labour in their country of origin; • to facilitate, as far as possible, the reuniting of migrant workers with their families; • to regard with favour the efforts of the countries of origin to attract the savings of migrant work- ers, with a view to increasing, within the framework of their economic development, appropri- ate opportunities for employment, thereby facilitating the reintegration of these workers on their return home. (…)
Co-operation in Humanitarian and Other Fields
The participating States,
Desiring to contribute to the strengthening of peace and understanding among peoples and to the spiritual enrichment of the human personality without distinction as to race, sex, language or religion,
Conscious that increased cultural and educational exchanges, broader dissemination of informa- tion, contacts between people, and the solution of humanitarian problems will contribute to the attainment of these aims,
Determined therefore to cooperate among themselves, irrespective of their political, economic and social systems, in order to create better conditions in the above fields, to develop and strengthen existing forms of co-operation and to work out new ways and means appropriate to these aims,
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Convinced that this co-operation should take place in full respect for the principles guiding rela- tions among participating States as set forth in the relevant document,
Have adopted the following:
1. Human Contacts
The participating States,
Considering the development of contacts to be an important element in the strengthening of friendly relations and trust among peoples,
Affirming, in relation to their present effort to improve conditions in this area, the importance they attach to humanitarian considerations,
Desiring in this spirit to develop, with the continuance of détente, further efforts to achieve con- tinuing progress in this field,
And conscious that the questions relevant hereto must be settled by the States concerned under mutually acceptable conditions,
Make it their aim to facilitate freer movement and contacts, individually and collectively, whether privately or officially, among persons, institutions and organizations of the participating States, and to contribute to the solution of the humanitarian problems that arise in that connection,
Declare their readiness to these ends to take measures which they consider appropriate and to con- clude agreements or arrangements among themselves, as may be needed, and
Express their intention now to proceed to the implementation of the following:
(a) Contacts and Regular Meetings on the Basis of Family Ties
In order to promote further development of contacts on the basis of family ties the participat- ing States will favourably consider applications for travel with the purpose of allowing persons to enter or leave their territory temporarily, and on a regular basis if desired, in order to visit mem- bers of their families.
Applications for temporary visits to meet members of their families will be dealt with without dis- tinction as to the country of origin or destination: existing requirements for travel documents and visas will be applied in this spirit. The preparation and issue of such documents and visas will be effected within reasonable time limits, cases of urgent necessity – such as serious illness or death – will be given priority treatment. They will take such steps as may be necessary to ensure that the fees for official travel documents and visas are acceptable.
They confirm that the presentation of an application concerning contacts on the basis of family ties will not modify the rights and obligations of the applicant or of members of his family.
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(b) Reunification of Families
The participating States will deal in a positive and humanitarian spirit with the applications of per- sons who wish to be reunited with members of their family, with special attention being given to requests of an urgent character – such as requests submitted by persons who are ill or old.
They will deal with applications in this field as expeditiously as possible
They will lower where necessary the fees charged in connection with these applications to ensure that they are at a moderate level.
Applications for the purpose of family reunification which are not granted may be renewed at the appropriate level and will be reconsidered at reasonably short intervals by the authorities of the country of residence or destination, whichever is concerned, under such circumstances fees will be charged only when applications are granted.
Persons whose applications for family reunification are granted may bring with them or ship their household and personal effects; to this end the participating States will use all possibilities pro- vided by existing regulations.
Until members of the same family are reunited meetings and contacts between them may take place in accordance with the modalities for contacts on the basis of family ties.
The participating States will support the efforts of Red Cross and Red Crescent Societies concerned with the problems of family reunification.
They confirm that the presentation of an application concerning family reunification will not mod- ify the rights and obligations of the applicant or of members of his family.
The receiving participating State will take appropriate care with regard to employment for persons from other participating States who take up permanent residence in that State in connection with family reunification with its citizens and see that they are afforded opportunities equal to those enjoyed by its own citizens for education, medical assistance and social security.
(c) Marriage between Citizens of Different States
The participating States will examine favourably and on the basis of humanitarian considerations requests for exit or entry permits from persons who have decided to marry a citizen from another participating State.
The processing and issuing of the documents required for the above purposes and for the marriage will be in accordance with the provisions accepted for family reunification.
In dealing with requests from couples from different participating States, once married, to ena- ble them and the minor children of their marriage to transfer their permanent residence to a State in which either one is normally a resident, the participating States will also apply the provisions accepted for family reunification.
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(d) Travel for Personal or Professional Reasons
The participating States intend to facilitate wider travel by their citizens for personal or profes- sional reasons and to this end they intend in particular: • gradually to simplify and to administer flexibly the procedures for exit and entry; • to ease regulations concerning movement of citizens from the other participating States in their territory, with due regard to security requirements.
They will endeavour gradually to lower, where necessary, the fees for visas and official travel doc- uments.
They intend to consider, as necessary, means – including, in so far as appropriate, the conclusion of multilateral or bilateral consular conventions or other relevant agreements or understandings – for the improvement of arrangements to provide consular services, including legal and consu- lar assistance.
They confirm that religious faiths, institutions and organizations, practising within the consti- tutional framework of the participating States, and their representatives can, in the field of their activities, have contacts and meetings among themselves and exchange information.
(e) Improvement of Conditions for Tourism on an Individual or Collective Basis
The participating States consider that tourism contributes to a fuller knowledge of the life, culture and history of other countries, to the growth of understanding among peoples, to the improvement of contacts and to the broader use of leisure. They intend to promote the development of tourism, on an individual or collective basis, and, in particular, they intend: • to promote visits to their respective countries by encouraging the provision of appropriate facil- ities and the simplification and expediting of necessary formalities relating to such visits; • to increase, on the basis of appropriate agreements or arrangements where necessary, co-oper- ation in the development of tourism, in particular by considering bilaterally possible ways to increase information relating to travel to other countries and to the reception and service of tourists, and other related questions of mutual interest.
(f) Meetings among Young People
The participating States intend to further the development of contacts and exchanges among young people by encouraging: • increased exchanges and contacts on a short or long term basis among young people working, training or undergoing education through bilateral or multilateral agreements or regular pro- grammes in all cases where it is possible; • study by their youth organizations of the question of possible agreements relating to frameworks of multilateral youth co-operation; • agreements or regular programmes relating to the organization of exchanges of students, of international youth seminars, of courses of professional training and foreign language study; • the further development of youth tourism and the provision to this end of appropriate facilities;
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• the development, where possible, of exchanges, contacts and co-operation on a bilateral or mul- tilateral basis between their organizations which represent wide circles of young people work- ing, training or undergoing education; • awareness among youth of the importance of developing mutual understanding and of strength- ening friendly relations and confidence among peoples.
(g) Sport
In order to expand existing links and co-operation in the field of sport the participating States will encourage contacts and exchanges of this kind, including sports meetings and competitions of all sorts, on the basis of the established international rules, regulations and practice.
(h) Expansion of Contacts
By way of further developing contacts among governmental institutions and non-governmental organizations and associations, including women’s organizations, the participating States will facil- itate the convening of meetings as well as travel by delegations, groups and individuals.
2. Information
The participating States,
Conscious of the need for an ever wider knowledge and understanding of the various aspects of life in other participating States,
Acknowledging the contribution of this process to the growth of confidence between peoples,
Desiring, with the development of mutual understanding between the participating States and with the further improvement of their relations, to continue further efforts towards progress in this field,
Recognizing the importance of the dissemination of information from the other participating States and of a better acquaintance with such information,
Emphasizing therefore the essential and influential role of the press, radio, television, cinema and news agencies and of the journalists working in these fields,
Make it their aim to facilitate the freer and wider dissemination of information of all kinds, to encourage co-operation in the field of information and the exchange of information with other countries, and. to improve the conditions under which journalists from one participating State exercise their profession in another participating State, and
Express their intention in particular:
(a) Improvement of the Circulation of, Access to, and Exchange of Information
(i) Oral Information • To facilitate the dissemination of oral information through the encouragement of lectures and lecture tours by personalities and specialists from the other participating States, as well as exchanges of opinions at round table meetings, seminars, symposia, summer schools, congresses and other bilateral and multilateral meetings.
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(ii) Printed Information • To facilitate the improvement of the dissemination, on their territory, of newspapers and printed publications, periodical and non-periodical, from the other participating States. For this purpose: they will encourage their competent firms and organizations to conclude agreements and con- tracts designed gradually to increase the quantities and the number of titles of newspapers and publications imported from the other participating States. These agreements and contracts should in particular mention the speediest conditions of delivery and the use of the normal channels existing in each country for the distribution of its own publications and newspapers, as well as forms and means of payment agreed between the parties making it possible to achieve the objectives aimed at by these agreements and contracts; where necessary, they will take appro- priate measures to achieve the above objectives and to implement the provisions contained in the agreements and contracts. • To contribute to the improvement of access by the public to periodical and non-periodical printed publications imported on the bases indicated above. In particular: – they will encourage an increase in the number of places where these publications are on sale, – they will facilitate the availability of these periodical publications during congresses, confer- ences, official visits and other international events and to tourists during the season, – they will develop the possibilities for taking out subscriptions according to the modalities particular to each country; – they will improve the opportunities for reading and borrowing these publications In large public libraries and their reading rooms as well as in university libraries. They intend to improve the possibilities for acquaintance with bulletins of official information issued by diplomatic missions and distributed by those missions on the basis of arrangements acceptable to the interested parties.
(iii) Filmed and Broadcast Information • To promote the improvement of the dissemination of filmed and broadcast information. To this end: – they will encourage the wider showing and broadcasting of a greater variety of recorded and filmed information from the other participating States, illustrating the various aspects of life in their countries and received on the basis of such agreements or arrangements as may be necessary between the organizations and firms directly concerned; – they will facilitate the import by competent organizations and firms of recorded audiovisual material from the other participating States. The participating States note the expansion in the dissemination of information broadcast by radio, and express the hope for the continuation of this process, so as to meet the interest of mutual understanding among peoples and the aims set forth by this Conference.
(b) Co-operation in the Field of Information
To encourage co-operation in the field of information on the basis of short or long term agree- ments or arrangements. In particular: • they will favour increased co-operation among mass media organizations. Including press agen- cies, as well as among publishing houses and organizations:
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• they will favour co-operation among public or private, national or international radio and tel- evision organizations, in particular through the exchange of both live and recorded radio and television programmes, and through the joint production and the broadcasting and distribu- tion of such programmes; • they will encourage meetings and contacts both between journalists organizations and between journalists from the participating States; • they will view favourably the possibilities of arrangements between periodical publications as well as between newspapers from the participating States, for the purpose of exchanging and publishing articles; • they will encourage the exchange of technical information as well as the organization of joint research and meetings devoted to the exchange of experience and views between experts in the field of the press, radio and television.
(c) Improvement of Working Conditions for Journalists
The participating States, desiring to improve the conditions under which journalists from one participating State exercise their profession in another participating State, intend in particular to: • examine in a favourable spirit and within a suitable and reasonable time scale requests from journalists for visas; • grant to permanently accredited journalists of the participating States, on the basis of arrange- ments, multiple entry and exit visas for specified periods; • facilitate the issue to accredited journalists of the participating States of permits for stay in their country of temporary residence and, if and when these are necessary, of other official papers which it is appropriate for them to have; • ease, on a basis of reciprocity, procedures for arranging travel by journalists of the participat- ing States in the country where they are exercising their profession, and to provide progres- sively greater opportunities for such travel, subject to the observance of regulations relating to the existence of areas closed for security reasons, • ensure that requests by such journalists for such travel receive, in so far as possible, an expedi- tious response, taking into account the time scale of the request; • increase the opportunities for journalists of the participating States to communicate personally with their sources, including organizations and official institutions; • grant to journalists of the participating States the right to import, subject only to its being taken out again, the technical equipment (photographic, cinematographic, tape recorder, radio and television) necessary for the exercise of their profession;* • enable journalists of the other participating States, whether permanently or temporarily accred- ited, to transmit completely, normally and rapidly by means recognized by the participating States to the information organs which they represent, the results of their professional activity, including tape recordings and undeveloped film, for the purpose of publication or of broadcast- ing on the radio or television.
* While recognizing that appropriate local personnel are employed by foreign journalists in many instances, the participating States note that the above provisions would be applied, subject to the observance of the appropri- ate rules, to persons from the other participating States, who are regularly and professionally engaged as tech- nicians, photographers or cameramen of the press, radio, television or cinema.
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The participating States reaffirm that the legitimate pursuit of their professional activity will nei- ther render journalists liable to expulsion nor otherwise penalize them. If an accredited journal- ist is expelled, he will be informed of the reasons for this act and may submit an application for re-examination of his case.
3. Co-operation and Exchanges in the Field of Culture
The participating States
Considering that cultural exchanges and co-operation contribute to a better comprehension among people and among peoples, and thus promote a lasting understanding among States,
Confirming the conclusions already formulated in this field at the multilateral level, particularly at the Intergovernmental Conference on Cultural Policies in Europe, organized by UNESCO in Helsinki in June 1972, where interest was manifested in the active participation of the broadest possible social groups in an increasingly diversified cultural life,
Desiring, with the development of mutual confidence and the further improvement of relations between the participating States, to continue further efforts toward progress in this field,
Disposed in this spirit to increase substantially their cultural exchanges, with regard both to per- sons and to cultural works, and to develop among them an active co-operation, both at the bilat- eral and the multilateral level, in aft the fields of culture,
Convinced that such a development of their mutual relations will contribute to the enrichment of the respective cultures, while respecting the originality of each, as well as to the reinforcement among them of a consciousness of common values, while continuing to develop cultural co-oper- ation with other countries of the world,
Declare that they jointly set themselves the following objectives: (a) to develop the mutual exchange of information with a view to a better knowledge of respec- tive cultural achievements, (b) to improve the facilities for the exchange and for the dissemination of cultural property, (c) to promote access by all to respective cultural achievements, (d) to develop contacts and co-operation among persons active in the field of culture, (e) to seek new fields and forms of cultural co-operation,
Thus give expression to their common will to take progressive, coherent and long-term action in order to achieve the objectives of the present declaration; and
Express their intention now to proceed to the implementation of the following:
Extension of Relations
To expand and improve at the various levels co-operation and links in the field of culture, in par- ticular by: • concluding, where appropriate, agreements on a bilateral or multilateral basis, providing for the extension of relations among competent State institutions and non-governmental organizations
15 Helsinki 1975
in the field of culture, as well as among people engaged in cultural activities, taking into account the need both for flexibility and the fullest possible use of existing agreements, and bearing in mind that agreements and also other arrangements constitute important means of developing cultural co-operation and exchanges; • contributing to the development of direct communication and co-operation among relevant State institutions and non-governmental organizations, including, where necessary, such com- munication and co-operation carried out on the basis of special agreements and arrangements; • encouraging direct contacts and communications among persons engaged in cultural activities, including, where necessary, such contacts and communications carried out on the basis of spe- cial agreements and arrangements.
Mutual Knowledge
Within their competence to adopt, on a bilateral and multilateral level, appropriate measures which would give their peoples a more comprehensive and complete mutual knowledge of their achieve- ments in the various fields of culture, and among them: • to examine jointly, if necessary with the assistance of appropriate international organizations, the possible creation in Europe and the structure of a bank of cultural data, which would col- lect information from the participating countries and make it available to its correspondents on their request, and to convene for this purpose a meeting of experts from interested States; • to consider, if necessary in conjunction with appropriate international organizations, ways of compiling in Europe an inventory of documentary films of a cultural or scientific nature from the participating States; • to encourage more frequent book exhibitions and to examine the possibility of organizing peri- odically in Europe a large-scale exhibition of books from the participating States; • to promote the systematic exchange, between the institutions concerned and publishing houses, of catalogues of available books as well as of pre-publication material which will include, as far as possible, all forthcoming publications; and also to promote the exchange of material between firms publishing encyclopaedias, with a view to improving the presentation of each country; • to examine jointly questions of expanding and improving exchanges of information in the var- ious fields of culture, such as theatre, music, library work as well as the conservation and res- toration of cultural property.
Exchanges and Dissemination
To contribute to the improvement of facilities for exchanges and the dissemination of cultural property, by appropriate means, in particular by: • studying the possibilities for harmonizing and reducing the charges relating to international commercial exchanges of books and other cultural materials, and also for new means of insur- ing works of art in foreign exhibitions and for reducing the risks of damage or loss to which these works are exposed by their movement; • facilitating the formalities of customs clearance, in good time for programmes of artistic events, of the works of art, materials and accessories appearing on lists agreed upon by the organiz- ers of these events; • encouraging meetings among representatives of competent organizations and relevant firms to examine measures within their field of activity – such as the simplification of orders, time limits
16 Helsinki 1975
for sending supplies and modalities of payment – which might facilitate international commer- cial exchanges of books; • promoting the loan and exchange of films among their film institutes and film libraries; • encouraging the exchange of information among interested parties concerning events of a cul- tural character foreseen in the participating States, in fields where this is most appropriate, such as music, theatre and the plastic and graphic arts, with a view to contributing to the compila- tion and publication of a calendar of such events, with the assistance, where necessary, of the appropriate international organizations; • encouraging a study of the impact which the foreseeable development, and a possible harmoni- zation among interested parties, of the technical means used for the dissemination of culture might have on the development of cultural co-operation and exchanges, while keeping in view the preservation of the diversity and originality, of their respective cultures; • encouraging, in the way they deem appropriate, within their cultural policies, the further devel- opment of interest in the cultural heritage of the other participating States, conscious of the mer- its and the value of each culture; • endeavouring to ensure the full and effective application of the international agreements and conventions on copyrights and on circulation of cultural property to which they are party or to which they may decide in the future to become party.
Access
To promote fuller mutual access by all to the achievements – works, experiences and performing arts – in the various fields of culture of their countries, and to that end to make the best possible efforts, in accordance with their competence, more particularly: • to promote wider dissemination of books and artistic works, in particular by such means as: – facilitating, while taking full account of the international copyright conventions to which they are party, international contacts and communications between authors and publishing houses as well as other cultural institutions, with a view to a more complete mutual access to cultural achievements; – recommending that, in determining the size of editions, publishing houses take into account also the demand from the other participating States, and that rights of sale in other partici- pating States be granted, where possible, to several sales organizations of the importing coun- tries, by agreement between interested partners; – encouraging competent organizations and relevant firms to conclude agreements and con- tracts and contributing, by this means, to a gradual increase in the number and diversity of works by authors from the other participating States available in the original and in transla- tion in their libraries and bookshops; – promoting, where deemed appropriate, an increase in the number of sales outlets where books by authors from the other participating States, imported in the original on the basis of agree- ments and contracts, and in translation, are for sale; – promoting, on a wider scale, the translation of works in the sphere of literature and other fields of cultural activity, produced in the languages of the other participating States, espe- cially from the less widely-spoken languages, and the publication and dissemination of the translated works by such measures as: – encouraging more regular contacts between interested publishing houses; – developing their efforts in the basic and advanced training of translators;
17 Helsinki 1975
– encouraging, by appropriate means, the publishing houses of their countries to publish trans- lations; – facilitating the exchange between publishers and interested institutions of lists of books which might be translated; – promoting between their countries the professional activity and co-operation of translators; – carrying out joint studies on ways of further promoting translations and their dissemination; improving and expanding exchanges of books, bibliographies and catalogue cards between libraries; • to envisage other appropriate measures which would permit, where necessary by mutual agree- ment among interested parties, the facilitation of access to their respective cultural achieve- ments, in particular in the field of books; • to contribute by appropriate means to the wider use of the mass media in order to improve mutual acquaintance with the cultural fife of each; • to seek to develop the necessary conditions for migrant workers and their families to preserve their links with their national culture, and also to adapt themselves to their new cultural environment; • to encourage the competent bodies and enterprises to make a wider choice and effect wider dis- tribution of full-length and documentary films from the other participating States, and to pro- mote more frequent non-commercial showings, such as premières, film weeks and festivals, giving due consideration to films from countries whose cinematographic works are less well known; • to promote, by appropriate means, the extension of opportunities for specialists from the other participating States to work with materials of a cultural character from film and audio-visual archives, within the framework of the existing rules for work on such archival materials; • to encourage a joint study by interested bodies, where appropriate with the assistance of the competent international organizations, of the expediency and the conditions for the establish- ment of a repertory of their recorded television programmes of a cultural nature, as well as of the means of viewing them rapidly in order to facilitate their selection and possible acquisition.
Contacts and Co-operation
To contribute, by appropriate means, to the development of contacts and co-operation in the var- ious fields of culture, especially among creative artists and people engaged in cultural activities, in particular by making efforts to: • promote for persons active in the field of culture, travel and meetings including, where neces- sary, those carried out on the basis of agreements, contracts or other special arrangements and which are relevant to their cultural co-operation; • encourage in this way contacts among creative and performing artists and artistic groups with a view to their working together, making known their works in other participating States or exchanging views on topics relevant to their common activity; • encourage, where necessary through appropriate arrangements, exchanges of trainee and special- ists and the granting of scholarships for basic and advanced training in various fields of culture such as the arts and architecture, museums and libraries, literary studies and translation, and contribute to the creation of favourable conditions of reception in their respective institutions; • encourage the exchange of experience in the training of organizers of cultural activities as well as of teachers and specialists in fields such as theatre, opera, ballet, music and fine arts;
18 Helsinki 1975
• continue to encourage the organization of international meetings among creative artists, espe- cially young creative artists, on current questions of artistic and literary creation which are of interest for joint study; • study other possibilities for developing exchanges and co-operation among persons active in the field of culture, with a view to a better mutual knowledge of the cultural life of the partic- ipating States.
Fields and Forms of Co-operation
To encourage the search for new fields and forms of cultural co-operation, to these ends contrib- uting to the conclusion among interested parties, where necessary, of appropriate agreements and arrangements, and in this context to promote: • joint studies regarding cultural policies, in particular in their social aspects, and as they relate to planning, town-planning, educational and environmental policies, and the cultural aspects of tourism; • the exchange of knowledge in the realm of cultural diversity, with a view to contributing thus to a better understanding by interested parties of such diversity where it occurs; • the exchange of information, and as may be appropriate, meetings of experts, the elaboration and the execution of research programmes and projects, as well as their joint evaluation, and the dissemination of the results, on the subjects indicated above; • such forms of cultural co-operation and the development of such joint projects as: international events in the fields of the plastic and graphic arts, cinema, theatre, ballet, music, folklore, etc.; book fairs and exhibitions, joint performances of operatic and dramatic works, as well as perfor- mances given by soloists, instrumental ensembles, orchestras, choirs and other artistic groups, including those composed of amateurs, paying due attention to the organization of international cultural youth events and the exchange of young artists; • the inclusion of works by writers and composers from the other participating States in the rep- ertoires of soloists and artistic ensembles; • the preparation, translation and publication of articles, studies and monographs, as well as of low-cost books and of artistic and literary collections, suited to making better known respec- tive cultural achievements, envisaging for this purpose meetings among experts and represent- atives of publishing houses; • the co-production and the exchange of films and of radio and television programmes, by pro- moting, in particular, meetings among producers, technicians and representatives of the pub- lic authorities with a view to working out favourable conditions for the execution of specific joint projects and by encouraging, in the field of co-production, the establishment of interna- tional filming teams; • the organization of competitions for architects and town-planners, bearing in mind the possible implementation of the best projects and the formation, where possible, of international teams; • the implementation of joint projects for conserving, restoring and showing to advantage works of art, historical and archaeological monuments and sites of cultural interest, with the help, in appropriate cases, of international organizations of a governmental or non-governmental char- acter as well as of private institutions – competent and active in these fields – envisaging for this purpose: – periodic meetings of experts of the interested parties to elaborate the necessary proposals, while bearing in mind the need to consider these questions in a wider social and economic context;
19 Helsinki 1975
– the publication in appropriate periodicals of articles designed to make known and to com- pare, among the participating States, the most significant achievements and innovations; – a joint study with a view to the improvement and possible harmonization of the different sys- tems used to inventory and catalogue the historical monuments and places of cultural inter- est in their countries; – the study of the possibilities for organizing international courses for the training of special- ists in different disciplines relating to restoration.
***
National minorities or regional cultures
The participating States, recognizing the contribution that national minorities or regional cultures can make to co-operation among them in various fields of culture, intend, when such minorities or cultures exist within their territory, to facilitate this contribution, taking into account the legit- imate interests of their members.
4. Co-operation and Exchanges in the Field of Education
The participating States,
Conscious that the development of relations of an international character in the fields of educa- tion and science contributes to a better mutual understanding and is to the advantage of all peo- ples as well as to the benefit of future generations,
Prepared to facilitate, between organizations, institutions and persons engaged in education and science, the further development of exchanges of knowledge and experience as well as of contacts, on the basis of special arrangements where these are necessary,
Desiring to strengthen the links among educational and scientific establishments and also to encour- age their co-operation in sectors of common interest, particularly where the levels of knowledge and resources require efforts to be concerted internationally, and
Convinced that progress in these fields should be accompanied and supported by a wider knowl- edge of foreign languages,
Express to these ends their intention in particular:
(a) Extension of Relations
To expand and improve at the various levels co-operation and links in the fields of education and science, in particular by: • concluding, where appropriate, bilateral or multilateral agreements providing for cooperation and exchanges among State institutions, non-governmental bodies and persons engaged in activ- ities in education and science, bearing in mind the need both for flexibility and the fuller use of existing agreements and arrangements; • promoting the conclusion of direct arrangements between universities and other institutions of higher education and research, in the framework of agreements between governments where appropriate;
20 Helsinki 1975
• encouraging among persons engaged in education and science direct contacts and communica- tions including those based on special agreements or arrangements where these are appropriate.
(b) Access and Exchanges
To improve access, under mutually acceptable conditions, for students, teachers and scholars of the participating States to each other’s educational, cultural and scientific institutions, and to intensify exchanges among these institutions in all areas of common interest, in particular by: • increasing the exchange of information on facilities for study and courses open to foreign par- ticipants, as well as on the conditions under which they will be admitted and received; • facilitating travel between the participating States by scholars, teachers and students for pur- poses of study, teaching and research as well as for improving knowledge of each other’s educa- tional, cultural and scientific achievements; • encouraging the award of scholarships for study, teaching and research in their countries to scholars, teachers and students of other participating States; • establishing, developing or encouraging programmes providing for the broader exchange of scholars, teachers and students, including the organization of symposia, seminars and collabo- rative projects, and the exchanges of educational and scholarly information such as university publications and materials from libraries; • promoting the efficient implementation of such arrangements and programmes by providing scholars, teachers and students in good time with more detailed information about their plac- ing in universities and institutes and the programmes envisaged for them; by granting them the opportunity to use relevant scholarly, scientific and open archival materials; and by facilitating their travel within the receiving State for the purpose of study or research as well as in the form of vacation tours on the basis of the usual procedures; • promoting a more exact assessment of the problems of comparison and equivalence of academic degrees and diplomas by fostering the exchange of information on the organization, duration and content of studies, the comparison of methods of assessing levels of knowledge, and aca- demic qualifications, and, where feasible, arriving at the mutual recognition of academic degrees and diplomas either through governmental agreements, where necessary, or direct arrangements between universities and other institutions of higher learning and research; • recommending, moreover, to the appropriate international organizations that they should inten- sify their efforts to reach a generally acceptable solution to the problems of comparison and equivalence between academic degrees and diplomas.
(c) Science
Within their competence to broaden and improve co-operation and exchanges in the field of sci- ence, in particular:
To increase, on a bilateral or multilateral basis, the exchange and dissemination of scientific infor- mation and documentation by such means as: • making this information more widely available to scientists and research workers of the other participating States through, for instance, participation in international information sharing programmes or through other appropriate arrangements; • broadening and facilitating the exchange of samples and other scientific materials used particu- larly for fundamental research in the fields of natural sciences and medicine;
21 Helsinki 1975
• inviting scientific institutions and universities to keep each other more fully and regularly informed about their current and contemplated research work in fields of common interest.
To facilitate the extension of communications and direct contacts between universities, scientific institutions and associations as well as among scientists and research workers, including those based where necessary on special agreements or arrangements, by such means as: • further developing exchanges of scientists and research workers and encouraging the organiza- tion of preparatory meetings or working groups on research topics of common interest; • encouraging the creation of joint teams of scientists to pursue research projects under arrange- ments made by the scientific institutions of several countries; • assisting the organization and successful functioning of international conferences and seminars and participation in them by their scientists and research workers; • furthermore envisaging, in the near future, a “Scientific Forum” in the form of a meeting of leading personalities in science from the participating States to discuss interrelated problems of common interest concerning current and future developments in science, and to promote the expansion of contacts, communications and the exchange of information between scientific institutions and among scientists; • foreseeing, at an early date, a meeting of experts representing the participating States and their national scientific institutions, in order to prepare such a “Scientific Forum” in consultation with appropriate international organizations, such as UNESCO and the ECE; • considering in due course what further steps might be taken with respect to the “Scientific Forum”.
To develop in the field of scientific research, on a bilateral or multilateral basis, the coordination of programmes carried out in the participating States and the organization of joint programmes, especially in the areas mentioned below, which may involve the combined efforts of scientists and in certain cases the use of costly or unique equipment. The list of subjects in these areas is illus- trative; and specific projects would have to be determined subsequently by the potential partners in the participating States, taking account of the contribution which could be made by appropri- ate international organizations and scientific institutions: • exact and natural sciences, in particular fundamental research in such fields as mathematics, physics, theoretical physics, geophysics, chemistry, biology, ecology and astronomy; • medicine, in particular basic research into cancer and cardiovascular diseases, studies on the diseases endemic in the developing countries, as well as medico-social research with special emphasis on occupational diseases, the rehabilitation of the handicapped and the care of moth- ers, children and the elderly; • the humanities and social sciences, such as history, geography, philosophy, psychology, peda- gogical research, linguistics, sociology, the legal, political and economic sciences; comparative studies on social, socioeconomic and cultural phenomena which are of common interest to the participating States, especially the problems of human environment and urban development; and scientific studies on the methods of conserving and restoring monuments and works of art.
(d) Foreign Languages and Civilizations
To encourage the study of foreign languages and civilizations as an important means of expand- ing communication among peoples for their better acquaintance with the culture of each coun- try, as well as for the strengthening of international co-operation; to this end to stimulate, within their competence, the further development and improvement of foreign language teaching and the
22 Helsinki 1975
diversification of choice of languages taught at various levels, paying due attention to less widely ‑spread or studied languages, and in particular: • to intensify co-operation aimed at improving the teaching of foreign languages through exchanges of information and experience concerning the development and application of effective modem teaching methods and technical aids, adapted to the needs of different categories of students, including methods of accelerated teaching; and to consider the possibility of conducting, on a bilateral or multilateral basis, studies of new methods of foreign language teaching; • to encourage co-operation between institutions concerned, on a bilateral or multilateral basis, aimed at exploiting more fully the resources of modern educational technology in language teach- ing, for example through comparative studies by their specialists and, where agreed, through exchanges or transfers of audio-visual materials, of materials used for preparing textbooks, as well as of information about new types of technical equipment used for teaching languages; • to promote the exchange of information on the experience acquired in the training of language teachers and to intensify exchanges on a bilateral basis of language teachers and students as well as to facilitate their participation in summer courses in languages and civilizations, wher- ever these are organized; • to encourage co-operation among experts in the field of lexicography with the aim of defining the necessary terminological equivalents, particularly in the scientific and technical disciplines, in order to facilitate relations among scientific institutions and specialists; • to promote the wider spread of foreign language study among the different types of second- ary education establishments and greater possibilities of choice between an increased number of European languages; and in this context to consider, wherever appropriate, the possibilities for developing the recruitment and training of teachers as well as the organization of the stu- dent groups required; • to favour, in higher education, a wider choice in the languages offered to language students and greater opportunities for other students to study various foreign languages; also to facili- tate, where desirable, the organization of courses in languages and civilizations, on the basis of special arrangements as necessary to be given by foreign lecturers, particularly from European countries having less widely-spread or studied languages; • to promote, within the framework of adult education, the further development of specialized programmes, adapted to various needs and interests, for teaching foreign languages to their own inhabitants and the languages of host countries to interested adults from other countries; in this context to encourage interested institutions to cooperate, for example, in the elaboration of programmes for teaching by radio and television and by accelerated methods, and also, where desirable, in the definition of study objectives for such programmes, with a view to arriving at comparable levels of language proficiency; • to encourage the association, where appropriate, of the teaching of foreign languages with the study of the corresponding civilizations and also to make further efforts to stimulate interest in the study of foreign languages, including relevant out-of-class activities.
(e) Teaching Methods
To promote the exchange of experience, on a bilateral or multilateral basis, in teaching methods at all levels of education, including those used in permanent and adult education, as well as the exchange of teaching materials, in particular by:
23 Helsinki 1975
• further developing various forms of contacts and co-operation in the different fields of pedagog- ical science, for example through comparative or joint studies carried out by interested institu- tions or through exchanges of information on the results of teaching experiments; • intensifying exchanges of information on teaching methods used in various educational systems and on results of research into the processes by which pupils and students acquire knowledge, taking account of relevant experience in different types of specialized education; • facilitating exchanges of experience concerning the organization and functioning of education intended for adults and recurrent education, the relationships between these and other forms and levels of education, as well as concerning the means of adapting education, including voca- tional and technical training, to the needs of economic and social development in their countries; • encouraging exchanges of experience in the education of youth and adults in international understanding, with particular reference to those major problems of mankind whose solution calls for a common approach and wider international co-operation; • encouraging exchanges of teaching materials – including school textbooks, having in mind the possibility of promoting mutual knowledge and facilitating the presentation of each country in such books – as well as exchanges of information on technical innovations in the field of education.
National minorities or regional cultures
The participating States, recognizing the contribution that national minorities or regional cultures can make to co-operation among them in various fields of education, intend, when such minori- ties or cultures exist within their territory, to facilitate this contribution, taking into account the legitimate interests of their members.
Follow-up to the Conference
The participating States,
Having considered and evaluated the progress made at the Conference on Security and Co-oper- ation in Europe,
Considering further that, within the broader context of the world, the Conference is an important part of the process of improving security and developing co-operation in
Europe and that its results will contribute significantly to this process, Intending to implement the provisions of the Final Act of the Conference in order to give full effect to its results and thus to further the process of improving security and developing co-operation in Europe,
Convinced that, in order to achieve the aims sought by the Conference, they should make further unilateral, bilateral and multilateral efforts and continue, in the appropriate forms set forth below, the multilateral process initiated by the Conference,
1. Declare their resolve, in the period following the Conference, to pay due regard to and imple- ment the provisions of the Final Act of the Conference: (a) unilaterally, in all cases which lend themselves to such action; (b) bilaterally, by negotiations with other participating States;
24 Helsinki 1975
(c) multilaterally, by meetings of experts of the participating States, and also within the frame- work of existing international organizations, such as the United Nations Economic Commission for Europe and UNESCO, with regard to educational, scientific and cultural co-operation;
2. Declare furthermore their resolve to continue the multilateral process initiated by the Conference: (a) by proceeding to a thorough exchange of views both on the implementation of the provisions of the Final Act and of the tasks defined by the Conference, as well as, in the context of the ques- tions dealt with by the latter, on the deepening of their mutual relations, the improvement of security and the development of co-operation in Europe, and the development of the process of détente in the future; (b) by organizing to these ends meetings among their representatives, beginning with a meeting at the level of representatives appointed by the Ministers of foreign Affairs. This meeting will define the appropriate modalities for the holding of other meetings which could include further similar meetings and the possibility of a new Conference;
3. The first of the meetings indicated above will be held at Belgrade in 1977. A preparatory meet- ing to organize this meeting will be held at Belgrade on 15 June 1977. The preparatory meeting will decide on the date, duration, agenda and other modalities of the meeting of representatives appointed by the Ministers of Foreign Affairs;
4. The rules of procedure, the working methods and the scale of distribution for the expenses of the Conference will, mutatis mutandis, be applied to the meetings envisaged in paragraphs 1 (c), 2 and 3 above. All the above-mentioned meetings will be held in the participating States in rota- tion. The services of a technical secretariat will be provided by the host country.
The original of this Final Act, drawn up in English, French, German, Italian, Russian and Span- ish, will be transmitted to the Government of the Republic of Finland, which will retain it in its archives. Each of the participating States will receive from the Government of the Republic of Fin- land a true copy of this Final Act.
The text of this Final Act will be published in each participating State, which will disseminate it and make it known as widely as possible.
The Government of the Republic of Finland is requested to transmit to the Secretary – General of the United Nations the text of this Final Act, which is not eligible for registration under Article 102 of the Charter of the United Nations, with a view to its circulation to all the members of the Organization as an official document of the United Nations.
The Government of the Republic of Finland is also requested to transmit the text of this Final Act to the Director-General of UNESCO and to the Executive Secretary of the United Nations Eco- nomic Commission for Europe.
Wherefore, the undersigned High Representatives of the participating States, mindful of the high political significance which they attach to the results of the Conference, and declaring their deter- mination to act in accordance with the provisions contained in the above texts, have subscribed their signatures below (…)
25 Concluding Document of the Madrid Meeting (Second Follow-up Meeting to the Helsinki Conference)
Madrid 1983
Questions relating to Security in Europe
The participating States express their determination • to exert new efforts to make detente an effective, as well as continuing. increasingly viable and comprehensive process, universal in scope, as undertaken under the Final Act; • to seek solutions to outstanding problems through peaceful means; • to fulfil consistently all the provisions under the Final Act and, in particular, strictly and unre- servedly to respect and put into practice all the ten principles contained in the Declaration on Principles Guiding Relations between Participating States, irrespective of their political, eco- nomic or social systems, as well as of their size, geographical location or level of economic devel- opment, including their commitment to conduct their relations with all other States in the spirit of these principles; • to develop relations of mutual co-operation, friendship and confidence, refraining from any action which, being contrary to the Final Act, might impair such relations; • to encourage genuine efforts to implement the Final Act; • to exert genuine efforts towards containing an increasing arms build-up as well as towards strengthening confidence and security and promoting disarmament.
Principles
They reaffirm their determination fully to respect and apply these principles and accordingly, to promote by all means, both in law and practice, their increased effectiveness.
They consider that one such means could be to give legislative expression – in forms appropriate to practices and procedures specific to each country – to the ten principles set forth in the Final Act.
They recognize it as important that treaties and agreements concluded by participating States reflect and be consonant with the relevant principles and, where appropriate, refer to them.
The participating States reaffirm the need that refraining from the threat or use of force, as a norm of international life, should be strictly and effectively observed. To this end they stress their duty, under the relevant provisions of the Final Act, to act accordingly.
The participating States condemn terrorism, including terrorism in international relations, as endan- gering or taking innocent human lives or otherwise jeopardizing human rights and fundamental
26 Madrid 1983
freedoms and emphasize the necessity to take resolute measures to combat it. They express their determination to take effective measures for the prevention and suppression of acts of terrorism, both at the national level and through international co-operation including appropriate bilateral and multilateral agreements, and accordingly to broaden and reinforce mutual co-operation to combat such acts. They agree to do so in conformity with the Charter of the United Nations, the United Nations Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States and the Helsinki Final Act.
In the context of the combat against acts of terrorism, they will take all appropriate measures in preventing their respective territories from being used for the preparation, organization or com- mission of terrorist activities, including those directed against other participating States and their citizens. This also includes measures to prohibit on their territories illegal activities of persons, groups and organizations that instigate, organize or engage in the perpetration of acts of terrorism.
The participating States confirm that they will refrain from direct or indirect assistance to terrorist activities or to subversive or other activities directed towards the violent overthrow of the regime of another participating State. Accordingly, they will refrain, inter alia, from financing, encour- aging, fomenting or tolerating any such activities.
They express their determination to do their utmost to assure necessary security to all official rep- resentatives and persons who participate on their territories in activities within the scope of dip- lomatic, consular or other official relations.
They emphasize that all the participating States recognize in the Final Act the universal signifi- cance of human rights and fundamental freedoms, respect for which is an essential factor for the peace, justice and well-being necessary to ensure the development of friendly relations and co-op- eration among themselves, as among all States.
The participating States stress their determination to promote and encourage the effective exer- cise of human rights and fundamental freedoms, all of which derive from the inherent dignity of the human person and are essential for his free and full, development, and to assure constant and tangible progress in accordance with the Final Act, aiming at further and steady development in this field in all participating States, irrespective of their political, economic and social systems.
They similarly stress their determination to develop their laws and regulations in the field of civil, political, economic, social, cultural and other human rights and fundamental freedoms; they also emphasize their determination to ensure the effective exercise of these rights and freedoms.
They recall the right of the individual to know and act upon his rights and duties in the field of human rights and fundamental freedoms, as embodied in the Final Act, and will take the neces- sary action in their respective countries to effectively ensure this right.
The participating States reaffirm that they will recognize, respect and furthermore agree to take the action necessary to ensure the freedom of the individual to profess and practise, alone or in com- munity with others, religion or belief acting in accordance with the dictates of his own conscience.
In this context, they will consult, whenever necessary, the religious faiths, institutions and organ- izations, which act within the constitutional framework of their respective countries.
27 Madrid 1983
They will favourably consider applications by religious communities of believers practising or pre- pared to practise their faith within the constitutional framework of their States, to be granted the status provided for in their respective countries for religious faiths, institutions and organizations.
They stress also the importance of constant progress in ensuring the respect for and actual enjoy- ment of the rights of persons belonging to national minorities as well as protecting their legitimate interests as provided for in the Final Act.
They stress the importance of ensuring equal rights of men and women; accordingly, they agree to take all actions necessary to promote equally effective participation of men and women in politi- cal, economic, social and cultural life.
The participating States will ensure the right of workers freely to establish and join trade unions, the right of trade unions freely to exercise their activities and other rights as laid down in rele- vant international instruments. They note that these rights will be exercised in compliance with the law of the State and in conformity with the State’s obligations under international law. They will encourage, as appropriate, direct contacts and communication among such trade unions and their representatives.
They reaffirm that governments, institutions, organizations and persons have a relevant and pos- itive role to play in contributing toward the achievement of the above-mentioned aims of their co-operation.
They reaffirm the particular significance of the Universal Declaration of Human Rights, the inter- national Covenants on Human Rights and other relevant international instruments of their joint and separate efforts to stimulate and develop universal respect for human rights and fundamen- tal freedoms; they call on all participating States to act in conformity with those international instruments and on those participating States, which have not yet done so, to consider the possi- bility of acceding to the covenants.
They agree to give favourable consideration to the use of bilateral round-table meetings, held on a voluntary basis, between delegations composed by each participating State to discuss issues of human rights and fundamental freedoms in accordance with an agreed agenda in a spirit of mutual respect with a view to achieving greater understanding and co-operation based on the provisions of the Final Act.
They decide to convene a meeting of experts of the participating States on questions concern- ing respect, in their States, for human rights and fundamental freedoms, in all their aspects, as embodied in the Final Act. (…)
Co-operation in the Field of Economics, of Science and Technology and of the Environment (…)
In the context of the provisions of the Final Act concerning migrant labour in Europe,
the participating States note that recent developments in the world economy have affected the sit- uation of migrant workers. In this connection, the participating States express their wish that host
28 Madrid 1983
countries and countries of origin, guided by a spirit of mutual interest and co-operation, inten- sify their contacts with a view to improving further the general situation of migrant workers and their families, inter alia the protection of their human rights including their economic, social and cultural rights while taking particularly into account the special problems of second generation migrants. They will also endeavour to provide or promote, where reasonable demand exists, ade- quate teaching of the language and culture of the countries of origin.
The participating States recommend that, among other measures for facilitating the social and eco- nomic reintegration of returning migrant labour, the payment of pensions as acquired or established under the social security system to which such workers have been admitted in the host country should be ensured by appropriate legislative means or reciprocal agreements (…)
Co-operation in Humanitarian and other Fields
The participating States,
Recalling the introductory sections of the Chapter on Co-operation in Humanitarian and other Fields of the Final Act including those concerning the development of mutual understanding between them and detente and those concerning progress in cultural and educational exchanges, broader dissemination of information, contacts between people and the solution of humanitar- ian problems,
Resolving to pursue and expand co-operation in these fields and to achieve a fuller utilization of the possibilities offered by the Final Act,
Agree now to implement the following:
Human Contacts
The participating States will favourably deal with applications relating to contacts and regular meetings on the basis of family ties, reunification of families and marriage between citizens of different States and will decide upon them in the same spirit.
They will decide upon these applications in emergency cases for family meetings as expeditiously as possible, for family reunification and for marriage between citizens of different States in normal practice within six months and for other family meetings within gradually decreasing time limits.
They confirm that the presentation or renewal of applications in these cases will not modify the rights and obligations of the applicants or of members of their families concerning inter alia employment, housing, residence status, family support, access to social, economic or educational benefits, as well as any other rights and obligations flowing from the laws and regulations of the respective participating State.
The participating States will provide the necessary information on the procedures to be followed by the applicants in these cases and on the regulations to be observed, as well as, upon the appli- cant’s request, provide the relevant forms.
They will, where necessary, gradually reduce fees charged in connection with these applications, including those for visas and passports, in order to bring them to a moderate level in relation to the average monthly income in the respective participating State.
29 Madrid 1983
Applicants will be informed as expeditiously as possible of the decision that has been reached. In case of refusal applicants will also be informed of their right to renew applications after reason- ably short intervals.
The participating States reaffirm their commitment fully to implement the provisions regarding diplomatic and other official missions and consular posts of other participating States contained in relevant multilateral or bilateral conventions, and to facilitate the normal functioning of those missions. Access by visitors to these missions will be assured with due regard to the necessary requirements of security of these missions.
They also reaffirm their willingness to take, within their competence, reasonable steps, includ- ing necessary security measures, when appropriate, to ensure satisfactory conditions for activi- ties within the framework of mutual co-operation on their territory, such as sporting and cultural events, in which citizens of other participating States take part.
The participating States will endeavour, where appropriate, to improve the conditions relating to legal, consular and medical assistance for citizens of other participating States temporarily on their territory for personal or professional reasons, taking due account of relevant multilateral or bilateral conventions or agreements.
They will further implement the relevant provisions of the Final Act, so that religious faiths, insti- tutions, organizations and their representatives can, in the field of their activity, develop contacts and meetings among themselves and exchange information.
The participating States will encourage contacts and exchanges among young people and foster the broadening of co-operation among their youth organizations. They will favour the holding among young people and youth organizations of educational, cultural and other comparable events and activities. They will also favour the study of problems relating to the younger generation. The par- ticipating States will further the development of individual or collective youth tourism, when nec- essary on the basis of arrangements, inter alia by encouraging the granting of suitable facilities by the transport authorities and tourist organizations of the participating States or such facilities as those offered by the railway authorities participating in the “Inter-Rail” system.
Information
The participating States will further encourage the freer and wider dissemination of printed mat- ter, periodical and non-periodical, imported from other participating States, as well as an increase in the number of places where these publications are on public sale. These publications win also be accessible in reading rooms in large public libraries and similar institutions.
In particular, to facilitate the improvement of dissemination of printed information, the partici- pating States will encourage contacts and negotiations between their competent firms and organ- izations with a view to concluding long-term agreements and contracts designed to increase the quantities and number of titles of newspapers and other publications imported from other partic- ipating States. They consider it desirable that the retail prices of foreign publications are not exces- sive in relation to prices in their country of origin.
They confirm their intention, according to the relevant provisions of the Final Act, to further extend the possibilities for the public to take out subscriptions.
30 Madrid 1983
They will favour the further expansion of co-operation among mass media and their represent- atives, especially between the editorial staffs of press agencies, newspapers, radio and television organizations as well as film companies. They will encourage a more regular exchange of news, articles, supplements and broadcasts as well as the exchange of editorial staff for better knowledge of respective practices. On the basis of reciprocity, they will improve the material and technical facilities provided for permanently or temporarily accredited television and radio reporters. More- over, they will facilitate direct contacts among journalists as well as contacts within the frame- work of professional organizations.
They will decide without undue delay upon visa applications from journalists and reexamine within a reasonable time frame applications which have been refused. Moreover, journalists wishing to travel for personal reasons and not for the purpose of reporting shall enjoy the same treatment as other visitors from their country of origin.
They will grant permanent correspondents and members of their families living with them mul- tiple entry and exit visas valid for one year.
The participating States will examine the possibility of granting, where necessary on the basis of bilateral arrangements, accreditation and related facilities to journalists from other participating States who are permanently accredited in third countries.
They will facilitate travel by journalists from other participating States within their territories, inter alia by taking concrete measures where necessary, to afford them opportunities to travel more extensively, with the exception of areas closed for security reasons. They will inform journalists in advance, whenever possible, if new areas are closed for security reasons.
They will further increase the possibilities and, when necessary, improve the conditions for jour- nalists from other participating States to establish and maintain personal contacts and commu- nication with their sources.
They will, as a rule, authorize radio and television journalists, at their request, to be accompanied by their own sound and film technicians and to use their own equipment.
Similarly, journalists may carry with them reference material, including personal notes and files, to be used strictly for their professional purposes.* (…)
The participating States will, where necessary, facilitate the establishment and operation, in their capitals, of press centres or institutions performing the same functions, open to the national and foreign press with suitable working facilities for the latter.
They will also consider further ways and means to assist journalists from other participating States and thus to enable them to resolve practical problems they may encounter.
* In this context it is understood that import of printed matter may be subject to local regulations which will be applied with due regard to the journalists’ need for adequate working material.
31 Madrid 1983
Co-operation and Exchanges in the Field of Culture
They will endeavour, by taking appropriate steps, to make the relevant information concerning pos- sibilities offered by bilateral cultural agreements and programmes available to interested persons, institutions and non-governmental organizations, thus facilitating their effective implementation.
The participating States will further encourage wider dissemination of and access to books, films and other forms and means of cultural expression from other participating States, to this end improving by appropriate means, on bilateral and multilateral bases, the conditions for interna- tional commercial and non-commercial exchange of their cultural goods, inter alia by gradually lowering customs duties on these items.
The participating States will endeavour to encourage the translation, publication and dissemina- tion of works in the sphere of literature and other fields of cultural activity from other participat- ing States, especially those produced in less widely spoken languages, by facilitating co-operation between publishing houses, in particular through the exchange of lists of books which might be translated as well as of other relevant information.
They will contribute to the development of contacts, co-operation and joint projects among the participating States regarding the protection, preservation and recording of historical heritage and monuments and the relationship between man, environment and this heritage; they express their interest in the possibility of convening an intergovernmental conference on these matters within the framework of UNESCO.
The participating States will encourage their radio and television organizations to continue devel- oping the presentation of the cultural and artistic achievements of other participating States on the basis of bilateral and multilateral arrangements between these organizations, providing inter alia for exchanges of information on productions, for the broadcasting of shows and programmes from other participating States, for co-productions, for the invitation of guest conductors and directors, as well as for the provision of mutual assistance to cultural film teams. (…)
Co-operation and Exchanges in the Field of Education
The participating States will promote the establishment of governmental and non-governmental arrangements and agreements in education and science, to be carried out with the participation of educational or other competent institutions.
The participating States will contribute to the further improvement of exchanges of students, teach- ers and scholars and their access to each other’s educational, cultural and scientific institutions, and also their access to open information material in accordance with the laws and regulations prevailing in each country. In this context, they will facilitate travel by scholars, teachers and stu- dents within the receiving State, the establishment by them of contacts with their colleagues, and will also encourage libraries, higher education establishments and similar institutions in their ter- ritories to make catalogues and lists of open archival material available to scholars, teachers and students from other participating States.
They will encourage a more regular exchange of information about scientific training programmes, courses and seminars for young scientists and facilitate a wider participation in these activities of young scientists from different participating States. They will call upon the appropriate national
32 Madrid 1983
and international organizations and institutions to give support, where appropriate, to the reali- zation of these training activities. (…)
The participating States will favour widening the possibilities of teaching and studying less widely spread or studied European languages. They will, to this end, stimulate, within their competence, the organization of and attendance at summer university and other courses, the granting of schol- arships for translators and the reinforcement of linguistic faculties including, in case of need, the provision of new facilities for studying these languages.
The participating States express their readiness to intensify the exchange, among them and within competent international organizations, of teaching materials, school textbooks, maps, bibliogra- phies and other educational material, in order to promote better mutual knowledge and facilitate a fuller presentation of their respective countries.
33 Document of the Stockholm Conference on Confidence‑ and Security-Building Measures and Disarmament in Europe Stockholm 1986
(…)
Refraining from the threat or use of force (…)
(18) The participating States stress their commitment to the Final Act and the need for full imple- mentation of all its provisions, which will further the process of improving security and develop- ing co-operation in Europe, thereby contributing to international peace and security in the world as a whole.
(19) They emphasize their commitment to all the principles of the Declaration on Principles Guid- ing Relations between Participating States and declare their determination to respect and put them into practice irrespective of their political, economic or social systems as well as of their size, geo- graphical location or level of economic development.
(20) All these ten principles are of primary significance and, accordingly, they will be equally and unreservedly applied, each of them being interpreted taking into account the others.
(21) Respect for and the application of these principles will enhance the development of friendly relations and co-operation among the participating States in all fields covered by the provisions of the Final Act.
(22) They reconfirm their commitment to the basic principle of the sovereign equality of States and stress that all States have equal rights and duties within the framework of international law.
(23) They reaffirm the universal significance of human rights and fundamental freedoms. Respect for and the effective exercise of these rights and freedoms are essential factors for international peace, justice and security, as well as for the development of friendly relations and co-operation among themselves as among all States, as set forth in the Declaration on Principles Guiding Rela- tions between Participating States.
(24) They reaffirm that, in the broader context of world security, security in Europe is closely linked with security in the Mediterranean area as a whole; in this context, they confirm their intention to develop good neighbourly relations with all States in the region, with due regard to reciprocity, and in the spirit of the principles contained in the Declaration on Principles Guiding Relations between Participating States. so as to promote confidence and security and make peace prevail in the region in accordance with the provisions contained in the Mediterranean chapter of the Final Act.
34 Stockholm 1986
(25) They emphasize the necessity to take resolute measures to prevent and to combat terrorism, including terrorism in international relations. They express their determination to take effective measures, both at the national level and through international cooperation, for the prevention and suppression of all acts of terrorism. They will take all appropriate measures in preventing their respective territories from being used for the preparation, organization or commission of terror- ist activities. This also includes measures to prohibit on their territories illegal activities, including subversive activities, of persons, groups and organizations that instigate, organize or engage in the perpetration of acts of terrorism, including those directed against other States and their citizens.
35 Concluding Document of the Vienna Meeting (Third Follow-up Meeting to the Helsinki Conference)
Vienna 1989
(…)
Questions relating to Security in Europe
The participating States express their determination • to build on the current positive developments in their relations in order to make detente a via- ble, comprehensive and genuine process, universal in scope; • to assume their responsibility fully to implement the commitments contained in the Final Act and other CSCE documents; • to intensify their efforts to seek solutions to problems burdening their relations and to strengthen safeguards for international peace and security; • to promote co-operation and dialogue among them, to ensure the effective exercise of human rights and fundamental freedoms and to facilitate contacts and communication between people; • to exert new efforts to make further progress to strengthen confidence and security and to pro- mote disarmament.
Principles
(1) The participating States reaffirm their commitment to all ten principles of the Final Act’s Dec- laration on Principles Guiding Relations between participating States and their determination to respect them and put them into practice. The participating States reaffirm that all these princi- ples are of primary significance and, accordingly, will be equally and unreservedly applied, each of them being interpreted taking into account the others.
(2) They stress that respect for and full application of these principles as well as strict compliance with all CSCE commitments deriving from them are of great political importance and essential for building confidence and security as well as for the development of their friendly relations and of their co-operation in all fields.
(3) In this context, they confirm that they will respect each other’s right freely to choose and develop their political, social, economic and cultural systems as well as their right to determine their laws, regulations, practices and policies. In exercising these rights, they will ensure that their laws, regula- tions, practices and policies conform with their obligations under international law and are brought into harmony with the provisions of the Declaration on Principles and other CSCE commitments.
36 Vienna 1989
(4) They also confirm that, by virtue of the principle of equal rights and self-determination of peo- ples and in conformity with the relevant provisions of the Final Act, all peoples always have the right, in full freedom, to determine, when and as they wish, their internal and external political status, without external interference, and to pursue as they wish their political, economic, social and cultural development. (…)
(8) The participating States unreservedly condemn, as criminal, all acts, methods and practices of terrorism, wherever and by whomever committed, including those which jeopardize friendly relations among States and their security, and agree that terrorism cannot be justified under any circumstances.
(9) They express their determination to work for the eradication of terrorism both bilaterally and through multilateral co-operation, particularly in such international fora as the United Nations, the International Civil Aviation Organization and the International Maritime Organization and in accordance with the relevant provisions of the Final Act and the Madrid Concluding Document.
(10) Convinced of the need to combine measures at a national level with reinforced international co-operation, the participating States express their intention (10.1) – to pursue a policy of firmness in response to terrorist demands; (10.2) – to reinforce and develop bilateral and multilateral co-operation among themselves in order to prevent and combat terrorism as well as to increase efficiency in existing co-operation at the bilateral level or in the framework of groups of States including, as appropriate, through the exchange of information; (10.3.) – to prevent on their territories illegal activities of persons, groups or organizations that instigate, organize or engage in the perpetration of acts of terrorism or subversive or other activi- ties directed towards the violent overthrow of the regime of another participating State; (10.4) – to take effective measures for the prevention and suppression of acts of terrorism directed at diplomatic or consular representatives and against terrorism involving violations of the Vienna Conventions on Diplomatic and Consular Relations, in particular their provisions relating to dip- lomatic and consular privileges and immunities; (10.5) – to ensure the extradition or prosecution of persons implicated in terrorist acts and to co-operate closely in cases of conflict of jurisdiction where several States are concerned, acting in both respects in accordance with the relevant international agreements; (10.6) – to consider becoming parties, if they have not yet done so, to the relevant international conventions relating to the suppression of acts of terrorism; (10.7) – to continue to work in the appropriate international bodies in order to improve and extend measures against terrorism and to ensure that the relevant agreements are accepted and acted upon by as many States as possible.
(11) They confirm that they will respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, lan- guage or religion. They also confirm the universal significance of human rights and fundamental freedoms, respect for which is an essential factor for the peace, justice and security necessary to ensure the development of friendly relations and cooperation among themselves, as among all States.
(12) They express their determination to guarantee the effective exercise of human rights and fun- damental freedoms, all of which derive from the inherent dignity of the human person and are
37 Vienna 1989
essential for his free and full development. They recognize that civil, political, economic, social, cultural and other rights and freedoms are all of paramount importance and must be fully real- ized by all appropriate means.
(13) In this context they will (13.1) – develop their laws, regulations and policies in the field of civil, political, economic, social, cultural and other human rights and fundamental freedoms and put them into practice in order to guarantee the effective exercise of these rights and freedoms; (13.2) – consider acceding to the International Covenant on Civil and Political Rights, the Interna- tional Covenant on Economic, Social and Cultural Rights, the Optional Protocol to the Covenant on Civil and Political Rights and other relevant international instruments, if they have not yet done so; (13.3) – publish and disseminate the text of the Final Act, of the Madrid Concluding Document and of the present Document as well as those of any relevant international instruments in the field of human rights, in order to ensure the availability of these documents in their entirety, to make them known as widely as possible and to render them accessible to all individuals in their coun- tries, in particular through public library systems; (13.4) – effectively ensure the right of the individual to know and act upon his rights and duties in this field, and to that end publish and make accessible all laws, regulations and procedures relat- ing to human rights and fundamental freedoms; (13.5) – respect the right of their citizens to contribute actively, individually or in association with others, to the promotion and protection of human rights and fundamental freedoms; (13.6) – encourage in schools and other educational institutions consideration of the promotion and protection of human rights and fundamental freedoms; (13.7) – ensure human rights and fundamental freedoms to everyone within their territory and subject to their jurisdiction, without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status; (13.8) – ensure that no individual exercising, expressing the intention to exercise or seeking to exercise these rights and freedoms or any member of his family, will as a consequence be discrim- inated against in any manner; (13.9) – ensure that effective remedies as well as full information about them are available to those who claim that their human rights and fundamental freedoms have been violated; they will, inter alia, effectively apply the following remedies: • the right of the individual to appeal to executive, legislative, judicial or administrative organs; • the right to a fair and public hearing within a reasonable time before an independent and impar- tial tribunal, including the right to present legal arguments and to be represented by legal coun- sel of one’s choice; • the right to be promptly and officially informed of the decision taken on any appeal, includ- ing the legal grounds on which this decision was based. This information will be provided as a rule in writing and, in any event, in a way that will enable the individual to make effective use of further available remedies.
(14) The participating States recognize that the promotion of economic, social, cultural rights as well as of civil and political rights is of paramount importance for human dignity and for the attain- ment of the legitimate aspirations of every individual. They will therefore continue their efforts with a view to achieving progressively the full realization of economic, social and cultural rights by all appropriate means, including in particular by the adoption of legislative measures. In this
38 Vienna 1989
context they will pay special attention to problems in the areas of employment, housing, social security, health, education and culture.
They will promote constant progress in the realization of all rights and freedoms within their countries, as well as in the development of relations among themselves and with other States, so that everyone actually enjoys to the full his economic, social and cultural rights as well as his civil and political rights.
(15) The participating States confirm their determination to ensure equal rights of men and women. Accordingly, they will take all measures necessary, including legislative measures, to promote equally effective participation of men and women in political, economic, social and cultural life. They will consider the possibility of acceding to the Convention on the Elimination of All Forms of Discrimination Against Women, if they have not yet done so.
(16) In order to ensure the freedom of the individual to profess and practise religion or belief, the participating States will, inter alia, (16.1) – take effective measures to prevent and eliminate discrimination against individuals or com- munities on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, political, economic, social and cultural life, and to ensure the effective equality between believers and non-believers; (16.2) – foster a climate of mutual tolerance and respect between believers of different communi- ties as well as between believers and non-believers; (16.3) – grant upon their request to communities of believers, practising or prepared to practise their faith within the constitutional framework of their States, recognition of the status provided for them in their respective countries; (16.4) – respect the right of these religious communities to • establish and maintain freely accessible places of worship or assembly, • organize themselves according to their own hierarchical and institutional structure, • select, appoint and replace their personnel in accordance with their respective requirements and standards as well as with any freely accepted arrangement between them and their State, • solicit and receive voluntary financial and other contributions; (16.5) – engage in consultations with religious faiths, institutions and organizations in order to achieve a better understanding of the requirements of religious freedom; (16.6) – respect the right of everyone to give and receive religious education in the language of his choice, whether individually or in association with others; (16.7) – in this context respect, inter alia, the liberty of parents to ensure the religious and moral education of their children in conformity with their own convictions; (16.8) – allow the training of religious personnel in appropriate institutions; (16.9) – respect the right of individual believers and communities of believers to acquire, possess, and use sacred books, religious publications in the language of their choice and other articles and materials related to the practice of religion or belief, (16.10) – allow religious faiths, institutions and organizations to produce, import and disseminate religious publications and materials; (16.11) – favourably consider the interest of religious communities to participate in public dialogue, including through the mass media.
39 Vienna 1989
(17) The participating States recognize that the exercise of the above-mentioned rights relating to the freedom of religion or belief may be subject only to such limitations as are provided by law and consistent with their obligations under international law and with their international commit- ments. They will ensure in their laws and regulations and in their application the full and effective exercise of the freedom of thought, conscience, religion or belief.
(18) The participating States will exert sustained efforts to implement the provisions of the Final Act and of the Madrid Concluding Document pertaining to national minorities. They will take all the necessary legislative, administrative, judicial and other measures and apply the relevant inter- national instruments by which they may be bound, to ensure the protection of human rights and fundamental freedoms of persons belonging to national minorities within their territory. They will refrain from any discrimination against such persons and will contribute to the realization of their legitimate interests and aspirations in the field of human rights and fundamental freedoms.
(19) They will protect and create conditions for the promotion of the ethnic, cultural, linguis- tic and religious identity of national minorities on their territory. They will respect the free exer- cise of rights by persons belonging to such minorities and ensure their full equality with others.
(20) The participating States win respect fully the right of everyone • to freedom of movement and residence within the borders of each State, and • to leave any country, including his own, and to return to his country.
(21) The participating States will ensure that the exercise of the above-mentioned rights will not be subject to any restrictions except those which are provided by law and are consistent with their obligations under international law, in particular the International Covenant on Civil and Politi- cal Rights, and with their international commitments, in particular the Universal Declaration of Human Rights. These restrictions have the character of exceptions. The participating States will ensure that these restrictions are not abused and are not applied in an arbitrary manner, but in such a way that the effective exercise of these rights is ensured.
(22) In this context they will allow all refugees who so desire to return in safety to their homes.
(23) The participating States will (23.1) – ensure that no one will be subjected to arbitrary arrest, detention or exile; (23.2) – ensure that all individuals in detention or incarceration will be treated with humanity and with respect for the inherent dignity of the human person; (23.3) – observe the United Nations Standard Minimum Rules for the Treatment of Prisoners as well as the United Nations Code of Conduct for Law Enforcement Officials; (23.4) – prohibit torture and other cruel, inhuman or degrading treatment or punishment and take effective legislative, administrative, judicial and other measures to prevent and punish such practices; (23.5) – consider acceding to the Convention against Torture and other Cruel, inhuman or Degrad- ing Treatment or Punishment, if they have not yet done so; (23.6) – protect individuals from any psychiatric or other medical practices that violate human rights and fundamental freedoms and take effective measures to prevent and punish such practices.
(24) With regard to the question of capital punishment, the participating States note that capital punishment has been abolished in a number of them. In participating States where capital punish- ment has not been abolished, sentence of death may be imposed only for the most serious crimes
40 Vienna 1989
in accordance with the law in force at the time of the commission of the crime and not contrary to their international commitments. This question will be kept under consideration. In this context, the participating States will co-operate within relevant international organizations.
(25) With the aim of developing mutual understanding and confidence, promoting friendly and good neighbourly relations, strengthening international peace, security and justice and improv- ing the implementation of their CSCE commitments, the participating States will further develop co-operation and promote dialogue between them in all fields and at all levels on the basis of full equality. They agree that full respect for and application of the principles and the fulfilment of the other CSCE provisions will improve their relations and advance the development of their co-op- eration. They will refrain from any action inconsistent with the provisions of the Final Act and other CSCE documents and recognize that any such action would impair relations between them and hinder the development of co-operation among them.
(26) They confirm that governments, institutions, organizations and persons have a relevant and positive role to play in contributing to the achievement of the aims of their co-operation and to the full realization of the Final Act. To that end they will respect the right of persons to observe and promote the implementation of CSCE provisions and to associate with others for this pur- pose. They will facilitate direct contacts and communication among these persons, organizations and institutions within and between participating States and remove, where they exist, legal and administrative impediments inconsistent with the CSCE provisions. They will also take effective measures to facilitate access to information on the implementation of CSCE provisions and to facilitate the free expression of views on these matters. (…)
Co-operation in the Field of Economics, of Science and Technology and of the Environment (…)
Co-operation in other areas
(40) The participating States emphasize the need for effective implementation of the provisions of the Final Act and the Madrid Concluding Document relating to migrant workers and their fami- lies in Europe. They invite host countries and countries of origin to make efforts to improve further the economic, social, cultural and other conditions of life for migrant workers and their families legally residing in the host countries. They recommend that host countries and countries of origin should promote their bilateral co-operation in relevant fields with a view to facilitating the reinte- gration of migrant workers and their families returning to their country of origin.
(41) The participating States will, in accordance with their relevant commitments undertaken in the Final Act and the Madrid Concluding Document, consider favourably applications for family reunification as well as family contacts and visits involving migrant workers from other partici- pating States legally residing in the host countries.
(42) The participating States will ensure that migrant workers from other participating States, and their families, can freely enjoy and maintain their national culture and have access to the culture of the host country.
41 Vienna 1989
(43) Aiming at ensuring effective equality of opportunity between the children of migrant workers and the children of their own nationals regarding access to all forms and levels of education, the participating States affirm their readiness to take measures needed for the better use and improve- ment of educational opportunities. Furthermore, they will encourage or facilitate, where reasonable demand exists, supplementary teaching in their mother tongue for the children of migrant workers.
(44) The participating States recognize that issues of migrant workers have their human dimension.
(45) The participating States acknowledge that the impact of economic and technological change is being acutely felt in the work place. They underline their readiness to encourage co-operation in the field of vocational training policy through increased exchange of information and experience, with the aim of enhancing the educational standards, professional knowledge, skills and adapt- ability of personnel involved in industry and commerce.
(46) The participating States recognize the importance of facilitating the integration of young peo- ple into professional fife. They will therefore continue their efforts to ensure the necessary condi- tions for the education and vocational training of young people and to promote youth employment opportunities in various sectors of the economy. They will continue their efforts to create con- ditions for developing the level of scientific and cultural knowledge of their citizens, especially young people, and for facilitating their access to achievements in the areas of natural and social sciences, as well as culture. (…)
Co-operation in Humanitarian and other fields
The participating States,
Considering that co-operation in humanitarian and other fields is an essential factor for the devel- opment of their relations,
Agreeing that their co-operation in these fields should take place in full respect for the principles guiding relations between participating States as set forth in the Final Act as well as for the provisions in the Madrid Concluding Document and in the present Document pertaining to those principles,
Confirming that, in implementing the provisions concerning co-operation in humanitarian and other fields in the framework of their laws and regulations, they will ensure that those laws and regulations conform with their obligations under international law and are brought into harmony with their CSCE commitments,
Recognizing that the implementation of the relevant provisions of the Final Act and of the Madrid Concluding Document requires continuous and intensified efforts,
Have adopted and will implement the following:
Human Contacts
(1) In implementing the human contacts provisions of the Final Act, the Madrid Concluding Doc- ument and the present Document, they will fully respect their obligations under international law as referred to in the subchapter of the present Document devoted to principles, in particular that
42 Vienna 1989
everyone shall be free to leave any country, including his own, and to return to his country, as well as their international commitments in this field.
(2) They will ensure that their policies concerning entry into their territories are fully consistent with the aims set out in the relevant provisions of the Final Act, the Madrid Concluding Docu- ment and the present Document.
(3) They will take the necessary steps to find solutions as expeditiously as possible, but in any case within six months, to all applications based on the human contacts provisions of the Final Act and the Madrid Concluding Document, outstanding at the conclusion of the Vienna Follow-up Meeting.
(4) Thereafter they will conduct regular reviews in order to ensure that all applications based on the human contacts provisions of the Final Act and of the other aforementioned CSCE documents are being dealt with in a manner consistent with those provisions.
(5) They will decide upon applications relating to family meetings in accordance with the Final Act and the other aforementioned CSCE documents in as short a time as possible and in normal practice within one month.
(6) In the same manner they will decide upon applications relating to family reunification or mar- riage between citizens of different States, in normal practice within three months.
(7) In dealing favourably with applications relating to family meetings, they will take due account of the wishes of the applicant, in particular on the timing and sufficiently long duration of such meetings, and on travelling together with other members of his family for joint family meetings.
(8) In dealing favourably with applications relating to family meetings, they will also allow visits to and from more distant relatives.
(9) In dealing favourably with applications relating to family reunification or marriage between citizens of different States, they will respect the wishes of the applicants on the country of desti- nation ready to accept them.
(10) They will pay particular attention to the solution of problems involving the reunification of minor children with their parents. In this context and on the basis of the relevant provisions of the Final Act and of the other aforementioned CSCE documents, they will ensure • that an application for this purpose submitted while the child is a minor will be dealt with favour- ably and expeditiously in order to effect the reunification without delay, and • that adequate arrangements are made to protect the interests and welfare of the children con- cerned.
(11) They will consider the scope for gradually reducing and eventually eliminating any require- ment which might exist for travellers to obtain local currency in excess of actual expenditure, giving priority to persons travelling for the purpose of family meetings. They will accord such per- sons the opportunity in practice to bring in or to take out with them personal possessions or gifts.
(12) They will pay immediate attention to applications for travel of an urgent humanitarian nature and deal with them favourably as follows:
43 Vienna 1989
• They will decide within three working days upon applications relating to visits to a seriously ill or dying family member, travel to attend the funeral of a family member or travel by those who have a proven need of urgent medical treatment or who can be shown to be critically or terminally ill. • They will decide as expeditiously as possible upon applications relating to travel by those who are seriously ill or by the elderly, and other travel of an urgent humanitarian nature. • They will intensify efforts by their local, regional and central authorities concerned with the implementation of the above, and ensure that charges for giving priority treatment to such appli- cations do not exceed costs actually incurred.
(13) In dealing with applications for travel for family meetings, family reunification or marriage between citizens of different States, they win ensure that acts or omissions by members of the applicant’s family do not adversely affect the rights of the applicant as set forth in the relevant international instruments.
(14) They will ensure that all documents necessary for applications based on the human contacts provisions of the Final Act and of the other aforementioned CSCE documents are easily accessi- ble to the applicant. The documents will remain valid throughout the application procedure In the event of a renewed application the documents already submitted by the applicant in connec- tion with previous applications will be taken into consideration.
(15) They will simplify practices and gradually reduce administrative requirements for applica- tions based on the human contacts provisions of the Final Act and of the other aforementioned CSCE documents.
(16) They will ensure that, when applications based on the human contacts provisions of the Final Act and of the other aforementioned CSCE documents are refused for reasons specified in the relevant international instruments, the applicant is promptly provided in writing with an official notification of the grounds on which the decision was based. As a rule and in all cases where the applicant so requests, he will be given the necessary information about the procedure for mak- ing use of any effective administrative or judicial remedies against the decision available to him as envisaged in the above-mentioned international instruments. In cases where exit for perma- nent settlement abroad is involved, this information will be provided as part of the official noti- fication foreseen above.
(17) If in this context an individual’s application for travel abroad has been refused for reasons of national security, they will ensure that, within strictly warranted time limits, any restriction on that individual’s travel is as short as possible and is not applied in an arbitrary manner. They will also ensure that the applicant can have the refusal reviewed within six months and, should the need arise, at regular intervals thereafter so that any changes in the circumstances surrounding the refusal, such as time elapsed since the applicant was last engaged in work or duties involving national security, are taken into account. Before individuals take up such work or duties they will be formally notified if and how this could affect applications they might submit for such travel.
(18) Within one year of the conclusion of the Vienna Follow-up Meeting they win publish and make easily accessible, where this has not already been done, an their laws and statutory regulations con- cerning movement by individuals within their territory and travel between States.
(19) In dealing favourably with applications based on the human contacts provisions of the Final Act and of the other aforementioned CSCE documents, they will ensure that these are dealt with
44 Vienna 1989
in good time in order, inter alia, to take due account of important family, personal or professional considerations significant for the applicant.
(20) They will deal favourably with applications for travel abroad without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, age or other status. They will ensure that any refusal does not affect applications submitted by other persons.
(21) They will further facilitate travel on an individual or collective basis for personal or profes- sional reasons and for tourism, such as travel by delegations, groups and individuals. To this end they will reduce the time for the consideration of applications for such travel to a minimum.
(22) They will give serious consideration to proposals for concluding agreements on the issuing of multiple entry visas and the reciprocal easing of visa processing formalities, and consider possibil- ities for the reciprocal abolition of entry visas on the basis of agreements between them.
(23) They will consider adhering to the relevant multilateral instruments as well as concluding complementary or other bilateral agreements, if necessary, in order to improve arrangements for ensuring effective consular, legal and medical assistance for citizens of other participating States temporarily on their territory.
(24) They will take any necessary measures to ensure that citizens of other participating States temporarily on their territory for personal or professional reasons, inter alia for the purpose of participating in cultural, scientific and educational activities, are afforded appropriate personal safety, where this is not already the case.
(25) They will facilitate and encourage the establishment and maintenance of direct personal con- tacts between their citizens as well as between representatives of their institutions and organiza- tions through travel between States and other means of communication.
(26) They will facilitate such contacts and co-operation among their peoples through such meas- ures as direct sports exchanges on a local and regional level, the unimpeded establishment and implementation of town-twinning arrangements, as well as student and teacher exchanges.
(27) They will encourage the further development of direct contacts between young people, as well as between governmental and non-governmental youth and student organizations and institutions; the conclusion between such organizations and institutions of bilateral and multilateral arrange- ments and programmes; and the holding on a bilateral and multilateral basis of educational, cul- tural and other events and activities by and for young people.
(28) They will make further efforts to facilitate travel and tourism by young people, inter alia by recommending to those of their railway authorities which are members of the International Union of Railways (UIC) that they expand the Inter-Rail system to cover all their European networks and by recommending to those of their railway authorities which are not members of the UIC that they consider establishing similar facilities.
(29) In accordance with the Universal Postal Convention and the International Telecommunica- tion Convention, they will • guarantee the freedom of transit of postal communication; • ensure the rapid and unhindered delivery of correspondence, including personal mail and parcels;
45 Vienna 1989
• respect the privacy and integrity of postal and telephone communications; and • ensure the conditions necessary for rapid and uninterrupted telephone calls, including the use of international direct dialling systems, where they exist, and their development.
(30) They will encourage direct personal contacts between the citizens of their States, inter alia by facilitating individual travel within their countries and by allowing foreigners to meet their citi- zens as well as, when invited to do so, to stay in private homes.
(31) They will ensure that the status of persons belonging to national minorities or regional cul- tures on their territories is equal to that of other citizens with regard to human contacts under the Final Act and the other aforementioned CSCE documents and that these persons can establish and maintain such contacts through travel and other means of communication, including contacts with citizens of other States with whom they share a common national origin or cultural heritage.
(32) They will allow believers, religious faiths and their representatives, in groups or on an indi- vidual basis, to establish and maintain direct personal contacts and communication with each other, in their own and other countries, inter alia through travel, pilgrimages and participation in assemblies and other religious events. In this context and commensurate with such contacts and events, those concerned will be allowed to acquire, receive and carry with them religious publica- tions and objects related to the practice of their religion or belief.
(33) They heard accounts of the Meeting of Experts on Human Contacts held in Bern from 15 April to 26 May 1986. Noting that no conclusions had been agreed upon at the Meeting, they regarded both the frankness of the discussion and the greater degree of openness in the exchanges as wel- come developments. In this respect they noted the particular importance of the fact that propos- als made at the Meeting had received further consideration at the Vienna Follow-up Meeting.
Information
(34) They will continue efforts to contribute to an ever wider knowledge and understanding of life in their States, thus promoting confidence between peoples.
They will make further efforts to facilitate the freer and wider dissemination of information of all kinds, to encourage co-operation in the field of information and to improve the working condi- tions for journalists.
In this connection and in accordance with the International Covenant on Civil and Political Rights, the Universal Declaration of Human Rights and their relevant international commitments con- cerning seeking, receiving and imparting information of all kinds, they will ensure that individ- uals can freely choose their sources of information.
In this context they will • ensure that radio services operating in accordance with the ITU Radio Regulations can be directly and normally received in their States; and • allow individuals, institutions and organizations, while respecting intellectual property rights, including copyright, to obtain, possess, reproduce and distribute information material of all kinds. To these ends they will remove any restrictions inconsistent with the above-mentioned obliga- tions and commitments.
46 Vienna 1989
(35) They will take every opportunity offered by modern means of communication, including cable and satellites. to increase the freer and wider dissemination of information of all kinds. They will also encourage co-operation and exchanges between their relevant institutions, organizations and technical experts, and work towards the harmonization of technical standards and norms. They will bear in mind the effects of these modem means of communication on their mass media.
(36) They will ensure in practice that official information bulletins can be freely distributed on their territory by the diplomatic and other official missions and consular posts of the other par- ticipating States.
(37) They will encourage radio and television organizations, on the basis of arrangements between them, to broadcast live, especially in the organizing countries, programmes and discussions with participants from different States and to broadcast statements of and interviews with political and other personalities from the participating States.
(38) They will encourage radio and television organizations to report on different aspects of life in other participating States and to increase the number of telebridges between their countries.
(39) Recalling that the legitimate pursuit of journalists’ professional activity will neither render them liable to expulsion nor otherwise penalize them, they will refrain from taking restrictive measures such as withdrawing a journalist’s accreditation or expelling him because of the content of the reporting of the journalist or of his information media.
(40) They will ensure that, in pursuing this activity, journalists, including those representing media from other participating States, are free to seek access to and maintain contacts with public and private sources of information and that their need for professional confidentiality is respected.
(41) They will respect the copyright of journalists.
(42) On the basis of arrangements between them, where necessary, and for the purpose of regu- lar reporting, they will grant accreditation, where it is required, and multiple entry visas to jour- nalists from other participating States, regardless of their domicile. On this basis they will reduce to a maximum of two months the period for issuing both accreditation and multiple entry visas to journalists.
(43) They will facilitate the work of foreign journalists by providing relevant information, on request, on matters of practical concern, such as import regulations, taxation and accommodation.
(44) They will ensure that official press conferences and, as appropriate, other similar official press events are also open to foreign journalists, upon accreditation, where this is required.
(45) They will ensure in practice that persons belonging to national minorities or regional cultures on their territories can disseminate, have access to, and exchange information in their mother tongue. (…)
Co-operation and exchanges in the field of culture
(47) They will promote and give full effect to their cultural co-operation, inter alia through the implementation of any relevant bilateral and multilateral agreements concluded among them in the various fields of culture.
47 Vienna 1989
(48) They will encourage non-governmental organizations interested in the field of culture to par- ticipate, together with State institutions, in the elaboration and implementation of these agree- ments and specific projects, as well as in the elaboration of practical measures concerning cultural exchange and co-operation.
(49) They will favour the establishment, by mutual agreement, of cultural institutes or centres of other participating States on their territory. Unhindered access by the public to such institutes or centres as well as their normal functioning win be assured.
(50) They will assure unhindered access by the public to cultural events organized on their terri- tory by persons or institutions from other participating States and ensure that the organizers can use all means available in the host country to publicize such events.
(51) They will facilitate and encourage direct personal contacts in the field of culture, on both an individual and a collective basis, as well as contacts between cultural institutions, associations of creative and performing artists and other organizations in order to increase the opportunities for their citizens to acquaint themselves directly with the creative work in and from other partici- pating States.
(52) They will ensure the unimpeded circulation of works of art and other cultural objects, sub- ject only to those restrictions which are aimed at preserving their cultural heritage, are based on respect for intellectual and artistic property rights or derive from their international commitments on the circulation of cultural property.
(53) They will encourage co-operation between and joint artistic endeavours of persons from dif- ferent participating States who are engaged in cultural activities; as appropriate, facilitate specific initiatives to this end by such persons, institutions and organizations and encourage the par- ticipation of young people in such initiatives. In this context they will encourage meetings and symposia, exhibitions, festivals and tours by ensembles or companies, and research and training programmes in which persons from the other participating States may also freely take part and make their contribution.
(54) The replacement of persons or groups invited to participate in a cultural activity win be excep- tional and subject to prior agreement by the inviting party.
(55) They will encourage the holding of film weeks including, as appropriate, meetings of artists and experts as well as lectures on cinematographic art; facilitate and encourage direct contacts between film directors and producers with a view to co-producing films; and encourage co-oper- ation in the protection of film material and the exchange of technical information and publica- tions about the cinema.
(56) They will explore the scope for computerizing bibliographies and catalogues of cultural works and productions in a standard form and disseminating them.
(57) They will encourage museums and art galleries to develop direct contacts, inter alia with a view to organizing exhibitions, including loans of works of art, and exchanging catalogues.
(58) They will renew their efforts to give effect to the provisions of the Final Act and the
Madrid Concluding Document relating to less widely spoken languages. They will also encour- age initiatives aimed at increasing the number of translations of literature from and into these
48 Vienna 1989
languages and improving their quality, in particular by the holding of workshops involving trans- lators, authors and publishers, by the publication of dictionaries and, where appropriate, by the exchange of translators through scholarships.
(59) They will ensure that persons belonging to national minorities or regional cultures on their territories can maintain and develop their own culture in all its aspects, including language, liter- ature and religion; and that they can preserve their cultural and historical monuments and objects. (…)
(61) Taking duly into account the originality and diversity of their respective cultures, they will encourage efforts to explore common features and to foster greater awareness of their cultural her- itage. Accordingly they will encourage initiatives which may contribute to a better knowledge of the cultural heritage of the other participating States in all its forms, including regional aspects and folk art. (…)
Co-operation and exchanges in the field of education
(63) They will ensure access by all to the various types and levels of education without discrimi- nation as to race, colour, sex, language, religion, political or other opinion, national or social ori- gin, property, birth or other status.
(64) In order to encourage wider co-operation in science and education, they will facilitate unim- peded communication between universities and other institutions of higher education and research. They will also facilitate direct personal contacts, including contacts through travel, between schol- ars, scientists and other persons active in these fields.
(65) They will also ensure unimpeded access by scholars, teachers and students from the other participating States to open information material available in public archives, libraries, research institutes and similar bodies.
(66) They will facilitate exchanges of schoolchildren between their countries on the basis of bilat- eral arrangements, where necessary, including meeting and staying with families of the host coun- try in their homes, with the aim of acquainting schoolchildren with life, traditions and education in other participating States.
(67) They will encourage their relevant government agencies or educational institutions to include, as appropriate, the Final Act as a whole in the curricula of schools and universities.
(68) They will ensure that persons belonging to national minorities or regional cultures on their territories can give and receive instruction on their own culture, including instruction through parental transmission of language, religion and cultural identity to their children.
(69) They will encourage their radio and television organizations to inform each other of the edu- cational programmes they produce and to consider exchanging such programmes.
(70) They will encourage direct contacts and co-operation between relevant governmental insti- tutions or organizations in the field of education and science.
49 Vienna 1989
(71) They will encourage further co-operation and contacts between specialized institutions and experts in the field of education and rehabilitation of handicapped children.
Human Dimension of the CSCE
The participating States,
Recalling the undertakings entered into in the Final Act and in other CSCE documents concern- ing respect for all human rights and fundamental freedoms, human contacts and other issues of a related humanitarian character,
Recognizing the need to improve the implementation of their CSCE commitments and their co-operation in these areas which are hereafter referred to as the human dimension of the CSCE,
Have, on the basis of the principles and provisions of the Final Act and of other relevant CSCE documents, decided: 1. to exchange information and respond to requests for information and to representations made to them by other participating States on questions relating to the human dimension of the CSCE. Such communications may be forwarded through diplomatic channels or be addressed to any agency designated for these purposes; 2. to hold bilateral meetings with other participating States that so request, in order to examine questions relating to the human dimension of the CSCE, including situations and specific cases, with a view to resolving them. The date and place of such meetings will be arranged by mutual agreement through diplomatic channels; 3. that any participating State which deems it necessary may bring situations and cases in the human dimension of the CSCE, including those which have been raised it the bilateral meetings described in paragraph 2, to the attention of other participating States through diplomatic channels; 4. that any participating State which deems it necessary may provide information on the exchanges of information and the responses to its requests for information and to representations (paragraph 1) and on the results of the bilateral meetings (paragraph 2), including information concerning situations and specific cases, at the meetings of the Conference on the Human Dimension as well as at the main CSCE Follow-up Meeting. (…)
50 Report on the Meeting on the Protection of the Environment Sofia 1989 (adopted Vienna 1990)
(…)
The participating States reaffirm their respect for the right of individuals, groups and organiza- tions concerned with environmental issues to express freely their views, to associate with others, to peacefully assemble, as well as to obtain, publish and distribute information on these issues, without legal and administrative impediments inconsistent with the CSCE provisions. These indi- viduals, groups and organizations have the right to participate in public debates on environmen- tal issues, as well as to establish and maintain direct and independent contacts at national and international level.
51 Document of the Bonn Conference on Economic Co-operation in Europe Bonn 1990
(…) the participating States,
Recognizing the relationship between political pluralism and market economies, and being com- mitted to the principles concerning: • Multiparty democracy based on free, periodic and genuine elections; • The rule of law and equal protection under the law for all, based on respect for human rights and effective, accessible and just legal systems; • Economic activity that accordingly upholds human dignity and is free from forced labour, dis- crimination against workers on grounds of race, sex, language, political opinion or religion, or denial of the rights of workers freely to establish or join independent trade unions,
Will endeavour to achieve or maintain the following: (…) • Policies that promote social justice and improve living and working conditions; (…) • Full recognition and protection of all types of property including private property, and the right of citizens to own and use them, as well as intellectual property rights; • The right to prompt, just and effective compensation in the event private property is taken for public use;
52 Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE Copenhagen 1990
(…)
The participating States welcome with great satisfaction the fundamental political changes that have occurred in Europe since the first Meeting of the Conference on the Human Dimension of the CSCE in Paris in 1989. They note that the CSCE process has contributed significantly to bringing about these changes and that these developments in turn have greatly advanced the implementa- tion of the provisions of the Final Act and other CSCE documents.
They recognize that pluralistic democracy and the rule of law are essential for ensuring respect for all human rights and fundamental freedoms, the development of human contacts and the resolu- tion of other issues of a related humanitarian character. They therefore welcome the commitment expressed by all participating States to the ideals of democracy and political pluralism as well as their common determination to build democratic societies based on free elections and the rule of law.
At the Copenhagen Meeting the participating States held a review of the implementation of their commitments in the field of the human dimension. They considered that the degree of compli- ance with the commitments contained in the relevant provisions of the CSCE documents had shown a fundamental improvement since the Paris Meeting. They also expressed the view, how- ever, that further steps are required for the full realization of their commitments relating to the human dimension.
The participating States express their conviction that full respect for human rights and fundamen- tal freedoms and the development of societies based on pluralistic democracy and the rule of law are prerequisites for progress in setting up the lasting order of peace, security, justice and co-op- eration that they seek to establish in Europe. They therefore reaffirm their commitment to imple- ment fully all provisions of the Final Act and of the other CSCE documents relating to the human dimension and undertake to build on the progress they have made.
They recognize that co-operation among themselves, as well as the active involvement of persons, groups, organizations and institutions, will be essential to ensure continuing progress towards their shared objectives.
In order to strengthen respect for, and enjoyment of, human rights and fundamental freedoms, to develop human contacts and to resolve issues of a related humanitarian character, the participat- ing States agree on the following:
53 Copenhagen 1990
I
(1) The participating States express their conviction that the protection and promotion of human rights and fundamental freedoms is one of the basic purposes of government, and reaffirm that the recognition of these rights and freedoms constitutes the foundation of freedom, justice and peace.
(2) They are determined to support and advance those principles of justice which form the basis of the rule of law. They consider that the rule of law does not mean merely a formal legality which assures regularity and consistency in the achievement and enforcement of democratic order, but justice based on the recognition and full acceptance of the supreme value of the human personal- ity and guaranteed by institutions providing a framework for its fullest expression.
(3) They reaffirm that democracy is an inherent element of the rule of law. They recognize the importance of pluralism with regard to political organizations.
(4) They confirm that they will respect each other’s right freely to choose and develop, in accord- ance with international human rights standards, their political, social, economic and cultural sys- tems. In exercising this right, they will ensure that their laws, regulations, practices and policies conform with their obligations under international law and are brought into harmony with the provisions of the Declaration on Principles and other CSCE commitments.
(5) They solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: (5.1) – free elections that will be held at reasonable intervals by secret ballot or by equivalent free voting procedure, under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives; (5.2) – a form of government that is representative in character, in which the executive is account- able to the elected legislature or the electorate; (5.3) – the duty of the government and public authorities to comply with the constitution and to act in a manner consistent with law; (5.4) – a clear separation between the State and political parties; in particular, political parties will not be merged with the State; (5.5) – the activity of the government and the administration as well as that of the judiciary will be exercised in accordance with the system established by law. Respect for that system must be ensured; (5.6) – military forces and the police will be under the control of, and accountable to, the civil authorities; (5.7) – human rights and fundamental freedoms will be guaranteed by law and in accordance with their obligations under international law; (5.8) – legislation, adopted at the end of a public procedure, and regulations will be published, that being the condition for their applicability. Those texts will be accessible to everyone; (5.9) – all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law will prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground; (5.10) – everyone will have an effective means of redress against administrative decisions, so as to guarantee respect for fundamental rights and ensure legal integrity;
54 Copenhagen 1990
(5.11) – administrative decisions against a person must be fully justifiable and must as a rule indi- cate the usual remedies available; (5.12) – the independence of judges and the impartial operation of the public judicial service will be ensured; (5.13) – the independence of legal practitioners will be recognized and protected, in particular as regards conditions for recruitment and practice; (5.14) – the rules relating to criminal procedure will contain a clear definition of powers in rela- tion to prosecution and the measures preceding and accompanying prosecution; (5.15) – any person arrested or detained on a criminal charge will have the right, so that the law- fulness of his arrest or detention can be decided, to be brought promptly before a judge or other officer authorized by law to exercise this function; (5.16) – in the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone will be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law; (5.17) – any person prosecuted will have the right to defend himself in person or through prompt legal assistance of his own choosing or, if he does not have sufficient means to pay for legal assis- tance, to be given it free when the interests of justice so require; (5.18) – no one will be charged with, tried for or convicted of any criminal offence unless the offence is provided for by a law which defines the elements of the offence with clarity and precision; (5.19) – everyone will be presumed innocent until proved guilty according to law; (5.20) – considering the important contribution of international instruments in the field of human rights to the rule of law at a national level, the participating States reaffirm that they will consider acceding to the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and other relevant international instruments, if they have not yet done so; (5.21) – in order to supplement domestic remedies and better to ensure that the participating States respect the international obligations they have undertaken, the participating States will consider acceding to a regional or global international convention concerning the protection of human rights, such as the European Convention on Human Rights or the Optional Protocol to the International Covenant on Civil and Political Rights, which provide for procedures of indi- vidual recourse to international bodies.
(6) The participating States declare that the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government. The participating States will accordingly respect the right of their citizens to take part in the govern- ing of their country, either directly or through representatives freely chosen by them through fair electoral processes. They recognize their responsibility to defend and protect, in accordance with their laws, their international human rights obligations and their international commitments, the democratic order freely established through the will of the people against the activities of persons, groups or organizations that engage in or refuse to renounce terrorism or violence aimed at the overthrow of that order or of that of another participating State.
(7) To ensure that the will of the people serves as the basis of the authority of government, the participating States will (7.1) – hold free elections at reasonable intervals, as established by law;
55 Copenhagen 1990
(7.2) – permit all seats in at least one chamber of the national legislature to be freely contested in a popular vote; (7.3) – guarantee universal and equal suffrage to adult citizens; (7.4) – ensure that votes are cast by secret ballot or by equivalent free voting procedure, and that they are counted and reported honestly with the official results made public; (7.5) – respect the right of citizens to seek political or public office, individually or as representa- tives of political parties or organizations, without discrimination; (7.6) – respect the right of individuals and groups to establish, in full freedom, their own political parties or other political organizations and provide such political parties and organizations with the necessary legal guarantees to enable them to compete with each other on a basis of equal treat- ment before the law and by the authorities; (7.7) – ensure that law and public policy work to permit political campaigning to be conducted in a fair and free atmosphere in which neither administrative action, violence nor intimidation bars the parties and the candidates from freely presenting their views and qualifications, or prevents the voters from learning and discussing them or from casting their vote free of fear of retribution; (7.8) – provide that no legal or administrative obstacle stands in the way of unimpeded access to the media on a non-discriminatory basis for all political groupings and individuals wishing to participate in the electoral process; (7.9) – ensure that candidates who obtain the necessary number of votes required by law are duly installed in office and are permitted to remain in office until their term expires or is otherwise brought to an end in a manner that is regulated by law in conformity with democratic parliamen- tary and constitutional procedures.
(8) The participating States consider that the presence of observers, both foreign and domestic, can enhance the electoral process for States in which elections are taking place. They therefore invite observers from any other CSCE participating States and any appropriate private institutions and organizations who may wish to do so to observe the course of their national election proceed- ings, to the extent permitted by law. They will also endeavour to facilitate similar access for elec- tion proceedings held below the national level. Such observers will undertake not to interfere in the electoral proceedings.
II
(9) The participating States reaffirm that (9.1) – everyone will have the right to freedom of expression including the right to communication. This right will include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The exercise of this right may be subject only to such restrictions as are prescribed by law and are consistent with international standards. In particular, no limitation will be imposed on access to, and use of, means of repro- ducing documents of any kind, while respecting, however, rights relating to intellectual property, including copyright; (9.2) – everyone will have the right of peaceful assembly and demonstration. Any restrictions which may be placed on the exercise of these rights will be prescribed by law and consistent with international standards; (9.3) – the right of association will be guaranteed. The right to form and – subject to the general right of a trade union to determine its own membership – freely to join a trade union will be guar- anteed. These rights will exclude any prior control. Freedom of association for workers, including
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the freedom to strike, will be guaranteed, subject to limitations prescribed by law and consistent with international standards; (9.4) – everyone will have the right to freedom of thought, conscience and religion. This right includes freedom to change one’s religion or belief and freedom to manifest one’s religion or belief, either alone or in community with others, in public or in private, through worship, teaching, prac- tice and observance. The exercise of these rights may be subject only to such restrictions as are prescribed by law and are consistent with international standards; (9.5) – they will respect the right of everyone to leave any country, including his own, and to return to his country, consistent with a State’s international obligations and CSCE commitments. Restric- tions on this right will have the character of very rare exceptions, will be considered necessary only if they respond to a specific public need, pursue a legitimate aim and are proportionate to that aim, and will not be abused or applied in an arbitrary manner; (9.6) – everyone has the right peacefully to enjoy his property either on his own or in common with others. No one may be deprived of his property except in the public interest and subject to the conditions provided for by law and consistent with international commitments and obligations.
(10) In reaffirming their commitment to ensure effectively the rights of the individual to know and act upon human rights and fundamental freedoms, and to contribute actively, individually or in association with others, to their promotion and protection, the participating States express their commitment to (10.1) – respect the right of everyone, individually or in association with others, to seek, receive and impart freely views and information on human rights and fundamental freedoms, including the rights to disseminate and publish such views and information; (10.2) – respect the rights of everyone, individually or in association with others, to study and dis- cuss the observance of human rights and fundamental freedoms and to develop and discuss ideas for improved protection of human rights and better means for ensuring compliance with interna- tional human rights standards; (10.3) – ensure that individuals are permitted to exercise the right to association, including the right to form, join and participate effectively in non-governmental organizations which seek the promotion and protection of human rights and fundamental freedoms, including trade unions and human rights monitoring groups; (10.4) – allow members of such groups and organizations to have unhindered access to and com- munication with similar bodies within and outside their countries and with international organ- izations, to engage in exchanges, contacts and co-operation with such groups and organizations and to solicit, receive and utilize for the purpose of promoting and protecting human rights and fundamental freedoms voluntary financial contributions from national and international sources as provided for by law.
(11) The participating States further affirm that, where violations of human rights and fundamen- tal freedoms are alleged to have occurred, the effective remedies available include (11.1) – the right of the individual to seek and receive adequate legal assistance; (11.2) – the right of the individual to seek and receive assistance from others in defending human rights and fundamental freedoms, and to assist others in defending human rights and fundamen- tal freedoms; (11.3) – the right of individuals or groups acting on their behalf to communicate with interna- tional bodies with competence to receive and consider information concerning allegations of human rights abuses.
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(12) The participating States, wishing to ensure greater transparency in the implementation of the commitments undertaken in the Vienna Concluding Document under the heading of the human dimension of the CSCE, decide to accept as a confidence-building measure the presence of observers sent by participating States and representatives of non-governmental organizations and other inter- ested persons at proceedings before courts as provided for in national legislation and international law; it is understood that proceedings may only be held in camera in the circumstances prescribed by law and consistent with obligations under international law and international commitments.
(13) The participating States decide to accord particular attention to the recognition of the rights of the child, his civil rights and his individual freedoms, his economic, social and cultural rights, and his right to special protection against all forms of violence and exploitation. They will con- sider acceding to the Convention on the Rights of the Child, if they have not yet done so, which was opened for signature by States on 26 January 1990. They will recognize in their domestic legis- lation the rights of the child as affirmed in the international agreements to which they are Parties.
(14) The participating States agree to encourage the creation, within their countries, of conditions for the training of students and trainees from other participating States, including persons taking vocational and technical courses. They also agree to promote travel by young people from their countries for the purpose of obtaining education in other participating States and to that end to encourage the conclusion, where appropriate, of bilateral and multilateral agreements between their relevant governmental institutions, organizations and educational establishments.
(15) The participating States will act in such a way as to facilitate the transfer of sentenced persons and encourage those participating States which are not Parties to the Convention on the Trans- fer of Sentenced Persons, signed at Strasbourg on 21 November 1983, to consider acceding to the Convention.
(16) The participating States (16.1) – reaffirm their commitment to prohibit torture and other cruel, inhuman or degrading treatment or punishment, to take effective legislative, administrative, judicial and other measures to prevent and punish such practices, to protect individuals from any psychiatric or other medi- cal practices that violate human rights and fundamental freedoms and to take effective measures to prevent and punish such practices; (16.2) – intend, as a matter of urgency, to consider acceding to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, if they have not yet done so, and recognizing the competences of the Committee against Torture under articles 21 and 22 of the Con- vention and withdrawing reservations regarding the competence of the Committee under article 20; (16.3) – stress that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justifica- tion of torture; (16.4) – will ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment; (16.5) – will keep under systematic review interrogation rules, instructions, methods and prac- tices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under their jurisdiction, with a view to pre- venting any cases of torture;
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(16.6) – will take up with priority for consideration and for appropriate action, in accordance with the agreed measures and procedures for the effective implementation of the commitments relating to the human dimension of the CSCE, any cases of torture and other inhuman or degrading treat- ment or punishment made known to them through official channels or coming from any other reliable source of information; (16.7) – will act upon the understanding that preserving and guaranteeing the life and security of any individual subjected to any form of torture and other inhuman or degrading treatment or punishment will be the sole criterion in determining the urgency and priorities to be accorded in taking appropriate remedial action; and, therefore, the consideration of any cases of torture and other inhuman or degrading treatment or punishment within the framework of any other inter- national body or mechanism may not be invoked as a reason for refraining from consideration and appropriate action in accordance with the agreed measures and procedures for the effective implementation of the commitments relating to the human dimension of the CSCE.
(17) The participating States (17.1) – recall the commitment undertaken in the Vienna Concluding Document to keep the ques- tion of capital punishment under consideration and to co-operate within relevant international organizations; (17.2) – recall, in this context, the adoption by the General Assembly of the United Nations, on 15 December 1989, of the Second Optional Protocol to the International Covenant on Civil and Polit- ical Rights, aiming at the abolition of the death penalty; (17.3) – note the restrictions and safeguards regarding the use of the death penalty which have been adopted by the international community, in particular article 6 of the International Cove- nant on Civil and Political Rights; (17.4) – note the provisions of the Sixth Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty; (17.5) – note recent measures taken by a number of participating States towards the abolition of capital punishment; (17.6) – note the activities of several non-governmental organizations on the question of the death penalty; (17.7) – will exchange information within the framework of the Conference on the Human Dimen- sion on the question of the abolition of the death penalty and keep that question under consideration; (17.8) – will make available to the public information regarding the use of the death penalty.
(18) The participating States (18.1) – note that the United Nations Commission on Human Rights has recognized the right of everyone to have conscientious objections to military service; (18.2) – note recent measures taken by a number of participating States to permit exemption from compulsory military service on the basis of conscientious objections; (18.3) – note the activities of several non-governmental organizations on the question of conscien- tious objections to compulsory military service; (18.4) – agree to consider introducing, where this has not yet been done, various forms of alter- native service, which are compatible with the reasons for conscientious objection, such forms of alternative service being in principle of a non-combatant or civilian nature, in the public interest and of a non-punitive nature; (18.5) – will make available to the public information on this issue;
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(18.6) – will keep under consideration, within the framework of the Conference on the Human Dimension, the relevant questions related to the exemption from compulsory military service, where it exists, of individuals on the basis of conscientious objections to armed service, and will exchange information on these questions.
(19) The participating States affirm that freer movement and contacts among their citizens are important in the context of the protection and promotion of human rights and fundamental free- doms. They will ensure that their policies concerning entry into their territories are fully con- sistent with the aims set out in the relevant provisions of the Final Act, the Madrid Concluding Document and the Vienna Concluding Document. While reaffirming their determination not to recede from the commitments contained in CSCE documents, they undertake to implement fully and improve present commitments in the field of human contacts, including on a bilateral and multilateral basis. In this context they will (19.1) – strive to implement the procedures for entry into their territories, including the issuing of visas and passport and customs control, in good faith and without unjustified delay. Where neces- sary, they will shorten the waiting time for visa decisions, as well as simplify practices and reduce administrative requirements for visa applications; (19.2) – ensure, in dealing with visa applications, that these are processed as expeditiously as pos- sible in order, inter alia, to take due account of important family, personal or professional consid- erations, especially in cases of an urgent, humanitarian nature; (19.3) – endeavour, where necessary, to reduce fees charged in connection with visa applications to the lowest possible level.
(20) The participating States concerned will consult and, where appropriate, cooperate in dealing with problems that might emerge as a result of the increased movement of persons. (…)
(22) The participating States reaffirm that the protection and promotion of the rights of migrant workers have their human dimension. In this context, they (22.1) – agree that the protection and promotion of the rights of migrant workers are the concern of all participating States and that as such they should be addressed within the CSCE process; (22.2) – reaffirm their commitment to implement fully in their domestic legislation the rights of migrant workers provided for in international agreements to which they are parties; (22.3) – consider that, in future international instruments concerning the rights of migrant work- ers, they should take into account the fact that this issue is of importance for all of them; (22.4) – express their readiness to examine, at future CSCE meetings, the relevant aspects of the further promotion of the rights of migrant workers and their families.
(23) The participating States reaffirm their conviction expressed in the Vienna Concluding Doc- ument that the promotion of economic, social and cultural rights as well as of civil and politi- cal rights is of paramount importance for human dignity and for the attainment of the legitimate aspirations of every individual. They also reaffirm their commitment taken in the Document of the Bonn Conference on Economic Co-operation in Europe to the promotion of social justice and the improvement of living and working conditions. In the context of continuing their efforts with a view to achieving progressively the full realization of economic, social and cultural rights by all appropriate means, they will pay special attention to problems in the areas of employment, hous- ing, social security, health, education and culture.
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(24) The participating States will ensure that the exercise of all the human rights and fundamental freedoms set out above will not be subject to any restrictions except those which are provided by law and are consistent with their obligations under international law, in particular the International Covenant on Civil and Political Rights, and with their international commitments, in particular the Universal Declaration of Human Rights. These restrictions have the character of exceptions. The participating States will ensure that these restrictions are not abused and are not applied in an arbitrary manner, but in such a way that the effective exercise of these rights is ensured. Any restriction on rights and freedoms must, in a democratic society, relate to one of the objectives of the applicable law and be strictly proportionate to the aim of that law.
(25) The participating States confirm that any derogations from obligations relating to human rights and fundamental freedoms during a state of public emergency must remain strictly within the limits provided for by international law, in particular the relevant international instruments by which they are bound, especially with respect to rights from which there can be no derogation. They also reaffirm that (25.1) – measures derogating from such obligations must be taken in strict conformity with the procedural requirements laid down in those instruments; (25.2) – the imposition of a state of public emergency must be proclaimed officially, publicly, and in accordance with the provisions laid down by law; (25.3) – measures derogating from obligations will be limited to the extent strictly required by the exigencies of the situation; (25.4) – such measures will not discriminate solely on the grounds of race, colour, sex, language, religion, social origin or of belonging to a minority.
III
(26) The participating States recognize that vigorous democracy depends on the existence as an integral part of national life of democratic values and practices as well as an extensive range of democratic institutions. They will therefore encourage, facilitate and, where appropriate, support practical co-operative endeavours and the sharing of information, ideas and expertise among them- selves and by direct contacts and co-operation between individuals, groups and organizations in areas including the following: • constitutional law, reform and development, • electoral legislation, administration and observation, • establishment and management of courts and legal systems, • the development of an impartial and effective public service where recruitment and advance- ment are based on a merit system, • law enforcement, • local government and decentralization, • access to information and protection of privacy, • developing political parties and their role in pluralistic societies, • free and independent trade unions, • co-operative movements, • developing other forms of free associations and public interest groups, • journalism, independent media, and intellectual and cultural life,
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• the teaching of democratic values, institutions and practices in educational institutions and the fostering of an atmosphere of free enquiry. Such endeavours may cover the range of co-operation encompassed in the human dimension of the CSCE, including training, exchange of information, books and instructional materials, co-opera- tive programmes and projects, academic and professional exchanges and conferences, scholarships, research grants, provision of expertise and advice, business and scientific contacts and programmes.
(27) The participating States will also facilitate the establishment and strengthening of independent national institutions in the area of human rights and the rule of law, which may also serve as focal points for co-ordination and collaboration between such institutions in the participating States. They propose that co-operation be encouraged between parliamentarians from participating States, including through existing inter-parliamentary associations and, inter alia, through joint com- missions, television debates involving parliamentarians, meetings and round-table discussions. They will also encourage existing institutions, such as organizations within the United Nations system and the Council of Europe, to continue and expand the work they have begun in this area.
(28) The participating States recognize the important expertise of the Council of Europe in the field of human rights and fundamental freedoms and agree to consider further ways and means to enable the Council of Europe to make a contribution to the human dimension of the CSCE. They agree that the nature of this contribution could be examined further in a future CSCE forum. (…)
IV
(30) The participating States recognize that the questions relating to national minorities can only be satisfactorily resolved in a democratic political framework based on the rule of law, with a func- tioning independent judiciary. This framework guarantees full respect for human rights and funda- mental freedoms, equal rights and status for all citizens, the free expression of all their legitimate interests and aspirations, political pluralism, social tolerance and the implementation of legal rules that place effective restraints on the abuse of governmental power.
They also recognize the important role of non-governmental organizations, including political par- ties, trade unions, human rights organizations and religious groups, in the promotion of tolerance, cultural diversity and the resolution of questions relating to national minorities.
They further reaffirm that respect for the rights of persons belonging to national minorities as part of universally recognized human rights is an essential factor for peace, justice, stability and democracy in the participating States.
(31) Persons belonging to national minorities have the right to exercise fully and effectively their human rights and fundamental freedoms without any discrimination and in full equality before the law.
The participating States will adopt, where necessary, special measures for the purpose of ensur- ing to persons belonging to national minorities full equality with the other citizens in the exercise and enjoyment of human rights and fundamental freedoms.
(32) To belong to a national minority is a matter of a person’s individual choice and no disadvan- tage may arise from the exercise of such choice. Persons belonging to national minorities have the right freely to express, preserve and develop their ethnic, cultural, linguistic or religious identity
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and to maintain and develop their culture in all its aspects, free of any attempts at assimilation against their will. In particular, they have the right (32.1) – to use freely their mother tongue in private as well as in public; (32.2) – to establish and maintain their own educational, cultural and religious institutions, organ- izations or associations, which can seek voluntary financial and other contributions as well as pub- lic assistance, in conformity with national legislation; (32.3) – to profess and practise their religion, including the acquisition, possession and use of reli- gious materials, and to conduct religious educational activities in their mother tongue; (32.4) – to establish and maintain unimpeded contacts among themselves within their country as well as contacts across frontiers with citizens of other States with whom they share a common ethnic or national origin, cultural heritage or religious beliefs; (32.5) – to disseminate, have access to and exchange information in their mother tongue; (32.6) – to establish and maintain organizations or associations within their country and to par- ticipate in international non-governmental organizations.
Persons belonging to national minorities can exercise and enjoy their rights individually as well as in community with other members of their group. No disadvantage may arise for a person belong- ing to a national minority on account of the exercise or non-exercise of any such rights.
(33) The participating States will protect the ethnic, cultural, linguistic and religious identity of national minorities on their territory and create conditions for the promotion of that identity. They will take the necessary measures to that effect after due consultations, including contacts with organizations or associations of such minorities, in accordance with the decision-making procedures of each State.
Any such measures will be in conformity with the principles of equality and non discrimination with respect to the other citizens of the participating State concerned.
(34) The participating States will endeavour to ensure that persons belonging to national minori- ties, notwithstanding the need to learn the official language or languages of the State concerned, have adequate opportunities for instruction of their mother tongue or in their mother tongue, as well as, wherever possible and necessary, for its use before public authorities, in conformity with applicable national legislation.
In the context of the teaching of history and culture in educational establishments, they will also take account of the history and culture of national minorities.
(35) The participating States will respect the right of persons belonging to national minorities to effective participation in public affairs, including participation in the affairs relating to the pro- tection and promotion of the identity of such minorities.
The participating States note the efforts undertaken to protect and create conditions for the pro- motion of the ethnic, cultural, linguistic and religious identity of certain national minorities by establishing, as one of the possible means to achieve these aims, appropriate local or autonomous administrations corresponding to the specific historical and territorial circumstances of such minorities and in accordance with the policies of the State concerned.
(36) The participating States recognize the particular importance of increasing constructive co-op- eration among themselves on questions relating to national minorities. Such co-operation seeks to
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promote mutual understanding and confidence, friendly and good-neighbourly relations, interna- tional peace, security and justice.
Every participating State will promote a climate of mutual respect, understanding, cooperation and solidarity among all persons living on its territory, without distinction as to ethnic or national ori- gin or religion, and will encourage the solution of problems through dialogue based on the prin- ciples of the rule of law.
(37) None of these commitments may be interpreted as implying any right to engage in any activity or perform any action in contravention of the purposes and principles of the Charter of the United Nations, other obligations under international law or the provisions of the Final Act, including the principle of territorial integrity of States.
(38) The participating States, in their efforts to protect and promote the rights of persons belonging to national minorities, will fully respect their undertakings under existing human rights conven- tions and other relevant international instruments and consider adhering to the relevant conven- tions, if they have not yet done so, including those providing for a right of complaint by individuals.
(39) The participating States will co-operate closely in the competent international organizations to which they belong, including the United Nations and, as appropriate, the Council of Europe, bearing in mind their on-going work with respect to questions relating to national minorities.
They will consider convening a meeting of experts for a thorough discussion of the issue of national minorities.
(40) The participating States clearly and unequivocally condemn totalitarianism, racial and eth- nic hatred, anti-semitism, xenophobia and discrimination against anyone as well as persecution on religious and ideological grounds. In this context, they also recognize the particular problems of Roma (gypsies).
They declare their firm intention to intensify the efforts to combat these phenomena in all their forms and therefore will (40.1) – take effective measures, including the adoption, in conformity with their constitutional systems and their international obligations, of such laws as may be necessary, to provide protec- tion against any acts that constitute incitement to violence against persons or groups based on national, racial, ethnic or religious discrimination, hostility or hatred, including anti-semitism; (40.2) – commit themselves to take appropriate and proportionate measures to protect persons or groups who may be subject to threats or acts of discrimination, hostility or violence as a result of their racial, ethnic, cultural, linguistic or religious identity, and to protect their property; (40.3) – take effective measures, in conformity with their constitutional systems, at the national, regional and local levels to promote understanding and tolerance, particularly in the fields of edu- cation, culture and information; (40.4) – endeavour to ensure that the objectives of education include special attention to the prob- lem of racial prejudice and hatred and to the development of respect for different civilizations and cultures; (40.5) – recognize the right of the individual to effective remedies and endeavour to recognize, in conformity with national legislation, the right of interested persons and groups to initiate and sup- port complaints against acts of discrimination, including racist and xenophobic acts;
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(40.6) – consider adhering, if they have not yet done so, to the international instruments which address the problem of discrimination and ensure full compliance with the obligations therein, including those relating to the submission of periodic reports; (40.7) – consider, also, accepting those international mechanisms which allow States and individ- uals to bring communications relating to discrimination before international bodies.
V
(41) The participating States reaffirm their commitment to the human dimension of the CSCE and emphasize its importance as an integral part of a balanced approach to security and co-operation in Europe. They agree that the Conference on the Human Dimension of the CSCE and the human dimension mechanism described in the section on the human dimension of the CSCE of the Vienna Concluding Document have demonstrated their value as methods of furthering their dialogue and co-operation and assisting in the resolution of relevant specific questions. They express their conviction that these should be continued and developed as part of an expanding CSCE process.
(42) The participating States recognize the need to enhance further the effectiveness of the proce- dures described in paragraphs 1 to 4 of the section on the human dimension of the CSCE of the Vienna Concluding Document and with this aim decide (42.1) – to provide in as short a time as possible, but no later than four weeks, a written response to requests for information and to representations made to them in writing by other participat- ing States under paragraph 1; (42.2) – that the bilateral meetings, as contained in paragraph 2, will take place as soon as possi- ble, as a rule within three weeks of the date of the request; (42.3) – to refrain, in the course of a bilateral meeting held under paragraph 2, from raising situa- tions and cases not connected with the subject of the meeting, unless both sides have agreed to do so.
(43) The participating States examined practical proposals for new measures aimed at improving the implementation of the commitments relating to the human dimension of the CSCE. In this regard, they considered proposals related to the sending of observers to examine situations and specific cases, the appointment of rapporteurs to investigate and suggest appropriate solutions, the setting up of a Committee on the Human Dimension of the CSCE, greater involvement of persons, organizations and institutions in the human dimension mechanism and further bilateral and mul- tilateral efforts to promote the resolution of relevant issues.
They decide to continue to discuss thoroughly in subsequent relevant CSCE fora these and other proposals designed to strengthen the human dimension mechanism, and to consider adopting, in the context of the further development of the CSCE process, appropriate new measures. They agree that these measures should contribute to achieving further effective progress, enhance con- flict prevention and confidence in the field of the human dimension of the CSCE. (…)
65 Charter of Paris for a New Europe Paris 1990
(…)
A New Era of Democracy, Peace and Unity
We, the Heads of State or Government of the States participating in the Conference on Security and Co-operation in Europe, have assembled in Paris at a time of profound change and historic expectations. The era of confrontation and division of Europe has ended. We declare that hence- forth our, relations will be founded on respect and cooperation.
Europe is liberating itself from the legacy of the past. The courage of men and women, the strength of the will of the peoples and the power of the ideas of the Helsinki Final Act have opened a new era of democracy, peace and unity in Europe.
Ours is a time for fulfilling the hopes and expectations our peoples have cherished for decades: steadfast commitment to democracy based on human rights and fundamental freedoms; prosper- ity through economic liberty and social justice; and equal security for all our countries.
The Ten Principles of the Final Act will guide us towards this ambitious future, just as they have lighted our way towards better relations for the past fifteen years. Full implementation of all CSCE commitments must form the basis for the initiatives we are now taking to enable our nations to live in accordance with their aspirations.
Human Rights, Democracy and Rule of Law
We undertake to build, consolidate and strengthen democracy as the only system of government of our nations. In this endeavour, we will abide by the following:
Human rights and fundamental freedoms are the birthright of all human beings, are inalienable and are guaranteed by law. Their protection and promotion is the first responsibility of govern- ment. Respect for them is an essential safeguard against an over-mighty State. Their observance and full exercise are the foundation of freedom, justice and peace.
Democratic government is based on the will of the people, expressed regularly through free and fair elections. Democracy has as its foundation respect for the human person and the rule of law. Democracy is the best safeguard of freedom of expression, tolerance of all groups of society, and equality of opportunity for each person.
Democracy, with its representative and pluralist character, entails accountability to the electorate, the obligation of public authorities to comply with the law and justice administered impartially. No one will be above the law.
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We affirm that, without discrimination, • every individual has the right to freedom of thought, conscience and religion or belief, freedom of expression, freedom of association and peaceful assembly, freedom of movement; no one will be: – subject to arbitrary arrest or detention, subject to torture or other cruel, inhuman or degrad- ing treatment or punishment; • everyone also has the right: – to know and act upon his rights, – to participate in free and fair elections, – to fair and public trial if charged with an offence, – to own property alone or in association and to exercise individual enterprise, – to enjoy his economic, social and cultural rights.
We affirm that the ethnic, cultural, linguistic and religious identity of national minorities will be protected and that persons belonging to national minorities have the right freely to express, pre- serve and develop that identity without any discrimination and in full equality before the law.
We will ensure that everyone will enjoy recourse to effective remedies, national or international, against any violation of his rights.
Full respect for these precepts is the bedrock on which we will seek to construct the new Europe.
Our States will co-operate and support each other with the aim of making democratic gains irre- versible.
Economic Liberty and Responsibility
Economic liberty, social justice and environmental responsibility are indispensable for prosperity.
The free will of the individual, exercised in democracy and protected by the rule of law, forms the necessary basis for successful economic and social development. We will promote economic activ- ity which respects and upholds human dignity.
Freedom and political pluralism are necessary elements in our common objective of developing mar- ket economies towards sustainable economic growth, prosperity, social justice, expanding employ- ment and efficient use of economic resources. The success of the transition to market economy by countries making efforts to this effect is important and in the interest of us all. It will enable us to share a higher level of prosperity which is our common objective. We will co-operate to this end.
Preservation of the environment is a shared responsibility of all our nations. While supporting national and regional efforts in this field, we must also look to the pressing need for joint action on a wider scale.
Friendly Relations among Participating States
(…)
To uphold and promote democracy, peace and unity in Europe, we solemnly pledge our full com- mitment to the Ten Principles of the Helsinki Final Act. We affirm the continuing validity of the
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ten Principals and our determination to put them into practice. All the principles apply equally and unreservedly, each of them being interpreted taking into account the others. They form the basis for our relations. (…)
Our relations will rest on our common adherence to democratic values and to human rights and fundamental freedoms. We are convinced that in order to strengthen peace and security among our States, the advancement of democracy, and respect for and effective exercise of human rights, are indispensable. We reaffirm the equal rights of peoples and their right to self-determination in conformity with the Charter of the United Nations and with the relevant norms of international law, including those relating to territorial integrity of States. (…)
Guidelines for the future
Proceeding from our firm commitment to the full implementation of all CSCE principles and pro- visions, we now resolve to give a new impetus to a balanced and comprehensive development of our co-operation in order to address the needs and aspirations of out peoples.
Human Dimension
We declare our respect for human rights and fundamental freedoms to be irrevocable. We will fully implement and build upon the provisions relating to the human dimension of the CSCE.
Proceeding from the Document of the Copenhagen Meeting of the Conference on the Human Dimension, we will cooperate to strengthen democratic institutions and to promote the applica- tion of the rule of law. To that end, we decide to convene a seminar of experts in Oslo from 4 to 15 November 1991.
Determined to foster the rich contribution of national minorities to the life of our societies, we undertake further to improve their situation. We reaffirm our deep conviction that friendly rela- tions among our peoples, as well as peace, justice, stability and democracy, require that the eth- nic, cultural, linguistic and religious identity of national minorities be protected and conditions for the promotion of that identity be created. We declare that questions related to national minor- ities can only be satisfactorily resolved in a democratic political framework. We further acknowl- edge that the rights of persons belonging to national minorities must be fully respected as part of universal human rights. Being aware of the urgent need for increased cooperation on, as well as better protection of, national minorities, we decide to convene a meeting of experts on national minorities to be held in Geneva from 1 to 19 July 1991.
We express our determination to combat all forms of racial and ethnic hatred, antisemitism, xen- ophobia and discrimination against anyone as well as persecution on religious and ideological grounds.
In accordance with our CSCE commitments, we stress that free movement and contacts among our citizens as well as the free flow of information and ideas are crucial for the maintenance and development of free societies and flourishing cultures. We welcome increased tourism and visits among our countries.
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The human dimension mechanism has proved its usefulness, and we are consequently determined to expand it to include new procedures involving, inter alia, the services of experts or a roster of eminent persons experienced in human rights issues which could be raised under the mechanism. We shall provide, in the context of the mechanism, for individuals to be involved in the protec- tion of their rights. Therefore, we undertake to develop further our commitments in this respect, in particular at the Moscow Meeting of the Conference on the Human Dimension, without prej- udice to obligations under existing international instruments to which our States may be parties.
We recognize the important contribution of the Council of Europe to the promotion of human rights and the principles of democracy and the rule of law as well as to the development of cultural co-operation. We welcome moves by several participating States to join the Council of Europe and adhere to its European Convention on Human Rights. We welcome as well the readiness of the Council of Europe to make its experience available to the CSCE.
Security (…)
We unreservedly condemn, as criminal, all acts, methods and practices of terrorism and express our determination to work for its eradication both bilaterally and through multilateral co-opera- tion. We will also join together in combating illicit trafficking in drugs. (…)
Culture
We recognize the essential contribution of our common European culture and our shared val- ues in overcoming the division of the continent. Therefore, we underline our attachment to crea- tive freedom and to the protection and promotion of our cultural and spiritual heritage, in all its richness and diversity.
In view of the recent changes in Europe, we stress the increased importance of the Cracow Sym- posium and we look forward to its consideration of guidelines for intensified co-operation in the field of culture. We invite the Council of Europe to contribute to this Symposium.
In order to promote greater familiarity amongst our peoples, we favour the establishment of cul- tural centres in cities of other participating States as well as increased cooperation in the audio- visual field and wider exchange in music, theatre, literature and the arts.
We resolve to make special efforts in our national policies to promote better understanding, in particular among young people, through cultural exchanges, co-operation in all fields of educa- tion and, more specifically, through teaching and training in the languages of other participating States. We intend to consider first results of this action at the Helsinki Follow-up Meeting in 1992.
Migrant Workers
We recognize that the issues of migrant workers and their families legally residing in host coun- tries have economic, cultural and social aspects as well as their human dimension. We reaffirm that the protection and promotion of their rights, as well as the implementation of relevant inter- national obligations, is our common concern. (…)
69 Paris 1990
Non-governmental Organizations
We recall the major role that non-governmental organizations, religious and other groups and individuals have played in the achievement of the objectives of the CSCE and will further facili- tate their activities for the implementation of the CSCE commitments by the participating States. These organizations, groups and individuals must be involved in an appropriate way in the activ- ities and new structures of the CSCE in order to fulfil their important tasks.
New structures and institutions of the CSCE Process (…)
We decide to establish an Office for Free Elections in Warsaw to facilitate contacts and the exchange of information on elections within participating States. (…)
Supplementary document to give effect to certain provisions contained in the Charter of Paris for a New Europe
Procedures and organizational modalities relating to certain provisions contained in the Charter of Paris for a New Europe, signed in Paris on 21 November 1990, are set out below.
I. Institutional arrangements (…)
G. The office for free elections
1. The function of the Office for Free Elections will be to facilitate contacts and the exchange of information on elections within participating States. The Office will thus foster the implementa- tion of paragraphs 6, 7 and 8 of the Document of the Copenhagen meeting of the Conference on the Human Dimension of the CSCE (…)
2. To this end, the Office will • compile information, including information provided by the competent authorities of the partic- ipating States, on the dates, procedures and official results of scheduled national elections within participating States, as well as reports of election observations, and provide these on request to governments, parliaments and interested private organizations; • serve to facilitate contact among governments, parliaments or private organizations wishing to observe elections and competent authorities of the States in which elections are to take place; • organize and serve as the venue for seminars or other meetings related to election procedures and democratic institutions at the request of the participating States.
3. The Office will take into account the work of and co-operate with other institutions active in this field.
4. The Office will carry out other tasks assigned to it by the Council.
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5. The Office’s personnel will be composed of • a Director, who will be responsible to the Council through the Committee of Senior Officials; • an Officer; • administrative and technical personnel, recruited by the Director of the Office.
71 Document of the Cracow Symposium on the Cultural Heritage of the CSCE Participating States Cracow 1991
(…)
The participating States express their deeply held conviction that they share common values forged by history and based, inter alia, on respect for the individual, freedom of conscience, religion or belief, freedom of expression, recognition of the importance of spiritual and cultural values, com- mitment to the rule of law, tolerance and openness to dialogue with other cultures.
They take note of the interrelationship between cultural life and the well-being of their peoples, and the special importance that this has for democratic countries in transition towards a market economy. They encourage support, as already undertaken, and the ongoing assistance to those countries in preserving and protecting their cultural heritage.
The participating States respect the irreplaceable uniqueness of all their cultures and will endeav- our to promote continued cultural dialogue among themselves and with the rest of the world. They reaffirm their belief that respect for cultural diversity promotes understanding and toler- ance among individuals and groups.
They consider that the regional aspects of culture should in themselves constitute a factor in the understanding between peoples.
Regional cultural diversity is an expression of the richness of the common cultural identity of the participating States. Its preservation and protection contribute to building a democratic, peace- ful and united Europe.
Reaffirming their commitment to the full implementation of the provisions relating to the cul- tural dimension in the Helsinki Final Act and other CSCE documents, the participating States agree on the following:
I. Culture and Freedom
1. The participating States emphasize that respect for human rights and fundamental freedoms is essential to the full development of cultural creativity.
2. The State and the public authorities will refrain from infringing upon the freedom of artistic creation.
72 Cracow 1991
3. The participating States undertake to promote and protect the free and unhindered development of artistic creativity; they recognize the important role of the individual artist in society and will respect and protect the integrity of creative work.
4. They recognize the need for governments to strike a balance between their dual responsibility of acting in support of, and ensuring the freedom of, cultural activity.
5. They further acknowledge that, given the variety of cultural activity in the participating States, there are many ways in which governments might choose to respond effectively to concerns relat- ing to the cultural heritage.
6. The participating States recall their respect for freedom of expression and, in connection with the exercise of that freedom in the artistic and cultural fields, state as follows: 6.1 The publication of written works, the performance and broadcasting of musical, theatrical and audiovisual works, and the exhibition of pictorial or sculptural works will not be subject to restric- tion or interference by the State save such restrictions as are prescribed by domestic legislation and are fully consistent with international standards. 6.2 They express their conviction that the existence, in the artistic and cultural fields, of a diver- sity of means of dissemination independent of the State, such as publishing houses, radio broad- casting, cinema and television enterprises, theatres and galleries, helps to ensure pluralism and the freedom of artistic and cultural expression.
7. The participating States recall their commitments to unhindered access to culture, and agree as follows: 7.1 While duly respecting intellectual property rights, any person or independent organization has the right to own privately, use and reproduce all kinds of cultural materials, such as books, pub- lications and audiovisual recordings, and the means of reproducing them.
8. The participating States are resolved to promote the mutual knowledge of their respective cul- tures. Accordingly, they will encourage co-operation and exchanges in all fields of culture and creative work.
9. The participating States are convinced of the enrichment which regional and local cultures, including those connected with national minorities, bring to cultural life.
II. Culture and Heritage
10. The participating States express their deeply-held conviction that the cultural heritage of each one of them constitutes an inalienable part of their civilization, their memory and their common history, to be transmitted to future generations.
11. The participating States take note of the definitions of archaeological property, of the cultural heritage and of the architectural heritage in the relevant international documents of the Council of Europe and UNESCO.
12. The complete and lasting documentation of sites, structures, cultural landscapes, objects and cul- tural systems, including historical, religious and cultural monuments, as they presently exist, is one of the most important legacies to the cultural heritage that can be provided for future generations.
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13. The participating States also recognize as vital elements of their common cultural heritage, the heritage of those cultures which, because of language barriers, climate and geographical distance, limited population or turns of history and political circumstances, have not been widely accessible.
14. The participating states will endeavour to protect the cultural heritage, in compliance with rel- evant international agreements and with their domestic legislation.
15. The participating States will pay heed to the preservation, enhancement and restoration of the cultural heritage when drawing up cultural, environmental and regional and urban planning poli- cies. They further note the importance of relating individual conservation projects to their authen- tic urban or rural environment, where appropriate and whenever possible.
16. The participating States recognize the importance of making their cultural heritage as widely accessible as possible. In doing so, they will pay particular attention to the needs of the handicapped. 16.1 They will endeavour to safeguard the heritage from damage which may be caused by man- agement of and public access to it. 16.2 They will promote public awareness of the value of the heritage and the need to protect it. 16.3 They will seek, wherever possible, to facilitate access for researchers and scholars to relevant primary documents and archive materials.
17. The participating States note favourably the role of non-governmental associations in promot- ing awareness of the heritage and the need for its protection.
18. Partnerships among diverse groups at the local, regional and national level, from both the pri- vate and the public sector, are valuable for ensuring the effective and representative preservation of the cultural heritage. The preservation and interpretation of the values and the cultural herit- age of diverse groups will be enhanced with the involvement of those groups, which is conducive to the tolerance and respect for different cultures which are of paramount importance.
19. The participating States recognize the usefulness and importance of exchanging information on preserving the cultural heritage and acknowledge that the use of data banks, on a national and multilateral level, could make a useful contribution to this work.
III. Principal Areas of Preservation and Co-operation
20. The participating States will encourage training, at the initial and advanced levels, for the var- ious professions and crafts involved in preserving and restoring the cultural heritage, as well as in administering it. They agree to keep one another informed of any important developments in this field and to co-operate with one another. 20.1 The dissemination of knowledge and skills, especially vanishing skills related to the cultural heritage, through training, the exchange of personnel, research and technical publication, is nec- essary to ensure continuity in cultural preservation. They therefore reaffirm their commitments to encourage bilateral and multilateral exchanges of trainees and specialists. 20.2 The participating States should invite the appropriate professional organizations to set up a national register of skilled craftspersons competent in the field of the protection and preservation of the cultural heritage, in order to facilitate contacts between such persons and the users of their services both nationally and internationally.
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21. The participating States will exchange data on their cultural heritage policies, particularly regarding the methods, means and possibilities provided by new technologies.
22. The participating States will strive to share their knowledge and experience in the area of pub- lishing and distribution of printed and audiovisual material. 22.1 With a view to increasing public awareness regarding the preservation of the cultural herit- age, the participating States will make information available that will assist radio and television stations, as well as the print media, to promote information in this area.
23. They will endeavour to improve storage conditions for perishable cultural goods such as paper, film tapes and recorded sound materials, to establish national programmes for the preservation of the perishable cultural heritage and to set commonly accepted standards for all types of carriers of cultural products in order to safeguard the permanence of such items of culture.
24. The participating States will encourage the establishment of links between resource centres and data banks in cultural fields so as to facilitate the exchange of information between them.
25. With a view to a better understanding of the cultural values of the countries whose languages are less widely spoken, the participating States welcome the dissemination of knowledge about and of such languages, in particular through the translation and publication of literary works from these countries. The organization of international training courses for media and cultural per- sonnel involved in promoting the understanding of less-spoken languages and less widely-known cultures should also be considered.
26. Acknowledging the important contribution of religious faiths, institutions and organizations to the cultural heritage, the participating States will co-operate closely with them regarding the preservation of the cultural heritage and pay due attention to monuments and objects of religious origin whose original communities no longer use them or no longer exist in the particular region.
27. Bearing in mind the important role that regional aspects of culture may play in linking peo- ple across national borders, the participating States will favour regional co-operation at the level of local and national authorities as well as non-governmental organizations with a view to foster- ing good-neighbourly relations.
28. The participating States will accord due attention to strengthening the heritage of popular culture of the past, including indigenous and vernacular cultures, and to encouraging a contem- porary popular culture within the framework of their overall efforts for the preservation, study, protection and promotion of mutual awareness of their cultural heritage. The participating States note the importance of research into various forms of expression of past and present cultures – symbolic practices, technical objects and knowledge, folk art, languages – and the importance of doing what is necessary to highlight them.
29. The participating States will also pay attention to more recent contributions to the cultural her- itage (art, including architectural works, of the 20th century).
30. The participating States will co-operate in preventing the illegal circulation of cultural objects, for example by considering adhering to the relevant international instruments.
31. The participating States will strive to preserve and protect those monuments and sites of remem- brance, including most notably extermination camps, and the related archives, which are them- selves testimonials to tragic experiences in their common past. Such steps need to be taken in order
75 Cracow 1991
that those experiences may be remembered, may help to teach present and future generations of these events, and thus ensure that they are never repeated.
32. The interpretation of sensitive sites of remembrance can serve as a valuable means of promoting tolerance and understanding among people and will take into account social and cultural diversity.
33. The participating States recognize that, in defining priorities for preservation, it is important to take into account both the intrinsic value of the cultural heritage, its relative state of deterioration and its historic cultural content. To this effect they will, as appropriate, endeavour to promote the use of risk charts, the exchange of information and the organization of on-site workshops, ideal also for the involvement of younger generations.
34. The participating States bear in mind that the preservation of the status of monuments and sites related to their history and culture, wherever they are located, constitutes an integral part of the overall efforts within the CSCE for the preservation and protection of the common cultural heritage.
35. The participating States believe that taking concerted measures to protect the common cultural heritage from environmental damage is necessary. To this end they will consider establishing or joining networks for the collection of data and co-ordination of research. They will endeavour to co-ordinate policy decisions and undertake direct measures to reduce the impact of air pollution and other degradation on the common cultural heritage.
36. With a view to protecting cultural sites in urban environments, measures will be taken by the participating States to counteract the effects of pollution on the architectural complexes of threat- ened cities; to restore, preserve and revitalize historical urban centres; and to safeguard sites and protect them from damage due to the increasing flow of tourists.
37. The participating States note the importance of protecting the cultural landscape, particu- larly in villages and rural areas, from the danger inherent in changes in the pattern of economic activities and in the impact of pollution, with a special view to protecting dwellings and coherent ensembles of the everyday living environment.
38. In view of the contribution which natural history can make to our understanding of the world of today and its evolution in the future, the participating States will endeavour to foster the pres- ervation and interpretation of natural history sites and collections.
39. The participating States note the importance of safeguarding public and private parks and his- torical gardens, as works of humanity and nature, due to their historical, botanical and social inter- est, including their decorative and architectural elements.
40. The participating States will endeavour to safeguard and protect the archaeological sites located on their territories, including sites located under water. They will bear this aspect in mind during regional development operations which are likely to be a threat to sites which have not yet been scientifically surveyed, excavated or restored.
41. They stress the need for co-ordination of the activities of international organizations and insti- tutions, such as the Council of Europe and UNESCO, in order to contribute to the full develop- ment of cultural co-operation among the participating States. Bearing in mind the need to avoid duplication of effort, the participating States will co-operate closely within the competent inter- national organizations to which they belong. (…)
76 Report of the CSCE Meeting of Experts on National Minorities Geneva 1991
(…)
In accordance with the relevant provisions of the Charter of Paris, the representatives of the par- ticipating States had a thorough discussion on the issues of national minorities and of the rights of persons belonging to them that reflected the diversity of situations and of the legal, historical, political and economic backgrounds. They had an exchange of views on practical experience with national minorities, in particular on national legislation, democratic institutions, international instruments and other possible forms of co-operation. Views were expressed on the implementa- tion of the relevant CSCE commitments, and the representatives of the participating States also considered the scope for the improvement of relevant standards. They also considered new meas- ures aimed at improving the implementation of the aforementioned commitments.
A number of proposals were submitted for consideration by the Meeting and, following their delib- erations, the representatives of the participating States adopted this Report.
The text of the Report of the Geneva Meeting of Experts on National Minorities will be published in each participating State, which will disseminat‑e it and make it known as widely as possible.
The representatives of the participating States note that the Council will take into account the sum- ming up of the Meeting, in accordance with the Charter of Paris for a New Europe.
I.
Recognizing that their observance and full exercise of human rights and fundamental freedoms, including those of persons belonging to national minorities, are the foundation of the New Europe,
Reaffirming their deep conviction that friendly relations among their peoples, as well as peace, justice, stability and democracy, require that the ethnic, cultural, linguistic and religious identity of national minorities be protected, and conditions for the promotion of that identity be created,
Convinced that, in States with national minorities, democracy requires that all persons, including those belonging to national minorities, enjoy full and effective equality of rights and fundamental freedoms and benefit from the rule of law and democratic institutions,
Aware of the diversity of situations and constitutional systems in their countries, and therefore recognizing that various approaches to the implementation of CSCE commitments regarding national minorities are appropriate,
Mindful of the importance of exerting efforts to address national minorities issues, particularly in areas where democratic institutions are being consolidated and questions relating to national minorities are of special concern,
77 Geneva 1991
Aware that national minorities form an integral part of the society of the States in which they live and that they are a factor of enrichment of each respective State and society,
Confirming the need to respect and implement fully and fairly their undertakings in the field of human rights and fundamental freedoms as set forth in the international instruments by which they may be bound,
Reaffirming their strong determination to respect and apply, to their full extent, all their commit- ments relating to national minorities and persons belonging to them in the Helsinki Final Act, the Madrid Concluding Document and the Vienna Concluding Document, the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, the Document of the Cracow Symposium on the Cultural Heritage as well as the Charter of Paris for a New Europe, the participating States present below the summary of their conclusions.
The representatives of the participating States took as the fundamental basis of their work the commitments undertaken by them with respect to national minorities as contained in the rele- vant adopted CSCE documents, in particular those in the Charter of Paris for a New Europe and the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, which they fully reaffirmed.
II.
The participating States stress the continued importance of a thorough review of implementation of their CSCE commitments relating to persons belonging to national minorities.
They emphasize that human rights and fundamental freedoms are the basis for the protection and promotion of rights of persons belonging to national minorities. They further recognize that questions relating to national minorities can only be satisfactorily resolved in a democratic polit- ical framework based on the rule of law, with a functioning independent judiciary. This frame- work guarantees full respect for human rights and fundamental freedoms, equal rights and status for all citizens, including persons belonging to national minorities, the free expression of all their legitimate interests and aspirations, political pluralism, social tolerance and the implementation of legal rules that place effective restraints on the abuse of governmental power.
Issues concerning national minorities, as well as compliance with international obligations and com- mitments concerning the rights of persons belonging to them, are matters of legitimate international concern and consequently do not constitute exclusively an internal affair of the respective State.
They note that not all ethnic, cultural, linguistic or religious differences necessarily lead to the creation of national minorities.
III.
Respecting the right of persons belonging to national minorities to effective participation in pub- lic affairs, the participating States consider that when issues relating to the situation of national minorities are discussed within their countries, they themselves should have the effective oppor- tunity to be involved, in accordance with the decision – making procedures of each State. They further consider that appropriate democratic participation of persons belonging to national minor- ities or their representatives in decision-making or consultative bodies constitutes an important element of effective participation in public affairs.
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They consider that special efforts must be made to resolve specific problems in a constructive man- ner and through dialogue by means of negotiations and consultations with a view to improving the situation of persons belonging to national minorities. They recognize that the promotion of dialogue between States, and between States and persons belonging to national minorities, will be most successful when there is a free flow of information and ideas between all parties. They encour- age unilateral, bilateral and multilateral efforts by governments to explore avenues for enhancing the effectiveness of their implementation of CSCE commitments relating to national minorities.
The participating States further consider that respect for human rights and fundamental freedoms must be accorded on a non-discriminatory basis throughout society. In areas inhabited mainly by persons belonging to a national minority, the human rights and fundamental freedoms of per- sons belonging to that minority, of persons belonging to the majority population of the respec- tive State, and of persons belonging to other national minorities residing in these areas will be equally protected.
They reconfirm that persons belonging to national minorities have the right freely to express, pre- serve and develop their ethnic, cultural, linguistic or religious identity and to maintain and develop their culture in all its aspects, free of any attempts at assimilation against their will.
They will permit the competent authorities to inform the Office for Free Elections of all scheduled public elections on their territories, including those held below national level. The participating States will consider favourably, to the extent permitted by law, the presence of observers at elec- tions held below the national level, including in areas inhabited by national minorities, and will endeavour to facilitate their access.
IV.
The participating States will create conditions for persons belonging to national minorities to have equal opportunity to be effectively involved in the public life, economic activities, and building of their societies.
In accordance with paragraph 31 of the Copenhagen Document, the participating States will take the necessary measures to prevent discrimination against individuals, particularly in respect of employment, housing and education, on the grounds of belonging or not belonging to a national minority. In that context, they will make provision, if they have not yet done so, for effective recourse to redress for individuals who have experienced discriminatory treatment on the grounds of their belonging or not belonging to a national minority, including by making available to individual victims of discrimination a broad array of administrative and judicial remedies.
The participating States are convinced that the preservation of the values and of the cultural herit- age of national minorities requires the involvement of persons belonging to such minorities and that tolerance and respect for different cultures are of paramount importance in this regard. Accord- ingly, they confirm the importance of refraining from hindering the production of cultural mate- rials concerning national minorities, including by persons belonging to them.
The participating States affirm that persons belonging to a national minority will enjoy the same rights and have the same duties of citizenship as the rest of the population.
The participating States reconfirm the importance of adopting, where necessary, special measures for the purpose of ensuring to persons belonging to national minorities full equality with the other citizens in the exercise and enjoyment of human rights and fundamental freedoms. They further
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recall the need to take the necessary measures to protect the ethnic, cultural, linguistic and reli- gious identity of national minorities on their territory and create conditions for the promotion of that identity; any such measures will be in conformity with the principles of equality and non-dis- crimination with respect to the other citizens of the participating State concerned.
They recognize that such measures, which take into account, inter alia, historical and territorial circumstances of national minorities, are particularly important in areas where democratic insti- tutions are being consolidated and national minorities issues are of special concern.
Aware of the diversity and varying constitutional systems among them, which make no single approach necessarily generally applicable, the participating States note with interest that positive results have been obtained by some of them in an appropriate democratic manner by, inter alia: • advisory and decision-making bodies in which minorities are represented, in particular with regard to education, culture and religion; • elected bodies and assemblies of national minority affairs; • local and autonomous administration, as well as autonomy on a territorial basis, including the existence of consultative, legislative and executive bodies chosen through free and periodic elections; • self-administration by a national minority of aspects concerning its identity in situations where autonomy on a territorial basis does not apply; • decentralized or local forms of government; • bilateral and multilateral agreements and other arrangements regarding national minorities; • for persons belonging to national minorities, provision of adequate types and levels of educa- tion in their mother tongue with due regard to the number, geographic settlement patterns and cultural traditions of national minorities; • funding the teaching of minority languages to the general public, as well as the inclusion of minority languages in teacher-training institutions, in particular in regions inhabited by per- sons belonging to national minorities; • in cases where instruction in a particular subject is not provided in their territory in the minor- ity language at all levels, taking the necessary measures to find means of recognizing diplomas issued abroad for a course of study completed in that language; • creation of government research agencies to review legislation and disseminate information related to equal rights and non-discrimination; • provision of financial and technical assistance to persons belonging to national minorities who so wish to exercise their right to establish and maintain their own educational, cultural and reli- gious institutions, organizations and associations; • governmental assistance for addressing local difficulties relating to discriminatory practices (e.g. a citizens relations service); • encouragement of grassroots community relations efforts between minority communities, between majority and minority communities, and between neighbouring communities shar- ing borders, aimed at helping to prevent local tensions from arising and address conflicts peace- fully should they arise; and • encouragement of the establishment of permanent mixed commissions, either inter-State or regional, to facilitate continuing dialogue between the border regions concerned.
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The participating States are of the view that these or other approaches, individually or in com- bination, could be helpful in improving the situation of national minorities on their territories.
V.
The participating States respect the right of persons belonging to national minorities to exercise and enjoy their rights alone or in community with others, to establish and maintain organiza- tions and associations within their country, and to participate in international non-governmen- tal organizations.
The participating States reaffirm, and will not hinder the exercise of, the right of persons belong- ing to national minorities to establish and maintain their own educational, cultural and religious institutions, organizations and associations.
In this regard, they recognize the major and vital role that individuals, non-governmental organi- zations, and religious and other groups play in fostering cross-cultural understanding and improv- ing relations at all levels of society, as well as across international frontiers.
They believe that the first-hand observations and experience of such organizations, groups, and individuals can be of great value in promoting the implementation of CSCE commitments relat- ing to persons belonging to national minorities. They therefore will encourage and not hinder the work of such organizations, groups and individuals and welcome their contributions in this area.
VI.
The participating States, concerned by the proliferation of acts of racial, ethnic and religious hatred, anti-semitism, xenophobia and discrimination, stress their determination to condemn, on a con- tinuing basis, such acts against anyone.
In this context, they reaffirm their recognition of the particular problems of Roma (gypsies). They are ready to undertake effective measures in order to achieve full equality of opportunity between persons belonging to Roma ordinarily resident in their State and the rest of the resident population. They will also encourage research and studies regarding Roma and the particular problems they face.
They will take effective measures to promote tolerance, understanding, equality of opportunity and good relations between individuals of different origins within their country.
Further, the participating States will take effective measures, including the adoption, in con- formity with their constitutional law and their international obligations, if they have not already done so, of laws that would prohibit acts that constitute incitement to violence based on national, racial, ethnic or religious discrimination, hostility or hatred, including anti-semitism, and poli- cies to enforce such laws.
Moreover, in order to heighten public awareness of prejudice and hatred, to improve enforcement of laws against hate-related crime and otherwise to further efforts to address hatred and prejudice in society, they will make efforts to collect, publish on a regular basis, and make available to the public, data about crimes on their respective territories that are based on prejudice as to race, eth- nic identity or religion, including the guidelines used for the collection of such data. These data should not contain any personal information.
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They will consult and exchange views and information at the international level, including at future meetings of the CSCE, on crimes that manifest evidence of prejudice and hate.
VII.
Convinced that the protection of the rights of persons belonging to national minorities necessitates free flow of information and exchange of ideas, the participating States emphasize the importance of communication between persons belonging to national minorities without interference by pub- lic authorities and regardless of frontiers. The exercise of such rights may be subject only to such restrictions as are prescribed by law and are consistent with international standards. They reaf- firm that no one belonging to a national minority, simply by virtue of belonging to such a minor- ity, will be subject to penal or administrative sanctions for having had contacts within or outside his/her own country.
In access to the media, they will not discriminate against anyone based on ethnic, cultural, lin- guistic or religious grounds. They will make information available that will assist the electronic mass media in taking into account, in their programmes, the ethnic, cultural, linguistic and reli- gious identity of national minorities.
They reaffirm that establishment and maintenance of unimpeded contacts among persons belong- ing to a national minority, as well as contacts across frontiers by persons belonging to a national minority with persons with whom they share a common ethnic or national origin, cultural heritage or religious belief, contributes to mutual understanding and promotes good-neighbourly relations.
They therefore encourage transfrontier co-operation arrangements on a national, regional and local level, inter alia, on local border crossings, the preservation of and visits to cultural and his- torical monuments and sites, tourism, the improvement of traffic, the economy, youth exchange, the protection of the environment and the establishment of regional commissions.
They will also encourage the creation of informal working arrangements (e.g. workshops, commit- tees both within and between the participating States) where national minorities live, to discuss issues of, exchange experience on, and present proposals on, issues related to national minorities.
With a view to improving their information about the actual situation of national minorities, the participating States will, on a voluntary basis distribute, through the CSCE Secretariat, informa- tion to other participating States about the situation of national minorities in their respective ter- ritories, as well as statements of national policy in that respect.
The participating States will deposit with the CSCE Secretariat copies of the contributions made in the Plenary of the CSCE Meeting of Experts on National Minorities which they wish to be avail- able to the public.
VIII.
The participating States welcome the positive contribution made by the representatives of the United Nations and the Council of Europe to the proceedings of the Geneva Meeting of Experts on National Minorities. They note that the work and activities of these organizations will be of continuing relevance to the CSCE’s consideration of national minorities issues.
The participating States note that appropriate CSCE mechanisms may be of relevance in address- ing questions relating to national minorities. Further, they recommend that the third Meeting of
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the Conference on the Human Dimension of the CSCE consider expanding the Human Dimen- sion Mechanism. They will promote the involvement of individuals in the protection of their rights, including the rights of persons belonging to national minorities.
Finally, the representatives of the participating States request the Executive Secretary of the Meet- ing to transmit this Report to the third Meeting of the Conference on the Human Dimension of the CSCE.
83 Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE Moscow 1991
(…)
The participating States renew their commitment to implement fully all the principles and provi- sions of the Final Act of the Conference on Security and Co-operation in Europe, of the Charter of Paris for a New Europe and of the other CSCE documents relating to the human dimension, including, in particular, the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, and are determined to achieve still further progress in the imple- mentation of these provisions, as full respect for human rights and fundamental freedoms and the development of societies based on pluralistic democracy and the rule of law are prerequisites for a lasting order of peace, security, justice and co-operation in Europe.
In this context, the participating States underlined that, in accordance with the Final Act of the Conference on Security and Co-operation in Europe and the Charter of Paris for a New Europe, the equal rights of peoples and their right to self-determination are to be respected in conform- ity with the Charter of the United Nations and the relevant norms of international law, including those relating to territorial integrity of States.
At the Moscow Meeting views were expressed by the participating States on the implementation of their commitments in the field of the human dimension. They considered that the degree of compliance with the commitments contained in the relevant provisions of the CSCE documents had shown further substantial improvement since the Copenhagen Meeting. They also consid- ered that, in spite of the significant progress made, serious threats to and violations of CSCE prin- ciples and provisions continue to exist and have a sobering effect on the assessment of the over all situation in Europe. In particular, they deplored acts of discrimination, hostility and violence against persons or groups on national, ethnic or religious grounds. The participating States there- fore expressed the view that, for the full realization of their commitments relating to the human dimension, continued efforts are still required which should benefit substantially from the pro- found political changes that have occurred.
The participating States emphasize that issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern, as respect for these rights and free- doms constitutes one of the foundations of the international order. They categorically and irrevo- cably declare that the commitments undertaken in the field of the human dimension of the CSCE are matters of direct and legitimate concern to all participating States and do not belong exclu- sively to the internal affairs of the State concerned. They express their determination to fulfil all of their human dimension commitments and to resolve by peaceful means any related issue, indi- vidually and collectively, on the basis of mutual respect and co-operation. In this context they rec- ognize that the active involvement of persons, groups, organizations and institutions is essential to ensure continuing progress in this direction.
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The participating States express their collective determination to further safeguard human rights and fundamental freedoms and to consolidate democratic advances in their territories. They also recognize a compelling need to increase the CSCE’s effectiveness in addressing human rights con- cerns that arise in their territories at this time of profound change in Europe.
In order to strengthen and expand the human dimension mechanism described in the section on the human dimension of the CSCE in the Concluding Document of the Vienna Meeting and to build upon and deepen the commitments set forth in the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, the participating States adopt the following:
I
(1) The participating States emphasize that the human dimension mechanism described in para- graphs 1 to 4 of the section on the human dimension of the CSCE in the Vienna Concluding Doc- ument constitutes an essential achievement of the CSCE process, having demonstrated its value as a method of furthering respect for human rights, fundamental freedoms, democracy and the rule of law through dialogue and co-operation and assisting in the resolution of specific relevant ques- tions. In order to improve further the implementation of the CSCE commitments in the human dimension, they decide to enhance the effectiveness of this mechanism and to strengthen and expand it as outlined in the following paragraphs.
(2) The participating States amend paragraphs 42.1 and 42.2 of the Document of the Copenha- gen Meeting to the effect that they will provide in the shortest possible time, but no later than ten days, a written response to requests for information and to representations made to them in writ- ing by other participating States under paragraph 1 of the human dimension mechanism. Bilat- eral meetings, as referred to in paragraph 2 of the human dimension mechanism, will take place as soon as possible, and as a rule within one week of the date of the request.
(3) A resource list comprising up to three experts appointed by each participating State will be established without delay at the CSCE Institution.* The experts will be eminent persons, prefer- ably experienced in the field of the human dimension, from whom an impartial performance of their functions may be expected.
The experts will be appointed for a period of three to six years at the discretion of the appoint- ing State, no expert serving more than two consecutive terms. Within four weeks after notifica- tion by the CSCE Institution of the appointment, any participating State may make reservations regarding no more than two experts to be appointed by another participating state. In such case, the appointing State may, within four weeks of being notified of such reservations, reconsider its decision and appoint another expert or experts; if it confirms the appointment originally intended, the expert concerned cannot take part in any procedure with respect to the State having made the reservation without the latter’s express consent
The resource list will become operational as soon as 45 experts have been appointed.
(4) A participating State may invite the assistance of a CSCE mission, consisting of up to three experts, to address or contribute to the resolution of questions in its territory relating to the human dimension of the CSCE. In such case, the State will select the person or persons concerned from the resource list. The mission of experts will not include the participating State’s own nationals or
* The Council will take the decision on the institution.
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residents or any of the persons it appointed to the resource list or more than one national or res- ident of any particular State.
The inviting State will inform without delay the CSCE Institution when a mission of experts is established, which in turn will notify all participating States. The CSCE institutions will also, whenever necessary, provide appropriate support to such a mission.
(5) The purpose of a mission of experts is to facilitate resolution of a particular question or prob- lem relating to the human dimension of the CSCE. Such mission may gather the information nec- essary for carrying out its tasks and, as appropriate, use its good offices and mediation services to promote dialogue and co-operation among interested parties. The State concerned will agree with the mission on the precise terms of reference and may thus assign any further functions to the mission of experts, inter alia, fact-finding and advisory services, in order to suggest ways and means of facilitating the observance of CSCE commitments.
(6) The inviting State will co-operate fully with the mission of experts and facilitate its work. It will grant the mission all the facilities necessary for the independent exercise of its functions. It will, inter alia, allow the mission, for the purpose of carrying out its tasks, to enter its territory with- out delay, to hold discussions and to travel freely therein, to meet freely with officials, non-gov- ernmental organizations and any group or person from whom it wishes to receive information. The mission may also receive information in confidence from any individual, group or organi- zation on questions it is addressing. The members of such missions will respect the confidential nature of their task.
The participating States will refrain from any action against persons, organizations or institutions on account of their contact with the mission of experts or of any publicly available information transmitted to it. The inviting State will comply with any request from a mission of experts to be accompanied by officials of that State if the mission considers this to be necessary to facilitate its work or guarantee its safety.
(7) The mission of experts will submit its observations to the inviting State as soon as possible, pref- erably within three weeks after the mission has been established. The inviting State will transmit the observations of the mission, together with a description of any action it has taken or intends to take upon it, to the other participating States via the CSCE Institution no later than three weeks after the submission of the observations.
These observations and any comments by the inviting State may be discussed by the Committee of Senior Officials, which may consider any possible follow-up action. The observations and com- ments will remain confidential until brought to the attention of the Senior Officials. Before the circulation of the observations and any comments, no other mission of experts may be appointed for the same issue.
(8) Furthermore, one or more participating States, having put into effect paragraphs 1 or 2 of the human dimension mechanism, may request that the CSCE Institution inquire of another partic- ipating State whether it would agree to invite a mission of experts to address a particular, clearly defined question on its territory relating to the human dimension of the CSCE. If the other par- ticipating State agrees to invite a mission of experts for the purpose indicated, the procedure set forth in paragraphs 4 to 7 will apply.
(9) If a participating State (a) has directed an enquiry under paragraph 8 to another participating State and that State has not established a mission of experts within a period of ten days after the
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enquiry has been made, or (b) judges that the issue in question has not been resolved as a result of a mission of experts, it may, with the support of at least five other participating States, initiate the establishment of a mission of up to three CSCE rapporteurs. Such a decision will be addressed to the CSCE Institution, which will notify without delay the State concerned as well as all the other participating States.
(10) The requesting State or States may appoint one person from the resource list to serve as a CSCE rapporteur. The requested State may, if it so chooses, appoint a further rapporteur from the resource list within six days after notification by the CSCE Institution of the appointment of the rapporteur. In such case the two designated rapporteurs, who will not be nationals or resi- dents of, or persons appointed to the resource list by any of the States concerned, will by common agreement and without delay appoint a third rapporteur from the resource list. In case they fail to reach agreement within eight days, a third rapporteur who will not be a national or resident of, or a person appointed to the resource list by any of the States concerned, will be appointed from the resource list by the ranking official of the CSCE body designated by the Council. The provisions of the second part of paragraph 4 and the whole of paragraph 6 also apply to a mission of rapporteurs.
(11) The CSCE rapporteur(s) will establish the facts, report on them and may give advice on pos- sible solutions to the question raised. The report of the rapporteur(s), containing observations of facts, proposals or advice, will be submitted to the participating State or States concerned and, unless all the States concerned agree otherwise, to the CSCE Institution no later than three weeks after the last rapporteur has been appointed. The requested State will submit any observations on the report to the CSCE Institution, unless all the States concerned agree otherwise, no later than three weeks after the submission of the report.
The CSCE Institution will transmit the report, as well as any observations by the requested State or any other participating State, to all participating States without delay. The report may be placed on the agenda of the next regular meeting of the Committee of Senior Officials, which may decide on any possible follow-up action. The report will remain confidential until after that meeting of the Committee. Before the circulation of the report no other rapporteur may be appointed for the same issue.
(12) If a participating State considers that a particularly serious threat to the fulfilment of the pro- visions of the CSCE human dimension has arisen in another participating State, it may, with the support of at least nine other participating States, engage the procedure set forth in paragraph 10. The provisions of paragraph 11 will apply.
(13) Upon the request of any participating State the Committee of Senior Officials may decide to establish a mission of experts or of CSCE rapporteurs. In such case the Committee will also deter- mine whether to apply the appropriate provisions of the preceding paragraphs.
(14) The participating State or States that have requested the establishment of a mission of experts or rapporteurs will cover the expenses of that mission. In case of the appointment of experts or rapporteurs pursuant to a decision of the Committee of Senior Officials, the expenses will be cov- ered by the participating States in accordance with the usual scale of distribution of expenses. These procedures will be reviewed by the Helsinki Follow-up Meeting of the CSCE.
(15) Nothing in the foregoing will in any way affect the right of participating States to raise within the CSCE process any issue relating to the implementation of any CSCE commitment, including any commitment relating to the human dimension of the CSCE.
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(16) In considering whether to invoke the procedures in paragraphs 9 and 10 or 12 regarding the case of an individual, participating States should pay due regard to whether that individual’s case is already sub judice in an international judicial procedure.
Any reference to the Committee of Senior Officials in this document is subject to the decision of that Committee and the Council.
II
(17) The participating States (17.1) – condemn unreservedly forces which seek to take power from a representative government of a participating State against the will of the people as expressed in free and fair elections and contrary to the justly established constitutional order; (17.2) – will support vigorously, in accordance with the Charter of the United Nations, in case of overthrow or attempted overthrow of a legitimately elected government of a participating State by undemocratic means, the legitimate organs of that State upholding human rights, democracy and the rule of law, recognizing their common commitment to countering any attempt to curb these basic values; (17.3) – recognize the need to make further peaceful efforts concerning human rights, democracy and the rule of law within the context of security and co-operation in Europe, individually and collectively, to make democratic advances irreversible and prevent any falling below the stand- ards laid down in the principles and provisions of the Final Act, the Vienna Concluding Docu- ment, the Document of the Copenhagen Meeting, the Charter of Paris for a New Europe and the present document.
(18) The participating States recall their commitment to the rule of law in the Document of the Copenhagen Meeting and affirm their dedication to supporting and advancing those principles of justice which form the basis of the rule of law. In particular, they again reaffirm that democ- racy is an inherent element in the rule of law and that pluralism is important in regard to politi- cal organizations. (18.1) Legislation will be formulated and adopted as the result of an open process reflecting the will of the people, either directly or through their elected representatives. (18.2) Everyone will have an effective means of redress against administrative decisions, so as to guarantee respect for fundamental rights and ensure legal integrity. (18.3) To the same end, there will be effective means of redress against administrative regulations for individuals affected thereby. (18.4) The participating States will endeavour to provide for judicial review of such regulations and decisions.
(19) The participating States (19.1) – will respect the internationally recognized standards that relate to the independence of judges and legal practitioners and the impartial operation of the public judicial service including, inter alia, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights; (19.2) – will, in implementing the relevant standards and commitments, ensure that the independ- ence of the judiciary is guaranteed and enshrined in the constitution or the law of the country and is respected in practice, paying particular attention to the Basic Principles on the Independence of the Judiciary, which, inter alia, provide for
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(i) prohibiting improper influence on judges; (ii) preventing revision of judicial decisions by administrative authorities, except for the rights of the competent authorities to mitigate or commute sentences imposed by judges, in conform- ity with the law; (iii) protecting the judiciary’s freedom of expression and association, subject only to such restric- tions as are consistent with its functions; (iv) ensuring that judges are properly qualified, trained and selected on a non-discriminatory basis; (v) guaranteeing tenure and appropriate conditions of service, including on the matter of pro- motion of judges, where applicable; (vi) respecting conditions of immunity; (vii) ensuring that the disciplining, suspension and removal of judges are determined accord- ing to law.
(20) For the promotion of the independence of the judiciary, the participating States will (20.1) – recognize the important function national and international associations of judges and lawyers can perform in strengthening respect for the independence of their members and in pro- viding education and training on the role of the judiciary and the legal profession in society; (20.2) – promote and facilitate dialogue, exchanges and co-operation among national associa- tions and other groups interested in ensuring respect for the independence of the judiciary and the protection of lawyers; (20.3) – co-operate among themselves through, inter alia, dialogue, contacts and exchanges in order to identify where problem areas exist concerning the protection of the independence of judges and legal practitioners and to develop ways and means to address and resolve such problems; (20.4) – co-operate on an ongoing basis in such areas as the education and training of judges and legal practitioners, as well as the preparation and enactment of legislation intended to strengthen respect for their independence and the impartial operation of the public judicial service.
(21) The participating States will (21.1) – take all necessary measures to ensure that law enforcement personnel, when enforcing public order, will act in the public interest, respond to a specific need and pursue a legitimate aim, as well as use ways and means commensurate with the circumstances, which will not exceed the needs of enforcement; (21.2) – ensure that law enforcement acts are subject to judicial control, that law enforcement per- sonnel are held accountable for such acts, and that due compensation may be sought, according to domestic law, by the victims of acts found to be in violation of the above commitments.
(22) The participating States will take appropriate measures to ensure that education and infor- mation regarding the prohibition of excess force by law enforcement personnel as well as rele- vant international and domestic codes of conduct are included in the training of such personnel.
(23) The participating States will treat all persons deprived of their liberty with humanity and with respect for the inherent dignity of the human person and will respect the internationally recog- nized standards that relate to the administration of justice and the human rights of detainees.
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(23.1) The participating States will ensure that (i) no one will be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law; (ii) anyone who is arrested will be informed promptly in a language which he understands of the reason for his arrest, and will be informed of any charges against him; (iii) any person who has been deprived of his liberty will be promptly informed about his rights according to domestic law; (iv) any person arrested or detained will have the right to be brought promptly before a judge or other officer authorized by law to determine the lawfulness of his arrest or detention, and will be released without delay if it is unlawful; (v) anyone charged with a criminal offence will have the right to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (vi) any person arrested or detained will have the right, without undue delay, to notify or to require the competent authority to notify appropriate persons of his choice of his arrest, deten- tion, imprisonment and whereabouts; any restriction in the exercise of this right will be pre- scribed by law and in accordance with international standards; (vii) effective measures will be adopted, if this has not already been done, to provide that law enforcement bodies do not take undue advantage of the situation of a detained or imprisoned person for the purpose of compelling him to confess, or otherwise to incriminate himself, or to force him to testify against any other person; (viii) the duration of any interrogation and the intervals between them will be recorded and cer- tified, consistent with domestic law; (ix) a detailed person or his counsel will have the right to make a request or complaint regard- ing his treatment, in particular when torture or other cruel, inhuman or degrading treatment has been applied, to the authorities responsible for the administration of the place of detention and to higher authorities, and when necessary, to appropriate authorities vested with reviewing or remedial power; (x) such request or complaint will be promptly dealt with and replied to without undue delay; if the request or complaint is rejected or in case of inordinate delay, the complainant will be enti- tled to bring it before a judicial or other authority; neither the detained or imprisoned person nor any complainant will suffer prejudice for making a request or complaint; (xi) anyone who has been the victim of an unlawful arrest or detention will have a legally enforce- able right to seek compensation. (23.2) The participating States will (i) endeavour to take measures, as necessary, to improve the conditions of individuals in deten- tion or imprisonment; (ii) pay particular attention to the question of alternatives to imprisonment.
(24) The participating States reconfirm the right to the protection of private and family life, dom- icile, correspondence and electronic communications. In order to avoid any improper or arbitrary intrusion by the State in the realm of the individual, which would be harmful to any democratic society, the exercise of this right will be subject only to such restrictions as are prescribed by law and are consistent with internationally recognized human rights standards. In particular, the par- ticipating States will ensure that searches and seizures of persons and private premises and prop- erty will take place only in accordance with standards that are judicially enforceable.
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(25) The participating States will (25.1) – ensure that their military and paramilitary forces, internal security and intelligence services, and the police are subject to the effective direction and control of the appropriate civil authorities; (25.2) – maintain and, where necessary, strengthen executive control over the use of military and paramilitary forces as well as the activities of the internal security and intelligence services and the police; (25.3) – take appropriate steps to create, wherever they do not already exist, and maintain effective arrangements for legislative supervision of all such forces, services and activities.
(26) The participating States reaffirm the right to freedom of expression, including the right to communication and the right of the media to collect, report and disseminate information, news and opinions. Any restriction in the exercise of this right will be prescribed by law and in accord- ance with international standards. They further recognize that independent media are essential to a free and open society and accountable systems of government and are of particular importance in safeguarding human rights and fundamental freedoms. (26.1) They consider that the print and broadcast media in their territory should enjoy unrestricted access to foreign news and information services. The public will enjoy similar freedom to receive and impart information and ideas without interference by public authority regardless of frontiers, including through foreign publications and foreign broadcasts. Any restriction in the exercise of this right will be prescribed by law and in accordance with international standards. (26.2) The participating States will not discriminate against independent media with respect to affording access to information, material and facilities.
(27) The participating States (27.1) – express their intention to co-operate in the field of constitutional, administrative, com- mercial, civil and social welfare laws and their relevant areas, in order to develop, particularly in States where they do not yet exist, legal systems based on respect for human rights, the rule of law and democracy; (27.2) – to this end, envisage the continuation and enhancement of bilateral and multilateral legal and administrative co-operation, inter alia, in the following fields: • development of an efficient administrative system; • assistance in formulating law and regulations; • training of administrative and legal staff; • exchange of legal works and periodicals.
(28) The participating States consider it important to protect human rights and fundamental free- doms during a state of public emergency, to take into account the relevant provisions of the Doc- ument of the Copenhagen Meeting, and to observer the international conventions to which they are parties. (28.1) The participating States reaffirm that a state of public emergency is justified only by the most exceptional and grave circumstances, consistent with the State’s international obligations and CSCE commitments. A state of public emergency may not be used to subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms. If recourse to force cannot be avoided, its use must be reasonable and lim- ited as far as possible.
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(28.2) A state of public emergency may be proclaimed only by a constitutionally lawful body, duly empowered to do so. In cases where the decision to impose a state of public emergency may be law- fully taken by the executive authorities, that decision should be subject to approval in the shortest possible time or to control by the legislature. (28.3) The decision to impose a state of public emergency will be proclaimed officially, publicly, and in accordance with provisions laid down by law. The decision will, where possible, lay down territorial limits of a state of public emergency. The State concerned will make available to its citi- zens information, without delay, about which measures have been taken. The state of public emer- gency will be lifted as soon as possible and will not remain in force longer than strictly required by the exigencies of the situation. (28.4) A de facto imposition or continuation of a state of public emergency not in accordance with provisions laid down by law is not permissible. (28.5) The participating States will endeavour to ensure that the normal functioning of the legis- lative bodies will be guaranteed to the highest possible extent during a state of public emergency. (28.6) The participating States confirm that any derogation from obligations relating to human rights and fundamental freedoms during a state of public emergency must remain strictly within the limits provided for by international law, in particular the relevant international instruments by which they are bound, especially with respect to rights from which there can be no derogation. (28.7) The participating States will endeavour to refrain from making derogations from those obli- gations from which, according to international conventions to which they are parties, derogation is possible under a state of public emergency. Measures derogating from such obligations must be taken in strict conformity with the procedural requirements laid down in those instruments. Such measures will neither go further nor remain in force longer than strictly required by the exigen- cies of the situation; they are by nature exceptional and should be interpreted and applied with restraint. Such measures will not discriminate solely on the grounds of race, colour, sex, language, religion, social origin or of belonging to a minority. (28.8) The participating States will endeavour to ensure that the legal guarantees necessary to uphold the rule of law will remain in force during a state of public emergency. They will endeav- our to provide in their law for control over the regulations related to the state of public emergency, as well as the implementation of such regulations. (28.9) The participating States will endeavour to maintain freedom of expression and freedom of information, consistent with their international obligations and commitments, with a view to ena- bling public discussion on the observance of human rights and fundamental freedoms as well as on the lifting of the state of public emergency. They will, in conformity with international standards regarding the freedom of expression, take no measures aimed at barring journalists from the legiti- mate exercise of their profession other than those strictly required by the exigencies of the situation. (28.10) When a state of public emergency is declared or lifted in a participating State, the State concerned will immediately inform the CSCE Institution* of this decision, as well as of any dero- gation made from the State’s international human rights obligations. The Institution will inform the other participating States without delay.
(29) The participating States, recognizing their common interest in promoting contacts and the exchange of information amongst Ombudsmen and other institutions entrusted with similar func- tions of investigating individual complaints of citizens against public authorities, note with appre- ciation an offer by Spain to host a meeting of Ombudsmen.
* The Council will take the decision on the institution.
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(30) The participating States suggest that the appropriate CSCE fora consider expanding the func- tions of the Office for Free Elections to enable it to assist in strengthening democratic institutions within the participating States.
(31) The participating States acknowledge the extensive experience and expertise of the Council of Europe in the field of human rights. They welcome its contribution to strengthening democracy in Europe, including its readiness to make its experience available to the CSCE.
III
(32) The participating States reaffirm their enduring commitment to the principles and provisions of the Final Act, the Vienna Concluding Document, and other relevant CSCE documents in which they undertook, inter alia, to respect human rights and fundamental freedoms and to ensure that they are guaranteed for all without distinction of any kind.
(33) The participating States will remove all legal and other restrictions with respect to travel within their territories for their own nationals and foreigners, and with respect to residence for those entitled to permanent residence, except those restrictions which may be necessary and offi- cially declared for military, safety, ecological or other legitimate government interests, in accord- ance with their national laws, consistent with CSCE commitments and international human rights obligations. The participating States undertake to keep such restrictions to a minimum.
(34) The participating States will adopt, where appropriate, all feasible measures to protect jour- nalists engaged in dangerous professional missions, particularly in cases of armed conflict, and will co-operate to that effect. These measures will include tracing mission journalists, ascertaining their fate, providing appropriate assistance and facilitating their return to their families.
(35) The participating States reaffirm that guaranteeing the freedom of artistic creation and pre- serving the cultural heritage form part of the human dimension of the CSCE. They consider that independent intellectual and cultural life is crucial for the maintenance of free societies and dem- ocratic institutions. They will implement their commitments in the cultural field, as laid down in the Document of the Cracow Symposium on the Cultural Heritage, and express the view that cultural issues, including cultural freedom, creativity and co-operation, should be further con- sidered in the CSCE.
(36) The participating States recall their commitment in the Vienna Concluding Document to keep the question of capital punishment under consideration and reaffirm their undertakings in the Document of the Copenhagen Meeting to exchange information on the question of the abo- lition of the death penalty and to make available to the public information regarding the use of the death penalty. (36.1) They note (i) that the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty entered into force on 11 July 1991; (ii) that a number of participating States have recently taken steps towards the abolition of cap- ital punishment; (iii) the activities of several non-governmental organizations concerning the question of the death penalty.
(37) The participating States confirm the provisions and commitments of all CSCE documents, in particular the Document of the Copenhagen Meeting of the Conference on the Human Dimension
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of the CSCE, concerning questions relating to national minorities and the rights of persons belong- ing to them, and the Report of the Geneva CSCE Meeting of Experts on National Minorities, and call for their full and early implementation. They believe that, in particular, the use of the new and expanded CSCE mechanisms and procedures will contribute to further protection and promotion of the rights of persons belonging to national minorities.
(38) The participating States recognize the need to ensure that the rights of migrant workers and their families lawfully residing in the participating States are respected and underline their right to express freely their ethnic, cultural, religious and linguistic characteristics. The exercise of such rights may be subject to such restrictions as are prescribed by law and are consistent with inter- national standards. (38.1) They condemn all acts of discrimination on the ground of race, colour and ethnic origin, intolerance and xenophobia against migrant workers. They will, in conformity with domestic law and international obligations, take effective measures to promote tolerance, understanding, equal- ity of opportunity and respect for the fundamental human rights of migrant workers and adopt, if they have not already done so, measures that would prohibit acts that constitute incitement to vio- lence based on national, racial, ethnic or religious discrimination, hostility or hatred. (38.2) They will adopt appropriate measures that would enable migrant workers to participate in the life of the society of the participating States. (38.3) They note that issues which concern the human dimension of migrant workers residing on their territory could, as any other issue of the human dimension, be raised under the human dimension mechanism. (38.4) They recommend that the CSCE in its future work on the human dimension consider appro- priate means to hold focused discussions on all issues regarding migrant workers, including, inter alia, familiarization with the language and social life of the country concerned.
(39) The participating States will (39.1) – increase their preparedness and co-operate fully to enable humanitarian relief operations to be undertaken speedily and effectively; (39.2) – take all necessary steps to facilitate speedy and unhindered access to the affected areas for such relief operations; (39.3) – make the necessary arrangements for those relief operations to be carried out.
(40) The participating States recognize that full and true equality between men and women is a fundamental aspect of a just and democratic society based on the rule of law. They recognize that the full development of society and the welfare of all its members require equal opportunity for full and equal participation of men and women#. In this context they will (40.1) – ensure that all CSCE commitments relating to the protection and promotion of human rights and fundamental freedoms are applied fully and without discrimination with regard to sex; (40.2) – comply with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), if they are parties, and, if they have not already done so, consider ratifying or acceding to this Convention; States that have ratified or acceded to this Convention with reserva- tions will consider withdrawing them; (40.3) – effectively implement the obligations in international instruments to which they are par- ties and take appropriate measures to implement the United Nations Nairobi Forward-looking Strategies for the Advancement of Women (FLS);
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(40.4) – affirm that it is their goal to achieve not only de jure but de facto equality of opportunity between men and women and to promote effective measures to that end; (40.5) – establish or strengthen national machinery, as appropriate, for the advancement of women in order to ensure that programmes and policies are assessed for their impact on women; (40.6) – encourage measures effectively to ensure full economic opportunity for women, includ- ing non-discriminatory employment policies and practices, equal access to education and train- ing, and measures to facilitate combining employment with family responsibilities for female and male workers; and will seek to ensure that any structural adjustment policies or programmes do not have an adversely discriminatory effect on women; (40.7) – seek to eliminate all forms of violence against women, and all forms of traffic in women and exploitation of prostitution of women including by ensuring adequate legal prohibitions against such acts and other appropriate measures; (40.8) – encourage and promote equal opportunity for full participation by women in all aspects of political and public life, in decision-making processes and in international co-operation in general; (40.9) – recognize the vital role women and women’s organizations play in national and interna- tional efforts to promote and enhance women’s rights by providing, inter alia, direct services and support to women and encouraging a meaningful partnership between governments and these organizations for the purpose of advancing equality for women; (40.10) – recognize the rich contribution of women to all aspects of political, cultural, social and economic life and promote a broad understanding of these contributions, including those made in the informal and unpaid sectors; (40.11) – take measures to encourage that information regarding women and women’s rights under international and domestic law is easily accessible; (40.12) – develop educational policies, consistent with their constitutional systems, to support the participation of women in all areas of study and work, including non-traditional areas, and encour- age and promote a greater understanding of issues relating to equality between men and women; (40.13) – ensure the collection and analysis of data to assess adequately, monitor and improve the situation of women; these data should not contain any personal information.
(41) The participating States decide (41.1) – to ensure protection of the human rights of persons with disabilities; (41.2) – to take steps to ensure the equal opportunity of such persons to participate fully in the life of their society; (41.3) – to promote the appropriate participation of such persons in decision-making in fields con- cerning them; (41.4) – to encourage services and training of social workers for the vocational and social rehabil- itation of persons with disabilities; (41.5) – to encourage favourable conditions for the access of persons with disabilities to public buildings and services, housing, transport, and cultural and recreational activities.
(42) The participating States (42.1) – affirm that human rights education is fundamental and that it is therefore essential that their citizens are educated on human rights and fundamental freedoms and the commitment to respect such rights and freedoms in domestic legislation and international instruments to which they may be parties;
95 Moscow 1991
(42.2) – recognize that effective human rights education contributes to combating intolerance, reli- gious, racial and ethnic prejudice and hatred, including against Roma, xenophobia and anti-sem- itism; (42.3) – will encourage their competent authorities responsible for education programmes to design effective human rights related curricula and courses for students at all levels, particularly students of law, administration and social sciences as well as those attending military, police and public service schools; (42.4) – will make information on all CSCE human dimension provisions available to their educators; (42.5) – will encourage organizations and educational establishments to co-operate in drawing up and exchanging human rights programmes at the national as well as the international level; (42.6) – will seek to ensure that activities undertaken with a view to promoting human rights edu- cation in the broader sense take into account experience, programmes and forms of co-operation within existing international governmental and non-governmental bodies, such as the United Nations and the Council of Europe.
(43) The participating States will recognize as NGOs those which declare themselves as such, accord- ing to existing national procedures, and will facilitate the ability of such organizations to conduct their national activities freely on their territories; to that effect they will (43.1) – endeavour to seek ways of further strengthening modalities for contacts and exchanges of views between NGOs and relevant national authorities and governmental institutions; (43.2) – endeavour to facilitate visits to their countries by NGOs from within any of the partici- pating States in order to observe human dimension conditions; (43.3) – welcome NGO activities, including, inter alia, observing compliance with CSCE commit- ments in the field of the human dimension; (43.4) – allow NGOs, in view of their important function within the human dimension of the CSCE, to convey their views to their own governments and the governments of all the other par- ticipating States during the future work of the CSCE on the human dimension. (43.5) During the future work of the CSCE on the human dimension, NGOs will have the oppor- tunity to distribute written contributions on specific issues of the human dimension of the CSCE to all delegations. (43.6) The CSCE Secretariat will, within the framework of the resources at its disposal, respond favourably to requests by NGOs for non-restricted documents of the CSCE. (43.7) Guidelines for the participation of NGOs in the future work of the CSCE on the human dimension might, inter alia, include the following: (i) NGOs should be allotted common space at such meeting sites or in their immediate vicinity for their use as well as reasonable access, at their own expense, to technical facilities, including photocopying machines, telephones and fax machines; (ii) NGOs should be informed and briefed on openness and access procedures in a timely man- ner; (iii) delegations to CSCE meetings should be further encouraged to include or invite NGO mem- bers.
The participating States recommend that the Helsinki Follow-up Meeting consider establishing such guidelines. (…)
96 Prague Document on Further Development of CSCE Institutions and Structures (Second Meeting of the Council of Ministers)
Prague 1992
(…)
III
Human dimension
6. The Ministers agreed that monitoring and promoting progress in the human dimension remains a key function of the CSCE.
7. Issues related to the human dimension will therefore be considered by the Council or the Com- mittee of Senior Officials whenever necessary.
8. In addition, meetings of a short duration may also be decided upon by the Committee of Senior Officials to address clearly defined issues. Results of such meetings will be submitted to the Coun- cil through the Committee of Senior Officials for consideration or decisions as required.
9. In order to extend practical co-operation among participating States in the human dimension, the Ministers decided to give additional functions to the Office for Free Elections which will hence- forth be called the Office for Democratic Institutions and Human Rights.
10. Under the general guidance of the CSO, the Office should, inter alia: • organize a short CSCE meeting at the seat of the Office for Democratic Institutions and Human Rights to address implementation of CSCE human dimension commitments every year in which a follow-up meeting does not take place. The Helsinki Follow – up Meeting will work out the organizational modalities for such meetings; • serve as an institutional framework for sharing and exchanging information on available tech- nical assistance, expertise, and national and international programmes aimed at assisting the new democracies in their institution-building; • facilitate contacts between those offering such resources and those wishing to make use of them; • develop co-operation with the Council of Europe in order to make use of its database of such resources and services; • establish contacts with non-governmental organizations active in the field of democratic institu- tion-building, with a view to enabling interested participating States to make use of their exten- sive resources and expertise;
97 Prague 1992
• facilitate co-operation in training and education in disciplines relevant to democratic institutions; • organize meetings and seminars among all participating States on subjects related to the build- ing and revitalization of democratic institutions, such as a short seminar on free media and, at an appropriate time, one on migration. These meetings and seminars will be held in Warsaw unless otherwise decided.
11. In order to avoid duplication of work specially in the fields enumerated above, the Ministers directed the Office to work closely with other institutions active in the field of democratic institu- tion-building and human rights, particularly the Council of Europe and the European Commis- sion for Democracy through Law.
12. The CSO will on an annual basis examine the need for meetings and seminars on the human dimension and democratic institutions and will establish a work programme.
13. The Ministers requested the Helsinki Follow-up Meeting to further specify the task of the War- saw Office and to decide how the human dimension activities of the CSCE may be further car- ried forward.
14. The Office for Democratic Institutions and Human Rights is designated as the CSCE institu- tion charged with the tasks in connection with expert and rapporteur missions according to the Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE.
15. The Office for Democratic Institutions and Human Rights will be connected to the CSCE com- munications network.
IV
Safeguarding human rights, democracy and the rule of law
16. The Council decided, in order to develop further the CSCE’s capability to safeguard human rights, democracy and the rule of law through peaceful means, that appropriate action may be taken by the Council or the Committee of Senior Officials, if necessary in the absence of the consent of the State concerned, in cases of clear, gross and uncorrected violations of relevant CSCE commit- ments. Such actions would consist of political declarations or other political steps to apply outside the territory of the State concerned. This decision is without prejudice to existing CSCE mechanisms.
17. The Council requested the Helsinki Follow-up Meeting to consider further modalities in apply- ing this decision.
VIII
Non-Governmental Organizations
42. The Council requests the Helsinki Follow-up Meeting to strengthen relations between the CSCE and non-governmental organizations, in order to increase the role of non-governmental organiza- tions in implementing CSCE goals and commitments. In particular, the Follow-up Meeting will develop opportunities and procedures for meaningful nongovernmental organization involve- ment in the CSCE and possibilities for non-governmental organizations to communicate with CSCE structures and institutions, recalling inter alia the texts on non-governmental organiza- tions agreed by the Sofia and Moscow Meetings and by the Oslo Seminar. (…)
98 Helsinki Document: The Challenges of Change (Summit of Heads of State or Government)
Helsinki 1992
Helsinki Summit Declaration
Promises and Problems of Change (…)
6. We welcome the commitment of all participating States to our shared values. Respect for human rights and fundamental freedoms, including the rights of persons belonging to national minorities, democracy, the rule of law, economic liberty, social justice and environmental responsibility are our common aims. They are immutable. Adherence to our commitments provides the basis for partic- ipation and co-operation in the CSCE and a cornerstone for further development of our societies.
7. We reaffirm the validity of the guiding principles and common values of the Helsinki Final Act and the Charter of Paris, embodying responsibilities of States towards each other and of govern- ments towards their people. These are the collective conscience of our community. We recognize our accountability to each other for complying with them. We underline the democratic rights of citizens to demand from their governments respect for these values and standards.
8. We emphasize that the commitments undertaken in the field of the human dimension of the CSCE are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned. The protection and promotion of the human rights and fundamental freedoms and the strengthening of democratic institutions con- tinue to be a vital basis for our comprehensive security. (…)
12. This is a time of promise but also a time of instability and insecurity. Economic decline, social tension, aggressive nationalism, intolerance, xenophobia and ethnic conflicts threaten stability in the CSCE area. Gross violations of CSCE commitments in the field of human rights and funda- mental freedoms, including those related to national minorities, pose a special threat to the peace- ful development of society, in particular in new democracies.
There is still much work to be done in building democratic and pluralistic societies, where diver- sity is fully protected and respected in practice. Consequently, we reject racial, ethnic and religious discrimination in any form. Freedom and tolerance must be taught and practised. (…)
99 Helsinki 1992
14. In times of conflict the fulfilment of basic human needs is most at risk. We will exert every effort to ensure that they are met and that humanitarian commitments are respected. We will strive to relieve suffering by humanitarian cease-fires and to facilitate the delivery of assistance under inter- national supervision, including its safe passage. We recognize that the refugee problems resulting from these conflicts require the co-operation of all of us. We express our support for and solidar- ity with those countries which bear the brunt of the refugee problems resulting from these con- flicts. In this context we recognize the need for co-operation and concerted action. (…)
We are further developing our possibilities for peaceful settlement of disputes.
21. Our approach is based on our comprehensive concept of security as initiated in the Final Act. This concept relates the maintenance of peace to the respect for human rights and fundamental freedoms. It links economic and environmental solidarity and cooperation with peaceful inter-State relations. This is equally valid in managing change as it was necessary in mitigating confrontation. (…)
26. We restate our unreserved condemnation of all acts, methods and practices of terrorism. We are determined to enhance our co-operation to eliminate this threat to security, democracy and human rights. To this end, we will take measures to prevent in our territories criminal activities that support acts of terrorism in other States. We will encourage exchange of information concerning terrorist activities. We will seek further effective avenues for co-operation as appropriate. We will also take the necessary steps at a national level to fulfil our international obligations in this field.
27. Illicit trafficking in drugs represents a danger to the stability of our societies and democratic institutions. We will act together to strengthen all forms of bilateral and multilateral co-operation in the fight against illicit trafficking in drugs and other forms of international organized crime.
Helsinki Decisions
I. Strengthening CSCE Institutions and Structures (…)
Assistance to the Chairman-in-Office (…)
Personal representatives
(22) When dealing with a crisis or a conflict, the Chairman-in-Office may, on his/her own respon- sibility, designate a personal representative with a clear and precise mandate in order to provide support. The Chairman-in-Office will inform the CSO of the intention to appoint a personal repre- sentative and of the mandate. In reports to the Council/ CSO, the Chairman-in-Office will include information on the activities of the personal representative as well as any observations or advice submitted by the latter.
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High Commissioner on National Minorities
(23) The Council will appoint a High Commissioner on National Minorities. The High Commis- sioner provides “early warning” and, as appropriate, “early action” at the earliest possible stage in regard to tensions involving national minority issues that have the potential to develop into a conflict within the CSCE area, affecting peace, stability, or relations between participating States. The High Commissioner will draw upon the facilities of the Office for Democratic Institutions and Human Rights (ODIHR) in Warsaw. (…)
Implementation reviews
(26) Thorough review of the implementation of CSCE commitments will continue to play a prom- inent role in CSCE activities, thus enhancing co-operation among participating States.
(27) Reviews of implementation will be held regularly at review conferences as well as at special meetings convened for this purpose at the ODIHR and the CPC, and when the CSO convenes as the Economic Forum as provided for in the relevant CSCE documents.
(28) These reviews of implementation will be of a co-operative nature, comprehensive in scope and at the same time able to address specific issues.
(29) The participating States will be invited to offer contributions on their implementation expe- rience, with particular reference to difficulties encountered, and to provide their views of imple- mentation throughout the CSCE area. Participating States are encouraged to circulate descriptions of contributions in advance of the meeting.
(30) Reviews should offer the opportunity to identify action which may be required to address problems. Meetings at which reviews of implementation take place may draw to the attention of the CSO any suggestions for measures to improve implementation which they deem advisable. (…)
II. CSCE High Commissioner on National Minorities
(1) The participating States decide to establish a High Commissioner on National Minorities.
Mandate
(2) The High Commissioner will act under the aegis of the CSO and will thus be an instrument of conflict prevention at the earliest possible stage.
(3) The High Commissioner will provide “early warning” and, as appropriate, “early action” at the earliest possible stage in regard to tensions involving national minority issues which have not yet developed beyond an early warning stage, but, in the judgement of the High Commissioner, have the potential to develop into a conflict within the CSCE area, affecting peace, stability or relations between participating States, requiring the attention of and action by the Council or the CSO.
(4) Within the mandate, based on CSCE principles and commitments, the High Commissioner will work in confidence and will act independently of all parties directly involved in the tensions.
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(5a) The High Commissioner will consider national minority issues occurring in the State of which the High Commissioner is a national or a resident, or involving a national minority to which the High Commissioner belongs, only if all parties directly involved agree, including the State concerned.
(5b) The High Commissioner will not consider national minority issues in situations involving organized acts of terrorism.
(5c) Nor will the High Commissioner consider violations of CSCE commitments with regard to an individual person belonging to a national minority.
(6) In considering a situation, the High Commissioner will take fully into account the availabil- ity of democratic means and international instruments to respond to it, and their utilization by the parties involved.
(7) When a particular national minority issue has been brought to the attention of the CSO, the involvement of the High Commissioner will require a request and a specific mandate from the CSO.
Profile, appointment, support
(8) The High Commissioner will be an eminent international personality with longstanding rele- vant experience from whom an impartial performance of the function may be expected.
(9) The High Commissioner will be appointed by the Council by consensus upon the recommen- dation of the CSO for a period of three years, which may be extended for one further term of three years only.
(10) The High Commissioner will draw upon the facilities of the ODIHR in Warsaw, and in particular upon the information relevant to all aspects of national minority questions available at the ODIHR.
Early warning
(11) The High Commissioner will: (11a) collect and receive information regarding national minority issues from sources described below (see Supplement paragraphs (23)-(25)); (11b) assess at the earliest possible stage the role of the parties directly concerned, the nature of the tensions and recent developments therein and, where possible, the potential consequences for peace and stability within the CSCE area; (11c) to this end, be able to pay a visit, in accordance with paragraph (17) and Supplement para- graphs (27)-(30), to any participating State and communicate in person, subject to the provisions of paragraph (25), with parties directly concerned to obtain firsthand information about the sit- uation of national minorities.
(12) The High Commissioner may during a visit to a participating State, while obtaining first-hand information from all parties directly involved, discuss the questions with the parties, and where appropriate promote dialogue, confidence and co-operation between them.
102 Helsinki 1992
Provision of early warning
(13) If, on the basis of exchanges of communications and contacts with relevant parties, the High Commissioner concludes that there is a prima facie risk of potential conflict (as set out in para- graph (3)) he/she may issue an early warning, which will be communicated promptly by the Chair- man-in-Office to the CSO.
(14) The Chairman-in-Office will include this early warning in the agenda for the next meeting of the CSO. If a State believes that such an early warning merits prompt consultation, it may initi- ate the procedure set out in Annex 2 of the Summary of Conclusions of the Berlin Meeting of the Council (“Emergency Mechanism”).
(15) The High Commissioner will explain to the CSO the reasons for issuing the early warning.
Early action
(16) The High Commissioner may recommend that he/she be authorized to enter into further con- tact and closer consultations with the parties concerned with a view to possible solutions, accord- ing to a mandate to be decided by the CSO. The CSO may decide accordingly.
Accountability
(17) The High Commissioner will consult the Chairman-in-Office prior to a departure for a par- ticipating State to address a tension involving national minorities. The Chairman – in-Office will consult, in confidence, the participating State(s) concerned and may consult more widely.
(18) After a visit to a participating State, the High Commissioner will provide strictly confiden- tial reports to the Chairman-in-Office on the findings and progress of the High Commissioner’s involvement in a particular question.
(19) After termination of the involvement of the High Commissioner in a particular issue, the High Commissioner will report to the Chairman-in-Office on the findings, results and conclu- sions. Within a period of one month, the Chairman-in-Office will consult, in confidence, on the findings, results and conclusions the participating State(s) concerned and may consult more widely. Thereafter the report, together with possible comments, will be transmitted to the CSO.
(20) Should the High Commissioner conclude that the situation is escalating into a conflict, or if the High Commissioner deems that the scope for action by the High Commissioner is exhausted, the High Commissioner shall, through the Chairman-in-Office, so inform the CSO.
(21) Should the CSO become involved in a particular issue, the High Commissioner will provide information and, on request, advice to the CSO, or to any other institution or organization which the CSO may invite, in accordance with the provisions of Chapter III of this document, to take action with regard to the tensions or conflict.
(22) The High Commissioner, if so requested by the CSO and with due regard to the requirement of confidentiality in his/her mandate, will provide information about his/ her activities at CSCE implementation meetings on Human Dimension issues.
103 Helsinki 1992
Supplement
Sources of information about national minority issues
(23) The High Commissioner may: (23a) collect and receive information regarding the situation of national minorities and the role of parties involved therein from any source, including the media and non-governmental organi- zations with the exception referred to in paragraph (25); (23b) receive specific reports from parties directly involved regarding developments concerning national minority issues. These may include reports on violations of CSCE commitments with respect to national minorities as well as other violations in the context of national minority issues.
(24) Such specific reports to the High Commissioner should meet the following requirements: • they should be in writing, addressed to the High Commissioner as such and signed with full names and addresses; • they should contain a factual account of the developments which are relevant to the situation of persons belonging to national minorities and the role of the parties involved therein, and which have taken place recently, in principle not more than 12 months previously. The reports should contain information which can be sufficiently substantiated.
(25) The High Commissioner will not communicate with and will not acknowledge communica- tions from any person or organization which practices or publicly condones terrorism or violence.
Parties directly concerned
(26) Parties directly concerned in tensions who can provide specific reports to the High Commis- sioner and with whom the High Commissioner will seek to communicate in person during a visit to a participating State are the following: (26a) governments of participating States, including, if appropriate, regional and local authorities in areas in which national minorities reside; (26b) representatives of associations, non-governmental organizations, religious and other groups of national minorities directly concerned and in the area of tension, which are authorized by the persons belonging to those national minorities to represent them. Conditions for travel by the High Commissioner
(27) Prior to an intended visit, the High Commissioner will submit to the participating State con- cerned specific information regarding the intended purpose of that visit. Within two weeks the State(s) concerned will consult with the High Commissioner on the objectives of the visit, which may include the promotion of dialogue, confidence and co-operation between the parties. After entry the State concerned will facilitate free travel and communication of the High Commissioner subject to the provisions of paragraph (25) above.
(28) If the State concerned does not allow the High Commissioner to enter the country and to travel and communicate freely, the High Commissioner will so inform the CSO.
(29) In the course of such a visit, subject to the provision of paragraph (25) the High Commissioner may consult the parties involved, and may receive information in confidence from any individual, group or organization directly concerned on questions the High Commissioner is addressing. The High Commissioner will respect the confidential nature of the information.
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(30) The participating States will refrain from taking any action against persons, organizations or institutions on account of their contact with the High Commissioner.
High Commissioner and involvement of experts
(31) The High Commissioner may decide to request assistance from not more than three experts with relevant expertise in specific matters on which brief, specialized investigation and advice are required.
(32) If the High Commissioner decides to call on experts, the High Commissioner will set a clearly defined mandate and time-frame for the activities of the experts.
(33) Experts will only visit a participating State at the same time as the High Commissioner. Their mandate will be an integral part of the mandate of the High Commissioner and the same condi- tions for travel will apply.
(34) The advice and recommendations requested from the experts will be submitted in confi- dence to the High Commissioner, who will be responsible for the activities and for the reports of the experts and who will decide whether and in what form the advice and recommendations will be communicated to the parties concerned. They will be nonbinding. If the High Commissioner decides to make the advice and recommendations available, the State(s) concerned will be given the opportunity to comment.
(35) The experts will be selected by the High Commissioner with the assistance of the ODIHR from the resource list established at the ODIHR as laid down in the Document of the Moscow Meeting.
(36) The experts will not include nationals or residents of the participating State concerned, or any person appointed by the State concerned, or any expert against whom the participating State has previously entered reservations. The experts will not include the participating State’s own nation- als or residents or any of the persons it appointed to the resource list, or more than one national or resident of any particular State.
Budget
(37) A separate budget will be determined at the ODIHR, which will provide, as appropriate, logis- tical support for travel and communication. The budget will be funded by the participating States according to the established CSCE scale of distribution. Details will be worked out by the Finan- cial Committee and approved by the CSO.
IV. Relations with International Organizations, Relations with Non-Participating States, Role of Non-Governmental Organizations (NGOs)
(1) The new tasks before the CSCE require clearer relations and closer contacts with international organizations, in particular with the United Nations, and non-participating States. The CSCE remains at the same time a process whose activities go far beyond formal relations among govern- ments to involve citizens and societies of the participating States. Successful efforts to build a last- ing peaceful and democratic order and to manage the process of change require more structured and substantive input from groups, individuals, States and organizations outside the CSCE process.
To this end, the participating States have decided as follows:
105 Helsinki 1992
Relations with international organizations
(2) The participating States, reaffirming their commitments to the Charter of the United Nations as subscribed to by them, declare their understanding that the CSCE is a regional arrangement in the sense of Chapter VIII of the Charter of the United Nations and as such provides an important link between European and global security. The rights and responsibilities of the United Nations Security Council remain unaffected in their entirety.
(3) Recalling the relevant decisions of the Prague Document, the participating States will improve contact and practical co-operation with appropriate international organizations.
(4) They may accordingly agree to invite presentations by those international organizations and institutions mentioned in the Prague Document and others, as appropriate.
(5) Those organizations, institutions and others as agreed may be invited to attend CSCE meetings and seminars as guests of honour with appropriate name-plates.
(6) They will make full use of the information exchange under paragraph 44 of the Prague Document.
Relations with non-participating Mediterranean States
(7) Recalling the provisions of the Final Act and other CSCE relevant documents and consistent with established practice, the non-participating Mediterranean States will continue to be invited to contribute to CSCE activities.
(8) Measures to widen the scope of co-operation with non-participating Mediterranean States are set forth in Chapter X.
Relations with non-participating States
(9) In accordance with paragraph 45 of the Prague Document, the participating States intend to deepen their co-operation and develop a substantial relationship with nonparticipating States, such as Japan, which display an interest in the CSCE, share its principles and objectives, and are actively engaged in European co-operation through relevant organizations.
(10) To this end, Japan will be invited to attend CSCE meetings, including those of Heads of State and Government, the CSCE Council, the Committee of Senior Officials and other appropriate CSCE bodies which consider specific topics of expanded consultation and co-operation.
(11) Representatives of Japan may contribute to such meetings, without participating in the prepa- ration and adoption of decisions, on subjects in which Japan has a direct interest and/or wishes to co-operate actively with the CSCE.
Increasing openness of CSCE activities, promoting understanding of the CSCE, expanding the role of NGOs
(12) The participating States will increase the openness of the CSCE institutions and structures and ensure wide dissemination of information on the CSCE.
(13) To this end:
106 Helsinki 1992
• the Chairman-in-Office assisted by the CSCE Secretariat will arrange briefings on the politi- cal consultation process; • the CSCE institutions will, within existing budgets, provide information to the public and organ- ize public briefings on their activities; • the Secretariat will facilitate the flow of information to and contacts with the media, bearing in mind that CSCE policy issues remain the responsibility of participating States.
(14) The participating States will provide opportunities for the increased involvement of non-gov- ernmental organizations in CSCE activities.
(15) They will, accordingly: • apply to all CSCE meetings the guidelines previously agreed for NGO access to certain CSCE meetings; • make open to NGOs all plenary meetings of review conferences, ODIHR seminars, workshops and meetings, the CSO when meeting as the Economic Forum, and human rights implementa- tion meetings, as well as other expert meetings. In addition each meeting may decide to open some other sessions to attendance by NGOs; • instruct Directors of CSCE institutions and Executive Secretaries of CSCE meetings to desig- nate an “NGO liaison person” from among their staff; • designate, as appropriate, one member of their Foreign Ministries and a member of their dele- gations to CSCE meetings to be responsible for NGO liaison; • promote contacts and exchanges of views between NGOs and relevant national authorities and governmental institutions between CSCE meetings; • facilitate during CSCE meetings informal discussion meetings between representatives of par- ticipating States and of NGOs; • encourage written presentations by NGOs to CSCE institutions and meetings, titles of which may be kept and provided to the participating States upon request; • provide encouragement to NGOs organizing seminars on CSCE-related issues; • notify NGOs through the CSCE institutions of the dates of future CSCE meetings, together with an indication, when possible, of the subjects to be addressed, as well as, upon request, the acti- vations of CSCE mechanisms which have been made known to all participating States.
(16) The above provisions will not be applied to persons or organizations which resort to the use of violence or publicly condone terrorism or the use of violence.
(17) The participating States will use all appropriate means to disseminate as widely as possible within their societies knowledge of the CSCE, its principles, commitments and activities.
(18) The concept of a CSCE Prize will be considered.
VI. The Human Dimension
(1) The participating States conducted a useful review of implementation of CSCE commitments in the Human Dimension. They based their discussion on the new community of values estab- lished among them, as set forth by the Charter of Paris for a New Europe and developed by the new standards created within the CSCE in recent years. They noted major progress in complying
107 Helsinki 1992
with Human Dimension commitments, but recognized developments of serious concern and thus the need for further improvement.
(2) The participating States express their strong determination to ensure full respect for human rights and fundamental freedoms, to abide by the rule of law, to promote the principles of democ- racy and, in this regard, to build, strengthen and protect democratic institutions, as well as to pro- mote tolerance throughout society. To these ends, they will broaden the operational framework of the CSCE, including by further enhancing the ODIHR, so that information, ideas, and concerns can be exchanged in a more concrete and meaningful way, including as an early warning of ten- sion and potential conflict. In doing so, they will focus their attention on topics in the Human Dimension of particular importance. They will therefore keep the strengthening of the Human Dimension under constant consideration, especially in a time of change.
(3) In this regard, the participating States adopt the following:
Framework for monitoring compliance with CSCE commitments and for promoting co-operation in the human dimension
(4) In order to strengthen and monitor compliance with CSCE commitments as well as to pro- mote progress in the Human Dimension, the participating States agree to enhance the framework of their co-operation and to this end decide the following:
Enhanced role of the ODIHR
(5) Under the general guidance of the CSO and in addition to its existing tasks as set out in the Charter of Paris for a New Europe and in the Prague Document on Further Development of CSCE Institutions and Structures, the ODIHR will, as the main institution of the Human Dimension: (5a) assist the monitoring of implementation of commitments in the Human Dimension by: • serving as a venue for bilateral meetings under paragraph 2 and as a channel for information under paragraph 3 of the Human Dimension Mechanism as set out in the Vienna Concluding Document; • receiving any comments from States visited by CSCE missions of relevance to the Human Dimen- sion other than those under the Human Dimension Mechanism; it will transmit the report of those missions as well as eventual comments to all participating States with a view to discus- sion at the next implementation meeting or review conference; • participating in or undertaking missions when instructed by the Council or the CSO; (5b) act as a clearing-house for information on: • a state of public emergency according to paragraph 28.10 of the Document of the Moscow Meet- ing of the Conference on the Human Dimension; • resource lists, and assistance, e.g. in the field of censuses or on democracy at a local and regional level, and the holding of national seminars on such issues; (5c) assist other activities in the field of the Human Dimension, including the building of demo- cratic institutions by: • fulfilling the tasks as defined in the “Programme of co-ordinated support to recently admitted participating States”;
108 Helsinki 1992
• arranging “Seminars on the democratic process” at the request of participating States. The same procedural provisions as set out in the “Programme of co-ordinated support for recently admit- ted participating States” will also apply to these seminars; • contributing, within the resources at its disposal, to the preparation of seminars at the request of one or more participating States; • providing, as appropriate, facilities to the High Commissioner on National Minorities; • communicating, as appropriate, with relevant international and non-governmental organizations; • consulting and co-operating with relevant bodies of the Council of Europe and those associ- ated with it, and examining how they can contribute, as appropriate, to the ODIHR’s activi- ties. The ODIHR will also, at the request of participating States, supply them with information about programmes within the framework of the Council of Europe which are open to all par- ticipating States.
(6) The activities on Human Dimension issues undertaken by the ODIHR may, inter alia, contrib- ute to early warning in the prevention of conflicts.
Human Dimension Mechanism
(7) In order to align the Human Dimension Mechanism with present CSCE structures and insti- tutions the participating States decide that:
Any participating State which deems it necessary may provide information on situations and cases which have been the subject of requests under paragraphs 1 or 2 of the chapter entitled the “Human Dimension of the CSCE” of the Vienna Concluding Document or on the results of those procedures, to the participating States through the ODIHR – which can equally serve as a venue for bilateral meetings under paragraph 2 – or diplomatic channels. Such information may be discussed at Meet- ings of the CSO, at implementation meetings on Human Dimension issues and review conferences.
(8) Procedures concerning the covering of expenses of expert and rapporteur missions of the Human Dimension Mechanism may be considered by the next review conference in the light of experience gained.
Implementation
Implementation meetings on Human Dimension Issues
(9) Every year in which a review conference does not take place, the ODIHR will organize a three- week meeting at expert-level of all participating States at its seat to review implementation of CSCE Human Dimension commitments. The meeting will perform the following tasks:
(9a) a thorough exchange of views on the implementation of Human Dimension commitments, including discussion on the information provided in accordance with paragraph 4 of the Human Dimension Mechanism and on the Human Dimension aspects of the reports of CSCE missions, as well as the consideration of ways and means of improving implementation;
(9b) an evaluation of the procedures for monitoring compliance with commitments.
(10) The implementation meeting may draw to the attention of the CSO measures to improve imple- mentation which it deems necessary.
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(11) The implementation meeting will not produce a negotiated document.
(12) Written contributions and information material will be of a non-restricted or restricted char- acter as indicated by the submitting State.
(13) Implementation meetings will be organized to meet in formal and informal sessions. All for- mal sessions will be open. In addition, the participating States may decide, on a case-by-case basis, to open informal sessions.
(14) The Council of Europe, the European Commission for Democracy through Law and the Euro- pean Bank for Reconstruction and Development (EBRD), as well as other relevant international organizations and institutions will be encouraged by the implementation meeting to attend and make contributions.
(15) Non-governmental organizations having relevant experience in the field of the Human Dimen- sion are invited to make written presentations to the implementation meeting, e.g. through the ODIHR, and may be invited by the implementation meeting, on the basis of their written pres- entations, to address specific questions orally as appropriate.
(16) During two half days in the course of the implementation meeting no formal session will be scheduled in order to provide better opportunities for possible contacts with NGOs. To this pur- pose, a hall at the meeting site will be placed at the disposal of NGOs.
CSCE Human Dimension seminars
(17) Under the general guidance of the CSO, the ODIHR will organize CSCE Human Dimension seminars which will address specific questions of particular relevance to the Human Dimension and of current political concern. The CSO will establish an annual work programme including the titles and dates of such seminars. The agenda and modalities of each seminar will be approved by the CSO at the latest three months before the seminar. In doing so, the CSO will take into account views expressed by the ODIHR. Unless otherwise decided, seminars will be held at the seat of the ODIHR and will not exceed one week. The work programme will take into account work by rele- vant international organizations and institutions.
(18) These seminars will be organized in an open and flexible manner. Relevant international organ- izations and institutions may be invited to attend and to make contributions. So may NGOs with relevant experience. Independent experts attending the seminar as members of national delega- tions will also be free to speak in their own capacity.
(19) CSCE seminars will be organized to meet in formal and informal sessions. All formal ses- sions will be open. In addition, the participating States may decide, on a case-bycase basis, to open informal sessions.
(20) CSCE seminars will not produce a negotiated document or follow-up programmes.
(21) Contributions by independent experts will be of a non-restricted character. (…)
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Enhanced commitments and co-operation in the Human Dimension
National minorities
The participating States
(23) Reaffirm in the strongest terms their determination to implement in a prompt and faithful manner all their CSCE commitments, including those contained in the Vienna Concluding Docu- ment, the Copenhagen Document and the Geneva Report, regarding questions relating to national minorities and rights of persons belonging to them;
(24) Will intensify in this context their efforts to ensure the free exercise by persons belonging to national minorities, individually or in community with others, of their human rights and funda- mental freedoms, including the right to participate fully, in accordance with the democratic deci- sion-making procedures of each State, in the political, economic, social and cultural life of their countries including through democratic participation in decision-making and consultative bod- ies at the national, regional and local level, inter alia, through political parties and associations;
(25) Will continue through unilateral, bilateral and multilateral efforts to explore further avenues for more effective implementation of their relevant CSCE commitments, including those related to the protection and the creation of conditions for the promotion of the ethnic, cultural, linguis- tic and religious identity of national minorities;
(26) Will address national minority issues in a constructive manner, by peaceful means and through dialogue among all parties concerned on the basis of CSCE principles and commitments;
(27) Will refrain from resettling and condemn all attempts, by the threat or use of force, to resettle persons with the aim of changing the ethnic composition of areas within their territories;
Indigenous populations
The participating States
(29) Noting that persons belonging to indigenous populations may have special problems in exer- cising their rights, agree that their CSCE commitments regarding human rights and fundamental freedoms apply fully and without discrimination to such persons.
Tolerance and non-discrimination
The participating States
(30) Express their concern over recent and flagrant manifestations of intolerance, discrimination, aggressive nationalism, xenophobia, anti-semitism and racism and stress the vital role of tolerance, understanding and co-operation in the achievement and preservation of stable democratic societies; (…)
(32) Will consider adhering to the International Convention on the Elimination of All Forms of Racial Discrimination, if they have not already done so;
111 Helsinki 1992
(33) Will consider taking appropriate measures within their constitutional framework and in con- formity with their international obligations to assure to everyone on their territory protection against discrimination on racial, ethnic and religious grounds, as well as to protect all individuals, includ- ing foreigners, against acts of violence, including on any of these grounds. Moreover, they will make full use of their domestic legal processes, including enforcement of existing laws in this regard;
(34) Will consider developing programmes to create the conditions for promoting nondiscrimi- nation and cross-cultural understanding which will focus on human rights education, grass-roots action, cross-cultural training and research;
(35) Reaffirm, in this context, the need to develop appropriate programmes addressing problems of their respective nationals belonging to Roma and other groups traditionally identified as Gyp- sies and to create conditions for them to have equal opportunities to participate fully in the life of society, and will consider how to co-operate to this end.
Migrant workers
The participating States
(36) Restate that human rights and fundamental freedoms are universal, that they are also enjoyed by migrant workers wherever they live and stress the importance of implementing all CSCE com- mitments on migrant workers and their families lawfully residing in the participating States;
(37) Will encourage the creation of conditions to foster greater harmony in relations between migrant workers and the rest of the society of the participating State in which they lawfully reside. To this end, they will seek to offer, inter alia, measures to facilitate the familiarization of migrant workers and their families with the languages and social life of the respective participating State in which they lawfully reside so as to enable them to participate in the life of the society of the host country;
(38) Will, in accordance with their domestic policies, laws and international obligations seek, as appropriate, to create the conditions for promoting equality of opportunity in respect of working conditions, education, social security and health services, housing, access to trade unions as well as cultural rights for lawfully residing and working migrant workers.
Refugees and displaced persons
The participating States
(39) Express their concern over the problem of refugees and displaced persons;
(40) Emphasize the importance of preventing situations that may result in mass flows of refugees and displaced persons and stress the need to identify and address the root causes of displacement and involuntary migration;
(41) Recognize the need for international co-operation in dealing with mass flows of refugees and displaced persons;
(42) Recognize that displacement is often a result of violations of CSCE commitments, including those relating to the Human Dimension;
112 Helsinki 1992
(43) Reaffirm the importance of existing international standards and instruments related to the protection of and assistance to refugees and will consider acceding to the Convention relating to the Status of Refugees and the Protocol, if they have not already done so;
(44) Recognize the importance of the United Nations High Commissioner for Refugees and the International Committee of the Red Cross, as well as of non-governmental organizations involved in relief work, for the protection of and assistance to refugees and displaced persons;
(45) Welcome and support unilateral, bilateral and multilateral efforts to ensure protection of and assistance to refugees and displaced persons with the aim of finding durable solutions; (…)
International humanitarian law
The participating States
(47) Recall that international humanitarian law is based upon the inherent dignity of the human person;
(48) Will in all circumstances respect and ensure respect for international humanitarian law includ- ing the protection of the civilian population;
(49) Recall that those who violate international humanitarian law are held personally accountable;
(50) Acknowledge the essential role of the International Committee of the Red Cross in promot- ing the implementation and development of international humanitarian law, including the Geneva Conventions and their relevant Protocols;
(51) Reaffirm their commitment to extend full support to the International Committee of the Red Cross, as well as to the Red Cross and Red Crescent Societies, and to the United Nations organi- zations, particularly in times of armed conflict, respect their protective emblems, prevent the mis- use of these emblems and, as appropriate, exert all efforts to ensure access to the areas concerned;
(52) Commit themselves to fulfilling their obligation to teach and disseminate information about their obligations under international humanitarian law.
Democracy at a local and regional level
The participating States
(53) Will endeavour, in order to strengthen democratic participation and institution building and in developing co-operation among them, to share their respective experience on the functioning of democracy at a local and regional level, and welcome against this background the Council of Europe information and education network in this field;
(54) Will facilitate contacts and encourage various forms of co-operation between bodies at a local and regional level.
113 Helsinki 1992
Nationality
The participating States
(55) Recognize that everyone has the right to a nationality and that no one should be deprived of his/her nationality arbitrarily;
(56) Underline that all aspects of nationality will be governed by the process of law. They will, as appropriate, take measures, consistent with their constitutional framework not to increase state- lessness;
(57) Will continue within the CSCE the discussion on these issues.
Capital punishment
The participating States
(58) Confirm their commitments in the Copenhagen and Moscow Documents concerning the question of capital punishment.
Free media
The participating States
(59) Direct the ODIHR to organize a CSCE Human Dimension Seminar on Free Media, to be held in 1993. The goal of the Seminar will be to encourage the discussion, demonstration, establish- ment of contacts and exchange of information between governmental representatives and media practitioners.
Education
The participating States
(60) Would welcome, in view of the importance of education as to the dissemination of the ideas of democracy, human rights and democratic institutions, especially in a period of change, the organization to this end of a seminar entitled “Education: Structures, Policies and Strategies” by the Council of Europe, open to all participating States.
Compilation of Human Dimension commitments
The participating States
(61) Welcome the drawing up of compilations of existing CSCE Human Dimension commitments in order to promote greater understanding for the implementation of these commitments.
Domestic implementation guidelines
The participating States
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(62) Will promote, where appropriate, the drawing up of guidelines to assist the effective imple- mentation of domestic legislation on human rights issues related to CSCE commitments. (…)
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Document of the Third Meeting of the CSCE Council of Ministers Stockholm 1992
Summary of Conclusions of the Stockholm Council Meeting
Shaping a New Europe – the Role of the CSCE (…)
The Ministers expressed their continuing commitment to use the CSCE to consolidate human rights, democracy, the rule of law and economic freedom as the foundation for peace, security and stability and to prevent, manage and solve conflicts in the CSCE area.
The Ministers condemned the extended use of force in Europe which has bred ever more violence and hatred. They strongly rejected continuing flagrant violations of human rights. They commit- ted themselves to act to counter the growing manifestations of racism, anti-semitism and all forms of intolerance in the CSCE area. (…)
Important aspects of the CSCE strategy include: (…) • Emphasizing the CSCE’s ability to provide early warning through the appointment of a High Commissioner on National Minorities who will enjoy the full political support of all partici- pating States; • Active use of missions and representatives as part of preventive diplomacy to promote dialogue, stability and provide for early warning; • Effective use of missions and representatives in crisis areas as part of a strategy of consultation, negotiation and concerted action to limit conflicts before they become violent; • Co-operating, as appropriate, with international organizations and with individual participat- ing States to ensure that the broad spectrum of CSCE mechanisms and procedures, including peacekeeping, can be applied; • Increased efforts at treating the root causes of conflicts by applying all aspects of the human dimension of the CSCE and by involving non-governmental organizations and individual citi- zens more directly in the work of the CSCE; • Making all governments accountable to each other for their behaviour towards their citizens and towards neighbouring States and holding individuals personally accountable for war crimes and acts in violation of international humanitarian law; (…)
116 Stockholm 1992
Decisions (…)
2. The CSCE as a Community of Values
The CSCE’s comprehensive concept of security relates peace, security and prosperity directly to the observance of human rights and democratic freedoms. Many of the present problems are linked to the failure to observe CSCE commitments and principles.
The human dimension mechanisms of the CSCE are being used increasingly as a major foundation for the CSCE’s efforts at early warning and conflict prevention. Their further elaboration and uti- lization will strengthen considerably the CSCE’s ability to pursue the root causes of tensions and to refine its mechanisms for early warning on potentially dangerous situations.
The Ministers welcomed the strengthened role of the Office for Democratic Institutions and Human Rights and the appointment of the High Commissioner on National Minorities as especially use- ful steps towards integrating the human dimension more fully into the political consultations and concerted action of the participating States (…) They expressed the hope that newly-admitted par- ticipating States would make particular use of the opportunities provided by these institutions.
Compliance with CSCE commitments is of fundamental importance. Monitoring of compliance provides governments of participating States with crucial information on which they can formu- late policy (…)
The Ministers expressed their profound concern at the recent manifestations of aggressive nation- alism, xenophobia, anti-semitism, racism and other violations of human rights. Violations of inter- national humanitarian law and CSCE principles and commitments, such as “ethnic cleansing”, or mass deportation, endangered the maintenance of peace, security and democracy and will not be tolerated. They were convinced that increased attention should be paid by the CSCE, and in par- ticular by the Committee of Senior Officials and the High Commissioner on National Minorities, to these threats to human rights and fundamental freedoms. The CSO will report on this issue to the Council of Ministers at its next Meeting, when the Council will consider developments.
The Ministers also stressed the important role the Human Dimension of the CSCE should play in longer-term conflict prevention. They underlined the need for positive action aimed at fostering understanding, tolerance and national and local preventive action. They emphasized the impor- tance of direct contact between experts, governmental and non-governmental, through the series of Human Dimension seminars successfully begun by the CSCE Seminar on Tolerance (…)
The increasing problem of refugees and displaced persons is an issue of major concern to all par- ticipating States, particularly in conflicts where the fulfilment of basic human needs is most at risk. The Ministers deplored the plight of civil populations most affected in such conflicts and called on all participating States to contribute to a concerted effort to share the common burden. All Gov- ernments are accountable to each other for their behaviour towards their citizens and towards their neighbours. Individuals are to be held personally accountable for war crimes and acts in violation of international humanitarian law. (…)
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3. High Commissioner on National Minorities
The Council appointed Mr. Max van der Stoel as CSCE High Commissioner on National Minori- ties (HCNM) to strengthen the CSCE’s capacity for early warning and preventive diplomacy. The High Commissioner will act within the mandate laid down in the Helsinki Document. The Min- isters expressed their support for the High Commissioner and their readiness to co-operate with him in the execution of his complex but crucial task of identifying and containing at the earliest possible stage tensions involving national minority issues which have the potential to develop into a conflict within the CSCE area.
The Ministers encouraged the High Commissioner to analyse carefully potential areas of tension, to visit any participating State and to undertake wide-ranging discussions at all levels with parties directly involved in the issues. In this context, the High Commissioner may discuss the questions with the parties and, where appropriate, promote dialogue, confidence and co-operation between them at all levels, to enhance political solutions in line with CSCE principles and commitments.
The Ministers undertook to provide the High Commissioner with relevant information at their disposal on national minority issues, fully respecting the independence of the High Commissioner in accordance with the mandate. (…)
118 Document of the Fourth Meeting of the CSCE Council of Ministers Rome 1993
CSCE and the New Europe – Our Security is indivisible (…)
The Ministers expressed deep concern that threats to peace and stability proliferate and that cri- ses, widespread violence and open confrontations persist. They strongly condemned the increasing violations of human rights and humanitarian law and the attempt of countries to acquire territo- ries by the use of force. The increasing flow of refugees and appalling human suffering caused by armed conflicts must be urgently alleviated. The Ministers reiterated the personal accountability of those responsible for crimes against humanity.
Despite these events, there is encouraging progress in human rights, democracy and the rule of law in several parts of the CSCE area. The Ministers expressed satisfaction with the spread of free elections and development of democratic institutions registered in many participating States. The Ministers intended to ensure that the CSCE provided appropriate support for these efforts. (…)
The Ministers stressed the need to make wider use of CSCE capabilities in early warnings and pre- ventive diplomacy and to further integrate the human dimension in this endeavour. They com- mended the contribution of the High Commissioner on National Minorities to the development of these capabilities.
They furthermore welcomed an increased role of the Office for Democratic Institutions and Human Rights in the human dimension, as well as the contributions of the CSCE missions in the field of conflict prevention and crisis management. The goal of further efforts should be to improve abil- ities to address potential crises at an early stage. (…)
To give substance and direction to their commitments, the Ministers have agreed on an action pro- gramme to be implemented through the decisions which they have adopted today.
These decisions, inter alia, address the following issues: (…) (c) The role of the High Commissioner for National Minorities will be enhanced. (d) The human dimension will be further integrated into the CSCE political consultation process: the ODIHR will be reinforced. (…)
119 Rome 1993
(j) The role of the CSCE in combating aggressive nationalism, racism, chauvinism, xenophobia and anti-semitism will be strengthened.
Decisions of the Rome Council Meeting (…)
III. High Commissioner on National Minorities
Bearing in mind the close interrelationship between questions relating to national minorities and conflict prevention, the Ministers encouraged the High Commissioner on National Minorities (HCNM) to pursue his activities under his Mandate. They recognized the HCNM as an innovative and effective asset in early warning and preventive diplomacy. The Ministers stressed the impor- tance of participating States co-operating fully with the High Commissioner and supporting fol- low-up and implementation of his recommendations. They welcomed the decision by the CSO to increase the resources available to the HCNM.
IV. The Human Dimension
1. The Ministers reiterated that human dimension issues are fundamental to the comprehensive security concept of the CSCE. They noted that adherence to human dimension commitments remains to be consolidated in large parts of the CSCE area, and expressed particular concern that civilians continue to be the victims of atrocities in ongoing conflicts in the CSCE area. Concerned by the root causes of tension stemming from historical prejudices, the Ministers called for efforts, inter alia, through education, to promote tolerance and consciousness of belonging to a system of common values. The Ministers stressed that implementation of human dimension commitments must be a focus of attention in the CSCE’s conflict prevention efforts.
2. To this end the Ministers decided to strengthen the instruments of conflict prevention and early warning which are available within the human dimension of the CSCE. They emphasized the need in this context for enhanced co-operation and co-ordination with relevant international organiza- tions such as the Council of Europe, as well as with non-governmental organizations.
The following decisions were taken:
3. The political consultation process and CSCE missions • In order to further political consideration and action under the human dimension, the deci- sion-making bodies of the CSCE will consider human dimension issues on a regular basis as an integral part of deliberations relating to European security. Resources and information will be made available by the ODIHR in support of such consideration. • Further emphasis will be given to human dimension issues in mandates of CSCE missions as well as in the follow-up of mission reports. To this end the ODIHR will be given an enhanced role in the preparation of CSCE missions, inter alia, in providing information and advice to mis- sions in accordance with its expertise. • In the context of conflict prevention and crisis management, the issue of mass migration, namely displaced persons and refugees, will be addressed, as appropriate, by the CSO and the Perma- nent Committee of the CSCE, taking into account the role of other relevant international bodies.
4. Office for Democratic Institutions and Human Rights
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The Ministers decided to strengthen the ODIHR’s functions and operations. Inter alia, the ODIHR will enhance its activities under its mandate in the following areas: • the building of an expanded database of experts in fields relevant to the human dimension. Par- ticipating States and non-governmental organizations are requested to inform the ODIHR of experts available in fields relevant to the human dimension; • enhancement of its role in comprehensive election monitoring; • strengthened co-operation with relevant international organizations in order to coordinate activ- ities and identify possible areas of joint endeavour; • receiving information provided by NGOs having relevant experience in the human dimen- sion field; • serving as a point of contact for information provided by participating States in accordance with CSCE commitments; • disseminating general information on the human dimension, and international humanitarian law.
The Ministers determined that in order to fulfil its new tasks, the ODIHR should be granted addi- tional resources. They requested the CSO to consider the financial and administrative implications of strengthening the ODIHR as outlined above.
5. Streamlining the Moscow Mechanism
Recognizing the Moscow Mechanism as a significant inter-governmental instrument for follow-up within the human dimension, the Ministers agreed to develop its effectiveness and promote its use, by expanding the resource list and shortening time-frames under the mechanism. Also the Per- manent Committee of the CSCE will be empowered to trigger the mechanism as well as to take follow-up action based on rapporteur’s reports. To this end it was decided to modify the mecha- nism in accordance with annex A.
6. Building on the work of the Implementation Meeting on Human Dimension Issues and the Human Dimension Seminars • The Ministers attached significance to the outcome of the first Implementation Meeting on Human Dimension Issues, as well as the human dimension seminars conducted. The results of the Implementation Meeting of Human Dimension Issues were welcomed and the CSO and the Permanent Committee of the CSCE were tasked to consider relevant follow-up to them. • Enhanced follow-up by the political bodies of the CSCE based on summaries of meetings and seminars in the human dimension will be sought. The ODIHR, in consultation with interested participating States, is invited to present further proposals for appropriate follow-up action result- ing from human dimension seminars to forthcoming CSO or Permanent Committee meetings. • The Ministers expressed their appreciation of the work carried out at the Seminar on Free Media to stimulate editorially independent broadcast media and a free press. They reiterated their com- mitment to safeguard freedom of expression, a basic human right, and stressed the necessity of independent media for a free and open society. To this end the Ministers decided that better use should be made of the CSCE human dimension instruments to promote open and diverse media, including exploring the possibility of utilizing CSCE missions. (…)
121 Rome 1993
VIII. Integration of recently admitted Participating States
(…)
2. The Ministers underlined the importance of the Human Dimension in the further integration of the recently admitted participating States. While many of these States are in a difficult period of political and economic transition, the Ministers expressed their expectation that the recently admitted participating States would do their utmost to ensure the implementation in their coun- tries of all CSCE principles and commitments, also in times of crisis. They commended the role played by the ODIHR in helping to build democratic institutions in the recently admitted partici- pating States. They requested the ODIHR to intensify its efforts to identify and implement co-oper- ation projects with these States within the framework of the Programme or Co-ordinated Support. They noted also the important contribution made by the Human Dimension seminars organized by the ODIHR to increased understanding of the problems arising from the process of integra- tion. They agreed on the importance of making full use of the experience gained at these seminars. (…)
X. Declaration on Aggressive Nationalism, Racism, Chauvinism, Xenophobia and Anti-Semitism
1. Recalling their decisions taken at the Stockholm Council Meeting, the Ministers noted with deep concern the growing manifestations of aggressive nationalism, such as territorial expansionism, as well as racism, chauvinism, xenophobia and anti-semitism. These run directly counter to the principles and commitments of the CSCE.
2. The Ministers also noted that these phenomena can lead to violence, secessionism by the use of force and ethnic strife, and in their worst instances to the barbaric practices of mass deportation, ethnic cleansing and violence against innocent civilians.
3. Aggressive nationalism, racism, chauvinism, xenophobia and anti-semitism create ethnic, politi- cal and social tensions within and between States. They also undermine international stability and worldwide efforts to place universal human rights on a firm foundation.
4. The Ministers focused attention on the need for urgent action to enforce the strict observance of the norms of international humanitarian law, including the prosecution and punishment of those guilty of war crimes and other crimes against humanity.
5. The Ministers agreed that the CSCE must play an important role in these efforts. The clear stand- ards of behaviour reflected in CSCE commitments include active support for the equal rights of all individuals in accordance with international law and for the protection of national minorities.
6. The Ministers decided to keep this issue high on the agenda of the CSCE and therefore decided: • to task the Permanent Committee to study possible follow-up actions; • to invite the High Commissioner on National Minorities, in light of his mandate, to pay par- ticular attention to all aspects of aggressive nationalism, racism, chauvinism, xenophobia and anti-semitism; • to request the ODIHR to pay special attention to these phenomena and to apply resources as necessary on addressing these problems. (…)
122 Rome 1993
Annex A
The procedures in paragraphs 3, 7, 11, 13 and 14 of the 1991 Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE are modified to read as follows (all changes have been underlined):
(3) A resource list comprising up to six experts appointed by each participating State will be estab- lished without delay at the CSCE Institution. The experts will be eminent persons, including where possible experts with experience related to national minority issues, preferably experienced in the field of the human dimension, from whom an impartial performance of their functions may be expected.
The experts will be appointed for a period of three to six years at the discretion of the appoint- ing State, no expert serving more than two consecutive terms. Within four weeks after notifica- tion by the CSCE Institution of the appointment, any participating State may make reservations regarding no more than two experts to be appointed by another participating State. In such case, the appointing State may, within four weeks of being notified of such reservations, reconsider its decision and appoint another expert or experts; if it confirms the appointment originally intended, the expert concerned cannot take part in any procedure with respect to the State having made the reservation without the latter’s express consent.
The resource list will become operational as soon as 45 experts have been appointed.
(7) The mission of experts will submit its observations to the inviting State as soon as possible, pref- erably within three weeks after the mission has been established. The inviting State will transmit the observations of the mission, together with a description of any action it has taken or intends to take upon it, to the other participating States via the CSCE Institution no later than two weeks after the submission of the observations.
These observations and any comments by the inviting State may be discussed by the Committee of Senior Officials, which may consider any possible follow-up action. The observations and com- ments will remain confidential until brought to the attention of the Senior Officials. Before the circulation of the observations and any comments, no other mission of experts may be appointed for the same issue.
(11) The CSCE rapporteur(s) will establish the facts, report on them and may give advice on pos- sible solutions to the question raised. The report of the rapporteur(s), containing observations of facts, proposals or advice, will be submitted to the participating State or States concerned and, unless all the States concerned agree otherwise, to the CSCE Institution no later than two weeks after the last rapporteur has been appointed. The requested State will submit any observations on the report to the CSCE Institution, unless all the States concerned agree otherwise, no later than two weeks after the submission of the report.
The CSCE Institution will transmit the report, as well as any observations by the requested State or any other participating State, to all participating States without delay.
The report will be placed on the agenda of the next regular meeting of the Committee of Senior Officials or of the Permanent Committee of the CSCE, which may decide on any possible follow-up action. The report will remain confidential until after that meeting of the Committee. Before the circulation of the report no other rapporteur may be appointed for the same issue.
123 Rome 1993
(13) Upon the request of any participating State the Committee of Senior Officials or the Perma- nent Committee of the CSCE may decide to establish a mission of experts or of CSCE rapporteurs. In such case the Committee will also determine whether to apply the appropriate provisions of the preceding paragraphs.
(14) The participating State or States that have requested the establishment of a mission of experts or rapporteurs will cover the expenses of that mission. In case of the appointment of experts or rapporteurs pursuant to a decision of the Committee of Senior Officials or of the Permanent Com- mittee of the CSCE, the expenses will be covered by the participating States in accordance with the usual scale of distribution of expenses. These procedures will be reviewed by the Helsinki Fol- low-up Meeting of the CSCE.
124 Budapest Document: Towards a Genuine Partnership in a New Era (Summit of Heads of State or Government)
Budapest 1994
Budapest Summit Declaration (…)
7. (…) The CSCE’s democratic values are fundamental to our goal of a community of nations with no divisions, old or new, in which the sovereign equality and the independence of all States are fully respected, there are no spheres of influence and the human rights and fundamental freedoms of all individuals, regardless of race, colour, sex, language, religion, social origin or of belonging to a minority, are vigorously protected. (…)
14. We confirm the significance of the Human Dimension in all the activities of the CSCE. Respect for human rights and fundamental freedoms, democracy and the rule of law is an essential compo- nent of security and co-operation in the CSCE region. It must remain a primary goal of CSCE action. Periodic reviews of implementation of our commitments, fundamental throughout the CSCE, are critical in the Human Dimension. The enhanced capabilities of the Office for Democratic Institu- tions and Human Rights will continue to assist participating States, in particular those in transi- tion. We underline the importance of human contacts in overcoming the legacy of old divisions. (…)
Budapest Decisions
I. Strengthening the CSCE
1. The new era of security and co-operation in Europe has led to a fundamental change in the CSCE and to a dramatic growth in its role in shaping our common security area. To reflect this the CSCE will henceforth be known as the Organization for Security and Co-operation in Europe (OSCE). The change in name will be effective on 1 January 1995. As of this date, all references to the CSCE will henceforth be considered as references to the OSCE. (…)
3. The Heads of State or Government have directed that the future role and functions of the CSCE will include the following: (…)
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5. – to ensure full implementation of all CSCE commitments; (…)
11. – to develop further CSCE work in the field of human rights and fundamental freedoms, and other areas of the human dimension; (…)
14. To accomplish these objectives, the CSCE will function as follows:
15. The next Meeting of Heads of State or Government will take place in 1996 in Lisbon preceded by a preparatory meeting. The Summit will decide on the frequency of future Summit meetings.
16. The Ministerial Council (formerly the CSCE Council) as the central decision-making and gov- erning body of the CSCE will meet, as a rule, towards the end of every term of chairmanship at the level of Foreign Ministers.
17. The Senior Council (replacing the Committee of Senior Officials) will meet in Prague twice a year, at the minimum. An additional meeting will be held before the Ministerial Council Meeting. The Senior Council will discuss and set forth policy and broad budgetary guidelines. The partici- pating States are encouraged to be represented at the level of political directors or at a correspond- ing level. The Senior Council will also be convened as the Economic Forum.
18. The Permanent Council (formerly the Permanent Committee) will be the regular body for political consultation and decision-making. It can also be convened for emergency purposes. It will meet in Vienna and be composed of the permanent representatives of the participating States.
19. Overall responsibility for executive action will remain with the Chairman-in-Office (CIO). The CIO will continue to take full advantage of his/her mandate, inter alia, by dispatching per- sonal representatives. The CIO will be assisted by the Troika. The term of chairmanship will nor- mally last one calendar year.
20. The Secretary General will continue to take full advantage of his/her mandate and in support of the CIO will be more actively involved in all aspects of the management of the CSCE. He/she participates in Troika ministerial meetings.
21. The continuation of the activities of the High Commissioner on National Minorities will be sup- ported and his/her resources will be enhanced. The participating States will increase their efforts to implement his/her recommendations.
22. The work of CSCE missions will be given political support and follow-up from the Perma- nent Council. In order to ensure the fulfilment of their tasks, the necessary human and financial resources will be committed by the participating States.
23. The CSCE Office for Democratic Institutions and Human Rights will be strengthened in play- ing an important role in CSCE activities.
24. The CIO will continue to maintain close contacts and an active dialogue with the Parliamen- tary Assembly (PA). The CIO will draw the recommendations of the PA to the attention of the Per- manent Council and inform the PA on the activities of the CSCE.
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25. The current mode of review of implementation of all CSCE commitments will be maintained. The review meeting before each Summit will be held in Vienna. (…)
IV. Code of Conduct on Politico-Military Aspects of Security
Preamble
The participating States of the Conference on Security and Co-operation in Europe (CSCE),
Recognizing the need to enhance security co-operation, including through the further encourage- ment of norms of responsible and co-operative behaviour in the field of security,
Confirming that nothing in this Code diminishes the validity and applicability of the purposes and principles of the Charter of the United Nations or of other provisions of international law,
Reaffirming the undiminished validity of the guiding principles and common values of the Hel- sinki Final Act, the Charter of Paris and the Helsinki Document 1992, embodying responsibili- ties of States towards each other and of governments towards their people, as well as the validity of other CSCE commitments,
Have adopted the following Code of Conduct on politico-military aspects of security:
I
1. The participating States emphasize that the full respect for all CSCE principles embodied in the Helsinki Final Act and the implementation in good faith of all commitments undertaken in the CSCE are of fundamental importance for stability and security, and consequently constitute a matter of direct and legitimate concern to all of them.
2. The participating States confirm the continuing validity of their comprehensive concept of secu- rity, as initiated in the Final Act, which relates the maintenance of peace to the respect for human rights and fundamental freedoms. It links economic and environmental co-operation with peace- ful inter-State relations. (…)
II
6. The participating States will not support terrorist acts in any way and will take appropriate meas- ures to prevent and combat terrorism in all its forms. They will co-operate fully in combating the threat of terrorist activities through implementation of international instruments and commit- ments they agree upon in this respect. They will, in particular, take steps to fulfil the requirements of international agreements by which they are bound to prosecute or extradite terrorists. (…)
VI
17. The participating States commit themselves to co-operate, including through development of sound economic and environmental conditions, to counter tensions that may lead to conflict. The
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sources of such tensions include violations of human rights and fundamental freedoms and of other commitments in the human dimension; manifestations of aggressive nationalism, racism, chauvinism, xenophobia and anti-semitism also endanger peace and security.
18. The participating States stress the importance both of early identification of potential conflicts and of their joint efforts in the field of conflict prevention, crisis management and peaceful set- tlement of disputes.
19. In the event of armed conflict, they will seek to facilitate the effective cessation of hostilities and seek to create conditions favourable to the political solution of the conflict. They will co-op- erate in support of humanitarian assistance to alleviate suffering among the civilian population, including facilitating the movement of personnel and resources dedicated to such tasks.
VII
20. The participating States consider the democratic political control of military, paramilitary and internal security forces as well as of intelligence services and the police to be an indispensable ele- ment of stability and security. They will further the integration of their armed forces with civil society as an important expression of democracy.
21. Each participating State will at all times provide for and maintain effective guidance to and control of its military, paramilitary and security forces by constitutionally established authorities vested with democratic legitimacy. Each participating State will provide controls to ensure that such authorities fulfil their constitutional and legal responsibilities. They will clearly define the roles and missions of such forces and their obligation to act solely within the constitutional framework.
22. Each participating State will provide for its legislative approval of defence expenditures. Each participating State will, with due regard to national security requirements, exercise restraint in its military expenditures and provide for transparency and public access to information related to the armed forces.
23. Each participating State, while providing for the individual service member’s exercise of his or her civil rights, will ensure that its armed forces as such are politically neutral.
24. Each participating State will provide and maintain measures to guard against accidental or unauthorized use of military means.
25. The participating States will not tolerate or support forces that are not accountable to or con- trolled by their constitutionally established authorities. If a participating State is unable to exercise its authority over such forces, it may seek consultations within the CSCE to consider steps to be taken.
26. Each participating State will ensure that in accordance with its international commitments its paramilitary forces refrain from the acquisition of combat mission capabilities in excess of those for which they were established.
27. Each participating State will ensure that the recruitment or call-up of personnel for service in its military, paramilitary and security forces is consistent with its obligations and commitments in respect of human rights and fundamental freedoms.
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28. The participating States will reflect in their laws or other relevant documents the rights and duties of armed forces personnel. They will consider introducing exemptions from or alternatives to military service.
29. The participating States will make widely available in their respective countries the interna- tional humanitarian law of war. They will reflect, in accordance with national practice, their com- mitments in this field in their military training programmes and regulations.
30. Each participating State will instruct its armed forces personnel in international humanitar- ian law, rules, conventions and commitments governing armed conflict and will ensure that such personnel are aware that they are individually accountable under national and international law for their actions.
31. The participating States will ensure that armed forces personnel vested with command author- ity exercise it in accordance with relevant national as well as international law and are made aware that they can be held individually accountable under those laws for the unlawful exercise of such authority and that orders contrary to national and international law must not be given. The respon- sibility of superiors does not exempt subordinates from any of their individual responsibilities.
32. Each participating State will ensure that military, paramilitary and security forces personnel will be able to enjoy and exercise their human rights and fundamental freedoms as reflected in CSCE documents and international law, in conformity with relevant constitutional and legal pro- visions and with the requirements of service.
33. Each participating State will provide appropriate legal and administrative procedures to pro- tect the rights of all its forces personnel.
VIII
34. Each participating State will ensure that its armed forces are, in peace and in war, commanded, manned, trained and equipped in ways that are consistent with the provisions of international law and its respective obligations and commitments related to the use of armed forces in armed con- flict, including as applicable the Hague Conventions of 1907 and 1954, the Geneva Conventions of 1949 and the 1977 Protocols Additional thereto, as well as the 1980 Convention on the Use of Certain Conventional Weapons.
35. Each participating State will ensure that its defence policy and doctrine are consistent with international law related to the use of armed forces, including in armed conflict, and the relevant commitments of this Code.
36. Each participating State will ensure that any decision to assign its armed forces to internal secu- rity missions is arrived at in conformity with constitutional procedures. Such decisions will pre- scribe the armed forces’ missions, ensuring that they will be performed under the effective control of constitutionally established authorities and subject to the rule of law. If recourse to force cannot be avoided in performing internal security missions, each participating State will ensure that its use must be commensurate with the needs for enforcement. The armed forces will take due care to avoid injury to civilians or their property.
37. The participating States will not use armed forces to limit the peaceful and lawful exercise of their human and civil rights by persons as individuals or as representatives of groups nor to deprive them of their national, religious, cultural, linguistic or ethnic identity.
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IX
38. Each participating State is responsible for implementation of this Code. If requested, a par- ticipating State will provide appropriate clarification regarding its implementation of the Code. Appropriate CSCE bodies, mechanisms and procedures will be used to assess, review and improve if necessary the implementation of this Code.
X
39. The provisions adopted in this Code of Conduct are politically binding. Accordingly, this Code is not eligible for registration under Article 102 of the Charter of the United Nations. This Code will come into effect on 1 January 1995.
40. Nothing in this Code alters the nature and content of the commitments undertaken in other CSCE documents.
41. The participating States will seek to ensure that their relevant internal documents and proce- dures or, where appropriate, legal instruments reflect the commitments made in this Code.
42. The text of the Code will be published in each participating State, which will disseminate it and make it known as widely as possible.
VIII. The Human Dimension
Introduction
1. In their review of implementation of CSCE commitments in the human dimension, the partici- pating States based their discussion on the community of values established among them, which is reflected in the high standards created within the CSCE. During the discussion, it was noted that major progress had been made in compliance with human dimension commitments. The partic- ipating States acknowledged, however, that there was a serious deterioration in some areas and a need for action against the continuing violations of human rights and manifestations of aggres- sive nationalism, such as territorial expansionism, as well as racism, chauvinism, xenophobia and anti-semitism, which continue to cause human suffering.
2. Human rights and fundamental freedoms, the rule of law and democratic institutions are the foundations of peace and security, representing a crucial contribution to conflict prevention, within a comprehensive concept of security. The protection of human rights, including the rights of per- sons belonging to national minorities, is an essential foundation of democratic civil society. Neglect of these rights has, in severe cases, contributed to extremism, regional instability and conflict. The participating States confirmed that issues of implementation of CSCE commitments are of legiti- mate and common concern to all participating States, and that the raising of these problems in the cooperative and result-oriented spirit of the CSCE was therefore a positive exercise. They undertook to encourage implementation of CSCE commitments through enhanced dialogue, implementation reviews and mechanisms. They will broaden the operational framework of the CSCE, in particu- lar by enhancing the Office for Democratic Institutions and Human Rights (ODIHR), increas- ing its involvement in the work of the Permanent Council and mission activity, and furthering co-operation with international organizations and institutions active in human dimension areas.
3. The participation of non-governmental organizations (NGOs) was a welcome addition to the implementation review. In their statements, these organizations contributed ideas and raised issues
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of concern for participating States to take into consideration. They also informed the participat- ing States of their activities, such as in the area of conflict prevention and resolution. The experi- ence of the Budapest Review Conference invites further consideration with regard to promoting within the CSCE the dialogue between governments and NGOs of the participating States, in addi- tion to Stateto – State dialogue.
4. Reaffirming their commitments in the human dimension, the participating States, while con- sidering it essential to concentrate their efforts on the implementation of existing CSCE commit- ments, decide to enhance the framework of their co-operation and to this end adopt the following:
Enhancing Compliance with CSCE Commitments and Promoting Co-operation and Dialogue in the Human Dimension
Enhancing implementation
5. Building on the implementation review structures in the Helsinki Document 1992 and to improve human dimension implementation, the participating States will use the Permanent Council for an enhanced dialogue on the human dimension and for possible action in cases of non-imple- mentation. To this end, the participating States decide that human dimension issues will be regu- larly dealt with by the Permanent Council. They will draw more widely on the possibilities offered by the Moscow Mechanism for examining or promoting the solution of questions relating to the human dimension on their territory.
6. They encourage the Chairman-in-Office to inform the Permanent Council of serious cases of alleged non-implementation of human dimension commitments, including on the basis of infor- mation from the ODIHR, reports and recommendations of the High Commissioner on National Minorities (HCNM), or reports of the head of a CSCE mission and information from the State concerned.
7. The participating States reconfirm their appreciation for the HCNM, who has, fully in line with his mandate, been able to focus on, and to successfully address a number of national minority issues, taking also into account specific situations of participating States and of parties directly concerned. They encourage the HCNM to continue his present activities, and support him on tak- ing up new and further ones, including those related to his recommendations. They will increase their efforts to implement these recommendations.
Role of the ODIHR
8. The ODIHR, as the main institution of the human dimension, in consultation with the Chair- man-in-Office, will, acting in an advisory capacity, participate in discussions of the Senior Coun- cil and the Permanent Council, by reporting at regular intervals on its activities and providing information on implementation issues. It will provide supporting material for the annual review of implementation and, where necessary, clarify or supplement information received. Acting in close consultation with the Chairman-in-Office, the Director of the ODIHR may propose further action.
9. The participating States recognize the need for enhanced co-operation through the ODIHR with other international organizations and institutions active in the human dimension, includ- ing among others the United Nations High Commissioner for Human Rights, for the exchange of information, including reports, and for further developing of future-oriented activities, such as outlined in the present document.
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10. The participating States decide to • enhance the CSCE’s co-operation with other international organizations and institutions, in particular UNHCR and IOM, with a view to contributing to UNHCR’s preparation of a regional conference to address the problems of refugees, displaced persons, other forms of involuntary dis- placement and returnees in the countries of the Commonwealth of Independent States (CIS) and other interested neighbouring States, by establishing, after consultation in the informal Financial Committee, a temporary position, financed by voluntary contributions for a migration expert; • task the ODIHR to act as a clearing-house for the exchange of information on media issues in the region, and encourage governments, journalists and NGOs to provide the ODIHR with infor- mation on the situation of the media.
11. The ODIHR will be consulted on a CSCE mission’s mandate before adoption and will con- tribute to the follow-up of mission reports as decided by the Permanent Council. The ODIHR’s knowledge of experts on the human dimension should be used to help to staff CSCE missions. These missions will also designate a mission member to liaise with the ODIHR and with NGOs on human dimension issues.
12. The ODIHR will play an enhanced role in election monitoring, before, during and after elec- tions. In this context, the ODIHR should assess the conditions for the free and independent func- tioning of the media.
The participating States request that co-ordination between the various organizations monitor- ing elections be improved, and task the ODIHR to consult all relevant organizations in order to develop a framework for co-ordination in this field.
In order to enhance election monitoring preparations and procedures, the ODIHR will also devise a handbook for election monitors and set up a rolling calendar for upcoming elections.
13. The provisions mentioned in the human dimension chapter of this document do not in any way constitute a change in the mandate of either the ODIHR or the HCNM.
ODIHR seminars
14. The number of large-scale human dimension seminars will as a rule be reduced to two per year. They will focus on topics which are of the broadest interest. There will be more emphasis on regional seminars. Where appropriate they will form part of the Programme of Co-ordinated Support. These seminars should seek full participation from States in the region in which they are held. The ODIHR is requested to present to the Permanent Council a report on how to increase the effectiveness of human dimension seminars. Whilst these seminars will not produce a negoti- ated document, particular attention should be given to improving follow-up.
15. A large number of possible subjects for seminars, both large-scale and regional, was suggested during the Review Conference. The Executive Secretariat kept a list, which will be passed on to the Permanent Council. In conformity with the relevant provisions of the Helsinki Document 1992, the Permanent Council will establish an annual work programme including the titles, dates and venues of such seminars, taking into account the advice of the ODIHR and the HCNM.
16. The participating States welcomed the offer of Romania to host an International Seminar on Tolerance in Bucharest under the auspices of the ODIHR and the Council of Europe, in co-oper- ation with UNESCO, in the context of the 1995 International Year of Tolerance.
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Role of NGOs
17. The participating States and CSCE institutions will provide opportunities for increased involve- ment of NGOs in CSCE activities as foreseen in Chapter IV of the Helsinki Document 1992. They will search for ways in which the CSCE can best make use of the work and information provided by NGOs. The Secretary General is requested to make a study on how participation of NGOs can be further enhanced.
Commitments and Co-operation
Rule of law
18. The participating States emphasize that all action by public authorities must be consistent with the rule of law, thus guaranteeing legal security for the individual.
They also emphasize the need for protection of human rights defenders and look forward to the completion and adoption, in the framework of the United Nations, of the draft declaration on the “Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms”.
Capital punishment
19. The participating States reconfirm their commitments in the Copenhagen and Moscow Doc- uments concerning the question of capital punishment.
Prevention of torture
20. The participating States strongly condemn all forms of torture as one of the most flagrant vio- lations of human rights and human dignity. They commit themselves to strive for its elimination. They recognize the importance in this respect of international norms as laid down in international treaties on human rights, in particular the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. They also recognize the importance of national legislation aimed at eradicating torture. They commit themselves to inquire into all alleged cases of torture and to prosecute offenders. They also commit themselves to include in their educational and training programmes for law enforcement and police forces specific provisions with a view to eradicating torture. They consider that an exchange of informa- tion on this problem is an essential prerequisite. The participating States should have the possi- bility to obtain such information. The CSCE should in this context also draw on the experience of the Special Rapporteur on Torture and other Cruel Inhuman or Degrading Treatment or Pun- ishment established by the Commission on Human Rights of the United Nations and make use of information provided by NGOs.
National minorities
21. The participating States confirm their determination consistently to advance the implemen- tation of the provisions of the Final Act and all other CSCE documents relating to the protection of the rights of persons belonging to national minorities. They commend the work of the HCNM in this field.
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22. The participating States welcome the international efforts to improve protection of the rights of persons belonging to national minorities. They take note of the adoption, within the Council of Europe, of a Framework Convention on the Protection of National Minorities, which builds upon CSCE standards in this context. They stressed that the Convention is also open – by invitation – to signature by States which are not members of the Council of Europe and they may consider examining the possibility of becoming parties to this Convention.
Roma and Sinti
23. The participating States decide to appoint within the ODIHR a contact point for Roma and Sinti (Gypsies) issues. The ODIHR will be tasked to: • act as a clearing-house for the exchange of information on Roma and Sinti (Gypsies) issues, includ- ing information on the implementation of commitments pertaining to Roma and Sinti (Gypsies); • facilitate contacts on Roma and Sinti (Gypsies) issues between participating States, international organizations and institutions and NGOs; • maintain and develop contacts on these issues between CSCE institutions and other interna- tional organizations and institutions.
To fulfil these tasks, the ODIHR will make full use of existing resources. In this context they wel- come the announcement made by some Roma and Sinti (Gypsies) organizations of their intention to make voluntary contributions.
24. The participating States welcome the activities related to Roma and Sinti (Gypsies) issues in other international organizations and institutions, in particular those undertaken in the Coun- cil of Europe.
Tolerance and non-discrimination
25. The participating States condemn manifestations of intolerance, and especially of aggressive nationalism, racism, chauvinism, xenophobia and anti-semitism, and will continue to promote effective measures aimed at their eradication. They request the ODIHR to continue to pay special attention to these phenomena, collecting information on their various manifestations in partic- ipating States. They will seek to strengthen or adopt appropriate legislation to this end and take the necessary measures to ensure that existing legislation is effectively implemented, in a way that would deter manifestations of these phenomena. They also stress that action to combat these phe- nomena should be seen as an integral part of integration policy and education. They condemn all crimes committed in the pursuit of so-called “ethnic cleansing” and will continue to give their effective support to the International War Crimes Tribunal for the former Yugoslavia in The Hague.
26. They commend the Council of Europe’s plan of action on racism, xenophobia, antisemitism and intolerance. In following up the Rome Council’s Declaration, CSCE institutions will explore possibilities for joint work with the Council of Europe, as well as the United Nations and other international organizations.
27. Reaffirming their commitment to ensure freedom of conscience and religion and to foster a climate of mutual tolerance and respect between believers of different communities as well as between believers and non-believers, they expressed their concern about the exploitation of reli- gion for aggressive nationalist ends.
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Migrant workers
28. The participating States reconfirm that human rights are universal and indivisible. They rec- ognized that the protection and promotion of the rights of migrant workers have their human dimension. They underline the right of migrant workers to express freely their ethnic, cultural, religious and linguistic characteristics. The exercise of such rights may be subject to such restric- tions as are prescribed by law and consistent with international standards.
29. They decided that appropriate measures should be taken to better prevent racist attacks and other manifestations of violent intolerance against migrant workers and their families.
30. They reconfirm their condemnation of all acts of discrimination on the ground of race, colour and ethnic origin, intolerance and xenophobia against migrant workers. They will, in conformity with domestic law and international obligations, continue to take effective measures to this end.
31. They will continue to promote the integration of migrant workers in the societies in which they are lawfully residing. They recognize that a successful process of integration also depends on its active pursuit by the migrants themselves and decided therefore to encourage them in this regard.
Migration
32. The participating States express their concern at mass migratory movements in the CSCE region, including millions of refugees and displaced persons, due mainly to war, armed conflict, civil strife and grave human rights violations. Taking into account the Rome Council Decisions 1993, they decide to expand their co-operation with appropriate international bodies in this respect.
They take note of efforts undertaken by UNHCR to prepare a regional conference to address the problems of refugees, displaced persons, other forms of involuntary displacement and returnees in the countries of the CIS and other interested neighbouring States.
International humanitarian law
33. The participating States deeply deplore the series of flagrant violations of international human- itarian law that occurred in the CSCE region in recent years and reaffirm their commitment to respect and ensure respect for general international humanitarian law and in particular for their obligations under the relevant international instruments, including the 1949 Geneva Conventions and their additional protocols, to which they are a party.
34. They emphasize the potential significance of a declaration on minimum humanitarian standards applicable in all situations and declare their willingness to actively participate in its preparation in the framework of the United Nations. They commit themselves to ensure adequate information and training within their military services with regard to the provisions of international human- itarian law and consider that relevant information should be made available.
35. They highly value the developing co-operation between the CSCE and the International Com- mittee of the Red Cross (ICRC), in particular in the case of CSCE missions, and welcome the read- iness of the ICRC to develop this co-operation and commit themselves to further extend support to the ICRC, in particular by strengthening contacts already established between CSCE missions and the ICRC’s delegations in the field.
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Freedom of expression/Free media
36. The participating States reaffirm that freedom of expression is a fundamental human right and a basic component of a democratic society. In this respect, independent and pluralistic media are essential to a free and open society and accountable systems of government. They take as their guiding principle that they will safeguard this right.
37. They condemn all attacks on and harassment of journalists and will endeavour to hold those directly responsible for such attacks and harassment accountable.
38. They further note that fomenting hatred and ethnic tension through the media, especially by governments, can serve as an early warning of conflict.
Freedom of movement/Human contacts/Cultural heritage
39. The participating States will further encourage and facilitate human contacts, cultural and educational exchanges and co-operate in accordance with CSCE provisions. They will continue to implement their commitments in the cultural field, as laid down in the Document of the Cracow Symposium on the Cultural Heritage of the CSCE Participating States and other relevant CSCE documents. They will encourage public and private efforts aimed at the preservation of the cul- tural heritage in their States.
40. They will encourage administrative authorities dealing with citizens of other States to fully implement the CSCE commitments concerning travel and will refrain from degrading treatment and other outrages against personal dignity. They will also consider the need for elaborating a doc- ument compiling relevant CSCE provisions.
41. The Permanent Council will explore the possibility of holding informal meetings on the issues mentioned in the two preceding paragraphs.
Programme of Co-ordinated Support
42. The participating States, taking into account the progress achieved through the implementation of the Programme of Co-ordinated Support during the past two years under the co-ordination of the ODIHR, have decided that this programme should continue. The ODIHR and the Secretary General will continue to arrange meetings and seminars on CSCE-related matters to enable inter- ested States to fulfil their CSCE commitments more easily. The participating States will continue to include representatives of these States in government-sponsored internships, study and training programmes so that levels of experience, knowledge and expertise can be raised.
43. They agreed that the ability of the ODIHR to provide in-depth expertise on human dimen- sion issues under the Programme of Co-ordinated Support should be further developed. In order to respond to requests for advice by newly independent States concerned on all aspects of democ- ratization, they decided that using experts-at-large within the framework of the Programme of Co-ordinated Support would be a useful enhancement of the ODIHR’s role.
136 Lisbon Document (Summit of Heads of State or Government)
Lisbon 1996
Lisbon Summit Declaration (…)
3. We reaffirm the OSCE principles as set forth in the Helsinki Final Act and other OSCE commit- ments. We believe that observance of all these principles and implementation of all commitments need to be improved and constantly reviewed. We recognize that serious risks and challenges, such as those to our security and sovereignty, continue to be of major concern. We are commit- ted to address them.
4. Respect for human rights remains fundamental to our concept of democracy and to the democ- ratization process enshrined in the Charter of Paris. We are determined to consolidate the dem- ocratic gains of the changes that have occurred since 1989 and peacefully manage their further development in the OSCE region. We will co-operate in strengthening democratic institutions.
9. The OSCE’s comprehensive approach to security requires improvement in the implementation of all commitments in the human dimension, in particular with respect to human rights and fun- damental freedoms. This will further anchor the common values of a free and democratic soci- ety in all participating States, which is an essential foundation for our common security. Among the acute problems within the human dimension, the continuing violations of human rights, such as involuntary migration, and the lack of full democratization, threats to independent media, electoral fraud, manifestations of aggressive nationalism, racism, chauvinism, xenophobia and anti-Semitism, continue to endanger stability in the OSCE region. We are committed to contin- uing to address these problems.
10. Against the background of recent refugee tragedies in the OSCE region and taking into account the issue of forced migration, we again condemn and pledge to refrain from any policy of “ethnic cleansing” or mass expulsion. Our States will facilitate the return, in safety and in dignity, of ref- ugees and internally displaced persons, according to international standards. Their reintegration into their places of origin must be pursued without discrimination. We commend the work of the ODIHR Migration Advisor and express support for his continuing activities to follow up on the Pro- gramme of Action agreed at the May 1996 Regional Conference to address the problems of refugees, displaced persons, other forms of involuntary displacement and returnees in the relevant States.
11. Freedom of the press and media are among the basic prerequisites for truly democratic and civil societies. In the Helsinki Final Act, we have pledged ourselves to respect this principle. There is a need to strengthen the implementation of OSCE commitments in the field of the media, taking into account, as appropriate, the work of other international organizations. We therefore task the Per- manent Council to consider ways to increase the focus on implementation of OSCE commitments in the field of the media, as well as to elaborate a mandate for the appointment of an OSCE repre- sentative on freedom of the media to be submitted not later than to the 1997 Ministerial Council.
137 Lisbon 1996
(…)
Lisbon Declaration on a Common and Comprehensive Security
Model for Europe for the Twenty-First Century
1. We, the Heads of State or Government of the States participating in the OSCE and meeting in Lisbon, believe that history has offered us an unprecedented opportunity. Freedom, democracy and co-opera- tion among our nations and peoples are now the foundation for our common security. We are deter- mined to learn from the tragedies of the past and to translate our vision of a co-operative future into reality by creating a common security space free of dividing lines in which all States are equal partners.
2. We face serious challenges, but we face them together. They concern the security and sover- eignty of States as well as the stability of our societies. Human rights are not fully respected in all OSCE States.
Ethnic tension, aggressive nationalism, violations of the rights of persons belonging to national minorities, as well as serious difficulties of economic transition, can threaten stability and may also spread to other States. Terrorism, organized crime, drug and arms trafficking, uncontrolled migration and environmental damage are of increasing concern to the entire OSCE community.
3. Drawing strength from our diversity, we shall meet these challenges together, through the OSCE and in partnership with other international organizations. Our approach is one of co-operative security based on democracy, respect for human rights, fundamental freedoms and the rule of law, market economy and social justice. It excludes any quest for domination. It implies mutual confi- dence and the peaceful settlement of disputes. (…)
5. We recognize that, within the OSCE, States are accountable to their citizens and responsible to each other for their implementation of OSCE commitments.
6. We jointly commit ourselves: • to act in solidarity to promote full implementation of the principles and commitments of the OSCE enshrined in the Helsinki Final Act, the Charter of Paris and other CSCE/OSCE documents; (…)
10. (…) our task now is to enhance our co-operation for the future. To this end: • We encourage bilateral or regional initiatives aimed at developing relations of good neighbour- liness and co-operation. In this context, the OSCE could explore a menu of confidence – and security-building measures in support of regional security processes. We shall continue to fol- low the implementation of the Pact on Stability in Europe. Regional round tables can be a use- ful means of preventive diplomacy. • As an important contribution to security we reaffirm our determination to fully respect and implement all our commitments relating to the rights of persons belonging to national minori- ties. We reaffirm our will to co-operate fully with the High Commissioner on National Minori- ties. We are ready to respond to a request by any participating State seeking solutions to minority issues on its territory. (…)
138 Document of the Sixth Meeting of the Ministerial Council Copenhagen 1997
II. Decisions of the Copenhagen Ministerial Council Meeting (…)
Decision on the Appointment of the OSCE Representative on Freedom of the Media
The Ministerial Council,
In accordance with Permanent Council Decision No. 193, and taking into account the recommen- dation of the Chairman-in-Office,
– Decides to appoint Mr. Freimut Duve as OSCE Representative on Freedom of the Media for a period of three years, with effect from 1 January 1998.
Annex
Permanent Council Decision No. 193
5 November 1997
Mandate of the OSCE Representative on Freedom of the Media
1. The participating States reaffirm the principles and commitments they have adhered to in the field of free media. They recall in particular that freedom of expression is a fundamental and inter- nationally recognized human right and a basic component of a democratic society and that free, independent and pluralistic media are essential to a free and open society and accountable systems of government. Bearing in mind the principles and commitments they have subscribed to within the OSCE, and fully committed to the implementation of paragraph 11 of the Lisbon Summit Dec- laration, the participating States decide to establish, under the aegis of the Permanent Council, an OSCE Representative on Freedom of the Media. The objective is to strengthen the implementation of relevant OSCE principles and commitments as well as to improve the effectiveness of concerted action by the participating States based on their common values. The participating States confirm that they will co-operate fully with the OSCE Representative on Freedom of the Media. He or she will assist the participating States, in a spirit of co-operation, in their continuing commitment to the furthering of free, independent and pluralistic media.
2. Based on OSCE principles and commitments, the OSCE Representative on Freedom of the Media will observe relevant media developments in all participating States and will, on this basis, and in close co-ordination with the Chairman-in-Office, advocate and promote full compliance with OSCE principles and commitments regarding freedom of expression and free media. In this
139 Copenhagen 1997
respect he or she will assume an early-warning function. He or she will address serious problems caused by, inter alia, obstruction of media activities and unfavourable working conditions for journalists. He or she will closely co-operate with the participating States, the Permanent Coun- cil, the Office for Democratic Institutions and Human Rights (ODIHR), the High Commissioner on National Minorities and, where appropriate, other OSCE bodies, as well as with national and international media associations.
3. The OSCE Representative on Freedom of the Media will concentrate, as outlined in this para- graph, on rapid response to serious non-compliance with OSCE principles and commitments by participating States in respect of freedom of expression and free media. In the case of an allega- tion of serious non-compliance therewith, the OSCE Representative on Freedom of the Media will seek direct contacts, in an appropriate manner, with the participating State and with other parties concerned, assess the facts, assist the participating State, and contribute to the resolution of the issue. He or she will keep the Chairman-in-Office informed about his or her activities and report to the Permanent Council on their results, and on his or her observations and recommendations.
4. The OSCE Representative on Freedom of the Media does not exercise a juridical function, nor can his or her involvement in any way prejudge national or international legal proceedings con- cerning alleged human rights violations. Equally, national or international proceedings concern- ing alleged human rights violations will not necessarily preclude the performance of his or her tasks as outlined in this mandate.
5. The OSCE Representative on Freedom of the Media may collect and receive information on the situation of the media from all bona fide sources. He or she will in particular draw on information and assessments provided by the ODIHR. The OSCE Representative on Freedom of the Media will support the ODIHR in assessing conditions for the functioning of free, independent and plural- istic media before, during and after elections.
6. The OSCE Representative on Freedom of the Media may at all times collect and receive from par- ticipating States and other interested parties (e.g. from organizations or institutions, from media and their representatives, and from relevant NGOs) requests, suggestions and comments related to strengthening and further developing compliance with relevant OSCE principles and commitments, including alleged serious instances of intolerance by participating States which utilize media in vio- lation of the principles referred to in the Budapest Document, Chapter VIII, paragraph 25, and in the Decisions of the Rome Council Meeting, Chapter X. He or she may forward requests, sugges- tions and comments to the Permanent Council, recommending further action where appropriate.
7. The OSCE Representative on Freedom of the Media will also routinely consult with the Chair- man-in-Office and report on a regular basis to the Permanent Council. He or she may be invited to the Permanent Council to present reports, within this mandate, on specific matters related to freedom of expression and free, independent and pluralistic media. He or she will report annually to the Implementation Meeting on Human Dimension Issues or to the OSCE Review Meeting on the status of the implementation of OSCE principles and commitments in respect of freedom of expression and free media in OSCE participating States.
8. The OSCE Representative on Freedom of the Media will not communicate with and will not acknowledge communications from any person or organization which practises or publicly con- dones terrorism or violence.
9. The OSCE Representative on Freedom of the Media will be an eminent international personal- ity with long-standing relevant experience from whom an impartial performance of the function
140 Copenhagen 1997
would be expected. In the performance of his or her duty the OSCE Representative on Freedom of the Media will be guided by his or her independent and objective assessment regarding the spe- cific paragraphs composing this mandate.
10. The OSCE Representative on Freedom of the Media will consider serious cases arising in the context of this mandate and occurring in the participating State of which he or she is a national or resident if all the parties directly involved agree, including the participating State concerned. In the absence of such agreement, the matter will be referred to the Chairman-in-Office, who may appoint a Special Representative to address this particular case.
11. The OSCE Representative on Freedom of the Media will co-operate, on the basis of regular contacts, with relevant international organizations, including the United Nations and its special- ized agencies and the Council of Europe, with a view to enhancing co-ordination and avoiding duplication
12. The OSCE Representative on Freedom of the Media will be appointed in accordance with OSCE procedures by the Ministerial Council upon the recommendation of the Chairman-in-Office after consultation with the participating States. He or she will serve for a period of three years which may be extended under the same procedure for one further term of three years.
13. The OSCE Representative on Freedom of the Media will be established and staffed in accord- ance with this mandate and with OSCE Staff Regulations. The OSCE Representative on Freedom of the Media, and his or her Office, will be funded by the participating States through the OSCE budget according to OSCE financial regulations. Details will be worked out by the informal Finan- cial Committee and approved by the Permanent Council.
14. The Office of the OSCE Representative on Freedom of the Media will be located in Vienna.
141 Document of the Seventh Meeting of the Ministerial Council Oslo 1998
III. Decisions of the Oslo Ministerial Council Meeting (…)
Decision on Enhancement of the OSCE’s Operational Capabilities regarding Roma and Sinti Issues
The Ministerial Council,
Bearing in mind the existing OSCE commitments regarding Roma and Sinti, and
Recalling the decision taken by the Budapest Summit to appoint within the ODIHR a
Contact Point for Roma and Sinti (Gypsies) Issues,
1. Decides to enhance the capability of the OSCE regarding those issues by strengthening the exist- ing ODIHR Contact Point for Roma and SintiIssues. Among its priorities will be: • to enhance the OSCE’s interaction with the governments of the participating States, with rep- resentatives of Roma and Sinti communities, as well as with international organizations, initi- atives and NGOs relevant to Roma and Sinti issues, and in particular to secure further mutual reinforcement of co-operation with the Co-ordinator for Roma in the Council of Europe with a view to avoiding duplication of effort, including the establishment of regular consultations with those organizations, initiatives and NGOs in order to develop synergies and common approaches designed to facilitate full integration of Roma and Sinti communities into the societies they live in, while preserving their identity; • to enhance co-operation among OSCE institutions and mission/field presences with respect to Roma and Sinti, if applicable; • to develop, on the basis of input from participating States, the OSCE institutions, and in par- ticular the HCNM, Roma and Sinti communities, NGOs, and international organizations and other institutions and initiatives, a work programme which should include, inter alia, seminars, workshops and clearing houses; • to collect information from the participating States on legislative and other measures related to the situation of Roma and Sinti with a view to making it available to the OSCE community, as well as to other interested international organizations, and to elaborating additional reports on the situation of Roma and Sinti in the OSCE area.
2. Further decides that the Contact Point should deal solely with matters concerning Roma and Sinti.
3. Tasks the Permanent Council with devising appropriate ways to ensure adequate resources to implement this decision.
142 Istanbul Document (Summit of Heads of State or Government)
Istanbul 1999
Istanbul Summit Declaration (…)
2. (…) We reiterate unreservedly our commitment to respect human rights and fundamental free- doms and to abstain from any form of discrimination. We also reiterate our respect for interna- tional humanitarian law. We pledge our commitment to intensify efforts to prevent conflicts in the OSCE area, and when they occur to resolve them peacefully. We will work closely with other international organizations and institutions on the basis of the Platform for Co-operative Secu- rity, which we adopted as a part of our Charter. (…)
6. (…) We underline the importance of respect for the rule of law and of vigorous efforts to fight organized crime and corruption, which constitute a great threat to economic reform and pros- perity. We remain committed to the return of refugees and internally displaced persons, in par- ticular minority return.
7. (…) We look forward to faster progress towards the return of refugees and displaced persons and the implementation of relevant international standards, particularly those related to equal treat- ment without regard to ethnicity, freedom of the media, and free and fair elections (…)
26. With a large number of elections ahead of us, we are committed to these being free and fair, and in accordance with OSCE principles and commitments. This is the only way in which there can be a stable basis for democratic development. We appreciate the role of the ODIHR in assisting countries to develop electoral legislation in keeping with OSCE principles and commitments, and we agree to follow up promptly ODIHR’s election assessments and recommendations. We value the work of the ODIHR and the OSCE Parliamentary Assembly – before, during and after elections – which further contributes to the democratic process. We are committed to secure the full right of persons belonging to minorities to vote and to facilitate the right of refugees to participate in elec- tions held in their countries of origin. We pledge to ensure fair competition among candidates as well as parties, including through their access to the media and respect for the right of assembly.
27. We commit ourselves to ensuring the freedom of the media as a basic condition for pluralis- tic and democratic societies. We are deeply concerned about the exploitation of media in areas of conflict to foment hatred and ethnic tension and the use of legal restrictions and harassment to deprive citizens of free media. We underline the need to secure freedom of expression, which is an essential element of political discourse in any democracy. We support the Office of the Represent- ative on Freedom of the Media in its efforts to promote free and independent media.
143 Istanbul 1999
28. In the year of the 10th anniversary of the adoption of the Convention on the Rights of the Child, and putting the OSCE’s Copenhagen commitments into practice, we commit ourselves to actively promote children’s rights and interests, especially in conflict and post-conflict situations. We will regularly address the rights of children in the work of the OSCE (…) We will pay particular attention to the physical and psychological wellbeing of children involved in or affected by armed conflict. (…)
30. We reaffirm our commitment to ensure that laws and policies fully respect the rights of per- sons belonging to national minorities, in particular in relation to issues affecting cultural iden- tity. Specifically, we emphasize the requirement that laws and policies regarding the educational, linguistic and participatory rights of persons belonging to national minorities conform to appli- cable international standards and conventions. We also support the adoption and full implemen- tation of comprehensive anti-discrimination legislation to promote full equality of opportunities for all. We commend the essential work of the High Commissioner on National Minorities. We reaffirm that we will increase our efforts to implement the recommendations of the High Com- missioner on National Minorities.
31. We deplore violence and other manifestations of racism and discrimination against minor- ities, including the Roma and Sinti. We commit ourselves to ensure that laws and policies fully respect the rights of Roma and Sinti and, where necessary, to promote antidiscrimination legisla- tion to this effect. We underline the importance of careful attention to the problems of the social exclusion of Roma and Sinti. These issues are primarily a responsibility of the participating States concerned. We emphasize the important role that the ODIHR Contact Point for Roma and Sinti issues can play in providing support. A further helpful step might be the elaboration by the Con- tact Point of an action plan of targeted activities, drawn up in co-operation with the High Com- missioner on National Minorities and others active in this field, notably the Council of Europe.
32. In line with our commitment to ensure full equality between women and men, we look for- ward to an early approval and implementation of an OSCE gender action plan. (…)
37. We have in the Charter reaffirmed our commitment to the rule of law and stressed the need to combat corruption. We task the Permanent Council to examine how best to contribute to efforts to combat corruption, taking into account efforts of other organizations such as the Organization for Economic Co-operation and Development, Council of Europe and the United Nations. The results of this work will be reported to the 2000 Ministerial Meeting. (…)
Charter for European Security (…)
I. Our Common Challenges
2. The last decade of the twentieth century has brought great achievements in the OSCE area, co-operation has replaced previous confrontation, but the danger of conflicts between States has not been eliminated. We have put Europe’s old divisions behind us, but new risks and challenges have emerged. Since we signed the Charter of Paris it has become more obvious that threats to our security can stem from conflicts within States as well as from conflicts between States. We have experienced conflicts which have often resulted from flagrant violations of OSCE norms and
144 Istanbul 1999
principles. We have witnessed atrocities of a kind we had thought were relegated to the past. In this decade it has become clear that all such conflicts can represent a threat to the security of all OSCE participating States.
3. We are determined to learn from the dangers of confrontation and division between States as well as from tragedies of the last decade. Security and peace must be enhanced through an approach which combines two basic elements, we must build confidence among people within States and strengthen co-operation between States. Therefore, we will strengthen existing instruments and develop new ones to provide assistance and advice. We will reinforce our efforts to ensure full respect for human rights and fundamental freedoms, including the rights of persons belonging to national minorities. In parallel, we will strengthen our capacity to enhance confidence and secu- rity between States. We are determined to develop the means at our disposal to settle peacefully disputes between them.
4. International terrorism, violent extremism, organized crime and drug trafficking represent grow- ing challenges to security. Whatever its motives, terrorism in all its forms and manifestations is unacceptable. We will enhance our efforts to prevent the preparation and financing of any act of terrorism on our territories and deny terrorists safe havens. The excessive and destabilizing accu- mulation and uncontrolled spread of small arms and light weapons represent a threat to peace and security. We are committed to strengthening our protection against these new risks and challenges; strong democratic institutions and the rule of law are the foundation for this protection. We are also determined to co-operate more actively and closely with each other to meet these challenges.
5. Acute economic problems and environmental degradation may have serious implications for our security. Co-operation in the fields of economy, science and technology and the environment will be of critical importance. We will strengthen our responses to such threats through contin- ued economic and environmental reforms, by stable and transparent frameworks for economic activity and by promoting market economies, while paying due attention to economic and social rights. We applaud the unprecedented process of economic transformation taking place in many participating States. We encourage them to continue this reform process, which will contribute to security and prosperity in the entire OSCE area. We will step up our efforts across all dimensions of the OSCE to combat corruption and to promote the rule of law.
6. We confirm that security in areas nearby, in particular in the Mediterranean area as well as areas in direct proximity to participating States, such as those of Central Asia, is of increasing impor- tance to the OSCE. We recognize that instability in these areas creates challenges that directly affect the security and prosperity of OSCE States.
II. Our Common Foundations
7. We reaffirm our full adherence to the Charter of the United Nations, and to the Helsinki Final Act, the Charter of Paris and all other OSCE documents to which we have agreed. These docu- ments represent our common commitments and are the foundation for our work. They have helped us to bring about an end to the old confrontation in Europe and to foster a new era of democracy, peace and solidarity throughout the OSCE area. They established clear standards for participat- ing States’ treatment of each other and of all individuals within their territories. All OSCE com- mitments, without exception, apply equally to each participating State. Their implementation in good faith is essential for relations between States, between governments and their peoples, as well as between the organizations of which they are members. Participating States are accountable to their citizens and responsible to each other for their implementation of their OSCE commitments.
145 Istanbul 1999
We regard these commitments as our common achievement and therefore consider them to be matters of immediate and legitimate concern to all participating States. (…)
9. We will build our relations in conformity with the concept of common and comprehensive secu- rity, guided by equal partnership, solidarity and transparency. The security of each participating State is inseparably linked to that of all others. We will address the human, economic, political and military dimensions of security as an integral whole. (…)
III. Our Common Response (…)
Solidarity and Partnership
14. Peace and security in our region is best guaranteed by the willingness and ability of each par- ticipating State to uphold democracy, the rule of law and respect for human rights. We individually confirm our willingness to comply fully with our commitments. We also have a joint responsi- bility to uphold OSCE principles. We are therefore determined to co-operate within the OSCE and with its institutions and representatives and stand ready to use OSCE instruments, tools and mechanisms. We will co-operate in a spirit of solidarity and partnership in a continuing review of implementation. Today we commit ourselves to joint measures based on co-operation, both in the OSCE and through those organizations of which we are members, in order to offer assistance to participating States to enhance their compliance with OSCE principles and commitments. We will strengthen existing co-operative instruments and develop new ones in order to respond effi- ciently to requests for assistance from participating States. We will explore ways to further increase the effectiveness of the Organization to deal with cases of clear, gross and continuing violations of those principles and commitments. (…)
Our Institutions
17. The Parliamentary Assembly has developed into one of the most important OSCE institutions continuously providing new ideas and proposals. We welcome this increasing role, particularly in the field of democratic development and election monitoring. We call on the Parliamentary Assem- bly to develop its activities further as a key component in our efforts to promote democracy, pros- perity and increased confidence within and between participating States.
18. The Office for Democratic Institutions and Human Rights (ODIHR), the High Commissioner on National Minorities (HCNM) and the Representative on Freedom of the Media are essential instruments in ensuring respect for human rights, democracy and the rule of law. The OSCE Sec- retariat provides vital assistance to the Chairmanin – Office and to the activities of our Organiza- tion, especially in the field. We will also strengthen further the operational capacities of the OSCE Secretariat to enable it to face the expansion of our activities and to ensure that field operations function effectively and in accordance with the mandates and guidance given to them. (…)
146 Istanbul 1999
The Human Dimension
19. We reaffirm that respect for human rights and fundamental freedoms, democracy and the rule of law is at the core of the OSCE’s comprehensive concept of security. We commit ourselves to coun- ter such threats to security as violations of human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief and manifestations of intolerance, aggres- sive nationalism, racism, chauvinism, xenophobia and anti-semitism.
The protection and promotion of the rights of persons belonging to national minorities are essen- tial factors for democracy, peace, justice and stability within, and between, participating States. In this respect we reaffirm our commitments, in particular under the relevant provisions of the Copenhagen 1990 Human Dimension Document, and recall the Report of the Geneva 1991 Meet- ing of Experts on National Minorities. Full respect for human rights, including the rights of per- sons belonging to national minorities, besides being an end in itself, may not undermine, but strengthen territorial integrity and sovereignty.
Various concepts of autonomy as well as other approaches outlined in the above-mentioned doc- uments, which are in line with OSCE principles, constitute ways to preserve and promote the eth- nic, cultural, linguistic and religious identity of national minorities within an existing State. We condemn violence against any minority. We pledge to take measures to promote tolerance and to build pluralistic societies where all, regardless of their ethnic origin, enjoy full equality of opportu- nity. We emphasize that questions relating to national minorities can only be satisfactorily resolved in a democratic political framework based on the rule of law.
We reaffirm our recognition that everyone has the right to a nationality and that no one should be deprived of his or her nationality arbitrarily. We commit ourselves to continue our efforts to ensure that everyone can exercise this right. We also commit ourselves to further the international protection of stateless persons.
20. We recognize the particular difficulties faced by Roma and Sinti and the need to undertake effective measures in order to achieve full equality of opportunity, consistent with OSCE com- mitments, for persons belonging to Roma and Sinti. We will reinforce our efforts to ensure that Roma and Sinti are able to play a full and equal part in our societies, and to eradicate discrimi- nation against them.
21. We are committed to eradicating torture and cruel, inhumane or degrading treatment or punish- ment throughout the OSCE area. To this end, we will promote legislation to provide procedural and substantive safeguards and remedies to combat these practices. We will assist victims and co-oper- ate with relevant international organizations and non-governmental organizations, as appropriate.
22. We reject any policy of ethnic cleansing or mass expulsion. We reaffirm our commitment to respect the right to seek asylum and to ensure the international protection of refugees as set out in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, as well as to facil- itate the voluntary return of refugees and internally displaced persons in dignity and safety. We will pursue without discrimination the reintegration of refugees and internally displaced persons in their places of origin.
In order to enhance the protection of civilians in times of conflict, we will seek ways of reinforc- ing the application of international humanitarian law.
147 Istanbul 1999
23. The full and equal exercise by women of their human rights is essential to achieve a more peace- ful, prosperous and democratic OSCE area. We are committed to making equality between men and women an integral part of our policies, both at the level of our States and within the Organization.
24. We will undertake measures to eliminate all forms of discrimination against women, and to end violence against women and children as well as sexual exploitation and all forms of traffick- ing in human beings. In order to prevent such crimes we will, among other means, promote the adoption or strengthening of legislation to hold accountable persons responsible for these acts and strengthen the protection of victims. We will also develop and implement measures to promote the rights and interests of children in armed conflict and post-conflict situations, including refu- gees and internally displaced children. We will look at ways of preventing forced or compulsory recruitment for use in armed conflict of persons under 18 years of age.
25. We reaffirm our obligation to conduct free and fair elections in accordance with OSCE com- mitments, in particular the Copenhagen Document 1990. We recognize the assistance the ODIHR can provide to participating States in developing and implementing electoral legislation. In line with these commitments, we will invite observers to our elections from other participating States, the ODIHR, the OSCE Parliamentary Assembly and appropriate institutions and organizations that wish to observe our election proceedings. We agree to follow up promptly the ODIHR’s elec- tion assessment and recommendations.
26. We reaffirm the importance of independent media and the free flow of information as well as the public’s access to information. We commit ourselves to take all necessary steps to ensure the basic conditions for free and independent media and unimpeded transborder and intra-State flow of information, which we consider to be an essential component of any democratic, free and open society.
27. Non-governmental organizations (NGOs) can perform a vital role in the promotion of human rights, democracy and the rule of law. They are an integral component of a strong civil society. We pledge ourselves to enhance the ability of NGOs to make their full contribution to the further development of civil society and respect for human rights and fundamental freedoms. (…)
Rule of Law and Fight against Corruption
33. We reaffirm our commitment to the rule of law. We recognize that corruption poses a great threat to the OSCE’s shared values. It generates instability and reaches into many aspects of the security, economic and human dimensions. Participating States pledge to strengthen their efforts to combat corruption and the conditions that foster it, and to promote a positive framework for good government practices and public integrity. They will make better use of existing international instruments and assist each other in their fight against corruption. As part of its work to promote the rule of law, the OSCE will work with NGOs that are committed to a strong public and busi- ness consensus against corrupt practices.
IV. Our Common Instruments
Enhancing our Dialogue (…)
148 Istanbul 1999
36. Reflecting our spirit of solidarity and partnership, we will also enhance our political dialogue in order to offer assistance to participating States, thereby ensuring compliance with OSCE com- mitments. To encourage this dialogue, we have decided, in accordance with established rules and practices, to make increased use of OSCE instruments, including: (…) • Organizing training programmes aimed at improving standards and practices, inter alia, within the fields of human rights, democratization and the rule of law; • Addressing matters regarding compliance with OSCE commitments at OSCE review meetings and conferences as well as in the Economic Forum; (…)
OSCE Field Operations (…)
38. The development of OSCE field operations represents a major transformation of the Organi- zation that has enabled the OSCE to play a more prominent role in promoting peace, security and compliance with OSCE commitments. Based on the experience we have acquired, we will develop and strengthen this instrument further in order to carry out tasks according to their respective mandates, which may, inter alia, include the following: (…) • Observing compliance with OSCE commitments and providing advice or recommendations for improved compliance; • Assisting in the organization and monitoring of elections; • Providing support for the primacy of law and democratic institutions and for the maintenance and restoration of law and order; (…) • Providing support in the rehabilitation and reconstruction of various aspects of society. (…)
Police-related Activities
44. We will work to enhance the OSCE’s role in civilian police-related activities as an integral part of the Organization’s efforts in conflict prevention, crisis management and post-conflict rehabili- tation. Such activities may comprise:
– Police monitoring, including with the aim of preventing police from carrying out such activi- ties as discrimination based on religious and ethnic identity;
– Police training, which could, inter alia, include the following tasks:
– Improving the operational and tactical capabilities of local police services and reforming par- amilitary forces;
– Providing new and modern policing skills, such as community policing, and anti-drug, anti-cor- ruption and anti-terrorist capacities;
149 Istanbul 1999
– Creating a police service with a multi-ethnic and/or multi-religious composition that can enjoy the confidence of the entire population;
– Promoting respect for human rights and fundamental freedoms in general. (…)
45. We shall also promote the development of independent judicial systems that play a key role in providing remedies for human rights violations as well as providing advice and assistance for prison system reforms. The OSCE will also work with other international organizations in the cre- ation of political and legal frameworks within which the police can perform its tasks in accord- ance with democratic principles and the rule of law.
Peacekeeping
46. We remain committed to reinforcing the OSCE’s key role in maintaining peace and stabil- ity throughout our area. The OSCE’s most effective contributions to regional security have been in areas such as field operations, post-conflict rehabilitation, democratization, and human rights and election monitoring. We have decided to explore options for a potentially greater and wider role for the OSCE in peacekeeping. Reaffirming our rights and obligations under the Charter of the United Nations, and on the basis of our existing decisions, we confirm that the OSCE can, on a case-by-case basis and by consensus, decide to play a role in peacekeeping, including a leading role when participating States judge it to be the most effective and appropriate organization. In this regard, it could also decide to provide the mandate covering peacekeeping by others and seek the support of participating States as well as other organizations to provide resources and exper- tise. In accordance with the Platform for Co-operative Security, it could also provide a co-ordi- nating framework for such efforts. (…)
VI. Conclusion
51. This Charter will benefit the security of all participating States by enhancing and strengthen- ing the OSCE as we enter the twenty-first century. Today we have decided to develop its existing instruments and to create new tools. We will use them fully to promote a free, democratic and secure OSCE area (…)
150 Document of the Eighth Meeting of the Ministerial Council Vienna 2000
Decisions of the Vienna Ministerial Council Meeting
Decision on Enhancing the OSCE’S Efforts to Combat Trafficking in Human Beings
The Ministerial Council,
Bearing in mind the Charter for European Security, which commits participating States “to under- take measures to eliminate all forms of discrimination against women, and to end violence against women and children as well as sexual exploitation and all forms of trafficking in human beings” and to “promote the adoption or strengthening of legislation to hold accountable persons respon- sible for these acts and strengthening the protection of victims”,
Recalling the OSCE commitments on combating the traffic in human beings contained in the Moscow Document of 1991,
Recognizing that trafficking in human beings is an increasing problem and convinced of the necessity for the OSCE to enhance its efforts to combat trafficking in human beings throughout the OSCE region, including in conflict and post-conflict situations, and to contribute to national, regional and international anti-trafficking efforts in defence of human rights and the fight against transnational organized crime,
1. Reaffirms that trafficking in human beings is an abhorrent human rights abuse and a serious crime that demands a more comprehensive and co-ordinated response from participating States and the international community, as well as a more coherent and co-operative approach among countries, in particular those of origin, transit and destination;
2. Welcomes the adoption, by the United Nations General Assembly, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime as well as the definition of trafficking in persons contained therein and calls upon all participating States to sign and ratify the United Nations Protocol as well as the Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography;
3. Recognizes the primary responsibility of participating States in combating trafficking based on an integrated and co-ordinated approach which includes prevention of trafficking, protection of victims and prosecution of traffickers and their accomplices;
4. Stresses the role of national parliaments in the enactment, among others, of laws necessary to combat trafficking in human beings and welcomes articles 106 and 107 of the Parliamentary Assem- bly’s Bucharest Declaration on trafficking in persons;
151 Vienna 2000
5. Agrees to strengthen the activities of the OSCE to combat trafficking and emphasizes the need for intensified co-operation between different OSCE institutions as well as between the OSCE and other international organizations, such as relevant United Nations agencies, the International Organization for Migration, the Council of Europe, the European Union and Interpol;
6. Supports the work of the Stability Pact Task Force on Trafficking in Human Beings and calls in particular for the governments of the region concerned to play an active role in the Task Force;
7. Calls on OSCE institutions, in particular the ODIHR, and field operations, to develop and imple- ment anti-trafficking programmes and to promote co-ordinated efforts in the areas of prevention, prosecution and protection, in co-operation with non-governmental organizations as well as inter- national organizations and other relevant institutions;
8. Undertakes to raise awareness, including with assistance from the ODIHR, non-governmental organizations and other relevant institutions, through, where necessary, establishing training pro- grammes among public officials, including law enforcement, judiciary, consular and immigration officials, about all aspects of trafficking;
9. Commits to take necessary measures, including by adopting and implementing legislation, to criminalize trafficking in human beings, including appropriate penalties, with a view to ensur- ing effective law enforcement response and prosecution. Such legislation should take into account a human rights approach to the problem of trafficking, and include provision for the protection of the human rights of victims, ensuring that victims of trafficking do not face prosecution solely because they have been trafficked;
10. Will consider adopting legislative or other appropriate measures, such as shelters, which per- mit victims of trafficking in persons to remain in their territories, temporarily or permanently, in appropriate cases; and establishing appropriate repatriation processes for the victims of traffick- ing, with due regard to their safety, including the provision of documents; and developing policies concerning the provision of economic and social benefits to victims as well as their rehabilitation and reintegration in society;
11. Encourages the nomination, where appropriate, of governmental representatives on traffick- ing to co-ordinate national activities and to ensure regional and international co-operation and to make this contact information available to other participating States;
12. Recognizes that OSCE field operations, within the legal framework of the host countries, can have a valuable role to play in the fight against trafficking, including by regular monitoring and report- ing and assisting State authorities through, inter alia, promoting dialogue and acting as a bridge between governments and non-governmental organizations; and institutions, in resolving individ- ual trafficking cases; and calls on field operations to strengthen co-operation among themselves;
13. Calls on the OSCE Secretariat, in co-operation with the ODIHR, to intensify anti-trafficking training in its induction programmes for OSCE field personnel in order to enhance their capac- ity to monitor, report and respond to the problem of trafficking through regular OSCE activities; and to raise awareness within OSCE institutions and among OSCE personnel of the problems of trafficking; these training programmes should also be made available to participating States and other international organizations;
14. Welcomes the further development of the OSCE Secretariat’s Code of Conduct for OSCE Mis- sion Members to include provisions on trafficking in human beings and other human rights abuses,
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looks forward to its speedy implementation by all OSCE structures and institutions, requests heads of OSCE field operations to take appropriate measures if members of their staff use trafficking vic- tims, and encourages all other international bodies, where appropriate, to adopt similar stand- ards and practices.
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Bucharest Ministerial Declaration (…)
2. We resolutely condemn all acts of terrorism. Terrorism, whatever its motivation or origin, has no justification. No cause can justify the purposeful targeting of innocent people. In the fight against terrorism, there is no neutrality.
3. Reflecting the OSCE’s solidarity, the Ministerial Council has adopted today a decision and Action Plan on Terrorism. We reiterate that the struggle against terrorism is not a war against religions or peoples. We reaffirm our commitment to protecting human rights and fundamental freedoms.
4. We are determined to protect our citizens from new challenges to their security while safeguard- ing the rule of law, individual liberties, and the right to equal justice under law. Organized crime, illicit traffic in drugs and arms, and trafficking in human beings, affect the security, economy and social structure of all participating States. The Ministerial Council supports enhanced efforts and greater international co-operation to combat these challenges, and urges participating States who have not yet done so to become parties to the United Nations Convention Against Transnational Organized Crime and its Protocols. (…)
12. We also renew our commitment to relations founded on sovereign equality, mutual respect, co-operation, and support for democracy. We are determined to build our relations in conformity with the concept of common and comprehensive security, guided by equal partnership, solidarity and transparency. We remain committed to an OSCE community from Vancouver to Vladivostok, whole, free, and at peace, that responds through concerted efforts to challenges to peace and stability.
II. Decision on Combating Terrorism and the Bucharest Plan of Action for Combating Terrorism
The 55 participating States of the OSCE stand united against terrorism, a scourge of our times.
The OSCE participating States resolutely condemn the barbaric acts of terrorism that were com- mitted against the United States on 11 September 2001. They represented an attack on the whole of the international community, and on people of every faith and culture. These heinous deeds, as well as other terrorist acts in all forms and manifestations, committed no matter when, where or by whom, are a threat to international and regional peace, security and stability. There must be no safe haven for those perpetrating, financing, harbouring or otherwise supporting those respon- sible for such criminal acts. Terrorism, whatever its motivation or origin, has no justification.
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The OSCE participating States will not yield to terrorist threats, but will combat them by all means in accordance with their international commitments. This will require a long and sustained effort, but they take strength from their broad coalition, reaching from Vancouver to Vladivostok. They will defend freedom and protect their citizens against acts of terrorism, fully respecting interna- tional law and human rights. They firmly reject identification of terrorism with any nationality or religion and reconfirm the norms, principles and values of the OSCE.
The OSCE participating States pledge to reinforce and develop bilateral and multilateral co-opera- tion within the OSCE, with the United Nations and with other international and regional organiza- tions, in order to combat terrorism in all its forms and manifestations, wherever and by whomever committed. As a regional arrangement under Chapter VIII of the Charter of the United Nations, the OSCE is determined to contribute to the fulfilment of international obligations as enshrined, inter alia, in United Nations Security Council resolution 1373 (2001), and will act in conformity with the purposes and principles of the Charter of the United Nations. The OSCE participating States pledge to become parties to all 12 United Nations conventions and protocols related to ter- rorism as soon as possible. They call for a speedy finalization of negotiations for a Comprehensive United Nations Convention on International Terrorism.
The OSCE participating States have come together in political solidarity to take joint action. They look forward to the substantive contribution that the Bishkek International Conference on Enhanc- ing Security and Stability in Central Asia, to be held on 13 and 14 December 2001, can render to global anti-terrorism efforts, and will support, also through technical assistance, the Central Asian partners, on their request, in countering external threats related to terrorism.
To that end, the OSCE Ministerial Council adopts The Bucharest Plan of Action for Combating Terrorism, annexed to this Decision.
Annex
The Bucharest Plan of Action for Combating Terrorism
I. Goal of the Action Plan
1. Terrorism is a threat to international peace and security, in the OSCE area as elsewhere. The OSCE stands ready to make its contribution to the fight against terrorism in close co-operation with other organizations and fora. This contribution will be consistent with the Platform for Co-oper- ative Security and will benefit from interaction between global and regional anti-terrorism efforts under the aegis of the United Nations. The OSCE participating States commit their political will, resources and practical means to the implementation of their obligations under existing interna- tional terrorism conventions and pledge themselves to intensify national, bilateral and multilat- eral efforts to combat terrorism.
2. In contribution to the world-wide efforts to combat terrorism, the OSCE will seek to add value on the basis of the specifics of the Organization, its strengths and comparative advantages: its comprehensive security concept linking the politico-military, human and economic dimensions; its broad membership; its experience in the field; and its expertise in early warning, conflict pre- vention, crisis management, post-conflict rehabilitation and building democratic institutions. In addition, many effective counter – terrorism measures fall into areas in which the OSCE is already active and proficient, such as police training and monitoring, legislative and judicial reform, and border monitoring.
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3. The aim of the Action Plan is to establish a framework for comprehensive OSCE action to be taken by participating States and the Organization as a whole to combat terrorism, fully respect- ing international law, including the international law of human rights and other relevant norms of international law. The Action Plan seeks to expand existing activities that contribute to combating terrorism, facilitate interaction between States and, where appropriate, identify new instruments for action. The Action Plan, which recognizes that the fight against terrorism requires sustained efforts, will identify activities to be implemented immediately as well as over the medium and long term.
II. International legal obligations and political commitments
4. United Nations conventions and United Nations Security Council resolutions(UNSCR) consti- tute the global legal framework for the fight against terrorism. UNSCR 1269 (1999), 1368, 1373 and 1377 (2001), along with the 12 relevant United Nations conventions and protocols on anti-terror- ism issues, provide the basis for this framework and include a number of specific elements of com- bating terrorism. In addition, a range of OSCE documents, including Summit declarations from Helsinki to Istanbul, spell out the OSCE’s commitment to fight terrorism, in accordance with the Charter of the United Nations. The widest and most comprehensive participation in and imple- mentation of existing instruments and commitments to combat terrorism by the participating States must be pursued and ensured.
5. Participating States: Pledge themselves to apply efforts to become parties to all 12 United Nations conventions and protocols relating to terrorism, by 31 December, 2002, if possible, recognizing the important role that parliamentarians may play in ratification and other anti-terrorism legislative processes. States are encouraged to inform the Permanent Council of steps taken in this regard. Will participate constructively in the ongoing negotiations at the United Nations on a Comprehen- sive Convention against International Terrorism and an International Convention for the Suppres- sion of Acts of Nuclear Terrorism, with a view to their early and successful conclusion.
6. Office for Democratic Institutions and Human Rights (ODIHR): Will, on formal request by interested participating States and where appropriate, offer technical assistance/ advice on leg- islative drafting necessary for the ratification of international instruments, in close co-operation with other organizations, including the United Nations Office for Drug Control and Crime Pre- vention (UNODCCP).
7. Participating States: Will consider how the OSCE may draw upon best practices and lessons learned from other relevant groups, organizations, institutions and fora in areas such as police and judicial co-operation; prevention and suppression of the financing of terrorism; denial of other means of support; border controls including visa and document security; and access by law enforcement authorities to information.
8. The participating States will also use the Forum for Security Co-operation (FSC) to strengthen their efforts in combating terrorism through full and timely implementation of all relevant meas- ures agreed by the OSCE. To this end they will enhance implementation of existing politico-mili- tary commitments and agreements, in particular the Code of Conduct on Politico-Military Aspects of Security and the Document on Small Arms and Light Weapons (SALW).
The FSC will examine the relevance of its other documents to the fight against terrorism, and will assess whether there is a need to develop additional norms and measures. The Security Dialogue may serve as a suitable basis for regular consultations on these issues within the FSC.
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The participating States will submit responses to the Code of Conduct Questionnaire that provide further transparency on international, regional and national commitments in combating terror- ism, especially relevant United Nation conventions and resolutions. The FSC will consider ways to fully implement the Document on SALW, inter alia, Section V on early warning, conflict preven- tion, crisis management, and post-conflict rehabilitation. The FSC will examine the possibility of enhancing transparency on national marking systems, exports and imports, and national stock- pile management and security procedures, primarily by reviewing the information thus exchanged and developing best practice guides. The follow-up conference on the Code of Conduct and the SALW workshop, both of which will take place in 2002, could further enhance the application of these documents in combating terrorism.
III. Preventive action against terrorism in the OSCE area
9. No circumstance or cause can justify acts of terrorism. At the same time, there are various social, economic, political and other factors, including violent separatism and extremism, which engen- der conditions in which terrorist organizations are able to recruit and win support. The OSCE’s comprehensive approach to security provides comparative advantages in combating terrorism by identifying and addressing these factors through all relevant OSCE instruments and structures.
10. Institution building, strengthening the rule of law and state authorities: ODIHR: Will con- tinue and increase efforts to promote and assist in building democratic institutions at the request of States, inter alia by helping to strengthen administrative capacity, local and central government and parliamentary structures, the judiciary, ombudsman institutions and civil society. Will facil- itate exchanges of best practices and experience between participating States in this regard. Will continue to develop projects to solidify democratic institutions, civil society and good governance.
11. Promoting human rights, tolerance and multi-culturalism: Participating States/ Permanent Council/ODIHR/High Commissioner on National Minorities (HCNM)/ Representative on Free- dom of the Media: Will promote and enhance tolerance, co-existence and harmonious relations between ethnic, religious, linguistic and other groups as well as constructive co-operation among participating States in this regard. Will provide early warning of and appropriate responses to violence, intolerance, extremism and discrimination against these groups and, at the same time, promote their respect for the rule of law, democratic values and individual freedoms. Will work to ensure that persons belonging to national minorities have the right freely to express, preserve and develop their ethnic, cultural, linguistic or religious identity.
12. Representative on Freedom of the Media: Will consider developing projects aimed at support- ing tolerance towards people of other convictions and beliefs through the use of the media. Will promote measures aimed at preventing and fighting aggressive nationalism, racism, chauvinism, xenophobia and anti-Semitism in the media. Will continue to encourage pluralistic debate and increased media attention to promoting tolerance of ethnic, religious, linguistic and cultural diver- sity and will, in this context, promote broad public access to media as well as monitor hate speech.
13. Addressing negative socio-economic factors: Participating States/Secretariat: Will aim to identify economic and environmental issues that undermine security, such as poor governance; corruption; illegal economic activity; high unemployment; widespread poverty and large dispar- ities; demographic factors; and unsustainable use of natural resources; and will seek to counter such factors with the assistance, on their request, of the Office of the Co-ordinator of OSCE Eco- nomic and Environmental Activities (OCEEA), acting, among other things, as a catalyst for action and co-operation.
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14. Preventing violent conflict and promoting peaceful settlement of disputes: Drawing on all its capacities, the OSCE will continue and intensify work aimed at early warning and appropriate response, conflict prevention, crisis management and post-conflict rehabilitation; will strengthen its ability to settle conflicts; will increase efforts to find lasting solutions to unresolved conflicts, including through promotion of the rule of law and crime prevention in such conflict zones through increased co-operation with the United Nations, the European Union and other international organ- izations; and will further develop its rapid deployment capability (REACT) in crisis situations.
15. Addressing the issue of protracted displacement: Participating States/ODIHR/ HCNM/Rep- resentative on Freedom of the Media: Will explore strengthened OSCE potential for contributing to durable solutions, supporting and closely co-operating with other relevant organizations, pri- marily the Office of the United Nations High Commissioner for Refugees. Will closely monitor situations of protracted displacement.
16. Strengthening national anti-terrorism legislation: Participating States: Will commit them- selves to implementing all the obligations they have assumed under relevant conventions and protocols relating to terrorism as well as the United Nations Convention against Transnational Organized Crime and its additional protocols, sharing information and methods in this regard and considering ways and means of co-operation in implementation at bilateral, OSCE-wide and sub-regional meetings.
17. OSCE Parliamentary Assembly: Will continue its efforts to promote dialogue among OSCE par- liamentarians with a view to strengthening legislation essential in combating terrorism.
18. ODIHR: Will, on request by interested participating States and where appropriate, offer techni- cal assistance/advice on the implementation of international anti-terrorism conventions and pro- tocols as well as on the compliance of this legislation with international standards, in accordance with Permanent Council decisions, and will seek cooperation with other organizations, especially the UNODCCP, to this end. Will consider facilitating contacts between national experts to pro- mote exchange of information and best practices on counter-terrorism legislation.
19. Supporting law enforcement and fighting organized crime: Participating States: Noting the close connection between terrorism and transnational organized crime, illicit trafficking in drugs, money laundering and illicit arms trafficking, will take the necessary steps to prevent in their ter- ritory illegal activities of persons, groups or organizations that instigate, finance, organize, facili- tate or engage in perpetration of acts of terrorism or other illegal activities directed at the violent overthrow of the political regime of another participating State. Will afford one another the great- est measure of assistance in providing information in connection with criminal investigations or criminal extradition proceedings relating to terrorist acts, in accordance with their domestic law and international obligations.
20. Permanent Council: Will consider arranging regular meetings of law enforcement officials of participating States and, where applicable, of OSCE experts with relevant experience in the field to exchange best practices and ways of improving co-operation.
21. Secretariat: Will assist participating States, on their request, through measures to combat traf- ficking in human beings, drugs and small arms and light weapons, in accordance with relevant Permanent Council decisions, and will undertake efforts to assist in facilitating increased border monitoring, where appropriate. Will further assist participating States, on the request and with their agreement, through provision of advice and assistance on restructuring and/or reconstruc- tion of police services; monitoring and training of existing police services, including human rights
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training; and capacity building, including support for integrated or multi-ethnic police services. Will, to this end, reinforce its existing police-related activities in conflict prevention, crisis man- agement and post-conflict rehabilitation.
22. ODIHR: Will provide continued advice to participating States, at their request, on strength- ening domestic legal frameworks and institutions that uphold the rule of law, such as law enforce- ment agencies, the judiciary and the prosecuting authorities, bar associations and defence attorneys. Will expand its efforts to combat trafficking in human beings and to support victims of traffick- ing. Will, where appropriate, support prison reform and improvements in criminal procedure.
23. Representative on Freedom of the Media: Will co-operate in supporting, on request, the draft- ing of legislation on the prevention of the abuse of information technology for terrorist purposes, ensuring that such laws are consistent with commitments regarding freedom of expression and the free flow of information.
24. Suppressing the financing of terrorism: Participating States: Will, within the framework of the United Nations Convention on the Suppression of Financing of Terrorism and UNSCR 1373 (2001), take action to prevent and suppress the financing of terrorism, criminalize the wilful pro- vision or collection of funds for terrorist purposes, and freeze terrorist assets also bearing in mind UNSCR 1267 (1999). Will, in accordance with their domestic legislation and obligations under international law, provide early response to requests for information by another participating State and relevant international organizations.
25. Participating States/Secretariat: Will, in the realm of the Economic and Environmental activ- ities for 2002, also consider ways of combating economic factors which may facilitate the emer- gence of terrorism, economic consequences of terrorism as well as financial support for terrorists. Will consider how the OSCE may contribute, within the framework of its work on transparency and the fight against corruption, to the wider international effort to combat terrorism. Will con- sider taking on a catalytic role in providing targeted projects for the training of the personnel of domestic financial institutions in counter-terrorism areas, inter alia on monitoring of financial flows and on prevention of money laundering. Participating States will participate constructively in the forthcoming negotiations at the United Nations on a global instrument against corruption, with a view to their early and successful conclusion.
26. Preventing movement of terrorists: Participating States: Will prevent the movement of terrorist individuals or groups through effective border controls and controls on issuance of identity papers and travel documents, as well as through measures for ensuring the security of identity papers and travel documents and preventing their counterfeiting, forgery and fraudulent use. Will apply such control measures fully respecting their obligations under international refugee and human rights law. Will, through the proper application of the exclusion clauses contained in the 1951 Conven- tion Relating to the Status of Refugees and its 1967 Protocol, ensure that asylum is not granted to persons who have participated in terrorist acts. Will provide for the timely detention and prose- cution or extradition of persons charged with terrorist acts, in accordance with their obligations under international and national law.
IV. Action under the Platform for Co-operative Security – Co-operation with other organizations
27. The United Nations is the framework for the global fight against terrorism. Close cooperation and co-ordination between all relevant actors must be secured. The OSCE can take on a co-ordi- nating role for inter – and intra-regional initiatives. The OSCE reaches out through close contacts
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to non-governmental organizations (NGOs), civil society and parliamentarians, creating an ever- closer network for the international coalition against terrorism.
28. Participating States/Secretariat: Will strengthen co-operation and information exchanges, both formally and informally, with other relevant groups, organizations, and institutions involved in combating terrorism. Will strengthen co-operation with the European Union on analysis and early warning and reinforce synergy with the Stability Pact for South Eastern Europe and the Cen- tral European Initiative in areas relevant to combating terrorism. Will promote dialogue within the OSCE area on issues relating to new threats and challenges. Will broaden dialogue with part- ners outside the OSCE area, such as the Mediterranean Partners for Co-operation and Partners for Co-operation in Asia, the Shanghai Co-operation Organization, the Conference on Interac- tion and Confidence-Building Measures in Asia, the Organization of the Islamic Conference, the Arab League, the African Union, and those States bordering on the OSCE area to exchange best practices and lessons learned in counter-terrorism efforts for application within the OSCE area.
V. Follow-up
29. The “Bishkek International Conference on Enhancing Security and Stability in Central Asia: Strengthening Comprehensive Efforts to Counter Terrorism”, to be held on 13 and 14 December 2001 in Bishkek, will be a first opportunity to: • discuss among a broad range of participants, on the basis of the present Action Plan, concrete experiences and best practices in combating international terrorism and • due to the specific security challenges to which this region is exposed, apply relevant provisions of this Action Plan for practical support to participating States in Central Asia, including finan- cial and technical assistance in concrete areas of their interest.
30. The Secretary General will, by 27 December 2001, report to the United Nations Counter Ter- rorism Committee on action on combating terrorism taken by the OSCE, and will thereafter inform the United Nations as appropriate. In addition, he will regularly inform the Permanent Council about OSCE activities under this Plan of Action. He will prepare a report for submission to the next OSCE Ministerial Council/Summit on activities of OSCE bodies in the anti-terrorism field, and thereafter as requested by the Permanent Council. 31. Each OSCE body called upon to take action under this Plan will prepare, for submission to the Permanent Council, a “road map” for implementation of these tasks, including a timetable, resource implications, and indication of activities requiring further Permanent Council decisions.
On the basis of information provided by other OSCE bodies, the Secretariat will prepare an indic- ative assessment of the administrative and financial implications of this Plan of Action, includ- ing the possible need for establishing an anti-terrorism unit or focal point within the Secretariat, and make recommendations for the approval by the Permanent Council of necessary resources within the 2002 budget. The Permanent Council, acting, inter alia, through the Chairman-in-Of- fice and assisted by the Secretariat, will monitor the implementation of this Action Plan. It will further identify sources for assistance in implementing counter-terrorism measures, including expert teams, and possible additional tasking by the Permanent Council of OSCE field presences in close co-operation and agreement with host governments. (…)
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V. Decisions of the Bucharest Ministerial Council Meeting
Decision No. 5
The Ministerial Council,
Reaffirming its concern about manifestations of aggressive nationalism, racism, chauvinism, xen- ophobia, anti-semitism and violent extremism, wherever they may occur,
Reiterating its determination to implement all OSCE commitments on taking measures in this regard,
Calls on participating States to promote tolerance and non-discrimination also through aware- ness raising campaigns and education; Calls on OSCE institutions, particularly the ODIHR, the High Commissioner on National Minorities, and the Representative on Freedom of the Media, to pay increased attention to manifestations of aggressive nationalism, racism, chauvinism, xen- ophobia, anti-semitism and violent extremism, to countering intolerance and discrimination on the ground of racial or ethnic origin, religious, political or other opinion and to fostering respect for rule of law, democratic values, human rights and fundamental freedoms, including freedom of expression, thought, conscience, religion or belief;
Tasks the Permanent Council to consider developing further measures in this regard.
Decision No. 6
The Ministerial Council,
Reiterating its commitment to combat all forms of trafficking in human beings, which affects all participating States,
Affirming its commitment to developing co-operation and interaction among participating States on anti-trafficking measures and related crimes,
Calls on participating States to sign and ratify the United Nations Convention against Transna- tional Organized Crime, and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children;
Welcomes the successful completion of the OSCE’s Code of Conduct and Anti-Trafficking Guide- lines and their dissemination to the OSCE staff;
Reaffirms its support for the work of the ODIHR, field operations and Stability Pact Task Force on combating trafficking in Human Beings;
Encourages information exchange with a view to strengthening investigation, law enforcement and crime prevention;
Calls on participating States to accelerate taking the necessary measures to fulfil their Vienna min- isterial commitments which include prevention of trafficking, protection of victims and prosecu- tion of traffickers and their accomplices.
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Decision No. 7
The Ministerial Council, Noting the conclusions of the Bucharest Conference on Equal Opportu- nities for Roma and Sinti,
Expressing its support for the work of the Contact Point on Roma and Sinti Issues and its com- mitment to strengthening the Contact Point,
Tasks the ODIHR to elaborate an Action Plan of targeted activities as mandated by the Istanbul Summit, as one of the ways the ability of the Contact Point can be strengthened to assist partici- pating States in fulfilling their commitments to improve the situation of Roma and Sinti, and to submit it to the Permanent Council;
Encourages the Contact Point on Roma and Sinti Issues to continue its work in close cooperation with participating States, Council of Europe and other relevant organizations and to inform the Permanent Council of these matters.
Decision No. 8
The Ministerial Council,
Recognizing that equality of women and men is essential to sustainable democracy and stability in the OSCE region,
Convinced of women’s potential to contribute to conflict prevention, reconciliation and peace-build- ing processes,
Confirming the commitment to protect and promote the rights of women and being aware of the vulnerability of women especially in conflict and post-conflict situations,
Determined to combat all forms of violence against women, including domestic violence,
Recognizing the need for rehabilitation centres for women affected by violence, Welcoming the fact that during this year the OSCE has given more attention to the problem of violence against women, which affects all OSCE participating States,
Calls for the implementation of the Action Plan on Gender Issues;
Tasks the Permanent Council to consider how the OSCE can contribute to preventing violence against women.
Decision No. 9
Police-Related Activities
The Ministerial Council,
Reaffirming the understanding at the Istanbul Summit that new risks and challenges to security have arisen globally and in the OSCE area, and that these new challenges – international terrorism, violent extremism, organized crime and drug trafficking as well as the excessive and destabilizing
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accumulation and uncontrolled spread of small arms and light weapons – represent growing chal- lenges to security;
Reaffirming the Istanbul commitment to co-operate more actively and closely with each other to meet these challenges, and to strengthen protection against these new risks and challenges;
Noting the commitment at Istanbul to meet common challenges, and the understanding that strong democratic institutions and the rule of law are the foundation for protection against these new risks and challenges;
Affirming that effective policing is essential to uphold the rule of law and to defend democratic institutions;
Also affirming that greater co-operation between and among participating States in police-related activities can contribute to meeting these new risks and challenges;
Recalling the undertaking by OSCE participating States at the Istanbul Summit to expand the ability to carry out police-related activities in order to assist in maintaining the primacy of law;
Recalling also the commitments contained in Articles 44 and 45 of the Istanbul Charter for Euro- pean Security to enhance the OSCE’s role in civilian police-related activities as an integral part of the Organization’s efforts in conflict prevention, crisis management and post-conflict rehabilitation;
Recalling as well the Istanbul commitment to promote the development of independent judicial systems that play a key role in providing remedies for human rights violations as well as provid- ing advice and assistance for prison system reforms, and to work with other international organ- izations in the creation of political and legal frameworks within which the police can perform its tasks in accordance with democratic principles and the rule of law;
Pursuant to the Decision of the Ministerial Council of 28 November 2000 on policerelated activ- ities, and taking note of the discussion at the meeting of police experts held in Vienna on 28 and 29 June 2001;
Noting the Decision of the Ministerial Council of 4 December 2001 on combating terrorism, and the pledge therein of all OSCE participating States to reinforce and develop bilateral and multi- lateral co-operation within the OSCE, with the United Nations and with other international and regional organizations, in order to combat terrorism in all its forms and manifestations, wherever and by whomever committed, in accordance with their international commitments;
Also acknowledging the role of law enforcement in furthering the Decision of the Ministerial Coun- cil of 28 November 2000 on enhancing the OSCE’s efforts to combat trafficking in human beings, and in implementing the Forum for Security Co-operation Decision of 24 November 2000 on the OSCE Document on Small Arms and Light Weapons;
And noting the increase in requests from participating States to the OSCE for assistance in police-re- lated activities, and the recent expansion of the Organization’s efforts to monitor police activities and to provide police training, including in multi-ethnic and/or multi-religious police services, in crisis or post-conflict situations;
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1. Agrees that in developing plans for OSCE police-related activities in meeting new security chal- lenges and in enhancing OSCE police-related activities directed to conflict prevention, crisis man- agement and post-conflict rehabilitation, the OSCE will: • strive to ensure continuity in institution building and functional transition from and disen- gagement of international assistance; • explore and build on the role of police training, particularly integrated police training, in cre- ating police services that can enjoy the confidence of the entire population, and as a confi- dence-building measure; and, • examine the options and conditions for an OSCE role in law enforcement.
2. Decides to reinforce the OSCE’s existing police-related activities in conflict prevention, crisis management and post-conflict rehabilitation including, at the request of participating States and with their agreement, through provision of advice and assistance on restructuring and/or recon- struction of police services; monitoring and training of existing police services, including train- ing regarding human rights and fundamental freedoms; and capacity building, including support for integrated or multi-ethnic police services, where appropriate.
3. Decides to increase and promote co-operation among participating States in countering new security challenges, including by: – at the request of participating States and with their agreement, and, as necessary in accord- ance with current OSCE procedures, on the decision of the Permanent Council, providing and co-ordinating OSCE police training, including at the subregional level, with a view to: • improving operational and tactical policing capacities; • enhancing key policing skills, including respect for human rights and fundamental freedoms, and, as appropriate, dealing with the criminal aspects of illegal migration; and, • increasing community policing, anti-drug, anti-corruption and anti-terrorist capacities; and, – at the request of participating States and with their agreement: • providing advice or arranging for the provision of expert advice on requirements for effective policing (needs assessments) and how to meet them, including by facilitating or identifying fund- ing to implement such advice from the OSCE; from its participating States through extra-budg- etary funding; or from other relevant international or regional organizations; and, • encouraging where appropriate the exchange of information among and between participat- ing States regarding lessons learned and best policing practices in countering these new secu- rity challenges.
4. In support of the above activities and undertakings, in accordance with the Platform for Co-op- erative Security, the OSCE will: • convene as appropriate and preferably annually meetings of police experts from OSCE par- ticipating States, and representatives of other relevant specialized international and regional organizations; • ensure that OSCE activities in police-related issues are conducted in co-ordination with other relevant actors and organizations, including reviewing and if possible enhancing compatibility with subregional, regional and international efforts, with a view to maximizing efficiency and benefit to the Organization, the host participating State, and to avoiding gaps, duplication or overlapping of competencies; and,
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• promote the capabilities and capacities of the Organization in designing, conducting and man- aging effective OSCE police training, monitoring and capacity building, including through the development of links to other relevant organizations and national agencies as well as the prin- cipal humanitarian aid agencies.
5. In keeping with the above undertakings, participating States commit to: • enhance co-operation on police-related issues between and among themselves in order to address new risks and challenges to their security, both bilaterally and multilaterally, and, where appro- priate, through increased contacts between relevant bodies; and, • share OSCE expertise and lessons learned in police-related activities with other relevant inter- national organizations of which they are members with a view to more effective international action to address these new risks and challenges to security.
6. The Permanent Council will review annually OSCE police-related activities, on the basis of an annual report on OSCE police-related activities from the Secretary General, with a view, inter alia, to considering how these activities might best contribute to addressing challenges to security, and to decide appropriate follow-up action in accordance
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I. Porto Ministerial Declaration
Responding to Change
1. We, the Ministers for Foreign Affairs of the participating States of the Organization for Secu- rity and Co-operation in Europe, have met in Porto and reaffirmed our determination to work together to protect our peoples from existing and emerging threats to security. The evolving polit- ical, security and economic environment creates new challenges for the OSCE. As we advance in the new century, we see these challenges more clearly and the OSCE’s unique contribution to an international community in which all nations and individuals can feel secure becomes ever more valuable. We have a historic opportunity to consolidate lasting peace, prosperity and democracy throughout a Europe which is becoming ever more united.
2. We reaffirm our commitment to promote security and co-operation throughout an OSCE area with no dividing lines, by building mutual confidence and working together to resolve security issues in a spirit of transparency and partnership. Our efforts will be complemented by those of other international organizations and institutions with which we will co-operate closely, on the basis of the Platform for Co-operative Security.
3. At the same time, our Organization must develop new responses to the changing nature of the threats to our security, embracing and enhancing all three dimensions of our comprehensive approach. Our efforts to promote peace and stability must go hand in hand with our determina- tion to ensure full respect for human rights, fundamental freedoms and the rule of law, and to reinforce the conditions essential for sustainable development in all our States.
4. Terrorism, as recent terrorist acts like the hostage-taking in Moscow demonstrate, remains a threat to individual and global security. The Charter on Preventing and Combating Terrorism which we have adopted today sets out the principles of our common approach to terrorism. Last year, in Bucharest, following the events of 11 September, we adopted a Plan of Action for Combating Ter- rorism, and today we have decided to further intensify our efforts to implement it.
5. In order to ensure that the OSCE can effectively respond to present and future demands, we have concluded that it should continue to develop during 2003 a strategy to address threats to security and stability in the twenty-first century. The OSCE Annual Security Review Conference, on which we have decided today, will provide a framework for enhancing security dialogue and for review- ing security work undertaken by the OSCE and its participating States. We have also decided to review the OSCE role in peacekeeping operations, with a view to assessing the OSCE’s capacity and identifying options for its involvement in this field.
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6. Good policing can make a major contribution to security and stability. We confirm that the OSCE should continue to develop its capacity to assist participating States wishing to strengthen their policing skills and we encourage participating States to provide the necessary resources. (…)
8. The Human Dimension remains at the core of the activities of the Organization. The new modal- ities for the OSCE Human Dimension Implementation meetings adopted this year will further enhance the effectiveness of the work of the Organization and its institutions. We have agreed to revise and update the OSCE Plan of Activities to Combat Trafficking in Human Beings. The pro- motion of tolerance and non-discrimination, on which we have adopted a separate decision, is a high priority. We have also adopted a decision on election commitments and we will co-operate further in this field.
9. We recognize the significant contribution of our institutions and field operations, through their dedicated staff, in putting into practice the goals and principles of our Organization, in co-opera- tion with host States. We task the Permanent Council to consider, as appropriate, ways of further improving the functioning and effectiveness of field operations.
II. OSCE Charter on Preventing and Combating Terrorism
The OSCE participating States, firmly committed to the joint fight against terrorism,
1. Condemn in the strongest terms terrorism in all its forms and manifestations, committed no matter when, where or by whom and reiterate that no circumstance or motive can justify acts of or support for terrorism;
2. Firmly reject identification of terrorism with any nationality or religion and reaffirm that action against terrorism is not aimed against any religion, nation or people;
3. Recognize that terrorism requires a co-ordinated and comprehensive response and that acts of international terrorism, as stated in the United Nations Security Council resolution 1373 (2001), constitute a threat to international and regional peace and security;
4. Declare that acts, methods and practices of terrorism, as well as knowingly providing assistance to, acquiescing in, financing, planning and inciting such acts, are contrary to the purposes and principles of the United Nations and the OSCE;
5. Consider of utmost importance to complement the ongoing implementation of OSCE com- mitments on terrorism with a reaffirmation of the fundamental and timeless principles on which OSCE action has been undertaken and will continue to be based in the future, and to which par- ticipating States fully subscribe;
6. Reaffirm their commitment to take the measures needed to protect human rights and fundamen- tal freedoms, especially the right to life, of everyone within their jurisdiction against terrorist acts;
7. Undertake to implement effective and resolute measures against terrorism and to conduct all counter-terrorism measures and co-operation in accordance with the rule of law, the United Nations Charter and the relevant provisions of international law, international standards of human rights and, where applicable, international humanitarian law;
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8. Reaffirm that every State is obliged to refrain from harbouring terrorists, organizing, instigat- ing, providing active or passive support or assistance to, or otherwise sponsoring terrorist acts in another State, or acquiescing in organized activities within its territory directed towards the com- mission of such acts;
9. Will co-operate to ensure that any person who wilfully participates in financing, planning, pre- paring or perpetrating terrorist acts, or in supporting such acts, is brought to justice and, to that end, will afford one another the greatest measure of assistance in providing information in con- nection with criminal investigations or criminal extradition proceedings relating to terrorist acts, in accordance with their domestic law and international obligations;
10. Will take appropriate steps to ensure that asylum is not granted to any person who has planned, facilitated or participated in terrorist acts, in conformity with relevant provisions of national and international law, and through the proper application of the exclusion clauses contained in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol;
11. Recognize that the relevant United Nations conventions and protocols, and United Nations Security Council resolutions, in particular United Nations Security Council resolution 1373 (2001), constitute the primary international legal framework for the fight against terrorism;
12. Recognize the importance of the work developed by the United Nations Security Council Coun- ter-Terrorism Committee and reaffirm the obligation and willingness of participating States and the OSCE to co-operate with this Committee;
13. Recall the OSCE’s role as a regional arrangement under Chapter VIII of the United Nations Charter, and its obligations in this context to contribute to the global fight against terrorism;
14. Recall their Decision on Combating Terrorism and its Plan of Action for Combating Terror- ism, adopted at the Ninth Meeting of the OSCE Ministerial Council in Bucharest and reaffirm the commitments contained therein;
15. Take note with satisfaction of the Declaration and the Programme of Action adopted at the Bishkek International Conference on Enhancing Security and Stability in Central Asia: Strength- ening Comprehensive Efforts to Counter Terrorism, held on 13 and 14 December 2001;
16. Reiterate the commitment undertaken in the framework of the Charter for European Secu- rity, including the Platform for Co-operative Security, adopted at the Istanbul Summit, to co-op- erate more actively and closely with each other and with other international organizations to meet threats and challenges to security;
17. Underscore that the prevention of and fight against terrorism must be built upon a concept of common and comprehensive security and enduring approach, and commit to using the three dimensions and all the bodies and institutions of the OSCE to assist participating States, at their request, in preventing and combating terrorism in all its forms;
18. Undertake to fulfil their obligation, in accordance with the United Nations conventions, proto- cols and Security Council resolutions, as well as other international commitments, to ensure that terrorist acts and activities that support such acts, including the financing of terrorism, are estab- lished as serious criminal offences in domestic laws;
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19. Will work together to prevent, suppress, investigate and prosecute terrorist acts, including through increased co-operation and full implementation of the relevant international conventions and protocols relating to terrorism;
20. Are convinced of the need to address conditions that may foster and sustain terrorism, in par- ticular by fully respecting democracy and the rule of law, by allowing all citizens to participate fully in political life, by preventing discrimination and encouraging intercultural and inter-reli- gious dialogue in their societies, by engaging civil society in finding common political settlement for conflicts, by promoting human rights and tolerance and by combating poverty;
21. Acknowledge the positive role the media can play in promoting tolerance and understanding among religions, beliefs, cultures and peoples, as well as for raising awareness of the threat of ter- rorism;
22. Commit themselves to combat hate speech and to take the necessary measures to prevent the abuse of the media and information technology for terrorist purposes, ensuring that such meas- ures are consistent with domestic and international law and OSCE commitments;
23. Will prevent the movement of terrorist individuals or groups through effective border controls and controls relating to the issuance of identity papers and travel documents;
24. Recognize the need to complement international co-operation by taking all necessary measures to prevent and suppress, in their territories through all lawful means, assistance to, and the financ- ing and preparation of, any acts of terrorism, and to criminalize the wilful provision or collection of funds for terrorist purposes, in the framework of their obligations under the International Conven- tion for the Suppression of the Financing of Terrorism and relevant Security Council resolutions;
25. Reaffirm their commitment to fulfil their international obligations, as set out in United Nations Security Council resolutions 1373 (2001) and 1390 (2002), and in particular to freeze the assets of those designated by the Committee established pursuant to United Nations Security Council res- olution 1267 (1999);
26. Note with concern the links between terrorism and transnational organized crime, money laundering, trafficking in human beings, drugs and arms, and in this regard emphasize the need to enhance co-ordination and to develop co-operative approaches at all levels in order to strengthen their response to these serious threats and challenges to security and stability;
27. Declare their determination to use in good faith all relevant instruments available within the politico-military dimension of the OSCE, as represented by the Forum for Security Co-operation, and emphasize the importance of fully implementing these instruments in particular, the Code of Conduct on Politico-Military Aspects of Security and the OSCE Document on Small Arms and Light Weapons;
28. Reaffirm that arms control, disarmament and non-proliferation remain indispensable ele- ments of co-operative security between States; that they can also make an essential contribution by reducing the risk of terrorists gaining access to weapons and materials of mass destruction and their means of delivery;
Express determination to combat the risk posed by the illicit spread of and access to conventional weapons, including small arms and light weapons;
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Will make every effort to minimize those dangers through national efforts and through strength- ening and enhancing the existing multilateral instruments in the fields of arms control, disarma- ment and non-proliferation including the OSCE Principles Governing Non-Proliferation and to support their effective implementation and, where applicable, universalization.
III. Declaration on Trafficking in Human Beings
I.
We, the members of the Ministerial Council of the OSCE, declare that trafficking in human beings represents a dangerous threat to security in the OSCE area and beyond.
We declare that trafficking in human beings and other modern forms of slavery constitute an abhorrent violation of the dignity and rights of human beings.
We recognize that trafficking in human beings represents a serious and rapidly expanding area of transnational organized crime, generating huge profits for criminal networks that may also be asso- ciated with criminal acts such as trafficking in drugs and arms, as well as smuggling of migrants.
We recall and reaffirm our full adherence to the OSCE’s commitments to combating trafficking in human beings, as reflected in the Moscow Document of 1991, the Charter for European Secu- rity adopted in Istanbul in 1999, Ministerial Council Decision No. 1 adopted in Vienna in 2000, Permanent Council Decision No. 426 and Ministerial Council Decision No. 6 adopted in Bucha- rest in 2001, and declare our determination to strengthen co-operation in addressing trafficking in human beings in countries of origin, transit and destination.
We reaffirm our determination to combat all forms of trafficking in human beings and call on States that have not done so to consider ratifying or acceding to the United Nations Convention Against Transnational Organized Crime and to its supplementary Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, and to take into account the definition of trafficking in human beings given in the said Protocol.
We declare that ratification and full implementation of both these instruments would enhance the international and national legal framework and enforcement capacities for combating trafficking in human beings. We strongly encourage States to consider concurrent ratification and full imple- mentation of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, also supple- menting the above-mentioned Convention.
We reaffirm our support for the ODIHR’s Anti-Trafficking and Gender Issues units and favour an increased involvement of the ODIHR’s Contact Point for Roma and Sinti Issues. We also reaffirm our support for OSCE field operations and the OSCE Secretariat, especially the OSCE Adviser on Gender Issues. We commend them for their comprehensive approach and for facilitating national efforts in prevention of trafficking in human beings, prosecution of its perpetrators and protec- tion and assistance to victims.
We also support the work of the Stability Pact Task Force on Trafficking in Human Beings under the auspices of the OSCE. We commend its role as a driving force for the promotion of regional co-operation and the development of relevant initiatives.
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II.
We recognize the need to address root causes of trafficking and to reduce the economic and social inequalities and disadvantages, which also provoke illegal migration, and which may be exploited by organized criminal networks for their profit. We also recognize the need to fight corruption, which facilitates the operation of such networks. We recommend that the Office of the Co-ordi- nator of OSCE Economic and Environmental Activities play an increased role in addressing all economic aspects of trafficking in human beings.
We recognize that, in countries of destination, demand for the activities of persons trafficked for the purposes of sexual exploitation, forced labour, slavery or other practices similar to slavery is an integral factor in trafficking in human beings. We urge countries of destination to take measures to effectively address such a demand as a key element in their strategy for effectively preventing and combating trafficking in human beings, and to exercise zero tolerance towards sexual exploitation, slavery and all forms of exploitation of forced labour, irrespective of its nature.
We are deeply concerned about reports of involvement by some mission members of international organizations in activities related to trafficking in human beings, particularly in post-conflict countries. We reiterate the importance of Permanent Council Decision No. 426, of 12 July 2001, on trafficking in human beings and encourage the adoption and implementation of relevant meas- ures such as the .OSCE Code of Conduct for Mission Members.. We will not tolerate international staff members being involved in any illegal activities, inciting this criminal trade or behaving in contravention of this Code of Conduct. We commit ourselves to take all practicable measures to ensure the accountability of international staff members to their respective national, and when appropriate local, authorities for such activities.
We express our concern about the increase in trafficking in minors and, recognizing the special needs of children, we support more research and exchange of information on trafficking in chil- dren and, with due regard to the best interest of the child as the primary consideration in all actions concerning children, call for the elaboration of special measures to protect trafficked minors from further exploitation, mindful of their psychological and physical well-being.
We will strive for adequate measures to prevent trafficking in human beings in our countries, tak- ing the form, inter alia, of target-oriented awareness raising campaigns and education in countries of origin and transit, directed in particular towards youth and other vulnerable groups, and will seek to develop appropriate campaigns in countries of destination, to organize training for rele- vant officials and government employees in the areas of law enforcement, border control, criminal justice and social services, and to recommend full co-operation with NGOs in this field.
We will strive to render assistance and protection to the victims of trafficking, especially women and children, and to this end, when appropriate, to establish effective and inclusive national refer- ral mechanisms, ensuring that victims of trafficking do not face prosecution solely because they have been trafficked. The dignity and human rights of victims must be respected at all times. We will consider adopting appropriate measures, such as shelters, and establishing appropriate repa- triation processes for the victims of trafficking, with due regard to their safety, including the pro- vision of documents; and developing policies concerning the provision of economic and social benefits to victims, as well as their rehabilitation and reintegration in society.
We recognize that intensified co-operation among relevant actors in countries of origin, tran- sit and destination plays a critical role in the return programmes for victims of trafficking and
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facilitates their reintegration. Therefore, we encourage all organizations providing assistance to victims, including NGOs, to further develop such co-operation.
We will consider adopting legislative or other measures that permit victims of trafficking to remain in our territory, temporarily or permanently, in appropriate cases, and giving consideration to humanitarian and compassionate factors.
We call on participating States to enhance international co-operation in combating transna- tional organized crime, including criminal acts such as trafficking in drugs and arms, as well as smuggling of migrants. Such co-operation should include international law enforcement bodies, such as Europol and Interpol, as well as the Southeast European Co-operative Initiative (SECI), with a view to investigating and prosecuting those responsible for trafficking in human beings in accordance with domestic law and, where applicable, international obligations. In this regard, we ask that the Senior Police Adviser should devote increased attention to the fight against traffick- ing in human beings.
We reiterate the need for national strategies in order to unite efforts directed towards combating traf- ficking in human beings and to enhance co-ordination among national, international and regional organizations in this field. This need could be met through measures such as appointing inter-min- isterial bodies and national co-ordinators or, as appropriate, other relevant bodies or mechanisms.
III.
We agree to intensify co-operation, based on a multidimensional approach, among the relevant OSCE structures and institutions, as well as among the OSCE and other relevant international organizations and actors, including the United Nations and its specialized agencies, the Council of Europe, the European Union and the International Organization for Migration, and task the Permanent Council with examining how better to assure such a co-operation with a view to com- bating trafficking in human beings.
We task the Permanent Council, through the informal Working Group on Gender Equality and Anti-Trafficking in Human Beings, with revising the Proposed OSCE Action Plan 2000 for Activ- ities to Combat Trafficking in Human Beings and to elaborate a new draft for further appropri- ate action by 25 July 2003.
We task the Chairmanship-in-Office and the Permanent Council with using existing OSCE bod- ies and fora to exchange information, review commitments and share best practices on combating trafficking in human beings, as well as with promoting regular participation by experts represent- ing relevant national institutions and bodies, as well as representatives of partner international organizations and NGOs. (…)
V. Decisions of the Porto Ministerial Council Meeting
Decision No. 1
Implementing the OSCE Commitments and Activities on Combating Terrorism
The Ministerial Council,
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Notes the Secretary General’s comprehensive report on the actions of OSCE bodies and institu- tions to combat terrorism, including implementation of the Bucharest Plan of Action for Combat- ing Terrorism and the Bishkek Programme of Action;
Decides that all OSCE participating States, bodies and institutions shall continue on an urgent basis to implement and ensure the effectiveness of their Bucharest commitments;
Reaffirms the commitment of all participating States to become parties as soon as possible to all 12 United Nations conventions and protocols related to terrorism and welcomes the steps under- taken by participating States that have already completed these procedures;
Commit themselves to work towards the successful conclusion of negotiations on new universal instruments in this field, presently under way within the United Nations and confirms their read- iness to consider, in co-ordination with the United Nations Security Council Counter-Terrorism Committee, requests for technical assistance and capacity building with a view to advancing the ratification and implementation of United Nations and other relevant instruments on terrorism;
Recognizing the danger posed by weapons of mass destruction in the hands of terrorists, urges all States to co-operate on negotiations underway at the United Nations on an International Convention for the Suppression of Acts of Nuclear Terrorism, and at the International Atomic Energy Agency on a protocol to the United Nations Convention on the Physical Protection of Nuclear Material;
Welcomes the activities undertaken by the Forum for Security Co-operation, as reported by its Chairperson, in line with its Road Map and urges the Forum for Security Co-operation to con- tinue to be seized with the matter of combating terrorism within its mandate and competencies;
Encourages the Co-ordinator for OSCE Economic and Environmental Activities to continue to pursue programmes in co-operation and co-ordination with the United Nations Office on Drugs and Crime to support participating States. efforts to strengthen their ability to prevent and sup- press terrorist financing;
Welcomes the decision in July 2002 (PC.DEC/487) that all participating States will complete the Financial Action Task Force (FATF) self-assessments on compliance with the Eight Special Rec- ommendations on Terrorist Financing and notes with approval the OSCE’s 88 per cent response rate to date. Commits to take steps towards speedy implementation of the Financial Action Task Force’s Eight Special Recommendations on terrorist financing;
Recalls the Personal Representative of the Chairman-in-Office for Preventing and Combating Ter- rorism’s recommendation that the OSCE pursue activities inter alia in policing, border security, anti-trafficking and suppressing terrorist financing. Requests that interested donors consider pro- viding the necessary resources to implement OSCE projects for combating terrorism;
Decides that the OSCE participating States, bodies and institutions will intensify their efforts and their collective commitment to combat terrorism and the conditions that may foster and sustain it by exploiting its strengths and comparative advantages: its comprehensive approach to security; its expertise in early-warning, conflict prevention, crisis management and post-conflict rehabili- tation; its wide ranging repertoire of proven confidence – and security-building measures and its expertise in capacity building.
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Decision No. 2
Development of an OSCE Strategy to Address Threats to Security and Stability in the Twenty-First Century
The Ministerial Council,
Guided by the Bucharest Ministerial Declaration (2001) and, in particular, paragraph 8 on the devel- opment of an OSCE strategy to address threats to security and stability in the twenty-first century,
Recalling OSCE documents and decisions, including the Charter for European Security adopted at the Istanbul Summit, which identify risks and challenges to security, and reaffirming the com- mitment of the participating States to co-operate in a spirit of solidarity in countering them on the basis of the United Nations Charter, norms and principles of international law and commit- ments taken upon within the OSCE,
Bearing in mind the need to further the concept of the common comprehensive and indivisible security, based on sovereign equality and solidarity of the States,
Reconfirming the importance of the OSCE role in setting up effective co-operative mechanisms to address threats to security and stability in the Euro-Atlantic area and in broadening to this end the dialogue within the OSCE as well as its co-operation and partnership with other inter- national, regional and subregional organizations and institutions on the basis of the Platform for Co-operative Security,
Committed to reinforcing the effectiveness of security-related activities across all three dimen- sions of the OSCE in line with developing European and global processes,
Taking into account the discussions initiated by the Portuguese Chairmanship on developing a future OSCE Strategy and the contributions of the participating States,
Has decided as follows: • To task the Permanent Council to continue its work to develop, during the year of 2003, a com- prehensive OSCE Strategy to address threats to security and stability in the twenty-first century and to request the Forum for Security Co-operation to make its own contribution to this work, within its competencies and mandate.
This Strategy will, inter alia: • Identify threats to our common security and stability and analyse their changing nature and main causes; • Address the role of the OSCE bodies, institutions and field operations and their coordinated approach to countering threats to security and stability; • Set out how the OSCE can prevent or counter threats to security and stability and contribute to relevant international efforts. It should in particular: • Adapt or supplement, where necessary, the existing instruments and mechanisms of co-oper- ation within the OSCE; • Establish enhanced forms of co-operation with other organizations and institutions in this area;
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• Improve the OSCE’s response to participating States. needs in capacity building relevant to coun- tering threats to security and stability, taking into account the interests of all participating States.
In this context the participating States will use the OSCE Annual Security Review Conference, inter alia, to review the implementation of this Strategy.
The Ministerial Council also decides: • That the work on the Strategy will be carried out in a special working group of the Permanent Council in close co-operation with the Forum for Security Co-operation and in accordance with the Bucharest Ministerial Decision No. 3 on Fostering the Role of the OSCE as a Forum for Political Dialogue. The progress on the work will be reviewed, when necessary, at the spe- cial meetings of the Permanent Council and the Forum for Security Co-operation, including their joint meetings.
Decision No. 3
Annual Security Review Conference
The Ministerial Council,
Restating the OSCE’s concept of common, comprehensive, and indivisible security, Acknowledg- ing the requirement to reinforce the effectiveness of security activities across all three dimensions of the OSCE,
Reaffirming the OSCE’s role as a primary organization for the peaceful settlement of disputes within its region and as a key instrument for early warning, conflict prevention, crisis management and post-conflict rehabilitation, as well as its nature as an inclusive and comprehensive organization for consultation, decision-making and cooperation in its region,
Taking into account the Bucharest Plan of Action for Combating Terrorism and the Bishkek Pro- gramme of Action, the OSCE Charter on Preventing and Combating Terrorism, as well as the Charter for European Security adopted at the Istanbul Summit and ongoing work to elaborate an OSCE strategy to address threats to security and stability in the twenty-first century,
Emphasizing the increased importance of international co-operation and political dialogue among participating States and with other international, regional and subregional organizations in response to threats to our common security,
Mindful of the danger conflicts in various regions in the OSCE area pose to all participating States,
Recalling the Bucharest Ministerial Decision No. 3 on Fostering the Role of the OSCE as a Forum for Political Dialogue,
Acknowledging the role of the Forum for Security Co-operation as the OSCE body for, inter alia, negotiation of arms control, disarmament and confidence – and securitybuilding and for the assess- ment of the implementation of agreed measures,
Considering the role of the annual Economic Forum and its preparatory and follow-up seminars for reviewing OSCE activities in the economic and environmental dimension of security,
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Taking into account the role of the Human Dimension Implementation Meetings, Review Con- ferences, the Supplementary Human Dimension Meetings and the annual Human Dimension Seminar for reviewing the implementation of commitments in the human dimension of security,
Stressing the need to strike a proper balance among the three dimensions of the OSCE,
Determined to complement and not to duplicate or replace the activities of other OSCE bodies and institutions, including the Annual Implementation Assessment Meeting, Decides to establish an Annual Security Review Conference, with the following purpose and modalities:
I. Purpose
To provide a framework for enhancing security dialogue and for reviewing security work under- taken by the OSCE and its participating States, inter alia: • Implementation of an OSCE strategy to address threats to security and stability in the twen- ty-first century; • Implementation of OSCE commitments in combating terrorism; • Politico-military aspects of security; • Implementation of OSCE decisions and activities in the area of early warning, conflict preven- tion, crisis management, and post-conflict rehabilitation; • The security-related activities in OSCE institutions and field operations; • OSCE police-related activities; • Other security-related issues, including regional issues, which are dealt with by the OSCE.
The Conference may also provide an opportunity to exchange views on issues related to arms con- trol and confidence – and security-building measures, including the CFE and Open Skies treaties.
In addition, the Conference should also promote the exchange of information and cooperation with relevant international and regional organizations and institutions.
II. Modalities
The Security Review Conference will meet annually, in Vienna unless otherwise decided. The meet- ing will last for 2 to 3 days, and will be held before the summer recess. Delegations of participat- ing States will be encouraged to be reinforced at senior level from capitals.
The Conference will be chaired by a representative of the Chairmanship-in-office, with Forum for Security Co-operation involvement as appropriate.
The date, agenda and meeting-specific modalities of the Conference will be annually decided by the Permanent Council, taking into account the recommendation of the Forum for Security Co-operation.
The Conference can formulate recommendations to be provided to the Permanent Council and, as appropriate, to the Forum for Security Co-operation, for further consideration.
The contribution of the Forum for Security Co-operation to this Conference will be made in accord- ance with its procedures, mandate and competences.
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Relevant officials of OSCE bodies and institutions shall be invited by the Permanent Council to report to the Conference on their security-related activities and areas for further action. Relevant international and regional organizations and institutions will be invited to participate as deter- mined by the Permanent Council.
The OSCE established rules of procedure shall apply in the Annual Security Review Conference.
Decision No. 6
Tolerance and Non-Discrimination
The Ministerial Council,
Recalling the principles of human rights and the inherent dignity of the human being, freedom of thought, conscience, religion or belief that underpin the general provisions of the OSCE human dimension commitments,
Recalling the Charter for European Security, Istanbul Summit 1999, which reaffirms full adher- ence to the Charter of the United Nations, and to the Helsinki Final Act, the Charter of Paris and all other OSCE documents,
Recalling Decision No. 5 by the Ministerial Council at its Ninth Meeting in Bucharest reaffirm- ing its concern about manifestation of aggressive nationalism, racism, chauvinism, xenophobia, anti-Semitism and violent extremism, wherever they may occur,
Reiterating that democracy and European Convention for the Protection of Human Rights and Fundamental Freedoms are essential safeguards of tolerance and non-discrimination and consti- tute important factors for stability, security, co-operation and peaceful development throughout the entire OSCE region, and that conversely tolerance and non-discrimination are important ele- ments in the promotion of human rights,
Reaffirming the internationally recognized prohibition of discrimination, without adverse distinc- tion of any kind, such as race, colour, sex, language, religion or belief, political or other opinion, national or social origin, property, birth or other status,
Recalling the continuing work of the OSCE structures and institutions in the field of promoting human rights, tolerance, non-discrimination and multiculturalism, in particular by the human dimension meetings and activities, projects and programmes including those of participating States,
Stressing the positive role of multicultural and inter-religious dialogue in creating better under- standing among nations and peoples,
Noting that promoting tolerance and non-discrimination can also contribute to eliminating the basis for hate speech and aggressive nationalism, racism, chauvinism, xenophobia, anti-Semitism and violent extremism,
Recognizing the responsibility of participating States for promoting tolerance and nondiscrim- ination,
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1.(a) Condemns in strongest terms all manifestations of aggressive nationalism, racism, chauvin- ism, xenophobia, anti-Semitism and violent extremism, as well as hate speech and occurrences of discrimination based on religion or belief;
(b) Undertakes to further promote multicultural, interethnic and inter-religious dialogue in which governments and civil society will be encouraged to participate actively;
(c) Also undertakes to further promote the rights of persons belonging to national minorities;
2. Decides to intensify efforts to maintain and strengthen tolerance and non-discrimination, with the assistance of OSCE institutions and in co-operation with relevant international organizations and civil society, by such means as the exchanges of information and best practice;
3. Calls on participating States, which have not yet done so, to consider ratifying the international instruments, which address the problem of discrimination and calls for full compliance with the obligations assumed therein;
4. Commits to take appropriate measures, in conformity with respective constitutional systems, at national, regional and local levels to promote tolerance and non-discrimination as well as to counter prejudices and misrepresentation, particularly in the field of education, culture and information;
5. Condemns, in particular, discrimination on religious grounds and undertakes to endeavour to prevent and protect against attacks directed at any religious group, whether on persons or on places of worship or religious objects;
6. Condemns in particular the recent increase in anti-Semitic incidents in the OSCE area, rec- ognizing the role that the existence of anti-Semitism has played throughout history as a major threat to freedom;
7. Also condemns the recent increase in acts of discrimination and violence against Muslims in the OSCE area and rejects firmly the identification of terrorism and extremism with a particular religion or culture;
8. Decides to take strong public positions against hate speech and other manifestations of aggres- sive nationalism, racism, chauvinism, xenophobia, anti-Semitism and violent extremism, as well as occurrences of discrimination based on religion or belief;
9. Calls on relevant authorities of participating States to investigate promptly and impartially acts of violence, especially where there are reasonable grounds to suspect that they were motivated by aggressive nationalism, racism, chauvinism, xenophobia, anti-Semitism and violent extremism, as well as attacks motivated by hatred against a particular religion or belief, and to prosecute those responsible in accordance with domestic law and consistent with relevant international standards of human rights;
10. Tasks the Permanent Council to consider further enhancement of the Contact Point on Roma and Sinti Issues in the Office for Democratic Institutions and Human Rights (ODIHR);
11. Urges the convening of separately designated human dimension events on issues addressed in this decision, including on the topics of anti-Semitism, discrimination and racism and xenophobia;
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12. Tasks the Chairmanship-in-Office and the Permanent Council in close co-operation with the ODIHR, the High Commissioner on National Minorities and the Representative on Freedom of the Media to ensure an effective follow-up of the present decision, through increased use of tools already available to the OSCE, including the annual human dimension meetings and seminars.
Decision No. 7
Election Commitments
The Ministerial Council,
Recalling the provisions of the 1990 Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE,
Noting that additional commitments, reflected in the 1996 Lisbon Summit Declaration, the 1999 Istanbul Summit Declaration and the 2001 Bucharest Ministerial Declaration, have supplemented those provisions,
Reaffirming the determination to implement these commitments,
Acknowledging that democratic elections can be conducted under a variety of electoral systems,
Recognizing the ODIHR’s expertise in assisting participating States in the implementation of elec- tion-related commitments,
Taking into account PC Decision No. 509, on international standards and commitments: a prac- tical guide to democratic elections best practice,
Calls upon participating States to strengthen their response to the ODIHR’s recommendations following election observations,
Tasks the Permanent Council to consider the need to elaborate additional commitments on elec- tions, in the spirit of enhanced co-operation with other international organizations, as well as among participating States, and to report to the next Ministerial Council meeting.
179 Document of the Eleventh Meeting of the Ministerial Council Maastricht 2003
I. OSCE Strategy to Address Threats to Security and Stability in the Twenty-First Century
1. The evolving security environment in the early twenty-first century creates new challenges for all, including for the OSCE. The OSCE will meet such challenges on the basis of important strengths, namely its broad membership, from North America to Europe and parts of Asia, and its multidimen- sional concept of common, comprehensive, cooperative and indivisible security. The Organization remains committed to a free, democratic and more integrated OSCE area without dividing lines.
2. Respect for and compliance with international law and the principles of the Charter of the United Nations remain central to efforts to prevent and combat threats to stability and security. The United Nations Security Council bears primary responsibility for the maintenance of international peace and security and continues to play a crucial role in contributing to security and stability in the OSCE region. Compliance with OSCE norms, principles and commitments, from the Helsinki Final Act onwards, is an integral part of this framework. This Strategy aims to contribute to a more cohesive and effective international system for responding to global threats and challenges.
Threats to security and stability in the twenty-first century
3. The OSCE was instrumental in paving the way for security and stability across the OSCE region towards the end of the twentieth century, and has contributed to important democratic trans- formation in the OSCE area. Co-operation has now replaced previous confrontation. Threats to security and stability in the OSCE region are today more likely to arise as negative, destabilizing consequences of developments that cut across the politico-military, economic and environmental and human dimensions, than from any major armed conflict. At the same time, unresolved con- flicts still exist in the OSCE area that continue to be of deep concern. The search for negotiated solutions to these must remain an urgent matter.
4. Respect for human rights and fundamental freedoms, democracy and the rule of law is at the core of the OSCE’s comprehensive concept of security. Strong democratic institutions and the rule of law play an important role in preventing threats from arising. Weak governance, and a failure by States to secure adequate and functioning democratic institutions that can promote stability, may in themselves constitute a breeding ground for a range of threats. Equally, systematic viola- tions of human rights and fundamental freedoms, including the rights of persons belonging to national minorities, can give rise to a wide range of potential threats.
5. Socio-economic and environmental factors may affect security and stability as well. Globalization, liberalization and technological change offer new opportunities for trade, growth and development, but have not benefited all participating States equally, thus contributing in some cases to deepening
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economic disparities between as well as within States. The outcome of globalization depends on policy choices adopted by governments and international institutions and on the responses of the private sector and civil society. Environmental degradation is also of growing concern. Demo- graphic factors and widespread degradation of health are other potential challenges to security.
6. Lack of openness and transparency in politico-military matters can have serious negative conse- quences. Failure to comply in a full and timely manner with existing arms control, disarmament, non-proliferation and confidence – and security-building agreements and instruments may fur- ther affect common security significantly.
7. Threats may also arise from the actions of terrorists and other criminal groups. Terrorist acts in recent years have fully borne out the growing challenge of such threats and the priority that must be given to preventing and combating them. Furthermore, threats often do not arise from within a single State, but are transnational in character. They affect the security of all States in the OSCE area and the stability of our societies. At the same time, the OSCE region is increasingly exposed to threats originating outside it, and developments within our own region may similarly have con- sequences for adjacent areas.
8. Against this background, it is clear that the OSCE’s comprehensive approach to security, covering the politico-military, economic and environmental and human dimensions retains its full valid- ity and should be maintained and further strengthened. Our analysis of the pattern of threats has highlighted a range of issues within this framework on which we need to focus particular atten- tion as part of our efforts to reinforce our response.
9. Threats emerging from inter-State and intra-State conflicts remain the broadest category of threat to participating States and to individuals. Such conflicts, wherever they take place, may also pose a risk to neighbouring areas and may give rise to instability and other types of threats, such as terrorism, proliferation of weapons of mass destruction, excessive and destabilizing accumula- tion and uncontrolled spread of small arms and light weapons (SALW), human rights violations, mass expulsion, deterioration of the socio-economic situation, and illegal migration. Non-com- pliance with international law and with OSCE norms and principles, as well as a range of factors within the politico-military, economic and environmental and human dimensions lie behind the immediate causes of violent conflict.
10. Terrorism is one of the most important causes of instability in the current security environment. It seeks to undermine the very values that unite the participating States in the OSCE area. Ter- rorism will remain a key challenge to peace and stability and to State power, particularly through its ability to use asymmetric methods to bypass traditional security and defence systems. There is no justification for terrorism whatsoever. At the same time, terrorism requires a global approach, addressing its manifestations as well as the social, economic and political context in which it occurs.
11. Globalization and technological advances have increased the scope and extent of the threat that organized crime constitutes. Moreover, organized crime often runs parallel with terrorism, regarding both actors and methods. Smuggling of migrants and trafficking in human beings, illicit traffic in narcotic drugs, in small arms and light weapons as well as in sensitive materials and tech- nologies, are other criminal activities that may pose a threat to stability and security, both inside and outside the OSCE area. Open borders and free movement of persons and goods are beneficial to international co-operation, but also present growing challenges, including illegal migration.
12. Practices related to discrimination and intolerance both threaten the security of individuals and may give rise to wider-scale conflict and violence. They can have their root in issues such as
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ethnic and religious tensions, aggressive nationalism, chauvinism and xenophobia, and may also stem from racism, anti-Semitism and violent extremism, as well as lack of respect for the rights of persons belonging to national minorities.
13. The mobility of migrant populations and the emergence of societies with many coexisting cul- tures in all parts of the OSCE region present growing opportunities as well as challenges. Failure to integrate societies and failure also by everyone who resides in them to respect the rights of all can undermine stability.
14. Deepening economic and social disparities, lack of rule of law, weak governance in public and corporate spheres, corruption, widespread poverty and high unemployment are among the eco- nomic factors, which threaten stability and security. They can provide a breeding ground for other major threats. Environmental degradation, unsustainable use of natural resources, mismanage- ment of wastes and pollution affect ecological systems and have a substantial negative impact on the health, welfare, stability and security of States. Ecological disasters may also have such effects. Problems of governance connected to these factors have a direct undermining effect and at the same time reduce the capacity to ensure sustainable economic and social development as well as to effectively address economic and environmental challenges and threats to security and stability.
15. Many of the threats of a politico-military nature, including those addressed by existing OSCE documents, such as destabilizing accumulations of conventional weaponry, illicit transfers of arms, and the proliferation of weapons of mass destruction, remain of great concern to the OSCE par- ticipating States. Among the threats that have either changed in nature or impact or are new alto- gether, armed threats posed by terrorists and other criminal groups require particular attention. Equally, attention should be given to potential challenges stemming from the changing charac- ter of armed conflicts.
16. In a changing security environment, threats are evolving, and not all threats will be foreseea- ble. The OSCE framework for permanent political dialogue, and in particular the Annual Security Review Conference (ASRC), will help to identify, analyse and react to new threats as they emerge.
The OSCE response
17. The OSCE response will be multidimensional and will not occur in a vacuum. The Organiza- tion will build on its unique strengths, expertise and capabilities and provide an effective frame- work for co-operation with other international actors in order to address threats in a co-ordinated and complementary way, which avoids duplication and maintains focus. The Charter for European Security and its Platform for Co-operative Security was adopted in Istanbul in 1999 in order to strengthen security and stability in the region and improve operational capabilities in a transfor- mation of the OSCE to meet unprecedented challenges. It remains fully valid.
18. The prime responsibility for providing security for their citizens lies with individual participat- ing States. The participating States are accountable to their citizens and responsible to each other for implementation of their OSCE commitments. The OSCE stands ready to offer assistance and advice as well as to foster co-operation between participating States towards this end. Co-opera- tion between participating States in the spirit of solidarity, partnership and transparency is basic to security in the OSCE area and should reflect mutual interest and respect. Each participating State has an equal right to security.
19. The OSCE is a forum for political and security dialogue, for setting consensually based, politi- cally binding norms and principles and for promoting their implementation. The Permanent Council
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and the Forum for Security Co-operation, within its competencies and mandate, are central to this role. It will be further strengthened and the process of political consultation and transpar- ency within the Organization enhanced. The dialogue and the norms and standards that under- pin it are directed towards preventing threats from arising. They also encourage the development of democratic institutions and of inclusive societies, able to deal more effectively and co-opera- tively with emerging threats.
20. The OSCE will continue to be an active player across its region, using its institutions – the Office for Democratic Institutions and Human Rights (ODIHR), the High Commissioner on National Minorities (HCNM), and the Representative on Freedom of the Media (RFM) – its field operations and its Secretariat to the full. They are important instruments in assisting all participating States to implement their commitments, including respect for human rights, democracy and the rule of law. In all relevant activities, possibilities for strengthening co-operation with the Parliamentary Assembly, and through it, national parliaments will be actively pursued.
21. Recognizing the significant contributions of the institutions and field operations in putting into practice the goals and principles of the Organization, the OSCE is considering ways of further improving the functioning and effectiveness of field operations and developing new tools if necessary.
22. The overall capacity of OSCE to identify, analyse and take co-ordinated action in response to threats needs to be further consolidated. More attention should be paid to the early warning func- tions in the Secretariat, institutions and field operations, and follow – up to early warning should be strengthened. Special mechanisms for early warning and peaceful settlement of conflicts as well as the tool of rapid expert assistance and cooperation teams, REACT, continue to be at the dis- posal of the OSCE. The early warning and conflict prevention activities of the OSCE Parliamen- tary Assembly represent a valuable contribution to these efforts.
23. As threats originating or evolving in adjacent regions are of increasing importance, the OSCE will intensify its co-operation with its Mediterranean and Asian Partners for Co-operation, by early identification of areas of common interest and concern and possibilities for further co-ordinated action. We will encourage them to voluntarily implement the principles and commitments of the OSCE and will co-operate with them in this as appropriate. As a first step towards increased dia- logue, we will invite all our Partners for Co-operation to participate on a more frequent basis as observers in Permanent Council and Forum for Security Co-operation meetings. The OSCE will also consider ways in which OSCE norms, principles, commitments and values could be shared with other regions, in particular neighbouring areas. Contacts with organizations in those areas will be further developed. (…)
27. Conflict prevention and post-conflict rehabilitation involve substantial efforts by the Organ- ization in close co-operation with participating States in order to promote and assist in building democratic institutions and the rule of law, inter alia, by supporting capacity building and help- ing to strengthen authorities at all levels and parliamentary structures, independent judiciaries and free civil societies and media.
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Addressing terrorism and threats arising from other criminal activities
Terrorism
28. UN conventions and protocols as well as UN Security Council resolutions constitute the global legal framework for combating terrorism. In support of this, the OSCE has through decisions in 2001 and 2002 established a structure for comprehensive action by participating States and the Organization to address, as a main priority, the threat of terrorism, its manifestations and condi- tions that may foster and sustain it. An operational part of this framework is the Action against Terrorism Unit in the OSCE Secretariat.
29. OSCE counter-terrorism activities focus, inter alia, on border security and management, polic- ing, the combating of trafficking and suppression of terrorist financing. Special attention will be given to capacity building and other assistance in the sphere of counter-terrorism. The important challenge of implementing effective measures against terrorism in full accordance with the rule of law and international law, including human rights law, is also addressed. Such measures include denying safe havens to terrorists and eliminating conditions in which terrorists may recruit and gain support. They also aim at preventing terrorists from increasing their capabilities, including by preventing terrorists from gaining access to SALW and other conventional weapons as well as WMD and associated technologies. Close interaction with other relevant international organiza- tions and bodies, in particular the UN Security Council Counter-Terrorism Committee (UN CTC) and the UN Office on Drugs and Crimes (UNODC), is sought through joint meetings, contacts at all levels and specific programmes and projects.
30. The OSCE has also decided to establish a Counter-Terrorism Network to promote the strength- ening of co-ordination of counter-terrorism measures and information sharing between OSCE participating States and to support and supplement the work of the UN CTC in implementing Security Council resolution 1373.
Threats arising from other criminal activities
31. The OSCE will step up its work to combat organized crime. Regular meetings of police experts from OSCE participating States and representatives of other relevant specialized international and regional organizations would constitute an important contribution in this respect. In particular, the OSCE will further increase its attention to the growing threat of trafficking. An OSCE Action Plan on Trafficking in Human Beings has been adopted. The OSCE Document on SALW remains a key instrument for combating trafficking in and proliferation of SALW in all its aspects. Its imple- mentation will be further strengthened. The OSCE will continue the collaborative efforts already underway with the UNODC to address the issue of illicit traffic in narcotic drugs. An effective and comprehensive international approach to dealing with this issue needs to be developed.
32. The Strategic Police Matters Unit was set up to improve the capacity of participating States to address threats posed by criminal activity and to assist them in upholding the rule of law. The aim is to enhance key policing skills, including respect for human rights and fundamental freedoms. The OSCE will, at the request of participating States, increase its focus on assistance to authorities, including at the local level, on fighting crime and criminal networks and will define and develop core competencies for police activities such as training and capacity-building activities.
33. The OSCE will intensify its efforts to address such issues as smuggling of migrants and ille- gal migration.
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34. A comprehensive and multidisciplinary approach is required to effectively prevent and com- bat corruption in all its forms. The OSCE, in close co-ordination with the UNODC and other rele- vant international organizations and financial institutions, will contribute to reducing corruption across the OSCE region.
35. Threats of terrorism and organized crime are often interlinked, and synergetic approaches to deal with them will be further explored. Cross-border movement of persons, resources and weapons as well as trafficking for the purpose of financing and providing logistic support play an increasing role for terrorist activities. The OSCE is committed to addressing these problems and to strengthening its capacities to promote open and secure borders, inter alia, through the elabo- ration of an OSCE Border Security and Management Concept in order to enhance capacity build- ing and mutually beneficial inter-State co-operation.
Addressing threats related to discrimination and intolerance
36. Discrimination and intolerance are among the factors that can provoke conflicts, which under- mine security and stability. Based on its human dimension commitments, the OSCE strives to promote conditions throughout its region in which all can fully enjoy their human rights and fundamental freedoms under the protection of effective democratic institutions, due judicial pro- cess and the rule of law. This includes secure environments and institutions for peaceful debate and expression of interests by all individuals and groups of society. Civil society has an impor- tant role to play in this regard, and the OSCE will continue to support and help strengthen civil society organizations.
37. The participating States, the OSCE bodies and institutions, the Secretariat and many OSCE field operations are engaged in activities directed against threats related to discrimination and intolerance, including those deriving from religious and ethnic tensions combined with violent extremism. They also perform a significant early warning function. The annual Human Dimen- sion Implementation Meeting and other events within the human dimension provide opportuni- ties to discuss threats related to discrimination and intolerance and to make recommendations on possible actions to address these threats. While fully respecting freedom of expression, the OSCE will strive to combat hate crime which can be fuelled by racist, xenophobic and anti-Semitic prop- aganda on the Internet.
38. The participating States and OSCE bodies and institutions are committed to stepping up their efforts to counter threats arising from discrimination and intolerance. Harmonious rela- tions between ethnic, religious, linguistic and other groups and the rights of persons belonging to national minorities will be actively promoted, as will equal opportunities for women and men. Violence, intolerance, extremism and discrimination against these groups, including migrant workers, asylum seekers and other immigrants, must be counteracted and persons responsible for such actions held accountable. At the same time, the respect of persons belonging to such groups for the rule of law, democratic values and individual freedoms is essential.
39. In this context, the OSCE recognizes the particular difficulties faced by Roma and Sinti and the need to undertake effective measures in order to eradicate discrimination against them and to achieve equality of opportunity, consistent with OSCE commitments. Therefore, the OSCE has adopted an Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area.
40. The OSCE’s efforts will in particular be targeted at the younger generation in order to build up their understanding of the need for tolerance and the importance of reconciliation and peaceful coexistence. Their outlook and perspective on the future are key. Where appropriate, the OSCE
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will therefore take on a stronger role in the field of education. An area such as human rights edu- cation would deserve particular attention.
41. Full use will be made of ODIHR’s monitoring capacity, and operational co-operation with other monitoring bodies in such areas as data collection, information sharing and joint analysis will be promoted in order to have the fullest picture of developments. This will enable the OSCE to effi- ciently target work towards areas of highest priority. (…)
Co-operation with other international organizations and institutions
52. No single State or organization can, on its own, meet the challenges facing us today. Co-or- dination of the efforts of all relevant organizations is therefore essential. The OSCE’s interaction with other organizations and institutions is based on the Platform for Co-operative Security. In it, participating States have pledged themselves to seek to develop political and operational coher- ence among all the bodies dealing with security, both in responding to specific threats and in for- mulating responses to new threats and challenges. In an evolving security situation, more needs to be done to attain that basic goal, drawing upon the strengths and advantages of each organization.
53. Our co-operation with other organizations and institutions currently encompasses political dialogue, co-ordination, and structured co-operation on thematic or regional issues across the OSCE region, based on common values and objectives. It is important to intensify interaction at both the political and the working levels. Co-operation and co-ordination on practical matters and projects should be strengthened, both at headquarters and in the field. Contacts between envoys and special representatives should be encouraged, as should the development of shared strategies and joint fact-finding.
54. The OSCE seeks to expand its relations with all organizations and institutions that are con- cerned with the promotion of comprehensive security within the OSCE area, and has established regular patterns of consultation at both the technical and the political levels with a number of them, inter alia, the UN, EU, NATO and the Council of Europe. The OSCE needs to remain flex- ible in order to be able to co-operate with different organizations as their capabilities and focus may change over time, with developments in perceptions of threat and organizational capacities.
55. As a regional arrangement under Chapter VIII of the United Nations Charter, the OSCE is a forum for co-operation with sub-regional organizations in its area. It will continue to organize information-sharing and co-ordination meetings on specific topics with these organizations and institutions. Practical measures aimed at sharing relevant OSCE experience with other regional organizations should also continue. The OSCE will be ready to consider supporting initiatives and plans elaborated in other forums to improve co-operation in combating threats, as it has done in giving support to the implementation of UN conventions against terrorism.
56. The OSCE has developed strong substantive interaction with non-governmental organizations whose contributions to the overall efforts of the Organization remain significant. This interaction should be further strengthened.
57. Such co-operation on issues across the whole spectrum of threats covered by the Strategy should be enhanced. More effort should be devoted to enhancing the functioning of the Platform for Co-op- erative Security in order to meet common threats more effectively and efficiently. To accomplish this, it will be proposed to establish a new ad-hoc consultative mechanism, in consultation with other international organizations and institutions, as part of the overall effort to jointly analyse
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and cope with threats. The OSCE offers this tool as a flexible framework for consultation by ini- tiating contacts with relevant organizations and institutions as a specific threat arises or inten- sifies. More regular information-sharing meetings with interested organizations and institutions and the establishment of contact points would be other ways of further intensifying co-operation.
Conclusion
58. In this Strategy, we have identified a number of threats to our common security and stability. We have given strategic directions to our activities aimed at preventing and combating these threats. The Permanent Council and the Forum for Security Co-operation together with the institutions, field operations and Secretariat are tasked to contribute to the implementation of and follow-up to the Strategy within their competencies and mandates. An efficient and effective response will require a cohesive and coordinated approach by all OSCE bodies and institutions. The Chairman- ship-in-Office will be responsible on behalf of the Ministerial Council and the Permanent Council for the co-ordination of, and consultations on, the implementation of the Strategy. The ASRC will provide a regular opportunity to review the Strategy and its implementation and to identify and analyse threats and challenges as they emerge. Equally, it will be an occasion to initiate development of additional OSCE response measures and of the Strategy itself as necessary. Our response also needs to be integrated with those of other organizations and institutions. We will focus on areas and issues where the OSCE can make a real difference. We seek the contribution of a strengthened OSCE to meet the threats and challenges facing the whole OSCE area, and to improve human secu- rity, thereby making a difference in the life of the individual – the aim of all our efforts.
II. OSCE Strategy Document for the Economic and Environmental Dimension (…) 1.6 Deepening economic and social disparities, lack of the rule of law, weak governance, corrup- tion, widespread poverty and high unemployment are among the factors that contribute to global threats such as terrorism, violent extremism, transnational organized crime, and also to illegal economic activities, including money-laundering, trafficking of all kinds, and illegal migration. Inter-State and intra-State conflicts, in their turn, impede regional economic co-operation and devel- opment and undermine the security, inter alia, of communications and energy transport routes. (…)
2. Our response and action (…) 2.2 Strengthening good governance 2.2.1 Good public and corporate governance and strong institutions are essential foundations for a sound economy, which can attract investments, and thereby enable States to reduce poverty and inequality, to increase social integration and opportunities for all and to protect the environment. Good governance at all levels contributes to prosperity, stability and security. Peace, good interna- tional relations, the security and stability of the State and the security and safety of the individual within the State, based on the rule of law and respect for human rights, are crucial for the creation of the climate of confidence which is essential to ensure positive economic and social development. 2.2.2 Good governance is of critical importance for all the participating States, and we are agreed to work on a national basis, with the support of relevant international institutions, to strengthen
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good governance in all its aspects and to develop methods of cooperation to assist each other in achieving it. 2.2.3 Achieving good governance requires a comprehensive and long-term strategic approach, so that successes in one area are not undermined by weaknesses in others. We will co-operate in the development of our strategies for good governance and will share experience regarding best practices.
Promoting transparency and combating corruption 2.2.4 Transparency in public affairs is an essential condition for the accountability of States and for the active participation of civil society in economic processes. Transparency increases the pre- dictability of, and confidence in an economy that is functioning on the basis of adequate legislation and with full respect for the rule of law. Free and pluralistic media which enjoy maximum edito- rial independence from political and financial pressure have an important role to play in ensur- ing such transparency. 2.2.5 We will make our governments more transparent by further developing processes and insti- tutions for providing timely information, including reliable statistics, about issues of public inter- est in the economic and environmental fields to the media, the business community, civil society and citizens, with a view to promoting a well-informed and responsive dialogue. This is essential for decision-making which is responsive to changing conditions and to the needs and wishes of the population. 2.2.6. Transparency is also important for the exposure and prosecution of all forms of corrup- tion, which undermines our economies and our societies. In addition to transparency, the fight against corruption requires the adoption by the participating States of a comprehensive and long- term anti-corruption strategy. 2.2.7 We agree to make the elimination of all forms of corruption a priority. We will consider acces- sion to, encourage ratification of, and support full implementation of, international conventions and other instruments in the field of combating corruption, in particular those developed by the Council of Europe and the Organisation for Economic Co-operation and Development (OECD). We welcome the adoption of the UN Convention against corruption and look forward to its early signature, ratification and entry into force.
Improving the management of public resources 2.2.8 Another component of good governance is the effective management of public resources by strong and well-functioning institutions, a professional and effective civil service and sound budg- etary processes. Good management of public resources, including revenue collection, budget for- mation and execution and public procurement, is particularly important in order to provide the best possible public and social services. We will seek to provide a solid financial basis for our pub- lic administration systems and to further strengthen their effectiveness and efficiency at all levels. (…)
Social conditions 2.2.13 Good governance and sustainable development imply policies and systems that promote social partnership and cohesion. We will work for improved access for all to basic social benefits, such as affordable health services, pensions and education, and for adequate levels of protection of socially vulnerable groups, and the prevention of social exclusion. 2.2.14 We are determined to take measures to improve social conditions, including by identi- fying and targeting vulnerable groups in society, providing adequate and effective safety nets,
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strengthening health services, increasing employment opportunities and implementing rehabil- itation programmes. (…) 2.3 Ensuring sustainable development 2.3.3 We support the efforts of the participating States to implement policies of poverty reduction and sustainable development, including the national poverty reduction programmes in countries with economies in transition. We will encourage the provision of the necessary advice and assis- tance by international organizations and institutions having the relevant expertise and resources.
IV. Decisions of the Ministerial Council
Decision No. 2/03
Combating Trafficking in Human Beings
The Ministerial Council,
Reaffirming the commitments that participating States have adhered to in the field of combating trafficking in human beings, especially the 2000 Vienna Ministerial Council Decision No. 1, the 2001 Bucharest Ministerial Council Decision No. 6, and the 2002 Porto Ministerial Declaration,
Recalling furthermore Permanent Council Decision No. 557 of 24 July 2003 on the adoption of the OSCE Action Plan to Combat Trafficking in Human Beings, which provides participating States with a comprehensive toolkit to combat trafficking in human beings through a multidimensional approach, covering protection of victims, prevention of trafficking in human beings, and prose- cution of those who facilitate or commit the crime,
With the goal of enhancing the OSCE’s efforts in fighting trafficking in human beings,
1. Decides to endorse the OSCE Action Plan to Combat Trafficking in Human Beings as annexed to this Decision; and
2. Establishes, under the aegis of the Permanent Council, an OSCE mechanism to provide assis- tance to participating States to combat trafficking in human beings. The mechanism will consist of two parts, complementing the activities of each other: a Special Representative appointed by the Chairmanship-in-Office, and a special unit in the OSCE Secretariat,
The mechanism is set up to: (a) Assist OSCE participating States in the implementation of commitments and full usage of recommendations proposed by the OSCE Action Plan to Combat Trafficking in Human Beings; (b) Ensure co-ordination of OSCE efforts in combating trafficking in human beings across all three dimensions of the OSCE; (c) Strengthen co-ordination among the relevant authorities of the participating States and between the OSCE and other relevant organizations; (d) Raise the public and political profile of the combat against trafficking in human beings;
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(e) Operate in the whole OSCE area and as appropriate, assist the participating States, in a spirit of co-operation and following consultations with the respective authorities of the relevant participat- ing States in aiming at the implementation of their commitments in combating human trafficking; (f) Provide and facilitate advice and technical assistance in the field of legislation as well as policy development, together, as necessary, with other OSCE structures engaged in this field; (g) Be ready to offer advice to senior level authorities representing the legislative, judicial, and executive branches in participating States and discuss with them the implementation of the OSCE Action Plan to Combat Trafficking in Human Beings and commitments in the field of combating trafficking in human beings. In specific cases calling for special attention, seek direct contacts, in an appropriate manner with the participating State concerned and discuss the provisions of advice and concrete assistance, if needed; (h) Co-operate with National Rapporteurs or other national mechanisms established by partici- pating States for co-ordinating and monitoring the anti-trafficking activities of State institutions. It will also co-operate with relevant Non-Governmental Organizations of the participating States. Furthermore, it will assume responsibility within the OSCE for hosting and facilitating meetings for the exchange of information and experience between national co-ordinators, representatives designated by participating States, or experts on combating trafficking in human beings; (i) Closely co-operate and co-ordinate with the Office for Democratic Institutions and Human Rights (ODIHR) and other OSCE Institutions, the Secretary General, relevant structures of the Secretariat including the Office of the Co-ordinator for OSCE Economic and Environmental Activ- ities (OCEEA), the Strategic Police Matters Unit (SPMU), the Senior Gender Adviser, as well as, where appropriate, the OSCE field operations. The mechanism will draw on the expertise within these OSCE structures, and will see that duplication is avoided. Participate when appropriate in the work of the Informal Working Group on Gender Equality and Anti-Trafficking in Human Beings; (j) Co-operate and co-ordinate with relevant international actors such as the United Nations Office on Drugs and Crime, the United Nations High Commissioner for Refugees, the United Nations High Commissioner for Human Rights, the United Nations Children’s Fund, the International Labour Organization, as well as the International Organization for Migration, the International Centre for Migration Policy Development, the European Union, the Council of Europe, the Sta- bility Pact Task Force on Trafficking in Human Beings, the Council of Baltic Sea States, the South- east European Co-operative Initiative, Interpol and Europol;
3. Affirms that the Special Representative will be politically accountable to, and will report regu- larly and when appropriate to the Permanent Council. It will function in accordance with Deci- sion No. 8 of the Tenth Meeting of the Ministerial Council in Porto;
4. Calls on the Chairmanship-in-Office to appoint as Special Representative a prominent person- ality with relevant expertise, according to OSCE procedures, following consultations with par- ticipating States through the Preparatory Committee on his or her mandate. In order to ensure continuity for the Special Representative to carry out his or her responsibilities initially for at least the duration of two successive Chairmanships, the Chairmanship-in-Office will consult with the next incoming Chairmanship-in – Office on this appointment, and the next incoming Chairman- ship-in-Office will, within its prerogative, undertake to prolong the Special Representative’s duties for the duration of that Chairmanship-in-Office, in accordance with Decision No. 8 of the Tenth Ministerial Council Meeting in Porto;
5. Tasks the Permanent Council to establish the above-mentioned special unit, as a part of the OSCE Secretariat, with contracted or seconded staff. The Special Representative will have the capacity of the special unit at his or her full disposal in order to effectively implement the above-mentioned tasks;
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6. Agrees that both parts of the mechanism will be funded by the participating States through the OSCE Unified Budget in accordance with existing procedures. The ACMF will elaborate, in con- sultation with the Chairmanship-in-Office and the Secretary General, administrative and fund- ing modalities for the mechanism and submit its recommendations to the Permanent Council for approval in time for their inclusion into the OSCE 2004 Unified Budget.
Annex to Decision No. 2/03
OSCE Action Plan to Combat Trafficking in Human Beings
I. Objectives and purposes of the Action Plan
1. The Action Plan intends to provide participating States with a comprehensive toolkit to help them implement their commitments to combating THB. It aims to provide participating States with a follow-up mechanism, which will also promote co-ordination between individual partic- ipating States, both within the OSCE structures and with other international organizations. The Action Plan adopts a multidimensional approach to combating trafficking in human beings. It addresses the problem comprehensively, covering protection of victims, the prevention of THB and the prosecution of those who facilitate or commit the crime. It provides recommendations as to how participating States and relevant OSCE institutions, bodies and field operations may best deal with political, economic, legal, law enforcement, educational and other aspects of the problem.
2. The Action Plan is further intended to assist participating States in employing these tools by drawing upon existing regional experience gained through the implementation of such concrete initiatives and measures as those undertaken by the Stability Pact Task Force on Trafficking in Human Beings in South Eastern Europe.
3. A comprehensive approach to trafficking in human beings requires a focus on bringing to jus- tice those responsible for this crime, and on carrying out effective measures to prevent it, while maintaining a humanitarian and compassionate approach in rendering assistance to its victims.
II. Definition of trafficking in human beings
The Action Plan is based on the following definition contained in Article 3 of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime:
“Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the pros- titution of others or other forms of sexual exploitation, forced labour or services, slavery or prac- tices similar to slavery, servitude or the removal of organs”.
The OSCE Ministerial Council in its Decision No. 6 (2001) called on participating States to sign and ratify the United Nations Convention against Transnational Organized Crime, and its Pro- tocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.
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III. Investigation, law enforcement and prosecution
Commitments of participating States related to investigation, law enforcement and prosecution have been undertaken in the Ministerial Declaration on Trafficking in Human Beings adopted in Porto in 2002, the Bucharest Plan of Action for Combating Terrorism of 2001, the Ministerial Deci- sion No. 6 adopted in Bucharest in 2001, and the Ministerial Decision on Enhancing the OSCE’s Efforts to Combat Trafficking in Human Beings adopted in Vienna in 2000. In these documents the participating States also agreed on the role of the OSCE in this field.
Recommended action at the national level
1. Criminalization 1.1 Adopting such legislative and other measures as may be necessary to establish as criminal offences the conduct set forth in Article 3 of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. 1.2 Adopting such legislative and other measures as may be necessary to establish as criminal offences: • Attempting to commit this criminal offence; • Participating as an accomplice in this criminal offence; • Organizing or directing other persons to commit this criminal offence. 1.3 Adopting such measures as may be necessary to establish the liability of legal persons for traf- ficking offences in addition to the liability of natural persons. Subject to the legal principles of the participating State, the liability of legal persons may be criminal, civil and/or administrative. 1.4 Making legislative provisions for effective and proportionate criminal penalties, including imprisonment, that take into account the serious nature of this crime. Where appropriate, legis- lation should provide for additional penalties to be applied to persons found guilty of trafficking in aggravating circumstances, such as in the case of offences involving trafficking in children or offences committed by or involving the complicity of State officials. 1.5 Considering legislative provisions for confiscation of the instruments and proceeds of trafficking and related offences, specifying, where not inconsistent with national legislation, that the confis- cated proceeds of trafficking will be used for the benefit of victims of trafficking. Giving consid- eration to the establishment of a compensation fund for victims of trafficking and the use of the confiscated assets to help finance such a fund. 1.6 Ensuring that trafficking, its constitutive acts and related offences constitute extraditable offences under national law and extradition treaties. 1.7 Adopting such legislative and other measures to establish as criminal offences acts of active or passive corruption of public officials, as referred to in Articles 8 and 9 of the United Nations Con- vention against Transnational Organized Crime. 1.8 Ensuring that victims of trafficking are not subject to criminal proceedings solely as a direct result of them having been trafficked.
2. Law enforcement response 2.1 Fully implementing anti-trafficking and related measures set out in legislation.
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2.2 Establishing special anti-trafficking units – comprising both women and men – with advanced training in investigating offences involving sexual assault or involving children, in order to pro- mote competence, professionalism and integrity. 2.3 Building capacity in the anti-corruption field. 2.4 Developing community-policing programmes: raising levels of trust between the police and the public in order, inter alia, to contribute to the acquisition of information relating to traffick- ing and to increase the willingness of victims to report offences. 2.5 Enhancing co-operation between law enforcement investigating bodies in order to establish the possibly criminal, trafficking-related origins of suspicious assets. 2.6 Providing not only the resources and training for developing intelligence-led policing for the management and analysis of crime and criminal information, but also the other advanced skills and equipment necessary for law enforcement bodies to carry out their anti-trafficking tasks. 2.7 Encouraging investigators and prosecutors to carry out investigations and prosecutions with- out relying solely and exclusively on witness testimony. Exploring alternative investigative strate- gies to preclude the need for victims to be required to testify in court. 2.8 Taking practicable measures to ensure that OSCE mission members who are behaving in breach of the OSCE Code of Conduct for Mission Members and other regulations face prescribed sanc- tions, including, as appropriate, disciplinary and criminal proceedings. 2.9 Targeting corruption of local law enforcement as a matter of priority, and ensuring that appro- priate disciplinary and criminal proceedings are undertaken against law enforcement authorities found to be engaged in corrupt practices related to trafficking in human beings.
3. Law enforcement co-operation and information exchange between participating States 3.1 Co-operating closely with one another and consistent with their respective domestic legal and administrative systems, to enhance the effectiveness of law enforcement action in combating the offences covered by this Action Plan. Promoting similar cooperation and co-ordination between law enforcement agencies within States. 3.2 Adopting, in particular, effective measures • To enhance and where necessary to establish channels of communication between participat- ing States; • To co-operate on inquiries regarding offences covered by this Action Plan; • To provide, when appropriate, items or evidence necessary for analytical or investigative purposes; • To facilitate effective co-ordination between their competent authorities, agencies and services and to promote the exchange of personnel and other experts, including, subject to bilateral agree- ments or arrangements between the participating States concerned, the posting of liaison officers; • To exchange information on specific means and methods used by organized criminal groups, including, where applicable, routes and conveyances and the use of false identities, altered or forged documents or other means of concealing their activities; • To co-ordinate administrative and other measures considered appropriate for the early identi- fication of the offences covered by this Action Plan. 3.3 Concluding agreements on bilateral and multilateral law enforcement co-operation to facili- tate exchange of information. 3.4 Undertaking efforts to develop common standards for the collection of statistical data.
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4. Assistance and protection of witnesses and victims in the criminal justice system 4.1 Taking appropriate measures within participating States’ means, including legislative ones, to provide effective protection from potential retaliation or intimidation for witnesses in criminal proceedings who give testimony concerning offences covered by this Action Plan and, as appro- priate, for their relatives and other persons close to them. 4.2 Sensitizing law enforcement authorities and officials to their responsibility for ensuring the safety and immediate well-being of victims of THB. 4.3 Ensuring data protection and the victim’s right to privacy, also in the course of data collec- tion and analysis. 4.4 Facilitating the victim’s participation as a witness in the investigation and court hearings or other criminal proceedings by providing him/her with the possibility of relocation as a form of witness protection. 4.5 Providing legal counselling for victims when they are in the process of deciding whether or not to testify in court. 4.6 Permitting NGOs to support victims in court hearings, if it is not inconsistent with national legislation.
5. Training 5.1 Providing or improving training for border officials, law enforcement officials, judges, prose- cutors, immigration and other relevant officials in all aspects of trafficking in persons. 5.2 Giving, in such training programs, consideration to human rights and child – and gender-sen- sitive issues, and encouraging co-operation with non-governmental organizations, other relevant organizations and other elements of civil society.
6. Border measures 6.1 Considering taking measures that permit, in accordance with its domestic law, the denial of entry, the revocation of visas or possibly the temporary detention of persons implicated in com- mitting offences as defined by the legislation in force. 6.2 Considering strengthening co-operation among border control agencies by, inter alia, estab- lishing and maintaining direct channels of communication.
7. Security and control of documents 7.1 Taking such measures as may be necessary, within available means, to ensure that travel or identity documents issued by or on behalf of participating States are of such quality that they can- not easily be misused, readily falsified or unlawfully altered, replicated or issued.
8. Legitimacy and validity of documents 8.1 At the request of another participating State and in accordance with its domestic law, verify- ing within a reasonable time the legitimacy and validity of travel or identity documents issued or purporting to have been issued in its name, where there are reasonable grounds to suspect their usage for trafficking in persons. Action for OSCE Institutions and Bodies
9. Legislative review and reform 9.1 The ODIHR, and where appropriate the field operations, will continue to promote and support legislative review and reform efforts in compliance with international standards. 9.2 The OSCE will further develop co-operation with other relevant partners and organizations.
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10. Law enforcement response 10.1 The OSCE Strategic Police Matters Unit will further promote the concept of community policing. 10.2 The Strategic Police Matters Unit and the Office of the OSCE Co-ordinator of Economic and Environmental Activities (OCEEA) will facilitate the exchange of information between participat- ing States on best practices to be used by relevant investigating units to check the possibly crimi- nal and trafficking-related origin of suspicious assets. 10.3 The OCEEA will further work together with the United Nations Office on Drugs and Crime Global Programme against Money Laundering and use its good offices to promote the organiza- tion of workshops on tackling money-laundering in interested participating States. 10.4 As part of its assistance in the development of National Referral Mechanisms the ODIHR will continue to promote and encourage co-operation between law enforcement and civil society.
11. Disciplinary response 11.1 The Office of Internal Oversight is requested to maintain data on investigations into offences related to trafficking in human beings by mission members and all subsequent related actions taken thereon. The Secretary General is requested to report regularly to the Permanent Council on meas- ures taken to implement regulations in cases of breaches of the Code of Conduct while respecting the privacy of alleged perpetrators.
12. Training 12.1 The ODIHR and the OSCE Strategic Police Matters Unit will continue to develop training materials targeted at law enforcement authorities on trafficking and sex crimes investigation, con- sult with the International Law Enforcement Academy (ILEA) in Budapest regarding possibilities for incorporating this training into ILEA programs, identify law enforcement trainers to conduct training, and facilitate funding training sessions for law enforcement authorities in OSCE par- ticipating States. 12.2 While international partners such as the International Centre for Migration Policy Devel- opment and the International Organization for Migration provide basic police training on how to respond to allegations of trafficking, and others such as the United Nations Development Pro- gramme provide advanced training, additional training needs to be provided on dealing with particular aspects of sexual crime, e.g. sexual abuse of children. The OSCE Strategic Police Mat- ters Unit will provide such training in co-operation with the United Nations Children’s Fund and other relevant organizations.
13. Security and control of documents 13.1 The relevant OSCE bodies, in particular the Anti-Terrorism Unit, will continue to facilitate workshops focusing on detecting documents used for illegal purposes in relation to trafficking in human beings, detecting false travel documents being used for entry of trafficked persons, and improving non-technical means of detection, such as interview techniques. In addition, workshops will focus on means of protecting freedom of movement of persons across the border, within the restrictions that are consistent with relevant OSCE commitments.
IV. Prevention of trafficking in human beings Commitments of participating States related to prevention have been undertaken in the Ministerial Declaration on Trafficking in Human Beings adopted in Porto in 2002, the OSCE Permanent Council Decision No. 426 of 2001, the Ministe- rial Decision on Enhancing the OSCE’s Efforts to Combat Trafficking in Human Beings adopted in Vienna in 2000, the OSCE Action Plan for Gender Issues approved by the Permanent Council
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in 2000, the Charter for European Security adopted in Istanbul in 1999, the Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE adopted in Moscow in 1991, the Final Act of the Conference on Security and Cooperation in Europe adopted in Hel- sinki in 1975. In the above-mentioned documents the participating States also agreed on the role of the OSCE in this field.
Recommended action at the national level
1. Data collection and research 1.1 Collecting separate data related to women, men and children victims of trafficking, and improv- ing research into and analysis of subjects such as the character and scale of THB and the traffick- ing and exploitation mechanisms deployed by the organized criminal groups, in order to develop effective and well-targeted prevention measures on trafficking in human beings. Promoting more research and exchange of information on trafficking in children. 1.2 Identifying the most vulnerable segments of the population and developing specially designed awareness-raising campaigns for them. 1.3 Conducting more far-reaching analysis of the root causes of THB, its demand and supply fac- tors, its networks and its economic consequences, and its link with illegal migration.
2. Border measures 2.1 Without prejudice to international commitments in relation to the free movement of people, strengthening, to the extent possible, border controls as may be necessary to prevent and detect THB. 2.2 Adopting legislative or other appropriate measures to prevent, as far as possible, means of transport operated by commercial carriers from being used in committing offences, as defined by the provisions against trafficking. 2.3 Where appropriate, and without prejudice to applicable international conventions, obliging com- mercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of valid travel documents. In accord- ance with domestic law, taking the necessary measures to provide for sanctions in case of violation.
3. Economic and social policies aimed at addressing root causes of THB 3.1 In countries of origin: • Considering as priority goals: the fostering of social-economic and political stability, and the reduction both of migration caused by deep poverty and of supply factors of trafficking. Pol- icies followed in pursuit of these goals should also promote both economic development and social inclusion; • Improving children’s access to educational and vocational opportunities and increasing the level of school attendance, in particular by girls and minority groups; • Enhancing job opportunities for women by facilitating business opportunities for small and medium-sized enterprises (SMEs). Organizing SMEs training courses, and targeting them par- ticularly at high-risk groups. 3.2 In countries of destination: • Implementing measures to reduce “the invisibility of exploitation”. A multi-agency programme of monitoring, administrative controls and intelligence gathering on the labour markets, and, where applicable, on the sex industry, will contribute greatly to this objective;
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• Considering the liberalization by governments of their labour markets with a view to increas- ing employment opportunities for workers with a wide range of skills levels; • Addressing the problem of unprotected, informal and often illegal labour, with a view to seeking a balance between the demand for inexpensive labour and the possibilities of regular migration; • Tackling underground economic activities which undermine economies and enhance trafficking. 3.3 Whether in countries of origin or countries of destination: • Taking measures to raise levels of social protection and to create employment opportunities for all; • Taking appropriate measures to eliminate discrimination against women in the field of employ- ment in order to ensure, on a basis of gender equality, the right to equal pay for equal work and the right to equality in employment opportunities; • Addressing all forms of discrimination against minorities; • Developing programmes that offer livelihood options and include basic education, literacy, com- munication and other skills, and reduce barriers to entrepreneurship; • Encouraging gender sensitization and education on equal and respectful relationships between the sexes, thus preventing violence against women; • Ensuring that policies are in place which allow women equal access to and control over eco- nomic and financial resources; • Promoting flexible financing and access to credit, including micro-credit with low interest; • Promoting good governance and transparency in economic transactions; • Adopting or strengthening legislative, educational, social, cultural or other measures, and, where applicable, penal legislation, including through bilateral and multilateral co-operation, to dis- courage the demand that fosters all forms of exploitation of persons, especially women and chil- dren, and that leads to trafficking.
4. Awareness-raising 4.1 Undertaking, in co-operation with civil society and NGOs, information campaigns to gener- ate public awareness about trafficking in its various forms, including the methods employed by traffickers and the risks to victims. 4.2 Increasing awareness about trafficking among immigration authorities and consular and dip- lomatic personnel so that they use this knowledge in their daily contacts with potential victims. 4.3 Encouraging national embassies to disseminate information on relevant national legislation such as family law, labour law and immigration law as is of interest to potential migrants, includ- ing through NGOs. 4.4 Increasing awareness of other relevant target groups, including policy makers, law enforce- ment officers, and other relevant professionals such as medical, social services and employment officials, and in the private sector, to THB, to enhance their readiness to address it adequately and to strengthen their institutional capacity to counter it. 4.5 Encouraging the consular and visa sections of the diplomatic missions to use printed and other materials in their work with at-risk individuals. 4.6 Raising awareness of the media. The perception of the problem of trafficking in human beings brought forward by the media should include a clear explanation of the phenomenon and a realis- tic portrayal of the victims. To maximize public knowledge and awareness, anti-trafficking cam- paigns should be conducted with media professionals.
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4.7 Targeting awareness-raising campaigns also at the most vulnerable groups, including per- sons belonging to national minorities, children, migrants and internally displaced persons (IDPs). 4.8 Extending awareness-raising campaigns to smaller towns and villages whose populations may be at particular risk. 4.9 Working in schools and universities as well as directly with families to reach young people and to raise their awareness about trafficking. 4.10 Addressing, also through the media, the need to reduce the demand for the activities of per- sons trafficked for sexual exploitation, forced labour, slavery or other practices similar to slavery and, in this connection, promoting zero tolerance towards all forms of trafficking. 4.11 Establishing well-publicized telephone “hotlines” in the countries of origin, transit and des- tination, which should serve three purposes: to act as an independent source of advice and guid- ance to potential victims who may be considering job opportunities or other offers to go abroad, to act as a first point of contact providing access to a referral mechanism for victims of THB, and, furthermore, to facilitate the anonymous reporting of cases or suspected cases of THB.
5. Legislative measures 5.1 Adopting or reviewing laws, administrative controls and procedures relating to the licensing and operation of sectors of business that, according to intelligence, may be involved in traffick- ing, such as employment, tourist, au pair, adoption or mail-order bride agencies, as well as hotels and escort services. 5.2 Ensuring that measures adopted for the purpose of preventing and combating trafficking in persons do not have an adverse impact on the rights and dignity of persons, including their free- dom of movement.
Action for OSCE Institutions and Bodies
6. Data collection and research 6.1 Enhancing data collection and research on trafficking in persons, particularly on trafficking in children, by building on past research and engaging in exchanges with the United Nations Chil- dren’s Fund and other relevant actors. 6.2 Tasking ODIHR’s Contact Point on Roma and Sinti with continuing to gather data regarding trafficking in human beings, especially children, and its effects on Roma and Sinti communities.
7. Addressing root causes of THB 7.1 The OCEEA will support the promotion and the development of national public information resource centres to allow individuals to check the legitimacy of businesses, particularly those advo- cating employment abroad, while avoiding overlap with existing Chambers of Commerce facili- ties or other business registration offices. The OCEEA can function as an intermediary, collecting examples of best practices on easily accessible legitimacy checks and distributing them to inter- ested participating States and/or OSCE field operations. 7.2 The OCEEA will continue to promote SMEs training and to target it in particular at high-risk groups, including by assisting in the development of legislation to reduce barriers to the estab- lishment of SMEs. 7.3 The OCEEA should develop programmes to tackle economic factors that increase the vulner- ability of women and minorities to trafficking, including discrimination in the workplace and lack of access to credit.
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8. Awareness-raising 8.1 The ODIHR and, where appropriate, field operations will continue to contribute to research efforts as well as promoting and carrying out awareness-raising initiatives in co-operation with relevant partners throughout the OSCE region. 8.2 The Press and Public Information Section will help to raise media awareness of OSCE activities in the field of trafficking. The ODIHR will enhance training activities with regard to the respon- sibility of the media for dealing with the topic of trafficking in a sensitive manner and without reinforcing negative stereotypes. Training will stress the complexity of the trafficking phenome- non and the need for a comprehensive response. 8.3 In order to ensure that staff of OSCE field operations do not engage in or in any way knowingly facilitate trafficking in human beings, and to fulfil the norms contained in part 4 of the OSCE Code of Conduct which is an integral part of the Staff Regulations, the Secretary General will draft com- prehensive staff instructions for review by the Permanent Council no later than 15 November 2003. 8.4 The OSCE Training Co-ordinator, the Senior Adviser on Gender Issues and the Senior Security Co-ordinator will continue to use the induction course to develop and implement staff training on gender issues, trafficking in human beings and on relevant regulations and guidelines, in co-op- eration with the ODIHR, and to organize special workshops in the field. Heads of field operations will ensure that attendance at such training courses will be compulsory for all staff. 8.5 The OCEEA will help to mobilize and strengthen the private sector’s efforts to combat traffick- ing in human beings by raising awareness, and by identifying and disseminating best practices, such as self-regulation, policy guidelines and codes of conduct.
V. Protection and assistance
The OSCE commitments related to protection and assistance to the victims of trafficking in human beings have been undertaken in the Ministerial Declaration on Trafficking in Human Beings adopted in Porto in 2002, the Ministerial Decision No. 6 adopted in Bucharest in 2001, the Min- isterial Decision No. 1 adopted in Vienna in 2000, the Charter for European Security adopted in Istanbul in 1999. Recommended action at the national level
1. Data collection and research 1.1 Collecting data through the exchange and analysis of best practices and other information regard- ing effective protection of and assistance to victims of trafficking in the OSCE participating States.
2. Legislative measures 2.1 Considering the need for adopting legislation which will provide the legal basis for render- ing assistance and protection to victims of THB, especially during pre-trial investigations and in court proceedings. 2.2 Ratifying, or acceding to, and fully implementing the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.
3. National Referral Mechanisms (NRM).*
* The ODIHR’s [National Referral Mechanisms: A Practical Handbook] may serve as a useful source of advice and information regarding the role of NRMs in rendering assistance and protection to victims of THB).
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3.1 Establishing National Referral Mechanisms by creating a co-operative framework within which participating States fulfil their obligations to protect and promote the human rights of the vic- tims of THB in co-ordination and strategic partnership with civil society and other actors work- ing in this field. 3.2 Providing guidance to facilitate the accurate identification and appropriate treatment of the victims of THB, in ways which respect the views and dignity of the persons concerned. 3.3 Combining the efforts of law-enforcement bodies, including specially established anti-traf- ficking units and police at local level, officials of migration and border services, social protection units, medical institutions, as well as NGOs and other civil society institutions as the most rele- vant actors to be involved in NRM activities. 3.4 Establishing appropriate mechanisms to harmonize victim assistance with investigative and prosecutorial efforts. 3.5 Drawing special attention to the need for enhanced co-operation between the police and NGOs in identifying, informing and protecting victims of THB. 3.6 Linking the activities of NRMs with those of inter-ministerial bodies, national coordinators, NGOs and other relevant national institutions to form a cross-sectoral and multidisciplinary team capable of developing and monitoring the implementation of anti-trafficking policies.
4. Shelters 4.1 Establishing shelters, run by governmental bodies, NGOs, or other institutions of civil society to meet the needs of trafficked persons; these shelters are to provide safety, access to independent advice and counselling in a language known by the victim, firsthand medical assistance, and an opportunity for reflection delay after the experienced trauma. Shelters may be established on the basis of already existing facilities such as crisis centres for women. 4.2 Providing access to shelters for all victims of trafficking, regardless of their readiness to co-op- erate with authorities in investigations. 4.3 Giving special attention to ensuring security for personnel of such shelters, confidentiality of information obtained, and safety and privacy for victims of THB. 4.4 Using shelters to provide the kind of training opportunities for victims of THB which will facil- itate their future reintegration, employment and independence, as well as improving their com- petitive capabilities after the experienced trauma.
5. Provision of documents 5.1 Ensuring provision of documents, if necessary, as a first step to clarifying the victim’s identity and status in countries of destination, thus making it possible to proceed with options of assis- tance in appropriate cases, such as repatriation, preferably voluntary, provision of a temporary or permanent residence permit, and/or legalization of employment. 5.2 Enhancing co-operation amongst law enforcement bodies in the countries of origin, transit and destination, and responsible officials of all institutions involved in the restoration of rights of vic- tims of THB, including the personnel of embassies and consulates of participating States in order to facilitate the speedy verification of personal data and the avoidance of undue or unreasonable delay. 5.3 Informing identified victims of THB of their right to access to diplomatic and consular repre- sentatives of their country of nationality.
6. Provision of social assistance
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6.1 Developing social assistance and integration programmes, including legal counselling in a lan- guage known by the victim, medical and psychological assistance and access to health care, to be made available either in shelters or other relevant institutions. 6.2 Considering, where not inconsistent with national legislation, legal measures to allow confis- cated assets to be used to supplement government funding for programmes that address the needs of victims of THB and to compensate the victims in accordance with the gravity of the crime com- mitted against them.
7. Repatriation, rehabilitation and reintegration 7.1 Assisting the victims of THB in – preferably – voluntary repatriation to the country of origin with due regard for their safety and that of their families, and without undue or unreasonable delay. 7.2 Ensuring due process in all return and removal proceedings, taking into account a humani- tarian and compassionate approach. 7.3 Considering contributing to the rehabilitation and social reintegration of victims of THB by providing them with social and economic benefits. 7.4 Raising media awareness of the need to safeguard privacy by avoiding public disclosure of the identity of victims of THB, or publication of confidential information inimical to victims’ secu- rity or to the cause of justice in criminal proceedings.
8. Provision of a reflection delay and temporary or permanent residence permits 8.1 Considering the introduction of a reflection delay to give the victim due time to decide whether or not to act as a witness. 8.2 Considering on a case-by-case basis, if appropriate, the provision of temporary or permanent residence permits, taking into account such factors as potential dangers to victims’ safety. 8.3 Considering, if appropriate, the provision of work permits to victims during their stay in the receiving country.
9. Ensuring the right to apply for asylum 9.1 Ensuring that anti-trafficking laws, policies, programmes and interventions do not affect the right of all persons, including victims of THB, to seek and enjoy asylum from persecution in accordance with international refugee law, in particular through effective application of the prin- ciple of non-refoulement.
10. Protection of children 10.1 Ensuring that the special needs of children and the best interests of the child are fully taken into account when deciding upon appropriate housing, education and care. In appropriate cases, if there is no direct threat to the safety of the child, providing the children with access to the State educational system. 10.2 Deciding on the repatriation of a child victim of THB only after having taken account of all the circumstances of the specific case and if there is a family or special institution in the country of origin to ensure the child’s safety, protection, rehabilitation and reintegration. 10.3 Considering the provisions outlined in the United Nations High Commissioner for Refugees Guidelines for the Protection of Unaccompanied Minors when elaborating policies targeted at this risk group, and in particular for those who are not in possession of identification documents. 10.4 Using bilateral and/or regional agreements on fundamental principles of good reception of unaccompanied children in order to combine efforts targeted at the protection of children.
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10.5 Ratifying or acceding to, and fully implementing, the Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography.
Action for OSCE Institutions and Bodies
11. National Referral Mechanism 11.1 Enhancing the activities of the OSCE, especially the ODIHR, in assisting participating States, upon their request, in establishing the NRM. 11.2 Tasking the OSCE Strategic Police Matters Unit, together with the ODIHR, with the further development of guidelines or a manual on the identification of suspected victims and of evidence of THB, in order to assist participating States, as appropriate.
12. Reintegration 12.1 The OCEEA will facilitate contacts between public and private actors with a view to encour- aging the business community to offer job opportunities to victims of trafficking.
13. Protection of children 13.1 The OSCE as a whole shall give special attention to the issue of trafficking in children and to recognizing the vulnerability of unaccompanied children. Efforts should be made to develop co-op- eration with specialized international agencies, especially the United Nations Children’s Fund and relevant international NGOs, on expert meetings, research and the development of guidelines pro- moting the best interest of the child.
14. Training 14.1 Tasking the OSCE Training Co-ordinator, the Senior Adviser on Gender Issues and the Senior Security Co-ordinator in co-operation with the ODIHR with developing information material on how to assist victims of trafficking, especially children, in response to requests either from indi- viduals or governmental and non-governmental bodies, and with providing relevant training for OSCE mission members. The material might also be disseminated to military personnel, peace- keepers and other international staff in the field. 14.2 Tasking the ODIHR with the collection and dissemination of information on measures, train- ing programmes and materials already in place in OSCE participating States.
15. Legislative measures 15.1 In co-ordination with the United Nations Office on Drugs and Crime, the Council of Europe and other relevant actors, the ODIHR will continue to assist participating States, upon their request, in bringing their national legislation into compliance with international norms and standards, particularly by promoting a humanitarian and compassionate approach to the victims of THB.
VI. Follow-up and co-ordinating mechanisms
Besides monitoring the implementation of the OSCE commitments by participating States through existing OSCE mechanisms, including the annual Human Dimension Implementation Meeting, Review Conferences and relevant human dimension events, The Permanent Council recommends the following actions at the national level:
1. To consider appointing National Rapporteurs or other mechanisms for monitoring the anti-traf- ficking activities of State institutions and the implementation of national legislation requirements;
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2. To consider establishing Anti-Trafficking Commissions (task forces) or similar bodies respon- sible for co-ordinating activities within a country among State agencies and NGOs, and for elab- orating measures to prevent THB, to punish perpetrators of THB and to protect its victims;
3. To improve co-operation between State institutions and national NGOs active in rendering pro- tection and assistance to the victims of THB, combating violence against women and children, promoting gender equality and raising awareness in human rights issues;
Furthermore, the Permanent Council:
4. Tasks the Chairmanship with conducting discussions on follow-up to this Action Plan, includ- ing augmenting current structures and examining the need for a new mechanism, with a view to enhancing the OSCE’s efforts in fighting trafficking in human beings by raising its political pro- file and giving it a prominent role on the issue, as well as better co-ordinating work among the three dimensions of the OSCE;
5. Tasks the OSCE relevant structures with hosting and facilitating annual meetings in Vienna of national co-ordinators, representatives or experts on combating trafficking, to monitor the pro- cess of the implementation of the OSCE Action Plan. This will provide them with a chance to build networks, exchange information, and outline priorities for co-operation;
6. Urges the pursuit of close interaction between the OSCE Secretariat, its institutions and its field operations, to assist participating States, where appropriate, in implementing the current Action Plan;
7. Tasks the ODIHR with rendering necessary technical assistance to participating States, when appropriate, in developing National Anti-Trafficking Plans of Action, including legislative and other assistance measures aimed at effective prevention and combating trafficking and protec- tion of victims;
8. Tasks OSCE institutions and bodies with engaging in more extensive regular exchange of infor- mation, data collection and research with relevant international organizations;
9. Tasks the ODIHR with the further development of its clearing-house function for the exchange of information, contacts, materials and good practices and with the enhancement of its project activities.
Decision No. 3/03
Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area
The Ministerial Council,
Committed to respect of human rights and fundamental freedoms for all, without adverse distinc- tion of any kind, such as race, colour, sex, language, religion or belief, political or other opinion, national or social origin, property, birth or other status,
Supporting the adoption and implementation of comprehensive anti-discrimination legislation to promote full equality of opportunities for all,
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Recognizing the particular difficulties faced by Roma and Sinti people and the need to undertake effective measures in order to eradicate discrimination against them and to bring about equality of opportunities, consistent with OSCE commitments,
Recognizing that progress has been achieved in national legislation and in programmes for action and that substantial efforts have been undertaken by the participating States to this end,
Aware at the same time that resolute action is still required to improve the situation of the Roma and Sinti population across the OSCE region,
Noting the rich cultural, linguistic and historical diversity among Roma and Sinti people within the OSCE area, as well as the diversity of national structures and traditions in the OSCE area,
Noting the outcome of important recent governmental and non-governmental conferences and initiatives on Roma and Sinti in Europe, including, inter alia, the launching of a Decade of Roma Inclusion and the possible creation of a European Forum for Roma and Travellers,
Convinced that Roma and Sinti populations should have an ever-increasing degree of ownership of the policies focusing on them,
Decides to endorse the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, adopted by the Permanent Council in its Decision No. 566 on 27 November 2003, and annexed to this Decision.
Annex to Decision No. 3/03
Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area
I. Scope and objectives
1. The Action Plan is intended to reinforce the efforts of the participating States and relevant OSCE institutions and structures aimed at ensuring that Roma and Sinti people are able to play a full and equal part in our societies, and at eradicating discrimination against them.
2. The Action Plan relies on the framework of international and regional human rights law, exist- ing OSCE commitments and examples of best practices from countries throughout Europe, where these are in place, and aims at fostering such practices elsewhere. The special measures foreseen by the Action Plan with a view to improving the situation of Roma and Sinti people are based on the International Convention on the Elimination of All Forms of Racial Discrimination.*
3. Both the participating States and OSCE institutions are called upon to implement the Action Plan. Roma and Sinti communities in the participating States are invited to draw upon and con- tribute actively to the implementation of the Action Plan’s provisions.
* Article I, paragraph 4 reads: “Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objec- tives for which they were taken have been achieved.”
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II. General context: for Roma, with Roma
4. Each national policy or implementation strategy should: (1) respond to the real problems, needs and priorities of Roma and Sinti communities; (2) be comprehensive; (3) introduce a balanced and sustainable approach to combining human rights goals with social policies; and (4) maximize Roma ownership of the policies that affect them. At the same time, national policies or implementation strategies should be adapted and implemented according to the specific needs of Roma and Sinti populations in particular situations in participating States. Implementation strategies should also include mechanisms to ensure that national policies are implemented at the local level.
5. The guiding principle in the efforts of participating States and relevant OSCE institutions should be that each policy and implementation strategy should be elaborated and implemented with the active participation of Roma and Sinti communities. It is essential to ensure real participation by Roma and Sinti people in all the decisions that affect their lives. Roma and Sinti people should work alongside local, national and international authorities in the development of these strategies. Equally, Roma communities should be equal partners and should share the responsibility for the betterment of their welfare.
6. The particular situation of Roma and Sinti women should be taken into account in the design and implementation of all policies and programmes. Where consultative and other mechanisms exist to facilitate Roma and Sinti people’s participation in such policy – making processes, women should be able to participate on an equal basis with men. Roma women’s issues should be system- atically mainstreamed in all relevant policies designed for the population as a whole.
III. Combating racism and discrimination
In order to counter prejudice against Roma and Sinti and to effectively elaborate and implement policies to combat discrimination and racial violence, the following actions are recommended:
Legislation and law enforcement
Recommended action by participating States:
7. Consider ratifying the relevant international treaties as soon as possible, if they have not already done so, inter alia, the International Convention on the Elimination of All Forms of Racial Dis- crimination.
8. Adopt and implement effective anti-discrimination legislation to combat racial and ethnic dis- crimination in all fields, including, inter alia, access to housing, citizenship and residence, educa- tion, employment, health and social services. Involve Roma and Sinti representatives in the design, implementation and evaluation processes.
9. The anti-discrimination legislation should ensure: • Prohibition of both direct and indirect racial discrimination; • Imposition of effective, proportionate and dissuasive sanctions for discriminatory acts or prac- tices; • Imposition of heavier sentences for racially motivated crimes by both private individuals and public officials; • Equal access to effective remedies (judicial, administrative, conciliation or mediation procedures).
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10. It should be ensured that national legislation prohibits all kinds of discriminatory acts and that all cases of suspected discrimination are thoroughly and objectively investigated.
11. Create, where appropriate, specialized institutions to ensure the implementation of such leg- islation, as well as domestic mechanisms to monitor and report regularly and with transparency on the progress achieved in its implementation. Encourage participation of Roma and Sinti repre- sentatives in such bodies, whose work should be accessible to the public.
12. Develop, where necessary, comprehensive national strategies or action plans to improve the situation of Roma and Sinti people, which include specific measures to tackle discrimination in all fields of life.
13. Assess on a regular basis, especially at the local level, the results of these strategies and involve Roma and Sinti communities in the evaluation process.
14. Endeavour, by encouraging a genuine dialogue or consultations or through other appropri- ate means, to improve the relations between Roma and Sinti people and other inhabitants, with a view to promoting tolerance and overcoming prejudices and negative stereotypes on both sides.
15. Document, consistent with national and international standards on the protection of data, all types and relevant cases of discrimination in order to better assess the situation and respond to the needs of Roma and Sinti people.
16. Ensure the vigorous and effective investigation of acts of violence against Roma and Sinti peo- ple, especially where there are reasonable grounds to suspect that they were racially motivated, and prosecute those responsible in accordance with domestic law and consistent with relevant standards of human rights.
17. Ensure no impunity for perpetrators of discriminatory or violent acts, inter alia, by taking prompt and effective investigative and punitive action on the part of the police.
18. Facilitate access to justice for Roma and Sinti people through measures such as legal aid and the provision of information in the Romani language.
19. Take into account in all measures and programmes, the situation of Roma and Sinti women, who are often victims of discrimination on the basis of both ethnicity and sex. Recommended action by OSCE institutions and structures:
20. The ODIHR and, where appropriate, other OSCE institutions and structures, including OSCE field operations, will assist participating States, at their request, in developing anti-discrimination legislation, as well as in establishing anti-discrimination bodies.
21. The HCNM, within its mandate, will continue to follow the development of anti-discrimination legislation and provide advice and assistance to the participating States in this respect, as appropriate.
22. Upon request, the ODIHR will provide advice on how a participating State’s existing mech- anisms, such as ombudsman offices, commissions for combating discrimination, police discipli- nary commissions, and other relevant bodies can alleviate tensions between Roma and Sinti and non-Roma communities.
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23. The ODIHR/Contact Point for Roma and Sinti Issues (CPRSI) will promote better relations between Roma and Sinti non-governmental organizations (NGOs) and the participating States.
24. The ODIHR-CPRSI will serve as a clearing house on initiatives undertaken by participating States and facilitate exchanges of information on best practices.
25. The ODIHR-CPRSI will, in close co-operation with participating States, Roma and Sinti com- munities, and where possible with other international organizations, and in full respect of the laws on the protection of personal data, collect documentation for the purpose of developing more pre- cisely targeted policies.
Police
Recommended action by participating States:
26. Develop policies that promote awareness among law-enforcement institutions regarding the situation of Roma and Sinti people and that counter prejudice and negative stereotypes.
27. Develop training programmes to prevent excessive use of force and to promote awareness of and respect for human rights.
28. Develop policies: (1) to improve relations between Roma and Sinti communities and the police, so as to prevent police abuse and violence against Roma and Sinti people; and (2) to improve trust and confidence in the police among Roma and Sinti people.
29. Develop policies and procedures to ensure an effective police response to racially motivated violence against Roma and Sinti people.
30. Assess the gap between international standards on police and currently existing national prac- tices in consultation with national police forces, NGOs and representatives of Roma and Sinti communities.
31. Elaborate, where appropriate, and in close partnership with international organizations and Roma NGOs, policy statements, codes of conduct, practical guidance manuals and training pro- grammes.
32. Encourage Roma and Sinti people to work in law-enforcement institutions as a sustainable means of promoting tolerance and diversity.
Recommended action by OSCE institutions and structures:
33. The Strategic Police Matters Unit in the Secretariat and the ODIHR will assist participating States in developing programmes and confidence-building measures – such as community polic- ing – to improve the relations between Roma and Sinti people and
the police, particularly at the local level. 34. The ODIHR-CPRSI and the Strategic Police Matters Unit will, within their respective mandates, produce a compilation of police “best practices” in the OSCE region with respect to policing and Roma and Sinti communities.
35. The HCNM, the ODIHR-CPRSI and the Strategic Police Matters Unit will assist the participating States in developing codes of conduct to prevent racial profiling and improve interethnic relations.
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Mass Media
Recommended action by participating States:
36. Launch information and awareness-raising campaigns with a view to countering prejudices and negative stereotypes of Roma and Sinti people.
37. In order to foster freedom of expression, encourage training of Roma and Sinti journalists and their employment in media outlets with a view to facilitating wider access to the media for Roma and Sinti people.
38. Encourage the media to show positive aspects and present a balanced portrayal of Roma life, refrain from stereotyping Roma and Sinti people and avoid inciting tension between various ethnic groups. Organize round tables between media representatives and Roma and Sinti representatives to promote this objective. Recommended action by OSCE institutions and structures:
39. In co-operation with the ODIHR as well as relevant international organizations, the Represent- ative on Freedom of the Media (RFOM) should consider how the OSCE could contribute to the establishment of a European Roma Radio which would broadcast throughout Europe. The ODIHR and the RFOM should organize public debates, anti-discrimination campaigns and joint training programmes with and for the media.
40. The RFOM should consider facilitating training seminars for Roma journalists.
41. The ODIHR-CPRSI and the RFOM will organize round tables with journalists on the image that Roma and Sinti communities have in society.
42. The HCNM will continue to elaborate and disseminate guidelines for policy-makers on the use of the State broadcast media in multicultural communities, aimed, inter alia, at encouraging support for minority broadcasters, including Roma and Sinti broadcasters, and improving their access to the media.
IV. Addressing socio-economic issues
Action is required to ensure that Roma and Sinti people enjoy social and economic rights on a par with others. Measures at the grass-roots level, particularly those originating from Roma groups themselves, are particularly needed in order to promote the integration of Roma and Sinti people into social and economic life and to combat their isolation and poverty. The OSCE and its partic- ipating States should continue to facilitate such integration.
Housing and living conditions
Recommended action by participating States:
43. Put in place mechanisms and institutional procedures to clarify property rights, resolve ques- tions of ownership and regularize the legal status of Roma and Sinti people living in circumstances of unsettled legality (e.g., Roma neighbourhoods lacking land rights or which are not included in the urban plans of the main locality; families and houses without legal residence status in settle- ments where the people have been living de facto for decades).
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44. Involve Roma and Sinti people in the design of housing policies, as well as in the construction, rehabilitation and/or maintenance of public housing projects meant to benefit them. Ensure that housing projects do not foster ethnic and/or racial segregation.
45. Consider the possibility of guaranteeing loans to participating States that may be available from international organizations and financial institutions for low-income housing projects.
46. Promote the option of co-operative housing schemes for Roma communities and provide appropriate training for the maintenance of such facilities. Recommended action by OSCE insti- tutions and structures:
47. The ODIHR-CPRSI and the Office of the Co-ordinator of OSCE Economic and Environmental Activities (OCEEA) are encouraged to play a larger role in facilitating the provision of informa- tion about and access to resources made available by foreign donors for specific projects, particu- larly those generated by Roma and Sinti groups, addressing the social and economic development of Roma and Sinti communities. Unemployment and economic problems
Recommended action by participating States:
48. Promote increased representation of qualified Roma and Sinti people in public employment.
49. Develop training programmes to prepare under-represented groups such as Roma and Sinti for employment in local public administration and other areas, and develop policies to encourage employment of the graduates of these programmes as civil servants.
50. Reassess the impact of subsidized employment programmes, paying particular attention to their educational components, to ensure that these will aim to increase the competitiveness of Roma and Sinti people on the labour market.
51. Develop policies and programmes, including vocational training, to improve the marketable skills and employability of Roma and Sinti people, particularly young people and women.
52. Adopt social policies that strengthen incentives to seek employment, as a sustainable way to avoid dependency on social benefits.
Recommended action by OSCE institutions and structures:
53. At the request of participating States, the OCEEA, together with relevant international organ- izations, will contribute to developing approaches designed to overcome obstacles and discrimi- nation that prevent Roma and Sinti people from fulfilling their potential in the economic sphere.
54. At the request of participating States, the ODIHR-CPRSI and the OCEEA will support devel- opment of the employability and entrepreneurial skills of Roma and Sinti people through the establishment of training and retraining programmes in participating States. Successful practices, particularly relating to the development of entrepreneurial skills and small and medium-sized enterprises (SMEs) (e.g., the Youth Entrepreneurship Seminars programme) could be adapted to the needs of Roma and Sinti people. The OCEEA could also facilitate economic and social inser- tion by acting as a catalyst for support by partner organizations and financial institutions of micro- credit programmes, in the form of small loans for the establishment of small-scale businesses.
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55. The OCEEA, working in close contact and in co-operation with other international organi- zations, so as to avoid overlapping, can assist governments in assessing the impact of economic policies and processes on Roma and Sinti communities (by developing policy performance/assess- ment indicators).
56. The ODIHR-CPRSI and the OCEEA will draw upon the research developed by UNDP and other agencies to assess the needs of Roma and Sinti people with a view to fostering policies that take into account the extent and nature of their specific needs in each participating State.
57. In co-ordination with relevant international organizations (in particular UNDP and the World Bank), the ODIHR-CPRSI and the OCEEA will examine ways to stimulate better access by Roma and Sinti people to regular training programmes. Workshops or round-table discussions tailored to the needs of Roma and Sinti people can be organized, with a view to informing and educating community members regarding the economic and social rights of individuals and entrepreneurs.
Health care
Recommended action by participating States:
58. Ensure that Roma and Sinti people have access to health care services on a non-discrimina- tory basis.
59. Promote awareness about the specific needs of the Roma and Sinti population amongst health care personnel.
60. Address the high incidence of disease and malnutrition among Roma communities.
61. Encourage access by Roma and Sinti populations to general public health services at an early stage by: (a) Informing Roma and Sinti people about the availability of such services and telling them how to take advantage of them; (b) Strengthening the confidence of Roma and Sinti people towards public health care providers, including through: punishing incidents of direct or indirect discrimination experienced by Roma and Sinti; training health care workers to understand relevant aspects of Roma culture; and sup- porting mediators who can play an important role in bridging the gap between Roma communi- ties and public health care service providers.
62. Pay special attention to the health of women and girls, inter alia, by: (a) Promoting and/or developing programmes aimed at providing information on health care (including nutrition, neonatal care and domestic violence, etc.); (b) Improving access to gynaecological health care, including prenatal, delivery and postnatal health care services, inter alia, through the provision of information and training.
63. Pay special attention to the health of Roma and Sinti children through the provision of appropri- ate paediatric care, including preventive measures such as offering vaccinations in Roma settlements.
Recommended action by OSCE institutions and structures:
64. In co-operation with other international organizations and NGOs, the ODIHR will draw upon existing research data to identify socio-economic, political and cultural factors that have an impact
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on the health status of particular Roma and Sinti populations, and will advise participating States regarding public health programmes which would respond to needs identified.
65. The ODIHR-CPRSI and, where appropriate, other OSCE institutions and structures, includ- ing OSCE field operations, will assist participating States in launching educational initiatives to help Roma and Sinti people make full use of regular health services. They will, inter alia, collect, produce and disseminate relevant information on good practices.
66. The ODIHR-CPRSI will pay special attention to ensuring that Roma and Sinti people have access to programmes aimed at prevention and/or treatment of drug abuse and addiction and AIDS and related diseases.
V. Improving access to education
Education is a prerequisite to the participation of Roma and Sinti people in the political, social and economic life of their respective countries on a footing of equality with others. Strong immediate measures in this field, particularly those that foster school attendance and combat illiteracy, should be assigned the highest priority both by decision – makers and by Roma and Sinti communities. Educational policies should aim to integrate Roma and Sinti people into mainstream education by providing full and equal access at all levels, while remaining sensitive to cultural differences.
Recommended action by participating States:
67. Ensure that national legislation includes adequate provisions banning racial segregation and discrimination in education and provides effective remedies for violations of such legislation.
68. Consult Roma and Sinti representatives when designing educational policies affecting them.
69. Actively promote equal opportunities in the field of education for Roma and Sinti children, particularly by providing them with language-related or other assistance.
70. Take special measures to enhance the quality and effectiveness of education for Roma and Sinti children. Encourage increased representation of Roma and Sinti people among school teachers.
71. Include Roma history and culture in educational texts, with particular consideration given to the experience of Roma and Sinti people during the Holocaust.
72. Consider measures to ensure the respect, protection and promotion of the Romani language and its teaching, and of Roma culture as an integral part of the Roma and Sinti cultural heritage.
73. Develop and implement comprehensive school desegregation programmes aiming at: (1) dis- continuing the practice of systematically routing Roma children to special schools or classes (e.g., schools for mentally disabled persons, schools and classes exclusively designed for Roma and Sinti children); and (2) transferring Roma children from special schools to mainstream schools.
74. Allocate financial resources for the transfer of the Roma children to mainstream education and for the development of school support programmes to ease the transition to mainstream education.
75. Facilitate Roma children’s access to mainstream education by taking measures such as: (a) Taking measures to eradicate manifestations of prejudice against Roma and Sinti people in schools;
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(b) Training of educators regarding multicultural education and ways of dealing with ethnically mixed classes; (c) Developing strategies to gain wider community support for the desegregation of schools; (d) Providing support to bridge the gap between Roma and Sinti children and other pupils, including through pre-school programmes designed to prepare Roma and Sinti children for primary school; (e) Providing support to increase the number of mediators/trainers and teachers from within the Roma communities.
76. Develop and implement anti-racist curricula for schools, and anti-racism campaigns for the media.
77. Develop policies that address the full range of factors which contribute to lowschool attend- ance by Roma and Sinti children. This includes, inter alia, ensuring that Roma and Sinti families have the necessary documentation for registration as any other inhabitants.
78. Consider elaborating social support programmes for low-income Roma families with school- aged children.
79. Promote regular school attendance by Roma and Sinti children, inter alia, through the involve- ment of family and social mediators, the promotion of awareness by Roma and Sinti parents and elders of their responsibility to facilitate children’s school attendance and, in particular, equal access to education for girls.
80. Pay special attention to providing Roma and Sinti girls with equal opportunities for educational and social inclusion and develop programmes to counter their particularly high drop-out rate.
81. Consider developing appropriate programmes for those who have not completed primary school or are illiterate.
82. Develop, where necessary, scholarship programmes for Roma students and encourage their increased participation in existing scholarship programmes.
83. Encourage computer literacy among Roma and Sinti people through the setting up of infor- mation web-sites.
84. Evaluate periodically the effectiveness of educational policies.
Recommended action by OSCE institutions and structures:
85. The HCNM will encourage participating States to comply with their commitments to provide free and equal access to public education to all members of society, and will encourage them to take steps to improve the situation of Roma and Sinti people in this respect.
86. The HCNM will continue to provide guidance on educational models, curriculum content and the teaching of, or in, the mother tongue, including the Romani language.
VI. Enhancing participation in public and political life
Roma and Sinti people face special challenges in their efforts to participate in the public – and par- ticularly the political – life of their respective countries. Low levels of education and, in certain
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cases, discrimination against them contribute substantially to the under-representation of Roma and Sinti people at all levels of government. Roma and Sinti people have an equal right to par- ticipate in public affairs. This includes the rights to vote, stand for election, participate in public affairs and form political parties without discrimination. Efforts made in recent years to foster Roma political participation should be encouraged, particularly those originating from the Roma groups themselves.
Recommended action by participating States:
87. Participating States must be proactive in ensuring that Roma and Sinti people, like any other inhabitants, have all the necessary documents, including birth certificates, identity documents and health insurance certificates. In resolving problems related to the lack of basic documents, par- ticipating States are strongly advised to work in partnership with Roma and Sinti civil organiza- tions. 88. Participating States are encouraged to take into account the following basic conditions for ensuring effective participation by Roma and Sinti people in public and political life: • Early involvement: Any initiative relating to Roma and Sinti people should involve them at the earliest stages in the development, implementation and evaluation phases; • Inclusiveness: Roma and Sinti people should be included in formal consultative processes, and the effectiveness of mechanisms established for their participation in shaping major policy ini- tiatives should be ensured by involving them in a broadly representative process; • Transparency: Programmes and proposals should be circulated sufficiently in advance of deci- sionmaking deadlines to allow for meaningful analysis and input from representatives of Roma and Sinti communities; • Meaningful participation by Roma and Sinti people at all levels of government: Participation by Roma and Sinti people in local government is essential for the effective implementation of policies affecting them; • Ownership: Roma and Sinti people play an essential and irreplaceable role in ensuring that the right to participate in the political process is observed in practice.
89. Elected officials should establish close working relations with Roma and Sinti communities.
90. Establish mechanisms to ensure equal, direct and open communication between Roma and Sinti representatives and government authorities, including advisory and consultative bodies.
91. Facilitate interaction between political leaders at the local and national levels and diverse Roma groups.
92. Organize election-awareness campaigns so as to increase participation of the Roma elector- ate in elections.
93. Ensure that Roma voters can make free and informed choices in elections.
94. Take measures to guarantee the equal voting rights of women, including by enforcing prohi- bitions on so-called “family voting”.
95. Encourage Roma and Sinti people to engage more actively in public service, including, where necessary, through the introduction of special measures to promote their participation in the civil service.
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96. Encourage the representation of Roma and Sinti people in elected and appointed office at all levels of government.
97. Empower and integrate Roma and Sinti individuals into decision-making processes of States and localities as elected representatives of their communities and as citizens of their respective countries.
98. Promote Roma women’s participation in public and political life; Roma women should be able to participate on an equal basis with men in consultative and other mechanisms designed to increase access to all areas of public and political life. Recommended action by OSCE institu- tions and structures:
99. The ODIHR and, where appropriate, other OSCE institutions and structures, including OSCE field operations, will develop programmes aimed at fostering the registration necessary for full political participation.
100. The ODIHR-CPRSI should help to organize training for and by Roma NGOs, including media organizations, for wider Roma communities on the issues of democratic processes and participation.
101. The ODIHR and, where appropriate, other OSCE institutions and structures, including OSCE field operations, will develop and implement voter education and voter registration programmes.
102. The ODIHR will act as a catalyst for exchanges of information and best practices among par- ticipating States and other international organizations.
103. The ODIHR will continue and strengthen the practice of examining the involvement of Roma people in voting and election processes, and will continue the practice of including Roma and Sinti experts in its election observation missions in the OSCE area.
104. The HCNM, within its mandate, will continue to advise States on appropriate ways and means of facilitating the participation of Roma and Sinti people in all areas of public life.
105. The ODIHR-CPRSI and, where appropriate, other OSCE institutions and structures, includ- ing OSCE field operations, will design programmes that encourage Roma and Sinti representatives to stand as candidates for elected bodies or will identify creative solutions that would ensure the participation of Roma and Sinti representatives in national and local decision-making processes.
106. The ODIHR will devote particular attention to activities aimed at increasing access by Roma women to all areas of public and political life.
VII. Roma and Sinti in crisis and post-crisis situations
The participating States have an obligation to ensure that, even in crisis and post-crisis situations, all the fundamental rights, including the rights of refugees deriving from relevant international instruments, in particular the 1951 Convention relating to the Status of Refugees and its 1967 Pro- tocol, are secured without discrimination. They take into account the UN Guiding Principles on Internal Displacement as a useful framework for the work of the OSCE and their endeavours in dealing with internal displacement.
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Recommended action by participating States:
107. Consult Roma and Sinti populations when defining crisis situations in order to facilitate ade- quate procedures and to identify specific geographical areas from which refugees and internally displaced persons flee, as well as to ensure that the specific situation of Roma and Sinti people are addressed.
108. Ensure that Roma and Sinti populations in a forced displacement situation (refugees and IDPs) are duly registered and provided with the relevant documents. 109. The participating States should ensure that programmes are in place to promote informed choice regarding the decision of Roma and Sinti refugees and IDPs concerning durable solutions to their situations, including the exercise of their right to safe, decent and sustainable return. Such programmes should pro- vide concrete information regarding each subject of concern to refugees and IDPs and should be made available in the relevant languages.
110. Ensure that Roma and Sinti refugees are treated in accordance with the relevant international norms and standards of protection, and in a non-discriminatory manner.
111. Make use of the ODIHR’s role in conflict prevention and identification of areas of early inter- vention, and draw on the expertise of the OSCE HCNM in this regard.
112. Pay special attention to the needs of Roma and Sinti women and children in crisis and post-cri- sis situations, particularly by providing them with access to health care, housing and schooling.
Recommended action by OSCE institutions and structures:
113. The ODIHR will make use of its specific role in addressing conflict prevention and identify- ing areas of potential crisis requiring early intervention.
114. In accordance with its mandate, the ODIHR-CPRSI is called upon to respond effectively to crisis situations by, inter alia, co-operating with relevant governments, intergovernmental bodies and international organizations, in particular the UNHCR, to ensure protection of Roma com- munities at risk.
115. The ODIHR-CPRSI will raise awareness among public officials, journalists and others of the situation of Roma and Sinti people in crisis or conflict areas. 116. The ODIHR will assume a pro- active role in analysing measures undertaken by participating States relating to Roma and Sinti people and offer its advice with a view to better tackling those elements of tension in particular local contexts which may evolve, if not prevented, into open conflict situations.
117. The HCNM will continue to exercise his mandate of conflict prevention at the earliest pos- sible stage.
VIII. Enhancing co-operation and co-ordination with other international organizations and NGOs Given the increased attention being paid to issues concerning Roma and Sinti people by various international organizations, co-ordination and co-operation is required to avoid duplication of effort. With a view to ensuring effective implementation of the Action Plan, the OSCE, and in particular the ODIHR, will closely co-operate with international organizations and non-govern- mental organizations.
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118. The ODIHR-CPRSI will continue to participate actively in the Informal Contact Group on Roma of the Intergovernmental Organisations.*
119. The strengthening and up-grading of this informal body will be agreed upon and implemented in co-operation with all the relevant partners, particularly by ensuring the inclusion of representa- tives of OSCE participating States. Regular meetings of the Informal Contact Group at the expert level, or a higher level when deemed necessary, will be considered with a view to furthering this aim.
120. The Informal Contact Group should establish common orientations and priorities, as well as better co-ordination and co-operation in order to avoid duplication of effort.
121. The ODIHR-CPRSI will seek to consolidate the “International Roma Contact Group”† and will further contribute to the Council of Europe’s initiative for a possible European Forum for Roma and Travellers.
122. The ODIHR-CPRSI will provide information and co-ordination services to relevant national and international institutions, and will facilitate dialogue among them and with Roma NGOs.
123. The ODIHR-CPRSI will seek to develop relations with Roma and Sinti organizations and help them to co-ordinate their efforts and resources, both within individual States and across borders, and to avail themselves fully of opportunities provided by existing national and international pol- icies affecting Roma and Sinti people.
124. The ODIHR-CPRSI will draw upon the experience and input of existing monitoring projects developed by other international organizations.
IX. The ODIHR Contact Point for Roma and Sinti Issues
125. Where necessary, the ODIHR-CPRSI will facilitate information-sharing among OSCE par- ticipating States that have developed or are seeking to improve national policies on Roma and Sinti people.
126. Upon request, ODIHR-CPRSI will advise participating States on future policies related to Roma and Sinti people and will stimulate debates between governments and Roma NGOs.
127. The ODIHR-CPRSI will support capacity-building for Roma and Sinti NGOs.
128. The ODIHR-CPRSI will establish a database of best practices in OSCE participating States.
129. The ODIHR-CPRSI should assume a proactive role in analysing measures undertaken by par- ticipating States, as well as in particular situations and incidents relating to Roma and Sinti peo- ple. Towards this end CPRSI will establish and develop direct contacts with participating States and will offer advice and opinions to them.
* The Informal Contact Group on Roma of the Intergovernmental Organisations is composed of representatives from OSCE/ODIHR, the Council of Europe, the European Commission and the European Union. † The International Roma Contact Group was established in October 2000 at the initiative of the ODIHR Con- tact Point for Roma and Sinti Issues. The Contact Group includes representatives of the International Romani Union, the Roma National Congress, elected Romani representatives, Romani experts and the ODIHRCPRSI.
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130. Governments concerned will co-operate with the ODIHR-CPRSI in identifying effective solu- tions to crisis situations.
131. The ODIHR-CPRSI will provide Roma and Sinti communities with more information on OSCE resources and activities.
132. In co-operation with relevant OSCE institutions and structures, the ODIHR will develop appropriate action aimed at tackling the root causes of trafficking in human beings, especially in children, and raise awareness of its consequences among Roma and Sinti communities.
X. Implementation: review and assessment
133. The implementation of the Action Plan’s provisions will be reviewed at the Human Dimen- sion Implementation Meetings, Review Conferences and other relevant human dimension events.
134. Drawing on the outcome of the above-mentioned meetings, as well as on input from the con- solidated Informal Contact Group on Roma of the Intergovernmental Organisations and the Inter- national Roma Contact Group, the Director of the ODIHR will report to the Permanent Council, which may recommend to participating States and OSCE institutions priorities for co-operation and co-ordination.
135. The Permanent Council will periodically organize informal briefings by the Contact Point for Roma and Sinti Issues on the areas covered by the present Action Plan in order to assess the impact at the national and local levels of the measures foreseen by it.
136. With a view to facilitating the implementation review process, OSCE participating States are encouraged to provide information on recent developments in the situation of Roma and Sinti peo- ple and/or measures inspired by this Action Plan at the Human Dimension Implementation Meet- ings, prior to Review Conferences and to the Permanent Council, where appropriate.
137. All relevant OSCE institutions and structures, including OSCE field operations, will continue to interact closely with participating States in order to assist them in implementing the Action Plan.
138. The ODIHR-CPRSI will disseminate information on this Plan to Roma and Sinti communi- ties and organizations as well as to other international organizations.
139. In order to enable ODIHR-CPRSI to carry out the tasks entrusted to it in the present Action Plan, the OSCE Permanent Council will address providing adequate human and financial resources. The details will be worked out by the Advisory Committee on Management and Finance and will be submitted to the Permanent Council.
Decision No. 4/03
Tolerance and Non-Discrimination
The Ministerial Council,
Recognizing that respect for human rights and fundamental freedoms, democracy and the rule of law are at the core of the OSCE’s comprehensive concept of security,
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Recalling its commitments in the field of the human dimension, enshrined in the Helsinki Final Act, the Charter of Paris for a New Europe, the Charter for European Security(Istanbul Summit, 1999) and all other relevant OSCE documents and decisions,
Recalling Decision No. 6 on Tolerance and Non-discrimination, adopted at the Tenth Meeting of the Ministerial Council in Porto on 7 December 2002,
Reaffirming its commitment to promote tolerance and combat discrimination, and its concern about all manifestations of aggressive nationalism, racism, chauvinism, xenophobia, anti-Semi- tism and violent extremism in all participating States, as well as discrimination based, inter alia, on race, color, sex, language, religion or belief, political or other opinion, national or social ori- gin, property, birth or other status,
Urging the relevant authorities in all participating States to continue to condemn publicly, at the appropriate level and in the appropriate manner, violent acts motivated by discrimination and intolerance,
Affirming its commitment to increase its efforts for the promotion of tolerance and non-discrim- ination in all fields,
Welcoming the work done by the OSCE during 2003,
1. Commits itself to promote the implementation of the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area;
2. Decides to enhance the efforts being made to increase women’s participation and the role of women in furthering democratization and economic development, and to consider integrating the provisions of the OSCE Action Plan on Gender Issues where applicable into national policies. Fur- ther decides to enhance its efforts to achieve gender balance at all levels within the OSCE, taking full account also in this respect of the principle of recruiting staff from all participating States on a fair basis. Reiterates that the OSCE encourages female candidates to apply for OSCE positions;
3. Decides to follow up the work started at the OSCE Conference on Anti-Semitism, held in Vienna on 19 and 20 June 2003 and welcomes the offer by Germany to host a second OSCE conference on this subject in Berlin on 28 and 29 April 2004;
4. Decides to follow up the work started at the OSCE Conference on Racism, Xenophobia and Dis- crimination, held in Vienna on 4 and 5 September 2003 and welcomes the offer by Belgium to host a second OSCE conference on this subject in Brussels in autumn 2004;
5. Tasks the Permanent Council to further discuss, in addition to the two above-mentioned con- ferences, ways and means of increasing the efforts of the OSCE and the participating States for the promotion of tolerance and non-discrimination in all fields;
6. Encourages all participating States to collect and keep records on reliable information and statis- tics on hate crimes, including on forms of violent manifestations of racism, xenophobia, discrim- ination, and anti-Semitism, as discussed and recommended in the above-mentioned conferences. Recognizing the importance of legislation to combat hate crimes, participating States will inform the ODIHR about existing legislation regarding crimes fuelled by intolerance and discrimination, and, where appropriate, seek the ODIHR’s assistance in the drafting and review of such legislation;
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7. Tasks the ODIHR, in full co-operation, inter alia, with the United Nations Committee on the Elimination of Racial Discrimination (UNCERD), the European Commission against Racism and Intolerance (ECRI) and the European Monitoring Center on Racism and Xenophobia (EUMC), as well as relevant NGOs, with serving as a collection point for information and statistics collected by participating States, and with reporting regularly on these issues, including in the format of the Human Dimension Implementation Meeting, as a basis for deciding on priorities for future work. The ODIHR will, inter alia, promote best practices and disseminate lessons learned in the fight against intolerance and discrimination;
8. Recognizes the need to combat hate crimes, which can be fuelled by racist, xenophobic, and anti-Semitic propaganda on the internet. We welcome the offer by France to host in Paris in 2004 a forward-looking event, fully respecting the rights to freedom of information and expression, on the relationship between propaganda on the internet and hate crimes;
9. Affirms the importance of freedom of thought, conscience, religion or belief, and condemns all discrimination and violence, including against any religious group or individual believer. Commits to ensure and facilitate the freedom of the individual to profess and practice a religion or belief, alone or in community with others, where necessary through transparent and non-discriminatory laws, regulations, practices and policies. Encourages the participating States to seek the assistance of the ODIHR and its Panel of Experts on Freedom of Religion or Belief. Emphasizes the impor- tance of a continued and strengthened interfaith and intercultural dialogue to promote greater tolerance, respect and mutual understanding;
10. Ensures the advancement of the implementation of the OSCE commitments on national minori- ties, and recognizes the importance of the recommendations of the High Commissioner on National Minorities on education, public participation, and language, including on its use in broadcast media, and the relevant recommendations of the Representative on Freedom of the Media in this regard;
11. Undertakes to combat discrimination against migrant workers. Further undertakes to facili- tate the integration of migrant workers into the societies in which they are legally residing. Calls on the ODIHR to reinforce its activities in this respect;
12. Undertakes, in this context, to combat, subject to national legislation and international com- mitments, discrimination, where existing, against asylum seekers and refugees, and calls on the ODIHR to reinforce its activities in this respect;
13. Takes into account the UN Guiding Principles on Internal Displacement as a useful frame- work for the work of the OSCE and the endeavors of participating States in dealing with inter- nal displacement;
14. Decides that the OSCE in addressing the issues contained in this document will increase its efforts towards the younger generation in order to build up their understanding of the need for tolerance. Human rights education merits particular attention;
15. Decides to intensify the co-operation of the OSCE with relevant international organizations such as the United Nations, the Council of Europe and the European Union, as well as with civil society and relevant non-governmental organizations to promote tolerance and non-discrimination;
16. Tasks the Permanent Council, the ODIHR, the HCNM and the RFoM, in close cooperation with the Chairmanship-in-Office, with ensuring an effective follow-up to the relevant provisions
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of the present decision, and requests the Permanent Council to address the operational and fund- ing modalities for the implementation of this decision.
Decision No. 5/03
Elections
The Ministerial Council, Reaffirming the provisions of the Document of the Copenhagen Meet- ing of the Conference on the Human Dimension of the CSCE (1990),
Noting that relevant provisions of the Lisbon Summit Declaration (1996) and the Istanbul Sum- mit Declaration (1999) have supplemented those commitments,
Reaffirming its determination to implement these commitments,
Recalling Decision No. 7 adopted at the Tenth Meeting of the OSCE Ministerial Council in Porto in 2002,
Acknowledging that democratic elections can be conducted under a variety of different electoral systems and laws,
Recognizing the ODIHR’s expertise in assisting participating States in the implementation of elec- tion-related commitments and standards,
Welcoming the continuing efficient co-operation between the ODIHR and the OSCE Parliamen- tary Assembly in election monitoring,
Welcoming the document “Existing Commitments for Democratic Elections in OSCE Participat- ing States: A Progress Report” (ODIHR.GAL/39/03), which was prepared by the ODIHR and sub- mitted to the participating States in June of this year,
Recognizing in particular the need for confidence by the electorate in the entire process, for trans- parency of election procedures, and for accountability on the part of authorities conducting elections, calls upon participating States to further enhance their cooperation with the ODIHR in this field,
Tasks the ODIHR to consider ways to improve the effectiveness of its assistance to participating States in following up recommendations made in ODIHR election-observation reports and inform the Permanent Council on progress made in fulfilling this task;
Tasks the Permanent Council, drawing on expertise from the ODIHR, to consider the need for additional commitments on elections, supplementing existing ones, and report to the next Min- isterial Council.
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Decision No. 6/03
Terms of Reference for the OSCE Counter-Terrorism Network
The Ministerial Council,
Acknowledging the need to strengthen the co-ordination of counter-terrorism measures and infor- mation sharing between OSCE participating States and within their capitals,
Recalling Decision No. 1 (MC(10).DEC/1 of 7 December 2002) of the Tenth Meeting of the Minis- terial Council, on implementing the OSCE commitments and activities on combating terrorism,
Decides to establish the OSCE Counter-Terrorism Network (CTN) in accordance with the terms of reference for the Network contained in the annex to this decision.
Annex to Decision No. 6/03
OSCE Counter-Terrorism Network Terms Of Reference
The primary purpose of the OSCE Counter-Terrorism Network (CTN) is to promote the strength- ening of co-ordination of counter-terrorism measures and information-sharing between OSCE participating States. In particular, it aims to strengthen the liaison between the delegations of participating States, counter-terrorism officials in capitals and the OSCE Action against Terror- ism Unit (ATU).* The Network facilitates timely exchanges of information on counter-terrorism programmes, training and legal developments initiated by the OSCE and participating States, as well as on open-source analyses concerning trends in terrorist phenomena. The primary emphasis will be placed on supporting and supplementing the work of the United Nations Security Coun- cil Counter – Terrorism Committee in implementing Security Council resolution 1373. The CTN is not intended to be a conduit for intelligence or other sensitive information, nor does it seek to duplicate functions of other international and regional law-enforcement networks.
Responsibilities of the ATU
1. Inform participating States of bilateral as well as multilateral training opportunities related to counter-terrorism matters, and work with principal liaisons to take full advantage of such pro- grammes.
2. Co-ordinate and facilitate OSCE counter-terrorism activities, including capacitybuilding assis- tance programmes, training and contingency-preparedness workshops, with a view to effectively utilizing resources and averting duplication.
3. Respond to information and requests for action from principal liaisons in a timely manner.
* The United Nations Counter-Terrorism Committee (CTC) has supported the development of such regional net- works to strengthen co-operation and co-ordination. The Secretariat of the Inter-American Committee against Terrorism (CICTE), within the Organization of American States, has already developed a regional hemispheric network of national points of contact. The ATU is grateful for and acknowledges CICTE’s advice and assistance in developing the OSCE Counter-Terrorism Network.
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4. Ensure that, through the delegations, the principal liaisons are kept fully informed of develop- ments regarding significant counter-terrorism matters that affect the OSCE region, by means of regu- lar distribution by email of an ATU newsletter and of regular updates of the OSCE ATU home page.
5. Co-ordinate with the principal liaison, through the delegation concerned, when an OSCE ATU official travels to a participating State in connection with terrorism-related matters.
Responsibilities of principal liaisons
1. Ensure that communications from the ATU reach the appropriate government offices, and that responses to the ATU are forwarded in a timely manner.
2. Provide information to the ATU about significant national developments regarding action to combat terrorism, including new counter-terrorism legislation4, counter-terrorism training or assistance programmes and examples of national “best practices”.
3. Communicate information on seminars, workshops and conferences related to counter – ter- rorism concerns that participating States may host, and that are open to outside participation.
4. Serve as the principal co-ordinator for OSCE anti-terrorism seminars, workshops and confer- ences involving the principal liaison’s participating State.
5. Co-ordinate, prioritize and communicate, on behalf of the participating State concerned, train- ing and assistance needs and requests related to counter-terrorism matters that the OSCE might support or facilitate.
4 The OSCE ATU relies on official notifications of ratification through the web sites of the rele- vant depositories of anti-terrorism instruments for the most accurate information on ratification.
Means of communication and support
The ATU will, where possible and appropriate, use Internet-based technologies to communicate with principal liaisons and others on the CTN, with email being the most common tool. Principal liaisons are, however, encouraged to consult the OSCE and CTC web sites regularly. As needed, the ATU will recommend meetings of principal liaisons to participating States, subject to authoriza- tion by the Permanent Council and availability of funding, either on the margins of other annual OSCE meetings such as the Annual Security Review Conference, or as a separate event. One P-1 contracted position will be added to the ATU staff in 2004 to support the development and main- tenance of the CTN.
222 Document of the Twelfth Meeting of the Ministerial Council Sofia 2004
I. Sofia Ministerial Statement on Preventing and Combating Terrorism
1. We, the members of the Ministerial Council of the OSCE, having met together in Sofia, declare our resolute and unconditional condemnation of terrorist acts, in particular those committed in 2004 in Spain, Uzbekistan, Turkey and Russia, where in the city of Beslan terrorists brutally and callously killed innocent and defenceless children. We grieve the loss of hundreds of human lives and express our profound solidarity with victims of acts of terrorism and their families. These acts have vividly exposed terrorism’s inhuman nature. We express our solidarity with the States not participating in our Organization which were also attacked by terrorists.
Reiterating that terrorism constitutes one of the most serious threats to peace and security and considering that acts of terrorism seriously impair the enjoyment of human rights, we reaffirm our commitment to protect the enjoyment of human rights and fundamental freedoms, especially the right to life, of everyone within our jurisdiction against terrorist acts. We re-emphasize our determination to combat terrorism in all its forms and manifestations, as a crime that has no jus- tification, whatever its motivation or origin, and to conduct this fight with respect for the rule of law and in accordance with our obligations under international law, in particular international human rights, refugee and humanitarian law.
2. We underscore the leading role of the United Nations in the comprehensive fight against ter- rorism. We reaffirm obligations and commitments adopted by our States in the field of combating terrorism within the United Nations, including resolutions 1267 (1999), 1373 (2001), 1456 (2003), 1535 (2004), 1540 (2004) and 1566 (2004) of the United Nations Security Council, as well as res- olution 58/187 of the United Nations General Assembly, and we support the resolution 2004/87 of the United Nations Commission on Human Rights. We also reaffirm obligations and commit- ments adopted within other international organizations of which we are members.
We welcome the importance attributed by UN Security Council resolution 1566 (2004) to the role of relevant international, regional and subregional organizations in strengthening interna- tional co-operation in the fight against terrorism and the call for intensified interaction with the United Nations.
We underline our determination to support the important efforts of the UN Security Council Counter-Terrorism Committee and of its Executive Directorate. We commit to hold ourselves to the highest possible standards of implementation of the 12 United Nations conventions and proto- cols related to terrorism. We also renew our call for cooperation on an expedited basis in resolving all outstanding issues with a view to adopting by consensus the draft comprehensive convention on international terrorism and the draft international convention for the suppression of acts of nuclear terrorism.
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We remain committed to the anti-terrorism OSCE decisions, in particular the commitments con- tained in the Bucharest Plan of Action for Combating Terrorism, the OSCE Charter on Prevent- ing and Combating Terrorism and the OSCE Strategy to Address Threats to Security and Stability in the Twenty-First Century.
Our countries reaffirm their commitment to swift and full implementation of these decisions and arrangements throughout the OSCE area.
3. We welcome the OSCE’s efforts in the field of combating terrorism, including the decisions adopted in 2004, and support the work of the Action against Terrorism Unit of the OSCE Secretariat.
We are convinced that the package of practical decisions that we adopt and welcome today,* and their further implementation will increase the level of security and stability in the OSCE area. These decisions will help ensure implementation of our obligations under international law to pre- vent and combat terrorism.
4. We intend to step up OSCE activities and measures to prevent and combat terrorism and to address all the factors which engender conditions in which terrorist organizations are able to recruit and win support.
We reaffirm that the OSCE efforts to counter terrorist threats should be taken in all OSCE dimen- sions, the security dimension, including the politico-military area, the economic and environmen- tal dimension, and the human dimension. Based on the common, comprehensive and indivisible approach to security, our Organization could make further substantial contributions to global anti-terrorist efforts.
We are convinced that respect of human rights and fundamental freedoms is an important ele- ment of ensuring peace and stability and prevention of terrorism. We acknowl – edge that effective prevention of and fight against terrorism require the involvement of civil society in our countries.
We are determined to further strengthen our interaction at both bilateral and multilateral levels in various formats in order to forestall the threat of terrorism in the OSCE area and in the world. We will actively co-operate to find and bring to justice the perpetrators, organizers, supporters and sponsors of terrorist acts.
We also will continue to develop interaction and dialogue on the issues of preventing and combat- ing terrorism with the Mediterranean and Asian Partners for Co-operation.
II. Ministerial Declaration on the Sixtieth Anniversary of the End of World War II
The year 2005 marks the sixtieth anniversary of the end of the battles of World War II. We mourn the tens of millions of people who lost their lives, as victims of the war, the Holocaust, occupa- tions and acts of repression. We honour all those who fought for the victory of humanity against dictatorship, oppression and aggression. Time will not diminish the meaning of their sacrifice.
* Permanent Council Decision No. 617 on Further Measures to Suppress Terrorist Financing (1 July 2004). Per- manent Council Decision No. 618 on Solidarity with Victims of Terrorism (1 July 2004). Ministerial Decision on Combating the Use of the Internet for Terrorist Purposes. Ministerial Decision on Enhancing Container Security. Ministerial Decision on Reporting Lost/Stolen Passports to Interpol’s ASF-STD.
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We welcome the UN General Assembly resolution on the commemoration of the sixtieth anni- versary of the end of World War II.
Reflecting on our desire to prevent the recurrence of such a European and international catastro- phe, we hail the progress that has been made in the past sixty years in overcoming the tragic leg- acy of World War II, towards achieving global peace and security, reconciliation, international and regional co-operation and the promotion of democratic values, human rights and fundamen- tal freedoms, in particular through the United Nations and the establishment of regional organ- izations. We stress the important role that the CSCE and OSCE have played in this regard in the past three decades.
Recalling the Helsinki Final Act, the Charter of Paris for a New Europe, the Charter for Euro- pean Security, and other agreed OSCE documents we shall spare no effort to avoid the emergence of new dividing lines in the OSCE area, and to eliminate sources of hostility, tensions and con- frontation. We are determined to continue our collective efforts with a view of creating a common and indivisible space of security in the OSCE area, based on democracy, the rule of law, economic prosperity, social justice, and respect for human rights and fundamental freedoms, including the rights of persons belonging to national minorities.
We have learned from history the danger of intolerance, discrimination, extremism and hatred on ethnic, racial and religious grounds. We are committed to combat these threats, including through the OSCE, and we reject any attempts to justify them.
We strongly condemn any denial of the Holocaust. We condemn all forms of ethnic cleansing. We confirm our adherence to the UN Convention on the Prevention and Punishment of the Crime of Genocide adopted on 9 December 1948. We call on the participating States to take every possible action to ensure that attempts to commit genocide are prevented today and in the future. The per- petrators of such crimes should be brought to justice.
New times have brought new threats and challenges, one of the most dangerous of which is terror- ism. We will fight this threat together, by uniting our efforts and resources, and defending com- mon principles. We will work, inter alia, through the OSCE, to combat terrorism and other threats and challenges to security.
We are convinced that the peaceful resolution of all existing conflicts, the observance of the norms of international law, the aims and principles of the UN Charter, the fulfilment of commitments contained in the Helsinki Final Act and other agreed OSCE documents are the best way to pay tribute to those who struggled for peace, freedom, democracy and human dignity, to commemo- rate all victims of World War II, to overcome the past, and to save present and future generations from the scourge of war and violence.
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IV. Decisions of the Ministerial Council
Decision No. 3/04
Combating the Use of the Internet for Terrorist Purposes
The Ministerial Council,
Recognizing United Nations Security Council resolutions 1373 (2001) and 1566 (2004) as mile- stones of the international legal framework for the fight against terrorism, Determined to further intensify efforts in the implementation of existing OSCE commitments on combating terrorism, as reflected in the OSCE Charter on Preventing and Combating Terrorism, Porto Ministerial Council Decision No. 1 on implementing the OSCE commitments and activities on combating terrorism, the Bucharest Plan of Action for Combating Terrorism and the OSCE Strategy to Address Threats to Security and Stability in the Twenty-First Century,
Recalling the Council of Europe Convention on Cybercrime (November 2001), and other relevant works developed in this forum, as well as the results of the Council of Europe Conference on the Challenge of Cybercrime,
Recalling the OSCE Meeting on the Relationship Between Racist, Xenophobic and Anti – Semitic Propaganda on the Internet and Hate Crimes (Paris, 15 and 16 June 2004), Concerned by the extent of use of the Internet by terrorist organizations: • To identify and to recruit potential members, • To collect and transfer funds, • To organize terrorist acts, • To incite terrorist acts in particular through the use of propaganda,
Decides that participating States will exchange information on the use of the Internet for terrorist purposes and identify possible strategies to combat this threat, while ensuring respect for interna- tional human rights obligations and standards, including those concerning the rights to privacy and freedom of opinion and expression;
Tasks the Secretary General to organize in 2005, in co-operation with Interpol and other inter- ested international organizations, an expert workshop to exchange information on the extent of this threat, as well as on the existing legal framework and institutional tools, and to consider con- crete measures to enhance international co-operation on this issue.
Decision No. 11/04
Combating Corruption
The Ministerial Council,
Reiterating that corruption represents one of the major impediments to the prosperity and sus- tainable development of the participating States, that undermines their stability and security and threatens the OSCE’s shared values,
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Determined to further intensify efforts in the implementation of existing OSCE commitments on combating corruption, as reflected in the Charter for European Security adopted at the 1999 OSCE Istanbul Summit and the OSCE Strategy Document for the Economic and Environmental Dimension adopted in Maastricht in 2003,
Reaffirming its commitment to make the elimination of all forms of corruption a priority and to implement effective and resolute measures against corruption, including through the implemen- tation of relevant national legislation and programmes,
Recalling that the fight against corruption requires the adoption by the participating States of a comprehensive and long-term anti-corruption strategy,
Acknowledging the important work on this issue done by other international organizations, in particular by the United Nations Office on Drugs and Crime (UNODC), the Council of Europe (CoE) and the Organisation for Economic Co-operation and Development (OECD),
Recognizing that the United Nations Convention against Corruption, adopted by the General Assembly of the United Nations on 31 October 2003 in New York, marks a major step forward in international co-operation against corruption and provides the opportunity for a global response to the problem,
Encourages the OSCE participating States, which have not yet done so, to sign and ratify the United Nations Convention against Corruption as soon as possible, in order to ensure its rapid entry into force, and implement it fully.
Tasks the OSCE Secretariat, in particular the Office of the Co-ordinator of OSCE Economic and Environmental Activities (OCEEA), upon the request of the OSCE participating States, to pro- vide support in mobilizing technical assistance, including necessary expertise and resources, from relevant competent international organizations, with due regard to their respective mandates, in the ratification or/and the implementation of the United Nations Convention against Corruption.
Decision No. 12/04
Tolerance and Non-Discrimination
The Ministerial Council,
Recognizing that respect for human rights and fundamental freedoms, democracy and the rule of law are at the core of the OSCE comprehensive concept of security,
Recalling its commitments in the field of the human dimension, enshrined in the Helsinki Final Act, the Charter of Paris for a New Europe, the Charter for European Security (Istanbul Summit, 1999) and all other relevant OSCE documents and decisions,
Recalling Decision No. 4/03 on Tolerance and Non-Discrimination, adopted at the Eleventh Meet- ing of the Ministerial Council in Maastricht on 2 December 2003, Welcoming the work done by the OSCE during 2004 in promoting tolerance and nondiscrimination,
1. Appreciates the Declaration made by the OSCE Chairman-in-Office at the OSCE Conference on Anti-Semitism held in Berlin on 28 and 29 April 2004 – “Berlin Declaration” and the Declara- tion made by the OSCE Chairman-in-Office at the OSCE Conference on Tolerance and the Fight
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Against Racism, Xenophobia and Discrimination held in Brussels on 13 and 14 September 2004 – “Brussels Declaration”;
2. Endorses the Permanent Council Decisions on Combating Anti-Semitism (PC. DEC/607) and on Tolerance and the Fight against Racism, Xenophobia and Discrimination (PC.DEC/621) and the Permanent Council Decision on Promoting Tolerance and Media Freedom on the Internet (PC.DEC/633), annexed to this decision;
3. Further decides to intensify efforts for the implementation of these three decisions, which include commitments in the fields of, inter alia, education, media, legislation, law enforcement, migration and religious freedom;
4. Decides to follow up the work started in 2003 and continued with the OSCE Conference on Anti-Semitism, (Berlin on 28 and 29 April 2004), the OSCE Meeting on the Relationship Between Racist, Xenophobic and anti-Semitic Propaganda on the Internet and Hate Crimes, held in Paris on 16 and 17 June 2004, and the OSCE Conference on Tolerance and the Fight against Racism, Xenophobia and Discrimination, (Brussels on 13 and 14 September 2004). Also welcomes the offer by Spain to host in Cordoba in June 2005 the OSCE Conference on anti – Semitism and on Other Forms of Intolerance;
5. Welcomes the intention of the Chairman-in-Office to appoint, in accordance with Porto Min- isterial Council Decision No. 8, three personal representatives as part of the overall fight of the OSCE in combating discrimination and promoting tolerance. The personal representatives will have their costs covered by extra-budgetary contributions
Annex to Decision No. 12/04 Permanent Council Decision No. 607
Combating Anti-Semitism
(PC.DEC/607 of 22 April 2004)
The Permanent Council,
Taking into account the forthcoming OSCE Conference on Anti-Semitism in Berlin on 28 and 29 April 2004,
Reaffirming the participating States’ existing commitments related to combating anti – Semi- tism, and
In order to reinforce our common efforts to combat anti-Semitism across the OSCE region,
Decides,
1. The participating States commit to: • Strive to ensure that their legal systems foster a safe environment free from anti – Semitic har- assment, violence or discrimination in all fields of life; • Promote, as appropriate, educational programmes for combating anti-Semitism;
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• Promote remembrance of and, as appropriate, education about the tragedy of the Holocaust, and the importance of respect for all ethnic and religious groups; • Combat hate crimes, which can be fuelled by racist, xenophobic and anti-Semitic propaganda in the media and on the Internet; • Encourage and support international organization and NGO efforts in these areas; • Collect and maintain reliable information and statistics about anti-Semitic crimes, and other hate crimes, committed within their territory, report such information periodically to the OSCE Office for Democratic Institutions and Human Rights (ODIHR), and make this information available to the public; • Endeavour to provide the ODIHR with the appropriate resources to accomplish the tasks agreed upon in the Maastricht Ministerial Decision on Tolerance and Non-Discrimination; • Work with the OSCE Parliamentary Assembly to determine appropriate ways to review period- ically the problem of anti-Semitism; • Encourage development of informal exchanges among experts in appropriate fora on best prac- tices and experiences in law enforcement and education;
2. To task the ODIHR to: • Follow closely, in full co-operation with other OSCE institutions as well as the United Nations Committee on the Elimination of Racial Discrimination (UNCERD), the European Commis- sion against Racism and Intolerance (ECRI), the European Monitoring Centre on Racism and Xenophobia (EUMC) and other relevant international institutions and NGOs, anti-Semitic inci- dents in the OSCE area making use of all reliable information available; • Report its findings to the Permanent Council and to the Human Dimension Implementation Meeting and make these findings public. These reports should also be taken into account in deciding on priorities for the work of the OSCE in the area of intolerance; • Systematically collect and disseminate information throughout the OSCE area on best practices for preventing and responding to anti-Semitism and, if requested, offer advice to participating States in their efforts to fight anti-Semitism;
3. To ask the Chairman-in-Office to bring this decision to the attention of the participants of the upcoming Conference in Berlin and to incorporate it into his declaration concluding the Conference;
4. To forward this decision to the Ministerial Council for endorsement at its Twelfth Meeting.
Annex to Decision No. 12/04 Permanent Council Decision No. 621
Tolerance and the Fight against Racism, Xenophobia and Discrimination
(PC.DEC/621 of 29 July 2004)
The Permanent Council,
Taking into account the forthcoming OSCE Conference on Tolerance and the Fight against Racism, Xenophobia and Discrimination in Brussels on 13 and 14 September 2004, Recalling the Maastricht Ministerial Council Decision on Tolerance and Non – Discrimination (MC.DEC/4/03), the OSCE Conference on anti-Semitism in Berlin on 28 and 29 April 2004 as well as the OSCE Meeting on
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the Relationship between Racist, Xenophobic and anti-Semitic Propaganda on the Internet and Hate Crimes in Paris on 16 and 17 June 2004 and their results,
Reaffirming the participating States’ existing commitments related to the promotion of tolerance and non-discrimination, and
In order to reinforce our common efforts to fight manifestations of intolerance across the OSCE region,
Decides,
1. The participating States commit to: • Consider enacting or strengthening, where appropriate, legislation that prohibits discrimination based on, or incitement to hate crimes motivated by, race, colour, sex, language, religion, polit- ical or other opinion, national or social origin, property, birth or other status; • Promote and enhance, as appropriate, educational programmes for fostering tolerance and com- bating racism, xenophobia and discrimination; • Promote and facilitate open and transparent interfaith and intercultural dialogue and partnerships towards tolerance, respect and mutual understanding and ensure and facilitate the freedom of the individual to profess and practice a religion or belief, alone or in community with others, including through transparent and non-discriminatory laws, regulations, practices and policies; • Take steps to combat acts of discrimination and violence against Muslims in the OSCE area; • Take steps, in conformity with their domestic law and international obligations, against discrim- ination, intolerance and xenophobia against migrants and migrant workers; • Consider undertaking activities to raise public awareness of the enriching contribution of migrants and migrant workers to society; • Combat hate crimes, which can be fuelled by racist, xenophobic and anti-Semitic propaganda in the media and on the Internet, and appropriately denounce such crimes publicly when they occur; • Consider establishing training programmes for law enforcement and judicial officials on legis- lation and enforcement of legislation relating to hate crimes; • Encourage the promotion of tolerance, dialogue, respect and mutual understanding through the Media, including the Internet; • Encourage and support international organization and NGO efforts in these areas; • Collect and maintain reliable information and statistics about hate crimes motivated by racism, xenophobia and related discrimination and intolerance, committed within their territory, report such information periodically to the OSCE Office for Demo296 cratic Institutions and Human Rights (ODIHR) and make this information available to the public; • Examine the possibility of establishing within countries appropriate bodies to promote toler- ance and to combat racism, xenophobia, discrimination or related intolerance, including against Muslims, and anti-Semitism; • Endeavour to provide the ODIHR with the appropriate resources to accomplish the tasks agreed upon in the Maastricht Ministerial Decision on Tolerance and Non-Discrimination; • Work with the OSCE Parliamentary Assembly to determine appropriate ways to review period- ically the problems of racism, xenophobia and discrimination; • Encourage development of informal exchanges among experts in appropriate fora on best prac- tices and experiences in law enforcement and education;
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2. To task the ODIHR to: • Follow closely, in full co-operation with other OSCE institutions as well as the United Nations Committee on the Elimination of Racial Discrimination (UNCERD), the United Nations Office of the High Commissioner for Human Rights (UNHCHR), the European Commission against Racism and Intolerance (ECRI), the European Monitoring Centre on Racism and Xenophobia (EUMC) and other relevant international institutions and NGOs, incidents motivated by rac- ism, xenophobia, or related intolerance, including against Muslims, and anti-Semitism in the OSCE area making use of all reliable information available; • Report its findings to the Permanent Council and to the Human Dimension Implementation Meeting and make these findings public. These reports should also be taken into account in deciding on priorities for the work of the OSCE in the area of intolerance; • Systematically collect and disseminate information throughout the OSCE area on best practices for preventing and responding to racism, xenophobia and discrimination and, if requested, offer advice to participating States in their efforts to fight racism, xenophobia and discrimination; • Support the ability of civil society and the development of partnerships to address racism, xen- ophobia, discrimination or related intolerance, including against Muslims, and anti-Semitism;
3. To ask the Chairman-in-Office to bring this decision to the attention of the participants of the upcoming Conference in Brussels and to incorporate it into his declaration concluding the Con- ference;
4. To forward this decision to the Ministerial Council for endorsement at its Twelfth Meeting.
Annex to Decision No. 12/04 Permanent Council Decision No. 633
Promoting Tolerance and Media Freedom on the Internet
(PC.DEC/633 of 11 November 2004)
The Permanent Council,
Reaffirming the commitments made at the Ministerial Council Meeting in Maastricht to combat hate crimes, which can be fuelled by racist, xenophobic and anti-Semitic propaganda on the Internet,
Reaffirming the importance of fully respecting the right to the freedoms of opinion and expression, which include the freedom to seek, receive and impart information, which are vital to democracy and in fact are strengthened by the Internet,
Recalling the commitments to collect and maintain reliable information and statistics about hate crimes motivated by racism, xenophobia, anti-Semitism and related discrimination and intoler- ance, to report such information periodically to the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and to make this information available to the public, as contained in the Permanent Council Decisions on Combating Anti-Semitism (PC.DEC/607) and on Tolerance and the Fight against Racism, Xenophobia and Discrimination (PC.DEC/621),
Stressing the importance of promoting tolerance, mutual respect, dialogue and understanding, including through the Media and the Internet within strategies based on a variety of measures,
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Decides that:
1. Participating States should take action to ensure that the Internet remains an open and public forum for freedom of opinion and expression, as enshrined in the Universal Declaration of Human Rights, and to foster access to the Internet both in homes and in schools;
2. Participating States should investigate and, where applicable, fully prosecute violence and crim- inal threats of violence, motivated by racist, xenophobic, anti-Semitic or other related bias on the Internet;
3. Participating States should train law enforcement agents and prosecutors on how to address crimes motivated by racist, xenophobic, anti-Semitic or other related bias on the Internet and should share information on successful training programmes as part of the exchange of best practices;
4. The OSCE Representative on Freedom of the Media will continue an active role in promoting both freedom of expression and access to the Internet and will continue to observe relevant devel- opments in all the participating States. The Representative will advocate and promote OSCE prin- ciples and commitments. This will include early warning when laws or other measures prohibiting speech motivated by racist, xenophobic, anti-Semitic or other related bias are enforced in a dis- criminatory or selective manner for political purposes which can lead to impeding the expression of alternative opinions and views;
5. Participating States should study the effectiveness of laws and other measures regulating Inter- net content, specifically with regard to their effect on the rate of racist, xenophobic and anti-Se- mitic crimes;
6. Participating States should encourage and support analytically rigorous studies on the possible relationship between racist, xenophobic and anti-Semitic speech on the Internet and the commis- sion of crimes motivated by racist, xenophobic, anti-Semitic or other related bias;
7. The OSCE will foster exchanges directed toward identifying effective approaches for addressing the issue of racist, xenophobic and anti-Semitic propaganda on the Internet that do not endanger the freedom of information and expression. The OSCE will create opportunities, including dur- ing the annual Human Dimension Implementation Meeting, to promote sharing of best practices;
8. Participating States should encourage the establishment of programmes to educate children and youth about expression motivated by racist, xenophobic, anti-Semitic or other related bias they may encounter on the Internet. Also, as appropriate, participating States and Internet service pro- viders should take steps to increase parental awareness of widely available filtering software that enables parents to exercise greater supervision and control over their children’s use of the Inter- net. Materials on successful educational programmes and filtering software should be widely dis- seminated as part of the exchange of best practices;
9. Participating States should welcome continued and increased efforts by NGOs to monitor the Internet for racist, xenophobic and anti-Semitic content, as well as NGOs’ efforts to share and publicize their findings.
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Decision No. 13/04
The Special Needs for Child Victims of Trafficking for Protection and Assistance
The Ministerial Council,
Reaffirming the strong commitments of participating States in the field of combating trafficking in human beings, in particular the 2000 Vienna Ministerial Council Decision No. 1, the 2002 Porto Ministerial Declaration on Trafficking in Human Beings and the 2003 Maastricht Ministerial Deci- sion No. 2/03 which endorses the OSCE Action Plan to Combat Trafficking in Human Beings, and establishes, under the aegis of the Permanent Council, an OSCE mechanism to provide assistance to participating States to combat trafficking in human beings, consisting of a Special Representa- tive appointed by the Chairman-in Office, and a special unit in the Secretariat,
Recalling the 1990 Conference on the Human Dimension of the CSCE in Copenhagen, which inter alia declared that: “The participating States decide to accord particular attention to the recogni- tion of the rights of the child, his civil rights and his individual freedoms, his economic, social and cultural rights, and his right to special protection against all forms of violence and exploitation”,
Recalling the principles of protection and respect for human rights as reflected in the 1989 United Nations Convention on the Rights of the Child, and its related 2000 Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, the 2000 United Nations Protocol to Pre- vent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against Trans- national Organized Crime, as well as the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption,
Mindful of the primary responsibility of participating States in combating trafficking based on an integrated and co-ordinated approach which includes prevention of trafficking, protection of vic- tims and prosecution of traffickers and their accomplices,
Reaffirming that the general principles of, inter alia, the best interests of the child, nondiscrim- ination, participation and survival and development provide the framework for all actions con- cerning children,
Dedicated to further strengthening the efforts by the OSCE to combat trafficking in human beings, and to continue an active implementation of the Action Plan to Combat Trafficking in Human Beings, as well as to continue the Organization’s support to the participating States, on their request, in carrying out their respective national activities in this field,
Taking into account in particular the recommendations in the OSCE Action Plan to Combat Traf- ficking in Human Beings that the OSCE shall give special attention to the issue of trafficking in children, and also recognizing the vulnerability of unaccompanied and separated children,
Mindful that participating States are committed to protect children from all forms of violence, including sexual exploitation of children, and stressing the importance of respecting their special needs for protection and assistance, and the opportunity for the child to be heard,
Stressing that measures to combat trafficking in children should have a gender perspective and be non-discriminatory,
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Underlining that the best interests of the child shall be the primary consideration in decisions taken with regard to trafficked children, including through ensuring representation, as appropri- ate, for child victims,
Aware of the need for an effective child assistance and protection framework as well as aware- ness-raising to counter the demand that fosters all forms of exploitation of persons, especially women and children, and which makes children more vulnerable to being trafficked,
1. Decides to enhance OSCE efforts aimed at preventing children from being trafficked, protect- ing and assisting child victims of trafficking, and prosecuting those who traffic in children, taking into account the OSCE Action Plan to Combat Trafficking in Human Beings;
2. Encourages participating States to strengthen relevant governmental structures for children. Also encourages participating States to intensify actions, as appropriate, in line with the relevant recommendations for participating States in the OSCE Action Plan on Combating Trafficking in Human Beings to counter factors which contribute to making children particularly vulnerable to trafficking in human beings including: discrimination, based, inter alia, on race, sex, religion or belief, national or social origin, birth or other status; exploitation, as defined in the OSCE Action Plan on Combating Trafficking in Human Beings; poverty; lack of education and displacement;
3. Agrees to strengthen countering demand, including combating child sex tourism. In this con- text, also invites the participating States to consider, inter alia, elaboration of legal measures aimed at prosecution of their citizens for the sexual exploitation of children, including if such exploita- tion has taken place in another country;
4. Task the Permanent Council through the Informal Working Group on Gender Equality and anti-Trafficking, with support provided, inter alia, by the Special Representative on Combating Trafficking in Human Beings, and other relevant OSCE structures to elaborate an addendum to the OSCE Action Plan to Combat Trafficking in Human Beings, contributing to its implementa- tion, on addressing the special needs of child victims of trafficking for protection and assistance, including a summary of best practices, by 31 July for further appropriate action;
5. Invites the Informal Working Group to start this work based on commitments made by par- ticipating States under existing international conventions to which they are Parties, in order to address appropriately the need to provide special protection measures for children, taking into account the best interests and welfare of the child.
Decision No. 14/04
2004 OSCE Action Plan for the Promotion of Gender Equality
The Ministerial Council,
Recalling that at the OSCE Istanbul Summit in 1999, the Heads of State or Government declared that “The full and equal exercise by women of their human rights is essential to achieve a more peaceful, prosperous and democratic OSCE area. We are committed to making equality between men and women an integral part of our policies, both at the level of our States and within the Organization,”*
* Charter for European Security, paragraph 23.
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Recalling the 2000 Action Plan for Gender Issues* which was established “in order to ensure that the OSCE commitments concerning equality in rights and equality of opportunity for women and men are taken into account by participating States and in the practical work of OSCE insti- tutions and field mission,”
Recognizing that equal rights of women and men and the protection of their human rights are essential to peace, sustainable democracy, economic development and therefore to security and stability in the OSCE region,
Recalling the Beijing Platform for Action adopted by the Fourth World Conference on Women and the outcomes of the twenty-third special session of the General Assembly in 2000, entitled “Women 2000: gender equality, development and peace for the twentyfirst century”,
Recalling UN Security Council resolution 1325 (2000)†, which calls for full and equal participation of women in decision making with regard to conflict prevention as well as in post-conflict recon- struction, and stressing the importance of their full and equal participation and involvement in all efforts for the maintenance and promotion of peace and security,
Mindful of the need to appropriately reflect a gender perspective in the activities conducted under the auspices of the OSCE, and for participating States to take all necessary measures to encour- age gender awareness raising and to promote equality in rights and full and equal participation of women and men in society, the aim being to promote the practice of gender equality and gen- der-mainstreaming‡ in the OSCE area, which is essential to comprehensive security,
Stressing the need for the OSCE to develop further and strengthen a continuous and sustainable gender-mainstreaming process, to promote a gender-sensitive and professional working environ- ment and management culture, and efforts towards gender balance in staffing in particular on a professional level, in accordance with the OSCE Staff Regulations,
Decides to endorse the 2004 Action Plan for the Promotion of Gender Equality adopted by the Permanent Council in its Decision No. 638 on 2 December 2004, and annexed to this Decision.
Annex to Decision No. 14/04
2004 OSCE Action Plan for the Promotion of Gender Equality
“The peace and welfare of the world require maximum participation of women on equal terms with men in all fields.”§
1. Respect for human rights and fundamental freedoms, democracy, and the rule of law is at the core of the OSCE’s comprehensive concept of security. The Charter for European Security adopted
* PC.DEC/353 of 1 June 2000. † Adopted by the Security Council at its 4213th meeting, on 31 October 2000. ‡ “Mainstreaming a gender perspective is the process of assessing the implications for women and men of any planned action, including legislation, policies or programmes, in all areas and at all levels. It is a strategy for making women’s as well as men’s concerns and experiences an integral dimension of the design, implementa- tion, monitoring and evaluation of policies and programmes in all political, economic and societal spheres so that women and men benefit equally and inequality is not perpetuated. The ultimate goal is to achieve gender equality.” See Official Records of the General Assembly, Fifty-Second Session, Supplement No. 3 (A/52/3/Rev.1), chapter IV, paragraph 4. § United Nations General Assembly resolution 34/180 of 18 December 1979 (CEDAW).
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at the OSCE Istanbul Summit declares that: “The full and equal exercise by women of their human rights is essential to achieve a more peaceful, prosperous and democratic OSCE area. We are com- mitted to making equality between men and women an integral part of our policies, both at the level of our States and within the Organization.”
2. As a regional arrangement under Chapter VIII of the Charter of the United Nations, the OSCE is a key instrument for early warning, conflict prevention, crisis management and post-conflict rehabilitation in its region. In the OSCE area, it has become increasingly evident that security, democracy, and prosperity are closely linked. Economic liberty, social justice, and environmental responsibility are indispensable for prosperity. For the Organization to carry out its tasks and achieve its goals it is crucial that, in cooperation with participating States, it invests in its human capital.
3. Effective gender-mainstreaming with the goal of achieving gender equality, is important if full use is to be made of the human capital in the OSCE area. Gender equality contributes to compre- hensive security, which is a goal of OSCE activities in all three dimensions. Gender-mainstream- ing is a way of contributing to attaining this goal. The gender perspective should therefore be taken into account in the Organization’s activities, projects and programmes, in order for the Organiza- tion to achieve gender equality within its own operations as well as in the participating States. It is the joint responsibility of the participating States, the Chairman-in-Office, the Secretary Gen- eral, and the Heads of institutions and missions to promote equality between women and men as an integral element of policies and practices of the OSCE. In this effort it shall be borne in mind that if gender equality is to become a reality in any area and at any level of society, both men and women will benefit from such a change.
I. General Context
Status of implementation of the 2000 Action Plan
4. The 2000 OSCE Action Plan for Gender Issues* called for increased efforts to achieve equal treatment of women and men within the Organization in all areas, including personnel recruit- ment, and the inclusion of a gender perspective in the activities of the Organization. It succeeded in raising awareness of the need to promote gender equality within the OSCE through the activ- ities by the Secretariat, institutions and field operations, and by participating States. There are nevertheless shortcomings in the implementation of the 2000 Action Plan, especially in the fields of training, management, and recruitment, and in the overall practice of gender-mainstreaming throughout the OSCE as well as within participating States.
5. The 2000 Gender Action Plan stipulated that opportunities for women in the OSCE should be enhanced and a professional working environment should be promoted. The Chairman-in-Of- fice, participating States and the Secretariat were asked to take positive action to promote and appoint women candidates in the OSCE’s institutions and also in the field activities, and all par- ticipating States were called upon to make substantial efforts to nominate women, particularly at management level.
Representation of women in the OSCE continues, however, to be low, in particular at senior and pol- icy-making levels, and has in fact decreased in recent years. There is a continuing lack of representa- tion or under-representation of women from certain countries, in particular from participating
* Decision No. 353 by the Permanent Council on 1 June 2000 (PC.DEC/353).
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States with economies in transition. Statistics indicate that women candidates may have less chance of being employed by the Organization than men.*
The biannual statistics and annual reports issued by the Secretary General on the implementation of the 2000 Action Plan for Gender Issues have not been addressed by the Permanent Council, and the implementation of the 2000 Action Plan has not been adequately monitored.
6. Another priority set in the 2000 Gender Action Plan was that all new mission staff should receive training on gender issues, and that OSCE institutions were to incorporate a gender perspective in their staff training. General training on gender awareness has been implemented and efforts have been made to provide for a professional working environment. Since 2000, every mission has nom- inated a mediator and annual train – ing has been organized for these persons by the Secretariat. Nevertheless, training and sensitization of managers on gender issues, and on the responsibili- ties of all staff within their tasks and subject areas in this regard, has not produced the expected results, nor has the goal of a professional environment yet been attained.
7. The 2000 Gender Action Plan furthermore stipulated that a comprehensive framework would be established for gender-mainstreaming projects, and that data and research materials on gender issues would be analysed and used in the design of new programmes. This process has not been developed with due continuity. Moreover, gender advisers and focal points have not been suffi- ciently involved in the development of new policies and programmes.
8. Gender-mainstreaming requires consistent, systematic, attention to gender perspectives in the activities of the Organization based on a cross-dimensional approach, and also adequate monitor- ing and review mechanisms. A new and strengthened Action Plan is called for, setting out goals and clearly assigned accountabilities, in order to reinforce the dedicated efforts of participating States to implement their commitments.
II. Goals and Objectives
9. The 2004 Action Plan for the Promotion of Gender Equality aims to set out the priorities of the OSCE in promoting gender equality, in the Organization and in all participating States, and to ensure the monitoring of its implementation. In order to achieve these goals, the plan will address the activities, policies, projects and programmes of the Organization concerning gender-main- streaming, as well as assistance by the OSCE to participating States in promoting gender equal- ity. Such assistance could be directed at the implementation of international commitments in the gender area, as well as the development of national programmes and policies.
10. The following objectives will be given priority:
(a) Within the OSCE:
* Gender-Disaggregated Statistics of the OSCE Secretariat, institutions and missions, SEC.GAL/208/03, 21 Novem- ber 2003. Concerning post-table posts, women make up 44 per cent of the general service level staff, on the pro- fessional level the overall representation is 25 per cent and has in fact decreased over the last years. Of all the candidates who applied for fixed-term posts in the period of January 2003 to September 2003 (9,566) 69 per cent were men and 31 per cent women; in the same period, however, of all selected candidates (50) 72 per cent were men and only 28 per cent were women. For the 34 vacancies issued for P-posts, women constituted 33 per cent of applicants, 23 per cent of interviewed candidates and 12 per cent of selected candidates. Of all nomi- nated candidates for secondment in the first six months of 2003 (2,135), 30 per cent (641) were women and 70 per cent (1,494) were men. However, only 10 per cent (62) of these women were deployed to Missions, while 18 per cent (272) of the nominated men were accepted and deployed.
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• Providing specific training programmes for OSCE staff on gender awareness and sensitization to gender equality in their daily work, and programmes to strengthen efforts to ensure consistent gender-mainstreaming in policies and programmes, as well as review and assessment mechanisms; • Promoting a professional and gender-sensitive management culture and working environment; • Applying strengthened and innovative recruitment strategies in the OSCE to promote equal opportunities for all, and to ensure that well-qualified women are identified and attracted, in conformity with the Staff Regulations, reference PC.DEC/550/Corr.1 of 27 June 2003, the aim being to increase the number of women working in the OSCE at senior levels; • Encouraging participating States to submit more female candidates for positions in the OSCE, in particular at senior and policy-making levels, the aim being to achieve a continuous improve- ment in the ratio between men and women at all levels; • Achieving the effective gender-mainstreaming of OSCE activities and policies, as well as of the activities and policies of participating States.
(b) To assist the participating States in: • Defining priority areas for OSCE structures to assist OSCE States in implementing their respec- tive commitments; • Outlining some best practices for the promotion of the equality of women and men in partic- ipating States; • Highlighting and promoting the role of women in conflict prevention and peace reconstruc- tion processes; • Providing a framework structure to ensure that gender issues, including the implementation of this Action Plan, are regularly discussed and reviewed.
III. Promoting Gender Equality in the OSCE
(A) Gender-mainstreaming the structures and working environment, and gender mainstreaming in recruitment
Training
11. In order to achieve the objectives outlined in this Action Plan, the OSCE shall expand existing training opportunities and institute new training programmes in accordance with the OSCE train- ing strategy for 2005–2007* and the OSCE Action Plan to Combat Trafficking in Human Beings.† In this context, the General Orientation Programme at the Secretariat, the Human Dimension Induction Course at the ODIHR and additional induction courses or workshops in the field shall contain two specifically tailored modules, as appropriate: • The first module shall deal with the training of all OSCE officials in gender awareness and main- streaming a gender perspective in their everyday work. This module, appropriately tailored to each staff category in order to meet their specific needs, shall explain the principle of gender equality, the tools that exist to achieve this goal, and the reasons why it is important for the
* SEC.GAL/118/04/Rev.5, 27 July 2004. † MC.DEC/2/03 Annex, p.12, Awareness-raising. 8.4.: “The OSCE Training Co-ordinator, the Senior Adviser on Gender Issues and the Senior Security Co-ordinator will continue to use the induction course to develop and implement staff training on gender issues, trafficking in human beings and on relevant regulations and guide- lines, in co-operation with the ODIHR, and to organize special workshops in the field. Heads of field opera- tions will ensure that attendance at such training courses will be compulsory for all staff.”
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Organization to mainstream a gender perspective in its activities. The module shall be action-ori- ented and interactive and include information regarding tasks and responsibilities described in this Action Plan as well as in relevant provisions, in particular those regarding accountability of all staff. All categories of staff shall be included in such training. Training can also be provided in the field if necessary, to ensure that locally-hired staff are able to attend.
(a) Specific modules on combating domestic violence and trafficking in human beings will be included in training programmes, in particular those designed for police and border monitors.
(b) Heads of institutions and missions and Directors, shall exercise leadership in facilitating staff training, to ensure equal opportunities for both women and men to participate. They will also receive information on OSCE policies concerning gender issues, in particular complaint procedures. • The second module shall address the gender-mainstreaming of OSCE programmes, projects, and technical co-operation activities in order to ensure consistent integration of a gender equality perspective. This means reviewing and enacting policies and measures specifically for the pur- pose of achieving equality by actively taking gender perspectives into account at the planning, reporting, implementation and evaluation
12. Review and assessment provisions shall be included in all training programmes in order to measure their effectiveness at regular intervals.
13. The OSCE Training Co-ordinator is tasked to design and implement the staff training dimension of this action plan in close co-operation with gender units and gender focal points in the Organ- ization and supported by the network of focal points responsible for training.
Management
14. The Secretary General, and Heads of institutions and missions shall exercise strong and active leadership in building sustainable gender awareness in the Organization and shall intensify their efforts towards achieving a gender-sensitive and professional working environment and manage- ment culture. Such a working environment shall also be promoted by all OSCE officials, in par- ticular by staff in a supervisory role. When management positions are being filled, importance should be attached to finding people who demonstrate gender-sensitive attitudes and under- standing of the importance of an inclusive corporate culture. The Director for the Department of Human Resources shall be responsible for reviewing and if necessary strengthening the policy of the OSCE against harassment, including sexual harassment. He/she will disseminate information and raise staff awareness of the problem of harassment in working life and of the measures avail- able to combat and prevent it, and will encourage victims to come forward with their complaints.
15. Performance appraisals of managers will include an evaluation of their sensitivity to gen- der equality. For this purpose a gender-equality scoreboard, containing details of measures that can be compared across all services, shall be developed by the Department of Human Resources.
16. The OSCE’s organizational regulations, rules, directives, and instructions shall be reviewed by participating States and/or the Secretariat, to incorporate gender-mainstreaming aspects, when called for.
17. Heads of institutions, heads of missions and directors in the Secretariat will chair regular meetings with staff to review the integration of and consideration to be paid to gender aspects in the work of their respective structure and to encourage all staff to gender-mainstream their work.
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18. The Secretariat and ODIHR will continue to engage in the active exchange of information on gender-sensitive management policies with relevant international, intergovernmental and regional organizations. In particular the Secretariat will intensify interaction with the OSCE Parliamen- tary Assembly on gender equality. The Secretariat, institutions and missions will make this Action Plan visible.
Recruitment
19. Recruitment in the OSCE shall be based on a transparent process, subject to open competi- tion among nationals of participating States, thereby securing the highest standards of efficiency, competence and integrity.
20. On recruitment, Regulation 3.01 of the OSCE Staff Regulations shall be fully implemented, including the principle of recruiting staff from all OSCE Participating States on a fair basis.
21. Participating States are encouraged to submit more women candidates for positions in the OSCE, in particular in higher-level positions where women are underrepresented; measures to this end shall include the identification of additional national recruitment sources, and the establish- ment of networks with professional organizations that will assist in seeking suitable candidates. More nationals of participating States, notably women from participating States with economies in transition, should be made aware of the OSCE vacancies and encouraged to make applications.
22. Participating States are to be encouraged to develop rosters of potential women candidates with a special emphasis on fields of expertise in which women are underrepresented.
23. The Chairman-in-Office and the Secretariat will be proactive in promoting the nomination of women candidates, in particular in higher-level positions, taking into account the OSCE Staff Regulations.
24. The Secretariat shall strengthen the wording of the statement in its vacancy notices encour- aging women to apply.
25. The Secretariat will furthermore enhance its human resource planning in order to inform par- ticipating States as early as possible of upcoming vacancies, in order for them to be given sufficient time to search for and present qualified female candidates.
26. The Chairman-in-Office, the Secretary General, heads of institutions, and heads of missions shall seek to improve the ratio of men and women at all levels on a continuous basis. This, includ- ing the statistics on women candidates selected, will be reviewed in the annual evaluation report on gender issues in the OSCE to be presented by the Secretary General in accordance with para- graph 47 below.
27. The Department of Human Resources shall conduct regular gender-mainstreamed reviews of recruitment procedures and job specifications, in order to identify possible prejudices and obsta- cles against female applicants, and if necessary revise the procedures as appropriate.
28. The Department of Human Resources will seek to ensure that in recruitment for management posts, applicants of both sexes are invited for interview where possible, and that a gender-balanced shortlist is drawn up as appropriate. The shortlist of candidates invited for interview should con- tain information about the number of men and women who actually applied for the job.
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29. Interview panels should, where possible, be gender-balanced.
30. The Department of Human Resources in the Secretariat will convene an annual coordination meeting with delegations and training/recruitment experts from capitals, to share information on profiles and skills in demand, and best practice on pre-mission training. These meetings will also discuss efforts to achieve gender balance in recruitment.
31. The Secretariat shall continue to prepare annual statistics showing the current distribution of women and men by category of posts at each level. These statistics will include institutions and missions as well as each Department and Unit in the Secretariat, and will be annexed to the Sec- retary General’s annual evaluation report on gender issues referred to in paragraph 47 below.
(B) Mainstreaming a gender perspective into OSCE activities, policies, programmes and projects.
32. Participating States, the Secretariat, institutions and missions shall ensure that a gender per- spective is integrated into OSCE activities, programmes and projects. The aim shall be to promote the practice of gender equality in the OSCE area, which is essential to comprehensive security; they shall focus in particular on women’s empowerment and the participation of women as well as men in public, political and economic life in the context of democratic and economic processes in par- ticipating States. The gender-mainstreaming process shall also aim at overcoming negative stere- otypes and at changing perceptions, as well as developing attitudes conducive to bringing about equality between women and men in all participating States.
33. Gender advisers in the Secretariat, institutions, and field operations shall be involved at an early stage when new directives, rules and regulations are being developed. In their regular reports to the Permanent Council, missions and institutions shall inform the Council on progress in their gender-mainstreaming efforts where appropriate, and also on problems, when they arise.
34. The Conflict Prevention Centre (CPC), and in particular the Project Co-ordinating Cell (PCC) will assist in ensuring that gender-equity analyses are made of new projects being developed by missions, institutions, and units in the Secretariat, and of existing projects when they are being evaluated.
35. The Secretariat and the institutions, when developing projects and programmes for partici- pating States which are not hosting OSCE missions, shall take a gender perspective into account.
36. Gender-mainstreaming of OSCE activities, policies, projects and programmes in the politi- co-military dimension shall also take into account obligations embodied in Security Council res- olution 1325 calling for increased participation of women in, inter alia, conflict prevention and post-conflict reconstruction processes.
37. The participating States, assisted by the Chairmanship, the Secretary General and heads of institutions, shall ensure that the planning of OSCE conferences and seminars across all three dimensions will take the gender aspect into account and, as appropriate, include related topics.
38. Institutions and missions working on gender issues should, in order to make tangible pro- gress on gender-mainstreaming in OSCE activities, projects and programmes, develop concrete follow-up mechanisms in co-operation with participating States.
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39. Missions will, where appropriate, establish internal gender working groups led by the gen- der focal point to design gender-mainstreaming strategies, monitor their implementation and enhance the visibility of their gender-related activities. It is the responsibility of the heads of mis- sion to position gender focal points on a sufficiently high level and to make sure that they enjoy full access to senior management.
40. The Press and Public Information Section of the Secretariat, institutions and missions will encourage gender-balanced reporting, and highlight, as appropriate, meetings, seminars, special events, reports, case stories and developments related to the implementation of OSCE commit- ments on gender equality.
IV. Promoting Gender Equality in Participating States
41. Participating States, individually and collectively, bear the primary responsibility and are accountable to their citizens for the implementation of their commitments on equality of rights and equal opportunities for women and men. They have committed themselves to making equality between women and men an integral part of policies both at State level and within the Organiza- tion. They will ensure the full use of the appropriate OSCE fora for reviewing the implementation of OSCE commitments on equality between women and men.
42. Participating States are therefore recommended to: • Ensure that the Organization develops policies which effectively promote gender equality and that new proposals and initiatives take a gender perspective into account; • Establish or strengthen existing mechanisms for ensuring gender equality, inter alia by mak- ing available the services of an impartial and independent person or body, such as an Ombuds- man/Human Rights Commissioner, to address gender related discrimination against individual citizens; • Adhere to and fully implement the international standards and commitments they have under- taken concerning equality, non-discrimination and women’s and girls’ rights; • Comply with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), if they are parties, or, if they have not already done so, consider ratifying or acced- ing to this Convention. States that have ratified or acceded to this Convention with reservations will consider withdrawing them. States parties to the CEDAW are also called upon to consider ratifying the Optional Protocol to the Convention on the Elimination of All Forms of Discrim- ination Against Women; • If they are parties to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the International Covenant on Civil and Political Rights (ICCPR), and/or the International Covenant on Economic, Social and Cultural Rights (ICESCR), report regu- larly and on time to the respective bodies, and include women’s organizations in the prepara- tion of their reports; • Take further action where necessary in order to ensure a safe environment for their citizens and the right to equal protection under the law, notably by increasing activities aimed at eliminat- ing all forms of violence against women, including trafficking in human beings*, and encour- age those who have not already done so to ratify and implement the UN Convention against
* Reference is made to the Permanent Council Decision No. 557 of 24 July 2003 on the adoption of the OSCE Action Plan to Combat Trafficking in Human Beings.
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Transnational Organized Crime, and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; • Support national and international efforts to bring to justice those who have perpetrated crimes against women which under applicable rules of international law are recognized as war crimes or crimes against humanity, and ensure that existing national legislation on violence against women is enforced, and that new legislation is drafted where necessary; • As recommended in the Guidelines on International Protection on Gender-Related Persecution within the context of Article 1A (2) of the 1951 Convention relating to the Status of Refugees and/or its 1967 Protocol relating to the Status of Refugees, intro – duce procedural practices, if States have not already done so, that ensure that proper consideration is given to women claim- ants in refugee status determination procedures and that the range of claims of gender-related persecution are accorded due recognition; • Draw on the experience of the OSCE to develop cross-dimensional gender equality policies and strategies, and include in the follow-up to such policies, inter alia, the utilization of gender anal- ysis and monitoring mechanisms to assess the impact of gender policies and strategies, so that constraints on their full implementation may be identified and addressed.
V. Supporting OSCE participating States in implementing relevant commitments to promoting equality between women and men
Areas of special interest to all OSCE participating States
43. The following priority areas are laid down as a basis for the OSCE Secretariat, institutions and missions to use when developing plans and programmes to assist participating States, upon their request, in implementing relevant commitments. All OSCE structures should endeavour to respect these priorities, as appropriate within their mandates. Countries not hosting missions are also urged to make full use of the expertise of the OSCE structures to assist them in promoting gender equality, as there is no country where full equality has been reached.
44. Priorities
(a) Developing projects in OSCE States not hosting missions • In countries without missions, the ODIHR will identify projects to support measures in the areas of prevention of violence against women, promotion of women in the public, political, and eco- nomic spheres, and support for national gender-mainstreaming.
(b) Ensuring non-discriminatory legal and policy frameworks • •The ODIHR, in co-operation with other international organizations and relevant national bodies and institutions, will assist OSCE participating States in complying with international instruments for the promotion of gender equality and women’s rights, and in reviewing legisla- tion to ensure appropriate legal guarantees for the promotion of gender equality in accordance with OSCE and other commitments; • The ODIHR will assist in the development and implementation of specific programmes and activities to promote women’s rights, to increase the role of women at all levels of decision-mak- ing, and to promote equality between women and men throughout the OSCE area, particularly through education in gender awareness; • The ODIHR will assist in the implementation and assessment of national strategies and action plans on measures to promote gender equality and gender-mainstreaming;
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• The OSCE Secretariat, institutions and field operations will also assist the participating States in implementing the relevant provisions and recommendations contained in the OSCE Action Plan to Combat Trafficking in Human Beings, and the OSCE Action Plan on Improving the Sit- uation of Roma and Sinti in the OSCE Area.
(c) Preventing violence against women* • OSCE structures will continue to assist participating States in developing programmes and activ- ities aimed at the prevention of all forms of gender-based violence;† • OSCE structures will assist participating States with legislative initiatives to prevent violence against women, and will foster institution-building, strengthen co-ordination between govern- ment institutions and civil society, and raise awareness of the problem in general; • OSCE structures will, in co-operation with participating States, address the gender dimension of proliferation of small arms and light weapons (SALW). SALW proliferation exacerbates violence against women, and a gender perspective should thus be taken into account in related endeavours; • The Strategic Police Matters Unit (SPMU) will enhance its project development to assist partic- ipating States in reacting to sexual violence offences and in including such elements as special investigation techniques, and interview skills designated for use with victims of sexual assault including children, and information on referral mechanisms for victim assistance, in the police training curriculum; • The Office of the Co-ordinator of Economic and Environmental Activities (OCEEA), and the Anti-Trafficking Assistance Unit (ATAU), while addressing underlying causes of trafficking in human beings, shall in co-ordination with relevant OSCE institutions and structures, assist par- ticipating States in tackling the lack of opportunities for women, female unemployment, and other gender aspects of trafficking, including the demand side of sexual and other forms of exploitation; • The Action against Terrorism Unit (ATU) will upon request take action on the issue of the exploitation of women by terrorists to serve their own ends and propagate extremist ideologies; • As negative gender stereotypes contribute to the persistence of violence against women, OSCE programmes, projects, and activities should aim at women’s empowerment.
(d) Ensuring equal opportunity for participation of women in political and public life • The ODIHR will assist participating States in developing effective measures to bring about the equal participation of women in democratic processes and will assist in developing best prac- tices for their implementation; • The ODIHR and the OSCE field operations will assist, as appropriate, in building up local capaci- ties and expertise on gender issues as well as networks linking community leaders and politicians; • The ODIHR will continue to assist participating States in promoting women’s political partici- pation. It will continue, as a part of its Election Observation Mission, to monitor and report on
* Article 2(b) of the United Nations Declaration on Elimination of Discrimination Against Women states: “Vio- lence against women shall be understood to encompass but not be limited to, the following: […] physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual har- assment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution.” † The United Nations resolution on “Further actions and initiatives to implement the Beijing Declaration and Platform for Action” (A/RES/S-23/3) of 16 November 2000, states (paragraph 59): “Gender-based violence, such as battering and other domestic violence, sexual abuse, sexual slavery and exploitation, international traffick- ing in women and children, forced prostitution and sexual harassment… are incompatible with the dignity and worth of the human person…”
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women’s participation in electoral processes. When possible, additionally, the ODIHR will com- mission and publish reports specifically analysing the situation of women in electoral processes; • The High Commissioner on National Minorities (HCNM) will address specific issues relating to the participation in public and private life of women belonging to national minorities and, in policies and projects developed by his/her office, take steps necessary to counter the double discrimination suffered by these women, as appropriate within the context of his/her conflict prevention mandate; • The OSCE Representative on Freedom of the Media (RFOM) will be alert to allegations of seri- ous intolerance towards women and incitement to gender discrimination in or by the media in participating States in accordance with Chapter 6 of the mandate of the RFOM. The Represent- ative will inform the participating States of such cases in his/her regular reports.
(e) Encouraging women’s participation in conflict prevention, crisis management and post-con- flict reconstruction • OSCE structures will, as appropriate within their mandate, promote the implementation of Secu- rity Council resolution 1325 (2000) on the role of women in, inter alia, the prevention of con- flicts and post-conflict reconstruction; • OSCE structures will, as appropriate, assist participating States in developing programmes and projects aimed at bringing about equal opportunities for women to participate in efforts for the promotion of peace and security, including those conducted at grass-roots and regional levels. The empowerment of women in the political-military dimension is also essential to compre- hensive security.
(f) Promoting equal opportunity for women in the economic sphere • The OCEEA will take initiatives to increase awareness of women’s rights in the economic sphere as described in paragraph 40.6 of the Moscow Document and, as appropriate, develop projects to implement the same; • The OCEEA should take a gender perspective into account when implementing its tasks as out- lined in the OSCE Strategy Document for the Economic and Environmental Dimension, adopted by the Ministerial Council in Maastricht in 2003, and the Document of the Bonn Conference on Economic Co-operation in Europe; • The OCEEA will upon request assist participating States in formulating their economic poli- cies on the basis of the principles set forth in the Bonn Document and the OSCE Strategy for the Economic and Environmental Dimension. In this respect the OSCE should continue and strengthen its co-operation with the United Nations Economic Commission for Europe and other organizations; • The OCEEA will, together with participating States and missions, analyse obstacles preventing women from fulfilling their potential in the economic sphere, and develop projects that will enhance the role of women in economic activities and ensure that they are not discriminated against in this field, notably regarding access to and control over such economic and financial resources as loans, property and inheritance rights; • The OCEEA and, as appropriate, missions should promote the development of women’s entre- preneurial and other work-related skills by supporting training, retraining and special educa- tion facilities, and promoting the education and training of women and men in non-traditional subjects and jobs; • The OCEEA will encourage international donor organizations and lending institutions to sup- port projects designed to enhance the role of women in economic activities or to ensure equality
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in employment. Projects on employment issues should highlight the principle that maternity and paternity arrangements are a key element in promoting equal opportunities and responsi- bility-sharing between women and men; • OSCE structures will assist participating States in ensuring that girls and boys, as well as women and men, have equal opportunities to receive education and training.
(g) Building national mechanisms for the advancement of women • The ODIHR will continue to provide know-how and support for the building-up of democratic institutions for advancing gender equality, such as Ombudsman’s offices at local and national levels, as appropriate; • The ODIHR will facilitate dialogue and co-operation between civil society, media and govern- ment in promoting gender-mainstreaming.
(h) The Parliamentary Assembly is encouraged to: • Continue to have on its agenda the issue of equal opportunities for men and women in national parliaments as well as within the OSCE and the OSCE Parliamentary
Assembly, having mainstreamed the discussion of gender equality in the agenda of the Assem- bly’s Plenary Meetings; • Further develop the current network of women parliamentarians through the work of the OSCE PA Special Representative on the Gender Issue, in order to promote the participation of women in political and public life at both the national and international levels; • Ensure, with the assistance of the Special Representative, that it continues to put forward rec- ommendations with regard to gender equality in its annual Declarations; • Continue to produce, through the Gender Unit at the OSCE PA Secretariat, reports on the sta- tus of women in the OSCE area and seek to raise awareness by making such material available to all participating parliaments.
VI. General Follow-up
45. The Secretary General, heads of missions and heads of institutions, shall be accountable to the Permanent Council for the implementation of the relevant parts of this Action Plan, in accord- ance with their respective responsibilities.
46. The Secretary General shall before 1 October 2005, develop a plan for the implementation of measures for achieving the overall aims of this Action Plan. Heads of institutions shall also develop their own separate implementation plans by that date. These plans shall include concrete meas- ures for implementing the 2004 Action Plan for the Promotion of Gender Equality, measures con- cerning training programmes on gender-mainstreaming of the work of OSCE officials, measures for cross-dimensional gender-mainstreaming in OSCE policies, projects and programmes, and finally management and recruitment strategies, aimed at achieving gender balance at all levels.
47. The Secretary General shall report on progress in work on gender issues in the Annual Report for 2004. The Secretary General shall thereafter present an annual evaluation report on gender issues in the OSCE. This report will be presented to the Permanent Council in June each year starting in 2006. These evaluation reports will contain contributions from Departments, and from institu- tions and missions, on developments related to gender equality and gender-mainstreaming in the
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OSCE structures, including information on the plans dealt with in paragraph 46 above. They will include analysis of achievements in light of the requirements of this Action Plan.
48. Starting in June 2006, the Permanent Council will, on the basis of the Secretary General’s annual evaluation report on gender issues, hold an annual discussion especially devoted to gen- der issues, covering the review and if necessary the updating of policies and strategies on gen- der-mainstreaming and the promotion of gender equality. This discussion should also monitor implementation of this Action Plan.
49. The need to include in co-operation with host countries a gender perspective in the mandate of the respective missions may be considered as and when appropriate.
50. The next revision of the 2004 Action Plan for the Promotion of Gender Equality will take place when the Permanent Council so decides.
51. The implementation of this Action Plan requires provision of adequate resources.
247 Document of the Thirteenth Meeting of the Ministerial Council Ljubljana 2005
I. Statements and Declarations by the Ministerial Council
Ministerial Statement on the International Convention for the Suppression of Acts of Nuclear Terrorism
1. We, the Ministers for Foreign Affairs of the OSCE participating States, welcome the adoption by the United Nations General Assembly of the International Convention for the Suppression of Acts of Nuclear Terrorism.
2. We pledge to apply all efforts to sign this International Convention on the day of its opening for signature at the United Nations Headquarters in New York on 14 September 2005.
3. We encourage the implementation of all the necessary measures to ratify, accept, approve or oth- erwise become parties to this International Convention in the shortest possible time.
4. We urge the OSCE Secretary General and the Office for Democratic Institutions and Human Rights to offer to the requesting participating States, on their formal demand and where appro- priate, technical assistance/advice on the swift ratification, acceptance or approval of this Inter- national Convention, in close co-operation with the United Nations Office on Drugs and Crime.
5. We invite the OSCE Partners for Co-operation and the Mediterranean Partners for Coopera- tion to join our initiative.
Ministerial Declaration on the 20th Anniversity of the Disaster at the Chernobyl Power Plant
26 April 2006 will mark the 20th Anniversary of the disaster at the Chernobyl nuclear power plant (NPP).
Commemorating this tragic day, we once again remember all the victims, including all emergency and recovery operation workers, of the twentieth century’s major technological catastrophe, in terms both of scope and of consequences.
This disaster resulted in large-scale radioactive contamination of vast areas in Europe, most heav- ily affecting the territories of Belarus, the Russian Federation and Ukraine. The accident has had an adverse impact on the lives and health of millions of people, in particular children, and has imposed a massive burden on the economy and environment of the most affected States.
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We appreciate the enormous efforts made by the national governments concerned to address the effects of the Chernobyl accident. These endeavours have been supplemented to a significant degree by the involvement of the international community, including organizations of the United Nations system, the World Bank and the European Bank for Reconstruction and Development (EBRD), aimed at providing assistance to mitigate the consequences of the Chernobyl disaster. We also com- mend the contribution made by nongovernmental organizations, private initiatives and individuals.
However, even today, the long-term consequences of the disaster, which include humanitarian, environmental, social, economic and health problems, continue to persist. Therefore, efforts need to continue to alleviate these consequences, focusing primarily on such vitally important issues as economic and environmental rehabilitation and sustainable development of the territories affected.
We are also aware that the Chernobyl NPP continues to pose a potential threat in the centre of Europe. In this regard, special attention should be focused on completing the Shelter Implemen- tation Plan by constructing the main remaining component, the New Safe Confinement Arch. We appreciate the effort of the international community to increase financial commitments to the EBRD Chernobyl Shelter Fund to over USD 1 billion this year.
Environmental matters have always been a part of the OSCE’s mandate, reflecting the Organiza- tion’s comprehensive approach to security and cooperation. In the Helsinki Final Act we agreed to study, with a view to their solution, those environmental problems that, by their nature, are of a multilateral, bilateral, regional or subregional dimension; as well as to encourage the develop- ment of an interdisciplinary approach to environmental problems.
In this context, the OSCE will continue to contribute to international cooperation efforts to alle- viate the consequences of the Chernobyl accident, including through participation in and sup- port of relevant projects, and to provide appropriate assistance and expertise in consultation with the States concerned.
In commemorating this tragic event we believe that the Chernobyl disaster demonstrated how important it is for the international community to develop and apply commonly agreed poli- cies and strategies to ensure that appropriate arrangements are in place for the prevention of, and response to, technological accidents and their consequences for human beings and the envi- ronment. We also believe that, in order to effectively tackle such challenges, concerted efforts are needed between the States concerned, the relevant international organizations, financial institu- tions and other interested donors.
II. Border Security and Management Concept
Framework for Co-operation by the OSCE Participating States
Chapter I: The OSCE participating States’ commitments
1. Recognizing that border security and management is a matter of the national sovereignty and responsibility of States, the OSCE participating States reaffirm their commitment to promoting open and secure borders in a free, democratic and more integrated OSCE area without dividing lines. In doing so, they also commit themselves to co-operate following the principles of inter- national law, mutual confidence, equal partnership, transparency and predictability, and pursu- ing a comprehensive approach in a spirit that would facilitate friendly relations between States.
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2. The OSCE participating States reaffirm the obligations and commitments on borderrelated issues that they have undertaken at all levels: 2.1 At the global level: On border security and management issues, the participating States reaf- firm their commitments under international law, in particular international human rights, refu- gee and humanitarian law, and may consider as well standards and recommendations laid down by the World Customs Organization, the International Organization for Migration, the Interna- tional Labour Organization, the United Nations High Commissioner for Refugees and other rel- evant international organizations; 2.2 At the OSCE level: The participating States reaffirm the norms, principles, commitments and values enshrined in the Helsinki Final Act, all of which apply equally and unreservedly, each of them being interpreted taking into account the others. They reaffirm the principles and commit- ments contained in the Copenhagen Document 1990, the Helsinki Document 1992 and the Char- ter for European Security 1999. They recall the action plans, decisions and other relevant agreed OSCE documents which address borderrelated issues. In particular, strengthening OSCE capac- ities to promote open and secure borders and enhancing mutually beneficial inter-State co-oper- ation are means to address the threats of terrorism, organized crime, illegal migration, and the illicit trafficking in weapons, drugs and human beings, as identified in paragraph 35 of the OSCE Strategy to Address Threats to Security and Stability in the TwentyFirst Century; 2.3 At the regional and subregional levels: In the same spirit, the participating States reaffirm their obligations and commitments in all regional and subregional formats in which they are members and undertake to promote their co-operation in all relevant organizations and agencies in order to ensure consistency in policies and standards and to avoid duplication of efforts; 2.4 Bilaterally: In a spirit of solidarity, and aiming at good neighbourly relations, the participat- ing States will respect their bilateral agreements on borderrelated issues and undertake efforts to promote sharing of experience and good practices.
Chapter II: Main objectives of co-operation
3. Cooperation by the participating States is aimed at promoting the implementation of border-re- lated commitments. It should foster compliance with border-related security and management standards recognized by the participating States, as well as their improvement, inter alia, based on sharing of good practices.
4. The participating States will promote co-operation between their border services, customs authorities, agencies issuing travel documents and visas, and law enforcement and migration agen- cies, as well as other competent national structures, with a view to achieving the following aims: 4.1 To promote free and secure movement of persons, goods, services and investments across bor- ders, in conformity with relevant legal frameworks, international law and OSCE commitments, inter alia, through enhancing the security of travel documents and encouraging, as appropriate, circumstances that could allow liberalization of visa regimes, in the spirit of the commitments under the documents mentioned above; 4.2 To reduce the threat of terrorism, including by preventing crossborder movement of persons, weapons and funds connected with terrorist and other criminal activities; 4.3 To prevent and repress transnational organized crime, illegal migration, corruption, smuggling and trafficking in weapons, drugs and human beings; 4.4 To promote high standards in border services and competent national structures;
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4.5 To promote dignified treatment of all individuals wanting to cross borders, in conformity with relevant national legal frameworks, international law, in particular human rights, refugee, and humanitarian law, and relevant OSCE commitments; 4.6 To create beneficial conditions for social and economic development in border territories, as well as for the prosperity and cultural development of persons belonging to all communities resid- ing in border areas, with access to all opportunities; 4.7 To foster prospects for joint economic development and help in establishing common spaces of freedom, security and justice in the OSCE area; 4.8 To ensure the security of the international transport circuit for supply of commodities.
Chapter III: Principles of co-operation by the OSCE participating States on borderrelated issues
Guided by the OSCE co-operative approach,
5. The participating States agree that their common prosperity and security can be enhanced through an increase in beneficial cross-border movements of people, goods, services and investments.
6. Issues of a regulatory nature raised by cross-border movements can best be addressed through direct cooperation between the border services and competent national structures of the partic- ipating States, based on relevant agreements. This cooperation should take place at the bilateral, regional and multilateral levels.
7. Sovereign national authorities, and in particular the border services responsible on each side of the border, have the best knowledge of the issues at hand. Cross-border dialogue, transparency and confidence-building constitute the first logical steps towards generating solutions with added value to the benefit of all.
8. Borders in the OSCE are not uniform. Every border has a particular character and may call for specific policy choices. Each participating State has the sovereign right to choose how to secure and manage its borders, taking into account relevant political, military, economic and social con- siderations.
Chapter IV: OSCE contribution
9. In keeping with its concept of common, comprehensive, cooperative and indivisible security, the OSCE constitutes an appropriate political framework and offers the services of its structures and institutions for contributions. It acts upon the request of participating States and in a spirit of solidarity and partnership, based on mutual interest and respect. In case the OSCE offers its con- tribution in border areas between participating States it will act after close consultation with and taking into account the views expressed by these participating States.
10. OSCE work in support of border security and management will be based on realism and prag- matism. It will make the best use of OSCE structures and institutions, the strengthening of which should be considered. OSCE border-related activities are subject to ongoing periodic review and monitoring by the OSCE decision-making bodies and through the budgetary process.
11. The OSCE will ensure a continued political dialogue on border-related issues, through discus- sions in an appropriate consultative working structure on the implementation of the commitments
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and the future development of co-operation by the participating States in this area, as well as on providing guidance regarding border activities to the OSCE structures and institutions.
12. The OSCE remains a forum for dialogue and conflict-resolution through peaceful dialogue. The OSCE Court of Conciliation and Arbitration is in this respect a tool available to States rec- ognizing its jurisdiction, to be consulted and to provide confidential legal opinion upon request.
13. The possible OSCE contribution may be put into practice, inter alia, through the following methods: • Exchange of information, experience and best practices; • Establishment of “points of contact” and national focal points; • Holding of workshops and conferences, including with the participation of experts; • Maintaining contacts and interaction with the competent international and regional organi- zations.
A more detailed list of possible OSCE contributions is contained in the Annex.
Chapter V: OSCE external co-operation with international organizations and partners
14. The OSCE can offer its organizational framework for interaction on border-related issues with international regional and subregional organizations, in accordance with the Platform for Co-op- erative Security.
15. International co-operation and assistance could benefit from a more target-oriented and coor- dinated approach. The OSCE should continue political and operational coordination with other international organizations and institutions in promoting open and secure borders. Complemen- tarity, comparative advantage and added value should guide the co-ordinated approach, inter alia, through concerted actions and joint deployment of international resources.
16. As a regional arrangement under Chapter VIII of the United Nations Charter, the OSCE is also a forum for co-operation with subregional organizations in its area. Increased coordination on border security and management at the subregional level may constitute a stepping stone towards the OSCE-wide establishment of open and secure borders.
17. The provisions of this Concept will be shared by the Partners for Co-operation, on a volun- tary basis.
Annex to Document No. 2/05: Possible OSCE Contributions
Upon the request of interested participating States and where they can provide comparative advan- tage and added value, the contributions of the OSCE, based on lessons learned from border-related programmes, could take, inter alia, the following forms:
A. Facilitation:
1. Political dialogue between participating States on border-related issues, including OSCE good offices;
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2. Confidencebuilding measures in border areas, as referred to by relevant OSCE documents, as well as by decisions elaborated by the Forum for Security Cooperation;
3. Technical dialogue between national border services and competent national structures, through exchanges of information at all levels;
4. Possible mobilization and co-ordination of assistance.
B. General forms of contribution:
1. Technical assistance in the development and implementation of national strategies and action plans, based on the vision of national authorities and their existing commitments, if a State so requests;
2. Technical assistance in development, adaptation and harmonization of relevant legislation;
3. Technical assistance in enhancing the effectiveness of border structures through the sharing of best practices;
4. Technical assistance in the development and implementation of training plans and programmes through the sharing of good practices and international exchanges;
5. Overall information sharing by creating, inter alia, an awareness of resources that comprise all available international experience, including new technologies and knowhow, for example on rapid but effective border controls, border checkpoint construction, etc.;
6. Identification of sources for available equipment and supplies appropriate to border services, with the aim of their possible mobilization.
C. Possible specialized assistance in the following fields:
1. Combating terrorism, transnational organized crime, illegal migration and illicit trafficking in nuclear, biological, chemical and conventional weapons and their means of delivery and related materials, hazardous wastes, drugs and human beings: (i) Strengthening of international exchange networks and informationsharing on the above-men- tioned threats and challenges to security; (ii) Crime-specific training for border services and competent national structures; (ii) Identification of sources for crime-specific equipment and supplies and, if possible, mobili- zation of available resources; (iii) Technical and non-technical means of detection of illegal or false documents aiming at improving the security of travel documents and visas; (iv) Encouragement for the conclusion and implementation of agreements on cross-border co-op- eration; (v)Promotion of the implementation and development of multilateral international norms and practices, in conformity with international legal frameworks, regarding extradition and other forms of legal cooperation on criminal matters related to terrorism and other serious crimes, on aspects related to border security and management;
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(vi) Enhancement of co-operation aimed at preventing and countering the threat of illicit traf- ficking in drugs.
2. Free and secure movement of persons: (i) Technical assistance and expert advice on exit and entry procedures, including on simplifi- cation of visa procedures, as appropriate; (ii)Expert advice on enhancing the security of travel documents; (iii) Facilitation of free and secure movement of persons across borders; (iv) Promotion and expert advice by the OSCE structures and institutions on the rights and development interests of persons belonging to all communities living in border areas without prejudice toward persons belonging to national minorities;
(v)Awareness-raising on the rights of migrants and asylum seekers.
3. Economic and environmental field: (i) Sharing of best practices on border-crossing and customs procedures for import, export and transit, in particular to ensure the security of the international transport circuit; (ii) Promotion of economic cross-border cooperation and facilitation of local border trade; (iii) Fostering of cross-border cooperation on environmental issues that have an impact on local community development; (iv) Facilitation of cross-border cooperation in case of natural disasters or serious accidents in border zones; (v) Ensuring of the security of the international transport circuit for the supply of commodi- ties, including through the establishment of a system for providing preliminary information on goods and vehicles transferred across borders.
III. Decisions of the Ministerial Council
Decision No. 2/05
Migration
The Ministerial Council,
Reaffirming the commitments related to migration, and in particular regarding migrant workers, and other relevant commitments, especially those recognized in the Helsinki Final Act (1975), the Madrid Document (1983), the Vienna Final Document (1989), the Copenhagen Document (1990), the Charter of Paris for a New Europe (1990), the Moscow Document (1991), the Helsinki Docu- ment (1992), the Budapest Document (1994) and documents adopted by the Ministerial Council in Maastricht (2003) and Sofia (2004),
Recognizing the increasing importance of migration, as well as the challenges and opportunities that it presents to participating States,
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Further recognizing that migration is becoming a more diverse and complex phenomenon, which needs to be addressed in a comprehensive manner and therefore requires a crossdimensional approach at the national, regional and international levels,
Recognizing that all States should adopt effective national frameworks in order to manage migration,
Underlining that migration is inherently a transnational issue requiring co-operation between States,
Acknowledging that migration constitutes an important economic, social and human factor for host countries as well as for countries of origin,
Acknowledging also that successful integration policies that include respect for cultural and reli- gious diversity and promotion and protection of human rights and fundamental freedoms are a factor in promoting stability and cohesion within our societies,
Determined to fight illegal migration and to address its root causes,
Bearing in mind the different approaches to migration issues by the OSCE participating States, and drawing on their experience and best practices,
Taking into account the initiatives taken and the work done by the OSCE during 2005 in address- ing the issue of migration and integration, in particular, the Human Dimension Seminar on Migra- tion and Integration, the Thirteenth OSCE Economic Forum and the 2005 Mediterranean Seminar,
Welcoming the existing co-operation between the OSCE, in particular, the Office for Democratic Institutions and Human Rights (ODIHR) and the Office of the Coordinator of OSCE Economic and Environmental Activities (OCEEA), and relevant international organizations and institutions,
Considering that the OSCE, within its comprehensive approach to security, could contribute, inter alia, by: • Working in synergy and developing a stronger partnership with international bodies having a specific focus on migration, • Facilitating dialogue and co-operation between participating States, including countries of ori- gin, transit and destination in the OSCE area, as well as the OSCE Partners for Co-operation and Mediterranean Partners for Co-operation, • Assisting the participating States, upon their request, to develop effective migration policies and to implement their relevant OSCE commitments, • Inviting participating States to consider becoming parties to relevant international instruments,
Tasks the Permanent Council to follow up the work initiated in 2005 and to report to the Four- teenth Meeting of the Ministerial Council;
Tasks the Secretary General as well as relevant OSCE institutions and structures, to continue their work on migration issues in all three dimensions.
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Decision No. 3/05
Combating Transnational Organized Crime
The Ministerial Council,
1. Reaffirming the participating States’ commitment to preventing and combating organized crime, in particular as recognized in the Charter for European Security (1999), the Bucharest Plan of Action for Combating Terrorism (2001), the OSCE Strategy to Address Threats to Security and Stability in the TwentyFirst Century (2003) and the OSCE Strategy Document for the Economic and Environmental Dimension (2003),
2. Reiterating the grave concern expressed in the Follow-up to the Outcome of the Millennium Summit (2005 World Summit Outcome) over the negative effects of organized crime on peace, security and stability, which is a major impediment to the prosperity and sustainable development of the participating States,
3. Underscoring links that exist between transnational organized crime and other threats, such as illicit drugs, terrorism, illicit trade in small arms and light weapons, as well as in sensitive mate- rials and technologies, trafficking in human beings, smuggling of migrants, cyber crime, corrup- tion and illegal migration in the context of organized crime and money laundering,
4. Recognizing that the United Nations Convention against Transnational Organized Crime, and its Protocols, adopted by the General Assembly of the United Nations on 15 November 2000 in New York, mark a major step forward in international cooperation against transnational organ- ized crime and provide the opportunity for a global response,
5. Recognizing the ongoing work of the OSCE in the areas linked to combating organized crime,
6. Convinced that the OSCE concept of comprehensive security is well placed to enhance the abil- ity of all participating States to tackle the threat of organized crime, and that the OSCE may pro- vide a relevant framework for promoting the fight against organized crime and acknowledging the important work done by relevant international organizations and institutions, in particular United Nations Office on Drugs and Crime, • Urges participating States to enhance cooperation between themselves and the UNODC, the Council of Europe and other relevant international organizations; • Invites the OSCE participating States that have not yet done so to consider becoming parties to the United Nations Convention against Transnational Organized Crime and its Protocols, adopted by the General Assembly of the United Nations on 15 November 2000 in New York, and to fully implement their obligations under these instruments thereafter; • Tasks the Secretary General with providing the requesting participating States with support for the mobilization of technical assistance, including the necessary expertise and resources, from relevant competent international organizations for the implementation of the United Nations Convention against Transnational Organized Crime and its Protocols in support of and in close consultation with the Conference of Parties and the UNODC; • Recalls that preventing and combating organized crime require a coherent approach by the par- ticipating States, in promoting the implementation of their own relevant national legislation and programmes, in particular in the field of criminal justice, consistent with the rule of law and OSCE participating States’ commitments;
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• Tasks the Permanent Council to carry forward co-operation between participating States and to work on designing, with the support of the Secretary General and the relevant OSCE institu- tions, possible measures and forms of assistance that could be available to requesting participat- ing States with a view to improving and promoting the functioning of criminal justice systems, inter alia, legislation, law enforcement, prosecution, administration of justice, international legal co-operation, including extradition, and the penal system, in consultation with the UNODC, the Council of Europe and other pertinent international organizations; • Invites the OSCE Partners for Co-operation and Mediterranean Partners for Cooperation to voluntarily implement the relevant provisions of this decision.
Decision No. 4/05
Enhancing Legal Co-operation in Criminal Matters to Counter Terrorism
The Ministerial Council,
Determined to reinforce OSCE counter-terrorism activities in accordance with international law and in line with existing OSCE commitments,
Recalling United Nations Security Council resolutions 1373 (2001), 1566 (2004) and 1624 (2005), which call upon all States to become party as soon as possible to the relevant international con- ventions and protocols relating to terrorism, and to co-operate fully in the fight against terrorism, as well as relevant OSCE counter-terrorism commitments,
Recalling also United Nations Security Council resolution 1631 (2005), in particular where it urges “all relevant regional and subregional organizations to enhance the effectiveness of their counter- terrorism efforts within their respective mandates, including with a view to develop their capac- ity to help Member States in their efforts to tackle the threats to international peace and security posed by acts of terrorism”,
Welcoming the ongoing efforts within the United Nations to finalize, on an expedited basis, the draft comprehensive convention on terrorism,
Recognizing that the above-mentioned conventions and protocols represent a universal legal regime against terrorism and, in the absence of bilateral treaties on mutual legal assistance and extradi- tion, could together with the UN Convention against Transnational Organized Crime (Palermo convention) serve as a basis for legal co-operation,
Noting links that exist between terrorism and transnational organized crime,
Noting the importance of the UN Convention against Transnational Organized Crime,
Noting with appreciation the OSCE Secretariat’s initiative taken at the request of the UN Coun- ter-Terrorism Committee Executive Directorate in developing a programme on enhancing legal co-operation in criminal matters related to terrorism in the OSCE area and organizing as the first step the Expert Workshop on this issue, held in Vienna on 15 April 2004,
Noting also the good working collaboration between the OSCE and the UN Office on Drugs and Crime (UNODC), as well as the valuable technical assistance tools developed by the UNODC for
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implementing the universal anti-terrorism conventions and protocols and promoting legal co-op- eration in criminal matters, in particular those related to terrorism,
Taking into account the recommendations made by participants in the 2005 Annual Security Review Conference with regard to further developing co-operation with thUNODC, supporting its efforts aimed at strengthening the legal regime against terrorism and promoting its technical assistance tools, in particular the Mutual Legal Assistance Request Writer Tool software, includ- ing through facilitating training and disseminating best practices for caseworkers,
Decides that the participating States should co-operate actively and fully among themselves, in accordance with applicable rules under domestic and international law, in efforts to find and to bring to justice perpetrators, organizers, supporters and sponsors of terrorist acts, on the basis of the principle to extradite or prosecute;
Invites participating States to consider the expert suggestions contained in the report on the OSCE Expert Workshop on Enhancing Legal Co-operation in Criminal Matters Related to Terrorism (SEC. GAL/111/05 of 18 May 2005), as a scale of options for improving international legal co-operation;
Tasks the Secretary General and relevant institutions to assist requesting participating States to ful- fil their commitments related to the fight against terrorism. The OSCE will continue to collaborate with the UNODC in strengthening the legal regime against terrorism by promoting implemen- tation of the universal anti-terrorism instruments, and facilitating international legal co-opera- tion in criminal matters;
Tasks the Secretary General to organize in 2006, in co-ordination with the Chairmanship-in-Of- fice and in co-operation with the UNODC, an OSCE expert workshop in Vienna, with the aim to promote the UNODC technical assistance tools for advancing international legal co-operation in criminal matters casework, in particular the Mutual Legal Assistance Request Writer Tool soft- ware, including through facilitating training and disseminating best practices for caseworkers;
Tasks the Secretary General to organize for requesting participating States, in close co-operation with the UNODC, national training workshops for prosecutors and judicial officials on issues of extradition and mutual legal assistance in criminal matters, in particular those related to terrorism.
Decision No. 10/05
Tolerance and Non-Discrimination: Promoting Mutual Respect and Understanding
The Ministerial Council,
Recognizing that respect for human rights and fundamental freedoms, democracy and the rule of law is at the core of the OSCE comprehensive concept of security,
Recalling its commitments in the field of tolerance and non-discrimination enshrined in the 1975 Helsinki Final Act, the 1990 Charter of Paris for a New Europe, the 1999 Charter for European Security, Decision No. 4/03 on tolerance and non-discrimination, adopted at the 11th Ministerial Council Meeting (Maastricht, 2003), and Decision No. 12/04 on tolerance and nondiscrimination, adopted at the 12th Ministerial Council Meeting (Sofia, 2004),
Recalling the OSCE’s focus on promoting tolerance and non-discrimination, embodied in the 2003 Vienna Conferences on Anti-Semitism and on Racism, Xenophobia and Discrimination, the
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April 2004 Berlin Conference on Anti-Semitism, the June 2004 Paris Meeting on the Relationship Between Racist, Xenophobic and Anti-Semitic Propaganda on the Internet and Hate Crimes, the September 2004 Brussels Conference on Tolerance and the Fight Against Racism, Xenophobia and Discrimination, and the June 2005 Cordoba Conference on AntiSemitism and on Other Forms of Intolerance and recalling the outcomes of those conferences,
Reaffirming its determination to implement the existing OSCE commitments in the fields of tol- erance and non-discrimination and freedom of thought, conscience, religion or belief, and recall- ing other relevant international obligations,
Emphasizing the need for consistently and unequivocally speaking out against acts and mani- festations of hate, particularly in political discourse, and working in favour of tolerance, mutual respect and understanding,
Recalling the importance of promoting and facilitating intercultural and interfaith dialogue and partnerships aimed at tolerance, mutual respect and understanding, at both the national and the international levels,
Noting with appreciation the announcement of the Secretary-General of the United Nations on the establishment of the “Alliance of Civilizations”, as well as the establishment of the Alliance of Civilizations High-Level Group of Eminent Persons and expressing interest in the outcome of this initiative,
Recalling Permanent Council Decisions Nos. 607, 621 and 633 and the declarations made by the OSCE ChairmaninOffice in 2004 – “Berlin Declaration”, “Brussels Declaration” and “Paris Con- clusions”,
Appreciating the work of the three Personal Representatives of the ChairmaninOffice as part of the overall effort of the OSCE in combating discrimination and promoting tolerance, mutual respect and understanding and in awareness-raising,
1. Appreciates the declaration made by the OSCE ChairmaninOffice at the OSCE Conference on Anti-Semitism and on Other Forms of Intolerance held in Cordoba on 8 and 9 June 2005 – “Cor- doba Declaration”;
2. Welcomes the creation of the ODIHR Programme on Tolerance and NonDiscrimination;
3. Rejects the identification of terrorism and violent extremism with any religion or belief, culture, ethnic group, nationality or race;
4. Decides that the OSCE should continue to raise awareness and develop measures to counter prejudice, intolerance and discrimination, while respecting human rights and fundamental free- doms, including the freedom of thought, conscience, religion or belief, for all without distinction as to inter alia race, colour, sex, language, religion or belief, political or other opinion, national or social origin, property, birth or other status;
5. Decides that the participating States while implementing their commitments to promote tol- erance and nondiscrimination will focus their activities in such fields as, inter alia, legislation, law enforcement, education, media, data collection, migration and integration, religious freedom, inter-cultural and inter-faith dialogue, and commit to:
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5.1. Consider increasing their efforts to ensure that national legislation, policies and practices pro- vide to all persons equal and effective protection of the law and prohibit acts of intolerance and discrimination, in accordance with relevant OSCE commitments and their relevant international obligations; 5.2 Strengthen efforts to provide public officials, and in particular law enforcement officers, with appropriate training on responding to and preventing hate crimes, and in this regard, to consider setting up programmes that provide such training, and to consider drawing on ODIHR expertise in this field and to share best practices; 5.3 Encourage public and private educational programmes that promote tolerance and non-dis- crimination, and raise public awareness of the existence and the unacceptability of intolerance and discrimination, and in this regard, to consider drawing on ODIHR expertise and assistance in order to develop methods and curricula for tolerance education in general, including: • Fighting racial prejudice and hatred, xenophobia and discrimination; • Education on and remembrance of the Holocaust, as well as other genocides, recognized as such in accordance with the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, and crimes against humanity; • Education on anti-Semitism in order to ensure a systematic approach to education, including curricula related to contemporary forms of antiSemitism in participating States; • Fighting prejudice, intolerance and discrimination against Christians, Muslims and members of other religions; 5.4 Consider developing, in close co-operation with civil society, concrete measures which do not endanger freedom of information and expression, in order to counter xenophobic stereotypes, intolerance and discrimination in the media and to encourage programmes to educate children and youth about prejudice or bias they may encounter in the media or on the Internet; 5.5 Strengthen efforts to collect and maintain reliable information and statistics on hate crimes and legislation within their territories, to report such information periodically to the ODIHR, and to make this information available to the public and to consider drawing on ODIHR assis- tance in this field, and in this regard, to consider nominating national points of contact on hate crimes to the ODIHR; 5.6 Continue, with the support of relevant OSCE structures, institutions and field operations if necessary, to address the issue of migration and integration with respect for cultural and reli- gious diversity as part of the overall efforts by the OSCE to promote tolerance, mutual respect and understanding and to combat discrimination, as well as to promote respect for human rights and fundamental freedoms; 5.7 Follow up on the work done so far by the OSCE to promote tolerance and nondiscrimination, including through expert-level implementation-focused thematic meetings in 2006, and to con- sider the possibility of an OSCE conference in 2007;
6. Tasks the ODIHR to: 6.1 Assist participating States upon their request in developing appropriate methodologies and capacities for collecting and maintaining reliable information and statistics about hate crimes and violent manifestations of intolerance and discrimination, with a view to helping them to collect comparable data and statistics; 6.2 Continue its co-operation with other OSCE structures and institutions, as well as with the United Nations Committee on the Elimination of Racial Discrimination (UNCERD), the United Nations Office of the High Commissioner for Human Rights (UNHCHR), the European Commission
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against Racism and Intolerance (ECRI), the European Monitoring Centre on Racism and Xenopho- bia (EUMC), the Task Force for International Cooperation on Holocaust Education, Remembrance and Research, and with other relevant institutions and civil society, including non-governmen- tal organizations; 6.3 Through its Advisory Panel of Experts on Freedom of Religion or Belief, to continue providing support to the participating States, upon their request, in their efforts to promote freedom of reli- gion or belief, and to share the Panel’s conclusions and opinions with OSCE participating States, both bilaterally and at relevant OSCE conferences and events;
7. Decides to make an appropriate contribution to the “Alliance of Civilizations” initiative through the promotion of inter-cultural and inter-religious dialogue and the advancement of mutual under- standing and respect as well as human rights throughout the OSCE area and in this regard tasks: 7.1 The OSCE Chairman-in-Office to inform the Secretary-General of the United Nations of this decision and of the interest of the OSCE to support the “Alliance of Civilizations” initiative; 7.2 The Secretary General, drawing on the expertise of the OSCE structures and institutions, in particular the ODIHR, to provide in co-operation with participating States an OSCE contribution to the “Alliance of Civilizations” initiative and to bring it to the attention of the Alliance of Civi- lizations HighLevel Group by the end of June 2006.
Decision No. 11/05
Promoting of Human Rights Education and Training in the OSCE Area
The Ministerial Council,
Reaffirming the commitments of the participating States in the field of human rights education and training, in particular the commitments deriving from the 1975 Helsinki Final Act, the 1990 Copenhagen Document, the 1991 Moscow Document, the 1999 Charter for European Security, the 2003 OSCE Strategy to Address Threats to Security and Stability in the TwentyFirst Century and all other relevant OSCE agreed documents and decisions,
Recognizing that the promotion of human rights through education and training in the whole OSCE area could be viewed in the context of the OSCE’s comprehensive concept of security and is vital for the strengthening of respect for human rights and fundamental freedoms, as well as for the promotion of tolerance and non-discrimination,
Acknowledging the added value of multifaceted cooperation, including consultation, coopera- tion and coordination with relevant international and regional organizations, as well as the bene- fits that countries can derive from each other’s experiences and capabilities in the field of human rights education and training,
Taking into account the efforts of other international organizations, including the UN’s World Pro- gramme for Human Rights Education, the Council of Europe’s Programme on Education for Dem- ocratic Citizenship as well as its youth programme All Different, All Equal, and the EU’s European Initiative for Democracy and Human Rights, as well as programmes undertaken at the national level,
Recognizing the contribution of the ODIHR and other OSCE structures, institutions and field oper- ations, in promoting human rights education and training, in cooperation with participating States,
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Dedicated to further strengthening the efforts by the OSCE to promote human rights education and training programmes in the OSCE area, as well as to extend the Organization’s support to participating States upon their request in carrying out their respective national programmes in the field of human rights education,
Invites participating States with the involvement of civil society to further enhance systematic human rights education and training programmes designed to promote respect for the inherent dignity of all human beings, and to make human rights a reality for each person in every com- munity and in society at large;
Decides to enhance the OSCE’s efforts in co-operation with other international organizations and non-governmental organizations in taking necessary measures aimed at promoting human rights education and training, with special emphasis on the young people in the OSCE area;
Tasks the ODIHR, drawing on the relevant expertise and experience acquired by the OSCE struc- tures, institutions and field operations, as well as the OSCE participating States: • To produce a compendium of best practices for participating States on enhancing the promotion of human rights education and training, including the promotion of tolerance, mutual respect and understanding, and non-discrimination in the OSCE area.
Decision No. 12/05
Upholding Human Rights and the Rule of Law in Criminal Justice Systems
The Ministerial Council,
Recognizing that full respect for human rights and fundamental freedoms and the development of societies based on pluralistic democracy and the rule of law is a prerequisite for achieving a last- ing peace, security, justice and stability,
Reaffirming the rule of law commitments contained in the 1975 Helsinki Final Act, the 1989 Con- cluding Document of Vienna, the 1990 Copenhagen Document, and the 1991 Moscow Document, those undertaken at the 1994 OSCE Summit in Budapest, and other relevant OSCE commitments and recalling relevant international obligations, including the International Covenant on Civil and Political Rights and the UN Convention against Torture and Other Cruel, Inhuman or Degrad- ing Treatment or Punishment,
Reiterating that the activity of the government and the administration as well as that of the judi- ciary will be exercised in accordance with the system established by law and in line with relevant OSCE commitments and international obligations of the participating States, and that respect for that system must be ensured,
Considering that the rule of law does not mean merely a formal legality which assures regularity and consistency in the achievement and enforcement of democratic order, but justice based on the recognition and full acceptance of the supreme value of the human personality and guaranteed by institutions providing a framework for its fullest expression,
Recognizing that rule of law must be based on respect for internationally recognized human rights, including the right to a fair trial, the right to an effective remedy, and the right not to be subjected to arbitrary arrest or detention,
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Recognizing that an impartial and independent judiciary plays a vital role in ensuring due pro- cess and protecting human rights before, during and after trials,
Recognizing that defence lawyers play a critical role in ensuring the right to a fair trial and in the furtherance and protection of other human rights in the criminal justice system,
Underlining the need to speak out publicly against torture, and recalling that all forms of torture and other cruel, inhuman or degrading treatment or punishment are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and stressing the need to strengthen procedural safeguards to prevent torture as well as to prosecute its perpetrators, thereby preventing impunity for acts of torture, and calling upon participating States to give early consideration to signing and ratifying the Optional Protocol to the Convention against Torture,
Decides to: • Increase attention to and follow up on the issues of the rule of law and due process in criminal justice systems in 2006, inter alia, by encouraging participating States to improve the implemen- tation of existing commitments, also drawing on the expertise of the ODIHR, and in close co-op- eration with other relevant international organizations in order to avoid unnecessary duplication;
Tasks the ODIHR and other relevant OSCE structures to: • Assist the participating States to share with one another successful examples, expertise and good practices to improve criminal justice systems; • Assist the participating States upon their request to strengthen the institutional capacity of defence lawyers to protect and defend the rights of their clients.
Decision No. 13/05
Combating Trafficking in Human Beings
The Ministerial Council,
Reaffirming Ministerial Council Decisions Nos. 2/03 and 13/04, as well as other OSCE commit- ments to combat trafficking in human beings in all its forms and for all purposes, by adhering to which, the participating States have clearly demonstrated a political will to eliminate this contem- porary form of enslavement that violates human dignity and undermines the enjoyment of human rights and fundamental freedoms,
Recalling the international obligations taken by those OSCE participating States which have signed and ratified the United Nations Convention against Transnational Organized Crime and its Sup- plementary Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, as well as other relevant international treaties to which they are parties,
Noting the Council of Europe Convention on Action against Trafficking in Human Beings as the first regional treaty in this field which is mainly focused on the protection of victims of traffick- ing, as well as on the prevention of this horrendous crime and the prosecution of its perpetrators,
Welcoming progress achieved by participating States in the implementation of the OSCE Action Plan to Combat Trafficking in Human Beings as a comprehensive tool-kit for assisting both
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authorities and civil society to prevent such trafficking, prosecute perpetrators of the crime and protect its victims,
Drawing attention to the need to enhance the abovementioned measures, develop strong anti-traf- ficking networks which would function multilaterally, regionally and bilaterally, and effectively implement the commitments taken, with full support and assistance provided to the participating States, upon their request, by the OSCE structures, institutions and field operations,
Reiterating the unique role of the OSCE as a catalyst in joint efforts by international organiza- tions aimed at combating trafficking in human beings of all forms, and commending the initia- tives taken by the OSCE Special Representative on Combating Trafficking in Human Beings under the auspices of the “Alliance against Trafficking in Persons”,
Decides:
1. To endorse the Addendum to the OSCE Action Plan to Combat Trafficking in Human Beings: Addressing the Special Needs of Child Victims of Trafficking for Protection and Assistance, adopted by Permanent Council Decision No. 685 on 7 July 2005, thus effectively responding to the needs of the most vulnerable and unprotected victims of trafficking in human beings;
2. To continue to pay closer attention to the escalating threat of human trafficking, and to pur- sue a multidimensional and victim-centred approach to issues related to combating trafficking in human beings as an aspect of organized crime, criminality and corruption, within the OSCE con- cept of comprehensive security;
3. To task the OSCE anti-trafficking mechanism to report to the Permanent Council in June each year, starting in June 2006, on progress achieved in work on trafficking issues in the OSCE. These reports will also contain contributions from other OSCE structures, institutions and field oper- ations on developments related to trafficking in human beings throughout the OSCE region and will include an analysis of achievements in the light of the objectives set out in the 2003 OSCE Action Plan to Combat Trafficking in Human Beings.
Decision No. 14/05
Women in Conflict Prevention, Crisis Management and Post-Conflict Rehabilitation
The Ministerial Council,
Recalling the OSCE’s comprehensive approach to security in addressing new threats and chal- lenges and its commitment to gender mainstreaming, in line with the 2004 OSCE Action Plan for the Promotion of Gender Equality,
Recalling that the OSCE, as a regional arrangement under Chapter VIII of the Charter of the United Nations, is a key instrument for early warning, conflict prevention, crisis management and post-conflict rehabilitation in its region,
Recognizing that the knowledge, skills and experience of both women and men are essential to peace, sustainable democracy, economic development and therefore to security and stability in the OSCE region,
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Further recognizing that United Nations Security Council resolution 1325 (2000) on women, peace and security links gender equality and security, focusing on the role of women in matters of peace and security at all levels,
Reaffirming the Beijing Declaration and Platform for Action adopted at the Fourth World Con- ference on Women and the outcome of the twenty-third special session of the General Assembly,
Emphasizing the importance of women’s full and equal participation in all phases of conflict pre- vention, resolution and peace-building,
Acknowledging the need for concrete action by the OSCE to integrate women into conflict pre- vention, crisis management and post-conflict rehabilitation through its activities, inter alia, by:
1. Ensuring proactive implementation throughout the Organization of the 2004 OSCE Action Plan for the Promotion of Gender Equality, adopted by Permanent Council Decision No. 638 of 2 December 2004,
2. Integrating into the activities of the OSCE, as appropriate, the relevant parts of UN Security Council resolution 1325 (2000) on the role of women in all levels of conflict prevention, crisis man- agement and resolution, and postconflict rehabilitation,
3. Encouraging participating States to develop national rosters of potential women candidates (as called for in the 2004 OSCE Action Plan for the Promotion of Gender Equality, paragraph 22) and take active steps to ensure that women are fully informed of and encouraged to apply for posi- tions in the area of conflict prevention and postconflict rehabilitation processes, in particular for senior management positions,
4. Calling on participating States to nominate more women as heads of institutions and missions, and to other senior positions in the OSCE,
5. Actively encouraging the recruitment of women to OSCE field presences, in particular to manage- ment positions, with the goal of having a substantial number of field presences headed by women,
6. Calling on participating States and OSCE structures, as appropriate, to support and encourage training and educational programmes focusing on women and girls, as well as projects aimed at women’s participation in building sustainable peace; to empower women’s organizations; to sup- port women’s peace initiatives through the media and workshops on human rights and gender equality; and to raise awareness among women concerning the importance of their involvement in political processes,
7. Calling on participating States and OSCE structures, as appropriate, to develop specific policies to encourage the full and equal participation of women and women’s organizations in conflict pre- vention, conflict resolution and post-conflict rehabilitation, as well as to encourage and support the sharing of experiences and best practices and, further, to engage with women’s peace initiatives,
8. Calling on participating States to take into account the important role and the particular needs of women and girls in implementing government policies on protection and durable solutions including voluntary return, resettlement, rehabilitation, (re)integration or repatriation of refugees and internally displaced persons in safety and dignity,
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9. Recommending that participating States regularly evaluate their efforts at gender mainstreaming in conflict prevention, conflict management and rehabilitation processes, and make such evalua- tions public, to be used for gendersensitive training purposes, and in implementation of relevant commitments as well as to increase awareness of their importance,
Decides to: • Task the Secretary General in his annual progress report on the implementation of Permanent Council Decision No. 638 on the 2004 OSCE Action Plan for the Promotion of Gender Equal- ity with making specific references to the implementation in the Organization of the parts of UN Security Council resolution 1325 (2000) that are relevant to the OSCE; • Task the Secretariat, in the context of the objectives of the 2004 OSCE Action Plan for the Pro- motion of Gender Equality, with developing in co-operation with participating States, further measures to substantially increase the number of women in the OSCE Secretariat, institutions and field operations, in particular at senior and policymaking levels; • Task the OSCE structures and institutions with developing or adjusting relevant projects, strat- egies and initiatives, and conducting other activities, including exchanging information with the UN in order to fulfil the commitments contained in this decision; • Invite OSCE participating States and the OSCE institutions to report at the Annual Security Review Conference also on the progress achieved in implementing the commitments contained in this decision.
Decision No. 15/05
Preventing and Combating Violence against Women
The Ministerial Council,
Recognizing that respect for human rights and fundamental freedoms, democracy and the rule of law is at the core of the OSCE’s comprehensive concept of security,
Reaffirming the United Nations Declaration on the Elimination of Violence against Women, the Beijing Declaration and Platform for Action, adopted at the Fourth World Conference on Women and the outcome of the twenty-third special session of the General Assembly,
Reaffirming that States have an obligation to exercise due diligence to prevent, investigate and pun- ish the perpetrators of violence against women and girls and to provide protection to the victims, and that failure to do so violates and impairs or nullifies the enjoyment of their human rights and fundamental freedoms,
Recalling UN Security Council resolution 1325 (2000) on women, peace and security, which calls for, inter alia, the full respect for and protection of the rights of women and girls during and after armed conflict and an end to impunity for perpetrators of gender-based violence,
Reaffirming the strong commitments of the OSCE participating States in the fields of human rights, gender equality, tolerance and nondiscrimination, combating trafficking in human beings and improving the situation of Roma and Sinti,
Deeply concerned at the particular targeting or vulnerability to violence and hence the need for protection of girls and some groups of women, such as women belonging to minority groups,
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indigenous women, refugee and internally displaced women, migrant women, women living in rural or remote communities, destitute women, women in institutions or in detention, women with disabilities, elderly women, widows, women in situations of armed conflicts and women who are otherwise discriminated against, including on the basis of HIV status,
Emphasizing the commitment to gender mainstreaming in the OSCE Action Plan of 2004 for the Promotion of Gender Equality and the specific provisions regarding the prevention and elimina- tion of violence against women in participating States,
Expressing its deep concern at the persisting level of violence against women and girls in the OSCE region, as well as the human and political costs of this phenomenon and recognizing that violence against women constitutes a threat to human security,
1. Urges participating States, with the support and assistance of the OSCE, to take all necessary legislative, policy and programmatic monitoring and evaluation measures to promote and pro- tect the full enjoyment of the human rights of women and to prevent and combat all forms of gen- der-based violence against women and girls;
2. Calls on participating States to comply with the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, if they are par- ties, and, if they have not already done so, to consider ratifying or acceding to these Conventions; and calls upon States that have ratified or acceded to these Conventions to withdraw reservations that are contrary to the object and purpose of the Conventions;
3. Calls on participating States to consider signing and ratifying or acceding to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supple- menting the UN Convention against Transnational Organized Crime, the Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography and, where appropriate, the Council of Europe Convention on Action against Traf- ficking in Human Beings;
4. Notes with regret that female victims of violence are too often left without protection and assis- tance and urges participating States: (i) To ensure that all female victims of violence will be provided with full, equal and timely access to justice and effective remedies; medical and social assistance, including emergency assistance; confidential counselling; and shelter; (ii) To adopt and implement legislation that criminalizes gender-based violence and establishes adequate legal protection; (iii) To provide in a timely manner physical and psychological protection for victims, including appropriate witness protection measures; (iv) To investigate and prosecute the perpetrators, while addressing their need for appropriate treatment; (v) To promote the full involvement of women in judicial, prosecutorial and law enforcement institutions and to ensure that all relevant public officials are fully trained and sensitized in rec- ognizing, documenting and processing cases of violence against women and children; (vi) To meet the special needs for protection and assistance of girl victims of violence
5. Notes that violence against women and girls often remains unreported and unrecorded and is therefore not adequately reflected in statistics, and encourages participating States to support efforts
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to raise awareness; to make significant additional efforts to collect, analyse and disseminate com- parable data; and to support specialized NGOs and research on the issue;
6. Calls upon participating States to take measures to strengthen the economic independence of women, including ensuring non-discriminatory employment policies and practices, provid- ing equal access to education and training, equal remuneration for equal work, increased work and educational opportunities, equal access to and control over economic resources with a view to reducing women’s vulnerability to all forms of violence including domestic violence and traf- ficking in human beings;
7. Urges participating States to take all necessary steps to prevent genderbased violence against women and girls during and after armed conflict and emergencies, including the bringing to jus- tice of perpetrators of crimes, and to take special measures to address the needs of women and girls in the post-conflict environment;
8. Acknowledges the inclusion of gender-related crimes in the Rome Statute of the International Criminal Court and in the Elements of Crimes, adopted by the Assembly of State Parties to the Rome Statute in September 2002, and the elaboration of the circumstances in which such crimes can constitute crimes against humanity and/or war crimes;
9. Encourages the dissemination of the relevant case-law of the existing ad hoc International Crim- inal Tribunals for the former Yugoslavia and Rwanda and full cooperation with those jurisdictions;
10. Decides to intensify the co-operation of the OSCE with the relevant structures of the United Nations, the Council of Europe, the European Union and other international organizations, as well as with civil society and relevant nongovernmental organizations, to promote the prevention of and the fight against all forms of violence against women and girls;
11. Tasks the Permanent Council to encourage the development by relevant OSCE institutions and structures of programmes, projects and policies to assist participating States, at their request, in combating violence against women and girls and providing assistance for victims;
12. Requests that the Secretary General pay specific attention to reporting on the implementation of this decision in the Annual Report to the Permanent Council on the 2004 Action Plan for the Promotion of Gender Equality.
Decision No. 16/05
Ensuring the Highest Standards of Conduct and Accountability of Persons Serving on International Forces and Missions
The Ministerial Council,
Reaffirming the OSCE commitments to combat trafficking in human beings, in particular 2000 Vienna Ministerial Council Decision No. 1, 2002 Porto Ministerial Declaration and Maastricht Ministerial Decision No. 2/03 and the OSCE Action Plan to Combat Trafficking in Human Beings, as well as its addendum “Addressing the Special Needs of Child Victims of Trafficking for Pro- tection and Assistance”,
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Recalling the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Trans- national Organized Crime, and its comprehensive definition of trafficking in persons,
Reiterating that trafficking in human beings, a contemporary form of slavery, seriously under- mines the enjoyment of human rights and fundamental freedoms,
Concerned that military and civilian personnel serving on international peacekeeping forces or other international missions, including contractors, as well as field presences of international organiza- tions including the OSCE could be a contributing factor to the demand side of the trafficking cycle,
Welcoming the efforts of the United Nations as well as other international organizations to develop and enforce “zero-tolerance” policies to prevent trafficking in human beings by both forces and other staff, which, combined with education and training, are required,
Recalling the ongoing activities in all relevant international organizations aimed at the develop- ment of common standards and best practices to prevent and combat trafficking in human beings,
Concerned about reports of misconduct by military and civilian personnel serving on international peace-keeping forces or other international missions, including reports of engaging in trafficking in human beings as defined in the United Nations Protocol to Prevent, Suppress and Punish Traf- ficking in Persons, Especially Women and Children, strongly condemning such acts, and noting that they have a detrimental effect on the fulfilment of mission mandates,
Concerned also about reports of misconduct by military and civilian personnel serving on inter- national peacekeeping forces or other international missions including reports of sexually exploit- ing and abusing local and refugee populations, as well as reports of cases of forced labour, strongly condemning such acts, and noting that they have a detrimental effect on the fulfilment of mis- sion mandates,
Emphasizing the need for more information and awareness-raising concerning these issues among personnel serving on international missions,
Taking note of efforts by the United Nations aimed at ensuring that personnel serving on peace- keeping forces or other international missions are held to the highest standard of conduct and accountability,
1. Calls on participating States to improve, where necessary, measures to prevent military and civilian personnel deployed abroad to peacekeeping forces or other international missions, as well as OSCE officials, from engaging in trafficking in human beings or exploiting victims of traffick- ing. In this regard, the participating States will seek to ensure that their national laws, regulations, and other relevant documents can be enforced with respect to their nationals who are serving on peacekeeping forces or other international missions, with a view to ensuring the highest stand- ards of conduct and accountability;
2. Calls on participating States with deployed military and civilian personnel to assist, within their competence and respective mandates, responsible authorities in the host country in their efforts to combat trafficking in human beings. Each participating State will take into account policies and consequences regarding trafficking in human beings when instructing its military and civil- ian personnel to be deployed abroad;
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3. Calls on participating States to take appropriate action necessary to prevent sexual exploita- tion and abuse, as well as cases of forced labour, by military and civilian personnel deployed by them who are serving on peacekeeping forces or other international missions, to enforce relevant standards of conduct in this regard, and to ensure that any such cases are properly investigated and appropriately punished;
4. Reaffirms the importance of implementing the Code of Conduct for OSCE Officials and Staff Instruction No. 11 addressing trafficking in human beings, and instructs the Secretary General, drawing on the expertise of the OSCE Special Representative on Combating Trafficking in Human Beings and the Anti-Trafficking Assistance Unit, to update these documents to make them in line with this decision, and to circulate them to the participating States for comments and discussion prior to issuance;
5. Invites the governments of the OSCE Partners for Cooperation also to commit to the same prin- ciples as are set forth in this decision and to that end tasks the OSCE Special Representative on Combating Trafficking in Human Beings and the OSCE Secretary General to share relevant infor- mation and materials with the OSCE Partners for Cooperation;
6. Tasks the OSCE Special Representative on Combating Trafficking in Human Beings to share with relevant international organizations OSCE training materials and other information that could assist in combating trafficking in human beings;
7. Tasks the OSCE Secretary General to report annually to the Permanent Council on the imple- mentation of this decision in regard to the Code of Conduct for OSCE Officials and Staff Instruc- tion No. 11, in accordance with provision III 11.1 of the OSCE Action Plan to Combat Trafficking in Human Beings.
Decision No. 17/05
Strengthening the Effectiveness of the OSCE
The Ministerial Council,
Reaffirming its full adherence to the norms, principles and commitments in all three dimensions of the OSCE comprehensive approach to security agreed since the 1975 Helsinki Final Act and the 1990 Charter of Paris for a New Europe,
Recognizing the role of the Organization as a regional arrangement under Chapter VIII of the United Nations Charter,
Recalling that all OSCE commitments apply equally, and to all participating States,
Emphasizing the role of the Organization as a forum for political dialogue, as a key instrument for early warning, conflict prevention, crisis management and post-conflict rehabilitation, and as a norm-setting body with its institutions and field operations, as well as its instruments and mechanisms,
Reaffirming the importance of all three dimensions of the OSCE approach to security as well as its cross-dimensional character,
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Determined to strengthen confidence between participating States and to reinforce the sense of common purpose, by means of inclusive political dialogue on an equal footing, as well as assis- tance provided in a co-operative manner,
Recognizing the need to further focus the work of the Organization in those areas, where it has comparative advantages and can add value, while retaining its comprehensive approach to security,
Bearing in mind the need to ensure that basic priorities and action plans have a longterm perspec- tive and are in line with the evolving security environment,
Determined to strengthen the effectiveness of the Organization operating on the basis of sovereign equality of States and of decision-making by consensus, in order to improve transparency and to foster the sense of ownership of all participating States,
Determined to make an effective gender mainstreaming an integral part of all policies, activities and programmes in the OSCE,
Recalling the Ministerial Council Decision No. 16/04 on the Establishment of a Panel of Eminent Persons on Strengthening the Effectiveness of the OSCE,
Commending the Panel for its determination and efforts, resulting in the report titled Common Purpose, Towards a More Effective OSCE (CIO.GAL/100/05 of 27 June 2005), and taking into account recommendations contained therein,
Taking also into account other contributions, including those by the Parliamentary Assembly, as well as the outcome of the High-Level Consultations held in Vienna on 12 and 13 September 2005, as set out by the Chairmanship in its Perception Paper (CIO.GAL/132/05 of 16 September 2005),
Considering that further efforts are needed for appropriate action on recommendations of the Panel of Eminent Persons,
1. Tasks the Permanent Council with continuing work on the basis of the report of the Panel of Eminent Persons and the outcome of the High-Level Consultations and reporting to the Minis- terial Council in 2006 on: • Rules of procedure; • Improving the consultative process, including considering a committee structure; • Considering ways to improve the planning and efficiency of OSCE conferences; • Strengthening the efficiency, effectiveness and transparency of the Organization’s activities, including their budgetary and extra-budgetary financing, and their evaluation and assessment; • Considering ways to further enhance the role of the Secretary General, while supporting him in the full use of his mandate, including through further strengthening the co-operation with the heads of institutions and of field operations; • Modernizing the Secretariat, taking into account also proposals by the Secretary General and participating States, to further improve its capacity to support the Chairmanship-in-Office and the participating States and to co-ordinate OSCE activities; • Strengthening the effectiveness of the OSCE institutions and field operations; • Examining the possibility of providing the OSCE with legal status and granting privileges and immunities, taking into consideration advice of legal experts;
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• Further improving the programme planning, so that it may better reflect the Organization’s priorities; • Considering ways of further improving the professionalism of OSCE personnel and the manage- ment of its human resources, with due regard to the gender and geographical balance; • Considering the possibility of thematic missions in an OSCE-wide or subregional context;
2. Tasks the ODIHR to submit, for discussion, to the next Ministerial Council, a report on: • Implementation of existing commitments, • Possible supplementary commitments, • Ways of strengthening and furthering its election-related activities, • Improving the effectiveness of its assistance to participating States,
taking into account and answering questions put by participating States and in close consulta- tion with them.
272 Document of the Fourteenth Meeting of the Ministerial Council Brussels 2006
I. Statements and Declarations by the Ministerial Council
Brussels Declaration on Criminal Justice Systems
We, members of the Ministerial Council, reaffirm the commitments related to the administra- tion of criminal justice, especially those contained in the Helsinki Final Act (1975), the Vienna Final Document (1989), the Copenhagen Document (1990), the Charter of Paris for a New Europe (1990), the Moscow Document (1991), the Budapest Document (1994), and the Charter for Euro- pean Security (1999).
We recall Ministerial Council Decisions No. 3/05 on combating transnational organized crime and No. 12/05 on upholding human rights and the rule of law in criminal justice systems (Lju- bljana, 2005).
We further recall the proceedings of the Human Dimension Seminar on Upholding the Rule of Law and Due Process in Criminal Justice Systems (Warsaw, May 2006).
We also recall relevant UN instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
We recall the commitment of the participating States to ensure the independence of the judiciary.
We recognize that nothing in this document shall undermine or diverge from participating States’ existing commitments or obligations under international law, while we also acknowledge that each participating State, consistent with its legal tradition, determines the appropriate ways to imple- ment them in its national legislation.
We consider that: • Judicial independence is a prerequisite to the rule of law and acts as a fundamental guarantee of a fair trial; • Impartiality is essential to the proper discharge of the judicial office; • Integrity is essential to the proper discharge of the judicial office; • Propriety, and the appearance of propriety, are essential to the performance of all the activi- ties of a judge; • A guarantee of equality of treatment to all before the courts is essential to the due performance of the judicial office;
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• Competence and diligence are prerequisites to the due performance of the judicial office. • We consider that: • Prosecutors should be individuals of integrity and ability, with appropriate training and qual- ifications; • Prosecutors should at all times maintain the honour and dignity of their profession and respect the rule of law; • The office of prosecutor should be strictly separated from judicial functions, and prosecutors should respect the independence and the impartiality of judges; • Prosecutors should, in accordance with the law, perform their duties fairly, consistently and expe- ditiously, and respect and protect human dignity and uphold human rights, thus contributing to ensuring due process and the smooth functioning of the criminal justice system.
We consider that: • Law enforcement officials should at all times fulfil the duty imposed upon them by law, by serv- ing the public and by protecting all persons against illegal acts, consistent with the high degree of responsibility required by their profession; • In the performance of their duty, law enforcement officials should respect and protect human dignity and maintain and uphold the human rights of all persons; • Law enforcement officials should use force only to the extent necessary and appropriate to accom- plish their mission and to ensure the safety of the public; • Law enforcement officials, as members of the broader group of public officials or other persons acting in an official capacity, should not inflict, instigate, encourage or tolerate any act of tor- ture or other cruel, inhuman or degrading treatment or punishment; • No law enforcement official should be punished for not obeying orders to commit or conceal acts amounting to torture or other cruel, inhuman or degrading treatment or punishment; • Law enforcement officials should be cognizant and attentive to the health of persons in their custody and, in particular, should take immediate action to secure medical attention when- ever required.
We consider that: • All necessary measures should be taken to respect, protect and promote the freedom of exercise of the profession of lawyer, without discrimination and without improper interference from the authorities or the public; • Decisions concerning the authorization to practice as a lawyer or to join the profession should be taken by an independent body. Such decisions, whether or not they are taken by an inde- pendent body, should be subject to a review by an independent and impartial judicial authority; • Lawyers should not suffer or be threatened with any sanctions or pressure when acting in accord- ance with their professional standards; • Lawyers should have access to their clients, including in particular to persons deprived of their liberty, to enable them to counsel in private and to represent their clients according to estab- lished professional standards; • All reasonable and necessary measures should be taken to ensure the respect of the confiden- tiality of the lawyer-client relationship. Exceptions to this principle should be allowed only if compatible with the rule of law;
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• Lawyers should not be refused access to a court before which they are qualified to appear and should have access to all relevant evidence and records when defending the rights and interests of their clients in accordance with their professional standards.
We consider that the enforcement of custodial sentences and the treatment of prisoners must take account of the requirements of safety, security and discipline, while also ensuring prison conditions which do not violate human dignity and which offer meaningful occupational activities and appro- priate treatment programmes to inmates, thus preparing them for their reintegration into society.
We call on the participating States to fully implement their commitments and international obli- gations to ensure fair and effective operation of their criminal justice systems.
Brussels Ministerial Statement on Supporting and Promoting the International Legal Framework against Terrorism
We, the members of the Ministerial Council of the OSCE, reaffirm our strong determination to combat terrorism in all its forms and manifestations, as a crime that has no justification, what- ever its motivation or origin and to continue and reinforce OSCE counterterrorism activities in line with existing OSCE commitments.
We emphasize that measures to conduct this fight must be undertaken with full respect for the rule of law, and in accordance with our obligations under international law, in particular interna- tional human rights, refugee and humanitarian law.
We are convinced of the importance of reinforcing the international legal framework against ter- rorism, comprised of the universal conventions and protocols related to the prevention and the sup- pression of terrorism, relevant United Nations Security Council resolutions, the recently adopted United Nations Global CounterTerrorism Strategy, as well as regional and bilateral legal instru- ments related to terrorism.
We call on the OSCE participating States to implement the relevant United Nations Security Coun- cil resolutions regarding the fight against terrorism.
We welcome the significant progress achieved in the participating States’ compliance with the Bucharest Ministerial commitment to become party to the 12 antiterrorism conventions and pro- tocols, with 46 participating States being party to all 12 instruments that are currently in force.
We call on those OSCE participating States which have not yet done so to make every effort to become party without delay to the universal conventions and protocols against terrorism cur- rently in force, and to implement them, in particular through criminalization of related offences in their national legislation.
We reiterate our call on the OSCE participating States to consider becoming parties to the Interna- tional Convention for the Suppression of Acts of Nuclear Terrorism and the United Nations Con- vention against Transnational Organized Crime, as well as the United Nations Convention against Corruption, and support continuing efforts to adopt a comprehensive convention on international terrorism on terms that advance the international community’s counterterrorism objectives.
We call on participating States to consider becoming parties to regional and subregional legal instruments related to terrorism or legal cooperation in criminal matters adopted by organizations to which we belong, as well as – whenever appropriate to fill gaps in existing legal instruments – to
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conclude bilateral agreements on mutual legal assistance and extradition, in order to be able to cooperate fully, in accordance with the rules applicable under domestic and international law, in efforts to find and to bring to justice perpetrators, organizers, supporters and sponsors of terror- ist acts, on the basis of the principle to extradite or prosecute.
We will continue exchanging information, including through the Permanent Council and the Forum for Security Cooperation, on progress achieved in becoming party to international, regional and bilateral legal instruments against terrorism and on legal cooperation in criminal matters, as well as on developments in the national legislation related to terrorism.
We welcome work done so far by the OSCE structures, institutions and field presences, in collab- oration with the United Nations Office on Drugs and Crime, the Council of Europe and other rel- evant regional organizations, to strengthen the legal regime against terrorism by promoting the implementation of participating States’ obligations under the universal and regional antiterror- ism instruments to which they are party, and facilitating international legal cooperation in crim- inal matters, and encourage them to continue to do so.
We will also continue to develop interaction and dialogue on the issues of supporting and pro- moting the international legal framework against terrorism with the Mediterranean and Asian Partners for Cooperation.
Ministerial Statement on Migration
1. We, the Ministers for Foreign Affairs of the OSCE participating States, welcome the report pre- pared on the OSCE work in the area of migration since 2005 and express our appreciation and continued support for the work carried out on migration and integration issues in all three dimen- sions of the OSCE and affecting all countries, including those of origin, destination and transit.
2. Bearing in mind the relevance migration has acquired for international and national affairs, we reaffirm Ministerial Council Decision No. 2/05 on migration and request the Permanent Council and relevant OSCE structures, within their existing mandates, to continue to consider relevant migration and integration issues as part of its comprehensive approach to security.
3. The UN HighLevel Dialogue on International Migration and Development, inter alia, explored the relationship between these two complex phenomena, underscored that migration can be a pos- itive force for the development in all countries, and confirmed the importance of ensuring co-or- dination between the relevant international and regional organizations operating in these fields.
4. Owing to globalization and increasing mobility, dialogue and cooperation between governments at the bilateral, regional and international levels have become increasingly important for effec- tively addressing the opportunities and challenges of international migration within and between all countries, including those of origin, transit and destination.
5. As the phenomenon of migration has been growing, both in scope and in complexity, we encour- age all relevant OSCE institutions and structures, within their existing mandates, to continue their work on migration and integration issues in all three dimensions, in particular on the potential contribution of migration to sustainable development and codevelopment; promoting integration with respect for cultural and religious diversity; addressing forced migration while respecting rele- vant international legal obligations, and combating illegal migration as well as trafficking in human beings and the exploitation, discrimination, abuse and manifestation of racism directed towards migrants, with special attention to women and children; and facilitating dialogue, partnership and
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cooperation between the OSCE participating States and the Partners for Cooperation on migra- tionrelated issues.
6. We acknowledge the good interorganizational work done in producing the OSCE/IOM/ILO Handbook on Establishing Effective Labour Migration Policies in Countries of Origin and Desti- nation and promoting improved migration management through a range of activities. The Hand- book is an effective tool for capacitybuilding, which is a key element in preparing government institutions to put in place a system of migration management in order to oversee migration flows.
II. Decisions of the Ministerial Council
Decision No. 3/06
Combating Trafficking in Human Beings
The Ministerial Council,
Reaffirming the commitments that the participating States have adhered to in the field of combat- ing trafficking in human beings,
Reaffirming the OSCE Action Plan to Combat Trafficking in Human Beings, including its Adden- dum Addressing the Special Needs of Child Victims of Trafficking for Protection and Assistance (PC.DEC/557/Rev.1 of 7 July 2005),
Recalling Decision No. 2/03 of the Eleventh Ministerial Council Meeting in Maastricht on com- bating trafficking in human beings, which established, under the aegis of the Permanent Coun- cil, the OSCE mechanism to provide assistance to participating States to combat trafficking in human beings,
Reaffirming the importance of having an appropriate structure with adequate administrative and financial resources that can operate at the political level,
1. Decides that the OSCE mechanism to provide assistance to participating States to combat traf- ficking in human beings, established under the aegis of the Permanent Council, shall be changed to form an integral part of the Secretariat. The structure will be headed by a prominent personal- ity, who will act as a Special Representative and represent the OSCE at the political level, and will consist of contracted and seconded staff, including those of the present Anti-Trafficking Assistance Unit, appointed or assigned in accordance with the OSCE Staff Regulations and Rules;
The structure shall: (a) Assist OSCE participating States in the implementation of commitments and full usage of recommendations set forth in the OSCE Action Plan to Combat Trafficking in Human Beings, including its Addendum Addressing the Special Needs of Child Victims of Trafficking for Pro- tection and Assistance; (b) Ensure coordination of the OSCE’s efforts in combating trafficking in human beings across all three dimensions of the OSCE and act as a focal point for the OSCE’s efforts in this area; (c) Strengthen cooperation among the relevant authorities of the participating States and between the OSCE and other relevant organizations; (d) Raise the public and political profile of combating trafficking in human beings;
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(e) Operate in the whole OSCE area and as appropriate, assist the participating States, in a spirit of cooperation and following consultations with the relevant authorities of the participating States concerned, in aiming at the implementation of their commitments in combating human trafficking; (f) Provide and facilitate advice and technical assistance in the field of legislation as well as policy development, together, as necessary, with other OSCE structures engaged in this field; (g) Be ready to offer advice to senior level authorities representing the legislative, judicial, and executive branches in participating States and discuss with them the implementation of the OSCE Action Plan to Combat Trafficking in Human Beings, including its Addendum, and commitments in the field of combating trafficking in human beings. In specific cases calling for special attention, seek direct contacts, in an appropriate manner with the participating State concerned and discuss the providing of advice and concrete assistance, if needed; (h) Cooperate with national co-ordinators, national rapporteurs or other national mechanisms established by participating States for coordinating and monitoring the antitrafficking activi- ties of State institutions. It will also cooperate with relevant nongovernmental organizations in the participating States. Furthermore, it will assume responsibility within the OSCE for hosting and facilitating meetings for the exchange of information and experience between national coor- dinators, representatives designated by participating States, or experts on combating trafficking in human beings; (i) Closely cooperate, in a coordinating role and in full respect of their mandates, with the Office for Democratic Institutions and Human Rights (ODIHR) and other OSCE institutions, rele- vant structures of the Secretariat including the Office of the Coordinator of OSCE Economic and Environmental Activities (OCEEA), the Strategic Police Matters Unit (SPMU), the Senior Gender Adviser, as well as, where appropriate, the OSCE field operations. Drawing on the expertise within the OSCE, the OSCE structures that undertake activities in this field will closely consult with each other and the Special Representative in order to avoid duplication, ensure complementarity and coherence and, as appropriate, seek to develop an integrated approach; (j) Cooperate and seek synergies with relevant international actors, including regional organiza- tions, intergovernmental agencies and non-governmental organizations; continue to convene, chair and organize joint initiatives of the Alliance against Trafficking in Persons;
2. Calls on the Secretary General and the Chairmanship-in-Office to consult each other regard- ing the appointment of a prominent personality with relevant professional and political expertise: • The Secretary General will appoint the personality as co-ordinator at the D2 level, with the consent of the Chairmanship, in accordance with Decision No. 15/04 of the Twelfth Ministe- rial Council Meeting in Sofia; • The Chairmanship-in-Office will confer on the co-ordinator the functions and title of Special Representative for Combating Trafficking in Human Beings in order to enable the incumbent to adequately represent the OSCE at the political level. The participating States will be consulted in accordance with Decision No. 8 of the Tenth Ministerial Council Meeting in Porto;
3. Affirms that the Special Representative will be politically accountable to, and will report reg- ularly and when appropriate to the Permanent Council after consultation with the Chairman- ship-in-Office and the Secretary General, as well as in accordance with Decision No. 13/05 of the Thirteenth Ministerial Council Meeting in Ljubljana;
4. Agrees that from 2007 onwards the funding modalities will be changed, so that the current programme in the Unified Budget entitled “Special Representative on Combating Trafficking in Human Beings” will be part of the Main Programme now entitled “AntiTrafficking Assistance Unit”;
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5. Decides that this decision amends Decision No. 2/03 of the Eleventh Ministerial Council Meet- ing in Maastricht and, if necessary, may be amended by the Permanent Council.
Decision No. 5/06
Organized Crime
The Ministerial Council,
Reiterating its grave concern about the negative effects of organized crime on peace, stability and security,
Concerned that organized crime is becoming increasingly efficient at exploiting our globalized economies and open societies and is representing a growing multidimensional challenge to all participating States throughout the whole OSCE area,
Concerned that organized crime commands vast wealth and can wield tremendous power, poten- tially undermining the democratic values in our societies and threatening the safety and security of ordinary citizens directly and indirectly,
Concerned also by the challenges and threats posed by the links between organized crime, traffick- ing in human beings, weapons and illicit drugs, corruption and terrorism as well as other forms of transnational and domestic criminal activity,
Convinced that addressing organized crime must remain a central element in our policies to pro- vide safety and security to our citizens, both domestically and through international co-operation,
Underscoring that organized crime can best be fought through democratic institutions that respect human rights and the rule of law, and are accountable to citizens and civil society,
Emphasizing the key role played by an efficient and effective criminal justice system in uphold- ing public safety and security,
Recognizing that policies and activities regarding the criminal justice system should comprise and integrate, inter alia, crime prevention, law enforcement, the police, the judicial system, the pros- ecution, defence lawyers and penal systems,
Recognizing that efficient and effective criminal justice systems can only be developed on the basis of the rule of law and on the protection of human rights and that the rule of law itself requires the protection of such criminal justice systems,
Recognizing that efficient and effective criminal justice systems based on the rule of law are a pre- requisite for combating organized crime, trafficking in human beings, illicit drugs and weapons, terrorism, corruption and other forms of transnational and domestic criminal activity and that specialist responses to these security challenges must take place within the overall framework of a criminal justice system,
Recognizing the continued relevance of the United Nations standards and norms in crime preven- tion and criminal justice and of the role of the United Nations Office on Drugs and Crime (UNODC) in supporting their use and application and welcoming increasing cooperation between the OSCE Secretariat, the UNODC and the UN Commission on Crime Prevention and Criminal Justice,
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Recognizing the activities of other United Nations bodies and other international fora in the field of the rule of law,
Recognizing the importance of the implementation of the obligations under the United Nations Convention against Transnational Organized Crime (Palermo Convention) and, as appropriate, its supplementing protocols and under the United Nations Convention against Corruption, as ways for both addressing organized crime and corruption and for fostering international cooper- ation in criminal matters,
Taking note of the relevant Conventions and their protocols, elaborated in the framework of the Council of Europe,
Taking note of the outcome of the OSCE seminars and workshops held in 2005 and 2006 on inter- national legal cooperation in criminal matters, on prevention of terrorism, on illicit drugs and other forms of trafficking,
Recognizing the need for the OSCE to focus on enhancing international legal cooperation and on improving criminal justice systems as part of its overall security agenda, in coordination with the United Nations and other multilateral forums,
1. Urges participating States to continue to address organized crime as an important threat and, where possible, to strengthen the implementation of their respective international obligations and OSCE commitments in all areas of their criminal justice systems;
2. Recommends to consider adopting, as appropriate, national plans addressing securityrelated issues, and to apply an integrated approach, mindful of the fact that every element of the criminal justice system impacts on the other elements;
3. Invites participating States to consider undertaking self-assessments of their criminal justice systems, using, as appropriate, instruments available from international organizations, such as the UNODC/OSCE assessment toolkits and making, if necessary, best use of other tools avail- able, including from the Council of Europe (CEPEJ) and other organizations, academia or bar associations;
4. Urges participating States to pay due attention to the integrity and professionalism of law enforce- ment agencies and prosecution authorities, the efficient administration of justice and proper man- agement of the court system, the independence of the judiciary and the proper functioning of the penitentiary system and to explore ways of alternatives to imprisonment;
5. Recommends, as part of policy planning in preventing and fighting organized crime, the improve- ment of data collection and analysis, the national development and use of risk and threat assess- ments, and the promotion of the exchange of information and best practices to the extent not already under way;
6. Recommends increasing national efforts at international co-operation, coordination and infor- mation exchange as an important step in countering transnational organized crime;
7. Urges participating States to enhance international legal cooperation in criminal matters, inter alia, through considering becoming parties to the UN Convention against Transnational Organ- ized Crime (Palermo Convention), as appropriate the supplementing protocols thereto, the UN Convention against Corruption, and through implementing their obligations under these and
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other multilateral and bilateral legal cooperation instruments to which they are a party including through appropriate utilization of the relevant articles on mutual legal assistance and extradition;
8. Urges participating States to consider accession to the Convention on the Transfer of Sentenced Persons (Strasbourg, 21 November 1983) and its 1997 Additional Protocol, as appropriate, and to consider entering into bilateral agreements complementing this Convention, facilitating the trans- fer of sentenced persons;
9. Supports international police co-operation and takes note of the outcome of the OSCE chiefs of police meeting held in Brussels on 24 November 2006, including the suggestion to meet regu- larly, when such meetings are coordinated with and take into account other police chiefs’ meetings;
10. Recommends undertaking efforts at outreach to the population, including cooperation between law enforcement authorities and civil society organizations, so that citizens may become more aware of their civil rights, develop greater trust in the criminal justice system as the guarantor of these rights, and feel comfortable when approaching the relevant authorities;
11.(a) Tasks the Secretary General and the relevant OSCE executive structures, within their respec- tive mandates, with giving enhanced attention in their policies and activities to the key role of criminal justice systems in institution-building and in the promotion of the rule of law, as well as with co-operating and co-ordinating more closely in order to take better into account the inter- action between the components of those systems; (b) Tasks the Secretary General and the relevant OSCE executive structures, within their respec- tive mandates, with building on and consolidating the existing knowledge and experience on crim- inal justice and organized crime; (c) Tasks the Secretary General to support and promote international legal cooperation in crimi- nal matters between participating States, also taking into account the framework provided by the UN Convention against Transnational Organized Crime and supporting its Conference of Par- ties and to continue co-operating with the UNODC in matters including combating organized crime and illicit drugs; (d) Tasks the Secretary General and the ODIHR to brief the participating States regularly and to present a joint written report to the participating States before the summer recess in 2007, on the implementation of the abovementioned tasks; (e) Tasks the Permanent Council to take note of the above-mentioned report and to consider, if appropriate, a possible follow-up; (f) Tasks the Secretary General and the relevant OSCE executive structures including ODIHR, as appropriate in coordination and cooperation with other international organizations and institu- tions, to stand ready to respond to project proposals and requests for cooperation from participat- ing States and to consider facilitating training programmes, all within their respective mandates and as contributions are available for this purpose; (g) Underlines the importance of increased coherence and continuity of the efforts of all concerned OSCE bodies as well as reinforced co-operation with specialized agencies. In this respect, tasks the Secretary General to enhance co-ordination of these activities, within available resources and mandates. Invites the participating States to extend support to these activities.
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Decision No. 7/06
Countering the Use of the Internet for Terrorist Purposes
The Ministerial Council, Recalling its previous decision on this issue (MC.DEC/3/04), Remaining gravely concerned with the growing use of the Internet for terrorist purposes as out- lined in the aforementioned decision and beyond, Reaffirming in this context the importance of fully respecting the right to freedom of opinion and freedom of expression, which include the freedom to seek, receive and impart information, which are vital to democracy and in fact are strengthened by the Internet (PC.DEC/633 of 11 November 2004) and the rule of law, Recognizing that United Nations Security Council resolution 1624 (2005) calls upon States to take measures that are necessary and appropriate, and in accordance with their obligations under international law, to prohibit by law incitement to commit a terrorist act or acts and to prevent such conduct, Reaffirming our commitments under the United Nations Global Counter-Terrorism Strategy, in particular “to coordinate efforts at the international and regional level to counter terrorism in all its forms and manifestations on the Internet” and “to use the Internet as a tool for countering the spread of terrorism, while recognizing that States may require assistance in this regard”, Noting the observation in the report by the UN Counter-Terrorism Committee (S/2006/737 of 15 September 2006) that several States reported they are studying the application of the prohibition on incitement in their national legislation to the Internet, Noting recent developments, in particular the Council of Europe Convention on the Prevention of Terrorism, regarding the obligations of States parties to this Convention to criminalize public provocation to commit a terrorist offence and recruitment and training for terrorism, Recalling the Council of Europe’s Convention on Cybercrime (2001), the only legally binding mul- tilateral instrument that specifically addresses cybercrime by, inter alia, providing for a common legal framework for international co-operation between States parties to this Convention in com- bating cybercrime, and its Additional Protocol concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems,
Recognizing the commitment by the G8 Summit (St. Petersburg, Russian Federation, 16 July 2006) to effectively counter attempts to misuse cyberspace for terrorist purposes, including incitement to commit terrorist acts, to communicate and plan terrorist acts, as well as recruitment and training of terrorists, and in particular noting the role of the G8 24/7 Computer Crime Network for coun- tering criminal conduct in cyberspace,
Recalling the results of the OSCE Special Meeting on the Relationship between Racist, Xenopho- bic and Anti-Semitic Propaganda on the Internet and Hate Crimes (Paris, 15 and 16 June 2004), as well as the outcomes of the OSCE Expert Workshop on Combating the Use of the Internet for Ter- rorist Purposes (Vienna, 13 and 14 October 2005) and the OSCECouncil of Europe Expert Work- shop on Preventing Terrorism: Fighting Incitement and Related Terrorist Activities (Vienna, 19 and 20 October 2006), and relevant work done by the OSCE Secretariat and institutions, in par- ticular by the Representative on Freedom of the Media and the ODIHR,
Taking into account different national approaches to defining “illegal” and “objectionable” con- tent and different methods of dealing with illegal and objectionable content in cyberspace, such
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as the possible use of intelligence collected from Internet traffic and content to closing websites of terrorist organizations and their supporters,
Concerned with continued hacker attacks, which though not terrorism related, still demonstrate existing expertise in the field and thus providing a possibility of terrorist cyber attacks against computer systems, affecting the work of critical infrastructures, financial institutions or other vital networks,
1. Decides to intensify action by the OSCE and its participating States, notably by enhancing inter- national co-operation on countering the use of the Internet for terrorist purposes;
2. Calls on participating States to consider taking all appropriate measures to protect vital critical information infrastructures and networks against the threat of cyber attacks;
3. Calls on participating States to consider becoming party to and to implement their obligations under the existing international and regional legal instruments, including the Council of Europe’s Conventions on Cybercrime (2001) and on the Prevention of Terrorism (2005);
4. Encourages participating States to join the G8 24/7 Computer Crime Network and to nominate an appropriate unit/contact person for this network for the purpose of streamlining international law enforcement co-operation on combating the criminal misuse of cyberspace and in criminal cases that involve electronic evidence, as appropriate;
5. Calls on participating States, when requested to deal with content that is illegal under their national legislation and is hosted within their jurisdiction, to take all appropriate action against such content and to co-operate with other interested States, in accordance with their national leg- islation and the rule of law, and in line with their international obligations, including interna- tional human rights law;
6. Invites participating States to increase their monitoring of websites of terrorist/violent extremist organizations and their supporters and to invigorate their exchange of information in the OSCE and other relevant fora on the use of the Internet for terrorist purposes and measures taken to counter it, in line with national legislation, while ensuring respect for international human rights obligations and standards, including those concerning the rights to privacy and freedom of opin- ion and expression, and the rule of law. Duplication of efforts with ongoing activities in other inter- national fora should be avoided;
7. Recommends participating States to explore the possibility of more active engagement of civil society institutions and the private sector in preventing and countering the use of the Internet for terrorist purposes;
8. Encourages participating States to participate in the May 2007 “OSCE political conference on public-private partnership in countering terrorism” in Vienna that will focus on the vital role the private sector, including businesses, civil society and the media, can play in co-operating with gov- ernments to prevent and combat terrorism;
9. Tasks the Secretary General to promote, notably through the OSCE CounterTerrorism Network, the exchange of information on the threat posed by the use of the Internet for terrorist purposes, including incitement, recruitment, fund raising, training, targeting and planning terrorist acts, and on legislative and other measures taken to counter this threat.
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Decision No. 13/06
Combating Intolerance and Discrimination and Promoting Mutual Respect and Understanding
The Ministerial Council,
Recalling that respect for human rights and fundamental freedoms, democracy and the rule of law is at the core of the OSCE comprehensive concept of security,
Recognizing that manifestations of discrimination and intolerance threaten the security of indi- viduals and societal cohesion, and may give rise to widerscale conflict and violence,
Acknowledging that the promotion of a culture of mutual respect, understanding and equality and the pursuit of equal opportunities for effective participation in democratic societies requires a systematic, comprehensive and longterm approach,
Deeply concerned by racist, xenophobic and discriminatory public discourse,
Reaffirming the need for determination by the participating States in combating all acts and man- ifestations of hate, including hate crimes, recognizing that the efforts required to address them often involve a common approach, while at the same time recognizing the uniqueness of the man- ifestations and historical background of each form,
Recalling its commitments in the field of tolerance and non-discrimination enshrined in the 1975 Helsinki Final Act, the 1990 Charter of Paris for a New Europe, the 1991 Document of the Cracow Symposium on the Cultural Heritage of the CSCE Participating States, the 1999 Charter for Euro- pean Security, as well as in the decisions of the OSCE Ministerial Council adopted at Porto (MC(10). DEC/6), Maastricht (MC.DEC/4/03), Sofia (MC.DEC/12/04) and Ljubljana (MC.DEC/10/05),
Recalling the OSCE’s increased focus on combating intolerance and discrimination and promoting mutual respect and understanding, embodied in the 2003 Vienna Conferences on AntiSemitism and on Racism, Xenophobia and Discrimination, the April 2004 Berlin Conference on AntiSem- itism, the June 2004 Paris Meeting on the Relationship between Racist, Xenophobic and AntiSe- mitic Propaganda on the Internet and Hate Crimes, the September 2004 Brussels Conference on Tolerance and the Fight against Racism, Xenophobia and Discrimination, and the June 2005 Cor- doba Conference on AntiSemitism and on Other Forms of Intolerance and recalling the outcomes of those conferences,
Reaffirming its determination to implement the existing OSCE commitments in the fields of toler- ance and non-discrimination and noting the contribution of the 2006 tolerancerelated implemen- tationfocused thematic meetings on InterCultural, InterReligious and InterEthnic Understanding (Almaty), on Education to Promote Mutual Respect and Understanding and to Teach about the Holocaust (Dubrovnik) and on Hate Crimes Data Collection (Vienna),
Recognizing the work of the three Personal Representatives of the ChairmaninOffice in support of the overall effort of the OSCE to combat intolerance and discrimination and wishing a review of their contribution to this overall effort by the Chairman-in-Office, in consultation with the par- ticipating States, during the course of 2007,
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Acknowledging the essential role civil society can play in combating intolerance and discrimina- tion and promoting mutual respect and understanding,
Being alarmed at any rise of political parties, movements and groups advocating violence,
Also being concerned, in this context, at violent manifestations of extremism associated with rac- ism, xenophobia, anti-Semitism, aggressive nationalism and neoNazism,
Recalling the contribution of the OSCE to the UN Alliance of Civilizations Initiative with the goal of forging collective political will and mobilizing concerted action at the institutional and civil society levels to promote mutual respect and understanding, and noting the HighLevel Group’s report, presented to the UN SecretaryGeneral on 13 November 2006 in Istanbul, which aims at establishing, under the auspices of the UN, partnerships between international organizations that share the goals of the Alliance of Civilizations,
1. Decides to convene, during the first half of 2007, a HighLevel Conference on Combating Dis- crimination and Promoting Mutual Respect and Understanding, following up on the 2005 Cor- doba Conference on AntiSemitism and Other Forms of Intolerance and welcomes the offer by Romania to host that Conference;
2. Tasks the Permanent Council to consider ways to further strengthen the effectiveness, coherence and consistency of the work of the OSCE in combating intolerance and discrimination and pro- moting mutual respect and understanding, from 2007 onwards, with a view towards more effec- tive implementation of commitments;
3. Encourages the participating States to recognize the positive contribution that all individuals can make to the harmonious pluralistic character of our societies by promoting policies focusing on equality of opportunity, rights, access to justice and public services, and on fostering dialogue and effective participation;
4. Commits to raise awareness of the value of cultural and religious diversity as a source of mutual enrichment of societies and to recognize the importance of integration with respect for cultural and religious diversity as a key element to promote mutual respect and understanding;
5. Calls upon the participating States to address the root causes of intolerance and discrimination by encouraging the development of comprehensive domestic education policies and strategies as well as through increased awarenessraising measures that: • Promote a greater understanding of and respect for different cultures, ethnicities, religions or beliefs; • Aim to prevent intolerance and discrimination, including against Christians, Jews, Muslims and members of other religions; • Promote remembrance and education about the tragedy of the Holocaust, as well as other geno- cides, recognized as such in accordance with the 1948 Convention on the Prevention and Pun- ishment of the Crime of Genocide, and crimes against humanity;
6. Acknowledges the important contribution youth can make to the fight against intolerance and discrimination and encourages the continuation and further development of good practice activ- ities such as human rights education at an early age throughout the OSCE region and to organize an OSCE youth event in 2007 taking into account the experience and expertise of other relevant international and regional organizations in this field in order to avoid duplication;
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7. Decides to promote capacitybuilding of law enforcement authorities through training and the development of guidelines on the most effective and appropriate way to respond to biasmotivated crime, to increase a positive interaction between police and victims and to encourage reporting by victims of hate crime, i.e., training for frontline officers, implementation of outreach programmes to improve relations between police and the public and training in providing referrals for victim assistance and protection;
8. Deplores racist, xenophobic and discriminatory public discourse, and stresses that political rep- resentatives can play a positive role in the overall promotion of mutual respect and understand- ing and have a significant impact in defusing tensions within societies, by speaking out against hatemotivated acts and incidents and by recognizing the positive contributions that all individu- als can make to a harmonious pluralistic society;
9. Recognizes the essential role that the free and independent media can play in democratic socie- ties and the strong influence it can have in countering or exacerbating misperceptions, prejudices and in that sense encourages the adoption of voluntary professional standards by journalists, media selfregulation and other appropriate mechanisms for ensuring increased professionalism, accu- racy and adherence to ethical standards among journalists;
10. Underlines the crucial importance of States enacting a sound legal framework ensuring equal- ity before the law and adequate judicial protection and pursuing strategic policies and plans that facilitate nondiscrimination and equal opportunities;
11. Encourages the participating States to step up their efforts in implementing their commitments to collect and maintain reliable data and statistics on hate crimes which are essential for effective policy formulation and appropriate resource allocation in countering hatemotivated incidents and, in this context, also invites the participating States to facilitate the capacity development of civil society to contribute in monitoring and reporting hatemotivated incidents and to assist vic- tims of hate crimes;
12. Decides that the participating States should engage more actively in encouraging civil society’s activities through effective partnerships and strengthened dialogue and cooperation between civil society and State authorities in the sphere of promoting mutual respect and understanding, equal opportunities and inclusion of all within society and combating intolerance, including by estab- lishing local, regional or national consultation mechanisms where appropriate;
13. Encourages the OSCE executive structures, within their existing mandates, to incorporate ele- ments combating intolerance and discrimination and the promotion of mutual respect and under- standing into their current and future activities throughout the OSCE region;
14. Encourages the Office for Democratic Institutions and Human Rights (ODIHR), based on existing commitments, including through cooperation with relevant OSCE executive structures: (a) To further strengthen the work of its Tolerance and Non-Discrimination Programme, in par- ticular its assistance programmes, in order to assist participating States upon their request in implementing their commitments; (b) To further strengthen the work of the ODIHR’s Advisory Panel of Experts on Freedom of Reli- gion or Belief in providing support and expert assistance to participating States; (c) To continue its close cooperation with other relevant intergovernmental agencies and civil soci- ety working in the field of promoting mutual respect and understanding and combating intoler- ance and discrimination, including through hate crime data collection;
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(d) To continue to serve as a collection point for information and statistics on hate crimes and rel- evant legislation provided by participating States and to make this information publicly available through its Tolerance and NonDiscrimination Information System and its report on Challenges and Responses to Hate-Motivated Incidents in the OSCE Region; (e) To strengthen, within existing resources, its early warning function to identify, report and raise awareness on hatemotivated incidents and trends and to provide recommendations and assistance to participating States, upon their request, in areas where more adequate responses are needed;
15. Encourages the Representative on Freedom of the Media, within available resources, to con- sider reviewing best practices in matters of his/her competency relating to combating intolerance;
16. Looks forward to UN action on the report of the High Level Group of the Alliance of Civili- zations Initiative with a view to considering an appropriate OSCE contribution towards its imple- mentation.
Decision No. 14/06
Enhancing Efforts to Combat Trafficking in Human Beings, including for Labour Exploitation, through a Comprehensive and Proactive Approach
The Ministerial Council,
Seriously concerned that all forms of trafficking in human beings remain widespread in the OSCE region and beyond, in spite of intensified national and international efforts to counter the phe- nomenon,
Considering that trafficking in human beings is a grave and heinous crime that violates human dignity and undermines the enjoyment of human rights and fundamental freedoms, and that feeds organized criminal networks,
Recognizing that law enforcement, prosecution of perpetrators, protection, rehabilitation, inte- gration and reintegration of victims as appropriate, including their effective access to justice, as well as prevention, including by measures directed at the demand side, are important to effectively combat trafficking in human beings,
Underscoring that the complexity of trafficking in human beings requires a multidimensional and multi-actor response that should be coordinated at the national, regional and international levels,
Reiterating the support of the participating States for the ratification and implementation of the United Nations Convention against Transnational Organized Crime (Palermo Convention), and its supplementing Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children,
Reaffirming the significance of the OSCE Action Plan to Combat Trafficking in Human Beings, including its Addendum Addressing the Special Needs of Child Victims of Trafficking for Protec- tion and Assistance endorsed by the Ministerial Council in Ljubljana in 2005, and its implemen- tation by participating States,
Taking note of the outcome of the November 2006 Conference on Human Trafficking for Labour Exploitation/Forced and Bonded Labour, Prosecution of Offenders, Justice for Victims,
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Recalling the International Covenant on Economic, Social and Cultural Rights, in particular arti- cles 6 and 7 on the right to work and to the enjoyment of just and favourable conditions of work,
1. Calls on the participating States to continue engaging at a senior political level with the Special Representative on Combating Trafficking in Human Beings to enhance the implementation of the OSCE anti-trafficking commitments;
2. Urges the participating States to promote a comprehensive approach to combating all forms of trafficking in human beings through national, regional and international arrangements, coopera- tion and coordination between law enforcement personnel, labour inspectorates, social protection units, medical institutions, immigration and border service officials, civil society organizations, victim support services, and the business community and any other relevant actors, also includ- ing a gender-sensitive approach. To this end, the participating States are recommended to estab- lish National Referral Mechanisms (NRMs), as well as to appoint national coordinators;
3. Urges the participating States, with the support of the OSCE structures and institutions if requested, to improve research and the system of data collection and analysis, with due regard to the confidentiality of data, and where possible to disaggregate statistics by sex, age, and other rel- evant factors as appropriate, in order to better assess the character and scope of the problem and develop effective and well-targeted policies on trafficking in human beings. To this end, partici- pating States are recommended to consider appointing National Rapporteurs or similar independ- ent monitoring mechanisms;
4. Urges the participating States, in cooperation with international organizations and NGOs when appropriate, to seek to diminish the risk for repatriated victims to be retrafficked, particularly by addressing factors that make persons more vulnerable to trafficking in human beings such as pov- erty, discrimination, lack of access to education and economic opportunities, sexual abuse, and domestic violence and by conducting risk assessments to ensure that return of victims is done with due regard for their safety;
5. Underlines the importance of providing effective access to justice for victims of trafficking in human beings, including in the areas of counselling and information about their legal rights in a language that they can understand, as well as in providing the possibility to obtain compensation for damage suffered and calls on the participating States to implement their obligations under the relevant provisions of the UN Convention against Transnational Organized Crime (Palermo Con- vention) and its supplementing Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children;
6. Encourages the participating States to combat trafficking in human beings for labour exploita- tion in a more proactive manner, including by: (a) Ensuring that their national criminal legislation trafficking in human beings for labour exploita- tion complies with the requirements of the United Nations Protocol to Prevent, Suppress and Pun- ish Trafficking in Persons, especially Women and Children supplementing the UN Convention against Transnational Organized Crime. To this end the participating States are encouraged to ensure that such crimes can be appropriately identified and prosecuted; (b) Ensuring that minimum labour standards are reflected in their labour laws, and that their labour laws are enforced, in order to reduce the potential of trafficking in human beings for labour exploitation; (c) Conducting training programmes for relevant officials, as well as other persons likely to come into contact with presumed trafficking victims, such as health workers, social workers, labour
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inspectors, and others, in order to improve their ability to identify trafficking victims and refer them to assistance and protection services; (d) Ensuring that information campaigns to raise awareness of trafficking do not contribute to fur- ther stigmatizing vulnerable groups which may lead to greater vulnerability to human rights abuses; (e) Promoting outreach strategies, including in cooperation with relevant NGOs, to provide infor- mation on trafficking in human beings for labour exploitation to migrant communities and to persons working in low wage labour and particularly vulnerable sectors such as agriculture, con- struction, garment or restaurant industries, or as domestic servants, in order to improve victims’ access to assistance and justice and encourage persons with information on possible trafficking situations to refer victims to such assistance and to report to appropriate authorities for investiga- tion when there are reasonable grounds to believe that a crime has occured; (f) Developing and using advanced investigative methodology, in particular to allow cases of traf- ficking to be identified and prosecuted without relying only on victim testimony; (g) Sharing current operational best practices in police investigations of trafficking in human beings for labour exploitation, and ensuring that police working on trafficking in human beings have regular contact with their counterparts in other agencies responsible for investigating labour conditions as appropriate and have a multidisciplinary approach to identifying and protecting the rights of victims of trafficking for labour exploitation;
7. Tasks the Permanent Council to consider ways to further strengthen efforts to combat traffick- ing in human beings, including for labour exploitation, taking into consideration the relevant OSCE commitments, the Action Plan on Combating Trafficking in Human Beings and the out- come of the November 2006 Conference on Human Trafficking for Labour Exploitation/Forced and Bonded Labour, Prosecution of Offenders, Justice for Victims.
Decision No. 15/06
Combating Sexual Exploitation of Children
The Ministerial Council,
Recognizing that sexual exploitation of children is a grave and largescale problem throughout the OSCE region and beyond, with multiple, interlinked manifestations of all forms of sexual exploitation of children, including prostitution, child pornography, trafficking in children for sex- ual exploitation, sex tourism and forced marriages of children,
Recognizing that sexual exploitation of children violates human dignity and undermines the enjoy- ment of human rights and fundamental freedoms,
Considering that sexual exploitation of children constitutes a grave and heinous crime, in many cases involving organized crime, that must be prevented, investigated, prosecuted and penalized with all available means,
Underlining the need to address the broad range of factors that make children vulnerable to sex- ual exploitation, including economic disparities, lack of access to education, and discrimination, including gender-related discrimination, as well as the need to counter demand for child pornog- raphy and sex tourism and to prevent the actions of perpetrators,
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Considering that sexual exploitation of children is increasing and spreading through the use of new technologies such as the Internet,
Reaffirming all relevant OSCE commitments,
Taking note of the Resolution on Combating Trafficking and the Exploitation of Children in Por- nography, adopted by the OSCE Parliamentary Assembly in Brussels at its 15th Annual Session,
Mindful of the relevant provisions of pertinent international instruments, including the UN Con- vention on the Rights of the Child and the UN Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supple- menting the UN Convention against Transnational Organized Crime, as well as the decisions and recommendations of pertinent international bodies,
Taking into account the provisions of the Council of Europe Convention on Cybercrime (2001) relating to child pornography,
Recalling the Declaration and the Agenda for Action of the First World Congress against Com- mercial Sexual Exploitation of Children, which took place in Sweden in 1996, and the Yokohama Global Commitment adopted at the Second World Congress in Japan in 2001,
Taking note of the recommendations from the United Nations SecretaryGeneral’s Study on Vio- lence against Children* as well as the work of the United Nations Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography,
1. Condemns the sexual exploitation of children in all its forms, inter alia: (a) Through child prostitution and child pornography, including through offering, obtaining, pro- curing, providing, or recruiting a child for such purposes, or profiting from exploiting a child for such purposes; (b) When use is made of coercion, force, fraud, or threats, abuse of trust, authority or influence over a child, or the offering or giving of money or other forms of remuneration/consideration in exchange for sexual activities, including during times of armed conflict or in post-conflict situations; (c) The production, distribution, dissemination or transmission, offering or otherwise making available of all forms of child pornography (via computer systems, the Internet or by other means); (d) The intentional acquisition and possession of child pornography; (e) Trafficking of children for sexual exploitation;
2. Calls on the participating States to conform their legislation on this subject to their relevant international commitments and obligations;
3. Urges the participating States to adopt a holistic approach towards the problem of sexual exploita- tion of children, addressing root and contributing factors, including the demand that fosters all forms of sexual exploitation of children, and to develop comprehensive and proactive strategies and measures aimed at preventing and combating the sexual exploitation of children;
* UNGA A/61/299 distributed on 29 August 2006. The SecretaryGeneral’s report on Violence against Children was presented on 11 October 2006, to the 3rd Committee of the General Assembly (http://www.violencestudy. org), by the Independent Expert, Paulo Sergio Pinheiro (http://www.violencestudy.org/a30).
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4. Strongly urges the participating States to take all legal measures to prosecute the sexual exploita- tion of children, imposing penalties that are effective, proportionate and dissuasive. In this regard, encourages the participating States to consider legal measures that would allow them to prose- cute their citizens for serious sexual crimes against children, even if these crimes are committed in another country;
5. Calls upon the participating States to enhance the ability of law enforcement to proactively inves- tigate and prosecute offenders;
6. Calls on the participating States to facilitate legal protection, assistance, appropriate medical care, rehabilitation and reintegration programmes for child victims of sexual exploitation and, where appropriate, to ensure the safe return of trafficked children;
7. Calls on the participating States to raise awareness at all levels of society on the problem of the sexual exploitation of children;
8. Advises the participating States to develop compatible and exchangeable data registration sys- tems specific to the sexual exploitation of children, with due regard for the confidentiality of per- sonal data, and to promote comprehensive data collection mechanisms and research on the sexual exploitation of children;
9. Supports measures by the participating States, in collaboration with nongovernmental organ- izations (NGOs) and appropriate representatives of relevant sectors of the economy, such as the travel, hospitality or media industries, to eliminate demand for sexual exploitation of children;
10. Urges increased cooperation among the participating States for the detection, investigation, prosecution and punishment of those responsible for the sexual exploitation of children;
11. Recommends that the participating States establish training programmes concerning sexual exploitation of children for personnel, including those working in the areas of justice, policing, tourism, transport, social work, health care, civil society, religious organizations, and education;
12. Advocates that relevant authorities in the participating States, in accordance with national leg- islation concerning the protection of personal data, work with Internet service providers, credit- card companies, banks and other corporations as well as relevant NGOs, to ensure information related to the sexual exploitation of children is tracked and reported;
13. Recommends the creation of telephone or Internet hotlines, possibly in collaboration with NGOs, to which individuals can confidentially report instances of sexual exploitation of children, so that such reports can be investigated by law enforcement, and so that victims and their fami- lies can receive appropriate support;
14. Takes note of civil society initiatives to combat the sexual exploitation of children, including, inter alia, the Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism drawn up by ECPAT (End Child Prostitution, Child Pornography and Trafficking in Children for Sexual Purposes);
15. Tasks the OSCE executive structures, within their existing mandates, to examine ways of ensuring appropriate training and awareness raising regarding the problem of sexual exploitation of children for OSCE officials keeping in mind the Code of Conduct for OSCE Officials and Staff Instruction No. 11 addressing trafficking in human beings;
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16. Encourages relevant OSCE executive structures, within their existing mandates, to devote attention to the area of sexual exploitation of children, including links to trafficking in persons, and emphasizes the need for them and the participating States to cooperate with other interna- tional organizations, NGOs and civil society in combating the sexual exploitation of children.
Decision No. 17/06
Improvement of the Consultative Process
The Ministerial Council,
Bearing in mind the comprehensive approach of the OSCE to security, covering the politico-mil- itary, economic and environmental, and human dimensions, while recognizing the need for a cross-dimensional perspective, both in terms of conceptual approach and programme activities,
Taking note of the recommendation of the Panel of Eminent Persons for introducing a commit- tee structure in order to make the consultative and decision-making process more participatory, interactive and transparent, involving all the participating States more actively and effectively, and for broadening the ownership of the participatory process,
Recalling Ljubljana Ministerial Council Decision No. 17/05 on strengthening the effectiveness of the OSCE,
Recognizing the need for improved consultations and dialogue, also with a view to preparing debates, conclusions and decisions in the Permanent Council,
Mindful of the desirability to avoid setting up working groups and to discourage the creation of additional bodies,
Desiring to enhance cooperation, to address new threats to security more effectively and to pro- vide a comprehensive and more effective framework for political dialogue among all the partic- ipating States,
Decides to establish the following committees as informal subsidiary bodies of the Permanent Council:
A Security Committee (…)
An Economic and Environmental Committee, which will subsume the existing Economic and Environmental Subcommittee of the Permanent Council (…)
A Human Dimension Committee, which will perform the following tasks: • Discuss human dimension issues, including implementation of the commitments of the par- ticipating States; • Support the preparation of the Human Dimension Implementation Meetings and other human dimension meetings; • Consider, when so requested by the Chairmanship in consultation with participating States, cross-dimensional issues with a particular connection to the human dimension;
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• Discuss recommendations to the Permanent Council on the programme of work, including actions to follow up on recommendations made at the human dimension meetings;
Further decides that:
At the beginning of each year, the Chairmanship, in consultation with the participating States, will further clarify the tasks of the above-mentioned Committees and establish a work programme reflecting the objectives and priorities of the Organization, also taking into account the need to ensure adequate coverage of the cross-dimensional issues under consideration. (…)
The above-mentioned Committees will meet in an informal format and will report, provide advice, make recommendations and prepare relevant decisions for the Permanent Council through the Preparatory Committee. The relevant provisions of the OSCE Rules of Procedure, in particular Chapter V(A), will apply to the work of the Committees. (…)
As a rule, each Committee will meet at least once a month. At the initiative of the Chairmanship, or of the chairperson of the Committee, or at the request of one or more participating States, each Committee may meet as frequently as necessary, based on the need for consultations or the neces- sity to prepare for decision-making by the Permanent Council. The Chairmanship and chairpersons of the Committees will avoid convening meetings of informal subsidiary bodies simultaneously.
The Committees will examine issues within their competence at the request of the Chairmanship, the Permanent Council or one or more participating States.
Paragraphs 6 to 9 of Chapter V(A) of the OSCE Rules of Procedure will apply with regard to par- ticipation in meetings of the three newly established Committees in the same way as they apply to participation in meetings of the Preparatory Committee.
The Secretariat of the OSCE will provide support for the activities of the Committees.
This decision will be applicable for a period of one year from 1 January 2007. It will be subject to review by the Permanent Council at the end of 2007, with a view to deciding on its possible exten- sion taking into account the experience gained with the new structure.
Decision No. 19/06
Strengthening the Effectiveness of the OSCE
The Ministerial Council,
Taking into account the recommendations issued by the Panel of Eminent Persons (CIO.GAL/100/05 of 27 June 2005),
In fulfilment of Ministerial Council Decision No. 17/05 on strengthening the effectiveness of the OSCE,
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Reaffirming its full adherence to OSCE norms, principles and commitments, as enshrined in par- ticular in the 1975 Helsinki Final Act and the 1990 Charter of Paris for a new Europe, and which apply equally, and to all participating States,
Underlining the role of the Organization as a regional arrangement under Chapter VIII of the UN Charter and as a key instrument for early warning, conflict prevention, crisis management and post-conflict rehabilitation,
Reaffirming OSCE’s comprehensive approach to security and the importance of all three dimen- sions, the politicomilitary, the economic and environmental, and the human dimensions, while keeping in mind that many of its activities are of a cross dimensional nature,
Recognizing the common challenges of the participating States and the need to cooperate in a spirit of partnership and common purpose,
Calling on participating States to make full use of the Organization as a forum for political dialogue,
Encouraging the participating States to take advantage, as appropriate, of the assistance offered by the institutions and the field operations of the OSCE to implement their commitments,
Confirming its determination to strengthen the effectiveness of the OSCE and to keep the Organ- ization and its working practices continuously in line with the requirements of the time and the evolving challenges, pursuing in particular the following objectives: • Better focusing and prioritizing the work of the Organization in those areas where it has a com- parative advantage, • Ensuring the longterm coherence of priorities and action plans in accordance with OSCE com- mitments and decisions, • Improving the transparency and the effectiveness of the decisionmaking process based on sov- ereign equality of States and the rule of consensus, • Fostering among the participating States the sense of common purpose and of shared respon- sibilities,
Section 1: Report of the Permanent Council
1. Thanks the Permanent Council for the work carried out under Ministerial Council Decision No. 17/05 paragraph 1, and takes note of the report issued under the responsibility of the Chair- manship (MC.GAL/2/06); (…)
Section 2: Report of the ODIHR
1. Thanks the ODIHR for the work carried out under Ministerial Council Decision No. 17/05 par- agraph 2 and takes note of its report issued on 10 November 2006;
2. Recognizes that the ODIHR, in implementing its mandate, has demonstrated its ability to assist participating States in fulfilling their human dimension commitments;
3. Reminds the participating States that they should keep their legislation and practices in line with OSCE commitments;
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4. Takes note of the assessment regarding the present state of implementation of existing commit- ments by participating States and emphasizes, in particular, that participating States themselves are responsible for the effective implementation of their commitments undertaken in the OSCE. The ODIHR, in this respect, plays an important role in assisting them;
5. Tasks the Permanent Council, taking into account the recommendations by ODIHR and other relevant OSCE institutions, to address the implementation challenges in the areas outlined in the report, considering making better use of ODIHR assistance;
6. Takes note of the suggestions in the report relating to new commitments and requests the Per- manent Council to advise on them, in time for the Ministerial Council meeting in Madrid in 2007;
7. Recognizes ODIHR’s expertise in assisting the participating States through its election-related activities, including reviewing election legislation and carrying out election observations;
8. Commits to further develop OSCE’s election related activities, and in this context, reaffirms the provisions of the Document of the Copenhagen Meeting on the Human Dimension of the CSCE (1990) as the corner stone of the common OSCE commitments of the participating States to pro- tect and promote human rights and fundamental freedoms, including those that are necessary for achieving democratic elections;
9. Notes that relevant provisions of the Budapest Summit Declaration (1994), the Lisbon Summit Declaration (1996), the Istanbul Summit Declaration (1999), the Charter for European Security (1999) and subsequent decisions of the Ministerial Councils of Porto (2002) and Maastricht (2003) have supplemented those commitments;
10. Reaffirms the commitments of the participating States to invite observers to elections from other participating States, the ODIHR, the OSCE Parliamentary Assembly and appropriate insti- tutions and organizations that wish to observe;
11. Emphasizes that the participating States can themselves effectively contribute to enhance the integrity of the electoral process by seconding observers;
12. Recognizes the ongoing need to ensure accountability, objectivity, transparency and profes- sionalism of election observation;
13. Agrees that ODIHR should put into practice the improvements and recommendations con- cerning election related activities, including as contained in the report, and particularly as listed below, and will regularly submit reports on their implementation, through its Director, for review by the Permanent Council as appropriate: • To further strengthen the observation methodology and assistance programmes; • To ensure as wide as possible geographical coverage in ODIHR’s election activities; • To further diversify the participation of short-term, long-term and “core team” observers based on increased support of a wider range of participating States, by encouraging the participating States to contribute to the diversification fund, by supporting national training efforts and by developing OSCEwide networks of election observation practitioners; • While maintaining the highest professional standards, to further increase the transparency of recruitment of members of observation teams, including by active advertising, training, com- petitive procedures and open rosters for heads of election observation missions and “core team”
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members, which are regularly communicated to participating States and available through pub- licly accessible databases; • To give utmost attention to the independence, impartiality and professionalism of ODIHR’s election observation; • To enhance the linguistic inclusiveness and ensure that languages used would not affect in any way the effectiveness of the observation;
14. Stresses that election observation is a common endeavour involving the OSCE/ODIHR, the OSCE Parliamentary Assembly and other parliamentary institutions;
15. Recognizes that close cooperation with the OSCE Parliamentary Assembly considerably enhances the visibility of the OSCE’s election observation efforts, and calls on the ODIHR to continue to work in partnership with the Parliamentary Assembly on election observation missions on the basis of the 1997 Co-operation Agreement;
16. Welcomes the suggestions of further efforts to increase the effectiveness of the ODIHR’s assis- tance provided to the participating States at their request and including by making better use of the Human Dimension meetings.
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I. Statements and Declarations by the Ministerial Council
Ministerial Statement on Supporting the United Nations Global Counter-Terrorism Strategy
1. We, the members of the Ministerial Council of the OSCE, remain concerned about the persis- tent terrorist threat in the OSCE area.
2. We reaffirm the existing OSCE counter-terrorism commitments and the intention to maintain our counter-terrorist activities as priorities for the OSCE.
3. We recognize the leading role of the United Nations in the international efforts against terrorism and support the UN Global Counter-Terrorism Strategy adopted on 8 September 2006 by the UN General Assembly, which we look upon as providing guidance for OSCE counter-terrorism activ- ities, since the Strategy outlines a comprehensive global approach towards countering terrorism by addressing not only its manifestations, but also the conditions conducive to its spread, within a framework based on human rights and the rule of law and complying with all obligations under international law, in particular international human rights law, refugee law and humanitarian law.
4. We recall the comprehensive global approach of the Strategy towards countering terrorism by addressing not only its manifestations, but also the conditions conducive to its spread, including but not limited to, prolonged unresolved conflicts, dehumanization of victims of terrorism in all its forms and manifestations, lack of rule of law and violations of human rights, ethnic, national and religious discrimination, political exclusion, socioeconomic marginalization and lack of good governance, while recognizing that none of these conditions can excuse or justify acts of terrorism.
5. We note that the UN General Assembly encourages regional organizations “to support the imple- mentation of the Strategy, including through mobilizing resources and expertise”.
6. We recall the commitment to implement all UN Security Council resolutions related to inter- national terrorism, recognizing that many States continue to require assistance in their imple- mentation.
7. We support the OSCE Secretariat’s work to promote the implementation of the Strategy, in par- ticular the annual high-level consultations between representatives of the Council of Europe, the Organization for Security and Co-operation in Europe and the United Nations (Vienna, Febru- ary 2007) in the “Tripartite-Plus” format, as well as the roundtables for counter-terrorism practi- tioners from regional organizations and counterterrorism centres in Copenhagen (July 2006) and Vilnius (June 2007), organized by the OSCE Action against Terrorism Unit.
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8. We are satisfied that the OSCE approach to the fight against terrorism corresponds to that of the UN Strategy, because, among other things, it promotes the rule of law, respect for human rights and effective criminal justice systems, all of which constitute the fundamental basis of our com- mon fight against terrorism, and that all our counter-terrorist activities could be seen as a contri- bution to the Strategy’s implementation. The OSCE, in particular its participating States, assisted when necessary by the Secretariat, institutions and field presences, will continue to implement counter-terrorism commitments and could focus, albeit not exclusively, on the following activities:
9. The OSCE will continue promoting the international legal framework against terrorism, in par- ticular the universal anti-terrorism conventions and protocols, encouraging participating States to become parties to them and to implement their obligations under these instruments;
10. After conducting, in the period 2005–2007, in co-operation with the UN Office on Drugs and Crime (UNODC), a number of workshops at the OSCE-wide, subregional and national levels, aimed at enhancing international legal co-operation in criminal matters related to terrorism on the basis of the principle of extradite or prosecute, and recognizing the emphasis the UN Strategy places on prosecution and related judicial co-operation, the Secretariat will continue its legal co-operation programme with particular – though not exclusive – attention to training assistance to judicial officials at the subregional and national levels; (…)
12. Having developed a comprehensive programme on travel document security, which fully cor- responds to the call of the UN Strategy to step up efforts and co-operation to improve security of manufacturing and issuing of identity and travel documents, the OSCE Action against Terror- ism Unit will strengthen its efforts to facilitate the deployment of technical platforms for access- ing Interpol’s stolen and lost travel documents database at border control points, will encourage States to report data on lost and stolen documents to Interpol, and will continue to promote tech- nological upgrades of travel documents and the implementation of a comprehensive and secure handling and issuance process, in line with ICAO standards, that protects identity and strength- ens civil registry systems which would respect the principle of non-discrimination;
13. Participating States will co-operate fully in the fight against terrorism, in accordance with their obligations under international law, in order to find, deny safe haven to and bring to justice, on the basis of the principle of extradite or prosecute, any person who supports, facilitates, participates in or attempts to participate in the financing, planning, preparation or perpetration of terrorist acts or provides safe havens. Participating States will take appropriate measures in conformity with the relevant provisions of national and international law, including international standards of human rights, before granting refugee status, for the purpose of ensuring that the asylum seeker has not planned, facilitated or participated in the commission of terrorist acts. They will ensure, in con- formity with international law, that refugee status is not abused by the perpetrators, organizers or facilitators of terrorist acts, and that claims of political motivation are not recognized as grounds for refusing requests for the extradition of alleged terrorists;
14. Remaining seriously concerned about the use of the Internet for terrorist purposes, the OSCE participating States will continue the exchange of information about this threat, and take other measures in accordance with Ministerial Council Decision No. 7/06 on countering the use of the Internet for terrorist purposes;
15. The OSCE will support efforts by the UN Counter-Terrorism Committee/ CounterTerrorism Committee Executive Directorate to advance implementation of UN Security Council resolution 1624 (2005);
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16. The OSCE will continue its participation in processes for the resolution of protracted conflicts, which are among the conditions conducive to terrorism;
17. The OSCE will continue its activities in countering violent extremism and radicalization that lead to terrorism. Intolerance and discrimination must be addressed and countered by the OSCE’s participating States and OSCE’s executive structures within their respective mandates. The Per- manent Council, with the support of the Secretariat and institutions, will consider in 2008 how the OSCE, with a multidimensional approach, could contribute to the development of a better understanding of the phenomena of violent extremism and radicalization that lead to terrorism, through sharing of national experiences; (…)
19. The OSCE will remain committed to the promotion of public-private partnerships in counter- ing terrorism and will continue involving the private sector (civil society and the business com- munity) in its counter-terrorism activities; (…)
21. Working in close co-operation with UNODC, the OSCE will remain seized of the threat of illicit drugs, following up on activities successfully carried out in 2006 and 2007 on this issue;
22. The Office for Democratic Institutions and Human Rights will continue to assist participating States, at their request, in ensuring that their counterterrorism initiatives are human rights compli- ant, pursuant to their OSCE commitments. The ODIHR will continue to offer technical assistance and advice on the human rights aspects of the drafting and implementation of national legislation aimed at countering the threats posed by terrorism, violent extremism and radicalization that lead to terrorism, and will continue to facilitate dialogue between State and non-governmental actors with a view to exploring areas of cooperation and mutual assistance;
23. The OSCE institutions will continue their overall effort aimed at combating intolerance and discrimination and promoting mutual respect and understanding, inter alia through projects and programmes involving all sectors of society;
24. The OSCE will continue addressing the issue of solidarity with the victims of terrorism, draw- ing, inter alia, on Permanent Council Decision No. 618 on solidarity with victims of terrorism and taking note of the High-Level Meeting on Victims of Terrorism held in Vienna in September 2007.
25. We reiterate that the OSCE, including its Secretariat, institutions and field presences, is ready to work closely with the United Nations system, and other international and regional organizations for the implementation of the UN Global Counter-Terrorism Strategy. The OSCE will continue supporting the UN in its counter-terrorism efforts and will cooperate with other international and regional organizations active in this area, facilitating their capacity-building assistance to partici- pating States, supporting and promoting their counterterrorism and security standards, identified as best practices for countering terrorism as well as contributing to networking between coun- ter-terrorism practitioners from participating States and international and regional organizations to bring about better cooperation and synergies in their work, thus making its contribution to the global effort against terrorism.
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II. Decisions of the Ministerial Council
Decision No. 8/07
Combating Trafficking in Human Beings for Labour Exploitation
The Ministerial Council,
Reaffirming our determination to combat all forms of trafficking in human beings, as well as reaf- firming the commitments that the participating States have undertaken in the field of combating trafficking in human beings and the resolve to implement them,
Recalling the tasking of the Brussels Ministerial Council Decision No. 14 to consider ways to fur- ther strengthen efforts to combat trafficking in human beings, including for labour exploitation (MC.DEC/14/06),
Reaffirming furthermore the OSCE Action Plan to Combat Trafficking in Human Beings, which provides participating States with a comprehensive toolkit for combating all forms of trafficking in human beings by protecting victims, preventing trafficking in human beings and prosecuting those who facilitate or commit the crime,
Reiterating the support of the participating States for the ratification and implementation of the United Nations Convention against Transnational Organized Crime and its supplementing Pro- tocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children,
Seriously concerned that trafficking in human beings remains widespread in the OSCE region and beyond, despite national and international efforts to prevent it and to bring to justice those responsible,
Recognizing the need to strengthen further the framework of OSCE commitments to address the challenges of trafficking for labour exploitation,
Recognizing the vulnerability of children to trafficking for labour exploitation and the special needs of child victims,
Emphasizing that policies and practices to address trafficking for labour exploitation, which arises within the formal and informal economy, should be comprehensive and therefore include enforce- ment of labour laws,
Underlining that measures to address trafficking for labour exploitation should be formulated with and encourage greater participation of labour actors, including workers and employers organiza- tions, labour administrators and inspectors,
Reaffirming the OSCE commitments concerning travel document security,
Recognizing that persons with irregular immigration status are likely to be more vulnerable to trafficking for labour exploitation,
Reaffirming the need to ensure respect for human rights and in this context recalling the core international human rights instruments of the United Nations, including, as they may apply to those particularly vulnerable to trafficking for labour exploitation,
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Recognizing the challenges of identification of and assistance to victims, including their uncer- tainty regarding their eventual residential status, and that might arise out of the use of intimida- tion and the exploitation of victim’s fears by traffickers, and recognizing the need for complaints procedures that encourage victims to come forward,
Calls on participating States to:
1. Ensure that victims of trafficking for labour exploitation have access to justice;
2. In conformity with domestic law and international obligations, provide a reflection delay and grant temporary or permanent residence permits to victims of trafficking, allow for the provision of work permits to victims during their stay, and raise awareness of such opportunities;
3. Ensure the provision of assistance to victims of trafficking for labour exploitation, and in par- ticular access to shelter, healthcare, legal assistance and social assistance taking into considera- tion the recommendations in Part V of the OSCE Action Plan to Combat Trafficking in Human Beings and its Addendum Addressing the Special Needs of Child Victims of Trafficking for Pro- tection and Assistance, and raise awareness about the availability of such services;
4. Provide increased efforts and more effective procedures to identify victims of trafficking and, in this respect, provide training and resources necessary for this task to their labour inspectors and, where appropriate, step up inspections in sectors vulnerable to labour exploitation;
5. Support and promote partnerships between civil society, including NGOs, and State agencies with a labour protection mandate to monitor working conditions, to provide, among others, assistance to victims and prevent trafficking for labour exploitation and violation of labour laws, including through targeted awareness-raising programmes or voluntary codes of conduct;
6. Consider allowing, in accordance with national law, for alternate representation for victims of trafficking for labour exploitation in proceedings where the victim is unable to do so;
7. Consider elaborating or strengthening their legislation that offers victims of trafficking for labour exploitation the possibility of obtaining compensation for damage suffered, including, where appro- priate, restitution of wages owed to them;
8. Increase multi-agency cooperation and interaction on labour trafficking issues among their labour and immigration officials, law enforcement, judicial officials and social services provid- ers, including through the establishment or strengthening, as appropriate, of national referral mechanisms as recommended in the OSCE Action Plan to Combat Trafficking in Human Beings;
9. Ensure that civil society organizations, which legally provide assistance to victims of trafficking for labour exploitation, are not penalized or criminalized for providing such assistance;
10. Provide, in accordance with the basic principles of their legal system, for the possibility, where appropriate, of not imposing penalties on victims for their involvement in unlawful activities, to the extent that they have been compelled to do so;
11. Ensure effective complaint procedures where individuals can report in a confidential manner circumstances that might be indicative of a situation of trafficking for labour exploitation, such as exploitative working and living conditions;
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12. Develop indicators taking into account, as appropriate, those developed by the ILO Commit- tee of Experts to ensure consistency and transparency in the identification of victims of traffick- ing for labour exploitation and in the detection of situations of trafficking for labour exploitation;
13. Consider further expert discussion of how to distinguish cases of trafficking for labour exploita- tion from other situations of irregular employment;
14. Ensure effective and proportionate sanctions against those who facilitate trafficking for labour exploitation, including exploitative employers;
15. Ensure effective sanctions when employers or recruitment agencies create situations of debt bondage;
16. Develop programmes to curb the fraudulent recruitment used by some employment agencies that can make persons more vulnerable to being trafficked;
17. Consider ensuring that contractors who knowingly use subcontractors involved in trafficking for labour exploitation can be held accountable for that crime;
18. Consider providing training for judges, prosecutors, police officers and labour inspectors con- cerning trafficking for labour exploitation, from the perspectives of both prosecution and victim protection, and in this respect, ensure, where necessary, adequate resources are provided;
19. Target awareness-raising campaigns in countries of origin, transit and destination, directed in particular at groups vulnerable to trafficking for labour exploitation;
20. Intensify efforts to prevent child labour, by considering signing and ratifying the ILO Conven- tion on the Worst Forms of Child Labour, 1999, if they have not already done so, and if they are already parties to it, by implementing its provisions;
21. Increase co-operation at an international level by sharing information and best practices on combating trafficking for labour exploitation, and examining ways to strengthen collaboration concerning law enforcement as well as victim protection and reintegration assistance in situa- tions of repatriation;
22. Improve data collection and analysis of the nexus between trafficking for labour exploitation and migration and share such information with other OSCE participating States.
Decision No. 9/07
Combating Sexual Exploitation of Children on the Internet
The Ministerial Council,
Alarmed that the growth of the Internet has generated an enormous global expansion of the view- ing and distribution of child pornography and of its profits, including for criminal organizations,
Reaffirming participating States commitment to implement Brussels Ministerial Council Deci- sion No. 15/06 and taking note of the efforts of the OSCE executive structures to assist participat- ing States in this regard,
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Taking into account the proceedings of the 20 and 21 September 2007 experts meeting on the sexual exploitation of children on the Internet and of the 18 and 19 October 2007 Supplementary Human Dimension Meeting on combating the sexual exploitation of children,
Determined to combat this growing phenomenon, including through increasing OSCE activity to address it, decides to:
1. Encourage participating States that have not already done so to establish a national operational centre, or other structure as appropriate, to increase co-ordination and to involve to the extent possible public private partnership in order to more effectively address issues related to sexual exploitation of children;
2. Call on participating States that have not already done so to collect and store information, in accordance with national provisions on the protection of personal data, on persons convicted of child sexual exploitation or abuse in order to facilitate the apprehension of perpetrators and mon- itoring of their probation, and to develop, where appropriate, instruments to enable the exchange of information internationally among law enforcement agencies pertaining to sex offenders’ con- victions and disqualifications;
3. Encourage participating States that have not already done so to establish a system that allows law enforcement to work with public broadcasting and quickly send out a public alert when a child is found missing, when appropriate;
4. Urge participating States that have not already done so to consider criminalizing the intentional acquisition and possession of child pornography, given that the viewing and possession of child pornography stimulates the growth of this illicit industry;
5. Advocate that participating States that have not already done so set up specific national hot- lines for the reporting of child abuse, including sexual exploitation of children on the Internet;
6. Call on participating States to support, as appropriate, increased data collection and research on sexual exploitation of children and child pornography on the Internet in order to better under- stand the scope and trends of the problem and thereby increase the effectiveness of programmes to combat it;
7. Advocate that participating States, in accordance with national legislation concerning the pro- tection of personal data, work not only on a national basis but also on an international basis with Internet service providers, credit-card companies, banks and other relevant corporations to prevent the use of the Internet for sexual exploitation of children and to impede payment methods in order to make the crime less profitable in order to address demand for child pornography on the Internet;
8. Reiterate our call on the participating States to facilitate legal protection, assistance, appropriate medical care, rehabilitation and reintegration programmes for child victims of sexual exploitation and, where appropriate, to ensure the safe return of children trafficked internationally;
9. Urge OSCE participating States to further enhance specialized training for law enforcement, teachers and health professionals, as appropriate, on combating child pornography on the Internet, including by taking advantage of existing programmes such as that offered by the International Centre for Missing and Exploited Children, and tasks the relevant OSCE executive structures to facilitate contacts in this regard;
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10. Task the relevant OSCE executive structures to assist OSCE participating States, on their request, with the implementation of this decision and Ministerial Council Decision No. 15/06, within avail- able resources and without prejudice to existing activities;
11. Task, within existing resources, the OSCE Secretariat to set up within the POLIS website of its Strategic Police Matters Unit a multilingual section devoted to combating sexual exploitation of children on the Internet, and in this regard the POLIS section should create an expert forum that would facilitate access of participating States’ law enforcement agencies to best practices and available investigative techniques or software, access to legislative drafting assistance or legislative models, and provide awareness-raising information and web links for the public;
12. Task the OSCE Secretariat to organize in 2008 an OSCE on-line workshop through the POLIS website on sexual exploitation of children on the Internet, funded with extrabudgetary contributions;
13. Task the Secretary General, in consultation with the participating States, to consider ways to increase OSCE expertise on the issue, within existing resources and with due regard to the activ- ities of other international organizations;
14. Invite OSCE Partners for Co-operation to voluntarily share the commitments of the partici- pating States on combating sexual exploitation of children.
Decision No. 10/07
Tolerance and Non-Discrimination: Promoting Mutual Respect and Understanding
The Ministerial Council,
Reaffirming that respect for human rights and fundamental freedoms, democracy and the rule of law is at the core of the OSCE comprehensive concept of security, and that tolerance and non-dis- crimination are important elements in the promotion of human rights and democratic values,
Reaffirming that manifestations of discrimination and intolerance threaten the security of individu- als and societal cohesion and reiterating that they may give rise to widerscale conflict and violence,
Concerned by hate crimes throughout the OSCE region and acknowledging the need for co-oper- ation to combat effectively such crimes, and taking note of the ODIHR’s report on “Hate Crimes in the OSCE Region: Incidents and Responses”, as tasked by participating States,
Recognizing the role that national parliaments play by enacting hate crime and antidiscrimina- tion legislation, as well as serving as a forum for a national debate, and recognizing also the role that the Parliamentary Assembly plays in raising awareness of existing OSCE commitments in the field of tolerance and non-discrimination,
Highlighting the work of the three Personal Representatives of the ChairmaninOffice in support of the overall effort of the OSCE to combat intolerance and discrimination, and looking forward to the conclusions of the review by the ChairmaninOffice, in consultation with the participating States,
Underscoring that the primary responsibility for addressing acts of intolerance and discrimina- tion rests with participating States, including their political representatives,
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Reaffirming its commitment to raise awareness of the value of cultural and religious diversity as a source of mutual enrichment of societies and to recognize the importance of integration with respect for cultural and religious diversity as a key element to promote mutual respect and understanding,
Acknowledging the important role youth can play in fostering mutual respect and understanding between cultures and religions contributing to the promotion of democracy, human rights and fundamental freedoms, and in this regard taking note of the Youth Forum held in Madrid on 5 and 6 November 2007,
Recognizing that manifestations of intolerance and discrimination can undermine the efforts to protect the rights of individuals, including migrants, refugees and persons belonging to national minorities and stateless persons,
Recognizing the importance of freedom of religion or belief and education on tolerance and non-discrimination as a means to promote mutual respect and understanding and in this regard taking note of the presentation of the “Toledo Guiding Principles on Teaching about Religions and Beliefs in Public Schools”,
Reiterating the interest of the OSCE in the Alliance of Civilizations initiative with a view to consider- ing an appropriate OSCE contribution to the implementation phase of the High-Level Group’s report,
Noting the appointment of the United Nations High Representative for the Alliance of Civiliza- tions and his presentation of the Implementation Plan (2007–2009) to the Group of Friends Min- isterial Meeting in September 2007 in New York, as well as the upcoming First Annual Forum of the Alliance in Madrid in January 2008,
Recalling the OSCE commitments on promoting tolerance and nondiscrimination, as undertaken by previous Ministerial Councils, and taking note of the outcomes of the various conferences focus- ing on tolerance and nondiscrimination,
Appreciating the OSCE High Level Conference on Combating Discrimination and Promoting Mutual Respect and Understanding, follow-up to the 2005 Cordoba Conference on Anti-Semi- tism and Other Forms of Intolerance, held in Bucharest in June 2007, and noting the Declaration made by the Chairman-in-Office – Bucharest Declaration,
Recalling furthermore the OSCE Chairmanship Conference on Intolerance and Discrimination against Muslims held in Cordoba in October, and noting the “Chairmanship Cordoba Declara- tion on Combating Intolerance and Discrimination against Muslims”,
Acknowledging the specificity of different forms of intolerance, while at the same time recogniz- ing the importance of taking a comprehensive approach and addressing crosscutting issues in such fields as, inter alia, legislation, law enforcement, data collection and monitoring of hate crimes, education, media and constructive public discourse and the promotion of intercultural dialogue, in order to effectively combat all forms of discrimination,
1. Calls for continued efforts by political representatives, including parliamentarians, strongly to reject and condemn manifestations of racism, xenophobia, antiSemitism, discrimination and intolerance, including against Christians, Jews, Muslims and members of other religions, as well as violent manifestations of extremism associated with aggressive nationalism and neo-Nazism, while continuing to respect freedom of expression;
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2. Underlines the continued need for participating States to collect and maintain reliable data and statistics on hate crimes and incidents, to train relevant law enforcement officers and to strengthen cooperation with civil society;
3. Encourages the promotion of educational programmes in the participating States in order to raise awareness among youth of the value of mutual respect and understanding;
4. Reiterates the recognition of the essential role that the free and independent media can play in democratic societies and the strong influence it can have in countering or exacerbating misper- ceptions and prejudices and in that sense continues to encourage the adoption of voluntary pro- fessional standards by journalists, media self-regulation and other appropriate mechanisms for ensuring increased professionalism, accuracy and adherence to ethical standards among journalists;
5. Calls on participating States to increase their efforts, in co-operation with civil society to coun- ter the incitement to imminent violence and hate crimes, including through the Internet, within the framework of their national legislation, while respecting freedom of expression, and under- lines at the same time that the opportunities offered by the Internet for the promotion of democ- racy, human rights and tolerance education should be fully exploited;
6. Calls for a strengthened commitment to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area;
7. Calls on participating States to protect migrants legally residing in host countries and persons belonging to national minorities, stateless persons and refugees from racism, xenophobia, discrim- ination and violent acts of intolerance and to elaborate or strengthen national strategies and pro- grammes for the integration of regular migrants, which also requires active engagement of the latter;
8. Encourages participating States to share best practices in their legislation, policies and pro- grammes that help to foster inclusive societies based on respect for cultural and religious diver- sity, human rights and democratic principles;
9. Commits to ensure efficient follow-up on the work done so far by the participating States and relevant OSCE institutions, particularly ODIHR through its Tolerance and NonDiscrimination programme, to promote within their mandates tolerance and nondiscrimination, underlining the importance of implementing the existing OSCE commitments taking into account the experience and expertise of other relevant international and regional organizations in this field in order to avoid duplication, and shall consider future conferences at the political level, possibly at regular intervals, with implementation meetings in 2008;
10. Encourages the establishment of national institutions or specialized bodies by the participating States which have not yet done so, to combat intolerance and discrimination as well as the devel- opment and implementation of national strategies and action plans in this field, drawing on the expertise and assistance of the relevant OSCE institutions, based on existing commitments, and the relevant international agencies, as appropriate;
11. Decides to consider an appropriate OSCE contribution to the implementation phase of the Alli- ance of Civilizations’ High-Level Group recommendations, taking into account the Implementa- tion Plan prepared by the United Nations High Representative for the Alliance of Civilizations, and recommends that the OSCE Secretary General, in consultation with the Chairman-in-Office, attends the upcoming first Annual Forum of the Alliance in Madrid and reports on its outcome to the participating States.
306 Document of the Sixteenth Meeting of the Ministerial Council Helsinki 2008
I. Statements and Declarations by the Ministerial Council
Ministerial Declaration on the Occasion of the 60th Anniversary of the Universal Declaration of Human Rights
We, the members of the Ministerial Council of the OSCE, reaffirm our strong commitment to the Universal Declaration of Human Rights (“the Universal Declaration”), adopted by the United Nations General Assembly on 10 December 1948.
On the occasion of the 60th anniversary of the adoption of the Universal Declaration, we recom- mit ourselves to act in conformity with the purposes and principles of the Charter of the United Nations and with the Universal Declaration of Human Rights.
In the spirit of the Helsinki Final Act, we underline the principles guiding relations between par- ticipating States enshrined therein, in particular the respect for human rights and fundamental freedoms.
We stress that all human rights are universal.
We remain committed to respecting the inherent dignity of the human being, as recognized in the Universal Declaration and relevant OSCE documents to which we have agreed.
We declare that the rights contained in the Universal Declaration remain relevant.
We reaffirm to ensure the full implementation of the OSCE human dimension commitments. All OSCE commitments without exception apply equally to each participating State.
We reaffirm the inseparable connection between ensuring respect for human rights and maintain- ing peace, justice, wellbeing for peoples and stability, as recognized by the OSCE concept of com- mon and comprehensive security.
Taking into account the principles guiding relations between participating States enshrined in the Helsinki Final Act, we reaffirm that the commitments undertaken in the field of the OSCE human dimension are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned as stipulated in the 1991 Moscow document.
We recognize the valuable contribution of the OSCE in promoting and protecting the rights enshrined in the Universal Declaration. We recognize, in particular, the work of the Office for Dem- ocratic Institutions and Human Rights (ODIHR) in assisting the participating States, in accord- ance with its mandate, in implementing human dimension commitments.
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On the occasion of the tenth anniversary of the Office of the Representative on Freedom of the Media, we recognize the work of this institution in promoting independent and pluralistic media essential to a free and open society and accountable systems of government. We call on partici- pating States and Partners for Cooperation to create an environment where free and independ- ent media can flourish.
On the occasion of the 15th anniversary of the High Commissioner on National Minorities, we recognize the role played by the High Commissioner.
We remain committed to undertake to build, consolidate and strengthen democracy in our coun- tries.
We remain committed to the rule of law and equal protection under the law for all, based on respect for human rights and effective, accessible and just legal systems.
We stress that everyone has the right to life, liberty and security of person; no one shall be held in slavery, and no one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.
We recognize that human rights are best respected in democratic societies, where decisions are taken with maximum transparency and broad participation. We support a pluralistic civil soci- ety and encourage partnerships between different stakeholders in the promotion and protection of human rights.
We reiterate that everyone has the right to freedom of thought, conscience, religion or belief; free- dom of opinion and expression, freedom of peaceful assembly and association. The exercise of these rights may be subject to only such limitations as are provided by law and consistent with our obli- gations under international law and with our international commitments.
Ministerial Declaration on the 60th Anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide
We, the members of the Ministerial Council of the OSCE, mark the 60th anniversary of the Conven- tion on the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948 (hereinafter referred to as the Convention).
We acknowledge that the Universal Declaration of Human Rights recognized the inherent dig- nity and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world and we also reiterate relevant commitments enshrined in the Helsinki Final Act.
We reaffirm the significance of the Convention as an important international instrument for the prevention and punishment of the crime of genocide.
We call upon the participating States, which have not yet done so, to consider becoming Parties to the Convention as early as possible and be part of this global framework to prevent and punish the crime of genocide. We further call upon the State-Parties to increase and intensify their activ- ities aimed at the full implementation of their obligations under the Convention.
We note that in adopting the Convention, the United Nations recognized that the crime of geno- cide was an odious scourge which had inflicted great losses on humanity and was convinced that
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international cooperation was required to facilitate the speedy prevention and punishment of the crime of genocide.
We recognize that genocide is one of the most serious crimes under international law which is con- demned by international community as a whole and can never be justified.
II. Decisions of the Ministerial Council
Decision No. 5/08
Enhancing Criminal Justice Responses to Trafficking in Human Beings through a Comprehensive Approach
The Ministerial Council,
Highlighting its serious concern that trafficking in human beings remains widespread in the OSCE region,
Considering that trafficking in human beings is a grave and heinous crime that violates human dignity and undermines the enjoyment of human rights and fundamental freedoms, and that feeds organized criminal networks,
Taking note of the Council of Europe Convention on Action against Trafficking in Human Beings,
Reaffirming all OSCE commitments to combat trafficking in human beings with special regard to the OSCE Action Plan to Combat Trafficking in Human Beings, including its Addendum on Addressing the Special Needs of Child Victims of Trafficking for Protection and Assistance (the OSCE Action Plan), and the need for their implementation,
Reiterating the important role of the Special Representative and Coordinator for Combating Traf- ficking in Human Beings (Special Representative) in assisting the participating States to imple- ment the OSCE commitments on combating human trafficking,
Reiterating its concern that, despite sustained measures taken at the international, regional and national levels, the number of victims of human trafficking which have been identified and assisted remains limited, and few traffickers have been brought to justice,
Recognizing that providing victims of human trafficking with adequate protection and assistance and enhancing victim identification are among the prerequisites for an effective criminal justice response, including the prosecution of traffickers and their accomplices, to human trafficking,
Reiterating that the commitment to combat this crime applies equally to countries of origin, tran- sit and destination,
Reaffirming our support for efforts by the participating States in cooperation with international and regional organizations, nongovernmental organizations and other relevant bodies to con- sider a comprehensive, coordinated and integrated approach to combating trafficking in human beings, which includes, inter alia, measures for preventing trafficking in human beings, protect- ing and assisting victims, with full respect for their human rights, and prosecuting traffickers, as
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well as to combating the activities of transnational criminal organizations and others that profit from the trafficking in human beings,
Taking note of the OSCE Conference on Successful Prosecution of Human Trafficking: Challenges and Good Practices that took place in Helsinki, on 10 and 11 September 2008,
Determined to enhance effective criminal justice responses to trafficking in human beings,
1. Encourages those participating States that have not yet done so to ensure that all forms of traf- ficking in human beings as defined in the OSCE Action Plan are criminalized in their national legislation and that perpetrators of human trafficking do not enjoy impunity;
2. Encourages the participating States to ensure that training on combating trafficking in human beings is included in the curricula for law enforcement personnel and that specialized anti-traf- ficking training is provided for relevant officials in national prosecution services and the judiciary. Each participating State will take into account policies and consequences regarding trafficking in human beings when instructing its military and civilian personnel to be deployed abroad;
3. Urges the participating States to ensure that law enforcement agencies and where appropri- ate the judiciary cooperate with each other and with other bodies including social services, and where appropriate with relevant civil society organizations in order to enhance identification of victims of human trafficking;
4. Encourages the participating States where appropriate and where provided for by their respec- tive laws to ensure that civil society organizations engaged in protecting the rights of victims of trafficking have a possibility to provide assistance and support to victims also during criminal proceedings, and in this context, to consider establishing cooperation between law enforcement agencies and civil society organizations;
5. Calls on the participating States to ensure that, when authorities have reasonable
grounds to believe that a person is a victim of human trafficking, that person will not be deported until the identification process has been adequately completed, and that person has been given appropriate assistance, including, if required under domestic law, an appropriate recovery and reflection period during which deportation shall not be enforced;
6. Encourages the participating States to ensure that victims of human trafficking have access with- out undue delay to secure accommodation, psychological and medical treatment and counselling regarding their legal rights and the services available to them;
7. Calls on the participating States that have not yet done so to provide for special measures of pro- tection and assistance for child victims of human trafficking throughout criminal proceedings, in accordance with the principles of the best interest of the child, nondiscrimination, participation and the opportunity for the child to be heard;
8. Urges the participating States that have not yet done so to ensure that investigations into or prosecution of human trafficking shall not be dependent upon a report or accusation by a victim;
9. Calls on the participating States to continue their efforts to ensure that victims of human traf- ficking are treated in a manner that respects the full enjoyment of human rights without threat
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of intimidation or harassment, and to recognize victims’ need to have adequate time to recover from trauma;
10. Encourages the participating States to take measures in accordance with the conditions under their respective laws so that victims of human trafficking have the possibility of obtaining fair and appropriate compensation for damage they have suffered, and to claim damages during criminal and/or civil proceedings as appropriate;
11. Calls for increased cooperation by national law enforcement and prosecution agencies with rel- evant international bodies, including Interpol and Europol, and with the law enforcement agencies of other participating States, for example, through the use of liaison officers or joint investigative teams, where doing so would enhance the efficiency and effectiveness of criminal justice responses;
12. Urges the participating States to intensify measures to disrupt trafficking networks, includ- ing by means of financial investigations, investigations of money laundering connected to human trafficking and the freezing or confiscation of the assets of human traffickers;
13. Tasks the Special Representative within existing resources as a part of regular reporting to the Permanent Council to recommend, in cooperation with the participating States, ways to further enhance criminal justice responses to trafficking in human beings.
Decision No. 6/08
Enhancing OSCE Efforts to Implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area
The Ministerial Council,
Reaffirming the OSCE’s commitments regarding Roma and Sinti, especially those in the 2003 Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area,
Recognizing the important framework the Action Plan provides for the promotion and protection of the human rights of Roma and Sinti people by the participating States,
Calling upon the participating States to enhance their efforts to ensure that Roma and Sinti people are able to participate fully in societies and to take measures to eradicate discrimination against them,
Reminding that racism and discrimination continue to affect Roma and Sinti across the OSCE area and that participating States have committed themselves to strengthen their policies and the practical measures they undertake to counter these phenomena,
Recalling the importance of Roma culture and language as a part of the cultural heritage of many countries and as an integral element of Roma and Sinti identity,
Noting the ODIHR’s Status Report 2008 (Status Report) on the Implementation of the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area as a means for supporting the effective implementation of OSCE commitments related to Roma and Sinti,
Reiterating the input of the ODIHR Contact Point for Roma and Sinti Issues in the process of reg- ular review and assessment of the implementation of the Action Plan,
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Recalling the importance of relevant OSCE institutions and structures in supporting the imple- mentation of the Action Plan and also stressing the importance of effective coordination and coop- eration within the OSCE,
Taking note of the Supplementary Human Dimension Meeting that took place on 10 and 11 July 2008 on sustainable policies for Roma and Sinti integration,
Determined to enhance OSCE efforts to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area,
1. Urges the participating States to provide for equal access to education and to promote early education for Roma and Sinti children, as an instrument for preventing social exclusion and mar- ginalization and for effecting a longterm improvement in the situation of Roma and Sinti. In this context, underlines that educational policies should aim to integrate Roma and Sinti people into mainstream education;
2. Calls upon the ODIHR, within existing resources, to assist participating States upon their request in promoting access of Roma and Sinti children to early education. In this regard, urges partic- ipating States when appropriate to undertake awareness raising initiatives, also including Roma and Sinti communities, on the benefits of early education;
3. Calls on the participating States, in cooperation with Roma and Sinti people to step up their efforts in raising awareness among Roma and Sinti of the importance of school enrolment and continuous school attendance;
4. Encourages the participating States to take into consideration Roma and Sinti issues when reviewing their legislation and policies affecting Roma and Sinti, especially in the priority areas of the 2003 Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area;
5. Calls for appropriate national authorities relevant to the situation of Roma and Sinti, such as those relating to minorities, access to health services, education, housing, antidiscrimination work, police and media, to enhance their efforts to ensure the implementation of OSCE commitments within national legislation on equality and nondiscrimination. In this context, special attention should be paid to the situation of Roma women and girls;
6. Encourages the participating States who have not yet done so to put in place institutional frame- works involving Roma and relevant governmental bodies, at appropriate levels in order to facilitate the implementation of policies and programmes aimed at improving the situation of Roma and Sinti;
7. Encourages participating States to reinforce their efforts to actively engage Roma and Sinti com- munities in policy making concerning Roma and Sinti and to promote effective participation by Roma and Sinti in public and political life;
8. Calls for continued coordination and cooperation within existing resources within the OSCE and with relevant international actors such as the Council of Europe and the European Union when appropriate;
9. Calls for enhanced efforts to raise awareness of OSCE commitments on Roma and Sinti and in this regard stresses the value of reporting by the Director of ODIHR as part of his regular report- ing to the Permanent Council on the status of implementation of the Action Plan, as stipulated in Chapter X, articles 133 and 134 of the Action Plan itself.
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Decision No. 7/08
Further Strengthening the Rule of Law in the OSCE Area
The Ministerial Council,
Reaffirming the OSCE participating States’ commitments to the rule of law and to the Principles Guiding Relations between participating States in the 1975 Helsinki Final Act, as well as to the fulfilment in good faith of obligations under international law and reiterating the OSCE partici- pating States’ determination to foster strict respect for these principles,
Recalling the OSCE documents adopted in Vienna 1989, Copenhagen 1990, Moscow 1991, Buda- pest 1994 and Istanbul 1999 and Ljubljana Ministerial Council Decision No. 12/05 on Upholding human rights and the rule of law in criminal justice systems,
Recalling also the Universal Declaration of Human Rights and taking note of the International Covenant on Civil and Political Rights,
Recalling also other relevant United Nations documents affirming, inter alia, the need for uni- versal adherence to and implementation of the rule of law at both the national and international levels, the commitment to an international order based on the rule of law and international law,
Underlining the importance we attach to human rights, the rule of law and democracy, which are inter-linked and mutually reinforcing,
Underlining also the importance of the rule of law as a cross-dimensional issue for ensuring the respect for human rights and democracy, security and stability, good governance, mutual eco- nomic and trade relations, investment security and a favourable business climate as well as its role in the fight against corruption, organized crime and all kinds of illegal trafficking including in drugs and weapons as well as trafficking in human beings, thus serving as a basis for political, economic, social and environmental development in the participating States,
Underlining also the importance of the rule of law in the implementation of OSCE decisions and documents in the politico-military sphere,
Taking into account activities related to the rule of law of relevant OSCE executive structures, in particular, the Secretariat, the ODIHR and the OSCE field operations, to assist participating States to enhance rule of law capacities, and taking also into account the role of the OSCE Parliamentary Assembly to promote respect for the rule of law in the OSCE area,
Taking into account relevant OSCE events concerning rule of law, in particular the 2008 OSCE Human Dimension seminar on the issue of Constitutional Justice as well as relevant Supplemen- tary Human Dimension Meetings,
Taking into account participating States’ ongoing and envisaged bilateral activities regarding the rule of law,
Underlining the importance of providing the OSCE with a legal personality, legal capacity, privi- leges and immunities and thus strengthening the legal framework of the OSCE,
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1. Calls on the OSCE participating States to honour their obligations under international law and to observe their OSCE commitments regarding the rule of law at both international and national levels, including in all aspects of their legislation, administration and judiciary;
2. Calls on participating States to contribute, where appropriate, to OSCE projects and programmes supporting the rule of law;
3. Encourages the relevant OSCE executive structures, in accordance with their mandates and within existing resources, in cooperation with relevant international organizations, to further identify and use synergies in assisting participating States, upon their request, in strengthening of the rule of law;
4. Encourages participating States, with the assistance, where appropriate, of relevant OSCE exec- utive structures in accordance with their mandates and within existing resources, to continue and to enhance their efforts to share information and best practices and to strengthen the rule of law, inter alia in the following areas: • Independence of the judiciary, effective administration of justice, right to a fair trial, access to court, accountability of state institutions and officials, respect for the rule of law in public admin- istration, the right to legal assistance and respect for the human rights of persons in detention; • Honouring obligations under international law as a key element of strengthening the rule of law in the OSCE area; • Adherence to the principle of peaceful settlement of disputes; • Respect for the rule of law and human rights in the fight against terrorism according to their obligations under international law and OSCE commitments; • Prevention of torture and other cruel, inhuman or degrading treatment or punishment, includ- ing through cooperation with the applicable intergovernmental bodies; • Efficient legislation and an administrative and judicial framework in order to facilitate economic activities, trade and investments in participating States and between them; • Respect for the rule of law with regard to the protection of the natural environment in the OSCE area; • Awareness-raising for issues related to the rule of law in courts, law enforcement agencies, police and penitentiary systems as well as in training for legal professionals; • Education on the rule of law as well as interaction and exchange opportunities for legal pro- fessionals, academics and law students from different participating States in the OSCE region; • The role of constitutional courts or comparable institutions of the participating States as an instrument to ensure that the principles of the rule of law, democracy and human rights are observed in all state institutions; • The provision of effective legal remedies, where appropriate, and the access thereto; • The observation of rule of law standards and practices in the criminal justice system; • The fight against corruption;
5. Tasks the relevant OSCE executive structures, in close consultation and cooperation with par- ticipating States and within existing resources, to organize a seminar focussing on rule of law in 2009 which could serve as a platform for exchanging best practices between the participating States on issues related to the rule of law.
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Decision No. 8/08
OSCE Contribution to the Implementation Phase of the Alliance of Civilizations Initiative
The Ministerial Council,
Recognizing the need to promote mutual understanding and cooperative relations among nations across cultures and civilizations,
Resolved to counter radicalization and violent extremism that lead to terrorism,
Underlining the role of the OSCE as a regional arrangement under Chapter VIII of the United Nations Charter,
Highlighting the continued interest of the OSCE in the “Alliance of Civilizations” initiative, estab- lished under the auspices of the United Nations, in line with the Ljubljana, Brussels and Madrid Ministerial Council decisions,
Reiterating our commitments to combating intolerance and discrimination and to promoting mutual respect an understanding,
Recalling the initial contribution of the OSCE to the Alliance of Civilizations initiative, presented to the UN Secretary General in 2006,
Taking into account the Implementation Plan prepared by the United Nations High Representa- tive for the Alliance of Civilizations initiative,
Decides, within existing resources, to:
1. Authorize the OSCE Secretary General to follow the evolution of the Alliance of Civilizations, to consider cooperation on Alliance of Civilizations projects in areas of common interest and mutual benefit that advance implementation of OSCE commitments, and tasks him to report to participating States;
2. Recommend that the OSCE Secretary General, in consultation with the ChairmaninOffice, attends the upcoming Second Forum Meeting of the Alliance of Civilizations initiative, to be held on 2 and 3 April 2009 in Istanbul, and reports on its outcome to the participating States.
Decision No. 10/08
Further Promoting the OSCE’s Action in Countering Terrorism
The Ministerial Council,
Reemphasizing the OSCE participating States’ determination to combat terrorism in all its forms and manifestations, as a crime that has no justification, whatever its motivation or origin, and to conduct this fight with respect for the rule of law and in accordance with their obligations under international law, in particular international human rights, refugee and humanitarian law,
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Reaffirming the existing OSCE counterterrorism commitments and the intention to maintain counterterrorism activities among the priorities of the OSCE,
Reaffirming the OSCE participating States’ support for the UN Global CounterTerrorism Strategy,
Welcoming the G8 Leaders’ Statement on CounterTerrorism adopted on 9 July 2008 at the Hok- kaido Toyako Summit,
Reiterating the need to address conditions that may foster and sustain terrorism, in particular by fully respecting democracy and the rule of law, by allowing all citizens to participate fully in polit- ical life, by preventing discrimination and encouraging intercultural and interreligious dialogue in their societies, by engaging civil society in finding common political settlement for conflicts, by promoting human rights and tolerance and by combating poverty,
Recalling, inter alia, the Sofia Ministerial Statement on Preventing and Combating Terrorism (2004), the Brussels Ministerial Statement on Supporting and Promoting the International Legal Framework against Terrorism (MC.DOC/5/06) and the Madrid Ministerial Statement on Support- ing the United Nations Global CounterTerrorism Strategy (MC.DOC/3/07),
Recalling the Madrid Ministerial Council Decision No. 5/07 on PublicPrivate Partnerships in Countering Terrorism and the Madrid Ministerial Council Decision No. 6/07 on Protecting Crit- ical Energy Infrastructure from Terrorist Attack,
Taking note of the Followup OSCE PublicPrivate Partnership Conference: Partnership of State Authorities, Civil Society and the Business Community in Combating Terrorism, organized in Vienna on 15 and 16 September 2008, which contributed to identifying possible areas for further cooperation in the field of publicprivate partnerships in countering terrorism,
Taking note of the Workshop on Preventing Violent Extremism and Radicalization that Lead to Terrorism, held on 24 October 2008 in Vienna which identified a need for better understanding of the phenomena and for multidimensional responses,
Taking note of the Workshop on Enhancing Legal Cooperation in Criminal Matters related to Terrorism, held on 1 and 2 April 2008 in Ankara, Turkey, which underlined the need to enhance cooperation in this regard,
Taking note also of the 2008 OSCE Sub-Regional Central Asian Public Private Partnership Con- ference, held on 4 and 5 November 2008 in Bishkek, Kyrgyz Republic, which showed the impor- tance of the development of publicprivate partnerships for countering terrorism at the regional and subregional level,
Taking note of the review carried out in the UN system of the implementation of the UN Global CounterTerrorism Strategy, which provides guidance for the OSCE’s counterterrorism activities, and its contribution to invigorating global counterterrorism efforts,
1. Calls upon the participating States and the OSCE executive structures to continue their efforts aimed at actively contributing to the implementation of the UN Global CounterTerrorism Strat- egy and other UN counterterrorism documents;
2. Calls upon the participating States to continue promoting publicprivate partnerships with civil society, media, the business community and industry in countering terrorism, including through
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the dissemination of lessons learned and exchange of relevant information and national best prac- tices both at the OSCE and national, subregional and regional levels, where appropriate;
3. Tasks the Secretary General and relevant OSCE executive structures to support the organiza- tion in 2009 of expertlevel seminars, workshops and simulations, within available resources, that would encourage publicprivate partnership initiatives in such areas as cooperating with civil soci- ety and the media in countering terrorism, promoting intercultural and interreligious dialogue in countering terrorism, protecting nonnuclear critical energy infrastructure from terrorist attacks, and combating the financing of terrorism and money laundering, especially with regard to the implementation of the Financial Action Task Force’s (FATF) Special Recommendations on Ter- rorist Financing;
4. Calls upon the OSCE participating States to make use of the OSCE executive structures in countering violent extremism and radicalization that lead to terrorism in their respective coun- tries. To this end, participating States are encouraged to continue to exchange ideas and national best practices about their strategies and measures to counter violent extremism and radicaliza- tion that lead to terrorism as well as to enhance their cooperation with media, the business com- munity, industry and civil society;
5. Tasks the Secretary General, in consultation with relevant OSCE executive structures, to prepare a report, within existing resources, on their counterterrorism activities. The report should reflect existing mandates and OSCE commitments in the counterterrorism area and should assess OSCE counterterrorism activities, taking into account OSCE capacities and resources, and be submitted to participating States by 1 April 2009 for further discussion in relevant bodies. Thereafter, as pro- vided for in MC(10).DEC/3, the participating States will review implementation of OSCE commit- ments in combating terrorism at the 2009 Annual Security Review Conference;
6. Encourages the Partners for Cooperation to voluntarily implement the provisions of this decision and invites them to participate in the activities to be carried out in the framework of this decision.
317 Document of the Seventeenth Meeting of the Ministerial Council Athens 2009
I. Statements and Declarations by the Ministerial Council
Ministerial Declaration on the OSCE Corfu Process: Reconfirm-Review- Reinvigorate Security and Co-operation from Vancouver to Vladivostok
1. We, the Foreign Ministers of the 56 participating States of the Organization for Security and Co-operation in Europe, meet, for the second time this year after our informal meeting in Corfu, to mark the significant progress that we have achieved together since the reunification of Europe and the elimination of Europe’s old divisions. We reconfirm that the vision of a free, democratic and more integrated OSCE area, from Vancouver to Vladivostok, free of dividing lines and zones with different levels of security remains a common goal, which we are determined to reach.
2. To achieve this goal, much work remains to be accomplished. We continue to be seriously con- cerned that the principles of the Helsinki Final Act and OSCE commitments are not fully respected and implemented; that the use of force has not ceased to be considered as an option in settling disputes; that the danger of conflicts between States has not been eliminated, and armed conflicts have occurred even in the last decades; that tensions still exist and many conflicts remain unre- solved; that stalemates in conventional arms control, resolution of disagreements in this field, resumption of full implementation of the CFE Treaty regime, and restoration of its viability require urgent concerted action by its States Parties; and that our common achievements in the fields of the rule of law, human rights and fundamental freedoms need to be fully safeguarded and fur- ther advanced. This is occurring at a time when new emerging transnational threats require, more than ever, common responses.
3. We recognize that these security challenges, further accentuated by the ongoing international financial and economic crisis, should be tackled with a renewed commitment to achieve results through multilateral dialogue and co-operation. At this stage, our highest priority remains to re-establish our trust and confidence, as well as to recapture the sense of common purpose that brought together our predecessors in Helsinki almost 35 years ago. In this context, we welcome the dialogue on the current and future challenges for security in the Euro-Atlantic and Eurasian area, initiated at the 2008 Helsinki Ministerial Council and launched by the Greek Chairmanship in June 2009 as the “Corfu Process”, aimed at achieving the aforementioned goals. We consider the first ever OSCE Informal Ministerial Meeting in Corfu, with broad participation, as a mile- stone in this process, where we expressed our political will to confront security challenges, in all three OSCE dimensions.
4. The Corfu Process has already improved the quality and contributed to the revitalization of our political dialogue in the OSCE on security and co-operation from Vancouver to Vladivostok. We are committed to continue and further develop this process, setting ambitious, concrete and prag- matic goals, while also focusing on the key issues identified in our work so far. The OSCE, due to
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its broad membership and its multidimensional approach to common, comprehensive, co-oper- ative and indivisible security, provides the appropriate forum for this dialogue. We welcome the valuable contributions of all relevant organizations and institutions dealing with security, on the basis of the Platform for Co-operative Security.
5. The dialogue within the Corfu Process will be grounded in the OSCE and in the principles of equality, partnership, co-operation, inclusiveness and transparency. It will aim at addressing dis- agreements openly, honestly and in an unbiased manner, acknowledging our diversities and con- cerns, in a spirit of mutual respect and understanding. It will build on three basic guidelines: (a) Adherence to the concept of comprehensive, co-operative and indivisible security, as enshrined in the OSCE fundamental documents; (b) Compliance with OSCE norms, principles and commitments in all three OSCE dimensions, in full and in good faith, and in a consistent manner by all; (c) Determination to strengthen partnership and co-operation in the OSCE area, as well as to enhance the effectiveness of the OSCE and its contribution to security in our common space.
6. The Corfu Process will be taken forward by our Permanent Representatives to the OSCE in Vienna, in accordance with the decision we are adopting today. We remain committed to provide strong political impetus to the Corfu Process, and we are looking forward to reassessing its pro- gress in 2010, in the format and level that we will deem appropriate, taking into consideration the results we achieve. (…)
Ministerial Declaration on the Sixty-Fifth Anniversary of the end of the World War II
The year 2010 marks the sixty-fifth anniversary of the end of the battles of the World War II, which caused unprecedented suffering and destruction. That war proved to be one of the greatest trage- dies to afflict the peoples of Europe and the world. It lasted for six and a half years and took tens of millions of lives. The war brought about violations of human rights and freedoms as well as crimes against peace, war crimes and crimes against humanity.
We mourn all people who lost their lives, as victims of the war, the Holocaust, occupations and acts of repression. We honour veterans and all those who fought for the victory of humanity against fascism, dictatorship, oppression and aggression. Time will not diminish the meaning of their sac- rifice and we will never forget their heroic exploits.
Resolved to prevent the recurrence of such a European and international catastrophe, our coun- tries made a clear and unequivocal commitment to peace, security and democracy, in particular by founding the United Nations and through the establishment of regional organizations. Today we are proud of our common achievements and we hail the progress that has been made in the past sixty-five years in overcoming the tragic legacy of World War II, towards achieving global peace and security, reconciliation, international and regional co-operation and the promotion of democratic values, human rights and fundamental freedoms. We stress the important role that the CSCE and OSCE have played in this regard in the past decades.
Recalling the Helsinki Final Act, the Charter of Paris for a New Europe, the Charter for European Security, and other agreed OSCE documents we should not tolerate dividing lines and we shall spare no effort to avoid the emergence of new ones in the OSCE area, and to eliminate sources of hostility, tensions and confrontation. We reiterate our position that within the OSCE no State or
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group of States can consider any part of the OSCE area as its sphere of influence. We are deter- mined to continue our collective efforts with a view of creating a common and indivisible space of security in the OSCE area, based on democracy, the rule of law, economic prosperity, social justice, and respect for human rights and fundamental freedoms, including the rights of persons belonging to national minorities. This
remains our common purpose.
An honest and thorough research on the history of World War II contributes to reconciliation.
We have learned from history the danger of intolerance, discrimination, extremism and hatred on ethnic, racial and religious grounds. We are committed to combat these threats, including through the OSCE, and we reject any attempts to justify them.
We strongly condemn any denial of the Holocaust. We condemn all forms of ethnic cleansing. We confirm our adherence to the UN Convention on the Prevention and Punishment of the Crime of Genocide adopted on 9 December 1948 and call on the participating States to take every possible action to ensure that attempts to commit genocide are prevented today and in the future. The per- petrators of such crimes should be brought to justice.
The lessons of the World War II are still of relevance today, when we need to unite our efforts and resources to address threats and challenges to our common security and stability and to defend our common principles. New times have brought new threats and challenges, one of the most dan- gerous of which is terrorism. We will fight this and other threats to security together, inter alia, through the OSCE.
We are convinced that the peaceful resolution of all existing conflicts, the observance of the norms of international law, the aims and principles of the UN Charter, the fulfilment of commitments contained in the Helsinki Final Act and other agreed OSCE documents are the best way to pay tribute to those who struggled for peace, freedom, democracy and human dignity, to commemo- rate all victims of World War II, to overcome the past, and to save present and future generations from the scourge of war and violence.
Ministerial Declaration on the Occasion of the 25th Anniversary of the Adoption of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Pumishment
1. We, the members of the Ministerial Council of the OSCE, reaffirm our strong commitment to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punish- ment, adopted by the UN General Assembly on 10 December 1984, to which all OSCE participat- ing States have become parties.
2. On the occasion of the 25th anniversary of the adoption of this Convention we reaffirm that, as also set forth in the Universal Declaration of Human Rights, no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
3. We recognize that torture is a most serious crime and affirm that freedom from torture and other forms of cruel, inhuman or degrading treatment or punishment is a non-derogable right, which protects the inherent dignity and integrity of the human person.
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4. We strongly condemn all forms of torture and other cruel, inhuman or degrading treatment or punishment, which are and shall remain prohibited at any time and in any place whatsoever and can never be justified.
5. We are seriously concerned that torture and other cruel, inhuman or degrading treatment or punishment still take place in many parts of the world, including in OSCE participating States.
6. We therefore pledge to uphold the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment as set forth in the Convention, to implement fully and in good faith its provisions, and to act in full conformity with all its principles.
7. We call upon the participating States, which have not yet done so, to give early consideration to becoming parties to the Optional Protocol to the Convention.
8. We also reaffirm our determination to implement fully our common OSCE commitments to eradicate torture and other cruel, inhuman or degrading treatment or punishment.
9. We shall intensify our efforts to take persistent, determined and effective measures to prevent and combat torture and other cruel, inhuman or degrading treatment or punishment and to ensure full rehabilitation of torture victims.
10. We recognize the valuable contribution of the OSCE in promoting the principles and provi- sions laid down in the Convention.
11. We consider it important to co-operate fully to this end with the applicable international inter- governmental bodies.
12. We commend the persistent efforts of civil society working to prevent torture and other cruel, inhuman or degrading treatment or punishment and to alleviate the suffering of victims.
II. Decisions of the Ministerial Council
Decision No. 1/09
Furthering the Corfu Process
The Ministerial Council,
Commending the initiative of the Greek Chairmanship for launching a wide-ranging and open Vienna-based dialogue on the key issues of wider European security, initiated on the basis of the outcome of our informal Ministerial meeting in Corfu,
Encouraged by the positive spirit of this dialogue and taking into account the many proposals put forward by the delegations in the course of this dialogue,
Recognizing the need to continue the Corfu process and deepen the dialogue in order to promote understanding and enhance confidence; also, to take forward proposals aimed at strengthening the OSCE’s capabilities for addressing security threats and at delivering concrete results, in the context of ensuring a comprehensive and balanced approach to security,
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To this end, decides:
1. To task the OSCE Chairmanship in 2010, in close consultation with the successive FSC Chairman- ships, to continue the informal, regular and open dialogue, in the framework of the Corfu Process, through regular informal meetings, at the level of permanent representatives, reinforced by capi- tals, as appropriate, in order to extend the areas of agreement and contribute to consensus building.
Taking into account the initial assessment of the main threats and challenges to our security and co-operation, identified in the Corfu Process so far, the future dialogue will focus on issues per- taining to: • Implementation of all OSCE norms, principles and commitments; • Role of the OSCE in early warning, conflict prevention and resolution, crisis management and post-conflict rehabilitation; • Role of the arms control and confidence – and security-building regimes in building trust, in the evolving security environment; • Transnational and multidimensional threats and challenges; • Economic and environmental challenges; • Human rights and fundamental freedoms, as well as democracy and the rule of law; • Enhancing the OSCE’s effectiveness; • Interaction with other organizations and institutions, on the basis of the 1999 Platform for Co-operative Security.
In the framework of the Corfu Process, participating States may raise any issue they consider per- tinent.
2. Based on the results of the informal meetings of the permanent representatives, the OSCE Chairmanship, in close consultation with the FSC Chairmanship, will submit, by the end of June 2010, an interim report summarizing proposals put forward by the participating States within the Corfu Process, to a joint reinforced meeting of the Permanent Council and the Forum for Secu- rity Co-operation, for further consideration and possible decisions.
3. That the PC and the FSC, within their mandates and, as necessary, jointly, will examine the interim report and consider actions, on the proposals therein, as appropriate.
4. Upon request, the OSCE executive structures will provide, within their mandates, assistance and expert input, as appropriate. The OSCE Parliamentary Assembly may also contribute to the Corfu Process.
The Chairmanship, after close consultation with participating States, will invite the OSCE Part- ners for Co-operation, international, regional and subregional organizations and institutions, as well as representatives of the academic and NGO communities to contribute to the discussions, on an ad hoc basis.
5. The engagement of the Permanent Council and the Forum for Security Co-operation in the Corfu Process will not detract from their mandates, regular agendas and activities.
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Decision No. 2/09
Further OSCE Efforts to Address Transnational Threats and Challenges to Security and Stability
The Ministerial Council,
Recognizing that the evolving security environment in the 21st century, along with the process of globalization, create new threats and challenges to security and stability of transnational and mul- tidimensional nature, which require comprehensive, multidimensional and collective responses,
Reaffirming that strict compliance with the international law and principles of the Charter of the United Nations remains the focus of efforts to prevent and combat threats to stability and secu- rity and that the UN Security Council bears primary responsibility for the maintenance of inter- national peace and security and continues to play a crucial role in contributing to security and stability in the world,
Confident that the OSCE can make a real contribution to the development of co-operative responses to these challenges, drawing upon its broad membership, its thematic expertise and its signature concept of common, comprehensive, co-operative and indivisible Commending the active role played by the OSCE across its region in the field of transnational threats through its Secretariat, institutions and field operations as important instruments in assisting all participating States to implement their commitments in all three dimensions, and reaffirming the importance of strength- ening co-operation with the Parliamentary Assembly on all relevant issues,
Reaffirming that respect for human rights and fundamental freedoms, democracy and the rule of law is at the core of the OSCE’s comprehensive concept of security, and recognizing that strong democratic institutions and the rule of law play an important role in preventing transnational threats from arising,
Considering that inter-State and intra-State conflicts throughout the OSCE area may give rise to instability and other types of risks and threats, such as terrorism, proliferation of weapons of mass destruction, excessive and destabilizing accumulation and uncontrolled spread of SALWs, human rights violations, mass expulsion, deterioration of the socio-economic situation and illegal migration,
Recognizing that non-compliance with international law and with OSCE norms and principles, as well as a range of factors within the politico-military, economic and environmental and human dimensions lie behind the immediate causes of violent conflicts,
Commending the OSCE’s contribution to global counter-terrorism efforts, in particular in support of the UN efforts and through close co-operation with other international and regional organiza- tions, as well as the OSCE’s pioneering programmes in such areas as countering the use of the Inter- net for terrorist purposes; promoting public-private partnerships to counter terrorism; enhancing travel document security and legal co-operation in criminal matters related to terrorism; counter- ing violent extremism and radicalization that lead to terrorism; protecting critical energy infra- structure from terrorist attacks,
Taking note of the OSCE’s contribution to international efforts to fight organized crime, including illicit traffic in narcotic drugs, smuggling of migrants, illegal migration and trafficking in human beings, as well as other transnational threats through the provision of relevant law enforcement expertise and assistance to the participating States,
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Recalling our commitment to enhance the OSCE’s role in civilian police-related activities as an integral part of the organization’s efforts in conflict prevention, crisis management and post-con- flict rehabilitation; and taking note of the OSCE’s police-related activities, including providing capacity building, democratic police training and training in key policing skills,
Taking note of the progress achieved in the OSCE border security and management activities on the basis of the 2005 OSCE Border Security and Management Concept, and reaffirming the importance of strengthening OSCE capacities to promote open and secure borders and enhancing mutually ben- eficial inter-State co-operation, where appropriate, as a means to address the threats of terrorism, organized crime, illegal migration, and the illicit trafficking in weapons, drugs and human beings,
Commending the progress achieved in the implementation of MC.DEC/4/07 on OSCE engagement with Afghanistan and calling for intensified implementation of this decision,
Mindful that threats to security and stability in the OSCE region are more likely to arise as dest- abilizing consequences of developments that cut across the politico-military, economic and envi- ronmental and human dimensions,
Bearing in mind that transnational threats to participating States can also stem from areas adjacent to the OSCE region, and as such require responses that are closely co-ordinated with the OSCE Partners for Co-operation and relevant international and regional organizations,
Reaffirming the continued relevance of the 2003 OSCE Strategy to Address Threats to Security and Stability in the 21st century, which provides a multidimensional, comprehensive and co-op- erative basis for OSCE activities in this regard,
Commending the ongoing work of the Permanent Council and the Forum for Security Co-oper- ation to address transnational threats, within their respective mandates,
Recognizing the willingness of participating States to promote a comprehensive OSCE approach to enhancing cyber security, as evidenced by the results of the March 2009 OSCE workshop on this issue,
Appreciating the efforts of the Secretariat in assisting the participating States to address transna- tional threats and challenges in the economic and environmental dimension, including on such issues as illegal migration, good governance, transport, energy security, and security implications of environmental challenges,
Reaffirming that practices related to discrimination and intolerance, that can have their root in issues such as ethnic and religious tensions, aggressive nationalism, chauvinism and xenophobia, and may also stem from racism, anti-Semitism and violent extremism, as well as lack of respect for the rights of persons belonging to national minorities, both threaten the security of individu- als and may give rise to wider-scale conflict and violence,
Recognizing that the problem of refugees and internally displaced persons throughout the OSCE area, including resulting from conflicts, violations of human rights and natural or human-made disasters, requires enhanced co-operation of all participating States and concerted action,
Recognizing the importance of the OSCE’s comprehensive efforts to eradicate trafficking in human beings, and paying due tribute to the activities of the Special Representative and Co-ordinator for
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Combating Trafficking in Human Beings, as well as other relevant OSCE executive structures, for their dedication in providing assistance to the participating States in addressing THB,
Recognizing that many threats of a politico-military nature, including those such as destabilizing accumulations of conventional weaponry, illicit transfers of arms and the proliferation of weapons of mass destruction, remain of great concern to the OSCE participating States,
Recognizing that the effort needed to combat the proliferation of weapons of mass destruction, as well as their means of delivery, is not confined to military means and welcoming the adoption of a Best Practice Guide on UNSCR 1540 by the Forum for Security Co-operation on 30 September 2009,
Fully recognizing that transnational threats and challenges, including inter-State and inter-or- ganizational co-operation, remain an important topic of deliberations in the framework of the Corfu Process,
Decides to step up individual and collective efforts to address transnational threats to security in a comprehensive and cross-dimensional manner, in accordance with the OSCE Strategy to Address Threats to Security and Stability in the 21st Century, making full use of the OSCE’s expertise and comparative advantages;
Decides to explore further ways to strengthen synergies in OSCE activities against these threats, including by improving internal co-ordination, co-operation with OSCE Partners for Co-oper- ation and by focusing on those areas where the OSCE can add value tothe work of the UN and complement activities of other international organizations, including on the basis of 1999 Plat- form for Co-operative Security;
Tasks all OSCE executive structures to intensify their efforts, within their current mandates and existing resources, to further consolidate the OSCE’s cross-institutional responses to multidi- mensional threats to security, in particular in those areas which cut across the mandates of sev- eral executive structures;
Requests the Secretary General to explore ways to further strengthen programmatic co-ordina- tion between the OSCE executive structures, as set out in MC.DEC/18/06, with particular focus on the OSCE’s multidimensional activities to address transnational threats to security, building on the Secretariat’s current mandates and within available resources, and to give a first overview on progress by 1 April and to make proposals to the Permanent Council on planning in this regard no later than 1 June 2010.
Decision No. 3/09
Further Measures to Support and Promote the International Legal Framework against Terrorism
The Ministerial Council,
Determined to reinforce OSCE counter-terrorism activities in accordance with international law and standards in line with existing OSCE commitments,
Reaffirming that participating States should carry out their counter-terrorist efforts, with full respect for the rule of law and in conformity with their obligations under the UN Security Council reso- lutions and universal conventions and protocols related to the prevention and the suppression of
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terrorism, the United Nations Global Counter-Terrorism Strategy and relevant provisions of inter- national human rights, humanitarian and refugee law,
Recalling OSCE commitments under Bucharest Ministerial Council Decision No. 1 (MC(9).DEC/1), the Ministerial Statement on the International Convention for the Suppression of Acts of Nuclear Terrorism (MC.DOC/1/05), and the Brussels Ministerial Statement on Supporting and Promoting the International Legal Framework against Terrorism (MC.DOC/5/06), and welcoming the signifi- cant progress achieved in connection with participating States becoming party to the 12 universal anti-terrorism conventions and protocols of 1963–1999, as well as the progress in the signing and ratifying of the International Convention for the Suppression of Acts of Nuclear Terrorism (2005),
Noting the latest important developments in the international legal framework against terror- ism, in particular the adoption of the Amendment to the Convention on the Physical Protection of Nuclear Material (2005), the Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (2005), and the Protocol to the Protocol for the Sup- pression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (2005), and desirous to facilitate their early entry into force,
Recognizing the need to implement the offence provisions from universal anti-terrorism conven- tions and protocols into national criminal and, where applicable, also administrative and civil leg- islation, making them punishable by appropriate penalties, in order to bring to justice perpetrators, organizers, supporters and sponsors of terrorist acts within the rule of law and facilitate interna- tional legal co-operation based on the principle “extradite or prosecute”, as required by relevant UN Security Council resolutions and the universal anti-terrorism instruments,
Recognizing also that OSCE participating States may require technical assistance in their efforts with regard to the above,
Recognizing the important role that parliamentarians play in the ratification and national legisla- tive implementation of the universal anti-terrorism conventions and protocols,
Urges those OSCE participating States that have not yet done so to make every effort to become party without delay to the 13 universal anti-terrorism conventions and protocols currently in force and to fully implement their provisions;
Calls on OSCE participating States to consider becoming party to the Amendment to the Conven- tion on the Physical Protection of Nuclear Material (2005), the Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (2005), and the Protocol to the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (2005) and to fully implement their provisions thereafter;
Calls on OSCE participating States to consider becoming parties to regional and subregional legal instruments related to terrorism, including to the Council of Europe Convention on the Preven- tion of Terrorism;
Tasks the Secretary General with organizing a workshop in 2010, to assist participating States with the criminal law aspects of implementing the universal anti-terrorism conventions and protocols concluded in 2005, within available resources and in co-operation with the UNODC and other relevant international actors;
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Tasks the Chairmanship-in-Office, in co-ordination with the OSCE executive structures, with organizing in 2010, in Astana, within available resources and in co-operation with UNODC and Council of Europe as well as other relevant international partners, an expert-level conference on successful strategies, effective policies and best practices to prevent terrorism;
Calls on the OSCE participating States to strengthen inter-State co-operation in promoting the universal anti-terrorism conventions and protocols through sharing technical expertise and tasks the Secretary General with continuing to facilitate inter-State co-operation, including, matching offers and requests for technical assistance between participating States;
Tasks the Secretary General and relevant OSCE executive structures, within available resources with continuing to collaborate with the UNODC in strengthening the legal regime against terror- ism by promoting implementation of the universal counter-terrorism instruments, in particular continuing to enhance and streamline, the support provided to the UNODC Terrorism Preven- tion Programme with regard to: • Awareness raising and helping build the political will of participating States to become party to the universal anti-terrorism conventions and protocols; • Providing technical assistance to requesting participating States in drafting anti-terrorism crim- inal legislation; • Training of judicial officials in international legal co-operation in criminal matters related to terrorism;
and encourages participating States to contribute voluntary funding to relevant extra-budgetary projects in these areas;
Invites the OSCE Partners for Co-operation to voluntarily implement the OSCE commitments with regard to the international legal framework against terrorism and co-operation in criminal matters related to terrorism.
Decision No. 5/09
Migration Management
The Ministerial Council,
Recalling and reaffirming the OSCE commitments related to migration, in particular the relevant provisions of the 1975 Helsinki Final Act, Ministerial Council Decision No. 2/05 on Migration and the Ministerial Statement on Migration (MC.DOC/6/06),
Taking into account the Strategy Document for the Economic and Environmental Dimension adopted by the Ministerial Council in Maastricht (2003) and recalling the Thirteenth OSCE Eco- nomic Forum,
Taking note of the initiatives and the work of the OSCE in the framework of the Seventeenth OSCE Economic and Environmental Forum “Migration management and its linkages with economic, social and environmental policies to the benefit of stability and security in the OSCE region”,
Acknowledging the increasing importance of and the benefits stemming from effective migra- tion management for the socio-economic development, social cohesion, security and stability in
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all countries including those of origin, transit and destination, and fully recognizing the human rights of migrants and their family members,
Underscoring the importance of mainstreaming migration policies into economic, social, envi- ronmental, development and security strategies and addressing migration management through co-operative, comprehensive and cross-dimensional approaches,
Underlining the need to facilitate legal migration and fight illegal migration,
Bearing in mind the different approaches to migration issues by the OSCE participating States, and drawing on their experiences and best practices,
Stressing the need to deepen dialogue and co-operation at all levels within and between all States, as well as with all relevant stakeholders, including social partners, business community, civil soci- ety and academia, to effectively address the opportunities and challenges related to comprehen- sive migration management,
Confirming that co-operation, dialogue and exchange of good practices and information on migra- tion management issues remain an important component of the OSCE’s comprehensive concept of security, supported as appropriate and within the respective mandates, capacities and resources in all three dimensions,
1. Encourages the participating States to continue to work on migration management by: • Paying particular attention to addressing the root causes of migration; • Ensuring that their national migration practices comply with their respective international obli- gations and OSCE commitments; • Further elaborating and enhancing implementation of comprehensive and effective national migration policies and action plans as appropriate; • Improving the collection of comparable data on migration, in order to facilitate dialogue and exchange of best practices at the OSCE level; • Fostering co-operation and partnerships between countries of origin and destination, by facil- itating effective legal migration schemes, such as circular migration and other forms of volun- tary labour mobility programmes, for the benefit of the development of countries of origin and destination; • Respecting the human rights of migrants and increasing efforts to combat discrimination, intol- erance and xenophobia towards migrants and their families;
2. Encourages the participating States to incorporate gender aspects in their migration policies, noting the recommendations of the OSCE-produced Guide on Gender Sensitive Labour Migra- tion Policies;
3. Calls upon the participating States to enhance migration management by improved policy coherence between migration and economic, social, environmental and security policies, through consultation, partnership and co-operation among governments at bilateral, regional and interre- gional levels, as appropriate;
4. Encourages the participating States to take necessary measures to minimize negative impacts of the global financial and economic crisis on migrants by intensifying economic co-operation,
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creating attractive conditions for investment and business development and facilitating the flow of remittances;
5. Tasks the Permanent Council, its informal subsidiary bodies and the OSCE executive struc- tures, in accordance with their respective mandates across all dimensions, within the Organiza- tion’s comprehensive concept of security and within existing resources to inter alia: • Provide a broad regional platform for dialogue on migration and security issues, both among OSCE participating States and between participating States and Partners for Co-operation, with the involvement of other relevant stakeholders in full conformity with the OSCE Rules of Procedure; • Continue working on gender aspects of migration; • Assist participating States, upon their request, to improve migration legislation and to elabo- rate and implement effective national policy frameworks, by providing advice and training, in co-operation with relevant international and regional organizations; • Contribute to international efforts to assess the possible impact of environmental degradation on migratory pressures, which climate change may magnify, in order to ensure better prepar- edness in this area; • Continue to assist the participating States, upon their request, to promote effective migration management, including exchange of best practices, and to facilitate legal migration and fight illegal migration, while paying particular attention to bilateral and multilateral co-operation in this field.
Decision No. 7/09
Women’s Participation in Political and Public Life
The Ministerial Council,
Recalling the OSCE commitments for the advancement of gender equality, non-discrimination and promotion of men’s and women’s equal right to participate in political and public life,
Mindful of the continued under-representation of women in the OSCE area in decision-mak- ing structures within the legislative, executive, including police services, and judicial branches,
Concerned that widespread discrimination against women, continues to undermine their effec- tive participation in political and public life at all levels,
Recognizing that keeping OSCE commitments under review, including in appropriate OSCE fora, can help to develop more effective approaches and measures,
Reaffirming that the full and equal exercise by women of their human rights is essential to achieve a more peaceful, prosperous, and democratic OSCE area,
Reaffirming the participating States’ commitment to proactively implement throughout the Organ- ization the 2004 OSCE Action Plan for the Promotion of Gender Equality and recalling Ljubljana Ministerial Council Decisions Nos. 14/05 on women in conflict prevention, crisis management and post-conflict rehabilitation and 15/05 on preventing and combating violence against women,
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Recalling UN Security Council resolution 1325 (2000), which calls for full and equal participation of women in decision making with regard to conflict prevention as well as in post-conflict recon- struction, and stressing the importance of their full and equal participation and involvement in all efforts for the maintenance and promotion of peace and security,
Taking note of UN Security Council resolution 1889 (2009), which urges international and regional organizations to take further measures to improve women’s participation during all stages of peace processes,
Noting that 18 December 2009 marks the 30th anniversary of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which aims at ending discrimination against women in political and public life, and noting that 10 December marks the 10th anniver- sary of the opening of the Convention’s Protocol for signature,
Recognizing that women may face additional barriers, beyond those based on gender, to their par- ticipation in political and public life,
Calls on the participating States to:
1. Consider providing for specific measures to achieve the goal of gender balance in all legislative, judicial and executive bodies, including security services, such as police services;
2. Consider possible legislative measures, which would facilitate a more balanced participation of women and men in political and public life and especially in decision-making;
3. Encourage all political actors to promote equal participation of women and men in political parties, with a view to achieving better gender-balanced representation in elected public offices at all levels of decision-making;
4. Consider taking measures to create equal opportunities within the security services, including the armed forces, where relevant, to allow for balanced recruitment, retention and promotion of men and women;
5. Develop and introduce where necessary open and participatory processes that enhance par- ticipation of women and men in all phases of developing legislation, programmes and policies;
6. Allow for the equal contribution of women and men to peace-building initiatives;
7. Take necessary steps to establish, where appropriate, effective national mechanisms for meas- uring women’s equal participation and representation;
8. Support, as appropriate, non-governmental and research bodies in producing targeted studies and awareness-raising initiatives for identifying specific challenges in women’s participation in political and public life and, in promoting equality of opportunities between women and men;
9. Encourage shared work and parental responsibilities between women and men in order to facil- itate women’s equal opportunities to participate effectively in political and public life.
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Decision No. 8/09
Enhancing OSCE Efforts to ensure Roma and Sinti Sustainable Integration
The Ministerial Council,
Reaffirming the OSCE commitments regarding Roma and Sinti, including those in the 2003 Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area,
Recognizing that some efforts have been undertaken by the participating States to this end,
Noting that limited progress had been made in closing the significant gaps that remain between Roma and Sinti people and wider societies in several areas,
Taking note of the ODIHR’s 2008 Status Report on the Implementation of the Action Plan on Improving the Situation of the Roma and Sinti in the OSCE Area,
Emphasizing that resolute action is required to improve the situation of Roma and Sinti across the OSCE region,
Convinced that the participating States should seek to maximize Roma and Sinti ownership of the policies that affect them, and that Roma and Sinti communities should be partners and share responsibility for implementing those policies designed to promote their integration,
Recognizing the particular difficulties faced by Roma and Sinti and the need to take effective meas- ures in order to eradicate discrimination against them and ensure their sustainable integration consistent with OSCE commitments,
Concerned that Roma and Sinti belong to communities that continue to be affected by racism and discrimination and that prejudice and violent manifestations of intolerance against Roma and Sinti have increased,
Noting that in times of global economic downturn, Roma and Sinti belong to those that are espe- cially vulnerable to becoming subject to irrational hostility and societal blame,
Aware that manifestations of intolerance against Roma and Sinti may not only result in increased exclusion and marginalization but might also endanger the social cohesion and peaceful coexist- ence in the wider society,
Acknowledging that Ministerial Council Decision No. 6/08 on enhancing OSCE efforts to imple- ment the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area was a significant step towards ensuring equal access to education and highlighting the importance of the benefits of early education,
Taking note of the 2009 Human Dimension Implementation Meeting and its working session on the specifically selected topic on Roma and Sinti early education,
Stressing the importance of relevant OSCE institutions and structures in fulfilling their mandates by supporting the implementation of the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area and of effective co-ordination and co-operation within the OSCE to this end,
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1. Calls upon the participating States to enhance their efforts to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area and advance the process of sus- tainable integration of Roma and Sinti;
2. Calls upon the participating States to continue to supply information to the ODIHR on pro- gress made on the Implementation of the Action Plan on Improving the Situation of the Roma and Sinti in the OSCE Area;
3. Urges the participating States to step up their efforts in promoting tolerance and combating prejudices against Roma and Sinti people in order to prevent their further marginalization and exclusion and to address the rise of violent manifestations of intolerance against Roma and Sinti as well as to unequivocally and publicly condemn any violence targeting Roma and Sinti, and to take all necessary measures to ensure access to effective remedies, in accordance with national judicial, administrative, mediation and conciliation procedures, as well as to secure co-ordination between responsible authorities at all levels in this regard;
4. Calls upon the participating States to enhance, in an appropriate way, the participation of Roma and Sinti in the design, implementation and evaluation of the policies that affect them, as well as to promote dialogue between Roma and Sinti people and the wider society in order to raise aware- ness of the role that intolerance and discrimination can play in threatening social cohesion, sta- bility and security;
5. Calls upon the participating States, in co-operation with Roma and Sinti, to identify and exam- ine the challenges of Roma and Sinti migration relevant to their sustainable integration within the OSCE area;
6. Tasks the ODIHR, in co-operation and co-ordination with the HCNM and the Representative of Freedom of the Media and other relevant OSCE executive structures, within their mandates and within existing resources, to continue to assist participating States to combat acts of discrimina- tion and violence against Roma and Sinti, to counter negative stereotypes of Roma and Sinti in the media taking into account relevant OSCE freedom of the media commitments, and to implement fully OSCE commitments pertaining in particular to the implementation of the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area as well as to address the chal- lenges linked to the sustainable and successful integration of Roma and Sinti;
7. Encourages participating States to address early education for Roma and Sinti in a comprehen- sive manner, with special attention to ensuring equal access to education and integrating Roma and Sinti into mainstream education;
8. Tasks the ODIHR, in consultation with the participating States and in close co-operation with other relevant OSCE institutions, within their mandates, to develop and implement relevant pro- jects on the issue of Roma and Sinti early education, such as projects on teacher training and on overcoming low school attendance;
9. Encourages the relevant OSCE institutions to enhance their co-operation and co-ordination with other relevant international actors such as the Council of Europe and the European Union, when appropriate, as well as civil society actors focusing on Roma and Sinti related issues;
10. Invites the Director of the ODIHR to keep the participating States informed about the ODIHR’s work in assisting participating States to promote Roma and Sinti sustainable integration during his or her regular reporting to the Permanent Council.
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Decision No. 9/09
Combating Hate Crimes
The Ministerial Council,
Reaffirming that respect for human rights and fundamental freedoms, democracy and the rule of law is at the core of the OSCE comprehensive concept of security, and that tolerance and non-dis- crimination are important elements in the promotion of human rights and democratic values,
Reaffirming that manifestations of discrimination and intolerance threaten the security of indi- viduals and societal cohesion, and reiterating that they may give rise to conflict and violence on a wider scale,
Concerned by hate crimes throughout the OSCE region and acknowledging the need for co-opera- tion to combat such crimes effectively, and taking note of the ODIHR report entitled “Hate Crimes in the OSCE Region – Incidents and Responses”, as tasked by the participating States,
Reaffirming the OSCE commitments on promoting tolerance and non-discrimination, and acknowl- edging that the primary responsibility for addressing acts of intolerance and discrimination rests with the participating States,
Acknowledging that hate crimes are criminal offences committed with a bias motive,
Taking note of the UN Global Counter-Terrorism Strategy adopted on 8 September 2006 by the UN General Assembly, which outlines a comprehensive global approach towards countering ter- rorism by addressing not only its manifestations, but also the conditions conducive to its spread, and recognizing the role hate crimes, discrimination and intolerance can play in fuelling violent extremism and radicalization that lead to terrorism,
Acknowledging the need for more consistent, comprehensive and comparable data on hate crimes, highlighted inter alia in the ODIHR report,
Welcoming the work done by the ODIHR in providing assistance to participating States, upon their request, in their efforts to address hate crimes,
Taking note of the 2009 Supplementary Human Dimension Meeting on Hate Crimes – Effective Implementation of Legislation and of the second annual meeting of the National Points of Con- tact on Combating Hate Crimes,
Recognizing that the global economic downturn may increase incidents of hate crimes in the OSCE area,
Acknowledging that victims of hate crimes may belong to both minority and majority communities,
Acknowledging the work of the three Personal Representatives of the Chairman-in-Office in sup- port of the overall OSCE effort to combat hate crimes and violent manifestations of intolerance in accordance with their mandate,
Recognizing the instrumental role that political representatives can play in taking the lead in com- bating intolerance and discrimination and promoting mutual respect and understanding,
333 Athens 2009
Calls on the participating States to:
1. Collect, maintain and make public, reliable data and statistics in sufficient detail on hate crimes and violent manifestations of intolerance, including the numbers of cases reported to law enforce- ment, the numbers prosecuted and the sentences imposed. Where data-protection laws restrict collection of data on victims, States should consider methods for collecting data in compliance with such laws;
2. Enact, where appropriate, specific, tailored legislation to combat hate crimes, providing for effec- tive penalties that take into account the gravity of such crimes;
3. Take appropriate measures to encourage victims to report hate crimes, recognizing that under-re- porting of hate crimes prevents States from devising efficient policies. In this regard, explore, as complementary measures, methods for facilitating, the contribution of civil society to combat hate crimes;
4. Introduce or further develop professional training and capacity-building activities for law-en- forcement, prosecution and judicial officials dealing with hate crimes;
5. In co-operation with relevant actors, explore ways to provide victims of hate crimes with access to counselling, legal and consular assistance as well as effective access to justice;
6. Promptly investigate hate crimes and ensure that the motives of those convicted of hate crimes are acknowledged and publicly condemned by the relevant authorities and by the political leadership;
7. Ensure co-operation, where appropriate, at the national and international levels, including with relevant international bodies and between police forces, to combat violent organized hate crime;
8. Conduct awareness raising and education efforts, particularly with law enforcement authorities, directed towards communities and civil society groups that assist victims of hate crimes;
9. Nominate, if they have not yet done so, a national point of contact on hate crimes to periodically report to the ODIHR reliable information and statistics on hate crimes;
10. Consider drawing on resources developed by the ODIHR in the area of education, training and awareness raising to ensure a comprehensive approach to the tackling of hate crimes;
11. Calls on the participating States to seek opportunities to co-operate and thereby address the increasing use of the Internet to advocate views constituting an incitement to bias-motivated vio- lence including hate crimes and, in so doing, to reduce the harm caused by the dissemination of such material, while ensuring that any relevant measures taken are in line with OSCE commit- ments, in particular with regard to freedom of expression;
12. Tasks the ODIHR to explore, in consultations with the participating States and in co-operation with relevant international organizations and civil society partners, the potential link between the use of the Internet and bias-motivated violence and the harm it causes as well as eventual practi- cal steps to be taken;
13. Invites the Director of the ODIHR to keep the participating States informed about the ODIHR’s work in assisting the participating States to combat hate crimes during his or her regular report- ing to the Permanent Council.
334 Athens 2009
Decision No. 11/09
Travel Document Security – ICAO Public Key Directory
The Ministerial Council,
Recalling the OSCE commitments to counter terrorism, in particular to enhance travel document security as stipulated by the Bucharest Plan of Action for Combating Terrorism (MC(9).DEC/1), the Maastricht Ministerial Council Decision on Travel Document Security (MC.DEC/7/03), as well as two Ministerial Council Decisions in Sofia (MC.DEC/4/04) and Brussels (MC.DEC/6/06) encour- aging greater use of the INTERPOL Stolen/Lost Travel Document Database, and acknowledging the significant contribution by the OSCE in the area of travel document security,
Reaffirming its commitment to implement effective and resolute measures against terrorism and to prevent the movement of terrorist individuals or groups through effective border controls and controls relating to the issuance of identity papers and travel documents while facilitating the free and secure movement of persons in conformity with relevant legal frameworks,
Acknowledging the importance of cross-border communication for international co-operation in countering international terrorism, organized crime and trafficking in all its forms, and the added value of the OSCE in facilitating assistance and providing a framework for co-operation on these issues,
Taking note of the wide scale implementation of electronic Machine Readable Travel Documents (eMRTDs) by the OSCE participating States,
Recognizing the need to enable relevant national authorities to effectively validate the authenticity of electronic security features and biometric data stored in eMRTDs as a precondition for the ver- ification of the identity of the bearer of an eMRTD on the basis of the aforesaid features and data,
Taking note of the work by ICAO in developing the ICAO Public Key Directory (PKD) to promote a globally interoperable validation system for eMRTDs in order to significantly improve border security measures and thereby to contribute to counter terrorism and to the prevention of illegal cross-border activities,
Taking note of the G8 Justice and Home Affairs Ministers statement of 29–30 May 2009, which fully supports the participation of ICAO Contracting States in the ICAO PKD and requests all states to verify the authenticity of the information in ePassport chips and to use the ICAO PKD,
Noting that it is ICAO recommended practice that States issuing or intending to issue ePassports and/or implementing automated checks on ePassports at border controls should participate in the PKD,
Calls on the participating States to consider becoming participants in the ICAO PKD, subject to administrative and financial resources, and thereby to contribute to enabling border control and other relevant national authorities to validate digital signatures of electronic eMRTDs;
Encourages participating States with the capability to do so to provide financial and technical assis- tance in implementing this measure to other participating States that request it;
335 Athens 2009
Tasks the Secretary General to organize, within available resources, in co-ordination with the Chairmanship-in-Office and in co-operation with ICAO an OSCE expert workshop in 2010 in Vienna, designed to raise awareness and to facilitate the participation in and the use of the ICAO PKD by the participating States;
Encourages the Partners for Co-operation to voluntarily implement this decision and other OSCE commitments on travel document security.
336 Astana Commemorative Declaration Astana 2010
Towards a Security Community
1. We, the Heads of State or Government of the 56 participating States of the OSCE, have assem- bled in Astana, eleven years after the last OSCE Summit in Istanbul, to recommit ourselves to the vision of a free, democratic, common and indivisible Euro-Atlantic and Eurasian security commu- nity stretching from Vancouver to Vladivostok, rooted in agreed principles, shared commitments and common goals. As we mark the 35th anniversary of the Helsinki Final Act and the 20th anni- versary of the Charter of Paris for a New Europe, we reaffirm the relevance of, and our commit- ment to, the principles on which this Organization is based. While we have made much progress, we also acknowledge that more must be done to ensure full respect for, and implementation of, these core principles and commitments that we have undertaken in the politico-military dimen- sion, the economic and environmental dimension, and the human dimension, notably in the areas of human rights and fundamental freedoms.
2. We reaffirm our full adherence to the Charter of the United Nations and to all OSCE norms, principles and commitments, starting from the Helsinki Final Act, the Charter of Paris, the Char- ter for European Security and all other OSCE documents to which we have agreed, and our respon- sibility to implement them fully and in good faith. We reiterate our commitment to the concept, initiated in the Final Act, of comprehensive, co-operative, equal and indivisible security, which relates the maintenance of peace to the respect for human rights and fundamental freedoms, and links economic and environmental co-operation with peaceful inter-State relations.
3. (…) We further reaffirm that all OSCE principles and commitments, without exception, apply equally to each participating State, and we emphasize that we are accountable to our citizens and responsible to each other for their full implementation. We regard these commitments as our com- mon achievement, and therefore consider them to be matters of immediate and legitimate con- cern to all participating States.
4. These norms, principles and commitments have enabled us to make progress in putting old confrontations behind us and in moving us closer to democracy, peace and unity throughout the OSCE area. They must continue to guide us in the 21st century as we work together to make the ambitious vision of Helsinki and Paris a reality for all our peoples. These and all other OSCE doc- uments establish clear standards for the participating States in their treatment of each other and of all individuals within their territories. Resolved to build further upon this strong foundation, we reaffirm our commitment to strengthen security, trust and good-neighbourly relations among our States and peoples. In this respect we are convinced that the role of the OSCE remains cru- cial, and should be further enhanced. We will further work towards strengthening the OSCE’s effectiveness and efficiency.
5. We recognize that the OSCE, as the most inclusive and comprehensive regional
337 Astana 2010
security organization in the Euro-Atlantic and Eurasian area, continues to provide a unique forum, operating on the basis of consensus and the sovereign equality of States, for promoting open dia- logue, preventing and settling conflicts, building mutual understanding and fostering co-operation. We stress the importance of the work carried out by the OSCE Secretariat, High Commissioner on National Minorities, Office for Democratic Institutions and Human Rights and Representative on Freedom of the Media, as well as the OSCE field operations, in accordance with their respec- tive mandates, in assisting participating States with implementing their OSCE commitments. We are determined to intensify co-operation with the OSCE Parliamentary Assembly, and encourage its efforts to promote security, democracy, and prosperity throughout the OSCE area and within participating States and to increase confidence among participating States. (…)
6. The OSCE’s comprehensive and co-operative approach to security, which addresses the human, economic and environmental, political and military dimensions of security as an integral whole, remains indispensable. Convinced that the inherent dignity of the individual is at the core of comprehensive security, we reiterate that human rights and fundamental freedoms are inaliena- ble, and that their protection and promotion is our first responsibility. We reaffirm categorically and irrevocably that the commitments undertaken in the field of the human dimension are mat- ters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned. We value the important role played by civil society and free media in helping us to ensure full respect for human rights, fundamental freedoms, democ- racy, including free and fair elections, and the rule of law.
7. Serious threats and challenges remain. Mistrust and divergent security perceptions must be over- come. Our commitments in the politico-military, economic and environmental, and human dimen- sions need to be fully implemented. Respect for human rights, fundamental freedoms, democracy and the rule of law must be safeguarded and strengthened. Greater efforts must be made to pro- mote freedom of religion or belief and to combat intolerance and discrimination. (…) (…)
9. At the same time, in today’s complex and inter-connected world, we must achieve greater unity of purpose and action in facing emerging transnational threats, such as
terrorism, organized crime, illegal migration, proliferation of weapons of mass destruction, cyber threats and the illicit trafficking in small arms and light weapons, drugs and human beings. Such threats can originate within or outside our region.
10. We recognize that the security of the OSCE area is inextricably linked to that of adjacent areas, notably in the Mediterranean and in Asia. We must therefore enhance the level of our interaction with our Partners for Co-operation. In particular, we underscore the need to contribute effectively, based on the capacity and national interest of each participating State, to collective international efforts to promote a stable, independent, prosperous and democratic Afghanistan.
11. We welcome initiatives aimed at strengthening European security. Our security dialogue, enhanced by the Corfu Process, has helped to sharpen our focus on these and other challenges we face in all three dimensions. The time has now come to act, and we must define concrete and tangible goals in addressing these challenges. We are determined to work together to fully realize the vision of a comprehensive, co-operative and indivisible security community throughout our shared OSCE area. This security community should be aimed at meeting the challenges of the 21st century and based on our full adherence to common OSCE norms, principles and commitments across all three dimensions. It should unite all OSCE participating States across the Euro-Atlantic and Eurasian region, free of dividing lines, conflicts, spheres of influence and zones with different
338 Astana 2010
levels of security. We will work to ensure that co-operation among our States, and among the rel- evant organizations and institutions of which they are members, will be guided by the principles of equality, partnership co-operation, inclusiveness and transparency. Drawing strength from our diversity, we resolve to achieve this overarching goal through sustained determination and com- mon effort, acting within the OSCE and in other formats. (…)
339 Document of the Eighteenth Meeting of the Ministerial Council Vilnius 2011
I. Statements and Declarations by the Ministerial Council
Ministerial Declaration on Combating all Forms of Human Trafficking
I.
1. We, the members of the Ministerial Council of the OSCE, declare our strong and unwavering determination to combat human trafficking in all its forms.
2. We declare that human trafficking is a grave and heinous crime that violates human dignity and undermines human rights and fundamental freedoms and that feeds organized criminal networks.
3. We remain fully committed to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”
4. We reiterate the support of the participating States for the ratification and full implementation of the United Nations Convention against Transnational Organized Crime and its supplement- ing Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Chil- dren, as the international framework to combat trafficking in persons. Furthermore, we stress the importance of the adoption of the United Nations Global Plan of Action (GA 64/293) to Combat Trafficking in Persons that fosters enhanced
co-operation and coordination among all relevant stakeholders and promotes comprehensive, coordinated and consistent responses at the national, regional, and international levels to counter trafficking in human beings, and welcome OSCE efforts towards its implementation.
5. We recognize the progress achieved to date by OSCE participating States individually and col- lectively to address this heinous crime. We recall our full adherence to the OSCE’s commitment to combating human trafficking and our strong resolve to implement that commitment through a multidimensional approach, as set forth in various OSCE documents, (…).
6. We express grave concern that despite sustained measures taken at the international, regional, and national levels, trafficking remains a serious problem, the number of victims of human traf- ficking which have been identified and assisted remains relatively low and few traffickers have been brought to justice. We are deeply concerned that human trafficking for the removal of organs, for the purpose of sexual exploitation, as well as for the purpose of labour exploitation, including domestic servitude, remains a serious problem.
7. We acknowledge with appreciation the important role of the Special Representative and Coor- dinator for Combating Trafficking in Human Beings in assisting participating States, upon their
340 Vilnius 2011
request, in the implementation of the OSCE anti-trafficking commitments. We value the Special Representative’s close co-operation, in a coordinating role, with OSCE executive structures, in full respect with their mandates, including with the OCEEA; the Gender Section; the ODIHR including the Anti-Trafficking Programme unit and the Contact Point for Roma and Sinti Issues; and with the Chairmanship-in-Office’s Special Representative on Gender Issues, as well as, where appro- priate, with the OSCE field operations. In the spirit of the Astana Commemorative Declaration, we appreciate the co-operation with parliamentarians of the participating States on combating human trafficking. In particular, we commend recent efforts by the OSCE to highlight trafficking for labour exploitation, including domestic servitude, as well as child trafficking and trafficking in persons for the removal of organs.
8. We promote and support multi-disciplinary co-operation, cross-sectoral training and multilat- eral partnerships. We commend the initiatives taken by the OSCE Special Representative under the auspices of the Alliance against Trafficking in Persons (…).
II.
9. We recognize the need to enhance the criminal justice responses to human trafficking, includ- ing the prosecution of traffickers and their accomplices, while ensuring that victims are treated in a manner that respects their human rights and that they are provided with access to justice, to legal assistance, and to effective remedies and other services as applicable. We will explore investi- gative techniques such as financial investigations, improve information-sharing relating to organ- ized crime groups, and promote cross-border law enforcement and judicial collaboration to identify effectively both traffickers and potential victims of human trafficking.
10. We recognize that adequate measures should be taken to ensure that, where appropriate, iden- tified victims of human trafficking are not penalized for their involvement in unlawful activities to the extent that they have been compelled to do so. We urge participating States to implement comprehensive and appropriate measures on assistance to victims of trafficking in persons.
11. We will renew efforts to identify and assist victims of human trafficking taking into account especially vulnerable populations. As applicable, we will promote awareness-raising campaigns aimed at persons at risk of being trafficked and addressing the social, economic, cultural, politi- cal, and other factors that contribute to the vulnerability of being trafficked. We will increase and support prevention efforts by focusing on the demand that fosters all forms of trafficking and the goods and services that result from trafficking in persons.
12. We acknowledge the important role of civil society organizations in providing assistance and empowerment to victims of trafficking in persons.
13. We acknowledge that child protection systems need to be strengthened in order effectively to help prevent, identify, and respond to child trafficking in all its forms to provide appropriate assis- tance and protection in the best interest of the child to child victims of trafficking or those at risk of being trafficked, including through appropriate services and measures for the physical and psy- chological wellbeing as well as for their education, rehabilitation and reintegration.
14. We acknowledge that, in order to prevent trafficking in human beings for the purpose of labour exploitation effectively, labour rights must be respected. We recommend the development and application of measures to improve labour practices and promote the effective enforcement of internationally recognized labour rights, by means such as labour inspections, monitoring of
341 Vilnius 2011
private employment agencies, and the development of other programs to support workers in exer- cising their labour rights.
15. We encourage participating States to work with the business sector to apply principles of due diligence and transparency in assessing and addressing risks of exploitation throughout supply chains and ensuring that workers have access to mechanisms for the redress and remedy of abu- sive practices. We encourage the dissemination and implementation of the newly adopted United Nations Guiding Principles on Business and Human Rights. Similarly, we encourage governments to consider incorporating similar standards, including “zero tolerance” policies, in government procurement of goods and services.
III.
16. We underscore that the OSCE provides a highly valuable platform for dialogue and enhanced co-operation among participating States for a comprehensive response to human trafficking in all its forms. With this in mind, we reaffirm our determination to implement OSCE commitments, including the Action Plan to Combat Trafficking in Human Beings, to use relevant structures of the OSCE to the full, and to strengthen the OSCE’s partnership with other international and regional organizations, as well as with civil society.
II. Decisions of the Ministerial Council
Decision No. 5/11
Partners for co-operation
The Ministerial Council,
Recalling the Helsinki Final Act of 1975, which recognizes the close link between peace and secu- rity in Europe and in the world as a whole,
Recalling the OSCE Strategy to Address Threats to Security and Stability in the Twenty-First Cen- tury, adopted in 2003 at the Eleventh Meeting of the Ministerial Council in Maastricht, which states that the OSCE will intensify its co-operation with its Mediterranean and Asian Partners for co-operation, by early identification of areas of common interest and concern and possibilities for further coordinated action,
Fully convinced that the security of the OSCE area is inextricably linked with security in the regions of the Partners for co-operation, and reaffirming our commitment to intensifying our dialogue and co-operation with the Mediterranean and Asian Partners for co-operation and to strengthen- ing our capacity to respond to the needs and priorities identified by the Partners and on the basis of OSCE norms, principles and commitments,
Recognizing the democratic transition processes, political, economic and social changes that have taken place in some Mediterranean Partners in 2011,
Commending the voluntary reform processes undertaken by some Mediterranean Partner countries,
Recognizing that each country is different and has the right to develop its own political model, with respect for the universal values of human rights and dignity,
342 Vilnius 2011
Agreeing that the OSCE’s experience in different areas can be of interest and potential benefit to the Partners, while taking into full account their prime responsibility for making national politi- cal choices as well as their specific political, social, cultural and religious heritage and in accord- ance with their needs, goals and national priorities,
Reaffirming the readiness of the OSCE, through its executive structures, within their respective mandates in accordance with established procedures and when requested, to assist the Partners for co-operation, as appropriate, in their voluntary implementation of OSCE norms, principles and commitments,
Recognizing the important role played by civil society in Partners for co-operation, in promoting democracy, the rule of law, and full respect for human rights and fundamental freedoms,
Welcoming the progress achieved in recent years through dialogue and co-operation with our Med- iterranean and Asian Partners for co-operation, including their enhanced participation in OSCE meetings and activities including the implementation of concrete mutual projects,
Recalling Permanent Council Decision No. 571 on further dialogue and co-operation with the Partners for co-operation and exploring the scope for wider sharing of OSCE norms, principles and commitments with others, and Ministerial Council Decision No. 17/04 on the OSCE and its Partners for co-operation, as well as the Madrid Ministerial Declaration on the OSCE Partners for co-operation,
Recalling the Astana Commemorative Declaration of 2010, which underlined the importance of enhancing the level of interaction with the Partners for co-operation,
Reiterating support for the OSCE Parliamentary Assembly’s co-operation with the Partners includ- ing through the holding of its annual Parliamentary Forum on the Mediterranean, and taking note of the work done by the OSCE Parliamentary Assembly in this respect,
Reconfirms its openness to considering future potential applications for partnership from inter- ested countries, in line with Permanent Council Decision No. 430 of 19 July 2001. Recognizing the important role played by civil society in Partners for co-operation, in promoting democracy, the rule of law, and full respect for human rights and fundamental freedoms,
Welcoming the progress achieved in recent years through dialogue and co-operation with our Med- iterranean and Asian Partners for co-operation, including their enhanced participation in OSCE meetings and activities including the implementation of concrete mutual projects,
Recalling Permanent Council Decision No. 571 on further dialogue and co-operation with the Partners for co-operation and exploring the scope for wider sharing of OSCE norms, principles and commitments with others, and Ministerial Council Decision No. 17/04 on the OSCE and its Partners for co-operation, as well as the Madrid Ministerial Declaration on the OSCE Partners for co-operation,
Recalling the Astana Commemorative Declaration of 2010, which underlined the importance of enhancing the level of interaction with the Partners for co-operation,
Reiterating support for the OSCE Parliamentary Assembly’s co-operation with the Partners includ- ing through the holding of its annual Parliamentary Forum on the Mediterranean, and taking note of the work done by the OSCE Parliamentary Assembly in this respect,
343 Vilnius 2011
1. Decides to enhance further the Partnership for co-operation by broadening dialogue, intensify- ing political consultations, strengthening practical co-operation and further sharing best practices and experience gained in the development of comprehensive, cooperative and indivisible security, in the three OSCE dimensions, according to the needs and priorities identified by the Partners;
2. Encourages the OSCE executive structures, in accordance with their mandates and established procedures, to engage in action oriented co-operation with the Partner countries in all three dimen- sions, taking also into account the annual conferences of Partners, by providing expert advice and exchange of information on best practices and experiences upon request of the Partners based on relevant OSCE decisions when required and invites the Partners to increase the level of their par- ticipation in the OSCE activities;
3. Decides, in the context of the Partnership, to increase the efforts to promote OSCE norms, princi- ples and commitments through the contacts in coordination with other relevant regional and inter- national organizations, particularly the United Nations notably through the sharing of best practices and experiences and through joint projects and activities in all three dimensions, as appropriate;
4. Calls upon the OSCE Chairmanship and the Contact Groups, together with the Secretary Gen- eral, to strengthen and further develop regular high-level dialogue with the Partners for co-op- eration, in order to enhance mutual understanding and ensure high-level political support and assistance for the Partners for co-operation, taking into account their needs and priorities;
5. Calls upon the OSCE executive structures, within their mandates, to facilitate a broader partic- ipation of officials and civil society representatives of Partners for co-operation in relevant OSCE events, as well as through the use of the Partnership Fund as appropriate;
6. Tasks the Secretary General, in consultation with the OSCE Chairmanship, with exploring pos- sible options for action-oriented and results-based co-operation with Partners, in coordination with the United Nations and other relevant regional and international organizations and institu- tions, and with making proposals, as appropriate, for further action by the Permanent Council;
7. Requests the Permanent Council to remain seized of the matter and to consider options for future engagement with the Partners for co-operation at their request;
8. Encourages the participating States and the Partners for co-operation to share their experi- ences and contribute to the OSCE activities in all three dimensions, including through contribu- tions to the Partnership Fund, as appropriate, in order to promote further engagement with the Partners for co-operation;
9. Reconfirms its openness to considering future potential applications for partnership from inter- ested countries, in line with Permanent Council Decision No. 430 of 19 July 2001.
Council Decision No. 10/11
Equal Opportunity for Women in the Economic Sphere
The Ministerial Council,
Reaffirming the commitment of the participating States to implement fully Decision No. 14/04 on the OSCE Action Plan for the Promotion of Gender Equality, adopted at the Twelfth Meeting of the Ministerial Council, in Sofia, in 2004,
344 Vilnius 2011
(…)
Reaffirming the commitments, (…), with regard to promoting the equal rights of men and women to equal opportunities and participation in the economic sphere,
Recognizing that women’s participation in the economic sphere contributes significantly towards economic recovery, sustainable growth and the creation of cohesive societies, and thus is essential to the security and stability of the OSCE region,
Noting with concern the continued inequities faced by women in the OSCE region in terms of labour market participation, including job segregation; disparities in access to social protection as well as quality, full-time employment; and the slow progress being made in efforts to overcome the pay gaps for equal work, resulting in women’s reduced lifetime earnings and pensions and increased female poverty,
Concerned about the continued under-representation of women in economic leadership and deci- sion-making processes in the public and private sectors,
Concerned also about the persistence of constraints on women’s effective participation in the eco- nomic sphere, in particular with regard to access to and control over such economic and financial resources as loans and property and inheritance rights,
Recognizing the need for improved and systematic collection of sex-disaggregated data and con- ducting of studies on equal opportunities in the economic sphere as a basis for planning policy and action,
Recalling the need for economic and social policies aimed at addressing the root causes of the traf- ficking in human beings, especially to eliminate discrimination against women in employment and to address economic factors that increase the vulnerability of women to trafficking,
Recognizing the need to continue monitoring the implementation of existing commitments on eliminating discrimination against women and promoting equal opportunities for women in the economic sphere, with the aim of identifying and exchanging good practices and developing effec- tive approaches, including within the Organization and its executive structures, (…)
Recognizing that women may face additional barriers, beyond those based on gender, to their par- ticipation in the economic sphere,
Calls on the participating States to:
1. Collect and analyse data to identify and address obstacles preventing women from fulfilling their potential in the economic sphere and, as appropriate and in accordance with national legis- lation, to support non-governmental and research bodies in producing targeted studies, includ- ing on good practices;
2. Assess the allocation of budgetary resources for promoting gender equality in the economic sphere and take concrete measures that lead to women’s equal opportunity for economic partic- ipation and equal access to social protection, and that support quality as well as full-time and/or self-employment;
345 Vilnius 2011
3. Facilitate the development of women’s entrepreneurial and other work-related skills, and, incor- porate gender aspects, with particular attention to women, in migration policies, in order, inter alia, to prevent human trafficking and re-trafficking;
4. Initiate or strengthen policy and legal measures, including positive action measures as appropri- ate, that would facilitate and protect equal opportunity for participation of women in the labour market, including through the expansion of childcare and nursing facilities;
5. Identify concrete actions aimed at promoting equal opportunities for women in the economic sphere and, where appropriate, establish effective national mechanisms for monitoring progress in this field, such as on closing pay gaps;
6. Promote the sharing of domestic work, and parental and caregiver responsibilities, by expand- ing paternity leave; promoting non-discriminatory employment policies and practices and equal access to education and training; taking measures to facilitate combining employment with fam- ily responsibilities; and seeking to ensure that any structural adjustment policies and programmes do not have an adversely discriminatory effect on women;
7. Support the development of the necessary environment for successful policy formulation and implementation through targeted information and awareness-raising activities regarding the ben- efits of measures taken to promote the equal opportunity for participation of women in the eco- nomic sphere and to combat the social exclusion of women and discrimination against them;
8. Introduce measures and engage in dialogue with the private sector to provide equal opportuni- ties for women’s professional advancement and to close pay gaps;
9. Develop and strengthen measures, as feasible, that lead to increased diversification in employ- ment sectors that are traditionally male – or female-dominated;
10. Encourages the Partners for co-operation to voluntarily implement the provisions of this decision.
346 Document of the Nineteenth Meeting of the Ministerial Council Dublin 2012
Statements and Declarations by the Ministerial Council
Ministerial Declaration on Strengthening Good Governance and Combating Corruption, Money Laundering and the Financing of Terrorism
We, the members of the Ministerial Council of the Organization for Security and co-operation in Europe, declare our strong support for promoting good governance and transparency in the OSCE area.
We recognize that the United Nations Charter, the Helsinki Final Act and subsequent OSCE land- mark documents contain shared commitments, principles and instruments that the participating States should implement in their efforts to promote good governance and transparency.
We reiterate that good governance at all levels is fundamental to economic growth, political sta- bility, and security. Good public and corporate governance, rule of law and strong institutions are essential foundations for a sound economy, which can enable our States to reduce poverty and ine- quality, to increase social integration and opportunities for all, to attract investment and to pro- tect the environment.
We reaffirm that peace, good international relations, the security and stability of the State and the security and safety of the individual within the State, based on the rule of law and respect for human rights, are crucial for the creation of a climate of confidence which is essential to ensure positive economic and social development.
Transparency in public affairs is an essential condition for the accountability of States and for the active participation of civil society and the private sector in economic and development pro- cesses. Transparency increases the predictability of, and confidence in, institutions and economies which are functioning on the basis of adequate legislation and with full respect for the rule of law.
We agree that problems of governance, including corruption and money laundering, deprive partic- ipating States of the capacity to effectively ensure sustainable economic, social and environmental development and undermine social cohesion, stability and security. Weak governance is among the factors conducive to the spread of terrorism. We therefore reaffirm our full commitment to tack- ling corruption and countering money-laundering, the financing of terrorism and related offences by making them policy priorities backed up by appropriate legal instruments, adequate financial, human and institutional resources and, where necessary, appropriate tools for their practical and effective implementation.
We recognize the progress achieved to date by the OSCE participating States, individually and col- lectively, in addressing these threats and challenges to stability and security. We affirm that the
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OSCE political commitments related to good governance and transparency cut across all three dimensions, and we reiterate our full adherence to implementing these commitments through a comprehensive approach, as set forth in this and other relevant OSCE documents.
We reaffirm our agreement to work on a national basis, with the support of relevant international institutions, to strengthen good governance in all its aspects and to develop methods of co-oper- ation to assist each other in achieving this goal.
I. Good governance and transparency
We view a public sector based on integrity, openness, transparency, accountability and rule of law as being a major factor of sustainable economic growth, and recognize that such a public sector constitutes an important element for fostering citizens’ trust in public institutions and government. Thus, we underline the importance of providing education and training on ethical behaviour for public officials, establishing and enforcing relevant codes of conduct and conflict-of-interest leg- islation, and adopting and implementing comprehensive income and asset-disclosure systems for relevant officials. In particular, we recognize that both the development of and adherence to codes of conduct for public institutions are critical to reinforcing good governance, public-sector integrity and the rule of law, and to providing rigorous standards of ethics and conduct for public officials.
We welcome the support the OSCE and its field operations have already provided in this regard and call on them to continue providing their valuable assistance to participating States upon their request, also in sharing among themselves, through the OSCE platform for dialogue, national expe- riences gained and good practices.
We recognize that good governance requires a framework of economic policies, legislation and insti- tutions in which businesses and investments can grow. Therefore, we reaffirm our determination to have clear legal frameworks conducive to the development of business, including small – and medi- um-sized enterprises, which are critical to economic growth, and to the promotion of investment.
We recognize that achieving good governance and combating corruption will not succeed without the full and equal participation of women and men in political and economic processes and insti- tutions, as stipulated in a number of OSCE documents. We underline the importance of empow- ering women to actively participate in and contribute to policies and activities related to good governance for the equal benefit of men and women.
We recognize the importance of adopting and enforcing laws and other measures against brib- ery, providing, for example, for the criminalization of bribery of domestic and foreign public offi- cials and the development of public-private partnerships to counter the bribery of public officials.
We reaffirm that the effective management of public resources by strong and well-functioning institutions, a professional and effective civil service, as well as sound budgetary and public pro- curement processes are major components of good governance.
Thus, we recognize the importance of openness, transparency and non-discrimination in the area of goods and services, providing a solid financial basis for our public administration systems, ensuring fiscal and budgetary transparency and adopting fair and transparent government pro- curement systems, (…),
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II. Combating corruption, money laundering and the financing of terrorism
We encourage those OSCE participating States that have not yet done so to become States Parties to the United Nations Convention against Corruption (UNCAC) and to fully implement it. We welcome OSCE assistance towards its implementation, and task the OSCE Secretariat, in particu- lar the Office of the Coordinator of OSCE Economic and Environmental Activities (OCEEA), at the request of OSCE participating States with providing support, including the mobilization of technical assistance.
We recognize the need to enhance the implementation of our international and national anti-cor- ruption commitments by inter alia involving civil society and the business community in the process, as appropriate, and the importance of regularly reviewing them, including, within the Mechanism for the Review of Implementation of the United Nations Convention against Corrup- tion in accordance with the terms of reference of the Mechanism.
We welcome that the OSCE, and in particular the OCEEA, continues to assist participating States, at their request, with developing and/or harmonizing their national anti-corruption legislation, in line with their international commitments, with ensuring practical implementation and effec- tive enforcement through exchanges of experience and good practices at the regional, sub regional and national levels, and with providing advice and training in co-operation with other relevant organizations (…).
We recognize that combating corruption requires long-term and comprehensive strategic approaches and strong institutions. We are convinced that those in charge of the prevention, identification, investigation, prosecution and adjudication of corruption offences should be free from improper influence. In particular, we underline the central role that law enforcement bodies and judicial institutions play in fighting against corruption and in guaranteeing the rule of law. We recognize the critical importance of safeguarding the judiciary’s independence in order to enable it to ful- fil this function and the need to intensify efforts in this regard. We also acknowledge the impor- tance of, and the need to ensure adequate resources for such institutions.
We also acknowledge the fundamental importance of effectively preventing transfers of the pro- ceeds of crime, the theft, embezzlement and other diversion of public assets, and of recovering stolen assets, for the credibility of our anti-corruption efforts and for economic development. We recognize that effective asset recovery requires appropriate legal frameworks and institutions, empowered practitioners with proper skills and resources, proactive and swift national and inter- national co-operation, networking frameworks and strong political will.
We therefore support measures geared towards removing barriers to asset recovery, inter alia, by increasing the efficiency of legal procedures and preventing abuse of those procedures, enhanc- ing efforts to prevent money laundering, and strengthening international co-operation on asset recovery. (…)
We recognize the importance of extending sufficient protection to whistleblowers in the public or private sector, as they play a key role in the prevention and detection of corruption, thus defending the public interest. We will intensify our efforts to take appropriate measures to put in place and implement legal mechanisms for the effective protection of whistleblowers and their close family members, from retaliation, intimidation or other psychological or physical harm, or the unwar- ranted loss of their liberty or livelihood.
We recognize such measures to be necessary elements of an effective anti-corruption regime.
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We recognize that acts of international terrorism depend on the financing that terrorists may obtain. We consider that the financing of terrorism is a matter of grave concern to the international com- munity as a whole. We are convinced of the urgent need to enhance international co-operation among States in devising and adopting effective measures for the prevention of the financing of ter- rorism, as well as for its suppression through the prosecution and punishment of its perpetrators. (…)
III. Civil society and the private sector
We encourage the OSCE to further embrace its comprehensive approach to security and to con- tinue to strengthen the dialogue and co-operation between governments, civil society and the pri- vate sector in order to support good governance efforts, including combating corruption, money laundering and the financing of terrorism, in the participating States.
We recognize that it is important to include the private sector in efforts to counter corruption and enhance good governance and to engage it in favour of a fair and transparent business environ- ment. Such a commitment by the business community is important to enhancing good govern- ance, transparency, stability and security at the national and international levels. (…)
We encourage the business community to take into account in its activities the social, environ- mental, humanitarian and security needs of the participating States.
We underline the importance of enhancing the contribution of academia, the business commu- nity and civil society to raising awareness of impediments to economic growth, including barriers to market entry, trade and investment, and of the need for greater transparency to foster sustain- able economic development.
We recognize that freedom of information and access to information foster openness and account- ability in public policy and procurement, and enable civil society, including the media, to contrib- ute to preventing and combating corruption, the financing of terrorism, and money laundering and its predicate offences. We reaffirm our commitment to make our governments more transparent by further developing processes and institutions for providing timely information, including reli- able statistics, with a view to promoting a well-informed and responsive dialogue.
We uphold the value of openness in our engagement with citizens to improve services, increase public integrity, effectively manage public resources, create safer communities and increase cor- porate accountability. (…)
IV. Working together for progress
We recognize that the OSCE provides a forum for political dialogue, information exchange and co-operation on good governance, as well as a platform on which to build the necessary political consensus and understanding regarding the importance of preventing and suppressing corruption, money laundering and the financing of terrorism at all levels for sustainable socioeconomic devel- opment and stability. We reaffirm our commitment to cooperating in the development of strate- gies for good governance and to sharing experience regarding best practices.
We welcome the established close co-operation between the OSCE and other relevant organiza- tions and institutions, including the United Nations, and we call on the OSCE executive structures
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and in particular the OCEEA to further develop co-operation with them in order to ensure added value and complementarity of activities.
We recognize the valuable contribution that the OSCE executive structures, including the OSCE field operations, bring to the wider work of the Organization in promoting good governance, trans- parency and the rule of law. We call on them to further foster their co-operation and to continue to coordinate their efforts to assist participating States, at their request, in implementing the pro- visions of this declaration.
351 Document of the Twentieth Meeting of the Ministerial Council Kyiv 2013
I. Statements and Declarations by the Ministerial Council
Ministerial Declaration on Strengthening the OSCE’s Efforts to Address Transnational Threats
We, the members of the Ministerial Council of the OSCE, recognizing the evolving nature of transnational threats in the OSCE region and beyond, and the necessity to provide collective and effective international responses, coordinated and founded on a cross-dimensional approach, (…),
Commend the activities of the OSCE participating States in strengthening co-operation on address- ing transnational threats in areas such as counterterrorism, fight against organized crime, trafficking in human beings and in illicit drugs, police-related activities and border security and management, as well as development of confidence-building measures (CBMs) (…); (…)
Encourage the OSCE participating States and relevant executive structures within their mandates and established procedures to intensify efforts to achieve greater unity of purpose and action in addressing existing and emerging transnational threats and to continue dialogue in this field, including at focused and result-oriented OSCE-wide thematic conferences to be held as appropri- ate and preferably annually;
Invite the OSCE participating States, where needed with the support of the relevant OSCE execu- tive structures, to further develop co-operation with the UN and other relevant international and regional organizations on the basis of the 1999 Platform for Cooperative Security, as well as with the OSCE Mediterranean and Asian Partners for co-operation, with a view to further strengthen the OSCE capacity in countering transnational threats, including with the engagement of civil society.
II. Decisions of the Ministerial Council
Decision No. 3/13
Freedom of Thought, Conscience, Religion or Belief
The Ministerial Council,
Reaffirming past CSCE/OSCE decisions on the freedom of thought, conscience, religion or belief, (…), (…)
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Committed to ensuring respect for and enjoyment of the freedom of thought, conscience, reli- gion or belief for all,
Emphasizing that every individual has the right to freedom of thought, conscience, religion or belief, which includes the freedom to have or to adopt a religion or belief of one’s choice, as well as not to have or profess any religion, to change one’s religion or belief, and the freedom to man- ifest one’s religion or belief, either alone or in community with others, and in public or in pri- vate, through teaching, practice, worship and observance. The freedom to manifest one’s religion or beliefs may be subject only to such restrictions as are prescribed by law and are consistent with international standards,
Reaffirming the commitments of participating States to respect, protect, and ensure the right of everyone to freedom of thought, conscience, religion or belief,
Emphasizing the link between security and full respect for the freedom of thought, conscience, religion or belief,
Deeply concerned by continuing acts of intolerance and violence against individuals and religious or belief communities on the basis of thought, conscience, religion or belief around the world,
Emphasizing that freedom of thought, conscience, religion or belief and all other human rights and fundamental freedoms are interdependent, interrelated and mutually reinforcing,
Stressing the importance of fostering a climate of mutual tolerance and respect between believers of different communities as well as between believers and nonbelievers,
Calls on participating States to:
Fully implement OSCE commitments on the freedom of thought, conscience, religion or belief;
Fully implement their commitments to ensure the right of all individuals to profess and practice religion or belief, either alone or in community with others, and in public or private, and to mani- fest their religion or belief through teaching, practice, worship and observance, including through transparent and nondiscriminatory laws, regulations, practices and policies;
Refrain from imposing restrictions inconsistent with OSCE commitments and international obli- gations on the practice of religion or belief by individuals and religious communities;
Promote and facilitate open and transparent interfaith and inter-religious dialogue and partnerships;
Aim to prevent intolerance, violence and discrimination on the basis of religion or belief, including against Christians, Jews, Muslims and members of other religions, as well as against nonbelievers, condemn violence and discrimination on religious grounds and endeavour to prevent and pro- tect against attacks directed at persons or groups based on thought, conscience, religion or belief;
Encourage the inclusion of religious and belief communities, in a timely fashion, in public discus- sions of pertinent legislative initiatives;
Promote dialogue between religious or belief communities and governmental bodies, including, where necessary, on issues related to the use of places of worship and religious property;
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Take effective measures to prevent and eliminate discrimination against individuals or religious or belief communities on the basis of religion or belief, including against nonbelievers, by public officials in the conduct of their public duties;
Adopt policies to promote respect and protection for places of worship and religious sites, religious monuments, cemeteries and shrines against vandalism and destruction.
Decision No. 4/13
Enhancing OSCE Efforts to Implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, with a Particular Focus on Roma and Sinti Women, Youth and Children
The Ministerial Council,
Reaffirming the OSCE commitments regarding Roma and Sinti, (…), (…)
Recognizing that various efforts such as the development and implementation of national action plans and strategies as well as creation of specific programmes and policies aiming at improve- ment of situation of Roma and Sinti have been undertaken in the OSCE area and the implemen- tation of these initiatives at the local level is essential for their fulfilment,
Taking note of the findings and priority action recommendations contained in the ODIHR’s sec- ond status report on the implementation of the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, released in 2013, (…)
Concerned that Roma and Sinti continue to be the targets of racism and bias-motivated violence in the OSCE area,
Noting, in this context, that Roma and Sinti women and girls are particularly vulnerable to mul- tiple forms of discrimination, as well as to violence and harassment,
Recognizing that educationis key to opening up greater opportunities for equal participation in the social, political, economic and cultural life for Roma and Sinti, including Roma and Sinti women, youth and children, in particular girls, to exercise their rights and to promote their full inclusion,
Convinced that the participating States should seek to provide Roma and Sinti with opportunities to contribute to the policies that affect them and that Roma and Sinti should be partners and share responsibility for implementing those policies designed to promote and facilitate their integration,
Recognizing that Roma and Sinti women’s rights and equality between men and women, in particu- lar, need to be supported and promoted by State policies and institutions, with the active involve- ment of Roma and Sinti women,
Considering that Roma and Sinti youth and children will in the future be the main stakeholders in promoting inclusion for Roma and Sinti people and communities, as well as promoting their full par- ticipation in the social, civic, political, economic and cultural life of the societies in which they live,
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Calls on participating States to:
1. Enhance their efforts to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area including through better monitoring and assessment of the strategies, policies and measures regarding Roma and Sinti integration;
2. Prevent further marginalization and exclusion of Roma and Sinti and address the rise of dis- crimination and violent manifestations of intolerance against Roma and Sinti, including against Roma and Sinti migrants, by: 2.1 Enhancing their efforts to promote tolerance of and combating prejudices against Roma and Sinti; 2.2 Unequivocally and publicly condemning any violence targeting Roma and Sinti; 2.3 Countering negative stereotypes of Roma and Sinti in the media taking into account relevant OSCE freedom of the media commitments; 2.4 Enacting or strengthening, where necessary, legislation and policy measures to address dis- crimination and bias-motivated crime against Roma and Sinti; 2.5 Building the capacity of law enforcement agencies and personnel to identify, collect data, inves- tigate and prosecute hate crimes against Roma and Sinti; 2.6 Taking necessary measures to ensure access to effective remedies for victims of discrimina- tion and violent manifestations of intolerance against Roma and Sinti, through judicial, adminis- trative, mediation and conciliation procedures; 2.7 Enhancing the participation of Roma and Sinti in the elaboration, implementation and evalu- ation of the policies that affect them, including by fostering Roma and Sinti political participation and by supporting voter education among Roma and Sinti; 2.8 Promoting inclusive dialogue within society in order to raise awareness of the role that intol- erance and discrimination against Roma and Sinti can play in threatening social cohesion, sta- bility and security; 2.9 Addressing the root causes of discrimination and intolerance against Roma and Sinti, includ- ing through enhanced comprehensive educational and awareness raising efforts to tackle preju- dice and promote mutual respect and understanding; 2.10 Supporting civil society in their efforts to represent and provide assistance to Roma and Sinti victims of hate crimes and discrimination; 2.11 Taking necessary measures to increase Roma and Sinti active participation and ownership to promote their social inclusion; 2.12 Taking measures to ensure the security, wellbeing and health of Roma and Sinti women, youth and children, including by addressing domestic violence, early marriages and trafficking in human beings, including, where necessary, by providing access to rehabilitative support;
3. Focus their efforts and the necessary resources on education as an important factor for improv- ing the situation of Roma and Sinti and promoting their greater social and economic integration by means that could include: 3.1 Taking active measures to ensure equal access to and participation for Roma and Sinti youth and children in education at all levels in State-provided education, including at the early educa- tion, primary and secondary school levels; 3.2 Addressing the high dropout rate for Roma and Sinti secondary school students, and paying due attention to the specific problems faced by Roma and Sinti girls in that regard, while taking active measures to encourage participation of Roma and Sinti youth in higher levels of education;
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3.3 Promoting greater access and taking appropriate measures to facilitate enrolment for Roma and Sinti students in tertiary education, including through scholarship programmes; 3.4 Promoting development of Roma and Sinti integration programmes at the national and local levels, including education programmes and supplementary study courses, inter alia on Roma and Sinti culture and history; 3.5 Renewing efforts to eliminate segregation of Roma and Sinti in education at all levels;
4. Take active measures to support the empowerment of Roma and Sinti women, including by: 4.1 Stepping up their efforts to ensure that Roma and Sinti women can enjoy and exercise their human rights and increasing efforts to combat discrimination against them at all levels, including, where necessary, in the areas of education, employment, health care and housing, and engaging in partnership with Roma and Sinti civil society organizations and Roma and Sinti people to this end; 4.2 Promoting the effective and equal participation of Roma and Sinti women in public and polit- ical life, including through the promotion of women’s access to public office, public administra- tion and decision making positions; 4.3 Encouraging equal access for Roma and Sinti women to employment, internships and men- toring opportunities; 4.4 Targeting specific measures, where appropriate, aimed at promoting equal access to and par- ticipation in education for Roma and Sinti girls at all levels;
5. Encourage the relevant OSCE executive structures to enhance their activities meant to build the capacities of Roma and Sinti women and youth organizations, with a view to promoting empow- erment, education and non-discrimination among Roma and Sinti women and youth, and to encourage the participation of Roma and Sinti women on an equal footing with men in all areas of their interest;
Calls for continued coordination within the OSCE and co-operation with relevant international actors with the goal of enhancing OSCE efforts to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE area;
Encourages the OSCE PA to continue its efforts aimed at improving the situation of Roma and Sinti in the OSCE area.
Decision No. 7/13
Combating Trafficking in Human Beings
The Ministerial Council,
Reaffirming the relevant OSCE commitments of the years 2000 to 2008 and the 2011 Vilnius Min- isterial Declaration on Combating All Forms of Human Trafficking,
Reiterating the strategic value of the 2003 OSCE Action Plan to Combat Trafficking in Human Beings which provides the participating States with advanced recommendations on actions to be taken at the international and national levels in the field of prosecution, prevention and protec- tion, and guides the activities of the relevant OSCE executive structures,
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Deeply concerned by the significant growth in all forms of THB, both transnational and internal, and reiterating the particular need to take more vigorous measures to address the challenging cur- rent and emerging THB trends and patterns,
Endorses the adoption of the Addendum to the OSCE Action Plan to Combat Trafficking in Human Beings: One Decade Later by Permanent Council Decision No. 1107, and considers the Adden- dum: One Decade Later to be an integral part of the 2003 OSCE Action Plan to Combat Traffick- ing in Human Beings.
357 Document of the Twenty-First Meeting of the Ministerial Council Basel 2014
I. Statements and Declarations by the Ministerial Council
Ministerial Declaration on Youth
We, the members of the Ministerial Council of the Organization for Security and co-operation in Europe, recall the OSCE commitments relating to youth and children, which are enshrined in the Helsinki Final Act and other relevant OSCE decisions, and take note of the efforts of other inter- national organizations in this regard, in particular the United Nations.
We acknowledge that youth and children require particular attention and that their needs, con- cerns and interests should be addressed in a comprehensive manner.
We acknowledge the potential of young people to contribute to economic, political and social devel- opment, and that they can support participating States in the implementation of commitments in all three dimensions of the OSCE.
We take note of the Swiss Chairmanship’s initiative related to youth in the OSCE.
Ministerial Declaration on Enhancing Efforts to Combat AntiSemitism
We, the members of the Ministerial Council of the Organization for Security and co-operation in Europe, recall the OSCE Conference on Anti-Semitism held in Berlin in 2004, at which the OSCE participating States condemned all manifestations of anti-Semitism and committed themselves to common efforts to combat anti-Semitism throughout the OSCE area.
We express our concern at the disconcerting number of anti-Semitic incidents that continue to take place in the OSCE area and remain a challenge to stability and security.
We reject and condemn manifestations of anti-Semitism, intolerance and discrimination against Jews.
We recall the commitment to respect human rights and fundamental freedoms for all without distinction to race, sex, language or religion, as enshrined in the provision of the Helsinki Final Act of 1975.
We appreciate the 2004 OSCE Chairman-in-Office’s Berlin Declaration on Anti-Semitism and reaffirm the relevant OSCE commitments.
We take note of the Swiss OSCE Chairmanship conclusions on the tenth anniversary of the Ber- lin Conference on Anti-Semitism.
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We acknowledge the essential contribution made by civil society to preventing and responding to anti-Semitism, (…),
We stress the importance of States collaborating with civil society through effective partnerships and strengthened dialogue and co-operation on combating anti-Semitism.
We declare unambiguously that international developments, including with regard to the situa- tion in the Middle East, never justify anti-Semitism.
We call on political, religious and civil society leaders to engage in open discussions with a view to combating and preventing anti-Semitism while fully respecting fundamental freedoms and human rights.
We call upon the participating States to:
Encourage political leaders and public figures to speak out strongly and promptly when anti-Se- mitic incidents occur;
Promote educational programmes for combating anti-Semitism and provide young people with opportunities for human rights education including on the subject of anti-Semitism;
Increase efforts to implement existing OSCE commitments related to monitoring hate crimes and collecting relevant data, including motivated by anti-Semitism;
Investigate effectively, promptly and impartially acts of violence motivated by anti-Semitism and prosecute those responsible;
Promote and facilitate open and transparent intercultural, interfaith and inter-religious dialogue and partnerships;
Encourage the inclusion of religious and belief communities in public discussions of pertinent legislative initiatives;
We call upon the ODIHR to:
Offer to participating States best practices on efforts to counter anti-Semitism, including by consult- ing civil society, to effectively identify and address contemporary manifestations of anti-Semitism;
Facilitate co-operation between governmental officials and civil society on issues related to anti-Sem- itism, including hate crime and Holocaust remembrance;
Assist participating States in their efforts to collect data on anti-Semitic hate crimes, in co-oper- ation with civil society, as appropriate;
Facilitate the exchange of best practices among participating States on educational initiatives and other measures to raise awareness of anti-Semitism and overcome challenges to Holocaust education;
Promote dialogue and strengthen the capacity of civil society to foster mutual respect and under- standing in order to advance the cause of co-operation between different communities.
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We highlight the work of the three Personal Representatives on tolerance issues in support of over- all efforts of the OSCE to combat intolerance and discrimination, in particular through their coun- try visits, the resulting recommendations and their reporting to the OSCE Permanent Council.
We encourage the participating States to elaborate Ministerial Council Declarations on enhanc- ing efforts to combat intolerance and discrimination, including against Muslims, Christians and members of other religions.
II. Decisions of the Ministerial Council
Decision No. 5/14
Prevention of Corruption
The Ministerial Council,
Reaffirming the OSCE commitments on combating corruption, (…),
Recognizing that corruption at all levels is a potential source of political tension that undermines the stability and security of participating States, threatens the OSCE’s shared values, and facili- tates criminal activity,
Convinced that more effective prevention of corruption promotes good governance in all public sectors, reinforces trust in public institutions, increases corporate social responsibility in the pri- vate sector, enhances economic growth and contributes to social stability and security,
Reaffirming that freedom of information and access to information foster openness and account- ability in public policy and procurement and enable civil society, including the media, to contrib- ute to preventing and combating corruption, the financing of terrorism, moneylaundering and its predicate offences,
Underlining the central role played by law enforcement bodies and judicial institutions in prevent- ing and combating corruption,
Recognizing that the ability of an independent media to investigate and to publish the results of that investigation, in accordance with national legislation and international commitments, with- out fear of prosecution, persecution or physical harm is fundamental to preventing and combat- ing corruption at all levels and in all sectors,
Acknowledging that efficient, accessible, accountable, and transparent public service delivery is one of the key components in building an anti-corruption environment in the public sector,
Recognizing the importance of capacity-building efforts for effectively preventing and combat- ing corruption,
Recognizing the importance of international co-operation between national anti-corruption bodies for the exchange of best practices, further development of anti-corruption measures and exchange of knowledge among anti-corruption practitioners,
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Welcoming the fact that almost all the participating States have ratified or acceded to the United Nations Convention against Corruption (UNCAC) and are working towards meeting their com- mitments deriving from the Convention,
Highlighting the importance of co-operation with other relevant international organizations in preventing and combating corruption,
Encourages the participating States to:
Further develop and implement preventive anti-corruption legislation and policies, and establish and promote practical measures and tools to address all forms and levels of corruption for both the private and the public sectors, and for other stakeholders;
Take measures to enhance transparency, accountability and the rule of law in public administra- tion, in accordance with the fundamental principles of their legal systems, including through the introduction of effective measures facilitating public access to information and the promotion of effective public service delivery;
Adopt, maintain and strengthen systems that prevent conflicts of interest in the public sector, including, for example, by addressing conflicts of interest through enforceable codes of conduct and by establishing and strengthening asset-declaration systems applicable to public officials and politically exposed persons, in accordance with the fundamental principles of their domestic law, and to provide for a fair and competitive environment for recruitment in the public sector, so as to increase transparency and integrity in public administration;
Foster the involvement of the private sector, civil society organizations, the media and academia, including through the support of the OSCE executive structures, in accordance with their man- dates, in developing national anti-corruption strategies and policies and to support their subse- quent implementation;
Promote a culture of integrity, transparency and accountability, across all sectors of society in order to contribute to the prevention of corruption;
Recognize the important role whistleblowers play in identifying and preventing corruption and defending public interest, and intensify individual national efforts to provide sufficient protec- tion for whistleblowers;
Contribute to strengthening awareness-raising measures with respect to corruption throughout all sectors of society, by providing training and educational programmes in the area of corrup- tion prevention and integrity, with special attention being given to youth, and recognizing the role played in this regard by an engaged and well-informed civil society and an independent, free and pluralistic media;
Take the necessary steps, in accordance with the fundamental principles of their legal systems, to establish or enhance appropriate systems of public procurement that are based on transparency, competition and objective criteria in decision-making, that are effective in preventing corruption;
Support measures to strengthen the integrity of the judiciary and to prevent opportunities for cor- ruption among members of the judiciary and prosecution services;
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Implement and adhere to the relevant international standards to fight corruption, such as those prescribed by the United Nations Convention against Corruption and, where appropriate, by the OECD and the Council of Europe conventions on corruption and contribute to intensifying the involvement of civil society in their implementation as laid out in these conventions;
Establish and implement effective, proportionate, and dissuasive sanctions and administrative pen- alties to penalize corruption for natural as well as, where appropriate, legal persons, with a view to discouraging and stemming corruption;
Facilitate the recovery of stolen assets as part of national measures as well as in the framework of international and, where appropriate, regional co-operation and ensure beneficial ownership transparency;
Make use of available OSCE tools, guidelines and projects in combating and preventing corruption;
Encourages the relevant OSCE executive structures, including, where appropriate, field opera- tions, in accordance with their mandates and within existing resources, to facilitate the exchange of best practices in the prevention of corruption among participating States upon their request;
Tasks the OSCE executive structures, in particular the Office of the Coordinator for OSCE Eco- nomic and Environmental Activities (OCEEA) and, where appropriate, field operations, in co-op- eration with relevant international partners, (…), to assist participating States, within existing resources and upon their request, in the implementation of their commitments within the UNCAC and in the formulation of national policies, in the exchange of best practices and in the delivery of capacity-building activities and projects in the area of preventing and combating corruption;
Tasks the OSCE executive structures, in particular the OCEEA and, where appropriate, the OSCE field operations, to promote, within their available resources and mandates, the available OSCE tools and guidelines on combating and preventing corruption; (…)
Decision No. 7/14
Preventing and Combating Violence Against Women
The Ministerial Council,
Reaffirming the commitment to respect human rights and fundamental freedoms for all without distinction as to race, sex, language or religion, (…),
Recalling that the full and equal exercise by women of their human rights is essential to achieving a more peaceful, prosperous and democratic OSCE area and that the OSCE participating States are committed to making equality between men and women an integral part of their policies, both at the level of their States and within the OSCE executive structures, as was declared at the OSCE Istanbul Summit in 1999,
Reaffirming that the inherent dignity of the individual is at the core of comprehensive security, (…),
362 Basel 2014
Reaffirming all relevant OSCE commitments, including those contained in Ministerial Council Decision No. 14/04 on the Action Plan for the Promotion of Gender Equality and the Ministerial Council Decision No. 15/05 on preventing and combating violence against women, (…)
Acknowledging commitments that participating States have undertaken in international and regional fora on combating violence against women,
Taking note of international and regional initiatives to combat sexual violence, in particular in armed conflict, (…)
Deeply concerned by the persistence of violence against women as one of the most pervasive human rights violations in the OSCE area, manifested as physical, sexual, and psychological violence and reiterating the particular need to take more vigorous measures in preventing and combating vio- lence against women, to which gender inequality can be among the major contributing factors,
Reaffirming the importance of effective accountability with regard to violence against women and against children, including sexual violence, abuse and exploitation, and of undertaking adequate measures to combat such violence,
Calls on the participating States to take on the following measures related to combating and pre- venting violence against women in the areas of developing legal frameworks and partnerships, pre- venting and prosecuting violence against women, and protecting victims;
Calls on the participating States to ensure for all women the protection and full respect of human rights and fundamental freedoms;
Strongly condemns all forms of violence against women and refrain from justifying it, as described in the Declaration on the Elimination of Violence against Women;
(A) Legal framework
1. Calls on the participating States to:
Request, as appropriate, opinions produced by the ODIHR on legal and policy frameworks for pre- venting and combating violence against women, including domestic violence;
Collect, maintain and make public reliable, comparable, disaggregated, and comprehensive evi- dence based data and statistics regarding all forms of violence against women, including sexual and domestic violence, whilst ensuring compliance with their data protection laws, and include information on the number of cases reported to law enforcement bodies, the numbers investigated and prosecuted and the sentences imposed;
Align national legislation with relevant international standards they have undertaken, if they have not done so already, and OSCE commitments on all forms of violence against women, and con- sider best practices when adopting relevant legislation;
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Give consideration to the signature and ratification of relevant regional and international instru- ments, such as the Council of Europe Convention on preventing and combating violence against women and domestic violence, where applicable.
2. Tasks the OSCE executive structures to, within their mandates:
Promote the exchange of best practices regarding legislation related to combating all forms of vio- lence against women;
(B) Prevention
3. Encourages the participating States to:
Strengthen efforts to reach out to the public through public awareness and sensitization activities, in order to address negative stereotypes, attitudes, and prejudices which contribute to all forms of violence against women;
Take appropriate measures to increase the engagement and participation of men and boys in the prevention and elimination of all forms of violence against women, including sexual and domes- tic violence;
Take measures to raise awareness of the vicious cycle of violence that might emanate from physi- cal, sexual, and psychological violence experienced in childhood and adolescence;
Develop programmes to work with the perpetrators of violence against women, both during and after their sentence in order to avoid repeat offenses;
Provide treatment, counselling and training courses and other measures to prevent re-victimiza- tion and trauma, including during judicial processes.
4. Tasks the OSCE executive structures to, within their mandates:
Improve co-operation with relevant stakeholders of international and regional organizations on efforts to collect sex-disaggregated data and statistics on the occurrence of all forms of violence against women in the OSCE area;
Assist the participating States, upon their request, in their efforts to promote comprehensive, effec- tive and evidence-based approaches to combating all forms of violence against women, including sexual and domestic violence, and better respond to the needs of all victims.
(C) Protection
5. Encourages the participating States to:
Ensure that victims of all forms of violence against women receive timely and adequate informa- tion on available legal measures and support services, such as sexual violence crisis centres, shel- ters or other relevant structures, as well as healthcare, and to ensure that they are easily accessible;
Promote programmes and activities that empower and support women who have been victims of violence.
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6. Tasks the OSCE executive structures to, within their mandates:
Assist the participating States, upon their request, in strengthening their capacities for protection of victims of all forms of violence against women;
Facilitate the exchange between the participating States of information, experience, and best prac- tices concerning protection;
Provide technical assistance to the participating States that request so, in organizing support ser- vices such as telephone hotlines, crisis centres, etc.;
Offer to participating States specialized training courses for relevant professionals from interested participating States dealing with victims or perpetrators of all forms of violence against women, including sexual and domestic violence.
(D) Prosecution
7. Encourages the participating States to:
Strengthen the efforts to investigate, prosecute and punish the perpetrators of all forms of violence against women and provide victims with protection and appropriate remedies;
Ensure the development and effective implementation of legislation that criminalize violence against women and that provides for preventative and protective measures, such as emergency bar- ring orders and protection orders, where they exist, as well as the investigation, and submission for prosecution and appropriate punishment of perpetrators, including with a view to end impunity.
(E) Partnership
8. Encourages the participating States to:
Develop comprehensive and coordinated national policies aimed at combating all forms of vio- lence against women, encompassing all relevant actors, such as law enforcement and the justice sector, parliaments, national human rights institutions, healthcare and social services as well as civil society organizations.
9. Tasks the OSCE executive structures to, within their mandates:
Enhance co-operation with relevant stakeholders of international and regional organizations;
Facilitate the exchange of information, experiences and best practices among the participating States and all relevant stakeholders with regard to combating all forms of violence against women.
Decision No. 8/14
Addendum to the 2004 OSCE Action Plan for the Promotion of Gender Equality
The Ministerial Council,
Reaffirming all the relevant OSCE commitments and in particular the 2004 OSCE Action Plan on the Promotion of Gender Equality (MC.DEC/14/04),
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Recognizing the progress achieved in the implementation of the 2004 OSCE Action Plan on Pro- motion of Gender Equality since its adoption,
Recognizing that further improvements are needed in this ongoing process, as noted during the High-Level Gender Equality Review Conference, held in Vienna in July 2014, related to the pro- gress of and gaps in implementation of relevant OSCE commitments,
Tasks the participating States:
To elaborate an Addendum to Ministerial Council Decision No. 14/04 on the Action Plan for the Promotion of Gender Equality to be presented to the Permanent Council for adoption in 2015.
366 Document of the Twenty-Second Meeting of the Ministerial Council Belgrade 2015
I. Statements and Declarations by the Ministerial Council
Ministerial Declaration on Preventing and Countering Violent Extremism and Radicalization that Lead to Terrorism
We, the Ministers for Foreign Affairs of the participating States of the Organization for Security and co-operation in Europe,
Recalling relevant OSCE documents adopted in the field of countering terrorism, (…),
Underscoring our resolute and unconditional condemnation of terrorism and violent extremism, and our profound solidarity with all the victims of terrorism,
Reaffirming the commitment of participating States to work together to prevent, suppress, inves- tigate and prosecute terrorism-related acts, including their financing, and stressing their strong determination to combat terrorism in all its forms and manifestations, as a crime that has no jus- tification, whatever its motivation or origin, and that terrorism and violent extremism cannot and should not be associated with any race, ethnicity, nationality or religion,
Expressing particular concern that youth, including children, are being radicalized to terrorism and recruited as foreign terrorist fighters, and recognizing the importance of working with youth to prevent and counter radicalization of youth to terrorism,
Strongly condemning manifestations of intolerance, including on the basis of religion or belief, reaffirming the will of participating States to foster tolerance and nondiscrimination, mutual respect and understanding in their societies, and reaffirming our commitment to promote and protect human rights and fundamental freedoms, including freedom of expression and freedom of thought, conscience, religion or belief,
Expressing deep concern at the fact that some serious crimes committed by terrorists or terrorist groups, including foreign terrorist fighters, have targeted persons and groups on the basis of their ethnicity, religion or belief, and noting the role that discrimination and intolerance can play in fuelling violent extremism and radicalization that lead to terrorism,
Underscoring the commitment of participating States to take the measures needed to protect every- one within their jurisdiction against terrorist acts, and to take resolute action to counter terrorism and foreign terrorist fighters, (…), in support of our relevant OSCE commitments, and in com- pliance with applicable obligations under international law, including international human rights law, international refugee law and international humanitarian law,
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Strongly condemning the destruction of cultural heritage and religious sites, including the tar- geted destruction of UNESCO World Heritage sites, by terrorists, foreign terrorist fighters asso- ciated with ISIL and other terrorist groups,
Recognizing the leading role of the United Nations in the international efforts to prevent and coun- ter terrorism and violent extremism, and the commitment of participating States to the full imple- mentation of the UN Global Counter-Terrorism Strategy,
Guided by our conviction that combating terrorism and violent extremism, in accordance with OSCE principles and commitments, requires comprehensive and sustained efforts, in addressing the manifestations of terrorism, as well as the various social, economic, political and other fac- tors, which might engender conditions in which terrorist organizations could engage in recruit- ment and win support,
Reaffirming the commitment of participating States to exchange ideas and national best practices about their strategies and measures to counter violent extremism and radicalization that lead to terrorism, in order to enhance practical co-operation,
Taking note of the fact that radicalization to terrorism and recruitment by terrorists can take place in prisons, and therefore affirming the importance of elaborating and sharing, as appropri- ate, international guidelines on reintegration, rehabilitation and the prevention of radicalization to terrorism in prison,
Stressing that participating States have the primary role in preventing and countering terrorism and violent extremism, while respecting their obligations under international law,
Stressing the important roles that youth, families, women, victims of terrorism, religious, cultural and education leaders, civil society, as well as the media, can play to counter the violent extremist narrative that can incite terrorist acts, and to address the conditions conducive to the spread of ter- rorism, in particular by fostering mutual respect and understanding, reconciliation and peaceful coexistence among cultures, and by promoting and protecting human rights, fundamental free- doms, democratic principles and the rule of law, (…)
Call upon the participating States:
1. To further increase their efforts to prevent and counter violent extremism and radicalization that lead to terrorism in their countries, following a multidimensional approach, and in this regard to make use, as appropriate and where necessary, of the OSCE executive structures, including field operations within their respective mandates;
2. To strengthen their efforts to counter and suppress the financing of terrorism, (…), and in sup- port of OSCE commitments, underlining that any sources of income support the recruitment efforts and strengthen the operational capabilities to organize and carry out terrorist acts;
3. To adopt measures as may be necessary and appropriate and in accordance with their obliga- tions under international law, including with respect to human rights and fundamental freedoms, to prohibit by law incitement to commit a terrorist act or acts, and to prevent such conduct;
4. To co-operate in preventing and countering violent extremism and radicalization that lead to terrorism, through, inter alia, capacity-building, coordination of plans and efforts and sharing
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lessons learned, including in eliminating the supply of weapons to terrorists, preventing the rad- icalization to terrorism, recruitment, and mobilization of individuals as terrorists, including as foreign terrorist fighters;
5. To consider, as appropriate, developing and updating national counterterrorism strategies and action plans, including specific policies and measures to prevent and counter violent extremism and radicalization that lead to terrorism, in furtherance of OSCE commitments and in compli- ance with their obligations under international law, including human rights law;
6. To foster a comprehensive approach at all levels in preventing and countering violent extrem- ism and radicalization that lead to terrorism, including coordination among national authori- ties, co-operation among participating States, and co-operation with relevant international and regional organizations;
7. To promote research and information sharing on the conditions conducive to the spread of vio- lent extremism and radicalization that lead to terrorism, and on how to counter them;
8. To encourage political leaders and public figures, including civil society and religious leaders to contribute to preventing and countering violent extremism and radicalization that lead to ter- rorism, by speaking out strongly and promptly against violent extremism and radicalization that lead to terrorism;
9. To further promote public-private partnerships in countering terrorism, where appropriate, among public authorities, the private sector, civil society, members of, or representatives of religious com- munities, and the media, in line with, inter alia, Ministerial Council Decision No. 10/08, in order to counter incitement to terrorism and violent extremism and radicalization that lead to terrorism;
10. To enhance international co-operation and public-private partnerships to develop practical measures to counter the use of the Internet and other means for the purposes of inciting vio- lent extremism and radicalization that lead to terrorism and for recruiting foreign terrorist fight- ers. Such international co-operation and public-private partnerships could foster communication efforts, including via social media, to counter violent extremist messaging, while fully respecting the right to freedom of opinion and expression;
11. To consider developing community policing approaches to preventing terrorism and coun- tering violent extremism and radicalization that lead to terrorism, including at the local level, in accordance with national legislation and international law;
12. To encourage open and transparent intercultural, interfaith and inter-religious dialogue and co-operation to contribute to, inter alia, enhancing tolerance, mutual respect and understanding, at the local, national, regional and international levels;
13. To take into account a gender perspective in their efforts to counter terrorism and to prevent and counter violent extremism and radicalization that lead to terrorism, with a focus on women’s empowerment and the participation of women as well as men in these efforts;
14. To engage and empower youth, in preventing and countering violent extremism and radicali- zation that lead to terrorism, inter alia, by: (a) Creating an enabling environment and opportunities for youth to participate and engage vol- untarily and freely in public life and in the promotion of human rights, fundamental freedoms,
369 Belgrade 2015
democratic principles, the rule of law, tolerance, non-discrimination, dialogue, mutual respect and understanding, and to facilitate their access to social services; (b) Supporting youth, which are willing to contribute to such efforts, through education in schools and higher education institutions; (c) Supporting youth-led and youth-focused awareness-raising initiatives, including through the Internet and social media, to prevent and counter their radicalization to terrorism, and to promote respect for human rights, fundamental freedoms, tolerance and nondiscrimination; (d) Promoting programmes to facilitate youth access to employment;
15. To consider supporting OSCE activities in all three dimensions of security, including through voluntary financial contributions, which contribute to the global efforts to prevent and counter violent extremism and radicalization that lead to terrorism, while acknowledging the leading role of the United Nations;
16. To invite the OSCE Partners for co-operation to actively engage with us to strengthen our dialogue and co-operation in preventing and countering violent extremism and radicalization that lead to terrorism, respecting and protecting human rights and fundamental freedoms in this context, preventing and countering manifestations of intolerance and discrimination, including on the basis of religion or belief, xenophobia, violence, as well as promoting interfaith, inter-reli- gious and intercultural dialogue, taking note of the Amman Youth Declaration on Youth, Peace, and Security dated 22 August 2015, and to encourage the Partners for co-operation to continue to make the best use of the OSCE principles, norms and commitments, as well as its relevant tools;
17. We encourage parliamentarians to continue to dialogue with a view to strengthening legislation essential in combating terrorism, promoting solidarity with victims of terrorism, and to encour- age them to speak out strongly and promptly against intolerance, discrimination, terrorism and violent extremism and radicalization leading to terrorism;
Call upon relevant OSCE executive structures, within their respective mandates and available resources:
18. To continue their support to participating States, upon request, in preventing and counter- ing violent extremism and radicalization that lead to terrorism, following a multi-dimensional approach, including in relation to youth, as appropriate;
19. To facilitate the exchange of practical experiences and good practices, and, upon request, pro- vide assistance as appropriate, inter alia: (a) To promote research and information sharing on the conditions conducive to violent extrem- ism and radicalization that lead to terrorism, and on how to counter them; (b) To develop, where appropriate, national counterterrorism strategies and action plans, includ- ing policies and measures to counter violent extremism and radicalization that lead to terrorism; (c) To integrate a gender perspective in the context of preventing an countering violent extremism and radicalization that lead to terrorism, with a focus in particular on women’s empowerment and the participation of women as well as men in these efforts; (d) To assist participating States in developing practical activities, in partnership with civil society and the private sector as appropriate, to support the elaboration of policies, approaches, and strat- egies to prevent and counter violent extremism and radicalization that lead to terrorism;
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(e) To promote the sharing of best practices, as appropriate, and explore the possible elaboration of international guidelines on rehabilitation, reintegration and the prevention of terrorist radical- ization in prisons; (f) To implement community policing approaches to preventing terrorism and countering violent extremism and radicalization that lead to terrorism; (g) To promote co-operation among experts from government, civil society, academia, the media and the private sector to prevent and counter violent extremism and radicalization that lead to terrorism; (h) To strengthen the role of civil society, women, youth and religious leaders in preventing and countering violent extremism and radicalization that lead to terrorism; (i) To promote and protect human rights and fundamental freedoms, as well as the rule of law, in the context of measures to prevent terrorism and to counter violent extremism and radicalization that lead to terrorism; (j) To address negative socioeconomic factors in the context of preventing terrorism and counter- ing violent extremism and radicalization that lead to terrorism; (k) To encourage educational initiatives and other measures to promote tolerance and nondis- crimination, nonviolence, and to raise public awareness of, and counter xenophobic stereotypes, intolerance and discrimination, as part of efforts to prevent and counter violent extremism and radicalization that lead to terrorism; (l) To recognize the role of the media in encouraging pluralistic debate and to encourage profes- sionalism and voluntary selfregulation in the media, with a view to fostering tolerance of ethnic, religious, linguistic and cultural diversity, and to preventing and countering violent extremism and radicalization that lead to terrorism, while respecting the independence and freedom of the media;
20. To co-operate with the United Nations and other relevant international and regional organi- zations and initiatives, to avoid duplication of efforts and maximize synergies in preventing and countering violent extremism and radicalization that lead to terrorism;
21. To support the Partners for co-operation in accordance with the needs and priorities identi- fied by them, as stated in Ministerial Council Decision No. 5/11 on Partners for co-operation, and in line with established procedures and when so requested; (…)
Ministerial Declaration on Youth and Security
We, the members of the Ministerial Council of the Organization for Security and co-operation in Europe, recall the OSCE commitments relating to youth, built upon relevant provisions of the Helsinki Final Act.
We take note of the efforts of the current and previous OSCE Chairmanships and stress the impor- tance of promoting the implementation of the OSCE commitments on youth, particularly in the area of education and the role young people can play to support participating States in implement- ing OSCE commitments in all three dimensions of the OSCE.
We recognize that youth and children require particular attention and that their needs, concerns and interests should be addressed in a comprehensive manner.
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Ministerial Declaration on Reinforcing OSCE Efforts to Counter Terrorism in the Wake of Recent Terrorist Attacks
We, the Ministers for Foreign Affairs of the participating States of the Organization for Security and co-operation in Europe, are horrified by the deadly terrorist attacks against civilians that occurred across the OSCE area and in its neighbourhood in 2015; we offer heartfelt condolences to the families of the victims, and to the people and governments that have been targeted, and wish a speedy recovery to those who were injured.
We condemn unequivocally and in the strongest terms all terrorist attacks, including the indis- criminate killing of civilians and the deliberate targeting of individuals and communities, inter alia on the basis of their religion or belief, in particular by the Islamic State in Iraq and the Levant, also known as DAESH (ISIL/DAESH), Al Nusrah Front (ANF), and all other individuals, groups, undertakings and entities associated with Al Qaida, which constitute a global and unprecedented threat to international peace and security.
We reaffirm that terrorism, in all its forms and manifestations, constitutes one of the most seri- ous threats to international peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever and by whomsoever committed, and that terrorism cannot and should not be associated with any race, religion, nationality or civilization.
We are committed to reinforcing our efforts to address the threat of terrorism, including the threat posed by foreign terrorist fighters, (…) (…)
We reaffirm our commitment to remain united in combating terrorism and to work together to prevent and suppress terrorist acts, as well as to address the conditions conducive to its spread, through increased international solidarity and co-operation, in full recognition of the central role of the United Nations, and in accordance with the UN Charter and other obligations under appli- cable international law, in particular international human rights law, international refugee law and international humanitarian law, as well as through the full implementation of the UN Secu- rity Council resolutions and the UN Global Counter-Terrorism Strategy.
We underscore that respect for human rights, fundamental freedoms and the rule of law are com- plementary and mutually reinforcing with effective counterterrorism measures, and are an essen- tial part of a successful counterterrorism effort, and note the importance of the respect for the rule of law so as to effectively prevent and combat terrorism.
We reiterate our determination and commitment to co-operate fully in preventing and countering terrorism in accordance with our obligations under international law in order to find, deny safe haven to and bring to justice, on basis of the principle of “extradite or prosecute”, any person who supports, facilitates, participates in or attempts to participate in the financing, planning, prepara- tion or perpetration of terrorist acts or provides safe havens.
We stress that terrorism can only be defeated by a sustained and comprehensive approach involv- ing the active participation and co-operation of all participating States and relevant international and regional organizations, as well as, where appropriate, civil society, to impede, impair, isolate and incapacitate terrorist threat. (…)
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We are convinced that combating terrorism, in accordance with OSCE principles and commit- ments, requires comprehensive and sustained efforts, in addressing the manifestations of terrorism, as well as the various social, economic, political and other factors, which might engender condi- tions in which terrorist organizations could engage in recruitment and win support, while recog- nizing that none of these conditions can excuse or justify acts of terrorism.
We reaffirm the steadfast determination of the participating States to protect the fundamental principles on which the OSCE is based, and to implement all OSCE commitments, particularly those related to preventing and combating terrorism, including the phenomenon of foreign terror- ist fighters to countering violent extremism and radicalization that lead to terrorism, to respect- ing human rights and the rule of law and to fostering tolerance and nondiscrimination, mutual respect and understanding in our societies.
373 Document of the Twenty-Third Meeting of the Ministerial Council Hamburg 2016
I. Statements and Declarations by the Ministerial Council
Declaration on Strengthening OSCE Efforts to Prevent and Counter Terrorism
1. We, the Ministers for Foreign Affairs of the participating States of the Organization for Secu- rity and co-operation in Europe, condemn in the strongest possible terms all terrorist attacks that occurred across the OSCE area, neighbouring regions, and worldwide, in particular in 2016. We reaffirm our solidarity with victims of terrorism and emphasize the need to promote interna- tional solidarity in support of them and to ensure that they are treated with dignity and respect. We offer heartfelt condolences to the families of the victims, and to the people and governments that have been targeted.
2. We condemn unequivocally and express outrage at the indiscriminate killing and deliberate tar- geting of civilians, numerous atrocities, persecutions of individuals and communities, inter alia on the basis of their religion or belief, by terrorist organizations, in particular by the so-called Islamic State in Iraq and Levant, also known as DAESH (ISIL/DAESH), AlQaida, ANF/Jabhat Fatah al-Sham, and associated individuals, groups, undertakings and entities.
3. We reaffirm that terrorism, in all its forms and manifestations, constitutes one of the most seri- ous threats to international peace and security and that any act of terrorism is criminal and unjus- tifiable regardless of its motivations, and that terrorism cannot and should not be associated with any race, religion, nationality or civilization.
4. We underscore the central role of the United Nations in preventing and countering terrorism, and strongly reaffirm our commitment to take the measures needed to protect everyone within our jurisdictions against terrorist acts and the need for all actions to be conducted in compliance with the UN Charter, and all other applicable obligations under international law, in particular interna- tional human rights law, international refugee law and international humanitarian law, as well as relevant UN Security Council resolutions. In accordance with these documents, we underscore the importance of our commitments under the UN Global Counter-Terrorism Strategy. We also take note of the relevant good practices documents adopted by the Global Counterterrorism Forum.
5. We recall all relevant OSCE documents adopted in the field of preventing and countering ter- rorism under the previous Chairmanships. (…)
6. We stress that participating States have the primary role in preventing and countering terrorism and violent extremism and radicalization that lead to terrorism (VERLT), while respecting their obligations under international law, in particular human rights and fundamental freedoms. We strongly reaffirm our determination and commitment to remain united in preventing and coun- tering terrorism, through increased international solidarity and co-operation and a sustained and
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comprehensive approach at all relevant levels, involving the active participation and co-operation of all participating States and relevant international and regional organizations. We recognize that participating States should take measures, consistent with their OSCE commitments, and while ensuring national ownership, to address the conditions conducive to the spread of terrorism, while recognizing that none of these conditions can excuse or justify acts of terrorism. In this context, we recognize the need to address the threat posed by narratives used by terrorists, including pub- lic justification of terrorism, incitement and recruitment, and call on the participating States to act cooperatively to develop the most effective responses to this threat, in compliance with inter- national law, including international human rights law. (…)
8. We reaffirm that those who participate in the financing, planning, facilitating, preparing, or per- petrating terrorist acts must be held accountable and brought to justice on the basis of the prin- ciple extradite or prosecute, in compliance with the obligations under international law, as well as applicable domestic legislation. We reiterate our determination and commitment to co-oper- ate fully in preventing and countering terrorism, while respecting human rights and fundamen- tal freedoms, and in compliance with obligations under international law. We call on States to co-operate in efforts to address the threat posed by terrorists, including foreign terrorist fighters and returnees, by inter alia developing and implementing, after prosecution, rehabilitation and reintegration strategies.
9. We emphasize the key importance of information sharing, especially in the areas of foreign ter- rorist fighters, stolen and lost travel documents, firearms, and looted or stolen cultural property, such as antiquities and encourage all States to make full use of available multilateral and bilateral mechanisms and data exchange systems.
10. We stress the importance of co-operation among OSCE participating States, including by involving where appropriate, civil society, to prevent and counter terrorism. We also underscore the important role that civil society, in particular youth, families, women, victims of terrorism, religious, cultural and education leaders, as well as the media and the private sector can play in preventing VERLT, inter alia by countering terrorist and violent extremism messaging and offer- ing alternatives to these narratives, including on the Internet, social and other media. We encour- age political leaders and public figures including from civil society and religious leaders to speak out strongly and promptly against violent extremism and radicalization that lead to terrorism. (…)
12. We welcome the activities pursued by the OSCE executive structures, including the OSCE insti- tutions, within existing mandates and available resources, in support of the implementation of OSCE commitments in the field of preventing and countering terrorism, in line with the OSCE’s comprehensive approach to security.
13. We invite the OSCE Partners for co-operation to join us in affirming this declaration.
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II. Decisions of the Ministerial Council
Decision No. 3/16
The OSCE’s Role in the Governance of Large Movements of Migrants and Refugees
The Ministerial Council,
Recognizing that the benefits and opportunities of safe, orderly and regular migration are substan- tial and often underestimated, whilst noting that irregular migration in large movements often pre- sents complex challenges, and recognizing the substantial economic and social contribution that migrants and refugees can make for inclusive growth and sustainable development,
Recognizing the leading role of the United Nations,
Commending efforts made since 2015 by the Serbian and German OSCE Chairmanships to address issues related to the governance of these movements more effectively in the OSCE,
Acknowledging the many specific activities linked to migration and refugees already undertaken by OSCE executive structures, within existing mandates, as well as by participating States, based on existing OSCE commitments, relevant United Nations documents and national policies,
Building on in-depth discussions conducted at the OSCE, (…), (…)
2. Encourages the OSCE executive structures, within existing mandates and available resources, to continue their work on the issue of migration, including by reinforcing activities leading to the exchange of best practices and enhancing dialogue and co-operation with Partners for co-oper- ation, in a manner that complements the activities undertaken by other relevant international organizations and agencies;
3. Encourages participating States also to use the OSCE platform, including appropriate OSCE working bodies, to continue addressing migration-related issues where the OSCE has developed its expertise, and improve dialogue on migration-related matters with regard to developing pos- sible effective measures and common approaches to address them.
Decision No. 4/16
Strengthening Good Governance and Promoting Connectivity
The Ministerial Council,
Reaffirming the relevance of, and our full respect for all OSCE norms, principles and commit- ments related to our co-operation in the economic and environmental dimension, and bearing in mind the comprehensive approach of the OSCE to security,
Reaffirming the OSCE commitments on combating corruption, (…), (…)
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Recognizing that good governance, transparency and accountability are essential conditions for economic growth, trade, investment and sustainable development, thereby contributing to stabil- ity, security and respect for human rights in the OSCE area,
Recognizing that corruption and lack of good governance are potential sources of political tension that undermine the stability and security of participating States,
Acknowledging that good governance, rule of law, the prevention of and fight against corruption, money laundering and the financing of terrorism; sound regulatory frameworks, including ade- quate protection for whistleblowers; a public sector based on integrity, openness, transparency and accountability as well as good corporate governance based on efficient management, proper auditing, accountability and adherence to and respect for laws, rules and regulations, business ethics and codes of conduct established in close consultation with business and civil society are critical components for promoting a positive business and investment climate in the OSCE area,
Welcoming the fact that almost all participating States have ratified or acceded to the United Nations Convention against Corruption (UNCAC) and are working towards fulfilling the com- mitments deriving from the Convention, (…)
Affirming that transparent management of public resources by strong and well-functioning insti- tutions, a professional and effective civil service as well as sound budgetary and public procure- ment processes are major components of good governance,
Recognizing the importance of the active participation of the private sector, including small and – enterprises, civil society and media, in preventing and combating corruption and promoting a sound business and investment climate,
Recognizing that regional and sub-regional integration processes and agreements can give an important impulse to trade and economic development in the OSCE area and the OSCE partic- ipating States, (…)
Reaffirming that our economic co-operation should be based on solidarity, transparency, equal and nondiscriminatory partnership, mutual accountability, and full respect for the interests of all OSCE participating States, and that, if action in the economic field has a negative impact on other participating States, we will seek to minimize this, in line with our international obligations, (…)
Recognizing the importance of the public and private sectors’ full adherence to labour, social, and environmental standards and its contribution to good governance and sustainable development, (…)
Reaffirming the existing OSCE commitments in the field of good governance, stressing our deter- mination to fight trafficking in human beings in all its forms, and recognizing the role that trans- parency and accountability in public procurement processes can play in preventing and combating human trafficking and labour exploitation,
Strengthening good governance, promoting transparency and improving the business climate
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1. Encourages participating States to accede to, ratify and implement the United Nations Conven- tion against Corruption (UNCAC) and to exchange information and best practices on the UNCAC Second Review Cycle process, as laid out in UNCAC;
2. Encourages participating States to, where appropriate, implement and adhere to other relevant international standards, (…), and to contribute to intensifying the involvement of all relevant stakeholders, including civil society and the business community in their implementation, (…);
3. Encourages participating States to promote the exchange of best practices among all relevant stakeholders that contribute to good public and corporate governance, the promotion of trans- parency, and the prevention and combating of corruption, also in the sphere of the environment;
4. Calls upon participating States to further promote integrity, accountability and cost-effectiveness in public procurement processes, also by ensuring that private interests are not unduly influenc- ing decisions at relevant levels of government, and to ensure adequate transparency requirements for companies participating in public tenders;
5. Calls upon participating States to facilitate access to appropriate government information by increasing the accountability of the public sector and by stimulating public participation through e-governance;
6.Tasks relevant OSCE executive structures, including field operations, within their mandates and available resources, to contribute to enhancing co-operation between participating States, the private sector and civil society and to actively involve the private sector and civil society in their activities on strengthening good governance, promoting transparency and improving the busi- ness and investment climate; (…)
Strengthening good governance through adherence to labour, social, and environmental standards
15. Encourages participating States to facilitate secure transportation and trade while preventing illicit trafficking in accordance with the relevant provisions of international law and agreements to which the OSCE participating States are parties, and to increase efforts aimed at overcoming challenges such as labour exploitation and poorly regulated and inspected worksites;
16. Invites participating States to strive for better application of internationally recognized labour, social, and environmental standards within the UN, ILO, and where appropriate OECD;
17. Encourages participating States to promote, in co-operation with the private sector, sustaina- ble consumption and production patterns based on internationally recognized labour, social, and environmental standards;
18. Tasks relevant OSCE executive structures, including field operations, within their existing mandates and available resources, to support participating States in exchanging best practices on raising awareness of the relevance of internationally recognized labour, social and environmen- tal standards, and on strengthening good governance and promoting transparency in public pro- curement processes;
Strengthening public-private partnerships in the fight against corruption, money laundering and financing of terrorism
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19. Encourages participating States to facilitate co-operation among law enforcement, the judi- ciary and financial intelligence units and other relevant actors as well as between the public and the private sector and civil society, including media, in combating corruption, money laundering and other financial crime;
20. Tasks relevant OSCE executive structures, including field operations, within their mandates and available resources, to facilitate dialogue and co-operation among governments, private sec- tor and civil society in order to support good governance efforts, including combating corruption, money laundering and the financing of terrorism, and in order to address impediments to eco- nomic growth and sustainable development;
21. Encourages the Partners for co-operation to voluntarily implement the provisions of this decision.
Decision No. 5/16
OSCE Efforts Related to Reducing the Risks of Conflict Stemming from the Use of Information and Communication Technologies
The Ministerial Council (…),
Reaffirming that efforts by OSCE participating States to reduce the risks of conflict stemming from the use of information and communication technologies will be consistent with: international law, including, inter alia, the UN Charter and the International Covenant on Civil and Political Rights; the Helsinki Final Act; and their responsibilities to respect human rights and fundamental freedoms,
Welcoming UN General Assembly resolution A/RES/70/237, and stressing the relevance to OSCE efforts to reduce the risks of conflict stemming from the use of information and communication technologies of the 2010, 2013 and 2015 reports of the United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security,
Emphasizing the importance of OSCE confidence-building measures to reduce the risks of conflict stemming from the use of information and communication technologies to complement existing global, regional and subregional efforts in this field;
Emphasizing the importance of communication at all levels of authority to reduce the risks of con- flict stemming from the use of information and communication technologies, (…)
1. Endorses the adoption of Permanent Council Decision No. 1202 of 10 March 2016 on OSCE confidence-building measures to reduce the risks of conflict stemming from the use of informa- tion and communication technologies;
2. Stresses the importance of implementing existing OSCE confidence-building measures to reduce the risks of conflict stemming from the use of information and communication technologies and developing additional confidence-building measures (…);
3. Welcomes the participating States’ activities in the implementation of the existing OSCE confi- dence-building measures to reduce the risks of conflict stemming from the use of information and
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communication technologies, and notes in this respect the importance of continuously updating national contact points to facilitate pertinent communication and dialogue;
4. Encourages all participating States to contribute to the implementation of the OSCE confi- dence-building measures to reduce the risks of conflict stemming from the use of information and communication technologies;
5. Recognizes the importance of effective information exchange among participating States related to the OSCE confidence-building measures to reduce the risks of conflict stemming from the use of information and communication technologies and, inter alia, of ensuring rapid communication at technical and policy levels of authority, and of elaborating procedures for holding consultations in order to reduce the risks of misperception and of possible emergence of political or military tensions or conflict that may stem from the use of information and communication technologies;
6. Intends to explore, within the cross-dimensional, informal working group established pursuant to Permanent Council Decision No. 1039 under the auspices of the Security Committee, ways of strengthening the work of the OSCE as a practical platform for constructive and efficient imple- mentation, and the possible development of further confidence-building measures to reduce the risks of conflict stemming from the use of information and communication technologies;
7. Invites participating States to make concrete proposals to this end by 30 June 2017;
8. Encourages relevant OSCE executive structures to assist participating States, upon their request, in the implementation of the OSCE confidence-building measures to reduce the risks of conflict stemming from the use of information and communication technologies, and to enhance perti- nent national capabilities and processes, within available resources; (…)
10. Underscores that further OSCE activities to reduce the risks of conflict stemming from the use of information and communication technologies, including those of relevant OSCE executive structures, should build on existing OSCE efforts, be in line with respective mandates and OSCE commitments, complement efforts by the United Nations, international and other regional fora, and be organized within available resources;
11. Invites the OSCE Partners for co-operation to enhance dialogue on efforts to reduce the risks of conflict stemming from the use of information and communication technologies.
Decision No. 6/16
Enhancing the Use of Advance Passenger Information
We, the Ministers for Foreign Affairs of the participating States of the Organization for Security and co-operation in Europe,
Reiterating the need to combat terrorism, which constitutes one of the most serious threats to international peace and security, (…) (…)
Reiterating the Ministerial Declaration on the OSCE Role in Countering the Phenomenon of For- eign Terrorist Fighters (…), which commits OSCE participating States to prevent the movement
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of foreign terrorist fighters through effective border controls and controls on the issuance of iden- tity papers and travel documents, to exchange information in this regard, and to implement Min- isterial Council Decisions No. 7/03, No. 4/04, No. 6/06 and No. 11/09 on travel document security while fully respecting the obligations under international law, in particular international human rights law and international refugee law, including to ensure that refugee status is not abused by the perpetrators, organizers or facilitators of terrorist acts,
Declaring our intention to detect and prevent the movement of foreign terrorist fighters (…) (…)
Decide that OSCE participating States commit to:
1. Establish national advance passenger information (API) systems (…) in order to effectively col- lect passenger and/or crew data from airlines operating in their territories;
2. Consider establishing at the national level an interactive system to exchange API data (iAPI) in order to prevent the movement of foreign terrorist fighters (…);
3. (…) recognizing that States are responsible for ensuring the implementation of adequate secu- rity measures at airports;
4. Collaborate with all relevant national stakeholders in the implementation of national-level API systems, and consider establishing one authority to receive, on behalf of all other authorities, all forms of passenger data through one single-window data entry point;
5. Increase the added value of API data by seeking to establish automated
cross-checking of this data against relevant national, regional and international watch lists, in par- ticular Interpol databases and UN Sanctions Lists;
6. Provide assistance to support other requesting participating States in establishing an API system;
We task the OSCE executive structures, within their respective mandates and available resources, with:
7. Supporting global efforts in raising awareness of the requirements of UN Security Council res- olutions 2178 (2014) and 2309 (2016) on advance passenger information and by determining the technical assistance needs of requesting participating States, as well as identifying potential donor assistance for capacity-building;
8. Supporting requesting participating States in the establishment of API systems, in co-operation with relevant international and regional organizations.
381 Document of the Twenty Fourth Meeting of the Ministerial Council Vienna 2017
II. Decisions of the Ministerial Council
Decision No. 5/17
Enhancing OSCE Efforts to Reduce the Risks of Conflict Stemming from the Use of Information and Communication Technologies
The Ministerial Council (…),
Noting the immense opportunities that information and communication technologies provide for social and economic development, and that they continue to grow in importance for the interna- tional community,
Recognizing that OSCE participating States benefit from an open, secure, stable, accessible and peaceful information and communication technologies environment,
Reaffirming that efforts by OSCE participating States to reduce the risks of conflict stemming from the use of information and communication technologies will be consistent with: international law, (…) and their responsibilities to respect human rights and fundamental freedoms,
Expressing concern about the increase in significant incidents involving the malicious use of infor- mation and communication technologies, and stressing that these negative trends hold security risks for all OSCE participating States and their citizens, as well as public and private sectors, (…)
Recognizing the need to further enhance OSCE efforts to continue building trust and to reduce the risks of conflict stemming from the use of information and communication technologies,
Decides to:
1. Continue to implement all decisions on confidence-building measures adopted by the OSCE to reduce the risks of conflict stemming from the use of information and communication technolo- gies to contribute to an open, secure, stable, accessible and peaceful information and communi- cation technologies environment in line with OSCE commitments;
2. Identify ways of strengthening and optimizing the work of the OSCE as a practical platform for reducing risks of conflict stemming from the use of information and communication technolo- gies, and at the same time continuing the work of the cross-dimensional Informal Working Group established pursuant to Permanent Council Decision No. 1039;
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3. Encourage executive OSCE structures, within their mandates and available resources, to assist participating States, upon their request, in the implementation of the OSCE confidence-building measures to reduce the risk of conflict stemming from the use of information and communication technologies, and to enhance pertinent national capabilities and processes;
4. Invite the OSCE Partners for co-operation to enhance dialogue on efforts to reduce the risks of conflict stemming from the use of information and communication technologies.
Decision No. 6/17
Strengthening Efforts to Prevent Trafficking in Human Beings
The Ministerial Council,
Reaffirming that trafficking in human beings is a grave and heinous crime that violates human dignity and that all aspects of combating human trafficking should be firmly based on the rule of law and respect for human rights,
Reaffirming our strongest condemnation of all forms of trafficking in human beings, including for the purpose of labour and sexual exploitation, child trafficking, forced criminality, as well as for the purpose of organ removal, and recognizing that the prevention of this crime is a priority,
Reaffirming also our commitment to addressing factors that make persons more vulnerable to trafficking and emphasizing the importance of a cross-dimensional and comprehensive approach to combating trafficking in human beings, which requires a focus on carrying out effective pre- vention measures, (…)
Reiterating our support for the effective implementation of the United Nations Convention against Transnational Organized Crime and its supplementing Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, as the international legal framework for combating trafficking in persons, and the importance of the implementation of the United Nations Global Plan of Action to Combat Trafficking in Persons,
Recalling the relevance for the prevention of and fight against trafficking in human beings of the 2030 Agenda for Sustainable Development as well as the United Nations Convention on the Rights of the Child (1989) if they are a party,
Noting that enhanced judicial and law enforcement co-operation and coordination among partic- ipating States and Partners for co-operation, including effective border security and management may contribute to preventing human trafficking, inter alia, by disrupting and dismantling related transnational criminal organizations and by prosecuting the perpetrators,
Stressing the importance of the implementation of international labour standards as applicable within efforts to prevent human trafficking and taking note of international labour instruments, (…), which also contain good practices on prevention of human trafficking for labour exploitation,
Commending participating States that require contractors supplying goods and services to the gov- ernment to take effective and appropriate steps to address the risks of human trafficking in their supply chains, including steps that aim to prevent subcontractors and employees from participating
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in activities known to lead to human trafficking. Also commending those States that encourage the private sector to consider the risks of human trafficking in their own operations and in those of their subcontractors and suppliers, aiming to ensure that they address risks proactively,
Recognizing the contribution of civil society, including religious organizations, in preventing traf- ficking in human beings, and in assisting its victims,
Calls on participating States to:
1. Develop targeted prevention policies based on, as appropriate, enhanced research and system- atically gathered reliable information, including with the support of national mechanisms, such as national rapporteurs where they exist, in order to maximize the effect and impact of anti-traf- ficking efforts at the national and international level;
2. Promote dialogue and co-operation among governments, international organizations, civil soci- ety, and the private sector, including businesses, and trade unions and employers organizations as social partners, with a view to enhance efforts to prevent human trafficking, inter alia through increasing awareness of each actor’s role and through facilitating the exchange of information on human trafficking among countries of origin, transit and destination, including the Partners for co-operation, and recognizing the importance of the voice of victims of human trafficking in elab- orating effective anti-trafficking strategies;
3. Continue to use the OSCE as a platform for dialogue on judicial and law enforcement co-operation, border security and management as an important element to prevent trafficking in human beings;
4. Promote multiagency, cross-sectorial and multi-national capacity-building programmes that foster measures to prevent human trafficking in all of its forms, with a particular focus on factors that make people vulnerable to trafficking;
5. Take appropriate measures for effectively combating human trafficking, by developing harmo- nized procedures and training courses, inter alia on identification and protection of trafficking victims, including for relevant authorities, civil society organizations, health care and social work- ers as well as others that may have first contact with victims;
6. Strengthen education and awareness-raising efforts, including human rights education, and develop and implement empowerment programmes which take into account the particular needs of women, men, girls and boys, in order to enhance the capacity to recognize, prevent and fight human trafficking within communities;
7. Adopt a victim-centred, trauma-informed and, in that respect and in line with Ministerial Coun- cil Decision No. 14/06, gender-sensitive approach, that fully respects human rights and fundamen- tal freedoms in all preventive and assistance efforts;
8. Recognize the important contribution that media can make to the prevention of human traf- ficking, inter alia, through the adoption of voluntary professional standards to responsibly and sensitively cover cases of human trafficking;
9. Identify, develop and share best practices, including as contained in the 2013 Addendum to the OSCE Action Plan to Combat Trafficking in Human Beings: One Decade Later, for success- ful national and global partnerships between the public and private sector in combating human trafficking, to promote respect for human rights and corporate social responsibility, including
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through public awareness-raising about the risk of human trafficking in production and sources of goods and provision of services;
10. Encourage the private sector to adopt policies and procedures to prevent all forms of human trafficking, to be actively involved in multi-stakeholder efforts, to develop awareness about the risks of human trafficking and to take into account best practices such as establishing independ- ent monitoring, verification and certification mechanisms to document compliance with and implementation of codes of conduct or selfestablished ethical standards, including through pro- viding incentives for businesses to – act with due diligence and transparency to prevent the abuse and exploitation of workers throughout their supply chains and to enable a level playing field for responsible companies;
11. Promote policies, in complementarity with national legislation, that take into account whether businesses are taking appropriate and effective steps to address the risks of human trafficking, including with regards to their subcontractors and employees, when considering the awarding of government contracts for goods and services;
12. Take appropriate measures to identify and eradicate the abusive and fraudulent recruitment and employment practices which can lead to trafficking for labour exploitation, sexual exploita- tion, for forced criminality, or other forms of trafficking, including measures to promote clear cri- teria for the official registration of recruitment and placement agencies and through reinforcing the role of competent authorities, such as labour inspectors;
13. Promote measures to prevent and address the use of forced labour by diplomatic and other per- sonnel of diplomatic missions and consular posts and international organizations, and promote a zero-tolerance policy for trafficking by such personnel, and take into account international best practices as compiled, for example, in the OSCE Handbook on how to prevent human trafficking for domestic servitude in diplomatic households and protect private domestic workers, and noting that many such measures are consistent with the Vienna Conventions on Diplomatic Relations and Consular Relations as well as headquarter agreements of international organizations and recogniz- ing that the Vienna Conventions include a duty to respect the laws and regulations of the receiv- ing State, including those designed to prevent and address human trafficking;
14. Task the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings and, as appropriate, other relevant executive structures in accordance with their mandates and in coordination with the OSCE Special Representative, to continue co-operation in the Alli- ance against Trafficking in Persons, and other regional and global platforms, inter alia, the Inter- Agency Coordination Group against Trafficking in Persons;
15. Encourage the relevant executive structures in accordance with their mandates and in coor- dination with the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings, to continue undertaking research, in consultation with the participating States, to conduct capacity-building activities, to assist participating States, upon their request, in devel- oping policies and guidelines to strengthen efforts to prevent human trafficking;
16. Task the Secretary General to review existing policies, audit and reporting procedures and recruitment safeguards, and to ensure that no activities of the OSCE executive structures, includ- ing the issuing of contracts for goods and services, contribute to any form of trafficking in human beings, (…).
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Decision No. 7/17
Strengthening Efforts to Combat all Forms of Child Trafficking, including for Sexual Exploitation, as well as other Forms of Sexual Exploitation of Children
The Ministerial Council, (…)
Deeply alarmed by the persistence of all forms of child trafficking, both transnational and inter- nal, including the trafficking of children for the purposes of sexual and labour exploitation, and reiterating the need to take more vigorous measures against it,
Reaffirming that the best interests of the child shall be a primary consideration in decisions taken with regard to trafficked or sexually exploited children, and the importance of respecting the spe- cial needs of children for protection and assistance, and the opportunity for the child to be heard,
Distressed that sexual exploitation of children can result in serious, lifelong consequences for the physical and psychological development and wellbeing of a child and, in many instances, is a form of human trafficking, Recognizing that all forms of child trafficking, including for sexual exploita- tion, as well as other forms of sexual exploitation of children violate human dignity and under- mine the enjoyment of human rights and fundamental freedoms,
Considering that all forms of child trafficking, including for sexual exploitation, as well as other forms of sexual exploitation of children constitute grave and heinous crimes, in many cases involv- ing organized crime, that must be prevented, investigated, prosecuted and penalized,
Recalling that the 2013 Addendum to the OSCE Action Plan to Combat Trafficking in Human Beings calls on participating States to develop and implement policies and actions, including law enforcement co-operation between participating States, to prevent the tourism industry from being used for all forms of trafficking in human beings, in particular for sexual exploitation of children,
Acknowledging that the sexual exploitation of children in travel and tourism, which can include travel from one country to another, is a serious crime and contributes to the demand that fosters trafficking in children for sexual exploitation,
Commending participating States that are working with the travel and tourism industry, including airlines and other modes of transportation, as well as hotels, the broader hospitality industry, civil society, and relevant international organizations to prevent all forms of child trafficking, including for sexual exploitation, as well as other forms of sexual exploitation of children, and to establish and implement procedures for identifying, reporting and addressing suspected child trafficking,
Underlining that information and communications technologies (ICTs) can play a positive edu- cational, developmental, and awareness-raising role for children, but can also be misused to facil- itate access to children for exploitation or for advertisement of children for sexual exploitation, and that social media platforms can be misused to groom children who may be subjected to sex- ual exploitation as well as all forms of child trafficking,
Recalling that the 2013 Addendum to the OSCE Action Plan to Combat Trafficking in Human Beings calls on participating States to train border officials, law enforcement officials, judges, prosecutors, immigration, and other relevant officials regarding the use of the Internet and other
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information and communication technologies for human trafficking and related crimes, includ- ing all forms of child trafficking and sexual exploitation of children,
Concerned that children who access pornography on the Internet may become desensitized to it and more likely to become a victim of or perpetrate sexual exploitation,
Taking note that new forms of age verification technologies have been developed over the last dec- ade and could help protect children from accessing pornography on the Internet,
Expressing concern that children in migration flows, particularly unaccompanied minors, can be particularly vulnerable to human trafficking and sexual exploitation and that specialized facili- ties, adequate security, training for and sufficient numbers of staff, as well as of female patrollers, can mitigate these risks,
1. Encourages co-operation among participating States, international organizations, and civil society in combating all forms of child trafficking, including for sexual exploitation, as well as other forms of sexual exploitation of children, taking note of their efforts to combat these crimes;
2. Encourages participating States to adopt a victim-centred and traum-ainformed approach that takes into account the respective gender-specific concerns of girls and boys, in the best interests of the child, and fully respects the human rights and fundamental freedoms of children subjected to human trafficking or sexual exploitation;
3. Calls on OSCE participating States which have not already done so to consider legal measures that would allow them to prosecute their citizens for serious sexual crimes against children, even if these crimes are committed in another country;
4. Calls on OSCE participating States to prevent all forms of child trafficking and sexual exploita- tion of children, including in tourist destinations, through education and awareness-raising, and to work with the private sector and civil society to raise awareness among the tourism industry, as well as business travellers and tourists, to help eliminate demand that fuels child trafficking and sexual exploitation of children;
5. Calls on OSCE participating States to strengthen co-operation and coordination among relevant authorities, such as law enforcement and immigration and border services of participating States, Partners for co-operation, and destination States outside the OSCE region, including through con- sidering measures, in full accordance with national laws and national and international data pro- tection frameworks, such as: (a) Adopting additional administrative measures in relation to perpetrators, such as the registration in sex offender registers of persons convicted of child sexual exploitation or abuse, as appropriate; (b) Where relevant, a means to exchange and/or receive information transnationally among law enforcement agencies and/or judicial authorities on persons convicted of child sexual exploita- tion or abuse;
6. Urges participating States to prosecute human traffickers and perpetrators of sexual exploitation of children, including those who misuse information and communication technologies to recruit children or facilitate access to children for the purpose of subjecting them to trafficking or sexual exploitation, and impose penalties that are effective dissuasive, and proportionate to the crime;
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7. Calls on participating States which have not already done so to promote the implementation of age verification technologies with a view to limit the access of children to pornographic websites;
8. Encourages participating States to call on information and communication technologies and social media companies to prevent the distribution of and take down child sexual abuse content online, and to protect children by combating grooming by human traffickers online for all forms of child trafficking as well as other sexual exploitation of children, including through the devel- opment of new tools and technologies;
9. Calls on participating States to share data, as appropriate and while protecting personal data from criminal use, concerning child trafficking and sexual exploitation of children with the Inter- pol International Child Sexual Exploitation (ICSE) image database, which is a hub for victim iden- tification worldwide and also can help identify traffickers and their collaborators, and trace the financial flow to dismantle criminal networks;
10. Calls on participating States to enhance further specialized training on information and com- munications technologies for border officials, law enforcement officials, judges, prosecutors, immi- gration and other relevant officials as well as teachers and health professionals, as appropriate, to combat all forms of child trafficking as well as other sexual exploitation of children;
11. Encourages participating States to raise public awareness on the vulnerabilities of children in migration flows to all forms of child trafficking, including for sexual exploitation, as well as other forms of sexual exploitation of children, to increase the capacity and broaden the scope of first line responders to identify child victims of trafficking and other sexual exploitation, and provide them with protection, as well as appropriate assistance and referrals for legal assistance as well as effective remedies and other services as applicable (…);
12. Tasks the relevant OSCE executive structures in accordance with their mandates and in coor- dination with the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings to continue to assist participating States, upon their request, with implementation of their commitments related to all forms of child trafficking, including for sexual exploitation, as well as other forms of sexual exploitation of children;
13. Invites OSCE Partners for co-operation to share voluntarily the commitments of the partici- pating States on combating all forms of child trafficking, including for sexual exploitation, as well as other forms of sexual exploitation of children.
388 Document of the Twenty Fifth Meeting of the Ministerial Council Milan 2018
I. Statements and Declarations by the Ministerial Council
Declaration on the Role of Youth in Contributing to Peace and Security Efforts
1. We, (…), acknowledge that youth are an important part of society and the role that they can play in supporting participating States in the implementation of commitments in all three dimensions.
2. We recall the OSCE commitments relating to youth, (…). (…)
5. We recognize the role youth can play in contributing to a culture of peace, dialogue, justice and peaceful coexistence, trust and reconciliation.
6. We invite the Partners for co-operation to voluntarily join us in affirming this declaration.
II. Decisions of the Ministerial Council
Decision No. 3/18
Safety of Journalists
The Ministerial Council,
Reaffirming all relevant OSCE commitments on the right to freedom of expression, freedom of the media, and free flow of information, (…), where the participating States reaffirmed that the right to freedom of expression includes freedom to hold opinions and to receive and impart informa- tion and ideas without interference by public authority and regardless of frontiers,
Mindful that everyone has the right to freedom of opinion and expression, (…), and that it consti- tutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and development,
Mindful also that any restrictions on the right to freedom of expression may only be such as are provided by law and are necessary on the grounds set out in paragraph 3 of Article 19 of the ICCPR,
Reaffirming that independent media are essential to a free and open society and accountable sys- tems of government and are of particular importance in safeguarding human rights and funda- mental freedoms, (…),
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Acknowledging that journalism and technology are evolving and that this contributes to the pub- lic debate, while it may also expand the range of risks that undermine the safety of journalists,
Taking note of the importance of promoting and protecting the safety of journalists for the imple- mentation of the relevant Sustainable Development Goal and Targets of the United Nations 2030 Agenda for Sustainable Development,
Recognizing that the work of journalists can put them, and their family members, at risk of vio- lence, as well as of intimidation and harassment, including through digital technologies, which can deter journalists from continuing their work or lead to self-censorship,
Noting with concern that the use of undue restrictive measures against journalists can affect their safety, and prevents them from providing information to the public, and thus negatively affects the exercise of the right to freedom of expression,
Reaffirming that the media in their territory should enjoy unrestricted access to foreign news and information services, that the public will enjoy similar freedom to receive and impart information and ideas without interference by public authority regardless of frontiers, including through for- eign publications and foreign broadcasts, and that any restriction in the exercise of this right will be prescribed by law and in accordance with international standards, (…),
Concerned that violations and abuses of the right to be free from arbitrary or unlawful interfer- ence with privacy may affect the safety of journalists,
Deeply concerned by all human rights violations and abuses committed in relation to the safety of journalists, including those involving killing, torture, enforced disappearance, arbitrary arrest, arbitrary detention and arbitrary expulsion, intimidation, harassment and threats of all forms, such as physical, legal, political, technological or economic, intended to suppress their work,
Concerned by the distinct risks faced by women journalists in relation to their work, includ- ing through digital technologies, and underlining the importance to ensure their greatest possi- ble safety and that the experiences and concerns of women journalists are effectively addressed,
Recognizing the crucial role of journalists in covering elections, in particular in informing the pub- lic about candidates, their platforms and ongoing debates, and expressing serious concern about threats and violent attacks that journalists can face in this regard,
Recognizing the importance of investigative journalism, and that the ability of media to investi- gate, and to publish the results of their investigations, including on the Internet, without fear of reprisal, can play an important role in our societies, including in holding public institutions and officials accountable,
Alarmed that targeted campaigns undermining the work of journalists are increasing, eroding public trust and confidence in the credibility of journalism, and recognizing that this can increase the risk of threats and violence against journalists,
Also alarmed at instances in which political leaders, public officials and/or authorities intimidate, threaten, condone or fail to condemn violence against journalists,
Expressing deep concern at the growing threat to the safety of journalists posed, inter alia, by ter- rorist groups and criminal organizations,
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Emphasizing also the particular risks with regard to the safety of journalists in the digital age, including the particular vulnerability of journalists to becoming targets of hacking or unlawful or arbitrary surveillance or interception of communications, undermining enjoyment of their right to freedom of expression and their right to be free from arbitrary or unlawful interference with privacy,
Reiterating that participating States condemn all attacks on and harassment of journalists and will endeavour to hold those directly responsible for such attacks and harassment accountable, (…), and also recognizing that accountability for crimes against journalists is a key element in preventing future attacks, (…)
Noting with concern the climate of impunity that prevails when violent attacks committed against journalists remain unpunished, and recognizing the role of governments, legislators and the judi- ciary in enabling a safe working environment and ensuring safety of journalists by, inter alia, publicly condemning and bringing to justice all those responsible for crimes against journalists, (…)
Recalling United Nations Security Council resolutions (…), which condemn all violations and abuses committed against journalists, media professionals and associated personnel in situations of armed conflict, and which state that journalists, media professionals and associated person- nel engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians and shall be protected as such, provided that they take no action adversely affecting their status as civilians,
Calls on participating States to:
1. Fully implement all OSCE commitments and their international obligations related to freedom of expression and media freedom, including by respecting, promoting and protecting the freedom to seek, receive and impart information regardless of frontiers;
2. Bring their laws, policies and practices, pertaining to media freedom, fully in compliance with their international obligations and commitments and to review and, where necessary, repeal or amend them so that they do not limit the ability of journalists to perform their work independently and without undue interference;
3. Condemn publicly and unequivocally all attacks and violence against journalists such as kill- ing, torture, enforced disappearance, arbitrary arrest, arbitrary detention and arbitrary expulsion, intimidation, harassment, and threats of all forms, such as physical, legal, political, technologi- cal or economic, used to suppress their work and/or unduly force closure of their offices, includ- ing in conflict situations;
4. Also condemn publicly and unequivocally attacks on women journalists in relation to their work, such as sexual harassment, abuse, intimidation, threats and violence, including through digital technologies;
5. Urge the immediate and unconditional release of all journalists who have been arbitrarily arrested or detained, taken hostage or who have become victims of enforced disappearance;
6. Take effective measures to end impunity for crimes committed against journalists, by ensur- ing accountability as a key element in preventing future attacks, including by ensuring that law
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enforcement agencies carry out swift, effective and impartial investigations into acts of violence and threats against journalists, in order to bring all those responsible to justice, and ensure that victims have access to appropriate remedies;
7. Urge political leaders, public officials and/or authorities to refrain from intimidating, threat- ening or condoning – and to unequivocally condemn – violence against journalists, in order to reduce the risks or threats that journalists may face and avoid undermining trust in the credibil- ity of journalists as well as respect for the importance of independent journalism;
8. Refrain from arbitrary or unlawful interference with journalists’ use of encryption and ano- nymity technologies and refrain from employing unlawful or arbitrary surveillance techniques, noting that such acts infringe on the journalists’ enjoyment of human rights, and could put them at potential risk of violence and threats to their safety;
9. Encourage State bodies and law enforcement agencies to engage in awareness-raising and train- ing activities related to the need to ensure safety of journalists, and to promote the involvement of civil society in such activities, where appropriate;
10. Establish or strengthen, where possible, national data collection, analysis and reporting on attacks and violence against journalists;
11. Ensure that defamation laws do not carry excessive sanctions or penalties that could under- mine the safety of journalists and/or effectively censor journalists and interfere with their mission of informing the public and, where necessary, to revise and repeal such laws, in compliance with participating States’ obligations under international human rights law;
12. Implement more effectively the applicable legal framework for the protection of journalists and all relevant OSCE commitments;
13. co-operate fully with the OSCE Representative on Freedom of the Media, including on the issue of safety of journalists;
14. Encourage the OSCE Representative on Freedom of the Media’s continued advocacy and pro- motion of safety of journalists in all OSCE participating States, in line with his/her mandate.
Decision No. 4/18
Preventing and Combating Violence Against Women
The Ministerial Council,
Reaffirming that the promotion and protection of equal rights and opportunities for all are essen- tial to democracy and economic development and therefore to security, stability and sustainable peace in the OSCE area,
Determined to ensure the full and equal enjoyment by women and girls of human rights and fun- damental freedoms, (…)
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Mindful of the importance of preventing and combating violence against women and girls for the implementation of the relevant Sustainable Development Goals of the United Nations 2030 Agenda for Sustainable Development,
Recognizing that inequality between men and women is a root cause of violence against women and girls, and that, in particular, discrimination and economic inequalities, including lack of eco- nomic independence, can increase women’s vulnerability to violence,
Deeply concerned by the persistence of violence against women and girls in all its forms as one of the most pervasive impediments to their full enjoyment of all human rights and to women’s full, equal and effective participation in political, economic, and public life,
Noting that violence against women and girls can cause death or physical, sexual, psychological, economic, political and social harm or suffering to girls and women of all ages, and results directly or indirectly in shorter and longer-term societal, political and economic costs,
Noting also that violence against women and girls takes many forms, which can include: domestic violence; sexual violence; harmful practices; trafficking in human beings, sexual and other types of exploitation; and sexual harassment,
Recognizing that women and girls may suffer many different kinds of discrimination, sometimes in combination, which exposes them to increased risk of violence, and that such combinations can lead to further discrimination,
Also recognizing the important roles played by the armed forces, law enforcement agencies, judicial systems and other legal professionals, in addressing all forms of violence against women and girls,
Recognizing further that abuse, threats, and harassment, including sexual harassment, have become increasingly common, especially through digital technologies, and may silence women’s and girls’ voices in the public sphere,
Mindful that women engaged in professional activities with public exposure and/or in the interest of society, are more likely to be exposed to specific forms of violence or abuse, threats, and har- assment, in relation to their work,
Considering that adolescence is an important phase in the social development of a person, and recognizing that this phase is often affected by persistent inequalities, negative attitudes, behav- iours, and gender stereotypes that can put girls and young women at heightened risk of discrim- ination and violence,
Recognizing the importance of actively engaging men and boys in efforts towards elimination of discrimination and all forms of violence against women and girls, including by addressing the root causes of gender inequality and violence and by raising awareness about the impact of neg- ative attitudes, behaviours, and gender stereotypes that can underlie and perpetuate discrimina- tion and violence,
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Noting the efforts of the OSCE MenEngage Network* in raising awareness about the important role that men and boys can play in the elimination of discrimination and all forms of violence against women and girls,
Recognizing that sexual harassment in public and private spaces, in particular in the workplace and in educational institutions, has a damaging impact on women and girls’ full enjoyment of human rights and equal opportunities, thus impairing their ability to remain and/or advance in the workplace and in educational institutions,
Acknowledging the role of civil society as an important partner of government, including at the local level, in preventing and combating violence against women and girls,
Taking note of the OSCE Parliamentary Assembly’s work to combat violence against women,
Calls on the participating States to:
1. Ensure access to justice, effective investigation, prosecution of perpetrators, as well as provide, while respecting their rights and privacy, adequate protection, rehabilitation and reintegration support for victims of all forms of violence against women and girls;
2. Take action, including through awareness-raising and capacity-building for the armed forces, law enforcement agencies, judicial systems and other legal professionals, on preventing and com- bating all forms of violence against women and girls;
3. Adopt measures, as appropriate, to encourage education on gender equality, human rights and nonviolent behaviour thus contributing to the prevention of all forms of violence against women and girls, which can include: harmful practices, sexual violence, domestic violence, as well as sex- ual harassment;
4. Organize awareness-raising campaigns on the risks of specific forms of violence facing women and girls, including through digital technologies, and on their rights and the support available for victims of such violence;
5. Take action to address violence, abuse, threats, and harassment, including through digital tech- nologies, directed at women;
6. Take measures, in consultation with companies that work on information and communication technologies (ICT), to address specific forms of violence faced by women and girls through dig- ital technologies;
7. Encourage all relevant actors, including those involved in the political process, to contribute to preventing and combating all forms of violence against women, including those engaged in pro- fessional activities with public exposure and/or in the interest of society, by, inter alia, raising the issue in public debates, and developing awareness-raising initiatives and other appropriate meas- ures, also considering the chilling impact of such violence on young women;
8. Incorporate initiatives into relevant national level policies and strategies to promote the engage- ment of men and boys in preventing and combating violence against women and girls, including
* The OSCE MenEngage Network is not an affiliated network of the MenEngage Alliance. The OSCE MenEngage Network is a closed network within OSCE.
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by implementing awareness-raising activities focusing on the positive, equitable and nonviolent roles men and boys can play in this regard, and by recognizing and addressing negative attitudes, behaviours, and gender stereotypes that perpetuate such violence;
9. Take measures to combat sexual harassment in public and private spaces, including in the work- place and in educational institutions, and encourage public and private employers to apply such measures;
10. Take measures to provide equal access to quality education for all girls; and strengthen the economic empowerment and economic independence of women, including by ensuring nondis- criminatory employment policies and practices, providing equal access to education and train- ing, equal remuneration for equal work, and equal access to and control over economic resources;
11. Encourage the involvement of civil society in preventing and combating violence against women and girls;
Tasks the relevant OSCE executive structures, in accordance with their mandates, to:
12. Assist participating States, upon their request, in improving their legal and policy frame- work and in implementing measures for preventing and combating all forms of violence against women and girls;
13. Continue co-operation with relevant international and regional organizations to collect sex-dis- aggregated data and statistics on the occurrence of all forms of violence against women and girls in the OSCE area;
14. Provide support to the participating States and civil society organizations for the exchange of good practices in preventing and combating all forms of violence against women and girls, includ- ing through the engagement of men and boys;
15. Support participating States, upon their request, in developing and reviewing legislation, pol- icies, and measures to combat sexual harassment in private and public spaces, including in the workplace and educational institutions;
16. Continue to ensure full implementation of, and to review the need for strengthening and/or increasing training on, the OSCE Code of Conduct for the OSCE staff/mission members as well as the OSCE policy on the professional working environment, stressing a zero tolerance approach to sexual harassment, including through efforts by senior management.
17. Encourages the participating States and relevant OSCE executive structures to consider engag- ing in joint activities with the OSCE Parliamentary Assembly and its Special Representative on Gender Issues.
Decision No. 5/18
Human Capital Development in the Digital Era
The Ministerial Council,
Recalling OSCE principles and commitments on which our economic co-operation is based and bearing in mind the comprehensive approach of the OSCE to security,
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(…)
Considering that the needs of the individual should be at the centre of economic growth and sus- tainable development, and aware that investment in human capital and promotion of knowledge and skills promote economic participation, social inclusion and sustainable growth which are interde- pendent and contribute to prosperity, trust, stability, security and co-operation in the OSCE area,
Taking into account the emerging and fast-evolving implications of digital transformation, which is leading to progress and prosperity, but also to the emergence of potential new or enhanced threats and challenges,
Aware that changes in the labour markets caused by digital transformation have the potential to widen social and economic disparities, and that there is a need for a stronger focus on the devel- opment of human capital, particularly for women, youth and persons with disabilities, especially in labour-intensive, low-skilled economic sectors,
Acknowledging that human capital development, including in the digital context, through its pos- itive impact on an informed and qualified workforce, sustainable development, jobs and wealth creation, can positively contribute to making economies and societies more resilient to corruption,
Determined to promote lifelong learning and vocational and professional training throughout the working life as essential tools for human capital development and for reducing existing digi- tal divides, particularly for women and girls in the areas of science, technology, engineering and mathematics,
Recognizing that there are opportunities and challenges associated with new forms of employ- ment arising from the digital transformation of the economy, and that while these changes in the labour market may promote economic growth and job creation, some of the challenges may have an impact on job and social stability, (…)
Acknowledging, in the context of the digitalization of the economy, the need to strengthen the resilience of the workforce and to adapt labour market policy frameworks to promote: the creation of jobs with full respect for human dignity and human rights; sustainable and inclusive economic growth; and equal opportunities for the participation of women and men in the labour market,
Recognizing the potential for human capital development to contribute to the implementation of the United Nations 2030 Agenda for Sustainable Development,
1. Encourages participating States to support the development of human capital so as to manage the transition to increasingly automated and digital economies, including through public-private partnerships and multi-stakeholder collaboration;
2. Encourages participating States to promote lifelong learning, starting from early education and continuing throughout working life, as a key pillar for managing this transition;
3. Calls upon participating States to promote access to quality education, training, upskilling and reskilling opportunities in order to enhance employability – promoting non-discriminatory access for women, youth and persons with disabilities and with special attention to those work- ing in labour-intensive industries;
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4. Encourages the participating States, as appropriate, to promote education, vocational training and retraining, in particular for women and girls, and especially in the fields of science, technol- ogy, engineering and mathematics, as a key measure to reduce digital divides and to advance the empowerment of women by promoting opportunities, including in the economy;
5. Invites the participating States to strengthen policy and institutional frameworks to facilitate innovative business models and a positive investment climate, to promote job creation and sus- tainable, inclusive economic growth;
6. Encourages the participating States to involve the private sector, civil society, trade and labour unions, academia, and other relevant stakeholders to identify and address the needs in terms of human capital development and to work together to develop and implement relevant policies and regulations;
7. Calls upon participating States to further examine opportunities and challenges associated with new forms of employment arising from the digital transformation of the economy, also with a view to ensuring adequate social protection;
8. Encourages the participating States to promote efforts against corruption in the education and training sectors, as well as open, equal and corruption-free access to education, digital skills and training opportunities;
9. Encourages participating States to make use of the OSCE to foster the exchange of best practices and to promote capacity-building initiatives in line with the provisions of this decision;
10. Encourages participating States to increase co-operation on human capital development, includ- ing with relevant international organizations, in areas such as facilitating and widening access to educational, research and training institutions, with particular attention to fostering digital skills;
11. Tasks relevant OSCE executive structures, including field operations, within their mandates and available resources, to assist participating States upon their requests in implementing the pro- visions of this decision;
12. Encourages the OSCE Partners for co-operation to voluntarily implement the provisions of this decision.
Decision No. 6/18
Strengthening Efforts to Prevent and Combat Child Trafficking, including of Unaccompanied Minors
The Ministerial Council,
Gravely alarmed by the prevalence of trafficking in children, including those who are unaccompa- nied, in all its forms, including for the purpose of sexual exploitation, forced labour, forced crim- inality, forced marriage, and the removal of organs,
Reaffirming all OSCE commitments to combat child trafficking, (…) (…)
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Deeply concerned about the large number of unaccompanied children who are vulnerable to human trafficking in recent years,
Acknowledging that the adoption of a victim-centred and trauma-informed approach that takes into account the respective gender-specific concerns of girls and boys and the best interests of the child, is paramount to effectively prevent and protect children from being subjected to traffick- ing in human beings,
Recognizing that collaboration among States, first line responders and civil society, can further help safeguard children, including those who are unaccompanied, from being subjected to human trafficking, (…)
Commending participating States that adopt special legislative and other measures for the early identification, reception and protection of children vulnerable to human trafficking, including unaccompanied minors,
Recognizing the importance of the contribution of civil society, including religious organizations, in inter alia assisting the work of national authorities in preventing and combating all forms of child trafficking, through national anti-trafficking mechanisms, including National Referral Mech- anisms, as appropriate, (…)
Calls on the participating States to:
1. Adopt relevant measures so that all child victims of human trafficking are treated in line with the principle of non-discrimination, and in accordance with their individual needs and taking into account their best interests, providing opportunities for them to be heard, as appropriate, and upholding and protecting their human rights;
2. Adopt a victim-centred and trauma-informed approach that takes into account the respective gender-specific concerns of girls and boys and the best interests of the child, and fully respects the human rights and fundamental freedoms of children subjected to human trafficking;
3. Provide, as relevant, government service providers and agencies that come into contact with chil- dren with adequate guidance and training on how to properly identify, report, assist, and protect child victims of trafficking in an age-appropriate and manner that takes into account the respec- tive gender-specific concerns of girls and boys, and consider the provision of relevant training to private sector actors that come into contact with child victims of trafficking;
4. Take measures to provide child victims of trafficking, when necessary, with a qualified and trained guardian or equivalent and/or a legal representative as a matter of priority, in order to safeguard the interests of child victims of trafficking, including those who are unaccompanied, and that their guardians and/or legal representatives are involved in procedures concerning their assistance and in finding durable and sustainable solutions for them;
5. Address the situation of child victims of trafficking, including those unaccompanied, within a child protection framework;
6. Promote national anti-trafficking mechanisms, including National Referral Mechanisms where they exist, and child protection systems where appropriate, that recognize the needs and rights
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of child victims of trafficking; incorporate victim-centred, trauma-informed and age-appropriate assistance; apply a multi-disciplinary approach, respecting human rights, that takes into account the respective gender-specific concerns of girls and boys, and reflects, as appropriate, input and recommendations from survivors of human trafficking when providing immediate assistance and looking for durable and sustainable solutions; as well as establish referral channels that are appro- priate for children;
7. Provide that, to the extent possible, any assessment of the needs of a child victim of traffick- ing takes into account his or her interests and views and the need for care, protection and safety;
8. Upon identification of a child as a victim of trafficking, or when there are reasonable grounds to believe that a child may have been subjected to trafficking, take appropriate action to keep the child safe, in particular by preventing sexual and other abuse, preventing re-victimization, in accord- ance with national laws, provide for the possibility of not imposing penalties on victims for their involvement in unlawful activities, to the extent that they have been compelled to do so, and by providing suitable rehabilitation, reintegration and/or repatriation programmes, where appropriate;
9. Encourage law enforcement, or other relevant authorities, as appropriate, to co-operate with one another by collecting and exchanging information, in accordance with their respective domestic laws, including concerning the protection of personal data, about child victims of trafficking and those at risk of being subjected to human trafficking, for the purpose of strengthening their pro- tection and addressing the issue of missing children;
10. Strengthen national, regional and international co-operation for preventing and combating child trafficking, particularly with regard to reporting and sharing information, about child vic- tims of trafficking, including those unaccompanied, in accordance their respective domestic laws, including concerning the protection of personal data;
11. Consider the appointment of a national focal point to whom enquiries can be addressed by offi- cials from other countries regarding child victims of trafficking, including those who went miss- ing and/or whom they plan to return to in their respective country of origin;
12. Promote efforts to prevent child trafficking, countering the culture of impunity, and reducing and addressing the demand which fosters all forms of exploitation;
13. Task the relevant OSCE executive structures, in accordance with their mandates, within availa- ble resources and in coordination with the OSCE Special Representative and Coordinator for Com- bating Trafficking in Human Beings, to continue assisting participating States, upon their request, in addressing all forms of child trafficking, by inter alia maximizing the existing knowledge basis and ensuring at the same time that no duplication of efforts and funded programmes occurs.
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I. Statements and Declarations by the Ministerial Council
Declaration on Strengthening co-operation in Countering Transnational Organized Crime (…)
3. We reiterate our grave concern about the negative effects of transnational organized crime on stability and security, including the exploitation of globalized economies and open societies, the undermining of democratic values and governance and the threatening of the safety and security of citizens, directly or indirectly, as well as human rights and fundamental freedoms.
4. We reaffirm participating States’ primary role in combatting transnational organized crime and underscore that it can best be fought by ensuring respect for human rights, fundamental freedoms, and by upholding the rule of law, and emphasize the key role played by an effective, trusted, profes- sional, independent and accountable criminal justice system in upholding public safety and security.
5. We acknowledge the central role of the United Nations in countering transnational organized crime, as well as the importance of the work done by relevant international organizations. We reaf- firm that the OSCE’s comprehensive concept of security complements global efforts to counter the complex threat of transnational organized crime.
6. We underline that countering transnational organized crime, and its root causes, requires effec- tive and democratic institutions accountable to citizens, criminal justice systems based on the rule of law, and the application of a holistic, comprehensive and coherent approach, in order to pre- vent and reduce opportunities for organized criminal groups to operate in, or infiltrate the fabric of, our societies, licit economies, and institutions, or to benefit from the proceeds of their crimes.
7. We recall the relevant international tools and mechanisms available to assist participating States in undertaking self-assessments and, where necessary, enhancing their criminal justice systems.
8. We recognize that transnational organized crime can have a differential impact on diverse groups within society. We encourage co-operation between all relevant stakeholders, including civil soci- ety, in order to help build resilient communities, and to develop comprehensive responses to, and preventive measures against, transnational organized crime which take into account the needs, concerns and interests of all groups within society, protect the victims of crime and provide them access to appropriate remedies, while promoting the full, equal and meaningful participation of women in the efforts to counter transnational organized crime.
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9. We underline the importance of strengthening national coordination and international co-op- eration in countering transnational organized crime, including, where appropriate, through direct contact and engagement between relevant authorities, and by exchange of information and best practices, as well as by using the tools provided by the OSCE, the UNODC, and other relevant international organizations.
10. We recommit to maintaining the countering of transnational organized crime among the pri- orities of the OSCE by enhancing implementation of the respective international obligations and the OSCE’s existing commitments. We reaffirm the tasking of the relevant OSCE executive struc- tures to brief the participating States regularly on OSCE activities related to the implementation of existing OSCE commitments to address transnational organized crime, and encourage contin- ued discussions on this topic among participating States.
11. We invite the OSCE Partners for co-operation to join us in affirming this declaration.
II. Decisions of the Ministerial Council
Decision No. 6/20
Preventing and Combating Corruption Through Digitalization and Increased Transparency
The Ministerial Council,
Recalling the importance of promoting good governance, including through increased transpar- ency, and preventing and combating corruption in enhancing security, stability and economic growth and reaffirming the respective OSCE commitments, (…), (…)
Recognizing the risks posed by corruption to security, stability, democracy, effective governance and economic and social development and the need to prevent and combat corruption at inter- national and national levels in a comprehensive way, including by addressing the links between corruption and money laundering, and through the effective implementation of asset recovery measures and improved international and regional co-operation in this regard,
Acknowledging the need to increase efforts to effectively prevent and combat corruption, includ- ing through digitalization, while upholding the rule of law and protecting human rights,
Recognizing the role of the OSCE in supporting the efforts of the participating States to prevent and combat corruption,
Acknowledging that a public sector based on integrity, openness, transparency, accountability, responsiveness and the rule of law, is crucial to prevent and combat corruption, and achieve sus- tainable economic growth and development, improve the business and investment climate and help facilitate participating States’ efforts to promote social integration and opportunities for all, including for women as well as youth,
Recognizing the importance of the participation of the private sector, civil society and media, as well as academia, in efforts to prevent and combat corruption and enhance good governance, including the realization of the principles of transparency and accountability,
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Acknowledging that accessible, secure and reliable e-government services that are user-centric can play a key role in increasing the efficiency and transparency of, and promoting trust in, pub- lic administration,
Recognizing the importance of open government data as a tool that can help to prevent and combat corruption by increasing accountability and transparency, allowing citizens, in accordance with domestic law, to better monitor the use of public funds and the policymaking process,
Recognizing the importance of developing and using methodologies and objective indicators and disaggregated data to measure corruption and the concrete impact of anti-corruption measures, in accordance with domestic law, and to adopt better evidence-based anti-corruption policies,
Being mindful of the Parliamentary Assembly’s contribution to promoting dialogue among OSCE parliamentarians with a view to strengthening legislation essential in preventing and combating corruption, (…)
1. Calls upon participating States to prevent and combat corruption by: (a) Enhancing good governance, including the principles of transparency and accountability, and promoting integrity and oversight; (b) Employing digital tools to strengthen integrity and accountability of public service providers with the view to help prevent and combat corruption as well as to achieve sustainable economic growth and development, improve the business and investment climate and to facilitate partici- pating States’ efforts to contribute to the social inclusion and equitable economic participation of women as well as young people; (c) Enhancing transparency in public administration through digitalizing paperbased and other analogue systems, particularly in public procurement as well as, where appropriate, in existing mechanisms for income and asset declarations of public officials and politically exposed persons, to the extent permitted by domestic law, with due respect to classified and personal data; (d) Promoting the use of digital tools for early detection and prevention of corruption through enhancing national and international secure electronic identification processes consistent with applicable domestic law; (e) Introducing digital tools, where appropriate, to reduce administrative barriers and burdens, and facilitating interaction between citizens, businesses, enterprises and public administration; (f) Promoting more transparent, accountable, reliable and accessible e-government portals with the aim to facilitate open access to information and effective delivery of public services; (g) Promoting and using digital technologies to strengthen and extend anti-corruption training in co-operation, where appropriate, with relevant international organizations in this field; (h) Encouraging the establishment and improvement of mechanisms aimed at ensuring transpar- ency of beneficial ownership information, in accordance with domestic law; (i) Supporting the education of youth, in accordance with domestic education systems, on the impor- tance of good governance, including transparency, and preventing and combating corruption as well as through fostering digital skills, and strengthening awareness-raising measures, including promoting collective action and collaboration between public and private sectors and civil society; (j) Reducing existing digital divides by promoting and supporting digital literacy and improving the accessibility of public administration online resources and applications;
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(k) Taking appropriate measures to ensure that easily accessible and safe reporting channels are available to whistleblowers, to put in place and implement legal mechanisms for the effective pro- tection of whistleblowers against retaliation, and to encourage relevant organizations to establish and implement necessary protections, in accordance with domestic law; (l) Adopting, in accordance with domestic law, a holistic multi-stakeholder approach to increase effectiveness and improve coordination of anti-corruption measures and initiatives, including pro- moting the implementation of corporate social responsibility; (m) Promoting the full, equal and meaningful participation of women in the development and implementation of relevant anti-corruption activities, with the view to achieving gender equal- ity, and taking into account that corruption disproportionately affects women and the vulnerable; (n) Enhancing interaction and international co-operation among relevant authorities and stake- holders in the anti-corruption field, with the aim to foster the exchange of information, experi- ences, best practices and lessons learnt;
2. Encourages those OSCE participating States that have not yet done so to become States Parties to the United Nations Convention against Corruption (UNCAC) and to effectively implement it;
3. Encourages participating States to make the best use of the OSCE as a platform for dialogue, co-operation, exchange of information and sharing of best practices in the area of preventing and combating corruption through digitalization and increased transparency;
4. Tasks relevant OSCE executive structures, including field operations, within their mandates and available resources, to assist participating States, upon their request, in implementing the provisions of this decision, including by cooperating with relevant regional and international organizations;
5. Encourages the OSCE Partners for co-operation to voluntarily implement the provisions of this decision.
Decision No. 7/20
Prevention and Eradication of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
The Ministerial Council,
Strongly condemning all forms of torture and other cruel, inhuman or degrading treatment or punishment as one of the most flagrant violations of human rights and human dignity, and reaf- firming that torture and other cruel, inhuman or degrading treatment or punishment are and shall remain prohibited at any time and in any place whatsoever,
Reaffirming that freedom from torture and other cruel, inhuman or degrading treatment or pun- ishment is a non-derogable right under international law and that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other pub- lic emergency may be invoked as justification of torture,
Emphasizing that the prohibition of torture is a peremptory norm of international law without territorial limitation, which applies at all times and in all places,
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Deeply concerned by the persistence of cases of torture and other cruel, inhuman or degrading treatment or punishment in many parts of the world, including in the OSCE area, that prevail as a consequence of, inter alia, the incomplete implementation of relevant obligations under inter- national law and OSCE commitments and ongoing impunity for the perpetrators that often exists due to a lack of prompt, independent and effective investigation and prosecution of such crimes,
Deeply concerned about acts of torture and other cruel, inhuman or degrading treatment or pun- ishment committed against persons for exercising their human rights and fundamental freedoms,
Deeply concerned that torture and other cruel, inhuman or degrading treatment or punishment is used to obtain information or a confession, (…)
Deeply concerned that enforced disappearances still occur in the OSCE area, which is a serious human rights violation, (…),
Recognizing that during conflict situations, including armed conflict, as well as civil unrest and mass protests, particular attention should be paid to preventing torture and other cruel, inhuman or degrading treatment or punishment,
Reaffirming that all participating States must comply fully with their obligations under interna- tional humanitarian law and international human rights law,
Emphasizing that, under the Geneva Conventions of 1949, acts of torture or inhuman treatment are grave breaches of these conventions, that acts of torture and cruel treatment in armed conflict are serious violations of international humanitarian law and in this regard constitute war crimes, that acts of torture can constitute crimes against humanity and that the perpetrators of all acts of torture must be prosecuted and punished in accordance with a court conviction,
Reminding all participating States that prolonged incommunicado detention or detention in secret places can facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of such treatment,
Recognizing that the prevalence of corruption, including in law enforcement and justice systems, can have a negative impact on the fight against torture and other, cruel, inhuman or degrading treatment or punishment, including by eroding fundamental safeguards and preventing victims of torture and other, cruel, inhuman or degrading treatment or punishment from effectively seek- ing justice, redress and compensation through the justice system,
Stressing the importance of effective legal and procedural safeguards throughout all stages of detention, including early stages of police custody, as effective measures for the prevention of tor- ture and other cruel, inhuman or degrading treatment or punishment,
Acknowledging that women and girls are at a particular risk of torture and other cruel, inhuman or degrading treatment or punishment when deprived of liberty, and recognizing the importance of adopting a gender-sensitive approach in the fight against torture and other cruel, inhuman or degrading treatment or punishment, that takes into account such particular risk and specific needs of women and girls, including by paying special attention to sexual violence against women and girls, as well as gender-based violence against women and girls, and taking into consideration the UN Rules for the Treatment of Women Prisoners and Noncustodial Measures for Women Offend- ers (the Bangkok Rules),
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Recognizing the importance of adopting a victim-centred approach in the fight against torture and other cruel, inhuman or degrading treatment or punishment, paying special attention to the views and specific needs of victims and their immediate family members in policy development and other activities relating to rehabilitation, prevention and accountability for torture and other cruel, inhuman or degrading treatment or punishment,
Recognizing that effectively combating torture and other cruel, inhuman or degrading treatment or punishment requires an integrated and victim-centred approach encompassing prevention, access to justice, accountability, redress and the enforceable right to fair and adequate compensa- tion, including the means for as full rehabilitation as possible,
Recognizing that participating States must safeguard the rights, and protect the human rights, of all persons deprived of their liberty, including those facing the death penalty, in accordance with their international obligations,
Reaffirming that all persons deprived of their liberty will be treated with humanity and with respect for the inherent dignity of the human person and recognizing the importance of partici- pating States continuously taking appropriate measures to improve conditions in detention to bet- ter respect the human rights and dignity of those persons, (…),
Stressing the UNCAT requirements that all acts of torture, attempts to commit torture, and acts of complicity or participation in torture must be made offences under domestic criminal law, pun- ishable by appropriate penalties reflecting their grave nature, and that no information or a con- fession that is established to have been obtained as a result of torture shall be invoked as evidence in any proceedings, under any circumstances, except against a person accused of torture as evi- dence that this offence took place,
Recognizing the role that international, regional and national preventive mechanisms or other relevant bodies, including national human rights institutions, can play in effectively preventing acts of torture and other cruel, inhuman or degrading treatment or punishment, as well as the importance of collaborating with international experts mandated to assist participating States in their efforts to prevent torture and other cruel, inhuman or degrading treatment or punishment,
Emphasizing the need to ensure that no authority or official orders, applies, permits or tolerates any sanction, reprisal or intimidation against any person, group or association for contacting, seeking to contact or having been in contact with any competent national or international body or mech- anism active in the prevention and combating of torture and other cruel, inhuman or degrading treatment or punishment,
Stressing that national legal systems must ensure that victims of torture and other cruel, inhuman or degrading treatment or punishment have effective access to justice, including prompt impar- tial and effective investigation, without suffering any retribution for bringing complaints or giving evidence and that such victims obtain redress and have an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible,
Commending the persistent efforts of civil society at national and international level working to effectively prevent and combat torture and other cruel, inhuman or degrading treatment or pun- ishment and alleviate the suffering of victims,
Underlining the importance of co-operation between the OSCE and other international and regional organizations and mechanisms so as to promote multilateral co-operation and to achieve effective
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synergies, avoiding unnecessary overlapping, which can contribute to effectively preventing and combating torture and other cruel, inhuman or degrading treatment or punishment, (…)
Calls on the participating States to:
1. Uphold the absolute prohibition of all forms of torture and other cruel, inhuman or degrad- ing treatment or punishment (…), implement fully and in good faith its provisions and act in full conformity with all its principles; (…)
5. Abandon and refrain from the use of interrogation techniques that constitute torture and other cruel, inhuman or degrading treatment or punishment, including to obtain information or a con- fession;
6. Implement effective legal and procedural safeguards throughout all stages of detention, includ- ing early stages of police custody;
7. Respect the safeguards concerning the liberty, security and dignity of the person and ensure that prolonged incommunicado detention and secret places of detention and interrogation are abol- ished, with the understanding that such detention can facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of such treatment;
8. Make all acts of torture, attempts to commit torture, and acts of complicity or participation in torture offences under domestic criminal law, incorporating the definition of torture pursuant to Article 1 of UNCAT and providing for appropriate penalties reflecting their grave nature, and prohibit the use of information or a confession obtained through torture or other cruel, inhuman or degrading treatment or punishment as evidence in any proceedings except against a person accused of torture as evidence that this offence took place;
9. Ensure that any detained or imprisoned person or their counsel have the right to make a request or complaint regarding the detained or imprisoned person’s treatment to relevant authorities, in particular when torture or other cruel, inhuman or degrading treatment or punishment may have been applied, and that such request or complaint will be promptly dealt with and replied to without undue delay, and that neither the detained or imprisoned person nor any complainant or witness will suffer any prejudice or reprisal as a consequence of their request, complaint or any evidence given;
10. Incorporate education and information regarding the prohibition of torture and other cruel, inhuman or degrading treatment or punishment in the training of law enforcement personnel, civil, military and medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment, including, as appropriate, on the proportionate use of force, all available modern scientific methods for the investigation of crimes and the critical importance of reporting instances of torture or other cruel, inhuman or degrading treatment or punishment to superior authorities;
11. Support the efforts of relevant national actors, such as national preventive mechanisms, national human rights institutions or other national bodies or mechanisms, active in preventing torture and other cruel, inhuman or degrading treatment or punishment, and, for those who have ratified
406 Tirana 2020
the OPCAT, to fulfil their obligation to designate or establish national preventive mechanisms that are independent, adequately resourced and effective;
12. Ensure full and ongoing government co-operation, in line with their respective obligations under international law, with applicable international preventive bodies or mechanisms, (…) and with relevant national bodies, such as national human rights institutions, including by allowing unrestricted access to places of detention if such access is an obligation for a participating State under the international law;
13. Fully co-operate with the International Committee of the Red Cross (ICRC) in conformity with the participating States’ obligations under international humanitarian law;
14. Ensure that all allegations of torture or other cruel, inhuman or degrading treatment or pun- ishment, as well as wherever there are reasonable grounds to believe that such an act has been committed, are investigated promptly, effectively, thoroughly, and impartially by competent and independent national authorities and ensure that complainants and witnesses are protected against ill-treatment and intimidation as a consequence of their complaint or evidence given;
15. Ensure that those who encourage, instigate, order, tolerate, acquiesce in, consent to or per- petrate acts of torture or other cruel, inhuman or degrading treatment or punishment are held responsible, brought to justice and punished in a manner commensurate with the severity of the offence, including the officials in charge of any place of detention or other place in which persons are deprived of their liberty where the prohibited act is found to have been committed;
16. Provide redress for the victims of torture or other cruel, inhuman or degrading treatment or punishment, encompassing effective remedy and adequate, effective and prompt reparation, which should include restitution, fair and adequate compensation, rehabilitation, satisfaction and guar- antees of non-repetition, taking into full account the specific needs of the victim;
17. Ensure that appropriate rehabilitation services are promptly available without discrimination to all victims and take effective measures for ensuring a safe and enabling environment for access- ing and providing rehabilitation services to victims of torture;
18. Consider developing measures to support all persons affected by torture or other cruel, inhu- man or degrading treatment or punishment, including victims’ children and other immediate family members;
19. Promote dissemination of information for victims about the availability of rehabilitation ser- vices and ensure that the procedures for obtaining rehabilitation are transparent;
20. Support the efforts of civil society organizations working to prevent and combat torture and other cruel, inhuman or degrading treatment or punishment, enable their active contribution, as appropriate, and make use of information provided by them in alleged cases of torture and other cruel, inhuman or degrading treatment or punishment;
21. Take appropriate effective legislative, administrative, judicial and other measures to prevent and prohibit the production, trade, export, import and use of equipment that has no practical use other than for the purpose of torture or other cruel, inhuman or degrading treatment or punishment;
407 Tirana 2020
22. Continue to make use of, or consider drawing on, ODIHR’s advice, expertise and technical assistance in the field of preventing and combating of torture and other cruel, inhuman or degrad- ing treatment or punishment.
408 Index
A C abolition of capital punishment — See death capital punishment — See death penalty penalty Charter of the United Nations 5, 25, 68, 84, alternative sentencing 90, 280 106, 127, 145, 177, 264, 323 anti-corruption — See corruption children Convention on the Rights of the Child 58, anti-Semitism 81, 96, 111, 116, 122, 128, 134, 144, 151, 202, 233, 263, 267, 290, 383 137, 147, 157, 161, 177, 182, 228, 258, 260, education of — See Roma and Sinti 305, 324, 358, 359 — See also tolerance and Optional Protocol to the Convention on non-discrimination the Rights of the Child, on the Sale of anti-terrorism — See terrorism Children, Child Prostitution and Child Pornography 151, 202, 242, 263, 267, anti-trafficking — See trafficking in human 290, 321 beings rights of 144 arbitrary arrest sexual exploitation of 233, 289, 303, 304, general 40, 67, 262, 390, 391 386 UN Code of Conduct for Law Enforcement trafficking of 151, 170, 171, 189, 191 Officials 40 citizenship — See nationality/citizenship UN Standard Minimum Rules for the Treatment of Prisoners 40 civil and political rights general 38 arbitrary detention — See arbitrary arrest International Covenant on Civil and artistic creation 19, 72, 93 Political Rights 38, 40, 46, 55, 59, 61, 88, assembly, freedom of 39, 56, 67, 143 242, 262, 273, 313, 379
assimilation (of national minorities against civil society 178, 260, 285, 301, 341, 350, their will) 63, 79 355, 359, 395 — See also NGOs/non- governmental organizations; human rights association, freedom of 56 defenders asylum Code of Conduct on Politico-Military right to seek 147 Aspects of Security 127, 156, 169 seeker 185, 219, 254, 298 communication, right to 56, 91 — See also freedom of expression, information, B free media belief, freedom of — See freedom of thought, compensation, right to 89, 90, 404, 405 — See conscience, religion or belief also arbitrary arrest birthright, human rights as 66 compulsory recruitment 148 conscience, freedom of — See freedom of thought, conscience, religion or belief
409 conscientious objection — See freedom of political pluralism 52, 53, 62, 67, 78 thought, conscience, religion or belief right of citizens to take part in governing 55, 56 Contact Point for Roma and Sinti Issues — See Roma and Sinti demonstration, right of — See assembly, freedom of copyright 17, 47, 56 — See also intellectual property derogation clauses 61, 92 correspondence, protection of 45, 90 detention, arbitrary — See arbitrary arrest corruption disabilities, persons with 95, 396 general 148, 185, 188, 226, 347, 360, 377, discrimination — See tolerance and non- 401 discrimination; Roma and Sinti; gender, UN Convention against Corruption 188, gender issues 227, 275, 280, 349, 361, 377, 403 displaced persons Council of Europe, co-operation with 97, general 117, 132, 135, 137, 143, 198, 215, 109, 120, 134, 141, 152, 162, 172, 190, 219, 324 — See also asylum, right to seek; 256, 268, 332 asylum seekers; migration; refugees counter-terrorism — See terrorism UN Guiding Principles on Internal Displacement 214, 219 Counter-Terrorism Network — See terrorism domicile, protection of 90 creativity — See cultural rights/cultural heritage criminal procedure 159 — See also fair trial, E right to economic and social rights cultural rights/cultural heritage employment 8, 10, 29, 39, 42, 189, 205, 208, creativity 72, 93 209, 246, 268, 302, 342, 345, 346, 356, freedom of artistic creation 72, 93 370, 385, 395 general 29, 38, 58, 60, 67, 233 general 145, 210 intellectual and cultural life 61, 93 health 39, 60, 112, 181, 188, 201, 205, 210, International Covenant on Economic, 274, 312, 355, 384 Social and Cultural Rights 242 housing 8, 29, 39, 79, 95, 112, 201, 205, 209, 356 International Covenant on Economic, D Social and Cultural Rights 38, 55, 242, 288 data protection 194, 363, 387 social justice 52, 60, 67, 99, 138, 225, 320 death penalty social security 8, 10, 39, 60, 112 general 59, 93, 405 education 8, 10, 11, 12, 20, 21, 23, 24, 32, 39, Second Optional Protocol to the 42, 49, 50, 58, 60, 64, 69, 79, 80, 89, 96, 98, International Covenant on Civil and 112, 113, 134, 178, 186, 188, 197, 201, 205, Political Rights 59, 93 211, 212, 219, 228, 229, 230, 234, 245, 259, Sixth Protocol to the European Convention 260, 261, 262, 269, 285, 289, 291, 305, 306, for the Protection of Human Rights and 312, 331, 332, 334, 370 Fundamental Freedoms 59 access to education 8, 20, 42, 49, 196, 211, democracy 246, 268, 312, 346, 395 democratic institutions 61, 98, 108, 157, general 32, 38, 114, 136, 186, 232, 243, 348, 246, 279 396, 397, 402, 406 general 61, 66, 68, 88, 98, 113, 147, human rights education 95, 112, 219, 261, 180 — See also elections 285, 384
410 relating to tolerance and non- F discrimination 120, 161, 228, 230, 260, 285, 305, 334 — See also tolerance and fair trial, right to 262, 273, 314 non-discrimination family life, respect for 90 relating to trafficking in human family reunification 10, 29, 41, 43 beings 201, 288, 341, 387 — See also trafficking in human beings forced labour 52, 171, 198, 269, 385 — See religious education 63 — See also freedom also trafficking in human beings of thought, conscience, religion or belief forced recruitment — See compulsory right to 80 recruitment effective remedies, right to 38, 64, 67, 205, freedom of artistic creation — See cultural 267, 332 rights/cultural heritage elections freedom of assembly — See assembly, general 54, 55, 66, 70, 132, 148, 179, 220, freedom of 295 voter education 214, 355 freedom of association 67 — See also association, freedom of electronic communications, protection of 90 freedom of expression, information, free emergency, public — See state of public media 56, 66, 72, 89, 91, 92, 98, 114, 121, emergency; derogation clauses 136, 139, 140, 143, 159, 161, 185, 208, 219, employment — See economic and social 232, 260, 282, 305, 334, 350, 360, 367, 389 rights freedom of information — See freedom of equal rights of men and women — See gender, expression, information, free media gender issues freedom of movement 136 — See equal rights of peoples — See self- also migration determination freedom of the media — See freedom of ethnic cleansing — See tolerance and non- expression, information, free media discrimination freedom of the press — See freedom of European Convention for the Protection of expression, information, free media Human Rights and Fundamental Freedoms freedom of the press/free media general 38, 40, 57, 59, 177, 255 journalists — See working conditions Sixth Protocol to the European Convention Representative on Freedom of the for the Protection of Human Rights and Media 139, 140, 143, 146, 157, 158, 159, Fundamental Freedoms 59 161, 179, 183, 208, 219, 232, 245, 282, 287, European Union, co-operation with 152, 158, 308, 338, 392 160, 172, 190, 219, 268, 332 right to know and act upon one’s rights 4, 27, 38, 57, 67 exile, arbitrary — See arbitrary arrest freedom of thought, conscience, religion or expansion, territorial — See territorial belief expansionism general 147, 177, 219, 259, 308, 352, 367 extremism 130, 145, 177, 182, 185, 187, 218, religious education — See education 259, 299, 317, 320, 367, 373, 375 — See free flow of information — See freedom of also tolerance and non-discrimination expression, information, free media free media — See freedom of expression, information, free media
411 G Mechanism to Assist Participating States in Combating Trafficking in Human gender, gender issues Beings 189, 190, 195, 199, 233, 264, 277, Convention on the Elimination of All 288, 398 Forms of Discrimination against Moscow mechanism 121, 131 Women 39, 242, 267, 330 Vienna mechanism 50, 59, 93, 109 equal rights/opportunities of men and women 27, 39, 66, 94, 148, 234, 236, 238, humanitarian law — See international 240, 246, 330, 345, 348, 354, 362, 393 humanitarian law gender mainstreaming 235, 264, 266, 267, human rights 271, 328 defenders 133 OSCE Action Plan for the Promotion of education — See education Gender Equality 234, 265 institutions — See ombudsmen and OSCE Action Plan on Gender Issues 218, national human rights institutions 235, 236, 239, 247, 264, 329, 344, 365 sexual exploitation 171, 191, 198, 340 — See also trafficking in human I beings impartiality — See independence of the genocide judiciary Convention on the Prevention and imprisonment, arbitrary — See arbitrary Punishment of the Crime of arrest Genocide 225, 308, 320 general 308 incarceration, arbitrary — See arbitrary arrest gypsies — See Roma and Sinti independence of the judiciary 88, 273, 296 indigenous populations 111 H Information and Communications hate crime 230, 260, 284, 286, 304, 333, Technology (ICT) 159, 169, 379, 386 355, 359 — See also tolerance and non- information, freedom of — See freedom of discrimination expression, information, free media health — See economic and social rights intellectual property 46, 52, 56, 73 heritage, cultural — See cultural rights/ internally displaced persons — See displaced cultural heritage persons; migration High Commissioner on National international humanitarian law Minorities — See national minorities 1949 Geneva Conventions and their Holocaust 211, 224, 225, 229, 260, 284, 285, additional protocols 135 319, 320, 359 general 113, 121, 122, 129, 135, 147, 167, 372, 404 housing — See economic and social rights international law human contacts 9, 29, 42, 46, 50, 53, 60, 125, generally recognized principles of 5 136 humanitarian — See international human dimension mechanisms humanitarian law Counter-Terrorism Network 184 obligations under — See obligations under general 65, 69, 83, 85, 86, 94, 108, 109, 117 international law Human Dimension Committee 292 Internet combating the sexual exploitation of children on the Internet 302, 386, 388
412 combating the use of the Internet for movement, freedom of — See freedom of terrorist purposes 224, 226, 282 movement hate crimes, and 185, 219, 226, 228, 229, multi-culturalism — See tolerance and non- 259, 282 discrimination promoting tolerance and media freedom on the Internet 228, 231 Muslims, intolerance towards 230, 260, 285, 305, 353, 360 — See also tolerance and non- Islamophobia — See Muslims, intolerance discrimination towards; tolerance and non-discrimination
N J nationalism, aggressive 111, 117, 120, 122, journalists — See freedom of expression; 130, 134, 137, 147, 157, 161, 177, 178, 182, information, free media; working 218, 285, 305, 324 — See also tolerance and conditions non-discrimination judiciary — See independence of the judiciary nationality/citizenship 147 — See also statelessness, stateless persons L national minorities legal profession, independence general 4, 20, 24, 77, 94, 111, 120, 144 of — See independence of the judiciary High Commissioner on National Minorities 101, 116, 118, 120, 138, 144, life, right to — See death penalty 146, 157, 161, 179, 183, 219, 245, 308, 338 NGOs/non-governmental organizations 105, M 106, 121, 130, 148 — See also civil society mass deportation — See tolerance and non- non-applicability of the non-intervention discrimination principle 78, 84, 99, 127, 146, 307, 337, 338 mechanisms, human dimension — See non-discrimination — See tolerance and non- human dimension mechanisms discrimination media, freedom of the — See freedom of non-intervention principle — See non- expression, information, free media applicability of the non-intervention medical practices, arbitrary 58 — See principle also torture and cruel, inhuman or degrading treatment or punishment O migrant workers 7, 18, 28, 41, 60, 69, 94, 112, obligations under international law, conflict 135, 219, 254 between 6 migration 152, 195, 254, 276, 302, 327, 338, obligation to implement — See derogation 346, 376, 387 — See also asylum, right to clauses seek; asylum seekers, displaced persons; freedom of movement; refugees ODIHR, Office for Democratic Institutions and Human Rights 97, 98, 101, 117, 119, military service, exemption 120, 125, 126, 130, 140, 146, 156, 178, 183, from — See conscientious objection 190, 229, 231, 248, 255, 278, 286, 299, 307, minorities — See national minorities 338 Moscow mechanism — See human Office for Free Elections 70, 79, 93, 97 — See dimension mechanisms also ODIHR
413 ombudsmen and national human rights degrading — See torture and cruel, institutions 365 inhuman or degrading treatment or punishment organized crime 100, 138, 158, 184, 187, 250, 256, 264, 279, 341, 400 OSCE Parliamentary Assembly 143, 148, 158, R 183, 220, 229, 230, 240, 290, 295, 296, 313, racism — See tolerance and non- 322, 338, 343, 394, 395 discrimination radicalization — See terrorism P recruitment, forced — See compulsory persecution 64, 68, 201, 243, 374 — See recruitment also tolerance and non-discrimination redress, effective means of — See effective political parties 54, 61, 62, 111, 285, remedies, right to 330 — See also association, freedom of refugees political pluralism — See democracy Convention relating to the Status of Refugees 113, 214, 243 populations, indigenous — See indigenous general 40, 113, 117, 135, 137, 143, 147, 159, populations 201, 214, 265, 305, 306, 324, 376 — See press, freedom of — See freedom of also migration expression, information, free media non-refoulement 201 presumption of innocence — See fair trial, religion, freedom of — See freedom of right to thought, conscience, religion or belief prison religious education — See education prisoners, prisoners’ rights — See torture remedies, effective — See effective remedies, and cruel, inhuman or degrading right to treatment or punishment prison reform 150, 159, 163 Representative on Freedom of the treatment of prisoners, prisoners’ Media — See freedom of expression, rights — See torture and cruel, inhuman information, free media or degrading treatment or punishment residence, freedom of — See freedom of private life, respect for 90 movement property rights 48 — See also intellectual restrictions to human rights, legitimate — See property derogation clauses prostitution 191, 244, 263, 289, 290 — See returnees 132, 137, 375 — See also migration also gender, gender issues; children reunification of families — See family psychiatric or other medical practices, reunification arbitrary 58 — See also torture and cruel, right to life — See death penalty inhuman or degrading treatment or punishment Roma and Sinti Action Plan on Improving the Situation public emergency — See state of public of Roma and Sinti within the OSCE emergency; also see derogation clauses Area 185, 203, 204, 218, 306, 311, 331, punishment 354 capital — See death penalty Contact Point for Roma and Sinti Issues (CPRSI) 134, 142, 144, 170, 207, 216, 217, 311, 341
414 general 134, 142, 144, 147, 162, 185, 204, thought, freedom of — See freedom of 266, 311, 331, 354 thought, conscience, religion or belief rule of law 52, 62, 64, 66, 67, 77, 84, 91, 98, tolerance and non-discrimination 133, 147, 148, 157, 262, 313 Convention on the Elimination of All Forms of Racial Discrimination 111, 204, 205 S general 111, 134, 161, 167, 177, 178, 217, self-determination, right of 5, 37, 68, 84 227, 258, 284, 304, 333 separation of powers — See democracy torture and cruel, inhuman or degrading treatment or punishment sexual exploitation — See children; gender, European Convention for the Prevention gender issues of Torture and Inhuman or Degrading Sinti and Roma — See Roma and Sinti Treatment or Punishment 133 general 40, 58, 67, 90, 133, 147, 263, 308, slavery 170, 191, 198, 244, 269, 308, 340 403 social justice — See economic and social UN Committee against Torture 58 rights UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment social rights — See economic and social or Punishment 40, 58, 133, 262, 263, rights 273, 320 social security — See economic and social UN Special Rapporteur on Torture and rights Other Cruel Inhuman or Degrading Treatment or Punishment 133 statelessness, stateless persons 147, 305, 306 — See also nationality/citizenship trade in human beings — See trafficking in human beings state obligation — See obligation to implement trade unions — See association, freedom of state of public emergency 61, 91, 108 trafficking in human beings general 148, 151, 154, 158, 167, 169, 170, strike, right to — See association, freedom of 181, 184, 189, 191, 217, 233, 242, 244, 256, 263, 266, 268, 276, 277, 279, 287, 291, 300, T 309, 313, 340, 345, 352, 355, 383, 386, 393 National Referral Mechanisms 171, 301 territorial expansionism 130 — See OSCE Action Plan to Combat Trafficking also tolerance and non-discrimination in Human Beings 189, 233, 238, 264, territorial integrity of States 3, 5, 64, 68, 84 268, 356 Protocol Against the Smuggling of terrorism Migrants by Land, Sea and Air 170 Bucharest Plan of Action for Combating Special Representative for Combating Terrorism 154, 155, 173, 175, 192, 224, Trafficking in Human Beings 278 226, 256, 335 UN Convention against Transnational Charter on Preventing and Combating Organized Crime 243, 257, 267, 280, 281, Terrorism 166, 167, 175, 224, 226 288, 290 Convention on the Suppression of UN Protocol to Prevent, Suppress and Financing of Terrorism 159 Punish Trafficking in Persons, Especially Counter-Terrorism Network 221, 283 Women and Children 267 OSCE Action against Terrorism Unit (ATU) 221, 244 treatment, degrading — See torture and violent extremism and radicalization that cruel, inhuman or degrading treatment or lead to 299, 317, 323, 333, 367 punishment
415 U W United Nations women, rights of — See gender, gender issues conventions and protocols — See relevant workers’ rights 52 subject entries co-operation with 4, 134, 141, 152, 155, working conditions 158, 163, 167, 172, 173, 190, 195, 202, 219, for journalists 14, 46, 140 229, 231, 245, 268, 299, 350, 371 general 52, 60, 112, 301 Universal Declaration of Human Rights 4, 28, 40, 46, 61, 88, 307, 340 X universality of human rights 4, 27, 34, 135, xenophobia — See tolerance and non- 232 discrimination
V Y violence youth, young people 11, 19, 24, 30, 42, 45, 82, against children 58, 233, 290, 363 171, 209, 232, 260, 285, 305, 354, 358, 367, against minorities — See tolerance and 375, 389, 401 non-discrimination against women 95, 148, 151, 162, 197, 203, 239, 242, 243, 244, 266, 267, 268, 329, 363, 393, 394, 404 vocational training 8, 42, 209, 397
416
Les engagements de la dimension humaine de l’OSCE Volume 2 Recueil chronologique de textes
4e Édition Les engagements de la dimension humaine de l’OSCE Volume 2 Recueil chronologique de textes
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L’OSCE/BIDDH remercie la République fédérale d’Allemagne pour le soutien financier apporté à cette publication. Les engagements de la dimension humaine de l’OSCE, Volume 2, Recueil chronologique de textes, 4e Édition
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Imprimé en Pologne par Centrum Poligrafii Table des matières
Acte final de la Conférence sur la sécurité et la coopération en Europe Helsinki 1975 1
Document de clôture de la réunion de Madrid (Deuxième séance de la Conférence d’Helsinki) Madrid 1983 28
Document de la Conférence de Stockholm sur les mesures de confiance et de sécurité et sur le désarmement en Europe Stockholm 1986 36
Document de clôture de la Réunion de Vienne (Le Troisième réunion de la Conférence d’Helsinki) Vienne 1989 38
Rapport de la Réunion sur la protection de l’environnement Sofia 1989 (adoptée à Vienne 1990) 54
Document de la Conférence de Bonn sur la Coopération économique en Europe Bonn 1990 55
Document de la Réunion de Copenhague de la Conférence sur la Dimension Humaine de la CSCE Copenhague 1990 56
Charte de Paris pour une nouvelle Europe Paris 1990 70
Document du Colloque de Cracovie sur le patrimoine culturel des États participants à la CSCE Cracovie 1991 76
Rapport de la réunion d’experts de la CSCE sur les minorités nationales Genève 1991 82 Document de la réunion de Moscou de la conférence sur la dimension humaine de la CSCE Moscou 1991 89
Document de Prague sur le développement ultérieur des institutions et des structures de la CSCE (Deuxième réunion du Conseil) Prague 1992 103
Document de Helsinki : Les défis du changement (Sommet des chefs d’État ou de gouvernement) Helsinki 1992 106
Document de la troisième Réunion du Conseil des ministres de la CSCE Stockholm 1992 124
Document de la quatrième réunion du Conseil des ministres de la CSCE Rome 1993 127
Document de Budapest : Vers un authentique Partenaire dans une Ère Nouvelle (Sommet des chefs d’État ou de gouvernement des États) Budapest 1994 133
Document de Lisbonne (Sommet des chefs d’État ou de gouvernement) Lisbonne 1996 146
Document de la Sixième Réunion du Conseil ministériel Copenhague 1997 149
Document de la Septième Réunion du Conseil ministériel Oslo 1998 152
Document d’Istanbul (Sommet des chefs d’État ou de gouvernement) Istanbul 1999 153
Document de la Huitième Réunion du Conseil ministériel Vienne 2000 162
Document de la Neuvième Réunion du Conseil ministériel Bucarest 2001 165
Document de la Dixième Réunion du Conseil ministériel Porto 2002 178 Document de la Onzième Réunion du Conseil ministériel Maastricht 2003 193
Document de la Douzième Réunion du Conseil ministériel Sofia 2004 241
Document de la Treizième réunion du Conseil ministériel Ljubljana 2005 268
Document de la Quatorzième Réunion du Conseil ministériel Bruxelles 2006 295
Document de la Quinzième Réunion du Conseil ministériel Madrid 2007 321
Document de la Seizième Réunion du Conseil ministériel Helsinki 2008 333
Document de la Dix-septième Réunion du Conseil ministériel Athènes 2009 345
Déclaration commémorative d’Astana Astana 2010 365
Document de la Dix-huitième Réunion du Conseil ministériel Vilnius 2011 368
Document de la Dix-neuvième Réunion du Conseil ministériel Dublin 2012 376
Document de la Vingtième Réunion du Conseil ministériel Kyiv 2013 381
Document de la Vingt et unième Réunion du Conseil ministériel Bâle 2014 387
Document de la Vingt-deuxième Réunion du Conseil ministériel Belgrade 2015 396
Document de la Vingt-troisième Réunion du Conseil ministériel Hambourg 2016 403
Document de la Vingt-quatrième Réunion du Conseil ministériel Vienne 2017 412 Document de la Vingt-quatrième Réunion du Conseil ministériel Milan 2018 420
Document de la Vingt-septième Réunion du Conseil ministériel Tirana 2020 432
Index 441 Acte final de la Conférence sur la sécurité et la coopération en Europe Helsinki 1975
(…)
Les Hauts Représentants des États participants ont solennellement adopté ce qui suit :
Questions relatives à la sécurité en Europe
Les États participant à la Conférence sur la sécurité et la coopération en Europe,
Réaffirmant que leur objectif est de contribuer à l’amélioration de leurs relations mutuelles et d’assu- rer des conditions dans lesquelles les peuples puissent vivre dans un état de paix véritable et durable à l’abri de toute menace ou atteinte à leur sécurité ;
Convaincus de la nécessité de déployer des efforts pour faire de la détente un processus tout à la fois continu, de plus en plus viable et global, de portée universelle, et convaincus que la mise en œuvre des résultats de la Conférence sur la sécurité et la coopération en Europe constituera une contri- bution majeure à ce processus ;
Considérant que la solidarité entre les peuples aussi bien que le dessein commun qui anime les États participants dans la réalisation des objectifs énoncés par la Conférence sur la sécurité et la coo- pération en Europe, devraient mener au développement entre eux de relations meilleures et plus étroites dans tous les domaines, de façon à surmonter la confrontation issue de la nature de leurs relations passées, et à parvenir à une meilleure compréhension mutuelle ;
Conscients de leur histoire commune et reconnaissant que l’existence d’éléments communs dans leurs traditions et leurs valeurs, peut les aider à développer leurs relations, et désireux de recher- cher, en tenant pleinement compte de l’originalité et de la diversité de leurs positions et de leurs vues, des possibilités d’unir leurs efforts afin de surmonter la méfiance et d’accroître la confiance, de résoudre les problèmes qui les séparent et de coopérer dans l’intérêt de l’humanité ;
Reconnaissant l’indivisibilité de la sécurité en Europe ainsi que leur intérêt commun dans le déve- loppement de la coopération entre eux et partout en Europe et exprimant leur intention de pour- suivre leurs efforts en conséquence ;
Reconnaissant le lien étroit qui existe entre la paix et la sécurité en Europe et dans le monde entier et conscients de la nécessité pour chacun d’entre eux d’apporter sa contribution au renforcement de la paix et de la sécurité mondiales ainsi qu’à la promotion des droits fondamentaux, du progrès économique et social et du bien-être de tous les peuples ;
1 Helsinki 1975
Ont adopté ce qui suit :
1. (a) Déclaration sur les principes régissant les relations mutuelles des États participants
Les États participants,
Réaffirmant leur engagement en faveur de la paix, de la sécurité et de la justice ainsi que du déve- loppement continu des relations amicales et de la coopération ;
Reconnaissant que cet engagement, qui reflète les intérêts et les aspirations des peuples, constitue pour chaque État participant une responsabilité présente et future rehaussée par les expériences du passé ;
Réaffirmant, pour autant qu’ils sont membres des Nations Unies et en accord avec les buts et les principes des Nations Unies, leur appui total et actif à l’Organisation des Nations Unies et au ren- forcement de son rôle et de son efficacité pour consolider la paix, la sécurité et la justice internatio- nales et pour faire avancer le règlement des problèmes internationaux ainsi que pour développer les relations amicales et la coopération entre les États ;
Exprimant leur adhésion commune aux principes qui sont énoncés ci-dessous et qui sont conformes à la Charte des Nations Unies, ainsi que leur volonté commune d’agir, dans l’application de ces principes, conformément aux buts et principes de la Charte des Nations Unies ;
Déclarant qu’ils sont résolus à respecter et à mettre en pratique, chacun d’entre eux dans ses rela- tions avec tous les autres États participants, indépendamment de leur système politique, écono- mique ou social ainsi que de leur dimension, de leur situation géographique ou de leur niveau de développement économique, les principes suivants, tous d’une importance primordiale, qui régissent leurs relations mutuelles :
I. Égalité souveraine, respect des droits inhérents à la souveraineté
Les États participants respectent mutuellement leur égalité souveraine et leur individualité ainsi que tous les droits inhérents à leur souveraineté et englobés dans celle-ci, y compris, en particu- lier, le droit de chaque État à l’égalité juridique, à l’intégrité territoriale, à la liberté et à l’indé- pendance politique. Ils respectent aussi le droit de chacun d’entre eux de choisir et de développer librement son système politique, social, économique et culturel ainsi que celui de déterminer ses lois et ses règlements.
Dans le cadre du droit international, tous les États participants ont des droits et devoirs égaux. Ils respectent le droit de chacun d’entre eux de définir et de conduire à son gré ses relations avec les autres États conformément au droit international et dans l’esprit de la présente Déclaration. Ils considèrent que leurs frontières peuvent être modifiées, conformément au droit international, par des moyens pacifiques et par voie d’accord. Ils ont aussi le droit d’appartenir ou de ne pas appar- tenir à des organisations internationales, d’être partie ou non à des traités bilatéraux ou multila- téraux, y compris le droit d’être partie ou non à des traités d’alliance ; ils ont également le droit à la neutralité.
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II. Non-recours à la menace ou à l’emploi de la force
Les États participants s’abstiennent dans leurs relations mutuelles, ainsi que dans leurs relations internationales en général, de recourir à la menace ou à l’emploi de la force, soit contre l’intégrité territoriale ou l’indépendance politique d’un État, soit de toute autre manière incompatible avec les buts des Nations Unies et la présente Déclaration. Aucune considération ne peut être invoquée pour servir à justifier le recours à la menace ou à l’emploi de la force en violation de ce principe.
En conséquence, les États participants s’abstiennent de tout acte constituant une menace d’emploi de la force ou un recours direct ou indirect à la force contre un autre État participant. De même ils s’abstiennent de toute manifestation de force visant à faire renoncer un autre État participant au plein exercice de ses droits souverains. De même, ils s’abstiennent aussi dans leurs relations mutuelles de tout acte de représailles par la force. Aucune menace ou aucun emploi de la force de ce genre ne sera utilisé comme un moyen de résoudre les différends, ou les questions qui pour- raient entraîner des différends entre eux.
III. Inviolabilité des frontières
Les États participants tiennent mutuellement pour inviolables toutes leurs frontières ainsi que celles de tous les États d’Europe et s’abstiennent donc maintenant et à l’avenir de tout attentat contre ces frontières.
En conséquence, ils s’abstiennent aussi de toute exigence ou de tout acte de mainmise sur tout ou partie du territoire d’un autre État participant.
IV. Intégrité Territoriale des États
Les États participants respectent l’intégrité territoriale de chacun des autres États participants.
En conséquence, ils s’abstiennent de tout acte incompatible avec les buts et principes de la Charte des Nations Unies contre l’intégrité territoriale, l’indépendance politique ou l’unité de tout État participant, et en particulier de toute action de ce genre représentant une menace ou un emploi de la force.
De même, les États participants s’abstiennent chacun de faire du territoire de l’un d’entre eux l’objet d’une occupation militaire ou d’autres mesures comportant un recours direct ou indi- rect à la force contrevenant au droit international, ou l’objet d’une acquisition au moyen de telles mesures ou de la menace de telles mesures. Aucune occupation ou acquisition de cette nature ne sera reconnue comme légale.
V. Règlement pacifique des différends
Les États participants règlent les différends entre eux par des moyens pacifiques de manière à ne pas mettre en danger la paix et la sécurité internationales et la justice.
Ils s’efforcent, de bonne foi et dans un esprit de coopération, d’aboutir à une solution rapide et équi- table, sur la base du droit international. A cette fin, ils ont recours à des moyens tels que la négo- ciation, l’enquête, la médiation, la conciliation, l’arbitrage, le règlement judiciaire ou à d’autres moyens pacifiques de leur choix, y compris toute procédure de règlement convenue préalablement aux différends auxquels ils sont parties.
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Au cas où elles ne parviennent pas à une solution par l’un des moyens pacifiques ci-dessus, les parties à un différend continuent de rechercher un moyen, convenu mutuellement, de résoudre pacifiquement le différend.
Les États participants, parties à un différend entre eux, ainsi que les autres États participants, s’abstiennent de tout acte qui pourrait aggraver la situation au point de mettre en danger le main- tien de la paix et de la sécurité internationales et rendre ainsi plus difficile le règlement pacifique du différend.
VI. Non-intervention dans les affaires intérieures
Les États participants s’abstiennent de toute intervention, directe ou indirecte, individuelle ou col- lective, dans les affaires intérieures ou extérieures relevant de la compétence nationale d’un autre État participant, quelles que soient leurs relations mutuelles.
Ils s’abstiennent en conséquence de toute forme d’intervention armée ou de la menace d’une telle intervention contre un autre État participant.
Ils s’abstiennent de même, en toutes circonstances, de tout autre acte de contrainte militaire ou politique, économique ou autre, visant à subordonner à leur propre intérêt l’exercice par un autre État participant des droits inhérents â sa souveraineté et à obtenir ainsi un avantage quelconque.
Ils s’abstiennent en conséquence, entre autres, d’aider directement ou indirectement des activités terroristes ou des activités subversives ou autres visant au renversement violent du régime d’un autre État participant.
VII. Respect des droits de l’homme et des libertés fondamentales, y compris la liberté de pensée, de conscience, de religion ou de conviction
Les États participants respectent les droits de l’homme et les libertés fondamentales, y compris la liberté de pensée, de conscience, de religion ou de conviction pour tous, sans distinction de race, de sexe, de langue ou de religion.
Ils favorisent et encouragent l’exercice effectif des libertés et droits civils, politiques, économiques, sociaux, culturels et autres qui découlent tous de la dignité inhérente à la personne humaine et qui sont essentiels à son épanouissement libre et intégral.
Dans ce cadre, les États participants reconnaissent et respectent la liberté de l’individu de profes- ser et pratiquer, seul ou en commun, une religion ou une conviction en agissant selon les impéra- tifs de sa propre conscience.
Les États participants sur le territoire desquels existent des minorités nationales respectent le droit des personnes appartenant à ces minorités à l’égalité devant la loi, leur donnent l’entière possibi- lité de jouir effectivement des droits de l’homme et des libertés fondamentales et, de cette manière, protègent leurs intérêts légitimes dans ce domaine.
Les États participants reconnaissent l’importance universelle des droits de l’homme et des liber- tés fondamentales, dont le respect est un facteur essentiel de la paix, de la justice et du bien-être nécessaires pour assurer le développement de relations amicales et de la coopération entre eux, comme entre tous les États.
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Ils respectent constamment ces droits et libertés dans leurs relations mutuelles et s’efforcent conjoin- tement et séparément, y compris en coopération avec les Nations Unies, d’en promouvoir le res- pect universel et effectif.
Ils confirment le droit de l’individu de connaître ses droits et devoirs dans ce domaine et d’agir en conséquence.
Dans le domaine des droits de l’homme et des libertés fondamentales, les États participants agissent conformément aux buts et principes de la Charte des Nations Unies et à la Déclaration universelle des droits de l’homme. Ils s’acquittent également de leurs obligations telles qu’elles sont énoncées dans les déclarations et accords internationaux dans ce domaine, y compris entre autres les Pactes internationaux relatifs aux droits de l’homme, par lesquels ils peuvent être liés.
VIII. Égalité de droits des peuples et droit des peuples à disposer d’eux-mêmes
Les États participants respectent l’égalité de droits des peuples et leur droit à disposer d’eux-mêmes, en agissant à tout moment conformément aux buts et aux principes de la Charte des Nations Unies et aux normes pertinentes du droit international, y compris celles qui ont trait à l’intégrité terri- toriale des États.
En vertu du principe de l’égalité de droits des peuples et de leur droit à disposer d’eux-mêmes, tous les peuples ont toujours le droit, en toute liberté, de déterminer, lorsqu’ils le désirent et comme ils le désirent, leur statut politique interne et externe, sans ingérence extérieure, et de poursuivre à leur gré leur développement politique, économique, social et culturel.
Les États participants réaffirment l’importance universelle du respect et de l’exercice effectif par les peuples de droits égaux et de leur droit à disposer d’eux-mêmes, pour le développement de rela- tions amicales entre eux de même qu’entre tous les États ; ils rappellent également l’importance de l’élimination de toute violation de ce principe, quelque forme qu’elle prenne.
IX. Coopération entre les États
Les États participants développent leur coopération, mutuellement et avec tous
Les États, dans tous les domaines, conformément aux buts et principes de la Charte des Nations Unies. En développant leur coopération, les États participants attachent une importance particulière aux domaines tels qu’ils sont établis dans le cadre de la Conférence sur la sécurité et la coopéra- tion en Europe, chacun d’entre eux apportant sa contribution dans des conditions de pleine égalité.
Ils s’efforcent, en développant leur coopération sur un pied d’égalité, de faire progresser la com- préhension et la confiance mutuelles, les relations amicales et de bon voisinage entre eux, la paix internationale, la sécurité et la justice. Ils s’efforcent également, en développant leur coopération, d’améliorer le bien-être des peuples et de contribuer à la satisfaction de leurs aspirations grâce, entre autres, aux avantages résultant d’une connaissance mutuelle accrue et des progrès et réalisa- tions dans les domaines d’ordre économique, scientifique, technologique, social, culturel et huma- nitaire. Ils prennent des mesures propres à créer des conditions permettant de rendre ces avantages accessibles à tous ; ils prennent en considération l’intérêt de tous dans la réduction des différences entre les niveaux de développement économique, et notamment l’intérêt des pays en voie de déve- loppement du monde entier.
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Ils confirment que les gouvernements, les institutions, les organisations et les personnes ont un rôle propre et positif à jouer en contribuant à atteindre ces objectifs de leur coopération.
Ils s’efforcent, en accroissant leur coopération dans le sens indiqué ci-dessus, de développer des relations plus étroites entre eux sur une base améliorée et plus durable dans l’intérêt des peuples.
X. Exécution de bonne foi des obligations assumées conformément au droit international
Les États participants doivent s’acquitter de bonne foi des obligations qui leur incombent en vertu du droit international, tant des obligations qui découlent des principes et règles généralement recon- nus du droit international que des obligations résultant de traités ou autres accords, en conformité avec le droit international, auxquels ils sont parties.
Dans l’exercice de leurs droits souverains, dont le droit de déterminer leurs lois et règlements, ils se conforment à leurs obligations juridiques en droit international ; en outre, ils tiennent dûment compte des dispositions de l’Acte final de la Conférence sur la sécurité et la coopération en Europe et les appliquent.
Les États participants confirment qu’en cas de conflit entre les obligations des membres des Nations Unies en vertu de la Charte des Nations Unies et leurs obligations en vertu de tout traité ou autre accord international, leurs obligations en vertu de la Charte prévaudront, conformément à l’ar- ticle 103 de la Charte des Nations Unies.
Ces dix principes sont dotés d’une importance primordiale et, en conséquence, ils s’appliquent également et sans réserve, chacun d’entre eux Tous les principes énoncés ci-dessus sont dotés d’une importance primordiale et en conséquence ils s’appliquent également et sans réserve, cha- cun d’entre eux s’interprétant en tenant compte des autres.
Les États participants expriment leur détermination de respecter et d’appliquer pleinement ces principes, tels qu’ils sont énoncés dans la présente Déclaration, sous tous leurs aspects, dans leurs rapports mutuels et dans leur coopération, afin d’assurer à chaque État participant les avantages résultant du respect et de l’application de ces principes par tous.
Les États participants, tenant dûment compte des principes ci-dessus et, en particulier, de la pre- mière phrase du dixième principe, « Exécution de bonne foi des obligations assumées conformément au droit international », constatent que la présente Déclaration n’affecte pas leurs droits et obliga- tions, non plus que les traités et autres accords et arrangements correspondants.
Les États participants expriment la conviction que le respect de ces principes favorisera le déve- loppement de relations normales et amicales, ainsi que le progrès de la coopération entre eux dans tous les domaines. Ils expriment également la conviction que le respect de ces principes encoura- gera le développement de contacts politiques entre eux, ce qui en retour contribuerait à une meil- leure compréhension mutuelle de leurs positions et de leurs vues.
Les États participants déclarent qu’ils ont l’intention de s’inspirer des principes contenus dans la présente Déclaration dans leurs relations avec tous les autres États.
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(b) Questions concernant la mise en pratique de certains des principes énoncés ci-dessus
Les États participants,
Réaffirmant qu’ils respecteront et rendront effectif le non-recours à la menace ou à l’emploi de la force et convaincus de la nécessité d’en faire une norme effective de la vie internationale,
Déclarent qu’ils sont résolus à respecter et à mettre en œuvre, dans leurs relations mutuelles, entre autres, les dispositions suivantes qui sont conformes à la Déclaration sur les principes régissant les relations mutuelles des États participants : • Donner effet et expression, par toutes les voies et formes qu’ils estiment appropriées, au devoir de s’abstenir de recourir à la menace ou à l’emploi de la force dans les relations entre eux. • S’abstenir de tout emploi des forces armées incompatible avec les buts et principes de la Charte des Nations Unies et les dispositions de la Déclaration sur les principes régissant les relations mutuelles des États participants, contre un autre État participant, en particulier de l’invasion ou de l’attaque de son territoire. • S’abstenir de toute manifestation de force visant à faire renoncer un autre État participant au plein exercice de ses droits souverains. • S’abstenir de tout acte de contrainte économique destiné à subordonner à leurs propres intérêts l’exercice par un autre État participant des droits inhérents à sa souveraineté et s’assurer ainsi des avantages de quelque nature que ce soit. • Prendre des mesures effectives qui, par leur portée et leur nature, constituent des étapes vers l’ob- jectif final d’un désarmement général et complet sous un contrôle international strict et efficace. • Promouvoir, par tous les moyens que chacun d’entre eux estime appropriés, un climat de confiance et de respect entre les peuples en harmonie avec leur devoir de s’abstenir de la propagande en faveur de guerres d’agression ou de toute menace ou de tout emploi de la force incompatible avec les buts des Nations Unies et la Déclaration sur les principes régissant les relations mutuelles des États participants, contre un autre État participant. • Déployer tous les efforts pour régler exclusivement par des moyens pacifiques tout différend entre eux, dont la prolongation est susceptible de menacer le maintien de la paix et de la sécu- rité internationales en Europe, et pour rechercher avant tout une solution par les moyens paci- fiques énoncés à l’article 33 de la Charte des Nations Unies. • Ne recourir à aucune action pouvant faire obstacle au règlement pacifique des différends entre les États participants. (…)
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Coopération dans les domaines de l’économie, de la science et de la technique, et de l’environnement (…)
6. Coopération dans d’autres secteurs (…)
Aspects économiques et sociaux du travail migrant
Les États participants,
Considérant que les mouvements des travailleurs migrants en Europe ont pris d’importantes dimen- sions et qu’ils constituent un facteur économique, social et humain important, aussi bien dans les pays d’accueil que dans les pays d’origine,
Reconnaissant que les migrations de travailleurs ont également entraîné un certain nombre de pro- blèmes économiques, sociaux, humains et autres aussi bien dans les pays d’accueil que dans les pays d’origine,
Tenant dûment compte des activités dans ce domaine des organisations internationales compé- tentes, notamment de l’Organisation internationale du travail, • sont d’avis que les problèmes soulevés sur le plan bilatéral par la migration des travailleurs en Europe aussi bien qu’entre les États participants doivent être traités par les parties directe- ment intéressées, afin de résoudre ces problèmes dans leur intérêt mutuel, en considération des préoccupations de chaque État concerné de tenir dûment compte des nécessités qui résultent de sa situation socio-économique, eu égard à l’obligation de chaque État de se conformer aux accords bilatéraux et multilatéraux auxquels il est partie, et ayant en vue les objectifs suivants : • encourager les efforts des pays d’origine visant à augmenter les possibilités d’emplois pour leurs nationaux sur leur propre territoire, notamment en développant la coopération économique qui se prête à cette fin et qui convient aux pays d’accueil et d’origine intéressés ; • assurer, grâce à la collaboration du pays d’accueil et du pays d’origine, les conditions dans les- quelles le mouvement ordonné des travailleurs pourrait avoir lieu tout en protégeant leur bien- être personnel et social, et organiser, le cas échéant, le recrutement et une préparation élémentaire linguistique et professionnelle des travailleurs migrants ; • assurer l’égalité des droits entre travailleurs migrants et nationaux des pays d’accueil en matière de conditions d’emploi et de travail et en matière de sécurité sociale, et veiller à ce que les tra- vailleurs migrants bénéficient de conditions satisfaisantes de vie et notamment de logement ; • veiller, autant que possible, à ce que les travailleurs migrants puissent avoir les mêmes possibilités que les nationaux des pays d’accueil de trouver d’autres emplois convenables en cas de chômage ; • considérer avec faveur qu’une formation professionnelle soit dispensée aux travailleurs migrants et que, dans la mesure du possible, la langue du pays d’accueil leur soit enseignée gratuitement, dans le cadre de leur emploi ; • confirmer le droit des travailleurs migrants de recevoir, dans la mesure du possible, une infor- mation régulière dans leur propre langue, concernant aussi bien leur pays d’origine que le pays d’accueil ;
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• assurer aux enfants des travailleurs migrants établis dans le pays d’accueil l’accès à l’enseigne- ment qui y est habituellement dispensé, dans les mêmes conditions qu’aux enfants de ce pays et permettre qu’ils reçoivent en outre un enseignement de la langue, de la culture, de l’histoire et de la géographie de leur pays ; • être conscients de ce que les travailleurs migrants. en particulier ceux qui ont acquis des quali- fications, en retournant dans leur pays après une certaine période. peuvent contribuer à remé- dier à l’insuffisance de la main-d’œuvre qualifiée dans le pays d’origine ; • favoriser, dans toute la mesure du possible, la réunion des travailleurs migrants avec leurs familles ; • considérer avec faveur les efforts déployés par les pays d’origine pour attirer l’épargne des tra- vailleurs migrants, afin d’augmenter dans le cadre de leur développement économique des pos- sibilités appropriées d’emploi, facilitant ainsi la réintégration de ces travailleurs à leur retour. (…)
Coopération dans les domaines humanitaires et autres
Les États participants,
Désireux de contribuer au renforcement de la paix et de la compréhension entre les peuples ainsi qu’à l’enrichissement spirituel de la personnalité humaine, sans distinction de race, de sexe, de langue ou de religion,
Conscients de ce que l’accroissement des échanges dans les domaines de la culture et de l’éducation, une plus large diffusion de l’information, l’extension des contacts entre les personnes et la solution des problèmes humanitaires contribueront à atteindre ces objectifs,
Résolus en conséquence à coopérer entre eux, indépendamment de leurs régimes politiques, éco- nomiques et sociaux, afin de créer de meilleures conditions dans les domaines ci-dessus, de déve- lopper et de renforcer les formes existantes de coopération ainsi que d’élaborer des voies et moyens nouveaux conformes à ces objectifs,
Convaincus que cette coopération devrait se faire dans le plein respect des principes gouvernant les relations entre les États participants, tels qu’ils sont énoncés dans le document correspondant,
Ont adopté ce qui suit :
1. Contacts entre les personnes
Les États participants,
Considérant le développement des contacts comme un élément important du renforcement des relations amicales et de la confiance entre les peuples,
Affirmant, en relation avec leur effort actuel pour améliorer les conditions dans ce domaine, l’im- portance qu’ils attachent aux considérations humanitaires,
Désireux dans cet esprit de développer, avec la poursuite de la détente, de nouveaux efforts en vue de réaliser un progrès continu dans ce domaine,
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Et conscients de ce que les questions qui s’y rapportent doivent être réglées par les États intéressés dans des conditions mutuellement acceptables,
Se fixent comme objectif de faciliter, sur le plan individuel et collectif, tant privé qu’officiel, un mouvement et des contacts plus libres entre personnes, institutions et organisations des États par- ticipants, et de contribuer à la solution des problèmes d’intérêt humain qui se posent à cet égard,
Se déclarent prêts à ces fins à prendre les mesures qu’ils jugent appropriées et à conclure, selon les besoins, des accords ou des arrangements entre eux, et
Expriment leur intention, dès maintenant de procéder à l’application de ce qui suit :
(a) Contacts et rencontres régulières sur la base des liens de famille
Afin de favoriser la poursuite du développement des contacts sur la base des liens de famille, les États participants examineront favorablement les demandes de déplacement en vue de permettre l’entrée ou la sortie de leur territoire à titre temporaire, et de façon régulière si celle-ci est souhai- tée, aux personnes désireuses de faire visite à des membres de leurs familles.
Les demandes de déplacements temporaires en vue de rencontrer des membres de leur famille seront traitées sans distinction quant au pays d’origine ou de destination : les formalités requises pour la délivrance des documents de voyage et des visas seront appliquées dans cet esprit. L’éta- blissement et la délivrance de tels documents et visas auront lieu dans un délai raisonnable ; en cas de nécessité urgente – tels que maladie grave ou décès – ils seront traités en priorité. Ils prendront les mesures qui peuvent être nécessaires pour faire en sorte que les droits à verser pour obtenir les documents officiels de voyage et les visas soient acceptables.
Ils confirment que la présentation d’une demande concernant des contacts sur la base des liens de famille n’entraînera pas de modification des droits et obligations du requérant ou de membres de sa famille.
(b) Réunion des familles
Les États participants traiteront dans un esprit positif et humain les demandes présentées par les personnes qui désirent être réunies avec des membres de leur famille, en accordant une attention particulière aux requêtes d’un caractère urgent — telles que celles soumises par des personnes malades ou âgées.
Ils traiteront les demandes en ce domaine d’une manière aussi diligente que possible.
Ils ramèneront, là où cela est nécessaire, le montant des droits à verser en liaison avec ces demandes pour faire en sorte qu’il soit à un niveau raisonnable.
Les demandes aux fins de réunion des familles qui n’auront pas été agréées pourront être renou- velées au niveau approprié et elles seront réexaminées à des intervalles raisonnablement courts par les autorités du pays de résidence ou d’accueil en question ; dans ces circonstances, les droits ne seront perçus que lorsque les demandes auront été agréées.
Les personnes dont les demandes présentées au titre de la réunion des familles auront été agréées pourront emporter ou expédier leurs biens meubles, effets et objets personnels ; à cette fin, les États participants utiliseront toutes les possibilités offertes par les règlements en vigueur.
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En attendant que les membres d’une mémé famille soient réunis, ils pourront se rencontrer et éta- blir entre eux des contacts conformément aux modalités prévues pour les contacts sur la base des liens de famille.
Les États participants appuieront les efforts déployés par les Sociétés de la Croix-Rouge et du Crois- sant-Rouge qui s’occupent des problèmes de la réunion des familles.
Ils confirment que la présentation d’une demande relative à la réunion d’une famille n’entraînera pas de modification des droits et obligations du requérant ou de membres de sa famille.
L’État participant d’accueil prendra les mesures appropriées en ce qui concerne l’emploi des per- sonnes provenant d’autres États participants qui viennent s’installer d’une manière permanente dans cet État pour rejoindre des membres de leur famille ressortissants dudit État et veillera à ce que leur soient offertes les mêmes possibilités qu’à ses propres ressortissants dans les domaines de l’éducation, de l’assistance médicale et de la sécurité sociale.
(c) Mariage entre citoyens d’États différents
Les États participants examineront favorablement et en se fondant sur des considérations huma- nitaires les demandes d’autorisation de sortie ou d’entrée présentées par des personnes qui ont décidé d’épouser un citoyen d’un autre État participant.
L’examen et la délivrance des documents nécessaires aux fins précitées ainsi qu’à la célébration du mariage s’effectueront en conformité avec les dispositions acceptées pour la réunion des familles.
Les États participants appliqueront également les dispositions acceptées pour la réunion des familles lorsqu’ils examineront les demandes présentées par des conjoints provenant d’États participants différents, afin de leur permettre, ainsi qu’aux enfants mineurs de leur mariage, de transférer leur résidence permanente dans un État où réside habituellement l’un d’entre eux.
(d) Déplacements pour raisons personnelles ou professionnelles
Les États participants entendent faciliter de plus larges déplacements de leurs ressortissants pour des raisons personnelles ou professionnelles, et à cette fin ils ont l’intention en particulier : • de simplifier progressivement et de faire appliquer avec souplesse les formalités de sortie et d’en- trée ; • d’assouplir les règlements relatifs aux déplacements des ressortissants des autres États partici- pants sur leur territoire, en tenant dûment compte des exigences de la sécurité.
Ils s’efforceront d’abaisser progressivement, là où nécessaire, le montant des droits à verser pour les visas et les documents officiels de voyage.
Ils entendent examiner, le cas échéant, des moyens – y compris, dans la mesure où cela s’avère approprié, la conclusion de conventions consulaires multilatérales ou bilatérales ou l’adoption d’autres accords ou instruments pertinents en vue d’améliorer les arrangements relatifs aux ser- vices consulaires, y compris l’assistance juridique et consulaire.
Ils confirment que les cultes, institutions et organisations religieux, agissant dans le cadre consti- tutionnel des États participants, et leurs représentants peuvent, dans le domaine de leur activité, avoir entre eux des contacts et des rencontres et échanger des informations.
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(e) Amélioration des conditions du tourisme, à titre individuel ou collectif
Les États participants considèrent que le tourisme contribue à faire mieux connaître la vie, la culture et l’histoire des autres pays, à accroître la compréhension entre les peuples, à améliorer les contacts et à élargir l’utilisation des loisirs. Ils ont l’intention d’encourager le développement du tourisme, sur une base individuelle ou collective, et ils ont l’intention en particulier : • de favoriser les voyages touristiques dans leurs pays respectifs, en encourageant l’octroi de facili- tés appropriées, et la simplification et l’accélération des formalités requises pour de tels voyages ; • d’accroître, sur la base d’accords ou d’arrangements appropriés, là où cela est nécessaire, la coo- pération pour le développement du tourisme, notamment en examinant sur une base bilatérale des possibilités d’accroître les informations relatives aux voyages dans d’autres pays et à l’accueil et à la fourniture de services aux touristes, ainsi que d’autres questions connexes d’intérêt mutuel.
(f) Rencontres entre jeunes
Les États participants entendent favoriser le développement des contacts et des échanges entre jeunes en encourageant : • l’accroissement des échanges et des contacts de brève ou de longue durée parmi les jeunes qui tra- vaillent, qui reçoivent une formation professionnelle ou qui font leurs études, par voie d’accords bilatéraux ou multilatéraux ou de programmes réguliers dans tous les cas où cela est possible ; • l’étude par leurs organisations de jeunesse des possibilités de conclure des accords relatifs aux structures de coopération multilatérale entre jeunes ; • des accords ou des programmes réguliers concernant l’organisation d’échanges d’étudiants, de séminaires internationaux de jeunes, de cours de formation professionnelle et d’étude de lan- gues étrangères ; • la poursuite du développement du tourisme chez les jeunes et l’offre à cet effet de facilités appro- priées ; • le développement, là où il est possible, des échanges, des contacts et de la coopération sur un plan bilatéral ou multilatéral entre les organisations représentatives de larges groupes de jeunes qui travaillent, qui reçoivent une formation professionnelle ou qui font leurs études ; • la prise de conscience, parmi les jeunes, de l’importance d’accroître la compréhension mutuelle et de renforcer les relations amicales et la confiance entre les peuples.
(g) Sports
Afin de resserrer les liens et la coopération existant dans le domaine du sport, les États participants encourageront les contacts et les échanges en la matière, y compris les rencontres et compétitions sportives de toute espèce, conformément aux règles, règlements et usages internationaux établis.
(h) Développement des contacts
Dans la perspective d’un développement poursuivi des contacts entre institutions gouvernemen- tales et organisations et associations non-gouvernementales, y compris les organisations féminines, les États participants faciliteront la convocation de réunions, ainsi que les déplacements de délé- gations, de groupes et d’individus.
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2. Information
Les États participants,
Conscients du besoin d’une connaissance et d’une compréhension toujours plus larges des divers aspects de la vie dans les autres États participants,
Reconnaissant l’apport de ce processus au développement de la confiance entre peuples,
Désireux, avec le développement de la compréhension mutuelle entre les États participants et avec l’amélioration progressive de leurs relations, de continuer de nouveaux efforts en vue d’un pro- grès dans ce domaine,
Reconnaissant l’importance de la diffusion de l’information en provenance des autres États par- ticipants et d’une meilleure connaissance de cette information,
Soulignant en conséquence le rôle essentiel et l’influence de la presse, de la radio, de la télévision, du cinéma et des agences de presse, ainsi que des journalistes dont l’activité s’exerce en ces domaines,
Se fixent comme objectif de faciliter une diffusion plus libre et plus large de l’information de toute nature, d’encourager la coopération dans le domaine de l’information et l’échange d’informations avec d’autres pays, ainsi que d’améliorer les conditions dans lesquelles les journalistes d’un État participant exercent leur profession dans un autre État participant, et
Expriment leur intention notamment :
(a) Amélioration de la diffusion de l’information, de l’accès à l’information et de l’échange d’informations
(i) Information parlée • De faciliter la diffusion de l’information parlée en encourageant les conférences et les tour- nées de conférences de personnalités et de spécialistes des autres États participants, ainsi que l’échange d’opinions à l’occasion de tables rondes, séminaires, colloques, cours d’été, congrès et autres réunions bilatérales et multilatérales.
(ii) Information écrite • De faciliter l’amélioration de la diffusion, sur leur territoire, des journaux et publications impri- mées, périodiques ou non périodiques en provenance des autres États participants. A cet effet : ils encourageront leurs firmes et organisations compétentes à conclure des accords et contrats ten- dant à augmenter graduellement les quantités et le nombre des titres de journaux et publications importés des autres États participants. Ces accords et contrats mentionneront notamment les conditions de livraison les plus rapides et l’utilisation des canaux habituels existant dans chaque pays pour la distribution de ses propres publications et journaux, ainsi que les formes et moyens de paiement convenus entre les parties permettant d’atteindre les objectifs visés par ces accords et contrats ; ils prendront, là où cela se révèle nécessaire, les mesures appropriées pour réaliser les objectifs ci-dessus et mettre en œuvre les dispositions contenues dans les accords et contrats. • De contribuer à améliorer l’accès du public aux publications imprimées, périodiques et non périodiques importées sur les bases indiquées ci-dessus. En particulier : – ils encourageront l’augmentation du nombre des points où ces publications sont mises en vente ;
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– ils faciliteront l’offre de ces publications périodiques pendant les congrès, conférences, visites officielles et autres manifestations internationales, ainsi qu’aux touristes pendant la saison ; – ils développeront les possibilités d’abonnement selon les modalités propres à chaque pays ; – ils amélioreront les possibilités de lecture et d’emprunt de ces publications dans les grandes bibliothèques publiques et leurs salles de lecture ainsi que dans les bibliothèques universitaires.
Ils entendent améliorer les possibilités d’avoir connaissance des bulletins d’informations officielles publiés par des missions diplomatiques et distribués par ces missions conformément à des arran- gements acceptables pour les parties intéressées.
(iii) Information filmée, radiodiffusée et télévisée • De promouvoir l’amélioration de la diffusion d’informations filmées, radiodiffusées et télévi- sées. A cette fin : – ils encourageront une projection en salle et une diffusion plus étendues à la radio et à la télé- vision d’informations plus diversifiées. sous forme enregistrée et filmée, provenant des autres États participants et illustrant les divers aspects de la vie dans leurs pays, informations reçues sur la base des accords ou arrangements qui pourront se révéler nécessaires entre les organi- sations et firmes directement intéressées ; – ils faciliteront l’importation par des organisations et firmes compétentes de matériel audio-vi- suel enregistré provenant des autres États participants.
Les États participants prennent note de l’élargissement de la diffusion de l’information radiodiffu- sée et expriment l’espoir que ce processus se poursuive de sorte qu’il réponde à l’intérêt de la com- préhension mutuelle entre les peuples ainsi qu’aux buts énoncés par cette Conférence.
(b) Coopération dans le domaine de l’information
D’encourager la coopération dans le domaine de l’information sur la base d’accords ou d’arrange- ments à court ou long terme. Notamment : • ils favoriseront une coopération accrue entre organes d’information de masse, y compris les agences de presse, ainsi qu’entre organisations et maisons d’édition ; • ils favoriseront la coopération entre organisations de radiodiffusion et de télévision publiques ou privées, nationales ou internationales, en particulier par l’échange de programmes de radio et de télévision, tant en direct qu’enregistrés, ainsi que par la production en commun et la dif- fusion de tels programmes ; • ils encourageront les rencontres et les contacts aussi bien entre organisations de journalistes qu’entre journalistes des États participants ; • ils envisageront favorablement les possibilités d’arrangements entre publications périodiques ainsi qu’entre journaux des États participants, en vue de l’échange et de la publication d’articles ; • ils encourageront l’échange d’informations techniques ainsi que l’organisation de recherches communes et de rencontres consacrées aux échanges d’expériences et de vues entre experts dans le domaine de la presse, de la radio et de la télévision.
(c) Amélioration des conditions de travail des journalistes
Les États participants, désireux d’améliorer les conditions dans lesquelles les journalistes d’un État participant exercent leur profession dans un autre État participant, ont l’intention en particulier de :
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• examiner dans un esprit favorable et dans des délais appropriés et raisonnables les demandes de visa présentées par des journalistes ; • accorder aux journalistes des États participants accrédités à titre permanent, sur la base d’ar- rangements, des visas à entrées et sorties multiples pour des délais déterminés ; • faciliter la délivrance aux journalistes accrédités des États participants, de permis de séjour dans le pays de leur résidence temporaire et, si et quand ceux-ci sont nécessaires, des autres docu- ments officiels qu’il leur convient d’avoir ; • assouplir, sur une base de réciprocité, les procédures d’organisation des déplacements de jour- nalistes des États participants dans le pays où ils exercent leur profession, et offrir progressive- ment de plus grandes possibilités pour ce genre de déplacements, sous réserve de l’observation des règlements relatifs à l’existence de régions interdites pour des raisons de sécurité ; • faire en sorte qu’il soit, autant que possible, donné rapidement suite aux demandes présen- tées par lesdits journalistes en vue de tels déplacements, compte tenu du facteur temps propre à la demande ; • accroître les possibilités, pour les journalistes des États participants, de communiquer personnel- lement avec leurs sources d’information, y compris les organisations et les institutions officielles ; • accorder aux journalistes des États participants le droit d’importer l’équipement technique (photo, cinéma, magnétophone, radio et télévision) qui leur est nécessaire pour l’exercice de leur profession ;* • donner aux journalistes des autres États participants, accrédités à titre permanent ou temporaire, la possibilité de transmettre intégralement, normalement et rapidement aux organes d’informa- tion qu’ils représentent, en utilisant des moyens reconnus par les États participants, les résul- tats de leur activité professionnelle, y compris les enregistrements magnétiques et les pellicules et films non développés, aux fins de publication, de radiodiffusion ou de télévision.
Les États participants réaffirment que les journalistes ne sauraient être expulsés ni pénalisés de quelque autre manière du fait de l’exercice légitime de leur activité professionnelle. En cas d’expulsion d’un journaliste accrédité, celui-ci sera informé des raisons de cette mesure et pourra demander le réexamen de son cas.
3. Coopération et échanges dans le domaine de la culture
Les États participants,
Considérant que les échanges et la coopération culturels contribuent à une meilleure compréhen- sion entre les hommes et entre les peuples, et favorisent ainsi une entente durable entre les États,
Confirmant les conclusions déjà formulées en ce domaine par voie multilatérale, notamment à la Conférence intergouvernementale sur les politiques culturelles en Europe, organisée par l’UNESCO à Helsinki en juin 1972, où s’est fait jour l’intérêt d’une participation active des plus larges couches sociales à une vie culturelle de plus en plus diversifiée,
* Tout en reconnaissant que le personnel local approprié est employé par des journalistes étrangers dans de nom- breux cas, les États participants notent que les dispositions ci-dessus s’appliqueraient, sous réserve du respect des règles appropriées, aux personnes des autres États participants, qui sont régulièrement et professionnelle- ment engagées en tant que techniciens, photographes ou caméramans de la presse, de la radio, de la télévision ou du cinéma.
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Entendant, avec le développement de la confiance mutuelle et l’amélioration progressive des relations entre les États participants, continuer et accroître leurs efforts en vue d’un progrès en ce domaine,
Disposés dans cet esprit à accroître substantiellement leurs échanges culturels, tant en ce qui concerne les personnes que les œuvres, et à développer entre eux une coopération active, aussi bien sur le plan bilatéral que multilatéral, dans tous les domaines de la culture,
Convaincus qu’un tel resserrement de leurs rapports mutuels contribuera à enrichir les cultures respectives, tout en respectant l’originalité de chacune, ainsi qu’à renforcer entre elles la conscience de valeurs communes, tout en continuant à développer la coopération culturelle avec les autres pays du monde,
Déclarent se fixer en commun les objectifs suivants : (a) développer l’information mutuelle en vue d’une meilleure connaissance des réalisations cultu- relles respectives, (b) améliorer les possibilités matérielles d’échanges et de diffusion des biens culturels, (c) favoriser l’accès de tous aux réalisations culturelles respectives, (d) développer les contacts et la coopération entre personnes exerçant une activité culturelle, (e) rechercher de nouveaux domaines et de nouvelles formes de coopération culturelle,
Manifestent ainsi leur volonté commune de mener une action progressive, cohérente et à long terme en vue d’atteindre les objectifs de la présente déclaration ; et
Expriment leur intention, dès maintenant de procéder à l’application de ce qui suit :
Extension des relations
Étendre et améliorer aux divers niveaux la coopération et les liens dans le domaine de la culture, en particulier : • en concluant, le cas échéant, des accords bilatéraux ou multilatéraux prévoyant une extension des relations entre les institutions d’État et les organisations non gouvernementales compé- tentes dans le domaine de la culture ainsi qu’entre les animateurs dans ce domaine, en tenant compte de la nécessité à la fois d’une certaine souplesse et d’une application aussi complète que possible des accords existants, et sans perdre de vue que les accords ainsi que les autres arran- gements constituent un moyen important de développer la coopération et les échanges dans le domaine de la culture ; • en contribuant au développement entre institutions d’État et organisations non gouvernemen- tales compétentes d’une communication et d’une coopération directes, y compris, si cela se révèle nécessaire, celles qui se réalisent sur la base d’accords et arrangements spéciaux ; • en encourageant entre les personnes qui tressaillent dans le domaine de la culture les commu- nications et les contacts directs y compris, si cela se révèle nécessaire, ceux qui se réalisent sur l base d’accords et arrangements spéciaux.
Connaissance mutuelle
Dans le cadre de leur compétence de prendre des mesures appropriées, tant sur le plan bilatéral que multilatéral, en vue de donner à leurs peuples une connaissance mutuelle plus large et plus com- plète de leurs réalisations accomplies dans les différents domaines de la culture, et parmi celles-ci :
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• étudier en commun, au besoin avec le concours d’organisations internationales appropriées, la création et la structure possibles d’une banque de données culturelles en Europe, qui collec- terait des informations provenant des pays participants et les fournirait à ses correspondants sur demande, et convoquer à cette fin une réunion d’experts des États intéressés ; • examiner, au besoin conjointement avec les organisations internationales appropriées, les moyens permettant d’établir en Europe un répertoire de films documentaires de caractère culturel ou scientifique en provenance des États participants ; • encourager des expositions plus fréquentes de livres et étudier la possibilité d’organiser périodi- quement en Europe une grande exposition de livres provenant des États participants ; • favoriser, entre les institutions respectives et les maisons d’édition, l’échange systématique de cata- logues de livres disponibles ainsi que de livres à paraître, englobant autant que possible toutes les publications à venir ; stimuler également les échanges de matériel documentaire entre les mai- sons d’édition d’ouvrages encyclopédiques, aux fins d’améliorer la présentation de chaque pays ; • étudier en commun les questions relatives à l’élargissement et à l’amélioration des échanges d’in- formations dans les divers domaines de la culture, tels que le théâtre, la musique, les activités de bibliothèque ainsi que la conservation et la restauration des biens culturels.
Échanges et diffusion
Contribuer à améliorer les possibilités d’échanges et de diffusion des biens culturels, par des moyens appropriés, notamment : • en étudiant les possibilités d’harmoniser et d’alléger les charges pesant sur les échanges com- merciaux internationaux de livres et d’autres matériels culturels, ainsi que de nouveaux moyens pour assurer les œuvres d’art dans les expositions â l’étranger et pour réduire les risques de dom- mage ou de perte auxquels ces œuvres sont exposées du fait de leur déplacement ; • en facilitant les formalités de passage en douane, dans les délais compatibles avec le calendrier des manifestations artistiques, des œuvres d’art, matériels et accessoires figurant à l’inventaire convenu par les organisateurs de ces manifestations ; • en encourageant des rencontres entre représentants des organismes compétents et firmes concer- nées afin d’examiner des mesures de leur ressort – telles que la simplification des procédés de com- mande, les délais d’approvisionnement et les modalités de paiement – qui pourraient faciliter les échanges commerciaux internationaux de livres ; • en favorisant les prêts et échanges de films entre leurs instituts d’études ciné matographiques et cinémathèques ; • en encourageant l’échange d’informations entre parties intéressées au sujet des manifestations de caractère culturel qui sont prévues dans les États participants, dans les domaines qui s’y prêtent le mieux, tels que ceux de la musique, du théâtre et des arts plastiques en vue de contri- buer à l’établissement et à la publication d’un calendrier de ces événements, avec le concours des organisations internationales compétentes, où cela est nécessaire ; • en encourageant l’étude des incidences que l’évolution prévisible et une harmonisation éven- tuelle entre parties intéressées des moyens techniques utilisés pour la diffusion de la culture pourraient avoir sur le développement de la coopération et des échanges culturels, tout en ayant en vue la préservation de la diversité et de l’originalité de leurs cultures respectives ; • en encourageant de la façon qu’ils jugent appropriée, dans le cadre de leur politique culturelle, le développement de l’intérêt pour le patrimoine culturel des autres États participants, conscients des mérites et de la valeur de chaque culture ;
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• en veillant à l’application pleine et efficace des accords et conventions internationaux sur le droit d’auteur et concernant la circulation des biens culturels, auxquels ils sont parties ou décideraient à l’avenir de le devenir.
Accès
Favoriser un accès mutuel plus complet de tous aux réalisation — aux œuvres, expériences et aux interprétations — dans les différents domaines de la culture de leur pays, et faire à cette fin les meilleurs efforts possibles, conformément à leur compétence, notamment : • favoriser une plus large diffusion des livres et des œuvres artistiques, notamment par des voies telles que : – faciliter, en tenant pleinement compte des conventions internationales sur le droit d’auteur auxquelles ils sont parties, les contacts et les communications internationaux entre auteurs et maisons d’édition ainsi que d’autres institutions culturelles, en vue d’un accès mutuel plus complet aux réalisations culturelles ; – recommander qu’en déterminant le volume des tirages, les maisons d’édition tiennent égale- ment compte de la demande émanant des autres États participants, et que les droits de vente soient accordés dans les autres États participants en accord avec les partenaires intéressés, à plusieurs organisations de vente des pays importateurs où cette possibilité existe ; – encourager les organismes compétents et les firmes concernées à conclure des accords et contrats et contribuer, par ce moyen, à augmenter graduellement le nombre et la diversité des ouvrages d’auteurs des autres États participants disponibles, en original et en traduction, dans leurs bibliothèques et dans leurs librairies ; – favoriser l’augmentation, là où cela sera reconnu opportun, du nombre des points où seront mis en vente des livres d’auteurs des autres États participants en original, importés en vertu d’accords et de contrats, et en traduction ; – favoriser plus largement la traduction des œuvres appartenant au domaine de la littérature et aux autres domaines d’activité culturelle, produites dans les langues des autres États parti- cipants, en particulier dans les langues les moins répandues, ainsi que la publication et la dif- fusion des œuvres traduites, par des mesures telles que : – stimuler des contacts plus réguliers entre les maisons d’édition intéressées ; – accroître leurs efforts en vue de la formation et du perfectionnement des traducteurs ; – inciter, par des moyens appropriés, les maisons d’édition de leurs pays à publier des traductions ; – faciliter, entre les éditeurs et les organismes intéressés, l’échange de listes de livres signalés pour traduction ; – favoriser entre leurs pays l’activité professionnelle et la coopération des traducteurs ; – entreprendre des études conjointes sur les moyens de développer les traductions et leur dif- fusion ; améliorer et élargir les échanges de livres, bibliographies et fiches bibliographiques entre bibliothèques ; • envisager d’autres dispositions appropriées qui permettraient, au besoin par accord mutuel entre les parties intéressées, de faciliter l’accès à leurs réalisations culturelles respectives, notamment dans le domaine du livre ; • contribuer par les moyens appropriés à utiliser plus largement les moyens d’information de masse en vue de mieux faire connaître entre eux leur vie culturelle ;
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• s’employer à améliorer les conditions nécessaires pour que les travailleurs migrants et leurs familles puissent à la fois conserver leurs liens avec leur culture nationale et s’adapter à leur nouvel environnement culturel ; • encourager les organismes et les entreprises compétents à un choix et à une distribution plus larges des films de long métrage et documentaires des autres États participants ainsi que favo- riser des présentations non commerciales plus fréquentes, telles que premières, semaines ciné- matographiques et festivals, en prenant dûment en considération les films provenant des pays dont les créations cinématographiques sont moins connues ; • favoriser, par les moyens appropriés, dans le cadre des règles existantes pour le travail sur de tels matériels d’archives, l’élargissement des possibilités de travail des spécialistes en provenance des autres États participants sur du matériel de caractère culturel des archives cinématogra- phiques et audiovisuelles ; • encourager une étude conjointe par les organismes intéressés et le cas échéant avec le concours des organisations internationales compétentes sur l’opportunité et les conditions de création d’un répertoire de leurs programmes enregistrés de télévision à caractère culturel, ainsi que des moyens de les visionner rapidement afin de faciliter leur choix et leur éventuelle acquisition.
Contacts et coopération
Contribuer, par des moyens appropriés, au développement des contacts et de la coopération dans les différents domaines de la culture, en particulier entre créateurs et animateurs, en s’employant notamment à : • favoriser les voyages et rencontres de personnes exerçant une activité culturelle, y compris, si cela se révèle nécessaire, ceux qui se réalisent sur la base d’accords, de contrats ou d’autres arrange- ments spéciaux, et qui relèvent de leur coopération culturelle ; • encourager ainsi les contacts entre créateurs, interprètes et groupes artistiques en vue de tra- vailler ensemble, de faire connaître leurs œuvres dans d’autres États participants ou d’échanger leurs vues sur des sujets relevant de leur activité commune ; • encourager, au besoin par des arrangements appropriés, les échanges de stagiaires et de spécia- listes et l’octroi de bourses pour la formation et le perfectionnement dans différents domaines de la culture tels que les arts et l’architecture, les musées et bibliothèques, les études et la tra- duction littéraires, et contribuer à créer des conditions d’accueil favorables dans leurs institu- tions respectives ; • encourager l’échange des connaissances acquises en matière de formation du personnel chargé d’organiser des activités culturelles ainsi que des professeurs et des spécialistes dans les domaines tels que le théâtre, l’opéra, le ballet, la musique et les beaux-arts ; • continuer d’encourager l’organisation de rencontres internationales entre créateurs, et notam- ment les jeunes créateurs, sur les questions actuelles de la création artistique et littéraire, qui présentent un intérêt pour un examen en commun ; • étudier les autres possibilités de développer les échanges et la coopération entre les personnes exerçant une activité culturelle, en vue d’une meilleure connaissance mutuelle de la vie cultu- relle des États participants.
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Domaines et formes de coopération
Encourager la recherche de nouveaux domaines et de nouvelles formes de coopération culturelle, en contribuant à ces fins à la conclusion entre parties intéressées, là où cela est nécessaire, d’ac- cords et d’arrangements appropriés et dans ce contexte favoriser : • des études conjointes relatives aux politiques culturelles. en particulier sous leurs aspects sociaux, ainsi que dans leurs rapports avec les politiques de la planification, de l’urbanisme, de l’éduca- tion, de l’environnement, et les aspects culturels du tourisme ; • l’échange de connaissances en matière de diversité culturelle, de façon à contribuer ainsi à une meilleure compréhension, par les parties intéressées, d’une telle diversité, là où elle se manifeste ; • l’échange d’informations, et là où cela est approprié, les rencontres d’experts, la mise au point et l’exécution de programmes et projets de recherche ainsi que leur évaluation en commun et la diffusion des résultats, dans les matières ci-dessus indiquées ; • des formes de coopération culturelle et le développement de réalisations conjointes telles que : les manifestations internationales dans les domaines des arts plastiques, du cinéma, du théâtre, du ballet, de la musique, du folklore, etc. ; les foires et les expositions de livres, les représenta- tions en commun d’œuvres lyriques et dramatiques, ainsi que les représentations données par des solistes, ensembles instrumentaux, orchestres, choeurs et autres groupes artistiques, y com- pris ceux qui sont composés d’amateurs, en tenant dûment compte de l’organisation de manifes- tations culturelles internationales de la jeunesse et de l’échange de jeunes artistes ; • l’inclusion d’œuvres d’écrivains et de compositeurs des autres États participants dans les réper- toires de solistes et d’ensembles artistiques ; • la préparation, traduction et publication d’articles, d’études et de monographies, ainsi que de livres à bas prix et de collections d’art et de littérature, propres à mieux faire connaître les réalisations culturelles respectives, en prévoyant à cette fin des rencontres entre experts et repré- sentants de maisons d’édition ; • la coproduction et l’échange de films ainsi que de programmes de radio et télévision, en favori- sant en particulier les rencontres entre producteurs, techniciens et représentants des pouvoirs publics, en vue de dégager des conditions favorables pour l’exécution de projets concrets com- muns et en encourageant, dans le domaine de la coproduction, la constitution d’équipes inter- nationales de tournage ; • l’organisation de concours d’architecture et d’urbanisme en envisageant la mise en œuvre éven- tuelle des meilleurs projets et la formation, quand cela est possible, d’équipes internationales ; • la mise en œuvre de projets communs de sauvegarde, de restauration et de mise en valeur des œuvres artistiques, monuments et sites historiques et archéologique d’intérêt culturel, avec le concours, dans les cas approprié, d’organisations internationales de caractère gouvernemen- tal ou non gouvernemental ainsi que d’institutions privées — compétentes et actives dans ces domaines — en envisageant à cet effet : – des réunions périodiques d’experts des parties intéressées pour élaborer les propositions nécessaires, en gardant à l’esprit la nécessité de considérer ces questions dans un plus large contexte économique et social ; – la publication dans les périodiques appropriés d’articles destinés à faire connaître et à com- parer les réalisations et les innovations les plus significatives, entre les États participants ; – l’étude conjointe, en vue d’une amélioration et d’une éventuelle harmonisation des différents systèmes employés pour inventorier et cataloguer les monuments historiques et les sites d’in- térêt culturel dans leur pays ;
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– l’étude des possibilités d’organiser des cours internationaux pour la formation de spécialistes de différentes disciplines relatives à la restauration.
* * *
Minorités nationales ou cultures régionales
Les États participants, reconnaissant la contribution que les minorités nationales ou cultures régio- nales peuvent apporter à la coopération entre eux dans différents domaines de la culture, se pro- posent, lorsqu’existent sur leur territoire de telles minorités ou cultures, et en tenant compte des intérêts légitimes de leurs membres, de faciliter cette contribution.
4. Coopération et échanges dans le domaine de l’éducation
Les États participants,
Conscients de ce que le développement des rapports internationaux dans les domaines de l’édu- cation et de la science contribue à une meilleure compréhension mutuelle et qu’il est avantageux pour tous les peuples et profitable aux générations futures,
Disposés à faciliter, entre organisations, institutions et personnes qui exercent une activité édu- cative ou scientifique, le développement des échanges de connaissances et d’expériences ainsi que des contacts sur la base d’arrangements spéciaux là où ceux-ci sont nécessaires,
Désireux de renforcer les liens entre établissements éducatifs et scientifiques, ainsi que d’encou- rager leur coopération dans des secteurs d’intérêt commun, en particulier lorsque le niveau des connaissances et des ressources exige des efforts concertés sur le plan international, et
Convaincus que le progrès dans ces domaines doit être accompagné et soutenu par une plus large connaissance des langues étrangères,
Expriment à ces fins leur intention notamment :
(a) Extension des relations
D’accroître et améliorer aux divers niveaux la coopération et les liens dans les domaines de l’édu- cation et de la science, en particulier : • en concluant, s’il y a lieu, des accords bilatéraux ou multilatéraux prévoyant la coopération et les échanges entre institutions d’État, organismes non gouvernementaux et personnes qui exercent des activités dans les domaines de l’éducation et de la science, en gardant à l’esprit la nécessité d’assurer une application souple et une utilisation plus complète des accords et arrangements existants ; • en favorisant la conclusion d’arrangements directs entre les universités et autres établissements d’enseignement supérieur et de recherche, dans le cadre d’accords entre gouvernements, là où cela est approprié ; • en encourageant les contacts et les communications directs entre les personnes qui travaillent dans les domaines de l’éducation et de la science, y compris ceux qui sont basés sur des accords ou arrangements spéciaux, lorsque ceux-ci sont appropriés.
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(b) Accès et échanges
D’améliorer, dans des conditions mutuellement acceptables, l’accès aux établissements d’enseigne- ment, ainsi qu’aux institutions culturelles et scientifiques, des étudiants, des enseignants et des hommes de science des États participants, et intensifier les échanges entre ces institutions dans tous les domaines présentant un intérêt commun, notamment : • en élargissant l’échange des informations sur les possibilités d’études offertes et les cours acces- sibles aux participants étrangers, ainsi que sur les conditions dans lesquelles ils seront admis et reçus ; • en encourageant, entre les États participants, les voyages d’hommes de science, d’enseignants et d’étudiants, ayant pour objet les études, l’enseignement et la Recherche, ainsi que l’amélio- ration de la connaissance réciproque de leurs réalisations dans les domaines de l’éducation, de la culture et de la science ; • en favorisant l’octroi de bourses d’études, d’enseignement et de Recherche dans leur pays aux hommes de science, aux enseignants et aux étudiants d’autres États participants ; • en élaborant, mettant au point ou encourageant des programmes prévoyant un plus large échange d’hommes de science, d’enseignants et d’étudiants, y compris l’organisation de colloques, de sémi- naires et de projets en collaboration, ainsi que l’échange d’informations dans les domaines de l’enseignement, des études supérieures et de la recherche, sous forme par exemple de publi- cations universitaires et de documentation fournie par des bibliothèques ; • en favorisant la mise en œuvre efficace de ces arrangements et programmes en fournissant en temps utile aux hommes de science, aux enseignants et aux étudiants des informations plus détaillées sur leur affectation à l’université ou à l’établissement où ils seront admis et sur les programmes prévus pour eux ; en leur accordant la possibilité d’utiliser la documentation per- tinente, universitaire et scientifique et celle provenant d’archives ouvertes ; et en facilitant leurs déplacements ayant pour objet tant l’étude ou la recherche que les voyages d’agrément à l’inté- rieur de l’État qui les reçoit et sur la base des procédures usuelles ; • en favorisant une évaluation plus exacte des problèmes relatifs à la comparaison et à l’équiva- lence des grades et diplômes universitaires, en développant l’échange d’informations sur l’orga- nisation, la durée et les programmes des études, la comparaison des méthodes d’évaluation des niveaux de connaissance et des qualifications universitaires, et, là où cela est réalisable, en par- venant à la reconnaissance mutuelle des grades et diplômes universitaires soit, si nécessaire, par voie d’accords entre gouvernements, soit par voie d’arrangements directs entre les universités et autres institutions d’enseignement supérieur et de recherche ; • en recommandant, en outre, aux organisations internationales compétentes d’intensifier leurs efforts afin de parvenir à une solution généralement acceptable pour les problèmes de compa- raison et d’équivalence entre grades et diplômes universitaires.
(c) Science
Dans le cadre de leur compétence, d’amplifier et d’améliorer la coopération et les échanges dans le domaine de la science, en particulier :
Développer, sur une base bilatérale ou multilatérale, les échanges et la diffusion d’informations et de documentation scientifique, notamment en : • rendant cette information plus largement disponible aux savants et chercheurs des autres États participants, par exemple, grâce à une participation à des programmes internationaux de mise en commun de l’information ou à d’autres arrangements appropriés ;
22 Helsinki 1975
• élargissant et facilitant l’échange d’échantillons et autres matériels scientifiques utilisés en par- ticulier pour la Recherche fondamentale dans les domaines des sciences exactes et naturelles et de la médecine ; • invitant les établissements scientifiques et les universités à se tenir mutuellement plus entière- ment et régulièrement informés de leurs travaux de Recherche présents et envisagés dans les domaines d’intérêt commun.
Faciliter l’élargissement des communications et des contacts directs entre les universités, les insti- tutions et les associations scientifiques de même qu’entre les scientifiques et les chercheurs y com- pris ceux qui sont fondés, si besoin est, sur des accords ou arrangements spéciaux, notamment en : • développant davantage les échanges de scientifiques et de chercheurs et en encourageant l’orga- nisation de réunions préparatoires ou de groupes de travail sur des thèmes de Recherche d’in- térêt commun ; • encourageant la création d’équipes conjointes de scientifiques chargées de poursuivre des pro- jets de Recherche sur la base d’arrangements conclus entre les institutions scientifiques de plu- sieurs pays ; • aidant à l’organisation et au bon fonctionnement de conférences et de séminaires internationaux ainsi qu’à la participation de leurs scientifiques et chercheurs à ces conférences et séminaires ; • envisageant, en outre, dans un proche avenir un « Forum scientifique » sous forme d’une réunion de personnalités éminentes du monde de la science provenant des États participants afin de dis- cuter de problèmes liés entre eux d’intérêt commun relatifs au développement présent et futur de la science et de favoriser l’accroissement des contacts, les communications et l’échange d’in- formations entre institutions scientifiques et parmi les scientifiques ; • prévoyant, à une date rapprochée, une réunion d’experts représentant les États participants et leurs institutions scientifiques nationales, en vue de préparer un tel « Forum scientifique » en liai- son avec les organisations internationales appropriées, telles que l’UNESCO et la CEE/ONU ; • examinant en temps utile quelles dispositions nouvelles pourraient être prises ultérieurement en ce qui concerne le « Forum scientifique ».
Développer dans le domaine de la Recherche scientifique, sur le plan bilatéral ou multilatéral, la coordination de programmes mis en œuvre dans les États participants et l’organisation de pro- grammes communs, notamment dans les secteurs énoncés ci-après, qui peuvent nécessiter l’effort conjoint de savants et, dans certains cas, l’utilisation d’équipements onéreux ou rares. La liste des sujets énumérés dans ces secteurs est donnée à titre indicatif ; et les projets spécifiques devront être déterminés ultérieurement par les partenaires potentiels dans les États participants, en tenant compte de la contribution que pourraient fournir les organisations internationales et les institu- tions scientifiques appropriées : • les sciences exactes et naturelles, notamment la recherche fondamentale dans des domaines tels que les mathématiques, la physique, la physique théorique, la géophysique, la chimie, la biolo- gie, l’écologie et l’astronomie ; • la médecine, notamment la recherche fondamentale concernant le cancer et les maladies cardio- vasculaires, les études des maladies endémiques dans les pays en voie de développement, ainsi que la recherche médico-sociale portant spécialement sur les maladies professionnelles, la réé- ducation des handicapés et les soins à la mère, à l’enfant et aux personnes âgées ; • les sciences humaines et sociales telles que l’histoire, la géographie, la philosophie, la psycholo- gie, la Recherche pédagogique, la linguistique, la sociologie, les sciences juridiques, politiques et économiques : les études comparées des phénomènes sociaux, socio-économiques et culturels
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d’intérêt commun pour les États participants, notamment des problèmes de l’environnement humain et du développement urbain, ainsi que les études scientifiques sur les méthodes de conser- vation et de restauration des monuments et des œuvres d’art.
(d) Langues et civilisations étrangères
D’encourager l’étude des langues et des civilisations étrangères comme moyen important d’ac- croître la communication entre peuples afin de mieux leur faire connaître la culture de chaque pays, aussi bien que de renforcer la coopération internationale ; stimuler à cette fin, dans le cadre de leurs compétences, le développement et l’amélioration de l’enseignement des langues étrangères et la diversification du choix des langues enseignées aux différents niveaux, en prenant dûment en considération les langues moins répandues
ou moins étudiées, et en particulier : • intensifier la coopération visant à améliorer l’enseignement des langues étrangères par des échanges d’information et d’expérience portant sur le développement et la mise en œuvre de méthodes et matériels pédagogiques modernes et efficaces, adaptés aux besoins des différentes catégories d’étudiants, y compris les méthodes d’enseignement accéléré ; et envisager les possi- bilités d’effectuer, sur une base bilatérale ou multilatérale, des études sur de nouvelles méthodes d’enseignement des langues étrangères ; • encourager la coopération entre institutions concernées, sur une base bilatérale ou multilatérale, en vue d’exploiter plus complètement pour l’enseignement des langues les ressources de la tech- nologie moderne en matière d’éducation, par exemple grâce à des études comparatives effectuées par leurs spécialistes et, là où cela aura été convenu, à des échanges ou transferts de matériels audiovisuels, de matériels utilisés dans la préparation des livres scolaires, ainsi que d’informations au sujet de nouveaux types d’équipements techniques utilisés dans l’enseignement des langues ; • favoriser l’échange d’informations sur l’expérience acquise en matière de formation des profes- seurs de langues et intensifier les échanges, sur une base bilatéral, de professeurs et d’étudiants linguistes ainsi que faciliter leur participation à des cours d’été de langues et civilisations, par- tout où ceux-ci sont organisés ; • encourager la coopération entre experts dans le domaine de la lexicographie dans le but de défi- nir les équivalences terminologiques nécessaires, en particulier dans les disciplines scientifiques et techniques, en vue de faciliter les relations entre institutions scientifiques et spécialistes ; • favoriser l’extension de l’étude des langues étrangères dans les différentes catégories d’établisse- ments d’enseignement secondaire ainsi que de plus larges possibilités de choix entre un nombre accru de langues européennes : et considérer dans ce contexte, partout où cela est opportun, les possibilités de développer le recrutement et la formation des maîtres ainsi que l’organisation des sections de classes requises ; • favoriser, dans l’enseignement supérieur, un choix plus large des langues offertes aux étudiants en langues et des possibilités accrues pour les autres étudiants d’étudier diverses langues étran- gères ; faciliter également, là où cela est souhaitable, l’organisation de cours de langues et civili- sations, sur la base d’arrangements spéciaux en tant que de besoin, donnés par des conférenciers étrangers, notamment des pays européens dont les langues sont moins répandues ou moins étu- diées ; • favoriser, dans le cadre de la formation des adultes, la mise au point de programmes spécia- lisés, adaptés aux différents besoins et intérêts, pour l’enseignement des langues étrangères à leurs propres habitants et de la langue du pays hôte aux adultes intéressés d’autres pays ; dans ce contexte, encourager les institutions intéressées à coopérer, par exemple, à l’élaboration
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de programmes d’enseignement par radio et télévision et par les méthodes accélérées, ainsi que, là où cela est désirable, à la définition d’objectifs d’études destinés à de tels programmes en vue d’arriver à des niveaux de connaissance comparables ; • encourager, là où cela convient, l’association de l’enseignement des langues étrangères à celui des civilisations correspondantes et poursuivre les efforts en vue de stimuler l’intérêt pour l’étude des langues étrangères, y compris par des activités extra-scolaires appropriées.
(e) Méthodes pédagogiques
De favoriser l’échange de données d’expérience sur une base bilatérale ou multilatérale, en matière de méthodes pédagogiques à tous les niveaux d’enseignement, y compris celles utilisées dans l’édu- cation permanente et dans la formation des adultes, ainsi que les échanges de matériels pédago- giques, notamment : • en développant davantage les diverses formes de contacts et de coopération dans les différents domaines de la science pédagogique par exemple par des études comparatives ou conjointes réa- lisées par les institutions intéressées ou par l’échange d’informations sur les résultats des expé- riences pédagogiques ; • en intensifiant l’échange d’informations relatives aux méthodes pédagogiques en usage dans les divers systèmes d’éducation et aux résultats des recherches portant sur les processus d’acquisi- tion des connaissances par les écoliers et les étudiants, compte tenu de l’expérience pertinente acquise dans différents types d’enseignement spécialisé ; • en facilitant l’échange de connaissances acquises concernant l’organisation et le fonctionne- ment de l’éducation destinée aux adultes et l’éducation récurrente, les rapports entre ces formes et d’autres formes et niveaux d’éducation, ainsi que concernant les moyens d’adapter l’éduca- tion y compris la formation professionnelle et technique, aux besoins du développement écono- mique et social dans leurs pays ; • en encourageant les échanges d’expérience dans l’éducation de la jeunesse et des adultes pour la compréhension internationale, en se référant particulièrement aux grands problèmes de l’huma- nité dont la solution appelle une approche commune et une plus large coopération internationale ; • en favorisant les échanges de matériel d’enseignement – y compris les manuels scolaires, en ayant à l’esprit la possibilité d’accroître la connaissance mutuelle et de faciliter la présentation dans ces manuels de chaque pays – ainsi que les échanges d’informations sur les innovations tech- niques dans le domaine de l’éducation.
Minorités nationales ou cultures régionales
Les États participants, reconnaissant la contribution que les minorités nationales ou cultures régio- nales peuvent apporter à la coopération entre eux dans différents domaines de l’éducation, se pro- posent, lorsqu’existent sur leur territoire de telles minorités ou cultures, et en tenant compte des intérêts légitimes de leurs membres, de faciliter cette contribution.
Suites de la Conférence
Les États participants,
Ayant considéré et évalué les progrès réalisés à la Conférence sur la sécurité et la coopération en Europe,
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Considérant en outre que, dans le contexte plus large du monde, la Conférence est une partie importante du processus d’amélioration de la sécurité et de développement de la coopération en
Europe et que ses résultats contribueront de manière significative à ce processus, Entendant mettre en œuvre les dispositions de l’Acte final de la Conférence, afin de donner plein effet à ses résul- tats et promouvoir ainsi le processus d’amélioration de la sécurité et de développement de la coo- pération en Europe,
Convaincus qu’afin d’atteindre les objectifs poursuivis par la Conférence, ils doivent faire de nou- veaux efforts unilatéraux, bilatéraux et multilatéraux et continuer, sous les formes appropriées énoncées ci-après, le processus multilatéral amorcé par la Conférence,
1. Déclarent leur résolution, dans la période suivant la Conférence, de tenir dûment compte des dispositions de l’Acte final de la Conférence et de les appliquer : (a) unilatéralement, dans tous les cas qui se prêtent à une telle action ; (b) bilatéralement, par voie de négociations avec d’autres États participants ; (c) multilatéralement, par des réunions d’experts des États participants, ainsi que dans le cadre des organisations internationales existantes, telles que la Commission économique pour l’Europe des Nations Unies et l’UNESCO, en ce qui concerne la coopération dans les domaines de l’éduca- tion, de la science et de la culture ;
2. Déclarent en outre leur résolution de poursuivre le processus multilatéral amorcé par la Confé- rence : (a) en procédant à un échange de vues approfondi portant à la fois sur la mise en œuvre des dispo- sitions de l’Acte final et l’exécution des tâches définies par la Conférence ainsi que, dans le contexte des questions traitées par celle-ci, sur l’approfondissement de leurs relations mutuelles, l’amélio- ration de la sécurité et le développement de la coopération en Europe et le développement du pro- cessus de la détente à l’avenir ; (b) en organisant à ces fins des rencontres entre leurs représentants, à commencer par une réunion au niveau des représentants désignés par les Ministres des Affaires étrangères. Celle-ci précisera les modalités appropriées pour la tenue d’autres rencontres, qui pourront comprendre de nouvelles réunions similaires et la possibilité d’une nouvelle Conférence ;
3. La première des rencontres indiquées ci-dessus se tiendra à Belgrade en 1977. Une réunion pré- paratoire chargée d’organiser cette réunion aura lieu à Belgrade le 15 juin 1977. La réunion prépa- ratoire fixera la date, la durée, l’ordre du jour et les autres modalités de la réunion des représentants désignés par les Ministres des Affaires étrangères ;
4. Les dispositions de procédure et de travail ainsi que le barème de répartition des dépenses de la Conférence s’appliqueront, mutatis mutandis, aux réunions envisagées aux paragraphes 1 (c), 2 et 3 ci-dessus. Toutes les réunions mentionnées ci-dessus se tiendront à tour de rôle dans les États participants. Les services de secrétariat technique seront fournis par le pays hôte.
L’original du présent Acte Final, rédigé en allemand, anglais, espagnol, français, italien et russe, sera remis au Gouvernement de la République de Finlande qui le conservera dans ses archives. Chacun des États participants recevra du Gouvernement de la République de Finlande une copie conforme du présent Acte Final.
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Le texte du présent Acte Final sera publié dans chaque État participant, qui le diffusera et le fera connaître le plus largement possible.
Le Gouvernement de la République de Finlande est prié de transmettre au Secrétaire général des Nations Unies le texte du présent Acte Final, qui n’est pas recevable pour être enregistré au titre de l’article 102 de la Charte des Nations Unies, en vue de sa diffusion à tous les membres de l’Or- ganisation comme document officiel des Nations Unies.
Le Gouvernement de la République de Finlande est également prié de transmettre le texte du pré- sent Acte Final au Directeur général de l’UNESCO et au Secrétaire exécutif de la Commission éco- nomique pour l’Europe des Nations Unies.
En foi de quoi, les soussignés Hauts Représentants des États participants, conscients de la haute signification politique que ceux-ci attachent aux résultats de la Conférence et déclarant leur déter- mination d’agir conformément aux dispositions contenues dans les textes ci-dessus, ont apposé leur signature au bas du présent Acte Final. (…)
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Madrid 1983
Questions relatives à la sécurité en Europe
Les États participants se déclarent résolus à : • déployer de nouveaux efforts pour faire de la détente un processus tout à la fois effectif, continu, de plus en plus viable et global, de portée universelle comme ils s’y sont engagés en vertu de l’Acte final ; • chercher à résoudre les problèmes en cours par des moyens pacifiques ; • agir constamment en conformité avec les dispositions qu’énonce l’Acte final et, en particulier, respecter strictement et sans réserves, et mettre en pratique tous les dix principes que contient la Déclaration sur les principes régissant les relations mutuelles des États participants, indépen- damment de leur système politique, économique ou social, ainsi que de leur dimension, de leur situation géographique ou de leur niveau de développement économique, y compris leur enga- gement de conduire leurs relations avec tous les autres États dans l’esprit de ces principes ; • développer des relations de coopération mutuelle, d’amitié et de confiance, en s’abstenant de tout acte qui, étant contraire à l’Acte final, pourrait compromettre ces relations ; • encourager les efforts véritables tendant à mettre en œuvre l’Acte final ; • déployer des efforts véritables pour endiguer une accumulation croissante des armements ainsi que pour affermir la confiance et la sécurité et promouvoir le désarmement.
Principes
Ils réaffirment leur détermination de respecter et d’appliquer pleinement ces principes et, par consé- quent, de leur conférer par tous les moyens, tant juridiques que pratiques, une plus grande efficacité.
Ils estiment que l’un de ces moyens pourrait consister à donner une expression législative – dans des formes répondant aux usages et procédures propres à chaque pays – aux dix principes énon- cés dans l’Acte final.
Ils reconnaissent qu’il importe que les traités et accords que concluent les États participants reflètent les principes pertinents et s’en inspirent et, le cas échéant, y fassent référence.
Les États participants réaffirment la nécessité que le non-recours à la menace ou à l’emploi de la force, en tant que norme de la vie internationale, soit strictement et effectivement respecté. A cet effet, ils insistent sur le devoir qu’ils ont, en vertu des dispositions pertinentes de l’Acte final, d’agir en conséquence.
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Les États participants condamnent le terrorisme, y compris le terrorisme dans les relations inter- nationales, qui met en danger ou fait périr des innocents ou porte autrement atteinte aux droits de l’homme et aux libertés fondamentales et ils proclament qu’il faut prendre de fermes mesures pour le combattre. Ils se déclarent résolus à prendre des mesures efficaces pour la prévention et l’éli- mination des actes de terrorisme, tant sur le plan national que par voie de coopération internatio- nale, y compris sous forme d’accords bilatéraux et multilatéraux appropriés, et à étendre et renforcer en conséquence leur coopération mutuelle pour combattre lesdits actes. Ils conviennent d’agir ainsi conformément à la Charte des Nations Unies, à la Déclaration des Nations Unies relative aux principes du droit international touchant les relations amicales et la coopération entre les États et à l’Acte final de Helsinki.
Dans le cadre du combat contre les actes de terrorisme, ils prendront toutes les mesures appro- priées pour empêcher que leur territoire ne soit utilisé pour préparer, organiser ou commanditer des activités terroristes, y compris celles qui sont dirigées contre d’autres États participants et leurs ressortissants. Cela concerne également des mesures visant à interdire sur leurs territoires les acti- vités illicites de personnes, de groupes et d’organisations qui sont les instigateurs d’actes de terro- risme, les organisent ou s’y livrent.
Les États participants confirment qu’ils s’abstiendront d’aider directement ou indirectement les activités terroristes ou les activités subversives ou autres visant au renversement violent du régime d’un autre État participant. En conséquence, ils s’abstiendront notamment de financer, d’encoura- ger, de fomenter ou de tolérer l’une quelconque de ces activités.
Ils se déclarent résolus à mettre tout en œuvre pour assurer les conditions de sécurité nécessaires à tous les représentants et personnels officiels qui prennent part sur leur territoire à toute acti- vité relevant du domaine des relations diplomatiques, consulaires ou autres relations officielles.
Ils soulignent que tous les États participants reconnaissent dans l’Acte final l’importance univer- selle des droits de l’homme et des libertés fondamentales, dont le respect est un facteur essentiel de la paix, de la justice et du bien-être nécessaires pour assurer le développement de relations ami- cales et de la coopération entre eux, comme entre tous les États.
Les États participants soulignent leur détermination à favoriser et à encourager l’exercice effec- tif des droits de l’homme et des libertés fondamentales qui découlent tous de la dignité inhérente à la personne humaine et qui sont essentiels à son épanouissement libre et intégral, et à assurer des progrès constants et concrets conformément à l’Acte final, visant à la poursuite d’un dévelop- pement constant dans ce domaine, dans tous les États participants, indépendamment de leur sys- tème politique, économique et social.
De même, ils se déclarent résolus à développer leurs lois et règlements dans le domaine des droits civils, politiques, économiques, sociaux, culturels et des autres droits de l’homme et des liber- tés fondamentales ; ils soulignent également leur détermination d’assurer l’exercice effectif de ces droits et libertés.
Ils rappellent le droit de l’individu de connaître ses droits et devoirs dans le domaine des droits de l’homme et des libertés fondamentales, et d’agir en conséquence, en conformité avec l’Acte final ; ils prendront, dans leurs pays respectifs, les mesures nécessaires pour garantir effectivement ce droit.
Les États participants confirment qu’ils reconnaîtront et respecteront et, de plus, s’accordent à prendre les mesures nécessaires pour garantir la liberté qu’a l’individu de professer et pratiquer,
29 Madrid 1983
seul ou en commun, une religion ou une conviction en agissant selon les impératifs de sa propre conscience.
A ce propos, ils consulteront, si besoin est, les cultes ainsi que les institutions et organisations reli- gieuses dont l’action s’exerce dans le cadre constitutionnel de leurs pays respectifs.
Ils examineront favorablement les demandes formulées par des communautés religieuses de croyants pratiquant ou disposés à pratiquer leur foi dans le cadre constitutionnel de leurs États, visant à l’octroi du statut prévu dans leur pays à l’intention des cultes et des institutions et organisa- tions religieuses.
Ils confirment qu’il importe de réaliser des progrès constants pour garantir le respect et la jouis- sance effective des droits des personnes appartenant à des minorités nationales ainsi que de pro- téger leurs intérêts légitimes, conformément à l’Acte final.
Ils confirment également qu’il importe d’assurer l’égalité des droits entre l’homme et la femme ; en conséquence, ils conviennent de prendre toutes les mesures nécessaires pour promouvoir une participation également effective des hommes et des femmes à la vie politique, économique, sociale et culturelle.
Les États participants donneront effet au droit qu’ont les travailleurs de créer librement des syn- dicats et d’y adhérer, au droit qu’ont les syndicats d’exercer librement leurs activités et aux autres droits qu’énoncent les instruments internationaux pertinents. Ils prennent note du fait que ces droits seront exercés dans le respect des lois de l’État et conformément aux obligations de l’État en vertu du droit international. Ils favoriseront, selon le cas, les contacts et la communication directs entre lesdits syndicats et entre leurs représentants.
Ils confirment que les gouvernements, les institutions, les organisations et les personnes ont un rôle propre et positif à jouer en contribuant à atteindre les objectifs susmentionnés de leur coopération.
Ils confirment l’importance particulière que revêtent la Déclaration universelle des droits de l’homme, les pactes internationaux relatifs aux droits de l’homme et les autres instruments internationaux pertinents reflétant les efforts qu’ils font, séparément et conjointement, pour sti- muler et développer le respect universel des droits de l’homme et des libertés fondamentales : ils appellent tous les États participants à agir conformément à ces instruments internationaux et ceux d’entre eux qui ne l’ont pas encore fait à envisager d’adhérer à ces pactes.
Ils conviennent d’envisager avec faveur la pratique de tables rondes bilatérales, se réunissant à titre volontaire, entre des délégations dont la composition est déterminée par chaque État participant, pour traiter de questions touchant les droits de l’homme et les libertés fondamentales, selon un ordre du jour établi d’un commun accord et dans un esprit de respect mutuel et ce, pour renforcer davantage la compréhension et la coopération selon les dispositions de l’Acte final.
Ils décident de tenir une réunion d’experts des États participants sur les questions relatives au res- pect, dans leurs États, des droits de l’homme et des libertés fondamentales, sous tous leurs aspects, tels qu’énoncées dans l’Acte final. (…)
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Coopération dans les domaines de l’économie, de la science et de la technique, et de l’environnement (…)
Dans le contexte des dispositions de l’Acte final relatives au travail migrant en Europe,
les États participants notent que les développements récents de l’économie mondiale ont eu des répercussions sur la situation des travailleurs migrants. A cet égard, les États participants expri- ment le vœu que pays d’accueil et pays d’origine, guidés par un esprit d’intérêt mutuel et de coo- pération, intensifient leurs contacts afin d’améliorer encore la situation générale des travailleurs migrants et de leurs familles, entre autres en ce qui concerne la protection de leurs droits humains, y compris leurs droits économiques, sociaux et culturels, en prenant spécialement en considéra- tion les problèmes particuliers des travailleurs migrants de la deuxième génération. Ils s’efforce- ront aussi d’assurer ou de promouvoir, lorsqu’il existe une demande raisonnable, un enseignement adéquat de la langue et de la culture des pays d’origine.
Les États participants recommandent qu’entre autres mesures visant à favoriser la réinsertion éco- nomique et sociale des travailleurs migrants regagnant leurs pays d’origine, soit assuré, par des moyens législatifs appropriés ou des accords réciproques, le paiement des pensions acquises ou prévues dans le cadre du système de sécurité sociale auquel ces travailleurs ont été admis dans le pays d’accueil (...)
Coopération dans les domaines humanitaires et autres
Les États participants,
Rappelant les parties introductives du chapitre de l’Acte final sur la Coopération dans les domaines humanitaires et autres, y compris celles relatives au développement de la compréhension mutuelle entre eux et de la détente, ainsi que celles relatives à l’accroissement des échanges dans les domaines de la culture et de l’éducation, à une plus large diffusion de l’information, aux contacts entre les personnes et à la solution des problèmes humanitaires,
Résolus à poursuivre et à accroître la coopération dans ces domaines et à parvenir à une utilisa- tion plus complète des possibilités qu’offre l’Acte final,
S’accordent dès maintenant à mettre en œuvre ce qui suit :
Contacts entre les personnes
Les États participants accorderont un traitement favorable aux demandes relatives à des contacts et à des rencontres régulières sur la base des liens de famille, à la réunion des familles et aux mariages entre citoyens d’États différents et se prononceront sur ces demandes dans le même esprit.
Ils se prononceront sur les demandes de rencontres familiales ayant un caractère d’urgence d’une manière aussi diligente que possible ; sur celles relatives à la réunion des familles et aux mariages entre citoyens d’États différents dans un délai de six mois, en règle générale, et sur celles relatives aux autres rencontres familiales dans des délais qui seront progressivement réduits.
Ils confirment que la présentation ou le renouvellement de demandes relatives à de tels cas n’en- traînera pas de modification des droits et obligations du requérant ou des membres de sa famille
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notamment en matière d’emploi, de logement, de statut de résidence, de soutien familial, de droit aux prestations sociales, économiques ou éducatives ou de tous autres droits et obligations décou- lant des lois et règlements de l’État participant concerné.
Les États participants fourniront les informations nécessaires sur les procédures à suivre par les requérants dans de tels cas ainsi que sur les règlements à observer et fourniront les formulaires appropriés aux requérants qui en feront la demande.
Ils abaisseront graduellement, là où cela est nécessaire, le montant des droits à verser au titre de ces demandes, y compris les frais de visas et de passeports, afin d’en ramener le montant à un niveau modéré par rapport au revenu mensuel moyen dans l’État participant considéré.
Le requérant sera informé d’une manière aussi diligente que possible de la décision qui aura été prise. En cas de refus, le requérant sera également informé de son droit à renouveler sa demande au terme d’un délai raisonnablement court.
Les États participants confirment qu’ils s’engagent à appliquer sans réserves les dispositions concer- nant les missions diplomatiques et les autres missions officielles et postes consulaires d’autres États participants, énoncées dans les conventions multilatérales et bilatérales pertinentes, et à faciliter le fonctionnement normal de ces représentations. L’accès des visiteurs à ces représentations sera garanti compte dûment tenu des impératifs indispensables à la sécurité de ces dernières.
Ils réaffirment en outre leur volonté de prendre, dans le cadre de leur compétence, des mesures rai- sonnables, y compris, dans les cas appropriés, les mesures de sécurité nécessaires propres à assurer le déroulement, dans des conditions satisfaisantes, d’activités organisées sur leur territoire dans le cadre de leur coopération mutuelle, telles que des manifestations sportives et culturelles, aux- quelles prennent part des ressortissants d’autres États participants.
Les États participants s’efforceront, dans les cas appropriés, d’améliorer, en tenant dûment compte des conventions ou accords multilatéraux ou bilatéraux pertinents, les conditions dans lesquelles l’assistance juridique, consulaire et médicale est prêtée aux ressortissants des autres États parti- cipants qui, pour des raisons d’ordre personnel ou professionnel, séjournent temporairement sur leur territoire.
Ils pousseront plus avant l’application des dispositions pertinentes de l’Acte final de sorte que les cultes, ainsi que les institutions et organisations religieuses, et leurs représentants puissent, dans le domaine de leur activité, développer entre eux des contacts et des rencontres et échanger des informations.
Les États participants encourageront les contacts et les échanges entre jeunes et favoriseront le déve- loppement de la coopération entre leurs associations de jeunesse. Ils seront favorables au dérou- lement, entre jeunes et entre organisations de jeunesse, de manifestations et activités éducatives et culturelles et d’autres manifestations et activités analogues. Ils favoriseront aussi l’étude des problèmes relatifs à la jeune génération. Les États participants encourageront le développement du tourisme individuel ou collectif des jeunes, lorsque cela est nécessaire sur la base d’arrange- ments, notamment en engageant les autorités compétentes en matière de transports et les organi- sations touristiques des États participants à accorder des prestations adéquates ou des avantages du genre de ceux qu’offrent les autorités ferroviaires participant au système « Inter-Rail ».
32 Madrid 1983
Information
Les États participants encourageront plus encore une diffusion plus libre et plus large de publica- tions imprimées, périodiques et non périodiques, importées d’autres États participants, ainsi qu’une augmentation du nombre des points où ces publications sont en vente au public. Ces publications seront en outre accessibles dans les salles de lecture de grandes bibliothèques publiques et d’éta- blissements similaires.
En particulier, pour faciliter l’amélioration de la diffusion de l’information écrite, les États parti- cipants encourageront les contacts et les négociations entre leurs firmes et organisations compé- tentes, en vue de conclure des accords et des contrats à long terme destinés à accroître les quantités et le nombre des titres de journaux et autres publications importés d’autres États participants. Ils jugent souhaitable que le prix de vente au détail des publications étrangères ne soit pas excessif par rapport à leur prix de vente dans leur pays d’origine.
Ils confirment leur intention, conformément aux dispositions pertinentes de l’Acte final, de déve- lopper davantage les possibilités d’abonnement offertes au public.
Ils favoriseront une expansion accrue de la coopération entre les mass media et entre leurs repré- sentants, en particulier entre les membres des rédactions des agences de presse, des journaux, des organismes de radio et de télévision et des sociétés cinématographiques. Ils encourageront un échange plus régulier de nouvelles, d’articles, de suppléments et d’émissions ainsi que l’échange de personnels de rédaction afin que ceux-ci approfondissent leur connaissance des pratiques res- pectives. Sur une base de réciprocité, ils amélioreront les services matériels et techniques offerts aux reporters de la radio et de la télévision accrédités à titre permanent ou temporaire. De plus, ils faciliteront les contacts directs entre journalistes, ainsi que les contacts établis dans le cadre d’or- ganisations professionnelles.
Ils donneront suite sans retard indu aux demandes de visa émanant de journalistes et ils réexami- neront dans des délais raisonnables les demandes rejetées. En outre, un journaliste désirant voyager pour des raisons personnelles et non pour effectuer un reportage bénéficiera du même traitement que tout autre visiteur provenant de son pays d’origine.
Ils accorderont aux correspondants permanents et aux membres de leur famille vivant avec eux des visas à entrées et sorties multiples valables un an.
Les États participants examineront la possibilité d’accorder, le cas échéant sur la base d’arrange- ments bilatéraux, l’accréditation et autres facilités connexes aux journalistes d’autres États parti- cipants accrédités à titre permanent dans des pays tiers.
Ils faciliteront les déplacements des journalistes d’autres États participants sur leurs territoires, notamment en prenant des mesures concrètes, là où cela s’avère nécessaire, pour leur accorder des possibilités de voyager d’une manière plus étendue, sauf dans les régions interdites pour des raisons de sécurité. Ils informeront les journalistes à l’avance, chaque fois que possible, au cas où de nouvelles régions seraient interdites pour des raisons de sécurité.
Ils permettront dans une plus grande mesure et, le cas échéant, dans de meilleures conditions, aux journalistes d’autres États participants d’établir et d’entretenir des contacts personnels et de com- muniquer avec leurs sources d’information.
33 Madrid 1983
Ils autoriseront, en règle générale, les journalistes de la radio et de la télévision, sur leur demande, à se faire accompagner par leurs propres techniciens du son et de l’image et à utiliser leur propre équipement.
De même, les journalistes pourront apporter de la documentation, y compris des notes et dossiers personnels, qui ne devront strictement servir qu’à des fins professionnelles.*
(…)
Les États participants faciliteront, là où cela est nécessaire, la création et le fonctionnement, dans leur capitale, de centres de presse ou d’institutions remplissant les mêmes fonctions, ouverts à la presse nationale et étrangère et équipés d’installations de travail appropriées pour cette dernière.
Ils envisageront en outre des voies et moyens nouveaux pour aider les journalistes d’autres États par- ticipants et pour leur permettre ainsi de régler les problèmes pratiques qui peuvent se poser à eux.
Coopération et échanges dans le domaine de la culture
Ils s’efforceront, en prenant des mesures appropriées, de mettre à la disposition des personnes, ins- titutions et organisations non gouvernementales intéressées, les informations pertinentes sur les possibilités offertes par les accords et programmes culturels bilatéraux, facilitant ainsi leur mise en œuvre effective.
Les États participants encourageront plus encore une diffusion plus large des livres, films et autres formes et moyens d’expression culturelle d’autres États participants et un accès plus large à ces mêmes œuvres ; à cet effet, ils amélioreront, par des moyens appropriés, sur des hases bilatérales et multilatérales, les conditions régissant l’échange international, commercial et non commer- cial de leurs biens culturels, notamment en abaissant progressivement les droits de douane appli- qués à ces biens.
Les États participants s’efforceront d’encourager la traduction, la publication et la diffusion des œuvres appartenant au domaine de la littérature et aux autres domaines d’activité culturelle en pro- venance des autres États participants, en particulier de celles produites dans des langues moins répandues, en facilitant la coopération entre les maisons d’édition, notamment par voie d’échanges de listes de livres signalés pour traduction et d’autres renseignements pertinents.
Ils contribueront au développement de contacts, de la coopération et de projets communs entre les États participants en ce qui concerne la protection, la préservation et l’inventaire du patrimoine et des monuments historiques et les relations entre l’homme, l’environnement et ce patrimoine ; ils expriment leur intérêt pour la possibilité de réunir une conférence intergouvernementale sur ces questions dans le cadre de l’UNESCO.
Les États participants encourageront leurs organismes de radiodiffusion et de télévision à développer davantage la présentation des réalisations culturelles et artistiques d’autres États participants, sur la base d’arrangements bilatéraux et multilatéraux entre lesdits organismes, prévoyant notamment des échanges d’informations sur les productions, la retransmission de spectacles et programmes
* A cet égard, il est entendu que l’importation de publications imprimées peut être assujettie à la réglementation locale qui sera appliquée en tenant dûment compte de la nécessité pour les journalistes de disposer d’un maté- riel de travail approprié.
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d’autres États participants, la réalisation de coproductions, l’invitation de chefs d’orchestre et réa- lisateurs ainsi que l’assistance mutuelle aux équipes de tournage des films culturels. (…)
Coopération et échanges dans le domaine de l’éducation
Les États participants feront en sorte de promouvoir la conclusion d’arrangements et d’accords gouvernementaux et non gouvernementaux dans les domaines de l’éducation et de la science, qui devront être exécutés avec la participation d’organismes éducatifs ou autres institutions compétentes.
Les États participants contribueront à améliorer davantage les échanges d’étudiants, d’enseignants et d’hommes de science, et l’accès de ceux-ci à leurs institutions éducatives, culturelles et scienti- fiques respectives, ainsi qu’aux sources publiques d’information, conformément aux lois et règle- ments en vigueur dans chaque pays. Dans ce contexte, ils faciliteront les déplacements d’hommes de science, enseignants et étudiants à l’intérieur de l’État d’accueil, et l’établissement par eux de contacts avec leurs collègues ; ils encourageront également les bibliothèques, établissements d’enseignement supérieur et autres institutions analogues se trouvant sur leur territoire à mettre des catalogues et listes de documents d’archives ouvertes à la disposition des hommes de science, enseignants et étudiants d’autres États participants.
Ils encourageront un échange d’informations plus régulier sur les programmes, cours et séminaires de formation scientifique à l’intention de jeunes scientifiques et faciliteront une participation accrue à ces activités de jeunes scientifiques venant de différents États participants. Ils inviteront les orga- nisations et institutions nationales et internationales appropriées à donner leur appui, dans les cas appropriés, à la réalisation de ces activités de formation. (…)
Les États participants favoriseront l’élargissement des possibilités d’enseigner et d’apprendre les langues européennes moins répandues ou étudiées. Ils stimuleront à cet effet, dans le cadre de leur compétence, l’organisation et la fréquentation de cours universitaires d’été et d’autres cours, l’oc- troi de bourses à des traducteurs, le renforcement des facultés de langues, y compris, si besoin est, la création de nouveaux moyens pour l’étude de ces langues.
Les États participants se déclarent prêts à intensifier l’échange, entre eux et au sein des organi- sations internationales compétentes, de matériel pédagogique, de manuels scolaires, de cartes, de bibliographies et autre matériel d’enseignement afin de promouvoir une meilleure connaissance mutuelle et de faciliter une présentation plus complète de leurs pays respectifs.
35 Document de la Conférence de Stockholm sur les mesures de confiance et de sécurité et sur le désarmement en Europe Stockholm 1986
(…)
Non-recours à la menace ou à l’emploi de la force (…)
(18) Les États participants soulignent leur engagement à l’égard de l’Acte final et la nécessité d’une mise en œuvre totale de toutes ses dispositions, ce qui fera progresser le processus d’amélioration de la sécurité et de développement de la coopération en Europe, contribuant par cela à la paix et à la sécurité internationales dans le monde entier.
(19) Ils soulignent leur engagement à l’égard de tous les principes de la Déclaration sur les prin- cipes régissant les relations mutuelles des États participants et déclarent qu’ils sont résolus à les respecter et à les mettre en pratique, indépendamment de leur système politique, économique ou social ainsi que de leur dimension, de leur situation géographique ou de leur niveau de dévelop- pement économique.
(20) Ces dix principes sont dotés d’une importance primordiale et, en conséquence, ils s’appliquent également et sans réserve, chacun d’entre eux s’interprétant en tenant compte des autres.
(21) Le respect et l’application de ces principes renforceront le développement de relations ami- cales et de la coopération entre les États participants dans tous les domaines couverts par les dis- positions de l’Acte final.
(22) Ils reconfirment leur engagement à l’égard du principe fondamental de l’égalité souveraine des États et soulignent que tous les États ont les mêmes droits et devoirs dans le cadre du droit international.
(23) Ils réaffirment l’importance universelle des droits de l’homme et des libertés fondamen- tales. Le respect et l’exercice effectif de ces droits et libertés sont des facteurs essentiels de la paix, de la justice et de la sécurité internationales, ainsi que du développement de relations amicales et de la coopération entre eux et entre tous les États, tel qu’énoncé dans la Déclaration sur les principes régissant les relations mutuelles des États participants.
(24) Ils réaffirment que, dans le contexte plus large de la sécurité dans le monde, la sécurité en Europe est étroitement liée à la sécurité dans la région méditerranéenne tout entière ; dans ce contexte, ils confirment leur intention de développer les relations de bon voisinage avec tous les États de la région,
36 Stockholm 1986
compte dûment tenu de la réciprocité, et en s’inspirant des principes contenus dans la Déclaration sur les principes régissant les relations mutuelles des États participants, de façon à promouvoir la confiance et la sécurité et à faire régner la paix dans la région conformément aux dispositions du chapitre de l’Acte final concernant la région méditerranéenne.
(25) Ils soulignent qu’il faut prendre des mesures fermes pour prévenir et combattre le terrorisme, y compris le terrorisme dans les relations internationales. Ils se déclarent résolus à prendre des mesures efficaces, tant au niveau national que par voie de coopération internationale, pour la pré- vention et l’élimination de tous les actes de terrorisme. Ils prendront toutes les mesures appro- priées pour empêcher que leur territoire ne soit utilisé pour préparer, organiser ou commanditer des activités terroristes. Cela concerne également des mesures visant à interdire sur leur territoire les activités illicites, y compris les activités subversives, de personnes, de groupes et d’organisa- tions qui sont les instigateurs d’actes de terrorisme, les organisent ou s’y livrent, y compris ceux dirigés contre d’autres États et leurs ressortissants.
37 Document de clôture de la Réunion de Vienne (Le Troisième réunion de la Conférence d’Helsinki)
Vienne 1989
(…)
Questions relatives à la sécurité en Europe
Les États participants se déclarent résolus à : • à tirer parti de l’évolution positive actuelle de leurs relations afin de faire de la détente un pro- cessus viable, global et véritable, de portée universelle ; • à assumer la responsabilité qui est la leur de mettre pleinement en œuvre les engagements énon- cés dans l’Acte final et dans les autres documents de la CSCE ; • à intensifier leurs efforts pour rechercher des solutions aux problèmes qui pèsent sur leurs rela- tions et pour renforcer les moyens de sauvegarder la paix et la sécurité internationales ; • à promouvoir la coopération et le dialogue entre eux, garantir l’exercice effectif des droits de l’homme et des libertés fondamentales, et faciliter les contacts et la communication entre les personnes ; • à accomplir de nouveaux efforts pour progresser davantage dans le renforcement de la confiance et de la sécurité, et promouvoir le désarmement.
Principes
(1) Les États participants réaffirment leur engagement à l’égard des dix principes de la Déclaration sur les principes régissant les relations mutuelles des États participants, contenue dans l’Acte final, et leur détermination à les respecter et à les mettre en pratique. Ils réaffirment que tous ces prin- cipes sont dotés d’une importance primordiale et que, en conséquence, ils s’appliquent également et sans réserve, chacun d’entre eux s’interprétant en tenant compte des autres.
(2) Ils soulignent que le respect et la pleine application de ces principes ainsi que la stricte obser- vation de tous les engagements de la CSCE qui en découlent sont politiquement très importants et indispensables à l’instauration de la confiance et de la sécurité, ainsi qu’au développement de leurs relations amicales et de leur coopération dans tous les domaines.
(3) Dans ce contexte, ils confirment qu’ils respecteront le droit de chacun d’entre eux de choisir et de développer librement son système politique, social, économique et culturel, ainsi que celui de déterminer ses lois, règlements, pratiques et politiques. Dans l’exercice de ces droits, ils veil- leront à ce que leurs lois, règlements, pratiques et politiques soient conformes à leurs obligations découlant du droit international et soient harmonisés avec les dispositions de la Déclaration sur les principes et les autres engagements pris dans le cadre de la CSCE.
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(4) Ils confirment également qu’en vertu du principe de l’égalité des droits des peuples et de leur droit à disposer d’eux-mêmes, et conformément aux dispositions pertinentes de l’Acte final, tous les peuples ont toujours le droit, en toute liberté, de déterminer, lorsqu’ils le désirent et comme ils le désirent, leur statut politique interne et externe, sans ingérence extérieure, et de poursuivre à leur gré leur développement politique, économique, social et culturel. (…)
(8) Les États participants condamnent sans réserve et jugent criminels, quels qu’en soient le lieu et les auteurs, tous les actes, méthodes et pratiques terroristes, y compris ceux qui menacent les relations amicales et la sécurité des États, et ils conviennent que le terrorisme ne peut être justi- fié en aucune circonstance.
(9) Ils se déclarent déterminés à œuvrer pour l’élimination du terrorisme tant bilatéralement que par la coopération multilatérale, en particulier dans des instances internationales telles que l’Or- ganisation des Nations Unies, l’Organisation de l’aviation civile internationale et l’Organisation maritime internationale, et conformément aux dispositions pertinentes de l’Acte final et du Docu- ment de clôture de Madrid.
(10) Convaincus de la nécessité de conjuguer des mesures prises au niveau national et une coopé- ration internationale renforcée, les États participants expriment leur intention : (10.1) – d’appliquer une politique de fermeté face aux exigences des terroristes ; (10.2) – de renforcer et développer leur coopération bilatérale et multilatérale pour prévenir et com- battre le terrorisme, ainsi que d’améliorer l’efficacité de la coopération existant au niveau bilatéral ou dans le cadre de groupes d’États, y compris, s’il y a lieu, par l’échange d’informations ; (10.3.) – d’empêcher sur leur territoire les activités illicites de personnes, groupes ou organisations qui fomentent, organisent ou perpètrent des actes de terrorisme ou subversifs, ou d’autres activités visant au renversement par la violence du gouvernement d’un autre État participant ; (10.4) – de prendre des mesures efficaces pour prévenir et combattre les actes de terrorisme visant des représentants diplomatiques ou consulaires et pour s’opposer à ceux qui constituent une vio- lation des Conventions de Vienne sur les relations diplomatiques et consulaires, en particulier des dispositions relatives aux privilèges et immunités diplomatiques et consulaires qu’elles contiennent ; (10.5) – d’assurer l’extradition ou la poursuite en justice de personnes impliquées dans des actes de terrorisme et de coopérer étroitement lorsqu’il y a conflit de compétence entre plusieurs États concernés, en agissant dans ces deux cas conformément aux accords internationaux pertinents ; (10.6) – d’envisager de devenir parties, s’ils ne l’ont pas encore fait, aux conventions internatio- nales pertinentes visant à combattre les actes de terrorisme ; (10.7) – de continuer à œuvrer dans les organismes internationaux appropriés en vue d’améliorer et d’élargir les mesures antiterroristes et de faire en sorte que les accords pertinents soient accep- tés et appliqués par un nombre d’États aussi grand que possible.
(11) Ils confirment qu’ils respecteront les droits de l’homme et les libertés fondamentales, y com- pris la liberté de pensée, de conscience, de religion ou de conviction pour tous, sans distinction de race, de sexe, de langue ou de religion. Ils confirment également l’importance universelle des droits de l’homme et des libertés fondamentales, dont le respect est un facteur essentiel de la paix, de la justice et de la sécurité nécessaires pour assurer le développement de relations amicales et de la coopération entre eux, comme entre tous les États.
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(12) Ils se déclarent déterminés à garantir l’exercice effectif des droits de l’homme et des libertés fondamentales qui participent tous de la dignité inhérente à la personne humaine et sont essen- tiels à son épanouissement libre et complet. Ils reconnaissent que les libertés et droits civils, poli- tiques, économiques, sociaux, culturels et autres, sont tous d’une importance capitale et doivent être pleinement mis en œuvre par tous les moyens appropriés.
(13) A cet égard, (13.1) – ils développeront leurs lois, règlements et politiques concernant les droits civils, politiques, économiques, sociaux, culturels et les autres droits de l’homme et libertés fondamentales, et les appliqueront de manière à assurer l’exercice effectif de ces droits et libertés ; (13.2) – ils envisageront d’adhérer, s’ils ne l’ont pas encore fait, aux instruments suivants : Pacte international relatif aux droits civils et politiques, Pacte international relatif aux droits écono- miques, sociaux et culturels, Protocole facultatif se rapportant au Pacte international relatif aux droits civils et politiques, et autres instruments internationaux pertinents ; (13.3) – ils publieront et diffuseront le texte de l’Acte final, du Document de clôture de Madrid, du présent document et de tous les instruments internationaux pertinents qui concernent les droits de l’homme, de telle sorte que ces documents soient disponibles dans leur intégralité, connus le plus largement possible et accessibles à tout un chacun sur leur territoire, en particulier par le réseau des bibliothèques publiques ; (13.4) – ils garantiront effectivement le droit de chacun de connaître ses droits et devoirs dans ce domaine et d’agir en conséquence, et, à cette fin, publieront et rendront accessibles toute la légis- lation, la réglementation et les procédures relatives aux droits de l’homme et aux libertés fonda- mentales ; (13.5) – ils respecteront le droit de leurs citoyens de contribuer activement, à titre individuel ou en association avec d’autres, à la promotion et à la protection des droits de l’homme et des liber- tés fondamentales ; (13.6) – ils encourageront l’étude, dans les écoles et autres établissements d’enseignement, de la pro- motion et de la protection des droits de l’homme et des libertés fondamentales ; (13.7) – ils garantiront à toutes les personnes se trouvant sur leur territoire et ressortissant à leur juridiction le respect des droits de l’homme et des libertés fondamentales, sans distinction aucune, notamment de race, de couleur, de sexe, de langue, de religion, d’opinion politique ou autre, d’ori- gine nationale ou sociale, de fortune, de naissance ou de toute autre situation ; (13.8) – ils veilleront à ce qu’aucune personne qui exerce, manifeste l’intention d’exercer ou cherche à exercer ces droits et libertés, ni aucun membre de sa famille, ne subisse de ce fait quelque dis- crimination que ce soit ; (13.9) – ils veilleront à ce que des recours effectifs et une information complète au sujet de ceux-ci soient à la disposition des personnes qui font valoir qu’il y a eu violation des droits de l’homme et des libertés fondamentales à leur endroit ; entre autres, ils leur donneront effectivement la pos- sibilité de se prévaloir : • du droit de chacun de présenter un recours devant des organes exécutifs, législatifs, judiciaires ou administratifs ; • du droit d’être entendues équitablement et publiquement, dans un délai raisonnable, par un tri- bunal indépendant et impartial, et entre autres d’y invoquer des arguments juridiques et d’y être représentées par l’avocat de leur choix ; • du droit d’être promptement et officiellement informées de la suite donnée a tout appel, y com- pris des motifs juridiques sur lesquels se fonde la décision. Cette information sera communiquée
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en règle générale par écrit et, en tout état de cause, d’une façon qui permette à l’intéressé d’uti- liser effectivement d’autres voies de recours disponibles.
(14) Les États participants reconnaissent que la promotion des droits économiques, sociaux et cultu- rels, ainsi que celle des droits civils et politiques, est d’une importance capitale pour la dignité humaine et pour l’aboutissement des aspirations légitimes de chacun. Ils continueront donc leurs efforts en vue d’assurer progressivement le plein exercice des droits économiques, sociaux et cultu- rels par tous les moyens appropriés, y compris en particulier par l’adoption de mesures législatives. A cet égard, ils accorderont une attention particulière aux problèmes de l’emploi, du logement, de la sécurité sociale, de la santé, de l’éducation et de la culture.
Ils favoriseront un progrès constant dans l’exercice de tous les droits et de toutes les libertés à l’in- térieur de leurs frontières, ainsi que dans le développement des relations qu’ils entretiennent entre eux et avec d’autres États de façon que tout un chacun jouisse effectivement et pleinement de ses droits économiques, sociaux et culturels, ainsi que de ses droits civils et politiques.
(15) Les États participants confirment leur détermination de garantir l’égalité des droits entre l’homme et la femme. En conséquence, ils prendront toutes les mesures nécessaires, y compris des mesures législatives, pour promouvoir une participation également effective des hommes et des femmes à la vie politique, économique, sociale et culturelle. Ils examineront la possibilité d’adhé- rer à la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes, s’ils ne l’ont pas encore fait.
(16) Afin d’assurer la liberté de tout un chacun de professer et pratiquer une religion ou une convic- tion, les États participants, entre autres, (16.1) – prendront des mesures efficaces pour empêcher et éliminer toute discrimination fondée sur la religion ou la croyance, à l’encontre d’individus ou de communautés, s’agissant de la recon- naissance, de l’exercice et de la jouissance des droits de l’homme et des libertés fondamentales dans tous les domaines de la vie civile, politique, économique, sociale et culturelle, et assureront l’égalité effective des croyants et des non-croyants ; (16.2) – favoriseront un climat de tolérance et de respect mutuels entre les croyants de communau- tés différentes, ainsi qu’entre croyants et non-croyants ; (16.3) – accorderont, sur leur demande, aux communautés de croyants pratiquant ou s’apprêtant à pratiquer leur foi dans le cadre constitutionnel de leur État, la reconnaissance du statut prévu à leur intention dans leur pays ; (16.4) – respecteront le droit de ces communautés : • à établir et entretenir des lieux de culte ou de réunion librement accessibles, • à s’organiser conformément à leur propre structure hiérarchique et institutionnelle, • à choisir, nommer et remplacer leur personnel conformément à leurs besoins et règles propres, ainsi qu’à tout arrangement librement conclu entre elles et l’État, • à solliciter et recevoir des contributions volontaires, qu’elles soient financières ou autres ; (16.5) – engageront des consultations avec les cultes, ainsi qu’avec les institutions et organisations religieuses, pour parvenir à une meilleure compréhension des exigences de la liberté religieuse ; (16.6) – respecteront le droit de tout un chacun de dispenser et de recevoir une éducation religieuse dans la langue de son choix, à titre individuel ou en association avec d’autres ; (16.7) – respecteront, à cet égard, entre autres, la liberté des parents d’assurer l’éducation religieuse et morale de leurs enfants conformément à leurs propres convictions ;
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(16.8) – autoriseront la formation d’un personnel religieux dans des établissements appropriés ; (16.9) – respecteront le droit de chaque croyant et des communautés de croyants d’acquérir, de pos- séder et d’utiliser des livres sacrés, des publications religieuses dans la langue de leur choix, ainsi que d’autres objets liés à la pratique d’une religion ou d’une conviction ; (16.10) – autoriseront les cultes, ainsi que les institutions et organisation religieuses, à produire, importer et disséminer publications et objets religieux ; (16.11) – considéreront favorablement l’intérêt de communautés de croyants à participer au dia- logue public, y compris par l’intermédiaire des moyens d’information.
(17) Les États participants reconnaissent que l’exercice des droits mentionnés ci-dessus concernant la liberté religieuse ou de conviction ne peut faire l’objet que des restrictions qui sont prévues par la loi et compatibles avec les obligations qu’ils assument conformément au droit international et avec leurs engagements internationaux. Dans leur législation et leur réglementation et dans l’applica- tion de celles-ci, ils assureront l’exercice intégral et effectif de la liberté de pensée, de conscience, de religion ou de conviction.
(18) Les États participants feront des efforts soutenus pour mettre en œuvre les dispositions de l’Acte final et du Document de clôture de Madrid relatives aux minorités nationales. Ils prendront toutes les mesures nécessaires sur les plans législatif, administratif, judiciaire et autres, et appliqueront les instruments internationaux pertinents par lesquels ils peuvent être liés, pour assurer la pro- tection des droits de l’homme et des libertés fondamentales en faveur des personnes appartenant à des minorités nationales sur leur territoire. Ils s’abstiendront de toute discrimination à l’encontre de ces personnes et favoriseront leurs intérêts et aspirations légitimes dans le domaine des droits de l’homme et des libertés fondamentales.
(19) Ils protégeront les identités ethnique, culturelle, linguistique et religieuse des minorités natio- nales sur leur territoire et créeront des conditions propices à la promotion de ces identités. Ils res- pecteront le libre exercice par les personnes appartenant à ces minorités de leurs droits et feront en sorte qu’elles jouissent d’une pleine égalité avec les autres.
(20) Les États participants respecteront pleinement le droit de chacun • de circuler librement et de choisir sa résidence à l’intérieur des frontières de chaque État, et • de quitter tout pays, y compris le sien, et de revenir dans son pays.
(21) Les États participants veilleront à ce que l’exercice des droits mentionnés ci-dessus ne soit l’ob- jet de restrictions que si celles-ci sont prévues par la loi et compatibles avec les obligations qu’ils assument conformément au droit international, en particulier au Pacte international relatif aux droits civils et politiques, et avec leurs engagements internationaux, en particulier la Déclaration universelle des droits de l’homme. Ces restrictions auront un caractère exceptionnel. Les États participants feront en sorte qu’elles ne soient appliquées ni de façon abusive ni de façon arbitraire, mais de telle sorte que l’exercice effectif de ces droits soit garanti.
(22) A cet égard, ils autoriseront tous les réfugiés qui le désirent à retourner chez eux en toute sécurité.
(23) Les États participants, (23.1) – veilleront à ce que nul ne fasse l’objet d’une arrestation, d’une détention ou d’un exil arbi- traires ;
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(23.2) – veilleront à ce que toutes les personnes détenues ou incarcérées soient traitées avec huma- nité et avec le respect inhérent à la dignité de la personne humaine ; (23.3) – respecteront l’Ensemble de règles minima des Nations Unies pour le traitement des déte- nus, ainsi que le Code de conduite de l’ONU pour les responsables de l’application des lois ; (23.4) – interdiront la torture et les autres peines ou traitements cruels, inhumains ou dégradants, et prendront des mesures efficaces sur les plans législatif, administratif, judiciaire et autres pour prévenir et réprimer de telles pratiques ; (23.5) – envisageront d’adhérer à la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants, s’ils ne l’ont pas encore fait ; (23.6) – protégeront les personnes contre toute pratique psychiatrique ou autres pratiques médi- cales qui violent les droits de l’homme et les libertés fondamentales, et prendront des mesures effi- caces pour prévenir et réprimer de telles pratiques.
(24) Issant de la question de la peine de mort, les États participants notent que, dans un certain nombre d’entre eux, la peine capitale a été abolie. Dans les États participants où elle ne l’a pas été, cette peine ne peut être prononcée que pour les crimes les plus graves, conformément à la légis- lation qui était en vigueur au moment où le crime a été commis et qui ne doit pas être contraire à leurs engagements internationaux. La question de la peine de mort restera à l’étude. A cet égard, les États participants coopéreront au sein des organisations compétentes.
(25) En vue de développer la compréhension et la confiance mutuelles, d’encourager des relations amicales et de bon voisinage, de renforcer la paix, la sécurité et la justice internationales, et d’amé- liorer la mise en œuvre des engagements qu’ils ont pris dans le cadre de la CSCE, les États partici- pants intensifieront encore la coopération et le dialogue entre eux dans tous les domaines et à tous les niveaux sur la base d’une pleine égalité. Ils s’accordent à reconnaître que le plein respect et l’ap- plication intégrale des principes, ainsi que la mise en œuvre des autres dispositions de la CSCE, amélioreront leurs relations et feront progresser leur coopération. Ils s’abstiendront de tout acte incompatible avec les dispositions de l’Acte final et des autres documents de la CSCE dont ils recon- naissent qu’il nuirait à leurs relations mutuelles et entraverait le développement de leur coopération.
(26) Ils confirment que les gouvernements, les institutions, les organisations et les personnes ont un rôle propre et positif à jouer en contribuant à la réalisation des objectifs de leur coopération et à la mise en œuvre intégrale des dispositions de l’Acte final. A cette fin, ils respecteront le droit des personnes d’observer et promouvoir l’application des dispositions de la CSCE et de s’associer avec d’autres dans ce but. Ils faciliteront les contacts directs et la communication entre ces personnes, ces institutions et ces organisations à l’intérieur de leurs frontières et entre eux, et élimineront, lorsqu’ils existent, les obstacles juridiques et administratifs incompatibles avec les dispositions de la CSCE. Ils faciliteront aussi l’accès à l’information sur la mise en œuvre des dispositions de la CSCE et la libre expression d’opinions sur ces questions. (…)
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Coopération dans les domaines de l’économie, de la science et de la technique, et de l’environnement (…)
Coopération dans d’autres secteurs
(40) Les États participants soulignent qu’il importe de mettre effectivement en œuvre les dispo- sitions de l’Acte final et du Document de clôture de Madrid relatives aux travailleurs migrants et à leurs familles en Europe. Ils invitent les pays d’accueil et les pays d’origine à faire des efforts pour améliorer davantage les conditions économiques, sociales et culturelles, et les autres conditions de vie des travailleurs migrants et de leurs familles séjournant légalement dans les pays d’accueil. Ils recommandent que pays d’accueil et pays d’origine intensifient leur coopération bilatérale dans les domaines pertinents de manière à faciliter la réinsertion des travailleurs migrants et de leurs familles lors du retour au pays d’origine.
(41) Conformément aux engagements pertinents qu’ils ont pris dans l’Acte final et le Document de clôture de Madrid, ils examineront favorablement les demandes de réunion des familles et de visites et contacts familiaux concernant les travailleurs migrants originaires d’autres États parti- cipants et séjournant légalement dans le pays d’accueil.
(42) Ils veilleront à ce que les travailleurs migrants originaires d’autres pays participants et leurs familles puissent librement jouir de leur culture nationale et la préserver, tout en ayant accès à celle du pays hôte.
(43) Dans le but de garantir aux enfants des travailleurs migrants les mêmes chances qu’aux enfants de leurs propres nationaux d’accéder à l’éducation sous toutes ses formes et à tous les niveaux, les États participants se déclarent prêts à prendre les mesures nécessaires pour permettre une meil- leure utilisation et une amélioration des possibilités d’éducation. En outre, ils encourageront ou faciliteront, en cas de demande raisonnable, la possibilité, pour les enfants de travailleurs migrants, de recevoir un enseignement complémentaire dispensé dans leur langue maternelle.
(44) Ils reconnaissent que les questions relatives aux travailleurs migrants ont une dimension humaine.
(45) Les États participants reconnaissent que l’incidence de l’évolution économique et technique est vivement ressentie sur les lieux de travail. Ils soulignent qu’ils sont prêts à encourager la coopé- ration en matière de politique de formation professionnelle par un échange accru d’informations et de données d’expérience en vue d’améliorer le niveau d’instruction, les connaissances profes- sionnelles, les compétences et l’adaptabilité du personnel employé dans l’industrie et le commerce.
(46) Les États participants reconnaissent qu’il importe de faciliter l’insertion des jeunes dans la vie professionnelle. Aussi poursuivront-ils leurs efforts pour assurer les conditions nécessaires à l’édu- cation et à la formation professionnelle des jeunes, et favoriser, dans divers secteurs de l’écono- mie, les possibilités d’emploi pour les jeunes. Ils poursuivront également leurs efforts pour créer les conditions permettant à leurs citoyens, en particulier quand ce sont des jeunes, d’élargir leurs connaissances scientifiques et culturelles, et de leur faciliter l’accès à des réalisations accomplies dans les domaines des sciences naturelles, des sciences sociales et de la culture. (…)
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Coopération dans les domaines humanitaires et autres
Les États participants,
Considérant que la coopération dans les domaines humanitaires et autres est un facteur essentiel du développement de leurs relations,
Convenant que leur coopération dans ces domaines devrait se poursuivre dans le plein respect des principes régissant les relations des États participants, tels qu’ils sont énoncés dans l’Acte final, ainsi que des dispositions du Document de clôture de Madrid et du présent document relatives à ces principes,
Confirmant que, lors de la mise en œuvre, dans le cadre de leurs lois et règlements, des disposi- tions concernant la coopération dans les domaines humanitaires et autres, ils veilleront à ce que ces lois et règlements soient conformes aux obligations qui leur incombent en vertu du droit inter- national et harmonisés avec les engagements pris dans le cadre de la CSCE,
Reconnaissant que la mise en œuvre des dispositions pertinentes de l’Acte final et du Document de clôture de Madrid exige des efforts continus et accrus,
Ont adopté et mettront en œuvre ce qui suit :
Contacts entre les personnes
(1) En mettant en œuvre les dispositions de l’Acte final, du Document de clôture de Madrid et du présent document relatives aux contacts entre les personnes, ils respecteront pleinement les obli- gations qui leur incombent conformément au droit international, telles qu’elles sont mentionnées dans le sous-chapitre du présent document relatif aux principes, en particulier le respect de la liberté de chacun de quitter tout pays, y compris le sien, et de revenir dans son pays, ainsi que leurs enga- gements internationaux dans ce domaine.
(2) Ils veilleront à ce que leurs politiques concernant l’entrée sur leur territoire soient en parfait accord avec les objectifs définis dans les dispositions pertinentes de l’Acte final, du Document de clôture de Madrid et du présent document.
(3) Ils prendront les mesures nécessaires pour trouver dans un délai aussi bref que possible—mais en tout état de cause n’excédant pas six mois—des solutions à toutes les demandes fondées sur les dispositions de l’Acte final et du Document de clôture de Madrid relatives aux contacts entre les personnes, qui seront encore en suspens à la conclusion de la Réunion de Vienne tenue dans le cadre des Suites de la Conférence.
(4) Ils procéderont par la suite à des examens réguliers afin de garantir que toutes les demandes fon- dées sur les dispositions de l’Acte final et des autres documents de la CSCE susmentionnés relatives aux contacts entre les personnes, soient examinées d’une manière conforme aux dites dispositions.
(5) Ils se prononceront le plus rapidement possible, en règle générale dans un délai d’un mois, sur les demandes de rencontres familiales, conformément à l’Acte final et aux autres documents de la CSCE susmentionnés.
(6) Ils se prononceront de la même manière sur les demandes de réunion des familles ou de mariage entre citoyens d’États différents, en règle générale dans un délai de trois mois.
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(7) Lorsqu’ils examineront favorablement des demandes de rencontres familiales, ils tiendront dûment compte des souhaits du requérant, en particulier en ce qui concerne les dates et la durée— suffisamment longue—prévues pour de telles rencontres, ainsi que la possibilité pour lui de s’y rendre accompagné de membres de sa famille.
(8) Lorsqu’ils examineront favorablement les demandes de rencontres familiales, ils autoriseront également les visites à des parents plus éloignés et les visites de ceux-ci.
(9) Lorsqu’ils examineront favorablement les demandes de réunion des familles ou de mariage entre citoyens d’États différents, ils respecteront les souhaits des requérants en ce qui concerne le pays de destination disposé à les accueillir.
(10) Ils porteront une attention particulière à la solution des problèmes concernant la réunion d’en- fants mineurs à leurs parents. A cet égard, en se fondant sur les dispositions pertinentes de l’Acte final et des autres documents de la CSCE susmentionnés, ils veilleront à ce que • les demandes en ce sens présentées pendant la minorité des enfants soient examinées favorable- ment et avec diligence de telle sorte que la réunion de la famille ait lieu sans retard ; et • des dispositions appropriées soient prises pour protéger les intérêts et le bien-être des enfants concernés.
(11) Ils examineront les possibilités de réduire progressivement et, par la suite, d’éliminer toute obligation qui pourrait exister pour les voyageurs d’acquérir en monnaie locale des sommes supé- rieures à leurs dépenses réelles, en donnant la priorité sur ce point aux personnes qui voyagent pour participer à une rencontre familiale. Ils leur accorderont la possibilité, dans la pratique, d’ap- porter ou d’emporter des objets personnels ou des cadeaux.
(12) Ils examineront sans délai les demandes d’autorisation de voyage pour des raisons humani- taires urgentes et les traiteront favorablement comme suit : • Dans les cas de visites à un membre de la famille gravement malade ou mourant, de voyages pour assister aux obsèques d’un membre de la famille ou de voyages pour suivre un traitement médical, quand il est prouvé que le patient en a un besoin urgent ou établi qu’il est entré dans une phase critique ou terminale de sa maladie, ils se prononceront dans un délai de trois jours ouvrables. • Dans les cas de voyages de personnes gravement malades ou âgées ou d’autres voyages pour des raisons humanitaires urgentes, ils se prononceront aussi rapidement que possible. • Ils veilleront à ce que les autorités locales, régionales et centrales chargées d’appliquer les dis- positions susmentionnées intensifient leurs efforts et à ce que les droits perçus pour examiner ces demandes de façon prioritaire ne soient pas supérieurs aux coûts effectivement supportés.
(13) Lors de l’examen des demandes de voyage pour des rencontres familiales, pour la réunion de familles ou pour des mariages entre citoyens d’États différents, ils veilleront à ce qu’aucun acte ni aucune omission de membres de la famille du requérant ne lèse les droits de ce dernier, tels qu’ils sont énoncés dans les instruments internationaux pertinents.
(14) Ils veilleront à ce que tous les documents nécessaires pour les demandes fondées sur les dispositions relatives aux contacts entre les personnes figurant dans l’Acte final et des autres documents de la CSCE susmentionnés soient aisément accessibles au requérant. Ces documents resteront valables pendant toute la procédure d’examen de la demande. En cas de renouvellement de la demande, les documents déjà présentés par le requérant à l’occasion de demandes précé- dentes seront pris en considération.
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(15) Ils simplifieront les procédures et réduiront progressivement le nombre des prescriptions admi- nistratives applicables aux demandes fondées sur les dispositions relatives aux contacts entre les personnes figurant dans l’Acte final et les autres documents de la CSCE susmentionnés.
(16) Lorsque les demandes fondées sur les dispositions relatives aux contacts entre les personnes figurant dans l’Acte final et les autres documents de la CSCE susmentionnés sont refusées pour des motifs prévus dans les instruments internationaux pertinents, ils veilleront à ce que le requé- rant reçoive promptement une notification officielle écrite des motifs de la décision de refus. En règle générale—et chaque fois qu’il le sollicitera—, le requérant sera informé de façon adéquate de la procédure à suivre pour introduire, par la voie administrative ou judiciaire, tout recours efficace dont il dispose en vertu des instruments internationaux susmentionnés. En cas de départ en vue d’un établissement permanent à l’étranger, ces informations seront communiquées avec la notification officielle prévue ci-dessus.
(17) Lorsque, dans ces circonstances, une demande de voyage à l’étranger présentée par une per- sonne aura été rejetée pour des raisons de sécurité nationale, ils veilleront à ce que, dans des délais strictement justifiés, toute restriction concernant le voyage de cette personne soit aussi brève que possible et qu’elle n’ait aucun caractère arbitraire. Ils veilleront également à ce que le requérant obtienne que le refus soit reconsidéré dans un délai de six mois, et ensuite, en cas de besoin, à inter- valles réguliers afin que toute modification des circonstances ayant entraîné le refus—comme, par exemple, le temps écoulé depuis que le requérant a exercé pour la dernière fois, à titre profes- sionnel ou pour des raisons de service, des activités relevant de la sécurité nationale—soit prise en considération. Avant que des personnes n’exercent de telles activités, on leur fera officiellement savoir si et en quoi cela peut influer sur la suite donnée aux demandes qu’elles pourraient présen- ter en vue de tels voyages.
(18) Ils publieront et rendront facilement accessibles dans l’année qui suivra la clôture de la Réu- nion de Vienne, si cela n’a pas déjà été fait, toutes les dispositions législatives et réglementaires rela- tives aux déplacements de personnes sur leur territoire et aux voyages entre États.
(19) Ils examineront favorablement les demandes fondées sur les dispositions relatives aux contacts entre les personnes figurant dans l’Acte final et les autres documents de la CSCE susmentionnés en veillant à ce que ces demandes soient traitées
en temps voulu afin, entre autres, que des considérations familiales, personnelles ou profession- nelles qui sont importantes pour le requérant puissent être dûment prises en considération.
(20) Ils examineront favorablement les demandes de voyage à l’étranger sans distinction aucune, notamment de race, de couleur, de sexe, de langue, de religion, d’opinion politique ou de toute autre opinion, d’origine nationale ou sociale, de fortune, de naissance, d’âge ou de toute autre situation. Ils veilleront à ce qu’aucun refus n’influe sur la suite donnée aux demandes présentées par d’autres personnes.
(21) Ils faciliteront encore davantage les voyages individuels ou collectifs entrepris pour des raisons personnelles, professionnelles ou touristiques, tels que les voyages de délégations, de groupes ou de particuliers. A cet effet, ils réduiront au minimum le délai d’examen des demandes de voyage de ce type.
(22) Ils examineront avec une attention particulière les propositions visant à la conclusion d’ac- cords sur la délivrance de visas valables pour plusieurs entrées et la simplification réciproque des
47 Vienne 1989
formalités de délivrance de visas. Ils examineront également les possibilités de supprimer sur une base de réciprocité, à la suite d’accords conclus entre eux, l’obligation des visas d’entrée.
(23) Ils examineront la possibilité d’adhérer aux instruments multilatéraux pertinents et, s’il y a lieu, de conclure des accords bilatéraux, complémentaires ou autres, afin d’améliorer les dis- positions destinées à assurer une assistance consulaire, juridique et médicale efficace aux citoyens d’autres États participants séjournant sur leur territoire à titre temporaire.
(24) Ils prendront toute mesure nécessaire pour que, si ce n’est pas déjà le cas, les citoyens d’autres États participants séjournant à titre temporaire sur leur territoire pour des raisons d’ordre person- nel ou professionnel, entre autres pour participer à des activités culturelles, scientifiques et éduca- tives, bénéficient d’une sécurité personnelle convenable.
(25) Ils faciliteront et encourageront par des voyages entre États et par d’autres moyens de com- munication l’établissement et le maintien de contacts personnels directs entre leurs citoyens, ainsi qu’entre les représentants de leurs institutions et organisations.
(26) Ils faciliteront de tels contacts et une telle coopération entre leurs peuples grâce à des mesures prévoyant notamment des échanges directs dans le domaine des sports aux niveaux local et régional, la conclusion et la mise en œuvre sans entrave d’accords de jumelage entre villes, et des échanges d’étudiants et d’enseignants.
(27) Ils encourageront le renforcement des contacts directs entre les jeunes et entre les organisations et associations de jeunes et d’étudiants, qu’elles soient gouvernementales ou non gouvernemen- tales ; la conclusion entre de telles organisations d’accords et de programmes bilatéraux et multi- latéraux ; et l’organisation, sur une base bilatérale et multilatérale, de manifestations et activités éducatives, culturelles et autres par et pour les jeunes.
(28) Ils poursuivront leurs efforts visant à faciliter les voyages et le tourisme des jeunes, entre autres en recommandant à leurs organismes de transport ferroviaire membres de l’Union internationale des chemins de fer (UIC) d’étendre à tous les réseaux européens le système « Inter-Rail », et en recom- mandant à ceux qui ne sont pas membres de l’UIC d’envisager la création d’un système analogue.
(29) Conformément à la Convention postale universelle et à la Convention internationale des télé- communications, • ils garantiront la liberté des communications postales ; • ils veilleront à ce que le courrier y compris la correspondance et les colis privés-soit distribué rapidement et sans entrave ; • ils respecteront en outre le caractère privé et l’intégralité des communications postales et télé- phoniques ; et • ils veilleront à ce que soient réunies les conditions nécessaires à l’établissement de communica- tions téléphoniques rapides et ininterrompues, y compris à l’utilisation, là où ils existent, de cir- cuits automatiques internationaux, et à leur extension.
(30) Ils encourageront les contacts personnels directs entre leurs citoyens respectifs, y compris en facilitant les voyages individuels sur leur territoire et en permettant aux étrangers de rencon- trer leurs citoyens et de séjourner chez eux, lorsqu’ils y ont été invités.
(31) Ils veilleront à ce que les personnes appartenant aux minorités nationales ou aux cultures régionales sur leur territoire aient un statut égal à celui des autres citoyens conformément aux
48 Vienne 1989
dispositions relatives aux contacts entre les personnes de l’Acte final et des autres documents de la CSCE susmentionnés, et à ce qu’elles puissent établir et maintenir de tels contacts par des voyages et d’autres moyens de communication, y compris des contacts avec des citoyens d’autres États qui ont une origine nationale ou un patrimoine culturel communs.
(32) Ils permettront aux croyants, aux cultes et à leurs représentants d’établir et de maintenir, col- lectivement ou individuellement, des contacts personnels directs, ainsi que des communications entre eux dans leur propre pays et à l’étranger, y compris par des voyages, des pèlerinages et la par- ticipation à des assemblées et à d’autres manifestations religieuses. Dans ce contexte, et en rapport avec ces contacts et ces manifestations, les intéressés seront autorisés à acquérir, recevoir et trans- porter des publications et des objets religieux liés à la pratique de leur religion ou de leur croyance.
(33) Les États participants ont entendu des comptes rendus de la Réunion d’ experts sur les contacts entre les personnes tenue à Berne du 15 avril au 26 mai 1986. Ils ont noté que cette Réunion n’a abouti à aucune conclusion et ils ont estimé que la franchise des débats et le caractère plus ouvert qui y a marqué les échanges de vues constituent des progrès appréciables. A cet égard, ils se sont féli- cités de ce que les propositions faites à la Réunion aient donné lieu à un examen plus approfondi à la Réunion de Vienne tenue dans le cadre des Suites de la Conférence.
Information
(34) Ils poursuivront leurs efforts pour contribuer à faire connaître et comprendre plus large- ment encore la manière dont vivent leurs peuples et renforcer ainsi la confiance entre les peuples.
Ils poursuivront leurs efforts pour faciliter une diffusion plus libre et plus large d’informations de toutes sortes, encourager la coopération dans le domaine de l’information et améliorer les condi- tions de travail des journalistes.
A cet égard, ils veilleront, conformément au Pacte international relatif aux droits civils et politiques, à la Déclaration universelle des droits de l’homme et à leurs engagements internationaux perti- nents concernant la recherche, la réception et la communication d’informations de toutes sortes, à ce que les individus puissent choisir librement leurs sources d’information.
A cet égard, • ils veilleront à ce que la réception des émissions radiophoniques conformes aux Règlements des radiocommunications de l’UIT puisse se faire directement et normalement ; et • ils permettront aux individus, aux institutions et aux organisations—tout en respectant les droits relatifs à la propriété intellectuelle, y compris les droits d’auteur—d’obtenir, de posséder, de repro- duire et de diffuser des informations de toutes sortes, quel qu’en soit le support.
A ces fins, ils supprimeront toutes les restrictions inconciliables avec les obligations et engage- ments précités
(35) Ils utiliseront toutes les possibilités qu’offrent les moyens modernes de communication, y com- pris le câble et les satellites, de diffuser plus librement et plus largement des informations de toute nature. Ils encourageront également la coopération et les échanges entre leurs institutions, leurs organisations et leurs spécialistes dans le domaine de la technique, et travailleront à l’harmoni- sation des normes techniques. A cet égard, ils auront présents à l’esprit les effets de ces moyens de communication modernes sur leurs organes d’information.
49 Vienne 1989
(36) Ils veilleront dans la pratique à ce que des bulletins officiels d’information puissent être dis- tribués librement sur leur territoire par les missions diplomatiques et autres missions officielles, et par les postes consulaires des autres États participants.
(37) Ils encourageront les organismes de radiodiffusion et de télévision, sur la base d’arrange- ments conclus entre eux, à diffuser en direct, particulièrement dans les pays qui en assurent l’or- ganisation, des émissions et des débats avec des participants provenant d’États différents, ainsi qu’à diffuser des déclarations de personnalités politiques ou autres des États participants, et des entretiens avec celles-ci.
(38) Ils encourageront les organismes de radiodiffusion et de télévision à présenter des reportages sur les divers aspects de la vie dans les autres États participants et à accroître le nombre des émis- sions en duplex entre leurs pays.
(39) Rappelant que les journalistes ne sauraient être passibles d’expulsion ni pénalisés en aucune autre manière du fait de l’exercice légitime de leur activité professionnelle, les États participants s’abstiendront de prendre à leur encontre des mesures restrictives, comme celle qui consiste à reti- rer à un journaliste son accréditation ou à l’expulser en raison du contenu d’un reportage réalisé par lui ou diffusé par le moyen d’information qui l’emploie.
(40) Ils veilleront à ce que les journalistes, y compris ceux qui représentent des médias d’autres États participants, soient, dans l’exercice de leur activité professionnelle, libres de chercher à éta- blir et à maintenir des contacts avec des sources d’ information publiques et privées, et à ce que le caractère confidentiel de leurs activités professionnelles soit respecté.
(41) Ils respecteront les droits d’auteur des journalistes.
(42) Ils accorderont, le cas échéant sur la base d’accords conclus entre eux, et dans le but de per- mettre des reportages réguliers, l’accréditation, lorsqu’elle est exigée, et des visas valables pour plu- sieurs entrées à des journalistes d’autres États participants, quel que soit leur domicile. Au même titre, ils réduiront à un maximum de deux mois le délai de délivrance aux journalistes de leur accréditation et de visas valables pour plusieurs entrées.
(43) Ils faciliteront le travail des journalistes étrangers en fournissant, sur demande, des rensei- gnements pertinents d’ordre pratique en ce qui concerne, par exemple, les règlements en matière d’importation, de fiscalité et de logement.
(44) Ils veilleront à ce que les journalistes étrangers, après accréditation lorsque celle-ci est requise, puissent eux aussi avoir accès aux conférences de presse officielles et, le cas échéant, à d’autres ren- contres officielles analogues.
(45) Ils veilleront à ce que, dans la pratique, des personnes appartenant aux minorités nationales ou aux cultures régionales sur leur territoire puissent diffuser des informations dans leur langue maternelle, y avoir accès et les échanger. (…)
Coopération et échanges dans le domaine de la culture
(47) Ils s’engagent à promouvoir leur coopération culturelle et à lui donner plein effet, entre autres par la mise en œuvre de tous les accords bilatéraux et multilatéraux pertinents conclus entre eux dans les différents domaines de la culture.
50 Vienne 1989
(48) Ils encourageront les organisations non gouvernementales actives dans le domaine de la culture à participer, avec les organismes publics, à l’élaboration et à la mise en œuvre de ces accords et de projets particuliers, ainsi qu’à la mise au point de mesures pratiques concernant les échanges et la coopération dans le domaine culturel.
(49) Ils favoriseront, par des accords conclus entre eux, la création sur leur territoire d’instituts ou de centres culturels d’autres États participants. L’accès sans entrave du public à ces instituts ou centres ainsi que leur fonctionnement régulier seront garantis.
(50) Ils garantiront un accès sans entrave du public aux manifestations culturelles organisées sur leur territoire par des personnes ou des institutions d’autres États participants et ils veilleront à ce que les organisateurs puissent faire usage de tous les moyens disponibles dans les pays hôtes pour en informer le public.
(51) Ils faciliteront et encourageront les contacts directs entre les personnes dans le domaine de la culture, à titre individuel aussi bien que collectif, ainsi qu’entre les institutions culturelles, associations de créateurs et d’interprètes, et autres organisations, en vue de donner plus de possi- bilités à leurs citoyens d’acquérir une connaissance directe des œuvres culturelles sur leur propre territoire ou sur celui d’autres États participants.
(52) Ils assureront la circulation sans entrave des œuvres d’art et autres objets culturels, sous la seule réserve des restrictions visant à préserver leur patrimoine culturel, des restrictions qui sont fondées sur le respect des droits de propriété intellectuelle et artistique ou de celles qui découlent de leurs engagements internationaux relatifs à la circulation des biens culturels.
(53) Ils encourageront la coopération entre citoyens d’États participants différents œuvrant dans le domaine de la culture, ainsi que leurs entreprises artistiques conjointes, et ils faciliteront, comme il conviendra, les initiatives particulières prises à cette fin par eux et par des institutions et organisa- tions, et ils encourageront la participation des jeunes à de telles initiatives. De même, ils encourage- ront l’organisation de réunions et de colloques, d’expositions, de festivals et de tournées d’ensembles ou de compagnies, et la mise en œuvre de programmes de recherche et de formation, auxquels des personnes venues d’autres États participants seront elles aussi libres de participer et de contribuer.
(54) Le remplacement de personnes ou de groupes invités à participer à une activité culturelle aura un caractère exceptionnel et sera soumis à l’accord préalable de la partie invitante.
(55) Ils encourageront l’organisation de semaines cinématographiques incluant, le cas échéant, des réunions d’artistes et d’experts, et des conférences sur l’art cinématographique ; ils faciliteront et encourageront les contacts directs entre metteurs en scène et producteurs en vue de la copro- duction de films ; et ils encourageront la coopération en matière de protection du matériel filmé et l’échange d’informations et de publications techniques sur le cinéma.
(56) Ils examineront les possibilités d’informatiser sous une forme normalisée des bibliographies et des catalogues d’œuvres et de réalisations culturelles, et de les diffuser.
(57) Ils encourageront les musées et les galeries d’art à établir des contacts directs en vue, entre autres, d’organiser des expositions comportant des prêts d’œuvres d’art et d’échanger des catalogues.
(58) Ils redoubleront d’efforts pour donner effet à toutes les dispositions de l’Acte final et du Docu- ment de clôture de Madrid relatives aux langues les moins répandues. Ils encourageront égale- ment les initiatives visant à accroître le nombre et à améliorer la qualité des traductions d’œuvres
51 Vienne 1989
littéraires à partir de ces langues et vers ces langues, en particulier en organisant des ateliers avec la participation de traducteurs, d’auteurs et d’éditeurs, en publiant des dictionnaires et, si besoin est, en échangeant des traducteurs bénéficiant de bourses d’études.
(59) Ils veilleront à ce que les personnes appartenant aux minorités nationales ou aux cultures régionales sur leur territoire soient en mesure de conserver et de développer leur propre culture sous tous ses aspects, y compris la langue, la littérature et la religion, et qu’elles puissent préserver leurs monuments et objets culturels et historiques. (…)
(61) En tenant dûment compte de l’originalité et de la diversité de leurs cultures respectives, ils encourageront les efforts visant à déterminer les caractéristiques communes de leur patrimoine culturel et à faire mieux connaître celui-ci. Aussi encourageront-ils les initiatives susceptibles de contribuer à une meilleure connaissance du patrimoine culturel des autres États participants sous tous ses aspects, y compris régionaux et folkloriques. (…)
Coopération et échanges dans le domaine de l’éducation
(63) Ils garantiront à tous, sans distinction de race, de couleur, de sexe, de langue, de religion, d’opinion politique ou autre, d’origine nationale ou sociale, de fortune, de naissance ou de toute autre situation, l’accès aux différents types et niveaux d’éducation.
(64) Afin d’encourager une coopération plus large dans le domaine de la science et de l’éduca- tion, ils faciliteront des communications sans entrave entre les universités et autres institutions d’enseignement supérieur et de recherche. Ainsi que des contacts personnels directs—au moyen, entre autres, de voyages—entre spécialistes, scientifiques et autres personnes exerçant des activi- tés dans ce domaine.
(65) Ils veilleront également à ce que spécialistes, enseignants et étudiants des autres États parti- cipants puissent accéder sans entrave à la documentation disponible dans les archives publiques, les bibliothèques, les instituts de recherche et autres organismes similaires.
(66) Ils faciliteront les échanges d’écoliers d’un pays à l’autre, au besoin sur la base d’arrange- ments bilatéraux, comportant des rencontres avec des familles du pays hôte et des séjours dans ces familles, afin de familiariser les écoliers avec les modes de vie, les traditions et l’enseignement propres à d’autres États participants.
(67) Ils encourageront leurs services publics ou établissements d’enseignement compétents à ins- crire, le cas échéant, le texte intégral de l’Acte final au programme d’études des établissements d’enseignement et des universités.
(68) Ils veilleront à ce que les personnes qui appartiennent aux minorités nationales ou aux cultures régionales sur leur territoire puissent dispenser ou recevoir un enseignement portant sur leur propre culture, y compris en laissant les parents transmettre à leurs enfants leur langue, leur reli- gion et leur identité culturelle.
(69) Ils encourageront leurs organismes de radiodiffusion et de télévision à s’informer mutuel- lement des émissions éducatives qu’ils produisent et à examiner les possibilités de les échanger.
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(70) Ils encourageront les contacts directs et la coopération entre les institutions ou organisations gouvernementales compétentes dans le domaine de l’éducation et de la science.
(71) Ils encourageront la poursuite de la coopération et des contacts existant entre les institutions spécialisées et les experts dans le domaine de l’éducation et de la rééducation des enfants handicapés.
Dimension humaine de la CSCE
Les États participants,
Rappelant les engagements qu’ils ont contractés dans l’Acte final et dans d’autres documents de la CSCE en ce qui concerne le respect de tous les droits de l’homme et de toutes les libertés fon- damentales, les contacts entre les personnes et d’autres questions d’ordre humanitaire connexes,
Reconnaissant la nécessité d’améliorer la mise en œuvre de leurs engagements au titre de la CSCE et leur coopération dans ces domaines, désignés ci-après par l’expression « dimension humaine » de la CSCE,
Ont décidé, sur la base des principes et des dispositions de l’Acte final et des autres documents pertinents de la CSCE,
1. d’échanger des informations et de répondre aux demandes d’informations et aux représenta- tions qui leur sont faites par d’autres États participants sur des questions relatives à la dimension humaine de la CSCE. Ces communications peuvent être transmises par la voie diplomatique ou être adressées à tout service désigné à ces fins ;
2. de tenir des réunions bilatérales avec d’autres États participants qui le demandent, afin d’exa- miner des questions relatives à la dimension humaine de la CSCE, y compris des situations et des cas spécifiques, en vue de les résoudre. La date et le lieu de ces réunions seront fixés d’un commun accord par la voie diplomatique ;
3. que tout État participant qui le juge nécessaire peut porter des situations et des cas relevant de la dimension humaine de la CSCE, y compris ceux qui ont été soulevés aux réunions bilatérales visées au paragraphe 2, à l’attention d’autres États participants par la voie diplomatique ;
4. que tout État participant qui le juge nécessaire peut communiquer des données sur les échanges d’informations et sur les réponses à ses demandes d’informations et aux représentations qu’il a faites (paragraphe 1), ainsi que sur les résultats des réunions bilatérales (paragraphe 2), y com- pris des données sur des situations et des cas spécifiques, lors des réunions de suivi organisées dans le cadre de la CSCE et consacrées à la dimension humaine, et lors des réunions principales tenues dans le cadre des Suites de la CSCE. (…)
53 Rapport de la Réunion sur la protection de l’environnement Sofia 1989 (adoptée à Vienne 1990)
Les États participants réaffirment qu’ils respectent le droit des personnes, groupes et organisations qui s’occupent des problèmes relatifs à l’environnement d’exprimer librement leurs avis, de s’associer avec d’autres, de s’assembler pacifiquement, ainsi que d’obtenir, publier et diffuser des informations relatives à ces problèmes, sans se heurter à des obstacles juridiques et administratifs incompatibles avec les dispositions de la CSCE. Ces personnes, groupes et organisations ont le droit de partici- per à des débats publics sur les problèmes d’environnement, ainsi que d’établir et de garder des contacts directs et indépendants aux niveaux national et international.
54 Document de la Conférence de Bonn sur la Coopération économique en Europe Bonn 1990
(…) les États participants,
Reconnaissant le lien qui existe entre le pluralisme politique et les économies de marché et ayant souscrit aux principes concernant : • La démocratie pluripartite basée sur des élections libres, périodiques et honnêtes ; • La primauté du droit et l’égalité devant la loi pour tous, fondés sur le respect des droits de l’homme et sur des systèmes juridiques efficaces, accessibles et équitables ; • Une activité économique qui soutienne en conséquence la dignité humaine, qui exclue le travail forcé et la discrimination à l’encontre des travailleurs pour des raisons de race, de sexe, de langue, d’opinion politique ou de religion, et qui ne dénie pas aux travailleurs le droit de créer librement des syndicats indépendants ou d’y adhérer,
S’efforceront d’atteindre ou de poursuivre les objectifs suivants : (…) (…) • Des politiques qui favorisent la justice sociale et améliorant les conditions de vie de travail ; (…) • La reconnaissance et la protection intégrales de tous les types de propriété, y compris la pro- priété privée, et du droit des citoyens à les posséder et à les utiliser, ainsi que des droits de pro- priété intellectuelle ; • Le droit au versement rapide d’une indemnité compensatoire équitable dans le cas où un bien privé est retiré à son propriétaire en vue d’une utilisation publique ;
55 Document de la Réunion de Copenhague de la Conférence sur la Dimension Humaine de la CSCE Copenhague 1990
(…)
Les États participants expriment leur grande satisfaction devant les changements politiques fon- damentaux intervenus en Europe depuis la première Réunion de la Conférence sur la dimension humaine de la CSCE tenue à Paris en 1989. Ils constatent que le processus de la CSCE a contri- bué dans une large mesure à ces changements et que, à son tour, cette évolution a fait progres- ser de manière significative l’application des dispositions de l’Acte final et des autres documents de la CSCE.
Ils reconnaissent que la démocratie pluraliste et l’État de droit sont essentiels pour garantir le res- pect de tous les droits de l’homme et de toutes les libertés fondamentales, le développement des contacts entre les personnes et la recherche de solutions à d’autres questions d’ordre humanitaire connexes. Par conséquent, ils se félicitent de l’engagement pris par tous les États participants de par- venir aux idéaux de la démocratie et du pluralisme politique, ainsi que de leur détermination com- mune d’instaurer des sociétés démocratiques reposant sur des élections libres et sur l’État de droit.
A la Réunion de Copenhague, les États participants ont procédé à un examen de la mise en œuvre de leurs engagements dans le domaine de la dimension humaine. Ils ont estimé que le respect des engagements contenus dans les dispositions pertinentes des documents de la CSCE avait progressé de manière fondamentale depuis la Réunion de Paris. Ils ont cependant également exprimé l’opi- nion que des progrès supplémentaires étaient nécessaires pour la pleine réalisation de leurs enga- gements dans le domaine de la dimension humaine.
Les États participants expriment leur conviction que le respect total des droits de l’homme et des libertés fondamentales, le développement de sociétés se fondant sur une démocratie pluraliste et l’État de droit sont des conditions préalables nécessaires pour faire progresser la mise en place d’un ordre durable de paix, de sécurité, de justice et de coopération qu’ils cherchent à établir en Europe. Ils réaffirment en conséquence leur engagement de mettre pleinement en œuvre toutes les disposi- tions de l’Acte final et des autres documents de la CSCE concernant la dimension humaine, et ils feront en sorte de pousser plus avant les progrès réalisés.
Ils reconnaissent que la coopération entre eux, ainsi que la participation active de personnes, groupes ou groupements, organisations et institutions seront essentielles pour assurer la poursuite des progrès permettant la réalisation de leurs objectifs communs.
Pour renforcer le respect et la jouissance des droits de l’homme et des libertés fondamentales, pour développer les contacts entre les personnes et trouver des solutions aux questions d’ordre huma- nitaire connexes, les États participants conviennent de ce qui suit :
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I
(1) Les États participants expriment leur conviction que la protection et la promotion des droits de l’homme et des libertés fondamentales sont une des tâches essentielles de l’État et réaffirment que la reconnaissance de ces droits et libertés est le fondement de la liberté, de la justice et de la paix.
(2) Ils sont déterminés à soutenir et à promouvoir les principes de justice qui constituent les fon- dements de l’État de droit. Ils considèrent que l’État de droit ne signifie pas simplement une léga- lité formelle assurant régularité et cohérence dans l’instauration et la mise en œuvre de l’ordre démocratique mais bien la justice fondée sur la reconnaissance et la pleine acceptation de la valeur suprême de la personne humaine et garantie par des institutions offrant un cadre pour son expres- sion la plus complète.
(3) Ils réaffirment que la démocratie est un élément inhérent à l’État de droit. Ils reconnaissent l’importance du pluralisme des organisations politiques.
(4) Ils confirment qu’ils respecteront le droit de chacun d’entre eux de choisir et de développer librement son système politique, social, économique et culturel, conformément aux normes inter- nationales communément admises en matière de droits de l’homme. Dans l’exercice de ce droit, ils veilleront à ce que leurs lois, règlements, pratiques et politiques soient conformes à leurs obli- gations découlant du droit international et soient harmonisés avec les dispositions de la Déclara- tion sur les principes et les autres engagements pris dans le cadre de la CSCE.
(5) Ils déclarent solennellement que, parmi les principes de la justice essentiels à l’expression com- plète de la dignité inhérente à la personne humaine et des droits égaux et inaliénables de tous les êtres humains, il faut mentionner les suivants : (5.1) – des élections libres qui seront organisées à intervalles raisonnables, au scrutin secret ou suivant une procédure équivalente assurant la liberté du vote, dans des conditions garantissant effectivement la libre expression de la volonté des électeurs dans le choix de leurs représentants ; (5.2) – une forme de gouvernement de type représentatif et dans laquelle le pouvoir exécutif est responsable devant le parlement élu ou le corps électoral ; (5.3) – le devoir du gouvernement et des autorités publiques de se conformer à la constitution et d’agir conformément à la loi ; (5.4) – une séparation claire entre l’État et les partis politiques ; en particulier les partis politiques ne pourront se confondre avec l’État ; (5.5) – l’activité du gouvernement et de l’administration ainsi que celle des autorités judiciaires doit s’exercer conformément au régime établi par la loi. Le respect de celui-ci doit être assuré ; (5.6) – les forces militaires et la police doivent être placées sous le contrôle de l’autorité civile, devant laquelle elles sont responsables ; (5.7) – les droits de l’homme et les libertés fondamentales doivent être garantis par la loi et confor- mément aux obligations découlant du droit international ; (5.8) – les lois – adoptées au terme d’une procédure publique – et les règlements font l’objet d’une publication qui est la condition de leur applicabilité. Ces textes seront accessibles à tous ; (5.9) – tous les individus sont égaux devant la loi et ont droit sans aucune discrimination à une pro- tection égale de la loi. A cet égard, la loi interdit toute discrimination et garantit à toutes les per- sonnes une protection égale et effective contre toute discrimination, quels qu’en soient les motifs ;
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(5.10) – tout individu disposera d’un recours effectif contre les décisions administratives de façon à garantir le respect des droits fondamentaux et à assurer la sécurité juridique ; (5.11) – les décisions administratives à l’encontre d’une personne doivent être pleinement motivées et indiquer en général les voies de recours existantes ; (5.12) – l’indépendance des juges et le fonctionnement impartial de la justice seront assurés ; (5.13) – l’indépendance des avocats sera reconnue et protégée, notamment quant aux conditions de recrutement et d’exercice de leur activité ; (5.14) – les règles relatives à la procédure pénale comporteront une définition claire des compé- tences concernant les poursuites et les actes les précédant et les accompagnant ; (5.15) – toute personne arrêtée ou détenue pour une infraction pénale a le droit d’être aussitôt tra- duite devant un juge ou un autre magistrat habilité par la loi à excercer une telle fonction, qui sta- tuera sur la légalité de son arrestation ou de sa détention ; (5.16) – toute personne a droit à ce que sa cause soit entendue équitablement et publiquement par un tribunal compétent, indépendant et impartial, établi par la loi, qui décidera soit du bien fondé de toute accusation en matière pénale dirigée contre elle, soit des contestations sur ses droits et obli- gations de caractère civil ; (5.17) – toute personne poursuivie aura le droit de se défendre elle-même ou d’avoir rapidement l’assistance d’un défenseur de son choix ou, si elle n’a pas les moyens de rémunérer un défenseur, de pouvoir être assistée gratuitement par un avocat d’office, lorsque les intérêts de la justice l’exigent ; (5.18) – nul ne peut être accusé d’une infraction pénale, jugé ou reconnu coupable à moins que cette infraction ne soit prévue par une loi qui en définit les éléments avec clarté et précision ; (5.19) – toute personne est présumée innocente aussi longtemps que sa culpabilité n’est pas prou- vée conformément à la loi ; (5.20) – considérant l’importance de la contribution des instruments internationaux concernant les droits de l’homme à l’État de droit au plan interne, les États participants réaffirment qu’ils envi- sageront d’adhérer au Pacte international relatif aux droits civils et politiques, au Pacte internatio- nal relatif aux droits économiques, sociaux et culturels et aux autres instruments internationaux pertinents, s’ils ne l’ont pas encore fait ; (5.21) – afin de compléter les recours internes et de mieux garantir le respect par les États partici- pants des obligations internationales souscrites par eux, les États participants envisageront d’ad- hérer à une convention internationale de caractère régional ou universel relative à la protection des droits de l’homme, tels la Convention européenne des droits de l’homme ou le Protocole facultatif se rapportant au Pacte international relatif aux droits civils et politiques, qui prévoient des procé- dures de recours individuels devant des instances internationales.
(6) Les États participants déclarent que la volonté du peuple, exprimée librement et équitablement dans le cadre d’élections périodiques et honnêtes, est le fondement de l’autorité et de la légitimité de tout gouvernement. Les États participants respecteront en conséquence le droit de leurs citoyens de participer au gouvernement de leur pays, soit directement, soit par l’intermédiaire de représen- tants librement choisis par eux dans le cadre d’élections équitables. Ils reconnaissent la responsa- bilité qui leur incombe de défendre et de protéger, conformément à leurs lois, à leurs obligations internationales en matière de droits de l’homme et à leurs engagements internationaux, l’ordre démocratique librement établi par la volonté du peuple contre les activités de personnes, groupes ou groupements ou organisations qui prennent part ou qui refusent de renoncer à des actes de ter- rorisme ou de violence visant à renverser cet ordre ou celui d’un autre État participant.
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(7) Pour faire en sorte que la volonté du peuple soit le fondement des autorités publiques, les États participants (7.1) – organiseront des élections libres à intervalles raisonnables, comme le prévoit la loi ; (7.2) – permettront que tous les sièges, dans au moins une des chambres du pouvoir législatif natio- nal, soient librement disputés dans le cadre d’un vote populaire ; (7.3) – garantiront un suffrage universel et égal aux citoyens majeurs ; (7.4) – veilleront à ce que les votes soient émis au scrutin secret ou suivant une procédure équiva- lente assurant la liberté du vote et à ce qu’ils soient recensés et présentés avec objectivité, les résul- tats officiels étant rendus publics ; (7.5) – respecteront le droit des citoyens de solliciter des fonctions politiques ou publiques, à titre individuel ou en tant que représentants de partis politiques ou d’organisations, sans discrimination ; (7.6) – respecteront le droit des individus ainsi que des groupes ou groupements de créer, en toute liberté, leurs propres partis ou autres organisations politiques, et fourniront à ces partis et orga- nisations les garanties légales nécessaires pour leur permettre de se mesurer sur la base d’une éga- lité de traitement devant la loi et les autorités ; (7.7) – veilleront à ce que la loi et l’ordre public de l’État contribuent à faire en sorte que les cam- pagnes politiques se déroulent dans un climat d’équité et de liberté excluant toute pression adminis- trative, violence ou intimidation qui interdirait aux partis et aux candidats d’exposer librement leurs opinions et leurs qualités, ou empêcherait les électeurs d’en prendre connaissance et d’en débattre ou de voter sans crainte de sanctions ; (7.8) – veilleront à ce qu’aucune obstacle d’ordre juridique ou administratif ne s’oppose au libre accès aux médias sur la base de la non-discrimination pour tous les groupes ou groupements poli- tiques et toutes les personnes désirant participer à des élections ; (7.9) – veilleront à ce que les candidats qui obtiennent le nombre nécessaire de voix requis par la loi soient dûment investis de leur fonction, et qu’il leur soit permis de conserver celle-ci jusqu’à ce que leur mandat arrive à expiration ou qu’il y soit mis un terme pour toute autre raison d’une manière prescrite par la loi conformément à des procédures parlementaires et constitutionnelles démocratiques.
(8) États participants estiment que la présence d’observateurs, étrangers et nationaux, est de nature à améliorer le déroulement des élections dans les États où elles ont lieu. En conséquence, ils invitent des observateurs de tout autre État participant à la CSCE, ainsi que de toute institution et organi- sation privée compétente qui le souhaiterait, à suivre le déroulement des opérations de leurs élec- tions nationales, dans la mesure prévue par la loi. Ils s’appliqueront également à faciliter un accès analogue pour les élections organisées à un niveau inférieur au niveau national. Ces observateurs s’engageront à ne pas s’immiscer dans les opérations électorales.
II
(9) Les États participants réaffirment que (9.1) – toute personne a droit à la liberté d’expression, y compris le droit de communiquer. Ce droit comprend la liberté d’exprimer des opinions ainsi que de recevoir et de transmettre des informa- tions et des idées, sans ingérence de la part des autorités publiques et sans considération de fron- tières. L’exercice de ce droit ne peut faire l’objet de restrictions que si ces restrictions sont prévues par la loi et compatibles avec les normes internationales communément admises. En particulier, aucune limitation ne doit être apportée à l’accès et à l’utilisation des moyens de reproduction
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de documents de toute nature, sous réserve, toutefois, de respecter les droits relatifs à la propriété intellectuelle, y compris les droits d’auteur ; (9.2) – toute personne a le droit d’organiser des réunions et des manifestations pacifiques. Toute restriction pouvant être apportée à l’exercice de ces droits doit être prévue par la loi et compatible avec les normes internationales communément admises ; (9.3) – le droit d’association est garanti. Est garanti également le droit de former un syndicat et d’y adhérer librement, sous réserve du droit général dont jouit tout syndicat de déterminer ses propres conditions d’adhésion. Ces droits excluent tout contrôle préalable. La liberté d’association des tra- vailleurs, y compris le droit de grève, est garantie, sous réserve des limites prévues par la loi et com- patibles avec les normes internationales communément admises ; (9.4) – toute personne a droit à la liberté de pensée, de conscience et de religion. Ce droit comprend la liberté de changer de religion ou de conviction et de manifester sa religion ou sa conviction, indi- viduellement ou collectivement, en public ou en privé, par le culte, l’enseignement, les pratiques et l’accomplissement des rites. L’exercice de ces droits ne peut faire l’objet que des limitations pré- vues par la loi et conformes aux normes internationales communément admises ; (9.5) – ils respectent le droit de toute personne de quitter tout pays, y compris le sien, et de reve- nir dans son pays, conformément aux obligations internationales de l’État et aux engagements contractés au titre de la CSCE. Les restrictions apportées à ce droit auront un caractère tout à fait exceptionnel et ne seront jugées nécessaires que si elles répondent à un besoin public spécifique, visent un objectif légitime et sont proportionnées à cet objectif et s’il n’en est pas fait un usage abusif ou arbitraire ; (9.6) – toute personne a le droit de jouir en paix de sa propriété, à titre individuel ou en association avec d’autres. Nul ne peut être privé de sa propriété que pour cause d’utilité publique, et sous réserve des conditions prévues par la loi et conformément aux obligations et engagements internationaux.
(10) Réaffirmant leur engagement de garantir effectivement les droits de chacun de connaître les droits de l’homme et les libertés fondamentales et d’agir en conséquence, et de contribuer active- ment, à titre individuel ou en association avec d’autres, à leur promotion et à leur protection, les États participants s’engagent (10.1) – à respecter le droit de chacun, à titre individuel ou en association avec d’autres, de deman- der, recevoir et communiquer librement des opinions et des informations concernant les droits de l’homme et les libertés et ces informations ; (10.2) – à respecter les droits de chacun, à titre individuel ou en association avec d’autres, d’étudier et d’examiner comment les droits de l’homme et les libertés fondamentales sont respectés et d’éla- borer et d’examiner des idées propres à améliorer la protection des droits de l’homme ainsi que des moyens plus efficaces pour garantir leur conformité avec les normes internationales commu- nément admises en matière de droits de l’homme ; (10.3) – à veiller à ce que toute personne soit autorisée à exercer le droit d’association, y compris le droit effectif de créer des organisations non gouvernementales cherchant à promouvoir et à pro- téger les droits de l’homme et les libertés fondamentales, notamment des syndicats et des groupes de surveillance en matière de droits de l’homme, ainsi que d’adhérer à ces organisations et de par- ticiper à leurs activités ; (10.4) – à permettre aux membres de ces groupes et organisations d’avoir librement accès à des orga- nismes similaires, à l’intérieur et hors des frontières de leur pays, ainsi qu’à des organisations inter- nationales et de communiquer avec ceux-ci, de procéder à des échanges, de nouer des contacts et de coopérer avec ces groupements et organisations, de même que de solliciter, de recevoir et d’utiliser des contributions financières volontaires d’origine nationale et internationale dans la mesure pré- vue par la loi, afin de promouvoir et de protéger les droits de l’homme et les libertés fondamentales.
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(11) Les États participants affirment en outre qu’en cas de violations alléguées des droits de l’homme et des libertés fondamentales, les recours disponibles comprennent (11.1) – le droit de toute personne de demander et de recevoir une assistance juridique appropriée ; (11.2) – le droit de toute personne de demander et de recevoir l’aide d’autrui pour défendre les droits de l’homme et les libertés fondamentales, ainsi que d’aider d’autres personnes à défendre ces droits et libertés ; (11.3) – le droit des personnes ou des groupes agissant en leur nom de communiquer avec des orga- nismes internationaux ayant compétence pour recevoir et examiner des informations concernant des atteintes alléguées aux droits de l’homme.
(12) Les États participants, désireux d’assurer une meilleure transparence dans la mise en œuvre des engagements souscrits au titre de la dimension humaine de la CSCE dans le Document de clô- ture de Vienne, décident d’admettre, à titre de mesure de confiance, la présence d’observateurs envoyés par des États participants et de représentants d’organisations non gouvernementales ainsi que d’autres personnes intéressées lors de procédures engagées devant des tribunaux, comme prévu par la législation nationale et le droit international ; il est entendu que le huis clos ne peut être pro- noncé que dans les circonstances prévues par la loi et conformément aux obligations découlant du droit international et aux engagements internationaux.
(13) Les États participants décident d’attacher une attention particulière à la reconnaissance des droits de l’enfant, de ses droits civils et de ses libertés individuelles, de ses droits économiques, sociaux et culturels, et de son droit à une protection particulière contre toute forme de violence et d’exploitation. Ils envisageront d’adhérer à la Convention sur les droits de l’enfant, s’ils ne l’ont pas encore fait, qui a été ouverte à la signature des États le 26 janvier 1990. Ils reconnaîtront dans leur législation nationale les droits de l’enfant tels qu’ils sont consignés dans les accords interna- tionaux auxquels ils sont parties.
(14) Les États participants sont convenus d’encourager la création, dans leur pays, de conditions propres à assurer un enseignement aux étudiants et aux stagiaires originaires d’autres États partici- pants, y compris à ceux qui suivent une formation professionnelle et technique. Ils sont également convenus de favoriser les voyages de jeunes de leur pays pour que ceux-ci reçoivent une formation dans d’autres États participants et, à cette fin, d’encourager la conclusion, lorsque cela est néces- saire, d’accords bilatéraux et multilatéraux entre leurs institutions et organisations publiques inté- ressées et leurs établissements d’enseignement.
(15) Les États participants agiront de manière à faciliter le transfèrement des personnes condam- nées et inviteront les États participants qui ne sont pas parties à la Convention sur le transfère- ment des personnes condamnées, signée à Strasbourg le 21 novembre 1983, à envisager d’y adhérer.
(16) Les États participants, (16.1) – réaffirment leur engagement d’interdire la torture et les autres peines ou traitements cruels, inhumains ou dégradants et de prendre des mesures législatives, administratives, judiciaires ou autres pour prévenir et réprimer de telles pratiques, de protéger les personnes contre toute pra- tique psychiatrique ou autres pratiques médicales qui violent les droits de l’homme et les libertés fondamentales et de prendre des mesures efficaces pour prévenir et réprimer de telles pratiques ; (16.2) – ont l’intention d’envisager d’urgence d’adhérer à la Convention contre la torture et les autres peines ou traitements cruels, inhumains ou dégradants, s’ils ne l’ont déjà fait, ainsi que de recon- naître la compétence de la Commission contre la torture en vertu des articles 21 et 22 de la Conven- tion et de retirer les réserves concernant la compétence de la Commission en vertu de l’article 20 ;
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(16.3) – soulignent qu’aucune circonstance exceptionnelle quelle qu’elle soit, qu’il s’agisse d’un état de guerre ou d’une menace de guerre, d’instabilité politique intérieure, ou de tout autre état d’ur- gence, ne peut être invoquée pour justifier la torture ; (16.4) – assureront que l’éducation et l’information concernant l’interdiction de la torture font partie intégrante du programme de formation des responsables de l’application de la loi, civils ou militaires, du personnel médical, des fonctionnaires et autres personnes qui peuvent partici- per à la garde, à l’interrogatoire ou au traitement de tout individu soumis à une forme quelconque d’arrestation, de détention ou d’emprisonnement ; (16.5) – passeront systématiquement en revue, aux fins de prévenir tout cas de torture, les règles, les instructions, les méthodes et les pratiques concernant l’interrogatoire, ainsi que les disposi- tions applicables à la garde et au traitement des personnes soumises à toutes formes d’arrestation, de détention ou d’emprisonnement sur un territoire placé sous leur juridiction ; (16.6) – se saisiront en priorité, aux fins d’examen et d’adoption de mesures appropriées conformé- ment aux dispositions et procédures convenues pour la mise en œuvre effective des engagements relatifs à la dimension humaine de la CSCE, de tous cas de torture et d’autres peines ou traite- ments inhumains ou dégradants portés à leur connaissance par des voies officielles ou par toute autre source fiable d’information ; (16.7) – agiront dans l’idée que la sauvegarde et la garantie de la vie et de la sécurité de tout indi- vidu soumis à une forme quelconque de torture ou de peines ou traitements inhumains ou dégra- dants sera l’unique critère pour déterminer l’urgence et les priorités à observer dans l’adoption de mesures appropriées ; en conséquence, l’examen de tous cas de torture et d’autres peines ou trai- tements inhumains ou dégradants dans le cadre de tout autre organe ou mécanisme internatio- nal ne peut être invoqué comme prétexte pour s’abstenir de procéder à un examen et de prendre les mesures appropriées conformément aux dispositions et procédures convenues pour la mise en œuvre effective des engagements relatifs à la dimension humaine de la CSCE.
(17) Les États participants, (17.1) – rappellent l’engagement qu’ils ont contracté dans le Document de clôture de Vienne de main- tenir à l’étude la question de la peine de mort et de coopérer au sein des organisations internatio- nales compétentes ; (17.2) – rappellent, dans ce contexte, l’adoption par l’Assemblée générale des Nations Unies le 15 décembre 1989, du deuxième Protocole facultatif se rapportant au Pacte international relatif aux droits civils et politiques visant à abolir la peine de mort ; (17.3) – notent les restrictions et les garanties concernant l’application de la peine de mort qui ont été adoptées par la communauté internationale, en particulier l’article 6 du Pacte international relatif aux droits civils et politiques ; (17.4) – notent les dispositions du sixième Protocole à la Convention européenne de sauvegarde des droits de l’homme et des libertés fondamentales, concernant l’abolition de la peine de mort ; (17.5) – notent les récentes mesures prises par un certain nombre d’États participants en vue d’abo- lir la peine de mort ; (17.6) – notent les activités menées par plusieurs organisations non gouvernementales concernant la question de la peine de mort ; (17.7) – échangeront, dans le cadre de la Conférence sur la dimension humaine, des informations sur la question de la peine de mort, et maintiendront cette question à l’étude ; (17.8) – rendront publiques les informations concernant l’application de la peine de mort.
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(18) Les États participants, (18.1) – notent que la Commission des droits de l’homme des Nations Unies a reconnu le droit de chacun d’être objecteur de conscience ; (18.2) – prennent note des mesures prises récemment par plusieurs États participants pour per- mettre l’exemption du service militaire obligatoire pour les individus qui se déclarent objecteurs de conscience ; (18.3) – prennent note des activités de plusieurs organisations non gouvernementales sur la ques- tion de l’objection de conscience dans le cas de service militaire obligatoire ; (18.4) – conviennent d’examiner la possibilité de mettre en place, quand cela n’a pas encore été fait, un service sous d’autres formes qui soient compatibles avec les motifs invoqués par l’objec- teur de conscience, ces formes de service étant en principe de nature non belligérante ou civile, d’intérêt public et ne présentant aucun caractère répressif ; (18.5) – rendront publiques des informations sur cette question ; (18.6) – poursuivront l’examen, dans le cadre de la Conférence sur la dimension humaine, des ques- tions pertinentes concernant l’exemption du service militaire obligatoire, là où il existe, pour les indi- vidus qui se déclarent objecteurs de conscience, et échangeront des informations sur ces questions.
(19) États participants affirment qu’une plus grande liberté de mouvement et de contacts entre les citoyens est importante dans le contexte de la protection et de la promotion des droits de l’homme et des libertés fondamentales. Ils veilleront à ce que leurs politiques concernant l’entrée sur leur territoire soient parfaitement compatibles avec les objectifs fixés dans les dispositions pertinentes de l’Acte final et des Documents de clôture de la Réunion de Madrid et de la Réunion de Vienne. Tout en réaffirmant leur détermination à ne pas revenir sur les engagements qui figurent dans les documents de la CSCE, ils s’engagent à appliquer intégralement et à améliorer les procédures actuelles dans le domaine des contacts entre les personnes, y compris sur une base bilatérale et mul- tilatérale. A cet égard, (19.1) – ils s’efforceront d’appliquer les procédures d’entrée sur leur territoire, y compris en ce qui concerne la délivrance des visas ainsi que le contrôle des passeports et le contrôle douanier, de bonne foi et sans retard injustifié. Si besoin est, ils raccourciront le délai d’attente pour les déci- sions concernant les visas et ils simplifieront les pratiques et réduiront les formalités administra- tives des demandes de visa ; (19.2) – ils veilleront, en examinant les demandes de visa, à ce que celles-ci soient traitées avec diligence afin, entre autres, que des considérations familiales, personnelles ou professionnelles importantes puissent être dûment prises en considération, surtout dans les cas urgents à carac- tère humanitaire ; (19.3) – ils s’efforceront, si nécessaire, d’abaisser les droits afférents à la délivrance des visas pour les ramener au niveau le plus bas possible.
(20) Les États participants intéressés se consulteront et, le cas échéant, coopéreront à la recherche de solutions aux problèmes qui pourraient se poser à la suite d’une augmentation du mouvement des personnes. (…)
(22) Les États participants réaffirment que la protection et la promotion des droits des travailleurs migrants ont leur dimension humaine. Dans ce contexte,
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(22.1) – ils conviennent que la protection et la promotion des droits des travailleurs migrants concernent tous les États participants, et qu’à ce titre ils devraient être examinés dans le proces- sus de la CSCE ; (22.2) – ils réaffirment leur engagement d’appliquer intégralement dans leur législation nationale les droits des travailleurs migrants prévus dans les accords internationaux auxquels ils sont parties ; (22.3) – ils considèrent que, dans les futurs instruments internationaux concernant les droits des tra- vailleurs migrants, ils devraient tenir compte du fait que cette question est importante pour eux tous ; (22.4) – ils se déclarent prêts à examiner, lors des futures réunions de la CSCE, les conditions d’une nouvelle promotion des droits des travailleurs migrants et de leurs familles.
(23) États participants réaffirment leurs convictions exprimées dans le Document de clôture de Vienne que la promotion des droits économiques, sociaux et culturels ainsi que celle des droits civils et politiques est d’une importance capitale pour la dignité humaine et pour l’aboutisse- ment des aspirations légitimes de chacun. Ils réaffirment également leur engagement, pris dans le Document de la Conférence de Bonn sur la coopération économique en Europe, de promouvoir la justice sociale et d’améliorer les conditions de vie et de travail. Dans le contexte de la poursuite de leurs efforts visant à parvenir progressivement, par tous les moyens appropriés, au plein exer- cice des droits économiques, sociaux et culturels, ils porteront une attention particulière aux pro- blèmes qui se posent dans les domaines de l’emploi, du logement, de la sécurité sociale, de la santé, de l’éducation et de la culture.
(24) États participants veilleront à ce que l’exercice de tous les droits de l’homme et libertés fon- damentales énoncés plus haut ne soit l’objet de restrictions que si celles-ci sont prévues par la loi et compatibles avec les obligations qu’ils assument conformément au droit international, en parti- culier au Pacte international relatif aux droits civils et politiques, et avec leurs engagements inter- nationaux, en particulier la Déclaration universelle des droits de l’homme. Ces restrictions auront un caractère exceptionnel. Les États participants feront en sorte qu’elles ne soient appliquées ni de façon abusive ni de façon arbitraire, mais de telle sorte que l’exercice effectif de ces droits soit garanti. Toute restriction à des droits et libertés doit, dans une société démocratique, correspondre à l’un des objectifs de la loi et être strictement proportionnée à l’objet de celle-ci.
(25) États participants confirment que toute dérogation aux obligations relatives aux droits de l’homme et aux libertés fondamentales pendant un état d’urgence doit rester strictement dans les limites prévues par le droit international, en particulier par les instruments internationaux pertinents par lesquels ils sont liés, spécialement en ce qui concerne les droits auxquels il ne peut être dérogé.
Ils réaffirment que : (25.1) – les mesures dérogeant à de telles obligations doivent être prises strictement en conformité des règles procédurales définies dans ces instruments ; (25.2) – l’état d’urgence doit être proclamé officiellement, publiquement et conformément aux modalités établies par la loi ; (25.3) – les mesures dérogeant à des obligations seront strictement limitées aux exigences de la situa- tion ; (25.4) – ces mesures ne comporteront pas de discrimination uniquement fondée sur la race, la cou- leur, le sexe, la langue, la religion, l’origine sociale ou l’appartenance à une minorité.
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III
(26) Les États participants reconnaissent qu’une démocratie vigoureuse dépend de l’existence, comme partie intégrante de la vie nationale, de valeurs et de pratiques démocratiques ainsi que d’une gamme étendue d’institutions démocratiques. A ces fins, ils encourageront, faciliteront et, le cas échéant, appuieront les efforts concrets de coopération et le partage d’informations, d’idées et d’expertise et les contacts directs ainsi que la coopération entre individus, groupes et organisa- tions dans les domaines suivants : • droit constitutionnel, réformes et développement en la matière, • législation électorale, organisation et observation des élections, • création et administration de cours et tribunaux et de systèmes juridiques, • mise en place d’une administration publique impartiale et efficace dans laquelle le recrutement et l’avancement sont fondés sur le mérite, • application de la loi, • collectivités locales et décentralisation, • accès à l’information et protection de la vie privée, • création de partis politiques et leur rôle dans des sociétés pluralistes, • liberté et indépendance des syndicats, • mouvements coopératifs, • création d’autres formes d’associations libres et de groupes d’intérêt public, • presse, indépendance des médias, vie intellectuelle et culturelle, • enseignement, dans les établissements éducatifs, portant sur les valeurs, les institutions et les pratiques démocratiques, et promotion d’une atmosphère de libre discussion.
Ces efforts comprendront toute l’étendue de la coopération dans le cadre de la dimension humaine de la CSCE, en s’attachant, entre autres, aux sujets suivants : formation, échange d’informations, d’ouvrages et de matériel pédagogique, programmes et projets de coopération, échanges et confé- rences d’universitaires et de spécialistes, bourses d’études, bourses de recherche, fourniture de ser- vices d’experts et de services consultatifs, contacts et programmes commerciaux et scientifiques.
(27) Les États participants faciliteront également la création et le renforcement d’institutions nationales indépendantes dans le cadre des droits de l’homme et de l’État de droit, qui puissent aussi servir de centres de coordination et de coopération entre ces institutions dans les États par- ticipants. Ils proposent que la coopération soit encouragée entre les parlementaires des États par- ticipants, notamment par les associations interparlementaires existantes et aussi par la création de commissions mixtes et l’organisation de débats télévisés avec la participation de parlementaires, de réunions et de tables rondes. Ils encourageront également les institutions existantes telles que les organisations du système des Nations Unies et le Conseil de l’Europe à poursuivre et à accroître les activités qu’elles ont entreprises dans ce domaine.
(28) Les États participants reconnaissent l’importance de l’expérience du Conseil de l’Europe dans le domaine des droits de l’homme et des libertés fondamentales et conviennent d’examiner des voies et moyens nouveaux pour permettre au Conseil de l’Europe d’apporter une contribution à la dimension humaine de la CSCE. Ils conviennent que la nature de cette contribution pourrait être examinée plus en détail lors d’un prochain forum de la CSCE. (…)
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IV
(30) Les États participants reconnaissent que les questions relatives aux minorités nationales ne peuvent être résolues de manière satisfaisante que dans un cadre politique démocratique se fon- dant sur l’État de droit, avec un système judiciaire indépendant efficace. Ce cadre garantit le res- pect total des droits de l’homme et des libertés fondamentales, l’égalité des droits et des conditions entre tous les citoyens, la libre expression de tous leurs intérêts et aspirations légitimes, l’applica- tion de règles juridiques permettant un contrôle efficace des abus de pouvoir exercés par le gou- vernement, le pluralisme politique et la tolérance sociale.
Ils reconnaissent en outre le rôle important que jouent les organisations non gouvernementales, y compris les partis politiques, les syndicats, les organisations des droits de l’homme et les groupe- ments religieux, pour la promotion de la tolérance et de la diversité culturelle et pour la recherche de solutions aux problèmes concernant les minorités nationales.
Ils réaffirment aussi que le respect des droits des personnes appartenant à des minorités natio- nales, considérés comme des droits de l’homme reconnus universellement, est un facteur essentiel de la paix, de la justice, de la stabilité et de la démocratie dans les États participants.
(31) Les personnes appartenant à des minorités nationales ont le droit d’exercer pleinement et effec- tivement leurs droits de l’homme et leurs libertés fondamentales, sans aucune discrimination et en pleine égalité devant la loi.
Les États participants adopteront, s’il y a lieu, des mesures particulières ayant pour but de garan- tir aux personnes appartenant à des minorités nationales la pleine égalité avec les autres citoyens dans l’exercice et la jouissance des droits de l’homme et des libertés fondamentales.
(32) L’appartenance à une minorité nationale est une question relevant d’un choix personnel, et aucun désavantage ne peut résulter d’un tel choix. Les personnes appartenant à des minori- tés nationales ont le droit d’exprimer, de préserver et de développer en toute liberté leur identité ethnique, culturelle, linguistique ou religieuse et de maintenir et de développer leur culture sous toutes ses formes, à l’abri de toutes tentatives d’assimilation contre leur volonté. En particulier, elles ont le droit (32.1) – d’utiliser librement leur langue maternelle tant en privé qu’en public ; (32.2) – de créer et de maintenir leurs propres institutions, organisations ou associations éducatives, culturelles et religieuses, qui peuvent solliciter des contributions financières bénévoles et autres contributions, y compris une aide publique, conformément à la législation nationale ; (32.3) – de professer et de pratiquer leur religion, y compris de se procurer, de posséder et d’utiliser des objets religieux, ainsi que de dispenser un enseignement religieux dans leur langue maternelle ; (32.4) – d’établir et de maintenir des contacts sans entraves entre elles dans leur pays, ainsi que des contacts au-delà des frontières avec des citoyens d’autres États qui ont en commun une origine ethnique ou nationale, un patrimoine culturel ou des croyances religieuses ; (32.5) – de diffuser et d’échanger des informations dans leur langue maternelle et d’avoir accès à ces informations ; (32.6) – de créer et de maintenir des organisations ou associations dans leur pays, et de participer aux activités d’organisations non gouvernementales internationales.
Les personnes appartenant à des minorités nationales peuvent, individuellement ainsi qu’en commun avec d’autres membres de leur groupe, exercer leurs droits et en jouir. L’exercice ou le non-exercice
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de ces droits ne peut entraîner un désavantage pour une personne appartenant à une minorité nationale.
(33) Les États participants protégeront l’identité ethnique, culturelle, linguistique et religieuse des minorités nationales sur leur territoire et créeront des conditions propres à promouvoir cette identité. Ils prendront les mesures nécessaires à cet effet après avoir procédé à des consultations appropriées, et notamment après s’être mis en rapport avec les organisations ou associations de ces minorités, conformément à la procédure de décision de chaque État.
De telles mesures devront être conformes aux principes de l’égalité et de la non-discrimination à l’égard des autres citoyens de l’État participant concerné.
(34) Les États participants s’efforceront de garantir que les personnes appartenant à des minori- tés nationales, indépendamment de la nécessité d’apprendre la ou les langues officielles de l’État concerné, auront la possibilité d’apprendre leur langue maternelle ou de recevoir un enseignement dans cette langue, ainsi que, si c’est possible et nécessaire, de l’utiliser dans leurs rapports avec les pouvoirs publics, conformément à la législation nationale en vigueur.
Dans l’enseignement de l’histoire et de la culture dans les établissements éducatifs, ils tiendront également compte de l’histoire et de la culture des minorités nationales.
(35) Les États participants respecteront le droit des personnes appartenant à des minorités natio- nales de participer effectivement aux affaires publiques, notamment aux affaires concernant la pro- tection et la promotion de l’identité de telles minorités.
Les États participants prennent note des efforts entrepris pour créer et favoriser des conditions permettant de promouvoir l’identité ethnique, culturelle, linguistique et religieuse de certaines minorités nationales en mettant en place, comme l’un des moyens de réaliser ces objectifs, des administrations locales ou autonomes appropriées, correspondant à la situation historique et ter- ritoriale spécifique de ces minorités, conformément à la politique de l’État concerné.
(36) Les États participants reconnaissent l’importance particulière que revêt le renforcement d’une coopération constructive entre eux en ce qui concerne les questions relatives aux minori- tés nationales.
Une telle coopération a pour but d’encourager une compréhension et une confiance mutuelles, des relations amicales et de bon voisinage, la paix, la sécurité et la justice internationales.
Chaque État participant favorisera l’instauration d’un climat propice à la compréhension et au respect mutuel, à la coopération et à la solidarité entre tous les citoyens résidant sur son terri- toire, sans distinction d’origine ethnique ou nationale ou de croyance religieuse, et il encouragera la recherche de solutions aux problèmes par un dialogue fondé sur les principes de l’État de droit.
(37) Aucun des présents engagements ne peut être interprété comme comportant un droit quel- conque d’entreprendre toute activité ou d’accomplir toute action contrevenant aux buts et prin- cipes de la Charte des Nations Unies, aux autres obligations découlant du droit international ou aux dispositions de l’Acte final, y compris le principe de l’intégrité territoriale des États.
(38) Les États participants, dans leurs efforts visant à protéger et à promouvoir les droits des per- sonnes appartenant à des minorités nationales, respecteront pleinement les engagements pris en vertu des conventions en vigueur dans le domaine des droits de l’homme et autres instruments
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internationaux, et ils examineront la possibilité d’adhérer aux conventions en la matière, s’ils ne l’ont pas encore fait, y compris celles accordant aux citoyens le droit de déposer une plainte.
(39) Les États participants coopéreront étroitement au sein des organisations internationales com- pétentes auxquelles ils appartiennent, y compris l’Organisation des Nations Unies et, le cas échéant, le Conseil de l’Europe, compte tenu des travaux en cours concernant les questions relatives aux minorités nationales.
Ils examineront la possibilité de tenir une réunion d’experts pour procéder à une discussion appro- fondie de la question des minorités nationales.
(40) Les États participants condamnent clairement et sans équivoque le totalitarisme, la haine raciale et ethnique, l’antisémitisme, la xénophobie et toute discrimination contre quiconque, ainsi que toute persécution pour des raisons religieuses et idéologiques. Dans ce contexte, ils reconnaissent en outre les problèmes spécifiques des Roms (gitans).
Ils déclarent qu’ils sont fermement décidés à intensifier leurs efforts pour lutter contre ces phéno- mènes sous toutes leurs formes et, par conséquent (40.1) – ils prendront des mesures efficaces, y compris l’adoption, conformément à leur système constitutionnel et à leurs obligations internationales, de lois nécessaires à assurer une protection contre tout acte constituant une incitation à la violence contre des personnes ou groupes de per- sonnes fondée sur la discrimination nationale, raciale, ethnique ou religieuse, à l’hostilité ou à la haine, y compris l’antisémitisme ; (40.2) – ils s’engageront à prendre toutes mesures appropriées et proportionnées à leur objet pour protéger les personnes ou groupes de personnes qui pourraient être victimes de menaces ou d’actes de discrimination, d’hostilité ou de violence en raison de leur identité raciale, ethnique, culturelle, linguistique et religieuse, et pour protéger leurs biens ; (40.3) – ils prendront des mesures efficaces, conformément à leurs systèmes constitutionnels, aux niveaux national, régional et local pour favoriser la compréhension et la tolérance, particulière- ment dans les domaines de l’enseignement, de la culture et de l’information ; (40.4) – ils s’efforceront de garantir que l’enseignement dans ses buts mette l’accent sur le pro- blème de la haine et des préjugés raciaux et sur le respect des différentes civilisations et cultures ; (40.5) – ils reconnaîtront le droit qu’a toute personne de disposer effectivement d’un recours, et ils s’efforceront de reconnaître, conformément à la législation nationale, le droit qu’ont les personnes et groupes de personnes concernées de déposer des plaintes contre les actes de discrimination, y compris les actes racistes et xénophobes, et de soutenir de telles plaintes ; (40.6) – ils envisageront d’adhérer, s’ils ne l’ont pas encore fait, aux instruments internationaux relatifs au problème de la discrimination, et ils garantiront qu’ils se conformeront pleinement aux obligations contenues dans ces instruments, y compris à celles prévoyant la présentation de rap- ports périodiques ; (40.7) – ils examineront également la possibilité d’adopter les mécanismes internationaux qui per- mettent aux États et aux particuliers de soumettre à des organismes internationaux des commu- nications concernant des actes de discrimination.
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V
(41) États participants réaffirment leur engagement à l’égard de la dimension humaine de la CSCE et soulignent son importance en tant que partie intégrante d’une approche équilibrée de la sécu- rité et de la coopération en Europe. Ils considèrent que la Conférence sur la dimension humaine de la CSCE et le mécanisme de la dimension humaine décrit dans le chapitre relatif à la dimen- sion humaine de la CSCE du Document de clôture de Vienne ont démontré leur utilité en tant que méthodes visant à promouvoir le dialogue et la coopération et à aider au règlement de ques- tions spécifiques pertinentes. Ils expriment leur conviction qu’il faudrait continuer d’appliquer ces méthodes et les développer dans le cadre de l’évolution du processus de la CSCE.
(42) États participants reconnaissent la nécessité d’améliorer davantage l’efficacité des procédures décrites aux paragraphes 1 à 4 du chapitre relatif à la dimension humaine de la CSCE du Docu- ment de clôture de Vienne et, dans cette perspective, décident (42.1) – de répondre par écrit, le plus rapidement possible et au plus tard dans un délai de quatre semaines, aux demandes d’informations et aux représentations qui leur sont faites par écrit par d’autres États participants en vertu du paragraphe 1 ; (42.2) – que les réunions bilatérales, telles que mentionnées au paragraphe 2, auront lieu dès que possible, en règle générale dans les trois semaines qui suivront la demande ; (42.3) – de s’abstenir, lors d’une réunion bilatérale tenue conformément au paragraphe 2, d’évo- quer des situations et des cas qui ne sont pas en rapport avec le sujet de la réunion, à moins que les deux parties n’aient donné leur accord. (43) Les États participants ont examiné des propositions concrètes de mesures nouvelles visant à améliorer la mise en œuvre des engagements relatifs à la dimension humaine de la CSCE. A cet égard, ils ont étudié des propositions concernant l’envoi d’observateurs pour examiner des situa- tions et des cas spécifiques, la nomination de rapporteurs pour enquêter et proposer des solu- tions appropriées, la création d’une Commission sur la dimension humaine de la CSCE, une plus grande participation des personnes, organisations et institutions au mécanisme de la dimension humaine et de nouveaux efforts, sur le plan bilatéral et multilatéral, pour favoriser le règlement de questions pertinentes.
Ils décident de continuer à examiner de façon approfondie, dans des forums ultérieurs pertinents de la CSCE, ces propositions ainsi que d’autres propositions conçues pour renforcer le mécanisme de la dimension humaine, et d’envisager d’adopter, dans le cadre du développement ultérieur du pro- cessus de la CSCE, de nouvelles mesures appropriées. Ils conviennent que ces mesures devraient contribuer à la réalisation effective de nouveaux progrès ainsi qu’au renforcement de la prévention des conflits et de la confiance dans le domaine de la dimension humaine de la CSCE. (…)
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(…)
Une nouvelle ère de démocratie, de paix et d’unité
Nous, chefs d’État ou de gouvernement des États participant à la Conférence sur la sécurité et la coo- pération en Europe, sommes réunis à Paris à une époque de profonds changements et d’espérances historiques. L’ère de la confrontation et de la division en Europe est révolue. Nous déclarons que nos relations seront fondées désormais sur le respect et la coopération.
L’Europe se libère de l’héritage du passé. Le courage des hommes et des femmes, la puissance de la volonté des peuples et la force des idées de l’Acte final de Helsinki ont ouvert une ère nou- velle de démocratie, de paix et d’unité en Europe.
Il nous appartient aujourd’hui de réaliser les espérances et les attentes que nos peuples ont nour- ries pendant des décennies : un engagement indéfectible en faveur de la démocratie fondée sur les droits de l’homme et les libertés fondamentales ; la prospérité par la liberté économique et par la justice sociale ; et une sécurité égale pour tous nos pays.
Les dix Principes de l’Acte final nous guideront vers cet objectif ambitieux comme ils ont éclairé notre voie vers des relations meilleures au cours des quinze dernières années. La pleine mise en œuvre de tous les engagements de la CSCE doit servir de fondement aux initiatives que nous prenons aujourd’hui pour permettre à nos nations de vivre conformément à leurs aspirations.
Droits de l’homme, démocratie et État de droit
Nous nous engageons à édifier, consolider et raffermir la démocratie comme seul système de gou- vernement de nos nations. A cet effet, nous nous conformerons à ce qui suit :
Les droits de l’homme et les libertés fondamentales sont inhérents à tous les êtres humains, inalié- nables et garantis par la loi. La responsabilité première des gouvernements est de les protéger et de les promouvoir. Leur respect est une garantie essentielle contre un État trop puissant. Les observer et les exercer pleinement donnent leur fondement à la liberté, à la justice et à la paix.
Le gouvernement démocratique repose sur la volonté du peuple, exprimée à intervalles réguliers par des élections libres et loyales. La démocratie est fondée sur le respect de la personne humaine et de l’État de droit. Elle est le meilleur garant de la liberté d’expression, de la tolérance envers tous les groupes de la société et de l’égalité des chances pour chacun.
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La démocratie, de par son caractère représentatif et pluraliste, implique la responsabilité envers l’électorat, l’obligation pour les pouvoirs publics de se conformer à la loi et l’exercice impartial de la justice. Nul n’est au-dessus de la loi.
Nous affirmons que, sans discrimination, • tout individu a le droit à la liberté de pensée, de conscience et de religion ou de conviction, la liberté d’expression, la liberté d’association et de réunion pacifique, la liberté de circulation ; nul ne sera soumis : – à arrestation ou détention arbitraires, à la torture ou à tout autre traitement ou châtiment cruel, inhumain ou dégradant ; • chacun a en outre le droit : – de connaître ses droits et de les faire valoir, – de participer à des élections libres et loyales, – d’être jugé équitablement et publiquement s’il est accusé d’un délit, – de posséder un bien seul ou en association et de mener des entreprises individuelles, – de jouir de ses droits économiques, sociaux et culturels.
Nous affirmons que l’identité ethnique, culturelle, linguistique et religieuse des minorités natio- nales sera protégée et que les personnes appartenant à ces minorités ont le droit d’exprimer, de pré- server et de développer cette identité sans aucune discrimination et en toute égalité devant la loi.
Nous veillerons à ce que chacun jouisse de recours effectifs, sur le plan national ou international, contre toute violation de ses droits.
Le plein respect de ces préceptes constitue l’assise sur laquelle nous nous efforcerons d’édifier la nouvelle Europe.
Nos États coopéreront et se soutiendront mutuellement pour rendre irréversibles les acquis démo- cratiques.
Liberté économique et responsabilité
La liberté économique, la justice sociale et une attitude responsable à l’égard de l’environnement sont indispensables à la prospérité.
Le libre arbitre individuel, exercé en démocratie et protégé par l’État de droit, constitue la condi- tion nécessaire d’un développement économique et social fructueux. Nous favoriserons l’activité économique qui respecte et soutient la dignité humaine.
La liberté et le pluralisme politique doivent être pris en compte dans la poursuite de notre objec- tif commun, qui est de développer les économies de marché en vue d’une croissance économique durable, de la prospérité, de la justice sociale, du développement de l’emploi et de l’utilisation ration- nelle des ressources économiques. Il est important et conforme à notre intérêt à tous que le pas- sage à l’économie de marché réussisse dans les pays qui font des efforts en ce sens. Cette réussite nous permettra de partager les fruits d’un accroissement de la prospérité auquel nous aspirons tous ensemble. Nous coopérerons pour atteindre ce but.
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La sauvegarde de l’environnement est une responsabilité que toutes nos nations partagent. Tout en appuyant les efforts nationaux et régionaux dans ce domaine, nous devons aussi tenir compte de la nécessité urgente d’une action commune à une plus grande échelle.
Relations amicales entre les États participants (…)
Afin de maintenir et promouvoir la démocratie, la paix et l’unité en Europe, nous nous engageons solennellement à respecter pleinement les dix Principes de l’Acte final de Helsinki.
Nous déclarons la validité constante des dix Principes et notre détermination à les mettre en pra- tique. Tous les Principes s’appliquent également et sans réserve, chacun d’entre eux s’interprétant en tenant compte des autres. Ils constituent la base de nos relations. (…)
Nos relations reposeront sur notre adhésion commune aux valeurs démocratiques, aux droits de l’homme et aux libertés fondamentales. Nous sommes convaincus que les progrès de la démo- cratie, ainsi que le respect et l’exercice effectif des droits de l’homme, sont indispensables au ren- forcement de la paix et de la sécurité entre nos États. Nous réaffirmons l’égalité de droits des peuples et leur droit à l’autodétermination conformément à la Charte des Nations Unies et aux normes pertinentes du droit international dans ce domaine, y compris celles qui ont trait à l’in- tégrité territoriale des États. (…)
Orientations pour l’avenir
Nous fondant sur notre ferme engagement à appliquer pleinement tous les principes et toutes les dispositions de la CSCE, nous sommes désormais résolus à imprimer un nouvel élan à un déve- loppement équilibré et général de notre coopération dans le but de répondre aux besoins et aux aspirations de nos peuples.
Dimension humaine
Nous déclarons que notre respect des droits de l’homme et des libertés fondamentales est irré- vocable. Nous appliquerons pleinement et développerons les dispositions de la CSCE relatives à la dimension humaine.
Nous appuyant sur le Document de la Réunion de Copenhague de la Conférence sur la dimension humaine, nous coopérerons pour renforcer les institutions démocratiques et promouvoir l’appli- cation du principe de l’État de droit. A cette fin, nous décidons de convoquer un séminaire d’ex- perts à Oslo du 4 au 15 novembre 1991.
Résolus à encourager la contribution précieuse des minorités nationales à la vie de nos sociétés, nous nous engageons à améliorer encore leur situation. Nous réaffirmons notre profonde convic- tion que des relations amicales entre nos peuples ainsi que la paix, la justice, la stabilité et la démo- cratie exigent que l’identité ethnique, culturelle, linguistique et religieuse des minorités nationales soit protégée et que des conditions favorables à la promotion de cette identité soient créées. Nous déclarons que les questions relatives aux minorités nationales ne peuvent trouver de réponses satis- faisantes que dans un cadre politique démocratique. Nous reconnaissons en outre que les droits
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des personnes appartenant à des minorités nationales doivent être pleinement respectés comme faisant partie des droits de l’homme universels. Conscients qu’il est nécessaire et urgent d’accroître la coopération en ce qui concerne les minorités nationales, ainsi que d’améliorer leur protection, nous décidons de convoquer une réunion d’experts sur les minorités nationales, qui se tiendra à Genève du 1er au 19 juillet 1991.
Nous exprimons notre détermination à lutter contre toutes les formes de haine raciale ou ethnique, d’antisémitisme, de xénophobie et de discrimination envers toute personne, ainsi que de persécu- tion pour des motifs religieux ou idéologiques.
Conformément aux engagements que nous avons pris dans le cadre de la CSCE, nous soulignons que la liberté de circulation et de contacts entre nos citoyens, ainsi que la libre circulation de l’in- formation et des idées, sont essentielles à la pérennité et au développement de sociétés libres et de cultures florissantes. Nous nous félicitons du développement du tourisme et des visites entre nos pays.
Le mécanisme de la dimension humaine a fait ses preuves et nous sommes donc résolus à le dévelop- per afin d’y inclure de nouvelles procédures comprenant, entre autres, les services d’experts ou un collège de personnalités éminentes ayant l’expérience des questions relatives aux droits de l’homme qui pourraient être soulevées dans le cadre du mécanisme. Nous veillerons, dans le contexte du mécanisme, à ce que les particuliers participent à la protection de leurs droits. Par conséquent, nous nous engageons à élargir encore nos engagements à cet égard, en particulier à la Réunion de Moscou de la Conférence sur la dimension humaine, sans préjuger des obligations contrac- tées aux termes des instruments internationaux existants auxquels nos États peuvent être parties.
Nous reconnaissons l’importante contribution du Conseil de l’Europe à la promotion des droits de l’homme, des principes de la démocratie et de l’État de droit, ainsi qu’au développement de la coo- pération culturelle. Nous nous félicitons de l’intérêt manifesté par plusieurs États participants quant à une adhésion au Conseil de l’Europe et à sa Convention européenne des droits de l’homme. Nous nous félicitons du fait que le Conseil de l’Europe est prêt à mettre son expérience au ser- vice de la CSCE.
Sécurité (…)
Nous condamnons sans réserve comme criminels tous les actes, méthodes et pratiques terroristes et exprimons notre détermination à œuvrer à l’élimination du terrorisme, tant sur le plan bilaté- ral que par une coopération multilatérale. Nous unirons aussi nos forces pour lutter contre le tra- fic des stupéfiants. (…)
Culture
Nous reconnaissons que notre culture commune européenne et nos valeurs partagées ont contri- bué de manière essentielle à surmonter la division du continent. Par conséquent, nous soulignons notre attachement à la liberté créatrice, ainsi qu’à la protection et la promotion de notre patrimoine culturel et spirituel, dans toute sa richesse et sa diversité.
En raison des changements récemment survenus en Europe, nous insistons sur l’importance accrue du Colloque de Cracovie et nous en attendons l’examen de directives pour une coopération
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renforcée dans le domaine de la culture. Nous invitons le Conseil de l’Europe à apporter sa contri- bution à ce Colloque.
Afin de promouvoir une meilleure connaissance mutuelle entre nos peuples, nous favorisons la créa- tion de centres culturels dans les villes d’autres États participants, ainsi qu’une coopération accrue dans le domaine de l’audiovisuel et des échanges plus développés dans le domaine de la musique, du théâtre, de la littérature et des arts.
Nous sommes résolus à faire des efforts particuliers dans nos politiques nationales pour pro- mouvoir une meilleure compréhension, notamment entre les jeunes, par des échanges culturels, la coopération dans tous les domaines de l’éducation et, plus spécifiquement, par l’enseignement et la formation dispensés dans les langues d’autres États participants. Nous avons l’intention d’exa- miner les premiers résultats de cette action lors de la Réunion principale de suivi de Helsinki, qui se tiendra en 1992.
Travailleurs migrants
Nous reconnaissons que les questions relatives aux travailleurs migrants et à leur famille résidant légalement dans les pays d’accueil comportent des aspects économiques, culturels et sociaux, ainsi que leur propre dimension humaine. Nous réaffirmons que la protection et la promotion de leurs droits, ainsi que le respect des obligations internationales correspondantes, sont notre préoccu- pation commune. (…)
Organisations non gouvernementales
Nous rappelons le rôle important joué par les organisations non gouvernementales, les groupes religieux et autres et les particuliers dans la réalisation des objectifs de la CSCE et nous conti- nuerons à faciliter leurs activités en faveur de la mise en œuvre des engagements de la CSCE par les États participants. Pour accomplir les tâches importantes qui sont les leurs, ces organisations, groupes et particuliers doivent être associés de manière appropriée aux activités et aux nouvelles structures de la CSCE.
Structures et institutions nouvelles du processus de la CSCE (…)
Nous décidons d’établir un Bureau des élections libres à Varsovie, pour faciliter les contacts et l’échange d’informations sur les élections dans les États participants. (…)
Document complémentaire relatif à la mise en application de certaines dispositions contenues dans la Charte de Paris pour une nouvelle Europe
Les procédures et les modalités d’organisation relatives à certaines dispositions contenues dans la Charte de Paris pour une nouvelle Europe, signée à Paris, le 21 novembre 1990, sont exposées ci-après.
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I.
Arrangements institutionnels
G. Le bureau des élections libres
1. Le rôle du Bureau des élections libres sera de faciliter les contacts et l’échange d’informations sur les élections dans les États participants. Le Bureau favorisera ainsi l’application des disposi- tions des paragraphes 6, 7 et 8 du Document de la Réunion de Copenhague de la Conférence sur la dimension humaine de la CSCE (...)
2. À cette fin, le Bureau : • recueillera des informations, y compris les informations fournies par les autorités compétentes des États participants, sur les dates, les procédures et les résultats officiels des élections natio- nales organisées dans les États participants, établira des rapports d’observation des élections et fournira, sur demande, ces informations et rapports aux gouvernements, parlements et orga- nisations privées intéressées ; • sera chargé de faciliter les contacts entre les gouvernements, les parlements et les organisations privées désireux d’observer le déroulement des élections et les autorités compétentes des États où les élections doivent se dérouler ; • organisera et accueillera, à la demande des États participants, des séminaires ou autres réunions ayant trait aux procédures électorales et aux institutions démocratiques.
3. Le Bureau tiendra compte des travaux d’autres institutions actives dans ce domaine et coopé- rera avec elles.
4. Le Bureau exécutera les autres tâches que le Conseil lui assignera.
5. Le personnel du Bureau sera composé comme suit : • un directeur, qui sera responsable devant le Conseil par l’intermédiaire du Comité des hauts fonctionnaires ; • un administrateur ; • du personnel administratif et technique, recruté par le directeur du Bureau.
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(…)
Les États participants expriment leur profonde conviction qu’ils partagent des valeurs communes forgées par l’histoire et fondées, entre autres, sur le respect de la personne, la liberté de conscience, de religion ou de conviction, la liberté d’expression, la reconnaissance de l’importance des valeurs spirituelles et culturelles, l’attachement au règne du droit, à la tolérance et à l’ouverture au dia- logue avec les autres cultures.
Ils prennent note de l’interdépendance qui existe entre la vie culturelle et le bien-être des peuples et de l’importance particulière qu’elle représente pour des pays démocratiques évoluant vers une économie de marché. Ils encouragent l’appui tel qu’il est déjà apporté à ces pays et l’aide qu’ils reçoivent actuellement pour préserver et protéger leur patrimoine culturel.
Les États participants respectent l’irremplaçable singularité de chacune de leurs cultures et veille- ront à promouvoir un dialogue culturel continu entre eux et avec le reste du monde. Ils se déclarent à nouveau convaincus que le respect de la diversité culturelle favorise la compréhension et la tolé- rance entre individus et entre groupes.
Ils estiment que les aspects régionaux de la culture devraient constituer en soi un facteur d’en- tente entre les peuples.
La diversité culturelle régionale est un reflet de la richesse de l’identité culturelle commune des États participants. Sa préservation et sa protection contribuent à édifier une Europe démocra- tique, pacifique et unie.
Réaffirmant leur engagement à mettre pleinement en œuvre les dispositions relatives à la dimen- sion culturelle de l’Acte final de Helsinki et des autres documents de la CSCE, les États partici- pants conviennent de ce qui suit :
I. Culture et liberté
1. Les États participants soulignent que le respect des droits de l’homme et des libertés fondamen- tales est essentiel au plein épanouissement de la créativité culturelle.
2. L’État et les autorités nationales s’abstiendront de faire obstacle à la liberté de création artistique.
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3. Les États participants s’engagent à promouvoir et protéger le développement libre et sans entrave de la créativité artistique ; ils reconnaissent le rôle éminent de l’artiste dans la société, respectent et protègent l’intégrité du travail de création.
4. Ils reconnaissent que les gouvernements doivent rechercher un équilibre entre les responsabilités qui leur incombent d’appuyer d’une part l’activité culturelle et d’en garantir la liberté d’autre part.
5. Ils reconnaissent en outre qu’étant donné la diversité des activités culturelles dans les États participants, il existe pour les gouvernements de nombreuses façons d’apporter efficacement des réponses aux problèmes relatifs au patrimoine culturel.
6. Les États participants rappellent leur respect de la liberté d’expression et, s’agissant de ses mani- festations dans le domaine artistique et culturel, déclarent ce qui suit : 6.1 La publication d’œuvres écrites, la représentation et la diffusion d’œuvres musicales, théâ- trales et audiovisuelles et l’exposition des œuvres de peintres ou de sculpteurs ne feront l’objet ni de restrictions ni d’ingérence de la part de l’État, à l’exception des restrictions qui sont prévues par la législation nationale et sont entièrement conformes aux normes internationales. 6.2 Les États participants se déclarent convaincus que l’existence, dans le domaine artistique et culturel, de toute une gamme de moyens de diffusion indépendants de l’État, tels que maisons d’édition, entreprises de radiodiffusion, de cinéma ou de télévision, théâtres et galeries, contribue à assurer le pluralisme et la liberté de l’expression artistique et culturelle.
7. Les États participants rappellent leurs engagements en faveur d’un accès sans entrave à la culture et conviennent de ce qui suit : 7.1 Dans le respect des droits à la propriété intellectuelle, toute personne ou organisation indépen- dante a le droit de posséder à titre privé, d’utiliser et de reproduire tous matériels culturels, tels que livres, publications et enregistrements audiovisuels, ainsi que les moyens de les reproduire.
8. Les États participants sont résolus à promouvoir la connaissance mutuelle de leurs cultures respectives. A cette fin, ils favoriseront la coopération et les échanges dans tous les domaines de la culture et de la création.
9. Les États participants sont convaincus de l’enrichissement que les cultures régionales et locales, y compris celles qui sont liées à des minorités nationales, apportent à la vie culturelle.
II. Culture et Patrimoine
10. Les États participants se déclarent profondément convaincus que le patrimoine culturel de cha- cun d’eux constitue une part inaliénable de leur civilisation, de leur mémoire et de leur histoire commune, qui doit être transmise aux générations futures.
11. Les États participants prennent note des définitions des biens archéologiques, du patrimoine culturel et du patrimoine architectural énoncées dans les documents internationaux pertinents du Conseil de l’Europe et de l’UNESCO.
12. Une documentation complète et durable sur les sites, structures, paysages culturels, objets et systèmes culturels, y compris les monuments historiques religieux et culturels, tels qu’ils existent actuellement, est un des éléments les plus importants du patrimoine culturel qui puisse être légué aux générations futures.
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13. Les États participants reconnaissent en outre comme étant un élément essentiel de leur patri- moine culturel commun le patrimoine constitué par les cultures qui, en raison de la barrière des langues, du climat et des distances géographiques, d’une population limitée ou de circonstances historiques et politiques, n’ont pas été largement accessibles.
14. Les États participants s’efforceront de protéger le patrimoine culturel, conformément aux accords internationaux pertinents et à leur législation nationale.
15. Les États participants tiendront compte des problèmes de préservation, de mise en valeur et de restauration du patrimoine culturel au moment de l’élaboration de leurs politiques de la culture, de l’environnement et de la planification régionale et urbaine. Ils notent en outre qu’il est impor- tant de lier chaque projet de préservation à son environnement urbain ou rural authentique, chaque fois que cela est opportun et possible.
16. Les États participants reconnaissent qu’ils doivent rendre leur patrimoine culturel aussi lar- gement accessible que possible. Ce faisant, ils accorderont une attention particulière aux besoins des personnes handicapées. 16.1 Ils s’efforceront de protéger le patrimoine contre les dommages que sa gestion et l’accès du public pourraient lui faire subir. 16.2 Ils veilleront à mieux sensibiliser le public à la valeur du patrimoine et à la nécessité de le protéger. 16.3 Ils s’efforceront, dans tous les cas où cela sera possible, de faciliter l’accès des chercheurs et des spécialistes aux documents primaires et aux pièces d’archives.
17. Les États participants prennent note avec satisfaction du rôle joué par les associations non gouvernementales dans la prise de conscience de ce que représente le patrimoine et de la néces- sité de le protéger.
18. Aux échelons local, régional et national, les associations entre divers groupes venant des sec- teurs public et privé sont d’une grande utilité pour assurer une préservation efficace et représenta- tive du patrimoine culturel. La préservation et l’explication des valeurs et du patrimoine culturel de divers groupes seront facilitées par la participation de ces groupes, ce qui donnera un résultat d’une importance primordiale, la tolérance et le respect envers les différentes cultures.
19. Les États participants reconnaissent qu’il est utile et important d’échanger des renseignements sur la préservation du patrimoine culturel et que l’utilisation de banques de données, sur le plan national et multilatéral, pourrait apporter une précieuse contribution à cette activité.
III. Principaux domaines de préservation et de coopération
20. Les États participants encourageront la formation, initiale et supérieure, aux divers métiers et professions relatifs à la préservation et à la restauration du patrimoine culturel ainsi qu’à la ges- tion de ce patrimoine. Ils conviennent de se tenir mutuellement informés de toute évolution impor- tante dans ce domaine et de coopérer entre eux. 20.1 La diffusion des connaissances et des qualifications, particulièrement des qualifications en voie de disparition qui touchent au patrimoine culturel, par la formation, l’échange de person- nels, la recherche et la publication d’ouvrages techniques, est nécessaire pour assurer une conti- nuité dans la préservation du patrimoine culturel. En conséquence, ils affirment à nouveau leur engagement à favoriser les échanges bilatéraux et multilatéraux de stagiaires et de spécialistes.
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20.2 Les États participants devraient inviter les organisations professionnelles compétentes à éta- blir un registre national des artisans spécialisés dans la protection et la préservation du patrimoine culturel pour faciliter les contacts entre ces personnes et les utilisateurs de leurs services tant sur le plan national qu’international.
21. Les États participants échangeront des données sur leur politique du patrimoine culturel, par- ticulièrement en ce qui concerne les méthodes, les moyens et les possibilités offerts par les tech- nologies nouvelles.
22. Les États participants s’efforceront d’échanger leurs connaissances et leurs données d’expé- rience dans la publication et la diffusion de matériels imprimés et audiovisuels. 22.1 En vue de mieux sensibiliser le public à la préservation du patrimoine culturel, les États participants tiendront à la disposition des stations de radiodiffusion et de télévision, ainsi que de la presse écrite, des renseignements de nature à les aider à promouvoir la diffusion de l’infor- mation dans ce domaine.
23. Ils s’efforceront d’améliorer les conditions de stockage des biens culturels périssables comme le papier, les films et les matériels sonores enregistrés, d’élaborer des programmes nationaux de préservation du patrimoine culturel périssable et de définir des normes communément accep- tées pour tous les types de transport de biens culturels afin de garantir la permanence de ces biens.
24. Les États participants encourageront l’établissement de liens entre les centres de documenta- tion et les banques de données dans les domaines culturels de manière à faciliter l’échange d’in- formations entre eux.
25. En vue de mieux faire comprendre les valeurs culturelles des pays dont la langue est moins largement répandue, les États participants sont favorables à la diffusion de ces langues sur le plan de la pratique et des études, en particulier par la traduction et la publication d’ouvrages littéraires de ces pays. L’organisation de cours internationaux de formation à l’intention du personnel des médias et des organismes culturels qui se consacrent à la connaissance de langues moins fréquem- ment parlées et de cultures moins largement connues devrait également être envisagée.
26. Reconnaissant l’importante contribution que les religions, leurs institutions et leurs associa- tions apportent au patrimoine culturel, les États participants coopéreront étroitement avec elles en ce qui concerne la préservation du patrimoine culturel et accorderont toute l’attention voulue aux monuments et objets d’origine religieuse dont les communautés originelles n’ont plus l’usage ou n’existent plus dans une région donnée.
27. Ayant présent à l’esprit le rôle important que jouent les éléments régionaux de la culture pour relier des populations par-delà les frontières nationales, les États participants encourageront la coo- pération régionale au niveau tant des autorités locales et nationales que des organisations non gou- vernementales afin de favoriser des relations de bon voisinage.
28. Les États participants porteront toute l’attention voulue à la mise en valeur du patrimoine de la culture populaire du passé, y compris les cultures autochtones et vernaculaires, et encourage- ront une culture populaire contemporaine dans le cadre de leurs efforts généraux en vue de la préser- vation, de l’étude, de la protection et de la promotion de la connaissance mutuelle de leur patrimoine culturel. Les États participants notent qu’il importe de mener des recherches sur diverses formes d’expression de cultures passées et présentes – pratiques symboliques, outils et connaissances tech- niques, art populaire, langues – et de faire le nécessaire pour les mettre en valeur.
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29. Les États participants porteront également leur attention sur les contributions plus récentes au patrimoine culturel (l’art, y compris l’architecture, du XXe siècle).
30. Les États participants coopéreront pour empêcher la circulation illégale d’objets culturels, par exemple en envisageant d’adhérer aux instruments internationaux pertinents.
31. Les États participants s’efforceront de préserver et de protéger les monuments et les sites du sou- venir, tout particulièrement les camps d’extermination, et leurs archives, qui portent par eux- mêmes témoignage des événements tragiques de leur passé commun. De telles mesures doivent être prises afin que ces événements ne tombent pas dans l’oubli ; elles pourront contribuer à ensei- gner aux générations actuelles et futures ce que fut ce passé afin qu’il ne puisse jamais se répéter.
32. L’explication de ce que sont ces lieux chargés de souvenirs douloureux peut constituer un moyen précieux de promouvoir la tolérance et la compréhension, compte tenu de la diversité sociale et culturelle.
33. Les États participants reconnaissent qu’en définissant les priorités dans la préservation, il faut prendre en compte à la fois la valeur intrinsèque du patrimoine culturel, son état relatif de détério- ration et son contenu historique culturel. A cet effet, ils s’efforceront, selon les besoins, d’encoura- ger l’utilisation de cartes des risques, l’échange d’informations et l’organisation d’ateliers in situ, ce qui représente une excellente solution pour faire participer les jeunes générations à ces activités.
34. Les États participants gardent présent à l’esprit que la préservation du statut des monuments et sites de leur histoire et de leur culture constitue, où qu’ils se trouvent, une partie intégrante de l’ensemble des activités entreprises dans le cadre de la CSCE pour préserver et protéger le patri- moine culturel commun.
35. Les États participants estiment qu’il est nécessaire de prendre des mesures concertées pour pro- téger le patrimoine culturel commun contre les dommages causés par l’environnement. A cette fin, ils envisageront de créer des réseaux de collecte de données et de coordination de la recherche ou d’adhérer aux réseaux existants. Ils s’efforceront de coordonner les décisions de politique générale et de prendre des mesures visant directement à réduire l’incidence de la pollution atmosphérique et d’autres agents de détérioration sur le patrimoine culturel commun.
36. En vue de protéger les sites culturels dans un environnement urbain, des mesures seront prises par les États participants pour lutter contre les effets de la pollution sur les ensembles architecturaux des cités menacées, restaurer, préserver et revitaliser les centres urbains historiques et sauvegarder les sites et les protéger contre les dommages provoqués par le flot sans cesse croissant des touristes.
37. Les États participants notent l’importance de la protection du paysage culturel, particulière- ment dans les villages et dans les zones rurales, contre le danger inhérent aux changements dans la structure des activités économiques et à l’incidence de la pollution, en vue spécialement de pro- téger les habitations et les ensembles cohérents du cadre de vie quotidien.
38. Etant donné la contribution que l’histoire naturelle peut apporter à notre compréhension du monde d’aujourd’hui et de son évolution dans l’avenir, les États participants s’efforceront d’en- courager la préservation et l’explication des sites et collections d’histoire naturelle.
39. Les États participants notent l’importance de la sauvegarde des parcs publics et privés et des jardins historiques, en tant qu’œuvre de l’humanité et de la nature, en raison de leur intérêt histo- rique, botanique et social, y compris leurs éléments de décoration et d’architecture.
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40. Les États participants s’efforceront de sauvegarder et de protéger les sites archéologiques qui se trouvent sur leur territoire, y compris les sites immergés. Ils s’en souviendront lorsqu’ils entrepren- dront des activités de développement régional qui représenteront probablement une menace pour les sites qui n’ont pas encore fait l’objet de relevés, de fouilles ou d’une restauration scientifiques.
41. Ils soulignent la nécessité d’une coordination des activités des organisations et institutions inter- nationales, comme le Conseil de l’Europe et l’UNESCO, en vue de contribuer au plein développe- ment de la coopération culturelle entre les États participants. Compte tenu de la nécessité d’éviter le chevauchement des activités, les États participants coopéreront étroitement dans le cadre des organisations internationales compétentes dont ils sont membres. (…)
81 Rapport de la réunion d’experts de la CSCE sur les minorités nationales Genève 1991
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Conformément aux dispositions pertinentes de la Charte de Paris, les représentants des États par- ticipants ont eu une discussion approfondie sur la question des minorités nationales et des droits des personnes appartenant à ces minorités, qui a fait ressortir la diversité des situations et de l’ar- rière-plan juridique, historique, politique et économique. Ils ont eu un échange de vues sur l’expé- rience pratique dans le domaine des minorités nationales, en particulier sur la législation nationale, les institutions démocratiques, les instruments internationaux et d’autres formes éventuelles de coo- pération. Des avis ont été exprimés sur l’exécution des engagements pertinents de la CSCE et les représentants des États participants ont également examiné la mesure dans laquelle les critères cor- respondants peuvent être améliorés. Ils ont en outre examiné de nouvelles mesures visant à amé- liorer l’exécution des engagements susmentionnés.
Un certain nombre de propositions ont été soumises à l’examen des participants à la Réunion et les représentants des États participants, après en avoir délibéré, ont adopté le présent Rapport.
Le texte du Rapport de la Réunion d’experts de Genève sur les minorités nationales sera publié dans chaque État participant, qui le diffusera et le fera connaître aussi largement que possible.
Les représentants des États participants notent que le Conseil prendra en compte les conclusions de la Réunion, conformément aux dispositions de la Charte de Paris pour une nouvelle Europe.
I.
Reconnaissant que le respect et le plein exercice des droits de l’homme et des libertés fondamen- tales, y compris ceux des personnes appartenant à des minorités nationales, sont le fondement de la nouvelle Europe,
Réaffirmant leur profonde conviction que des relations amicales entre leurs peuples, de même que la paix, la justice, la stabilité et la démocratie, exigent que l’identité ethnique, culturelle, lin- guistique et religieuse des minorités nationales soit protégée et que soient créées les conditions de la promotion de cette identité,
Convaincus que, dans des États où existent des minorités nationales, la démocratie exige que toutes les personnes, y compris celles qui appartiennent à de telles minorités, jouissent d’une égalité totale et effective de leurs droits et libertés fondamentales et bénéficient des avantages inhérents à l’État de droit et aux institutions démocratiques,
Tenant compte de la diversité des situations et des systèmes constitutionnels dans leurs pays et recon- naissant par conséquent que diverses méthodes conviennent pour mettre en œuvre les engagements pris dans le cadre de la CSCE en ce qui concerne les minorités nationales,
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Conscients qu’il est important de faire des efforts pour traiter des questions relatives aux minorités nationales, en particulier là où les institutions démocratiques sont en cours de consolidation et où les questions relatives aux minorités nationales appellent une attention spéciale,
Tenant compte de ce que les minorités nationales font partie intégrante de la société des États dans lesquels elles vivent et qu’elles sont un facteur d’enrichissement de chacun de ces États et de cha- cune de ces sociétés,
Confirmant qu’il est nécessaire de respecter et exécuter pleinement et équitablement leurs engage- ments dans le domaine des droits de l’homme et des libertés fondamentales, tels qu’énoncés dans les instruments internationaux par lesquels ils peuvent être liés,
Réaffirmant qu’ils sont fermement résolus à respecter et appliquer dans leur intégralité tous les engagements relatifs aux minorités nationales et aux personnes appartenant à ces minorités qu’ils ont contractés dans l’Acte final de Helsinki, dans les Documents de clôture de Madrid et de Vienne, dans le Document de la Réunion de Copenhague de la Conférence sur la dimension humaine de la CSCE, dans le Document du Colloque de Cracovie sur le patrimoine culturel, ainsi que dans la Charte de Paris pour une nouvelle Europe, les États participants présentent ci-après le résumé de leurs conclusions.
Les représentants des États participants se sont fondés, pour leurs travaux, sur les engagements qu’ils ont contractés en ce qui concerne les minorités nationales, tels qu’ils apparaissent dans les docu- ments pertinents adoptés dans le cadre de la CSCE, en particulier ceux que contiennent la Charte de Paris pour une nouvelle Europe et le Document de la Réunion de Copenhague de la Conférence sur la dimension humaine de la CSCE, qu’ils ont pleinement réaffirmés.
II.
Les États participants soulignent l’importance d’un examen approfondi continu de l’exécution des engagements qu’ils ont pris dans le cadre de la CSCE en ce qui concerne les personnes apparte- nant à des minorités nationales.
Ils soulignent que les droits de l’homme et les libertés fondamentales sont le fondement de la pro- tection et de la promotion des droits des personnes appartenant à des minorités nationales. Ils reconnaissent en outre que les questions relatives aux minorités nationales ne peuvent être réso- lues de manière satisfaisante que dans un cadre politique démocratique fondé sur l’État de droit, avec un système judiciaire indépendant et efficace. Un tel cadre garantit le plein respect des droits de l’homme et des libertés fondamentales, l’égalité des droits et de condition pour tous les citoyens, y compris pour les personnes appartenant à des minorités nationales, la libre expression de tous leurs intérêts et aspirations légitimes, le pluralisme politique, la tolérance sociale et l’application des dispositions légales qui s’opposent de façon effective aux abus de pouvoir de la part de l’État.
Les problèmes concernant les minorités nationales, de même que le respect des obligations et enga- gements internationaux relatifs aux droits des personnes appartenant à ces minorités, sont des questions qui appellent à juste titre l’attention de tous les pays et ne constituent donc pas exclusi- vement une affaire intérieure à chaque État.
Ils notent que toutes les différences ethniques, culturelles, linguistiques ou religieuses ne conduisent pas nécessairement à la création de minorités nationales.
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III.
Respectant le droit des personnes appartenant à des minorités nationales de prendre effectivement part aux affaires publiques, les États participants estiment que, lorsque sont débattus dans leur pays des problèmes relatifs à la situation des minorités nationales, ces dernières devraient avoir la possibi- lité effective de jouer un rôle, conformément aux procédures de prise de décisions propres à chaque État. Ils estiment en outre qu’une participation démocratique appropriée des personnes apparte- nant à des minorités nationales, ou de représentants de celles-ci, dans des organes de décision ou de consultation constitue un élément important d’une participation effective aux affaires publiques.
Ils considèrent que des efforts particuliers doivent être faits pour résoudre les problèmes spéci- fiques d’une manière constructive et en ayant recours au dialogue, par voie de négociations et de consultations, en vue d’améliorer la situation des personnes appartenant à des minorités natio- nales. Ils reconnaissent qu’on ne saurait mieux promouvoir le dialogue entre États, ainsi qu’entre les États et les personnes appartenant à des minorités nationales, qu’en assurant une libre circula- tion des informations et des idées entre toutes les parties. Ils encouragent les efforts unilatéraux, bilatéraux et multilatéraux de la part des gouvernements pour étudier les moyens de renforcer l’ef- ficacité de l’exécution par chacun d’eux des engagements pris dans le cadre de la CSCE en ce qui concerne les minorités nationales.
Les États participants considèrent en outre que le respect des droits de l’homme et des libertés fon- damentales doit être assuré d’une manière non discriminatoire dans l’ensemble de la société. Là où vivent principalement des personnes appartenant à une minorité nationale, les droits de l’homme et les libertés fondamentales des personnes appartenant à cette minorité, des personnes apparte- nant à la population majoritaire de l’État concerné et des personnes appartenant à d’autres mino- rités nationales résidant dans la même région seront protégés de la même façon.
Ils confirment à nouveau que les personnes appartenant à des minorités nationales ont le droit d’ex- primer, de préserver et de développer librement leur identité ethnique, culturelle, linguistique ou religieuse et de conserver et développer leur culture sous tous ses aspects, en étant à l’abri de toute tentative d’assimilation contre leur gré.
Ils autoriseront les autorités compétentes à informer le Bureau des élections libres de toute élec- tion publique prévue sur leur territoire, y compris celles qui seront organisées à un niveau infé- rieur au niveau national. Les États participants considéreront favorablement, dans la mesure où la loi le permet, la présence d’observateurs à des élections tenues à un niveau inférieur au niveau national, en particulier là où vivent des minorités nationales, et ils s’efforceront de leur en facili- ter l’accès sur les lieux.
IV.
Les États participants créeront les conditions voulues pour que les personnes appartenant à des minorités nationales aient des chances égales de prendre une part effective à la vie publique, aux activités économiques et à la construction de leurs sociétés respectives.
Conformément aux dispositions du paragraphe 31 du Document de Copenhague, les États parti- cipants prendront les mesures nécessaires pour prévenir toute discrimination à l’encontre de per- sonnes, notamment en matière d’emploi, de logement et d’éducation, sur la base de l’appartenance ou de la non-appartenance à une minorité nationale. Dans ce contexte ils offriront, s’ils ne l’ont déjà fait, des moyens de recours efficaces aux personnes ayant fait l’objet d’un traitement discri- minatoire sur la base de leur appartenance ou de leur non-appartenance à une minorité nationale,
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notamment en offrant aux personnes victimes d’une discrimination un large éventail de recours administratifs et juridictionnels.
Les États participants sont convaincus que la préservation des valeurs et du patrimoine cultu- rel des minorités nationales nécessite la participation des personnes appartenant à ces minorités et que la tolérance et le respect des différentes cultures sont d’une importance primordiale à cet égard. En conséquence ils confirment qu’il importe de s’abstenir de faire obstacle à la production de matériels culturels concernant les minorités nationales, y compris par des personnes apparte- nant à ces minorités.
Les États participants affirment que les personnes appartenant à une minorité nationale jouiront des mêmes droits et auront les mêmes devoirs, en tant que citoyens, que le reste de la population.
Les États participants réaffirment qu’il est important d’adopter, s’il y a lieu, des mesures spéciales destinées à garantir aux personnes appartenant à des minorités nationales la pleine égalité avec les autres citoyens dans l’exercice et la jouissance des droits de l’homme et des libertés fondamen- tales. Ils rappellent en outre qu’il y a lieu de prendre les mesures nécessaires pour protéger l’iden- tité ethnique, culturelle, linguistique et religieuse des minorités nationales vivant sur leur territoire et créer des conditions propres à promouvoir cette identité ; toute mesure de cette nature devra être conforme aux principes d’égalité et de non-discrimination à l’égard des autres citoyens de l’État participant concerné.
Ils reconnaissent que ces mesures, dans lesquelles sont notamment prises en considération les conditions historiques et territoriales des minorités nationales, sont particulièrement importantes là où des institutions démocratiques sont en cours de consolidation et où les questions relatives aux minorités nationales appellent une attention particulière.
Conscients de leur diversité de leurs systèmes constitutionnels qui varient d’un pays à l’autre, qui fait qu’une seule et même approche n’est pas nécessairement partout applicable, les États partici- pants notent avec intérêt que des résultats positifs ont été obtenus par certains d’entre eux, selon des voies démocratiques appropriées, entre autres : • par des organes de consultation et de décision dans lesquels les minorités sont représentées, en particulier pour ce qui est de l’éducation, de la culture et de la religion ; • par des organes et assemblées élus chargés des affaires des minorités nationales ; • par une administration locale et autonome, ainsi que par une autonomie sur une base territo- riale, notamment grâce à l’existence d’organes consultatifs, législatifs et exécutifs constitués par voie d’élections libres et périodiques ; • par la gestion autonome, par une minorité nationale, des aspects relatifs à son identité dans les cas où une autonomie sur une base territoriale n’est pas applicable ; • par des formes décentralisées ou locales d’administration ; • par des accords bilatéraux et multilatéraux et d’autres arrangements concernant les minorités nationales ; • en offrant aux personnes appartenant à des minorités nationales un enseignement dans leur langue maternelle, d’un type et d’un niveau satisfaisants, compte dûment tenu de l’effectif, des schémas de répartition géographique et des traditions culturelles de ces minorités ; • par le financement de l’enseignement des langues des minorités dans le grand public en incluant ces langues dans l’enseignement dispensé dans les établissements de formation pédagogique, en particulier dans les régions où vivent des personnes appartenant à des minorités nationales ;
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• en prenant, dans les cas où l’enseignement d’une discipline donnée ne peut pas être assuré sur leur territoire, à tous les niveaux, dans la langue des minorités, les mesures nécessaires pour dégager les modalités de reconnaissance des diplômes délivrés à l’étranger et sanctionnant l’ac- complissement d’un cycle d’études dans cette langue ; • par la création d’organismes publics de recherche ayant pour mission d’examiner la législation et de diffuser des informations concernant l’égalité des droits et la non-discrimination ; • par l’octroi d’une assistance financière et technique aux personnes appartenant à des minori- tés nationales qui désirent exercer leur droit d’établir leurs propres institutions, organisations et associations éducatives, culturelles et religieuses et d’en assurer le fonctionnement ; • par l’assistance de l’État pour résoudre des difficultés locales liées à des pratiques discrimina- toires (par exemple, par un service de relations entre citoyens) ; • par l’encouragement des efforts portant au niveau le plus élémentaire sur les relations sociales entre communautés minoritaires, entre communautés majoritaires et communautés minori- taires et entre communautés voisines ayant une frontière commune, afin de prévenir l’appari- tion de tensions locales et de régler de manière pacifique d’éventuels conflits ; • en encourageant la mise en place de commissions mixtes permanentes, intergouvernementales ou régionales, pour faciliter un dialogue constant entre les régions frontalières concernées.
Les États participants sont d’avis que ces approches, ou d’autres, mises en œuvre séparément ou de manière combinée, peuvent contribuer utilement à l’amélioration de la situation des minorités nationales sur leur territoire.
V.
Les États participants respectent le droit des personnes appartenant à des minorités nationales d’exercer et de jouir, individuellement ou en commun, de leurs droits de créer et de maintenir des organisations et associations dans leur pays, et de participer à des organisations internationales non gouvernementales.
Les États participants réaffirment le droit des personnes appartenant à des minorités nationales de créer et de maintenir leurs propres institutions, organisations et associations éducatives, cultu- relles et religieuses, et ne s’opposeront pas à l’exercice de ce droit.
A cet égard, ils reconnaissent le rôle majeur et déterminant que jouent les personnes, les organisa- tions non gouvernementales et les groupes, confessionnels et autres, dans la promotion de la com- préhension entre les cultures et dans l’amélioration des relations, à tous les niveaux de la société ainsi que par-delà les frontières internationales.
Ils sont convaincus que l’observation directe et l’expérience de ces organisations, groupes et indivi- dus peuvent être extrêmement précieuses pour promouvoir l’exécution des engagements de la CSCE relatifs aux personnes appartenant à des minorités nationales. Ils encourageront donc les travaux de ces organisations, groupes et individus et n’y feront pas obstacle, et ils accueilleront favorable- ment leurs contributions en la matière.
VI.
Les États participants, préoccupés par la prolifération des actes inspirés par la haine raciale, eth- nique et religieuse, par l’antisémitisme, la xénophobie et la discrimination, soulignent leur déter- mination à condamner sans relâche les actes de cette nature contre quiconque.
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Dans ce contexte, ils réaffirment qu’ils ont reconnu les problèmes spécifiques des Roms (Gitans). Ils sont prêts à prendre des mesures efficaces pour assurer une pleine égalité des chances entre les personnes faisant partie des Roms et résidant habituellement sur leur territoire et le reste des rési- dents. Ils encourageront également la recherche et les études sur les Roms et sur les problèmes par- ticuliers que ceux-ci connaissent.
Ils prendront des mesures efficaces pour promouvoir sur leur territoire la tolérance, la compréhen- sion, l’égalité des chances et les bonnes relations entre personnes d’origines différentes.
De plus, les États participants prendront des mesures efficaces et notamment adopteront, s’ils ne l’ont déjà fait, conformément à leur système constitutionnel et à leurs obligations internationales, des lois pour interdire tout acte constituant une incitation à la violence, motivé par la discrimina- tion, l’hostilité ou la haine de caractère national, racial, ethnique ou religieux, y compris l’antisé- mitisme, ainsi que des mesures propres à garantir l’application de ces lois.
En outre, pour que l’opinion publique prenne mieux conscience des préjugés et de la haine, que les lois contre les crimes liés à la haine soient mieux appliquées et que, d’une façon générale, les efforts visant à combattre la haine et les préjugés dans la société soient poursuivis, ils s’efforce- ront de recueillir, de publier régulièrement et de mettre à la disposition du public des données sur les crimes commis sur leur territoire, inspirés par des préjugés fondés sur la race, l’identité eth- nique ou la religion, y compris les directives suivies pour la collecte de ces données. Ces données ne devraient pas contenir d’informations ayant un caractère personnel.
Ils se consulteront et échangeront des points de vue et des informations au niveau international, y compris lors de futures réunions de la CSCE, au sujet des crimes qui sont l’expression des pré- jugés et de la haine.
VII.
Convaincus que la protection des droits des personnes appartenant à des minorités nationales exige que la circulation de l’information et l’échange des idées soient libres, les États participants sou- lignent l’importance de la communication entre personnes appartenant à des minorités nationales sans intervention des pouvoirs publics et indépendamment des frontières. L’exercice de ces droits ne peut être limité que par les seules restrictions qui sont prescrites par la loi et qui sont conformes aux normes internationales. Ils réaffirment qu’aucune personne appartenant à une minorité natio- nale, simplement parce qu’il appartient à cette minorité, ne fera l’objet de sanctions pénales ou administratives pour avoir eu des contacts à l’intérieur ou en dehors de son propre pays.
En ce qui concerne l’accès aux médias, ils n’exerceront aucune discrimination contre quiconque pour des raisons ethniques, culturelles, linguistiques ou religieuses. Ils fourniront des informa- tions qui aideront les organes d’information audiovisuels à tenir compte, dans leurs programmes, de l’identité ethnique, culturelle, linguistique et religieuse des minorités nationales.
Ils réaffirment que l’établissement et le maintien de contacts libres entre personnes appartenant à une minorité nationale, ainsi que de contacts transfrontaliers entre des personnes appartenant à une minorité nationale et d’autres personnes avec lesquelles elles ont en commun une origine ethnique ou nationale, un patrimoine culturel ou une croyance religieuse, contribuent à la com- préhension mutuelle et favorisent des relations de bon voisinage.
Ils encouragent par conséquent des arrangements de coopération transfrontalière aux niveaux natio- nal, régional et local, notamment dans les domaines du passage des frontaliers, de la préservation
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et de la visite des monuments et sites culturels et historiques, du tourisme, de l’amélioration des communications, de l’économie, des échanges de jeunes, de la protection de l’environnement et de la création de commissions régionales.
Ils encourageront aussi la mise en place de dispositifs informels (par exemple des ateliers, des comités aussi bien à l’intérieur d’un État participant qu’entre plusieurs de ces États) là où vivent des minorités nationales, pour examiner des questions relatives à ces minorités, procéder à des échanges de données d’expérience et présenter des propositions sur ces questions.
Afin d’améliorer leur information au sujet de la situation réelle des minorités nationales, les États participants diffuseront à titre volontaire aux autres États participants, par l’intermédiaire du Secré- tariat de la CSCE, des informations sur la situation des minorités nationales vivant sur leur terri- toire, ainsi que le texte de déclarations relatives à leur politique nationale dans ce domaine.
Les États participants confieront au Secrétariat de la CSCE des exemplaires des contributions faites en séance plénière de la Réunion d’experts de la CSCE sur les minorités nationales, qu’ils sou- haitent rendre accessibles au public.
VIII.
Les États participants se félicitent de la contribution positive des représentants des Nations Unies et du Conseil de l’Europe aux travaux de la Réunion d’experts de Genève sur les minorités natio- nales. Ils notent que le travail et les activités de ces organisations seront d’un intérêt constant pour la CSCE lorsqu’elle examinera des questions relatives aux minorités nationales.
Les États participants relèvent que des mécanismes appropriés de la CSCE pourraient être utiles pour traiter des questions relatives aux minorités nationales. Ils recommandent en outre que
la troisième Réunion de la Conférence sur la dimension humaine de la CSCE envisage de déve- lopper le mécanisme de la dimension humaine. Ils encourageront les individus, y compris les per- sonnes appartenant à des minorités nationales, à participer à la protection de leurs droits.
Enfin, les représentants des États participants prient le Secrétaire exécutif de la Réunion de trans- mettre le présent Rapport à la troisième Réunion de la Conférence sur la dimension humaine de la CSCE.
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Les États participants renouvellent leur engagement de mettre pleinement en œuvre tous les prin- cipes et dispositions de l’Acte final de la Conférence sur la sécurité et la coopération en Europe, de la Charte de Paris pour une nouvelle Europe et des autres documents de la CSCE concernant la dimension humaine, y compris, en particulier, le Document de la Réunion de Copenhague de la Conférence sur la dimension humaine de la CSCE, et ils sont déterminés à accomplir encore de nouveaux progrès dans l’application de ces dispositions, étant donné que le plein respect des droits de l’homme et des libertés fondamentales et le développement de sociétés se fondant sur une démocratie pluraliste et sur l’État de droit sont les conditions préalables à un ordre durable de paix, de sécurité, de justice et de coopération en Europe.
Dans ce contexte, les États participants ont souligné qu’aux termes des dispositions de l’Acte final de la Conférence sur la sécurité et la coopération en Europe et de la Charte de Paris pour une nou- velle Europe, l’égalité des droits des peuples et leur droit à l’autodétermination doivent être respec- tés conformément à la Charte des Nations Unies et aux normes pertinentes du droit international, notamment celles qui ont trait à l’intégrité territoriale des États.
A la Réunion de Moscou, les États participants ont exprimé des vues sur la mise en œuvre de leurs engagements dans le domaine de la dimension humaine. Ils ont considéré que le respect des engage- ments contenus dans les dispositions pertinentes des documents de la CSCE avait marqué de nou- veaux progrès substantiels depuis la Réunion de Copenhague. Ils ont aussi estimé qu’en dépit des notables progrès accomplis, les principes et les dispositions de la CSCE faisaient encore l’ob- jet de graves menaces et de violations, ce qui avait de sérieuses conséquences sur l’évaluation de la situation générale en Europe. Ils ont en particulier déploré les actes de discrimination, d’hos- tilité et de violence commis contre des personnes ou des groupes pour des motifs nationaux, eth- niques ou religieux. Les États participants ont donc été d’avis que l’application intégrale de leurs engagements relatifs à la dimension humaine exigeait encore des efforts constants et que les pro- fonds changements politiques qui se sont produits y apporteraient une contribution substantielle.
Les États participants soulignent que les questions relatives aux droits de l’homme, aux libertés fondamentales, à la démocratie et à l’État de droit sont un sujet de préoccupation internationale car le respect de ces droits et libertés constitue l’un des fondements de l’ordre international. Ils déclarent catégoriquement et irrévocablement que les engagements contractés dans le domaine de la dimension humaine de la CSCE sont un sujet de préoccupation directe et légitime pour tous les États participants et qu’ils ne relèvent pas exclusivement des affaires intérieures de l’État en cause. Ils se déclarent résolus à remplir tous leurs engagements relatifs à la dimension humaine et à résoudre par des moyens pacifiques toute question connexe, individuellement et collective- ment, sur la base du respect mutuel et de la coopération. Dans ce contexte, ils reconnaissent que
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la participation active de personnes, de groupes, d’organisations ou d’institutions est essentielle à la poursuite des progrès dans cette voie.
Les États participants expriment leur détermination collective de garantir davantage les droits de l’homme et les libertés fondamentales et de consolider les progrès de la démocratie sur leur ter- ritoire. Ils reconnaissent également la nécessité pressante d’augmenter l’efficacité de la CSCE lors- qu’elle traite des questions concernant les droits de l’homme qui apparaissent sur leurs territoires dans cette période de profonds changements en Europe.
Afin de renforcer et d’élargir le mécanisme de la dimension humaine décrit dans la section du Docu- ment de clôture de Vienne consacrée à la dimension humaine et de compléter et d’approfondir les engagements inscrits dans le Document de la Réunion de Copenhague, les États participants adoptent les dispositions suivantes :
I
(1) Les États participants soulignent que le mécanisme de la dimension humaine exposé aux para- graphes 1 à 4 de la section du Document de clôture de Vienne consacrée à la dimension humaine de la CSCE constitue une réalisation essentielle du processus de la CSCE, qui a fait ses preuves comme méthode permettant de renforcer le respect des droits de l’homme, des libertés fondamen- tales, de la démocratie et de l’État de droit par le dialogue et la coopération et d’aider à résoudre des questions particulières dans ce domaine. Afin d’améliorer encore l’application des engagements de la CSCE relatifs à la dimension humaine, ils décident de renforcer l’efficacité de ce mécanisme en le consolidant et en le développant de la façon indiquée aux paragraphes suivants.
(2) Les États participants décident de modifier les alinéas 42.1 e 42.2 du Document de la Réunion de Copenhague de telle sorte qu’ils adresseront dans le plus court délai possible, au maximum dans les dix jours, une réponse écrite aux demandes d’information et aux représentations qui leur auront été adressées par écrit par d’autres États participants en application du paragraphe 1 de la section consacrée au mécanisme de la dimension humaine. Comme le prévoit le paragraphe 2 de cette section, des réunions bilatérales se tiendront dès que possible et, en règle générale, dans un délai d’une semaine à compter de la date de la demande.
(3) Une liste sur laquelle chaque État participant fait inscrire jusqu’à trois experts sera constituée sans délai auprès de l’Institution* de la CSCE. Ces experts seront des personnalités éminentes, ayant de préférence une expérience dans le domaine de la dimension humaine, et présentant toutes les garanties d’impartialité dans l’exercice de leurs fonctions.
Les experts seront nommés, à la discrétion de l’État qui les désigne, pour une période de trois à six ans, aucun d’eux ne pouvant exercer consécutivement plus de deux mandats. Dans les quatre semaines suivant la notification par l’Institution de la CSCE de la désignation, tout État participant ne peut émettre des réserves qu’à l’encontre de deux experts au maximum par État participant. Dans ce cas, l’État ayant désigné ce ou ces experts dispose de quatre semaines à partir de la date à laquelle de telles réserves lui auront été notifiées pour réexaminer sa décision et désigner un ou d’autres experts ; s’il confirme son choix initial, le ou les experts visés ne peuvent participer à aucune procédure concernant l’État ayant émis une réserve sans que ce dernier n’y consente expressément.
La liste pourra être utilisée dès qu’elle comptera 45 experts.
* Le Conseil décidera quelle sera cette institution.
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(4) Un État participant peut demander l’assistance d’une mission de la CSCE constituée d’un nombre d’experts pouvant aller jusqu’à trois pour examiner ou contribuer à résoudre sur son territoire des questions relatives à la dimension humaine de la CSCE. Dans ce cas, l’État choisira cette per- sonne ou ces personnes à partir de la liste. La mission d’experts ne comptera pas de ressortissant ou résident de l’État participant, ni aucune personne que cet État aura fait inscrire sur la liste, ni plus d’un ressortissant ou résident d’un État donné.
L’État invitant fera savoir sans délai à l’Institution de la CSCE qu’une mission d’experts a été consti- tuée et l’Institution de la CSCE en adressera à son tour notification à tous les États participants. Les institutions de la CSCE apporteront également, si besoin est, à une telle mission le soutien approprié.
(5) Le but d’une mission d’experts est d’aider à résoudre une question ou un problème particulier relevant de la dimension humaine de la CSCE. Une telle mission pourra recueillir l’information nécessaire à l’accomplissement de sa tache et, s’il y a lieu, exercer ses bons offices et sa médiation dans le but de favoriser le dialogue et la coopération entre les parties. L’État concerné conviendra avec la mission du mandat exact de celle-ci et pourra, ce faisant, lui confier d’autres tâches, consis- tant notamment à mener des enquêtes ou fournir des services consultatifs, de manière à proposer des moyens permettant de faciliter le respect des engagements souscrits dans le cadre de la CSCE.
(6) L’État invitant coopérera pleinement avec la mission d’experts et lui facilitera la tâche. Il lui accordera tous les moyens nécessaires pour qu’elle puisse exercer ses fonctions de manière indé- pendante. Il lui permettra notamment, pour pouvoir accomplir sa tâche, d’entrer sur son territoire sans délai, d’y avoir des entretiens et de s’y déplacer librement, de rencontrer librement des repré- sentants officiels, des organisations non gouvernementales, ainsi que tout individu ou groupe des- quels elle souhaitera obtenir des informations. La mission pourra également obtenir de manière confidentielle de la part de tout individu, groupe ou organisation des informations sur des ques- tions dont elle est saisie. Ses membres veilleront au respect de la confidentialité de leurs travaux.
Les États participants ne prendront aucune mesure à l’encontre de personnes, d’organisations ou d’institutions pour avoir eu des contacts avec la mission d’experts ou lui avoir communiqué des informations relevant du domaine public. L’État invitant fera droit à toute demande présentée par une mission d’experts en vue d’être accompagnée par des représentants officiels de cet État si cette mission estime qu’ainsi sa tâche serait facilitée ou sa sécurité garantie.
(7) La mission d’experts communiquera ses observations à l’État invitant dans les meilleurs délais, si possible dans les trois semaines qui suivent sa constitution. L’État invitant communiquera aux autres États participants, par le canal de l’Institution de la CSCE, dans les trois semaines suivant la date à laquelle elles lui auront été soumises, les observations de la mission ainsi que l’exposé de toute mesure qu’elle aura prise ou entendra prendre en conséquence.
Ces observations et les commentaires formulés éventuellement par l’État invitant pourront être discutés par le Comité des hauts fonctionnaires, qui pourra étudier toute suite éventuelle à don- ner. Ces observations et ces commentaires resteront confidentiels tant qu’ils n’auront pas été por- tés à l’attention de ce Comité. Tant que ces observations et commentaires n’auront pas été diffusés, aucune autre mission d’experts ne pourra être constituée à propos de la même question.
(8) En outre, un ou plusieurs États participants ayant appliqué les dispositions du paragraphe 1 ou du paragraphe 2 du mécanisme de la dimension humaine peuvent prier l’Institution de la CSCE de demander à un autre État participant si ce dernier accepterait d’inviter une mission d’experts chargée d’étudier sur son territoire une question particulière, expressément définie, ayant trait
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à la dimension humaine de la CSCE. Si l’autre État participant accepte d’inviter une mission d’ex- perts à cette fin, la procédure définie aux paragraphes 4 à 7 est alors applicable.
(9) Si un État participant (a) a adressé une requête aux termes du paragraphe 8 à un autre État participant et que cet État n’a pas constitué une mission d’experts dans un délai de dix jours après que la demande lui a été faite, ou (b) estime que la mission d’experts n’a pas permis de résoudre la question, il peut, avec le soutien d’au moins cinq autre États participants, demander la consti- tution d’une mission de rapporteurs de la CSCE, dont le nombre peut s’élever à trois. Cette déci- sion est alors communiquée à l’Institution de la CSCE, qui la notifiera sans délai à l’État concerné ainsi qu’aux autres États participants.
(10) Le ou les États requérants peuvent choisir sur la liste un rapporteur de la CSCE. L’État requis peut, s’il le désire, désigner un autre rapporteur sur la liste dans les six jours suivant la notification par l’Institution de la CSCE de la désignation du rapporteur. Dans ce cas, les deux rapporteurs désignés, qui ne peuvent être ressortissants ni résidents de l’un des États concernés, ni avoir été inscrits sur la liste par un de ces États, désignent d’un commun accord et sans retard un troisième rapporteur sur la liste. Dans le cas où ils ne parviennent pas à un accord dans un délai de huit jours, un troisième rapporteur, qui ne peut être ni ressortissant ni résident de l’un des États concernés, ni être une personne inscrite sur la liste par un de ces États, sera choisi sur la liste par le membre du rang le plus élevé de l’organe de la CSCE désigné par le Conseil. Les dispositions de la deu- xième partie du paragraphe 4 et de la totalité du paragraphe 6 s’appliquent également à une mis- sion de rapporteurs.
(11) Le ou les rapporteurs de la CSCE établiront les faits, feront rapport à ce sujet et pourront formu- ler un avis sur les solutions possibles à la question soulevée. Le rapport, qui contient une constata- tion des faits, des propositions ou des avis, sera soumis à l’État ou aux États participants concernés et, à moins que tous les États concernés n’en conviennent autrement, à l’Institution de la CSCE, dans les trois semaines qui suivent la désignation du dernier rapporteur. L’État requis soumettra à l’institution de la CSCE toutes observations concernant le rapport dans les trois semaines sui- vant la soumission de ce rapport à moins que tous les États concernés n’en conviennent autrement.
L’Institution de la CSCE transmettra sans délai le rapport ainsi que toutes observations formulées par l’État requis ou par tout autre État participant à tous les États participants. Le rapport pourra être inscrit à l’ordre du jour de la réunion ordinaire suivante du Comité des hauts fonctionnaires, lequel pourra décider de la suite éventuelle à donner. Le rapport restera confidentiel jusqu’au terme de cette réunion du Comité. Tant que ce rapport n’aura pas été distribué, aucun autre rapporteur ne pourra être désigné à propos de la même question.
(12) Si un État participant estime qu’il existe, dans un autre État participant, un risque particu- lièrement grave que les dispositions de la CSCE concernant la dimension humaine ne soient pas respectées, il peut, avec l’appui d’au moins neuf autres États participants, engager la procédure énoncée au paragraphe 10. Les dispositions du paragraphe 11 sont alors applicables.
(13) Le Comité des hauts fonctionnaires peut, à la demande de tout État participant, décider de constituer une mission d’experts ou de rapporteurs de la CSCE. Dans ce cas, il décide égale- ment s’il y a lieu d’appliquer les dispositions pertinentes des paragraphes précédents.
(14) Le ou les États participants qui auront demandé la constitution d’une mission d’experts ou de rapporteurs subviendront aux frais de cette mission. Dans le cas où les experts ou les rapporteurs auront été désignés en application d’une décision du Comité des hauts fonctionnaires, les dépenses seront assumées par les États participants conformément au barème habituel de répartition de ces
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dépenses. Ces dispositions seront réexaminées lors de la Réunion principale de suivi de la CSCE qui se tiendra à Helsinki.
(15) Rien de ce qui précède ne porte atteinte, de quelque manière que ce soit, au droit des États participants de soulever, dans le cadre du processus de la CSCE, une question relative au respect d’un engagement souscrit dans ce cadre, notamment d’un engagement ayant trait à la dimension humaine de la CSCE.
(16) En examinant s’il y a lieu d’appliquer les procédures énoncées aux paragraphes 9 et 10 ou au paragraphe 12 en ce qui concerne le cas d’une personne, les États participants devraient s’assu- rer que le cas de cette personne ne fait pas déjà l’ objet d’une procédure judiciaire internationale.
Toute mention du Comité des hauts fonctionnaires dans le présent document est faite sous réserve du Comité lui-même et du Conseil.
II
(17) Les États participants, (17.1) – condamnent sans réserve les forces qui tenteraient de renverser le gouvernement représen- tatif d’un État participant contre la volonté du peuple, exprimée par des élections libres et loyales, et en violation de l’ordre constitutionnel régulièrement établi ; (17.2) – soutiendront vigoureusement, conformément à la Charte des Nations Unies, en cas de ren- versement ou de tentative de renversement par des moyens antidémocratiques du gouvernement légalement élu d’un État participant à la CSCE, les organes légitimes de cet État qui défendent les droits de l’homme, la démocratie et l’État de droit, en vertu de l’engagement qu’ils ont pris en com- mun de s’opposer à toute tentative de porter atteinte à ces valeurs fondamentales ; (17.3) – reconnaissent qu’il est nécessaire de faire de nouveaux efforts pacifiques en ce qui concerne les droits de l’homme, le démocratie et l’État de droit dans le contexte de la sécurité et de la coopé- ration en Europe, tant individuellement que collectivement, pour rendre irréversibles les progrès démocratiques et éviter de reculer en deçà des normes établies par les principes et les dispositions de l’Acte final, du Document de clôture de Vienne, du Document de la Réunion de Copenhague, de la Charte de Paris pour une nouvelle Europe et du présent document.
(18) Les États participants rappellent leur adhésion aux principes de l’État de droit telle qu’elle est exprimée dans le Document de la Réunion de Copenhague et affirment qu’ils sont déterminés à soutenir et faire progresser les principes de la justice qui constituent la base de l’État de droit. Ils réaffirment en particulier que la démocratie est inhérente à l’État de droit et ils soulignent l’im- portance du pluralisme politique. (18.1) Les lois seront élaborées et adoptées au terme d’une procédure ouverte exprimant la volonté du peuple, directement ou par l’intermédiaire de ses représentants élus. (18.2) Tout individu disposera d’un recours effectif contre les décisions administratives de façon à garantir le respect des droits fondamentaux et à assurer la sécurité juridique. (18.3) A cette même fin, des voies de recours contre les règlements administratifs seront ouvertes à toute personne à qui ces règlements auraient causé un préjudice. (18.4) Les États participants veilleront à prévoir un recours juridictionnel contre de tels règle- ments et décisions.
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(19) Les États participants, (19.1) – respecteront les normes internationalement reconnues en ce qui concerne l’indépendance des juges et des avocats, ainsi que le fonctionnement impartial de la justice, notamment les normes inscrites dans la Déclaration universelle des droits de l’homme et le Pacte international relatif aux droits civils et politiques ; (19.2) – en appliquant ces normes et engagements, veilleront particulièrement à ce que l’indépen- dance de la magistrature soit garantie et inscrite dans la constitution ou dans la législation natio- nale et qu’elle soit effectivement respectée, en accordant une attention particulière aux Principes fondamentaux relatifs à l’indépendance de la magistrature, qui ont pour objet, notamment (i) d’interdire que la magistrature soit soumise à des influences abusives ; (ii) d’empêcher que les décisions judiciaires puissent être révisées par les autorités administra- tives, sous réserve du droit des autorités compétentes d’atténuer ou de commuer les peines pro- noncées par des magistrats conformément à la loi ; (iii) de protéger les libertés d’expression et d’association des magistrats, qui ne doivent être limi- tées que par les contraintes liées à la nature de leurs fonctions ; (iv) de garantir que les juges aient une formation et une qualification appropriées et qu’ils soient désignés sans discrimination ; (v) de garantir aux magistrats d’inamovibilité et des conditions de service satisfaisantes, y com- pris en ce qui concerne la promotion ; (vi) de garantir le respect de l’immunité ; (vii) de garantir qu’en ce qui concerne les magistrats, les mesures disciplinaires soient prises et la suspension ou la révocation prononcées conformément à la loi.
(20) Pour promouvoir l’indépendance de la magistrature, les États participants (20.1) – reconnaîtront le rôle important que les associations nationales et internationales de magis- trats et d’avocats peuvent jouer pour faire respecter l’indépendance de leurs membres et pour offrir des moyens d’enseignement et de formation sur le rôle de la magistrature et des professions juri- diques dans la société ; (20.2) – encourageront et faciliteront le dialogue, les échanges et la coopération entre les associations nationales et autres organisations qui veillent à ce que soit respectée l’indépendance de la magis- trature et à ce que la protection des avocats soit assurée ; (20.3) – coopéreront, entre autres par le dialogue, les rencontres et les échanges, afin de déterminer les cas dans lesquels des problèmes se posent en ce qui concerne la protection de l’indépendance des magistrats et des avocats, et de trouver des moyens de traiter et de résoudre ces problèmes ; (20.4) – coopéreront de manière continue dans des domaines comme la formation des magistrats et des avocats, de même que dans la rédaction et l’application de lois visant à renforcer le respect de l’indépendance de ces magistrats et avocats et du fonctionnement impartial de la justice.
(21) Les États participants, (21.1) – prendront toutes les mesures nécessaires pour assurer que les responsables de l’applica- tion des lois, lorsqu’ils exécutent leur mission de maintien de l’ordre, n’agissent que dans l’intérêt public, pour répondre à une nécessité précise et poursuivre un objectif légitime, et utilisent des moyens qui soient proportionnés aux circonstances et n’excèdent pas les nécessités de leur tâche ; (21.2) – feront en sorte que les opérations de maintien de l’ordre soient soumises à un contrôle juridictionnel, que les responsables du maintien de l’ordre aient à rendre compte de leurs actes
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et que les victimes d’actes commis en violation des engagements énoncés plus haut aient la possi- bilité de demander réparation en vertu du droit interne.
(22) Les États participants prendront les mesures voulues pour que soient inscrites dans les pro- grammes de formation des fonctionnaires chargés de l’application des lois l’éducation et l’infor- mation concernant l’interdiction de l’usage abusif de la force par ces fonctionnaires, ainsi que les codes de conduite internationaux et nationaux correspondants.
(23) Les États participants veilleront à ce que toutes les personnes privées de libertés soient trai- tées avec humanité et avec le respect dû à la dignité de la personne humaine et appliqueront les normes internationales reconnues relatives à l’administration de la justice et au respect des droits de l’homme dans la personne du détenu. (23.1) Les États participants feront en sorte que (i) nul ne soit privé de sa liberté si ce n’est pour des motifs et selon des procédures prévus par la loi ; (ii) toute personne qui aura été arrêtée soit informée dans le plus court délai et dans une langue qu’elle comprenne des raisons de son arrestation et de toute accusation portée contre elle ; (iii) toute personne qui aura été privée de sa liberté soit informée sans délai de ses droits en vertu de la législation nationale ; (iv) toute personne arrêtée ou détenue ait le droit d’être traduite rapidement devant un magis- trat ou toute autre personne légalement habilitée à statuer sur la légalité de son arrestation ou de sa détention, et soit relâchée sans délai s’il s’avère qu’une telle arrestation ou détention étaient illégales. (v) tout inculpé ait le droit de se défendre lui-même ou d’avoir l’assistance d’un défenseur de son choix et, s’il n’a pas les moyens de rémunérer un défenseur, puisse être assisté gratuitement par un avocat d’office lorsque les intérêts de la justice l’exigent ; (vi) toute personne, arrêtée ou détenue, ait le droit d’informer – ou de demander à l’autorité compétente d’informer – sans délai excessif les personnes de son choix de son arrestation, de sa détention, de son emprisonnement et du lieu où elle se trouve ; toute restriction à l’exercice de ce droit sera prévue par la loi et sera conforme aux normes internationales ; (vii) des mesures efficaces soient adoptées, si tel n’est pas le cas, pour veiller à ce que les auto- rités chargées de l’application des lois ne tirent indûment profit de la situation d’une personne détenue ou emprisonnée pour lui extorquer des aveux, la contraindre à s’accuser de toute autre manière ou à témoigner contre un tiers ; (viii) la durée d’un interrogatoire et les intervalles entre les interrogatoires soient consignés et certifiés conformément à la législation nationale ; (ix) tout détenu – ou son conseil – ait le droit de présenter une requête ou de déposer une plainte au sujet de son traitement, en particulier dans le cas où il aura été victime de tortures ou autres traitements cruels, inhumains ou dégradants, auprès de l’administration du lieu de détention et des autorités supérieures ainsi que, au besoin, auprès des autorités ayant compétence pour procéder à un réexamen ou pour décider de réparations ; (x) une telle demande ou plainte soit examinée rapidement et qu’il y soit donné suite sans retard excessif ; si la demande ou la plainte est rejetée, ou en cas de retard excessif, le plaignant aura la faculté d’en saisir l’autorité judiciaire ou toute autre autorité ; aucune personne détenue ou emprisonnée ni aucun plaignant ne subira de préjudice pour avoir formulé une requête ou déposé une plainte ;
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(xi) toute personne illégalement arrêtée ou détenue ait un droit, garanti par la loi, de demander réparation. (23.2) Les États participants (i) s’efforceront de prendre des mesures, si besoin est, pour améliorer les conditions des per- sonnes détenues ou emprisonnées ; (ii) accorderont une attention particulière à la question des peines de substitution.
(24) Les États participants confirment à nouveau le droit à la protection de la vie privée et fami- liale, du domicile, de la correspondance et des communications électroniques. Afin d’éviter toute ingérence abusive ou arbitraire de l’État dans la sphère personnelle de l’individu, qui serait préju- diciable à toute société démocratique, l’exercice de ce droit ne pourra faire l’objet de restrictions que si ces restrictions sont prévues par la loi et compatibles avec les normes internationales com- munément admises en matière de droits de l’homme. Les États participants assureront en particu- lier que les fouilles de personnes, les perquisitions de locaux et les saisies de biens privés ne soient opérées que conformément aux normes susceptibles d’un contrôle judiciaire.
(25) Les États participants, (25.1) – assureront que leurs forces militaires et paramilitaires et leurs services de sécurité inté- rieure, de renseignement et de police soient placés sous la direction et le contrôle effectifs de auto- rités civiles compétentes ; (25.2) – maintiendront et, le cas échéant, renforceront le contrôle de l’exécutif sur l’utilisation des forces militaires et paramilitaires, ainsi que sur les activités des services de sécurité intérieure, de renseignement et de police ; (25.3) – prendront des mesures appropriées pour créer, lorsqu’il n’en existe pas, et maintenir des moyens efficaces de supervision par le pouvoir législatif de tous ces services, forces et activités. (26) États participants réaffirment le droit à la liberté d’expression, y compris le droit de commu- niquer et le droit, pour les médias, de recueillir, de commenter et de diffuser des informations, des nouvelles et des opinions. Toute restriction à l’exercice de ce droit doit être prévue par la loi et conforme aux normes internationales. Ils reconnaissent en outre que des médias indépendants sont essentiels à des sociétés libres et ouvertes et à des systèmes dans lesquels le gouvernement est comptable de son action, et que ces médias ont une importance particulière pour la protection des droits de l’homme et des libertés fondamentales. (26.1) Ils considèrent que la presse écrite, la radiodiffusion et la télévision devraient avoir sur leur territoire un accès sans restriction aux services de presse et d’information étrangers. Le public aura, de manière analogue, la liberté de recevoir et de transmettre des informations et des idées, sans ingérence de la part des autorités publiques et sans considération de frontières, y compris le canal de publications et de stations de radiodiffusion étrangères. Les restrictions à l’exercice de ce droit ne pourront être que celles qui sont prévues par la loi et sont conformes aux normes internationales. (26.2) Les États participants ne feront preuve d’aucune discrimination à l’encontre des médias indé- pendants en ce qui concerne l’accès à l’information, au matériel et aux installations.
(27) Les États participants, (27.1) – expriment leur intention de coopérer dans les différents domaines du droit : constitution- nel, administratif, commercial, civil et social et autres domaines pertinents, afin de mettre au point, en particulier dans les pays où il n’en existe pas encore, des systèmes juridiques fondés sur le res- pect des droits de l’homme, de l’État de droit et de la démocratie ;
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(27.2) – envisagent à cette fin de poursuivre et renforcer la coopération juridique et administrative bilatérale et multilatérale, entre autres dans les domaines suivants : • développement d’une administration efficace ; • assistance à l’élaboration de lois et textes réglementaires ; • formation de personnel administratif et juridique ; • échange d’ouvrages et de périodiques juridiques.
(28) Les États participants estiment qu’il est important de protéger les droits de l’homme et les libertés fondamentales en cas d’état d’exception, de tenir compte des dispositions correspondantes du Document de la Réunion de Copenhague et de respecter les termes des conventions auxquelles ils sont parties. (28.1) Les États Participants réaffirment que l’état d’exception n’est justifié que dans des circons- tances de la plus exceptionnelle gravité, conformément aux obligations internationales de l’État et aux engagements pris par lui dans le cadre de la CSCE. L’état d’exception ne peut être utilisé pour renverser l’ordre démocratique constitutionnel ni viser la suppression des droits de l’homme et des libertés fondamentales internationalement reconnus. Si le recours à la force ne peut être évité, il doit être aussi raisonnable et limité que possible. (28.2) L’état d’exception ne peut être proclamé que par un organe constitutionnel et dûment habi- lité à cet effet. Lorsque la décision d’instaurer l’état d’exception peut légalement être prise par le pouvoir exécutif, cette décision devrait être soumise dans les plus brefs délais à l’approbation ou au contrôle du parlement. (28.3) L’état d’exception doit être proclamé officiellement, publiquement et conformément aux dis- positions prévues par la loi. Cette décision précisera, si possible, le cadre territorial de l’état d’ex- ception. L’État concerné mettra sans retard à la disposition de ses citoyens des informations sur les mesures qui auront été prises. L’état d’exception sera levé aussitôt que possible et ne sera pas maintenu en vigueur plus longtemps que les circonstances ne l’exigent. (28.4) Il n’est pas permis d’instaurer ou de prolonger de facto l’état d’exception dans des condi- tions qui ne sont pas conformes aux dispositions légales en la matière. (28.5) Les États participants s’efforceront d’assurer que l’activité normale des organes législatifs soit garantie dans toute la mesure possible durant l’état d’exception. (28.6) Les États participants confirment que toute dérogation aux obligations relatives aux droits de l’homme et aux libertés fondamentales pendant l’état d’exception doit s’inscrire strictement dans les limites prévues par le droit international, en particulier par les instruments internatio- naux pertinents auxquels ils sont parties, spécialement en ce qui concerne les droits auxquels il ne peut être dérogé. (28.7) Les États participants s’efforceront de s’abstenir de déroger aux obligations qui, selon les conventions internationales auxquelles ils sont parties, peuvent faire l’objet d’une dérogation lorsque l’état d’exception est en vigueur. Les mesures dérogatoires à ces obligations doivent être prises en stricte conformité des procédures définies dans ces instruments. La portée et la durée d’application de ces mesures seront rigoureusement limitées par les exigences de la situation ; elles sont par nature des mesures d’exception et devraient être interprétées et appliquées avec retenue. Ces mesures ne donneront lieu à aucune discrimination fondée uniquement sur la race, la couleur, le sexe, la langue, la religion, l’origine sociale ou l’appartenance à une minorité. (28.8) Les États participants veilleront à ce que les garanties légales nécessaires pour faire respec- ter l’État de droit soient maintenues pendant que l’état d’exception est en vigueur. Ils s’efforceront
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de prévoir dans leur législation un contrôle des règlements liés à l’état d’exception et de l’applica- tion de ces règlements. (28.9) Les États participants s’efforceront de maintenir la liberté d’expression et la liberté d’infor- mation, conformément à leurs obligations et engagements internationaux, en vue de permettre une discussion publique sur le respect des droits de l’homme et des libertés fondamentales ainsi que sur la levée de l’état d’exception. Ils ne prendront, conformément aux normes internationales relatives à la liberté d’expression, aucune mesure visant à interdire aux journalistes l’exercice légi- time de leur profession à moins que la situation ne rende de telles mesures absolument nécessaires. (28.10) Lorsque l’état d’exception est proclamé ou levé sur le territoire d’un État participant, celui-ci en informera immédiatement l’Institution de la CSCE*, ainsi que de toute mesure prise par déro- gation à ses obligations internationales relatives aux droits de l’homme. L’Institution informera sans délai les autres États participants.
(29) États participants, reconnaissant qu’il est de leur commun intérêt de promouvoir les contacts et l’échange d’informations entre les médiateurs ou institutions également habilitées à connaître de plaintes déposées par des citoyens contre l’administration publique, prennent note avec grati- tude de l’offre faite par l’Espagne d’accueillir une réunion de médiateurs.
(30) Les États participants suggèrent que les instances appropriées de la CSCE envisagent d’élar- gir les attributions du Bureau des élections libres pour lui permettre d’aider au renforcement des institutions démocratiques dans les États participants.
(31) Les États participants reconnaissent la vaste expérience et la compétence technique du Conseil de l’Europe dans le domaine des droits de l’homme. ls se félicitent de sa contribution au renfor- cement de la démocratie en Europe et apprécient notamment qu’il veuille bien mettre son expé- rience à la disposition de la CSCE.
III
(32) Les États participants réaffirment leur attachement inébranlable aux principes et dispositions de l’Acte final, du Document de clôture de Vienne et d’autres documents pertinents de la CSCE, dans lesquels ils se sont engagés, notamment, à respecter les droits de l’homme et les libertés fon- damentales et à garantir leur respect pour tous sans distinction d’aucune sorte.
(33) Les États participants supprimeront toutes les restrictions légales et autres à la circulation sur leur territoire de leurs ressortissants et des étrangers, et à la résidence des personnes autorisées à résider en permanence, sous réserve des restrictions nécessaires, lesquelles devront être officiel- lement annoncées et motivées par des considérations d’ordre écologique, militaire ou de sécurité ou par d’autres intérêts nationaux légitimes, conformément à leur législation nationale, aux enga- gements souscrits dans le cadre de la CSCE et aux obligations internationales relatives aux droits de l’homme. Les États participants s’engagent à faire en sorte que ces restrictions soient réduites au minimum.
(34) Les participants adopteront, s’il y a lieu, toutes les mesures qui peuvent être prises pour proté- ger les journalistes effectuant des missions professionnelles dangereuses, particulièrement dans les cas de conflits armés, et ils coopéreront à cet effet. Ces mesures consisteront notamment à recher- cher des journalistes disparus, faire la lumière sur leur sort, leur fournir l’assistance voulue et faci- liter leur retour auprès de leur famille.
* Le Conseil décidera quelle sera cette institution.
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(35) Les États participants réaffirment que la garantie de la liberté de la création artistique et la pré- servation du patrimoine culturel font partie de la dimension humaine de la CSCE. Ils considèrent que l’indépendance de la vie intellectuelle et culturelle est essentielle au maintien et au dévelop- pement de sociétés libres et d’institutions démocratiques. Ils rempliront leurs engagements dans le domaine culturel, comme le prévoit le Document du Colloque de Cracovie sur le patrimoine culturel et ils estiment que l’examen des questions culturelles, y compris la liberté, la créativité et la coopération dans ce domaine, devrait être poursuivi dans le cadre de la CSCE.
(36) Les États participants rappellent l’engagement qu’il sont contracté dans le Document de clô- ture de Vienne de maintenir à l’étude la question de la peine de mort et réaffirment les engagements qu’ils ont pris dans le Document de la Réunion de Copenhague d’échanger des informations sur la question de l’abolition de la peine de mort et de rendre publiques les informations concernant l’application de la peine de mort. (36.1) Ils notent (i) que le deuxième Protocole facultatif se rapportant au Pacte international relatif aux droits civils et politiques visant à l’abolition de la peine de mort est entré en vigueur le 11 juillet 1991 ; (ii) qu’un certain nombre d’États participants ont récemment pris des mesures en vue de l’abo- lition de la peine capitale ; (iii) les activités de plusieurs organisations non gouvernementales concernant la question de la peine de mort.
(37) Les États participants confirment les dispositions et les engagements contenus dans tous les documents de la CSCE, en particulier dans le Document de la Réunion de Copenhague de la Confé- rence sur la dimension humaine de la CSCE, concernant des questions relatives aux minorités natio- nales et aux droits des personnes appartenant à ces minorités et dans le Rapport de la Réunion d’experts de Genève de la CSCE sur les minorités nationales et ils demandent la mise en œuvre intégrale et rapide de ces dispositions et engagements. Ils croient en particulier que l’utilisation des mécanismes et procédures nouveaux et élargis de la CSCE contribueront à renforcer la protection et la promotion des droits des personnes appartenant à des minorités nationales.
(38) Les États participants reconnaissent la nécessité de veiller à ce que les droits des travailleurs migrants et de leur famille résidant légalement sur le territoire des États participants soient res- pectés et ils soulignent le droit de ces personnes d’exprimer librement leurs caractères ethniques, culturels, religieux et linguistiques. L’exercice de ces droits ne peut faire l’objet de restrictions que si celles-ci sont prévues par la loi et compatibles avec les normes internationales. (38.1) Ils condamnent tous les actes de discrimination fondée sur la race, la couleur ou l’origine ethnique, d’intolérance et de xénophobie commis à l’encontre des travailleurs migrants. Ils pren- dront, conformément à leur législation nationale et à leurs obligations internationales, des mesures efficaces pour promouvoir la tolérance, la compréhension, l’égalité des chances et le respect des droits de l’homme fondamentaux des travailleurs migrants et adopteront, s’ils ne l’ont pas encore fait, des mesures pour interdire tout acte constituant une incitation à la violence, motivé par la dis- crimination, l’hostilité ou la haine de caractère national, racial, ethnique ou religieux. (38.2) Ils adopteront des mesures propres à permettre aux travailleurs migrants de prendre part à la vie de la société des États participants. (38.3) Ils notent que les problèmes concernant la dimension humaine des travailleurs migrants rési- dant sur leur territoire pourraient, comme toute autre question relevant de la dimension humaine, être traités dans le cadre du mécanisme de la dimension humaine.
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(38.4) Ils recommandent que la CSCE étudie au cours de ses futurs travaux portant sur la dimen- sion humaine les moyens appropriés de tenir des discussions centrées sur toutes les questions concernant les travailleurs migrants, y compris, entre autres, la familiarisation avec la langue et la vie sociale du pays.
(39) Les États participants, (39.1) – accroîtront leur capacité de réaction et coopéreront pleinement pour que les opérations d’assistance humanitaire puissent être entreprises rapidement et efficacement ; (39.2) – prendront toutes les mesures nécessaires pour faciliter un accès rapide aux zones touchées lors d’opérations d’assistance humanitaire ; (39.3) – prendront les dispositions nécessaires pour que ces opérations d’assistance puissent être menées à bien.
(40) Les États participants reconnaissent qu’une égalité entière et véritable entre hommes et femmes est un élément fondamental d’une société juste et démocratique basée sur l’État de droit. Ils recon- naissent que le plein épanouissement de la société et le bien-être de tous ses membres exigent que les hommes et les femmes#. Dans ce contexte, ils (40.1) – veilleront à ce que tous les engagements souscrits dans le cadre de la CSCE au sujet de la pro- tection et de la promotion des droits de l’homme et des libertés fondamentales s’appliquent plei- nement et sans discrimination fondée sur le sexe ; (40.2) – se conformeront aux dispositions de la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes s’ils sont parties à cette convention et, s’ils ne le sont pas encore, envisageront de ratifier cette convention ou d’y accéder, les États qui ont ratifié la Conven- tion ou qui y ont accédé en formulant des réserves envisageront de les retirer ; (40.3) – s’acquitteront effectivement des obligations contenues dans les instruments internationaux auxquels ils sont parties et prendront des mesures appropriées pour appliquer les dispositions des Stratégies prospectives d’action de Nairobi pour la promotion de la femme ; (40.4) – affirmeront que leur objectif est de parvenir à une égalité des chances qui soit non seu- lement de droit mais aussi de fait entre les hommes et les femmes et prendront effectivement des mesures à cet effet ; (40.5) – établiront ou renforceront, selon le cas, un dispositif national pour la promotion de la femme en vue d’assurer que les programmes et les politiques soient évaluées en fonction de leurs consé- quences pour les femmes ; (40.6) – encourageront l’adoption de mesures visant à assurer effectivement l’égalité totale des chances pour les femmes dans le domaine économique, y compris des politiques et des pratiques d’emploi non discriminatoires, l’égalité d’accès à l’enseignement et à la formation et des mesures visant à concilier l’emploi et les responsabilités familiales des hommes et des femmes ; (40.7) – s’efforceront d’éliminer toutes les formes de violence contre les femmes et toutes les formes de traite des femmes et d’exploitation de la prostitution, notamment en assurant l’interdiction légale de tels actes et en prenant toutes autres mesures appropriées ; (40.8) – encourageront et faciliteront l’égalité des chances pour les femmes de participer pleine- ment à l’activité politique et à la vie publique sous tous leurs aspects, ainsi qu’au processus de prise de décisions et à la coopération internationale en général ; (40.9) – reconnaîtront le rôle capital des femmes et des associations féminines dans les activités nationales et internationales visant à promouvoir et à consolider les droits des femmes en leur
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fournissant entre autres des services et un appui directs et en favorisant une coopération effective entre les gouvernements et ces associations dans le but de parvenir à l’égalité pour les femmes ; (40.10) – reconnaîtront la valeur de la contribution des femmes à tous les aspects de la vie politique, culturelle, sociale et économique et feront plus largement connaître cette contribution, y compris dans les secteurs non structuré et non rémunéré ; (40.11) – prendront les mesures pour faciliter l’accès à l’information concernant les femmes et les droits des femmes en vertu du droit international et de la législation interne ; (40.12) – élaboreront des politiques d’éducation compatibles avec leur système constitutionnel pour appuyer la participation des femmes dans tous les domaines des études et du travail, y com- pris dans les domaines non traditionnels, et encourageront et favoriseront une meilleure compré- hension des problèmes relatifs à l’égalité entre les hommes et les femmes ; (40.13) – organiseront la collecte et l’analyse de données pour évaluer correctement, observer et amé- liorer la situation des femmes ; ces données ne devraient contenir aucun renseignement personnel.
(41) Les États participants décident (41.1) – d’assurer la protection des droits de l’homme des personnes handicapées ; (41.2) – de prendre des mesures pour assurer l’égalité des chances pour ces personnes de partici- per pleinement à la vie de leur société ; (41.3) – de promouvoir la participation appropriée de ces personnes à la prise de décisions dans les domaines qui les concernent ; (41.4) – d’encourager les services et la formation de travailleurs sociaux pour la réinsertion pro- fessionnelle et sociale des personnes handicapées ; (41.5) – de promouvoir des conditions favorables permettant l’accès des personnes handicapées aux services et bâtiments publics, au logement, aux transports, aux activités culturelles et aux loisirs.
(42) Les États participants, (42.1) – affirment que l’enseignement des droits de l’homme est fondamental et qu’il est par consé- quent indispensable que leurs citoyens reçoivent un enseignement au sujet des droits de l’homme et des libertés fondamentales ainsi que de l’engagement pris par les États participants dans leur législation interne et dans les instruments internationaux auxquels ils peuvent être parties de res- pecter ces droits et libertés ; (42.2) – reconnaissent qu’un enseignement efficace des droits de l’homme contribue à la lutte contre l’intolérance, les préjugés et la haine fondés sur la religion, la race ou l’ethnie, y compris envers les Roms, la xénophobie et l’antisémitisme ; (42.3) – encourageront leurs autorités compétentes responsables des programmes d’enseignement à élaborer des programmes et des cours relatifs aux droits de l’homme à l’intention des étudiants à tous les niveaux, particulièrement aux étudiants en droit, en sciences administratives et en sciences sociales, ainsi qu’aux élèves des écoles d’administration, des écoles de police et des écoles militaires ; (42.4) – mettront à la disposition de leur personnel enseignant toutes les informations sur les dis- positions relatives à la dimension humaine de la CSCE ; (42.5) – encourageront les organisations et les établissements d’enseignement à coopérer à l’éla- boration et à l’échange, tant au niveau national qu’international, de programmes consacrés aux droits de l’homme ; (42.6) – s’efforceront de veiller à ce que les activités entreprises en vue de promouvoir l’éducation en matière de droits de l’homme, considérée au sens le plus large, s’appuient sur l’expérience, les
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programmes et les modalités de coopération dans les organisations internationales intergouver- nementales et non gouvernementales existantes, notamment l’Organisation des Nations Unies et le Conseil de l’Europe.
(43) Les États participants reconnaîtront comme ONG les organisations qui se déclarent comme telles, selon les procédures nationales en vigueur, et faciliteront à ces organisations le libre exer- cice de leurs activités sur leur territoire ; à cet effet, ils (43.1) – s’efforceront de trouver les moyens de renforcer encore les possibilités de contacts et d’échanges de vues entre les ONG, les autorités nationales et les institutions publiques compé- tentes ; (43.2) – s’efforceront de faciliter le séjour dans leur pays d’ONG venues de l’un quelconque des États participants pour observer la situation en ce qui concerne la dimension humaine ; (43.3) – accueilleront favorablement les activités des ONG, notamment lorsqu’elles observent l’ap- plication des engagements souscrits dans le cadre de la CSCE au titre de la dimension humaine ; (43.4) – autoriseront les ONG, étant donné l’importance de leur rôle dans le cadre de la dimen- sion humaine de la CSCE, à porter leurs vues à la connaissance de leurs gouvernements respectifs et des gouvernements de tous les autres États participants au cours des futurs travaux de la CSCE sur la dimension humaine. (43.5) Au cours des travaux futurs de la CSCE sur la dimension humaine, les ONG auront la pos- sibilité de distribuer à toutes les délégations des contributions écrites sur des questions détermi- nées relevant de la dimension humaine de la CSCE. (43.6) Le Secrétariat de la CSCE, dans les limites des ressources dont il disposera, fera droit aux demandes adressées par des ONG pour obtenir des documents de la CSCE ne faisant pas l’objet d’une distribution restreinte. (43.7) Les directives concernant la participation des ONG aux futurs travaux de la CSCE sur la dimension humaine pourraient être notamment les suivantes : (i) il devrait être réservé aux ONG un espace commun au lieu des réunions ou dans le voisinage immédiat, à leur propre usage, ainsi qu’un accès raisonnable, à leurs propres frais, aux installa- tions techniques telles que photocopieuses, téléphones et télécopieurs ; (ii) les ONG devraient être informées et instruites en temps voulu des dispositions en ce qui concerne la transparence et l’accès aux réunions ; (iii) les délégations aux réunions de la CSCE devraient être encouragées davantage à inclure ou à inviter des membres des ONG.
Les États participants recommandent que la Réunion principale de suivi de Helsinki envisage de définir de telles directives. (…)
102 Document de Prague sur le développement ultérieur des institutions et des structures de la CSCE (Deuxième réunion du Conseil)
Prague 1992
(…)
III
Dimension humaine
6. Les ministres sont convenus que le contrôle et la promotion des progrès dans le domaine de la dimension humaine restent une fonction essentielle de la CSCE.
7. Les questions relatives à la dimension humaine seront donc décidées par le Conseil ou par le Comité des hauts fonctionnaires chaque fois que cela sera nécessaire.
8. En outre, des réunions de courte durée pourront être décidées par le Comité des hauts fonction- naires pour traiter des questions précises. Les résultats de ces réunions seront soumis au Conseil par l’intermédiaire du Comité des hauts fonctionnaires pour examen ou décision selon le cas.
9. Afin d’élargir la coopération concrète entre les États participants dans le domaine de la dimension humaine, les ministres ont décidé d’attribuer des fonctions supplémentaires au Bureau des élections libres qui s’appellera désormais Bureau des institutions démocratiques et des droits de l’homme.
10. Sous la direction générale du CHF, le Bureau devrait, entre autres : • organiser une brève réunion de la CSCE au siège du Bureau des institutions démocratiques et des droits de l’homme pour examiner la mise en œuvre des engagements de la CSCE dans le domaine de la dimension humaine chaque année au cours de laquelle il n’est pas tenu de réu- nion de suivi. La Réunion de suivi de Helsinki élaborera les dispositions relatives à l’organisa- tion de ces réunions ; • servir de cadre institutionnel pour partager et échanger des informations sur l’assistance tech- nique et les compétences disponibles, ainsi que sur les programmes nationaux et internationaux destinés à aider les démocraties nouvelles dans le développement de leurs institutions ; • faciliter les contacts entre ceux qui offrent de telles ressources et ceux qui souhaitent en faire usage ; • développer la coopération avec le Conseil de l’Europe afin de mettre à profit sa base de données portant sur ces ressources et ces services ; • établir des contacts avec des organisations non gouvernementales actives dans le domaine du développement d’institutions démocratiques, afin de permettre aux États participants inté- ressés de faire usage des vastes ressources et des larges compétences de ces organisations ;
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• faciliter la coopération en matière de formation et d’éducation dans des disciplines portant sur les institutions démocratiques ; • organiser avec des représentants de tous les États participants des réunions et des séminaires ayant trait au développement et à la revitalisation des institutions démocratiques, par exemple sémi- naire consacré aux organes de presse libres et, en temps opportun, un séminaire sur les migra- tions. Ces réunions et séminaires se tiendront à Varsovie à moins qu’il n’en soit décidé autrement.
11. Pour éviter tout chevauchement des tâches, particulièrement dans les domaines mention- nés plus haut, les ministres ont donné pour directive au Bureau de collaborer étroitement avec les autres institutions qui sont actives dans le domaine du développement d’institutions démo- cratiques et des droits de l’homme, en particulier le Conseil de l’Europe et la Commission euro- péenne « Démocratie par le droit ».
12. Le CHF examinera sur une base annuelle la nécessité d’organiser des réunions et des séminaires sur la dimension humaine et les institutions démocratiques et il établira un programme de travail.
13. Les ministres ont demandé à la Réunion de suivi de Helsinki de préciser davantage les fonctions du Bureau de Varsovie et de décider de quelle manière les activités de la CSCE dans le domaine de la dimension humaine pourraient être menées plus avant.
14. Le Bureau des institutions démocratiques et des droits de l’homme est désigné pour être l’insti- tution de la CSCE chargée des tâches liées aux missions d’experts et de rapporteurs conformément au Document de la Réunion de Moscou de la Conférence sur la dimension humaine de la CSCE.
15. Le Bureau des institutions démocratiques et des droits de l’homme sera relié au réseau de com- munication de la CSCE.
IV
Sauvegarde des droits de l’homme, de la démocratie et de l’État de droit
16. Le Conseil a décidé, afin d’accroître encore la capacité de la CSCE à garantir les droits de l’homme, la démocratie et l’État de droit par des moyens pacifiques, que des mesures appropriées pourront être prises par le Conseil ou le Comité des hauts fonctionnaires, si nécessaire sans le consentement de l’État concerné, en cas de violation flagrante, grave et persistante des engagements correspon- dants de la CSCE. De telles actions consisteraient en déclarations politiques ou en d’autres mesures de nature politique qui seraient appliquées hors du territoire de l’État concerné. Cette décision ne déroge en rien aux mécanismes existants de la CSCE.
17. Le Conseil a invité la Réunion de suivi de Helsinki à étudier des modalités complémentaires d’application de cette décision.
VIII
Organisations non gouvernementales
42. Le Conseil demande à la Réunion de suivi de Helsinki de renforcer les relations entre la CSCE et les organisations non gouvernementales afin de donner à celles-ci un rôle accru dans la réalisation des objectifs et la mise en œuvre des engagements de la CSCE. En particulier, la Réunion de suivi offrira aux organisations non gouvernementales des possibilités de participer utilement aux travaux de la CSCE, mettra au point des procédures à cette fin et donnera à ces organisations les moyens
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de communiquer avec les structures et les institutions de la CSCE, en se référant notamment aux textes consacrés aux organisations non gouvernementales adoptés par les Réunions de Sofia et de Moscou et par le Séminaire d’Oslo. (…)
105 Document de Helsinki : Les défis du changement (Sommet des chefs d’État ou de gouvernement)
Helsinki 1992
Déclaration du Sommet de Helsinki
Les promesses et les incertitudes du changement (…)
6. Nous nous félicitons de l’engagement pris par tous les États participants de partager nos valeurs communes. Le respect des droits de l’homme et des libertés fondamentales, y compris des droits des personnes appartenant à des minorités nationales, la démocratie, l’État de droit, la liberté économique, la justice sociale et la responsabilité en matière d’environnement constituent nos objectifs communs. Ils sont imprescriptibles. L’acceptation de ces engagements constitue le fon- dement de la participation à la CSCE et de la coopération dans ce cadre; elle conditionne le pro- grès de nos sociétés.
7. Nous confirmons la validité des principes directeurs et des valeurs communes inscrits dans l’Acte final de Helsinki et dans la Charte de Paris. Ils sont la base des responsabilités des États l’un envers l’autre et des gouvernements envers leur peuple. Ils sont la conscience collective de notre commu- nauté. Nous reconnaissons notre responsabilité mutuelle de les respecter. Nous soulignons le droit démocratique des citoyens d’exiger de leur gouvernement le respect de ces valeurs et de ces normes.
8. Nous soulignons que les engagements contractés dans le domaine de la dimension humaine de la CSCE sont un sujet de préoccupation directe et légitime pour tous les États participants et qu’ils ne relèvent pas exclusivement des affaires intérieures de l’État concerné. La protection et la promotion des droits de l’homme et des libertés fondamentales et le renforcement des insti- tutions démocratiques continuent d’être un élément essentiel de notre sécurité globale. (…)
12. L’époque actuelle est riche de promesses, mais c’est aussi un temps d’instabilité et d’insécurité. La récession économique, les tensions sociales, le nationalisme agressif, l’intolérance, la xénopho- bie et les conflits ethniques menacent la stabilité dans la région de la CSCE. De graves violations des engagements de la CSCE dans le domaine des droits de l’homme et des libertés fondamentales, y compris de ceux qui concernent les minorités nationales, menacent tout particulièrement le déve- loppement pacifique de la société, spécialement dans les nouvelles démocraties.
Il reste beaucoup à faire pour édifier des sociétés démocratiques et pluralistes telles que la diver- sité y soit protégée et respectée pleinement dans la pratique. En conséquence, nous rejetons toute forme de discrimination raciale, ethnique et religieuse. La liberté et la tolérance doivent être ensei- gnées et mises en pratique.
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(…)
14. En temps de conflit, la satisfaction des besoins fondamentaux de l’être humain est en grand péril. Nous ne ménagerons aucun effort pour que ces besoins soient satisfaits et que les engage- ments humanitaires soient respectés. Nous ferons tout notre possible pour soulager les souffrances en instaurant des cessez-le-feu à des fins humanitaires et pour faciliter, notamment en le proté- geant, l’acheminement de l’aide humanitaire sous contrôle international. Nous avons conscience que les problèmes de réfugiés causés par ces conflits exigent notre coopération à tous. Nous expri- mons notre soutien et notre solidarité aux pays auxquels les problèmes de réfugiés résultant de ces conflits imposent la plus lourde charge. Dans ce contexte, nous reconnaissons qu’une coopération et une action concertée s’imposent. (…)
Nous continuons de développer nos possibilités d’assurer le règlement pacifique des différends.
21. Notre approche se fonde sur notre conception globale de la sécurité telle qu’elle ressort de l’Acte final. Cette conception établit une relation entre le maintien de la paix et le respect des droits de l’homme et des libertés fondamentales. Elle crée un lien entre, d’une part, la solidarité et la coo- pération dans les domaines de l’économie et de l’environnement et, d’autre part, les relations paci- fiques entre les États. Nécessaire lorsque l’objectif était de réduire la confrontation, cette conception garde toute sa validité lorsqu’il s’agit de gérer le changement. (…)
26. Nous réitérons notre condamnation sans réserve de tous les actes, méthodes et pratiques ter- roristes. Nous sommes résolus à accroître notre coopération afin d’éliminer cette menace pour la sécurité, la démocratie et les droits de l’homme. A cette fin, nous prendrons des mesures pour prévenir sur nos territoires des activités criminelles visant à soutenir des actes de terrorisme sur le territoire d’autres États. Nous encouragerons l’échange d’informations relatives aux activi- tés terroristes. Nous chercherons s’il y a lieu de nouvelles formes concrètes de coopération. Nous prendrons en outre les mesures nécessaires à l’échelon national pour remplir nos obligations inter- nationales dans ce domaine.
27. Le trafic des stupéfiants constitue un danger pour la stabilité de nos sociétés et de nos institu- tions démocratiques. Nous collaborerons pour renforcer toutes les formes de coopération bilaté- rale et multilatérale dans la lutte contre le trafic des stupéfiants et les autres formes de criminalité internationale organisée.
Décisions de Helsinki
I. Renforcement des institutions et des structures de la CSCE (…)
Aide au Président en exercice (…)
Représentants personnels
(22) Lorsqu’il traite d’une crise ou d’un conflit, le Président en exercice pourra, sous sa propre responsabilité, désigner pour l’assister un représentant personnel en lui donnant un mandat clair
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et précis. Le Président en exercice informera le CHF de son intention de nommer un représen- tant personnel et du mandat de celui-ci. Dans ses rapports au Conseil/CHF, le Président en exer- cice inclura des informations sur les activités de son représentant personnel ainsi que tout avis ou toute observation que celui-ci lui aura soumis.
Haut Commissaire pour les minorités nationales
(23) Le Conseil nommera un Haut Commissaire pour les minorités nationales. Le Haut Commis- saire déclenchera, le plus tôt possible, une « alerte rapide » et, si besoin est, engagera une « action rapide » lorsque des tensions liées à des problèmes de minorités nationales risqueront de dégéné- rer en un conflit dans la zone de la CSCE, menaçant la paix, la stabilité ou les relations entre les États participants. Le Haut Commissaire pourra bénéficier des moyens du Bureau des institutions démocratiques et des droits de l’homme (BIDDH) à Varsovie. (…)
Examens de la mise en œuvre
(26) L’examen approfondi de la mise en œuvre des engagements de la CSCE continuera à jouer un rôle fondamental dans les activités de la CSCE, favorisant ainsi la coopération entre les États participants.
(27) Des examens de la mise en œuvre se tiendront régulièrement lors des conférences d’examen aussi bien que des réunions spéciales convoquées à cette fin au BIDDH et au CPC, et lorsque le CHF se réunira en qualité de Forum économique comme le prévoient les documents pertinents de la CSCE.
(28) Ces examens, entrepris dans un esprit de coopération, porteront sur tous les aspects de la mise en œuvre, tout en permettant de traiter des questions précises.
(29) Les États participants seront invités à présenter des contributions sur leur expérience de la mise en œuvre, en mentionnant particulièrement les difficultés rencontrées, et à exposer leurs vues sur la mise en œuvre dans toute la zone de la CSCE. Les États participants sont encouragés à diffuser des résumés de leurs contributions avant la réunion.
(30) Ces examens devraient fournir l’occasion de déterminer les décisions qui pourraient être néces- saires pour traiter des problèmes. Les réunions au cours desquelles a lieu un examen de la mise en œuvre pourront attirer l’attention du CHF sur toute mesure jugée souhaitable pour améliorer la mise en œuvre. (…)
II. Haut Commissaire de la CSCE pour les minorités nationales
(1) Les États participants décident de créer un poste de Haut Commissaire pour les minorités nationales.
Mandat
(2) Le Haut Commissaire agira sous l’égide du CHF et sera par conséquent un instrument de pré- vention des conflits au stade le plus précoce possible.
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(3) Le Haut Commissaire déclenchera le plus tôt possible une « alerte rapide » et, si besoin est, engagera une « action rapide » lorsque des tensions liées à des problèmes de minorités nationales n’auront pas encore dépassé le stade de l’alerte rapide mais seront, selon le Haut Commissaire, susceptibles de dégénérer en conflit dans la zone de la CSCE, menaçant la paix, la stabilité ou les relations entre les États participants et requérant l’attention du Conseil des ministres de la CSCE ou du CHF et une action de leur part.
(4) Dans le cadre de ce mandat fondé sur les principes et engagements de la CSCE, le Haut Com- missaire dont les activités seront confidentielles agira en toute indépendance à l’égard de toutes les parties directement en cause dans les tensions.
(5a) Le Haut Commissaire n’examinera de problèmes de minorités nationales se posant dans le pays dont il est ressortissant ou résident, ou de problèmes relatifs à une minorité nationale à laquelle il appartient, que si toutes les parties directement en cause l’acceptent, y compris l’État concerné. (5b) Le Haut Commissaire n’examinera pas de problèmes de minorités nationales dans des situa- tions comportant des actes organisés de terrorisme. (5c) Le Haut Commissaire ne connaîtra pas non plus des cas individuels dans lesquels des personnes appartenant à une minorité nationale sont victimes de violations des engagements de la CSCE.
(6) Dans son examen d’une situation, le Haut Commissaire tiendra pleinement compte des moyens démocratiques et des instruments internationaux applicables à cette situation, ainsi que de leur utilisation par les parties en cause.
(7) Lorsqu’un problème particulier de minorités nationales aura été porté à l’attention du CHF, le Haut Commissaire ne sera amené à intervenir qu’à la demande du CHF et selon un mandat spé- cifique émanant du CHF.
Profil, nomination, appui
(8) Le Haut Commissaire sera une personnalité internationale éminente ayant une longue expé- rience dans le domaine considéré et dont on peut attendre qu’elle fasse preuve d’une grande impar- tialité dans l’exercice de ses fonctions.
(9) Le Haut Commissaire sera nommé par le Conseil des ministres de la CSCE, par consensus, sur recommandation du CHF et pour une période de trois ans renouvelable une seule fois.
(10) Le Haut Commissaire pourra bénéficier des moyens du BIDDH à Varsovie, et en particulier des informations disponibles au BIDDH sur tous les aspects des problèmes de minorités nationales.
Alerte rapide
(11) Le Haut Commissaire : (11a) recueillera et recevra des sources indiquées ci-dessous des informations sur les problèmes de minorités nationales (voir les paragraphes (23) à (25) du Supplément) ; (11b) évaluera le plus tôt possible le rôle des parties directement en cause, la nature des tensions et des événements récents qui s’y rapportent et, si possible, les conséquences éventuelles pour la paix et la stabilité dans la zone de la CSCE ; (11c) sera à cette fin en mesure de se rendre, conformément aux dispositions du paragraphe (17) et des paragraphes (27) à (30) du Supplément, en visite sur le territoire de tout État participant
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et de communiquer en personne, sous réserve des dispositions du paragraphe (25), avec les par- ties directement en cause afin d’obtenir des informations de première main sur la situation des minorités nationales.
(12) Le Haut Commissaire pourra, au cours d’une visite sur le territoire d’un État participant, tout en obtenant des informations de première main de toutes les parties directement en cause, avoir des entretiens avec les parties et, s’il y a lieu, promouvoir le dialogue, la confiance et la coopéra- tion entre celles-ci.
Déclenchement d’une alerte rapide
(13) Si, après avoir échangé des communications et eu des contacts avec les parties, le Haut Com- missaire en conclut qu’il existe un risque prima facie de conflit potentiel (comme cela est indiqué au paragraphe (3)), il pourra déclencher une alerte rapide dont le CHF sera informé sans délai par le Président en exercice.
(14) Le Président en exercice fera inscrire cette alerte rapide à l’ordre du jour de la réunion sui- vante du CHF. Si un État estime que l’alerte rapide appelle la tenue rapide de consultations, l’État en question peut engager la procédure décrite à l’Annexe 2 au Résumé des conclusions de la Réu- nion du Conseil de Berlin (« Mécanisme d’urgence »).
(15) Le Haut Commissaire exposera au CHF les raisons du déclenchement de l’alerte rapide.
Action rapide
(16) Le Haut Commissaire pourra recommander qu’on l’autorise à prendre de nouveaux contacts et à procéder à des consultations plus poussées avec les parties dans la perspective d’éventuelles solutions conformes à un mandat qui devra faire l’objet d’une décision du CHF. Le CHF pourra décider en conséquence.
Responsabilité
(17) Le Haut Commissaire consultera le Président en exercice avant de se rendre sur le territoire d’un État participant pour étudier un cas de tension intéressant des minorités nationales. Le Pré- sident en exercice consultera confidentiellement l’État (les États) participant(s) concerné(s) et pourra mener des consultations plus larges.
(18) Après avoir effectué une visite sur le territoire d’un État participant, le Haut Commissaire remettra au Président en exercice des rapports strictement confidentiels sur ses conclusions et sur les progrès de son action à propos d’une question particulière.
(19) Au terme de son action au sujet d’un problème particulier, le Haut Commissaire présentera au Président en exercice un rapport contenant ses constatations, les résultats de son action et ses conclusions. Dans le délai d’un mois, le Président en exercice engagera des consultations confiden- tielles sur ces constatations, résultats et conclusions avec le(s) État(s) concerné(s) et pourra élar- gir ses consultations. Le rapport, avec d’éventuelles observations, sera ensuite transmis au CHF.
(20) S’il conclut que la situation s’aggrave au point de dégénérer en conflit, ou s’il estime que ses possibilités d’action sont épuisées, le Haut Commissaire en informera le CHF par l’intermédiaire du Président en exercice.
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(21) Dans le cas où le CHF aura été saisi d’un problème particulier, le Haut Commissaire donnera des informations et, sur demande, des avis au CHF ou à toute autre institution ou organisation que le CHF pourra inviter, conformément aux dispositions du chapitre III du présent document, à prendre des mesures à propos des tensions ou du conflit.
(22) Le Haut Commissaire, si le CHF le lui demande et compte dûment tenu de la règle de confi- dentialité énoncée dans son mandat, présentera des informations au sujet de ses activités aux réu- nions de la CSCE sur la mise en œuvre des engagements concernant la dimension humaine.
Supplément
Sources d’information au sujet des problèmes de minorités nationales
(23) Le Haut Commissaire pourra : (23a) recueillir et recevoir de toutes sources, y compris des médias et d’organisations non gouver- nementales, sauf les exceptions visées au paragraphe (25), des informations concernant la situa- tion des minorités nationales et le rôle des parties ; (23b) recevoir des parties directement en cause des rapports particuliers sur des faits récents liés à des problèmes de minorités nationales. Il pourra s’agir notamment de rapports sur des cas de vio- lation des engagements de la CSCE en ce qui concerne les minorités nationales ainsi que sur d’autres violations commises dans ce contexte.
(24) Ces rapports spéciaux au Haut Commissaire devraient répondre aux critères suivants : • être formulés par écrit, être adressés au Haut Commissaire en tant que tel et comprendre les nom, prénom et adresse des signataires ; • contenir un compte rendu objectif des faits qui touchent la situation de personnes appartenant à des minorités nationales et le rôle des parties, et qui sont survenus dans un passé proche, en principe au cours des douze mois précédents. Les rapports devraient contenir des informa- tions dont on peut suffisamment établir le bien-fondé.
(25) Le Haut Commissaire ne communiquera pas avec des personnes ou des organisations qui pra- tiquent ou excusent publiquement le terrorisme ou la violence, ni ne répondra aux communica- tions présentées par ces personnes et organisations.
Parties directement en cause
(26) Les parties directement en cause dans les tensions, qui pourront fournir des rapports parti- culiers au Haut Commissaire et avec lesquelles ce dernier cherchera à communiquer en personne au cours d’une visite sur le territoire d’un État participant, sont les suivantes : (26a) les gouvernements des États participants, y compris, le cas échéant, les autorités régionales et locales des zones dans lesquelles résident des minorités nationales ; (26b) les représentants d’associations, d’organisations non gouvernementales et de groupes reli- gieux et autres groupes de minorités nationales directement intéressés et présents dans la zone de tension, qui sont autorisés par les personnes appartenant à ces minorités nationales à les repré- senter. Conditions de déplacement du Haut Commissaire
(27) Avant une visite prévue, le Haut Commissaire soumettra à l’État participant concerné des informations précises sur l’objet prévu de cette visite. Dans un délai de deux semaines, l’État (les
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États) concerné(s) consultera (consulteront) le Haut Commissaire à propos des objectifs de la visite qui pourront comprendre la promotion du dialogue, de la confiance et de la coopération entre les parties. Après l’entrée du Haut Commissaire sur son territoire, l’État concerné fera en sorte que le Haut Commissaire puisse se déplacer et communiquer librement sous réserve des dispositions du paragraphe (25) ci-dessus.
(28) Si l’État concerné n’autorise pas le Haut Commissaire à entrer sur son territoire, à s’y dépla- cer et à y communiquer librement, le Haut Commissaire en informera le CHF.
(29) Au cours d’une telle visite, sous réserve des dispositions du paragraphe (25), le Haut Commis- saire pourra consulter les parties et obtenir confidentiellement de la part de tout individu, groupe ou organisation directement en cause des informations sur les questions dont il est saisi. Le Haut Commissaire veillera au respect de la confidentialité de ces informations.
(30) Les États participants ne prendront aucune mesure à l’encontre de personnes, d’organisations ou d’institutions pour avoir eu des contacts avec le Haut Commissaire.
Le Haut Commissaire et l’intervention d’experts
(31) Le Haut Commissaire pourra décider de demander l’assistance de trois experts au plus, dotés des compétences voulues sur des sujets précis pour lesquels de brèves recherches spécialisées et des avis sont nécessaires.
(32) S’il décide de faire appel à des experts, le Haut Commissaire établira un mandat précis et un calendrier des activités des experts.
(33) Les experts ne se rendront sur le territoire d’un État participant qu’en même temps que le Haut Commissaire. Les experts ne se rendront sur le territoire d’un État participant qu’en même temps que le Haut Commissaire.
(34) Les avis et recommandations demandés aux experts seront soumis confidentiellement au Haut Commissaire, qui sera responsable des activités et des rapports des experts et décidera s’il y a lieu de communiquer, et sous quelle forme, ces avis et recommandations aux parties concer- nées. Les avis et recommandations ne seront pas contraignants. Si le Haut Commissaire décide de les mettre à la disposition de l’État (des États) concerné(s), celui-ci (ceux-ci) aura (auront) la pos- sibilité de les commenter.
(35) Les experts seront choisis par le Haut Commissaire avec l’aide du BIDDH sur la liste établie au BIDDH, conformément aux dispositions du Document de la Réunion de Moscou.
(36) Les experts ne pourront être ni des ressortissants, ni des résidents de l’État participant concerné, ni une personne désignée par cet État, ni un expert à l’encontre duquel l’État participant aura pré- cédemment formulé des réserves. Les experts ne pourront être ni des ressortissants ni des rési- dents de l’État participant ni une des personnes désignées par celui-ci pour figurer sur la liste, ne pourra figurer au nombre des experts plus d’un ressortissant ou résident d’un État participant.
Budget
(37) Un budget séparé sera établi au BIDDH qui fournira, selon les besoins, un appui logistique pour ce qui est des déplacements et des communications. Le financement sera assuré par les États
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participants conformément au barème de répartition en vigueur à la CSCE. Des dispositions plus détaillées seront mises au point par le Comité financier et approuvées par le CHF.
IV. Relations avec les organisations internationales, Relations avec les États non participants, Rôle des organisations non gouvernementales (ONG)
(1) Les nouvelles tâches qui incombent à la CSCE supposent qu’elle ait des relations mieux définies et des contacts plus étroits avec des organisations internationales, en particulier avec l’Organisation des Nations Unies et avec des États non participants. La CSCE n’en demeure pas moins un proces- sus dont les activités vont bien au-delà des relations formelles entre États car il intéresse aussi les citoyens et les sociétés des États participants. Les efforts pour établir un ordre durablement paci- fique et démocratique et gérer le processus d’évolution ne peuvent aboutir sans des apports plus structurés et plus substantiels de la part de groupes, d’individus, d’États et d’organisations exté- rieurs au processus de la CSCE.
A cette fin, les États participants ont décidé ce qui suit :
Relations avec les organisations internationales
(2) Les États participants, confirmant les engagements auxquels ils ont souscrit aux termes de la Charte des Nations Unies, déclarent que la CSCE est un accord régional au sens du Chapitre VIII de la Charte des Nations Unies et qu’elle constitue en cette qualité un lien important entre la sécurité en Europe et la sécurité mondiale. Les droits et responsabilités du Conseil de sécurité des Nations Unies demeurent intacts dans leur intégralité.
(3) Rappelant les décisions pertinentes du Document de Prague, les États participants favorise- ront des contacts plus étroits et une meilleure coopération pratique avec les organisations inter- nationales appropriées.
(4) Ils pourront par conséquent convenir d’inviter les organisations et institutions internatio- nales mentionnées dans le Document de Prague ainsi que d’autres, le cas échéant, à présenter des contributions.
(5) Ces organisations, institutions et autres pourront être invitées, comme il en aura été convenu, à assister aux réunions et aux séminaires de la CSCE en qualité d’hôtes d’honneur avec des plaques portant leur nom.
(6) Elles feront plein usage des informations échangées conformément aux dispositions du para- graphe 44 du Document de Prague.
Relations avec les États méditerranéens non participants
(7) Rappelant les dispositions de l’Acte final et des autres documents pertinents de la CSCE et confor- mément à la pratique établie, les États méditerranéens non participants continueront à être invités à contribuer aux activités de la CSCE.
(8) D’autres mesures visant à étendre le champ de la coopération avec les États méditerranéens non participants sont exposées au chapitre X.
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Relations avec les États non participants
(9) Conformément au paragraphe 45 du Document de Prague, les États participants se proposent d’approfondir leur coopération et de resserrer leurs liens avec des États non participants, comme le Japon, qui s’intéressent à la CSCE, souscrivent à ses principes et objectifs et sont activement engagés dans la coopération européenne dans le cadre d’organisations compétentes en la matière.
(10) A cette fin, le Japon sera invité à assister aux réunions de la CSCE, y compris celles des chefs d’État ou de gouvernement, du Conseil de la CSCE, du CHF et d’autres organes appropriés de la CSCE qui examinent des aspects spécifiques d’une consultation et d’une coopération élargies.
(11) Des représentants du Japon pourront présenter des contributions à ces réunions, sans partici- per à l’élaboration et l’adoption de décisions, sur des questions auxquelles le Japon est directement intéressé et/ou pour lesquelles il souhaite coopérer activement avec la CSCE.
Accroissement de la transparence des activités de la CSCE, promotion de la compréhension du rôle de la CSCE, élargissement du rôle des ONG
(12) Les États participants augmenteront la transparence des institutions et des structures de la CSCE et veilleront à diffuser largement des informations sur la CSCE.
(13) A cette fin : • le Président en exercice, avec l’assistance du Secrétariat de la CSCE, organisera des réunions d’information sur le processus de consultations politiques ; • les institutions de la CSCE, dans la limite de leur budget, fourniront des informations au public et organiseront des réunions publiques d’information sur leurs activités ; • le Secrétariat facilitera l’information des médias et les contacts avec les médias, sans perdre de vue que les questions touchant à la politique de la CSCE demeurent de la responsabilité des États participants.
(14) Les États participants offriront aux organisations non gouvernementales des occasions de par- ticiper davantage aux activités de la CSCE.
(15) En conséquence : • ils appliqueront à toutes les réunions de la CSCE les directives antérieurement convenues en ce qui concerne l’accès des ONG à certaines réunions de la CSCE ; • ils offriront aux ONG l’accès à toutes les séances plénières des conférences d’examen, des sémi- naires, ateliers et réunions du BIDDH, du CHF lorsqu’il siégera en tant que Forum écono- mique, des réunions sur la mise en œuvre des engagements concernant les droits de l’homme et d’autres réunions d’experts. En outre, chaque réunion pourra décider d’admettre les ONG à certaines autres séances ; • ils donneront pour instructions aux directeurs des institutions de la CSCE et aux secrétaires exécutifs des réunions de la CSCE de désigner un « chargé de liaison avec les ONG » parmi les membres de leur personnel ; • ils désigneront, le cas échéant, un fonctionnaire de leur ministère des affaires étrangères et un membre de leur délégation aux réunions de la CSCE comme responsables de la liaison avec les ONG ;
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• ils favoriseront, entre les réunions de la CSCE, les contacts et les échanges de vues entre les ONG et les autorités nationales et institutions gouvernementales compétentes ; • ils faciliteront, au cours des réunions de la CSCE, des discussions informelles entre les repré- sentants des États participants et ceux des ONG ; • ils encourageront la présentation par les ONG aux institutions et réunions de la CSCE de com- munications écrites dont les intitulés pourront être gardés et communiqués aux États partici- pants qui le demanderont ; • ils prodigueront des encouragements aux ONG qui organiseront des séminaires sur des ques- tions concernant la CSCE ; • ils notifieront aux ONG par le canal des institutions de la CSCE les dates des futures réunions de la CSCE en indiquant, dans la mesure du possible, les sujets qui seront traités ainsi que, sur demande, le déclenchement des mécanismes de la CSCE qui aura été porté à la connaissance de tous les États participants.
(16) Les dispositions ci-dessus ne s’appliqueront pas aux personnes ou organisations qui recourent à la violence ou excusent publiquement le terrorisme ou le recours à la violence.
(17) Les États participants utiliseront tous les moyens appropriés pour faire connaître aussi large- ment que possible dans leur société la CSCE, ses principes, engagements et activités.
(18) L’idée de créer un Prix de la CSCE sera étudiée.
VI. La dimension humaine
(1) Les États participants ont fait un bilan utile de la mise en œuvre des engagements pris par la CSCE au titre de la dimension humaine. Ils ont axé leurs débats sur le nouvel ensemble de valeurs qu’ils ont établi en commun, tel qu’il a été énoncé dans la Charte de Paris pour une nouvelle Europe et complété par les nouvelles normes élaborées au sein de la CSCE ces dernières années. Ils ont noté d’importants progrès dans le respect des engagements pris au titre de la dimension humaine, mais ils ont également constaté que des faits nouveaux causaient de graves préoccupations, et que par conséquent de nouvelles améliorations étaient indispensables.
(2) Les États participants sont fermement déterminés à assurer le plein respect des droits de l’homme et des libertés fondamentales, à observer les règles de l’État de droit, à promouvoir les principes de la démocratie et, à cet égard, à édifier, renforcer et protéger les institutions démocratiques ainsi qu’à favoriser la tolérance à tous les niveaux de la société. Pour ce faire, ils élargiront le cadre opé- rationnel de la CSCE, notamment en renforçant davantage le BIDDH, de manière à pouvoir échan- ger de manière plus concrète et utile des informations, des idées et des vues sur des sujets qui les préoccupent et, entre autres, à être alertés rapidement en cas de tensions et de risque de conflit. Ce faisant, ils concentreront leur attention sur les sujets relevant du domaine de la dimension humaine qui présentent une importance particulière. Ils garderont donc constamment à l’examen la question du renforcement de la dimension humaine, en particulier à une époque de changement.
(3) En conséquence, les États participants adoptent les dispositions suivantes :
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Contrôle du respect des engagements pris au titre de la dimension humaine et promotion de la coopération dans ce domaine : cadre général
(4) Afin d’améliorer et de contrôler le respect des engagements de la CSCE et aussi de promouvoir les progrès dans le domaine de la dimension humaine, les États participants sont convenus de ren- forcer le cadre de leur coopération et, à cette fin, décident ce qui suit :
Accroissement du rôle du BIDDH
(5) Sous la direction générale du CHF et en sus des tâches qu’il remplit déjà, telles qu’elles sont définies dans la Charte de Paris pour une nouvelle Europe et dans le Document de Prague sur le développement ultérieur des institutions et structures de la CSCE, le BIDDH, en tant que prin- cipale institution de la dimension humaine : (5a) aidera à contrôler la mise en œuvre des engagements pris au titre de la dimension humaine : • en servant de lieu de rencontre pour les réunions bilatérales en application du paragraphe 2 et de canal d’information en vertu du paragraphe 3 du mécanisme de la dimension humaine, tel qu’il est décrit dans le Document de clôture de Vienne ; • en prenant connaissance des observations des États qui auront reçu des missions de la CSCE intéressant la dimension humaine, autres que celles prévues au titre du mécanisme de la dimen- sion humaine ; il transmettra les rapports de ces missions, ainsi que les éventuelles observations, à tous les États participants en vue de leur examen lors de la réunion sur la mise en œuvre ou de la conférence d’examen suivante ; • en participant à des missions ou en les organisant, lorsqu’il en sera chargé par le Conseil ou le CHF ; (5b) servira de centre d’échange des informations concernant : • l’état d’exception, conformément au paragraphe 28.10 du Document de la Réunion de Moscou de la Conférence sur la dimension humaine ; • les listes d’experts et l’aide pouvant être offerte, par exemple en matière de recensement, ou sur le fonctionnement de la démocratie à l’échelon local et régional, ainsi que sur la tenue de sémi- naires nationaux sur ces questions ; (5c) apportera son appui aux autres activités menées dans le domaine de la dimension humaine, y compris à la mise en place des institutions démocratiques : • en exécutant les tâches définies dans le « Programme d’aide coordonnée à l’intention des États participants récemment admis » ; • en organisant à la demande d’États participants des « séminaires sur le processus démocratique ». Les mêmes modalités d’organisation que celles énoncées dans le « Programme d’appui coor- donné à l’intention des États participants récemment admis » s’appliqueront à ces séminaires ; • en contribuant, dans la limite des ressources dont il dispose, à la préparation de séminaires orga- nisés à la demande d’un ou de plusieurs États participants ; • en fournissant, s’il y a lieu, des moyens au Haut Commissaire pour les minorités nationales ; • en communiquant, s’il y a lieu, avec les organisations internationales et non gouvernementales compétentes ; • en tenant des consultations et en collaborant avec les organes compétents du Conseil de l’Eu- rope et des organes qui lui sont associés, ainsi qu’en examinant comment ces organes peuvent contribuer, selon les besoins, aux activités du BIDDH. Ce dernier communiquera également, à la demande des États participants, des informations sur les programmes qui sont réalisés dans le cadre du Conseil de l’Europe et sont ouverts à tous les États participants.
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(6) Dans le cadre des activités qu’il entreprendra sur des questions relatives à la dimension humaine, le BIDDH pourra notamment contribuer au déclenchement d’une alerte rapide dans le cadre de la prévention des conflits.
Mécanisme de la dimension humaine
(7) Afin d’aligner le mécanisme de la dimension humaine sur les structures et les institutions actuelles de la CSCE, les États participants décident ce qui suit :
Tout État participant qui le juge nécessaire peut communiquer aux autres États participants, par l’intermédiaire du BIDDH – qui peut également servir de lieu de rencontre pour les réunions bila- térales organisées au titre du paragraphe 2 – ou par la voie diplomatique, des informations sur des situations et des cas qui ont fait l’objet de demandes au titre des paragraphes 1 ou 2 du chapitre « Dimension humaine de la CSCE » du Document de clôture de Vienne. Ces informations peuvent être discutées aux réunions du CHF, aux réunions sur la mise en œuvre des engagements concer- nant la dimension humaine et aux conférences d’examen.
(8) Les méthodes de répartition des dépenses afférentes aux missions d’experts et aux missions de rapporteurs du mécanisme de la dimension humaine pourront être examinées par la prochaine conférence d’examen, à la lumière de l’expérience acquise.
Mise en œuvre
Réunions sur la mise en œuvre des engagements concernant la dimension humaine
(9) Chaque année au cours de laquelle il n’y a pas de conférence d’examen, le BIDDH organisera, à son siège, une réunion d’experts de tous les États participants pendant trois semaines pour faire le bilan de la mise en œuvre des engagements pris par la CSCE au titre de la dimension humaine. La réunion remplira les tâches suivantes : (9a) échange de vues approfondi sur la mise en œuvre des engagements concernant la dimension humaine, y compris un débat sur les informations fournies conformément au point 4 du mécanisme de la dimension humaine et sur les aspects de la dimension humaine abordés dans les rapports de mission de la CSCE, ainsi qu’un examen des moyens permettant d’améliorer la mise en œuvre ; (9b) évaluation des procédures de contrôle du respect des engagements.
(10) La réunion sur la mise en œuvre pourra appeler l’attention du CHF sur les mesures qu’elle jugera nécessaires pour améliorer la mise en œuvre.
(11) La réunion sur la mise en œuvre n’établira pas de texte négocié.
(12) Les contributions écrites et les éléments d’information seront considérés ou non comme des documents à distribution restreinte, selon l’indication fournie par l’État qui les présentera.
(13) Les réunions sur la mise en œuvre comporteront des séances officielles et des séances infor- melles. Toutes les séances officielles seront publiques. Par ailleurs, les États participants pourront décider, au cas par cas, de rendre publiques des séances informelles.
(14) Le Conseil de l’Europe, la Commission européenne « Démocratie par la loi » et la Banque européenne pour la reconstruction et le développement (BERD), ainsi que les autres organisations
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et institutions internationales compétentes, seront encouragés par la réunion sur la mise en œuvre à assister aux séances et à y présenter des contributions.
(15) Les organisations non gouvernementales ayant l’expérience voulue dans le domaine de la dimen- sion humaine sont invitées à présenter des communications écrites à la réunion sur la mise en œuvre, par exemple par l’intermédiaire du BIDDH, et pourront être invitées par la réunion sur la mise en œuvre, après présentation de leurs communications écrites, à prendre, le cas échéant, la parole sur certains points.
(16) Lors de la réunion sur la mise en œuvre, aucune séance officielle ne sera prévue pendant deux demi-journées afin de ménager de plus grandes possibilités de contact avec les ONG. A cette fin, une salle sera mise à la disposition des ONG, sur le lieu de la réunion.
Séminaires de la CSCE sur la dimension humaine
(17) Sous la direction générale du CHF, le BIDDH organisera des séminaires de la CSCE sur la dimension humaine qui traiteront de questions précises présentant un intérêt particulier pour la dimension humaine et correspondant à des préoccupations politiques actuelles. Le CHF éta- blira un programme de travail annuel dans lequel seront indiqués le titre et les dates de ces sémi- naires. L’ordre du jour et les modalités de chaque séminaire seront approuvés par le CHF au plus tard trois mois avant le séminaire. Ce faisant, le CHF prendra en considération les points de vue exprimés par le BIDDH. A moins qu’il n’en soit décidé autrement, les séminaires se tiendront au siège du BIDDH et dureront au maximum une semaine. Le programme de travail tiendra dûment compte des travaux conduits par les organisations et institutions internationales compétentes.
(18) Les séminaires seront organisés dans un esprit d’ouverture et de souplesse. Des organisations et institutions internationales compétentes pourront être invitées à participer et à contribuer aux travaux des séminaires. Il en va de même pour les ONG ayant une expérience pertinente. Les experts indépendants participant au séminaire en tant que membres d’une délégation nationale seront également libres de prendre la parôle à titre individuel.
(19) Les séminaires de la CSCE comprendront des séances officielles et des séances informelles. Toutes les séances officielles seront publiques. Par ailleurs, les États participants pourront décider, au cas par cas, de rendre publiques des séances informelles.
(20) Les séminaires de la CSCE n’établiront pas de textes négociés ni de programmes de suivi.
(21) Les contributions des experts indépendants seront considérées comme des documents à dis- tribution non restreinte.
Engagements et coopération accrus dans le domaine de la dimension humaine
Minorités nationales
Les États participants,
(23) Réaffirment dans les termes les plus vigoureux leur détermination de mettre en œuvre rapide- ment et fidèlement tous les engagements qu’ils ont contractés dans le cadre de la CSCE, notamment ceux qui sont énoncés dans le Document de clôture de Vienne, le Document de Copenhague et le Rapport de Genève pour ce qui est des questions relatives aux minorités nationales et aux droits des personnes appartenant à ces minorités ;
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(24) Intensifieront, dans ce contexte, leurs efforts pour assurer aux personnes appartenant aux mino- rités nationales le libre exercice des droits de l’homme et des libertés fondamentales, que ce soit individuellement ou en commun avec d’autres, y compris le droit de pleinement participer, confor- mément aux procédures démocratiques de prise de décisions appliquées par chaque État, à la vie politique, économique, sociale et culturelle du pays dans lequel elles vivent, y compris par la parti- cipation démocratique aux instances décisionnelles et aux organes consultatifs existant à l’échelon national, régional et local, notamment par le truchement des partis politiques et des associations ;
(25) Continueront, par des efforts unilatéraux, bilatéraux et multilatéraux, à rechercher de nou- veaux moyens d’améliorer la mise en œuvre des engagements pertinents de la CSCE auxquels ils ont souscrit, y compris ceux qui sont liés à la protection et l’instauration de conditions propices à la promotion de l’identité ethnique, culturelle, linguistique et religieuse des minorités nationales ;
(26) Traiteront des problèmes de minorités nationales de manière constructive, par des moyens pacifiques et par le dialogue entre toutes les parties intéressées, sur la base des principes et enga- gements de la CSCE ;
(27) S’abstiendront de réinstaller et condamnent toutes les tentatives visant à réinstaller, par la menace ou l’usage de la force, des personnes dans le but de modifier la composition ethnique de régions situées sur leur territoire ;
Populations autochtones
Les États participants,
(29) Notant que les personnes appartenant à des populations autochtones peuvent rencontrer des problèmes particuliers dans l’exercice de leurs droits, conviennent que les engagements auxquels ils ont souscrit dans le cadre de la CSCE s’agissant des droits de l’homme et des libertés fonda- mentales s’appliquent pleinement et sans discrimination à ces personnes.
Tolérance et non-discrimination
Les États participants,
(30) Expriment leur préoccupation devant les récentes manifestations éhontées d’intolérance, de dis- crimination, de nationalisme agressif, de xénophobie, d’antisémitisme et de racisme, et soulignent le rôle capital que jouent la tolérance, la compréhension et la coopération dans l’instauration et le maintien de sociétés démocratiques stables ; (…)
(32) Envisageront d’adhérer à la Convention internationale sur l’élimination de toutes les formes de discrimination raciale, s’ils ne sont pas encore parties à cet instrument ;
(33) Envisageront de prendre des mesures appropriées dans le cadre de leur système constitutionnel et conformément à leurs obligations internationales pour assurer la protection de toute personne se trouvant sur leur territoire contre toute discrimination fondée sur la race, l’appartenance ethnique et la religion, ainsi que pour protéger tous les individus, y compris les étrangers, contre les actes de violence, y compris ceux fondés sur l’un quelconque de ces motifs. De plus, ils tireront pleine- ment parti de leur système juridique, notamment par l’application des lois en vigueur en la matière ;
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(34) Envisageront de mettre au point des programmes qui viseront à créer les conditions propices à la promotion de la non-discrimination et à la compréhension interculturelle et qui se concentre- ront sur l’éducation dans le domaine des droits de l’homme, l’action à la base, la formation inter- culturelle et la recherche ;
(35) Réaffirment, à cet égard, la nécessité d’élaborer des programmes appropriés traitant des pro- blèmes de leurs ressortissants respectifs appartenant à des communautés de Roms et à d’autres groupes traditionnellement connus sous le nom de gitans et de créer des conditions leur permet- tant de bénéficier d’une égalité des chances de participer pleinement à la vie de la société, et exa- mineront les moyens de coopérer à cette fin.
Travailleurs migrants
Les États participants,
(36) Réaffirment que les droits de l’homme et les libertés fondamentales sont universels, que les travailleurs migrants doivent aussi en jouir où qu’ils vivent et qu’il importe d’appliquer tous les engagements de la CSCE aux travailleurs migrants et à leur famille résidant légalement sur le ter- ritoire des États participants ;
(37) Contribueront à créer des conditions propres à favoriser une plus grande harmonie dans les relations entre les travailleurs migrants et les autres membres de la société de l’État participant sur le territoire duquel ils résident légalement. A cette fin, ils s’efforceront de proposer entre autres des mesures visant à faciliter aux travailleurs migrants et à leur famille la connaissance de la langue et du mode de vie de l’État participant sur le territoire duquel ils résident légalement pour leur permettre de participer à la vie de la société du pays d’accueil ;
(38) S’efforceront, conformément à leurs politiques et à leur législation internes ainsi qu’à leurs obli- gations internationales, de créer, le cas échéant, des conditions favorables à la promotion de l’égalité des chances des travailleurs migrants résidant et travaillant légalement sur leur territoire en ce qui concerne les conditions de travail, l’éducation, la sécurité sociale et les services de santé, le loge- ment et l’affiliation à un syndicat ainsi que les droits culturels.
Réfugiés et personnes déplacées
Les États participants,
(39) Expriment leur inquiétude au sujet du problème des réfugiés et des personnes déplacées ;
(40) Soulignent qu’il est important de prévenir les situations susceptibles de provoquer des flux massifs de réfugiés et de personnes déplacées et insistent sur la nécessité de définir et d’étudier les causes fondamentales des déplacements et des migrations involontaires ;
(41) Reconnaissent que le cas des réfugiés et des personnes déplacées qui affluent massivement doit faire l’objet d’une coopération internationale ;
(42) Reconnaissent que le déplacement est souvent le résultat de violations des engagements de la CSCE, y compris de ceux qui intéressent la dimension humaine ;
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(43) Réaffirment l’importance des normes et instruments internationaux en vigueur pour la pro- tection des réfugiés et l’aide à leur apporter et envisageront d’adhérer à la Convention relative au statut des réfugiés et au Protocole qui s’y rattache, s’ils ne sont pas encore parties à ces instruments ;
(44) Reconnaissent le rôle important que jouent le Haut Commissaire des Nations Unies pour les réfugiés et le Comité international de la Croix-Rouge, ainsi que les organisations humanitaires non gouvernementales, lorsqu’il s’agit d’assurer protection et assistance aux réfugiés et aux per- sonnes déplacées ;
(45) Notent avec satisfaction et appuient les mesures unilatérales, bilatérales et multilatérales prises pour assurer protection et assistance aux réfugiés et aux personnes déplacées dans le but de trou- ver des solutions durables ; (…)
Droit humanitaire international
Les États participants,
(47) Rappellent que le droit humanitaire international est fondé sur la dignité inhérente à la per- sonne humaine ;
(48) Respecteront en toutes circonstances et feront respecter le droit humanitaire international, y compris la protection de la population civile ;
(49) Rappellent que les auteurs de violations du droit humanitaire international sont tenus pour personnellement responsables ;
(50) Reconnaissent le rôle essentiel que joue le Comité international de la Croix-Rouge pour pro- mouvoir l’application et l’élaboration du droit humanitaire international, y compris des Conven- tions de Genève et de leurs Protocoles applicables ;
(51) Réaffirment l’engagement qu’ils ont pris de soutenir sans réserve le Comité international de la Croix-Rouge, ainsi que les sociétés de la Croix-Rouge et du Croissant-Rouge, et les organi- sations du système des Nations Unies, particulièrement en période de conflit armé, de respecter leurs emblèmes protecteurs, de prévenir l’utilisation abusive de ces emblèmes et, le cas échéant, de prendre toutes les mesures visant à assurer l’accès aux zones concernées ;
(52) S’engagent à remplir le devoir qui leur incombe d’enseigner les obligations découlant du droit humanitaire international et de diffuser les informations s’y rapportant.
Démocratie à l’échelon local et régional
Les États participants,
(53) S’efforceront, en vue de renforcer la participation démocratique et l’édification d’institutions démocratiques et en développant la coopération entre eux, de partager leur expérience respec- tive du fonctionnement de la démocratie à l’échelon local et régional et, à cet égard, notent avec satisfaction la mise en place, dans ce domaine, du réseau d’information et d’éducation du Conseil de l’Europe ;
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(54) Faciliteront les contacts entre les autorités locales et régionales et encourageront diverses formes de coopération entre elles.
Nationalité
Les États participants,
(55) Reconnaissent que tout individu a droit à une nationalité et que nul ne peut être privé de sa nationalité arbitrairement ;
(56) Ils soulignent que tous les aspects de la nationalité seront traités dans le respect de la légalité. Ils prendront, le cas échéant, des mesures compatibles avec leur système constitutionnel pour ne pas augmenter le nombre des cas d’apatridie ;
(57) Ils poursuivront à la CSCE les débats sur ces questions.
Peine de mort
Les États participants,
(58) Confirment leurs engagements concernant la peine de mort énoncés dans les Documents de Copenhague et de Moscou.
Liberté des médias
Les États participants,
(59) Chargent le BIDDH d’organiser un séminaire sur la liberté des médias qui se tiendra en 1993. L’objectif de ce séminaire sera d’encourager des représentants des pouvoirs publics et des pro- fessionnels des médias à discuter, faire des démonstrations, établir des contacts et échanger des informations.
Éducation
Les États participants,
(60) Accueilleraient favorablement, vu l’importance de l’éducation pour la diffusion des notions de démocratie, de droits de l’homme et d’institutions démocratiques, particulièrement à une époque de changement, l’organisation à cette fin, par le Conseil de l’Europe, d’un séminaire intitulé « Édu- cation : structures, politiques et stratégies » et ouvert à tous les États participants.
Recueils des engagements concernant la dimension humaine
Les États participants,
(61) Accueillent favorablement l’élaboration de recueils des engagements pris par la CSCE au titre de la dimension humaine, en vue de favoriser une meilleure compréhension pour la mise en œuvre de ces engagements.
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Directives concernant l’application à l’échelon national
Les États participants,
(62) Encourageront, s’il y a lieu, l’élaboration de directives en vue d’aider à l’application effective de la législation interne sur les questions de droits de l’homme relevant des engagements de la CSCE. (…)
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Résumé des Conclusions de la Réunion du Conseil de Stockholm
Édification d’une nouvelle Europe – le rôle de la CSCE (…)
Les ministres ont réaffirmé leur engagement d’utiliser la CSCE pour renforcer les droits de l’homme, la démocratie, l’État de droit et la liberté économique en tant que fondements de la paix, de la sécu- rité et de la stabilité, et de prévenir, gérer et résoudre les conflits dans la zone de la CSCE.
Les ministres ont condamné l’emploi accru de la force en Europe, qui a conduit à une exacerba- tion de la violence et de la haine. Ils ont rejeté avec fermeté les continuelles violations flagrantes des droits de l’homme. Ils se sont engagés à agir pour lutter contre la multiplication des manifes- tations de racisme, d’antisémitisme et de toutes les formes d’intolérance dans la zone de la CSCE. (…)
Les principaux aspects de la stratégie de la CSCE sont les suivants : (…) • Faire valoir la capacité de la CSCE de déclencher une alerte rapide grâce à la nomination d’un Haut Commissaire pour les minorités nationales qui jouira du soutien politique total de tous les États participants ; • Utiliser activement les missions et les représentants afin de mener une diplomatie préventive pour promouvoir le dialogue et la stabilité et permettre le déclenchement d’une alerte rapide ; • Utiliser efficacement les missions et les représentants dans les régions touchées par des crises, comme élément d’une stratégie de consultation, de négociation et d’action concertée en vue de limiter les conflits avant qu’ils ne dégénèrent ; • Coopérer, selon les besoins, avec les organisations internationales et les différents États partici- pants pour garantir que toute la gamme des mécanismes et procédures de la CSCE, y compris le maintien de la paix, puisse être appliquée ; • S’attacher davantage à traiter les causes profondes des conflits en mettant en œuvre tous les aspects de la dimension humaine de la CSCE et en faisant participer plus directement les orga- nisations non gouvernementales et les citoyens aux travaux de la CSCE ; • Rendre tous les gouvernements responsables l’un envers l’autre de leur conduite à l’égard de leurs citoyens et des États voisins et tenir pour personnellement responsables les auteurs de crimes et d’actes de guerre commis en violation du droit humanitaire international ; (…)
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Décisions (…)
2. La CSCE en tant que communauté de valeurs
La conception globale de la sécurité de la CSCE établit une relation directe entre la paix, la sécu- rité et la prospérité, d’une part, et le respect des droits de l’homme et des libertés démocratiques, d’autre part. Un grand nombre des problèmes actuels sont liés à l’incapacité de respecter les enga- gements et principes de la CSCE.
Les mécanismes de la dimension humaine de la CSCE servent de plus en plus de fondement princi- pal à l’action de la CSCE en matière d’alerte rapide et de prévention des conflits. Leur amélioration et la poursuite de leur utilisation renforceront considérablement la capacité de la CSCE à traiter les causes profondes des tensions et à perfectionner ses mécanismes d’alerte rapide dans des situa- tions potentiellement dangereuses.
Les ministres se sont félicités du renforcement du rôle du Bureau des institutions démocratiques et des droits de l’homme et de la nomination du Haut Commissaire pour les minorités nationales, mesures particulièrement utiles en vue de mieux intégrer la dimension humaine dans les consul- tations politiques et l’action concertée des États participants (…) Ils ont exprimé le souhait que les États participants nouvellement admis utilisent tout particulièrement les possibilités que leur offrent ces institutions.
Le respect des engagements de la CSCE revêt une importance fondamentale. Par le contrôle de ce respect, les gouvernements des États participants obtiennent des informations essentielles pour définir leur politique (…)
Les ministres se sont déclarés profondément préoccupés par les récentes manifestations de natio- nalisme agressif, de xénophobie, d’antisémitisme et de racisme et par d’autres manquements au respect des droits de l’homme. Les violations du droit humanitaire international et des principes et engagements de la CSCE telles que la « purification ethnique », ou les déportations de masse, ont des conséquences dangereuses pour le maintien de la paix, de la sécurité et de la démocratie en Europe et ne seront pas tolérées. Ils sont convaincus que la CSCE, et notamment le Comité des hauts fonctionnaires et le Haut Commissaire pour les minorités nationales, devrait accorder une plus grande attention à ces menaces dirigées contre les droits de l’homme et les libertés fonda- mentales. Le CHF fera rapport à ce sujet au Conseil des ministres lors de sa prochaine réunion, au cours de laquelle ce dernier examinera les faits nouveaux.
Les ministres ont en outre souligné le rôle important que devrait jouer la dimension humaine de la CSCE dans la prévention à long terme des conflits. Ils ont souligné la nécessité d’une action positive visant à promouvoir la compréhension, la tolérance et l’action préventive à l’échelle natio- nale et locale. Ils ont insisté sur l’importance des contacts directs entre experts, gouvernementaux et non gouvernementaux, par le biais d’une série de séminaires sur la dimension humaine, inau- gurée avec succès par le Séminaire de la CSCE sur la tolérance (…)
Le problème de plus en plus grave des réfugiés et des personnes déplacées préoccupe au plus haut point tous les États participants, en particulier dans le contexte de conflits qui mettent en très grand danger la satisfaction des besoins fondamentaux de l’homme. Les ministres ont déploré la situa- tion critique des populations civiles les plus touchées par de tels conflits et ont exhorté tous les États participants à participer à un effort concerté pour partager le fardeau commun. Tous les gou- vernements sont responsables l’un envers l’autre de leur conduite à l’égard de leurs citoyens et de
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leurs voisins. Les auteurs de crimes et actes de guerre commis en violation du droit humanitaire international doivent être tenus pour personnellement responsables. (…)
3. Haut Commissaire pour les minorités nationales
Le Conseil a nommé M. Max van der Stoel au poste de haut commissaire de la CSCE pour les mino- rités nationales (HCMN) pour renforcer la capacité de la CSCE en matière d’alerte rapide et de diplomatie préventive. Le Haut Commissaire agira dans le cadre du mandat défini dans le Docu- ment de Helsinki. Les ministres ont exprimé leur soutien au Haut Commissaire et leur volonté de coopérer avec lui dans l’exécution de sa tâche complexe, mais déterminante, à savoir déceler et contenir le plus tôt possible les tensions liées à des problèmes de minorités nationales qui sont susceptibles de dégénérer en conflit dans la zone de la CSCE.
Les ministres ont encouragé le Haut Commissaire à analyser minutieusement les régions poten- tielles de tension, à se rendre sur le territoire de tout État participant et à engager des discussions sur des sujets variés à tous les niveaux avec les parties directement concernées par les problèmes. Dans ce contexte, le Haut Commissaire peut aborder les problèmes avec les parties et, s’il y a lieu, encourager le dialogue, la confiance et la coopération entre elles à tous les niveaux, pour favoriser des solutions politiques conformes aux principes et engagements de la CSCE.
Tout en respectant l’indépendance conférée au Haut Commissaire par le mandat, les ministres se sont engagés à lui fournir les informations pertinentes dont ils disposent au sujet des problèmes de minorités nationales. (…)
126 Document de la quatrième réunion du Conseil des ministres de la CSCE Rome 1993
CSCE et la nouvelle Europe – Notre sécurité est indivisible (…)
Les ministres se sont déclarés profondément préoccupés par la prolifération des menaces contre la paix et la stabilité et par le fait que persistent des crises, une violence généralisée et des affron- tements ouverts. Ils ont condamné énergiquement les violations de plus en plus nombreuses des droits de l’homme et du droit humanitaire et les tentatives de certains pays d’acquérir des terri- toires par la force. Il faut apaiser de toute urgence les flux croissants de réfugiés et les immenses souffrances humaines que causent les conflits armés. Les ministres ont réaffirmé la responsabilité personnelle des auteurs de crimes contre l’humanité.
En dépit de ces événements, des progrès encourageants ont été accomplis dans les domaines des droits de l’homme, de la démocratie et de l’État de droit dans plusieurs parties de la région de la CSCE. Les ministres ont constaté avec satisfaction la multiplication des élections libres et le développement des institutions démocratiques observés dans de nombreux États participants. Les ministres ont exprimé leur intention de veiller à ce que la CSCE appuie ces efforts de façon appropriée. (…)
Les ministres ont souligné la nécessité de recourir plus largement aux moyens dont dispose la CSCE dans les domaines de l’alerte rapide et de la diplomatie préventive et d’intégrer davantage la dimen- sion humaine dans cette entreprise. Ils ont salué la contribution du Haut Commissaire pour les minorités nationales au renforcement de ces capacités.
Ils se sont félicités en outre de l’élargissement du rôle du Bureau des institutions démocratiques et des droits de l’homme dans le domaine de la dimension humaine ainsi que des contributions des mis- sions de la CSCE en ce qui concerne la prévention des conflits et la gestion des crises. L’objectif des efforts à venir devrait être d’améliorer l’aptitude à traiter des crises potentielles à un stade précoce. (…)
Afin de matérialiser et d’orienter leurs engagements, les ministres se sont entendus sur un pro- gramme d’action dont la mise en œuvre découlera des décisions qu’ils ont adoptées ce jour.
Ces décisions se rapportent notamment aux questions suivantes : (…)
(c) Le rôle du Haut Commissaire pour les minorités nationales sera accru.
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(d) La dimension humaine sera davantage intégrée dans le processus de consultation politique de la CSCE ; le BIDDH sera renforcé. (…)
Le rôle que joue la CSCE dans la lutte contre le nationalisme agressif, le racisme, le chauvinisme, la xénophobie et l’antisémitisme sera renforcé.
Décisions de la Réunion de Rome du Conseil (…)
III. Haut Commissaire pour les minorités nationales
Conscients de l’interrelation étroite qui existe entre les questions relatives aux minorités nationales et à la prévention des conflits, les ministres ont encouragé le Haut Commissaire pour les mino- rités nationales (HCMN) à poursuivre ses activités dans le cadre de son mandat. Ils ont reconnu que le HCMN constitue un organe novateur et efficace en matière d’alerte rapide et de diploma- tie préventive. Les ministres ont souligné qu’il est important que des États participants coopèrent pleinement avec le Haut Commissaire et contribuent au suivi et à la mise en œuvre de ses recom- mandations. Ils se sont félicités de la décision du CHF d’accroître les ressources allouées au HCMN.
IV. Dimension humaine
1. Les ministres ont affirmé à nouveau que les questions concernant la dimension humaine sont un événement essentiel de la conception globale de la sécurité prônée par la CSCE. Ils ont mentionné que le respect des engagements relatifs à la dimension humaine devait être encore consolidé dans une grande partie de la région de la CSCE et se sont déclarés particulièrement préoccupés par le fait que des civils continuent d’être les victimes d’atrocités dans les conflits en cours dans la région de la CSCE. Préoccupés par les raisons profondes de la tension découlant de préjugés historiques, les ministres ont demandé que des efforts soient entrepris au moyen, entre autres, de l’éducation, pour promouvoir la tolérance et la conscience d’appartenir à un système de valeurs communes. Les ministres ont souligné que la mise en œuvre des engagements concernant la dimension humaine doit occuper une place centrale dans les efforts de la CSCE pour la prévention des conflits.
2. A cette fin, les ministres ont décidé de renforcer les instruments de prévention des conflits et d’alerte rapide dont dispose la CSCE au titre de la dimension humaine. Ils ont souligné dans ce contexte la nécessité d’intensifier la coopération et la coordination avec les organisations inter- nationales compétentes, comme le Conseil de l’Europe, ainsi qu’avec les organisations non gou- vernementales.
Les décisions suivantes ont été prises :
3. Le processus de consultation politique et les missions de la CSCE • Afin de poursuivre l’examen et l’action politiques au titre de la dimension humaine, les organes de décision de la CSCE traiteront régulièrement les questions concernant la dimension humaine en tant que partie intégrante des délibérations relatives à la sécurité européenne. Le BIDDH dis- posera de ressources et d’informations pour accomplir cet examen. • Une plus grande importance sera donnée aux questions concernant la dimension humaine dans les mandats des missions de la CSCE ainsi que dans les rapports de suivi des missions. A cette fin, le BIDDH se verra attribuer un rôle plus important dans la préparation des missions
128 Rome 1993
de la CSCE, entre autres dans la fourniture d’informations et d’avis aux missions conformé- ment à son expertise. • Dans le contexte de la prévention des conflits et de la gestion des crises, la question des migra- tions de masse, à savoir les personnes déplacées et les réfugiés, sera traitée, le cas échéant, par le CHF et par le Comité permanent de la CSCE, compte tenu du rôle des autres organismes internationaux compétents.
4. Le Bureau des institutions démocratiques et des droits de l’homme
Les ministres ont décidé d’élargir les fonctions et les opérations du BIDDH. Celui-ci développera notamment ses activités, dans le cadre de son mandat, dans les domaines suivants : • élaboration d’une base de données élargie concernant des experts des domaines relatifs à la dimen- sion humaine. Les États participants et les organisations non gouvernementales sont invités à faire connaître au BIDDH les experts disponibles dans les domaines relatifs à la dimension humaine ; • renforcement du rôle joué par le BIDDH dans l’observation globale des élections ; • coopération accrue avec les organisations internationales compétentes afin de coordonner les activités et de déterminer les éventuels domaines de collaboration ; • recueil des informations fournies par les ONG ayant une expérience pertinente dans le domaine de la dimension humaine ; • utilisation du BIDDH en tant que point de contact pour les informations fournies par les États participants conformément aux engagements de la CSCE ; • diffusion d’informations d’ordre général sur la dimension humaine et le droit humanitaire international.
Les ministres ont décidé que, pour mener à bien ses nouvelles tâches, le BIDDH devrait se voir accorder des ressources supplémentaires. Ils ont prié le CHF d’examiner les conséquences finan- cières et administratives du renforcement du BIDDH, tel qu’il est décrit ci-dessus.
5. Rationalisation du Mécanisme de Moscou
Reconnaissant que le Mécanisme de Moscou est un important instrument intergouvernemental de suivi des questions concernant la dimension humaine, les ministres sont convenus d’accroître son efficacité et de promouvoir son utilisation en élargissant la liste d’experts et en écourtant les délais prévus dans le cadre du Mécanisme. En outre, le Comité permanent de la CSCE aura le pou- voir de déclencher le Mécanisme et de prendre des mesures de suivi basées sur les comptes rendus des rapporteurs. A cette fin, il a été décidé de modifier le Mécanisme conformément à l’annexe A.
6. Suites des travaux de la Réunion sur la mise en œuvre des engagements concernant la dimen- sion humaine et des séminaires sur la dimension humaine • Les ministres ont attaché une grande importance aux résultats de la première Réunion sur la mise en œuvre des engagements concernant la dimension humaine ainsi que des séminaires qui ont eu lieu dans le cadre de la dimension humaine. Les résultats de la Réunion sur la mise en œuvre des engagements concernant la dimension humaine ont été accueillis avec satisfac- tion, et le CHF et le Comité permanent de la CSCE ont été chargés d’examiner les suites qu’il convient de donner à ces travaux. • Un suivi plus important par les organes politiques de la CSCE, basé sur les comptes rendus des réunions et des séminaires concernant la dimension humaine, sera recherché. Le BIDDH, en consultation avec les États participants intéressés, est invité à soumettre aux prochaines
129 Rome 1993
réunions du CHF ou du Comité permanent de nouvelles propositions en ce qui concerne les suites qu’il convient de donner aux séminaires sur la dimension humaine. • Les ministres se sont déclarés satisfaits des travaux réalisés au cours du séminaire sur la liberté des médias afin de stimuler les organes de radiodiffusion et de télévision indépendants et la presse libre. Ils ont déclaré à nouveau qu’ils s’engageaient à sauvegarder la liberté d’expression, droit fondamental de l’homme, et ont souligné que des médias indépendants étaient indispensables à une société libre et ouverte. A cette fin, les ministres ont décidé qu’il fallait tirer un meilleur parti des instruments dont dispose la CSCE dans le domaine de la dimension humaine pour pro- mouvoir des médias ouverts et diversifiés, notamment en étudiant la possibilité de faire appel à des missions de la CSCE. (…)
VIII. Intégration des États participants récemment admis (…)
2. Les ministres ont souligné l’importance que représente la dimension humaine pour l’intégra- tion ultérieure des États participants récemment admis. Alors qu’un grand nombre de ces États connaissent une période difficile de transition politique et économique, les ministres ont souhaité que les États participants récemment admis fassent tout leur possible pour garantir l’application sur leur territoire de tous les principes et engagements de la CSCE, également en période de crise. Ils ont noté avec satisfaction le rôle que joue le BIDDH en aidant les États participants récemment admis à se doter d’institutions démocratiques. Ils ont demandé au BIDDH d’intensifier ses efforts pour définir et mettre en œuvre des projets de coopération avec ces États dans le cadre du Pro- gramme d’appui coordonné. Ils ont noté en outre la contribution importante qu’ont représentée les séminaires sur la dimension humaine organisés par le BIDDH en faisant mieux comprendre les problèmes que pose le processus d’intégration. Ils sont convenus qu’il importe de mettre plei- nement à profit l’expérience acquise lors de ces séminaires. (…)
X. Déclaration sur le nationalisme agressif, le racisme, le chauvinisme, la xénophobie et l’antisémitisme
1. Rappelant les décisions qu’ils ont prises à la Réunion de Stockholm du Conseil, les ministres ont noté avec une profonde préoccupation la multiplication des manifestations de nationalisme agressif, telles que l’expansionnisme territorial, ainsi que de racisme, de chauvinisme, de xénopho- bie et d’antisémitisme. Ces manifestations sont en contradiction directe avec les principes et les engagements de la CSCE.
2. Les ministres ont noté en outre que ces phénomènes peuvent conduire à la violence, au sépara- tisme par la force et à des luttes ethniques si ce n’est, dans les pires cas, à des pratiques barbares de déportation de masse, de purification ethnique et de violence à l’égard de civils innocents.
3. Le nationalisme agressif, le racisme, le chauvinisme, la xénophobie et l’antisémitisme créent des tensions ethniques, politiques et sociales sur le territoire des États et entre eux. Ils sapent en outre la stabilité internationale et les efforts entrepris dans le monde entier pour consolider fermement les droits universels de l’homme.
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4. Les ministres ont concentré leur attention sur la nécessité de prendre d’urgence des mesures pour faire respecter strictement les normes du droit humanitaire international, y compris la poursuite et le châtiment des auteurs de crimes de guerre et d’autres crimes contre l’humanité.
5. Les ministres sont convenus que la CSCE devait jouer un rôle important dans ces efforts. La promotion active de l’égalité de traitement pour tous conformément au droit international et de la protection des minorités nationales fait partie des normes évidentes de conduite qui découlent des engagements pris dans le cadre de la CSCE.
6. Les ministres ont décidé de garder cette question dûment inscrite à l’ordre du jour de la CSCE et ont donc décidé : • de charger le Comité permanent d’examiner les éventuelles suites à donner ; • d’inviter le Haut Commissaire pour les minorités nationales, compte tenu de son mandat, à accor- der une attention particulière à tous les aspects du nationalisme agressif, du racisme, du chau- vinisme, de la xénophobie et de l’antisémitisme ; • de demander au BIDDH d’accorder une attention spéciale à ces phénomènes et de consacrer les ressources voulues à l’examen de ces problèmes. (…)
Annexe A
Les procédures décrites aux paragraphes 3, 7, 11, 13 et 14 du Document de la Réunion de Mos- cou de la Conférence sur la dimension humaine de la CSCE sont modifiées comme suit (toutes les modifications sont soulignées) :
(3) Une liste sur laquelle chaque État participant fait inscrire jusqu’à six experts sera constituée sans délai auprès de l’Institution de la CSCE. Ces experts seront des personnalités éminentes, y compris si possible des spécialistes expérimentés des questions relatives aux minorités nationales, ayant de préférence une expérience dans le domaine de la dimension humaine, et présentant toutes les garanties d’impartialité dans l’exercice de leurs fonctions.
Les experts seront nommés, à la discrétion de l’État qui les désigne, pour une période de trois à six ans, aucun d’eux ne pouvant exercer consécutivement plus de deux mandats. Dans les quatre semaines suivant la notification par l’Institution de la CSCE de la désignation, tout État participant ne peut émettre des réserves qu’à l’encontre de deux experts au maximum par État participant. Dans ce cas, l’État ayant désigné ce ou ces experts dispose de quatre semaines à partir de la date à laquelle de telles réserves lui auront été notifiées pour réexaminer sa décision et désigner un ou d’autres experts ; s’il confirme son choix initial, le ou les experts visés ne peuvent participer à aucune procédure concernant l’État ayant émis une réserve sans que ce dernier n’y consente expressément.
La liste pourra être utilisée dès qu’elle comptera 45 experts.
(7) La mission d’experts communiquera ses observations à l’État invitant dans les meilleurs délais, si possible dans les trois semaines qui suivent sa constitution. L’État invitant communiquera aux autres États participants, par le canal de l’Institution de la CSCE, dans les deux semaines suivant la date à laquelle elles lui auront été soumises, les observations de la mission ainsi que l’exposé de toute mesure qu’elle aura prise ou entendra prendre en conséquence.
131 Rome 1993
Ces observations et les commentaires formulés éventuellement par l’État invitant pourront être discutés par le Comité des hauts fonctionnaires, qui pourra étudier toute suite éventuelle à don- ner. Ces observations et ces commentaires resteront confidentiels tant qu’ils n’auront pas été por- tés à l’attention de ce Comité. Tant que ces observations et commentaires n’auront pas été diffusés, aucune autre mission d’experts ne pourra être constituée à propos de la même question.
(11) Le ou les rapporteurs de la CSCE établiront les faits, feront rapport à ce sujet et pourront formu- ler un avis sur les solutions possibles à la question soulevée. Le rapport, qui contient une constata- tion des faits, des propositions ou des avis, sera soumis à l’État ou aux États participants concernés et, à moins que tous les États concernés n’en conviennent autrement, à l’Institution de la CSCE, dans les deux semaines qui suivent la désignation du dernier rapporteur. L’État requis soumettra à l’Institution de la CSCE toutes observations concernant le rapport dans les deux semaines sui- vant la soumission de ce rapport à moins que tous les États concernés n’en conviennent autrement.
L’Institution de la CSCE transmettra sans délai le rapport ainsi que toutes observations formulées par l’État requis ou par tout autre État participant à tous les États participants.
Le rapport sera inscrit à l’ordre du jour de la réunion ordinaire suivante du Comité des hauts fonc- tionnaires ou du Comité permanent de la CSCE, lequel pourra décider de la suite éventuelle à don- ner. Le rapport restera confidentiel jusqu’au terme de cette réunion du Comité. Tant que ce rapport n’aura pas été distribué, aucun autre rapporteur ne pourra être désigné à propos de la même question.
(13) Le Comité des hauts fonctionnaires ou le Comité permanent de la CSCE peut, à la demande de tout État participant, décider de constituer une mission d’experts ou de rapporteurs de la CSCE. Dans ce cas, il décide également s’il y a lieu d’appliquer les dispositions pertinentes des para- graphes précédents.
(14) Le ou les États participants qui auront demandé la constitution d’une mission d’experts ou de rapporteurs subviendront aux frais de cette mission. Dans le cas où les experts ou les rappor- teurs auront été désignés en application d’une décision du Comité des hauts fonctionnaires ou du Comité permanent de la CSCE, les dépenses seront assumées par les États participants confor- mément au barème habituel de répartition de ces dépenses. Ces dispositions seront réexaminées lors de la Réunion principale de suivi de la CSCE qui se tiendra à Helsinki.
132 Document de Budapest : Vers un authentique Partenaire dans une Ère Nouvelle (Sommet des chefs d’État ou de gouvernement des États)
Budapest 1994
Déclaration du Sommet de Budapest (…)
7. (...) Les valeurs démocratiques de la CSCE sont fondamentales pour la réalisation de notre objec- tif : édifier une communauté de nations libre de toute division ancienne ou nouvelle, où l’égalité souveraine et l’indépendance de tous les États soient pleinement respectées, où il n’y ait aucune sphère d’influence et où les droits de l’homme et les libertés fondamentales de tous les individus, sans considération de race, de couleur, de sexe, de langue, de religion, d’origine sociale ou d’ap- partenance à une minorité soient résolument protégés. (…)
14. Nous confirmons l’importance de la dimension humaine dans l’ensemble des activités de la CSCE. Le respect des droits de l’homme et des libertés fondamentales, de la démocratie et de l’État de droit représente une composante essentielle dans la région de la CSCE en matière de sécurité et de coopération. Ceci doit rester un objectif primordial de l’action de la CSCE. L’exa- men périodique de la mise en œuvre de nos engagements, qui revêt une importance fondamentale dans toute la CSCE, joue un rôle capital dans la dimension humaine. Le Bureau des institutions démocratiques et des droits de l’homme, qui dispose de moyens renforcés, continuera à aider les États participants, en particulier les États en transition. Nous soulignons l’importance des contacts humains pour mettre fin aux divisions héritées du passé. (…)
Décisions de Budapest
I. Renforcement de la CSCE
1. La nouvelle ère de sécurité et de coopération qui s’est ouverte en Europe a radicalement changé la CSCE et renforcé considérablement son rôle dans l’édification d’une zone de sécurité commune. Pour tenir compte de cette situation, la CSCE s’appellera désormais Organisation pour la sécurité et la coopération en Europe (OSCE). Le changement de dénomination prendra effet le 1er janvier 1995. À compter de cette date, toute référence à la CSCE sera désormais considérée comme réfé- rence à l’OSCE. (…)
133 Budapest 1994
3. Les chefs d’État ou de gouvernement ont décidé que le rôle et les fonctions que la CSCE devra désormais assumer seront notamment les suivants :
(…)
5. – Veiller à la mise en œuvre intégrale des engagements de la CSCE ; (...)
11. – Développer encore l’activité de la CSCE dans le domaine des droits de l’homme et des liber- tés fondamentales ainsi que dans d’autres domaines relevant de la dimension humaine ; (…)
14. Afin d’atteindre ces objectifs, la CSCE adoptera les modalités de fonctionnement suivantes :
15. Le prochain Sommet se tiendra en 1996 à Lisbonne et sera précédé d’une réunion préparatoire. Il y sera décidé de la fréquence des futurs sommets.
16. Le Conseil ministériel (anciennement Conseil de la CSCE), en tant qu’organe de direction et de décision de la CSCE, se réunira en règle générale, au niveau des ministres des affaires étrangères, à la fin du mandat de chaque président.
17. Le Conseil supérieur (remplaçant le Comité des hauts fonctionnaires) se réunira au minimum deux fois par an à Prague. Une réunion supplémentaire sera organisée avant le Conseil ministé- riel. Le Conseil supérieur examinera et définira les grandes orientations politiques et budgétaires. Les États participants sont encouragés à s’y faire représenter au niveau des directeurs politiques ou à un niveau correspondant. Le Conseil supérieur se réunira également en formation de Forum économique.
18. Le Conseil permanent (anciennement Comité permanent) sera chargé, à titre régulier, des consultations et des décisions politiques. Il pourra également être convoqué en cas d’urgence. Il se réunira à Vienne et sera composé des représentants permanents des États participants.
19. La responsabilité générale de l’exécution restera confiée au Président en exercice. Il continuera à exercer pleinement son mandat, notamment en envoyant des représentants personnels. Il sera assisté par la Troïka. La durée du mandat du Président sera en règle générale d’une année civile.
20. Le Secrétaire général continuera à exercer pleinement son mandat et, en appui au Président en exercice, il s’occupera plus activement de tous les aspects du fonctionnement de la CSCE. Il par- ticipera aux réunions ministérielles de la Troïka.
21. La poursuite des activités du Haut Commissaire pour les minorités nationales bénéficiera d’un appui et les ressources à sa disposition seront accrues. Les États participants déploieront davan- tage d’efforts pour mettre en œuvre ses recommandations.
22. Les activités des missions de la CSCE bénéficieront d’un appui politique et d’un suivi du Conseil permanent. Les États participants engageront les ressources humaines et financières nécessaires à l’exécution de leurs tâches.
23. Le Bureau des institutions démocratiques et des droits de l’homme de la CSCE sera renforcé et jouera un rôle important dans les activités de la CSCE.
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24. Le Président en exercice continuera à entretenir des contacts étroits ainsi qu’un dialogue actif avec l’Assemblée parlementaire (AP). Il communiquera au Conseil permanent les recommanda- tions de l’Assemblée parlementaire et informera cette dernière des activités de la CSCE.
25. Les modalités actuelles d’examen de la mise en œuvre de tous les engagements de la CSCE seront maintenues. La réunion d’examen précédant chaque sommet aura lieu à Vienne. (…)
IV. Code de conduite relatif aux aspects politico-militaires de la sécurité Préambule
Les États participants à la Conférence sur la sécurité et la coopération en Europe (CSCE),
Reconnaissant la nécessité de renforcer la coopération en matière de sécurité, y compris par de nouveaux encouragements à respecter des normes de comportement responsable et coopéra- tif en matière de sécurité,
Confirmant que rien dans le présent Code ne porte atteinte à la validité et à l’applicabilité des buts et principes de la Charte des Nations Unies ni à celles d’autres dispositions du droit international,
Réaffirmant l’entière validité des principes directeurs et valeurs communes inscrits dans l’Acte final de Helsinki, la Charte de Paris et le Document de Helsinki 1992, qui sont la base des respon- sabilités des États les uns envers les autres et de celles des gouvernements envers leur peuple, ainsi que la validité des engagements souscrits au titre de la CSCE,
Ont adopté en ce qui concerne les aspects politico-militaires de la sécurité le Code de conduite suivant :
I
1. Les États participants soulignent que le respect intégral de tous les principes de la CSCE énon- cés dans l’Acte final de Helsinki et l’exécution de bonne foi de tous les engagements souscrits au titre de la CSCE sont d’une importance fondamentale pour la stabilité et la sécurité et à ce titre sont une question qui présente un intérêt direct et légitime pour tous.
2. Les États participants confirment la validité permanente de leur conception globale de la sécu- rité, proclamée à l’origine dans l’Acte final, qui établit une relation entre le maintien de la paix et le respect des droits de l’homme et des libertés fondamentales. Il crée un lien entre, d’une part, la coopération dans les domaines de l’économie et de l’environnement et, d’autre part, les rela- tions pacifiques entre États. (…)
II
6. Les États participants ne soutiendront d’aucune manière des actes terroristes et prendront des mesures appropriées pour prévenir et combattre le terrorisme sous toutes ses formes. Ils coopére- ront pleinement pour combattre la menace d’activités terroristes par l’application des instruments internationaux et des engagements auxquels ils souscrivent à cet égard. Ils prendront en particu- lier des mesures pour satisfaire à leurs obligations au titre des accords internationaux par lesquels ils sont tenus de poursuivre ou d’extrader les terroristes.
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(…)
VI
17. Les États participants s’engagent à coopérer, notamment en créant des conditions économiques et écologiques rationnelles, pour apaiser les tensions risquant de dégénérer en conflit. Ces tensions ont parfois pour origine des violations des droits de l’homme et des libertés fondamentales ou le non-respect d’autres engagements au titre de la dimension humaine : les manifestations de natio- nalisme agressif, de racisme, de chauvinisme, de xénophobie et d’antisémitisme mettent elles aussi en danger la paix et la sécurité.
18. Les États participants soulignent qu’il importe à la fois d’identifier rapidement les conflits latents et d’unir leurs efforts dans le domaine de la prévention des conflits, de la gestion des crises et du règlement pacifique des différends.
19. En cas de conflit armé, les États participants chercheront à faciliter la cessation effective des hos- tilités et à créer des conditions favorables à une solution politique du conflit. Ils coopéreront pour appuyer les actions humanitaires destinées à soulager les souffrances des populations civiles, notam- ment en facilitant la circulation des personnes et des ressources affectées à des tâches de cette nature.
VII
20. Les États participants considèrent que le contrôle politique démocratique des forces militaires, paramilitaires et de sécurité intérieure ainsi que des services de renseignements et de police est un élément indispensable de la stabilité et de la sécurité. Ils poursuivront l’intégration de leurs forces armées dans la société civile comme une manifestation importante de la démocratie.
21. Chaque État participant assurera et maintiendra en tout temps la conduite et le contrôle effi- caces de ses forces militaires, paramilitaires et de sécurité par des autorités établies constitu- tionnellement et investies d’une légitimité démocratique. Chaque État participant instituera les contrôles nécessaires pour veiller à ce que les autorités en question s’acquittent de leurs responsa- bilités constitutionnelles et légales. Les États participants définiront clairement le rôle et les mis- sions de leurs forces ainsi que leur obligation d’agir exclusivement dans le cadre constitutionnel.
22. Chaque État participant fera en sorte que son parlement approuve le budget des dépenses mili- taires. Chaque État participant, compte dûment tenu des impératifs de la sécurité nationale, modé- rera ses dépenses militaires et assurera la transparence des programmes de défense de même que l’accès du public aux informations relatives aux forces armées.
23. Chaque État participant, tout en prenant des mesures pour que chaque membre des forces armées puisse exercer ses droits civiques, veillera à ce que ses forces armées elles-mêmes soient politiquement neutres.
24. Chaque État participant prendra et maintiendra des mesures pour se prémunir contre une uti- lisation accidentelle ou non autorisée de moyens militaires.
25. Les États participants s’abstiendront de tolérer ou d’entretenir des forces qui échapperaient au contrôle de leurs autorités constitutionnellement établies ou n’auraient pas à leur rendre compte. Si un État participant n’est pas en mesure d’exercer son autorité sur de telles forces, il pourra pro- céder à des consultations au sein de la CSCE pour examiner les mesures à prendre.
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26. Chaque État participant veillera à ce que, conformément à ses engagements internationaux, ses forces paramilitaires s’abstiennent d’acquérir des capacités de combat excédant les besoins des missions pour lesquelles elles ont été créées.
27. Chaque État participant veillera à ce que le recrutement ou le rappel de personnel pour affec- tation à ses forces militaires, paramilitaires ou de sécurité soit compatible avec ses obligations et engagements en matière de droits de l’homme et de libertés fondamentales.
28. Les États participants feront figurer dans leurs lois ou autres textes pertinents les droits et devoirs des membres des forces armées. Ils étudieront la possibilité de dispenses ou de formules de rem- placement du service militaire.
29. Les États participants diffuseront largement dans leurs pays respectifs les dispositions du droit international humanitaire de la guerre. Ils traduiront, conformément à leur pratique nationale, leurs engagements à cet égard dans leurs programmes et règlements de formation militaire.
30. Chaque État participant fera en sorte que les membres de ses forces armées reçoivent une ins- truction concernant le droit international humanitaire ainsi que les règles, conventions et enga- gements y relatifs régissant les conflits armés et veillera à ce que les membres de ses forces armées soient conscients qu’en vertu du droit national et international ils sont tenus individuellement res- ponsables de leurs actes.
31. Les États participants veilleront à ce que les membres de leurs forces armées investis d’un pou- voir de commandement exercent leur autorité conformément au droit national et international et sachent qu’à ce double titre ils pourront être tenus individuellement responsables s’ils font un usage illégal de leur autorité et qu’ils ne sauraient donner des ordres contraires au droit national ou international. La responsabilité des supérieurs ne dégage pas les subordonnés de leurs propres responsabilités.
32. Chaque État participant fera en sorte que les membres de ses forces militaires, paramilitaires et de sécurité puissent jouir des droits de l’homme et des libertés fondamentales consacrés par les documents de la CSCE et le droit international et exercer ces droits et libertés conformément aux dispositions constitutionnelles et légales pertinentes et compte tenu des nécessités du service.
33. Chaque État participant adoptera des mesures légales et administratives appropriées pour pro- téger les droits de toutes les personnes servant dans ses différentes forces.
VIII
34. Chaque État participant veillera à ce qu’en temps de paix comme en temps de guerre, ses forces armées soient commandées, pourvues en effectifs, entraînées et équipées conformément aux dis- positions du droit international et aux obligations et engagements qu’il a pu contracter concernant l’utilisation des forces armées en cas de conflit armé, notamment le cas échéant en vertu des Conven- tions de La Haye de 1907 et 1954, des Conventions de Genève de 1949 et des Protocoles addition- nels de 1977, ainsi que de la Convention de 1980 sur l’emploi de certaines armes conventionnelles.
35. Chaque État participant veillera à ce que sa politique et sa doctrine de défense soient conformes au droit international en matière d’utilisation des forces armées, y compris dans des conflits armés, et aux engagements pertinents du présent Code.
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36. Chaque État participant veillera à ce que toute décision assignant à ses forces armées des mis- sions de sécurité intérieure soit prise selon des procédures constitutionnelles. Une telle décision spécifiera les missions données aux forces armées et précisera qu’elles seront accomplies sous le contrôle effectif d’autorités constitutionnellement établies et dans le respect de la légalité. Si le recours à la force ne peut être évité dans l’exécution de missions de sécurité intérieure, chaque État participant fera en sorte qu’il soit à la mesure des besoins de maintien de l’ordre. Les forces armées prendront dûment soin d’éviter de blesser des civils ou d’endommager leurs biens.
37. Les États participants n’utiliseront pas leurs forces armées pour limiter l’exercice pacifique et légal des droits fondamentaux et des droits civiques par des personnes agissant à titre individuel ou au nom de groupes ni pour priver ces personnes de leur identité nationale, religieuse, cultu- relle, linguistique ou ethnique.
IX
38. Chaque État participant est responsable de l’observation des dispositions du présent Code. Si on le lui demande, un État participant apportera des précisions sur la manière dont il applique le Code. Les organes, mécanismes et procédures appropriés de la CSCE seront utilisés pour éva- luer et examiner la mise en œuvre du présent Code.
X
39. Les dispositions adoptées dans le présent Code de conduite sont politiquement contraignantes. En conséquence, le présent Code ne peut être enregistré au titre de l’Article 102 de la Charte des Nations Unies. Il entrera en vigueur le 1er janvier 1995.
40. Rien dans le présent Code ne modifie la nature ni le contenu des engagements contractés au titre d’autres documents de la CSCE.
41. Les États participants s’efforceront d’assurer que leurs documents et procédures internes perti- nents ou, le cas échéant, leurs instruments juridiques reflètent les engagements du Code.
42. Le texte du Code sera publié dans chaque État participant, qui le diffusera et le fera connaître le plus largement possible.
VIII. Dimension humaine Introduction
1. Lors de l’examen de la mise en œuvre des engagements de la CSCE dans le domaine de la dimen- sion humaine, les États
participants se sont appuyés sur la communauté de valeurs établie entre eux, dont témoigne le niveau élevé des normes élaborées dans le cadre de la CSCE. Au cours de l’examen, de grands progrès ont été constatés en ce qui concerne le respect des engagements au titre de la dimension humaine. Les États participants ont reconnu cependant que la situation s’était gravement dété- riorée dans certaines zones et qu’il était nécessaire d’agir contre les violations incessantes des droits de l’homme et les manifestations de nationalisme agressif, tel que l’expansionnisme terri- torial, ainsi que le racisme, le chauvinisme, la xénophobie et l’antisémitisme, qui continuent d’être la cause de souffrances humaines.
2. Les droits de l’homme et les libertés fondamentales, l’État de droit et les institutions démocratiques sont les fondements de la paix et de la sécurité, et contribuent pour une large part à la prévention
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des conflits dans un concept global de la sécurité. La protection des droits de l’homme, y compris les droits des personnes appartenant à des minorités nationales, est un fondement essentiel des sociétés civiles démocratiques. Le non-respect de ces droits a, dans certains cas graves, favorisé l’extrémisme, l’instabilité régionale et les conflits. Les États participants ont confirmé que la mise en œuvre des engagements de la CSCE est un sujet de préoccupation légitime commun à tous les États participants, et qu’il est donc utile de soulever ces problèmes dans l’esprit de coopération et de pragmatisme de la CSCE. Ils ont entrepris d’encourager l’application des engagements de la CSCE en favorisant le dialogue, les examens de mise en œuvre et l’utilisation de mécanismes appropriés. En conséquence, ils élargiront le cadre opérationnel de la CSCE, notamment en renforçant le Bureau des institutions démocratiques et des droits de l’homme (BIDDH), qui pourrait participer davan- tage aux travaux du Conseil permanent et des missions, et en coopérant plus étroitement avec les organisations et les institutions internationales actives dans le domaine de la dimension humaine.
3. La participation d’organisations non gouvernementales (ONG) a contribué utilement à l’examen de la mise en œuvre. Dans leurs déclarations, ces organisations ont apporté des idées et soumis des questions préoccupantes à l’attention des États participants. Elles ont également informé les États participants de leurs activités, par exemple dans les domaines de la prévention et du règlement des conflits. L’expérience acquise dans le cadre de la Conférence d’examen de Budapest invite à réflé- chir davantage aux possibilités de promouvoir au sein de la CSCE, outre le dialogue d’État à État, le dialogue entre gouvernements et ONG des États participants.
4. Réaffirmant leurs engagements au titre de la dimension humaine, les États participants, tout en jugeant indispensable de concentrer leurs efforts sur l’application des engagements existants de la CSCE, décident de renforcer leur cadre de coopération et, à cette fin, adoptent ce qui suit :
Renforcement de Respect des Engagement de la CSCE et Promotion de la Cooperation du Dialogue dans la Domaine de la Dimension Humaine
Renforcement de la mise en œuvre
5. Utilisant les structures d’examen de la mise en œuvre contenues dans le Document de Helsinki 1992 et soucieux d’améliorer la mise en œuvre des engagements au titre de la dimension humaine, les États participants utiliseront le Conseil permanent pour approfondir le dialogue sur la dimension humaine et réagir dans les cas de violation de ces engagements. A cet effet, les États participants décident que les questions de la dimension humaine seront traitées régulièrement par le Conseil permanent comme partie intégrante de ses travaux. Ils utiliseront plus largement les possibilités offertes par le Mécanisme de Moscou pour examiner des questions relatives à la dimension humaine ou en faciliter la résolution sur leur territoire.
6. Les États participants encouragent le Président en exercice à informer le Conseil permanent de cas graves de non-application présumée des engagements au titre de la dimension humaine, notam- ment sur la base des informations fournies par le BIDDH, des rapports et des recommandations du Haut Commissaire pour les minorités nationales (HCMN) ou des rapports du chef de telle ou telle mission de la CSCE, ainsi que des informations communiquées par l’État concerné.
7. Les États participants expriment une fois encore leur reconnaissance au HCMN qui, remplis- sant ainsi pleinement son mandat, a pu étudier et traiter avec succès nombre de cas concernant les minorités nationales, en tenant compte également des situations spécifiques des États partici- pants et des parties directement concernées. Ils encouragent le HCMN à poursuivre ses activités présentes et l’appuient dans les tâches nouvelles et complémentaires qu’il pourra entreprendre,
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notamment en ce qui concerne ses recommandations. Ils continueront de s’efforcer à mettre en œuvre ces recommandations.
Rôle du BIDDH
8. Le BIDDH, en tant que principale institution de la dimension humaine, en consultation avec le Président en exercice, participera à titre consultatif aux discussions du Conseil supérieur et du Conseil permanent en faisant rapport à intervalles réguliers sur ses activités et en donnant des informations sur les questions de mise en œuvre. Le BIDDH fournira une documentation de réfé- rence pour l’examen annuel de la mise en œuvre et, en cas de besoin, précisera ou complétera les informations reçues. Agissant en étroite consultation avec le Président en exercice, le Directeur du BIDDH pourra proposer d’autres mesures.
9. Les États participants reconnaissent la nécessité d’une coopération renforcée par l’intermédiaire du BIDDH avec d’autres organisations et institutions internationales qui traitent de la dimen- sion humaine, notamment le Haut Commissaire des Nations Unies aux droits de l’homme pour l’échange d’informations, y compris de rapports, et le lancement de nouvelles activités, comme l’expose le présent document.
10. Les États participants décident : • De renforcer la coopération de la CSCE avec d’autres organisations et institutions internationales, en particulier le HCR et l’Organisation internationale des migrations (OIM), afin de contribuer à la préparation d’une conférence régionale du HCR consacrée aux problèmes des réfugiés, des personnes déplacées ou contraintes à d’autres formes de déplacement non volontaire ainsi que des personnes rapatriées dans les pays de la Communauté des États indépendants (CEI) et dans d’autres États voisins concernés ; à cet effet, après consultation avec le Comité financier infor- mel, un poste temporaire d’expert des problèmes de migrations, financé par des contributions volontaires, sera établi ; • D’assigner au BIDDH la fonction de centre d’échange des informations sur les questions rela- tives aux médias dans la région et d’encourager les gouvernements, les journalistes et les ONG à fournir au BIDDH des informations sur la situation des médias.
11. Le BIDDH sera consulté avant que soit adopté le mandat d’une mission de la CSCE et il contri- buera au suivi des rapports des missions en fonction des décisions du Conseil permanent. Les connaissances du BIDDH au sujet des experts de la dimension humaine devraient être mises à profit pour compléter l’effectif des missions de la CSCE. Ces missions chargeront également un de leurs membres d’assurer la liaison avec le BIDDH et avec les ONG sur des questions relatives à la dimension humaine.
12. Le BIDDH jouera un rôle accru dans l’observation des élections avant, pendant et après le scru- tin. Dans ce contexte, le BIDDH évaluera les conditions nécessaires à la liberté et à l’indépen- dance des médias.
Les États participants demandent que la coordination entre les divers organismes d’observation des élections soit améliorée et chargent le BIDDH de mettre en place, en consultation avec toutes les organisations intéressées, un cadre dans ce domaine.
En vue de renforcer la préparation et les procédures d’observation des élections, le BIDDH éta- blira un manuel pour les observateurs des élections et établira un calendrier à horizon mobile pour les élections à venir.
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13. Les dispositions mentionnées au chapitre du présent document sur la dimension humaine ne modifient en rien les mandats du BIDDH et du HCMN.
Séminaires du BIDDH
14. Le nombre de séminaires importants sur la dimension humaine sera ramené, en règle générale, à deux par an. Ces séminaires seront consacrés à des sujets présentant l’intérêt le plus large. L’ac- cent sera davantage mis sur les séminaires régionaux. Le cas échéant, ces séminaires feront par- tie du Programme d’appui coordonné. Il conviendrait d’obtenir la pleine participation des États de la région dans laquelle ils se tiennent. Le BIDDH est prié de présenter au Conseil permanent un rapport concernant les moyens d’améliorer l’efficacité des séminaires sur la dimension humaine. Bien que ces séminaires ne donnent pas lieu à la négociation d’un document, une attention parti- culière devrait être portée à l’amélioration du suivi.
15. Un grand nombre de sujets possibles pour les séminaires à la fois régionaux et à grande échelle ont été suggérés pendant la Conférence d’examen. Le Secrétariat exécutif a conservé une liste qui sera communiquée au Conseil permanent. Conformément aux dispositions pertinentes du Docu- ment de Helsinki 1992, le Conseil permanent établira, sur les conseils du BIDDH et du HCMN, un programme de travail annuel indiquant les sujet, date et lieu de réunion de ces séminaires.
16. Les États participants ont remercié la Roumanie qui a offert d’accueillir un Séminaire interna- tional sur la tolérance, à Bucarest, sous les auspices du BIDDH et du Conseil de l’Europe, en coo- pération avec l’UNESCO, dans le contexte de l’Année internationale de la tolérance (1995).
Rôle des ONG
17. Les États participants et les institutions de la CSCE continueront d’offrir aux ONG la possi- bilité de participer davantage aux activités de cette dernière, comme le mentionne le chapitre IV du Document de Helsinki 1992. Ils étudieront les moyens qui permettraient à la CSCE de mieux mettre à profit le travail et les informations des ONG. Le Secrétaire général est invité à présenter une étude sur le renforcement de la participation des ONG.
Engagements et coopération
État de droit
18. Les États participants soulignent que toute action des autorités publiques doit être conforme à la loi, de sorte que soit garantie la sécurité légale du citoyen.
Ils soulignent aussi la nécessité de protéger les défenseurs des droits de l’homme et attendent que soit mené à bien et adopté, dans le cadre des Nations Unies, le projet de déclaration sur le droit et la res- ponsabilité des individus, des groupes et des organes de la société en ce qui concerne la promotion et la protection des droits de l’homme et des libertés fondamentales universellement reconnus.
Peine de mort
19. Les États participants réaffirment leurs engagements figurant dans les Documents de Copen- hague et Moscou en ce qui concerne la question de la peine capitale.
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Prévention de la torture
20. Les États participants condamnent vigoureusement la torture sous toutes ses formes qu’ils considèrent comme l’une des plus flagrantes violations des droits de l’homme et de la dignité humaine. Ils s’engagent à ne rien négliger pour éliminer la torture. Ils reconnaissent l’importance, à cet égard, des normes internationales, telles qu’elles sont énoncées dans les traités internatio- naux sur les droits de l’homme, en particulier la Convention des Nations Unies contre la torture et autres peines ou traitements cruels, inhumains ou dégradants et la Convention européenne pour la prévention de la torture et des peines ou traitements inhumains ou dégradants. Ils recon- naissent également l’importance d’une législation nationale visant à mettre fin aux actes de torture. Ils s’engagent à enquêter sur tous les cas de torture signalés et à en poursuivre les auteurs. Ils s’en- gagent également à inclure dans leurs programmes d’éducation et de formation pour les membres des services chargés de l’application des lois et des services de police des dispositions spécifiques en vue de mettre fin aux actes de torture. Ils considèrent qu’un échange d’informations sur ce problème est une condition préalable essentielle. Les États participants devraient avoir la possibi- lité d’obtenir de telles informations. La CSCE devrait dans ce contexte également mettre à profit l’expérience du Rapporteur spécial chargé d’examiner la question de la torture dont le poste a été créé par la Commission des droits de l’homme des Nations Unies et faire usage des informations fournies par les ONG.
Minorités nationales
21. Les États participants confirment leur détermination de faire avancer résolument la mise en œuvre des dispositions de l’Acte final et de tous autres documents de la CSCE relatifs à la pro- tection des droits des personnes appartenant à des minorités nationales. Ils rendent hommage aux travaux du HCMN dans ce domaine.
22. Les États participants se félicitent des efforts qui sont faits sur le plan international pour mieux protéger les droits des personnes appartenant à des minorités nationales. Ils prennent note de l’adop- tion, au Conseil de l’Europe, d’une Convention-cadre sur la protection des minorités nationales basée sur les normes de la CSCE en la matière. Ils notent que la Convention est également ouverte – sur invitation – à la signature des États qui ne sont pas membres du Conseil de l’Europe ; ils exa- mineront la possibilité de devenir parties à cette Convention.
Roms et Sentis
23. Les États participants décident de désigner, à l’intérieur du BIDDH, un point de contact pour les questions concernant les Roms et les Sinti (Tziganes). Le BIDDH devra : • Servir de centre d’échange des informations sur les questions concernant les Roms et les Sinti (Tziganes), y compris les informations sur la mise en œuvre des engagements concernant les Roms et les Sinti (Tziganes) ; • Faciliter les contacts sur les questions concernant les Roms et les Sinti (Tziganes) entre États participants, organisations et institutions internationales et ONG ; • Maintenir et élargir les contacts sur ces questions entre les institutions de la CSCE et d’autres organisations et institutions internationales.
Pour remplir ces tâches, le BIDDH utilisera pleinement les ressources existantes. Dans ce contexte, les États membres se félicitent que certaines organisations de Roms et de Sinti (Tziganes) aient annoncé leur intention d’apporter des contributions volontaires.
142 Budapest 1994
24. Les États participants se félicitent des activités relatives aux Roms et aux Sinti (Tziganes) menées dans le cadre d’autres organisations et institutions internationales, en particulier au Conseil de l’Europe.
Tolérance et non-discrimination
25. Les États participants condamnent les manifestations d’intolérance, en particulier de natio- nalisme agressif, de racisme, de chauvinisme, de xénophobie et d’antisémitisme, et ils continue- ront à promouvoir les mesures efficaces en vue d’éradiquer ces fléaux de la société. Ils demandent au BIDDH de continuer à porter une attention particulière à ces phénomènes en rassemblant des informations sur leurs diverses manifestations dans les États participants. Ils chercheront à ren- forcer ou à adopter une législation appropriée et à prendre les mesures nécessaires pour veiller à ce que la législation en vigueur soit effectivement appliquée pour décourager de tels actes. Ils sou- lignent également qu’une action contre ces phénomènes doit être considérée comme une compo- sante de la politique d’intégration et de l’éducation. Ils condamnent tous les crimes commis dans l’esprit de ladite « purification ethnique » et continueront à donner leur plein appui au Tribunal inter- national chargé de poursuivre les personnes présumées responsables de violations graves du droit international humanitaire commises sur le territoire de l’ex-Yougoslavie depuis 1991 (La Haye).
26. Ils approuvent le plan d’action du Conseil de l’Europe contre le racisme, la xénophobie, l’anti- sémitisme et l’intolérance. En donnant suite à la Déclaration du Conseil de Rome, les institutions de la CSCE examineront les possibilités de collaboration avec le Conseil de l’Europe ainsi qu’avec l’ONU et d’autres organisations internationales.
27. Confirmant qu’ils se sont engagés à assurer la liberté de conscience et de religion et à favoriser un climat de tolérance et de respect mutuels entre croyants de différentes confessions aussi bien qu’entre croyants et non-croyants, ils expriment leur inquiétude au sujet de l’exploitation de la reli- gion à des fins nationalistes agressives.
Travailleurs migrants
28. Les États participants réaffirment que les droits de l’homme sont universels et indivisibles. Ils reconnaissent que la protection et la promotion des droits des travailleurs migrants ont égale- ment une dimension humaine. Ils soulignent le droit des travailleurs migrants d’exprimer libre- ment leurs particularismes ethniques, culturels, religieux et linguistiques. L’exercice de ces droits peut faire l’objet de restrictions quand celles-ci sont prescrites par la loi et compatibles avec les normes internationales.
29. Ils ont décidé que des mesures appropriées devraient être prises pour mieux prévenir les attaques racistes et autres manifestations violentes d’intolérance contre les travailleurs migrants et leurs familles.
30. Ils confirment à nouveau qu’ils condamnent tous les actes de discrimination fondés sur la race, la couleur ou l’origine ethnique, l’intolérance et la xénophobie contre les travailleurs migrants. Ils continueront, conformément à la loi nationale et aux obligations internationales, à prendre des mesures efficaces à cet effet.
31. Ils continueront à promouvoir l’intégration des travailleurs migrants dans les sociétés où ces travailleurs résident légalement. Ils reconnaissent que pour être réussie l’intégration doit aussi être souhaitée ardemment par les travailleurs migrants eux-mêmes et ils ont décidé en conséquence de les encourager à cet égard.
143 Budapest 1994
Migration
32. Les États participants s’inquiètent des mouvements migratoires massifs dans la région de la CSCE, qui font des millions de réfugiés et de personnes déplacées, en raison principalement des guerres et des conflits armés, des guerres civiles et des violations graves des droits de l’homme. Considé- rant les Décisions de la Réunion de Rome du Conseil (1993), ils décident d’élargir leur coopération avec les organismes internationaux appropriés dans ce domaine de la migration.
Ils prennent acte des efforts entrepris par le HCR pour organiser une conférence régionale qui traiterait des problèmes des réfugiés, des personnes déplacées ou contraintes à d’autres formes de déplacement non volontaire ainsi que des personnes rapatriées dans les pays de la CEI et dans d’autres États voisins concernés.
Droit humanitaire international
33. Les États participants déplorent profondément les séries de violations flagrantes du droit inter- national humanitaire qui se sont produites dans la région de la CSCE ces dernières années et réaf- firment leur engagement à respecter et à faire respecter le droit international humanitaire général et en particulier les instruments internationaux pertinents, y compris les Conventions de Genève de 1949 et leurs Protocoles additionnels, auxquels ils sont parties.
34. Ils soulignent l’importance que pourrait avoir une déclaration sur les normes humanitaires minimales applicables dans toutes les situations et se déclarent prêts à participer activement à l’éla- boration d’un tel texte dans le cadre des Nations Unies. Ils s’engagent à assurer à leurs person- nels militaires une information et une formation adéquates en ce qui concerne les dispositions du droit international humanitaire et considèrent que les informations pertinentes devraient être rendues disponibles.
35. Ils se félicitent vivement du développement de la coopération entre la CSCE et le Comité interna- tional de la Croix-Rouge (CICR), en particulier dans le cas des missions de la CSCE ; ils constatent avec satisfaction que le CICR est disposé à approfondir encore cette coopération et s’engagent eux- mêmes à augmenter leur soutien au CICR, notamment en renforçant les contacts déjà établis entre les missions de la CSCE et les délégations du CICR sur le terrain.
Liberté d’expression/liberté de médias
36. Les États participants réaffirment que la liberté d’expression est un droit de l’homme fonda- mental et un élément essentiel de toute société démocratique. Ils estiment, à cet égard, que des médias indépendants et pluralistes sont indispensables à une société libre et ouverte et à des sys- tèmes de gouvernements responsables. Ils adoptent pour principe directeur l’engagement de sau- vegarder ce droit.
37. Ils condamnent les attaques et harcèlements quels qu’ils soient contre des journalistes dans l’exercice de leur profession et ils s’efforceront d’obliger les responsables directs de ces attaques et harcèlements à rendre compte de leurs actes.
38. Ils notent par ailleurs que l’utilisation des médias, notamment par les gouvernements pour inciter à la haine et aviver les tensions ethniques, peut apparaître comme un signe avant-coureur de conflit.
144 Budapest 1994
Liberté de déplacement/contacts entre les personnes/patrimoine culturel
39. Les États participants continueront d’encourager et de faciliter les contacts humains ainsi que les échanges culturels et éducatifs, et ils coopéreront conformément aux dispositions en vigueur à la CSCE. Ils continueront de tenir leurs engagements dans le domaine culturel, tels qu’ils figurent dans le Document du Colloque de Cracovie sur le patrimoine culturel des États participant à la CSCE et autres documents pertinents de la CSCE. Ils encourageront les efforts des milieux publics et pri- vés visant à préserver le patrimoine culturel de leurs États respectifs.
40. Ils encourageront les autorités administratives qui s’occupent de citoyens d’autres États à appli- quer intégralement les engagements de la CSCE concernant les voyages et s’abstiendront d’infli- ger des traitements dégradants et autres outrages contre la dignité de la personne. Ils examineront aussi la nécessité d’élaborer un document réunissant les dispositions de la CSCE en la matière.
41. Le Conseil permanent envisagera la possibilité de tenir des réunions informelles sur les ques- tions mentionnées aux deux paragraphes précédents.
Programme d’appui cordonne
42. Les États participants, considérant les progrès réalisés au cours des deux dernières années dans l’application du Programme d’appui coordonné, confié au BIDDH, ont décidé de poursuivre ce pro- gramme. Le BIDDH et le Secrétaire général continueront d’organiser des réunions et des séminaires sur les questions relatives à la CSCE pour permettre aux États intéressés de tenir plus facilement leurs engagements au titre de la CSCE. Les États participants continueront de faire bénéficier des représentants de ces États de stages et de programmes d’étude et de formation financés par les pou- voirs publics, de manière à relever le niveau d’expérience, de savoir et de connaissances spécialisées.
43. Ils ont décidé de renforcer encore la capacité du BIDDH à donner des avis autorisés sur les questions relevant de la dimension humaine au titre du Programme d’appui coordonné. En vue de répondre aux demandes de conseils émanant des États nouvellement indépendants concernés par tous les aspects de la démocratisation, ils ont décidé que le recours à des experts itinérants dans le cadre du Programme d’appui coordonné contribuerait à renforcer utilement le rôle du BIDDH.
145 Document de Lisbonne (Sommet des chefs d’État ou de gouvernement)
Lisbonne 1996
Déclaration du Sommet de Lisbonne (…)
3. Nous réaffirmons les principes de l’OSCE énoncés dans l’Acte final de Helsinki et d’autres enga- gements de l’OSCE. Nous estimons que l’observation de tous ces principes et l’exécution de tous les engagements doivent être améliorées et constamment réexaminées. Nous sommes conscients que des risques et défis sérieux, comme ceux qui touchent notre sécurité et notre souveraineté, conti- nuent à être cause de préoccupations importantes. Nous sommes résolus à y faire face.
4. Le respect des droits de l’homme demeure l’une des bases de notre concept de démocratie et du processus de démocratisation inscrits dans la Charte de Paris. Nous sommes résolus à consolider les acquis démocratiques résultant des changements intervenus depuis 1989 et à gérer pacifique- ment leur développement futur dans la région de l’OSCE. Nous coopérerons au renforcement des institutions démocratiques.
9. L’approche globale de la sécurité adoptée par l’OSCE impose des progrès en matière d’exécu- tion de tous les engagements intéressant la dimension humaine, eu égard en particulier aux droits de l’homme et aux libertés fondamentales. Les valeurs communes d’une société libre et démocra- tique en viendront ainsi à s’ancrer encore plus profondément dans tous les États participants, ce qui est un fondement essentiel de notre sécurité commune. Parmi les problèmes aigus relevant de la dimension humaine, les violations continues des droits de l’homme, comme par exemple les migrations involontaires, et l’absence de démocratisation totale, les menaces pour l’indépendance des médias, la fraude électorale, et les manifestations de nationalisme agressif, de racisme, de chau- vinisme, de xénophobie et d’antisémitisme continuent à mettre en péril la stabilité dans la région de l’OSCE. Nous sommes résolus à continuer de nous attaquer à ces problèmes.
10. Eu égard aux récentes tragédies de réfugiés dans la région de l’OSCE et tenant compte de la ques- tion des migrations forcées, nous condamnons à nouveau toute politique de « purification ethnique » ou d’expulsion massive et nous engageons à ne pas recourir à ces pratiques. Nos États faciliteront le retour, dans des conditions de sécurité et de dignité, des réfugiés et des personnes déplacées à l’intérieur d’un pays, conformément aux normes internationales. La réintégration de ces per- sonnes dans leurs lieux d’origine doit être poursuivie sans discrimination. Nous rendons hommage au travail du Conseiller pour les migrations du Bureau des institutions démocratiques et des droits de l’homme (BIDDH) et appuyons la poursuite de ses activités liées au suivi du programme d’ac- tion convenu en mai 1996 à la Conférence régionale sur les problèmes des réfugiés, des personnes déplacées, d’autres formes de déplacement involontaire et des rapatriés dans les États concernés.
11. La liberté de la presse et des médias est l’une des conditions fondamentales de toute société civile réellement démocratique. Dans l’Acte final de Helsinki, nous nous sommes engagés à res- pecter ce principe. Il faut renforcer l’exécution des engagements de l’OSCE dans le domaine des
146 Lisbonne 1996
médias, en tenant compte, en tant que de besoin, du travail d’autres organisations internationales. Nous demandons donc au Conseil permanent d’examiner les moyens de prêter une attention accrue à la mise en œuvre des engagements de l’OSCE dans le domaine des médias, et d’élaborer un man- dat en vue de la nomination d’un représentant de l’OSCE chargé de la liberté des médias, mandat qui devrait être présenté au plus tard au Conseil ministériel de 1997. (…)
Déclaration de Lisbonne sur un modèle de sécurité commun et global pour l’Europe du XXIe siècle
1. Nous, chefs d’État ou de gouvernement des États participants de l’OSCE réunis à Lisbonne, esti- mons que l’histoire nous a offert une occasion sans précédent. La liberté, la démocratie et la coo- pération entre nos nations et nos peuples constituent désormais le fondement de notre sécurité commune. Nous sommes déterminés à tirer les leçons des tragédies du passé et à traduire dans la réalité notre vision d’un avenir fondé sur la coopération en créant un espace de sécurité com- mun, libre de lignes de division dans lequel tous les États sont des partenaires égaux.
2. Nous faisons face à des défis graves mais nous y faisons face ensemble. Ils pèsent sur la sécurité et la souveraineté des États, ainsi que sur la stabilité de nos sociétés. Les droits de l’homme ne sont pas pleinement respectés dans tous les États de l’OSCE.
Les tensions ethniques, le nationalisme agressif, les violations des droits des personnes appartenant à une minorité nationale, ainsi que les graves problèmes de transition économique peuvent menacer la stabilité et risquent également de s’étendre à d’autres États. Le terrorisme, la criminalité organi- sée, le trafic de drogues et d’armes, les migrations incontrôlées et les dommages causés à l’environ- nement sont de plus en plus sources de préoccupation pour la communauté de l’OSCE tout entière.
3. Tirant notre force de notre diversité, nous relèverons ces défis ensemble grâce à l’OSCE et en association avec d’autres organisations internationales. Notre approche est celle d’une sécurité coopérative fondée sur la démocratie, le respect des droits de l’homme, les libertés fondamen- tales et la primauté du droit, l’économie de marché et la justice sociale. Elle exclut toute volonté de domination et implique la confiance mutuelle ainsi que le règlement pacifique des différends. (…)
5. Nous reconnaissons que, dans le cadre de l’OSCE, les États sont redevables envers leurs citoyens et responsables les uns envers les autres de l’application de leurs engagements.
6. Nous nous engageons en commun : • à agir solidairement pour promouvoir l’application intégrale des principes et engagements de l’OSCE consacrés par l’Acte final de Helsinki, la Charte de Paris et d’autres documents de la CSCE/OSCE ; (…)
10. (…) notre tâche est désormais de renforcer notre coopération pour l’avenir. A cette fin : • Nous encourageons des initiatives bilatérales ou régionales visant à développer des rela- tions de bon voisinage et de coopération. Dans ce contexte, l’OSCE pourrait étudier un menu de mesures de confiance et de sécurité pour appuyer les processus régionaux de sécurité. Nous
147 Lisbonne 1996
devons continuer à suivre la mise en œuvre du Pacte de stabilité en Europe. Des tables rondes régionales peuvent constituer un moyen utile de diplomatie préventive. • En tant que contribution importante à la sécurité, nous réaffirmons notre détermination de res- pecter et d’exécuter pleinement tous les engagements que nous avons pris en ce qui concerne les droits de personnes appartenant à une minorité nationale. Nous réaffirmons notre volonté de coopérer pleinement avec le Haut Commissaire pour les minorités nationales. Nous sommes prêts à répondre à la demande de tout État participant cherchant des solutions aux questions de minorités sur son territoire. (…)
148 Document de la Sixième Réunion du Conseil ministériel Copenhague 1997
II. Décisions de la Réunion du Conseil ministériel de Copenhague (…)
Décision sur la nomination du Représentant de l’OSCE pour la liberté des médias Le Conseil ministériel,
Vu la Décision No 193 du Conseil permanent et tenant compte de la recommandation du Pré- sident en exercice,
– Décide de nommer M. Freimut Duve Représentant de l’OSCE pour la liberté des médias pour une période de trois ans à compter du 1er janvier 1998.
Annexe
Décision no 193 du Conseil permanent du 5 novembre 1997
Mandat du Représentant de l’OSCE pour la liberté des médias
1. Les États participants réaffirment les principes et engagements auxquels ils ont adhéré en matière de liberté des médias. Ils rappellent en particulier que la liberté d’expression est un droit de l’homme et fondamental, reconnu sur le plan international et un élément capital de toute société démocra- tique ; et que la liberté, l’indépendance et le pluralisme des médias sont essentiels pour une société libre et ouverte et les systèmes de gouvernement responsables. Ayant à l’esprit les principes et enga- gements auxquels ils ont souscrit dans le cadre de l’OSCE et pleinement résolus à mettre en œuvre le paragraphe 11 de la Déclaration du Sommet de Lisbonne, les États participants décident de créer, sous l’égide du Conseil permanent, un poste de Représentant de l’OSCE pour la liberté des médias. L’objectif est de consolider la mise en œuvre des principes et engagements de l’OSCE et d’accroître l’efficacité de l’action concertée des États participants, en se fondant sur leurs valeurs communes. Les États participants confirment qu’ils coopéreront sans réserve avec le Représentant de l’OSCE pour la liberté des médias. Il aidera les États participants, dans un esprit de coopération, à pour- suivre leur engagement en faveur de la liberté, de l’indépendance et du pluralisme des médias.
2. Se fondant sur les principes et les engagements de l’OSCE, le Représentant de l’OSCE pour la liberté des médias suivra l’évolution des médias dans tous les États participants et, agissant sur cette base et en étroite coordination avec le Président en exercice, prônera et encouragera le plein respect des principes et engagements de l’OSCE concernant la liberté d’expression et des médias. A ce titre,
149 Copenhague 1997
il assumera une fonction en matière d’alerte rapide. Il examinera les problèmes graves, causés notamment par les entraves aux activités des médias et les conditions de travail défavorables des journalistes. Il coopérera étroitement avec les États participants, le Conseil permanent, le Bureau des institutions démocratiques et des droits de l’homme (BIDDH), le Haut Commissaire pour les minorités nationales et, le cas échéant, avec d’autres organes de l’OSCE, ainsi qu’avec des associa- tions de presse nationales et internationales.
3. Le Représentant de l’OSCE pour la liberté des médias s’attachera, comme l’indique ce para- graphe, à intervenir avec rapidité en cas de sérieux manquement par les États participants aux prin- cipes et engagements de l’OSCE concernant la liberté d’expression et la liberté de la presse. En cas de plainte relative à un sérieux manquement aux dits principes et engagements, le Représentant de l’OSCE pour la liberté des médias recherchera, de manière appropriée, des contacts directs avec l’État participant et les autres parties concernées, évaluera les faits, aidera l’État participant et contri- buera à la solution au problème. Il tiendra le Président en exercice informé de ses activités et ren- dra compte au Conseil permanent de leurs résultats et de ses observations et recommandations.
4. Le Représentant de l’OSCE pour la liberté des médias n’exerce pas de fonction juridictionnelle et son intervention ne peut en aucune manière préjuger des procédures légales, nationales ou inter- nationales concernant les violations présumées des droits de l’homme. De même, les procédures nationales ou internationales concernant les violations présumées des droits de l’homme n’empê- cheront pas nécessairement le Représentant d’exécuter ses tâches telles qu’exposées dans le pré- sent mandat.
5. Le Représentant de l’OSCE pour la liberté des médias peut recueillir et recevoir de toute source digne de foi des informations sur la situation des médias. Il s’appuiera en particulier sur les infor- mations et analyses du BIDDH. Le Représentant de l’OSCE pour la liberté des médias aidera le BIDDH à évaluer les conditions nécessaires au bon fonctionnement de médias libres, indépen- dants et pluralistes avant, pendant et après les élections.
6. Le Représentant de l’OSCE pour la liberté des médias peut à tout moment recueillir et recevoir des États participants et d’autres parties intéressées (par exemple d’organisations ou d’institutions, de médias ou de leurs représentants, et d’ONG concernées) des demandes, des propositions et des commentaires visant à renforcer et à développer encore le respect des principes et engagements de l’OSCE, y compris les cas présumés sérieux d’intolérance de la part d’États participants qui uti- lisent les médias en violation des principes énoncés dans le Document de Budapest, chapitre VIII, paragraphe 25, et dans les Décisions de la Réunion du Conseil de Rome, chapitre X. Il peut trans- mettre les demandes, propositions et commentaires au Conseil permanent en lui recommandant d’autres mesures à prendre, le cas échéant.
7. Le Représentant de l’OSCE pour la liberté des médias consultera en outre régulièrement le Pré- sident en exercice et rendra périodiquement compte au Conseil permanent. Il peut être invité à présenter au Conseil permanent des rapports, dans le cadre de ce mandat, sur des questions spécifiques relatives à la liberté d’expression, et à la liberté, à l’indépendance et au pluralisme des médias. Il fera rapport chaque année à la Réunion sur la mise en œuvre des engagements concer- nant la dimension humaine ou à la Réunion d’examen de la mise en œuvre de tous les principes et engagements de l’OSCE concernant la liberté d’expression et la liberté des médias dans les États participants de l’OSCE.
8. Le Représentant de l’OSCE pour la liberté des médias ne communiquera avec aucune personne ou organisation pratiquant ou avalisant publiquement des actes de terrorisme ou de violence ni prendra note des communications d’une telle personne ou organisation.
150 Copenhague 1997
9. Le Représentant de l’OSCE pour la liberté des médias sera une éminente personnalité interna- tionale ayant une longue expérience et censée agir en toute impartialité.
Dans l’exercice de ses fonctions, le Représentant de l’OSCE pour la liberté des médias sera guidé par son analyse indépendante et objective des différents paragraphes du présent mandat.
10. Le Représentant de l’OSCE pour la liberté des médias examinera les affaires sérieuses relevant du présent mandat et se produisant dans l’État participant dont il est ressortissant ou dans lequel il réside, si toutes les parties directement en cause, notamment l’État participant concerné, l’ac- ceptent. Faute d’un tel accord, la question sera renvoyée au Président en exercice qui pourra char- ger un représentant spécial d’examiner ce cas.
11. Le Représentant de l’OSCE pour la liberté des médias coopérera, par des contacts réguliers, avec les organisations internationales compétentes, notamment avec l’Organisation des Nations Unies et ses institutions spécialisées, ainsi qu’avec le Conseil de l’Europe, pour renforcer la coor- dination et éviter des activités redondantes.
12. Le Représentant de l’OSCE pour la liberté des médias sera nommé, conformément aux procé- dures de l’OSCE, par le Conseil ministériel sur recommandation du Président en exercice, après consultation des États participants. Il sera nommé pour trois ans et pourra être reconduit dans ses fonctions, selon la même procédure, pour un autre mandat de trois ans.
13. Le poste de Représentant de l’OSCE pour la liberté des médias sera créé et pourvu conformément au présent mandat et au Statut du personnel de l’OSCE. Le financement du poste de Représentant de l’OSCE pour la liberté des médias et celui de son bureau seront assurés par les États participants dans le cadre du budget de l’OSCE conformément au Règlement financier de l’OSCE. Les moda- lités seront élaborées par le Comité financier informel et approuvées par le Conseil permanent.
14. Le bureau du Représentant de l’OSCE pour la liberté des médias sera situé à Vienne.
151 Document de la Septième Réunion du Conseil ministériel Oslo 1998
III. Décisions de la Réunion du Conseil ministériel d’Oslo (…)
Décision sur le renforcement des capacités de l’OSCE pour les questions concernant les Roms et les Sintis,
Ayant à l’esprit les engagements actuels de l’OSCE en ce qui concerne les Roms et les Sintis, et Rap- pelant la décision prise au Sommet de Budapest de désigner, au sein du BIDDH, un point de contact pour les questions concernant les Roms et les Sintis (Tziganes),
1. Décide d’accroître la capacité de l’OSCE en la matière en renforçant le point de contact actuel du BIDDH pour les questions concernant les Roms et les Sintis, qui aura notamment les priori- tés suivantes : • renforcer l’interaction de l’OSCE avec les gouvernements des États participants, avec les repré- sentants des communautés de Roms et de Sintis, de même qu’avec les organisations internatio- nales, les initiatives et les organisations non gouvernementales (ONG) en ce qui concerne les questions des Roms et des Sintis, et en particulier, obtenir un nouveau renforcement mutuel de la coopération avec le Coordonnateur pour les Roms au Conseil de l’Europe en vue d’éviter toute répétition d’efforts, en prévoyant notamment des consultations régulières avec ces orga- nisations, initiatives et ONG afin d’exploiter les effets de synergie et d’élaborer des approches communes propres à faciliter la pleine intégration des communautés de Roms et de Sintis dans les sociétés au sein desquelles elles vivent, tout en préservant leur identité ; • renforcer la coopération entre les institutions de l’OSCE et les missions ou présences sur le ter- rain en ce qui concerne les Roms et les Sintis, le cas échéant ; • élaborer, en se basant sur l’apport des États participants, des institutions de l’OSCE, et en par- ticulier du Haut Commissaire pour les minorités nationales, des communautés de Roms et de Sintis, des ONG, des organisations internationales et d’autres institutions ou initiatives, un pro- gramme de travail qui devrait inclure, entre autres, des séminaires, des ateliers ou des centres d’échange d’information ; • recueillir auprès des États participants des informations sur les mesures législatives et autres concernant la situation des Roms et des Sintis afin de les mettre à la disposition de la commu- nauté de l’OSCE, de même que d’autres organisations internationales intéressées, et d’élaborer des rapports supplémentaires sur la situation des Roms et des Sintis dans la région de l’OSCE. 2. Décide en outre que le point de contact ne devrait s’occuper que des questions concernant les Roms et les Sintis. 3. Charge le Conseil permanent de définir les moyens appropriés de dégager les ressources néces- saires pour appliquer la présente décision.
152 Document d’Istanbul (Sommet des chefs d’État ou de gouvernement)
Istanbul 1999
Déclaration du Sommet d’Istanbul (…)
2. (…) Nous réitérons sans réserve notre engagement de respecter les droits de l’homme et les liber- tés fondamentales et de nous abstenir de toute forme de discrimination. Nous réitérons aussi notre respect du droit international humanitaire. Nous nous engageons à intensifier nos efforts pour pré- venir les conflits dans l’espace de l’OSCE et pour les résoudre par des moyens pacifiques lorsqu’ils surviennent. Nous travaillerons en association étroite avec les autres organisations et institutions internationales en nous fondant sur la Plate-forme pour la sécurité coopérative que nous avons adoptée comme partie intégrante de notre Charte. (…)
6. (…) Nous soulignons qu’il importe de respecter l’état de droit et de déployer des efforts vigoureux pour lutter contre la criminalité organisée et la corruption, qui constituent une grande menace pour la réforme économique et la prospérité. Nous maintenons notre engagement en faveur du retour des réfugiés et des personnes déplacées à l’intérieur du pays, en particulier du retour des minorités.
7. (...) Nous attendons des progrès plus rapides en ce qui concerne le rapatriement des réfugiés et des personnes déplacées et la mise en œuvre des normes internationales applicables, surtout des normes relatives à l’égalité de traitement sans considération ethnique, à la liberté des médias et aux élections libres et équitables. (…)
26. Un grand nombre d’élections devant se tenir prochainement, nous sommes attachés à ce qu’elles soient libres, équitables et conformes aux principes et engagements de l’OSCE. C’est la seule manière de jeter les fondements stables d’un développement démocratique. Nous rendons hom- mage au BIDDH pour le rôle qu’il a joué en aidant les pays à élaborer une législation électorale conforme aux principes et engagements de l’OSCE et nous convenons de donner suite sans tarder aux conclusions et recommandations issues de l’évaluation des élections par le BIDDH. Nous appré- cions le travail du BIDDH et de l’Assemblée parlementaire de l’OSCE – avant, pendant et après les élections – qui contribue également au processus démocratique. Nous sommes résolus à garantir intégralement aux personnes appartenant à des minorités le droit de vote et à faciliter aux réfu- giés l’exercice du droit de participer aux élections se tenant dans leur pays d’origine. Nous nous engageons à assurer une compétition loyale entre candidats et entre partis, notamment en ce qui concerne leur accès aux médias et le respect du droit de réunion.
27. Nous nous engageons à garantir la liberté des médias qui est une condition de base pour toute société pluraliste et démocratique. Nous sommes profondément préoccupés par la manière dont les médias sont exploités dans les zones de conflit pour attiser la haine et la tension ethnique, et par le recours à des restrictions et tracasseries juridiques pour priver les citoyens de médias libres. Nous
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soulignons la nécessité de garantir la liberté d’expression qui est, dans toute démocratie, une com- posante essentielle du discours politique. Nous appuyons le bureau du Représentant pour la liberté des médias dans ses efforts pour promouvoir la liberté et l’indépendance des médias.
28. En cette année du dixième anniversaire de l’adoption de la Convention relative aux droits de l’enfant et pour donner effet aux engagements que l’OSCE a pris à Copenhague, nous nous enga- geons à promouvoir activement les droits et intérêts des enfants, spécialement pendant et après les conflits. Nous aborderons régulièrement la question des droits de l’enfant dans le travail de l’OSCE (...) Nous porterons une attention particulière au bien-être physique et psychologique des enfants participant aux conflits armés ou touchés par ces conflits. (…)
30. Nous réaffirmons notre engagement à veiller à ce que les lois et les politiques respectent pleine- ment les droits des personnes appartenant à des minorités nationales en ce qui concerne en par- ticulier les questions touchant à l’identité culturelle. Nous insistons tout particulièrement sur l’obligation de faire en sorte que les lois et les politiques concernant les droits des personnes appar- tenant à des minorités nationales en matière d’éducation, leurs droits linguistiques et leur droit de participation à la vie publique soient conformes aux normes et aux conventions internationales applicables. Nous appuyons aussi l’adoption et la mise en œuvre intégrale d’une législation anti- discrimination détaillée pour promouvoir l’égalité des chances pour tous. Nous félicitons le Haut Commissaire pour les minorités nationales pour son travail essentiel. Nous réaffirmons que nous intensifierons nos efforts pour appliquer les recommandations du Haut Commissaire pour les minorités nationales.
31. Nous déplorons les actes de violence et autres manifestations de racisme et de discrimination à l’encontre des minorités, y compris des Roms et des Sintis. Nous sommes résolus à faire en sorte que les lois et politiques respectent pleinement les droits des Roms et des Sintis et, si besoin est, à promouvoir une législation antidiscrimination à cet effet. Nous soulignons qu’il faut porter l’at- tention voulue aux problèmes de l’exclusion sociale des Roms et des Sintis. Ces questions relèvent en premier lieu de la responsabilité des États participants concernés. Nous insistons sur le rôle important que le Point de contact du BIDDH pour les questions concernant les Roms et les Sintis peut jouer en prêtant son concours. L’élaboration par le Point de contact d’un plan d’action ciblé, établi en coopération avec le Haut Commissaire pour les minorités nationales et d’autres organi- sations travaillant dans ce domaine, notamment le Conseil de l’Europe, pourrait être une autre mesure utile.
32. Conformément à notre engagement d’assurer la pleine égalité entre les femmes et les hommes, nous attendons avec intérêt l’approbation et la mise en œuvre prochaine d’un plan d’action de l’OSCE concernant l’égalité entre les sexes. (…)
37. Dans la Charte nous avons réaffirmé notre attachement à l’état de droit et souligné la néces- sité de combattre la corruption. Nous chargeons le Conseil permanent d’examiner les meilleurs moyens de contribuer aux efforts de lutte anti-corruption, en tenant compte des actions menées par des organisations comme l’Organisation de coopération et de développement économiques, le Conseil de l’Europe et l’Organisation des Nations Unies. Les résultats de ce travail seront por- tés à la connaissance du Conseil ministériel à sa réunion de l’an 2000. (…)
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Charte de sécurité européenne (…)
I. Nos défis communs
2. La dernière décennie du XXe siècle a été marquée par des réalisations considérables dans l’espace de l’OSCE, la coopération a remplacé les affrontements antérieurs mais le risque de conflits entre États n’a pas été éliminé. Nous avons dépassé les divisions anciennes de l’Europe, mais de nou- veaux risques et défis sont apparus. Depuis la signature de la Charte de Paris, il est devenu de plus en plus évident que les menaces pour notre sécurité peuvent résulter de conflits éclatant tant au sein d’un État qu’entre États. Nous avons connu des conflits qui étaient souvent issus de violations flagrantes des normes et principes de l’OSCE. Nous avons été témoins d’atrocités que nous croyions appartenir à une époque révolue. Au cours de cette décennie, il est apparu clairement que tous ces conflits peuvent constituer une menace pour la sécurité de tous les États participants de l’OSCE.
3. Nous sommes résolus à tirer les leçons des dangers d’affrontement et de division entre États ainsi que des tragédies de la dernière décennie. La sécurité et la paix doivent être raffermies par une démarche qui combine deux éléments fondamentaux, nous devons développer la confiance entre individus à l’intérieur des États et renforcer la coopération entre États. Nous consoliderons donc les instruments existants et en élaborerons de nouveaux pour prêter assistance et conseil. Nous redoublerons d’efforts pour garantir le plein respect des droits de l’homme et des libertés fonda- mentales, notamment des droits des personnes appartenant à une minorité nationale. Parallèle- ment, nous renforcerons notre capacité d’accroître la confiance et la sécurité entre États. Nous sommes déterminés à développer les moyens à notre disposition pour régler de manière pacifique les différends entre États.
4. Le terrorisme international, l’extrémisme violent, la criminalité organisée et le trafic de drogues représentent des défis toujours plus grands pour la sécurité. Quels qu’en soient les motifs, le ter- rorisme, sous toutes ses formes et manifestations, est inacceptable. Nous intensifierons nos efforts pour prévenir la préparation et le financement de tout acte de terrorisme sur nos territoires et nous refuserons tout sanctuaire aux terroristes. L’accumulation excessive et déstabilisatrice et la dissé- mination incontrôlée des armes de petit calibre et des armes légères constituent une menace pour la paix et la sécurité. Nous nous engageons à renforcer notre protection contre ces nouveaux risques et défis ; des institutions démocratiques fortes et l’état de droit sont le fondement de cette protec- tion. Nous sommes résolus à mieux nous protéger contre ces nouveaux risques et défis ;
5. De graves problèmes économiques et la dégradation de l’environnement peuvent aussi avoir de sérieuses conséquences pour notre sécurité. La coopération dans les domaines économique, scientifique et technologique et dans celui de l’environnement sera de la plus grande impor- tance. Nous réagirons plus vigoureusement à ces menaces en poursuivant les réformes écono- miques et environnementales, en offrant un cadre stable et transparent à l’activité économique et en encourageant l’économie de marché tout en accordant l’attention voulue aux droits écono- miques et sociaux. Nous applaudissons au processus de transformation économique sans précé- dent qui se déroule dans de nombreux États participants. Nous encourageons ces États à continuer ce processus de réforme qui contribuera à la sécurité et la prospérité dans tout l’espace de l’OSCE. Nous intensifierons nos efforts dans toutes les dimensions de l’OSCE pour combattre la corrup- tion et promouvoir l’état de droit.
6. Nous réaffirmons que la sécurité dans les zones voisines, en particulier dans la région méditer- ranéenne et dans les zones à proximité directe d’États participants, comme ceux d’Asie centrale,
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revêt une importance croissante pour l’OSCE. Nous sommes conscients que l’instabilité dans ces zones crée des problèmes qui affectent directement la sécurité et la prospérité des États de l’OSCE.
II. Nos fondements communs
7. Nous réaffirmons notre attachement plein et entier à la Charte des Nations Unies, à l’Acte final de Helsinki, à la Charte de Paris et à tous les autres documents de l’OSCE auxquels nous avons souscrit. Ces documents représentent nos engagements communs et sont le fondement de notre travail. Ils nous ont aidés à mettre un terme au vieil affrontement en Europe et à forger une nou- velle ère de démocratie, de paix et de solidarité dans l’espace de l’OSCE tout entier. Ils ont établi des normes précises en ce qui concerne le traitement que les États participants réservent les uns aux autres et à toutes les personnes sur leurs territoires. Tous les engagements pris au titre de l’OSCE, sans exception, s’appliquent de façon égale à chaque État participant. Leur mise en œuvre de bonne foi est essentielle pour les relations entre les États, entre les gouvernements et leurs peuples ainsi qu’entre les organisations dont ces États sont membres. Les États participants doivent rendre compte à leurs citoyens et sont responsables les uns envers les autres de l’exécution des engagements qu’ils ont pris au titre de l’OSCE.
Nous considérons ces engagements comme notre acquis commun et estimons donc qu’ils sont d’un intérêt immédiat et légitime pour tous les États participants. (…)
9. Nous développerons nos relations dans le respect du concept de sécurité commune et globale et dans un esprit de partenariat, de solidarité et de transparence. La sécurité de chaque État parti- cipant est indissociablement liée à celle de tous les autres. Nous traiterons les dimensions humaine, économique, politique et militaire de la sécurité comme un tout. (…)
III. Notre réponse commune (…)
Solidarité et partenariat
14. La meilleure garantie de paix et de sécurité dans notre région est la volonté et la capacité de chaque État participant de faire respecter la démocratie, l’état de droit et les droits de l’homme. Nous confirmons, chacun d’entre nous, que nous sommes prêts à honorer pleinement nos engagements. Nous avons également pour responsabilité commune de faire respecter les principes de l’OSCE. Nous sommes par conséquent résolus à coopérer au sein de l’OSCE et avec ses institutions et ses représentants, et nous sommes prêts à recourir aux instruments, outils et mécanismes de l’OSCE. Nous coopérerons, dans un esprit de solidarité et de partenariat, à un examen continu de la mise en œuvre. Aujourd’hui, nous nous engageons à prendre des mesures communes basées sur la coo- pération, à la fois au sein de l’OSCE et par l’intermédiaire des organisations dont nous sommes membres, afin d’offrir une aide aux États participants pour qu’ils respectent mieux les principes et engagements de l’OSCE. Nous renforcerons les instruments de coopération existants et en déve- lopperons de nouveaux afin de répondre efficacement aux demandes d’assistance des États parti- cipants. Nous étudierons les moyens d’accroître encore l’efficacité de l’Organisation face à des cas de violations flagrantes, graves et persistantes de ces principes et engagements. (…)
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Nos institutions
17. L’Assemblée parlementaire est devenue l’une des institutions les plus importantes de l’OSCE, présentant continuellement de nouvelles idées et propositions. Nous nous réjouissons de ce rôle croissant, particulièrement dans le domaine du développement démocratique et de l’observation des élections. Nous appelons l’Assemblée parlementaire à continuer de développer ses activités en tant que composante essentielle de nos efforts pour promouvoir la démocratie, la prospérité et une confiance accrue à l’intérieur des États participants et entre ces États.
18. Le Bureau des institutions démocratiques et des droits de l’homme (BIDDH), le Haut Com- missaire pour les minorités nationales (HCMN) et le Représentant pour la liberté des médias sont des instruments essentiels pour assurer le respect des droits de l’homme, de la démocratie et de l’état de droit. Le Secrétariat de l’OSCE apporte une aide capitale au Président en exercice et aux activités de notre Organisation, en particulier sur le terrain. Nous renforcerons encore les capaci- tés opérationnelles du Secrétariat de l’OSCE pour lui permettre de faire face à l’expansion de nos activités et pour faire en sorte que les opérations sur le terrain se déroulent de manière efficace et conformément au mandat et aux directives qui leur sont données. (…)
Dimension humaine
19. Nous réaffirmons que le respect des droits de l’homme et des libertés fondamentales, de la démo- cratie et de l’état de droit est au cœur du concept global de sécurité de l’OSCE. Nous nous enga- geons à contrer les menaces pour la sécurité que constituent les violations des droits de l’homme et des libertés fondamentales, y compris de la liberté de pensée, de conscience, de religion ou de conviction, et les manifestations d’intolérance, de nationalisme agressif, de racisme, de chau- vinisme, de xénophobie et d’antisémitisme.
La protection et la promotion des droits des personnes appartenant à des minorités nationales sont des facteurs essentiels pour la démocratie, la paix, la justice et la stabilité à l’intérieur des États par- ticipants et entre eux. A cet égard, nous réaffirmons les engagements que nous avons pris en vertu, en particulier, des dispositions pertinentes du Document de Copenhague 1990 sur la dimension humaine et rappelons le rapport de la Réunion d’experts sur les minorités nationales tenue à Genève en 1991. Le plein respect des droits de l’homme, y compris des droits des personnes appartenant à des minorités nationales, outre qu’il est une fin en soi, peut non pas ébranler, mais renforcer l’in- tégrité territoriale et la souveraineté.
Différents concepts d’autonomie ainsi que d’autres formules esquissées dans les documents sus- mentionnés, qui sont conformes aux principes de l’OSCE, constituent des moyens de préserver et de promouvoir l’identité ethnique, culturelle, linguistique et religieuse des minorités natio- nales à l’intérieur d’un État existant. Nous condamnons la violence contre une minorité quelle qu’elle soit. Nous nous engageons à prendre des mesures pour promouvoir la tolérance et à édifier des sociétés pluralistes dans lesquelles toutes les personnes, quelle que soit leur origine ethnique, jouissent de l’égalité des chances. Nous soulignons que les questions relatives aux minorités natio- nales ne peuvent être résolues d’une manière satisfaisante que dans un cadre politique démocra- tique, fondé sur l’état de droit.
Nous réaffirmons que nous reconnaissons que tout individu a droit à une nationalité et que per- sonne ne devrait être privée arbitrairement de sa nationalité. Nous nous engageons à poursuivre nos efforts pour garantir que tout le monde puisse exercer ce droit. Nous nous engageons aussi à contribuer à assurer la protection internationale des personnes apatrides.
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20. Nous reconnaissons les difficultés particulières que rencontrent les Roms et les Sintis et de la nécessité de prendre des mesures efficaces afin de faire bénéficier de la pleine égalité des chances, conformément aux engagements pris au titre de l’OSCE, les personnes appartenant aux Roms et aux Sintis. Nous renforcerons nos efforts pour faire en sorte que les Roms et les Sintis puissent participer pleinement, sur un pied d’égalité, à la vie de nos sociétés et pour éliminer la discrimi- nation à leur égard.
21. Nous sommes résolus à éliminer la torture et les autres peines ou traitements cruels, inhumains ou dégradants dans tout l’espace de l’OSCE. A cette fin, nous encouragerons l’adoption de lois four- nissant des garanties et voies de recours sur le plan de la procédure et du fond pour combattre ces pratiques. Nous aiderons les victimes et coopérerons, le cas échéant, avec les organisations inter- nationales et organisations non gouvernementales intéressées.
22. Nous rejetons toute politique d’épuration ethnique ou d’expulsion massive. Nous réaffirmons notre engagement à respecter le droit de demander asile et à assurer la protection internationale des réfugiés, conformément à la Convention de 1951 relative au statut des réfugiés et à son Proto- cole de 1967, et à faciliter le retour volontaire, dans la dignité et la sécurité, des réfugiés et des per- sonnes déplacées à l’intérieur d’un pays. Nous poursuivrons, sans discrimination, la réintégration des réfugiés et des personnes déplacées dans leurs lieux d’origine.
Afin d’améliorer la protection des civils en temps de conflit, nous rechercherons les moyens de ren- forcer l’application du droit international humanitaire.
23. L’exercice entier et en toute égalité, par les femmes, de leurs droits fondamentaux est indispen- sable pour rendre l’espace de l’OSCE plus pacifique, plus prospère et plus démocratique. Nous nous engageons à faire de l’égalité entre hommes et femmes une partie intégrante de nos politiques, à la fois au niveau de nos États et au sein de l’Organisation.
24. Nous prendrons des mesures visant à éliminer toute forme de discrimination à l’égard des femmes et à mettre fin à la violence exercée contre les femmes et les enfants de même qu’à l’exploita- tion sexuelle et à toute forme de trafic d’êtres humains. Afin de prévenir ces crimes, nous encoura- gerons, entre autres, l’adoption de nouvelles lois ou le renforcement de lois existantes pour traduire en justice les auteurs de tels actes et améliorer la protection des victimes. Nous mettrons également au point et appliquerons des mesures visant à promouvoir les droits et intérêts des enfants dans les conflits armés et dans les situations d’après-conflit, notamment des enfants réfugiés et dépla- cés à l’intérieur d’un pays. Nous étudierons les moyens de prévenir l’enrôlement forcé ou obliga- toire de personnes de moins de 18 ans pour participer à des conflits armés.
25. Nous réaffirmons notre obligation de tenir des élections libres et équitables conformément aux engagements de l’OSCE et notamment au Document de Copenhague 1990. Nous reconnais- sons l’aide que le BIDDH peut apporter aux États participants dans l’élaboration et l’application de la législation électorale. Conformément à ces engagements, nous inviterons aux élections les observateurs d’autres États participants, du BIDDH, de l’Assemblée parlementaire de l’OSCE et de toute autre institution et organisation appropriée, qui souhaitent suivre le déroulement de nos scru- tins. Nous convenons de donner suite sans tarder aux rapports d’évaluation des élections présen- tés par le BIDDH et à ses recommandations.
26. Nous réaffirmons l’importance des médias indépendants et de la libre circulation des informa- tions tout comme de l’accès du public à l’information. Nous nous engageons à prendre toutes les mesures nécessaires pour réunir les conditions indispensables à la liberté et à l’indépendance des médias ainsi qu’à la circulation sans entraves de l’information au-delà des frontières et à l’intérieur
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des États que nous considérons comme une composante essentielle de toute société démocratique, libre et ouverte.
27. Les organisations non gouvernementales (ONG) peuvent jouer un rôle crucial dans l’action en faveur des droits de l’homme, de la démocratie et de l’état de droit. Elles font partie intégrante d’une société civile forte. Nous nous engageons à renforcer la capacité des ONG de contribuer pleinement au développement de la société civile et au respect des droits de l’homme et des liber- tés fondamentales. (…)
État de droit et lutte anticorruption
33. Nous réaffirmons notre attachement à l’état de droit. Nous reconnaissons que la corruption constitue une grave menace pour les valeurs partagées de l’OSCE. Elle engendre l’instabilité et touche de nombreux aspects des dimensions sécuritaire, économique et humaine. Les États participants s’engagent à redoubler d’efforts pour combattre la corruption et les conditions qui la favorisent, et à promouvoir un cadre propice aux bonnes pratiques de gestion des affaires publiques et à l’in- tégrité publique. Ils feront un meilleur usage des instruments internationaux existants et s’aide- ront les uns les autres dans la lutte contre la corruption. Dans le cadre de son action en faveur de l’état de droit, l’OSCE coopérera avec les ONG qui luttent pour susciter dans le public et dans les milieux d’affaires un ferme consensus contre les pratiques de corruption.
IV. Nos instruments communs Renforcer notre dialogue (…)
36. Pour témoigner de notre esprit de solidarité et de partenariat, nous renforcerons également notre dialogue politique afin de proposer une assistance aux États participants, afin d’assurer ainsi le respect des engagements de l’OSCE. Pour encourager ce dialogue, nous avons décidé, confor- mément aux règles et pratiques consacrées, de faire un usage accru des instruments de l’OSCE, notamment pour : (…) • Organiser des programmes de formation visant à améliorer les normes et pratiques, notamment dans les domaines des droits de l’homme, de la démocratisation et de l’état de droit ; • examiner des questions concernant le respect des engagements de l’OSCE dans le cadre de réu- nions et conférences d’examen de l’OSCE de même que dans le cadre du Forum économique ; (…)
Opérations de l’OSCE sur le terrain (…)
38. Le développement des opérations de l’OSCE sur le terrain représente une transformation orga- nisationnelle majeure, qui a permis à l’OSCE de jouer un rôle plus marquant en faveur de la paix, de la sécurité et du respect des engagements de l’OSCE. Sur la base de l’expérience que nous avons acquise, nous développerons et renforcerons encore cet instrument pour exécuter, selon les man- dats respectifs, notamment les tâches suivantes : (…)
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• Observer l’exécution des engagements de l’OSCE et formuler des avis ou des recommandations visant à en améliorer le respect ; • Contribuer à l’organisation et à l’observation d’élections ; • Prêter appui en ce qui concerne l’état de droit et les institutions démocratiques, ainsi que le main- tien ou le rétablissement de l’ordre public ; (…) • Apporter son appui au relèvement et à la reconstruction, sous divers aspects, d’une société.
Activités relatives à la police ;
44. Nous nous emploierons à renforcer le rôle de l’OSCE concernant les activités relatives à la police civile en tant que partie intégrante des efforts de l’Organisation dans le domaine de la prévention des conflits, de la gestion des crises et du relèvement après un conflit. Ces activités peuvent com- prendre les éléments ci-après : – Contrôle de la police, afin notamment de l’empêcher de se livrer à des activités impliquant par exemple une discrimination fondée sur l’identité religieuse ou ethnique ; – Formation de la police, qui pourrait notamment inclure les tâches suivantes : – Amélioration des capacités opérationnelles et tactiques des services de police locaux et réforme des forces paramilitaires ; – Acquisition de compétences nouvelles et modernes en ce qui concerne par exemple la police de proximité et la lutte anti-drogue, anti-corruption et anti-terrorisme ; – Création d’un service de police à composition multi-ethnique et/ou multi-religieuse, qui puisse jouir de la confiance de toute la population ; – Promotion du respect des droits de l’homme et des libertés fondamentales en général.
45. Nous encouragerons aussi le développement de systèmes judiciaires indépendants qui jouent un rôle clef en offrant des voies de recours en cas de violations des droits de l’homme, et prête- rons conseil et assistance pour la réforme de systèmes pénitentiaires. L’OSCE contribuera aussi, conjointement avec d’autres organisations internationales, à la création d’un cadre politique et juri- dique permettant à la police de s’acquitter de ses tâches conformément aux principes démocra- tiques et à l’état de droit.
Maintien de la paix
46. Nous restons attachés au renforcement du rôle clef de l’OSCE en ce qui concerne le maintien de la paix et de la stabilité à travers l’espace de l’OSCE. C’est dans des domaines tels que les opéra- tions sur le terrain, le relèvement après un conflit, la démocratisation, les droits de l’homme et l’ob- servation des élections que l’OSCE a apporté la contribution la plus efficace à la sécurité régionale. Nous avons décidé d’étudier plus à fond les possibilités d’accroître et d’élargir éventuellement le rôle de l’OSCE dans le maintien de la paix. Réaffirmant nos droits et nos obligations en vertu de la Charte des Nations Unies et sur la base des décisions existantes, nous confirmons que l’OSCE peut, au cas par cas et par consensus, décider de jouer un rôle dans le maintien de la paix, notam- ment un rôle de direction lorsque les États participants estiment quelle est l’Organisation la plus efficace et la plus appropriée. A cet égard, elle pourrait aussi décider de définir le mandat d’opéra- tions de maintien de la paix menées par d’autres et solliciter l’appui d’États participants de même que d’autres organisations pour fournir ressources et expertise. Conformément à la Plate-forme pour la sécurité coopérative, elle pourrait aussi offrir un cadre permettant de coordonner ces efforts.
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(…)
VI. Conclusion
51. La présente Charte sera bénéfique pour la sécurité de tous les États participants en mettant en valeur et en renforçant l’OSCE au seuil du XXIe siècle. Aujourd’hui, nous avons décidé de déve- lopper ses instruments existants et de créer de nouveaux outils. Nous nous en servirons pleine- ment pour promouvoir un espace de l’OSCE libre, démocratique et sûr. (…)
161 Document de la Huitième Réunion du Conseil ministériel Vienne 2000
Décisions de la Réunion du Conseil ministériel de Vienne
Décision sur le renforcement des efforts de l’OSCE pour combattre la traite des êtres humains
Le Conseil ministériel,
Ayant à l’esprit la Charte de sécurité européenne qui engage les États participants à prendre « des mesures visant à éliminer toute forme de discrimination à l’égard des femmes et à mettre fin à la vio- lence exercée contre les femmes et les enfants de même qu’à l’exploitation sexuelle et à toute forme de trafic d’êtres humains » et à encourager « l’adoption de nouvelles lois ou le renforcement de lois existantes pour traduire en justice les auteurs de tels actes et améliorer la protection des victimes »,
Rappelant les engagements de l’OSCE en faveur de la lutte contre la traite des êtres humains, qui sont consignés dans le Document de Moscou de 1991,
Constatant que la traite des êtres humains pose un problème croissant et convaincu de la néces- sité pour l’OSCE de renforcer ses efforts pour combattre le trafic des êtres humains dans toute sa région, y compris pendant et après un conflit, et de contribuer à l’action contre la traite menée sur le plan national, régional et international pour défendre les droits de l’homme et combattre la cri- minalité transnationale organisée,
1. Réaffirme que la traite des êtres humains est une atteinte abjecte aux droits de l’homme et une grave infraction qui appelle une réponse plus globale et plus coordonnée de la part des États par- ticipants et de la communauté internationale, ainsi qu’une démarche plus cohérente qui fasse une plus grande part à la coopération entre les pays, et en particulier les pays d’origine, de transit et de destination ;
2. Se félicite de l’adoption, par l’Assemblée générale des Nations Unies, du Protocole additionnel à la Convention des Nations Unies contre la criminalité transnationale organisée visant à préve- nir, réprimer et punir la traite des personnes en particulier des femmes et des enfants et de la défi- nition de l’expression « traite des personnes », qui figure dans ledit Protocole, et adresse un appel à tous les États participants pour qu’ils signent et ratifient le Protocole des Nations Unies ainsi que le protocole facultatif se rapportant à la Convention relative aux droits de l’enfant concernant la vente d’enfants, la prostitution des enfants et la pornographie impliquant des enfants ;
3. Reconnaît qu’il incombe au premier chef aux États participants de combattre la traite, en se fon- dant sur une démarche intégrée et coordonnée, qui inclut la prévention de la traite, la protection des victimes et la poursuite des trafiquants et de leurs complices ;
162 Vienne 2000
4. Souligne le rôle des parlements nationaux en ce qui concerne notamment l’adoption des lois nécessaires pour combattre la traite des êtres humains et accueille avec satisfaction les paragraphes 106 et 107 concernant la traite des personnes de la Déclaration de Bucarest adoptée par l’Assem- blée parlementaire ;
5. Convient de renforcer les activités de l’OSCE visant à combattre la traite et souligne la néces- sité d’intensifier la coopération entre les différentes institutions de l’OSCE ainsi qu’entre l’OSCE et d’autres organisations internationales, comme les organismes compétents des Nations Unies, l’Organisation internationale pour les migrations, le Conseil de l’Europe, l’Union européenne et Interpol ;
6. Appuie le travail de l’équipe spéciale sur la traite des êtres humains constituée dans le cadre du Pacte de stabilité et engage en particulier les gouvernements de la région concernée à jouer un rôle actif dans cette équipe spéciale ;
7. Demande aux institutions de l’OSCE, en particulier au BIDDH, et aux opérations sur le terrain d’élaborer et de mettre en œuvre des programmes de lutte contre la traite et de promouvoir des efforts coordonnés dans les domaines de la prévention, des poursuites et de la protection, en coo- pération avec les organisations non gouvernementales de même qu’avec les organisations interna- tionales et autres institutions compétentes ;
8. S’engage à susciter une prise de conscience, notamment avec l’aide du BIDDH, des organisa- tions non gouvernementales et autres institutions compétentes, chez les agents de services publics comme les services de détection et de répression, les services judiciaires et consulaires ou les ser- vices d’immigration, en établissant, le cas échéant, des programmes de formation concernant tous les aspects de la traite ;
9. S’engage à prendre les mesures nécessaires, notamment en adoptant et en appliquant une légis- lation correspondante, pour pénaliser la traite des êtres humains, en prévoyant, entre autres, des peines appropriées en vue d’assurer une réponse efficace en matière de détection et de répression et de poursuites. Cette législation devrait envisager le problème de la traite dans l’optique des droits de l’homme et inclure une disposition relative à la protection des droits fondamentaux des vic- times, en faisant en sorte que les victimes ne fassent pas l’objet de poursuites pour la seule raison qu’elles ont été victimes de la traite ;
10. Envisagera l’adoption de mesures législatives ou d’autres mesures appropriées, par exemple en matière d’hébergement, qui permettent aux victimes de la traite des personnes de rester sur leur territoire à titre temporaire ou permanent lorsqu’il y a lieu ; la mise en place de processus appropriés de rapatriement des victimes de la traite, compte dûment tenu de la sécurité de ces per- sonnes, en leur délivrant notamment les documents voulus ; et la définition de politiques concer- nant l’octroi de prestations économiques et sociales aux victimes de même que leur réadaptation et réinsertion dans la société ;
11. Encourage la nomination, le cas échéant, de représentants officiels pour les questions de traite chargés de coordonner les activités nationales, d’assurer une coopération régionale et internationale et de mettre les informations résultant de ces contacts à la disposition d’autres États participants ;
12. Reconnaît que les opérations de l’OSCE sur le terrain peuvent, dans le cadre légal des pays hôtes, avoir un rôle précieux à jouer dans la lutte contre la traite, notamment sous forme d’ob- servation suivie, de communication d’informations ou d’aide aux autorités publiques en encou- rageant, entres autres, le dialogue et en servant d’intermédiaire entre les pouvoirs publics et les
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organisations et institutions non gouvernementales pour résoudre certains cas de traite de per- sonnes ; et demande aux opérations sur le terrain de renforcer la coopération entre elles ;
13. Prie le Secrétariat de l’OSCE, agissant en coopération avec le BIDDH, de faire une plus grande part à la formation en matière de lutte contre la traite dans ses programmes d’initiation à l’in- tention du personnel hors siège de l’OSCE, afin que ce personnel soit mieux à même de suivre le problème de la traite, d’en rendre compte et d’y répondre dans le cadre des activités normales de l’OSCE ; et de sensibiliser les institutions et le personnel de l’OSCE aux problèmes de la traite ; ces programmes de formation devraient être également mis à la disposition des États participants et d’autres organisations internationales ;
14. Se félicite de l’intention du Secrétariat de l’OSCE de mettre au point le code de conduite pour les membres des missions de l’OSCE en y insérant des dispositions sur la traite des êtres humains et autres violations des droits de l’homme, compte sur l’application rapide de ce code par toutes les structures et institutions de l’OSCE, demande aux chefs des opérations de l’OSCE sur le ter- rain de prendre des mesures appropriées si des membres de leur personnel exploitent des victimes de la traite, et encourage tous les autres organismes internationaux à adopter, le cas échéant, des normes et pratiques analogues.
164 Document de la Neuvième Réunion du Conseil ministériel Bucarest 2001
Déclaration ministérielle de Bucarest (…)
2. Nous condamnons résolument tous les actes de terrorisme. Le terrorisme, quelle qu’en soit la motivation ou l’origine, n’a aucune justification. Aucune cause ne peut justifier que des per- sonnes innocentes soient intentionnellement prises pour cible. Dans la lutte contre le terrorisme, il n’y a pas de neutralité.
3. Traduisant la solidarité de l’OSCE, le Conseil ministériel a adopté aujourd’hui une décision et un plan d’action contre le terrorisme. Nous affirmons de nouveau que la lutte contre le terrorisme n’est pas une guerre contre des religions ou des peuples. Nous réaffirmons notre engagement à protéger les droits de l’homme et les libertés fondamentales.
4. Nous sommes résolus à mettre nos citoyens à l’abri des nouveaux défis pour la sécurité tout en protégeant l’état de droit, les libertés individuelles et le droit à l’égalité devant la justice, confor- mément à la loi. La criminalité organisée, le trafic illicite de drogues et d’armes et la traite des êtres humains portent atteinte à la sécurité, à l’économie et à la structure sociale de tous les États parti- cipants. Le Conseil ministériel apporte son appui au renforcement des efforts et à l’intensification de la coopération internationale pour relever ces défis et invite instamment les États participants qui ne l’ont pas encore fait à devenir parties à la Convention des Nations Unies contre la crimina- lité transnationale organisée et aux protocoles additionnels à la Convention. (…)
12. Nous réaffirmons aussi notre attachement aux relations fondées sur l’égalité souveraine, le res- pect mutuel, la coopération et l’appui à la démocratie. Nous sommes résolus à édifier nos relations en conformité avec le concept de sécurité commune et globale, dans un esprit de partenariat égal, de solidarité et de transparence. Nous demeurons attachés à une communauté globale de l’OSCE allant de Vancouver à Vladivostok, libre et en paix, qui réponde par une action concertée aux défis pour la paix et la stabilité.
II. Décision sur la lutte contre le terrorisme et plan d’action de Bucarest pour lutter contre le terrorisme
Les 55 États participants de l’OSCE sont unis contre le terrorisme, fléau de notre époque.
Les États participants de l’OSCE condamnent résolument les actes barbares de terrorisme qui ont été perpétrés contre les États-Unis le 11 septembre 2001. Ces actes constituent une attaque contre l’ensemble de la communauté internationale et contre des personnes de toutes confessions et de toutes cultures. Ces actes odieux de même que les autres actions terroristes sous toutes leurs formes
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et manifestations, quels qu’en soient la date, le lieu ou l’auteur, constituent une menace pour la paix, la sécurité et la stabilité régionales et internationales. Il ne doit pas y avoir de refuge pour ceux qui commettent ou financent de tels actes criminels ou qui abritent ou soutiennent de quelque façon que ce soit ceux qui en sont responsables. Le terrorisme, quelle qu’en soit la motivation ou l’ori- gine, n’a aucune justification.
Les États participants de l’OSCE ne céderont pas aux menaces terroristes mais les combattront par tous les moyens conformément à leurs engagements internationaux. Cela leur demandera un effort prolongé et soutenu, mais ils tirent leur force de leur vaste coalition allant de Vancouver à Vladi- vostok. Ils défendront la liberté et protégeront leurs citoyens contre les actes de terrorisme, en res- pectant pleinement le droit international et les droits de l’homme. Ils rejettent fermement toute identification du terrorisme avec une nationalité ou une religion quelconque et confirment à nou- veau les normes, principes et valeurs de l’OSCE.
Les États participants de l’OSCE s’engagent à renforcer et à développer la coopération, aux niveaux bilatéral et multilatéral, au sein de l’Organisation de même qu’avec l’Organisation des Nations Unies et d’autres organisations régionales et internationales en vue de combattre le terrorisme sous toutes ses formes et manifestations, quels qu’en soient le lieu et l’auteur. En tant qu’accord régional au sens du Chapitre VIII de la Charte des Nations Unies, l’OSCE est déterminée à contri- buer à la réalisation d’obligations internationales telles qu’elles sont énoncées, entre autres, dans la résolution 1373 (2001) du Conseil de sécurité des Nations Unies, et agira en conformité avec les objectifs et principes de la Charte des Nations Unies. Les États participants de l’OSCE s’engagent à devenir dès que possible parties aux 12 conventions et protocoles internationaux des Nations Unies relatifs au terrorisme. Ils demandent de mener promptement à terme les négociations rela- tives à une convention globale des Nations Unies sur le terrorisme international.
Les États participants de l’OSCE se sont réunis dans un esprit de solidarité politique pour prendre des mesures communes. Ils attendent avec intérêt la contribution importante que la Conférence internationale de Bichkek sur le renforcement de la sécurité et de la stabilité en Asie centrale, qui doit se tenir les 13 et 14 décembre 2001, pourra apporter aux efforts mondiaux de lutte contre le ter- rorisme et appuieront, également grâce à une assistance technique, les partenaires d’Asie centrale qui le demanderont, pour parer aux menaces extérieures liées au terrorisme.
A cette fin, le Conseil ministériel de l’OSCE adopte « Le Plan d’action de Bucarest pour lutter contre le terrorisme », joint à la présente décision.
Annexe
Plan d’action de Bucarest pour lutter contre le terrorisme
I. Objectif du Plan d’action
1. Le terrorisme est une menace pour la paix et la sécurité internationales dans l’espace de l’OSCE comme ailleurs. L’OSCE est prête à apporter sa contribution à la lutte contre le terrorisme en étroite coopération avec d’autres organisations et instances. Cette contribution, sera conforme à la Plate- forme pour la sécurité coopérative et bénéficiera de l’interaction entre les efforts de lutte contre le terrorisme déployés à l’échelle régionale et mondiale sous les auspices de l’Organisation des Nations Unies. Les États participants de l’OSCE s’engagent à mettre leur volonté politique, leurs ressources et leurs moyens pratiques au service de l’exécution de leurs obligations en vertu des conventions relatives au terrorisme international existantes et s’engagent à intensifier leur action, aux niveaux national, bilatéral et multilatéral, pour combattre le terrorisme.
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2. Dans sa contribution à l’action mondiale de lutte contre le terrorisme, l’OSCE cherchera à mettre en valeur les particularités de l’Organisation, ses atouts et ses avantages comparatifs : son concept de sécurité globale qui établit un lien entre les dimensions politico-militaire, humaine et éco- nomique, le nombre important de ses membres, son expérience sur le terrain, et sa compétence en matière d’alerte précoce, de prévention des conflits, de gestion des crises, de relèvement après un conflit et de développement des institutions démocratiques. En outre, nombre de mesures exis- tantes de lutte contre le terrorisme relèvent de domaines où l’OSCE est déjà active et compétente, comme par exemple la formation et le contrôle de la police, la réforme législative et judiciaire et l’observation des frontières.
3. Le but du Plan d’action est d’établir le cadre de l’action globale de l’OSCE à engager par les États participants et par l’Organisation dans son ensemble pour lutter contre le terrorisme, en respec- tant pleinement le droit international, y compris les normes concernant les droits de l’homme et d’autres normes pertinentes du droit international. Le Plan d’action cherche à étendre les acti- vités existantes qui contribuent à la lutte contre le terrorisme, à faciliter l’interaction entre les États et, le cas échéant, à définir de nouveaux instruments d’action. Le Plan d’action, qui reconnaît que la lutte contre le terrorisme nécessite des efforts soutenus, définira les activités à exécuter immé- diatement de même qu’à moyen et à long terme.
II. Obligations juridiques et engagements politiques internationaux
4. Les conventions des Nations Unies et les résolutions du Conseil de sécurité des Nations Unies définissent le cadre juridique global de la lutte contre le terrorisme. Les résolutions 1269 (1999), 1368, 1373 et 1377 (2001) du Conseil de sécurité ainsi que les 12 conventions et protocoles des Nations Unies relatifs aux questions de lutte contre le terrorisme constituent les fondements de ce cadre et comprennent un certain nombre d’éléments spécifiques de la lutte contre le terrorisme. En outre, de nombreux documents de l’OSCE, dont les déclarations de réunions au sommet, de Hel- sinki à Istanbul, énoncent l’engagement de l’OSCE de lutter contre le terrorisme, conformément à la Charte des Nations Unies. Il faut chercher et veiller à ce que les États participants soient par- ties, de la manière la plus vaste et la plus complète possible, aux instruments et engagements exis- tants pour lutter contre le terrorisme, et les mettent en œuvre.
5. États participants : Ils s’engagent à s’efforcer de devenir, si possible d’ici le 31 décembre 2002, parties aux 12 conventions et protocoles des Nations Unies relatifs au terrorisme, tout en considé- rant le rôle important que les parlementaires peuvent jouer dans la ratification et autres proces- sus législatifs anti-terroristes. Ils sont encouragés à informer le Conseil permanent des mesures prises à cet égard. Ils participeront activement, dans le cadre de l’ONU, aux négociations en cours sur une convention globale contre le terrorisme international et sur une convention internatio- nale pour la répression des actes de terrorisme nucléaire, en vue de les mener à bien rapidement.
6. Bureau des institutions démocratiques et des droits de l’homme (BIDDH) : Il offrira, sur demande officielle d’États participants intéressés et, le cas échéant, une assistance ou des conseils techniques sur l’élaboration de lois nécessaires à la ratification d’instruments internationaux, en étroite coo- pération avec d’autres organisations, dont l’Office des Nations Unies pour le contrôle des drogues et la prévention du crime (OCDPC).
7. États participants : Ils examineront comment l’OSCE peut s’inspirer des meilleures pratiques et des enseignements tirés d’autres groupements, organisations, institutions et instances p ertinents dans des domaines tels que la coopération policière et judiciaire, la prévention et la répression du financement du terrorisme, le refus d’autres moyens de soutien, les contrôles aux frontières, y compris la sécurité des visas et des documents, et l’accès des services de répression à l’information.
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8. Les États participants recourront également au Forum pour la coopération en matière de sécurité pour renforcer leurs efforts de lutte contre le terrorisme en appliquant pleinement et en temps voulu toutes les mesures pertinentes agréées par l’OSCE. A cette fin, ils renforceront la mise en œuvre des engagements et accords politico-militaires existants, en particulier du Code de conduite rela- tif aux aspects politico-militaires de la sécurité et du Document de l’OSCE sur les armes légères et de petit calibre.
Le Forum examinera la pertinence que présentent ses autres documents pour la lutte contre le ter- rorisme et analysera s’il y a lieu d’élaborer des normes et mesures supplémentaires. Le Dialogue de sécurité pourra servir de base appropriée à des consultations suivies sur ces questions au sein du Forum.
Les États participants présenteront des réponses au Questionnaire sur l’application du Code de conduite pour assurer une transparence supplémentaire en ce qui concerne les engagements pris aux niveaux national, régional et international de lutter contre le terrorisme, en particulier les conventions et résolutions pertinentes des Nations Unies. Le Forum examinera les moyens de mettre intégralement en œuvre le Document sur les armes légères et de petit calibre, et entre autres, la Section V sur l’alerte précoce, la prévention des conflits, la gestion des crises et le relè- vement après un conflit. Le Forum examinera la possibilité de renforcer la transparence en ce qui concerne les systèmes nationaux de marquage, les exportations et importations et les procédures nationales de gestion et de sécurité des stocks, principalement en examinant les informations ainsi échangées et en élaborant un guide de la meilleure pratique. La Conférence de suivi sur le Code de conduite et l’atelier sur les armes légères et de petit calibre, qui auront lieu en 2002, pourront renforcer encore l’application de ces documents pour lutter contre le terrorisme.
III. Action préventive contre le terrorisme dans l’espace de l’OSCE
9. Aucune circonstance ni cause ne peut justifier des actes de terrorisme. Parallèlement, il y a diffé- rents facteurs sociaux, économiques, politiques et autres, y compris le séparatisme et l’extrémisme violents, qui engendrent une situation permettant aux organisations terroristes de recruter et de se ménager des appuis. L’approche globale de la sécurité propre à l’OSCE lui procure des avan- tages comparatifs pour la lutte contre le terrorisme, en identifiant ces facteurs et en s’y attaquant par le biais de tous les instruments et structures pertinents de l’OSCE.
10. Mise en place d’institutions, renforcement de l’état de droit et des pouvoirs publics : BIDDH : Il continuera à s’efforcer de promouvoir, à la demande des États, la mise en place d’institutions démocratiques, en apportant son concours, en aidant notamment à renforcer les capacités admi- nistratives, les administrations locales et centrale et les structures parlementaires, la magistrature, les institutions de médiateur et la société civile. Il facilitera à cet égard des échanges de meilleures pratiques et d’expériences entre États participants. Il continuera à élaborer des projets pour conso- lider les institutions démocratiques, la société civile et la bonne gouvernance.
11. Promotion des droits de l’homme, de la tolérance et du multiculturalisme : États participants/ Conseil permanent/BIDDH/Haut Commissaire pour les minorités nationales (HCMN)/Représen- tant de l’OSCE pour la liberté des médias : Ils favoriseront et renforceront la tolérance, la coexis- tence et les relations harmonieuses entre les groupes ethniques, religieux, linguistiques et autres, de même qu’une coopération constructive à cet égard entre États participants. Ils assureront l’alerte précoce et donneront des réponses appropriées dans les cas de violence, d’intolérance, d’extré- misme et de discrimination contre ces groupes et, en même temps, œuvreront en faveur du respect de l’état de droit, des valeurs démocratiques et des libertés individuelles. Ils feront en sorte que
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les personnes appartenant à des minorités nationales aient le droit d’exprimer, de préserver et de développer en toute liberté leur identité ethnique, culturelle, linguistique ou religieuse.
12. Représentant de l’OSCE pour la liberté des médias : Il examinera l’élaboration de projets visant à soutenir la tolérance à l’égard de personnes d’autres convictions ou croyances par l’intermé- diaire des médias. Il favorisera les mesures visant à prévenir et à combattre le nationalisme agres- sif, le racisme, le chauvinisme, la xénophobie et l’antisémitisme dans les médias. Il continuera à encourager un débat pluraliste et une attention accrue des médias pour promouvoir la tolérance de la diversité ethnique, religieuse, linguistique et culturelle et, dans ce contexte, facilitera l’accès du public aux médias et détectera tout propos haineux.
13. Considération de facteurs socio-économiques négatifs : États/Secrétariat participants : Ils s’ef- forceront de déceler les problèmes économiques et environnementaux qui compromettent la sécu- rité, comme par exemple les problèmes suivants – mauvaise administration des affaires publiques, corruption, activités économiques illicites, chômage élevé, pauvreté généralisée et grandes inégali- tés, facteurs démographiques et utilisation non viable des ressources naturelles ; et ils chercheront à pallier à ces facteurs avec l’aide, s’ils le demandent, du Bureau du Coordonnateur des activités économiques et environnementales de l’OSCE agissant, entre autres, comme élément moteur d’ac- tion et de coopération.
14. Prévention de conflits violents et promotion d’un règlement pacifique des différends : En tirant parti de toutes ses capacités, l’OSCE poursuivra et intensifiera ses travaux dans le domaine de l’alerte précoce et des réponses appropriées, de la prévention des conflits, de la gestion des crises et du relèvement après un conflit ; elle renforcera son aptitude à régler des conflits, intensifiera ses efforts pour apporter des solutions durables à des conflits non résolus, notamment grâce à la pro- motion de l’état de droit et de la prévention de la criminalité dans les zones de conflit par une coopération accrue avec l’Organisation des Nations Unies, l’Union européenne et d’autres orga- nisations internationales, et développera plus avant sa capacité de déploiement rapide (REACT) dans les situations de crise.
15. Règlement de la question des déplacements prolongés : États participants/BIDDH/HCMN/ Représentant pour la liberté des médias : Ils étudieront les moyens de rendre l’OSCE mieux à même de contribuer à des solutions durables, en soutenant d’autres organisations concernées, principale- ment le Haut Commissariat des Nations Unies pour les réfugiés, et en coopérant étroitement avec ces organisations. ls suivront de près les situations de déplacement prolongé. Ils suivront de près les situations de déplacement prolongé.
16. Renforcement de la législation anti-terroriste nationale : États participants : Ils s’engage- ront à s’acquitter de toutes les obligations qu’ils ont contractés au titre des conventions et pro- tocoles relatifs au terrorisme ainsi que de la Convention des Nations Unies contre la criminalité transnationale organisée et des protocoles additionnels à la Convention, en partageant les infor- mations et les méthodes dans cette optique et en examinant les moyens de coopérer dans l’appli- cation de ces conventions et protocoles dans le cadre de réunions bilatérales, sous-régionales ou à l’échelle de l’OSCE.
17. Assemblée parlementaire de l’OSCE : Elle continuera de s’employer à favoriser le dialogue entre les parlementaires de l’OSCE afin de renforcer la législation indispensable pour combattre le terrorisme.
18. BIDDH : Il proposera, à la demande des États participants intéressés et selon que de besoin, une assistance technique ou des conseils concernant l’application des conventions et protocoles inter- nationaux relatifs au terrorisme et la conformité de la législation anti-terroristes avec les normes
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internationales, conformément aux décisions du Conseil permanent, et cherchera à coopérer à cette fin avec d’autres organismes, et en particulier l’OCDPC. Il envisagera de faciliter les contacts entre experts nationaux pour encourager l’échange d’informations et pour promouvoir les meilleures pratiques intéressant la législation anti-terroristes.
19. Appui à l’application de la loi et lutte contre la criminalité organisée : États participants : Eu égard aux liens étroits qui existent entre le terrorisme et la criminalité transnationale organisée, le trafic illicite de drogues, le blanchiment d’argent et le trafic illicite d’armes, les États participants prendront les mesures nécessaires pour empêcher sur leur territoire les activités illicites de per- sonnes, groupes ou organisations qui fomentent, financent, organisent, facilitent ou perpètrent des actes de terrorisme ou d’autres activités illicites visant à renverser par la violence le régime politique d’un autre État participant. Ils se prêteront mutuellement la plus grande assistance en fournissant des informations lors des enquêtes criminelles ou des procédures d’extradition pénale relatives aux actes terroristes, conformément à leur droit national et à leurs obligations internationales.
20. Conseil permanent : Il envisagera d’organiser des réunions régulières de représentants des ser- vices chargés de l’application de la loi des États participants et, le cas échéant, d’experts de l’OSCE ayant une expérience en la matière pour confronter les meilleures pratiques et les moyens d’amé- liorer la coopération.
21. Secrétariat : Il aidera les États participants, à leur demande, par des mesures visant à combattre la traite des êtres humains, et le trafic de drogues ou d’armes légères et de petit calibre, conformé- ment aux décisions applicables du Conseil permanent, et s’efforcera d’aider à faciliter, le cas échéant, la surveillance accrue des frontières. Il aidera en outre les États participants, à leur demande et avec leur consentement, en prêtant conseil et assistance en ce qui concerne la restructuration et/ou la reconstitution des services de police ; le contrôle et la formation des services de police existants notamment dans le domaine des droits de l’homme ;
le renforcement des capacités, et notamment l’appui aux services de police intégrés ou multieth- niques. Il renforcera à cette fin ses activités actuelles relatives à la police dans les domaines de la pré- vention des conflits, de la gestion des crises et du relèvement après un conflit.
22. BIDDH : Il conseillera en permanence les États participants, à leur demande, à propos du ren- forcement des cadres juridiques nationaux et des institutions qui font respecter l’état de droit, comme les services chargés de l’application de la loi, la magistrature assise et debout, le barreau et les avocats de la défense. Il intensifiera ses efforts pour combattre la traite des êtres humains et pour secourir les victimes de la traite. Il appuiera, le cas échéant, la réforme pénitentiaire et les améliorations de la procédure pénale.
23. Représentant pour la liberté des médias : Il coopérera en appuyant, sur demande, la rédaction de textes législatifs visant à prévenir l’abus des technologies de l’information à des fins t erroristes de sorte que ces textes soient conformes aux engagements relatifs à la liberté d’expression et à la libre circulation de l’information.
24. Répression du financement du terrorisme : États participants : Ils prendront, dans le cadre de la Convention internationale pour la répression du financement du terrorisme adoptée par l’ONU et de la résolution 1373 (2001) du Conseil de sécurité des Nations Unies, des mesures visant à prévenir et à réprimer le financement du terrorisme, érigeront en infraction la fourniture ou la collecte délibérée de fonds à des fins terroristes et gèleront les avoirs des terroristes, en gardant également à l’esprit la résolution 1267 (1999) du Conseil de sécurité des Nations Unies. Ils apporte- ront, conformément à leur législation nationale et à leurs obligations au titre du droit international,
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une prompte réponse aux demandes de renseignements d’un autre État participant ou d’une orga- nisation internationale compétente.
25. États/Secrétariat participants : Ils étudieront aussi, dans le cadre des activités économiques et environnementales prévues pour 2002, les moyens de combattre les facteurs économiques qui risquent de faciliter l’apparition du terrorisme, les conséquences économiques du terrorisme ainsi que l’appui financier fourni aux terroristes. Ils examineront la manière dont l’OSCE pourrait contribuer, dans le cadre de son action en faveur de la transparence et de la lutte contre la corrup- tion, à l’effort international plus vaste de lutte contre le terrorisme. Ils envisageront de jouer un rôle catalyseur en mettant au point des projets ciblés de formation du personnel des institutions financières nationales dans des domaines intéressant le combat contre le terrorisme, dont notam- ment la surveillance des flux financiers et la prévention du blanchiment d’argent. Les États parti- cipants apporteront une contribution constructive aux prochaines négociations, au sein de l’ONU, sur un instrument anti-corruption global, en vue d’un aboutissement prompt et satisfaisant de ces négociations.
26. Prévention des mouvements de terroristes : États participants : Ils préviendront les mouve- ments de terroristes ou de groupes de terroristes en instituant un contrôle efficace aux frontières ainsi que des contrôles lors de la délivrance de papiers d’identité et de documents de voyage, et en prenant aussi des mesures pour assurer la sécurité des papiers d’identité et des documents de voyage et pour prévenir la contrefaçon, la falsification ou l’usage frauduleux de ces documents. Ils appli- queront ces mesures de contrôle en respectant pleinement leurs obligations au titre des normes du droit international concernant les réfugiés et les droits de l’homme. Ils veilleront, en recourant de manière appropriée aux dérogations prévues dans la Convention relative au statut des réfugiés de 1951 et dans le Protocole y relatif de 1967, que l’asile ne soit pas accordé à des personnes qui ont participé à des actes terroristes. Ils assureront en temps utile la détention et la poursuite ou l’extradition de personnes accusées d’actes terroristes, conformément à leurs obligations au titre du droit international et national.
IV. Action en vertu de la Plate-forme pour la sécurité coopérative – coopération avec d’autres organisations
27. L’Organisation des Nations Unies constitue le cadre de la lutte à l’échelle mondiale contre le terrorisme. La coopération et la coordination étroites entre tous les acteurs doivent être assu- rées. L’OSCE peut jouer un rôle de coordonnateur pour les initiatives inter – et intra-régionales. L’OSCE atteint, par des contacts étroits, les organisations non gouvernementales (ONG), la société civile et les parlementaires, établissant un maillage de plus en plus serré pour la coalition interna- tionale contre le terrorisme.
28. États/Secrétariat participants : Ils renforceront la coopération et l’échange d’informations, par les voies officielles ou officieuses, avec les autres groupements, organisations et institutions perti- nents engagés dans la lutte contre le terrorisme. Ils renforceront la coopération avec l’Union euro- péenne en matière d’analyse et d’alerte précoce et accentueront la synergie avec le Pacte de stabilité pour l’Europe du Sud-Est et l’Initiative centre-européenne dans les domaines intéressant la lutte contre le terrorisme. Ils favoriseront dans l’espace de l’OSCE le dialogue sur les questions inté- ressant les nouvelles menaces et les nouveaux défis. Ils élargiront le dialogue avec des partenaires en dehors de l’espace de l’OSCE, comme les partenaires méditerranéens pour la coopération et les partenaires pour la coopération en Asie, l’Organisation de coopération de Shanghai, la Confé- rence sur l’interaction et les mesures de confiance en Asie, l’Organisation de la conférence isla- mique, la Ligue des États arabes, l’Union africaine et les États riverains de l’espace de l’OSCE pour
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confronter les meilleures pratiques et les enseignements dégagés de l’action anti-terroriste en vue d’une application dans l’espace de l’OSCE.
V. Suivi
29. La « Conférence internationale de Bichkek sur le renforcement de la sécurité et de la stabilité en Asie centrale : renforcement des efforts d’ensemble pour lutter contre le terrorisme » qui se tien- dra les 13 et 14 décembre 2001 à Bichkek, permettra, pour la première fois : • d’examiner, avec une vaste gamme de participants, à la lumière du présent Plan d’action, l’ex- périence concrète et les meilleures pratiques en ce qui concerne la lutte contre le terrorisme international et • de recourir, eu égard aux défis spécifiques pour la sécurité auxquels cette région est exposée, aux dispositions pertinentes du présent Plan d’action pour apporter aux États participants d’Asie centrale un appui pratique, y compris une assistance financière et technique dans des domaines concrets qui les intéressent.
30. Le Secrétaire général présentera, d’ici le 27 décembre 2001, au Comité de l’Organisation des Nations Unies contre le terrorisme, les mesures de lutte contre le terrorisme prises par l’OSCE et informera par la suite, si besoin est, l’Organisation des Nations Unies. Il informera en outre régulièrement le Conseil permanent des activités de l’OSCE relevant du présent Plan d’action. Il établira un rapport sur les activités des organes de l’OSCE dans le domaine de la lutte anti-ter- roriste qu’il présentera à la prochaine réunion du Conseil ministériel ou au prochain sommet de l’OSCE et par la suite à la demande du Conseil permanent. 31. Chaque organe de l’OSCE appelé à prendre des mesures en vertu du présent Plan d’action établira, pour présentation au Conseil permanent, une « feuille de route » pour l’exécution de ces tâches et notamment un calendrier, un état des incidences sur le plan des ressources et une indication des activités appelant d’autres déci- sions du Conseil permanent.
Compte tenu des informations fournies par les autres organes de l’OSCE, le Secrétariat établira une évaluation préliminaire des incidences administratives et financières du présent Plan d’action ; eu égard notamment à la nécessité éventuelle d’établir au sein du Secrétariat un groupe ou un pôle anti-terroriste, et formulera, pour approbation par le Conseil permanent, des recommandations relatives aux ressources nécessaires dans le cadre du budget pour 2002. Agissant notamment par l’intermédiaire du Président en exercice, et avec l’aide du Secrétariat, le Conseil permanent suivra l’application du présent Plan d’action. Il identifiera en outre des sources d’assistance pour l’appli- cation des mesures de lutte contre le terrorisme, y compris des équipes d’experts, et définira, le cas échéant, les tâches supplémentaires dont il pourrait charger les présences de l’OSCE sur le terrain en coopération étroite et avec l’assentiment des gouvernements hôtes. (…)
V. Décisions de la réunion du Conseil ministériel de Bucarest
Décision No 5
Le Conseil ministériel,
Se déclarant une fois de plus préoccupé par les manifestations de nationalisme agressif, de racisme, de chauvinisme, de xénophobie, d’antisémitisme et d’extrémisme violent, quel que soit le lieu où elles se produisent,
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Réaffirmant sa détermination de mettre en œuvre tous les engagements de l’OSCE concernant les mesures à prendre à cet égard,
Invite les institutions de l’OSCE, et en particulier le Bureau des institutions démocratiques et des droits de l’homme, le Haut Commissaire pour les minorités nationales et le Représentant de l’OSCE pour la liberté des médias à porter une attention accrue aux manifestations de nationalisme agres- sif, de racisme, de chauvinisme, de xénophobie, d’antisémitisme et d’extrémisme violent, à lutter contre l’intolérance et la discrimination fondée sur l’origine raciale ou ethnique, ou des opinions religieuses, politiques ou autres et à encourager le respect de l’état de droit, des valeurs démo- cratiques, des droits de l’homme et des libertés fondamentales, y compris la liberté d’expression, de pensée, de conscience, de religion ou de conviction ;
Charge le Conseil permanent d’envisager de prendre d’autres mesures à cet égard.
Décision No 6
Le Conseil ministériel,
Réitérant son engagement à combattre toutes formes de traite des êtres humains, qui affectent tous les États participants,
Affirmant son engagement à développer la coopération et l’interaction entre les États participants dans les mesures de lutte contre la traite et les crimes qui s’y rattachent,
Demande aux États participants de signer et de ratifier la Convention des Nations Unies contre la criminalité transnationale organisée et en particulier le Protocole additionnel visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants ;
Note avec satisfaction que le code de conduite de l’OSCE et les directives relatives à la lutte contre la traite ont été mis au point avec succès et diffusés parmi les membres du personnel de l’OSCE ;
Réaffirme son soutien au Bureau des institutions démocratiques et des droits de l’homme, aux opérations sur le terrain et à l’Équipe spéciale du Pacte de stabilité pour leur action de lutte contre la traite des êtres humains ;
Encourage un échange d’informations en vue de renforcer les enquêtes, l’application des lois et la prévention de la criminalité ;
Invite les États participants à accélérer l’adoption des mesures nécessaires pour s’acquitter des enga- gements pris au niveau ministériel à Vienne, en ce qui concerne notamment la prévention de la traite, la protection des victimes et la traduction en justice des auteurs de la traite et de leurs complices.
Décision No 7
Le Conseil ministériel, Prenant acte des conclusions de la Conférence de Bucarest sur l’égalité des chances pour les Roms et les Sintis,
Exprimant son appui à l’action du Point de contact pour les questions concernant les Roms et les Sintis et se déclarant résolu à renforcer le Point de contact,
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Charge le Bureau des institutions démocratiques et des droits de l’homme d’élaborer un plan d’ac- tion ciblé, comme le Sommet d’Istanbul l’avait demandé, afin de permettre au Point de contact de mieux aider les États participants à s’acquitter de l’engagement qu’ils ont pris d’améliorer la situa- tion des Roms et des Sintis, et de présenter ce plan d’action au Conseil permanent ;
Encourage le Point de contact pour les questions concernant les Roms et les Sintis à poursuivre son action en coopération étroite avec les États participants, le Conseil de l’Europe et d’autres organi- sations compétentes et à en informer le Conseil permanent.
Décision No 8
Le Conseil ministériel,
Reconnaissant que l’égalité entre hommes et femmes est essentielle pour une démocratie et une stabilité durables dans la région de l’OSCE,
Convaincu que les femmes ont la possibilité de contribuer aux processus de prévention des conflits, de réconciliation et de consolidation de la paix,
Confirmant l’engagement de protéger et de promouvoir les droits des femmes et conscient de la vul- nérabilité des femmes, en particulier pendant ou après un conflit,
Résolu à combattre toutes les formes de violence contre les femmes, notamment au sein de la famille,
Notant avec satisfaction qu’au cours de l’année écoulée l’OSCE a accordé une attention accrue au problème de la violence contre les femmes, qui concerne tous les États participants de l’OSCE,
Appelle à la mise en œuvre du plan d’action sur l’égalité entre les sexes ;
Charge le Conseil permanent d’examiner comment l’OSCE peut contribuer à la prévention de la vio- lence contre les femmes.
Décision No 9
Activités relatives à la police
Le Conseil ministériel,
Réaffirmant, comme l’a constaté le Sommet d’Istanbul que de nouveaux risques et défis pour la sécurité sont apparus à l’échelle mondiale et dans l’espace de l’OSCE et que ces nouveaux défis – le terrorisme international, l’extrémisme violent, la criminalité organisée et le trafic de drogue ainsi que l’accumulation excessive et déstabilisatrice et la dissémination incontrôlée des armes de petit calibre et des armes légères – représentent des défis toujours plus grands pour la sécurité ;
Réaffirmant l’engagement pris à Istanbul de coopérer plus activement et plus étroitement pour rele- ver ces défis, et de renforcer la protection contre ces nouveaux risques et défis ;
Prenant note de l’engagement pris à Istanbul de faire face à des défis communs, et conscient que des institutions démocratiques fortes et l’état de droit sont le fondement de la protection contre ces nouveaux risques et défis ;
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Affirmant qu’une police efficace est indispensable pour le respect de l’état de droit et la défense des institutions démocratiques ;
Affirmant aussi qu’une coopération accrue bilatérale ou multilatérale entre les États participants concernant les activités relatives à la police peut contribuer à faire face à ces nouveaux risques et défis ;
Rappelant l’obligation souscrite par les États participants de l’OSCE au Sommet d’Istanbul de déve- lopper leur capacité de mener des activités relatives à la police afin de contribuer au maintien de la primauté du droit ;
Rappelant aussi les engagements énoncés dans les paragraphes 44 et 45 de la Charte de sécurité européenne de renforcer le rôle de l’OSCE concernant les activités relatives à la police civile en tant que partie intégrante des efforts de l’Organisation dans le domaine de la prévention des conflits, de la gestion des crises et du relèvement après un conflit ;
Rappelant également l’engagement pris à Istanbul d’encourager le développement de systèmes judi- ciaires indépendants qui jouent un rôle clef en offrant des voies de recours en cas de violations des droits de l’homme, de prêter conseil et assistance pour la réforme de systèmes pénitentiaires et de contribuer, conjointement avec d’autres organisations internationales, à la création d’un cadre poli- tique et juridique permettant à la police de s’acquitter de ses tâches conformément aux principes démocratiques et à l’état de droit ;
En application de la décision du Conseil ministériel du 28 novembre 2000 sur les activités rela- tives à la police, et prenant note des débats qui ont eu lieu à la réunion des experts de police, tenue à Vienne les 28 et 29 juin 2001 ;
Prenant note de la décision du Conseil ministériel en date du 4 décembre 2001 sur la lutte contre le terrorisme, et de l’engagement qui y est pris par tous les États participants de l’OSCE de renfor- cer et de développer la coopération, aux niveaux bilatéral et multilatéral, au sein de l’Organisation de même qu’avec l’Organisation des Nations Unies et d’autres organisations régionales et internatio- nales en vue de combattre le terrorisme sous toutes ses formes et manifestations, quels qu’en soient le lieu et l’auteur, conformément à leurs engagements internationaux ;
Reconnaissant aussi le rôle des services de détection et de répression dans la promotion de la déci- sion du Conseil ministériel du 28 novembre 2000 sur le renforcement des efforts de l’OSCE pour combattre la traite des êtres humains et dans l’application de la décision du Forum pour la coopé- ration en matière de sécurité du 24 novembre 2000 relative au document de l’OSCE sur les armes légères et de petit calibre ;
Constatant en outre l’augmentation du nombre de demandes d’assistance des États participants de l’OSCE concernant les activités relatives à la police et l’intensification récente des efforts faits par l’Organisation pour contrôler les activités de la police et offrir des possibilités de formation, notamment dans les services de police à composition multiethnique et/ou multireligieuse dans les situations de crise ou après un conflit ;
1. Convient que, lors de l’élaboration de plans pour des activités de l’OSCE relatives à la police visant à faire face à de nouveaux défis pour la sécurité et à développer les activités axées sur la pré- vention des conflits, la gestion des crises et le relèvement après un conflit, l’OSCE : • veillera à assurer la continuité dans le développement des institutions, ainsi que dans le transfert de fonctions assumées par l’aide internationale et le désengagement de cette dernière ;
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• étudiera et développera le rôle de la formation de la police, notamment de la formation d’une police intégrée, dans la création de services de police qui puissent jouir de la confiance de toute la population, et en tant que mesure de renforcement de la confiance ; et, • examinera les conditions dans lesquelles elle pourrait jouer un rôle en matière d’application de la loi et les options à envisager à cette fin.
2. Décide de renforcer les activités de l’OSCE relatives à la police dans le domaine de la prévention des conflits, de la gestion des crises et du relèvement après un conflit, notamment en fournissant aux États participants qui en font la demande et avec leur accord, des conseils et une assistance pour la restructuration et/ou le rétablissement des services de police, le contrôle et la formation des services de police existants, en particulier la formation aux droits de l’homme et aux libertés fondamentales et, le cas échéant, pour le renforcement des capacités, notamment en apportant un appui aux services de police intégrée ou multiethnique.
3. Décide, pour faire face aux nouveaux défis pour la sécurité, de renforcer et de promouvoir la coo- pération entre États participants, notamment comme suit : – à la demande des États participants et avec leur accord et – si les procédures en vigueur à l’OSCE l’exigent – sur décision du Conseil permanent, en organisant et en coordonnant la formation de la police, notamment au niveau sous-régional, afin : • d’améliorer les capacités opérationnelles et tactiques des services de police ; • d’accroître les qualifications de la police, notamment en ce qui concerne le respect des droits de l’homme et des libertés fondamentales, et, le cas échéant, les aspects pénaux de la migra- tion illégale ; et, • de renforcer les capacités de la police de proximité et la lutte anti-drogue, anti-corruption et anti-terrorisme ; et, – à la demande des États participants et avec leur accord : • de fournir des conseils ou d’organiser la fourniture de conseils d’experts sur les conditions requises pour avoir un service de police efficace (évaluation des besoins) et les moyens d’y satis- faire, notamment en facilitant la mise à disposition ou l’identification de fonds de l’OSCE, de ses États participants, grâce à des apports extrabudgétaires, ou d’autres organisations internatio- nales ou régionales compétentes, afin d’appliquer ces conseils ; et • d’encourager, le cas échéant, l’échange bilatéral ou multilatéral d’informations entre les États participants sur leur expérience et les méthodes de police les mieux adaptées pour relever ces nouveaux défis en matière de sécurité.
4. A l’appui des activités et initiatives susmentionnées, conformément à la Plate-forme pour la sécu- rité coopérative, l’OSCE : • organisera, selon les besoins, et de préférence une fois par an, des réunions entre experts de police des États participants de l’OSCE et représentants d’autres organisations internationales et régio- nales spécialisées ; • veillera à coordonner ses activités relatives à la police avec d’autres acteurs et organisations concernés, notamment en examinant leur compatibilité avec les efforts sous-régionaux, régionaux et internationaux et, si possible, en la renforçant, afin d’en maximiser l’efficacité et le bénéfice pour l’Organisation et l’État participant hôte, et d’éviter tout manque, chevauchement de com- pétences ou double emploi ; et, • s’emploiera à renforcer les aptitudes et les capacités de l’Organisation à élaborer, organiser et diri- ger avec efficacité la formation, la surveillance et le renforcement des capacités de la police,
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notamment en établissant des liens avec d’autres organisations et institutions nationales com- pétentes ainsi qu’avec les principales organisations d’aide humanitaire.
5. Dans le cadre des initiatives susmentionnées, les États participants s’engagent : • à renforcer mutuellement la coopération sur les questions relatives à la police afin de faire face aux nouveaux risques et défis pour leur sécurité, aux niveaux bilatéral et multilatéral et, le cas échéant, en intensifiant les contacts entre organismes compétents ; et, • à partager le savoir-faire et l’expérience de l’OSCE concernant les activités relatives à la police avec d’autres organisations internationales compétentes dont ils sont membres pour accroître l’efficacité de l’action internationale face à ces nouveaux risques et défis pour la sécurité.
6. Le Conseil permanent procédera tous les ans, sur la base d’un rapport annuel du Secrétaire général, à un examen des activités de l’OSCE relatives à la police afin, entre autres, d’étudier com- ment ces activités pourraient contribuer à relever ces défis pour la sécurité et d’arrêter des mesures appropriées de suivi, conformément aux procédures en vigueur à l’OSCE
177 Document de la Dixième Réunion du Conseil ministériel Porto 2002
I. Déclaration ministérielle de Porto
Faire face au changement
1. Nous, Ministres des affaires étrangères des États participants de l’Organisation pour la sécurité et la coopération en Europe, nous sommes réunis à Porto et avons réaffirmé notre ferme intention de coopérer pour protéger nos populations contre les menaces présentes et futures qui pèsent sur la sécurité. L’évolution de l’environnement politique, sécuritaire et économique crée de nouveaux défis pour l’OSCE. Au fur et à mesure que nous avançons dans le nouveau siècle, ces défis appa- raissent plus clairement et la contribution unique de l’OSCE à une communauté internationale où les nations et les personnes peuvent toutes se sentir en sécurité acquiert une valeur toujours plus grande. Nous devons saisir l’occasion historique qui nous est offerte de consolider une paix durable, la prospérité et la démocratie dans l’Europe tout entière qui devient toujours plus unie.
2. Nous réaffirmons notre engagement à promouvoir la sécurité et la coopération dans un espace de l’OSCE sans lignes de division, en instaurant la confiance mutuelle et en coopérant pour résoudre les questions de sécurité dans un esprit de transparence et de partenariat. Nos efforts seront com- plétés par ceux des autres organisations et des institutions internationales avec lesquelles nous coo- pérerons étroitement, sur la base de la Plate-forme pour la sécurité coopérative.
3. Dans le même temps, face à la nature changeante des menaces qui pèsent sur notre sécurité, notre Organisation doit élaborer de nouvelles réponses qui couvrent et renforcent les trois dimen- sions de notre approche globale. Notre action visant à promouvoir la paix et la stabilité doit aller de pair avec notre détermination à assurer le plein respect des droits de l’homme, des libertés fondamentales et de l’état de droit, et à renforcer les conditions essentielles à un développement durable dans tous nos pays.
4. Le terrorisme – comme le montrent les actes récents de terrorisme telle la prise d’otages à Moscou – reste une menace pour la sécurité individuelle et collective. La Charte sur la prévention et la lutte contre le terrorisme, adoptée ce jour, expose les principes de notre approche commune du terro- risme. L’an dernier, à Bucarest, à la suite des événements du 11 septembre, nous avions adopté un Plan d’action pour lutter contre le terrorisme et aujourd’hui, nous avons décidé de redoubler d’ef- forts pour le mettre en œuvre.
5. Afin que l’OSCE soit en mesure de relever efficacement les défis présents et futurs, nous avons décidé de continuer à élaborer en 2003 une stratégie visant à faire face aux menaces pour la sécu- rité et la stabilité au XXIe siècle. La Conférence annuelle d’examen des questions de sécurité, dont le principe a été acquis aujourd’hui, servira de cadre au renforcement du dialogue de sécurité et à l’examen des activités menées par l’OSCE et ses États participants en matière de sécurité. Nous
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avons également décidé d’examiner le rôle de l’OSCE dans les opérations de maintien de la paix afin d’évaluer la capacité de l’OSCE et d’identifier des possibilités pour son implication dans ce domaine.
6. Une bonne police peut apporter une contribution majeure à la sécurité et à la stabilité. Nous confirmons que l’OSCE devrait continuer à mettre au point sa capacité à aider les États partici- pants qui souhaitent renforcer leurs compétences en la matière et nous encourageons des États participants à fournir les ressources nécessaires à cet effet. (…)
8. La dimension humaine reste au cœur des activités de l’Organisation. Les nouvelles modalités des réunions sur la mise en œuvre de la dimension humaine de l’OSCE, adoptées cette année, ren- forceront encore l’efficacité des travaux de l’Organisation et de ses institutions. Nous avons décidé de revoir et de mettre à jour le plan d’activités de l’OSCE visant à lutter contre la traite des êtres humains. La promotion de la tolérance et de la non-discrimination, question sur laquelle nous avons adopté une décision distincte, a un rang de priorité élevé. Nous avons également adopté une décision sur les engagements en matière d’élections et coopérerons davantage dans ce domaine.
9. Nous reconnaissons la contribution significative que nos institutions et nos opérations sur le ter- rain apportent, par le biais de leur personnel dévoué, à la mise en pratique des objectifs et principes de notre Organisation, en coopération avec les États hôtes. Nous chargeons le Conseil permanent d’envisager, le cas échéant, les moyens d’améliorer encore le fonctionnement et l’efficacité des opé- rations sur le terrain.
II. Charte de l’OSCE sur la prévention et la lutte contre le terrorisme
Les États participants de l’OSCE, résolus à lutter en commun contre le terrorisme,
1. Condamnent avec la plus grande fermeté le terrorisme sous toutes ses formes et manifestations, quels qu’en soient le lieu ou l’auteur, et réaffirment qu’aucune circonstance ou motif ne peuvent justifier les actes de terrorisme ou l’appui au terrorisme ;
2. Rejettent fermement toute identification du terrorisme avec une nationalité ou une religion quel- conque et réaffirment que l’action contre le terrorisme ne vise aucune religion, aucune nation ni aucun peuple ;
3. Reconnaissent que le terrorisme exige une action coordonnée et globale et que les actes de terro- risme international constituent, comme l’indique la résolution 1373 (2001) du Conseil de sécurité des Nations Unies, une menace à la paix et à la sécurité internationales et régionales ;
4. Déclarent que les actes, méthodes et pratiques du terrorisme, ainsi que le fait de porter assis- tance à, de consentir à, de financer et d’organiser des actes de terrorisme ou d’inciter à de tels actes en connaissance de cause, sont contraires aux buts et principes de l’Organisation des Nations Unies et de l’OSCE ;
5. Considèrent qu’il importe au plus haut point de compléter la mise en œuvre des engagements de l’OSCE relatifs au terrorisme en réaffirmant les principes fondamentaux et intemporels qui sous- tendent et continueront de sous-tendre à l’avenir l’action de l’OSCE, et auxquels les États partici- pants souscrivent pleinement ;
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6. Réaffirment leur engagement de prendre les mesures nécessaires pour protéger les droits de l’homme et les libertés fondamentales, tout particulièrement le droit à la vie, des personnes relevant de leur juridiction à l’encontre d’actes terroristes ;
7. S’engagent à mettre en œuvre des mesures efficaces et fermes de lutte contre le terrorisme et à faire en sorte que toutes les mesures anti-terroristes et la coopération en la matière respectent la primauté du droit et soient conformes à la Charte des Nations Unies et aux dispositions perti- nentes du droit international, aux normes internationales relatives aux droits de l’homme et, le cas échéant, au droit humanitaire international ;
8. Réaffirment que chaque État a l’obligation de s’abstenir d’abriter des terroristes, d’organiser, d’encourager, d’appuyer activement ou passivement des actes de terrorisme sur le territoire d’un autre État, d’y aider, ou de les commanditer de quelque autre manière, ou de tolérer sur son terri- toire des activités organisées en vue de perpétrer de tels actes ;
9. Coopéreront pour veiller à ce que toute personne qui participe délibérément au financement, à l’organisation, à la préparation ou à la perpétration d’actes de terrorisme ou qui y apporte un appui soit traduite en justice et, à cette fin, se prêteront mutuellement la plus grande assistance pour la fourniture d’informations lors des enquêtes criminelles ou procédures d’extradition concernant des actes terroristes, conformément à leur législation nationale et à leurs obligations internationales ;
10. Prendront les mesures appropriées afin de s’assurer que le droit d’asile ne soit pas octroyé à toute personne ayant organisé ou facilité la perpétration d’actes de terrorisme ou y ayant par- ticipé, conformément aux dispositions pertinentes de leur législation nationale et du droit inter- national, et en appliquant comme il se doit les clauses d’exclusion énoncées dans la Convention de 1951 relative au statut des réfugiés et dans son protocole de 1967 ;
11. Reconnaissent que les conventions et protocoles pertinents de l’Organisation des Nations Unies, ainsi que les résolutions du Conseil de sécurité des Nations Unies, en particulier sa résolution 1373 (2001), constituent le principal cadre juridique international pour la lutte contre le terrorisme ;
12. Reconnaissent l’importance de l’action menée par le Comité contre-terrorisme créé dans le cadre du Conseil de sécurité et réaffirment l’obligation et la volonté des États participants et de l’OSCE de coopérer avec ce Comité ;
13. Rappellent le rôle de l’OSCE en tant qu’Accord régional au sens du Chapitre VIII de la Charte des Nations Unies, et les obligations qui lui incombent dans ce contexte de contribuer à la lutte mondiale contre le terrorisme ;
14. Rappellent la Décision sur la lutte contre le terrorisme et le Plan d’action pour lutter contre le terrorisme qu’ils ont adoptés à la neuvième Réunion du Conseil ministériel de l’OSCE à Buca- rest, et réaffirment les engagements qui y sont énoncés ;
15. Prennent note avec satisfaction de la Déclaration et du Programme d’action adoptés à la Confé- rence internationale sur le renforcement de la sécurité et de la stabilité en Asie centrale : renforcement des efforts d’ensemble pour lutter contre le terrorisme, tenue à Bichkek les 13 et 14 décembre 2001 ;
16. Réaffirment l’engagement auquel ils ont souscrit dans le cadre de la Charte de sécurité euro- péenne, notamment la Plate-forme pour la sécurité coopérative, adoptée au Sommet d’Istanbul, de coopérer plus activement et étroitement entre eux ainsi qu’avec d’autres organisations interna- tionales pour faire face aux menaces et aux défis à la sécurité ;
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17. Soulignent que la prévention et la lutte contre le terrorisme doivent se fonder sur un concept de sécurité commune et globale et sur une stratégie durable, et s’engagent à recourir aux trois dimensions et à tous les organes et institutions de l’OSCE pour aider les États participants, à leur demande, à prévenir et à combattre le terrorisme sous toutes ses formes ;
18. S’engagent à s’acquitter de leur obligation, conformément aux conventions et aux protocoles des Nations Unies, aux résolutions du Conseil de sécurité, ainsi qu’à d’autres engagements inter- nationaux, de veiller à ce que les actes terroristes et les activités à l’appui de tels actes, notamment le financement du terrorisme, soient érigés en crimes graves dans la législation nationale ;
19. Collaboreront afin de prévenir et de réprimer les actes terroristes, d’enquêter sur de tels actes et d’en poursuivre les auteurs, notamment en coopérant davantage et en appliquant intégralement les conventions et protocoles internationaux pertinents relatifs au terrorisme ;
20. Sont convaincus de la nécessité de s’attaquer aux conditions susceptibles de favoriser le terro- risme, notamment en respectant pleinement la démocratie et l’état de droit, en permettant à tous les citoyens de participer pleinement à la vie politique, en prévenant la discrimination et en encou- rageant le dialogue interculturel et inter-religieux dans leurs sociétés, en impliquant la société civile dans la recherche d’un règlement politique des conflits, en œuvrant en faveur des droits de l’homme et de la tolérance et en luttant contre la pauvreté ;
21. Prennent note du rôle positif que peuvent jouer les médias dans la promotion de la tolérance et de la compréhension entre religions, croyances, cultures et peuples, ainsi que pour sensibiliser davantage à la menace du terrorisme ;
22. S’engagent à combattre le discours de haine et à prendre les mesures nécessaires pour prévenir l’utilisation des médias et des technologies de l’information à des fins terroristes, en veillant à ce que ces mesures soient conformes à la législation nationale, au droit international et aux engage- ments de l’OSCE ;
23. Empêcheront les mouvements de terroristes ou de groupes terroristes en instituant des contrôles efficaces aux frontières, ainsi que des contrôles lors de la délivrance de documents d’identité et de documents de voyage ;
24. Considèrent qu’ils se doivent de compléter la coopération internationale en prenant toutes les mesures nécessaires pour prévenir et réprimer sur leur territoire, par tous les moyens licites, le soutien, le financement et la préparation de tout acte de terrorisme, et d’ériger en crime la four- niture ou la collecte délibérée de fonds à des fins terroristes, dans le cadre de leurs obligations au titre de la Convention internationale des Nations Unies sur la répression du financement du ter- rorisme et des résolutions pertinentes du Conseil de sécurité ;
25. Réaffirment leur engagement de s’acquitter de leurs obligations internationales, telles qu’elles figurent dans les résolutions 1373 (2001) et 1390 (2002) du Conseil de sécurité des Nations Unies, et notamment de geler les avoirs de ceux qui sont désignés par le Comité créé en application de la résolution 1267 (1999) du Conseil de sécurité des Nations Unies ;
26. Notent avec préoccupation les liens existant entre le terrorisme et la criminalité transnationale organisée, le blanchiment d’argent, la traite des êtres humains et le trafic de drogue et d’armes, et soulignent, à cet égard, qu’il convient d’améliorer la coordination et d’élaborer des stratégies de coopération à tous les niveaux afin de renforcer leur réaction face à ces menaces graves et à ces défis pour la sécurité et la stabilité ;
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27. Se déclarent déterminés à recourir de bonne foi à tous les instruments pertinents disponibles dans le cadre de la dimension politico-militaire de l’OSCE, telle que représentée par le Forum pour la coopération en matière de sécurité, et soulignent qu’il importe de mettre intégralement en œuvre ces instruments, notamment le Code de conduite relatif aux aspects politico-militaires de la sécu- rité et le Document de l’OSCE sur les armes légères et de petit calibre ;
28. Réaffirment que la maîtrise des armements, le désarmement et la non-prolifération demeurent des éléments indispensables de la sécurité coopérative entre États ; qu’ils peuvent également contri- buer à réduire considérablement le risque que des terroristes aient accès à des armes de destruc- tion massive et à des matières connexes ainsi qu’à leurs vecteurs ;
Se déclarent résolus à combattre le risque que présente la dissémination illicite d’armes conven- tionnelles, notamment d’armes légères et de petit calibre, ainsi que l’accès à ces armes ;
Mettront tout en œuvre pour limiter ces dangers en prenant des mesures au niveau national et en renforçant et en améliorant les instruments multilatéraux existants dans le domaine de la maîtrise des armements, du désarmement et de la non-prolifération, notamment les Principes de l’OSCE régissant la non-prolifération, et pour favoriser leur mise en œuvre efficace et, le cas échéant, leur universalisation.
III. Déclaration sur la traite des êtres humains
I.
Nous, membres du Conseil ministériel de l’OSCE, déclarons que la traite des êtres humains consti- tue une menace dangereuse pour la sécurité dans l’espace de l’OSCE et au-delà.
Nous déclarons que la traite des êtres humains et d’autres formes modernes d’esclavage constituent une atteinte à la dignité humaine et une violation flagrante des droits de l’homme.
Nous reconnaissons que la traite des êtres humains représente au sein de la criminalité transna- tionale organisée, un phénomène grave et en progression rapide, qui génère des profits considé- rables pour les réseaux criminels qui peuvent également être impliqués dans des actes criminels, tels que le trafic de drogue et d’armes ainsi que le trafic illicite de migrants.
Nous rappelons et réaffirmons notre pleine adhésion aux engagements de l’OSCE visant à lutter contre la traite des êtres humains, tels qu’ils figurent dans le Document de Moscou de 1991, dans la Charte de sécurité européenne adoptée à Istanbul en 1999, dans la Décision No 1 du Conseil minis- tériel adoptée à Vienne en 2000, dans la Décision No 426 du Conseil permanent et dans la Déci- sion No 6 adoptée à Bucarest en 2001, et nous nous déclarons résolus à renforcer la coopération en luttant contre la traite des êtres humains dans les pays d’origine, de transit et de destination.
Nous réitérons notre volonté de lutter contre la traite des êtres humains, sous toutes ses formes, et appelons les États qui ne l’ont pas encore fait, d’envisager de ratifier la Convention des Nations Unies contre la criminalité transnationale organisée et son Protocole additionnel visant à pré- venir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants, ou d’y adhérer et de tenir compte de la définition de la traite des personnes donnée dans ledit Protocole.
Nous déclarons que la ratification et la mise en œuvre intégrale de ces deux instruments permet- traient de renforcer le cadre juridique international et national ainsi que les mesures prises pour
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lutter contre la traite des êtres humains. Nous encourageons vivement les États à envisager dans le même temps la ratification et la mise en œuvre intégrale du Protocole contre le trafic illicite de migrants par terre, air et mer qui complète la Convention susmentionnée.
Nous réaffirmons notre appui aux équipes du BIDDH sur la traite des êtres humains et la parité entre les sexes et préconisons une participation accrue du Point de contact du BIDDH pour les questions concernant les Roms et les Sintis. Nous réaffirmons également notre appui aux opéra- tions de l’OSCE sur le terrain et au Secrétariat de l’OSCE, en particulier au Conseiller pour la parité entre les sexes. Nous les félicitons de leur approche globale et de leur contribution aux efforts natio- naux visant à prévenir, réprimer et punir la traite des personnes et aussi à venir en aide aux vic- times et à les protéger.
Nous appuyons aussi les activités de l’Équipe spéciale du Pacte de stabilité sur la traite des êtres humains sous les auspices de l’OSCE. Nous nous félicitons du rôle qu’elle joue en tant qu’élément moteur favorisant la promotion de la coopération régionale et l’élaboration d’initiatives pertinentes.
II.
Nous reconnaissons la nécessité de nous attaquer aux causes profondes de la traite et de réduire les inégalités et lacunes sur le plan économique et social qui sont également à l’origine de la migra- tion clandestine et qui peuvent être exploitées par des réseaux criminels organisés à leur profit. Nous reconnaissons aussi qu’il importe de lutter contre la corruption qui facilite le fonctionne- ment de tels réseaux. Nous recommandons que soit renforcé le rôle du Bureau du Coordonnateur des activités économiques et environnementales de l’OSCE pour ce qui est de l’examen de tous les aspects économiques de la traite des êtres humains.
Nous reconnaissons que, dans les pays de destination, la demande dont font l’objet les personnes victimes de la traite à des fins d’exploitation sexuelle, de travail forcé, d’esclavage ou d’autres pra- tiques similaires à l’esclavage fait partie intégrante de la traite des êtres humains. Nous deman- dons instamment aux pays de destination de prendre des mesures afin de s’attaquer efficacement à cette demande en tant qu’un des éléments clefs de leur stratégie visant à prévenir et à combattre efficacement la traite des êtres humains, ainsi qu’à exercer une politique de « tolérance zéro » face à l’exploitation sexuelle, l’esclavage et l’exploitation du travail forcé sous toutes ses formes, quelle qu’en soit sa nature.
Nous sommes vivement préoccupés par les rapports qui font état de la participation de membres de missions d’organisations internationales à des activités liées à la traite des êtres humains, en par- ticulier dans les pays émergeant d’une période de conflit. Nous réitérons l’importance de la Décision No 426 du Conseil permanent du 12 juillet 2001 sur la traite des êtres humains et encourageons l’adoption et la mise en œuvre de mesures pertinentes, telles que le Code de conduite de l’OSCE à l’intention des membres des missions. Nous ne tolérerons pas que des membres du personnel recrutés sur le plan international participent à des activités illégales, en favorisant ce commerce cri- minel ou en adoptant une attitude contraire à ce Code de conduite. Nous nous engageons à prendre toutes les mesures possibles pour assurer que les membres du personnel recrutés sur le plan inter- national rendent compte à leurs autorités nationales et, le cas échéant, locales de telles activités.
Nous nous déclarons préoccupés par l’ampleur accrue du phénomène de la traite des mineurs et, reconnaissant les besoins spécifiques des enfants, nous appuyons le développement des recherches et des échanges d’informations sur la traite des enfants et, eu égard à l’intérêt supérieur de l’en- fant qui doit toujours être le facteur principal à prendre en considération dans toutes les actions les concernant, nous demandons que soient élaborées des mesures spéciales pour veiller à ce que
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les mineurs victimes de la traite ne soient pas exploités davantage, en ayant à l’esprit leur bien- être psychologique et physique.
Nous nous efforcerons de mettre au point des mesures adéquates de prévention de la traite des êtres humains dans nos pays, sous la forme notamment de campagnes de sensibilisation ciblées et d’édu- cation dans les pays d’origine et de transit, à l’intention notamment de la jeunesse et d’autres groupes vulnérables, et nous nous attacherons à mettre au point des campagnes appropriées dans les pays de destination, à organiser des programmes de formation à l’intention des agents et d’autres per- sonnels des forces de l’ordre, du contrôle des frontières, de la justice pénale et des services sociaux, et pour recommander leur coopération sans réserve avec les ONG dans ce domaine.
Nous nous emploierons à prêter assistance et accorder protection aux victimes de la traite, notam- ment aux femmes et aux enfants, et à cette fin, le cas échéant, à établir des mécanismes nationaux d’orientation efficaces et ouverts à tous, pour veiller à ce que les victimes de la traite ne soient pas passibles de poursuites du seul fait d’avoir été l’objet de la traite. La dignité et les droits des vic- times sont à respecter en tous temps. Nous envisagerons de prendre des mesures appropriées, par exemple en fournissant un hébergement, et d’élaborer des processus appropriés pour le rapa- triement des victimes de la traite, en prenant en considération leur sécurité, notamment en leur délivrant les documents voulus, en élaborant des politiques concernant l’octroi d’avantages éco- nomiques et sociaux aux victimes, ainsi que leur réadaptation et leur réinsertion dans la société.
Nous reconnaissons qu’une intensification de la coopération entre les acteurs pertinents dans les pays d’origine, de transit et de destination est primordiale pour les programmes de retour destinés aux victimes de la traite et facilite leur réinsertion. Nous encourageons donc toutes les organisa- tions qui fournissent une assistance aux victimes, notamment les ONG, à continuer à développer une telle coopération.
Nous envisagerons d’adopter des mesures législatives ou autres qui permettent aux victimes de la traite de rester sur leur territoire, à titre temporaire ou, dans les cas appropriés, à titre per- manent, et de tenir dûment compte des facteurs humanitaires et humains.
Nous engageons tous les États participants à renforcer la coopération internationale pour lutter contre la criminalité transnationale organisée, notamment les actes criminels, tels que le trafic de drogue et d’armes, ainsi que le trafic illicite de migrants. Cette coopération devrait englober des organismes internationaux de police, tels qu’Europol et Interpol, ainsi que l’Initiative de coopéra- tion en Europe du Sud-Est, afin d’enquêter sur les auteurs de la traite des êtres humains et de les traduire en justice conformément à la législation nationale et, le cas échéant, aux obligations inter- nationales. A cet égard, nous demandons que le Conseiller principal pour les questions de police accorde une attention accrue à la lutte contre la traite des êtres humains.
Nous réitérons la nécessité d’élaborer des stratégies nationales pour unifier notre action visant à lutter contre la traite des êtres humains et de renforcer la coordination entre les organisations nationales, internationales et régionales dans ce domaine. Des mesures telles que la désignation d’organes interministériels et de coordonnateurs nationaux ou, le cas échéant, d’autres organes ou mécanismes pertinents pourraient répondre à ce besoin.
III.
Nous sommes disposés à intensifier une coopération, fondée sur une approche multidimension- nelle, entre les structures et les institutions pertinentes de l’OSCE, ainsi qu’entre l’OSCE et d’autres organisations et acteurs internationaux concernés, notamment l’Organisation des Nations Unies
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et ses institutions spécialisées, le Conseil de l’Europe, l’Union européenne et l’Organisation inter- nationale pour les migrations, et nous chargeons le Conseil permanent d’examiner les moyens d’as- surer une meilleure coopération en vue de combattre la traite des êtres humains.
Nous chargeons le Conseil permanent, par l’intermédiaire de son Groupe de travail informel sur la parité entre les sexes et la lutte contre la traite des êtres humains, de revoir le plan d’action 2000 de l’OSCE pour la lutte contre la traite des êtres humains et d’élaborer un nouveau projet en vue d’autres actions appropriées d’ici le 25 juillet 2003.
Nous chargeons la Présidence en exercice et le Conseil permanent de recourir aux organes et ins- tances de l’OSCE pour échanger des informations, revoir les engagements et mettre en commun les meilleures pratiques concernant la lutte contre la traite des êtres humains, ainsi que de promou- voir une participation régulière à la fois d’experts représentant les institutions et organes natio- naux pertinents et de représentants des organisations internationales partenaires et des ONG. (…)
V. Décisions de la Réunion du Conseil ministériel de Porto
Décision No 1
Mise en œuvre des engagements et activités de l’OSCE liés à la lutte contre le terrorisme
Le Conseil ministériel,
Prend note du rapport détaillé du Secrétaire général sur les mesures prises par les organes et ins- titutions de l’OSCE pour lutter contre le terrorisme, notamment la mise en œuvre du Plan d’ac- tion de Bucarest en la matière et du Programme d’action de Bichkek ;
Décide que tous les États participants, organes et institutions de l’OSCE continueront, à titre prio- ritaire, à mettre en œuvre leurs engagements de Bucarest et à veiller à leur efficacité ;
Réaffirme l’engagement de tous les États participants de devenir, dès que possible, parties aux 12 conventions et protocoles des Nations Unies relatifs au terrorisme et accueille avec satisfaction les mesures prises par les États participants qui ont déjà achevé ces procédures ;
S’engage à mettre tout en œuvre pour conclure les négociations en cours dans le cadre des Nations Unies sur de nouveaux instruments universels dans ce domaine et confirme qu’il est prêt à exami- ner, en coopération avec le Comité contre-terrorisme créé par le Conseil de sécurité des Nations Unies, les demandes d’assistance technique et de renforcement des capacités en vue de progresser dans la ratification et la mise en œuvre des instruments des Nations Unies et d’autres instruments pertinents relatifs au terrorisme ;
Conscient du danger que représentent les armes de destruction massive en possession des terro- ristes, demande instamment à tous les États de participer aux négociations en cours dans le cadre des Nations Unies sur une convention internationale pour la répression des actes de terrorisme nucléaire et à l’Agence internationale de l’énergie atomique sur un protocole à la Convention des Nations Unies sur la protection physique des matières nucléaires ;
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Se félicite des activités menées par le Forum pour la coopération en matière de sécurité, dont son Président a fait rapport, conformément à sa « Feuille de route » et prie instamment le Forum de demeurer saisi de la question de la lutte contre le terrorisme dans les limites de son mandat et de ses compétences ;
Encourage le Coordonnateur des activités économiques et environnementales de l’OSCE à continuer d’exécuter des programmes en coopération et en concertation avec l’Office des Nations Unies pour le contrôle des drogues et la prévention du crime afin d’appuyer les efforts déployés par les États participants pour renforcer leur capacité à prévenir et à réprimer le financement du terrorisme ;
E félicite de la décision adoptée en juillet 2002 (PC.DEC/487) selon laquelle tous les États parti- cipants rempliront le questionnaire du Groupe d’action financière (GAFI) sur l’auto-évaluation du respect des huit recommandations spéciales sur le financement du terrorisme, note avec appro- bation que l’OSCE a obtenu à ce jour un taux de réponse de 88 pour cent, et s’engage à prendre des mesures en vue d’appliquer rapidement les huit recommandations spéciales du Groupe d’action financière sur le financement du terrorisme ;
Rappelle la recommandation dans laquelle le Représentant personnel du Président en exercice pour la prévention et la lutte contre le terrorisme invite l’OSCE à mener des activités relatives notamment à la police, à la sécurité des frontières, à la lutte contre la traite des êtres humains et à la répression du financement du terrorisme, Demande aux donateurs intéressés d’envisager de fournir les res- sources nécessaires à la mise en œuvre des projets de l’OSCE en matière de lutte contre le terrorisme ;
Décide que les États participants, organes et institutions de l’OSCE renforceront leurs efforts et leur engagement collectif visant à combattre le terrorisme et les conditions susceptibles de le favoriser en exploitant les atouts et les avantages comparatifs de l’Organisation : son approche glo- bale de la sécurité, l’expérience acquise dans le domaine de l’alerte précoce, de la prévention des conflits, de la gestion des crises et du relèvement après un conflit, son vaste répertoire de mesures de confiance et de sécurité éprouvées et son savoir-faire en matière de renforcement des capacités.
Décision No 2
Élaboration d’une stratégie de l’OSCE visant faire face aux menaces pour la sécurité et la stabilité au XXIe siècle
Le Conseil ministériel,
S’inspirant de la Déclaration ministérielle de Bucarest (2001) et, notamment, de son paragraphe 8 sur l’élaboration d’une stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la sta- bilité au XXIe siècle,
Rappelant les documents et les décisions de l’OSCE, notamment la Charte de sécurité européenne adoptée au Sommet d’Istanbul, qui identifient les risques et défis pour la sécurité, et réaffirmant l’engagement des États participants de coopérer dans un esprit de solidarité pour y faire face en se fondant sur la Charte des Nations Unies, les normes et principes du droit international et les enga- gements souscrits au sein de l’OSCE,
Conscient de la nécessité de promouvoir le concept de sécurité commune, globale et indivisible, fondé sur l’égalité souveraine et la solidarité des États,
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Réitérant l’importance du rôle de l’OSCE dans la mise en place de mécanismes efficaces de coo- pération en vue de faire face aux menaces pour la sécurité et la stabilité dans l’espace euro-atlan- tique et dans l’élargissement à cette fin du dialogue au sein de l’OSCE ainsi que de la coopération et du partenariat avec d’autres organisations et institutions internationales, régionales et sous-ré- gionales sur la base de la Plate-forme pour la sécurité coopérative,
Résolu à renforcer l’efficacité des activités concernant la sécurité dans les trois dimensions de l’OSCE en fonction des processus en cours d’élaboration à l’échelle européenne et mondiale,
Tenant compte des discussions engagées par la Présidence portugaise sur l’élaboration d’une future stratégie de l’OSCE et sur les contributions des États participants,
A décidé : • De charger le Conseil permanent de poursuivre ses travaux visant à élaborer, au cours de l’an- née 2003, une stratégie globale de l’OSCE pour faire face aux menaces pour la sécurité et la sta- bilité au XXIe siècle et de demander au Forum pour la coopération en matière de sécurité d’y contribuer, dans les limites de ses compétences et de son mandat.
Cette stratégie a, entre autres, pour buts : • D’identifier les menaces pour notre sécurité et notre stabilité communes et d’analyser leur nature changeante et leurs principales causes ; • D’examiner le rôle des organes, institutions et opérations de l’OSCE sur le terrain et leur approche coordonnée en vue de contrer les menaces pour la sécurité et la stabilité ; • De définir les moyens pour l’OSCE de prévenir ou de contrer les menaces pour la sécurité et la sta- bilité et de contribuer aux efforts internationaux pertinents. Cette stratégie devrait notamment : • Adapter ou compléter, le cas échéant, les instruments et mécanismes de coopération existants au sein de l’OSCE ; • Instaurer une coopération accrue avec d’autres organisations et institutions dans ce domaine ; • Améliorer la réponse de l’OSCE face aux besoins des États participants en matière de renforce- ment des capacités afin de contrer les menaces pour la sécurité et la stabilité, en tenant compte des intérêts de tous les États participants.
Dans ce contexte, les États participants recourront à la Conférence annuelle d’examen des ques- tions de sécurité de l’OSCE, notamment pour examiner la mise en œuvre de cette stratégie.
Le Conseil ministériel décide également : • Que les travaux sur la Stratégie seront effectués dans le cadre d’un groupe de travail spécial du Conseil permanent en étroite collaboration avec le Forum pour la coopération en matière de sécurité et conformément à la Décision No 3 du Conseil ministériel de Bucarest sur le ren- forcement du rôle de l’OSCE en tant qu’enceinte de dialogue politique. L’état d’avancement des travaux sera examiné, le cas échéant, lors des réunions spéciales du Conseil permanent et du Forum pour la coopération en matière de sécurité, notamment lors de leurs réunions communes.
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Décision No 3
Conférence annuelle d’examen de sécurité
Le Conseil ministériel,
Réaffirmant le concept de sécurité commune, globale et indivisible propre à l’OSCE, Reconnais- sant la nécessité de renforcer l’efficacité des activités concernant la sécurité dans les trois dimen- sions de l’OSCE,
Réaffirmant le rôle de l’OSCE en tant qu’organisation de premier recours pour le règlement pacifique des différends dans sa région et en tant qu’instrument essentiel pour l’alerte précoce, la prévention des conflits, la prévention des crises et le relèvement après un conflit, ainsi que sa nature d’instance de consultation, de prise de décisions et de coopération, ouverte à tous et globale, dans sa région,
Prenant en considération le Plan d’action de Bucarest pour lutter contre le terrorisme et le Pro- gramme d’action de Bichkek, la Charte de l’OSCE visant à prévenir le terrorisme et à lutter contre ce phénomène, ainsi que la Charte de sécurité européenne adoptée au Sommet d’Istanbul et les travaux en cours visant à élaborer une stratégie de l’OSCE pour faire face aux menaces à la sécu- rité et à la stabilité au XXIe siècle,
Soulignant l’importance accrue de la coopération internationale et du dialogue politique entre États participants et avec d’autres organisations internationales, régionales et sous-régionales face aux menaces qui pèsent sur notre sécurité commune,
Ayant à l’esprit les dangers que constituent les conflits dans diverses régions de l’espace de l’OSCE pour tous les États participants,
Rappelant la Décision No 3 du Conseil ministériel de Bucarest sur la promotion du rôle de l’OSCE en tant qu’enceinte de dialogue politique,
Reconnaissant le rôle du Forum pour la coopération en matière de sécurité en tant qu’organe de l’OSCE chargé, notamment, des négociations sur les questions relatives à la maîtrise des arme- ments, au désarmement et aux mesures de confiance et de sécurité ainsi que de l’évaluation et de l’application des mesures agréées,
Considérant le rôle du Forum économique annuel et de ses séminaires préparatoires et de suivi pour l’examen des activités de l’OSCE relevant de la dimension économique et environnemen- tale de la sécurité,
Tenant compte du rôle des réunions sur la mise en œuvre des engagements concernant la dimen- sion humaine, des conférences d’examen, des réunions supplémentaires sur la dimension humaine et du séminaire annuel sur la dimension humaine pour examiner l’exécution des engagements au titre de la dimension humaine de la sécurité,
Soulignant la nécessité de parvenir à un juste équilibre entre les trois dimensions de l’OSCE,
Résolu à compléter et non à répéter ou à remplacer les activités d’autres organes et institutions de l’OSCE, notamment la Réunion annuelle d’évaluation de l’application, Décide d’établir une conférence annuelle d’examen des questions de sécurité ayant l’objectif et les modalités ci-après :
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I. Objectifs
Fournir un cadre au renforcement du dialogue de sécurité et à l’examen des activités entreprises par l’OSCE et ses États participants en matière de sécurité, notamment : • Élaboration d’une stratégie de l’OSCE pour faire face aux menaces à la sécurité et à la stabilité au XXIe siècle ; • Mise en œuvre des engagements de l’OSCE dans la lutte contre le terrorisme ; • Aspects politico-militaires de la sécurité ; • Mise en œuvre des décisions et des activités de l’OSCE dans le domaine de l’alerte précoce, de la prévention des conflits, de la gestion des crises et du relèvement après conflit ; • Activités sécuritaires dans les institutions de l’OSCE et les opérations sur le terrain ; • Activités de l’OSCE relatives à la police ; • Autres questions de sécurité, notamment les questions régionales traitées par l’OSCE.
La Conférence peut aussi donner l’occasion d’échanger des vues sur les questions relatives à la maî- trise des armements et aux mesures de confiance et de sécurité, notamment aux traités FCE et sur le régime « Ciel ouvert ».
De plus, la Conférence devrait également promouvoir l’échange d’informations et la coopération avec les organisations et institutions internationales pertinentes.
II. Modalités
La Conférence d’examen des questions de sécurité se réunira chaque année à Vienne à moins qu’il n’en soit décidé autrement. Elle durera 2 à 3 jours et se tiendra avant l’intersession d’été. Il est sou- haitable que les délégations des États participants soient composées de représentants de haut niveau en provenance des capitales.
La Conférence sera présidée par un représentant de la Présidence en exercice, avec la participation du Forum pour la coopération en matière de sécurité, le cas échéant.
La date, l’ordre du jour et les modalités organisationnelles de la Conférence seront arrêtés chaque année par le Conseil permanent, compte tenu des recommandations du Forum pour la coopéra- tion en matière de sécurité.
La Conférence peut formuler des recommandations à l’intention du Conseil permanent et, le cas échéant, au Forum pour la coopération en matière de sécurité, pour examen ultérieur.
Le Forum pour la coopération en matière de sécurité apportera sa contribution à la présente Confé- rence dans les limites de ses procédures, de son mandat et de ses compétences.
Les représentants des organes et institutions de l’OSCE seront invités par le Conseil permanent à faire rapport à la Conférence sur leurs activités en matière de sécurité et sur les domaines dans lesquels il convient de prendre d’autres mesures. Les organisations et institutions internationales et régionales pertinentes seront invitées à participer selon les modalités définies par le Conseil permanent.
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Les dispositions de procédure en vigueur à l’OSCE s’appliqueront à la Conférence annuelle d’exa- men des questions de sécurité.
Décision No 6
Tolérance et non-discrimination
Le Conseil ministériel,
Rappelant les principes des droits de l’homme et de la dignité inhérente à tout être humain ainsi que la liberté de pensée, de conscience, de religion ou de conviction qui sous-tendent les disposi- tions générales des engagements de l’OSCE au titre de la dimension humaine,
Rappelant la Charte de sécurité européenne du Sommet d’Istanbul 1999 qui réaffirme le plein atta- chement à la Charte des Nations Unies, à l’Acte final de Helsinki, à la Charte de Paris et à tous les autres documents de l’OSCE,
Rappelant la Décision No 5 prise à sa neuvième Réunion à Bucarest dans laquelle le Conseil ministériel s’est déclaré une fois de plus préoccupé par les manifestations de nationalisme agres- sif, de racisme, de chauvinisme, de xénophobie, d’antisémitisme et d’extrémisme violent, quel que soit le lieu où elles se produisent,
Réaffirmant que la démocratie et la protection des droits de l’homme et des libertés fondamen- tales sont les garants essentiels de la tolérance et de la non-discrimination et qu’ils constituent des facteurs importants de stabilité, de sécurité, de coopération et de développement pacifique dans toute la région de l’OSCE, et que réciproquement, la tolérance et la non-discrimination sont des éléments importants pour la promotion des droits de l’homme,
Réaffirmant l’interdiction, reconnue sur le plan international, de la discrimination, sans excep- tion aucune, fondée sur la race, la couleur, le sexe, la langue, la religion et la croyance, les opi- nions politiques ou autres, l’origine nationale ou sociale, l’état de fortune, la naissance ou sur toute autre situation,
Rappelant l’action ininterrompue des structures et des institutions de l’OSCE dans le domaine de la promotion des droits de l’homme, de la tolérance, de la non-discrimination et du multicultu- ralisme, en particulier par les réunions, activités, projets et programmes sur la dimension humaine, notamment ceux des États participants,
Soulignant le rôle positif du dialogue multiculturel et interreligieux pour une meilleure compré- hension entre les nations et les peuples,
Notant que la promotion de la tolérance et de la non-discrimination peut également contribuer à éliminer le fondement des discours de haine, nationalisme agressif, racisme, chauvinisme, xéno- phobie, antisémitisme et extrémisme violent,
Reconnaissant la responsabilité des États participants dans la promotion de la tolérance et de la non-discrimination,
1.(a) Condamne dans les termes les plus vigoureux toute manifestation de nationalisme agressif, de racisme, de chauvinisme, de xénophobie, d’antisémitisme et d’extrémisme violent ainsi que tout discours de haine et phénomène de discrimination fondé sur la religion ou la croyance ;
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(b) S’engage à promouvoir plus avant un dialogue multiculturel, interethnique et interreligieux auquel les gouvernements et la société civile seront encouragés à participer activement ; (c) S’engage aussi à promouvoir plus avant les droits des personnes appartenant à des minorités nationales ;
2. Décide d’intensifier les efforts visant à maintenir et à renforcer la tolérance et la non-discrimi- nation, avec l’assistance des institutions de l’OSCE et en coopération avec les organisations inter- nationales pertinentes et la société civile, au moyen notamment d’échanges d’informations et de meilleures pratiques ;
3. Prie les États participants qui ne l’ont pas encore fait d’envisager de ratifier les instruments inter- nationaux qui traitent du problème de la discrimination et les invite à respecter pleinement les obligations qui y sont énoncées ;
4. S’engage à prendre des mesures appropriées, conformément aux systèmes constitutionnel respec- tifs, au niveau national, régional et local afin de promouvoir la tolérance et la non-discrimination ainsi qu’à lutter contre les préjugés et affirmations mensongères, en particulier dans le domaine de l’éducation, de la culture et de l’information ;
5. Condamne, en particulier, la discrimination fondée sur des motifs religieux et s’engage à préve- nir toute attaque dirigée contre des groupes religieux, et à les protéger, qu’il s’agisse de personnes ou de lieux de culte ou d’objets religieux ;
6. Condamne en particulier l’augmentation récente d’incidents antisémites dans la région de l’OSCE, en reconnaissant le rôle qu’a joué l’antisémitisme dans l’histoire en tant que danger majeur pour la liberté ;
7. Condamne également la recrudescence d’actes de discrimination et de violence à l’encontre des Musulmans dans la région de l’OSCE et rejette fermement l’identification du terrorisme et de l’ex- trémisme avec une religion ou une culture particulière ;
8. Décide de s’engager publiquement avec fermeté contre le discours de haine et les autres manifesta- tions de nationalisme agressif, de racisme, de chauvinisme, de xénophobie, d’antisémitisme et d’ex- trémisme violent, ainsi que les phénomènes de discrimination fondés sur la religion ou la croyance ;
9. Prie les autorités compétentes des États participants de mener une enquête prompte et impar- tiale sur les actes de violence, notamment lorsqu’il existe des motifs raisonnables de croire qu’ils ont été fondés sur des nationalisme agressif, racisme, chauvinisme, xénophobie, antisémitisme et extrémisme violent, ainsi que sur les attaques fondées sur la haine contre une religion ou une croyance particulière, et d’en punir leurs auteurs conformément au droit interne et en accord avec les normes internationales pertinentes en matière de droits de l’homme ;
10. Charge le Conseil permanent d’envisager de renforcer le Point de contact pour les questions concernant les Roms et les Sintis au sein du Bureau des institutions démocratiques et des droits de l’homme (BIDDH) ;
11. Demande instamment que soient organisées des réunions distinctes au titre de la dimension humaine sur les questions abordées dans la présente décision, notamment sur les questions de l’an- tisémitisme, de la discrimination, du racisme et de la xénophobie ;
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12. Charge la Présidence en exercice et le Conseil permanent, en étroite coopération avec le BIDDH, le Haut Commissaire pour les minorités nationales et le Représentant pour la liberté des médias, d’as- surer un suivi efficace de la présente décision, en recourant davantage aux instruments dont l’OSCE dispose déjà, notamment aux réunions et séminaires annuels au titre de la dimension humaine.
Décision N° 7
Engagements en matière d’élections
Le Conseil ministériel,
Rappelant les dispositions du Document de 1990 de la Réunion de Copenhague de la Conférence sur la dimension humaine de la CSCE,
Notant que des engagements supplémentaires, consignés dans la Déclaration du Sommet de Lis- bonne 1996, la Déclaration du Sommet d’Istanbul 1999 et la Déclaration ministérielle de Bucarest 2001 ont complété ces dispositions,
Réaffirmant la ferme intention d’exécuter ces engagements,
Reconnaissant que des élections démocratiques peuvent avoir lieu sous divers systèmes électoraux,
Conscient de l’expérience du BIDDH en matière d’aide aux États participants dans l’exécution de leurs engagements ayant trait aux élections,
Tenant compte de la Décision du Conseil permanent No 509 sur les normes et engagements inter- nationaux : guide pratique des meilleures méthodes pour des élections démocratiques,
Invite les États participants à tenir davantage compte des recommandations faites par le BIDDH à l’issue de l’observation des élections ;
Charge le Conseil permanent d’envisager la nécessité d’élaborer des engagements supplémentaires en matière d’élections, dans l’esprit d’une coopération accrue avec d’autres organisations interna- tionales, ainsi qu’entre les États participants, et de faire rapport à la prochaine réunion du Conseil ministériel.
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I. Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle
1. L’environnement de sécurité en constante évolution en ce début du XXIe siècle crée de nouveaux défis pour tous, y compris pour l’OSCE. L’OSCE relèvera en s’appuyant sur des atouts considé- rables, à savoir le nombre important de ses membres, de l’Amérique du Nord jusqu’à l’Europe et à certaines parties d’Asie, et son concept multidimensionnel de sécurité commune, globale, coo- pérative et indivisible. L’Organisation reste attachée à un espace de l’OSCE libre, démocratique et mieux intégré sans lignes de division.
2. Le respect du droit international et l’observation des principes de la Charte des Nations Unies restent au cœur de nos efforts visant à prévenir et à combattre les menaces pour la stabilité et la sécu- rité. Le Conseil de sécurité des Nations Unies est responsable au premier chef du maintien de la paix et de la sécurité internationales et il continue à jouer un rôle vital en contribuant à la sécurité et à la stabilité dans la région de l’OSCE. Le respect des normes, principes et engagements de l’OSCE, depuis l’Acte final d’Helsinki, fait partie intégrante de ce cadre. La présente Stratégie vise à contri- buer à un système international plus cohérent et plus efficace pour réagir aux défis et aux menaces planétaires.
Menaces pour la sécurité et la stabilité au XXIe siècle
3. L’OSCE a contribué pour une très large part à ouvrir la voie à la sécurité et à la stabilité dans sa région tout entière vers la fin du XXe siècle, et y a concouru à une importante transformation démocratique. La coopération a désormais remplacé la confrontation. Les menaces pour la sécu- rité et la stabilité dans la région de l’OSCE sont aujourd’hui davantage susceptibles de décou- ler de conséquences négatives et déstabilisatrices de développements qui concernent à la fois les dimensions politico-militaire, économico-environnementale et humaine, plutôt que d’un conflit armé de grande ampleur. Cependant, des conflits non résolus, qui demeurent un sujet de vive pré- occupation, existent toujours dans l’espace de l’OSCE. La recherche de solutions négociées à ces conflits doit rester une priorité.
4. Le respect des droits de l’homme et des libertés fondamentales, de la démocratie et de la primauté du droit est la pierre angulaire du concept de sécurité globale de l’OSCE. Des institutions démo- cratiques fortes et la primauté du droit jouent un rôle important dans la prévention de l’apparition de menaces. Une administration publique déficiente et l’incapacité des États à mettre en place des institutions démocratiques appropriées et opérationnelles qui soient en mesure de promouvoir la sta- bilité peuvent, en soi, constituer un terrain favorable pour toute une série de menaces. De même, les violations systématiques des droits de l’homme et des libertés fondamentales, notamment des
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droits des personnes appartenant à des minorités nationales, peuvent engendrer une vaste gamme de menaces potentielles.
5. Les facteurs socio-économiques et environnementaux peuvent également avoir des répercus- sions sur la sécurité et la stabilité. La mondialisation, la libéralisation et l’évolution technologique offrent, certes, de nouvelles possibilités en termes d’échanges, de croissance et de développement, mais tous les États participants n’en ont pas bénéficié dans une même mesure, ce qui a, dans cer- tains cas, contribué à augmenter encore les disparités économiques à l’intérieur même des États ainsi qu’entre eux. L’issue de la mondialisation dépend des choix politiques des gouvernements et des institutions internationales, ainsi que des réponses du secteur privé et de la société civile. La dégradation de l’environnement est également une source croissante de préoccupations. Les facteurs démographiques et la dégradation généralisée de la santé sont d’autres défis potentiels pour la sécurité.
6. Le manque d’ouverture et de transparence dans les questions politico-militaires peut avoir des conséquences négatives graves. La non-observation en temps voulu et dans leur intégralité des accords et des instruments existants de maîtrise des armements, de non-prolifération et de renfor- cement de la confiance et de la sécurité peut sensiblement affecter la sécurité commune.
7. Les actions de terroristes et d’autres groupes criminels peuvent également constituer une menace. Les attentats terroristes perpétrés ces dernières années ont pleinement confirmé que ces menaces représentent un danger croissant et qu’il convient d’accorder la priorité à la prévention de ces menaces et à la lutte contre ces dernières. De plus, elles ne proviennent souvent pas d’un seul État mais sont de nature transnationale. Elles influent sur la sécurité de tous les États dans l’espace de l’OSCE et sur la stabilité de nos sociétés. En même temps, la région de l’OSCE est de plus en plus exposée à des menaces émanant de l’extérieur de celle-ci, et les développements à l’intérieur de notre propre région peuvent, de la même manière, avoir des conséquences pour les zones adjacentes.
8. Dans ce contexte, il est clair que l’approche globale de la sécurité propre à l’OSCE, qui englobe les dimensions politico-militaire, économico-environnementale et humaine, reste entièrement valable et qu’il conviendrait de la conserver et de la renforcer encore davantage. Notre analyse des caractéristiques des menaces a mis en exergue dans ce cadre un ensemble de questions auxquelles nous devons accorder une attention particulière dans nos efforts visant à renforcer notre réponse.
9. La catégorie la plus large des menaces auxquelles sont confrontés les États participants et leurs citoyens reste celle des menaces résultant des conflits interétatiques et intra-étatiques. Où qu’ils se produisent, de tels conflits peuvent également constituer un risque pour les régions voisines et engendrer l’instabilité et d’autres types de menaces, comme le terrorisme, la prolifération d’armes de destruction massive, l’accumulation excessive et déstabilisatrice et la dissémination incontrô- lée d’armes légères et de petit calibre (ALPC), les violations des droits de l’homme, les expulsions massives, la détérioration de la situation socio-économique et les migrations illégales. Le non-res- pect du droit international et des normes et principes de l’OSCE, ainsi que divers facteurs au sein des dimensions politico-militaire, économico-environnementale et humaine, sont à la base des causes immédiates des conflits violents.
10. Le terrorisme est l’une des causes les plus importantes d’instabilité dans l’environnement actuel de sécurité. Le terrorisme cherche à saper les valeurs mêmes qui unissent les États participants dans l’espace de l’OSCE. Il restera l’un des principaux défis à la paix et à la stabilité, ainsi qu’au pouvoir des États, notamment du fait de sa capacité à utiliser des méthodes asymétriques pour contourner les systèmes traditionnels de sécurité et de défense. Il n’existe aucune justification quelle
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qu’elle soit pour le terrorisme. Cela étant, le terrorisme exige une approche globale pour s’attaquer à ses manifestations, ainsi qu’au contexte social, économique et politique dans lequel il se produit.
11. La mondialisation et les progrès techniques ont accru l’ampleur et l’importance de la menace que constitue le crime organisé. En outre, criminalité organisée et terrorisme vont souvent de pair, tant pour ce qui est des acteurs que des méthodes. Le trafic de migrants et la traite des êtres humains, le trafic illicite de stupéfiants, d’armes légères et de petit calibre ainsi que de matières et de techno- logies sensibles sont d’autres activités criminelles qui peuvent constituer une menace pour la sta- bilité et la sécurité, tant à l’intérieur qu’à l’extérieur de l’espace de l’OSCE. Les frontières ouvertes et la libre circulation des personnes et des biens sont bénéfiques pour la coopération internationale, mais soulèvent également de plus en plus de problèmes, notamment celui des migrations illégales.
12. Les pratiques motivées par la discrimination et l’intolérance menacent la sécurité des personnes et peuvent entraîner des conflits et des violences à plus grande échelle. Ces pratiques peuvent avoir pour origine des tensions ethniques et religieuses, le nationalisme agressif, le chauvinisme et la xéno- phobie, et peuvent également résulter du racisme, de l’antisémitisme et de l’extrémisme violent, ainsi que du manque de respect pour les droits des personnes appartenant aux minorités nationales.
13. La mobilité des populations émigrées et l’émergence de sociétés dans lesquelles un grand nombre de cultures coexistent dans toutes les régions de l’espace de l’OSCE offrent davantage de possibi- lités mais posent également davantage de problèmes. La non-intégration dans la société ainsi que l’absence de respect de chacun de ses membres pour les droits de tous peuvent nuire à la stabilité.
14. Les disparités économiques et sociales de plus en plus grandes, l’absence de primauté du droit, une gouvernance déficiente dans les secteurs public et privé, la corruption, la pauvreté très répan- due et le chômage élevé sont parmi les facteurs économiques qui menacent la stabilité et la sécurité. Ils peuvent fournir un terrain favorable à d’autres menaces majeures. La dégradation de l’envi- ronnement, l’utilisation non viable des ressources naturelles, la mauvaise gestion des déchets et la pollution affectent les systèmes écologiques et ont un impact négatif considérable sur la santé, la prospérité, la stabilité et la sécurité des États. Les catastrophes écologiques peuvent également avoir de telles conséquences. Les problèmes de gouvernance associés à ces facteurs ont un effet déstabilisant direct et réduisent en même temps la capacité d’assurer un développement écono- mique et social durable ainsi qu’à faire face efficacement aux défis économiques et environnemen- taux et aux menaces pour la sécurité et la stabilité.
15. Bon nombre des menaces de nature politico-militaire, dont celles qui sont traitées dans le cadre des documents existants de l’OSCE, comme les accumulations déstabilisatrices d’armes conven- tionnelles, les transferts illicites d’armes et la prolifération d’armes de destruction massive conti- nuent à préoccuper vivement les États participants de l’OSCE. Parmi les menaces dont la nature ou l’impact ont évolué ou qui sont totalement nouvelles, celles que constituent les terroristes et d’autres groupes criminels armés exigent une attention particulière. De même, il conviendrait de s’intéres- ser davantage aux défis pouvant résulter de nouveaux types de conflits armés.
16. Dans un environnement de sécurité en pleine mutation, les menaces évoluent et elles ne seront pas toutes prévisibles. Le cadre de dialogue politique permanent qu’offre l’OSCE et, notamment, la Conférence annuelle d’examen des questions de sécurité, permettront d’identifier et d’analyser les menaces émergentes et d’y faire face.
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La réponse de l’OSCE
17. La réponse de l’OSCE sera multidimensionnelle et reposera sur des bases concrètes. L’Organisa- tion s’appuiera sur ses atouts uniques, ses compétences et ses capacités et fournira un cadre efficace pour la coopération avec d’autres acteurs internationaux afin de réagir aux menaces d’une manière coordonnée et complémentaire, qui évite les doubles emplois et soit ciblée. La Charte de sécurité européenne, qui comprend la Plate-forme pour la sécurité coopérative, a été adoptée à Istanbul, en 1999, afin de renforcer la sécurité et la stabilité dans la région et d’améliorer les capacités opé- rationnelles de l’OSCE dans le cadre d’une transformation de l’Organisation pour lui permettre de relever des défis sans précédent. Elle reste pleinement valable.
18. Chacun des États participants est responsable au premier chef de la sécurité de ses citoyens. Les États participants doivent rendre compte à leurs citoyens et sont responsables les uns envers les autres de l’exécution des engagements qu’ils ont pris au titre de l’OSCE. Celle-ci est prête à offrir son concours et des conseils ainsi qu’à favoriser la coopération entre les États participants à cette fin. La coopération entre les États participants, dans un esprit de solidarité, de partenariat et de transpa- rence, est une condition fondamentale pour la sécurité dans l’espace de l’OSCE et devrait être l’ex- pression des intérêts et d’un respect mutuels. Chaque État participant a un droit égal à la sécurité.
19. L’OSCE est une enceinte pour le dialogue politique et de sécurité, pour la définition de normes et de principes juridiquement contraignants fondés sur un consensus, ainsi que pour la promotion de leur mise en œuvre. Le Conseil permanent et le Forum pour la coopération en matière de sécu- rité, dans les limites de ses compétences et de son mandat, jouent un rôle central à cet égard. Ce rôle sera encore renforcé, et le processus des consultations politiques et la transparence au sein de l’Organisation seront améliorés. Le dialogue et les normes qui le sous-tendent visent à empêcher l’apparition de menaces. Ils visent également à favoriser le développement d’institutions démo- cratiques et de sociétés inclusives capables de faire face, de manière plus efficace et coopérative, aux menaces émergentes.
20. L’OSCE continuera à jouer un rôle actif dans toute sa région en se servant pleinement de ses institutions —Bureau des institutions démocratiques et des droits de l’homme (BIDDH), Haut Commissaire pour les minorités nationales (HCMN) et Représentant pour la liberté des médias — de ses opérations de terrain et de son Secrétariat. Ces instruments sont importants pour aider tous les États participants à exécuter leurs engagements, notamment le respect des droits de l’homme, de la démocratie et de la primauté du droit. Dans toutes les activités pertinentes, on recherchera activement des possibilités de renforcer la coopération avec l’Assemblée parlementaire et, par son intermédiaire, avec les parlements nationaux.
21. Consciente de l’importante contribution des institutions et des opérations de terrain à la mise en pratique des objectifs et des principes de l’Organisation, l’OSCE étudie des moyens d’amélio- rer encore le fonctionnement et l’efficacité des opérations de terrain et d’élaborer de nouveaux outils si nécessaire.
22. Il faudrait renforcer encore la capacité globale de l’OSCE à identifier et à analyser les menaces ainsi qu’à prendre des mesures concertées pour y faire face. Il conviendrait d’accorder davantage d’attention aux fonctions d’alerte précoce au sein du Secrétariat, des institutions et des opérations de terrain, et d’assurer un meilleur suivi des alertes précoces. Des mécanismes spéciaux pour l’alerte précoce et le règlement pacifique des conflits, ainsi que l’outil REACT des équipes d’assis- tance et de coopération rapides continuent d’être à la disposition de l’OSCE. Les activités menées par l’Assemblée parlementaire de l’OSCE dans le domaine de l’alerte précoce et de la prévention des conflits représentent une précieuse contribution à ces efforts.
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23. Compte tenu de l’importance accrue des menaces qui émanent des régions adjacentes ou qui y prennent davantage d’ampleur, l’OSCE intensifiera sa coopération avec ses partenaires méditerra néens et asiatiques pour la coopération en identifiant, à un stade précoce, les domaines communs d’intérêt et de préoccupation, ainsi que de nouvelles possibilités d’action coordonnée. Nous les encouragerons à appliquer volontairement les principes et les engagements de l’OSCE et coopére- rons, le cas échéant, avec eux à cet égard. A titre de premier pas vers un renforcement du dialogue, nous inviterons tous nos partenaires pour la coopération à participer plus fréquemment, en qualité d’observateurs, aux réunions du Conseil permanent et du Forum pour la coopération en matière de sécurité. L’OSCE étudiera également des moyens d’étendre à d’autres régions, notamment aux zones avoisinantes, ses normes, principes, engagements et valeurs. Les contacts avec les organisa- tions dans ces régions seront intensifiés. (…)
27. La prévention des conflits et le relèvement après un conflit exigent des efforts considérables de l’Organisation en étroite coopération avec les États participants afin de promouvoir l’établisse- ment d’institutions démocratiques et de la primauté du droit et d’y contribuer, notamment en prê- tant son concours au renforcement des capacités et en aidant à renforcer les autorités à tous les niveaux ainsi que les structures parlementaires, un pouvoir judiciaire indépendant et des sociétés civiles ainsi que des médias libres.
Combattre le terrorisme et les menaces découlant d’autres activités criminelles
Terrorisme
28. Les conventions et protocoles des Nations Unies ainsi que les résolutions du Conseil de sécu- rité des Nations Unies constituent le cadre juridique mondial de la lutte contre le terrorisme. Afin d’appuyer ce cadre, l’OSCE a, par ses décisions en 2001 et 2002, établi une structure d’action glo- bale à l’intention des États participants et de l’Organisation afin de leur permettre de contrer, à titre prioritaire, la menace du terrorisme, ses manifestations et les conditions susceptibles de le favori- ser et de le soutenir. Une partie opérationnelle de ce cadre est l’Unité d’action contre le terrorisme constituée au sein du Secrétariat de l’OSCE.
29. Les activités de lutte contre le terrorisme menées par l’OSCE sont notamment axées sur la sécu- rité et la gestion des frontières, les activités de la police, la lutte contre la traite des êtres humains et la répression du financement du terrorisme. Une attention particulière sera accordée au ren- forcement des capacités et à d’autres formes d’assistance en matière de lutte antiterroriste. Le défi important qui consiste à mettre en œuvre des mesures efficaces contre le terrorisme, dans le plein respect de la primauté du droit et du droit international, notamment la législation relative aux droits de l’homme, est également examiné. Ces mesures portent sur l’interdiction de donner asile aux terroristes et sur l’élimination des conditions offrant aux terroristes la possibilité de recru- ter et d’obtenir des appuis. Elles visent aussi à empêcher les terroristes d’accroître leurs capacités, notamment en faisant en sorte qu’ils n’aient pas accès aux ALPC, aux autres armes convention- nelles ainsi qu’aux armes de destruction massive et technologies connexes. Une interaction étroite avec d’autres organisations et organismes internationaux compétents, en particulier le Comité du Conseil de sécurité des Nations Unies chargé de la lutte contre le terrorisme (CTC de l’ONU) et l’Office des Nations Unies contre la drogue et le crime (ONUDC) est sollicitée par le biais de réu- nions communes, de contacts à tous les niveaux et de programmes et projets spécifiques.
30. L’OSCE a également décidé d’établir un réseau contre-terrorisme afin de promouvoir le renfor- cement de la coordination des mesures antiterroristes et l’échange d’informations entre les États
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participants de l’OSCE ainsi que d’appuyer et de compléter les activités du CTC de l’ONU par la mise en œuvre de la résolution 1373 du Conseil de sécurité.
Menaces découlant d’autres activités criminelles
31. L’OSCE intensifiera ses activités visant à lutter contre la criminalité organisée. Des réunions régulières d’experts de la police des États participants de l’OSCE et de représentants d’autres orga- nisations régionales et internationales spécialisées constitueraient une contribution importante à cet égard. L’OSCE portera en particulier une attention accrue sur la menace croissante que constitue la traite des êtres humains. L’OSCE a adopté un plan d’action visant à lutter contre la traite des êtres humains. Le document de l’OSCE sur les ALPC reste un instrument clé de lutte contre le trafic et la prolifération d’ALPC sous tous leurs aspects. Sa mise en œuvre sera encore renforcée. L’OSCE continuera à contribuer aux efforts déjà en cours avec l’ONUDC sur la question du trafic illicite de stupéfiants. Il y a lieu d’adopter une approche internationale efficace et globale sur la question.
32. L’Unité pour les questions stratégiques de police a été mise en place pour améliorer la capacité des États participants à faire face aux menaces découlant des activités criminelles et aider les États participants à instaurer la primauté du droit. L’objectif poursuivi est d’accroître les compétences de la police, notamment le respect des droits de l’homme et des libertés fondamentales. L’OSCE renforcera, à la demande des États participants, l’accent qu’elle met sur l’assistance aux autorités, notamment à l’échelon local pour lutter contre la criminalité et les réseaux criminels, et elle identi- fiera et renforcera les compétences de base nécessaires à l’accomplissement des activités de la police telles que les activités de formation et de renforcement des capacités.
33. L’OSCE intensifiera ses efforts pour combattre notamment le trafic des migrants et les migra- tions irrégulières.
34. Une approche multidisciplinaire et globale s’impose afin de prévenir et de combattre de manière efficace la corruption sous toutes ses formes. L’OSCE, en étroite coordination avec l’ONUDC et d’autres organisations et institutions financières internationales compétentes, contribuera à réduire la corruption dans toute la région de l’OSCE.
35. Les menaces que constituent le terrorisme et la criminalité organisée sont souvent liées et des approches synergiques visant à y faire face seront examinées plus avant. Le mouvement trans- frontière des personnes, des ressources et des armes ainsi que le trafic aux fins de financer et de fournir un appui logistique jouent un rôle croissant dans les activités terroristes. L’OSCE s’engage à affronter ces problèmes et à renforcer ses capacités en vue de promouvoir des frontières ouvertes et sûres, notamment, en élaborant un concept de gestion et de sécurité des frontières afin de ren- forcer encore les capacités et d’intensifier une coopération interétatique mutuellement bénéfique.
Faire face aux menaces liées à la discrimination et à l’intolérance
36. La discrimination et l’intolérance figurent au nombre des facteurs susceptibles d’engendrer des conflits qui compromettent la sécurité et la stabilité. En se fondant sur ses engagements dans la dimension humaine, l’OSCE s’attache à promouvoir dans toute sa région des conditions dans lesquelles tous puissent jouir pleinement des droits de l’homme et des libertés fondamentales sous la protection d’institutions démocratiques efficaces et dans le cadre d’une procédure judi- ciaire régulière et de la primauté du droit. Ces mesures supposent un environnement sûr et des institutions sûres propices à un débat pacifique et permettant à toutes les personnes et à tous les groupes de la société de défendre leurs intérêts. La société civile a un rôle important à jouer à cet
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égard et l’OSCE continuera à appuyer les organisations de la société civile et à contribuer à leur renforcement.
37. Les États participants, les organes et institutions de l’OSCE, le Secrétariat et de nombreuses opérations de terrain de l’OSCE s’emploient activement à faire face aux menaces liées à la discri- mination et à l’intolérance, notamment celles qui découlent de tensions religieuses et ethniques associées à un extrémisme violent. Ils exercent également une fonction importante en matière d’alerte rapide. La Réunion annuelle sur la mise en œuvre des engagements concernant la dimen- sion humaine et d’autres manifestations dans le domaine de la dimension humaine permettent d’examiner les menaces liées à la discrimination et à l’intolérance et de formuler des recommanda- tions sur l’action possible face à de telles menaces. Tout en respectant pleinement la liberté d’expres- sion, l’OSCE s’attachera à lutter contre les crimes inspirés par la haine qui peuvent être alimentés par la propagande raciste, xénophobe et antisémite sur Internet.
38. Les États participants ainsi que les organes et institutions de l’OSCE sont résolus à intensifier leurs efforts pour contrer les menaces liées à la discrimination et à l’intolérance. Les relations har- monieuses entre les groupes ethniques, religieux, linguistiques et autres ainsi que les droits des personnes appartenant à des minorités nationales seront activement encouragés au même titre que l’égalité des chances pour les femmes et les hommes. La violence, l’intolérance, l’extrémisme et la discrimination à l’encontre de ces groupes, notamment les travailleurs migrants, les deman- deurs d’asile et d’autres immigrants, doivent être conjurés et les auteurs de tels actes doivent en être tenus responsables. Dans le même temps, il importe que les personnes appartenant à de tels groupes respectent la primauté du droit, les valeurs démocratiques et les libertés individuelles.
39. Dans ce contexte, l’OSCE reconnaît les difficultés particulières des Roms et des Sintis ainsi que la nécessité de prendre des mesures efficaces afin d’éliminer la discrimination à leur encontre et d’instaurer l’égalité des chances, conformément aux engagements de l’OSCE. Dans cet esprit, l’OSCE a adopté un plan d’action visant à améliorer la situation des Roms et des Sintis dans l’es- pace de l’OSCE.
40. Les efforts de l’OSCE seront axés tout particulièrement sur les jeunes générations pour leur faire comprendre la nécessité de la tolérance et l’importance de la réconciliation et de la coexis- tence pacifique. Leurs perspectives d’avenir sont un facteur essentiel. Le cas échéant, l’OSCE assu- mera donc un rôle plus important dans le domaine de l’éducation. Un domaine tel que l’éducation aux droits de l’homme mériterait une attention particulière.
41. Il sera pleinement tiré parti des capacités d’observation du BIDDH, et la coopération opéra- tionnelle avec d’autres organismes de surveillance notamment en matière de collecte de données, d’échange d’informations et d’analyse commune sera encouragée pour que l’OSCE puisse se faire l’idée la plus précise possible des événements. Cela permettra d’axer de manière efficace ses acti- vités sur les domaines prioritaires. (…)
Coopération avec d’autres organisations et institutions internationales
52. Aucun État ni aucune organisation ne peuvent relever seuls les défis auxquels nous sommes confrontés aujourd’hui. La coordination des efforts de toutes les organisations pertinentes est donc essentielle. L’interaction de l’OSCE avec d’autres organisations et institutions se fonde sur la Plate-forme pour la sécurité coopérative. Dans ce document, les États participants se sont enga- gés à tenter de renforcer la cohérence opérationnelle et politique parmi tous les organes traitant de la sécurité, à la fois en contrant les menaces spécifiques et en formulant des réponses face aux
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nouvelles menaces et aux nouveaux défis. Avec l’évolution des conditions de sécurité, il reste encore davantage à faire pour atteindre cet objectif fondamental, en se fondant sur les atouts et les avan- tages de chaque organisation.
53. Notre coopération avec les autres organisations et institutions englobe actuellement le dialogue politique, la coordination et la coopération structurée sur des questions régionales ou thématiques dans toute la région de l’OSCE, sur la base de valeurs et d’objectifs communs. Il importe d’intensi- fier l’interaction tant au niveau politique qu’au niveau opérationnel. La coopération et la coordina- tion sur des questions et des projets concrets devraient être renforcées à la fois au niveau du Siège et sur le terrain. Il y a lieu d’encourager les contacts entre envoyés et représentants spéciaux ainsi que l’élaboration de stratégies communes et de missions communes d’établissement des faits.
54. L’OSCE cherche à étendre ses relations avec toutes les organisations et institutions concer- nées par la promotion d’une sécurité globale dans l’espace de l’OSCE et elle a établi un système de consultations régulières tant au niveau technique que politique avec un grand nombre d’entre elles, notamment l’ONU, l’Union européenne, l’OTAN et le Conseil de l’Europe. L’OSCE se doit de rester flexible pour être en mesure de coopérer avec différentes organisations dans la mesure où leurs capacités et leurs intérêts peuvent changer avec le temps, compte tenu des développements dans la perception des menaces et les capacités organisationnelles.
55. En tant qu’accord régional au titre du Chapitre VIII de la Charte des Nations Unies, l’OSCE est une enceinte de coopération avec les organisations sous-régionales dans son espace. L’OSCE conti- nuera à organiser des réunions d’échange d’informations et de coordination sur des questions spé- cifiques avec ces organisations et institutions. Des mesures pratiques visant à mettre en commun les données d’expérience pertinentes de l’OSCE avec d’autres organisations régionales devraient également se poursuivre. L’OSCE sera prête à envisager d’appuyer des initiatives et des plans élabo- rés dans d’autres enceintes pour améliorer la coopération en matière de lutte contre ces menaces, comme elle l’a fait en donnant son appui à la mise en œuvre des Conventions des Nations Unies contre le terrorisme.
56. L’OSCE a mis en place une interaction forte et ciblée avec des organisations non gouvernemen- tales dont les contributions aux efforts globaux de l’Organisation restent importantes. Il convient de renforcer plus avant cette interaction.
57. Une telle coopération sur des questions portant sur l’ensemble des menaces couvertes par la Stratégie devrait être renforcée. Il conviendrait de consentir davantage d’efforts pour amélio- rer le fonctionnement de la Plate-forme pour la sécurité coopérative afin de faire face, de manière plus efficace et efficiente, aux menaces communes. A cette fin, il sera proposé d’établir un nouveau mécanisme consultatif ad hoc, en consultation avec d’autres organisations et institutions interna- tionales, dans le cadre de l’effort global visant à analyser ces menaces et à y faire face en commun. L’OSCE propose cet instrument en tant que cadre flexible de consultations par le biais de contacts avec les organisations et institutions compétentes lorsqu’une menace spécifique apparaît ou devient plus importante. Des réunions plus régulières d’échanges d’informations avec les organisations et institutions intéressées et la mise en place de points de contact seraient d’autres moyens per- mettant d’intensifier davantage la coopération.
Conclusion
58. Dans le cadre de la présente Stratégie, nous avons identifié un certain nombre de menaces qui pèsent sur notre sécurité et stabilité communes. Nous avons donné des orientations stratégiques à nos activités visant à prévenir et à contrer ces menaces. Le Conseil permanent et le Forum pour
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la coopération en matière de sécurité, ainsi que les institutions, les opérations de terrain et le Secré- tariat, sont chargés de contribuer à la mise en œuvre et au suivi de la Stratégie, dans les limites de leurs compétences et de leurs mandats. Une réponse efficiente et efficace exigera une approche cohérente et coordonnée de tous les organes et institutions de l’OSCE. La Présidence en exercice sera chargée, au nom du Conseil ministériel et du Conseil permanent, de la coordination et des consultations relatives à la mise en œuvre de cette Stratégie. La Conférence annuelle d’examen des questions de sécurité offrira régulièrement la possibilité de revoir la Stratégie et sa mise en œuvre, ainsi que d’identifier et d’analyser les menaces et les défis au fur et à mesure qu’ils apparaissent. Cette conférence permettra également à l’OSCE de prendre de nouvelles mesures et, le cas échéant, de renforcer la Stratégie même. Notre réponse devra aussi être coordonnée avec celle d’autres orga- nisations et institutions. Nous mettons l’accent sur les domaines et les questions où l’OSCE peut réellement changer le cours des choses. Nous souhaitons qu’une OSCE renforcée contribue à faire face aux menaces et à relever les défis qui se posent dans tout l’espace de l’OSCE et à accroître la sécurité humaine, pour améliorer la vie de chaque individu – objectif de tous nos efforts.
II. La Stratégie de l’OSCE concernant la dimension économique et environnementale (…)
1.6. L’augmentation des disparités économiques et sociales, l’absence de primauté du droit, une faible gouvernance, la corruption, la pauvreté généralisée et le taux de chômage élevé figurent au nombre des facteurs qui contribuent aux menaces globales, telles que le terrorisme, l’extrémisme violent, la criminalité organisée transnationale et, également, les activités économiques illicites, notamment le blanchiment de capitaux, le trafic sous toutes ses formes et la migration clandestine. Les conflits interétatiques et intra-étatiques, à leur tour, entravent la coopération et le développe- ment économiques régionaux et portent atteinte à la sécurité, notamment, des communications et des voies d’acheminement de l’énergie. (…)
2. Notre réponse et notre action (...) 2.2 Renforcer la bonne gouvernance 2.1.1 Une bonne gestion des entreprises et des institutions fortes sont les pierres angulaires d’une économie saine capable d’attirer les investissements et, de ce fait, de permettre aux États de réduire la pauvreté et l’inégalité, accroître l’intégration sociale ainsi que l’égalité des chances pour tous et de protéger l’environnement. Une bonne gouvernance à tous les niveaux contribue à la prospérité, à la stabilité et à la sécurité. La paix, de bonnes relations internationales, la sécurité et la stabilité de l’État, ainsi que la sécurité et la sûreté de la personne au sein de l’État, fondée sur la primauté du droit et le respect des droits de l’homme jouent un rôle crucial dans la création du climat de confiance indispensable à un développement économique et social positif. 2.2.2 La bonne gouvernance est capitale pour tous les États participants et nous sommes convenus d’œuvrer à l’échelon national, avec l’appui des institutions internationales compétentes, au ren- forcement de la bonne gouvernance dans tous ses aspects et à l’élaboration de méthodes de coo- pération mutuelle à cette fin. 2.2.3 La réalisation de la bonne gouvernance exige une approche stratégique globale et sur le long terme pour que les succès dans un domaine ne soient pas sapés par des faiblesses dans d’autres. Nous coopérerons à l’élaboration de nos stratégies de bonne gouvernance et mettront en commun nos expériences concernant les meilleures pratiques dans ce domaine.
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Promouvoir la transparence et lutter contre la corruption
2.2.4 La transparence dans la conduite des affaires publiques est une condition essentielle de la res- ponsabilisation des États et de la participation active de la société civile au processus économique. La transparence accroît la prévisibilité et la confiance dans une économie qui fonctionne avec une législation appropriée et dans le plein respect de la primauté du droit. Des médias libres et plura- listes qui bénéficient d’une indépendance rédactionnelle maximale par rapport aux pressions poli- tiques et financières ont un rôle important à jouer pour assurer cette transparence. 2.2.5 Nous ferons en sorte que nos gouvernements soient plus transparents en élaborant plus avant les processus et institutions pour fournir des informations en temps opportun, notamment des statistiques fiables, sur des questions présentant un intérêt général dans les domaines économique et environnemental pour les médias, le monde des affaires, la société civile et les citoyens, afin de promouvoir un dialogue éclairé et coopératif. Tout cela est essentiel à un processus décision- nel qui tienne compte des réalités changeantes ainsi que des besoins et souhaits de la population. 2.2.6 La transparence est importante également pour l’exposition et la poursuite de toutes les formes de corruption qui sapent nos économies et nos sociétés. Outre la transparence, la lutte contre la corruption exige que les États participants adoptent une stratégie globale et sur le long terme en la matière. 1.2.7 Nous sommes d’accord pour faire de l’élimination de toutes les formes de corruption une priorité. Nous envisagerons d’adhérer aux conventions internationales et autres instruments dans le domaine de la lutte contre la corruption, notamment les instruments mis au point par le Conseil de l’Europe et l’Organisation de coopération et de développement économiques (OCDE), encoura- gerons leur ratification et appuierons leur mise en œuvre intégrale. Nous nous félicitons de l’adop- tion de la Convention des Nations Unies contre la corruption et espérons que cet instrument sera rapidement signé et ratifié et qu’il entrera en vigueur dès que possible.
Améliorer la gestion des ressources publiques
2.2.8 Une autre composante de la bonne gouvernance est la gestion efficace des ressources publiques par des institutions fortes et qui fonctionnent bien, un service civil, professionnel et efficace ainsi que des processus budgétaires sains. Une bonne gestion des ressources publiques, notamment la collecte de l’impôt, l’établissement et l’exécution du budget ainsi que les achats publics, est par- ticulièrement importante pour offrir les meilleurs services sociaux et publics possibles. Nous nous attacherons à assurer une base financière solide à nos systèmes administratifs publics et à renfor- cer plus avant leur efficacité et leur efficience à tous les niveaux. (…)
Conditions sociales
2.2.13 Une bonne gouvernance et un développement durable supposent des politiques et des sys- tèmes qui favorisent le partenariat social et la cohésion sociale. Nous nous emploierons à améliorer l’accès de tous aux prestations sociales de base, telles que des soins de santé d’un coût abordable, les retraites et l’éducation, à assurer un niveau adéquat de protection aux groupes socialement vul- nérables, et à prévenir l’exclusion sociale. 2.2.14 Nous sommes résolus à prendre des mesures pour améliorer les conditions sociales, notam- ment en identifiant et en ciblant les groupes vulnérables de la société, en mettant en place des sys- tèmes de protection adéquats et efficaces, en renforçant les services de santé, en créant de nouveaux emplois et en mettant en œuvre des programmes de réinsertion.
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(…)
2.2 Assurer un développement durable 2.3.3 Nous appuyons les efforts déployés par les États participants pour mettre en œuvre des poli- tiques de réduction de la pauvreté et de développement durable, notamment les programmes nationaux de réduction de la pauvreté dans les pays ayant des économies en transition. Nous encou- ragerons les organisations et institutions internationales disposant du savoir-faire et des ressources appropriés à fournir les conseils et l’assistance nécessaires.
IV. Décisions du Conseil ministériel
Décision no 2/03
Lutte contre la traite des êtres humains
Le Conseil ministériel,
Réaffirmant les engagements auxquels les États participants ont souscrit dans le domaine de la lutte contre la traite des êtres humains, notamment la Décision No 1 du Conseil ministériel tenu à Vienne en l’an 2000, la Décision No 6 du Conseil ministériel tenu à Bucarest en 2001, et la Déclaration ministérielle de Porto de 2002,
Rappelant en outre la Décision No 557 du Conseil permanent en date du 24 juillet 2003 sur l’adop- tion du Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, qui met à la dis- position des États participants un ensemble d’outils pour lutter contre la traite des êtres humains par le biais d’une approche multidimensionnelle englobant la protection des victimes, la préven- tion de la traite des êtres humains, et les poursuites à l’encontre de ceux qui facilitent ou com- mettent ce crime,
Dans le but d’intensifier les efforts de l’OSCE dans la lutte contre la traite des êtres humains,
1. Décide d’approuver le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, tel qu’il est annexé à la présente Décision ; et
2. Établit, sous l’égide du Conseil permanent, un mécanisme de l’OSCE visant à porter assis- tance aux États participants pour lutter contre la traite des êtres humains. Ce mécanisme consis- tera en deux éléments dont les activités se complètent : d’une part, un représentant spécial nommé par la Présidence en exercice et, d’autre part, une unité spéciale au sein du Secrétariat de l’OSCE,
Le mécanisme est établi pour : (a) Aider les États participants à mettre en œuvre les engagements proposés dans le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains et à utiliser pleinement les recommandations ; (b) Assurer la coordination des efforts déployés par l’OSCE pour lutter contre la traite des êtres humains dans les trois dimensions de l’Organisation ; (c) Renforcer la coordination entre les autorités responsables des États participants, ainsi qu’entre l’OSCE et d’autres organisations compétentes ; (d) Sensibiliser davantage le public et les milieux politiques à la lutte contre la traite des êtres humains ;
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(e) Opérer dans l’espace de l’OSCE tout entier et, le cas échéant, aider les États participants, dans un esprit de coopération et à la suite de consultations avec les autorités respectives des États participants concernés, à mettre en œuvre leurs engagements dans la lutte contre la traite des êtres humains ; (f) Fournira et facilitera tout avis et assistance technique dans le domaine de la législation ainsi que dans celui de l’élaboration des politiques, en collaborant, si nécessaire, avec d’autres struc- tures de l’OSCE jouant un rôle dans ce domaine ; (g) Etre prêt à offrir des conseils aux autorités de haut niveau représentant les pouvoirs législatif, judiciaire et exécutif dans les États participants, et à examiner avec ces dernières la mise en œuvre du Plan d’action de l’OSCE pour lutter contre la traite des êtres humains et des engagements en la matière. Dans certains cas exigeant une attention particulière, rechercher des contacts directs, de manière appropriée, avec l’État participant concerné et examiner, en cas de besoin, la possibi- lité de lui fournir des conseils et une assistance concrète ; (h) Coopérer avec les Rapporteurs nationaux ou d’autres mécanismes nationaux établis par les États participants pour assurer la coordination et le suivi des activités menées par les institutions d’État pour lutter contre la traite des êtres humains. Coopérer également avec les organisations non gouvernementales compétentes des États participants. Organiser et faciliter en outre, au sein de l’OSCE, des réunions en vue d’un échange d’informations et de données d’expérience entre coordonnateurs nationaux, représentants désignés par les États participants ou experts en matière de lutte contre la traite des êtres humains ; (i) Coopérer étroitement avec le Bureau des institutions démocratiques et des droits de l’homme (BIDDH) et d’autres institutions de l’OSCE, avec le Secrétaire général, les structures pertinentes du Secrétariat, notamment le Bureau du Coordonnateur des activités économiques et environne- mentales de l’OSCE, l’Unité pour les questions stratégiques de police, le Conseiller principal pour les questions de parité des sexes ainsi que, le cas échéant, avec les opérations de terrain de l’OSCE. Mettre à profit les connaissances spécialisées de ces structures de l’OSCE et veiller à éviter tout double emploi. Participer, le cas échéant, aux activités du Groupe de travail informel sur la parité des sexes et sur la lutte contre la traite des êtres humains ; (j) Coopérer et se concerter avec les acteurs internationaux compétents, comme l’Office des Nations Unies contre la drogue et le crime, le Haut Commissariat des Nations Unies pour les réfugiés, le Haut Commissariat des Nations Unies aux droits de l’homme, le Fonds des Nations Unies pour l’enfance, l’Organisation internationale du Travail, ainsi qu’avec l’Organisation internationale pour les migrations, le Centre international pour le développement des politiques migratoires, l’Union européenne, le Conseil de l’Europe, l’Équipe spéciale du Pacte de stabilité sur la traite des êtres humains, le Conseil des États de la mer Baltique, l’Initiative de coopération en Europe du Sud- Est, Interpol et Europol ;
3. Affirme que le Représentant spécial sera politiquement responsable devant le Conseil permanent et qu’il lui fera rapport régulièrement et en cas de besoin. Il s’acquittera de ses fonctions conformé- ment à la Décision No 8 de la dixième Réunion du Conseil ministériel tenue à Porto ;
4. Demande à la Présidence en exercice de nommer en qualité de Représentant spécial une person- nalité éminente disposant de l’expérience appropriée, conformément aux procédures de l’OSCE, à l’issue de consultations menées avec les États participants, par l’intermédiaire du Comité prépa- ratoire, au sujet de son mandat. Afin d’assurer la continuité nécessaire pour permettre au Repré- sentant spécial de s’acquitter de ses fonctions, dans un premier temps, pour une durée équivalente à celle de deux présidences successives, la Présidence en exercice s’entretiendra avec la prochaine présidence en exercice sur cette nomination. Dans les limites de ses prérogatives, la prochaine pré- sidence en exercice prendra les dispositions voulues pour prolonger le mandat du Représentant
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spécial pour la durée de cette présidence en exercice, conformément à la Décision No 8 de la dixième Réunion du Conseil ministériel tenue à Porto ;
5. Charge le Conseil permanent d’établir l’Unité spéciale susmentionnée dans le cadre du Secré- tariat de l’OSCE, en faisant appel à du personnel sous-contrat ou détaché. Le Représentant spécial aura à son entière disposition l’ensemble des capacités de l’Unité spéciale afin de s’acquitter effi- cacement des tâches susmentionnées ;
6. Convient que les deux éléments du mécanisme seront financés par les États participants au moyen du budget unifié de l’OSCE, conformément aux procédures en vigueur. Le Comité consultatif de gestion et finance définira, en consultation avec la Présidence en exercice et le Secrétaire géné- ral, les modalités administratives et de financement pour le mécanisme et soumettra ses recom- mandations au Conseil permanent pour approbation dans les délais voulus afin qu’elles puissent être prises en compte dans le budget unifié pour 2004.
Annexe à la Décision No 2/03
Plan d’action de l’OSCE pour lutter contre la traite des êtres humains
I. Objectifs et buts du plan d’action
1. Le Plan d’action a pour but de mettre à la disposition des États participants un ensemble d’ou- tils pour les aider à s’acquitter de leurs engagements en matière de lutte contre la traite des êtres humains. Il vise à fournir aux États participants un mécanisme de suivi qui favorisera également la coordination entre chaque État participant, tant dans le cadre des structures de l’OSCE qu’avec d’autres organisations internationales. Le Plan d’action adopte une approche multidimensionnelle pour lutter contre la traite des êtres humains. Il aborde le problème de manière globale et couvre la protection des victimes, la prévention de la traite des êtres humains et les poursuites de ceux qui facilitent ou commettent ce crime. Il formule des recommandations sur les moyens pour les États participants et les institutions, organes et opérations de terrain de l’OSCE de faire face aux aspects politiques, économiques, juridiques, ayant trait à l’application des lois, à l’enseignement et à d’autres aspects du problème.
2. Le Plan d’action a en outre pour but d’aider les États participants à utiliser ces outils en se fon- dant sur l’expérience régionale acquise dans le cadre de la mise en œuvre d’initiatives et de mesures concrètes telles que celles prises par l’Équipe spéciale du Pacte de stabilité sur la traite des êtres humains en Europe du Sud-Est.
3. Une approche globale de la traite des êtres humains exige de mettre l’accent sur la traduction en justice des responsables de ce crime, et sur la mise en œuvre de mesures efficaces pour le préve- nir, tout en adoptant une attitude humaine et compatissante en matière d’assistance aux victimes.
II. Définition de la traite des êtres humains
Le Plan d’action se fonde sur la définition suivante figurant à l’Article 3 du Protocole additionnel à la Convention des Nations Unies contre la criminalité transnationale organisée visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants :
« L’expression ‘traite des personnes’ désigne le recrutement, le transport, le transfert, l’hébergement ou l’accueil de personnes, par la menace de recours ou le recours à la force ou à d’autres formes de contrainte, par enlèvement, fraude, tromperie, abus d’autorité ou d’une situation de vulnérabilité,
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ou par l’offre ou l’acceptation de paiements ou d’avantages pour obtenir le consentement d’une personne ayant autorité sur une autre aux fins d’exploitation. L’exploitation comprend, au mini- mum, l’exploitation de la prostitution d’autrui ou d’autres formes d’exploitation sexuelle, le travail ou les services forcés, l’esclavage ou les pratiques analogues à l’esclavage, la servitude ou le prélè- vement d’organes ».
Le Conseil ministériel de l’OSCE, dans sa Décision No 6 (2001), a demandé aux États participants de signer et de ratifier la Convention des Nations Unies contre la criminalité transnationale orga- nisée et son Protocole visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants.
III. Enquêtes, détection, répression et poursuites
Les engagements pris par les États participants concernant les enquêtes, la détection et la répression, et les poursuites figurent dans la Déclaration ministérielle sur la traite des êtres humains adoptée à Porto en 2002, le Plan d’action de Bucarest pour lutter contre le terrorisme de 2001, la Décision ministérielle No 6 adoptée à Bucarest en 2001, et la Décision ministérielle sur le renforcement des efforts de l’OSCE pour combattre la traite des êtres humains adoptée à Vienne en l’an 2000. Dans ces documents, les États participants se sont également entendus sur le rôle de l’OSCE dans ce domaine.
Action recommandée au niveau national
1. Incrimination 1.1 Adopter les mesures législatives et autres nécessaires pour conférer le caractère d’infraction pénale aux actes énoncés à l’Article 3 du Protocole additionnel à la Convention des Nations Unies contre la criminalité transnationale organisée visant à prévenir, réprimer et punir la traite des per- sonnes, en particulier des femmes et des enfants. 1.2 Adopter les mesures législatives et autres nécessaires pour conférer le caractère d’infraction pénale : • Au fait de tenter de commettre cette infraction pénale ; • Au fait de se rendre complice de cette infraction pénale ; • Au fait d’organiser la commission de cette infraction pénale ou de donner des instructions à d’autres personnes pour qu’elles la commettent. 1.3 Adopter les mesures nécessaires pour établir la responsabilité des personnes morales pour des infractions en matière de traite des êtres humains outre la responsabilité des personnes physiques. Sous réserve des principes juridiques de l’État participant, la responsabilité des personnes morales peut être pénale, civile ou administrative. 1.4 Prendre des dispositions législatives pour des sanctions pénales efficaces et proportionnées, y compris l’emprisonnement, qui tiennent compte du caractère grave de cette infraction. Le cas échéant, la législation devrait prévoir des sanctions supplémentaires pour les personnes coupables de traite avec des circonstances aggravantes, comme dans le cas d’infractions impliquant la traite des enfants ou d’infractions commises par ou avec la complicité d’agents de l’État. 1.5 Envisager des dispositions législatives pour permettre la confiscation des instruments et du produit de la traite et des infractions connexes, en précisant, lorsque ce n’est pas en contradiction avec la législation nationale, que le produit confisqué de la traite sera utilisé au profit des victimes de la traite. Envisager la création d’un Fonds de compensation pour les victimes de la traite et l’uti- lisation des actifs confisqués pour aider à financer un tel Fonds.
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1.6 Faire en sorte que la traite, ses actes constitutifs et infractions connexes constituent des infrac- tions pouvant faire l’objet d’une extradition en vertu du droit national et des traités d’extradition. 1.7 Adopter les mesures législatives et autres pour conférer le caractère d’infraction pénale aux actes de corruption active ou passive commis par des agents publics, conformément aux Articles 8 et 9 de la Convention des Nations Unies contre la criminalité transnationale organisée. 1.8 Faire en sorte que les victimes de la traite ne fassent pas l’objet de poursuites pénales du simple fait d’avoir été soumises à la traite.
2. Réaction des services de détection et de répression 2.1 Mettre pleinement en œuvre les mesures de lutte contre la traite et autres mesures connexes énoncées dans la législation. 2.2 Créer des unités spéciales de lutte contre la traite, comprenant à la fois des femmes et des hommes, qui ont suivi une formation avancée à l’investigation des infractions impliquant des agressions sexuelles ou impliquant des enfants, afin de promouvoir les compétences, le profes- sionnalisme et l’intégrité. 2.3 Renforcer les capacités dans le domaine de la lutte contre la corruption. 2.4 Élaborer des programmes pour une police de proximité : renforcer la confiance entre la police et le public afin, entre autres, de contribuer à la collecte d’informations relatives à la traite et de faire en sorte que les victimes soient davantage disposées à signaler les infractions. 2.5 Encourager les enquêteurs et les procureurs à mener des enquêtes et à intenter des poursuites sans s’appuyer uniquement et exclusivement sur les dépositions de témoins. 2.6 Fournir non seulement les ressources et la formation nécessaires pour développer les activi- tés de police fondées sur le recueil de renseignements pour la gestion et l’analyse des crimes et des informations à ce sujet, mais également les compétences avancées et les équipements nécessaires pour permettre aux services de détection et de répression de s’acquitter de leurs tâches en matière de lutte contre la traite. 2.7 Encourager les enquêteurs et les procureurs à mener des enquêtes et à intenter des poursuites sans s’appuyer uniquement et exclusivement sur les dépositions de témoins. Envisager d’autres méthodes d’enquête afin d’éviter que les victimes ne soient obligées de témoigner au tribunal. 2.8 Prendre des mesures applicables pour faire en sorte que les membres des missions de l’OSCE qui se comportent en violation du Code de conduite de l’OSCE et d’autres règlements fassent l’ob- jet de sanctions réglementaires, notamment, le cas échéant, de poursuites disciplinaires et pénales. 2.9 S’attaquer en priorité à la corruption des services locaux de détection et de répression, et faire en sorte que les poursuites disciplinaires et pénales appropriées soient engagées contre les ser- vices de détection et de répression se livrant à des pratiques de corruption liées à la traite des êtres humains.
3. Coopération et échange d’informations entre États participants en matière de détection et de répression 3.1 Coopérer étroitement entre eux et conformément à leurs systèmes juridiques et administratifs respectifs, en vue de renforcer l’efficacité de la détection et de la répression des infractions visées par le présent Plan d’action. Promouvoir une coopération et une coordination similaires entre les organismes chargés de faire respecter la loi à l’intérieur des États. 3.2 Adopter, en particulier, des mesures efficaces pour : • Renforcer ou, si nécessaire, établir des voies de communication entre États participants ;
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• Coopérer dans la conduite d’enquêtes concernant les infractions visées par le présent Plan d’ac- tion ; • Fournir, lorsqu’il y a lieu, les pièces ou les preuves nécessaires à des fins d’analyse ou d’enquête ; • Faciliter une coordination efficace entre les autorités, organismes et services compétents et favo- riser l’échange de personnel et d’experts, y compris, sous réserve de l’existence d’accords ou d’ar- rangements bilatéraux entre les États participants concernés, le détachement d’agents de liaison ; • Échanger des informations sur les moyens et procédés spécifiques employés par les groupes cri- minels organisés, y compris, s’il y a lieu, sur les itinéraires et les moyens de transport ainsi que sur l’usage de fausses identités, de documents modifiés ou falsifiés ou d’autres moyens de dis- simulation de leurs activités ; • Coordonner les mesures administratives et autres considérées comme appropriées pour détec- ter au plus tôt les infractions visées par le présent Plan d’action. 3.3 Conclure des accords prévoyant une coopération bilatérale et multilatérale entre les services de détection et de répression pour faciliter l’échange d’informations. 3.4 Prendre des mesures visant à élaborer des normes communes pour la collecte de données sta- tistiques.
4. Octroi d’une assistance et d’une protection aux témoins et aux victimes dans le système de jus- tice pénale 4.1 Prendre des mesures appropriées, y compris des mesures législatives, dans les limites des moyens des États participants, afin d’assurer une protection efficace contre des actes éventuels de repré- sailles ou d’intimidation pour les témoins qui, dans le cadre de procédures pénales, font un témoi- gnage concernant les infractions visées par le présent Plan d’action et, le cas échéant, pour leurs parents et d’autres personnes qui leur sont proches. 4.2 Sensibiliser les services de détection et de répression et les responsables de la lutte contre la criminalité à leurs responsabilités pour assurer la sécurité et le bien-être immédiat des victimes de la traite des êtres humains. 4.3 Assurer la protection des données et le droit des victimes au respect de la vie privée, également dans le cadre de la collecte et de l’analyse des données. 4.4 Faciliter la participation de la victime en qualité de témoin à l’enquête et aux audiences des tri- bunaux ou autres procédures pénales en prévoyant la possibilité de lui fournir un nouveau domi- cile en tant que forme de protection des témoins. 4.5 Fournir des conseils juridiques aux victimes lorsqu’elles prennent la décision de témoigner ou non au tribunal. 4.6 Permettre aux ONG de fournir un appui aux victimes dans le cadre des audiences, si cela n’est pas contraire à la législation nationale.
5. Formation 5.1 Assurer ou améliorer la formation des agents des services de surveillance des frontières, des agents des forces de l’ordre, des juges, des procureurs, des agents des services d’immigration et autres agents compétents à tous les aspects de la traite des personnes. 5.2 Prendre en considération, dans de tels programmes de formation, les droits de l’homme et les questions concernant les enfants et la parité des sexes, et encourager la coopération avec les orga- nisations non gouvernementales et les autres organisations compétentes ainsi qu’avec d’autres élé- ments de la société civile.
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6. Mesures aux frontières 6.1 Envisager de prendre des mesures qui permettent à chaque État participant, conformément à son droit interne, de refuser l’entrée de personnes impliquées dans la commission d’infractions établies conformément à la législation en vigueur, d’annuler leurs visas ou, éventuellement, de les détenir temporairement. 6.2 Envisager de renforcer la coopération entre services de contrôle aux frontières, notamment par l’établissement et le maintien de voies de communication directes.
7. Sécurité et contrôle des documents 7.1 Prendre les mesures nécessaires, selon les moyens disponibles, pour faire en sorte que les docu- ments de voyage ou d’identité délivrés par les États participants ou pour leur compte soient d’une qualité telle qu’on ne puisse facilement en faire un usage impropre ou les falsifier ou les modifier, les reproduire ou les délivrer illicitement.
8. Légitimité et validité des documents 8.1 A la demande d’un autre État participant, vérifier, conformément à son droit interne et dans un délai raisonnable, la légitimité et la validité des documents de voyage ou d’identité délivrés ou censés avoir été délivrés en son nom, où il existe des motifs raisonnables de soupçonner qu’ils sont utilisés pour la traite des personnes. Action des institutions et organes de l’OSCE
9. Examen et réforme de la législation 9.1 Le BIDDH et, s’il y a lieu, les opérations de terrain, continueront à promouvoir et à appuyer les efforts visant à examiner et à réformer la législation conformément aux normes internationales. 9.2 L’OSCE renforcera sa coopération avec d’autres partenaires et organisations compétents.
10. Réaction des services de détection et de répression 10.1 L’Unité de l’OSCE pour les questions stratégiques de police continuera à promouvoir le concept de police de proximité. 10.2 L’Unité pour les questions stratégiques de police et le Bureau du Coordonnateur des activités économiques et environnementales de l’OSCE faciliteront l’échange d’informations entre États participants sur les meilleures pratiques devant être utilisées par les groupes chargés des enquêtes pour vérifier l’origine éventuellement criminelle et liée à la traite d’actifs suspects. 10.3 Le Bureau du Coordonnateur des activités économiques et environnementales coopérera en outre avec le Programme global contre le blanchiment des capitaux de l’Office des Nations Unies contre la drogue et le crime et utilisera ses bons offices pour promouvoir l’organisation dans les États participants intéressés d’ateliers sur la lutte contre le blanchiment de capitaux. 10.4 Dans le cadre de l’assistance qu’il apporte à l’élaboration de mécanismes nationaux d’orienta- tion, le BIDDH continuera à promouvoir et à encourager la coopération entre les services de détec- tion et de répression et la société civile.
11. Mesures disciplinaires 11.1 Le Bureau du contrôle interne est chargé de conserver des données sur les enquêtes concer- nant les infractions liées à la traite des êtres humains commises par des membres de mission et sur toutes les mesures prises ultérieurement à ce sujet. Le Secrétaire général est chargé de faire rapport régulièrement au Conseil permanent sur les mesures prises pour appliquer les règles applicables en cas de violation du Code de conduite, tout en respectant la vie privée des auteurs présumés.
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12. Formation 12.1 Le BIDDH et l’Unité de l’OSCE pour les questions stratégiques de police continueront à éla- borer, à l’intention des services de détection et de répression, des matériels de formation sur la traite des êtres humains et les enquêtes sur les crimes sexuels, à examiner avec l’International Law Enforcement Academy (ILEA), à Budapest, la possibilité d’incorporer cette formation dans les programmes de l’ILEA, à sélectionner des formateurs pour assurer la formation en matière de détection et de répression, et à contribuer au financement de séances de formation à l’intention des services de détection et de répression dans les États participants de l’OSCE. 12.2 Des partenaires internationaux, comme le Centre international pour le développement des politiques migratoires et l’Organisation internationale pour les migrations, dispensent des for- mations de base à la police sur la manière de réagir aux allégations de traite des êtres humains, et d’autres, tels que le Programme des Nations Unies pour le développement, organisent des for- mations avancées, mais il convient d’assurer une formation supplémentaire sur certains aspects des crimes sexuels, tels que les abus sexuels commis à l’encontre d’enfants. L’Unité de l’OSCE pour les questions stratégiques de police dispensera une formation de ce type en coopération avec le Fonds des Nations Unies pour l’enfance et d’autres organisations concernées.
13. Sécurité et contrôle des documents 13.1 Les organes compétents de l’OSCE, notamment l’Unité d’action contre le terrorisme, conti- nueront à faciliter l’organisation d’ateliers axés sur la détection de documents utilisés à des fins illégales en relation avec la traite des êtres humains, sur la détection de faux documents de voyage utilisés pour l’entrée de personnes victimes de la traite, et sur l’amélioration des moyens non tech- niques de détection, tels que les techniques d’interrogatoire. En outre, des ateliers porteront sur les moyens de protéger la liberté de circulation des personnes au-delà des frontières, dans les limites conformes aux engagements de l’OSCE en la matière.
IV. Les engagements pris par les États participants en matière de prévention figurent dans la Décla- ration ministérielle sur la traite des êtres humains adoptée à Porto en 2002, la Décision No 426 prise par le Conseil permanent de l’OSCE en 2001, la Décision du Conseil ministériel sur le renfor- cement des efforts de l’OSCE pour combattre la traite des êtres humains adoptée à Vienne en 2000, le Plan d’action de l’OSCE pour la parité entre les sexes approuvé par le Conseil permanent en 2000, la Charte de sécurité européenne adoptée à Istanbul en 1999, le Document de la Réunion de Mos- cou de la Conférence sur la dimension humaine de la CSCE adopté à Moscou en 1991, et l’Acte final de la Conférence sur la sécurité et la coopération en Europe adopté à Helsinki en 1975. Dans les documents mentionnés ci-dessus, les États participants se sont également entendus sur le rôle de l’OSCE dans ce domaine.
Action recommandée au niveau national
1. Collecte de données et études 1.1 Collecter des données distinctes relatives aux femmes, aux hommes et aux enfants victimes de la traite, et améliorer l’étude et l’analyse de sujets tels que la nature et l’ampleur de la traite des êtres humains et des mécanismes de traite et d’exploitation utilisés par les groupes criminels orga- nisés, afin d’élaborer des mesures efficaces et ciblées de prévention de la traite des êtres humains. Promouvoir les études et l’échange d’informations sur la traite des enfants. 1.2 Identifier les couches les plus vulnérables de la population et élaborer des campagnes de sen- sibilisation spécialement conçues à leur intention.
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1.3 Procéder à une analyse plus poussée des causes profondes de la traite des êtres humains, des facteurs de la demande et de l’offre en la matière, de ses réseaux et de ses répercussions écono- miques, ainsi que de ses liens avec les migrations illégales.
2. Mesures aux frontières 2.1 Sans préjudice des engagements internationaux relatifs à la libre circulation des personnes, ren- forcer, dans la mesure du possible, les contrôles aux frontières nécessaires pour prévenir et détec- ter la traite des êtres humains. 2.2 Adopter les mesures législatives ou autres appropriées pour prévenir, dans la mesure du possible, l’utilisation des moyens de transport exploités par des transporteurs commerciaux pour la com- mission d’infractions, telles que définies par les dispositions contre la traite. 2.3 Lorsqu’il y a lieu, et sans préjudice des conventions internationales applicables, obliger les trans- porteurs commerciaux, y compris toute compagnie de transport ou tout propriétaire ou exploitant d’un quelconque moyen de transport, à vérifier que tous les passagers sont en possession de docu- ments de voyage en cours de validité. Conformément au droit interne, prendre les mesures néces- saires pour prévoir des sanctions en cas de violation.
3. Politiques économiques et sociales visant à s’attaquer aux causes profondes de la traite des êtres humains 3.1 Dans les pays d’origine : • Considérer comme objectifs prioritaires le renforcement de la stabilité sociale, économique et politique, et la réduction tant des migrations provoquées par la pauvreté profonde que des fac- teurs de l’offre en matière de traite. Les politiques suivies pour chercher à atteindre ces objectifs devraient également promouvoir à la fois le développement économique et l’intégration sociale ; • Améliorer l’accès des enfants aux possibilités qui s’offrent en matière d’enseignement et de for- mation professionnelle et accroître le niveau de fréquentation scolaire, notamment des filles et des groupes minoritaires ; • Offrir davantage de possibilités d’emploi aux femmes en favorisant la création de débouchés pour les petites et moyennes entreprises (PME). Organiser des stages de formation pour PME en ciblant en particulier les groupes à haut risque. 3.2 Dans les pays de destination : • Mettre en œuvre des mesures visant à réduire « l’invisibilité de l’exploitation ». Un programme de suivi, de contrôles administratifs et de recueil de renseignements sur les marchés du travail et, le cas échéant, sur l’industrie du sexe, auquel participent plusieurs organisations, contribuera de manière significative à la réalisation de cet objectif ; • Envisager la libéralisation par les gouvernements de leurs marchés du travail afin d’accroître les possibilités d’emploi pour des travailleurs possédant une large gamme de niveaux de qualification ; • S’attaquer au problème de la main-d’œuvre non protégée, non officielle et souvent illégale, dans le but de parvenir à un équilibre entre la demande de main-d’œuvre peu coûteuse et les possi- bilités de migration régulière ; • Lutter contre les activités économiques parallèles qui sapent les économies et stimulent la traite. 3.3 Dans les pays d’origine ou dans les pays de destination : • Prendre des mesures pour accroître le niveau de protection sociale et créer des possibilités d’em- ploi pour tous ;
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• Prendre les mesures appropriées pour éliminer la discrimination à l’égard des femmes dans le domaine de l’emploi afin de garantir, sur la base de l’égalité entre les sexes, le droit à une rémunération égale pour un travail égal et le droit à l’égalité des chances en matière d’emploi ; • Lutter contre toutes les formes de discriminations à l’égard des minorités ; • Élaborer des programmes qui offrent des moyens de subsistance alternatifs et incluent une éducation de base, l’alphabétisation, l’aptitude à communiquer et d’autres compétences, et qui réduisent les barrières à l’entreprenariat ; • Favoriser la sensibilisation aux différences entre les sexes et l’éducation à des relations égales et respectueuses entre les sexes, prévenant ainsi la violence à l’égard des femmes ; • Faire en sorte que les politiques en place permettent aux femmes un accès égal aux ressources économiques et financières et le contrôle de ces ressources ; • Promouvoir les moyens de financement flexibles et l’accès au crédit, notamment les microcré- dits à faible taux d’intérêt ; • Promouvoir la bonne gouvernance et la transparence dans les transactions économiques ; • Adopter ou renforcer des mesures législatives, éducatives, sociales, culturelles ou d’autres mesures et, le cas échéant, la législation pénale, notamment dans le cadre d’une collaboration bilatérale et multilatérale, afin de décourager la demande qui favorise toutes les formes d’exploitation de personnes, en particulier des femmes et des enfants, et qui mène à la traite.
4. Activités de sensibilisation 4.1 Entreprendre, en coopération avec la société civile et les ONG, des campagnes d’information visant à sensibiliser l’opinion publique à la traite sous ses diverses formes, notamment aux méthodes employées par les trafiquants et aux risques encourus par les victimes. 4.2 Améliorer la connaissance du phénomène de la traite parmi les autorités d’immigration ainsi que le personnel consulaire et diplomatique pour qu’ils appliquent ces connaissances dans leurs contacts quotidiens avec les victimes potentielles. 4.3 Encourager les ambassades nationales à diffuser, notamment par l’intermédiaire d’ONG, des informations sur la législation nationale applicable, telle que le droit de la famille, le droit du tra- vail et la législation en matière d’immigration pouvant intéresser les migrants potentiels. 4.4 Renforcer la sensibilisation d’autres groupes cibles concernés à la traite des êtres humains, notamment les responsables de l’élaboration des politiques, les agents de la force publique, et autres personnels professionnels compétents, tels que les professionnels de la santé, les fonctionnaires des services sociaux et des services du travail, et le secteur privé, pour accroître leur capacité à s’at- taquer d’une manière appropriée à la traite et à renforcer leur capacité institutionnelle à contrer ce phénomène. 4.5 Encourager les sections consulaires et des visas des missions diplomatiques à utiliser des docu- ments imprimés et autres documents dans leurs activités impliquant des personnes à risque. 4.6 Accroître la sensibilisation des médias. La perception du problème de la traite des êtres humains par les médias devrait inclure une explication claire du phénomène et une description réaliste des victimes. Pour optimiser les connaissances et la sensibilisation de l’opinion publique, des cam- pagnes de lutte contre la traite devraient être menées avec des professionnels des médias. 4.7 Axer les campagnes de sensibilisation également sur les groupes les plus vulnérables, notam- ment les personnes appartenant aux minorités nationales, les enfants, les migrants et les personnes déplacées à l’intérieur de leur pays.
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4.8 Étendre les campagnes de sensibilisation aux petites villes et villages où les populations peuvent être particulièrement exposées. 4.9 Travailler dans les écoles et les universités ainsi que directement avec les familles pour atteindre les jeunes et les sensibiliser davantage à la traite. 4.10 S’attaquer, également au travers des médias, à la nécessité de réduire la demande de personnes faisant l’objet de la traite à des fins d’exploitation sexuelle, de travail forcé, d’esclavage ou d’autres pratiques analogues à l’esclavage et, à cet égard, promouvoir la « tolérance zéro » à l’égard de toutes les formes de traite. 4.11 Mettre en place des permanences téléphoniques médiatisées dans les pays d’origine, de tran- sit et de destination, dans un triple objectif : faire fonction de source indépendante de conseil et d’orientation aux victimes potentielles susceptibles d’envisager un emploi ou d’autres offres pour partir à l’étranger, faire fonction de premier point de contact permettant d’accéder à un méca- nisme d’orientation pour les victimes de la traite des êtres humains, et enfin, favoriser le signale- ment anonyme de cas réels ou présumés de la traite des êtres humains.
5. Mesures législatives 5.1 Adopter ou revoir la législation, les contrôles administratifs et les procédures concernant l’au- torisation et le fonctionnement des secteurs d’activité qui, selon les services de renseignements, peuvent être impliqués dans la traite, comme par exemple les agences pour l’emploi, les agences de voyage, les agences de travail au pair, les agences d’adoption ou les agences de vente d’épouses par correspondance, ainsi que les hôtels et les services d’escorte. 5.2 Veiller à ce que les mesures adoptées pour prévenir et combattre la traite des personnes n’aient pas d’effets négatifs sur les droits et la dignité des personnes, notamment leur liberté de circulation.
Action des institutions et organes de l’OSCE
6. Collecte de données et études 6.1 Intensifier la collecte de données et les études sur la traite des personnes, en particulier la traite des enfants, en tirant les enseignements des études déjà effectuées, et procéder à des échanges avec le Fonds des Nations Unies pour l’enfance et d’autres acteurs concernés. 6.2 Charger le point de contact du BIDDH pour les questions concernant les Roms et les Sintis de continuer à recueillir des données concernant la traite des êtres humains, en particulier des enfants, et ses conséquences sur les communautés de Roms et de Sintis.
7. Élimination des causes profondes de la traite des êtres humains 7.1 Le Bureau du Coordonnateur des activités économiques et environnementales appuiera la pro- motion et le développement de centres nationaux de ressources pour l’information publique afin de permettre à chacun de vérifier la légitimité des entreprises, en particulier celles qui préconisent un emploi à l’étranger, en évitant tout double emploi avec les services existants des chambres de commerce ou d’autres bureaux d’enregistrement des entreprises. Le Bureau du Coordonnateur des activités économiques et environnementales peut également servir d’intermédiaire et recueil- lir des exemples de bonne pratique sur les contrôles de légalité facilement disponibles et les trans- mettre aux États participants intéressés et/ou aux opérations de terrain de l’OSCE. 7.2 Le Bureau du Coordonnateur des activités économiques et environnementales continuera à promouvoir la formation à l’intention des petites et moyennes entreprises et à l’axer en particu- lier sur les groupes à haut risque, notamment en les aidant à élaborer une législation qui permette de réduire les obstacles à la création des petites et moyennes entreprises.
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7.3 Le Bureau du Coordonnateur des activités économiques et environnementales devrait élaborer des programmes visant à examiner les facteurs économiques qui rendent les femmes et les mino- rités plus vulnérables à la traite, notamment la discrimination sur les lieux de travail et les diffi- cultés d’accès au crédit.
8. Activités de sensibilisation 8.1 Le Bureau du Coordonnateur des activités économiques et environnementales et, s’il y a lieu, les opérations de terrain continueront à contribuer aux efforts de recherche, ainsi qu’à promou- voir et à mener des initiatives de sensibilisation en coopération avec les partenaires concernés dans tout l’espace de l’OSCE. 8.2 Le service de presse et d’information contribuera à sensibiliser davantage les médias aux acti- vités de l’OSCE dans le domaine de la traite. Le Bureau du Coordonnateur des activités écono- miques et environnementales, en coordination avec le BIDDH, renforcera les activités de formation concernant la responsabilité des médias à traiter avec certains égards de la question de la traite et à ne pas insister sur les stéréotypes négatifs. La formation mettra l’accent sur la complexité du phé- nomène de la traite et sur la nécessité d’y apporter une réponse globale. 8.3 Pour veiller à ce que le personnel des opérations de terrain de l’OSCE ne se livre pas à la traite des êtres humains ou ne la favorise sciemment, de quelque manière que ce soit, et pour satisfaire aux normes figurant dans la partie 4 du Code de conduite de l’OSCE qui fait partie intégrante du Statut du personnel, le Secrétaire général élaborera des instructions générales à l’intention du personnel qui seront examinées par le Conseil permanent le 15 novembre 2003 au plus tard. 8.4 Le Coordonnateur de la formation à l’OSCE, le Conseiller principal pour les questions de parité des sexes et le Coordonnateur principal pour les questions de sécurité continueront à utiliser les cours d’initiation pour concevoir et organiser la formation du personnel aux questions de parité des sexes, de traite des êtres humains et aux règles et directives applicables, en coopération avec le BIDDH, et à organiser des ateliers spéciaux sur le terrain. Les chefs des opérations de terrain veilleront à ce que la participation à ces cours de formation soit obligatoire pour tout le personnel. 8.5 Le Bureau du Coordonnateur des activités économiques et environnementales aidera à mobi- liser et à intensifier les efforts du secteur privé visant à lutter contre la traite des êtres humains par des campagnes de sensibilisation, et par la définition et la diffusion de meilleures pratiques, telles que l’autorégulation, de principes directeurs et de codes de conduite.
V. Protection et assistance
Les engagements pris par l’OSCE visant à apporter protection et assistance aux victimes de la traite des êtres humains figurent dans la Déclaration ministérielle sur la traite des êtres humains adop- tée à Porto en 2002, dans la Décision ministérielle No 6 adoptée à Bucarest en 2001, la Décision ministérielle No 1 adoptée à Vienne en 2000 ainsi que dans la Charte de sécurité européenne adop- tée à Istanbul en 1999. Action recommandée au niveau national
1. Collecte de données et études 1.1 Recueillir des données par l’échange et l’analyse des meilleures pratiques et d’autres informa- tions visant à assurer une protection et une assistance efficaces aux victimes de la traite dans les États participants de l’OSCE.
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2. Mesures législatives 2.1 Étudier la nécessité d’adopter une législation qui offre une base juridique à la fourniture d’une assistance et d’une protection aux victimes de la traite des êtres humains, en particulier au cours des enquêtes préliminaires et de la procédure judiciaire. 2.2 Ratifier le Protocole additionnel à la Convention des Nations Unies contre la criminalité trans- nationale organisée, visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants, ou y adhérer et l’appliquer pleinement.
3. Mécanismes national d’orientation* 3.1 Mettre en place des mécanismes nationaux d’orientation en créant un cadre de coopération à l’intérieur duquel les États participants s’acquittent de leurs obligations visant à protéger et à pro- mouvoir les droits de l’homme des victimes de la traite en coordination et partenariat stratégique avec la société civile et d’autres acteurs travaillant dans ce domaine. 3.2 Fournir des avis en vue de faciliter l’identification précise et le traitement approprié des vic- times de la traite des êtres humains, par des moyens qui respectent les opinions et la dignité des personnes concernées. 3.3 Combiner les efforts des services de détection et de répression, notamment des unités de spé- cialistes de la lutte contre la traite et de la police locale, des services d’immigration et de surveil- lance des frontières, des groupes de protection sociale, des institutions médicales ainsi que des ONG et d’autres institutions de la société civile en tant qu’acteurs les plus pertinents pour parti- ciper aux activités des mécanismes nationaux d’orientation. 3.4 Établir des mécanismes appropriés pour harmoniser l’assistance aux victimes avec les actions menées en matière d’enquêtes et de poursuites. 3.5 Accorder une attention particulière à la nécessité d’accroître la coopération entre la police et les ONG en vue d’identifier, d’informer et de protéger les victimes de la traite. 3.6 Associer les activités des mécanismes nationaux d’orientation avec celles des organismes inter- ministériels, des coordonnateurs nationaux, des ONG et d’autres institutions nationales pertinentes afin d’établir une équipe intersectorielle et multidisciplinaire capable de mettre au point et de sur- veiller l’application des politiques de lutte contre la traite.
4. Centres d’accueil 4.1 Créer des centres d’accueil, gérés par les organes gouvernementaux, les ONG et d’autres insti- tutions de la société civile afin de répondre aux besoins des victimes de la traite ; ces centres d’ac- cueil doivent être sûrs, fournir un accès à des avis et conseils, en toute indépendance, dans une langue que la victime comprend, une assistance médicale d’urgence et la possibilité d’un délai de réflexion après le traumatisme. Des centres d’accueil peuvent être créés dans des installations déjà existantes, telles que les centres d’accueil d’urgence à l’intention des femmes. 4.2 Fournir un accès aux centres d’accueil pour toutes les victimes de la traite, qu’elles soient ou non disposées à coopérer avec les autorités dans le cadre des enquêtes. 4.3 Veiller tout particulièrement à assurer la sécurité du personnel de ces centres d’accueil, la confi- dentialité des informations recueillies, ainsi que la sécurité et le respect de la vie privée des vic- times de la traite.
* Le Manuel du BIDDH sur les directives et principes régissant l’élaboration et la mise en œuvre des mécanismes nationaux d’orientation peut servir de source utile de conseils et d’informations sur le rôle de ces mécanismes nationaux d’orientation pour apporter assistance et protection aux victimes de la traite.
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4.4 Utiliser les centres d’accueil comme cadre pour dispenser aux victimes de la traite le type de for- mation qui facilitera leur réintégration, leur emploi et leur indépendance, et améliorera leur com- pétitivité après le traumatisme dont elles ont fait l’objet.
5. Fourniture de documents 5.1 Assurer la fourniture de documents, si nécessaire, comme première étape visant à préciser l’iden- tité et la situation des victimes dans les pays de destination pour permettre ainsi d’offrir diverses possibilités d’assistance dans les cas appropriés, tels que le rapatriement, de préférence librement consenti, l’octroi d’un permis de séjour temporaire ou permanent et/ou la légalisation de l’emploi. 5.2 Renforcer la coopération parmi les services de détection et de répression dans les pays d’ori- gine, de transit et de destination et parmi les responsables de toutes les institutions œuvrant au rétablissement des droits des victimes de la traite, notamment le personnel des ambassades et des consulats des États participants afin de faciliter la vérification rapide des données personnelles et d’éviter tout retard injustifié ou déraisonnable. 5.3 Informer les victimes identifiées de la traite de leurs droits d’accéder aux représentants diplo- matiques et consulaires du pays de leur nationalité.
6. Fourniture d’une assistance sociale 6.1 Mettre en place des programmes d’intégration et d’assistance sociale, des conseils juridiques dans une langue que les victimes comprennent, une assistance médicale et psychologique ainsi que des soins de santé dont elles peuvent disposer soit dans les centres d’accueil, soit dans d’autres institutions compétentes. 6.2 Envisager, lorsqu’elles ne sont pas incompatibles avec la législation nationale, des mesures juri- diques autorisant l’utilisation d’avoir confisqués pour compléter les fonds versés par les gouverne- ments à des programmes visant à satisfaire les besoins des victimes de la traite et compenser les victimes en fonction de la gravité du crime commis à leur encontre.
7. Rapatriement, réadaptation et réintégration 7.1 Favoriser le rapatriement — de préférence librement consenti — des victimes de la traite dans le pays d’origine, compte dûment tenu de leur sécurité et de celle de leur famille sans retard injus- tifié ou déraisonnable. 7.2 S’engager à faire respecter la légalité dans toutes les procédures de retour et de transfert des victimes tout en adoptant une attitude humaine et compatissante. 7.3 Envisager de contribuer à la réadaptation et la réintégration sociale des victimes de la traite en les faisant bénéficier d’avantages sociaux et économiques. 7.4 Accroître la sensibilisation des médias à la nécessité de protéger la vie privée des victimes en évitant que leur nom ne soit divulgué publiquement, ou que soient publiées des informa- tions confidentielles préjudiciables à leur sécurité ou ne servant pas la cause de la justice au cours de la procédure pénale.
8. Octroi d’un délai de réflexion et d’un permis de séjour permanent ou temporaire 8.1 Envisager l’introduction d’un délai de réflexion pour donner à la victime le temps nécessaire pour décider de témoigner ou non. 8.2 Envisager au cas par cas, s’il y a lieu, d’accorder un permis de séjour permanent ou temporaire, en tenant compte de facteurs tels que les dangers potentiels encourus par la victime.
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8.3 Envisager, le cas échéant, d’octroyer des permis de travail aux victimes pendant la durée de leur séjour dans le pays d’accueil.
9. Garantir le droit de demander l’asile 9.1 Faire le nécessaire pour que les lois, les politiques, les programmes et les initiatives de lutte contre la traite ne soient pas préjudiciables aux droits de chacun, notamment des victimes, face à la persécution, de demander et d’obtenir l’asile, conformément au droit international relatif aux réfugiés, en particulier en appliquant efficacement le principe du non-refoulement.
10. Protection des enfants 10.1 Faire le nécessaire pour que les besoins spécifiques des enfants et leur intérêt supérieur soient pleinement pris en considération lors de la prise de décisions sur l’hébergement, l’éducation et les soins appropriés les concernant. Dans certains cas, en l’absence de risque direct pour la sécurité de l’enfant, leur fournir la possibilité d’accéder aux systèmes éducatifs relevant de l’État. 10.2 Ne décider du rapatriement d’un enfant victime de la traite qu’après avoir pris pleinement en considération toutes les circonstances de chaque cas et que s’il existe une famille ou une insti- tution spécialisée dans le pays d’origine qui soit en mesure de veiller à la sécurité, à la protection, à la réadaptation et à la réintégration de l’enfant. 10.3 Examiner les dispositions énoncées dans les principes directeurs relatifs à la protection des mineurs non accompagnés du Haut Commissaire des Nations Unies pour les réfugiés lors de l’éla- boration de politiques visant ce groupe à risque et notamment les personnes qui ne possèdent pas de documents d’identité. 10.4 Recourir à des accords bilatéraux et/ou régionaux relatifs aux principes fondamentaux concer- nant la bonne réception des enfants non accompagnés afin de conjuguer tous les efforts visant à protéger les enfants. 10.5 Ratifier le Protocole facultatif à la Convention relative aux droits de l’enfant, concernant la vente d’enfants, la prostitution des enfants et la pornographie mettant en scène des enfants, ou y adhérer et le mettre pleinement en œuvre.
Action des institutions et organes de l’OSCE
11. Mécanisme national d’orientation 11.1 Renforcer les activités de l’OSCE, notamment du BIDDH, en aidant les États participants, s’ils le demandent, à mettre en place le mécanisme national d’orientation. 11.2 Prier l’Unité de l’OSCE pour les questions stratégiques de police, en même temps que le BIDDH, d’élaborer plus avant des directives et un manuel sur l’identification des victimes présumées de la traite des êtres humains et sur les preuves de la traite afin d’aider, s’il y a lieu, les États par- ticipants.
12. Réintégration 12.1 Le Bureau du Coordonnateur des activités économiques et environnementales favorisera les contacts entre les acteurs publics et privés afin d’encourager les entreprises à offrir des perspec- tives d’emploi aux victimes de la traite.
13. Protection des enfants 13.1 L’OSCE dans son ensemble, accordera une attention particulière à la question de la traite des enfants et à reconnaître la vulnérabilité des enfants non accompagnés. Des efforts devraient être
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déployés pour instaurer une coopération avec les agences internationales spécialisées, notam- ment le Fonds des Nations Unies pour l’enfance ainsi que les ONG internationales pertinentes, pour des réunions d’experts, la recherche et l’élaboration de directives visant à promouvoir l’in- térêt supérieur de l’enfant.
14. Formation 14.1 Charger le Coordonnateur de la formation à l’OSCE, le Conseiller principal pour les ques- tions de parité des sexes et le Coordonnateur principal pour les questions de sécurité en coopéra- tion avec le BIDDH d’élaborer, à l’intention de particuliers, d’organes gouvernementaux et non gouvernementaux, des documents indiquant la manière d’aider les victimes de la traite, en par- ticulier les enfants, et à fournir une formation appropriée aux membres des Missions de l’OSCE. Ces documents pourraient également être diffusés au personnel militaire, aux agents de maintien de la paix ainsi qu’à d’autres personnels internationaux de terrain. 14.2 Charger le BIDDH de recueillir et de diffuser des informations sur les mesures, les programmes de formation et les documents déjà existants dans les États participants de l’OSCE.
15. Mesures législatives 15.1 En coordination avec l’Office des Nations Unies contre la drogue et le crime, le Conseil de l’Eu- rope et les autres acteurs concernés, le BIDDH continuera à aider les États participants, sur leur demande, à mettre leur législation nationale en conformité avec les normes et règles internatio- nales, en encourageant en particulier une attitude humaine et compréhensive à l’égard des vic- times de la traite.
VI. Mécanismes de suivi et de coordination
Outre le suivi de la mise en œuvre des engagements de l’OSCE par les États participants par le biais des mécanismes existants de l’OSCE, notamment la Réunion annuelle sur la mise en œuvre des engagements concernant la dimension humaine, les conférences d’examen et manifestations per- tinentes dans le domaine de la dimension humaine. Le Conseil permanent recommande que les mesures ci-après soient prises au niveau national :
1. Envisager de nommer des Rapporteurs nationaux ou d’établir d’autres mécanismes, pour suivre les activités de lutte contre la traite menées par les institutions d’État et mettre en œuvre les obli- gations prévues par la législation nationale ;
2. Envisager de mettre en place des Commissions de lutte contre la traite (équipes spéciales) ou organes similaires chargés de coordonner les activités menées à l’échelle d’un pays dans les orga- nismes d’État et les ONG, et d’élaborer des mesures visant à prévenir la traite, à sanctionner leurs auteurs et à en protéger les victimes ;
3. Améliorer la coopération entre les institutions d’État et les ONG nationales chargées de fournir protection et assistance aux victimes de la traite, de combattre la violence à l’encontre des femmes et des enfants, de promouvoir l’égalité entre les sexes et de mener des campagnes de sensibilisa- tion aux questions des droits de l’homme ;
En outre, le Conseil permanent :
4. Charge la Présidence de mener des discussions sur le suivi de ce Plan d’action, notamment de consolider les structures en place, d’examiner la nécessité de mettre en place un nouveau méca- nisme visant à intensifier les efforts de lutte de l’OSCE contre la traite des êtres humains en renforçant
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le profil politique de l’Organisation et en conférant un rôle prioritaire à cette question, et de mieux coordonner les activités dans les trois dimensions de l’OSCE ;
5. Charge les structures concernées de l’OSCE d’accueillir et de faciliter la tenue de réunions annuelles, à Vienne, de coordonnateurs, de représentants ou d’experts nationaux de la lutte contre la traite, afin de suivre le processus de mise en œuvre du Plan d’action de l’OSCE. La possibilité leur sera ainsi donnée de constituer des réseaux, d’échanger des informations et d’arrêter les prio- rités en matière de coopération ;
6. Demande instamment que la coopération étroite entre le Secrétariat de l’OSCE, ses institutions et ses opérations de terrain se poursuive afin d’aider les États participants, s’il y a lieu, à mettre en œuvre le Plan d’action ;
7. Charge le BIDDH d’apporter l’assistance technique nécessaire aux États participants, le cas échéant, pour l’élaboration de plans d’action nationaux de lutte contre la traite, notamment de mesures législatives et d’autres mesures d’assistance visant à prévenir et combattre la traite des êtres humains et à en protéger les victimes de manière efficace ;
8. Charge les institutions et organes de l’OSCE de procéder, sur une base plus régulière et appro- fondie, à des échanges d’informations, à des collectes de données et à des études avec les organi- sations internationales pertinentes ;
9. Charge le BIDDH d’élaborer plus avant sa fonction de coordonnateur pour les échanges d’infor- mations, les contacts, les documents et les bonnes pratiques, et de renforcer ses activités de projet.
Décision No 3/03
Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE
Le Conseil ministériel,
Attaché au respect des droits de l’homme et des libertés fondamentales pour tous, sans discrimi- nation aucune fondée sur la race, la couleur, le sexe, la langue, la religion, l’opinion politique ou toute autre opinion, l’origine nationale ou sociale, la fortune, la naissance ou toute autre situation,
Appuyant l’adoption et la mise en œuvre d’une législation complète interdisant la discrimination en vue de promouvoir la pleine égalité des chances pour tous,
Reconnaissant les difficultés particulières rencontrées par les Roms et les Sintis et la nécessité d’adopter des mesures efficaces pour éliminer la discrimination à leur encontre et réaliser l’éga- lité des chances, conformément aux engagements de l’OSCE,
Reconnaissant que des progrès ont été accomplis tant dans la législation nationale que dans les pro- grammes d’action et que de considérables efforts ont été déployés par les États participants à cette fin,
Conscient dans le même temps qu’une action résolue s’impose encore pour améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE,
Notant la grande diversité culturelle, linguistique et historique des Roms et des Sintis ainsi que celle des structures et traditions nationales dans l’espace de l’OSCE,
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Notant les résultats obtenus par les importantes conférences et initiatives organisées récemment au niveau gouvernemental et non gouvernemental sur les Roms et les Sintis en Europe, notamment, le lancement de la « Décennie de l’intégration des Roms » et la création possible d’un « Forum euro- péen pour les Roms et les Voyageurs »,
Convaincu que les Roms et les Sintis devraient participer davantage à l’élaboration des politiques les concernant,
Décide d’approuver le Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’es- pace de l’OSCE, qui a été adopté par le Conseil permanent dans sa Décision No 566 en date du 27 novembre 2003, et qui est annexé à la présente décision.
Annexe à la Décision No 3/03
Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE
I. Champ d’application et objectifs
1. Le présent Plan d’action a pour but de renforcer les efforts déployés par les États participants et les institutions et structures compétentes de l’OSCE pour faire en sorte que les Roms et les Sin- tis soient en mesure d’occuper pleinement et sur un pied d’égalité la place qui leur revient dans nos sociétés, et à supprimer la discrimination à leur égard.
2. Le Plan d’action se fonde sur le cadre législatif international et régional en matière de droits de l’homme, sur les engagements existants de l’OSCE et sur des exemples des meilleures pratiques des pays de toute l’Europe où celles-ci sont en place, et il vise à favoriser de telles pratiques ailleurs. Les mesures spéciales prévues dans le Plan d’action en vue d’améliorer la situation des Roms et des Sintis s’inspirent de la Convention internationale sur l’élimination de toutes les formes de discri- mination raciale.*
3. Les États participants et les institutions de l’OSCE sont invités à appliquer le Plan d’action. Les communautés roms et sintis dans les États participants sont conviées à tenir compte des disposi- tions du Plan d’action et à contribuer activement à leur application.
II. Contexte général : pour et avec les Roms
4. Chaque politique ou stratégie nationale de mise en œuvre devrait : (1) répondre aux problèmes, aux besoins et aux priorités réels des communautés roms et sintis ; (2) être globale ; (3) introduire une approche équilibrée et viable combinant objectifs en matière de droits de l’homme et politique sociale ; et (4) impliquer au maximum les Roms dans les politiques qui les concernent. En même temps, les politiques nationales ou les stratégies de mise en œuvre devraient être adaptées et appli- quées conformément aux besoins spécifiques des populations roms et sintis dans les situations
* Le paragraphe 4 de l’article premier est libellé comme suit : « Les mesures spéciales prises à seule fin d’assurer comme il convient le progrès de certains groupes raciaux ou ethniques ou d’individus ayant besoin de la pro- tection qui peut être nécessaire pour leur garantir la jouissance et l’exercice des droits de l’homme et des liber- tés fondamentales dans des conditions d’égalité ne sont pas considérées comme des mesures de discrimination raciale, à condition toutefois qu’elles n’aient pas pour effet le maintien de droits distincts pour des groupes raciaux différents et qu’elles ne soient pas maintenues en vigueur une fois atteints les objectifs auxquels elles répondaient. »
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propres à chacun des États participants. Ces stratégies devraient également comprendre des méca- nismes visant à assurer l’application des politiques nationales au niveau local.
5. Les États participants et les institutions de l’OSCE compétentes devraient, dans leurs efforts, suivre le principe directeur selon lequel chaque politique et stratégie de mise en œuvre devrait être élaborée et appliquée avec la participation active des communautés roms et sintis. Il est indispen- sable d’assurer la participation effective des Roms et des Sintis à toutes les décisions qui influent sur leur vie. Les Roms et les Sintis devraient œuvrer au développement de ces stratégies au côté des autorités locales, nationales et internationales. De la même façon, les communautés roms devraient être considérées comme des partenaires égaux et partager la responsabilité de l’amélio- ration de leurs conditions de vie.
6. Il conviendrait de tenir compte, lors de la conception et de la mise en œuvre de l’ensemble des politiques et des programmes, de la situation particulière des femmes roms et sintis. Lorsque des mécanismes consultatifs et autres existent pour faciliter la participation des Roms et des Sintis à de tels processus d’élaboration de politiques, les femmes devraient être en mesure d’y partici- per sur un pied d’égalité avec les hommes. Les questions intéressant les femmes roms devraient être systématiquement prises en considération dans toutes les politiques appropriées conçues pour la population dans son ensemble.
III. Lutte contre le racisme et la discrimination
Afin de combattre les préjugés à l’égard des Roms et des Sintis et d’élaborer et d’appliquer vala- blement des politiques de lutte contre la discrimination et la violence raciales, les mesures sui- vantes sont recommandées :
Législation et mesures visant à en assurer le respect
Mesures recommandées aux États participants :
7. Envisager de ratifier dès que possible, s’ils ne l’ont pas déjà fait, les traités internationaux appro- priés, notamment la Convention internationale sur l’élimination de toutes les formes de discri- mination raciale.
8. Adopter et appliquer une législation efficace pour lutter contre la discrimination raciale et eth- nique dans tous les domaines, y compris, notamment, l’accès au logement, à la citoyenneté et à un domicile, à l’éducation, à l’emploi et aux services médicaux et sociaux. Associer les représentants des Roms et des Sintis à la conception, à la mise en œuvre et à l’évaluation de cette législation.
9. La législation en matière de lutte contre la discrimination devrait : • Interdire la discrimination raciale tant directe qu’indirecte ; • Imposer des sanctions efficaces, proportionnées et dissuasives pour les actes ou les pratiques discriminatoires ; • Imposer des peines plus lourdes pour les crimes à motivation raciale commis tant par des per- sonnes privées que par des agents publics ; • Garantir l’égalité d’accès à des recours efficaces (juridiques, administratifs, procédures de conci- liation ou de médiation).
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10. Il conviendrait de faire en sorte que la législation nationale interdise les actes discriminatoires quels qu’ils soient et que tous les cas suspectés de discrimination fassent l’objet d’une enquête approfondie et objective.
11. Créer, selon qu’il conviendra, des institutions spécialisées pour assurer la mise en œuvre d’une telle législation, ainsi que des mécanismes internes pour suivre les progrès accomplis à cet égard et en rendre compte régulièrement et de manière transparente. Encourager la participation de représen- tants des Roms et des Sintis à de tels organes, dont les travaux devraient être accessibles au public.
12. Élaborer, au besoin, des stratégies ou des plans d’action globaux au niveau national prévoyant des mesures concrètes pour lutter contre la discrimination dans tous les domaines de la vie, afin d’améliorer la situation des Roms et des Sintis.
13. Évaluer régulièrement, en particulier au niveau local, les résultats de ces stratégies et faire par- ticiper les communautés roms et sintis au processus d’évaluation.
14. S’employer, en encourageant un dialogue ou des consultations dignes de ce nom, ou par d’autres moyens appropriés, à améliorer les relations entre les Roms et les Sintis et le reste de la population, afin de promouvoir la tolérance et de surmonter les préjugés et les stéréotypes de part et d’autre.
15. Enregistrer, conformément aux normes nationales et internationales relatives à la protection des données, tous les types et cas pertinents de discrimination, afin d’être en mesure de mieux évaluer la situation des Roms et des Sintis et de mieux répondre à leurs besoins.
16. Enquêter, de manière énergique et efficace, sur les actes de violence commis à l’encontre des Roms et des Sintis, en particulier lorsque l’on peut raisonnablement penser qu’il s’agissait d’actes à motivation raciale, et poursuivre les responsables, conformément au droit interne et aux normes pertinentes en matière de droits de l’homme.
17. Veiller à ce que les auteurs d’actes discriminatoires ou violents ne restent pas impunis, notam- ment en faisant en sorte que la police mène des enquêtes et prenne des mesures punitives rapide- ment et de manière efficace.
18. Faciliter l’accès des Roms et des Sintis à la justice par des mesures comme l’aide juridique et la fourniture d’informations en romani.
19. Tenir compte, dans l’ensemble des mesures et des programmes, de la situation des femmes roms et sintis, qui sont fréquemment victimes de discriminations tant ethniques que sexuelles. Mesures recommandées aux institutions et aux structures de l’OSCE :
20. Le BIDDH et, s’il y a lieu, d’autres institutions et structures de l’OSCE, y compris les opéra- tions de terrain de l’OSCE, prêteront leur concours aux États participants, à leur demande, pour l’élaboration d’une législation antidiscrimination, et pour l’établissement d’organes chargés de lut- ter contre la discrimination.
21. Le Haut Commissaire pour les minorités nationales (HCMN) continuera, dans le cadre de son mandat, à suivre le développement de la législation antidiscrimination et, selon qu’il conviendra, fournira des conseils et une aide aux États participants à cet égard.
22. Sur demande, le BIDDH fournira des conseils aux États participants sur la manière dont leurs mécanismes existants, comme les bureaux du médiateur, les commissions chargées de lutter contre
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la discrimination, la police, les commissions disciplinaires et d’autres organes compétents peuvent atténuer les tensions entre les Roms et les Sintis et les autres communautés.
23. Le BIDDH/Point de contact pour les questions concernant les Roms et les Sintis s’emploiera à promouvoir de meilleures relations entre les organisations non gouvernementales (ONG) roms et sintis et les États participants.
24. Le Point de contact du BIDDH servira de centre d’échange d’informations sur les initiatives entreprises par les États participants et facilitera les échanges d’informations sur les meilleures pratiques.
25. En étroite coopération avec les États participants, avec les communautés roms et sintis et, si possible, avec d’autres organisations internationales, et en respectant pleinement les lois sur la pro- tection des données personnelles, le Point de contact du BIDDH recueillera des informations aux fins de l’élaboration de politiques mieux ciblées.
Police
Mesures recommandées aux États participants :
26. Élaborer des politiques visant à sensibiliser davantage les institutions chargées de l’applica- tion des lois à la situation des Roms et des Sintis et à lutter contre les préjugés et les stéréotypes.
27. Élaborer des programmes de formation visant à prévenir un usage excessif de la force et à pro- mouvoir une meilleure connaissance et le respect des droits de l’homme.
28. Élaborer des politiques destinées : (1) à améliorer les relations entre les communautés roms et sintis et la police, afin de prévenir les abus et la violence policière à l’égard des Roms et des Sin- tis ; et (2) améliorer la confiance dans la police parmi les Roms et les Sintis.
29. Élaborer des politiques et des procédures visant à assurer une réaction efficace de la police aux actes de violence à motivation raciale contre les Roms et les Sintis.
30. Évaluer le décalage entre les normes internationales et les pratiques nationales actuelles en matière de police en consultation avec les forces nationales de police, les ONG et les représen- tants des communautés roms et sintis.
31. Élaborer, le cas échéant et en partenariat étroit avec les organisations internationales et les ONG roms, des déclarations de politique générale, des codes de conduite, des manuels de recommanda- tions pratiques et des programmes de formation.
32. Encourager les Roms et les Sintis à travailler dans des institutions chargées de l’application des lois en tant que moyen durable de promouvoir la tolérance et la diversité.
Mesures recommandées aux institutions et aux structures de l’OSCE :
33. L’Unité pour les questions stratégiques de police au sein du Secrétariat et le BIDDH prêteront leur concours aux États participants pour l’élaboration de programmes et de mesures de renfor- cement de la confiance — comme la police de proximité — afin d’améliorer les relations entre les Roms et les Sintis et
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la police, en particulier au niveau local. 34. Le Point de contact du BIDDH et l’Unité pour les questions stratégiques de police élaboreront, dans le cadre de leurs mandats respectifs, un recueil des « meilleures pratiques » de la police dans l’espace de l’OSCE en ce qui concerne le maintien de l’ordre et les communautés roms et sintis.
35. Le HCMN, le Point de contact du BIDDH et l’Unité pour les questions stratégiques de police prêteront leur concours aux États participants pour l’élaboration de codes de conduite visant à empêcher le profilage racial et à améliorer les relations interethniques.
Médias
Mesures recommandées aux États participants :
36. Lancer des campagnes d’information et de sensibilisation dans le but de lutter contre les pré- jugés et les stéréotypes concernant les Roms et les Sintis.
37. Afin de renforcer la liberté d’expression, favoriser la formation des journalistes roms et sin- tis et leur emploi dans les médias, de manière à faciliter un accès plus large des Roms et des Sin- tis aux médias.
38. Encourager les médias à montrer les aspects positifs de la vie des Roms et à en présenter un tableau équilibré, à éviter les stéréotypes roms et sintis et à s’abstenir d’attiser les tensions entre les divers groupes ethniques. Organiser des tables rondes entre représentants des médias et repré- sentants des Roms et des Sintis afin de promouvoir ces objectifs. Mesures recommandées aux ins- titutions et aux structures de l’OSCE :
39. En coopération avec le BIDDH et avec les organisations internationales compétentes, le Repré- sentant pour la liberté des médias devrait examiner comment l’OSCE pourrait contribuer à l’éta- blissement d’une radio européenne des Roms qui émettrait dans toute l’Europe. Le BIDDH et le Représentant pour la liberté des médias devraient organiser des débats publics, des campagnes antidiscrimination et des programmes de formation communs avec les médias et à leur intention.
40. Le Représentant pour la liberté des médias devrait envisager de faciliter des séminaires de for- mation à l’intention des journalistes roms.
41. Le Point de contact du BIDDH et le Représentant pour la liberté des médias organiseront des tables rondes avec des journalistes sur l’image des communautés roms et sintis dans la société.
42. Le HCMN continuera à élaborer et à diffuser des directives à l’intention des responsables de l’éla- boration des politiques sur l’utilisation des médias publics de radiodiffusion dans les communautés multiculturelles, visant, notamment, à encourager le soutien en faveur des organismes de radiodif- fusion des minorités, y compris ceux des Roms et des Sintis, et à améliorer leur accès aux médias.
IV. Traitement des problèmes socio-économiques
Des mesures doivent être prises pour veiller à ce que les Roms et les Sintis jouissent des droits sociaux et économiques sur un pied d’égalité avec les autres. Il est particulièrement nécessaire de prendre des mesures à la base, et notamment les mesures émanant des groupes roms eux- mêmes, pour favoriser l’intégration des Roms et des Sintis à la vie sociale et économique et pour lutter contre leur isolement et leur pauvreté. L’OSCE et ses États participants devraient continuer à faciliter cette intégration.
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Conditions de logement et de vie
Mesures recommandées aux États participants :
43. Mettre en place des mécanismes et des procédures institutionnelles pour préciser les droits de propriété, régler les questions de possession et régulariser le statut juridique des Roms et des Sintis vivant dans des conditions de légalité incertaines (par exemple, quartiers roms sans titres fonciers ou non englobés dans les plans d’urbanisme de la localité principale ; familles et logements sans statut de résidence légale dans des établissements où les gens vivent de facto depuis des décennies).
44. Associer les Roms et les Sintis à la définition des politiques de logement et aux projets de construc- tion, de revitalisation et/ou d’entretien de logements sociaux qui leur sont destinés. Veiller à ce que les projets immobiliers ne favorisent pas la ségrégation ethnique et/ou raciale.
45. Envisager la possibilité de garantir des prêts aux États participants, qui pourront provenir d’or- ganisations internationales et d’institutions financières, en faveur des projets de logements desti- nés aux groupes sociaux à faibles revenus.
46. Promouvoir l’option des programmes de logement en copropriété pour les communautés roms et dispenser une formation appropriée à l’entretien des installations. Mesures recommandées aux les institutions et structures de l’OSCE :
47. Le Point de contact du BIDDH et le Bureau du Coordonnateur sont encouragés à jouer un rôle accru en facilitant la communication d’informations sur les ressources mises à disposition par des donateurs étrangers pour des projets déterminés, en particulier ceux émanant de groupes roms et sintis, qui ont trait au développement socio-économique des communautés roms et sintis, ainsi que l’accès à ces ressources. Chômage et problèmes économiques
Mesures recommandées aux États participants :
48. Favoriser une représentation accrue des Roms et des Sintis qualifiés dans les emplois publics.
49. Établir des programmes de formation afin de préparer les groupes sous-représentés comme les Roms et les Sintis à occuper un emploi dans l’administration publique locale et dans d’autres secteurs, et élaborer des politiques pour encourager l’emploi des diplômés de ces programmes comme fonctionnaires.
50. Réévaluer l’impact des programmes d’emplois subventionnés, en accordant une attention par- ticulière à leur volet formation, afin de veiller à ce que celui-ci vise à accroître la compétitivité des Roms et des Sintis sur le marché du travail.
51. Élaborer des politiques et des programmes, notamment en matière de formation professionnelle, pour améliorer les compétences monnayables et l’employabilité des Roms et des Sintis, en parti- culier des jeunes et des femmes.
52. Adopter des politiques sociales renforçant les incitations à recherche un emploi, en tant que moyen d’éviter durablement une dépendance à l’égard des prestations sociales.
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Mesures recommandées aux institutions et aux structures de l’OSCE :
53. A la demande des États participants, le Bureau du Coordonnateur, conjointement avec les orga- nisations internationales compétentes, contribuera à la mise au point d’approches destinées à remé- dier aux obstacles et à la discrimination empêchant les Roms et les Sintis de réaliser leur potentiel dans le domaine économique.
54. A la demande des États participants, le Point de contact du BIDDH et le Bureau du Coordon- nateur soutiendront le développement de l’employabilité et de l’esprit d’entreprise des Roms et des Sintis, en mettant sur pied des programmes de formation et de recyclage dans les États partici- pants. Les pratiques ayant donné de bons résultats, notamment en ce qui concerne le développement de l’esprit d’entreprise et les petites et moyennes entreprises (PME) (par exemple, le programme de séminaires pour jeunes entrepreneurs) pourraient être adaptées aux besoins des Roms et des Sintis. Le Bureau du Coordonnateur pourrait également faciliter l’insertion économique et sociale en jouant un rôle de catalyseur dans la fourniture, par des organisations partenaires et des institu- tions financières, d’un soutien aux programmes de microcrédits, sous la forme de prêts modestes pour la création de petites entreprises.
55. Le Bureau du Coordonnateur, agissant en contact étroit et en coopération avec d’autres orga- nisations internationales de manière à éviter les doubles emplois, peut aider les gouvernements à évaluer l’impact des politiques et processus économiques sur les communautés roms et sintis (en élaborant des indicateurs de résultats/d’évaluation des politiques).
56. Le Point de contact du BIDDH et le Bureau du Coordonnateur mettront à profit les études effectuées par le PNUD et d’autres organisations pour évaluer les besoins des Roms et des Sin- tis en vue de promouvoir des politiques qui tiennent compte de l’étendue et de la nature de leurs besoins particuliers dans chaque État participant.
57. En coordination avec les organisations internationales compétentes (en particulier, le PNUD et la Banque mondiale), le Point de contact du BIDDH et le Bureau du Coordonnateur étudieront des moyens d’améliorer l’accès des Roms et des Sintis aux programmes normaux de formation. Des débats dans le cadre d’ateliers ou de tables rondes adaptés aux besoins des Roms et des Sintis pourront être organisés en vue d’informer et d’éduquer les membres de ces communautés en ce qui concerne les droits économiques et sociaux des individus et des entrepreneurs.
Soins médicaux
Mesures recommandées aux États participants :
58. Veiller à ce que les Roms et les Sintis aient accès aux soins médicaux de manière non discri- minatoire.
59. Favoriser la sensibilisation aux besoins particuliers de la population rom et sinti parmi le per- sonnel de santé.
60. S’attaquer au problème de l’incidence élevée de la maladie et de la malnutrition parmi les com- munautés roms.
61. Encourager l’accès des Roms et des Sintis aux services généraux de santé publique à un stade précoce grâce aux mesures suivantes : (a) Informer les Roms et les Sintis de l’existence de ces services et leur dire comment s’en prévaloir ;
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(b) Accroître la confiance des Roms et des Sintis dans les prestataires publics de soins médicaux, notamment en punissant les cas de discrimination directe ou indirecte dont ont été victimes des Roms et des Sintis ; en formant les agents de santé afin qu’ils comprennent les aspects pertinents de la culture rom ; et en soutenant les médiateurs qui peuvent jouer un rôle important dans le com- blement du fossé entre les communautés roms et les prestataires publics de services médicaux.
62. Accorder une attention particulière à la santé des femmes et des jeunes filles grâce, notam- ment, aux mesures suivantes : (a) Promouvoir et/ou élaborer des programmes visant à fournir des informations sur les soins médi- caux (y compris la nutrition, les soins néonatals et la violence domestique, etc.) ; (b) Améliorer l’accès aux soins gynécologiques, y compris les services de soins prénatals, d’accouche- ment et de soins postnatals, grâce, notamment, à la fourniture de renseignements et de formations.
63. Accorder une attention particulière à la santé des enfants roms et sintis, grâce à la fourniture de soins pédiatriques appropriés, y compris les mesures préventives consistant, par exemple, à pro- poser des vaccinations dans les établissements roms.
Mesures recommandées aux institutions et aux structures de l’OSCE :
64. En coopération avec d’autres organisations internationales et des ONG, le BIDDH mettra à profit les données de recherche existantes pour déterminer les facteurs socio-économiques, politiques et culturels qui influent sur l’état de santé de populations roms et sintis particulières, et donnera des avis aux États participants sur les programmes de santé publique qui répondraient aux besoins recensés.
65. Le Point de contact du BIDDH et, s’il y a lieu, d’autres institutions et structures de l’OSCE, y compris ses opérations de terrain, aideront les États participants à lancer des initiatives pédago giques pour aider les Roms et les Sintis à tirer pleinement parti des services médicaux ordinaires. Ils collecteront, produiront et diffuseront notamment des informations pertinentes sur les bonnes pratiques.
66. Le Point de contact du BIDDH veillera avec une attention particulière à ce que les Roms et les Sintis aient accès aux programmes de prévention et/ou de traitement de l’abus des drogues et de la toxicomanie, ainsi que du SIDA et des maladies connexes.
V. Amélioration de l’accès à l’éducation
L’éducation est un préalable à la participation des Roms et des Sintis à la vie politique, sociale et économique de leurs pays respectifs sur un pied d’égalité avec les autres. L’adoption de mesures vigoureuses et immédiates dans ce domaine, en particulier pour favoriser la fréquentation scolaire et lutter contre l’analphabétisme, devrait bénéficier de la priorité la plus élevée de la part tant des décideurs que des communautés roms et sintis. Les politiques d’éducation devraient viser à inté- grer les Roms et les Sintis dans l’enseignement ordinaire en leur permettant d’y accéder pleine- ment et sur un pied d’égalité à tous les niveaux, tout en restant sensible aux différences culturelles.
Mesures recommandées aux États participants :
67. Veiller à ce que la législation nationale comporte des dispositions adéquates qui bannissent la ségrégation et la discrimination raciales dans l’enseignement et prévoie des recours efficaces contre les violations de cette législation.
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68. Consulter les représentants des Roms et des Sintis lors de la mise au point des politiques d’édu- cation qui les concernent.
69. Favoriser activement l’égalité des chances dans le domaine de l’éducation en faveur des enfants roms et sintis, notamment en leur fournissant une aide d’ordre linguistique ou autre.
70. Prendre des mesures spéciales en vue d’améliorer la qualité et l’efficacité de l’enseignement dispensé aux enfants roms et sintis. Encourager une représentation accrue des Roms et des Sin- tis parmi les enseignants.
71. Faire figurer l’histoire et la culture roms dans les manuels scolaires, en accordant une atten- tion particulière à ce qu’ont vécu les Roms et les Sintis pendant l’Holocauste.
72. Envisager de prendre des mesures destinées à assurer le respect, la protection et la promo- tion du romani et de son enseignement, ainsi que de la culture rom en tant que partie intégrante du patrimoine culturel rom et sinti.
73. Élaborer et mettre en œuvre des vastes programmes de déségrégation scolaire visant à (1) à mettre fin à la pratique qui consiste à orienter systématiquement les enfants roms vers des écoles ou des classes spéciales (par exemple, des écoles pour handicapés mentaux ou des écoles et des classes destinées exclusivement aux enfants roms et sintis) ; et (2) à transférer les enfants roms d’écoles spéciales dans des écoles ordinaires.
74. Allouer des ressources financières pour le transfert des enfants roms dans l’enseignement ordi- naire et pour l’élaboration de programmes de soutien scolaire destinés à faciliter le passage à l’en- seignement ordinaire.
75. Faciliter l’accès des enfants roms à l’enseignement ordinaire en prenant des mesures consis- tant par exemple : (a) A éliminer les manifestations de préjugés à l’encontre des Roms et des Sintis dans les écoles ; (b) A former les éducateurs à l’enseignement multiculturel et à la façon de traiter les classes plu- riethniques ; (c) A élaborer des stratégies visant à obtenir un soutien plus étendu de la communauté en faveur de la déségrégation scolaire ; (d) A fournir un appui pour combler le fossé entre les enfants roms et sintis et les autres élèves, notamment grâce à des programmes préscolaires destinés à préparer les enfants roms et sintis à l’école primaire ; (e) A fournir un soutien pour accroître le nombre des médiateurs/instructeurs et des enseignants issus des communautés roms.
76. Élaborer et mettre en œuvre des programmes d’enseignement antiracistes à l’intention des écoles et des programmes contre le racisme à l’intention des médias.
77. Élaborer des politiques abordant tout l’éventail des facteurs qui contribuent à une faible fré- quentation scolaire des enfants roms et sintis. Il s’agit, notamment, de faire en sorte que les familles roms et sintis disposent, comme les autres, de la documentation nécessaire pour les inscriptions.
78. Envisager d’élaborer des programmes de soutien social en faveur des familles roms à faible revenu qui ont des enfants d’âge scolaire.
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79. Favoriser une fréquentation scolaire régulière des enfants roms et sintis, grâce notamment à une participation de la famille et des médiateurs sociaux, à la promotion de la sensibilisation des parents et des notables des communautés roms et sintis à la responsabilité qu’ils ont de faciliter la fréquentation scolaire des enfants et, en particulier, à un accès égal à l’enseignement pour les filles.
80. Veiller avec une attention particulière à offrir aux jeunes filles roms et sintis des chances égales en matière d’enseignement et d’insertion sociale, et élaborer des programmes destinés à remédier à leur taux d’abandon scolaire particulièrement élevé.
81. Envisager d’élaborer des programmes appropriés à l’intention de ceux qui n’ont pas achevé l’école primaire ou qui sont illettrés.
82. Élaborer, au besoin, des programmes de bourses à l’intention des étudiants roms et encoura- ger ceux-ci à participer davantage aux programmes de bourses existants.
83. Encourager l’initiation à l’informatique des Roms et des Sintis grâce à la création de sites web d’information.
84. Évaluer périodiquement l’efficacité des politiques d’éducation. Mesures recommandées aux institutions et aux structures de l’OSCE :
85. Le HCMN encouragera les États participants à se conformer aux engagements qu’ils ont pris d’assurer à tous les membres de la société la liberté et l’égalité d’accès à l’enseignement public et les encourageront à prendre des mesures pour améliorer la situation des Roms et des Sintis à cet égard.
86. Le HCMN continuera à donner des orientations sur les modèles d’enseignement, le contenu des programmes scolaires et l’enseignement de, ou dans, la langue maternelle, y compris le romani.
VI. Accroissement de la participation à la vie publique et politique
Les Roms et les Sintis sont confrontés à des problèmes particuliers dans leurs efforts pour parti- ciper à la vie publique — et en particulier à la vie politique — de leur pays respectifs. De faibles niveaux d’éducation et, dans certains cas, une discrimination à leur encontre contribuent beau- coup à la sous-représentation des Roms et des Sintis à tous les échelons de l’administration. Les Roms et les Sintis ont le droit de participer sur un pied d’égalité aux affaires publiques. Ce droit englobe celui de voter, de se présenter aux élections, de participer aux affaires publiques et de for- mer des partis politiques sans discrimination. Les efforts faits ces dernières années, en particu- lier au sein des groupes roms eux-mêmes, pour favoriser une participation politique des Roms devraient être encouragés.
Mesures recommandées aux États participants :
87. Les États participants doivent veiller de manière volontariste à ce que les Roms et les Sintis dis- posent, tout comme les autres, des documents nécessaires, y compris de certificats de naissance, de documents d’identité et de certificats d’assurance maladie. Afin de résoudre les problèmes liés à l’absence de documents de base, il est vivement conseillé aux États participants d’œuvrer en parte- nariat avec les organisations civiles roms et sintis. 88. Les États participants sont encouragés à tenir compte des conditions fondamentales suivantes pour assurer une participation effective des Roms et des Sintis à la vie publique et politique : • Association à un stade précoce : Les Roms et les Sintis devraient être associés le plus tôt possible aux phases d’élaboration, de mise en œuvre et d’évaluation de toute initiative les concernant ;
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• Intégration : Les Roms et les Sintis devraient être intégrés aux processus consultatifs officiels, et il faudrait assurer l’efficacité des mécanismes mis en place pour les faire participer à l’élaboration des grandes orientations politiques en les impliquant dans un processus largement représentatif ; • Transparence : Il conviendrait de diffuser les programmes et les propositions suffisamment long- temps avant les échéances pour la prise de décisions afin que les représentants des communau- tés roms et sintis puissent les analyser et y contribuer valablement ; • Participation effective des Roms et des Sintis à tous les niveaux de gouvernement : La partici- pation des Roms et des Sintis à l’administration locale est indispensable pour la mise en œuvre efficace des politiques qui les concernent ; • Prise en charge : Les Roms et les Sintis jouent un rôle essentiel et irremplaçable pour ce qui est de veiller au respect, dans la pratique, de leur droit de participer au processus politique.
89. Les mandataires élus devraient établir des relations de travail étroites avec les communautés roms et sintis.
90. Établir des mécanismes visant à assurer une communication sur un pied d’égalité, directe et ouverte entre les représentants des Roms et des Sintis et les pouvoirs publics, notamment les organes consultatifs.
91. Faciliter l’interaction entre les dirigeants politiques aux niveaux local et national et les divers groupes roms.
92. Organiser des campagnes de sensibilisation afin d’accroître la participation de l’électorat rom aux élections.
93. Faire en sorte que les électeurs roms puissent effectuer des choix libres et informés lors des élections.
94. Prendre des mesures visant à garantir aux femmes des droits de vote égaux, notamment en veil- lant à l’application des interdictions concernant le « vote familial ».
95. Encourager les Roms et les Sintis à jouer un rôle plus actif dans les services publics, y com- pris, au besoin, par l’introduction de mesures spéciales visant à promouvoir leur participation dans ce domaine.
96. Favoriser la représentation des Roms et des Sintis à des postes pourvus par voie d’élections ou de nominations à tous les niveaux du gouvernement.
97. Donner aux Roms et aux Sintis les moyens de participer aux processus décisionnels des États et des localités et les intégrer à ces processus en qualité de représentants élus de leurs communau- tés et en tant que citoyens de leurs pays respectifs.
98. Promouvoir la participation des femmes roms à la vie publique et politique ; les femmes roms devraient être en mesure de participer, sur un pied d’égalité avec les hommes, aux mécanismes consultatifs et autres destinés à améliorer l’accès à tous les domaines de la vie publique et politique. Mesures recommandées par les institutions et structures de l’OSCE :
99. Le BDDH et, s’il y a lieu, d’autres institutions et structures de l’OSCE, notamment ses opéra- tions de terrain, élaboreront des programmes visant à faciliter l’inscription nécessaire pour par- ticiper pleinement à la vie politique.
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100. Le Point de contact du BIDDH devrait aider à organiser des formations dispensées par et pour des ONG roms, notamment des organisations de médias, à l’intention des communautés roms sur la question des processus et de la participation démocratiques.
101. Le BIDDH et, s’il y a lieu, d’autres institutions et structures de l’OSCE, y compris ses opéra- tions de terrain, élaboreront et mettront en œuvre des programmes d’éducation et d’inscription des électeurs.
102. Le BIDDH favorisera les échanges d’informations et de meilleures pratiques entre les États participants et d’autres organisations internationales.
103. Le BIDDH poursuivra et renforcera la pratique consistant à observer la participation des Roms aux scrutins et aux processus électoraux, et continuera à inclure des experts roms et sintis dans ses missions d’observation électorale dans l’espace de l’OSCE.
104. Le HCMN continuera, dans le cadre de son mandat, à conseiller les États sur les moyens appropriés de faciliter la participation des Roms et des Sintis à tous les domaines de la vie publique.
105. Le Point de contact du BDDH et, s’il y a lieu, d’autres institutions et structures de l’OSCE, y compris ses opérations de terrain, mettront au point des programmes pour encourager les repré- sentants des Roms et des Sintis à se porter candidats à des fonctions au sein d’organes élus ou identifieront des solutions créatives qui permettraient d’assurer leur participation aux processus décisionnels nationaux et locaux.
106. Le BIDDH accordera une attention particulière aux activités visant à améliorer l’accès des femmes roms à tous les domaines de la vie publique et politique.
VII. Les Roms et les Sintis dans des situations de crise et d’après crise
Les États participants ont l’obligation de veiller à ce que tous les droits fondamentaux, y compris les droits des réfugiés découlant des instruments internationaux appropriés, comme la Conven- tion de 1951 relative au statut des réfugiés et son Protocole de 1967, soient garantis sans discri- mination, même dans des situations de crise et d’après crise. Ils tiendront compte des Principes directeurs de l’Organisation des Nations Unies relatifs au déplacement de personnes à l’intérieur de leur propre pays, en tant que cadre utile pour le travail de l’OSCE et pour leurs efforts visant à faire face au problème du déplacement interne.
Mesures recommandées aux États participants :
107. Prendre l’avis des populations roms et sintis lors de la définition des situations de crise afin de faciliter les procédures adéquates, d’identifier les régions géographiques spécifiques d’où fuient les réfugiés et les personnes déplacées et de veiller à ce qu’il soit tenu compte de la situation par- ticulière des Roms et des Sintis.
108. Veiller à dûment enregistrer les populations roms et sintis en situation de déplacement forcé (réfugiés et personnes déplacées à l’intérieur de leur pays) et à leur fournir les documents nécessaires. 109. Les États participants devraient veiller à ce que des programmes soient en place pour permettre aux réfugiés et aux personnes déplacées roms et sintis de prendre en connaissance de cause une décision concernant des solutions durables à leur situation, notamment pour ce qui est de l’exer- cice de leurs droits à un retour sûr, dans la dignité et durable. Ces programmes devraient fournir
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aux réfugiés et aux personnes déplacées à l’intérieur de leur pays des informations concrètes sur chacun de leurs sujets de préoccupation et être disponibles dans les langues appropriées.
110. Faire en sorte que les réfugiés roms et sintis soient traités conformément aux normes et aux standards internationaux en matière de protection, et d’une manière non discriminatoire.
111. Tirer parti du rôle du BIDDH dans le domaine de la prévention des conflits et de l’identifi- cation des régions dans lesquelles une intervention précoce s’impose, et faire appel à l’expérience du HCMN de l’OSCE à cet égard.
112. Accorder une attention particulière aux besoins des femmes et des enfants roms et sintis dans les situations de crise et d’après crise, notamment en leur donnant accès aux soins de santé, à des logements et à l’éducation.
Mesures recommandées aux institutions et aux structures de l’OSCE :
113. Le BIDDH mettra à profit son rôle spécifique dans le domaine de la prévention des conflits et de l’identification des régions potentielles de crise qui requièrent une intervention précoce.
114. Conformément à son mandat, le Point de contact du BIDDH est invité à réagir efficacement aux situations de crise, notamment en coopérant avec les gouvernements, les organes intergouver- nementaux et les organisations internationales compétents, en particulier le HCR, afin d’assurer la protection des communautés roms en situation de risque.
115. Le Point de contact du BIDDH s’attachera à sensibiliser davantage les agents publics, les journalistes et d’autres personnes à la situation des Roms et des Sintis dans les zones de crise ou de conflit. 116. Le BIDDH s’emploiera activement à analyser les mesures prises par les États parti- cipants à l’égard des Roms et des Sintis et offrira ses conseils en vue de mieux s’attaquer à ces élé- ments de tension dans des situations locales particulières qui peuvent dégénérer, si rien n’est fait pour l’empêcher, en situations de conflit ouvert.
117. Le HCMN continuera à s’acquitter de son mandat de prévention des conflits au stade le plus précoce possible.
VIII. Renforcement de la coopération et de la coordination avec d’autres organisations et ONG internationales
Compte tenu de l’attention accrue que plusieurs organisations internationales accordent aux ques- tions concernant les Roms et les Sintis, la coordination et la coopération sont indispensables afin d’éviter le chevauchement d’activités. Aux fins d’assurer la mise en œuvre efficace du Plan d’ac- tion, l’OSCE et, en particulier, le BIDDH, coopéreront étroitement avec les organisations interna- tionales et les organisations non gouvernementales.
118. Le Point de contact du BIDDH continuera à participer activement au Groupe de contact infor- mel des organisations intergouvernementales sur les questions concernant les Roms.*
* Le Groupe de contact informel des organisations intergouvernementales sur les questions concernant les Roms est composé de représentants de l’OSCE/BIDDH, du Conseil de l’Europe, de la Commission européenne et de l’Union européenne.
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119. Le renforcement et la revalorisation de cet organe informel seront convenus et menés à bien en coopération avec tous les partenaires compétents, notamment en faisant appel à la participa- tion de représentants des États participants de l’OSCE. Il sera envisagé de tenir régulièrement des réunions du Groupe de contact informel au niveau des experts ou à un niveau plus élevé, si l’on juge que c’est nécessaire, dans le but de contribuer à cet objectif.
120. Le Groupe de contact informel devrait définir des orientations et des priorités communes et améliorer la coordination et la coopération afin d’éviter le chevauchement d’activités.
121. Le Point de contact du BIDDH s’attachera à consolider le « Groupe de contact international des Roms »* et continuera à contribuer à l’initiative du Conseil de l’Europe visant à créer un Forum européen pour les Roms et les voyageurs.
122. Le Point de contact du BIDDH fournira des informations et des services de coordination aux institutions nationales et internationales compétentes, et il facilitera le dialogue entre ces der- nières et avec les ONG roms.
123. Le Point de contact du BIDDH s’emploiera à renforcer ses relations avec les organisations roms et sintis et les aidera à coordonner leurs efforts et leurs ressources, tant dans chacun des États qu’au-delà des frontières, et à tirer pleinement parti des possibilités qu’offrent les politiques natio- nales et internationales en vigueur concernant les Roms et les Sintis.
124. Le Point de contact du BIDDH tirera parti de l’expérience et de l’apport des projets de suivi existants élaborés par d’autres organisations internationales.
IX. Point de contact du BIDDH pour les questions concernant les Roms et les Sintis
125. En cas de besoin, le Point de contact du BIDDH facilitera l’échange d’informations entre les États participants de l’OSCE qui ont élaboré des politiques nationales concernant les Roms et les Sintis ou qui cherchent à les améliorer.
126. Sur demande, le Point de contact du BIDDH conseillera les États participants sur les poli- tiques à adopter à l’avenir en ce qui concerne les Roms et les Sintis et favorisera le débat entre les gouvernements et les ONG roms.
127. Le Point de contact du BIDDH apportera son soutien au renforcement des capacités des ONG roms et sintis.
128. Le Point de contact créera une base de données des meilleures pratiques dans les États par- ticipants de l’OSCE.
129. Le Point de contact du BIDDH devrait jouer un rôle actif dans l’analyse des mesures prises par les États participants, ainsi que lors de situations particulières et d’incidents concernant les Roms et les Sintis. A cette fin, le Point de contact établira et entretiendra des contacts directs avec les États participants et leur offrira des conseils et des avis.
* Le Groupe de contact international des Roms a été créé en octobre 2000 à l’initiative du Point de contact du BIDDH pour les questions concernant les Roms et les Sintis. Le Groupe de contact comprend des représen- tants de l’Union internationale des Roms, du Congrès national des Roms, des représentants élus des Roms, des experts roms et le Point de contact du BIDDH.
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130. Les gouvernements concernés coopéreront avec le Point de contact du BIDDH à l’identifica- tion de solutions efficaces aux situations de crise.
131. Le Point de contact du BIDDH fournira aux communautés roms et sintis davantage d’infor- mations sur les ressources et les activités de l’OSCE.
132. En coopération avec les institutions et les structures compétentes de l’OSCE, le BIDDH prendra des mesures appropriées pour s’attaquer aux causes profondes de la traite des êtres humains, en par- ticulier des enfants, et sensibilisera davantage les communautés roms et sintis à ses conséquences.
X. Mise en œuvre : examen et évaluation
133. La mise en œuvre des dispositions du Plan d’action fera l’objet d’un examen dans le cadre des réunions sur la mise en œuvre des engagements concernant la dimension humaine, des conférences d’examen et d’autres manifestations pertinentes concernant la dimension humaine.
134. Se fondant sur les résultats des réunions mentionnées ci-dessus, ainsi que sur l’apport du Groupe de contact informel élargi des organisations intergouvernementales sur les questions concernant les Roms et du Groupe de contact international des Roms, le Directeur du BIDDH fera rapport au Conseil permanent, qui pourra recommander aux États participants et aux institutions de l’OSCE des priorités en matière de coopération et de coordination.
135. Le Conseil permanent organisera régulièrement des réunions informelles d’information du Point de contact pour les questions concernant les Roms et les Sintis sur les domaines couverts par le présent Plan d’action, afin d’évaluer l’impact aux niveaux national et local des mesures qu’il prévoit.
136. Dans le but de faciliter la mise en œuvre du processus d’examen, les États participants de l’OSCE sont invités à fournir des informations sur des faits récents intéressant la situation des Roms et des Sintis et/ou sur des mesures inspirées par le présent Plan d’action, selon le cas lors des réunions sur la mise en œuvre des engagements concernant la dimension humaine, en préalable aux confé- rences d’examen et au Conseil permanent.
137. Toutes les institutions et structures compétentes de l’OSCE, y compris ses opérations de ter- rain, continueront à coopérer étroitement avec les États participants afin de les aider à mettre en œuvre le présent Plan d’action.
138. Le Point de contact du BIDDH diffusera des informations sur ce Plan auprès des commu- nautés et des organisations roms et sintis, ainsi qu’auprès d’autres organisations internationales.
139. Afin de permettre au Point de contact du BIDDH de s’acquitter des tâches qui lui sont confiées dans le présent Plan d’action, le Conseil permanent de l’OSCE s’efforcera de mettre à sa disposi- tion les ressources humaines et financières appropriées. Les modalités pratiques seront définies par le Comité consultatif de gestion et finance et soumises au Conseil permanent.
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Décision no 4/03
Tolérance et non-discrimination
Le Conseil ministériel,
Reconnaissant que le respect des droits de l’homme et des libertés fondamentales, de la démocra- tie et de l’État de droit sont au cœur du concept global de sécurité de l’OSCE,
Rappelant ses engagements au titre de la dimension humaine consacrés dans l’Acte final d’Helsinki, la Charte de Paris pour une nouvelle Europe, la Charte de sécurité européenne (Sommet d’Istan- bul, 1999) et dans tous les autres documents et décisions pertinents de l’OSCE,
Rappelant la Décision No 6 sur la tolérance et la non-discrimination, adoptée à la dixième Réu- nion du Conseil ministériel à Porto, le 7 décembre 2002,
Réaffirmant son engagement à promouvoir la tolérance et à lutter contre la discrimination et sa préoccupation face à toute manifestation de nationalisme agressif, de racisme, de chauvinisme, de xénophobie, d’antisémitisme et d’extrémisme violent dans tous les États participants, ainsi que face à la discrimination fondée, notamment, sur la race, la couleur, le sexe, la langue, la religion ou la croyance, les opinions politiques ou autres, l’origine nationale ou sociale, la fortune, la nais- sance ou sur toute autre situation,
Priant instamment les autorités compétentes de tous les États participants de continuer à condam- ner publiquement, à un niveau approprié et de façon appropriée, les actes violents motivés par la discrimination et l’intolérance,
Affirmant son engagement à redoubler d’efforts pour promouvoir la tolérance et la non-discrimi- nation dans tous les domaines,
Se félicitant des travaux accomplis par l’OSCE en 2003,
1. S’engage à promouvoir la mise en œuvre du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE ;
2. Décide d’intensifier les efforts déployés pour renforcer la participation des femmes et leur rôle dans la consolidation de la démocratie et du développement économique et d’envisager d’intégrer les dispositions du Plan d’action de l’OSCE concernant l’égalité entre les sexes, le cas échéant, dans les politiques nationales. Décide, en outre, de redoubler d’efforts pour parvenir à une parité des sexes à tous les niveaux au sein de l’OSCE, en tenant dûment compte, à cet égard, du principe visant à engager du personnel de tous les États participants sur une base équitable. Réaffirme que l’OSCE encourage la candidature de femmes aux postes de l’OSCE ;
3. Décide d’assurer le suivi des travaux engagés lors de la Conférence de l’OSCE sur l’antisémitisme, tenue à Vienne les 19 et 20 juin 2003, et se félicite de la proposition de l’Allemagne d’accueillir une deuxième conférence de l’OSCE sur la question, à Berlin, les 28 et 29 avril 2004 ;
4. Décide d’assurer le suivi des travaux engagés lors de la Conférence de l’OSCE sur le racisme, la xénophobie et la discrimination, tenue à Vienne les 4 et 5 septembre 2003, et se félicite de la pro- position de la Belgique d’accueillir une deuxième conférence de l’OSCE sur la question, à Bruxelles, en automne 2004 ;
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5. Charge le Conseil permanent de poursuivre l’examen, en plus des deux conférences susmention- nées, des moyens de renforcer les efforts de l’OSCE et des États participants en vue de promouvoir la tolérance et la non-discrimination dans tous les domaines ;
6. Encourage tous les États participants à recueillir et à conserver des informations et des sta- tistiques fiables sur les crimes inspirés par la haine, notamment sur les manifestations violentes de racisme, de xénophobie, de discrimination et d’antisémitisme, comme évoqué et recommandé lors des conférences susmentionnées. Reconnaissant l’importance de la législation visant à lutter contre les crimes inspirés par la haine, les États participants informeront le BIDDH de la législa- tion existante sur les crimes découlant de l’intolérance et de la discrimination et, le cas échéant, solliciteront l’assistance du BIDDH pour la rédaction et la révision d’une telle législation ;
7. Charge le BIDDH, en coopération, notamment, avec le Comité des Nations Unies sur l’élimina- tion de la discrimination raciale (CERD), la Commission européenne contre le racisme et l’into- lérance (ECRI) et l’Observatoire européen des phénomènes racistes et xénophobes (EUMC), ainsi que les ONG compétentes, de recueillir les informations et les statistiques rassemblées par les États participants et de faire rapport régulièrement sur ces questions, notamment dans le cadre de la Réu- nion sur la mise en œuvre des engagements concernant la dimension humaine, afin de déterminer les priorités futures. Le BIDDH encouragera, notamment, les meilleures pratiques et diffusera les leçons acquises dans la lutte contre l’intolérance et la discrimination ;
8. Reconnaît la nécessité de lutter contre les crimes inspirés par la haine qui peuvent être alimentés par la propagande raciste, xénophobe et antisémite sur Internet. Nous nous félicitons de la propo- sition de la France d’accueillir à Paris, en 2004, une réunion prospective, dans le plein respect des droits à la liberté d’information et d’expression, qui portera sur la relation entre la propagande sur Internet et les crimes inspirés par la haine ;
9. Affirme l’importance de la liberté de pensée, de conscience, de religion ou de conviction, et condamne toute discrimination et tout acte de violence, notamment à l’encontre de tout groupe religieux ou de tout croyant. S’engage à assurer et à favoriser la liberté de chacun de professer et de pratiquer une religion ou une croyance, seul ou en communauté avec d’autres, si nécessaire par des lois, règlements, pratiques et politiques transparents et non discriminatoires. Encourage les États participants à solliciter l’assistance du BIDDH et de son groupe consultatif d’experts sur la liberté de religion ou de conviction. Souligne qu’il importe de poursuivre et d’intensifier le dia- logue entre religions ou croyances afin de favoriser le progrès de la tolérance, du respect et de la compréhension mutuelle ;
10. Veille à la promotion de l’application des engagements de l’OSCE sur les minorités nationales, et reconnaît l’importance des recommandations du Haut Commissaire pour les minorités natio- nales concernant l’éducation, la participation à la vie publique et la langue, notamment sur son usage dans les médias, et des recommandations pertinentes du Représentant pour la liberté des médias à cet égard ;
11. S’engage à lutter contre la discrimination envers les travailleurs migrants. S’engage, en outre, à favoriser l’intégration des travailleurs migrants dans les sociétés où ces travailleurs résident léga- lement. Prie le BIDDH de renforcer ses activités à cet égard ;
12. S’engage, dans ce contexte, à combattre, sous réserve de la législation nationale et des enga- gements internationaux, la discrimination, là où elle existe, à l’encontre des demandeurs d’asile et des réfugiés, et prie le BIDDH de renforcer ses activités à cet égard ;
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13. Prend en considération les Principes directeurs des Nations Unies relatifs au déplacement de per- sonnes à l’intérieur de leur propre pays comme cadre utile aux travaux de l’OSCE et aux efforts des États participants visant à ce que les déplacements internes bénéficient d’une plus grande attention ;
14. Décide que l’OSCE, en examinant les mesures contenues dans le présent document, renforcera ses efforts en faveur des jeunes générations pour leur faire comprendre la nécessité de la tolérance. L’éducation dans le domaine des droits de l’homme mérite une attention particulière ;
15. Décide d’intensifier la coopération de l’OSCE avec des organisations internationales compé- tentes telles que les Nations Unies, le Conseil de l’Europe et l’Union européenne, ainsi qu’avec la société civile et des organisations non gouvernementales compétentes afin de promouvoir la tolé- rance et la non-discrimination ;
16. Charge le Conseil permanent, le BIDDH, le Haut Commissaire pour les minorités nationales et le Représentant pour la liberté des médias d’assurer, en étroite coopération avec la Présidence en exercice, un suivi efficace des dispositions pertinentes de la présente décision, et demande au Conseil permanent d’étudier les modalités d’application, et de financement nécessaires à la mise en œuvre de la présente décision.
Décision No 5/03
Élections
Le Conseil ministériel, Réaffirmant les dispositions du Document de la Réunion de Copenhague de la Conférence sur la dimension humaine de la CSCE (1990),
Notant que les dispositions pertinentes de la Déclaration du Sommet de Lisbonne (1996) et de la Déclaration du Sommet d’Istanbul (1999) ont complété ces engagements,
Réaffirmant sa ferme intention d’exécuter ces engagements,
Rappelant la Décision No 7 adoptée à la dixième Réunion du Conseil ministériel de l’OSCE tenue à Porto en 2002,
Reconnaissant que des élections démocratiques peuvent avoir lieu sous divers systèmes électoraux et avec des lois électorales différentes,
Conscient de l’expérience et du BIDDH en matière d’aide aux États participants dans l’exécution de leurs engagements et normes ayant trait aux élections,
Se félicitant de la poursuite d’une coopération efficace entre le BIDDH et l’Assemblée parlemen- taire de l’OSCE en matière d’observation des élections,
Se félicitant du document « Existing Commitments for Democratic Élections in OSCE Participa- ting States : A Progress Report » (ODIHR.GAL/39/03), qui a été établi par le BIDDH et présenté aux États participants en juin de cette année,
Sachant en particulier que la confiance de l’électorat dans tout le processus, la transparence des procédures électorales et la responsabilité des autorités chargées de la conduite des élections sont nécessaires, prie les États participants d’intensifier leur coopération avec le BIDDH dans ce domaine,
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Charge le BIDDH d’examiner les moyens d’améliorer l’efficacité de son assistance aux États parti- cipants pour le suivi des recommandations faites dans les rapports d’observation des élections par le BIDDH et d’informer le Conseil permanent des progrès accomplis dans l’exécution de cette tâche ;
Charge le Conseil permanent d’envisager, en tirant parti de l’expérience du BIDDH, la nécessité d’élaborer des engagements supplémentaires en matière d’élections qui complètent les engage- ments existants et de faire rapport au prochain Conseil ministériel.
Décision No 6/03
Mandat du Réseau contre-terroriste de l’OSCE
Le Conseil ministériel,
Reconnaissant la nécessité de renforcer la coordination des mesures antiterroristes et l’échange d’informations entre les États participants de l’OSCE et au sein de leurs capitales,
Rappelant la Décision No 1 (MC(10).DEC/1 du 7 décembre 2002) de la dixième Réunion du Conseil ministériel sur la mise en œuvre des engagements et activités de l’OSCE liés à la lutte contre le ter- rorisme,
Décide d’établir le Réseau contre-terrorisme de l’OSCE, conformément au mandat qui figure dans l’annexe à la présente décision.
Annexe à la Décision No 6/03
Mandat du Réseau contre-terrorisme de l’OSCE
Le Réseau contre-terrorisme de l’OSCE a pour principal objectif de promouvoir le renforcement de la coordination des mesures antiterroristes et l’échange d’informations entre les États participants de l’OSCE. Il vise en particulier à renforcer la liaison entre les délégations des États participants, les responsables de la lutte antiterroriste dans les capitales, ainsi que l’Unité d’action de l’OSCE contre le terrorisme*. Le Réseau facilite les échanges réguliers d’informations sur les programmes, la for- mation et l’évolution du droit, organisés sur l’initiative de l’OSCE et des États participants dans le domaine de la lutte contre le terrorisme, ainsi que les analyses provenant de sources librement accessibles concernant les tendances observées dans les phénomènes du terrorisme. L’accent sera mis principalement sur l’appui et la complémentarité avec les travaux du Comité contre le terro- risme du Conseil de sécurité des Nations Unies dans l’application de la résolution 1373 du Conseil de sécurité. Le Réseau contre-terrorisme de l’OSCE ne vise pas à servir d’intermédiaire pour l’échange de renseignements ou de toutes autres informations sensibles, ni à faire double emploi avec d’autres réseaux internationaux et régionaux de répression.
* Le Comité contre le terrorisme (CTC) des Nations Unies a appuyé l’élaboration de tels réseaux régionaux en vue de renforcer la coopération et la coordination. Le Secrétariat du Comité interaméricain contre le terrorisme (CICTE), au sein de l’Organisation des États américains, a déjà élaboré, au sein de l’hémisphère occidental, un réseau régional de points de contact nationaux. L’Unité d’action contre le terrorisme est reconnaissante au CICTE pour les avis et l’assistance qu’elle a fournis pour l’élaboration du Réseau contre-terrorisme de l’OSCE.
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Attributions de l’Unité d’action contre le terrorisme
1. Informer les États participants des possibilités de formation tant bilatérales que multilatérales sur le questions de lutte contre le terrorisme et coopérer avec les agents de liaison principaux pour tirer pleinement parti de tels programmes.
2. Coordonner et favoriser les activités de lutte antiterroriste de l’OSCE, notamment les programmes d’assistance en matière de renforcement des capacités, les ateliers de formation et de préparation aux situations d’urgence, afin d’utiliser de manière efficace les ressources et d’éviter tout double emploi.
3. Répondre en temps opportun aux informations et aux demandes d’action émanant des agents de liaison principaux.
4. Veiller à ce que, par le biais des délégations, les agents de liaison principaux soient pleinement informés des faits nouveaux concernant des questions importantes en matière de lutte antiterro- riste qui affectent la région de l’OSCE, en distribuant régulièrement, au moyen du courrier électro- nique, une lettre d’information de l’Unité d’action contre le terrorisme et des mises à jour régulières de la page d’accueil de l’Unité de l’OSCE.
5. Assurer la coordination avec l’agent de liaison principal, par l’intermédiaire de la délégation concernée, lorsqu’un responsable de l’Unité d’action de l’OSCE contre le terrorisme se rend dans un État participant afin d’étudier les questions liées au terrorisme.
Attributions des agents de liaison principaux
1. Veiller à ce que les communications émanant de l’Unité d’action contre le terrorisme parviennent aux bureaux gouvernementaux appropriés, et que les réponses à l’Unité d’action contre le terro- risme soient envoyées en temps opportun.
2. Fournir des informations à l’Unité d’action contre le terrorisme sur les faits nouveaux importants survenus au plan national concernant les mesures prises pour lutter contre le terrorisme, notam- ment de nouvelles législations en la matière, la formation ou les programmes d’assistance dans ce domaine, ainsi que des exemples des « meilleures pratiques » nationales.
3. Communiquer des informations sur les séminaires, les ateliers et les conférences sur les préoc- cupations en matière de lutte antiterroriste que les États participants peuvent organiser et qui sont ouverts à une participation extérieure.
4. Faire fonction de coordonnateur principal pour les séminaires, les ateliers et les conférences de l’OSCE en matière de lutte contre le terrorisme auxquels assiste l’État participant de l’agent de liaison principal.
5. Assurer la coordination et la communication, au nom de l’État participant concerné, des besoins en matière de formation et d’assistance, ainsi que des demandes ayant trait aux questions de lutte contre le terrorisme que l’OSCE est en mesure d’appuyer ou de favoriser et fixer les priorités en la matière.
4 Pour obtenir les informations les plus exactes sur les ratifications, l’Unité d’action de l’OSCE contre le terrorisme se fonde sur les notifications officielles de ratifications soumises par le biais des sites web des dépositaires pertinents des instruments de lutte contre le terrorisme.
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Moyens de communication et d’appui
L’Unité d’action contre le terrorisme utilisera, chaque fois que cela sera possible et approprié, les technologies fondées sur Internet pour communiquer avec les agents de liaison principaux et autres du Réseau contre-terrorisme, le courrier électronique étant utilisé comme outil de communication principal. Les agents de liaison principaux sont, toutefois, encouragés à consulter régulièrement les sites web de l’OSCE et du CTC. S’il le faut, l’Unité d’action contre le terrorisme recomman- dera aux États participants d’organiser des réunions des agents de liaison principaux, sous réserve de l’accord du Conseil permanent et de la disponibilité de fonds, soit en marge d’autres réunions annuelles de l’OSCE telles que la Conférence annuelle d’examen des questions de sécurité soit en tant que réunion spécifique. Un poste de la catégorie P-1 sera ajouté aux effectifs de l’Unité d’ac- tion contre le terrorisme en 2004 pour appuyer le développement et le fonctionnement du Réseau contre-terrorisme.
240 Document de la Douzième Réunion du Conseil ministériel Sofia 2004
I. Déclaration ministérielle de Sofia : prévenir et combattre le terrorisme
1. Nous, membres du Conseil ministériel de l’OSCE, réunis à Sofia, condamnons résolument et sans équivoque les actes terroristes, en particulier ceux commis en 2004 en Espagne, en Ouzbékistan, en Turquie et en Russie, où dans la ville de Beslan des terroristes ont tué brutalement et froidement des enfants innocents et sans défense. Nous pleurons la perte de centaines de vies humaines et expri- mons notre profonde solidarité avec les victimes d’actes de terrorisme et leur famille. Ces actes ont mis clairement au jour la nature inhumaine du terrorisme. Nous exprimons notre solidarité avec les États qui ne participent pas à notre Organisation et qui ont également été la cible de terroristes.
Réaffirmant que le terrorisme constitue l’une des plus graves menaces contre la paix et la sécu- rité et considérant que les actes de terrorisme compromettent gravement la jouissance des droits de l’homme, nous réitérons notre engagement à protéger la jouissance des droits de l’homme et des libertés fondamentales, tout particulièrement le droit à la vie, des personnes relevant de notre juri- diction contre les actes terroristes. Nous soulignons à nouveau notre détermination à combattre le terrorisme sous toutes ses formes et dans toutes ses manifestations, en tant que crime sans jus- tification, quels qu’en soient l’origine et le motif, et à mener cette lutte dans le respect de l’état de droit et conformément à nos obligations au titre du droit international, en particulier aux instru- ments internationaux relatifs aux droits de l’homme et aux réfugiés ainsi qu’au droit humanitaire.
2. Nous soulignons le rôle de premier plan des Nations Nous soulignons le rôle de chef de file de l’Organisation des Nations Unies dans la lutte globale contre le terrorisme. Nous réaffirmons les obligations et les engagements adoptés par nos États dans le cadre des Nations Unies en matière de lutte contre le terrorisme, notamment les résolutions 1267 (1999), 1373 (2001), 1456 (2003),
1535 (2004), 1540 (2004) et 1566 (2004) du Conseil de sécurité des Nations Unies, ainsi que la réso- lution 58/187 de l’Assemblée générale des Nations Unies, et nous appuyons la résolution 2004/87 de la Commission des droits de l’homme des Nations Unies. Nous réaffirmons aussi les obliga- tions et les engagements adoptés au sein d’autres organisations internationales dont nous sommes membres.
Nous nous félicitons de l’importance conférée par la résolution 1566 (2004) du Conseil de sécurité des Nations Unies au rôle des organisations internationales, régionales et sous-régionales compé- tentes dans le renforcement de la coopération internationale en matière de lutte contre le terro- risme et de l’appel à une interaction intensifiée avec les Nations Unies.
Nous soulignons notre détermination à appuyer les efforts importants du Comité contre le terro- risme du Conseil de sécurité des Nations Unies et de sa Direction exécutive. Nous nous engageons à respecter les normes les plus élevées possibles dans la mise en œuvre des 12 conventions et proto- coles de l’Organisation des Nations Unies relatifs à la lutte contre le terrorisme. Nous renouvelons
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aussi notre appel de coopération dans les meilleurs délais pour régler toutes les questions en sus- pens et adopter, par consensus, le projet de convention générale sur le terrorisme international et le projet de convention internationale pour la répression des actes de terrorisme nucléaire.
Nous restons attachés aux décisions de l’OSCE sur la lutte contre le terrorisme, en particulier aux engagements contenus dans le Plan d’action de Bucarest pour lutter contre le terrorisme, dans la Charte de l’OSCE sur la prévention et la lutte contre le terrorisme, et dans la Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle.
Nos pays réaffirment leur engagement à mettre en œuvre rapidement et intégralement ces déci- sions et dispositions dans tout l’espace de l’OSCE.
3. Nous nous félicitons des efforts de l’OSCE dans le domaine de la lutte contre le terrorisme, notamment des décisions adoptées en 2004, et appuyons les activités de l’Unité d’action contre le terrorisme du Secrétariat de l’OSCE.
Nous sommes convaincus que l’ensemble de décisions pratiques que nous adoptons et saluons aujourd’hui* ainsi que la poursuite de leur mise en œuvre renforceront le niveau de sécurité et de stabilité dans l’espace de l’OSCE. Les décisions contribueront à la mise en œuvre de nos obliga- tions au titre du droit international visant à prévenir et combattre le terrorisme.
4. Nous entendons renforcer les activités et les mesures de l’OSCE visant à prévenir et à combattre le terrorisme, et traiter tous les facteurs qui engendrent les conditions permettant aux organisa- tions terroristes de recruter et de gagner des appuis.
Nous réaffirmons que les efforts de l’OSCE visant à contrer les menaces terroristes devraient être pris dans toutes les dimensions de l’OSCE, à savoir la dimension sécuritaire, notamment le domaine politico-militaire, la dimension économique et environnementale, ainsi que la dimen- sion humaine. S’appuyant sur notre approche de sécurité commune, globale et indivisible, notre Organisation pourrait apporter de nouvelles contributions substantielles aux efforts mondiaux de lutte contre le terrorisme.
Nous sommes convaincus que le respect des droits de l’homme et des libertés fondamentales est un élément important pour assurer la paix et la stabilité et prévenir le terrorisme. Nous reconnais- sons que la prévention efficace du terrorisme et la lutte contre ce dernier requièrent l’implication de la société civile dans nos pays.
Nous sommes résolus à continuer de renforcer notre interaction tant au niveau bilatéral que multila- téral dans les différentes enceintes afin de prévenir la menace du terrorisme dans l’espace de l’OSCE tout entier et dans le monde. Nous coopérerons activement pour trouver les auteurs, organisateurs, sympathisants et commanditaires d’actes terroristes et les traduire en justice.
Nous continuerons également à développer l’interaction et le dialogue sur les questions concer- nant la prévention du terrorisme et la lutte contre ce dernier avec les partenaires méditerranéens et asiatiques pour la coopération.
* Décision No 617 du Conseil permanent sur de nouvelles mesures visant à réprimer le financement du terro- risme (1er juillet 2004). Conformément à la décision No 618 du Conseil sur la solidarité avec les victimes du ter- rorisme (1er juillet 2004). Décision ministérielle sur la lutte contre l’utilisation d’Internet à des fins terroristes. Décision ministérielle sur le renforcement de la sécurité des conteneurs. Décision ministérielle sur la déclara- tion des passeports perdus/volés à l’ASF-STD d’Interpol.
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Nous saluons la résolution de l’Assemblée générale des Nations Unies sur la commémoration du soixantième anniversaire de la fin de la Seconde Guerre mondiale.
II. Déclaration ministérielle sur le soixantième anniversaire de la fin de la Seconde Guerre mondiale
L’année 2005 marque le soixantième anniversaire de la fin des batailles de la Seconde Guerre mon- diale. Nous pleurons la disparition de dizaines de millions de victimes de la guerre, de l’Holocauste, des occupations et des actes de répression. Nous rendons hommage à tous ceux qui se sont bat- tus pour que l’humanité triomphe de la dictature, de l’oppression et de l’agression. Le sens de leur sacrifice ne diminuera pas avec le temps.
Pour exprimer notre volonté de prévenir une nouvelle catastrophe européenne et internationale, nous notons avec satisfaction des progrès réalisés au cours des soixante dernières années dans l’élimina- tion des séquelles tragiques de la Seconde Guerre mondiale sur la voie de l’instauration de la paix et de la sécurité dans le monde, de la réconciliation, de la coopération internationale et régionale, ainsi que de la promotion des valeurs démocratiques, des droits de l’homme et des libertés fonda- mentales, notamment dans le cadre de l’Organisation des Nations Unies et par la création d’orga- nisations régionales. Nous soulignons l’importance du rôle que la CSCE et l’OSCE ont joué à cet égard au cours des trois dernières décennies.
Rappelant l’Acte final de Helsinki, la Charte de Paris pour une nouvelle Europe, la Charte de sécu- rité européenne, ainsi que d’autres documents agréés de l’OSCE, nous n’épargnerons aucun effort pour éviter l’émergence de nouvelles lignes de division dans l’espace de l’OSCE et pour éliminer toutes les sources d’hostilité, de tension et d’affrontement. Nous sommes résolus à poursuivre nos efforts collectifs afin de créer un espace de sécurité commun et indivisible dans l’espace de l’OSCE, fondé sur la démocratie, la primauté du droit, la prospérité économique, la justice sociale et le res- pect des droits de l’homme et des libertés fondamentales, notamment des droits des personnes appartenant à des minorités nationales.
L’histoire nous a appris les dangers inhérents à l’intolérance, à la discrimination, à l’extrémisme et à la haine fondés sur des motifs ethniques, raciaux et religieux. Nous sommes résolus à combattre ces menaces, notamment par le biais de l’OSCE et nous rejetons toute tentative visant à les justifier.
Nous condamnons avec vigueur tout déni de l’Holocauste. Nous condamnons toutes les formes de nettoyage ethnique. Nous confirmons notre adhésion à la Convention des Nations Unies pour la prévention et la répression du crime de génocide, adoptée le 9 décembre 1948. Nous appelons les États participants à prendre toutes les mesures possibles pour veiller à prévenir toute tentative de génocide aujourd’hui et demain. Les auteurs de tels crimes devraient être traduits en justice.
Des temps nouveaux ont apporté de nouveaux risques et défis dont l’un des plus dangereux est le terrorisme. Ensemble nous réagirons face à cette menace, en unissant nos efforts et nos res- sources, et nous défendrons nos principes communs. Nous nous emploierons, notamment, par l’intermédiaire de l’OSCE, à lutter contre le terrorisme et d’autres risques et défis pour la sécurité.
Nous sommes convaincus que le règlement pacifique de tous les conflits existants, le respect des normes du droit international, des buts et principes énoncés dans la Charte des Nations Unies, la réalisation des engagements contenus dans l’Acte final de Helsinki et dans d’autres docu- ments agréés de l’OSCE sont le meilleur moyen de rendre hommage à tous ceux qui se sont battus pour la paix, la liberté, la démocratie et la dignité humaine, de commémorer toutes les victimes
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de la Seconde Guerre mondiale, de triompher du passé, et de préserver les générations présentes et futures du fléau de la guerre et de la violence.
IV. Décisions du Conseil ministériel
Décision No 3/04
Lutte contre l’utilisation d’Internet à des fins terroristes
Le Conseil ministériel,
Considérant les résolutions 1373 (2001) et 1566 (2004) du Conseil de sécurité des Nations Unies comme des éléments essentiels du cadre juridique international pour la lutte contre le terro- risme, Déterminé à intensifier encore les efforts visant à mettre en œuvre les engagements exis- tants de l’OSCE concernant la lutte contre le terrorisme, tels qu’ils sont énoncés dans la Charte de l’OSCE sur la prévention et la lutte contre le terrorisme, dans la Décision No 1 du Conseil minis- tériel de Porto sur la mise en œuvre des engagements et activités de l’OSCE liés à la lutte contre le terrorisme, dans le Plan d’action de Bucarest pour lutter contre le terrorisme, et dans la Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle,
Rappelant la Convention du Conseil de l’Europe sur la cyber-criminalité (novembre 2001), et d’autres travaux importants menés dans ce cadre, ainsi que les résultats de la Conférence du Conseil de l’Eu- rope sur le défis de la cyber-criminalité,
Rappelant la Réunion de l’OSCE sur la relation entre la propagande raciste, xénophobe et antisé- mite sur Internet et les crimes inspirés par la haine (Paris, 15 et 16 juin 2004), Préoccupé par l’am- pleur de l’utilisation d’Internet par des organisations terroristes : • Pour identifier et recruter des membres potentiels, • Pour collecter et transférer des fonds, • Pour organiser des actes terroristes, • Pour inciter à commettre des actes terroristes, en particulier par l’utilisation de la propagande,
Décide que les États participants échangeront des informations sur l’utilisation d’Internet à des fins terroristes et identifieront des stratégies possibles de lutte contre cette menace, tout en veil- lant à assurer le respect des obligations et normes internationales relatives aux droits de l’homme, y compris celles concernant les droits à la vie privée et à la liberté d’opinion et d’expression ;
Charge le Secrétaire général d’organiser en 2005, en coopération avec Interpol et d’autres organi- sations internationales intéressées, un atelier d’experts pour échanger des informations sur l’am- pleur de cette menace, ainsi que sur le cadre juridique et les instruments institutionnels existants, et d’envisager des mesures concrètes pour renforcer la coopération internationale sur la question.
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Décision No 11/04
Lutte contre la corruption
Le Conseil ministériel,
Réaffirmant que la corruption constitue l’un des principaux obstacles à la prospérité et au dévelop- pement durable des États participants, ce qui compromet leur stabilité et leur sécurité, et menace les valeurs communes de l’OSCE,
Résolu à intensifier davantage les efforts de mise en œuvre des engagements existants de l’OSCE sur la lutte contre la corruption, tels qu’ils figurent dans la Charte de sécurité européenne adoptée au Sommet d’Istanbul de l’OSCE en 1999 et dans le Document stratégique de l’OSCE sur la dimen- sion économique et environnementale adopté à Maastricht en 2003,
Réaffirmant son engagement de faire de l’élimination de toutes les formes de corruption une prio- rité et de mettre en œuvre des mesures efficaces et résolues de lutte contre la corruption, notam- ment par l’application de législations et programmes nationaux pertinents,
Rappelant que la lutte contre la corruption exige l’adoption par les États participants d’une straté- gie globale et à long terme en la matière,
Saluant l’important travail accompli sur la question par d’autres organisations internationales, en particulier par l’Office des Nations Unies contre la drogue et le crime (ONUDC), le Conseil de l’Europe et l’Organisation de coopération et de développement économiques,
Reconnaissant que la Convention des Nations Unies contre la corruption, adoptée par l’Assem- blée générale des Nations Unies le 31 octobre 2003 à New York, marque un progrès majeur dans la coopération internationale dans le domaine de la lutte contre la corruption et offre la possibi- lité d’une réaction mondiale à ce problème,
Encourage les États participants de l’OSCE qui ne l’ont pas encore fait, à signer et à ratifier la Conven- tion des Nations Unies contre la corruption dans les meilleurs délais afin d’assurer son entrée en vigueur rapide et de l’appliquer intégralement.
Charge le Secrétariat de l’OSCE, en particulier le Bureau du Coordonnateur des activités écono- miques et environnementales de l’OSCE, sur demande des États participants de l’OSCE, d’appor- ter son appui en mobilisant l’assistance technique, notamment les compétences et les ressources nécessaires d’organisations internationales compétentes, en tenant dûment compte de leurs man- dats respectifs, pour la ratification ou/et la mise en œuvre de la Convention des Nations Unies contre la corruption.
Décision No 12/04
Tolérance et non-discrimination
Le Conseil ministériel,
Reconnaissant que le respect des droits de l’homme et des libertés fondamentales, de la démocra- tie et de l’État de droit sont au cœur du concept global de sécurité de l’OSCE,
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Rappelant ses engagements au titre de la dimension humaine consacrés dans l’Acte final de Hel- sinki, la Charte de Paris pour une nouvelle Europe, la Charte de sécurité européenne (Sommet d’Istanbul, 1999) et dans tous les autres documents et décisions pertinents de l’OSCE,
Rappelant la Décision No 4/03 sur la tolérance et la non-discrimination, adoptée à la onzième Réu- nion du Conseil ministériel à Maastricht, le 2 décembre 2003, Se félicitant des activités menées par l’OSCE en 2004 dans le domaine de la promotion de la tolérance et de la non-discrimination,
1. Accueille avec satisfaction la déclaration du Président en exercice de l’OSCE prononcée à la Confé- rence de l’OSCE sur l’antisémitisme, tenue à Berlin les 28 et 29 avril 2004 dite « Déclaration de Ber- lin » et la déclaration du Président en exercice de l’OSCE prononcée à la Conférence de l’OSCE sur la tolérance et la lutte contre le racisme, la xénophobie et la discrimination, tenue à Bruxelles les 13 et 14 septembre 2004 dite « Déclaration de Bruxelles » ;
2. Approuve les décisions du Conseil permanent sur la lutte contre l’antisémitisme (PC.DEC/607), sur la tolérance et la lutte contre le racisme, la xénophobie et la discrimination (PC.DEC/621), ainsi que celle sur la promotion de la tolérance et de la liberté des médias sur Internet (PC.DEC/633), jointes en annexe à la présente décision ;
3. Décide en outre d’intensifier les efforts visant à mettre en œuvre ces trois décisions qui com- prennent des engagements dans les domaines, notamment, de l’éducation, des médias, de la légis- lation, de l’application des lois, de la migration et de la liberté de religion ;
4. Décide d’assurer le suivi des travaux engagés en 2003 et poursuivis par la Conférence de l’OSCE sur l’antisémitisme (Berlin, les 28 et 29 avril 2004), par la Réunion de l’OSCE sur la relation entre la propagande raciste, xénophobe et antisémite sur Internet et les crimes inspirés par la haine, tenue à Paris les 16 et 17 juin 2004, ainsi que par la Conférence de l’OSCE sur la tolérance et la lutte contre le racisme, la xénophobie et la discrimination (Bruxelles, les 13 et 14 septembre 2004). Se félicite aussi de la proposition de l’Espagne d’accueillir à Cordoue, en juin 2005, la Conférence de l’OSCE sur l’antisémitisme et autres formes d’intolérance ;
5. Accueille avec satisfaction l’intention du Président en exercice de désigner, conformément à la Décision No 8 du Conseil ministériel de Porto, trois représentants personnels dans le cadre de la lutte globale de l’OSCE contre la discrimination et pour la promotion de la tolérance. Les dépenses afférentes aux représentants personnels seront couvertes par les contributions extrabud- gétaires.
Annexe à la décision No 12/04 Décision No 607 du Conseil permanent
Lutte contre l’antisémitisme
(PC.DEC/607 du 22 avril 2004)
Le Conseil permanent,
Ayant à l’esprit la Conférence de l’OSCE sur l’antisémitisme qui se tiendra à Berlin les 28 et 29 avril 2004,
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Réaffirmant les engagements des États participants en matière de lutte contre l’antisémitisme, et Soucieux de renforcer nos efforts communs visant à lutter contre l’antisémitisme dans toute la région de l’OSCE, Décide ce qui suit :
1. Les États participants s’engagent à : • Œuvrer pour que leurs systèmes juridiques favorisent un environnement sûr dans lequel le har- cèlement, la violence ou la discrimination antisémite n’existent dans aucun domaine ; • Promouvoir, le cas échéant, des programmes pédagogiques visant à combattre l’antisémitisme ; • Promouvoir la mémoire de l’Holocauste et, le cas échéant, faire connaître cette tragédie ainsi que l’importance du respect de tous les groupes ethniques et religieux ; • Combattre les crimes inspirés par la haine pouvant être suscités par la propagande raciste, xéno- phobe et antisémite dans les médias et sur Internet ; • Encourager et appuyer les efforts déployés par les organisations internationales et les ONG dans ces domaines ; • Recueillir et gérer des informations et des statistiques fiables sur les crimes antisémites ainsi que sur d’autres crimes inspirés par la haine, commis sur leurs territoires, communiquer périodi- quement ces informations au Bureau des institutions démocratiques et des droits de l’homme (BIDDH), et mettre ces informations à la disposition du public ; • Faire en sorte de fournir au BIDDH les ressources appropriées pour accomplir les tâches convenues dans le cadre de la Décision du Conseil ministériel de Maastricht sur la tolérance et la non-dis- crimination ; • Coopérer avec l’Assemblée parlementaire de l’OSCE pour déterminer les moyens appropriés permettant d’examiner périodiquement le problème de l’antisémitisme ; • Encourager le développement d’échanges informels entre experts dans le cadre d’instances appropriées sur les meilleurs pratiques et les expériences dans les domaines de l’application des lois et de l’éducation ;
2. De charger le BIDDH de : • Suivre de près, en pleine coopération avec d’autres institutions de l’OSCE ainsi qu’avec le Comité pour l’élimination de la discrimination raciale de l’ONU (CERD), la Commission européenne contre le racisme et l’intolérance (ECRI), l’Observatoire européen des phénomènes racistes et xénophobes (EUMC) ainsi que d’autres institutions internationales et ONG pertinentes, les incidents antisémites survenus dans l’espace de l’OSCE au moyen de toutes les informations fiables dont ils disposent ; • Lui faire rapport sur ses conclusions ainsi qu’à la Réunion sur la mise en œuvre des engage- ments concernant la dimension humaine et de rendre ces conclusions publiques. Ces rapports devraient également être pris en compte lors de la fixation des priorités de travail de l’OSCE dans le domaine de l’intolérance ; • Recueillir et diffuser systématiquement dans tout l’espace de l’OSCE des informations sur les meilleures pratiques visant à prévenir l’antisémitisme et y faire face, et sur demande, offrir des conseils aux États participants dans leurs efforts de lutte contre l’antisémitisme ;
3. De prier le Président en exercice de porter la présente décision à l’attention des participants de la prochaine conférence à Berlin et de l’incorporer dans sa déclaration de clôture de la conférence.
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4. De communiquer cette décision au Conseil ministériel pour approbation lors de sa douzième Réunion.
Annexe à la décision No 12/04 Décision No 621 du Conseil permanent
Tolérance et lutte contre le racisme, la xénophobie et la discrimination
(PC.DEC/621 du 29 juillet 2004)
Le Conseil permanent,
Ayant à l’esprit la Conférence de l’OSCE sur la tolérance et la lutte contre le racisme, la xénophobie et la discrimination qui se tiendra à Bruxelles les 13 et 14 septembre 2004, Rappelant la Décision du Conseil ministériel de Maastricht sur la tolérance et la non-discrimination (MC.DEC/4/03), la Conférence de l’OSCE sur l’antisémitisme tenue à Berlin les 28 et 29 avril 2004, ainsi que la Réu- nion de l’OSCE sur la relation entre la propagande raciste, xénophobe et antisémite sur Internet et les crimes inspirés par la haine qui s’est tenue à Paris les 16 et 17 juin 2004 ainsi que leurs résultats,
Réaffirmant les engagements des États participants visant à promouvoir la tolérance et la non-dis- crimination, et
Soucieux de renforcer nos efforts communs visant à lutter contre les manifestations d’intolérance dans la région de l’OSCE,
Décide ce qui suit :
1. Les États participants s’engagent à : • Envisager de promulguer ou de renforcer, le cas échéant, une législation interdisant la discri- mination ou toute incitation à des crimes inspirés par la haine pouvant être motivés par la race, la couleur, le sexe, la langue, la religion, l’opinion politique ou toute autre opinion, l’origine nationale ou sociale, la fortune, la naissance ou toute autre situation ; • Promouvoir et renforcer, le cas échéant, des programmes pédagogiques visant à favoriser la tolé- rance et à lutter contre le racisme, la xénophobie et la discrimination ; Encourager et faciliter un dialogue interconfessionnel et interculturel ouvert et transparent ainsi que des partenariats en faveur de la tolérance, du respect et de la compréhension mutuelle, et à assurer et à favoriser la liberté de chacun de professer et de pratiquer une religion ou une croyance, seul ou en com- munauté avec d’autres, si nécessaire par des lois, règlements, pratiques et politiques transpa- rents et non-discriminatoires ; • Prendre des mesures visant à combattre les actes de discrimination et de violence envers les musulmans dans l’espace de l’OSCE ; • Prendre des mesures, conformément à leur droit interne et aux obligations internationales, de lutte contre la discrimination, l’intolérance et la xénophobie envers les migrants et les tra- vailleurs migrants ; • Envisager d’entreprendre des activités de sensibilisation de l’opinion publique à la contribution enrichissante des migrants et des travailleurs migrants à la société ;
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• Combattre les crimes inspirés par la haine pouvant être suscités par la propagande raciste, xéno- phobe et antisémite dans les médias et sur Internet et dénoncer publiquement de manière appro- priée de tels crimes lorsqu’ils sont commis ; • Envisager d’établir des programmes de formation destinés aux responsables de la police et de la justice sur la législation et l’application de la législation relative aux crimes inspirés par la haine ; • Encourager la promotion de la tolérance, du dialogue, du respect et de la compréhension mutuelle par les médias, y compris Internet ; • Encourager et appuyer les efforts déployés par les organisations internationales et les ONG dans ces domaines ; • Recueillir et gérer des informations et des statistiques fiables sur les crimes de haine motivés par le racisme, la xénophobie et la discrimination et l’intolérance qui y sont associées, commis sur leurs territoires, communiquer périodiquement ces informations au Bureau des institu- tions démocratiques et des droits de l’homme de l’OSCE (BIDDH) et mettre ces informations à la disposition du public ; • Examiner la possibilité d’établir dans les pays des organes appropriés pour promouvoir la tolé- rance et combattre le racisme, la xénophobie, la discrimination ou l’intolérance qui y est asso- ciée, notamment envers les musulmans, et l’antisémitisme ; • Faire en sorte de fournir au BIDDH les ressources appropriées pour accomplir les tâches convenues dans le cadre de la Décision du Conseil ministériel de Maastricht sur la tolérance et la non-dis- crimination ; • Coopérer avec l’Assemblée parlementaire de l’OSCE pour déterminer les moyens appropriés permettant d’examiner périodiquement les problèmes du racisme, de la xénophobie et de la dis- crimination ; • Encourager le développement d’échanges informels entre experts dans le cadre d’instances appropriées sur les meilleurs pratiques et les expériences dans les domaines de l’application des lois et de l’éducation ;
2. De charger le BIDDH de : • Suivre de près, en pleine coopération avec d’autres institutions de l’OSCE ainsi qu’avec le Comité pour l’élimination de la discrimination raciale de l’ONU (CERD), le Haut Commissariat des Nations Unies aux droits de l’homme (HCDH), la Commission européenne contre le racisme et l’intolérance (ECRI), l’Observatoire européen des phénomènes racistes et xénophobes (EUMC) ainsi que d’autres institutions internationales et ONG pertinentes, les incidents motivés par le racisme, la xénophobie ou l’intolérance qui y est associée, notamment envers les musulmans, et l’antisémitisme dans l’espace de l’OSCE au moyen de toutes les informations fiables dont ils disposent ; • Lui faire rapport sur ses conclusions ainsi qu’à la Réunion sur la mise en œuvre des engage- ments concernant la dimension humaine et de rendre ces conclusions publiques. Ces rapports devraient également être pris en compte lors de la fixation des priorités de travail de l’OSCE dans le domaine de l’intolérance ; • Recueillir et diffuser systématiquement dans tout l’espace de l’OSCE les informations sur les meilleures pratiques visant à prévenir le racisme, la xénophobie et la discrimination et y faire face, et sur demande, offrir des conseils aux États participants dans leurs efforts de lutte contre le racisme, la xénophobie et la discrimination ;
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• Appuyer les capacités de la société civile et le développement de partenariats pour combattre le racisme, la xénophobie, la discrimination ou l’intolérance qui y est associée, notamment envers les musulmans, et l’antisémitisme.
3. De prier le Président en exercice de porter la présente décision à l’attention des participants de la prochaine conférence à Bruxelles et de l’incorporer dans sa déclaration de clôture de la confé- rence ;
4. De communiquer cette décision au Conseil ministériel pour approbation lors de sa douzième Réunion.
Annexe à la décision No 12/04 Décision No 633 du Conseil permanent
Promotion de la tolérance et de la liberté des médias sur l’Internet
(PC.DEC/633 du 11 novembre 2004) Le Conseil permanent,
Réaffirmant les engagements pris à la Réunion du Conseil ministériel de Maastricht de combattre les crimes de haine pouvant être suscités par la propagande raciste, xénophobe et antisémite sur l’Internet,
Réaffirmant qu’il est important de respecter pleinement le droit aux libertés d’opinion et d’expres- sion, lesquelles englobent la liberté de rechercher, de recevoir et de communiquer des informations, qui sont vitales pour la démocratie et sont d’ailleurs renforcées par l’Internet,
Rappelant les engagements de recueillir et de gérer des informations et des statistiques fiables sur les crimes de haine inspirés par le racisme, la xénophobie, l’antisémitisme ainsi que la discrimi- nation et l’intolérance qui y sont associés, de communiquer périodiquement ces informations au Bureau des institutions démocratiques et des droits de l’homme (BIDDH) de l’OSCE et de mettre ces informations à la disposition du public, tels qu’ils sont énoncés dans les décisions du Conseil permanent intitulées « Lutte contre l’antisémitisme » (PC.DEC/607) et « Tolérance et lutte contre le racisme, la xénophobie et la discrimination » (PC.DEC/621),
Soulignant qu’il est important de promouvoir la tolérance, le respect mutuel, le dialogue et la com- préhension, notamment par le biais des médias et de l’Internet dans le cadre de stratégies fondées sur différentes mesures,
Décide ce qui suit :
1. Les États participants devraient prendre des mesures pour veiller à ce que l’Internet demeure un forum ouvert et public pour la liberté d’opinion et d’expression, telle qu’elle est consacrée dans la Déclaration universelle des droits de l’homme, et pour favoriser l’accès à l’Internet tant dans les foyers que dans les écoles ;
2. Les États participants devraient enquêter sur la violence et les menaces criminelles de violence inspirées par des préjugés racistes, xénophobes, antisémites ou autres sur l’Internet et, s’il y a lieu, en poursuivre pleinement les auteurs ;
3. Les États participants devraient former les agents de la force publique et les procureurs aux moyens de traiter les crimes motivés par des préjugés racistes, xénophobes, antisémites ou autres
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sur l’Internet et diffuser des informations sur les programmes de formation fructueux dans le cadre de l’échange des meilleures pratiques ;
4. Le Représentant de l’OSCE pour la liberté des médias continuera à jouer un rôle actif dans la pro- motion à la fois de la liberté d’expression et de l’accès à l’Internet ainsi qu’à observer les évolutions pertinentes dans tous les États participants. Il s’emploiera à prôner et à promouvoir les principes et les engagements de l’OSCE. A ce titre, il donnera notamment rapidement l’alerte lorsque des lois ou d’autres mesures interdisant les discours motivés par des préjugés racistes, xénophobes, antisé- mites ou autres sont appliquées de manière discriminatoire ou sélective à des fins politiques sus- ceptibles d’aboutir à entraver l’expression d’opinions et de points de vues différents ;
5. Les États participants devraient étudier l’efficacité des lois et d’autres mesures réglementant le contenu de l’Internet, notamment en ce qui concerne leur effet sur le taux de crimes racistes, xénophobes et antisémites ;
6. Les États participants devraient encourager et appuyer des études qui analysent rigoureusement les liens éventuels entre le discours raciste, xénophobe et antisémite sur l’Internet et la perpétra- tion de crimes motivés par des préjugés racistes, xénophobes, antisémites ou autres ;
7. L’OSCE favorisera les échanges visant à déterminer les approches efficaces pour s’attaquer au pro- blème de la propagande raciste, xénophobe et antisémite sur l’Internet qui ne portent pas atteinte à la liberté d’information et d’expression. Elle offrira des possibilités, notamment pendant la réu- nion annuelle sur la mise en œuvre de la dimension humaine, de favoriser la mise en commun des meilleures pratiques ;
8. Les États participants devraient encourager l’établissement de programmes d’éducation des enfants et des jeunes au discours motivé par des préjugés racistes, xénophobes, antisémites ou autres auquel ils peuvent être confrontés sur l’Internet. En outre, s’il y a lieu, les États participants et les fournisseurs de services Internet devraient prendre des mesures pour faire mieux connaître aux parents les logiciels de filtrage courants qui leur permettent d’exercer une supervision et un contrôle accrus sur l’utilisation de l’Internet par leurs enfants. Il conviendrait de diffuser large- ment de la documentation sur les programmes d’éducation et les logiciels de filtrage efficaces dans le cadre de l’échange des meilleures pratiques ;
9. Les États participants devraient accueillir favorablement les efforts continus et accrus que déploient des ONG pour surveiller les contenus racistes, xénophobes et antisémites sur l’Internet ainsi que les efforts qu’elles font pour diffuser et faire connaître leurs conclusions.
Décision No 13/04
Besoins spéciaux des enfants victimes de la traite en matière de protection et d’assistance
Le Conseil ministériel,
Réaffirmant les fermes engagements auxquels les États participants ont souscrit dans le domaine de la lutte contre la traite des êtres humains, notamment la Décision No 1 du Conseil ministériel tenu à Vienne en l’an 2000, la Déclaration ministérielle de Porto de 2002 sur la traite des êtres humains et la Décision No 2/03 du Conseil ministériel tenu à Maastricht en 2003 qui approuve le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, et établit, sous l’égide du Conseil permanent, un mécanisme de l’OSCE visant à porter assistance aux États participants
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pour lutter contre la traite des êtres humains, mécanisme consistant en un représentant spécial nommé par le Président en exercice et en une unité spéciale au sein du Secrétariat,
Rappelant la Conférence de 1990 de la CSCE sur la dimension humaine tenue à Copenhague, au cours de laquelle il a notamment été déclaré que : « Les États participants décident d’attacher une attention particulière à la reconnaissance des droits de l’enfant, de ses droits civils et de ses liber- tés individuelles, de ses droits économiques, sociaux et culturels, et de son droit à une protection particulière contre toute forme de violence et d’exploitation »,
Rappelant les principes relatifs à la protection et au respect des droits de l’homme, tels qu’ils figurent dans la Convention des Nations Unies de 1989 relative aux droits de l’enfant et le Pro- tocole facultatif y afférent, adopté en l’an 2000, concernant la vente d’enfants, la prostitution des enfants et la pornographie mettant en scène des enfants, le Protocole des Nations Unies de 2000 visant à prévenir, réprimer et punir le trafic de personnes,
en particulier des femmes et des enfants, complétant la Convention des Nations Unies contre la cri- minalité transnationale organisée, ainsi que dans la Convention de La Haye de 1993 sur la protec- tion des enfants et la coopération en matière d’adoption internationale,
Ayant à l’esprit la responsabilité principale qui incombe aux États participants de lutter contre la traite en se fondant sur une approche intégrée et coordonnée qui comprend la prévention de la traite, la protection des victimes ainsi que l’engagement de poursuites contre les trafiquants et leurs complices,
Réaffirmant que les principes généraux concernant, entre autres, l’intérêt supérieur de l’enfant, la non-discrimination, la participation, la survie et le développement fournissent le cadre à toutes les actions concernant les enfants,
Déterminé à renforcer les efforts entrepris par l’OSCE pour lutter contre la traite des êtres humains et à continuer de mettre activement en œuvre le Plan d’action correspondant, ainsi que d’appuyer, par le biais de l’Organisation, les États participants, sur leur demande, dans l’exécution de leurs activités nationales respectives dans ce domaine,
Prenant notamment en considération les recommandations contenues dans le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains selon lesquelles l’OSCE accordera une attention particulière à la question de la traite des enfants et reconnaîtra également la vulnérabi- lité des enfants non accompagnés et séparés,
Ayant à l’esprit que les États participants se sont engagés à protéger les enfants contre toute forme de violence, notamment l’exploitation sexuelle, et soulignant l’importance du respect de leurs besoins spéciaux en matière de protection et d’assistance, et de la possibilité pour l’enfant d’être entendu,
Insistant sur le fait que les mesures visant à lutter contre la traite des enfants devraient intégrer une démarche soucieuse d’égalité entre les sexes et être non discriminatoires,
Soulignant que l’intérêt supérieur de l’enfant doit être une considération primordiale dans les déci- sions concernant les enfants victimes de la traite, notamment en assurant la représentation, le cas échéant, des enfants victimes,
Conscient de la nécessité d’un cadre efficace en matière d’assistance et de protection de l’en- fant, ainsi que d’une sensibilisation visant à contrer la demande qui favorise toutes les formes
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d’exploitation humaine, en particulier des femmes et des enfants, et qui rend les enfants encore plus vulnérables à la traite,
1. Décide de renforcer les efforts de l’OSCE visant à prévenir la traite des enfants, à protéger et à assister les enfants victimes de la traite et à poursuivre les auteurs de tels actes en tenant compte du Plan d’action de l’OSCE pour lutter contre la traite des êtres humains ;
2. Encourage les États participants à renforcer les structures gouvernementales compétentes pour les enfants. Encourage également les États participants à intensifier les actions, le cas échéant, confor- mément aux recommandations pertinentes destinées aux États participants contenues dans le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains et visant à contrer les facteurs qui contribuent à rendre les enfants particulièrement vulnérables à la traite, tels que la discrimination, fondée notamment, sur la race, le sexe, la religion ou la croyance, l’origine nationale ou sociale, la naissance ou autre situation ; l’exploitation, telle que définie dans le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains ; la pauvreté, le manque d’éducation et le déplacement ;
3. Convient d’intensifier les efforts visant à contrer la demande, en combattant notamment le tou- risme sexuel impliquant les enfants. Dans ce contexte, invite les États participants à envisager l’éla- boration de mesures légales afin de poursuivre leurs citoyens pour exploitation sexuelle des enfants, même si l’exploitation a eu lieu dans un autre pays.
4. Charge le Conseil permanent, par l’intermédiaire de son groupe de travail informel sur la parité des sexes et la lutte contre la traite des êtres humains avec l’appui fourni notamment par le Repré- sentant spécial sur la lutte contre la traite des êtres humains, et d’autres structures pertinentes de l’OSCE d’élaborer un additif au Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, contribuant à sa mise en œuvre, pour examiner les besoins spéciaux des enfants vic- times de la traite en matière de protection et d’assistance, notamment un résumé des meilleures pratiques pour le 31 juillet, en vue de prendre des mesures appropriées ;
5. Invite le groupe de travail informel à commencer ce travail en se fondant sur les engagements des États participants au titre des conventions internationales existantes auxquelles ils sont par- ties, afin d’examiner de manière appropriée le besoin de fournir des mesures spéciales de protec- tion aux enfants, en tenant compte de l’intérêt supérieur et de la protection de l’enfant.
Décision No 14/04
Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes
Le Conseil ministériel,
Rappelant qu’au Sommet d’Istanbul de l’OSCE en 1999, les chefs d’État ou de gouvernement ont déclaré que « L’exercice entier et en toute égalité, par les femmes, de leurs droits fondamentaux est indispensable pour rendre l’espace de l’OSCE plus pacifique, plus prospère et plus démocratique. Nous nous engageons à faire de l’égalité entre hommes et femmes une partie intégrante de nos politiques, à la fois au niveau de nos États et au sein de l’Organisation, »*
Rappelant le Plan d’action de 2000 concernant l’égalité entre les sexes qui a été établi afin de veil- ler à ce que les engagements de l’OSCE concernant l’égalité des droits et des chances des femmes
* Charte de sécurité européenne, paragraphe 23.
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et des hommes soient pris en compte par les États participants et dans les activités concrètes des institutions et missions de terrain de l’OSCE,
Reconnaissant que l’égalité des droits entre les femmes et les hommes ainsi que la protection de leurs droits fondamentaux sont essentiels à la paix, à une démocratie durable, au développement écono- mique et, de ce fait, à la sécurité et à la stabilité dans la région de l’OSCE,
Rappelant le Programme d’action de Pékin adopté par la quatrième Conférence mondiale sur les femmes et la suite donnée à la vingt-troisième session extraordinaire de l’Assemblée générale en l’an 2000, intitulée « Les femmes en l’an 2000 : égalité entre les sexes*, développement et paix pour le XXIe siècle »,
Rappelant la Résolution 1325 (2000)† du Conseil de sécurité des Nations Unies qui appelle à une participation pleine et égale des femmes aux décisions prises en vue de la prévention des différends et dans la reconstruction après les conflits, et soulignant qu’il importe que les femmes participent sur un pied d’égalité à tous les efforts visant à maintenir et à promouvoir la paix et la sécurité.
Ayant à l’esprit la nécessité qu’une démarche soucieuse de l’égalité entre les sexes soit intégrée de manière appropriée dans les activités menées sous les auspices de l’OSCE et que les États parti- cipants prennent toutes les mesures nécessaires pour accroître la prise de conscience des différences entre les sexes et promouvoir l’égalité des droits et la participation pleine et égale des femmes et des hommes dans la société, l’objectif étant de promouvoir la pratique de l’égalité et d’une démarche soucieuse d’équité entre les sexes‡ dans l’espace de l’OSCE, qui est essentielle à la sécurité globale,
Soulignant la nécessité pour l’OSCE de développer plus avant et de renforcer un processus continu et durable en matière d’intégration de l’équité entre les sexes, de promouvoir une culture de ges- tion et un cadre de travail professionnels et sensibles aux différences entre les sexes ainsi que des efforts visant à une représentation plus équilibrée des hommes et des femmes dans le recrutement notamment à l’échelon des administrateurs, conformément au Statut du personnel de l’OSCE,
Décide d’approuver le Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes adopté par le Conseil permanent dans sa Décision No 638 le 2 décembre 2004, et joint en annexe à la présente décision.
Annexe à la Décision No 14/04
Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes
« Le bien-être du monde et la cause de la paix demandent la participation maximale des femmes, à égalité avec les hommes, dans tous les domaines. »§
* PC.DEC/353 du 1er juin 2000. † Adoptée par le Conseil de sécurité à sa 4213ème séance, le 31 octobre 2000. ‡ « Intégrer une démarche soucieuse d’équité entre les sexes, c’est évaluer les incidences pour les femmes et les hommes de toute action envisagée, notamment dans la législation, les politiques ou les programmes, dans tous les secteurs et à tous les niveaux. Il s’agit d’une stratégie visant à incorporer les préoccupations et les expériences des femmes aussi bien que celles des hommes dans l’élaboration, la mise en œuvre, la surveillance et l’évaluation des politiques et des programmes dans tous les domaines – politique, économique et social – de manière que les femmes et les hommes bénéficient d’avantages égaux et que l’inégalité ne puisse se perpétuer. Le but ultime est d’atteindre l’égalité entre les sexes. » Voir les documents officiels de l’Assemblée générale, cinquante-deu- xième session, supplément No 3 (A/52/3/Rev.1), chapitre IV, paragraphe 4. § Résolution 34/180 de l’Assemblée générale des Nations Unies en date du 18 décembre 1979 (CEDAW).
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Le respect des droits de l’homme et des libertés fondamentales, de la démocratie et de la pri- mauté du droit est à la base du concept global de sécurité de l’OSCE. Dans la Charte de sécurité européenne, adoptée au Sommet d’Istanbul de l’OSCE, il est déclaré que : « L’exercice entier et en toute égalité, par les femmes, de leurs droits fondamentaux est indispensable pour rendre l’es- pace de l’OSCE plus pacifique, plus prospère et plus démocratique. Nous nous engageons à faire de l’égalité entre hommes et femmes une partie intégrante de nos politiques, à la fois au niveau de nos États et au sein de l’Organisation. »
1. En tant qu’accord régional au sens du chapitre VIII de la Charte des Nations Unies, l’OSCE est un instrument essentiel pour l’alerte précoce, la prévention des conflits, la gestion des crises et la reconstruction après un conflit dans sa région. Il est devenu de plus en plus évident, dans l’espace de l’OSCE, que la sécurité, la démocratie et la prospérité sont étroitement liées. La liberté économique, la justice sociale et une attitude responsable à l’égard de l’environnement sont indis- pensables à la prospérité. Pour permettre à l’Organisation de s’acquitter de ses tâches et d’atteindre ses objectifs, il est primordial, qu’en coopération avec les États participants, elle investisse dans son capital humain.
2. L’intégration effective d’une démarche soucieuse d’équité entre les sexes dans le but de parvenir à l’égalité entre les femmes et les hommes est importante si l’on veut utiliser pleinement le capi- tal humain dans l’espace de l’OSCE. L’égalité entre les sexes contribue à la sécurité globale, qui est l’un des objectifs des activités de l’OSCE dans les trois dimensions. L’intégration d’un souci d’équité entre les sexes est l’un des moyens de contribuer à atteindre cet objectif. L’Organisation devrait donc prendre en compte la dimension hommes-femmes dans ses activités, projets et pro- grammes afin de parvenir à l’égalité entre les sexes dans ses propres opérations et dans les États participants. Il est de la responsabilité commune de ces derniers, du Président en exercice, du Secré- taire général et des chefs d’institution et de mission de promouvoir l’égalité entre les femmes et les hommes en tant que partie intégrante des politiques et des pratiques de l’OSCE. Dans le cadre de cet effort, il convient de garder à l’esprit que, si l’égalité entre les sexes devient une réalité dans tous les domaines et à tous les niveaux de la société, tant les hommes que les femmes tireront pro- fit d’un tel changement.
I. Contexte général
État de la mise en œuvre du Plan d’action de l’an 2000
3. Le Plan d’action de l’OSCE* pour les questions de parité des sexes, adopté en l’an 2000, appe- lait à intensifier les efforts visant à assurer aux femmes et aux hommes un traitement égal au sein de l’Organisation dans tous les domaines, y compris celui du recrutement de personnel, et à intégrer une démarche visant à promouvoir l’égalité entre les sexes dans ses activités. Il a réussi à sensibi- liser davantage à la nécessité de promouvoir l’égalité entre les sexes au sein de l’OSCE par le biais des activités du Secrétariat, des institutions et des opérations de terrain, ainsi que des États parti- cipants. Il existe cependant des points faibles dans la mise en œuvre du Plan d’action de l’an 2000, en particulier dans les domaines de la formation, de la gestion et du recrutement, ainsi qu’en ce qui concerne la pratique générale de l’intégration d’un souci d’égalité entre les sexes dans l’OSCE tout entière et dans les États participants.
4. Le Plan d’action de l’an 2000 concernant la parité des sexes stipulait qu’il convenait d’of- frir aux femmes davantage de possibilités au sein de l’OSCE et d’y promouvoir un cadre de tra- vail professionnel. Le Président en exercice, les États participants et le Secrétariat y étaient priés
* Décision No 353 du Conseil permanent en date du 1er juin 2000 (PC.DEC/353).
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de prendre des mesures positives visant à promouvoir et à nommer des femmes dans les insti- tutions de l’OSCE ainsi que dans le cadre des activités de terrain et tous les États participants y étaient invités à redoubler d’efforts pour proposer des candidatures féminines, en particulier au niveau du personnel de direction.
Les femmes restent néanmoins faiblement représentées à l’OSCE, en particulier à des postes de direc- tion et de décision, et leur nombre a en fait diminué ces dernières années. Les femmes de certains pays, en particulier d’États participants dont l’économie est en transition, ne sont toujours pas représentées ou sont sous-représentées.
États à économie en transition. D’après les statistiques, les femmes candidates auraient moins de chances que les hommes d’être employées par l’Organisation.*
Les statistiques bisannuelles et les rapports annuels du Secrétaire général sur la mise en œuvre du Plan d’action de l’an 2000 concernant l’égalité entre les sexes n’ont pas retenu l’attention du Conseil permanent et la mise en œuvre du Plan n’a pas bénéficié d’un suivi adéquat.
5. Une autre priorité du Plan d’action de l’an 2000 était de faire en sorte que tous les nouveaux membres du personnel de mission bénéficient d’une formation aux questions de parité des sexes, et que les institutions de l’OSCE incorporent une démarche soucieuse d’égalité entre les sexes dans la formation de leur personnel. Une formation générale de sensibilisation aux différences entre les sexes a été dispensée et des efforts consentis afin d’offrir un cadre de travail professionnel. Depuis l’an 2000, chaque mission a son médiateur et le Secrétariat organise des formations annuelles à l’in- tention de ces personnes. La formation et la sensibilisation du personnel de direction aux questions de parité des sexes, ainsi qu’aux responsabilités de l’ensemble du personnel dans le cadre de leurs tâches et de leurs attributions respectives n’ont toutefois pas donné les résultats escomptés à cet égard et l’objectif d’offrir un cadre de travail professionnel n’a pas encore été atteint.
6. Le Plan d’action de l’an 2000 préconisait en outre la mise en place d’un cadre exhaustif pour des projets en faveur de l’égalité entre les sexes, ainsi que l’analyse et l’utilisation de données et de résultats de recherches ayant trait aux questions de parité des sexes pour la mise au point de nou- veaux programmes. Ce processus n’a pas été développé avec toute la constance voulue. En outre, les conseillers et les coordonnateurs pour les questions de parité des sexes n’ont pas été associés suffisamment à l’élaboration de nouvelles politiques et de nouveaux programmes.
7. L’intégration d’une démarche visant à promouvoir l’égalité entre les hommes et les femmes exige de prêter une attention constante et systématique aux différences entre les sexes dans le cadre des activités de l’Organisation en se fondant sur une approche transdimensionnelle, ainsi que des méca- nismes appropriés de suivi et d’examen. Un nouveau plan d’action amélioré, fixant des objectifs
* Statistiques ventilées par sexe du Secrétariat, des institutions et des missions de l’OSCE, SEC.GAL/208/03, 21 novembre 2003. Pour les postes inscrits au tableau d’effectifs, la proportion des femmes dans le personnel des services généraux est de 44 pour cent, tandis qu’à l’échelon des administrateurs, elle est de 25 pour cent au total et a en fait diminué ces dernières années. Sur l’ensemble des candidats à des postes de durée détermi- née au cours de la période allant de janvier 2003 à septembre 2003 (9 566), 69 pour cent étaient des hommes et 31 pour cent des femmes ; au cours de la même période toutefois, sur l’ensemble des candidats sélection- nés (50), 72 pour cent étaient des hommes et 28 pour cent seulement des femmes. Pour les 34 avis de vacance de postes de la catégorie des administrateurs, les femmes représentaient 33 pour cent des candidats, 23 pour cent des candidats à être invités à un entretien et 12 pour cent des candidats retenus. Sur l’ensemble des per- sonnes dont la candidature a été proposée en vue d’un détachement au cours des six premiers mois de l’année 2003 (2 135), 30 pour cent (641) étaient des femmes et 70 pour cent (1 494) des hommes. Toutefois, seulement dix pour cent (62) de ces femmes furent déployées dans des missions, tandis que 18 pour cent (272) de leurs homologues masculins furent acceptés et déployés.
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et délimitant clairement les responsabilités, est nécessaire afin de consolider les efforts dévoués des États participants pour s’acquitter de leurs engagements.
II. Buts et objectifs
8. Le Plan d’action de 2004 pour la promotion de l’égalité entre les sexes vise à énoncer les prio- rités de l’OSCE en la matière, au sein de l’Organisation et dans tous les États participants, ainsi qu’à assurer le suivi de sa mise en œuvre. Pour atteindre ces objectifs, le plan sera axé sur les acti- vités, les politiques, les projets et les programmes de l’Organisation concernant l’intégration d’un souci d’égalité entre les sexes, ainsi que sur l’aide que l’OSCE peut apporter aux États participants pour promouvoir l’égalité entre les hommes et les femmes. Cette aide pourrait porter sur la mise en œuvre des engagements internationaux dans le domaine de la parité des sexes, ainsi que sur l’élaboration de programmes et de politiques au niveau national.
9. Les objectifs prioritaires seront les suivants :
a) Au sein de l’OSCE : • Créer des programmes spécifiques de formation du personnel de l’OSCE aux différences entre les sexes et de sensibilisation à l’égalité entre les sexes dans leur travail quotidien et des pro- grammes visant à renforcer les efforts déployés pour s’assurer que politiques et programmes intègrent un souci d’égalité entre les sexes, ainsi que des mécanismes d’examen et d’évaluation ; • Promouvoir une culture de gestion et un cadre de travail professionnels et sensibles aux diffé- rences entre les sexes ; • Appliquer à l’OSCE une politique de recrutement améliorée et novatrice afin de promouvoir l’égalité des chances pour tous, et de faire en sorte d’identifier et d’attirer des femmes qualifiées, en conformité avec le Statut du personnel (PC.DEC/550/Corr.1 du 27 juin 2003), le but étant d’augmenter le nombre de femmes occupant des postes de haut niveau à l’OSCE ; • Encourager les États participants à proposer un plus grand nombre de candidatures de femmes pour des postes à l’OSCE, et notamment pour des postes de direction et de décision, l’objectif étant d’améliorer continuellement le ratio entre hommes et femmes à tous les échelons ; • Parvenir à l’intégration effective d’un souci d’égalité entre les sexes dans les activités et les poli- tiques de l’OSCE, ainsi que dans celles des États participants.
b) Prêter son concours aux États participants dans les domaines suivants : • Définition de domaines prioritaires pour permettre aux structures de l’OSCE d’apporter leur aide aux États participants de l’OSCE dans la mise en œuvre de leurs engagements respectifs ; • Présentation de quelques unes des meilleures méthodes pour la promotion de l’égalité des femmes et des hommes dans les États participants ; • Mise en évidence et promotion du rôle des femmes dans la prévention des conflits et les proces- sus de reconstruction de la paix ; • Mise en place d’un cadre afin de faire en sorte que les questions de parité des sexes, y compris la mise en œuvre du présent Plan d’action, fassent l’objet de discussions et d’un examen réguliers.
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III. Promotion de l’égalité entre les sexes à l’OSCE
(A) Intégration d’une démarche soucieuse d’égalité entre les sexes dans les structures et le cadre de travail, ainsi que dans le recrutement
Formation
10. Pour atteindre les objectifs énoncés dans le présent Plan d’action, l’OSCE doit élargir l’éventail des possibilités existantes de formation et élaborer de nouveaux programmes à ce sujet conformé- ment à la stratégie de l’OSCE en matière de formation pour la période 2005-2007* et au Plan d’ac- tion de l’OSCE pour la lutte contre la traite des êtres humains†. Dans cette optique, le programme général d’orientation au Secrétariat, le stage d’initiation à la dimension humaine au BIDDH et les stages ou ateliers supplémentaires d’initiation sur le terrain comporteront, selon qu’il conviendra, deux modules spécialement adaptés :
Le premier module concernera la formation de tous les agents de l’OSCE à la prise en compte des différences entre les sexes et à l’intégration d’un souci d’égalité entre les sexes dans leur travail quotidien. Ce module, adapté de manière appropriée à chacune des catégories de personnel afin de répondre à leurs besoins spécifiques, expliquera les principes de l’égalité entre les sexes, les outils qui existent pour atteindre cet objectif, et les raisons pour lesquelles il est important que l’Organi- sation intègre une démarche soucieuse d’égalité entre les sexes dans ses activités. Le module sera pragmatique et interactif et comprendra des informations concernant les tâches et les responsabi- lités décrites dans le présent Plan d’action, ainsi que dans les dispositions pertinentes, notamment celles concernant la responsabilité de l’ensemble du personnel. Toutes les catégories de personnel seront concernées par cette formation qui pourra également être dispensée sur le terrain, si néces- saire, pour que le personnel recruté localement puisse y participer.
(a) Des modules spécifiques sur la lutte contre la violence familiale et la traite des êtres humains seront inclus dans les programmes de formation, en particulier dans ceux qui sont destinés à la police et aux observateurs des frontières.
(b) Les chefs d’institution et de mission, ainsi que les directeurs, prendront toutes les mesures en leur pouvoir pour faciliter la formation du personnel, afin que les femmes et les hommes bénéfi- cient des mêmes chances d’y participer. Ils recevront également des informations sur les politiques de l’OSCE concernant les questions de parité des sexes, en particulier les procédures de recours. • Le deuxième module traitera de l’incorporation d’une démarche soucieuse d’égalité entre les sexes dans les programmes, projets et activités de coopération technique de l’OSCE afin d’assu- rer l’intégration systématique d’une approche tenant compte des différences entre les sexes. Cela suppose d’examiner et d’adopter des politiques et des mesures dans le but spécifique de parve- nir à l’égalité en tenant activement compte des différences entre les sexes au cours des phases de la planification, de l’établissement de rapports, de la mise en œuvre et de l’évaluation. • Des dispositions relatives à un examen et à une évaluation devront être prévues dans tous les programmes de formation afin de mesurer leur efficacité à intervalles réguliers.
* SEC.GAL/118/04/Rev.5, 27 juillet 2004. † MC.DEC/2/03, annexe, p.12, Activités de sensibilisation. 8.4.: « Le Coordonnateur de la formation à l’OSCE, le Conseiller principal pour les questions de parité des sexes et le Coordonnateur principal pour les questions de sécurité continueront à utiliser les cours d’initiation pour concevoir et organiser la formation du personnel aux questions de parité des sexes, de traite des êtres humains et aux règles et directives applicables, en coopé- ration avec le BIDDH, et à organiser des ateliers spéciaux sur le terrain. Les chefs des opérations de terrain veil- leront à ce que la participation à ces cours de formation soit obligatoire pour tout le personnel. »
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• Le Coordonnateur de la formation à l’OSCE est chargé de concevoir et de mettre en œuvre le volet formation du personnel du présent Plan d’action en étroite coopération avec les unités et les coordonnateurs chargés des questions de parité des sexes au sein de l’Organisation et avec l’appui du réseau de coordonnateurs responsables de la formation.
Administration
11. Le Secrétaire général et les chefs d’institution et de mission s’emploieront fermement et active- ment à développer, au sein de l’Organisation, une sensibilité durable aux questions de parité des sexes et intensifieront leurs efforts visant à créer un cadre de travail et une culture de gestion tenant compte des différences entre les sexes et professionnels. Tous les agents de l’OSCE, en particulier le personnel exerçant des fonctions d’encadrement, s’emploieront également à promouvoir un tel cadre de travail. Lorsqu’il s’agira de pourvoir à des postes de direction, il conviendra de veiller à recruter des personnes qui soient sensibles aux différences entre les sexes et conscientes de l’im- portance d’une culture d’entreprise ouverte à la diversité. Le Directeur du Département des res- sources humains est chargé d’examiner et, si nécessaire, de renforcer la politique de l’OSCE contre le harcèlement, notamment sexuel. Il diffusera des informations sur le problème du harcèlement dans la vie professionnelle et sur les mesures disponibles pour le combattre et le prévenir, y sensi- bilisera le personnel et encouragera les victimes à déposer plainte.
12. L’appréciation du comportement professionnel du personnel de direction comprendra une éva- luation de leur sensibilité à la question de l’égalité entre les sexes. A cette fin, le Département des ressources humaines mettra au point un tableau d’affichage sur l’égalité entre les sexes comportant des informations au sujet de mesures pouvant être comparés entre tous les services.
13. Les États participants et/ou le Secrétariat procéderont à un examen des règlements, règles, directives et instructions de l’OSCE afin d’y intégrer, le cas échéant, des aspects concernant les différences entre les sexes.
14. Les chefs d’institution, les chefs de mission et les directeurs au Secrétariat présideront des réu- nions ordinaires de leur personnel dans le but d’examiner l’intégration des aspects concernant les différences entre les sexes dans les activités de leurs structures respectives et l’attention à accor- der à ces aspects, ainsi que d’encourager tout le personnel à incorporer une démarche soucieuse d’égalité entre les sexes dans son travail.
15. Le Secrétariat et le BIDDH continueront activement à échanger des informations sur les poli- tiques de gestion prenant en compte les différences entre les sexes avec les organisations interna- tionales, intergouvernementales et régionales concernées. Le Secrétariat renforcera en particulier l’interaction avec l’Assemblée parlementaire de l’OSCE sur la question de l’égalité entre les sexes. Le Secrétariat, les institutions et les missions s’emploieront à faire connaître le présent Plan d’action.
Recrutement
16. Le recrutement à l’OSCE doit se fonder sur un processus transparent et faire l’objet d’une concur- rence ouverte à tous les ressortissants des États participants, garantissant ainsi les plus hautes qua- lités d’efficacité, de compétence et d’intégrité.
17. Concernant le recrutement, l’article 3.01 du Statut du personnel de l’OSCE doit être appliqué intégralement, y compris le principe consistant à recruter du personnel de tous les États partici- pants de l’OSCE sur une base équitable.
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18. Les États participants sont encouragés à présenter un plus grand nombre de candidatures de femmes pour les postes à pourvoir à l’OSCE, en particulier les postes de plus haut niveau où les femmes sont sous-représentées. Les mesures à cet effet incluent notamment l’identifica- tion de sources nationales supplémentaires de recrutement et l’établissement de réseaux avec des organisations professionnelles, qui prêteront leur concours à la recherche de candidats qualifiés. Il conviendrait d’informer un plus grand nombre de ressortissants d’États participants, en parti- culier les femmes dans les États participants dont l’économie est en transition, des postes vacants à l’OSCE et de les encourager à présenter leurs candidatures.
19. Les États participants doivent être encouragés à établir des listes de femmes candidates poten- tielles en mettant spécialement l’accent sur les domaines de compétences dans lesquels les femmes sont sous-représentées.
20. Le Président en exercice et le Secrétariat s’emploieront activement à promouvoir les candida- tures de femmes, en particulier aux postes de plus haut niveau, en tenant compte du Statut du per- sonnel de l’OSCE.
21. Le Secrétariat devra s’employer à renforcer la formulation de la déclaration dans ses avis de vacance encourageant les femmes à présenter leur candidature.
22. Le Secrétariat améliorera en outre la planification de ses ressources humaines pour informer le plus tôt possible les États participants des postes prochainement vacants, afin de leur donner suffisamment de temps pour sélectionner et présenter des candidates qualifiées.
23. Le Président en exercice, le Secrétaire général, les chefs d’institution, ainsi que les chefs de mis- sion s’emploieront à améliorer le ratio entre hommes et femmes à tous les échelons de manière continue. Ce ratio, ainsi que les statistiques sur les femmes dont la candidature a été retenue, feront l’objet d’un examen dans le Rapport annuel d’évaluation des questions de parité des sexes à l’OSCE devant être présenté par le Secrétaire général conformément au paragraphe 47 ci-dessous.
24. Le Département des ressources humaines passera régulièrement en revue les procédures de recru- tement et les descriptions de postes en tenant compte des différences entre les sexes afin d’identi- fier d’éventuels préjudices et obstacles à l’égard des femmes candidates et, si nécessaire, de réviser les procédures comme il conviendra.
25. Le Département des ressources humaines s’efforcera, dans le cadre du recrutement à des postes de direction, d’inviter, dans la mesure du possible, des candidats des deux sexes à l’entretien et d’éta- blir, le cas échéant, une liste équilibrée des candidats hommes et femmes les plus aptes. La liste des candidats invités à se présenter à un entretien devrait spécifier le nombre d’hommes et de femmes qui ont effectivement posé leur candidature pour l’emploi en question.
26. La proportion d’hommes et de femmes dans les groupes chargés de mener l’entretien devrait, dans la mesure du possible, être équilibrée.
27. Le Département des ressources humaines du Secrétariat convoquera une réunion annuelle de coordination avec des délégations et des experts en formation et en recrutement des capitales, pour échanger des informations sur les profils et les qualifications les plus demandés, ainsi que sur les meilleures pratiques dans le domaine de la formation préalable à l’envoi en mission. Ces réu- nions étudieront également des initiatives visant à parvenir à une représentation équilibrée des hommes et des femmes dans le cadre du recrutement.
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28. Le Secrétariat continuera d’établir des statistiques annuelles sur la répartition actuelle des femmes et des hommes par catégorie de postes à chaque échelon. Ces statistiques engloberont les institutions et les missions, ainsi que chaque département et unité du Secrétariat, et seront annexées au Rapport annuel d’évaluation du Secrétaire général sur les questions de parité des sexes men- tionné dans le paragraphe 47 ci-dessous.
(B) Intégration d’une démarche soucieuse d’égalité entre les sexes dans les activités, les politiques, les programmes et les projets de l’OSCE
29. Les États participants, le Secrétariat, les institutions et les missions veilleront à ce qu’une démarche soucieuse d’égalité entre les sexes soit intégrée dans les activités, les programmes et les projets de l’OSCE. L’objectif sera de promouvoir la pratique de l’égalité entre les sexes dans l’espace de l’OSCE, pratique essentielle à la sécurité globale. Les États participants porteront notamment leur attention sur l’amélioration de la condition féminine et sur la participation des femmes et des hommes à la vie publique, politique et économique dans le contexte des processus démocratiques et économiques en cours dans les États participants. L’approche intégrée de l’égalité entre les sexes visera également à éliminer les stéréotypes négatifs et à changer les perceptions, ainsi qu’à faire adopter des comportements susceptibles de contribuer à l’égalité entre les femmes et les hommes dans tous les États participants.
30. Les conseillers pour la parité des sexes au Secrétariat, dans les institutions et les opérations de terrain devront être associés dès la phase préparatoire à l’élaboration de directives, de règles et de règlements nouveaux. Dans les rapports qu’ils font régulièrement au Conseil permanent, aux missions et aux institutions, les conseillers informeront le Conseil permanent des progrès réali- sés dans le cadre des initiatives visant à prendre en compte les différences entre les sexes, le cas échéant, et également des problèmes, lorsqu’ils apparaissent.
31. Le Centre de prévention des conflits (CPC) et en particulier la Cellule de coordination des pro- jets veilleront à ce que les nouveaux projets élaborés par les missions, les institutions et les unités du Secrétariat fassent l’objet d’une analyse tenant compte des différences entre les sexes ainsi que les projets existants lorsque ceux-ci sont évalués.
32. Le Secrétariat et les institutions tiennent compte des différences entre les sexes lorsqu’ils éla- borent des projets et des programmes à l’intention des États participants qui n’accueillent pas de mission de l’OSCE.
33. L’intégration d’une démarche soucieuse de l’égalité entre les sexes dans les activités, les poli- tiques, les projets et les programmes de l’OSCE au titre de la dimension politico-militaire doit également tenir compte des obligations énoncées dans la Résolution 1325 du Conseil de sécurité qui appelle à une participation accrue des femmes, notamment aux processus de prévention des conflits et de reconstruction après les conflits.
34. Les États participants, assistés de la Présidence, du Secrétaire général et des chefs d’institu- tions veilleront à ce que la planification des conférences et des séminaires de l’OSCE dans les trois dimensions tienne compte de l’aspect lié au sexe et inclue, le cas échéant, des sujets s’y rapportant.
35. Afin de réaliser des progrès tangibles concernant l’intégration d’une démarche soucieuse d’éga- lité entre les sexes dans les activités, les projets et les programmes de l’OSCE, les institutions et les missions travaillant sur les questions de parité des sexes devraient mettre au point des mécanismes concrets de suivi en coopération avec les États participants.
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36. Les missions, établiront, le cas échéant, des groupes de travail internes sur la question de la parité des sexes, sous la direction du Coordonnateur pour les questions concernant la parité des sexes, afin de mettre au point des stratégies en la matière, de suivre leur mise en œuvre et d’accroître la visibilité de leurs activités concernant l’égalité entre les sexes. Il incombe aux chefs de mission d’établir des coordonnateurs pour les questions concernant la parité des sexes à un niveau suf- fisamment élevé et de veiller à ce qu’ils puissent pleinement accéder au personnel de direction.
37. La Section de la presse et de l’information du Secrétariat, les institutions et les missions encou- rageront l’établissement de rapports qui tiennent compte des différences entre les sexes et appel- leront l’attention, le cas échéant, sur les réunions, les séminaires, les événements spéciaux, les rapports, les dossiers et les développements liés à la mise en œuvre des engagements de l’OSCE en matière d’égalité entre les sexes.
IV. Promotion de l’égalité de la partie des sexes dans les États participants
38. Les États participants, individuellement et collectivement, sont responsables au premier chef et redevables envers leurs citoyens de l’application de leurs engagements en matière d’égalité des droits et d’égalité des chances pour les femmes et les hommes. Ils se sont engagés à faire de l’égalité entre hommes et femmes une partie intégrante des politiques à la fois au niveau des États et au sein de l’Organisation. Ils veilleront à recourir pleinement aux instances appropriées de l’OSCE pour revoir la mise en œuvre de ses engagements concernant l’égalité entre les femmes et les hommes.
39. Il est donc recommandé aux États participants : • De veiller à ce que l’Organisation élabore des politiques assurant une promotion effective de la parité des sexes et que les nouvelles propositions et initiatives tiennent compte des diffé- rences entre les sexes ; • D’établir ou de renforcer les mécanismes existants pour assurer la parité des sexes, notamment en permettant le recours aux services d’une personne ou d’un organe impartial et indépendant, tel qu’un médiateur/commissaire aux droits de l’homme afin d’éliminer la discrimination fon- dée sur le sexe à l’égard de certains citoyens ; • D’adhérer aux normes et aux engagements internationaux qu’ils ont pris concernant l’égalité, la non-discrimination, ainsi que le droit des femmes et des fillettes, et de les appliquer pleinement ; • De se conformer à la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes, s’ils en sont parties, ou s’ils ne le sont pas encore, d’envisager de ratifier cette Conven- tion ou d’y adhérer. Les États qui ont ratifié cette Convention ou qui y ont adhéré en formu- lant des réserves, envisageront de les retirer. Les États parties à la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes sont également priés d’envisager de ratifier le Protocole facultatif à la Convention sur l’élimination de toutes les formes de dis- crimination à l’égard des femmes ; • S’ils sont parties à la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes, au Pacte international relatif aux droits civils et politiques et/ou au Pacte interna- tional relatif aux droits économiques, sociaux et culturels, de faire rapport régulièrement et en temps voulu aux organes respectifs et de faire également appel à des organisations de femmes pour la préparation de leurs rapports ; • De prendre d’autres mesures, si nécessaire, afin de garantir un environnement sûr à leurs citoyens et le droit à une protection égale par la loi, en renforçant en particulier les activités visant à éli- miner toutes les formes de violence à l’encontre des femmes, notamment la traite des êtres
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humains*, et d’encourager ceux qui ne l’ont pas encore fait à ratifier et à mettre en œuvre la Convention des Nations Unies contre la criminalité transnationale organisée et son Proto- cole additionnel visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants ; • D’appuyer les efforts nationaux et internationaux visant à traduire en justice les auteurs de crimes à l’encontre de femmes qui sont reconnus en vertu des règles du droit international comme crimes de guerre ou crimes contre l’humanité et de veiller à ce que la législation nationale exis- tante sur la violence à l’encontre des femmes soit appliquée et qu’une nouvelle législation soit élaborée, si nécessaire ; • Comme le recommandent les Principes directeurs relatifs à la protection internationale sur la per- sécution sexiste au sens de l’article 1A 2) de la Convention de 1951 et du Protocole de 1967 rela- tif au statut des réfugiés qui s’y rapporte, d’introduire des procédures, si les États ne l’ont pas encore fait, afin de veiller à ce qu’il soit dûment tenu compte des demandes présentées par les femmes dans les procédures de détermination du statut de réfugié et à ce que les recours concer- nant la persécution liée à l’appartenance au sexe féminin soient dûment reconnus ; • De mettre à profit l’expérience acquise par l’OSCE pour élaborer des politiques et des stratégies transdimensionnelles sur la parité des sexes et d’inclure dans le suivi de ces politiques, notam- ment, l’utilisation de mécanismes d’analyse et de suivi de la prise en compte des différences entre les sexes pour évaluer l’impact des politiques et stratégies visant à assurer l’égalité entre les sexes afin d’identifier et de lever les obstacles qui entravent leur pleine application.
V. Appui aux États participants de l’OSCE pour la mise en œuvre des engagements pertinents visant à promouvoir l’égalité entre les femmes et les hommes
Domaines d’intérêt spécial pour tous les États participants de l’OSCE
40. Les domaines prioritaires ci-après sont exposés comme base à utiliser par le Secrétariat, les institutions et les missions de l’OSCE dans l’élaboration de plans et de programmes afin d’aider les États participants, à leur demande, à mettre en œuvre les engagements pertinents. Toutes les structures de l’OSCE devraient s’attacher à respecter ces priorités, conformément à leurs mandats. Les pays qui n’accueillent pas de mission sont également priés de tirer pleinement parti des com- pétences des structures de l’OSCE pour les aider à promouvoir la parité des sexes, car aucun pays n’est encore parvenu à une pleine égalité entre hommes et femmes.
41. Priorités
(a) Élaborer des projets dans les États participants de l’OSCE n’accueillant pas de mission • Dans les pays où il n’y a pas de mission, le BIDDH identifiera des projets visant à appuyer les mesures dans les domaines de la prévention de la violence à l’encontre des femmes, de la pro- motion des femmes dans les sphères publique, politique et économique, et de l’appui à l’inté- gration d’une démarche soucieuse de l’égalité entre les sexes.
(b) Garantir un cadre juridique et politique non discriminatoire • Le BIDDH, en coopération avec d’autres organisations internationales et organes et institutions nationaux concernés, aidera les États participants de l’OSCE à se conformer aux instruments
* Il est fait référence à la Décision No 557 du Conseil permanent en date du 24 juillet 2003 sur l’adoption du Plan d’action de l’OSCE pour lutter contre la traite des êtres humains.
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internationaux pour promouvoir la parité des sexes et les droits des femmes, et à revoir la légis- lation afin d’apporter les garanties juridiques appropriées pour la promotion de la parité des sexes, conformément aux engagements pris par l’OSCE et à d’autres engagements ; • Le BIDDH contribuera à l’élaboration et à la mise en œuvre de programmes et d’activités spéci- fiques visant à promouvoir les droits de la femme, à renforcer le rôle des femmes à tous les niveaux de la prise de décisions et à promouvoir l’égalité entre les femmes et les hommes dans tout l’es- pace de l’OSCE, notamment par l’éducation à une sensibilisation aux différences entre les sexes ; • Le BIDDH contribuera à la mise en œuvre et à l’évaluation de stratégies et de plans d’action nationaux sur les mesures visant à promouvoir l’égalité entre les sexes et à intégrer une pers- pective tenant compte de différences entre les sexes ; • Le Secrétariat, les institutions et les opérations de terrain de l’OSCE aideront également les États participants à mettre en œuvre les dispositions et les recommandations pertinentes contenues dans le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains et dans le Plan d’action de l’OSCE visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE.
(c) Prévenir la violence à l’encontre des femmes* • Les structures de l’OSCE continueront à aider les États participants à élaborer des programmes et des activités visant à prévenir toutes les formes de violence fondées sur le sexe ;xe ;† • Les structures de l’OSCE aideront les États participants à lancer des initiatives législatives visant à prévenir la violence à l’encontre des femmes, encourageront la mise en place d’institutions, sou- tiendront les mesures visant à renforcer la coordination entre les pouvoirs publics et la société civile, et sensibiliseront davantage à ce problème en général ; • Les structures de l’OSCE examineront, en coopération avec les États participants, la dimen- sion liée aux différences entre les sexes de la prolifération des armes légères et de petit calibre (ALPC). La prolifération des ALPC exacerbe la violence à l’encontre des femmes et il importe qu’une perspective tenant compte des différences entre les sexes soit prise en compte dans toutes les activités connexes ; • L’Unité pour les questions stratégiques de police renforcera ses projets visant à aider les États par- ticipants à réagir face aux actes de violence sexuelle et à introduire dans les programmes de for- mation de la police des éléments tels que des méthodes d’enquête spéciales et des techniques d’entretien à utiliser avec les victimes de violence sexuelle, en particulier avec les enfants, ainsi que des informations sur les mécanismes d’orientation destinés à aider les victimes ; • Le Bureau du Coordonnateur des activités économiques et environnementales ainsi que l’Unité d’assistance à la lutte contre la traite des êtres humains, examineront les causes sous-jacentes de la traite des êtres humains, et prêteront leur concours, en coopération avec les institu- tions et structures pertinentes de l’OSCE, aux États participants pour remédier au manque
* L’Article 2 b) de la Déclaration des Nations Unies sur l’élimination de la discrimination à l’égard des femmes dispose ce qui suit : « La violence à l’égard des femmes s’entend comme englobant, sans y être limitée, les formes de violence énumérées ci-après : [...] la violence physique, sexuelle et psychologique exercée au sein de la collec- tivité, y compris le viol, les sévices sexuels, le harcèlement sexuel et l’intimidation au travail, dans les établisse- ments d’enseignement et ailleurs, le proxénétisme et la prostitution forcée. » † La résolution des Nations Unies sur « Les nouvelles mesures et initiatives pour la mise en œuvre de la Décla- ration et du Programme d’action de Pékin » (A/RES/S-23/3) du 16 novembre 2000, dispose (paragraphe 59) ce qui suit : « La violence fondée sur le sexe, telle que les tabassages et autres formes de violence familiale, les sévices sexuels, l’esclavage et l’exploitation sexuelle, la traite internationale des femmes et des enfants, la pros- titution forcée et le harcèlement sexuel... sont incompatibles avec la dignité et les valeurs inhérentes à la per- sonne humaine... »
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de possibilités pour les femmes, au chômage des femmes, ainsi qu’à d’autres aspects de la traite liés au sexe, notamment à l’aspect demande de l’exploitation sexuelle et d’autres formes d’ex- ploitation ; • L’Unité d’action contre le terrorisme prendra, sur demande, des mesures concernant la ques- tion de l’exploitation des femmes par les terroristes à leurs propres fins et en vue de propager des idéologies extrémistes ; • Les stéréotypes sexistes négatifs contribuant à la persistance de la violence contre les femmes, les programmes, les projets et les activités de l’OSCE devraient viser à responsabiliser les femmes.
(d) Assurer l’égalité des chances en vue de la participation des femmes à la vie politique et publique • Le BIDDH aidera les États participants à mettre en œuvre des mesures efficaces permettant d’as- surer la pleine participation des femmes aux processus démocratiques et aidera à définir des pra- tiques optimales en vue de leur mise en œuvre ; • Le BIDDH et les opérations de terrain de l’OSCE aideront, le cas échéant, à mettre en place des capacités et des compétences locales sur les questions relatives à la parité des sexes, ainsi que des réseaux unissant les dirigeants de communautés et les responsables politiques ;
Le BIDDH continuera à aider les États participants à promouvoir la participation politique des femmes. Il continuera, dans le cadre de sa mission d’observation des élections, à suivre la participa- tion des femmes dans les processus électoraux et à en faire rapport. De plus, si possible, le BIDDH commandera et publiera des rapports qui analysent spécifiquement la situation des femmes dans les processus électoraux ; • Le Haut Commissaire pour les minorités nationales examinera des questions spécifiques relatives à la participation des femmes appartenant à des minorités nationales à la vie publique et privée ainsi qu’à des politiques et projets élaborés par son Bureau, prendra les mesures nécessaires pour combattre la double discrimination dont sont victimes ces femmes, selon qu’il conviendra, dans le cadre de son mandat de prévention des conflits ; • Le Représentant de l’OSCE pour la liberté des médias fera preuve de vigilance face aux alléga- tions d’actes d’intolérance grave et d’incitation à la discrimination à l’égard des femmes dans ou par les médias des États participants conformément au chapitre 6 de son mandat. Il infor- mera les États participants de tels cas dans le cadre de ses rapports réguliers.
(e) Encourager la participation des femmes à la prévention des conflits, à la gestion des crises et à la reconstruction après les conflits • Les structures de l’OSCE, encourageront, dans les limites de leur mandat, l’application de la Réso- lution 1325 (2000) du Conseil de sécurité sur le rôle des femmes, notamment dans la prévention des conflits et la reconstruction après les conflits ; • Les structures de l’OSCE aideront, le cas échéant, les États participants à élaborer des programmes et des projets visant à assurer l’égalité des chances des femmes de participer aux efforts de pro- motion de la paix et de la sécurité, notamment ceux qui sont menés au niveau communautaire et au niveau régional. La responsabilisation des femmes dans le cadre de la dimension politi- co-militaire est également essentielle à la sécurité globale.
(f) Promouvoir l’égalité des chances des femmes dans la sphère économique • Le Bureau du Coordonnateur des activités économiques et environnementales prendra les ini- tiatives voulues pour accroître la sensibilisation aux droits des femmes dans le domaine écono- mique, telles qu’elles figurent au paragraphe 40.6 du Document de Moscou et, le cas échéant, élaborera des projets pour leur mise en œuvre ;
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• Le Bureau du Coordonnateur des activités économiques et environnementales devrait tenir compte des différences entre les sexes dans le cadre de l’exécution des tâches, telles qu’expo- sées dans le Document sur la stratégie de l’OSCE concernant la dimension économique et envi- ronnementale, adopté par le Conseil ministériel à Maastricht en 2003, et dans le Document de la Conférence de Bonn sur la coopération économique en Europe ; • Le Bureau du Coordonnateur des activités économiques et environnementales aidera, s’ils le demandent, les États participants à formuler leurs politiques économiques sur la base des prin- cipes énoncés dans le Document de Bonn et dans la Stratégie de l’OSCE concernant la dimen- sion économique et environnementale. A cet égard, l’OSCE devrait continuer à renforcer sa coopération avec la Commission économique pour l’Europe des Nations Unies et avec d’autres organisations ; • Le Bureau du Coordonnateur des activités économiques et environnementales analysera, en com- mun avec les États participants et les missions, les obstacles prévenant la pleine réalisation des femmes dans la sphère économique, élaborera des projets qui renforceront le rôle des femmes dans les activités économiques et veillera à ce qu’elles ne fassent pas l’objet d’une discrimination dans ce domaine, notamment en ce qui concerne leur accès aux ressources économiques et finan- cières, telles que les prêts, les droits fonciers et patrimoniaux, et le contrôle desdites ressources ; • Le Bureau du Coordonnateur des activités économiques et environnementales et, le cas échéant, les missions devraient promouvoir le renforcement des compétences entrepreneuriales des femmes et autres compétences associées au travail en appuyant les établissements de formation, de recy- clage et de formation spécialisée, et en assurant la promotion de l’éducation et de la formation des femmes et des hommes dans des disciplines et des emplois non traditionnels ; • Le Bureau du Coordonnateur des activités économiques et environnementales encouragera les organisations donatrices et les institutions de prêt internationales à appuyer les projets visant à accroître le rôle des femmes dans les activités économiques et à leur assurer l’égalité dans l’em- ploi. Les projets relatifs aux questions d’emploi devraient appeler l’attention sur le principe selon lequel les dispositions en matière de maternité et de paternité sont un élément clé de la promo- tion de l’égalité des chances et du partage des responsabilités entre les femmes et les hommes ; • Les structures de l’OSCE aideront les États participants à veiller à ce que les filles et les gar- çons, ainsi que les femmes et les hommes, jouissent de chances égales en matière d’éducation et de formation.
(g) Élaborer de mécanismes nationaux pour l’avancement des femmes • Le BIDDH continuera à apporter son savoir-faire et son appui à l’instauration d’institutions démocratiques visant à faire progresser l’égalité entre les sexes, par exemple par des bureaux de médiateur aux niveaux local et national, le cas échéant ; • Le BIDDH facilitera le dialogue et la coopération entre la société civile, les médias et le gouver- nement dans la promotion d’une approche intégrée de l’égalité entre les sexes.
(h) L’Assemblée parlementaire est encouragée à : • Continuer à inscrire à son ordre du jour la question de l’égalité de chances pour les hommes et les femmes dans les parlements nationaux, ainsi qu’au sein de l’OSCE et
de l’Assemblée parlementaire de l’OSCE, après avoir intégré le débat sur l’égalité entre les sexes à l’ordre du jour de ses séances plénières ; • Élargir le réseau existant de femmes parlementaires par le biais des activités du Représentant spé- cial de l’Assemblée parlementaire de l’OSCE sur la parité des sexes afin de promouvoir la parti- cipation des femmes à la vie politique et publique aux échelons national et international ;
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• Veiller, avec le concours du Représentant spécial, à continuer à élaborer des recommandations concernant la parité des sexes dans ses déclarations annuelles ; • Continuer à établir, par le biais de l’Unité sur la parité des sexes au Secrétariat de l’Assemblée parlementaire de l’OSCE, des rapports sur la situation des femmes dans l’espace de l’OSCE, et s’attacher à renforcer la sensibilisation à cette question en mettant de tels documents à la dis- position de tous les parlements des États participants.
VI. Suivi général
42. Le Secrétaire général, les chefs de mission et les chefs d’institution, seront responsables devant le Conseil permanent de la mise en œuvre des parties pertinentes du présent Plan d’action, confor- mément à leurs responsabilités respectives.
43. Le Secrétaire général élaborera avant le 1er octobre 2005 un plan de mise en œuvre des mesures pour atteindre les objectifs généraux énoncés dans le présent Plan d’action. Les chefs d’institution élaboreront également leurs propres plans d’application pour cette date. Ces plans comprendront des mesures concrètes en vue de la mise en œuvre du Plan d’action de 2004 pour la promotion de l’éga- lité entre les sexes, des mesures concernant les programmes de formation sur la prise en compte des différences entre les sexes dans les activités des agents de l’OSCE, des mesures pour l’intégra- tion transdimensionnelle des différences entre les sexes dans les politiques, les projets et les pro- grammes de l’OSCE, et enfin des stratégies de gestion et de recrutement, afin de réaliser l’équilibre entre les sexes à tous les niveaux.
44. Le Secrétaire général fera rapport sur l’avancement des travaux relatifs aux questions de parité des sexes dans le rapport annuel pour 2004. Il présentera ensuite un rapport annuel d’évaluation sur les questions de parité des sexes à l’OSCE. Ce rapport sera présenté au Conseil permanent en juin de chaque année à compter de 2006. Il comportera les contributions des départements, des insti- tutions et des missions sur les faits nouveaux concernant l’égalité entre les sexes et l’intégration d’une démarche soucieuse de l’égalité entre les sexes dans les structures de l’OSCE, notamment des informations sur les plans figurant au paragraphe 46 ci-dessus. Il comprendra également une analyse des réalisations en fonction des exigences du présent Plan d’action.
45. A compter de juin 2006, le Conseil permanent tiendra, sur la base du Rapport annuel d’évalua- tion du Secrétaire général sur les questions de parité des sexes, un débat annuel consacré tout par- ticulièrement à ces questions, qui couvrira l’examen et, si nécessaire, la mise à jour des politiques et des stratégies en matière d’intégration des différences entre les sexes et de promotion de l’éga- lité entre les sexes. Ce débat devrait également permettre d’assurer le suivi de la mise en œuvre du présent Plan d’action.
46. La nécessité d’inclure, en coopération avec les pays hôtes, une perspective tenant compte des différences entre les sexes dans le mandat de chacune des missions peut être envisagée, en fonc- tion des besoins.
47. La prochaine révision du présent Plan d’action de 2004 pour la promotion de l’égalité entre les sexes aura lieu à la date fixée par le Conseil permanent.
48. La mise en œuvre du présent Plan d’action requiert la mise à disposition de ressources adéquates.
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I. Déclarations du Conseil ministériel
Déclaration ministérielle sur la Convention internationale pour la répression des actes de terrorisme nucléaire
1. Nous, les Ministres des affaires étrangères des États participants de l’OSCE, saluons l’adoption par l’Assemblée générale des Nations Unies de la Convention internationale pour la répression des actes de terrorisme nucléaire.
2. Nous nous engageons à tout mettre en œuvre pour signer cette Convention internationale le jour de son ouverture à la signature au Siège des Nations Unies, à New York, le 14 septembre 2005.
3. Nous encourageons la mise en œuvre de toutes les mesures nécessaires pour ratifier, accepter, approuver ou devenir parties à cette Convention internationale dans les plus brefs délais.
4. Nous demandons instamment au Secrétaire général de l’OSCE et au Bureau des institutions démocratiques et des droits de l’homme de fournir aux États participants qui en font la demande formelle, et lorsque cela est approprié, une assistance/des conseils techniques pour la ratification, l’acceptation ou l’approbation sans tarder de cette Convention internationale, en étroite coopéra- tion avec l’Office des Nations Unies contre la drogue et le crime.
5. Nous invitons les partenaires de l’OSCE pour la coopération et les partenaires méditerranéens pour la coopération à se joindre à notre initiative.
Déclaration ministérielle de l’OSCE à l’occasion du vingtième anniversaire de la catastrophe de la centrale nucléaire de Tchernobyl
Le 26 avril 2006 marquera le vingtième anniversaire de la catastrophe de la centrale nucléaire de Tchernobyl.
Commémorant ce jour tragique, souvenons-nous, une fois de plus, de toutes les victimes, y com- pris de toutes les équipes de secours et d’intervention, de la plus grande catastrophe technologique du vingtième siècle, de par son ampleur et de par ses conséquences.
Cette catastrophe a provoqué une contamination radioactive à grande échelle sur de vastes zones en Europe, tout particulièrement dans les territoires de la Biélorussie, de la Fédération de Russie et de l’Ukraine. L’accident a affecté la vie et la santé de millions de personnes, en particulier des enfants, et a fait peser un lourd fardeau sur l’économie et l’environnement de la plupart des États touchés.
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Nous saluons les efforts considérables accomplis par les gouvernements des pays concernés pour surmonter les effets de l’accident de Tchernobyl. Ces initiatives ont été complétées, dans une large mesure, par l’action de la communauté internationale, notamment des organismes des Nations Unies, de la Banque mondiale et de la Banque européenne pour la reconstruction et le dévelop- pement (BERD), qui se sont attachés à contribuer à atténuer les conséquences de la catastrophe de Tchernobyl. Nous nous félicitons également de la contribution d’organisations non gouverne- mentales, d’initiatives privées et celle de particuliers.
Mais aujourd’hui encore, les effets de la catastrophe sur le long terme, qui incluent des problèmes à la fois humanitaires, environnementaux, sociaux, économiques et sanitaires, persistent. Il nous faut donc poursuivre nos efforts en vue d’atténuer ces conséquences en nous concentrant en pre- mier lieu sur des questions aussi vitales que la réhabilitation économique et environnementale et le développement durable des territoires contaminés.
Nous sommes également conscients que la centrale nucléaire de Tchernobyl constitue toujours une menace potentielle au cœur de l’Europe. A cet égard, il convient tout particulièrement de veiller à achever le plan de construction d’un abri sécurisé visant à transformer le réacteur, en construi- sant le principal élément restant, un nouveau massif de protection en forme d’arche. Nous nous félicitons des efforts accomplis par la communauté internationale pour renforcer ses engagements financiers en faveur du Fonds pour la réalisation d’un massif de protection à Tchernobyl, géré par la BERD, qui s’élèvent cette année à plus d’un milliard de dollars des États-Unis.
Les questions environnementales ont toujours fait partie du mandat de l’OSCE, ce qui reflète l’ap- proche globale de l’Organisation dans le domaine de la sécurité et de la coopération. Dans l’Acte final d’Helsinki, nous nous sommes mis d’accord pour étudier ces problèmes environnementaux qui, de par leur nature, ont une dimension multilatérale, bilatérale, régionale ou sous-régionale, afin de les résoudre et d’encourager le développement d’une approche interdisciplinaire des pro- blèmes environnementaux.
Dans ce contexte, l’OSCE continuera de participer aux efforts de coopération internationaux pour atténuer les conséquences de l’accident de Tchernobyl, notamment en contribuant aux projets per- tinents et en les appuyant, et continuera de fournir, en concertation avec les États concernés, l’as- sistance et l’expertise appropriées.
Alors que nous commémorons cet événement tragique, nous sommes conscients que la catastrophe de Tchernobyl nous a montré à quel point il importe que la communauté internationale élabore et applique des politiques et des stratégies agréées pour veiller à ce que les dispositions voulues soient prises afin de prévenir les accidents technologiques ainsi que leurs conséquences sur les êtres humains et l’environnement, et d’y répondre. Nous sommes également d’avis que, pour s’at- taquer efficacement à de tels problèmes, des efforts concertés s’imposent entre États concernés, organisations internationales pertinentes, institutions financières et autres donateurs intéressés.
II. Concept relatif à la sécurité et à la gestion des frontières
Cadre pour la coopération des États participants de l’OSCE
Chapitre I : Engagements des États participants de l’OSCE
1. Considérant que la sécurité et la gestion des frontières est une question qui relève de la souve- raineté nationale et de la responsabilité des États, les États participants de l’OSCE réaffirment leur
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volonté de promouvoir des frontières ouvertes et sûres dans un espace de l’OSCE libre, démocra- tique et plus cohérent exempt de lignes de division. Ce faisant, ils s’engagent également à coopérer en suivant les principes du droit international, de la confiance réciproque, du partenariat sur un pied d’égalité, de la transparence et de la prévisibilité, et à adopter une approche globale dans un esprit qui faciliterait des relations amicales entre États.
2. Les États participants de l’OSCE réaffirment les obligations et les engagements ayant trait aux questions relatives aux frontières qu’ils ont pris à tous les niveaux : 2.1 A l’échelle mondiale : S’agissant des questions de sécurité et de gestion des frontières, les États participants réaffirment leurs engagements en vertu du droit international, en particulier des ins- truments internationaux relatifs aux droits de l’homme, au droit des réfugiés et au droit huma- nitaire, et peuvent prendre en considération également les normes et recommandations énoncées par l’Organisation mondiale des douanes, l’Organisation internationale pour les migrations, l’Or- ganisation internationale du travail, le Haut Commissariat des Nations Unies pour les réfugiés et d’autres organisations internationales pertinentes ; 2.2 A l’échelle de l’OSCE : Les États participants réaffirment les normes, principes, engagements et valeurs inscrits dans l’Acte final d’Helsinki qui s’appliquent à tous également et sans réserve, chacun d’entre eux étant interprété en tenant compte des autres. Ils réaffirment les principes et engagements énoncés dans le Document de Copenhague 1990, le Document d’Helsinki 1992 et la Charte de sécurité européenne de 1999. Ils rappellent les plans d’action, les décisions et autres documents pertinents agréés par l’OSCE qui traitent de questions relatives aux frontières. En par- ticulier, le renforcement des capacités de l’OSCE pour promouvoir des frontières ouvertes et sûres et l’amélioration de la coopération interétatique mutuellement bénéfique sont des moyens de faire face aux menaces du terrorisme, de la criminalité organisée, des migrations illégales et du trafic illicite d’armes, de drogues et d’êtres humains, comme indiqué au paragraphe 35 de la Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle ; 2.3 A l’échelon régional et sous-régional : Dans le même esprit, les États participants réaffirment leurs obligations et leurs engagements dans toutes les structures régionales et sous-régionales dont ils sont membres et s’attachent à promouvoir leur coopération dans toutes les organisations et institutions pertinentes afin de veiller à la cohérence dans les politiques et les normes et d’évi- ter le chevauchement d’activités ; 2.4 Au niveau bilatéral : Dans un esprit de solidarité et soucieux d’instaurer des relations de bon voisinage, les États participants respecteront leurs accords bilatéraux sur les questions relatives aux frontières et entreprendront de promouvoir la mise en commun des données d’expérience et des meilleures pratiques.
Chapitre II : Principaux objectifs de la coopération
3. La coopération des États participants vise à promouvoir la mise en œuvre des engagements rela- tifs aux frontières. Elle devrait permettre de favoriser le respect des normes reconnues par les États participants en matière de sécurité et de gestion des frontières, ainsi que leur amélioration, notam- ment, sur la base de la mise en commun des meilleures pratiques.
4. Les États participants s’emploieront à promouvoir la coopération entre leurs services des fron- tières, autorités douanières, organismes émettant les documents de voyage et les visas, et ceux chargés de l’application de la loi et des questions de migration, ainsi qu’avec d’autres structures nationales compétentes, dans le but d’atteindre les objectifs suivants : 4.1 Promouvoir la libre circulation et la sécurité des personnes, des biens, des services et des inves- tissements entre les pays, conformément aux Promouvoir la circulation libre et sûre des personnes,
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des biens, des services et des investissements à travers les frontières, en conformité avec les cadres juridiques pertinents, le droit international et les engagements de l’OSCE, notamment en renfor- çant la sécurité des documents de voyage et en favorisant, le cas échéant, les circonstances qui per- mettraient la libéralisation des régimes de visas, dans l’esprit des engagements énoncés dans les documents susmentionnés ; 4.2 Réduire la menace que constitue le terrorisme, notamment en empêchant la circulation transfron- talière de personnes, d’armes et de fonds liés à des activités terroristes et autres activités criminelles ; 4.3 Prévenir et réprimer la criminalité transnationale organisée, les migrations illégales, la cor- ruption, la contrebande et le trafic d’armes, de drogues et d’êtres humains ; 4.4 Promouvoir des normes élevées au sein des services des frontières et des structures nationales compétentes ; 4.5 Promouvoir un traitement digne pour toutes les personnes désireuses de traverser des fron- tières, en conformité avec les cadres légaux nationaux pertinents, le droit international, notam- ment les instruments relatifs aux droits de l’homme, au droit des réfugiés et au droit humanitaire, et les engagements pertinents de l’OSCE ; 4.6 Créer des conditions favorables au développement social et économique dans les territoires frontaliers, ainsi qu’à la prospérité et à l’épanouissement culturel des personnes appartenant à l’en- semble des communautés résidant dans des zones frontalières, avec accès à toutes les opportunités ; 4.7 Promouvoir les perspectives de développement économique commun et contribuer à établir des espaces communs de liberté, de sécurité et de justice dans l’espace de l’OSCE ; 4.8 Assurer la sécurité du circuit international de transport pour l’approvisionnement en pro- duits de base.
Chapitre III : Principes de coopération des États participants de l’OSCE sur les questions relatives aux frontières
Se fondant sur l’approche coopérative de l’OSCE,
5. Les États participants s’accordent à reconnaître que leur prospérité et leur sécurité communes peuvent être renforcées grâce à une augmentation des mouvements transfrontaliers bénéfiques de personnes, de biens, de services et d’investissements.
6. Les questions de nature réglementaire que soulèvent les mouvements transfrontaliers peuvent être abordées de façon optimale par le biais d’une coopération directe entre les services des fron- tières et les structures nationales compétentes des États participants, sur la base d’accords perti- nents. Cette coopération devrait avoir lieu aux niveaux bilatéral, régional et multilatéral.
7. Les autorités nationales souveraines et, en particulier, les services des frontières responsables de part et d’autre de la frontière connaissent le mieux les problèmes qui se posent. Le dialogue, la transparence et le renforcement de la confiance en matière transfrontalière constituent les pre- mières étapes logiques en vue de générer des solutions à valeur ajoutée pour le profit de tous.
8. Les frontières au sein de l’OSCE ne sont pas uniformes. Chaque frontière a ses caractéristiques propres et peut exiger des choix politiques spécifiques. Chaque État participant a le droit souve- rain de choisir comment sécuriser et gérer ses frontières, en tenant compte des considérations poli- tiques, militaires, économiques et sociales appropriées.
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Chapitre IV : Contribution de l’OSCE
9. Conformément à son concept de sécurité commune, globale, coopérative et indivisible, l’OSCE constitue un cadre politique approprié et offre les services de ses structures et institutions pour des contributions. Elle agit à la demande des États participants et dans un esprit de solidarité et de partenariat, sur la base des intérêts et du respect mutuels. Dans le cas où l’OSCE offre sa contri- bution dans des zones frontalières entre des États participants, elle agira après d’étroites consul- tations avec ces États et en tenant compte des vues qu’ils ont exprimées.
10. Les activités menées par l’OSCE à l’appui de la sécurité et de la gestion des frontières se fon- deront sur le réalisme et le pragmatisme. Elles exploiteront au mieux les structures et institutions de l’OSCE, dont le renforcement devrait être envisagé. Les activités de l’OSCE relatives aux fron- tières font l’objet d’un examen et d’un suivi périodiques des organes décisionnels de l’OSCE et par l’intermédiaire du processus budgétaire.
11. L’OSCE assurera un dialogue politique continu sur les questions relatives aux frontières, par le biais d’échanges de vues au sein d’une structure consultative de travail appropriée sur la mise en œuvre des engagements et le renforcement futur de la coopération des États participants dans ce domaine, ainsi que sur la fourniture aux structures et institutions de l’OSCE d’orientations concernant les activités relatives aux frontières.
12. L’OSCE reste une enceinte de dialogue et de règlement des conflits par un dialogue pacifique. La Cour de conciliation et d’arbitrage de l’OSCE est, à cet égard, un instrument à la disposition des États reconnaissant sa compétence, qui peut être consulté et fournir, sur demande, un avis juridique.
13. La contribution possible de l’OSCE peut être mise en pratique, notamment, en suivant les méthodes ci-après : • Échange d’informations, de données d’expérience et de meilleures pratiques ; • Établissement de « points de contact » et de centres nationaux de coordination ; • Tenue d’ateliers et de conférences, y compris avec la participation d’experts ; • Contacts et interaction avec les organisations internationales et régionales compétentes.
Une liste plus détaillée de contributions possibles de l’OSCE est jointe en annexe.
Chapitre V : Coopération externe de l’OSCE avec des organisations et des partenaires internationaux
14. L’OSCE peut mettre à disposition son cadre organisationnel en vue d’une interaction avec les organisations internationales, régionales et sous-régionales sur les questions relatives aux fron- tières, conformément à la Plate-forme pour la sécurité coopérative.
15. La coopération et l’assistance internationales pourraient bénéficier d’une approche plus ciblée et coordonnée. L’OSCE devrait poursuivre sa coordination politique et opérationnelle avec d’autres organisations et institutions internationales dans la promotion de frontières ouvertes et sûres. Com- plémentarité, atouts comparatifs et valeur ajoutée devraient sous-tendre cette approche coordonnée, notamment par le biais d’actions concertées et du déploiement conjoint de ressources internationales.
16. En tant qu’accord régional au sens du Chapitre VIII de la Charte des Nations Unies, l’OSCE est également une enceinte de coopération avec les organisations sous-régionales dans son espace.
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Une coordination accrue dans les domaines de la sécurité et de la gestion des frontières au niveau sous-régional peut constituer un tremplin vers l’établissement dans l’OSCE tout entière de fron- tières ouvertes et sûres.
17. Les dispositions du présent Concept seront adoptées par les partenaires pour la coopération, sur une base volontaire.
Annexe au document No 2/05 : Contributions possibles de l’OSCE
A la demande des États participants intéressés et dans les domaines où elles peuvent apporter un avantage comparatif et une valeur ajoutée, les contributions de l’OSCE, sur la base des enseignements tirés des programmes relatifs aux frontières, pourraient notamment prendre les formes suivantes :
A. Facilitation :
1. Dialogue politique entre États participants sur des questions relatives aux frontières, y compris bons offices de l’OSCE ;
2. Mesures de renforcement de la confiance dans les régions frontalières, comme énoncé dans les documents pertinents de l’OSCE, ainsi que dans les décisions du Forum pour la coopération en matière de sécurité ;
3. Dialogue technique entre les services des frontières nationaux et les structures nationales com- pétentes, par le biais d’échanges d’informations à tous les niveaux ;
4. Mobilisation et coordination possibles de l’assistance.
B. Formes générales de contribution :
1. Assistance technique pour l’élaboration et la mise en œuvre de stratégies et de plans d’action nationaux, sur la base de la conception qu’en ont les autorités nationales et de leurs engagements existants, si un État en fait la demande ;
2. Assistance technique pour l’élaboration, l’adaptation et l’harmonisation des dispositions légis- latives pertinentes ;
3. Assistance technique pour le renforcement de l’efficacité des structures frontalières par le biais de la mise en commun des meilleures pratiques ;
4. Assistance technique pour l’élaboration et la mise en œuvre de plans et de programmes de for- mation par le biais de la mise en commun des meilleures pratiques et d’échanges internationaux ;
5. Échange global d’informations en faisant, entre autres, mieux connaître les ressources qui englobent toute l’expérience internationale disponible, notamment les nouvelles technologies et le savoir faire concernant, par exemple, des contrôles rapides mais efficaces aux frontières, la construc- tion de postes de contrôle aux frontières, etc. ;
6. Identification de sources de matériel et de fournitures appropriés pour les services des frontières, dans l’optique de leur mobilisation éventuelle.
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C. Possible assistance spécialisée dans les domaines suivants :
1. Lutte contre le terrorisme, la criminalité transnationale organisée, les migrations illégales et le trafic illicite d’armes nucléaires, biologiques, chimiques et conventionnelles, ainsi que de leurs vec- teurs et des matières connexes, de déchets dangereux, de drogues et d’êtres humains : (i) Renforcement des réseaux internationaux d’échange et de mise en commun d’informations sur les menaces et défis à la sécurité susmentionnés ; (ii) Formation spécifique en matière criminelle pour les services des frontières et les structures nationales compétentes ; (ii) Identification de sources de matériel et de fournitures spécifiques aux crimes et, si possible, mobilisation des ressources disponibles ; (iii) Moyens techniques et non techniques de détection des documents illégaux ou faux visant à améliorer la sécurité des documents de voyage et des visas ; (iv) Encouragement à la conclusion et à la mise en œuvre d’accords de coopération transfronta- lière ; (v) Promotion de la mise en œuvre et de l’élaboration de normes et de pratiques multilatérales internationales, en conformité avec les cadres légaux internationaux, concernant l’extradition et d’autres formes de coopération juridique sur des questions pénales relatives au terrorisme et à d’autres crimes graves, ainsi que sur des aspects relatifs à la sécurité et à la gestion des frontières ; (vi) Renforcement de la coopération destinée à prévenir et à contrer la menace du trafic illicite de drogues.
2. Circulation libre et sûre des personnes : (i) Assistance technique et avis d’experts relatifs aux procédures de sortie et d’entrée, y compris pour la simplification des procédures de visas, le cas échéant ; (ii) Avis d’experts relatifs au renforcement de la sécurité des documents de voyage ; (iii) Facilitation de la circulation libre et sûre des personnes à travers les frontières ; (iv) Promotion par les structures et institutions de l’OSCE des droits et des intérêts des per- sonnes appartenant à toutes les communautés vivant dans des régions frontalières, sans porter atteinte aux personnes appartenant à des minorités nationales et avis d’experts à ce sujet ; (v) Sensibilisation aux droits des migrants et des demandeurs d’asile.
3. Domaine économique et environnemental : (i) Mise en commun des meilleures pratiques relatives aux procédures aux postes frontières et aux procédures douanières pour l’importation, l’exportation et le transit, notamment pour assurer la sécurité du circuit international de transport ; (ii) Promotion de la coopération économique transfrontalière et facilitation du commerce fron- talier local ; (iii) Renforcement de la coopération transfrontalière sur des questions environnementales qui ont un impact sur le développement des collectivités locales ; (iv) Facilitation de la coopération transfrontalière en cas de catastrophes naturelles ou d’acci- dents graves dans des zones frontalières ;
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(v) Garantie de la sécurité du circuit international de transport pour l’approvisionnement en pro- duits de base, notamment par l’instauration d’un système permettant de fournir des informa- tions préliminaires sur les marchandises et les véhicules ayant traversé des frontières.
III. Décisions du Conseil ministériel
Décision No 2/05
Migration
Le Conseil ministériel,
Réaffirmant les engagements relatifs aux migrations et en particulier concernant les travailleurs migrants, et les autres engagements pertinents, spécialement ceux reconnus dans l’Acte final d’Hel- sinki (1975), le Document de Madrid (1983), le Document de Vienne (1989), le Document de Copen- hague (1990), la Charte de Paris pour une nouvelle Europe (1990), le Document de Moscou (1991), le Document d’Helsinki (1992), le Document de Budapest (1994) et les documents adoptés par le Conseil ministériel à Maastricht (2003) et Sofia (2004),
Considérant l’importance croissante des migrations, ainsi que les problèmes qu’elles posent et les atouts qu’elles présentent pour les États participants,
Considérant en outre que les migrations deviennent un phénomène plus diversifié et complexe, qui doit être abordé d’une manière globale et requiert par conséquent une approche transdimen- sionnelle aux niveaux national, régional et international,
Considérant que tous les États devraient adopter des cadres nationaux efficaces pour gérer les migrations, Soulignant que les migrations sont intrinsèquement une question transnationale qui exige une coopération entre États,
Sachant que les migrations constituent un important facteur économique, social et humain pour les pays hôtes ainsi que pour les pays d’origine,
Sachant également que des politiques efficaces d’intégration qui incorporent le respect de la diver- sité culturelle et religieuse ainsi que la promotion et la protection des droits de l’homme et des libertés fondamentales sont un facteur dans la promotion de la stabilité et de la cohésion au sein de nos sociétés,
Résolu à lutter contre les migrations illégales et à s’attaquer à leurs causes profondes,
Ayant à l’esprit les différentes approches des questions de migration par les États participants de l’OSCE, et mettant à profit leur expérience et leurs meilleures pratiques,
Tenant compte des initiatives prises et du travail effectué par l’OSCE en 2005 pour traiter de la ques- tion des migrations et de l’intégration, notamment le Séminaire sur la dimension humaine consa- cré aux migrations et à l’intégration, le treizième Forum économique de l’OSCE et le Séminaire méditerranéen de 2005,
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Se félicitant de la coopération existante entre l’OSCE, en particulier le Bureau des institutions démocratiques et des droits de l’homme (BIDDH) et le Bureau du Coordonnateur des activités éco- nomiques et environnementales, et les organisations et institutions internationales compétentes,
Estimant que l’OSCE, dans le cadre de son approche globale de la sécurité, pourrait apporter sa contribution,
entre autres, en : • Œuvrant en synergie avec les organismes internationaux qui s’occupent plus particulièrement des migrations et en instaurant avec ces derniers un partenariat plus solide, • Facilitant le dialogue et la coopération entre États participants, y compris les pays d’origine, de transit et de destination dans l’espace de l’OSCE, ainsi que ses partenaires pour la coopéra- tion et partenaires méditerranéens pour la coopération, • Prêtant son concours aux États participants, à leur demande, pour élaborer des politiques migra- toires efficaces et mettre en œuvre leurs engagements de l’OSCE en la matière, • Invitant les États participants à envisager de devenir parties aux instruments internationaux pertinents,
Charge le Conseil permanent d’assurer le suivi du travail entrepris en 2005 et de présenter un rap- port à la quatorzième Réunion du Conseil ministériel ;
Charge le Secrétaire général ainsi que les institutions et structures pertinentes de l’OSCE de pour- suivre leur travail sur les questions de migration dans toutes les trois dimensions.
Décision No 3/05
Lutte contre la criminalité transnationale organisée
Le Conseil ministériel,
1. Réaffirmant l’engagement pris par les États participants de prévenir et de combattre la crimina- lité organisée, en particulier telle qu’elle est reconnue dans la Charte de sécurité européenne (1999), dans le Plan d’action de Bucarest pour lutter contre le terrorisme (2001), dans la Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle (2003) et dans le Docu- ment sur la Stratégie de l’OSCE concernant la dimension économique et environnementale (2003),
2. Réitérant la profonde préoccupation exprimée dans les textes issus du Sommet du Millénaire (Document final du Sommet mondial de 2005) sur les effets négatifs que la criminalité organisée exerce sur la paix, la sécurité et la stabilité, ce qui constitue un obstacle majeur à la prospérité et au développement durable des États participants,
3. Soulignant les liens qui existent entre la criminalité transnationale organisée et d’autres menaces telles que les drogues illicites, le terrorisme, le commerce illicite des armes légères et de petit calibre ainsi que de matières et de technologies sensibles, la traite des êtres humains, le trafic de migrants, la cybercriminalité, la corruption et la migration clandestine dans le contexte de la criminalité organisée et du blanchiment d’argent,
4. Reconnaissant que la Convention des Nations Unies contre la criminalité transnationale organisée et les protocoles s’y rapportant, adoptés par l’Assemblée générale des Nations Unies le 15 novembre
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2000 à New York, représentent un pas important dans la coopération internationale contre la cri- minalité transnationale organisée et offrent la possibilité de la combattre à l’échelle planétaire,
5. Reconnaissant l’action menée par l’OSCE dans les domaines liés à la lutte contre la crimina- lité organisée,
6. Convaincu que le concept de sécurité globale de l’OSCE est bien placé pour améliorer la capa- cité des États participants à faire face à la menace de la criminalité organisée, que l’OSCE peut offrir un cadre adapté à la promotion de la lutte contre la criminalité organisée, et saluant l’im- portant travail accompli par les organisations et institutions internationales, en particulier l’Of- fice des Nations Unies contre la drogue et le crime, • Demande instamment aux États participants qu’ils renforcent leur coopération entre eux et avec l’ONUDC, le Conseil de l’Europe et d’autres organisations internationales pertinentes ; • Invite les États participants de l’OSCE qui ne l’ont pas encore fait à envisager de devenir par- ties à la Convention des Nations Unies contre la criminalité transnationale organisée et aux Protocoles s’y rapportant, adoptés par l’Assemblée générale des Nations Unies le 15 novembre 2000 à New York, et à s’acquitter pleinement de leurs obligations au titre desdits instruments ; • Charge le Secrétaire général de fournir aux États participants qui en font la demande l’appui voulu pour mobiliser l’assistance technique, notamment l’expertise et les ressources nécessaires, de la part des organisations internationales compétentes pour mettre en œuvre la Convention des Nations Unies contre la criminalité transnationale organisée et les protocoles s’y rapportant, à l’appui de et en étroite consultation avec la Conférence des Parties et l’ONUDC ; • Rappelle que prévenir et combattre la criminalité organisée exigent une approche cohérente des États participants en vue de promouvoir la mise en œuvre de leur législation et de leurs pro- grammes nationaux pertinents, notamment dans le domaine de la justice pénale, en conformité avec la primauté du droit et les engagements des États participants de l’OSCE ; • Charge le Conseil permanent de mener plus avant la coopération entre les États participants et de s’employer à mettre au point, avec l’appui du Secrétaire général et des institutions perti- nentes de l’OSCE, des mesures et formes d’assistance possibles dont les États participants qui en font la demande pourraient disposer afin d’améliorer et de promouvoir le fonctionnement des systèmes de justice pénale, notamment la législation, l’application de la loi, les poursuites, l’administration de la justice, la coopération juridique internationale, y compris l’extradition et le système pénal, en consultation avec l’ONUDC, le Conseil de l’Europe et d’autres organisa- tions internationales pertinentes ; • Invite les partenaires de l’OSCE pour la coopération et les partenaires méditerranéens de l’OSCE pour la coopération à mettre volontairement en œuvre les dispositions pertinentes de la pré- sente décision.
Décision No 4/05
Renforcement de la coopération en matière pénale pour lutter contre le terrorisme
Le Conseil ministériel,
Résolu à renforcer les activités de l’OSCE dans le domaine de la lutte contre le terrorisme confor- mément au droit international et dans le respect des engagements existants de l’OSCE,
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Rappelant les résolutions 1373 (2001), 1566 (2004) et 1624 (2005) du Conseil de sécurité des Nations Unies, par lesquelles tous les États sont appelés à devenir parties, dès que possible, aux conven- tions et protocoles internationaux pertinents relatifs au terrorisme, et à coopérer sans réserve à la lutte contre le terrorisme, ainsi que les engagements existants de l’OSCE en matière de lutte contre le terrorisme,
Rappelant également la résolution 1631 (2005) du Conseil de sécurité des Nations Unies, par laquelle il est notamment demandé instamment « à toutes les organisations régionales et sous-régionales de lutter plus efficacement contre le terrorisme dans le cadre de leurs mandats respectifs, notam- ment en renforçant leur capacité d’aider les États Membres dans les efforts qu’ils déploient pour faire face aux menaces contre la paix et la sécurité internationales que font peser les actes de terrorisme »,
Saluant l’action menée par l’Organisation des Nations Unies pour achever, le plus rapidement pos- sible, le projet de convention générale sur le terrorisme,
Reconnaissant que les conventions et protocoles susmentionnés représentent un régime juridique universel contre le terrorisme et que, faute de traités bilatéraux sur l’entraide mutuelle et l’extra- dition, ils pourraient, en même temps que la Convention des Nations Unies contre la crimina- lité transnationale organisée (Convention de Palerme) servir de base à la coopération juridique,
Notant les liens qui existent entre le terrorisme et la criminalité transnationale organisée,
Notant l’importance de la Convention des Nations Unies contre la criminalité transnationale organisée,
Saluant l’initiative que le Secrétariat de l’OSCE a prise, à la demande de la Direction exécutive du Comité contre le terrorisme des Nations Unies, de mettre au point un programme en vue de renforcer la coopération juridique en matière pénale se rapportant au terrorisme dans l’es- pace de l’OSCE, et d’organiser comme première mesure l’atelier d’experts sur cette question, tenu à Vienne le 15 avril 2004,
Notant également les bonnes relations de travail entre l’OSCE et l’Office des Nations Unies contre la drogue et le crime (ONUDC), ainsi que les instruments précieux d’assistance technique élabo- rés par l’ONUDC pour mettre en œuvre les conventions et protocoles universels se rapportant à la lutte contre le terrorisme et promouvoir la coopération juridique en matière pénale, notam- ment les instruments relatifs au terrorisme,
Prenant en considération les recommandations faites par les participants lors de la Conférence annuelle d’examen des questions de sécurité de 2005 au sujet de la poursuite de la coopération avec l’ONUDC, appuyant ses efforts visant à renforcer le régime juridique contre le terrorisme et à promouvoir ses instruments en matière d’assistance technique, en particulier le logiciel pour la rédaction des demandes d’entraide judiciaire, en facilitant notamment les meilleures pratiques de formation et de diffusion pour les personnes chargées des dossiers,
Décide que les États participants devraient coopérer activement et pleinement entre eux, conformé- ment aux règles applicables au titre du droit national et international, aux efforts visant à retrou- ver et traduire en justice les auteurs, organisateurs, sympathisants et commanditaires des actes de terrorisme, conformément au principe « extrader ou juger » ;
Invite les États participants à examiner les suggestions des experts figurant dans le rapport de l’ate- lier d’experts sur le renforcement de la coopération juridique en matière pénale se rapportant au
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terrorisme (SEC. GAL/111/05 du 18 mai 2005) comme un ensemble d’options permettant d’amé- liorer la coopération juridique internationale ;
Charge le Secrétaire général et les institutions pertinentes de prêter leur concours pour demander aux États participants de s’acquitter de leurs engagements dans le domaine de la lutte contre le ter- rorisme. L’OSCE continuera à coopérer avec l’ONUDC pour renforcer le régime juridique contre le terrorisme en encourageant la mise en œuvre des instruments universels de lutte contre le ter- rorisme, et en facilitant la coopération juridique internationale en matière pénale ;
Charge le Secrétaire général d’organiser en 2006, en coordination avec le Président en exercice et en coopération avec l’ONUDC, un atelier d’experts de l’OSCE à Vienne, afin de promouvoir les instruments d’assistance technique de l’ONUDC pour faire avancer la coopération juridique internationale dans les affaires pénales, en particulier le logiciel pour la rédaction des demandes d’entraide judiciaire, notamment en facilitant les meilleures pratiques de formation et de diffusion pour les personnes chargées des dossiers ;
Prie le Secrétaire général d’organiser à l’intention des États participants qui en font la demande, en étroite coopération avec l’ONUDC, des ateliers nationaux de formation des juges et des magis- trats sur des questions relatives à l’extradition et à l’assistance judiciaire en matière pénale, en par- ticulier celles relatives au terrorisme.
Décision No 10/05
Tolérance et non-discrimination : Promouvoir le respect mutuel et la compréhension
Le Conseil ministériel,
Reconnaissant que le respect des droits de l’homme, des libertés fondamentales, de la démocratie et de la primauté du droit est au cœur du concept global de sécurité de l’OSCE,
Rappelant ses engagements dans le domaine de la tolérance et de la non-discrimination énoncés dans l’Acte final d’Helsinki de 1975, dans la Charte de Paris pour une nouvelle Europe de 1990, la Charte de sécurité européenne de 1999, la Décision No 4/03 sur la tolérance et la non-discrimi- nation, adoptée lors de la onzième Réunion du Conseil ministériel (Maastricht, 2003), et la Déci- sion No 12/04 sur la tolérance et la non-discrimination, adoptée lors de la douzième Réunion du Conseil ministériel (Sofia, 2004),
Rappelant l’attachement de l’OSCE à la promotion de la tolérance et de la non-discrimination, inscrit dans la Conférence de Vienne en 2003 sur l’antisémitisme et sur le racisme, la xénophobie et la discrimination, dans la Conférence de Berlin d’avril 2004 sur l’antisémitisme, dans la réu- nion de Paris de juin 2004 sur la relation entre la propagande raciste, xénophobe et antisémite sur Internet et les crimes inspirés par la haine, dans la Conférence de Bruxelles de septembre 2004 sur la tolérance et la lutte contre le racisme, la xénophobie et la discrimination ainsi que dans la confé- rence de juin 2005 à Cordoue sur l’antisémitisme et autres formes d’intolérance, et rappelant les textes issus de ces conférences,
Réaffirmant sa détermination à mettre en œuvre les engagements existants de l’OSCE dans les domaines de la tolérance, de la non-discrimination, et de la liberté de pensée, de conscience, de reli- gion ou de conviction, et rappelant les autres obligations internationales pertinentes,
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Soulignant la nécessité de se prononcer de manière systématique et sans équivoque contre les actes et manifestations de haine, en particulier dans les discours politiques, et d’œuvrer en faveur de la tolérance, du respect mutuel et de la compréhension,
Rappelant qu’il importe de promouvoir et de favoriser un dialogue interculturel et interconfes- sionnel et des partenariats prônant la tolérance, le respect mutuel et la compréhension, tant au niveau national qu’international,
Notant avec satisfaction l’annonce du Secrétaire général de l’Organisation des Nations Unies concernant la création de l’ « Alliance des civilisations », et l’établissement d’un groupe de per- sonnes éminentes de l’ « Alliance des civilisations » et exprimant son intérêt pour les résultats de cette initiative,
Rappelant les Décisions No 607, 621 et 633 du Conseil permanent et les déclarations du Président en exercice de l’OSCE en 2004 – la « Déclaration de Berlin », la « Déclaration de Bruxelles » et les « Conclusions de Paris »,
Saluant l’action des trois représentants personnels du Président en exercice dans le cadre de l’ef- fort global de l’OSCE pour lutter contre la discrimination et promouvoir la tolérance, le respect mutuel, la compréhension et la sensibilisation,
1. Apprécie la déclaration du Président en exercice de l’OSCE lors de la Conférence sur l’antisémi- tisme et autres formes d’intolérance, tenue à Cordoue les 8 et 9 juin 2005 (« Déclaration de Cor- doue ») ;
2. Se félicite de l’élaboration du programme du BIDDH sur la tolérance et la non-discrimination ;
3. Rejette l’attitude qui consiste à identifier le terrorisme et l’extrémisme violent à une religion, une conviction, une culture, un groupe ethnique, une nationalité ou une race ;
4. Décide que l’OSCE devrait poursuivre son action de sensibilisation et mettre au point des mesures visant à combattre les préjugés, l’intolérance et la discrimination, tout en respectant les droits de l’homme et les libertés fondamentales, notamment la liberté de pensée, de conscience, de religion ou de conviction, pour tous sans distinction notamment de race, de couleur, de sexe, de langue, de religion ou de conviction, d’opinion politique ou de toute autre opinion, d’origine nationale ou sociale, de fortune, de naissance ou de toute autre situation ;
5. Décide que tous les États participants, lors de l’exécution de leurs engagements visant à pro- mouvoir la tolérance et la non-discrimination, axeront leurs activités sur des domaines tels que la législation, l’application de la loi, l’éducation, les médias, la collecte de données, les migrations et l’intégration, la liberté religieuse, le dialogue interculturel et interconfessionnel, et s’engageront à : 5.1. Envisager de redoubler d’efforts pour que leur législation, leurs politiques et pratiques natio- nales garantissent à tous une protection judiciaire égale et efficace, et interdisent les actes d’in- tolérance et de discrimination, conformément aux engagements pertinents de l’OSCE et à leurs obligations internationales pertinentes ; 5.2 Renforcer les efforts visant à fournir aux fonctionnaires, et en particulier aux agents chargés de l’application de la loi, la formation appropriée pour prévenir les crimes de haine et y faire face, et à cet égard, envisager l’élaboration de programmes pour dispenser une telle formation, et envi- sager de mettre à profit les compétences du BIDDH dans ce domaine et de mettre en commun les meilleures pratiques ;
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5.3 Encourager les programmes publics et privés d’éducation qui favorisent la tolérance et la non-dis- crimination, et mieux sensibiliser le public à l’existence et à l’inadmissibilité de l’intolérance et de la discrimination, et à cet égard, envisager de mettre à profit les compétences et l’assistance du BIDDH afin d’élaborer des méthodes et des programmes d’éducation à la tolérance en géné- ral, notamment : • Lutte contre les préjugés raciaux et la haine, la xénophobie et la discrimination ; • Éducation relative à l’Holocauste et sa mémoire, ainsi qu’à d’autres génocides, reconnus en tant que tels conformément à la Convention de 1948 pour la prévention et la répression du crime de génocide, et les crimes contre l’humanité ; • Éducation relative à l’antisémitisme afin d’assurer une approche systématique dans le domaine de l’éducation, notamment dans les programmes sur les formes contemporaines d’antisémi- tisme dans les États participants ; • Lutte contre les préjugés, l’intolérance et la discrimination envers les chrétiens, les musulmans et membres d’autres religions ; 5.4 Envisager de mettre au point, en étroite coopération avec la société civile, des mesures concrètes qui ne portent pas atteinte à la liberté d’information et d’expression, afin de lutter contre les sté- réotypes xénophobes, l’intolérance et la discrimination dans les médias et encourager des pro- grammes pour éduquer les enfants et les jeunes à faire face aux préjugés ou à la discrimination auxquels ils peuvent être confrontés dans les médias ou sur internet ; 5.5 Renforcer les efforts visant à recueillir et tenir à jour des informations et des statistiques fiables sur les crimes de haine et la législation y afférente dans leurs territoires, à faire rapport périodique- ment sur ces informations au BIDDH, et rendre ces informations disponibles au public et envisa- ger de faire appel à l’assistance du BIDDH dans ce domaine, et à cet égard, envisager de nommer, au BIDDH, des points de contact nationaux sur les crimes de haine ; 5.6 Continuer, avec l’appui des structures, institutions et opérations de terrain de l’OSCE si néces- saire, à examiner la question des migrations et de l’intégration tout en respectant la diversité cultu- relle et religieuse dans le cadre de l’action que l’OSCE mène à l’échelle mondiale pour promouvoir la tolérance, le respect mutuel et la compréhension, et pour combattre la discrimination, ainsi que pour promouvoir le respect des droits de l’homme et des libertés fondamentales ; 5.7 Assurer le suivi des activités menées à ce jour par l’OSCE pour promouvoir la tolérance et la non-discrimination, notamment en organisant en 2006 des réunions thématiques d’experts sur la mise en œuvre, et envisager la possibilité de tenir une conférence de l’OSCE en 2007 ;
6. Charge le BIDDH : 6.1 De prêter son concours aux États participants, sur leur demande, pour mettre au point des méthodes et capacités appropriées de collecte et de mise à jour d’informations et de statistiques fiables sur les crimes de haine et les manifestations violentes d’intolérance et de discrimination, afin de les aider à recueillir des données et statistiques comparables ; 6.2 De poursuivre sa coopération avec d’autres structures et institutions de l’OSCE ainsi qu’avec le Comité des Nations Unies pour l’élimination de la discrimination raciale (CERD), le Haut Com- missariat des Nations Unies aux droits de l’homme, la Commission européenne contre le racisme et l’intolérance (ECRI), l’Observatoire européen du racisme et de la xénophobie, le Groupe d’ac- tion international pour la coopération sur l’éducation, la mémoire et la recherche sur l’Holocauste, et avec d’autres institutions pertinentes et la société civile, notamment des organisations non gou- vernementales ; 6.3 De continuer, par l’intermédiaire de son Groupe consultatif d’experts sur la liberté de religion ou de conscience, à fournir un appui aux États participants, sur leur demande, dans leurs efforts
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visant à promouvoir la liberté de religion ou de conscience, et de partager les conclusions et opi- nions du groupe avec les États participants de l’OSCE, tant au niveau bilatéral que lors des confé- rences et réunions pertinentes de l’OSCE ;
7. Décide d’apporter une contribution appropriée à l’initiative de « l’Alliance des civilisations » en favorisant un dialogue interculturel et interreligieux et le progrès de la compréhension et du res- pect mutuel, ainsi que des droits de l’homme dans tout l’espace de l’OSCE et, à cet égard, charge : 7.1 Le Président en exercice de l’OSCE d’informer le Secrétaire général de l’Organisation des Nations Unies de cette décision et de l’intérêt que l’OSCE porte à appuyer l’initiative de l’ « Alliance des civilisations » ; 7.2 Le Secrétaire général, s’appuyant sur les compétences des structures et institutions de l’OSCE, en particulier du BIDDH, de fournir en coopération avec les États participants une contribution de l’OSCE à l’initiative de l’ »Alliance des civilisations » et de la porter à l’attention du groupe de haut niveau de l’ « Alliance des civilisations » pour la fin juin 2006.
Décision No 11/05
Promotion de l’éducation et de la formation aux droits de l’homme dans l’espace de l’OSCE
Le Conseil ministériel,
Réaffirmant les engagements des États participants dans le domaine de l’éducation et de la forma- tion aux droits de l’homme, en particulier les engagements découlant de l’Acte final d’Helsinki de 1975, du Document de Copenhague de 1990, du Document de Moscou de 1991, de la Charte de sécurité européenne de 1999, de la Stratégie de l’OSCE de 2003 visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle, et de tous les autres documents et décisions perti- nents agréés de l’OSCE,
Reconnaissant que la promotion des droits de l’homme par l’éducation et la formation dans tout l’espace de l’OSCE pourrait être envisagée dans le contexte du concept global de sécurité de l’OSCE, et qu’elle est vitale pour renforcer le respect des droits de l’homme et des libertés fondamentales, ainsi que pour promouvoir la tolérance et la non-discrimination,
Conscient de la valeur ajoutée d’une coopération multidimensionnelle, incluant la consultation, la coopération et la coordination avec les organisations internationales et régionales pertinentes, ainsi que des avantages que les pays peuvent tirer de leurs expériences et s’apporter mutuellement dans le domaine de l’éducation et de la formation aux droits de l’homme,
Considérant les efforts déployés par d’autres organisations internationales, notamment le Pro- gramme mondial des Nations Unies pour l’éducation dans le domaine des droits de l’homme, le Programme du Conseil de l’Europe concernant l’Éducation à la citoyenneté démocratique (ECD) et son Programme à l’intention des jeunes « Tous différents – tous égaux », et l’Initiative européenne pour la démocratie et les droits de l’homme (IEDDH) de l’Union européenne, ainsi que les pro- grammes mis en place au niveau national,
Reconnaissant la contribution du BIDDH et des autres structures, institutions et opérations de ter- rain de l’OSCE dans la promotion de l’éducation et de la formation aux droits de l’homme, en coo- pération avec les États participants,
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Soucieux de renforcer davantage l’action menée par l’OSCE pour promouvoir les programmes d’éducation et de formation aux droits de l’homme dans l’espace de l’OSCE, ainsi que d’offrir le soutien de l’Organisation aux États participants, sur leur demande, lors de l’exécution de leurs programmes nationaux respectifs dans le domaine de l’éducation aux droits de l’homme,
Invite les États participants, avec le concours de la société civile, à renforcer encore les programmes d’éducation et de formation systématiques aux droits de l’homme conçus pour promouvoir le res- pect de la dignité inhérente à la personne humaine, et de faire des droits de l’homme une réalité pour tous dans toute communauté et dans la société de façon générale ;
Décide de renforcer l’action menée par l’OSCE en coopération avec d’autres organisations interna- tionales et non gouvernementales compétentes en prenant les mesures nécessaires pour promou- voir l’éducation et la formation aux droits de l’homme, en s’attachant tout particulièrement aux jeunes dans l’espace de l’OSCE ;
Charge le BIDDH, en se fondant sur les compétences et l’expérience acquises par les structures, les institutions et les opérations de terrain de l’OSCE, ainsi que par les États participants de l’OSCE : • d’élaborer, à l’intention des États participants, un recueil des meilleures pratiques pour renforcer la promotion de l’éducation et de la formation aux droits de l’homme, notamment la promotion de la tolérance, du respect mutuel et de la compréhension, ainsi que de la non-discrimination dans l’espace de l’OSCE.
Décision No 12/05
Protection des droits de l’homme et de la primauté du droit dans les systèmes de justice pénale
Le Conseil ministériel,
Reconnaissant que le plein respect des droits de l’homme et des libertés fondamentales ainsi que le développement de sociétés fondées sur une démocratie pluraliste et la primauté du droit sont des conditions préalables nécessaires à l’instauration d’une paix durable, de la sécurité, de la jus- tice et de la stabilité,
Réaffirmant les engagements au titre de la primauté du droit contenus dans l’Acte final d’Hel- sinki de 1975, dans le Document de clôture de Vienne de 1989, dans le Document de Copenhague de 1990, et dans le Document de Moscou de 1991, ceux souscrits lors du Sommet de Budapest de 1994, et autres engagements pertinents de l’OSCE, et rappelant les obligations internationales pertinentes, notamment le Pacte international relatif aux droits civils et politiques et la Convention des Nations Unies contre la torture et autres peines ou traitements cruels, inhumains ou dégradants,
Réaffirmant que l’action du gouvernement et de l’administration, ainsi que celle de la justice seront exercées selon le système établi par la loi et conformément aux engagements de l’OSCE et aux obli- gations internationales des États participants, et que le respect de ce système doit être garanti,
Considérant que la primauté du droit n’est pas une simple légalité formelle qui assure la régularité et la cohérence dans la réalisation et le respect de l’ordre démocratique, mais qu’elle est aussi la jus- tice fondée sur la reconnaissance et la pleine acceptation de la valeur suprême de la personnalité humaine, et garantie par les institutions qui offrent un cadre à sa pleine expression,
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Reconnaissant que la primauté du droit doit reposer sur le respect des droits de l’homme recon- nus au niveau international, notamment le droit à un procès équitable, le droit à un recours effec- tif et le droit de ne pas faire l’objet d’une arrestation ou d’une détention arbitraire,
Reconnaissant également qu’un appareil judiciaire impartial et indépendant est capital pour garan- tir les droits de la défense et la protection des droits de l’homme avant, pendant et après un procès,
Reconnaissant en outre que les avocats de la défense jouent un rôle essentiel dans la réalisation du droit à un procès équitable ainsi que pour la promotion et la protection d’autres droits de l’homme dans le système de justice pénale,
Soulignant la nécessité de se prononcer ouvertement contre la torture, et rappelant que toutes les formes de torture et autres traitements cruels, inhumains ou dégradants sont et resteront interdits à tout moment et en tout lieu et ne sauraient donc jamais être justifiés, et insistant sur la nécessité de renforcer les garanties de procédure pour prévenir les pratiques de torture, de poursuivre leurs auteurs, s’attachant ainsi à mettre un terme à l’impunité pour actes de torture, et appelant les États à envisager rapidement de signer et de ratifier le Protocole facultatif se rapportant à la Conven- tion contre la torture,
Décide : • D’accorder une attention accrue aux questions relatives à la primauté du droit et aux droits de la défense dans les systèmes de justice pénale en 2006 et d’en assurer le suivi, notamment en encourageant les États participants à améliorer la mise en œuvre des engagements existants, en mettant également à profit les compétences du BIDDH, et en étroite coopération avec d’autres organisations internationales compétentes afin d’éviter des doubles emplois inutiles ;
Charge le BIDDH et autres structures pertinentes de l’OSCE : • D’aider les États participants à partager les exemples positifs, les compétences et les bonnes pra- tiques afin d’améliorer les systèmes de justice pénale ; • D’aider les États participants, sur leur demande, à renforcer la capacité institutionnelle des avo- cats de la défense à protéger et à défendre les droits de leurs clients.
Décision No 13/05
Lutte contre la traite des êtres humains
Le Conseil ministériel,
Réaffirmant les Décisions No 2/03 et 13/04 du Conseil ministériel, ainsi que d’autres engagements de l’OSCE pour lutter contre la traite des êtres humains sous toutes ses formes et à toutes les fins, en adhérant auxquels les États participants ont clairement manifesté leur volonté politique d’éli- miner cette forme contemporaine d’esclavage qui est une atteinte à la dignité humaine et contre- vient à l’exercice des droits de l’homme et des libertés fondamentales,
Rappelant les obligations internationales contractées par les États participants de l’OSCE qui ont signé et ratifié la Convention des Nations Unies contre la criminalité transnationale organisée et son Protocole additionnel visant à prévenir, réprimer et punir la traite des personnes, en par- ticulier des femmes et des enfants, ainsi que le Protocole facultatif se rapportant à la Convention relative aux droits de l’enfant, concernant la vente d’enfants, la prostitution des enfants et la por- nographie mettant en scène des enfants,
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Prenant note de la Convention du Conseil de l’Europe sur la lutte contre la traite des êtres humains comme étant le premier instrument régional dans ce domaine qui vise essentiellement à proté- ger les victimes de la traite, à empêcher ce crime odieux et à poursuivre les auteurs de tels crimes,
Se félicitant des progrès accomplis par les États participants dans la mise en œuvre du Plan d’ac- tion de l’OSCE pour lutter contre la traite des êtres humains comme un ensemble d’outils visant à aider les autorités et la société civile à empêcher cette traite, à poursuivre les auteurs de ce crime et à en protéger les victimes,
Attirant l’attention sur la nécessité de renforcer les mesures susmentionnées, de développer des réseaux solides de lutte contre la traite qui fonctionneraient au plan multilatéral, régional et bila- téral, et de mettre efficacement en œuvre les engagements pris, en fournissant aux États partici- pants, sur leur demande, le plein appui et l’assistance des structures, institutions et opérations de terrain de l’OSCE,
Réitérant le rôle unique de l’OSCE en tant que catalyseur des efforts communs accomplis par les organisations internationales afin de combattre la traite des êtres humains sous toutes ses formes, et se félicitant des initiatives prises par le Représentant spécial de l’OSCE pour la lutte contre la traite des êtres humains sous les auspices de l’ »Alliance contre la traite des personnes »,
Décide :
1. D’appuyer l’Addendum au Plan d’action de l’OSCE pour lutter contre la traite des êtres humains : prise en considération des besoins spéciaux des enfants victimes de la traite en matière de protec- tion et d’assistance, adopté par le Conseil Permanent dans sa Décision No 685 en date du 7 juillet 2005, et de répondre ainsi efficacement aux besoins des victimes les plus vulnérables et non pro- tégées de la traite des êtres humains ;
2. De continuer d’accorder une attention plus soutenue à la menace sans cesse croissante de la traite des êtres humains, et de poursuivre une approche multidimensionnelle et axée sur les victimes dans les questions liées à la lutte contre la traite des êtres humains en tant qu’un des aspects du crime organisé, de la criminalité et de la corruption dans le cadre du concept de sécurité globale de l’OSCE ;
3. De charger le mécanisme de l’OSCE de lutte contre la traite des êtres humains de faire rapport au Conseil permanent en juin de chaque année, à compter de juin 2006, sur l’état d’avancement des questions relatives à la traite au sein de l’OSCE. Ces rapports contiendront également les contribu- tions des autres structures, institutions et opérations de terrain de l’OSCE sur les faits nouveaux concernant la traite des êtres humains dans toute la région de l’OSCE et comprendront une ana- lyse des résultats à la lumière des objectifs fixés dans le Plan d’action de l’OSCE de 2003 pour lut- ter contre la traite des êtres humains.
Décision No 14/05
Les femmes dans la prévention des conflits, la gestion des crises et la relèvement après un conflit
Le Conseil ministériel,
Rappelant l’approche globale de l’OSCE en matière de sécurité pour faire face aux nouvelles menaces et aux nouveaux défis ainsi que son engagement en faveur de l’intégration d’un souci
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d’égalité entre les sexes, conformément au Plan d’action de l’OSCE de 2004 pour la promotion de l’égalité entre les sexes,
Rappelant que l’OSCE, en tant qu’accord régional au sens du Chapitre VIII de la Charte des Nations Unies, est un instrument essentiel pour l’alerte précoce, la prévention des conflits, la gestion des crises et le relèvement après un conflit dans sa région,
Considérant que les connaissances, les compétences et l’expérience à la fois des femmes et des hommes sont des plus importantes pour la paix, la démocratie durable, le développement écono- mique et, par voie de conséquence, pour la paix et la stabilité dans la région de l’OSCE,
Considérant en outre que la résolution 1325 (2000) du Conseil de sécurité des Nations Unies sur les femmes, la paix et la sécurité établit un lien entre l’égalité des sexes et la sécurité en mettant l’accent sur le rôle joué par les femmes dans les questions de paix et de sécurité à tous les niveaux,
Réaffirmant la Déclaration et le Programme d’action de Beijing qui ont été adoptés lors de la qua- trième Conférence mondiale sur les femmes ainsi que les résultats de la vingt-troisième session extraordinaire de l’Assemblée générale,
Insistant sur l’importance d’une participation pleine et égale des femmes à toutes les phases de la pré- vention et du règlement des conflits ainsi que de la consolidation de la paix,
Reconnaissant la nécessité d’une action concrète de l’OSCE pour intégrer les femmes dans la pré- vention des conflits, la gestion des crises et le relèvement après un conflit par le biais de ses acti- vités, notamment, en :
1. Veillant à une mise en œuvre proactive, dans l’Organisation tout entière, du Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes, adopté par la Décision No 638 du Conseil permanent en date du 2 décembre 2004,
2. Intégrant dans les activités de l’OSCE, le cas échéant, les parties pertinentes de la résolution 1325 (2000) du Conseil de sécurité des Nations Unies sur le rôle des femmes à tous les niveaux de la pré- vention des conflits, de la gestion et du règlement des crises, ainsi que du relèvement après un conflit,
3. Engageant les États participants à établir des listes nationales de femmes candidates potentielles (tel que préconisé au paragraphe 22 du Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes) et à prendre des mesures actives pour veiller à ce que les femmes soient pleinement informées des postes à pourvoir dans le domaine de la prévention des conflits et du relèvement après conflit et encouragées à s’y porter candidates, en particulier pour les postes de cadres supérieurs,
4. Demandant aux États participants de proposer la candidature de davantage de femmes en tant que chefs d’institution et de mission, ainsi qu’à d’autres postes de responsabilité au sein de l’OSCE,
5. Encourageant activement le recrutement de femmes dans les présences de terrain de l’OSCE, notamment à des postes de direction, dans le but d’avoir un grand nombre de présences de ter- rain dirigées par des femmes,
6. Demandant aux États participants et aux structures de l’OSCE, le cas échéant, de soutenir et de favoriser les programmes de formation et d’enseignement axés sur les femmes et les filles, ainsi que les projets destinés à faire participer les femmes à l’édification d’une paix durable ; de donner des moyens d’agir aux organisations de femmes ; de soutenir les initiatives prises par les femmes
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en faveur de la paix par le biais des médias et d’ateliers sur les droits de l’homme et l’égalité entre les sexes ; et de sensibiliser les femmes à l’importance de leur participation aux processus politiques,
7. Demandant aux États participants et aux structures de l’OSCE, le cas échéant, de concevoir des politiques spécifiques pour favoriser la participation pleine et égale des femmes et des organisa- tions de femmes à la prévention des conflits, au règlement des conflits et au relèvement après un conflit, ainsi que de favoriser et de soutenir l’échange d’expériences et de meilleures pratiques et, en outre, de s’investir dans les initiatives des femmes en faveur de la paix,
8. Demandant aux États participants de tenir compte du rôle important et des besoins particu- liers des femmes et des filles lors de la mise en œuvre de politiques publiques en matière de protec- tion et de solutions durables, notamment en ce qui concerne le retour volontaire, la réinstallation, la réadaptation l’insertion/réinsertion ou le rapatriement des réfugiés et des personnes déplacées en sécurité et dans la dignité,
9. Recommandant que les États participants évaluent régulièrement leurs efforts d’intégration d’un souci d’égalité entre les sexes dans les processus de prévention des conflits, de gestion des conflits et de relèvement, et rendent ces évaluation publiques, à des fins de formation à la prise en compte des différences entre les sexes, ainsi que leurs efforts de mise en œuvre des engagements pertinents et de sensibilisation à leur importance,
Décide : • De charger le Secrétaire général, dans son rapport intérimaire annuel sur la mise en œuvre de la Décision No. 638 du Conseil permanent relative au Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes, de faire des références spécifiques à la mise en œuvre, au sein de l’Organisation, des parties de la résolution 1325 (2000) du Conseil de sécurité des Nations Unies qui présentent un intérêt pour l’OSCE ; • De charger le Secrétariat, dans le cadre des objectifs du Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes, d’élaborer en coopération avec les États participants, des mesures supplémentaires visant à augmenter considérablement le nombre de femmes au Secrétariat de l’OSCE ainsi que dans ses institutions et opérations de terrain, en particulier aux postes de rang élevé et de direction ; • De charger les structures et institutions de l’OSCE d’élaborer ou d’adapter des projets, stratégies et initiatives pertinents, et de mener d’autres activités, notamment d’échanger des informations avec l’ONU afin de remplir les engagements énoncés dans la présente décision ; • D’inviter les États participants de l’OSCE et les institutions de l’OSCE à faire également rap- port, à la Conférence annuelle d’examen des questions de sécurité, sur les progrès accomplis dans la mise en œuvre des engagements énoncés dans la présente décision.
Décision No 15/05
Prévenir et combattre la violence à l’égard des femmes
Le Conseil ministériel,
Considérant que le respect des droits de l’homme et des libertés fondamentales, de la démocratie et de l’état de droit est à la base du concept global de sécurité de l’OSCE,
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Réaffirmant la Déclaration des Nations Unies sur l’élimination de la violence à l’égard des femmes, la Déclaration et le Programme d’action de Beijing adoptés lors de la quatrième Conférence mondiale sur les femmes et les résultats de la vingt-troisième session extraordinaire de l’Assemblée générale,
Réaffirmant que les États ont l’obligation d’agir avec la diligence voulue pour prévenir les actes de violence contre les femmes et les petites filles, d’enquêter à leur sujet et de punir leurs auteurs, ainsi que de fournir une protection aux victimes, et que de ne pas le faire constitue une violation de leurs droits humains et de leurs libertés fondamentales et les empêche partiellement ou totale- ment de jouir desdits droits et libertés,
Rappelant la résolution 1325 (2000) du Conseil de sécurité des Nations Unies sur les femmes, la paix et la sécurité, dans laquelle il est demandé, notamment, de garantir pleinement la protection et le respect des droits des femmes et des petites filles pendant et après les conflits armés et de mettre fin à l’impunité des auteurs d’actes de violence fondés sur le sexe,
Réaffirmant les fermes engagements des États participants de l’OSCE dans les domaines des droits de l’homme, de l’égalité entre les sexes, de la tolérance et de la non-discrimination, de la lutte contre la traite des êtres humains et de l’amélioration de la situation des Roms et des Sintis,
Profondément préoccupé de ce que les jeunes filles et certains groupes de femmes, dont les femmes appartenant à des minorités, les femmes autochtones, les femmes réfugiées et déplacées, les femmes migrantes, les femmes vivant dans des communautés rurales ou reculées, les femmes sans res- sources, les femmes internées, les femmes détenues, les femmes handicapées, les femmes âgées, les veuves, les femmes dans des situations de conflit armé et les femmes victimes d’autres discrimina- tions, notamment en raison de leur sérologie VIH, sont particulièrement visées par la violence ou vulnérables face à cette dernière et, en conséquence, de la nécessité de les protéger,
Insistant sur l’engagement en faveur de l’intégration d’un souci d’égalité entre les sexes énoncé dans le Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes et sur les dis- positions spécifiques concernant la prévention et l’élimination de la violence à l’égard des femmes dans les États participants,
Exprimant sa profonde préoccupation devant le niveau persistant de violence à l’égard des femmes et des jeunes filles dans la région de l’OSCE, ainsi que devant les coûts humain et politique de ce phénomène et conscient de ce que la violence à l’égard des femmes représente une menace pour la sécurité humaine,
1. Demande instamment aux États participants, avec l’appui et l’assistance de l’OSCE, de prendre toutes les mesures législatives, de suivi des politiques et des programmes, et d’évaluation qui s’im- posent pour promouvoir et protéger la pleine jouissance par les femmes de leurs droits humains et pour prévenir et combattre toutes les formes de violences sexistes à l’égard des femmes et des jeunes filles ;
2. Demande aux États participants de se conformer à la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes et à la Convention relative aux droits de l’en- fant, s’ils y sont parties, et, s’ils ne l’ont pas encore fait, d’envisager de ratifier ces conventions ou d’y adhérer ; et demande aux États qui ont ratifié ces conventions ou qui y ont adhéré de retirer les réserves qui sont contraires à l’objet et au but des conventions ;
3. Demande aux États participants d’envisager de signer et de ratifier le Protocole additionnel à la Convention des Nations Unies contre la criminalité transnationale organisée visant à prévenir,
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réprimer et punir la traite des personnes, en particulier des femmes et des enfants, le Protocole facultatif à la Convention relative aux droits de l’enfant, concernant la vente d’enfants, la prostitu- tion des enfants et la pornographie mettant en scène des enfants et, le cas échéant, la Convention du Conseil de l’Europe sur l’action contre la traite des êtres humains, ou d’y adhérer ;
4. Constate avec regret que les femmes victimes d’actes de violence sont trop souvent laissées sans protection ni assistance et prie instamment les États participants : (i) De faire en sorte que toutes les femmes victimes d’actes de violence bénéficient du plein accès, sur un pied d’égalité et en temps voulu à la justice et à des recours efficaces ; à une assistance médicale et sociale, notamment à une aide d’urgence ; à des consultations confidentielles et à des foyers d’hébergement ; (ii) D’adopter et d’appliquer des dispositions législatives qui pénalisent les actes de violence fon- dés sur le sexe et instaurent une protection juridique adéquate ; (iii) De fournir en temps voulu une protection physique et psychologique aux victimes, notam- ment des mesures appropriées de protection des témoins ; (iv) D’enquêter sur les auteurs et de les poursuivre en justice, tout en tenant compte de leur besoin d’un traitement approprié ; (v) De promouvoir la participation pleine et entière des femmes aux institutions judiciaires, du ministère public et chargées de l’application de la loi et de faire en sorte que tous les agents publics concernés soient pleinement formés et sensibilisés pour identifier les cas d’actes de vio- lence à l’égard des femmes et des enfants, rassembler des éléments à leur sujet et les traiter ; (vi) De répondre aux besoins particuliers en matière de protection et d’assistance des jeunes filles victimes d’actes de violence ;
5. Constate que les actes de violence à l’égard des femmes et des jeunes filles ne sont souvent pas signalés et enregistrés et qu’il n’en est de ce fait pas tenu compte de manière adéquate dans les sta- tistiques, et engage les États participants à appuyer les efforts de sensibilisation, à consentir d’im- portants efforts supplémentaires pour recueillir, analyser et diffuser des données comparables, et à soutenir les ONG spécialisées et la recherche sur cette question ;
6. Demande aux États participants de prendre des mesures pour renforcer l’indépendance écono- mique des femmes, notamment garantir des politiques et des pratiques d’emploi non discrimina- toires, offrir un accès égal à l’éducation et à la formation, une rémunération égale pour un travail égal, des possibilités accrues dans le domaine du travail et de la formation, ainsi qu’un accès égal aux ressources économiques et la maîtrise de ces dernières en vue de réduire la vulnérabilité des femmes à toutes les formes de violence, y compris la violence familiale et la traite des êtres humains ;
7. Demande instamment aux États participants de prendre toutes les dispositions nécessaires pour prévenir les actes de violence fondés sur le sexe contre les femmes et les petites filles pendant et après les conflits armés et les urgences, notamment poursuivre en justice les auteurs de crimes, et de prendre des mesures particulières pour répondre aux besoins des femmes et des jeunes filles dans l’environnement d’après conflit ;
8. Prend note de l’inclusion des crimes liés au sexe dans le Statut de Rome de la Cour pénale inter- nationale et dans les Éléments des crimes, qui ont été adoptés par l’Assemblée des États Parties au Statut de Rome en septembre 2002, et de la description des circonstances dans lesquelles de tels crimes peuvent constituer des crimes contre l’humanité et/ou des crimes de guerre ;
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9. Se déclare favorable à la diffusion de la jurisprudence pertinente des tribunaux pénaux internatio- naux pour l’ex-Yougoslavie et le Rwanda et à une coopération pleine et entière avec ces juridictions ;
10. Décide d’intensifier la coopération de l’OSCE avec les structures pertinentes de l’Organisa- tion des Nations Unies, du Conseil de l’Europe, de l’Union européenne et d’autres organisations internationales, ainsi qu’avec les organisations de la société civile et non gouvernementales com- pétentes, pour promouvoir la prévention et la lutte contre toutes les formes de violence à l’égard des femmes et des petites filles ;
11. Charge le Conseil permanent de favoriser l’élaboration par les institutions et structures perti- nentes de l’OSCE de programmes, de projets et de politiques visant à aider les États participants, à leur demande, à combattre la violence à l’égard des femmes et des petites filles et à fournir une assistance aux victimes ;
12. Prie le Secrétaire général de veiller spécifiquement à rendre compte de la mise en œuvre de la pré- sente décision dans le Rapport annuel qu’il présentera au Conseil permanent sur le Plan d’action de 2004 pour la promotion de l’égalité entre les sexes.
Décision No 16/05
Garantie des normes les plus élevées de conduite et de responsabilité des personnes servant dans les forces et missions internationales
Le Conseil ministériel,
Réaffirmant les engagements de l’OSCE visant à lutter contre la traite des êtres humains, en par- ticulier la Décision No 1 prise lors du Conseil ministériel de Vienne en l’an 2000, la Déclaration ministérielle de Porto de 2002, la Décision No 2/03 du Conseil ministériel de Maastricht et le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, ainsi que son addendum intitulé « Prise en considération des besoins spéciaux des enfants victimes de la traite en matière de pro- tection et d’assistance »,
Rappelant le Protocole des Nations Unies visant à prévenir, réprimer et punir la traite des per- sonnes, en particulier des femmes et des enfants, qui complète la Convention des Nations Unies contre la criminalité transnationale organisée, et sa définition exhaustive de la traite des personnes,
Réaffirmant que la traite des êtres humains, une forme contemporaine d’esclavage, porte grave- ment atteinte à la jouissance des droits de l’homme et des libertés fondamentales,
Préoccupé de ce que le personnel militaire et civil servant dans les forces internationales de main- tien de la paix ou dans d’autres missions internationales, y compris les entrepreneurs, ainsi que les présences de terrain des organisations internationales, dont l’OSCE, pourraient être un facteur contribuant à la demande dans le cycle de la traite,
Se félicitant des initiatives prises par l’Organisation des Nations Unies ainsi que par d’autres orga- nisations internationales pour instaurer et faire respecter des politiques de « tolérance-zéro » afin d’empêcher que les forces et autres membres du personnel ne se livrent à la traite des êtres humains, politiques qui, associées à l’éducation et à la formation, sont indispensables,
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Rappelant les activités en cours dans toutes les organisations internationales pertinentes visant à élaborer des normes communes et des meilleures pratiques pour prévenir et combattre la traite des êtres humains,
Préoccupé par les rapports faisant état de conduite inappropriée de militaires et de personnels civils servant dans les forces internationales de maintien de la paix ou d’autres missions interna- tionales, y compris des rapports de traite des êtres humains, telle qu’elle est définie dans le Proto- cole des Nations Unies visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants, condamnant fermement de tels actes et notant qu’ils compromettent l’exécution des mandats des missions,
Préoccupé également par les rapports faisant état de conduite inappropriée de militaires et de per- sonnels civils servant dans les forces internationales de maintien de la paix ou d’autres missions internationales, y compris des rapports d’exploitation sexuelle et d’abus des populations locales et réfugiées, ainsi que des rapports de cas de travail forcé, condamnant fermement de tels actes et notant qu’ils compromettent l’exécution des mandats des missions,
Insistant sur la nécessité de mieux informer et sensibiliser à ces questions le personnel servant dans les missions internationales,
Prenant note des efforts déployés par l’Organisation des Nations Unies pour faire en sorte que le personnel servant dans les forces de maintien de la paix ou d’autres missions internationales respecte les normes les plus élevées de conduite et de responsabilité,
1. Demande aux États participants d’améliorer, le cas échéant, les mesures visant à empêcher le per- sonnel militaire et civil déployé à l’étranger dans des forces de maintien de la paix ou d’autres mis- sions internationales, ainsi que les agents de l’OSCE, de se livrer à la traite des êtres humains ou d’exploiter des victimes de la traite. À cet égard, les États participants s’efforceront de faire en sorte que leurs lois nationales, règlements et autres documents pertinents puissent s’appliquer à leurs res- sortissants qui servent dans des forces de maintien de la paix ou d’autres missions internationales, dans le but de garantir les normes les plus élevées de conduite et de responsabilité ;
2. Demande aux États participants dont du personnel militaire et civil est déployé de prêter leur concours, dans les limites de leurs compétences et de leurs mandats respectifs, aux autorités res- ponsables dans le pays hôte dans le cadre de leurs efforts pour combattre la traite des êtres humains. Chaque État participant tiendra compte des politiques et des conséquences en matière de traite des êtres humains lors de la formation de son personnel militaire et civil devant être déployé à l’étranger ;
3. Demande aux États participants de prendre les mesures nécessaires pour prévenir l’exploita- tion et les abus sexuels, ainsi que les cas de travail forcé, par le personnel militaire et civil qu’ils ont déployé et qui sert dans des forces de maintien de la paix ou d’autres missions internationales, faire respecter les normes pertinentes de conduite à cet égard, et veiller à ce que de tels cas fassent l’objet d’une enquête en bonne et due forme et soient punis de manière appropriée ;
4. Réaffirme l’importance d’appliquer le Code de conduite des agents de l’OSCE et l’Instruction au personnel No 11 traitant de la question de la traite des êtres humains, et prie le Secrétaire géné- ral, se fondant sur le savoir faire du Représentant spécial de l’OSCE pour la lutte contre la traite des êtres humains et de l’Unité d’assistance à la lutte contre la traite des êtres humains, de mettre à jour ces documents pour les aligner sur la présente décision, et de les communiquer aux États participants pour observations et examen avant de les diffuser ;
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5. Invite les gouvernements des partenaires de l’OSCE pour la coopération à s’engager à respec- ter les mêmes principes que ceux énoncés dans la présente décision et, à cette fin, charge le Repré- sentant spécial de l’OSCE pour la lutte contre la traite des êtres humains et le Secrétaire général de l’OSCE de faire bénéficier les partenaires de l’OSCE pour la coopération des informations et documents pertinents ;
6. Charge le Représentant spécial de l’OSCE pour la lutte contre la traite des êtres humains de faire bénéficier les organisations internationales pertinentes des matériels de formation de l’OSCE et d’autres informations qui pourraient les aider à lutter contre la traite des êtres humains ;
7. Charge le Secrétaire général de l’OSCE de faire rapport chaque année au Conseil permanent sur la mise en œuvre de la présente décision en ce qui concerne le Code de conduite des agents de l’OSCE et l’Instruction au personnel No 11, conformément à la disposition III 11.1 du Plan d’ac- tion de l’OSCE pour lutter contre la traite des êtres humains.
Décision No 17/05
Renforcement de l’efficacité de l’OSCE
Le Conseil ministériel,
Réaffirmant sa pleine adhésion aux normes, principes et engagements dans les trois dimensions de l’approche globale de l’OSCE en matière de sécurité, consacrés depuis l’Acte final d’Helsinki de 1975 et la Charte de Paris pour une nouvelle Europe de 1990,
Reconnaissant le rôle de l’Organisation en tant qu’accord régional au sens du Chapitre VIII de la Charte des Nations Unies,
Rappelant que tous les engagements pris au titre de l’OSCE s’appliquent de façon égale et à tous les États participants,
Soulignant le rôle de l’Organisation en tant qu’enceinte de dialogue politique, comme instrument clé pour l’alerte précoce, la prévention des crises et le relèvement après un conflit, et en tant qu’or- gane d’établissement de normes avec ses institutions et opérations de terrain, ainsi que ses ins- truments et mécanismes,
Réaffirmant l’importance des trois dimensions de l’approche de l’OSCE en matière de sécurité et son caractère transdimensionnel,
Résolu à accroître la confiance entre les États participants et à renforcer le sens de l’objectif com- mun, grâce à un dialogue politique inclusif sur un pied d’égalité, ainsi que l’assistance fournie de manière coopérative,
Reconnaissant la nécessité de continuer à axer les travaux de l’Organisation dans ces domaines, où elle a des avantages comparatifs et peut apporter une valeur ajoutée, tout en conservant son approche globale en matière de sécurité,
Ayant à l’esprit la nécessité de veiller à ce que les priorités de base et les plans d’action offrent une perspective sur le long terme et soient en conformité avec l’environnement de sécurité en constante évolution,
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Résolu à renforcer l’efficacité de l’Organisation dont le fonctionnement repose sur l’égalité souve- raine des États et la prise de décisions par consensus en vue d’améliorer la transparence et de pro- mouvoir le sentiment d’appartenance de tous les États participants,
Résolu à ce que la parité des sexes soit efficacement intégrée dans l’ensemble des politiques, acti- vités et programmes de l’OSCE,
Rappelant la Décision No 16/04 du Conseil ministériel sur la création d’un groupe de personnes éminentes sur le renforcement de l’efficacité de l’OSCE,
Félicitant le groupe de sa détermination et de ses efforts qui ont abouti au rapport intitulé « Com- mon purpose, Towards a More Effective OSCE » (CIO.GAL/100/05 du 27 juin 2005), et tenant compte des recommandations y figurant,
Tenant aussi compte d’autres contributions, apportées notamment par l’Assemblée parlementaire, ainsi que des résultats des consultations de haut niveau tenues à Vienne les 12 et 13 septembre 2005, figurant dans le document exposant les conceptions de la présidence (CIO.GAL/132/05 du 16 septembre 2005),
Considérant que des efforts supplémentaires sont encore nécessaires pour que des actions appro- priées puissent être prises à la suite des recommandations du Groupe de personnes éminentes,
1. Charge le Conseil permanent de poursuivre les travaux en se fondant sur le rapport du Groupe de personnes éminentes et sur les résultats des consultations de haut niveau et de faire rapport au Conseil ministériel en 2006 sur les points suivants : • Règles de procédure ; • Amélioration du processus de consultation, en envisageant notamment une structure par comités ; • Étude des moyens d’améliorer la planification et l’efficacité des conférences de l’OSCE ; • Renforcement de l’efficience, de l’efficacité et de la transparence des activités de l’Organisation, notamment leur financement budgétaire et extrabudgétaire, ainsi que leur évaluation et leur analyse ; • Étude des moyens de renforcer davantage le rôle du Secrétaire général tout en lui apportant l’ap- pui nécessaire dans la pleine utilisation de son mandat, notamment en renforçant encore la coo- pération avec les chefs des institutions et des opérations de terrain ; • Modernisation du Secrétariat, en prenant également en considération les propositions du Secré- taire général et des États participants, afin d’améliorer encore sa capacité à apporter son appui à la présidence en exercice et aux États participants et à coordonner les activités de l’OSCE ; • Renforcement de l’efficacité des institutions et opérations de terrain de l’OSCE ; • Examen de la possibilité de conférer un statut juridique à l’OSCE et de lui octroyer des privi- lèges et immunités, en tenant compte des avis des experts juridiques ; • Amélioration plus poussée de la planification des programmes afin qu’ils puissent mieux reflé- ter les priorités de l’Organisation ; • Examen des moyens d’améliorer plus avant le professionnalisme du personnel de l’OSCE et la ges- tion de ses ressources humaines, en veillant à ce que la représentation des deux sexes et la répar- tition géographique soient équilibrées ; • Étude de la possibilité de missions thématiques dans le contexte de l’OSCE ou dans un contexte sous-régional ;
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2. Charge le BIDDH de présenter, pour examen, au prochain Conseil ministériel, un rapport sur : • La mise en œuvre des engagements existants ; • De possibles engagements supplémentaires ; • Les moyens de renforcer et d’encourager ses activités dans le domaine électoral ; • Le renforcement de l’efficacité de son assistance aux États participants,
en prenant en considération les questions posées par les États participants et en y répondant, en étroite concertation avec ces derniers.
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I. Déclarations du Conseil ministériel
Déclaration de Bruxelles sur les systèmes de justice pénale
Nous, membres du Conseil ministériel, réaffirmons les engagements relatifs à l’administration de la justice pénale, notamment ceux contenus dans l’Acte final d’Helsinki (1975), le Document de clôture de Vienne (1989), le Document de Copenhague (1990), la Charte de Paris pour une nou- velle Europe (1990), le Document de Moscou (1991), le Document de Budapest (1994), et la Charte de sécurité européenne (1999).
Nous rappelons les décisions du Conseil ministériel No 3/05 sur la lutte contre la criminalité trans- nationale organisée et No 12/05 sur la protection des droits de l’homme et de la primauté du droit dans les systèmes de justice pénale (Ljubljana, 2005).
Nous rappelons en outre les résultats du Séminaire sur la dimension humaine consacré au respect de l’état de droit et des procédures régulières dans les systèmes de justice pénale (Varsovie, mai 2006).
Nous rappelons aussi les instruments pertinents des Nations Unies, notamment la Déclaration universelle des droits de l’homme, le Pacte international relatif aux droits civils et politiques ainsi que la Convention des Nations Unies contre la torture et autres peines ou traitements cruels, inhu- mains ou dégradants.
Nous rappelons l’engagement des États participants à assurer l’indépendance du pouvoir judiciaire.
Nous considérons que rien dans le présent document ne saurait contrevenir aux engagements ou obligations des États participants au titre du droit international ou s’en écarter, tout en recon- naissant aussi que chaque État participant, conformément à sa tradition juridique, détermine les moyens appropriés de les mettre en œuvre dans sa législation nationale.
Nous estimons que : • L’indépendance de la justice est une exigence préalable du principe de légalité et la garantie fon- damentale d’un procès équitable ; • L’impartialité est essentielle pour s’acquitter convenablement de la fonction judiciaire ; • L’intégrité est essentielle pour s’acquitter convenablement de la fonction judiciaire ; • Il est essentiel que le juge, dans l’exercice de toutes ses activités, respecte les règles de compor- tement attachées à sa charge et s’y tienne ; • Garantir l’égalité de tous devant les tribunaux est essentiel pour un exercice en bonne et due forme de la charge judiciaire ;
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• La compétence et la diligence sont des exigences préalables pour un exercice en bonne et due forme de la charge judiciaire. • Nous estimons que : • Les personnes remplissant les fonctions de magistrats du parquet devraient être intègres et com- pétentes et justifier d’une formation et de qualifications juridiques suffisantes ; • Les magistrats du parquet devraient toujours préserver la dignité et l’honneur de leur charge et respecter l’état de droit ; • Les fonctions de magistrat du parquet devraient être strictement séparées des fonctions de juge et les magistrats du parquet devraient respecter l’indépendance et l’impartialité des juges ; • Les magistrats du parquet devraient exercer leurs fonctions conformément à la loi, en toute équité, de manière cohérente et diligente, respecter et protéger la dignité humaine et défendre les droits de l’homme, contribuant ainsi à garantir une procédure régulière et le bon fonction- nement du système de justice pénale.
Nous estimons que : • Les responsables de l’application des lois devraient s’acquitter en toutes circonstances du devoir que leur impose la loi en servant la collectivité et en protégeant toutes les personnes contre les actes illégaux, conformément au haut degré de responsabilité qu’exige leur profession ; • Dans l’accomplissement de leur devoir, les responsables de l’application des lois devraient respecter et protéger la dignité humaine et défendre et protéger les droits fondamentaux de toute personne ; • Les responsables de l’application des lois ne devraient recourir à la force que lorsque cela est néces- saire et opportun pour l’accomplissement de leur mission et pour assurer la sécurité du public ; • Les responsables de l’application des lois, en tant que membres du groupe plus large des agents de la fonction publique ou toutes autres personnes agissant à titre officiel, ne devraient infliger, susciter, encourager ou tolérer un acte de torture ou quelque autre peine ou traitement cruel, inhumain ou dégradant ; • Aucun responsable de l’application des lois ne devrait être sanctionné s’il refuse d’obtempérer lorsqu’il lui est ordonné de commettre ou de dissimuler des actes relevant de la torture ou toute autre peine ou traitement cruel, inhumain ou dégradant ; • Les responsables de l’application des lois devraient être sensibilisés et attentifs à la santé des per- sonnes dont ils ont la garde et, en particulier, prendre immédiatement des mesures pour que des soins médicaux leur soient dispensés chaque fois que cela s’impose.
Nous estimons que : • Toutes les mesures nécessaires devraient être prises pour respecter, protéger et promouvoir le libre exercice de la profession d’avocat, sans discrimination ni ingérence inappropriée des autorités ou du public ; • Les décisions concernant l’autorisation de pratiquer comme avocat ou de faire partie du bar- reau devraient être prises par un organe indépendant. Ces décisions, qu’elles soient prises par un organe indépendant ou non, devraient être réexaminées par une autorité judiciaire indé- pendante et impartiale ; • Les avocats ne devraient pas avoir à souffrir ou être menacés de sanctions ou de pression lors- qu’ils agissent conformément aux normes établies de la profession ;
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• Les avocats devraient avoir accès à leurs clients, notamment aux personnes privées de liberté, pour leur permettre de s’entretenir en privé et de représenter leurs clients conformément aux normes établies de la profession ; • Toutes les mesures raisonnables et nécessaires devraient être prises pour garantir le respect de la confidentialité de la relation avocat-client. Des exceptions à ce principe ne sauraient être consenties que si elles sont compatibles avec l’état de droit ; • Les avocats ne devraient pas se voir refuser l’accès à un tribunal devant lequel ils remplissent les conditions requises pour plaider et devraient avoir accès à toutes les preuves et dossiers per- tinents lorsqu’ils défendent les droits et les intérêts de leurs clients conformément aux normes établies de la profession.
Nous estimons que l’application de peines privatives de liberté et le traitement des détenus doivent prendre en compte les exigences de sûreté, de sécurité et de discipline et garantir également des conditions pénitentiaires qui ne portent pas atteinte à la dignité humaine et proposer aux détenus des activités professionnelles appropriées ainsi que des programmes de traitement adéquats, les préparant ainsi à leur réinsertion dans la société.
Nous appelons les États participants à honorer pleinement leurs engagements et obligations inter- nationales pour assurer un fonctionnement juste et équitable de leurs systèmes de justice pénale.
Déclaration ministérielle de Bruxelles sur le soutien et la promotion du cadre juridique international contre le terrorisme
Nous, membres du Conseil ministériel de l’OSCE, réaffirmons notre ferme détermination à com- battre le terrorisme sous toutes ses formes et dans toutes ses manifestations, en tant que crime que rien ne peut justifier, quelle que soient sa motivation ou son origine, et à poursuivre et renfor- cer les activités de l’OSCE pour lutter contre le terrorisme conformément aux engagements exis- tants de l’OSCE.
Nous insistons sur le fait que les mesures pour mener cette lutte doivent être prises en respec- tant pleinement l’état de droit et conformément à nos obligations au regard du droit internatio- nal, en particulier des instruments internationaux relatifs aux droits de l’homme, aux droits des réfugiés et au droit humanitaire.
Nous sommes convaincus de l’importance du renforcement du cadre juridique international contre le terrorisme, comprenant les conventions et protocoles universels se rapportant à la prévention et à la répression du terrorisme, les résolutions pertinentes du Conseil de sécurité des Nations Unies, la Stratégie antiterroriste mondiale de l’Organisation des Nations Unies récemment adoptée, ainsi que les instruments juridiques régionaux et bilatéraux se rapportant au terrorisme.
Nous demandons aux États participants de l’OSCE d’appliquer les résolutions pertinentes du Conseil de sécurité des Nations Unies concernant la lutte contre le terrorisme.
Nous nous félicitons des progrès importants réalisés par les États participants en matière de res- pect de l’engagement ministériel de Bucarest à devenir parties aux 12 conventions et protocoles contre le terrorisme, 46 États participants étant parties aux 12 instruments actuellement en vigueur.
Nous demandons aux États participants de l’OSCE qui ne l’ont pas encore fait de tout mettre en œuvre pour devenir parties sans délai aux conventions et protocoles universels contre le terrorisme qui
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sont actuellement en vigueur, et à les appliquer, en particulier par l’incrimination, dans leur légis- lation nationale, des faits s’y rapportant.
Nous demandons à nouveau aux États participants de l’OSCE d’envisager de devenir parties à la Convention internationale pour la répression des actes de terrorisme nucléaire et à la Conven- tion des Nations Unies contre la criminalité transnationale organisée, ainsi qu’à la Convention des Nations Unies contre la corruption, et de soutenir les efforts en cours pour parvenir à l’adop- tion d’une convention globale sur le terrorisme international dont les termes feront progresser les objectifs antiterroristes de la communauté internationale.
Nous demandons aux États participants d’envisager de devenir parties aux instruments juridiques régionaux et sous-régionaux se rapportant au terrorisme ou à la coopération judiciaire en matière pénale adoptés par les organisations auxquelles nous appartenons, et, lorsqu’il est besoin de com- bler des lacunes dans les instruments juridiques existants, à conclure des accords bilatéraux rela- tifs à l’entraide judiciaire et à l’extradition afin de pouvoir coopérer pleinement, conformément aux règles du droit national et international, aux efforts visant à retrouver et traduire en justice les auteurs, organisateurs, sympathisants et commanditaires des actes de terrorisme, selon le prin- cipe « extrader ou juger ».
Nous continuerons à échanger des informations, notamment par le biais du Conseil permanent et du Forum pour la coopération en matière de sécurité, sur les progrès réalisés pour devenir par- ties aux instruments juridiques internationaux, régionaux et bilatéraux contre le terrorisme et sur la coopération judiciaire en matière pénale, ainsi que sur les faits nouveaux dans la législation nationale se rapportant au terrorisme.
Nous nous félicitons du travail effectué à ce jour par les structures, institutions et présences de ter- rain de l’OSCE, en collaboration avec l’Office des Nations Unies contre la drogue et le crime, le Conseil de l’Europe et d’autres organisations régionales pertinentes, pour renforcer le régime juridique contre le terrorisme en promouvant la mise en œuvre des obligations des États partici- pants au titre des instruments universels et régionaux contre le terrorisme auxquels ils sont par- ties, et en facilitant la coopération judiciaire internationale en matière pénale, et les encourage à poursuivre dans cette voie.
Nous continuerons également à développer l’interaction et le dialogue sur les questions concer- nant le soutien et la promotion du cadre juridique international contre le terrorisme avec les par- tenaires méditerranéens et asiatiques pour la coopération.
Déclaration Ministérielle sur les migrations
1. Nous, Ministres des affaires étrangères des États participants de l’OSCE, nous félicitons du rap- port qui a été établi sur les activités menées par l’OSCE dans le domaine des migrations depuis 2005 et exprimons nos remerciements et notre appui continu pour les travaux effectués sur des questions relatives aux migrations et à l’intégration dans les trois dimensions de l’OSCE et qui affectent tous les pays, y compris ceux d’origine, de destination et de transit.
2. Conscients de l’importance prise par les migrations pour les affaires internationales et natio- nales, nous réaffirmons la Décision No 2/05 du Conseil ministériel sur les migrations et demandons au Conseil permanent et aux structures compétentes de l’OSCE, dans les limites de leurs mandats existants, de continuer à examiner des questions pertinentes relatives aux migrations et à l’inté- gration dans le cadre de leur approche globale de la sécurité.
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3. Le Dialogue de haut niveau de l’ONU sur les migrations internationales et le développement a, notamment, étudié la relation entre ces deux phénomènes complexes, souligné que les migrations pouvaient être une force positive pour le développement dans tous les pays, et confirmé l’impor tance qu’il y avait à assurer la coordination entre les organisations internationales et régionales compétentes actives dans ces domaines.
4. Du fait de la mondialisation et de la mobilité accrue, le dialogue et la coopération entre gouver- nements aux niveaux bilatéral, régional et international sont devenus de plus en plus importants pour traiter efficacement des possibilités et des défis des migrations internationales à l’intérieur de tous les pays et entre eux, y compris ceux d’origine, de transit et de destination.
5. Le phénomène des migrations s’étant développé, à la fois de par son ampleur et sa complexité, nous encourageons toutes les institutions et structures concernées de l’OSCE, dans le cadre de leurs mandats existants, à poursuivre leur travail sur des questions de migration et d’intégration dans les trois dimensions, en particulier sur la contribution possible des migrations au développement durable et au codéveloppement ; la promotion de l’intégration dans le respect de la diversité culturelle et religieuse ; l’examen de la question des migrations forcées en respectant les obligations juridiques internationales pertinentes, et la lutte contre les migrations illégales ainsi que contre la traite des êtres humains et l’exploitation, la discrimination, les abus et les manifestations de racisme à l’en- contre des migrants, avec une attention particulière pour les femmes et les enfants ; et la facilita- tion du dialogue, du partenariat et de la coopération entre les États participants de l’OSCE et les partenaires pour la coopération sur des questions relatives aux migrations.
6. Nous prenons note du bon travail interorganisationnel effectué dans le cadre de l’élaboration du Manuel OSCE/OIM/OIT intitulé Handbook on Establishing Effective Labour Migration Poli- cies in Countries of Origin and Destination et de la promotion d’une gestion améliorée des migra- tions par le biais d’une série d’activités. Le Manuel constitue un efficace outil de renforcement des capacités, qui est un élément clé pour préparer les institutions publiques à mettre en place un sys- tème de gestion des migrations en vue de superviser les flux migratoires.
II. Décisions du Conseil ministériel
Décision No 3/06
Lutte contre la traite des êtres humains
Le Conseil ministériel,
Réaffirmant les engagements auxquels les États participants ont souscrit dans le domaine de la lutte contre la traite des êtres humains,
Réaffirmant le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, ainsi que son addendum intitulé « Prise en considération des besoins spéciaux des enfants victimes de la traite en matière de protection et d’assistance » (PC.DEC/557/Rev.1 of 7 juillet 2005),
Rappelant la décision No 2/03 de la onzième Réunion du Conseil ministériel à Maastricht sur la lutte contre la traite des êtres humains, qui a établi, sous l’égide du Conseil permanent, un mécanisme de l’OSCE visant à porter assistance aux États participants pour lutter contre la traite des êtres humains,
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Réaffirmant l’importance de disposer d’une structure appropriée ayant des ressources adminis- tratives et financières adéquates et pouvant agir au niveau politique,
1. Décide que le mécanisme de l’OSCE visant à porter assistance aux États participants pour lut- ter contre la traite des êtres humains, établi sous l’égide du Conseil permanent, sera modifié pour faire partie intégrante du Secrétariat. Cette structure sera dirigée par une personnalité éminente, qui remplira la fonction de Représentant spécial et représentera l’OSCE au niveau politique, et sera composée d’un personnel recruté et détaché, notamment de celui de l’actuelle Unité d’assistance à la lutte contre la traite des êtres humains, nommé ou affecté conformément au Statut du person- nel et au Règlement du personnel de l’OSCE ;
La structure : (a) Assistera les États participants de l’OSCE dans la mise en œuvre des engagements et l’appli- cation pleine et entière des recommandations énoncés dans le Plan d’action de l’OSCE pour lut- ter contre la traite des êtres humains, y compris son addendum intitulé « Prise en considération des besoins spéciaux des enfants victimes de la traité en matière de protection et d’assistance » ; (b) Assurera la coordination des activités de l’OSCE en matière de lutte contre la traite des êtres humains dans les trois dimensions de l’OCSE et servira de point de contact pour les activités de l’OSCE dans ce domaine ; (c) Renforcera la coopération entre les autorités concernées des États participants et entre l’OSCE et les autres organisations pertinentes ; (d) Sensibilisera le public et la classe politique à la lutte contre la traite des êtres humains ; (e) Mènera ses activités dans tout l’espace de l’OSCE et, s’il y a lieu, assistera les États participants, dans un esprit de coopération et suite à des consultations avec les autorités pertinentes des États participants concernés, en vue de mettre en œuvre leurs engagements en matière de lutte contre la traite des êtres humains ; (f) Fournira et facilitera tout avis et assistance technique dans le domaine de la législation ainsi que dans celui de l’élaboration des politiques, en collaborant, si nécessaire, avec d’autres struc- tures de l’OSCE jouant un rôle dans ce domaine ; (g) Se tiendra prête à fournir des conseils aux représentants de haut niveau des pouvoirs législatif, judiciaire et exécutif dans les États participants et à débattre avec eux de la mise en œuvre du Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, y compris son addendum, et des engagements pris dans le domaine de la lutte contre la traite des êtres humains. Dans des cas par- ticuliers nécessitant une attention spéciale, elle cherchera à établir des contacts directs, de façon appropriée, avec les États participants concernés et discutera des conditions dans lesquelles les avis et l’assistance seront fournis, si besoin est ; (h) Coopérera avec les coordonnateurs nationaux, les rapporteurs nationaux ou autres mécanismes nationaux établis par les États participants pour coordonner et superviser les activités de lutte contre la traite menées par les institutions de l’État. Elle coopérera également avec les organisations non gouvernementales pertinentes dans les États participants. Par ailleurs, elle sera responsable au sein de l’OSCE de l’organisation et de la facilitation de réunions ayant pour objet l’échange d’informa- tions et d’expérience entre les coordonnateurs nationaux, les représentants désignés par les États participants ou les spécialistes de la lutte contre la traite des êtres humains ; (i) Coopérera étroitement, dans un rôle de coordination et en respectant pleinement leur man- dat, avec le Bureau des institutions démocratiques et des droits de l’homme (BIDDH) et d’autres institutions de l’OSCE, les structures pertinentes du Secrétariat, notamment le Bureau du Coor- donnateur des activités économiques et environnementales de l’OSCE, l’Unité pour les questions stratégiques de police, le Conseiller principal pour les questions de parité des sexes, ainsi que, le cas
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échéant, les opérations de terrain de l’OSCE. S’appuyant sur le savoir-faire de l’OSCE, les struc- tures de l’OSCE qui entreprennent des activités dans ce domaine se consulteront étroitement entre elles et consulteront le Représentant spécial afin d’éviter la redondance des activités, de garantir la complémentarité et la cohérence et, si nécessaire, de chercher à élaborer une approche intégrée ; (j) Coopérera et recherchera des synergies avec les acteurs internationaux pertinents, y compris les organisations régionales, les agences intergouvernementales et les organisations non gouver- nementales ; continuera de convoquer, de présider et d’organiser des initiatives communes de l’Al- liance contre la traite des personnes ;
2. Invite le Secrétaire général et le Président en exercice à se consulter au sujet de la nomination d’une personnalité éminente possédant une expérience professionnelle et politique pertinentes : • Le Secrétaire général nommera la personnalité à un poste de coordonnateur au niveau D2 avec le consentement de la Présidence, conformément à la Décision No 15/04 de la douzième Réu- nion du Conseil ministériel à Sofia ; • La Présidence en exercice conférera au coordonnateur les fonctions et le titre de Représentant spécial pour la lutte contre la traite des êtres humains afin de permettre à ce dernier de repré- senter adéquatement l’OSCE au niveau politique. Les États participants seront consultés confor- mément à la Décision No 8 de la dixième Réunion du conseil ministériel à Porto ;
3. Affirme que le Représentant spécial sera politiquement responsable devant le Conseil perma- nent et lui fera un rapport régulièrement et dès que nécessaire après consultation de la Présidence en exercice et du Secrétaire général, ainsi que conformément à la Décision No 13/05 de la treizième Réunion du Conseil ministériel à Ljubljana ;
4. Convient qu’à partir de 2007 les modalités de financement seront modifiées de sorte que le pro- gramme actuel du budget unifié intitulé « Représentant spécial pour la lutte contre la traite des êtres humains » fera partie du programme principal actuellement intitulé « Unité d’assistance à la lutte contre la traite des êtres humains » ;
5. Décide que la présente décision modifie la Décision No 2/03 de la onzième Réunion du Conseil ministériel à Maastricht et, si nécessaire, pourra être modifiée par le Conseil permanent.
Décision No 5/06
Crime organisé
Le Conseil ministériel,
Réaffirmant sa grave préoccupation quant aux incidences négatives du crime organisé sur la paix, la stabilité et la sécurité,
Notant avec inquiétude que le crime organisé devient de plus en plus efficace dans l’exploitation de nos économies globalisées et de nos sociétés ouvertes et qu’il représente un défi pluridimension- nel croissant pour tous les États participants dans l’espace de l’OSCE tout entier,
Notant avec inquiétude que le crime organisé dispose d’énormes ressources et peut exercer un pouvoir considérable, portant potentiellement atteinte aux valeurs démocratiques de nos sociétés et menaçant directement et indirectement la sécurité et la sûreté des citoyens ordinaires,
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Préoccupé également par les défis et les menaces que constituent les liens entre le crime organisé, le trafic d’êtres humains, d’armes et de drogues illicites, la corruption et le terrorisme ainsi que d’autres formes d’activités criminelles transnationales et nationales,
Convaincu que la lutte contre le crime organisé doit rester un élément central de nos politiques pour assurer la sécurité et la sûreté de nos citoyens, à la fois au niveau national et par la coopéra- tion internationale,
Soulignant que des institutions démocratiques qui respectent les droits de l’homme et l’état de droit et sont responsables devant les citoyens et la société civile constituent le meilleur moyen de lutter contre le crime organisé,
Insistant sur le rôle clé joué par un système de justice pénale performant et efficace pour assurer la sécurité et la sûreté publiques,
Considérant que les politiques et les activités concernant le système de justice pénale devraient englober et intégrer, notamment, la prévention du crime, l’application de la loi, la police, l’appareil judiciaire, le ministère public, les avocats de la défense et les systèmes pénaux,
Considérant que des systèmes de justice pénale compétents et efficaces ne peuvent être élaborés que sur la base de l’état de droit et de la protection des droits de l’homme et que l’état de droit lui- même requiert la protection de tels systèmes de justice pénale,
Considérant que des systèmes de justice pénale compétents et efficaces fondés sur l’état de droit sont un préalable pour lutter contre le crime organisé, le trafic d’êtres humains, de drogues et d’armes, le terrorisme, la corruption et d’autres formes d’activités criminelles transnationales et nationales et que des réponses d’experts doivent être apportées à ces défis pour la sécurité dans le cadre géné- ral d’un système de justice pénale,
Considérant la pertinence continue des règles et des normes de l’ONU pour la prévention du crime et la justice pénale et du rôle de l’Office des Nations Unies contre la drogue et le crime (ONUDC) pour favoriser leur utilisation et leur application et se félicitant de la coopération accrue entre le Secrétariat de l’OSCE, l’ONUDC et la Commission de l’ONU pour la prévention du crime et la justice pénale,
Considérant les activités menées par d’autres organes de l’ONU et d’autres enceintes internatio- nales dans le domaine de l’état de droit,
Considérant l’importance de la mise en œuvre des obligations au titre de la Convention des Nations Unies contre la criminalité transnationale organisée (Convention de Palerme) et, le cas échéant, de ses protocoles additionnels, ainsi qu’au titre de la Convention des Nations Unies contre la cor- ruption, en tant que moyens pour à la fois lutter contre le crime organisé et la corruption et favo- riser la coopération internationale en matière pénale,
Prenant note des conventions pertinentes et de leurs protocoles, élaborés dans le cadre du Conseil de l’Europe,
Prenant note des conclusions des séminaires et ateliers de l’OSCE tenus en 2005 et en 2006 sur la coopération judiciaire internationale en matière pénale, sur la prévention du terrorisme et sur les drogues illicites et autres formes de trafics,
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Conscient que l’OSCE doit s’attacher à renforcer la coopération judiciaire internationale et à amé- liorer les systèmes de justice pénale dans le cadre de son agenda général en matière de sécurité, en concertation avec l’Organisation des Nations Unies et d’autres enceintes multilatérales,
1. Demande instamment aux États participants de continuer de considérer le crime organisé comme une menace importante et, là où c’est possible, de renforcer la mise en œuvre de leurs obligations internationales respectives et de leurs engagements pris dans le cadre de l’OSCE dans tous les domaines de leur système de justice pénale ;
2. Recommande d’envisager l’adoption, le cas échéant, de plans nationaux traitant de questions relatives à la sécurité et d’appliquer une approche intégrée en ayant à l’esprit que chaque élément du système de justice pénale influe sur les autres ;
3. Invite les États participants à envisager d’entreprendre des auto-évaluations de leur système de justice pénale en se servant, le cas échéant, des instruments disponibles auprès des organisations internationales, tels que les outils d’évaluation de l’ONUDC/de l’OSCE, et en faisant, si nécessaire, le meilleur usage d’autres outils disponibles, notamment auprès du Conseil de l’Europe (CEPEJ) et d’autres organisations, du monde universitaire ou des barreaux ;
4. Demande instamment aux États participants d’accorder toute l’attention voulue à l’intégrité et au professionnalisme des organes chargés de faire respecter la loi et du ministère public, à l’adminis- tration efficace de la justice et à la gestion appropriée du système des tribunaux, à l’indépendance du pouvoir judiciaire et au bon fonctionnement du système pénitentiaire ainsi que d’étudier des alternatives à l’emprisonnement ;
5. Recommande, dans le cadre de l’élaboration des politiques de prévention et de lutte contre le crime organisé, d’améliorer la qualité de la collecte et de l’analyse des données, d’élaborer et d’utiliser à l’échelle nationale des évaluations des risques et des menaces, et de promouvoir l’échange d’in- formations et de meilleures pratiques, dans la mesure où cela ne se fait pas déjà ;
6. Recommande d’intensifier les efforts nationaux de coopération, de coordination et d’échange d’informations à l’échelle internationale en tant qu’étape importante pour contrer la criminalité transnationale organisée ;
7. Demande instamment aux États participants de renforcer la coopération judiciaire internatio- nale en matière pénale, notamment, en envisageant de devenir parties à la Convention des Nations Unies contre la criminalité transnationale organisée (Convention de Palerme), le cas échéant, à ses protocoles additionnels, à la Convention des Nations Unies contre la corruption, et en s’acquittant de leurs obligations au titre de ces instruments et d’autres instruments de coopération judiciaire multilatérale et bilatérale auxquels ils sont parties, notamment en utilisant de manière appropriée les articles pertinents sur l’entraide judiciaire et l’extradition ;
8. Demande instamment aux États participants d’envisager d’adhérer à la Convention sur le trans- fèrement des personnes condamnées (Strasbourg, 21 novembre 1983) et à son Protocole addition- nel de 1997, le cas échéant, et d’envisager d’adhérer à des accords bilatéraux additionnels à cette Convention, facilitant le transfèrement des personnes condamnées ;
9. Soutient la coopération internationale en matière de police et prend note des résultats de la pre- mière réunion des chefs de police de l’OSCE tenue à Bruxelles le 24 novembre 2006, notamment de la suggestion de se réunir régulièrement, lorsque de telles réunions sont coordonnées avec d’autres réunions des chefs de police et en tiennent compte ;
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10. Recommande d’entreprendre des efforts d’information de la population, incluant la coopéra- tion entre les autorités chargées de veiller au respect de la loi et les organisations de la société civile, afin que les citoyens soient davantage conscients de leurs droits civils, fassent une plus grande confiance à la justice pénale en tant que garante de ces droits, et ne craignent pas de s’adresser aux autorités compétentes ;
11.(a) Charge le Secrétaire général et les structures exécutives compétentes de l’OSCE, dans le cadre de leurs mandats respectifs, d’accorder davantage d’attention dans leurs politiques et activités au rôle clé des systèmes de justice pénale dans le renforcement des institutions et dans la promotion de l’état de droit, ainsi que de coopérer et de se concerter plus étroitement afin de mieux tenir compte de l’interaction entre les éléments constitutifs de ces systèmes ; (b) Charge le Secrétaire général et les structures exécutives compétentes de l’OSCE, dans le cadre de leurs mandats respectifs, de mettre à profit et de consolider les connaissances et l’expérience existantes en matière de justice pénale et de crime organisé ; (c) Charge le Secrétaire général de favoriser et de promouvoir la coopération judiciaire internatio- nale en matière pénale entre États participants en tenant également compte du cadre fourni par la Convention des Nations Unies contre la criminalité transnationale organisée et en apportant son soutien à sa Conférence des Parties, et de continuer à coopérer avec l’ONUDC sur des ques- tions telles que la lutte contre le crime organisé et les drogues illicites ; (d) Charge le Secrétaire général et le BIDDH d’informer régulièrement les États participants et de leur présenter un rapport écrit conjoint avant l’intersession d’été en 2007 sur l’exécution des tâches susmentionnées ; (e) Charge le Conseil permanent de prendre note du rapport susmentionné et d’envisager, le cas échéant, un éventuel suivi ; (f) Charge le Secrétaire général et les structures exécutives compétentes de l’OSCE dont le BIDDH, le cas échéant en concertation et en coopération avec d’autres organisations et institutions interna- tionales, d’être prêts à répondre aux propositions de projet et aux demandes de coopération éma- nant d’États participants et à envisager de faciliter des programmes de formation, dans le cadre de leurs mandats respectifs et dans la mesure où des contributions sont disponibles à cet effet ; (g) Souligne l’importance d’une cohérence et d’une continuité accrues des efforts de tous les organes de l’OSCE concernés ainsi que d’une coopération renforcée avec les institutions spécialisées. A cet égard, charge le Secrétaire général d’améliorer la coordination de ces activités, dans le cadre des ressources et des mandats existants. Invite les États participants à prêter leur soutien à ces activités.
Décision no 7/06
Lutte contre l’utilisation d’Internet à des fins terroristes
Le Conseil ministériel,
Rappelant sa décision précédente sur la question (MC.DEC/3/04),
Restant vivement préoccupé par l’utilisation croissante d’Internet à des fins terroristes, comme l’indiquent la décision susmentionnée et les documents ultérieurs,
Réaffirmant dans ce contexte qu’il est important de respecter pleinement le droit à la liberté d’opi- nion et d’expression, lequel englobe la liberté de rechercher, de recevoir et de communiquer des
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informations, qui sont vitales pour la démocratie et sont d’ailleurs renforcées par l’Internet (PC. DEC/633 du 11 novembre 2004) et l’état de droit,
Sachant que la résolution 1624 (2005) du Conseil de sécurité des Nations Unies appelle les États à adopter toutes mesures nécessaires et appropriées et conformes aux obligations qui leur incombent en vertu du droit international, pour interdire par la loi l’incitation à commettre des actes de ter- rorisme et empêcher toute incitation à commettre de tels actes,
Réaffirmant nos engagements au titre de la Stratégie antiterroriste mondiale de l’Organisation des Nations Unies, en particulier « de coordonner les efforts aux niveaux international et régional afin de contrer le terrorisme sous toutes ses formes et dans toutes ses manifestations sur l’Internet » et « d’utiliser l’Internet comme un outil pour faire échec au terrorisme, tout en reconnaissant que les États pourront avoir besoin d’une assistance à cet égard »,
Notant l’observation figurant dans le rapport du Comité des Nations Unies contre le terrorisme (S/2006/737 du 15 septembre 2006) selon laquelle plusieurs États ont informé le Comité qu’ils envisageaient dans leur législation nationale d’appliquer à l’Internet l’interdiction de l’incitation,
Prenant note des développements récents, en particulier la Convention du Conseil de l’Europe pour la prévention du terrorisme, concernant les obligations des États parties à la Convention d’ériger en infractions pénales la provocation publique à commettre des infractions terroristes, ainsi que le recrutement et l’entraînement pour le terrorisme,
Rappelant la Convention du Conseil de l’Europe sur la cybercriminalité (2001), seul et unique ins- trument multilatéral juridiquement contraignant, qui traite spécifiquement de la cybercrimina- lité, notamment en fournissant un cadre juridique commun pour la coopération internationale entre les États parties à la Convention pour lutter contre la cybercriminalité, et son Protocole addi- tionnel relatif à l’incrimination d’actes de nature raciste et xénophobe commis par le biais de sys- tèmes informatiques,
Saluant l’engagement pris par le Sommet du G8 (Saint-Pétersbourg, Fédération de Russie, 16 juillet 2006) de s’opposer efficacement aux tentatives d’utilisation abusive du cyberespace à des fins ter- roristes, y compris l’incitation à commettre des actes terroristes, à communiquer et planifier des actes terroristes, ainsi que le recrutement et l’entrainement de terroristes, et notant en particulier le rôle du réseau 24/7 sur la criminalité informatique établi par le G8 pour contrer le comporte- ment délictueux dans le cyberespace,
Rappelant les conclusions de la Réunion spéciale de l’OSCE sur la relation entre la propagande raciste, xénophobe et antisémite sur Internet et les crimes inspirés par la haine (Paris, 15-16 juin 2004), ainsi que celles de l’Atelier d’experts de l’OSCE sur la lutte contre l’utilisation d’Internet à des fins terroristes (Vienne, 13-14 octobre 2005) et celles de l’Atelier d’experts conjoint de l’OSCE et du Conseil de l’Europe sur la prévention du terrorisme : lutte contre l’incitation et les activités terroristes connexes (Vienne, 19-20 octobre 2006) et les activités pertinentes menées par le Secrétariat et les institutions de l’OSCE, en particulier par le Représentant pour la liberté des médias et le BIDDH,
Prenant en considération les différentes approches nationales d’une définition d’un contenu « illégal » et « répréhensible » ainsi que les différentes suites qui y sont données, allant notamment de l’utilisa- tion possible de renseignements recueillis par l’analyse du trafic et du contenu d’Internet à la fer- meture de sites Internet des organisations terroristes et de ceux qui les soutiennent,
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Préoccupé par les attaques continues de pirates, qui bien qu’elles ne soient pas liées au terrorisme, n’en témoignent pas moins qu’il existe actuellement des experts dans ce domaine et offrent de ce fait un risque de cyberattaques terroristes contre les systèmes informatiques, touchant les activités des infrastructures sensibles, des institutions financières ou d’autres réseaux vitaux,
1. Décide d’intensifier l’action de l’OSCE et de ses États participants, notamment en renforçant la coopération internationale pour contrer l’utilisation de l’Internet à des fins terroristes ;
2. Appelle les États participants à envisager de prendre toutes les mesures appropriées pour protéger les infrastructures et réseaux vitaux d’informations sensibles contre la menace de cyberattaques ;
3. Appelle les États participants à envisager de devenir parties aux instruments juridiques régionaux et internationaux existants, notamment aux Conventions du Conseil de l’Europe sur la cybercri- minalité (2001) et pour la prévention du terrorisme (2005) et à mettre en œuvre leurs obligations relevant de ces instruments ;
4. Encourage les États participants à s’associer au réseau 24/7, établi par le G8, et à désigner une personne ou unité de contact appropriée pour ce réseau afin de rationaliser la coopération interna- tionale entre les services de répression pour contrer l’utilisation abusive du cyberespace à des fins criminelles et, le cas échéant, dans les affaires pénales qui impliquent des preuves électroniques ;
5. Appelle les États participants, auxquels il serait demandé d’intenter une action contre un contenu relevant de leur juridiction et illégal en vertu de leur propre législation, à prendre toutes les mesures appropriées contre un tel contenu et à coopérer avec d’autres États intéressés, dans le respect de leur législation nationale et de l’état de droit, et conformément à leurs obligations internatio- nales, notamment celles relatives aux droits de l’homme ;
6. Invite les États participants à renforcer leur surveillance des sites Internet des organisations ter- roristes/extrémistes violentes et de ceux qui les soutiennent et à accroitre leurs échanges d’infor- mation au sein de l’OSCE et d’autres instances pertinentes sur l’utilisation de l’Internet à des fins terroristes ainsi que sur les mesures prises pour la contrecarrer, conformément à l’état de droit et à leur législation nationale, tout en assurant le respect des obligations et des normes internatio- nales en matière de droits de l’homme, notamment celles concernant les droits à la vie privée et à la liberté d’opinion et d’expression. Les redondances avec les activités en cours dans d’autres ins- tances internationales devraient être évitées ;
7. Recommande aux États participants d’envisager la possibilité d’un engagement plus actif de la part des institutions de la société civile et du secteur privé pour prévenir et contrer l’utilisation de l’In- ternet à des fins terroristes ;
8. Encourage les États participants à prendre part à la conférence politique de l’OSCE qui se dérou- lera en mai 2007 sur le partenariat public-privé dans la lutte contre le terrorisme, à Vienne, et qui sera axée sur le rôle vital que le secteur privé, notamment les milieux d’affaires, la société civile et les médias peuvent jouer en coopération avec les gouvernements pour prévenir et combattre le terrorisme ;
9. Charge le Secrétaire général de promouvoir, en particulier par l’intermédiaire du Réseau contre-terrorisme de l’OSCE, l’échange d’informations sur la menace que constitue l’utilisation de l’Internet à des fins terroristes, notamment l’incitation, le recrutement, la collecte de fonds, l’entraînement, et la planification ciblée d’actes terroristes, ainsi que sur des mesures législatives et autres prises pour contrer cette menace.
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Décision no 13/06
Combattre l’intolérance et la discrimination et promotion du respect et de la compréhension mutuels
Le Conseil ministériel,
Rappelant que le respect des droits de l’homme, des libertés fondamentales, de la démocratie et de l’état de droit est au cœur du concept global de sécurité de l’OSCE,
Conscient que les manifestations de discrimination et d’intolérance menacent la sécurité des indi- vidus et la cohésion sociale et peuvent générer des conflits et actes de violence à plus grande échelle,
Reconnaissant que la promotion d’une culture de respect mutuel, de compréhension et d’égalité ainsi que la recherche de l’égalité des chances pour une participation effective aux sociétés démo- cratiques exigent une approche systématique, globale et à long terme,
Profondément préoccupé par l’expression publique de propos racistes, xénophobes et discrimi- natoires,
Réaffirmant la nécessité pour les États participants de lutter avec détermination contre tous les actes et manifestations de haine, notamment les crimes de haine, en reconnaissant que les efforts requis pour y remédier impliquent souvent une approche commune, tout en reconnaissant dans le même temps le caractère unique et le contexte historique de chacune des formes de ces manifestations,
Rappelant ses engagements dans le domaine de la tolérance et de la non-discrimination énoncés dans l’Acte final d’Helsinki de 1975, la Charte de Paris pour une nouvelle Europe de 1990, le Docu- ment du colloque de Cracovie de 1991 sur le patrimoine culturel des États participant à la CSCE, la Charte de sécurité européenne de 1999, ainsi que dans les décisions du Conseil ministériel de l’OSCE adoptées à Porto (MC(10). DEC/6), Maastricht (MC.DEC/4/03), Sofia (MC.DEC/12/04) et Ljubljana (MC.DEC/10/05),
Rappelant l’intérêt accru porté par l’OSCE à la lutte contre l’intolérance et la discrimination et à la promotion du respect et de la compréhension mutuels, marqué par les conférences de Vienne de 2003 sur l’antisémitisme et sur le racisme, la xénophobie et la discrimination, la Conférence de Berlin d’avril 2004 sur l’antisémitisme, la Réunion de Paris de juin 2004 sur la relation entre la propagande raciste, xénophobe et antisémite sur Internet et les crimes inspirés par la haine, la Conférence de Bruxelles de septembre 2004 sur la tolérance et la lutte contre le racisme, la xéno- phobie et la discrimination ainsi que la Conférence de Cordoue de juin 2005 sur l’antisémitisme et autres formes d’intolérance, et rappelant les textes issus de ces conférences,
Réaffirmant sa détermination à mettre en œuvre les engagements existants de l’OSCE dans les domaines de la tolérance et de la non-discrimination et notant la contribution des réunions théma- tiques de 2006 en rapport avec la tolérance et axées sur la mise en œuvre consacrées à la promotion de la compréhension interculturelle, interconfessionnelle et interethnique (Almaty), à l’éducation pour promouvoir le respect et la compréhension mutuels et l’éducation concernant l’Holocauste (Dubrovnik) ainsi que sur la collecte de données relatives aux crimes de haine (Vienne),
Appréciant l’action des trois représentants personnels du Président en exercice en soutien de l’ef- fort global de l’OSCE pour lutter contre l’intolérance et la discrimination et souhaitant un examen
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de leur contribution à cet effort global par le Président en exercice, en consultation avec les États participants, au cours de l’année 2007,
Reconnaissant le rôle essentiel que peut jouer la société civile dans la lutte contre l’intolérance et la discrimination ainsi que dans la promotion du respect et de la compréhension mutuels,
Alarmé par toute progression de partis, mouvements et groupes politiques prônant la violence,
Également préoccupé, dans ce contexte, par les manifestations violentes d’extrémisme associé au racisme, à la xénophobie, à l’antisémitisme, au nationalisme agressif et au néonazisme,
Rappelant la contribution de l’OSCE à l’initiative de l’ONU sur l’Alliance des civilisations dont le but est de forger une volonté politique collective et de mobiliser une action concertée aux niveaux insti- tutionnel et de la société civile pour promouvoir le respect et la compréhension mutuels, et prenant note du rapport du Groupe de haut niveau présenté au Secrétaire général de l’ONU le 13 novembre 2006 à Istanbul qui vise à créer, sous les auspices de l’ONU, des partenariats entre les organisa- tions internationales partageant les objectifs de l’Alliance des civilisations,
1. Décide de convoquer, au cours du premier semestre de 2007, une conférence de haut niveau sur la lutte contre la discrimination et sur la promotion du respect et de la compréhension mutuels, dans le cadre du suivi de la Conférence de Cordoue de 2005 sur l’antisémitisme et autres formes d’intolérance et se félicite de la proposition de la Roumanie d’accueillir cette conférence ;
2. Charge le Conseil permanent d’examiner les moyens de renforcer davantage l’efficacité, la cohé- rence et l’homogénéité des activités de l’OSCE dans le domaine de la lutte contre l’intolérance et la discrimination ainsi que de la promotion du respect et de la compréhension mutuels, à partir de 2007, dans le but d’améliorer la mise en œuvre des engagements ;
3. Encourage les États participants à reconnaître la contribution positive que tous les individus peuvent apporter au caractère pluraliste harmonieux de nos sociétés par la promotion de poli- tiques axées sur l’égalité des chances, des droits, de l’accès à la justice et aux services publics, et à l’encouragement du dialogue et d’une participation effective ;
4. S’engage à mieux faire prendre conscience de la valeur de la diversité culturelle et religieuse comme source d’enrichissement mutuel des sociétés et à reconnaître l’importance de l’intégra- tion dans le respect de la diversité culturelle et religieuse en tant qu’élément clé de la promotion du respect et de la compréhension mutuels ;
5. Invite les États participants à s’attaquer aux causes profondes de l’intolérance et de la discri- mination en encourageant l’élaboration de politiques et stratégies nationales globales en matière d’éducation, ainsi que par des mesures de sensibilisation qui : • promeuvent une plus grande compréhension et un plus grand respect des différentes cultures, ethnicités, religions ou croyances ; • visent à prévenir l’intolérance et la discrimination, notamment à l’encontre des chrétiens, des juifs, des musulmans et des membres d’autres religions ; • promeuvent l’éducation relative à la tragédie de l’Holocauste et à sa mémoire, ainsi qu’à d’autres génocides, reconnus en tant que tels conformément à la Convention de 1948 pour la prévention et la répression du crime de génocide, et les crimes contre l’humanité ;
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6. Reconnaît l’importante contribution que les jeunes peuvent apporter à la lutte contre l’into- lérance et la discrimination et encourage la poursuite et le développement plus avant des activi- tés de bonnes pratiques, comme l’éducation des jeunes enfants aux droits de l’homme dans toute la région de l’OSCE, et pour organiser un événement de l’OSCE sur la jeunesse en 2007 en prenant en considération l’expérience et les compétences acquises dans ce domaine par d’autres organisa- tions internationales et régionales pertinentes afin d’éviter les doublons ;
7. Décide de promouvoir le renforcement des capacités des services chargés de l’application de la loi par le biais de la formation et de l’élaboration de recommandations sur la manière la plus efficace et la plus appropriée de faire face aux crimes motivés par les préjugés, d’accroitre les échanges positifs entre la police et les victimes et d’encourager ces dernières à signaler les crimes de haine, notamment par la formation des agents qui sont les premiers à intervenir, la mise en œuvre de pro- grammes de proximité pour améliorer les relations entre la police et le public ainsi que par la for- mation à l’orientation des victimes ayant besoin d’aide et de protection ;
8. Déplore l’expression publique de propos racistes, xénophobes et discriminatoires et souligne le fait que les responsables politiques peuvent jouer un rôle positif dans la promotion globale du respect et de la compréhension mutuels et influer de façon importante pour désamorcer les tensions au sein des sociétés, en dénonçant les actes et les incidents motivés par la haine et en reconnaissant les contributions positives que tous les individus peuvent apporter à une société pluraliste harmonieuse ;
9. Reconnaît le rôle essentiel que les médias libres et indépendants peuvent jouer dans les sociétés démocratiques ainsi que la forte influence qu’ils peuvent avoir sur l’atténuation ou l’exacerbation des idées erronées et des préjugés et, à cet égard, encourage l’adoption de normes professionnelles volontaires par les journalistes, l’autorégulation des médias ainsi que d’autres mécanismes appro- priés visant à renforcer le professionnalisme et l’objectivité des journalistes et leur adhésion à des normes éthiques ;
10. Souligne l’importance cruciale pour les États d’adopter un cadre juridique solide assurant l’éga- lité devant la loi et une protection judiciaire adéquate et de mettre en œuvre des politiques et des plans stratégiques facilitant la non-discrimination et l’égalité des chances ;
11. Encourage les États participants à intensifier leurs efforts visant à mettre en œuvre leurs enga- gements à recueillir et tenir à jour, sur les crimes de haine, des informations et des statistiques fiables qui sont indispensables pour la formulation d’une politique efficace et pour l’allocation de ressources appropriées à la lutte contre les incidents motivés par la haine et, dans ce contexte, invite également les États participants à faciliter le renforcement des capacités de la société civile afin de contribuer au suivi et au signalement des incidents motivés par la haine et d’aider les vic- times de crimes de haine ;
12. Décide que les États participants devraient s’engager plus activement à soutenir les activités de la société civile par le biais de partenariats efficaces, d’un dialogue et d’une coopération ren- forcés entre la société civile et les pouvoirs publics dans le domaine de la promotion du respect et de la compréhension mutuels, de l’égalité des chances, de l’insertion de tous dans la société, et de la lutte contre l’intolérance, notamment en créant, en fonction des besoins, des mécanismes de consultation locaux, régionaux et nationaux ;
13. Encourage les structures exécutives de l’OSCE, dans le cadre de leurs mandats existants, à incor- porer des éléments sur la lutte contre l’intolérance et la discrimination ainsi que sur la promo- tion du respect et de la compréhension mutuels à leurs activités actuelles et futures dans la région de l’OSCE tout entière ;
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14. Encourage le Bureau des institutions démocratiques et des droits de l’homme (BIDDH), sur la base des engagements existants, notamment par le biais de la coopération avec les structures exécutives concernées de l’OSCE : (a) A renforcer encore les activités de son Programme pour la tolérance et la non-discrimination, en particulier ses programmes d’assistance, afin d’aider, à leur demande, les États participants à mettre en œuvre leurs engagements ; (b) A renforcer encore les activités du Groupe consultatif d’experts du BIDDH sur la liberté de reli- gion ou de conscience visant à fournir appui et assistance spécialisée aux États participants ; (c) A poursuivre son étroite coopération avec les autres organismes intergouvernementaux com- pétents et la société civile œuvrant dans le domaine de la promotion du respect et de la compré- hension mutuels et de la lutte contre l’intolérance et la discrimination, notamment en rassemblant des données sur les crimes de haine ; (d) A continuer de servir de centre de collecte des informations et statistiques fournies par les États participants sur les crimes de haine et la législation en la matière et à publier ces informations par l’intermédiaire de son Système d’information sur la tolérance et la non-discrimination et de son rapport sur les défis et réponses aux incidents motivés par la haine dans la région de l’OSCE ; (e) A renforcer, dans le cadre des ressources existantes, sa fonction d’alerte précoce pour détecter et signaler les incidents et tendances motivés par la haine et sensibiliser à leur sujet, et à fournir recommandations et assistance aux États participants, à leur demande, dans les domaines où des réponses plus adaptées sont nécessaires ;
15. Encourage le Représentant pour la liberté des médias, dans le cadre des ressources disponibles, à envisager d’examiner les meilleures pratiques dans des domaines relevant de ses compétences en rapport avec la lutte contre l’intolérance ;
16. Attend avec intérêt la suite donnée par l’ONU au rapport du Groupe de haut niveau de l’ini- tiative pour une Alliance des civilisations afin d’envisager une contribution appropriée de l’OSCE à sa mise en œuvre
Décision no 14/06
Renforcement les efforts a lutter contre la traite des êtres humains, notamment à des fins d’exploitation par le travail, par une approche globale et proactive
Le Conseil ministériel,
Vivement préoccupé que la traite des êtres humains sous toutes ses formes demeure très répan- due dans la région de l’OSCE et au-delà, en dépit des efforts nationaux et internationaux accrus pour contrer ce phénomène,
Considérant que la traite des être humains est un crime grave et odieux qui porte atteinte à la dignité humaine et contrevient à l’exercice des droits de l’homme et des libertés fondamentales, alimen- tant de surcroît les réseaux criminels organisés,
Reconnaissant que l’application des lois, la poursuite des auteurs, la protection, la réadaptation, l’intégration et la réinsertion des victimes le cas échéant, notamment leur accès effectif à la jus- tice, ainsi que la prévention, notamment par des mesures axées sur le volet de la demande, sont importants pour lutter avec efficacité contre la traite des êtres humains,
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Soulignant que la complexité de la traite des êtres humains exige une réponse multidimension- nelle et impliquant de nombreux acteurs qui devrait être coordonnée aux niveaux national, régio- nal et international,
Réitérant l’appui des États participants à la ratification et à la mise en œuvre de la Convention des Nations Unies contre la criminalité transnationale organisée (Convention de Palerme), et de son Protocole additionnel visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants,
Réaffirmant l’importance du Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, y compris de son addendum sur les besoins spéciaux des enfants victimes de la traite en matière de protection et d’assistance, adopté par le Conseil ministériel à Ljubljana en 2005, ainsi que de sa mise en œuvre par les États participants,
Prenant note des conclusions de la Conférence de novembre 2006 sur la traite des êtres humains aux fins d’exploitation de leur travail/travail forcé et servile, sur la poursuite des auteurs, et sur la justice pour les victimes,
Rappelant le Pacte international relatif aux droits économiques, sociaux et culturels, en particulier les articles 6 et 7 sur le droit au travail et le droit de toute personne à jouir de conditions de tra- vail justes et favorables,
1. Engage les États participants à poursuivre le dialogue à un niveau politique élevé avec le Repré- sentant spécial pour la lutte contre la traite afin de renforcer la mise en œuvre des engagements de l’OSCE en la matière ;
2. Prie instamment les États participants de promouvoir une approche globale de la lutte contre la traite des êtres humains sous toutes ses formes par des dispositifs nationaux, régionaux et inter- nationaux, une coopération et coordination entre les services de répression, les inspections du tra- vail, les unités de protection sociale, les établissements médicaux, les agents d’immigration et des services des frontières, les organisations de la société civile, les services de soutien aux victimes, ainsi que le monde des affaires et d’autres acteurs pertinents, en adoptant également une approche soucieuse de l’égalité entre les sexes. A cette fin, il est recommandé aux États participants de mettre en place des mécanismes nationaux d’orientation, et de nommer des coordonnateurs nationaux ;
3. Prie instamment les États participants, avec le soutien des structures et des institutions de l’OSCE si nécessaire, d’améliorer la recherche et le système de collecte et d’analyse de données, en tenant dûment compte de la confidentialité des données et, si possible, de décomposer les statistiques par sexe, âge et autres facteurs pertinents le cas échéant, afin de mieux évaluer le caractère et l’am- pleur du problème et de mettre au point des politiques efficaces et bien ciblées sur la traite des êtres humains. A cette fin, il est recommandé aux États participants d’envisager de nommer des rappor- teurs nationaux ou des mécanismes de surveillance indépendants similaires ;
4. Prie instamment les États participants, en coopération avec les organisations internationales et les ONG le cas échéant, de s’efforcer de réduire le risque pour les victimes rapatriées de faire à nouveau l’objet de la traite, notamment en examinant les facteurs qui rendent les personnes plus vulnérables à la traite des êtres humains, tels que la pauvreté, la discrimination, l’absence d’accès à l’éducation et aux possibilités économiques, le harcèlement sexuel, et la violence domestique et en procédant à des évaluations de risques pour s’assurer que le retour des victimes s’effectue en toute sécurité ;
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5. Souligne qu’il importe de fournir aux victimes de la traite des êtres humains un accès effectif à la justice, notamment aux conseils et informations sur leurs droits dans une langue qu’ils peuvent comprendre, ainsi qu’en leur offrant la possibilité d’obtenir réparation pour les dommages subis, et demande aux États participants d’honorer leurs obligations au titre des dispositions pertinentes de la Convention des Nations Unies contre la criminalité transnationale organisée (Convention de Palerme) et de son Protocole additionnel visant à prévenir, réprimer et punir la traite des per- sonnes, en particulier des femmes et des enfants ;
6. Encourage les États participants à lutter de manière plus proactive contre la traite des être humains aux fins de l’exploitation de leur travail, notamment en : (a) Veillant à ce que leur législation pénale nationale relative à la traite des êtres humains aux fins d’exploitation de leur travail soit conforme aux exigences du Protocole des Nations Unies visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants, qui complète la Convention des Nations Unies contre la criminalité transnationale organisée. A cette fin, les États participants sont encouragés à s’assurer que de tels crimes puissent être identifiés et que leurs auteurs soient poursuivis de manière appropriée ; (b) Veillant à ce que les normes de travail minima soient prises en compte dans leur législation du travail, et que le respect de cette législation soit garanti afin de réduire le risque de traite des personnes aux fins d’exploitation de leur travail ; (c) Menant des programmes de formation des responsables concernés, ainsi que d’autres personnes susceptibles d’entrer en contact avec les victimes présumées de la traite, par exemple le person- nel de santé, les travailleurs sociaux, les inspecteurs du travail, et d’autres personnes, afin d’amé- liorer leur capacité à identifier les victimes de la traite et les orienter vers des services d’assistance et de protection ; (d) Veillant à ce que les campagnes d’information visant à sensibiliser à la traite ne contribuent pas à stigmatiser davantage les groupes vulnérables, ce qui peut aboutir à leur plus grande vulnérabi- lité face aux abus dont ils pourraient être victimes en matière de droits de l’homme ; (e) Encourageant des stratégies de proximité, notamment en coopération avec les ONG concernées, afin de fournir des informations sur la traite des êtres humains aux fins de l’exploitation de leur travail aux communautés de migrants et aux travailleurs faiblement rémunérés et dans des sec- teurs particulièrement vulnérables tels que l’agriculture, l’industrie de la construction, de l’habil- lement ou la restauration, ou en tant qu’employés domestiques, afin d’améliorer l’accès des victimes à l’assistance et à la justice et d’encourager les personnes ayant des informations sur des situations possibles de traite à orienter les victimes vers une telle assistance et de le signaler aux autorités appro- priées pour qu’elles enquêtent s’il y a des motifs raisonnables de croire qu’un crime a été commis ; (f) Élaborant et faisant usage d’une méthodologie moderne d’enquête, en particulier pour per- mettre l’identification des cas de traite et la poursuite de leurs auteurs sans avoir à se fonder uni- quement sur le témoignage des victimes ; (g) Mettant en commun les meilleures pratiques opérationnelles actuelles dans les enquêtes de police sur la traite des êtres humains aux fins d’exploitation de leur travail, et en veillant à ce que la police travaillant sur la traite des êtres humains soit régulièrement en contact avec ses homologues d’autres agences chargés d’enquêter sur les conditions de travail le cas échéant et adopte une approche mul- tidisciplinaire de l’identification et de la protection des droits des victimes de la traite à des fins d’exploitation de leur travail ;
7. Charge le Conseil permanent d’envisager les moyens de renforcer encore les efforts de lutte contre la traite des êtres humains, notamment aux fins d’exploitation de leur travail, en prenant en compte les engagements pertinents de l’OSCE, le Plan d’action de l’OSCE pour lutter contre
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la traite des êtres humains et les conclusions de la Conférence de novembre 2006 sur la traite des êtres humains aux fins d’exploitation de leur travail/travail forcé et servile, sur la poursuite des auteurs, et sur la justice pour les victimes.
Décision no 15/06
Lutte contre l’exploitation sexuelle des enfants
Le Conseil ministériel,
Reconnaissant que l’exploitation sexuelle des enfants est un problème grave et largement répandu dans la région de l’OSCE et au-delà, aux manifestations multiples et interdépendantes, notamment la prostitution, la pornographie mettant en scène des enfants, la traite d’enfants à des fins d’exploi- tation sexuelle, le tourisme sexuel et les mariages forcés d’enfants,
Reconnaissant que l’exploitation sexuelle des enfants porte atteinte à la dignité humaine et est pré- judiciable à la jouissance des droits de l’homme et des libertés fondamentales,
Considérant que l’exploitation sexuelle des enfants constitue un crime grave et abominable, impli- quant dans de nombreux cas le crime organisé, qui doit être prévenu, détecté, poursuivi et sanc- tionné par tous les moyens disponibles,
Soulignant la nécessité de s’attaquer aux nombreux facteurs qui rendent les enfants vulnérables à l’exploitation sexuelle – notamment les disparités économiques, le manque d’accès à l’éducation ainsi que la discrimination, y compris celle fondée sur le sexe – et celle de lutter contre la demande de pornographie mettant en scène des enfants et de tourisme sexuel, et d’empêcher que de tels actes soient commis,
Estimant que l’exploitation sexuelle des enfants s’accroît et se répand par l’utilisation des nouvelles technologies telles qu’Internet,
Réaffirmant tous les engagements de l’OSCE en la matière,
Prenant note de la Résolution sur la lutte contre la traite et l’exploitation des enfants dans la por- nographie, adoptée par l’Assemblée parlementaire de l’OSCE à Bruxelles lors de sa quinzième ses- sion annuelle,
Ayant à l’esprit les dispositions en la matière des instruments internationaux pertinents, notam- ment de la Convention des Nations Unies relative aux droits de l’enfant et du Protocole facultatif à la Convention relative aux droits de l’enfant, concernant la vente d’enfants, la prostitution des enfants et la pornographie mettant en scène des enfants, ainsi que du Protocole visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants, additionnel à la Convention des Nations Unies contre la criminalité transnationale organisée, et les recom- mandations des organismes internationaux concernés,
Prenant en considération les dispositions de la Convention du Conseil de l’Europe sur la cybercri- minalité (2001) relatives à la pornographie enfantine,
Rappelant la Déclaration et le Plan d’action du premier Congrès mondial contre l’exploitation sexuelle des enfants à fins commerciales, qui s’est tenu en Suède en 1996, et l’Engagement mondial de Yokohama, adopté au deuxième Congrès mondial qui s’est déroulé au Japon en 2001,
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Prenant en considération les recommandations de l’étude du Secrétaire général de l’Organisa- tion des Nations Unies sur la violence à l’encontre des enfants*, ainsi que les travaux du Rappor- teur spécial des Nations Unies sur la vente d’enfants, la prostitution des enfants et la pornographie mettant en scène des enfants,
1. Condamne l’exploitation sexuelle des enfants sous toutes ses formes, notamment : (a) Par la prostitution des enfants et la pornographie mettant en scène des enfants, notamment par l’offre, l’obtention, l’acquisition, la fourniture ou le recrutement d’un enfant à de telles fins ou en profitant de l’exploitation d’un enfant à de telles fins ; (b) Lorsqu’il est fait usage de la contrainte, de la force, de la tromperie ou de menaces, d’abus de confiance, d’autorité ou d’influence sur un enfant, ou en proposant ou en donnant de l’argent ou d’autres formes de rémunération/de contrepartie en échange de prestations sexuelles, y com- pris en temps de conflit armé ou de situation post-conflit ; (c) La production, distribution, diffusion ou transmission, l’offre ou autre mise à disposition de toutes les formes de pornographie mettant en scène des enfants (par le biais de systèmes infor- matiques, d’Internet ou autres moyens) ; (d) L’acquisition et la possession délibérées de matériel pornographique mettant en scène des enfants ; (e) La traite d’enfants aux fins d’exploitation sexuelle ;
2. Invite les États participants à mettre leur législation en la matière en conformité avec leurs enga- gements et obligations internationaux pertinents ;
3. Engage les États participants à adopter une approche globale du problème de l’exploitation sexuelle des enfants, en s’attaquant à ses racines et à ses facteurs contributifs, notamment la demande qui alimente toutes les formes d’exploitation sexuelle des enfants, et à élaborer des stratégies exhaustives et proactives ainsi que des mesures visant à prévenir et combattre l’exploitation sexuelle des enfants ;
4. Engage vivement les États participants à prendre toutes les mesures légales pour réprimer l’ex- ploitation sexuelle des enfants, en prévoyant des sanctions efficaces, proportionnées et dissuasives. A cet égard, encourage les États participants à envisager des mesures légales qui leur permettraient d’engager des poursuites à l’encontre de leurs ressortissants pour des infractions sexuelles graves à l’encontre d’enfants, même lorsque que celles-ci sont commises dans un autre pays ;
5. Invite les États participants à renforcer les capacités des services compétents à enquêter de façon proactive et à poursuivre en justice les contrevenants ;
6. Invite les États participants à faciliter la protection juridique, l’assistance, les soins médicaux appropriés, les programmes de réadaptation et de réintégration pour les enfants victimes de l’exploi- tation sexuelle et, s’il y a lieu, à garantir le retour en toute sécurité des enfants victimes de la traite ;
7. Invite les États participants à sensibiliser davantage tous les niveaux de la société au problème de l’exploitation sexuelle des enfants ;
* Document A/61/299 de l’Assemblée générale des Nations Unies transmis le 29 août 2006. Le rapport du Secré- taire général sur la violence à l’encontre des enfants a été présenté le 11 octobre 2006 à la 3e Commission de l’As- semblée générale (http://www.violencestudy. org) par l’Expert indépendant, Paulo Sergio Pinheiro (http://www. violencestudy.org/a30).
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8. Conseille aux États participants d’élaborer des systèmes compatibles et échangeables de consi- gnation de données spécifiques à l’exploitation sexuelle des enfants, en respectant la confidentia- lité des données personnelles, et de promouvoir des mécanismes de collecte exhaustive de données et la recherche sur l’exploitation sexuelle des enfants ;
9. Soutient les mesures prises par les États participants en collaboration avec des organisations non gouvernementales (ONG) et les représentants des secteurs économiques concernés, tels que ceux du voyage, de l’hôtellerie ou des médias, pour éradiquer la demande d’exploitation sexuelle des enfants ;
10. Encourage vivement une coopération internationale accrue entre les États participants en matière de détection, d’enquête, de poursuites et de punition des auteurs de l’exploitation sexuelle des enfants ;
11. Recommande aux États participants d’élaborer des programmes de formation portant sur l’ex- ploitation sexuelle des enfants à l’intention des personnels travaillant dans le domaine de la jus- tice, de la police, du tourisme, des transports, de l’action sociale, de la santé, de la société civile, des organisations religieuses et de l’éducation ;
12. Préconise une collaboration, dans le respect de la législation nationale relative à la protec- tion des données personnelles, entre les autorités concernées des États participants et les fournis- seurs de services Internet, les sociétés de cartes de crédit, les banques et autres corporations, ainsi qu’avec les ONG concernées, pour assurer la collecte et la communication des informations rela- tives à l’exploitation sexuelle des enfants ;
13. Recommande la création de services d’assistance par téléphone ou par Internet, éventuellement en collaboration avec des ONG, auxquels il serait possible de communiquer de façon confiden- tielle des cas d’exploitation sexuelle d’enfants, de sorte que ces informations puissent faire l’ob- jet d’une enquête par les services compétents et que les victimes et leur famille puissent recevoir un soutien approprié ;
14. Prend note des initiatives de la société civile visant à lutter contre l’exploitation sexuelle des enfants, notamment le Code de conduite visant à protéger les enfants de l’exploitation sexuelle dans le tourisme, rédigé par le réseau ECPAT (« Éradiquer la prostitution enfantine, la pornogra- phie enfantine et le trafic d’enfants à des fins sexuelles ») ;
15. Charge les structures exécutives de l’OSCE d’étudier, dans le cadre de leurs mandats, les moyens d’assurer une formation appropriée et une sensibilisation au problème de l’exploitation sexuelle des enfants à l’intention des responsables de l’OSCE en gardant à l’esprit l’instruction No 11 du Code de conduite des responsables et du personnel de l’OSCE relative à la traite des êtres humains ;
16. Encourage les structures exécutives pertinentes de l’OSCE à accorder, dans le cadre de leurs man- dats actuels, une attention particulière au domaine de l’exploitation sexuelle des enfants, notam- ment en liaison avec la traite des êtres humains, et insiste sur la nécessité pour ces structures ainsi que pour les États participants de coopérer avec les autres organisations internationales, les ONG et la société civile pour lutter contre l’exploitation sexuelle des enfants.
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Décision no 17/06
Amélioration du processus consultatif
Le Conseil ministériel,
Ayant présent à l’esprit l’approche globale de l’OSCE en matière de sécurité, qui couvre les dimen- sions politico-militaire, économique et environnementale et humaine, tout en reconnaissant la nécessité d’une perspective transdimensionnelle, à la fois en termes d’approche conceptuelle et d’activités de programme,
Prenant note de la recommandation du Groupe de personnes éminentes d’introduire une struc- ture de comités afin de rendre le processus consultatif et décisionnel plus participatif, interactif et transparent en impliquant tous les États participants plus activement et efficacement, et d’élar- gir la prise en charge du processus participatif,
Rappelant la Décision No 17/05 sur le renforcement de l’efficacité de l’OSCE adoptée lors de la Réu- nion du Conseil ministériel à Ljubljana,
Conscient qu’il faut améliorer les consultations et le dialogue, également en vue de préparer les débats, les conclusions et les décisions du Conseil permanent,
Conscient qu’il est souhaitable d’éviter de mettre en place des groupes de travail et de décourager la création d’organes supplémentaires,
Désireux de renforcer la coopération, de faire face plus efficacement aux nouvelles menaces pour la sécurité et de fournir un cadre global et plus efficace pour le dialogue politique entre tous les États participants,
Décide d’établir les comités ci-après en tant qu’organes informels subsidiaires du Conseil permanent :
Un Comité de Sécurité (…)
Un comité économique et environnemental, qui se substituera au Sous-Comité économique et envi- ronnemental du Conseil permanent (…)
Un comité sur la dimension humaine, qui s’acquittera des tâches suivantes : • Débattre de questions liées à la dimension humaine, notamment de la mise en œuvre des enga- gements des États participants ; • Appuyer les préparatifs des réunions sur la mise en œuvre des engagements concernant la dimen- sion humaine et d’autres réunions sur la dimension humaine ; • Étudier, à la demande de la Présidence en consultation avec les États participants, des questions transdimensionnelles ayant un rapport particulier avec la dimension humaine ; • Débattre des recommandations au Conseil permanent sur le programme de travail, y compris des mesures pour donner suite aux recommandations formulées lors des réunions sur la dimen- sion humaine ;
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Décide, en outre, que :
Au début de chaque année, la Présidence, en consultation avec les États participants, précisera davantage les tâches des comités susmentionnés et établira un programme de travail tenant compte des objectifs et des priorités de l’Organisation en prenant également en considération la nécessité d’assurer une couverture adéquate des questions transdimensionnelles à l’examen. (…)
Les comités susmentionnés se réuniront dans un cadre informel et feront rapport au Conseil per- manent, lui fourniront des avis, formuleront des recommandations et élaboreront les décisions appropriées à son intention par l’intermédiaire du Comité préparatoire. Les dispositions perti- nentes des règles de procédure de l’OSCE, en particulier le chapitre V(A), s’appliqueront aux tra- vaux des comités. (…)
En règle générale, chaque comité se réunira au moins une fois par mois. A l’initiative de la Prési- dence, ou du/de la Président(e) du comité, ou à la demande d’un ou de plusieurs États participants, chaque comité peut se réunir aussi fréquemment que nécessaire, en fonction du besoin de mener des consultations ou de la nécessité de préparer la prise de décisions par le Conseil permanent. La Présidence et les président(e)s des comités éviteront de convoquer simultanément des réunions d’organes informels subsidiaires.
Les comités examineront des questions qui relèvent de leur compétence à la demande de la Prési- dence, du Conseil permanent ou d’un ou de plusieurs États participants.
Les paragraphes 6 à 9 du chapitre V(A) des règles de procédure de l’OSCE s’appliqueront en ce qui concerne la participation aux réunions des trois comités nouvellement établis de la même manière qu’ils s’appliquent à la participation aux réunions du Comité préparatoire.
Le Secrétariat de l’OSCE prêtera son soutien aux activités des comités.
La présente décision sera applicable pour une durée d’un an à compter du 1er janvier 2007. Elle sera examinée par le Conseil permanent à la fin de 2007 en vue de décider de sa prorogation éven- tuelle en tenant compte de l’expérience acquise avec la nouvelle structure.
Décision no 19/06
Renforcement de l’efficacité de l’OSCE
Le Conseil ministériel,
Prenant en considération les recommandations du Groupe de personnes éminentes (CIO.GAL/100/05 du 27 juin 2005),
En application de la Décision No 17/05 du Conseil ministériel sur le renforcement de l’efficacité de l’OSCE,
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Réaffirmant sa pleine adhésion aux normes, principes et engagements de l’OSCE, tels que consacrés en particulier dans l’Acte final d’Helsinki de 1975 et la Charte de Paris pour une nouvelle Europe de 1990, et qui s’appliquent de façon égale, et à tous les États participants,
Soulignant le rôle de l’Organisation en tant qu’accord régional au sens du Chapitre VIII de la Charte des Nations Unies et en tant qu’instrument clé pour l’alerte précoce, la prévention des crises et le relèvement après un conflit,
Réaffirmant l’approche globale de l’OSCE en matière de sécurité et l’importance des trois dimen- sions, la dimension politico-militaire, la dimension économique et environnementale ainsi que la dimension humaine, tout en ayant à l’esprit que bon nombre de ses activités ont un caractère transdimensionnel,
Conscient des défis communs des États participants et de la nécessité de coopérer dans un esprit de partenariat et de communauté de dessein,
Appelant les États participants à faire plein usage de l’Organisation en tant qu’enceinte de dia- logue politique,
Encourageant les États participants à tirer parti, le cas échéant, de l’assistance offerte par les insti- tutions et les opérations de terrain de l’OSCE pour mettre en œuvre leurs engagements,
Confirmant sa résolution à renforcer l’efficacité de l’OSCE et à faire en sorte que l’Organisation et ses pratiques de travail soient continûment conformes aux exigences contemporaines et à l’évo- lution des défis, en cherchant notamment à atteindre les objectifs ci-après : • Mieux cibler et hiérarchiser les travaux de l’Organisation dans les domaines où elle dispose d’un avantage comparatif, • Assurer la cohérence des priorités et des plans d’action sur le long terme conformément aux engagements et aux décisions de l’OSCE, • Améliorer la transparence et l’efficacité du processus décisionnel sur la base de l’égalité souve- raine des États et de la règle du consensus, • Encourager le sens de la communauté de dessein et des responsabilités partagées parmi les États participants,
Section 1 : Rapport du Conseil permanent
1. Remercie le Conseil permanent des travaux réalisés au titre du paragraphe 1 de la Décision No 17/05 du Conseil ministériel, et prend note du rapport distribué sous la responsabilité de la Pré- sidence (MC.GAL/2/06) : (…)
Section 2 : Rapport du BIDDH
1. Remercie le BIDDH des travaux qu’il a menés au titre du paragraphe 2 de la Décision No 17/05 du Conseil ministériel et prend note de son rapport distribué le 10 novembre 2006 ;
2. Considère que le BIDDH, dans le cadre de la mise en œuvre de son mandat, a démontré son apti- tude à assister les États participants dans l’exécution de leurs engagements au titre de la dimen- sion humaine ;
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3. Rappelle aux États participants que leur législation et leurs pratiques doivent rester conformes aux engagements de l’OSCE ;
4. Prend note de l’évaluation de l’état actuel de la mise en œuvre des engagements existants des États participants et souligne, en particulier, que les États participants eux-mêmes sont respon- sables de la mise en œuvre efficace de leurs engagements au titre de l’OSCE. A cet égard, le BIDDH, joue un rôle important dans le soutien qu’il leur apporte ;
5. Charge le Conseil permanent, en tenant compte des recommandations du BIDDH et des autres institutions pertinentes de l’OSCE, d’examiner les défis que pose la mise en œuvre dans les domaines exposés dans le rapport, en envisageant de mieux tirer parti de l’assistance du BIDDH ;
6. Prend note des suggestions figurant dans le rapport concernant de nouveaux engagements et demande au Conseil permanent de se prononcer sur ces suggestions, à temps pour la réunion du Conseil ministériel à Madrid en 2007 ;
7. Reconnaît l’expertise que le BIDDH apporte en soutenant les États participants par ses activi- tés ayant trait aux élections, notamment en procédant à l’examen des législations électorales et à l’observation des élections ;
8. S’engage à développer plus avant les activités de l’OSCE relatives aux élections, et dans ce contexte, réaffirme les dispositions du Document de la Réunion de Copenhague de la Conférence sur la dimension humaine de la CSCE (1990) en tant que pierre angulaire des engagements com- muns des États participants de l’OSCE à protéger et promouvoir les droits de l’homme et les liber- tés fondamentales, notamment ceux qui sont nécessaires à la tenue d’élections démocratiques ;
9. Note que les dispositions pertinentes de la Déclaration du Sommet de Budapest (1994), de la Décla- ration du Sommet de Lisbonne (1996), de la Déclaration du Sommet d’Istanbul (1999), de la Charte de sécurité européenne (1999) et des décisions ultérieures du Conseil ministériel de Porto (2002) et Maastricht (2003) ont complété ces engagements ;
10. Réaffirme les engagements des États participants à inviter aux élections des observateurs d’autres États participants, le BIDDH, l’Assemblée parlementaire de l’OSCE et les institutions et organisa- tions appropriées qui souhaitent les observer ;
11. Souligne que les États participants peuvent eux-mêmes contribuer efficacement à renforcer l’in- tégrité du processus électoral en mettant des observateurs à disposition ;
12. Reconnaît la nécessité constante d’assurer la responsabilité, l’objectivité, la transparence et le professionnalisme lors de l’observation des élections ;
13. Convient que le BIDDH devrait mettre en pratique les améliorations et recommandations concernant les activités ayant trait aux élections, notamment telles qu’elles figurent dans le rapport, et en particulier telles qu’énumérées ci-dessous, et qu’il soumettra régulièrement des rapports sur leur mise en œuvre, par l’intermédiaire de son Directeur, aux fins d’examen par le Conseil per- manent, en tant que de besoin : • Renforcer plus avant les méthodes d’observation et les programmes d’assistance ; • Assurer une couverture géographique aussi vaste que possible des activités du BIDDH dans le domaine des élections ;
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• Diversifier plus avant la participation des observateurs de courte durée, de longue durée et de « l’équipe noyau » d’observateurs par un appui accru d’un plus grand nombre d’États partici- pants, en encourageant les États participants à contribuer au fonds du BIDDH pour la diversi- fication des missions d’observation, en appuyant les activités de formation à l’échelon national et en développant des réseaux, s’étendant à l’ensemble de l’OSCE, de praticiens de l’observa- tion des élections ; • Accroître plus avant la transparence du recrutement des membres des équipes d’observation, tout en maintenant les normes professionnelles les plus élevées, notamment par une publicité active, la formation, des procédures compétitives et des listes ouvertes pour les chefs des mis- sions d’observation électorale et les membres de « l’équipe noyau », qui sont régulièrement com- muniquées aux États participants et disponibles sur des bases de données accessibles au public ; • Prêter la plus grande attention à l’indépendance, à l’impartialité et au professionnalisme de l’ob- servation des élections par le BIDDH ; • Renforcer l’ouverture linguistique et veiller à ce que les langues utilisées n’affectent en rien l’ef- ficacité de l’observation ;
14. Souligne que l’observation des élections est une entreprise commune à laquelle participent l’OSCE/BIDDH, l’Assemblée parlementaire de l’OSCE et d’autres institutions parlementaires ;
15. Reconnaît que la coopération étroite avec l’Assemblée parlementaire de l’OSCE renforce consi- dérablement la visibilité de l’action de l’OSCE en matière d’observation des élections, et demande au BIDDH de continuer à travailler en partenariat avec l’Assemblée parlementaire lors des mis- sions d’observation des élections sur la base de l’Accord de coopération de 1997 ;
16. Se félicite des suggestions visant à s’employer davantage à renforcer l’efficacité de l’assistance que le BIDDH fournit aux États participants, sur leur demande, y compris en faisant meilleur usage des réunions sur la dimension humaine.
320 Document de la Quinzième Réunion du Conseil ministériel Madrid 2007
I. Déclarations du Conseil ministériel
Déclaration ministérielle sur la soutien à la Stratégie antiterroriste mondiale de l’Organisation des Nations Unies
1. Nous, membres du Conseil ministériel de l’OSCE, demeurons préoccupés par la menace terro- riste persistante dans l’espace de l’OSCE.
2. Nous réaffirmons les engagements existants de l’OSCE concernant la lutte contre le terrorisme et l’intention de continuer à faire de nos activités en la matière des priorités pour l’OSCE.
3. Nous sommes conscients du rôle moteur de l’Organisation des Nations Unies dans les acti- vités internationales de lutte contre le terrorisme et soutenons la Stratégie antiterroriste mon- diale de l’Organisation des Nations Unies, adoptée le 8 septembre 2006 par l’Assemblée générale des Nations Unies, que nous considérons comme fournissant des orientations pour les activités de l’OSCE en matière de lutte contre le terrorisme, la Stratégie énonçant une approche mondiale exhaustive de la lutte contre le terrorisme en traitant non seulement ses manifestations mais éga- lement les conditions propices à sa propagation, dans un cadre fondé sur les droits de l’homme et l’état de droit et respectant toutes les obligations en vertu du droit international, en particu- lier du droit international des droits de l’homme, du droit des réfugiés et du droit humanitaire.
4. Nous rappelons l’approche mondiale exhaustive de la Stratégie en matière de lutte contre le ter- rorisme qui s’attaque non seulement à ses manifestations, mais également aux conditions pro- pices à sa propagation, notamment, mais pas exclusivement, les conflits non résolus qui perdurent, la déshumanisation des victimes du terrorisme sous toutes ses formes et dans toutes ses manifes- tations, l’absence de l’état de droit et les violations des droits de l’homme, la discrimination eth- nique, nationale et religieuse, l’exclusion politique, la marginalisation socio-économique et l’absence de bonne gouvernance, tout en sachant qu’aucune de ces conditions ne saurait excuser ou justi- fier les actes de terrorisme.
5. Nous notons que l’Assemblée générale des Nations Unies encourage les organisations régio- nales à « appuyer la mise en œuvre de la Stratégie, y compris en mobilisant des ressources et des compétences ».
6. Nous rappelons l’engagement de mettre en œuvre toutes les résolutions du Conseil de sécu- rité de l’ONU liées au terrorisme international, reconnaissant que de nombreux États continuent à avoir besoin d’une assistance pour les appliquer.
7. Nous appuyons les activités du Secrétariat de l’OSCE visant à promouvoir la mise en œuvre de la Stratégie, en particulier les consultations annuelles de haut niveau entre les représentants
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du Conseil de l’Europe, de l’Organisation pour la sécurité et la coopération en Europe et de l’Or- ganisation des Nations Unies (Vienne, février 2007) au format « Tripartite-Plus », ainsi que les tables rondes à l’intention des spécialistes de la lutte contre le terrorisme des organisations régio- nales et des centres de lutte contre le terrorisme, organisées à Copenhague (juillet 2006) et Vilnius (juin 2007) par l’Unité d’action contre le terrorisme.
8. Nous sommes satisfaits que l’approche de l’OSCE en matière de lutte contre le terrorisme corres- ponde à celle de la Stratégie de l’ONU car, entre autres choses, elle encourage l’état de droit, le res- pect des droits de l’homme et les systèmes de justice pénale efficaces, tous constituant les fondements essentiels de notre lutte commune contre le terrorisme, et que toutes nos activités en la matière puissent être perçues comme une contribution à la mise en œuvre de la Stratégie. L’OSCE, en par- ticulier ses États participants assistés, au besoin, du Secrétariat, des institutions et des présences de terrain, continuera d’exécuter les engagements relatifs à la lutte contre le terrorisme et pourrait se concentrer, bien que pas exclusivement, sur les activités suivantes :
9. L’OSCE continuera de promouvoir le cadre juridique international contre le terrorisme, en par- ticulier les conventions et protocoles universels relatifs à la lutte contre le terrorisme, et d’encoura- ger les États participants à devenir parties à ceux-ci et à se conformer à leurs obligations découlant de ces instruments ;
10. Après avoir mené, au cours de la période 2005 – 2007, en coopération avec l’Office des Nations Unies contre la drogue et le crime (ONUDC), un certain nombre d’ateliers au niveau de l’ensemble de l’OSCE, au niveau sous-régional et au niveau national, dans le but de renforcer la coopération juridique internationale en matière pénale liée au terrorisme sur la base du principe extrader ou poursuivre, et ayant conscience de l’importance que la Stratégie accorde aux poursuites et à la coo- pération judiciaire qui y est liée, le Secrétariat poursuivra son programme de coopération juridique avec une attention particulière, bien que non exclusive, pour l’assistance en matière de formation des responsables judiciaires aux niveaux sous-régional et national ; (…)
12. Ayant élaboré un programme exhaustif concernant la sécurité des documents de voyage, qui correspond complètement à l’appel de la Stratégie de l’ONU à intensifier les efforts et la coopé- ration pour améliorer la sécurité de la fabrication et de la délivrance des documents d’identité et de voyage, l’Unité d’action de l’OSCE contre le terrorisme accentuera ses efforts pour faciliter le déploiement de plateformes techniques pour accéder aux points de contrôle frontaliers à la base de données Interpol sur les documents de voyage volés et perdus, encouragera les États à com- muniquer à Interpol des données sur les documents perdus et volés et continuera de promouvoir la mise à niveau technologique des documents de voyage et la mise en place d’un processus exhaustif et sécurisé de traitement et de délivrance, conformément aux normes de l’OACI, protégeant l’iden- tité et renforçant les systèmes d’état civil, qui respecterait le principe de la non-discrimination ;
13. Les États participants coopéreront pleinement à la lutte contre le terrorisme, conformément à leurs obligations en vertu du droit international, pour découvrir, priver d’asile et traduire en jus- tice, par voie d’ extradition ou de poursuites, quiconque aide ou facilite le financement, la planifi- cation, la préparation ou la commission d’actes de terrorisme ou qui tente de le faire ou qui offre l’asile à de tels individus. Les États participants prendront des mesures appropriées, conformément aux dispositions pertinentes de leur législation nationale et du droit international, y compris les normes internationales relatives aux droits de l’homme, afin de s’assurer, avant d’octroyer le statut de réfugié, que les demandeurs d’asile n’ont pas organisé ou facilité la perpétration d’actes de ter- rorisme et n’y ont pas participé. Ils veilleront, conformément au droit international, à ce que les auteurs ou les organisateurs d’actes de terrorisme ou ceux qui facilitent de tels actes ne détournent
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pas à leur profit le statut de réfugié, et à ce que la revendication de motivations politiques ne soit pas considérée comme pouvant justifier le rejet de demandes d’extradition de terroristes présumés ;
14. Demeurant gravement préoccupés par l’utilisation de l’Internet à des fins terroristes, les États participants continueront d’échanger des informations concernant cette menace, et prendront d’autres mesures conformément à la Décision No 7/06 du Conseil ministériel sur la lutte contre l’utilisation de l’Internet à des fins terroristes ;
15. L’OSCE appuiera les activités de la Direction du Comité contre le terrorisme pour intensifier la mise en œuvre de la résolution 1624 (2005) du Conseil de sécurité de l’ONU ;
16. L’OSCE continuera de participer aux processus pour le règlement des conflits qui perdurent, qui font partie des conditions propices au terrorisme ;
17. L’OSCE poursuivra ses activités de lutte contre l’extrémisme violent et la radicalisation menant au terrorisme. L’intolérance et la discrimination doivent être traitées et combattues par les États participants et les structures exécutives de l’OSCE, dans le cadre de leurs mandats respectifs. Le Conseil permanent, avec l’appui du Secrétariat et des institutions, examinera en 2008 comment l’OSCE, par le biais d’une approche multidimensionnelle, pourrait contribuer au développement d’une meilleure compréhension du phénomène de l’extrémisme violent et de la radicalisation menant au terrorisme, en partageant les expériences nationales ; (…)
19. L’OSCE restera attachée à la promotion des partenariats public-privé en matière de lutte contre le terrorisme et continuera à impliquer le secteur privé (la société civile et le monde des affaires) dans ses activités de lutte contre le terrorisme ; (…)
21. En étroite coopération avec l’ONUDC, l’OSCE restera saisie de la question de la menace des drogues illicites, et donnera suite aux activités menées avec succès en 2006 et 2007 à cet égard ;
22. Le Bureau des institutions démocratiques et des droits de l’homme continuera d’aider les États participants, à leur demande, à veiller à ce que leurs initiatives en matière de lutte contre le terro- risme soient respectueuses des droits de l’homme, conformément à leurs engagements souscrits dans le cadre de l’OSCE. Le BIDDH continuera à offrir une assistance technique et des conseils sur les aspects relatifs aux droits de l’homme lors de l’élaboration et de la mise en œuvre des légis- lations nationales visant à lutter contre les menaces que constituent le terrorisme, l’extrémisme violent et la radicalisation menant au terrorisme, et continuera de faciliter le dialogue entre les États et les acteurs non gouvernementaux dans le but d’explorer des domaines de coopération et d’assistance mutuelle ;
23. Les institutions de l’OSCE poursuivront leur effort global visant à combattre l’intolérance et la discrimination et à promouvoir le respect et la compréhension mutuels, notamment par le biais de projets et de programmes impliquant tous les acteurs de la société ;
24. L’OSCE continuera à traiter la question de la solidarité avec les victimes du terrorisme, en s’ appuyant notamment sur la Décision No 618 du Conseil permanent sur la solidarité avec les vic- times du terrorisme et en prenant note de la Réunion de haut niveau sur les victimes du terrorisme, qui s’est tenue à Vienne en septembre 2007.
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25. Nous répétons que l’OSCE, y compris son Secrétariat, ses institutions et ses présences de terrain, est prête à travailler étroitement avec le système des Nations Unies et d’autres organisations interna- tionales et régionales à la mise en œuvre de la Stratégie mondiale antiterroriste de l’ONU. L’OSCE continuera à apporter son soutien à l’ONU dans ses activités de lutte contre le terrorisme et coo- pérera avec les autres organisations internationales et régionales actives dans ce domaine, en faci- litant leur assistance aux États participants en matière de renforcement de capacités, en appuyant et en promouvant leurs normes relatives à la lutte contre le terrorisme et à la sécurité, qui ont été reconnues comme les meilleures pratiques en la matière, et en contribuant au travail en réseau des spécialistes des États participants et des organisations internationales et régionales dans ce domaine pour susciter une meilleure coopération ainsi que des synergies dans leur travaux, apportant ainsi sa contribution à l’effort mondial de lutte contre le terrorisme.
II. Décisions du Conseil ministériel
Décision no 8/07
Lutte contre la traite des êtres humains à des fins d’exploitation par le travail
Le Conseil ministériel,
Réaffirmant sa détermination à lutter contre toutes les formes de traite des êtres humains, et réaf- firmant également les engagements pris par les États participants dans le domaine de la lutte contre la traite des êtres humains et leur résolution à les mettre en œuvre,
Rappelant la tâche fixée dans la Décision No 14 du Conseil ministériel de Bruxelles, consistant à envisager les moyens de renforcer encore les efforts de lutte contre la traite des êtres humains, notamment aux fins d’exploitation de leur travail (MC.DEC/14/06),
Réaffirmant en outre le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, qui met à la disposition des États participants un ensemble complet d’outils pour lutter contre toutes les formes de traite des êtres humains en protégeant les victimes, en prévenant la traite des êtres humains et en engageant des poursuites à l’encontre de ceux qui facilitent ou commettent ce crime,
Réitérant l’appui des États participants à la ratification et à la mise en œuvre de la Convention des Nations Unies contre la criminalité transnationale organisée et de son Protocole additionnel visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants,
Vivement préoccupé par le fait que la traite des êtres humains demeure très répandue dans la région de l’OSCE et au-delà, malgré les efforts nationaux et internationaux visant à la prévenir et à tra- duire en justice ceux qui en sont responsables,
Conscient de la nécessité de renforcer le cadre des engagements de l’OSCE pour relever les défis de la traite à des fins d’exploitation par le travail,
Conscient de la vulnérabilité des enfants à la traite à des fins d’exploitation par le travail et des besoins particuliers des enfants victimes,
Soulignant le fait que les politiques et les pratiques visant à s’attaquer à la traite à des fins d’exploi- tation par le travail, qui se produit dans le cadre de l’économie formelle et informelle, devraient
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être globales et par conséquent comprendre des mesures permettant de s’assurer du respect du droit du travail,
Soulignant que les mesures visant à s’attaquer à la traite à des fins d’exploitation par le travail devraient être conçues avec les acteurs du monde du travail, notamment les organisations de tra- vailleurs et d’employeurs, les administrateurs et les inspecteurs du travail, et encourager une plus grande participation de leur part,
Réaffirmant les engagements de l’OSCE concernant la sécurité des documents de voyage,
Conscient que les personnes en situation d’immigration irrégulière sont plus particulièrement sus- ceptibles d’être vulnérables à la traite à des fins d’exploitation par le travail,
Réaffirmant la nécessité de garantir le respect des droits de l’homme et, dans ce cadre, rappelant les instruments internationaux fondamentaux des Nations Unies relatifs aux droits de l’homme, notamment, dans la mesure où ils peuvent s’appliquer aux personnes particulièrement vulnérables à la traite à des fins d’exploitation par le travail,
Conscient des défis que représentent l’identification des victimes et l’assistance à leur apporter, notamment leur incertitude quant à la possibilité d’obtenir la qualité de résident, ce qui peut découler du recours à l’intimidation et à l’exploitation de la peur des victimes par les trafiquants, et conscient de la nécessité de procédures de dépôt de plainte qui encouragent les victimes à se faire connaître,
Demande aux États participants :
1. Veiller à ce que les victimes de la traite à des fins d’exploitation par le travail aient accès à la justice ;
2. En conformité avec la législation nationale et les obligations internationales, accorder un délai de réflexion ainsi que des permis de résidence temporaire ou permanent aux victimes de la traite, autoriser la délivrance de permis de travail aux victimes au cours de leur séjour, et mieux faire connaître ces possibilités ;
3. Veiller à ce qu’une assistance soit fournie aux victimes de la traite à des fins d’exploitation par le travail, en particulier un accès à un hébergement, aux soins, ainsi qu’à une assistance juridique et sociale en prenant en considération les recommandations figurant dans la Partie V du Plan d’ac- tion de l’OSCE pour lutter contre la traite des êtres humains et dans son Addendum sur la prise en considération des besoins spéciaux des enfants victimes de la traite en matière de protection et d’assistance, et mieux faire connaître la disponibilité de tels services ;
4. Consentir des efforts accrus et adopter des procédures plus efficaces pour détecter les victimes de la traite et, à cet égard, dispenser les formations et fournir les ressources nécessaires à cette tâche à leurs inspecteurs du travail et, au besoin, intensifier les inspections dans les secteurs vul- nérables à l’exploitation par le travail ;
5. Appuyer et promouvoir les partenariats entre la société civile, notamment les ONG, et les orga- nismes publics qui, dans le cadre de leur mandat de protection de la main-d’œuvre contrôlent les conditions de travail, afin de fournir, entre autres, une assistance aux victimes et de prévenir la traite à des fins d’exploitation par le travail et les violations de la législation sur le travail, notamment au moyen de programmes ciblés de sensibilisation ou de codes de conduite volontaires ;
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6. Envisager, dans le respect de la législation nationale, de permettre aux victimes de la traite à des fins d’exploitation par le travail de se faire représenter au cours des procédures judiciaires lors- qu’elles ne sont pas en mesure de le faire elles-mêmes ;
7. Envisager l’élaboration ou le renforcement de leur législation qui offre aux victimes de la traite à des fins d’exploitation par le travail la possibilité d’obtenir un dédommagement pour le préjudice subi, notamment, le cas échéant, la restitution des salaires qui leur sont dus ;
8. Accroître la coopération interorganisations et l’interaction sur les questions relatives à la traite à des fins d’exploitation par le travail entre leurs responsables des questions relatives au travail et à l’immigration, les forces de l’ordre, les magistrats et les services sociaux, notamment par la création de mécanismes nationaux d’orientation ou leur renforcement, selon le cas, tel que recommandé dans le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains ;
9. Veiller à ce que les organisations de la société civile, qui fournissent légalement une assistance aux victimes de la traite à des fins d’exploitation par le travail, ne soient pas sanctionnées ou pour- suivies du fait qu’elles fournissent une telle assistance ;
10. Prévoir, conformément aux principes fondamentaux de leur système judiciaire, la possibilité, au besoin, de ne pas infliger de sanctions aux victimes pour leur implication dans des activités illégales, dans le cas où elles ont été obligées d’y participer ;
11. Garantir des procédures de dépôt de plainte efficaces dans le cadre desquelles les individus peuvent signaler de façon confidentielle des circonstances pouvant être caractéristiques d’une situation de traite à des fins d’exploitation par le travail, telles que des conditions de travail et de vie pouvant laisser penser qu’elles donnent lieu à une exploitation ;
12. Élaborer des indicateurs prenant en considération, le cas échéant, ceux élaborés par la Com- mission d’experts de l’Organisation internationale du travail pour garantir la cohérence et la trans- parence en matière de détection des victimes et de mise au jour de situations de traite à des fins d’exploitation par le travail ;
13. Envisager la poursuite du débat d’experts sur la façon de distinguer les cas de traite à des fins d’exploitation par le travail des autres situations d’emploi irrégulier ;
14. Garantir des sanctions efficaces et proportionnées à l’encontre de ceux qui facilitent la traite à des fins d’exploitation par le travail, notamment à l’encontre des employeurs exploitateurs ;
15. Garantir des sanctions efficaces lorsque les employeurs ou les agences de recrutement créent des situations de servitude pour dettes ;
16. Élaborer des programmes visant à enrayer le recrutement frauduleux utilisé par certaines agences de recrutement qui peut rendre les personnes davantage vulnérables à la traite ;
17. Envisager de veiller à ce que les entrepreneurs qui ont recours en toute connaissance de cause à des sous-traitants impliqués dans la traite à des fins d’exploitation par le travail puissent être tenus pour responsables de ce crime ;
18. Envisager de dispenser une formation aux juges, procureurs, policiers/gendarmes et inspec- teurs du travail concernant la traite à des fins d’exploitation par le travail, tant du point de vue
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des poursuites judiciaires que de la protection des victimes et, à cet égard, veiller, le cas échéant, à l’octroi de ressources adéquates ;
19. Cibler les campagnes de sensibilisation dans les pays d’origine, de transit et de destination, à l’intention en particulier des groupes vulnérables à la traite à des fins d’exploitation par le travail ;
20. Intensifier les efforts visant à prévenir le travail des enfants, en envisageant de signer et de ratifier la Convention de l’Organisation internationale du travail sur les pires formes de travail des enfants, 1999, s’ils ne l’ont pas déjà fait, et, s’ils y sont déjà parties, en mettant en œuvre ses dispositions ;
21. Accroître la coopération internationale en échangeant des informations et les meilleures pra- tiques sur la lutte contre la traite à des fins d’exploitation par le travail, et en examinant les moyens de renforcer la collaboration en ce qui concerne l’application de la loi ainsi que la protection des victimes et l’assistance à la réinsertion dans des situations de rapatriement ;
22. Améliorer la collecte et l’analyse de données concernant le lien entre la traite à des fins d’ex- ploitation par le travail et les migrations, et échanger ces informations avec les autres États par- ticipants de l’OSCE.
Décision No 9/07
Lutte contre l’exploitation sexuelle des enfants sur Internet
Le Conseil ministériel,
Alarmé par le fait que l’essor de l’Internet a entraîné une augmentation substantielle à l’échelle mondiale du visionnage et de la diffusion de pornographie mettant en scène des enfants et de ses profits, notamment pour les organisations criminelles,
Réaffirmant l’engagement des États participants à appliquer la Décision No 15/06 du Conseil minis- tériel de Bruxelles et prenant note des efforts déployés par les structures exécutives de l’OSCE pour apporter leur concours aux États participants à cet égard,
Prenant en considération les travaux de la Réunion d’experts des 20 et 21 septembre 2007 sur l’ex- ploitation sexuelle des enfants sur l’Internet et de la Réunion supplémentaire sur la dimension humaine des 18 et 19 octobre 2007 sur la lutte contre l’exploitation sexuelle des enfants,
Résolu à combattre ce phénomène de plus en plus répandu, notamment en intensifiant l’activité de l’OSCE pour y remédier, décide :
1. D’encourager les États participants qui ne l’ont pas encore fait à créer un centre opérationnel national, ou une autre structure selon qu’il conviendra, pour renforcer la coordination et faire intervenir, dans la mesure du possible, le partenariat public-privé afin de remédier plus efficace- ment aux problèmes liés à l’exploitation sexuelle des enfants ;
2. D’inviter les États participants qui ne l’ont pas encore fait à recueillir et à stocker des informa- tions, conformément aux dispositions nationales relatives à la protection des données personnelles, sur les personnes reconnues coupables d’exploitation sexuelle d’enfants ou de mauvais traitements envers les enfants afin de faciliter l’arrestation des auteurs et le suivi de leur mise à l’épreuve et d’éla- borer, si besoin est, des instruments permettant l’échange d’informations à l’échelle internationale
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entre organismes chargés de l’application de la loi sur les condamnations et interdictions légales concernant les délinquants sexuels.
3. D’encourager les États participants qui ne l’ont pas encore fait à mettre en place un système qui permette aux organismes chargés de l’application de la loi de coopérer avec les services publics de radiodiffusion et, le cas échéant, de diffuser rapidement une alerte publique lorsqu’un enfant est porté disparu ;
4. De demander instamment aux États participants qui ne l’ont pas encore fait d’envisager d’ériger en infraction pénale l’acquisition et la possession intentionnelles de pornographie mettant en scène des enfants, étant donné que le visionnage et la possession de pornographie mettant en scène des enfants stimulent la croissance de cette industrie illicite ;
5. De préconiser que les États participants qui ne l’ont pas encore fait mettent en place des perma- nences téléphoniques spécifiques pour le signalement de mauvais traitements envers les enfants, notamment l’exploitation sexuelle d’enfants sur l’Internet ;
6. D’inviter les États participants à appuyer, selon qu’il conviendra, le renforcement de la collecte de données et de la recherche sur l’exploitation sexuelle des enfants et la pornographie mettant en scène des enfants sur l’Internet afin de mieux comprendre l’ampleur et les tendances du pro- blème et d’accroître ainsi l’efficacité des programmes pour le combattre ;
7. De préconiser que les États participants, conformément à leur législation nationale relative à la protection des données personnelles, s’emploient, non seulement au niveau national mais éga- lement international, avec les fournisseurs de services Internet, les entreprises de cartes de crédit, les banques et autres sociétés concernées, à prévenir l’utilisation de l’Internet à des fins d’exploita- tion sexuelle des enfants et à limiter les méthodes de paiement afin de rendre le crime moins pro- fitable et de s’attaquer à la demande de pornographie mettant en scène des enfants sur l’Internet ;
8. De demander à nouveau aux États participants de faciliter la protection juridique, l’assistance, les soins médicaux appropriés, ainsi que les programmes de réadaptation et de réinsertion pour les enfants victimes d’exploitation sexuelle et, s’il y a lieu, de garantir le retour en toute sécurité des enfants victimes de la traite à l’échelle internationale ;
9. De demander instamment aux États participants de l’OSCE de continuer à améliorer la forma- tion spécialisée des responsables de l’application des lois, des enseignants et des professionnels de santé, selon qu’il conviendra, sur la lutte contre la pornographie mettant en scène des enfants sur l’Internet, notamment en mettant à profit les programmes existants tels que celui proposé par le Centre international pour les enfants disparus et exploités, et charge les structures exécutives de l’OSCE compétentes en la matière de faciliter les contacts à cet égard ;
10. De charger les structures exécutives de l’OSCE compétentes en la matière d’apporter leur concours aux États participants de l’OSCE, à leur demande, pour la mise en œuvre de la présente décision et de la Décision No 15/06 du Conseil ministériel, dans le cadre des ressources disponibles et sans compromettre les activités existantes ;
11. De charger, dans le cadre des ressources existantes, le Secrétariat de l’OSCE de créer sur le site Web POLIS de son Unité pour les questions stratégiques de police une section multilingue consa- crée à la lutte contre l’exploitation sexuelle des enfants sur l’Internet ; cette section POLIS devrait créer un forum d’experts qui faciliterait l’accès des organismes chargés de l’application de la loi des États participants aux meilleures pratiques et aux techniques ou logiciels d’enquête disponibles
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et à une assistance pour la rédaction de lois ou à des modèles législatifs, et mettrait à la disposition du public des informations de sensibilisation et des liens ;
12. De charger le Secrétariat de l’OSCE d’organiser en 2008, par le biais du site POLIS, un atelier en ligne de l’OSCE sur l’exploitation sexuelle des enfants sur l’Internet, financé par des contribu- tions extrabudgétaires ;
13. De charger le Secrétaire général, en consultation avec les États participants, d’envisager des moyens d’accroître les compétences techniques de l’OSCE sur la question, dans le cadre des res- sources existantes et en tenant dûment compte des activités des autres organisations internationales ;
14. D’inviter les partenaires de l’OSCE pour la coopération à souscrire volontairement aux enga- gements des États participants en matière de lutte contre l’exploitation sexuelle des enfants.
Décision No 10/07
Tolérance et non-discrimination : Promouvoir le respect mutuel et la compréhension
Le Conseil ministériel,
Réaffirmant que le respect des droits de l’homme et des libertés fondamentales, de la démocra- tie et de l’état de droit est au cœur du concept global de sécurité de l’OSCE, et que la tolérance et la non-discrimination sont des éléments importants dans la promotion des droits de l’homme et des valeurs démocratiques,
Réaffirmant que les manifestations de discrimination et d’intolérance menacent la sécurité des individus et la cohésion sociale et réitérant qu’elles peuvent générer des conflits et actes de vio- lence à plus grande échelle,
Préoccupé par les crimes inspirés par la haine dans toute la région de l’OSCE et reconnaissant la nécessité de coopérer pour lutter efficacement contre ces crimes, et prenant note du rapport du BIDDH intitulé « Hate Crimes in the OSCE Region : Incidents and Responses », que les États participants l’avaient chargé d’établir,
Conscient du rôle que jouent les parlements nationaux en adoptant des législations contre les crimes de haine et la discrimination, ainsi qu’en servant de forum de débat national, et conscient égale- ment du rôle que joue l’Assemblée parlementaire en matière de sensibilisation aux engagements existants de l’OSCE dans le domaine de la tolérance et de la non-discrimination,
Mettant en lumière l’action des trois représentants personnels du Président en exercice à l’appui de l’effort global de l’OSCE pour lutter contre l’intolérance et la discrimination, et attendant avec intérêt les conclusions de l’examen auquel le Président en exercice a procédé en consultation avec les États participants,
Soulignant que la responsabilité principale de la lutte contre les actes d’intolérance et de discrimi- nation incombe aux États participants, notamment à leurs représentants politiques,
Réaffirmant son engagement à mieux faire prendre conscience de la valeur de la diversité culturelle et religieuse comme source d’enrichissement réciproque des sociétés et à reconnaître l’importance
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de l’intégration dans le respect de la diversité culturelle et religieuse en tant qu’élément clé pour promouvoir le respect et la compréhension mutuels,
Reconnaissant le rôle important que les jeunes peuvent jouer dans la promotion du respect et de la compréhension mutuels entre les cultures et les religions, contribuant ainsi à la promotion de la démocratie, des droits de l’homme et des libertés fondamentales et, à cet égard, prenant note du Forum de la jeunesse tenu à Madrid les 5 et 6 novembre 2007,
Considérant que les manifestations d’intolérance et de discrimination peuvent miner les efforts visant à protéger les droits des individus, notamment des migrants, des réfugiés, des personnes appartenant à des minorités nationales et des apatrides,
Considérant l’importance de la liberté de religion ou de conscience et de l’éducation à la tolérance et à la non-discrimination comme moyens de promouvoir le respect et la compréhension mutuels et, à cet égard, prenant note de la présentation des « Principes directeurs de Tolède sur l’enseigne- ment des religions et des convictions dans les écoles publiques »,
Réitérant l’intérêt de l’OSCE pour l’initiative d’Alliance des civilisations en vue d’envisager une contribution appropriée de l’OSCE à la phase de mise en œuvre du rapport du Groupe de haut niveau,
Prenant note de la nomination du Haut représentant des Nations Unies pour l’Alliance des civi- lisations et de sa présentation du Plan de mise en œuvre (2007 – 2009) à la Réunion ministérielle du Groupe des Amis en septembre 2007 à New York, ainsi que du premier Forum annuel de l’Al- liance qui doit avoir lieu à Madrid en janvier 2008,
Rappelant les engagements de l’OSCE relatifs à la promotion de la tolérance et de la non-discri- mination, tels qu’ils ont été souscrits lors de précédents Conseils ministériels, et prenant note des conclusions des diverses conférences axées sur la tolérance et la non-discrimination,
Se félicitant de la Conférence de haut niveau de l’OSCE sur la lutte contre la discrimination et sur la promotion du respect et de la compréhension mutuels, qui a eu lieu à Bucarest en juin 2007 dans le prolongement de la Conférence de Cordoue de 2005 sur l’antisémitisme et autres formes d’into- lérance, et prenant note de la Déclaration de Bucarest faite par le Président en exercice,
Rappelant en outre la Conférence organisée sous les auspices de la Présidence de l’OSCE sur l’in- tolérance et la discrimination à l’égard des musulmans, tenue à Cordoue en octobre, et prenant note de la « Déclaration de Cordoue de la Présidence en exercice sur la lutte contre l’intolérance et la discrimination à l’égard des musulmans »,
Reconnaissant la spécificité des différentes formes d’intolérance, tout en étant en même temps conscient qu’il importe d’adopter une approche globale et de traiter de questions transversales dans des domaines tels que, notamment, la législation, l’application de la loi, la collecte de données et le suivi des crimes inspirés par la haine, l’éducation, les médias et le débat public constructif, ainsi que la promotion du dialogue interculturel, afin de combattre efficacement toutes les formes de discrimination,
1. Appelle les représentants politiques, notamment les parlementaires, à s’employer sans relâche à rejeter et à condamner vivement les manifestations de racisme, de xénophobie, d’antisémitisme, de discrimination et d’intolérance, notamment à l’égard des chrétiens, des juifs, des musulmans et des membres d’autres religions, ainsi que les manifestations violentes d’extrémisme associées au nationalisme agressif et au néonazisme, tout en continuant à respecter la liberté d’expression ;
330 Madrid 2007
2. Souligne la nécessité pour les États participants de continuer à recueillir et à tenir à jour des données et des statistiques fiables sur les crimes et les incidents inspirés par la haine, à former des agents des forces de l’ordre et à renforcer la coopération avec la société civile ;
3. Encourage la promotion des programmes d’enseignement dans les États participants afin de sen- sibiliser davantage les jeunes à la valeur du respect et de la compréhension mutuels ;
4. Réaffirme sa reconnaissance du rôle essentiel que les médias libres et indépendants peuvent jouer dans les sociétés démocratiques ainsi que la forte influence qu’ils peuvent avoir sur l’atténuation ou l’exacerbation des idées erronées et des préjugés et, à cet égard, continue d’encourager l’adoption de normes professionnelles volontaires par les journalistes, l’autorégulation des médias ainsi que d’autres mécanismes appropriés visant à renforcer le professionnalisme et l’objectivité des jour- nalistes et leur adhésion à des normes éthiques ;
5. Invite les États participants à accroître leurs efforts, en coopération avec la société civile, pour lutter contre l’incitation à la violence imminente et aux crimes inspirés par la haine, y compris par le biais de l’Internet, dans le cadre de leur législation nationale, tout en respectant la liberté d’expression, et souligne en même temps que les possibilités offertes par l’Internet pour la promo- tion de la démocratie, des droits de l’homme et de l’éducation à la tolérance devraient être plei- nement exploitées ;
6. Réclame un engagement renforcé à appliquer le Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE ;
7. Invite les États participants à protéger les migrants résidant légalement dans les pays hôtes ainsi que les personnes appartenant à des minorités nationales, les apatrides et les réfugiés du racisme, de la xénophobie, de la discrimination et des actes violents d’intolérance et à élaborer ou renfor- cer des stratégies et programmes nationaux pour l’intégration des migrants en situation régulière, ce qui nécessite également la participation active de ces derniers ;
8. Encourage les États participants à mettre en commun les meilleures pratiques relatives à leurs législations, leurs politiques et leurs programmes qui contribuent à favoriser des sociétés ouvertes à tous et fondées sur le respect de la diversité culturelle et religieuse, des droits de l’homme et des principes démocratiques ;
9. S’engage à assurer un suivi efficace du travail effectué jusqu’à présent par les États participants et les institutions pertinentes de l’OSCE, en particulier le BIDDH par le biais de son programme sur la tolérance et la non-discrimination, pour promouvoir, dans le cadre de leurs mandats, la tolé- rance et la non-discrimination, en insistant sur l’importance de la mise en œuvre des engage- ments existants de l’OSCE et en tenant compte de l’expérience et des compétences acquises dans ce domaine par d’autres organisations internationales et régionales pertinentes afin d’éviter les doublons, et envisagera de futures conférences au niveau politique, éventuellement à intervalles réguliers, avec des réunions de mise en œuvre en 2008 ;
10. Encourage l’établissement, par les États participants qui ne l’ont pas encore fait, d’institutions ou d’organismes spécialisés pour lutter contre l’intolérance et la discrimination, ainsi que l’élabo- ration et la mise en œuvre de stratégies et de plans d’action nationaux dans ce domaine, en met- tant à profit les compétences et l’assistance des institutions pertinentes de l’OSCE, sur la base des engagements existants, et des institutions internationales pertinentes, selon qu’il conviendra ;
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11. Décide d’envisager une contribution appropriée de l’OSCE à la phase de mise en œuvre des recommandations du Groupe de haut niveau de l’Alliance des civilisations, en prenant en consi- dération le Plan de mise en œuvre élaboré par le Haut représentant des Nations Unies pour l’Al- liance des civilisations, et recommande que le Secrétaire général de l’OSCE, en consultation avec le Président en exercice, participe au premier Forum annuel de l’Alliance qui se tiendra sous peu à Madrid et fasse rapport aux États participants sur ses résultats.
332 Document de la Seizième Réunion du Conseil ministériel Helsinki 2008
I. Déclarations du Conseil ministériel
Déclaration ministérielle à l’occasion du soixantième anniversaire de la Déclaration universelle des droits de l’homme
Nous, membres du Conseil ministériel de l’OSCE, réaffirmons notre ferme attachement à la Décla- ration universelle des droits de l’homme (la « Déclaration universelle »), adoptée par l’Assemblée générale des Nations Unies le 10 décembre 1948.
À l’occasion du soixantième anniversaire de l’adoption de la Déclaration universelle, nous nous engageons à nouveau à agir conformément aux buts et principes de la Charte des Nations Unies et à la Déclaration universelle des droits de l’homme.
Dans l’esprit de l’Acte final de Helsinki, nous soulignons les principes régissant les relations mutuelles des États participants qui y sont inscrits, en particulier celui du respect des droits de l’homme et des libertés fondamentales.
Nous soulignons que tous les droits de l’homme sont universels.
Nous restons attachés au respect de la dignité inhérente à la personne humaine, telle qu’elle est reconnue dans la Déclaration universelle et dans les documents pertinents de l’OSCE dont nous sommes convenus.
Nous déclarons que les droits inscrits dans la Déclaration universelle restent pertinents.
Nous réaffirmons que nous assurerons la pleine application des engagements liés à la dimension humaine de l’OSCE. Tous les engagements de l’OSCE sans exception s’appliquent de la même manière à chaque État participant.
Nous réaffirmons le lien indissociable entre l’assurance du respect des droits de l’homme et le maintien de la paix, de la justice, du bien-être des peuples et de la stabilité, tel que reconnu dans le concept de sécurité commune et globale de l’OSCE.
Tenant compte des principes régissant les relations mutuelles des États participants inscrits dans l’Acte final de Helsinki, nous réaffirmons que les engagements contractés dans le domaine de la dimension humaine de l’OSCE sont un sujet de préoccupation directe et légitime pour tous les États participants et qu’ils ne relèvent pas exclusivement des affaires intérieures de l’État en cause, ainsi qu’il est stipulé dans le Document de Moscou 1991.
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Nous reconnaissons la contribution précieuse de l’OSCE à la promotion et à la protection des droits inscrits dans la Déclaration universelle. Nous saluons, en particulier, le travail accom- pli par le Bureau des institutions démocratiques et des droits de l’homme (BIDDH) en vue d’ai- der les États participants, conformément à son mandat, à mettre en œuvre les engagements liés à la dimension humaine.
À l’occasion du dixième anniversaire du Bureau du Représentant pour la liberté des médias, nous saluons le travail accompli par cette institution en vue de promouvoir des médias indépendants et pluralistes indispensables à une société libre et ouverte ainsi que des systèmes de gouvernement responsables. Nous appelons les États participants et les partenaires pour la coopération à créer un environnement propice à l’épanouissement de médias libres et indépendants.
À l’occasion du quinzième anniversaire de l’institution du Haut Commissaire pour les minorités nationales, nous saluons le rôle joué par le Haut Commissaire.
Nous demeurons résolus à nous employer à édifier, consolider et renforcer la démocratie dans nos pays.
Nous demeurons attachés à l’état de droit et à la protection égale de tous par la loi, sur la base du respect des droits de l’homme et de systèmes juridiques efficaces, accessibles et justes.
Nous soulignons que chacun a droit à la vie, à la liberté et à la sécurité de sa personne ; nul ne sera tenu en esclavage, et nul ne sera soumis à la torture, ni à des peines ou traitements cruels, inhu- mains ou dégradants.
Nous reconnaissons que c’est dans les sociétés démocratiques, où les décisions sont prises avec un maximum de transparence et une large participation, que les droits de l’homme sont le mieux res- pectés. Nous préconisons une société civile pluraliste et encourageons les partenariats entre diffé- rentes parties prenantes dans la promotion et la protection des droits de l’homme.
Nous réaffirmons que chacun a droit à la liberté de pensée, de conscience, de religion ou de convic- tion ; à la liberté d’opinion et d’expression ; et à la liberté de réunion pacifique et d’association. L’exercice de ces droits ne peut faire l’objet que des seules restrictions qui sont prévues par la loi et conformes à nos obligations en vertu du droit international et de nos engagements internationaux.
Déclaration ministérielle à l’occasion du soixantième anniversaire de la convention pour la prévention et la répression du crime de génocide
Nous, membres du Conseil ministériel de l’OSCE, marquons le soixantième anniversaire de la Convention pour la prévention et la répression du crime de génocide, qui a été adoptée par l’Assemblée générale des Nations Unies le 9 décembre 1948 (ci-après dénommée « la Convention »).
Nous sommes conscients du fait que, dans la Déclaration universelle des droits de l’homme, la recon- naissance de la dignité inhérente à tous les membres de la famille humaine et de leurs droits égaux et inaliénables constitue le fondement de la liberté, de la justice et de la paix dans le monde et nous réaffirmons également les engagements pertinents qui sont inscrits dans l’Acte final de Helsinki.
Nous réaffirmons la portée de la Convention en tant qu’important instrument international pour la prévention et la répression du crime de génocide.
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Nous appelons les États participants qui ne l’ont pas encore fait à envisager de devenir parties à la Convention dans les meilleurs délais et à être intégrés à ce cadre mondial de prévention et de répression du crime de génocide. Nous appelons en outre les États Parties à accroître et intensifier leurs activités visant à mettre intégralement en œuvre leurs obligations au titre de la Convention.
Nous notons que l’Organisation des Nations Unies, en adoptant la Convention, a reconnu que le crime de génocide était un fléau odieux qui avait infligé de grandes pertes à l’humanité et s’était déclarée convaincue qu’une coopération internationale était nécessaire en vue de prendre rapide- ment des mesures préventives contre le crime de génocide et d’en faciliter la répression.
Nous reconnaissons que le génocide est l’un des crimes les plus graves en vertu du droit interna- tional, qui est condamné par la communauté internationale dans son ensemble et ne peut jamais se justifier.
II. Décisions du Conseil ministériel
Décision No 5/08
Renforcement des réponses de la justice pénale à la traite des êtres humains dans le cadre d’une approche globale
Le Conseil ministériel,
Soulignant qu’il est vivement préoccupé par le fait que la traite des êtres humains reste répandue dans la région de l’OSCE,
Considérant que la traite des être humains est un crime grave et odieux qui porte atteinte à la dignité humaine et contrevient à l’exercice des droits de l’homme et des libertés fondamentales, alimen- tant de surcroît les réseaux criminels organisés,
Prenant note de la Convention du Conseil de l’Europe sur l’action contre la traite des êtres humains,
Réaffirmant tous les engagements de l’OSCE concernant la lutte contre la traite des êtres humains en accordant un attention particulière au Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, y compris son Addendum sur la prise en considération des besoins spéciaux des enfants victimes de la traite en matière de protection et d’assistance (le Plan d’action de l’OSCE), ainsi que la nécessité de les mettre en œuvre,
Réaffirmant le rôle important de la Représentante spéciale et Coordinatrice pour la lutte contre la traite des êtres humains (Représentante spéciale) s’agissant d’aider les États participants à mettre en œuvre les engagements de l’OSCE en matière de lutte contre la traite des êtres humains,
Se déclarant de nouveau préoccupé par le fait que malgré les mesures soutenues prises aux niveaux international, régional et national, le nombre des victimes de la traite des êtres humains qui ont été identifiées et aidées demeure restreint et que peu de trafiquants ont été traduits en justice,
Conscient que l’octroi d’une protection et d’une assistance adéquates aux victimes de la traite des êtres humains et l’amélioration de l’identification des victimes figurent parmi les conditions pré- alables à une réponse efficace de la justice pénale à la traite des êtres humains, y compris par l’en- gagement de poursuites contre les trafiquants et leurs complices.
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Réaffirmant que l’engagement à lutter contre ce crime s’applique aussi bien aux pays d’origine qu’aux pays de transit et de destination,
Réaffirmant notre soutien aux efforts déployés par les États participants en coopération avec des organisations internationales et régionales, des organisations non gouvernementales et d’autres organismes compétents pour envisager une approche globale, coordonnée et intégrée de la lutte contre la traite des êtres humains, qui prévoie notamment des mesures destinées à prévenir la traite des êtres humains, à protéger et aider les victimes, dans le plein respect de leurs droits humains, et à poursuivre les trafiquants, ainsi que de la lutte contre les activités des organisations criminelles transnationales et d’autres qui tirent profit de la traite des êtres humains,
Prenant note de la Conférence de l’OSCE intitulée : « Poursuites judiciaires fructueuses en matière de traite des êtres humains : défis et bonnes pratiques », qui a eu lieu à Helsinki, les 10 et 11 sep- tembre 2008,
Résolu à améliorer l’efficacité des réponses de la justice pénale à la traite des êtres humains,
1. Encourage les États participants qui ne l’ont pas encore fait à veiller à ce que toutes les formes de traite des êtres humains, telles que définies dans le Plan d’action de l’OSCE, soient incriminées dans leur législation nationale et à ce que les auteurs d’actes de traite d’êtres humains ne jouissent pas d’impunité ;
2. Encourage les États participants à faire en sorte qu’une formation à la lutte contre la traite des êtres humains figure au programme d’étude du personnel des services de répression et à ce qu’une formation spécialisée à la lutte contre la traite soit dispensée aux agents concernés des services nationaux de poursuite et de l’autorité judiciaire. Chaque État participant tiendra compte des poli- tiques et des conséquences en matière de traite des êtres humains lorsqu’il donnera des instruc- tions à son personnel militaire et civil appelé à être déployé à l’étranger ;
3. Engage vivement les États participants à veiller à ce que les services de répression et, s’il y a lieu, l’autorité judiciaire coopèrent entre eux et avec d’autres organismes, notamment les services sociaux, ainsi que, le cas échéant, avec les organisations compétentes de la société civile afin d’améliorer l’identification des victimes de la traite des êtres humains ;
4. Encourage les États participants, s’il y a lieu et lorsque leurs lois respectives le prévoient, à veiller à ce que les organisations de la société civile se consacrant à la protection des droits des victimes de la traite aient la possibilité de fournir également une assistance et un soutien aux victimes pen- dant les poursuites pénales et, dans ce contexte, à envisager d’instaurer une coopération entre les services de répression et les organisations de la société civile ;
5. Appelle les États participants à veiller, lorsque les autorités ont raisonnablement lieu
de penser qu’une personne est victime de la traite, à ce que cette personne ne soit pas expulsée avant que le processus d’identification ait été mené à bonne fin et qu’elle ait bénéficié d’une assis- tance appropriée, y compris, si le droit interne l’exige, d’une période appropriée de rétablissement et de réflexion durant laquelle l’expulsion ne sera pas exécutée ;
6. Encourage les États participants à veiller à ce que les victimes de la traite des êtres humains aient accès sans retard injustifié à un logement sûr, à un traitement psychologique et médical et à des conseils concernant leurs droits juridiques et les services à leur disposition ;
336 Helsinki 2008
7. Appelle les États participants qui ne l’ont pas encore fait à prévoir des mesures spécifiques de pro- tection et d’assistance en faveur des enfants victimes de la traite des êtres humains pendant toute la procédure pénale, conformément aux principes de l’intérêt supérieur de l’enfant, de la non-dis- crimination, de la participation et de la possibilité pour l’enfant d’être entendu ;
8. Engage vivement les États participants qui ne l’ont pas encore fait à veiller à ce que les enquêtes ou les poursuites en matière de traite des êtres humains ne soient pas subordonnées à un rapport ou une accusation d’une victime ;
9. Appelle les États participants à poursuivre leurs efforts pour faire en sorte que les victimes de la traite des êtres humains soient traitées d’une manière respectueuse de la pleine jouissance des droits humains sans menace d’intimidation ou de harcèlement, et à reconnaître que les vic- times ont besoin d’un délai suffisant pour se remettre de leur traumatisme ;
10. Encourage les États participants à prendre des mesures conformément aux conditions prévues dans leurs lois respectives pour que les victimes de la traite des êtres humains aient la possibilité d’obtenir une indemnisation juste et appropriée pour le préjudice qu’elles ont subi et de réclamer des dommages et intérêts lors de procédures pénales et/ou civiles selon les cas ;
11. Appelle les services nationaux de répression et de poursuite à accroître la coopération avec les organismes internationaux compétents, dont Interpol et Europol, et avec les services de répression d’autres États participants, par exemple, en recourant à des attachés de liaison ou à des équipes com- munes d’enquête, lorsque cela renforcerait l’efficacité et l’efficience des réponses de la justice pénale ;
12. Engage vivement les États participants à renforcer les mesures visant à démanteler les réseaux de traite, y compris au moyen d’enquêtes financières, d’enquêtes sur le blanchiment d’argent lié à la traite des êtres humains et au gel ou à la confiscation des avoirs des trafiquants ;
13. Charge la Représentante spéciale, dans la limite des ressources disponibles, de recommander dans le cadre de rapports réguliers au Conseil permanent, en coopération avec les États partici- pants, des moyens de renforcer encore les réponses de la justice pénale à la traite des êtres humains.
Décision No 6/08
Renforcement des efforts de l’osce dans l’application du plan d’action visant à améliorer la situation des roms et des sintis dans l’espace de l’OSCE
Le Conseil ministériel,
Réaffirmant les engagements pris par l’OSCE en ce qui concerne les Roms et les Sintis, en particu- lier ceux qui sont énoncés dans le Plan d’action de 2003 visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE,
Mesurant l’importance du cadre que le Plan d’action fournit pour la promotion et la protection par les États participants des droits de l’homme des Roms et des Sintis,
Demandant aux États participants d’intensifier leurs efforts pour faire en sorte que les Roms et les Sintis puissent participer pleinement à la société et de prendre des mesures pour éliminer la dis- crimination à leur égard,
337 Helsinki 2008
Rappelant que le racisme et la discrimination continuent de toucher les Roms et les Sintis dans tout l’espace de l’OSCE et que les États participants se sont engagés à renforcer leurs politiques et les mesures pratiques qu’ils prennent pour lutter contre ces phénomènes,
Rappelant l’importance de la culture et de la langue roms en tant qu’éléments constitutifs de l’hé- ritage culturel de nombreux pays et parties intégrantes de l’identité des Roms et des Sintis,
Prenant note du Rapport de situation 2008 du BIDDH (Rapport de situation) sur la mise en œuvre du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE en tant que moyen de concourir à la mise en œuvre effective des engagements de l’OSCE relatifs aux Roms et aux Sintis,
Réaffirmant la contribution qu’apporte le Point de contact du BIDDH pour les questions concer- nant les Roms et les Sintis au processus d’examen et d’évaluation périodiques de la mise en œuvre du Plan d’action,
Rappelant l’importance des institutions et structures compétentes de l’OSCE pour favoriser la mise en œuvre du Plan d’action et soulignant également l’importance d’une coordination et d’une coo- pération effectives au sein de l’OSCE,
Prenant note de la Réunion supplémentaire sur la dimension humaine consacrée les 10 et 11 juil- let 2008 au thème « Politiques viables pour l’intégration des Roms et des Sintis »,
Résolu à renforcer les efforts de l’OSCE dans l’application du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE,
1. Invite instamment les États participants à assurer un accès égal à l’éducation et à promouvoir l’éducation précoce des enfants roms et sintis, en tant qu’instrument pour prévenir l’exclusion et la marginalisation sociales et assurer une amélioration durable de la situation des Roms et des Sintis. Dans ce contexte, souligne que les politiques éducatives devraient s’efforcer d’intégrer les Roms et les Sintis dans l’enseignement ordinaire ;
2. Demande au BIDDH, dans les limites des ressources existantes, d’apporter son concours aux États participants à leur demande pour promouvoir l’accès des enfants roms et sintis à l’éduca- tion précoce. À cet égard, invite instamment les États participants à entreprendre s’il y a lieu des initiatives de sensibilisation, incluant également les communautés roms et sintis, aux avantages de l’éducation précoce ;
3. Invite les États participants, en coopération avec les Roms et les Sintis, à intensifier leurs efforts de sensibilisation des Roms et des Sintis à l’importance de la scolarisation et de la fréquentation scolaire continue ;
4. Encourage les États participants à prendre en considération les questions concernant les Roms et les Sintis lorsqu’ils examinent leur législation et leurs politiques s’appliquant aux Roms et aux Sintis, en particulier dans les domaines prioritaires du Plan d’action de 2003 visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE ;
5. Appelle les autorités nationales compétentes pour ce qui est de la situation des Roms et des Sintis, comme celles qui s’occupent des minorités, de l’accès aux services de santé, de l’éducation, du loge- ment et de la lutte contre la discrimination, ainsi que de la police et des médias, à intensifier leurs efforts visant à assurer l’application des engagements de l’OSCE dans la législation nationale sur
338 Helsinki 2008
l’égalité et la non-discrimination. Dans ce contexte, il conviendrait d’accorder une attention par- ticulière à la situation des femmes et des filles roms ;
6. Encourage les États participants qui ne l’ont pas encore fait à mettre en place des cadres insti- tutionnels faisant intervenir les organismes roms et gouvernementaux compétents, aux échelons appropriés, afin de faciliter la mise en œuvre de politiques et de programmes visant à améliorer la situation des Roms et des Sintis ;
7. Encourage les États participants à renforcer leurs efforts visant à faire activement participer les communautés roms et sintis à l’élaboration des politiques les concernant et à promouvoir une par- ticipation effective des Roms et des Sintis à la vie publique et politique ;
8. Appelle à la poursuite de la coordination et de la coopération, dans les limites des ressources existantes, au sein de l’OSCE et avec les acteurs internationaux compétents tels que le Conseil de l’Europe et l’Union européenne, selon qu’il conviendra ;
9. Appelle à un renforcement des efforts pour faire mieux connaître les engagements de l’OSCE concernant les Roms et les Sintis et, à cet égard, souligne l’utilité des informations communiquées par le Directeur du BIDDH dans le cadre des rapports qu’il présente régulièrement au Conseil per- manent sur l’état de mise en œuvre du Plan d’action, comme stipulé aux paragraphes 133 et 134 du chapitre X du Plan d’action proprement dit.
Décision No 7/08
Poursuite du renforcement de l’État de droit dans l’espace de l’OSCE
Le Conseil ministériel,
Réaffirmant l’attachement des États participants de l’OSCE à l’état de droit et aux principes régis- sant les relations mutuelles des États participants énoncés dans l’Acte final de Helsinki de 1975, ainsi qu’à l’exécution de bonne foi des obligations assumées conformément au droit international, et réitérant la détermination des États participants à encourager le strict respect de ces principes,
Rappelant les documents de l’OSCE adoptés à Vienne en 1989, à Copenhague en 1990, à Mos- cou en 1991, à Budapest en 1994 et à Istanbul en 1999, ainsi que la décision No 12/05 du Conseil ministériel de Ljubljana sur la protection des droits de l’homme et de la primauté du droit dans les systèmes de justice pénale,
Rappelant également la Déclaration universelle des droits de l’homme et prenant note du Pacte international relatif aux droits civils et politiques,
Rappelant en outre d’autres documents pertinents des Nations Unies qui affirment, entre autres, la nécessité d’une adhésion de tous à l’état de droit et d’une application universelle de ce principe aux niveaux national et international, ainsi que l’attachement à un ordre international fondé sur l’état de droit et sur le droit international,
Soulignant l’importance que nous attachons aux droits de l’homme, à l’état de droit et à la démo- cratie, qui sont étroitement liés et se renforcent mutuellement,
Soulignant également l’importance que l’état de droit revêt en tant que question transdimensionnelle pour ce qui est d’assurer le respect des droits de l’homme et la démocratie, la sécurité et la stabilité,
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la bonne gouvernance, les échanges économiques et commerciaux, la sécurité des investissements et un climat propice aux affaires, ainsi que le rôle qu’il joue dans la lutte contre la corruption, la cri- minalité organisée et tous les types de trafic illicite, y compris de drogues et d’armes, ainsi que la traite des êtres humains, servant ainsi de base au développement politique, économique, social et environnemental des États participants,
Soulignant en outre l’importance que revêt l’état de droit dans la mise en œuvre des décisions et documents de l’OSCE dans la sphère politico-militaire,
Prenant en compte les activités relatives à l’état de droit que les structures exécutives compétentes de l’OSCE, en particulier le Secrétariat, le BIDDH et les opérations de terrain, mènent pour aider les États participants à renforcer leurs capacités dans ce domaine, et prenant également en compte le rôle que joue l’Assemblée parlementaire de l’OSCE pour ce qui est de promouvoir le respect de l’état de droit dans l’espace de l’OSCE,
Prenant en compte les manifestations pertinentes de l’OSCE relatives à l’état de droit, en particu- lier le séminaire sur la dimension humaine que l’OSCE a consacré en 2008 à la justice constitu- tionnelle, et les réunions supplémentaires sur la dimension humaine pertinentes,
Prenant en compte les activités bilatérales que les États participants mettent en œuvre et envisagent en ce qui concerne l’état de droit,
Soulignant qu’il importe de doter l’OSCE d’une personnalité juridique, d’une capacité juridique et de privilèges et immunités et de renforcer ainsi le cadre juridique de l’OSCE,
1. Appelle les États participants de l’OSCE à honorer les obligations qu’ils ont contractées en vertu du droit international et à respecter les engagements qu’ils ont pris à l’égard de l’OSCE en ce qui concerne l’état de droit aux niveaux international et national, y compris dans tous les aspects de leur législation, de leur administration et de leur pratique judiciaire ;
2. Appelle les États participants à contribuer, lorsqu’il y a lieu, aux projets et programmes de l’OSCE qui appuient l’état de droit ;
3. Encourage les structures exécutives compétentes de l’OSCE à continuer, conformément à leur mandat, dans la limite des ressources existantes et en coopération avec les organisations interna- tionales compétentes, de rechercher et d’utiliser des synergies pour aider, à leur demande, les États participants à renforcer l’état de droit ;
4. Encourage les États participants à poursuivre et à intensifier, avec l’aide, au besoin, des struc- tures exécutives compétentes de l’OSCE, conformément à leur mandat et dans la limite des res- sources existantes, leurs efforts pour partager informations et meilleures pratiques et renforcer l’état de droit, notamment dans les domaines suivants : • Indépendance du pouvoir judiciaire, administration efficace de la justice, droit à un procès équi- table, accès aux tribunaux, responsabilité des institutions publiques et des fonctionnaires, res- pect de l’état de droit dans l’administration publique, droit à une assistance juridique et respect des droits fondamentaux des détenus ; • Exécution, en tant qu’élément clé du renforcement de l’état de droit dans l’espace de l’OSCE, des obligations contractées en vertu du droit international ; • Adhésion au principe du règlement pacifique des différends ;
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• Respect de l’état de droit et des droits de l’homme dans la lutte contre le terrorisme, conformé- ment aux obligations qu’ils ont contractées en vertu du droit international et des engagements qu’ils ont pris dans le cadre de l’OSCE ; • Prévention de la torture et d’autres traitements ou châtiments cruels, inhumains ou dégradants, y compris en coopération avec les organes intergouvernementaux concernés ; • Législation efficace et cadre administratif et judiciaire facilitant l’activité économique, le com- merce et l’investissement dans les États participants et entre eux ; • Respect de l’état de droit en ce qui concerne la protection de l’environnement dans l’espace de l’OSCE ; • Sensibilisation aux questions liées à l’état de droit dans les tribunaux, les organes chargés de faire respecter la loi, la police et le système pénitentiaire, ainsi que dans la formation des profession- nels du droit ; • Éducation à l’état de droit et possibilités d’interaction et d’échange pour les professionnels du droit, les universitaires et les étudiants en droit de différents États participants de la région de l’OSCE ; • Rôle que jouent les cours constitutionnelles ou institutions comparables des États participants pour ce qui est de veiller à ce que les principes de l’état de droit, de la démocratie et des droits de l’homme soient respectés dans toutes les institutions publiques ; • Offre, au besoin, de recours judiciaires efficaces et accès à ces recours ; • Respect des normes et pratiques de droit dans le système de justice pénale ; • Lutte contre la corruption ;
5. Charge les structures exécutives compétentes de l’OSCE d’organiser en 2009, en étroite consulta- tion et coopération avec les États participants et dans la limite des ressources existantes, un sémi- naire sur l’état de droit qui pourrait servir de plate-forme pour la mise en commun, entre les États participants, de pratiques optimales concernant l’état de droit.
Décision No 8/08
Contribution de l’OSCE à la phase de mise en œuvre de l’initiative de l’Alliance des civilisations
Le Conseil ministériel,
Conscient de la nécessité de promouvoir la compréhension mutuelle et les relations de coopération entre nations à travers les cultures et les civilisations,
Résolu à lutter contre la radicalisation et l’extrémisme violent qui conduisent au terrorisme,
Soulignant le rôle de l’OSCE en tant qu’arrangement régional au sens du Chapitre VIII de la Charte des Nations Unies,
Mettant l’accent sur l’intérêt que l’OSCE continue à porter à l’initiative de l’ »Alliance des civilisa- tions », qui a été créée sous les auspices de l’Organisation des Nations Unies, tel qu’exprimé dans les décisions prises par le Conseil ministériel à Ljubljana, Bruxelles et Madrid,
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Réaffirmant notre engagement à combattre l’intolérance et la discrimination et à promouvoir le res- pect et la compréhension mutuels,
Rappelant la contribution initiale de l’OSCE à l’initiative de l’Alliance des civilisations, qui a été présentée au Secrétaire général de l’ONU en 2006,
Prenant en considération le Plan de mise en œuvre préparé par le Haut Représentant des Nations Unies pour l’initiative de l’Alliance des civilisations,
Décide, dans la limite des ressources existantes :
1. D’autoriser le Secrétaire général de l’OSCE à suivre l’évolution de l’Alliance des civilisations et à envisager une coopération dans le cadre de projets de l’Alliance des civilisations dans des domaines d’intérêt commun et d’utilité mutuelle qui font progresser la mise en œuvre des enga- gements de l’OSCE, et le charge de faire rapport aux États participants ;
2. De recommander que le Secrétaire général de l’OSCE, en consultation avec le Président en exer- cice, assiste à la deuxième Réunion du Forum de l’Alliance des civilisations, qui doit avoir lieu à Istanbul les 2 et 3 avril 2009, et fasse rapport aux États participants sur ses résultats.
Décision No 10/08
Poursuite de la promotion de l’action menée par l’osce contre le terrorisme
Le Conseil ministériel,
Soulignant de nouveau la détermination des États participants de l’OSCE à combattre le terrorisme sous toutes ses formes et manifestations, comme un crime qui n’a aucune justification, quelle que soit sa motivation ou son origine, et à mener ce combat dans le respect de l’état de droit et confor- mément aux obligations qu’ils ont contractées en vertu du droit international, en particulier de celui relatif aux droits de l’homme, aux réfugiés et à l’action humanitaire,
Réaffirmant les engagements de l’OSCE en matière de lutte contre le terrorisme et l’intention de maintenir les activités dans ce domaine parmi les priorités de l’OSCE,
Réaffirmant l’appui que les États participants de l’OSCE apportent à la Stratégie antiterroriste mon- diale de l’Organisation des Nations Unies,
Accueillant avec satisfaction la Déclaration des dirigeants du G8 sur la lutte contre le terrorisme, adoptée le 9 juillet 2008 au Sommet de Toyako (Hokkaïdo),
Rappelant la nécessité de combattre les facteurs qui peuvent encourager et entretenir le terrorisme, notamment en respectant pleinement la démocratie et l’état de droit, en permettant à tous les citoyens de participer pleinement à la vie politique, en empêchant la discrimination et en encou- rageant le dialogue interculturel et interreligieux au sein de la société, en associant la société civile à la recherche d’un règlement politique commun des conflits, en promouvant les droits de l’homme et la tolérance et en combattant la pauvreté,
Rappelant, entre autres, la Déclaration ministérielle de Sofia : prévenir et combattre le terrorisme (2004), la Déclaration ministérielle de Bruxelles sur le soutien et la promotion du cadre juridique
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international contre le terrorisme (MC.DOC/5/06) et la Déclaration ministérielle de Madrid sur l’appui à la Stratégie antiterroriste mondiale de l’Organisation des Nations Unies (MC.DOC/3/07),
Rappelant la décision No 5/07 du Conseil ministériel de Madrid sur les partenariats public-privé dans la lutte contre le terrorisme et la décision No 6/07 du Conseil ministériel de Madrid sur la pro- tection des infrastructures énergétiques vitales contre les attaques terroristes,
Prenant note de la Conférence de suivi de l’OSCE sur les partenariats public-privé dans la lutte contre le terrorisme : partenariat entre les pouvoirs publics, la société civile et le monde des affaires dans la lutte contre le terrorisme, organisée à Vienne les 15 et 16 septembre 2008, qui a contribué à identifier des domaines dans lesquels la coopération en matière de partenariats public-privé aux fins de la lutte contre le terrorisme pourrait être poursuivie,
Prenant note de l’Atelier sur la prévention de l’extrémisme violent et de la radicalisation menant au terrorisme, tenu le 24 octobre 2008 à Vienne, qui a identifié un besoin de mieux comprendre le phénomène et d’y apporter des réponses multidimensionnelles,
Prenant note de l’Atelier sur le renforcement de la coopération juridique dans le cadre des affaires pénales relatives au terrorisme, tenu les 1er et 2 avril 2008 à Ankara (Turquie), qui a souligné la nécessité de renforcer la coopération à cet égard,
Prenant note également de la Conférence sous-régionale de l’OSCE sur les partenariats public- privé en Asie centrale, tenue les 4 et 5 novembre 2008 à Bichkek (République kirghize), qui a mon- tré l’importance du développement des partenariats public-privé dans la lutte contre le terrorisme aux niveaux régional et sous-régional,
Prenant note de l’examen qu’a réalisé le système des Nations Unies de la mise en œuvre de sa Straté- gie antiterroriste mondiale, qui guide les activités que l’OSCE met en œuvre pour combattre le terro- risme, et de sa contribution à la dynamisation de la lutte menée dans le monde contre le terrorisme,
1. Appelle les États participants et les structures exécutives de l’OSCE à poursuivre les efforts qu’ils déploient pour contribuer activement à la mise en œuvre de la Stratégie antiterroriste mondiale et d’autres documents de l’ONU relatifs à la lutte contre le terrorisme ;
2. Appelle les États participants à continuer de promouvoir les partenariats public-privé auprès de la société civile, des médias, du monde des affaires et de l’industrie pour combattre le terro- risme, y compris par la diffusion d’enseignements tirés et l’échange d’informations correspon- dantes et de pratiques nationales optimales tant au niveau de l’OSCE qu’aux niveaux national, sous-régional et régional, lorsqu’il y a lieu ;
3. Charge le Secrétaire général et les structures exécutives compétentes de l’OSCE d’appuyer l’or- ganisation, en 2009, dans le cadre des ressources disponibles, de séminaires, d’ateliers et de simu- lations au niveau des experts qui encourageraient les initiatives pour la conclusion de partenariats public-privé dans des domaines tels que la coopération avec la société civile et les médias dans la lutte contre le terrorisme, la promotion du dialogue interculturel et interreligieux dans la lutte contre le terrorisme, la protection des infrastructures énergétiques vitales non nucléaires contre les attaques terroristes, et la lutte contre le financement du terrorisme et le blanchiment d’argent, notamment en ce qui concerne la mise en œuvre des recommandations spéciales du Groupe d’ac- tion financière (GAFI) relatives au financement du terrorisme ;
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4. Appelle les États participants de l’OSCE à utiliser les structures exécutives de l’OSCE pour com- battre l’extrémisme violent et la radicalisation menant au terrorisme sur leur territoire. À cette fin, les États participants sont invités à continuer d’échanger des idées et des pratiques nationales optimales en ce qui concerne les stratégies et les mesures qu’ils ont adoptées pour combattre l’ex- trémisme violent et la radicalisation menant au terrorisme ainsi que pour intensifier leur coopé- ration avec les médias, le monde des affaires, l’industrie et la société civile ;
5. Charge le Secrétaire général d’élaborer, en consultation avec les structures exécutives compé- tentes de l’OSCE et dans la limite des ressources existantes, un rapport sur leurs activités de lutte contre le terrorisme. Ce rapport devrait prendre en compte les mandats existants et les engage- ments que l’OSCE a pris en matière de lutte contre le terrorisme, évaluer les activités que l’Orga- nisation met en œuvre dans ce domaine compte tenu de ses capacités et de ses ressources, et être présenté aux États participants au plus tard le 1er avril 2009 en vue d’un examen approfondi par les organes compétents. Ensuite, comme le prévoit le document MC(10).DEC/3, les États partici- pants examineront la mise en œuvre des engagements de l’OSCE en matière de lutte contre le ter- rorisme à la Conférence annuelle d’examen des questions de sécurité de 2009 ;
6. Encourage les partenaires pour la coopération à appliquer volontairement les dispositions de la présente décision et les invite à participer aux activités à mener dans ce cadre.
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I. Déclarations du Conseil ministériel
Déclaration ministérielle sur le Processus de Corfou de l’OSCE : Confirmer- reexaminer-redynamiser la sécurité et la coopération de Vancouver à Vladivostok
1. Nous, Ministres des affaires étrangères des 56 États participants de l’Organisation pour la sécu- rité et la coopération en Europe, sommes réunis pour la seconde fois cette année, après notre réu- nion informelle de Corfou, pour célébrer les importants progrès que nous avons réalisés ensemble depuis la réunification de l’Europe et l’élimination de ses anciennes divisions. Nous reconfirmons que la vision d’un espace de l’OSCE, libre, démocratique et plus intégré, de Vancouver à Vladivos- tok, exempt de lignes de division et de zones ayant des niveaux de sécurité différents demeure un objectif commun, que nous sommes résolus à atteindre.
2. Il reste beaucoup à faire pour atteindre cet objectif. Nous restons vivement préoccupés par le fait que les principes de l’Acte final de Helsinki et les engagements de l’OSCE ne sont pas intégrale- ment respectés et mis en œuvre ; que le recours à la force n’a pas cessé d’être considéré comme une option pour le règlement des différends ; que le danger de conflits entre États n’a pas été éliminé et que des conflits armés se sont produits même au cours des dernières décennies ; que des tensions persistent et que de nombreux conflits restent non résolus ; que des impasses dans la maîtrise des armements conventionnels, le règlement des désaccords dans ce domaine, la reprise d’une appli- cation intégrale du régime du Traité FCE et le rétablissement de sa viabilité requièrent d’urgence une action concertée de ses États Parties ; et que nos réalisations communes dans les domaines de l’état de droit, des droits de l’homme et des libertés fondamentales doivent être pleinement sau- vegardées et encore renforcées. Cela se produit à un moment où de nouvelles menaces transnatio- nales émergentes exigent, plus que jamais, des réponses communes.
3. Nous reconnaissons que ces défis pour la sécurité, encore accentués par la crise financière et éco- nomique internationale actuelle, devraient être relevés en faisant preuve d’une détermination renouvelée à obtenir des résultats grâce à un dialogue et à une coopération multilatéraux. À ce stade, notre priorité la plus haute demeure de rétablir la confiance entre nous, ainsi que de retrou- ver le sentiment de finalité commune qui a réuni nos prédécesseurs à Helsinki il y a près de 35 ans. Dans ce contexte, nous nous félicitons du dialogue sur les défis actuels et futurs pour la sécurité dans l’espace euro-atlantique et eurasien, qui a été amorcé en 2008 à la Réunion du Conseil minis- tériel de Helsinki et lancé par la Présidence grecque en juin 2009 en tant que « Processus de Cor- fou », en vue d’atteindre les objectifs susmentionnés. Nous considérons la toute première Réunion ministérielle informelle de l’OSCE, tenue à Corfou, marquée par une large participation, comme un jalon essentiel dans ce processus, à l’occasion duquel nous avons exprimé notre volonté poli- tique de faire face aux défis pour la sécurité dans les trois dimensions de l’OSCE.
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4. Le Processus de Corfou a déjà amélioré la qualité du dialogue politique que nous menons à l’OSCE sur la sécurité et la coopération de Vancouver à Vladivostok et a contribué à sa revitalisation. Nous sommes résolus à poursuivre et à développer davantage ce processus, en fixant des objectifs ambi- tieux, concrets et pragmatiques, tout en nous concentrant également sur les questions essentielles recensées jusqu’à présent dans le cadre de nos travaux. L’OSCE, du fait de sa large composition et de son approche multidimensionnelle de la sécurité commune, globale, coopérative et indivi- sible, est l’enceinte appropriée pour ce dialogue. Nous nous félicitons des précieuses contributions apportées par toutes les organisations et institutions pertinentes s’occupant de sécurité, sur la base de la Plate-forme pour la sécurité coopérative.
5. Le dialogue dans le cadre du Processus de Corfou trouvera son point d’ancrage dans l’OSCE et dans les principes d’égalité, de partenariat, de coopération, d’inclusion et de transparence. Il visera à résoudre les désaccords ouvertement, honnêtement et de façon impartiale, en tenant compte de nos diversités et de nos préoccupations, dans un esprit de respect et de compréhension mutuels. Il s’appuiera sur trois principes directeurs de base :
(a) Adhésion au concept de sécurité globale, coopérative et indivisible, tel qu’il est énoncé dans les documents fondamentaux de l’OSCE ;
(b) Respect, intégral et de bonne foi, et de façon systématique par tous, des normes, principes et engagements de l’OSCE dans ses trois dimensions ;
(c) Détermination à renforcer le partenariat et la coopération dans l’espace de l’OSCE, ainsi qu’à accroître l’efficacité de l’Organisation et sa contribution à la sécurité dans notre espace commun.
6. Nos représentants permanents auprès de l’OSCE à Vienne feront avancer le Processus de Cor- fou conformément à la décision que nous adoptons aujourd’hui. Nous demeurons résolus à don- ner un solide élan politique au Processus de Corfou, et comptons réévaluer les progrès réalisés en 2010, dans le format et au niveau que nous jugerons appropriés, en prenant en considération les résultats que nous aurons obtenus. (…)
Déclaration ministérielle sur le soixante-cinquième anniversaire de la fin de la Seconde Guerre mondiale
L’année 2010 marque le soixantième-cinquième anniversaire de la fin des batailles de la Seconde Guerre mondiale, qui a occasionné des souffrances et des destructions sans précédent. C’est une des pires tragédies qui aient jamais frappé les populations de l’Europe et du monde. Cette guerre, qui a duré six années et demie, a coûté la vie à des dizaines de millions de personnes. La guerre a occasionné des violations des droits de l’homme et des libertés ainsi que des crimes contre la paix, des crimes de guerre et des crimes contre l’humanité.
Nous pleurons la disparition de tous ceux qui ont perdu la vie à cause de la guerre, de l’Holocauste, des occupations et des actes de répression. Nous rendons hommage aux anciens combattants et à tous ceux qui se sont battus pour que l’humanité triomphe du fascisme, de la dictature, de l’op- pression et de l’agression. Le sens de leur sacrifice ne diminuera pas avec le temps et nous n’ou- blierons jamais leurs exploits héroïques.
Déterminés à prévenir la répétition d’une telle catastrophe européenne et internationale, nos pays se sont engagés, clairement et sans équivoque, en faveur de la paix, de la sécurité et de la démocratie,
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notamment en fondant l’Organisation des Nations Unies et en créant des organisations régio- nales. Aujourd’hui, nous sommes fiers de nos réussites communes et nous nous félicitions des progrès réalisés au cours des soixante-cinq dernières années dans l’élimination des séquelles tra- giques de la Seconde Guerre mondiale sur la voie de l’instauration de la paix et de la sécurité dans le monde, de la réconciliation, de la coopération internationale et régionale, ainsi que de la promotion des valeurs démocratiques, des droits de l’homme et des libertés fondamentales. Nous soulignons l’importance du rôle que la CSCE et l’OSCE ont joué à cet égard au cours des dernières décennies.
Rappelant l’Acte final de Helsinki, la Charte de Paris pour une nouvelle Europe, la Charte de sécu- rité européenne, ainsi que d’autres documents adoptés par l’OSCE, nous ne devrions tolérer aucune ligne de division et nous n’épargnerons aucun effort pour éviter qu’il n’en apparaisse de nouvelles dans l’espace de l’OSCE et pour éliminer les sources d’hostilité, de tension et d’affrontement. Nous réitérons notre position qu’au sein de l’OSCE, aucun État ni groupe d’États ne peut considérer une partie quelconque de l’espace de l’OSCE comme relevant de sa sphère d’influence. Nous sommes résolus à poursuivre nos efforts collectifs afin de créer un espace de sécurité commun et indivi- sible dans l’espace de l’OSCE, fondé sur la démocratie, l’état de droit, la prospérité économique, la justice sociale et le respect des droits de l’homme et des libertés fondamentales, y compris des droits des personnes appartenant à des minorités nationales. Cela
reste notre objectif commun.
Une étude honnête et approfondie de l’histoire de la Seconde Guerre mondiale contribue à la récon- ciliation.
L’histoire nous a appris les dangers inhérents à l’intolérance, à la discrimination, à l’extrémisme et à la haine fondés sur des motifs ethniques, raciaux et religieux. Nous sommes résolus à combattre ces menaces, notamment par le biais de l’OSCE et nous rejetons toute tentative visant à les justifier.
Nous condamnons avec vigueur tout déni de l’Holocauste. Nous condamnons toutes les formes de nettoyage ethnique. Nous confirmons notre adhésion à la Convention des Nations Unies pour la prévention et la répression du crime de génocide, adoptée le 9 décembre 1948. Nous appelons les États participants à prendre toutes les mesures possibles pour veiller à prévenir toute tentative de génocide aujourd’hui et à l’avenir. Les auteurs de tels crimes devraient être traduits en justice.
Les leçons de la Seconde Guerre mondiale gardent aujourd’hui toute leur pertinence, et nous devons unir nos efforts et nos ressources pour faire face aux menaces et aux défis concernant notre sécu- rité et notre stabilité communes ainsi que pour défendre nos principes communs. Des temps nou- veaux ont apporté de nouveaux risques et défis, dont l’un des plus dangereux est le terrorisme. Nous lutterons ensemble, notamment par l’intermédiaire de l’OSCE, contre lui et contre les autres menaces qui pèsent sur la sécurité.
Nous sommes convaincus que le règlement pacifique de tous les conflits existants, le respect des normes du droit international, des buts et principes énoncés dans la Charte des Nations Unies, la réalisation des engagements contenus dans l’Acte final de Helsinki et dans d’autres docu- ments agréés de l’OSCE sont le meilleur moyen de rendre hommage à tous ceux qui se sont battus pour la paix, la liberté, la démocratie et la dignité humaine, de commémorer toutes les victimes de la Seconde Guerre mondiale, de triompher du passé, et de préserver les générations présentes et futures du fléau de la guerre et de la violence.
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Déclaration ministérielle à l’occasion du vingt-cinquième anniversaire de l’adoption de la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants
1. Nous, membres du Conseil ministériel de l’OSCE, réaffirmons notre ferme attachement à la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants adoptée par l’Assemblée générale des Nations Unies le 10 décembre 1984 et à laquelle tous les États participants de l’OSCE sont devenus parties.
2. À l’occasion du vingt-cinquième anniversaire de l’adoption de cette Convention, nous réaffir- mons que, comme le stipule aussi la Déclaration universelle des droits de l’homme, nul ne doit être soumis à la torture ou à des peines ou traitements cruels, inhumains ou dégradants.
3. Nous reconnaissons que la torture est un crime extrêmement grave et affirmons que la protec- tion contre la torture et les autres formes de peines ou traitements cruels, inhumains ou dégra- dants est un droit qui protège la dignité et l’intégrité inhérentes à la personne humaine et auquel il ne peut être dérogé.
4. Nous condamnons fermement toutes les formes de torture et autres peines ou traitements cruels, inhumains ou dégradants qui sont et resteront interdits en tous temps et en tous lieux et ne sau- raient jamais être justifiés.
5. Nous sommes gravement préoccupés par le fait que la torture et d’autres peines ou traitements cruels, inhumains ou dégradants se produisent encore dans de nombreuses parties du monde, y compris dans des États participants de l’OSCE.
6. Nous nous engageons donc à faire respecter l’interdiction absolue de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants telle qu’énoncée dans la Convention, à appliquer les dispositions de celle-ci intégralement et de bonne foi et à agir en pleine conformité avec ses principes.
7. Nous invitons les États participants qui ne l’ont pas encore fait à envisager sans tarder de deve- nir parties au Protocole facultatif à la Convention.
8. Nous réaffirmons également notre détermination à mettre en œuvre intégralement nos engage- ments communs pris au sein de l’OSCE concernant l’élimination de la torture et des autres peines ou traitements cruels, inhumains ou dégradants.
9. Nous intensifierons nos efforts afin de prendre des mesures persistantes, déterminées et effi- caces pour prévenir et combattre la torture et les autres peines ou traitements cruels, inhumains ou dégradants et assurer la réadaptation complète des victimes de la torture.
10. Nous reconnaissons la précieuse contribution de l’OSCE à la promotion des principes et des dispositions figurant dans la Convention.
11. Nous considérons qu’il est important de coopérer pleinement à cette fin avec les organismes intergouvernementaux internationaux compétents.
12. Nous nous félicitons des efforts constants entrepris par la société civile pour prévenir la tor- ture et autres peines ou traitements cruels, inhumains ou dégradants et pour alléger les souf- frances des victimes.
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II. Décisions du Conseil ministériel
Décision No 1/09
Avancement du processus de Corfou
Le Conseil ministériel,
Saluant l’initiative de la Présidence grecque d’avoir lancé un dialogue large et ouvert, basé à Vienne, sur les questions essentielles de la sécurité européenne élargie, engagé sur la base des résultats de notre réunion ministérielle informelle de Corfou,
Encouragé par l’esprit positif de ce dialogue et prenant en considération les nombreuses proposi- tions présentées par les délégations durant ce dialogue,
Conscient de la nécessité de poursuivre le Processus de Corfou et d’approfondir le dialogue pour promouvoir la compréhension et accroître la confiance, ainsi que de faire avancer les propositions visant à rendre l’OSCE mieux à même de faire face aux menaces pour la sécurité et à produire des résultats concrets, dans l’optique d’assurer une approche globale et équilibrée de la sécurité,
Décide, à cet effet :
1. De charger la Présidence de l’OSCE en 2010, en étroite consultation avec les présidences suc- cessives du Forum pour la coopération en matière de sécurité, de poursuivre le dialogue informel, régulier et ouvert, dans le cadre du Processus de Corfou, au moyen de réunions informelles régu- lières au niveau des représentants permanents, avec l’appui des capitales, selon qu’il conviendra, afin d’élargir les domaines d’accord et de contribuer à la formation d’un consensus.
Prenant en considération l’évaluation initiale des principales menaces et des principaux défis pour notre sécurité et notre coopération, qui ont été recensés jusqu’à présent dans le cadre du Proces- sus de Corfou, le futur dialogue portera sur les questions ayant trait : • à la mise en œuvre de l’ensemble des normes, principes et engagements de l’OSCE ; • au rôle de l’OSCE en matière d’alerte précoce, de prévention et de règlement des conflits, de ges- tion des crises et de relèvement après un conflit ; • au rôle des régimes de maîtrise des armements et de renforcement de la confiance et de la sécu- rité dans la consolidation de la confiance dans un environnement de sécurité changeant ; • aux menaces et aux défis transnationaux et multidimensionnels ; • aux défis économiques et environnementaux ; • aux droits de l’homme et aux libertés fondamentales, ainsi qu’à la démocratie et à l’état de droit ; • au renforcement de l’efficacité de l’OSCE ; • à l’interaction avec d’autres organisations et institutions, sur la base de la Plate-forme pour la sécurité coopérative de 1999.
Dans le cadre du Processus de Corfou, les États participants peuvent soulever toute question qu’ils jugent pertinente.
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2. Sur la base des résultats des réunions informelles des représentants permanents, la Présidence de l’OSCE, en étroite consultation avec la Présidence du Forum, présentera, d’ici à fin juin 2010, lors d’une séance commune élargie du Conseil permanent et du Forum pour la coopération en matière de sécurité, un rapport intérimaire comportant un résumé des propositions soumises par les États participants dans le cadre du Processus de Corfou aux fins d’un examen plus poussé et d’éven- tuelles décisions.
3. Que le Conseil permanent et le Forum, dans les limites de leurs mandats et, s’il y a lieu, conjoin- tement, examineront le rapport intérimaire et étudieront les suites à donner aux propositions qui y sont présentées, selon qu’il conviendra.
4. Les structures exécutives de l’OSCE fourniront sur demande, dans les limites de leurs mandats, une assistance et des avis d’experts, selon qu’il conviendra. L’Assemblée parlementaire de l’OSCE pourra également contribuer au Processus de Corfou.
La Présidence, à l’issue d’étroites consultations avec les États participants, invitera les parte- naires de l’OSCE pour la coopération, des organisations et institutions internationales, régionales et sous-régionales, ainsi que des représentants du monde universitaire et des ONG à contribuer aux débats, au cas par cas.
5. L’engagement du Conseil permanent et du Forum pour la coopération en matière de sécurité dans le Processus de Corfou n’affectera ni leurs mandats, ni leurs ordres du jour et activités ordinaires.
Décision No 2/09
Poursuite des efforts supplémentaires par l’OSCE pour faire face aux menaces et aux défis transnationaux pour la sécurité et la stabilité
Le Conseil ministériel,
Reconnaissant que l’évolution de l’environnement de sécurité au XXIe siècle, jointe au proces- sus de mondialisation, suscite, pour la sécurité et la stabilité, des menaces et des défis nouveaux à caractère transnational et multidimensionnel, qui appellent des réponses globales, multidimen- sionnelles et collectives,
Réaffirmant que le strict respect du droit international et de la Charte des Nations Unies restent au centre des efforts de prévention et de lutte contre les menaces pour la stabilité et la sécurité et que le Conseil de sécurité des Nations Unies est responsable au premier chef du maintien de la paix et de la sécurité internationales et continue à jouer un rôle crucial en contribuant à la sécurité et à la stabilité dans le monde,
Convaincu que l’OSCE peut apporter une contribution réelle à l’élaboration de réponses coopéra- tives à ces défis, en tirant parti de sa large composition, de ses compétences thématiques et de son concept phare de sécurité commune, globale, coopérative et indivisible, louant le rôle actif joué par l’OSCE dans l’ensemble de sa région en matière de menaces transnationales par l’intermé- diaire de son Secrétariat, de ses institutions et de ses opérations de terrain en tant qu’instruments importants pour aider tous les États participants à s’acquitter de leurs engagements dans les trois dimensions, et réaffirmant qu’il importe de renforcer la coopération avec l’Assemblée parlemen- taire sur toutes les questions pertinentes,
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Réaffirmant que le respect des droits de l’homme et des libertés fondamentales, de la démocratie et de l’état de droit sont au cœur du concept global de sécurité de l’OSCE, et reconnaissant que des institutions démocratiques fortes et l’état de droit jouent un rôle important dans la préven- tion des menaces transnationales,
Considérant que les conflits inter- et intraétatiques dans l’ensemble de l’espace de l’OSCE peuvent être une source d’instabilité et d’autres types de risques et de menaces, comme le terrorisme, la prolifération des armes de destruction massive, l’accumulation excessive et déstabilisatrice et la dissémination incontrôlée d’ALPC, les violations des droits de l’homme, l’expulsion massive, la détérioration de la situation socio-économique et la migration illégale,
Reconnaissant que le non-respect du droit international et des normes et principes de l’OSCE de même que divers facteurs liés aux dimensions politico-militaire, économique et environnemen- tale et humaine sous-tendent les causes immédiates de conflits violents,
Saluant la contribution de l’OSCE aux activités mondiales de lutte contre le terrorisme, en particu- lier à l’appui des efforts de l’ONU et à travers une coopération étroite avec d’autres organisations internationales et régionales, ainsi que les programmes novateurs qu’elle mène dans des domaines comme la lutte contre l’utilisation de l’Internet à des fins terroristes ; la promotion des partena- riats public-privé pour lutter contre le terrorisme ; le renforcement de la sécurité des documents de voyage et de la coopération juridique en matière pénale liée au terrorisme ; la lutte contre l’ex- trémisme violent et la radicalisation qui conduisent au terrorisme ; et la protection des infrastruc- tures énergétiques vitales contre les attaques terroristes,
Prenant note de la contribution de l’OSCE aux efforts déployés au niveau international pour lut- ter contre la criminalité organisée, y compris le trafic illicite de stupéfiants, le trafic de migrants, la migration illégale et la traite des êtres humains, ainsi que d’autres menaces transnationales en apportant un savoir-faire et une assistance appropriés aux États participants en matière d’ap- plication des lois,
Rappelant notre engagement de renforcer le rôle de l’OSCE dans les activités relatives à la police civile dans le cadre des efforts déployés par l’Organisation dans les domaines de la prévention des conflits, de la gestion des crises et du relèvement après un conflit ; et prenant note des activités menées par l’OSCE en matière de police, notamment pour renforcer les capacités et dispenser une formation à la police démocratique et aux principales compétences policières,
Prenant note des progrès accomplis dans les activités de l’OSCE relatives à la sécurité et à la ges- tion des frontières sur la base du Concept de l’OSCE de 2005 relatif à la sécurité et à la gestion des frontières, et réaffirmant qu’il importe de renforcer la capacité de l’OSCE de promouvoir des frontières ouvertes et sécurisées ainsi que de renforcer la coopération interétatique mutuellement bénéfique, s’il y a lieu, en tant que moyen de faire face aux menaces du terrorisme, de la crimina- lité organisée, de la migration illégale et du trafic illicite d’armes, de drogues et d’êtres humains,
Louant les progrès réalisés dans la mise en œuvre de la Décision MC.DEC/4/07 sur l’engagement de l’OSCE en Afghanistan et appelant à intensifier la mise en œuvre de cette décision,
Considérant que les menaces pour la sécurité et la stabilité dans la région de l’OSCE ont plus de chances de se faire jour en tant que conséquences déstabilisantes de développements qui touchent aux dimensions politico-militaire, économique et environnementale et humaine,
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Gardant à l’esprit que les menaces transnationales pour les États participants peuvent aussi prove- nir de zones adjacentes à la région de l’OSCE et exigent de ce fait des réponses coordonnées étroi- tement avec les partenaires de l’OSCE pour la coopération et les organisations internationales et régionales compétentes,
Réaffirmant que la Stratégie de l’OSCE de 2003 visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle, qui fournit une base multidimensionnelle, globale et coopérative pour les activités de l’OSCE à cet égard, reste pertinente,
Louant les travaux menés actuellement par le Conseil permanent et le Forum pour la coopération en matière de sécurité en vue de faire face aux menaces transnationales, dans les limites de leurs mandats respectifs,
Sachant que les États participants sont disposés à promouvoir une approche globale de l’OSCE pour renforcer la cybersécurité, comme en témoignent les résultats de l’atelier de l’OSCE de mars 2009 sur cette question,
Appréciant les efforts faits par le Secrétariat pour aider les États participants à faire face aux menaces et aux défis transnationaux dans la dimension économique et environnementale, notamment sur des questions comme la migration illégale, la bonne gouvernance, les transports, la sécurité éner- gétique et les incidences des défis environnementaux sur la sécurité,
Réaffirmant que les pratiques liées à la discrimination et à l’intolérance, qui peuvent tirer leur ori- gine de problèmes comme les tensions ethniques et religieuses, le nationalisme agressif, le chauvi- nisme et la xénophobie, et peuvent aussi résulter du racisme, de l’antisémitisme et de l’extrémisme violent, ainsi que du manque de respect pour les droits des personnes appartenant à des minori- tés nationales, non seulement menacent la sécurité des individus mais peuvent aussi susciter un conflit et la violence à plus grande échelle,
Conscient que le problème des réfugiés et des personnes déplacées dans l’ensemble de l’espace de l’OSCE, notamment à la suite de conflits, de violations des droits de l’homme et de catastrophes naturelles ou d’origine humaine, appelle une coopération renforcée de tous les États participants et une action concertée,
Reconnaissant l’importance des vastes efforts déployés par l’OSCE pour éliminer la traite des êtres humains et rendant dûment hommage aux activités de la Représentante spéciale et Coordonnatrice de l’OSCE pour la lutte contre la traite des êtres humains, ainsi qu’aux autres structures exécutives compétentes de l’OSCE, pour leur dévouement dans la fourniture d’une assistance aux États par- ticipants dans la lutte contre la traite des êtres humains,
Conscient que de nombreuses menaces d’ordre politico-militaire, notamment les menaces comme les accumulations déstabilisatrices d’armements conventionnels, les transferts illicites d’armes et la prolifération des armes de destruction massive, continuent de préoccuper vivement les États participants de l’OSCE,
Conscient que les efforts nécessaires pour lutter contre la prolifération d’armes de destruction mas- sive et de leurs vecteurs ne se limitent pas aux moyens militaires et se félicitant de l’adoption d’un guide des meilleures pratiques sur la résolution 1540 du Conseil de sécurité des Nations Unies par le Forum pour la coopération en matière de sécurité le 30 septembre 2009,
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Pleinement conscient que les menaces et les défis transnationaux, y compris la coopération interé- tatique et interorganisations, demeurent un sujet de délibération important dans le cadre du Pro- cessus de Corfou,
Décide d’intensifier les efforts individuels et collectifs pour faire face aux menaces transnationales à la sécurité d’une manière globale et transdimensionnelle, conformément à la Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle, en tirant pleinement parti des compétences et des avantages comparatifs de l’OSCE ;
Décide d’étudier de nouveaux moyens de renforcer les synergies dans les activités de l’OSCE visant à faire face à ces menaces, notamment en améliorant la coordination interne et la coopération avec les partenaires de l’OSCE pour la coopération et en se concentrant sur les domaines où l’OSCE peut apporter une valeur ajoutée aux activités de l’ONU et compléter celles d’autres organisations internationales, notamment sur la base de la Plate-forme pour la sécurité coopérative de 1999 ;
Charge toutes les structures exécutives de l’OSCE d’intensifier leurs efforts, dans les limites de leurs mandats actuels et des ressources dont elles disposent, en vue de consolider encore les réponses transinstitutionnelles de l’OSCE aux menaces multidimensionnelles pour la sécurité, en particu- lier dans les domaines qui relèvent des mandats de plusieurs structures exécutives ;
Prie le Secrétaire général d’étudier les moyens de renforcer encore la coordination programmatique entre les structures exécutives de l’OSCE, comme le prévoit la Décision MC.DEC/18/06, en mettant l’accent en particulier sur les activités multidimensionnelles menées par l’OSCE pour faire face aux menaces transnationales en matière de sécurité, en s’appuyant sur les mandats actuels du Secréta- riat et dans la limite des ressources disponibles, et de donner un premier aperçu des progrès réa- lisés d’ici au 1er avril et de faire des propositions au Conseil permanent sur la planification à cet égard le 1er juin 2010 au plus tard.
Décision No 3/09
Mesures additionnelles pour soutenir et promouvoir le cadre juridique international contre le terrorisme
Le Conseil ministériel,
Résolu à renforcer les activités menées par l’OSCE pour lutter contre le terrorisme conformément au droit et aux normes internationaux dans la ligne des engagements existants de l’Organisation,
Réaffirmant que les États participants devraient mener leurs activités de lutte contre le terrorisme dans le plein respect de l’état de droit et en conformité avec leurs obligations découlant des résolu- tions du Conseil de sécurité des Nations Unies et des conventions et protocoles universels relatifs à la prévention et à la répression du terrorisme, de la Stratégie antiterroriste mondiale de l’Orga- nisation des Nations Unies ainsi que des dispositions pertinentes du droit international des droits de l’homme, du droit international humanitaire et du droit international relatif aux réfugiés.
Rappelant les engagements de l’OSCE découlant de la Décision de la Réunion du Conseil minis- tériel de Bucarest No 1 (MC(9).DEC/1), de la Déclaration ministérielle sur la Convention interna- tionale pour la répression des actes de terrorisme nucléaire (MC.DOC/1/05) et de la Déclaration ministérielle de Bruxelles sur le soutien et la promotion du cadre juridique international contre le terrorisme (MC.DOC/5/06), et se félicitant des progrès notables accomplis en ce qui concerne l’adhésion des États participants aux 12 conventions et protocoles universels de 1963 – 1999 contre
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le terrorisme, ainsi que des progrès réalisés dans la signature et la ratification de la Convention internationale pour la répression des actes de terrorisme nucléaire (2005),
Prenant acte des développements importants les plus récents concernant le cadre juridique inter- national contre le terrorisme, en particulier de l’adoption de l’Amendement à la Convention sur la protection physique des matières nucléaires (2005), du Protocole à la Convention pour la répres- sion d’actes illicites contre la sécurité de la navigation maritime et du Protocole au Protocole (2005) pour la répression d’actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental (2005), et soucieux de faciliter leur prompte entrée en vigueur,
Reconnaissant la nécessité de mettre en œuvre les dispositions afférentes aux délits des conventions et protocoles universels contre le terrorisme dans la législation nationale pénale et, s’il y a lieu, éga- lement administrative et civile, en les rendant punissables par des sanctions appropriées, en vue de traduire en justice les auteurs, organisateurs, sympathisants et commanditaires d’actes de ter- rorisme dans les limites de l’état de droit et de faciliter la coopération juridique internationale sur la base du principe « extrader ou juger », comme l’exigent les résolutions pertinentes du Conseil de sécurité des Nations Unies et les instruments universels contre le terrorisme,
Reconnaissant également que les États participants de l’OSCE peuvent avoir besoin d’une assis- tance technique dans les efforts qu’ils déploient en ce qui concerne ce qui précède,
Reconnaissant le rôle important que les parlementaires jouent dans la ratification et l’application dans la législation nationale des conventions et protocoles universels contre le terrorisme,
Demande instamment aux États participants de l’OSCE qui ne l’ont pas encore fait de tout mettre en œuvre pour devenir parties sans tarder aux 13 conventions et protocoles universels contre le ter- rorisme qui sont actuellement en vigueur et d’appliquer intégralement leurs dispositions ;
Invite les États participants de l’OSCE à envisager de devenir parties à l’Amendement à la Conven- tion sur la protection physique des matières nucléaires (2005), au Protocole à la Convention pour la répression d’actes illicites contre la sécurité de la navigation maritime (2005), ainsi qu’au Pro- tocole au Protocole pour la répression d’actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental (2005) et à appliquer ensuite intégralement leurs dispositions ;
Invite les États participants de l’OSCE à envisager de devenir parties aux instruments juridiques régionaux et sous-régionaux relatifs au terrorisme, notamment à la Convention du Conseil de l’Eu- rope sur la prévention du terrorisme ;
Charge le Secrétaire général d’organiser un atelier en 2010, en vue d’apporter une assistance aux États participants en ce qui concerne les aspects relatifs à la législation pénale de la mise en œuvre des conventions et protocoles universels contre le terrorisme conclus en 2005, dans les limites des res- sources disponibles et en coopération avec l’ONUDC et d’autres acteurs internationaux compétents ;
Charge la Présidence en exercice, en coordination avec les structures exécutives de l’OSCE, d’orga- niser en 2010, à Astana, dans les limites des ressources disponibles et en coopération avec l’ONUDC et le Conseil de l’Europe ainsi que d’autres partenaires internationaux compétents, une conférence au niveau des experts sur les stratégies concluantes, les politiques efficaces et les meilleures pra- tiques pour prévenir le terrorisme ;
Invite les États participants de l’OSCE à renforcer la coopération interétatique dans la promotion des conventions et protocoles universels contre le terrorisme par la mise en commun des compétences
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techniques et charge le Secrétaire général de continuer de faciliter la coopération interétatique, notamment en rapprochant les offres et les demandes d’assistance technique entre États participants ;
Charge le Secrétaire général et les structures exécutives compétentes de l’OSCE, dans les limites des ressources disponibles, de continuer de collaborer avec l’ONUDC pour renforcer le régime juridique contre le terrorisme en promouvant la mise en œuvre des instruments universels de lutte contre le terrorisme, et en particulier en continuant à améliorer et à rationnaliser le soutien fourni au Programme de prévention du terrorisme de l’ONUDC pour ce qui est : • de sensibiliser les États participants et de les aider à forger la volonté politique nécessaire pour devenir parties aux conventions et aux protocoles universels contre le terrorisme ; • de fournir une assistance technique aux États participants qui en font la demande pour l’élabo- ration d’une législation pénale antiterroriste ; • de former les fonctionnaires judiciaires à la coopération juridique internationale en matière pénale liée au terrorisme ;
et encourage les États participants à contribuer volontairement au financement de projets extra- budgétaires pertinents dans ces domaines ;
Invite les partenaires de l’OSCE pour la coopération à appliquer volontairement les engagements de l’OSCE relatifs au cadre juridique international contre le terrorisme et à la coopération en matière pénale liée au terrorisme.
Décision no 5/09
Gestion de la migration
Le Conseil ministériel,
Rappelant et réaffirmant les engagements de l’OSCE relatifs aux migrations, en particulier les dis- positions pertinentes de l’Acte final de Helsinki de 1975, la Décision du Conseil ministériel No 2/05 sur les migrations et la Déclaration ministérielle sur les migrations (MC.DOC/6/06),
Prenant en considération le Document stratégique pour la dimension économique et environne- mentale adopté par le Conseil ministériel à Maastricht (2003) et rappelant le treizième Forum éco- nomique de l’OSCE,
Prenant note des initiatives et des travaux de l’OSCE dans le cadre du dix-septième Forum écono- mique et environnemental de l’OSCE sur le thème « La gestion des migrations et ses liens avec les politiques économiques, sociales et environnementales dans l’intérêt de la stabilité et de la sécu- rité dans la région de l’OSCE »,
Conscient de l’importance croissante d’une gestion efficace de la migration et des avantages qui en découlent pour le développement socio-économique, la cohésion sociale, la sécurité et la stabi- lité de tous les pays, notamment ceux d’origine, de transit et de destination, et reconnaissant plei- nement les droits de l’homme des migrants et des membres de leurs familles,
Soulignant qu’il importe d’intégrer les politiques de migration dans les stratégies économiques, sociales, environnementales, de développement et de sécurité et d’aborder la question de la gestion de la migration selon des approches coopératives, globales et transdimensionelles,
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Insistant sur la nécessité de faciliter la migration légale et de lutter contre la migration illégale,
Ayant à l’esprit les différentes approches des questions de migration dans les États participants de l’OSCE, et se fondant sur leurs expériences et meilleures pratiques,
Soulignant la nécessité d’approfondir le dialogue et la coopération à tous les niveaux à l’intérieur des États et entre eux, ainsi qu’avec toutes les parties prenantes concernées, notamment les parte- naires sociaux, les milieux d’affaires, la société civile et le monde universitaire, pour aborder effi- cacement les possibilités et les défis liés à la gestion globale de la migration,
Confirmant que la coopération, le dialogue et l’échange de bonnes pratiques et d’informations sur les questions de gestion de la migration demeurent un élément important du concept global de sécurité de l’OSCE, appuyé selon qu’il convient et dans les limites des mandats, des capacités et des ressources respectifs dans les trois dimensions,
1. Encourage les États participants à continuer de travailler sur la gestion de la migration • en se souciant particulièrement de remédier aux causes profondes de la migration ; • en veillant à ce que leurs pratiques nationales en matière de migration soient conformes à leurs obligations internationales respectives et aux engagements de l’OSCE ; • en élaborant plus avant des politiques et des plans d’action nationaux globaux et efficaces en matière de migration selon qu’il conviendra et en renforçant leur mise en œuvre ; • en améliorant la collecte de données comparables sur la migration, afin de faciliter le dialogue et l’échange des meilleures pratiques au niveau de l’OSCE ; • en favorisant la coopération et les partenariats entre pays d’origine et de destination, en facili- tant des formules efficaces de migration légale, tels que la migration circulaire et autres formes de programmes de mobilité volontaire de la main-d’œuvre, dans l’intérêt du développement des pays d’origine et de destination ; • en respectant les droits de l’homme des migrants et en intensifiant les efforts de lutte contre la discrimination, l’intolérance et la xénophobie à l’égard des migrants et de leurs familles ;
2. Encourage les États participants à incorporer les aspects liés au sexe dans leurs politiques de migration, en prenant note des recommandations du Guide élaboré par l’OSCE sur les poli- tiques de migration tenant compte des différences entre les sexes ;
3. Invite les États participants à améliorer la gestion de la migration grâce à une meilleure cohé- rence entre les politiques migratoires, économiques, sociales, environnementales et de sécurité, par le biais de consultations, de partenariats et d’une coopération entre gouvernements aux niveaux bilatéral, régional et interrégional, selon qu’il conviendra ;
4. Encourage les États participants à prendre les mesures nécessaires pour réduire autant que possible les incidences négatives de la crise financière et économique mondiale sur les migrants en intensifiant la coopération économique, en créant des conditions attrayantes pour le dévelop- pement de l’investissement et des entreprises et en facilitant les envois de fonds ;
5. Charge le Conseil permanent, ses organes subsidiaires informels et les structures exécutives de l’OSCE, conformément à leurs mandats respectifs dans toutes les dimensions, dans le cadre du concept global de sécurité de l’Organisation et dans les limites des ressources existantes, notamment :
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• d’offrir une vaste plateforme régionale pour le dialogue sur des questions de migration et de sécurité, à la fois entre les États participants de l’OSCE et entre les États participants et les parte- naires pour la coopération, avec la participation des autres parties prenantes concernées en pleine conformité avec les règles de procédure de l’OSCE ; • de continuer de travailler sur les aspects de la migration liés au sexe ; • d’apporter leur concours aux États participants, à leur demande, pour améliorer la législation en matière de migration et pour élaborer et appliquer des cadres nationaux de politiques effi- caces, en dispensant des conseils et des formations, en coopération avec les organisations inter- nationales et régionales compétentes ; • de contribuer aux efforts internationaux visant à évaluer l’incidence éventuelle de la dégrada- tion de l’environnement sur les pressions migratoires, que les changements climatiques peuvent amplifier, afin d’assurer un meilleur état de préparation dans ce domaine ; • de continuer d’apporter leur concours aux États participants, à leur demande, pour promouvoir une gestion efficace de la migration, y compris en ce qui concerne l’échange des meilleures pra- tiques, et pour faciliter la migration légale et lutter contre la migration illégale, tout en accor- dant une attention particulière à la coopération bilatérale et multilatérale dans ce domaine.
Décision No 7/09
Participation des femmes à la vie politique et publique
Le Conseil ministériel,
Rappelant les engagements de l’OSCE en faveur de l’avancement de l’égalité entre les sexes, de la non-discrimination et de la promotion du droit des hommes et des femmes de participer sur un pied d’égalité à la vie politique et publique,
Conscient que dans l’espace de l’OSCE les femmes continuent d’être sous-représentées dans les structures décisionnelles au sein des pouvoirs législatifs, exécutifs, y compris les services de police, et judiciaire,
Préoccupé par le fait que la discrimination généralisée à l’égard des femmes continue à faire obs- tacle à leur participation effective à la vie politique et publique à tous les niveaux,
Reconnaissant que le maintien à l’examen des engagements de l’OSCE, y compris dans les enceintes appropriées de l’Organisation, peut aider à l’élaboration d’approches et de mesures plus efficaces,
Réaffirmant que l’exercice entier et en toute égalité, par les femmes, de leurs droits fondamentaux est indispensable pour rendre l’espace de l’OSCE plus pacifique, plus prospère et plus démocratique,
Réaffirmant l’engagement des États participants de mettre en œuvre proactivement, dans l’Orga- nisation tout entière, le Plan d’action de l’OSCE de 2004 pour la promotion de l’égalité entre les sexes et rappelant les décisions de la Réunion du Conseil ministériel de Ljubljana No 14/05 sur les femmes dans la prévention des conflits, la gestion des crises et le relèvement après un conflit et 15/05 intitulée « Prévenir et combattre la violence à l’égard des femmes »,
Rappelant la résolution 1325 (2000) du Conseil de sécurité des Nations Unies, qui appelle à ce que les femmes participent pleinement et sur un pied d’égalité à la prise des décisions en ce qui concerne la prévention des conflits et la reconstruction après un conflit, et soulignant qu’il importe
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qu’elles participent et soient impliquées pleinement et sur un pied d’égalité dans tous les efforts visant à maintenir et à promouvoir la paix et la sécurité,
Prenant note de la résolution 1889 (2009) du Conseil de sécurité des Nations Unies, qui exhorte les organisations internationales et régionales à prendre de nouvelles mesures pour améliorer la par- ticipation des femmes à toutes les étapes des processus de paix,
Notant que le 18 décembre 2009 marque le trentième anniversaire de la Convention sur l’élimi- nation de toutes les formes de discrimination à l’égard des femmes, qui vise à mettre fin à la dis- crimination à l’égard des femmes dans la vie politique et publique, et notant que le 10 décembre marque le dixième anniversaire de l’ouverture à la signature du Protocole à la Convention,
Reconnaissant que les femmes peuvent rencontrer des obstacles supplémentaires, autres que ceux qui sont fondés sur le genre, pour participer à la vie politique et publique,
Demande aux États participants :
1. D’envisager de prévoir des mesures spécifiques pour atteindre l’objectif de la parité entre les sexes dans tous les organes législatifs, judiciaires et exécutifs, y compris les services de sécurité, tels que les services de police ;
2. D’envisager éventuellement des mesures législatives susceptibles de faciliter une participation plus équilibrée des femmes et des hommes à la vie politique et publique, et en particulier à la prise des décisions ;
3. D’encourager tous les acteurs politiques à promouvoir une participation égale des femmes et des hommes dans les partis politiques, en vue d’assurer une représentation plus équilibrée entre les sexes aux fonctions publiques électives à tous les niveaux de décision ;
4. D’envisager de prendre des mesures en vue d’instaurer l’égalité des chances dans les services de sécurité, y compris les forces armées, s’il y a lieu, afin de permettre d’assurer l’équilibre entre les hommes et les femmes en matière de recrutement, de maintien en fonction et de promotion ;
5. De concevoir et d’introduire au besoin des processus ouverts et participatifs qui renforcent la participation des femmes et des hommes dans toutes les phases de l’élaboration de la législa- tion, des programmes et des politiques ;
6. De faire le nécessaire pour que les femmes et les hommes contribuent sur un pied d’égalité aux initiatives de consolidation de la paix ;
7. De prendre les mesures voulues pour mettre en place, le cas échéant, des mécanismes nationaux efficaces pour mesurer l’égalité de la participation et de la représentation des femmes ;
8. De soutenir, selon qu’il conviendra, les organismes non gouvernementaux et de recherche pour l’établissement d’études ciblées et d’initiatives de sensibilisation en vue de déterminer les obsta- cles spécifiques à la participation des femmes à la vie politique et publique et pour la promotion de l’égalité des chances entre les femmes et les hommes ;
9. D’encourager un partage des tâches et des responsabilités parentales entre les femmes et les hommes afin de faciliter l’égalité des chances pour les femmes de participer effectivement à la vie politique et publique.
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Décision No 8/09
Renforcement des efforts déployés par l’OSCE pour assurer une intégration durable des Roms et des Sintis
Le Conseil ministériel,
Réaffirmant les engagements de l’OSCE concernant les Roms et les Sintis, notamment ceux qui sont énoncés dans le Plan d’action de 2003 visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE,
Reconnaissant que certains efforts ont été déployés par les États participants à cette fin,
Notant que des progrès limités ont été accomplis dans la réduction des écarts importants qui sub- sistent entre les Roms et les Sintis et le reste de la société dans plusieurs domaines,
Prenant note du Rapport de situation 2008 du BIDDH sur la mise en œuvre du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE,
Soulignant qu’une action résolue est nécessaire pour améliorer la situation des Roms et des Sintis dans l’ensemble de la région de l’OSCE,
Convaincu que les États participants devraient s’attacher à maximiser l’appropriation par les Roms et les Sintis des politiques qui les concernent et que les communautés rom et sinti devraient être des partenaires et partager la responsabilité de la mise en œuvre des politiques conçues pour pro- mouvoir leur intégration,
Conscient des difficultés particulières auxquelles se heurtent les Roms et les Sintis et de la néces- sité de prendre des mesures efficaces pour éradiquer la discrimination à leur égard et assurer leur intégration durable en conformité avec les engagements de l’OSCE,
Préoccupé par le fait que les Roms et les Sintis font partie des communautés qui continuent d’être touchées par le racisme et la discrimination et que les préjugés et les manifestations violentes d’in- tolérance à l’égard des Roms et des Sintis se sont accrus,
Notant qu’en période de ralentissement de l’économie mondiale, les Roms et les Sintis font par- tie de ceux qui sont particulièrement exposés à devenir l’objet d’une hostilité irrationnelle et de l’opprobre sociale,
Sachant que les manifestations d’intolérance à l’égard des Roms et des Sintis peuvent non seulement entraîner un accroissement de l’exclusion et de la marginalisation mais risquent aussi de mettre en péril la cohésion sociale et la coexistence pacifique dans l’ensemble de la société,
Reconnaissant que la Décision du Conseil ministériel No 6/08 sur le renforcement des efforts de l’OSCE dans l’application du Plan d’action visant à améliorer la situation des Roms et des Sin- tis dans l’espace de l’OSCE a constitué une mesure importante pour assurer un accès égal à l’édu- cation et souligner l’importance des bienfaits d’une éducation précoce,
Prenante note de la Réunion de 2009 sur la mise en œuvre des engagements concernant la dimen- sion humaine et de sa séance de travail sur le sujet spécialement choisi de l’éducation précoce des Roms et des Sintis,
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Soulignant l’importance pour les institutions et les structures de l’OSCE de s’acquitter de leurs mandats en soutenant la mise en œuvre du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE, ainsi que d’une coordination et d’une coopération efficaces au sein de l’OSCE à cette fin,
1. Invite les États participants à renforcer leurs efforts pour mettre en œuvre le Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE et pour faire avancer le pro- cessus d’intégration durable des Roms et des Sintis ;
2. Invite les États participants à continuer de communiquer des informations au BIDDH sur les progrès accomplis dans la mise en œuvre du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE ;
3. Exhorte les États participants à intensifier leurs efforts pour promouvoir la tolérance et lutter contre les préjugés à l’égard des Roms et des Sintis afin d’éviter un accroissement de leur margi- nalisation et de leur exclusion et de faire face à la montée des manifestations violentes d’intolé- rance à l’égard des Roms et des Sintis ainsi que de condamner sans équivoque et publiquement toute violence à l’égard des Roms et des Sintis, et à prendre toutes les mesures nécessaires pour assurer l’accès à des recours efficaces, conformément aux procédures judiciaires, administratives, de médiation et de conciliation nationales, ainsi qu’à assurer la coordination entre les autorités compétentes à tous les niveaux à cet égard ;
4. Invite les États participants à renforcer, de manière appropriée, la participation des Roms et des Sintis à l’élaboration, à l’application et à l’évaluation des politiques qui les concernent ainsi qu’à promouvoir le dialogue entre les peuples rom et sinti et le reste de la société afin de sensibi- liser davantage au rôle que l’intolérance et la discrimination peuvent jouer en menaçant la cohé- sion sociale, la stabilité et la sécurité ;
5. Invite les États participants, en coopération avec les Roms et les Sintis, à recenser et à examiner les problèmes de migration des Roms et des Sintis en rapport avec leur intégration durable dans l’espace de l’OSCE ;
6. Charge le BIDDH, en coopération et en coordination avec le Haut Commissaire pour les minori- tés nationales et le Représentant pour la liberté des médias ainsi que les autres structures exécutives compétentes de l’OSCE, dans les limites de leurs mandats et des ressources existantes, de continuer d’aider les États participants à combattre les actes de discrimination et de violence à l’égard des Roms et des Sintis, de lutter contre les stéréotypes négatifs des Roms et des Sintis dans les médias en tenant compte des engagements pertinents de l’OSCE en matière de liberté des médias, et de mettre intégralement en œuvre les engagements de l’OSCE ayant trait en particulier à l’application du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE ainsi que de relever les défis liés à une intégration durable et réussie des Roms et des Sintis ;
7. Encourage les États participants à traiter de façon approfondie la question de l’éducation pré- coce pour les Roms et les Sintis, en veillant tout particulièrement à assurer un accès égal à l’édu- cation et en intégrant les Roms et les Sintis dans l’enseignement ordinaire ;
8. Charge le BIDDH, en consultation avec les États participants et en coopération étroite avec les autres institutions compétentes de l’OSCE, dans les limites de leurs mandats, d’élaborer et de mettre en œuvre des projets pertinents consacrés à la question de l’éducation précoce des Roms et des Sintis, tels que des projets visant à former des enseignants et à remédier à la faible fréquentation scolaire ;
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9. Encourage les institutions compétentes de l’OSCE à renforcer leur coopération et leur coordi- nation avec d’autres acteurs internationaux compétents comme le Conseil de l’Europe et l’Union européenne, selon qu’il conviendra, et avec les acteurs de la société civile s’occupant des questions relatives aux Roms et aux Sintis ;
10. Invite le Directeur du BIDDH à tenir les États participants informés des activités menées par le Bureau pour aider les États participants à promouvoir une intégration durable des Roms et des Sintis à l’occasion de ses rapports périodiques au Conseil permanent.
Décision No 9/09
Lutte contre les crimes de haine
Le Conseil ministériel,
Réaffirmant que le respect des droits de l’homme et des libertés fondamentales, de la démocra- tie et de l’état de droit est au cœur du concept global de sécurité de l’OSCE, et que la tolérance et la non-discrimination sont des éléments importants dans la promotion des droits de l’homme et des valeurs démocratiques,
Réaffirmant que les manifestations de discrimination et d’intolérance menacent la sécurité des individus et la cohésion sociale, et réitérant qu’elles peuvent générer des conflits et des actes de vio- lence à plus grande échelle,
Préoccupé par les crimes de haine dans toute la région de l’OSCE et reconnaissant la nécessité de coopérer pour lutter efficacement contre ces crimes, et prenant note du rapport du BIDDH intitulé « Hate Crimes in the OSCE Région – Incidents and Responses », que les États participants l’avaient chargé d’établir,
Réaffirmant les engagements de l’OSCE relatifs à la promotion de la tolérance et de la non-discri- mination, et reconnaissant que la responsabilité première de la lutte contre les actes d’intolérance et de discrimination incombe aux États participants,
Reconnaissant que les crimes de haine sont des infractions pénales motivées par des préjugés,
Prenant note de la Stratégie antiterroriste mondiale de l’Organisation des Nations Unies, adoptée le 8 septembre 2006 par l’Assemblée générale des Nations Unies, qui énonce une approche mondiale exhaustive de la lutte contre le terrorisme en traitant non seulement de ses manifestations mais également des conditions propices à sa propagation, et conscient du rôle que les crimes de haine, la discrimination et l’intolérance peuvent jouer en attisant l’extrémisme violent et la radicalisa- tion qui conduisent au terrorisme,
Reconnaissant la nécessité de disposer de données plus cohérentes, exhaustives et comparables sur les crimes de haine, soulignée notamment dans le rapport du BIDDH,
Se félicitant des activités menées par le BIDDH pour fournir une assistance aux États participants, à leur demande, dans les efforts qu’ils déploient pour lutter contre les crimes de haine,
Prenant note de la Réunion supplémentaire de 2009 sur la dimension humaine consacrée au thème « les crimes de haine – mise en œuvre effective de la législation » et de la deuxième réunion annuelle des points de contact nationaux pour la lutte contre les crimes de haine,
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Reconnaissant que le ralentissement de l’économie mondiale est susceptible d’accroître le nombre des cas de crimes de haine dans l’espace de l’OSCE,
Considérant que les victimes de crimes de haine peuvent appartenir à des communautés aussi bien minoritaires que majoritaires,
Considérant le travail accompli par les trois représentants personnels du Président en exercice à l’appui de l’effort global de l’OSCE pour lutter contre les crimes de haine et les manifestations violentes d’intolérance conformément à leur mandat,
Reconnaissant le rôle déterminant que les représentants politiques peuvent jouer en prenant la tête de la lutte contre l’intolérance et la discrimination et de la promotion du respect et de la compré- hension mutuels,
Demande aux États participants :
1. De recueillir, conserver et rendre publiques des données et des statistiques fiables et suffisam- ment détaillées sur les crimes de haine et les manifestations violentes d’intolérance, notamment sur le nombre de cas signalés aux services chargés de faire respecter la loi, sur le nombre de cas ayant fait l’objet de poursuites et sur les sanctions infligées. Là où des lois sur la protection des données limitent la collecte de données sur les victimes, les États devraient envisager des méthodes de col- lecte de données conformes à ces lois ;
2. De promulguer, s’il y a lieu, une législation spécifique sur mesure pour lutter contre les crimes de haine, prévoyant des sanctions effectives qui tiennent compte de la gravité de ces crimes ;
3. De prendre des mesures appropriées pour encourager les victimes à signaler les crimes de haine, eu égard au fait que le sous-signalement de ces crimes empêche les États d’élaborer des politiques efficaces. À cet égard, d’étudier, à titre de mesures complémentaires, des méthodes propres à faci- liter la contribution de la société civile à la lutte contre les crimes de haine ;
4. D’introduire ou de développer plus avant des activités de formation professionnelle et de ren- forcement des capacités des responsables de l’application des lois, des procureurs et des magistrats qui s’occupent des crimes de haine ;
5. D’étudier, en coopération avec les acteurs concernés, des moyens d’assurer l’accès des victimes de crimes de haine à un soutien psychologique et à une aide juridique et consulaire ainsi que leur accès effectif à la justice ;
6. D’enquêter sans retard sur les crimes de haine et de veiller à ce que les autorités compétentes et les dirigeants politiques établissent et condamnent publiquement les mobiles de ceux qui sont reconnus coupables de ces crimes ;
7. D’assurer la coopération, selon qu’il conviendra, aux niveaux national et international, notam- ment avec les organismes internationaux compétents et entre les forces de police, pour lutter contre les crimes violents organisés inspirés par la haine ;
8. De mener, en particulier avec les autorités chargées de veiller au respect de la loi, des actions de sensibilisation et d’éducation s’adressant aux communautés et aux groupes de la société civile qui aident les victimes de crimes de haine ;
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9. De désigner, s’ils ne l’ont pas encore fait, un point de contact national pour les crimes de haine en vue de communiquer régulièrement au BIDDH des informations et des statistiques fiables sur les crimes de haine ;
10. D’envisager de tirer parti des ressources développées par le BIDDH dans le domaine de l’édu- cation, de la formation et de la sensibilisation afin d’assurer l’adoption d’une approche globale pour s’attaquer aux crimes de haine ;
11. Demande aux États participants de rechercher des occasions de coopérer entre eux et, ainsi, de remédier à l’utilisation croissante d’Internet pour prôner des vues constituant une incitation à la violence motivée par des préjugés, y compris les crimes de haine et, ce faisant, de réduire le tort causé par la dissémination de tels documents, tout en veillant à ce que les mesures prises en la matière soient conformes aux engagements de l’OSCE, notamment en ce qui concerne la liberté d’expression ;
12. Charge le BIDDH d’étudier, dans le cadre de consultations avec les États participants et en coo- pération avec les organisations internationales et les partenaires de la société civile compétents, le lien qui existe éventuellement entre l’utilisation d’Internet et la violence motivée par des préju- gés et le tort qu’elle cause ainsi que les mesures pratiques qui pourraient être prises ;
13. Invite le Directeur du BIDDH à tenir les États participants informés des activités menées par le Bureau pour aider les États participants à lutter contre les crimes de haine à l’occasion de ses rapports périodiques au Conseil permanent.
Décision No 11/09
Sécurité des documents de voyage – Répertoire des clés publiques de l’OACI
Le Conseil ministériel,
Rappelant les engagements de l’OSCE en faveur de la lutte contre le terrorisme, en particulier du ren- forcement de la sécurité des documents de voyage comme le prévoient le Plan d’action de Bucarest pour lutter contre le terrorisme (MC(9).DEC/1), la Décision de la Réunion du Conseil ministériel de Maastricht sur la sécurité des documents de voyage (MC.DEC/7/03) ainsi que deux décisions des réunions du Conseil ministériel de Sofia (MC.DEC/4/04) et de Bruxelles (MC.DEC/6/06) encoura- geant à recourir davantage à la Base de données d’INTERPOL sur les documents de voyage volés ou perdus, et reconnaissant la contribution importante de l’OSCE dans le domaine de la sécurité des documents de voyage,
Réaffirmant son engagement de mettre en œuvre des mesures efficaces et résolues contre le terro- risme et d’empêcher les mouvements de terroristes ou de groupes de terroristes en instituant des contrôles efficaces aux frontières, ainsi que des contrôles lors de la délivrance de pièces d’identité et de documents de voyage tout en facilitant la liberté et la sécurité de circulation des personnes en conformité avec les cadres juridiques pertinents,
Reconnaissant l’importance de la communication transfrontière pour la coopération internationale dans la lutte contre le terrorisme international, la criminalité organisée et le trafic sous toutes ses formes, ainsi que la valeur ajoutée qu’apporte l’OSCE pour faciliter l’assistance et offrir un cadre de coopération sur ces questions,
Notant que les États participants de l’OSCE recourent largement aux documents de voyage lisibles par machine électronique (DVLME),
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Reconnaissant la nécessité de permettre aux autorités nationales compétentes de valider effective- ment l’authenticité des éléments de sécurité électronique et des données biométriques stockés dans les DVLME en tant que condition préalable à la vérification de l’identité du porteur d’un DVLME sur la base de ces éléments et données,
Prenant note des travaux menés par l’OACI pour développer son Répertoire de clés publiques (RCP) en vue de promouvoir un système de validation interopérable à l’échelle mondiale pour les DVLME afin d’améliorer sensiblement les mesures de sécurité aux frontières et de contribuer ainsi à la lutte contre le terrorisme et à la prévention des activités transfrontières illégales,
Prenant note de la déclaration des ministres de la justice et de l’intérieur du G8 du 29-30 mai 2009, qui soutient pleinement la participation des États contractants de l’OACI à son RCP et demande à tous les États de vérifier l’authenticité des informations figurant dans les puces des passeports électroniques et de recourir au RCP de l’OACI,
Notant que, conformément à la pratique recommandée par l’OACI, les États délivrant ou ayant l’intention de délivrer des passeports électroniques et/ou recourant à la vérification automatisée des passeports électroniques lors des contrôles aux frontières devraient participer au RCP,
Demande aux États participants d’envisager de participer au RCP de l’OACI, sous réserve de la dis- ponibilité des ressources administratives et financières nécessaires, et de contribuer ainsi à permettre aux autorités effectuant les contrôles aux frontières et à d’autres autorités nationales compétentes de valider les signatures électroniques des DVLME ;
Encourage les États participants en mesure de le faire à fournir une assistance financière et tech- nique pour l’application de cette mesure aux autres États participants qui en font la demande ;
Charge le Secrétaire général d’organiser en 2010 à Vienne, dans la limite des ressources disponibles, en coordination avec la Présidence en exercice et en coopération avec l’OACI, un atelier d’experts de l’OSCE conçu pour accroître la sensibilisation et faciliter la participation des États participants au RCP de l’OACI et son utilisation par eux ;
Encourage les partenaires pour la coopération à mettre volontairement en œuvre la présente déci- sion et d’autres engagements de l’OSCE concernant la sécurité des documents de voyage.
364 Déclaration commémorative d’Astana Astana 2010
Vers une communauté de sécurité
1. Nous, chefs d’État ou de gouvernement des 56 États participants de l’OSCE, nous sommes réu- nis à Astana, 11 ans après le dernier Sommet de l’OSCE à Istanbul, de nous pour renouveler notre engagement en faveur de la vision d’une communauté de sécurité euro-atlantique et eurasienne libre, démocratique, unie et indivisible, de Vancouver à Vladivostok, fondée sur des principes fixés d’un communs accord, des engagements partagés et des objectifs communs. Alors que nous célébrons le trente-cinquième anniversaire de l’Acte final d’Helsinki et le vingtième anniversaire de la Charte de Paris pour une nouvelle Europe, nous réaffirmons la validité des principes sur les- quels repose cette Organisation et notre attachement à ces principes. Bien que nous ayons accompli d’importants progrès, nous reconnaissons aussi qu’il faut faire davantage pour assurer pleinement le respect et la mise en œuvre des principes et engagements essentiels que nous avons adoptés en ce qui concerne les dimensions politico-militaire, économico-environnementale et humaine, notam- ment dans les domaines des droits de l’homme et des libertés fondamentales.
2. Nous réaffirmons notre pleine adhésion à la Charte des Nations Unies et à l’ensemble des normes, principes et engagements de l’OSCE, depuis l’Acte final de Helsinki, la Charte de Paris, la Charte de sécurité européenne et tous les autres documents de l’OSCE auxquels nous avons souscrits, ainsi que notre responsabilité de les mettre en œuvre pleinement et de bonne foi. Nous procla- mons à nouveau notre attachement au concept, énoncé pour la première fois dans l’Acte final, de sécurité globale, coopérative, égale et indivisible qui associe le maintien de la paix au respect des droits de l’homme et des libertés fondamentales et établit un lien entre la coopération écono- mique et environnementale et les relations pacifiques entre les États.
3. (...) Nous réaffirmons en outre que tous les principes et engagements de l’OSCE, sans exception, s’appliquent également à chaque État participant, et nous soulignons que nous sommes comptables envers nos citoyens et responsables les uns envers les autres de leur pleine mise en œuvre. Nous considérons ces engagements comme notre acquis commun et estimons donc qu’ils sont d’un inté- rêt immédiat et légitime pour tous les États participants.
4. Ces normes, principes et engagements nous ont permis de réaliser des progrès en éloignant de nous les anciennes confrontations et en nous rapprochant de la démocratie, de la paix et de l’unité dans l’ensemble de l’espace de l’OSCE. Ils doivent continuer à nous guider au XXIe siècle dans notre action collective visant à faire en sorte que la vision ambitieuse de Helsinki et de Paris devienne une réalité pour tous nos peuples. Avec tous les autres documents de l’OSCE, ils fixent des normes claires indiquant aux États participants comment ils doivent agir les uns envers les autres ainsi qu’à l’égard de toutes les personnes se trouvant sur leur territoire. Déterminés à continuer de construire sur cette fondation solide, nous réaffirmons notre engagement à renforcer la sécu- rité, la confiance et les relations de bon voisinage entre nos États et nos peuples. À cet égard, nous sommes convaincus que le rôle de l’OSCE demeure crucial et devrait être encore raffermi. Nous continuerons d’œuvrer au renforcement de l’efficacité et de l’efficience de l’OSCE.
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5. Nous reconnaissons que l’OSCE, étant l’organisation de sécurité régionale la plus inclusive et la plus globale de la région euro-atlantique et eurasienne, continue d’offrir une enceinte unique, fonctionnant sur la base du consensus et de l’égalité souveraine des États, pour promouvoir un dialogue ouvert, prévenir et régler les conflits, renforcer la compréhension mutuelle et encoura- ger la coopération. Nous soulignons l’importance du travail effectué par le Secrétariat, le Haut Commissaire pour les minorités nationales, le Bureau des institutions démocratiques et des droits de l’homme et la Représentante pour la liberté des médias de l’OSCE, ainsi que par les opérations de terrain de l’OSCE, conformément à leurs mandats respectifs, pour aider les États participants à respecter leurs engagements envers l’Organisation. Nous sommes déterminés à intensifier la coo- pération avec l’Assemblée parlementaire de l’OSCE et encourageons les efforts que celle-ci déploie pour promouvoir la sécurité, la démocratie et la prospérité dans l’ensemble de l’espace de l’OSCE et au sein des États participants, ainsi que pour accroître la confiance entre ceux-ci. (...)
6. L’approche globale et coopérative de l’OSCE en matière de sécurité, dans le cadre de laquelle les dimensions humaine, économico-environnementale et politico-militaire de la sécurité sont trai- tées comme un tout, reste indispensable. Convaincus que la dignité intrinsèque de l’individu est au cœur d’une sécurité globale, nous réaffirmons que les droits de l’homme et les libertés fondamen- tales sont inaliénables et que leur protection et leur promotion constituent notre responsabilité pre- mière. Nous réaffirmons catégoriquement et irrévocablement que les engagements contractés dans le domaine de la dimension humaine sont un sujet de préoccupation directe et légitime pour tous les États participants et ne relèvent pas exclusivement des affaires intérieures de l’État concerné. Nous apprécions le rôle important que jouent la société civile et les médias libres pour nous aider à assurer le respect intégral des droits de l’homme, des libertés fondamentales, de la démocratie, y compris grâce à des élections libres et équitables, et l’état de droit.
7. Des menaces et des problèmes graves subsistent. La méfiance et les conceptions divergentes de la sécurité doivent être surmontées. Nos engagements concernant les dimensions politico-mili- taire, économico-environnementale et humaine doivent être pleinement mis en œuvre. Le respect des droits de l’homme, des libertés fondamentales, de la démocratie et de l’état de droit doit être garanti et renforcé. Il faut redoubler d’efforts pour promouvoir la liberté de religion ou de croyance et combattre l’intolérance et la discrimination. (...) (…)
9. Parallèlement, dans le monde complexe et interconnecté d’aujourd’hui, nous devons parve- nir à une plus grande unité de vues et d’action pour faire face aux nouvelles menaces transnatio- nales telles que
le terrorisme, la criminalité organisée, les migrations illégales, la prolifération des armes de des- truction massive, les cybermenaces, le trafic d’armes légères et de petit calibre, le trafic de drogue et la traite des êtres humains. Ces menaces peuvent provenir de l’intérieur ou de l’extérieur de notre région.
10. Nous reconnaissons que la sécurité de l’espace de l’OSCE est inextricablement liée à celle des zones adjacentes, notamment en Méditerranée et en Asie. Nous devons donc accroître le niveau de notre interaction avec nos partenaires pour la coopération. En particulier, nous soulignons la nécessité de contribuer effectivement, en fonction des capacités et de l’intérêt national de chaque État participant, aux efforts internationaux collectifs visant à promouvoir un Afghanistan stable, indépendant, prospère et démocratique.
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11. Nous nous félicitons des initiatives visant à consolider la sécurité européenne. Notre dialogue de sécurité, qui a été renforcé par le Processus de Corfou, a contribué à concentrer notre attention sur ces défis et sur d’autres auxquels nous devons faire face dans les trois dimensions. Le moment est maintenant venu d’agir, et nous devons définir des objectifs concrets et précis pour faire face à ces défis. Nous sommes déterminés à œuvrer ensemble pour concrétiser pleinement la vision d’une communauté de sécurité globale, coopérative et indivisible dans l’ensemble de l’espace de l’OSCE que nous partageons. Cette communauté de sécurité devrait avoir pour objectif de relever les défis du XXIe siècle et se fonder sur notre pleine adhésion aux normes, principes et engagements com- muns de l’OSCE dans les trois dimensions. Elle devrait unir tous les États participants de l’OSCE dans l’ensemble de la région euro-atlantique et eurasienne, libre de clivages, de conflits, de sphères d’influence et de zones ayant des niveaux de sécurité différents. Nous œuvrerons pour que la coo- pération entre nos États et entre les organisations et institutions compétentes dont ceux-ci sont membres soit guidée par les principes d’égalité, de coopération en partenariat, d’inclusion et de transparence. Forts de notre diversité, nous sommes résolus à atteindre cet objectif global en menant durablement une action commune et déterminée dans le cadre de l’OSCE et d’autres formats. (…)
367 Document de la Dix-huitième Réunion du Conseil ministériel Vilnius 2011
I. Déclarations du Conseil ministériel
Déclaration ministérielle sur la lutte contre toutes les formes de traite des êtres humains
I.
1. Nous, membres du Conseil ministériel de l’OSCE, déclarons notre détermination ferme et sans faille à lutter contre la traite des êtres humains sous toutes ses formes.
2. Nous déclarons que la traite des êtres humains est un crime grave et odieux qui viole la dignité humaine, porte atteinte aux droits de l’homme et aux libertés fondamentales et alimente les réseaux criminels organisés.
3. Nous demeurons pleinement attachés à la Déclaration universelle des droits de l’homme : « Nul ne sera tenu en esclavage ni en servitude ; l’esclavage et la traite des esclaves sont interdits sous toutes leurs formes ».
4. Nous renouvelons l’appui des États participants à la ratification et à la mise en œuvre intégrale de la Convention des Nations Unies contre la criminalité transnationale organisée et de son Pro- tocole additionnel visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants, en tant que cadre international de la lutte contre la traite des personnes. En outre, nous soulignons l’importance de l’adoption du Plan d’action mondial des Nations Unies pour la lutte contre la traite des personnes (résolution 64/293 de l’Assemblée générale), qui favo- rise le renforcement
de la coopération et de la coordination entre tous les acteurs concernés et encourage des interven- tions globales, coordonnées et cohérentes aux niveaux national, régional et international pour lutter contre la traite des êtres humains, et nous saluons les efforts déployés par l’OSCE pour en assu- rer la mise en œuvre.
5. Nous saluons les progrès accomplis à ce jour par les États participants de l’OSCE, individuelle- ment et collectivement, dans la lutte contre ce crime odieux. Nous rappelons notre pleine adhésion à l’engagement de l’OSCE de lutter contre la traite des êtres humains et notre ferme détermination à mettre en œuvre cet engagement à travers une approche multidimensionnelle, comme indiqué dans divers documents de l’OSCE, (…).
6. Nous exprimons notre vive préoccupation devant le fait que, malgré les mesures soutenues prises aux niveaux international, régional et national, la traite des êtres humains demeure un grave pro- blème, le nombre des victimes identifiées et aidées reste relativement faible et peu d’auteurs de cette
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traite ont été traduits en justice. Nous sommes profondément préoccupés que la traite en vue du pré- lèvement d’organes ou d’une exploitation à des fins sexuelles ou par le travail, notamment la ser- vitude domestique, demeure un grave problème.
7. Nous notons avec satisfaction le rôle important que joue la Représentante spéciale et Coordon- natrice pour la lutte contre la traite des êtres humains en aidant les États participants, sur leur demande, à mettre en œuvre les engagements de l’OSCE en matière de lutte contre la traite des êtres humains. Nous apprécions le fait que la Représentante spéciale, dans le cadre de son rôle de coordination, coopère étroitement, dans le plein respect de leurs mandats, avec des structures exécutives de l’OSCE telles que le Bureau du Coordonnateur des activités économiques et envi- ronnementales, la Section pour la parité des sexes, le Bureau des institutions démocratiques et des droits de l’homme, dont l’unité du Programme de lutte contre la traite et le Point de contact pour les questions concernant les Roms et les Sinti, ainsi qu’avec la Représentante spéciale de la Présidence en exercice pour la parité des sexes et, lorsqu’il y a lieu, avec les opérations de terrain de l’OSCE. Dans l’esprit de la Déclaration commémorative d’Astana, nous apprécions la coopération avec les parlementaires des États participants dans la lutte contre la traite des êtres humains. En particu- lier, nous saluons les efforts déployés récemment par l’OSCE pour appeler l’attention sur la traite à des fins d’exploitation par le travail, notamment la servitude domestique, ainsi que la traite des enfants et la traite en vue du prélèvement d’organes.
8. Nous encourageons et soutenons la coopération multidisciplinaire, la formation intersectorielle et les partenariats multilatéraux. Nous saluons les initiatives prises par la Représentante spéciale de l’OSCE sous les auspices de l’Alliance contre la traite des personne (…).
II.
9. Nous sommes conscients de la nécessité de renforcer l’action de la justice pénale contre la traite des êtres humains et notamment contre les auteurs de cette traite et leurs complices, tout en veil- lant à ce que les victimes soient traitées d’une manière qui respecte leurs droits de l’homme et aient accès à la justice, à une aide juridique, à des voies de recours efficaces et à d’autres services si besoin est. Nous étudierons des techniques d’investigation telles que les enquêtes financières, améliore- rons l’échange d’informations relatives aux groupes criminels organisés et encouragerons la col- laboration policière et judiciaire transfrontière pour identifier efficacement aussi bien les auteurs de la traite que leurs victimes potentielles.
10. Nous sommes conscients que des mesures adéquates devraient être prises pour veiller à ce que, le cas échéant, les victimes identifiées de la traite des êtres humains ne soient pas sanctionnées pour avoir participé à des activités illégales dans la mesure où elles y ont été contraintes. Nous invitons instamment les États participants à mettre en œuvre des mesures appropriées et globales pour aider les victimes de la traite.
11. Nous redoublerons d’efforts pour identifier et aider les victimes de la traite des êtres humains, en tenant compte des populations particulièrement vulnérables. Le cas échéant, nous encourage- rons des campagnes visant à sensibiliser les personnes vulnérables à la traite aux facteurs sociaux, économiques, culturels, politiques et autres qui contribuent à leur vulnérabilité à la traite. Nous intensifierons et appuierons les efforts de prévention en les axant sur la demande qui favorise toutes les formes de traite et sur les biens et services découlant de la traite des personnes.
12. Nous saluons le rôle important que jouent les organisations de la société civile en aidant et en démarginalisant les victimes de la traite.
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13. Nous sommes conscients que les systèmes de protection de l’enfance ont besoin d’être renfor- cés afin de contribuer efficacement à prévenir et détecter toutes les formes de traite des enfants et à y faire face en vue d’aider et de protéger comme il convient et au mieux de leurs intérêts les enfants qui en sont victimes ou qui risquent de le devenir, notamment grâce à des services et à des mesures appropriés pour assurer leur bien-être physique et psychologique ainsi que leur éduca- tion, leur réadaptation et leur réinsertion.
14. Nous sommes conscients que pour prévenir la traite des êtres humains à des fins d’exploita- tion par le travail, les droits des travailleurs doivent être respectés. Nous recommandons d’élabo- rer et de mettre en œuvre des mesures destinées à améliorer les pratiques en matière d’emploi et à favoriser le respect effectif des droits internationalement reconnus des travailleurs, par des moyens tels que les inspections du travail, la surveillance des agences d’emploi privées et la mise en place d’autres programmes de soutien aux travailleurs dans l’exercice de leurs droits.
15. Nous encourageons les États participants à œuvrer avec le secteur des entreprises à l’applica- tion des principes de diligence raisonnable et de transparence pour évaluer et traiter les risques d’exploitation tout au long des chaînes d’approvisionnement et veiller à ce que les travailleurs aient accès à des mécanismes de recours et de réparation en cas de pratiques abusives. Nous encoura- geons la diffusion et la mise en œuvre des Principes directeurs relatifs aux entreprises et aux droits de l’homme adoptés récemment par l’ONU. Nous engageons également les gouvernements à envi- sager d’adopter des normes similaires, notamment des politiques de « tolérance zéro », pour la pas- sation des marchés publics de biens et de services.
III.
16. Nous soulignons que l’OSCE offre aux États participants une tribune extrêmement utile qui leur permet de dialoguer et de renforcer leur coopération pour apporter une réponse globale à la traite des êtres humains sous toutes ses formes. Dans cette optique, nous réaffirmons notre détermina- tion à mettre en œuvre les engagements de l’OSCE, notamment le Plan d’action pour lutter contre la traite des êtres humains, à utiliser pleinement les structures compétentes de l’OSCE et à ren- forcer le partenariat de l’OSCE avec d’autres organisations internationales et régionales et avec la société civile.
Décisions du Conseil ministériel
Décision No 5/11
Partenaires pour la coopération
Le Conseil ministériel,
Rappelant l’Acte final de Helsinki de 1975, qui relève le lien étroit existant entre la paix et la sécu- rité en Europe et dans le monde entier,
Rappelant la Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle, adoptée en 2003 à la onzième Réunion du Conseil ministériel, à Maastricht, dans laquelle il est énoncé que l’OSCE intensifiera sa coopération avec ses partenaires méditerranéens et asiatiques pour la coopération en identifiant, à un stade précoce, les domaines communs d’in- térêt et de préoccupation ainsi que de nouvelles possibilités d’action coordonnée,
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Pleinement convaincu que la sécurité de l’espace de l’OSCE est inextricablement liée à celle des régions des partenaires pour la coopération, et réaffirmant notre engagement d’intensifier notre dialogue et notre coopération avec les partenaires méditerranéens et asiatiques pour la coopéra- tion et de renforcer notre capacité de répondre aux besoins et aux priorités recensés par les parte- naires et sur la base des normes, principes et engagements de l’OSCE,
Conscient des processus de transition démocratique et des évolutions politiques, économiques et sociales qui se sont produits dans certains partenaires méditerranéens en 2011,
Louant les processus de réforme volontaire entrepris par certains pays partenaires méditerranéens,
Conscient que chaque pays est différent et a le droit de développer son propre modèle politique, dans le respect des valeurs universelles des droits et de la dignité de la personne humaine,
Convenant que l’expérience de l’OSCE dans différents domaines peut être intéressante et poten- tiellement bénéfique pour les partenaires, tout en tenant pleinement compte du fait que la respon- sabilité première des choix politiques nationaux leur incombe ainsi que de leur héritage politique, social culturel et religieux particulier et conformément à leurs besoins, à leurs objectifs et à leurs priorités nationales,
Réaffirmant que l’OSCE est prête, par l’intermédiaire de ses structures exécutives, dans la limite de leurs mandats respectifs, conformément aux procédures établies et sur demande, à aider les par- tenaires pour la coopération, selon qu’il conviendra, à mettre en œuvre volontairement les normes, principes et engagements de l’OSCE,
Reconnaissant le rôle important joué par la société civile dans les partenaires pour la coopération pour ce qui est de promouvoir la démocratie, l’état de droit et le plein respect des droits de l’homme et des libertés fondamentales,
Se félicitant des progrès accomplis ces dernières années grâce au dialogue et à la coopération avec nos partenaires méditerranéens et asiatiques pour la coopération, notamment de leur participation accrue aux réunions et activités de l’OSCE, y compris la mise en œuvre de projets mutuels concrets,
Rappelant la Décision du Conseil permanent No 571, intitulée « Poursuite du dialogue et de la coo- pération avec les partenaires pour la coopération et examen des possibilités d’étendre à d’autres les normes, principes et engagements de l’OSCE » et la Décision No 17/04 du Conseil ministériel sur l’OSCE et ses partenaires pour la coopération, ainsi que la Déclaration ministérielle de Madrid sur les partenaires de l’OSCE pour la coopération,
Rappelant la Déclaration commémorative d’Astana 2010, qui a souligné l’importance d’accroître le niveau d’interaction avec les partenaires pour la coopération,
Réaffirmant son soutien à la coopération de l’Assemblée parlementaire de l’OSCE avec les parte- naires grâce notamment à la tenue de son Forum parlementaire annuel sur la Méditerranée, et pre- nant note des travaux menés par l’Assemblée parlementaire de l’OSCE à cet égard,
Confirme à nouveau qu’il est ouvert à l’examen des demandes futures éventuelles de partenariat émanant de pays intéressés conformément à la Décision du Conseil permanent No 430 du 19 juil- let 2001. Reconnaissant le rôle important joué par la société civile dans les partenaires pour la coo- pération pour ce qui est de promouvoir la démocratie, l’état de droit et le plein respect des droits de l’homme et des libertés fondamentales,
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Se félicitant des progrès accomplis ces dernières années grâce au dialogue et à la coopération avec nos partenaires méditerranéens et asiatiques pour la coopération, notamment de leur participation accrue aux réunions et activités de l’OSCE, y compris la mise en œuvre de projets mutuels concrets,
Rappelant la Décision du Conseil permanent No 571, intitulée « Poursuite du dialogue et de la coo- pération avec les partenaires pour la coopération et examen des possibilités d’étendre à d’autres les normes, principes et engagements de l’OSCE » et la Décision No 17/04 du Conseil ministériel sur l’OSCE et ses partenaires pour la coopération, ainsi que la Déclaration ministérielle de Madrid sur les partenaires de l’OSCE pour la coopération,
Rappelant la Déclaration commémorative d’Astana 2010, qui a souligné l’importance d’accroître le niveau d’interaction avec les partenaires pour la coopération,
Réaffirmant son soutien à la coopération de l’Assemblée parlementaire de l’OSCE avec les parte- naires grâce notamment à la tenue de son Forum parlementaire annuel sur la Méditerranée, et pre- nant note des travaux menés par l’Assemblée parlementaire de l’OSCE à cet égard,
1. Décide de renforcer encore le Partenariat pour la coopération en élargissant le dialogue, en inten- sifiant les consultations politiques, en renforçant la coopération pratique et en continuant de mettre en commun les meilleures pratiques et l’expérience acquise dans le développement de la sécurité globale, coopérative et indivisible, dans les trois dimensions de l’OSCE, conformément aux besoins et aux priorités recensés par les partenaires ;
2. Encourage les structures exécutives de l’OSCE, conformément à leur mandat et aux procédures établies, à engager une coopération orientée vers l’action avec les pays partenaires dans les trois dimensions, en tenant compte également des conférences annuelles des partenaires, en donnant des avis d’experts et en échangeant des informations sur les meilleures pratiques et les données d’expérience à la demande des partenaires sur la base des décisions pertinentes de l’OSCE si néces- saire et invite les partenaires à accroître le niveau de leur participation aux activités de l’OSCE ;
3. Décide, dans le contexte du Partenariat, de redoubler d’efforts pour promouvoir les normes, principes et engagements de l’OSCE par l’intermédiaire des points de contact en coordination avec d’autres organisations régionales et internationales compétentes, en particulier l’Organisa- tion des Nations Unies, grâce notamment à la mise en commun des meilleures pratiques et des données d’expérience ainsi qu’à des projets et activités communs dans les trois dimensions, selon qu’il conviendra ;
4. Invite la Présidence de l’OSCE et les groupes de contact, conjointement avec le Secrétaire géné- ral, à renforcer et à développer encore le dialogue régulier de haut niveau avec les partenaires pour la coopération afin d’améliorer la compréhension mutuelle et d’obtenir un soutien et une aide politiques de haut niveau en faveur des partenaires pour la coopération, en tenant compte de leurs besoins et priorités ;
5. Demande aux structures exécutives de l’OSCE, dans la limite de leurs mandats, de faciliter une participation plus large de représentants des autorités et de la société civile des partenaires pour la coopération aux manifestations pertinentes de l’OSCE, en recourant le cas échéant au fonds de partenariat :
6. Charge le Secrétaire général, en consultation avec la Présidence de l’OSCE, d’explorer les options possibles pour une coopération orientée vers l’action et axée sur les résultats avec les partenaires, en coordination avec l’Organisation des Nations Unies et d’autres organisations et institutions
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régionales et internationales compétentes, et de présenter des propositions, selon qu’il convien- dra, pour suite à donner par le Conseil permanent ;
7. Prie le Conseil permanent de rester saisi de la question et d’examiner les options pour un enga- gement futur avec les partenaires pour la coopération à leur demande ;
8. Encourage les États participants et les partenaires pour la coopération à mettre en commun leurs données d’expérience et à contribuer aux activités de l’OSCE dans les trois dimensions, grâce notamment à des contributions au Fonds de partenariat, selon qu’il conviendra, afin de promou- voir la poursuite de l’engagement avec les partenaires pour la coopération ;
9. Confirme à nouveau qu’il est ouvert à l’examen des demandes futures éventuelles de partena- riat émanant de pays intéressés conformément à la Décision du Conseil permanent No 430 du 19 juillet 2001.
Décision no 10/11 du Conseil
Promotion de l’égalité des chances pour les femmes dans la sphère économique
Le Conseil ministériel,
Réaffirmant l’engagement des États participants à mettre intégralement en œuvre la Décision No 14/04 sur le Plan d’action de l’OSCE pour la promotion de l’égalité entre les sexes, qui a été adop- tée à la douzième Réunion du Conseil ministériel, à Sofia, en 2004, (…)
Réaffirmant les engagements, (...), relatifs à la promotion des droits égaux des hommes et des femmes à l’égalité des chances et de participation dans la sphère économique,
Reconnaissant que la participation des femmes dans la sphère économique contribue notable- ment au redressement économique, à la croissance durable et à l’édification de sociétés cohésives, et qu’elle est donc indispensable pour la sécurité et la stabilité de la région de l’OSCE,
Prenant note avec préoccupation de la persistance des iniquités auxquelles les femmes sont confron- tées dans la région de l’OSCE sur le plan de la participation au marché du travail, y compris la ségrégation des emplois ; des disparités dans l’accès à la protection sociale, ainsi qu’à des emplois de qualité, à temps complet ; et de la lenteur des progrès accomplis dans le cadre des efforts visant à surmonter les écarts de rémunération à travail égal, ce dont résultent des revenus sur toute une vie et des retraites moindres pour les femmes et une pauvreté accrue de ces dernières,
Préoccupé par la sous-représentation continue des femmes dans les processus de direction et de décision économiques dans les secteurs public et privé,
Préoccupé également par la persistance des restrictions à la participation effective des femmes dans la sphère économique, notamment en ce qui concerne l’accès à des ressources économiques et finan- cières telles que les emprunts et les droits de propriété et d’héritage et la maîtrise de ces ressources,
Reconnaissant qu’il faut améliorer et rendre systématiques la collecte de données par sexe et la réa- lisation d’études sur l’égalité des chances dans la sphère économique comme base pour la plani- fication des politiques et des actions,
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Rappelant qu’il faut des politiques économiques et sociales visant à remédier aux causes pro- fondes de la traite des êtres humains, en particulier pour éliminer la discrimination à l’égard des femmes dans l’emploi et s’attaquer aux facteurs économiques qui accroissent la vulnérabilité des femmes à la traite,
Reconnaissant qu’il faut continuer de suivre la mise en œuvre des engagements existants rela- tifs à l’élimination de la discrimination à l’égard des femmes et à la promotion de l’égalité des chances des femmes dans la sphère économique, en vue de recenser et d’échanger les bonnes pra- tiques et d’élaborer des approches efficaces, y compris au sein de l’Organisation et de ses struc- tures exécutives, (…)
Reconnaissant que les femmes peuvent être confrontées à des obstacles supplémentaires, outre ceux fondés sur le sexe, à leur participation dans la sphère économique,
Demande aux États participants :
1. De recueillir et d’analyser des données en vue d’identifier et de supprimer les obstacles empê- chant les femmes de réaliser leur potentiel dans la sphère économique et, selon qu’il conviendra et conformément à la législation nationale, d’apporter leur soutien aux organismes non gouverne- mentaux et de recherche pour produire des études ciblées, notamment sur les bonnes pratiques ;
2. D’évaluer l’allocation des ressources budgétaires pour promouvoir l’égalité des sexes dans la sphère économique et de prendre des mesures concrètes qui conduisent à assurer aux femmes des chances égales de participation économique et un accès égal à la protection sociale, et qui favo- risent un emploi de qualité, ainsi qu’à temps complet et/ou non salarié ;
3. De faciliter le développement des compétences entrepreneuriales et des autres compétences liées au travail des femmes et d’incorporer des aspects liés au genre, en accordant une attention parti- culière aux femmes, dans les politiques migratoires afin, notamment, de prévenir la traite des êtres humains et le risque de retomber dans la traite ;
4. D’engager ou de renforcer des mesures politiques et juridiques, y compris des mesures d’action positive selon qu’il conviendra, qui faciliteraient et protégeraient l’égalité des chances des femmes de participer au marché du travail, grâce notamment au développement des garderies d’enfants et des pouponnières ;
5. De définir des mesures concrètes visant à promouvoir l’égalité des chances des femmes dans la sphère économique et, s’il y a lieu, d’instaurer des mécanismes nationaux efficaces pour suivre les progrès accomplis dans ce domaine, notamment dans la suppression des écarts de rémunération ;
6. De promouvoir le partage des travaux ménagers, ainsi que des responsabilités en tant que parents et aidants, en étendant le congé de paternité ; de promouvoir des politiques et des pratiques d’em- ploi non-discriminatoires et l’égalité d’accès à l’éducation et à la formation ; de prendre des mesures destinées à faciliter la conciliation du travail avec les responsabilités familiales ; et de s’efforcer de faire en sorte que les politiques et programmes d’ajustement structurel n’aient pas d’effet dis- criminatoire défavorable pour les femmes ;
7. De favoriser l’instauration de l’environnement nécessaire pour la formulation et la mise en œuvre concluantes des politiques par des activités d’information et de sensibilisation ciblées concer- nant les avantages des mesures prises pour promouvoir l’égalité des chances de participation des
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femmes dans la sphère économique et pour combattre l’exclusion sociale des femmes et la discri- mination à leur égard ;
8. D’adopter des mesures et de nouer le dialogue avec le secteur privé pour assurer aux femmes des chances égales d’avancement professionnel et pour combler les écarts de rémunération ;
9. D’élaborer et de renforcer, autant que faire se peut, des mesures qui conduisent à une diversification accrue dans les secteurs d’emploi traditionnellement dominés par les hommes ou par les femmes ;
10. Encourage les partenaires pour la coopération à appliquer volontairement les dispositions de la présente décision.
375 Document de la Dix-neuvième Réunion du Conseil ministériel Dublin 2012
Déclarations du Conseil ministériel
Déclaration sur le renforcement de la bonne gouvernance et sur la lutte contre la corruption, le blanchiment d’argent et le financement du terrorisme
Nous, membres du Conseil ministériel de l’Organisation pour la sécurité et la coopération en Europe (OSCE), déclarons notre ferme soutien à la promotion de la bonne gouvernance et de la transpa- rence dans l’espace de l’OSCE.
Nous reconnaissons que la Charte des Nations Unies, l’Acte final de Helsinki et les documents his- toriques ultérieurs de l’OSCE contiennent des engagements, principes et instruments communs que les États participants doivent mettre en œuvre dans leurs efforts visant à promouvoir la bonne gouvernance et la transparence.
Nous réaffirmons qu’une bonne gouvernance à tous les niveaux est capitale pour la croissance éco- nomique, la stabilité politique et la sécurité. Une bonne gouvernance publique et d’entreprise, l’état de droit et des institutions fortes sont les pierres angulaires d’une économie saine, qui peuvent permettre à nos États de réduire la pauvreté et l’inégalité, d’accroître l’intégration sociale et les chances pour tous, d’attirer l’investissement et de protéger l’environnement.
Nous réaffirmons que la paix, de bonnes relations internationales, la sécurité et la stabilité de l’État, ainsi que la sécurité et la sûreté de la personne au sein de l’État, fondées sur l’état de droit et le res- pect des droits de l’homme, jouent un rôle crucial dans la création du climat de confiance indis- pensable à un développement économique et social positif.
La transparence dans les affaires publiques est une condition essentielle de la responsabilité des États et de la participation active de la société civile et du secteur privé aux processus économiques et de développement. La transparence accroît la prévisibilité des institutions et des économies qui fonctionnent sur la base d’une législation appropriée et dans le plein respect de l’état de droit, ainsi que la confiance en ces dernières.
Nous convenons que les problèmes de gouvernance, notamment la corruption et le blanchiment d’argent, privent les États participants de la capacité d’assurer efficacement un développement éco- nomique, social et environnemental durable et sapent la cohésion sociale, la stabilité et la sécurité. Une gouvernance déficiente constitue un des facteurs propices à la propagation du terrorisme. C’est pourquoi nous réaffirmons notre engagement sans réserve de combattre la corruption et de lutter contre le blanchiment d’argent, le financement du terrorisme et les infractions connexes en faisant des priorités politiques étayées par des instruments juridiques appropriés, des ressources finan- cières, humaines et institutionnelles adéquates et, le cas échéant, des outils appropriés pour leur mise en œuvre pratique et efficace.
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Nous reconnaissons les progrès accomplis à ce jour par les États participants de l’OSCE, indivi- duellement et collectivement, pour faire face à ces menaces et défis à la stabilité et à la sécurité. Nous affirmons que les engagements politiques de l’OSCE liés à la bonne gouvernance et à la trans- parence concernent les trois dimensions, et réitérons notre pleine adhésion à la mise en œuvre de ces engagements dans le cadre d’une approche globale, telle que définie dans le présent docu- ment et d’autres documents pertinents de l’OSCE.
Nous réaffirmons notre accord à œuvrer sur une base nationale, avec le soutien des institutions internationales compétentes, au renforcement de la bonne gouvernance sous tous ses aspects et à l’élaboration de méthodes de coopération pour s’aider mutuellement à atteindre cet objectif.
I. Bonne gouvernance et transparence
Nous considérons qu’un secteur public fondé sur l’intégrité, l’ouverture, la transparence, la res- ponsabilité et l’état de droit est un facteur majeur de croissance économique durable, et recon- naissons qu’un tel secteur public constitue un élément important pour favoriser la confiance des citoyens dans les institutions publiques et le gouvernement. Nous soulignons par conséquent l’im- portance d’éduquer et de former les agents publics au comportement éthique, d’établir et d’ap- pliquer des codes de conduite pertinents et des lois sur les conflits d’intérêts, ainsi que d’adopter et de mettre en œuvre des systèmes très complets de déclaration des revenus et des avoirs pour les agents publics concernés. En particulier, nous reconnaissons que l’établissement et le respect des codes de conduite pour les institutions publiques sont essentiels pour renforcer la bonne gouver- nance, l’intégrité du secteur public et l’état de droit, et fournir des normes rigoureuses d’éthique et de conduite pour les agents publics.
Nous nous félicitons du soutien que l’OSCE et ses opérations de terrain ont déjà apporté à cet égard et les prions de continuer d’apporter leur aide précieuse aux États participants, sur leur demande, aux fins également d’échanger entre eux, à travers la plateforme de dialogue de l’OSCE, l’expé- rience acquise par les pays et leurs bonnes pratiques.
Nous sommes conscients que la bonne gouvernance requiert un cadre de politiques économiques, de législations et d’institutions dans lequel les entreprises et l’investissement peuvent croître. Nous réaffirmons donc notre détermination à disposer de cadres juridiques clairs propices au dévelop- pement des affaires, et notamment des petites et moyennes entreprises qui sont essentielles pour la croissance économique, ainsi qu’à la promotion de l’investissement.
Nous reconnaissons que la bonne gouvernance et la lutte contre la corruption ne pourront aboutir sans une participation pleine et égale des femmes et des hommes dans les processus et institutions politiques et économiques, comme stipulé dans divers documents de l’OSCE. Nous soulignons l’im- portance de donner aux femmes les moyens de participer et de contribuer activement aux politiques et aux activités liées à la bonne gouvernance dans l’intérêt à la fois des hommes et des femmes.
Nous reconnaissons l’importance d’adopter et de faire appliquer des lois et autres mesures de lutte contre la corruption en prévoyant, par exemple, de criminaliser les actes de corruption d’agents publics nationaux et étrangers et de développer des partenariats public-privé pour lutter contre la corruption des agents publics.
Nous réaffirmons qu’une bonne gestion des ressources publiques par des institutions fortes et qui fonctionnent bien, une fonction publique professionnelle et efficace, ainsi que de solides proces- sus budgétaires et de passation des marchés publics, constituent des composantes essentielles de la bonne gouvernance.
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Nous reconnaissons donc l’importance de l’ouverture, de la transparence et de la non-discrimi- nation dans le domaine des biens et des services pour assurer une base financière solide à nos systèmes d’administration publique, garantir la transparence fiscale et budgétaire et adopter des systèmes de passation de marchés publics justes et transparents, (…),
II. Lutte contre la corruption, le blanchiment d’argent et le financement du terrorisme
Nous encourageons les États participants de l’OSCE qui ne l’ont pas encore fait à devenir États par- ties à la Convention des Nations Unies contre la corruption (CNUCC) et à la mettre intégralement en œuvre. Nous nous félicitons de l’assistance de l’Organisation en faveur de sa mise en œuvre, et chargeons le Secrétariat de l’OSCE, en particulier le Bureau du Coordonnateur des activités éco- nomiques et environnementales de l’OSCE, à la demande des États participants de l’OSCE, d’ap- porter un appui, notamment en mobilisant une assistance technique.
Nous reconnaissons la nécessité de renforcer la mise en œuvre de nos engagements internationaux et nationaux en matière de lutte contre la corruption, notamment en associant la société civile et le monde des affaires au processus, le cas échéant, et l’importance de les examiner régulièrement, notamment, dans le cadre du Mécanisme d’examen de la mise en œuvre de la Convention des Nations Unies contre la corruption conformément au mandat du Mécanisme.
Nous nous félicitons que l’OSCE, et en particulier le Bureau du Coordonnateur des activités écono- miques et environnementales, continuent d’aider les États participants, sur leur demande, à élabo- rer et/ou harmoniser leur législation nationale anti-corruption, conformément à leurs engagements internationaux, à veiller à sa mise en œuvre pratique et à son application efficace par des échanges d’expérience et de bonnes pratiques aux niveaux régional, sous-régional et national, ainsi qu’à four- nir des conseils et une formation en coopération avec d’autres organismes compétents, (…).
Nous reconnaissons que la lutte contre la corruption requiert des approches stratégiques sur le long terme et globales et des institutions fortes. Nous sommes convaincus que les personnes chargées de la prévention, de l’identification, des enquêtes, des poursuites et des jugements pour les infrac- tions de corruption ne devraient pas subir d’influence indue. En particulier, nous soulignons le rôle central que les services de détection et de répression et les institutions judiciaires jouent pour com- battre la corruption et garantir l’état de droit. Nous reconnaissons qu’il est capital de préserver l’indépendance du pouvoir judiciaire afin de lui permettre d’exercer cette fonction et nécessaire d’intensifier les efforts à cet égard. Nous reconnaissons aussi qu’il est important et nécessaire que des ressources adéquates soient allouées à ces institutions.
Nous reconnaissons également qu’il est d’une importance fondamentale de prévenir avec efficacité les transferts des produits du crime, le vol, l’abus de confiance et autres détournements de biens publics, et de recouvrer les avoirs volés, pour la crédibilité de nos efforts de lutte contre la corrup- tion et pour le développement économique. Nous reconnaissons qu’un recouvrement efficace des avoirs nécessite des institutions et des cadres juridiques appropriés, des praticiens habilités ayant les compétences et les ressources requises, une coopération nationale et internationale proactive et rapide, des cadres de relations et une forte volonté politique.
C’est pourquoi nous appuyons les mesures visant à éliminer les obstacles au recouvrement d’avoir, notamment en augmentant l’efficacité des procédures judiciaires et en prévenant tout abus de ces procédures, en intensifiant les efforts visant à prévenir le blanchiment d’argent, et en renforçant la coopération internationale en matière de recouvrement des avoirs.
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Nous encourageons la poursuite des efforts déployés pour que les avoirs volés soient recouvrés et res- titués et que les produits de la corruption ne puissent pas trouver refuge dans nos pays, conformé- ment au droit applicable. Nous intensifierons nos efforts pour prendre des mesures appropriées afin d’établir et de mettre en œuvre des mécanismes juridiques pour protéger efficacement les dénon- ciateurs et leurs proches contre des représailles, l’intimidation, ou d’autres préjudices psycholo- giques ou physiques, ou la perte indue de leur liberté ou de leurs moyens d’existence.
Nous reconnaissons que ces mesures sont des éléments nécessaires d’un régime efficace de lutte contre la corruption.
Nous reconnaissons que les actes de terrorisme international dépendent des ressources financières que les terroristes peuvent obtenir. Nous considérons que le financement du terrorisme constitue un grave sujet de préoccupation pour la communauté internationale dans son ensemble. Nous sommes convaincus qu’il est urgent de renforcer la coopération internationale entre les États en élaborant et en adoptant des mesures efficaces pour prévenir le financement du terrorisme, ainsi que pour le réprimer en traduisant leurs auteurs en justice et en les punissant. (…)
III. La société civile et le secteur privé
Nous encourageons l’OSCE à continuer d’adhérer à son approche globale en matière de sécurité et de renforcer le dialogue et la coopération entre les gouvernements, la société civile et le secteur privé afin de soutenir les efforts de bonne gouvernance, notamment en matière de lutte contre la corruption, le blanchiment d’argent et le financement du terrorisme, dans les États participants.
Nous reconnaissons qu’il est important d’associer le secteur privé aux efforts de lutte contre la cor- ruption et de promotion de la bonne gouvernance et de le mobiliser en faveur d’un environnement économique équitable et transparent. Un tel engagement du monde des affaires est important pour le renforcement de la bonne gouvernance, de la transparence, de la stabilité et de la sécurité aux niveaux national et international. (...)
Nous encourageons les milieux d’affaires à tenir compte dans leurs activités des besoins sociaux, environnementaux, humanitaires et de sécurité des États participants.
Nous soulignons qu’il importe de renforcer la contribution des milieux universitaires, du monde des affaires et de la société civile pour ce qui est de sensibiliser davantage aux obstacles à la crois- sance économique, notamment les entraves à la pénétration du marché, aux échanges et aux inves- tissements, ainsi qu’à la nécessité d’une transparence accrue afin de favoriser le développement économique durable.
Nous reconnaissons que la liberté d’information et l’accès à l’information favorisent la transpa- rence et la responsabilité dans les politiques publiques et la passation des marchés et permettent à la société civile, notamment aux médias, de contribuer à prévenir et à combattre la corruption, le financement du terrorisme et le blanchiment d’argent et ses infractions principales. Nous réaf- firmons notre engagement de rendre nos gouvernements plus transparents en élaborant plus avant les processus et institutions pour fournir des informations en temps opportun, notamment des statistiques fiables, afin de promouvoir un dialogue éclairé et coopératif.
Nous défendons la valeur de la transparence dans notre engagement avec les citoyens pour amé- liorer les services, renforcer l’intégrité publique, gérer efficacement les ressources publiques, créer des communautés plus sûres et accroître la responsabilité des entreprises. (...)
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IV. Coopération pour le progrès
Nous reconnaissons que l’OSCE est un forum de dialogue politique, d’échange d’informations et de coopération sur la bonne gouvernance, ainsi qu’une plateforme sur laquelle bâtir le consensus politique et la compréhension nécessaires concernant l’importance de la prévention et de la répres- sion de la corruption, du blanchiment d’argent et du financement du terrorisme à tous les niveaux pour un développement et une stabilité socio-économiques durables. Nous réaffirmons notre enga- gement de coopérer à l’élaboration de stratégies en faveur de la bonne gouvernance et à procéder à un échange d’expériences sur les meilleures pratiques.
Nous nous félicitons de la coopération étroite instaurée entre l’OSCE et d’autres organisations et institutions pertinentes, dont l’Organisation des Nations Unies, et nous appelons les structures exécutives de l’OSCE, en particulier le Bureau du Coordonnateur des activités économiques et envi- ronnementales, à continuer de développer la coopération avec elles afin que nos activités apportent une valeur ajoutée et soient complémentaires.
Nous reconnaissons la contribution précieuse que les structures exécutives de l’OSCE, notamment ses opérations de terrain, apportent à l’ensemble des activités de l’Organisation pour la promotion de la bonne gouvernance, de la transparence et de l’état de droit. Nous leur demandons de conti- nuer à promouvoir leur coopération et à coordonner leurs efforts pour aider les États participants, sur leur demande, à mettre en œuvre les dispositions de la présente déclaration.
380 Document de la Vingtième Réunion du Conseil ministériel Kyiv 2013
I. Déclarations du Conseil ministériel
Déclaration ministérielle sur le renforcement des efforts déployés par l’OSCE pour faire face aux menaces transnationales
Nous, membres du Conseil ministériel de l’OSCE, conscients du caractère évolutif des menaces transnationales dans la région de l’OSCE et au-delà, ainsi que de la nécessité d’apporter des réponses internationales collectives et efficaces, coordonnées et fondées sur une approche trans- dimensionnelle, (…),
Louons les activités menées par les États participants de l’OSCE en vue de renforcer la coopération face aux menaces transnationales dans des domaines comme le contre-terrorisme, la lutte contre la criminalité organisée, la traite des êtres humains et les drogues illicites, les activités relatives à la police ainsi que la sécurité et la gestion des frontières, de même que l’élaboration de mesures de confiance (…) ; (…)
Encourageons les États participants et les structures exécutives compétentes de l’OSCE, dans les limites de leur mandat et des procédures établies, à intensifier les efforts déployés pour assurer une plus grande unité de but et d’action face aux menaces transnationales existantes et émergentes ainsi qu’à poursuivre le dialogue dans ce domaine, notamment lors de conférences thématiques ciblées et pragmatiques à l’échelle de l’OSCE devant être organisées selon qu’il conviendra et, de préférence, tous les ans ;
Invitons les États participants de l’OSCE, avec le soutien au besoin des structures exécutives de l’Or- ganisation, à continuer de développer la coopération avec l’ONU et les autres organisations inter- nationales et régionales compétentes en se fondant sur la Plate-forme de l’OSCE de 1999 pour la sécurité coopérative et avec les partenaires méditerranéens et asiatiques de l’Organisation pour la coopération en vue de rendre l’OSCE encore mieux à même de lutter contre les menaces trans- nationales, notamment avec la participation de la société civile.
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II. Décisions du Conseil ministériel
Décision N° 3/13
Liberté de pensée, de conscience, de religion ou de conviction
Le Conseil ministériel,
Réaffirmant les décisions passées de la CSCE/l’OSCE sur la liberté de pensée, de conscience, de reli- gion ou de conviction, (…), (…)
Résolu à assurer le respect et la jouissance de la liberté de pensée, de conscience, de religion ou de conviction pour tous,
Soulignant que toute personne a droit à la liberté de pensée, de conscience, de religion ou de convic- tion, qui implique la liberté d’avoir ou d’adopter une religion ou une conviction de son choix, de ne pas avoir ou professer de religion et de changer de religion ou de conviction, ainsi que la liberté de manifester sa religion ou sa conviction, individuellement ou en commun, tant en public qu’en privé, par l’enseignement, les pratiques, le culte et l’accomplissement des rites. La liberté de manifester sa religion ou ses convictions ne peut faire l’objet que des seules restrictions prévues par la loi et conformes aux normes internationales,
Réaffirmant les engagements des États participants de respecter la liberté de pensée, de conscience, de religion ou de conviction,
Soulignant le lien qui existe entre la sécurité et le plein respect de la liberté de pensée, de conscience, de religion ou de conviction,
Profondément préoccupé par les actes continus d’intolérance et de violence à l’égard de personnes et de communautés religieuses ou de conviction sur la base de la pensée, de la conscience, de la reli- gion ou de la conviction dans le monde entier,
Soulignant que la liberté de pensée, de conscience, de religion ou de conviction et l’ensemble des autres droits de l’homme et libertés fondamentales sont interdépendants, sont reliés entre eux et se renforcent mutuellement,
Insistant sur le fait qu’il est important de favoriser un climat de tolérance et de respect mutuels entre les croyants de différentes communautés et entre les croyants et les non-croyants,
Demande aux États participants :
À mettre pleinement en œuvre les engagements souscrits dans le cadre de l’OSCE sur la liberté de pensée, de conscience, de religion ou de conviction ;
À mettre pleinement en œuvre leurs engagements de garantir le droit de toutes les personnes de professer et de pratiquer une religion ou une conviction, individuellement ou en commun, tant en public qu’en privé, ainsi que de manifester leur religion ou leur conviction par l’enseignement, les pratiques, le culte et l’accomplissement des rites, grâce notamment à une législation, à une régle- mentation, à des pratiques et à des politiques transparentes et non discriminatoires ;
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À s’abstenir d’imposer des restrictions incompatibles avec les engagements pris dans le cadre de l’OSCE et les obligations internationales en ce qui concerne la pratique d’une religion ou d’une conviction par les personnes et les communautés religieuses ;
À promouvoir et faciliter un dialogue et des partenariats interconfessionnels et interreligieux ouverts et transparents ;
À chercher à prévenir l’intolérance, la violence et la discrimination sur la base de la religion ou de la conviction, y compris contre les chrétiens, les juifs, les musulmans et les membres d’autres religions, et contre les non-croyants, à condamner la violence et la discrimination pour des rai- sons religieuses et à s’efforcer de prévenir les attaques dirigées contre des personnes ou des groupes sur la base de la pensée, de la conscience, de la religion ou de la conviction et de protéger contre de telles attaques ;
À encourager à associer, en temps voulu, les communautés religieuses et de conviction aux débats publics sur les initiatives législatives pertinentes ;
À promouvoir le dialogue entre les communautés religieuses ou de conviction et les organes gou- vernementaux, y compris, si nécessaire, sur les questions liées à l’utilisation des lieux de culte et des biens religieux ;
À prendre des mesures efficaces pour prévenir et éliminer la discrimination contre les personnes ou les communautés religieuses ou de conviction sur la base de la religion ou de la conviction, y compris contre les non-croyants, par les agents publics dans l’exercice de leurs fonctions publiques ;
À adopter des politiques pour promouvoir le respect et la protection des lieux de culte et des monu- ments religieux, des cimetières et des lieux saints contre le vandalisme et la destruction.
Décision N° 4/13
Renforcement des efforts de l’OSCE dans l’application du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE, un accent particulier étant mis sur les femmes, les jeunes et les enfants roms et sintis
Le Conseil ministériel,
Réaffirmant les engagements de l’OSCE à l’égard des Roms et des Sintis, (…), (…)
Reconnaissant que divers efforts tels que l’élaboration et la mise en œuvre de stratégies et de plans d’action nationaux et l’établissement de programmes et de politiques spécifiques visant à amélio- rer la situation des Roms et des Sintis ont été entrepris dans l’espace de l’OSCE et qu’il est essen- tiel de mettre ces initiatives en œuvre au niveau local pour qu’elles se concrétisent,
Prenant note des conclusions et des recommandations pour des actions prioritaires figurant dans le deuxième rapport intérimaire du BIDDH sur la mise en œuvre du Plan d’action visant à amé- liorer la situation des Roms et des Sintis dans l’espace de l’OSCE, qui a été publié en 2013, (…)
Préoccupé par le fait que les Roms et les Sintis continuent à être en butte au racisme et à la vio- lence motivée par des préjugés dans l’espace de l’OSCE,
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Notant, dans ce contexte, que les femmes et les filles roms et sintis sont particulièrement vulné- rables à de multiples formes de discrimination ainsi qu’à la violence et au harcèlement,
Reconnaissant que l’éducation est essentielle pour ouvrir des possibilités accrues de participation égale à la vie sociale, politique, économique et culturelle pour les Roms et les Sintis, et notamment les femmes, les jeunes et les enfants roms et sintis, en particulier les filles, aux fins de l’exercice de leurs droits et de la promotion de leur pleine insertion,
Convaincu que les États participants devraient s’efforcer d’offrir aux Roms et aux Sintis des possi- bilités de contribuer aux politiques qui les touchent et que les Roms et les Sintis devraient être des partenaires et partager la responsabilité dans la mise en œuvre des politiques conçues pour pro- mouvoir et faciliter leur intégration,
Reconnaissant que les droits des femmes roms et sintis et l’égalité entre les hommes et les femmes, en particulier, doivent être soutenus et favorisés par les politiques et les institutions étatiques, avec la participation active des femmes roms et sintis,
Considérant que les jeunes et les enfants roms et sintis constitueront à l’avenir les principales parties prenantes dans la promotion de l’insertion des Roms et des Sintis ainsi que de leurs communau- tés, de même que dans celle de leur pleine participation à la vie sociale, civique, politique, écono- mique et culturelle des sociétés dans lesquelles ils vivent,
Demande aux États participants :
1. De renforcer les efforts qu’ils déploient pour appliquer le Plan d’action visant à améliorer la situa- tion des Roms et des Sintis dans l’espace de l’OSCE, grâce notamment à un meilleur suivi et à une meilleure évaluation des stratégies, politiques et mesures relatives à l’intégration des Roms et des Sintis ;
2. D’éviter que les Roms et les Sintis ne continuent à être marginalisés et exclus et de s’attaquer à la montée de la discrimination et des manifestations violentes d’intolérance à l’égard des Roms et des Sintis, y compris les migrants roms et sintis : 2.1 En renforçant les efforts qu’ils déploient pour promouvoir la tolérance et lutter contre les pré- jugés à l’égard des Roms et des Sintis ; 2.2 En condamnant sans équivoque et publiquement toute violence visant les Roms et les Sintis ; 2.3 En luttant contre les stéréotypes négatifs des Roms et des Sintis dans les médias, compte tenu des engagements pertinents de l’OSCE en matière de liberté des médias ; 2.4 En promulguant ou en renforçant, si nécessaire, la législation et les mesures de politique géné- rale visant à s’attaquer à la discrimination et à la criminalité motivée par des préjugés à l’égard des Roms et des Sintis ; 2.5 En rendant les organismes et les agents de répression mieux à même d’identifier les crimes de haine contre les Roms et les Sintis, de rassembler des données les concernant, d’enquêter à leur sujet et de poursuivre leurs auteurs ; 2.6 En prenant les mesures nécessaires pour faire en sorte que les victimes de discriminations et de manifestations violentes d’intolérance à l’égard des Roms et des Sintis aient accès à des recours efficaces, par le biais de procédures judiciaires, administratives, de médiation et de conciliation ; 2.7 En renforçant la participation des Roms et des Sintis à l’élaboration, à la mise en œuvre et à l’évaluation des politiques qui les touchent, et notamment en favorisant une participation politique
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des Roms et des Sintis et en fournissant un appui pour l’éducation des électeurs parmi les Roms et les Sintis ; 2.8 En favorisant un dialogue inclusif au sein de la société afin de sensibiliser davantage au rôle que l’intolérance et la discrimination à l’égard des Roms et des Sintis peuvent jouer en menaçant la cohésion, la stabilité et la sécurité de la société ; 2.9 En s’attaquant aux causes profondes de la discrimination et de l’intolérance à l’égard des Roms et des Sintis, grâce notamment à un renforcement des efforts globaux d’éducation et de sensibili- sation visant à lutter contre les préjugés et à promouvoir le respect et la compréhension mutuels ; 2.10 En soutenant la société civile dans les efforts qu’elle déploie pour représenter les Roms et les Sintis victimes de crimes de haine et de discrimination et pour leur prêter assistance ; 2.11 En prenant les mesures nécessaires pour accroître la participation et l’implication actives des Roms et des Sintis dans la promotion de leur insertion sociale ; 2.12 En prenant des mesures pour assurer la sécurité, le bien-être et la santé des femmes, des jeunes et des enfants roms et sintis, et notamment en s’attaquant à la violence domestique, aux mariages précoces et à la traite des êtres humains, y compris, si nécessaire, en donnant accès à une aide à la réinsertion ;
3. De cibler leurs efforts et les ressources nécessaires sur l’éducation en tant que facteur important pour améliorer la situation des Roms et des Sintis et promouvoir leur intégration sociale et écono- mique accrue par des moyens qui pourraient consister notamment : 3.1 À prendre des mesures actives pour assurer l’égalité d’accès et la participation des jeunes et des enfants roms et sintis à tous les niveaux de l’enseignement public, notamment aux niveaux de l’en- seignement pré-primaire, primaire et secondaire ; 3.2 À s’attaquer au taux élevé d’abandon scolaire des élèves roms et sintis des écoles secondaires et à prêter dûment attention aux problèmes particuliers que rencontrent les filles roms et sintis à cet égard, tout en prenant des mesures actives pour encourager la participation des jeunes roms et sintis aux niveaux supérieurs d’enseignement ; 3.3 À favoriser un accès accru des élevés roms et sintis à l’enseignement tertiaire et à prendre des mesures appropriées pour qu’ils puissent s’y inscrire plus facilement, notamment par le biais de programmes de bourses ; 3.4 À promouvoir l’établissement de programmes d’intégration des Roms et des Sintis aux niveaux national et local, et notamment de programmes d’enseignement et de cours supplémentaires por- tant entre autres sur la culture et l’histoire des Roms et des Sintis ; 3.5 À redoubler d’efforts en vue d’éliminer la ségrégation des Roms et des Sintis dans l’enseigne- ment à tous les niveaux ;
4. De prendre des mesures actives pour soutenir l’autonomisation des femmes roms et sintis, notamment : 4.1 En intensifiant les efforts qu’ils déploient pour faire en sorte que les femmes roms et sintis puissent jouir de leurs droits de l’homme et les exercer et en accroissant les efforts de lutte contre la discrimination à leur égard à tous les niveaux, y compris, si nécessaire, dans les domaines de l’en- seignement, de l’emploi, des soins de santé et du logement, et en engageant un partenariat avec les organisations roms et sintis de la société civile et avec les Roms et les Sintis à cette fin ; 4.2 En favorisant une participation efficace et égale des femmes roms et sintis à la vie publique et politique, grâce notamment à la promotion de l’accès des femmes à la fonction publique, à l’ad- ministration publique et aux postes de décision ;
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4.3 En encourageant l’égalité d’accès des femmes roms et sintis aux possibilités d’emploi, de stage et de mentorat ; 4.4 En ciblant, s’il y a lieu, des mesures particulières sur la promotion de l’égalité d’accès et la par- ticipation des filles roms et sintis à l’enseignement à tous les niveaux ;
5. D’encourager les structures exécutives compétentes de l’OSCE à intensifier leurs activités des- tinées à renforcer les capacités des organisations de femmes et de jeunes roms et sintis, en vue de favoriser l’autonomisation, l’éducation et la non-discrimination parmi les femmes et les jeunes roms et sintis, ainsi que d’encourager la participation des femmes et des jeunes roms et sintis sur un pied d’égalité avec les hommes dans tous les domaines qui les intéressent ;
Appelle à la poursuite de la coordination au sein de l’OSCE et de la coopération avec les acteurs internationaux compétents en vue de renforcer les efforts de l’OSCE dans l’application du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE ;
Encourage l’Assemblée parlementaire de l’OSCE à poursuivre ses efforts visant à améliorer la situa- tion des Roms et des Sintis dans l’espace de l’OSCE.
Décision N° 7/13
Lutte contre la traite des êtres humains
Le Conseil ministériel,
Réaffirmant les engagements pertinents pris dans le cadre de l’OSCE de 2000 à 2008 ainsi que la Déclaration ministérielle de Vilnius de 2011 sur la lutte contre toutes les formes de traite des êtres humains,
Réitérant la valeur stratégique du Plan d’action de l’OSCE de 2003 pour lutter contre la traite des êtres humains, qui formule, à l’intention des États participants, des recommandations de pointe sur les mesures à prendre aux niveaux international et national en matière de poursuites, de pré- vention et de protection et qui guide les activités des structures exécutives compétentes de l’OSCE,
Profondément préoccupé par l’accroissement sensible de toutes les formes de TEH, aux niveaux tant transnational qu’interne, et réaffirmant la nécessité particulière de prendre des mesures plus vigou- reuses pour faire face aux tendances et modalités actuelles et émergentes difficiles en matière de TEH,
Approuve l’adoption de l’Additif au Plan d’action de l’OSCE pour lutter contre la traite des êtres humains : une décennie plus tard par la Décision no 1107 du Conseil permanent, et considère l’Ad- ditif : une décennie plus tard comme faisant partie intégrante du Plan d’action de l’OSCE de 2003 pour lutter contre la traite des êtres humains.
386 Document de la Vingt et unième Réunion du Conseil ministériel Bâle 2014
I. Déclarations du Conseil ministériel
Déclaration sur la jeunesse
Nous, membres du Conseil ministériel de l’Organisation pour la sécurité et la coopération en Europe, rappelons les engagements de l’OSCE concernant la jeunesse et les enfants, qui sont énoncés dans l’Acte final de Helsinki et les autres décisions pertinentes de l’Organisation, et prenons note des efforts d’autres organisations internationales, en particulier de l’Organisation des Nations Unies, à cet égard.
Nous reconnaissons que la jeunesse et les enfants demandent une attention particulière et qu’il faudrait répondre à leurs besoins, préoccupations et intérêts d’une manière globale.
Nous reconnaissons le potentiel des jeunes personnes à contribuer au développement économique, politique et social et leur capacité de soutenir les États participants dans la mise en œuvre des enga- gements concernant les trois dimensions de l’OSCE.
Nous prenons note de l’initiative de la Présidence suisse relative à la jeunesse au sein de l’OSCE.
Déclaration sur le renforcement des efforts de lutte contre l’antisémitisme
Nous, membres du Conseil ministériel de l’Organisation pour la sécurité et la coopération en Europe, rappelons la Conférence de l’OSCE sur l’antisémitisme tenue à Berlin en 2004, lors de laquelle les États participants de l’OSCE ont condamné toutes les manifestations d’antisémitisme et se sont engagés à mettre en œuvre des efforts concertés afin de lutter contre l’antisémitisme dans tout l’espace de l’OSCE.
Nous sommes préoccupés par le nombre déconcertant d’incidents antisémites qui continuent de se produire dans l’espace de l’OSCE et demeurent un défi à la stabilité et à la sécurité.
Nous rejetons et condamnons les manifestations d’antisémitisme, d’intolérance et de discrimina- tion envers les juifs.
Nous rappelons l’engagement de respecter les droits de l’homme et les libertés fondamentales de chacun, sans distinction de race, sexe, langue ou religion, tel qu’énoncé dans la disposition per- tinente de l’Acte final de Helsinki de 1975.
Nous nous félicitons de la Déclaration de Berlin de la Présidence en exercice de l’OSCE, adoptée en 2004, et réaffirmons les engagements pertinents de l’OSCE.
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Nous prenons note des conclusions de la Présidence suisse de l’OSCE à l’occasion du dixième anni- versaire de la conférence de Berlin sur l’antisémitisme.
Nous reconnaissons la contribution essentielle de la société civile pour ce qui est de prévenir l’an- tisémitisme, (…),
Nous soulignons l’importance de la collaboration entre les États et la société civile à travers des partenariats efficaces ainsi qu’un dialogue et une coopération renforcés en matière de lutte contre l’antisémitisme.
Nous déclarons sans ambiguïté que les développements internationaux, notamment au Moyen- Orient, ne sauraient jamais justifier l’antisémitisme.
Nous appelons les dirigeants politiques, religieux et de la société civile à engager un débat ouvert afin de lutter contre l’antisémitisme et le prévenir, tout en respectant pleinement les libertés fon- damentales et les droits de l’homme.
Nous appelons les États participants :
À encourager les dirigeants politiques et les personnalités publiques à s’exprimer résolument et rapi- dement lorsque surviennent des incidents antisémites ;
À promouvoir des programmes éducatifs consacrés à la lutte contre l’antisémitisme et fournir aux jeunes personnes la possibilité de s’instruire sur les droits de l’homme, notamment sur le thème de l’antisémitisme ;
À renforcer les efforts de mise en œuvre des engagements existants de l’OSCE concernant le suivi des crimes de haine et la collecte des données pertinentes, notamment en ce qui concerne les crimes de haine à motivation antisémite ;
À enquêter efficacement, rapidement et impartialement sur les actes de violence motivés par l’an- tisémitisme et poursuivre les coupables ;
À promouvoir et faciliter un dialogue et des partenariats interculturels, interconfessionnels et inter- religieux ouverts et transparents ;
À encourager l’association des communautés religieuses et confessionnelles au débat public sur les initiatives législatives pertinentes.
Nous appelons le BIDDH :
À fournir aux États participants les meilleures pratiques en matière d’efforts de lutte contre l’an- tisémitisme, notamment en consultant la société civile, afin d’identifier efficacement les manifes- tations contemporaines d’antisémitisme et de réagir en conséquence ;
À faciliter la coopération entre les responsables gouvernementaux et la société civile sur les ques- tions liées à l’antisémitisme, y compris les crimes de haine et la mémoire de l’Holocauste ;
À aider les États participants dans leurs efforts de collecte de données sur les crimes de haine anti- sémites, en coopération avec la société civile, en tant que de besoin ;
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À faciliter l’échange des meilleures pratiques entre les États participants sur les initiatives éduca- tives et d’autres mesures prises pour sensibiliser à l’antisémitisme et surmonter les obstacles à l’en- seignement de l’Holocauste ;
À promouvoir le dialogue et renforcer la capacité de la société civile de favoriser le respect et la com- préhension réciproques afin de faire avancer la cause de la coopération entre différentes commu- nautés.
Nous soulignons le travail effectué par les trois représentants personnels sur les questions de tolé- rance dans le but de soutenir les efforts généraux de l’OSCE en matière de lutte contre l’intolérance et la discrimination, notamment à travers leurs visites de pays, les recommandations qui en ont résulté et leurs rapports au Conseil permanent de l’OSCE.
Nous encourageons les États participants à élaborer des déclarations du Conseil ministériel sur le renforcement des efforts de lutte contre l’intolérance et la discrimination, y compris envers les musulmans, les chrétiens et les membres d’autres religions.
II. Décisions du Conseil ministériel
Décision N° 5/14
Prévention de la corruption
Le Conseil ministériel,
Réaffirmant les engagements de l’OSCE relatifs à la lutte contre la corruption, (…),
Conscient que la corruption à tous les niveaux constitue une source potentielle de tension poli- tique qui compromet la stabilité et la sécurité des États participants, menace les valeurs partagées de l’OSCE et facilite l’activité criminelle,
Convaincu qu’une prévention plus efficace de la corruption favorise la bonne gouvernance dans tous les secteurs publics, renforce la confiance dans les institutions publiques, accroît la responsa- bilité sociale des entreprises dans le secteur privé, améliore la croissance économique et contribue à la stabilité sociale et à la sécurité,
Réaffirmant que la liberté d’information et l’accès à l’information favorisent l’ouverture et la res- ponsabilisation dans les politiques et les achats publics et permettent à la société civile, y compris les médias, de contribuer à la prévention et à la lutte contre la corruption, le financement du ter- rorisme ainsi que le blanchiment d’argent et ses infractions sous-jacentes,
Soulignant le rôle central que jouent les organes chargés de l’application des lois et les institutions judiciaires dans la prévention et la lutte contre la corruption,
Considérant que la capacité d’un média indépendant d’effectuer une enquête et d’en publier les résultats, dans le respect de la législation nationale et des engagements internationaux, sans crainte d’être poursuivi, d’être persécuté ou de subir un préjudice physique, est fondamentale pour pré- venir et combattre la corruption à tous les niveaux et dans tous les secteurs,
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Considérant que la prestation de services publics de manière efficace, accessible, responsable et transparente est un des éléments clés de l’instauration d’un environnement anticorruption dans le secteur public,
Conscient de l’importance des efforts de renforcement des capacités pour prévenir et combattre efficacement la corruption,
Conscient de l’importance de la coopération internationale entre les organes nationaux de lutte contre la corruption pour l’échange des meilleures pratiques, la poursuite du développement des mesures anticorruption et l’échange de connaissances entre les praticiens de la lutte contre la cor- ruption,
Se félicitant du fait que presque tous les États participants ont ratifié la Convention des Nations Unies contre la corruption (CNUCC) ou y ont adhéré et s’emploient à s’acquitter de leurs engage- ments découlant de cette convention,
Soulignant l’importance de la coopération avec d’autres organisations internationales compétentes dans la prévention et la lutte contre la corruption,
Encourage les États participants :
À continuer de développer et d’appliquer la législation et les politiques de prévention de la cor- ruption, ainsi qu’à instaurer et à promouvoir des mesures et des outils pratiques de lutte contre la corruption sous toutes ses formes et à tous les niveaux pour les secteurs tant privé que public et pour d’autres parties prenantes ;
À prendre des mesures pour améliorer la transparence, la responsabilisation et l’état de droit dans l’administration publique, conformément aux principes fondamentaux de leurs systèmes juridiques, au moyen notamment de l’introduction de mesures efficaces facilitant l’accès du public à l’infor- mation et de la promotion de la prestation de services publics efficaces ;
À adopter, maintenir et renforcer des systèmes qui préviennent les conflits d’intérêts dans le sec- teur public, notamment, par exemple, en réglant les conflits d’intérêts grâce à des codes de conduite exécutoires ainsi qu’en instituant et renforçant des systèmes de déclaration du patrimoine appli- cables aux agents publics et aux personnes politiquement exposées, conformément aux principes fondamentaux de leur droit interne, et à assurer un environnement juste et concurrentiel pour le recrutement dans le secteur public, de manière à accroître la transparence et l’intégrité dans l’administration publique ;
À favoriser la participation du secteur privé, des organisations de la société civile, des médias et du monde universitaire, notamment au moyen d’un soutien des structures exécutives de l’OSCE, en conformité avec leurs mandats, à l’élaboration de stratégies et politiques nationales anticor- ruption et à en soutenir l’application ultérieure ;
À promouvoir une culture d’intégrité, de transparence et de responsabilisation, dans tous les sec- teurs de la société, afin de contribuer à la prévention de la corruption ;
À reconnaître le rôle important que jouent les lanceurs d’alerte dans la détection et la prévention de la corruption et la défense de l’intérêt public et à intensifier les efforts nationaux individuels pour assurer une protection suffisante aux lanceurs d’alerte ;
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À contribuer au renforcement des mesures de sensibilisation à la corruption dans tous les secteurs de la société, en dispensant des programmes de formation et d’éducation dans le domaine de la pré- vention de la corruption et de l’intégrité, une attention particulière étant accordée à la jeunesse, et en reconnaissant le rôle joué à cet égard par une société civile engagée et bien informée et par des médias indépendants, libres et pluralistes ;
À prendre les mesures nécessaires, conformément aux principes fondamentaux de leurs sys- tèmes juridiques, pour instituer ou améliorer des systèmes appropriés d’achats publics fondés sur la transparence, la concurrence et des critères décisionnels objectifs qui soient efficaces pour pré- venir la corruption ;
À soutenir des mesures visant à renforcer l’intégrité de la magistrature et à prévenir les possibili- tés de corruption parmi les membres de la magistrature et des services de poursuite ;
À mettre en œuvre et respecter les normes internationales pertinentes en matière de lutte contre la corruption, par exemple celles qu’énoncent la Convention des Nations Unies contre la corrup- tion et, le cas échéant, les conventions de l’OCDE et du Conseil de l’Europe sur la corruption, et à contribuer à l’intensification de la participation de la société civile à leur application comme le prévoient ces conventions ;
À instituer et appliquer des sanctions et des pénalités administratives efficaces, proportionnées et dissuasives pour pénaliser la corruption dans le cas des personnes physiques et, s’il y a lieu, des personnes morales, en vue de décourager et d’endiguer la corruption ;
À faciliter le recouvrement des biens volés dans le cadre des mesures nationales et dans celui de la coopération internationale et, le cas échéant, régionale, et à assurer la transparence sur la pro- priété réelle ;
À recourir aux outils, principes directeurs et projets disponibles de l’OSCE dans la prévention et la lutte contre la corruption ;
Encourage les structures exécutives compétentes de l’OSCE, y compris, s’il y a lieu, les opéra- tions de terrain, conformément à leurs mandats et dans la limite des ressources existantes, à faci- liter l’échange de meilleures pratiques de prévention de la corruption entre les États participants, à leur demande ;
Charge les structures exécutives de l’OSCE, en particulier le Bureau du Coordonnateur des activi- tés économiques et environnementales de l’OSCE et, s’il y a lieu, les opérations de terrain, en coo- pération avec les partenaires internationaux compétents, (…), d’aider les États participants, dans la limite des ressources existantes et à leur demande, à mettre ces engagements en œuvre dans le cadre de la CNUCC et à définir des politiques nationales, à échanger les meilleures pratiques et à exécuter des activités et des projets de renforcement des capacités dans le domaine de la pré- vention et de la lutte contre la corruption ;
Charge les structures exécutives de l’OSCE, en particulier le Bureau du Coordonnateur des activi- tés économiques et environnementales de l’OSCE et, s’il y a lieu, les opérations de terrain de l’Or- ganisation, de promouvoir, dans la limite des ressources dont ils disposent et de leurs mandats, les outils et les principes directeurs existants de l’OSCE concernant la lutte et la prévention en matière de corruption ; (…)
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Décision N° 7/14
Prévenir et combattre la violence à l’égard des femmes
Le Conseil ministériel,
Réaffirmant l’engagement de respecter les droits de l’homme et les libertés fondamentales pour tous, sans distinction de race, de sexe, de langue ou de religion, (…),
Rappelant que l’exercice entier et en toute égalité, par les femmes, de leurs droits fondamentaux est indispensable pour rendre l’espace de l’OSCE plus pacifique, plus prospère et plus démocratique et que les États participants de l’OSCE ont à cœur de faire de l’égalité entre hommes et femmes une partie intégrante de leurs politiques, à la fois à leur niveau et au sein des structures exécu- tives de l’Organisation, comme cela avait été déclaré au Sommet d’Istanbul de l’OSCE en 1999,
Réaffirmant que la dignité intrinsèque de l’individu est au cœur d’une sécurité globale, (…),
Réaffirmant tous les engagements pertinents de l’OSCE, notamment ceux qui figurent dans sa Déci- sion no 14/04 sur le Plan d’action pour la promotion de l’égalité entre les sexes et dans sa Décision no 15/05 intitulée « Prévenir et combattre la violence à l’égard des femmes », (…)
Rappelant que les engagements de l’OSCE concernant les droits de l’homme et l’égalité entre les sexes sont inspirés du cadre international relatif aux droits de l’homme, notamment la Conven- tion sur l’élimination de toutes les formes de discrimination à l’égard des femmes
Prenant note des initiatives internationales et régionales visant à lutter contre la violence sexuelle, en particulier dans les conflits armés, (…)
Profondément préoccupé par la persistance de la violence à l’égard des femmes, considérée comme une des violations les plus répandues des droits fondamentaux dans l’espace de l’OSCE, qui se mani- feste sous la forme de violence physique, sexuelle et psychologique, et réaffirmant la nécessité parti- culière de prendre des mesures plus vigoureuses pour prévenir et combattre la violence à l’égard des femmes, pour laquelle l’inégalité entre les sexes peut être un des principaux facteurs contributifs,
Réaffirmant l’importance d’une responsabilisation effective concernant la violence à l’égard des femmes et des enfants, y compris la violence, les abus et l’exploitation sexuels, ainsi que de prendre des mesures adéquates pour lutter contre cette violence,
Appelle les États participants à prendre les mesures ci-après de lutte et de prévention contre la vio- lence à l’égard des femmes dans les domaines de l’élaboration de cadres et de partenariats juri- diques, de la prévention de la violence à l’égard des femmes et de la poursuite des auteurs, ainsi que de la protection des victimes ;
Appelle les États participants à garantir pour toutes les femmes la protection et le plein respect des droits et libertés fondamentaux ;
Condamne fermement toutes les formes de violence à l’égard des femmes en s’abstenant de la jus- tifier, comme indiqué dans la Déclaration sur l’élimination de la violence à l’égard des femmes ;
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(A) Cadre juridique
1. Demande aux États participants :
À demander, selon qu’il conviendra, des avis élaborés par le BIDDH sur les cadres juridiques et poli- tiques pour prévenir et combattre la violence à l’égard des femmes, y compris la violence domestique ;
Recueillir, tenir à jour et rendre publiques des données et des statistiques fiables, comparables, À collecter, conserver et rendre publiques des données factuelles et des statistiques fiables, compa rables, désagrégées et globales concernant toutes les formes de violence à l’égard des femmes, y com- pris la violence sexuelle et domestique, tout en veillant au respect de leurs lois relatives à la pro- tection des données, et à inclure des informations relatives au nombre de cas signalés aux organes chargés de l’application de la loi, au nombre de cas ayant fait l’objet d’une enquête et de poursuites et aux peines imposées ;
À aligner la législation nationale sur les normes internationales pertinentes qu’ils ont adoptées, s’ils ne l’ont pas déjà fait, et sur les engagements souscrits dans le cadre de l’OSCE relatifs à toutes les formes de violence à l’égard des femmes, ainsi qu’à tenir compte des meilleures pratiques lors- qu’ils adoptent une législation pertinente ;
À envisager de signer et de ratifier les instruments régionaux et internationaux pertinents, tels que la Convention du Conseil de l’Europe sur la prévention et la lutte contre la violence à l’égard des femmes et la violence domestique, selon qu’il conviendra.
2. Charge les structures exécutives de l’OSCE, dans la limite de leurs mandats, de faire ce qui suit :
Promouvoir l’échange de meilleures pratiques concernant la législation relative à la lutte contre toutes les formes de violence à l’égard des femmes.
(B) Prévention
3. Encourage les États participants :
À renforcer les efforts d’ouverture vers le public grâce à des campagnes d’information et de sen- sibilisation de ce dernier, afin de lutter contre les stéréotypes, les attitudes et les préjugés négatifs qui contribuent à toutes les formes de violence à l’égard des femmes ;
À prendre des mesures appropriées pour accroître l’engagement et la participation des hommes et des garçons dans la prévention et l’élimination de toutes les formes de violence à l’égard des femmes, y compris la violence sexuelle et domestique ;
À prendre des mesures pour sensibiliser davantage au cercle vicieux de la violence qui pourrait résul- ter de la violence physique, sexuelle et psychologique subie au cours de l’enfance et de l’adolescence ;
À élaborer des programmes pour travailler avec les auteurs de violences contre les femmes, tant pendant leur peine qu’après, afin d’éviter une récidive ;
À dispenser un traitement, des conseils et des cours de formation et autres mesures afin de préve- nir la revictimisation et le traumatisme, y compris pendant les procédures judiciaires.
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4. Charge les structures exécutives de l’OSCE, dans la limite de leurs mandats, de faire ce qui suit :
Améliorer la coopération avec les parties prenantes pertinentes des organisations internationales et régionales dans le cadre des efforts visant à collecter des données et des statistiques ventilées par sexe sur toutes les formes de violence à l’égard des femmes dans l’espace de l’OSCE ;
Aider les États participants, à leur demande, dans le cadre de leurs efforts visant à promouvoir des approches globales, efficaces et factuelles pour lutter contre toutes les formes de violence à l’égard des femmes, y compris la violence sexuelle et domestique, et à mieux répondre aux besoins de toutes les victimes.
(C) Protection
5. Encourage les États participants :
À veiller à ce que les victimes de toutes les formes de violence à l’égard des femmes reçoivent une information adéquate et en temps opportun sur les mesures légales et les services de soutien dis- ponibles, tels que les centres de crise en cas de violences, les refuges ou autres structures perti- nentes, ainsi que des soins de santé, et à en assurer la facilité d’accès ;
À promouvoir des programmes et des activités qui autonomisent et soutiennent les femmes ayant été victimes de violences.
6. Charge les structures exécutives de l’OSCE, dans la limite de leurs mandats, de faire ce qui suit :
Aider les États participants, à leur demande, à renforcer leurs capacités de protéger les victimes de toutes les formes de violence à l’égard des femmes ;
Faciliter l’échange entre États participants d’informations, de données d’expérience et de meil- leures pratiques concernant la protection ;
Fournir une assistance technique aux États participants qui en font la demande pour l’organisation de services de soutien tels que permanences téléphoniques, centres de crise, etc. ;
Offrir aux États participants intéressés des cours de formation spécialisés à l’intention de leurs pro- fessionnels pertinents ayant affaire aux victimes ou aux auteurs de toutes les formes de violence à l’égard des femmes, y compris la violence sexuelle et domestique.
(D) Poursuites
7. Encourage les États participants :
À renforcer les efforts visant à enquêter sur les auteurs de toutes les formes de violence à l’égard des femmes, à les poursuivre et à les punir, ainsi qu’à fournir aux victimes une protection et des recours appropriés ;
À assurer l’élaboration et l’application effective d’une législation qui criminalise la violence à l’égard des femmes et qui prévoie des mesures de prévention et de protection, telles que des ordonnances d’urgence d’interdiction et des ordonnances de protection, là où celles-ci existent, ainsi que la réa- lisation d’enquêtes sur les auteurs, l’ouverture de poursuites à leur égard et leur condamnation appropriée, notamment en vue de mettre fin à l’impunité.
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(E) Partenariat
8. Encourage les États participants :
À élaborer des politiques nationales globales et coordonnées visant à combattre toutes les formes de violence à l’égard des femmes, incluant tous les acteurs pertinents, tels que les services de répres- sion et le secteur de la justice, les parlements, les institutions nationales des droits de l’homme, les services de santé et les services sociaux, ainsi que les organisations de la société civile.
9. Charge les structures exécutives de l’OSCE, dans la limite de leurs mandats, de faire ce qui suit :
Renforcer la coopération avec les parties prenantes pertinentes des organisations internationales et régionales ;
Faciliter l’échange d’informations, de données d’expérience et de meilleures pratiques entre les États participants et toutes les parties prenantes pertinentes en ce qui concerne la lutte contre toutes les formes de violence à l’égard des femmes.
Décision N° 8/14
Additif au Plan d’action 2004 de l’OSCE pour la promotion de l’égalité entre les sexes
Le Conseil ministériel,
Réaffirmant tous les engagements pertinents souscrits dans le cadre de l’OSCE et, en particulier, le Plan d’action de l’OSCE de 2004 pour la promotion de l’égalité entre les sexes (MC.DEC/14/04),
Conscient des progrès accomplis dans la mise en œuvre du Plan d’action de l’OSCE de 2004 pour la promotion de l’égalité entre les sexes depuis son adoption,
Conscient qu’il est nécessaire d’apporter de nouvelles améliorations au processus en cours, ainsi qu’il a été noté à la Conférence d’examen de haut niveau sur les questions d’égalité entre les sexes consacrée aux progrès réalisés et aux lacunes constatées dans la mise en œuvre des engagements pertinents de l’OSCE, qui s’est tenue à Vienne en juillet 2014,
Charge les États participants :
D’élaborer un additif à sa Décision N° 14/04 relative au Plan d’action de l’OSCE pour la promo- tion de l’égalité entre les sexes, devant être présenté au Conseil permanent pour adoption en 2015.
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Déclarations du Conseil ministériel
Déclaration ministérielle sur la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme
Nous, Ministres des affaires étrangères des États participants de l’Organisation pour la sécurité et la coopération en Europe,
Rappelant les documents pertinents de l’OSCE adoptés dans le domaine de la lutte contre le ter- rorisme, (…),
Soulignant notre condamnation résolue et sans réserve du terrorisme et de l’extrémisme violent ainsi que notre profonde solidarité avec toutes les victimes du terrorisme,
Réaffirmant l’engagement des États participants de collaborer afin de prévenir les actes liés au ter- rorisme, y compris leur financement, de les réprimer, d’enquêter à leur sujet et d’en poursuivre les auteurs, et soulignant leur ferme détermination à combattre le terrorisme sous toutes ses formes et dans toutes ses manifestations, en tant que crime qui n’a aucune justification, quelle qu’en soit la motivation ou l’origine, et que le terrorisme et l’extrémisme violent ne peuvent et ne sauraient être associés à une race, un groupe ethnique, une nationalité ou une religion quelconques,
S’inquiétant particulièrement que des jeunes, y compris des enfants, sont radicalisés au terrorisme et recrutés comme combattants terroristes étrangers, et reconnaissant qu’il importe d’œuvrer avec la jeunesse afin de prévenir et de combattre la radicalisation de jeunes au terrorisme,
Condamnant vigoureusement les manifestations d’intolérance, notamment sur la base de la reli- gion ou de la conviction, réaffirmant la volonté des États participants de promouvoir la tolérance et la non-discrimination, le respect mutuel et la compréhension au sein de leurs sociétés, et réaf- firmant notre engagement de promouvoir et de protéger les droits de l’homme et les libertés fon- damentales, y compris la liberté d’expression et la liberté de pensée, de conscience, de religion ou de conviction,
Exprimant notre profonde préoccupation devant le fait que certains crimes graves commis par des terroristes et des groupes terroristes, notamment des combattants terroristes étrangers, ont visé des personnes ou des groupes sur la base de leur appartenance ethnique, de leur religion ou de leur conviction, et notant le rôle que la discrimination et l’intolérance peuvent jouer pour ali- menter l’extrémisme violent et la radicalisation qui conduisent au terrorisme,
Soulignant l’engagement des États participants de prendre les mesures nécessaires pour protéger les personnes relevant de leur juridiction contre les actes de terrorisme et d’agir énergiquement pour
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lutter contre le terrorisme et les combattants terroristes étrangers, (…), à l’appui des engagements pertinents que nous avons souscrits dans le cadre de l’OSCE et conformément aux obligations applicables en vertu du droit international, y compris le droit international des droits de l’homme, le droit international des réfugiés et le droit international humanitaire,
Condamnant vigoureusement la destruction de sites du patrimoine culturel et de sites religieux, notamment la destruction ciblée de sites du patrimoine culturel de l’UNESCO, par des terroristes, des combattants terroristes étrangers associés à l’EIIL et d’autres groupes terroristes,
Conscients du rôle de chef de file joué par l’Organisation des Nations Unies dans les efforts déployés au niveau international pour prévenir et combattre le terrorisme et l’extrémisme violent, ainsi que de l’engagement des États participants d’appliquer pleinement la Stratégie antiterroriste mondiale de l’ONU,
Guidés par notre conviction que la lutte contre le terrorisme et l’extrémisme violent, conformé- ment aux principes et engagements de l’OSCE, demande des efforts d’ensemble et durables pour faire face aux manifestations du terrorisme ainsi qu’aux divers facteurs sociaux, économiques, poli- tiques et autres qui pourraient engendrer une situation permettant aux organisations terroristes de recruter et de se ménager des appuis,
Réaffirmant l’engagement des États participants d’échanger des idées et les meilleures pratiques nationales en ce qui concerne les stratégies et les mesures qu’ils ont adoptées pour combattre l’ex- trémisme violent et la radicalisation qui conduisent au terrorisme, en vue de renforcer la coopé- ration pratique,
Prenant note du fait que la radicalisation au terrorisme et le recrutement de terroristes peuvent intervenir en prison et affirmant en conséquence qu’il importe d’élaborer et de diffuser, selon qu’il conviendra, des directives internationales concernant la réintégration, la réinsertion et la préven- tion de la radicalisation au terrorisme en prison,
Soulignant que les États participants jouent un rôle primordial dans la prévention et la lutte contre le terrorisme et l’extrémisme violent, tout en respectant leurs obligations découlant du droit inter- national,
Soulignant les rôles importants que les jeunes, les familles, les femmes, les victimes du terrorisme, les dirigeants religieux, culturels et pédagogiques, la société civile ainsi que les médias peuvent jouer pour lutter contre le discours extrémiste violent susceptible d’inciter à des actes de terrorisme et pour s’attaquer aux conditions propices à la propagation du terrorisme, notamment en favori- sant le respect mutuel et la compréhension, la réconciliation et la coexistence pacifique entre les cultures et en promouvant et protégeant les droits de l’homme, les libertés fondamentales, les prin- cipes démocratiques et l’état de droit, (…)
Demandons aux États participants :
1. D’accroître encore leurs efforts pour prévenir et combattre l’extrémisme violent et la radicalisa- tion qui conduisent au terrorisme dans leurs pays, en suivant une approche multidimensionnelle et, à cet égard, de mettre à profit, selon qu’il conviendra et si nécessaire, les structures exécutives de l’OSCE, notamment les opérations de terrain, dans la limite de leurs mandats respectifs ;
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2. De renforcer les efforts qu’ils déploient pour combattre et réprimer le financement du terro- risme, (…), et à l’appui des engagements de l’OSCE, en soulignant que toute source de revenus conforte les efforts de recrutement et renforce les capacités opérationnelles d’organiser et de com- mettre des actes de terrorisme ;
3. D’adopter toutes mesures nécessaires et appropriées et conformes aux obligations qui leur incombent en vertu du droit international, notamment en ce qui concerne les droits de l’homme et les libertés fondamentales, pour interdire par la loi l’incitation à commettre des actes de terro- risme et empêcher toute incitation à commettre de tels actes ; ;
4. De coopérer pour prévenir et combattre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, grâce, entre autres, à un renforcement des capacités, à la coordination des plans et des efforts et à la mise en commun des enseignements tirés, notamment pour mettre fin à la fourniture d’armes aux terroristes, prévenir la radicalisation au terrorisme, le recrutement, et la mobilisation de personnes comme terroristes, y compris comme combattants terroristes étrangers ;
5. D’envisager, selon qu’il conviendra, d’élaborer et d’actualiser des stratégies et des plans d’ac- tion antiterroristes nationaux, y compris des politiques et des mesures spécifiques pour prévenir et combattre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, en application des engagements de l’OSCE et conformément à leurs obligations découlant du droit international, y compris le droit des droits de l’homme ;
6. De promouvoir une approche globale à tous les niveaux dans la prévention et la lutte contre l’ex- trémisme violent et la radicalisation qui conduisent au terrorisme, y compris la coordination entre les autorités nationales, la coopération entre les États participants et la coopération avec les orga- nisations internationales et régionales compétentes ;
7. De promouvoir la recherche et l’échange d’informations sur les conditions propices à la pro- pagation de l’extrémisme violent et de la radicalisation qui conduisent au terrorisme et sur les moyens de les combattre ;
8. D’encourager les dirigeants politiques et les personnalités publiques, y compris la société civile et les dirigeants religieux, à contribuer à la prévention et à la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme en dénonçant vigoureusement et rapidement l’ex- trémisme violent et la radicalisation qui conduisent au terrorisme ;
9. De continuer à promouvoir les partenariats public-privé en matière de lutte contre le terrorisme, selon qu’il conviendra, entre les autorités publiques, le secteur privé, la société civile, les membres de communautés religieuses ou leurs représentants, ainsi que les médias, conformément, entre autres, à la Décision no 10/08 du Conseil ministériel afin de combattre l’incitation au terrorisme ainsi que l’extrémisme violent et la radicalisation qui conduisent au terrorisme ;
10. De renforcer la coopération internationale et les partenariats public-privé en vue d’élabo- rer des mesures pratiques de lutte contre l’utilisation de l’Internet et d’autres moyens pour inci- ter à l’extrémisme violent et à la radicalisation qui conduisent au terrorisme et pour recruter des combattants terroristes étrangers. La coopération internationale et les partenariats public-privé en question pourraient favoriser les efforts déployés en matière de communication, y compris par l’intermédiaire des médias sociaux, pour combattre l’envoi de messages extrémistes violents tout en respectant pleinement le droit à la liberté d’opinion et d’expression ;
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11. D’envisager d’élaborer des approches de police de proximité pour prévenir le terrorisme et com- battre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, y compris à l’échelon local, conformément à la législation nationale et au droit international ;
12. D’encourager un dialogue et une coopération interculturels, interconfessionnels et interreligieux ouverts et transparents pour contribuer, entres autres, à renforcer la tolérance, le respect mutuel et la compréhension aux niveaux local, national, régional et international ;
13. De tenir compte du souci d’égalité entre les sexes dans les efforts qu’ils déploient pour lutter contre le terrorisme et pour prévenir et combattre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, en mettant l’accent sur l’autonomisation des femmes et la participation de celles-ci aussi bien que des hommes à ces efforts ;
14. De mobiliser les jeunes et de les faire participer à la prévention et à la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, entre autres : (a) En créant un environnement favorable et des possibilités pour que les jeunes participent en s’y impliquant volontairement et librement à la vie publique et à la promotion des droits de l’homme, des libertés fondamentales, des principes démocratiques, de l’état de droit, de la tolérance, de la non-dis- crimination, du dialogue, du respect mutuel et de la compréhension, et pour que leur accès aux services sociaux soit facilité ; (b) En soutenant les jeunes désireux de contribuer à de tels efforts à travers l’éducation dans les écoles et les établissements d’enseignement supérieur ; (c) En soutenant les initiatives de sensibilisation menées par les jeunes et axées sur eux, notamment par l’intermédiaire de l’Internet et des médias sociaux, pour prévenir et combattre leur radicali- sation au terrorisme et pour promouvoir le respect des droits de l’homme, les libertés fondamen- tales, la tolérance et la non-discrimination ; (d) En promouvant des programmes pour faciliter l’accès des jeunes à l’emploi ;
15. D’envisager de soutenir, notamment par des contributions financières volontaires, les activi- tés menées par l’OSCE dans les trois dimensions de la sécurité qui concourent à l’action mondiale pour prévenir et combattre l’extrémisme violent et la radicalisation conduisant au terrorisme, tout en reconnaissant le rôle de chef de file joué par l’Organisation des Nations Unies ;
16. D’inviter les partenaires de l’OSCE pour la coopération à collaborer activement avec nous pour renforcer notre dialogue et notre coopération dans la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, en respectant et en protégeant les droits de l’homme et les libertés fondamentales dans ce contexte, en prévenant et en combattant les mani- festations d’intolérance et de discrimination, notamment sur la base de la religion ou de la convic- tion, la xénophobie et la violence, ainsi que dans la promotion du dialogue interconfessionnel, interreligieux et interculturel, en prenant note de la Déclaration d’Amman sur la jeunesse, la paix et la sécurité en date du 22 août 2015, et d’encourager les partenaires de l’OSCE pour la coopéra- tion à continuer de s’appuyer le plus possible sur les principes, normes et engagements de l’OSCE ainsi que ses outils pertinents ;
17. Nous encourageons les parlementaires à continuer de dialoguer en vue de renforcer la légis- lation indispensable pour lutter contre le terrorisme et promouvoir la solidarité avec les victimes du terrorisme et les invitons à dénoncer vigoureusement et rapidement l’intolérance, la discrimina- tion, le terrorisme ainsi que l’extrémisme violent et la radicalisation qui conduisent au terrorisme ;
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Demandons aux structures exécutives compétentes de l’OSCE, dans la limite de leurs mandats res- pectifs et des ressources disponibles :
18. De continuer d’apporter leur soutien aux États participants, à leur demande, en matière de pré- vention et de lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, en suivant une approche multidimensionnelle, notamment en ce qui concerne les jeunes, selon qu’il conviendra ;
19. De faciliter l’échange de données d’expérience concrètes et de bonnes pratiques et, sur demande, de fournir une assistance selon qu’il conviendra, afin, entre autres : (a) De promouvoir la recherche et l’échange d’informations sur les conditions favorisant l’extré- misme violent et la radicalisation qui conduisent au terrorisme et sur les moyens de les combattre ; (b) D’élaborer, selon qu’il conviendra, des stratégies et des plans d’action antiterroristes nationaux, y compris des politiques et des mesures pour lutter contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ; (c) D’intégrer un souci d’égalité entre les sexes dans le contexte de la prévention et de la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, en mettant plus particuliè- rement l’accent sur l’autonomisation des femmes et la participation de celles-ci aussi bien que des hommes à ces efforts ; (d) D’aider les États participants à mettre sur pied des activités pratiques, en partenariat avec la société civile et le secteur privé, selon qu’il conviendra, en vue d’appuyer l’élaboration de poli- tiques, d’approches et de stratégies pour prévenir et combattre l’extrémisme violent et la radicali- sation qui conduisent au terrorisme ; (e) De promouvoir l’échange des meilleures pratiques, selon qu’il conviendra, et d’explorer la pos- sibilité d’élaborer des directives internationales sur la réinsertion, la réintégration et la prévention de la radicalisation terroriste dans les prisons ; (f) De mettre en œuvre des approches de police de proximité pour prévenir le terrorisme et lutter contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ; (g) De promouvoir la coopération entre les experts du gouvernement, de la société civile, des uni- versités, des médias et du secteur privé en vue de prévenir et de combattre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ; (h) De renforcer le rôle de la société civile, des femmes, des jeunes et des dirigeants religieux dans la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ; (i) De promouvoir et de protéger les droits de l’homme et les libertés fondamentales, ainsi que l’état de droit, dans le contexte des mesures de prévention du terrorisme et de lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ; (j) De s’attaquer aux facteurs socio-économiques négatifs dans le contexte de la prévention du ter- rorisme et de la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ; (k) D’encourager les initiatives pédagogiques et d’autres mesures pour promouvoir la tolérance et la non-discrimination ainsi que la non-violence et pour sensibiliser le public aux stéréotypes xénophobes, à l’intolérance et à la discrimination et les combattre, dans le cadre des efforts de pré- vention et de lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ; (l) De reconnaître le rôle joué par les médias pour ce qui est de promouvoir un débat pluraliste et d’encourager le professionnalisme et l’autorégulation volontaire dans les médias en vue de favo- riser la tolérance à l’égard de la diversité ethnique, religieuse, linguistique et culturelle, ainsi que
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de prévenir et de combattre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, tout en respectant l’indépendance et la liberté des médias ;
20. De coopérer avec l’Organisation des Nations Unies et d’autres organisations et initiatives inter- nationales et régionales compétentes, d’éviter les doubles emplois et de maximiser les synergies dans la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ;
21. D’apporter un appui aux partenaires pour la coopération, conformément aux besoins et aux prio- rités qu’ils ont recensés, comme stipulé dans la Décision no 5/11 du Conseil ministériel sur les par- tenaires pour la coopération, et conformément aux procédures établies et lorsqu’ils le demandent ; (…)
Déclaration sur la jeunesse et la sécurité
Nous, membres du Conseil ministériel de l’Organisation pour la sécurité et la coopération en Europe, rappelons les engagements de l’OSCE concernant la jeunesse qui sont fondés sur les dispositions pertinentes de l’Acte final de Helsinki.
Nous prenons note des efforts déployés par la présidence actuelle et les présidences précédentes de l’OSCE et insistons sur l’importance de promouvoir la mise en œuvre des engagements de l’OSCE concernant la jeunesse, en particulier dans le domaine de l’éducation, et le rôle que les jeunes peuvent jouer pour aider les États participants à mettre en œuvre les engagements de l’OSCE dans ses trois dimensions.
Nous reconnaissons que la jeunesse et les enfants demandent une attention particulière et qu’il conviendrait de répondre à leurs besoins, préoccupations et intérêts dans leur globalité.
Déclaration ministérielle sur le renforcement des efforts déployés par l’OSCE pour lutter contre le terrorisme à la suite des récentes attentats terroristes
Nous, Ministres des affaires étrangères des États participants de l’Organisation pour la sécurité et la coopération en Europe, sommes horrifiés par les attentats terroristes meurtriers contre des civils qui se sont produits dans tout l’espace de l’OSCE et dans son voisinage en 2015 ; nous présen- tons nos plus sincères condoléances aux familles des victimes et aux peuples et gouvernements qui ont été pris pour cibles, et souhaitons un prompt rétablissement à ceux et celles qui ont été blessés.
Nous condamnons sans équivoque et dans les termes les plus forts tous les attentats terroristes, y compris les meurtres aveugles de civils et le ciblage délibéré d’individus et de communautés, entres autres sur la base de leur religion ou de leur conviction, en particulier par l’État islamique d’Iraq et du Levant, également connu sous le nom de DAECH (EIIL/DAECH), le Front el-Nosra et tous les autres individus, groupes, entreprises et entités associés à Al-Qaida, qui constituent une menace mondiale d’une gravité sans précédent contre la paix et la sécurité internationales.
Nous réaffirmons que le terrorisme, sous toutes ses formes et dans toutes ses manifestations, consti- tue une des menaces les plus graves contre la paix et la sécurité internationales, que tous les actes de terrorisme sont criminels et injustifiables, quels qu’en soient les motivations, le moment et les auteurs, et que le terrorisme ne peut et ne saurait être associé à quelque race, religion, nationalité ou civilisation que ce soit.
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Nous sommes résolus à renforcer nos efforts pour lutter contre la menace du terrorisme, notam- ment la menace que représentent les combattants terroristes étrangers, (...) (…)
Nous réaffirmons notre engagement à rester unis dans la lutte contre le terrorisme et à collaborer pour prévenir et réprimer les actes de terrorisme et pour s’attaquer aux conditions propices à sa propagation, grâce à une solidarité et à une coopération internationales accrues, compte pleinement tenu du rôle central que joue l’Organisation des Nations Unies, et conformément à la Charte des Nations Unies et aux autres obligations découlant du droit international applicable, en particulier le droit international des droits de l’homme, le droit international des réfugiés et le droit interna- tional humanitaire, ainsi qu’à la mise en œuvre intégrale des résolutions du Conseil de sécurité des Nations Unies et de la Stratégie antiterroriste mondiale de l’Organisation des Nations Unies.
Nous soulignons que les mesures antiterroristes efficaces et le respect des droits de l’homme, des libertés fondamentales et de l’état de droit sont complémentaires et se renforcent mutuellement, et que tous sont des éléments essentiels au succès de la lutte contre le terrorisme, et notons qu’il importe de respecter l’état de droit pour prévenir et combattre efficacement le terrorisme.
Nous réaffirmons notre détermination et notre engagement à coopérer pleinement pour prévenir et combattre le terrorisme, conformément à nos obligations découlant du droit international, pour découvrir, priver d’asile et traduire en justice, par voie d’extradition ou de poursuites, quiconque aide ou facilite le financement, la planification, la préparation ou la commission d’actes de terro- risme ou qui tente de le faire ou qui offre l’asile à de tels individus.
Nous insistons sur le fait que le terrorisme ne peut être vaincu que grâce à l’adoption d’une démarche suivie et globale fondée sur la participation et la collaboration actives de l’ensemble des États partici- pants et des organismes internationaux et régionaux compétents, ainsi que, s’il y a lieu, de la société civile, pour contrer, affaiblir, isoler et neutraliser la menace terroriste. (…)
Nous sommes convaincus que la lutte contre le terrorisme, conformément aux principes et aux engagements de l’OSCE, demande des efforts d’ensemble et durables afin de faire face aux mani- festations du terrorisme, ainsi qu’aux divers facteurs sociaux, économiques, politiques et autres, qui pourraient engendrer des conditions permettant aux organisations terroristes de recruter et de se ménager des appuis, tout en reconnaissant qu’aucune de ces conditions ne saurait excuser ou justifier les actes de terrorisme.
Nous réaffirmons la ferme détermination des États participants à protéger les principes fondamen- taux sur lesquels se fonde l’OSCE et à mettre en œuvre tous les engagements de l’Organisation, en particulier ceux ayant trait à la prévention et à la lutte contre le terrorisme, y compris le phé- nomène des combattants terroristes étrangers, à la lutte contre l’extrémisme violent et la radica- lisation qui conduisent au terrorisme, au respect des droits de l’homme et de l’état de droit et à la promotion de la tolérance et de la non-discrimination, du respect mutuel et de la compréhen- sion au sein de nos sociétés.
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I. Déclarations du Conseil ministériel
Déclaration sur le renforcement des efforts déployés par l’OSCE pour prévenir et combattre le terrorisme
1. Nous, Ministres des affaires étrangères des États participants de l’Organisation pour la sécurité et la coopération en Europe, condamnons dans les termes les plus forts possibles, tous les attentats terroristes qui se sont produits dans l’ensemble de l’espace de l’OSCE, ses régions avoisinantes et le monde entier, en particulier en 2016. Nous réaffirmons notre solidarité avec les victimes du terro- risme et soulignons la nécessité de promouvoir la solidarité internationale en soutien à ces dernières et de veiller à ce qu’elles soient traitées avec dignité et respect. Nous présentons nos plus sincères condoléances aux familles des victimes et aux peuples et gouvernements qui ont été pris pour cibles.
2. Nous exprimons notre condamnation sans équivoque et notre indignation devant les meurtres aveugles et le ciblage délibéré de civils, les nombreuses atrocités, les persécutions d’individus et de communautés, entre autres sur la base de leur religion ou de leur conviction, par des organisations terroristes, en particulier le soi-disant État islamique d’Iraq et du Levant, également connu sous le nom de DAECH (EIIL/DAECH), Al-Qaida, le Front el-Nosra/Jabhat Fateh al-Cham, et les per- sonnes, groupes, entreprises ou entités qui leur sont associés.
3. Nous réaffirmons que le terrorisme, sous toutes ses formes et dans toutes ses manifestations, constitue une des menaces les plus graves contre la paix et la sécurité internationales, que tout acte de terrorisme est criminel et injustifiable, quelles qu’en soient les motivations, et que le terrorisme ne peut et ne saurait être associé à quelque race, religion, nationalité ou civilisation que ce soit.
4. Nous soulignons le rôle central joué par l’Organisation des Nations Unies dans la prévention et la lutte contre le terrorisme, et réaffirmons notre engagement de prendre les mesures qui s’im- posent pour protéger toutes les personnes relevant de nos juridictions contre les actes de terrorisme et la nécessité de mener toutes les actions conformément à la Charte des Nations Unies et à toutes les autres obligations en vigueur découlant du droit international, en particulier du droit interna- tional des droits de l’homme, du droit international des réfugiés et du droit international humani- taire, ainsi qu’aux résolutions pertinentes du Conseil de sécurité des Nations Unies. Conformément à ces documents, nous soulignons l’importance de nos engagements au titre de la Stratégie anti- terroriste mondiale de l’Organisation des Nations Unies. Nous prenons note également des docu- ments de bonnes pratiques pertinents adoptés par le Forum mondial de lutte contre le terrorisme.
5. Nous rappelons tous les documents pertinents de l’OSCE adoptés sous les présidences précé- dentes dans le domaine de la prévention et de la lutte contre le terrorisme.
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6. Nous soulignons que les États participants jouent un rôle primordial dans la prévention et la lutte contre le terrorisme ainsi que l’extrémisme violent et la radicalisation qui conduisent au terro- risme, tout en respectant leurs obligations découlant du droit international, en particulier les droits de l’homme et les libertés fondamentales. Nous réaffirmons fermement notre détermina- tion et notre résolution à rester unis dans la prévention et la lutte contre le terrorisme, grâce à une solidarité et à une coopération internationales accrues, ainsi qu’à une approche durable et globale à tous les niveaux pertinents, avec la participation et la coopération actives de tous les États par- ticipants et des organisations internationales et régionales compétentes. Nous reconnaissons que les États participants devraient prendre des mesures conformes aux engagements de l’OSCE, tout en assurant une appropriation nationale, pour s’attaquer aux conditions propices à la propagation du terrorisme, sachant qu’aucune de ces conditions ne saurait excuser ni justifier des actes de ter- rorisme. Dans ce contexte, nous sommes conscients de la nécessité de s’attaquer à la menace que posent les discours utilisés par les terroristes, y compris la justification publique du terrorisme, l’incitation et le recrutement, et appelons les États participants à agir en coopération pour élabo- rer les réponses les plus efficaces à cette menace, en conformité avec le droit international, notam- ment le droit international des droits de l’homme. (…)
8. Nous réaffirmons que ceux qui participent au financement, à la planification, à la préparation ou à la commission d’actes terroristes doivent en être tenus responsables et être traduits en jus- tice sur la base du principe « extrader ou poursuivre », conformément aux obligations découlant du droit international et à la législation interne applicable. Nous réaffirmons notre détermina- tion et notre résolution à coopérer pleinement dans la prévention et la lutte contre le terrorisme, tout en respectant les droits de l’homme et les libertés fondamentales, et en nous conformant aux obligations découlant du droit international. Nous appelons les États à coopérer dans le cadre des efforts visant à faire face à la menace posée par les terroristes, y compris les combattants terro- ristes étrangers et ceux qui sont rentrés dans leur pays, entre autres en élaborant et en appliquant, après les poursuites, des stratégies de réadaptation et de réinsertion.
9. Nous insistons sur l’importance cruciale de l’échange d’informations, en particulier dans les domaines des combattants terroristes étrangers, des documents de voyage volés ou perdus, des armes à feu et des biens culturels pillés ou volés, tels que les antiquités, et encourageons tous les États à utiliser pleinement les mécanismes et les systèmes d’échange de données disponibles aux niveaux multilatéral et bilatéral.
10. Nous soulignons l’importance de la coopération entre les États participants de l’OSCE, notam- ment avec la participation, selon qu’il conviendra, de la société civile, pour prévenir et combattre le terrorisme. Nous soulignons aussi le rôle important que la société civile, en particulier les jeunes, les familles, les femmes, les victimes du terrorisme, les dirigeants religieux, culturels et pédago- giques, ainsi que les médias et le secteur privé peuvent jouer dans la prévention de l’extrémisme violent et de la radicalisation qui conduisent au terrorisme, entre autres en luttant contre les mes- sages terroristes et extrémistes violents et en proposant des alternatives à ces discours, y compris sur l’Internet et sur les médias sociaux et autres. Nous encourageons les dirigeants politiques et les personnalités publiques, y compris de la société civile, ainsi que les dirigeants religieux, à dénoncer vigoureusement et rapidement l’extrémisme violent et la radicalisation qui conduisent au terrorisme. (…)
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12. Nous nous félicitons des activités menées par les structures exécutives de l’Organisation, y com- pris ses institutions, dans la limite de leurs mandats existants et des ressources dont elles disposent, en soutien à la mise en œuvre des engagements de l’OSCE dans le domaine de la prévention et de la lutte contre le terrorisme, conformément à l’approche globale de la sécurité propre à l’OSCE.
13. Nous invitons les partenaires de l’OSCE pour la coopération à s’associer à nous pour soute- nir cette déclaration.
II. Décisions du Conseil ministériel
Décision N° 3/16
Rôle de l’OSCE dans la gouvernance des déplacements massifs de migrants et de réfugiés
Le Conseil ministériel,
Sachant qu’une migration sûre, ordonnée et régulière offre des avantages et des possibilités subs- tantiels et souvent sous-estimés, tout en notant que la migration irrégulière par déplacements massifs pose souvent des défis complexes, et conscient de la contribution économique et sociale substantielle que les migrants et les réfugiés peuvent apporter à une croissance inclusive et à un développement durable,
Reconnaissant le rôle de chef de file joué par l’Organisation des Nations Unies,
Louant les efforts déployés depuis 2015 par les présidences serbe et allemande de l’OSCE pour s’atta- quer plus efficacement aux problèmes liés à la gouvernance de ces déplacements au sein de l’OSCE,
Prenant note des nombreuses activités spécifiques en rapport avec la migration et les réfugiés qui ont déjà été entreprises par les structures exécutives de l’OSCE, dans les limites de leurs mandats existants, et par les États participants, sur la base des engagements existants de l’OSCE, des docu- ments pertinents de l’Organisation des Nations Unies et des politiques nationales,
S’appuyant sur les débats approfondis tenus à l’OSCE, (…), (…)
2. Encourage les structures exécutives de l’OSCE, dans les limites des mandats existants et des res- sources disponibles, à poursuivre leurs travaux sur la question de la migration, y compris en ren- forçant les activités aboutissant à l’échange des meilleures pratiques et renforçant le dialogue et la coopération avec les partenaires pour la coopération, d’une manière qui complète les activi- tés menées par d’autres organisations et institutions internationales compétentes ;
3. Encourage les États participants à utiliser aussi la plateforme de l’OSCE, y compris ses organes de travail appropriés, pour continuer à s’attaquer aux problèmes liés à la migration là où l’OSCE a développé ses compétences et à améliorer le dialogue sur les questions relatives à la migration en ce qui concerne l’élaboration éventuelle de mesures efficaces et d’approches communes pour les aborder.
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Décision N° 4/16
Renforcement de la bonne gouvernance et promotion de la connectivité
Le Conseil ministériel,
Réaffirmant la pertinence et notre plein respect de l’ensemble des normes, principes et engage- ments de l’OSCE relatifs à notre coopération dans la dimension économique et environnementale, et ayant à l’esprit l’approche globale de l’OSCE en matière de sécurité,
Réaffirmant les engagements de l’OSCE concernant la lutte contre la corruption, (…),
Reconnaissant que la bonne gouvernance, la transparence et la responsabilité sont des conditions indispensables à la croissance économique, aux échanges, aux investissements et au développe- ment durable et contribuent ainsi à la stabilité, à la sécurité et au respect des droits de l’homme dans l’espace de l’OSCE,
Conscient que la corruption et l’absence de bonne gouvernance sont des sources potentielles de ten- sion politique qui compromettent la stabilité et la sécurité des États participants,
Reconnaissant que la bonne gouvernance, l’état de droit, la prévention et la lutte contre la corrup- tion, le blanchiment d’argent et le financement du terrorisme, de solides cadres règlementaires, y compris une protection adéquate des lanceurs d’alerte, un secteur public fondé sur l’intégrité, l’ouverture, la transparence et la responsabilité ainsi qu’une bonne gouvernance d’entreprise basée sur une gestion efficace, des audits appropriés, la responsabilité ainsi que l’observation et le res- pect des lois, des règles et des règlements, de la déontologie des affaires et des codes de conduite institués en étroite consultation avec les entreprises et la société civile sont des éléments cruciaux pour promouvoir un climat des affaires et des investissements favorable dans l’espace de l’OSCE,
Se félicitant que presque tous les États participants aient ratifié la Convention des Nations Unies contre la corruption (CNUCC) ou y aient adhéré et s’emploient à honorer les engagements décou- lant de cette convention, (…)
Affirmant qu’une gestion transparente des ressources publiques par des institutions fortes qui fonctionnent bien, une fonction publique professionnelle et efficace ainsi que des processus bud- gétaires et de passation des marchés publics qui sont sains constituent des éléments majeurs d’une bonne gouvernance,
Sachant l’importance d’une participation active du secteur privé, y compris les petites et moyennes entreprises, la société civile et les médias, à la prévention et à la lutte contre la corruption ainsi qu’à la promotion d’un bon climat des affaires et des investissements,
Sachant que les processus et accords d’intégration régionale et sous-régionale peuvent donner une grande impulsion aux échanges et au développement économique dans l’espace de l’OSCE et dans les États participants de l’Organisation, (…)
Réaffirmant que notre coopération économique devrait se fonder sur la solidarité, la transparence, un partenariat égal et non discriminatoire, la responsabilité mutuelle et le plein respect des intérêts
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de tous les États participants de l’OSCE et que si des mesures d’ordre économique ont un impact négatif sur d’autres États participants, nous nous efforcerons de le réduire au minimum, confor- mément à nos obligations internationales, (…)
Sachant l’importance d’une pleine adhésion des secteurs public et privé aux normes du travail, sociales et environnementales et sa contribution à la bonne gouvernance et au développement durable, (…)
Réaffirmant les engagements existants de l’OSCE dans le domaine de la bonne gouvernance, sou- lignant notre détermination à lutter contre la traite des êtres humains sous toutes ses formes et reconnaissant le rôle que la transparence et la responsabilité dans les processus de passation des marchés publics peuvent jouer dans la prévention et la lutte contre la traite des êtres humains et l’exploitation par le travail,
Renforcement de la bonne gouvernance, promotion de la transparence et amélioration du climat des affaires
1. Encourage les États participants à adhérer à la Convention des Nations Unies contre la corrup- tion (CNUCC), à la ratifier et à l’appliquer, ainsi qu’à échanger des informations et les meilleures pratiques sur le processus du deuxième cycle d’examen de la CNUCC, comme énoncé dans cette convention ;
2. Encourage les États participants, selon qu’il conviendra, à mettre en œuvre et respecter les normes internationales pertinentes, (…) et à contribuer à l’intensification de la participation de toutes les par- ties prenantes concernées, y compris la société civile et les milieux d’affaires, à leur application, (…)
3. Encourage les États participants à promouvoir l’échange des meilleures pratiques entre toutes les parties prenantes concernées qui contribuent à la bonne gouvernance publique et d’entreprise, à la promotion de la transparence ainsi qu’à la prévention et à la lutte contre la corruption, égale- ment dans le domaine de l’environnement ;
4. Appelle les États participants à continuer de promouvoir l’intégrité, la responsabilité et la ren- tabilité dans les processus de passation des marchés publics, également en veillant à ce que les intérêts privés n’influent pas indûment sur les décisions prises aux échelons gouvernementaux compétents, et à prévoir des exigences de transparence adéquates pour les sociétés participant aux adjudications publiques ;
5. Appelle les États participants à faciliter l’accès aux informations gouvernementales appropriées en accroissant la responsabilité du secteur public et en stimulant la participation du public grâce à la cybergouvernance ;
6. Charge les structures exécutives compétentes de l’OSCE, y compris les opérations de terrain, dans la limite de leurs mandats et des ressources dont elles disposent, de contribuer au renfor- cement de la coopération entre les États participants, le secteur privé et la société civile et d’as- socier activement le secteur privé et la société civile à leurs activités en matière de renforcement de la bonne gouvernance, de promotion de la transparence et d’amélioration du climat des affaires et des investissements ; (…)
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Renforcement de la bonne gouvernance grâce au respect des normes du travail, sociales et envi- ronnementales
15. Encourage les États participants à faciliter un transport et des échanges sûrs tout en prévenant le trafic illicite, conformément aux dispositions pertinentes du droit international et des accords auxquels les États participants de l’OSCE sont parties, et à intensifier les efforts visant à remédier à des problèmes comme l’exploitation par le travail et les chantiers mal réglementés et inspectés ;
16. Invite les États participants à s’efforcer de mieux appliquer les normes du travail, sociales et environnementales internationalement reconnues dans le cadre de l’ONU, de l’OIT et, le cas échéant, de l’OCDE ;
17. Encourage les États participants à promouvoir, en coopération avec le secteur privé, des modes de consommation et de production durables, fondés sur les normes du travail, sociales et environ- nementales internationalement reconnues ;
18. Charge les structures exécutives compétentes de l’OSCE, y compris les opérations de terrain, dans la limite de leurs mandats et des ressources dont elles disposent, d’apporter un soutien aux États participants pour l’échange des meilleures pratiques en ce qui concerne la sensibilisation à la pertinence des normes du travail, sociales et environnementales internationalement recon- nues, ainsi que le renforcement de la bonne gouvernance et la promotion de la transparence dans les processus de passation des marchés publics ;
Renforcement des partenariats public-privé dans la lutte contre la corruption, le blanchiment d’argent et le financement du terrorisme
19. Encourage les États participants à faciliter la coopération entre les services répressifs, judiciaires et de renseignement financier et d’autres acteurs concernés et entre le secteur public et le secteur privé ainsi que la société civile, y compris les médias, dans la lutte contre la corruption, le blan- chiment d’argent et d’autres délits financiers ;
20. Charge les structures exécutives compétentes de l’OSCE, y compris les opérations de ter- rain, dans la limite de leurs mandats et des ressources dont elles disposent, de faciliter le dialogue et la coopération entre les gouvernements, le secteur privé et la société civile en vue de soutenir les efforts de bonne gouvernance, y compris la lutte contre la corruption, le blanchiment d’argent et le financement du terrorisme, et de remédier aux entraves à la croissance économique et au développement durable ;
21. Encourage les partenaires pour la coopération à appliquer volontairement les dispositions de la présente décision.
Décision N° 5/16
Efforts de l’OSCE liés à la réduction des risques de conflit découlant de l’utilisation des technologies de l’information et des communications
Le Conseil ministériel (...),
Réaffirmant que les efforts déployés par les États participants de l’OSCE pour réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications seront conformes au droit international, y compris, entre autres, la Charte des Nations Unies et le Pacte
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international relatif aux droits civils et politiques ; l’Acte final de Helsinki ; et leurs responsabilités en matière de respect des droits de l’homme et des libertés fondamentales,
Accueillant avec satisfaction la résolution A/RES/70/237 de l’Assemblée générale des Nations Unies, et soulignant l’intérêt que les rapports 2010, 2013 et 2015 du Groupe d’experts gouvernemen- taux de l’ONU chargé d’examiner les progrès de l’informatique et des télécommunications dans le contexte de la sécurité internationale présentent pour les efforts de l’OSCE visant à réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications,
Soulignant l’importance des mesures de confiance de l’OSCE visant à réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications pour com- pléter les efforts déjà déployés à l’échelle mondiale, régionale et sous-régionale dans ce domaine,
Soulignant l’importance de la communication à tous les niveaux d’autorité pour réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications, (…)
1. Approuve l’adoption de la Décision no 1202 du Conseil permanent en date du 10 mars 2016 sur les mesures de confiance de l’OSCE visant à réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications ;
2. Souligne qu’il importe d’appliquer les mesures de confiance existantes de l’OSCE afin de réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communi- cations et d’élaborer des mesures de confiance supplémentaires (…)
3. Se félicite des activités menées par les États participants dans le cadre de l’application des mesures de confiance existantes de l’OSCE pour réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications, et prend note à cet égard de l’importance qu’il y a de tenir continuellement à jour la liste des points de contact nationaux afin de faciliter une communication et un dialogue pertinents ;
4. Encourage tous les États participants à contribuer à l’application des mesures de confiance de l’OSCE en vue de réduire les risques de conflit découlant de l’utilisation des technologies de l’in- formation et des communications ;
5. Reconnaît l’importance d’un échange efficace d’informations entre les États participants en lien avec les mesures de confiance de l’OSCE pour réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications et, entre autres, d’assurer une commu- nication rapide aux niveaux d’autorités technique et politique, ainsi que d’élaborer des procédures pour tenir des consultations afin de réduire les risques de malentendu et d’émergence éventuelle de tensions ou de conflits politiques ou militaires pouvant découler de l’utilisation des technolo- gies de l’information et des communications ;
6. A l’intention d’étudier, dans le cadre du groupe de travail transdimensionnel informel créé en application de la Décision n° 1039 du Conseil permanent sous les auspices du Comité de sécu- rité, les moyens de renforcer les activités de l’OSCE en tant que plateforme pragmatique pour une application constructive et efficace des mesures de confiance existantes et l’élaboration éventuelle de mesures de confiance supplémentaires afin de réduire les risques de conflit découlant de l’uti- lisation des technologies de l’information et des communications ;
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7. Invite les États participants à présenter des propositions concrètes à cet effet le 30 juin 2017 au plus tard ;
8. Encourage les structures exécutives compétentes de l’OSCE à aider les États participants, à leur demande, dans l’application des mesures de confiance de l’OSCE pour réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications, ainsi qu’à ren- forcer les capacités et processus nationaux pertinents, dans la limite des ressources disponibles ; (…)
10. Souligne que les activités ultérieures de l’OSCE visant à réduire les risques de conflit décou- lant de l’utilisation des technologies de l’information et des communications, y compris celles des structures exécutives compétentes de l’Organisation, devraient s’appuyer sur les efforts en cours à l’OSCE, être conformes aux mandats respectifs et aux engagements de l’OSCE, compléter les efforts déployés par l’Organisation des Nations Unies, les enceintes internationales et autres enceintes régionales, et être organisées dans la limite des ressources disponibles ;
11. Invite les partenaires de l’OSCE pour la coopération à renforcer le dialogue sur les efforts visant à réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications.
Décision N° 6/16
Renforcement de l’utilisation des renseignements préalables concernant les voyageurs
Nous, Ministres des affaires étrangères des États participants de l’Organisation pour la sécurité et la coopération en Europe,
Réaffirmant la nécessité de combattre le terrorisme, qui constitue une des menaces les plus graves contre la paix et la sécurité internationales, (…) (…)
Réaffirmant la Déclaration ministérielle sur le rôle de l’OSCE dans la lutte contre le phénomène des combattants terroristes étrangers (...), qui demande aux États participants d’empêcher la circula- tion de combattants terroristes étrangers en instituant des contrôles efficaces aux frontières et en surveillant de près la délivrance de documents d’identité et de voyage, d’échanger des informations à cet égard et d’appliquer les décisions no 7/03, no 4/04, no 6/06 et no 11/09 du Conseil ministériel sur la sécurité des documents de voyage, tout en respectant pleinement les obligations découlant du droit international, notamment du droit international des réfugiés et du droit international des droits de l’homme, y compris pour veiller à ce que le statut de réfugié ne soit pas détourné à leur profit par les auteurs, organisateurs ou complices d’actes terroristes,
Déclarant notre intention de détecter et d’empêcher la circulation de combattants terroristes étran- gers (...) (...)
Décide que les États participants de l’OSCE s’engagent à :
1. Établir des systèmes nationaux de renseignements préalables concernant les voyageurs (RPCV) (…) afin de recueillir efficacement des données sur les voyageurs et/ou les membres d’équipage auprès des compagnies aériennes opérant sur leurs territoires ;
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2. Envisager d’établir au niveau national un système interactif d’échange de RPCV (RPCVi) afin d’empêcher la circulation de combattants terroristes étrangers (…);
3. (…) en reconnaissant que c’est aux États qu’il incombe d’assurer l’application de mesures de sécu- rité adéquates dans les aéroports ;
4. Collaborer avec toutes les parties prenantes nationales concernées dans l’application des systèmes de RPCV au niveau national et envisager de créer un organisme pour recevoir, au nom de tous les autres organismes, toutes les formes de renseignements concernant les voyageurs grâce à un gui- chet unique d’entrée des données ;
5. Accroître la valeur ajoutée des RPCV en s’efforçant d’instituer
un recoupement automatique de ces renseignements avec les listes nationales, régionales et inter- nationales de surveillance, en particulier avec les bases de données d’Interpol et les listes de sanc- tions de l’ONU ;
6. Fournir une assistance en vue d’aider d’autres États participants demandeurs à mettre en place un système de RPCV ;
Nous chargeons les structures exécutives de l’OSCE, dans la limite de leurs mandats respectifs et des ressources dont elles disposent :
7. D’appuyer les efforts mondiaux visant à sensibiliser aux prescriptions des résolutions 2178 (2014) et 2309 (2016) du Conseil de sécurité des Nations Unies sur les renseignements préalables concernant les voyageurs et en déterminant les besoins d’assistance technique des États participants deman- deurs ainsi que l’assistance que pourraient fournir des donateurs pour le renforcement des capacités ;
8. D’apporter un soutien aux États participants demandeurs pour la mise en place de systèmes de RPCV, en coopération avec les organisations internationales et régionales compétentes.
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Décisions du Conseil ministériel
Décision N° 5/17
Intensification des efforts de l’OSCE visant à réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications
Le Conseil ministériel (...),
Prenant note des immenses possibilités qu’offrent les technologies de l’information et des com- munications pour le développement social et économique et du fait qu’elles continuent de gagner en importance pour la communauté internationale,
Considérant que les États participants de l’OSCE tirent profit d’un environnement de technologies de l’information et des communications ouvert, sûr, stable, accessible et pacifique,
Réaffirmant que les efforts déployés par les États participants de l’OSCE pour réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications seront conformes au droit international, (…) et à leurs responsabilités en matière de respect des droits de l’homme et des libertés fondamentales,
Exprimant sa préoccupation devant la multiplication des incidents sérieux impliquant l’utilisa- tion malveillante des technologies de l’information et des communications, et soulignant que ces tendances négatives recèlent des risques en matière de sécurité pour tous les États participants de l’OSCE et leurs citoyens, et pour les secteurs public et privé, (…)
Conscient de la nécessité d’intensifier encore les efforts de l’OSCE visant à continuer de renforcer la confiance et de réduire les risques de conflit découlant de l’utilisation des technologies de l’in- formation et des communications,
Décide :
1. De continuer d’appliquer toutes les décisions relatives aux mesures de renforcement de la confiance adoptées par l’OSCE pour réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications afin de contribuer à un environnement de technologies de l’information et des communications ouvert, sûr, stable, accessible et pacifique conformément aux engagements de l’Organisation ;
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2. De déterminer des moyens de renforcer et d’optimiser les activités de l’OSCE en tant que plate- forme pratique pour réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications, tout en poursuivant les travaux du Groupe de travail transdimensionnel informel créé conformément à la Décision no 1039 du Conseil permanent ;
3. D’encourager les structures exécutives de l’OSCE, dans les limites de leurs mandats et des res- sources disponibles, à aider les États participants, à leur demande, dans l’application des mesures de confiance de l’OSCE pour réduire les risques de conflit découlant de l’utilisation des technolo- gies de l’information et des communications, ainsi qu’à renforcer les capacités et processus natio- naux pertinents ;
4. D’inviter les partenaires de l’OSCE pour la coopération à intensifier le dialogue sur les efforts visant à réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications.
Décision N° 6/17
Renforcement des efforts visant à prévenir la traite des êtres humains
Le Conseil ministériel,
Réaffirmant que la traite des êtres humains est un crime grave et odieux qui porte atteinte à la dignité humaine et que tous les aspects de la lutte contre cette traite devraient reposer fermement sur l’état de droit et le respect des droits de l’homme,
Réaffirmant notre condamnation la plus vigoureuse de toutes les formes de traite des êtres humains, y compris à des fins d’exploitation par le travail et d’exploitation sexuelle, de traite des enfants et de criminalité forcée, ainsi qu’à des fins de prélèvement d’organes, et conscient que la préven- tion de ce crime est une priorité,
Réaffirmant en outre notre engagement d’examiner les facteurs qui rendent les personnes plus vulnérables à la traite et soulignant l’importance d’une approche transdimensionnelle et glo- bale de la lutte contre la traite des êtres humains, qui exige que l’accent soit mis sur l’application de mesures de prévention efficaces, (…)
Réitérant notre soutien en faveur de l’application effective de la Convention des Nations Unies contre la criminalité transnationale organisée et de son Protocole additionnel visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants, en tant que cadre juridique international pour la lutte contre la traite des personnes, ainsi que l’importance de la mise en œuvre du Plan mondial d’action des Nations Unies contre la traite des personnes,
Rappelant la pertinence pour la prévention et la lutte contre la traite des êtres humains du Pro- gramme de développement durable à l’horizon 2030, ainsi que de la Convention des Nations Unies relative aux droits de l’enfant (1989) pour ses parties,
Notant qu’une coopération et une coordination renforcées en matière judiciaire et d’application des lois entre les États participants et les partenaires pour la coopération, y compris une sécurité et une gestion efficaces des frontières, peuvent contribuer à prévenir la traite des êtres humains
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grâce, entre autres, à la déstabilisation et au démantèlement des organisations criminelles trans- nationales concernées et à la traduction des auteurs en justice,
Soulignant l’importance de la mise en œuvre des normes internationales du travail applicables dans le cadre des efforts de prévention de la traite des êtres humains et prenant note des instruments internationaux concernant le travail, (…), qui exposent également de bonnes pratiques concernant la prévention de la traite des êtres humains à des fins d’exploitation par le travail,
Louant les États participants qui exigent que les entreprises fournissant des biens et des services au gouvernement prennent des mesures efficaces et appropriées pour parer aux risques de traite des êtres humains dans leurs chaînes logistiques, y compris des mesures visant à prévenir la par- ticipation de sous-traitants et d’employés à des activités connues pour conduire à la traite des êtres humains. Louant également les États qui encouragent le secteur privé à prendre en compte les risques de traite des êtres humains dans leurs propres opérations et dans celles de leurs sous-trai- tants et fournisseurs en vue de veiller à ce qu’ils anticipent ces risques,
Conscients de la contribution de la société civile, y compris les organisations religieuses, à la pré- vention de la traite des êtres humains et à l’assistance aux victimes de celle-ci,
Demande aux États participants :
1. D’élaborer des politiques de prévention ciblées sur la base, selon qu’il conviendra, de recherches approfondies et d’informations fiables rassemblées systématiquement, y compris avec le soutien de mécanismes nationaux, tels que les rapporteurs nationaux là où il en existe, afin de maximiser l’effet et l’impact des efforts de lutte contre la traite aux niveaux national et international ;
2. De promouvoir le dialogue et la coopération entre les gouvernements, les organisations inter- nationales, la société civile, ainsi que le secteur privé, y compris les entreprises, de même que les syndicats et les organisations patronales en tant que partenaires sociaux, en vue d’intensifier les efforts de prévention de la traite des êtres humains, entre autres en sensibilisant davantage au rôle de chaque acteur et en facilitant l’échange d’informations sur la traite des êtres humains entre les pays d’origine, de transit et de destination, y compris les partenaires pour la coopération, ainsi qu’en reconnaissant l’importance de la voix des victimes de la traite des êtres humains dans l’éla- boration de stratégies anti-traite efficaces ;
3. De continuer d’utiliser l’OSCE comme plateforme de dialogue sur la coopération en matière judiciaire et d’application des lois ainsi que de sécurité et de gestion des frontières en tant qu’élé- ment important pour prévenir la traite des êtres humains ;
4. De promouvoir des programmes pluri-institutions, transsectoriels et multinationaux de ren- forcement des capacités qui encouragent les mesures de prévention de la traite des êtres humains sous toutes ses formes, l’accent étant mis en particulier sur les facteurs rendant les personnes vul- nérables à la traite ;
5. De prendre des mesures appropriées pour lutter efficacement contre la traite des êtres humains en élaborant des procédures et des cours de formation harmonisés, entre autres sur l’identifica- tion et la protection des victimes de la traite, y compris à l’intention des autorités compétentes, des organisations de la société civile, des agents de santé et des travailleurs sociaux ainsi que d’autres qui peuvent être les premiers à entrer en contact avec des victimes ;
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6. De renforcer les efforts d’éducation et de sensibilisation, y compris l’éducation aux droits de l’homme, et d’élaborer et de mettre en œuvre des programmes d’autonomisation qui tiennent compte des besoins particuliers des femmes, des hommes, des filles et des garçons, afin de ren- forcer la capacité de reconnaître, de prévenir et de combattre la traite des êtres humains au sein de communautés ;
7. D’adopter une approche centrée sur les victimes, tenant compte des traumatismes et, à cet égard et conformément à la Décision no 14/06 du Conseil ministériel, soucieuse de l’égalité entre les sexes, qui respecte pleinement les droits de l’homme et les libertés fondamentales dans tous les efforts de prévention et d’assistance ;
8. De reconnaître la contribution importante que les médias peuvent apporter à la prévention de la traite des êtres humains, entre autres grâce à l’adoption de normes professionnelles volon- taires pour couvrir de manière responsable et avec tact les affaires de traite des êtres humains ;
9. De déterminer, développer et partager les meilleures pratiques, y compris celles qui sont énoncées dans l’Additif de 2013 au Plan d’action de l’OSCE pour lutter contre la traite des êtres humains : une décennie plus tard, aux fins de partenariats nationaux et mondiaux fructueux entre les sec- teurs public et privé dans la lutte contre la traite des êtres humains, en vue de promouvoir le res- pect des droits de l’homme et la responsabilité sociale des entreprises, y compris au moyen d’une sensibilisation du public aux risques de traite des êtres humains dans la production et les sources de biens et dans la prestation de services ;
10. D’encourager le secteur privé à adopter des politiques et des procédures pour prévenir toutes les formes de traite des êtres humains, à participer activement aux efforts multipartites, à prendre conscience des risques de traite des êtres humains et à tenir compte des meilleures pratiques telles que la mise en place de mécanismes indépendants de surveillance, de vérification et de certifi- cation pour documenter le respect et l’application des codes de conduite ou des normes déonto- logiques qu’il a lui-même établis, y compris en fournissant des incitations aux entreprises pour qu’elles agissent avec la diligence voulue et fassent preuve de transparence afin de prévenir l’abus et l’exploitation de travailleurs tout au long de leurs chaînes logistiques et d’assurer l’égalité des conditions de concurrence aux sociétés responsables ;
11. De promouvoir, en complément de la législation nationale, des politiques qui prennent en compte l’adoption par les entreprises de mesures appropriées et efficaces pour parer aux risques de traite des êtres humains, y compris à l’égard de leurs sous-traitants et employés, lorsqu’elles envisagent l’octroi de contrats gouvernementaux de biens et de services ;
12. De prendre des mesures appropriées pour identifier et éliminer les pratiques de recrutement et d’emploi abusives et frauduleuses qui peuvent conduire à une traite aux fins d’exploitation par le travail, d’exploitation sexuelle et de criminalité forcée ou à d’autres formes de traite, y compris des mesures pour promouvoir des critères clairs concernant l’enregistrement officiel des agences de recrutement et de placement et pour renforcer le rôle des autorités compétentes, par exemple des inspecteurs du travail ;
13. De promouvoir des mesures pour prévenir et combattre le recours au travail forcé par les diplo- mates et autres personnels des missions diplomatiques et des postes consulaires ainsi que des orga- nisations internationales et à promouvoir une politique de tolérance zéro pour la traite par ces personnels et de tenir compte des meilleures pratiques internationales telles que recensées par exemple dans le Manuel de l’OSCE sur la façon de prévenir la traite des êtres humains aux fins de servitude domestique dans les ménages diplomatiques et de protéger les travailleurs domestiques
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privés, en notant que nombre de ces mesures sont conformes aux Conventions de Vienne sur les relations diplomatiques et sur les relations consulaires ainsi qu’aux accords de siège des organi- sations internationales et sachant que les Conventions de Vienne font obligation de respecter les lois et règlements de l’État hôte, y compris ceux qui sont destinés à prévenir et combattre la traite des êtres humains ;
14. De charger la Représentante spéciale et Coordinatrice de l’OSCE pour la lutte contre la traite des êtres humains et, selon qu’il conviendra, d’autres structures exécutives concernées, conformé- ment à leurs mandats et en coordination avec la Représentante spéciale de l’OSCE, de continuer à coopérer avec l’Alliance contre la traite des personnes et d’autres plateformes régionales et mon- diales, entre autres le Groupe interinstitutions de coordination contre la traite des personnes ;
15. D’encourager les structures exécutives concernées, conformément à leurs mandats et en coor- dination avec la Représentante spéciale et Coordinatrice de l’OSCE pour la lutte contre la traite des êtres humains, à continuer d’entreprendre des travaux de recherche, en consultation avec les États participants, à mener des activités de renforcement des capacités et à aider les États partici- pants, à leur demande, à élaborer des politiques et des lignes directrices pour renforcer les efforts de prévention de la traite des êtres humains ;
16. De charger le Secrétaire général d’examiner les politiques, les procédures d’audit et d’établis- sement de rapports ainsi que les mesures de protection existantes concernant le recrutement et de veiller à ce qu’aucune activité des structures exécutives de l’OSCE, y compris la passation de contrats de biens et de services, ne contribue à quelque forme que ce soit de traite des êtres humains, (…).
Décision N° 7/17
Renforcement des efforts visant à lutter contre toutes les formes de traite des enfants, y compris à des fins d’exploitation sexuelle, et contre les autres formes d’exploitation sexuelle des enfants
Le Conseil ministériel (...),
Profondément alarmé par la persistance de toutes les formes de traite des enfants, aux niveaux tant transnational qu’interne, y compris la traite des enfants à des fins d’exploitation sexuelle et par le travail, et réaffirmant la nécessité de prendre des mesures plus vigoureuses contre cette dernière,
Réaffirmant que l’intérêt supérieur de l’enfant doit être une considération primordiale dans les décisions concernant les enfants victimes de la traite ou exploités sexuellement et l’importance du respect des besoins particuliers des enfants en matière de protection et d’assistance, ainsi que de la possibilité pour l’enfant d’être entendu,
Consterné par le fait que l’exploitation sexuelle des enfants peut avoir des conséquences graves et à vie pour le développement physique et psychologique et pour le bien-être de l’enfant et qu’elle constitue, dans bien des cas, une forme de traite des êtres humains, Conscient du fait que toutes les formes de traite des enfants, y compris à des fins d’exploitation sexuelle, ainsi que les autres formes d’exploitation sexuelle des enfants, portent atteinte à la dignité humaine et sont préjudi- ciables à la jouissance des droits de l’homme et des libertés fondamentales,
Considérant que toutes les formes de traite des enfants, y compris à des fins d’exploitation sexuelle, ainsi que les autres formes d’exploitation sexuelle des enfants, constituent des crimes graves
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et odieux, impliquant dans bien des cas la criminalité organisée, qu’il faut empêcher, soumettre à des enquêtes et à des poursuites et sanctionner,
Rappelant que, dans l’Additif de 2013 au Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, il est demandé aux États participants d’élaborer et de mettre en œuvre des politiques et des actions, y compris une coopération entre eux en matière de répression, en vue d’empêcher que l’industrie du tourisme soit mise à profit pour toutes les formes de traite des êtres humains, en particulier à des fins d’exploitation sexuelle des enfants,
Reconnaissant que l’exploitation sexuelle des enfants dans le cadre des voyages et du tourisme, qui peut comporter des voyages d’un pays à un autre, est un crime grave et contribue à la demande favorisant la traite des enfants à des fins d’exploitation sexuelle,
Louant les États participants qui coopèrent avec l’industrie des voyages et du tourisme, y compris les compagnies aériennes et d’autres modes de transport, et avec les hôtels, le secteur de l’hôtelle- rie-restauration au sens large, la société civile et les organisations internationales concernées, pour prévenir toutes les formes de traite des enfants, y compris à des fins d’exploitation sexuelle, ainsi que les autres formes d’exploitation sexuelle des enfants, et pour élaborer et appliquer des procé- dures destinées à déceler les cas présumés de traite d’enfants, les signaler et prendre des mesures pour y remédier,
Soulignant que les technologies de l’information et des communications (TIC) peuvent jouer un rôle positif en matière d’éducation, de développement et de sensibilisation des enfants, mais qu’elles peuvent aussi être utilisées à mauvais escient pour faciliter l’accès à des enfants à des fins d’exploi- tation ou proposer des enfants à des fins d’exploitation sexuelle, et que les plateformes de médias sociaux peuvent être utilisées à mauvais escient pour conditionner psychologiquement des enfants susceptibles d’être soumis à l’exploitation sexuelle ainsi qu’à toutes les formes de traite des enfants,
Rappelant que, dans l’Additif de 2013 au Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, il est demandé aux États participants d’assurer la formation des agents des services des frontières, des agents des forces de l’ordre, des juges, des procureurs, des agents des services d’immigration et autres agents compétents à l’utilisation de l’Internet et des autres technologies de l’information et des communications pour la traite des êtres humains et les crimes connexes, y compris toutes les formes de traite des enfants et d’exploitation sexuelle de ceux-ci,
Craignant que les enfants qui accèdent à la pornographie sur l’Internet peuvent y être désensi- bilisés et plus susceptibles de devenir des victimes d’actes d’exploitation sexuelle ou de perpétrer de tels actes,
Prenant note du fait que de nouvelles formes de technologies de vérification de l’âge ont été mises au point au cours de la dernière décennie et qu’elles pourraient aider à empêcher les enfants d’avoir accès à la pornographie sur l’Internet,
Exprimant sa préoccupation devant le fait que, dans les flux migratoires, les enfants, en particu- lier les mineurs non accompagnés, peuvent être particulièrement vulnérables à la traite des êtres humains et à l’exploitation sexuelle et sachant que des installations spécialisées, une sécurité adé- quate, l’octroi d’une formation au personnel et des effectifs suffisants, ainsi que des patrouilles féminines, peuvent atténuer ces risques,
1. Encourage la coopération entre les États participants, les organisations internationales et la société civile pour lutter contre toutes les formes de traite des enfants, y compris à des fins d’exploitation
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sexuelle, et contre les autres formes d’exploitation sexuelle des enfants, en prenant note de leurs efforts pour lutter contre ces crimes ;
2. Encourage les États participants à adopter une approche centrée sur les victimes et tenant compte des traumatismes qui prenne en considération les préoccupations spécifiques des filles et des gar- çons, dans l’intérêt supérieur de l’enfant, et respecte pleinement les droits de l’homme et les liber- tés fondamentales des enfants soumis à la traite des êtres humains ou à l’exploitation sexuelle ;
3. Demande aux États participants de l’OSCE qui ne l’ont pas encore fait d’envisager des mesures juridiques qui leur permettraient de poursuivre leurs citoyens pour des crimes sexuels graves à l’en- contre d’enfants, même si ces crimes sont commis dans un autre pays ;
4. Demande aux États participants de l’OSCE de prévenir toutes les formes de traite des enfants et d’exploitation sexuelle des enfants, y compris dans les destinations touristiques, par l’éducation et la sensibilisation, et de coopérer avec le secteur privé et la société civile pour sensibiliser davan- tage l’industrie touristique, ainsi que les voyageurs d’affaires et les touristes, afin d’aider à élimi- ner la demande qui alimente la traite des enfants et leur exploitation sexuelle ;
5. Demande aux États participants de l’OSCE de renforcer la coopération et la coordination entre les autorités compétentes, telles que les services de répression et les services d’immigration et des frontières des États participants, des partenaires pour la coopération et des États de destination situés hors de la région de l’OSCE, notamment en envisageant, en pleine conformité avec le droit interne et les cadres nationaux et internationaux de protection des données, des mesures telles que : (a) L’adoption de mesures administratives supplémentaires en rapport avec les auteurs, dont l’ins- cription dans des registres de délinquants sexuels des personnes condamnées pour exploitation sexuelle d’enfants ou abus pédosexuels, selon qu’il conviendra ; (b) Là où il y a lieu, un moyen d’échanger et/ou de recevoir des informations par-delà les fron- tières entre organismes chargés de l’application de la loi et/ou autorités judiciaires sur les personnes condamnées pour exploitation sexuelle d’enfants ou abus pédosexuels ;
6. Demande instamment aux États participants de poursuivre les trafiquants d’êtres humains et les auteurs d’actes d’exploitation sexuelle, y compris ceux qui utilisent à mauvais escient les techno- logies de l’information et des communications pour recruter des enfants ou faciliter l’accès à des enfants aux fins de les soumettre à la traite ou à l’exploitation sexuelle, et imposer des sanctions efficaces, dissuasives et proportionnelles au crime ;
7. Demande aux États participants de l’OSCE qui ne l’ont pas encore fait de promouvoir la mise en œuvre de technologies de vérification de l’âge aux fins de restreindre l’accès des enfants aux sites Web pornographiques ;
8. Encourage les États participants à faire appel aux sociétés de technologies de l’information et des communications ainsi que de médias sociaux pour prévenir la diffusion de contenus pédoporno- graphiques en ligne et les retirer, ainsi qu’à protéger les enfants en luttant contre leur conditionne- ment psychologique en ligne par des trafiquants d’êtres humains pour toutes les formes de traite des enfants et autre exploitation sexuelle d’enfants, y compris par la mise au point de nouveaux outils et technologies ;
9. Demande aux États participants de communiquer des données, selon qu’il conviendra et tout en protégeant les données personnelles contre une utilisation criminelle, sur la traite des enfants et l’exploitation sexuelle des enfants à la base de données internationale d’INTERPOL sur
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l’exploitation sexuelle des enfants (ICSE), qui est un pivot pour l’identification des victimes dans le monde entier et peut aider par ailleurs à identifier les trafiquants et leurs collaborateurs, ainsi qu’à déterminer l’origine des flux financiers afin de démanteler les réseaux criminels ;
10. Demande aux États participants d’intensifier encore la formation spécialisée relative aux tech- nologies de l’information et des communications à l’intention des agents des services des frontières, des agents des forces de l’ordre, des juges, des procureurs, des agents des services d’immigration et autres agents compétents, ainsi que des enseignants et des professionnels de la santé, selon qu’il conviendra, pour lutter contre toutes les formes de traite et autre exploitation sexuelle des enfants ;
11. Encourage les États participants à sensibiliser davantage le public aux vulnérabilités des enfants dans les flux migratoires à toutes les formes de traite des enfants, y compris à des fins d’exploita- tion sexuelle, ainsi qu’aux autres formes d’exploitation sexuelle des enfants, à renforcer les capa- cités et à élargir les attributions des premiers intervenants pour ce qui est d’identifier les victimes de la traite et des autres formes d’exploitation sexuelle et de fournir à ces dernières une protection ainsi qu’une assistance appropriée et des adresses de référents pour bénéficier d’une aide judiciaire ainsi que de moyens de recours efficaces et d’autres services selon qu’il conviendra (…) ;
12. Charge les structures exécutives concernées de l’OSCE, conformément à leurs mandats et en coordination avec la Représentante spéciale et Coordinatrice de l’OSCE pour la lutte contre la traite des êtres humains, de continuer à aider les États participants à s’acquitter de leurs engagements relatifs à toutes les formes de traite des enfants, y compris à des fins d’exploitation sexuelle, ainsi qu’aux autres formes d’exploitation sexuelle des enfants ;
13. Invite les partenaires de l’OSCE pour la coopération à souscrire volontairement aux engagements pris par les États participants relatifs à la lutte contre toutes les formes de traite des enfants, y com- pris à des fins d’exploitation sexuelle, ainsi qu’aux autres formes d’exploitation sexuelle des enfants.
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I. Déclarations du Conseil ministériel
Déclaration sur le rôle de la jeunesse dans la contribution aux efforts de paix et de sécurité
1. Nous, (…), reconnaissons que la jeunesse occupe une place importante dans la société et qu’elle peut jouer un rôle pour soutenir les États participants dans la mise en œuvre d’engagements dans les trois dimensions.
2. Nous rappelons les engagements de l’OSCE relatifs à la jeunesse, (…). (...)
5. Nous avons conscience du rôle que peut jouer la jeunesse dans la contribution à une culture de paix, de dialogue, de justice et de coexistence pacifique, de confiance et de réconciliation.
6. Nous invitons les partenaires pour la coopération à s’associer volontairement à nous pour sous- crire à cette déclaration.
II. Décisions du Conseil ministériel
Décision no 3/18 Sécurité des journalistes
Le Conseil ministériel,
Réaffirmant tous les engagements pertinents de l’OSCE concernant le droit à la liberté d’expression, la liberté des médias et la libre circulation de l’information, (…), dans lequel les États participants ont réaffirmé que le droit à la liberté d’expression comprend la liberté d’exprimer des opinions ainsi que de recevoir et de transmettre des informations et des idées, sans ingérence de la part des autorités publiques et sans considération de frontières,
Ayant à l’esprit que tout individu a droit à la liberté d’opinion et d’expression, (…), et que ce droit constitue l’un des fondements essentiels d’une société démocratique et l’une des conditions fon- damentales pour lui permettre de progresser et de se développer,
Ayant aussi à l’esprit que les restrictions au droit à la liberté d’expression ne pourront être que celles prévues par la loi et nécessaires pour les motifs énoncés au paragraphe 3 de l’Article 19 du PIDCP,
Réaffirmant que des médias indépendants sont essentiels à des sociétés libres et ouvertes et à des systèmes dans lesquels le gouvernement est comptable de son action, et que ces médias ont une importance particulière pour la protection des droits de l’homme et des libertés fondamentales, (…),
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Reconnaissant que le journalisme et la technologie évoluent et que cela contribue au débat public tout en étant aussi susceptible d’élargir l’éventail des risques qui compromettent la sécurité des journalistes,
Prenant note de l’importance qu’il y a de promouvoir et protéger la sécurité des journalistes pour la mise en œuvre de l’objectif et des cibles pertinents du Programme de développement durable des Nations Unies à l’horizon 2030,
Conscient que le travail des journalistes peut les exposer, de même que les membres de leur famille, à la violence ainsi qu’à l’intimidation et au harcèlement, notamment au moyen des technologies numériques, ce qui peut dissuader les journalistes de poursuivre leur travail ou conduire à l’au- tocensure,
Notant avec préoccupation que le recours à des mesures restrictives indues contre les journalistes peut nuire à leur sécurité et les empêcher de communiquer des informations au public, et influe donc négativement sur l’exercice du droit à la liberté d’expression,
Réaffirmant que les médias devraient avoir sur leur territoire un accès sans restriction aux services de presse et d’information étrangers, que le public aura, de manière analogue, la liberté de trans- mettre et de recevoir des informations et des idées, sans ingérence de la part des autorités publiques et sans considération de frontières, y compris par le canal de publications et de stations de radio- diffusion étrangères, et que les restrictions à l’exercice de ce droit ne pourront être que celles qui sont prévues par la loi et sont conformes aux normes internationales, (…),
Préoccupé par le fait que les violations et atteintes relatives au droit d’être libre de toute ingérence arbitraire ou illégale dans la vie privée peuvent influer sur la sécurité des journalistes,
Profondément préoccupé par toutes les violations des droits de l’homme et atteintes commises contre la sécurité des journalistes, notamment celles impliquant des homicides, des actes de tor- ture, des disparitions forcées, des arrestations arbitraires, des détentions arbitraires et des expul- sions arbitraires, des actes d’intimidation, le harcèlement et des menaces sous toutes les formes, physiques, juridiques, politiques, technologiques ou économiques, destinés à empêcher leur travail,
Préoccupé par les risques distincts auxquels les femmes journalistes sont exposées en relation avec leur travail, y compris par le biais des technologies numériques, et soulignant l’importance qu’il y a d’assurer leur plus grande sécurité possible et de tenir compte effectivement de leurs e xpériences et de leurs préoccupations,
Conscient du rôle crucial joué par les journalistes dans la couverture des élections, en particulier dans l’information du public à propos des candidats, de leurs plateformes et des débats en cours, et se déclarant vivement préoccupé par les menaces et les attaques violentes auxquelles les journa- listes peuvent être confrontés à cet égard,
Conscient de l’importance du journalisme d’investigation et du fait que la capacité des médias de mener des enquêtes et d’en publier les résultats, y compris sur l’internet, sans crainte de repré- sailles, peut jouer un rôle important dans nos sociétés, y compris pour tenir les institutions publiques et les agents de la fonction publique comptables de leurs actes,
Alarmé par l’augmentation du nombre des campagnes ciblées nuisant au travail des journalistes, ce qui érode la confiance du public dans la crédibilité du journalisme, et conscient du fait que cela peut augmenter le risque que les journalistes fassent l’objet de menaces et de violences,
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Alarmé aussi par les cas dans lesquels des dirigeants politiques, des agents de la fonction publique et/ou des autorités publiques intimident ou menacent des journalistes et tolèrent ou s’abstiennent de condamner la violence contre les journalistes,
Se déclarant profondément préoccupé par la menace croissante pour la sécurité des journalistes posée, entre autres, par des groupes terroristes et des organisations criminelles,
Soulignant aussi les risques particuliers pour la sécurité des journalistes à l’ère numérique, y com- pris la vulnérabilité particulière des journalistes à devenir la cible d’intrusions informatiques ou d’une surveillance ou interception illégale ou arbitraire des communications, portant atteinte à la jouissance de leur droit à la liberté d’expression et de leur droit d’être libre de toute ingérence arbitraire ou illégale dans la vie privée,
Réaffirmant que les États participants condamnent toutes les attaques contre les journalistes et leur harcèlement et qu’ils s’efforceront d’obliger les responsables directs de ces attaques et harcèlements à rendre compte de leurs actes, (…), et conscient également du fait que l’établissement des respon- sabilités pour les crimes commis à l’encontre des journalistes est un élément clé de la prévention de futures attaques, (…)
Prenant note avec préoccupation du climat d’impunité qui prévaut lorsque des attaques com- mises contre des journalistes restent impunies, et conscient du rôle joué par les gouvernements, les législateurs et le pouvoir judiciaire pour ce qui est d’instaurer un environnement de travail sûr et d’assurer la sécurité des journalistes, entre autres, en condamnant publiquement et en tradui- sant en justice tous les responsables de crimes contre des journalistes, (…)
Rappelant les résolutions du Conseil de sécurité des Nations Unies (…), condamnant toutes les vio- lations et atteintes commises contre les journalistes, les professionnels des médias et le personnel associé en période de conflit armé, et dans lesquelles il est dit que les journalistes, les profession- nels des médias et le personnel associé en période de conflit armé qui accomplissent des missions professionnelles périlleuses dans des zones de conflit armé doivent être considérés comme des civils et protégés en tant que tels, à la condition qu’ils n’entreprennent aucune action qui porte atteinte à leur statut de personnes civiles,
Demande aux États participants :
1. De mettre intégralement en œuvre tous les engagements auxquels ils ont souscrit dans le cadre de l’OSCE et leurs obligations internationales liées à liberté d’expression et à la liberté des médias, y compris en respectant, promouvant et protégeant la liberté de rechercher, de recevoir et de répandre des informations, sans considération de frontières ;
2. De mettre intégralement leurs lois, politiques et pratiques relatives à la liberté des médias en conformité avec leurs obligations et engagements internationaux et de les examiner et, selon que de besoin, de les abroger ou de les amender de telle sorte qu’elles ne restreignent pas la capa- cité des journalistes de faire leur travail en toute indépendance et sans ingérence indue ;
3. De condamner publiquement et sans équivoque toutes les attaques et violences contre des jour- nalistes tels que les homicides, les actes de torture, les disparitions forcées, les arrestations arbi- traires, les détentions arbitraires et les expulsions arbitraires, les actes d’intimidation, le harcèlement
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et les menaces sous toutes leurs formes, physiques, juridiques, politiques, technologiques ou écono- miques, utilisées pour empêcher leur travail et/ou les contraindre indûment à fermer leurs bureaux, y compris en période de conflit ;
4. De condamner aussi publiquement et sans équivoque les attaques contre les femmes journalistes en relation avec leur travail, comme le harcèlement sexuel, les abus, les actes d’intimidation, les menaces et les violences, y compris par le biais des technologies numériques ;
5. D’exiger la libération immédiate et inconditionnelle de tous les journalistes qui ont été arrêtés ou détenus arbitrairement, qui ont été pris en otage ou qui ont été victimes de disparition forcée ;
6. De prendre des mesures efficaces pour mettre fin à l’impunité pour les crimes commis contre les journalistes en garantissant l’établissement des responsabilités en tant qu’élément clé de la pré- vention de futures attaques, y compris en veillant à ce que les organismes chargés de l’application de la loi procèdent à des enquêtes rapides, efficaces et impartiales sur les actes de violence et les menaces contre les journalistes, afin de traduire en justice tous ceux qui en sont responsables et de veiller à ce que les victimes aient accès à des recours appropriés ;
7. D’exhorter les dirigeants politiques, les agents de la fonction publique et/ou les autorités publiques à s’abstenir d’intimider et de menacer les journalistes ou de tolérer la violence à leur encontre et de la condamner sans équivoque afin de réduire les risques ou les menaces auxquels les journalistes peuvent être confrontés et d’éviter de nuire à la confiance en la crédibilité des journalistes ainsi qu’au respect de l’importance du journalisme indépendant ;
8. De s’abstenir d’ingérence arbitraire ou illégale dans l’utilisation par les journalistes de techno- logies de cryptage et d’anonymisation et de s’abstenir d’employer des techniques de surveillance illégales ou arbitraires, sachant que de tels actes portent atteinte à la jouissance par les journalistes de leurs droits de l’homme et pourraient les exposer à la violence et à des menaces pour leur sécurité ;
9. D’encourager les organes d’État et les organismes chargés de l’application de la loi à organiser des activités de sensibilisation et de formation liées à la nécessité d’assurer la sécurité des journa- listes et à promouvoir la participation de la société civile à de telles activités, en tant que de besoin ;
10. D’instaurer ou de renforcer, là où c’est possible, une collecte de données, des analyses et des rapports au niveau national sur les attaques et la violence contre les journalistes ;
11. De veiller à ce que les lois sur la diffamation n’entraînent pas de sanctions ou de peines exces- sives qui pourraient compromettre la sécurité des journalistes et/ou les censurer de facto et contre- carrer leur mission d’information du public et, en tant que de besoin, de réviser et d’abroger de telles lois conformément aux obligations des États participants découlant du droit internatio- nal des droits de l’homme ;
12. De mettre en œuvre plus efficacement le cadre juridique applicable pour la protection des jour- nalistes et tous les engagements de l’OSCE en la matière ;
13. De coopérer pleinement avec le Représentant de l’OSCE pour la liberté des médias, notamment sur la question de la sécurité des journalistes ;
14. D’encourager le Représentant de l’OSCE pour la liberté des médias à continuer de défendre et de promouvoir la sécurité des journalistes dans tous les États participants de l’OSCE confor- mément à son mandat.
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Décision N° 4/18
Prévenir et combattre la violence à l’égard des femmes
Le Conseil ministériel,
Réaffirmant que la promotion et la protection de l’égalité des droits et des chances pour tous sont essentielles à la démocratie et au développement économique et, partant, à la sécurité, à la stabi- lité et à une paix durable dans l’espace de l’OSCE,
Déterminé à garantir l’exercice entier et en toute égalité, par les femmes et les filles, de leurs droits humains et libertés fondamentales, (…)
Ayant à l’esprit qu’il importe de prévenir et combattre la violence à l’égard des femmes et des filles pour réaliser les objectifs de développement durable pertinents du Programme des Nations Unies pour le développement durable à l’horizon 2030,
Conscient que l’inégalité entre les hommes et les femmes est une cause profonde de violence à l’égard des femmes et des filles et que, en particulier, la discrimination et les inégalités écono- miques, y compris le manque d’indépendance économique, peuvent accroître la vulnérabilité des femmes à la violence,
Profondément préoccupé par la persistance de la violence à l’égard des femmes et des filles sous toutes ses formes, qui est l’un des obstacles les plus répandus au plein exercice de leurs droits humains et à leur participation pleine, égale et effective à la vie politique, économique et publique,
Notant que la violence à l’égard des femmes et des filles peut causer la mort ou des souffrances physiques, sexuelles, psychologiques, économiques, politiques et sociales aux filles et aux femmes de tous âges, et qu’elle entraîne directement ou indirectement des coûts sociaux, politiques et éco- nomiques à court et à long terme,
Notant également que la violence à l’égard des femmes et des filles revêt de nombreuses formes, notamment la violence domestique, la violence sexuelle, les pratiques préjudiciables, la traite des êtres humains, l’exploitation sexuelle et d’autres types d’exploitation, ainsi que le harcèlement sexuel,
Conscient que les femmes et les filles peuvent souffrir de nombreuses formes différentes de discri- mination, parfois combinées, ce qui les expose à un risque accru de violence, et que de telles com- binaisons peuvent entraîner une aggravation de la discrimination,
Conscient également des rôles importants joués par les forces armées, les organes chargés de l’ap- plication de la loi, les systèmes judiciaires et d’autres professionnels du droit dans la lutte contre toutes les formes de violence à l’égard des femmes et des filles,
Conscient en outre que les abus, les menaces et le harcèlement, y compris le harcèlement sexuel, sont devenus de plus en plus courants, en particulier par le biais des technologies numériques, et peuvent réduire les femmes et les filles au silence dans la sphère publique,
Ayant à l’esprit que les femmes exerçant des activités professionnelles qui ont une visibilité publique et/ou un intérêt pour la société sont plus susceptibles d’être exposées à des formes spécifiques de vio- lence ou d’abus, de menaces et de harcèlement en relation avec leur travail,
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Considérant que l’adolescence est une étape importante du développement social d’une personne et conscient que cette étape est souvent perturbée par des inégalités persistantes, des attitudes et des comportements négatifs ainsi que des stéréotypes sexistes qui peuvent exposer les filles et les jeunes femmes à un risque accru de discrimination et de violence,
Conscient qu’il importe d’associer activement les hommes et les garçons aux efforts visant à éli- miner la discrimination et toutes les formes de violence à l’égard des femmes et des filles, notam- ment en s’attaquant aux causes profondes de l’inégalité entre les sexes et de la violence fondée sur le genre et en sensibilisant le public aux conséquences des attitudes et des comportements négatifs ainsi que des stéréotypes de genre qui peuvent susciter et perpétuer la discrimination et la violence,
Notant les efforts déployés par le Réseau MenEngage de l’OSCE* pour sensibiliser le public au rôle important que les hommes et les garçons peuvent jouer dans l’élimination de la discrimination et de toutes les formes de violence à l’égard des femmes et des filles,
Conscient que le harcèlement sexuel dans les espaces publics et privés, en particulier sur le lieu de travail et dans les établissements d’enseignement, a une incidence préjudiciable sur la jouis- sance pleine et entière, par les femmes et les filles, des droits humains et de l’égalité des chances, ce qui nuit à leur capacité de rester et/ou de progresser sur le lieu de travail et dans les établisse- ments d’enseignement,
Reconnaissant que la société civile est un partenaire important du gouvernement, notamment au niveau local, dans la prévention et la lutte contre la violence à l’égard des femmes et des filles,
Prenant note des travaux de l’Assemblée parlementaire de l’OSCE pour lutter contre la violence à l’égard des femmes, Demande aux États participants :
1. De garantir l’accès à la justice, d’assurer des enquêtes et des poursuites efficaces contre les auteurs d’actes de violence et de fournir, dans le respect de leurs droits et de leur vie privée, une protec- tion adéquate aux victimes de toutes les formes de violence à l’égard des femmes et des filles ainsi qu’un soutien à leur réadaptation et leur réinsertion ;
2. De prendre des mesures, notamment de sensibilisation et de renforcement des capacités des forces armées, des services d’application de la loi, des systèmes judiciaires et d’autres professionnels du droit, pour prévenir et combattre toutes les formes de violence à l’égard des femmes et des filles ;
3. D’adopter des mesures, en tant que de besoin, pour encourager l’éducation à l’égalité entre les sexes, aux droits de l’homme et aux comportements non violents, contribuant ainsi à la prévention de toutes les formes de violence à l’égard des femmes et des filles, notamment les pratiques préju- diciables, la violence sexuelle, la violence domestique, ainsi que le harcèlement sexuel ;
4. D’organiser des campagnes de sensibilisation aux risques posés par des formes spécifiques de vio- lence à l’égard des femmes et des filles, y compris par le biais des technologies numériques, ainsi qu’à leurs droits et au soutien dont peuvent bénéficier les victimes de cette violence ;
5. De prendre des mesures pour lutter contre la violence, les mauvais traitements, les menaces et le harcèlement, y compris par le biais des technologies numériques, dirigés contre les femmes ;
* Le réseau MenEngage de l’OSCE n’est pas un réseau affilié à l’Alliance MenEngage. Le réseau MenEngage de l’OSCE est un réseau fermé au sein de l’OSCE.
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6. De prendre des mesures, en concertation avec des entreprises qui travaillent dans le domaine des technologies de l’information et des communications (TIC), pour lutter contre les formes spé- cifiques de violence auxquelles les femmes et les filles sont confrontées par le biais des technolo- gies numériques ;
7. D’encourager tous les acteurs concernés, y compris ceux qui participent au processus politique, à contribuer à prévenir et combattre toutes les formes de violence à l’égard des femmes, notam- ment celles exerçant des activités professionnelles qui ont une visibilité publique et/ou un intérêt pour la société, entre autres, en soulevant la question dans des débats publics et en élaborant des initiatives de sensibilisation et d’autres mesures appropriées, en tenant compte également des effets paralysants de cette violence sur les jeunes femmes ;
8. D’intégrer des initiatives dans les politiques et stratégies nationales pertinentes pour promouvoir la participation des hommes et des garçons à la prévention et la lutte contre la violence à l’égard des femmes et des filles, notamment en mettant en œuvre des activités de sensibilisation axées sur les rôles positifs, équitables et non-violents que les hommes et les garçons peuvent jouer à cet égard, et en signalant et en éliminant les attitudes et les comportements négatifs ainsi que les sté- réotypes sexistes qui perpétuent cette violence ;
9. De prendre des mesures pour lutter contre le harcèlement sexuel dans les espaces publics et pri- vés, y compris sur le lieu de travail et dans les établissements d’enseignement, et encourager les employeurs publics et privés à appliquer ces mesures ;
10. De prendre des mesures pour garantir un accès équitable à une éducation de qualité pour toutes les filles, et renforcer l’autonomisation et l’indépendance économiques des femmes, notamment en veillant à ce que les politiques et pratiques en matière d’emploi ne soient pas discriminatoires, en assurant l’égalité d’accès à l’éducation et à la formation, l’égalité de rémunération pour un tra- vail égal ainsi que l’égalité d’accès aux ressources économiques et au contrôle de celles-ci ;
11. D’encourager la participation de la société civile à la prévention et la lutte contre la violence à l’égard des femmes et des filles ;
Charge les structures exécutives pertinentes de l’OSCE, dans la limite de leurs mandats, de faire ce qui suit :
12. Aider les États participants, à leur demande, à améliorer leur cadre juridique et politique et à mettre en œuvre des mesures visant à prévenir et combattre toutes les formes de violence à l’égard des femmes et des filles ;
13. Poursuivre la coopération avec les organisations internationales et régionales compétentes pour recueillir des données et des statistiques ventilées par sexe sur toutes les formes de violence à l’égard des femmes et des filles dans l’espace de l’OSCE ;
14. Fournir un appui aux États participants et aux organisations de la société civile pour faciliter l’échange de bonnes pratiques en matière de prévention et de lutte contre toutes les formes de vio- lence à l’égard des femmes et des filles, notamment grâce à la participation des hommes et des garçons ;
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15. Aider les États participants, à leur demande, à élaborer et réexaminer des lois, des politiques et des mesures visant à lutter contre le harcèlement sexuel dans les espaces privés et publics, notam- ment sur le lieu de travail et dans les établissements d’enseignement ;
16. Continuer d’assurer la mise en œuvre intégrale du Code de conduite de l’OSCE à l’intention des membres de son personnel de ses missions ainsi que de la politique de l’OSCE concernant un cadre de travail professionnel, et d’examiner la nécessité de renforcer et/ou d’accroître la forma- tion en la matière, en mettant l’accent sur une politique de tolérance zéro à l’égard du harcèlement sexuel, notamment grâce aux efforts déployés par la haute direction.
17. Encourager les États participants et les structures exécutives pertinentes de l’OSCE à envisager de mener des activités communes avec l’Assemblée parlementaire de l’OSCE et sa Représentante spéciale pour les questions de genre.
Décision N° 5/18
Développement du capital humain à l’ère numérique
Le Conseil ministériel,
Rappelant les principes et engagements de l’OSCE sur lesquels repose notre coopération écono- mique et ayant à l’esprit l’approche globale de l’OSCE en matière de sécurité, (…)
Considérant que les besoins de l’individu devraient être au centre de la croissance économique et du développement durable, et conscient que les investissements dans le capital humain et la pro- motion du savoir et des compétences favorisent la participation économique, l’inclusion sociale et une croissance durable qui sont interdépendantes et contribuent à la prospérité, à la confiance, à la stabilité, à la sécurité et à la coopération dans l’espace de l’OSCE,
Tenant compte des incidences émergentes et en rapide évolution de la transformation numérique, qui conduit au progrès et à la prospérité, mais aussi à l’apparition de menaces et de défis poten- tiels nouveaux ou accrus,
Conscient que les changements provoqués par la transformation numérique sur les marchés du tra- vail risquent d’élargir les disparités sociales et économiques et qu’il est nécessaire de mettre davan- tage l’accent sur la valorisation du capital humain, en particulier, pour les femmes, les jeunes et les personnes handicapées, tout spécialement dans les secteurs économiques à forte intensité de main- d’œuvre peu qualifiée,
Sachant que la valorisation du capital humain, y compris dans le contexte numérique, grâce à l’im- pact positif qu’elle a sur une main-d’œuvre informée et qualifiée, le développement durable, les emplois et la création de richesse, peut aider positivement à rendre les économies et les sociétés plus résilientes à la corruption,
Déterminé à promouvoir l’apprentissage tout au long de la vie ainsi que la formation profession- nelle et technique pendant toute la durée de la vie active en tant qu’outils essentiels de valorisa- tion du capital humain et de réduction des fractures numériques existantes, en particulier pour les femmes et les filles dans les domaines de la science, de la technologie, de l’ingénierie et des mathématiques,
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Sachant que des opportunités et des défis sont associés aux nouvelles formes d’emploi découlant de la transformation numérique de l’économie et que si les changements sur le marché du travail peuvent favoriser la croissance économique et la création d’emplois, certains des défis peuvent avoir un impact sur la stabilité de l’emploi et de la société, (…)
Reconnaissant, dans le contexte de la numérisation de l’économie, la nécessité de renforcer la rési- lience de la main-d’œuvre et d’adapter les cadres de politique relatifs au marché du travail en vue de promouvoir : la création d’emplois dans le plein respect de la dignité humaine et des droits de l’homme ; une croissance économique durable et inclusive ; et l’égalité des chances en ce qui concerne la participation des femmes et des hommes au marché du travail,
Conscient que la valorisation du capital humain peut contribuer à la mise en œuvre du Programme de développement durable des Nations Unies à l’horizon 2030,
1. Encourage les États participants à soutenir la valorisation du capital humain de manière à gérer la transition vers des économies de plus en plus automatisées et numérisées, y compris à travers des partenariats public-privé et une collaboration multipartite ;
2. Encourage les États participants à promouvoir l’apprentissage tout au long de la vie, commençant au stade de l’éducation précoce et se poursuivant pendant toute la durée de la vie active, en tant que pierre angulaire de la gestion de cette transition ;
3. Demande aux États participants de promouvoir l’accès à des possibilités d’éducation, de formation, de perfectionnement et de recyclage de qualité afin d’améliorer l’employabilité – en favorisant un accès non discriminatoire des femmes, des jeunes et des personnes handicapées et en accordant une attention particulière à ceux qui travaillent dans des industries à forte intensité de main-d’œuvre ;
4. Encourage les États participants, en tant que de besoin, à promouvoir l’éducation, la formation professionnelle et la reconversion, en particulier pour les femmes et les filles, tout spécialement dans les domaines de la science de la technologie, de l’ingénierie et des mathématiques, en tant que mesure clé pour réduire les fractures numériques et promouvoir l’autonomisation des femmes en favorisant les opportunités, y compris dans l’économie ;
5. Invite les États participants à renforcer les cadres de politique et institutionnels en vue de faci- liter les modèles commerciaux innovants et un climat d’investissement positif et de promouvoir la création d’emplois et une croissance économique durable et inclusive ;
6. Encourage les États participants à mobiliser le secteur privé, la société civile, les syndicats, les milieux universitaires et d’autres parties prenantes concernées pour recenser et satisfaire les besoins en matière de valorisation du capital humain et collaborer à l’élaboration et à la mise en œuvre des politiques et règlements pertinents ;
7. Demande aux États participants d’examiner plus avant les opportunités et les défis associés aux nouvelles formes d’emploi découlant de la transformation numérique de l’économie, également en vue d’assurer une protection sociale Demande aux États participants de poursuivre l’examen des opportunités et des défis associés aux nouvelles formes d’emploi résultant de la transformation numérique de l’économie, en vue également d’assurer une protection sociale adéquate ;
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8. Encourage les États participants à promouvoir les efforts de lutte contre la corruption dans les secteurs de l’éducation et de la formation, ainsi qu’un accès ouvert, égal et sans corruption à l’édu- cation, aux compétences numériques et aux possibilités de formation ;
9. Encourage les États participants à tirer parti de l’OSCE pour favoriser l’échange des meilleures pratiques et promouvoir les initiatives de renforcement des capacités en conformité avec les dis- positions de la présente décision ;
10. Encourage les États participants à accroître la coopération en matière de valorisation du capital humain, y compris avec les organisations internationales compétentes, dans des domaines comme la facilitation et l’élargissement de l’accès aux établissements d’enseignement, de recherche et de formation, en accordant une attention particulière à la promotion des compétences numériques ;
11. Charge les structures exécutives pertinentes de l’OSCE, y compris les opérations de terrain, dans la limite de leur mandat et des ressources disponibles, d’aider les États participants, sur leur demande, à mettre en œuvre les dispositions de la présente décision ;
12. Encourage les partenaires de l’OSCE pour la coopération à mettre en œuvre volontairement les dispositions de la présente décision.
Décision N° 6/18
Renforcement des efforts visant à prévenir et combattre la traite des enfants, notamment des mineurs non accompagnés
Le Conseil ministériel,
Gravement alarmé par la prévalence de la traite des enfants, notamment de ceux qui ne sont pas accompagnés, sous toutes ses formes, y compris à des fins d’exploitation sexuelle, de travail forcé, de criminalité forcée, de mariage forcé et de prélèvement d’organes,
Réaffirmant tous les engagements de l’OSCE concernant la lutte contre la traite des enfants, (…) (...)
Profondément préoccupé par le grand nombre d’enfants non accompagnés qui sont vulnérables à la traite des êtres humains ces dernières années,
Sachant que l’adoption d’une approche centrée sur les victimes et tenant compte des traumatismes, qui prenne en considération les préoccupations spécifiques des filles et des garçons et l’intérêt supé- rieur de l’enfant, est primordiale pour assurer efficacement la prévention et la protection contre la traite des êtres humains en ce qui concerne les enfants,
Ayant conscience que la collaboration entre les États, les premiers intervenants et la société civile peut contribuer davantage à protéger les enfants, notamment ceux qui ne sont pas accompagnés, contre la traite des êtres humains, (…)
Louant les États participants qui adoptent des mesures législatives particulières et d’autres mesures pour l’identification rapide, l’accueil et la protection des enfants vulnérables à la traite des êtres humains, notamment les mineurs non accompagnés,
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Mesurant l’importance de la contribution de la société civile, notamment des organisations reli- gieuses, au soutien, entre autres, des travaux menés par les autorités nationales pour prévenir et com- battre toutes les formes de traite des enfants grâce à des mécanismes nationaux de lutte contre la traite, y compris des mécanismes nationaux d’orientation, en tant que de besoin, (…)
Demande aux États participants :
1. D’adopter des mesures pertinentes afin que tous les enfants victimes de la traite des êtres humains soient traités dans le respect du principe de non-discrimination et conformément à leurs besoins individuels et en tenant compte de leur intérêt supérieur, en leur donnant des possibilités d’être entendus, en tant que de besoin, et en défendant et protégeant leurs droits humains ;
2. D’adopter une approche centrée sur les victimes et tenant compte des traumatismes, qui prenne en considération les préoccupations spécifiques des filles et des garçons et l’intérêt supérieur de l’en- fant, et respecte pleinement les droits humains et les libertés fondamentales des enfants soumis à la traite ;
3. De fournir, en tant que de besoin, aux prestataires de services gouvernementaux et aux orga- nismes publics qui sont en contact avec des enfants des orientations et des formations adéquates pour identifier, signaler, aider et protéger comme il convient les enfants victimes de la traite d’une manière adaptée à leur âge et qui tienne compte des préoccupations spécifiques des filles et des gar- çons, et d’envisager de dispenser une formation pertinente aux acteurs du secteur privé qui sont en contact avec des enfants victimes de la traite ;
4. De prendre des mesures pour mettre à la disposition des enfants victimes de la traite, lorsque c’est nécessaire, un tuteur ou équivalent remplissant les conditions requises et formé et/ou un représen- tant légal à titre prioritaire afin de sauvegarder les intérêts des enfants victimes de la traite, notam- ment de ceux qui ne sont pas accompagnés, et pour que leurs tuteurs et/ou représentants légaux participent aux procédures concernant l’assistance à leur apporter et à la recherche de solutions durables et viables pour eux ;
5. De se pencher sur la situation des enfants victimes de la traite, notamment de ceux qui ne sont pas accompagnés, dans un cadre de protection de l’enfance ;
6. De promouvoir les mécanismes nationaux de lutte contre la traite, y compris les mécanismes nationaux d’orientation là où il en existe, ainsi que, s’il y a lieu, les systèmes de protection de l’en- fance, qui tiennent compte des besoins et des droits des enfants victimes de la traite ; d’incorporer une assistance centrée sur les victimes, tenant compte des traumatismes et adaptée à l’âge ; d’appli- quer une approche pluridisciplinaire, respectueuse des droits humains, qui tienne compte des pré- occupations spécifiques des filles et des garçons, et prenne en considération, en tant que de besoin, l’apport et les recommandations des survivants de la traite des êtres humains lors de la fourniture d’une assistance immédiate et de la recherche de solutions durables et viables ; ainsi que d’établir des voies d’orientation qui sont adaptées aux enfants ;
7. De veiller à ce qu’il soit tenu compte, autant que possible, dans toute évaluation des besoins d’un enfant victime de la traite, de ses intérêts et opinions ainsi que des soins, de la protection et de la sécurité dont il a besoin ;
8. De prendre des mesures appropriées, une fois qu’il a été déterminé qu’un enfant a été victime de la traite, ou lorsqu’il y a des motifs raisonnables de penser qu’il peut avoir été soumis à la traite,
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pour assurer sa sécurité, en particulier en empêchant les sévices sexuels et autres et en évitant une nouvelle victimisation, conformément aux lois nationales, en prévoyant la possibilité de ne pas imposer de sanctions aux victimes pour avoir pris part à des activités illégales, lorsqu’elles y ont été contraintes, et en prévoyant des programmes appropriés de réhabilitation, de réinsertion et/ ou de rapatriement, en tant que de besoin ;
9. D’encourager les autorités chargées de veiller au respect de la loi, ou d’autres autorités compé- tentes, en tant que de besoin, à coopérer entre elles en recueillant et échangeant des informations, conformément à leurs législations internes respectives, y compris en ce qui concerne la protection des données personnelles, sur les enfants victimes de la traite et ceux qui risquent d’y être sou- mis, aux fins de renforcer leur protection et de se préoccuper de la question des enfants disparus ;
10. De renforcer la coopération nationale, régionale et internationale pour prévenir et combattre la traite des enfants, en particulier pour ce qui est du signalement des enfants qui en sont vic- times, notamment de ceux qui ne sont pas accompagnés, et de l’échange d’informations à leur sujet, conformément à leurs législations internes respectives, y compris en ce qui concerne la pro- tection des données personnelles ;
11. D’envisager de nommer un point de contact national auquel les agents d’autres pays pourront adresser leurs demandes de renseignements concernant les enfants victimes de la traite, y com- pris ceux qui sont portés disparus et/ou ceux qu’ils prévoient de rapatrier dans leurs pays d’ori- gine respectifs ;
12. De promouvoir les efforts de prévention de la traite des enfants en luttant contre la culture d’impunité et en réduisant et en contrant la demande qui favorise toutes les formes d’exploitation ;
13. De charger les structures exécutives concernées de l’OSCE, conformément à leurs mandats, dans la limite des ressources disponibles et en coordination avec la Représentante spéciale et Coor- dinatrice de l’OSCE pour la lutte contre la traite des êtres humains, de continuer d’aider les États participants, sur leur demande, à lutter contre toutes les formes de traite des enfants, entre autres, en maximisant la base existante des connaissances et en veillant en même temps à éviter les dou- blons entre activités et programmes financés.
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I. Déclarations du Conseil ministériel
Déclaration sur le renforcement de la coopération en matière de lutte contre la criminalité transnationale organisée (…)
3. Nous réaffirmons notre profonde inquiétude devant les effets négatifs que la criminalité trans- nationale organisée exerce sur la stabilité et la sécurité, notamment en exploitant les économies mondialisées et les sociétés ouvertes, en portant atteinte aux valeurs et à la gouvernance démo- cratiques et en menaçant la sûreté et la sécurité des citoyens, directement ou indirectement, ainsi que les droits de l’homme et les libertés fondamentales.
4. Nous réaffirmons le rôle primordial des États participants dans la lutte contre la criminalité transnationale organisée et soulignons que la meilleure façon de mener cette lutte est de veiller au respect des droits de l’homme et des libertés fondamentales ainsi que de garantir la primauté du droit, et nous insistons sur le rôle essentiel que joue un système de justice pénale efficace, fiable, professionnel, indépendant et responsable dans le maintien de la sûreté et de la sécurité publiques.
5. Nous reconnaissons le rôle central de l’Organisation des Nations Unies dans la lutte contre la cri- minalité transnationale organisée, ainsi que l’importance du travail accompli par les organisations internationales compétentes. Nous réaffirmons que le concept de sécurité globale de l’OSCE com- plète les efforts déployés au niveau mondial pour lutter contre la menace complexe que représente la criminalité transnationale organisée.
6. Nous soulignons que la lutte contre la criminalité transnationale organisée et ses causes pro- fondes nécessite des institutions démocratiques efficaces qui soient responsables devant les citoyens, des systèmes de justice pénale fondés sur la primauté du droit et la mise en œuvre d’une approche globale, complète et cohérente, afin d’anticiper et de réduire les possibilités qu’ont les groupes cri- minels organisés d’opérer dans nos sociétés, nos économies licites et nos institutions, de les infil- trer en profondeur ou de tirer profit du produit de leurs crimes.
7. Nous rappelons les outils et mécanismes internationaux pertinents qui sont disponibles pour aider les États participants à procéder à des auto-évaluations et, si besoin est, à renforcer leurs sys- tèmes de justice pénale.
8. Nous reconnaissons que la criminalité transnationale organisée peut avoir un impact différent sur différents groupes sociaux. Nous encourageons toutes les parties prenantes concernées, y com- pris la société civile, à coopérer entre elles pour contribuer à forger des communautés résilientes et élaborer des actions globales et des mesures préventives contre la criminalité transnationale
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organisée qui tiennent compte des besoins, des préoccupations et des intérêts de tous les groupes sociaux, protègent les victimes et leur donnent accès à des recours appropriés, tout en favorisant la participation réelle, sans restrictions et sur un pied d’égalité des femmes aux efforts de lutte contre cette forme de criminalité.
9. Nous soulignons qu’il importe de renforcer la coordination nationale et la coopération interna- tionale en matière de lutte contre la criminalité transnationale organisée, notamment, s’il y a lieu, grâce à des contacts et à un dialogue directs entre les autorités compétentes et à l’échange d’infor- mations et de meilleures pratiques, ainsi qu’en utilisant les outils fournis par l’OSCE, l’ONUDC et d’autres organisations internationales compétentes.
10. Nous nous engageons de nouveau à faire en sorte que la lutte contre la criminalité transnatio- nale organisée reste une des priorités de l’OSCE en renforçant la mise en œuvre de nos obligations internationales respectives et des engagements existants de l’OSCE. Nous réaffirmons que les struc- tures exécutives compétentes de l’OSCE doivent informer régulièrement les États participants des activités de l’OSCE relatives à la mise en œuvre des engagements pris à l’OSCE pour lutter contre la criminalité transnationale organisée, et nous encourageons la poursuite des discussions sur ce sujet entre les États participants.
11. Nous invitons les partenaires de l’OSCE pour la coopération à s’associer à nous pour soute- nir cette déclaration.
II. Décisions du Conseil ministériel
Décision N° 6/20
Prévenir et combattre la corruption grâce à la transformation numérique et à une transparence accrue
Le Conseil ministériel,
Rappelant qu’il importe de promouvoir la bonne gouvernance, y compris grâce à une transparence accrue, et de prévenir et combattre la corruption pour renforcer la sécurité, la stabilité et la crois- sance économique et réaffirmant les engagements de l’OSCE en la matière, (…), (…)
Conscient des risques que représente la corruption pour la sécurité, la stabilité, la démocratie, la bonne gouvernance et le développement économique et social ainsi que de la nécessité de préve- nir et de combattre la corruption de façon globale aux niveaux international et national, y compris en s’attaquant aux liens entre corruption et blanchiment d’argent, et par la mise en œuvre effec- tive de mesures de recouvrement d’avoirs et une meilleure coopération internationale et régio- nale à cet égard,
Reconnaissant la nécessité d’accroître les efforts visant à prévenir et combattre effectivement la cor- ruption, notamment grâce à la transformation numérique, tout en maintenant la primauté du droit et en protégeant les droits de l’homme,
Conscient du rôle joué par l’OSCE en soutien aux efforts déployés par les États participants pour prévenir et combattre la corruption,
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Reconnaissant qu’un secteur public fondé sur l’intégrité, l’ouverture, la transparence, la respon- sabilité, la réactivité et la primauté du droit est indispensable pour prévenir et combattre la cor- ruption, assurer une croissance et un développement économique durables, améliorer le climat des affaires et des investissements et contribuer à soutenir les efforts déployés par les États par- ticipants pour promouvoir l’intégration sociale et les possibilités offertes à tous, y compris aux femmes et aux jeunes,
Conscient de l’importance de la participation du secteur privé, de la société civile et des médias, ainsi que des milieux universitaires, aux efforts visant à prévenir et combattre la corruption ainsi qu’à améliorer la bonne gouvernance, y compris pour ce qui est de la concrétisation des principes de transparence et de responsabilité,
Reconnaissant que des services publics en ligne accessibles, sûrs et fiables qui sont axés sur l’uti- lisateur peuvent jouer un rôle clé dans l’augmentation de l’efficacité et de la transparence de l’ad- ministration publique et la promotion de la confiance en cette dernière,
Conscient de l’importance des données gouvernementales ouvertes comme outil susceptible d’ai- der à prévenir et combattre la corruption en augmentant la responsabilité et la transparence, ce qui permet aux citoyens, conformément au droit interne, de mieux surveiller l’utilisation faite des fonds publics et les processus d’élaboration des politiques,
Conscient de l’importance qu’il y a d’utiliser des méthodologies et des indicateurs objectifs ainsi que des données ventilées pour mesurer la corruption et l’impact concret des mesures de lutte contre celle-ci, conformément au droit interne, et d’adopter de meilleures politiques anti-corrup- tion fondées sur des preuves,
Ayant à l’esprit la contribution de l’Assemblée parlementaire à la promotion du dialogue entre les parlementaires de l’OSCE aux fins de renforcer la législation indispensable pour prévenir et com- battre la corruption, (…)
1. Demande aux États participants de prévenir et combattre la corruption : (a) En renforçant la bonne gouvernance, dont les principes de transparence et de responsabilité, et en promouvant l’intégrité et la surveillance ; (b) En utilisant des outils numériques pour accroître l’intégrité et la responsabilité des fournis- seurs de services publics aux fins d’aider à prévenir et combattre la corruption ainsi que de parve- nir à une croissance et à un développement économique durables, d’améliorer le climat des affaires et des investissements et de faciliter les efforts déployés par les États participants pour contribuer à l’inclusion sociale et à la participation économique équitable des femmes et des jeunes ; (c) En renforçant la transparence de l’administration publique par la numérisation des systèmes fondés sur le papier et autres systèmes analogues, en particulier dans le domaine des marchés publics et, selon que de besoin, des mécanismes existants de déclaration des revenus et des avoirs des agents publics et autres personnes exposées politiquement, dans la mesure autorisée par le droit interne, avec tout le respect voulu pour les données confidentielles et personnelles ; (d) En promouvant l’utilisation d’outils numériques pour la détection et la prévention de la cor- ruption à un stade précoce en renforçant les processus nationaux et internationaux d’identifica- tion électronique sécurisée en conformité avec le droit interne applicable ;
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(e) En introduisant des outils numériques, selon que de besoin, pour réduire les pesanteurs et obs- tacles administratifs et en facilitant l’interaction entre les citoyens, les commerces, les entreprises et l’administration publique ; (f) En promouvant des portails d’administration électronique plus transparents, responsables, fiables et accessibles dans le but de faciliter le libre-accès à l’information et la fourniture efficace de services publics ; (g) En promouvant et en utilisant les technologies numériques pour renforcer et étendre la for- mation à la lutte contre la corruption, selon que de besoin, avec les organisations internationales compétentes dans ce domaine ; (h) En encourageant la création et l’amélioration de mécanismes destinés à assurer la transparence des informations sur la propriété réelle, conformément au droit interne ; (i) En soutenant l’éducation des jeunes, conformément aux systèmes éducatifs nationaux, à l’im- portance de la bonne gouvernance, y compris la transparence, et de l’action de prévention et de lutte contre la corruption, ainsi qu’en favorisant les compétences numériques et en renforçant les mesures de sensibilisation, y compris la promotion de l’action collective et de la collaboration entre les secteurs public et privé et la société civile ; (j) En réduisant les fractures numériques existantes en promouvant et en développant l’aptitude à se servir des outils numériques et en améliorant l’accessibilité des ressources et des outils en ligne de l’administration publique ; (k) En prenant des mesures appropriées pour faire en sorte que des canaux de signalement aisément accessibles et sûrs soient mis à la disposition des lanceurs d’alerte, mettre en place et en œuvre des mécanismes juridiques appropriés pour les protéger des représailles, et encourager les organisa- tions compétentes à établir et appliquer les protections nécessaires, conformément au droit interne ; (l) En adoptant, conformément au droit interne, une approche globale multipartite pour accroître l’efficacité et améliorer la coordination des mesures et des initiatives de lutte contre la corruption, y compris en encourageant l’exercice de la responsabilité sociale des entreprises ; (m) En promouvant la participation à part entière, sur un pied d’égalité et constructive des femmes à l’élaboration et à la mise en œuvre des activités pertinentes de lutte contre la corruption, aux fins de parvenir à l’égalité des genres, sachant que la corruption touche de façon disproportionnée les femmes et les personnes vulnérables ; (n) En renforçant l’interaction et la coopération internationale entre les autorités et les parties prenantes concernées dans le domaine de la lutte contre la corruption, dans le but de favoriser l’échange d’informations, de données d’expérience, de meilleures pratiques et d’enseignements tirés ;
2. Encourage les États participants de l’OSCE qui ne l’ont pas encore fait à devenir États parties à la Convention des Nations Unies contre la corruption et à la mettre en œuvre effectivement ;
3. Encourage les États participants à tirer le meilleur parti possible de l’OSCE en tant que plate- forme pour un dialogue, une coopération, un échange d’informations et un partage des meilleures pratiques dans le domaine de la prévention de la corruption et de la lutte contre cette dernière grâce à la transformation numérique et à une transparence accrue ;
4. Charge les structures exécutives concernées de l’OSCE, y compris les opérations de terrain, dans la limite de leurs mandats et des ressources disponibles, d’aider les États participants, sur leur demande, à mettre en œuvre les dispositions de la présente décision, y compris en coopérant avec les organisations régionales et internationales compétentes ;
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5. Encourage les partenaires de l’OSCE pour la coopération à mettre en œuvre volontairement les dispositions de la présente décision.
Décision N° 7/20
Prévention et élimination de la torture et autres peines ou traitements cruels, inhumains ou dégradants
Le Conseil ministériel,
Condamnant fermement toutes les formes de torture et autres peines ou traitements cruels, inhu- mains ou dégradants, qui constituent l’une des violations les plus flagrantes des droits de l’homme et de la dignité humaine, et réaffirmant que la torture et les autres peines ou traitements cruels, inhumains ou dégradants sont et resteront interdits en tout temps et en tout lieu,
Réaffirmant que le droit de ne pas être soumis à la torture et à d’autres peines ou traitements cruels, inhumains ou dégradants est un droit auquel il ne peut être dérogé en vertu du droit internatio- nal et qu’aucune circonstance exceptionnelle, quelle qu’elle soit, qu’il s’agisse de l’état de guerre ou de menace de guerre, d’instabilité politique intérieure ou de tout autre état d’urgence, ne peut être invoquée pour justifier la torture,
Soulignant que l’interdiction de la torture est une norme impérative du droit international sans limitation territoriale, qui s’applique partout et en permanence,
Profondément préoccupé par la persistance de cas de torture et d’autres peines ou traitements cruels, inhumains ou dégradants dans de nombreuses régions du monde, y compris dans l’espace de l’OSCE, qui sont la conséquence, entre autres, de la mise en œuvre incomplète des obligations qu’imposent en la matière le droit international et les engagements de l’OSCE et de l’impunité dont continuent souvent de bénéficier les auteurs en l’absence d’enquêtes et de poursuites rapides, indépendantes et efficaces,
Profondément préoccupé par les actes de torture et autres peines ou traitements cruels, inhumains ou dégradants commis contre des personnes exerçant leurs droits de l’homme et leurs libertés fon- damentales,
Profondément préoccupé par le fait que la torture et d’autres peines ou traitements cruels, inhu- mains ou dégradants sont utilisés pour obtenir des renseignements ou des aveux, (…)
Profondément préoccupé par le fait que des disparitions forcées se produisent encore dans l’espace de l’OSCE, ce qui constitue une grave violation des droits de l’homme, (…),
Conscient que, dans les situations de conflit, y compris les conflits armés, ainsi que les troubles civils et les manifestations de masse, il convient d’accorder une attention particulière à la préven- tion de la torture et des autres peines ou traitements cruels, inhumains ou dégradants,
Réaffirmant que tous les États participants doivent respecter pleinement les obligations qui leur incombent en vertu du droit international humanitaire et du droit international des droits de l’homme,
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Soulignant qu’en vertu des Conventions de Genève de 1949, les actes de torture ou les traitements inhumains constituent des violations graves de ces conventions, que les actes de torture et les traite- ments cruels commis lors de conflits armés sont des violations graves du droit international huma- nitaire et constituent à cet égard des crimes de guerre, que les actes de torture peuvent constituer des crimes contre l’humanité et que les auteurs de tous les actes de torture doivent être poursuivis et condamnés à une peine sur décision judiciaire,
Rappelant à tous les États participants que la détention au secret prolongée ou la détention dans des lieux secrets peut faciliter la perpétration de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants et peut en soi constituer Rappelant à tous les États participants que la détention prolongée au secret ou dans des lieux secrets peut faciliter la perpétration d’actes de torture et d’autres peines ou traitements cruels, inhumains ou dégradants et peut constituer en soi un tel traitement,
Conscient que les cas de corruption, notamment au sein de la police et de la justice, peuvent nuire à la lutte contre la torture et autres peines ou traitements cruels, inhumains ou dégradants, notam- ment en affaiblissant les garanties fondamentales et en empêchant les victimes de la torture et autres peines ou traitements cruels, inhumains ou dégradants de demander utilement justice, réparation et indemnisation par l’intermédiaire du système judiciaire,
Soulignant l’importance de garanties juridiques et procédurales efficaces à tous les stades de la déten- tion, y compris dès le début de la garde à vue, pour assurer une prévention effective de la torture et des autres peines ou traitements cruels, inhumains ou dégradants,
Considérant que les femmes et les filles sont particulièrement exposées au risque de subir des actes de torture et d’autres peines ou traitements cruels, inhumains ou dégradants lorsqu’elles sont privées de liberté, conscient de l’importance d’adopter une approche sensible au genre dans la lutte contre la torture et les autres peines ou traitements cruels, inhumains ou dégradants qui tienne compte de ce risque particulier et des besoins spécifiques des femmes et des filles, notam- ment en accordant une attention particulière à la violence sexuelle ainsi qu’à la violence fondée sur le genre à leur encontre, et prenant en considération les Règles des Nations Unies concernant le traitement des détenues et l’imposition de mesures non privatives de liberté aux délinquantes (Règles de Bangkok),
Conscient qu’il est important d’adopter une approche centrée sur les victimes dans la lutte contre la torture et autres peines ou traitements cruels, inhumains ou dégradants, en accordant une atten- tion particulière aux avis et aux besoins spécifiques des victimes et des membres de leur famille immédiate lors de l’élaboration des politiques et des autres activités concernant la réadaptation des victimes, la prévention et l’établissement des responsabilités pour les actes de torture et autres peines ou traitements cruels, inhumains ou dégradants,
Considérant que pour lutter efficacement contre la torture et les autres peines ou traitements cruels, inhumains ou dégradants, il faut une approche intégrée centrée sur les victimes qui englobe la pré- vention, l’accès à la justice, l’établissement des responsabilités, la réparation et le droit opposable d’obtenir une indemnisation juste et adéquate, y compris les moyens d’une réadaptation aussi complète que possible,
Considérant que les États participants doivent protéger les droits, notamment les droits de l’homme, de toutes les personnes privées de liberté, y compris de celles qui risquent la peine de mort, confor- mément à leurs obligations internationales,
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Réaffirmant que toutes les personnes privées de liberté doivent être traitées avec humanité, dans le respect de la dignité inhérente à la personne humaine, et conscient qu’il importe que les États participants continuent de prendre des mesures appropriées pour améliorer les conditions de déten- tion afin de mieux respecter les droits de l’homme et la dignité de ces personnes, (...),
Soulignant que la Convention contre la torture dispose que tous les actes de torture, les tentatives de commettre de tels actes et le fait de s’en rendre complice ou d’y participer doivent être érigés en infractions dans le droit pénal interne et être passibles de peines appropriées reflétant leur gra- vité, et qu’aucun renseignement ni aucun aveu dont il est établi qu’il a été obtenu par la torture ne peut en aucun cas être invoqué comme preuve dans une procédure, sauf contre une personne accusée de torture, comme preuve que cette infraction a eu lieu,
Conscient du rôle que les mécanismes internationaux, régionaux et nationaux de prévention ou d’autres organismes compétents, dont les instances nationales des droits de l’homme, peuvent jouer pour prévenir efficacement les actes de torture et autres peines ou traitements cruels, inhumains ou dégradants, ainsi que de l’importance de collaborer avec les experts internationaux chargés d’aider les États participants dans leurs efforts de prévention en la matière,
Soulignant la nécessité de veiller à ce qu’aucune autorité ni aucun agent public n’ordonne, n’in- flige, n’autorise ou ne tolère quelque sanction, représailles ou intimidation que ce soit à l’encontre de toute personne, groupe ou association qui aurait pris contact, cherché à prendre contact ou été en contact avec tout organisme ou mécanisme national ou international compétent qui mène des activités visant à prévenir et combattre la torture et autres peines ou traitements cruels, inhu- mains ou dégradants,
Soulignant que les systèmes juridiques nationaux doivent faire en sorte que les victimes de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants aient réellement accès à la justice, notamment grâce à une enquête rapide, impartiale et efficace, sans subir aucune mesure de rétor- sion pour avoir porté plainte ou témoigné, et que ces victimes obtiennent réparation et aient un droit opposable à une indemnisation juste et adéquate, y compris aux moyens d’une réadaptation aussi complète que possible,
Saluant les efforts constants entrepris par la société civile aux niveaux national et international pour prévenir et combattre efficacement la torture et autres peines ou traitements cruels, inhu- mains ou dégradants et pour alléger les souffrances des victimes,
Soulignant que la coopération entre l’OSCE et d’autres organisations et mécanismes i nternationaux et régionaux est un moyen important de promouvoir la coopération multilatérale et d’obtenir de réels effets de synergie en évitant les chevauchements inutiles, ce qui peut contribuer à prévenir et à combattre efficacement la torture et autres peines ou traitements cruels, inhumains ou dégradants, (…)
Demande aux États participants :
1. Faire respecter l’interdiction absolue de toutes les formes de torture et autres peines ou traite- ments cruels, inhumains ou dégradants (…), appliquer les dispositions de celle-ci intégralement et de bonne foi et agir en pleine conformité avec ses principes ; (…)
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5. Cesser d’utiliser et s’abstenir d’utiliser des techniques d’interrogatoire qui constituent des actes de torture et autres peines ou traitements cruels, inhumains ou dégradants, y compris pour obte- nir des renseignements ou des aveux ;
6. Mettre en œuvre des garanties juridiques et procédurales efficaces à tous les stades de la déten- tion, y compris dès le début de la garde à vue ;
7. Respecter les garanties concernant la liberté, la sécurité et la dignité de la personne et veiller à ce que la détention prolongée au secret et les lieux de détention et d’interrogatoire secrets soient abolis, sachant qu’une telle détention est susceptible de faciliter la perpétration d’actes de torture et d’autres peines ou traitements cruels, inhumains ou dégradants et peut constituer en soi une telle forme de traitement ;
8. Faire en sorte que tous les actes de torture, les tentatives de commettre de tels actes et le fait de s’en rendre complice ou d’y participer deviennent des infractions pénales en droit interne en y incorporant une définition de la torture conforme à l’article 1er de la Convention contre la tor- ture et en prévoyant des peines en rapport avec la gravité de ces infractions, et interdire l’utilisa- tion de renseignements ou d’aveux obtenus par la torture ou d’autres peines ou traitements cruels, inhumains ou dégradants comme éléments de preuve dans toute procédure, sauf contre une per- sonne accusée de torture, comme preuve que cette infraction a eu lieu ;
9. Faire en sorte que toute personne détenue ou emprisonnée ou son conseil ait le droit de présen- ter aux autorités compétentes une requête ou une plainte au sujet de la façon dont elle est traitée, en particulier lorsque la torture ou d’autres peines ou traitements cruels, inhumains ou dégradants ont pu être appliqués, que cette requête ou cette plainte soit examinée rapidement et qu’il y soit répondu sans retard injustifié, et que ni la personne détenue ou emprisonnée ni aucun plaignant ou témoin ne subissent de préjudice ni de représailles à la suite de leur requête, plainte ou témoignage ;
10. Intégrer des activités d’enseignement et d’information portant sur l’interdiction de la torture ou autres peines ou traitements cruels, inhumains ou dégradants dans la formation des policiers, du personnel civil ou militaire, du personnel médical, des agents publics et des autres personnes qui peuvent intervenir dans la garde, l’interrogatoire ou le traitement de tout individu arrêté, détenu ou emprisonné de quelque façon que ce soit, y compris, le cas échéant, sur l’usage proportionné de la force, toutes les méthodes scientifiques modernes disponibles pour les enquêtes criminelles et l’importance cruciale de signaler aux autorités supérieures les cas de torture ou autres peines ou traitements cruels, inhumains ou dégradants ;
11. Soutenir les acteurs nationaux concernés tels que les mécanismes nationaux de prévention, les instances nationales des droits de l’homme ou d’autres organes ou mécanismes nationaux dans leurs efforts visant à prévenir la torture et les autres peines ou traitements cruels, inhumains ou dégradants et, pour ceux qui ont ratifié le Protocole facultatif à la Convention contre la torture, s’acquitter de leur obligation de désigner ou de mettre en place des mécanismes nationaux de pré- vention qui soient indépendants, dotés de ressources suffisantes et efficaces ;
12. Assurer une coopération entière et constante de leurs gouvernements, conformément à leurs obligations respectives découlant du droit international, avec les organes ou mécanismes interna- tionaux de prévention compétents, (…) ainsi qu’avec les organismes nationaux compétents, tels que les institutions nationales des droits de l’homme, notamment en permettant un accès sans res- triction aux lieux de détention si cela est une obligation pour un État participant en vertu du droit international ;
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13. Coopérer pleinement avec le Comité international de la Croix-Rouge (CICR), conformément à leurs obligations en vertu du droit international humanitaire ;
14. Veiller à ce que toutes les allégations de torture ou autres peines ou traitements cruels, inhu- mains ou dégradants, ainsi que les cas où il existe des motifs raisonnables de croire qu’un tel acte a été commis, fassent l’objet d’enquêtes rapides, efficaces, approfondies et impartiales menées par des autorités nationales compétentes et indépendantes, et à ce que les plaignants et les témoins soient protégés contre les mauvais traitements et l’intimidation à la suite de leur plainte ou de leur témoignage ;
15. Veiller à ce que ceux qui encouragent, incitent à commettre, ordonnent, tolèrent, autorisent, com- mettent de tels actes ou y consentent, y compris les responsables de tout lieu de détention ou autre lieu de privation de liberté où il a été constaté que l’acte interdit a été commis, répondent de leurs actes, soient traduits en justice et sanctionnés de manière proportionnelle à la gravité de l’infraction ;
16. Assurer aux victimes de la torture et d’autres peines ou traitements cruels, inhumains ou dégra- dants un recours utile et une réparation adéquate, effective et rapide, qui devraient inclure la res- titution, l’indemnisation équitable et appropriée, la réadaptation, la satisfaction et des garanties de non-répétition, compte dûment tenu des besoins spécifiques de la victime ;
17. Veiller à ce que des services de réadaptation appropriés soient rapidement mis à la disposition de toutes les victimes de la torture, sans discrimination, et prendre des mesures efficaces pour garan- tir un environnement sûr qui permette d’avoir accès aux victimes et de leur fournir de tels services ;
18. Envisager d’élaborer des mesures de soutien à toutes les personnes touchées par la torture ou d’autres peines ou traitements cruels, inhumains ou dégradants, y compris les enfants des victimes et les autres membres de leur famille immédiate ;
19. Promouvoir la diffusion, à l’intention des victimes, d’informations sur les services de réadapta- tion disponibles et veiller à ce que les procédures pour bénéficier de ces services soient transparentes ;
20. Soutenir les organisations de la société civile dans leurs efforts visant à prévenir et combattre la torture et autres peines ou traitements cruels, inhumains ou dégradants, faciliter leur action, le cas échéant, et utiliser les informations qu’elles fournissent au sujet de cas présumés de torture et autres peines ou traitements cruels, inhumains ou dégradants ;
21. Prendre des mesures législatives, administratives, judiciaires et autres appropriées et efficaces pour prévenir et interdire la production, le commerce, l’exportation, l’importation et l’utilisation d’équipements qui ne peuvent servir à rien d’autre qu’à pratiquer la torture ou à infliger d’autres peines ou traitements cruels, inhumains ou dégradants ;
22. Continuer à recourir ou envisager de recourir aux conseils, aux compétences et à l’assistance technique du BIDDH pour prévenir et combattre la torture et autres peines ou traitements cruels, inhumains ou dégradants.
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A Bureau des élections libres 74, 75, 84, 98, 103 — voir aussi BIDDH (Bureau des abolition de la peine de mort — voir droit à la institutions démocratiques et des droits de vie; voir peine de mort l’homme) anticorruption — voir corruption, lutte contre la C antisémitisme 68, 73, 86, 119, 124, 125, Charte des Nations Unies 2, 5, 6, 29, 67, 72, 128, 130, 136, 138, 143, 146, 157, 172, 93, 113, 138, 156, 160, 167, 180, 190, 193, 190, 191, 195, 235, 246, 280, 308, 330, 200, 243, 272, 292, 347, 365, 376, 402 383, 387 — voir aussi tolérance et non- discrimination citoyenneté 11, 31, 45, 122, 157 — voir aussi nationalité; voir aussi minorités nationales apatrides 157, 331 communications électroniques 96 — voir arrestation arbitraire 42, 71, 284, 421, 422 aussi Internet; voir aussi technologies de asile — voir droit d’asile; voir demandeurs l’information et de la communication d’asile (TIC) Assemblée parlementaire de l’OSCE 153, 157, compensation, droit à une 55, 312 158, 169, 196, 266, 313, 366 conscience, liberté de — voir liberté de Assemblée parlementaire de l’OSCE 249 pensée, de conscience, de religion ou de conviction assimilation — voir droit des peuples à autodétermination; voir minorités Conseil de l’Europe, coopération avec le 65, nationales 68, 73, 74, 88, 98, 102–104, 117, 128, 142, 143, 152, 154, 163, 174, 185, 233, 277, 289, association, liberté d’ — voir liberté 290, 302, 313, 339, 361, 393 d’association et de réunion pacifique contacts humains 9, 31, 44, 45, 51, 52, 56, 87, autochtones — voir populations autochtones 133, 145 autodétermination — voir droit des peuples à Convention européenne de sauvegarde autodétermination des droits de l’homme et des libertés fondamentales 58, 62, 73 B conviction, liberté de — voir liberté de BIDDH (Bureau des institutions démocra- pensée, de conscience, de religion ou de tiques et des droits de l’homme) 103, 116, conviction 117, 122, 125, 127, 129, 131, 139, 140, 141, coopération 143, 145, 146, 150, 153, 157, 158, 167, 169, Conseil de l’Europe 65, 68, 73, 103, 143, 170, 173, 183, 196, 199, 236, 247, 249, 263, 152, 185, 277 280, 281, 284, 318, 323, 334, 388
441 généralités 5, 15, 21, 28, 31, 34, 35, 50, 52, dimension humaine — voir mécanismes de 56, 65, 67, 71, 72, 74, 81, 87, 96, 107, 113, la dimension humaine; voir mise en œuvre 114, 129, 135, 136, 141, 144, 147, 155, 156, des engagements 162, 171, 176, 178, 181, 184, 191, 193, 196, données personnelles — voir protection des 197, 199, 232, 243, 249, 270–272, 277, données personnelles 290, 303, 306, 309, 344, 345, 361, 366, 369, 380, 398, 404, 426 droit à la vie 180, 241, 334 Nations Unies 39, 65, 68, 143, 184, 266, droit d’asile 158, 171, 180, 197 281, 321, 324, 381 droit de connaître ses droits 5, 29, 40, 60, 71 corruption, lutte contre la Convention des Nations Unies contre la droit des femmes — voir égalité des sexes corruption 245, 378, 407 droit des peuples à autodétermination 5, 39, généralités 153, 154, 159, 198, 202, 245, 72, 89 341, 376, 378, 389, 390, 429, 433 droit humanitaire — voir droit international création artistique — voir droits culturels/ humanitaire patrimoine culturel droit international créativité — voir droits culturels/patrimoine dérogations aux obligations 59, 64, 97, 334, culturel 436 crime organisé obligations 6, 30, 38, 42, 45, 57, 58, 60, 64, Convention des Nations Unies contre la 67, 74, 83, 98, 121, 126, 131, 135, 143, 241, criminalité transnationale 165, 169, 173, 284, 295, 303, 306, 322, 325, 340, 397, 182, 205, 252, 276, 284, 288, 298, 312, 398, 402, 410, 436 313, 368, 413, 432 principes 2, 5, 45, 94, 131, 180, 193, 270 généralités 107, 147, 153, 155, 162, 165, 170, droit international humanitaire 181, 182, 184, 194, 195, 198, 271, 276, 295, Convention de Genève 82, 121, 144 301, 310, 313, 432 généralités 68, 121, 124, 126, 129, 131, 137, crimes de haine 87, 191, 236, 247, 249, 281, 143, 144, 153, 158, 180, 241, 297, 402, 305, 307, 309, 331, 361, 385, 388 403, 440 droits civils et politiques D généralités 4, 29, 41, 64, 153, 230 Pacte international relatif aux droits civils Déclaration universelle des droits de et politiques 40, 42, 49, 58, 62, 64, 94, homme 5, 30, 36, 42, 49, 64, 94, 250, 295, 99, 295, 408 333, 348, 368 droits culturels/patrimoine culturel défenseurs des droits de l’homme 86, 90, 141 création artistique 76, 99 demandeurs d’asile 199, 236 — voir aussi créativité 73, 76, 99 droit d’asile généralités 4, 15, 29, 34, 41, 50, 52, 64, 71, 73, 76, 77, 78, 81, 99, 120, 145, 383, 397 démocratie 55, 56, 57, 70, 72, 89, 90, 104, minorités nationales 42, 77, 85, 154 121, 124, 127, 146, 147, 156, 181, 190, 193, Pacte international relatif aux droits 235, 347, 365 — voir aussi État de droit; économiques, sociaux et culturels 40, 58 voir aussi élections; voir aussi institutions vie intellectuelle 22, 77, 99 démocratiques droits de l’homme — voir Convention déportation de masse 125, 130 européenne de sauvegarde des droits de dérogations aux obligations 42 l’homme et des libertés fondamentales; voir défenseurs des droits de l’homme; voir détention arbitraire 42, 71, 284, 421, 422 médiateurs et institutions nationales pour les droits de homme; voir éducation
442 droits des femmes — voir femmes; voir genre enfants — voir aussi jeunes/jeunesse; voir aussi violence, lutte contre la; voir aussi droits économiques et sociaux — voir aussi éducation éducation Convention contre la criminalité droit de grève 60 organisée 162 droits des travailleurs 8, 31, 55, 64, 120, Convention relative aux droits de 143, 311, 312, 370, 408, 427 l’enfant 61, 154, 162, 252, 284, 288, 313 emploi 41, 44, 64, 84, 202, 225, 265, 289, exploitation sexuelle 253, 313, 327, 416, 429 373, 385, 399, 427 généralités 61, 154, 158, 217, 227, 251, 383, généralités 4, 29, 41, 55, 61, 71, 100, 155, 401 265, 373 traite 184, 251, 285, 324, 370, 416, 429 logement 8, 41, 64, 84, 120, 225, 385 Pacte international relatif aux droits esclavage 183, 206, 334, 368 économiques, sociaux et culturels 40, État de droit 56, 57, 65, 72, 83, 89, 93, 104, 58, 311 124, 127, 138, 141, 153, 157, 159, 173, 181, protection sociale 41, 64, 120, 202 235, 295, 296, 302, 334, 339, 376, 390 — voir Roms et Sintis 224, 338, 385 aussi justice; voir aussi droit international santé 41, 64, 120, 202, 227, 385 soins médicaux 226, 289, 314, 325 état d’urgence publique 62, 64, 97 droits innés 4, 29, 40, 57, 70, 121, 190, 333, États — voir expansionnisme territorial; voir 334, 348, 392, 438 intégrité territoriale des États exil arbitraire 42 E expansionnisme territorial 130, 138 éducation exploitation sexuelle accès 21, 35, 41, 44, 52, 61, 74, 84, 85, 100, enfants 253, 313, 327, 416, 429 101, 154, 227, 289, 313, 338, 360, 385, 428 femmes 100, 158, 265 droits de l’homme 40, 52, 62, 65, 95, 101, missions internationales 291 120, 122, 159, 191, 246, 282, 309, 388, 425 traite 162, 183, 206 égalité entre les sexes 183, 262, 425 Holocauste 281, 389 expression, liberté d’ — voir liberté jeunes 9, 184, 251, 281, 282, 309, 370, 401 d’expression, médias et presse libres religion 41, 52, 60 extrémisme 139, 155, 168, 172, 190, 195, 199, Roms et Sintis 227, 338, 360, 384, 385 280, 306, 344, 396, 398, 404 tolérance 67, 68, 251, 308, 331 égalité des droits 83, 99, 227, 230, 253, 295, F 309, 373 — voir aussi égalité des sexes famille — voir regroupement familial; voir vie égalité des sexes 30, 41, 100, 154, 158, 174, de famille, respect de la 185, 221, 235, 253, 254, 262, 263, 286, 357, 384, 385, 386, 392, 399 femmes — voir aussi violence, lutte contre la; voir aussi exploitation sexuelle; voir aussi égalité hommes-femmes — voir égalité des genre sexes; voir femmes Convention sur l’élimination de toutes les élections 55, 56, 57, 58, 70, 71, 84, 93, 153, formes de discrimination à l’égard des 158, 192, 237, 421 — voir aussi BIDDH femme 41, 100 (Bureau des institutions démocratiques et égalité des sexes 100, 158, 235, 254, 373, des droits de l’homme) 428 participation à la vie poliltique 41, 100, emploi — voir droits économiques et sociaux 230, 254, 261, 265, 285, 357, 377, 385, 397, 423
443 sécurité 182, 184, 421, 423 institutions démocratiques statut de réfugié 288 généralités 57, 65, 82, 84, 115, 127, 138, 146, 155, 160, 193, 198, 376, 433 formation professionnelle 8, 12, 44, 101, 225, mise en oeuvre des obligations 65, 72, 85, 258, 289, 427, 428 103, 106, 168, 213, 377, 406 intégrité territoriale des États 2, 3, 5, 67, 72, G 89, 157 génocide Internet Convention contre le génocide 281, 308, et corruption 433 334, 347 et exploitation sexuelle 313, 327, 417 généralités 308, 334 et terrorisme 181, 244, 304, 323, 398, 399, genre — voir aussi violence, lutte contre la; 404 voir aussi femmes; voir aussi exploitation et tolérance 236, 249, 250, 281, 331 sexuelle intolérance — voir xénophobie; voir racisme; lutte contre la corruption 435, 437 voir antisémitisme; voir musulmans, lutte contre la violence 425, 437 intolérance envers les; voir tolérance et Plan d’action de l’OSCE pour la promotion non-discrimination de l’égalité entre les sexes 392, 395 islamophobie — voir musulmans, intolérance grève, droit de — voir aussi liberté envers les d’association et de réunion pacifique
J H jeunes/jeunesse 12, 32, 44, 51, 74, 184, 199, haine — voir crimes de haine 281, 288, 289, 309, 331, 383, 384, 385, 387, handicap, personnes en situation de 101, 288, 396, 397, 399, 401, 420 — voir aussi enfants 427, 428 journalistes 15, 49, 50, 98, 144, 150, 309, Haut-Commissaire pour les minorités 331, 420 — voir aussi liberté d’expression, nationales 108, 116, 124, 125, 126, 127, 128, médias et presse libres; voir aussi droits 131, 139, 148, 150, 152, 154, 157, 173, 196, économiques et sociaux 334 jugement équitable — voir procès équitable, Holocauste 243, 247, 281, 308, 346, 347, 388 droit à un justice — voir aussi indépendance du système I judiciaire; voir aussi droits économiques et sociaux impartialité — voir indépendance du système administration de la justice 57, 93, 283, judiciaire 295, 312, 322, 335, 369, 425 indépendance du système judiciaire 55, 58, 71, 83, 94, 160, 284, 295, 302, 340, 391 L information, liberté d’ — voir médiateurs liberté — voir liberté de mouvement; et institutions nationales pour les voir liberté d’association et de réunion droits de homme; voir libre circulation pacifique; voir liberté de pensée, de de l’information; voir aussi liberté conscience, de religion ou de conviction; d’expression, médias et presse libres; voir voir liberté d’expression, médias et presse liberté d’expression, médias et presse libres libres liberté d’association et de réunion pacifique 54, 60, 86, 334, 382
444 liberté dassociation et de réunion mécanismes divers 69, 73, 139, 200, 203, pacifique 65, 71 218, 300, 346, 349, 367 liberté de mouvement 10, 42, 45, 51, 60, 63, médias libres — voir liberté d’expression, 71, 73, 87, 98, 145, 270 médias et presse libres liberté de pensée, de conscience, de religion médiateurs et institutions nationales pour les ou de conviction 4, 29, 39, 41, 42, 60, 66, droits de homme 40, 43, 56, 60, 66, 168, 71, 76, 143, 157, 173, 190, 236, 246, 280, 281, 266, 308 306, 334, 366, 382, 396, 401 menaces pour la sécurité humaine 89, 106, liberté d’expression, médias et presse 125, 127, 155, 182, 186, 195, 241, 303, 347, libres 13, 42, 52, 54, 59, 70, 76, 77, 83, 87, 350, 366, 381, 401 96, 98, 122, 144, 146, 149, 153, 154, 158, migrants — voir retour des migrants; voir 173, 181, 250, 281, 306, 334, 379, 389, 396, travailleurs migrants; voir migrations 420, 422 migrations 129, 144, 146, 147, 183, 195, 198, liberté dexpression, médias et presse 275, 281, 298, 355, 405 — voir aussi liberté libres 65, 71, 130 de mouvement; voir aussi travailleurs libre circulation de l’information 13, 33, 44, migrants 49, 52, 60, 73, 84, 87, 158, 420 minorités nationales — voir aussi droit des logement — voir droits économiques et peuples à autodétermination; voir aussi sociaux Roms et Sintis Convention-cadre 142 lutte contre la corruption — voir corruption, généralités 4, 30, 42, 52, 66, 72, 82, 83, 99, lutte contre la 118, 142, 153, 154, 191, 195 lutte contre la torture — voir torture, lutte Haut Comissariat 108, 126, 127, 128, 139 contre la protection 42, 66, 67, 71, 83, 85, 99, 106, 131, 139, 147, 157, 169, 236, 265, 288, 331 lutte contre la traite des êtres humains — voir traite des êtres humains, lutte contre la mise en œuvre des engagements — voir aussi dérogations aux obligations; voir aussi lutte contre la violence — voir violence, lutte mécanismes de la dimension humaine; voir contre la aussi obligation de mise en œuvre lutte contre le terrorisme — voir terrorisme, généralités 28, 36, 38, 45, 56, 62, 69, 70, 72, lutte contre le 83, 89, 106, 115, 117, 122, 134, 139, 146, 168, 179, 185, 189, 236, 241, 255, 270, 292, 297, 317, 331, 333, 341, 402, 422 M méthodes 67, 84, 93, 115, 118, 119, 129, 133, manifestation, droit de — voir liberté 134, 139, 159, 180, 182, 196, 206, 234, d’association et de réunion pacifique; voir 242, 245, 253, 263, 280, 284, 288, 298, droits civils et politiques 349, 378, 382 partenaires 43, 61, 74, 253, 339, 395 Mécanisme de Moscou 73, 90, 129, 182 mouvement, liberté de — voir liberté de Mécanisme de Vienne 38, 90, 182 mouvement mécanismes de la dimension humaine musulmans, intolérance envers les 191, 248, généralités 53, 56, 59, 62, 72, 73, 88, 99, 281, 330, 383, 389 103, 117, 124, 125, 128, 133, 138, 139, 157, 179, 285, 316, 317, 366, 378 Mécanisme de Moscou 73, 90, 129 Mécanisme de Vienne 38, 69
445 N personnes en détention 43, 95 — voir aussi prison nationalisme agressif 106, 119, 125, 128, 130, Convention sur le transfèrement des 136, 138, 143, 146, 147, 157, 172, 190, 195, personnes condamnées 61, 303 308, 330 généralités 58, 62, 288, 437 nationalité 122, 157, 179 — voir aussi Règles sur le traitement des détenus 439 minorités nationales pluralisme politique 55, 56, 57, 71, 83, 93, Nations Unies, coopération avec les 2, 39, 153, 334 — voir aussi démocratie 65, 68, 88, 102, 113, 121, 141, 143, 144, 154, Point de contact pour les questions relatives 162, 163, 167, 169, 171, 179, 184, 185, 241, aux Roms et aux Sintis (0) — voir Roms et 290, 302, 321, 324, 335, 397, 402, 403 — voir Sintis:Point de contact pour les questions aussi Charte des Nations Unies relatives aux Roms et aux Sintis populations autochtones 119 O poursuites judiciaires 39 objection de conscience 63 pratiques médicales arbitraires 43, 61 obligation de mise en œuvre 38, 89, 106, 125, 138, 147, 156, 169, 181, 196, 288, 309, 333, préjugés 87, 191, 250, 251, 265, 280, 281, 309, 340, 345, 365, 383, 422 359, 360, 384, 393
obligations du droit international — voir présomption d’innocence — voir procès droit international équitable, droit à un
ONG (organisations non- presse, liberté de — voir liberté d’expression, gouvernementales) 51, 60, 61, 62, 63, 66, médias et presse libres 74, 86, 99, 102, 103, 104, 113, 121, 128, 139, prison 397 — voir aussi arrestation 141, 152, 159, 171, 184, 232, 233, 236, 247, arbitraire; voir aussi torture, lutte contre la; 249, 290, 311, 312, 325, 386 — voir aussi voir aussi personnes en détention société civile procédure pénale 58, 87, 439 — voir aussi procès équitable, droit à un P procès équitable, droit à un 40, 58, 71, 284, parité hommes femmes — voir égalité des 295, 340, 438 sexes; voir femmes propriété, droit de 55, 60, 71, 225 partis politiques 57, 59, 65, 66, 153, 308 propriété intellectuelle 55, 77 patrimoine culturel — voir droits culturels/ protection des données personnelles 87, 311 patrimoine culturel protection sociale — voir droits économiques peine alternative 96 et sociaux peine cruelle ou dégradante — voir torture, lutte contre la R peine de mort 43, 62, 99, 122, 141, 437 — voir aussi droit à la vie racisme 68, 73, 99, 119, 124, 125, 128, 130, 136, 138, 143, 146, 154, 157, 172, 190, 195, pensée, liberté de — voir liberté de pensée, de 221, 235, 248, 307, 308, 330, 359, 383 — voir conscience, de religion ou de conviction aussi tolérance et non-discrimination personnel des forces armées 135, 290 radicalisation — voir extrémisme; voir personnes déplacées 125, 129, 144, 146, 153, terrorisme, lutte contre le 158, 237
446 recours efficace, droit à un 40, 58, 68, 71, 84, séjour, liberté de — voir liberté de 93, 158, 284, 289, 360, 384, 425 mouvement réfugiés 42, 120, 125, 129, 144, 146, 153, 158, séparation des pouvoirs — voir démocratie; 169, 180, 236, 241, 270, 297, 403, 405, 410 voir institutions démocratiques Convention relative au statut des service militaire — voir objection de réfugiés 121, 158, 171 conscience femmes 288 Sintis — voir Roms et Sintis regroupement familial 9, 10, 31, 44, 45, 46, 98 — voir aussi vie de famille, respect de la société civile 146, 159, 168, 171, 181, 202, 250, 264, 281, 290, 304, 306, 308, 309, 315, 325, régugiés 334, 361, 369, 379, 381, 385, 388, 397, 404, non-refoulement 217 426, 430 — voir aussi défenseurs des droits religion, liberté de — voir liberté de pensée, de l’homme; voir aussi ONG (organisations de conscience, de religion ou de conviction; non-gouvernementales) voir éducation société démocratique 309 — voir démocratie; Représentant pour la liberté des médias 149, voir aussi droits civils et politiques 154, 157, 169, 170, 173, 196, 251, 265, 423 soins médicaux — voir aussi droits Représentant spécial pour la lutte contre la économiques et sociaux traite des êtres humains 311, 369, 416 syndicats 30, 55, 60, 65, 66, 120 Réseau contre-terrorisme 197, 238 système judiciaire — voir indépendance du restrictions légitimes 42 système judiciaire retour des migrants 146, 153, 158 — voir aussi travailleurs migrants T réunion, liberté de — voir liberté technologies de l’information et de la d’association et de réunion pacifique communication (TIC) 181, 408, 412, 417, Roms et Sintis — voir aussi minorités 425, 426, 427, 433 — voir aussi Internet nationales terrorisme, lutte contre le généralités 68, 87, 120, 142, 152, 154, 158, Charte de l’OSCE sur la prévention et la 199, 359 lutte contre le terrorisme 178, 179, 242 participation à la vie politique 229, 339, Convention internationale pour la 384 répression des actes de terrorisme Plan d’action visant à améliorer la situation nucélaire 181, 268, 298 des Roms et des Sintis 173, 219, 220, 235, généralités 29, 37, 39, 58, 73, 107, 135, 147, 331, 337, 360, 383 155, 165, 178, 179, 185, 197, 241, 244, 277, Point de contact pour les questions 297, 321, 341, 342, 344, 353, 363, 376, relatives aux Roms et aux Sintis 142, 378, 396, 401, 403, 410 152, 154, 173, 183, 191, 232, 233 Plan d’action de Bucarest pour lutter contre le terrorisme 165, 166, 180, 185, 188, 242, 276, 297 S Réseau contre-terrorisme 197, 238 santé — voir droits économiques et sociaux Unité d’action contre le terrorisme 239, 242, 265 sécurité humaine — voir menaces pour la sécurité humaine tolérance et non-discrimination Convention sur l’élimination de toutes les sécurité sociale — voir droits économiques et formes de discrimination à l’égard des sociaux femmes 288, 392
447 Convention sur l’élimination de toutes les travailleurs migrants 8, 31, 44, 63, 74, 99, formes de discrimination raciale 220, 120, 143, 199, 236, 248, 312, 331 — voir 236 aussi droits économiques et sociaux généralités 40, 55, 66, 73, 76, 86, 99, 106, tribunal indépendant — voir indépendance 119, 143, 168, 173, 179, 190, 198, 279, 307, du système judiciaire 323, 329, 396 législation 41, 57, 68, 84, 143, 158, 221, 235, Tziganes — voir Roms et Sintis 245, 248, 253, 387 médias 181, 224, 309, 331, 384, 397, 404 minorités nationales 83 U Roms et Sentis 360, 384 universalité des droits de l’homme — voir torture, lutte contre la Déclaration universelle des droits de Convention contre la torture 43, 61, 142, homme; voir droits innés 295, 348, 437, 438 urgence publique — voir état d’urgence généralités 43, 61, 71, 142, 158, 284, 334, publique 341, 348, 421, 436 peines et traitements cruels 43, 61, 71, 142, 158, 284, 334, 348, 436, 438 V traite des êtres humains, lutte contre la vie de famille, respect de la 44, 96, 99 — voir — voir aussi exploitation sexuelle; voir aussi regroupement familial aussi torture, lutte contre la vie intellectuelle — voir droits culturels/ Convention du Conseil de l’Europe 285 patrimoine culturel; voir liberté de pensée, enfants 182, 183, 217, 251, 285, 314, 324, de conscience, de religion ou de conviction 416, 429 généralités 158, 162, 165, 173, 181, 182, 195, vie privée, respect de la 65, 96, 306, 421, 425 203, 205, 284, 299, 310, 324, 335, 368, 413 violence, lutte contre la Plan d’action de l’OSCE pour lutter contre enfants 61, 162, 289, 314 la traite des êtres humains 198, 203, 205, femmes 100, 158, 162, 174, 264, 287, 290, 252, 285 384, 392, 393, 424 prévention 173, 182, 183, 264, 289, 368, 413 généralités 87, 119, 143, 162, 393 Protocole addtionnel 182, 313, 386 minorités 68 Protocole contre le trafic illicite de religion 236, 383 migrants par terre, air et mer 183 Roms et Sintis 87, 359, 360, 383 traitement cruel ou dégradant — voir torture, lutte contre la X travail — voir travailleurs migrants; voir xénophobie 68, 73, 86, 99, 106, 119, 125, 128, droits économiques et sociaux 130, 136, 138, 143, 146, 157, 172, 190, 195, travail forcé 55, 183, 206, 311, 429 235, 248, 307, 308, 330
448
OSZE- Verpflichtungen im Bereich der menschlichen Dimension Band 2 Chronologische Zusammenstellung
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Konferenz über Sicherheit und Zusammenarbeit in Europa – Schlussakte Helsinki 1975 1
Abschliessendes Dokument des Madrider Treffens (Zweites Folgetreffen zur Helsinki-Konferenz) Madrid 1983 29
Dokument der Stockholmer Konferenz über vertrauens- und sicherheitsbildende Massnahmen und Abrüstung in Europa Stockholm 1986 38
Abschliessendes Dokument des Wiener Treffens (Drittes Folgetreffen zur Helsinki-Konferenz) Wien 1989 40
Bericht über das Umweltschutztreffen Sofia 1989 (Wien 1990) 57
Dokument der Bonner Konferenz über Wirtschaftliche Zusammenarbeit in Europa Bonn 1990 58
Dokument des Kopenhagener Treffens der Konferenz uber die menschliche Dimension der KSZE Kopenhagen 1990 59
Charta von Paris für ein neues Europa Paris 1990 74
Dokument des Krakauer Symposiums über das kulturelle Erbe der KSZE‑Teilnehmerstaaten Krakau 1991 80
Bericht des KSZE-Expertentreffens über nationale Minderheiten Genf 1991 86 Dokument des Moskauer Treffens der Konferenz über die menschliche Dimension der KSZE Moskau 1991 93
Prager Dokument über die weitere Entwicklung der KSZE-Institutionen und -Strukturen (Zweites Treffen des Rates) Prag 1992 108
Helsinki-Dokument: Herausforderung des Wandels (Gipfeltreffen der Staats- und Regierungschefs) Helsinki 1992 111
Dokument des dritten Treffens des Rates Stockholm 1992 129
Dokument des vierten Treffens des Rates Rom 1993 132
Budapester Dokument: Der Weg zu echter Partnerschaft in einem neuen Zeitalter (Gipfeltreffen der Staats- und Regierungschefs) Budapest 1994 138
Lissabonner Dokument (Gipfeltreffen der Staats- und Regierungschefs) Lissabon 1996 152
Dokument des sechsten Treffens des Ministerrats Kopenhagen 1997 155
Dokument des siebenten Treffens des Ministerrats Oslo 1998 158
Dokument von Istanbul (Gipfeltreffen der Staats- und Regierungschefs) Istanbul 1999 159
Dokument des achten Treffen des Ministerrats Wien 2000 168
Dokument des neunten Treffens des Ministerrats Bukarest 2001 171
Dokument des zehnten Treffens des Ministerrats Porto 2002 185 Dokument des elften Treffens des Ministerrats Maastricht 2003 201
Dokument des zwölften Treffens des Ministerrats Sofia 2004 251
Dokument des dreizehnten Treffens des Ministerrats Laibach 2005 279
Dokument des vierzehnten Treffens des Ministerrats Brüssel 2006 306
Dokument des fünfzehnten Treffens des Ministerrats Madrid 2007 333
Dokument des sechzehnten Treffens des Ministerrats Helsinki 2008 345
Dokument des siebzehnten Treffens des Ministerrats Athen 2009 357
Gedenkerklärung von Astana Astana 2010 378
Dokument des achtzehnten Treffens des Ministerrats Vilnius 2011 381
Dokument des neunzehnten Treffens des Ministerrats Dublin 2012 389
Dokument des zwanzigsten Treffens des Ministerrats Kiew 2013 394
Dokument des einundzwanzigsten Treffens des Ministerrats Basel 2014 401
Dokument des zweiundzwanzigsten Treffens des Ministerrats Belgrad 2015 410
Dokument des dreiundzwanzigsten Treffens des Ministerrats Hamburg 2016 418
Dokument des vierundzwanzigsten Treffens des Ministerrats Wien 2017 427 Dokument des fünfundzwanzigsten Treffens des Ministerrats Mailand 2018 435
Dokument des siebenundzwanzigsten Treffens des Ministerrats Tirana 2020 448
Index 458 Konferenz über Sicherheit und Zusammenarbeit in Europa – Schlussakte Helsinki 1975
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Haben die Hohen Vertreter der Teilnehmerstaaten feierlich folgendes angenommen:
Fragen der Sicherheit in Europa
Die Teilnehmerstaaten der Konferenz über Sicherheit und Zusammenarbeit in Europa,
Unter Bekräftigung ihres Zieles, bessere Beziehungen untereinander zu fördern sowie Bedingun- gen zu gewährleisten, unter denen ihre Völker in echtem und dauerhaftem Frieden, frei von jeg- licher Bedrohung oder Beeinträchtigung ihrer Sicherheit leben können;
Überzeugt von der Notwendigkeit, Anstrengungen zu unternehmen, um die Entspannung im universellen Sinne sowohl zu einem dauerhaften als auch zu einem immer lebensfähigeren und umfassenderen Prozeß zu machen und überzeugt davon, daß die Durchführung der Ergebnisse der Konferenz über Sicherheit und Zusammenarbeit in Europa ein bedeutender Beitrag zu die- sem Prozeß sein wird;
In der Erwägung, daß die Solidarität zwischen den Völkern sowie das gemeinsame Anliegen der Teilnehmerstaaten, die Ziele zu erreichen, wie sie von der Konferenz über Sicherheit und Zusam- menarbeit in Europa gesetzt worden sind, zur Entwicklung besserer und engerer Beziehungen untereinander auf allen Gebieten und damit zur Überwindung der aus dem Charakter ihrer frü- heren Beziehungen herrührenden Konfrontation sowie zu besserem gegenseitigem Verständnis führen sollten;
Eingedenk ihrer gemeinsamen Geschichte und in der Erkenntnis, daß die vorhandenen gemeinsa- men Elemente ihrer Traditionen und Werte bei der Entwicklung ihrer Beziehungen dienlich sein können, und von dem Wunsch geleitet, unter voller Berücksichtigung der Eigenart und Vielfalt ihrer Standpunkte und Auffassungen, nach Möglichkeiten zu suchen, ihre Bemühungen zur Über- windung des Mißtrauens und zur Vergrößerung des Vertrauens zu vereinigen, die Probleme, die sie trennen, zu lösen und zum Wohl der Menschheit zusammenzuarbeiten;
In der Erkenntnis der Unteilbarkeit der Sicherheit in Europa sowie ihres gemeinsamen Interesses an der Entwicklung der Zusammenarbeit überall in Europa und untereinander sowie unter Bekun- dung ihrer Absicht, weiterhin entsprechende Anstrengungen zu unternehmen;
In der Erkenntnis der engen Verbindung zwischen Frieden und Sicherheit in Europa und in der ganzen Welt und im Bewußtsein der Notwendigkeit, daß jeder von ihnen seinen Beitrag zur Fes- tigung des Friedens und der Sicherheit in der Welt und zur Förderung der Grundrechte, des wirt- schaftlichen und sozialen Fortschritts und des Wohlergehens aller Völker leistet;
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Haben folgendes angenommen:
1. (a) Erklärung über die Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten
Die Teilnehmerstaaten,
Unter Bekräftigung ihrer Verpflichtung zu Frieden, Sicherheit und Gerechtigkeit und zur stetigen Entwicklung freundschaftlicher Beziehungen und der Zusammenarbeit;
In der Erkenntnis, daß diese Verpflichtung, die das Interesse und die Bestrebungen der Völker widerspiegelt, für jeden Teilnehmerstaat eine durch Erfahrungen aus der Vergangenheit erhöhte Verantwortung in Gegenwart und Zukunft darstellt;
Unter Bekräftigung ihrer vollen und aktiven Unterstützung für die Vereinten Nationen und für die Stärkung ihrer Rolle und Wirksamkeit bei der Festigung des internationalen Friedens sowie der internationalen Sicherheit und Gerechtigkeit und bei der Förderung der Lösung internatio- naler Probleme sowie bei der Entwicklung freundschaftlicher Beziehungen und der Zusammen- arbeit zwischen den Staaten, soweit sie als Mitglieder der Vereinten Nationen dazu gehalten sind und im Einklang mit den Zielen und Grundsätzen der Vereinten Nationen;
In Bekundung ihrer einmütigen Zustimmung zu den Prinzipien, die unten aufgeführt sind und die mit der Charta der Vereinten Nationen übereinstimmen, sowie ihres einmütigen Willens, bei der Anwendung dieser Prinzipien in Übereinstimmung mit den Zielen und Grundsätzen der Charta der Vereinten Nationen zu handeln;
Erklären ihre Entschlossenheit, die folgenden Prinzipien, die alle von grundlegender Bedeutung sind und ihre gegenseitigen Beziehungen leiten, ein jeder in seinen Beziehungen zu allen ande- ren Teilnehmerstaaten, ungeachtet ihrer politischen, wirtschaftlichen oder sozialen Systeme, als auch ihrer Größe, geographischen Lage oder ihres wirtschaftlichen Entwicklungsstandes, zu ach- ten und in die Praxis umzusetzen:
I. Souveräne Gleichheit, Achtung der der Souveränität innewohnenden Rechte
Die Teilnehmerstaaten werden gegenseitig ihre souveräne Gleichheit und Individualität sowie alle ihrer Souveränität innewohnenden und von ihr umschlossenen Rechte achten, einschließlich insbesondere des Rechtes eines jeden Staates auf rechtliche Gleichheit, auf territoriale Integrität sowie auf Freiheit und politische Unabhängigkeit. Sie werden ebenfalls das Recht jedes anderen Teilnehmerstaates achten, sein politisches, soziales, wirtschaftliches und kulturelles System frei zu wählen und zu entwickeln sowie sein Recht, seine Gesetze und Verordnungen zu bestimmen.
Im Rahmen des Völkerrechts haben alle Teilnehmerstaaten gleiche Rechte und Pflichten. Sie wer- den das Recht jedes anderen Teilnehmerstaates achten, seine Beziehungen zu anderen Staaten im Einklang mit dem Völkerrecht und im Geiste der vorliegenden Erklärung zu bestimmen und zu gestalten, wie er es wünscht. Sie sind der Auffassung, daß ihre Grenzen, in Übereinstimmung mit dem Völkerrecht, durch friedliche Mittel und durch Vereinbarung verändert werden können. Sie haben ebenfalls das Recht, internationalen Organisationen anzugehören oder nicht anzugehören, Vertragspartei bilateraler oder multilateraler Verträge zu sein oder nicht zu sein, einschließlich des Rechtes, Vertragspartei eines Bündnisses zu sein oder nicht zu sein; desgleichen haben sie das Recht auf Neutralität.
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II. Enthaltung von der Androhung oder Anwendung von Gewalt
Die Teilnehmerstaaten werden sich in ihren gegenseitigen Beziehungen sowie in ihren internationa- len Beziehungen im allgemeinen der Androhung oder Anwendung von Gewalt, die gegen die terri- toriale Integrität oder politische Unabhängigkeit irgendeines Staates gerichtet oder auf irgendeine andere Weise mit den Zielen der Vereinten Nationen und mit der vorliegenden Erklärung unver- einbar ist, enthalten. Die Geltendmachung von Erwägungen zur Rechtfertigung eines gegen dieses Prinzip verstoßenden Rückgriffs auf die Androhung oder Anwendung von Gewalt ist unzulässig.
Die Teilnehmerstaaten werden sich dementsprechend jeglicher Handlung enthalten, die eine Gewalt- androhung oder eine direkte oder indirekte Gewaltanwendung gegen einen anderen Teilnehmer- staat darstellt. Sie werden sich gleichermaßen jeglicher Gewaltmanifestation, die den Zweck hat, einen anderen Teilnehmerstaat zum Verzicht auf die volle Ausübung seiner souveränen Rechte zu bewegen, enthalten. Sie werden sich ebenso in ihren gegenseitigen Beziehungen jeglicher gewalt- samen Repressalie enthalten. Keine solche Androhung oder Anwendung von Gewalt wird als Mittel zur Regelung von Streitfällen oder von Fragen, die zu Streitfällen zwischen ihnen führen können, verwendet werden.
III. Unverletzlichkeit der Grenzen
Die Teilnehmerstaaten betrachten gegenseitig alle ihre Grenzen sowie die Grenzen aller Staaten in Europa als unverletzlich und werden deshalb jetzt und in der Zukunft keinen Anschlag auf diese Grenzen verüben.
Dementsprechend werden sie sich auch jeglicher Forderung oder Handlung enthalten, sich eines Teiles oder des gesamten Territoriums irgendeines Teilnehmerstaates zu bemächtigen.
IV. Territoriale Integrität der Staaten
Die Teilnehmerstaaten werden die territoriale Integrität eines jeden Teilnehmerstaates achten.
Dementsprechend werden sie sich jeder mit den Zielen und Grundsätzen der Charta der Verein- ten Nationen unvereinbaren Handlung gegen die territoriale Integrität, politische Unabhängigkeit oder Einheit eines jeden Teilnehmerstaates enthalten, insbesondere jeder derartigen Handlung, die eine Androhung oder Anwendung von Gewalt darstellt.
Die Teilnehmerstaaten werden ebenso davon Abstand nehmen, das Territorium eines jeden ande- ren Teilnehmerstaates zum Gegenstand einer militärischen Besetzung oder anderer direkter oder indirekter Gewaltmaßnahmen unter Verletzung des Völkerrechts oder zum Gegenstand der Aneig- nung durch solche Maßnahmen oder deren Androhung zu machen. Keine solche Besetzung oder Aneignung wird als rechtmäßig anerkannt werden.
V. Friedliche Regelung von Streitfällen
Die Teilnehmerstaaten werden Streitfälle zwischen ihnen mit friedlichen Mitteln auf solche Weise regeln, daß der internationale Frieden und die internationale Sicherheit sowie die Gerechtigkeit nicht gefährdet werden.
Sie werden bestrebt sein, nach Treu und Glauben und im Geiste der Zusammenarbeit eine rasche und gerechte Lösung auf der Grundlage des Völkerrechts zu erreichen. Zu diesem Zweck werden sie Mittel wie Verhandlung, Untersuchung, Vermittlung, Vergleich, Schiedsspruch, gerichtliche
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Regelung oder andere friedliche Mittel eigener Wahl verwenden, einschließlich jedes Streitrege- lungsverfahrens, auf das sich die beteiligten Parteien vor Entstehen des Streitfalles geeinigt haben.
Sollte sich durch keines der vorgenannten friedlichen Mittel eine Lösung erzielen lassen, werden die an einem Streitfall beteiligten Parteien weiterhin nach einem gegenseitig zu vereinbarenden Weg zur friedlichen Regelung des Streitfalles suchen.
Teilnehmerstaaten, die Parteien eines zwischen ihnen bestehenden Streitfalles sind, sowie alle anderen Teilnehmerstaaten werden sich jeder Handlung enthalten, welche die Lage in einem sol- chen Maße verschärfen könnte, daß die Erhaltung des internationalen Friedens und der interna- tionalen Sicherheit gefährdet und dadurch eine friedliche Regelung des Streitfalles erschwert wird.
VI. Nichteinmischung in innere Angelegenheiten
Die Teilnehmerstaaten werden sich ungeachtet ihrer gegenseitigen Beziehungen jeder direkten oder indirekten, individuellen oder kollektiven Einmischung in die inneren oder äußeren Angelegen- heiten enthalten, die in die innerstaatliche Zuständigkeit eines anderen Teilnehmerstaates fallen.
Sie werden sich dementsprechend jeder Form der bewaffneten Intervention oder der Androhung einer solchen Intervention gegen einen anderen Teilnehmerstaat enthalten.
Sie werden sich gleichermaßen unter allen Umständen jeder militärischen wie auch politischen, wirtschaftlichen oder sonstigen Zwangsmaßnahme enthalten, die darauf gerichtet ist, ihrem eige- nen Interesse die Ausübung der Rechte eines anderen Teilnehmerstaates, die dessen Souveränität innewohnen, unterzuordnen und sich damit Vorteile irgendwelcher Art zu verschaffen.
Dementsprechend werden sie sich unter anderem der direkten oder indirekten Unterstützung ter- roristischer Tätigkeiten oder subversiver oder anderer Tätigkeiten enthalten, die auf den gewalt- samen Umsturz des Regimes eines anderen Teilnehmerstaates gerichtet sind.
VII. Achtung der Menschenrechte und Grundfreiheiten, einschließlich der Gedanken-, Gewissens-, Religions- oder Überzeugungsfreiheit
Die Teilnehmerstaaten werden die Menschenrechte und Grundfreiheiten, einschließlich der Gedan- ken-, Gewissens-, Religions- oder Überzeugungsfreiheit für alle ohne Unterschied der Rasse, des Geschlechts, der Sprache oder der Religion achten.
Sie werden die wirksame Ausübung der zivilen, politischen, wirtschaftlichen, sozialen, kulturel- len sowie der anderen Rechte und Freiheiten, die sich alle aus der dem Menschen innewohnenden Würde ergeben und für seine freie und volle Entfaltung wesentlich sind, fördern und ermutigen.
In diesem Rahmen werden die Teilnehmerstaaten die Freiheit des Individuums anerkennen und achten, sich allein oder in Gemeinschaft mit anderen zu einer Religion oder einer Überzeugung in Übereinstimmung mit dem, was sein Gewissen ihm gebietet, zu bekennen und sie auszuüben.
Die Teilnehmerstaaten, auf deren Territorium nationale Minderheiten bestehen, werden das Recht von Personen, die zu solchen Minderheiten gehören, auf Gleichheit vor dem Gesetz achten; sie wer- den ihnen jede Möglichkeit für den tatsächlichen Genuß der Menschenrechte und Grundfreihei- ten gewähren und werden auf diese Weise ihre berechtigten Interessen in diesem Bereich schützen.
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Die Teilnehmerstaaten anerkennen die universelle Bedeutung der Menschenrechte und Grundfrei- heiten, deren Achtung ein wesentlicher Faktor für den Frieden, die Gerechtigkeit und das Wohl- ergehen ist, die ihrerseits erforderlich sind, um die Entwicklung freundschaftlicher Beziehungen und der Zusammenarbeit zwischen ihnen sowie zwischen allen Staaten zu gewährleisten.
Sie werden diese Rechte und Freiheiten in ihren gegenseitigen Beziehungen stets achten und sich einzeln und gemeinsam, auch in Zusammenarbeit mit den Vereinten Nationen, bemühen, die uni- verselle und wirksame Achtung dieser Rechte und Freiheiten zu fördern.
Sie bestätigen das Recht des Individuums, seine Rechte und Pflichten auf diesem Gebiet zu ken- nen und auszuüben.
Auf dem Gebiet der Menschenrechte und Grundfreiheiten werden die Teilnehmerstaaten in Über- einstimmung mit den Zielen und Grundsätzen der Charta der Vereinten Nationen und mit der Allgemeinen Erklärung der Menschenrechte handeln. Sie werden ferner ihre Verpflichtungen erfüllen, wie diese festgelegt sind in den internationalen Erklärungen und Abkommen auf die- sem Gebiet, soweit sie an sie gebunden sind, darunter auch in den Internationalen Konventionen über die Menschenrechte.
VIII. Gleichberechtigung und Selbstbestimmungsrecht der Völker
Die Teilnehmerstaaten werden die Gleichberechtigung der Völker und ihr Selbstbestimmungs- recht achten, indem sie jederzeit in Übereinstimmung mit den Zielen und Grundsätzen der Charta der Vereinten Nationen und den einschlägigen Normen des Völkerrechts handeln, einschließlich jener, die sich auf die territoriale Integrität der Staaten beziehen.
Kraft des Prinzips der Gleichberechtigung und des Selbstbestimmungsrechts der Völker haben alle Völker jederzeit das Recht, in voller Freiheit, wann und wie sie es wünschen, ihren inneren und äußeren politischen Status ohne äußere Einmischung zu bestimmen und ihre politische, wirt- schaftliche, soziale und kulturelle Entwicklung nach eigenen Wünschen zu verfolgen.
Die Teilnehmerstaaten bekräftigen die universelle Bedeutung der Achtung und der wirksamen Ausübung der Gleichberechtigung und des Selbstbestimmungsrechts der Völker für die Entwick- lung freundschaftlicher Beziehungen zwischen ihnen sowie zwischen allen Staaten; sie erinnern auch an die Bedeutung der Beseitigung jeglicher Form der Verletzung dieses Prinzips.
IX. Zusammenarbeit zwischen den Staaten
Die Teilnehmerstaaten werden ihre Zusammenarbeit miteinander und mit allen Staaten in allen
Bereichen gemäß den Zielen und Grundsätzen der Charta der Vereinten Nationen entwickeln. Bei der Entwicklung ihrer Zusammenarbeit werden die Teilnehmerstaaten besonderes Gewicht auf die Bereiche legen, so wie sie im Rahmen der Konferenz über Sicherheit und Zusammenarbeit in Europa festgelegt sind, wobei jeder von ihnen seinen Beitrag unter Bedingungen voller Gleichheit leistet.
Sie werden sich bei der Entwicklung ihrer Zusammenarbeit als Gleiche bemühen, gegenseitiges Verständnis und Vertrauen, freundschaftliche und gutnachbarliche Beziehungen untereinander, internationalen Frieden, internationale Sicherheit und Gerechtigkeit zu fördern. Sie werden sich gleichermaßen bemühen, bei der Entwicklung ihrer Zusammenarbeit das Wohlergehen der Völ- ker zu verbessern und zur Erfüllung ihrer Wünsche beizutragen, unter anderem durch die Vor- teile, die sich aus größerer gegenseitiger Kenntnis sowie dem Fortschritt und den Leistungen im
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wirtschaftlichen, wissenschaftlichen, technischen, sozialen, kulturellen und humanitären Bereich ergeben. Sie werden Schritte zur Förderung von Bedingungen unternehmen, die den Zugang aller zu diesen Vorteilen begünstigen; sie werden das Interesse aller berücksichtigen, insbesondere das Interesse der Entwicklungsländer in der ganzen Welt, Unterschiede im Stand der wirtschaftlichen Entwicklung zu verringern.
Sie bestätigen, daß Regierungen, Institutionen, Organisationen und Personen eine relevante und positive Rolle zukommt, zur Erreichung dieser Ziele ihrer Zusammenarbeit beizutragen.
Sie werden bei der Verstärkung ihrer Zusammenarbeit wie oben dargelegt, danach streben, engere Beziehungen untereinander auf einer verbesserten und dauerhafteren Grundlage zum Nutzen der Völker zu entwickeln.
X. Erfüllung völkerrechtlicher Verpflichtungen nach Treu und Glauben
Die Teilnehmerstaaten werden ihre völkerrechtlichen Verpflichtungen nach Treu und Glauben erfüllen, und zwar jene Verpflichtungen, die sich aus den allgemein anerkannten Grundsätzen und Regeln des Völkerrechts ergeben, wie auch jene Verpflichtungen, die sich aus mit dem Völkerrecht übereinstimmenden Verträgen oder sonstigen Abkommen, deren Vertragspartei sie sind, ergeben.
Bei der Ausübung ihrer souveränen Rechte, einschließlich des Rechtes, ihre Gesetze und Verord- nungen zu bestimmen, werden sie ihren rechtlichen Verpflichtungen aus dem Völkerrecht ent- sprechen; sie werden ferner die Bestimmungen der Schlußakte der Konferenz über Sicherheit und Zusammenarbeit in Europa gebührend berücksichtigen und durchführen.
Die Teilnehmerstaaten bestätigen, daß im Falle eines Widerspruchs zwischen den Verpflichtungen der Mitglieder der Vereinten Nationen aus der Charta der Vereinten Nationen und ihren Verpflich- tungen aus irgendeinem Vertrag oder sonstigen internationalen Abkommen ihre Verpflichtungen aus der Charta der Vereinten Nationen gemäß ihrem Artikel 103 Vorrang haben.
Alle die vorstehend aufgeführten Prinzipien sind von grundlegender Bedeutung und werden folg- lich gleichermaßen und vorbehaltlos angewendet, wobei ein jedes von ihnen unter Beachtung der anderen ausgelegt wird.
Die Teilnehmerstaaten erklären ihre Entschlossenheit, diese Prinzipien, so wie sie in der vorlie- genden Erklärung gelegt sind, voll in allen Aspekten in ihren gegenseitigen Beziehungen und ihrer Zusammenarbeit zu achten und anzuwenden, um jedem Teilnehmerstaat die Vorteile zu sichern, die sich aus der Achtung und der Anwendung dieser Prinzipien durch alle ergeben.
Indem die Teilnehmerstaaten die vorstehenden Prinzipien gebührend berücksichtigen, insbeson- dere den ersten Satz des zehnten Prinzips, „Erfüllung völkerrechtlicher Verpflichtungen nach Treu und Glauben“, stellen sie fest, daß die vorliegende Erklärung weder ihre Rechte und Verpflichtun- gen noch die diesbezüglichen Verträge und Abkommen und Abmachungen berührt.
Die Teilnehmerstaaten geben der Überzeugung Ausdruck, daß die Achtung dieser Prinzipien die Entwicklung normaler und freundschaftlicher Beziehungen und den Fortschritt der Zusammen- arbeit zwischen ihnen auf allen Gebieten fördern wird. Ferner geben sie der Überzeugung Aus- druck, daß die Achtung dieser Prinzipien die Entwicklung politischer Kontakte zwischen ihnen begünstigen wird, die ihrerseits zum besseren Verständnis ihrer Standpunkte und Auffassungen beitragen würde.
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Die Teilnehmerstaaten erklären ihre Absicht, ihre Beziehungen zu allen anderen Staaten im Geiste der in dieser Erklärung enthaltenen Prinzipien zu gestalten.
(b) Fragen der Verwirklichung einiger der vorstehenden Prinzipien
(i) Die Teilnehmerstaaten,
Unter Bekräftigung, daß sie die Enthaltung von der Androhung oder Anwendung von Gewalt ach- ten werden und ihr Wirkung verleihen werden, und von der Notwendigkeit überzeugt, diese zu einer wirksamen Norm des internationalen Lebens zu machen,
Werden in ihren Beziehungen zueinander unter anderem die folgenden Bestimmungen, die in Übereinstimmung mit der Erklärung über die Prinzipien, die die Beziehungen der Teilnehmer- staaten leiten, stehen, achten und anwenden: • Auf alle Arten und in jeder Form, die sie für angemessen halten, der Pflicht, sich der Andro- hung oder Anwendung von Gewalt in ihren Beziehungen zueinander zu enthalten, Wirkung und Ausdruck zu verleihen; • Sich jedes mit den Zielen und Grundsätzen der Charta der Vereinten Nationen und den Bestim- mungen der Erklärung über die Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, nicht zu vereinbarenden Einsatzes bewaffneter Kräfte gegen einen anderen Teilnehmerstaat zu enthalten, insbesondere der Invasion oder des Angriffs auf sein Territorium. • Sich jeglicher Gewaltmanifestation zu enthalten, die den Zweck hat, einen anderen Teilnehmer- staat zum Verzicht auf die volle Ausübung seiner souveränen Rechte zu bewegen. • Sich jeder wirtschaftlichen Zwangsmaßnahme zu enthalten, die darauf gerichtet ist, ihrem eige- nen Interesse die Ausübung der Rechte eines anderen Teilnehmerstaates, die dessen Souverä- nität innewohnen, unterzuordnen und sich damit Vorteile irgendwelcher Art zu verschaffen; • Wirksame Maßnahmen zu ergreifen. die durch ihren Umfang und durch ihre Natur Schritte darstellen, um schließlich eine allgemeine und vollständige Abrüstung unter strenger und wirk- samer internationaler Kontrolle zu erreichen. • Im Einklang mit ihrer Pflicht, sich der Propaganda sowohl für Angriffskriege als auch für jegliche mit den Zielen der Vereinten Nationen und mit der Erklärung über die Prinzipien, die die Bezie- hungen der Teilnehmerstaaten leiten, unvereinbaren Androhung oder Anwendung von Gewalt gegen einen anderen Teilnehmerstaat zu enthalten, mit allen Mitteln, die ein jeder von ihnen für angemessen hält, ein Klima des Vertrauens und der Achtung zwischen den Völkern zu fördern. • Alle Anstrengungen zu unternehmen, um ausschließlich mit friedlichen Mitteln jeglichen Streit- fall zwischen ihnen zu regeln, dessen Fortdauer geeignet ist, die Erhaltung des internationa- len Friedens und der internationalen Sicherheit in Europa zu gefährden, und eine Lösung vor allem durch die friedlichen Mittel zu suchen, die in Artikel 33 der Charta der Vereinten Nati- onen aufgeführt sind. • Sich jeder Handlung zu enthalten, die eine friedliche Regelung von Streitfällen zwischen den Teilnehmerstaaten behindern könnte. (…)
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Zusammenarbeit in den Bereichen der Wirtschaft, der Wissenschaft und der Technik sowie der Umwelt (…)
6. Zusammenarbeit auf anderen Gebieten (…)
Wirtschaftliche und soziale Aspekte der Wanderarbeit
Die Teilnehmerstaaten,
In der Erwägung, daß die Wanderbewegungen von Arbeitskräften in Europa einen bedeutenden Umfang angenommen haben und daß sie einen wichtigen wirtschaftlichen, sozialen und mensch- lichen Faktor sowohl in den Aufnahme- als auch in den Herkunftsländern darstellen,
In der Erkenntnis, daß die Wanderarbeit auch eine Reihe von wirtschaftlichen, sozialen, mensch- lichen und anderen Problemen sowohl in den Aufnahme- als auch in den Herkunftsländern her- vorgerufen hat,
Unter gebührender Berücksichtigung der Tätigkeiten der zuständigen internationalen Organisa- tionen in diesem Bereich, insbesondere der Internationalen Arbeitsorganisation, • sind der Auffassung, daß die Probleme, die auf bilateraler Ebene durch die Wanderarbeit sowohl in Europa als auch zwischen den Teilnehmerstaaten entstanden sind, von den unmittelbar betrof- fenen Parteien behandelt werden sollen, um sie in ihrem gegenseitigen Interesse zu lösen, unter Beachtung der Sorge jedes betroffenen Staates um gebührende Berücksichtigung der Erforder- nisse, die sich aus seiner sozio-ökonomischen Lage ergeben; dabei berücksichtigt jeder Staat seine Verpflichtung, den bilateralen und multilateralen Abkommen, die er eingegangen ist, zu entsprechen, und hat folgende Ziele im Auge: • die Bemühungen der Herkunftsländer zu fördern, die darauf zielen, ihren Bürgern im eigenen Land erweiterte Beschäftigungsmöglichkeiten zu schaffen, insbesondere durch den Ausbau einer diesem Zweck dienlichen und für die Aufnahme- und Herkunftsländer geeigneten wirtschaft- lichen Zusammenarbeit; • die Bedingungen für einen geordneten Ablauf der Wanderbewegung der Arbeitskräfte durch die Zusammenarbeit zwischen dem Aufnahme- und dem Herkunftsland zu gewährleisten, wobei gleichzeitig deren persönliches und soziales Wohl gewahrt wird, und, gegebenenfalls, die Anwerbung sowie eine elementare sprachliche und berufliche Vorbereitung der Wander- arbeiter zu organisieren; • die Gleichberechtigung zwischen Wanderarbeitern und Bürgern der Gastländer hinsichtlich der Beschäftigungs- und Arbeitsbedingungen sowie der sozialen Sicherheit zu gewährleisten und darauf zu achten, daß Wanderarbeitern zufriedenstellende Lebensbedingungen und insbeson- dere Wohnverhältnisse zuteil werden; • soweit als möglich darauf zu achten, daß die Wanderarbeiter die gleichen Möglichkeiten wie die Bürger der Gastländer haben, im Falle der Arbeitslosigkeit anderweitig passende Beschäf- tigung zu finden; • zu befürworten, daß den Wanderarbeitern eine berufliche Bildung und, soweit möglich, kos- tenloser Unterricht in der Sprache des Gastlandes im Rahmen ihrer Beschäftigung zuteil wird;
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• das Recht der Wanderarbeiter zu bestätigen, im Rahmen des Möglichen regelmäßige Informa- tionen in ihrer eigenen Sprache sowohl über ihr Herkunftsland als auch über das Aufnahme- land zu erhalten; • sicherzustellen, daß die im Aufnahmeland lebenden Kinder von Wanderarbeitern unter den glei- chen Bedingungen wie die Kinder dieses Landes Zugang zum dort üblichen Unterricht haben und zu gestatten, daß sie darüber hinaus in ihrer eigenen Sprache, Kultur, Geschichte und Geo- graphie unterrichtet werden; • sich dessen bewußt zu sein, daß Wanderarbeiter, insbesondere solche, die berufliche Qualifi- kationen erworben haben, durch die Rückkehr in ihre Heimatländer nach einer gewissen Zeit dazu beitragen können, dem Mangel an qualifizierten Arbeitskräften abzuhelfen; • soweit wie möglich die Vereinigung der Wanderarbeiter mit ihren Familien zu fördern; • die von den Herkunftsländern unternommenen Bemühungen zu befürworten, die Ersparnisse der Wanderarbeiter ins Land zurückzuführen, um so das Angebot angemessener Beschäfti- gungsmöglichkeiten im Rahmen ihrer wirtschaftlichen Entwicklung zu erweitern und dadurch die Wiedereingliederung der zurückkehrenden Arbeiter zu erleichtern. (…)
Zusammenarbeit in humanitären und anderen Bereichen
Die Teilnehmerstaaten,
Von dem Wunsche geleitet, zur Stärkung des Friedens und der Verständigung zwischen den Völ- kern und zur geistigen Bereicherung der menschlichen Persönlichkeit ohne Unterschied von Rasse, Geschlecht, Sprache oder Religion beizutragen,
Im Bewußtsein, daß eine Steigerung des Austausches auf dem Gebiet der Kultur und Bildung, eine größere Verbreitung von Information, Kontakte zwischen den Menschen und die Lösung huma- nitärer Probleme zur Erreichung dieser Ziele beitragen werden,
Daher entschlossen, unabhängig von ihren politischen, wirtschaftlichen und sozialen Systemen untereinander zusammenzuarbeiten, um in den oben genannten Bereichen bessere Bedingungen zu schaffen, bestehende Formen der Zusammenarbeit zu entwickeln und zu stärken sowie neue, diesen Zielen gemäße Mittel und Wege auszuarbeiten,
In der Überzeugung, daß diese Zusammenarbeit unter voller Achtung der die Beziehungen zwi- schen den Teilnehmerstaaten leitenden Prinzipien durchgeführt werden sollte, wie sie in dem ein- schlägigen Dokument aufgeführt sind,
Haben folgendes angenommen:
1. Menschliche Kontakte
Die Teilnehmerstaaten,
In der Erwägung, daß die Entwicklung von Kontakten ein wichtiges Element bei der Stärkung freundschaftlicher Beziehungen und des Vertrauens zwischen den Völkern ist,
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In Bekräftigung der Bedeutung, die sie bei ihren gegenwärtigen Bemühungen, die Bedingungen in diesem Bereich zu verbessern, humanitären Erwägungen beimessen,
In dem Wunsch, in diesem Geist weitere Bemühungen im Zuge der Entspannung zu entwickeln, um weitergehenden Fortschritt auf diesem Gebiet zu erzielen,
Und im Bewußtsein, daß die diesbezüglichen Fragen von den betreffenden Staaten unter gegen- seitig annehmbaren Bedingungen geregelt werden müssen,
Setzen sich zum Ziel, freiere Bewegung und Kontakte auf individueller und kollektiver, sei es auf privater oder offizieller Grundlage zwischen Personen, Institutionen und Organisationen der Teil- nehmerstaaten zu erleichtern und zur Lösung der humanitären Probleme beizutragen, die sich in diesem Zusammenhang ergeben,
Erklären ihre Bereitschaft, zu diesem Zweck Maßnahmen zu ergreifen, die sie für geeignet halten, und falls notwendig, untereinander Abkommen zu schließen oder Vereinbarungen zu treffen, und
Drücken ihre Absicht aus, nunmehr zur Durchführung des folgenden zu schreiten:
(a) Kontakte und regelmäßige Begegnungen auf der Grundlage familiärer Bindungen
Um die weitere Entwicklung von Kontakten auf der Grundlage familiärer Bindungen zu fördern, werden die Teilnehmerstaaten Gesuche auf Reisen wohlwollend prüfen mit dem Ziel, Personen zu erlauben, in ihr Territorium zeitweilig und, wenn gewünscht, regelmäßig einzureisen oder aus ihm auszureisen, um Mitglieder ihrer Familien zu besuchen.
Gesuche auf zeitweilige Besuchsreisen zum Zweck von Begegnungen mit Mitgliedern ihrer Familien werden ohne Unterschied hinsichtlich des Herkunfts- oder Bestimmungslandes behandelt werden; bestehende Bestimmungen hinsichtlich Reisedokumente und Visa werden in diesem Geiste ange- wendet werden. Die Ausstellung und Ausgabe solcher Dokumente und Visa werden innerhalb ver- nünftiger Fristen erfolgen; Dringlichkeitsfälle – wie ernste Erkrankung oder Todesfall – werden mit Vorrang behandelt werden. Sie werden die Schritte unternehmen, welche notwendig sein können, um zu gewährleisten, daß die Gebühren für amtliche Reisedokumente und Visa annehmbar sind.
Sie bestätigen, daß die Einreichung eines Gesuchs betreffend Kontakte auf der Grundlage fami- liärer Bindungen zu keiner Veränderung der Rechte und Pflichten des Gesuchstellers oder seiner Familienmitglieder führen wird.
(b) Familienzusammenführung
Die Teilnehmerstaaten werden in positivem und humanitärem Geist Gesuche von Personen behan- deln, die mit Angehörigen ihrer Familie zusammengeführt werden möchten, unter besonderer Beachtung von Gesuchen dringenden Charakters – wie solchen, die von kranken oder alten Per- sonen eingereicht werden.
Sie werden Gesuche in diesem Bereich so zügig wie möglich behandeln.
Sie werden, wo notwendig, die im Zusammenhang mit diesen Gesuchen erhobenen Gebühren ver- ringern, um sicherzustellen, daß sie gemäßigt sind.
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Gesuche betreffend Familienzusammenführung, denen nicht stattgegeben wird, können auf ent- sprechender Ebene erneut eingereicht werden; sie werden von den Behörden des Aufenthaltslandes beziehungsweise des Aufnahmelandes in angemessen kurzen Zeitabständen von neuem geprüft; unter diesen Umständen werden Gebühren nur im Falle der Genehmigung des Gesuchs erhoben.
Personen, deren Gesuchen betreffend Familienzusammenführung stattgegeben wurde, können ihr Haushaltsgut und ihre persönliche Habe mitführen oder versenden; zu diesem Zwecke werden die Teilnehmerstaaten alle in den bestehenden Vorschriften enthaltenen Möglichkeiten nutzen.
Solange Angehörige derselben Familien nicht zusammengeführt sind, können Begegnungen und Kontakte zwischen ihnen entsprechend den Modalitäten für Kontakte auf der Grundlage famili- ärer Bindungen stattfinden.
Die Teilnehmerstaaten werden die Bemühungen der Gesellschaften des Roten Kreuzes und des Roten Halbmondes unterstützen, die sich mit den Problemen der Familienzusammenführung befassen.
Sie bestätigen, daß die Einreichung eines Gesuchs betreffend Familienzusammenführung zu kei- ner Veränderung der Rechte und Pflichten des Gesuchstellers oder seiner Familienmitglieder füh- ren wird.
Der aufnehmende Teilnehmerstaat wird angemessene Sorge tragen hinsichtlich der Arbeitsbe- schaffung für Personen aus anderen Teilnehmerstaaten, die in diesem Staat im Rahmen der Fami- lienzusammenführung mit dessen Bürgern ständigen Wohnsitz nehmen, und darauf achten, daß ihnen die gleichen Möglichkeiten der Bildung, medizinischen Betreuung und sozialen Sicherheit wie den eigenen Bürgern gewährt werden.
(c) Eheschließung zwischen Bürgern verschiedener Staaten
Die Teilnehmerstaaten werden wohlwollend und auf der Grundlage humanitärer Erwägungen Gesuche auf Bewilligung der Aus- oder Einreise von Personen prüfen, die beschlossen haben, einen Bürger aus einem anderen Teilnehmerstaat zu heiraten.
Die Bearbeitung und Ausgabe der Dokumente, die zu den oben genannten Zwecken und für die Eheschließung erforderlich sind, wird in Übereinstimmung mit den Bestimmungen erfolgen, die für die Familienzusammenführung angenommen wurden.
Bei der Behandlung von Gesuchen bereits verheirateter Ehegatten aus verschiedenen Teilnehmer- staaten, es ihnen und den minderjährigen Kindern aus ihrer Ehe zu ermöglichen, ihren Wohnsitz in einen Staat zu verlegen, in dem einer von ihnen normalerweise ansässig ist, werden die Teil- nehmerstaaten ebenfalls die Bestimmungen anwenden, die für die Familienzusammenführung angenommen wurden.
(d) Reisen aus persönlichen oder beruflichen Gründen
Die Teilnehmerstaaten beabsichtigen, Möglichkeiten für umfassenderes Reisen ihrer Bürger aus per- sönlichen oder beruflichen Gründen zu entwickeln; zu diesem Zweck beabsichtigen sie insbesondere: • schrittweise die Verfahren für die Aus- und Einreise zu vereinfachen und flexibel zu handhaben • die Vorschriften für Ortsveränderungen von Bürgern aus den anderen Teilnehmerstaaten auf ihrem Territorium flexibler zu gestalten, unter gebührender Berücksichtigung von Sicherheits- erfordernissen.
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Sie werden sich bemühen, die Gebühren für Visa und amtliche Reisedokumente, wo notwendig, schrittweise zu senken.
Sie beabsichtigen, gegebenenfalls Mittel – einschließlich, sobald angebracht, des Abschlusses von multilateralen oder bilateralen Konsularkonventionen oder anderer einschlägiger Abkommen oder Absprachen – zu erwägen zur Verbesserung von Vereinbarungen über die Gewährung konsulari- scher Dienste, einschließlich des rechtlichen und konsularischen Beistands.
Sie bestätigen, daß religiöse Bekenntnisse, Institutionen und Organisationen, die im verfassungs- mäßigen Rahmen der Teilnehmerstaaten wirken, sowie ihre Vertreter in den Bereichen ihrer Tätigkeit untereinander Kontakte und Treffen haben sowie Informationen austauschen können.
(e) Verbesserung der Bedingungen für den Tourismus auf individueller oder kollektiver Grundlage
Die Teilnehmerstaaten sind der Auffassung, daß der Tourismus zu einer vollständigeren Kenntnis des Lebens, der Kultur und der Geschichte anderer Länder, zu wachsendem Verständnis zwischen den Völkern, zur Verbesserung der Kontakte und zur umfassenderen Freizeitgestaltung beiträgt. Sie beabsichtigen, die Entwicklung des Tourismus auf individueller oder kollektiver Grundlage zu fördern; insbesondere beabsichtigen sie: • Reisen in ihre Länder zu fördern, indem sie zu geeigneten Erleichterungen, zur Vereinfachung und Beschleunigung der für solche Reisen erforderlichen Formalitäten ermutigen; • auf der Grundlage geeigneter, gegebenenfalls erforderlicher Abkommen oder Vereinbarungen die Zusammenarbeit bei der Entwicklung des Tourismus zu verstärken, indem sie insbesondere bilateral Möglichkeiten zur Erweiterung der Information über Reisen in andere Länder, über die Aufnahme von und den Service für Touristen sowie andere diesbezügliche Fragen gegen- seitigen Interesses prüfen.
(f) Begegnungen der Jugend
Die Teilnehmerstaaten beabsichtigen, die Entwicklung von Kontakten und des Austausches unter der Jugend zu fördern, indem sie ermutigen: • zur Vermehrung des Austausches und der Kontakte auf kurz- oder langfristiger Grundlage unter der Jugend, die in der Arbeit, in der Ausbildung oder im Studium steht, durch bilaterale oder multilaterale Abkommen oder regelmäßige Programme, in allen Fällen, in denen es mög- lich erscheint; • zur Prüfung durch ihre Jugendorganisationen der Fragen möglicher Abkommen über Rahmen multilateraler Jugendzusammenarbeit; • zu Abkommen oder regelmäßigen Programmen, die sich auf die Organisierung von Studen- tenaustausch, internationalen Jugendseminaren, Berufsausbildungs- und Fremdsprachenkur- sen beziehen; • zur weiteren Entwicklung des Jugendtourismus und der Gewährung geeigneter Erleichterun- gen zu diesem Zweck; • zur Entwicklung, wo möglich, von Austausch, Kontakten und Zusammenarbeit auf bilateraler oder multilateraler Grundlage zwischen ihren Organisationen, die weite Kreise der Jugend ver- treten, die in der Arbeit, in der Ausbildung oder im Studium steht;
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• das Bewußtsein unter der Jugend der Bedeutung einer Entwicklung des gegenseitigen Verständ- nisses sowie der Stärkung freundschaftlicher Beziehungen und des Vertrauens unter den Völkern.
(g) Sport
Um bestehende Verbindungen und Zusammenarbeit auf dem Gebiet des Sports zu erweitern, werden die Teilnehmerstaaten entsprechende Kontakte und entsprechenden Austausch fördern, einschließlich Sporttreffen und Wettkämpfen aller Art, auf der Grundlage der geltenden interna- tionalen Regeln, Bestimmungen und Praxis.
(h) Erweiterung der Kontakte
Im Zuge der weiteren Entwicklung von Kontakten zwischen staatlichen Institutionen und nicht- staatlichen Organisationen bzw. Vereinigungen, einschließlich Frauenorganisationen, werden die Teilnehmerstaaten die Einberufung von Zusammenkünften sowie Reisen von Delegationen, Grup- pen und Einzelpersonen erleichtern.
2. Information
Die Teilnehmerstaaten,
Im Bewußtsein der Notwendigkeit einer immer umfassenderen Kenntnis und eines immer besse- ren Verstehens der verschiedenen Aspekte des Lebens in anderen Teilnehmerstaaten,
In Anerkennung des Beitrages dieses Prozesses zum Anwachsen des Vertrauens zwischen den Völkern,
In dem Wunsch, mit der Entwicklung des gegenseitigen Verständnisses zwischen den Teilnehmer- staaten und mit der weiteren Verbesserung ihrer Beziehungen, mit weiteren Anstrengungen fort- zufahren, um Fortschritte in diesem Bereich zu erzielen,
In Anerkennung der Bedeutung der Verbreitung von Informationen aus den anderen Teilnehmer- staaten und einer besseren Kenntnis solcher Informationen,
Daher betonend die wesentliche und einflußreiche Rolle von Presse, Rundfunk, Fernsehen, Kino und der Nachrichtenagenturen sowie der auf diesen Gebieten tätigen Journalisten,
Setzen sich zum Ziel, die freiere und umfassendere Verbreitung von Informationen aller Art zu erleichtern, die Zusammenarbeit im Bereich der Information und den Informationsaustausch mit anderen Ländern zu fördern sowie die Bedingungen zu verbessern, unter denen Journalisten aus einem Teilnehmerstaat ihren Beruf in einem anderen Teilnehmerstaat ausüben, und
Drücken ihre Absicht aus, insbesondere:
(a) Verbesserung der Verbreitung von, des Zugangs zu und des Austausches von Information
(i) Mündliche Information • Die Verbreitung mündlicher Information durch Förderung von Vorträgen und Vortrags- reisen von Persönlichkeiten und Fachleuten aus den anderen Teilnehmerstaaten sowie von
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Meinungsaustausch bei Gesprächen am Runden Tisch, Seminaren, Symposien, Sommerkursen, Kongressen und anderen bilateralen und multilateralen Treffen zu erleichtern.
(ii) Gedruckte Information • Auf ihrem Territorium die Verbesserung der Verbreitung von periodisch und nicht periodisch erscheinenden Zeitungen und gedruckten Veröffentlichungen aus den anderen Teilnehmerstaa- ten zu erleichtern. Zu diesem Zweck:
werden sie ihre kompetenten Firmen und Organisationen ermutigen, Abkommen und Verträge zu schließen, die auf eine schrittweise Erhöhung der Menge sowie der Anzahl der Titel von Zei- tungen und Veröffentlichungen gerichtet sind, die aus den anderen Teilnehmerstaaten eingeführt werden. Diese Abkommen und Verträge sollen insbesondere die Bedingungen für schnellste Liefe- rung sowie die Benutzung der in jedem Lande für den Vertrieb seiner eigenen Veröffentlichungen und Zeitungen bestehenden üblichen Verbreitungswege erwähnen, sowie zwischen den Parteien vereinbarte Zahlungsformen und -mittel, die es ermöglichen, die Zielsetzungen dieser Abkom- men und Verträge zu verwirklichen; wo notwendig, werden sie die geeigneten Maßnahmen treffen, damit die oben angeführten Ziele erreicht und die in den Abkommen und Verträgen enthaltenen Bestimmungen durchgeführt werden. • Zur Verbesserung des Zugangs der Öffentlichkeit zu gedruckten, periodisch und nicht perio- disch erscheinenden Veröffentlichungen beizutragen, die auf den oben genannten Grundlagen eingeführt werden. Insbesondere werden sie: – eine Erhöhung der Anzahl der Stellen für den Verkauf dieser Veröffentlichungen fördern, – das Angebot dieser periodisch erscheinenden Veröffentlichungen bei Kongressen, Konferen- zen, offiziellen Besuchen und anderen internationalen Veranstaltungen sowie an Touristen während der Saison erleichtern, – die Möglichkeiten für Abonnements gemäß den jedem Land eigenen Modalitäten entwickeln; – die Möglichkeiten verbessern, diese Veröffentlichungen in den großen öffentlichen Biblio- theken und ihren Lesesälen sowie in den Universitätsbibliotheken zu lesen und auszuleihen.
Sie beabsichtigen, die Möglichkeiten für die Kenntnisnahme offizieller Informationsbulletins zu verbessern, die von diplomatischen Vertretungen herausgegeben und von ihnen auf der Grundlage von Absprachen, die für die interessierten Stellen annehmbar sind, verbreitet werden.
(iii) Gefilmte und gesendete Information • die Verbesserung der Verbreitung gefilmter und gesendeter Information zu fördern. Zu die- sem Zweck: – werden sie die umfassendere Vorführung und Sendung einer größeren Vielfalt aufgezeichne- ter und gefilmter Information aus den anderen Teilnehmerstaaten fördern, die die verschie- denen Aspekte des Lebens in ihren Ländern veranschaulicht und auf der Grundlage solcher Abkommen oder Absprachen erhalten wird, die zwischen den unmittelbar betroffenen Orga- nisationen und Firmen notwendig sein können; – werden sie die Einfuhr von bespieltem audio-visuellem Material aus den anderen Teilnehmer- staaten durch die kompetenten Organisationen und Firmen erleichtern.
Die Teilnehmerstaaten stellen die Ausdehnung bei der Verbreitung von Information durch Rund- funksendungen fest und drücken die Hoffnung auf Fortsetzung dieses Prozesses aus, so daß das dem Interesse an gegenseitiger Verständigung zwischen den Völkern und den von der Konferenz festgelegten Zielen entspricht.
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(b) Zusammenarbeit im Bereich der Information
Die Zusammenarbeit im Bereich der Information auf der Grundlage kurz- oder langfristiger Abkommen oder Vereinbarungen zu fördern. Insbesondere werden sie: • eine verstärkte Zusammenarbeit zwischen Organisationen der Massenmedien, einschließlich Presseagenturen, sowie zwischen Verlagen und Verlagsorganisationen fördern: • die Zusammenarbeit zwischen ihren öffentlichen oder privaten oder internationalen Rundfunk- und Fernsehorganisationen fördern, insbesondere durch den Austausch von Rundfunk- und Fernsehprogrammen, sowohl Live-Sendungen als auch Aufzeichnungen, und durch gemein- same Produktion sowie durch Ausstrahlung und Vertrieb solcher Programme; • Treffen und Kontakte sowohl zwischen Journalistenverbänden als auch zwischen Journalisten aus den Teilnehmerstaaten fördern; • die Möglichkeiten von Absprachen zwischen periodisch erscheinenden Veröffentlichungen sowie zwischen Zeitungen aus den Teilnehmerstaaten zum Zwecke des Austausches und der Veröf- fentlichung von Artikeln mit Wohlwollen betrachten; • den Austausch von technischen Informationen sowie die Organisierung gemeinsamer Forschung und von Treffen, die dem Erfahrungs- und Meinungsaustausch zwischen Presse-, Rundfunk- und Fernsehexperten dienen, fördern.
(c) Verbesserung der Arbeitsbedingungen für Journalisten
Die Teilnehmerstaaten, von dem Wunsch geleitet, die Bedingungen zu verbessern, unter denen Journalisten aus einem Teilnehmerstaat ihren Beruf in einem anderen Teilnehmerstaat ausüben, beabsichtigen insbesondere: • in wohlwollendem Geist und innerhalb sachgerechter und vernünftiger Fristen Anträge von Journalisten auf Visaerteilung zu prüfen; • den ständig akkreditierten Journalisten aus den Teilnehmerstaaten auf der Grundlage von Ver- einbarungen Visa für mehrfache Ein- und Ausreise für bestimmte Zeiträume zu erteilen; • die Ausgabe von Aufenthaltsbewilligungen für akkreditierte Journalisten aus den Teilnehmer- staaten für das Land ihres zeitweiligen Wohnsitzes und, wenn und sobald diese notwendig sind, anderer amtlicher Dokumente zu erleichtern, die für sie gegebenenfalls erforderlich sind; • auf der Grundlage der Gegenseitigkeit die Verfahren für die Ausführung von Reisen durch Journalisten aus den Teilnehmerstaaten in dem Land, in dem sie ihren Beruf ausüben, leichter zu gestalten, und schrittweise größere Gelegenheiten für solche Reisen zu bieten, unter Beach- tung der Bestimmungen hinsichtlich des Bestehens von Gebieten, die aus Sicherheitsgründen gesperrt sind, • sicherzustellen, daß Anträge solcher Journalisten für diese Reisen, soweit als möglich, zügig beantwortet werden, unter Berücksichtigung des Zeitplans des Antrags; • für Journalisten aus den Teilnehmerstaaten die Möglichkeiten zu vermehren, persönlich mit ihren Informationsquellen, einschließlich Organisationen und offiziellen Institutionen in Ver- bindung zu treten;
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• Journalisten aus den Teilnehmerstaaten das Recht zu gewähren, die technische (Photo-, Kino-, Tonband-, Rundfunk- und Fernseh-) Ausrüstung einzuführen, die für die Ausübung ihres Beru- fes erforderlich ist, unter der alleinigen Bedingung, daß sie wieder ausgeführt wird;* • den Journalisten aus den anderen Teilnehmerstaaten, ob zeitweilig oder ständig akkreditiert, ermöglichen, die Ergebnisse ihrer beruflichen Tätigkeit, einschließlich Bandaufnahmen und unentwickelte Filme, vollständig, auf normale Weise und schnell, auf den von den Teilnehmer- staaten anerkannten Wegen den von ihnen vertretenen Informationsorganen zum Zweck der Veröffentlichung oder der Sendung im Rundfunk und Fernsehen zu übermitteln.
Die Teilnehmerstaaten bekräftigen, daß die legitime Ausübung der beruflichen Tätigkeit weder zur Ausweisung von Journalisten noch anderweitig zu Strafmaßnahmen gegen sie führen wird. Wenn ein akkreditierter Journalist ausgewiesen wird, wird er über die Gründe für diese Maßnahme unterrichtet werden und kann einen Antrag auf Überprüfung seines Falles stellen.
3. Zusammenarbeit und Austausch im Bereich der Kultur
Die Teilnehmerstaaten
In der Erwägung, daß Austausch und Zusammenarbeit im Bereich der Kultur zu einem besseren Verständnis zwischen den Menschen und den Völkern beitragen und so eine dauerhafte Verstän- digung zwischen den Staaten fördern,
In Bestätigung der auf diesem Gebiet bereits multilateral erarbeiteten Folgerungen, insbesondere bei der von der UNESCO im Juni 1972 in Helsinki veranstalteten zwischenstaatlichen Konferenz über Kulturpolitik in Europa, bei der das Interesse an einer aktiven Beteiligung breitester sozialer Schichten an einem immer vielfältigeren kulturellen Leben zu Tage getreten ist,
In dem Wunsch, mit der Entwicklung des gegenseitigen Vertrauens und der weiteren Verbesse- rung der Beziehungen zwischen den Teilnehmerstaaten, ihre Bemühungen um Fortschritt in die- sem Bereich fortzusetzen und zu verstärken,
In der Bereitschaft, in diesem Geist ihren Kulturaustausch wesentlich zu erweitern, sowohl im Hin- blick auf Personen als auch auf Werke und in allen Bereichen der Kultur, auf bilateraler und auf multilateraler Grundlage eine aktive Zusammenarbeit untereinander zu entwickeln,
In der Überzeugung, daß eine solche Festigung ihrer gegenseitigen Beziehungen zur Bereicherung einer jeden Kultur beitragen wird, unter Achtung der Eigenart einer jeden, sowie zur Verstärkung des Bewußtseins gemeinsamer Werte unter ihnen, wobei sie weiterhin die kulturelle Zusammen- arbeit mit den anderen Ländern der Welt entwickeln,
Erklären sich gemeinsam folgendes zum Ziel zu setzen:
(a) die gegenseitige Information im Hinblick auf eine bessere Kenntnis der jeweiligen kulturellen Leistungen zu entwickeln, (b) die materiellen Möglichkeiten für Austausch und Verbreitung kultureller Güter zu verbessern,
* Bei Anerkennung der Tatsache, daß in vielen Fällen geeignetes örtliches Personal von ausländischen Jour- nalisten beschäftigt wird, halten die Teilnehmerstaaten fest, daß die oben angeführten Bestimmungen unter Beachtung der entsprechenden Regeln auf Personen aus den anderen Teilnehmerstaaten angewendet würden, die regelmäßig und berufsmäßig als Techniker, Photographen oder Kameraleute der Presse, des Rundfunks, Fernsehens oder Kinos beschäftigt sind.
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(c) den Zugang aller zu den jeweiligen kulturellen Leistungen zu fördern, (d) Kontakte und Zusammenarbeit zwischen Personen zu entwickeln, die eine kulturelle Tätig- keit ausüben, (e) neue Bereiche und Formen der kulturellen Zusammenarbeit zu suchen,
Bekunden damit ihren gemeinsamen Willen zu einem schrittweisen, folgerichtigen und langfris- tigen Vorgehen, um die Ziele der vorliegenden Erklärung zu erreichen; und
Drücken ihre Absicht aus, nunmehr zur Durchführung des folgenden zu schreiten:
Erweiterung der Beziehungen
Die Zusammenarbeit und die Beziehungen im Bereich der Kultur auf den verschiedenen Ebenen zu erweitern und zu verbessern, insbesondere durch: • den Abschluß, wo angebracht, von Abkommen auf bilateraler oder multilateraler Grundlage, die eine Erweiterung der Beziehungen zwischen zuständigen staatlichen Institutionen und nicht- staatlichen Organisationen • im Bereich der Kultur sowie zwischen auf kulturellem Gebiet tätigen Personen vorsehen, unter Berücksichtigung dessen, daß sowohl Flexibilität als auch die umfassendste Nutzung bestehen- der Abkommen notwendig sind, wobei sie beachten, daß Abkommen ebenso wie auch andere Vereinbarungen wichtige Mittel zur Entwicklung von Zusammenarbeit und Austausch im Bereich der Kultur sind; • ihren Beitrag zur Entwicklung von unmittelbarer Verbindung und Zusammenarbeit zwischen den in Betracht kommenden staatlichen Institutionen und nichtstaatlichen Organisationen, ein- schließlich, wo notwendig, solcher Verbindung und Zusammenarbeit, die auf Grund besonde- rer Abkommen und Vereinbarungen erfolgen; • Förderung unmittelbarer Kontakte und Verbindungen zwischen Personen, die auf dem Gebiet der Kultur tätig sind, einschließlich, wo notwendig, solcher Kontakte und Verbindungen, die auf Grund besonderer Abkommen und Vereinbarungen erfolgen.
Gegenseitige Kenntnis
Im Rahmen ihrer Zuständigkeit auf bilateraler und multilateraler Ebene geeignete Maßnahmen zu ergreifen, um ihren Völkern eine umfassendere und vollständigere gegenseitige Kenntnis ihrer Leistungen auf den verschiedenen Gebieten der Kultur zu vermitteln, darunter: • gemeinsam, falls erforderlich unter Mitwirkung geeigneter internationaler Organisationen, die Möglichkeit der Schaffung einer Bank für kulturelle Daten in Europa und deren Struktur zu prüfen, die Informationen aus den Teilnehmerländern sammeln und sie auf Verlangen ihren Korrespondenten verfügbar machen würde, und zu diesem Zweck eine Tagung von Sachver- ständigen aus interessierten Staaten einzuberufen; • Wege zur Zusammenstellung in Europa eines Katalogs von Dokumentarfilmen kultureller oder wissenschaftlicher Natur aus den Teilnehmerstaaten zu prüfen, falls erforderlich zusammen mit geeigneten internationalen Organisationen; • häufigere Buchausstellungen zu fördern und die Möglichkeit zu prüfen, in Europa regelmäßig eine Ausstellung großen Maßstabs von Büchern aus den Teilnehmerstaaten zu veranstalten; • zwischen den entsprechenden Einrichtungen und Verlagen den systematischen Austausch von Katalogen verfügbarer Bücher sowie von Vorankündigungsmaterial zu fördern, welches möglichst
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alle bevorstehenden Publikationen umfaßt; ebenso den Austausch von Materialien zwischen Ver- lagen enzyklopädischer Werke anzuregen, um die Darstellung eines jeden Landes zu verbessern; • Fragen der Erweiterung und Verbesserung des Informationsaustausches auf den verschiedenen Gebieten der Kultur, wie zum Beispiel Theater, Musik, Bibliothekswesen und Erhaltung und Restaurierung von Kulturgütern, gemeinsam zu prüfen.
Austausch und Verbreitung
Zur Verbesserung der Möglichkeiten für den Austausch und die Verbreitung von Kulturgütern durch geeignete Mittel beizutragen, insbesondere: • die Möglichkeiten zu untersuchen, die Belastungen beim internationalen Handelsaustausch von Büchern und anderen kulturellen Materialien zu harmonisieren und zu verringern, sowie neue Mittel zu prüfen, um Kunstwerke auf Ausstellungen im Ausland zu versichern und um die Risiken von Beschädigung oder Verlust, denen diese Werke durch ihren Ortswechsel aus- gesetzt sind, herabzusetzen; • die Zollabfertigungsformalitäten für diejenigen Kunstwerke und Requisiten, die auf dem zwi- schen den Organisatoren künstlerischer Veranstaltungen abgestimmten Inventar aufgeführt sind, so zu erleichtern, daß sie im Einklang mit dem Zeitplan dieser Veranstaltungen stehen; • Förderung von Zusammenkünften zwischen Vertretern zuständiger Stellen und einschlägiger Firmen zur Prüfung von Maßnahmen in ihrem Wirkungsbereich, wie solche, die die Vereinfa- chung von Bestellverfahren, die Lieferfristen und die Zahlungsmodalitäten betreffen könnten und geeignet wären, den internationalen Handelsaustausch von Büchern zu erleichtern; • Förderung des Verleihs und Austausches von Filmen zwischen ihren Filmforschungsanstalten und Kinematheken; • den Austausch von Informationen zwischen den interessierten Stellen über Veranstaltungen kul- tureller Art, die in den Teilnehmerstaaten vorgesehen sind, zu fördern, und zwar in den Berei- chen, die sich am besten dafür eignen, wie Musik, Theater und bildende Künste, mit dem Ziel, zur Zusammenstellung und Herausgabe eines Terminkalenders solcher Veranstaltungen beizu- tragen, nötigenfalls mit Unterstützung durch die entsprechenden internationalen Organisationen; • eine Untersuchung des Einflusses zu fördern, welchen die voraussehbare Entwicklung und eine mögliche Harmonisierung der für die Verbreitung von Kulturwerten angewandten technischen Mittel zwischen interessierten Parteien auf die Entwicklung der kulturellen Zusammenarbeit und des kulturellen Austausches haben könnte, wobei sie die Erhaltung der Verschiedenheit und Eigenart ihrer Kulturen berücksichtigen; • im Rahmen ihrer Kulturpolitik, auf die Weise, die sie für geeignet halten, die Weiterentwick- lung des Interesses für das Kulturgut der anderen Teilnehmerstaaten zu fördern, eingedenk der Vorzüge und des Wertes jeder Kultur; • Sorge zu tragen für die volle und wirksame Durchführung der internationalen Abkommen und Konventionen über Urheberrechte und über die Verbreitung der Kulturgüter, denen sie beige- treten sind oder in Zukunft beizutreten beschließen.
Zugang
Einen umfassenderen gegenseitigen Zugang aller zu den Leistungen – den Werken, den Erfahrun- gen und der darstellenden Kunst – auf den verschiedenen Gebieten der Kultur ihrer Länder zu fördern und zu diesem Zweck die bestmöglichen Anstrengungen in Übereinstimmung mit ihrer Zuständigkeit zu unternehmen, insbesondere:
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• die umfassendere Verbreitung von Büchern und künstlerischen Werken zu fördern, indem sie unter anderem: – unter voller Berücksichtigung der internationalen Urheberrechtskonventionen, denen sie angehören, die internationalen Kontakte und Verbindungen zwischen Autoren und Verlagen sowie anderen kulturellen Einrichtungen begünstigen im Hinblick auf einen vollständigeren gegenseitigen Zugang zu den kulturellen Leistungen; – empfehlen, daß die Verlage bei der Festsetzung der Auflagenhöhen auch die Nachfrage aus den anderen Teilnehmerstaaten berücksichtigen, und daß die Vertriebsrechte in den anderen Teilnehmerstaaten, im Einvernehmen zwischen den interessierten Partnern, an mehrere Ver- triebsorganisationen der Importländer vergeben werden, wo dies möglich ist; – die zuständigen Organisationen und die einschlägigen Firmen zum Abschluß von Abkom- men und Kontrakten ermutigen, und dadurch zu einer schrittweisen Erhöhung der Anzahl und Vielfalt der Werke von Autoren aus den anderen Teilnehmerstaaten beitragen, die im Ori- ginal und in Übersetzung in ihren Bibliotheken und ihren Buchhandlungen verfügbar sind; – eine Erhöhung, wo dies als zweckmäßig erkannt wird, der Anzahl der Stellen fördern, wo Bücher von Autoren aus den anderen Teilnehmerstaaten im Original, importiert auf Grund von Abkommen und Kontrakten, und in Übersetzung verkauft werden; – in breiterem Ausmaß die Übersetzung literarischer und anderer kultureller Werke, die in den Sprachen der anderen Teilnehmerstaaten, insbesondere in den am wenigsten verbreiteten Sprachen, geschaffen wurden, sowie die Herausgabe und Verbreitung der übersetzten Werke durch Maßnahmen fördern, wie zum Beispiel: – die Förderung von regelmäßigeren Kontakten zwischen interessierten Verlagen; – die Verstärkung ihrer Bemühungen um die Aus- und Weiterbildung von Übersetzern; – die Anregung, mit geeigneten Mitteln, an die Verlage ihrer Länder, Übersetzungen heraus- zugeben; – die Förderung des Austausches von Listen mit Hinweisen auf Bücher, die für Übersetzungen in Betracht kommen, zwischen Herausgebern und interessierten Stellen; – die Förderung der beruflichen Tätigkeit und Zusammenarbeit der Übersetzer zwischen ihren Ländern; – die Durchführung einer gemeinsamen Untersuchung über die Mittel zur Förderung der Über- setzung und ihrer Verbreitung; den Austausch von Büchern, Bibliographien und Katalogkar- ten zwischen Bibliotheken verbessern und erweitern; • andere geeignete Maßnahmen zu erwägen, die es ermöglichen würden, soweit erforderlich, in gegenseitigem Einvernehmen zwischen den interessierten Seiten, den Zugang zu ihren jeweili- gen kulturellen Leistungen zu erleichtern. insbesondere auf dem Gebiet des Buches; • durch geeignete Mittel zu einer umfassenderen Nutzung der Massenmedien beizutragen, um ihr kulturelles Leben untereinander besser bekanntzumachen; • sich um die Entwicklung der notwendigen Bedingungen für Wanderarbeiter und ihre Familien zu bemühen, damit diese die Bindungen an ihre nationale Kultur bewahren und sich auch ihrer neuen kulturellen Umgebung anpassen können; • die zuständigen Stellen und einschlägigen Unternehmen zu einer umfassenderen Auswahl und einem breiteren Verleih von Spiel- und Dokumentarfilmen der anderen Teilnehmerstaaten zu ermutigen, sowie häufigere nicht-kommerzielle Vorführungen wie Premieren, Filmwochen und Festivals zu fördern, unter gebührender Beachtung von Filmen aus Ländern mit weniger bekanntem Filmschaffen;
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• durch geeignete Mittel die Erweiterung der Möglichkeiten für Fachleute aus den anderen Teil- nehmerstaaten zu fördern, mit Materialien kulturellen Charakters der Film- und audiovisuel- len Archive im Rahmen der für die Arbeit mit solchen Archivmaterialien bestehenden Regeln zu arbeiten; • die interessierten Stellen zu einer gemeinsamen Untersuchung, gegebenenfalls unter Mitwir- kung einschlägiger internationaler Organisationen, anzuregen, über die Zweckmäßigkeit und die Bedingungen der Schaffung eines Repertoires ihrer Fernsehprogrammaufzeichnungen kul- turellen Charakters sowie der Mittel, die es ermöglichen, sie schnell zu sichten, um ihre Aus- wahl und ihren eventuellen Erwerb zu erleichtern.
Kontakte und Zusammenarbeit
Durch geeignete Mittel zur Entwicklung der Kontakte und der Zusammenarbeit in den verschie- denen Bereichen der Kultur beizutragen, insbesondere zwischen Künstlern und Kulturschaffen- den, indem sie sich besonders bemühen: • Reisen und Begegnungen von kulturell tätigen Personen zu fördern, einschließlich solcher Rei- sen und Begegnungen, die, wo notwendig, auf Grund von Abkommen, Verträgen oder anderen besonderen Vereinbarungen stattfinden und sich aus ihrer kulturellen Zusammenarbeit ergeben; • auf diese Weise die Kontakte zwischen schaffenden Künstlern, ausübenden Künstlern und Künstlerensembles zu fördern im Hinblick darauf, daß sie gemeinsam arbeiten, ihre Werke in anderen Teilnehmerstaaten bekanntmachen oder ihre Ansichten über Fragen, die sich auf ihre gemeinsame Tätigkeit beziehen, austauschen; • erforderlichenfalls durch entsprechende Vereinbarungen den Austausch von Praktikanten und Fachleuten und die Gewährung von Stipendien für die Aus- und Fortbildung in verschiedenen Bereichen der Kultur, wie z.B. den Künsten und der Architektur, den Museen und Bibliothe- ken, den literarischen Studien und Übersetzungen, anzuregen und zur Schaffung von günsti- gen Aufnahmebedingungen in ihren jeweiligen Institutionen beizutragen; • den Erfahrungsaustausch bei der Ausbildung von Organisatoren kultureller Veranstaltungen sowie von Lehrkräften und Spezialisten in Bereichen wie Theater, Oper, Ballett, Musik und schöne Künste zu fördern; • die Veranstaltung von internationalen Zusammenkünften zwischen Künstlern, insbesondere jungen Künstlern, über aktuelle Fragen des künstlerischen und literarischen Schaffens, die für eine gemeinsame Prüfung von Interesse sind, weiterhin zu fördern; • andere Möglichkeiten zur Entwicklung des Austausches und der Zusammenarbeit zwischen Personen, die eine kulturelle Tätigkeit ausüben, zu prüfen, mit dem Ziel einer besseren gegen- seitigen Kenntnis des kulturellen Lebens der Teilnehmerstaaten.
Bereiche und Formen der Zusammenarbeit
Die Suche nach neuen Bereichen und Formen der kulturellen Zusammenarbeit zu fördern und dazu, wo notwendig, zum Abschluß von geeigneten Abkommen und Vereinbarungen zwischen interessierten Parteien beizutragen und in diesem Zusammenhang zu fördern: • gemeinsame Untersuchungen zur Kulturpolitik, insbesondere über deren soziale Aspekte, sowie über ihre Beziehungen zur Planungs-, Stadtplanungs-, Bildungs- und Umweltpolitik und zu den kulturellen Aspekten des Tourismus;
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• den Austausch von Kenntnissen über die kulturelle Mannigfaltigkeit, um dazu beizutragen, daß die interessierten Seiten zu einem besseren Verständnis einer solchen Mannigfaltigkeit, wo es sie gibt, gelangen; • den Informationsaustausch und, wo dies angezeigt ist, Expertentreffen, die Ausarbeitung und Durchführung von Forschungsprogrammen und -projekten sowie ihre gemeinsame Bewertung und die Verbreitung der Ergebnisse in den oben genannten Fragen; • Formen der kulturellen Zusammenarbeit und die Entwicklung solcher gemeinsamer Vorhaben wie: internationale Veranstaltungen auf dem Gebiet der bildenden Kunst, des Films, des Thea- ters, des Balletts, der Musik, der Volkskunst, usw.; Buchmessen und – ausstellungen, gemein- same Aufführungen von Opern und dramatischen Werken sowie Darbietungen von Solisten, Instrumentalensembles, Orchestern, Chören sowie anderen Gruppen von Künstlern einschließ- lich Laiengruppen, unter gebührender Berücksichtigung der Organisierung von internationalen Kulturveranstaltungen der Jugend und des Austausches von jungen Künstlern; • die Aufnahme von Werken von Schriftstellern und Komponisten aus den anderen Teilnehmer- staaten in das Repertoire von Solisten und Künstler; • die Vorbereitung, Übersetzung und Veröffentlichung von Artikeln, Studien und Monographien sowie von Büchern zu niedrigen Preisen und Sammelbänden aus Kunst und Literatur, die geeig- net sind, die jeweiligen kulturellen Leistungen besser bekannt zu machen, wobei zu diesem Zweck Begegnungen zwischen Experten und Vertretern von Verlagen in Aussicht genommen werden; • die Koproduktion und den Austausch von Filmen sowie Rundfunk- und Fernsehprogrammen, wobei insbesondere Zusammenkünfte von Produzenten, Technikern und Vertretern zuständiger Stellen gefördert werden, um günstige Bedingungen für die Durchführung konkreter gemein- samer Vorhaben zu schaffen und dabei im Bereich der Koproduktion die Bildung internationa- ler Gruppen für die Herstellung von Filmen zu fördern; • die Ausschreibung von Wettbewerben in Architektur und Stadtplanung unter Berücksichti- gung der Möglichkeit, die besten Entwürfe auszuführen und, wo möglich, internationale Grup- pen zu bilden; • die Durchführung gemeinsamer Vorhaben zur Erhaltung, Restaurierung und Erschließung von Kunstwerken, historischen und archäologischen Denkmälern sowie Stätten von kulturellem Inte- resse, unter Mitwirkung – in geeigneten Fällen – von internationalen Organisationen staatlichen oder nichtstaatlichen Charakters sowie privaten Institutionen, die in diesem Bereich kompetent und tätig sind, wobei zu diesem Zweck in Aussicht genommen werden: – periodische Zusammenkünfte von Experten der interessierten Seiten zur Ausarbeitung der erforderlichen Vorschläge, unter Berücksichtigung der Notwendigkeit, diese Fragen in einem breiteren wirtschaftlichen und sozialen Zusammenhang zu erörtern; – die Veröffentlichung von Beiträgen in geeigneten Periodika mit dem Ziel, die bedeutends- ten Leistungen und neuen Entwicklungen zwischen den Teilnehmerstaaten bekanntzuma- chen und zu vergleichen; – die gemeinsame Untersuchung der in ihren Ländern zur Zusammenstellung von Listen und Katalogen der historischen Denkmäler und Stätten von kulturellem Interesse angewandten ver- schiedenen Systeme, mit dem Ziel, diese zu verbessern und gegebenenfalls zu harmonisieren; – die Untersuchung der Möglichkeiten zur Veranstaltung internationaler Lehrgänge für die Ausbildung von Fachleuten auf verschiedenen Gebieten der Restaurierung.
***
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Nationale Minderheiten oder Regionalkulturen
Die Teilnehmerstaaten, in Anerkennung des Beitrags, den die nationalen Minderheiten oder die regionalen Kulturen zur Zusammenarbeit zwischen ihnen in verschiedenen Bereichen der Kul- tur leisten können, beabsichtigen, wenn auf ihrem Territorium solche Minderheiten oder Kultu- ren existieren, diesen Beitrag unter Berücksichtigung der legitimen Interessen ihrer Mitglieder zu erleichtern.
4. Zusammenarbeit und Austausch im Bereich der Bildung
Die Teilnehmerstaaten,
Im Bewußtsein, daß die Entwicklung von Beziehungen internationalen Charakters auf den Gebie- ten Bildung und Wissenschaft zu einem besseren gegenseitigen Verständnis beiträgt und allen Völ- kern zum Vorteil sowie künftigen Generationen zum Nutzen gereicht,
Bereit, die weitere Entwicklung des Austausches von Kenntnissen und Erfahrungen sowie von Kontakten, auf der Grundlage besonderer Vereinbarungen, wo diese notwendig sind, zwischen Organisationen, Institutionen und Personen, die auf den Gebieten Bildung und Wissenschaft tätig sind, zu fördern,
In dem Wunsche, die Beziehungen zwischen Bildungs- und wissenschaftlichen Einrichtungen zu verstärken sowie deren Zusammenarbeit auf Gebieten gemeinsamen Interesses zu fördern, beson- ders dort, wo der Stand des Wissens und der Ressourcen international abgestimmte Bemühun- gen erfordert, sowie
In der Überzeugung, daß Fortschritt in diesen Bereichen von vertieften Fremdsprachenkenntnis- sen begleitet und unterstützt werden sollte,
Bekunden zu diesem Zwecke ihre Absicht, insbesondere:
(a) Erweiterung der Beziehungen
Die Zusammenarbeit und die Beziehungen auf den Gebieten Bildung und Wissenschaft auf den verschiedenen Ebenen auszubauen und zu verbessern, insbesondere durch: • den Abschluß, wo angebracht, bilateraler oder multilateraler Abkommen über Zusammenarbeit und Austausch zwischen staatlichen Institutionen und nichtstaatlichen Einrichtungen sowie Per- sonen, die auf den Gebieten Bildung und Wissenschaft tätig sind, unter Berücksichtigung des- sen, daß sowohl Flexibilität als auch eine umfassendere Anwendung bestehender Abkommen und Vereinbarungen notwendig sind; • Förderung des Abschlusses unmittelbarer Vereinbarungen zwischen Universitäten und ande- ren Hochschul- und Forschungseinrichtungen, wo angebracht im Rahmen von Abkommen zwi- schen den Regierungen; • Förderung von unmittelbaren Kontakten und Verbindungen zwischen Personen, die auf den Gebieten Bildung und Wissenschaft tätig sind, einschließlich solcher Kontakte und Verbindun- gen, die auf besonderen Abkommen oder Vereinbarungen beruhen, wo diese angebracht sind.
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(b) Zugang und Austausch
Den Zugang für Studenten, Lehrer und Wissenschaftler der Teilnehmerstaaten zu Bildungs-, kul- turellen und wissenschaftlichen Institutionen eines jeden anderen Teilnehmerstaates unter gegen- seitig annehmbaren Bedingungen zu verbessern und den Austausch zwischen diesen Institutionen in allen Bereichen gemeinsamen Interesses zu verstärken, indem sie insbesondere: • den Austausch von Informationen über Studienmöglichkeiten und über Kurse, die ausländischen Teilnehmern offen stehen, sowie über die Zulassungs- und Aufnahmebedingungen erweitern; • zur Erleichterung von Reisen von Wissenschaftlern, Lehrern und Studenten zwischen den Teil- nehmerstaaten zu Studien-, Lehr- und Forschungszwecken sowie zur Verbesserung der gegen- seitigen Kenntnis ihrer Leistungen in Bildung, Kultur und Wissenschaft beitragen; • die Vergabe von Stipendien für Studium, Lehre und Forschung in ihren Ländern an Wissen- schaftler, Lehrer und Studenten anderer Teilnehmerstaaten fördern; • Programme ausarbeiten, entwickeln und fördern, die einen umfassenderen Austausch von Wis- senschaftlern, Lehrern und Studenten einschließlich der Organisation von Symposien, Semina- ren sowie von Vorhaben wissenschaftlicher Zusammenarbeit und den Austausch von Lehr- und Studieninformationen wie z.B. Veröffentlichungen von Hochschulen und Bibliotheksmaterial vorsehen; • die wirksame Durchführung solcher Vereinbarungen und Programme fördern, indem Wissen- schaftler, Lehrer und Studenten rechtzeitig genauere Informationen über ihre Unterbringung an Universitäten und Instituten und die für sie vorgesehenen Programme erhalten; indem ihnen die Gelegenheit geboten wird, einschlägige Lehr-, Studien- und offene Archivmaterialien zu nut- zen; und indem ihre Reisen innerhalb des Gastlandes zu Studien- und Forschungszwecken und Ferienreisen auf der Grundlage der üblichen Verfahren erleichtert werden; • eine genauere Beurteilung der Probleme des Vergleichs und der Gleichwertigkeit akademischer Grade und Diplome fördern, durch Unterstützung des Austausches von Informationen über Auf- bau, Dauer und Inhalt der Studien, des Vergleichs von Methoden zur Beurteilung des Niveaus der Kenntnisse sowie der akademischen Qualifikationen und, wo möglich, die Erreichung der gegenseitigen Anerkennung akademischer Grade und Diplome, entweder, wo erforderlich, auf dem Wege staatlicher Abkommen oder unmittelbarer Vereinbarungen zwischen Universitäten und anderen Hochschul- und Forschungseinrichtungen; • darüber hinaus den entsprechenden internationalen Organisationen empfehlen, ihre Bemühun- gen zu verstärken, um eine allgemein annehmbare Lösung der Probleme des Vergleichs und der Gleichwertigkeit akademischer Grade und Diplome zu erzielen.
(c) Wissenschaft
Die Zusammenarbeit und den Austausch im Bereich der Wissenschaft im Rahmen ihrer Zustän- digkeit zu erweitern und zu verbessern, insbesondere:
Den Austausch und die Verbreitung von wissenschaftlicher Information und Dokumentation auf bilateraler oder multilateraler Grundlage zu erweitern, z.B. indem sie: • diese Informationen Wissenschaftlern und Forschern der anderen Teilnehmerstaaten in größe- rem Umfange zugänglich machen, z.B. durch die Beteiligung an internationalen Programmen zum Austausch solcher Information oder durch andere geeignete Vereinbarungen;
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• den Austausch von Mustern und anderen wissenschaftlichen Materialien, die insbesondere für die Grundlagenforschung in den Naturwissenschaften und der Medizin Verwendung finden, erweitern und erleichtern; • wissenschaftliche Einrichtungen und Universitäten dazu anregen, sich gegenseitig vollständi- ger und regelmäßiger über ihre laufenden und geplanten Forschungsarbeiten in den Bereichen gemeinsamen Interesses zu unterrichten.
Die Erweiterung von Verbindungen und unmittelbaren Kontakten zwischen Universitäten, wissen- schaftlichen Einrichtungen und Vereinigungen sowie zwischen Wissenschaftlern und Forschern, einschließlich solcher, die, wo erforderlich, auf besonderen Abkommen oder Vereinbarungen beru- hen, zu fördern, z.B. durch: • weitere Entwicklung des Austausches von Wissenschaftlern und Forschern sowie Förderung der Einberufung von vorbereitenden Zusammenkünften oder Arbeitsgruppen über Forschungsthe- men von gemeinsamem Interesse; • Förderung der Bildung gemeinsamer Gruppen von Wissenschaftlern zur Durchführung von Forschungsvorhaben auf Grund von Vereinbarungen zwischen den wissenschaftlichen Ein- richtungen mehrerer Länder; • Beitrag zur Veranstaltung und zum erfolgreichen Verlauf internationaler Konferenzen und Semi- nare und Teilnahme ihrer Wissenschaftler und Forscher daran; • überdies in naher Zukunft ein «Wissenschaftliches Forum» in Aussicht zu nehmen in der Form einer Tagung führender Persönlichkeiten der Wissenschaft aus den Teilnehmerstaaten zur Erör- terung zusammenhängender Probleme von gemeinsamem Interesse auf dem Gebiet gegenwär- tiger und zukünftiger Entwicklungen der Wissenschaften und zur Förderung des Ausbaus von Kontakten, Verbindungen und des Informationsaustausches zwischen wissenschaftlichen Ein- richtungen und zwischen Wissenschaftlern; • zu einem nahen Zeitpunkt eine Tagung von Experten zu erwägen, die die Teilnehmerstaaten und ihre nationalen wissenschaftlichen Einrichtungen vertreten, zur Vorbereitung eines sol- chen „Wissenschaftlichen Forums“ in Kontakt mit einschlägigen internationalen Organisatio- nen, wie etwa der UNESCO und der ECE; • zu gegebener Zeit prüfen, welche weiteren Schritte im Hinblick auf das „Wissenschaftliche Forum“ unternommen werden könnten.
Entwicklung der Koordination, auf bilateraler oder multilateraler Grundlage, von Programmen in den Teilnehmerstaaten im Bereich der wissenschaftlichen Forschung und der Organisation gemeinsamer Programme, insbesondere auf den nachstehend genannten Gebieten, die gemeinsame Bemühungen der Wissenschaftler und in bestimmten Fällen die Nutzung teurer oder einmaliger Ausrüstungen erforderlich machen können. Die auf diesen Gebieten angeführten Disziplinen sind Beispiele; konkrete Projekte wären in der Folge von den potentiellen Partnern in den Teilnehmer- staaten zu bestimmen, unter Berücksichtigung des Beitrages, den geeignete internationale Orga- nisationen und wissenschaftliche Einrichtungen leisten könnten: • Naturwissenschaften, insbesondere Grundlagenforschung in Bereichen wie Mathematik, Phy- sik, theoretische Physik, Geophysik, Chemie, Biologie, Ökologie und Astronomie; • Medizin, insbesondere Grundlagenforschung über Krebs sowie Herz- und Gefäßkrankheiten, Untersuchungen über endemische Krankheiten in den Entwicklungsländern, ferner sozialme- dizinische Forschung, unter besonderer Beachtung der Berufskrankheiten, der Rehabilitation von Behinderten und der Betreuung von Müttern, Kindern und älteren Menschen;
24 Helsinki 1975
• Geistes- und Sozialwissenschaften, wie Geschichte, Geographie, Philosophie, Psychologie, Päd- agogik, Linguistik, Soziologie, Rechts-, Staats- und Wirtschaftswissenschaften; vergleichende Untersuchungen über gesellschaftliche, sozio-ökonomische und kulturelle Erscheinungsformen, die für die Teilnehmerstaaten von gemeinsamem Interesse sind, insbesondere über Fragen der Umwelt des Menschen und der städtebaulichen Entwicklung; wissenschaftliche Untersuchun- gen über Methoden zur Erhaltung und Restaurierung von Denkmälern und Kunstwerken.
(d) Fremde Sprachen und Zivilisationen
Das Studium fremder Sprachen und Zivilisationen als wichtiges Mittel zur Erweiterung der Kom- munikation zwischen den Völkern für deren besseres Kennenlernen der Kultur eines jeden Landes sowie zur Stärkung der internationalen Zusammenarbeit zu fördern; zu diesem Zweck im Rah- men ihrer Zuständigkeit die weitere Entwicklung und Verbesserung des Fremdsprachenunterrich- tes und die Diversifizierung der Auswahl der auf verschiedenen Stufen unterrichteten Sprachen anzuregen, wobei sie den weniger verbreiteten oder gelernten Sprachen gebührende Beachtung schenken, und insbesondere: • die Zusammenarbeit zu verstärken, die darauf abzielt, den Fremdsprachenunterricht zu ver- bessern, und zwar durch Informations- und Erfahrungsaustausch über die Entwicklung und Anwendung wirksamer, den Bedürfnissen verschiedener Kategorien von Lernenden angepaßter moderner Lehrmethoden und technischer Hilfsmittel – einschließlich von Methoden des Inten- sivunterrichts – und die Möglichkeit zu erwägen, auf bilateraler oder multilateraler Grundlage Studien über neue Lehrmethoden im Fremdsprachenunterricht durchzuführen; • die Zusammenarbeit zwischen betroffenen Institutionen auf bilateraler oder multilateraler Grund- lage mit dem Ziele zu fördern, die Mittel der modernen Lehrtechnik im Fremdsprachenunter- richt vollständiger zu nutzen, z.B. mittels vergleichender Studien durch ihre Fachleute und, wo vereinbart, durch Austausch oder Weitergabe audiovisuellen Materials, sowie auch von Mate- rial, welches für die Ausarbeitung von Lehrbüchern benutzt wird, sowie Informationen über neue Arten technischer Ausrüstung für den Sprachunterricht; • den Informationsaustausch über die in der Ausbildung von Sprachlehrern gewonnenen Erfahrun- gen zu fördern und auf bilateraler Grundlage den Austausch von Sprachlehrern und Sprachstu- denten zu verstärken, sowie deren Teilnahme an Sommerkursen für Sprachen und Zivilisationen, wo immer solche veranstaltet werden, zu erleichtern; • die Zusammenarbeit von Experten auf dem Gebiet der Lexikographie zu fördern, mit dem Ziel, notwendige terminologische Äquivalente – insbesondere in den wissenschaftlichen und tech- nischen Fächern -zu vereinbaren, um Beziehungen von wissenschaftlichen Institutionen und Fachleuten untereinander zu erleichtern; • die weitere Verbreitung des Fremdsprachenstudiums in den verschiedenen Typen der mittle- ren Bildungseinrichtungen und bessere Möglichkeiten der Wahl unter einer größeren Anzahl europäischer Sprachen zu fördern, sowie in diesem Zusammenhang, wo angebracht, die Mög- lichkeiten für die Entwicklung der Einstellung und Ausbildung von Lehrern sowie die Aufstel- lung der erforderlichen Studiengruppen in Betracht zu ziehen; • im Hochschulbereich für eine breitere Auswahl der den Sprachstudenten gebotenen Sprachen sowie für größere Möglichkeiten anderer Studenten zum Studium verschiedener Fremdsprachen einzutreten; ebenso, wo wünschenswert, die Einrichtung von Kursen für das Studium der Spra- chen und Zivilisationen auf der Grundlage von speziellen Vereinbarungen – falls erforderlich – zu erleichtern, wobei derartige Kurse von ausländischen Lektoren, besonders aus europäischen Ländern mit weniger verbreiteten oder erlernten Sprachen, abzuhalten wären;
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• im Rahmen der Erwachsenenbildung die Weiterentwicklung von spezialisierten Programmen, die den verschiedenen Bedürfnissen und Interessen entsprechen, für den Unterricht der eigenen Bevölkerung in Fremdsprachen sowie von daran interessierten Erwachsenen aus anderen Län- dern in den Sprachen des Gastlandes zu fördern; in diesem Zusammenhang interessierte Insti- tutionen zur Zusammenarbeit anzuregen, z.B. bei der Ausarbeitung von Programmen für den Unterricht durch Rundfunk und Fernsehen sowie durch Schnellkurse, und ebenso – wo wün- schenswert – bei der Definition von Studienzielen für solche Programme, um ein jeweils ver- gleichbares Niveau von Sprachkenntnissen zu erreichen; • wo angebracht, die Verbindung des Sprachunterrichts mit dem Studium der entsprechenden Zivi- lisationen zu fördern, und sich auch weiter zu bemühen, das Interesse am Erlernen von Fremd- sprachen zu stimulieren, einschließlich entsprechender Aktivitäten außerhalb des Unterrichts.
(e) Unterrichtsmethoden
Den Erfahrungsaustausch auf bilateraler oder multilateraler Grundlage über Unterrichtsmetho- den auf allen Stufen der Bildung, einschließlich von Methoden, die in der Weiterbildung und in der Erwachsenenbildung zur Anwendung kommen, sowie den Austausch von Lehrmaterial zu fördern, insbesondere durch: • die weitere Entwicklung verschiedenartiger Formen von Kontakten und Zusammenarbeit auf den verschiedenen Gebieten der pädagogischen Wissenschaft, z.B. durch vergleichende oder gemeinsame Studien, die von interessierten Institutionen durchgeführt werden oder durch Infor- mationsaustausch über die Ergebnisse von pädagogischen Experimenten; • die Intensivierung des Informationsaustausches über Lehrmethoden, die in den verschiede- nen Bildungssystemen zur Anwendung kommen, sowie über die Ergebnisse der Erforschung der Prozesse, durch die Schüler und Studenten sich Wissen aneignen, unter Berücksichtigung entsprechender Erfahrungen in verschiedenen Typen spezialisierter Bildungseinrichtungen; • Erleichterung des Austausches von Kenntnissen über Organisation und Arbeitsweise der Erwach- senenbildung und der periodischen Fortbildung, über die Beziehungen zwischen diesen und anderen Bildungsformen und -ebenen wie auch über die Mittel zur Anpassung des Bildungswe- sens, einschließlich der beruflichen und technischen Ausbildung, an die Bedürfnisse der wirt- schaftlichen und sozialen Entwicklung in ihren Ländern; • die Förderung des Austausches von Erfahrungen bei der Erziehung der Jugend und der Erwach- senen zur internationalen Verständigung unter besonderer Berücksichtigung jener wichtigen Probleme der Menschheit, deren Lösung ein gemeinsames Herangehen und eine umfassendere internationale Zusammenarbeit verlangen; • Förderung des Austausches von Lehrmaterial – einschließlich von Schulbüchern unter Beach- tung der Möglichkeit, zum gegenseitigen Kennenlernen und zur Darstellung eines jeden Landes in diesen Büchern beizutragen – sowie des Austausches von Informationen über die technischen Neuerungen auf dem Gebiet der Bildung.
Nationale Minderheiten oder Regionalkulturen
Die Teilnehmerstaaten, in Anerkennung des Beitrages, den die nationalen Minderheiten oder die regionalen Kulturen zur Zusammenarbeit zwischen ihnen in verschiedenen Bereichen der BiI- dung leisten können, beabsichtigen, wenn auf ihrem Territorium solche Minderheiten oder Kul- turen existieren, diesen Beitrag unter Berücksichtigung der legitimen Interessen ihrer Mitglieder zu erleichtern.
26 Helsinki 1975
Folgen der Konferenz
Die Teilnehmerstaaten,
Nach Erwägung und Beurteilung der bei der Konferenz über Sicherheit und Zusammenarbeit in Europa erzielten Fortschritte,
Des weiteren in der Erwägung, daß, im größeren weltweiten Zusammenhang, die Konferenz einen wichtigen Teil des Prozesses der Verbesserung der Sicherheit und der Entwicklung der Zusam- menarbeit in
Europa darstellt und daß ihre Ergebnisse in bedeutsamer Weise zu diesem Prozeß beitragen wer- den,In der Absicht, die Bestimmungen der Schlußakte der Konferenz durchzuführen, um deren Ergebnissen volle Wirksamkeit zu verleihen und so den Prozeß der Verbesserung der Sicherheit und der Entwicklung der Zusammenarbeit in Europa zu fördern,
In der Überzeugung, daß sie, um die von der Konferenz verfolgten Ziele zu erreichen, neue unilate- rale, bilaterale und multilaterale Anstrengungen machen und den durch die Konferenz eingeleite- ten multilateralen Prozeß in den nachstehend aufgeführten geeigneten Formen fortsetzen müssen,
1. Erklärungen ihre Entschlossenheit, in der Folgezeit der Konferenz die Bestimmungen der Schluß- akte der Konferenz gebührend zu berücksichtigen und sie anzuwenden: (a) unilateral in allen Fällen, die sich für ein solches Vorgehen eignen; (b) bilateral durch Verhandlungen mit anderen Teilnehmerstaaten; (c) multilateral durch Treffen von Experten der Teilnehmerstaaten sowie im Rahmen der beste- henden internationalen Organisationen, wie der Wirtschaftskommission der Vereinten Nationen für Europa und der UNESCO in bezug auf die Zusammenarbeit in den Bereichen der Bildung, der Wissenschaft und der Kultur;
2. Erklären ferner ihre Entschlossenheit, den durch die Konferenz eingeleiteten multilateralen Prozeß fortzusetzen: (a) indem sie einen vertieften Meinungsaustausch vornehmen, sowohl über die Durchführung der Bestimmungen der Schlußakte und die Ausführung der von der Konferenz definierten Aufgaben als auch, im Zusammenhang mit den von ihr behandelten Fragen, über die Vertiefung ihrer gegen- seitigen Beziehungen, die Verbesserung der Sicherheit und die Entwicklung der Zusammenarbeit in Europa und die Entwicklung des Entspannungsprozesses in der Zukunft; (b) indem sie zu diesem Zweck Zusammenkünfte zwischen ihren Vertretern organisieren, wobei mit einem Treffen auf der Ebene der von den Außenministern benannten Vertreter begonnen wird. Dieses Treffen wird die geeigneten Modalitäten für die Abhaltung weiterer Zusammenkünfte festle- gen, die neue Treffen ähnlicher Art und die Möglichkeit einer neuen Konferenz umfassen können;
3. Die erste der oben erwähnten Zusammenkünfte wird 1977 in Belgrad stattfinden. Ein Vorbe- reitungstreffen, das mit der Organisierung dieses ersten Treffens beauftragt ist, wird am 15. Juni 1977 in Belgrad stattfinden. Dieses Vorbereitungstreffen wird Datum, Dauer, Tagesordnung und die sonstigen Modalitäten des Treffens der von den Außenministern benannten Vertreter festlegen;
4. Die Verfahrens- und die Arbeitsregeln sowie der Verteilerschlüssel für die Kosten der Konferenz werden sinngemäß auf die in den oben stehenden Ziffern 1 c), 2 und 3 in Aussicht genommenen
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Treffen angewendet. Alle oben erwähnten Treffen werden abwechselnd in den Teilnehmerstaaten stattfinden. Das technische Sekretariat wird vom Gastgeberland gestellt werden.
Das Original der vorliegenden Schlußakte, die in Deutsch, Englisch, Französisch, Italienisch, Rus- sisch und Spanisch abgefaßt ist, wird der Regierung der Republik Finnland zur Aufbewahrung in ihren Archiven übergeben. Jeder der Teilnehmerstaaten erhält von der Republik Finnland eine gleichlautende Abschrift der vorliegenden Schlußakte.
Der Text der vorliegenden Schlußakte wird in jedem Teilnehmerstaat veröffentlicht, der ihn so umfassend wie möglich verbreitet und bekanntmacht.
Die Regierung der Republik Finnland wird gebeten, dem Generalsekretär der Vereinten Nationen den Text der vorliegenden Schlußakte, die nicht registrierbar nach Artikel 102 der Charta der Ver- einten Nationen ist, zur Weiterleitung an alle Mitglieder der Organisation als offizielles Dokument der Vereinten Nationen zu übermitteln.
Die Regierung der Republik Finnland wird gleichfalls gebeten, den Text der vorliegenden Schluß- akte an den Generalsekretär der UNESCO und den Exekutivsekretär der Wirtschaftskommission der Vereinten Nationen für Europa zu übermitteln.
Zu Urkund dessen, haben die unterzeichneten Hohen Vertreter der Teilnehmerstaaten, im Bewußt- sein der hohen politischen Bedeutung, die diese den Ergebnissen der Konferenz beimessen, und mit der Erklärung ihrer Entschlossenheit, in Übereinstimmung mit den Bestimmungen in den oben aufgeführten Texten zu handeln, ihre Unterschrift unter die vorliegende Schlußakte gesetzt. (…)
28 Abschliessendes Dokument des Madrider Treffens (Zweites Folgetreffen zur Helsinki-Konferenz)
Madrid 1983
Fragen der Sicherheit in Europa
Die Teilnehmerstaaten bringen ihre Entschlossenheit zum Ausdruck. • neue Anstrengungen zu unternehmen, um die Entspannung im universellen Sinne zu einem wirksamen wie auch dauerhaften, immer lebensfähigeren und umfassenderen Prozeß zu machen, gemäß den in der Schlußakte eingegangenen Verpflichtungen; • Lösungen offener Fragen mit friedlichen Mitteln zu suchen; • konsequent alle Bestimmungen der Schlußakte zu erfüllen, insbesondere alle in der Erklärung über die Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, enthaltenen zehn Prinzi- pien ungeachtet ihrer politischen, wirtschaftlichen oder sozialen Systeme als auch ihrer Größe, geographischen Lage oder ihres wirtschaftlichen Entwicklungsstandes strikt und uneinge- schränkt zu achten und in die Praxis umzusetzen, einschließlich ihrer Verpflichtung, ihre Bezie- hungen zu allen anderen Staaten im Geiste dieser Prinzipien zu gestalten; • Beziehungen der gegenseitigen Zusammenarbeit, der Freundschaft und des Vertrauens zu ent- wickeln und sich jeglicher Handlung zu enthalten, die im Widerspruch zur Schlußakte steht und solche Beziehungen beeinträchtigen könnte; • echte Anstrengungen zur Durchführung der Schlußakte zu ermutigen; • echte Anstrengungen zu unternehmen, die auf die Eindämmung zunehmender Aufrüstung sowie auf die Festigung des Vertrauens und der Sicherheit und die Förderung der Abrüstung gerichtet sind.
Prinzipien
Sie bekräftigen ihre Entschlossenheit, diese Prinzipien voll zu achten und anzuwenden und folg- lich mit allen Mitteln, sowohl rechtlich als auch praktisch, ihre höhere Wirksamkeit zu fördern.
Sie sind der Auffassung, daß eines dieser Mittel darin bestehen könnte, den zehn in der Schluß- akte niedergelegten Prinzipien in der der Praxis und den Verfahrensweisen eines jeden Landes gemäßen Form in den einzelnen Gesetzgebungen Ausdruck zu verleihen.
Sie erkennen es als wichtig an, daß durch Teilnehmerstaaten geschlossene Verträge und Abkom- men die einschlägigen Prinzipien widerspiegeln und mit ihnen in Einklang stehen und, wo ange- messen, auf sie verweisen.
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Die Teilnehmerstaaten bekräftigen die Notwendigkeit, daß die Enthaltung von der Androhung oder Anwendung von Gewalt als Norm des internationalen Lebens strikt und wirksam eingehalten werden sollte. Zu diesem Zweck betonen sie ihre Pflicht, gemäß den einschlägigen Bestimmungen der Schlußakte, dementsprechend zu handeln.
Die Teilnehmerstaaten verurteilen den Terrorismus einschließlich des Terrorismus in internatio- nalen Beziehungen, da er das Leben unschuldiger Menschen bedroht oder vernichtet oder in ande- rer Weise Menschenrechte und Grundfreiheiten gefährdet, und unterstreichen die Notwendigkeit, entschiedene Maßnahmen zu seiner Bekämpfung zu ergreifen. Sie bringen ihre Entschlossenheit zum Ausdruck, wirksame Maßnahmen zur Verhinderung und Bekämpfung terroristischer Hand- lungen sowohl auf nationaler Ebene als auch durch internationale Zusammenarbeit, einschließ- lich geeigneter bilateraler und multilateraler Abkommen, zu ergreifen und folglich die gegenseitige Zusammenarbeit bei der Bekämpfung solcher Handlungen zu erweitern und zu verstärken. Sie kommen überein, dies im Einklang mit der Charta der Vereinten Nationen, der Deklaration der Vereinten Nationen über Grundsätze des Völkerrechts betreffend freundschaftliche Beziehungen und Zusammenarbeit zwischen den Staaten und der Schlußakte von Helsinki zu tun.
Im Zusammenhang mit der Bekämpfung terroristischer Handlungen werden sie alle geeigneten Maßnahmen ergreifen, um zu verhindern, daß ihr jeweiliges Territorium zur Verbreitung, Orga- nisierung oder Verübung terroristischer Tätigkeiten, einschließlich solcher, die sich gegen andere Teilnehmerstaaten und ihre Bürger richten, benutzt wird. Dies schließt auch Maßnahmen ein, um auf ihrem Territorium illegale Tätigkeiten von Personen, Gruppen und Organisationen zu verbieten, welche zur Verübung terroristischer Handlungen anstiften, sie organisieren oder sich daran beteiligen.
Die Teilnehmerstaaten bestätigen, daß sie sich der direkten oder indirekten Unterstützung ter- roristischer Tätigkeiten oder subversiver oder anderer Tätigkeiten enthalten werden, die auf den gewaltsamen Umsturz des Regimes eines anderen Teilnehmerstaates gerichtet sind. Dementspre- chend werden sie sich unter anderem der Finanzierung, Ermutigung, Schürung oder Duldung sol- cher Tätigkeiten enthalten.
Sie erklären ihre Entschlossenheit, ihr Möglichstes zu tun, um für alle offiziellen Vertreter und Personen, die auf ihrem Territorium an Tätigkeiten im Rahmen diplomatischer, konsularischer oder anderer offizieller Beziehungen teilnehmen, die erforderliche Sicherheit zu gewährleisten.
Sie betonen, daß alle Teilnehmerstaaten in der Schlußakte die universelle Bedeutung der Men- schenrechte und Grundfreiheiten anerkennen, deren Achtung ein wesentlicher Faktor für den Frieden, die Gerechtigkeit und das Wohlergehen ist, die ihrerseits erforderlich sind, um die Ent- wicklung freundschaftlicher Beziehungen und der Zusammenarbeit zwischen ihnen sowie zwi- schen allen Staaten zu gewährleisten.
Die Teilnehmerstaaten unterstreichen ihre Entschlossenheit, die wirksame Ausübung der Men- schenrechte und Grundfreiheiten, die sich alle aus der dem Menschen innewohnenden Würde ergeben und für seine freie und volle Entfaltung wesentlich sind, zu fördern und zu ermutigen, und ständige und spürbare Fortschritte in Übereinstimmung mit der Schlußakte zu sichern, mit dem Ziel einer weiteren und stetigen Entwicklung auf diesem Gebiet in allen Teilnehmerstaaten, ungeachtet ihres politischen, wirtschaftlichen und sozialen Systems.
Sie unterstreichen gleichfalls ihre Entschlossenheit, ihre Gesetze und Vorschriften im Bereich der zivilen, politischen, wirtschaftlichen, sozialen, kulturellen und anderer Menschenrechte und
30 Madrid 1983
Grundfreiheiten zu entwickeln; sie betonen ebenfalls ihre Entschlossenheit, die wirksame Aus- übung dieser Rechte und Freiheiten zu gewährleisten.
Sie erinnern an das Recht des Individuums, seine Rechte und Pflichten auf dem Gebiet der Men- schenrechte und Grundfreiheiten zu kennen und auszuüben, wie in der Schlußakte festgelegt, und werden in ihren jeweiligen Ländern die notwendigen Maßnahmen zur wirksamen Gewährleis- tung dieses Rechts ergreifen.
Die Teilnehmerstaaten bekräftigen, daß sie die Freiheit des Individuums anerkennen und achten werden, sich allein oder in Gemeinschaft mit anderen zu einer Religion oder Überzeugung in Über- einstimmung mit dem, was sein Gewissen ihm gebietet, zu bekennen und diese auszuüben; außer- dem kommen sie überein, die zu deren Gewährleistung erforderlichen Maßnahmen zu ergreifen.
In diesem Zusammenhang werden sie, wann immer erforderlich, religiöse Bekenntnisse, Insti- tutionen und Organisationen, die im verfassungsmäßigen Rahmen ihres jeweiligen Landes wir- ken, konsultieren.
Sie werden Anträge religiöser Gemeinschaften von Gläubigen, die im verfassungsmäßigen Rahmen ihres Staates wirken oder zu wirken bereit sind, den Status zu erhalten, der in ihrem jeweiligen Land für religiöse Bekenntnisse, Institutionen und Organisationen vorgesehen ist, wohlwollend prüfen.
Sie unterstreichen auch die Bedeutung ständiger Fortschritte bei der Gewährleistung der Achtung und des tatsächlichen Genusses der Rechte von Personen, die nationalen Minderheiten angehören, sowie beim Schutz ihrer legitimen Interessen, wie dies in der Schlußakte vorgesehen ist.
Sie unterstreichen die Bedeutung der Gewährleistung der Gleichberechtigung von Mann und Frau; dementsprechend kommen sie überein, alle erforderlichen Maßnahmen zu ergreifen, um eine glei- chermaßen effektive Teilnahme von Männern und Frauen im politischen, wirtschaftlichen, sozia- len und kulturellen Leben zu fördern.
Die Teilnehmerstaaten werden das Recht der Arbeiter, Gewerkschaften frei einzurichten und ihnen beizutreten, das Recht der Gewerkschaften auf freie Ausübung ihrer Tätigkeiten und sons- tiger Rechte gewährleisten, wie sie in den einschlägigen internationalen Dokumenten niedergelegt sind. Sie stellen fest, daß diese Rechte in Befolgung der Gesetze des Staates und in Übereinstim- mung mit den völkerrechtlichen Verpflichtungen des Staates ausgeübt werden. Sie werden, soweit angemessen, direkte Kontakte und Verbindungen zwischen solchen Gewerkschaften und deren Vertretern ermutigen.
Sie bekräftigen, daß Regierungen, Institutionen, Organisationen und Personen eine relevante und positive Rolle zukommt, zur Erreichung der obigen Ziele ihrer Zusammenarbeit beizutragen.
Sie bekräftigen die besondere Bedeutung der Allgemeinen Erklärung der Menschenrechte, der Internationalen Konventionen über Menschenrechte und anderer einschlägiger internationaler Dokumente für ihre gemeinsam und einzeln unternommenen Anstrengungen zur Stimulierung und Entwicklung der universellen Achtung der Menschenrechte und Grundfreiheiten; sie appel- lieren an alle Teilnehmerstaaten, im Einklang mit diesen internationalen Dokumenten zu han- deln, und fordern die Teilnehmerstaaten, die dies noch nicht getan haben, auf, die Möglichkeit des Beitritts zu den Konventionen zu prüfen.
Sie kommen überein, die Nutzung bilateraler Gespräche am Runden Tisch auf freiwilliger Grundlage zwischen Delegationen, welche von jedem Teilnehmerstaat zusammengestellt werden, wohlwollend
31 Madrid 1983
in Erwägung zu ziehen, um gemäß einer vereinbarten Tagesordnung im Geiste der gegenseitigen Achtung Fragen der Menschenrechte und Grundfreiheiten in der Absicht zu erörtern, ein höhe- res Maß an Verständnis und Zusammenarbeit auf der Grundlage der Bestimmungen der Schluß- akte zu erreichen.
Sie beschließen, ein Expertentreffen der Teilnehmerstaaten zu Fragen betreffend die Achtung der Menschenrechte und Grundfreiheiten in ihren Staaten in all ihren Aspekten, wie in der Schluß- akte festgelegt, einzuberufen. (…)
Zusammenarbeit in den Bereichen der Wirtschaft, der Wissenschaft und der Technik sowie der Umwelt (…)
Im Zusammenhang mit den Bestimmungen der Schlußakte über Wanderarbeit in Europa
stellen die Teilnehmerstaaten fest, daß sich jüngste Entwicklungen der Weltwirtschaft auf die Lage der Wanderarbeiter ausgewirkt haben. In diesem Zusammenhang verleihen die Teilnehmerstaaten ihrem Wunsch Ausdruck, die Aufnahme- und Herkunftsländer mögen im Geiste des beidersei- tigen Interesses und der Zusammenarbeit ihre Kontakte verstärken, um die allgemeine Lage der Wanderarbeiter und ihrer Familien, unter anderem den Schutz der Menschenrechte, einschließ- lich ihrer wirtschaftlichen, sozialen und kulturellen Rechte, zu verbessern, wobei insbesondere die speziellen Probleme der zweiten Generation von Wanderarbeitern zu berücksichtigen sind. Sie wer- den auch bemüht sein, dort, wo eine angemessene Nachfrage besteht, angemessenen Unterricht in der Sprache der Kultur der Herkunftsländer zu bieten oder zu fördern.
Die Teilnehmerstaaten empfehlen, neben anderen Maßnahmen zur Erleichterung der sozialen und wirtschaftlichen Wiedereingliederung zurückkehrender Wanderarbeiter durch geeignete gesetz- geberische Maßnahmen oder gegenseitige Abkommen die Auszahlung von Pensionsansprüchen sicherzustellen, so wie sie nach dem System sozialer Sicherheit, zu dem solche Arbeiter im Auf- nahmeland zugelassen worden sind, erworben oder festgestellt worden sind (…)
Zusammenarbeit in humanitären und anderen Bereichen
Die Teilnehmerstaaten,
Eingedenk der einleitenden Abschnitte des Kapitels der Schlußakte über Zusammenarbeit in huma- nitären und anderen Bereichen einschließlich jener betreffend die Entwicklung der gegenseitigen Verständigung zwischen ihnen und Entspannung sowie jener betreffend Fortschritte beim Aus- tausch auf dem Gebiet der Kultur und der Bildung, eine größere Verbreitung von Information, Kontakte zwischen den Menschen und die Lösung humanitärer Probleme,
Entschlossen, die Zusammenarbeit in diesen Bereichen fortzusetzen und zu erweitern und eine umfassendere Nutzung der durch die Schlußakte gebotenen Möglichkeiten zu erreichen,
Sind übereingekommen, nunmehr das Folgende durchzuführen:
32 Madrid 1983
Menschliche Kontakte
Die Teilnehmerstaaten werden Gesuche in Bezug auf Kontakte und regelmäßige Begegnungen auf der Grundlage familiärer Bindungen, auf Familienzusammenführung und auf Eheschlie- ßung zwischen Bürgern verschiedener Staaten wohlwollend behandeln und im gleichen Geiste über sie entscheiden.
Sie werden über diese Gesuche bei Familienbegegnungen in Dringlichkeitsfällen so zügig wie mög- lich, bei Familienzusammenführung und Eheschließung zwischen Bürgern verschiedener Staaten im Normalfall innerhalb von sechs Monaten und bei anderen Familienbegegnungen innerhalb all- mählich kürzer werdender Fristen entscheiden.
Sie bestätigen, daß die Einreichung oder erneute Einreichung von Gesuchen in diesen Fällen zu keiner Veränderung der Rechte und Pflichten der Gesuchsteller oder ihrer Familienmitglieder unter anderem hinsichtlich Beschäftigung, Wohnung, Aufenthaltsstatus, Familienunterstützung, Zugang zu Leistungen auf sozialem oder wirtschaftlichem Gebiet oder in der Bildung sowie jed- weder anderer sich aus den Gesetzen und Vorschriften des betreffenden Teilnehmerstaates erge- benden Rechte und Pflichten führen wird.
Die Teilnehmerstaaten werden die notwendigen Informationen über die von Gesuchstellern in die- sen Fällen zu befolgenden Verfahren und über die einzuhaltenden Vorschriften geben sowie auf Ersuchen des Gesuchstellers die einschlägigen Formulare zur Verfügung stellen.
Sie werden, wo notwendig, im Zusammenhang mit diesen Gesuchen erhobene Gebühren, ein- schließlich derjenigen für Visa und Pässe, allmählich verringern, um sie auf eine im Verhältnis zum durchschnittlichen Monatseinkommen in dem betreffenden Teilnehmerstaat angemessene Höhe zu bringen.
Gesuchsteller werden von der getroffenen Entscheidung so zügig wie möglich in Kenntnis gesetzt. Im Falle einer Ablehnung werden die Gesuchsteller auch von ihrem Recht auf erneute Einreichung von Gesuchen nach angemessen kurzen Zeitabständen in Kenntnis gesetzt.
Die Teilnehmerstaaten bekräftigen ihrer Verpflichtung, die Bestimmungen hinsichtlich diploma- tischer und anderer offizieller Missionen und konsularischer Stellen anderer Teilnehmerstaaten, welche in einschlägigen multilateralen oder bilateralen Konventionen enthalten sind, in vollem Umfang durchzuführen und das normale Funktionieren jener Missionen zu erleichtern. Der Zugang von Besuchern zu diesen Missionen wird unter gebührender Berücksichtigung der erforderlichen Sicherheitsbedürfnisse dieser Missionen gewährleistet.
Sie bekräftigen ebenfalls ihre Bereitschaft, innerhalb ihrer Zuständigkeit angemessene Schritte, einschließlich – dann, wenn angebracht – notwendiger Sicherheitsmaßnahmen, zu unternehmen, um zufriedenstellende Bedingungen für Tätigkeiten im Rahmen der gegenseitigen Zusammenar- beit innerhalb ihres Territoriums zu gewährleisten, an denen Bürger anderer Teilnehmerstaaten beteiligt sind, wie z.B. für sportliche und kulturelle Veranstaltungen.
Die Teilnehmerstaaten werden sich bemühen, wo angebracht, die Bedingungen in bezug auf recht- lichen und konsularischen Beistand sowie auf medizinische Betreuung für Bürger anderer Teil- nehmerstaaten, die sich aus persönlichen oder beruflichen Gründen zeitweilig innerhalb ihres Territoriums befinden, zu verbessern, wobei sie einschlägige multilaterale oder bilaterale Konven- tionen oder Abkommen gebührend berücksichtigen.
33 Madrid 1983
Sie werden die einschlägigen Bestimmungen der Schlußakte weiter durchführen, so daß religiöse Bekenntnisse, Institutionen und Organisationen und deren Vertreter in den Bereichen ihrer Tätig- keit untereinander Kontakte und Treffen entwickeln sowie Informationen austauschen können.
Die Teilnehmerstaaten werden Kontakte und den Austausch unter der Jugend ermutigen und die Ausweitung der Zusammenarbeit zwischen ihren Jugendorganisationen fördern. Sie werden für die Durchführung von Bildungs-, Kultur- und anderen vergleichbaren Veranstaltungen und Akti- vitäten unter der Jugend und zwischen Jugendorganisationen eintreten. Ebenfalls werden sie für die Untersuchung von Problemen in bezug auf die jüngere Generation eintreten. Die Teilnehmer- staaten werden die Entwicklung des individuellen oder kollektiven Jugendtourismus, wenn not- wendig auf der Grundlage von Vereinbarungen, fördern, indem sie unter anderem zur Gewährung geeigneter Erleichterungen seitens der Verkehrsbehörden und Tourismusorganisationen der Teil- nehmerstaaten oder solcher Erleichterungen wie derjenigen ermutigen, welche durch die am Sys- tem „Inter-Rail“ teilnehmenden Eisenbahnbehörden geboten werden.
Information
Die Teilnehmerstaaten erden weiterhin die freiere und weitere Verbreitung von periodisch und nicht periodisch erscheinendem gedrucktem Material, welches aus anderen Teilnehmerstaaten eingeführt wird, sowie eine Erhöhung der Anzahl von Stellen, an denen diese Veröffentlichungen zum allgemeinen Verkauf aufliegen, fördern. Diese Veröffentlichungen werden auch in Lesesälen in großen öffentlichen Bibliotheken und ähnlichen Institutionen zugänglich sein.
Insbesondere werden die Teilnehmerstaaten zur Erleichterung einer besseren Verbreitung gedruck- ter Informationen Kontakte und Verhandlungen zwischen ihren kompetenten Firmen und Orga- nisationen zum Zweck des Abschlusses langfristiger Vereinbarungen und Verträge mit dem Ziel einer Erhöhung der Mengen und der Anzahl der Titel von Zeitungen und anderen Veröffentli- chungen, die aus anderen Teilnehmerstaaten eingeführt werden, fördern. Sie halten es für wün- schenswert, daß die Verkaufspreise ausländischer Veröffentlichungen im Verhältnis zu den Preisen in ihren Herkunftsländern nicht überhöht sind.
Sie bestätigen ihre Absicht, gemäß den einschlägigen Bestimmungen der Schlußakte die der Öffent- lichkeit gebotenen Bezugsmöglichkeiten für Abonnements zu erweitern.
Sie werden die weitere Ausdehnung der Zusammenarbeit zwischen den Massenmedien und ihren Vertretern, insbesondere zwischen dem Redaktionspersonal von Presseagenturen, Zeitungen, Rundfunk- und Fernsehorganisationen sowie von Filmgesellschaften fördern. Sie werden einen regelmäßigen Austausch von Nachrichten, Artikeln, Beilagen und Sendungen sowie den Austausch von Redaktionspersonal für die bessere Kenntnis der jeweiligen praktischen Arbeit fördern. Auf der Grundlage der Gegenseitigkeit werden sie die materiellen und technischen Hilfsmittel verbes- sern, die ständig oder zeitweilig akkreditierten Fernseh- und Rundfunkberichterstattern gewährt werden. Ferner werden sie direkte Kontakte unter Journalisten sowie Kontakte im Rahmen von Berufsorganisationen erleichtern.
Sie werden ohne ungebührliche Verzögerung über Visaanträge von Journalisten entscheiden und abgelehnte Gesuche innerhalb einer angemessenen Frist erneut prüfen. Ferner werden Journalis- ten, welche aus persönlichen Gründen und nicht zum Zweck der Berichterstattung Reisen unter- nehmen wollen, die gleiche Behandlung genießen wie andere Besucher aus ihrem Herkunftsland.
Sie werden ständigen Korrespondenten sowie mit ihnen zusammenlebenden Familienangehörigen Visa für mehrfache Ein- und Ausreise mit Gültigkeit für ein Jahr gewähren.
34 Madrid 1983
Die Teilnehmerstaaten werden die Möglichkeit prüfen, Journalisten aus anderen Teilnehmer- staaten, die in Drittländern ständig akkreditiert sind, Akkreditierungen und damit verbundene Erleichterungen zu gewähren, soweit erforderlich auf der Grundlage bilateraler Vereinbarungen.
Sie werden Reisen von Journalisten aus anderen Teilnehmerstaaten innerhalb ihrer Territorien erleichtern, unter anderem indem sie, soweit erforderlich, konkrete Maßnahmen ergreifen, um ihnen Gelegenheiten zu ausgedehnteren Reisen zu bieten, ausgenommen Gebiete, die aus Sicher- heitsgründen gesperrt sind. Wann immer möglich, werden sie Journalisten im voraus informie- ren, sofern neue Gebiete aus Sicherheitsgründen gesperrt sind.
Sie werden weiterhin die Möglichkeiten vermehren und erforderlichenfalls die Bedingungen ver- bessern, damit Journalisten aus anderen Teilnehmerstaaten persönliche Kontakte und Verbindun- gen zu ihren Quellen herstellen und aufrechterhalten können.
Sie werden in der Regel Rundfunk- und Fernsehjournalisten auf deren Ersuchen ermächtigen, sich von ihren eigenen Ton- und Filmtechnikern begleiten zu lassen und ihre eigene Ausrüstung zu verwenden.
Desgleichen dürfen Journalisten Dokumentationsmaterial, einschließlich persönlicher Aufzeich- nungen und Unterlagen, das ausschließlich für ihre beruflichen Zwecke verwendet* wird, mit sich führen. (…)
Die Teilnehmerstaaten werden erforderlichenfalls in ihren Hauptstädten die Einrichtung und den Betrieb von Pressezentren oder die gleichen Funktionen ausübenden Institutionen, die der in- und ausländischen Presse mit geeigneten Arbeitseinrichtungen für letztere zugänglich sind, erleichtern.
Sie werden ferner weitere Mittel und Wege in Betracht ziehen, um Journalisten aus anderen Teil- nehmerstaaten behilflich zu sein und es ihnen so zu ermöglichen gegebenenfalls auftretende prak- tische Probleme zu lösen.
Zusammenarbeit und Austausch im Bereich der Kultur
Sie werden sich bemühen, durch geeignete Maßnahmen einschlägige Informationen über die durch bilaterale Kulturabkommen und -programme gebotenen Möglichkeiten interessierten Personen, Institutionen und nichtstaatlichen Organisationen zugänglich zu machen, und damit ihre wirk- same Durchführung erleichtern.
Die Teilnehmerstaaten werden die umfassendere Verbreitung von Bücher, Filmen und anderen aus den anderen Teilnehmerstaaten stammenden Formen und Mitteln des kulturellen Ausdrucks sowie den Zugang zu ihnen weiterhin fördern, indem sie zu diesem Zweck mit geeigneten Mitteln auf bilateraler und multilateraler Grundlage die Bedingungen für den internationalen gewerbli- chen und nichtgewerblichen Austausch ihrer Kulturgüter verbessern, unter anderem durch all- mähliche Senkung der für diese Güter geltenden Zölle.
Die Teilnehmerstaaten werden sich bemühen, die Übersetzung, Veröffentlichung und Verbreitung von Werken auf dem Gebiet der Literatur und in anderen Bereichen der kulturellen Tätigkeit aus
* In diesem Zusammenhang gilt, daß die Einfuhr gedruckten Materials örtlichen Vorschriften unterworfen sein kann, welche unter gebührender Berücksichtigung des Bedarfs der Journalisten an angemessenem Arbeitsma- terial angewendet werden.
35 Madrid 1983
anderen Teilnehmerstaaten, besonders der in den weniger verbreiteten Sprachen geschaffenen, zu fördern, indem sie die Zusammenarbeit zwischen Verlagen erleichtern, insbesondere durch den Austausch von Listen von Büchern, die für Übersetzungen in Betracht kommen, sowie von ande- ren einschlägigen Informationen.
Sie werden zur Entwicklung von Kontakten, der Zusammenarbeit und von gemeinschaftlichen Pro- jekten zwischen den Teilnehmerstaaten hinsichtlich des Schutzes, der Wahrung und Erfassung des historischen Erbes und historischer Monumente sowie der Beziehung zwischen dem Menschen, der Umwelt und diesem Erbe beitragen; sie bekunden ihr Interesse an der Möglichkeit, im Rah- men der UNESCO eine zwischenstaatliche Konferenz über diese Fragen einzuberufen.
Die Teilnehmerstaaten werden ihre Rundfunk- und Fernsehorganisationen dazu ermutigen, die Darstellung der kulturellen und künstlerischen Leistungen anderer Teilnehmerstaaten auf der Grundlage bilateraler und multilateraler Vereinbarungen zwischen diesen Organisationen wei- ter auszubauen, in denen unter anderem der Austausch von Informationen über Produktionen, die Übertragung von Unterhaltungssendungen und Programmen aus anderen Teilnehmerstaaten, Koproduktionen, die Einladung von Gastdirigenten und -regisseuren sowie die Gewährung gegen- seitiger Unterstützung für Aufnahmeteams von Kulturfilmen vorgesehen sind. (…)
Zusammenarbeit und Austausch im Bereich der Bildung
Die Teilnehmerstaaten werden im Bereich der Bildung und Wissenschaft das Zustandekommen von staatlichen und nichtstaatlichen Vereinbarungen und Abkommen fördern, die unter Beteili- gung von Bildungs- oder anderen zuständigen Institutionen durchgeführt werden.
Die Teilnehmerstaaten werden zur weiteren Verbesserung des Austausches von Studenten, Leh- rern und Wissenschaftlern und ihres Zugangs zu den Bildungs-, kulturellen und wissenschaft- lichen Institutionen eines jeden anderen Teilnehmerstaates sowie ihres Zugangs, gemäß den in jedem einzelnen Land geltenden Gesetzen und Vorschriften, zu offenem Informationsmaterial beitragen. In diesem Zusammenhang werden sie Reisen von Wissenschaftlern, Lehrern und Stu- denten innerhalb des Empfangsstaates sowie die Herstellung von Kontakten durch sie zu ihren Kollegen erleichtern und werden auch Bibliotheken, Hochschuleinrichtungen und ähnliche Insti- tutionen auf ihren Territorien ermutigen, Kataloge und Listen offenen Archivmaterials aufzustel- len, das Wissenschaftlern, Lehrern und Studenten aus anderen Teilnehmerstaaten zugänglich ist.
Sie werden einen regelmäßigeren Austausch von Informationen über wissenschaftliche Ausbildungs- programme, Kurse und Seminare für junge Wissenschaftler fördern und eine breitere Teilnahme junger Wissenschaftler aus verschiedenen Teilnehmerstaaten an diesen Tätigkeiten erleichtern. Sie werden die einschlägigen nationalen und internationalen Organisationen und Institutionen auffordern, soweit angemessen die Durchführung dieser Ausbildungstätigkeiten zu unterstützen. (…)
Die Teilnehmerstaaten werden die Erweiterung der Möglichkeiten der Lehre und des Studiums der weniger verbreiteten oder gelernten europäischen Sprachen begünstigen. Zu diesem Zweck wer- den sie im Rahmen ihrer Zuständigkeit die Einrichtung und den Besuch von Sommer-Universi- tätskursen und anderen Kursen, die Gewährung von Stipendien für Übersetzer und den Ausbau von Sprachfakultäten, erforderlichenfalls einschließlich der Schaffung neuer Einrichtungen zum Studium dieser Sprachen, anregen.
36 Madrid 1983
Die Teilnehmerstaaten geben ihrer Bereitschaft Ausdruck, untereinander und innerhalb zuständi- ger internationaler Organisationen, den Austausch von Lehrmaterial, Schulbüchern, Landkarten, Bibliographien und anderem pädagogischem Material zu verstärken, um eine bessere gegenseitige Kenntnis zu fördern und eine umfassendere Darstellung ihrer jeweiligen Länder zu erleichtern.
37 Dokument der Stockholmer Konferenz über vertrauens- und sicherheitsbildende Massnahmen und Abrüstung in Europa Stockholm 1986
(…)
Enthaltung von der Androhung oder Anwendung von Gewalt (…)
(18) Die Teilnehmerstaaten unterstreichen ihre Verpflichtung zur Schlußakte und die Notwendig- keit vollständiger Durchführung aller ihrer Bestimmungen, die den Prozeß der Verbesserung der Sicherheit und der Entwicklung der Zusammenarbeit in Europa fördern wird, dadurch zu inter- nationalem Frieden und Sicherheit in der ganzen Welt beitragend.
(19) Sie betonen ihre Verpflichtung zu allen Prinzipien der Erklärung über die Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, und erklären ihre Entschlossenheit, sie zu achten und in die Praxis umzusetzen, ungeachtet ihrer politischen, wirtschaftlichen oder sozialen Systeme, als auch ihrer Größe, geographischen Lage oder ihres wirtschaftlichen Entwicklungsstandes.
(20) Alle diese zehn Prinzipien sind von grundlegender Bedeutung und werden folglich gleicher- maßen und vorbehaltlos angewendet, wobei ein jedes von ihnen unter Beachtung der anderen ausgelegt wird.
(21) Die Achtung und die Anwendung dieser Prinzipien werden die Entwicklung freundschaft- licher Beziehungen und der Zusammenarbeit zwischen den Teilnehmerstaaten in allen von den Bestimmungen der Schlußakte erfaßten Bereichen stärken.
(22) Sie bestätigen erneut ihre Verpflichtung zum grundlegenden Prinzip der souveränen Gleich- heit der Staaten und unterstreichen, daß alle Staaten im Rahmen des Völkerrechts gleiche Rechte und Pflichten haben.
(23) Sie bekräftigen die universelle Bedeutung der Menschenrechte und Grundfreiheiten. Die Ach- tung und die wirksame Ausübung dieser Rechte und Freiheiten sind wesentliche Faktoren für inter- nationalen Frieden, Gerechtigkeit und Sicherheit, wie auch für die Entwicklung freundschaftlicher Beziehungen und der Zusammenarbeit zwischen ihnen sowie zwischen allen Staaten, wie in der Erklärung über die Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, niedergelegt.
(24) Sie bekräftigen, daß im weiteren Zusammenhang der Sicherheit der Welt die Sicherheit in Europa mit der Sicherheit im Mittelmeerraum in seiner Gesamtheit eng verbunden ist; in diesem Zusammenhang bestätigen sie ihre Absicht, gutnachbarschaftliche Beziehungen mit allen Staa- ten in der Region unter gebührender Berücksichtigung der Gegenseitigkeit und im Geiste der Prinzipien zu entwickeln, welche in der Erklärung über die Prinzipien, die die Beziehungen der
38 Stockholm 1986
Teilnehmerstaaten leiten, enthalten sind, um in Einklang mit den im Kapitel über den Mittelmeer- raum der Schlußakte enthaltenen Bestimmungen Vertrauen und Sicherheit zu stärken und dafür Sorge zu tragen, daß in der Region Frieden herrscht.
(25) Sie unterstreichen die Notwendigkeit, entschiedene Maßnahmen zur Verhinderung und Bekämpfung des Terrorismus, einschließlich des Terrorismus in internationalen Beziehungen, zu ergreifen. Sie bringen ihre Entschlossenheit zum Ausdruck, sowohl auf nationaler Ebene als auch durch internationale Zusammenarbeit, wirksame Maßnahmen zur Verhinderung und Bekämpfung aller terroristischen Handlungen zu ergreifen. Sie werden alle geeigneten Maßnahmen ergreifen, um zu verhindern, daß ihr jeweiliges Territorium zur Vorbereitung, Organisierung oder Verübung terroristischer Tätigkeiten benutzt wird. Dies schließt auch Maßnahmen ein, um auf ihrem Ter- ritorium illegale Tätigkeiten, einschließlich subversiver Tätigkeiten, von Personen, Gruppen und Organisationen zu verbieten, welche zur Verübung terroristischer Handlungen, einschließlich sol- cher, die sich gegen andere Staaten und ihre Bürger richten, anstiften, sie organisieren oder sich daran beteiligen.
39 Abschliessendes Dokument des Wiener Treffens (Drittes Folgetreffen zur Helsinki-Konferenz)
Wien 1989
(…)
Fragen der Sicherheit in Europa
Die Teilnehmerstaaten bringen ihre Entschlossenheit zum Ausdruck. • auf der gegenwärtig positiven Entwicklung in ihren Beziehungen aufzubauen, um die Entspan- nung im universellen Sinn zu einem lebensfähigen, umfassenden und echten Prozeß zu machen; • ihre Verantwortung für die vollständige Durchführung der in der Schlußakte und anderen KSZE-Dokumenten enthaltenen Verpflichtungen zu übernehmen; • sich verstärkt um Lösungen für Probleme, die ihre Beziehungen belasten, sowie um die Stärkung der Garantien für den internationalen Frieden und die Sicherheit zu bemühen; • die Zusammenarbeit und den Dialog zwischen ihnen zu fördern, die wirksame Ausübung der Menschenrechte und der Grundfreiheiten zu gewährleisten und zwischenmenschliche Kontakte und zwischenmenschliche Kommunikation zu erleichtern; • neue Anstrengungen zu unternehmen, um bei der Festigung des Vertrauens und der Sicherheit sowie der Förderung der Abrüstung weitere Fortschritte zu erzielen.
Prinzipien
(1) Die Teilnehmerstaaten bekräftigen ihre Verpflichtung gegenüber allen zehn Prinzipien der Erklärung der Schlußakte über die Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, sowie ihre Entschlossenheit, sie zu achten und in die Praxis umzusetzen. Die Teilnehmerstaaten bekräftigen, daß alle diese Prinzipien von grundlegender Bedeutung sind und folglich gleicherma- ßen und vorbehaltlos angewendet werden, wobei ein jedes von ihnen unter Beachtung der ande- ren ausgelegt wird.
(2) Sie unterstreichen, daß die Achtung dieser Prinzipien und ihre vollständige Anwendung sowie die strikte Einhaltung aller von ihnen abgeleiteten KSZE-Verpflichtungen von großer politischer Bedeutung und wesentlich für die Bildung von Vertrauen und Sicherheit sowie für die Entwick- lung ihrer freundschaftlichen Beziehungen und ihrer Zusammenarbeit in allen Bereichen sind.
(3) In diesem Zusammenhang bestätigen sie, daß sie das Recht jedes anderen Teilnehmerstaates, sein politisches, soziales, wirtschaftliches und kulturelles System frei zu wählen und zu entwi- ckeln sowie sein Recht, seine Gesetze und Verordnungen, seine Praxis und Politik zu bestimmen, achten werden. In Ausübung dieser Rechte werden sie gewährleisten, daß ihre Gesetze und Ver- ordnungen, ihre Praxis und Politik mit ihren völkerrechtlichen Verpflichtungen übereinstimmen
40 Wien 1989
und mit den Bestimmungen der Erklärung über die Prinzipien und mit anderen KSZE-Verpflich- tungen in Einklang gebracht werden.
(4) Sie bestätigen ferner, daß alle Völker kraft des Prinzips der Gleichberechtigung und des Selbst- bestimmungsrechts der Völker und gemäß den einschlägigen Bestimmungen der Schlußakte jeder- zeit das Recht haben, in voller Freiheit, wann und wie sie es wünschen, ihren inneren und äußeren politischen Status ohne äußere Einmischung zu bestimmen und ihre politische, wirtschaftliche, soziale und kulturelle Entwicklung nach eigenen Wünschen zu verfolgen. (…)
(8) Die Teilnehmerstaaten verurteilen vorbehaltlos alle Handlungen, Methoden und Praktiken des Terrorismus, wo und von wem auch immer sie ausgeübt werden, als verbrecherische Hand- lungen, darunter auch solche, die die freundschaftlichen Beziehungen zwischen Staaten und deren Sicherheit gefährden, und stimmen darin überein, daß der Terrorismus unter keine Umständen gerechtfertigt werden kann.
(9) Sie bekunden ihre Entschlossenheit, sowohl bilateral als auch in multilateraler Zusammenar- beit, insbesondere im Rahmen internationaler Foren wie der Vereinten Nationen, der Internatio nalen Zivilluftfahrt-Organisation und der Internationalen Seeschiffahrts-Organisation, und in Übereinstimmung mit den einschlägigen Bestimmungen der Schlußakte und des Abschließenden Dokuments von Madrid auf die Ausrottung des Terrorismus hinzuarbeiten.
(10) Überzeugt von der Notwendigkeit, Maßnahmen auf nationaler Ebene mit verstärkter interna- tionaler Zusammenarbeit zu verbinden, bekunden die Teilnehmerstaaten ihre Absicht, (10.1) – eine gegenüber Forderungen von Terroristen unnachgiebige Haltung einzunehmen; (10.2) – die bilaterale und multilaterale Zusammenarbeit zwischen ihnen zur Verhinderung und Bekämpfung des Terrorismus zu verstärken und zu entwickeln sowie die Wirksamkeit der beste- henden Zusammenarbeit auf bilateraler Ebene oder im Rahmen von Staatengruppen zu erhöhen, soweit angemessen auch auf dem Wege des Informationsaustausches; (10.3.) – illegale Aktivitäten von Personen, Gruppen oder Organisationen auf ihrem Territorium zu verhindern, die zur Verübung terroristischer oder subversiver oder anderer, auf den gewaltsa- men Umsturz des Regimes eines anderen Teilnehmerstaates gerichteter Handlungen anstiften, sie organisieren oder sich daran beteiligen; (10.4) – wirksame Maßnahmen zur Verhinderung und Bekämpfung terroristischer Handlungen zu ergreifen, die gegen diplomatische oder konsularische Vertreter gerichtet sind, sowie Maßnahmen gegen terroristische Handlungen, die unter Verletzung der Wiener Übereinkommen über diplo- matische und konsularische Beziehungen, insbesondere deren Bestimmungen betreffend diplo- matische und konsularische Privilegien und Immunitäten, erfolgen; (10.5) – die Auslieferung oder gerichtliche Verfolgung von Personen, die sich an terroristischen Handlungen beteiligen, zu gewährleisten und in Fällen von Zuständigkeitskonflikten, von denen mehrere Staaten betroffen sind, eng zusammenzuarbeiten, wobei sie in beiderlei Hinsicht entspre- chend den einschlägigen internationalen Übereinkommen vorgehen; (10.6) – den Beitritt zu den einschlägigen internationalen Übereinkommen über die Bekämpfung des Terrorismus zu erwägen, falls dies noch nicht geschehen ist; (10.7) – in den geeigneten internationalen Gremien die Arbeit fortzuführen, um Maßnahmen gegen den Terrorismus zu verbessern und auszuweiten und zu gewährleisten, daß die einschlägigen Über- einkommen von möglichst vielen Staaten angenommen und eingehalten werden.
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(11) Sie bestätigen, daß sie die Menschenrechte und Grundfreiheiten, einschließlich der Gedan- ken-, Gewissens-, Religions- oder Überzeugungsfreiheit, für alle ohne Unterschied der Rasse, des Geschlechts, der Sprache oder der Religion achten werden. Sie bestätigen ferner die universelle Bedeutung der Menschenrechte und Grundfreiheiten, deren Achtung ein wesentlicher Faktor für Frieden, Gerechtigkeit und Sicherheit ist, die ihrerseits erforderlich sind, um die Entwicklung freundschaftlicher Beziehungen und der Zusammenarbeit zwischen ihnen sowie zwischen allen Staaten zu gewährleisten.
(12) Sie bekunden ihre Entschlossenheit, die wirksame Ausübung der Menschenrechte und Grund- freiheiten zu garantieren, die sich alle aus der dem Menschen innewohnenden Würde ergeben und für seine freie und volle Entfaltung wesentlich sind. Sie erkennen an, daß alle zivilen, politi- schen, wirtschaftlichen, sozialen, kulturellen und anderen Rechte und Freiheiten von überragen- der Bedeutung sind und mit allen zu Gebote stehenden Mitteln in vollem Umfang verwirklicht werden müssen.
(13) In diesem Zusammenhang werden sie (13.1) – ihre Gesetze und Vorschriften sowie ihre Praxis im Bereich der zivilen, politischen, wirt- schaftlichen, sozialen, kulturellen und anderen Menschenrechte und Grundfreiheiten weiterentwi- ckeln und verwirklichen, um die wirksame Ausübung dieser Rechte und Freiheiten zu garantieren; (13.2) – den Beitritt zum Internationalen Pakt über bürgerliche und politische Rechte (Internatio nale Konvention über zivile und politische Rechte), dem Internationalen Pakt über wirtschaftli- che, soziale und kulturelle Rechte (Internationale Konvention über wirtschaftliche, soziale und kulturelle Rechte), dem Fakultativprotokoll zum Internationalen Pakt über bürgerliche und poli- tische Rechte und zu anderen einschlägigen Dokumenten in Erwägung ziehen, sofern dies noch nicht geschehen ist; (13.3) – den Text der Schlußakte, des Abschließenden Dokuments von Madrid und des vorliegen- den Dokuments sowie aller anderen einschlägigen internationalen Dokumente zu Fragen der Men- schenrechte veröffentlichen und verbreiten, um zu gewährleisten, daß diese Dokumente in ihrer Gesamtheit zur Verfügung stehen, eine möglichst breite Öffentlichkeit darüber informieren und sie allen Personen in ihren Ländern insbesondere über öffentliche Bibliotheken zugänglich machen; (13.4) – das Recht des einzelnen, seine Rechte und Pflichten auf diesem Gebiet zu kennen und auszuüben, wirksam gewährleisten und zu diesem Zweck alle Gesetze, Verordnungen und Ver- fahrensvorschriften betreffend die Menschenrechte und Grundfreiheiten veröffentlichen und zugänglich machen; (13.5) – das Recht aller ihrer Bürger achten, einzeln oder in Gemeinschaft mit anderen aktiv zur Förderung und zum Schutz der Menschenrechte und Grundfreiheiten beizutragen; (13.6) – in Schulen und anderen Bildungseinrichtungen zur Behandlung der Förderung und des Schutzes der Menschenrechte und Grundfreiheiten anregen; (13.7) – jeder in ihrem Gebiet befindlichen und ihrer Jurisdiktion unterstehenden Person Men- schenrechte und Grundfreiheiten ohne Unterschied wie insbesondere der Rasse, der Hautfarbe, des Geschlechts, der Sprache, der Religion, der politischen oder sonstigen Anschauung, der natio- nalen oder sozialen Herkunft, des Vermögens, der Geburt oder des sonstigen Status gewährleisten; (13.8) – sicherstellen, daß keine Person, die diese Rechte und Freiheiten für sich in Anspruch nimmt bzw. die Absicht äußert oder versucht, dies zu tun, oder ein Mitglied ihrer Familie als Folge davon in irgendeiner Weise benachteiligt wird; (13.9) – gewährleisten, daß jenen Personen, die eine Verletzung ihrer Menschenrechte und Grund- freiheiten geltend machen, wirksame Rechtsmittel sowie vollständige Informationen darüber zur Verfügung stehen; sie werden unter anderem folgende Rechtsmittel effektiv anwenden:
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• Das Recht des einzelnen, mit Eingaben an Vollzugs-, Gesetzgebungs-, Gerichts oder Verwal- tungsorgane Abhilfe zu suchen; • das Recht auf eine gerechte und öffentliche Verhandlung vor einem unabhängigen und unpar- teiischen Gericht innerhalb einer angemessenen Frist, einschließlich des Rechts, rechtliche Begründungen vorzulegen und durch einen Rechtsbeistand eigener Wahl vertreten zu werden; • das Recht, unverzüglich und auf amtlichem Wege über jede Entscheidung, die auf eine Beru- fung hin getroffen wurde, benachrichtigt zu werden, unter anderem auch über die gesetzlichen Grundlagen, auf deren Basis die Entscheidung erfolgte. Diese Benachrichtigung ist in der Regel schriftlich zu geben, jedenfalls aber so, daß der Betroffene in der Lage ist, von weiteren verfüg- baren Rechtsmitteln wirksamen Gebrauch zu machen.
(14) Die Teilnehmerstaaten erkennen an, daß die Förderung der wirtschaftlichen, sozialen und kulturellen Rechte ebenso wie der zivilen und politischen Rechte für die Menschenwürde und die Verwirklichung der legitimen Bestrebungen jedes einzelnen von überragender Bedeutung ist. Daher werden sie ihre Bemühungen im Hinblick darauf fortsetzen, schrittweise die vollständige Verwirklichung der wirtschaftlichen, sozialen und kulturellen Rechte mit allen geeigneten Mitteln, insbesondere auch durch gesetzgeberische Maßnahmen, zu erreichen. In diesem
Zusammenhang werden sie Problemen in den Bereichen Beschäftigung, Wohnungswesen, soziale Sicherheit, Gesundheit, Bildung und Kultur besondere Aufmerksamkeit widmen.
Sie werden den ständigen Fortschritt bei der Verwirklichung aller Rechte und Freiheiten in ihren Ländern ebenso wie bei der Entwicklung der Beziehungen zwischen ihnen und mit anderen Staa- ten fördern, damit jeder tatsächlich in den vollen Genuß seiner wirtschaftlichen, sozialen und kul- turellen ebenso wie seiner zivilen und politischen Rechte kommt.
(15) Die Teilnehmerstaaten bekräftigen ihre Entschlossenheit, die Gleichberechtigung von Mann und Frau zu gewährleisten. Sie werden daher alle erforderlichen – auch gesetzgeberische – Maß- nahmen ergreifen, um eine gleichermaßen effektive Teilnahme von Männern und Frauen am poli- tischen, wirtschaftlichen, sozialen und kulturellen Leben zu fördern. Sie werden die Möglichkeit eines Beitritts zum Übereinkommen zur Beseitigung jeder Form von Diskriminierung der Frau in Erwägung ziehen, sofern dies noch nicht geschehen ist.
(16) Um die Freiheit des einzelnen zu gewährleisten, sich zu seiner Religion oder Überzeugung zu bekennen und diese auszuüben, werden die Teilnehmerstaaten unter anderem (16.1) – wirksame Maßnahmen ergreifen, um eine auf Religion oder Überzeugung gegründete Dis- kriminierung gegen Personen oder Gemeinschaften in Anerkennung, Ausübung und Genuß von Menschenrechten und Grundfreiheiten in allen Bereichen des zivilen, politischen, wirtschaftlichen, sozialen und kulturellen Lebens zu verhindern und zu beseitigen und die tatsächliche Gleichheit zwischen Gläubigen und Nichtgläubigen zu gewährleisten; (16.2) – eine Atmosphäre gegenseitiger Toleranz und Achtung zwischen Gläubigen verschiedener Gemeinschaften ebenso wie zwischen Gläubigen und Nichtgläubigen schaffen; (16.3) – religiösen Gemeinschaften von Gläubigen, die im verfassungsmäßigen Rahmen ihres Staa- tes wirken oder zu wirken bereit sind, auf ihren Antrag hin die Anerkennung jenes Status einräu- men, der in ihrem jeweiligen Land für sie vorgesehen ist; (16.4) – das Recht dieser religiösen Gemeinschaften achten • frei zugängliche Andachts- und Versammlungsorte einzurichten und zu erhalten, • sich nach ihrer eigenen hierarchischen und institutionellen Struktur zu organisieren,
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• ihr Personal in Übereinstimmung mit ihren jeweiligen Erfordernissen und Normen sowie mit etwaigen zwischen ihnen und ihrem Staat freiwillig vereinbarten Regelungen auszuwählen, zu ernennen und auszutauschen, • freiwillige Beiträge in finanzieller oder anderer Form zu erbitten und entgegenzunehmen; (16.5) – Konsultationen mit Vertretern religiöser Bekenntnisse, Institutionen und Organisationen aufnehmen, um ein besseres Verständnis für die Erfordernissen der Religionsfreiheit zu erreichen; (16.6) – das Recht eines jeden achten, Religionsunterricht in der Sprache seiner Wahl einzeln oder in Gemeinschaft mit anderen zu erteilen und zu erhalten; (16.7) – in diesem Zusammenhang unter anderem die Freiheit der Eltern achten, die religiöse und sittliche Erziehung ihrer Kinder in Übereinstimmung mit ihren eigenen Überzeugungen sicher- zustellen; (16.8) – die Ausbildung von Personal religiöser Gemeinschaften in geeigneten Institutionen gestat- ten; (16.9) – das Recht von einzelnen Gläubigen und Glaubensgemeinschaften achten, religiöse Bücher und Veröffentlichungen in der Sprache ihrer Wahl sowie andere, der Ausübung einer Religion oder Überzeugung dienende Gegenstände und Materialien zu erwerben, zu besitzen und zu verwenden, (16.10) – religiösen Bekenntnissen, Institutionen und Organisationen die Herstellung, Einfuhr und Verbreitung religiöser Veröffentlichungen und Materialien gestatten; (16.11) – das Interesse religiöser Gemeinschaften, am öffentlichen Dialog einschließlich mittels Massenmedien teilzunehmen, wohlwollend prüfen.
(17) Teilnehmerstaaten erkennen an, daß die Ausübung der obenerwähnten Rechte hinsichtlich der Religions- und Glaubensfreiheit nur solchen Einschränkungen unterliegen darf, die im Gesetz verankert sind und mit ihren völkerrechtlichen und anderen internationalen Verpflichtungen in Einklang stehen. Sie werden in ihren Gesetzen und Verordnungen und bei deren Anwendung die vollständige und tatsächliche Verwirklichung der Gedanken-, Gewissens-, Religions- und Glau- bensfreiheit gewährleisten.
(18) Teilnehmerstaaten werden sich unablässig bemühen, die Bestimmungen der Schlußakte und des Abschließenden Dokuments von Madrid im Hinblick auf nationale Minderheiten durchzufüh- ren. Sie werden alle notwendigen gesetzlichen, administrativen, gerichtlichen und sonstigen Maß- nahmen ergreifen und die einschlägigen internationalen Dokumente, durch die sie gegebenenfalls gebunden sind, anwenden, um den Schutz der Menschenrechte und Grundfreiheiten von Angehö- rigen nationaler Minderheiten auf ihrem Territorium zu gewährleisten. Sie werden sich jeglicher Diskriminierung dieser Personen enthalten und zur Verwirklichung ihrer legitimen Interessen und Bestrebungen im Bereich der Menschenrechte und Grundfreiheiten beitragen.
(19) werden die ethnische, kulturelle, sprachliche und religiöse Identität nationaler Minderheiten auf ihrem Territorium schützen und Bedingungen für die Förderung dieser Identität schaffen. Sie werden die freie Ausübung der Rechte durch Angehörige solcher Minderheiten achten und ihre völlige Gleichstellung mit anderen gewährleisten.
(20) Teilnehmerstaaten werden das Recht eines jeden • auf Freizügigkeit und freie Wahl des Aufenthaltsortes innerhalb der Grenzen eines jeden Staa- tes und • auf Ausreise aus jedem Land, darunter auch seinem eigenen, und auf Rückkehr in sein Land uneingeschränkt achten.
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(21) Teilnehmerstaaten werden gewährleisten, daß die Ausübung der obenstehenden Rechte kei- nerlei Einschränkungen unterliegt, mit Ausnahme jener, die im Gesetz verankert sind und mit ihren völkerrechtlichen Verpflichtungen, insbesondere dem Internationalen Pakt über bürgerli- che und politische Rechte, und mit ihren anderen internationalen Verpflichtungen, insbesondere der Allgemeinen Erklärung der Menschenrechte, in Einklang stehen. Diese Einschränkungen tra- gen den Charakter von Ausnahmen. Die Teilnehmerstaaten werden dafür sorgen, daß diese Ein- schränkungen nicht mißbräuchlich und willkürlich angewendet werden, sondern in einer Form, die die wirksame Ausübung dieser Rechte wahrt.
(22) In diesem Zusammenhang werden sie allen Flüchtlingen, die dies wünschen, gestatten, in Sicherheit nach Hause zurückzukehren.
(23) Die Teilnehmerstaaten werden (23.1) – gewährleisten, daß niemand willkürlich festgenommen, in Haft gehalten oder des Lan- des verwiesen wird; (23.2) – gewährleisten, daß jeder, der festgenommen oder in Haft gehalten wird, menschlich und unter Achtung vor der dem Menschen innewohnenden Würde behandelt wird; (23.3) – die Mindestgrundsätze der Vereinten Nationen für die Behandlung von Strafgefangenen sowie den Verhaltenskodex der Vereinten Nationen für Vollzugsbeamte einhalten; (23.4) – Folter und andere Arten grausamer, unmenschlicher oder erniedrigender Behandlung oder Bestrafung verbieten und wirksame gesetzliche, administrative, gerichtliche und sonstige Maß- nahmen ergreifen, um solche Praktiken zu verhindern und zu bestrafen; (23.5) – den Beitritt zum Übereinkommen gegen Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe in Erwägung ziehen, sofern dies noch nicht geschehen ist; (23.6) – den einzelnen vor allen psychiatrischen oder anderen medizinischen Praktiken schützen, die eine Verletzung der Menschenrechte und Grundfreiheiten darstellen, und wirksame Maßnah- men zur Verhinderung und Bestrafung solcher Praktiken treffen.
(24) Teilnehmerstaaten stellen hinsichtlich der Frage der Todesstrafe fest, daß eine Reihe von ihnen diese Strafe abgeschafft hat. In Teilnehmerstaaten, in denen die Todesstrafe noch nicht abge- schafft wurde, darf ein Todesurteil nur für die schwersten Verbrechen gemäß den zum Zeitpunkt der Verübung des Verbrechens geltenden Rechtsvorschriften und nicht unter Mißachtung ihrer internationalen Verpflichtungen verhängt werden. Diese Frage wird weiter verfolgt. Die Teilneh- merstaten werden in diesem Zusammenhang in einschlägigen internationalen Organisationen zusammenarbeiten.
(25) Hinblick auf die Entwicklung gegenseitigen Verständnisses und Vertrauens, die Förderung freundschaftlicher und gutnachbarlicher Beziehungen, die Festigung des internationalen Friedens, der Sicherheit und der Gerechtigkeit und auf eine verbesserte Durchführung ihrer KSZE-Verpflich- tungen werden die Teilnehmerstaaten die Zusammenarbeit weiterentwickeln und den Dialog zwi- schen ihnen in allen Bereichen und auf allen Ebenen auf der Grundlage voller Gleichheit fördern. Sie stimmen überein, daß die vollständige Achtung der Prinzipien sowie deren Anwendung und die Erfüllung der anderen KSZE-Bestimmungen ihre Beziehungen verbessern und die Entwick- lung ihrer Zusammenarbeit vorantreiben werden. Sie werden sich jeglicher Handlung enthalten, die den Bestimmungen der Schlußakte und anderer KSZE-Dokumente zuwiderläuft und erken- nen an, daß jede solche Handlung die Beziehungen zwischen ihnen beeinträchtigen und die Ent- wicklung ihrer Zusammenarbeit behindern würde.
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(26) bestätigen, daß Regierungen, Institutionen, Organisationen und Personen eine maßgebliche und positive Rolle zukommt, zur Erreichung der Ziele ihrer Zusammenarbeit sowie zur vollen Ver- wirklichung der Schlußakte beizutragen. Zu diesem Zweck werden sie das Recht von Personen, die Durchführung der KSZE-Bestimmungen zu beobachten und zu fördern und sich mit anderen zu diesem Zweck zusammenzuschließen, achten. Sie werden direkte Kontakte und Kommunikation zwischen diesen Personen, Organisationen und Institutionen innerhalb der Teilnehmerstaaten sowie zwischen Teilnehmerstaaten erleichtern und rechtliche und administrative Beeinträchtigungen, die nicht den KSZE-Bestimmungen entsprechen, wo immer sie vorhanden sind, beseitigen. Sie wer- den auch wirksame Maßnahmen ergreifen, um den Zugang zu Informationen über die Durchfüh- rung der KSZE-Bestimmungen und die freie Meinungsäußerung zu diesen Fragen zu erleichtern. (…)
Zusammenarbeit in den Bereichen der Wirtschaft, der Wissenschaft und der Technik sowie der Umwelt (…)
Zusammenarbeit auf anderen Gebieten
(40) Die Teilnehmerstaaten betonen die Notwendigkeit einer wirksamen Durchführung der Bestim- mungen der Schlußakte und des Abschließenden Dokuments von Madrid über Wanderarbeiter und ihre Familien in Europa. Sie rufen die Aufnahme- und Herkunftsländer auf, sich um eine wei- tere Verbesserung der wirtschaftlichen, sozialen, kulturellen und sonstigen Lebensbedingungen für Wanderarbeiter und ihre Familien, die sich rechtmäßig in den Aufnahmeländern aufhalten, zu bemühen. Sie empfehlen, daß die Aufnahme- und Herkunftsländer ihre bilaterale Zusammen- arbeit in einschlägigen Bereichen fördern sollten, um die Wiedereingliederung von Wanderarbei- tern und ihren Familien, die in ihre Heimat zurückkehren, zu erleichtern.
(41) Die Teilnehmerstaaten werden im Einklang mit ihren einschlägigen Verpflichtungen, die sie in der Schlußakte und im Abschließenden Dokument von Madrid eingegangen sind, Anträge auf Familienzusammenführung sowie auf Familienkontakte und -besuche wohlwollend prüfen, wenn Wanderarbeiter aus anderen Teilnehmerstaaten, die sich rechtmäßig in den Aufnahmelän- dern aufhalten, davon betroffen sind.
(42) Die Teilnehmerstaaten werden gewährleisten, daß Wanderarbeiter aus anderen Teilnehmer- staaten und ihre Familien ihre nationale Kultur unbehindert pflegen und bewahren können und Zugang zur Kultur des Aufnahmelandes haben.
(43) In dem Bestreben, daß Kinder von Wanderarbeitern beim Zugang zu allen Typen und Ebe- nen von Bildungseinrichtungen tatsächlich die gleichen Möglichkeiten haben wie die Kinder ihrer eigenen Staatsangehörigen, erklären die Teilnehmerstaaten ihre Bereitschaft, die zur besseren Nut- zung der bestehenden Bildungsmöglichkeiten und zu deren Verbesserung erforderlichen Maßnah- men zu treffen. Darüber hinaus werden sie, wo eine angemessene Nachfrage besteht, zusätzlichen Unterricht für die Kinder von Wanderarbeitern in ihrer Muttersprache fördern bzw. erleichtern.
(44) Die Teilnehmerstaaten erkennen an, daß die Frage der Wanderarbeiter eine menschliche Dimension hat.
(45) Die Teilnehmerstaaten erkennen an, daß die Auswirkungen des wirtschaftlichen und tech- nischen Wandels am Arbeitsplatz besonders fühlbar sind. Sie betonen ihre Bereitschaft, ihre
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Zusammenarbeit im Bereich von Berufsausbildungskonzepten durch einen verstärkten Informa- tions- und Erfahrungsaustausch mit dem Ziel einer Anhebung des Ausbildungsniveaus, des Fach- wissens, der Fertigkeiten und der Anpassungsfähigkeit der in Industrie und Handel beschäftigten Arbeitskräfte zu fördern.
(46) Die Teilnehmerstaaten halten es für wichtig, der Jugend die Eingliederung ins Berufsleben zu erleichtern. Sie werden sich daher weiterhin darum bemühen, die notwendigen Voraussetzun- gen für die Bildung und Berufsausbildung der Jugend zu gewährleisten und der Jugend Beschäfti- gungsmöglichkeiten in verschiedenen Wirtschaftszweigen zu bieten. Sie werden weiterhin darum bemüht sein, Voraussetzungen zu schaffen, um den wissenschaftlichen und kulturellen Wissens- stand ihrer Bürger und insbesondere der Jugend zu heben und ihnen den Zugang zu Errungen- schaften in den Bereichen der Natur- und Sozialwissenschaften und der Kultur zu erleichtern. (…)
Zusammenarbeit in humanitären und anderen Bereichen
Die Teilnehmerstaaten,
In der Erwägung, daß die Zusammenarbeit in humanitären und anderen Bereichen ein wesentli- cher Faktor für die Entwicklung ihrer Beziehungen ist,
Darin einig, daß ihre Zusammenarbeit in diesen Bereichen unter voller Achtung der die Bezie- hungen zwischen den Teilnehmerstaaten leitenden Prinzipien der Schlußakte wie auch der diese Prinzipien betreffenden Bestimmungen des Abschließenden Dokuments von Madrid und des vor- liegenden Dokuments durchgeführt werden sollte,
In Bestätigung der Tatsache, daß sie bei der Durchführung der Bestimmungen über Zusammenar- beit in humanitären und anderen Bereichen im Rahmen ihrer Gesetze und Verordnungen gewähr- leisten werden, daß diese Gesetze und Verordnungen mit ihren völkerrechtlichen Verpflichtungen übereinstimmen und mit ihren KSZE-Verpflichtungen in Einklang gebracht werden,
In der Erkenntnis, daß die Durchführung der einschlägigen Bestimmungen der Schlußakte und des Abschließenden Dokuments von Madrid unablässiger und verstärkter Bemühungen bedarf,
Haben das folgende angenommen und werden es durchführen:
Menschliche Kontakte
(1) Sie werden bei der Durchführung der in der Schlußakte, dem Abschließenden Dokument von Madrid und dem vorliegenden Dokument enthaltenen Bestimmungen über menschliche Kontakte ihre völkerrechtlichen Verpflichtungen, auf welche der den Prinzipien gewidmete Unterabschnitt des vorliegenden Dokuments Bezug nimmt, insbesondere daß es jedermann freisteht, jedes Land einschließlich seines eigenen zu verlassen und in sein Land zurückzukehren, ebenso wie ihre ande- ren internationalen Verpflichtungen auf diesem Gebiet voll achten.
(2) Sie werden gewährleisten, daß ihre Politik betreffend Einreise in ihre Territorien mit den in den einschlägigen Bestimmungen der Schlußakte und des Abschließenden Dokuments von Mad- rid und des vorliegenden Dokuments festgelegten Zielen voll übereinstimmt.
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(3) Sie werden die notwendigen Schritte unternehmen, um alle Gesuche auf der Grundlage der in der Schlußakte und im Abschließenden Dokument von Madrid enthaltenen Bestimmungen über menschliche Kontakte, die bei Abschluß des Wiener Folgetreffens noch nicht erledigt sind, so rasch wie möglich, auf jeden Fall aber binnen sechs Monaten, einer Lösung zuzuführen.
(4) Sie werden in der Folge regelmäßige Überprüfungen durchführen, um zu gewährleisten, daß alle Gesuche auf der Grundlage der in der Schlußakte und den anderen oben genannten KSZE- Dokumenten enthaltenen Bestimmungen über menschliche Kontakte in einer Weise behandelt werden, die mit diesen Bestimmungen übereinstimmt.
(5) Sie werden über Gesuche in bezug auf Familienbegegnungen in Übereinstimmung mit der Schlußakte und den anderen oben genannten KSZE-Dokumenten so rasch wie möglich und im Normalfall binnen eines Monats entscheiden.
(6) Sie werden über Gesuche in bezug auf Familienzusammenführung oder auf Eheschließung zwischen Bürgern verschiedener Staaten auf dieselbe Weise entscheiden, im Normalfall binnen drei Monaten.
(7) Sie werden bei der wohlwollenden Behandlung von Gesuchen in bezug auf Familienbegegnun- gen die Wünsche des Gesuchstellers gebührend berücksichtigen, inbesondere in bezug auf den Zeit- punkt und eine ausreichende Dauer solcher Begegnungen, sowie im Hinblick auf Reisen zusammen mit anderen Familienmitgliedern zu gemeinsamen Familienbegegnungen.
(8) Sie werden bei der wohlwollenden Behandlung von Gesuchen in bezug auf Familienbegegnun- gen auch Besuche bei und von entfernteren Verwandten gestatten.
(9) Sie werden bei der wohlwollenden Behandlung von Gesuchen in bezug auf Familienzusam- menführung oder auf Eheschließung zwischen Bürgern verschiedener Staaten die Wünsche der Gesuchsteller bezüglich des Bestimmungslandes, das zu ihrer Aufnahme bereit ist, achten.
(10) Sie werden der Lösung von Problemen, welche die Zusammenführung minderjähriger Kinder mit ihren Eltern betreffen, besonderes Augenmerk schenken. In diesem Zusammenhang und auf der Grundlage der einschlägigen Bestimmungen der Schlußakte und der anderen oben genann- ten KSZE-Dokumente werden sie gewährleisten, • daß ein Gesuch, das zu diesem Zweck eingebracht wird, solange das Kind minderjährig ist, wohlwollend und rasch behandelt wird, um die Familienzusammenführung ohne Verzöge- rung durchzuführen; und • daß angemessene Vorkehrungen zum Schutz der Interessen und des Wohles der betroffenen Kinder getroffen werden.
(11) Sie werden die Möglichkeiten für eine schrittweise Herabsetzung und schließliche Abschaf- fung aller etwaiger Erfordernisse an Reisende, Landeswährung über tatsächliche Ausgaben hin- aus zu erwerben, in Erwägung ziehen und dabei den Personen den Vorrang geben, die zum Zweck von Familienbegegnungen reisen. Sie werden solchen Personen praktisch die Möglichkeit einräu- men, Gegenstände aus ihrem persönlichen Besitz oder Geschenke bei der Ein- oder Ausreise mit sich zu führen.
(12) Sie werden Gesuchen auf Reisen, die aus dringenden humanitären Gründen unternommen wer- den sollen, unverzüglich Aufmerksamkeit widmen und sie folgendermaßen wohlwollend behandeln:
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• Sie werden innerhalb von drei Arbeitstagen über Gesuche in bezug auf Besuche bei einem schwerkranken oder im Sterben liegenden Familienmitglied, in bezug auf Reisen zur Beerdi- gung eines Familienmitglieds oder in bezug auf Reisen von Personen, die nachweislich drin- gend medizinischer Betreuung bedürfen, oder die nachweislich kritisch oder lebensgefährlich erkrankt sind, entscheiden. • Sie werden so rasch wie möglich über Gesuche in bezug auf Reisen schwerkranker oder älterer Menschen und in bezug auf sonstige Reisen aus dringenden humanitären Gründen entscheiden. • Sie werden die Bemühungen ihrer örtlichen, regionalen und zentralen Behörden, die mit der Durchführung des Obenstehenden befaßt sind, verstärken und gewährleisten, daß Gebühren für die vorrangige Behandlung dieser Gesuche tatsächlich entstandene Kosten nicht übersteigen.
(13) Sie werden bei der Behandlung von Gesuchen auf Reisen zum Zwecke von Familienbegeg- nungen, der Familienzusammenführung oder der Eheschließung zwischen Bürgern verschiede- ner Staaten gewährleisten, daß Handlungen oder Unterlassungen von Familienmitgliedern des Gesuchstellers sich nicht nachteilig auf die in den einschlägigen internationalen Dokumenten fest- gelegten Rechte des Gesuchstellers auswirken.
(14) Sie werden gewährleisten, daß alle Dokumente, die für Gesuche auf der Grundlage der Bestim- mungen der Schlußakte und der anderen oben genannten KSZE-Dokumente über menschliche Kontakte erforderlich sind, dem Gesuchsteller leicht zugänglich sind. Die Dokumente bleiben während des gesamten Gesuchverfahrens gültig. Im Falle einer erneuten Gesuchstellung werden jene Dokumente berücksichtigt, die der Gesuchsteller bei früheren Gesuchen bereits vorgelegt hat.
(15) Sie werden die Praxis, die bei Gesuchen auf der Grundlage der in der Schlußakte und den ande- ren oben genannten KSZE-Dokumenten enthaltenen Bestimmungen über menschliche Kontakte geübt wird, vereinfachen und die diesbezüglichen Verwaltungserfordernisse allmählich verringern.
(16) Wenn Gesuche in bezug auf die in der Schlußakte und den anderen oben genannten KSZE- Dokumenten enthaltenen Bestimmungen über menschliche Kontakte aus Gründen, die in den einschlägigen internationalen Dokumenten angegeben sind, abgelehnt werden, werden sie gewähr- leisten, daß dem Gesuchsteller unverzüglich schriftlich in einer amtlichen Benachrichtigung die für diese Entscheidung maßgebenden Gründe dargelegt werden. Dem Gesuchsteller werden in der Regel und immer dann, wenn er dies verlangt, die notwendigen Informationen über die Verfah- ren zur Einlegung jeglicher wirksamer administrativer bzw. gerichtlicher Rechtsmittel gegeben, die ihm gegen die Entscheidung zur Verfügung stehen, wie in den oben erwähnten internationa- len Dokumenten vorgesehen. In Fällen, in denen es um die Ausreise zum Zweck ständiger Nieder- lassung im Ausland geht, werden diese Informationen als Teil der oben vorgesehenen amtlichen Benachrichtigung gegeben.
(17) Wenn in diesem Zusammenhang ein Gesuch einer Einzelperson auf Reisen ins Ausland aus Gründen der nationalen Sicherheit abgelehnt worden ist, werden sie gewährleisten, daß jede Ein- schränkung betreffend Reisen dieser Einzelperson innerhalb streng begründeter Fristen so kurz wie möglich ist und nicht willkürlich angewendet wird. Sie werden auch gewährleisten, daß der Gesuchsteller binnen sechs Monaten und, falls erforderlich, in der Folge in regelmäßigen Abstän- den die Ablehnung überprüfen lassen kann, damit jede Änderung in den für die Ablehnung maß- gebenden Umständen, wie etwa die Zeit, die verstrichen ist, seit der Gesuchsteller zuletzt mit einer die nationale Sicherheit betreffenden Arbeit oder Aufgabe befaßt war, berücksichtigt wird. Bevor Einzelpersonen eine solche Arbeit oder Aufgabe übernehmen, werden sie in einer formel- len Benachrichtigung in Kenntnis gesetzt, ob und inwiefern sich dies auf etwaige Gesuche auf sol- che Reisen auswirken könnte.
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(18) Sie werden innerhalb eines Jahres nach Abschluß des Wiener Folgetreffens alle ihre Gesetze und Verordnungen, die Reisen von Einzelpersonen innerhalb ihres Territoriums und Reisen zwischen Staaten regeln, veröffentlichen und leicht zugänglich machen, sofern dies nicht schon geschehen ist.
(19) Sie werden bei der wohlwollenden Behandlung von Gesuchen auf der Grundlage der in der Schlußakte und den anderen oben genannten KSZE-Dokumenten enthaltenen Bestimmungen über menschliche Kontakte gewährleisten, daß deren Behandlung rechtzeitig erfolgt, um unter ande- rem wichtige familiäre, persönliche oder berufliche Erwägungen, die für den Gesuchsteller von Bedeutung sind, gebührend zu berücksichtigen.
(20) Sie werden Gesuche auf Reisen ins Ausland ohne Unterschied, wie insbesondere der Rasse, der Hautfarbe, des Geschlechts, der Sprache, der Religion, der politischen oder sonstigen Anschauung, der nationalen oder sozialen Herkunft, des Vermögens, der Geburt, des Alters oder des sonstigen Status wohlwollend behandeln. Sie werden gewährleisten, daß sich eine Ablehnung nicht auf von anderen Personen gestellte Gesuche auswirkt.
(21) Sie werden Einzel- oder Gruppenreisen aus persönlichen oder beruflichen Gründen und zu touristischen Zwecken, wie etwa Reisen von Delegationen, Gruppen und Einzelpersonen, weiter erleichtern. Zu diesem Zweck werden sie die Frist für die Prüfung von Gesuchen auf solche Rei- sen auf ein Mindestmaß verringern.
(22) Sie werden Vorschläge betreffend den Abschluß von Abkommen über die Ausstellung von Mehrfacheinreisevisa und die gegenseitige Erleichterung der Visaerteilungsformalitäten ernsthaft in Erwägung ziehen, wie auch Möglichkeiten für die gegenseitige Abschaffung von Einreisevisa auf der Grundlage zwischen ihnen getroffener Vereinbarungen erwägen.
(23) Sie werden den Beitritt zu den einschlägigen multilateralen Dokumenten sowie – wo dies nötig ist – den Abschluß zusätzlicher oder anderer bilateraler Verträge erwägen, um Vorkehrungen im Interesse eine wirksamen konsularischen, rechtlichen und medizinischen Beistands für Bürger anderer Teilnehmerstaten, die sich vorübergehend auf ihrem Territorium aufhalten, zu verbessern.
(24) Sie werden jede erforderliche Maßnahme treffen, um zu gewährleisten, daß dort, wo dies noch nicht der Fall ist, für die persönliche Sicherheit von Bürgern anderer Teilnehmerstaaten, die sich aus persönlichen oder beruflichen Gründen, unter anderem zur Teilnahme an kulturellen und wis- senschaftlichen Aktivitäten und zu Ausbildungszwecken, vorübergehend auf ihrem Territorium aufhalten, in geeigneter Weise gesorgt wird.
(25) Sie werden die Aufnahme und Pflege direkter persönlicher Kontakte zwischen ihren Bürgern sowie zwischen Vertretern ihrer Institutionen und Organisationen durch Reisen zwischen Staa- ten und andere Kommunikationsmittel erleichtern und ermutigen.
(26) Sie werden solche Kontakte und eine solche Zusammenarbeit zwischen ihren Völkern durch Maßnahmen wie etwa direkten Sportaustausch auf örtlicher und regionaler Ebene, die ungehin- derte Aufnahme und Durchführung von Städtepartnerschaften sowie durch Studenten- und Leh- reraustausch erleichtern.
(27) Sie werden die Weiterentwicklung direkter Kontakte zwischen jungen Menschen sowie zwi- schen staatlichen und nichtstaatlichen Jugend- und Studentenorganisationen und -institutionen, den Abschluß bilateraler und multilateraler Vereinbarungen und Programme zwischen solchen Orga- nisationen und Institutionen sowie die Durchführung von Bildungs- und Kulturveranstaltungen
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und anderer Aktivitäten durch und für junge Menschen auf bilateraler und multilateraler Ebene ermutigen.
(28) Sie werden sich weiterhin um die Erleichterung von Jugendreisen und des Jugendtourismus bemühen, indem sie unter anderem denjenigen ihrer Eisenbahnbehörden, die Mitglied des Inter- nationalen Eisenbahnverbandes (UIC) sind, empfehlen, das Inter-Rail- System auf ihre gesam- tes europäisches Streckennetz auszudehnen, und denjenigen ihrer Eisenbahnbehörden, die dem UIC nicht angehören, empfehlen, die Schaffung ähnlicher Einrichtungen in Erwägung zu ziehen.
(29) In Übereinstimmung mit dem Weltpostvertrag und dem Internationalen Fernmeldevertrag werden sie • die Freiheit des Durchgangs im Postverkehr garantieren; • die rasche und unbehinderte Auslieferung von Postsendungen, auch von persönlichen Briefen und Paketen, gewährleisten; • den privaten Charakter und die Unantastbarkeit des Post- und Fernsprechverkehrs achten; und • die notwendigen Bedingungen für das rasche Zustandekommen unterbrechungsfreier Telefon- gespräche gewährleisten, einschließlich der Verwendung internationaler Direktwahlsysteme, sofern solche bestehen, und deren Entwicklung.
(30) Sie werden direkte persönliche Kontakte zwischen den Bürgern ihrer Staaten fördern, unter anderem indem sie Einzelreisen innerhalb ihrer Länder erleichtern und es Ausländern gestatten, mit ihren Bürgern zusammenzutreffen und auf Einladung auch in Privatwohnungen Unterkunft zu nehmen.
(31) Sie werden gewährleisten, daß auf ihren Territorien Angehörige nationaler Minderheiten oder regionaler Kulturen hinsichtlich menschlicher Kontakte gemäß der Schlußakte und den anderen oben genannten KSZE-Dokumenten denselben Status genießen wie andere Bürger, und aß diese Personen solche Kontakte durch Reisen und andere Kommunikationsmittel aufnehmen und pfle- gen könne, auch mit Bürgern anderer Staaten, mit denen sie eine gemeinsame nationale Herkunft oder ein gemeinsames kulturelles Erbe teilen.
(32) Sie werden es Gläubigen, religiösen Bekenntnissen und deren Vertretern gestatten, im In- und Ausland in Gruppen oder einzeln direkte persönliche Kontakte und Verbindungen untereinan- der aufzunehmen und zu pflegen, unter anderem durch Reisen, Pilgerfahrten und die Teilnahme an Versammlungen und anderen religiösen Veranstaltungen. In diesem Zusammenhang und im Einklang mit solchen Kontakten und Veranstaltungen ist es den betreffenden Personen gestattet, religiöse Publikationen und Gegenstände, die mit der Ausübung ihrer Religion oder ihres Glau- bens im Zusammenhang stehen, zu erwerben, zu erhalten und mit sich zu führen.
(33) Sie hörten Berichte über das Expertentreffen über Menschliche Kontakte, das vom 15. April bis 26. Mai 1986 in Bern stattfand. Sie nahmen zur Kenntnis, daß man sich bei dem Treffen auf keine Schlußfolgerungen hatte einigen können, und bezeichneten die freimütige Diskussion und die größere Offenheit beim Meinungsaustausch als begrüßenswerte Entwicklungen. In dieser Hin- sicht verwiesen sie auf die besondere Bedeutung des Umstandes, daß auf dem Treffen unterbreitete Vorschläge beim Wiener Folgetreffen weitere Berücksichtigung gefunden haben.
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Information
(34) Sie werden ihre Bemühungen fortsetzen, um zu einer immer umfassenderen Kenntnis und einem immer besseren Verstehen des Lebens in ihren Staaten beizutragen und dadurch das Ver- trauen zwischen den Völkern zu fördern.
Sie werden sich weiterhin darum bemühen, die freiere und umfassendere Verbreitung von Infor- mationen aller Art zu erleichtern, zur Zusammenarbeit im Bereich der Information zu ermutigen und die Arbeitsbedingungen für Journalisten zu verbessern.
In diesem Zusammenhang und in Übereinstimmung mit dem Internationalen Pakt über bürgerli- che und politische Rechte (der Internationalen Konvention über zivile und politische Rechte), der Allgemeinen Erklärung der Menschenrechte und ihren anderen einschlägigen internationalen Ver- pflichtungen betreffend die Beschaffung, den Empfang und die Weitergabe von Informationen aller Art werden sie gewährleisten, daß Einzelpersonen ihre Informationsquellen frei wählen können.
In diesem Zusammenhang werden sie • sicherstellen, daß Rundfunksendungen, die gemäß der Funkordnung der Internationalen Fern- meldeunion (ITU) ausgestrahlt werden, in ihren Staaten direkt und normal empfangen wer- den können; und • Einzelpersonen, Institutionen und Organisationen unter Wahrung der Rechte auf geistiges Eigentum, einschließlich des Urheberrechts, gestatten, alle Arten von Informationsmaterial zu erwerben, zu besitzen, zu reproduzieren und weiterzugeben.
Zu diesen Zwecken werden sie alle mit den obenerwähnten völkerrechtlichen und anderen inter- nationalen Verpflichtungen unvereinbaren Einschränkungen beseitigen.
(35) Sie werden jede durch moderne Kommunikationsmittel, einschließlich durch Kabel und Satel- liten gebotene Möglichkeiten nützen, um die freiere und umfassendere Verbreitung von Informa- tionen aller Art zu verstärken. Sie werden auch die Zusammenarbeit und den Austausch zwischen ihren einschlägigen Institutionen, Organisationen und technischen Experten ermutigen und auf die Harmonisierung technischer Standards und Normen hinarbeiten. Sie werden die Auswirkun- gen dieser modernen Kommunikationsmittel auf ihre Massenmedien bedenken.
(36) Sie werden in der Praxis gewährleisten, daß offizielle Informationsbulletins durch diploma- tische und andere offizielle Missionen und konsularische Stellen der anderen Teilnehmerstaaten auf ihrem Territorium frei verbreitet werden können.
(37) Sie werden Rundfunk- und Fernsehorganisationen, auf der Grundlage von Vereinbarungen zwischen ihnen, ermutigen, Programme und Diskussionen mit Teilnehmern aus verschiedenen Ländern vor allem in den Veranstalterländern live zu übertragen und Erklärungen und Interviews von Politikern und anderen Persönlichkeiten aus den Teilnehmerstaaten zu senden.
(38) Sie werden Rundfunk- und Fernsehorganisationen ermutigen, über verschiedene Aspekte des Lebens in anderen Teilnehmerstaaten zu berichten und die Anzahl der Telebrücken zwischen ihren Ländern zu erhöhen.
(39) Eingedenk dessen, daß die legitime Ausübung der beruflichen Tätigkeit von Journalisten weder zu deren Ausweisung noch zu anderweitigen Strafmaßnahmen gegen sie führen wird, werden sie von einschränkenden Maßnahmen, wie etwa dem Entzug der Akkreditierung eines Journalisten
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oder seiner Ausweisung wegen des Inhalts seiner Berichterstattung oder der seines Informations- mediums, absehen.
(40) Sie werden gewährleisten, daß es Journalisten, darunter auch denjenigen, die Medien ande- rer Teilnehmerstaaten vertreten, bei der Ausübung dieser Tätigkeit freisteht, Zugang zu öffentli- chen und privaten Informationsquellen zu suchen und mit diesen Kontakt zu pflegen, sowie daß ihr Bedürfnis nach Wahrung des Berufsgeheimnisses geachtet wird.
(41) Sie werden das Urheberrecht von Journalisten achten.
(42) Sie werden, wo notwendig, auf der Grundlage von zwischen ihnen geschlossenen Vereinba- rungen und zum Zwecke der regelmäßigen Berichterstattung, Journalisten aus anderen Teilneh- merstaaten ungeachtet ihres Wohnortes die Akkreditierung, sofern eine solche erforderlich ist, und Visa für mehrfache Einreise gewähren. Auf dieser Grundlage werden sie die Frist für die Erteilung sowohl von Akkreditierungen als auch von Visa für mehrfache Einreise für Journalisten auf ins- gesamt höchstens zwei Monate herabsetzen.
(43) Sie werden die Arbeit ausländischer Journalisten erleichtern, indem sie ihnen auf Anfrage ein- schlägige Auskünfte über praktische Fragen erteilen, wie etwa über Einfuhrbestimmungen, Steu- ern und Wohnmöglichkeiten.
(44) Sie werden gewährleisten, daß offizielle Pressekonferenzen und, wenn angebracht, andere ähn- liche offizielle Presseveranstaltungen auch ausländischen Journalisten – erforderlichenfalls nach Akkreditierung – offenstehen.
(45) Sie werden in der Praxis gewährleisten, daß Angehörige nationaler Minderheiten oder regi- onaler Kulturen auf ihren Territorien Informationen in ihrer Muttersprache verbreiten und aus- tauschen können und zu solchen Informationen Zugang habe. (…)
Zusammenarbeit und Austausch im Bereich der Kultur
(47) Sie werden ihre kulturelle Zusammenarbeit unter anderem durch die Durchführung aller ein- schlägigen bilateralen und multilateralen Abkommen, die zwischen ihnen in den verschiedenen Kulturbereichen geschlossen wurden, fördern und ihr volle Wirksamkeit verleihen.
(48) Sie werden interessierte nichtstaatliche Organisationen im kulturellen Bereich ermutigen, sich gemeinsam mit staatlichen Institutionen an der Ausarbeitung und Durchführung dieser Abkom- men und konkreter Projekte sowie an der Ausarbeitung praktischer Maßnahmen betreffend den Kulturaustausch und die kulturelle Zusammenarbeit zu beteiligen.
(49) Sie werden die Einrichtung von Kulturinstituten oder -zentren anderer Teilnehmerstaaten auf ihrem Territorium im gegenseitigen Einvernehmen befürworten. Der ungehinderte Zugang der Öffentlichkeit zu solchen Instituten oder Zentren sowie deren normaler Betrieb wird sicher- gestellt werden.
(50) Sie werden den ungehinderten Zugang der Öffentlichkeit zu Kulturveranstaltungen sicher- stellen, die auf ihrem Territorium von Personen oder Institutionen aus anderen Teilnehmerstaaten organisiert werden, und gewährleisten, daß die Veranstalter von allen im Gastland verfügbaren Mitteln Gebrauch machen können, um diese Veranstaltungen bekanntzumachen.
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(51) Sie werden direkte persönliche Kontakte im Kulturbereich sowohl auf individueller als auch auf kollektiver Grundlage sowie Kontakte zwischen Kulturinstitutionen, Vereinigungen schaffen- der und ausübender Künstler und anderen Organisationen erleichtern und ermutigen, um ihren Bürgern verstärkt Gelegenheit zu geben, sich mit der schöpferischen Tätigkeit in und aus anderen Teilnehmerstaaten unmittelbar vertraut zu machen.
(52) Sie werden die ungehinderte Verbreitung von Kunstwerken und anderen Kulturgegenstän- den gewährleisten, und nur jene Einschränkungen zulassen, die der Wahrung ihres kulturellen Erbes dienen, auf der Achtung geistiger und künstlerischer Eigentumsrechte beruhen oder sich aus ihren internationalen Verpflichtungen betreffend die Verbreitung von Kulturgütern ergeben.
(53) Sie werden kulturell tätige Personen aus verschiedenen Teilnehmerstaaten zur Zusammenar- beit untereinander und zu gemeinsamen künstlerischen Unternehmungen ermutigen, falls ange- bracht, konkrete Initiativen, die von solchen Personen, Institutionen und Organisationen zu diesem Zweck ergriffen werden, erleichtern und junge Menschen zur Mitwirkung an solchen Initiativen ermutigen. Sie werden in diesem Zusammenhang Begegnungen und Symposien, Ausstellungen, Festspiele und Tourneen von Ensembles oder Truppen sowie Forschungs- und Ausbildungspro- gramme ermutigen, an denen auch Personen aus anderen Teilnehmerstaaten ungehindert teilneh- men und zu denen sie frei beitragen können.
(54) Der Austausch von Personen oder Gruppen, die zur Teilnahme an kulturellen Aktivitäten eingeladen wurden, durch andere wird nur in Ausnahmefällen und nach vorheriger Zustimmung durch den Einladenden erfolgen.
(55) Sie werden die Abhaltung von Filmwochen ermutigen, die gegebenenfalls auch Treffen von Künstlern und Fachleuten sowie Vorträge über Filmkunst einschließen, direkte Kontakte zwischen Filmregisseuren und -produzenten im Hinblick auf FilmKoproduktionen erleichtern und ermuti- gen und die Zusammenarbeit bei der Sicherung von Filmmaterial und beim Austausch von tech- nischen Informationen und Publikationen über das Filmwesen ermutigen.
(56) Sie werden den Spielraum dafür erkunden, Bibliographien und Kataloge kultureller Arbei- ten und Werke in Standardformat auf Computer umzustellen und in dieser Form zu verbreiten.
(57) Sie werden Museen und Kunstgalerien zur Aufnahme direkter Kontakte unter anderem im Hinblick auf die Veranstaltung von Ausstellungen unter Einbeziehung von Leihgaben und auf den Austausch von Katalogen ermutigen.
(58) Sie werden ihre Bemühungen erneuern, um den Bestimmungen der Schlußakte und des Abschließenden Dokuments von Madrid betreffend weniger verbreitete Sprachen Wirkung zu verleihen. Sie werden ferner Initiativen ermutigen, die darauf abzielen, die Zahl der Übersetzun- gen von Literatur aus diesen und in diese Sprachen zu vergrößern sowie die Qualität dieser Über- setzungen zu verbessern, insbesondere durch Abhaltung von Workshops unter Beteiligung von Übersetzern, Autoren und Verlegern, durch die Herausgabe von Wörterbüchern und gegebenen- falls durch den Austausch von Übersetzern auf der Grundlage von Stipendien.
(59) Sie werden gewährleisten, daß Angehörige nationaler Minderheiten oder regionaler Kultu- ren auf ihren Territorien ihre eigene Kultur in all ihren Aspekten pflegen und entwickeln können, einschließlich von Sprache, Literatur und Religion, und daß sie ihre kulturellen und historischen Denkmäler und Gegenstände erhalten können. (…)
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(61) Sie werden unter gebührender Berücksichtigung der Eigenart und Vielfalt ihrer jeweiligen Kulturen Bemühungen ermutigen, um die gemeinsamen Merkmale zu erforschen und ein stärke- res Bewußtsein für ihr kulturelles Erbe zu bilden. Sie werden dementsprechend Initiativen ermu- tigen, die zur besseren Kenntnis des kulturellen Erbes der anderen Teilnehmerstaten in all seinen Formen, einschließlich regionaler Aspekte und der Volkskunst, beitragen können. (…)
Zusammenarbeit und Austausch im Bereich der Bildung
(63) Sie werden gewährleisten, daß allen ohne Diskriminierung hinsichtlich der Rasse, der Haut- farbe, des Geschlechts, der Sprache, der Religion, der politischen oder sonstigen Anschauung, der nationalen oder sozialen Herkunft, des Vermögens, der Geburt oder des sonstigen Status die ver- schiedenen Arten und Stufen von Bildungseinrichtungen zugänglich sind.
(64) Zur Ermutigung einer umfassenden Zusammenarbeit in Wissenschaft und Bildung werden sie ungehinderte Verbindungen zwischen Universitäten und anderen höheren Bildungsanstalten und Forschungsinstituten erleichtern. Sie werden auch direkte persönliche Kontakte – auch in Form von Reisen – zwischen Wissenschaftlern, Forschern und anderen in diesen Bereichen täti- gen Personen erleichtern.
(65) Sie werden ferner den ungehinderten Zugang von Wissenschaftlern, Lehrern und Studenten aus den anderen Teilnehmerstaaten zu offenem Informationsmaterial gewährleisten, das in öffent- lichen Archiven, Bibliotheken, Forschungsinstituten und ähnlichen Einrichtungen verfügbar ist.
(66) Sie werden den Schüleraustausch zwischen ihren Ländern – wo notwendig auf der Grundlage bilateraler Vereinbarungen – erleichtern, einschließlich der Möglichkeit, Familien des Gastlandes in deren Wohnungen zu treffen und dort Unterkunft zu nehmen, um die Schüler mit der Lebens- weise, den Traditionen und dem Bildungswesen in anderen Teilnehmerstaaten vertraut zu machen.
(67) Sie werden ihre zuständigen Regierungsstellen oder Bildungsinstitutionen ermutigen, die Schlußakte als Ganzes in geeigneter Weise in die Lehrpläne der Schulen und Universitäten auf- zunehmen.
(68) Sie werden gewährleisten, daß Angehörige nationaler Minderheiten oder regionaler Kulturen auf ihren Territorien Unterricht über ihre eigene Kultur erteilen und erhalten können; diese schließt die Vermittlung von Sprache, Religion und kultureller Identität durch die Eltern an ihre Kinder ein.
(69) Sie werden ihre Rundfunk- und Fernsehorganisationen ermutigen, einander über die von ihnen produzierten Bildungsprogramme zu informieren und den Austausch solcher Programme in Erwägung zu ziehen.
(70) Sie werden direkte Kontakte und die Zusammenarbeit zwischen zuständigen staatlichen Stel- len oder Organisationen im Bereich von Bildung und Wissenschaft ermutigen.
(71) Sie werden die weitere Zusammenarbeit und Kontakte zwischen Einrichtungen zur Ausbil- dung und Rehabilitation behinderter Kinder und zwischen den in diesem Bereich tätigen Fach- leuten ermutigen.
55 Wien 1989
Menschliche Dimension der KSZE
Die Teilnehmerstaaten,
Unter Hinweis auf die in der Schlußakte und in anderen KSZE-Dokumenten eingegangenen Ver- pflichtungen betreffend die Achtung aller Menschenrechte und Grundfreiheiten, die menschlichen Kontakte und andere Fragen von gleichfalls humanitärer Art,
In Erkenntnis der Notwendigkeit, die Durchführung ihrer KSZE-Verpflichtungen und ihre Zusam- menarbeit auf diesen Gebieten, auf die im folgenden als menschliche Dimension der KSZE Bezug genommen wird, zu verbessern,
Haben auf der Grundlage der Prinzipien und Bestimmungen der Schlußakte und anderer ein- schlägiger KSZE-Dokumente beschlossen:
1. Informationen auszutauschen sowie Informationsersuchen und Vorstellungen, die von anderen Teilnehmerstaaten zu Fragen der menschlichen Dimension der KSZE an sie herangetragen wer- den, zu beantworten. Solche Mitteilungen können auf diplomatischem Wege übermittelt oder an jede für diese Zwecke bestimmte Stelle gerichtet werden;
2. bilaterale Treffen mit anderen Teilnehmerstaaten, die darum ersuchen, abzuhalten, um Fragen betreffend die menschliche Dimension der KSZE, einschließlich Situationen und konkreter Fälle, mit dem Ziel ihrer Lösung zu prüfen. Zeit und Ort solcher Treffen werden in gegenseitigem Ein- vernehmen auf diplomatischem Wege vereinbart;
3. daß jeder Teilnehmerstaat, der es als notwendig erachtet, Situationen und Fälle, die unter die menschliche Dimension der KSZE fallen, einschließlich jener, die bei den in Absatz 2 beschrie- benen bilateralen Treffen angesprochen wurden, anderen Teilnehmerstaaten auf diplomatischem Wege zur Kenntnis bringen kann;
4. daß jeder Teilnehmerstaat, der es als notwendig erachtet, bei den Treffen der Konferenz über die Menschliche Dimension wie auch bei den KSZE-Hauptfolge- treffen über den Informationsaus- tausch und die auf seine Informationsersuchen und Vorstellungen erfolgten Antworten (Absatz 1) und über die Ergebnisse der bilateralen Treffen (Absatz 2) Informationen zur Verfügung stellen kann, einschließlich von Informationen über Situationen und konkrete Fälle. (…)
56 Bericht über das Umweltschutztreffen Sofia 1989 (Wien 1990)
(…)
Die Teilnehmerstaaten bekräftigen ihre Achtung vor dem Recht von Einzelpersonen, Gruppen und Organisationen, die sich mit Umweltfragen befassen, ihre Ansichten frei zu äußern, sich mit anderen zusammenzuschließen und friedlich zu versammeln sowie Informationen zu diesen Fra- gen ohne rechtliche oder administrative Beeinträchtigungen, die mit den KSZE-Bestimmungen nicht vereinbar sind, zu erwerben, zu veröffentlichen und weiterzugeben. Diese Einzelpersonen, Gruppen und Organisationen haben das Recht, an öffentlichen Diskussionen über Umweltfragen teilzunehmen und direkte und unabhängige Kontakte auf nationaler und internationaler Ebene aufzunehmen und zu pflegen.
57 Dokument der Bonner Konferenz über Wirtschaftliche Zusammenarbeit in Europa Bonn 1990
(…) die Teilnehmerstaaten,
In Anerkennung des Zusammenhangs zwischen politischem Pluralismus und Marktwirtschaft und den folgenden Prinzipien verpflichtet: • einem demokratischen Mehrparteiensystem auf der Grundlage freier, regelmäßiger und ech- ter Wahlen; • der Rechtsstaatlichkeit und dem für alle gleichen Schutz durch das Gesetz auf der Grundlage der Achtung der Menschenrechte sowie eines wirksamen, allgemein zugänglichen und gerech- ten Rechtswesens; • der Wirtschaftstätigkeit, die die Würde des Menschen entsprechend achtet, Zwangsarbeit oder Diskriminierung von Arbeitern aufgrund von Rasse, Geschlecht, Sprache, politischer oder religiöser Überzeugung ausschließt und den Arbeitern das Recht auf Gründung unabhängiger Gewerkschaften und den Beitritt zu solchen nicht vorenthält,
Sich bemühen, folgendes anzustreben bzw. beizubehalten: (…) • Politiken zur Förderung der sozialen Gerechtigkeit und zur Verbesserung der Lebens- und Arbeitsbedingungen; (…) • Volle Anerkennung und voller Schutz aller Formen von Eigentum, einschließlich des Privat- eigentums, und des Rechts der Bürger, Eigentum zu besitzen und zu nutzen, sowie des Rechts an geistigem Eigentum; • Das Recht auf unverzügliche Zahlung einer gerechten und wirksamen Entschädigung bei Über- führung privaten Eigentums in öffentliche Nutzung;
58 Dokument des Kopenhagener Treffens der Konferenz uber die menschliche Dimension der KSZE Kopenhagen 1990
(…)
Die Teilnehmerstaaten begrüßen mit großer Genugtuung die grundlegenden politischen Verän- derungen in Europa, die seit dem ersten Treffen der Konferenz über die Menschliche Dimension der KSZE 1989 in Paris stattgefunden haben. Sie stellen fest, daß der KSZE-Prozeß wesentlich zum Zustandekommen dieser Veränderungen beigetragen hat und daß diese Entwicklungen ihrerseits die Durchführung der Bestimmungen der Schlußakte und der anderen KSZE-Dokumente in star- kem Maße gefördert haben.
Sie erkennen an, daß pluralistische Demokratie und Rechtsstaatlichkeit wesentlich sind für die Gewährleistung der Achtung aller Menschenrechte und Grundfreiheiten, die Weiterentwicklung menschlicher Kontakte und die Lösung anderer Fragen von gleichfalls humanitärer Art. Sie begrü- ßen daher das Bekenntnis aller Teilnehmerstaaten zu den Idealen der Demokratie und des politi- schen Pluralismus sowie ihre gemeinsame Entschlossenheit, demokratische Gesellschaftssysteme auf der Grundlage von freien Wahlen und Rechtsstaatlichkeit zu errichten.
Auf dem Kopenhagener Treffen prüften die Teilnehmerstaaten die Durchführung ihrer Verpflich- tungen im Bereich der menschlichen Dimension. Sie stellten fest, daß der Grad der Erfüllung der in den einschlägigen Bestimmungen der KSZE-Dokumente enthaltenen Verpflichtungen eine wesent- liche Verbesserung seit dem Pariser Treffen aufweist. Sie brachten aber auch ihre Ansicht zum Aus- druck, daß für die vollständige Verwirklichung ihrer Verpflichtungen betreffend die menschliche Dimension weitere Schritte erforderlich sind.
Die Teilnehmerstaaten bringen ihre Überzeugung zum Ausdruck, daß die volle Achtung der Men- schenrechte und Grundfreiheiten sowie die Entwicklung von Gesellschaftssystemen auf der Grund- lage von pluralistischer Demokratie und Rechtsstaatlichkeit Vorbedingung für einen Fortschritt beim Aufbau jener dauerhaften Ordnung von Frieden, Sicherheit, Gerechtigkeit und Zusammen- arbeit sind, die sie in Europa zu errichten wünschen. Sie bekräftigen daher ihre Verpflichtung, alle Bestimmungen der Schlußakte und der anderen KSZE-Dokumente betreffend die menschliche Dimension vollständig durchzuführen, und werden auf dem erzielten Fortschritt weiter aufbauen.
Sie erkennen an, daß ihre Zusammenarbeit sowie die aktive Einbeziehung von Personen, Grup- pen, Organisationen und Institutionen wesentlich sein werden, um weitere Fortschritte im Hin- blick auf ihre gemeinsamen Ziele zu gewährleisten.
Um die Achtung und den Genuß der Menschenrechte und Grundfreiheiten zu festigen, mensch- liche Kontakte weiterzuentwickeln und Fragen von gleichfalls humanitärer Art zu lösen, verein- baren die Teilnehmerstaaten folgende:
59 Kopenhagen 1990
I
(1) Die Teilnehmerstaaten bringen ihre Überzeugung zum Ausdruck, daß der Schutz und die För- derung der Menschenrechte und Grundfreiheiten eine der grundlegenden Aufgaben jeder Regie- rung ist, und bekräftigen, daß die Anerkennung dieser Rechte und Freiheiten die Grundlage für Freiheit, Gerechtigkeit und Frieden ist.
(2) Sie sind entschlossen, die Grundsätze der Gerechtigkeit zu unterstützen und zu fördern, auf denen der Rechtsstaat aufbaut. Sie vertreten die Auffassung, daß Rechtsstaatlichkeit nicht nur formale Rechtmäßigkeit bedeutet, die Regelmäßigkeit und Schlüssigkeit bei der Errichtung und Durchsetzung der demokratischen Ordnung gewährleistet, sondern auch Gerechtigkeit, die auf der Anerkennung und der vollen Achtung der Persönlichkeit des Menschen als dem höchstem Gut beruht und durch Institutionen gesichert ist, die einen Rahmen für seine umfassende Selbst- verwirklichung bieten.
(3) Sie bekräftigen, daß die Demokratie ein wesentlicher Bestandteil des Rechtsstaates ist. Sie erken- nen die Bedeutung des Pluralismus für politische Organisationen an.
(4) Sie bestätigen, daß sie in Einklang mit internationalen Menschenrechtsstandards das Recht eines jeden von ihnen achten werden, sein politisches, soziales, wirtschaftliches und kulturelles System frei zu wählen und zu entwickeln. In Ausübung dieser Rechte werden sie gewährleisten, daß ihre Gesetze und Verordnungen, ihre Praxis und Politik mit ihren völkerrechtlichen Verpflichtungen übereinstimmen und mit den Bestimmungen der Erklärung über die Prinzipien und mit anderen KSZE-Verpflichtungen in Einklang gebracht werden.
(5) Sie erklären feierlich, daß unter den Elementen, die die Gerechtigkeit ausmachen, die folgen- den wesentlich für den umfassenden Ausdruck der dem Menschen innewohnenden Würde und der für alle Menschen gleichen und unveräußerlichen Rechte sind: (5.1) – Freie Wahlen werden in angemessenen Zeitabständen in geheimer Abstimmung oder durch ein gleichwertiges freies Abstimmungsverfahren unter Bedingungen abgehalten, die die freie Äuße- rung der Meinung der Wähler bei der Wahl ihrer Vertreter tatsächlich gewährleisten; (5.2) – Eine Regierungsform, die ihrem Wesen nach repräsentativ ist, bei der die Exekutive den gewählten gesetzgebenden Körperschaften oder der Wählerschaft gegenüber rechenschaftspflich- tig ist; (5.3) – Die Pflicht der Regierung und der öffentlichen Behörden, verfassungsgemäß und in Ein- klang mit den Gesetzen zu handeln; (5.4) – Eine klare Trennung zwischen Staat und politischen Parteien; unzulässig ist insbesondere die Verschmelzung politischer Parteien mit dem Staat; (5.5) – Regierung und Verwaltung sowie die Gerichte haben sich in ihren Handlungen an die Rechtsordnung zu halten. Die Achtung dieser Rechtsordnung ist zu gewährleisten; (5.6) – Die Streitkräfte und die Polizei sind den zivilen Behörden unterstellt und diesen gegen- über rechenschaftspflichtig; (5.7) – Die Menschenrechte und Grundfreiheiten sind durch Gesetz und in Einklang mit den völ- kerrechtlichen Verpflichtungen der Teilnehmerstaaten zu gewährleisten; (5.8) – Die nach Abschluß einer öffentlichen Debatte angenommenen Gesetze sowie Verordnun- gen werden bekanntgemacht; diese Bekanntmachung ist Voraussetzung für ihre Anwendbarkeit. Die Texte müssen jedermann zugänglich sein;
60 Kopenhagen 1990
(5.9) – Alle Menschen sind vor dem Gesetz gleich und haben ohne Diskriminierung Anspruch auf gleichen Schutz durch das Gesetz. In diesem Zusammenhang wird das Gesetz jede Diskrimi- nierung untersagen und jedermann gleichen und wirkungsvollen Schutz gegen Diskriminierung gleich welcher Art angedeihen lassen; (5.10) Jedermann verfügt über ein wirksames Rechtsmittel gegen Entscheidungen der Verwal- tung, so daß die Achtung der Grundrechte sichergestellt und die Rechtssicherheit gewährleistet ist; (5.11) – Verwaltungsentscheidungen gegen eine Person müssen zur Gänze zu rechtfertigen sein und in der Regel die verfügbaren üblichen Rechtsmittel anführen; (5.12) – Die Unabhängigkeit der Richter und das unparteiische Wirken der rechtsprechenden Gewalt werden gewährleistet; (5.13) – Die Unabhängigkeit der Anwaltschaft wird anerkannt und geschützt, insbesondere hin- sichtlich der Zulassung und der Berufsausübung; (5.14) – Die Strafverfahrensregeln werden die Zuständigkeit im Rahmen der Strafverfolgung sowie für die dieser vorhergehenden und parallel zu dieser erfolgenden Maßnahmen eindeutig festlegen; (5.15) – Jeder, der unter dem Vorwurf einer strafbaren Handlung festgenommen worden ist oder in Haft gehalten wird, hat das Recht, zur Entscheidung über die Rechtmäßigkeit seiner Festnahme oder Haft unverzüglich einem Richter oder einer anderen gesetzlich zur Ausübung dieser Funk- tion ermächtigten Amtsperson vorgeführt zu werden; (5.16) – Jeder hat Anspruch darauf, daß über eine gegen ihn erhobene strafrechtliche Anklage oder seine zivilrechtlichen Ansprüche und Verpflichtungen durch ein zuständiges, unabhängiges, unparteiisches und auf Gesetz beruhendes Gericht in billiger Weise und öffentlich verhandelt wird; (5.17) – Jede gerichtlich verfolgte Person hat das Recht, sich selbst zu verteidigen oder durch einen umgehend beigezogenen Verteidiger ihrer Wahl verteidigen zu lassen oder, wenn ihr die Mittel zur Bezahlung eines Verteidigers fehlen, unentgeltlich verteidigt zu werden, wenn dies im Inter- esse der Rechtspflege erforderlich ist; (5.18) – Niemand wird einer Straftat beschuldigt, angeklagt oder für diese verurteilt, wenn diese nicht Gegenstand eines Gesetzes ist, in dem der entsprechende Tatbestand klar und genau beschrieben ist; (5.19) – Jeder wird bis zum gesetzlichen Nachweis seiner Schuld als unschuldig angesehen; (5.20) – In Erwägung des wesentlichen Beitrags, den internationale Dokumente im Bereich der Menschenrechte zur Rechtsstaatlichkeit auf nationaler Ebene leisten, bekräftigen die Teilnehmer- staaten, daß sie den Beitritt zum Internationalen Pakt über bürgerliche und politische Rechte, zum Internationalen Pakt über wirtschaftliche, soziale und kulturelle Rechte und zu anderen einschlä- gigen internationalen Dokumenten erwägen, sofern ein solcher noch nicht erfolgt ist; (5.21) – Als Ergänzung der internen Rechtsmittel und um die Einhaltung der von den Teilneh- merstaaten eingegangenen internationalen Verpflichtungen wirksamer zu gewährleisten, wer- den sie erwägen, einer internationalen Konvention mit regionalem oder universellem Charakter über den Schutz der Menschenrechte wie der Europäischen Menschenrechtskonvention oder dem Fakultativprotokoll zum Internationalen Pakt über bürgerliche und politische Rechte beizutreten, die Verfahren der Rechtsmitteleinlegung durch einzelne vor internationalen Instanzen vorsehen.
(6) Die Teilnehmerstaaten erklären, daß der durch regelmäßige und unverfälschte Wahlen frei und gerecht zum Ausdruck gebrachte Wille des Volkes die Grundlage für die Autorität und Rechtmä- ßigkeit jeder Regierung bildet. Die Teilnehmerstaaten werden demnach das Recht ihrer Bürger achten, sich an der Führung ihres Landes entweder direkt oder durch in einem gerechten Wahl- gang frei gewählte Vertreter zu beteiligen. Sie erkennen ihre Verantwortung an, in Übereinstim- mung mit ihren Gesetzen, ihren internationalen Verpflichtungen bezüglich der Menschenrechte
61 Kopenhagen 1990
und ihren anderen internationalen Verpflichtungen die durch den Willen des Volkes frei geschaf- fene demokratische Ordnung gegen Aktivitäten von Personen, Gruppen oder Organisationen zu verteidigen und zu schützen, die sich des Terrorismus oder der Gewalt zum Sturz dieser Ordnung oder der Ordnung eines anderen Teilnehmerstaates bedienen oder auf deren Anwendung nicht verzichten wollen.
(7) Um zu gewährleisten, daß der Wille des Volkes die Grundlage für die Autorität der Regierung bildet, werden die Teilnehmerstaaten (7.1) – in angemessenen Zeitabständen freie Wahlen abhalten, wie das Gesetz es vorschreibt; (7.2) – zulassen, daß alle Vertreter in zumindest einer der Kammern des nationalen Gesetzge- bungsorgans vom Volk frei gewählt werden; (7.3) – allen erwachsenen Staatsbürgern das allgemeine und gleiche Wahlrecht zusichern; (7.4) – sicherstellen, daß die Abstimmung geheim oder in einem gleichwertigen freien Abstim- mungsverfahren durchgeführt wird, die Auszählung der Stimmen und die Weitergabe des Abstim- mungsergebnisses wahrheitsgetreu erfolgen und die offiziellen Ergebnisse bekanntgegeben werden; (7.5) – das Recht der Bürger achten, sich ohne Benachteiligung um politische oder öffentliche Ämter zu bewerben, sei es als Einzelperson oder als Vertreter politischer Parteien oder Organisationen; (7.6) – das Recht von Einzelpersonen und Gruppen achten, eigene politische Parteien oder andere politische Organisationen in voller Freiheit zu gründen und solchen politischen Parteien und Organisationen die notwendigen gesetzlichen Garantien zusichern, damit diese auf der Grund- lage der Gleichbehandlung durch das Gesetz und durch die Behörden miteinander in Wettstreit treten können; (7.7) – sicherstellen, daß Recht und öffentliche Ordnung es gestatten, daß politische Wahlkampa- gnen in einer Atmosphäre der Fairness und der Freiheit durchgeführt werden, in der weder admi- nistrative Maßnahmen noch Gewalt oder Einschüchterung die Parteien und die Kandidaten daran hindern, frei ihre Ansichten und Fähigkeiten darzulegen, oder die die Wähler daran hindern, diese zu erfahren und zu erörtern oder ihre Stimme frei von Angst vor Repressalien abzugeben; (7.8) – dafür zu sorgen, daß der Zugang zu den Medien für alle politischen Gruppen und Einzel- personen, die sich an der Wahl beteiligen wollen, ohne Diskriminierung möglich ist und nicht durch gesetzliche oder administrative Hindernisse eingeschränkt wird; (7.9) – sicherstellen, daß Kandidaten, die die gesetzlich erforderliche Anzahl von Stimmen erhal- ten haben, ihr Amt ordnungsgemäß antreten und dieses bis zum Ende ihrer Amtszeit innehaben können oder bis die Amtszeit anderweitig auf eine gesetzlich geregelte Weise in Übereinstimmung mit parlamentarisch-demokratischen und verfassungsmäßigen Verfahrensregeln beendet wird.
(8) Teilnehmerstaaten vertreten die Auffassung, daß, wenn Wahlen abgehalten werden, die Anwe- senheit von Beobachtern sowohl aus dem In- als auch aus dem Ausland für den Wahlprozeß von Vorteil ist. Aus diesem Grund werden sie Beobachter aus anderen KSZE-Teilnehmerstaaten sowie alle geeigneten privaten Institutionen und Organisationen, die dies wünschen, einladen, den Ver- lauf ihrer landesweiten Wahlen zu beobachten, soweit dies gesetzlich zulässig ist. Ebenso werden sie sich bemühen, einen gleichartigen Zugang zu Wahlen unterhalb der nationalen Ebene zu ermög- lichen. Diese Beobachter verpflichten sich, nicht in das Wahlgeschehen einzugreifen.
62 Kopenhagen 1990
II
(9) Teilnehmerstaaten bekräftigen, daß (9.1) – jeder Anspruch auf freie Meinungsäußerung einschließlich des Rechts auf Kommunika- tion hat. Dieses Recht schließt die Meinungsfreiheit und die Freiheit zum Empfang und zur Mit- teilung von Nachrichten und Ideen ohne Eingriffe öffentlicher Behörden und ohne Rücksicht auf Landesgrenzen ein. Die Ausübung dieses Rechts darf nur den Einschränkungen unterliegen, die im Gesetz vorgesehen sind und mit internationalen Standards in Einklang stehen. Es darf ins- besondere der Zugang zu und die Verwendung von Mitteln zur Reproduktion von Dokumenten jeder Art nicht eingeschränkt werden, wobei allerdings Rechte im Zusammenhang mit geistigem Eigentum einschließlich des Copyright zu beachten sind; (9.2) – jeder das Recht auf friedliche Versammlung und Demonstration hat. Die Ausübung dieser Rechte darf nur den Einschränkungen unterliegen, die im Gesetz vorgesehen sind und mit inter- nationalen Standards in Einklang stehen; (9.3) – die Vereinigungsfreiheit garantiert wird. Das Recht der Gewerkschafts gründung und vor- behaltlich des allgemeinen Rechts einer Gewerkschaft, ihre eigenen Beitrittsbedingungen festzule- gen – das Recht, einer Gewerkschaft frei beizutreten, werden gewährleistet. Diese Rechte schließen jede vorherige Kontrolle aus. Die Vereinigungsfreiheit der Arbeiter, einschließlich des Streikrechts, wird vorbehaltlich der im Gesetz vorgesehenen Einschränkungen und in Einklang mit internati- onalen Standards gewährleistet; (9.4) – jedermann Anspruch auf Gedanken-, Gewissens- und Religionsfreiheit hat; dieses Recht umfaßt die Freiheit des einzelnen zum Wechsel der Religion oder der Weltanschauung sowie die Freiheit, seine Religion oder Weltanschauung einzeln oder in Gemeinschaft mit anderen öffent- lich oder privat, durch Gottesdienst, Unterricht, durch die Ausübung und Beachtung religiöser Bräuche auszuüben. Die Ausübung dieser Rechte darf nur den Einschränkungen unterliegen, die im Gesetz vorgesehen sind und mit internationalen Standards in Einklang stehen; (9.5) – sie das Recht eines jeden auf Ausreise aus jedem Land, darunter auch seinem eigenen, und auf Rückkehr in sein Land in Einklang mit den internationalen und den KSZE-Verpflichtungen des Staates achten werden. Einschränkungen dieses Rechts tragen den Charakter äußerst seltener Ausnahmen, werden nur dann für erforderlich erachtet, wenn sie einem spezifischen öffentlichen Erfordernis entsprechen, einem legitimen Zweck dienen und verhältnismäßig sind, und werden nicht mißbräuchlich oder willkürlich angewendet; (9.6) – jedermann das Recht hat, sich einzeln oder in Gemeinschaft mit anderen ungestört seines Eigentums zu erfreuen. Niemandem darf sein Eigentum entzogen werden, es sei denn, daß das öffentliche Interesse es verlangt, und nur unter den im Gesetz vorgesehenen Bedingungen und in Einklang mit internationalen Verpflichtungen.
(10) In Bekräftigung ihrer Verpflichtung, das Recht des einzelnen, die Menschenrechte und Grund- freiheiten zu kennen und danach zu handeln, und sein Recht, einzeln oder in Gemeinschaft mit anderen aktiv zu deren Förderung und Schutz beizutragen, wirksam zu gewährleisten, verpflich- ten sich die Teilnehmerstaaten: (10.1) – das Recht eines jeden zu achten, einzeln oder in Gemeinschaft mit anderen Ansichten und Informationen über Menschenrechte und Grundfreiheiten nach Belieben zu beschaffen, entgegen- zunehmen und weiterzugeben, einschließlich des Rechts, solche Ansichten und Informationen zu verbreiten und zu veröffentlichen; (10.2) – das Recht eines jeden zu achten, einzeln oder in Gemeinschaft mit anderen die Einhal- tung von Menschenrechten und Grundfreiheiten zu überprüfen und zu erörtern und Gedanken über den besseren Schutz der Menschenrechte sowie über bessere Mittel zu entwickeln und zu
63 Kopenhagen 1990
erörtern, durch die gewährleistet werden soll, daß Übereinstimmung mit internationalen Men- schenrechtsstandards besteht; (10.3) – zu gewährleisten, daß Einzelpersonen ihr Recht auf Vereinigung ausüben dürfen, ein- schließlich des Rechts, nichtstaatliche Organisationen, die sich für die Förderung und den Schutz der Menschenrechte und Grundfreiheiten einsetzen, darunter Gewerkschaften und Menschen- rechtsgruppen, zu bilden, diesen beizutreten und in diesen aktiv mitzuwirken; (10.4) – Mitgliedern solcher Gruppen und Organisationen ungehindert Zugang zu ähnlichen Verei- nigungen im In- und Ausland und zu internationalen Organisationen zu ermöglichen und es ihnen zu gestatten, mit solchen Gruppen und Organisationen Verbindungen zu unterhalten, Austauschak- tivitäten, Kontakte und Zusammenarbeit zu pflegen, und zu dem Zweck, die Menschenrechte und Grundfreiheiten zu fördern und zu schützen, wie gesetzlich vorgesehen, freiwillige finanzielle Bei- träge aus nationaler und internationaler Quelle zu erbitten, entgegenzunehmen und zu verwenden.
(11) er bekräftigen die Teilnehmerstaaten, daß dort, wo es zu Verletzungen von Menschenrech- ten und Grundfreiheiten gekommen sein soll, unter anderem folgende wirksame Rechtsmittel zur Verfügung stehen: (11.1) – das Recht des einzelnen, angemessenen Rechtsbeistand zu suchen und zu erhalten; (11.2) – das Recht des einzelnen, zur Verteidigung der Menschenrechte und Grundfreiheiten die Hilfe anderer zu suchen und in Anspruch zu nehmen und anderen bei der Verteidigung der Men- schenrechte und Grundfreiheiten beizustehen; (11.3) – das Recht von Einzelpersonen bzw. Gruppen, die in deren Namen handeln, mit interna- tionalen Gremien Verbindung aufzunehmen, die für die Entgegennahme und die Prüfung von Informationen über angebliche Mißstände auf dem Gebiet der Menschenrechte zuständig sind.
(12) Die Teilnehmerstaaten, von dem Wunsche geleitet, eine größere Transparenz bei der Durch- führung der im Abschließenden Dokument von Wien unter der Überschrift Menschliche Dimen- sion der KSZE eingegangenen Verpflichtungen sicherzustellen, beschließen, als vertrauensbildende Maßnahme von Teilnehmerstaaten entsandte Beobachter sowie Vertreter nichtstaatlicher Orga- nisationen und andere interessierte Personen gemäß den nationalen Rechtsvorschriften und dem Völkerrecht zu Gerichtsverfahren zuzulassen; es gilt als vereinbart, daß Verhandlungen unter Aus- schluß der Öffentlichkeit nur unter den im Gesetz vorgesehenen Umständen und in Einklang mit völkerrechtlichen und anderen internationalen Verpflichtungen stattfinden dürfen.
(13) Die Teilnehmerstaaten beschließen, der Anerkennung der Rechte des Kindes, seiner bürger- lichen Rechte und seiner individuellen Freiheiten, seiner wirtschaftlichen, sozialen und kulturel- len Rechte und seiner Rechte auf besonderen Schutz gegen jede Form von Gewalt und Ausbeutung besondere Aufmerksamkeit zu schenken. Sie werden erwägen, dem Übereinkommen über die Rechte des Kindes beizutreten, das seit 26. Januar 1990 zur Unterzeichnung durch die Staaten aufliegt, sofern dieser Beitritt noch nicht erfolgt ist. Sie werden die in den für sie bindenden internationalen Vereinbarungen enthaltenen Rechte des Kindes in ihren nationalen Rechtsvorschriften anerkennen.
(14) Die Teilnehmerstaaten kommen überein, in ihren Ländern die Schaffung von Bedingungen für die Ausbildung von Schülern, Studenten und Praktikanten aus anderen Teilnehmerstaaten zu ermutigen, einschließlich von Personen, die eine berufliche und technische Ausbildung absolvie- ren. Sie kommen ferner überein, Reisen von jungen Menschen aus ihren Ländern zum Zwecke der Ausbildung in anderen Teilnehmerstaaten zu fördern und zu diesem Zweck den Abschluß von bilateralen und multilateralen Abkommen zwischen ihren entsprechenden Regierungsstellen, Organisationen und Bildungseinrichtungen zu ermutigen, wo immer dies zweckmäßig erscheint.
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(15) Die Teilnehmerstaaten werden durch entsprechendes Vorgehen die Überstellung verurteil- ter Personen erleichtern und ermutigen diejenigen Teilnehmerstaaten, die dem am 21. November 1983 in Straßburg unterzeichneten Übereinkommen über die Überstellung verurteilter Personen noch nicht beigetreten sind, dies zu tun.
(16) Die Teilnehmerstaaten (16.1) – bekräftigen ihre Verpflichtung, Folter und andere grausame, unmenschliche oder ernied- rigende Behandlung oder Strafe zu verbieten, wirksame gesetzliche, administrative, gerichtliche und sonstige Maßnahmen zu ergreifen, um solche Praktiken zu verhindern und zu bestrafen, den einzelnen vor psychiatrischen oder anderen medizinischen Praktiken, die eine Verletzung der Menschenrechte und Grundfreiheiten darstellen, zu schützen, und wirksame Maßnahmen zur Verhinderung und Bestrafung solcher Praktiken zu ergreifen; (16.2) – beabsichtigen, vordringlich den Beitritt zum Übereinkommen gegen Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe zu prüfen, sofern ein sol- cher noch nicht erfolgt ist, die Befugnisse des Ausschusses gegen die Folter in Artikel 21 und 22 des Übereinkommens anzuerkennen und Vorbehalte gegen die in Artikel 20 vorgesehenen Befug- nisse des Ausschusses zurückzuziehen; (16.3) – betonen, daß keine wie auch immer gearteten außergewöhnlichen Umstände, sei es Kriegs- zustand oder Kriegsdrohung, interne politische Instabilität oder irgendeine andere öffentliche Not- standssituation, als Rechtfertigung für Folter geltend gemacht werden dürfen; (16.4) – werden sicherstellen, daß bei der Ausbildung von zivilem oder militärischem Strafvoll- zugspersonal, von medizinischem Personal, von öffentlichen Bediensteten und anderen Personen, die unter Umständen mit der Bewachung, der Vernehmung oder der Behandlung von Personen zu tun haben, die irgendeiner Form der Festnahme, der Haft oder des Freiheitsentzugs unterwor- fen sind, das Verbot der Folter vollständig behandelt wird; (16.5) – werden die für Verhöre geltenden Regeln, Anweisungen, Methoden und Praktiken sowie die Vorkehrungen für die Bewachung und Behandlung von Personen, die auf ihrem Territorium irgendeiner Form der Festnahme, der Haft oder des Freiheitsentzugs unterworfen sind, einer regel- mäßigen Überprüfung unterziehen, um jeden Fall von Folterung zu verhüten; (16.6) – werden zwecks Prüfung geeigneter Schritte gemäß den vereinbarten Maßnahmen und Ver- fahren für die wirksame Durchführung der Verpflichtungen betreffend die menschliche Dimension der KSZE mit Priorität jeden Fall der Folterung und anderer unmenschlicher oder erniedrigender Behandlung oder Strafe aufgreifen, der ihnen auf offiziellem Wege oder aus irgendeiner anderen verläßlichen Informationsquelle zur Kenntnis gebracht wird; (16.7) – werden davon ausgehen, daß die Bewahrung und Gewährleistung des Lebens und der Sicherheit jedes Menschen, der irgendeiner Form der Folter oder einer anderen unmenschlichen oder erniedrigenden Behandlung oder Strafe unterworfen ist, der einzige Maßstab sein werden, nach dem die Dringlichkeit und die Prioritäten bei der Ergreifung geeigneter Abhilfemaßnahmen beurteilt werden; daher kann die Prüfung irgendeines Falles der Folterung und anderer unmensch- licher oder erniedrigender Behandlung oder Strafe im Rahmen irgendeines anderen internatio- nalen Gremiums oder Mechanismus nicht als Begründung dafür geltend gemacht werden, daß die Prüfung und geeignete Schritte gemäß den vereinbarten Maßnahmen und Verfahren für die wirksame Durchführung der Verpflichtungen bezüglich der menschlichen Dimension der KSZE unterlassen werden.
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(17) Die Teilnehmerstaaten (17.1) – erinnern an die im Abschließenden Dokument von Wien eingegangene Verpflichtung, die Frage der Todesstrafe weiterzuverfolgen und in einschlägigen internationalen Organisatio- nen zusammenzuarbeiten; (17.2) – verweisen in diesem Zusammenhang auf das durch die Generalversammlung der Verein- ten Nationen am 15. Dezember 1989 angenommene Zweite Fakultativprotokoll zum Internationa- len Pakt über bürgerliche und politische Rechte zur Abschaffung der Todesstrafe; (17.3) – nehmen Kenntnis von den Einschränkungen und Schutzmaßnahmen betreffend die Anwen- dung der Todesstrafe, die von der Staatengemeinschaft insbesondere in Artikel 6 des Internatio- nalen Paktes über bürgerliche und politische Rechte angenommen wurden; (17.4) – nehmen Kenntnis von den Bestimmungen in Protokoll Nr.6 zur Europäischen Konven- tion zum Schutze der Menschenrechte und Grundfreiheiten über die Abschaffung der Todesstrafe; (17.5) – nehmen Kenntnis von den jüngsten Maßnahmen, die eine Reihe von Teilnehmerstaaten im Hinblick auf die Abschaffung der Todesstrafe getroffen haben; (17.6) – nehmen Kenntnis von den Aktivitäten verschiedener nichtstaatlicher Organisationen zur Frage der Todesstrafe; (17.7) – werden im Rahmen der Konferenz über die Menschliche Dimension Informationen über die Abschaffung der Todesstrafe austauschen und die Frage weiterverfolgen; (17.8) – werden der Öffentlichkeit Informationen über die Anwendung der Todesstrafe zur Ver- fügung stellen.
(18) Die Teilnehmerstaaten (18.1) – stellen fest, daß die Menschenrechtskommission der Vereinten Nationen das Recht jedes einzelnen auf Wehrdienstverweigerung aus Gewissensgründen anerkannt hat; (18.2) – nehmen Kenntnis von den jüngsten Maßnahmen, die in einer Reihe von Teilnehmerstaa- ten die Freistellung von der Wehrpflicht aus Gewissensgründen erlauben; (18.3) – nehmen Kenntnis von den Aktivitäten verschiedener nichtstaatlicher Organisationen hin- sichtlich der Wehrdienstverweigerung aus Gewissensgründen; (18.4) – sind bereit, wo dies noch nicht geschehen ist, die Einführung verschiedener Formen des Ersatzdienstes zu erwägen, die mit den für die Wehrdienstverweigerung geltend gemachten Gewis- sensgründen vereinbar sind, wobei diese Arten des Ersatzdienstes grundsätzlich nicht-kriegsdienst- licher bzw. ziviler Natur sind, im Interesse der Öffentlichkeit stehen und keinen Strafcharakter haben; (18.5) – werden der Öffentlichkeit Informationen zu dieser Frage zur Verfügung stellen; (18.6) – werden im Rahmen der Konferenz über die Menschliche Dimension die einschlägigen Fra- gen betreffend die Freistellung von Einzelpersonen von der Wehrpflicht, wo eine solche besteht, auf der Grundlage der Verweigerung des Dienstes mit der Waffe aus Gewissensgründen weiter- verfolgen und Informationen zu diesen Fragen austauschen.
(19) Teilnehmerstaaten stellen fest, daß eine größere Freizügigkeit und freiere Kontakte zwischen ihren Bürgern im Hinblick auf den Schutz und die Förderung der Menschenrechte und Grundfrei- heiten wichtig sind. Sie werden gewährleisten, daß ihre Politik betreffend die Einreise in ihre Terri- torien mit den in den einschlägigen Bestimmungen der Schlußakte, des Abschließenden Dokuments von Madrid und des Abschließenden Dokuments von Wien festgelegten Zielen voll übereinstimmt. Sie bekräftigen ihre Entschlossenheit, nicht hinter den in den KSZE-Dokumenten enthaltenen Ver- pflichtungen zurückzubleiben, und verpflichten sich, die bestehenden Verpflichtungen im Bereich
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der menschlichen Kontakte unter anderem auch auf bilateraler und multilateraler Ebene vollstän- dig durchzuführen und weiterzuentwickeln. In diesem Zusammenhang werden sie (19.1) – danach trachten, die Verfahren für die Einreise in ihre Territorien einschließlich der Aus- stellung von Visa und der Paß- und Zollkontrolle nach Treu und Glauben und ohne unange- messene Verzögerungen durchzuführen. Wo dies erforderlich ist, werden sie die Wartezeit für Visabescheide verkürzen und ihre Praxis betreffend Visaanträge vereinfachen sowie die diesbe- züglichen Verwaltungserfordernisse reduzieren; (19.2) – bei der Behandlung von Visaanträgen gewährleisten, daß diese so rasch wie möglich bear- beitet werden, um unter anderem wichtige familiäre, persönliche oder berufliche Erwägungen gebührend zu berücksichtigen, vor allem in dringenden humanitären Fällen; (19.3) – sich bemühen, wo dies erforderlich ist, die Gebühren im Zusammenhang mit Visaanträ- gen auf das niedrigstmögliche Niveau herabzusetzen.
(20) Die betreffenden Teilnehmerstaaten werden sich bei der Regelung von Problemen, die sich als Folge des verstärkten Personenverkehrs ergeben könnten, beraten und dabei, wo zweckmäßig, zusammenarbeiten. (…)
(22) Die Teilnehmerstaaten bekräftigen, daß dem Schutz und der Förderung der Rechte der Wan- derarbeiter eine menschliche Dimension zukommt. In diesem Zusammenhang (22.1) – stimmen sie darin überein, daß der Schutz und die Förderung der Rechte von Wanderar- beitern ein Anliegen aller Teilnehmerstaaten sind und daß dies daher im Rahmen des KSZE-Pro- zesses angesprochen werden sollte; (22.2) – bekräftigen sie ihre Verpflichtung, die in den für sie bindenden internationalen Verein- barungen enthaltenen Rechte der Wanderarbeiter in vollem Umfang in die nationalen Rechtsvor- schriften zu übernehmen; (22.3) – sind sie der Ansicht, daß sie in zukünftigen internationalen Dokumenten über die Rechte von Wanderarbeitern die Tatsache berücksichtigen sollten, daß die Frage für sie alle von Bedeutung ist; (22.4) – erklären sie ihre Bereitschaft, bei künftigen KSZE-Treffen die entsprechenden Aspekte der weitergehenden Förderung der Rechte der Wanderarbeiter und ihrer Familien zu prüfen.
(23) Teilnehmerstaaten bekräftigen ihre im Abschließenden Dokument von Wien zum Ausdruck gebrachte Überzeugung, daß die Förderung der wirtschaftlichen, sozialen und kulturellen Rechte ebenso wie der bürgerlichen und politischen Rechte für die Menschenwürde und die Verwirkli- chung der legitimen Bestrebungen jedes einzelnen von überragender Bedeutung ist. Sie bekräftigen darüberhinaus ihre im Dokument der Bonner Konferenz über wirtschaftliche Zusammenarbeit in Europa eingegangene Verpflichtung betreffend die Förderung der sozialen Gerechtigkeit und der Verbesserung der Lebens- und Arbeitsbedingungen. Bei der Fortsetzung ihrer Bemühungen im Hinblick auf die schrittweise Erreichung der vollständigen Verwirklichung der wirtschaftlichen, sozialen und kulturellen Rechte mit allen geeigneten Mitteln werden sie Problemen in den Berei- chen Beschäftigung, Wohnungswesen, soziale Sicherheit, Gesundheit, Bildung und Kultur beson- dere Aufmerksamkeit widmen.
(24) Teilnehmerstaaten werden gewährleisten, daß die Ausübung aller oben genannten Menschen- rechte und Grundfreiheiten nur den Einschränkungen unterliegen darf, die im Gesetz vorgese- hen sind und mit ihren völkerrechtlichen Verpflichtungen, insbesondere dem Internationalen Pakt über bürgerliche und politische Rechte, und mit ihren anderen internationalen Verpflich- tungen, insbesondere der Allgemeinen Erklärung der Menschenrechte, in Einklang stehen. Diese
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Einschränkungen tragen den Charakter von Ausnahmen. Die Teilnehmerstaaten werden dafür sorgen, daß diese Einschränkungen nicht mißbräuchlich und willkürlich angewendet werden, sondern in einer Form, die die wirksame Ausübung dieser Rechte wahrt. In einer demokratischen Gesellschaft muß jede Einschränkung von Rechten und Freiheiten einem in den anzuwendenden Rechtsvorschriften genannten Zweck entsprechen und streng verhältnismäßig sein.
(25) Teilnehmerstaaten bestätigen, daß jede Außerkraftsetzung von Verpflichtungen betreffend Menschenrechte und Grundfreiheiten während eines öffentlichen Notstandes streng im Rah- men der vom Völkerrecht, vor allem in den einschlägigen internationalen Dokumenten, an die sie gebunden sind, vorgesehenen Grenzen bleiben muß, insbesondere im Hinblick auf Rechte, die nicht außer Kraft gesetzt werden können.
Sie bekräftigen ferner, daß (25.1) – Maßnahmen, die solche Verpflichtungen außer Kraft setzen, in voller Übereinstimmung mit den in diesen Dokumenten festgelegten Verfahren getroffen werden müssen; (25.2) – die Verhängung eines öffentlichen Notstandes amtlich und öffentlich und in Übereinstim- mung mit den vom Gesetz festgelegten Bestimmungen verkündet werden muß; (25.3) – Maßnahmen, die Verpflichtungen außer Kraft setzen, auf den Umfang zu beschränken sind, den die Lage unbedingt erfordert; (25.4) – solche Maßnahmen eine Diskriminierung allein aufgrund der Rasse, der Hautfarbe, des Geschlechts, der Sprache, der Religion, der sozialen Herkunft oder der Zugehörigkeit zu einer Minderheit ausschließen werden.
III
(26) Die Teilnehmerstaaten erkennen an, daß eine lebendige Demokratie von der Existenz demo- kratischer Werte und Praktiken sowie von einer umfassenden Vielfalt demokratischer Institutionen als integralem Bestandteil des gesellschaftlichen Lebens abhängt. Sie werden daher gemeinsame praktische Bemühungen und den Austausch von Informationen, Ideen und Fachwissen unterein- ander und durch direkte Kontakte und Zusammenarbeit zwischen Einzelpersonen, Gruppen und Organisationen in folgenden Bereichen ermutigen, erleichtern und, wo angemessen, unterstützen: • Verfassungsrecht, -reform und -entwicklung, • Wahlgesetzgebung, -durchführung und -beobachtung, • Aufbau und Verwaltung von Gerichten und Rechtssystemen, • Aufbau eines unparteiischen und tüchtigen öffentlichen Dienstes, in dem Einstellung und Beför- derung nach dem Leistungsprinzip erfolgen, • Gesetzesvollzug, • Kommunalverwaltung und Dezentralisierung, • Zugang zu Informationen und Schutz der Privatsphäre, • Aufbau politischer Parteien und deren Rolle in pluralistischen Gesellschaften, • freie und unabhängige Gewerkschaften, • Genossenschaftsbewegungen, • Aufbau anderer freier Vereinigungen und Interessenvertretungen, • Journalismus, unabhängige Medien, geistiges und kulturelles Leben,
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• Lehre demokratischer Werte, Institutionen und Praktiken in Bildungseinrichtungen und För- derung einer Atmosphäre, in der sich der Wissensdrang frei entfalten kann.
Solche Bemühungen können sich auf die gesamte Bandbreite der Zusammenarbeit im Rahmen der menschlichen Dimension der KSZE erstrecken, etwa auf Ausbildung, Austausch von Informatio- nen, Büchern und Lehr- und Lernmittel, gemeinschaftliche Programme und Projekte, akademische und berufliche Kontakte und Konferenzen, Stipendien, Forschungszuschüsse, Bereitstellung von Fachwissen und Beratung sowie geschäftliche und wissenschaftliche Kontakte und Programme.
(27) Die Teilnehmerstaaten werden ebenso die Einrichtung und Festigung unabhängiger nationa- ler Institutionen für Menschenrechte und Rechtsstaatlichkeit erleichtern, die auch als Foren der Koordination und der Zusammenarbeit zwischen derartigen Institutionen in den Teilnehmerstaa- ten dienen können. Sie schlagen vor, daß die Zusammenarbeit zwischen Parlamentariern aus den Teilnehmerstaaten, etwa über bestehende interparlamentarische Vereinigungen, und unter ande- rem über gemeinsame Kommissionen, Fernsehdiskussionen unter Teilnahme von Parlamentariern, Treffen und Diskussionen am Runden Tisch gefördert wird. Sie werden darüberhinaus bestehende Institutionen wie Organisationen der Vereinten Nationen oder den Europarat ermutigen, die von ihnen in diesem Bereich begonnene Arbeit fortzuführen und zu erweitern.
(28) Die Teilnehmerstaaten erkennen das umfangreiche Fachwissen des Europarates im Bereich der Menschenrechte und Grundfreiheiten an und sind bereit, weitere Mittel und Wege zu erwä- gen, die den Europarat in die Lage versetzen, einen Beitrag zur menschlichen Dimension der KSZE zu leisten. Sie stimmen darin überein, daß die Art dieses Beitrages auf einem zukünftigen KSZE- Forum weiter geprüft werden könnte. (…)
IV
(30) Die Teilnehmerstaaten erkennen an, daß die Fragen der nationalen Minderheiten nur in einem demokratischen politischen Rahmen, der auf Rechtsstaatlichkeit beruht, und bei einem funktio- nierenden unabhängigen Gerichtswesen zufriedenstellend gelöst werden können. Dieser Rahmen gewährleistet die volle Achtung der Menschenrechte und Grundfreiheiten, die Gleichberechtigung und Gleichstellung aller Bürger, den freien Ausdruck all ihrer legitimen Interessen und Bestre- bungen, den politischen Pluralismus, soziale Toleranz und die Verwirklichung der gesetzlichen Regeln, die wirksame Mittel gegen den Mißbrauch der Regierungsgewalt bieten.
Sie erkennen ebenso die bedeutende Rolle nichtstaatlicher Organisationen an, und zwar ein- schließlich politischer Parteien, Gewerkschaften, Menschenrechtsorganisationen und religiöser Gruppen, bei der Förderung von Toleranz, kultureller Vielfalt und der Lösung von Fragen betref- fend nationale Minderheiten.
Sie bekräftigen ferner, daß die Achtung der Rechte von Angehörigen nationaler Minderheiten als Teil der international anerkannten Menschenrechte ein wesentlicher Faktor für Friede, Gerech- tigkeit, Stabilität und Demokratie in den Teilnehmerstaaten ist.
(31) Angehörige nationaler Minderheiten haben das Recht, ihre Menschenrechte und Grundfrei- heiten ohne jegliche Diskriminierung und in voller Gleichheit vor dem Gesetz voll und wirksam auszuüben.
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Die Teilnehmerstaaten werden, wo dies erforderlich ist, besondere Maßnahmen ergreifen, um die volle Gleichheit von Angehörigen nationaler Minderheiten mit anderen Bürgern bei der Ausübung und dem Genuß der Menschrechte und Grundfreiheiten zu gewährleisten.
(32) Die Zugehörigkeit zu einer nationalen Minderheit ist Angelegenheit der persönlichen Entschei- dung eines Menschen, und darf als solche für ihn keinen Nachteil mit sich bringen. Sie werden sich dafür einsetzen, dass Angehörige nationaler Minderheiten das Recht haben, ihre ethnische, kulturelle, sprachliche oder religiöse Identität frei zum Ausdruck zu bringen, zu bewahren und weiterzuentwickeln, und ihre Kultur in all ihren Aspekten zu erhalten und zu entwickeln, frei von jeglichen Versuchen, gegen ihren Willen assimiliert zu werden. Insbesondere haben sie das Recht (32.1) – sich ihrer Muttersprache sowohl privat als auch in der Öffentlichkeit frei zu bedienen; (32.2) – ihre eigenen Bildungs-, Kultur- und Religionseinrichtungen, -organisationen oder -ver- einigungen zu gründen und zu unterhalten, die um freiwillige Beiträge finanzieller oder anderer Art sowie öffentliche Unterstützung in Einklang mit den nationalen Rechtsvorschriften ersuchen können; (32.3) – sich zu ihrer Religion zu bekennen und diese auszuüben, einschließlich des Erwerbs und Besitzes sowie der Verwendung religiösen Materials, und den Religionsunterricht in ihrer Mut- tersprache abzuhalten; (32.4) – untereinander ungehinderte Kontakte innerhalb ihres Landes sowie Kontakte über die Grenzen hinweg mit Bürgern anderer Staaten herzustellen und zu pflegen, mit denen sie eine gemeinsame ethnische oder nationale Herkunft, ein gemeinsames kulturelles Erbe oder ein reli- giöses Bekenntnis teilen; (32.5) – in ihrer Muttersprache Informationen zu verbreiten und auszutauschen und zu solchen Informationen Zugang zu haben; (32.6) – Organisationen oder Vereinigungen in ihrem Land einzurichten und zu unterhalten und in internationalen nichtstaatlichen Organisationen mitzuarbeiten.
Angehörige nationaler Minderheiten können ihre Rechte einzeln oder in Gemeinschaft mit ande- ren Mitgliedern ihrer Gruppe ausüben und genießen. Aus der Ausübung oder Nichtausübung eines dieser Rechte darf kein Nachteil für Angehörige einer nationalen Minderheit erwachsen.
(33) Die Teilnehmerstaaten werden die ethnische, kulturelle, sprachliche und religiöse Identität nationaler Minderheiten auf ihrem Territorium schützen und Bedingungen für die Förderung dieser Identität schaffen. Sie werden diesbezüglich die notwendigen Maßnahmen ergreifen, und zwar nach entsprechenden Konsultationen in Einklang mit den Entscheidungsverfahren des jewei- ligen Staates, wobei diese Konsultationen Kontakte mit Organisationen oder Vereinigungen sol- cher Minderheiten einschließen.
Jede dieser Maßnahmen wird mit den Prinzipien der Gleichheit und Nicht-Diskriminierung in bezug auf die anderen Bürger des betreffenden Teilnehmerstaates in Einklang stehen.
(34) Die Teilnehmerstaaten werden sich darum bemühen, Angehörigen nationaler Minderheiten, ungeachtet der Notwendigkeit, die offizielle Sprache oder die offiziellen Sprachen des betreffen- den Staates zu erlernen, in Einklang mit den anwendbaren nationalen Rechtsvorschriften entspre- chende Möglichkeiten für den Unterricht ihrer Muttersprache oder in ihrer Muttersprache sowie, wo immer dies möglich und notwendig ist, für deren Gebrauch bei Behörden zu gewährleisten.
Im Zusammenhang mit dem Unterricht von Geschichte und Kultur in Bildungseinrichtungen wer- den sie auch die Geschichte und Kultur der nationalen Minderheiten berücksichtigen.
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(35) Die Teilnehmerstaaten werden das Recht von Angehörigen nationaler Minderheiten achten, wirksam an öffentlichen Angelegenheiten teilzunehmen, einschließlich der Mitwirkung in Ange- legenheiten betreffend den Schutz und die Förderung der Identität solcher Minderheiten.
Die Teilnehmerstaaten nehmen die Bemühungen zur Kenntnis, die ethnische, kulturelle, sprach- liche und religiöse Identität bestimmter nationaler Minderheiten zu schützen und Bedingungen für ihre Förderung zu schaffen, indem sie als eine der Möglichkeiten zur Erreichung dieser Ziele geeignete lokale oder autonome Verwaltungen einrichten, die den spezifischen historischen und territorialen Gegebenheiten dieser Minderheiten Rechnung tragen und in Einklang mit der Poli- tik des betreffenden Staates stehen.
(36) Die Teilnehmerstaaten erkennen die besondere Bedeutung einer verstärkten konstruktiven Zusammenarbeit untereinander bei Fragen betreffend nationale Minderheiten an. Eine solche Zusammenarbeit soll das gegenseitige Verständnis und Vertrauen, die freundschaftlichen und gutnachbarlichen Beziehungen, den internationalen Frieden, die internationale Sicherheit und Gerechtigkeit fördern.
Jeder Teilnehmerstaat wird ein Klima der gegenseitigen Achtung, des Verständnisses, der Zusam- menarbeit und Solidarität zwischen allen Bewohnern seines Territoriums fördern, ohne Unterschied der ethnischen oder nationalen Abstammung oder der Religion, und die Lösung von Problemen durch einen auf den Prinzipien der Rechtsstaatlichkeit beruhenden Dialog ermutigen.
(37) Keine dieser Verpflichtungen darf so ausgelegt werden, daß sie das Recht begründet, eine Tätig- keit auszuüben oder eine Handlung zu begehen, die in Widerspruch zu den Zielen und Prinzipien der Charta der Vereinten Nationen, anderen völkerrechtlichen Verpflichtungen oder den Bestim- mungen der Schlußakte einschließlich des Prinzips der territorialen Integrität der Staaten steht.
(38) Die Teilnehmerstaaten werden bei ihren Bemühungen, die Rechte von Angehörigen nationaler Minderheiten zu schützen und zu fördern, ihre in den bestehenden Menschenrechtskonventionen und anderen einschlägigen internationalen Dokumenten eingegangenen Verpflichtungen voll ach- ten und den Beitritt zu den einschlägigen Konventionen in Betracht ziehen, einschließlich jener, die ein Beschwerderecht von Einzelpersonen vorsehen, sofern ein solcher Beitritt noch nicht erfolgt ist.
(39) Die Teilnehmerstaaten werden in den zuständigen internationalen Organisationen, denen sie angehören, einschließlich der Vereinten Nationen und, wo dies zweckmäßig erscheint, des Euro- parats, eng zusammenarbeiten und dabei deren laufende Arbeiten zu Fragen betreffend nationale Minderheiten berücksichtigen.
Sie werden die Einberufung eines Expertentreffens in Betracht ziehen, auf dem die Frage der natio nalen Minderheiten ausführlich erörtert werden soll.
(40) Die Teilnehmerstaaten verurteilen klar und unmißverständlich Totalitarismus, Rassenhaß und Haß zwischen Volksgruppen, Antisemitismus, Fremdenhaß und Diskriminierung irgendei- nes Menschen sowie die Verfolgung aus religiösen und ideologischen Gründen. In diesem Zusam- menhang erkennen sie ebenfalls die besonderen Probleme der Roma (Zigeuner) an.
Sie erklären ihre feste Absicht, die Bemühungen zur Bekämpfung dieser Phänomene in all ihren Formen zu intensivieren und werden daher (40.1) – wirksame Maßnahmen ergreifen, einschließlich der Annahme von mit ihrer Verfassungs- ordnung und ihren internationalen Verpflichtungen in Einklang stehenden erforderlichen Geset- zen, um vor jeder Handlung zu schützen, die zu Gewalt gegen Personen oder Gruppen aufgrund
71 Kopenhagen 1990
nationaler, rassischer, ethnischer oder religiöser Diskriminierung, zu Feindseligkeit oder Haß ein- schließlich Antisemitismus aufhetzt; (40.2) – sich dazu verpflichten, geeignete und verhältnismäßige Maßnahmen für den Schutz von Personen oder Gruppen, die Androhungen oder Handlungen von Diskriminierung, Feindselig- keit oder Gewalt aufgrund ihrer rassischen, ethnischen, kulturellen, sprachlichen oder religiösen Identität ausgesetzt sein könnten, und zum Schutz von deren Eigentum zu ergreifen; (40.3) – auf nationaler, regionaler und lokaler Ebene wirksame Maßnahmen in Einklang mit ihrer Verfassungsordnung treffen, um Verständigung und Toleranz insbesondere in Erziehung, Kultur und Information zu fördern; (40.4) – nach Kräften gewährleisten, daß bei den Erziehungszielen dem Problem des Rassenvorur- teils und des Rassenhasses und der Förderung der Achtung vor anderen Zivilisationen und Kul- turen eine besondere Aufmerksamkeit zukommt; (40.5) – das Recht des einzelnen auf wirksame Rechtsmittel anerkennen und sich in Einklang mit den nationalen Rechtsvorschriften bemühen, das Recht betroffener Personen und Gruppen anzu- erkennen, Beschwerden wegen diskriminierender Handlungen einschließlich Handlungen aus Rassen- und Fremdenhaß einzulegen und zu unterstützen; (40.6) – den Beitritt zu internationalen Dokumenten, die sich mit dem Problem der Diskiminierung befassen, in Betracht ziehen, sofern ein solcher noch nicht erfolgt ist, und die volle Übereinstim- mung mit den darin enthaltenen Verpflichtungen gewährleisten, einschließlich jener, regelmäßig Bericht zu erstatten; (40.7) – ferner erwägen, jene internationalen Mechanismen anzuerkennen, die es Staaten und Einzel- personen ermöglichen, internationale Gremien mit Mitteilungen über Diskriminierung zu befassen.
V
(41) Teilnehmerstaaten bekräftigen ihr Bekenntnis zur menschlichen Dimension der KSZE und betonen deren Bedeutung als integraler Bestandteil eines ausgewogenen Herangehens an die Sicherheit und Zusammenarbeit in Europa. Sie stimmen darin überein, daß die Konferenz über die Menschliche Dimension der KSZE und der im Kapitel über die menschliche Dimension der KZSE des Abschließenden Dokuments von Wien beschriebene Mechanismus der menschlichen Dimension ihren Wert als Mittel zur Förderung ihres Dialogs und ihrer Zusammenarbeit und zur Unterstützung bei der Lösung der entsprechenden konkreten Fragen bewiesen haben. Sie bringen ihre Überzeugung zum Ausdruck, daß diese als Teil eines sich erweiternden KSZE-Prozesses fort- geführt und ausgebaut werden sollten.
(42) Teilnehmerstaaten erkennen die Notwendigkeit an, die Wirksamkeit der in den Absätzen 1 bis 4 des Kapitels über die menschliche Dimension der KSZE im Abschließenden Dokument von Wien beschriebenen Verfahren weiter zu erhöhen und beschließen zu diesem Zweck (42.1) – Informationsersuchen und schriftlich eingebrachte Vorstellungen, die von anderen Teil- nehmerstaaten gemäß Absatz 1 an sie herangetragen werden, so rasch wie möglich, jedoch spä- testens binnen vier Wochen, in schriftlicher Form zu beantworten; (42.2) – daß die bilateralen Treffen gemäß Absatz 2 so schnell wie möglich, in der Regel innerhalb von drei Wochen ab dem Tag des Ersuchens, durchgeführt werden; (42.3) – bei einem bilateralen Treffen gemäß Absatz 2 auf die Behandlung von Situationen und Fällen zu verzichten, die mit dem Thema des Treffens nicht in Zusammenhang stehen, es sei denn, beide Seiten stimmen zu.
72 Kopenhagen 1990
(43) Die Teilnehmerstaaten prüften praktische Vorschläge für neue Maßnahmen, die auf eine bes- sere Durchführung der Verpflichtungen betreffend die menschliche Dimension der KSZE abzielen. In diesem Zusammenhang erörterten sie Vorschläge im Hinblick auf die Entsendung von Beob- achtern zur Untersuchung von Situationen und konkreten Fällen, die Bestellung von Berichter- stattern, die ermitteln und geeignete Lösungen vorschlagen sollen, die Einsetzung eines Komitees über die Menschliche Dimension der KSZE, die stärkere Einbeziehung von Personen, Organisa- tionen und Institutionen in den Mechanismus der menschlichen Dimension sowie weitere bilate- rale und multilaterale Bemühungen zur Förderung der Lösung einschlägiger Fragen.
Sie beschließen, diese und andere Vorschläge, die den Mechanismus der menschlichen Dimen- sion stärken sollen, in späteren einschlägigen KSZE-Foren eingehend weiter zu erörtern und zu erwägen, im Zuge der weiteren Entwicklung des KSZE-Prozesses geeignete neue Maßnahmen anzunehmen. Sie stimmen darin überein, daß diese Maßnahmen dazu beitragen sollten, weitere spürbare Fortschritte zu erzielen und Konfliktverhütung und Vertrauen im Bereich der mensch- lichen Dimension der KSZE zu fördern. (…)
73 Charta von Paris für ein neues Europa Paris 1990
(…)
Ein neues Zeitalter der Demokratie, des Friedens und der Einheit
Wir, die Staats- und Regierungschefs der Teilnehmerstaaten der Konferenz über Sicherheit und Zusammenarbeit in Europa, sind in einer Zeit tiefgreifenden Wandels und historischer Erwar- tungen in Paris zusammengetreten. Das Zeitalter der Konfrontation und der Teilung Europas ist zu Ende gegangen. Wir erklären, daß sich unsere Beziehungen künftig auf Achtung und Zusam- menarbeit gründen werden.
Europa befreit sich vom Erbe der Vergangenheit. Durch den Mut von Männern und Frauen, die Willensstärke der Völker und die Kraft der Ideen der Schlußakte von Helsinki bricht in Europa ein neues Zeitalter der Demokratie, des Friedens und der Einheit an.
Nun ist die Zeit gekommen, in der sich die jahrzehntelang gehegten Hoffnungen und Erwartun- gen unserer Völker erfüllen: unerschütterliches Bekenntnis zu einer auf Menschenrechten und Grundfreiheiten beruhenden Demokratie, Wohlstand durch wirtschaftliche Freiheit und soziale Gerechtigkeit und gleiche Sicherheit für alle unsere Länder.
Die zehn Prinzipien der Schlußakte werden uns in diese im Zeichen hoher Aufgaben stehende Zukunft leiten, so wie sie uns in den vergangenen fünfzehn Jahren den Weg zu besseren Bezie- hungen gewiesen haben. Die volle Verwirklichung aller KSZE-Verpflichtungen muß die Grundlage für die Initiativen bilden, die wir nun ergreifen, um unseren Nationen ein Leben zu ermöglichen, das ihren Wünschen gerecht wird.
Menschenrechte, Demokratie und Rechtsstaatlichkeit
Wir verpflichten uns, die Demokratie als die einzige Regierungsform unserer Nationen aufzubauen, zu festigen und zu stärken. In diesem Bestreben werden wir an folgendem festhalten:
Menschenrechte und Grundfreiheiten sind allen Menschen von Geburt an eigen; sie sind unveräu- ßerlich und werden durch das Recht gewährleistet. Sie zu schützen und zu fördern ist vornehmste Pflicht jeder Regierung. Ihre Achtung ist wesentlicher Schutz gegen staatliche Übermacht. Ihre Einhaltung und uneingeschränkte Ausübung bilden die Grundlage für Freiheit, Gerechtigkeit und Frieden.
Demokratische Regierung gründet sich auf den Volkswillen, der seinen Ausdruck in regelmäßigen, freien und gerechten Wahlen findet. Demokratie beruht auf Achtung vor der menschlichen Person und Rechtsstaatlichkeit. Demokratie ist der beste Schutz für freie Meinungsäußerung, Toleranz gegenüber allen gesellschaftlichen Gruppen und Chancengleichheit für alle.
74 Paris 1990
Die Demokratie, ihrem Wesen nach repräsentativ und pluralistisch, erfordert Verantwortlichkeit gegenüber der Wählerschaft, Bindung der staatlichen Gewalt an das Recht sowie eine unparteii- sche Rechtspflege. Niemand steht über dem Gesetz.
Wir bekräftigen, • jeder einzelne hat ohne Unterschied das Recht auf: Gedanken-, Gewissens- und Religions- oder Glaubensfreiheit, freie Meinungsäußerung, Vereinigung und friedliche Versammlung, Freizü- gigkeit; niemand darf: – willkürlich festgenommen oder in Haft gehalten werden, der Folter oder anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe unterworfen werden; • jeder hat auch das Recht: – seine Rechte zu kennen und auszuüben, – an freien und gerechten Wahlen teilzunehmen, – auf ein gerechtes und öffentliches Verfahren, wenn er einer strafbaren Handlung beschul- digt wird, – allein oder in Gemeinschaft mit anderen Eigentum innezuhaben und selbständig Unterneh- men zu betreiben, – seine wirtschaftlichen, sozialen und kulturellen Rechte auszuüben.
Wir bekräftigen, daß die ethnische, kulturelle, sprachliche und religiöse Identität nationaler Min- derheiten Schutz genießen muß und daß Angehörige nationaler Minderheiten das Recht haben, diese Identität ohne jegliche Diskriminierung und in voller Gleichheit vor dem Gesetz frei zum Ausdruck zu bringen, zu wahren und weiterzuentwickeln.
Wir werden gewährleisten, daß dem einzelnen wirksame innerstaatliche wie völkerrechtliche Rechtsmittel gegen jede Verletzung seiner Rechte zur Verfügung stehen.
Die uneingeschränkte Achtung dieser Gebote ist das Fundament, auf dem wir das neue Europa aufbauen wollen.
Unsere Staaten werden zusammenarbeiten und einander unterstützen, um zu gewährleisten, daß die Entwicklung der Demokratie nicht mehr rückgängig gemacht werden kann.
Wirtschaftliche Freiheit und Verantwortung
Wirtschaftliche Freiheit, soziale Gerechtigkeit und Verantwortung für die Umwelt sind unerläß- liche Voraussetzungen des Wohlstands.
Der in der Demokratie zum Ausdruck gebrachte und durch den Rechtsstaat gewährleistete freie Wille des einzelnen bildet die notwendige Grundlage für eine erfolgreiche Wirtschafts- und Sozi- alentwicklung. Wir wollen eine die Würde des Menschen achtende und schützende Wirtschafts- tätigkeit fördern.
Freiheit und politischer Pluralismus sind notwendige Elemente unserer gemeinsamen Bemühungen um die Entwicklung von Marktwirtschaften hin zu dauerhaftem Wirtschaftswachstum, Wohlstand, sozialer Gerechtigkeit, wachsender Beschäftigung und rationeller Nutzung der wirtschaftlichen Ressourcen. Der Erfolg von Ländern, die den Übergang zur Marktwirtschaft anstreben, ist wichtig
75 Paris 1990
und liegt in unser aller Interesse. Er wird uns allen Teilhabe an erhöhtem Wohlstand ermöglichen. Zur Erreichung dieses uns gemeinsamen Ziels wollen wir zusammenarbeiten.
Der Schutz der Umwelt liegt in der gemeinsamen Verantwortung aller unserer Nationen. Bei der Unterstützung nationaler und regionaler Bemühungen in diesem Bereich dürfen wir auch das dringende Erfordernis gemeinsamen Handelns in einem umfassenderen Rahmen nicht aus den Augen verlieren.
Freundschaftliche Beziehungen zwischen den Teilnehmerstaaten (…)
Zur Wahrung und Förderung von Demokratie, Frieden und Einheit in Europa bekennen wir uns feierlich und uneingeschränkt zu den zehn Prinzipien der Schlußakte von Helsinki. Wir erklären, daß die zehn Prinzipien unverändert gültig sein sollen und daß wir entschlossen sind, sie in die Praxis umzusetzen. Alle Prinzipien werden gleichermaßen und vorbehaltlos angewendet, wobei ein jedes von ihnen unter Beachtung der anderen ausgelegt wird. Sie bilden die Grundlage unse- rer Beziehungen. (…)
Unsere Beziehungen sollen auf unserem gemeinsamen Bekenntnis zu demokratischen Werten sowie zu den Menschenrechten und Grundfreiheiten beruhen. Wir sind überzeugt, daß für die Festi- gung von Frieden und Sicherheit zwischen unseren Staaten die Förderung der Demokratie sowie die Achtung und wirksame Ausübung der Menschenrechte unverzichtbar sind. Wir bekräftigen die Gleichberechtigung der Völker und ihr Selbstbestimmungsrecht in Übereinstimmung mit der Charta der Vereinten Nationen und den einschlägigen Normen des Völkerrechts, einschließlich jener, die sich auf die territoriale Integrität der Staaten beziehen. (…)
Leitsätze für die Zukunft
Ausgehend von unserem festen Bekenntnis zur uneingeschränkten Durchführung aller KSZE- Prinzipien und -Bestimmungen sind wir nunmehr entschlossen, neue Impulse für eine ausgewo- gene und umfassende Weiterentwicklung unserer Zusammenarbeit zu geben, um den Bedürfnissen und Erwartungen unserer Völker Rechnung zu tragen.
Menschliche Dimension
Unwiderruflich bekennen wir uns zur Achtung der Menschenrechte und Grundfreiheiten. Wir wollen die Bestimmungen über die menschliche Dimension der KSZE in vollem Umfang durch- führen und auf ihnen aufbauen.
Wir werden auf der Grundlage des Dokuments des Kopenhagener Treffens der Konferenz über die Menschliche Dimension zusammenarbeiten, um die demokratischen Institutionen zu stärken und den Rechtsstaat zu fördern. Zu diesem Zweck beschließen wir, ein Expertenseminar vom 4. bis 15. November 1991 in Oslo einzuberufen.
Wir sind entschlossen, den wertvollen Beitrag nationaler Minderheiten zum Leben unserer Gesell- schaften zu fördern, und verpflichten uns, deren Lage weiter zu verbessern. Wir bekräftigen unsere tiefe Überzeugung, daß freundschaftliche Beziehungen zwischen unseren Völkern sowie Friede,
76 Paris 1990
Gerechtigkeit, Stabilität und Demokratie den Schutz der ethnischen, kulturellen, sprachlichen und religiösen Identität nationaler Minderheiten und die Schaffung von Bedingungen für die Förde- rung dieser Identität erfordern. Wir erklären, daß Fragen in bezug auf nationale Minderheiten nur unter demokratischen Bedingungen befriedigend gelöst werden können. Ferner erkennen wir an, daß die Rechte von Angehörigen nationaler Minderheiten als Teil der allgemein anerkannten Menschenrechte uneingeschränkt geachtet werden müssen. Im Bewußtsein der dringenden Not- wendigkeit, im Hinblick auf nationale Minderheiten die Zusammenarbeit zu verstärken und deren Schutz zu verbessern, beschließen wir, ein Expertentreffen über nationale Minderheiten vom 1. bis 19. Juli 1991 in Genf einzuberufen.
Wir sind entschlossen, alle Formen von Haß zwischen Rassen und Volksgruppen, Antisemitismus, Fremdenfeindlichkeit und Diskriminierung irgendeines Menschen sowie von Verfolgung aus reli- giösen und ideologischen Gründen zu bekämpfen.
Wir betonen in Übereinstimmung mit unseren KSZE-Verpflichtungen, daß Freizügigkeit und freie Kontakte zwischen unseren Bürgern sowie der freie Fluß von Informationen und Gedanken aus- schlaggebend sind für den Fortbestand und die Entwicklung freier Gesellschaften und lebendiger Kulturen. Wir begrüßen die Zunahme von Tourismus und Besuchen zwischen unseren Ländern.
Der Mechanismus der menschlichen Dimension hat sich bewährt. Deshalb sind wir entschlossen, ihn durch die Einführung neuer Verfahren auszubauen; diese sehen die Mitarbeit von Experten oder die Heranziehung einer Liste von hervorragenden Persönlichkeiten mit Erfahrung in Men- schenrechtsfragen vor, die Gegenstand des Mechanismus sein könnten. Wir werden im Rahmen des Mechanismus vorsehen, daß Einzelpersonen einbezogen werden, wenn es um den Schutz ihrer Rechte geht. Wir sind daher entschlossen, unsere Verpflichtungen in dieser Hinsicht weiterzuent- wickeln, insbesondere beim Moskauer Treffen der Konferenz über die Menschliche Dimension, unbeschadet der Verpflichtungen, an die unsere Staaten aufgrund bestehender völkerrechtlicher Übereinkommen gebunden sind.
Wir würdigen den bedeutenden Beitrag des Europarates zur Förderung der Menschenrechte, der Prinzipien der Demokratie und der Rechtsstaatlichkeit sowie zur Entwicklung der kulturellen Zusammenarbeit. Wir begrüßen die von mehreren Teilnehmerstaaten unternommenen Schritte, dem Europarat und der Europäischen Menschenrechtskonvention beizutreten. Wir begrüßen die Bereitschaft des Europarates, der KSZE seine Erfahrungen zur Verfügung zu stellen.
Sicherheit (…)
Wir verurteilen vorbehaltlos alle Handlungen, Methoden und Praktiken des Terrorismus als ver- brecherische Handlungen und bekunden unsere Entschlossenheit, sowohl bilateral als auch in multilateraler Zusammenarbeit auf seine Ausrottung hinzuarbeiten. Ferner werden wir einander gegenseitig im Kampf gegen den illegalen Drogenhandel unterstützen. (…)
Kultur
Wir erkennen den wesentlichen Beitrag unserer gemeinsamen europäischen Kultur und unserer gemeinsamen Werte zur Überwindung der Teilung des Kontinents an. Wir unterstreichen daher unser Eintreten für die schöpferische Freiheit sowie für den Schutz und die Förderung unseres kulturellen und geistigen Erbes in all seinem Reichtum und all seiner Vielfalt.
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Angesichts der jüngsten Veränderungen in Europa betonen wir die erhöhte Bedeutung des Kra- kauer Symposiums und setzen große Erwartungen in die Erörterung von Leitsätzen für verstärkte Zusammenarbeit im Bereich der Kultur bei diesem Treffen. Wir laden den Europarat ein, zu die- sem Symposium beizutragen.
Zur Förderung größerer Vertrautheit zwischen unseren Völkern befürworten wir die Errichtung von Kulturzentren in Städten anderer Teilnehmerstaaten, eine verstärkte Zusammenarbeit auf dem audio-visuellen Gebiet und einen umfangreicheren Austausch in den Bereichen Musik, The- ater, Literatur und Kunst.
Wir sind entschlossen, im Rahmen unserer nationalen Politik das gegenseitige Verständnis, ins- besondere bei der Jugend, verstärkt zu fördern durch Kulturaustausch, Zusammenarbeit in allen Bereichen der Bildung vor allem durch den Unterricht von und in den Sprachen anderer Teilneh- merstaaten. Wir beabsichtigen, die ersten Ergebnisse dieses Vorhabens beim Folgetreffen von Hel- sinki 1992 zu überprüfen.
Wanderarbeiter
Wir erkennen an, daß die Fragen der Wanderarbeiter und ihrer Familien, die sich rechtmäßig in Aufnahmeländern aufhalten, wirtschaftliche, kulturelle und soziale Aspekte wie auch ihre mensch- liche Dimension haben. Wir bekräftigen, daß der Schutz und die Förderung ihrer Rechte sowie die Verwirklichung einschlägiger internationaler Verpflichtungen uns alle angeht. (…)
Nichtstaatliche Organisationen
Wir erinnern an die bedeutende Rolle, die nichtstaatliche Organisationen, religiöse und andere Gruppierungen sowie Einzelpersonen bei der Verwirklichung der KSZE-Ziele gespielt haben, und werden deren Einsatz für die Durchführung der KSZE-Verpflichtungen durch die Teilnehmer- staaten weiter erleichtern. Diese Organisationen, Gruppierungen und Einzelpersonen müssen auf geeignete Art und Weise in die Tätigkeit und die neuen Strukturen der KSZE einbezogen werden, damit sie ihre wichtigen Aufgaben erfüllen können.
Neue Strukturen und Institutionen des KSZE-Prozesses (…)
Wir beschließen, in Warschau ein Büro für freie Wahlen einzurichten, um Kontakte und den Informationsaustausch im Zusammenhang mit Wahlen in den Teilnehmerstaaten zu erleichtern. (…)
Zusatzdokument zur Durchführung einiger Bestimmungen der Charta von Paris für ein neues Europa
Nachstehend sind Verfahrensregeln und organisatorische Modalitäten zu einigen Bestimmun- gen festgelegt, die in der am 21. November 1990 in Paris unterzeichneten Charta von Paris für ein neues Europa enthalten sind.
78 Paris 1990
I.
Institutionelle Regelungen (…)
G. Büro für freie Wahlen
1. Aufgabe des Büros für freie Wahlen ist es, im Zusammenhang mit Wahlen in den Teilnehmer- staaten Kontakte und den Informationsaustausch zu erleichtern. Dadurch fördert das Büro die Durchführung der Punkte 6, 7 und 8 des Dokuments des Kopenhagener Treffens der Konferenz über die Menschliche Dimension der KSZE (…)
2. Zu diesem Zweck werden vom Büro: • Informationen – einschließlich der von den zuständigen Behörden der Teilnehmerstaaten zur Verfügung gestellten Informationen – über die Termine, Verfahrensregeln und offiziellen Ergeb- nisse von nationalen Wahlen in den Teilnehmerstaaten gesammelt, Berichte über die Beobachtung von Wahlen zusammengestellt und auf Ersuchen an Regierungen, Parlamente und interessierte Privatorganisationen weitergegeben; • Kontakte zwischen Regierungen, Parlamenten oder Privatorganisationen, die Wahlen zu beob- achten wünschen, und den zuständigen Behörden der Staaten, in denen Wahlen bevorstehen, erleichtert; • auf Ersuchen der Teilnehmerstaaten Seminare oder andere Treffen über Wahlverfahren und demokratische Institutionen organisiert; das Büro dient solchen Veranstaltungen als Tagungsort.
3. Das Büro trägt der Arbeit anderer in diesem Bereich tätiger Institutionen Rechnung und arbei- tet mit diesen zusammen.
4. Das Büro wird andere Aufgaben wahrnehmen, die ihm vom Rat übertragen werden.
5. Das Büro besteht aus folgendem Mitarbeiterstab: • einem Direktor, der über den Ausschuß Hoher Beamter dem Rat gegenüber verantwortlich ist; • einem Beamten; • administrativem und technischem Personal, das vom Direktor des Büros eingestellt wird.
79 Dokument des Krakauer Symposiums über das kulturelle Erbe der KSZE‑Teilnehmerstaaten Krakau 1991
(…)
Die Teilnehmerstaaten bringen ihre tiefempfundene Überzeugung zum Ausdruck, daß sie gemein- same, durch die Geschichte geprägte Wertvorstellungen teilen, die unter anderem auf der Achtung der Person, der Gewissens-, Religions- oder Glaubensfreiheit, der freien Meinungsäußerung sowie der Anerkennung der Bedeutung geistiger und kultureller Werte, der Verpflichtung zu Rechtsstaat- lichkeit, Toleranz und Offenheit für einen Dialog mit anderen Kulturen beruhen.
Sie anerkennen, daß das kulturelle Leben und das Wohlergehen ihrer Völker eng miteinander verknüpft sind und daß dies für Demokratien im Übergang zur Marktwirtschaft von besonderer Bedeutung ist. Sie fördern weiterhin bisherige und laufende Unterstützung dieser Länder bei der Bewahrung und dem Schutz ihres kulturellen Erbes.
Die Teilnehmerstaaten achten die unersetzliche Einzigartigkeit aller ihrer Kulturen und werden darum bemüht sein, weiterhin einen kulturellen Dialog untereinander und mit der übrigen Welt zu fördern. Sie betonen erneut ihre Überzeugung, daß die Achtung kultureller Vielfalt Verständ- nis und Toleranz unter einzelnen und Gruppen fördert.
Sie sind der Ansicht, daß die Regionalaspekte der Kultur selbst einen Faktor bei der Völkerver- ständigung darstellen sollten.
Regionale kulturelle Vielfalt ist ein Ausdruck der reichen gemeinsamen kulturellen Identität der Teilnehmerstaaten. Die Bewahrung und der Schutz dieser Vielfalt trägt zur Schaffung eines demo- kratischen, friedlichen und vereinten Europas bei.
Unter Bekräftigung ihrer Verpflichtung zur vollständigen Durchführung der in der Schlußakte von Helsinki und anderen KSZE-Dokumenten enthaltenen Bestimmungen über die kulturelle Dimension, vereinbaren die Teilnehmerstaaten folgendes:
I. Kultur und Freiheit
1. Die Teilnehmerstaaten betonen, daß die Achtung der Menschenrechte und Grundfreiheiten wesentlich für die volle Entfaltung kultureller Kreativität ist.
2. Der Staat und die Behörden werden sich einer Beeinträchtigung der Freiheit künstlerischen Schaffens enthalten.
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3. Die Teilnehmerstaaten verpflichten sich, die freie und ungehinderte Entfaltung künstlerischer Kreativität zu fördern und zu schützen. Sie anerkennen die bedeutende Rolle des einzelnen Künstlers in der Gesellschaft und werden die Unverletzlichkeit schöpferischer Tätigkeit achten und schützen.
4. Sie halten es für notwendig, daß die Regierungen ihre zweifache Aufgabe in Einklang brin- gen, einerseits kulturelle Aktivität zu unterstützen und anderseits diese Freiheit zu gewährleisten.
5. Sie anerkennen ferner, daß es angesichts der Vielfalt kultureller Aktivitäten in den Teilnehmer- staaten viele Möglichkeiten für die Regierungen gibt, effiziente Maßnahmen im Zusammenhang mit Fragen des kulturellen Erbes zu ergreifen.
6. Die Teilnehmerstaaten erinnern an ihre Achtung des Rechts auf freie Meinungsäußerung und erklären im Zusammenhang mit der Ausübung dieses Rechts in den Bereichen von Kunst und Kultur folgendes: 6.1 Die Veröffentlichung schriftlicher Werke, die Aufführung und Sendung von Musik, Bühnenstü- cken und audiovisuellen Werken sowie die Ausstellung von Bildern oder Skulpturen werden keinen Beschränkungen oder Eingriffen durch den Staat unterliegen, ausgenommen jene durch die inner- staatliche Gesetzgebung vorgegebenen, die voll und ganz internationalen Normen entsprechen. 6.2 Sie bringen ihre Überzeugung zum Ausdruck, daß im künstlerischen und kulturellen Bereich eine Vielfalt vom Staat unabhängiger Möglichkeiten zur Verbreitung, wie etwa Verlagshäuser, Rund- funk- und Fernsehanstalten, Kinos, Theater und Galerien, dazu beitragen kann, den Pluralismus und die Freiheit des künstlerischen und kulturellen Ausdrucks zu gewährleisten.
7. Die Teilnehmerstaaten erinnern an ihre Verpflichtungen zur Gewährleistung ungehinderten Zugangs zur Kultur und vereinbaren folgendes: 7.1 Bei gebührender Beachtung der Rechte am geistigen Eigentum hat jedermann oder jede unab- hängige Vereinigung das Recht, alle Arten kulturellen Materials, wie Bücher, Veröffentlichungen und audiovisuelle Aufzeichnungen sowie Reproduktionsmittel privat zu besitzen, zu verwenden und zu reproduzieren.
8. Die Teilnehmerstaaten sind entschlossen, die gegenseitige Kenntnis über ihre jeweilige Kultur zu fördern. Sie werden daher in allen Bereichen der Kultur und schöpferischen Arbeit Zusammen- arbeit und Austausch fördern.
9. Die Teilnehmerstaaten sind überzeugt, daß regionale und lokale Kulturen, einschließlich jener der nationalen Minderheiten, eine Bereicherung des kulturellen Lebens darstellen.
II. Kultur und kulturelles Erbe
10. Die Teilnehmerstaaten bringen ihre tiefempfundene Überzeugung zum Ausdruck, daß das kulturelle Erbe eines jeden von ihnen einen unverzichtbaren Teil ihrer Kultur, ihres kollektiven Gedächtnisses und ihrer gemeinsamen Geschichte darstellt, den es zukünftigen Generationen weiterzugeben gilt.
11. Die Teilnehmerstaaten nehmen die in den einschlägigen internationalen Dokumenten des Euro- parats und der UNESCO enthaltenen Definitionen betreffend das archäologische Gut, das kultu- relle und das architektonische Erbe zur Kenntnis.
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12. Die vollständige und dauerhafte Dokumentation von Stätten, Strukturen, Kulturlandschaften, Einzelobjekten und kulturellen Einheiten, einschließlich historischer, religiöser und kultureller Baudenkmale in ihrer bestehenden Form, ist im Rahmen des kulturellen Erbes eines der bedeu- tendsten Vermächtnisse, welches künftigen Generationen hinterlassen werden kann.
13. Die Teilnehmerstaaten würdigen das Erbe jener Kulturen, die aufgrund sprachlicher Barrie- ren, klimatischer Bedingungen und geographischer Entfernung, zahlenmäßig begrenzter Bevölke- rung oder durch historische Entwicklungen und politische Umstände bisher nur wenig zugänglich waren, ebenfalls als wesentliches Element ihres gemeinsamen kulturellen Erbes.
14. Die Teilnehmerstaaten werden bemüht sein, das kulturelle Erbe in Übereinstimmung mit den einschlägigen internationalen Vereinbarungen und mit ihrer jeweiligen innerstaatlichen Gesetz- gebung zu schützen.
15. Die Teilnehmerstaaten werden bei der Ausarbeitung von Planungsgrundsätzen in den Berei- chen Kultur, Umweltschutz, Regionen und Städten der Bewahrung, Betonung und Restaurierung des kulturellen Erbes gebührende Beachtung schenken. Sie halten ferner fest, daß es wichtig ist – wo immer angebracht und möglich -, den Zusammenhang der einzelnen Projekte der Denk- malpflege mit der jeweiligen authentischen städtischen oder ländlichen Umgebung herzustellen.
16. Die Teilnehmerstaaten halten es für wichtig, ihr kulturelles Erbe soweit wie möglich zugänglich zu machen. Dabei werden sie den Bedürfnissen der Behinderten besondere Beachtung schenken. 16.1 Sie werden bemüht sein, das Erbe vor Schäden zu bewahren, die durch eine unsachgemäße Verwaltung und den Zugang durch die Öffentlichkeit verursacht werden könnten. 16.2 Sie werden das Bewußtsein der Öffentlichkeit für den Wert des kulturellen Erbes und die Not- wendigkeit dessen Schutzes fördern. 16.3 Sie werden versuchen, wo immer dies möglich ist, Forschern und Wissenschaftlern den Zugang zu den Primärquellen und zu Archivmaterial zu erleichtern.
17. Die Teilnehmerstaaten nehmen die Rolle privater Vereinigungen bei der Förderung des Bewußt- seins um das kulturelle Erbe und der Notwendigkeit dessen Schutzes wohlwollend zur Kenntnis.
18. Zusammenschlüsse zwischen verschiedenen Gruppen des privaten und öffentlichen Sektors auf lokaler, regionaler und nationaler Ebene leisten einen wertvollen Beitrag zur Gewähr einer wirkungsvollen und repräsentativen Erhaltung des kulturellen Erbes. Bewahrung und Verdeutli- chung der Wertvorstellungen und des kulturellen Erbes verschiedener Gruppen werden durch die Einbindung dieser Gruppen gefördert, was der Toleranz und der Achtung gegenüber unterschied- lichen Kulturen dienlich und von überragender Bedeutung ist.
19. Die Teilnehmerstaaten anerkennen die Nützlichkeit und die Bedeutung des Austauschs von Informationen über die Erhaltung des kulturellen Erbes und betonen, daß die Verwendung von Datenbanken auf nationaler und multilateraler Ebene dazu einen nützlichen Beitrag leisten könnte.
III. Hauptgebiete bei Bewahrung und Zusammenarbeit
20. Die Teilnehmerstaaten werden die Aus- und Fortbildung in den verschiedenen Berufs- und Handwerkszweigen der Bewahrung, Restaurierung und Verwaltung des kulturellen Erbes unter- stützen. Sie kommen überein, einander über alle bedeutenden Entwicklungen in diesem Bereich zu informieren und zusammenzuarbeiten.
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20.1 Die Verbreitung von Kenntnissen und Fertigkeiten, insbesondere aussterbender, zur Erhal- tung des kulturellen Erbes durch Ausbildung, Austausch von Personal, durch Forschung und Fachpublikationen ist notwendig, um eine Kontinuität bei der Erhaltung des kulturellen Erbes zu gewährleisten. Daher bekräftigen die Teilnehmerstaaten ihre Verpflichtung, auf bilateraler und multilateraler Ebene den Austausch von Auszubildenden und Fachleuten zu fördern. 20.2 Die Teilnehmerstaaten sollten die entsprechenden Berufsverbände ersuchen, ein nationales Verzeichnis von Fachhandwerkern im Bereich des Schutzes und der Bewahrung des kulturellen Erbes zu erstellen, um Kontakte zwischen diesen Personen und jenen, die ihre Dienste in Anspruch nehmen, auf nationaler sowie internationaler Ebene zu erleichtern.
21. Die Teilnehmerstaaten werden Daten über Maßnahmen und Programme über ihr kulturel- les Erbe austauschen, insbesondere über Methoden, Mittel und Möglichkeiten, die sich aus neuen Technologien ergeben.
22. Die Teilnehmerstaaten werden sich um einen Wissens- und Erfahrungsaustausch bei der Ver- öffentlichung und der Verbreitung von gedrucktem und audiovisuellem Material bemühen. 22.1 Zur Stärkung des öffentlichen Bewußtseins für die Bewahrung des kulturellen Erbes werden die Teilnehmerstaaten Rundfunk- und Fernsehanstalten sowie der Presse Informationen zur Unter- stützung deren Informationsverbreitung in diesem Bereich zur Verfügung stellen.
23. Sie werden bemüht sein, die Lagerbedingungen von vergänglichem kulturellen Material, wie Papier, Filmen und Tonträgern zu verbessern sowie nationale Programme für die Erhaltung von ver- gänglichem kulturellem Erbe zu erstellen und gemeinsam Normen für alle Arten von Trägern kul- tureller Produkte zu vereinbaren, um den Fortbestand solcher kultureller Gegenstände zu sichern.
24. Die Teilnehmerstaaten werden zur Erleichterung des Informationsaustauschs die Verbindun- gen zwischen Zentren kulturellen Guts und Datenbanken im kulturellen Bereich unterstützen.
25. Zur Erreichung eines besseren Verständnisses für die kulturellen Werte der Länder mit weni- ger weit verbreiteten Sprachen werden die Teilnehmerstaaten die Verbreitung von Kenntnissen über solche Sprachen sowie das Erlernen dieser Sprachen, insbesondere durch die Übersetzung und Veröffentlichung von Literatur aus diesen Ländern befürworten. Die Durchführung inter- nationaler Ausbildungskurse für Mitarbeiter aus den Bereichen Medien und Kultur, die sich um die Förderung des Verständnisses von weniger weit verbreiteten Sprachen und weniger bekann- ten Kulturen bemühen, sollte ebenfalls in Betracht gezogen werden.
26. In Anerkennung des bedeutenden Beitrags von Glaubensgemeinschaften sowie religiösen Ins- titutionen und Organisationen zum kulturellen Erbe werden die Teilnehmerstaaten mit diesen bei der Erhaltung des kulturellen Erbes eng zusammenarbeiten und jenen sakralen Baudenkmalen und Objekten, die nicht mehr von den ursprünglichen Gemeinden benutzt werden oder die sich in Gebieten befinden, in denen diese Gemeinden nicht mehr bestehen, gebührende Aufmerksam- keit zukommen lassen.
27. In Anbetracht der wichtigen Rolle, die regionale kulturelle Aspekte für die Verbindung zwi- schen Menschen über nationale Grenzen hinweg spielen, werden die Teilnehmerstaaten die regio- nale Zusammenarbeit auf der Ebene kommunaler und nationaler Behörden sowie nichtstaatlicher Organisationen im Hinblick auf eine Förderung gutnachbarschaftlicher Beziehungen unterstützen.
28. Die Teilnehmerstaaten werden der Stärkung des Erbes der alten Volkskulturen der Vergan- genheit, einschließlich einheimischer Kulturen, gebührende Aufmerksamkeit schenken und die
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zeitgenössische Volkskultur im Rahmen ihrer Gesamtbemühungen um Bewahrung, Studium, Schutz ihres kulturellen Erbes sowie die Förderung des gegenseitigen Bewußtseins für dieses unter- stützen. Die Teilnehmerstaaten halten die Erforschung der verschiedenen Ausdrucksformen ver- gangener und gegenwärtiger Kulturen – symbolische Handlungen, technische Objekte und das Wissen darüber, Volkskunst, Sprachen – sowie alle Möglichkeiten zu deren besonderer Hervor- hebung für notwendig.
29. Die Teilnehmerstaaten werden auch den neueren Beiträgen zum kulturellen Erbe (Kunst des 20. Jahrhunderts, einschließlich Architektur) Aufmerksamkeit schenken.
30. Die Teilnehmerstaaten werden bei der Bekämpfung des illegalen Handels mit beweglichem Kulturgut, beispielsweise durch den möglichen Beitritt zu einschlägigen internationalen Abkom- men, zusammenarbeiten.
31. Die Teilnehmerstaaten werden sich um die Bewahrung und den Schutz der Baudenkmale und Gedenkstätten, einschließlich insbesondere von Vernichtungslagern, sowie der dazugehörigen Archive bemühen, die ihrerseits Zeugnisse der tragischen Ereignissen ihrer gemeinsamen Vergan- genheit sind. Solche Maßnahmen sind notwendig, damit diese Ereignisse nicht in Vergessenheit geraten, sie heutigen und zukünftigen Generationen vermittelt werden können und damit sicher- gestellt wird, daß sie sich nie mehr wiederholen.
32. Die Darstellung sensibler Gedenkstätten kann ein wertvolles Mittel zur Förderung von Tole- ranz und Verständnis zwischen den Menschen sein und wird die soziale und kulturelle Vielfalt berücksichtigen.
33. Die Teilnehmerstaaten anerkennen, daß bei der Festlegung von Prioritäten für die Erhaltung sowohl der ideelle Wert des kulturellen Erbes als auch dessen relativer Verfallszustand und des- sen kulturhistorischer Inhalt berücksichtigt werden müssen. Zu diesem Zweck werden sie, wo angemessen, die Verwendung von Gefährdungskarten, den Austausch von Informationen und die Organisation von Workshops vor Ort fördern, was auch der Einbindung jüngerer Generatio- nen zugute kommt.
34. Die Teilnehmerstaaten sind sich bewußt, daß die Wahrung der ursprünglichen Funktion von Denkmalen und historischen Stätten, welche mit ihrer jeweiligen Geschichte und Kultur verbun- den sind – wo immer sich diese auch befinden – einen wesentlichen Bestandteil der im Rahmen der KSZE zur Bewahrung und zum Schutz des gemeinsamen kulturellen Erbes unternommenen Bemühungen darstellt.
35. Die Teilnehmerstaaten sind der Ansicht, daß es notwendig ist, koordinierte Maßnahmen zum Schutz des gemeinsamen kulturellen Erbes vor schädigenden Umwelteinflüssen zu ergreifen. Zu diesem Zweck werden sie die Einrichtung oder Verbindung von Informationsnetzen zur Samm- lung von Daten und die Koordinierung von Forschungsaktivitäten in Betracht ziehen. Sie werden bemüht sein, Grundsatzentscheidungen zu koordinieren und direkte Maßnahmen zu ergreifen, um die Auswirkungen der Luftverschmutzung und anderer schädigender Umwelteinflüsse auf das gemeinsame kulturelle Erbe zu verringern.
36. Zum Schutz kultureller Stätten in städtischen Bereichen werden die Teilnehmerstaaten geeig- nete Maßnahmen ergreifen, um den Auswirkungen der Umweltverschmutzung auf architektoni- sche Einheiten in bedrohten Städten entgegenzuwirken, historische Stadtkerne zu restaurieren, zu bewahren und wiederzubeleben sowie historische Stätten zu bewahren und diese vor Schäden durch anwachsende Touristenströme zu schützen.
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37. Die Teilnehmerstaaten halten es für wichtig, besonders in Dörfern und ländlichen Gebieten das kulturelle Gepräge, das aufgrund veränderter wirtschaftlicher Strukturen und der Auswir- kungen der Umweltverschmutzung gefährdet ist, zu schützen. Dies gilt vor allem für den Schutz von Wohngebäuden und geschlossenen Gruppen von Bauten unseres täglichen Lebensumfelds.
38. In Anbetracht des Beitrags, den die Naturgeschichte zu unserem Verständnis der heutigen Welt und ihrer zukünftigen Entwicklung leisten kann, werden die Teilnehmerstaaten bemüht sein, die Bewahrung naturgeschichtlicher Stätten und Sammlungen und das Verständnis hierfür zu fördern.
39. Die Teilnehmerstaaten sind sich der Bedeutung der Erhaltung öffentlicher und privater Parks sowie historischer Gärten als Werke von Mensch und Natur bewußt. Diese sind wegen ihrer his- torischen, botanischen und sozialen Bedeutung, einschließlich ihrer gestalterischen und architek- tonischen Elemente, von Interesse.
40. Die Teilnehmerstaaten werden um die Bewahrung und den Schutz der auf ihrem Staatsgebiet befindlichen archäologischen Stätten, einschließlich der unter Wasser befindlichen, bemüht sein. Sie werden diesen Aspekt bei Vorhaben der regionalen Entwicklung, welche möglicherweise eine Bedrohung für die bisher noch nicht durch wissenschaftliche Erhebungen erfaßten, ausgegrabe- nen oder restaurierten Stätten darstellen, berücksichtigen.
41. Sie unterstreichen die Notwendigkeit, die Aktivitäten internationaler Organisationen und Ins- titutionen, wie die des Europarats und der UNESCO, zu koordinieren, um zur vollen Entwick- lung der kulturellen Zusammenarbeit zwischen den Teilnehmerstaaten beizutragen. Eingedenk der Notwendigkeit, unnötige Zweispurigkeit zu vermeiden, werden die Teilnehmerstaaten innerhalb der einschlägigen internationalen Organisationen, denen sie angehören, eng zusammenarbeiteng. (…)
85 Bericht des KSZE-Expertentreffens über nationale Minderheiten Genf 1991
(…)
Übereinstimmung mit den einschlägigen Bestimmungen der Charta von Paris erörterten die Vertreter der Teilnehmerstaaten eingehend die Fragen nationaler Minderheiten und der Rechte deren Angehöriger. Dabei wurde die Vielfalt der Gegebenheiten und der rechtlichen, historischen, politischen und wirtschaftlichen Hintergründe zum Ausdruck gebracht. Sie führten einen Mei- nungsaustausch über praktische Erfahrungen mit nationalen Minderheiten insbesondere über innerstaatliche Rechtssetzung, demokratische Institutionen, internationale Übereinkommen und andere mögliche Formen der Zusammenarbeit. Die Vertreter der Teilnehmerstaaten äußerten ihre Ansichten über die Durchführung der einschlägigen KSZE-Verpflichtungen und zogen darüber hinaus Möglichkeiten zur Verbesserung der einschlägigen Normen in Erwägung. Sie zogen ferner neue Maßnahmen zur Verbesserung der Durchführung der genannten Verpflichtungen in Betracht.
Auf dem Treffen wurde eine Reihe von Vorschlägen zur Prüfung unterbreitet; die Teilnehmerstaa- ten nahmen nach ihren Beratungen den vorliegenden Bericht an.
Der Text des Berichts des Genfer Expertentreffens über nationale Minderheiten wird in jedem Teilnehmerstaat veröffentlicht, und von ihm so umfassend wie möglich verbreitet und bekannt- gemacht werden.
Die Vertreter der Teilnehmerstaaten nehmen zur Kenntnis, daß der Rat in Übereinstimmung mit der Charta von Paris für ein neues Europa die Zusammenfassung der Ergebnisse des Treffens berücksichtigen wird.
I.
In der Erkenntnis, daß die Einhaltung und volle Ausübung der Menschenrechte und Grundfrei- heiten, einschließlich der von Angehörigen nationaler Minderheiten, die Grundlage des neuen Europas bilden,
in erneuter Bekräftigung ihrer tiefen Überzeugung, daß freundschaftliche Beziehungen zwischen ihren Völkern sowie Frieden, Gerechtigkeit, Stabilität und Demokratie den Schutz der ethnischen, kulturellen, sprachlichen und religiösen Identität nationaler Minderheiten und die Schaffung von Voraussetzungen zur Förderung dieser Identität erfordern,
in der Überzeugung, daß es die Demokratie in Staaten mit nationalen Minderheiten erfordert, daß die Ausübung von Rechten und Grundfreiheiten in voller und tatsächlicher Gleichheit allen Per- sonen, einschließlich der Angehörigen nationaler Minderheiten, zugute kommen und daß sie in den Genuß von Rechtsstaatlichkeit und demokratischen Institutionen gelangen,
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im Bewußtsein der Vielfalt der Situationen und der Verfassungsordnungen in ihren Ländern und daher in Anerkennung der Tatsache, daß verschiedene Methoden bei der Durchführung der KSZE- Verpflichtungen bezüglich nationaler Minderheiten geeignet sind,
eingedenk der Wichtigkeit, Bemühungen zur Behandlung der Fragen nationaler Minderheiten insbesondere in Gebieten zu unternehmen, in denen sich demokratische Institutionen noch fes- tigen werden und Fragen bezüglich nationaler Minderheiten ein besonderes Anliegen darstellen,
im Bewußtsein, daß nationale Minderheiten ein integraler Bestandteil der Gesellschaft der Staaten sind, in denen sie leben, und daß sie jeden Staat und dessen Gesellschaft bereichern,
in Bekräftigung der Notwendigkeit der Achtung und vollständigen sowie ausgewogenen Durch- setzung ihrer Verpflichtungen im Bereich der Menschenrechte und Grundfreiheiten – wie in den internationalen Übereinkommen niedergelegt, durch die sie gegebenenfalls gebunden sind,
in erneuter Bekräftigung ihrer festen Entschlossenheit, alle ihre in der Schlußakte von Helsinki, im Abschließenden Dokument von Madrid und im Abschließenden Dokument von Wien, im Doku- ment des Kopenhagener Treffens der Konferenz über die Menschliche Dimension der KSZE, im Dokument des Krakauer Symposiums über das kulturelle Erbe sowie in der Charta von Paris für ein neues Europa eingegangenen Verpflichtungen bezüglich nationaler Minderheiten und deren Angehörigen zu achten und in vollem Umfang anzuwenden, unterbreiten die Teilnehmerstaaten nachstehend die Zusammenfassung ihrer Schlußfolgerungen.
Die Vertreter der Teilnehmerstaaten nahmen als ihrer Arbeit zugrundeliegende Basis die von ihnen in bezug auf nationale Minderheiten eingegangenen Verpflichtungen, wie sie in den angenomme- nen einschlägigen KSZE-Dokumenten enthalten sind, insbesondere jene der Charta von Paris für ein neues Europa und des Dokuments des Kopenhagener Treffens der Konferenz über die Mensch- liche Dimension der KSZE, die sie voll wiederbestätigen.
II.
Die Teilnehmerstaaten betonen die fortdauernde Bedeutung einer eingehenden Überprüfung der Durchführung ihrer KSZE-Verpflichtungen bezüglich der Angehörigen nationaler Minderheiten.
Sie unterstreichen, daß die Menschenrechte und Grundfreiheiten die Grundlage für den Schutz und die Förderung der Rechte von Angehörigen nationaler Minderheiten bilden. Sie anerkennen ferner, daß Fragen bezüglich nationaler Minderheiten nur in einem demokratischen politischen Rahmen, der auf Rechtsstaatlichkeit beruht, und bei einem funktionierenden unabhängigen Gerichtswe- sen zufriedenstellend gelöst werden können. Dieser Rahmen gewährleistet die volle Achtung der Menschenrechte und Grundfreiheiten, die Gleichberechtigung und Gleichstellung aller Bürger, einschließlich der Angehörigen nationaler Minderheiten, den freien Ausdruck all ihrer legitimen Interessen und Bestrebungen, den politischen Pluralismus, soziale Toleranz und die Verwirklichung der gesetzlichen Regeln, die wirksame Mittel gegen den Mißbrauch der Regierungsgewalt bieten.
Fragen nationaler Minderheiten sowie die Erfüllung internationaler Verpflichtungen hinsichtlich der Rechte von Angehörigen nationaler Minderheiten sind ein berechtigtes internationales Anlie- gen und daher eine nicht ausschließlich innere Angelegenheit des jeweiligen Staates.
Sie nehmen zur Kenntnis, daß nicht alle ethnischen, kulturellen, sprachlichen oder religiösen Unterschiede notwendigerweise zur Bildung nationaler Minderheiten führen.
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III.
In Achtung des Rechts von Angehörigen nationaler Minderheiten auf wirksame Beteiligung an öffentlichen Angelegenheiten werden die Teilnehmerstaaten in Erwägung ziehen, daß diese bei der Erörterung von Fragen bezüglich der Lage nationaler Minderheiten in ihren Ländern in Einklang mit den Verfahren zur Beschlußfassung jedes Staates eine wirksame Möglichkeit haben sollen, beteiligt zu werden. Sie sind ferner der Ansicht, daß eine angemessene demokratische Mitwirkung von Angehörigen nationaler Minderheiten oder ihrer Vertreter in Entscheidungs- oder Beratungs- organen ein wichtiges Element der echten Mitwirkung an öffentlichen Angelegenheiten darstellt.
Sie sind der Auffassung, daß es besonderer Bemühungen bedarf, spezifische Probleme auf konst- ruktive Weise und auf dem Wege des Dialogs durch Verhandlungen und Konsultationen mit dem Ziel zu lösen, die Lage von Angehörigen nationaler Minderheiten zu verbessern. Sie anerkennen, daß die Förderung des Dialogs zwischen Staaten sowie zwischen Staaten und Angehörigen natio- naler Minderheiten am erfolgreichsten ist, wenn ein freier Informations- und Ideenfluß zwischen allen Beteiligten gegeben ist. Sie unterstützen einseitige, bi- und multilaterale Bemühungen der Regierungen, Wege zur Erhöhung der Wirksamkeit der Durchführung der KSZE-Verpflichtun- gen bezüglich nationaler Minderheiten zu erkunden.
Ferner ziehen die Teilnehmerstaaten in Erwägung, daß die Achtung der Menschenrechte und Grundfreiheiten in der gesamten Gesellschaft ohne jegliche Diskriminierung gewährt werden muß. In Gebieten, in denen vorwiegend Angehörige einer nationalen Minderheit leben, werden die Menschenrechte und Grundfreiheiten von Angehörigen dieser Minderheit ebenso wie die von Angehörigen der Mehrheitsbevölkerung des jeweiligen Staates und von Angehörigen anderer in diesen Gebieten lebender nationaler Minderheiten gleichermaßen geschützt.
Sie bekräftigen erneut, daß Angehörige nationaler Minderheiten das Recht haben, ihre ethnische, kulturelle, sprachliche und religiöse Identität frei zum Ausdruck zu bringen, zu bewahren und weiterzuentwickeln, und ihre Kultur in all ihren Aspekten zu erhalten und weiterzuentwickeln, frei von jeglichen Versuchen, gegen ihren Willen assimiliert zu werden.
Sie werden den zuständigen Behörden erlauben, das Büro für freie Wahlen über alle geplanten staat- lichen Wahlen auf ihrem Staatsgebiet, einschließlich der nicht-gesamtstaatlichen, zu informieren. Die Teilnehmerstaaten werden, soweit dies gesetzlich zulässig ist, die Anwesenheit von Beobach- tern bei nicht-gesamtstaatlichen Wahlen wohlwollend prüfen und sich bemühen, den Beobach- tern den Zugang dazu zu erleichtern.
IV.
Die Teilnehmerstaaten werden für Angehörige nationaler Minderheiten Voraussetzungen zur Chancengleichheit schaffen für eine wirksame Beteiligung am öffentlichen Leben, an wirtschaft- lichen Aktivitäten und am Aufbau ihrer Gesellschaft.
Im Einklang mit Punkt 31 des Kopenhagener Dokuments werden die Teilnehmerstaaten die not- wendigen Maßnahmen ergreifen, um die Diskriminierung von Einzelpersonen – insbesondere hinsichtlich Beschäftigung, Wohnungswesen und Bildung – aufgrund deren Zugehörigkeit oder Nichtzugehörigkeit zu einer nationalen Minderheit zu verhindern. In diesem Zusammenhang werden sie – falls dies noch nicht geschehen ist – dafür Sorge tragen, daß Einzelpersonen, die auf- grund ihrer Zugehörigkeit oder Nichtzugehörigkeit zu einer nationalen Minderheit diskriminiert wurden, wirksamen Zugang zu Rechtsmitteln haben, auch durch das Vorhandensein verschiedener Möglichkeiten administrativer und gerichtlicher Rechtsmittel für einzelne Diskriminierungsopfer.
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Die Teilnehmerstaaten sind überzeugt, daß die Bewahrung der Werte und des kulturellen Erbes nationaler Minderheiten die Beteiligung von Angehörigen solcher Minderheiten erfordert und daß Toleranz und Achtung unterschiedlicher Kulturen in dieser Hinsicht von außerordentlicher Bedeutung sind. Dementsprechend bekräftigen sie die Wichtigkeit, sich Behinderungen bei der Herstellung von Kulturgut über nationale Minderheiten, auch der Herstellung durch Angehörige nationaler Minderheiten, zu enthalten.
Die Teilnehmerstaaten bestätigen, daß Angehörige einer nationalen Minderheit dieselben Rechte und dieselben Pflichten haben, die sich aus der Staatsangehörigkeit ergeben, wie die anderen Staatsangehörigen.
Die Teilnehmerstaaten bekräftigen erneut die Wichtigkeit, besondere Maßnahmen zu ergreifen, wo dies erforderlich ist, um die volle Gleichheit von Angehörigen nationaler Minderheiten mit ande- ren Bürgern bei der ungehinderten Ausübung der Menschenrechte zu sichern. Sie erinnern ferner an die Notwendigkeit, die erforderlichen Maßnahmen zu ergreifen, um die ethnische, kulturelle, sprachliche und religiöse Identität nationaler Minderheiten auf ihrem Staatsgebiet zu schützen und Voraussetzungen für die Förderung dieser Identität zu schaffen. Jede dieser Maßnahmen wird mit den Prinzipien der Gleichheit und Nichtdiskriminierung in bezug auf die anderen Staatsangehö- rigen des betreffenden Teilnehmerstaates in Einklang stehen.
Sie anerkennen, daß solche Maßnahmen, die unter anderem historische und territoriale Umstände nationaler Minderheiten berücksichtigen, in solchen Gebieten von besonderer Bedeutung sind, in denen sich demokratische Institutionen noch festigen werden und Fragen nationaler Minderhei- ten ein besonderes Anliegen darstellen.
Im Bewußtsein der Vielfalt und der sich ändernden Verfassungsordnungen, die eine allgemein- gültige Methode nicht notwendigerweise anwendbar machen, nehmen die Teilnehmerstaaten mit Interesse zur Kenntnis, daß einige von ihnen auf entsprechend demokratischem Weg positive Ergebnisse erzielt haben, unter anderem durch: • Beratungs- und Entscheidungsorgane, in den Minderheiten vertreten sind – insbesondere in den Bereichen Bildung, Kultur und Religion; • gewählte Organe und Gremien für Angelegenheiten nationaler Minderheiten; • Lokal- und autonome Verwaltung sowie Territorialautonomie einschließlich der Errichtung von beratenden, legislativen und exekutiven Organen, die aus freien und regelmäßigen Wah- len hervorgegangen sind; • Selbstverwaltung einer nationalen Minderheit in Angelegenheiten ihrer Identität, wo Territo- rialautonomie nicht anwendbar ist; • Arten dezentraler und lokaler Regierung und Verwaltung; • bilaterale und multilaterale Abkommen sowie andere Regelungen bezüglich nationaler Min- derheiten; • angemessene Ausbildungsformen und -stufen für Angehörige nationaler Minderheiten in ihrer Muttersprache – unter gebührender Berücksichtigung der zahlenmäßigen Größe, geographi- schen Siedlungslage und kulturellen Traditionen nationaler Minderheiten; • Finanzierung des Unterrichts von Minderheitensprachen für die Allgemeinheit sowie Einbezie- hung von Minderheitensprachen in die Lehrerausbildung – insbesondere in Gebieten, in denen Angehörige nationaler Minderheiten leben; • Ergreifung der notwendigen Maßnahmen in denjenigen Fällen, in denen auf ihrem Staatsge- biet der Unterricht in einem bestimmten Fachgebiet in der Minderheitensprache nicht auf allen
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Ebenen gewährleistet ist – um Möglichkeiten für die Anerkennung von im Ausland erteilten Diplomen für ein in dieser Sprache abgeschlossenes Studium zu schaffen; • Gründung von staatlichen Forschungseinrichtungen zur Überprüfung der Gesetzgebung und zur Verbreitung von Informationen über Gleichberechtigung und Nichtdiskriminierung; • Bereitstellung finanzieller und technischer Hilfe für Angehörige nationaler Minderheiten, die dies wünschen, zur Ausübung ihres Rechts auf Gründung und Erhaltung ihrer eigenen Bildungs-, Kultur- und Religionseinrichtungen, -organisationen und vereinigungen; • staatliche Unterstützung bei der Lösung örtlicher Schwierigkeiten im Zusammenhang mit dis- kriminierenden Praktiken (z.B. Bürgerdienste); • Unterstützung der Bemühungen, Beziehungen zwischen Basisgemeinschaften herzustellen: zwischen Minderheitengemeinschaften untereinander, zwischen Mehrheiten- und Minder- heitengemeinschaften bzw. zwischen Nachbargemeinschaften mit gemeinsamen Grenzen, zur Verhinderung der Entstehung lokaler Spannungen und zur friedlichen Behandlung solcher Kon- flikte, falls sie entstanden sind; und • Unterstützung zur Gründung ständiger gemischter Kommissionen auf zwischenstaatlicher oder regionaler Ebene zur Erleichterung des fortdauernden Dialogs zwischen den betreffen- den Grenzregionen.
Die Teilnehmerstaaten sind der Ansicht, daß diese und andere Methoden – einzeln oder in Ver- bindung mit anderen – zur Verbesserung der Lage nationaler Minderheiten auf ihren Staatsge- bieten beitragen könnten.
V.
Die Teilnehmerstaaten achten das Recht von Angehörigen nationaler Minderheiten, ihre Rechte allein oder in Gemeinschaft mit anderen ungehindert auszuüben, Organisationen und Vereini- gungen in ihrem Land zu gründen und zu unterhalten und in internationalen nichtstaatlichen Organisationen mitzuwirken.
Die Teilnehmerstaaten bekräftigen erneut das Recht von Angehörigen nationaler Minderheiten, ihre eigenen Bildungs-, Kultur- und Religionseinrichtungen, -organisationen und -vereinigungen zu gründen und zu unterhalten und werden die Ausübung dieses Rechts nicht behindern.
In diesem Zusammenhang anerkennen sie die überragende und entscheidende Rolle von Einzel- personen, nichtstaatlichen Organisationen und religiösen sowie anderen Gruppen bei der Förde- rung der kulturübergreifenden Verständigung und bei der Verbesserung der Beziehungen auf allen Ebenen der Gesellschaft sowie über die Staatsgrenzen hinweg.
Sie vertreten die Auffassung, daß Beobachtungen und Erfahrungen solcher Organisationen, Grup- pen und Einzelpersonen aus erster Hand für die Förderung der Durchführung der KSZE-Ver- pflichtungen bezüglich der Angehörigen nationaler Minderheiten von großem Wert sein können. Deshalb werden sie die Arbeit solcher Organisationen, Gruppen und Einzelpersonen unterstützen und nicht behindern und deren Mitarbeit auf diesem Gebiet begrüßen.
VI.
Besorgt über die Zunahme von Handlungen, die von rassischem, ethnischem und religiösem Haß, Antisemitismus, Xenophobie und Diskriminierung gekennzeichnet sind, unterstreichen die
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Teilnehmerstaaten ihre Entschlossenheit, solche Handlungen – gegen wen auch immer sie gerich- tet sind – auch weiterhin zu verurteilen.
In diesem Zusammenhang bekräftigen sie erneut, daß sie die besonderen Probleme der Roma (Zigeuner) anerkennen. Sie sind bereit, wirksame Maßnahmen zu ergreifen, um die volle Chan- cengleichheit zwischen Angehörigen der Roma mit gewöhnlichem Aufenthalt in ihrem Staat und der übrigen dort ansässigen Bevölkerung herzustellen. Sie werden darüber hinaus Forschungsar- beiten und Studien über die Roma und deren besondere Probleme unterstützen.
Sie werden wirksame Maßnahmen zur Förderung von Toleranz, Verständigung, Chancengleich- heit und guten Beziehungen zwischen Einzelpersonen unterschiedlicher Herkunft in ihrem Land ergreifen.
Ferner werden die Teilnehmerstaaten wirksame Maßnahmen ergreifen einschließlich, falls dies noch nicht geschehen ist, der Verabschiedung von mit ihrer Verfassung und ihren internationalen Verpflichtungen im Einklang stehenden Gesetzen, zur Untersagung von Handlungen, welche auf der Grundlage nationaler, rassischer, ethnischer oder religiöser Diskriminierung zu Gewalt, zu Feindseligkeit oder Haß einschließlich Antisemitismus aufhetzen. Sie werden Schritte zur Durch- setzung solcher Gesetze unternehmen.
Darüber hinaus werden sie Anstrengungen unternehmen zur Verstärkung des öffentlichen Bewußt- seins gegenüber Vorurteilen und Haß, zur Verbesserung der Durchsetzung von Gesetzen gegen durch Haß ausgelöste Verbrechen sowie zur sonstigen Förderung der Bemühungen für ein Vor- gehen gegen Haß und Vorurteile in der Gesellschaft. Dazu werden sie über die in ihrem Staatsge- biet begangenen Verbrechen, die in rassischen, ethnischen oder religiösen Vorurteilen begründet sind, Daten sammeln, diese – einschließlich der bei ihrer Sammlung angewandten Richtlinien – regelmäßig veröffentlichen und der Allgemeinheit zugänglich machen. Diese Daten sollen keine personenbezogenen Informationen enthalten.
Sie werden einander konsultieren sowie auf internationaler Ebene, auch bei künftigen KSZE-Tref- fen, einen Meinungs- und Informationsaustausch über solche Verbrechen führen, die Ausdruck von Vorurteilen und Haß sind.
VII.
In der Überzeugung, daß der Schutz der Rechte von Angehörigen nationaler Minderheiten den freien Informationsfluß und Ideenaustausch voraussetzt, unterstreichen die Teilnehmerstaaten die Bedeutung der Kommunikation zwischen Angehörigen nationaler Minderheiten ohne Ein- mischung staatlicher Behörden und ohne Rücksicht auf Grenzen. Die Ausübung solcher Rechte darf nur solchen Beschränkungen unterliegen, die gesetzlich vorgesehen sind und mit internatio nalen Normen in Einklang stehen. Sie bekräftigen erneut, daß gegen keinen Angehörigen einer nationalen Minderheit, nur weil er einer solchen Minderheit angehört, straf- oder verwaltungs- rechtliche Maßnahmen verhängt werden, wenn er innerhalb bzw. außerhalb seines Landes Kon- takte unterhalten hat.
Sie werden beim Zugang zu den Medien niemanden aus ethnischen, kulturellen sprachlichen oder religiösen Gründen diskriminieren. Sie werden Informationen zur Verfügung stellen, die den elek- tronischen Massenmedien dabei behilflich sind, in ihren Programmen die ethnische, kulturelle, sprachliche und religiöse Identität nationaler Minderheiten zu berücksichtigen.
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Sei bekräftigen erneut, daß die Herstellung und die Pflege von ungehinderten Kontakten zwi- schen Angehörigen einer nationalen Minderheit sowie von Kontakten über die Grenzen hinweg zwischen Angehörigen einer nationalen Minderheit mit Personen, mit denen sie eine gemeinsame ethnische oder nationale Herkunft, ein gemeinsames kulturelles Erbe oder ein religiöses Bekennt- nis teilen, zur gegenseitigen Verständigung beitragen und gutnachbarliche Beziehungen fördern.
Daher unterstützen sie Vereinbarungen über die grenzüberschreitende Zusammenarbeit auf gesamt- staatlicher, regionaler und örtlicher Ebene, unter anderem über kleinen Grenzverkehr, Erhaltung und Besuche von kulturellen und historischen Denkmälern und Stätten, Tourismus, die Verbes- serung des Verkehrswesens, die Wirtschaft, Jugendaustausch, den Umweltschutz und die Schaf- fung regionaler Kommissionen.
Sie werden ferner, wo immer nationale Minderheiten leben, die Gründung informeller Arbeits- kreise (z.B. Workshops, Komitees sowohl in als auch zwischen den Teilnehmerstaaten) unterstüt- zen zur Erörterung von Fragen nationaler Minderheiten, zum Austausch von Erfahrungen und zur Unterbreitung von Vorschlägen.
Zur Verbesserung ihrer Informationen über die tatsächliche Situation nationaler Minderheiten werden die Teilnehmerstaaten auf freiwilliger Grundlage Informationen über die Lage nationaler Minderheiten in ihren jeweiligen Staatsgebieten verbreiten sowie Darstellungen ihrer diesbezüg- lichen Politik durch das KSZE-Sekretariat an andere Teilnehmerstaaten verbreiten.
Die Teilnehmerstaaten werden im KSZE-Sekretariat Kopien der im Plenum des KSZE-Experten- treffens über nationale Minderheiten geleisteten Beiträge hinterlegen, die sie der Öffentlichkeit zugänglich machen möchten.
VIII.
Die Teilnehmerstaaten begrüßen den positiven Beitrag der Vertreter der Vereinten Nationen und des Europarates zu den Beratungen des Genfer Expertentreffens über nationale Minderheiten. Sie nehmen zur Kenntnis, daß Arbeit und Wirken dieser Organisationen für die Erörterung von Ange- legenheiten nationaler Minderheiten durch die KSZE von andauernder Bedeutung sein werden.
Die Teilnehmerstaaten nehmen zur Kenntnis, daß bei der Behandlung von Fragen bezüglich nationaler Minderheiten entsprechende KSZE-Mechanismen von Bedeutung sein können. Fer- ner empfehlen sie, daß das 3. Treffen der Konferenz über die Menschliche Dimension der KSZE eine Ausweitung des Mechanismus der Menschlichen Dimension in Erwägung zieht. Sie werden die Beteiligung von Einzelpersonen am Schutz von deren Rechten, einschließlich der Rechte von Angehörigen nationaler Minderheiten, fordern.
Schließlich ersuchen die Vertreter der Teilnehmerstaaten den Exekutivsekretär des Treffens, diesen Bericht an das 3. Treffen der Konferenz über die Menschliche Dimension der KSZE weiterzuleiten.
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Dokument des Moskauer Treffens der Konferenz über die menschliche Dimension der KSZE Moskau 1991
(…)
Die Teilnehmerstaaten verpflichten sich erneut zur uneingeschränkten Verwirklichung aller Prin- zipien und Bestimmungen der Schlußakte der Konferenz über Sicherheit und Zusammenarbeit in Europa, der Charta von Paris für ein neues Europa und der anderen KSZE- Dokumente im Bereich der menschlichen Dimension, inbesondere auch des Dokuments des Kopenhagener Treffens der Konferenz über die Menschliche Dimension der KSZE. Sie sind entschlossen, bei der Verwirkli- chung dieser Bestimmungen weitere Fortschritte zu erzielen, da die volle Achtung der Menschen- recht und Grundfreiheiten sowie die Entwicklung ihrer Gesellschaftsordnung auf der Grundlage von pluralistischer Demokratie und Rechtsstaatlichkeit Vorbedingungen für eine dauerhafte Ord- nung von Frieden, Sicherheit, Gerechtigkeit und Zusammenarbeit in Europa sind.
In diesem Zusammenhang hoben die Teilnehmerstaaten hervor, daß gemäß der Schlußakte der Konferenz über Sicherheit und Zusammenarbeit in Europa und der Charta von Paris für ein neues Europa die Gleichberechtigung der Völker und deren Recht auf Selbstbestimmung entsprechend der Charta der Vereinten Nationen und den einschlägigen völkerrechtlichen Normen zu achten sind, einschließlich jener in bezug auf die territoriale Integrität der Staaten.
Auf dem Moskauer Treffen äußerten die Teilnehmerstaaten ihre Ansichten zur Durchführung ihrer Verpflichtungen im Bereich der menschlichen Dimension. Sie stellten fest, daß der Grad der Erfüllung der in den einschlägigen Bestimmungen der KSZE-Dokumente enthaltenen Verpflich- tungen eine weitere wesentliche Verbesserung seit dem Kopenhagener Treffen aufweist. Sie stellten darüber hinaus fest, daß trotz der bedeutenden Fortschritte die Prinzipien und Bestimmungen der KSZE weiterhin ernsthaften Bedrohungen und Verstößen ausgesetzt sind, die eine ernüchternde Wirkung auf die Beurteilung der allgemeinen Lage in Europa haben. Insbesondere bedauerten sie diskriminierende Handlungen, Feindseligkeiten und Gewalt gegenüber Personen oder Gruppen aus Gründen ihrer staatlichen, ethnischen oder religiösen Zugehörigkeit. Die Teilnehmerstaaten brachten daher ihre Ansicht zum Ausdruck, daß für die vollständige Verwirklichung ihrer Ver- pflichtungen im Bereich der menschlichen Dimension weitere Bemühungen erforderlich sind, denen die erfolgten tiefgreifenden politischen Veränderungen entscheidend zugute kommen sollten.
Die Teilnehmerstaaten betonen, daß Fragen der Menschenrechte, Grundfreiheiten, Demokra- tie und Rechtsstaatlichkeit ein internationales Anliegen sind, da die Achtung dieser Rechte und Freiheiten eine der Grundlagen der internationalen Ordnung darstellt. Sie erklären mit großem Nachdruck und unwiderruflich, daß die im Bereich der menschlichen Dimension der KSZE ein- gegangenen Verpflichtungen ein unmittelbares und berechtigtes Anliegen aller Teilnehmerstaaten und eine nicht ausschließlich innere Angelegenheit des betroffenen Staates darstellen. Sie bekun- den ihre Entschlossenheit, alle ihre Verpflichtungen im Bereich der menschlichen Dimension zu erfüllen und alle damit zusammenhängenden Fragen einzeln und gemeinsam auf der Grundlage
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gegenseitiger Achtung und Zusammenarbeit mit friedlichen Mitteln zu lösen. In diesem Zusam- menhang anerkennen sie, daß die aktive Einbeziehung von Personen, Gruppen, Organisationen und Institutionen wesentlich ist, um weitere Fortschritte in dieser Richtung zu gewährleisten.
Die Teilnehmerstaaten drücken ihre gemeinsame Entschlossenheit aus, Menschenrechte und Grundfreiheiten weiterhin zu wahren und den Fortschritt der Demokratie auf ihrem Staatsgebiet zu festigen. Ferner anerkennen sie die unbedingte Notwendigkeit, der KSZE bei der Behandlung menschenrechtlicher Anliegen, die sich auf ihrem Staatsgebiet in dieser Zeit tiefgreifender Verän- derungen in Europa ergeben, größere Wirksamkeit zu verleihen.
Um den im Abschnitt über die menschliche Dimension der KSZE im Abschließenden Dokument des Wiener Treffens beschriebenen Mechanismus der menschlichen Dimension zu festigen und zu erweitern und um auf den im Dokument des Kopenhagener Treffens enthaltenen Verpflichtungen aufzubauen und dieser zu vertiefen, nehmen die Teilnehmerstaaten folgendes an:
I
(1) Die Teilnehmerstaaten unterstreichen, daß der in den Punkten 1 bis 4 des Abschnittes über die menschliche Dimension der KSZE des Abschließenden Dokuments des Wiener Treffens beschrie- bene Mechanismus der menschlichen Dimension eine wesentliche Errungenschaft des KSZE-Prozes- ses darstellt, der sich als Mittel zur Förderung der Achtung von Menschenrechten, Grundfreiheiten, Demokratie und Rechtsstaatlichkeit durch Dialog und Zusammenarbeit und zur Unterstützung der Lösung bestimmter einschlägiger Fragen bewährt hat. Um die Verwirklichung der KSZE-Ver- pflichtungen im Bereich der menschlichen Dimension weiter zu verbessern, beschließen sie, die Wirksamkeit dieses Mechanismus zu erhöhen und ihn – wie in den nachfolgenden Ziffern darge- legt – zu stärken und zu erweitern.
(2) Die Teilnehmerstaaten ändern Ziffer 42.1 und 42.2 des Dokuments des Kopenhagener Tref- fens dahingehend ab, daß sie auf Informationsersuchen und Vorstellungen, die von anderen Teil- nehmerstaaten – wie unter Punkt 1 des Mechanismus der menschlichen Dimension festgelegt – in schriftlicher Form an sie herangegangen wurden, eine schriftliche Antwort in kürzestmöglicher Zeit, jedoch spätestens nach zehn Tagen, erteilen werden. Bilaterale Treffen – wie in Punkt 2 des Mechanismus der menschlichen Dimension festgelegt – werden so rasch wie möglich, üblicher- weise aber innerhalb einer Woche nach dem Ersuchen abgehalten.
(3) Eine Liste, die pro Teilnehmerstaat bis zu drei von diesem ernannte Experten umfaßt, wird unverzüglich bei der KSZE-Institution* erstellt. Die Experten werden namhafte Persönlichkeiten, vorzugsweise mit einem hohen Maß an Erfahrung im Bereich der menschlichen Dimension sein, von denen eine unparteiische Wahrnehmung ihrer Aufgaben erwartet werden kann.
Die Experten werden nach freiem Ermessen des ernennenden Teilnehmerstaates für einen Zeit- raum von drei bis sechs Jahren ernannt, wobei jedoch kein Experte diese Funktion länger als zwei aufeinanderfolgende Perioden ausüben darf. Innerhalb von vier Wochen nach Bekanntgabe der Ernennung durch die KSZE-Institution kann jeder Teilnehmerstaat Vorbehalte gegen höchs- tens zwei der von einem anderen Teilnehmerstaat ernannten Experten erheben. In einem solchen Fall kann der ernennende Staat innerhalb von vier Wochen nach Bekanntgabe solcher Vorbe- halte seine Entscheidung überprüfen und einen anderen bzw. andere Experten ernennen; falls er die ursprünglich beabsichtigte Ernennung bestätigt, darf der betreffende Experte an keinem
* Die Entscheidung über die Institution obliegt dem Rat.
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Verfahren teilnehmen, das den Staat betrifft, der den Vorbehalt geäußert hat, es sei denn mit des- sen ausdrücklicher Zustimmung.
Die Liste findet Anwendung, sobald 45 Experten ernannt sind.
(4) Jeder Teilnehmerstaat kann um den Beistand einer aus höchstens drei Experten bestehenden KSZE-Mission ersuchen, die sich mit Fragen der menschlichen Dimension der KSZE auf seinem Staatsgebiet befassen oder zu deren Lösung beitragen soll. In einem solchen Fall wird der Staat die betreffende Person oder die betreffenden Personen aus der Liste auswählen. Der Expertenmission darf keine Person angehören, die Staatsangehörige dieses Teilnehmerstaates ist oder in diesem ihren Wohnsitz hat, noch dürfen ihr jene Personen angehören, die dieser Staat für die Liste benannt hat; sie darf pro Staat nicht mehr als eine Person umfassen, die Staatsangehörige des jeweiligen Staates ist bzw. in diesem ihren Wohnsitz hat.
Der einladende Staat wird die KSZE-Institution unverzüglich von der Bildung einer Expertenkom- mission benachrichtigen; die KSZE-Institution wird die daraufhin allen Teilnehmerstaaten noti- fizieren. Falls erforderlich, werden auch die KSZE-Institutionen dieser Mission eine angemessene Unterstützung zuteil werden lassen.
(5) Zweck einer Expertenmission ist es, die Lösung einer bestimmten Fragen oder eines Problems der menschlichen Dimension der KSZE zu erleichtern. Eine solche Mission kann die für die Durch- führung ihrer Aufgaben erforderlichen Informationen einholen und, wenn angebracht, ihre guten Dienste und Vermittlerdienste dazu nutzen, Dialog und Zusammenarbeit zwischen interessier- ten Parteien zu fördern. Der betroffene Staat wird sich mit der Mission über deren genauen Auf- gabenbereich einigen und kann somit der Expertenmission jegliche weitere Aufgabe übertragen, wie unter anderem Tatsachenfeststellung und Beratung, um Mittel und Wege für eine Verbesse- rung der Einhaltung der KSZE-Verpflichtungen vorzuschlagen.
(6) Der einladende Staat wird mit der Expertenmission in vollem Umfang zusammenarbeiten und deren Arbeit erleichtern. Er wird der Mission für die unabhängige Durchführung ihrer Aufga- ben alle erforderlichen Erleichterungen gewähren. Er wird der Mission zur Ausübung ihrer Tätig- keit unter anderem gestatten, unverzüglich in sein Staatsgebiet einzureisen, Gespräche zu führen, sich frei zu bewegen und mit staatlichen Vertretern, nichtstaatlichen Organisationen und jegli- cher Gruppe oder Einzelperson ungehindert zusammenzutreffen, von denen sie Informationen zu erhalten wünscht. Die Mission kann auch vertrauliche Informationen von jeglicher Gruppe, Per- son oder Organisation zu der von ihr behandelten Frage einholen. Die Mitglieder solcher Missio- nen werden den vertraulichen Charakter ihrer Arbeit wahren.
Die Teilnehmerstaaten werden sich jeglicher Handlung gegen Personen, Organisationen oder Ins- titutionen enthalten, die mit der Expertenmission in Kontakt standen oder an diese irgendwelche öffentlich zugängliche Informationen weitergegeben haben. Der einladende Staat wird jedem Ersu- chen einer Expertenmission um Begleitung durch staatliche Vertreter dieses Staates nachkommen, wenn die Mission dies zur Erleichterung ihrer Arbeit bzw. für ihre Sicherheit als notwendig erachtet.
(7) Die Expertenmission wird ihre Feststellungen dem einladenden Staat so rasch wie möglich vor- legen, vorzugsweise innerhalb von drei Wochen nach Einberufung der Mission. Der einladende Staat wird spätestens drei Wochen nach Vorlage der Feststellungen der Mission diese zusammen mit einer Darstellung der von ihm daraufhin unternommenen bzw. beabsichtigten Handlungen durch die KSZE-Institution an die anderen Teilnehmerstaaten weiterleiten.
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Der Ausschuß Hoher Beamter kann über diese Feststellungen und mögliche Kommentare des ein- ladenden Staates beraten und auch mögliche weitere Schritte in Betracht ziehen. Die Feststellun- gen und Kommentare werden solange vertraulich behandelt, bis sie den Hohen Beamten vorgelegt werden. Solange die Feststellungen und jeglicher Kommentar nicht verteilt sind, darf keine andere Expertenmission zu derselben Frage ernannt werden.
(8) Ein Teilnehmerstaat oder mehrere, die die Punkte 1 oder 2 des Mechanismus der menschlichen Dimension zur Anwendung gebracht haben, können darüber hinaus ersuchen, daß die KSZE-Ins- titution bei einem anderen Teilnehmerstaat anfragt, ob er mit der Einladung einer Expertenmis- sion zur Behandlung einer spezifischen, klar umrissenen Frage der menschlichen Dimension der KSZE auf seinem Staatsgebiet einverstanden ist. Falls der andere Teilnehmerstaat einverstanden ist, eine Expertenmission zu dem genannten Zweck einzuladen, findet das in Ziffer 4 bis 7 beschrie- bene Verfahren Anwendung.
(9) Falls ein Teilnehmerstaat a) gemäß Ziffer 8 eine Anfrage an einen anderen Teilnehmerstaat gerichtet und dieser Staat nicht innerhalb von zehn Tagen nach Eingang der Anfrage die Mission einberufen hat, oder b) befindet, daß die Expertenmission keine Lösung der betreffenden Frage erbracht hat, kann er – mit Unterstützung von mindestens fünf weiteren Teilnehmerstaaten – die Einberufung einer Mission von bis zu drei KSZE- Berichterstattern einleiten. Ein solcher Beschluß wird der KSZE-Institution mitgeteilt, die den betroffenen Staat sowie alle anderen Teilnehmer- staaten unverzüglich davon in Kenntnis setzt.
(10) Der ersuchende Staat bzw. die ersuchenden Staaten können eine Person aus der Liste als KSZE- Berichterstatter ernennen. Der ersuchte Staat kann nach eigenem Ermessen innerhalb von sechs Tagen nach Notifizierung der Ernennung des Berichterstatters durch die KSZE-Institution einen weiteren Berichterstatter aus der Liste ernennen. In einem solchen Fall werden die zwei ernannten Berichterstatter, die weder Staatsangehörige eines der betroffenen Staaten sein, noch ihren Wohn- sitz in einem dieser Staaten haben und auch nicht von irgendeinem der betroffenen Staaten für die Liste ernannt worden sein dürfen, im gegenseitigen Einvernehmen und unverzüglich einen dritten Berichterstatter aus der Liste ernennen. Falls sie innerhalb von acht Tagen keine einigung erzielen, wird ein dritter Berichterstatter, der weder Staatsangehöriger eines der betroffenen Staa- ten sein, noch seinen Wohnsitz in einem dieser Staaten haben und auch nicht von irgendeinem der betroffenen Staaten für die Liste ernannt worden sein darf, vom ranghöchsten Beamten des vom Rat bestimmten KSZE-Gremiums ernannt. Die Bestimmungen des zweiten Teils von Zif- fer 4 sowie der gesamten Ziffer 6 finden auch für die Mission von Berichterstattern Anwendung.
(11) Der/Die KSZE-Berichterstatter wird/werden die Tatsachen feststellen und darüber berich- ten und kann/können Empfehlungen für mögliche Lösungen der aufgeworfenen Frage abgeben. Der Bericht des Berichterstatters/der Berichterstatter, der die festgestellten Tatsachen, Vorschläge und Empfehlungen umfaßt, wird dem betroffenen Teilnehmerstaat bzw. den betroffenen Teilneh- merstaaten und – wenn von den betroffenen Staaten nicht anders vereinbart – der KSZE-Institu- tion spätestens drei Wochen nach Ernennung des letzten Berichterstatters vorgelegt. Der ersuchte Staat wird – falls von allen betroffenen Teilnehmerstaaten nicht anders vereinbart – spätestens drei Wochen nach Vorlage des Berichts der KSZE-Institution alle Bemerkungen zum Bericht zuleiten.
Die KSZE-Institution wird den Bericht sowie alle vom ersuchten Staat bzw. von irgendeinem ande- ren Teilnehmerstaat gemachten Bemerkungen unverzüglich an alle Teilnehmerstaaten weiterleiten. Der Bericht kann auf die Tagesordnung des nächsten ordentlichen Treffens des Ausschusses Hoher Beamter gesetzt werden, der über mögliche weitere Schritte entscheiden kann. Der Bericht bleibt bis zum Abschluß dieses Treffens des Ausschusses vertraulich. Solange der Bericht nicht verteilt ist, kann kein anderer Berichterstatter zu derselben Frage ernannt werden.
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(12) Falls ein Teilnehmerstaat der Meinung ist, daß in einem anderen Teilnehmerstaat eine besonders schwerwiegende Gefahr für die Verwirklichung der Bestimmungen der menschlichen Dimension der KSZE aufgetreten ist, kann er – mit Unterstützung von mindestens neun weiteren Teilneh- merstaaten – das in Ziffer 10 festgelegte Verfahren in Gang setzen. Es finden dann die in Ziffer 11 genannten Bestimmungen Anwendung.
(13) Auf Ersuchen eines jeglichen Teilnehmerstaates kann der Ausschuß Hoher Beamter beschlie- ßen, eine Mission von Experten bzw. KSZE-Berichterstattern einzusetzen. In einem solchen Fall wird der Ausschuß auch festlegen, ob die einschlägigen Bestimmungen der vorangegangenen Zif- fern Anwendung finden.
(14) Der bzw. die Teilnehmerstaaten, die um die Einsetzung einer Mission von Experten bzw. Berichterstattern ersucht haben, tragen die Kosten für diese Mission. Im Falle der Ernennung von Experten bzw. Berichterstattern aufgrund eines Beschlusses des Ausschusses Hoher Beamter wer- den die Kosten entsprechend dem üblichen Verteilerschlüssel der Kosten von den Teilnehmerstaa- ten getragen. Diese Verfahren werden auf dem KSZE-Folgetreffen von Helsinki überprüft werden.
(15) Keine der vorstehenden Bestimmungen beeinträchtigt in irgendeiner Weise das Recht der Teilnehmerstaaten, im Rahmen des KSZE-Prozesses Fragen bezüglich der Verwirklichung irgend- welcher KSZE-Verpflichtungen aufzuwerfen, einschließlich jeglicher Verpflichtung im Bereich der menschlichen Dimension der KSZE.
(16) Wenn die in Ziffer 9 und 10 bzw. 12 genannten Verfahren im Falle einer Einzelperson in Gang gesetzt werden sollen, sollten die Teilnehmerstaaten berücksichtigen, ob der Fall dieser Einzelper- son nicht bereits in einem internationalen gerichtlichen Verfahren anhängig ist.
Jede Bezugnahme auf den Ausschuß Hoher Beamter im vorliegenden Dokument gilt vorbehalt- lich der Entscheidung dieses Ausschusses und des Rates.
II
(17) Die Teilnehmerstaaten (17.1) – verurteilen vorbehaltlos Kräfte, die bestrebt sind, gegen den in freien und fairen Wahlen zum Ausdruck gebrachten Willen des Volkes und im Widerspruch zur rechtmäßig geschaffenen Verfassungsordnung eine parlamentarische Regierung eines Teilnehmerstaates zu entmachten; (17.(2) – werden – in Übereinstimmung mit der Charta der Vereinten Nationen – im Falle eines durch undemokratische Mittel herbeigeführten Sturzes oder des versuchten Sturzes einer recht- mäßig gewählten Regierung eines Teilnehmerstaates die rechtmäßigen Organe dieses Staates, die für Menschenrechte, Demokratie und Rechtsstaatlichkeit stehen, mit großem Nachdruck unter- stützen, um ihrer gemeinsamen Verpflichtung nachzukommen, sich jeglichem auf eine Verletzung dieser Grundwerte abzielenden Versuch entgegenzustellen; (17.3) – anerkennen die Notwendigkeit, im Rahmen von Sicherheit und Zusammenarbeit in Europa einzeln und gemeinsam weitere Bemühungen im Bereich der Menschenrechte, der Demokratie und Rechtsstaatlichkeit zu unternehmen, um den demokratischen Fortschritt unumkehrbar zu machen und jedes Zurückbleiben hinter den Normen zu verhindern, die in den Prinzipien und Bestimmungen der Schlußakte, des Abschließenden Dokuments des Wiener Treffens, des Doku- ments des Kopenhagener Treffens und der Charta von Paris für ein neues Europa sowie im vor- liegenden Dokument enthalten sind.
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(18) Teilnehmerstaaten verweisen auf ihr im Dokument des Kopenhagener Treffens enthaltenes Bekenntnis zur Rechtsstaatlichkeit und bekräftigen ihre umfassende Bereitschaft, die die Grund- lage der Rechtsstaatlichkeit bildenden Prinzipien der Gerechtigkeit zu unterstützen und zu fördern. Insbesondere bekräftigen sie erneut, daß Demokratie ein der Rechtsstaatlichkeit innewohnendes Element darstellt und daß Pluralismus für politische Organisationen von Bedeutung ist. (18.1) Gesetze werden in einem offenen Verfahren erarbeitet und angenommen, in dem der Wille der Menschen entweder auf direkte Weise oder durch deren gewählte Vertreter zum Ausdruck gebracht wird. (18.2) Jedermann verfügt über ein wirksames Rechtsmittel gegen Entscheidungen der Verwal- tung, so daß die Achtung der Grundrechte sichergestellt und die Rechtssicherheit gewährleistet ist; (18.3) Zu diesem Zweck werden gegen Verordnungen der Verwaltung wirksame Rechtsmittel für dadurch betroffene Einzelpersonen bestehen. (18.4) Die Teilnehmerstaaten werden bestrebt sein, für eine gerichtliche Überprüfung solcher Ver- ordnungen und Entscheidungen zu sorgen.
(19) Die Teilnehmerstaaten (19.1) – werden die international anerkannten Normen beachten, die sich auf die Unabhängigkeit der Richter und der Anwaltschaft sowie auf das unparteiische Wirken der staatlichen Rechtsor- gane beziehen, darunter die Allgemeine Erklärung der Menschenrechte und den Internationalen Pakt über bürgerliche und politische Rechte; (19.2) – werden bei der Verwirklichung der einschlägigen Normen und Verpflichtungen gewähr- leisten, daß die Unabhängigkeit der Gerichtsbarkeit garantiert und in der Verfassung bzw. den Gesetzen des Landes verankert sowie in der Praxis angewandt wird – unter besonderer Berück- sichtigung der ‚Grundprinzipien für die Unabhängigkeit der Gerichtsbarkeit‘, die unter anderem Sorge tragen für: (i) das Verbot unstatthafter Beeinflussung von Richtern; (ii) die Verhinderung der Überprüfung richterlicher Entscheidungen durch Verwaltungsbehör- den, ausgenommen durch die mit dem Gesetz in Einklang stehende Milderung oder Umwand- lung von Gerichtsurteilen durch die zuständigen Behörden; (iii) den Schutz des Rechts der Richter auf freie Meinungsäußerung und Vereinigung, das nur funktionsbedingten Einschränkungen unterliegen darf; (iv) die Gewährleistung einer angemessenen Qualifikation, Ausbildung und Auswahl von Rich- tern ohne jegliche Diskriminierung; (v) die Garantie der Amtsdauer und angemessener Arbeitsbedingungen, einschließlich – gege- benenfalls – der Beförderung von Richtern; (vi) die Wahrung der Immunitätsbestimmungen; (vii) die Gewährleistung, daß Disziplinarmaßnahmen, Suspendierung und Amtsenthebung von Richtern durch gesetzliche Bestimmungen geregelt werden.
(20) Zur Förderung der Unabhängigkeit der Gerichte werden die Teilnehmerstaaten: (20.1) – anerkennen, daß eine bedeutende Aufgabe nationaler und internationaler Richterund Anwaltsvereinigungen darin bestehen kann, der Unabhängigkeit ihrer Mitglieder größere Gel- tung zu verschaffen und hinsichtlich der Rolle des Richterund Anwaltsberufs in der Gesellschaft aufklärend zu wirken;
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(20.2) – Dialog, Austausch und Zusammenarbeit zwischen nationalen Vereinigungen und ande- ren Gruppen, die an der Wahrung der Unabhängigkeit der Gerichte und des Schutzes der Anwalt- schaft interessiert sind, fördern und erleichtern; (20.3) – unter anderem durch Dialog, Kontakte und Austausch zusammenarbeiten, um Problem- bereiche hinsichtlich des Schutzes der Unabhängigkeit der Richter und der Anwaltschaft aufzuzei- gen und um Mittel und Wege zur Behandlung und Lösung dieser Probleme zu finden; (20.4) – kontinuierlich zusammenarbeiten, wie etwa im Bereich der Ausbildung und Schulung von Richtern und Anwälten sowie der Erarbeitung und Annahme von Gesetzen, die ihrer Unab- hängigkeit und dem unparteiischen Wirken der staatlichen Rechtsorgane größere Geltung ver- schaffen sollen.
(21) Die Teilnehmerstaaten werden (21.1) – alle notwendigen Maßnahmen ergreifen, um zu gewährleisten, daß die Vollzugsbeamten bei der Aufrechterhaltung der öffentlichen Ordnung im öffentlichen Interesse und den Bedürf- nissen der Lage entsprechend handeln, dabei ein legitimes Ziel verfolgen sowie den Umständen angemessene Mittel und Wege anwenden werden, die nicht über die Erfordernisse des Gesetzes- vollzugs hinausgehen; (21.2) – gewährleisten, daß der Gesetzesvollzug der gerichtlichen Kontrolle unterliegt, daß Voll- zugsbeamte für solche Handlungen rechenschaftspflichtig sind und daß Opfer von Handlungen, die eine Verletzung der obenstehenden Verpflichtungen darstellen, eine angemessene Entschädi- gung nach dem Gesetz des jeweiligen Staates verlangen können.
(22) Die Teilnehmerstaaten werden geeignete Maßnahmen ergreifen, um zu gewährleisten, daß die Vollzugsbeamten im Verlauf ihrer Ausbildung über die Unzulässigkeit übermäßiger Gewalt- anwendung und über die einschlägigen internationalen und innerstaatlichen Verhaltensregeln aufgeklärt werden.
(23) Die Teilnehmerstaaten werden alle ihrer Freiheit beraubten Personen menschlich und unter Achtung der ihnen innewohnenden Menschenwürde sowie unter Einhaltung der international aner- kannten Normen in bezug auf die Justizverwaltung und die Menschenrechte Inhaftierter behandeln. (23.1) Die Teilnehmerstaaten werden gewährleisten, daß (i) ein Freiheitsentzug nur dann erfolgt, wenn die im Gesetz dafür vorgesehenen Gründe vor- liegen und die gesetzlich festgelegten Verfahren eingehalten werden; (ii) jeder Festgenommene umgehend in einer ihm verständlichen Sprache über die Gründe sei- ner Festnahme informiert und gegebenenfalls über die ihm zur Last gelegten Tatbestände auf- geklärt wird; (iii) jede ihrer Freiheit beraubte Person umgehend über die ihr nach dem Recht des jeweiligen Staates zustehenden Rechte informiert wird; (iv) jede Person, die festgenommen oder in Haft gehalten wird, das Recht hat, unverzüglich einem Richter oder einem anderen gesetzlich befugten Beamten vorgeführt zu werden, damit über die Rechtmäßigkeit ihrer Festnahme oder Inhaftierung entschieden werden kann, und sie unverzüglich freigelassen wird, wenn sich die Festnahme oder Inhaftierung als ungerechtfer- tigt erweist; (v) jeder, der unter Strafanklage steht, das Recht hat, sich persönlich oder durch einen Rechts- beistand seiner Wahl zu verteidigen, bzw. Anspruch auf einen unentgeltlichen Rechtsbeistand hat, wenn er nicht über die erforderlichen Mittel verfügt und dies im Interesse der Gerechtig- keit liegt;
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(vi) jeder Festgenommene oder Inhaftierte das Recht hat, geeignete Personen seiner Wahl von seiner Festnahme, Inhaftierung, Haft und von seinem Aufenthaltsort ohne ungebührliche Ver- zögerung zu verständigen oder die zuständige Behörde zu ersuchen, eine solche Verständigung vorzunehmen; jegliche Beschränkung bei der Ausübung dieses Rechts ist durch das Gesetz und in Übereinstimmung mit internationalen Normen festzulegen; (vii) wirksame Maßnahmen ergriffen werden, sofern dies noch nicht geschehen ist, um zu ver- hindern, daß Vollzugsorgane die Lage von Festgenommenen oder Inhaftierten zur Erzwingung von Geständnissen oder sonstigen Selbstbeschuldigungen oder von Aussagen gegen andere Per- sonen ausnutzen; (viii) die Dauer jedes Verhörs und die dazwischenliegenden Zeitabstände entsprechend der jewei- ligen innerstaatlichen Rechtsordnung in beglaubigter Form festgehalten werden; (ix) ein Festgenommener oder sein Rechtsbeistand das Recht haben, bei den für die Verwaltung des Aufenthaltsortes des Inhaftierten zuständigen Behörden und bei übergeordneten Behörden – erforderlichenfalls bei Beschwerde- und Rechtsmittelinstanzen – Ersuchen oder Beschwerden hinsichtlich seiner Behandlung vorzubringen, insbesondere im Falle von Folter oder anderer grausamer, unmenschlicher oder erniedrigender Behandlung; (x) ein solches Ersuchen oder eine solche Beschwerde rasch behandelt und ohne ungerechtfer- tigte Verzögerung beantwortet wird. Wenn das Ersuchen oder die Beschwerde zurückgewiesen oder unbegründet verzögert wird, ist der Beschwerdeführer berechtigt, sein Anliegen bei einer gerichtlichen oder anderen Instanz vorzubringen; weder dem Festgenommenen oder Inhaftierten noch irgendeinem Beschwerdeführer dürfen aufgrund eines Ersuchens oder einer Beschwerde Nachteile erwachsen; (xi) jeder, der Opfer einer ungerechtfertigten Festnahme oder Inhaftierung wurde, einen recht- lich durchsetzbaren Anspruch auf Entschädigung geltend machen kann. (23.2) Die Teilnehmerstaaten werden (i) bestrebt sein, erforderlichenfalls Maßnahmen zu ergreifen, um die Lage der Festgenomme- nen und Inhaftierten zu verbessern; (ii) Alternativen zum Freiheitsentzug besondere Aufmerksamkeit schenken.
(24) Die Teilnehmerstaaten bekräftigen das Recht auf Schutz des Privat- und Familienlebens und des Wohnbereichs sowie auf Wahrung des Brief- und Fernmeldegeheimnisses. Zur Vermeidung jeder eine demokratische Gesellschaft verletzenden, ungerechtfertigten bzw. willkürlichen Einmi- schung des Staates in den Privatbereich des einzelnen darf die Ausübung dieses Rechts nur solchen Einschränkungen unterliegen, die gesetzlich vorgeschrieben und mit den international anerkannten Menschenrechtsnormen vereinbar sind. Insbesondere werden die Teilnehmerstaaten gewährleis- ten, daß Durchsuchung und Festnahme von Personen sowie Durchsuchung und Beschlagnahme von Privatbesitz und persönlichem Eigentum nur in Übereinstimmung mit gerichtlich durchsetz- baren Regeln vorgenommen werden dürfen.
(25) Die Teilnehmerstaaten werden (25.1) – gewährleisten, daß ihre Streitkräfte und paramilitärischen Einheiten, ihre Organe der inne- ren Sicherheit und Geheimdienste sowie die Polizei der wirksamen Leitung und Kontrolle durch die zuständigen zivilen Behörden unterstellt sind; (25.2) – die Kontrolle über den Einsatz von Streitkräften und paramilitärischen Einheiten sowie über die Aktivitäten der Organe der inneren Sicherheit, der Geheimdienste und der Polizei durch die Exekutive weiterhin ausüben und, wo notwendig, verstärken;
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(25.3) – geeignete Schritte unternehmen – wo immer dies noch nicht geschehen ist -, um wirk- same Vorkehrungen für eine Aufsicht der gesetzgebenden Organe über alle diese Kräfte, Dienste und Aktivitäten zu schaffen und diese aufrechtzuerhalten.
(26) Teilnehmerstaaten bekräftigen das Recht auf freie Meinungsäußerung, einschließlich des Rechts auf Nachrichtenaustausch und des Rechts der Medien, Informationen, Nachrichten und Meinungen zu sammeln, zu berichten und zu verbreiten. Jegliche Beschränkung der Ausübung dieses Rechts wird durch das Gesetz und in Übereinstimmung mit internationalen Normen fest- gelegt. Sie anerkennen ferner, daß unabhängige Medien wesentlich für eine freie und offene Gesell- schaft und für rechenschaftspflichtige Regierungssysteme sind, und daß sie für die Wahrung der Menschenrechte und Grundfreiheiten von besonderer Bedeutung sind. (26.1) Sie sind der Auffassung, daß Presse, Rundfunk und Fernsehen auf ihrem Staatsgebiet unge- hinderten Zugang zu ausländischen Medien- und Informationsdiensten haben sollten. Auch die Öffentlichkeit wird über die gleiche Freiheit zum Empfang und zur Mitteilung von Nachrichten und Ideen, einschließlich ausländischer Veröffentlichungen und Sendungen, ohne Eingriff öffent- licher Behörden und ohne Rücksicht auf Landesgrenzen, verfügen. Jedwede Beschränkung der Ausübung dieses Rechts muß den Gesetzen entsprechend und in Übereinstimmung mit interna- tionalen Normen festgelegt werden. (26.2) Die Teilnehmerstaaten werden unabhängige Medien hinsichtlich des Zugangs zu Informa- tionen, Material und Einrichtungen nicht benachteiligen.
(27) Die Teilnehmerstaaten (27.1) – bekunden ihre Absicht, im Bereich des Verfassungs-, Verwaltungs-, Handels-, Zivil- und Sozialrechts sowie in anderen einschlägigen Bereichen zusammenzuarbeiten, um auf der Wah- rung der Menschenrechte, der Rechtsstaatlichkeit und der Demokratie beruhende Rechtssysteme insbesondere in Staaten, so diese noch nicht bestehen, zu entwickeln; (27.2) – beabsichtigen zu diesem Zweck die Fortsetzung und Verstärkung der bilateralen und multilateralen Rechts- und Verwaltungszusammenarbeit, unter anderem in folgenden Bereichen: • Entwicklung eines wirksamen Verwaltungssystems; • Hilfestellung bei der Ausarbeitung von Gesetzen und Verordnungen; • Ausbildung von Personal im Verwaltungs- und Rechtsbereich; • Austausch von juristischen Werken und Periodika.
(28) Die Teilnehmerstaaten erachten es für wichtig, die Menschenrechte und Grundfreiheiten wäh- rend eines öffentlichen Notstands zu schützen, die einschlägigen Bestimmungen des Dokuments des Kopenhagener Treffens zu berücksichtigen und die internationalen Konventionen, denen sie beigetreten sind, einzuhalten. (28.1) Die Teilnehmerstaaten bekräftigen, daß im Einklang mit den völkerrechtlichen Verpflich- tungen des jeweiligen Staates und den KSZE-Verpflichtungen ein öffentlicher Notstand nur unter ganz außergewöhnlichen und schwerwiegenden Umständen gerechtfertigt ist. Ein öffentlicher Notstand darf weder der Untergrabung der demokratischen Verfassungsordnung dienen noch auf die Abschaffung international anerkannter Menschenrechte und Grundfreiheiten abzielen. Sollte Gewaltanwendung unvermeidlich sein, muß davon angemessen und in geringstmöglichem Aus- maß Gebrauch gemacht werden. (28.2) Ein öffentlicher Notstand darf nur von einem verfassungsmäßig dazu bevollmächtigten Organ verhängt werden. Wenn die Organe der Exekutive gesetzlich befugt sind, einen Beschluß
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über die Verhängung des öffentlichen Notstands zu fassen, sollte das gesetz-gebende Organ ihm innerhalb kürzester Zeit zustimmen oder ihn überprüfen. (28.(3) Der Beschluß über die Verhängung eines öffentlichen Notstands wird amtlich und öffentlich und in Übereinstimmung mit den gesetzlichen Bestimmungen bekanntgemacht. In einem solchen Beschluß wird, wenn möglich, der territoriale Geltungsbereich des öffentlichen Notstands festge- legt. Der betroffene Staat wird seine Staatsangehörigen unverzüglich darüber informieren, welche Maßnahmen eingeleitet wurden. Der öffentliche Notstand wird sobald wie möglich aufgehoben und nicht länger in Kraft bleiben, als es unter den gegebenen Umständen unbedingt erforderlich ist. (28.4) Eine mit gesetzlichen Bestimmungen nicht im Einklang stehende de-facto-Verhängung bzw. -Fortsetzung eines öffentlichen Notstands ist nicht zulässig. (28.5) Die Teilnehmerstaaten werden bestrebt sein zu gewährleisten, daß die normalen Funktio- nen der Gesetzgebungsorgane während eines öffentlichen Notstands in höchst-möglichem Maße garantiert werden. (28.6) Die Teilnehmerstaaten bestätigen, daß jede Außerkraftsetzung von Verpflichtungen hinsicht- lich der Menschenrechte und Grundfreiheiten während eines öffentlichen Not-stands nur unter strikter Einhaltung des Völkerrechts vorgenommen werden darf, insbe-sondere der einschlägigen internationalen Dokumente, an die sie gebunden sind, unter besonderer Beachtung jener Rechte, die nicht außer Kraft gesetzt werden dürfen. (28.7) Die Teilnehmerstaaten werden bestrebt sein, auch jene Verpflichtungen nicht außer Kraft zu setzen, die gemäß internationalen Konventionen, denen sie beigetreten sind, im Falle eines öffent- lichen Notstands außer Kraft gesetzt erden dürfen. Maßnahmen, die solche Verpflichtungen außer Kraft setzen, sind unter strikter Einhaltung der in diesen Dokumenten festgelegten Verfahrensre- geln zu treffen. Solche Maßnahmen werden weder weiter gehen noch länger Gültigkeit haben, als es unter den gegebenen Umständen unbedingt erforderlich ist; es handelt sich ihrem Wesen nach um außergewöhnliche Maßnahmen, die nur einschränkend ausgelegt und angewandt werden soll- ten. Solche Maßnahmen werden eine Diskriminierung allein aufgrund der Rasse, der Hautfarbe, des Geschlechts, der Sprache, der Religion, der sozialen Herkunft oder der Zugehörigkeit zu einer Minderheit ausschließen. (28.8) Die Teilnehmerstaaten werden bestrebt sein zu gewährleisten, daß sie für die Aufrecht-erhal- tung der Rechtsstaatlichkeit erforderlichen gesetzlichen Garantien auch während eines öffentlichen Notstand in Kraft bleiben. Sie werden bestrebt sein, in ihrer Rechtsordnung Kontrollmechanismen für die Notstandsverordnungen sowie deren Durchführung aufzunehmen. (28.9) Die Teilnehmerstaaten werden bestrebt sein, die Meinungsäußerungs- und Informa-tions- freiheit in Übereinstimmung mit ihren internationalen Verpflichtungen aufrecht-zuerhalten, damit eine öffentliche Diskussion über die Einhaltung der Menschenrechte und Grundfreiheiten sowie über die Aufhebung des öffentlichen Notstands möglich ist. Sie werden in Übereinstimmung mit den internationalen Normen im Bereich der Wahrung der Meinungsfreiheit keine Maßnahmen ergreifen, die darauf abzielen, Journalisten bei der rechtmäßigen Ausübung ihrer beruflichen Tätig- keit zu behindern, ausgenommen jene Maßnahmen, die unter den gegebenen Umständen unbe- dingt erforderlich sind. (28.10) Wenn ein öffentlicher Notstand in einem Teilnehmerstaat verhängt bzw. aufgehoben wird, wird der betreffende Staat die KSZE-Institution* unverzüglich von dieserEntscheidung sowie von jeglicher Außerkraftsetzung von internationalen Menschenrechtsverpflichtungen dieses Staates in Kenntnis setzen. Die Institution wird den anderen Teilnehmerstaaten unverzüglich Mittei- lung machen.
* Die Entscheidung über die Institution obliegt dem Rat.
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(29) Im Bewußtsein ihres gemeinsamen Interesses an der Förderung der Kontakte und des Infor- mationsaustauschs zwischen Ombudsmännern und anderen Institutionen, die mit ähnlichen Funk- tionen zur Prüfung von Beschwerden einzelner Bürger über öffentliche Behörden betraut sind, nehmen die Teilnehmerstaaten mit Genugtuung Kenntnis vom Angebot Spaniens, Gastland für ein Ombudsmann-Treffen zu sein.
(30) Die Teilnehmerstaaten regen an, daß die dazu berufenen KSZE-Gremien eine Erweiterung des Aufgabenbereichs des Büros für freie Wahlen in Erwägung ziehen, damit es bei der Festigung demokratischer Institutionen in den Teilnehmerstaaten Hilfestellung leisten kann.
(31) Die Teilnehmerstaaten anerkennen die reichen Erfahrungen und Sachkenntnisse des Europa- rats im Bereich der Menschenrechte. Sie begrüßen dessen Beitrag zur Stärkung der Demokratie in Europa, einschließlich seiner Bereitschaft, seine Erfahrungen der KSZE zur Verfügung zu stellen.
III
(32) Die Teilnehmerstaaten bekräftigen ihre fortdauernde Verpflichtung gegenüber den Prinzi- pien und Bestimmungen der Schlußakte, des Abschließenden Dokuments des Wiener Treffens und anderer einschlägiger KSZE-Dokumente, in denen sie sich unter anderem dazu verpflichtet haben, die Menschenrechte und Grundfreiheiten zu achten und zu gewährleisten, daß diese für alle Menschen unterschiedslos garantiert werden.
(33) Die Teilnehmerstaaten werden für die eigenen Staatsangehörigen und für Ausländer alle gesetzlichen sowie anderen Reisebeschränkungen innerhalb ihres Staatsgebiets und für Perso- nen mit Niederlassungsrecht die Niederlassungsbeschränkungen aufheben – mit Ausnahme jener Beschränkungen, die in Übereinstimmung mit ihren innerstaatlichen Gesetzen, welche mit den KSZE-Verpflichtungen und den internationalen Menschenrechtsverpflichtungen in Einklang ste- hen, aus militärischen, Sicherheits-, ökologischen oder anderen legitimen staatlichen Interessen erforderlich sein könnten und offiziell als solche bekanntgegeben werden. Die Teilnehmerstaaten verpflichten sich, solche Beschränkungen auf einem Mindestmaß zu halten.
(34) Die Teilnehmerstaaten werden, ob angebracht, alle geeigneten Maßnahmen zum Schutz von Journalisten ergreifen, die sich auf gefährlichen Dienstreisen – insbesondere in Fällen bewaffneter Konflikte – befinden, und werden zu diesem Zweck zusammenarbeiten. Zu diesen Maßnahmen wird die Suche nach verschollenen Journalisten ebenso gehören wie das Bemühen, Gewißheit über ihr Schicksal zu erhalten, ihnen eine angemessene Hilfestellung zu leisten und ihnen die Rück- kehr zu ihren Familien zu erleichtern.
(35) Die Teilnehmerstaaten bekräftigen, daß die Gewährleistung der Freiheit künstlerischen Schaf- fens und die Bewahrung des kulturellen Erbes ein Teil der menschlichen Dimension der KSZE sind. Sie sind der Meinung, daß ein unabhängiges intellektuelles und kulturelles Leben für die Aufrecht- erhaltung freier Gesellschaften und demokratischer Institutionen entscheidend ist. Sie werden ihre im Dokument des Symposiums über das kulturelle Erbe in Krakau eingegangenen Verpflichtungen im kulturellen Bereich durchführen und sind der Meinung, daß kulturelle Fragen, einschließlich kultureller Freiheit, Kreativität und Zusammenarbeit, in der KSZE weiter erwogen werden sollten.
(36) Die Teilnehmerstaaten erinnern an ihre im Abschließenden Dokument des Wiener Treffens eingegangene Verpflichtung, die Frage der Todesstrafe weiterzuverfolgen, und bekräftigen ihre im Dokument des Kopenhagener Treffens eingegangenen Verpflichtungen, Informationen über die Abschaffung der Todesstrafe auszutauschen und der Öffentlichkeit Informationen über die Anwendung der Todesstrafe zur Verfügung zu stellen.
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(36.1) Sie stellen fest (i) daß das Zweite Fakultativprotokoll zum Internationalen Pakt über bürgerliche und politische Rechte, das die Abschaffung der Todesstrafe zum Ziel hat, am 11. Juli 1991 in Kraft getreten ist; (ii) daß in letzter Zeit eine Reihe von Teilnehmerstaaten Schritte zur Abschaffung der Todes- strafe unternommen haben; (iii) daß sich mehrere nichtstaatliche Organisationen aktiv mit der Frage der Todesstrafe aus- einandersetzen.
(37) Die Teilnehmerstaaten bekräftigen die in allen KSZE-Dokumenten, insbesondere im Doku- ment des Kopenhagener Treffens der Konferenz über die Menschliche Dimension der KSZE enthal- tenen Bestimmungen und Verpflichtungen im Bereich der nationalen Minderheiten und der Rechte der Angehörigen nationaler Minderheiten sowie jene im Bericht des Genfer KSZE-Expertentref- fens über nationale Minderheiten enthaltenen Bestimmungen und Verpflichtungen und fordern zu deren uneingeschränkten und baldigen Verwirklichung auf. Sie sind der Meinung, daß insbeson- dere die Anwendung der neuen und erweiterten KSZE-Mechanismen und Verfahren zum besseren Schutz und zur Förderung der Rechte von Angehörigen nationaler Minderheiten beitragen wird.
(38) Die Teilnehmerstaaten anerkennen die Notwendigkeit, die Rechte der sich rechtmäßig in den Teilnehmerstaaten aufhaltenden Wanderarbeiter und ihrer Familien zu achten, und unterstrei- chen deren Recht, ihre ethnischen, kulturellen, religiösen und sprachlichen Besonderheiten frei zum Ausdruck bringen zu können. Sie Ausübung dieser Rechte darf Einschränkungen unterlie- gen, soweit diese im Gesetz vorgesehen sind und mit internationalen Normen in Einklang stehen. (38.1) Sie verurteilen alle Handlungen, die von Diskriminierung aus Gründen der Rasse, der Haut- farbe und der ethnischen Herkunft, von Intoleranz und Fremdenhaß gegen die Wanderarbeiter gekennzeichnet sind. Sie werden im Einklang mit ihrer innerstaatlichen Rechtsordnung und mit ihren internationalen Verpflichtungen wirksame Maßnahmen zur Förderung von Toleranz, Ver- ständigung, Chancengleichheit und Achtung der grundlegenden Menschenrechte der Wanderarbei- ter ergreifen. Falls dies noch nicht geschehen ist, werden sie Maßnahmen treffen, die Handlungen verhindern sollen, die auf der Grundlage von Diskriminierung, Feindseligkeit oder Haß aus natio nalen, rassischen, ethnischen oder religiösen Gründen zu Gewalt aufhetzen. (38.2) Sie werden geeignete Maßnahmen ergreifen, die den Wanderarbeitern die Teilnahme am öffentlichen Leben der Teilnehmerstaaten ermöglichen. (38.3) Sie stellen fest, daß Fragen der menschlichen Dimension betreffend Wanderarbeiter, die auf ihrem Staatsgebiet leben, sowie jegliche andere Frage der menschlichen Dimension im Rahmen des Mechanismus der menschlichen Dimension aufgeworfen werden könnten. (38.4) Sie empfehlen, daß die KSZE bei ihrer künftigen Arbeit im Bereich der menschlichen Dimen- sion geeignete Maßnahmen in Betracht zieht, um alle Fragen betreffend Wanderarbeiter konzen- triert zu diskutieren, unter anderem auch die, sich mit der Sprache und dem öffentlichen Leben des jeweiligen Staates vertraut zu machen.
(39) Die Teilnehmerstaaten werden (39.1) – ihre Bereitschaft zur raschen und wirksamen Durchführung humanitärer Hilfsmaßnah- men erhöhen und in dieser Hinsicht umfassend zusammenarbeiten; (39.2) – alle erforderlichen Schritte unternehmen, um einen raschen und ungehinderten Zugang zu den betroffenen Gebieten für solche Hilfsmaßnahmen zu erleichtern; (39.3) – die erforderlichen Vorkehrungen für die Durchführung solcher Hilfsmaßnahmen treffen.
104 Moskau 1991
(40) Die Teilnehmerstaaten anerkennen, daß eine volle und echte Gleichstellung von Mann und Frau ein grundlegender Aspekt einer gerechten und demokratischen, auf Rechtsstaatlichkeit beru- henden Gesellschaft ist. Sie anerkennen, daß die volle Entfaltung einer Gesellschaft und das Wohl- ergehen aller ihrer Mitglieder Chancengleichheit im Hinblick auf eine volle Teilnahme von Mann und Frau erfordern. In diesem Zusammenhang werden sie (40.1) – gewährleisten, daß alle KSZE-Verpflichtungen bezüglich des Schutzes und der Förderung der Menschenrechte und Grundfreiheiten in vollem Umfang und ohne Diskriminierung aufgrund des Geschlechts angewandt werden; (40.2) – das Übereinkommen zur Beseitigung jeder Form von Diskriminierung der Frau (CEDAW) in vollem Umfang einhalten, falls sie diesem bereits beigetreten sind, und, sofern dies noch nicht geschehen ist, die Ratifizierung bzw. den Beitritt zu diesem Übereinkommen in Erwägung zie- hen; Staaten, die bei der Ratifizierung oder beim Beitritt zu diesem Übereinkommen Vorbehalte angebracht haben, werden deren Rücknahme in Erwägung ziehen; (40.3) – die von ihnen in internationalen Dokumenten eingegangenen Verpflichtungen wirksam umsetzen und geeignete Maßnahmen zur Verwirklichung der von den Vereinten Nationen in Nai- robi verabschiedeten Zukunftsstrategien für die Förderung der Frau (FLS) treffen; (40.4) – an ihrem Ziel festhalten, die Chancengleichheit von Mann und Frau nicht nur de iure son- dern auch de facto zu erzielen und diesbezügliche wirksame Maßnahmen zu fördern; (40.5) – wenn angebracht, innerstaatliche Instrumente zur Förderung der Frauen schaffen bzw. stärken, um zu gewährleisten, daß Programme und politische Maßnahmen im Hinblick auf ihre Auswirkungen auf Frauen beurteilt werden; (40.6) – zu Maßnahmen zur vollen wirtschaftlichen Gleichstellung der Frauen ermutigen, ein- schließlich einer unterschiedslosen Beschäftigungspolitik und -praxis, gleichen Zugangs zu Erzie- hung und Ausbildung, sowie zu Maß-nahmen, die weiblichen und männlichen Arbeitnehmern die Verbindung von Beruf und familiären Verpflichtungen erleichtern; sie werden bestrebt sein zu gewährleisten, daß sich alle auf einen Strukturwandel abzielenden politischen Konzepte oder Programme nicht zum Nachteil von Frauen auswirken; (40.7) – bestrebt sein, alle Formen von Gewalt gegen Frauen sowie alle Formen von Frauenhan- del und Ausbeutung weiblicher Prostitution zu unterbinden, einschließlich durch Gewährleistung angemessener gesetzlicher Verbote solcher Handlungen sowie anderer geeigneter Maßnahmen; (40.8) – zu Chancengleichheit aufrufen und diese fördern, damit sich Frauen in vollem Umfang an allen Bereichen des politischen und öffentlichen Lebens sowie an Entscheidungsprozessen und der internationalen Zusammenarbeit im allgemeinen beteiligen können; (40.9) – die bedeutsame Rolle von Frauen und Frauenorganisationen auf nationaler und interna- tionaler Ebene bei der Förderung und Verbesserung der Rechte der Frau anerkennen, indem sie unter anderem Frauen ihre Mithilfe und Unterstützung zusichern und zu einem sinnvollen Mit- einander von Regierungen und diesen Organisationen ermutigen, um Fortschritte bei der Gleich- stellung der Frauen zu erreichen; (40.10) – den großen Beitrag von Frauen in allen Bereichen des politischen, kulturellen, sozialen und wirtschaftlichen Lebens anerkennen und ein breites Verständnis für diese Beiträge – ein- schließlich derjenigen in informellen und unentlohnten Bereichen – fördern; (40.11) – Maßnahmen treffen, um dazu zu ermutigen, daß Informationen über Frauen und über im Völkerrecht und in der innerstaatlichen Gesetzgebung verankerte Rechte der Frauen ohne wei- teres zugänglich sind; (40.12) – eine mit ihrem Verfassungssystem in Einklang stehende Bildungspolitik entwickeln, um die Beteiligung von Frauen in allen Bereichen der Ausbildung und Arbeit, einschließlich in
105 Moskau 1991
nichttraditionellen Bereichen, zu unterstützen und um zu einem größeren Verständnis für Fragen der Gleichberechtigung von Mann und Frau zu ermutigen und beizutragen; (40.13) – für die Zusammenstellung und Auswertung von Daten sorgen, um die Lage der Frauen angemessen zu beurteilen, zu prüfen und zu verbessern; diese Daten sollten keine personenbezo- genen Angaben enthalten.
(41) Die Teilnehmerstaaten beschließen (41.1) – den Schutz der Menschenrechte für Behinderte zu gewährleisten; (41.2) – Maßnahmen zu treffen, um die Chancengleichheit und die volle Teilnahme solcher Per- sonen am öffentlichen Leben zu gewährleisten; (41.3) – die angemessene Beteiligung solcher Personen an sie betreffenden Entscheidungen zu för- dern; (41.4) – zu Dienstleistungen und zur Ausbildung von Sozialarbeitern im Hinblick auf die berufli- che und soziale Eingliederung von Behinderten zu ermutigen; (41.5) – zu günstigen Zugangsmöglichkeiten für Behinderte zu öffentlichen Gebäuden und Ein- richtungen, zu Wohnhäusern, Transportmitteln sowie kulturellen Veranstaltungen und Erho- lungsmöglichkeiten zu ermutigen.
(42) Die Teilnehmerstaaten (42.1) – bekräftigen, daß der Unterricht über Menschenrechte von grundlegender Bedeutung ist und daher die Notwendigkeit besteht, ihre Staatsangehörigen über Menschenrechte und Grund- freiheiten ebenso zu unterrichten wie über die Verpflichtung, solche Rechte und Freiheiten in der nationalen Gesetzgebung und in internationalen Dokumenten zu achten, zu deren Vertragspar- teien sie zählen; (42.2) – anerkennen, daß ein wirksamer Unterricht über Menschenrechte einen Beitrag zur Bekämp- fung von Intoleranz, von Vorurteilen und Haß aus religiösen, rassischen und ethnischen Gründen – auch gegen Roma -, von Xenophobie und Antisemitismus leistet; (42.3) – werden ihre für Ausbildungsprogramme zuständigen Behörden dazu ermutigen, wirk- same, die Menschenrechte einbeziehende Lehrpläne und Lehrgänge für Schüler und Studenten auf allen Ebenen auszuarbeiten, insbesondere für Studenten der Rechtswissenschaften, der Ver- waltungs- und Gesellschaftswissenschaften sowie für jene, die eine Ausbildung beim Militär, bei der Polizei und in Schulen des öffentlichen Dienstes durchlaufen; (42.4) – werden Lehrkräften Informationen über alle Bestimmungen der menschlichen Dimen- sion der KSZE zur Verfügung stellen; (42.5) – werden Organisationen und Bildungseinrichtungen dazu ermutigen, bei der Erarbeitung und beim Austausch von Menschenrechtsprogrammen sowohl auf nationaler als auch internatio- naler Ebene zusammenzuarbeiten; (42.6) – werden bestrebt sein zu gewährleisten, daß Aktivitäten, die auf eine Förderung des Unter- richts über Menschenrechte in einem weiteren Sinne ausgerichtet sind, die Erfahrungen, Programme und Formen der Zusammenarbeit innerhalb bestehender internationaler staatlicher und nicht- staatlicher Gremien, zum Beispiel der Vereinten Nationen und des Europarats, berücksichtigen.
(43) Teilnehmerstaaten werden entsprechend bestehenden innerstaatlichen Verfahren jene als nichtstaatliche Organisationen anerkennen, die sich als solche erklären, und werden die Fähigkei- ten solcher Organisationen, auf ihrem Staatsgebiet ihre Aktivitäten frei durchzuführen, erleich- tern; zu diesem Zweck werden sie
106 Moskau 1991
(43.1) – darum bestrebt sein, Wege zu finden, um die Gegebenheiten für Kontakte und Gedan- kenaustausch zwischen nichtstaatlichen Organisationen einerseits sowie zuständigen staatlichen Behörden und Institutionen andererseits weiter zu stärken; (43.2) – darum bestrebt sein, Besuche ausländischer nichtstaatlicher Organisationen aus irgend- einem anderen Teilnehmerstaat in ihren Ländern zu erleichtern, damit diese die Lage im Bereich der menschlichen Dimension beobachten können; (43.3) – Aktivitäten nichtstaatlicher Organisationen begrüßen, wie unter anderem die Beobachtung der Einhaltung von KSZE-Verpflichtungen im Bereich der menschlichen Dimension; (43.4) – nichtstaatlichen Organisationen im Hinblick auf deren wichtige Aufgabe im Bereich der menschlichen Dimension der KSZE erlauben, ihre Ansichten den eigenen Regierungen sowie den Regierungen aller anderen Teilnehmerstaaten im Verlauf der künftigen Arbeit der KSZE im Bereich der menschlichen Dimension mitzuteilen. (43.5) Bei der künftigen Arbeit der KSZE im Bereich der menschlichen Dimension werden nicht- staatliche Organisationen die Gelegenheit erhalten, schriftliche Beiträge zu spezifischen Fragen der menschlichen Dimension der KSZE an alle Delegationen zu verteilen. (43.6) Das KSZE-Sekretariat wird im Rahmen seiner Möglichkeiten dem Ersuchen nichtstaatli- cher Organisationen um frei zugängliche KSZE-Dokumente nachkommen. (43.7) Richtlinien für die Beteiligung nichtstaatlicher Organisationen an der künftigen Arbeit der KSZE im Bereich der menschlichen Dimension könnten unter anderem folgendes umfassen: (i) nichtstaatlichen Organisationen sollten im Konferenzbereich oder in dessen unmittelbarer nähe gemeinschaftliche Räume zur Verfügung gestellt werden, und sie sollten auf eigene Kosten angemessenen Zugang zu technischen Einrichtungen wie Kopiergeräten, Telefonen und Faxge- räten erhalten, (ii) nichtstaatliche Organisationen sollten über die Offenheit und die Zugangsverfahren recht- zeitig informiert und entsprechend unterrichtet werden; (iii) Delegationen bei KSZE-Treffen sollten weiter dazu ermutigt werden, Vertreter nichtstaatli- cher Organisationen einzubeziehen oder einzuladen.
Die Teilnehmerstaaten empfehlen, daß das Folgetreffen von Helsinki über die Erarbeitung sol- cher Richtlinien berät. (…)
107 Prager Dokument über die weitere Entwicklung der KSZE-Institutionen und -Strukturen (Zweites Treffen des Rates)
Prag 1992
(…)
III
Menschliche Dimension
6. Die Minister kamen überein, daß die Überwachung und Förderung von Fortschritten im Bereich der Menschlichen Dimension eine Hauptaufgabe der KSZE bleibt.
7. Mit der Menschlichen Dimension verbundene Fragen werden daher vom Rat bzw. vom Aus- schuß Hoher Beamter behandelt, wann immer notwendig.
8. Außerdem kann der Ausschuß Hoher Beamter auch kurze Treffen einberufen, um konkrete Fragen zu behandeln. Die Ergebnisse solcher Treffen werden dem Rat durch den Ausschuß Hoher Beamter je nach Erfordernis zur Erwägung oder zur Beschlußfassung vorgelegt.
9. Zur Erweiterung der praktischen Zusammenarbeit zwischen den Teilnehmerstaaten im Bereich der Menschlichen Dimension beschlossen die Minister, dem Büro für freie Wahlen, das künftig Büro für demokratische Institutionen und Menschenrechte genannt wird, zusätzliche Funktio- nen zu übertragen.
10. Nach Maßgabe allgemeiner Leitlinien des AHB sollte das Büro unter anderem: • am Sitz des Büros für demokratische Institutionen und Menschenrechte ein kurzes KSZE-Treffen einberufen, um die Durchführung der Verpflichtungen im Bereich der Menschlichen Dimension der KSZE in jedem Jahr, in dem kein Folgetreffen stattfindet, zu behandeln. Das Folgetreffen von Helsinki wird die organisatorischen Modalitäten für solche Treffen ausarbeiten; • als institutioneller Rahmen für den Austausch und die gemeinsame Nutzung von Informatio- nen über verfügbare technische Unterstützung, Fachwissen und nationale sowie internationale Programme dienen, die darauf abzielen, die neuen Demokratien beim Aufbau ihrer Institutio- nen zu unterstützen; • Kontakte zwischen denjenigen, die solche Hilfsleistungen anbieten, und denjenigen, die sie nut- zen möchten, erleichtern; • die Zusammenarbeit mit dem Europarat entwickeln, um die in dessen Datenbank gespeicher- ten Ressourcen und Dienstleistungen zu nutzen;
108 Prag 1992
• Kontakte zu den am Aufbau demokratischer Institutionen aktiv beteiligten nichtstaatlichen Orga- nisationen herstellen, um den interessierten Teilnehmerstaaten zu ermöglichen, deren umfang- reiche Ressourcen und Sachkenntnisse zu nutzen; • die Zusammenarbeit bei der Aus- und Weiterbildung in den für demokratische Institutionen einschlägigen Fachbereichen erleichtern; • Treffen und Seminare zwischen allen Teilnehmerstaaten über die mit dem Aufbau und der Wie- derbelebung demokratischer Institutionen verbundenen Themen organisieren, wie beispielsweise ein Kurzseminar über freie Medien und – zu einem geeigneten Zeitpunkt – eines über Wan- derbewegung. Diese Treffen und Seminare werden – falls nicht anders beschlossen – in War- schau durchgeführt.
11. Um unnötige Zweispurigkeit der Arbeit, insbesondere in den oben angeführten Bereichen zu ver- meiden, haben die Minister das Büro angewiesen, mit anderen auf dem Gebiet des Aufbaus demo- kratischer Institutionen und der Menschenrechte aktiven Institutionen eng zusammenzuarbeiten, insbesondere mit dem Europarat und der Europäischen Kommission für Demokratie durch Recht.
12. Der AHB wird alljährlich die Notwendigkeit für Treffen und Seminare über die menschliche Dimension und demokratische Institutionen prüfen und ein Arbeitsprogramm erstellen.
13. Die Minister ersuchten das Folgetreffen von Helsinki, die Aufgaben des Warschauer Büros näher zu bestimmen und einen Beschluß darüber zu fassen, wie die Aktivitäten der KSZE im Bereich der menschlichen Dimension weiter entfaltet werden können.
14. Das Büro für demokratische Institutionen und Menschenrechte ist als die KSZE- Institution benannt worden, die – gemäß dem Dokument des Moskauer Treffens der Konferenz über die Menschliche Dimension der KSZE – mit Aufgaben im Zusammenhang mit Experten- und Bericht- erstattermissionen betraut wurde.
15. Das Büro für demokratische Institutionen und Menschenrechte wird an das KSZE- Kommu- nikationsnetz angeschlossen.
IV
Schutz von Menschenrechten, Demokratie und Rechtstaatlichkeit
16. Zur Weiterentwicklung der Fähigkeit der KSZE, Menschenrechte, Demokratie und Rechtstaat- lichkeit mit friedlichen Mitteln zu schützen, beschloß der Rat, daß in Fällen von eindeutigen, groben und nicht behobenen Verletzungen einschlägiger KSZE-Verpflichtungen angemessene Maßnahmen durch den Rat bzw. den Ausschuß Hoher Beamter getroffen werden können, erforderlichenfalls auch ohne Zustimmung des betroffenen Staates. Solche Maßnahmen wären politische Erklärungen oder andere politische Schritte, die außerhalb des Territoriums des betroffenen Staates anwendbar sind. Dieser Beschluß gilt unbeschadet bestehender KSZE-Mechanismen.
17. Der Rat ersuchte das Folgetreffen von Helsinki, weitere Modalitäten bei der Anwendung die- ses Beschlusses zu erwägen.
109 Prag 1992
VIII
Nichtstaatliche Organisationen
42. Der Rat ersucht das Folgetreffen von Helsinki, die Beziehungen zwischen der KSZE und nicht- staatlichen Organisationen weiter auszubauen, um die Rolle nichtstaatlicher Organisationen bei der Verwirklichung der Ziele und Verpflichtungen der KSZE zu stärken. Insbesondere wird das Folgetreffen Möglichkeiten und Verfahren für eine sinnvolle Einbeziehung nichtstaatlicher Orga- nisationen in die KSZE sowie Möglichkeiten der Kommunikation nichtstaatlicher Organisatio- nen mit KSZE-Strukturen und -Institutionen erarbeiten, eingedenk unter anderem der von den Treffen von Sofia und Moskau und vom Seminar von Oslo vereinbarten Texte über nichtstaatli- che Organisationen. (…)
110 Helsinki 1992
Helsinki-Dokument: Herausforderung des Wandels (Gipfeltreffen der Staats- und Regierungschefs)
Helsinki 1992
Gipfelerklärung von Helsinki
Verheißungen und Probleme des Wandels (…)
6. Wir begrüßen es, daß sich alle Teilnehmerstaaten auf unsere gemeinsamen Werte verpflichtet haben. Unsere gemeinsamen Ziele sind die Achtung der Menschenrechte und Grundfreiheiten, ein- schließlich der Rechte der Angehörigen nationaler Minderheiten, Demokratie, Rechtsstaatlichkeit, wirtschaftliche Freiheit, soziale Gerechtigkeit und Verantwortung gegenüber der Umwelt. Sie sind unumstößlich. Die Einhaltung unserer Verpflichtungen bildet die Basis für Mitwirkung und Zusam- menarbeit in der KSZE und einen Eckpfeiler für die weitere Entwicklung unserer Gesellschaften.
7. Wir bekräftigen erneut die Gültigkeit der Leitprinzipien und gemeinsamen Werte der Schluß- akte von Helsinki und der Charta von Paris, welche die Verantwortung der Staaten untereinander sowie der Regierungen gegenüber ihren Völkern zum Ausdruck bringen. Sie sind das kollektive Gewissen unserer Gemeinschaft. Wir anerkennen unsere gegenseitige Verantwortung für ihre Ein- haltung. Wir unterstreichen die demokratischen Rechte der Bürger, von ihren Regierungen die Achtung dieser Werte und Normen zu fordern.
8. Wir betonen, daß die im Bereich der menschlichen Dimension der KSZE eingegangenen Ver- pflichtungen ein unmittelbares und berechtigtes Anliegen aller Teilnehmerstaaten und eine nicht ausschließlich innere Angelegenheit des betroffenen Staates darstellen. Der Schutz und die Förde- rung der Menschenrechte und Grundfreiheiten sowie die Stärkung demokratischer Institutionen sind weiterhin eine unerläßliche Grundlage für unsere umfassende Sicherheit. (…)
12. Wir leben in einer vielversprechenden Zeit, aber auch in einer Zeit der Instabilität und Unsi- cherheit. Wirtschaftlicher Niedergang, soziale Spannungen, aggressiver Nationalismus, Intoleranz, Fremdenhaß und ethnische Konflikte bedrohen die Stabilität im KSZE-Gebiet. Grobe Verletzungen der KSZE-Verpflichtungen im Bereich der Menschenrechte und Grundfreiheiten, einschließlich jener, die mit nationalen Minderheiten im Zusammenhang stehen, stellen eine besondere Bedro- hung für die friedliche Entwicklung der Gesellschaft, insbesondere in neuen Demokratien, dar.
Es bleibt noch viel zu tun zum Aufbau demokratischer und pluralistischer Gesellschaften, in denen Vielfalt umfassend geschützt und in der Praxis geachtet wird. Folglich lehnen wir rassisti- sche, ethnische und religiöse Diskriminierung jeder Art ab. Freiheit und Toleranz müssen gelehrt und praktiziert werden.
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(…)
14. Die Erfüllung grundlegender menschlicher Bedürfnisse ist in Konfliktzeiten am stärksten gefährdet. Wir werden jede Anstrengung unternehmen, um zu gewährleisten, daß sie befriedigt und humanitäre Verpflichtungen geachtet werden. Wir werden uns dafür einsetzen, Leid durch humanitäre Feuereinstellungen zu lindern und Hilfeleistungen unter internationaler Aufsicht zu erleichtern, einschließlich ihres sicheren Geleits. Wir anerkennen, daß wir bei den Flüchtlings- problemen, die ihren Ursprung in diesen Konflikten haben, alle zusammenarbeiten müssen. Wir erklären unsere Unterstützung und Solidarität für diejenigen Länder, welche die Hauptlast dieser Flüchtlingsprobleme tragen, die ihren Ursprung in diesen Konflikten haben. In diesem Zusam- menhang anerkennen wir die Notwendigkeit für Zusammenarbeit und gemeinsames Handeln. (…)
Wir arbeiten an der weiteren Entwicklung unserer Möglichkeiten für die friedliche Beilegung von Streitfällen.
21. Unser Ansatz gründet sich auf unser umfassendes Sicherheitskonzept, das mit der Schluß- akte eingeleitet wurde. Dieses Konzept verbindet die Erhaltung des Friedens mit der Achtung der Menschenrechte und Grundfreiheiten. Es stellt den Zusammenhang her zwischen Solidarität und Zusammenarbeit in den Bereichen Wirtschaft und Umwelt und friedlichen zwischenstaatlichen Beziehungen. Dies gilt in gleicher Weise für die Gestaltung des Wandels wie für die Notwendig- keit, Konfrontation abzubauen. (…)
26. Wir erklären erneut unsere vorbehaltlose Verurteilung aller Handlungen, Methoden und Prakti- ken des Terrorismus. Wir sind entschlossen, unsere Zusammenarbeit zur Beseitigung dieser Bedro- hung von Sicherheit, Demokratie und Menschenrechten zu verstärken. Zu diesem Zweck werden wir Maßnahmen einleiten, um verbrecherische Handlungen auf unserem Territorium, durch die terroristische Handlungen in anderen Staaten unterstützt werden, zu verhindern. Wir werden den Informationsaustausch über terroristische Aktivitäten ermutigen. Je nach Bedarf werden wir wei- tere wirksame Möglichkeiten der Zusammenarbeit anstreben. Auf einzelstaatlicher Ebene werden wir auch die erforderlichen Schritte einleiten, um unsere internationalen Verpflichtungen in die- sem Bereich zu erfüllen.
27. Illegaler Drogenhandel stellt eine Gefahr für die Stabilität unserer Gesellschaften und demo- kratischen Institutionen dar. Wir werden uns gemeinsam dafür einsetzen, alle Formen der bilate- ralen und multilateralen Zusammenarbeit bei der Bekämpfung des illegalen Drogenhandels und anderer Formen des organisierten internationalen Verbrechens zu stärken.
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Beschlüsse von Helsinki
I. Stärkung der KSZE-Institutionen und -Strukturen (…)
Unterstützung für den amtierenden Vorsitzenden (…)
Persönliche Vertreter
(22) Wenn der amtierende Vorsitzende mit einer Krise oder einem Konflikt befaßt ist, kann er zur Unterstützung und auf seine Verantwortung einen persönlichen Vertreter mit einem klaren und präzisen Mandat bestimmen. Der amtierende Vorsitzende unterrichtet den AHB von der Absicht, einen persönlichen Vertreter zu ernennen, und von dessen Mandat. Die Berichte des amtieren- den Vorsitzenden an den Rat/AHB enthalten Informationen über die Aktivitäten des persönlichen Vertreters sowie über alle seine Beobachtungen oder Ratschläge.
Hoher Kommissar für nationale Minderheiten
(23) Der Rat ernennt einen Hohen Kommissar für nationale Minderheiten. Der Hohe Kommissar sorgt zum frühestmöglichen Zeitpunkt für „Frühwarnung“ und gegebenenfalls für „Frühmaß- nahmen“ hinsichtlich von Spannungen, die Bezug auf Angelegenheiten nationaler Minderheiten haben und das Potential in sich bergen, sich im KSZE-Gebiet zu einem den Frieden, die Stabili- tät oder die Beziehungen zwischen Teilnehmerstaaten beeinträchtigenden Konflikt zu entwickeln. Der Hohe Kommissar stützt sich auf die Einrichtungen des Büros für Demokratische Institutio- nen und Menschenrechte (BDIMR) in Warschau. (…)
Durchführungsüberprüfungen
(26) Eine gründliche Überprüfung der Durchführung der KSZE-Verpflichtungen wird bei KSZE- Aktivitäten auch weiterhin eine herausragende Rolle spielen und damit die Zusammenarbeit zwi- schen den Teilnehmerstaaten verstärken.
(27) Durchführungsüberprüfungen finden regelmäßig bei Überprüfungskonferenzen sowie bei den zu diesem Zweck vom BDIMR, dem KVZ und dem als Wirtschaftsforum einberufenen AHB – wie in den einschlägigen KSZE-Dokumenten festgelegt – veranstalteten speziellen Treffen statt.
(28) Diese Durchführungsüberprüfungen werden einen kooperativen Charakter und umfassen- den Ansatz haben und sich zugleich mit spezifischen Angelegenheiten befassen.
(29) Die Teilnehmerstaaten werden eingeladen, Beiträge über ihre Erfahrungen bei der Durch- führung zu leisten, unter besonderer Berücksichtigung der Schwierigkeiten, auf die sie gestoßen sind, und ihre Ansichten zur Durchführung im gesamten KSZE-Gebiet zu unterbreiten. Die Teil- nehmerstaaten werden ermutigt, Beschreibungen ihrer Beiträge vor dem Treffen zu zirkulieren.
(30) Überprüfungen sollten die Möglichkeit bieten, erforderlichen Handlungsbedarf für das Heran- gehen an Probleme zu identifizieren. Treffen, auf denen Durchführungsüberprüfungen stattfinden,
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können den AHB auf jeden Vorschlag für Maßnahmen zur Verbesserung der Durchführung, die sie für ratsam halten, hinweisen. (…)
II. Hoher Kommissar der KSZE für nationale Minderheiten
(1) Die Teilnehmerstaaten beschließen, einen Kommissar für nationale Minderheiten einzusetzen.
Mandat
(2) Der Hohe Kommissar arbeitet unter der Ägide des AHB und ist somit ein Instrument zur Kon- fliktverhütung zum frühestmöglichen Zeitpunkt.
(3) Der Hohe Kommissar sorgt zum frühestmöglichen Zeitpunkt für „Frühwarnung“ und gege- benenfalls „Frühmaßnahmen“ im Hinblick auf Spannungen bezüglich Fragen nationaler Minder- heiten, die sich noch nicht über ein Frühwarnstadium hinaus entwickelt haben, die jedoch nach Einschätzung des Hohen Kommissars das Potential in sich bergen, sich im KSZE-Gebiet zu einem den Frieden, die Stabilität und die Beziehungen zwischen den Teilnehmerstaaten beeinträchti- genden Konflikt zu entwickeln, der die Aufmerksamkeit oder das Eingreifen des Rates oder des AHB erfordert.
(4) Im Rahmen des Mandats, auf der Grundlage der KSZE-Prinzipien und -Verpflichtungen, han- delt der Hohe Kommissar vertraulich und unabhängig von allen direkt an den Spannungen betei- ligten Parteien.
(5a) Der Hohe Kommissar beschäftigt sich nur dann mit Fragen nationaler Minderheiten in dem Staat, in dem er Staatsbürger ist oder seinen Wohnsitz hat, oder mit Fragen hinsichtlich einer natio nalen Minderheit, der der Hohe Kommissar angehört, wenn alle direkt beteiligten Parteien unter Einschluß des betroffenen Staates dem zustimmen. (5b) Der Hohe Kommissar beschäftigt sich nicht mit Fragen nationaler Minderheiten in Situatio- nen, in denen es um organisierte terroristische Handlungen geht. (5c) Der Hohe Kommissar befaßt sich auch nicht mit Verletzungen von KSZE-Verpflichtungen bezüglich einer Einzelperson, die einer nationalen Minderheit angehört.
(6) Bei der Prüfung einer Situation hat der Hohe Kommissar die Verfügbarkeit demokratischer Mittel und von auf die Situation anwendbaren internationalen Instrumenten sowie deren Gebrauch durch die beteiligten Parteien voll zu berücksichtigen.
(7) Wenn eine konkrete Frage bezüglich einer nationalen Minderheit an den AHB herangetra- gen wurde, bedarf ein Eingreifen des Hohen Kommissars eines Ersuchens und eines spezifischen Mandats des AHB.
Profil, Ernennung, Unterstützung
(8) Der Hohe Kommissar ist eine namhafte internationale Persönlichkeit mit langer einschlägiger Erfahrung, von dem eine unparteiische Wahrnehmung des Amtes erwartet werden kann.
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(9) Der Hohe Kommissar wird vom Rat durch Konsens auf Empfehlung des AHB für einen Zeit- raum von drei Jahren ernannt, der lediglich um eine weitere Amtsperiode von drei Jahren ver- längert werden kann.
(10) Der Hohe Kommissar stützt sich auf die Einrichtungen des BDIMR in Warschau, und insbe- sondere auf die beim BDIMR vorliegenden Informationen, die für alle Aspekte der Fragen natio- naler Minderheiten von Belang sind.
Frühwarnung
(11) Der Hohe Kommissar: (11a) sammelt und nimmt allgemeine Informationen hinsichtlich Fragen nationaler Minderheiten entgegen, die aus nachfolgend beschriebenen Quellen stammen, (siehe Beilage Ziffern (23)-(25)); (11b) nimmt zum frühestmöglichen Zeitpunkt eine Einschätzung der Rolle der direkt betroffenen Parteien, der Art der Spannungen und der damit verbundenen jüngsten Entwicklungen vor und – wo möglich – der eventuellen Folgen für Frieden und Stabilität im KSZE-Gebiet; (11c) ist zu diesem Zweck in der Lage, gemäß Ziffer 17 und Beilage, Ziffern (27)-(30) jeden Teil- nehmerstaat zu besuchen und vorbehaltlich der Bestimmungen in Ziffer 25 persönlich mit direkt betroffenen Parteien in Kontakt zu treten, um Informationen aus erster Hand über die Lage nati- onaler Minderheiten zu erhalten.
(12) Der Hohe Kommissar kann während eines Besuchs in einem Teilnehmerstaat, in dessen Verlauf er Informationen aus erster Hand von allen direkt betroffenen Parteien erhält, die Fragen mit den Parteien erörtern und, gegebenenfalls, Dialog, Vertrauen und Zusammenarbeit unter ihnen fördern.
Frühwarnungs-Erklärung
(13) Wenn auf der Grundlage des Austauschs von Mitteilungen und Kontakten mit den jeweiligen Parteien der Hohe Kommissar zu der Schlußfolgerung gelangt, daß prima facie das Risiko eines möglichen Konflikts (wie in Ziffer (3) beschrieben) vorliegt, kann er eine „Frühwarnungs“- Erklä- rung abgeben, die vom amtierenden Vorsitzenden unverzüglich an den AHB weitergeleitet wird.
(14) Der amtierende Vorsitzende setzt diese Frühwarnung auf die Tagesordnung des nächsten AHB-Treffens. Wenn ein Staat die Auffassung vertritt, daß eine solche Frühwarnung der soforti- gen Konsultation bedarf, kann er das in Anhang 2 der Zusammenfassung der Schlußfolgerungen des Berliner Treffens des Rates („Mechanismus in dringlichen Situationen“) festgelegte Verfah- ren in Gang setzen.
(15) Der Hohe Kommissar erklärt dem AHB die Gründe für das Auslösen des Frühwarnung.
Frühmaßnahmen
(16) Der Hohe Kommissar kann empfehlen, daß man ihn ermächtigt, weitere Kontakte und ein- gehendere Konsultationen mit den betroffenen Parteien mit dem Ziel möglicher Lösungen gemäß einem vom AHB zu beschließenden Mandat aufzunehmen. Der AHB kann dementsprechend ent- scheiden.
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Rechenschaftspflicht
(17) Der Hohe Kommissar konsultiert den amtierenden Vorsitzenden vor Abreise in einen Teilneh- merstaat, um sich mit einer nationale Minderheiten betreffenden Spannungssituation zu beschäf- tigen. Der amtierende Vorsitzende konsultiert vertraulich den betroffenen Teilnehmerstaat/die betroffenen Teilnehmerstaaten und kann auch darüber Konsultationen führen.
(18) Nach einem Besuch in einem Teilnehmerstaat übergibt der Hohe Kommissar dem amtieren- den Vorsitzenden streng vertrauliche Berichte über die Ergebnisse und den Stand der Arbeit des Hohen Kommissars im Hinblick auf eine konkrete Frage.
(19) Nach Abschluß des Einsatzes des Hohen Kommissars in bezug auf eine konkrete Frage erstat- tet der Hohe Kommissar dem amtierenden Vorsitzenden Bericht über die Beobachtungen, die Ergebnisse und die Schlußfolgerungen. Innerhalb eines Zeitraums von einem Monat konsultiert der amtierende Vorsitzende vertraulich den betroffenen Teilnehmerstaat/die betroffenen Teilneh- merstaaten zu den Beobachtungen, Ergebnissen und Schlußfolgerungen und kann auch darüber hinaus Konsultationen führen. Danach wird der Bericht zusammen mit möglichen Stellungnah- men an den AHB weitergeleitet.
(20) Sollte der Hohe Kommissar zu der Schlußfolgerung gelangen, daß sich die Lage zu einem Konflikt ausweitet, oder wenn der Hohe Kommissar die Auffassung vertritt, daß der Handlungs- spielraum des Hohen Kommissars erschöpft ist, macht der Hohe Kommissar über den amtieren- den Vorsitzenden dem AHB entsprechend Mitteilung.
(21) Sollte sich der AHB einer konkreten Frage annehmen, erteilt der Hohe Kommissar Informa- tionen und – auf Ersuchen – Rat gegenüber dem AHB oder jeder anderen Institution oder Organi- sation, die der AHB gemäß den Bestimmungen von Kapitel III dieses Dokuments einladen kann, um im Hinblick auf die Spannungen oder den Konflikt tätig zu werden.
(22) Der Hohe Kommissar informiert auf Ersuchen des AHB über seine Aktivitäten bei KSZE- Implementierungstreffen zu Fragen der menschlichen Dimension, unter gebührender Berücksich- tigung der erforderlichen Vertraulichkeit seines Mandats.
Beilage
Informationsquellen für Fragen betreffend nationale Minderheiten
(23) Der Hohe Kommissar kann: (23a) Informationen über die Lage der nationalen Minderheiten und die Rolle der daran beteilig- ten Parteien aus jeglicher Quelle sammeln und entgegennehmen, einschließlich aus Medien und von nichtstaatlichen Organisationen mit der in Ziffer (25) dargelegten Ausnahme: (23b) konkrete Berichte von direkt beteiligten Parteien hinsichtlich der Entwicklungen in bezug auf Fragen nationaler Minderheiten entgegennehmen. Diese können Berichte über Verletzungen von KSZE-Verpflichtungen in bezug auf nationale Minderheiten sowie andere Verletzungen im Zusammenhang mit Fragen nationaler Minderheiten umfassen.
(24) Solche konkreten Berichte an den Hohen Kommissar sollten folgenden Anforderungen genügen: • sie sollten in schriftlicher Form an den Hohen Kommissar als solchen gerichtet und mit vollem Namen und voller Anschrift unterzeichnet werden;
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• sie sollten eine sachliche Darstellung der Entwicklungen, die für die Situation von Angehöri- gen nationaler Minderheiten und die Rolle der daran beteiligten Parteien von Bedeutung sind und die kurze Zeit – im Prinzip höchstens zwölf Monate – zuvor stattgefunden haben, enthal- ten. Die Berichte sollten Informationen beinhalten, die ausreichend dargelegt werden können.
(25) Der Hohe Kommissar tritt mit keiner Person oder Organisation, die Terrorismus oder Gewalt ausübt oder öffentlich billigt, in Verbindung und bestätigt nicht den Empfang ihrer Mitteilungen.
Direkt betroffene Parteien
(26) Von Spannungen direkt betroffene Parteien, die dem Hohen Kommissar konkrete Berichte übergeben können, und mit denen der Hohe Kommissar während eines Besuchs in einem Teil- nehmerstaat sich bemühen wird, persönlich in Verbindung zu treten, sind folgende: (26a) Regierungen der Teilnehmerstaaten, einschließlich gegebenenfalls regionale und kommu- nale Behörden in Gebieten, in denen nationale Minderheiten leben; (26b) Vertreter von Verbänden, nichtstaatlichen Organisationen, religiösen und anderen Gruppen direkt betroffener und im Spannungsgebiet lebender nationaler Minderheiten, die von den Ange- hörigen dieser nationalen Minderheiten ermächtigt sind, sie zu vertreten. Bedingungen für Rei- sen des Hohen Kommissars
(27) Vor einem beabsichtigten Besuch unterbreitet der Hohe Kommissar dem betroffenen Teil- nehmerstaat/den betroffenen Teilnehmerstaaten konkrete Informationen über den beabsichtigten Zweck des Besuchs. Innerhalb von zwei Wochen setzt/setzen sich der betroffene Staat/die betroffe- nen Staaten mit dem Hohen Kommissar hinsichtlich der Ziele des Besuchs in Verbindung, die die Förderung von Dialog, Vertrauen und Zusammenarbeit zwischen den Parteien umfassen können. Nach der Einreise ermöglicht der betroffene Staat dem Hohen Kommissar freizügiges Reisen und freizügige Kommunikation, vorbehaltlich der Bestimmung gemäß obiger Ziffer (25).
(28) Falls der betroffene Staat dem Hohen Kommissar die Einreise in das Land sowie freizügiges Reisen und freizügige Kommunikation nicht gestattet, wird der Hohe Kommissar den AHB ent- sprechend informieren.
(29) Im Verlauf eines solchen Besuchs kann der Hohe Kommissar – vorbehaltlich der Bestim- mung gemäß Ziffer (25) – mit den betroffenen Parteien in Verbindung treten und Informationen von jeder direkt betroffenen Einzelperson, Gruppe oder Organisation zu Fragen vertraulich ent- gegennehmen, mit denen sich der Hohe Kommissar beschäftigt. Der Hohe Kommissar wahrt den vertraulichen Charakter der Informationen.
(30) Die Teilnehmerstaaten enthalten sich jeglicher Handlung gegen Personen, Organisationen oder Institutionen wegen ihrer Kontakte mit dem Hohen Kommissar.
Hoher Kommissar und Hinzuziehung von Experten
(31) Der Hohe Kommissar kann beschließen, um Unterstützung von nicht mehr als drei Experten mit einschlägiger Sachkenntnis über konkrete Angelegenheiten nachzusuchen, die kurze, spezielle Untersuchung und Beratung erfordern.
(32) Wenn der Hohe Kommissar beschließt, Experten hinzuzuziehen, legt der Hohe Kommissar ein klar umrissenes Mandat und einen ebensolchen zeitlichen Rahmen für die Aktivitäten der Experten fest.
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(33) Die Experten besuchen einen Teilnehmerstaat nur zur gleichen Zeit wie der Hohe Kommis- sar. Ihr Mandat ist integraler Bestandteil des Mandats des Hohen Kommissars, und für sie gelten die gleichen Reisebestimmungen.
(34) Die von den Experten erbetenen Ratschläge und Empfehlungen werden dem Hohen Kom- missar vertraulich vorgelegt. Er ist für die Aktivitäten und für die Expertenberichte verantwort- lich und entscheidet, ob und in welcher Form Ratschläge und Empfehlungen an die betroffenen Parteien weitergeleitet werden. Sie sind nicht bindend. Falls der Hohe Kommissar beschließt, Rat- schläge und Empfehlungen zugänglich zu machen, wird dem betroffenen Staat/den betroffenen Staaten die Möglichkeit zur Stellungnahme eingeräumt.
(35) Die Experten werden vom Hohen Kommissar mit Unterstützung des BDIMR aus der beim BDIMR vorliegenden Liste, wie im Dokument des Moskauer Treffens festgelegt, ausgewählt.
(36) Unter den Experten werden weder Staatsangehörige oder Einwohner des betroffenen Teilneh- merstaats oder irgendwelche Personen sein, die von dem betroffenen Staat benannt wurden, noch irgendein Experte, gegen den der Teilnehmerstaat zuvor Vorbehalte geäußert hat. Zu den Experten werden weder die eigenen Staatsangehörigen oder Einwohner des Teilnehmerstaats oder irgend- eine der Personen gehören, die der Staat für die Liste benannt hat, noch mehr als ein Staatsange- höriger oder Einwohner irgendeines bestimmten Teilnehmerstaats.
Haushalt
(37) Beim BDIMR wird ein getrennter Haushalt festgelegt, aus dem gegebenenfalls die logistische Unterstützung für die Reisetätigkeit und die Kommunikation abgedeckt wird. Der Haushalt setzt sich aus Beiträgen der Teilnehmerstaaten gemäß dem festgelegten KSZE-Verteilerschlüssel zusam- men. Einzelheiten werden vom Finanzausschuß erarbeitet und vom AHB genehmigt.
IV. Beziehungen zu internationalen Organisationen, Beziehungen zu nichtteilnehmenden Staaten, Rolle nichtstaatlicher Organisationen
(1) Die neuen Aufgaben, denen die KSZE gegenübersteht, erfordern klarer umgrenzte Beziehungen und engere Kontakte mit internationalen Organisationen, insbesondere mit den Vereinten Natio- nen und mit nichtteilnehmenden Staaten. Gleichzeitig bleibt die KSZE ein Prozeß, dessen Aktivi- täten weit über formelle Beziehungen zwischen Regierungen hinausgehen, und der die Staatsbürger und Gesellschaften der Teilnehmerstaaten einbezieht. Erfolgreiche Bemühungen um den Aufbau einer dauerhaften, friedlichen und demokratischen Ordnung und die Gestaltung des Prozesses des Wandels erfordern stärker strukturierte und inhaltsreiche Beiträge von Gruppen, Einzelper- sonen, Staaten und Organisationen außerhalb des KSZE-Prozesses.
Zu diesem Zweck haben die Teilnehmerstaaten folgendes beschlossen:
Beziehungen zu internationalen Organisationen
(2) Unter erneuter Bekräftigung der von ihnen gegenüber der Charta der Vereinten Nationen eingegangenen Verpflichtungen, erklären die Teilnehmerstaaten, daß sie sich einig sind, daß die KSZE eine regionale Abmachung im Sinne von Kapitel VIII der Charta der Vereinten Nationen ist und als solche ein wichtiges Bindeglied zwischen europäischer und globaler Sicherheit dar- stellt. Die Rechte und Verantwortlichkeiten des Sicherheitsrats der Vereinten Nationen bleiben in ihrer Gesamtheit unberührt.
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(3) Unter Bezugnahme auf die einschlägigen Beschlüsse des Prager Dokuments fördern die Teil- nehmerstaaten Kontakte und praktische Zusammenarbeit mit geeigneten internationalen Orga- nisationen.
(4) Sie können demgemäß vereinbaren, die im Prager Dokument erwähnten internationalen Orga- nisationen und Institutionen und, falls angebracht, andere einzuladen, Beiträge zu leisten.
(5) Diese Organisationen, Institutionen und andere, über die Einvernehmen besteht, können ein- geladen werden, KSZE-Treffen und Seminaren als Ehrengäste mit entsprechenden Namensschil- dern beizuwohnen.
(6) Sie werden vom Informationsaustausch gemäß Ziffer 44 des Prager Dokuments voll Gebrauch machen.
Beziehungen zu nichtteilnehmenden Mittelmeerstaaten
(7) Unter Hinweis auf die Bestimmungen der Schlußakte und anderer KSZE-relevanter Doku- mente und im Einklang mit der geübten Praxis werden die nichtteilnehmenden Mittelmeerstaa- ten weiter eingeladen, zu KSZE-Aktivitäten beizutragen.
(8) Maßnahmen zur Ausweitung des Rahmens der Zusammenarbeit mit nichtteilnehmenden Mit- telmeerstaaten sind in Kapitel X festgelegt.
Beziehungen zu nichtteilnehmenden Staaten
(9) In Übereinstimmung mit Ziffer 45 des Prager Dokuments beabsichtigen die Teilnehmerstaaten, ihre Zusammenarbeit zu vertiefen und gehaltvolle Beziehungen mit nichtteilnehmenden Staaten wie etwa Japan zu entwickeln, die sich für die KSZE interessieren, ihre Prinzipien und Zielset- zungen teilen und sich in entsprechenden Organisationen aktiv an der europäischen Zusammen- arbeit beteiligen.
(10) Zu diesem Zweck wird Japan eingeladen, KSZE-Treffen beizuwohnen, einschließlich der von Staats- und Regierungschefs, des KSZE-Rates, des Ausschusses Hoher Beamter und anderer geeigne- ter Gremien, die spezifische Themen der erweiterten Konsultationen und Zusammenarbeit erörtern.
(11) Vertreter Japans können, ohne an der Vorbereitung und Annahme von Beschlüssen mitzu- wirken, bei solchen Treffen Beiträge zu Themen leisten, an denen Japan direkt interessiert ist und/ oder zu denen es aktiv mit der KSZE zusammenzuarbeiten wünscht.
Größere Offenheit der KSZE-Aktivitäten, Förderung der Kenntnisse über die KSZE, Erweiterung der Rolle der nichtstaatlichen Organisationen
(12) Die Teilnehmerstaaten vergrößern die Offenheit der KSZE-Institutionen und -Strukturen und stellen die weite Verbreitung von Informationen über die KSZE sicher.
(13) Zu diesem Zweck • führt der amtierende Vorsitzende mit Unterstützung des KSZE-Sekretariats Informationsver- anstaltungen über den politischen Konsultationsprozeß durch;
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• stellen die KSZE-Institutionen der Öffentlichkeit, im Rahmen bestehender Haushalte, Infor- mationen zur Verfügung und organisieren öffentliche Informationsveranstaltungen über ihre Aktivitäten; • erleichtert das Sekretariat die Weitergabe von Informationen an die Medien und Kontakte mit ihnen, unter Berücksichtigung der Tatsache, daß für grundsatzpolitische Angelegenheiten der KSZE-Politik auch weiterhin die Teilnehmerstaaten verantwortlich sind.
(14) Die Teilnehmerstaaten schaffen Möglichkeiten für die verstärkte Einbeziehung nichtstaatli- cher Organisationen in die Aktivitäten der KSZE.
(15) Sie werden demgemäß: • auf alle KSZE-Treffen die Richtlinien anwenden, die zuvor für den Zugang nichtstaatlicher Orga- nisationen zu bestimmten KSZE-Treffen vereinbart wurden; • nichtstaatlichen Organisationen den Zugang zu allen Plenarsitzungen im Rahmen von Über- prüfungskonferenzen, BDIMR-Seminaren, -Workshops und -Treffen, des AHB, wenn dieser als Wirtschaftsforum zusammentritt, von Implementierungstreffen über Menschenrechte und ande- ren Expertentreffen freistellen. Darüber hinaus kann jedes Treffen beschließen, einige andere Sitzungen für die Teilnahme von nichtstaatlichen Organisationen freizugeben; • die Direktoren von KSZE-Institutionen und die Exekutivsekretäre von KSZE-Treffen anwei- sen, eine „Verbindungsperson für nichtstaatliche Organisationen“ aus ihrem Mitarbeiterstab zu benennen; • gegebenenfalls ein Mitglied ihrer Außenministerien und ein Mitglied ihrer Delegationen bei KSZE-Treffen als verantwortliche Verbindungsperson für nichtstaatliche Organisationen benen- nen; • Kontakte und den Austausch von Meinungen zwischen nichtstaatlichen Organisationen und ein- schlägigen nationalen Behörden und staatlichen Institutionen zwischen KSZE- Treffen fördern; • während KSZE-Treffen inoffizielle Diskussionstreffen zwischen Vertretern von Teilnehmerstaa- ten und nichtstaatlichen Organisationen erleichtern; • schriftliche Darstellungen von nichtstaatlichen Organisationen an KSZE-Institutionen und -Treffen ermutigen, deren Titel aufbewahrt und den Teilnehmerstaaten auf Ersuchen überge- ben werden können; • nichtstaatliche Organisationen, die Seminare über Themen mit Bezug zur KSZE veranstalten, ermutigen; • nichtstaatliche Organisationen durch KSZE-Institutionen über die Daten künftiger KSZE-Tref- fen informieren, und gleichzeitig, wenn möglich, darauf hinweisen, welche Themen angespro- chen werden sollen und, auf Ersuchen, welche KSZE-Mechanismen, die allen Teilnehmerstaaten bekanntgegeben worden sind, aktiviert werden.
(16) Die obigen Bestimmungen gelten nicht für Personen oder Organisationen, die zur Anwen- dung von Gewalt greifen oder öffentlich den Terrorismus oder die Anwendung von Gewalt billigen.
(17) Die Teilnehmerstaaten nutzen alle geeigneten Mittel, um in ihren Gesellschaften Wissen über die KSZE, ihre Prinzipien, Verpflichtungen und Aktivitäten soweit wie möglich zu verbreiten.
(18) Das Thema eines KSZE-Preises wird erörtert.
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VI. Die menschliche Dimension
(1) Die Teilnehmerstaaten nahmen eine nützliche Überprüfung der Durchführung der KSZE- Ver- pflichtungen im Bereich der menschlichen Dimension vor. Ihre Diskussionen beruhten auf den von ihnen untereinander begründeten neuen gemeinsamen Werten, wie sie in der Charta von Paris für ein neues Europa festgelegt und durch die in den letzten Jahren innerhalb der KSZE geschaffenen neuen Normen entwickelt wurden. Sie stellten beträchtliche Fortschritte bei der Einhaltungder Ver- pflichtungen im Bereich der menschlichen Dimension fest, erkannten jedoch gleichzeitig Entwick- lungen, die zu ernster Sorge Anlaß geben und folglich die Notwendigkeit weiterer Verbesserungen.
(2) Die Teilnehmerstaaten bringen ihre feste Entschlossenheit zum Ausdruck, die volle Achtung der Menschenrechte und Grundfreiheiten zu gewährleisten, sich an den Grundsatz der Rechts- staatlichkeit zu halten, die Prinzipien der Demokratie zu fördern und in dieser Hinsicht demo- kratische Institutionen aufzubauen, zu stärken und zu schützen, und Toleranz in der gesamten Gesellschaft zu fördern. Zu diesem Zweck werden sie den Handlungsrahmen der KSZE erwei- tern, unter anderem durch die weitere Stärkung des BDIMR, so daß Informationen, Gedanken und Anliegen konkreter und sinnvoller ausgetauscht werden können, auch im Sinne einer Früh- warnung vor Spannungen und möglichen Konflikten. Dabei werden sie sich auf besonders bedeu- tende Themen der menschlichen Dimension konzentrieren. Sie werden deshalb der Stärkung der menschlichen Dimension ständige Beachtung schenken, insbesondere in einer Zeit des Wandels.
(3) In dieser Hinsicht nehmen die Teilnehmerstaaten folgendes an:
Rahmen zur Überwachung der Einhaltung der KSZE-Verpflichtungen und zur Förderung der Zusammenarbeit im Bereich der menschlichen Dimension
(4) Um die Einhaltung der KSZE-Verpflichtungen zu verbessern und zu überwachen sowie Fort- schritte im Bereich der menschlichen Dimension zu fördern, kommen die Teilnehmerstaaten überein, den Rahmen ihrer Zusammenarbeit zu erweitern, und zu diesem Zweck beschließen sie folgendes:
Stärkung der Rolle des BDIMR
(5) Nach Maßgabe allgemeiner Leitlinien des AHB und zusätzlich zu seinen in der Charta von Paris für ein Neues Europa und im Prager Dokument über die weitere Entwicklung der KSZE- Institutionen und Strukturen dargelegten derzeitigen Aufgaben wird das BDIMR als Hauptinsti- tution der menschlichen Dimension: (5a) zur Überwachung der Einhaltung der Verpflichtungen im Bereich der menschlichen Dimen- sion beitragen, indem es: • als Veranstaltungsort für bilaterale Treffen gemäß Punkt 2 und als Informationskanal gemäß Punkt 3 des Mechanismus der menschlichen Dimension dient, wie im Wiener Schlußdoku- ment dargelegt; • jegliche Stellungnahme von Staaten entgegennimmt, die von KSZE-Missionen besucht wur- den, die für die menschliche Dimension von Belang sind und nicht unter den Mechanismus der menschlichen Dimension fallen; es wird den Bericht solcher Missionen sowie mögliche Stellung- nahmen an alle Teilnehmerstaaten weiterleiten, damit sie auf dem nächsten Implementierungs- treffen oder der nächsten Überprüfungskonferenz erörtert werden können; • an Missionen teilnimmt oder diese unternimmt, wenn vom Rat oder dem AHB damit beauf- tragt; (5b) als Koordinierungsstelle dienen für Informationen über:
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• einen öffentlichen Notstand gemäß Punkt 28.10 des Dokuments des Moskauer Treffens der Kon- ferenz über die Menschliche Dimension; • die Listen benannter Experten und Unterstützung, zum Beispiel im Bereich von Volkszählun- gen oder über Demokratie auf lokaler und regionaler Ebene sowie die Abhaltung nationaler Seminare zu solchen Themen; (5c) andere Aktivitäten im Bereich der menschlichen Dimension, einschließlich des Aufbaus demo- kratischer Institutionen, unterstützen, indem es: • die im „Programm für die koordinierte Unterstützung kürzlich aufgenommener Teilnehmer- staaten“ definierten Aufgaben erfüllt; • „Seminare über den demokratischen Prozeß“ auf Ersuchen von Teilnehmerstaaten durchführt. Für diese Seminare gelten dieselben Verfahrensbestimmungen wie die im „Programm für die koordinierte Unterstützung kürzlich aufgenommener Teilnehmerstaaten“; • zur Vorbereitung von Seminaren auf Ersuchen eines oder mehrerer Teilnehmerstaaten im Rah- men seiner verfügbaren Mittel beiträgt; • dem Hohen Kommissar für nationale Minderheiten Arbeitsmittel, soweit angemessen, zur Ver- fügung stellt; • soweit angemessen mit einschlägigen internationalen und nichtstaatlichen Organisationen Ver- bindung hält; • sich mit einschlägigen Gremien des Europarats und ihm assoziierten Gremien berät und mit ihnen zusammenarbeitet sowie überprüft, inwieweit diese gegebenenfalls zur Durchführung der Aktivitäten des BDIMR beitragen können. Auf Ersuchen von Teilnehmerstaaten stellt ihnen das BDIMR ebenfalls Informationen über den Inhalt der Programme im Rahmen des Europarats zur Verfügung, die allen Teilnehmerstaaten offenstehen.
(6) Die vom BDIMR unternommenen Aktivitäten zu Fragen der menschlichen Dimension können unter anderem zur Frühwarnung bei der Verhütung von Konflikten beitragen.
Mechanismus der menschlichen Dimension
(7) Um den Mechanismus der menschlichen Dimension an bestehende KSZE-Institutionen und – Strukturen anzupassen, beschließen die Teilnehmerstaaten folgendes:
Jeder Teilnehmerstaat, der dies als notwendig erachtet, kann den Teilnehmerstaaten durch das BDIMR – welches ebenfalls gemäß Punkt 2 als Veranstaltungsort für bilaterale Treffen dienen kann – oder auf diplomatischem Wege Informationen über Situationen und Fälle, die gemäß Punkt 1 oder 2 des Kapitels über die „Menschliche Dimension der KSZE“ des Wiener Schlußdokuments Gegenstand von Ersuchen gewesen sind, oder über die Ergebnisse solcher Verfahren zuleiten. Sol- che Informationen können bei Treffen des AHB, Implementierungstreffen über Fragen der mensch- lichen Dimension und Überprüfungskonferenzen erörtert werden.
(8) Verfahren betreffend die Abdeckung der Kosten für die Experten- und Berichterstattermissio- nen des Mechanismus der menschlichen Dimension können von der nächsten Überprüfungskon- ferenz im Lichte gewonnener Erfahrungen geprüft werden.
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Implementierung
Implementierungstreffen über Fragen der menschlichen Dimension
(9) In jedem Jahr in dem keine Überprüfungskonferenz stattfindet, organisiert das BDIMR an sei- nem Sitz ein dreiwöchiges Treffen aller Teilnehmerstaaten auf Expertenebene zur Überprüfung der Durchführung der Verpflichtungen im Bereich der menschlichen Dimension. Dieses Treffen nimmt folgende Aufgaben wahr: (9a) einen vertieften Meinungsaustausch über die Durchführung der Verpflichtungen im Bereich der menschlichen Dimension, einschließlich der Erörterung der Informationen, die gemäß Punkt 4 des Mechanismus der menschlichen Dimension bereitgestellt werden, und über die in den Berich- ten von KSZE-Missionen behandelten Aspekte der menschlichen Dimension, sowie die Erwägung von Möglichkeiten zur Verbesserung der Implementierung; (9b) Bewertung der Verfahren zur Überwachung bezüglich der Einhaltung von Verpflichtungen.
(10) Das Implementierungstreffen kann die Aufmerksamkeit des AHB auf Maßnahmen zur Ver- besserung der Durchführung lenken, die es als notwendig erachtet.
(11) Das Implementierungstreffen erarbeitet kein verhandeltes Dokument.
(12) Schriftliche Beiträge und Informationsmaterial sind je nach Angabe des einreichenden Staats unbeschränkt oder beschränkt zugänglich.
(13) Implementierungstreffen werden in formellen und informellen Sitzungen veranstaltet. Alle formellen Sitzungen sind offen. Darüber hinaus können die Teilnehmerstaaten von Fall zu Fall informelle Sitzungen für die Öffentlichkeit zugänglich machen.
(14) Der Europarat und die Europäische Kommission für Demokratie durch Recht, die Europäi- sche Bank für Wiederaufbau und Entwicklung (EBRD) sowie andere einschlägige internationale Organisationen und Institutionen, werden vom Implementierungstreffen ermutigt, beizuwohnen und Beiträge zu leisten.
(15) Nichtstaatliche Organisationen mit einschlägigen Erfahrungen im Bereich der menschlichen Dimension werden eingeladen, dem Implementierungstreffen schriftliche Darlegungen zu übermit- teln, zum Beispiel durch das BDIMR, und können vom Implementierungstreffen auf der Grund- lage ihrer schriftlichen Darlegungen, falls angebracht, jederzeit eingeladen werden, zu spezifischen Fragen mündlich Stellung zu nehmen.
(16) An zwei halben Tagen im Verlauf des Implementierungstreffens wird keine offizielle Sitzung angesetzt, um bessere Möglichkeiten für mögliche Kontakte mit nichtstaatlichen Organisationen zu schaffen. Zu diesem Zweck wird den nichtstaatlichen Organisationen am Tagungsort ein Saal zur Verfügung gestellt.
KSZE-Seminare zur menschlichen Dimension
(17) Nach Maßgabe allgemeiner Leitlinien des AHB wird das BDIMR KSZE-Seminare zur mensch- lichen Dimension veranstalten, die sich mit spezifischen Fragen befassen, die von besonderer Rele- vanz für die menschliche Dimension und von aktuellem politischen Interesse sind. Der AHB wird ein Jahresarbeitsprogramm festlegen, einschließlich der Titel und Termine für derartige Semi- nare. Tagesordnung und Modalitäten jedes Seminars werden vom AHB spätestens ein Vierteljahr
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vor dem Seminar gebilligt. Dabei wird der AHB vom BDIMR zum Ausdruck gebrachte Vorstel- lungen berücksichtigen. Falls nicht anders entschieden wird, finden diese Seminare am Sitz des BDIMR statt und dauern höchstens eine Woche. Das Arbeitsprogramm wird die Arbeit einschlä- giger internationaler Organisationen und Institutionen berücksichtigen.
(18) Diese Seminare werden offen und flexibel veranstaltet. Einschlägige internationale Organisa- tionen und Institutionen können eingeladen werden, teilzunehmen und Beiträge zu leisten. Dies gilt ebenfalls für nichtstaatliche Organisationen mit einschlägigen Erfahrungen. Unabhängigen Experten, die dem Seminar als Mitglieder nationaler Delegationen beiwohnen, wird es freistehen, auch in persönlicher Eigenschaft zu sprechen.
(19) KSZE-Seminare werden in formellen und informellen Sitzungen veranstaltet. Alle formellen Sitzungen sind offen. Darüber hinaus können die Teilnehmerstaaten von Fall zu Fall entscheiden, informelle Sitzungen für die Öffentlichkeit zugänglich zu machen.
(20) KSZE-Seminare erarbeiten weder ein verhandeltes Dokument noch Folgeprogramme.
(21) Beiträge unabhängiger Experten sind unbeschränkt zugänglich. (…)
Verstärkte Verpflichtungen und Zusammenarbeit im Bereich der menschlichen Dimension
Nationale Minderheiten
Die Teilnehmerstaaten
(23) bekräftigen mit größtem Nachdruck ihre Entschlossenheit, all ihren KSZE-Verpflichtungen unverzüglich und getreu nachzukommen, eingeschlossen die des Abschließenden Dokuments von Wien, des Kopenhagener Dokuments und des Genfer Berichts betreffend Fragen nationaler Min- derheiten und die Rechte der diesen angehörigen Personen;
(24) werden in diesem Zusammenhang ihre Bemühungen verstärken, um sicherzustellen, daß Angehörige nationaler Minderheiten ihre Menschenrechte und Grundfreiheiten einzeln oder in Gemeinschaft mit anderen frei ausüben können, einschließlich des Rechts auf umfassende Betei- ligung am politischen, wirtschaftlichen, gesellschaftlichen und kulturellen Leben ihrer Länder in Übereinstimmung mit den demokratischen Entscheidungsverfahren jedes Staats, einschließlich durch demokratische Teilnahme an der Entscheidungsfindung und an beratenden Gremien auf nationaler, regionaler und lokaler Ebene, unter anderem durch politische Parteien und Verbände;
(25) werden auch weiterhin durch unilaterale, bilaterale und multilaterale Bemühungen nach weite- ren Möglichkeiten für eine wirksamere Verwirklichung ihrer einschlägigen KSZE- Verpflichtungen suchen, darunter derjenigen betreffend den Schutz und die Schaffung von Bedingungen für die För- derung der ethnischen, kulturellen, sprachlichen und religiösen Identität nationaler Minderheiten;
(26) werden Fragen nationaler Minderheiten in konstruktiver Weise, mit friedlichen Mitteln und durch Dialog zwischen allen betroffenen Parteien auf der Grundlage der KSZE-Prinzipien und – Verpflichtungen behandeln;
(27) werden Abstand davon nehmen und alle Versuche verurteilen, durch die Androhung oder Anwendung von Gewalt Personen mit dem Ziel umzusiedeln, die ethnische Zusammensetzung von Gebieten innerhalb ihrer Territorien zu verändern;
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Urbevölkerungen
Die Teilnehmerstaaten
(29) stimmen unter Hinweis darauf, daß Angehörige von Urbevölkerungen besondere Probleme bei der Ausübung ihrer Rechte haben können, überein, daß ihre KSZE-Verpflichtungen betreffend Menschenrechte und Grundfreiheiten voll und ohne Diskriminierung für solche Personen gelten.
Toleranz und Nichtdiskriminierung
Die Teilnehmerstaaten
(30) bringen ihre Betroffenheit über jüngste eklatante Äußerungen von Intoleranz, Diskriminie- rung, aggressivem Nationalismus, Fremdenhaß, Antisemitismus und Rassismus zum Ausdruck und unterstreichen die wichtige Rolle von Toleranz, Verständnis und Zusammenarbeit bei der Errichtung und Erhaltung stabiler demokratischer Gesellschaften; (…)
(32) werden den Beitritt zur Internationalen Konvention über die Beseitigung jeder Form der ras- sischen Diskriminierung in Erwägung ziehen, falls sie das noch nicht getan haben;
(33) werden die Durchführung geeigneter Maßnahmen in ihrem verfassungsrechtlichen Rahmen und in Übereinstimmung mit ihren internationalen Verpflichtungen erwägen, um den Schutz jedweder Person auf ihrem Territorium vor Diskriminierung aus rassischen, ethnischen und reli- giösen Gründen sicherzustellen und um jedermann, einschließlich von Ausländern, vor Gewalt- taten zu schützen, auch vor Gewalttaten aus einem dieser Gründe. Darüber hinaus werden sie ihre innerstaatlichen Rechtsverfahren, einschließlich der Durchsetzung diesbezüglich bestehen- der Gesetze, voll zur Geltung bringen;
(34) werden die Ausarbeitung von Programmen erwägen, die die Bedingungen für die Förderung der Nichtdiskriminierung und der kulturübergreifenden Verständigung schaffen, deren Schwer- punkt auf Menschenrechtserziehung, Maßnahmen an der Basis, kulturübergreifender Ausbildung und Forschung liegt;
(35) bekräftigen in diesem Zusammenhang erneut die Notwendigkeit, geeignete Programme zu entwickeln, die sich mit Problemen ihrer jeweiligen Staatsangehörigen beschäftigen, die den Roma und anderen traditionell als Zigeuner angesprochenen Gruppen angehören, und für diese Bedin- gungen zu schaffen, unter denen sie die gleichen Chancen haben, sich voll am Leben der Gesell- schaft zu beteiligen, und werden erwägen, wie sie zu diesem Zweck zusammenarbeiten können.
Wanderarbeiter
Die Teilnehmerstaaten
(36) bringen erneut zum Ausdruck, daß Menschenrechte und Grundfreiheiten allgemein gültig sind, daß Wanderarbeiter, wo immer sie auch leben, sie auch genießen, und bekräftigen die Bedeu- tung der Durchführung aller KSZE-Verpflichtungen betreffend Wanderarbeiter und deren Fami- lien, die sich rechtmäßig in den Teilnehmerstaaten aufhalten;
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(37) werden zur Schaffung von Bedingungen ermutigen, die geeignet sind, harmonischere Bezie- hungen zwischen Wanderarbeitern und der übrigen Gesellschaft des Teilnehmerstaates, in dem sie sich regelmäßig aufhalten, entstehen zu lassen. Zu diesem Zweck werden sie sich unter ande- rem bemühen, Möglichkeiten anzubieten, die es Wanderarbeitern und ihren Familien erleichtern, sich mit den Sprachen und dem gesellschaftlichen Leben des entsprechenden Teilnehmerstaates, in dem sie sich rechtmäßig aufhalten, vertraut zu machen, so daß sie in die Lage versetzt werden, am Leben der Gesellschaft im Gastland teilzunehmen;
(38) werden sich, soweit angemessen, in Übereinstimmung mit ihren innerstaatlichen politischen Konzepten, Gesetzen und internationalen Verpflichtungen bemühen, Bedingungen zu schaffen für die Förderung der Chancengleichheit betreffend Arbeitsbedingungen, Bildung, soziale Sicher- heit, Gesundheitswesen, Wohnungswesen, Zugang zu Gewerkschaften sowie kulturelle Rechte für Wanderarbeiter, die sich im Land rechtmäßig aufhalten und dort arbeiten.
Flüchtlinge und vertriebene Personen
Die Teilnehmerstaaten
(39) bringen ihre Besorgnis über das Flüchtlings- und Vertriebenenproblem zum Ausdruck;
(40) unterstreichen die Wichtigkeit, Situationen zu verhindern, die Massenströme von Flüchtlin- gen und Vertriebenen zur Folge haben können, und betonen die Notwendigkeit, die Wurzeln von Vertreibung und unfreiwilligen Wanderbewegungen zu ermitteln und anzusprechen;
(41) anerkennen die Notwendigkeit der internationalen Zusammenarbeit bei der Bewältigung von Massenströmen von Flüchtlingen und Vertriebenen;
(42) anerkennen, daß Vertreibung oft das Ergebnis von Verstößen gegen KSZE-Verpflichtungen ist, einschließlich jener im Bereich der menschlichen Dimension;
(43) bekräftigen erneut die Bedeutung bestehender internationaler Normen und Übereinkünfte über den Schutz und die Hilfe für Flüchtlinge und werden den Beitritt zur Konvention über den Status von Flüchtlingen und dem Protokoll erwägen, sofern sie dies noch nicht getan haben;
(44) anerkennen die Bedeutung des Hohen Kommissars der Vereinten Nationen für Flüchtlings- fragen und des Internationalen Komitees vom Roten Kreuz sowie der an der Nothilfe beteiligten nichtstaatlichen Organisationen im Hinblick auf Schutz und Hilfe für Flüchtlinge und Vertriebene;
(45) begrüßen und unterstützen unilaterale, bilaterale und multilaterale Bemühungen um die Gewährleistung von Schutz und Hilfe für Flüchtlinge und Vertriebene mit dem Ziel, dauerhafte Lösungen zu finden; (…)
Humanitäres Völkerrecht
Die Teilnehmerstaaten
(47) erinnern daran, daß das humanitäre Völkerrecht auf der dem Menschen innewohnenden Würde beruht;
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(48) werden unter allen Umständen das humanitäre Völkerrecht achten und seine Achtung sichern, einschließlich des Schutzes der Zivilbevölkerung;
(49) erinnern daran, daß diejenigen, die das humanitäre Völkerrecht verletzen, persönlich zur Rechenschaft gezogen werden;
(50) anerkennen die wesentliche Rolle des Internationalen Komitees vom Roten Kreuz bei der För- derung der Durchführung und Weiterentwicklung des humanitären Völkerechts, einschließlich der Genfer Konventionen und ihrer einschlägigen Protokolle;
(51) bekräftigen erneut ihre Verpflichtung, dem Internationalen Komitee vom Roten Kreuz sowie den Gesellschaften des Roten Kreuzes und des Roten Halbmonds und den Organisationen der Ver- einten Nationen insbesondere in Zeiten bewaffneter Konflikte volle Unterstützung zu gewähren, ihre Schutzembleme zu achten, den Mißbrauch dieser Embleme zu verhindern und gegebenen- falls alle Bemühungen zu unternehmen, um Zugang zu den betroffenen Gebieten zu gewährleisten;
(52) werden ihrer Pflicht nachkommen, ihre Verpflichtungen im Rahmen des humanitären Völ- kerrechts zu lehren und Informationen darüber zu verbreiten.
Demokratie auf lokaler und regionaler Ebene
Die Teilnehmerstaaten
(53) werden bestrebt sein, zur Stärkung der demokratischen Beteiligung und des Aufbaus demo- kratischer Institutionen und bei der Weiterentwicklung der Zusammenarbeit untereinander ihre jeweiligen Erfahrungen mit der Funktionsweise der Demokratie auf lokaler und regionaler Ebene untereinander auszutauschen und begrüßen vor diesem Hintergrund das diesbezügliche Infor- mations- und Ausbildungsnetz des Europarats;
(54) werden Kontakte erleichtern und unterschiedliche Formen der Zusammenarbeit zwischen Gremien auf lokaler und regionaler Ebene ermutigen.
Staatsbürgerschaft
Die Teilnehmerstaaten
(55) anerkennen, daß jeder das Recht auf eine Staatsangehörigkeit hat und daß niemandem will- kürlich seine/ihre Staatsbürgerschaft entzogen werden soll;
(56) unterstreichen, daß alle Aspekte der Staatsbürgerschaft nach dem Gesichtspunkt der Rechts- staatlichkeit zu behandeln sind. Sie werden, falls angebracht, Maßnahmen ergreifen, um im Ein- klang mit ihrem verfassungsmäßigen Rahmen Staatenlosigkeit nicht zunehmen zu lassen;
(57) werden innerhalb der KSZE die Diskussion über diese Fragen fortsetzen.
Todesstrafe
Die Teilnehmerstaaten
(58) bekräftigen ihre im Kopenhagener und Moskauer Dokument zum Ausdruck gebrachten Ver- pflichtungen in der Frage der Todesstrafe.
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Freie Medien
Die Teilnehmerstaaten
(59) weisen das BDIMR an, ein KSZE-Seminar im Rahmen der menschlichen Dimension zum Thema „Freie Medien“ zu veranstalten, das 1993 stattfinden soll. Ziel des Seminars wird sein, die Diskussion, Demonstration, die Herstellung von Kontakten sowie den Informationsaustausch zwi- schen Vertretern der Regierungen und den in den Medien Tätigen zu ermutigen.
Bildungswesen
Die Teilnehmerstaaten
(60) würden begrüßen, wenn angesichts der Bedeutung des Bildungswesens in bezug auf die Ver- breitung der Gedanken der Demokratie, der Menschenrechte und demokratischer Institutionen besonders in einer Zeit des Wandels der Europarat zu diesem Zweck ein für alle Teilnehmerstaa- ten offenstehendes Seminar veranstaltete, mit dem Titel „Bildungswesen: Strukturen, Grundsätze und Strategien“.
Zusammenstellung von Verpflichtungen im Bereich der menschlichen Dimension
Die Teilnehmerstaaten
(61) begrüßen die Erarbeitung von Zusammenstellungen bestehender KSZE-Verpflichtungen im Bereich der menschlichen Dimension, um ein größeres Verständnis für die Implementierung die- ser Verpflichtungen zu fördern.
Richtlinien für die innerstaatliche Implementierung
Die Teilnehmerstaaten
(62) werden, falls angebracht, die Erarbeitung von Richtlinien fördern, um zur wirksamen Imple- mentierung innerstaatlicher Gesetze zu Menschenrechtsfragen mit Bezug auf KSZE- Verpflich- tungen beizutragen. (…)
128 Dokument des dritten Treffens des Rates Stockholm 1992
Zusammenfassung der Schlussfolgerungen des Stockholmer Ratstreffens
Die Gestaltung eines neuen Europa – die Rolle der KSZE (…)
Die Minister brachten ihr anhaltendes Engagement zum Ausdruck, die KSZE zur Festigung von Menschenrechten, Demokratie, Rechtsstaatlichkeit und wirtschaftlicher Freiheit als Fundament für Frieden, Sicherheit und Stabilität zu nutzen, um Konflikte im KSZE-Gebiet zu verhindern, zu bewältigen und zu lösen.
Die Minister verurteilten die zunehmende Anwendung von Gewalt in Europa, die immer mehr Gewaltätigkeit und Haß erzeugt. Sie wiesen nachdrücklich die anhaltenden schwerwiegenden Ver- letzungen der Menschenrechte zurück. Sie verpflichteten sich zum Handeln gegen zunehmende Manifestationen des Rassismus, des Antisemitismus und sämtlicher Formen der Intoleranz im KSZE-Gebiet. (…)
Zu den wichtigen Aspekten der KSZE-Strategie gehören: (…) • die Betonung der Fähigkeit der KSZE zur Frühwarnung durch die Ernennung eines Hohen Kommissars für nationale Minderheiten, der die volle politische Unterstützung aller Teilneh- merstaaten genießt; • die aktive Heranziehung von Missionen und Vertretern als Teil der vorbeugenden Diplomatie zur Förderung von Dialog und Stabilität und zur Frühwarnung; • die wirksame Heranziehung von Missionen und Vertretern in Krisengebieten als Teil einer Stra- tegie von Konsultationen, Verhandlungen und abgestimmten Aktionen zur Begrenzung von Konflikten, ehe es zu Gewaltausbrüchen kommt; • nach Bedarf, die Zusammenarbeit mit internationalen Organisationen und mit einzelnen Teil- nehmerstaaten, um zu gewährleisten, daß das breite Spektrum der KSZE-Mechanismen und -Verfahren, einschließlich Friedenserhaltung, angewandt werden kann; • verstärkte Anstrengungen, an die Wurzeln von Konflikten heranzugehen durch Anwendung aller Aspekte der menschlichen Dimension der KSZE und durch direktere Einbeziehung nicht- staatlicher Organisationen und einzelner Bürger in die Arbeit der KSZE; • die Heranziehung aller Regierungen zu gegenseitiger Verantwortlichkeit für ihr Verhalten gegen- über ihren Bürgern und gegenüber ihren Nachbarstaaten sowie die Heranziehung von Einzelper- sonen zu persönlicher Rechenschaft für Kriegsverbrechen und Verletzungen des humanitären Völkerrechts;
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(…)
Beschlüsse (…)
2. Die KSZE als Wertegemeinschaft
Das umfassende Sicherheitskonzept der KSZE stellt Frieden, Sicherheit und Wohlstand in einen direkten Zusammenhang mit der Einhaltung der Menschenrechte und den demokratischen Frei- heiten. Viele der gegenwärtigen Probleme sind damit verbunden, daß es nicht gelungen ist, die KSZE-Verpflichtungen und -Prinzipien einzuhalten.
Die Mechanismen der menschlichen Dimension der KSZE werden zunehmend als eine wesentli- che Grundlage für die Bemühungen der KSZE um Frühwarnung und Konfliktverhütung angewen- det. Ihre weitere Ausarbeitung und Anwendung wird die Fähigkeit der KSZE erheblich stärken, den Hauptursachen der Spannungen nachzugehen und ihre Mechanismen für die Frühwarnung bezüglich potentiell gefährlicher Situationen zu präzisieren.
Die Minister begrüßten die verstärkte Rolle des Büros für Demokratische Institutionen und Men- schenrechte und die Ernennung des Hohen Kommissars für nationale Minderheiten als besonders nützliche Schritte zur umfassenderen Einbeziehung der menschlichen Dimension in die politi- schen Konsultationen und gemeinsamen Aktionen der Teilnehmerstaaten (…)Sie gaben der Hoff- nung Ausdruck, daß die neu aufgenommenen Teilnehmerstaaten die durch diese Institutionen geschaffenen Möglichkeiten besonders nutzen werden.
Die Einhaltung der KSZE-Verpflichtungen ist von grundlegender Bedeutung. Die Überwachung der Einhaltung gibt den Regierungen der Teilnehmerstaaten entscheidende Informationen an die Hand, auf deren Grundlage sie politische Maßnahmen festlegen können (…)
Die Minister brachten ihre tiefe Besorgnis über die jüngsten Manifestationen von aggressivem Natio nalismus, Xenophobie, Antisemitismus, Rassismus und anderen Verletzungen der Menschenrechte zum Ausdruck. Verletzungen des humanitären Völkerrechts und der KSZE-Prinzipien und -Ver- pflichtungen, wie etwa „ethnische Säuberungen“ oder Massendeportationen gefährden die Erhal- tung von Frieden, Sicherheit und Demokratie und werden nicht geduldet. Sie waren überzeugt, daß die KSZE, und insbesondere der Ausschuß Hoher Beamter und der Hohe Kommissar für natio nale Minderheiten diesen Gefahren für die Menschenrechte und Grundfreiheiten zunehmende Aufmerksamkeit widmen sollten. Der AHB wird dem Ministerrat auf seinem nächsten Treffen, wenn sich dieser mit den bisherigen Entwicklungen beschäftigt, über diese Frage Bericht erstatten.
Die Minister betonten weiterhin die bedeutende Rolle, die die menschliche Dimension der KSZE bei einer längerfristigen Konfliktverhütung spielen sollte. Sie unterstrichen die Notwendigkeit positiver, auf die Förderung von Verständigung und Toleranz sowie auf nationale und örtliche vorbeugende Maßnahmen ausgerichteter Schritte. Sie unterstrichen die Bedeutung direkter Kontakte zwischen staatlichen und nichtstaatlichen Experten durch eine Reihe von Seminaren über die menschliche Dimension, die mit dem KSZE-Seminar über Toleranz erfolgreich eingeleitet wurde (…)
Das wachsende Flüchtlings- und Vertriebenenproblem ist eine Frage von großer Besorgnis für alle Teilnehmerstaaten, insbesondere bei Konflikten, durch die die Erfüllung grundlegender mensch- licher Bedürfnisse besonders gefährdet wird. Die Minister bedauerten das Leid der Zivilbevöl- kerung, die durch solche Konflikte am stärksten in Mitleidenschaft gezogenen wird, und riefen
130 Stockholm 1992
alle Teilnehmerstaaten auf, ihren Beitrag zu gemeinsamen Bemühungen zu leisten, um die Last gemeinsam zu tragen. Alle Regierungen sind sich gegenseitig für ihr Verhalten gegenüber ihren Bürgern und gegenüber ihren Nachbarn verpflichtet. Einzelpersonen werden für Kriegsverbre- chen und Verletzungen des humanitären Völkerrechts persönlich zur Verantwortung gezogen. (…)
3. Hoher Kommissar für nationale Minderheiten
Der Rat ernannte Herrn Max van der Stoel zum Hohen Kommissar für nationale Minderheiten der KSZE, um die Fähigkeit der KSZE zur Frühwarnung und zur vorbeugenden Diplomatie zu stärken. Der Hohe Kommissar wird im Rahmen des im Helsinki-Dokument festgelegten Mandats handeln. Die Minister brachten ihre Unterstützung für den Hohen Kommissar und ihre Bereitschaft zum Ausdruck, mit ihm bei der Ausübung seiner vielschichtigen und gleichzeitig entscheidenden Auf- gabe zusammenzuarbeiten, die darin besteht, Spannungen in bezug auf Fragen nationaler Minder- heiten, die das Potential zu einem Konflikt im KSZE-Gebiet in sich bergen, zum frühestmöglichen Zeitpunkt zu erkennen und einzudämmen.
Die Minister ermutigten den Hohen Kommissar, potentielle Spannungsgebiete sorgfältig zu ana- lysieren, jeglichen Teilnehmerstaat zu besuchen und auf allen Ebenen breitgefächerte Erörterun- gen mit den am Problem direkt beteiligten Parteien zu führen. Hierbei kann der Hohe Kommissar die Fragen mit den Parteien diskutieren und gegebenenfalls Dialog, Vertrauen und Zusammenar- beit zwischen ihnen auf allen Ebenen fördern, um politische Lösungen in Übereinstimmung mit den KSZE-Prinzipien und – Verpflichtungen zu fördern.
Die Minister verpflichteten sich, den Hohen Kommissar unter voller Wahrung seiner Unabhän- gigkeit gemäß dem Mandat mit ihnen zur Verfügung stehenden einschlägigen Informationen zu Fragen nationaler Minderheiten zu versehen. (…)
131 Dokument des vierten Treffens des Rates Rom 1993
Die KSZE und das neue Europa – unsere Sicherheit ist unteilbar (…)
Die Minister brachten ihre tiefe Besorgnis darüber zum Ausdruck, daß die Bedrohungen für Frie- den und Stabilität rasch zunehmen und daß Krisen, weitverbreitete Gewalt und offene Konfrontatio nen anhalten. Sie verurteilten nachdrücklich die zunehmenden Verletzungen der Menschenrechte und des humanitären Rechts sowie den Versuch von Ländern, Gebiete durch Gewaltanwendung zu erwerben. Die durch bewaffnete Konflikte verursachten wachsenden Flüchtlingsströme und das durch solche Konflikte hervorgerufene entsetzliche menschliche Leid müssen so rasch wie mög- lich eingedämmt werden. Die Minister bekräftigten die persönliche Verantwortung derer, die Ver- brechen gegen die Menschlichkeit begehen.
Trotz dieser Ereignisse sind ermutigende Fortschritte im Bereich der Menschenrechte, der Demo- kratie und der Rechtsstaatlichkeit in mehreren Teilen des KSZE-Raums festzustellen. Die Minister brachten ihre Genugtuung über die Verbreitung freier Wahlen und die Entwicklung von demo- kratischen Institutionen in zahlreichen Teilnehmerstaaten zum Ausdruck. Die Minister äußerten ihre Absicht, zu gewährleisten, daß die KSZE für solche Bemühungen eine angemessene Unter- stützung bereitstellt. (…)
Die Minister unterstrichen die Notwendigkeit, die Fähigkeiten der KSZE im Bereich der Frühwar- nung und der vorbeugenden Diplomatie umfassender zu nutzen und die menschliche Dimension in diese Bemühungen verstärkt zu integrieren. Sie würdigten den Beitrag des Hohen Kommissars für nationale Minderheiten zur Entwicklung dieser Fähigkeiten.
Sie begrüßten ferner die gewachsene Rolle des Büros für Demokratische Institutionen und Men- schenrechte im Rahmen der menschlichen Dimension sowie die Beiträge der KSZE-Missionen auf dem Gebiet der Konfliktverhütung und der Krisenbewältigung. Das Ziel weiterer Bemühun- gen sollte auf die Verbesserung der Fähigkeiten gerichtet sein, sich mit potentiellen Krisen früh- zeitig auseinanderzusetzen. (…)
Um ihren Verpflichtungen Nachdruck und Richtung zu verleihen, haben die Minister ein Aktions- programm vereinbart, das durch die heute von ihnen angenommenen Beschlüsse umzusetzen ist.
Bei diesen Beschlüssen geht es unter anderem um folgende Fragen: (…)
(c) Die Rolle des Hohen Kommissars für nationale Minderheiten wird verstärkt
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(d) Die menschliche Dimension wird in den politischen Konsultationsprozeß der KSZE weiter integriert; das BDIMR wird weiter gestärkt. (…)
(j) Die Rolle der KSZE bei der Bekämpfung von aggressivem Nationalismus, Rassismus, Chauvi- nismus, Fremdenfeindlichkeit und Antisemitismus wird verstärkt.
Beschlüsse des Treffens des Rates in Rom (…)
III. Hoher Kommissar für nationale Minderheiten
Unter Berücksichtigung der engen Wechselbeziehung zwischen Problemen der nationalen Min- derheiten und der Konfliktverhütung ermutigten die Minister den Hohen Kommissar für natio- nale Minderheiten, seine Tätigkeit gemäß dem Mandat fortzusetzen. Sie betrachteten den Hohen Kommissar für nationale Minderheiten als einen innovativen und effektiven Aktivposten bei der Frühwarnung und vorbeugenden Diplomatie. Die Minister unterstrichen die Bedeutung der umfassenden Zusammenarbeit der Teilnehmerstaaten mit dem Hohen Kommissar und der Unter- stützung von Folgemaßnahmen und Verwirklichung seiner Empfehlungen. Sie begrüßten den Beschluß des AHB zur Aufstockung der dem Hohen Kommissar für nationale Minderheiten zur Verfügung stehenden Ressourcen.
IV. Die menschliche Dimension
1. Die Minister bekräftigten, daß die Fragen der menschlichen Dimension für das umfassende Sicherheitskonzept der KSZE von grundlegender Bedeutung sind. Sie stellten fest, daß die Einhal- tung der Verpflichtungen im Bereich der menschlichen Dimension in großen Teilen des KSZE- Gebiets weiter konsolidiert werden muß, und brachten ihre besondere Besorgnis darüber zum Ausdruck, daß bei anhaltenden Konflikten im KSZE-Gebiet weiterhin Zivilisten Opfer von Grau- samkeiten sind. Besorgt über die Grundursachen von Spannungen, die historischen Vorurteilen entstammen, riefen die Minister zu Bemühungen auf, um – unter anderem durch Bildungsarbeit – Toleranz und ein Bewußtsein der Zugehörigkeit zu einem System gemeinsamer Werte zu fördern. Die Minister betonten, daß die Durchführung der Verpflichtungen im Bereich der menschlichen Dimension bei den Bemühungen der KSZE um Konfliktverhütung im Brennpunkt der Aufmerk- samkeit stehen muß.
2. Zu diesem Zweck beschlossen die Minister, das im Rahmen der menschlichen Dimension der KSZE zur Verfügung stehende Instrumentarium der Konfliktverhütung und Frühwarnung zu ver- bessern. Sie betonten in diesem Zusammenhang die Notwendigkeit verstärkter Zusammenarbeit und Koordinierung mit einschlägigen internationalen Organisationen wie dem Europarat sowie mit nichtstaatlichen Organisationen.
Folgende Beschlüsse wurden gefaßt:
3. Der politische Konsultationsprozeß und KSZE-Missionen • Um politische Beratungen und Aktionen im Rahmen der menschlichen Dimension zu för- dern, werden die beschlußfassenden Gremien der KSZE Fragen der menschlichen Dimension regelmäßig als festen Bestandteil der Beratungen über die europäische Sicherheit in Erwägung
133 Rom 1993
ziehen. Dem BDIMR werden zur Unterstützung solcher Erwägungen Ressourcen und Informa- tionen zur Verfügung gestellt. • Den Fragen der menschlichen Dimension wird in den Mandaten der KSZE- Missionen sowie in den Folgemaßnahmen zu den Missionsberichten weitere Aufmerksamkeit geschenkt. Zu diesem Zweck wird das BDIMR bei der Vorbereitung von KSZE-Missionen eine größere Rolle erhalten, unter anderem bei der Bereitstellung von Informationen und der Beratung von Missionen ent- sprechend seiner Sachkenntnis. • Im Zusammenhang mit Konfliktverhütung und Krisenbewältigung wird vom AHB und vom Ständigen Ausschuß der KSZE gegebenenfalls auch – unter Berücksichtigung der Rolle ande- rer einschlägiger internationaler Gremien – die Frage der Massenmigration, nämlich von Ver- triebenen und Flüchtlingen, behandelt.
4. Büro für Demokratische Institutionen und Menschenrechte
Die Minister beschlossen, die Aufgaben und Operationen des BDIMR zu stärken. Das BDIMR wird seine Tätigkeit entsprechend seinem Mandat unter anderem in folgenden Bereichen verstärken: • Aufbau einer erweiterten Datenbank von Experten in den für die menschliche Dimension rele- vanten Bereichen. Die Teilnehmerstaaten und nichtstaatlichen Organisationen werden ersucht, das BDIMR über Experten in Kenntnis zu setzen, die in den für die menschliche Dimension relevanten Bereichen zur Verfügung stehen; • Verstärkung seiner Rolle bei der umfassenden Wahlüberwachung; • verstärkte Zusammenarbeit mit einschlägigen internationalen Organisationen zur Koordinie- rung der Tätigkeit und zur Feststellung möglicher Bereiche für gemeinsame Unternehmungen; • Entgegennahme von Informationen, die von nichtstaatlichen Organisationen mit einschlägigen Erfahrungen im Bereich der menschlichen Dimension bereitgestellt werden; • Funktion als Kontaktstelle für Informationen, die Teilnehmerstaaten entsprechend den KSZE- Verpflichtungen bereitstellen; • Verbreitung allgemeiner Informationen über die menschliche Dimension und das humanitäre Völkerrecht.
Die Minister bestimmten, daß dem BDIMR zur Erfüllung seiner neuen Aufgaben zusätzliche Res- sourcen gewährt werden sollten. Sie ersuchten den AHB, die finanziellen und administrativen Aus- wirkungen der oben dargelegten Verstärkung des BDIMR zu prüfen.
5. Straffung des Moskauer Mechanismus
In Anerkennung des Moskauer Mechanismus als eines wichtigen zwischenstaatlichen Instru- ments für Folgemaßnahmen im Bereich der menschlichen Dimension kamen die Minister über- ein, seine Wirksamkeit weiterzuentwickeln und seine Anwendung zu fördern, indem die gemäß diesem Mechanismus bestehende Liste erweitert wird und die Fristen verkürzt werden. Auch der Ständige Ausschuß der KSZE wird bevollmächtigt, den Mechanismus auszulösen sowie Folgemaß- nahmen auf der Grundlage der Berichte des Berichterstatters einzuleiten. Zu diesem Zweck wurde beschlossen, den Mechanismus entsprechend Anhang A abzuändern.
6. Weiterführung der Tätigkeit des Implementierungstreffens zu Fragen der menschlichen Dimen- sion und der Seminare über die menschliche Dimension • Die Minister maßen dem Ergebnis des ersten Implementierungstreffens zu Fragen der mensch- lichen Dimension sowie den über die menschliche Dimension durchgeführten Seminaren
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Bedeutung bei. Die Ergebnisse des Implementierungstreffens zu Fragen der menschlichen Dimen- sion wurden begrüßt, und der AHB sowie der Ständige Ausschuß der KSZE wurden beauftragt, relevante Folgemaßnahmen in Betracht zu ziehen. • Verstärkte Folgemaßnahmen durch die politischen Gremien der KSZE auf der Grundlage von Zusammenfassungen von Treffen und Seminaren im Bereich der menschlichen Dimension wer- den angestrebt. Das BDIMR wird in Absprache mit interessierten Teilnehmerstaaten eingela- den, anläßlich bevorstehender AHB-Treffen oder Treffen des Ständigen Ausschusses weitere Vorschläge für geeignete Folgemaßnahmen vorzulegen, die sich aus den Seminaren über die menschliche Dimension ergeben. • Die Minister würdigten die auf dem Seminar über freie Medien geleistete Arbeit zur Förde- rung eines redaktionell unabhängigen Rundfunks und Fernsehens sowie einer freien Presse. Sie bekräftigten ihre Verpflichtung zur Gewährleistung der freien Meinungsäußerung, eines menschlichen Grundrechts, und unterstrichen die Notwendigkeit unabhängiger Medien für eine freie und offene Gesellschaft. Zu diesem Zweck beschlossen die Minister, daß die KSZE-Instru- mente der menschlichen Dimension besser genutzt werden sollten, um offene Medien und eine breite Medienvielfalt zu fördern, einschließlich der Erkundung der Möglichkeit, KSZE-Missi- onen einzusetzen. (…)
VIII. Integration der kürzlich aufgenommenen Teilnehmerstaaten (…)
2. Die Minister unterstrichen die Bedeutung der menschlichen Dimension bei der weiteren Inte- gration der kürzlich aufgenommenen Teilnehmerstaaten. Obwohl sich zahlreiche dieser Staaten in einem schwierigen politischen und wirtschaftlichen Übergangsprozeß befinden, brachten die Minister ihre Erwartung zum Ausdruck, daß die kürzlich aufgenommenen Teilnehmerstaaten alles daransetzen, um die Durchführung aller KSZE-Prinzipien und -Verpflichtungen in ihren Ländern auch in Krisenzeiten zu gewährleisten. Sie würdigten die Rolle des BDIMR bei der Hilfe für den Aufbau demokratischer Institutionen in den kürzlich aufgenommenen Teilnehmerstaaten. Sie ersuchten das BDIMR, seine Bemühungen zur Feststellung und Verwirklichung von Koopera- tionsprojekten mit diesen Staaten im Rahmen des Programms der koordinierten Unterstützung zu verstärken. Sie nahmen ferner den wichtigen Beitrag zur Kenntnis, den die vom BDIMR veran- stalteten Seminare über die menschliche Dimension für ein besseres Verständnis der sich aus dem Integrationsprozeß ergebenden Probleme geleistet haben. Sie waren sich darin einig, daß die volle Nutzung der auf diesen Seminaren gesammelten Erfahrungen von Bedeutung ist. (…)
X. Erklärung über aggressiven Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus
1. Die Minister erinnerten an ihre auf der Stockholmer Tagung des Rates angenommenen Beschlüsse und nahmen mit großer Besorgnis die zunehmenden Erscheinungen von aggressivem Nationa- lismus, wie territorialen Expansionismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus zur Kenntnis. Diese sind den KSZE-Prinzipien und -Verpflichtungen diametral entgegengesetzt.
2. Die Minister nahmen ferner zur Kenntnis, daß solche Phänomene zu Gewalt, Sezessionsbe- strebungen durch Gewaltanwendung und ethnischer Zwietracht, sowie – in den schlimmsten
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Fällen – zu den barbarischen Praktiken der Massendeportation, der ethnischen Säuberung und der Gewaltanwendung gegen unschuldige Zivilpersonen führen können.
3. Aggressiver Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus führen zu ethnischen, politischen und sozialen Spannungen innerhalb von Staaten und zwischen diesen. Sie untergraben zugleich die internationale Stabilität und die weltweiten Anstrengungen zur festen Verankerung der allgemeinen Menschenrechte.
4. Die Minister richteten ihre Aufmerksamkeit auf die Notwendigkeit dringender Maßnahmen zur Durchsetzung der strikten Einhaltung der Normen des humanitären Völkerrechts, einschließlich Anklage und Bestrafung von Personen, die sich Kriegsverbrechen und anderer Verbrechen gegen die Menschlichkeit schuldig gemacht haben.
5. Die Minister waren sich darin einig, daß die KSZE bei diesen Bemühungen eine wichtige Rolle spielen muß. Die in den KSZE-Verpflichtungen enthaltenen eindeutigen Verhaltensnormen schlie- ßen die aktive Unterstützung gleicher Rechte für alle Menschen in Übereinstimmung mit dem Völkerrecht und des Schutzes nationaler Minderheiten ein.
6. Die Minister vereinbarten, dieser Frage auf der Tagesordnung der KSZE auch künftig hohe Pri- orität beizumessen, und beschlossen daher: • den Ständigen Ausschuß mit der Prüfung möglicher Folgemaßnahmen zu beauftragen; • den Hohen Kommissar für nationale Minderheiten einzuladen, allen Aspekten des aggressiven Nationalismus, Rassismus, Chauvinismus, der Fremdenfeindlichkeit und des Antisemitismus im Zusammenhang mit seinem Mandat besondere Aufmerksamkeit zu schenken; • das BDIMR zu ersuchen, diesen Phänomenen besondere Beachtung zu schenken und die zur Behandlung dieser Probleme notwendigen Ressourcen einzusetzen. (…)
Anhang A
Die Verfahrensweise gemäß Ziffer 3, 7, 11, 13 und 14 des Dokuments des Moskauer Treffens der Konferenz über die Menschliche Dimension der KSZE aus dem Jahre 1991 wird wie folgt abgeän- dert (alle Veränderungen sind unterstrichen):
(3) Eine Liste, die pro Teilnehmerstaat bis zu sechs von diesem ernannte Experten umfaßt, wird unverzüglich bei der KSZE-Institution erstellt. Die Experten werden namhafte Persönlichkeiten, einschließlich – wann immer möglich – Experten mit Erfahrung in Fragen mit Bezug auf natio- nale Minderheiten, vorzugsweise mit einem hohen Maß an Erfahrung im Bereich der menschlichen Dimension sein, von denen eine unparteiische Wahrnehmung ihrer Aufgaben erwartet werden kann.
Die Experten werden nach freiem Ermessen des ernennenden Teilnehmerstaates für einen Zeit- raum von drei bis sechs Jahren ernannt, wobei jedoch kein Experte diese Funktion länger als zwei aufeinanderfolgende Perioden ausüben darf. Innerhalb von vier Wochen nach Bekanntgabe der Ernennung durch die KSZE-Institution kann jeder Teilnehmerstaat Vorbehalte gegen höchs- tens zwei der von einem anderen Teilnehmerstaat ernannten Experten erheben. In einem solchen Fall kann der ernennende Staat innerhalb von vier Wochen nach Bekanntgabe solcher Vorbe- halte seine Entscheidung überprüfen und einen anderen bzw. andere Experten ernennen; falls er die ursprünglich beabsichtigte Ernennung bestätigt, darf der betreffende Experte an keinem
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Verfahren teilnehmen, das den Staat betrifft, der den Vorbehalt geäußert hat, es sei denn mit des- sen ausdrücklicher Zustimmung.
Die Liste findet Anwendung, sobald 45 Experten ernannt sind.
(7) Die Expertenmission wird ihre Feststellungen dem einladenden Staat so rasch wie möglich vor- legen, vorzugsweise innerhalb von drei Wochen nach Einberufung der Mission. Der einladende Staat wird spätestens zwei Wochen nach Vorlage der Feststellungen der Mission diese zusammen mit einer Darstellung der von ihm daraufhin unternommenen bzw. beabsichtigten Handlungen durch die KSZE-Institution an die anderen Teilnehmerstaaten weiterleiten.
Der Ausschuß Hoher Beamter kann über diese Feststellungen und mögliche Kommentare des ein- ladenden Staates beraten und auch mögliche weitere Schritte in Betracht ziehen. Die Feststellun- gen und Kommentare werden solange vertraulich behandelt, bis sie den Hohen Beamten vorgelegt werden. Solange die Feststellungen und jeglicher Kommentar nicht verteilt sind, darf keine andere Expertenmission zu derselben Frage ernannt werden.
(11) Der/Die KZSE-Berichterstatter wird/werden die Tatsachen feststellen und darüber berichten und kann/können Empfehlungen für mögliche Lösungen der aufgeworfenen Frage abgeben. Der Bericht des Berichterstatters/der Berichterstatter, der die festgestellten Tatsachen, Vorschläge und Empfehlungen umfaßt, wird dem betroffenen Teilnehmerstaat bzw. den betroffenen Teilnehmer- staaten und – wenn von den betroffenen Staaten nicht anders vereinbart – der KSZE-Institution spätestens zwei Wochen nach Ernennung des letzten Berichterstatters vorgelegt. Der ersuchte Staat wird – falls von allen betroffenen Teilnehmerstaaten nicht anders vereinbart – spätestens zwei Wochen nach Vorlage des Berichts der KSZE-Institution alle Bemerkungen zum Bericht zuleiten.
Die KSZE-Institution wird den Bericht sowie alle vom ersuchten Staat bzw. von irgendeinem ande- ren Teilnehmerstaat gemachten Bemerkungen unverzüglich an alle Teilnehmerstaaten weiterleiten.
Der Bericht wird auf die Tagesordnung des nächsten ordentlichen Treffens des Ausschusses Hoher Beamter oder des Ständigen Ausschusses der KSZE gesetzt werden, die über mögliche weitere Schritte entscheiden können. Der Bericht bleibt bis zum Abschluß dieses Treffens des Ausschus- ses vertraulich. Solange der Bericht nicht verteilt ist, kann kein anderer Berichterstatter zu der- selben Frage ernannt werden.
(13) Auf Ersuchen eines jeglichen Teilnehmerstaates kann der Ausschuß Hoher Beamter oder der Ständige Ausschuß der KSZE beschließen, eine Mission von Experten bzw. KSZE-Berichterstat- tern einzusetzen. In einem solchen Fall wird der Ausschuß auch festlegen, ob die einschlägigen Bestimmungen der vorangegangenen Ziffern Anwendung finden.
(14) Der bzw. die Teilnehmerstaaten, die um die Einsetzung einer Mission von Experten bzw. Berichterstattern ersucht haben, tragen die Kosten für diese Mission. Im Falle der Ernennung von Experten bzw. Berichterstattern aufgrund eines Beschlusses des Ausschusses Hoher Beamter oder des Ständigen Ausschusses der KSZE werden die Kosten entsprechend dem üblichen Ver- teilerschlüssel der Kosten von den Teilnehmerstaaten getragen. Diese Verfahren werden auf dem KSZE-Folgetreffen von Helsinki überprüft werden.
137 Budapester Dokument: Der Weg zu echter Partnerschaft in einem neuen Zeitalter (Gipfeltreffen der Staats- und Regierungschefs)
Budapest 1994
Gipfelerklärung von Budapest (…)
7. (…) Die demokratischen Werte der KSZE sind von grundlegender Bedeutung für unser Ziel einer Staatengemeinschaft ohne alte oder neue Teilungen, in der die souveräne Gleichheit und die Unabhängigkeit aller Staaten in vollem Umfang geachtet werden, in der es keine Einflußsphären gibt und in der die Menschenrechte und die Grundfreiheiten aller, ungeachtet von Rasse, Haut- farbe, Geschlecht, Sprache, Religion, sozialer Herkunft oder der Zugehörigkeit zu einer Minder- heit nachdrücklich geschützt werden. (…)
14. Wir bekräftigen die Bedeutung der menschlichen Dimension für sämtliche Aktivitäten der KSZE. Die Achtung der Menschenrechte und Grundfreiheiten, der Demokratie und Rechtsstaatlichkeit ist ein wesentlicher Bestandteil der Sicherheit und der Zusammenarbeit in der KSZE-Region. Sie muß eines der vorrangigen Ziele der Tätigkeit der KSZE bleiben. Regelmäßige Überprüfungen der Durchführung unserer Verpflichtungen, die in der gesamten KSZE von grundlegender Bedeutung sind, sind im Bereich der menschlichen Dimension absolut erforderlich. Das Büro für demokra- tische Institutionen und Menschenrechte wird auf der Grundlage seiner erweiterten Fähigkeiten die Teilnehmerstaaten auch weiterhin unterstützen, insbesondere diejenigen im Übergang. Wir unterstreichen die Bedeutung menschlicher Kontakte im Hinblick auf die Bewältigung des Erbes alter Teilungen. (…)
Beschlüsse von Budapest
I. Stärkung der KSZE
1. Das neue Zeitalter der Sicherheit und Zusammenarbeit in Europa hat zu einem grundlegenden Wandel in der KSZE und zu einer dramatischen Stärkung ihrer Rolle im Hinblick auf die Gestal- tung unseres gemeinsamen Sicherheitsgebiets geführt. Um dies zum Ausdruck zu bringen, wird die KSZE künftig unter dem Namen Organisation für Sicherheit und Zusammenarbeit in Europa (OSZE) bekannt sein. Der Namenswechsel gilt ab dem 1. Januar 1995. Von diesem Zeitpunkt an werden alle Bezugnahmen auf die KSZE künftig als Bezugnahmen auf die OSZE betrachtet.
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(…)
3. Die Staats- und Regierungschefs haben verfügt, daß die KSZE künftig unter anderem folgende Rolle und folgende Aufgaben wahrnehmen wird: (…)
5. – die umfassende Durchführung aller KSZE-Verpflichtungen gewährleisten; (…)
11. – die Arbeit der KSZE im Bereich der Menschenrechte und Grundfreiheiten sowie in anderen Bereichen der menschlichen Dimension weiter entwickeln; (…)
14. Um diese Ziele zu erreichen, wird die KSZE ihre Aufgabe folgendermaßen wahrnehmen:
15. Das nächste Treffen der Staats- und Regierungschefs wird 1996 in Lissabon im Anschluß an ein Vorbereitungstreffen stattfinden. Das Gipfeltreffen wird über die Häufigkeit künftiger Gipfel- treffen entscheiden.
16. Der Ministerrat (vormals der Rat der KSZE) wird als das zentrale beschlußfassende und len- kende Gremium der KSZE in der Regel gegen Ende der Amtsperiode jedes Vorsitzenden auf Außen- ministerebene zusammentreten.
17. Der Hohe Rat (anstelle des Ausschusses Hoher Beamter) wird mindestens zweimal jährlich in Prag zusammentreten. Ein zusätzliches Treffen wird vor dem Treffen des Ministerrats stattfinden. Der Hohe Rat wird grundsatzpolitische und allgemeine haushaltspolitische Richtlinien erörtern und vorgeben. Es wird angeregt, daß die Teilnehmerstaaten auf der Ebene der politischen Direk- toren oder einer entsprechenden Ebene vertreten sind. Der Hohe Rat wird auch als Wirtschafts- forum einberufen.
18. Der Ständige Rat (vormals der Ständige Ausschuß) wird das reguläre, für die politische Konsul- tation und Entscheidungsfindung zuständige Gremium sein. Er kann auch aus Dringlichkeitsgrün- den einberufen werden. Er wird in Wien zusammentreten und sich aus den ständigen Vertretern der Teilnehmerstaaten zusammensetzen.
19. Die übergreifende Verantwortung für exekutive Maßnahmen wird weiterhin der amtierende Vorsitzende tragen. Dieser wird sein Mandat auch weiterhin in vollem Umfang nutzen, unter anderem durch die Entsendung persönlicher Vertreter. Der amtierende Vorsitzende wird durch die Troika unterstützt. Die Amtszeit des Vorsitzenden beträgt normalerweise ein Kalenderjahr.
20. Der Generalsekretär wird sein Mandat auch weiterhin in vollem Umfang nutzen und zur Unter- stützung des amtierenden Vorsitzenden aktiver in alle Aspekte der Verwaltung der KSZE einge- bunden sein. Er nimmt an den Ministertreffen der Troika teil.
21. Der Hohe Kommissar für nationale Minderheiten wird in der Weiterführung seiner Tätigkeit unterstützt und seine Ressourcen werden aufgestockt. Die Teilnehmerstaaten werden sich verstärkt darum bemühen, seine Empfehlungen umzusetzen.
22. Die KSZE-Missionen werden in ihrer Tätigkeit durch den Ständigen Rat politisch sowie im Hin- blick auf die praktische Umsetzung unterstützt. Um die Erfüllung ihrer Aufgaben zu gewährleisten,
139 Budapest 1994
werden sich die Teilnehmerstaaten zur Bereitstellung der notwendigen menschlichen und finan- ziellen Ressourcen verpflichten.
23. Das Büro für demokratische Institutionen und Menschenrechte der KSZE wird im Hinblick auf seine bedeutende Rolle im Rahmen von KSZE-Aktivitäten gestärkt.
24. Der amtierende Vorsitzende wird auch weiterhin enge Kontakte und einen aktiven Dialog mit der Parlamentarischen Versammlung (PV) pflegen. Er wird die Empfehlungen der PV dem Stän- digen Rat unterbreiten und die PV über die Aktivitäten der KSZE informieren.
25. Das gegenwärtige Verfahren der Überprüfung der Durchführung aller KSZE-Verpflichtun- gen wird beibehalten. Das jedem Gipfeltreffen vorausgehende Überprüfungstreffen wird in Wien stattfinden. (…)
IV. Verhaltenskodex zu politischen und militärischen Aspekten der Sicherheit
Präambel
Die Teilnehmerstaaten der Konferenz über Sicherheit und Zusammenarbeit in Europa (KSZE),
In der Erkenntnis, daß die Sicherheitskooperation unter anderem durch die weitere Förderung von Normen für ein verantwortungsvolles und auf Zusammenarbeit begründetes Verhalten im Sicher- heitsbereich gestärkt werden muß,
In der Bestätigung, daß dieser Kodex die Gültigkeit und Anwendbarkeit der Ziele und Grundsätze der Charta der Vereinten Nationen und anderer völkerrechtlicher Bestimmungen unberührt läßt,
In Bekräftigung der unverminderten Gültigkeit der Leitprinzipien und gemeinsamen Werte der Schlußakte von Helsinki, der Charta von Paris und des Helsinki-Dokuments 1992, welche die Ver- antwortung der Staaten untereinander sowie der Regierungen gegenüber ihren Völkern zum Aus- druck bringen, sowie der Gültigkeit anderer KSZE-Verpflichtungen,
Haben den folgenden Verhaltenskodex zu politischen und militärischen Aspekten der Sicherheit angenommen:
I
1. Die Teilnehmerstaaten betonen, daß die uneingeschränkte Achtung aller in der Schlußakte von Helsinki verankerten KSZE-Prinzipien und daß die Erfüllung aller im Rahmen der KSZE einge- gangenen Verpflichtungen nach Treu und Glauben für die Stabilität und die Sicherheit von grund- legender Bedeutung sind und folglich ein direktes und legitimes Anliegen für sie alle darstellen.
2. Die Teilnehmerstaaten bestätigen die fortdauernde Gültigkeit ihres umfassenden Sicherheitskon- zepts, das mit der Schlußakte von Helsinki eingeleitet wurde und das die Erhaltung des Friedens mit der Achtung der Menschenrechte und Grundfreiheiten verbindet. Es stellt einen Zusammen- hang zwischen der Zusammenarbeit in den Bereichen Wirtschaft und Umwelt und friedlichen zwischenstaatlichen Beziehungen her. (…)
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II
6. Die Teilnehmerstaaten werden terroristische Handlungen in keiner Weise unterstützen und geeignete Maßnahmen ergreifen, um den Terrorismus in all seinen Formen zu verhindern und zu bekämpfen. Sie werden bei der Bekämpfung der von terroristischen Aktivitäten ausgehenden Bedrohung in vollem Umfang zusammenarbeiten, indem sie internationale Instrumente und von ihnen in dieser Hinsicht vereinbarte Verpflichtungen anwenden. Sie werden insbesondere Schritte unternehmen, um den Anforderungen aus internationalen Übereinkommen gerecht zu werden, denen zufolge Terroristen von ihnen verfolgt oder ausgeliefert werden müssen. (…)
VI.
17. Die Teilnehmerstaaten verpflichten sich zur Zusammenarbeit, um Spannungen, die in einen Konflikt münden können, unter anderem durch die Schaffung solider wirtschaftlicher und umwelt- politischer Grundlagen entgegenzuwirken. Zu den Ursachen dieser Spannungen gehören Verletzun- gen der Menschenrechte und Grundfreiheiten und anderer Verpflichtungen in der menschlichen Dimension; Äußerungen von aggressivem Nationalismus, Rassismus, Chauvinismus, Fremden- feindlichkeit und Antisemitismus gefährden ebenfalls den Frieden und die Sicherheit.
18. Die Teilnehmerstaaten betonen sowohl die Bedeutung eines frühzeitigen Erkennens potenti- eller Konflikte als auch die Bedeutung ihrer gemeinsamen Bemühungen im Bereich der Konflikt- verhütung, der Krisenbewältigung und der friedlichen Beilegung von Streitigkeiten.
19. Im Falle eines bewaffneten Konflikts werden sie sich darum bemühen, die wirksame Einstel- lung der Feindseligkeiten zu erleichtern und Bedingungen zu schaffen, die eine politische Lösung des Konflikts begünstigen. Sie werden humanitäre Hilfeleistungen im Geiste der Zusammenar- beit unterstützen, um das Leid der Zivilbevölkerung zu lindern, indem sie unter anderem für das an solchen Aktionen beteiligte Personal und für Hilfsgüter den freien Durchgang erleichtern.
VII
20. Die Teilnehmerstaaten betrachten die demokratische politische Kontrolle der militärischen und paramilitärischen Kräfte und der inneren Sicherheitskräfte sowie der Nachrichtendienste und der Polizei als unerläßlichen Bestandteil der Stabilität und der Sicherheit. Sie werden als wichtigen Ausdruck der Demokratie die Integration ihrer Streitkräfte in die bürgerliche Gesellschaft fördern.
21. Jeder Teilnehmerstaat wird stets dafür sorgen, daß seine militärischen und paramilitärischen Kräfte sowie seine Sicherheitskräfte der wirksamen Führung und Kontrolle durch die verfassungs- mäßigen und demokratisch legitimierten Behörden unterliegen und daß diese Behörden ihre Kon- trollfunktion ausüben. Jeder Teilnehmerstaat wird kontrollieren, ob gewährleistet ist, daß diese Behörden ihren verfassungsmäßigen und gesetzlichen Pflichten nachkommen. Sie werden die Rolle und die Aufgaben dieser Kräfte und deren Verpflichtung, ausschließlich im Rahmen der Verfas- sung zu handeln, eindeutig festlegen.
22. Jeder Teilnehmerstaat wird dafür sorgen, daß die Verteidigungsausgaben von seinem Gesetz- gebungsorgan genehmigt werden. Jeder Teilnehmerstaat wird sich unter gebührender Beachtung der nationalen Sicherheitserfordernisse bei seinen Militärausgaben Zurückhaltung auferlegen und dafür sorgen, daß Transparenz herrscht und Informationen in bezug auf die Streitkräfte öffent- lich zugänglich sind.
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23. Jeder Teilnehmerstaat wird dafür sorgen, daß jeder einzelne Angehörige der Streitkräfte seine bürgerlichen Rechte ausüben kann, und gleichzeitig gewährleisten, daß seine Streitkräfte selbst politisch neutral sind.
24. Jeder Teilnehmerstaat wird Maßnahmen zum Schutz vor einem versehentlichen oder nicht genehmigten Einsatz militärischer Mittel vorsehen und beibehalten.
25. Die Teilnehmerstaaten werden keine Kräfte dulden oder unterstützen, die ihren verfassungs- mäßigen Behörden nicht rechenschaftspflichtig sind oder von diesen nicht kontrolliert werden. Ist ein Teilnehmerstaat nicht in der Lage, seine Amtsgewalt über solche Kräfte auszuüben, kann er um Konsultationen im Rahmen der KSZE ersuchen, um geeignete Schritte in Erwägung zu ziehen.
26. Jeder Teilnehmerstaat wird gewährleisten, daß sich seine paramilitärischen Kräfte im Einklang mit seinen internationalen Verpflichtungen des Erwerbs von Fähigkeiten für Kampfaufgaben über den Umfang hinaus enthalten, für den sie gebildet wurden.
27. Jeder Teilnehmerstaat wird gewährleisten, daß die Rekrutierung oder Einberufung von Personal zum Dienst in seinen militärischen und paramilitärischen Kräften sowie in seinen Sicherheitskräf- ten mit seinen Verpflichtungen hinsichtlich der Menschenrechte und Grundfreiheiten vereinbar ist.
28. Die Teilnehmerstaaten werden in ihren Gesetzen oder anderen einschlägigen Dokumenten die Rechte und Pflichten der Angehörigen der Streitkräfte festhalten. Sie werden die Einführung von Freistellungen vom Militärdienst oder Alternativen dazu in Erwägung ziehen.
29. Die Teilnehmerstaaten werden in ihren jeweiligen Ländern das humanitäre Kriegsvölkerrecht in breitem Umfang zugänglich machen. Ihre diesbezüglichen Verpflichtungen werden in ihren militärischen Schulungsprogrammen und Vorschriften der innerstaatlichen Praxis entsprechend Niederschlag finden.
30. Jeder Teilnehmerstaat wird die Angehörigen seiner Streitkräfte mit den für bewaffnete Kon- flikte geltenden internationalen humanitären rechtlichen Vorschriften, Regeln, Übereinkommen und Verpflichtungen vertraut machen und wird gewährleisten, daß sich die Angehörigen der Streit- kräfte der Tatsache bewußt sind, daß sie nach dem innerstaatlichen Recht und dem Völkerrecht für ihre Handlungen einzeln verantwortlich sind.
31. Die Teilnehmerstaaten werden gewährleisten, daß die mit Befehlsgewalt ausgestatteten Ange- hörigen der Streitkräfte diese im Einklang mit dem einschlägigen innerstaatlichen Recht und dem Völkerrecht ausüben und daß ihnen bewußt gemacht wird, daß sie nach diesem Recht für die unrechtmäßige Ausübung ihrer Befehlsgewalt einzeln zur Verantwortung gezogen werden kön- nen und daß Befehle, die gegen das innerstaatliche Recht und das Völkerrecht verstoßen, nicht erteilt werden dürfen. Die Verantwortlichkeit der Vorgesetzten entbindet die Untergebenen von keiner ihrer Verantwortlichkeiten.
32. Jeder Teilnehmerstaat wird gewährleisten, daß die Angehörigen der militärischen und para- militärischen Kräfte sowie der Sicherheitskräfte in der Lage sind, im Einklang mit den einschlägi- gen verfassungsrechtlichen und gesetzlichen Bestimmungen und den dienstlichen Erfordernissen in den Genuß ihrer Menschenrechte und Grundfreiheiten zu kommen und diese auszuüben, wie sie in den KSZE-Dokumenten und im Völkerrecht zum Ausdruck kommen.
33. Jeder Teilnehmerstaat wird für angemessene rechtliche und administrative Verfahren Sorge tragen, um die Rechte aller Angehörigen seiner Streitkräfte zu schützen.
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VIII
34. Jeder Teilnehmerstaat wird gewährleisten, daß seine Streitkräfte in Friedens- und Kriegszeiten so befehligt, personell besetzt, geschult und ausgerüstet werden, daß sie mit den Bestimmungen des Völkerrechts und dessen einschlägigen Verpflichtungen in bezug auf den Einsatz der Streitkräfte in bewaffneten Konflikten im Einklang stehen, einschließlich der Haager Konventionen von 1907 und 1954, der Genfer Konventionen von 1949 und der diesbezüglichen Zusatzprotokolle von 1977 beziehungsweise der Konvention von 1980 über den Einsatz bestimmter konventioneller Waffen.
35. Jeder Teilnehmerstaat wird gewährleisten, daß seine Verteidigungspolitik und seine Doktrin dem Völkerrecht, soweit es den Einsatz der Streitkräfte – auch in bewaffneten Konflikten – betrifft, sowie den einschlägigen Verpflichtungen aus diesem Kodex entsprechen.
36. Jeder Teilnehmerstaat wird gewährleisten, daß jeder Beschluß, seine Streitkräfte mit Aufga- ben der inneren Sicherheit zu betrauen, im Einklang mit den verfassungsrechtlichen Verfahren gefaßt wird. In diesen Beschlüssen werden den Streitkräften ihre Aufgaben vorgeschrieben, wobei zu gewährleisten ist, daß diese unter der wirksamen Kontrolle durch verfassungsmäßige Behörden sowie unter Einhaltung der Rechtsstaatlichkeit erfüllt werden. In Fällen, in denen zur Erfüllung von Aufgaben der inneren Sicherheit ein Rückgriff auf Gewalt nicht vermieden werden kann, wird jeder Teilnehmerstaat gewährleisten, daß der Einsatz von Gewalt den Erfordernissen der Durch- setzung angemessen sein muß. Die Streitkräfte werden es sorgsam vermeiden, Zivilpersonen zu beeinträchtigen oder deren Hab und Gut zu beschädigen.
37. Die Teilnehmerstaaten werden Streitkräfte nicht dazu heranziehen, um Personen einzeln oder als Vertreter von Gruppen in der friedlichen und gesetzmäßigen Ausübung ihrer Menschen- und Bürgerrechte einzuschränken oder ihrer nationalen, religiösen, kulturellen, sprachlichen oder eth- nischen Identität zu berauben.
IX
38. Jeder Teilnehmerstaat ist für die Einhaltung dieses Kodex verantwortlich. Auf Ersuchen wird ein Teilnehmerstaat Fragen in bezug auf die Einhaltung des Kodex in angemessener Weise klären. Um die Einhaltung dieses Kodex zu beurteilen, zu überprüfen und erforderlichenfalls zu verbes- sern, sind die entsprechenden Gremien, Mechanismen und Verfahren der KSZE heranzuziehen.
X
39. Die in diesem Verhaltenskodex angenommenen Bestimmungen sind politisch bindend. Dem- entsprechend kommt dieser Kodex für eine Registrierung nach Artikel 102 der Charta der Verein- ten Nationen nicht in Betracht. Dieser Kodex tritt am 1. Januar 1995 in Kraft.
40. Die in anderen KSZE-Dokumenten eingegangenen Verpflichtungen bleiben in ihrer Art und ihrem Inhalt von diesem Kodex unberührt.
41. Die Teilnehmerstaaten werden bestrebt sein, zu gewährleisten, daß die Verpflichtungen aus diesem Kodex in ihre einschlägigen innerstaatlichen Dokumente und Verfahren und gegebenen- falls in ihre Rechtsdokumente Eingang finden.
42. Der Wortlaut des Kodex wird in jedem Teilnehmerstaat veröffentlicht und von diesem verbrei- tet und in größtmöglichem Umfang bekanntgemacht.
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VIII. Die menschliche Dimension
Einleitung
1. Bei ihrer Überprüfung der Durchführung der KSZE-Verpflichtungen im Bereich der menschli- chen Dimension stützten sich die Teilnehmerstaaten in ihrer Diskussion auf die von ihnen gebil- dete Wertegemeinschaft, die in den im Rahmen der KSZE geschaffenen hohen Normen ihren Niederschlag findet. Während der Diskussion wurde festgestellt, daß bei der Einhaltung der Ver- pflichtungen im Bereich der menschlichen Dimension beträchtliche Fortschritte erzielt wurden. Die Teilnehmerstaaten räumten jedoch ein, daß sich in einigen Gebieten eine ernste Verschlech- terung ergeben habe, und daß es notwendig sei, Maßnahmen gegen die anhaltenden Menschen- rechtsverletzungen und gegen Äußerungen von aggressivem Nationalismus, wie etwa territorialem Expansionismus, sowie von Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus zu ergreifen, die nach wie vor menschliches Leid verursachen.
2. Menschenrechte und Grundfreiheiten, Rechtsstaatlichkeit und demokratische Institutionen sind die Grundlagen für Frieden und Sicherheit und stellen einen entscheidenden Beitrag zur Konflikt- verhütung im Rahmen eines umfassenden Sicherheitskonzepts dar. Der Schutz der Menschen- rechte, einschließlich der Rechte von Angehörigen nationaler Minderheiten, ist eine wesentliche Grundlage der demokratischen bürgerlichen Gesellschaft. Die Mißachtung dieser Rechte hat in schwerwiegenden Fällen zu Extremismus, regionaler Instabilität und zu Konflikten geführt. Die Teilnehmerstaaten bekräftigten, daß Fragen der Durchführung von KSZE- Verpflichtungen ein legitimes und gemeinsames Anliegen aller Teilnehmerstaaten seien, und daß es daher positiv zu bewerten sei, wenn diese Probleme im kooperativen und ergebnisorientierten Geiste der KSZE angesprochen werden. Sie verpflichteten sich, die Durchführung von KSZE- Verpflichtungen durch verstärkten Dialog, Durchführungsüberprüfungen und Mechanismen anzuregen. Sie werden den operativen Rahmen der KSZE verbreitern, insbesondere durch die Stärkung des Büros für demo- kratische Institutionen und Menschenrechte (BDIMR), indem dessen Einbindung in die Arbeit des Ständigen Rates und die Tätigkeit der Missionen verstärkt wird, und durch die Förderung der Zusammenarbeit der mit im Bereich der menschlichen Dimension aktiven internationalen Orga- nisationen und Institutionen.
3. Die Teilnahme nichtstaatlicher Organisationen war eine willkommene Bereicherung der Durch- führungsüberprüfung. In ihren Erklärungen steuerten diese Organisationen Ideen bei und sprachen problematische Anliegen an, die die Teilnehmerstaaten in Erwägung ziehen sollten. Sie informier- ten ferner die Teilnehmerstaaten über ihre Tätigkeit wie beispielsweise im Bereich der Konflikt- verhütung und -beilegung. Die Erfahrungen der Budapester Überprüfungskonferenz regen neben dem zwischenstaatlichen Dialog zu weiteren Überlegungen hinsichtlich der Förderung des Dia- logs zwischen Regierungen und nichtstaatlichen Organisationen der Teilnehmerstaaten im Rah- men der KSZE an.
4. In Bekräftigung ihrer Verpflichtungen im Bereich der menschlichen Dimension halten es die Teilnehmerstaaten für wesentlich, ihre Bemühungen auf die Umsetzung bestehender KSZE- Ver- pflichtungen zu konzentrieren, beschließen, den Rahmen ihrer Zusammenarbeit zu erweitern und nehmen zu diesem Zweck folgendes an:
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Verstärkung der Einhaltung von KSZE Verpflichtungen und Förderungen der Zusammenarbeit und des Dialogs im Bereich der menschlichen Dimension
Verstärkte Durchführung
5. Aufbauend auf die Strukturen der Durchführungsüberprüfung des Helsinki-Dokuments 1992 und zur Verbesserung der Implementierung im Bereich der menschlichen Dimension werden die Teilnehmerstaaten den Ständigen Rat für einen verstärkten Dialog über die menschliche Dimen- sion und für mögliche Maßnahmen bei versäumter Durchführung nutzen. Zu diesem Zweck beschließen die Teilnehmerstaaten, daß Fragen der menschlichen Dimension vom Ständigen Rat regelmäßig behandelt werden. Sie werden sich in noch stärkerem Maß auf die durch den Mos- kauer Mechanismus gebotenen Möglichkeiten für eine Überprüfung oder Förderung der Lösung von Fragen im Zusammenhang mit der menschlichen Dimension auf ihrem Territorium stützen.
6. Sie ermutigen den amtierenden Vorsitzenden, den Ständigen Rat über schwerwiegende Fälle von mutmaßlichen Versäumnissen bei der Durchführung von Verpflichtungen im Bereich der menschlichen Dimension zu informieren, darunter auch auf der Grundlage von Informationen des BDIMR, von Berichten und Empfehlungen des Hohen Kommissars für nationale Minderhei- ten (HKNM) oder von Berichten der Leiter von KSZE-Missionen sowie von Informationen aus dem betroffenen Staat.
7. Die Teilnehmerstaaten bestätigen erneut ihre hohe Wertschätzung für den HKNM, dem es in voller Übereinstimmung mit seinem Mandat gelungen ist, sich auf eine Reihe von Fragen nationaler Minderheiten zu konzentrieren und diese mit Erfolg zu regeln, unter Berücksichtigung der beson- deren Situation der direkt betroffenen Teilnehmerstaaten und Parteien. Sie ermutigen den HKNM, seine derzeitigen Aufgaben fortzuführen, und unterstützen ihn bei der Übernahme neuer und wei- terführender Aufgaben, einschließlich der mit seinen Empfehlungen im Zusammenhang stehen- den Aufgaben. Sie werden ihre Bemühungen um Durchführung dieser Empfehlungen verstärken.
Rolle des BDIMR
8. Das BDIMR wird als wichtigste Institution im Bereich der menschlichen Dimension in Abspra- che mit dem amtierenden Vorsitzenden in beratender Funktion an den Diskussionen des Hohen Rates und des Ständigen Rates teilnehmen, indem es in regelmäßigen Abständen über seine Tätig- keit berichtet und Informationen über Durchführungsfragen bereitstellt. Es wird begleitendes Material für die jährliche Überprüfung der Durchführung zur Verfügung stellen und erforder- lichenfalls die eingegangenen Informationen klarstellen oder ergänzen. In enger Absprache mit dem amtierenden Vorsitzenden kann der Direktor des BDIMR weitere Maßnahmen vorschlagen.
9. Die Teilnehmerstaaten sind sich der Notwendigkeit bewußt, über das BDIMR verstärkt mit anderen im Bereich der menschlichen Dimension aktiven internationalen Organisationen und Institutionen, unter anderem mit dem Hohen Kommissar der Vereinten Nationen für Menschen- rechtsfragen zusammenzuarbeiten, um Informationen, einschließlich von Berichten, auszutauschen und die im vorliegenden Dokument dargelegten zukunftsorientierter Aktivitäten zu entfalten.
10. Die Teilnehmerstaaten beschließen, • die Zusammenarbeit zwischen der KSZE und anderen internationalen Organisationen und Ins- titutionen, insbesondere dem Hohen Kommissar der Vereinten Nationen für Flüchtlingsfragen (UNHCR) und der Internationalen Organisation für Migration im Hinblick darauf zu verstär- ken, einen Beitrag zu den Vorbereitungsarbeiten des UNHCR für eine Regionalkonferenz zu
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leisten, die sich mit Problemen von Flüchtlingen, Vertriebenen, anderen Formen der Vertrei- bung und von Rückkehrern in den Ländern der Gemeinschaft Unabhängiger Staaten (GUS) und anderen interessierten Nachbarstaaten beschäftigt, indem nach Absprache im informellen Finanzausschuß eine zeitweilige durch freiwillige Beiträge finanzierte Stelle für einen Migra- tionsexperten geschaffen wird; • das BDIMR zu beauftragen, als Koordinierungsstelle für Informationsaustausch über Medien- fragen in der Region zu fungieren, und Regierungen, Journalisten und nichtstaatliche Organi- sationen anzuregen, dem BDIMR Informationen über die Lage der Medien zuzuleiten.
11. Mit dem BDIMR wird hinsichtlich des Mandats einer KSZE-Mission vor dessen Annahme Rücksprache genommen, und das BDIMR wird zu den auf der Grundlage der Missionsberichte zu ergreifenden Folgemaßnahmen, die vom Ständigen Rat zu beschließen sind, seinen Beitrag leis- ten. Die dem BDIMR vorliegenden Informationen über Experten im Bereich der menschlichen Dimension sollten dazu benutzt werden, Personal für KSZE-Missionen zu finden. Diese Missio- nen werden auch ein Mitglied der Mission benennen, das im Hinblick auf Fragen im Bereich der menschlichen Dimension in ständiger Verbindung mit dem BDIMR und mit nichtstaatlichen Organisationen steht.
12. Das BDIMR wird vor, während und nach Wahlen eine verstärkte Rolle bei der Wahlüberwa- chung übernehmen. In diesem Zusammenhang sollte das BDIMR die Bedingungen für das freie und unabhängige Funktionieren der Medien beurteilen.
Die Teilnehmerstaaten ersuchen darum, die Koordinierung zwischen den verschiedenen die Wahl- überwachung durchführenden Organisationen zu verbessern, und beauftragen das BDIMR, in Absprache mit allen einschlägigen Organisationen einen diesbezüglichen Koordinierungsrah- men zu schaffen.
Um die Vorbereitungen und Verfahren der Wahlüberwachung zu verbessern, wird das BDIMR außerdem ein Handbuch für Wahlüberwacher und einen fortlaufenden Kalender für anstehende Wahlen erarbeiten.
13. Die im Kapitel über die menschliche Dimension des vorliegenden Dokuments genannten Bestim- mungen stellen in keiner Weise eine Änderung der Mandate des BDIMR oder des HKNM dar.
BDIMR-Seminare
14. Die Anzahl der großen Seminare im Bereich der menschlichen Dimension wird in der Regel auf zwei pro Jahr reduziert. Sie werden sich auf Themen konzentrieren, die von ganz allgemeinem Interesse sind. Regionalen Seminaren wird erhöhte Aufmerksamkeit gewidmet. Gegebenenfalls bilden sie einen Teil des „Programms zur koordinierten Unterstützung“. Diese Seminare sollten die vollzählige Teilnahme der Staaten in der Region anstreben, in der sie abgehalten werden. Das BDIMR wird ersucht, dem Ständigen Rat einen Bericht darüber vorzulegen, wie die Effizienz von Seminaren im Bereich der menschlichen Dimension verbessert werden kann. Obwohl diese Semi- nare kein ausgehandeltes Dokument verabschieden, sollte der Verbesserung der Folgemaßnahmen besondere Aufmerksamkeit geschenkt werden.
15. Eine Vielzahl möglicher Themen sowohl für große als auch regionale Seminare wurde während der Überprüfungskonferenz vorgeschlagen. Das Exekutivsekretariat stellte diese zusammen und wird sie an den Ständigen Rat weiterleiten. In Übereinstimmung mit den einschlägigen Bestim- mungen des Helsinki-Dokuments 1992 wird der Ständige Rat unter Beachtung der Hinweise des
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BDIMR und des HKNM ein Jahresarbeitsprogramm erstellen, aus dem Titel, Datum und Ort die- ser Seminare hervorgehen.
16. Die Teilnehmerstaaten begrüßten das Angebot Rumäniens, für ein internationales Seminar über Toleranz in Bukarest unter der Schirmherrschaft des BDIMR und des Europarats sowie in Zusammenarbeit mit der UNESCO im Rahmen des Internationalen Jahres der Toleranz – 1995 – als Gastgeber zu fungieren.
Die Rolle nichtstaatlicher Organisationen
17. Die Teilnehmerstaaten und die KSZE-Institutionen werden Möglichkeiten für eine verstärkte Einbindung nichtstaatlicher Organisationen in die in Kapitel IV des Helsinki Dokuments 1992 vorgesehenen KSZE-Aktivitäten zur Verfügung halten. Sie werden nach Wegen suchen, wie die KSZE die Tätigkeit nichtstaatlicher Organisationen und die von ihnen bereitgestellten Informatio nen am besten nutzen kann. Der Generalsekretär wird ersucht, eine Studie darüber zu erstellen, wie die Mitwirkung nichtstaatlicher Organisationen weiter verstärkt werden kann.
Verpflichtungen und Zusammenarbeit
Rechtsstaatlichkeit
18. Die Teilnehmerstaaten heben hervor, daß alle Maßnahmen öffentlicher Behörden mit der Rechts- staatlichkeit übereinstimmen müssen, um so die Rechtssicherheit des einzelnen zu garantieren.
Sie unterstreichen ebenso die Notwendigkeit des Schutzes von Menschenrechtsaktivisten und sehen der Fertigstellung und Annahme des Erklärungsentwurfs über das „Recht und die Verantwortung von Einzelpersonen, Gruppen und Organen der Gesellschaft zur Förderung und zum Schutz der allgemein anerkannten Menschenrechte und Grundfreiheiten“ im Rahmen der Vereinten Natio- nen mit Erwartung entgegen.
Todesstrafe
19. Die Teilnehmerstaaten bekräftigen erneut ihre in den Dokumenten von Kopenhagen und Mos- kau angenommenen Verpflichtungen hinsichtlich der Frage der Todesstrafe.
Verhinderung von Folter
20. Die Teilnehmerstaaten verurteilen aufs schärfste alle Formen der Folter als eine der eklatantes- ten Verletzungen der Menschenrechte und der menschlichen Würde. Sie verpflichten sich, deren Abschaffung anzustreben. Sie erkennen die diesbezügliche Bedeutung internationaler Normen, wie in internationalen Verträgen über Menschenrechte festgelegt, an, insbesondere das Übereinkom- men der Vereinten Nationen gegen Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Bestrafung und das Europäische Übereinkommen über die Verhinderung von Folter und unmenschlicher oder erniedrigender Behandlung oder Bestrafung. Sie erkennen ferner die Bedeutung der einzelstaatlichen auf die Ausmerzung der Folter gerichteten Gesetzgebung an. Sie verpflichten sich, auch alle mutmaßlichen Fälle von Folter zu untersuchen und die Schuldigen zu verfolgen. Sie verpflichten sich ferner, konkrete Bestimmungen im Hinblick auf die Ausmerzung der Folter in die Aus- und Weiterbildungsprogramme für Vollzugs- und Polizeikräfte aufzuneh- men. Sie sind der Auffassung, daß ein Informationsaustausch über dieses Problem eine wesentliche Voraussetzung darstellt. Die Teilnehmerstaaten sollten die Möglichkeit haben, derartige Informa- tionen zu erhalten. Die KSZE sollte in diesem Zusammenhang auch auf die Erfahrungen des von
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der Menschenrechtskommission der Vereinten Nationen berufenen Sonderberichterstatters über Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Bestrafung zurückgreifen und die von nichtstaatlichen Organisationen bereitgestellten Informationen nutzen.
Nationale Minderheiten
21. Die Teilnehmerstaaten bestätigen ihre Entschlossenheit, die Durchführung der Bestimmun- gen der Schlußakte und aller anderen KSZE-Dokumente betreffend den Schutz der Rechte von Angehörigen nationaler Minderheiten konsequent zu fördern. Sie heben die diesbezügliche Tätig- keit des HKNM lobend hervor.
22. Die Teilnehmerstaaten begrüßen die internationalen Bemühungen um Verbesserung des Schut- zes der Rechte von Angehörigen nationaler Minderheiten. Sie nehmen die Annahme einer Rah- menvereinbarung über den Schutz von nationalen Minderheiten im Rahmen des Europarats zur Kenntnis, die sich auf diesbezügliche KSZE-Normen gründet. Sie unterstrichen, daß die Verein- barung – auf Einladung – auch solchen Staaten zur Unterzeichnung offensteht, die nicht Mitglied des Europarats sind, und sie könnten erwägen, die Möglichkeit zu prüfen, Vertragspartei dieser Vereinbarung zu werden.
Roma and Sinti
23. Die Teilnehmerstaaten beschließen, im Rahmen des BDIMR eine Kontaktstelle für Fragen der Roma und Sinti (Zigeuner) einzurichten. Das BDIMR wird beauftragt: • als Koordinierungsstelle für Informationsaustausch über Fragen von Roma und Sinti (Zigeu- ner) zu fungieren, einschließlich von Informationen über die Umsetzung von Verpflichtungen bezüglich der Roma und Sinti (Zigeuner); • Kontakte zwischen Teilnehmerstaaten, internationalen Organisationen und Institutionen sowie nichtstaatlichen Organisationen betreffend Fragen der Roma und Sinti (Zigeuner) zu erleichtern; • Kontakte zwischen den KSZE-Institutionen und anderen internationalen Organisationen und Institutionen bezüglich dieser Fragen aufrechtzuerhalten und auszubauen.
Zur Erfüllung dieser Aufgaben wird das BDIMR die vorhandenen Ressourcen in vollem Umfang nutzen. In diesem Zusammenhang begrüßen sie die Ankündigung einiger Roma- und Sinti- (Zigeu- ner-) Organisationen, daß sie freiwillige Beiträge zu leisten beabsichtigen.
24. Die Teilnehmerstaaten begrüßen die in anderen internationalen Organisationen und Institu- tionen in bezug auf Fragen der Roma und Sinti (Zigeuner) durchgeführten Aktivitäten, insbeson- dere die des Europarats.
Toleranz und Nichtdiskriminierung
25. Die Teilnehmerstaaten verurteilen Äußerungen von Intoleranz, und insbesondere von aggres- sivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus und werden auf deren Ausmerzung abzielende wirksame Maßnahmen weiterhin fördern. Sie ersuchen das BDIMR, diesen Erscheinungen besondere Aufmerksamkeit zu schenken, indem es Informati- onen über deren verschiedene Äußerungen in den Teilnehmerstaaten sammelt. Sie werden danach streben, angemessene diesbezügliche Gesetze zu stärken oder anzunehmen, und die erforderlichen Maßnahmen ergreifen, um sicherzustellen, daß die vorhandenen Gesetze so wirksam in die Tat umgesetzt werden, daß sie Äußerungen solcher Erscheinungen verhindern. Sie unterstreichen fer- ner, daß Maßnahmen zur Bekämpfung dieser Erscheinungen als Bestandteil der Integrationspolitik
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und Erziehung angesehen werden sollten. Sie verurteilen alle Verbrechen, die im Zusammenhang mit der sogenannten „ethnischen Säuberung“ begangen werden, und werden weiterhin dem in Den Haag eingerichteten internationalen Kriegsverbrechertribunal für das ehemalige Jugoslawien ihre wirksame Unterstützung zuteil werden lassen.
26. Sie heben den Aktionsplan des Europarats über Rassismus, Fremdenfeindlichkeit, Antisemi- tismus und Intoleranz lobend hervor. Bei der Umsetzung der Erklärung des Rates in Rom werden die KSZE-Institutionen Möglichkeiten für eine gemeinsame Arbeit mit dem Europarat sowie mit den Vereinten Nationen und anderen internationalen Organisationen erkunden.
27. Unter Bekräftigung ihrer Verpflichtung, Gewissens- und Religionsfreiheit zu gewährleisten und eine Atmosphäre gegenseitiger Toleranz und Achtung zwischen Gläubigen unterschiedli- cher Gemeinschaften sowie zwischen Gläubigen und Nichtgläubigen zu fördern, brachten sie ihre Besorgnis über den Mißbrauch der Religion für aggressive nationalistische Ziele zum Ausdruck.
Wanderarbeiter
28. Die Teilnehmerstaaten bekräftigen erneut, daß die Menschenrechte allgemeingültig und unteil- bar sind. Sie erkannten an, daß dem Schutz und der Förderung der Rechte von Wanderarbeitneh- mern eine menschliche Dimension zukommt. Sie unterstreichen das Recht der Wanderarbeitnehmer, ihre ethnischen, kulturellen, religiösen und sprachlichen Besonderheiten frei zum Ausdruck zu bringen. Die Ausübung dieser Rechte kann Beschränkungen unterliegen, die gesetzlich vorge- schrieben und mit internationalen Normen vereinbar sind.
29. Sie beschlossen, daß geeignete Maßnahmen ergriffen werden sollten, um rassistische Über- griffe und sonstige Äußerungen gewaltsamer Intoleranz gegenüber Wanderarbeitnehmern und deren Familien besser zu verhindern.
30. Sie bestätigen erneut, daß sie alle auf Rasse, Hautfarbe und ethnischer Abkunft basierenden Akte von Diskriminierung, die Intoleranz und die Fremdenfeindlichkeit gegenüber Wanderar- beitnehmern verurteilen. Sie werden in Übereinstimmung mit innerstaatlichen Gesetzen und internationalen Verpflichtungen auch weiterhin diesbezüglich wirksame Maßnahmen ergreifen.
31. Sie werden weiterhin die Integration der Wanderarbeitnehmer in die Gesellschaft fördern, in der sie ihren rechtmäßigen Wohnsitz haben. Sie vertreten die Auffassung, daß ein erfolgreicher Integrationsprozeß auch davon abhängt, wie die Wanderarbeitnehmer ihn selbst aktiv wahrneh- men, und beschlossen daher, sie diesbezüglich zu ermutigen.
Migration
32. Die Teilnehmerstaaten bringen ihre Besorgnis über die massenweisen, vorwiegend durch Kriege, bewaffnete Konflikte, bürgerkriegsähnliche Unruhen und grobe Menschenrechtsverletzungen zustandegekommenen Wanderungsbewegungen in der KSZE-Region, die Millionen von Flücht- lingen und Vertriebenen umfassen, zum Ausdruck. Unter Berücksichtigung der Beschlüsse des Rates in Rom 1993 beschließen sie, ihre Zusammenarbeit mit geeigneten diesbezüglichen inter- nationalen Gremien auszudehnen.
Sie nehmen die vom UNHCR unternommenen Bemühungen zur Vorbereitung einer Regional- konferenz zur Kenntnis, die sich mit Problemen von Flüchtlingen, Vertriebenen, anderen Formen der Vertreibung und von Rückkehrern in den Ländern der GUS und anderen interessierten Nach- barstaaten befassen wird.
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Humanitäres Völkerrecht
33. Die Teilnehmerstaaten bedauern zutiefst die Serie eklatanter Verletzungen des humanitären Völkerrechts, die in den letzten Jahren in der KSZE-Region festzustellen ist, und bekräftigen ihre Verpflichtung, die Achtung des allgemeinen humanitären Völkerrechts und insbesondere ihrer Verpflichtungen gemäß den einschlägigen internationalen Instrumenten zu wahren und sicher- zustellen, einschließlich der Genfer Konventionen von 1949 und ihrer Zusatzprotokolle, denen sie beigetreten sind.
34. Sie unterstreichen die potentielle Bedeutung einer Erklärung über humanitäre Mindestnor- men, die in allen Situationen anwendbar sind, und erklären ihre Bereitschaft, an deren Ausarbei- tung im Rahmen der Vereinten Nationen aktiv teilzunehmen. Sie verpflichten sich, angemessene Informationen und Schulung im Rahmen ihres Militärdienstes hinsichtlich der Bestimmungen des humanitären Völkerrechts zu gewährleisten und in Erwägung zu ziehen, daß einschlägige Infor- mationen zur Verfügung gestellt werden sollten.
35. Sie bringen ihre hohe Wertschätzung für die Entwicklung der Zusammenarbeit zwischen der KSZE und dem Internationalen Komitee vom Roten Kreuz (IKRK), insbesondere im Falle von KSZE-Missionen zum Ausdruck, begrüßen die Bereitschaft des IKRK, diese Zusammenarbeit weiter auszubauen, und verpflichten sich, das IKRK weiter zu unterstützen, insbesondere durch die Stärkung von bereits zwischen den KSZE-Missionen und den Delegationen des IKRK vor Ort bestehenden Kontakten.
Freie Meinungsäußerung/freie Medien
36. Die Teilnehmerstaaten bekräftigen, daß die freie Meinungsäußerung ein grundlegendes Men- schenrecht und ein grundlegender Bestandteil einer demokratischen Gesellschaft ist. In dieser Hinsicht sind unabhängige und pluralistische Medien für eine freie und offene Gesellschaft und rechenschaftspflichtige Regierungssysteme wesentlich. Sie werden die Wahrung dieses Rechts zu einem Grundprinzip machen.
37. Sie verurteilen sämtliche Übergriffe auf Journalisten und Schikanen gegen sie und werden bemüht sein, diejenigen direkt zur Rechenschaft zu ziehen, die für solche Übergriffe und Schika- nen verantwortlich sind.
38. Des weiteren weisen sie darauf hin, daß das Schüren von Haß und ethnischen Spannungen mit Hilfe der Medien, insbesondere durch Regierungen, als Frühwarnung vor einem Konflikt die- nen kann.
Freizügigkeit/Menschliche Kontakte/Kulturelles Erbe
39. Die Teilnehmerstaaten werden die menschlichen Kontakte, den Kultur- und Bildungsaustausch sowie die Zusammenarbeit entsprechend den KSZE-Bestimmungen weiter fördern und erleichtern. Sie werden ihre Verpflichtungen im kulturellen Bereich weiter umsetzen, so wie im Dokument des Krakauer Symposiums über das kulturelle Erbe der KSZE-Teilnehmerstaaten und in anderen ein- schlägigen KSZE-Dokumenten festgelegt. Sie werden staatliche und private Bemühungen um die Bewahrung des kulturellen Erbes in ihren Staaten fördern.
40. Sie werden die mit Bürgern anderer Staaten befaßten adminstrativen Behörden anregen, die das Reisen betreffenden KSZE-Verpflichtungen uneingeschränkt durchzuführen, und sich erniedri- gender Behandlung und anderer Übergriffe gegen die persönliche Würde zu enthalten. Sie werden
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auch die Notwendigkeit in Erwägung ziehen, ein Dokument mit einschlägigen KSZE- Bestim- mungen zusammenzustellen.
41. Der Ständige Rat wird die Möglichkeit erkunden, informelle Treffen über die in den beiden vorangegangenen Absätzen erwähnten Frage abzuhalten.
Programm zur koordinieren Unterstützung
42. Unter Berücksichtigung der in den vergangenen zwei Jahren unter der koordinierenden Lei- tung des BDIMR bei der Umsetzung des „Programms zur koordinierten Unterstützung“ erzielten Fortschritte haben die Teilnehmerstaaten beschlossen, dieses Programm fortzuführen. Das BDIMR und der Generalsekretär werden auch künftig Treffen und Seminare über KSZE-bezogene Angele- genheiten vorbereiten, um interessierten Staaten die Möglichkeit zu geben, ihre KSZE- Verpflich- tungen leichter umzusetzen. Die Teilnehmerstaaten werden auch künftig Vertreter dieser Staaten in die von Regierungen geförderten Praktika sowie Studien- und Ausbildungsprogramme auf- nehmen, so daß das Niveau an Erfahrungen, Wissen und Sachkenntnis angehoben werden kann.
43. Sie kamen überein, daß die Fähigkeit des BDIMR zur Bereitstellung von gründlichem Sachwis- sen über Fragen im Bereich der menschlichen Dimension gemäß dem Programm zur koordinier- ten Unterstützung weiterentwickelt werden sollte. Um auf die alle Aspekte der Demokratisierung betreffenden Ersuchen der kürzlich unabhängig gewordenen Staaten um Beratung zu reagieren, beschlossen sie, daß der Einsatz von allgemeinen Experten im Rahmen des Programms zur koor- dinierten Unterstützung eine nützliche Verstärkung der Rolle des BDIMR darstellen würde.
151 Lissabonner Dokument (Gipfeltreffen der Staats- und Regierungschefs)
Lissabon 1996
Gipfelerklärung von Lissabon (…)
3. Wir bekräftigen die in der Schlußakte von Helsinki festgeschriebenen OSZE-Prinzipien und die anderen OSZE-Verpflichtungen. Wir sind der Ansicht, daß die Einhaltung all dieser Prinzi- pien und die Durchführung aller Verpflichtungen verbessert und fortwährend überprüft werden muß. Wir sind uns der Tatsache bewußt, daß ernstzunehmende Risiken und Herausforderungen, wie etwa jene in bezug auf unsere Sicherheit und Souveränität, nach wie vor zu größter Besorgnis Anlaß geben. Wir sind entschlossen, uns ihnen zu stellen.
4. Die Achtung der Menschenrechte ist und bleibt ein Grundprinzip unseres Demokratieverständ- nisses und des in der Charta von Paris verankerten Demokratisierungsprozesses. Wir sind ent- schlossen, die seit 1989 durch den Wandel bedingte Ausbreitung der Demokratie abzusichern und deren Weiterentwicklung in der OSZE-Region auf friedliche Weise zu bewältigen. Wir werden uns gemeinsam um die Stärkung demokratischer Institutionen bemühen.
9. Der umfassende Sicherheitsansatz der OSZE erfordert eine bessere Durchführung aller Ver- pflichtungen in der menschlichen Dimension, insbesondere hinsichtlich der Menschenrechte und Grundfreiheiten. Dadurch werden die gemeinsamen Werte einer freien und demokratischen Gesellschaft in allen Teilnehmerstaaten fester verankert, was eine unentbehrliche Grundlage für unsere gemeinsame Sicherheit ist. Unter den akuten Problemen in der menschlichen Dimension gefährden fortwährende Verletzungen der Menschenrechte, wie etwa Vertreibung, und die man- gelnde Demokratisierung, die Bedrohung der Unabhängigkeit der Medien, Wahlbetrug, Erschei- nungsformen von aggressivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus nach wie vor die Stabilität in der OSZE-Region. Wir sind entschlossen, uns diesen Problemen auch in Zukunft zu stellen.
10. Vor dem Hintergrund der jüngsten Flüchtlingstragödien in der OSZE-Region und in Anbe- tracht der Frage der Zwangsmigration verurteilen wir erneut jegliche Politik der „ethnischen Säu- berung“ oder Massenvertreibung und verpflichten uns feierlich, davon Abstand zu nehmen. Unsere Staaten werden Flüchtlingen und Binnenvertriebenen die Rückkehr in Sicherheit und Würde ent- sprechend internationalen Standards ermöglichen. Ihre Wiedereingliederung in ihren Heimator- ten muß ohne Diskriminierung betrieben werden. Wir sprechen dem Berater für Migrationsfragen des BDIMR unsere Anerkennung für seine Arbeit aus und sagen ihm für seine weitere Tätigkeit zum Aktionsprogramm, das auf der Regionalkonferenz zu Fragen von Flüchtlingen, Vertriebe- nen, anderen Formen der Vertreibung und von Rückkehrern in den betreffenden Staaten im Mai 1996 vereinbart wurde, unsere Unterstützung zu.
11. Die Presse- und Medienfreiheit gehört zu den Grundvoraussetzungen einer wirklich demokra- tischen und bürgerrechtlich orientierten Gesellschaft. In der Schlußakte von Helsinki sind wir die
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feierliche Verpflichtung eingegangen, dieses Prinzip zu achten. Es bedarf einer verstärkten Durch- führung der OSZE-Verpflichtungen im Medienbereich, wobei gegebenenfalls die Arbeit anderer internationaler Organisationen zu berücksichtigen ist. Wir beauftragen daher den Ständigen Rat, Mittel und Wege zu prüfen, wie die Durchführung der OSZE-Verpflichtungen im Medienbereich stärker betont werden kann, und ein Mandat für die Ernennung eines OSZE-Beauftragten für Medienfreiheit auszuarbeiten, das spätestens auf dem Treffen des Ministerrats 1997 vorzulegen ist. (…)
Erklärung von Lissabon über gemeinsames und umfassendes Sicherheitsmodell für Europa im einundzwanzigsten Jahrhundert
1. Wir, die in Lissabon versammelten Staats- und Regierungschefs der OSZE-Teilnehmerstaaten, sind der Überzeugung, daß uns die Geschichte eine noch nie dagewesene Chance bietet. Freiheit, Demokratie und Zusammenarbeit zwischen unseren Nationen und Völkern sind nun das Funda- ment unserer gemeinsamen Sicherheit. Wir sind entschlossen, aus den Tragödien der Vergangen- heit zu lernen und unsere Vision einer auf Zusammenarbeit gründenden Zukunft Wirklichkeit werden zu lassen, indem wir einen gemeinsamen Sicherheitsraum ohne Trennlinien schaffen, in dem alle Staaten gleichberechtigte Partner sind.
2. Wir sind vor ernstzunehmende Herausforderungen gestellt, doch wir stellen uns ihnen gemein- sam. Sie betreffen die Sicherheit und Souveränität von Staaten und die Stabilität unserer Gesell- schaften. Die Menschenrechte werden nicht in allen OSZE-Staaten in vollem Umfang geachtet.
Ethnische Spannungen, aggressiver Nationalismus, Verletzungen der Rechte von Angehörigen nationaler Minderheiten sowie erhebliche Schwierigkeiten im wirtschaftlichen Übergangspro- zeß können die Stabilität bedrohen und auch auf andere Staaten übergreifen. Terrorismus, orga- nisiertes Verbrechen, illegaler Drogen- und Waffenhandel, unkontrollierte Wanderungsströme und Umweltzerstörung geben der gesamten OSZE-Gemeinschaft zunehmend Anlaß zu Besorgnis.
3. Wir schöpfen Kraft aus unserer Vielfalt und werden uns diesen Herausforderungen gemeinsam stellen, durch die OSZE und in Partnerschaft mit anderen internationalen Organisationen. Unser Ansatz heißt kooperative Sicherheit und beruht auf Demokratie, der Achtung der Menschenrechte, der Grundfreiheiten und der Rechtsstaatlichkeit, auf Marktwirtschaft und sozialer Gerechtigkeit. Er schließt Streben nach Vorherrschaft aus. Er bedeutet gegenseitiges Vertrauen und friedliche Beilegung von Streitigkeiten. (…)
5. Wir bekennen uns dazu, daß innerhalb der OSZE die Staaten ihren Bürgern Rechenschaft schul- den und einander verantwortlich für die Durchführung der OSZE-Verpflichtungen sind.
6. Gemeinsam verpflichten wir uns: • solidarisch zur Förderung der vollen Umsetzung der OSZE-Prinzipien und -Verpflichtungen vorzugehen, wie sie in der Schlußakte von Helsinki, der Charta von Paris und anderen KSZE/ OSZE-Dokumenten verankert sind; (…)
10. (…) ist es nun unsere Aufgabe, unsere Zusammenarbeit für die Zukunft zu verstärken. Zu die- sem Zweck:
153 Lissabon 1996
• ermutigen wir zu bilateralen oder regionalen Initiativen, die der Entwicklung gutnach-barlicher Beziehungen und der Zusammenarbeit dienen. In diesem Zusammenhang könnte die OSZE eine Auswahl vertrauens- und sicherheitsbildender Maßnahmen zur Unterstützung regiona- ler Sicherheitsprozesse prüfen. Wir werden die Durchführung des Stabilitätspakts für Europa weiter verfolgen. Regionale Runde Tische können ein nützliches Instrument der vorbeugenden Diplomatie sein. • bekräftigen wir – als wesentlichen Beitrag zur Sicherheit – unsere Entschlossenheit, alle unsere Verpflichtungen in bezug auf die Rechte von Angehörigen nationaler Minderheiten vollstän- dig zu achten und durchzuführen. Wir bekräftigen unseren Willen, uneingeschränkt mit dem Hohen Kommissar für nationale Minderheiten zusammenzuarbeiten. Wir sind bereit, jedem Ersuchen eines Teilnehmerstaats nachzukommen, der eine Lösung für Minderheitenfragen auf seinem Territorium sucht. (…)
154 Dokument des sechsten Treffens des Ministerrats Kopenhagen 1997
II. Beschlüsse des Kopenhagener Treffens des Ministerrats (…)
Beschluss über die Bestellung des OSZE-Beauftragten für Medienfreiheit
gemäß dem Beschluß Nr. 193 des Ständigen Rates und unter Berücksichtigung der Empfehlung des Amtierenden Vorsitzenden,
– beschließt, Herrn Freimut Duve mit 1. Januar 1998 für den Zeitraum von drei Jahren zum OSZE- Beauftragten für Medienfreiheit zu bestellen.
Anhang
Beschluss Nr. 193 des Ständigen Rates 5 November 1997
Mandat des OSZE-Beauftragten für Medienfreiheit
1. Die Teilnehmerstaaten bekräftigen die Prinzipien und Verpflichtungen, zu denen sie sich in Fra- gen der Medienfreiheit bekannt haben. Insbesondere erinnern sie daran, daß die freie Meinungs- äußerung ein grundlegendes und international anerkanntes Menschenrecht und ein elementarer Bestandteil einer demokratischen Gesellschaft ist und daß Freiheit, Unabhängigkeit und Plura- lismus der Medien für eine freie und offene Gesellschaft und ein rechenschaftspflichtiges Regie- rungssystem wesentlich sind. Eingedenk der Prinzipien und Verpflichtungen, zu denen sie sich in der OSZE bekannt haben, und im uneingeschränkten Bekenntnis zur Umsetzung von Absatz 11 der Gipfelerklärung von Lissabon, beschließen die Teilnehmerstaaten, einen OSZE-Beauftragten für Medienfreiheit unter der Ägide des Ständigen Rates einzusetzen. Dadurch soll die Umsetzung der einschlägigen OSZEPrinzipien und -Verpflichtungen gestärkt werden und das abgestimmte Vorgehen der Teilnehmerstaaten auf der Grundlage ihrer gemeinsamen Werte größere Wirksam- keit erhalten. Die Teilnehmerstaaten erklären, daß sie mit dem OSZE-Beauftragten für Medien- freiheit uneingeschränkt zusammenarbeiten werden. Dieser wird die Teilnehmerstaaten im Geiste der Zusammenarbeit in ihrem fortwährenden Einsatz für die Förderung von Freiheit, Unabhän- gigkeit und Pluralismus der Medien unterstützen.
2. Auf der Grundlage der OSZE-Prinzipien und -Verpflichtungen wird der OSZEBeauftragte für Medienfreiheit in allen Teilnehmerstaaten die maßgeblichen Entwicklungen im Medienbereich beobachten und ausgehend davon in enger Absprache mit dem Amtierenden Vorsitzenden für die vollständige Einhaltung der OSZE-Prinzipien und -Verpflichtungen in bezug auf freie Meinungs- äußerung und Medienfreiheit eintreten und diese fördern. In dieser Hinsicht wird ihm eine Früh- warnfunktion zukommen. Er wird sich mit gravierenden Problemen befassen, deren Ursache unter
155 Kopenhagen 1997
anderem die Behinderung der Medientätigkeit und ungünstige Arbeitsbedingungen für Journa- listen sind. Er wird mit den Teilnehmerstaaten, dem Ständigen Rat, dem Büro für demokratische Institutionen und Menschenrechte (BDIMR), dem Hohen Kommissar für nationale Minderhei- ten und gegebenenfalls anderen OSZE-Gremien sowie mit nationalen und internationalen Medi- enverbänden eng zusammenarbeiten.
3. Schwerpunkt der Tätigkeit des OSZE-Beauftragten für Medienfreiheit wird es sein, bei schwe- ren Verstößen von Teilnehmerstaaten gegen die OSZE-Prinzipien und -Verpflichtungen in bezug auf freie Meinungsäußerung und Medienfreiheit auf die in diesem Absatz dargestellte Weise rasch zu reagieren. Besteht Verdacht auf einen schweren Verstoß gegen diese Prinzipien und Verpflich- tungen, so wird sich der OSZE-Beauftragte für Medienfreiheit in geeigneter Weise um die Auf- nahme direkter Kontakte mit dem Teilnehmerstaat und anderen betroffenen Parteien bemühen, den Sachverhalt beurteilen, dem Teilnehmerstaat Hilfestellung leisten und zur Lösung des Pro- blems beitragen. Er wird den Amtierenden Vorsitzenden über seine Tätigkeit auf dem laufenden halten und dem Ständigen Rat über deren Ergebnisse sowie über seine Beobachtungen und Emp- fehlungen Bericht erstatten.
4. Der OSZE-Beauftragte für Medienfreiheit erfüllt weder eine richterliche Funktion, noch präju- diziert er durch sein Eingreifen in irgendeiner Weise ein nationales oder internationales Gerichts- verfahren wegen Verletzung der Menschenrechte. Desgleichen wird ihn ein nationales oder internationales Gerichtsverfahren wegen Verletzung der Menschenrechte nicht von vornherein daran hindern, seine in diesem Mandat dargelegten Aufgaben wahrzunehmen.
5. Der OSZE-Beauftragte für Medienfreiheit kann Informationen über die Lage der Medien aus allen vertrauenswürdigen Quellen einholen und entgegennehmen. Insbesondere wird er sich auf Informationen und Beurteilungen des BDIMR stützen. Der OSZE-Beauftragte für Medienfreiheit wird das BDIMR bei der Beurteilung, ob vor, während und nach Wahlen Freiheit, Unabhängig- keit und Pluralismus der Medien gegeben sind, unterstützen.
6. Der OSZE-Beauftragte für Medienfreiheit kann jederzeit von Teilnehmerstaaten und von anderer interessierter Seite (z.B. von Organisationen oder Institutionen, von Medien und deren Vertretern und von einschlägigen nichtstaatlichen Organisationen) Anfragen, Anregungen und Stellung- nahmen zur Stärkung und Weiterentwicklung der Einhaltung einschlägiger OSZE-Prinzipien und -Verpflichtungen einholen und entgegennehmen; dies gilt auch im Falle des Verdachts, daß Teilnehmerstaaten grobe Intoleranz üben, sofern sie sich der Medien unter Verletzung der Prin- zipien von Kapitel VIII Absatz 25 des Budapester Dokuments und von Kapitel X der Beschlüsse des Treffens des Rates in Rom bedienen. Er kann Anfragen, Anregungen und Stellungnahmen an den Ständigen Rat weiterleiten und dabei gegebenenfalls Empfehlungen über die weitere Vorge- hensweise abgeben.
7. Der OSZE-Beauftragte für Medienfreiheit wird sich auch routinemäßig mit dem Amtierenden Vorsitzenden beraten und dem Ständigen Rat regelmäßig Bericht erstatten. Der Ständige Rat kann ihn einladen, im Rahmen seines Mandats über konkrete Angelegenheiten betreffend die freie Mei- nungsäußerung und die Freiheit, die Unabhängigkeit und den Pluralismus der Medien Bericht zu erstatten. Er wird alljährlich dem Implementierungstreffen zu Fragen der menschlichen Dimen- sion beziehungsweise dem OSZE-Überprüfungstreffen über den Stand der Umsetzung der OSZE- Prinzipien und -Verpflichtungen in bezug auf freie Meinungsäußerung und Medienfreiheit in den OSZE-Teilnehmerstaaten berichten.
156 Kopenhagen 1997
8. Der OSZE-Beauftragte für Medienfreiheit tritt mit keiner Person oder Organisation, die Ter- rorismus oder Gewalt ausübt oder öffentlich billigt, in Verbindung und bestätigt nicht den Emp- fang ihrer Mitteilungen.
9. Der OSZE-Beauftragte für Medienfreiheit wird eine herausragende internationale Persönlich- keit mit langjähriger einschlägiger Erfahrung sein, von der eine unparteiische Wahrnehmung des Amtes erwartet werden kann. Bei der Ausübung seines Amtes wird sich der OSZE-Beauftragte für Medienfreiheit von seiner unabhängigen und objektiven Beurteilung im Hinblick auf die einzel- nen Absätze dieses Mandats leiten lassen.
10. Der OSZE-Beauftragte für Medienfreiheit wird sich nur dann mit gravierenden Fällen befassen, die unter sein Mandat fallen und jenen Teilnehmerstaat betreffen, dessen Staats-angehöriger er ist oder in dem er seinen Wohnsitz hat, wenn alle unmittelbar beteiligten Parteien, einschließlich des betroffenen Teilnehmerstaats, damit einverstanden sind. Andernfalls wird die Angelegenheit an den Amtierenden Vorsitzenden verwiesen, der für diesen Fall einen Sonderbeauftragten bestellen kann.
11. Der OSZE-Beauftragte für Medienfreiheit wird mit einschlägigen internationalen Organisatio- nen, einschließlich der Vereinten Nationen und ihrer Sonderorganisationen sowie des Europarats, auf der Grundlage regelmäßiger Kontakte zusammenarbeiten, mit dem Ziel der besseren Koordi- nation und zur Vermeidung von Überschneidungen.
12. Im Einklang mit den OSZE-Verfahren wird der OSZE-Beauftragte für Medienfreiheit vom Ministerrat auf Empfehlung des Amtierenden Vorsitzenden nach Rücksprache mit den Teilneh- merstaaten bestellt. Seine Amtszeit beträgt drei Jahre und kann nach demselben Verfahren um weitere drei Jahre verlängert werden.
13. Der OSZE-Beauftragte für Medienfreiheit wird in Übereinstimmung mit diesem Mandat und dem OSZE-Personalstatut eingesetzt und personell ausgestattet. Der OSZEBeauftragte für Medi- enfreiheit und sein Büro werden von den Teilnehmerstaaten über den OSZE-Haushalt im Ein- klang mit den Finanzvorschriften der OSZE finanziert. Einzelheiten dazu sind vom informellen Finanzausschuß auszuarbeiten und vom Ständigen Rat zu genehmigen.
14. Das Büro des OSZE-Beauftragten für Medienfreiheit wird seinen Sitz in Wien haben.
157 Dokument des siebenten Treffens des Ministerrats Oslo 1998
III. Beschlüsse des Treffens des Ministerrats in Oslo (…)
Beschluss über die Verstärkung der Fähigkeiten der OSZE im Hinblick auf Fragen der Roma und Sinti Der Ministerrat
eingedenk der bestehenden OSZE-Verpflichtungen gegenüber den Roma und Sinti, und unter Hin- weis auf den Beschluß des Budapester Gipfeltreffens, im BDIMR eine Kontaktstelle für Fragen der Roma und Sinti (Zigeuner) einzurichten,
1. beschließt, in dieser Hinsicht die Fähigkeit der OSZE durch Stärkung der bestehenden Kon- taktstelle für Fragen der Roma und Sinti im BDIMR auszubauen. Diese wird unter anderem fol- gende Prioritäten verfolgen: • Verstärkung des Zusammenwirkens der OSZE mit den Regierungen der Teilnehmerstaaten, mit Vertretern der Volksgruppen der Roma und Sinti sowie mit internationalen Organisationen, Initiativen und für Fragen der Roma und Sinti bedeutsamen NGOs, und insbesondere Sicher- stellung einer weiteren wechselseitigen Stärkung der Zusammenarbeit mit dem Koordinator für Roma im Europarat, um eine Doppelgleisigkeit der Bemühungen zu vermeiden, einschließlich der Einrichtung regelmäßiger Konsultationen mit diesen Organisationen, Initiativen und NGOs, um Synergien und gemeinsame Ansätze zu entwickeln, die es den Volksgruppen der Roma und Sinti erleichtern sollen, sich in die jeweilige Gesellschaft, in der sie leben, unter Erhaltung ihrer Identität vollständig zu integrieren; • gegebenenfalls Verstärkung der Zusammenarbeit zwischen OSZEInstitutionen und -Missionen/ Präsenzen vor Ort im Hinblick auf Roma und Sinti; • Entwicklung eines Arbeitsprogramms – ausgehend von Beiträgen der Teilnehmerstaaten, der OSZE-Institutionen und insbesondere des HKNM, der Volksgruppen der Roma und Sinti, von NGOs und internationalen Organisationen und anderen Institutionen und Initiativen –, das unter anderem Seminare, Workshops und Clearingstellen beinhalten soll; • Sammlung von Informationen aus den Teilnehmerstaaten über gesetzliche und andere Maß- nahmen in bezug auf die Lage der Roma und Sinti, um diese der OSZE-Gemeinschaft sowie anderen interessierten internationalen Organisationen zugänglich zu machen und zusätzliche Berichte zur Lage der Roma und Sinti im OSZE-Gebiet auszuarbeiten.
2. beschließt ferner, daß sich die Kontaktstelle ausschließlich mit Angelegenheiten der Roma und Sinti befassen soll;
3. beauftragt den Ständigen Rat, geeignete Mittel und Wege ausfindig zu machen, um für die ent- sprechenden Ressourcen zur Durchführung dieses Beschlusses zu sorgen.
158 Dokument von Istanbul (Gipfeltreffen der Staats- und Regierungschefs)
Istanbul 1999
Gipfelerklärung von Istanbul (…)
2. (…) Vorbehaltlos bekräftigen wir unser Bekenntnis zur Achtung der Menschenrechte und Grund- freiheiten und zum Verzicht auf jegliche Form der Diskriminierung. Wir bekräftigen auch unsere Achtung des humanitären Völkerrechts. Wir verpflichten uns feierlich, unsere Bemühungen um die Verhütung von Konflikten im OSZE-Gebiet zu verstärken und auftretende Konflikte auf fried- lichem Wege zu lösen. Auf der Grundlage der Plattform für kooperative Sicherheit, die wir als Teil unserer Charta angenommen haben, werden wir eng mit anderen internationalen Organisationen und Institutionen zusammenarbeiten. (…)
6. (…) Wir betonen, wie wichtig die Achtung der Rechtsstaatlichkeit und energische Bemühungen zur Bekämpfung des organisierten Verbrechens und der Korruption sind, die eine große Bedrohung für die Wirtschaftsreform und den Wohlstand darstellen. Wir stehen zu unserem Eintreten für die Rückkehr der Flüchtlinge und Binnenvertriebenen, insbesondere zur Rückkehr der Minderheiten.
7. (…)Wir erwarten raschere Fortschritte bei der Rückkehr der Flüchtlinge und Vertriebenen und der Umsetzung einschlägiger internationaler Standards insbesondere in Bezug auf die Gleichbe- handlung unabhängig von ethnischer Zugehörigkeit, auf die Medienfreiheit und freie und faire Wahlen. (…)
26. Es stehen uns Wahlen in großer Zahl bevor, und wir werden uns dafür einsetzen, dass sie frei und fair und im Einklang mit den OSZE-Prinzipien und -Verpflichtungen ablaufen. Es ist dies der einzige Weg zu einer stabilen Grundlage für die demokratische Entwicklung. Wir würdigen die Rolle des BDIMR, das Ländern bei der Entwicklung von Wahlgesetzen hilft, die den OSZE- Prinzipien und -Verpflichtungen entsprechen, und wir kommen überein, den Wahlbeurteilun- gen und Empfehlungen des BDIMR umgehend Folge zu leisten. Wir wissen den Wert der Arbeit des BDIMR und der Parlamentarischen Versammlung der OSZE vor, während und nach Wahlen zu schätzen, die zum Demokratisierungsprozess weiter beiträgt. Wir sind entschlossen, das volle Wahlrecht von Angehörigen von Minderheiten sicherzustellen und das Recht von Flüchtlingen zu fördern, an Wahlen in ihrem Herkunftsland teilzunehmen. Wir verpflichten uns, für einen fairen Wettstreit zwischen Kandidaten und Parteien zu sorgen, der ihren Zugang zu den Medien und die Achtung des Rechts auf Versammlung einschließt.
27. Wir verpflichten uns, die Freiheit der Medien als eine Grundvoraussetzung für eine pluralisti- sche und demokratische Gesellschaft zu garantieren. Wir sind tief besorgt über den Missbrauch der Medien in Konfliktgebieten, um Hass und ethnische Spannungen zu schüren, und über Schikanen und gesetzliche Einschränkungen, um den Bürgern freie Medien vorzu- enthalten. Wir betonen
159 Istanbul 1999
die Notwendigkeit, das Recht auf freie Meinungsäußerung sicherzustellen, das in jeder Demokratie ein wesentliches Element für den politischen Diskurs darstellt. Wir unterstützen die Bemühungen des Büros des Beauftragten für Medienfreiheit zur Förderung freier und unabhängiger Medien.
28. Zum zehnten Jahrestag der Verabschiedung der Konvention über die Rechte des Kindes und in Erfüllung der OSZE-Verpflichtungen von Kopenhagen bekennen wir uns zur aktiven Förderung der Rechte und Interessen von Kindern, insbesondere in und nach Konflikten. Wir werden uns bei unserer Arbeit in der OSZE regelmäßig mit den Rechten der Kinder befassen (…). Wir werden dem körperlichen und seelischen Wohl von Kindern, die an bewaffneten Konflikten teilnehmen oder davon betroffen sind, besondere Beachtung schenken. (…)
30. Wir bekräftigen unsere Verpflichtung, dafür Sorge zu tragen, dass die Rechte von Angehöri- gen nationaler Minderheiten in Gesetz und Politik uneingeschränkt Achtung finden, insbeson- dere was Fragen der kulturellen Identität betrifft. Insbesondere unterstreichen wir die Forderung, dass Gesetze und Politik zu Bildungs-, Sprachen- und Mitspracherechten von Angehörigen natio- naler Minderheiten im Einklang mit anwendbaren internationalen Standards und Übereinkom- men stehen müssen. Wir befürworten ferner die Verabschiedung und vollständige Umsetzung umfassender Antidiskriminierungsgesetze, um volle Chancengleichheit für alle zu fördern. Wir sprechen dem Hohen Kommissar für nationale Minderheiten unsere Anerkennung für seine wich- tige Arbeit aus. Wir bekräftigen, dass wir uns verstärkt um die Umsetzung der Empfehlungen des Hohen Kommissars für nationale Minderheiten bemühen werden.
31. Wir sind bestürzt über die Gewalt und andere Erscheinungsformen des Rassismus und der Diskriminierung von Minderheiten, darunter der Roma und Sinti. Wir verpflichten uns, dafür zu sorgen, dass die Rechte der Roma und Sinti in Gesetz und Politik uneingeschränkt Achtung fin- den, und zu diesem Zweck, wo dies nötig ist, Antidiskriminierungsgesetze zu fördern. Wir beto- nen, dass es wichtig ist, sich gründlich mit den Problemen der gesellschaftlichen Ausgrenzung der Roma und Sinti zu befassen. Für diese Fragen sind in erster Linie die betreffenden Teilnehmerstaa- ten verantwortlich. Wir betonen die wichtige Rolle, die die BDIMR-Kontaktstelle für Roma und Sinti mit ihrer Unterstützung in diesen Fragen spielen kann. Ein weiterer sinnvoller Schritt könnte die Ausarbeitung eines Aktionsplans zielgerichteter Aktivitäten durch die Kontaktstelle sein, der in Zusammenarbeit mit dem Hohen Kommissar für nationale Minderheiten und anderen in die- sem Bereich tätigen Stellen, insbesondere dem Europarat, erarbeitet werden könnte.
32. Entsprechend unserer Verpflichtung, für die volle Gleichstellung von Mann und Frau zu sor- gen, hoffen wir auf die baldige Annahme und Umsetzung eines OSZE-Aktionsplans zu Fragen der Gleichberechtigung von Mann und Frau. (…)
37. In der Charta haben wir unser Bekenntnis zur Rechtsstaatlichkeit bekräftigt und auf die Not- wendigkeit verwiesen, die Korruption zu bekämpfen. Wir beauftragen den Ständigen Rat zu prü- fen, wie die Bemühungen zur Bekämpfung der Korruption am besten unterstützt werden können, und dabei die Bemühungen anderer Organisationen wie etwa der Organisation für wirtschaftliche Zusammenarbeit und Entwicklung, des Europarats und der Vereinten Nationen zu berücksichti- gen. Über die Ergebnisse dieser Arbeit wird auf dem Ministerratstreffen 2000 berichtet werden. (…)
160 Istanbul 1999
Europäische Sicherheitscharta (…)
I. Unsere gemeinsamen Herauforderungen
2. Im letzten Jahrzehnt des zwanzigsten Jahrhunderts wurde im OSZE-Gebiet Beachtliches erreicht; Zusammenarbeit trat an die Stelle von Konfrontation, doch ist die Gefahr von Konflikten zwi- schen Staaten nicht gänzlich gebannt. Wir haben überwunden, was Europa einst trennte, doch kommen neue Risiken und Herausforderungen auf uns zu. Seit wir die Charta von Paris unter- zeichnet haben, wird immer deutlicher, dass eine Bedrohung unserer Sicherheit sowohl von Kon- flikten innerhalb von Staaten als auch von Konflikten zwischen Staaten ausgehen kann. Wir haben Konflikte erlebt, die in vielen Fällen auf eklatante Verletzungen der OSZE-Normen und Prinzi- pien zurückgingen. Wir waren Zeugen von Gräueltaten, von denen wir dachten, dass sie längst der Vergangenheit angehörten. In diesem Jahrzehnt wurde deutlich, dass jeder derartige Konflikt die Sicherheit aller OSZE-Teilnehmerstaaten in Frage stellen kann.
3. Wir sind entschlossen, aus den Gefahren, die Konfrontation und Uneinigkeit zwischen den Staaten mit sich bringen, und aus den Tragödien des letzten Jahrzehnts zu lernen. Sicherheit und Frieden müssen durch einen Ansatz gefestigt werden, der zwei Grundelemente in sich vereint: Wir müssen Vertrauen zwischen den Menschen innerhalb der Staaten schaffen und die Zusammen- arbeit zwischen den Staaten vertiefen. Deshalb werden wir die vorhandenen Instrumente stärken und zusätzliche entwickeln, um Hilfe und Rat anbieten zu können. Wir werden uns noch mehr als bisher bemühen, für die volle Einhaltung der Menschenrechte und Grundfreiheiten einschließ- lich der Rechte von Angehörigen nationaler Minderheiten zu sorgen. Gleichzeitig werden wir ver- stärkte Anstrengungen unternehmen, um mehr Vertrauen und Sicherheit zwischen den Staaten zu schaffen. Wir sind entschlossen, die uns zur Verfügung stehenden Mittel zur friedlichen Bei- legung von Streitigkeiten zwischen ihnen weiterzuentwickeln.
4. Internationaler Terrorismus, gewalttätiger Extremismus, organisiertes Verbrechen und Dro- genhandel stellen in steigendem Maße Sicherheitsrisiken dar. Terrorismus ist, was immer seine Beweggründe sein mögen, in all seinen Formen und Äußerungen unannehmbar. Wir werden uns verstärkt bemühen zu verhindern, dass in unseren Hoheitsgebieten terroristische Handlun- gen vorbereitet und finanziert werden oder Terroristen Zuflucht gewährt wird. Die maßlose und destabilisierende Anhäufung und unkontrollierte Verbreitung von Kleinwaffen und leichten Waf- fen stellt eine Bedrohung für den Frieden und die Sicherheit dar. Wir sind entschlossen, unsere Schutzmaßnahmen gegen diese neuen Risiken und Herausforderungen zu verstärken; Grundlage dieses Schutzes sind starke demokratische Institutionen und die Rechtsstaatlichkeit. Wir sind außerdem entschlossen, untereinander aktiver und enger zusammenzuarbeiten, um diesen Her- ausforderungen zu begegnen.
5. Akute Wirtschaftsprobleme und die Schädigung der Umwelt können gravierende Folgen für unsere Sicherheit haben. Die Zusammenarbeit in den Bereichen Wirtschaft, Wissenschaft und Technik und Umwelt sind daher von größter Bedeutung. Wir werden energischer auf solche Bedro- hungen reagieren, sowohl in Form fortgesetzter Reformen im Wirtschafts- und Umweltbereich und stabiler und transparenter Rahmenbedingungen für die Wirtschaft als auch durch die För- derung der Marktwirtschaft unter gebührender Berücksichtigung wirtschaftlicher und sozialer Rechte. Wir registrieren mit großer Anerkennung den in der Geschichte einmaligen wirtschaftli- chen Reformprozess, der in vielen Teilnehmerstaaten im Gange ist. Wir ermutigen sie zur Weiter- führung dieser Reformen, die zu Sicherheit und Wohlstand im gesamten OSZE-Gebiet beitragen werden. Wir werden in allen Dimensionen der OSZE verstärkte Anstrengungen im Kampf gegen die Korruption und zur Förderung der Rechtsstaatlichkeit unternehmen.
161 Istanbul 1999
6. Wir bestätigen, dass die Sicherheit in nahe gelegenen Gebieten, insbesondere im Mittelmeerraum sowie in Gebieten, die in direkter Nähe zu Teilnehmerstaaten wie jenen in Zentralasien liegen, für die OSZE von immer größerer Bedeutung ist. Wir erkennen an, dass sich aus einer Instabilität in diesen Gebieten Probleme ergeben, die unmittelbare Folgen für die Sicherheit und den Wohl- stand der OSZE-Staaten haben.
II. Unser gemeinsames Fundament
7. Wir bekräftigen unser uneingeschränktes Bekenntnis zur Charta der Vereinten Nationen sowie zur Schlussakte von Helsinki, zur Charta von Paris und zu allen anderen OSZE-Dokumenten, denen wir zugestimmt haben. Diese Dokumente stellen unsere gemeinsamen Verpflichtungen dar und sind die Grundlage unserer Arbeit. Sie haben uns geholfen, der Konfrontation in Europa ein Ende zu setzen und im gesamten OSZE-Gebiet ein neues Zeitalter der Demokratie, des Friedens und der Solidarität einzuläuten. Sie geben eindeutige Standards für den Umgang der Teilnehmer- staaten miteinander und mit allen Menschen in ihrem Hoheitsgebiet vor. Alle OSZE-Verpflichtun- gen gelten ausnahmslos und gleichermaßen für jeden Teilnehmerstaat. Ihre Umsetzung in gutem Glauben ist unerlässlich für die Beziehungen zwischen den Staaten, zwischen den Regierungen und ihren Völkern sowie zwischen den Organisationen, denen sie angehören. Die Teilnehmer- staaten schulden ihren Bürgern Rechenschaft und sind einander verantwortlich für die Durch- führung ihrer OSZE-Verpflichtungen.
Wir betrachten diese Verpflichtungen als unsere gemeinsame Errungenschaft und somit als Ange- legenheiten, die für alle Teilnehmerstaaten unmittelbare und legitime Anliegen sind. (…)
9. Wir werden unsere Beziehungen im Einklang mit dem Konzept der gemeinsamen und umfas- senden Sicherheit gestalten, im Sinne von gleichberechtigter Partnerschaft, Solidarität und Trans- parenz. Die Sicherheit jedes Teilnehmerstaats ist untrennbar mit der Sicherheit aller anderen verbunden. Wir werden uns mit der menschlichen, wirtschaftlichen, politischen und militärischen Dimension der Sicherheit als einem unteilbaren Ganzen befassen. (…)
III. Unsere gemeinsame Reaktion (…)
Solidarität und Partnershaft
14. Der beste Garant für Frieden und Sicherheit in unserer Region ist die Bereitschaft und die Fähigkeit jedes Teilnehmerstaats, die Demokratie und die Rechtsstaatlichkeit zu wahren und die Menschenrechte zu achten. Wir bekräftigen jeder für sich unsere Bereitschaft, uns voll und ganz an unsere Verpflichtungen zu halten. Wir tragen aber auch gemeinsam die Verantwortung für die Einhaltung der OSZE-Prinzipien. Deshalb sind wir entschlossen, innerhalb der OSZE und mit ihren Institutionen und Vertretern zusammenzuarbeiten, und wir sind bereit, von den Inst- rumenten und Mechanismen der OSZE Gebrauch zu machen. Wir werden im Geiste der Solida- rität und der Partnerschaft gemeinsam für die laufende Überprüfung der Durchführung sorgen. Wir verpflichten uns heute zu gemeinsamen Maßnahmen auf der Grundlage der Zusammenar- beit – sowohl innerhalb der OSZE als auch in den Organisationen, denen wir angehören –, um den Teilnehmerstaaten Hilfe zur Verbesserung ihrer Einhaltung der OSZE-Prinzipien und -Ver- pflichtungen anzubieten. Wir werden vorhandene Instrumente der Zusammenarbeit stärken und
162 Istanbul 1999
neue entwickeln, um wirksam auf Hilfsersuchen von Teilnehmerstaaten reagieren zu können. Wir werden nach Möglichkeiten suchen, die Effizienz der Organisation in Fällen eindeutiger, gro- ber und nicht behobener Verletzungen dieser Prinzipien und Verpflichtungen weiter zu erhöhen. (…)
Unsere Institutionen
17. Die Parlamentarische Versammlung hat sich zu einer der wichtigsten OSZEInstitutionen ent- wickelt, die beständig neue Ideen und Vorschläge hervorbringt. Wir begrüßen diese zunehmende Rolle, insbesondere im Bereich der demokratischen Entwicklung und der Wahlüberwachung. Wir rufen die Parlamentarische Versammlung dazu auf, ihre Aktivitäten als wesentliches Element in unseren Bemühungen um die Förderung der Demokratie, des Wohlstands und des wachsenden Vertrauens innerhalb der Teilnehmerstaaten und zwischen ihnen weiter auszubauen.
18. Das Büro für demokratische Institutionen und Menschenrechte (BDIMR), der Hohe Kommis- sar für nationale Minderheiten (HKNM) und der Beauftragte für Medienfreiheit sind wesentli- che Instrumente zur Gewährleistung der Achtung der Menschenrechte, der Demokratie und der Rechtsstaatlichkeit. Das OSZE-Sekretariat leistet dem Amtierenden Vorsitzenden und für die Akti- vitäten unserer Organisation insbesondere vor Ort wertvolle Hilfe. Wir werden auch die opera- tiven Fähigkeiten des OSZE-Sekretariats weiter verstärken, damit es mit der Ausweitung unserer Aktivitäten Schritt halten kann und um sicherzustellen, dass die Feldoperationen effizient und im Einklang mit ihren Mandaten und Vorgaben erfolgen. (…)
Die menschliche Dimension
19. Wir bekräftigen, dass die Achtung der Menschenrechte und Grundfreiheiten, der Demokratie und Rechtsstaatlichkeit der Grundpfeiler des umfassenden Sicherheitskonzepts der OSZE ist. Wir verpflichten uns, einer Bedrohung der Sicherheit etwa durch Verletzung der Menschenrechte und Grundfreiheiten, einschließlich der Gedanken-, Gewissens-, Religions- und Überzeugungsfreiheit, und Äußerungen der Intoleranz, des aggressiven Nationalismus, des Rassismus, des Chauvinismus, der Fremdenfeindlichkeit und des Antisemitismus entschlossen entgegenzutreten.
Der Schutz und die Förderung der Rechte von Angehörigen nationaler Minderheiten sind wesent- liche Faktoren für Demokratie, Frieden, Gerechtigkeit und Stabilität innerhalb der Teilnehmer- staaten und zwischen ihnen. Diesbezüglich bekräftigen wir unsere Verpflichtungen, insbesondere nach den einschlägigen Bestimmungen des Kopenhagener Dokuments 1990 zur menschlichen Dimension, und verweisen auf den Bericht des Genfer Expertentreffens über nationale Minder- heiten 1991. Die uneingeschränkte Achtung der Menschenrechte, einschließlich der Rechte von Angehörigen nationaler Minderheiten, ist nicht nur ein Ziel an sich; sie höhlt die territoriale Inte- grität und die Souveränität keineswegs aus, sondern stärkt sie vielmehr.
Verschiedene Konzepte der Autonomie sowie andere in den oben genannten Dokumenten darge- stellte Lösungsansätze im Einklang mit den OSZEPrinzipien bieten sich für die Bewahrung und Förderung der ethnischen, kulturellen, sprachlichen und religiösen Identität nationaler Minder- heiten innerhalb eines gegebenen Staates an. Wir verurteilen jede Gewalt gegen eine Minderheit. Wir versprechen, Maßnahmen zur Förderung der Toleranz und zur Errichtung pluralistischer Gesellschaften zu ergreifen, in denen alle Angehörigen nationaler Minderheiten ungeachtet ihrer ethnischen Herkunft volle Chancengleichheit genießen. Wir betonen, dass Fragen nationaler
163 Istanbul 1999
Minderheiten nur in einem demokratischen politischen Rahmen auf der Grundlage der Rechts- staatlichkeit zufriedenstellend gelöst werden können.
Wir bekräftigen, dass jedermann das Recht auf eine Staatsangehörigkeit hat und niemandem seine Staatsangehörigkeit willkürlich entzogen werden sollte. Wir verpflichten uns, weiterhin danach zu trachten, dass jedermann dieses Recht ausüben kann. Wir verpflichten uns ferner, den völker- rechtlichen Schutz Staatenloser zu fördern.
20. Wir sind uns der besonderen Schwierigkeiten der Roma und Sinti bewusst und erkennen die Notwendigkeit an, wirksame Maßnahmen zu ergreifen, um für Angehörige der Roma und Sinti im Einklang mit den OSZE-Verpflichtungen volle Chancengleichheit zu verwirklichen. Wir wer- den verstärkte Anstrengungen unternehmen, um sicherzustellen, dass Roma und Sinti an unserer Gesellschaft uneingeschränkt und gleichberechtigt teilnehmen können, und um ihre Diskrimi- nierung ein für allemal zu beseitigen.
21. Wir haben den festen Willen, Folter und grausame, unmenschliche oder erniedrigende Behand- lung oder Bestrafung im gesamten OSZE-Gebiet auszumerzen. Zu diesem Zweck werden wir uns für Rechtsvorschriften einsetzen, die formelle und materielle Absicherungen und Handhaben zur Bekämpfung solcher Praktiken vorsehen. Wir werden den Opfern helfen und gegebenenfalls mit ein- schlägigen internationalen Organisationen und nichtstaatlichen Organisationen zusammenarbeiten.
22. Wir lehnen jede Politik der ethnischen Säuberung oder der Massenvertreibung strikt ab. Wir bekräftigen unsere Verpflichtung, das Recht auf Asylsuche zu achten und den völkerrechtlichen Schutz von Flüchtlingen im Sinne der Konvention von 1951 über die Rechtsstellung der Flücht- linge und ihres Protokolls von 1967 zu gewährleisten und die freiwillige Rückkehr von Flücht- lingen und Binnenvertriebenen in Würde und Sicherheit zu erleichtern. Wir werden uns ohne Diskriminierung für die Wiedereingliederung der Flüchtlinge und Binnenvertriebenen an ihren Herkunftsorten einsetzen.
Zur Verbesserung des Schutzes von Zivilpersonen in Konfliktzeiten werden wir nach Mitteln und Wegen suchen, um die Umsetzung des humanitären Völkerrechts zu verbessern.
23. Frauen müssen ihre Menschenrechte in vollem Umfang und gleichberechtigt ausüben kön- nen, damit ein friedlicheres, wohlhabenderes und demokratischeres OSZE-Gebiet entsteht. Wir sind entschlossen, die Gleichstellung von Männern und Frauen zum Bestandteil unserer Politik zu machen, sowohl in unseren Staaten als auch innerhalb der Organisation.
24. Wir werden Maßnahmen ergreifen, um jede Form der Diskriminierung von Frauen zu besei- tigen und der Gewalt gegen Frauen und Kinder, der sexuellen Ausbeutung und jeder Form des Menschenhandels ein Ende zu setzen. Um derartige Verbrechen zu verhüten, werden wir unter anderem für die Verabschiedung oder Verschärfung von Gesetzen eintreten, die die Täter zur Ver- antwortung ziehen und den Opferschutz verbessern. Wir werden ferner Maßnahmen erarbeiten und umsetzen, um die Rechte und Interessen von Kindern in bewaffneten Konflikten und nach Konflikten, einschließlich von Kinderflüchtlingen und Kindervertriebenen, zu fördern. Wir wer- den Möglichkeiten prüfen, wie die Zwangs- oder Pflichtrekrutierung von Jugendlichen unter 18 Jahren zum Einsatz in bewaffneten Konflikten verhindert werden kann.
25. Wir bekräftigen unsere Verpflichtung, freie und faire Wahlen im Einklang mit den OSZE- Verpflichtungen – insbesondere dem Kopenhagener Dokument 1990 – abzuhalten. Wir erken- nen die Hilfe an, die das BDIMR den Teilnehmerstaaten bei der Ausarbeitung und Umsetzung von Wahlgesetzen anbieten kann. Im Sinne dieser Verpflichtungen werden wir Beobachter aus
164 Istanbul 1999
anderen Teilnehmerstaaten, dem BDIMR, der Parlamentarischen Versammlung und geeigneten Institutionen und Organisationen einladen, die die Abhaltung von Wahlen in unseren Ländern beobachten wollen. Wir kommen überein, den Wahlbeurteilungen und Empfehlungen des BDIMR umgehend Folge zu leisten.
26. Wir bekräftigen die Bedeutung unabhängiger Medien und des freien Informationsflusses sowie des Zugangs der Öffentlichkeit zu Informationen. Wir verpflichten uns, alle notwendigen Schritte zu unternehmen, um die Grundvoraussetzungen für freie und unabhängige Medien sowie für den unbehinderten Informationsfluss über Landesgrenzen hinweg und innerhalb der Staaten zu schaffen, die wir als wesentliche Komponente einer demokratischen, freien und offenen Gesell- schaft betrachten.
27. Nichtstaatliche Organisationen (NGOs) können bei der Förderung der Menschenrechte, der Demokratie und der Rechtsstaatlichkeit eine äußerst wichtige Rolle spielen. Sie sind fester Bestand- teil einer starken Bürgergesellschaft. Wir versprechen, die Fähigkeit der NGOs so zu stärken, dass sie ihren vollen Beitrag zur weiteren Entwicklung der Bürgergesellschaft und der Achtung der Menschenrechte und Grundfreiheiten leisten können. (…)
Rechtsstaatlichkeit und der Kampf gegen die Korruption
33. Wir bekräftigen unser Bekenntnis zur Rechtsstaatlichkeit. Wir sind uns der Tatsache bewusst, dass die Korruption eine große Bedrohung für die gemeinsamen Werte der OSZE darstellt. Sie schafft Instabilität und betrifft viele Aspekte der Sicherheitsdimension sowie der wirtschaftli- chen und der menschlichen Dimension. Die Teilnehmerstaaten verpflichten sich, ihre Bemühun- gen im Kampf gegen die Korruption und die Verhältnisse, die sie begünstigen, zu verstärken und sich für einen positiven Rahmen für verantwortungsvolle Staatsführung und Integrität im staat- lichen Bereich einzusetzen. Sie werden von vorhandenen internationalen Rechtsdokumenten bes- ser Gebrauch machen und einander in ihrem Kampf gegen die Korruption unterstützen. Als Teil ihrer Arbeit zur Förderung der Rechtsstaatlichkeit wird die OSZE mit NGOs zusammenarbeiten, die einem von der Öffentlichkeit und der Wirtschaft getragenen Wunsch nach der Bekämpfung korrupter Praktiken verpflichtet sind.
IV. Unsere gemeinsame Instrumente
Stärkung unseres Dialogs (…)
36. Im Geiste unserer Solidarität und Partnerschaft werden wir auch unseren politischen Dialog stärken, um Teilnehmerstaaten Hilfestellung anzubieten, wodurch die Einhaltung der OSZE-Ver- pflichtungen sichergestellt werden soll. Um diesen Dialog zu fördern, haben wir beschlossen, im Einklang mit etablierten Regeln und Praktiken unter anderem von folgenden OSZE-Instrumen- ten verstärkt Gebrauch zu machen: (…) • Veranstaltung von Schulungskursen zur Verbesserung der Standards und Verfahren, unter anderem im Bereich der Menschenrechte, der Demokratisierung und der Rechtsstaatlichkeit; • Behandlung von Fragen der Einhaltung von OSZE-Verpflichtungen auf Überprüfungstreffen und -konferenzen der OSZE sowie im Wirtschaftsforum;
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(…)
Feldoperationen der OSZE (…)
38. Die Entwicklung der Feldoperationen der OSZE stellt eine wesentliche Veränderung der Orga- nisation dar, die es der OSZE ermöglicht, bei der Förderung des Friedens, der Sicherheit und der Einhaltung der OSZE-Verpflichtungen eine gewichtigere Rolle zu spielen. Auf der Grundlage unserer bisherigen Erfahrungen werden wir dieses Instrument weiter ausbauen und stärken, um im Einklang mit dem jeweiligen Mandat Aufgaben wahrzunehmen, die unter anderem Folgen- des beinhalten werden: (…) • Beobachtung der Einhaltung von OSZE-Verpflichtungen und Beratung oder Empfehlungen im Hinblick auf eine bessere Umsetzung; • Hilfestellung bei der Organisation und Überwachung von Wahlen; • Unterstützung für die Vorherrschaft des Rechts und demokratische Institutionen sowie für die Wahrung und Wiederherstellung von Recht und Ordnung; (…) • Unterstützung bei der Wiederherstellung normaler Verhältnisse und beim Wiederaufbau ver- schiedener Aspekte der Gesellschaft. (…)
Aktivitäten im polizeilichen Bereich
44. Wir werden daran arbeiten, die Rolle der OSZE im zivilpolizeilichen Bereich als Bestandteil der Bemühungen der Organisation um Konfliktverhütung, Krisenbewältigung und die Norma- lisierung der Lage nach Konflikten zu stärken. Diese Aktivitäten können Folgendes beinhalten: – Polizeiüberwachung, unter anderem auch um zu verhindern, dass die Polizei Handlungen setzt, die etwa eine Diskriminierung aus Gründen der religiösen oder ethnischen Zugehö- rigkeit darstellen; – Polizeischulung, die unter anderem folgende Aufgaben umfassen könnte: – Verbesserung der einsatzbezogenen und taktischen Fähigkeiten örtlicher Polizeidienste und Umschulung paramilitärischer Kräfte; – Vermittlung neuer, moderner Polizeimethoden, wie freiwillige Bürgerpolizei, Fähigkeiten zur Bekämpfung des Drogenhandels, der Korruption und des Terrorismus; – Schaffung eines Polizeidienstes, der sich aus Mitgliedern verschiedener Volksgruppen bezie- hungsweise unterschiedlicher religiöser Gemeinschaften zusammensetzt und das Vertrauen der gesamten Bevölkerung besitzt; – generelle Förderung der Achtung der Menschenrechte und Grundfreiheiten. (…)
45. Wir werden ferner die Entwicklung unabhängiger Gerichtssysteme fördern, die als Rechtsmittel bei Menschenrechtsverletzungen von größter Bedeutung sind, und Reformen des Gefängniswesens mit Rat und Tat unterstützen. Die OSZE wird auch mit anderen internationalen Organisationen bei der Schaffung eines politischen und rechtlichen Rahmens zusammenarbeiten, in dem die Poli- zei ihre Aufgaben im Einklang mit demokratischen Grundsätzen und dem Rechtsstaatlichkeits- prinzip erfüllen kann.
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Friedenshaltung
46. Wir bekennen uns unverändert zur Verstärkung der Schlüsselrolle der OSZE in der Erhaltung von Frieden und Stabilität in unserem gesamten Gebiet. Die wirksamsten Beiträge zur regionalen Sicherheit leistete die OSZE bisher in Bereichen wie Feldoperationen, Normalisierung der Lage nach Konflikten, Demokratisierung, Überwachung der Menschenrechte und Wahlbeobachtung. Wir haben beschlossen, Möglichkeiten einer potenziell größeren und umfassenderen Rolle für die OSZE bei der Friedenserhaltung zu prüfen. Unter Bekräftigung unserer Rechte und Pflichten aus der Charta der Vereinten Nationen und auf der Grundlage unserer bereits gefassten Beschlüsse bestätigen wir, dass die OSZE, im Einzelfall und mit Konsens, beschließen kann, eine Rolle bei der Friedenserhaltung zu übernehmen, und zwar auch eine führende Rolle, wenn sie nach Ein- schätzung der Teilnehmerstaaten die jeweils wirksamste und geeignetste Organisation ist. Dies- bezüglich könnte sie auch beschließen, das Mandat für die Friedenserhaltung durch andere zur Verfügung zu stellen und die Unterstützung von Teilnehmerstaaten sowie anderer Organisatio- nen in Form von Ressourcen und Expertenwissen anzustreben. Im Einklang mit der Plattform für kooperative Sicherheit könnte sie auch einen koordinierenden Rahmen für derartige Bemü- hungen zur Verfügung stellen. (…)
VI. Schlussfolgerung
51. Diese Charta wird durch die Festigung und Stärkung der OSZE an der Schwelle zum ein- undzwanzigsten Jahrhundert der Sicherheit aller Teilnehmerstaaten zugute kommen. Wir haben heute beschlossen, ihre vorhandenen Instrumente weiterzuentwickeln und neue zu schaffen. Wir werden sie in vollem Umfang zur Förderung eines freien, demokratischen und sicheren OSZE- Gebiets einsetzen (…)
167 Dokument des achten Treffen des Ministerrats Wien 2000
Beschlüsse des Wiener Ministerratstreffens
Beschluss über die Verstärkung der OSZE-Bemühungen im Kampf gegen den Menschenhandel
Der Ministerrat -
eingedenk der Europäischen Sicherheitscharta, die die Teilnehmerstaaten verpflichtet, „Maßnah- men [zu] ergreifen, um jede Form der Diskriminierung von Frauen zu beseitigen und der Gewalt gegen Frauen und Kinder, der sexuellen Ausbeutung und jeder Form des Menschenhandels ein Ende zu setzen“, und „für die Verabschiedung oder Verschärfung von Gesetzen ein[zu]treten, die die Täter zur Verantwortung ziehen und den Opferschutz verbessern“,
unter Hinweis auf die im Moskauer Dokument von 1991 enthaltene OSZEVerpflichtung zur Bekämpfung des Menschenhandels,
in der Erkenntnis, dass der Menschenhandel zu einem immer größeren Problem wird, und über- zeugt von der Notwendigkeit, dass die OSZE ihre Bemühungen im Kampf gegen den Menschen- handel in der gesamten OSZE-Region – auch während eines Konflikts und danach – verstärkt und zum Schutz der Menschenrechte und zum Kampf gegen die grenzüberschreitende organisierte Kriminalität einen Beitrag zu nationalen, regionalen und internationalen Bemühungen gegen den Menschenhandel leistet,
1. bekräftigt, dass der Menschenhandel eine verabscheuenswürdige Menschenrechtsverletzung und ein schweres Verbrechen ist, das eine umfassendere und koordiniertere Reaktion der Teilnehmer- staaten und der internationalen Gemeinschaft sowie eine bessere Abstimmung und Zusammen- arbeit zwischen den Ländern – insbesondere den Herkunfts-, Transit- und Zielländern – verlangt;
2. begrüßt die Verabschiedung des Protokolls zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, durch die Generalversammlung der Vereinten Nationen in Ergänzung des Übereinkommens der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität sowie die darin enthaltene Definition des Men- schenhandels und ruft alle Teilnehmerstaaten auf, das UN-Protokoll und das Fakultativprotokoll zur Konvention über die Rechte des Kindes über den Verkauf von Kindern, Kinderprostitution und Kinderpornografie zu unterzeichnen und zu ratifizieren;
3. ist sich dessen bewusst, dass die Hauptverantwortung für die Bekämpfung des Menschenhan- dels in Form eines ganzheitlichen und koordinierten Lösungsansatzes, der die Verhütung des Men- schenhandels, den Opferschutz und die Verfolgung der Händler und ihrer Komplizen einschließt, bei den Teilnehmerstaaten liegt;
168 Wien 2000
4. unterstreicht, dass es Aufgabe der nationalen Parlamente ist, unter anderem die für die Bekämp- fung des Menschenhandels erforderlichen Gesetze zu verabschieden, und begrüßt die Absätze 106 und 107 der Bukarester Erklärung der Parlamentarischen Versammlung über den Menschenhandel;
5. kommt überein, die Aktivitäten der OSZE im Kampf gegen den Menschenhandel zu verstär- ken, und betont die Notwendigkeit einer intensiveren Zusammenarbeit zwischen den einzelnen OSZE-Institutionen sowie zwischen der OSZE und anderen internationalen Organisationen wie den einschlägigen Sonderorganisationen der Vereinten Nationen, der Internationalen Organisa- tion für Migration, dem Europarat, der Europäischen Union und Interpol;
6. unterstützt die Tätigkeit der Arbeitsgruppe „Menschenhandel“ des Stabilitätspakts und appel- liert insbesondere an die Regierungen der betroffenen Region, in der Arbeitsgruppe eine aktive Rolle zu spielen;
7. ruft die OSZE-Institutionen, insbesondere das BDIMR, und die Feldoperationen auf, Programme gegen den Menschenhandel auszuarbeiten und durchzuführen und sich in Zusammenarbeit mit nichtstaatlichen Organisationen sowie mit internationalen Organisationen und anderen einschlägi- gen Institutionen für koordinierte Bemühungen um Prävention, Verfolgung und Schutz einzusetzen;
8. wird bestrebt sein, Aufklärung über alle Aspekte des Menschenhandels zu betreiben, auch mit Unterstützung des BDIMR, nichtstaatlicher Organisationen und anderer einschlägiger Institutio- nen, erforderlichenfalls durch die Einrichtung von Schulungsprogrammen für Beamte, unter ande- rem für Mitarbeiter der Vollzugs-, Justiz-, Konsular- und Einwanderungsbehörden;
9. sagt zu, notwendige Maßnahmen zu ergreifen, unter anderem durch die Verabschiedung und Durchsetzung von Rechtsvorschriften, um den Menschenhandel unter Strafe zu stellen, und ein angemessenes Strafausmaß vorzusehen, um eine wirksame Reaktion seitens des Gesetzesvollzugs und die Verfolgung zu gewährleisten. Diese Rechtsvorschriften sollten an das Problem des Men- schenhandels unter menschenrechtlichen Gesichtspunkten herangehen und Bestimmungen für den Schutz der Menschenrechte der Opfer einschließen, durch die sichergestellt wird, dass Perso- nen, die Opfer von Menschenhandel wurden, nicht allein wegen dieser Tatsache verfolgt werden;
10. werden in Erwägung ziehen, gesetzliche oder andere geeignete Maßnahmen zu ergreifen, etwa die Einrichtung von Schutzunterkünften, die es den Opfern von Menschenhandel in entsprechenden Fällen ermöglichen, vorübergehend oder auf Dauer in ihren Hoheitsgebieten zu bleiben; geeignete Verfahren für die Repatriierung von Opfern von Menschenhandel unter gebührender Berücksich- tigung ihrer Sicherheit einschließlich der Ausstellung von Dokumenten vorzusehen; und politi- sche Konzepte für die Erbringung wirtschaftlicher und sozialer Leistungen an die Opfer und für deren Rehabilitation und Wiedereingliederung in die Gesellschaft zu entwickeln;
11. ermutigt dazu, gegebenenfalls Regierungsvertreter für Fragen des Menschenhandels zu ernennen, um die nationalen Aktivitäten zu koordinieren und für regionale und internationale Zusammenar- beit zu sorgen, und die betreffende Kontaktstelle den anderen Teilnehmerstaaten bekannt zu geben;
12. stellt fest, dass die OSZE-Feldoperationen im gesetzlichen Rahmen ihrer Gastländer eine wert- volle Rolle im Kampf gegen den Menschenhandel spielen können, etwa durch regelmäßige Über- wachung und Berichterstattung und indem sie einerseits staatlichen Behörden unter anderem durch die Förderung des Dialogs und die Wahrnehmung einer Vermittlerrolle zwischen Regie- rungen und nichtstaatlichen Organisationen und andererseits Institutionen bei der Bereinigung einzelner Fälle von Menschenhandel helfen; und fordert die Feldoperationen auf, verstärkt unter- einander zusammenzuarbeiten;
169 Wien 2000
13. fordert das OSZE-Sekretariat auf, in seinem Einführungsprogramm für OSZE-Mitarbeiter vor Ort das Kapitel Menschenhandel in Zusammenarbeit mit dem BDIMR auszubauen, um die Fähigkeit dieser Mitarbeiter zur Überwachung, Berichterstattung und Reaktion auf Probleme des Menschenhandels im Zuge der regulären OSZE-Aktivitäten zu erhöhen; und in den OSZE-Ins- titutionen und bei den Mitarbeitern der OSZE das Bewusstsein für die Probleme des Menschen- handels zu heben; diese Schulungsprogramme sollten auch den Teilnehmerstaaten und anderen internationalen Organisationen zur Verfügung stehen;
14. begrüßt die Weiterentwicklung des Verhaltenskodex des OSZE-Sekretariats für OSZE-Missi- onsmitglieder, der nun auch Bestimmungen in Bezug auf den Menschenhandel und andere Men- schenrechtsverletzungen enthält, erwartet dessen rasche Umsetzung durch alle OSZE-Strukturen und -Institutionen, ersucht die Leiter der OSZE-Feldoperationen, geeignete Maßnahmen zu tref- fen, wenn Mitglieder ihres Personals Opfer von Menschenhandel ausnützen, und ermutigt alle anderen internationalen Gremien, sich gegebenenfalls vergleichbare Standards und Praktiken zu Eigen zu machen.
170 Dokument des neunten Treffens des Ministerrats Bukarest 2001
Erklärung des Ministerrats von Bukarest (…)
2. Wir verurteilen auf das Entschiedenste alle terroristischen Handlungen. Terrorismus ist durch nichts zu rechtfertigen, gleichgültig, welches seine Motive oder Ursachen sind. Es gibt keine Recht- fertigung dafür, dass unschuldige Menschen zur Zielscheibe von Angriffen werden. Im Kampf gegen den Terrorismus gibt es keine Neutralität.
3. Als Ausdruck der Solidarität der OSZE hat der Ministerrat heute einen Beschluss und einen Aktionsplan gegen den Terrorismus verabschiedet. Wir betonen erneut, dass der Kampf gegen den Terrorismus kein Krieg gegen Religionen oder Völker ist. Wir bekräftigen unsere Verpflichtung zum Schutz der Menschenrechte und Grundfreiheiten.
4. Wir sind entschlossen, unter Wahrung von Rechtsstaatlichkeit, persönlicher Freiheit und Gleich- heit vor dem Gesetz unsere Bürger vor neuen Bedrohungen ihrer Sicherheit zu schützen. Organi- sierte Kriminalität, unerlaubter Drogen- und Waffenhandel und Menschenhandel beeinträchtigen die Sicherheit, die Wirtschaft und das Gesellschaftsgefüge aller Teilnehmerstaaten. Der Minister- rat unterstützt verstärkte Bemühungen und vermehrte internationale Zusammenarbeit im Kampf gegen diese Bedrohungen und fordert die Teilnehmerstaaten nachdrücklich auf, dem Übereinkom- men der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität und dessen Protokollen beizutreten, sofern sie dies noch nicht getan haben. (…)
12. Wir erneuern ferner unser Bekenntnis zu den auf souveräner Gleichheit, gegenseitiger Ach- tung, Zusammenarbeit und Unterstützung der Demokratie beruhenden Beziehungen. Wir sind entschlossen, unsere Beziehungen – geleitet von gleichberechtigter Partnerschaft, Solidarität und Transparenz – im Einklang mit dem Konzept der gemeinsamen und umfassenden Sicherheit zu gestalten. Wir bleiben einer ungeteilten, freien und in Frieden lebenden OSZE Gemeinschaft von Vancouver bis Wladiwostok verpflichtet, die durch konzertierte Bemühungen Bedrohungen des Friedens und der Stabilität begegnet.
II. Beschluss über die Bekämpfung des Terrorismus und Bukarester Aktionsplan zur Bekämpfung des Terrorismus
Die 55 Teilnehmerstaaten der OSZE vereinen sich im Kampf gegen den Terrorismus, eine Gei- ßel unserer Zeit.
Die OSZE-Teilnehmerstaaten verurteilen auf das Entschiedenste die barbarischen Terroranschläge gegen die Vereinigten Staaten vom 11. September 2001. Sie waren ein Angriff auf die gesamte
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internationale Gemeinschaft und gegen Menschen jedes Glaubens und jeder Kultur. Diese abscheu- lichen Taten bedrohen ebenso wie alle anderen terroristischen Handlungen in all ihren Formen und Äußerungen, wann, wo und von wem immer sie verübt werden, den Frieden, die Sicherheit und die Stabilität auf internationaler und regionaler Ebene. Es darf keinen sicheren Zufluchtsort für die Täter noch für jene geben, die die Urheber dieser Straftaten finanzieren, beherbergen oder in anderer Weise unterstützen. Terrorismus ist durch nichts zu rechtfertigen, gleichgültig, welches seine Motive oder Ursachen sind.
Die OSZE-Teilnehmerstaaten werden terroristische Bedrohungen nicht hinnehmen sondern mit allen Mitteln nach Maßgabe ihrer völkerrechtlichen Verpflichtungen bekämpfen. Dazu wird es lan- ger, unablässiger Bemühungen bedürfen, doch liegt ihre Stärke in ihrer breiten Koalition, die von Vancouver bis Wladiwostok reicht. Sie werden unter vollständiger Einhaltung des Völkerrechts und der Menschenrechte die Freiheit verteidigen und ihre Bürger vor terroristischen Handlungen schützen. Sie weisen entschieden die Gleichsetzung von Terrorismus mit irgendeiner Nation oder Religion zurück und bekräftigen die Normen, Prinzipien und Werte der OSZE.
Die OSZE-Teilnehmerstaaten verpflichten sich, die bilaterale und multilaterale Zusammenarbeit innerhalb der OSZE, mit den Vereinten Nationen und anderen internationalen und regionalen Organisationen zu verstärken und auszubauen, um den Terrorismus in all seinen Formen und Äußerungen, wo und von wem immer er verübt wird, zu bekämpfen. Als regionale Abmachung im Sinne von Kapitel VIII der Charta der Vereinten Nationen ist die OSZE entschlossen, zur Erfül- lung der völkerrechtlichen Verpflichtungen beizutragen, wie sie unter anderem in der Resolution 1373 (2001) des Sicherheitsrats der Vereinten Nationen verankert sind, und wird im Einklang mit den Zielen und Grundsätzen der Charta der Vereinten Nationen handeln. Die OSZE-Teilnehmer- staaten verpflichten sich, so rasch wie möglich allen zwölf den Terrorismus betreffenden Überein- kommen und Protokollen der Vereinten Nationen beizutreten. Sie fordern den raschen Abschluss der Verhandlungen über ein Umfassendes Übereinkommen der Vereinten Nationen über den internationalen Terrorismus.
Die OSZE-Teilnehmerstaaten sind aus politischer Solidarität zusammengetreten, um gemeinsam zu handeln. Sie erwarten von der Internationalen Konferenz von Bischkek über die Festigung von Sicherheit und Stabilität in Zentralasien, die am 13. und 14. Dezember 2001 stattfindet, einen subs- tanziellen Beitrag zu den weltweiten Bemühungen im Kampf gegen den Terrorismus und werden die zentralasiatischen Partner auf deren Ersuchen auch durch technische Hilfe bei der Abwendung äußerer terroristischer Bedrohungen unterstützen.
Zu diesem Zweck verabschiedet der Ministerrat der OSZE den Bukarester Aktionsplan zur Bekämp- fung des Terrorismus, der diesem Beschluss beigefügt ist.
Anhang
Bukarester Aktionsplan zur Bekämpfung des Terrorismus
I. Ziel des Aktionsplans
1. Der Terrorismus ist im OSZE-Gebiet wie auch andernorts eine Gefahr für den Weltfrieden und die internationale Sicherheit. Die OSZE ist bereit, in enger Zusammenarbeit mit anderen Organisa- tionen und Foren ihren Beitrag zum Kampf gegen den Terrorismus zu leisten. Dieser Beitrag wird mit der Plattform für kooperative Sicherheit im Einklang stehen und aus dem Zusammenwirken weltweiter und regionaler Bemühungen zur Bekämpfung des Terrorismus unter der Schirmherr- schaft der Vereinten Nationen Nutzen ziehen. Die OSZETeilnehmerstaaten werden den politischen
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Willen, die Ressourcen und die praktischen Mittel aufbringen, um ihre Verpflichtungen im Rah- men bestehender Übereinkommen gegen den internationalen Terrorismus zu erfüllen, und ver- pflichten sich, die nationalen, bilateralen und multilateralen Bemühungen zur Bekämpfung des Terrorismus zu verstärken.
2. Als Beitrag zu den weltweiten Bemühungen zur Bekämpfung des Terrorismus wird die OSZE bestrebt sein, auf der Grundlage der besonderen Merkmale, der Stärken und der vergleichsweisen Vorteile der Organisation – ihr umfassendes Sicherheitskonzept, das die politisch-militärische, die menschliche und die wirtschaftliche Dimension miteinander verbindet, ihr breiter Teilneh- merkreis, ihre Erfahrungen in der Arbeit vor Ort, ihr Fachwissen in den Bereichen Frühwarnung, Konfliktverhütung, Krisenmanagement, Konfliktnachsorge und Aufbau demokratischer Institu- tionen – einen Mehrwert zu erbringen. Darüber hinaus betreffen viele wirksame Maßnahmen gegen den Terrorismus Bereiche, in denen die OSZE bereits tätig ist und über Erfahrungen ver- fügt, etwa die polizeiliche Ausbildung und Überwachung, die Rechts- und Justizreform und die Grenzüberwachung.
3. Ziel des Aktionsplans ist die Schaffung eines Rahmens für umfassende Maßnahmen der OSZE, die die Teilnehmerstaaten und die Organisation als Ganzes treffen müssen, um den Terrorismus unter vollständiger Einhaltung des Völkerrechts, einschließlich der völkerrechtlichen Bestimmun- gen über die Menschenrechte und anderer einschlägiger völkerrechtlicher Normen, zu bekämpfen. Der Aktionsplan soll bewirken, dass bestehende Aktivitäten, die zur Bekämpfung des Terroris- mus beitragen, ausgeweitet werden, das Zusammenwirken zwischen den Staaten erleichtert wird und gegebenenfalls neu einzusetzende Instrumente ausfindig gemacht werden. Im Aktionsplan, der davon ausgeht, dass der Kampf gegen den Terrorismus unablässige Bemühungen erfordert, werden Aktivitäten aufgezeigt, die unverzüglich beziehungsweise auf mittlere oder lange Sicht zu verwirklichen sind.
II. Völkerrechtliche und politische Verpflichtungen
4. Vereinten Nationen bilden den weltweiten rechtlichen Rahmen für den Kampf gegen den Ter- rorismus. Die Sicherheitsratsresolutionen 1269 (1999), 1368, 1373 und 1377 (2001) bilden gemein- sam mit den zwölf maßgeblichen Übereinkommen und Protokollen der Vereinten Nationen zu Fragen der Terrorismusbekämpfung die Grundlage für diesen Rahmen und beinhalten mehrere konkrete Elemente der Terrorismusbekämpfung. Darüber hinaus findet sich in einer Reihe von OSZE-Dokumenten, darunter die Gipfelerklärungen von Helsinki bis Istanbul, die Verpflichtung der OSZE zum Kampf gegen den Terrorismus im Einklang mit der Charta der Vereinten Nationen. Es muss angestrebt und gewährleistet werden, dass die Teilnehmerstaaten so breit und umfassend wie möglich an bestehenden Instrumenten und Verpflichtungen zur Bekämpfung des Terroris- mus teilnehmen und diese umsetzen.
5. Die Teilnehmerstaaten: gehen die Verpflichtung ein, sich zu bemühen, wenn möglich bis 31. Dezember 2002 allen zwölf den Terrorismus betreffenden Übereinkommen und Protokollen der Vereinten Nationen beizutreten, im Bewusstsein der wichtigen Aufgabe, die Parlamentariern im Ratifizierungsverfahren und in anderen Rechtsetzungsverfahren zur Bekämpfung des Terrorismus zukommen kann. Den Staaten wird nahe gelegt, den Ständigen Rat über diesbezügliche Schritte zu informieren. Sie werden sich konstruktiv an den im Rahmen der Vereinten Nationen geführ- ten Verhandlungen über ein Umfassendes Übereinkommen gegen den internationalen Terroris- mus und ein Internationales Übereinkommen zur Bekämpfung des Nuklearterrorismus beteiligen und deren baldigen und erfolgreichen Abschluss anstreben.
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6. Das Büro für demokratische Institutionen und Menschenrechte (BDIMR): wird in enger Zusam- menarbeit mit anderen Organisationen, einschließlich des Büros der Vereinten Nationen für Dro- genkontrolle und Verbrechensverhütung (UNODCCP), auf formelles Ersuchen interessierter Teilnehmerstaaten und wo angebracht technische Hilfe/Beratung bei der Abfassung von Rechts- vorschriften anbieten, die für die Ratifizierung völkerrechtlicher Verträge erforderlich sind.
7. Die Teilnehmerstaaten: werden prüfen, auf welche Weise sich die OSZE bewährte Praktiken und Erfahrungen anderer maßgeblicher Gruppen, Organisationen, Institutionen und Foren zunutze machen kann, etwa bei der Zusammenarbeit im Polizei- und Justizbereich, der Verhütung und Bekämpfung der Finanzierung des Terrorismus, der Verweigerung anderer Formen der Unterstüt- zung, den Grenzkontrollen einschließlich der Visa- und Dokumentensicherheit und dem Zugang von Strafverfolgungsbehörden zu Informationen.
8. Die Teilnehmerstaaten werden ferner vom Forum für Sicherheitskooperation (FSK) Gebrauch machen, um ihre Bemühungen zur Bekämpfung des Terrorismus durch die vollständige und unver- zügliche Umsetzung aller einschlägigen von der OSZE vereinbarten Maßnahmen zu verstärken. Zu diesem Zweck werden sie die Umsetzung bestehender politisch-militärischer Verpflichtungen und Vereinbarungen, insbesondere des Verhaltenskodex zu politisch-militärischen Aspekten der Sicherheit und des Dokuments über Kleinwaffen und leichte Waffen (SALW), nachhaltiger betreiben.
Das FSK wird prüfen, inwiefern seine anderen Dokumente für den Kampf gegen den Terrorismus von Bedeutung sind, und beurteilen, ob es erforderlich ist, zusätzliche Normen und Maßnahmen auszuarbeiten. Der Sicherheitsdialog kann als geeignete Grundlage für regelmäßige Konsultatio- nen zu diesen Fragen innerhalb des FSK dienen.
Die Teilnehmerstaaten werden durch Beantwortung des Fragebogens zum Verhaltenskodex für noch mehr Transparenz in Bezug auf internationale, regionale und nationale Verpflichtungen zur Bekämpfung des Terrorismus sorgen, insbesondere hinsichtlich einschlägiger Übereinkom- men und Resolutionen der Vereinten Nationen. Das FSK wird Mittel und Wege zur vollständigen Umsetzung des SALW-Dokuments prüfen, unter anderem im Hinblick auf Abschnitt V über Früh- warnung, Konfliktverhütung, Krisenbewältigung und Konfliktnachsorge. Das FSK wird die Mög- lichkeit erhöhter Transparenz in Bezug auf innerstaatliche Kennzeichnungssysteme, Ausfuhren und Einfuhren sowie innerstaatliche Lagerverwaltungs- und Sicherheitsverfahren prüfen, in erster Linie durch Überprüfung der dazu ausgetauschten Informationen und Ausarbeitung von Leitfä- den für bewährte Praktiken. Die Folgekonferenz zum Verhaltenskodex und der SALW-Workshop, die beide 2002 stattfinden werden, könnten bewirken, dass diese Dokumente bei der Bekämpfung des Terrorismus noch stärkere Anwendung finden.
III. Vorbeugende Maßnahmen gegen Terrorismus im OSZE-Gebiet
9. Terroristische Handlungen sind unter keinen Umständen und durch keine Begründung zu recht- fertigen. Gleichzeitig gibt es verschiedene soziale, wirtschaftliche, politische und andere Fakto- ren, darunter gewalttätiger Separatismus und Extremismus, die Voraussetzungen schaffen, unter denen terroristische Organisationen in der Lage sind, um Unterstützung zu werben und diese zu finden. Der umfassende Sicherheitsansatz der OSZE ist bei der Bekämpfung des Terrorismus inso- fern ein vergleichsweiser Vorteil, als diese Faktoren von allen einschlägigen OSZE-Instrumenten und -Strukturen aufgezeigt und angesprochen werden.
10. Aufbau von Institutionen, Stärkung der Rechtsstaatlichkeit und der staatlichen Behörden: Das BDIMR wird seine Bemühungen um Förderung und Unterstützung des Aufbaus demokrati- scher Institutionen auf Ersuchen von Staaten fortsetzen und intensivieren, indem es unter anderem
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bei der Stärkung der Verwaltungskapazitäten, der örtlichen Verwaltung, der Zentralregierung und der parlamentarischen Strukturen, der Justiz, der Volksanwaltschaften und der Zivilgesellschaft Hilfestellung leistet. Es wird in dieser Hinsicht die gegenseitige Information über bewährte Prak- tiken und den Austausch von Erfahrungen zwischen den Teilnehmerstaaten erleichtern. Es wird weiterhin Projekte zur Festigung der demokratischen Institutionen, der Zivilgesellschaft und der verantwortungsvollen Staatsführung ausarbeiten.
11. Förderung der Menschenrechte, der Toleranz und der multikulturellen Gesellschaft: Die Teilnehmerstaaten/der Ständige Rat/das BDIMR/der Hohe Kommissar für nationale Minderhei- ten (HKNM)/der Beauftragte für Medienfreiheit werden Toleranz, Koexistenz und harmonische Beziehungen zwischen ethnischen, religiösen, sprachlichen und anderen Gruppen sowie die dies- bezügliche konstruktive Zusammenarbeit zwischen den Teilnehmerstaaten fördern und verstär- ken. Sie werden in Fällen, in denen diese Gruppen Opfer von Gewalt, Intoleranz, Extremismus und Diskriminierung werden, für Frühwarnung sorgen und in geeigneter Weise reagieren und gleichzeitig der Rechtsstaatlichkeit, den demokratischen Werten und der persönlichen Freiheit zu mehr Achtung verhelfen. Sie werden sich dafür einsetzen, dass Angehörige nationaler Minderhei- ten das Recht haben, ihre ethnische, kulturelle, sprachliche oder religiöse Identität frei zum Aus- druck zu bringen, zu bewahren und zu entwickeln.
12. Der Beauftragte für Medienfreiheit wird die Entwicklung von Projekten in Erwägung ziehen, die durch den Einsatz von Medien zu Toleranz gegenüber Andersdenkenden und Andersgläubi- gen erziehen sollen. Er wird in den Medien Maßnahmen zur Verhütung und Bekämpfung von aggressivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitis- mus fördern. Er wird weiterhin dazu ermutigen, dass eine pluralistische Debatte geführt wird und die Medien der Toleranz gegenüber der ethnischen, religiösen, sprachlichen und kulturellen Viel- falt mehr Aufmerksamkeit schenken; er wird in diesem Zusammenhang einen breiten Zugang der Öffentlichkeit zu den Medien fördern und Fällen von Verhetzung nachgehen.
13. Auseinandersetzung mit negativen sozio-ökonomischen Faktoren: Die Teilnehmerstaaten/ das Sekretariat: werden bestrebt sein, ökonomische und ökologische Probleme aufzuzeigen, die die Sicherheit bedrohen, etwa mangelhafte Staatsführung, Korruption, Schattenwirtschaft, hohe Arbeitslosigkeit, Massenarmut und große Ungleichheiten, demographische Faktoren und Aus- beutung natürlicher Ressourcen; sie werden sich ferner darum bemühen, diesen Faktoren auf ihr Ersuchen hin mit Hilfe des Büros des Koordinators für ökonomische und ökologische Aktivitä- ten der OSZE entgegenzuwirken, das unter anderem als Katalysator den Anstoß zu Aktionen und Kooperation gibt.
14. Verhütung gewaltsamer Konflikte und Förderung der friedlichen Beilegung von Streitigkei- ten: Die OSZE wird sich unter Nutzung all ihrer Kapazitäten weiterhin und intensiver als bisher mit der Frühwarnung und einer angemessenen Reaktion, der Konfliktverhütung, dem Krisenma- nagement und der Konfliktnachsorge befassen; sie wird ihre Fähigkeit zur Beilegung von Konflik- ten stärken; sie wird sich im Fall ungelöster Konflikte im Wege verstärkter Zusammenarbeit mit den Vereinten Nationen, der Europäischen Union und anderen internationalen Organisationen auch durch Förderung der Rechtsstaatlichkeit und der Verbrechensverhütung in derartigen Kon- fliktzonen verstärkt um dauerhafte Lösungen bemühen; sie wird eine raschere Einsatzfähigkeit in Krisensituationen (REACT) anstreben.
15. Auseinandersetzung mit der Frage der Langzeitvertriebenen: Die Teilnehmer- staaten/das BDIMR/der HKNM/der Beauftragte für Medienfreiheit werden ein verstärktes Potenzial der OSZE im Hinblick auf einen Beitrag zu dauerhaften Lösungen ausloten, indem sie andere einschlägige Organisationen, in erster Linie das Amt des Hochkommissärs der Vereinten Nationen für die
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Flüchtlinge, unterstützen und mit ihnen zusammenarbeiten. Sie werden Fälle von Langzeitver- treibung genau beobachten.
16. Verschärfung einzelstaatlicher Rechtsvorschriften gegen den Terrorismus: Die Teilnehmer- staaten: verpflichten sich, alle Verpflichtungen zu erfüllen, die sie im Rahmen einschlägiger, den Terrorismus betreffender Übereinkommen und Protokolle und des Übereinkommens der Ver- einten Nationen gegen die grenzüberschreitende organisierte Kriminalität und seiner Zusatzpro- tokolle eingegangen sind, diesbezüglich Informationen und Methoden auszutauschen und Mittel und Wege zur Zusammenarbeit bei der Durchführung auf bilateralen, OSZE-weiten und subre- gionalen Treffen zu prüfen.
17. Die Parlamentarische Versammlung der OSZE wird sich im Hinblick auf die Verschärfung der für die Bekämpfung des Terrorismus wesentlichen Rechtsvorschriften weiterhin um die Förderung des Dialogs zwischen OSZE-Parlamentariern bemühen.
18. Das BDIMR wird nach Maßgabe der Beschlüsse des Ständigen Rates auf Ersuchen interessier- ter Teilnehmerstaaten und wo angebracht technische Hilfe/Beratung in Bezug auf die Umsetzung internationaler Übereinkommen und Protokolle gegen den Terrorismus sowie im Hinblick auf die Übereinstimmung der betreffenden Rechtsvorschriften mit internationalen Normen anbie- ten und zu diesem Zweck die Zusammenarbeit mit anderen Organisationen, insbesondere dem UNODCCP, anstreben. Es wird prüfen, inwiefern es möglich ist, Kontakte zwischen nationalen Experten zu erleichtern, um den Informationsaustausch und die gegenseitige Information über bewährte Praktiken in Bezug auf Rechtsvorschriften zur Bekämpfung des Terrorismus zu fördern.
19. Unterstützung der Strafverfolgung und Kampf gegen die organisierte Kriminalität: Die Teil- nehmerstaaten: werden in Kenntnis des engen Zusammenhangs zwischen Terrorismus und grenz- überschreitender organisierter Kriminalität, illegalem Drogenhandel, Geldwäsche und illegalem Waffenhandel die notwendigen Schritte setzen, um auf ihrem Hoheitsgebiet unerlaubte Aktivitä- ten von Personen, Gruppen oder Organisationen zu verhindern, die zu terroristischen Handlun- gen oder anderen unerlaubten Aktivitäten, die auf den gewaltsamen Sturz des politischen Regimes eines anderen Teilnehmerstaats abzielen, anstiften, diese finanzieren, organisieren oder erleichtern oder an diesen mitwirken. Sie werden einander nach Maßgabe ihres innerstaatlichen Rechts und ihrer völkerrechtlichen Verpflichtungen bei der Beschaffung von Informationen im Zusammen- hang mit strafrechtlichen Untersuchungen oder strafrechtlichen Auslieferungsverfahren in Bezug auf terroristische Handlungen in größtmöglichem Ausmaß unterstützen.
20. Der Ständige Rat: wird die Möglichkeit der Abhaltung regelmäßiger Treffen von Beamten der Strafverfolgungsbehörden der Teilnehmerstaaten und gegebenenfalls von OSZE-Experten mit ein- schlägigen Erfahrungen auf diesem Gebiet prüfen; diese Treffen sollen der gegenseitigen Infor- mation über bewährte Praktiken und über Wege zu einer verbesserten Zusammenarbeit dienen.
21. Das Sekretariat: wird die Teilnehmerstaaten auf deren Ersuchen durch Maßnahmen zur Bekämp- fung des Menschenhandels, des Handels mit Drogen und mit Kleinwaffen und leichten Waffen nach Maßgabe einschlägiger Beschlüsse des Ständigen Rates unterstützen und wird sich bemü- hen, gegebenenfalls bei der Ermöglichung einer verstärkten Grenzüberwachung Beistand zu leis- ten. Es wird den Teilnehmerstaaten weiterhin auf deren Ersuchen und mit deren Zustimmung durch Beratung und Hilfestellung bei der Umstrukturierung beziehungsweise dem Wiederaufbau der Polizeidienste, bei der Überwachung und Ausbildung bestehender Polizeidienste einschließ- lich der Unterweisung in Menschenrechten und beim Aufbau von Kapazitäten einschließlich der Unterstützung integrierter oder multiethnischer Polizeidienste helfen. Es wird zu diesem Zweck
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seine derzeitigen polizeibezogenen Aktivitäten bei der Konfliktverhütung, dem Krisenmanage- ment und der Konfliktnachsorge verstärken.
22. Das BDIMR wird die Teilnehmerstaaten auf deren Ersuchen weiterhin in Bezug auf die Stär- kung innerstaatlicher rechtlicher Rahmenbedingungen und rechtsstaatlicher Institutionen bera- ten, wie etwa Strafverfolgungsbehörden, Justiz und Staatsanwaltschaft, Anwaltsvereinigungen und Verteidiger. Es wird sich verstärkt darum bemühen, den Menschenhandel zu bekämpfen und seine Opfer zu unterstützen. Es wird gegebenenfalls die Reform des Strafvollzugs und Verbesserungen im Strafverfahren unterstützen.
23. Der Beauftragte für Medienfreiheit wird auf Ersuchen bei der Ausarbeitung von Gesetzen zur Verhinderung des Missbrauchs der Informationstechnologie für terroristische Zwecke mitarbeiten und dabei sicherstellen, dass diese Gesetze mit Verpflichtungen in Bezug auf die freie Meinungs- äußerung und den freien Informationsfluss im Einklang stehen.
24. Bekämpfung der Finanzierung des Terrorismus: Die Teilnehmerstaaten: werden im Rahmen des Übereinkommens der Vereinten Nationen zur Bekämpfung der Finanzierung des Terrorismus und der Sicherheitsratsresolution 1373 (2001) Maßnahmen ergreifen, um die Finanzierung des Ter- rorismus zu verhindern und zu bekämpfen, die vorsätzliche Bereitstellung oder Beschaffung von Geldern für terroristische Zwecke unter Strafe stellen und das Vermögen von Terroristen einfrieren, auch eingedenk der Sicherheitsratsresolution 1267 (1999). Sie werden Auskunftsersuchen anderer Teilnehmerstaaten oder einschlägiger internationaler Organisationen nach Maßgabe ihrer inner- staatlichen Rechtsvorschriften und ihrer völkerrechtlichen Verpflichtungen rasch beantworten.
25. Die Teilnehmerstaaten/das Sekretariat: werden im Rahmen der für 2002 geplanten ökonomi- schen und ökologischen Aktivitäten auch Möglichkeiten zur Bekämpfung der wirtschaftlichen Faktoren, die das Aufkeimen des Terrorismus begünstigen können, der wirtschaftlichen Folgen des Terrorismus und der finanziellen Unterstützung von Terroristen prüfen. Sie werden prüfen, auf welche Weise die OSZE im Rahmen ihrer Bemühungen um Transparenz und um Bekämpfung der Korruption zu den umfassenderen internationalen Bemühungen um Bekämpfung des Terro- rismus beitragen kann. Sie werden prüfen, ob sie bei der Planung gezielter Schulungsprojekte für Mitarbeiter innerstaatlicher Finanzinstitutionen im Hinblick auf die Terrorismusbekämpfung, unter anderem in Bezug auf die Überwachung von Finanzströmen und die Verhinderung von Geldwäsche, als Katalysator fungieren können. Die Teilnehmerstaaten werden sich im Rahmen der Vereinten Nationen konstruktiv an den bevorstehenden Verhandlungen über ein globales Rechts- dokument gegen Korruption beteiligen und deren raschen und erfolgreichen Abschluss anstreben.
26. Einschränkung der Bewegungsfreiheit von Terroristen: Die Teilnehmerstaaten: werden die Bewegungsfreiheit einzelner Terroristen und terroristischer Gruppierungen durch wirksame Grenz- kontrollen und die kontrollierte Ausstellung von Ausweisen und Reisedokumenten sowie durch Maßnahmen zur Gewährleistung der Sicherheit von Ausweisen und Reisedokumenten und zur Verhinderung ihrer Nachahmung, Fälschung und missbräuchlichen Verwendung einschränken. Sie werden diese Kontrollmaßnahmen unter vollständiger Einhaltung ihrer Verpflichtungen aus dem internationalen Flüchtlingsrecht und den völkerrechtlichen Bestimmungen über die Men- schenrechte anwenden. Sie werden durch die ordnungsgemäße Anwendung der im Abkommen von 1951 über die Rechtsstellung der Flüchtlinge und in dessen Protokoll von 1967 enthaltenen Ausschlussklauseln gewährleisten, dass Personen, die sich an terroristischen Handlungen beteiligt haben, kein Asyl gewährt wird. Sie werden gemäß ihren Verpflichtungen aus dem Völkerrecht und dem innerstaatlichen Recht dafür sorgen, dass Personen, denen terroristische Handlungen zur Last gelegt werden, unverzüglich festgenommen und strafrechtlich verfolgt oder ausgeliefert werden.
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IV. Maßnahmen im Rahmen der Plattform für kooperative Sicherheit – Zusammenarbeit mit anderen Organisationen
27. Die Vereinten Nationen bilden den Rahmen für den weltweiten Kampf gegen den Terroris- mus. Eine enge Zusammenarbeit und Koordination zwischen allen maßgeblichen Beteiligten muss gewährleistet sein. Die OSZE kann bei inter- und intraregionalen Initiativen die Funktion eines Koordinators übernehmen. Die OSZE erreicht über enge Kontakte nichtstaatliche Organisationen (NGOs), die Zivilgesellschaft und Parlamentarier und baut dadurch ein immer engmaschigeres Netz für die internationale Koalition gegen den Terrorismus auf.
28. Die Teilnehmerstaaten/das Sekretariat: werden die Zusammenarbeit und den Informationsaus- tausch – in formeller wie auch in informeller Form – mit anderen einschlägigen Gruppen, Orga- nisationen und Institutionen stärken, die sich an der Bekämpfung des Terrorismus beteiligen. Sie werden die Zusammenarbeit mit der Europäischen Union bei der Analyse und Frühwarnung stär- ken und in Bezug auf den Stabilitätspakt für Südosteuropa und die Zentraleuropäische Initiative in den für die Bekämpfung des Terrorismus relevanten Bereichen verstärkt Synergieeffekte nutzen. Sie werden innerhalb des OSZE-Gebiets den Dialog über Fragen im Zusammenhang mit neuen Bedrohungen und Herausforderungen fördern. Sie werden den Dialog mit Partnern außerhalb des OSZE-Gebiets, etwa den Kooperationspartnern im Mittelmeerraum und den Kooperations- partnern in Asien, der Schanghai-Kooperationsorganisation, der Konferenz über Interaktion und vertrauensbildende Maßnahmen in Asien, der Organisation der Islamischen Konferenz, der Arabi- schen Liga, der Afrikanischen Union und den an das OSZE-Gebiet angrenzenden Staaten, auf die Weitergabe von Informationen über bewährte Praktiken und Erfahrungen bei den Bemühungen um Bekämpfung des Terrorismus im Hinblick auf eine Anwendung im OSZE-Gebiet ausweiten.
V. Folgemaßnahmen
29. Die „Internationale Konferenz von Bischkek über die Festigung von Sicherheit und Stabilität in Zentralasien: Stärkung umfassender Bemühungen im Kampf gegen den Terrorismus“, die am 13. und 14. Dezember 2001 in Bischkek stattfindet, wird erstmals Gelegenheit bieten: • innerhalb eines breiten Teilnehmerkreises auf der Grundlage dieses Aktionsplans konkrete Erfahrungen und bewährte Praktiken in Bezug auf die Bekämpfung des internationalen Ter- rorismus zu erörtern und • in Anbetracht der spezifischen Sicherheitsbedrohungen, denen diese Region ausgesetzt ist, ein- schlägige Bestimmungen dieses Aktionsplans im Hinblick auf die praktische Unterstützung der Teilnehmerstaaten in Zentralasien anzuwenden, einschließlich finanzieller und technischer Hilfe in ihren konkreten Interessensgebieten.
30. Der Generalsekretär wird bis 27. Dezember 2001 dem Ausschuss der Vereinten Nationen gegen den Terrorismus über die von der OSZE zur Bekämpfung des Terrorismus ergriffenen Maßnah- men berichten und danach die Vereinten Nationen entsprechend informieren. Darüber hinaus wird er den Ständigen Rat regelmäßig über OSZE-Aktivitäten im Rahmen dieses Aktionsplans informieren. Er wird einen Bericht über Aktivitäten der OSZEGremien in Fragen der Terroris- musbekämpfung zur Vorlage an das nächste Treffen des Ministerrats/Gipfeltreffen der OSZE und danach auf Ersuchen des Ständigen Rates ausarbeiten. 31. Jedes OSZE-Gremium, das aufgefordert wird, im Rahmen dieses Aktionsplans tätig zu werden, wird einen „Fahrplan“ für die Durchfüh- rung dieser Aufgaben ausarbeiten und dem Ständigen Rat vorlegen, einschließlich eines Zeitplans, der Auswirkungen auf die Ressourcen und der Angabe von Aktivitäten, für die weitere Beschlüsse des Ständigen Rates erforderlich sind.
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Auf der Grundlage der von anderen OSZE-Gremien bereitgestellten Informationen wird das Sekretariat eine vorläufige Bewertung der administrativen und finanziellen Auswirkungen dieses Aktionsplans vornehmen, einschließlich der eventuell erforderlichen Einrichtung einer Antiterro- rismus-Einheit oder -Ansprechstelle innerhalb des Sekretariats, und dem Ständigen Rat Empfeh- lungen zu den im Haushaltsplan 2002 vorzusehenden Ressourcen zur Genehmigung vorlegen. Der Ständige Rat wird die Durchführung dieses Aktionsplans laufend kontrollieren und dabei unter anderem über den Amtierenden Vorsitzenden und mit Unterstützung des Sekretariats tätig wer- den. Er wird ferner erkunden, welche Quellen zur Unterstützung der Umsetzung von Maßnahmen zur Bekämpfung des Terrorismus herangezogen werden können, darunter Expertenteams, und mit welchen zusätzlichen Aufgaben der Ständige Rat OSZE-Feldpräsenzen in enger Zusammenarbeit und nach Absprache mit den Regierungen der Gastländer betrauen könnte. (…)
V. Beschlüsse des Ministerratstreffens von Bukarest
Bechluss Nr. 5
Der Ministerrat,
nach wie vor besorgt über Äußerungen von aggressivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit, Antisemitismus und gewalttätigem Extremismus, wo immer diese auftreten,
unter erneutem Hinweis auf seine Entschlossenheit, alle OSZE-Verpflichtungen zur Durchfüh- rung diesbezüglicher Maßnahmen umzusetzen,
ruft die Teilnehmerstaaten dazu auf, Toleranz und Nichtdiskriminierung auch durch Informati- onskampagnen und Erziehung zu fördern; ruft die OSZE-Institutionen, insbesondere das BDIMR, den Hohen Kommissar für nationale Minderheiten und den Beauftragten für Medienfreiheit, dazu auf, Äußerungen von aggressivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlich- keit, Antisemitismus und gewalttätigem Extremismus verstärkte Aufmerksamkeit zu schenken, Intoleranz und Diskriminierung aufgrund der rassischen oder ethnischen Herkunft, der religiö- sen, politischen oder sonstigen Überzeugung entgegenzuwirken und die Achtung der Rechtsstaat- lichkeit, der demokratischen Werte, der Menschenrechte und Grundfreiheiten, einschließlich der Meinungs-, Gedanken-, Überzeugungs-, Religions- und Glaubensfreiheit, zu fördern;
beauftragt den Ständigen Rat, die Ausarbeitung weiterer diesbezüglicher Maßnahmen zu prüfen.
Beschluss Nr. 6
Der Ministerrat,
unter erneutem Hinweis auf seine Verpflichtung, den Menschenhandel, von dem alle Teilnehmer- staaten betroffen sind, in all seinen Formen zu bekämpfen,
in Bestätigung seiner Verpflichtung, die Zusammenarbeit und das Zusammenwirken zwischen den Teilnehmerstaaten in Bezug auf Maßnahmen gegen den Menschenhandel und damit zusam- menhängende Verbrechen auszubauen,
ruft die Teilnehmerstaaten dazu auf, das Übereinkommen der Vereinten Nationen gegen die grenz- überschreitende organisierte Kriminalität und dessen Protokoll zur Verhütung, Bekämpfung und
179 Bukarest 2001
Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, zu unterzeich- nen und zu ratifizieren;
begrüßt den erfolgreichen Abschluss des OSZE-Verhaltenskodex und der OSZELeitlinien gegen den Menschenhandel und deren Verteilung an die Mitarbeiter der OSZE;
bekräftigt seine Unterstützung für die Arbeit des BDIMR, der Feldeinsätze und der Stabilitäts- pakt-Task-Force zur Bekämpfung des Menschenhandels;
ermutigt zu einem Informationsaustausch im Hinblick auf verstärkte Untersuchungen, Strafver- folgung und Verbrechensverhütung;
ruft die Teilnehmerstaaten dazu auf, rascher die notwendigen Maßnahmen zur Erfüllung ihrer auf dem Ministerratstreffen von Wien eingegangenen Verpflichtungen zu ergreifen, die die Ver- hütung des Menschenhandels, den Opferschutz und die Verfolgung der Händler und ihrer Kom- plizen einschließen.
Beschluss Nr. 7
Kenntnis nehmend von den Schlussfolgerungen der Konferenz von Bukarest über Chancengleich- heit für Roma und Sinti,
in Bekundung seiner Unterstützung für die Arbeit der Kontaktstelle für Fragen der Roma und Sinti und seiner Verpflichtung, die Kontaktstelle zu stärken,
beauftragt das BDIMR, als eine der Möglichkeiten zur Stärkung der Fähigkeit der Kontaktstelle, den Teilnehmerstaaten bei der Erfüllung ihrer Verpflichtungen zur Verbesserung der Lage der Roma und Sinti Hilfestellung zu leisten, entsprechend dem auf dem Gipfeltreffen von Istanbul erteilten Auftrag einen Aktionsplan für zielgerichtete Aktivitäten auszuarbeiten und dem Stän- digen Rat vorzulegen;
ermutigt die Kontaktstelle für Fragen der Roma und Sinti, ihre Tätigkeit in enger Zusammenar- beit mit den Teilnehmerstaaten, dem Europarat und anderen einschlägigen Organisationen fort- zusetzen und den Ständigen Rat über diese Angelegenheiten zu informieren.
Beschluss Nr. 8
Der Ministerrat,
in Anerkennung der Tatsache, dass die Gleichberechtigung von Frau und Mann für die Bestand- fähigkeit von Demokratie und Stabilität in der OSZE-Region wesentlich ist,
überzeugt vom Potenzial der Frauen, zur Konfliktverhütung, zur Aussöhnung und zum Prozess der Friedenskonsolidierung beizutragen,
in Bestätigung der Verpflichtung, die Rechte der Frauen zu schützen und zu fördern, und im Bewusstsein der Schutzbedürftigkeit von Frauen insbesondere in und nach einem Konflikt,
entschlossen, alle Formen von Gewalt gegen Frauen, einschließlich der Gewalt in der Familie, zu bekämpfen,
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im Bewusstsein der Tatsache, dass Bedarf an Rehabilitationszentren für weibliche Opfer von Gewalt besteht, erfreut über die Tatsache, dass die OSZE im Lauf dieses Jahres dem Problem der Gewalt gegen Frauen, das alle OSZE-Teilnehmerstaaten betrifft, mehr Aufmerksamkeit geschenkt hat,
ruft zur Umsetzung des Aktionsplans zu Fragen der Gleichberechtigung von Frau und Mann auf;
beauftragt den Ständigen Rat, zu prüfen, wie die OSZE zur Verhütung von Gewalt gegen Frauen beitragen kann.
Beschluss Nr. 9
Aktivitäten im polizeilichen Bereich
Der Ministerrat,
in Bekräftigung der auf dem Gipfeltreffen von Istanbul erkannten Tatsache, dass weltweit und im OSZE-Gebiet neue Sicherheitsrisiken und -herausforderungen auf uns zukommen und dass diese neuen Herausforderungen – internationaler Terrorismus, gewalttätiger Extremismus, orga- nisierte Kriminalität und Drogenhandel sowie die maßlose und destabilisierende Anhäufung und unkontrollierte Verbreitung von Kleinwaffen und leichten Waffen – in steigendem Maße Sicher- heitsrisiken darstellen,
in Bekräftigung der Verpflichtung von Istanbul, untereinander aktiver und enger zusammenzu- arbeiten, um diesen Herausforderungen zu begegnen und den Schutz gegen diese neuen Risiken und Herausforderungen zu verstärken;
in Anbetracht der Verpflichtung von Istanbul, gemeinsamen Herausforderungen zu begegnen, und der Erkenntnis, dass starke demokratische Institutionen und die Rechtsstaatlichkeit die Grund- lage für den Schutz gegen diese neuen Risiken und Herausforderungen bilden,
mit der Feststellung, dass eine wirksame Polizeiarbeit für die Wahrung der Rechtsstaatlichkeit und die Verteidigung demokratischer Institutionen wesentlich ist,
ferner mit der Feststellung, dass eine stärkere Zusammenarbeit zwischen zwei und mehreren Teil- nehmerstaaten in Bezug auf Aktivitäten im polizeilichen Bereich dazu beitragen kann, diesen neuen Risiken und Herausforderungen zu begegnen;
unter Hinweis auf die Absichtserklärung der OSZE-Teilnehmerstaaten auf dem Gipfeltreffen von Istanbul, die Fähigkeit zur Wahrnehmung von Aufgaben im polizeilichen Bereich zu verstärken, um die Vorherrschaft des Rechts wahren zu helfen,
ferner unter Hinweis auf die in den Absätzen 44 und 45 der Europäischen Sicherheitscharta von Istanbul enthaltenen Verpflichtungen, die Rolle der OSZE im zivilpolizeilichen Bereich als Bestand- teil der Bemühungen der Organisation um Konfliktverhütung, Krisenbewältigung und Normali- sierung der Lage nach Konflikten zu stärken;
mit dem weiteren Hinweis auf die Verpflichtung von Istanbul, die Entwicklung unabhängiger Rechtssysteme zu fördern, die als Rechtsmittel bei Menschenrechtsverletzungen von größter Bedeutung sind, Reformen des Gefängniswesens mit Rat und Tat zu unterstützen und mit ande- ren internationalen Organisationen bei der Schaffung eines politischen und rechtlichen Rahmens
181 Bukarest 2001
zusammenzuarbeiten, in dem die Polizei ihre Aufgaben im Einklang mit demokratischen Grund- sätzen und dem Rechtsstaatlichkeitsprinzip erfüllen kann,
gemäß dem Beschluss des Ministerrats vom 28. November 2000 über Aktivitäten im polizeilichen Bereich und in Kenntnisnahme der Erörterungen im Rahmen der Tagung von Polizeiexperten, die am 28. und 29. Juni 2001 in Wien stattfand;
in Anbetracht des Beschlusses des Ministerrats vom 4. Dezember 2001 über die Bekämpfung des Terrorismus und der darin enthaltenen Zusage aller OSZE-Teilnehmerstaaten, die bilaterale und multilaterale Zusammenarbeit innerhalb der OSZE, mit den Vereinten Nationen und anderen internationalen und regionalen Organisationen zu verstärken und auszubauen, um den Terroris- mus in all seinen Formen und Äußerungen, wo und von wem immer er verübt wird, im Einklang mit ihren internationalen Verpflichtungen zu bekämpfen;
ferner in Anerkennung der Rolle der Strafverfolgung in Bezug auf die Förderung des Beschlusses des Ministerrats vom 28. November 2000 über die Verstärkung der OSZEBemühungen im Kampf gegen den Menschenhandel und für die Umsetzung des Beschlusses des Forums für Sicherheitsko- operation vom 24. November 2000 über das OSZE-Dokument über Kleinwaffen und leichte Waffen;
in Anbetracht der vermehrten Ersuchen aus Teilnehmerstaaten an die OSZE um Hilfe bei poli- zeibezogenen Aktivitäten und der jüngsten Ausdehnung der Bemühungen der Organisation in Krisensituationen oder nach einem Konflikt auf die Beobachtung von Polizeiaktivitäten und die Schaffung von Ausbildungsmöglichkeiten im polizeilichen Bereich, einschließlich eines Polizei- dienstes, der sich aus Mitgliedern verschiedener Volksgruppen beziehungsweise unterschiedlichen religiösen Gemeinschaften zusammensetzt;
1. vereinbart, dass die OSZE bei der Ausarbeitung von Plänen für polizeibezogene OSZE-Aktivi- täten zur Bewältigung neuer Sicherheitsherausforderungen und zur Stärkung der auf Konfliktver- hütung, Krisenbewältigung und Konfliktnachsorge ausgerichteten Aktivitäten: • danach trachten wird, beim Aufbau von Institutionen und der Übernahme von Funktionen im Rahmen internationaler Unterstützung und nach Abzug derselben für Kontinuität zu sorgen; • die Rolle der Polizeiausbildung, insbesondere einer integrierten Polizeiausbildung, bei der Schaf- fung eines Polizeidienstes, der das Vertrauen der gesamten Bevölkerung genießt, und als ver- trauensbildende Maßnahme erkunden und darauf aufbauen wird, • die Optionen und Voraussetzungen für eine Rolle der OSZE bei der Strafverfolgung prüfen wird.
2. beschließt, die bestehenden polizeibezogenen Aktivitäten der OSZE bei der Konfliktverhütung, der Krisenbewältigung und der Konfliktnachsorge auf Ersuchen von Teilnehmerstaaten und mit ihrer Zustimmung, auch durch Beratung und Hilfe bei der Umstrukturierung und/oder dem Wie- deraufbau von Polizeidiensten, die Beobachtung und Ausbildung bestehender Polizeidienste ein- schließlich der Ausbildung in Bezug auf Menschenrechte und Grundfreiheiten und gegebenenfalls den Aufbau von Kapazitäten einschließlich der Unterstützung für integrierte oder multiethnische Polizeidienste, zu verstärken.
3. beschließt, zur Bewältigung neuer Sicherheitsherausforderungen die Zusammenarbeit zwischen den Teilnehmerstaaten unter anderem durch folgende Maßnahmen zu verstärken und zu fördern: • auf Ersuchen von Teilnehmerstaaten und mit ihrer Zustimmung und – wenn es aufgrund gelten- der OSZE-Verfahren erforderlich ist – auf Beschluss des Ständigen Rates Schaffung und Koor- dinierung von Ausbildungsmöglichkeiten im polizeilichen Bereich durch die OSZE, auch auf subregionaler Ebene, im Hinblick auf:
182 Bukarest 2001
– eine Verbesserung der Einsatzfähigkeit und der taktischen Fähigkeiten der Polizei; – eine Stärkung der zentralen Polizeiqualifikationen, einschließlich der Achtung der Men- schenrechte und Grundfreiheiten, und gegebenenfalls den Umgang mit den strafrechtlichen Aspekten der illegalen Migration, – eine Verstärkung der bürgernahen Polizeiarbeit, der Kapazitäten zur Bekämpfung des Dro- genhandels, der Korruption und des Terrorismus, • auf Ersuchen von Teilnehmerstaaten und mit ihrer Zustimmung: – Beratung oder Vermittlung von Beratung durch Experten in Bezug auf die Erfordernisse einer wirksamen Polizeiarbeit (Bedarfsabschätzung) und auf ihre Erfüllung, auch durch Erleich- terung oder Ermittlung der Finanzierung für die Durchführung derartiger Ratschläge sei- tens der OSZE, durch außerbudgetäre Finanzierung von den Teilnehmerstaaten oder durch andere einschlägige internationale oder regionale Organisationen, – gegebenenfalls Ermutigung zum Informationsaustausch zwischen zwei oder mehreren Teil- nehmerstaaten in Bezug auf Erfahrungen und bewährte Polizeimethoden zur Bewältigung dieser neuen Sicherheitsherausforderungen.
4. Zur Unterstützung der angeführten Aktivitäten und Verpflichtungen wird die OSZE im Ein- klang mit der Plattform für kooperative Sicherheit: • wenn angebracht, vorzugsweise alljährlich, Treffen von Polizeiexperten aus OSZETeilnehmers- taaten und Vertretern anderer einschlägiger internationaler und regionaler Fachorganisatio- nen einberufen; • sicherstellen, dass OSZE-Aktivitäten in polizeibezogenen Fragen in Absprache mit anderen maßgeblichen Beteiligten und Organisationen durchgeführt werden, einschließlich der Über- prüfung und wenn möglich Verstärkung der Kompatibilität mit subregionalen, regionalen und internationalen Bemühungen, im Hinblick auf die Maximierung der Effizienz und des Nutzens für die Organisation und den gastgebenden Teilnehmerstaat und um Defizite, Doppelarbeit oder Kompetenzüberschneidungen zu vermeiden, • die Fähigkeiten und Kapazitäten der Organisation bei der Planung, Durchführung und Leitung einer effizienten Ausbildung, Überwachung und dem Aufbau von Kapazitäten im polizeilichen Bereich durch die OSZE unter anderem durch Herstellung von Verbindungen zu anderen ein- schlägigen Organisationen und nationalen Behörden sowie zu den wichtigsten humanitären Hilfsorganisationen fördern.
5. Im Einklang mit den angeführten Absichtserklärungen verpflichten sich die Teilnehmerstaaten: • die Zusammenarbeit in polizeibezogenen Fragen zwischen zwei oder mehreren von ihnen zu verstärken, um neue Risiken und Herausforderungen für ihre Sicherheit sowohl bilateral als auch multilateral und gegebenenfalls durch verstärkte Kontakte zwischen einschlägigen Gre- mien zu bewältigen, • das Fachwissen und die Erfahrungen der OSZE in Bezug auf polizeibezogene Aktivitäten an andere einschlägige internationale Organisationen, denen sie angehören, im Hinblick auf wirk- samere internationale Aktionen im Umgang mit diesen neuen Sicherheitsrisiken und -heraus- forderungen weiterzugeben.
6. Der Ständige Rat wird auf der Grundlage eines jährlichen Berichts des Generalsekretärs über polizeibezogene Aktivitäten der OSZE die polizeibezogenen Aktivitäten der OSZE alljährlich überprüfen, um unter anderem abzuwägen, wie diese Aktivitäten am besten zur Bewältigung der
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Sicherheitsherausforderungen und zum Beschluss geeigneter Folgemaßnahmen im Einklang mit OSZE-Verfahren beitragen können.
184 Dokument des zehnten Treffens des Ministerrats Porto 2002
I. Erklärung des Ministerrats von Porto
Bewältigung des Wandels
1. Wir, die Minister für auswärtige Angelegenheiten der Teilnehmerstaaten der Organisation für Sicherheit und Zusammenarbeit in Europa, sind in Porto zusammengetreten und haben unsere Ent- schlossenheit zur Zusammenarbeit bekräftigt, um unsere Völker vor bestehenden und neuen Sicher- heitsbedrohungen zu bewahren. Aus dem Wandel des politischen, die Sicherheit und Wirtschaft betreffenden Umfeldes erwachsen der OSZE neue Herausforderungen. Mit dem fortschreitenden neuen Jahrhundert treten diese Herausforderungen deutlicher zutage, und der einzigartige Beitrag der OSZE zu einer internationalen Gemeinschaft, in der sich alle Nationen und Menschen sicher fühlen können, erhält immer größeres Gewicht. Uns bietet sich die historische Chance, in einem stetig zusammenwachsenden Europa Frieden, Wohlstand und Demokratie auf Dauer zu festigen.
2. Wir bekräftigen unser Bekenntnis zur Förderung von Sicherheit und Zusammenarbeit in einem OSZE-Gebiet ohne Trennlinien durch den Aufbau von gegenseitigem Vertrauen und durch Zusam- menarbeit bei der Lösung von Sicherheitsfragen im Geiste von Transparenz und Partnerschaft. Unsere Bemühungen werden durch diejenigen anderer internationaler Organisationen und Ins- titutionen ergänzt, mit denen wir auf der Grundlage der Plattform für kooperative Sicherheit eng zusammenarbeiten werden.
3. Gleichzeitig muss unsere Organisation neue Antworten auf neuartige Bedrohungen unserer Sicherheit entwickeln, die alle drei Dimensionen unseres ganzheitlichen Ansatzes erfassen und stärken. Unsere Bemühungen um die Förderung von Frieden und Stabilität müssen Hand in Hand gehen mit unserer Entschlossenheit, für die uneingeschränkte Achtung der Menschenrechte, der Grundfreiheiten und der Rechtsstaatlichkeit zu sorgen und die unverzichtbaren Voraussetzungen für eine bestandfähige Entwicklung in allen unseren Staaten abzusichern.
4. Die jüngsten Terroranschläge wie die Geiselnahme in Moskau haben gezeigt, dass der Terro- rismus nach wie vor eine Bedrohung für die individuelle und die globale Sicherheit darstellt. In der Charta zur Verhütung und Bekämpfung des Terrorismus, die wir heute verabschiedet haben, sind die Grundsätze für unser gemeinsames Vorgehen gegen den Terrorismus verankert. Letztes Jahr verabschiedeten wir in Bukarest unter dem Eindruck der Ereignisse vom 11. September einen Aktionsplan zur Bekämpfung des Terrorismus, und heute haben wir beschlossen, unsere Bemü- hungen zu seiner Umsetzung zu intensivieren.
5. Um sicherzustellen, dass die OSZE gegenwärtigen und zukünftigen Anforderungen gewachsen ist, sind wir überein gekommen, dass sie 2003 die Entwicklung einer Strategie gegen Bedrohun- gen von Sicherheit und Stabilität im einundzwanzigsten Jahrhundert fortsetzen soll. Die heute beschlossene Jährliche Sicherheitsüberprüfungskonferenz der OSZE wird einen Rahmen für einen
185 Porto 2002
verstärkten Sicherheitsdialog und für die Überprüfung der Arbeit der OSZE und ihrer Teilneh- merstaaten im Sicherheitsbereich bilden. Wir haben ferner beschlossen, die Rolle der OSZE bei Einsätzen zur Friedenssicherung zu überdenken, wobei die diesbezüglichen Fähigkeiten der OSZE bewertet und Optionen für ihr Engagement in diesem Bereich aufgezeigt werden sollen.
6. Gute Polizeiarbeit vermag einen wesentlichen Beitrag zu Sicherheit und Stabilität zu leisten. Wir bestätigen, dass die OSZE ihre Fähigkeit zur Hilfeleistung an Teilnehmerstaaten, die ihre Polizei- kompetenz verbessern wollen, weiter ausbauen soll, und wir ermutigen die Teilnehmerstaaten, die dazu nötigen Ressourcen zur Verfügung zu stellen. (…)
8. Die menschliche Dimension ist und bleibt das Herzstück der Aktivitäten der Organisation. Die in diesem Jahr verabschiedeten neuen Modalitäten der OSZE-Implementierungstreffen zur menschlichen Dimension werden die Wirksamkeit der Arbeit der Organisation und ihrer Insti- tutionen weiter erhöhen. Wir sind übereingekommen, den OSZE-Aktionsplan für Aktivitäten zur Bekämpfung des Menschenhandels zu überarbeiten und zu aktualisieren. Hohe Priorität erhält die Förderung von Toleranz und Nichtdiskriminierung, wozu wir einen eigenen Beschluss verab- schiedet haben. Ferner haben wir einen Beschluss über Verpflichtungen betreffend Wahlen ange- nommen, und werden dabei weiter zusammenarbeiten.
9. Wir würdigen den beachtlichen Beitrag, den unsere Institutionen und Feldeinsätze dank ihrer engagierten Mitarbeiter zur praktischen Umsetzung der Ziele und Grundsätze unserer Organisa- tion in Zusammenarbeit mit den Gaststaaten leisten. Wir beauftragen den Ständigen Rat, gegebe- nenfalls Mittel und Wege zu prüfen, wie die Funktionsweise und Wirksamkeit der Feldeinsätze weiter verbessert werden kann.
II. OSZE-Charta zur Verhütung und Bekämpfung des Terrorismus
Die OSZE-Teilnehmerstaaten, fest entschlossen, sich dem Kampf gegen den Terrorismus anzu- schließen,
1. verurteilen auf das Entschiedenste Terrorismus in jeder Form und Ausprägung, wann, wo und von wem auch immer er begangen wird, und wiederholen, dass kein Umstand und kein Beweg- grund terroristische Handlungen oder die Unterstützung von Terrorismus rechtfertigen kann;
2. lehnen es nachdrücklich ab, Terrorismus mit irgendeiner Staatsangehörigkeit oder Religion gleichzusetzen, und bekräftigen, dass Maßnahmen gegen den Terrorismus gegen keine Religion, keine Nation und kein Volk gerichtet sind;
3. sind sich der Tatsache bewusst, dass dem Terrorismus eine koordinierte und umfassende Reak- tion entgegengesetzt werden muss und dass Handlungen des internationalen Terrorismus, wie in Resolution 1373 (2001) des Sicherheitsrats der Vereinten Nationen festgestellt, eine Bedrohung des Weltfriedens und der internationalen Sicherheit darstellen;
4. erklären, dass terroristische Handlungen, Methoden und Praktiken sowie die bewusste Unter- stützung, Duldung, Finanzierung und Planung solcher Handlungen sowie die Anstiftung dazu im Widerspruch zu den Zielen und Grundsätzen der Vereinten Nationen und der OSZE stehen;
5. halten es für äußerst wichtig, die laufende Umsetzung der OSZE-Verpflichtungen in Bezug auf Terrorismus durch die Bekräftigung der grundlegenden und ewig gültigen Prinzipien zu ergänzen,
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auf denen die Tätigkeit der OSZE bisher beruhte und auch in Zukunft beruhen wird und zu denen sich die Teilnehmerstaaten uneingeschränkt bekennen;
6. bekräftigen ihre Verpflichtung, die erforderlichen Maßnahmen zu treffen, um die Menschen- rechte und Grundfreiheiten, insbesondere das Recht auf Leben, jedes Menschen innerhalb ihres Zuständigkeitsbereichs vor terroristischen Handlungen zu schützen;
7. verpflichten sich, wirksame und entschlossene Maßnahmen gegen den Terrorismus zu ergreifen und alle gegen den Terrorismus gerichteten Aktionen und ihre diesbezügliche Zusammenarbeit im Einklang mit der Rechtsstaatlichkeit, der Charta der Vereinten Nationen und den einschlägi- gen Bestimmungen des Völkerrechts, den internationalen Menschenrechtsnormen und gegebe- nenfalls dem humanitären Völkerrecht durchzuführen;
8. bekräftigen, dass jeder Staat verpflichtet ist, es zu unterlassen, Terroristen Unterschlupf zu gewäh- ren, Terroranschläge in einem anderen Staat zu organisieren, zu solchen anzustiften, sie aktiv oder passiv zu unterstützen, ihnen Vorschub zu leisten oder auf andere Weise zu begünstigen oder in seinem eigenen Hoheitsgebiet organisierte Aktivitäten zu dulden, die auf die Begehung solcher Handlungen gerichtet sind;
9. werden auf dem Wege der Zusammenarbeit dafür Sorge tragen, dass jede Person, die vorsätzlich an der Finanzierung, Planung, Vorbereitung oder Begehung terroristischer Handlungen oder an deren Unterstützung mitwirkt, vor Gericht gestellt wird, und werden einander zu diesem Zweck jede nur denkbare Unterstützung bei der Weitergabe von Informationen im Zusammenhang mit strafrechtlichen Ermittlungen oder Auslieferungsverfahren im Zusammenhang mit terroristischen Handlungen in Übereinstimmung mit ihren innerstaatlichen Rechtsvorschriften und internatio- nalen Verpflichtungen gewähren;
10. werden im Einklang mit einschlägigen Bestimmungen des innerstaatlichen Rechts und des Völkerrechts sowie durch richtige Anwendung der Ausschlussklauseln des Abkommens von 1951 über die Rechtsstellung der Flüchtlinge und dessen Protokoll von 1967 geeignete Schritte unter- nehmen, um sicherzustellen, dass keiner Person, die terroristische Handlungen geplant, erleich- tert oder an solchen teilgenommen hat, Asyl gewährt wird;
11. erkennen an, dass die einschlägigen Übereinkommen und Protokolle der Vereinten Nationen und die Resolutionen des Sicherheitsrats der Vereinten Nationen, insbesondere die Resolution 1373 (2001) des Sicherheitsrats der Vereinten Nationen, den wichtigsten völkerrechtlichen Rahmen für den Kampf gegen den Terrorismus darstellen;
12. anerkennen die Bedeutung der vom Ausschuss für Terrorismusbekämpfung des Sicherheitsrats der Vereinten Nationen geleisteten Arbeit und bekräftigen die Verpflichtung und die Bereitschaft der Teilnehmerstaaten und der OSZE, mit diesem Ausschuss zusammenzuarbeiten;
13. erinnern an die Rolle der OSZE als regionale Abmachung nach Kapitel VIII der Charta der Vereinten Nationen und an ihre daraus erwachsende Verpflichtung, zum weltweiten Kampf gegen den Terrorismus beizutragen;
14. verweisen auf ihren auf dem Neunten Treffen des OSZE-Ministerrats in Bukarest gefassten Beschluss über die Bekämpfung des Terrorismus und den in diesem enthaltenen Aktionsplan zur Bekämpfung des Terrorismus und bekräftigen die darin eingegangenen Verpflichtungen;
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15. nehmen mit Befriedigung Kenntnis von der Erklärung und dem Aktionsprogramm, die auf der am 13. und 14. Dezember 2001 abgehaltenen Internationalen Konferenz von Bischkek „Festi- gung von Sicherheit und Stabilität in Zentralasien: Stärkung umfassender Bemühungen im Kampf gegen den Terrorismus“ verabschiedet wurden;
16. erneuern ihre Verpflichtung, aktiver und enger untereinander und mit anderen internatio- nalen Organisationen zusammenzuarbeiten, um den Bedrohungen und Herausforderungen für die Sicherheit entgegenzutreten, die sie im Rahmen der auf dem Gipfeltreffen von Istanbul verab- schiedeten Europäischen Sicherheitscharta, einschließlich der Plattform für kooperative Sicher- heit, eingegangen sind;
17. unterstreichen, dass die Verhütung und Bekämpfung des Terrorismus auf einem Konzept der gemeinsamen und umfassenden Sicherheit und einem konsequenten Ansatz beruhen muss, und verpflichten sich, die drei Dimensionen und alle Gremien und Institutionen der OSZE einzuset- zen, um den Teilnehmerstaaten auf deren Ersuchen bei der Verhütung und Bekämpfung des Ter- rorismus in all seinen Formen behilflich zu sein;
18. sichern zu, dass sie ihre Verpflichtungen aus den Übereinkommen und Protokollen der Verein- ten Nationen und den Resolutionen des Sicherheitsrats sowie andere völkerrechtliche Verpflich- tungen erfüllen werden, denen zufolge sie zu gewährleisten haben, dass terroristische Handlungen sowie Aktivitäten, die diese unterstützen, einschließlich der Finanzierung des Terrorismus, nach innerstaatlichem Recht als schwere Straftaten gelten;
19. werden zusammenarbeiten, um terroristische Handlungen zu verhüten, zu bekämpfen, zu untersuchen und strafrechtlich zu verfolgen, etwa auch durch verstärkte Zusammenarbeit und vollständige Umsetzung der einschlägigen internationalen Übereinkommen und Protokolle betref- fend den Terrorismus;
20. sind von der Notwendigkeit überzeugt, den Bedingungen entgegenzuwirken, die geeignet sind, den Terrorismus zu begünstigen und zu unterstützen, insbesondere indem Demokratie und Rechts- staatlichkeit uneingeschränkt geachtet werden, allen Bürgern die volle Teilnahme am politischen Leben zugestanden wird, in ihrer Gesellschaft Diskriminierung verhindert und zum interkultu- rellen und interreligiösen Dialog ermutigt wird, die Zivilgesellschaft in die Suche nach gemeinsa- men politischen Lösungen von Konflikten eingebunden wird, die Menschenrechte und Toleranz gefördert werden und die Armut bekämpft wird;
21. würdigen die positive Rolle, die Medien bei der Förderung von Toleranz und gegenseitigem Verständnis zwischen Religionen, Weltanschauungen, Kulturen und Völkern sowie bei der Auf- klärung über die Gefahr des Terrorismus spielen können;
22. verpflichten sich, Verhetzung zu bekämpfen und die erforderlichen Maßnahmen zu ergreifen, um den Missbrauch der Medien und der Informationstechnologie für terroristische Zwecke zu verhindern, wobei zu gewährleisten ist, dass diese Maßnahmen im Einklang mit dem nationalen Recht, dem Völkerrecht und den OSZE-Verpflichtungen stehen;
23. werden die Bewegung von Terroristen oder terroristischen Gruppen verhindern, indem sie wirksame Grenzkontrollen durchführen und die Ausstellung von Identitätsdokumenten und Rei- seausweisen kontrollieren;
24. anerkennen die Notwendigkeit, im Rahmen ihrer Verpflichtungen aus dem Internationalen Übereinkommen über die Bekämpfung der Finanzierung des Terrorismus und aus den einschlägigen
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Resolutionen des Sicherheitsrats die internationale Zusammenarbeit dahingehend zu ergänzen, dass sie alle Maßnahmen ergreifen, die notwendig sind, um die Unterstützung, Finanzierung und Vorbereitung terroristischer Handlungen in ihren Hoheitsgebieten mit allen rechtlich zulässigen Mitteln zu verhüten und zu bekämpfen und die vorsätzliche Bereitstellung oder Sammlung von Geldern für terroristische Zwecke unter Strafe zu stellen;
25. bekräftigen ihr Bekenntnis zur Erfüllung ihrer internationalen Verpflichtungen aus den Reso- lutionen 1373 (2001) und 1390 (2002) des Sicherheitsrats der Vereinten Nationen und insbesondere die Vermögenswerte jener einzufrieren, die vom Ausschuss des Sicherheitsrats nach Resolution 1267 (1999) namhaft gemacht werden;
26. nehmen mit Besorgnis Kenntnis von den Verbindungen zwischen dem Terrorismus und dem grenzüberschreitendem organisierten Verbrechen, der Geldwäsche, dem Menschenhandel und dem unerlaubten Drogen- und Waffenhandel und betonen in diesem Zusammenhang die Notwendig- keit, die Koordination zu verstärken und kooperative Vorgehensweisen auf allen Ebenen zu ent- wickeln, um ihre Reaktion auf diese ernst zu nehmende Bedrohung und Herausforderung für die Sicherheit und Stabilität zu verstärken;
27. erklären ihre Entschlossenheit, nach Treu und Glauben alle im Rahmen der politischmili- tärischen Dimension der OSZE, die vom Forum für Sicherheitskooperation vertreten wird, zur Verfügung stehenden einschlägigen Instrumente einzusetzen und betonen die Wichtigkeit der umfassenden Umsetzung dieser Instrumente, insbesondere des Verhaltenskodex zu politisch-mili- tärischen Aspekten der Sicherheit und des OSZE-Dokuments über Kleinwaffen und leichte Waffen;
28. bekräftigen, dass Rüstungskontrolle, Abrüstung und Nichtverbreitung nach wie vor unverzicht- bare Elemente der kooperativen Sicherheit zwischen den Staaten sind, dass sie auch wesentlich zur Verringerung des Risikos beitragen können, dass sich Terroristen Zugang zu Massenvernichtungs- waffen und -material und den für deren Einsatz erforderlichen Geräten verschaffen;
äußern ihre Entschlossenheit, gegen das Risiko der unerlaubten Verbreitung konventioneller Waf- fen, einschließlich von Kleinwaffen und leichten Waffen, und des Zugangs zu diesen vorzugehen;
werden alles in ihren Kräften Stehende tun, um diese Gefahren mittels nationaler Anstrengun- gen und durch Stärkung und Verschärfung bestehender multilateraler Vertragswerke im Bereich der Rüstungskontrolle, der Abrüstung und der Nichtverbreitung, einschließlich der OSZE-Prin- zipien zur Regelung der Nichtverbreitung, auf ein Minimum zu reduzieren und für deren wirk- same Umsetzung und gegebenenfalls weltweite Anwendbarkeit einzutreten.
III. Erklärung zum Menschenhandel
I.
Wir, die Mitglieder des OSZE-Ministerrats, erklären, dass der Menschenhandel eine gefährliche Bedrohung für die Sicherheit im OSZE-Gebiet und darüber hinaus darstellt.
Wir erklären, dass der Menschenhandel und andere moderne Formen der Sklaverei eine abscheu- liche Verletzung der Würde und der Rechte von Menschen darstellen.
Wir sind uns der Tatsache bewusst, dass der Menschenhandel ein ernst zu nehmender und rasch expandierender Zweig des grenzüberschreitenden organisierten Verbrechens ist, der für kriminelle
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Netzwerke, die auch mit Straftaten wie dem unerlaubten Waffen- und Drogenhandel und dem Schmuggel von Migranten in Verbindung zu bringen sind, riesige Gewinne abwirft.
Wir verweisen auf die Verpflichtung der OSZE, den Menschenhandel zu bekämpfen, wie sie im Moskauer Dokument 1991, in der in Istanbul 1999 verabschiedeten Europäischen Sicherheits- charta, im Beschluss Nr. 1 des Ministerrats 2000 von Wien, im Beschluss Nr. 426 des Ständigen Rates und im Beschluss Nr. 6 des Ministerrats 2001 von Bukarest enthalten ist, und bekräftigen unser Bekenntnis zur vollen Einhaltung dieser Verpflichtung und erklären unsere Entschlossen- heit, beim Vorgehen gegen den Menschenhandel in den Herkunfts-, Transit- und Zielländern ver- stärkt zusammenzuarbeiten.
Wir bekräftigen unsere Entschlossenheit, alle Formen des Menschenhandels zu bekämpfen, und rufen jene Staaten, die dies noch nicht getan haben, dazu auf, die Ratifikation beziehungsweise den Beitritt zum Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende orga- nisierte Kriminalität und zum ergänzenden Protokoll zur Verhütung, Bekämpfung und Bestra- fung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, zu erwägen und die im besagten Protokoll enthaltene Definition des Menschenhandels zu beachten.
Wir erklären, dass die Ratifikation und vollständige Umsetzung dieser beiden Vertragswerke die internationalen und nationalen rechtlichen Rahmenbedingungen und die Möglichkeiten der Straf- verfolgungsbehörden zur Bekämpfung des Menschenhandels verstärken werden. Wir ermutigen die Staaten nachdrücklich, gleichzeitig auch die Ratifikation und vollständige Umsetzung des Pro- tokolls gegen die Schleusung von Migranten auf dem Land-, See- und Luftweg, ebenfalls in Ergän- zung des genannten Übereinkommens, in Erwägung zu ziehen.
Wir bekräftigen unsere Unterstützung für die Arbeit der Gruppen Menschenhandel und Geschlechts- spezifische Fragen des BDIMR und sprechen uns für eine verstärkte Einbindung der BDIMR-Kon- taktstelle für Fragen der Roma und Sinti aus. Wir bekräftigen ferner unsere Unterstützung für die OSZE-Feldeinsätze und das OSZE-Sekretariat, insbesondere die Beraterin für Gleichbehand- lungsfragen. Wir würdigen deren umfassenden Ansatz und ihre Arbeit zur Erleichterung natio- naler Bemühungen um die Verhütung des Menschenhandels, die strafrechtliche Verfolgung der Täter und den Schutz und Beistand für die Opfer.
Wir unterstützen außerdem die Arbeit des Arbeitskreises Menschenhandel des Stabilitätspakts unter der Schirmherrschaft der OSZE. Wir zollen ihm Anerkennung für seine Rolle als treibende Kraft für die Förderung der regionalen Zusammenarbeit und für die Entwicklung einschlägiger Initiativen.
II.
Wir erkennen die Notwendigkeit an, auf die tieferen Ursachen des Menschenhandels einzuge- hen und die wirtschaftlichen und sozialen Ungleichheiten und Benachteiligungen abzubauen, die ebenfalls illegale Migration bewirken und die organisierte kriminelle Netzwerke zu ihrem Vorteil nutzen können. Ferner erkennen wir die Notwendigkeit an, die Korruption zu bekämpfen, die das Funktionieren dieser Netzwerke erleichtert. Wir empfehlen, dass das Büro des Koordinators für ökonomische und ökologische Aktivitäten der OSZE eine größere Rolle bei der Behandlung aller wirtschaftlichen Aspekte des Menschenhandels übernehmen möge.
Wir sind uns der Tatsache bewusst, dass die Nachfrage in den Zielländern nach den Diensten von Personen, die Opfer des Menschenhandels zum Zwecke der sexuellen Ausbeutung, der Zwangsar- beit, der Sklaverei oder anderer sklavereiähnlicher Praktiken wurden, untrennbar mit dem Men- schenhandel verbunden ist. Wir fordern die Zielländer nachdrücklich auf, wirksame Maßnahmen
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gegen diese Nachfrage zu einem zentralen Element ihrer Strategie zur wirksamen Verhütung und Bekämpfung des Menschenhandels zu machen und gegenüber sexueller Ausbeutung, Sklaverei und allen Formen der Ausbeutung von Zwangsarbeit gleich welcher Art null Toleranz zu üben.
Wir sind tief besorgt über Berichte, denen zufolge einige Missionsmitglieder internationaler Orga- nisationen vor allem in Ländern nach einem Konflikt an Aktivitäten im Zusammenhang mit Men- schenhandel beteiligt sind. Wir verweisen erneut auf die Wichtigkeit des Beschlusses Nr. 426 des Ständigen Rates vom 12. Juli 2001 über den Menschenhandel und ermutigen zur Verabschiedung und Umsetzung einschlägiger Maßnahmen wie etwa des „OSZE-Verhaltenskodex für Missions- mitglieder“. Wir werden es nicht dulden, dass internationale Bedienstete an illegalen Aktivitäten beteiligt sind, zu diesem verbrecherischen Handel anstiften oder gegen den erwähnten Verhaltens- kodex verstoßen. Wir verpflichten uns, alle nur vertretbaren Maßnahmen zu ergreifen, um sicher- zustellen, dass internationale Bedienstete von ihren jeweiligen nationalen – und gegebenenfalls örtlichen – Behörden für derartige Handlungen zur Rechenschaft gezogen werden.
Wir äußern unsere Besorgnis über den zunehmenden Handel mit Minderjährigen und befür- worten in Anerkennung der besonderen Bedürfnisse von Kindern weitere Studien und einen ver- stärkten Informationsaustausch über den Kinderhandel; unter gebührender Bedachtnahme auf das Kindeswohl, das bei allen Maßnahmen, die Kinder betreffen, vorrangig zu berücksichtigen ist, fordern wir die Ausarbeitung von eigenen Maßnahmen zum Schutz minderjähriger Opfer des Menschenhandels vor weiterer Ausbeutung unter Bedachtnahme auf ihr seelisches und körper- liches Wohlergehen.
Wir werden danach trachten, geeignete Maßnahmen zur Verhütung des Menschenhandels in unse- ren Ländern zu ergreifen, etwa in Form zielgerichteter Aufklärungskampagnen und Erziehung in den Herkunfts- und Transitländern, die sich insbesondere an die Jugend und andere gefährdete Gruppen richten, und werden bemüht sein, entsprechende Kampagnen in den Zielländern zu erar- beiten, Schulungen für die zuständigen öffentlichen Bediensteten und Staatsbeamten in den Berei- chen Strafverfolgung, Grenzkontrolle, Strafrechtspflege und soziale Dienste zu organisieren und volle Zusammenarbeit mit NGOs in diesem Bereich zu empfehlen.
Wir werden danach trachten, den Opfern von Menschenhandel, insbesondere Frauen und Kindern, Beistand und Schutz zu gewähren und zu diesem Zweck gegebenenfalls wirksame und umfassende nationale Überweisungsmechanismen einzurichten, die dafür sorgen, dass Opfer von Menschen- handel nicht allein deshalb, weil sie Opfer von Menschenhandel waren, strafrechtlich verfolgt wer- den. Die Würde und die Menschenrechte der Opfer müssen zu jeder Zeit gewahrt werden. Wir werden geeignete Maßnahmen wie geschützte Unterbringungseinrichtungen und die Einführung entsprechender Repatriierungsverfahren für die Opfer von Menschenhandel unter gebührender Berücksichtigung ihrer Sicherheit in Erwägung ziehen, einschließlich der Ausstellung von Aus- weisen, sowie die Entwicklung von Grundsätzen betreffend die Gewährung von wirtschaftlichen und sozialen Leistungen für die Opfer sowie deren Rehabilitation und Wiedereingliederung in die Gesellschaft.
Wir sind uns der Tatsache bewusst, dass eine intensivere Zusammenarbeit zwischen den zustän- digen Akteuren in den Herkunfts-, Transit- und Zielländern für die Rückkehrprogramme für die Opfer von Menschenhandel ausschlaggebend ist und deren Wiedereingliederung erleichtert. Deshalb ermutigen wir alle Opferhilfsorganisationen einschließlich der NGOs, ihre Zusammen- arbeit auszubauen.
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Wir werden überlegen, gesetzliche oder andere Maßnahmen zu treffen, die es Opfern von Men- schenhandel in geeigneten Fällen und unter Berücksichtigung humanitärer oder privater Umstände erlauben, vorübergehend oder auf Dauer in unserem Hoheitsgebiet zu bleiben.
Wir rufen die Teilnehmerstaaten auf, die internationale Zusammenarbeit zur Bekämpfung des organisierten Verbrechens, einschließlich Straftaten wie illegaler Drogen- und Waffenhandel und Schmuggel von Migranten, zu verstärken. In diese Zusammenarbeit sollten für die Zwecke der straf- rechtlichen Ermittlung und Verfolgung der für Menschenhandel Verantwortlichen im Einklang mit innerstaatlichem Recht und gegebenenfalls internationalen Verpflichtungen auch internationale Strafverfolgungsbehörden wie Europol und Interpol sowie die Südosteuropäische Kooperations- initiative (SECI) eingebunden werden. Diesbezüglich ersuchen wir, dass der Leitende Polizeibera- ter dem Kampf gegen den Menschenhandel verstärkte Aufmerksamkeit widmet.
Wir betonen erneut die Notwendigkeit einzelstaatlicher Strategien, um die Kräfte im Kampf gegen den Menschenhandel zu vereinen und die Koordination zwischen nationalen, internationalen und regionalen Organisationen in diesem Bereich zu verbessern. Dieser Notwendigkeit könnte durch Maßnahmen wie die Einsetzung ressortübergreifender Gremien und nationaler Koordina- toren oder gegebenenfalls anderer einschlägiger Gremien oder Mechanismen entsprochen werden.
III.
Wir kommen überein, die Zusammenarbeit zwischen den zuständigen OSZE-Strukturen und -Institutionen sowie zwischen der OSZE und anderen einschlägigen internationalen Organisatio nen und Akteuren, einschließlich der Vereinten Nationen und ihrer Sonderorganisationen, des Europarats, der Europäischen Union und der Internationalen Organisation für Migration, auf Grundlage eines mehrdimensionalen Ansatzes zu vertiefen, und beauftragen den Ständigen Rat zu prüfen, wie eine solche Zusammenarbeit im Hinblick auf die Bekämpfung des Menschenhan- dels besser sichergestellt werden kann.
Wir beauftragen den Ständigen Rat, über die informelle Arbeitsgruppe Gleichbehandlungsfragen und Bekämpfung des Menschenhandels den vorgeschlagenen OSZE-Aktionsplan 2000 für Akti- vitäten zur Bekämpfung des Menschenhandels zu überarbeiten und bis 25. Juli 2003 einen neuen Entwurf für weitere Aktivitäten zu erstellen.
Wir beauftragen den Amtierenden Vorsitz und den Ständigen Rat, für den Informationsaustausch, die Überprüfung von Verpflichtungen und die Verbreitung bewährter Methoden zur Bekämpfung des Menschenhandels von den bestehenden OSZE-Gremien und -Foren Gebrauch zu machen und sich dafür zu verwenden, dass Experten als Vertreter einschlägiger nationaler Institutionen und Gremien sowie Vertreter internationaler Partnerorganisationen und -NGOs regelmäßig beigezo- gen werden. (…)
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V. Beschlüsse des Ministerratstreffens von Porto
Beschluss Nr. 1
Umsetzung der OSZE-Verpflichtungen und –Aktivitäten zur Bekämpfung des Terrorismus
Der Ministerrat,
nimmt Kenntnis vom umfassenden Bericht des Generalsekretärs über die Maßnahmen von OSZE- Gremien und -Institutionen zur Bekämpfung des Terrorismus, einschließlich der Umsetzung des Bukarester Aktionsplans zur Bekämpfung des Terrorismus und des Aktionsprogramms von Bischkek;
beschließt, dass alle OSZE-Teilnehmerstaaten, -Gremien und -Institutionen dringend mit der Umsetzung ihrer in Bukarest eingegangenen Verpflichtungen fortfahren und deren Wirksam- keit sicherstellen sollen;
bekräftigt die Verpflichtung aller Teilnehmerstaaten, so bald wie möglich allen 12 Übereinkom- men und Protokollen der Vereinten Nationen betreffend den Terrorismus beizutreten, und begrüßt die von den Teilnehmerstaaten, die diese Verfahren bereits abgeschlossen haben, getroffenen Maß- nahmen;
verpflichtet sich, den erfolgreichen Abschluss der Verhandlungen über neue universelle Vertrags- werke in diesem Bereich anzustreben, die derzeit in den Vereinten Nationen im Gange sind, und bekräftigt seine Bereitschaft, in Abstimmung mit dem Ausschuss für Terrorismusbekämpfung des Sicherheitsrats der Vereinten Nationen Ersuchen um technische Hilfe und Kapazitätsaufbau im Interesse der Förderung der Ratifikation und Umsetzung der Vertragswerke der Vereinten Natio- nen gegen den Terrorismus und anderer einschlägiger AntiterrorInstrumente zu prüfen;
fordert alle Staaten angesichts der Gefahr, die Massenvernichtungswaffen in den Händen von Ter- roristen darstellen, eindringlich auf, an den in den Vereinten Nationen im Gange befindlichen Verhandlungen über ein internationales Übereinkommen zur Bekämpfung von Akten des Nuk- learterrorismus sowie an den Verhandlungen in der Internationalen Atomenergie-Organisation über ein Protokoll zum Übereinkommen der Vereinten Nationen über den physischen Schutz von Kernmaterial mitzuarbeiten;
begrüßt die vom Vorsitz des Forums für Sicherheitskooperation berichteten Aktivitäten des Forums im Einklang mit dessen Fahrplan und ersucht das Forum für Sicherheitskooperation nachdrück- lich, im Rahmen seines Mandats und Zuständigkeitsbereichs weiter mit Angelegenheiten der Ter- rorismusbekämpfung befasst zu bleiben;
ermutigt den Koordinator für ökonomische und ökologische Aktivitäten der OSZE, weiter Pro- gramme in Zusammenarbeit und Abstimmung mit dem Büro der Vereinten Nationen für Drogen- und Verbrechensbekämpfung durchzuführen und damit die Bemühungen der Teilnehmerstaaten um eine Stärkung ihrer Fähigkeiten zur Verhütung und Bekämpfung der Terrorismusfinanzie- rung zu unterstützen;
begrüßt den im Juli 2002 gefassten Beschluss (PC.DEC/487), dass alle OSZETeilnehmerstaaten den Fragebogen der Arbeitsgruppe für finanzielle Maßnahmen (Financial Action Task Force – FATF) zur Selbstbewertung hinsichtlich der Einhaltung der acht Sonderempfehlungen betreffend
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die Terrorismusfinanzierung ausfüllen, und stellt anerkennend fest, dass die Rücklaufrate der OSZE bisher 88 Prozent beträgt; verpflichtet sich, Schritte zur raschen Umsetzung der acht Son- derempfehlungen der Arbeitsgruppe für finanzielle Maßnahmen betreffend die Terrorismusfinan- zierung zu unternehmen;
erinnert an die Empfehlung des Persönlichen Beauftragten des Amtierenden Vorsitzenden für die Verhütung und Bekämpfung des Terrorismus, dass die OSZE unter anderem Aktivitäten im Bereich der Polizeiarbeit, der Grenzsicherung, der Bekämpfung des Menschenhandels und der Bekämpfung der Terrorismusfinanzierung unternimmt; ersucht, dass interessierte Geber in Erwä- gung ziehen, die notwendigen Ressourcen zur Durchführung von OSZE-Projekten zur Bekämp- fung des Terrorismus bereitzustellen;
beschließt, dass die OSZE-Teilnehmerstaaten, -Gremien und -Institutionen ihre Bemühungen und ihre gemeinsame Verpflichtung zur Bekämpfung des Terrorismus und der ihn begünstigenden Bedingungen verstärken und dabei die Stärken und Vorteile, das umfassende Sicherheitskonzept, die Kompetenz in Frühwarnung, Konfliktverhütung, Krisenmanagement und Konfliktnachsorge, das umfassende Instrumentarium an bewährten vertrauens- und sicherheitsbildenden Maßnah- men sowie das Expertenwissen der OSZE in Bezug auf Kapazitätsaufbau einsetzen werden.
Beschluss Nr. 2
Entwicklung einer OSZE-Strategie gegen Bedrohungen von Sicherheit und Stabilität im einundzwanzigsten Jahrhundert
Der Ministerrat,
geleitet durch die Erklärung des Ministerrats von Bukarest (2001) und insbesondere durch Absatz 8 über die Entwicklung einer OSZE-Strategie gegen Bedrohungen von Sicherheit und Stabilität im einundzwanzigsten Jahrhundert,
unter Hinweis auf OSZE-Dokumente und -Beschlüsse, einschließlich der auf dem Gipfeltreffen von Istanbul verabschiedeten Europäischen Sicherheitscharta, in denen Risiken und Herausfor- derungen im Sicherheitsbereich aufgezeigt werden, sowie in Bekräftigung der Verpflichtung der Teilnehmerstaaten zu solidarischer Zusammenarbeit, um diesen Risiken und Herausforderungen auf der Grundlage der Charta der Vereinten Nationen, der völkerrechtlichen Normen und Grund- sätze sowie der in der OSZE eingegangenen Verpflichtungen zu begegnen,
eingedenk der Notwendigkeit, das Konzept der auf der souveränen Gleichheit und der Solidarität der Staaten gründenden gemeinsamen, umfassenden und unteilbaren Sicherheit weiterzuentwickeln,
erneut auf die wichtige Rolle verweisend, die der OSZE beim Aufbau wirksamer kooperativer Mechanismen gegen Bedrohungen der Sicherheit und Stabilität im euroatlantischen Raum sowie, zu diesem Zweck, bei der Vertiefung des Dialogs innerhalb der OSZE und ihrer Zusammenarbeit und Partnerschaft mit anderen internationalen, regionalen und subregionalen Organisationen und Institutionen auf der Grundlage der Plattform für kooperative Sicherheit zukommt,
entschlossen, die Wirksamkeit sicherheitsrelevanter Aktivitäten in allen drei Dimensionen der OSZE entsprechend den sich entwickelnden europäischen und globalen Prozessen zu verstärken,
unter Berücksichtigung der vom portugiesischen Vorsitz eingeleiteten Erörterungen über die Ent- wicklung einer künftigen OSZE-Strategie sowie der Beiträge der Teilnehmerstaaten,
194 Porto 2002
hat beschlossen: • den Ständigen Rat zu beauftragen, 2003 seine Arbeit an einer umfassenden OSZEStrategie gegen Bedrohungen von Sicherheit und Stabilität im einundzwanzigsten Jahrhundert fortzusetzen und das Forum für Sicherheitskooperation um einen eigenen, seinem Zuständigkeitsbereich und Mandat entsprechenden Beitrag zu dieser Arbeit zu ersuchen.
Diese Strategie wird unter anderem: • Bedrohungen für unsere gemeinsame Sicherheit und Stabilität aufzeigen und ihre Neuartigkeit sowie ihre Hauptursachen analysieren, • auf die Rolle der OSZE-Gremien, -Institutionen und -Feldeinsätze und deren koordinierten Ansatz im Umgang mit Bedrohungen von Sicherheit und Stabilität eingehen; • darlegen, wie die OSZE Bedrohungen von Sicherheit und Stabilität abwenden oder diesen ent- gegentreten kann und welchen Beitrag sie zu den diesbezüglichen internationalen Bemühungen leisten kann. Sie sollte insbesondere: • die bestehenden Kooperationsinstrumente und -mechanismen der OSZE anpassen oder nöti- genfalls ergänzen; • verstärkte Formen der Zusammenarbeit mit anderen Organisationen und Institutionen in die- sem Bereich festlegen; • die Reaktion der OSZE auf den Bedarf von Teilnehmerstaaten an Kapazitätsaufbau zur Bewäl- tigung von Bedrohungen von Sicherheit und Stabilität verbessern und dabei die Interessen aller Teilnehmerstaaten berücksichtigen.
In diesem Zusammenhang werden die Teilnehmerstaaten zur Überprüfung der Umsetzung die- ser Strategie unter anderem von der jährlichen Sicherheitsüberprüfungskonferenz der OSZE Gebrauch machen.
Der Ministerrat beschließt ferner: • dass die Arbeit an der Strategie in einer eigenen Arbeitsgruppe des Ständigen Rates in enger Zusammenarbeit mit dem Forum für Sicherheitskooperation und gemäß Beschluss Nr. 3 des Ministerrats von Bukarest über die Stärkung der Rolle der OSZE als politisches Dialogforum durchgeführt wird. Die Arbeitsfortschritte werden bei Bedarf bei den Sondertagungen des Stän- digen Rates und des Forums für Sicherheitskooperation, einschließlich ihrer gemeinsamen Sit- zungen, geprüft.
Beschluss Nr. 3
Jährliche Sicherheitsüberprüfungskonferenz
Der Ministerrat,
in Bekräftigung des OSZE-Konzepts der gemeinsamen, umfassenden und unteilbaren Sicherheit, in dem Bewusstsein, dass die Wirksamkeit der Sicherheitsaktivitäten in allen drei Dimensionen der OSZE erhöht werden muss,
unter erneutem Hinweis auf die Rolle der OSZE als eine der wichtigsten Organisationen für die friedliche Beilegung von Streitigkeiten innerhalb ihrer Region und als ein Hauptinstrument für Frühwarnung, Konfliktverhütung, Krisenbewältigung und die Normalisierung der Lage nach
195 Porto 2002
Konflikten, sowie auf ihr Wesen als umfassende Organisation für Konsultation, Beschlussfassung und Zusammenarbeit in ihrer Region,
unter Berücksichtigung des Bukarester Aktionsplans zur Bekämpfung des Terrorismus und des Aktionsprogramms von Bischkek, der OSZE-Charta zur Verhütung und Bekämpfung des Terro- rismus sowie der auf dem Gipfeltreffen von Istanbul verabschiedeten Europäischen Sicherheits- charta und der laufenden Arbeiten an einer OSZE-Strategie gegen Bedrohungen von Sicherheit und Stabilität im einundzwanzigsten Jahrhundert,
unter Betonung der gestiegenen Bedeutung der internationalen Zusammenarbeit und des politi- schen Dialogs zwischen den Teilnehmerstaaten und mit anderen internationalen, regionalen und subregionalen Organisationen als Reaktion auf Bedrohungen für unsere gemeinsame Sicherheit,
in Anbetracht der Gefahr, die Konflikte in verschiedenen Regionen des OSZE-Gebiets für alle Teilnehmerstaaten bedeuten,
unter Hinweis auf den Beschluss Nr. 3 des Ministerrats von Bukarest über die Förderung der Rolle der OSZE als politisches Dialogforum,
in Anerkennung der Rolle des Forums für Sicherheitskooperation als das unter anderem für Ver- handlungen über Rüstungskontrolle, Abrüstung und Vertrauens- und Sicherheitsbildung sowie für die Beurteilung der Umsetzung vereinbarter Maßnahmen zuständige OSZE Gremium,
angesichts der Rolle des jährlichen Wirtschaftsforums und seiner Vorbereitungs- und Folgesemi- nare für die Überprüfung der OSZE-Aktivitäten in der ökonomischen und ökologischen Dimen- sion der Sicherheit,
unter Berücksichtigung der Rolle der Implementierungstreffen zur menschlichen Dimension, der Überprüfungskonferenzen, der zusätzlichen Treffen zur menschlichen Dimension und des jährli- chen Seminars zur menschlichen Dimension für die Überprüfung der Umsetzung der Verpflich- tungen in der menschlichen Dimension der Sicherheit,
unter Betonung der Notwendigkeit, das richtige Gleichgewicht zwischen den drei Dimensionen der OSZE herzustellen,
entschlossen, die Tätigkeit anderer OSZE-Gremien und -Institutionen, einschließlich des Jährli- chen Treffens zur Beurteilung der Durchführung, nicht zu duplizieren oder zu ersetzen, sondern sie zu ergänzen, beschließt, eine Jährliche Sicherheitsüberprüfungskonferenz einzurichten, deren Zweck und Modalitäten folgende sind:
I. Zweck
Die Konferenz soll einen Rahmen für die Intensivierung des Sicherheitsdialogs und für die Über- prüfung der Arbeit der OSZE und ihrer Teilnehmerstaaten im Sicherheitsbereich bieten, darunter: • Umsetzung einer OSZE-Strategie gegen Bedrohungen von Sicherheit und Stabilität im einund- zwanzigsten Jahrhundert; • Umsetzung der OSZE-Verpflichtungen im Rahmen der Terrorbekämpfung; • politisch-militärische Aspekte der Sicherheit; • Umsetzung der OSZE-Beschlüsse und -Aktivitäten im Bereich der Frühwarnung, der Konflikt- verhütung, des Krisenmanagements und der Konfliktnachsorge;
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• sicherheitsrelevante Aktivitäten in OSZE-Institutionen und -Feldeinsätzen; • polizeibezogene Aktivitäten der OSZE; • andere sicherheitsrelevante Fragen, einschließlich regionaler Fragen, mit denen sich die OSZE befasst.
Die Konferenz kann auch Gelegenheit zum Meinungsaustausch über Fragen betreffend Rüstungs- kontrolle und vertrauens- und sicherheitsbildende Maßnahmen, einschließlich des KSE-Vertrags und des Vertrags über den offenen Himmel, geben.
Ferner sollte die Konferenz auch den Informationsaustausch und die Zusammenarbeit mit ein- schlägigen internationalen und regionalen Organisationen und Institutionen fördern.
II. Modalitäten
Die Sicherheitsüberprüfungskonferenz tagt einmal jährlich in Wien, sofern nichts anderes beschlos- sen wird. Sie dauert 2 bis 3 Tage und findet jeweils vor der Sommerpause statt. Die Teilnehmer- staaten werden ermutigt, ihre Delegationen durch hochrangige Vertreter aus den Hauptstädten zu verstärken.
Den Vorsitz in der Konferenz führt ein Vertreter des Amtierenden Vorsitzes, gegebenenfalls unter Mitwirkung des Forums für Sicherheitskooperation.
Das Datum, die Tagesordnung und die Modalitäten der jeweiligen Konferenz werden alljährlich vom Ständigen Rat unter Berücksichtigung der Empfehlungen des Forums für Sicherheitskoope- ration beschlossen.
Die Konferenz kann Empfehlungen ausarbeiten, die dem Ständigen Rat und gegebenen-falls dem Forum für Sicherheitskooperation zur weiteren Prüfung vorgelegt werden.
Der Beitrag des Forums für Sicherheitskooperation zu dieser Konferenz wird sich nach dessen Ver- fahren, Mandat und Zuständigkeitsbereich richten.
Der Ständige Rat wird die jeweils zuständigen Beamten der OSZE-Gremien und -Institutionen einladen, der Konferenz über ihre die Sicherheit betreffenden Aktivitäten und über Bereiche, in denen weiterer Handlungsbedarf besteht, Bericht zu erstatten. Der Ständige Rat legt fest, welche einschlägigen internationalen und regionalen Organisationen und Institutionen zur Teilnahme eingeladen werden.
Für die Jährliche Sicherheitsüberprüfungskonferenz gelten die etablierten OSZE-Verfahrensregeln.
Beschluss Nr. 6
Toleranz und Nichtdiskriminierung
Der Ministerrat,
unter Hinweis auf die Grundsätze der Menschenrechte und die dem Menschen innewohnende Würde, Gedanken-, Gewissens-, Religions- oder Überzeugungsfreiheit, die den allgemeinen Bestim- mungen der Verpflichtungen in der menschlichen Dimension der OSZE zugrunde liegen,
197 Porto 2002
unter Hinweis auf die Europäische Sicherheitscharta des Gipfeltreffens von Istanbul 1999, in der das uneingeschränkte Bekenntnis zur Charta der Vereinten Nationen sowie zur Schlussakte von Helsinki, zur Charta von Paris und zu allen anderen OSZE-Dokumenten bekräftigt wird,
unter Hinweis auf den vom Ministerrat bei seinem Neunten Treffen in Bukarest verabschiedeten Beschluss Nr. 5, in dem die nach wie vor bestehende Besorgnis über Äußerungen von aggressivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit, Antisemitismus und gewalttäti- gem Extremismus, wo immer diese auftreten, zum Ausdruck gebracht wurde,
erneut darauf hinweisend, dass die Demokratie und der Schutz der Menschenrechte und Grund- freiheiten wesentliche Garanten für Toleranz und Nichtdiskriminierung sind und wichtige Fak- toren für die Stabilität, Sicherheit, Zusammenarbeit und friedliche Entwicklung in der gesamten OSZE-Region darstellen und dass Toleranz und Nichtdiskriminierung daher wichtige Elemente in der Förderung der Menschenrechte sind,
in Bekräftigung des international anerkannten Verbots der Diskriminierung, ohne irgendeine nachteilige Unterscheidung, wie etwa nach Rasse, Hautfarbe, Geschlecht, Sprache, Religion oder Überzeugung, politischer und sonstiger Anschauung, nationaler oder sozialer Herkunft, nach Eigentum, Geburt oder sonstigen Umständen,
unter Hinweis auf die fortlaufende Arbeit der OSZE-Strukturen und -Institutionen im Bereich der Förderung der Menschenrechte, der Toleranz, der Nichtdiskriminierung und der multikulturellen Gesellschaft, insbesondere durch die Treffen, Aktivitäten, Projekte und Programme im Rahmen der menschlichen Dimension, einschließlich jener der Teilnehmerstaaten,
unter Betonung der positiven Rolle des multikulturellen und interreligiösen Dialogs bei der Her- beiführung eines besseren Verständnisses zwischen Nationen und Völkern,
in der Erkenntnis, dass die Förderung von Toleranz und Nichtdiskriminierung auch dazu beitra- gen kann, Verhetzung und aggressivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeind- lichkeit, Antisemitismus und gewalttätigem Extremismus den Boden zu entziehen,
in Anerkennung der Verantwortung der Teilnehmerstaaten für die Förderung von Toleranz und Nichtdiskriminierung,
1.(a) verurteilt aufs Schärfste alle Äußerungen von aggressivem Nationalismus, Rassismus, Chau- vinismus, Fremdenfeindlichkeit, Antisemitismus und gewalttätigem Extremismus sowie Verhet- zung und Fälle von Diskriminierung aufgrund der Religion oder der Überzeugung; (b) verpflichtet sich, den multikulturellen, interethnischen und interreligiösen Dialog weiter zu fördern, wobei die Regierungen und die Zivilgesellschaft ermutigt werden, sich an diesem Dia- log aktiv zu beteiligen; (c) verpflichtet sich ferner, die Rechte der Angehörigen nationaler Minderheiten weiter zu fördern;
2. beschließt, mit Hilfe der OSZE-Institutionen und in Zusammenarbeit mit einschlägigen inter- nationalen Organisationen und der Zivilgesellschaft die Bemühungen um Aufrechterhaltung und Stärkung von Toleranz und Nichtdiskriminierung etwa durch Austausch von Informationen und bewährten Praktiken zu intensivieren;
3. ruft die Teilnehmerstaaten, die dies noch nicht getan haben, dazu auf, die Ratifikation der inter- nationalen Vertragswerke, die sich mit dem Problem der Diskriminierung befassen, in Erwägung
198 Porto 2002
zu ziehen, und ruft dazu auf, den darin eingegangenen Verpflichtungen in vollem Umfang nach- zukommen;
4. verpflichtet sich, auf nationaler, regionaler und lokaler Ebene geeignete Maßnahmen im Ein- klang mit der jeweiligen Verfassungsordnung zu ergreifen, um Toleranz und Nichtdiskriminierung zu fördern sowie Vorurteilen und irrigen Vorstellungen insbesondere in der Bildung, der Kultur und dem Informationswesen entgegenzutreten;
5. verurteilt insbesondere Diskriminierung aus religiösen Gründen und verpflichtet sich, sich dafür einzusetzen, dass Angriffe auf jegliche religiöse Gruppe, sei es auf Personen, Andachtsorte oder religiöse Objekte, verhindert werden und dass Schutz vor solchen Angriffen geboten wird;
6. verurteilt insbesondere die in letzter Zeit zu beobachtende Zunahme antisemitischer Zwischen- fälle im OSZE-Gebiet, verbunden mit der Feststellung, dass das Vorhandensein von Antisemitis- mus in der Geschichte immer wieder eine große Gefahr für die Freiheit dargestellt hat;
7. verurteilt ferner die in letzter Zeit zu beobachtende Zunahme von Diskriminierung und Gewalt- taten gegen Muslime im OSZE-Gebiet und lehnt die Gleichsetzung von Terrorismus und Extre- mismus mit einer bestimmten Religion oder Kultur schärfstens ab;
8. beschließt, in der Öffentlichkeit entschieden gegen Verhetzung und andere Äußerungen von aggressivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit, Antisemitismus und gewalttätigem Extremismus sowie gegen Fälle von Diskriminierung aufgrund der Religion oder der Überzeugung aufzutreten;
9. ruft die maßgeblichen Stellen der Teilnehmerstaaten dazu auf, Gewalttaten – insbesondere wenn der begründete Verdacht besteht, dass sie durch aggressiven Nationalismus, Rassismus, Chauvi- nismus, Fremdenfeindlichkeit, Antisemitismus und gewalttätigen Extremismus motiviert waren, – sowie Übergriffe, die aus Hass gegen eine bestimmte Religion oder Überzeugung begangen wurden, rasch und unvoreingenommen zu untersuchen und die Verantwortlichen entsprechend dem innerstaatlichen Recht und im Einklang mit den einschlägigen Menschenrechtsnormen vor Gericht zu stellen;
10. beauftragt den Ständigen Rat, die weitere Stärkung der Kontaktstelle für Fragen der Roma und Sinti im Büro für demokratische Institutionen und Menschenrechte (BDIMR) in Erwägung zu ziehen;
11. fordert die Abhaltung eigener Veranstaltungen im Rahmen der menschlichen Dimension zu den in diesem Beschluss angesprochenen Fragen, einschließlich der Themen Antisemitismus, Dis- kriminierung, Rassismus, und Fremdenfeindlichkeit;
12. beauftragt den Amtierenden Vorsitzenden und den Ständigen Rat, in enger Zusammenarbeit mit dem BDIMR, dem Hohen Kommissar für nationale Minderheiten und dem Beauftragten für Medienfreiheit für effiziente Maßnahmen im Anschluss an diesen Beschluss zu sorgen, und zwar durch verstärkte Inanspruchnahme des bereits vorhandenen Instrumentariums der OSZE, ein- schließlich der jährlichen Treffen und Seminare zur menschlichen Dimension.
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Beschluss Nr. 7
Verpflichtungen betreffend Wahlen
Der Ministerrat,
unter Hinweis auf die Bestimmungen des Dokuments 1990 des Kopenhagener Treffens der Kon- ferenz über die menschliche Dimension der OSZE,
feststellend, dass die in der Gipfelerklärung von Lissabon 1996, in der Gipfelerklärung von Istan- bul 1999 und in der Erklärung des Ministerrats von Bukarest 2001 enthaltenen zusätzlichen Ver- pflichtungen diese Bestimmungen ergänzen,
in Bekräftigung seiner Entschlossenheit, diese Verpflichtungen umzusetzen,
in der Erkenntnis, dass demokratische Wahlen nach den verschiedensten Wahlsystemen durch- geführt werden können,
in Anerkennung der Kompetenz des BDIMR im Zusammenhang mit der Unterstützung von Teil- nehmerstaaten bei der Umsetzung von Verpflichtungen in Bezug auf Wahlen,
unter Berücksichtigung des PC-Beschlusses Nr. 509 über „Internationale Standards und Verpflich- tungen: Ein praktischer Leitfaden zu bewährten Praktiken bei demokratischen Wahlen“,
fordert die Teilnehmerstaaten auf, verstärkt auf die vom BDIMR nach Wahlbeobachtungen abge- gebenen Empfehlungen zu reagieren,
beauftragt den Ständigen Rat, Überlegungen darüber anzustellen, ob es notwendig ist, zusätzli- che Verpflichtungen in Bezug auf Wahlen im Geiste der verstärkten Zusammenarbeit mit anderen internationalen Organisationen sowie zwischen den Teilnehmerstaaten auszuarbeiten, und dem nächsten Treffen des Ministerrats Bericht zu erstatten.
200 Dokument des elften Treffens des Ministerrats Maastricht 2003
I. OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert
1. Das sich wandelnde Sicherheitsumfeld im beginnenden einundzwanzigsten Jahrhundert schafft neue Herausforderungen für alle, auch für die OSZE. Die OSZE wird sich diesen Herausforderun- gen stellen, gestützt auf ihre besonderen Stärken – ihren breiten Mitgliederkreis von Nordamerika über Europa bis zu Teilen Asiens und ihr mehrdimensionales Konzept der gemeinsamen, umfas- senden, kooperativen und unteilbaren Sicherheit. Die Organisation steht unverändert zu einem freien, demokratischen und zusammenwachsenden OSZE-Gebiet ohne Trennlinien.
2. Die Achtung und Einhaltung des Völkerrechts und der Grundsätze der Charta der Vereinten Nationen stehen weiterhin im Mittelpunkt der Bemühungen um die Verhütung und Bekämpfung von Bedrohungen der Sicherheit und Stabilität. Der Sicherheitsrat der Vereinten Nationen trägt die Hauptverantwortung für die Aufrechterhaltung des Weltfriedens und der internationalen Sicher- heit und spielt durch seine Beiträge zur Sicherheit und Stabilität in der OSZE-Region nach wie vor eine entscheidende Rolle. Die Einhaltung der OSZE-Normen, -Prinzipien und -Verpflichtun- gen, beginnend mit der Schlussakte von Helsinki, fügt sich als untrennbarer Bestandteil in die- sen Rahmen. Diese Strategie verfolgt das Ziel, zu einem in sich geschlosseneren und wirksameren internationalen System beizutragen, mit dessen Hilfe auf globale Bedrohungen und Herausforde- rungen reagiert werden kann.
Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert
3. Die OSZE trug entscheidend dazu bei, dass gegen Ende des zwanzigsten Jahrhunderts in der gesamten OSZE-Region der Weg zu Sicherheit und Stabilität geebnet wurde, und sie leistete einen Beitrag zu den wichtigen demokratischen Transformationsprozessen im OSZE-Gebiet. Zusammen- arbeit ist an die Stelle der einstigen Konfrontation getreten. Eine Gefährdung der Sicherheit und Stabilität in der OSZE-Region geht heute eher von den negativen und destabilisierenden Folgen von Entwicklungen aus, die quer über die politisch-militärische, die ökonomische und ökologische und die menschliche Dimension verlaufen, als von schweren bewaffneten Konflikten. Gleichzeitig dau- ern im OSZE-Gebiet ungelöste Konflikte an, die schon seit längerem Anlass zu großer Besorgnis geben. Es ist nach wie vor dringend geboten, diese Konflikte auf dem Verhandlungsweg zu lösen.
4. Die Achtung der Menschenrechte und Grundfreiheiten, der Demokratie und Rechtsstaatlichkeit ist der Grundpfeiler des umfassenden Sicherheitskonzepts der OSZE. Starke demokratische Institu- tionen und Rechtsstaatlichkeit tragen wesentlich dazu bei, dass Bedrohungen erst gar nicht entste- hen. Mängel in der Regierungsführung und Versäumnisse der Staaten in Bezug auf die Schaffung geeigneter und funktionierender demokratischer Institutionen, die für Stabilität sorgen, können an sich schon den Nährboden für eine Vielzahl von Bedrohungen bilden. Ebenso können systematische
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Verletzungen der Menschenrechte und Grundfreiheiten, einschließlich der Rechte von Angehöri- gen nationaler Minderheiten, eine ganze Reihe potenzieller Bedrohungen entstehen lassen.
5. Auch sozioökonomische und ökologische Faktoren können sich nachteilig auf die Sicherheit und Stabilität auswirken. Globalisierung, Liberalisierung und technische Neuerungen bieten neue Chan- cen für den Handel, das Wachstum und die Entwicklung, doch kommen sie nicht allen Teilneh- merstaaten gleichermaßen zugute, was in manchen Fällen dazu führte, dass das Wirtschaftsgefälle zwischen unseren Ländern und auch innerhalb der Länder größer wurde. Wohin die Globalisierung letztendlich führt, hängt davon ab, welchen politischen Weg unsere Regierungen und internatio- nalen Institutionen einschlagen und welche Antworten die Privatwirtschaft und die Zivilgesell- schaft finden. Auch Umweltschäden geben zunehmend Anlass zu Besorgnis. Weitere potenzielle Sicherheitsgefahren sind in demografischen Faktoren und in der weit verbreiteten Verschlechte- rung des Gesundheitszustands der Bevölkerung zu sehen.
6. Das Fehlen von Offenheit und Transparenz in politisch-militärischen Angelegenheiten kann schwerwiegende negative Konsequenzen haben. Wenn bestehende Vereinbarungen und Instrumente betreffend Rüstungskontrolle, Abrüstung, Nichtverbreitung sowie vertrauens- und sicherheits- bildende Maßnahmen nicht vollständig und rechtzeitig befolgt werden, kann dies die allgemeine Sicherheitslage erheblich beeinträchtigen.
7. Bedrohungen können auch aus Handlungen von Terroristen und anderen kriminellen Grup- pen entstehen. Die Terroranschläge der letzten Jahre haben die wachsende Gefahr, die von sol- chen Bedrohungen ausgeht, deutlich vor Augen geführt und gezeigt, dass der Verhütung und Bekämpfung dieser Erscheinungen Priorität einzuräumen ist. Außerdem haben Bedrohungen ihren Ursprung oft nicht in einem einzigen, sondern in mehreren Staaten. Sie wirken sich auf die Sicherheit aller Staaten im OSZE-Gebiet und auf die Stabilität unserer Gesellschaften aus. Gleich- zeitig ist die OSZE-Region in zunehmendem Maße Bedrohungen von außen ausgesetzt, ebenso wie sich Entwicklungen in unserer eigenen Region auf benachbarte Gebiete auswirken können.
8. Vor diesem Hintergrund wird deutlich, dass das umfassende Sicherheitskonzept der OSZE, dass die politisch-militärische, die ökonomische und ökologische und die menschliche Dimension umfasst, nach wie vor volle Gültigkeit besitzt und beibehalten sowie weiter verstärkt werden sollte. Unsere Analyse des Bedrohungsszenarios ließ eine Reihe diesbezüglicher Fragen erkennen, denen wir auf der Suche nach einer deutlicheren Antwort besondere Aufmerksamkeit schenken müssen.
9. Bedrohungen, die von zwischenstaatlichen und innerstaatlichen Konfliktenausgehen, sind nach wie vor die Hauptkategorie von Bedrohungen, denen die Teilnehmerstaaten und deren Bürger aus- gesetzt sind. Solche Konflikte können unabhängig davon, wo sie ausbrechen, auch benachbarte Gebiete erfassen und Instabilität und andere Arten von Bedrohungen entstehen lassen, etwa Ter- rorismus, die Verbreitung von Massenvernichtungswaffen, die übermäßige und destabilisierende Anhäufung und unkontrollierte Verbreitung von Kleinwaffen und leichten Waffen (SALW), Men- schenrechtsverletzungen, Massenvertreibungen, die Verschlechterung der sozioökonomischen Lage und illegale Migration. Verstöße gegen das Völkerrecht und gegen OSZE-Normen und -Prin- zipien stehen neben einer Reihe von Faktoren in der politisch-militärischen, der ökonomischen und ökologischen und der menschlichen Dimension hinter den unmittelbaren Ursachen gewalt- tätiger Konflikte.
10. Terrorismusist eine der Hauptursachen von Instabilität im derzeitigen Sicherheitsumfeld. Er zielt auf die Aushöhlung der Werte, die die Teilnehmerstaaten im OSZE-Gebiet verbinden. Der Terrorismus ist und bleibt eine der größten Herausforderungen für Frieden und Stabilität und die Staatsmacht, insbesondere deshalb, weil er in der Lage ist, asymmetrische Methoden zur Umgehung
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traditioneller Sicherheits- und Verteidigungssysteme anzuwenden. Für Terrorismus gibt es keine wie auch immer geartete Rechtfertigung. Gleichzeitig erfordert der Terrorismus ein weltweites Vorgehen, wobei sowohl auf seine Manifestationen als auch auf das soziale, wirtschaftliche und politische Umfeld, in dem er entsteht, einzugehen ist.
11. Globalisierung und technischer Fortschritt haben den Umfang und das Ausmaß der Bedro- hungen, die von der organisierten Kriminalität ausgehen, erhöht. Man kann sogar sagen, dass die organisierte Kriminalität sowohl hinsichtlich der Täter als auch der Methoden vielfach parallel zum Terrorismus auftritt. Das Schlepperunwesen und der Menschenhandel, der illegale Handel mit Suchtstoffen, Kleinwaffen und leichten Waffen sowie mit sensiblen Stoffen und Technologien sind weitere kriminelle Betätigungsfelder, die sowohl innerhalb als auch außerhalb des OSZE-Gebiets zu einer Gefahr für Stabilität und Sicherheit werden können. Offene Grenzen und der freie Perso- nen- und Güterverkehr fördern die internationale Zusammenarbeit, haben aber zunehmend auch ihre Schattenseiten, unter anderem in Form der illegalen Migration.
12. Durch Diskriminierung und Intoleranz motivierte Handlungen gefährden die Sicherheit des Einzelnen und können Konflikte und Gewalt in größerem Maßstab auslösen. Sie können ihre Ursache in ethnischen und religiösen Spannungen, aggressivem Nationalismus, Chauvinismus und Fremdenfeindlichkeit haben, aber auch in Rassismus, Antisemitismus und gewalttätigem Extremismus sowie in der Missachtung der Rechte von Angehörigen nationaler Minderheiten.
13. Die Mobilität von Migrantengruppen und das Entstehen von Gesellschaften, in denen viele Kulturen nebeneinander bestehen, in allen Teilen der OSZE-Region stellen wachsende Chancen wie auch Herausforderungen dar. Die Stabilität kann auch gefährdet sein, wenn die gesellschaftli- che Integration versäumt wird und wenn nicht jedes einzelne Mitglied der Gesellschaft die Rechte aller achtet.
14. Die Vertiefung der wirtschaftlichen und gesellschaftlichen Kluft, das Fehlen von Rechtsstaatlich- keit, unzulängliche Regierungs- und Unternehmensführung, Korruption, weit verbreitete Armut und hohe Arbeitslosigkeit zählen zu den wirtschaftlichenFaktoren, die die Stabilität und Sicherheit bedrohen. Auf diesem Nährboden können andere Bedrohungen gedeihen. Umweltschäden, Raub- bau an natürlichen Ressourcen, Misswirtschaft in der Abfallbeseitigung sowie Umweltverschmut- zung schädigen Ökosysteme und beeinträchtigen nachhaltig die Gesundheit, das Wohlergehen, die Stabilität und die Sicherheit von Staaten. Auch Umweltkatastrophen können derartige Folgen haben. Probleme in der staatlichen Verwaltung im Zusammenhang mit diesen Faktoren haben unmittelbare negative Auswirkungen und verringern gleichzeitig die Fähigkeit, eine nachhaltige wirtschaftliche und soziale Entwicklung zu gewährleisten und sich ökonomischen und ökologi- schen Herausforderungen und Bedrohungen für die Sicherheit und Stabilität erfolgreich zu stellen.
15. Viele Bedrohungen politisch-militärischer Art, einschließlich jener, die in bestehenden OSZE- Dokumenten angesprochen werden, etwa die destabilisierende Anhäufung konventioneller Waffen, illegaler Waffentransfer und die Verbreitung von Massenvernichtungswaffen, geben den OSZE- Teilnehmerstaaten nach wie vor Anlass zu großer Besorgnis. Unter den Bedrohungen, die sich ent- weder in ihrem Wesen bzw. ihren Auswirkungen geändert haben oder überhaupt neu entstanden sind, erfordert die Androhung von Waffengewalt durch Terroristen und andere kriminelle Grup- pen besondere Aufmerksamkeit. Gleichermaßen ist auf Gefahren zu achten, die sich aus bewaff- neten Konflikten neuer Art ergeben können.
16. In einem im Wandel befindlichen Sicherheitsumfeld treten immer wieder neue Bedrohungen auf, von denen nicht alle vorhersehbar sind. Der von der OSZE gebotene Rahmen für einen unun- terbrochenen politischen Dialog, insbesondere die Jährliche Sicherheitsüberprüfungskonferenz,
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wird dazu beitragen, neu entstehende Bedrohungen zu erkennen und zu analysieren und auf sie zu reagieren.
Die Reaktion der OSZE
17. Die Reaktion der OSZE wird mehrdimensional sein und nicht im luftleeren Raum stattfinden. Die Organisation wird auf ihre einzigartigen Stärken, ihr Wissen und ihre Fähigkeiten bauen und einen wirksamen Rahmen für die Zusammenarbeit mit anderen internationalen Akteuren bie- ten, um auf Bedrohungen in einer koordinierten und komplementären Weise einzugehen, bei der Arbeitsüberschneidungen vermieden werden und zielgerichtet vorgegangen wird. Die Europäische Sicherheitscharta samt der darin enthaltenen Plattform für kooperative Sicherheit wurde 1999 in Istanbul verabschiedet, um die Sicherheit und Stabilität in der Region zu stärken und die operati- ven Fähigkeiten in einer umgestalteten OSZE, die beispiellosen Herausforderungen gerecht wird, zu verbessern. Sie hat nach wie vor volle Gültigkeit.
18. Für die Sicherheit der Bürger sind in erster Linie die einzelnen Teilnehmerstaaten verantwort- lich. Sie schulden ihren Bürgern Rechenschaft und haben gegenüber den anderen Teilnehmerstaa- ten für die Umsetzung ihrer OSZE-Verpflichtungen einzustehen. Die OSZE ist bereit, Hilfe und Beratung anzubieten und die diesbezügliche Zusammenarbeit zwischen den Teilnehmerstaaten zu fördern. Die Zusammenarbeit zwischen den Teilnehmerstaaten im Geiste der Solidarität, der Partnerschaft und der Transparenz ist eine grundlegende Voraussetzung für die Sicherheit im OSZE-Gebiet, sollte im Interesse aller stehen und von gegenseitiger Achtung getragen sein. Jeder Teilnehmerstaat hat gleichermaßen das Recht auf Sicherheit.
19. Die OSZE ist ein Forum für den politischen Dialog und den Sicherheitsdialog, für die Festle- gung einvernehmlich beschlossener und politisch bindender Normen und Prinzipien und für die Förderung ihrer Umsetzung. Der Ständige Rat und das Forum für Sicherheitskooperation (FSK) spielen dabei im Rahmen ihrer Zuständigkeiten und ihres Mandats eine zentrale Rolle. Diese wird weiter gestärkt werden, und der Prozess der politischen Konsultation und der Transparenz in der Organisation wird verbessert werden. Durch den Dialog und die ihm zugrunde liegenden Normen und Standards soll bewirkt werden, dass Bedrohungen erst gar nicht entstehen. Dadurch soll auch auf die Entwicklung demokratischer Institutionen und offener Gesellschaften hingewirkt werden, die in der Lage sind, effizienter und kooperativer auf sich abzeichnende Bedrohungen einzugehen.
20. Die OSZE wird in ihrer gesamten Region wie bisher eine aktive Kraft sein und sich dabei voll und ganz auf ihre Institutionen – das Büro für demokratische Institutionen und Menschenrechte (BDIMR), den Hohen Kommissar für nationale Minderheiten (HKNM) und den Beauftragten für Medienfreiheit -, ihre Feldeinsätze und ihr Sekretariat stützen. Diese sind wichtig für die Unterstüt- zung aller Teilnehmerstaaten bei der Umsetzung ihrer Verpflichtungen, einschließlich der Achtung der Menschenrechte, der Demokratie und der Rechtsstaatlichkeit. In allen einschlägigen Aktivi- täten wird aktiv nach Möglichkeiten gesucht werden, die Zusammenarbeit mit der Parlamentari- schen Versammlung und über sie mit den nationalen Parlamenten zu stärken.
21. In Anerkennung der bedeutenden Beiträge der Institutionen und Feldeinsätze zur Verwirkli- chung der Ziele und Prinzipien der Organisation erwägt die OSZE Mittel und Wege zur weiteren Verbesserung der Funktionsweise und Wirksamkeit der Feldeinsätze und bei Bedarf zur Entwick- lung neuer Instrumente.
22. Die Fähigkeit der OSZE, Bedrohungen zu erkennen, zu analysieren und abgestimmt gegen sie vorzugehen, muss weiter konsolidiert werden. Größerer Aufmerksamkeit bedarf die Frühwarn- funktion des Sekretariats, der Institutionen und der Feldeinsätze, und im Anschluss an eine erfolgte
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Frühwarnung sollte es zu entschlosseneren Maßnahmen kommen. Spezielle Mechanismen für die Frühwarnung und die friedliche Beilegung von Konflikten sowie das Instrument der „Schnellen Einsatzgruppen für Expertenhilfe und Kooperation“ (REACT) stehen der OSZE nach wie vor zur Verfügung. Die Tätigkeit der Parlamentarischen Versammlung der OSZE in Sachen Frühwarnung und Konfliktverhütung ist ein wertvoller Beitrag zu diesen Bemühungen.
23. Da Bedrohungen, die von benachbarten Regionen ausgehen oder dort ein größeres Ausmaß annehmen, von zunehmender Bedeutung sind, wird die OSZE ihre Zusammenarbeit mit ihren Kooperationspartnern im Mittelmeerraum und in Asien intensivieren, indem sie beizeiten Berei- che gemeinsamer Interessen und Anliegen und Möglichkeiten für ein weiteres abgestimmtes Vor- gehen aufzeigt. Wir werden sie ermutigen, freiwillig die Prinzipien und Verpflichtungen der OSZE umzusetzen, und werden mit ihnen dabei nach Bedarf zusammenarbeiten. Als ersten Schritt in Richtung eines verstärkten Dialogs werden wir alle unsere Kooperationspartner einladen, öfter als bisher als Beobachter an Sitzungen des Ständigen Rates und des FSK teilzunehmen. Die OSZE wird ferner prüfen, auf welche Weise die OSZE-Normen, -Prinzipien, -Verpflichtungen und -Werte anderen Regionen, insbesondere benachbarten Gebieten, vermittelt werden können. Die Kontakte zu Organisationen in diesen Gebieten sollen weiter ausgebaut werden. (…)
27. Konfliktverhütung und Konfliktnachsorge verlangen von der Organisation, in enger Zusam- menarbeit mit den Teilnehmerstaaten, große Anstrengungen im Hinblick auf die Förderung und Unterstützung des Aufbaus demokratischer Institutionen und der Rechtsstaatlichkeit, unter anderem durch Hilfe beim Aufbau von Kapazitäten und bei der Stärkung der Behörden auf allen Ebenen und von parlamentarischen Strukturen, einer unabhängigen Justiz sowie freier Zivilge- sellschaften und der Medien.
Auseinandersetzung mit Terrorismus und Bedrohungen durch andere kriminelle Aktivitäten
Terrorismus
28. Die UN-Konventionen und -Protokolle und die Resolutionen des UN-Sicherheitsrats bilden den weltweit gültigen rechtlichen Rahmen für die Bekämpfung des Terrorismus. Zu deren Unterstüt- zung hat die OSZE in den Jahren 2001 und 2002 im Wege von Beschlüssen eine Struktur geschaf- fen, die es den Teilnehmerstaaten und der Organisation ermöglicht, mit hoher Priorität umfassende Maßnahmen zu ergreifen, um gegen die vom Terrorismus aus-gehenden Gefahren, seine Erschei- nungsformen und die Bedingungen, die ihn begünstigen und am Leben erhalten, vorzugehen. Ein operativer Teil dieses Rahmens ist die Gruppe Terrorismusbekämpfung im OSZE-Sekretariat.
29. Die OSZE-Aktivitäten zur Bekämpfung des Terrorismus beziehen sich unter anderem auf die Sicherung und den Schutz der Grenzen, die Polizeiarbeit, die Bekämpfung des Menschenhandels und die Unterbindung der Finanzierung des Terrorismus. Besondere Aufmerksamkeit wird dem Aufbau von Kapazitäten und anderen Hilfestellungen im Bereich der Terrorismusbekämpfung gel- ten. Die Umsetzung wirksamer Maßnahmen gegen den Terrorismus in vollem Einklang mit der Rechtsstaatlichkeit und dem Völkerrecht, einschließlich menschenrechtlicher Bestimmungen, ist eine große Herausforderung, auf die ebenfalls einzugehen ist. Dazu gehört, dass Terroristen keine Zuflucht geboten wird und dass Bedingungen entgegengewirkt wird, unter denen es Terroristen gelingt, um Unterstützung zu werben und diese zu erhalten. Diese Maßnahmen zielen auch darauf ab, Terroristen am Aufbau ihrer Kapazitäten zu hindern, indem unter anderem verhindert wird, dass sie Zugang zu SALW und anderen konventionellen Waffen sowie zu Massenvernichtungswaffen
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und den dazugehörigen Technologien erhalten. Im Wege von gemeinsamen Tagungen, Kontakten auf allen Ebenen und speziellen Programmen und Projekten soll es zu einem engen Zusammen- wirken mit anderen einschlägigen internationalen Organisationen und Organen kommen, insbe- sondere mit dem Ausschuss des UN-Sicherheitsrats zur Bekämpfung des Terrorismus (UNCTC) und dem UN-Büro für Drogen- und Verbrechensbekämpfung (UNODC).
30. Die OSZE hat ferner beschlossen, ein Antiterrornetzwerk einzurichten, um die Koordination der Antiterrormaßnahmen zu stärken, den Informationsaustausch zwischen OSZETeilnehmers- taaten zu fördern und die Arbeit des UNCTC an der Umsetzung der Sicherheitsratsresolution 1373 zu unterstützen und zu ergänzen.
Bedrohungen durch andere kriminelle Aktivitäten
31. Die OSZE wird verstärkt gegen die organisierte Kriminalität vorgehen. Regelmäßige Treffen von Polizeiexperten aus OSZE-Teilnehmerstaaten und Vertretern anderer einschlägiger interna- tionaler Fachorganisationen und regionaler Organisationen würden dazu einen wichtigen Beitrag leisten. Insbesondere wird sich die OSZE verstärkt der wachsenden Gefahr des Menschenhandels widmen. Ein Aktionsplan der OSZE zur Bekämpfung des Menschenhandels wurde verabschie- det. Das SALW-Dokument der OSZE ist und bleibt ein wichtiges Instrument zur Bekämpfung des illegalen Handels mit SALW und ihrer Verbreitung in allen Aspekten. Seine Umsetzung soll vor- angetrieben werden. Die OSZE wird sich im Verein mit dem UNODC weiterhin mit der Frage des illegalen Suchtstoffverkehrs auseinander setzen. In Bezug auf diese Frage muss ein wirksamer und umfassender internationaler Ansatz gefunden werden.
32. Die Gruppe Strategische Polizeiangelegenheiten wurde eingerichtet, um die Teilnehmerstaa- ten besser in die Lage zu versetzen, auf Bedrohungen durch kriminelle Aktivitäten einzugehen, und sie bei der Befolgung rechtsstaatlicher Grundsätze zu unterstützen. Wesentliche Bestandteile der Polizeiarbeit, unter anderem die Achtung der Menschenrechte und Grundfreiheiten, sollen dadurch stärker verankert werden. Die OSZE wird auf Ersuchen von Teilnehmerstaaten Behörden, auch jene auf lokaler Ebene, bei der Bekämpfung der Kriminalität und krimineller Netzwerke ver- stärkt unterstützen und Kernkompetenzen der polizeilichen Tätigkeit wie Schulungsmaßnahmen und Kapazitätenaufbau definieren und entwickeln.
33. Die OSZE wird sich intensiver mit der Frage des Schlepperunwesens und der illegalen Migra- tion auseinander setzen.
34. Um Korruption in all ihren Formen zu verhindern und zu bekämpfen, ist ein umfassender und mehrdimensionaler Ansatz erforderlich. Die OSZE wird in enger Zusammenarbeit mit dem UNODC und anderen einschlägigen internationalen Organisationen und Finanzinstitutionen zur Verringerung der Korruption in der gesamten OSZE-Region beitragen.
35. Bedrohungen Terrorismus und organisierte Kriminalität sind oft miteinander verflochten, wes- halb weiter nach Synergieeffekten bei ihrer Bekämpfung gesucht wird. Die Bewegung von Personen, Ressourcen und Waffen über Grenzen hinweg und Schmuggel zum Zweck der Finanzierung und logistischen Unterstützung spielen in den terroristischen Aktivitäten eine immer größere Rolle. Die OSZE ist entschlossen, diese Probleme anzugehen und ihre Fähigkeiten zur Förderung offe- ner und sicherer Grenzen unter anderem durch Ausarbeitung eines OSZE-Konzepts für Grenz- sicherung und Grenzschutz zu stärken, um den Aufbau von Kapazitäten und eine für alle Seiten vorteilhafte Zusammenarbeit zwischen den Staaten zu ermöglichen.
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Auseinandersetzung mit Bedrohungen durch Diskriminierung und Intoleranz
36. Diskriminierung und Intoleranz zählen zu den Faktoren, die sicherheits- und stabilitätsge- fährdende Konflikte auslösen können. Ausgehend von ihren Verpflichtungen in der menschli- chen Dimension ist die OSZE bemüht, in ihrer gesamten Region die Schaffung von Bedingungen zu fördern, unter denen alle unter dem Schutz wirksamer demokratischer Institutionen, ordentli- cher Gerichte und rechtsstaatlicher Grundsätze ihre Menschenrechte und Grundfreiheiten unein- geschränkt in Anspruch nehmen können. Dazu gehören ein sicheres Umfeld und Institutionen, in deren Rahmen sich ein friedlicher Diskurs entwickeln und jedes Mitglied der Gesellschaft ebenso wie jede Gruppe seine/ihre Interessen vertreten kann. Die Zivilgesellschaft spielt dabei eine wich- tige Rolle, und die OSZE wird weiterhin Organisationen der Zivilgesellschaft unterstützen und zu deren Stärkung beitragen.
37. Die Teilnehmerstaaten, die OSZE-Organe und -Institutionen, das Sekretariat und viele OSZE- Feldeinsätze engagieren sich gegen Bedrohungen durch Diskriminierung und Intoleranz, ein- schließlich jener, die aus religiösen und ethnischen Spannungen im Verein mit gewalttätigem Extremismus entstehen. Ihnen kommt auch eine wichtige Frühwarnfunktion zu. Das jährliche Implementierungstreffen zu Fragen der menschlichen Dimension und andere Veranstaltungen in der menschlichen Dimension bieten Gelegenheit, Bedrohungen durch Diskriminierung und Intoleranz zu erörtern und mögliche Maßnahmen gegen diese Bedrohungen zu empfehlen. Unter uneingeschränkter Achtung des Rechts auf freie Meinungsäußerung wird die OSZE danach stre- ben, Hassdelikte, die durch rassistische, fremdenfeindliche und antisemitische Propaganda im Internet ausgelöst werden können, zu bekämpfen.
38. Die Teilnehmerstaaten und die OSZE-Organe und -Institutionen sehen es als ihre Pflicht an, verstärkt gegen Bedrohungen vorzugehen, die mit Diskriminierung und Intoleranz im Zusam- menhang stehen. Harmonische Beziehungen zwischen ethnischen, religiösen, sprachlichen und anderen Gruppen und die Rechte der Angehörigen nationaler Minderheiten sollen ebenso aktiv gefördert werden wie die Schaffung von Chancengleichheit für Frauen und Männer. Der Gewalt, der Intoleranz, dem Extremismus und der Diskriminierung dieser Gruppen, einschließlich Wan- derarbeitnehmern, Asylsuchenden und anderen Immigranten, muss entgegengetreten werden, und die dafür Verantwortlichen müssen zur Rechenschaft gezogen werden. Gleichzeitig muss sicher- gestellt sein, dass die Angehörigen dieser Gruppen die Rechtsstaatlichkeit, die demokratischen Werte und die Freiheiten des Einzelnen achten.
39. In diesem Zusammenhang ist sich die OSZE der besonders schwierigen Lage der Roma und Sinti sowie der Notwendigkeit bewusst, wirksame Maßnahmen zu ergreifen, um deren Diskrimi- nierung ein Ende zu bereiten und für eine mit den OSZE-Verpflichtungen im Einklang stehende Chancengleichheit zu sorgen. Zu diesem Zweck hat die OSZE einen Aktionsplan zur Verbesse- rung der Lage der Roma und Sinti im OSZE-Gebiet verabschiedet.
40. Eine besondere Zielgruppe der OSZE wird die jüngere Generation sein, deren Verständnis für die nötige Toleranz und die Bedeutung der Aussöhnung und der friedlichen Koexistenz geweckt werden soll. Ihre Zukunftsaussichten sind ein maßgeblicher Faktor. Die OSZE wird daher gege- benenfalls eine stärkere Rolle im Bildungsbereich spielen. Dabei würde etwa die Menschenrechts- erziehung besondere Aufmerksamkeit verdienen.
41. Von der Überwachungskapazität des BDIMR wird voller Gebrauch gemacht werden, und die praktische Zusammenarbeit mit anderen Überwachungsorganen etwa im Bereich der Datenbe- schaffung, der Weitergabe von Informationen und der Durchführung gemeinsamer Analysen wird gefördert werden, damit ein möglichst vollständiges Bild von den Entwicklungen entsteht.
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Dadurch soll die OSZE in die Lage versetzt werden, ihre Arbeit zielgerichtet auf Fragen höchster Priorität zu richten. (…)
Zusammenarbeit mit anderen internationalen Organisationen und Institutionen
52. Kein Staat und keine Organisation kann auf sich allein gestellt die Herausforderungen bewäl- tigen, mit denen wir heute konfrontiert sind. Es ist daher sehr wichtig, die Bemühungen aller ein- schlägigen Organisationen zu koordinieren. Die Grundlage für das Zusammenwirken der OSZE mit anderen Organisationen und Institutionen ist die Plattform für kooperative Sicherheit. Darin haben sich die Teilnehmerstaaten verpflichtet, für politische und operative Kohärenz zwischen den vielen verschiedenen Gremien zu sorgen, die sich mit Sicherheit beschäftigen, sowohl im Umgang mit konkreten Bedrohungen als auch bei der Festlegung, wie auf neue Bedrohungen und Heraus- forderungen reagiert werden soll. In einem im Wandel begriffenen Sicherheitsumfeld muss – unter Nutzung der Stärken und Vorzüge jeder einzelnen Organisation – noch mehr getan werden, um dieses wichtige Ziel zu erreichen.
53. Unsere Zusammenarbeit mit anderen Organisationen und Institutionen erstreckt sich derzeit auf den politischen Dialog, die Koordination und die strukturierte Kooperation in sachbezoge- nen oder regionalen Fragen, die die gesamte OSZE-Region betreffen, ausgehend von gemeinsa- men Werten und Zielsetzungen. Es ist wichtig, die Interaktion sowohl auf politischer als auch auf Arbeitsebene zu intensivieren. Die Zusammenarbeit und Koordination in Bezug auf praktische Angelegenheiten und Projekte sollte sowohl auf Amtssitzebene als auch vor Ort gestärkt werden. Es sollte zu Kontakten zwischen Gesandten und Sonderbeauftragten sowie zur Entwicklung gemein- samer Strategien und zu gemeinsamen Erkundungsmissionen ermutigt werden.
54. Die OSZE ist bestrebt, ihre Beziehungen zu allen Organisationen und Institutionen zu vertie- fen, denen die Förderung umfassender Sicherheit im OSZE-Gebiet ein Anliegen ist; mit einigen von ihnen, unter anderem den Vereinten Nationen, der EU, der NATO und dem Europarat, hat sie ein System regelmäßiger Konsultationen auf technischer wie auch auf politischer Ebene einge- richtet. Die OSZE muss flexibel bleiben, damit sie in der Lage ist, mit verschiedenen Organisatio- nen zusammenzuarbeiten, deren Fähigkeiten und Schwerpunkte sich im Laufe der Zeit angesichts von Entwicklungen in der Wahrnehmung von Bedrohungen und in den organisatorischen Kapa- zitäten ändern können.
55. Als regionale Abmachung im Sinne von Kapitel VIII der Charta der Vereinten Nationen ist die OSZE ein Forum für die Zusammenarbeit mit subregionalen Organisationen in ihrem Gebiet. Sie wird gemeinsam mit diesen Organisationen und Institutionen weiterhin Treffen organisieren, die dem Informationsaustausch und der Koordination in Bezug auf bestimmte Themen dienen. Praktische Maßnahmen, die darauf abzielen, einschlägige Erfahrungen der OSZE an andere regi- onale Organisationen weiterzugeben, sollten ebenfalls fortgesetzt werden. Die OSZE wird bereit sein, unterstützende Initiativen und Pläne zu prüfen, die in anderen Foren zur Verbesserung der Zusammenarbeit im Kampf gegen Bedrohungen ausgearbeitet wurden, so wie sie es bereits im Hinblick auf unterstützende Maßnahmen bei der Umsetzung der Antiterrorkonventionen der Vereinten Nationen getan hat.
56. Die OSZE hat eine starke themenbezogene Interaktion mit nichtstaatlichen Organisationen entwickelt, die laufend bedeutende Beiträge zu den umfassenden Bemühungen der Organisation leisten. Diese Interaktion sollte weiter verstärkt werden.
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57. Die Zusammenarbeit in Fragen, die sich über das gesamte Spektrum der von der Strategie erfass- ten Bedrohungen erstrecken, sollte verstärkt werden. Von der Plattform für kooperative Sicherheit sollte besser Gebrauch gemacht werden, damit gemeinsame Bedrohungen wirksamer und effizi- enter bewältigt werden können. Zu diesem Zweck wird vorgeschlagen werden, im Einvernehmen mit anderen internationalen Organisationen und Institutionen, als Teil der umfassenden Bemü- hungen um gemeinsame Analyse und Bewältigung von Bedrohungen, einen neuen Ad-hoc-Bera- tungsmechanismus einzurichten. Die OSZE bietet dieses Instrument als flexiblen Rahmen für Konsultationen durch Herstellung von Kontakten zu einschlägigen Organisationen und Institu- tionen an, wenn eine bestimmte Bedrohung sichtbar wird oder ein größeres Ausmaß annimmt. Ein regelmäßigerer Informationsaustausch mit interessierten Organisationen und Institutionen und die Einrichtung von Kontaktstellen wären zusätzliche Möglichkeiten, um die Zusammenar- beit weiter zu intensivieren.
Schlussfolgerung
58. In dieser Strategie haben wir eine Reihe von Bedrohungen aufgezeigt, die unser aller Sicherheit und Stabilität betreffen. Wir haben unseren Aktivitäten eine strategische Ausrichtung gegeben, die darauf abzielt, diese Bedrohungen nicht entstehen zu lassen bzw. zu eliminieren. Der Ständige Rat und das FSK werden gemeinsam mit den Institutionen, den Feldeinsätzen und dem Sekretariat beauftragt, im Rahmen ihrer Zuständigkeiten und Mandate dazu beizutragen, dass diese Strate- gie umgesetzt wird und Folgemaßnahmen nach sich zieht. Eine wirksame und effiziente Reaktion wird ein geschlossenes und koordiniertes Vorgehen aller OSZE-Organe und -Institutionen erfor- dern. Der Amtierende Vorsitz wird im Namen des Ministerrats und des Ständigen Rates bei der Umsetzung der Strategie für die Koordination und für Konsultationen zuständig sein. Die Jähr- liche Sicherheitsüberprüfungskonferenz wird regelmäßig Gelegenheit zu einer Überprüfung der Strategie und ihrer Umsetzung und zur Identifizierung und Analyse von Bedrohungen und Her- ausforderungen bieten, sobald sich diese abzeichnen. Außerdem wird bei dieser Konferenz die Mög- lichkeit bestehen, bei Bedarf die Ausarbeitung zusätzlicher Gegenmaßnahmen durch die OSZE und die Weiterentwicklung der Strategie selbst einzuleiten. Ferner ist es erforderlich, unsere Reak- tion an jene der anderen Organisationen und Institutionen anzupassen. Wir werden uns auf Berei- che und Fragen konzentrieren, in denen die OSZE tatsächlich etwas bewirken kann. Es ist unser Wunsch, dass eine gestärkte OSZE dazu beiträgt, die Bedrohungen und Herausforderungen, mit denen das gesamte OSZE-Gebiet konfrontiert ist, zu bewältigen und die Sicherheit des Einzelnen zu erhöhen, um dadurch dem Ziel aller unserer Bemühungen – im Leben jedes Einzelnen Verbes- serungen zu bewirken – näher zu kommen.
II. OSZE-Strategiedokument für die Wirtschafts- und Umweltdimension (…)
1.6 Die Vertiefung der wirtschaftlichen und sozialen Kluft, das Fehlen von Rechtsstaatlichkeit, schwache Regierungsführung, Korruption, weit verbreitete Armut und hohe Arbeitslosigkeit zählen zu jenen Faktoren, die globale Bedrohungen wie Terrorismus, gewalttätigen Extremismus, grenz- überschreitende organisierte Kriminalität sowie Schattenwirtschaft, einschließlich Geldwäsche, unerlaubten Handel jeder Art und illegale Migration begünstigen. Zwischen- und innerstaatliche Konflikte behindern ihrerseits die regionale wirtschaftliche Zusammenarbeit und Entwicklung und gefährden die Sicherheit unter anderem von Kommunikationseinrichtungen und Energie- Transportwegen. (…)
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2. Unsere Antwort (…) 2.1 Gute Regierungsführung stärken 2.1.1 Verantwortungsvolle Führung im öffentlichen und unternehmerischen Bereich und starke Institutionen sind wesentliche Grundlagen für eine gesunde Wirtschaft, die Investitionen anzie- hen kann und dadurch die Staaten in die Lage versetzt, Armut und Ungleichheit zu reduzieren, die gesellschaftliche Integration zu verstärken, Chancengleichheit für alle zu verwirklichen und die Umwelt zu schützen. Eine gute Regierungsführung auf allen Ebenen trägt zu Wohlstand, Sta- bilität und Sicherheit bei. Frieden, gute internationale Beziehungen, die Sicherheit und Stabilität des Staates und die Sicherheit des Einzelnen innerhalb des Staates auf der Grundlage der Rechts- staatlichkeit und der Achtung der Menschenrechte sind eine entscheidende Voraussetzung für die Schaffung einer Atmosphäre des Vertrauens, die für eine positive wirtschaftliche und soziale Ent- wicklung unverzichtbar ist. 2.1.2 Eine gute Regierungsführung ist für alle Teilnehmerstaaten von größter Bedeutung, und wir sind uns darin einig, dass wir auf einzelstaatlicher Ebene mit Unterstützung der einschlägigen internationalen Organisationen an der Stärkung der guten Regierungsführung in all ihren Aspek- ten arbeiten und Kooperationsmethoden entwickeln werden, die es uns ermöglichen, einander auf dem Weg zu diesem Ziel beizustehen. 2.1.3 Die Verwirklichung einer guten Regierungsführung erfordert einen umfassenden und lang- fristigen strategischen Ansatz, damit Erfolge in einem Bereich nicht durch Schwächen in anderen Bereichen gefährdet werden. Wir werden bei der Entwicklung unserer Strategien für gute Regie- rungsführung zusammenarbeiten und Erfahrungen hinsichtlich bewährter Praktiken austauschen.
Transparenz fördern und Korruption bekämpfen
2.1.4 Transparenz in öffentlichen Angelegenheiten ist eine wesentliche Voraussetzung für die Rechenschaftspflicht der Staaten und für die aktive Teilnahme der Zivilgesellschaft am Wirt- schaftsgeschehen. Transparenz erhöht die Berechenbarkeit und das Vertrauen in eine Wirtschaft, die auf der Grundlage entsprechender Gesetze und unter vorbehaltloser Achtung der Rechtsstaat- lichkeit funktioniert. Einer freien und pluralistischen Medienlandschaft, in der ein Höchstmaß an redaktioneller Unabhängigkeit von politischem und finanziellem Druck herrscht, kommt bei der Sicherung dieser Transparenz eine wichtige Rolle zu. 2.1.5 Wir werden unsere Regierungsarbeit transparenter gestalten, indem wir Prozesse und Ins- titutionen zur raschen Weitergabe von Informationen, einschließlich verlässlicher Statistiken, über Fragen von öffentlichem Interesse im Wirtschafts- und Umweltbereich an die Medien, die Geschäftswelt, die Zivilgesellschaft und die Bürger weiter ausbauen, um einen fundierten und leb- haften Dialog zu ermöglichen. Dies ist wichtig für eine Entscheidungsfindung, die auf geänderte Bedingungen reagiert und auf die Bedürfnisse und Wünsche der Bevölkerung eingeht. 2.2.6. Transparenz ist auch wichtig für die Aufdeckung und strafrechtliche Verfolgung aller Formen von Korruption, die unsere Volkswirtschaften und Gesellschaften untergräbt. Neben Transparenz erfordert der Kampf gegen Korruption eine umfassende und langfristige Antikorruptionsstrate- gie von Seiten der Teilnehmerstaaten.
1.1.7 Wir sind uns darin einig, dass die Beseitigung aller Formen von Korruption eine unserer Hauptaufgaben sein muss. Wir werden den Beitritt zu internationalen Übereinkommen und ande- ren Rechtsdokumenten im Bereich der Korruptionsbekämpfung in Erwägung ziehen, insbesondere jenen, die vom Europarat und von der Organisation für wirtschaftliche Zusammenarbeit und Ent- wicklung (OECD) ausgearbeitet wurden, zu ihrer Ratifizierung ermutigen und ihre vollständige Umsetzung befürworten. Wir begrüßen die Verabschiedung des VN-Übereinkommens gegen Kor- ruption und erwarten, dass dieses rasch unterzeichnet und ratifiziert wird und bald in Kraft tritt.
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Die Verwaltung öffentlicher Ressourcen verbessern
1.1.8 Eine weitere Komponente der guten Regierungsführung ist die effiziente Verwaltung öffent- licher Ressourcen durch starke und gut funktionierende Institutionen, einen professionellen und effizienten öffentlichen Dienst und ein solides Haushaltsgebaren. Die ordnungsgemäße Verwal- tung öffentlicher Ressourcen, einschließlich der Einhebung der Einnahmen, der Aufstellung und Umsetzung des Haushaltsplans und des öffentlichen Beschaffungswesens, ist von besonderer Bedeutung für die Bereitstellung bestmöglicher öffentlicher und sozialer Dienstleistungen. Wir werden bestrebt sein, unsere öffentlichen Verwaltungssysteme auf eine solide finanzielle Grund- lage zu stellen und deren Effizienz und rationelle Nutzung auf allen Ebenen weiter voranzutreiben. (…)
Die sozialen Voraussetzungen schaffen
1.1.13 Gute Regierungsführung und nachhaltige Entwicklung erfordern politische Strategien und Systeme, die die Sozialpartnerschaft und den gesellschaftlichen Zusammenhalt fördern. Wir wer- den uns für die Verbesserung des Zugangs aller Bürger zu grundlegenden Sozialleistungen, etwa kostengünstigen Gesundheitsdiensten, Pensionen und Bildungseinrichtungen, für einen angemes- senen Schutz sozialer Randgruppen und für die Verhinderung sozialer Ausgrenzung einsetzen. 1.1.14 Wir sind entschlossen, die sozialen Bedingungen zu verbessern, unter anderem durch ziel- gerichtete Maßnahmen zugunsten schutzbedürftiger Gruppen der Gesellschaft, die Schaffung geeigneter und wirksamer Sicherheitsnetze, den Ausbau der Gesundheitsdienste, die Schaffung von Arbeitsplätzen und die Durchführung von Wiedereingliederungsprogrammen. (…)
2.2 Nachhaltige Entwicklung sichern 2.3.3 Wir unterstützen die Bemühungen der Teilnehmerstaaten um Umsetzung ihrer politischen Maßnahmen zur Verminderung der Armut und zur Förderung der nachhaltigen Entwicklung, einschließlich der nationalen Programme zur Verminderung der Armut in den Reformländern. Wir sprechen uns dafür aus, dass internationale Organisationen und Institutionen, die über ein- schlägiges Fachwissen und über entsprechende Ressourcen verfügen, beratend und unterstützend tätig werden.
IV. Beschlüsse des Ministerrats
Beschluss Nr. 2/03
Bekämpfung des Menschenhandels
Der Ministerrat,
in Bekräftigung der Verpflichtungen, an die sich die Teilnehmerstaaten zur Bekämpfung des Men- schenhandels gebunden fühlen, insbesondere Beschluss Nr. 1 des Ministerrats von Wien 2000, Beschluss Nr. 6 des Ministerrats von Bukarest 2001 und die Erklärung des Ministerrats von Porto 2002,
ferner unter Hinweis auf den Beschluss Nr. 557 des Ständigen Rates vom 24. Juli 2003 betreffend die Verabschiedung des Aktionsplans der OSZE zur Bekämpfung des Menschenhandels, der den
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Teilnehmerstaaten ein umfangreiches Instrumentarium zur Bekämpfung des Menschenhandels mittels eines mehrdimensionalen Ansatzes an die Hand gibt und sich mit Opferschutz, der Ver- hütung des Menschenhandels und der strafrechtlichen Verfolgung der Täter oder jener, die Bei- hilfe zu diesem Verbrechen leisten, auseinander setzt,
in dem Bestreben, die gegen den Menschenhandel gerichteten Bemühungen der OSZE zu verstärken,
1. beschließt, den als Anhang zu diesem Beschluss beigefügten Aktionsplan der OSZE zur Bekämp- fung des Menschenhandels zu billigen, und
2. richtet unter der Führung des Ständigen Rates einen OSZE-Mechanismus ein, der die Teilneh- merstaaten im Kampf gegen den Menschenhandel unterstützt. Der Mechanismus wird aus zwei einander ergänzenden Teilen bestehen: einem/einer vom Amtierenden Vorsitz ernannten Sonder- beauftragten und einer Sondergruppe im Sekretariat,
Aufgabe des Mechanismus wird es sein:
(a) die OSZE-Teilnehmerstaaten bei der Umsetzung von Verpflichtungen und der vollen Nutzung der im Aktionsplan der OSZE zur Bekämpfung des Menschenhandels enthaltenen Empfehlun- gen zu unterstützen;
(b) die OSZE-Maßnahmen zur Bekämpfung des Menschenhandels in allen drei Dimensionen der OSZE zu koordinieren;
(c) die Koordination zwischen den zuständigen Behörden der Teilnehmerstaaten sowie zwischen der OSZE und anderen einschlägig tätigen Organisationen zu verstärken;
(d) dem Kampf gegen den Menschenhandel ein deutlicheres öffentliches und politisches Profil zu verleihen;
(e) im gesamten OSZE-Gebiet tätig zu werden und, wo angezeigt, den Teilnehmerstaaten im Geiste der Zusammenarbeit und im Einvernehmen mit den jeweiligen Behörden der betreffenden Teilneh- merstaaten Hilfestellung in ihren Bemühungen zur Umsetzung ihrer Verpflichtungen im Kampf gegen den Menschenhandel zu leisten;
(f) gegebenenfalls gemeinsam mit anderen in diesem Bereich tätigen OSZE-Strukturen Beratung und technische Hilfe bei der Gesetzgebung und der Entwicklung politischer Richtlinien anzubie- ten und zu vermitteln;
(g) bereit zu sein, hochrangige Behörden der Legislative, Exekutive und Judikative in Teilnehmer- staaten zu beraten und mit ihnen die Umsetzung des Aktionsplans der OSZE zur Bekämpfung des Menschenhandels sowie der Verpflichtungen in Bezug auf die Bekämpfung des Menschen- handels zu erörtern; in speziellen Fällen, die besondere Aufmerksamkeit erfordern, in geeigneter Weise den direkten Kontakt mit den betreffenden Teilnehmerstaaten zu suchen und bei Bedarf die Bereitstellung von Beratung und konkreter Hilfe zu erörtern;
(h) mit den Nationalen Berichterstattern oder anderen von den Teilnehmerstaaten zur Koordi- nierung und Überwachung der gegen den Menschenhandel gerichteten Aktivitäten staatlicher Einrichtungen geschaffenen Mechanismen zusammenzuarbeiten; Die Struktur wird auch mit ein- schlägigen nichtstaatlichen Organisationen in den Teilnehmerstaaten zusammenarbeiten. Dar- über hinaus wird sie innerhalb der OSZE die Rolle eines Gastgebers bzw. Förderers von Treffen
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zum Informations- und Erfahrungsaustausch zwischen den nationalen Koordinatoren, von den Teilnehmerstaaten benannten Vertretern oder Experten in Sachen Menschenhandel übernehmen;
(i) eng mit dem Büro für demokratische Institutionen und Menschenrechte (BDIMR) und anderen OSZE-Institutionen, dem Generalsekretär, einschlägigen Strukturen des Sekretariats einschließlich des Büros des Koordinators für ökonomische und ökologische Aktivitäten der OSZE, der Gruppe Strategische Polizeiangelegenheiten, der Leitenden Beraterin für Gleichbehandlungsfragen sowie gegebenenfalls mit den OSZE-Feldeinsätzen zusammenzuarbeiten; sich auf das in diesen OSZE- Strukturen vorhandene Fachwissen zu stützen und darauf zu achten, dass Arbeitsüberschneidun- gen vermieden werden; gegebenenfalls in der informellen Arbeitsgruppe Gleichbehandlungsfragen und Bekämpfung des Menschenhandels mitzuarbeiten;
(j) mit einschlägigen internationalen Akteuren zusammenzuarbeiten, etwa dem Büro der Ver- einten Nationen für Drogen- und Verbrechensbekämpfung, dem Hohen Flüchtlingskommissar der Vereinten Nationen, dem Hohen Kommissar der Vereinten Nationen für Menschenrechte, dem Kinderhilfswerk der Vereinten Nationen, der Internationalen Arbeitsorganisation sowie der Internationalen Organisation für Migration, dem Internationalen Zentrum für Migrationspoli- tikentwicklung, der Europäischen Union, dem Europarat, dem Arbeitskreis Menschenhandel des Stabilitätspakts, dem Rat der Ostsee-Anrainerstaaten, der Südosteuropäischen Kooperationsini- tiative, Interpol und Europol;
3. erklärt, dass der/die Sonderbeauftragte gegenüber dem Ständigen Rat politisch verantwortlich ist und diesem regelmäßig bzw. wenn angebracht Bericht erstatten wird. Er/Sie wird sein/ihr Amt gemäß Beschluss Nr. 8 des Zehnten Treffens des Ministerrats von Porto ausüben;
4. fordert den Amtierenden Vorsitz auf, eine bedeutende Persönlichkeit mit einschlägiger Erfah- rung entsprechend den OSZE-Verfahren zum/zur Sonderbeauftragten zu bestellen, nachdem er zuvor auf dem Wege des Vorbereitungsausschusses mit den Teilnehmerstaaten Konsultationen über sein/ihr Mandat geführt hat; um für Kontinuität in der Arbeit des/der Sonderbeauftragten, vorerst zumindest während zwei aufeinander folgenden Vorsitzperioden, zu sorgen, wird sich der Amtierende Vorsitz gemäß Beschluss Nr. 8 des Zehnten Treffens des Ministerrats von Porto mit dem nächsten designierten Vorsitz über diese Bestellung ins Einvernehmen setzen und der nächste designierte Vorsitz wird sich – innerhalb seiner Vorrechte – verpflichten, die Amtszeit des/der Son- derbeauftragten für die Dauer dieses Amtierenden Vorsitzes zu verlängern;
5. beauftragt den Ständigen Rat, die oben genannte Sondergruppe als Teil des OSZESekretariats einzurichten und mit Vertragsbediensteten oder von Teilnehmerstaaten entsandten Mitarbeitern zu besetzen. Der/Die Sonderbeauftragte kann über die gesamte Kapazität der Sondergruppe frei verfügen, um den oben genannten Aufgaben wirksam nachkommen zu können,
6. stimmt zu, dass beide Bestandteile des Mechanismus von den Teilnehmerstaaten über den Gesamthaushaltsplan der OSZE gemäß etablierten Verfahren finanziert werden. Der Beratende Ausschuss für Verwaltung und Finanzen (BMF) wird in Rücksprache mit dem Amtierenden Vorsitz und dem Generalsekretär die administrativen und finanziellen Modalitäten für den Mechanismus ausarbeiten und dem Ständigen Rat seine Empfehlungen so rechtzeitig zur Genehmigung zuleiten, dass sie in den Gesamthaushaltsplan der OSZE für das Jahr 2004 aufgenommen werden können.
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Anhang zu Beschluss Nr. 2/03
Aktionsplan der OSZE zur Bekämpfung des Menschenhandels
I. Ziele und Zwecke des Aktionsplans
1. Mit dem Aktionsplan soll den Teilnehmerstaaten ein umfangreiches Instrumentarium zur Ver- fügung gestellt werden, das ihnen bei der Umsetzung ihrer Verpflichtungen zur Bekämpfung des Menschenhandels hilft. Er soll den Teilnehmerstaaten einen weiterführenden Mechanismus bie- ten, der auch die Koordination zwischen den einzelnen Teilnehmerstaaten sowohl innerhalb der OSZE-Strukturen als auch mit anderen internationalen Organisationen fördert. Der Aktions- plan geht von einem mehrdimensionalen Ansatz zur Bekämpfung des Menschenhandels aus. Er behandelt das Problem umfassend, vom Opferschutz über die Verhütung des Menschenhandels bis zur strafrechtlichen Verfolgung der Täter oder jener, die Beihilfe zu diesem Verbrechen leis- ten. Er enthält Empfehlungen im Hinblick darauf, wie die Teilnehmerstaaten und die einschlä- gigen Institutionen, Organe und Feldeinsätze der OSZE sich bestmöglich mit den politischen, wirtschaftlichen, rechtlichen, polizeilichen, erzieherischen und anderen Aspekten des Problems auseinander setzen können.
2. Der Aktionsplan soll ferner den Teilnehmerstaaten dabei helfen, diese Instrumente einzusetzen und dabei auf bestehenden regionalen Erfahrungen aufzubauen, die bei der Umsetzung konkreter Initiativen und Maßnahmen gemacht wurden, wie etwa jener der Arbeitsgruppe des Stabilitäts- pakts zu Fragen des Menschenhandels in Südosteuropa.
3. Eine umfassende Sichtweise des Menschenhandels muss den Schwerpunkt auf die strafrechtliche Verfolgung der Täter und die Durchführung wirksamer Gegenmaßnahmen legen, wobei gleich- zeitig bei der Hilfeleistung für die Betroffenen human und einfühlsam vorzugehen ist.
II. Definition des Begriffs Menschenhandel
Der Aktionsplan beruht auf der folgenden Definition in Artikel 3 des Protokolls der Vereinten Nationen zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, in Ergänzung des Übereinkommens der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität:
„der Ausdruck ,Menschenhandel‘ [bezeichnet] die Anwerbung, Beförderung, Verbringung, Beher- bergung oder den Empfang von Personen durch die Androhung oder Anwendung von Gewalt oder anderen Formen der Nötigung, durch Entführung, Betrug, Täuschung, Missbrauch von Macht oder Ausnutzung besonderer Hilflosigkeit oder durch Gewährung oder Entgegennahme von Zahlungen oder Vorteilen zur Erlangung des Einverständnisses einer Person, die Gewalt über eine andere Person hat, zum Zweck der Ausbeutung. Ausbeutung umfasst mindestens die Aus- nutzung der Prostitution anderer oder andere Formen sexueller Ausbeutung, Zwangsarbeit oder Zwangsdienstbarkeit, Sklaverei oder sklavereiähnliche Praktiken, Leibeigenschaft oder die Ent- nahme von Körperorganen“.
Der Ministerrat der OSZE rief in seinem Beschluss Nr. 6 (2001) die Teilnehmerstaaten dazu auf, das Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Krimi- nalität und dessen Protokoll zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, zu unterzeichnen und zu ratifizieren.
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III. Untersuchung, Rechtsdurchsetzung und Strafverfolgung
Die Verpflichtungen der Teilnehmerstaaten in Bezug auf die Untersuchung, Rechtsdurchsetzung und Strafverfolgung gehen auf folgende Dokumente zurück: die 2002 in Porto verabschiedete Ministerratserklärung zum Menschenhandel, den Bukarester Aktionsplan zur Bekämpfung des Terrorismus aus dem Jahr 2001, den 2001 in Bukarest verabschiedeten Ministerratsbeschluss Nr. 6 und den 2000 in Wien verabschiedeten Ministerratsbeschluss über die Verstärkung der OSZE- Bemühungen im Kampf gegen den Menschenhandel. In diesen Dokumenten vereinbarten die Teil- nehmerstaaten auch, welche Rolle die OSZE in diesem Bereich übernehmen soll.
Empfohlene Maßnahmen auf nationaler Ebene
1. Kriminalisierung 1.1 Ergreifen der notwendigen gesetzgeberischen und sonstigen Maßnahmen, um die in Artikel 3 des Protokolls der Vereinten Nationen zur Verhütung, Bekämpfung und Bestrafung des Menschen- handels, insbesondere des Frauen- und Kinderhandels, in Ergänzung des Übereinkommens der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität genannten Hand- lungen als Straftaten zu umschreiben. 1.2 Ergreifen der notwendigen gesetzgeberischen und sonstigen Maßnahmen, um folgende Hand- lungen als Straftaten zu umschreiben: • den Versuch, diese Straftat zu begehen; • die Beteiligung an dieser Straftat als Mittäter oder Gehilfe; • die Organisation der Begehung dieser Straftat oder die Anleitung anderer zu ihrer Begehung. 1.3 Ergreifen der notwendigen Maßnahmen, um zusätzlich zur Verantwortlichkeit natürlicher Personen auch die Verantwortlichkeit juristischer Personen für Straftaten im Zusammenhang mit dem Menschenhandel festzulegen. Vorbehaltlich der Rechtsgrundsätze des Teilnehmerstaats kann die Verantwortlichkeit juristischer Personen strafrechtlicher, zivilrechtlicher und/oder ver- waltungsrechtlicher Art sein. 1.4 Ausarbeitung von Gesetzesbestimmungen für wirksame und angemessene strafrechtliche Sanktionen, einschließlich Haftstrafen, die der Schwere dieses Verbrechens gerecht werden. Gege- benenfalls sollten die Rechtsvorschriften zusätzliche Sanktionen für Personen vorsehen, die des Menschenhandels unter erschwerenden Umständen schuldig befunden wurden, etwa im Falle von Straftaten im Zusammenhang mit Kinderhandel oder von Straftaten, die von Amtsträgern oder mit deren Beihilfe begangen wurden. 1.5 Erwägung gesetzlicher Bestimmungen zur Einziehung der für den Menschenhandel und damit zusammenhängende Straftaten verwendeten Tatwerkzeuge und der daraus stammenden Erträge; sofern dies nicht der innerstaatlichen Gesetzgebung widerspricht, sollte dabei auch festgelegt wer- den, dass die eingezogenen Erträge aus dem Menschenhandel den vom Menschenhandel Betrof- fenen zugute kommen. Die Einrichtung eines Entschädigungsfonds für die vom Menschenhandel Betroffenen und die Verwendung der eingezogenen Vermögenswerte zur Mitfinanzierung dieses Fonds sollte in Erwägung gezogen werden. 1.6 Gewährleistung, dass der Menschenhandel, die damit verbundenen Handlungen und die ein- schlägigen Straftaten nach innerstaatlichem Recht und nach Auslieferungsverträgen als Strafta- ten gelten, die der Auslieferung unterliegen. 1.7 Ergreifen gesetzgeberischer und sonstiger Maßnahmen, um die aktive oder passive Bestechung von Amtsträgern im Sinne der Artikel 8 und 9 des Übereinkommens der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität als Straftaten zu umschreiben.
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1.8 Gewährleistung, dass die vom Menschenhandel Betroffenen nicht ausschließlich als unmittel- bare Folge der Tatsache, dass sie Opfer des Menschenhandels wurden, strafrechtlich verfolgt werden.
2. Reaktionen im Bereich der Strafverfolgung 2.1 Vollständige Umsetzung der gesetzlichen Maßnahmen gegen den Menschenhandel und der damit zusammenhängenden Maßnahmen. 2.2 Einrichtung eigener Dienststellen zur Bekämpfung des Menschenhandels – bestehend aus weiblichen und männlichen Bediensteten -, begleitet von Maß-nahmen zur weiterführenden Aus- bildung für die Ermittlung im Falle von Straftaten, bei denen es um sexuelle Gewalt oder Kinder geht, um für mehr Kompetenz, Professionalität und Integrität zu sorgen. 2.3 Aufbau von Kapazitäten im Bereich der Korruptionsbekämpfung. 2.4 Entwicklung von Programmen für bürgernahe Polizeiarbeit: Stärkung des Vertrauens zwi- schen Polizei und Öffentlichkeit, wodurch unter anderem die Beschaffung von Informationen über Fälle von Menschenhandel erleichtert und die Bereitschaft der Betroffenen zur Anzeige von Straftaten erhöht werden soll. 2.5 Verstärkung der Zusammenarbeit zwischen polizeilichen Ermittlungsorganen, um die Her- kunft verdächtiger Vermögenswerte aus möglicherweise krimi¬nellen, mit Menschenhandel im Zusammenhang stehenden Aktivitäten festzustellen. 2.6 Bereitstellung nicht nur der Ressourcen und Ausbildungsmöglichkeiten für den Aufbau einer kriminalpolizeilich ausgerichteten Ermittlungsarbeit für den Umgang mit Verbrechen und die Ana- lyse kriminalpolizeilicher Informationen, sondern auch Bereitstellung aller anderen fortschritt- lichen Kenntnisse, Fertig-keiten und Ausrüstungen, die Beamte mit Polizeibefugnissen bei der Wahr-nehmung ihrer Aufgaben zur Bekämpfung des Menschenhandels benötigen. 2.7 Einwirken auf Untersuchungsbehörden und Staatsanwälte, damit diese sich bei der Unter- suchung und der Strafverfolgung nicht ausschließlich auf Zeugenaus-sagen verlassen. Es sollte nach alternativen Untersuchungsstrategien gesucht werden, damit die Betroffenen nicht mehr vor Gericht aussagen müssen. 2.8 Suche nach gangbaren Wegen, um zu gewährleisten, dass Mitarbeiter von OSZE-Missionen, die gegen den OSZE-Verhaltenskodex für Missionsmitarbeiter und andere Vorschriften versto- ßen, auf jeden Fall mit Sanktionen zu rechnen haben, wozu gegebenenfalls auch Disziplinar- und Strafverfahren zählen können. 2.9 Vorrangige Befassung mit der Korruption in örtlichen Strafverfolgungsbehörden und Gewähr- leistung, dass gegen Strafverfolgungsbehörden, die in korrupte Praktiken im Zusammenhang mit Menschenhandel verwickelt sind, entsprechende Disziplinar- und Strafverfahren eingeleitet werden.
3. Zusammenarbeit auf dem Gebiet der Strafverfolgung und Informationsaustausch zwischen den Teilnehmerstaaten 3.1 Enge Zusammenarbeit untereinander und im Einklang mit der jeweiligen innerstaatlichen Rechts- und Verwaltungsordnung, um die Wirksamkeit der Maßnahmen der Strafverfolgungs- behörden zur Bekämpfung der Straftaten, die Gegenstand dieses Aktionsplans sind, zu verstär- ken. Förderung ähnlicher Kooperation und Koordination zwischen Polizeidienststellen innerhalb eines Staates. 3.2 Insbesondere Ergreifen wirksamer Maßnahmen • um Nachrichtenverbindungen zwischen den Teilnehmerstaaten zu verbessern und erforderli- chenfalls einzurichten;
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• um bei Ermittlungen in Bezug auf Straftaten, die Gegenstand dieses Aktionsplans sind, zusam- menzuarbeiten; • um gegebenenfalls die erforderlichen Gegenstände oder Beweise zu Analyse- oder Ermittlungs- zwecken zur Verfügung zu stellen; • um die wirksame Koordination zwischen ihren zuständigen Behörden, Stellen und Ämtern zu erleichtern und den Austausch von Personal und anderen Sachverständigen, einschließlich des Einsatzes von Verbindungsbeamten, vorbehaltlich bilateraler Abkommen oder sonstiger Ver- einbarungen zwischen den betreffenden Teilnehmerstaaten, zu fördern; • um Informationen über die von organisierten kriminellen Gruppen eingesetzten konkreten Mittel und Methoden auszutauschen, einschließlich gegebenenfalls der benutzten Wege und Beförde- rungsmittel und der Verwendung falscher Identitäten, veränderter oder gefälschter Dokumente oder sonstiger Mittel zur Verschleierung ihrer Tätigkeit; • um die Verwaltungs- und anderen Maßnahmen zu koordinieren, die geeignet erscheinen, um die Straftaten, die Gegenstand dieses Aktionsplans sind, frühzeitig aufzudecken. 3.3 Abschluss von Übereinkünften über bilaterale und multilaterale Zusammenarbeit auf dem Gebiet der Strafverfolgung zur Erleichterung des Informationsaustauschs. 3.4 Bemühungen zur Entwicklung gemeinsamer Standards für die Sammlung statistischer Daten.
4. Hilfe und Schutz für Zeugen und Betroffene im Strafverfahren 4.1 Ergreifen geeigneter Maßnahmen im Rahmen der den Teilnehmerstaaten zu Gebote stehen- den Mittel, einschließlich gesetzgeberischer Maßnahmen, um Zeugen in Strafverfahren, die über Straftaten, die Gegenstand dieses Aktionsplans sind, aussagen, sowie gegebenenfalls ihren Ver- wandten und anderen ihnen nahe stehenden Personen wirksamen Schutz vor möglicher Vergel- tung oder Einschüchterung zu gewähren. 4.2 Sensibilisierung der Strafverfolgungsbehörden und -beamten im Hinblick auf ihre Verantwor- tung für die Gewährleistung des Schutzes und des unmittelbaren Wohles der vom Menschenhan- del Betroffenen. 4.3 Gewährleistung des Datenschutzes und des Rechtes der Betroffenen auf Schutz der Privat- sphäre, auch im Verlauf der Sammlung und Analyse von Daten. 4.4 Erleichterung der Teilnahme der Betroffenen als Zeugen an der Untersuchung, der Gerichts- verhandlung oder anderen strafrechtlichen Verfahren, indem ihnen im Zuge des Zeugenschutzes die Möglichkeit zur Umsiedlung eingeräumt wird. 4.5 Bereitstellung von Rechtsberatung für die Betroffenen bei der Entscheidung, ob sie als Zeugen aussagen werden oder nicht. 4.6 Zulassung des Beistands von NROs für die Betroffenen bei der Einvernahme vor Gericht, sofern dies nicht innerstaatlichen Rechtsvorschriften widerspricht.
5. Aus- und Fortbildung 5.1 Bereitstellung oder Verbesserung von Ausbildungsmöglichkeiten für Grenzwachebeamte, Poli- zeibeamte, Richter, Staatsanwälte, Mitarbeiter der Einwanderungsbehörden und andere einschlä- gige Bedienstete in Bezug auf alle Aspekte des Menschenhandels. 5.2 Berücksichtigung von Menschenrechtsfragen sowie von kinder- und geschlechtsspezifischen Fra- gen in diesen Ausbildungsprogrammen und Ermutigung zur Zusammenarbeit mit nichtstaatlichen Organisationen, anderen einschlägigen Organisationen und anderen Teilen der Zivilgesellschaft.
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6. Maßnahmen an den Grenzen 6.1 Erwägung von Maßnahmen, die es in Übereinstimmung mit dem innerstaatlichen Recht gestat- ten, Personen, die an der Begehung von im geltenden Recht definierten Straftaten beteiligt sind, die Einreise zu verweigern, ihre Sichtvermerke für ungültig zu erklären oder sie eventuell vorü- bergehend festzunehmen. 6.2 Erwägung einer verstärkten Zusammenarbeit zwischen den Grenzkontrollbehörden, unter anderem durch Einrichtung und Aufrechterhaltung direkter Nachrichtenverbindungen.
7. Sicherheit und Kontrolle von Dokumenten 7.1 Ergreifen der erforderlichen Maßnahmen im Rahmen der verfügbaren Mittel, um sicherzu- stellen, dass die Qualität der von oder im Namen von Teilnehmerstaaten ausgestellten Reise- oder Identitätsdokumente so beschaffen ist, dass sie nicht leicht missbraucht und nicht ohne weiteres gefälscht oder auf rechtswidrige Weise verändert, vervielfältigt oder ausgestellt werden können.
8. Rechtmäßigkeit und Gültigkeit von Dokumenten 8.1 Auf Ersuchen eines anderen Teilnehmerstaats und in Übereinstimmung mit dem innerstaatli- chen Recht Überprüfung der Rechtmäßigkeit und Gültigkeit von Reise- oder Identitätsdokumenten, die tatsächlich oder angeblich in seinem Namen ausgestellt wurden, innerhalb eines angemessenen Zeitraums, wenn Grund zur Annahme besteht, dass sie für den Menschenhandel benutzt werden Maßnahmen von OSZE-Institutionen und -Gremien
9. Gesetzesüberprüfung und -reform 9.1 Das BDIMR und gegebenenfalls die Feldeinsätze werden die Bemühungen um Überprüfung und Reform der Gesetze im Hinblick auf die Einhaltung internationaler Standards weiterhin för- dern und unterstützen. 9.2 Die OSZE wird die Zusammenarbeit mit anderen einschlägigen Partnern und Organisatio- nen weiterentwickeln.
10. Reaktionen im Bereich der Strafverfolgung 10.1 Die OSZE-Gruppe für strategische Polizeiangelegenheiten wird das Konzept der bürgerna- hen Polizeiarbeit weiter fördern. 10.2 Die Gruppe für strategische Polizeiangelegenheiten und das Büro des Koordinators für öko- nomische und ökologische Aktivitäten der OSZE werden den Informationsaustausch zwischen den Teilnehmerstaaten über bewährte Praktiken erleichtern, die von den einschlägigen Ermitt- lungsbehörden anzuwenden sind, um die Herkunft verdächtiger Vermögenswerte aus möglicher- weise kriminellen, mit Menschenhandel im Zusammenhang stehenden Aktivitäten festzustellen. 10.3 Das Büro des Koordinators für ökonomische und ökologische Aktivitäten der OSZE wird weiterhin mit dem Globalen Programm gegen Geldwäsche des Büros der Vereinten Nationen für Drogen- und Verbrechensbekämpfung zusammenarbeiten und dessen gute Dienste nutzen, um die Veranstaltung von Workshops zu Fragen der Geldwäsche in interessierten Teilnehmerstaa- ten zu fördern. 10.4 Im Rahmen seiner Hilfestellung bei der Entwicklung Nationaler Leitsysteme wird das BDIMR die Zusammenarbeit zwischen Strafverfolgungsbehörden und der Zivilgesellschaft weiterhin för- dern und zu einer solchen Zusammenarbeit ermutigen.
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11. Disziplinarmaßnahmen 11.1 Das Büro für interne Aufsicht wird ersucht, über Ermittlungen im Falle von Straftaten im Zusammenhang mit Menschenhandel durch Missionsmitarbeiter und über alle daraufhin ergrif- fenen einschlägigen Maßnahmen Aufzeichnungen zu führen. Der Generalsekretär wird ersucht, dem Ständigen Rat regelmäßig über Maßnahmen zur Umsetzung der Vorschriften bei Verstößen gegen den Verhaltenskodex zu berichten, wobei die Privatsphäre der Tatverdächtigen zu schützen ist.
12. Aus- und Fortbildung 12.1 Das BDIMR und die OSZE-Gruppe für strategische Polizeiangelegenheiten werden für Straf- verfolgungsbehörden weiterhin Ausbildungsmaterial über die Ermittlung bei Menschenhandel und Sexualstraftaten erstellen, sich mit der Internationalen Polizeiakademie (ILEA) in Budapest über Möglichkeiten zur Aufnahme dieser Ausbildungsmaßnahmen in ILEA-Programme beraten, Poli- zeiausbilder für die Abhaltung von Schulungsveranstaltungen auswählen und die Finanzierung von Ausbildungskursen für Strafverfolgungsbehörden in OSZE-Teilnehmerstaaten erleichtern. 12.2 Während internationale Partner wie das Internationale Zentrum für Migrationspolitikent- wicklung und die Internationale Organisation für Migration für die polizeiliche Grundausbildung im Umgang mit mutmaßlichen Menschenhandelsfällen sorgen und andere, wie etwa das Ent- wicklungsprogramm der Vereinten Nationen, Fortgeschrittenenkurse anbieten, besteht Bedarf an zusätzlichen Ausbildungsmaßnahmen für die Behandlung bestimmter Aspekte von Sexualstrafta- ten wie sexueller Missbrauch von Kindern. Die OSZEGruppe für strategische Polizeiangelegenhei- ten wird diese Ausbildung in Zusammenarbeit mit dem Kinderhilfswerk der Vereinten Nationen und anderen einschlägigen Organisationen zur Verfügung stellen.
13. Sicherheit und Kontrolle von Dokumenten 13.1 Die einschlägigen OSZE-Organe, insbesondere die Gruppe Terrorismusbekämpfung, werden weiterhin Workshops ermöglichen, die sich schwerpunktmäßig mit der Erkennung von Doku- menten, die für illegale Zwecke im Zusammenhang mit dem Menschenhandel verwendet werden, mit der Erkennung von gefälschten Reisedokumenten für die Einreise der vom Menschenhandel Betroffenen und mit der Verbesserung nichttechnischer Erkennungsmethoden, etwa Befragungs- techniken, befassen. Darüber hinaus werden Workshops sich mit der Frage auseinander setzen, wie der freie Personenverkehr im Rahmen der Einschränkungen geschützt werden kann, die mit den einschlägigen OSZE-Verpflichtungen im Einklang stehen.Verhütung des Menschenhandels
IV. Die Verpflichtungen der Teilnehmerstaaten in Bezug auf die Verhütung des Menschenhandels gehen auf folgende Dokumente zurück: die Ministerratserklärung zum Menschenhandel von Porto 2002, den Beschluss des Ständigen Rates der OSZE Nr. 426 aus dem Jahr 2001, den Ministerratsbe- schluss über die Verstärkung der OSZE-Bemühungen im Kampf gegen den Menschenhandel von Wien 2000, den vom Ständigen Rat im Jahr 2000 beschlossenen OSZE-Aktionsplan für Gender- fragen die Europäische Sicherheitscharta von Istanbul 1999, das in Moskau 1991 verabschiedete Dokument des Moskauer Treffens der Konferenz über die menschliche Dimension der KSZE und die in Helsinki 1975 verabschiedete Schlussakte der Konferenz über Sicherheit und Zusammen- arbeit in Europa. In diesen Dokumenten vereinbarten die Teilnehmerstaaten auch, welche Rolle die OSZE in diesem Bereich übernehmen soll.
Empfohlene Maßnahmen auf nationaler Ebene
1. Datensammlung und Forschung 1.1 Sammlung gesonderter Daten über Frauen, Männer und Kinder, die vom Menschenhandel betroffen sind, und Verbesserung der Forschung und Daten-analyse bezüglich Themen wie Art und
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Ausmaß des Menschenhandels und die Methoden, die organisierte kriminelle Gruppen für den Menschenhandel und die Ausbeutung entwickelt haben, im Hinblick auf die Entwicklung wirk- samer und zielgerichteter Maßnahmen zur Verhütung des Menschenhandels. Förderung weiterer Forschung und von verstärktem Informationsaustausch über Kinderhandel. 1.2 Ermittlung der schutzbedürftigsten Bevölkerungsgruppen und Entwicklung eigener auf sie ausgerichteter Aufklärungskampagnen. 1.3 Weiter gehende Analyse der tieferen Ursachen des Menschenhandels, seiner Nachfrage- und Angebotsfaktoren, seiner Netzwerke und wirtschaftlichen Auswirkungen sowie seines Zusam- menhangs mit illegaler Migration.
2. Maßnahmen an den Grenzen 2.1 Unbeschadet der internationalen Verpflichtungen betreffend den freien Personenverkehr, soweit wie möglich Verstärkung der Grenzkontrollen, die erforderlich sind, um den Menschenhandel ver- hüten und aufdecken zu können. 2.2 Ergreifen gesetzgeberischer oder anderer geeigneter Maßnahmen, um soweit wie möglich zu verhindern, dass die von gewerblichen Beförderungsunternehmern betriebenen Transportmit- tel zur Begehung der in den Bestimmungen gegen Menschenhandel umschriebenen Straftaten benutzt werden. 2.3 Gegebenenfalls und unbeschadet der anwendbaren internationalen Überein-kommen Verpflich- tung gewerblicher Beförderungsunternehmen, einschließlich Transportunternehmer, Besitzer oder Betreiber aller Arten von Transportmitteln, sich dessen zu vergewissern, dass alle Passagiere im Besitz gültiger Reisedokumente sind. In Übereinstimmung mit innerstaatlichem Recht Ergreifen der notwendigen Maßnahmen, um im Falle eines Verstoßes Sanktionen vorzusehen.
3. Wirtschaftliche und soziale Strategien zur Beseitigung der eigentlichen Ursachen des Men- schenhandels 3.1 In den Herkunftsländern: • Erwägung folgender Zielsetzungen als vorrangig: die Förderung von sozialer, wirtschaftlicher und politischer Stabilität und die Verringerung sowohl der durch größte Armut bedingten Migration als auch der den Menschenhandel begünstigenden Faktoren. Jede Politik, die sich diesen Zielen verschreibt, sollte sowohl die Wirtschaftsentwicklung als auch die soziale Integration fördern; • Verbesserung des Zugangs von Kindern zu Schul- und Berufsaus-bildungsmöglichkeiten und Förderung der Teilnahme am Unterricht, insbesondere für Mädchen und Minderheitengruppen; • Verbesserung von Arbeitsmöglichkeiten für Frauen durch Erleichterung der wirtschaftlichen Tätigkeit für kleine und mittlere Unternehmen (KMU). Veranstaltung von Schulungskursen für KMU und gezielte Ausrichtung speziell auf stark gefährdete Gruppen. 3.2 In den Zielländern: • Umsetzung von Maßnahmen zur Verringerung der „unsichtbaren Ausbeutung“. Ein von meh- reren Organisationen getragenes Programm bestehend aus Überwachung, administrativen Kontrollen und kriminalpolizeilicher Informationsbeschaffung auf den Arbeitsmärkten und gegebenenfalls im Sexgewerbe wird zur Verwirklichung dieser Zielsetzung viel beitragen; • Erwägung der Liberalisierung der Arbeitsmärkte durch die Regierungen im Hinblick auf die Schaffung von Arbeitsplätzen für Arbeitnehmer, die über ein breites Spektrum an Kenntnissen und Fertigkeiten ganz unterschiedlichen Niveaus verfügen;
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• Befassung mit dem Problem der ungeschützten, informellen und häufig illegalen Arbeitsplätze, um einen Ausgleich zwischen der Nachfrage nach Billigarbeitsplätzen und den Möglichkeiten einer geregelten Zuwanderung zu schaffen; • Auseinandersetzung mit der Schattenwirtschaft, die die Volkswirtschaft unterwandert und den Menschenhandel fördert. 3.3 In den Herkunftsländern und den Zielländern gleichermaßen: • Ergreifen von Maßnahmen zur Verstärkung des sozialen Schutzes und zur Schaffung von Beschäf- tigungsmöglichkeiten für alle; • Verabschiedung geeigneter Maßnahmen zur Beseitigung der Diskriminierung von Frauen auf dem Arbeitsmarkt, um auf Grundlage der Gleichberechtigung zwischen den Geschlechtern das Recht auf gleiche Entlohnung für gleiche Arbeit und das Recht auf gleichen Zugang zum Arbeitsmarkt sicherzustellen; • Befassung mit allen Formen der Diskriminierung von Minderheiten; • Entwicklung von Programmen, die Möglichkeiten für den Lebensunterhalt anbieten und grund- legende Bildung, Alphabetisierung, Kommunikations- und sonstige Fertigkeiten und Kenntnisse beinhalten und Hindernisse für die Unternehmensgründung abbauen; • Befürwortung der Sensibilisierung für Genderfragen und Gender-erziehung auf der Grundlage gleichberechtigter und respektvoller Beziehungen zwischen den Geschlechtern, um dadurch Gewalt gegen Frauen zu verhindern; • Sicherstellung einer Politik, die Frauen gleichen Zugang zu und gleichen Zugriff auf wirtschaft- liche und finanzielle Ressourcen ermöglicht; • Förderung flexibler Finanzierungsmöglichkeiten und flexibler Zugangsmöglichkeiten zu Kre- diten, einschließlich niedrig verzinster Kleinkredite; • Förderung von Good Governance und Transparenz in der Wirtschaft; • Verabschiedung oder Verstärkung gesetzgeberischer, erzieherischer, sozialer, kultureller oder sonstiger Maßnahmen und gegebenenfalls strafrechtlicher Bestimmungen auch durch bilate- rale und multilaterale Zusammenarbeit, als Abschreckung gegen die Nachfrage, die alle For- men der Ausbeutung von Menschen, namentlich von Frauen und Kindern, begünstigt und dem Menschenhandel entgegenkommt.
4. Aufklärung 4.1 Organisation von Informationskampagnen in Zusammenarbeit mit der Zivilgesellschaft und NROs, um die Öffentlichkeit über die verschiedenen Formen des Menschenhandels aufzuklären, einschließlich der von den Tätern angewendeten Methoden und der Risiken für die Betroffenen. 4.2 Verstärkte Sensibilisierung von Einwanderungsbehörden und konsularischem sowie diploma- tischem Personal für den Menschenhandel, damit sie bei ihren täglichen Kontakten mit potenzi- ellen Betroffenen auf dieses Wissen zurück-greifen können. 4.3 Einwirken auf nationale Botschaften, damit diese – auch über NROs – Informationen über ein- schlägige innerstaatliche Rechtsvorschriften wie Familienrecht, Arbeitsrecht und Einwanderungs- gesetze verbreiten, soweit sie für potenzielle Zuwanderer von Interesse sind. 4.4 Verstärkte Aufklärung über Menschenhandel für andere maßgebliche Zielgruppen einschließlich politischer Entscheidungsträger, Beamter der Strafver-folgungsbehörden und Angehöriger anderer einschlägiger Berufe wie Amtsärzte, Mitarbeiter von Sozialdiensten und Arbeitsvermittlungsstel- len, sowie in der Privatwirtschaft, um deren Bereitschaft, sich entsprechend damit zu befassen, zu verstärken und ihnen in ihrer Institution die Bekämpfung des Menschenhandels zu erleichtern.
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4.5 Ermutigung der Konsular- und Visaabteilungen in diplomatischen Missionen, im Amtsverkehr mit gefährdeten Personen schriftliches und sonstiges Material zu verwenden. 4.6 Verstärkte Sensibilisierung der Medien. Die von den Medien vermittelte Sicht der Menschen- handelsproblematik sollte gleichzeitig das Phänomen unzweideutig darstellen und die Lage der Betroffenen realistisch schildern. Um die Öffentlichkeit so gut wie möglich über das Problem auf- zuklären und sie dafür zu sensibilisieren, sollten gemeinsam mit Medienschaffenden Informati- onskampagnen gegen den Menschenhandel durchgeführt werden. 4.7 Ausrichtung von Aufklärungskampagnen auch auf die Zielgruppe der am meisten gefährde- ten Personen, einschließlich Angehöriger nationaler Minderheiten, Kinder, Migranten und Bin- nenvertriebener. 4.8 Ausweitung von Aufklärungskampagnen auf Kleinstädte und Dörfer, deren Bevölkerung poten- ziell eine besondere Risikogruppe darstellt. 4.9 Tätigwerden an Schulen und Universitäten sowie direkt im Familienbereich, um Jugendliche zu erreichen und sie verstärkt über Menschenhandel aufzuklären. 4.10 Eingehen auf die Notwendigkeit – auch über die Medien -, die Nachfrage nach den Diensten von Personen zu verringern, die zum Zwecke der sexuellen Ausbeutung, der Zwangsarbeit, der Sklaverei oder anderer sklavereiähnlicher Praktiken Opfer des Menschenhandels wurden, und im Zusammenhang damit Ächtung jeglicher Toleranz gegenüber allen Formen des Menschenhandels. 4.11 Einrichtung öffentlich bekannt zu machender Telefon-Hotlines in den Herkunfts-, Transit- und Zielländern, die dreierlei Zwecken dienen sollen: als unabhängige Informations- und Beratungs- stelle für potenzielle Betroffene, die vielleicht Beschäftigungsmöglichkeiten oder andere Angebote, ins Ausland zu gehen, erwägen; als erste Anlaufstelle für den Zugang zu Nationalen Leitsystemen für die Betreuung von Betroffenen und schließlich als Anlaufstelle für anonyme Berichte über Fälle oder vermutete Fälle von Menschenhandel.
5. Gesetzgeberische Maßnahmen 5.1 Verabschiedung oder Überprüfung von Rechtsvorschriften, verwaltungsrechtlichen Regelungen und Verfahren in Bezug auf die Erteilung von Bewilligungen und die Arbeitsweise von Wirtschafts- sektoren, die – laut kriminalpolizeilichen Ermittlungen – möglicherweise mit Menschenhandel zu tun haben, wie Arbeitsvermittlung, Tourismus, Au-Pair-Vermittlung, Adoptionsvermittlung oder Heiratsvermittlung per Katalog sowie Hotels und Begleitdienste. 5.2 Sicherstellung, dass die zum Zwecke der Verhütung und Bekämpfung des Menschenhandels getroffenen Maßnahmen sich nicht nachteilig auf die Rechte und die Würde von Menschen ein- schließlich des freien Personenverkehrs auswirken.
Maßnahmen von OSZE-Institutionen und -Gremien
6. Datensammlung und Forschung 6.1 Intensivierung der Sammlung von Daten und der Forschung über den Menschenhandel, insbe- sondere über Kinderhandel, durch Bezugnahme auf frühere Forschungsarbeiten und Informations- austausch mit dem Kinderhilfswerk der Vereinten Nationen und anderen einschlägigen Akteuren. 6.2 Beauftragung der BDIMR-Kontaktstelle für Fragen der Roma und Sinti, die Sammlung von Daten zum Menschenhandel, insbesondere über Kinderhandel, und dessen Auswirkungen auf die Gemeinschaft der Roma und Sinti fortzusetzen.
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7. Eingehen auf die tieferen Ursachen des Menschenhandels 7.1 Das Büro des Koordinators für ökonomische und ökologische Aktivitäten der OSZE wird die Förderung und die Entwicklung nationaler Ressourcenzentren zur Information der Öffentlich- keit unterstützen, mit deren Hilfe Einzelpersonen die Legalität von Unternehmen überprüfen können, insbesondere von Unternehmen, die für eine Beschäftigung im Ausland werben, wobei jedoch Überschneidungen mit bestehenden Einrichtungen in Wirtschaftskammern und anderen Ämtern für die Eintragung ins Handelsregister vermieden werden sollen. Das Büro des Koordina- tors für ökonomische und ökologische Aktivitäten der OSZE kann als Vermittler fungieren, Bei- spiele bewährter Praktiken für leicht zugängliche Verfahren zur Überprüfung der Rechtmäßigkeit sammeln und sie den interessierten Teilnehmerstaaten bzw. OSZE-Feldeinsätzen übermitteln. 7.2 Das Büro des Koordinators für ökonomische und ökologische Aktivitäten der OSZE wird die Förderung von Ausbildung für KMU und ihre Ausrichtung insbesondere auf Gruppen mit hohem Risiko fortsetzen, einschließlich seiner Hilfestellung für die Ausarbeitung von Rechtsvorschriften zum Abbau der Hindernisse für die Gründung von KMU. 7.3 Das Büro des Koordinators für ökonomische und ökologische Aktivitäten der OSZE sollte Pro- gramme zur Erfassung der wirtschaftlichen Faktoren ausarbeiten, die dafür verantwortlich sind, dass Frauen und Minderheiten besonders leicht Opfer von Menschenhandel werden, einschließ- lich der Diskriminierung am Arbeitsplatz und des fehlenden Zugangs zu Krediten.
8. Aufklärung 8.1 Das BDIMR und gegebenenfalls die Feldeinsätze werden, in Zusammenarbeit mit einschlä- gigen Partnern in der OSZE-Region, weiterhin zu Forschungsbemühungen sowie zur Förderung und Durchführung von Aufklärungsinitiativen beitragen. 8.2 Die Abteilung Presse- und Öffentlichkeitsarbeit wird dabei behilflich sein, die Medien ver- stärkt über OSZE-Aktivitäten gegen den Menschenhandel zu informieren. Das BDIMR wird seine Ausbildungsaktivitäten intensivieren, damit die Medien mit dem Thema Menschenhandel ver- antwortungsbewusst umgehen und nicht negative Stereotypen verstärken. Die Ausbildung wird besonders die Komplexität des Phänomens Menschenhandel und die Notwendigkeit einer umfas- senden Reaktion darauf in den Vordergrund stellen. 8.3 Um sicherzustellen, dass Mitarbeiter von OSZE-Feldeinsätzen sich nicht am Menschenhan- del beteiligen oder diesen auf irgendeine Art und Weise bewusst begünstigen, und um den in Abschnitt 4 des OSZE-Verhaltenskodex, der fester Bestandteil des Personalstatuts ist, enthaltenen Normen Genüge zu tun, wird der Generalsekretär umfassende Dienstanweisungen verfassen, die vom Ständigen Rat bis spätestens 15. November 2003 zu prüfen sind. 8.4 Der Ausbildungskoordinator der OSZE, die Leitende Beraterin für Gleichbehandlungsfragen und der Leitende Sicherheitskoordinator werden in Zusammenarbeit mit dem BDIMR die Ein- führungskurse auch weiterhin für die Entwicklung und Durchführung von Schulungskursen für die Mitarbeiter in Genderfragen, Menschenhandelsfragen und einschlägigen Vorschriften und Richtlinien verwenden und eigene Workshops für diesen Bereich abhalten. Die Leiter von Feld- einsätzen werden dafür sorgen, dass die Teilnahme an diesen Ausbildungskursen für alle Mitar- beiter verpflichtend ist. 8.5 Das Büro des Koordinators für ökonomische und ökologische Aktivitäten der OSZE wird behilf- lich sein, die Privatwirtschaft durch Aufklärung und die Ermittlung und Verbreitung bewähr- ter Praktiken wie Selbstkontrolle, politische Leitlinien und Verhaltenskodizes zu Bemühungen zur Bekämpfung des Menschenhandels und zur Verstärkung dieser Bemühungen zu veranlassen.
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V. Schutz und Hilfe
Die OSZE-Verpflichtungen in Bezug auf Schutz und Hilfe für die vom Menschenhandel Betroffe- nen gehen auf die Erklärung zum Menschenhandel des Ministerrats von Porto 2002, den Beschluss Nr. 6 des Ministerrats von Bukarest 2001, den Beschluss Nr. 1 des Ministerrats von Wien 2000 und auf die 1999 in Istanbul verabschiedete Europäische Sicherheitscharta zurück. Empfohlene Maßnahmen auf nationaler Ebene
1. Datensammlung und Forschung 1.1 Sammlung von Daten durch den Austausch und die Analyse bewährter Praktiken und sonsti- ger Informationen über den wirksamen Schutz und die Hilfe für die vom Menschenhandel Betrof- fenen in den OSZE-Teilnehmerstaaten.
2. Gesetzgeberische Maßnahmen 2.1 Prüfung der Notwendigkeit, Gesetze zu erlassen, die die Rechtsgrundlage für die Hilfe und den Schutz für die vom Menschenhandel Betroffenen schaffen, insbesondere während der Ermittlun- gen im Rahmen des Untersuchungsverfahrens und im Gerichtsverfahren. 2.2 Beitritt zum oder Ratifikation und vollständige Umsetzung des Protokolls der Vereinten Nationen zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, in Ergänzung des Übereinkommens der Vereinten Nationen über die grenzüberschreitende organisierte Kriminalität.
3. Nationale Leitsysteme für die Betreuung der vom Menschenhandel Betroffene.* 3.1 Schaffung Nationaler Leitsysteme als Rahmen für die Zusammenarbeit, in dem die Teilneh- merstaaten ihren Verpflichtungen zum Schutz und zur Förderung der Menschenrechte der vom Menschenhandel Betroffenen in Koordination und strategischer Partnerschaft mit der Zivilgesell- schaft und anderen in diesem Bereich tätigen Akteuren nachkommen. 3.2 Bereitstellung von Beratung zur Erleichterung der korrekten Feststellung der Identität und des richtigen Umgangs mit den Betroffenen auf eine Art und Weise, die die Einstellung und Würde der betreffenden Personen achtet. 3.3 Gemeinsame Bemühungen der Strafverfolgungsstellen einschließlich eigens eingerichteter Dienststellen für Menschenhandel und der örtlichen Polizei, der Migrations- und Grenzschutz- beamten, sozialer und medizinischer Einrichtungen sowie von NROs und anderen Institutionen der Zivilgesellschaft als den wichtigsten in die Arbeit der Nationalen Leitsysteme einzubinden- den Akteuren. 3.4 Einrichtung geeigneter Mechanismen zur Abstimmung der Hilfe für die Betroffenen auf die Bemühungen der Untersuchungs- und Strafverfolgungsstellen. 3.5 Besondere Betonung der Notwendigkeit einer verstärkten Zusammenarbeit zwischen der Poli- zei und NROs bei der Identitätsfeststellung, der Information und dem Schutz der vom Menschen- handel Betroffenen. 3.6 Verknüpfung der Tätigkeit der Nationalen Leitsysteme mit der Arbeit ministe-rienübergrei- fender Gremien, nationaler Koordinatoren, NROs und anderer einschlägiger nationaler Institutio- nen zu einem sektorenübergreifenden und multidisziplinären Team, das in der Lage ist, Konzepte gegen den Menschenhandel auszuarbeiten und deren Umsetzung zu überwachen.
* Das Handbook on Guidelines and Principles to Design and Implement National Referral Mechanisms des BDIMR kann als nützlicher Ratgeber und Informationsquelle bezüglich der Rolle Nationaler Leitsysteme für die Ertei- lung von Hilfe und Schutz für die vom Menschenhandel Betroffenen dienen).
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4. Geschützte Unterkünfte 4.1 Einrichtung von durch staatliche Stellen, NROs oder andere zivilgesellschaftliche Institutionen geführten geschützten Unterkünften, die den Bedürfnissen der vom Menschenhandel Betroffenen entgegenkommen; diese geschützten Unterkünfte sollen Sicherheit, Zugang zu unabhängiger Bera- tung in einer für die Betroffenen verständlichen Sprache, direkte medizinische Hilfeleistung und die Möglichkeit einer Überlegungsfrist nach der traumatischen Erfahrung bieten. Die geschütz- ten Unterkünfte können in bereits bestehenden Einrichtungen wie etwa Krisenzentren für Frauen untergebracht werden. 4.2 Ermöglichung des Zugangs zu geschützten Unterkünften für alle vom Menschenhandel Betrof- fenen unabhängig davon, ob sie bereit sind, bei den Ermittlungen mit den Behörden zusammen- zuarbeiten. 4.3 Besondere Aufmerksamkeit ist darauf zu richten, dass die Sicherheit des Personals in diesen geschützten Unterkünften, die Geheimhaltung der erhaltenen Informationen und der Schutz und die Privatsphäre der Betroffenen gewährleistet sind. 4.4 Die Nutzung von geschützten Unterkünften zur Bereitstellung von solchen Ausbildungsmög- lichkeiten für die Betroffenen, die ihnen eine spätere Wiedereingliederung, Beschäftigung und Unabhängigkeit sowie eine Verbesserung ihrer Wettbewerbsfähigkeit nach der traumatischen Erfahrung erleichtern.
5. Aushändigung von Dokumenten 5.1 Gewährleistung der Aushändigung von Dokumenten, falls erforderlich, als erster Schritt zur Klärung der Identität und der Rechtsstellung der Betroffenen in den Zielländern, durch die sich weitere Möglichkeiten für Hilfe in geeigneten Fällen ergeben, wie etwa die vorzugsweise freiwil- lige Rückführung, die Ausstellung einer befristeten oder unbefristeten Aufenthaltsgenehmigung bzw. die Legalisierung eines Arbeitsverhältnisses. 5.2 Verstärkung der Zusammenarbeit zwischen den Strafvollzugsstellen in den Herkunfts-, Tran- sit- und Zielländern und den zuständigen Beamten aller Institutionen, die an der Wiederherstel- lung der Rechte der Betroffenen beteiligt sind, einschließlich des Personals von Botschaften und Konsulaten der Teilnehmerstaaten, um die rasche Überprüfung der Personendaten und die Ver- meidung einer ungebührlichen oder unangemessenen Verzögerung zu erleichtern. 5.3 Unterrichtung der vom Menschenhandel Betroffenen, deren Identität festgestellt wurde, über ihr Recht auf Zugang zu diplomatischen und konsularischen Vertretern des Landes, dessen Staats- angehörigkeit sie besitzen.
6. Leistung sozialen Beistands 6.1 Entwicklung von Programmen für soziale Unterstützung und Integration einschließlich Rechts- beratung in einer für die Betroffenen verständlichen Sprache, medizinische und psychologische Hilfe und Zugang zum Gesundheitswesen, die entweder in den geschützten Unterkünften oder in anderen einschlägigen Institutionen zur Verfügung gestellt werden. 6.2 Prüfung rechtlicher Maßnahmen – sofern dies nicht innerstaatlichen Rechtsvorschriften zuwi- derläuft -, damit eingezogene Vermögenswerte als Zuschuss zur staatlichen Finanzierung von Programmen für die Bedürfnisse der vom Menschenhandel Betroffenen und zur Entschädigung der Betroffenen je nach Schwere des an ihnen verübten Verbrechens verwendet werden können.
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7. Rückführung, Rehabilitation und Wiedereingliederung 7.1 Hilfe für die vom Menschenhandel Betroffenen bei der – vorzugsweise – freiwilligen Rückfüh- rung in ihr Herkunftsland, unter gebührender Berücksichtigung der Sicherheit ihrer Person und ihrer Familie und ohne ungebührliche oder unangemessene Verzögerung. 7.2 Gewährleistung eines ordnungsgemäßen Verfahrens in allen Rückkehr- und Rückführungs- angelegenheiten unter Beachtung humanitärer Gesichtspunkte und eines einfühlsamen Vorgehen. 7.3 Erwägung, zur Rehabilitation und Wiedereingliederung der Betroffenen in die Gesellschaft durch die Gewährung sozialer und wirtschaftlicher Leistungen beizutragen. 7.4 Verstärkte Sensibilisierung der Medien für die Notwendigkeit des Schutzes der Privatsphäre, indem sie auf die öffentliche Preisgabe der Identität der vom Menschenhandel Betroffenen oder die Veröffentlichung vertraulicher Informationen verzichten, durch die die Sicherheit der Betrof- fenen oder der Gang der Justiz im Strafprozess gefährdet wird.
8. Gewährung einer Überlegungsfrist und befristeter oder unbefristeter Aufenthaltsbewilligungen 8.1 Erwägung der Einführung einer Überlegungsfrist, um den Betroffenen aus-reichend Zeit für die Entscheidung zu geben, ob sie als Zeugen aussagen wollen oder nicht. 8.2 Erwägung von Fall zu Fall, gegebenenfalls befristete oder unbefristete Aufenthaltsbewilligun- gen auszustellen, wobei Faktoren wie die potenzielle Gefährdung der Sicherheit der Betroffenen zu berücksichtigen sind. 8.3 Gegebenenfalls Erwägung, den Betroffenen Arbeitsbewilligungen für die Dauer ihres Aufent- halts im Aufnahmeland zu erteilen.
9. Gewährleistung des Rechts, einen Asylantrag zu stellen 9.1 Gewährleistung, dass Gesetze, Politiken, Programme und Interventionen nicht das Recht aller einschließlich der vom Menschenhandel Betroffenen einschränken, Asyl vor Verfolgung im Ein- klang mit dem internationalen Flüchtlingsrecht, insbesondere durch die wirksame Anwendung des Prinzips des non-refoulement, zu beantragen und zu erhalten.
10. Schutz von Kindern 10.1 Gewährleistung, dass die besonderen Bedürfnisse von Kindern und das Kindeswohl bei der Entscheidung über die angemessene Unterkunft, Bildung und Betreuung vollständig berücksich- tigt werden. In geeigneten Fällen, wenn die Sicherheit des Kindes nicht direkt bedroht ist, Ermög- lichung des Zugangs der Kinder zum staatlichen Bildungswesen. 10.2 Entscheidung über die Rückführung eines Kindes, das Opfer des Menschenhandels wurde, erst nach Berücksichtigung aller Umstände des konkreten Falles und falls es im Herkunftsland eine Familie oder Sondereinrichtung gibt, um die Sicherheit, den Schutz, die Rehabilitation und die Wiedereingliederung des Kindes zu gewährleisten. 10.3 Berücksichtigung der in den Richtlinien des Hohen Flüchtlingskommissars der Vereinten Nationen für den Schutz unbegleiteter Minderjähriger angeführten Bestimmungen bei der Aus- arbeitung von Politiken für diese Risikogruppe und insbesondere für jene, die keine Identitäts- ausweise besitzen. 10.4 Anwendung bilateraler bzw. regionaler Vereinbarungen über die Grundprinzipien der guten Aufnahme unbegleiteter Kinder, um die auf den Schutz der Kinder ausgerichteten Bemühungen zu vereinen.
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10.5 Ratifikation oder Beitritt zum Fakultativprotokoll zum Übereinkommen über die Rechte des Kindes betreffend den Verkauf von Kindern, die Kinderprostitution und die Kinderpornografie und dessen vollständige Umsetzung.
Maßnahmen von OSZE-Institutionen und -Gremien
11. Nationale Leitsysteme für die Betreuung der vom Menschenhandel Betroffenen 11.1 Intensivierung der Aktivitäten der OSZE, insbesondere des BDIMR, um die Teilnehmerstaa- ten auf deren Ersuchen bei der Einrichtung Nationaler Leitsysteme zu unterstütze. 11.2 Beauftragung der OSZE-Gruppe für strategische Polizeiangelegenheiten, gemeinsam mit dem BDIMR Richtlinien oder ein Handbuch für die Feststellung der Identität vermutlicher Betroffe- ner und der Beweise von Menschenhandel weiter zu entwickeln, um den Teilnehmerstaaten bei Bedarf Hilfestellung zu leisten.
12. Wiedereingliederung 12.1 Das Büro des Koordinators für ökonomische und ökologische Aktivitäten der OSZE wird die Aufnahme von Kontakten zwischen öffentlichen und privaten Akteuren erleichtern, um die Wirt- schaft dazu zu ermutigen, den vom Menschenhandel Betroffenen Arbeitsmöglichkeiten anzubieten.
13. Schutz von Kindern 13.1 Die OSZE insgesamt wird der Frage des Kinderhandels und der Anerkennung der Schutz- würdigkeit unbegleiteter Kinder besondere Aufmerksamkeit widmen. Es sollten Bemühungen unternommen werden, um die Zusammenarbeit mit internationalen Fachorganisationen, insbe- sondere dem Kinderhilfswerk der Vereinten Nationen und einschlägigen internationalen NROs, bezüglich Expertentreffen, Forschung und der Entwicklung von Leitlinien zur Förderung des Kin- deswohls auszubauen.
14. Aus- und Fortbildung 14.1 Beauftragung des Ausbildungskoordinators, der Leitenden Beraterin für Gleichbehandlungs- fragen und des Leitenden Sicherheitskoordinators der OSZE, in Zusammenarbeit mit dem BDIMR in Beantwortung von Ersuchen entweder durch Einzelpersonen oder durch staatliche und nicht- staatliche Gremien Informationsmaterial zu erstellen, wie den vom Menschenhandel Betroffenen, insbesondere Kindern, geholfen werden kann, und Mitarbeitern von OSZE-Missionen eine ein- schlägige Ausbildung anzubieten. Das Material könnte auch an Militärangehörige, Friedenstrup- pen und andere vor Ort tätige internationale Mitarbeiter weitergegeben werden. 14.2 Beauftragung des BDIMR mit der Sammlung und Verbreitung von Informationen über die in OSZE-Teilnehmerstaaten bereits vorhandenen Ausbildungsprogramme und -unterlagen.
15. Gesetzgeberische Maßnahmen 15.1 Das BDIMR wird in Koordination mit dem Büro der Vereinten Nationen für Drogen- und Verbrechensbekämpfung, dem Europarat und anderen einschlägigen Akteuren den Teilnehmer- staaten auf deren Ersuchen weiterhin dabei behilflich sein, ihre innerstaatliche Gesetzgebung mit internationalen Normen und Standards in Einklang zu bringen, insbesondere durch die Förde- rung humanitärer Gesichtspunkte und einer einfühlsamen Vorgehensweise im Umgang mit den vom Menschenhandel Betroffenen.
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VI. Mechanismen für Folgemaßnahmen und Koordination
Neben der Überwachung der Umsetzung der OSZE-Verpflichtungen durch die Teilnehmerstaaten mittels bestehender OSZE-Mechanismen einschließlich des Jährlichen Implementierungstreffens zur menschlichen Dimension, der Überprüfungskonferenzen und einschlägiger Veranstaltungen zur menschlichen Dimension empfiehlt der Ständige Rat folgende Maßnahmen auf nationaler Ebene:
1. die Bestellung nationaler Berichterstatter oder die Einrichtung anderer Mechanismen zur Über- wachung der Aktivitäten zur Bekämpfung des Menschenhandels durch staatliche Institutionen sowie der Umsetzung der Auflagen innerstaatlicher Rechtsvorschriften zu erwägen;
2. die Einrichtung von Kommissionen zur Bekämpfung des Menschenhandels (Task Forces) oder ähnlicher Gremien zu erwägen, die für die Koordinierung der Aktivitäten staatlicher Stellen und von NROs in einem Land sowie für die Ausarbeitung von Maßnahmen zur Verhütung des Men- schenhandels, zur Bestrafung der Täter und zum Schutz der Betroffenen zuständig sind;
3. die Zusammenarbeit zwischen staatlichen Institutionen und nationalen NROs zu verbessern, die im Bereich des Schutzes und der Hilfe für die vom Menschenhandel Betroffenen, der Bekämp- fung der Gewalt gegen Frauen und Kinder, der Förderung von Gleichberechtigung zwischen den Geschlechtern und der Aufklärung in Menschenrechtsfragen aktiv sind;
Der Ständige Rat beschließt darüber hinaus:
4. den Vorsitz zu beauftragen, Erörterungen über Folgemaßnahmen zu diesem Aktionsplan abzu- halten, einschließlich der Verstärkung bestehender Strukturen, und die Notwendigkeit eines neuen Mechanismus zur Intensivierung der Bemühungen der OSZE im Kampf gegen den Menschenhan- del zu prüfen, indem ihr in dieser Frage stärkeres politisches Profil und eine führende Rolle zuge- wiesen werden, sowie die Arbeit zwischen den drei Dimensionen der OSZE besser zu koordinieren;
5. die einschlägigen OSZE-Einrichtungen damit zu beauftragen, zur Überwachung des Umset- zungsverfahrens für den OSZE-Aktionsplan in Wien jährliche Treffen der nationalen Koordina- toren, Beauftragten bzw. Experten für den Menschenhandel auszurichten und zu erleichtern. Dies wird ihnen Gelegenheit zum Aufbau von Netzwerken, zum Informationsaustausch und zur Fest- legung der Prioritäten für die Zusammenarbeit geben;
6. mit Nachdruck die Fortführung der engen Zusammenarbeit zwischen dem Sekretariat, den Ins- titutionen und Feldeinsätzen der OSZE zu fordern, um die Teilnehmerstaaten bei der Umsetzung des aktuellen Aktionsplans gegebenenfalls zu unterstützen;
7. das BDIMR zu beauftragen, den Teilnehmerstaaten die für die Entwicklung innerstaatlicher Akti- onspläne zur Bekämpfung des Menschenhandels notwendige technische Hilfestellung zu erteilen, darunter auch gesetzgeberische und sonstige unterstützende Maßnahmen zur wirksamen Verhü- tung und Bekämpfung des Menschenhandels und zum Schutz der Betroffenen;
8. die OSZE-Institutionen und -Gremien zu beauftragen, mit den einschlägigen internationalen Organisationen in größerem Umfang regelmäßig Informationen auszutauschen, Daten zu sam- meln und Forschung zu betreiben;
9. das BDIMR zu beauftragen, seine Funktion als Clearingstelle für den Austausch von Informa- tionen, Kontakten, Material und bewährten Praktiken auszubauen und seine Projektaktivitäten zu verstärken.
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Beschluss Nr. 3/03
Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet
Der Ministerrat,
im Bekenntnis zur Achtung der Menschenrechte und Grundfreiheiten für alle, ohne irgendeine nachteilige Unterscheidung, wie etwa nach Rasse, Hautfarbe, Geschlecht, Sprache, Religion oder Überzeugung, politischer und sonstiger Anschauung, nationaler oder sozialer Herkunft, nach Eigentum, Geburt oder sonstigen Umständen,
in Befürwortung der Verabschiedung und Umsetzung umfassender Antidiskriminierungsgesetze zur Förderung der vollen Chancengleichheit für alle,
in Anerkennung der besonderen Schwierigkeiten, mit denen Roma und Sinti konfrontiert sind, sowie der Notwendigkeit, wirksame Maßnahmen zu ergreifen, um ihrer Diskriminierung ein für alle Mal ein Ende zu bereiten und Chancengleichheit in Übereinstimmung mit den OSZE-Ver- pflichtungen zu verwirklichen,
in Anerkennung der Tatsache, dass in den nationalen Rechtsvorschriften und in Aktionsprogram- men Fortschritte erzielt wurden und dass die Teilnehmerstaaten in dieser Hinsicht beträchtliche Anstrengungen unternommen haben,
jedoch auch in dem Bewusstsein, dass weitere entschlossene Maßnahmen notwendig sind, um die Lage der Roma und Sinti in der gesamten OSZE-Region zu verbessern,
in Kenntnis der großen kulturellen, sprachlichen und historischen Vielfalt unter den Roma und Sinti im OSZE-Gebiet sowie der Vielfalt nationaler Strukturen und Traditionen im OSZE-Gebiet,
in Kenntnis der Ergebnisse der wichtigen staatlichen und nichtstaatlichen Konferenzen und Ini- tiativen der jüngsten Zeit zu Fragen der Roma und Sinti in Europa, darunter die Ausrufung einer Dekade der Roma-Mitsprache und die mögliche Schaffung eines Europäischen Forums für Roma und Traveller,
in der Überzeugung, dass Roma und Sinti immer mehr Eigenverantwortung für die sie betreffen- den politischen Strategien übernehmen sollten,
beschließt, den vom Ständigen Rat mit Beschluss Nr. 566 vom 27. November 2003 verabschiede- ten und diesem Beschluss beigefügten Aktionsplan zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet zu billigen.
Anhang zu Beschluss Nr. 3/03
Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet
I. Umfang und Ziele
1. Der Aktionsplan dient dem Zweck, die Teilnehmerstaaten sowie die einschlägigen OSZE-Ins- titutionen und -Strukturen zu veranlassen, durch verstärkte Anstrengungen sicherzustellen, dass
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Roma und Sinti an unserer Gesellschaft uneingeschränkt und gleichberechtigt teilnehmen kön- nen und dass ihre Diskriminierung ein für alle Mal beseitigt wird.
2. Der Aktionsplan basiert auf dem rechtlichen Rahmen internationaler und regionaler menschen- rechtlicher Regelungen, bestehenden OSZE-Verpflichtungen und nachahmenswerten Beispielen aus Ländern in ganz Europa, die solche bewährten Praktiken eingeführt haben, und soll mithel- fen, solche Praktiken auch in anderen Ländern einzuführen. Die im Aktionsplan vorgesehenen Sondermaßnahmen zur Verbesserung der Lage der Roma und Sinti beruhen auf dem Internatio- nalen Übereinkommen zur Beseitigung jeder Form von Rassendiskriminierung.*
3. Sowohl die Teilnehmerstaaten als auch die OSZE-Institutionen sind aufgerufen, den Aktions- plan umzusetzen. Die Roma- und Sinti-Gemeinschaften in den Teilnehmerstaaten werden einge- laden, die Bestimmungen des Aktionsplans zu nutzen und aktiv zu ihrer Umsetzung beizutragen.
II. Allgemeiner Kontext: für Roma, mit Roma
4. Die Politik oder Umsetzungsstrategie jedes einzelnen Staates sollte: (1) auf die echten Probleme, Bedürfnisse und Prioritäten der Roma- und Sinti-Gemeinschaften eingehen, (2) umfassend sein, (3) ausgewogen und nachhaltig auf die Verbindung der menschenrechtlichen Ziele mit der Sozialpo- litik achten und (4) die Roma so weitgehend wie möglich in die Politik, die sie betrifft, einbinden. Gleichzeitig sollte die nationale Politik oder Umsetzungsstrategie auf die speziellen Bedürfnisse der Roma- und Sinti-Bevölkerung in besonderen Situationen in den Teilnehmerstaaten abgestellt und auch in diesem Sinn umgesetzt werden. Die Umsetzungsstrategien sollten auch Mechanis- men beinhalten, die gewährleisten, dass die nationale Politik auf lokaler Ebene umgesetzt wird.
5. Die Teilnehmerstaaten und einschlägigen OSZE-Institutionen sollten sich in ihren Bemühun- gen vom Grundsatz leiten lassen, dass jede Politik und Umsetzungsstrategie unter aktiver Mit- wirkung der Roma- und Sinti-Gemeinschaften ausgearbeitet und umgesetzt werden sollte. Es ist von größter Bedeutung, dass Roma und Sinti an allen Entscheidungen, die ihr Leben betreffen, maßgeblich mitwirken. Roma und Sinti sollten Hand in Hand mit lokalen, nationalen und inter- nationalen Behörden an der Entwicklung dieser Strategien arbeiten. Roma-Gemeinschaften soll- ten außerdem gleichberechtigte Partner sein und die Verantwortung für die Verbesserung ihrer Lebensumstände mittragen.
6. Bei der Gestaltung und Umsetzung aller politischen Maßnahmen und Programme sollte auf die besondere Lage der Roma- und Sinti-Frauen Rücksicht genommen werden. Wo es beratende und andere Mechanismen gibt, die die Mitwirkung der Roma und Sinti an solchen politischen Ent- scheidungsprozessen erleichtern, sollten Frauen gleichberechtigt mit Männern mitarbeiten können. Roma-Frauen betreffende Fragen sollten systematisch in allen einschlägigen politischen Konzep- ten, die für die gesamte Bevölkerung bestimmt sind, berücksichtigt werden.
* Artikel I Absatz 4 lautet: „Sondermaßnahmen, die einzig zu dem Zweck getroffen werden, eine angemessene Entwicklung bestimmter Rassengruppen, Volksgruppen oder Personen zu gewährleisten, die Schutz benötigen, soweit ein solcher erforderlich ist, damit sie die Menschenrechte und Grundfreiheiten gleichberechtigt genie- ßen und ausüben können, gelten nicht als Rassendiskriminierung, sofern diese Maßnahmen nicht die Beibe- haltung getrennter Rechte für verschiedene Rassengruppen zur Folge haben und sofern sie nicht fortgeführt werden, nachdem die Ziele, um derentwillen sie getroffen wurden, erreicht sind.”
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III. Bekämpfung von Rassismus und Diskriminierung
Um Vorurteilen gegenüber Roma und Sinti entgegenzuwirken und wirksame grundsatzpolitische Konzepte zur Bekämpfung von Diskriminierung und rassischer Gewalt auszuarbeiten und umzu- setzen, werden folgende Maßnahmen empfohlen:
Gesetzgebung und Rechtsdurchsetzung
Den Teilnehmerstaaten wird empfohlen:
7. zu erwägen, die einschlägigen internationalen Verträge, unter anderem das Internationale Über- einkommen zur Beseitigung jeder Form von Rassendiskriminierung, ehestmöglich zu ratifizieren, sofern dies noch nicht geschehen ist.
8. wirksame Antidiskriminierungsgesetze zur Bekämpfung von rassisch und ethnisch motivier- ter Diskriminierung in allen Bereichen zu verabschieden und umzusetzen, etwa unter anderem in Bezug auf Zugang zu Wohnraum, Staatsangehörigkeit und Aufenthaltsrecht, Bildung, Arbeits- markt, Gesundheitswesen und soziale Dienste; Roma- und Sinti-Vertreter in die Gestaltungs-, Implementierungs- und Evaluierungsprozesse einzubeziehen.
9. darauf zu achten, dass die Antidiskriminierungsgesetze Folgendes enthalten: • das Verbot sowohl der direkten als auch der indirekten Rassendiskriminierung • die Verhängung wirksamer, angemessener und abschreckender Sanktionen für diskriminie- rende Handlungen und Praktiken • die Verhängung härterer Strafen für rassisch motivierte Straftaten sowohl von Privat-personen als auch von Angehörigen des öffentlichen Dienstes • gleichberechtigten Zugang zu wirksamen Rechtsbehelfen (Gerichts-, Verwaltungs-, Schlich- tungs- oder Vermittlungsverfahren).
10. dafür zu sorgen, dass die nationalen Rechtsvorschriften jede Art von diskriminierender Hand- lung untersagen und dass alle Verdachtsfälle von Diskriminierung eingehend und objektiv unter- sucht werden.
11. gegebenenfalls Sondereinrichtungen zur Durchsetzung solcher Gesetze zu schaffen und inner- staatliche Mechanismen zur Überwachung und regelmäßigen Berichterstattung einzuführen, die Einblick in die Fortschritte bei der Umsetzung der Rechtsvorschriften geben; Roma- und Sinti-Ver- treter zur Teilnahme in solchen Gremien aufzurufen, deren Arbeit öffentlich zugänglich sein sollte.
12. wo nötig, umfassende nationale Strategien oder Aktionspläne zur Verbesserung der Lage der Roma und Sinti zu entwickeln, die auch spezielle Maßnahmen zum Vorgehen gegen Diskriminie- rung in allen Lebensbereichen vorsehen.
13. die Ergebnisse dieser Strategien, insbesondere auf lokaler Ebene, regelmäßig zu bewerten und die Roma- und Sinti-Gemeinden in den Evaluierungsprozess einzubeziehen.
14. danach zu trachten, die Beziehungen zwischen den Roma und Sinti und allen anderen Bürgern durch die Förderung eines echten Dialogs oder von Konsultationen oder durch andere geeignete Mittel zu verbessern, um Toleranz zu fördern und Vorurteile und negative Rollenbilder auf bei- den Seiten zu überwinden.
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15. alle Arten und maßgeblichen Fälle von Diskriminierung unter Beachtung der nationalen und internationalen Datenschutzstandards zu dokumentieren, um die Lage der Roma und Sinti bes- ser beurteilen und ihren Bedürfnissen entsprechen zu können,
16. dafür zu sorgen, dass Gewalthandlungen gegen Roma und Sinti entschlossen und wirksam untersucht werden, vor allem wenn Verdachtsgründe vorliegen, dass die Taten rassisch motiviert waren, und die Täter gemäß dem innerstaatlichen Recht und den einschlägigen Menschenrechts- standards strafrechtlich zu verfolgen,
17. zu gewährleisten, dass die Urheber diskriminierender oder gewalttätiger Handlungen nicht ungestraft bleiben, unter anderem durch rasche und wirksame Ermittlung und Bestrafung durch die Polizei,
18. den Zugang der Roma und Sinti zu den Gerichten durch Maßnahmen wie Rechtshilfe und Bereitstellung von Informationen in Romani zu erleichtern,
19. in allen Maßnahmen und Programmen auf die Lage der Roma- und Sinti-Frauen Bedacht zu nehmen, die oft sowohl aufgrund ihrer ethnischen Zugehörigkeit als auch ihres Geschlechts Opfer von Diskriminierung werden. Den OSZE-Institutionen und -Strukturen werden folgende Maß- nahmen empfohlen:
20. Das BDIMR und gegebenenfalls andere OSZE-Institutionen und -Strukturen, einschließlich der OSZE-Feldeinsätze, werden den Teilnehmerstaaten auf deren Ersuchen bei der Ausarbeitung von Antidiskriminierungsgesetzen sowie bei der Einrichtung von Antidiskriminierungsstellen behilflich sein.
21. Der HKNM wird im Rahmen seines Mandats die Entwicklung der Antidiskriminierungsgesetze beobachten und die Teilnehmerstaaten gegebenenfalls diesbezüglich beraten und unterstützen.
22. Das BDIMR wird die Teilnehmerstaaten auf Ersuchen dabei beraten, wie ihre bestehenden Ein- richtungen wie Volksanwaltschaften, Kommissionen zur Bekämpfung von Diskriminierung, Dis- ziplinarkommissionen der Polizei und andere einschlägige Gremien zum Abbau der Spannungen zwischen den Roma und Sinti und Nicht-Roma-Gemeinden beitragen können.
23. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird sich für eine Verbesserung der Beziehungen zwischen nichtstaatlichen Organisationen der Roma und Sinti und den Teilneh- merstaaten einsetzen.
24. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird als Clearing-Stelle für Ini- tiativen der Teilnehmerstaaten agieren und den Informationsaustausch über bewährte Praktiken erleichtern.
25. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird in enger Zusammenarbeit mit den Teilnehmerstaaten, Roma- und Sinti-Gemeinden und nach Möglichkeit auch mit ande- ren internationalen Organisationen sowie unter voller Achtung der Datenschutzgesetze Doku- mentationsmaterial sammeln, das die Entwicklung gezielterer politischer Maßnahmen ermöglicht.
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Polizei
Den Teilnehmerstaaten wird empfohlen:
26. politische Konzepte zu entwickeln, die den Strafverfolgungsinstitutionen die Lage der Roma und Sinti verstärkt zu Bewusstsein bringen und die Vorurteilen und negativen Rollenbildern ent- gegenwirken,
27. Ausbildungsprogramme zu entwickeln, um unangemessene Gewaltanwendung zu verhindern, das Bewusstsein für die Menschenrechte zu heben und deren Achtung zu fördern.
28. politische Konzepte zu entwickeln, die darauf abzielen: (1) die Beziehungen zwischen den Roma- und Sinti-Gemeinden und der Polizei zu verbessern, um Übergriffe und Gewalt gegen Roma und Sinti zu verhindern, und (2) das Vertrauen der Roma und Sinti in die Polizei zu stärken,
29. politische Konzepte sowie Verfahren zu entwickeln, um ein wirksames Vorgehen der Polizei im Fall rassisch motivierter Gewalt gegen Roma und Sinti zu gewährleisten.
30. im Einvernehmen mit den nationalen Polizeikräften, NROs und Vertretern der Roma- und Sinti-Gemeinden zu prüfen, inwieweit die derzeit geübte nationale Praxis von den internationa- len Polizeistandards abweicht,
31. in enger Partnerschaft mit internationalen Organisationen und Roma-NROs gegebenenfalls poli- tische Erklärungen, Verhaltenskodizes, Praxisratgeber und Schulungsprogramme auszuarbeiten,
32. Roma und Sinti zu ermutigen, als nachhaltige Methode zur Förderung von Toleranz und Viel- falt in Strafverfolgungseinrichtungen mitzuarbeiten.
Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:
33. Die Gruppe für strategische Polizeiangelegenheiten und das BDIMR werden den Teilnehmer- staaten bei der Erarbeitung von Programmen und vertrauensbildenden Maßnahmen – wie bür- gernahe Polizeiarbeit – behilflich sein, die die Beziehungen zwischen den Roma und Sinti und
der Polizei insbesondere auf lokaler Ebene verbessern. 34. Die Kontaktstelle des BDIMR für Fra- gen der Roma und Sinti und die Gruppe für strategische Polizeiangelegenheiten werden im Rah- men ihrer jeweiligen Mandate eine Sammlung „bewährter Polizeipraktiken“ in der OSZE-Region zum Thema Polizeiarbeit und Roma- und Sinti-Gemeinden zusammenstellen.
35. Der HKNM, die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und die Gruppe für strategische Polizeiangelegenheiten werden den Teilnehmerstaaten dabei behilflich sein, Verhal- tenskodizes zur Verhütung rassebezogener Klischees und zur Verbesserung interethnischer Bezie- hungen auszuarbeiten.
Massenmedien
Den Teilnehmerstaaten wird empfohlen:
36. Informations- und Aufklärungsfeldzüge durchzuführen, um Vorurteile gegen Roma und Sinti und negative stereotype Vorstellungen von ihnen zu bekämpfen,
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37. im Interesse der freien Meinungsäußerung zur Ausbildung von Roma- und SintiJournalisten und zu ihrer Beschäftigung in Medienunternehmen anzuregen, um einen breiteren Zugang der Roma und Sinti zu den Medien zu ermöglichen.
38. die Medien zu ermutigen, positive Aspekte des Roma-Lebens aufzuzeigen und ein ausgewoge- nes Bild davon zu zeichnen, auf eine klischeehafte Darstellung der Roma und Sinti zu verzichten und es zu unterlassen, Spannungen zwischen verschiedenen Volksgruppen zu schüren; zur Förde- rung dieses Ziels Runde Tische zwischen Medienvertretern und Vertretern der Roma und Sinti zu veranstalten. Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:
39. Der Beauftragte für Medienfreiheit sollte in Zusammenarbeit mit dem BDIMR und einschlä- gigen internationalen Organisationen überlegen, auf welche Weise die OSZE zur Schaffung einer europäischen Roma-Rundfunkstation beitragen könnte, die in ganz Europa Sendungen ausstrahlt. Das BDIMR und der Medienbeauftragte sollten öffentliche Debatten, Antidiskriminierungskam- pagnen und gemeinsame Schulungsprogramme mit den Medien und für die Medien organisieren.
40. Der Medienbeauftragte sollte gegebenenfalls Schulungsseminare für RomaJournalisten erleich- tern.
41. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und der Medienbeauftragte wer- den mit Journalisten Runde Tische über das Bild der Roma- und Sinti-Gemeinschaften in der Gesellschaft veranstalten.
42. Der HKNM wird auch weiterhin Richtlinien für Entscheidungsträger betreffend die Nutzung der staatlichen Rundfunk- und Fernsehanstalten in multikulturellen Gemeinschaften ausarbeiten und verbreiten, damit unter anderem Minderheitensender, etwa auch der Roma und Sinti, unter- stützt werden und ihr Zugang zu den Medien verbessert wird.
IV. Behandlung sozioökonomischer Fragen
Es müssen Maßnahmen getroffen werden, um sicherzustellen, dass Roma und Sinti dieselben sozi- alen und wirtschaftlichen Rechte genießen wie andere. Vor allem Maßnahmen, die an der Basis ansetzen, insbesondere solche, die von Roma-Gruppen selbst ausgehen, sind nötig, um die Roma und Sinti in das soziale und wirtschaftliche Leben zu integrieren und ihre Isolierung und Armut zu bekämpfen. Die OSZE und ihre Teilnehmerstaaten sollten weiterhin diese Integration fördern.
Wohnungswesen und Lebensbedingungen
Den Teilnehmerstaaten wird empfohlen:
43. Mechanismen und institutionelle Verfahren einzuführen, um Rechte an Grund und Boden und sonstige Eigentumsrechte zu klären und die rechtliche Stellung von Roma und Sinti, die unter ungeklärten rechtlichen Verhältnissen leben, zu bereinigen (z. B. RomaGemeinden ohne Land- rechte oder deren Wohnviertel nicht in der Raumordnung der Hauptgemeinde verzeichnet sind; Familien und Häuser ohne rechtsgültigen Nutzungsbescheid in Siedlungen, in denen die Men- schen de facto seit Jahrzehnten leben).
44. Roma und Sinti in die Gestaltung der Wohnraumpolitik sowie in die Errichtung, Sanierung bzw. Erhaltung der für sie bestimmten öffentlichen Wohnungsbauprojekte einzubeziehen; sicherzustellen, dass Wohnungsbauprojekte nicht die Abschottung zwischen Volksgruppen bzw. Rassen fördern,
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45. zu überlegen, die Bürgschaft für Darlehen an Teilnehmerstaaten zu übernehmen, die internatio nale Organisationen und Finanzinstitutionen gegebenenfalls für Wohnungsbauprojekte zuguns- ten einkommensschwacher Bevölkerungsgruppen bereitstellen,
46. die Möglichkeit genossenschaftlicher Wohnungsbaupläne für Roma-Gemeinschaften zu för- dern und für die zur Erhaltung solcher Einrichtungen nötige Ausbildung zu sorgen. Den OSZE- Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:
47. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und das Büro des Koordinators für ökonomische und ökologische Aktivitäten der OSZE werden ermutigt, sich intensiver dafür einzusetzen, dass Informationen über Ressourcen verfügbar gemacht werden, die ausländische Geber für konkrete – insbesondere von Roma- und Sinti-Gruppen entwickelte – Projekte zur sozialen und wirtschaftlichen Entwicklung von Roma- und Sinti-Gemeinschaften bereitstellen, und dass diese Ressourcen leichter zugänglich sind. Arbeitslosigkeit und wirtschaftliche Probleme
Den Teilnehmerstaaten wird empfohlen:
48. eine stärkere Vertretung qualifizierter Roma und Sinti im öffentlichen Dienst anzustreben.
49. Ausbildungsprogramme auszuarbeiten, die unterrepräsentierte Gruppen wie die Roma und Sinti auf eine Beschäftigung in der kommunalen Verwaltung und in anderen Bereichen vorberei- ten, und politische Konzepte zu entwickeln, die die Beschäftigung der Absolventen dieser Pro- gramme als Beamte des öffentlichen Dienstes fördern,
50. die Auswirkungen subventionierter Beschäftigungsprogramme neu zu bewerten und dabei spe- ziell auf deren Bildungskomponenten zu achten, damit diese die Wettbewerbsfähigkeit der Roma und Sinti auf dem Arbeitsmarkt erhöhen,
51. politische Konzepte sowie Programme, auch für Berufsbildung, zu entwickeln, um die verwert- baren Kenntnisse und die Beschäftigungschancen von Roma und Sinti, insbesondere von jungen Leuten und Frauen, zu verbessern,
52. sozialpolitische Maßnahmen zu treffen, die die Suche nach einer Beschäftigung attraktiver machen, um die Abhängigkeit von Sozialleistungen auf Dauer zu verhindern.
Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:
53. Der Koordinator für ökonomische und ökologische Aktivitäten der OSZE wird auf Ersuchen der Teilnehmerstaaten gemeinsam mit einschlägigen internationalen Organisationen zur Entwick- lung von Konzepten zur Überwindung der Schwierigkeiten und der Diskriminierung beitragen, die Roma und Sinti daran hindern, ihr Potenzial im wirtschaftlichen Bereich voll auszuschöpfen.
54. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und der Koordinator für ökono- mische und ökologische Aktivitäten der OSZE werden die Entwicklung der Beschäftigungschancen und unternehmerischen Fähigkeiten der Roma und Sinti unterstützen, indem sie in den Teilneh- merstaaten Ausbildungs- und Umschulungsprogramme einrichten. Erfolgreiche Praktiken, ins- besondere hinsichtlich der Entwicklung unternehmerischer Fähigkeiten und kleiner und mittlerer Unternehmen (KMU) (z. B. das Seminarprogramm für Jungunternehmer) könnten an die Bedürf- nisse der Roma und Sinti angepasst werden. Der Koordinator für ökonomische und ökologische Aktivitäten der OSZE könnte auch mithelfen, dass sich Roma und Sinti verstärkt im wirtschaftli- chen und sozialen Bereich einbringen, indem er bei Partnerorganisationen und Finanzinstitutionen
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um Unterstützung für Mikrokreditprogramme in Form kleiner Darlehen für die Gründung klei- ner Unternehmen wirbt.
55. Der Koordinator für ökonomische und ökologische Aktivitäten der OSZE kann – in engem Kontakt und in Zusammenarbeit mit anderen internationalen Organisationen, um Arbeitsüber- schneidungen mit diesen zu vermeiden, – die Regierungen bei der Beurteilung der Auswirkungen wirtschaftspolitischer Maßnahmen und Prozesse auf Roma- und SintiGemeinden unterstützen (durch die Ausarbeitung von Indikatoren für die Wirksamkeit/ Beurteilung politischer Strategien).
56. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und der Koordinator für öko- nomische und ökologische Aktivitäten der OSZE werden anhand von Forschungsergebnissen des UNDP und anderer Organisationen die Bedürfnisse der Roma und Sinti ermitteln, um politische Strategien fördern zu können, die Art und Umfang ihrer speziellen Bedürfnisse in jedem Teilneh- merstaat berücksichtigen.
57. In Abstimmung mit einschlägigen internationalen Organisationen (insbesondere UNDP und Weltbank) werden die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und der Koordi- nator für ökonomische und ökologische Aktivitäten der OSZE prüfen, wie ein besserer Zugang der Roma und Sinti zu regulären Ausbildungsprogrammen erreicht werden kann. Es können auf die Bedürfnisse der Roma und Sinti zugeschnittene Workshops oder Diskussionen am Runden Tisch organisiert werden, in denen die Mitglieder der Gemeinschaft über die wirtschaftlichen und sozi- alen Rechte des Einzelnen und von Unternehmen informiert und unterrichtet werden.
Gesundheitswesen
Den Teilnehmerstaaten wird empfohlen:
58. sicherzustellen, dass Roma und Sinti ohne jede Diskriminierung Zugang zu Gesundheits- diensten haben,
59. das Bewusstsein des Personals der Gesundheitsdienste für die speziellen Bedürfnisse der Roma- und Sinti-Bevölkerung zu heben.
60. sich mit dem verstärkten Auftreten von Krankheit und Mangelernährung in RomaGemein- schaften zu befassen,
61. den frühzeitigen Zugang der Roma- und Sinti-Bevölkerung zu den allgemeinen Gesundheits- diensten zu fördern, indem sie: (a) die Roma und Sinti über die Verfügbarkeit solcher Dienste informieren und ihnen sagen, wie sie sie nützen können; (b) das Vertrauen der Roma und Sinti in die Einrichtungen des Gesundheitswesens stärken, unter anderem durch: Sanktionen in Fällen direkter oder indirekter Diskriminierung von Roma und Sinti, Schulung des Personals der Gesundheitsdienste im Verständnis für maßgebliche Aspekte der Roma-Kultur und Unterstützung von Mediatoren, die eine wichtige Rolle zur Überwindung der Kluft zwischen RomaGemeinschaften und Einrichtungen des Gesundheitswesens spielen können.
62. der Gesundheit von Frauen und Mädchen besondere Aufmerksamkeit zu schenken, unter anderem durch: (a) die Förderung bzw. Entwicklung von Informationsprogrammen zum Thema Gesundheit (ein- schließlich Ernährung, Säuglingspflege und Gewalt in der Familie usw.) und;
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(b) verbesserten Zugang zu gynäkologischer Betreuung, einschließlich Schwangerenberatung, Geburtshilfe und Betreuung nach der Geburt, unter anderem durch Information und Schulung.
63. speziell auf die Gesundheit von Roma- und Sinti-Kindern zu achten und zu diesem Zweck für geeignete pädiatrische Betreuung zu sorgen, einschließlich präventivmedizinischer Maßnahmen wie Impfaktionen in Roma-Siedlungen.
Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:
64. Das BDIMR wird gemeinsam mit anderen internationalen Organisationen und NROs anhand vorhandener Forschungsdaten die sozioökonomischen, politischen und kulturellen Faktoren ermit- teln die den Gesundheitszustand bestimmter Roma- und Sinti-Bevölkerungen beeinflussen, und die Teilnehmerstaaten in Bezug auf öffentliche Gesundheitsprogramme beraten, die auf den ermit- telten Bedarf abgestimmt sind.
65. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und gegebenenfalls andere OSZE- Institutionen und -Strukturen, einschließlich der OSZE-Feldeinsätze, werden die Teilnehmerstaa- ten bei der Einführung von Bildungsinitiativen unterstützen, die mithelfen sollen, dass die Roma und Sinti die regulären Gesundheitsdienste voll in Anspruch nehmen. Sie werden unter anderem einschlägige Informationen über bewährte Praktiken sammeln, zusammenstellen und verbreiten.
66. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird insbesondere gewährleis- ten, dass Roma und Sinti Zugang zu Programmen zur Verhinderung bzw. Behandlung von Dro- genmissbrauch und -abhängigkeit sowie von Aids und damit verbundenen Erkrankungen haben.
V. Verbesserung des Zugangs zu Bildung
Bildung ist eine Grundvoraussetzung für die gleichberechtigte Mitwirkung der Roma und Sinti am politischen, sozialen und wirtschaftlichen Leben ihres Landes. Wirksamen Sofortmaßnahmen in diesem Bereich, insbesondere Maßnahmen zur Förderung des Schulbesuchs und zur Bekämp- fung des Analphabetentums, sollte sowohl von Seiten der Entscheidungsträger als auch der Roma- und Sinti-Gemeinschaften höchste Priorität eingeräumt werden. Die Bildungspolitik sollte darauf abzielen, Roma und Sinti in das Regelschulwesen zu integrieren, indem ihnen auf allen Ebenen voller und gleichberechtigter Zugang gewährt wird, wobei im Hinblick auf kulturelle Unterschiede einfühlsam vorzugehen ist.
Den Teilnehmerstaaten wird empfohlen:
67. zu gewährleisten, dass das innerstaatliche Recht entsprechende Bestimmungen enthält, die Ras- sentrennung und Diskriminierung im Bildungswesen verbieten, und im Fall von Verstößen gegen diese Gesetze wirksame Abhilfe vorsieht,
68. Vertreter der Roma und Sinti bei der Gestaltung der sie betreffenden Bildungspolitik zu kon- sultieren.
69. im Bildungswesen die Chancengleichheit für Roma- und Sinti-Kinder aktiv zu fördern, insbe- sondere durch Bereitstellung sprachbezogener und sonstiger Hilfe,
70. konkrete Maßnahmen zur Verbesserung der Qualität und Effizienz der Ausbildung von Roma- und Sinti-Kindern zu ergreifen und zu einer verstärkten Vertretung von Roma und Sinti unter der Lehrerschaft zu ermutigen.
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71. die Geschichte und Kultur der Roma in Lehrbücher aufzunehmen, unter besonderer Berück- sichtigung des Leids der Roma und Sinti während des Holocaust,
72. Maßnahmen in Erwägung zu ziehen, um die Achtung, den Schutz und die Förderung des Romani und seiner Lehre sowie der Roma-Kultur als Bestandteil des kulturellen Erbes der Roma und Sinti zu gewährleisten.
73. umfassende Programme zur Aufhebung der Trennung nach ethnischen Kriterien im Schulwe- sen zu entwickeln und umzusetzen, mit dem Ziel: (1) die Praxis der systematischen Überstellung von Roma-Kindern in Sonderschulen oder Sonderklassen (z. B. Schulen für geistig Behinderte, eigene Schulen und Klassen für Roma- und Sinti-Kinder) abzustellen und (2) Roma-Kinder aus Sonderschulen in Regelschulen zu übernehmen,
74. finanzielle Mittel für die Überstellung der Roma-Kinder in das Regelschulwesen und für die Entwicklung schulischer Unterstützungsprogramme zur Erleichterung des Umstiegs in das Regel- schulwesen bereitzustellen.
75. den Zugang von Roma-Kindern zum Regelschulwesen durch folgende Maßnahmen zu erleich- tern: (a) entschiedenes Vorgehen gegen Manifestationen von Vorurteilen gegenüber Roma und Sinti in Schulen; (b) Schulung des Lehrpersonals in multikultureller Erziehung und in Möglichkeiten des Umgangs mit ethnisch gemischten Klassen; (c) Entwicklung von Strategien zur Mobilisierung der Öffentlichkeit gegen Trennung nach ethni- schen Kriterien in Schulen; (d) Unterstützung bei der Überwindung der Kluft zwischen Roma- und Sinti-Kindern und ande- ren Schülern, unter anderem durch Vorschulprogramme zur Vorbereitung der Roma- und Sinti- Kinder auf die Grundschule; (e) unterstützende Maßnahmen, um die Zahl der Mediatoren/Ausbilder und Lehrer, die Roma- Gemeinschaften entstammen, zu erhöhen.
76. antirassistische Lehrpläne für die Schulen und Antirassismus-Kampagnen für die Medien zu entwickeln und umzusetzen.
77. Strategien zu entwickeln, die die gesamte Bandbreite der Faktoren ansprechen, durch die Roma- und Sinti-Kinder vom Schulbesuch abgehalten werden, wobei unter anderem auch zu gewährleisten ist, dass Roma- und Sinti-Familien wie alle anderen Einwohner im Besitz der für die Anmeldung notwendigen Dokumente sind,
78. die Ausarbeitung sozialer Unterstützungsprogramme für einkommensschwache Roma-Fami- lien mit Kindern im schulpflichtigen Alter in Erwägung zu ziehen.
79. den regelmäßigen Schulbesuch der Roma- und Sinti-Kinder zu fördern, unter anderem durch die Einbindung von Familien- und Sozialmediatoren, Aufklärung der Eltern und der Gemeinde- ältesten unter den Roma und Sinti über ihre Pflicht, ihren Kindern den Schulbesuch zu ermög- lichen, und insbesondere durch gleichberechtigten Zugang zum Bildungswesen für Mädchen,
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80. besonders darauf zu achten, dass Roma- und Sinti-Mädchen im Hinblick auf ihre schulische und soziale Integration Chancengleichheit genießen, und Programme auszuarbeiten, um deren besonders hoher Schulabbruchsrate entgegenzuwirken.
81. die Entwicklung geeigneter Programme für Personen ohne Grundschulabschluss und Anal- phabeten in Erwägung zu ziehen,
82. bei Bedarf Stipendienprogramme für Roma-Studenten auszuarbeiten und diese zu einer ver- stärkten Teilnahme an bestehenden Stipendienprogrammen zu ermutigen.
83. die Vertrautheit von Roma und Sinti im Umgang mit dem Computer durch Einrichtung infor- mativer Internetseiten zu fördern.
84. die Bildungspolitik regelmäßig auf ihre Wirksamkeit zu überprüfen. Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:
85. er HKNM wird den Teilnehmerstaaten nahe legen, ihrer Verpflichtung, allen Mitgliedern der Gesellschaft freien und gleichberechtigten Zugang zum öffentlichen Bildungswesen zu bie- ten, nachzukommen und Maßnahmen zur Verbesserung der diesbezüglichen Lage der Roma und Sinti zu ergreifen.
86. Der HKNM wird weiterhin Anleitungen in Bezug auf Bildungsmodelle, Lehrplaninhalte sowie die Vermittlung von Kenntnissen der Muttersprache und den Unterricht in der Muttersprache, einschließlich des Romani, geben.
VI. Verstärkung der Teilnahme am öffentlichen und politischen Leben
Roma und Sinti stoßen in ihren Bemühungen um Teilnahme am öffentlichen – und insbesondere am politischen – Leben ihres Landes auf spezifische Schwierigkeiten. Ein niedriges Bildungsniveau und eine manchmal diskriminierende Haltung ihnen gegenüber tragen erheblich dazu bei, dass Roma und Sinti auf allen Verwaltungsebenen unterrepräsentiert sind. Roma und Sinti haben ein gleiches Recht auf Mitwirkung am öffentlichen Leben. Dazu zählt das aktive und passive Wahl- recht, die Mitsprache in öffentlichen Angelegenheiten und die Gründung politischer Parteien ohne Diskriminierung. Die in den letzten Jahren unternommenen Bemühungen um Förderung der politischen Mitsprache der Roma sollten Unterstützung finden, insbesondere jene, die aus den Roma-Gruppen selbst kommen.
Den Teilnehmerstaaten wird empfohlen:
87. sich aktiv darum zu bemühen, dass Roma und Sinti so wie alle anderen Einwohner im Besitz aller notwendigen Dokumente sind, insbesondere von Geburtsurkunden, Personalausweisen und Krankenversicherungsnachweisen, und bei der Lösung von Problemen im Zusammenhang mit dem Fehlen wichtiger Dokumente unbedingt mit Bürgerorganisationen der Roma und Sinti part- nerschaftlich zusammenzuarbeiten. 88. auf die folgenden Grundbedingungen für die Gewähr- leistung einer wirksamen Teilnahme der Roma und Sinti am öffentlichen und politischen Leben Bedacht zu nehmen: • Frühzeitige Einbindung: bei jeder Initiative in Bezug auf Roma und Sinti sollten diese in der Ent- wicklungs-, Implementierungs- und Evaluierungsphase so früh wie möglich eingebunden werden; • Mitsprache: Roma und Sinti sollten in formelle Konsultationsprozesse einbezogen werden, und die Wirksamkeit der Mechanismen, durch die ihnen die Mitgestaltung bei wichtigen politischen
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Initiativen ermöglicht wird, sollte durch ihre Mitsprache in einem breit angelegten repräsenta- tiven Prozess gewährleistet werden; • Transparenz: Programme und Vorschläge sollten rechtzeitig vor Ablauf von Entscheidungsfris- ten in Umlauf gebracht werden, um sinnvolle Analysen und Beiträge von Vertretern der Roma- und Sinti-Gemeinschaften zu ermöglichen; • Sinnvolle Beteiligung von Roma und Sinti auf allen Verwaltungsebenen: die Mitarbeit von Roma und Sinti in der lokalen Verwaltung ist eine wesentliche Voraussetzung für die wirksame Umset- zung der sie betreffenden politischen Strategien; • Eigenverantwortung: Roma und Sinti spielen eine wesentliche, ja unersetzliche Rolle, wenn gewährleistet werden soll, dass das Recht auf Teilnahme am politischen Geschehen auch in der Praxis wahrgenommen wird.
89. dafür zu sorgen, dass gewählte Amtsträger enge Arbeitsbeziehungen zu Roma- und Sinti- Gemeinschaften herstellen,
90. Mechanismen zu schaffen, die eine gleichberechtigte, direkte und offene Kommunikation zwi- schen Vertretern der Roma und Sinti und staatlichen Stellen gewährleisten, wozu auch Beiräte und Konsultativorgane gehören.
91. die Interaktion zwischen politischen Führern auf lokaler und nationaler Ebene und einzelnen Roma-Gruppen zu erleichtern,
92. Wahlaufklärung zu betreiben, um Roma zu einer verstärkten Teilnahme an Wahlen zu moti- vieren.
93. zu gewährleisten, dass Roma bei der Stimmabgabe frei entscheiden können und über den dafür nötigen Wissensstand verfügen,
94. Maßnahmen zu ergreifen, um die gleichberechtigte Ausübung des Wahlrechts durch Frauen zu garantieren, einschließlich der Durchsetzung des Verbots der Abgabe so genannter „Familien- stimmen“.
95. Roma und Sinti zu einem verstärkten Engagement in der öffentlichen Verwaltung zu ermutigen, bei Bedarf auch durch spezielle Maßnahmen zur Förderung ihrer Teilnahme am öffentlichen Dienst.
96. Roma und Sinti zu ermutigen, auf allen Verwaltungsebenen Ämter anzunehmen, die durch Wahlen oder Ernennung besetzt werden,
97. Roma und Sinti in die Lage zu versetzen, dass sie auf staatlicher und lokaler Ebene als gewählte Vertreter ihrer Gemeinschaft und als Bürger ihres Landes an Entscheidungsprozessen teilneh- men können.
98. die Teilnahme von Roma-Frauen am öffentlichen und politischen Leben zu fördern und Roma- Frauen in die Lage zu versetzen, gleichberechtigt mit Männern in konsultativen und anderen Mechanismen mitzuwirken, durch die ein breiterer Zugang zu allen Bereichen des öffentlichen und politischen Lebens ermöglicht werden soll. Den OSZE-Institutionen und -Strukturen wer- den folgende Maßnahmen empfohlen:
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99. Das BDIMR und gegebenenfalls andere OSZE-Institutionen und -Strukturen, einschließlich der OSZE-Feldeinsätze, werden Programme ausarbeiten, deren Ziel es ist, die für eine umfassende politische Mitsprache erforderliche Registrierung zu ermöglichen.
100. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti sollte an der Organisation von Schulungen für und durch Roma-NROs, einschließlich Medienorganisationen, mitwirken, durch die einer breiteren Roma-Öffentlichkeit demokratische Abläufe und Fragen der demokratischen Mitsprache näher gebracht werden sollen.
101. Das BDIMR und gegebenenfalls andere OSZE-Organisationen und -Strukturen, einschließ- lich der OSZE-Feldeinsätze, werden Programme zur Wählerschulung und Wählereintragung ent- wickeln und umsetzen.
102. Das BDIMR wird als Vermittler für die Weitergabe von Informationen und bewährten Prak- tiken unter den Teilnehmerstaaten und anderen internationalen Organisationen fungieren.
103. Das BDIMR wird seine bisherige Gepflogenheit, die Teilnahme von Roma an Ab- stimmungs- und Wahlprozessen zu untersuchen, verstärkt fortsetzen und so wie bisher Roma- und Sinti-Exper- ten in seine Wahlbeobachtungsmissionen im OSZE-Gebiet aufnehmen.
104. Der HKNM wird im Rahmen seines Mandats die Staaten weiterhin in Bezug auf geeignete Mittel und Wege zur Erleichterung der Teilnahme von Roma und Sinti an allen Bereichen des öffentlichen Lebens beraten.
105. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und gegebenenfalls andere OSZE-Institutionen und -Strukturen, einschließlich der OSZE-Feldeinsätze, werden Programme erstellen, durch die Vertreter der Roma und Sinti motiviert werden, für gewählte Organe zu kan- didieren, oder nach kreativen Lösungen suchen, die die Mitwirkung von Vertretern der Roma und Sinti an nationalen und lokalen Entscheidungsprozessen gewährleisten.
106. Das BDIMR wird sein besonderes Augenmerk auf Aktivitäten richten, durch die Roma- Frauen ein besserer Zugang zu allen Bereichen des öffentlichen und politischen Lebens ermög- licht werden soll.
VII. Roma und Sinti in und nach Krisensituationen
Die Teilnehmerstaaten sind verpflichtet zu gewährleisten, dass auch in und nach Krisensituationen alle Grundrechte, einschließlich der in den einschlägigen internationalen Rechtsakten, insbeson- dere dem Abkommen von 1951 über die Rechtsstellung der Flüchtlinge und seinem Protokoll von 1967, verankerten Rechte der Flüchtlinge, unterschiedslos sichergestellt sind. Sie werden die Leit- sätze der Vereinten Nationen zur Binnenvertreibung als nützlichen Rahmen für die Arbeit der OSZE und für ihre Initiativen zur Bewältigung des Problems der Binnenvertreibung berücksichtigen.
Den Teilnehmerstaaten wird empfohlen:
107. sich beim Erkennen von Krisensituationen mit Vertretern der Roma und Sinti zu beraten, um eine entsprechende Vorgehensweise zu ermöglichen und bestimmte geografische Gebiete zu loka- lisieren, die Ausgangspunkt von Flüchtlingsbewegungen und Binnenvertreibungen sind, und um zu gewährleisten, dass auf die spezifische Lage der Roma und Sinti eingegangen wird.
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108. zu gewährleisten, dass Roma und Sinti, die zum Verlassen ihres Wohnorts gezwungen wer- den (Flüchtlinge und Binnenvertriebene), ordnungsgemäß registriert werden und die entsprechen- den Dokumente erhalten. 109. zu gewährleisten, dass Programme existieren, die es Flüchtlingen und Binnenver- triebenen unter den Roma und Sinti ermöglichen, eine fundierte Entscheidung bezüglich einer dauerhaften Lösung für ihre Situation zu treffen, einschließlich der Ausübung ihres Rechts auf eine endgültige Rückkehr in Sicherheit und Würde. Diese Programme sollten konkrete Antworten auf alle Fragen der Flüchtlinge und Binnenvertriebenen geben und in den jeweiligen Sprachen zur Verfügung stehen.
110. zu gewährleisten, dass Roma- und Sinti-Flüchtlinge entsprechend den einschlägigen internatio- nalen Schutznormen und -standards und in einer nicht diskriminierenden Weise behandelt werden.
111. von der Rolle des BDIMR bei der Konfliktverhütung und der Feststellung von Gebieten, in denen ein rasches Einschreiten erforderlich ist, Gebrauch zu machen und sich das diesbezügliche Fachwissen des HKNM der OSZE zunutze zu machen,
112. sich in und nach Krisensituationen besonders der Bedürfnisse der Roma- und SintiFrauen und -Kinder anzunehmen, insbesondere durch Gewährleistung ihres Zugangs zu medizinischer Versorgung, Wohnraum und zum Schulbesuch.
Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:
113. Das BDIMR wird seine spezifische Rolle in Bezug auf die Konfliktverhütung und das Erken- nen potenzieller Krisengebiete, die ein rasches Einschreiten erfordern, wahrnehmen.
114. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti ist entsprechend ihrem Mandat aufgerufen, in Krisensituationen wirksam zu reagieren, indem es unter anderem mit den betreffen- den Regierungen, zwischenstaatlichen Gremien und internationalen Organisationen, insbesondere UNHCR, zusammenarbeitet, um den Schutz gefährdeter RomaGemeinschaften zu gewährleisten.
115. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird unter öffentlichen Bediens- teten, Journalisten und anderen Personengruppen Aufklärungsarbeit im Hinblick auf die Lage der Roma und Sinti in Krisen- oder Konfliktgebieten leisten. 116. Das BDIMR wird sich aktiv darum bemühen, die von den Teilnehmerstaaten in Bezug auf Roma und Sinti getroffenen Maß- nahmen zu analysieren, und Beratung anbieten, damit in bestimmten lokalen Zusammenhängen jene Spannungselemente besser bewältigt werden, die in offene Konflikte ausarten können, wenn dies nicht verhindert wird.
117. Der HKNM wird wie bisher seinem Auftrag, im frühestmöglichen Stadium Konfliktverhü- tung zu betreiben, nachkommen.
VIII. Verstärkung der Zusammenarbeit und Koordination mit anderen internationalen Organisationen und NROs
Angesichts der verstärkten Aufmerksamkeit, die verschiedene internationale Organisationen Fra- gen der Roma und Sinti widmen, bedarf es zur Vermeidung von Doppelgleisig- keiten der Koordi- nation und Zusammenarbeit. Um eine wirksame Umsetzung des Aktionsplans zu gewährleisten, wird die OSZE, insbesondere das BDIMR, mit internationalen und nichtstaatlichen Organisatio- nen eng zusammenarbeiten.
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118. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird sich weiterhin aktiv an der Informellen Kontaktgruppe der zwischenstaatlichen Organisationen für Roma- Fragen beteiligen.*
119. Die Stärkung und Aufwertung dieses informellen Gremiums wird in Zusammenarbeit mit allen in Betracht kommenden Partnern vereinbart und durchgeführt werden, insbesondere durch Gewährleistung der Mitwirkung von Vertretern aus OSZE-Teilnehmerstaaten. Regelmäßige Tref- fen der Informellen Kontaktgruppe auf Expertenebene oder einer höheren Ebene, wenn dies für notwendig erachtet wird, sind im Hinblick auf die Erreichung dieses Ziels in Erwägung zu ziehen.
120. Die Informelle Kontaktgruppe sollte gemeinsame Orientierungspunkte und Prioritäten fest- legen und zur Vermeidung von Doppelgleisigkeiten für eine bessere Koordination und Zusam- menarbeit sorgen.
121. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird sich darum bemühen, die „Internationale Roma-Kontaktgruppe“ zu konsolidieren, und wird weitere Beiträge zur Initiative des Europarats hinsichtlich eines möglichen Europäischen Forums für Roma und Traveller leisten.
122. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird den betreffenden natio- nalen und internationalen Institutionen Informations- und Koordinationsdienste bieten und den Dialog zwischen ihnen und Roma-NROs erleichtern.
123. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird sich darum bemühen, Beziehungen zu Organisationen der Roma und Sinti herzustellen, und ihnen dabei helfen, ihre Bemühungen und Ressourcen, sowohl innerhalb einzelner Staaten als auch über Grenzen hin- weg, zu koordinieren und in vollem Umfang von den Möglichkeiten Gebrauch zu machen, die durch bestehende nationale und internationale, Roma und Sinti betreffende politische Strategien geboten werden.
124. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird sich die Erfahrungen und Beiträge bestehender Monitoring-Projekte, die von anderen internationalen Organisationen ent- wickelt wurden, zunutze machen.
IX. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti
125. Bei Bedarf wird die Kontaktstelle des BDIMR für Fragen der Roma und Sinti die Weitergabe von Informationen zwischen OSZE-Teilnehmerstaaten erleichtern, die nationale politische Stra- tegien für Roma und Sinti entwickelt haben oder diese verbessern möchten.
126. Auf Ersuchen wird die Kontaktstelle des BDIMR für Fragen der Roma und Sinti Teilnehmer- staaten in Bezug auf zukünftige politische Strategien betreffend Roma und Sinti beraten und zu einem Diskurs zwischen Regierungen und Roma-NROs anregen.
127. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird den Aufbau von Kapazi- täten in Roma- und Sinti-NROs unterstützen.
* Der Informellen Kontaktgruppe der zwischenstaatlichen Organisationen für Roma-Fragen gehören Vertreter der OSZE/BDIMR, des Europarats, der Europäischen Kommission und der Europäischen Union an. Die Internati- onale Roma-Kontaktgruppe wurde im Oktober 2000 auf Initiative der Kontaktstelle des BDIMR für Fragen der Roma und Sinti eingerichtet. Der Kontaktgruppe gehören Vertreter der International Romani Union, des Roma National Congress, gewählte Roma-Vertreter, Roma-Experten und Vertreter der Kontaktstelle des BDIMR für Fragen der Roma und Sinti an.
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128. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird eine Datenbank bewähr- ter Praktiken der OSZE-Teilnehmerstaaten einrichten.
129. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti sollte bei der Analyse der von Teilnehmerstaaten getroffenen Maßnahmen sowie in bestimmten Situationen und bei Zwischen- fällen betreffend Roma und Sinti eine konstruktive Rolle spielen. Zu diesem Zweck wird die Kon- taktstelle direkte Kontakte zu Teilnehmerstaaten herstellen und pflegen und diesen als Berater und Gutachter zur Verfügung stehen.
130. Die betreffenden Regierungen werden bei der Suche nach effizienten Lösungen für Krisen- situationen mit der Kontaktstelle des BDIMR für Fragen der Roma und Sinti zusammenrbeiten.
131. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird Roma- und SintiGemein- schaften besser über die Ressourcen und Aktivitäten der OSZE informieren.
132. In Zusammenarbeit mit einschlägigen OSZE-Institutionen und -Strukturen wird das BDIMR geeignete Maßnahmen ausarbeiten, deren Ziel es ist, den Menschenhandel, insbesondere den Kin- derhandel, an seinen Wurzeln zu bekämpfen und den Roma- und SintiGemeinschaften dessen Folgen bewusst zu machen.
X. Umsetzung: Überprüfung und Beurteilung
133. Die Umsetzung des Aktionsplans wird auf den Implementierungstreffen zur menschlichen Dimension, Überprüfungskonferenzen und anderen einschlägigen Veranstaltungen zur mensch- lichen Dimension überprüft werden.
134. Ausgehend von den Ergebnissen der oben erwähnten Treffen und den Beiträgen der konso- lidierten Informellen Kontaktgruppe der zwischenstaatlichen Organisationen zu RomaFragen und der Internationalen Roma-Kontaktgruppe wird der Direktor des BDIMR dem Ständigen Rat Bericht erstatten; dieser kann den Teilnehmerstaaten und den OSZE-Institutionen Prioritäten für die Zusammenarbeit und Koordination empfehlen.
135. Der Ständige Rat wird regelmäßig informelle Informationsveranstaltungen der Kontaktstelle für Fragen der Roma und Sinti zu den von diesem Aktionsplan erfassten Bereichen organisieren, um zu beurteilen, welche Auswirkungen die darin vorgesehenen Maßnahmen auf nationaler und lokaler Ebene haben.
136. Um die Durchführung des Überprüfungsprozesses zu erleichtern, wird den OSZETeilneh- merstaaten nahe gelegt, je nach Fall auf den Implementierungstreffen zur menschlichen Dimen- sion, vor Überprüfungskonferenzen und im Ständigen Rat über aktuelle Entwicklungen betreffend die Lage der Roma und Sinti bzw. über Maßnahmen, die sich aus diesem Aktionsplan ableiten, zu informieren.
137. Alle einschlägigen OSZE-Institutionen und -Strukturen, einschließlich der OSZEFeldeinsätze, werden mit den Teilnehmerstaaten weiterhin engen Kontakt halten, um diesen bei der Umsetzung des Aktionsplans behilflich zu sein.
138. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird Gemeinschaften und Orga- nisationen der Roma und Sinti und andere internationale Organisationen über diesen Aktions- plan informieren.
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139. Damit die Kontaktstelle des BDIMR für Fragen der Roma und Sinti die Aufgaben, mit denen sie in diesem Aktionsplan betraut wird, ausführen kann, wird sich der Ständige Rat der OSZE mit der Frage der Bereitstellung angemessener personeller und finanzieller Ressourcen befassen. Die Einzelheiten dazu werden vom Beratungsausschuss für Management und Finanzen ausgearbeitet und dem Ständigen Rat vorgelegt werden.
Beschluss Nr. 4/03
Toleranz und Nichtdiskriminierung
Der Ministerrat,
in der Erkenntnis, dass die Achtung der Menschenrechte und Grundfreiheiten, der Demokra- tie und Rechtsstaatlichkeit der Grundpfeiler des umfassenden Sicherheitskonzepts der OSZE ist,
unter Hinweis auf seine Verpflichtungen im Bereich der menschlichen Dimension, wie sie in der Schlussakte von Helsinki, der Charta von Paris für ein Neues Europa, der Europäischen Sicher- heitscharta (Gipfeltreffen von Istanbul 1999) und allen anderen einschlägigen OSZE-Dokumen- ten und -Beschlüssen verankert sind,
unter Hinweis auf den Beschluss Nr. 6 über Toleranz und Nichtdiskriminierung, der auf dem Zehn- ten Treffen des Ministerrats am 7. Dezember 2002 in Porto verabschiedet wurde,
unter Bekräftigung seiner Verpflichtung, Toleranz zu fördern und Diskriminierung zu bekämpfen, sowie seiner Besorgnis über alle Äußerungen von aggressivem Nationalismus, Rassismus, Chauvi- nismus, Fremdenfeindlichkeit, Antisemitismus und gewalttätigem Extremismus in allen Teilneh- merstaaten sowie über Diskriminierung, unter anderem aufgrund der Rasse, der Hautfarbe, des Geschlechts, der Sprache, der Religion oder Überzeugung, der politischen oder sonstigen Gesinnung, der nationalen oder sozialen Herkunft, des Besitzstandes, der Geburt oder sonstiger Umstände,
mit der eindringlichen Aufforderung an die zuständigen Behörden in allen Teilnehmerstaaten, auch weiterhin durch Diskriminierung und Intoleranz motivierte Gewalttaten auf der geeigneten Ebene und in angemessener Weise öffentlich zu verurteilen,
mit dem Ausdruck der Entschlossenheit, seine Bemühungen um die Förderung von Toleranz und Nichtdiskriminierung in allen Bereichen zu verstärken,
mit dem Ausdruck der Befriedigung über die von der OSZE 2003 geleistete Arbeit,
1. verpflichtet sich, die Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet zu fördern;
2. beschließt, die laufenden Bemühungen um verstärkte Mitsprache der Frauen und eine wichtigere Rolle der Frauen bei der Förderung der Demokratisierung und wirtschaftlichen Entwicklung zu intensivieren und gegebenenfalls die Übernahme der Bestimmungen des OSZE-Aktionsplans zu Fragen der Gleichberechtigung von Mann und Frau in die nationale Politik in Erwägung zu zie- hen; beschließt ferner, seine Bemühungen um die Verwirklichung einer ausgewogenen Vertretung der Geschlechter auf allen Ebenen der OSZE zu verstärken und diesbezüglich auch den Grund- satz voll zu berücksichtigen, dass Bedienstete nach dem Gesichtspunkt der Fairness aus allen Teil- nehmerstaaten einzustellen sind; wiederholt, dass die OSZE weibliche Kandidaten dazu ermutigt, sich um OSZE-Stellen zu bewerben;
245 Maastricht 2003
3. beschließt, die auf der OSZE-Antisemitismuskonferenz am 19. und 20. Juni 2003 in Wien begon- nene Arbeit fortzuführen, und begrüßt das Angebot Deutschlands, am 28. und 29. April 2004 in Berlin eine zweite OSZE-Konferenz zu diesem Thema abzuhalten;
4. beschließt, die auf der OSZE-Konferenz über Rassismus, Fremdenfeindlichkeit und Diskriminie- rung am 4. und 5. September 2003 in Wien begonnene Arbeit fortzuführen, und begrüßt das Ange- bot Belgiens, im Herbst 2004 in Brüssel eine zweite OSZE-Konferenz zu diesem Thema abzuhalten;
5. beauftragt den Ständigen Rat, ebenso wie die beiden genannten Konferenzen weiter Mittel und Wege zu erörtern, wie die OSZE und die Teilnehmerstaaten Toleranz und Nichtdiskriminierung in allen Bereichen noch nachhaltiger fördern können;
6. ermutigt alle Teilnehmerstaaten, im Sinne der Erörterungen und Empfehlungen der oben genann- ten Konferenzen verlässliche Informationen und Statistiken über Hassdelikte, einchließlich aller gewalttätigen Äußerungen von Rassismus, Fremdenfeindlichkeit, Diskriminierung und Antise- mitismus, zu sammeln und Aufzeichnungen darüber zu führen; angesichts der Wichtigkeit von Gesetzen zur Bekämpfung von Hassdelikten werden die Teilnehmerstaaten dem BDIMR beste- hende Rechtsvorschriften bekannt geben, die durch Intoleranz und Diskriminierung motivierte Handlungen unter Strafe stellen, und das BDIMR gegebenenfalls um Unterstützung bei der Aus- arbeitung und Überarbeitung solcher Gesetze ersuchen;
7. beauftragt das BDIMR, in vorbehaltloser Zusammenarbeit mit dem Ausschuss der Vereinten Nationen für die Beseitigung der Rassendiskriminierung (UNCERD), der Europäischen Kom- mission gegen Rassismus und Intoleranz (ECRI) und der Europäischen Stelle zur Beobachtung von Rassismus und Fremdenfeindlichkeit (EUMC) sowie mit einschlägigen NROs als Sammel- stelle für die von den Teilnehmerstaaten zusammengetragenen Informationen und Statistiken zu fungieren und über diese Fragen regelmäßig Bericht zu erstatten, unter anderem im Rahmen des Implementierungstreffens zu Fragen der menschlichen Dimension, und damit die Grundlage für die Festlegung zukünftiger Arbeitsschwerpunkte zu schaffen; das BDIMR wird unter anderem für bewährte Praktiken eintreten und für die Verbreitung von Erfahrungen sorgen, die im Zuge der Bekämpfung von Intoleranz und Diskriminierung gewonnen wurden;
8. erkennt die Notwendigkeit an, gegen Hassdelikte vorzugehen, die durch rassistische, fremden- feindliche und antisemitische Propaganda im Internet ausgelöst werden können; wir begrüßen das Angebot Frankreichs, 2004 in Paris eine zukunftsweisende Veranstaltung über die Zusam- menhänge zwischen Internet-Propaganda und Hassdelikten unter voller Achtung des Rechts auf Information und der freien Meinungsäußerung auszurichten;
9. bekräftigt die Bedeutung der Gedanken-, Gewissens-, Religions- und Überzeugungsfreiheit und verurteilt jede Diskriminierung und Gewalt, auch gegen jegliche religiöse Gruppe oder ein- zelne Gläubige; verpflichtet sich, die Freiheit des Individuums, sich allein oder in Gemeinschaft mit anderen zu einer Religion oder einer Überzeugung zu bekennen und sie auszuüben, zu ach- ten und zu erleichtern, bei Bedarf durch transparente und nichtdiskriminierende Gesetze, Ver- ordnungen, Praktiken und politische Richtlinien; ermutigt die Teilnehmerstaaten, die Hilfe des BDIMR und seines Expertenbeirats für Religions- und Glaubensfreiheit in Anspruch zu nehmen; verweist nachdrücklich darauf, dass zur Förderung von mehr Toleranz, gegenseitiger Achtung und des Verständnisses füreinander ein ständiger und verstärkter Dialog zwischen den Religionen und Kulturen von großer Bedeutung ist;
10. wird für Fortschritte bei der Umsetzung der OSZE-Verpflichtungen betreffend nationale Min- derheiten sorgen und anerkennt die Wichtigkeit der Empfehlungen des Hohen Kommissars für
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nationale Minderheiten zu Fragen der Bildung, der Mitsprache der Öffentlichkeit und der Spra- che, etwa auch deren Gebrauch in den Sendemedien, sowie der einschlägigen Empfehlungen des Beauftragten für Medienfreiheit in dieser Frage;
11. verpflichtet sich, die Diskriminierung von Wanderarbeitnehmern zu bekämpfen; verpflichtet sich ferner, die Integration von Wanderarbeitnehmern in die Gesellschaft, in der sie sich rechtmäßig aufhalten, zu erleichtern; fordert das BDIMR auf, seine diesbezüglichen Aktivitäten auszuweiten;
12. verpflichtet sich in diesem Zusammenhang, vorbehaltlich innerstaatlicher Rechtsvorschriften und internationaler Verpflichtungen gegen eine gegebenenfalls stattfindende Diskriminierung von Asylsuchenden und Flüchtlingen vorzugehen, und fordert das BDIMR auf, seine diesbezüg- lichen Aktivitäten zu verstärken;
13. berücksichtigt die VN-Leitsätze zur Binnenvertreibung als ein nützlicher Rahmen für die Arbeit der OSZE und die Maßnahmen der Teilnehmerstaaten in Bezug auf Binnenvertreibung;
14. beschließt, dass die OSZE bei der Behandlung der im vorliegenden Dokument enthaltenen Fra- gen verstärkt die jüngere Generation ansprechen wird, um deren Verständnis für die Notwendigkeit von Toleranz zu wecken; besondere Aufmerksamkeit sollte der Menschenrechtserziehung gelten;
15. beschließt, dass die OSZE zur Förderung von Toleranz und Nichtdiskriminierung verstärkt mit einschlägigen internationalen Organisationen wie den Vereinten Nationen, dem Europarat und der Europäischen Union sowie mit der Zivilgesellschaft und einschlägigen nichtstaatlichen Orga- nisationen zusammenarbeiten wird;
16. beauftragt den Ständigen Rat, das BDIMR, den HKNM und den Beauftragten für Medienfrei- heit, in enger Zusammenarbeit mit dem Amtierenden Vorsitz für eine wirksame Nachbereitung der maßgeblichen Bestimmungen dieses Beschlusses zu sorgen, und ersucht den Ständigen Rat, sich mit den operativen und finanziellen Modalitäten der Umsetzung dieses Beschlusses zu befassen.
Beschluss Nr. 5/03
Wahlen
in Bekräftigung der Bestimmungen des Dokuments des Kopenhagener Treffens der Konferenz über die menschliche Dimension der KSZE (1990),
in Kenntnis der Tatsache, dass diese Verpflichtungen durch einschlägige Bestimmungen der Gip- felerklärung von Lissabon (1996) und der Gipfelerklärung von Istanbul (1999) ergänzt wurden,
in Bekräftigung seiner Entschlossenheit, diese Verpflichtungen umzusetzen,
unter Hinweis auf den Beschluss Nr. 7 des Zehnten Treffens des Ministerrats der OSZE in Porto 2002,
in der Erkenntnis, dass demokratische Wahlen nach den verschiedensten Wahlsystemen und Wahl- ordnungen abgehalten werden können,
in Anerkennung der fachlichen Voraussetzungen, über die das BDIMR verfügt, um Teilnehmer- staaten bei der Umsetzung von Verpflichtungen und Standards im Zusammenhang mit Wahlen zu unterstützen,
247 Maastricht 2003
erfreut über die weiter bestehende wirksame Zusammenarbeit zwischen dem BDIMR und der Par- lamentarischen Versammlung der OSZE bei der Wahlbeobachtung,
mit Genugtuung das Dokument „Existing Commitments for Democratic Elections in OSCE Par- ticipating States: A Progress Report“ (ODIHR.GAL/39/03) begrüßend, das vom BDIMR ausgear- beitet und den Teilnehmerstaaten im Juni dieses Jahres zugeleitet wurde,
insbesondere in Anerkennung der Notwendigkeit, unter den Wählern Vertrauen in den gesamten Prozess zu wecken, die Wahlverfahren transparent zu machen und die für die Abhaltung der Wah- len verantwortlichen staatlichen Stellen der Rechenschaftspflicht zu unterwerfen, ruft die Teilneh- merstaaten dazu auf, in diesem Bereich ihre Zusammenarbeit mit dem BDIMR weiter zu verstärken,
beauftragt das BDIMR, nach Möglichkeiten zur Verbesserung der Effizienz seiner Hilfestellung für Teilnehmerstaaten im Gefolge der in Wahlbeobachtungsberichten des BDIMR abgegeben Emp- fehlungen zu suchen und den Ständigen Rat über die bei der Durchführung dieser Aufgabe erziel- ten Fortschritte zu informieren;
beauftragt den Ständigen Rat, mit fachlicher Unterstützung von Seiten des BDIMR Überlegungen darüber anzustellen, ob als Ergänzung zu bestehenden Verpflichtungen Bedarf an zusätzlichen Verpflichtungen in Bezug auf Wahlen besteht, und dem nächsten Ministerrat Bericht zu erstatten.
Beschluss Nr. 6/03
Mandat des OSZE-Antiterrornetzwerks
Der Ministerrat,
in Anerkennung der Notwendigkeit, die Maßnahmen zur Bekämpfung des Terrorismus und den diesbezüglichen Informationsaustausch zwischen den OSZE-Teilnehmerstaaten und innerhalb ihrer Hauptstädte verstärkt zu koordinieren,
unter Hinweis auf den Beschluss Nr. 1 (MC(10).DEC/1 vom 7. Dezember 2002) des Zehnten Treffens des Ministerrats über die Umsetzung der OSZE-Verpflichtungen und -Aktivitäten zur Bekämp- fung des Terrorismus
beschließt, das OSZE-Antiterrornetzwerk (CTN) gemäß dem im Anhang zu diesem Beschluss enthaltenen Mandat einzurichten.
Anhang zu Beschluss Nr. 6/03
OSZE-Antiterrornetzwerk Mandat
Hauptzweck des OSZE-Antiterrornetzwerks (CTN) ist eine verbesserte Koordination der Maß- nahmen zur Bekämpfung des Terrorismus und des diesbezüglichen Informationsaustauschs zwi- schen den OSZE-Teilnehmerstaaten. Es soll insbesondere für eine engere Verbindung zwischen den Delegationen der Teilnehmerstaaten, den Beauftragten für Terrorismusbekämpfung in den Hauptstädten und der OSZE-Gruppe „Terrorismusbekämpfung“ (ATU)* sorgen. Das Netzwerk
* Der Ausschuss der Vereinten Nationen zur Bekämpfung des Terrorismus (CTC) hat sich für die Schaffung sol- cher regionalen Netzwerke als Mittel zur Stärkung der Zusammenarbeit und Koordination ausgesprochen. Das
248 Maastricht 2003
erleichtert den raschen Austausch von Informationen über Programme, Schulungsveranstaltun- gen und rechtliche Entwicklungen zum Thema Terrorismusbekämpfung, die von der OSZE und den Teilnehmerstaaten initiiert werden, sowie über Trendanalysen aus offener Quelle zum Phäno- men Terrorismus. Eine der Hauptaufgaben besteht in der Unterstützung und Ergänzung der Arbeit des Ausschusses des Sicherheitsrats der Vereinten Nationen zur Bekämpfung des Terrorismus im Hinblick auf die Umsetzung der Sicherheitsratsresolution 1373. Das CTN ist nicht als Kommu- nikationsweg für nachrichtendienstliche oder sonstige sensible Informationen gedacht und will auch nicht die bereits von anderen, der Strafverfolgung dienenden internationalen und regiona- len Netzen wahrgenommenen Aufgaben duplizieren.
Aufgaben der ATU
1. unterrichtet die Teilnehmerstaaten über bilaterale und multilaterale Schulungsangebote zu Fra- gen der Terrorismusbekämpfung und arbeitet mit den Hauptansprechpartnern zusammen, damit von solchen Programmen optimal Gebrauch gemacht wird,
2. koordiniert und erleichtert OSZE-Aktivitäten zur Bekämpfung des Terrorismus, unter ande- rem Programme zur Unterstützung von Kapazitätsaufbau, Aus- und Fortbildungsseminare und Kurse über Notfallvorsorge, damit die Ressourcen bestmöglich genutzt und Arbeitsüberschnei- dungen vermieden werden.
3. reagiert rasch auf Informationen und Ersuchen um Maßnahmen seitens eines Hauptansprech- partners.
4. sorgt dafür, dass die Hauptansprechpartner über die Delegationen stets umfassend über alle die OSZE-Region betreffenden Entwicklungen in wesentlichen Fragen der Terrorismusbekämpfung informiert sind; sie versendet zu diesem Zweck regelmäßig per E-Mail einen ATU-Newsletter und regelmäßige Updates der OSZE/ATU-Homepage,
5. koordiniert mit den Hauptansprechpartnern über die betreffende Delegation Dienstreisen offi- zieller OSZE/ATU-Vertreter in einen Teilnehmerstaat im Zusammenhang mit Angelegenheiten der Terrorismusbekämpfung.
Aufgaben der Hauptansprechpartner
1. sorgen dafür, dass Mitteilungen der ATU die zuständigen staatlichen Stellen erreichen und dass deren Antworten zügig an die ATU übermittelt werden,
2. informieren die ATU über bedeutende innerstaatliche Entwicklungen im Kampf gegen den Ter- rorismus, unter anderem über neue Rechtsvorschriften gegen den Terrorismus , Trainings- oder Unterstützungsprogramme zum Thema Terrorismusbekämpfung und Beispiele bewährter natio- naler Praktiken.
3. informieren über Seminare, Workshops und Konferenzen zum Thema Terrorismusbekämp- fung, die Teilnehmerstaaten gegebenenfalls abhalten und an denen auch externe Interessenten teilnehmen können.
im Rahmen der Organisation der Amerikanischen Staaten eingerichtete Sekretariat des Interamerikanischen Komitees zur Bekämpfung des Terrorismus (CICTE) hat bereits ein regionales, die Hemisphäre umspannen- des Netz nationaler Kontaktstellen eingerichtet. Die Gruppe „Terrorismusbekämpfung“ dankt dem CICTE für seine Beratung und Unterstützung bei der Schaffung des Antiterrornetzwerks der OSZE.
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4. fungieren als wichtigste Koordinatoren von Antiterrorismus-Seminaren, -Workshops und -Kon- ferenzen der OSZE, an denen der Teilnehmerstaat des Hauptansprechpartners beteiligt ist,
5. koordinieren, setzen Schwerpunkte und informieren im Namen ihres Teilnehmerstaats in Bezug auf Ausbildungs- und Unterstützungsbedarf und -ersuchen in Fragen der Terrorismusbekämp- fung, die von der OSZE gegebenenfalls unterstützt oder erleichtert werden können.
Als verlässlichste Informationsquelle über Ratifikationen stützt sich die OSZE/ATU auf die amt- lichen Mitteilungen über erfolgte Ratifikationen auf den Websites der jeweiligen Verwahrer der Rechtsakte über Terrorismusbekämpfung.
Kommunikationsmittel und Unterstützung
Die ATU wird, wo möglich und angebracht, zur Kommunikation mit den Hauptansprechpart- nern und anderen Teilnehmern am CTN internetgestützte Technologien verwenden, wobei haupt- sächlich E-Mail zum Einsatz kommen wird. Den Hauptansprechpartnern wird jedoch nahe gelegt, regelmäßig die Websites der OSZE und des CTC zu konsultieren. Vorbehaltlich der Zustimmung durch den Ständigen Rat und der verfügbaren Mittel wird die ATU den Teilnehmerstaaten nach Bedarf Sitzungen der Hauptansprechpartner empfehlen, die entweder am Rande anderer jähr- lich stattfindender OSZE-Treffen wie der Jährlichen Sicherheitsüberprüfungskonferenz oder als gesonderte Veranstaltung stattfinden könnten. 2004 wird der Postenplan der ATU zur Unterstüt- zung der Weiterentwicklung und des Betriebs des CTN um einen Vertragsbediensteten der Besol- dungsgruppe P-1 ergänzt.
250 Dokument des zwölften Treffens des Ministerrats Sofia 2004
I. Erklärung des Ministerrats von Sofia zur Verhütung und Bekämpfung des Terrorismus
1. Wir, die Mitglieder des Ministerrats der OSZE, sind in Sofia zusammengetreten und erklä- ren unsere entschiedene und vorbehaltlose Verurteilung von Akten des Terrorismus, insbeson- dere derjenigen, die 2004 in Spanien, Usbekistan, der Türkei und Russland verübt wurden, wo in der Stadt Beslan unschuldige und wehrlose Kinder von Terroristen brutal und kaltblütig ermor- det wurden. Wir trauern um die Hunderten Toten und erklären unsere tief empfundene Solida- rität mit den Opfern der Akte des Terrorismus und deren Familien. Diese Anschläge haben den Terrorismus in seiner ganzen Unmenschlichkeit gezeigt. Wir erklären uns mit den Staaten soli- darisch, die nicht Teilnehmerstaaten unserer Organisation sind und ebenfalls Zielscheibe terro- ristischer Anschläge wurden.
Mit dem erneuten Hinweis, dass der Terrorismus eine der schwersten Bedrohungen des Friedens und der Sicherheit darstellt, und in der Erwägung, dass Akte des Terrorismus die Wahrnehmung der Menschenrechte ernsthaft behindern, erneuern wir unsere Verpflichtung, die Wahrnehmung der Menschenrechte und Grundfreiheiten, insbesondere des Rechts auf Leben, eines jeden Men- schen innerhalb unseres Hoheitsbereichs gegen Akte des Terrorismus zu schützen. Wir betonen erneut unsere Entschlossenheit, den Terrorismus in allen seinen Arten und Erscheinungsformen als Verbrechen zu bekämpfen, für das es, was auch immer seine Motivation oder Ursache sein mag, keine Rechtfertigung gibt, und diesen Kampf unter Einhaltung der Rechtsstaatlichkeit und im Einklang mit unseren Verpflichtungen nach dem Völkerrecht, insbesondere den internationa- len Menschenrechtsnormen, dem Flüchtlingsrecht und dem humanitären Völkerrecht, zu führen.
2. Wir unterstreichen die führende Rolle der Vereinten Nationen im umfassenden Kampf gegen den Terrorismus. Wir bekräftigen die von unseren Staaten im Bereich der Terrorismusbekämpfung im Rahmen der Vereinten Nationen verabschiedeten Verpflichtungen, einschließlich der Resolu- tionen 1267 (1999), 1373 (2001), 1456 (2003),
1535 (2004), 1540 (2004) und 1566 (2004) des VN-Sicherheitsrats sowie der Resolution 58/187 der Generalversammlung der Vereinten Nationen, und wir unterstützen die Resolution 2004/87 der Menschenrechtskommission der Vereinten Nationen. Wir bekräftigen ferner die im Rahmen anderer internationaler Organisationen, denen wir angehören, verabschiedeten Verpflichtungen.
Wir begrüßen die wichtige Rolle, die die Resolution 1566 (2004) des VN-Sicherheitsrats den ein- schlägigen internationalen, regionalen und subregionalen Organisationen bei der Stärkung der internationalen Zusammenarbeit im Kampf gegen den Terrorismus zuweist, und den Aufruf zu einem verstärkten Zusammenwirken mit den Vereinten Nationen.
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Wir unterstreichen unsere Entschlossenheit, die wichtigen Bemühungen des Ausschusses des VN- Sicherheitsrats zur Bekämpfung des Terrorismus und seines Exekutivdirektoriums zu unterstützen. Wir verpflichten uns, bei der Durchführung der 12 Übereinkommen und Protokolle der Verein- ten Nationen zum Thema Terrorismus die höchstmöglichen Standards einzuhalten. Wir erneuern ferner unseren Aufruf zu rascher Zusammenarbeit an der Lösung aller offenen Fragen mit dem Ziel, auf dem Konsensweg den Entwurf für ein umfassendes Übereinkommen zum internationa- len Terrorismus und den Entwurf für ein Übereinkommen zur Unterbindung von Akten des Nuk- learterrorismus zu verabschieden.
Wir bekennen uns nach wie vor zu den OSZE-Beschlüssen gegen Terrorismus, insbesondere zu den Verpflichtungen im Bukarester Aktionsplan zur Bekämpfung des Terrorismus, in der OSZE- Charta zur Verhütung und Bekämpfung des Terrorismus und der OSZE-Strategie gegen Bedro- hungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert.
Unsere Länder bekräftigen ihre Verpflichtung zur raschen und vollinhaltlichen Umsetzung die- ser Beschlüsse und Vereinbarungen im gesamten OSZE-Gebiet.
3. Wir begrüßen die Bemühungen der OSZE im Bereich der Terrorismusbekämpfung einschließ- lich der 2004 verabschiedeten Beschlüsse und unterstützen die Arbeit der Gruppe Terrorismus- bekämpfung im OSZE-Sekretariat.
Wir sind der Überzeugung, dass das Paket praktischer Beschlüsse, das wir heute verabschieden und begrüßen*, und deren weitere Durchführung das Niveau von Sicherheit und Stabilität im OSZE- Gebiet heben werden. Diese Beschlüsse werden die Umsetzung unserer Verpflichtungen nach dem Völkerrecht zur Verhütung und Bekämpfung des Terrorismus sicherstellen helfen.
4. Wir beabsichtigen, die OSZE-Aktivitäten und -Maßnahmen zur Verhütung und Bekämpfung des Terrorismus zu verstärken und uns mit allen Faktoren auseinanderzusetzen, die Verhältnisse entstehen lassen, unter denen terroristische Organisationen Anhänger anwerben und Unterstüt- zung gewinnen können.
Wir bekräftigen, dass die OSZE-Bemühungen zur Bekämpfung terroristischer Bedrohungen alle OSZE-Dimensionen erfassen sollten, die Sicherheitsdimension unter Einschluss des politisch-mili- tärischen Bereichs, die Wirtschafts- und Umweltdimension sowie die menschliche Dimension. Auf Grundlage des gemeinsamen, umfassenden und unteilbaren Sicherheitskonzepts könnte unsere Organisation weitere wesentliche Beiträge zu den weltweiten Bemühungen im Kampf gegen den Terrorismus leisten.
Wir sind davon überzeugt, dass die Achtung der Menschenrechte und Grundfreiheiten ein wich- tiges Element der Sicherung von Frieden und Stabilität und der Verhütung von Terrorismus ist. Wir sind uns dessen bewusst, dass für die wirksame Verhütung und Bekämpfung des Terroris- mus die Zivilgesellschaft in unseren Ländern eingebunden werden muss.
Wir sind entschlossen, unser Zusammenwirken sowohl auf bilateraler als auch auf multilatera- ler Ebene in verschiedenen Formaten zu verstärken, um der Bedrohung durch den Terrorismus im OSZE-Gebiet und weltweit zu begegnen. Wir werden aktiv zusammenarbeiten, um die Täter,
* Beschluss Nr. 617 des Ständigen Rates „Weitere Maßnahmen zur Unterbindung der Finanzierung des Terroris- mus“ (1. Juli 2004), Beschluss Nr. 618 des Ständigen Rates „Solidarität mit den Opfern des Terrorismus“ (1. Juli 2004). Bekämpfung der Nutzung des Internets zu Terroristischen Zwecken Beschluss des Ministerrats „Erhö- hung der Containersicherheit“. Beschluss des Ministerrats „Meldung verlorener/gestohlener Reisepässe an das automatisierte Fahndungssystem/die Datenbank für gestohlene Reisedokumente (ASF-STD) von Interpol“.
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Organisatoren, Unterstützer und Förderer von Akten des Terrorismus zu finden und vor Gericht zu bringen.
Wir werden das Zusammenwirken und den Dialog zu Fragen der Terrorismusverhütung und -bekämpfung mit den Kooperationspartnern im Mittelmeerraum und in Asien ebenfalls weiter- entwickeln.
II. Erklärung des Ministerrats zum sechzigsten Jahrestag des Endes des zweiten Weltkriegs
Im Jahr 2005 begehen wir den sechzigsten Jahrestag der Beendigung der Kämpfe des Zweiten Weltkriegs. Wir trauern um die Abermillionen Opfer, die infolge des Krieges, des Holocausts, von Besatzung und Unterdrückung ums Leben kamen. Wir ehren all jene, die für den Sieg der Menschlichkeit über Diktatur, Unterdrückung und Aggression kämpften. Die Bedeutung ihres Opfers hält der Zeit stand.
Wir begrüßen die Resolution der Generalversammlung der Vereinten Nationen anlässlich des Gedenkens an den sechzigsten Jahrestag des Endes des Zweiten Weltkriegs.
Als Ausdruck unseres Wunsches, die Wiederholung einer derartigen europäischen und weltwei- ten Katastrophe zu verhindern, begrüßen wir erfreut die Fortschritte der letzten sechzig Jahre im Hinblick auf die Bewältigung des tragischen Vermächtnisses des Zweiten Weltkriegs auf dem Weg zu weltweitem Frieden und internationaler Sicherheit, zu Versöhnung, internationaler und regionaler Zusammenarbeit und zur Förderung demokratischer Werte, der Menschenrechte und Grundfreiheiten, insbesondere durch die Vereinten Nationen und die Schaffung regionaler Orga- nisationen. Wir unterstreichen die wichtige Rolle, die KSZE und OSZE diesbezüglich in den letz- ten dreißig Jahren gespielt haben.
In Erinnerung an die Schlussakte von Helsinki, die Charta von Paris für ein neues Europa, die Euro- päische Sicherheitscharta und andere vereinbarte OSZE-Dokumente werden wir keine Anstren- gung scheuen, um die Entstehung neuer Trennlinien im OSZE-Gebiet zu verhindern und Ursachen für Feindseligkeit, Spannungen und Konfrontation zu beseitigen. Wir sind entschlossen, unsere gemeinsamen Bemühungen zur Schaffung eines gemeinsamen und unteilbaren Sicherheitsraums im OSZE-Gebiet fortzusetzen, gegründet auf Demokratie, Rechtsstaatlichkeit, wirtschaftlichem Wohlstand, sozialer Gerechtigkeit und der Achtung der Menschenrechte und Grundfreiheiten ein- schließlich der Rechte von Angehörigen nationaler Minderheiten.
Aus der Geschichte wissen wir um die Gefahren von Intoleranz, Diskriminierung, Extremismus und Hass aus ethnischen, rassischen und religiösen Motiven. Wir sind entschlossen, diese Bedro- hungen zu bekämpfen, auch durch die OSZE, und weisen alle Versuche, sie zu rechtfertigen, mit Nachdruck zurück.
Wir verurteilen aufs schärfste jegliche Leugnung des Holocausts. Wir verurteilen alle Formen der ethnischen Säuberung. Wir bekräftigen unser Bekenntnis zur Konvention der Vereinten Natio- nen über die Verhütung und Bestrafung des Völkermords vom 9. Dezember 1948. Wir appellieren an die Teilnehmerstaaten, alles nur Mögliche zu tun, um dafür zu sorgen, dass heute und in aller Zukunft jeder Versuch eines Völkermords verhindert wird. Wer sich solcher Verbrechen schuldig macht, sollte vor Gericht gestellt werden.
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Die neuen Zeiten brachten neue Bedrohungen und Herausforderungen mit sich, unter denen der Terrorismus eine der gefährlichsten ist. Gemeinsam werden wir den Kampf gegen diese Bedrohung aufnehmen, mit vereinten Kräften und gemeinsamen Mitteln und in Verteidigung gemeinsamer Grundsätze. Wir werden unter anderem durch die OSZE darauf hinarbeiten, den Terrorismus und andere Bedrohungen und Herausforderungen für die Sicherheit zu bekämpfen.
Wir sind der Überzeugung, dass die friedliche Lösung aller bestehenden Konflikte, die Einhal- tung der Völkerrechtsnormen, die Ziele und Grundsätze der Charta der Vereinten Nationen, die Erfüllung der in der Schlussakte von Helsinki und den anderen vereinbarten OSZE-Dokumenten enthaltenen Verpflichtungen der beste Weg ist, um jenen die Ehre zu erweisen, die für Frieden, Freiheit, Demokratie und Menschenwürde gekämpft haben, um aller Opfer des Zweiten Weltkriegs zu gedenken, die Vergangenheit zu bewältigen und die heutige Generation und die kommenden Generationen vor der Geißel des Krieges und der Gewalt zu bewahren.
IV. Beschlüsse des Ministerrats
Beschluss Nr. 3/04
Bekämpfung der Nutzung des Internets zu Terroristischen Zwecken
Der Ministerrat,
in Anerkennung der Resolutionen 1373 (2001) und 1566 (2004) des VN-Sicherheitsrats als Mei- lensteine eines internationalen Rechtsrahmens für den Kampf gegen den Terrorismus, entschlos- sen, die Bemühungen zur Umsetzung bestehender OSZE-Verpflichtungen zur Bekämpfung des Terrorismus, die in der OSZE-Charta zur Verhütung und Bekämpfung des Terrorismus, dem Beschluss Nr. 1 des Ministerratstreffens von Porto über die Umsetzung der OSZE-Verpflichtun- gen und -Aktivitäten zur Bekämpfung des Terrorismus, dem Bukarester Aktionsplan zur Bekämp- fung des Terrorismus und der OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert enthalten sind, weiter zu intensivieren,
unter Hinweis auf das Übereinkommen des Europarats über Datennetzkriminalität (November 2001) und andere einschlägige Arbeiten in diesem Forum sowie auf die Ergebnisse der Konferenz des Europarats über die Herausforderung der Datennetzkriminalität,
unter Hinweis auf die OSZE-Tagung über die Zusammenhänge zwischen rassistischer, fremden- feindlicher und antisemitischer Propaganda im Internet und Hassdelikten (Paris, 15. und 16. Juni 2004), besorgt über das Ausmaß, in dem das Internet von terroristischen Organisationen genutzt wird, um: • potenzielle Mitglieder ausfindig zu machen und anzuwerben, • Geldmittel zu sammeln und zu überweisen, • terroristische Anschläge zu organisieren und • insbesondere durch den Einsatz von Propaganda zu Akten des Terrorismus aufzurufen,
beschließt, dass die Teilnehmerstaaten Informationen über die Nutzung des Internets zu terroris- tischen Zwecken austauschen und mögliche Strategien zur Bekämpfung dieser Bedrohung identi- fizieren werden, wobei gleichzeitig die Einhaltung internationaler Menschenrechtsverpflichtungen und -normen, auch in Bezug auf das Recht auf Privatsphäre sowie auf Meinungsfreiheit und freie Meinungsäußerung, zu gewährleisten ist;
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beauftragt den Generalsekretär, in Zusammenarbeit mit Interpol und anderen interessierten inter- nationalen Organisationen 2005 eine Fachtagung zu veranstalten, auf der Informationen über das Ausmaß dieser Bedrohung sowie über den vorhandenen Rechtsrahmen und das vorhandene ins- titutionelle Instrumentarium ausgetauscht und konkrete Maßnahmen zur Verstärkung der inter- nationalen Zusammenarbeit in dieser Frage geprüft werden sollen.
Beschluss Nr. 11/04
Bekämpfung der Korruption
Der Ministerrat,
erneut feststellend, dass die Korruption eines der Haupthindernisse für den Wohlstand und die nachhaltige Entwicklung in den Teilnehmerstaaten ist, das deren Stabilität und Sicherheit unter- gräbt und die gemeinsamen Werte der OSZE bedroht,
entschlossen, die Bemühungen zur Umsetzung der bestehenden OSZE-Verpflichtungen zur Bekämp- fung der Korruption, wie sie in der auf dem OSZE-Gipfeltreffen von Istanbul 1999 verabschiedeten Europäischen Sicherheitscharta und dem in Maastricht 2003 verabschiedeten OSZE-Strategiedo- kument für die Wirtschafts- und Umweltdimension enthalten sind, weiter zu verstärken,
in Bekräftigung seiner Verpflichtung, die Beseitigung aller Formen von Korruption zu einer vor- rangigen Angelegenheit zu machen sowie wirksame und entschlossene Maßnahmen gegen die Korruption zu ergreifen, unter anderem durch die Umsetzung einschlägiger innerstaatlicher Rechtsvorschriften und Programme,
unter Hinweis darauf, dass der Kampf gegen die Korruption es erfordert, dass die Teilnehmerstaa- ten eine umfassende und langfristige Antikorruptionsstrategie beschließen,
in Anerkennung der wichtigen Arbeit, die andere internationale Organisationen diesbezüglich leisten, insbesondere das Büro der Vereinten Nationen für Drogen- und Verbrechensbekämpfung (UNODC), der Europarat und die Organisation für wirtschaftliche Zusammenarbeit und Ent- wicklung (OECD),
in Anerkennung der Tatsache, dass das von der Generalversammlung der Vereinten Nationen am 31. Oktober 2003 in New York verabschiedete Übereinkommen der Vereinten Nationen gegen Kor- ruption ein wichtiger Schritt in der internationalen Zusammenarbeit zur Bekämpfung der Kor- ruption ist und die Möglichkeit bietet, weltweit gegen dieses Problem vorzugehen,
legt den OSZE-Teilnehmerstaaten, die dies noch nicht getan haben, nahe, das Übereinkommen der Vereinten Nationen gegen Korruption so rasch wie möglich zu unterzeichnen und zu ratifizieren, um dessen baldiges Inkrafttreten und vollständige Umsetzung zu gewährleisten.
beauftragt das OSZE-Sekretariat, insbesondere das Büro des Koordinators für ökonomische und ökologische Aktivitäten der OSZE (OCEEA), auf Ersuchen der OSZE-Teilnehmerstaaten Unter- stützung bei der Mobilisierung technischer Hilfe, einschließlich des notwendigen Fachwissens und der erforderlichen Ressourcen, für die Ratifikation bzw. Umsetzung des Übereinkommens der Vereinten Nationen gegen Korruption durch die jeweils zuständigen internationalen Organi- sationen – unter gebührender Beachtung ihres jeweiligen Mandats – zu leisten.
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Beschluss Nr. 12/04
Toleranz und Nichtdiskriminierung
Der Ministerrat,
in der Erkenntnis, dass die Achtung der Menschenrechte und Grundfreiheiten, Demokratie und Rechtsstaatlichkeit zum Kernbereich des umfassenden Sicherheitskonzepts der OSZE gehören,
unter Hinweis auf ihre in der Schlussakte von Helsinki, der Charta von Paris für ein neues Europa, der Europäischen Sicherheitscharta (Gipfeltreffen von Istanbul 1999) und allen anderen einschlä- gigen OSZE-Dokumenten und -Beschlüssen enthaltenen Verpflichtungen auf dem Gebiet der menschlichen Dimension,
unter Hinweis auf den vom Elften Treffen des Ministerrats in Maastricht am 2. Dezember 2003 verabschiedeten Beschluss Nr. 4/03 über Toleranz und Nichtdiskriminierung, die von der OSZE 2004 zur Förderung von Toleranz und Nichtdiskriminierung geleistete Arbeit begrüßend,
1. würdigt die vom Amtierenden Vorsitzenden der OSZE auf der OSZE-Konferenz über Antisemi- tismus in Berlin vom 28. und 29. April 2004 abgegebene Erklärung – „Berliner Erklärung“ – und die vom Amtierenden Vorsitzenden der OSZE auf der OSZE-Konferenz über Toleranz und den Kampf gegen Rassismus, Fremdenfeindlichkeit und Diskriminierung vom 13. und 14. September 2004 in Brüssel abgegebene Erklärung – „Brüsseler Erklärung“;
2. billigt die Beschlüsse des Ständigen Rates über die Bekämpfung des Antisemitismus (PC. DEC/607), über Toleranz und den Kampf gegen Rassismus, Fremdenfeindlichkeit und Diskrimi- nierung (PC.DEC/621) und über die Förderung von Toleranz und Medienfreiheit im Internet (PC. DEC/633), die diesem Beschluss beigefügt sind;
3. beschließt ferner, die Bemühungen zur Umsetzung dieser drei Beschlüsse, die Verpflichtungen unter anderem in den Bereichen Bildung, Medien, Gesetzgebung, Rechtsdurchsetzung, Migration und Religionsfreiheit enthalten, zu verstärken;
4. beschließt, die Arbeit, die 2003 begonnen und mit der OSZE-Konferenz über Antisemitismus (Berlin, 28. und 29. April 2004), mit der am 16. und 17. Juni 2004 in Paris abgehaltenen OSZE- Tagung über die Zusammenhänge zwischen rassistischer, fremdenfeindlicher und antisemitischer Propaganda im Internet und Hassdelikten und mit der OSZEKonferenz über Toleranz und den Kampf gegen Rassismus, Fremdenfeindlichkeit und Diskriminierung (Brüssel, 13. und 14. Sep- tember 2004) fortgesetzt wurde, weiter zu verfolgen; begrüßt ferner das Angebot Spaniens, die OSZE-Konferenz über Antisemitismus und andere Formen der Intoleranz im Juni 2005 in Cor- doba abzuhalten;
5. begrüßt die Absicht des Amtierenden Vorsitzenden, im Einklang mit Beschluss Nr. 8 des Minis- terratstreffens von Porto als Teil des allumfassenden Kampfes der OSZE gegen Diskriminierung und für mehr Toleranz drei persönliche Beauftragte zu bestellen. Die Kosten der persönlichen Beauftragten werden aus außerbudgetären Beiträgen bestritten.
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Anhang zu Beschluss Nr. 12/04 Beschluss Nr. 607 des Ständigen Rates
Bekämpfung des Antisemitismus
(PC.DEC/607 of 22 April 2004)
Der Ständige Rat
in Anbetracht der bevorstehenden OSZE-Konferenz über Antisemitismus in Berlin am 28. und 29. April 2004,
in Bekräftigung der bestehenden Verpflichtungen der Teilnehmerstaaten betreffend die Bekämp- fung des Antisemitismus und
zur Verstärkung unserer gemeinsamen Bemühungen um Bekämpfung des Antisemitismus in der gesamten OSZE-Region, beschließt Folgendes,
1. Die Teilnehmerstaaten verpflichten sich: • danach zu trachten, dass ihre Rechtsordnung für ein sicheres Umfeld sorgt, in dem alle Lebens- bereiche frei von antisemitischen Übergriffen und frei von antisemitischer Gewalt und Diskri- minierung sind; • gegebenenfalls Bildungsprogramme zur Bekämpfung des Antisemitismus zu fördern; • die Erinnerung an die Tragödie des Holocausts wach zu halten, deren Vermittlung im Unter- richt gegebenenfalls zu fördern und sich für die Achtung aller ethnischen und religiösen Grup- pen einzusetzen; • gegen Hassdelikte vorzugehen, zu denen durch rassistische, fremdenfeindliche und antisemiti- sche Propaganda in den Medien und im Internet angestiftet werden kann; • zu diesbezüglichen Bemühungen internationaler Organisationen und NROs zu ermutigen und diese zu unterstützen; • verlässliche Informationen und Statistiken über antisemitisch motivierte Straftaten und andere Hassdelikte, die in ihrem Hoheitsgebiet begangen werden, zusammenzutragen und auf dem neu- esten Stand zu halten, diese Informationen regelmäßig an das OSZEBüro für demokratische Ins- titutionen und Menschenrechte (BDIMR) weiterzuleiten und öffentlich zugänglich zu machen; • sich zu bemühen, das BDIMR mit den entsprechenden Mitteln auszustatten, damit es die Auf- gaben aus dem Maastrichter Ministerratsbeschluss über Toleranz und Nichtdiskriminierung erfüllen kann; • mit der Parlamentarischen Versammlung der OSZE zusammenzuarbeiten, um Verfahren zur regelmäßigen Prüfung des Problems Antisemitismus zu ermitteln; • zur Entwicklung eines Austauschs zwischen Experten auf informeller Ebene über bewährte Praktiken und Erfahrungen bei der Strafverfolgung und bei erzieherischen Maßnahmen in geeigneten Foren zu ermutigen;
2. Das BDIMR wird beauftragt: • in uneingeschränkter Zusammenarbeit mit anderen OSZE-Institutionen sowie mit dem Aus- schuss der Vereinten Nationen für die Beseitigung der Rassendiskriminierung (UNCERD), der Europäischen Kommission gegen Rassismus und Intoleranz (ECRI), der Europäischen Stelle
257 Sofia 2004
zur Beobachtung von Rassismus und Fremdenfeindlichkeit (EUMC) und anderen einschlägigen internationalen Institutionen und NROs antisemitische Vorkommnisse im OSZE-Raum genau zu verfolgen und dafür alle verfügbaren verlässlichen Informationen heranzuziehen; • dem Ständigen Rat und dem Implementierungstreffen zur menschlichen Dimension über seine Erkenntnisse zu berichten und diese Erkenntnisse zu veröffentlichen; diese Berichte sollten auch bei der Festlegung der Arbeitsschwerpunkte der OSZE zum Thema Intoleranz Berück- sichtigung finden; • im gesamten OSZE-Raum Informationen über bewährte Praktiken, die eingesetzt werden, um Antisemitismus zu verhindern und auf ihn zu reagieren, systematisch zu sammeln und zu ver- breiten und die Teilnehmerstaaten auf Ersuchen bei ihren Bemühungen im Kampf gegen den Antisemitismus zu beraten;
3. Der Amtierende Vorsitzende wird ersucht, diesen Beschluss den Teilnehmern der bevorste- henden Konferenz in Berlin zur Kenntnis zu bringen und ihn in seine Erklärung am Schluss der Konferenz aufzunehmen.
4. Dieser Beschluss ist dem Ministerrat zur Billigung auf seinem Zwölften Treffen zuzuleiten.
Anhang zu Beschluss Nr. 12/04 Beschluss Nr. 621 des Ständigen Rates
Toleranz und der Kampf gegen Rassismus, Fremdenfeindlichkeit und Diskriminierung
(PC.DEC/621 vom 29 Juli 2004)
Der Ständige Rat
im Hinblick auf die bevorstehende OSZE-Konferenz „Toleranz und der Kampf gegen Rassismus, Fremdenfeindlichkeit und Diskriminierung“ am 13. und 14. September 2004 in Brüssel, unter Hin- weis auf den Beschluss des Maastrichter Ministerrats über Toleranz und Nichtdiskriminierung (MC.DEC/4/03), auf die Antisemitismuskonferenz der OSZE am 28. und 29. April 2004 in Berlin und auf die OSZE-Tagung über die Zusammenhänge zwischen rassistischer, fremdenfeindlicher und antisemitischer Propaganda im Internet und Hassdelikten am 16. und 17. Juni 2004 in Paris sowie auf die Ergebnisse dieser Veranstaltungen,
in Bekräftigung der bestehenden Verpflichtungen der Teilnehmerstaaten betreffend die Förderung von Toleranz und Nichtdiskriminierung, und
zur Verstärkung unserer gemeinsamen Bemühungen im Kampf gegen Erscheinungsformen der Intoleranz in der gesamten OSZE-Region,
beschließt,
1. Die Teilnehmerstaaten verpflichten sich: • zu erwägen, Gesetze zu erlassen oder gegebenenfalls zu verschärfen, die Diskriminierung nach Rasse, Hautfarbe, Geschlecht, Sprache, Religion, politischer oder sonstiger Gesinnung, natio- naler oder sozialer Herkunft, Vermögensverhältnissen, Geburt oder sonstigen Umständen bzw. die Anstiftung zu derart motivierten Hassdelikten verbieten;
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• Bildungsprogramme für mehr Toleranz und gegen Rassismus, Fremdenfeindlichkeit und Dis- kriminierung zu fördern und gegebenenfalls zu verstärken;einen offenen und transparenten Dialog sowie Partnerschaften zwischen den Glaubensbekenntnissen und Kulturen zur Stär- kung von Toleranz, Achtung und gegenseitigem Verständnis zu fördern und zu erleichtern und die Freiheit des Individuums, sich allein oder in Gemeinschaft mit anderen zu einer Religion oder einer Überzeugung zu bekennen und sie auszuüben, zu gewährleisten und zu erleichtern, unter anderem durch transparente und nichtdiskriminierende Gesetze, Verordnungen, Prak- tiken und politische Richtlinien; • Maßnahmen zur Bekämpfung diskriminierender Handlungen und von Gewalttaten gegen Mus- lime im OSZE-Raum zu ergreifen; • im Einklang mit ihren innerstaatlichen Rechtsvorschriften und internationalen Verpflichtungen Maßnahmen gegen Diskriminierung, Intoleranz und Fremdenfeindlichkeit gegenüber Migran- ten und Wanderarbeitnehmern zu ergreifen; • zu erwägen, die Öffentlichkeit durch entsprechende Aktivitäten auf die Bereicherung aufmerk- sam zu machen, die Migranten und Wanderarbeitnehmern für die Gesellschaft darstellen; • Hassdelikte zu bekämpfen, die durch rassistische, fremdenfeindliche und antisemitische Propa- ganda in den Medien und im Internet ausgelöst werden können, und derartige Straftaten öffent- lich zu verurteilen, wenn sie vorkommen; • zu erwägen, Schulungsprogramme für Strafverfolgungs- und Justizbeamte über die Gesetzeslage und die Durchsetzung der Rechtsvorschriften in Bezug auf Hassdelikte einzuführen; • zur Förderung von Toleranz, Dialog, Achtung und gegenseitigem Verständnis über die Medien, auch über das Internet, zu ermutigen; • zu diesbezüglichen Bemühungen internationaler Organisationen und NROs zu ermutigen und diese zu unterstützen; • verlässliche Informationen und Statistiken über durch Rassismus, Fremdenfeindlichkeit und damit verbundene Diskriminierung und Intoleranz motivierte Hassdelikte in ihrem Hoheits- gebiet zu sammeln und zu führen und diese Informationen regelmäßig dem OSZE-Büro für demokratische Institutionen und Menschenrechte (BDIMR) zuzuleiten und der Öffentlichkeit zugänglich zu machen; • die Möglichkeit zu prüfen, innerhalb der Länder geeignete Stellen zur Förderung von Toleranz und zur Bekämpfung von Rassismus, Fremdenfeindlichkeit, Diskriminierung oder damit ver- bundener Intoleranz, einschließlich gegen Muslime, und von Antisemitismus einzurichten; • sich zu bemühen, das BDIMR mit den entsprechenden Mitteln auszustatten, damit es die Auf- gaben aus dem Maastrichter Ministerratsbeschluss über Toleranz und Nichtdiskriminierung erfüllen kann; • mit der Parlamentarischen Versammlung der OSZE geeignete Vorgehensweisen im Hinblick auf eine periodische Überprüfung des Problemkreises Rassismus, Fremdenfeindlichkeit und Diskriminierung zu erarbeiten; • zur Entwicklung eines Austauschs zwischen Experten auf informeller Ebene über bewährte Praktiken und Erfahrungen bei der Strafverfolgung und bei erzieherischen Maßnahmen in geeigneten Foren zu ermutigen;
2. Das BDIMR wird beauftragt: • in enger Zusammenarbeit mit anderen OSZE-Institutionen sowie mit dem Ausschuss der Ver- einten Nationen für die Beseitigung der Rassendiskriminierung (UNCERD), dem Büro des Hohen Kommissars Vereinten Nationen für Menschenrechte (UNHCHR), der Europäischen
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Kommission gegen Rassismus und Intoleranz (ECRI), der Europäischen Stelle zur Beobach- tung von Rassismus und Fremdenfeindlichkeit (EUMC) und anderen einschlägigen internatio- nalen Institutionen und NROs durch Rassismus, Fremdenfeindlichkeit oder damit verbundene Intoleranz, einschließlich gegen Muslime, und durch Antisemitismus motivierte Ausschrei- tungen im OSZE-Raum unter Verwendung aller verfügbaren verlässlichen Informationen auf- merksam zu verfolgen; • dem Ständigen Rat und dem Implementierungstreffen zur menschlichen Dimension über seine Erkenntnisse zu berichten und diese Erkenntnisse zu veröffentlichen; diese Berichte sollten auch bei der Festlegung der Arbeitsschwerpunkte der OSZE zum Thema Intoleranz Berück- sichtigung finden; • im gesamten OSZE-Raum systematisch Informationen über bewährte Praktiken zur Verhütung und Bekämpfung von Rassismus, Fremdenfeindlichkeit und Diskriminierung zu sammeln und zu verbreiten und den Teilnehmerstaaten auf Ersuchen Beratung bei ihren Bemühungen im Kampf gegen Rassismus, Fremdenfeindlichkeit und Diskriminierung anzubieten; • die Zivilgesellschaft in ihrer Fähigkeit zu unterstützen, sich mit Rassismus, Fremdenfeindlichkeit und Diskriminierung oder damit verbundener Intoleranz, einschließlich gegen Muslime, und mit Antisemitismus auseinanderzusetzen, und sich für die Bildung von Partnerschaften einzusetzen;
3. den Amtierenden Vorsitzenden zu ersuchen, diesen Beschluss den Teilnehmern der bevorste- henden Konferenz in Brüssel zur Kenntnis zu bringen und in seine Erklärung zum Abschluss der Konferenz aufzunehmen;
4. Dieser Beschluss ist dem Ministerrat zur Billigung auf seinem Zwölften Treffen zuzuleiten.
Anhang zu Beschluss Nr. 12/04 Beschluss Nr. 633 des Ständigen Rates
Förderung von Toleranz und Medienfreiheit im Internet
(PC.DEC/633 vom 11 November 2004) Der Ständige Rat
in Bekräftigung der auf dem Ministerratstreffen von Maastricht eingegangenen Verpflichtung, Hassdelikte, die durch rassistische, fremdenfeindliche und antisemitische Propaganda im Inter- net ausgelöst werden können, zu bekämpfen,
in Bekräftigung der Bedeutung der vollen Achtung des für die Demokratie unerlässlichen und durch das Internet sogar gestärkten Rechts auf Meinungsfreiheit und freie Meinungsäußerung, das auch die Freiheit umfasst, Informationen zu suchen, zu erhalten und weiterzugeben,
eingedenk der Verpflichtung, verlässliche Informationen und Statistiken über rassistisch, fremden- feindlich, antisemitisch und durch damit zusammenhängende Diskriminierung und Intoleranz motivierte Hassdelikte zu sammeln und zu führen, diese Informationen dem Büro für demokra- tische Institutionen und Menschenrechte (BDIMR) regelmäßig zu melden und der Öffentlichkeit zugänglich zu machen, wie dies in den Beschlüssen des Ständigen Rates über die Bekämpfung des Antisemitismus (PC.DEC/607) und über Toleranz und den Kampf gegen Rassismus, Fremden- feindlichkeit und Diskriminierung (PC.DEC/621) enthalten ist,
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unter Betonung der Bedeutung der Förderung von Toleranz, gegenseitiger Achtung, Dialog und Verständigung auch über die Medien und das Internet im Rahmen von Strategien, die auf vielfäl- tigen Maßnahmen beruhen,
beschließt, dass:
1. die Teilnehmerstaaten Maßnahmen treffen sollen, die sicherstellen, dass das Internet ein offe- nes und öffentliches Forum für Meinungsfreiheit und freie Meinungsäußerung bleibt, wie dies in der Allgemeinen Erklärung der Menschenrechte verankert ist, und die den Zugang zum Internet sowohl für Privathaushalte als auch Schulen begünstigen;
2. die Teilnehmerstaaten gegen rassistisch, fremdenfeindlich, antisemitisch oder durch andere damit zusammenhängende Vorurteile motivierte Gewalt und strafbare Gewaltandrohungen im Internet ermitteln und diese gegebenenfalls uneingeschränkt gerichtlich verfolgen sollen;
3. die Teilnehmerstaaten Strafverfolgungsbeamte und Staatsanwälte für den Umgang mit rassis- tisch, fremdenfeindlich, antisemitisch oder durch andere damit zusammenhängende Vorurteile motivierten Verbrechen im Internet aus- und fortbilden und Informationen über erfolgreiche Aus- und Fortbildungsprogramme als Teil des Austauschs bewährter Praktiken weitergeben sollen;
4. der OSZE-Beauftragte für Medienfreiheit sich weiterhin aktiv für die Förderung sowohl der freien Meinungsäußerung als auch des Zugangs zum Internet einsetzen und auch in Zukunft die einschlägigen Entwicklungen in allen Teilnehmerstaaten beobachten wird. Der Beauftragte wird für OSZE-Prinzipien und -Verpflichtungen eintreten und diese fördern. Dazu zählt auch die Früh- warnung, sobald Rechtsvorschriften oder andere Maßnahmen zum Verbot von rassistisch, frem- denfeindlich, antisemitisch oder durch andere damit zusammenhängende Vorurteile motivierten Äußerungen zu politischen Zwecken diskriminierend oder selektiv umgesetzt werden, was eine Behinderung der Äußerung anderer Standpunkte und Meinungen bewirken kann;
5. die Teilnehmerstaaten die Wirksamkeit von Rechtsvorschriften und anderen Maßnahmen zur Regelung der über Internet verbreiteten Inhalte untersuchen sollen, insbesondere im Hinblick auf ihre Auswirkung auf die Häufigkeit rassistischer, fremdenfeindlicher und antisemitischer Ver- brechen;
6. die Teilnehmerstaaten genaue analytische Untersuchungen des möglichen Zusammenhangs zwi- schen rassistischen, fremdenfeindlichen und antisemitischen Äußerungen über Internet und der Verübung von rassistisch, fremdenfeindlich, antisemitisch oder durch andere damit zusammen- hängende Vorurteile motivierten Verbrechen fördern und unterstützen sollen;
7. die OSZE einen Austausch zur Feststellung wirksamer Ansätze im Umgang mit der Frage ras- sistischer, fremdenfeindlicher und antisemitischer Propaganda im Internet fördern wird, die die Informations- und Meinungsfreiheit nicht gefährden. Die OSZE wird Möglichkeiten für die För- derung des Austauschs bewährter Praktiken schaffen, unter anderem auf dem jährlichen Imple- mentierungstreffen zur menschlichen Dimension;
8. die Teilnehmerstaaten die Einrichtung von Programmen zur Erziehung von Kindern und Jugend- lichen im Hinblick auf rassistisch, fremdenfeindlich, antisemitisch oder durch andere damit zusam- menhängende Vorurteile motivierte Aussagen fördern sollen, denen diese im Internet begegnen können. Auch sollen die Teilnehmerstaaten und Anbieter von Internetdiensten gegebenenfalls Maßnahmen treffen, um die Eltern verstärkt auf weitgehend verfügbare Filtersoftware aufmerk- sam zu machen, die den Eltern mehr Aufsicht und Kontrolle darüber ermöglicht, wie ihre Kinder
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das Internet nützen. Unterlagen über erfolgreiche Unterrichtsprogramme und Filtersoftware soll- ten als Teil des Austauschs bewährter Praktiken weit verbreitet werden;
9. die Teilnehmerstaaten die anhaltenden und verstärkten Bemühungen von NROs begrüßen sol- len, das Internet im Hinblick auf rassistische, fremdenfeindliche und antisemitische Inhalte lau- fend zu kontrollieren, ebenso wie die Bemühungen von NROs, ihre Erkenntnisse weiterzugeben und öffentlich zugänglich zu machen.
Beschluss Nr. 13/04
Die besondere Schutz- und Hilfsbedürftigkeit von Kindern als Opfer von Menschenhandel
Der Ministerrat,
in Bekräftigung der festen Verpflichtungen der Teilnehmerstaaten im Bereich der Bekämpfung des Menschenhandels, insbesondere des Beschlusses Nr. 1 des Ministerratstreffens von Wien 2000, der Erklärung des Ministerrats von Porto 2002 über den Menschenhandel und des Beschlusses Nr. 2/03 des Ministerrats von Maastricht 2003, mit dem der Aktionsplan der OSZE zur Bekämpfung des Menschenhandels gebilligt und unter der Führung des Ständigen Rates ein OSZE-Mechanis- mus eingerichtet wird, der die Teilnehmerstaaten im Kampf gegen den Menschenhandel unter- stützt und aus einem vom Amtierenden Vorsitzenden ernannten Sonderbeauftragten und einer Sondergruppe im Sekretariat besteht,
unter Hinweis auf die Konferenz über die Menschliche Dimension der OSZE in Kopenhagen 1990, auf der unter anderem erklärt wurde: „Die Teilnehmerstaaten beschließen, der Anerkennung der Rechte des Kindes, seiner bürgerlichen Rechte und seiner individuellen Freiheiten, seiner wirt- schaftlichen, sozialen und kulturellen Rechte und seines Rechts auf besonderen Schutz gegen jede Form von Gewalt und Ausbeutung besondere Aufmerksamkeit zu schenken“,
unter Hinweis auf die Grundsätze des Schutzes und der Achtung der Menschenrechte im Über- einkommen der Vereinten Nationen von 1989 über die Rechte des Kindes und in dessen Fakul- tativprotokoll von 2000 betreffend den Verkauf von Kindern, die Kinderprostitution und die Kinderpornografie, im Protokoll der Vereinten Nationen von 2000 zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels,
insbesondere des Frauen- und Kinderhandels, zum Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität, sowie im Haager Übereinkommen von 1993 über den Schutz von Kindern und die Zusammenarbeit auf dem Gebiet der internationa- len Adoption,
eingedenk der Tatsache, dass die Hauptverantwortung für die Bekämpfung des Menschenhandels bei den Teilnehmerstaaten liegt, gestützt auf einen ganzheitlichen und koordinierten Lösungsan- satz, der die Verhütung des Menschenhandels, den Schutz der Opfer und die Verfolgung der Täter und ihrer Komplizen einschließt,
in Bekräftigung der Tatsache, dass die allgemeinen Grundsätze, unter anderem das Kindeswohl, das Diskriminierungsverbot, die Mitsprache sowie das Überleben und die Entwicklung, den Rah- men für alle Maßnahmen, die Kinder betreffen, bilden,
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in dem Wunsch, die Bemühungen der OSZE zur Bekämpfung des Menschenhandels weiter zu verstärken, die aktive Umsetzung des Aktionsplans zur Bekämpfung des Menschenhandels fort- zusetzen und die Teilnehmerstaaten auf deren Ersuchen bei der Durchführung ihrer jeweiligen nationalen Aktivitäten in diesem Bereich durch die Organisation zu unterstützen,
unter Berücksichtigung insbesondere der im Aktionsplan der OSZE zur Bekämpfung des Men- schenhandels enthaltenen Empfehlung, die OSZE möge der Frage des Kinderhandels besondere Aufmerksamkeit widmen, und ferner in Anerkennung der Schutzwürdigkeit unbegleiteter und von ihren Eltern getrennter Kinder,
eingedenk der Tatsache, dass die Teilnehmerstaaten verpflichtet sind, Kinder vor allen Formen der Gewalt, einschließlich der sexuellen Ausbeutung von Kindern, zu schützen, sowie unter Betonung der Tatsache, dass es wichtig ist, deren besondere Schutz- und Hilfsbedürftigkeit zu beachten und dem Kind Gelegenheit zu geben, gehört zu werden,
unter Betonung der Tatsache, dass Maßnahmen zur Bekämpfung des Kinderhandels eine Gleich- behandlungsperspektive enthalten und nicht diskriminierend sein sollten,
die Tatsache unterstreichend, dass in Entscheidungen betreffend Kinder, die Opfer von Menschen- handel wurden, das Kindeswohl vorrangig zu berücksichtigen ist, unter anderem durch Bereitstel- lung einer entsprechenden Vertretung für die minderjährigen Opfer,
im Bewusstsein der Notwendigkeit, ein wirksames Hilfs- und Schutzsystem für Kinder zu schaf- fen und Bewusstseinsbildung zu betreiben, um der Nachfrage entgegenzuwirken, die alle Formen der Ausbeutung von Menschen, insbesondere von Frauen und Kindern, begünstigt und Kinder besonders leicht zu Opfern von Menschenhandel werden lässt,
1. beschließt, die Bemühungen der OSZE um Verhütung des Kinderhandels, um Schutz und Hilfe für Kinder, die Opfer von Menschenhandel wurden, und um Verfolgung der Täter unter Beach- tung des Aktionsplans der OSZE zur Bekämpfung des Menschenhandels zu verstärken;
2. legt den Teilnehmerstaaten nahe, die einschlägigen staatlichen Strukturen für Kinder zu stärken; legt den Teilnehmerstaaten ferner nahe, im Einklang mit den einschlägigen Empfehlungen an die Teilnehmerstaaten im Aktionsplan der OSZE zur Bekämpfung des Menschenhandels gegebenen- falls verstärkt Maßnahmen zu ergreifen, um Faktoren entgegenzuwirken, die Kinder besonders leicht zu Opfern von Menschenhandel werden lassen, darunter: Diskriminierung unter anderem aufgrund der Rasse, des Geschlechts, der Religion oder Überzeugung, der nationalen oder sozialen Herkunft, der Geburt oder sonstiger Umstände; Ausbeutung laut Definition im Aktionsplan der OSZE zur Bekämpfung des Menschenhandels; Armut; mangelnde Schulbildung und Vertreibung;
3. kommt überein, der Nachfrage verstärkt entgegenzuwirken, unter anderem durch Bekämpfung des Kindersextourismus; lädt in diesem Zusammenhang die Teilnehmerstaaten auch ein, unter anderem die Ausarbeitung gesetzlicher Maßnahmen in Erwägung zu ziehen, um Bürger, die Kin- der sexuell ausbeuten, strafrechtlich verfolgen zu können, auch wenn diese Ausbeutung in einem anderen Land erfolgt ist;
4. beauftragt den Ständigen Rat, durch die informelle Arbeitsgruppe „Gleichstellungsfragen und Bekämpfung des Menschenhandels“ mit Unterstützung unter anderem durch den Sonderbeauftrag- ten für die Bekämpfung des Menschenhandels und andere einschlägige OSZEStrukturen als Beitrag zur Umsetzung des Aktionsplans der OSZE zur Bekämpfung des Menschenhandels im Hinblick auf weitere geeignete Maßnahmen bis 31. Juli einen Zusatz zu diesem Aktionsplan auszuarbeiten,
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der auf die besondere Schutz- und Hilfsbedürftigkeit von Kindern eingeht, die Opfer von Men- schenhandel wurden, unter anderem in Form einer Zusammenstellung bewährter Methoden;
5. lädt die informelle Arbeitsgruppe ein, diese Arbeit aufzunehmen, gestützt auf die Verpflich- tungen, die die Teilnehmerstaaten im Rahmen bestehender internationaler Übereinkünfte, deren Vertragspartei sie sind, übernommen haben, um der Notwendigkeit besonderer Schutzmaßnah- men für Kinder unter Berücksichtigung der Interessen und des Wohles des Kindes entsprechend gerecht zu werden.
Beschluss Nr. 14/04
OSZE-Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern
Der Ministerrat,
unter Hinweis darauf, dass die Staats- und Regierungschefs auf dem Gipfeltreffen der OSZE 1999 in Istanbul erklärt haben: „Frauen müssen ihre Menschenrechte in vollem Umfang und gleichbe- rechtigt ausüben können, damit ein friedlicheres, wohlhabenderes und demokratischeres OSZE- Gebiet entsteht. Wir sind entschlossen, die Gleichstellung von Männern und Frauen zum Bestandteil unserer Politik zu machen, sowohl in unseren Staaten als auch innerhalb der Organisation.“*
unter Hinweis auf den OSZE-Aktionsplan zu Fragen der Gleichberechtigung von Mann und Frau†, der erstellt wurde, „um dafür zu sorgen, dass die OSZE-Verpflichtungen in Bezug auf gleiche Rechte und gleiche Chancen für Frauen und Männer von den Teilnehmerstaaten in der praktischen Arbeit der OSZE-Institutionen und -Feldmissionen berücksichtigt werden“,
in Anerkennung der Tatsache, dass gleiche Rechte für Frauen und Männer und der Schutz ihrer Menschenrechte für Frieden, dauerhafte Demokratie, wirtschaftliche Entwicklung und damit für Sicherheit und Stabilität in der OSZE-Region unabdingbar sind,
unter Hinweis auf die von der Vierten Weltfrauenkonferenz verabschiedete Aktionsplattform von Beijing und die Ergebnisse der 23. Sondertagung der Generalversammlung im Jahr 2000 „Frauen 2000: Gleichstellung, Entwicklung und Frieden für das 21. Jahrhundert“,
unter Hinweis auf Resolution 1325 (2000) des VN-Sicherheitsrats‡, die fordert, dass Frauen in vol- lem Umfang und gleichberechtigt an den Entscheidungen im Hinblick auf die Verhütung und Bei- legung von Konflikten mitwirken, und betonend, wie wichtig es ist, dass sie gleichberechtigt und in vollem Umfang an allen Anstrengungen zur Wahrung und Förderung von Frieden und Sicher- heit teilhaben und mitwirken,
eingedenk der Notwendigkeit, dass in den unter der Schirmherrschaft der OSZE durchgeführ- ten Aktivitäten eine Geschlechterperspektive angemessen berücksichtigt wird und die Teilneh- merstaaten alle erforderlichen Maßnahmen treffen, um die verstärkte Sensibilisierung für die Geschlechterproblematik zu unterstützen und gleiche Rechte und die vollständige und gleichbe- rechtigte Teilhabe von Frauen und Männern in der Gesellschaft zu fördern, mit dem Ziel, die prak- tische Anwendung der Gleichstellung der Geschlechter und der durchgängigen Berücksichtigung
* Europäische Sicherheitscharta, Absatz 23. † PC.DEC/353 vom 1. Juni 2000. ‡ Vom Sicherheitsrat auf seiner 4213. Sitzung am 31. Oktober 2000 verabschiedet.
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des Gleichstellungsaspekts* im OSZE-Gebiet zu fördern, was wesentlich für die umfassende Sicherheit ist,
unter Betonung der Notwendigkeit, dass die OSZE einen fortlaufenden und dauerhaften Prozess der durchgängigen Berücksichtigung des Gleichstellungsaspekts weiter entwickelt und verstärkt, um ein geschlechterbewusstes und professionelles Arbeitsumfeld und eine entsprechende Füh- rungskultur zu fördern, und von Bemühungen um ein ausgewogenes Geschlechterverhältnis bei der Einstellung von Personal insbesondere auf Ebene des höheren Dienstes im Einklang mit dem Personalstatut der OSZE,
beschließt, den Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern, der vom Ständigen Rat mit seinem Beschluss Nr. 638 vom 2. Dezember 2004 angenommen wurde und diesem Beschluss beigefügt ist, zu billigen.
Anhang zu Beschluss Nr. 14/04
OSZE-Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern
“Die größtmögliche und gleichberechtigte Mitwirkung der Frau in allen Bereichen ist Vorausset- zung für den Frieden und das Wohlergehen der Welt.”†
1. Die Achtung der Menschenrechte und Grundfreiheiten, der Demokratie und Rechtsstaatlichkeit ist der Grundpfeiler des umfassenden Sicherheitskonzepts der OSZE. In der Europäischen Sicher- heitscharta, die auf dem Gipfeltreffen von Istanbul verabschiedet wurde, heißt es: „Frauen müssen ihre Menschenrechte in vollem Umfang und gleichberechtigt ausüben können, damit ein friedli- cheres, wohlhabenderes und demokratischeres OSZE-Gebiet entsteht. Wir sind entschlossen, die Gleichstellung von Männern und Frauen zum Bestandteil unserer Politik zu machen, sowohl in unseren Staaten als auch innerhalb der Organisation.“
2. Als regionale Abmachung im Sinne von Kapitel VIII der Charta der Vereinten Nationen ist die OSZE innerhalb ihrer Region eines der wichtigsten Instrumente für Frühwarnung, Konfliktver- hütung, Krisenmanagement und Konfliktnachsorge. Im OSZE-Gebiet zeigt sich immer deutlicher, dass Sicherheit, Demokratie und Wohlstand eng miteinander zusammenhängen. Wirtschaftli- che Freiheit, soziale Gerechtigkeit und Verantwortung für die Umwelt sind unerläßliche Voraus- setzungen des Wohlstands. Will die Organisation ihre Aufgaben verwirklichen und ihre Ziele erreichen, ist es ausschlaggebend, das sie in Zusammenarbeit mit den Teilnehmerstaaten in ihr Humankapital investiert.
3. Eine wirksame durchgängige Berücksichtigung des Gleichstellungsaspekts2 mit dem Ziel der Gleichstellung von Frauen und Männern ist wichtig, wenn das Humankapital im OSZE-Raum
* „Die durchgängige Integration einer Gleichstellungsperspektive ist der Prozess der Beurteilung aller geplanten Maßnahmen, einschließlich solcher rechtlicher Natur, Politiken und Programme in allen Bereichen und auf allen Ebenen im Hinblick auf ihre Auswirkungen auf Frauen und Männer. Sie ist eine Strategie, um die Anliegen und Erfahrungen von Frauen und Männern zu einem festen Bestandteil der Ausarbeitung, Umsetzung, Begleitung und Bewertung von Politiken und Programmen in allen politischen, wirtschaftlichen und sozialen Bereichen zu machen, damit Frauen und Männer daraus gleichermaßen Nutzen ziehen und Ungleichheiten nicht fort- geschrieben werden. Letztes Ziel ist die Verwirklichung der Gleichstellung von Frauen und Männern.“ Siehe Offizielles Protokoll der Generalversammlung Zweiundfünfzigste Tagung, Beilage 3 (A/52/3/Rev.1), Kapitel IV Ziffer 4. † Resolution der Generalversammlung der Vereinten Nationen 34/180 vom 18. Dezember 1979, Übereinkommen zur Beseitigung jeder Form von Diskriminierung der Frau (CEDAW).
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ausgeschöpft werden soll. Die Gleichstellung von Frauen und Männern trägt zur umfassenden Sicherheit bei, die ein Ziel der OSZE-Aktivitäten in allen drei Dimensionen ist. Die durchgängige Berücksichtigung des Gleichstellungsaspekts ist ein Weg, um zur Verwirklichung dieses Ziels bei- zutragen. Die Geschlechterperspektive sollte daher in den Aktivitäten, Vorhaben und Program- men der Organisation berücksichtigt werden, damit die Organisation sowohl bei ihren eigenen Einsätzen als auch in den Teilnehmerstaaten die Gleichstellung der Geschlechter erreicht. Die Teilnehmerstaaten, der Amtierende Vorsitzende, der Generalsekretär und die Leitungen der Ins- titutionen und Missionen sind gemeinsam für die Förderung der Gleichstellung von Frauen und Männern als fester Bestandteil der OSZE-Politik und -Praxis verantwortlich. Bei diesem Bemü- hen ist zu bedenken, dass – wenn die Gleichstellung der Geschlechter in allen Bereichen und auf allen Ebenen der Gesellschaft Wirklichkeit wird – sowohl Frauen als auch Männer Nutznießer dieser Veränderung sein werden.
I. Allgemeiner Zusammenhang
Stand der Umsetzung des Aktionsplans 2000
4. Der OSZE-Aktionsplan 2000 zu Fragen der Gleichberechtigung von Mann und Frau* forderte verstärkte Bemühungen zur Verwirklichung der Gleichbehandlung von Frauen und Männern innerhalb der Organisation in allen Bereichen, einschließlich der Einstellung von Personal, und die Einbeziehung einer geschlechtsbezogenen Perspektive in die Aktivitäten der Organisation. Er bewirkte eine Hebung des Bewusstseins für die notwendige Förderung der Gleichberechtigung der Geschlechter innerhalb der OSZE durch die Aktivitäten des Sekretariats, der Institutionen und Feldeinsätze und der Teilnehmerstaaten. Dennoch wies die Umsetzung des Aktionsplans 2000 Schwächen auf, insbesondere in den Bereichen Schulung, Führung und Personaleinstellung, und ganz allgemein bei der durchgängigen Berücksichtigung des Gleichstellungsaspekts in der gesam- ten OSZE wie auch in den Teilnehmerstaaten
5. Laut Aktionsplan 2000 sollten Frauen in der OSZE bessere Chancen erhalten, und ein professio- nelles Arbeitsumfeld sollte gefördert werden. Der Amtierende Vorsitzende, die Teilnehmerstaaten und das Sekretariat wurden aufgefordert, positive Maßnahmen zur Förderung und Einstellung weiblicher Bewerber für OSZE-Institutionen und auch für Feldaktivitäten zu setzen, und es wurde an alle Teilnehmerstaaten appelliert, sich intensiv für die Nominierung von Frauen, insbesondere für leitende Funktionen, einzusetzen.
Nach wie vor sind jedoch Frauen in der OSZE, insbesondere auf der Führungs- und Entscheidungs- ebene, unterrepräsentiert, ja der Frauenanteil ging in den letzten Jahren sogar zurück. Nach wie vor sind Frauen aus bestimmten Ländern, insbesondere aus Teilnehmerstaaten,
die sich in einem Reformprozess befinden, nicht oder nur in geringem Ausmaß vertreten. Die Sta- tistiken lassen vermuten, dass weibliche Bewerber im Vergleich zu Männern geringere Chancen auf eine Anstellung bei der Organisation haben.†
* Beschluss Nr. 353 des Ständigen Rates vom 1. Juni 2000 (PC.DEC/353). † Nach Geschlecht aufgeschlüsselte Statistiken des Sekretariats, der Institutionen und Missionen der OSZE, SEC. GAL/208/03 vom 21. November 2003. Bei den Planposten beträgt der Anteil der Frauen im Inneren Dienst 44 Pro- zent und im Höheren Dienst insgesamt 25 Prozent; er war in den letzten Jahren sogar rückläufig. Von allen Bewerbungen für befristete Dienstposten im Zeitraum Januar 2003 bis September 2003 (9566) waren 69 Prozent Männer und 31 Prozent Frauen; im selben Zeitraum waren von allen ausgewählten Bewerbungen (50) 72 Pro- zent Männer und nur 28 Prozent Frauen. Bei den 34 ausgeschriebenen Posten der Laufbahngruppe Höherer Dienst betrug der Anteil der Frauen 33 Prozent der Bewerbungen, 23 Prozent der zu einem Einstellungsgespräch eingeladenen und 12 Prozent der ausgewählten Bewerberbungen. Von allen für eine Entsendung nominierten
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Die Zweijahresstatistiken und Jahresberichte des Generalsekretärs über die Umsetzung des Akti- onsplans 2000 zu Fragen der Gleichberechtigung von Mann und Frau wurden vom Ständigen Rat nicht behandelt und die Umsetzung des Aktionsplans 2000 wurde nicht entsprechend begleitet
6. Eine weitere Priorität im Aktionsplan 2000 lautete, dass alle neuen Missionsmitarbeiter und -mitarbeiterinnen eine Ausbildung zur Geschlechterproblematik erhalten und die OSZEInstitu- tionen die Geschlechterperspektive in ihre Personalschulung einbeziehen sollten. Eine allgemeine Schulung zur Hebung des Bewusstseins für die Geschlechterproblematik wurde eingeführt und es gab auch Bemühungen, ein professionelles Arbeitsumfeld zu schaffen. Seit 2000 ernennt jede Mission eine Mediatorin oder einen Mediator und das Sekretariat veranstaltet für diese Personen jährliche Schulungen. Die Schulung und Sensibilisierung von Führungskräften für geschlechtsbe- zogene Fragen und für die diesbezügliche Verantwortung des ganzen Personals im Rahmen seiner Aufgaben und Themenbereiche erbrachte aber nicht die erhofften Ergebnisse und auch das ange- strebte professionelle Umfeld wurde nicht verwirklicht.
7. Darüber hinaus forderte der Aktionsplan 2000 die Einrichtung eines umfassenden Rahmens für Projekte zur durchgängigen Berücksichtigung des Gleichstellungsaspekts sowie die Analyse von Daten und Forschungsergebnissen zu geschlechtsbezogenen Fragen und deren Berücksichtigung bei der Planung neuer Programme. Dieser Prozess wurde nicht konsequent genug weiterentwickelt. Überdies wurden die Beraterinnen und Kontaktpersonen für Gleichbehandlungsfragen nicht aus- reichend in die Entwicklung neuer Politiken und Programme einbezogen.
8. Die durchgängige Berücksichtigung des Gleichstellungsaspekts erfordert eine konsequente und systematische Einbeziehung der Geschlechterperspektive in die Tätigkeit der Organisation auf der Grundlage eines dimensionenübergreifenden Ansatzes und auch geeignete Begleit- und Überprü- fungsmechanismen. Es bedarf eines neuen, verbesserten Aktionsplans, der Ziele und eindeutig zugeordnete Verantwortlichkeiten der Entscheidungsträger festlegt, um den entsprechenden Bemü- hungen der Teilnehmerstaaten zur Umsetzung ihrer Verpflichtungen Nachhaltigkeit zu verleihen.
II. Ziele
9. Mit dem Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern will sich die OSZE Prioritäten für die Förderung der Gleichstellung der Geschlechter – in der Organisation und in allen Teilnehmerstaaten – setzen und für die begleitende Kontrolle ihrer Verwirklichung sorgen. Zur Verwirklichung dieser Ziele wird sich der Plan mit den Aktivitäten, politischen Kon- zepten, Vorhaben und Programmen der Organisation im Hinblick auf eine durchgängige Berück- sichtigung des Gleichstellungsaspekts und mit der Hilfestellung der OSZE für die Teilnehmerstaaten bei der Förderung der Gleichstellung der Geschlechter befassen. Diese Hilfestellung könnte sich auf die Umsetzung internationaler Verpflichtungen in Bezug auf Gleichstellungsfragen und auf die Entwicklung nationaler Programme und Politiken beziehen.
10. Folgende Zielsetzungen haben Vorrang:
(a) In der OSZE: • Angebot von speziellen Schulungsprogrammen für OSZE-Personal zum Thema Bewusst- seinsbildung und Sensibilisierung für die Gleichstellung der Geschlechter am Arbeitsplatz, von Programmen zur Stärkung der Bemühungen um eine konsequente Berücksichtigung des
Bewerbungen im ersten Halbjahr 2003 (2135) waren 30 Prozent (641) Frauen und 70 Prozent (1494) Männer. Aber nur 10 Prozent (62) dieser Frauen wurden zu Missionen entsandt, während 18 Prozent (272) der nomi- nierten Männer aufgenommen und entsandt wurden.
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Gleichstellungsaspekts in der Politik und den Programmen und von Überprüfungs- und Eva- luierungsmechanismen; • Förderung einer professionellen und für Gleichstellungsfragen sensiblen Führungskultur und eines solchen Arbeitsumfelds; • Anwendung einer verbesserten und neuen Einstellungspolitik in der OSZE, um Chancengleich- heit für alle zu fördern und dafür zu sorgen, dass hoch qualifizierte Frauen im Einklang mit dem Personalstatut (vgl. PC.DEC/550 vom 27. Juni 2003) ausfindig gemacht und gewonnen werden können, mit dem Ziel, in der OSZE den Anteil der Frauen in leitenden Positionen zu erhöhen; • Ermutigung der Teilnehmerstaaten, mehr Bewerberinnen für Posten in der OSZE, insbesondere auf der Führungs- und Entscheidungsebene , zu nominieren, mit dem Ziel, auf allen Ebenen eine laufende Verbesserung des zahlenmäßigen Verhältnisses zwischen Frauen und Männern zu bewirken; • durchgängige Berücksichtigung des Gleichstellungsaspekts in den Aktivitäten und politischen Konzepten der OSZE und ebenso in den Aktivitäten und politischen Konzepten der Teilneh- merstaaten.
(b) Hilfestellung für die Teilnehmerstaaten in folgender Form: • Festlegung vorrangiger Bereiche, in denen OSZE-Strukturen den OSZEStaaten bei der Erfül- lung ihrer jeweiligen Verpflichtungen helfen; • Überblick über einige bewährte Methoden zur Förderung der Gleichstellung von Frauen und Männern in den Teilnehmerstaaten; • Betonung und Förderung der Rolle von Frauen bei der Konfliktverhütung und bei Prozessen zur Wiederherstellung des Friedens; • Bereitstellung eines Rahmenwerks, das sicherstellt, dass geschlechtsbezogene Fragen einschließ- lich der Umsetzung dieses Aktionsplans regelmäßig erörtert und geprüft werden.
III. Förderung der Gleichstellung von Frauen und Männern in der OSZE
(A) Durchgängige Berücksichtigung des Gleichstellungsaspekts in den Strukturen und am Arbeitsplatz und bei der Personaleinstellung
Aus- und Fortbildung
11. Zur Verwirklichung der in diesem Aktionsplan dargestellten Zielsetzungen erweitert die OSZE das bestehende Schulungsangebot und richtet neue Schulungsprogramme im Einklang mit der OSZE-Schulungsstrategie für 2005 bis 2007* und dem OSZE-Aktionsplan zur Bekämpfung des Menschenhandels† ein. Im Hinblick darauf werden das General Orientation Programme im Sekretariat, der Human Dimension Induction Course im BDIMR und zusätzliche Einführungs- kurse oder Einführungsworkshops vor Ort zwei dem jeweiligen Bedarf angepasste Schulungs- bausteine enthalten:
* SEC.GAL/118/04/Rev.5 vom 27. Juli 2004. † MC.DEC/2/03 Anhang, Aufklärung, Punkt 8.4: 8.4.: „Der Ausbildungskoordinator der OSZE, die leitende Bera- terin für Gleichbehandlungsfragen und der leitende Sicherheitskoordinator werden in Zusammenarbeit mit dem BDIMR die Einführungskurse auch weiterhin für die Entwicklung und Durchführung von Schulungskursen für die Mitarbeiter in Genderfragen, Menschenhandelsfragen und einschlägigen Vorschriften und Richtlinien verwenden und eigene Workshops für diesen Bereich abhalten. Die Leiter von Feldeinsätzen werden dafür sor- gen, dass die Teilnahme an diesen Ausbildungskursen für alle Mitarbeiter verbindlich ist.“
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• Der erste Baustein betrifft die Schulung aller OSZE-Bediensteten im Hinblick auf die Schärfung des Bewusstseins für die Geschlechterproblematik und die Berücksichtigung einer Geschlechter- perspektive im täglichen Arbeitsleben. Dieser Baustein, der für jede Bedienstetenkategorie an ihre konkreten Bedürfnisse anzupassen ist, erklärt den Grundsatz der Gleichstellung von Frauen und Männern, das zur Verwirklichung dieses Ziels vorhandene Instrumentarium und die Gründe,
weshalb die Organisation die durchgängige Berücksichtigung des Gleichstellungsaspekts bei ihren Aktivitäten für wichtig hält. Der Baustein soll handlungsorientiert und interaktiv sein und über die in diesem Aktionsplan und in einschlägigen Bestimmungen – insbesondere zur Rechenschafts- pflicht des gesamten Personals – beschriebenen Aufgaben und Verantwortlichkeiten informieren. Diese Schulung ist für alle Personalkategorien vorzusehen. Die Schulung kann, wenn nötig, auch vor Ort angeboten werden, um sicherzustellen, dass auch Ortskräfte daran teilnehmen können.
(a) In die Ausbildungsprogramme, insbesondere für Polizei- und Grenzbeobachtungseinsätze, werden spezielle Bausteine zur Bekämpfung der Gewalt in der Familie und des Menschenhan- dels eingefügt.
(b) Die Leitungen von Institutionen und Missionen sowie die Direktoren und Direktorinnen werden die Personalschulung von der leitenden Ebene aus ermöglichen, um sicherzustellen, dass Frauen wie Männer gleichermaßen teilnehmen können. Sie werden auch Informationen über die OSZE-Politik in Gleichstellungsfragen, insbesondere in Bezug auf Beschwerdeverfahren, erhalten. • Der zweite Baustein befasst sich mit der durchgängigen Berücksichtigung des Gleichstellungs- aspekts in Programmen, Vorhaben und Aktivitäten betreffend die technische Kooperation der OSZE, um die konsequente Integration einer Geschlechterperspektive zu gewährleisten. Das bedeutet die Überprüfung und Umsetzung von Grundsätzen und Maßnahmen, die ausschließlich den Zweck verfolgen, Gleichstellung durch die aktive Berücksichtigung der Geschlechter- pers- pektive in der Planungs-, Berichterstattungs-, Umsetzungs- und Evaluierungsphase herzustellen.
12. In alle Schulungsprogramme sind zur regelmäßigen Beurteilung ihrer Wirksamkeit Überprü- fungs- und Evaluierungsbestimmungen aufzunehmen.
13. Der OSZE-Ausbildungskoordinator wird mit der Planung und Durchführung aller Aspekte dieses Aktionsplans, die die Personalschulung betreffen, in enger Zusammenarbeit mit den für Gleichbehandlungsfragen zuständigen Dienst- und Kontaktstellen in der Organisation und mit Unterstützung durch das für die Schulung zuständige Kontaktstellennetz beauftragt.
Führungsebene
14. Der Generalsekretär und die Leitungen von Institutionen und Missionen werden von ihrer Führungsposition nachdrücklich und aktiv Gebrauch machen, um innerhalb der Organisation ein nachhaltiges Bewusstsein für Gleichstellungsfragen zu schaffen, und sie werden ihre Bemü- hungen zur Herstellung eines für Gleichstellungsfragen sensiblen und professionellen Arbeitsum- felds und einer entsprechenden Führungskultur verstärken. Ein derartiges Arbeitsumfeld ist auch durch alle OSZE-Bediensteten, insbesondere Personal in Aufsichtsfunktionen, zu fördern. Bei der Besetzung von Führungspositionen sollte besonders darauf geachtet werden, dass Personen aus- gewählt werden, die für die Gleichstellungsproblematik sensibel sind und um die Bedeutung einer integrativen Organisationskultur wissen. Die Direktorin der Hauptabteilung Personalressourcen ist für die Überprüfung und gegebenenfalls Intensivierung der OSZE-Strategie gegen Belästi- gung am Arbeitsplatz einschließlich sexueller Belästigung verantwortlich. Sie wird Informatio- nen verbreiten, die das Personal für das Problem der Belästigung am Arbeitsplatz und die zu ihrer
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Bekämpfung und Verhütung verfügbaren Maßnahmen sensibilisieren und Opfer dazu ermutigen, ihre Beschwerden vorzubringen.
15. Zur Leistungsbeurteilung von Führungskräften wird auch eine Beurteilung ihrer Sensibilität für Gleichstellungsfragen gehören. Dazu entwickelt die Hauptabteilung Personalressourcen ein Scoreboard für Gleichstellungsfragen, an Hand dessen die Maßnahmen im Einzelnen zwischen allen Dienststellen verglichen werden können.
16. Die organisatorischen Vorschriften, Regeln, Richtlinien und Anweisungen der OSZE werden, wenn gewünscht, von den Teilnehmerstaaten bzw. dem Sekretariat im Hinblick auf die durchgän- gige Berücksichtigung von Gleichstellungsaspekten überprüft.
17. Die Leitungen der Institutionen und Missionen und die Direktoren und Direktorinnen im Sekretariat werden regelmäßige Mitarbeitertreffen leiten, um zu prüfen, ob und inwieweit Gleich- stellungsaspekte in die Arbeit in ihrem jeweiligen Zuständigkeitsbereich Eingang gefunden haben und um dem gesamten Personal nahe zu legen, den Gleichstellungsaspekt in seiner Arbeit durch- gängig zu berücksichtigen.
18. Das Sekretariat und das BDIMR werden den aktiven Informationsaustausch über geschlech- tersensible Führungskonzepte mit einschlägigen internationalen, zwischenstaatlichen und regio- nalen Organisationen fortführen. Insbesondere das Sekretariat wird die Zusammenarbeit mit der Parlamentarischen Versammlung der OSZE in Gleichstellungsfragen verstärken. Das Sekretariat, die Institutionen und Missionen werden für Sichtbarkeit des Aktionsplans sorgen.
Personaleinstellung
19. Die Einstellung von Personal in der OSZE beruht auf einem transparenten Prozess und erfolgt nach einem allgemeinen Auswahlverfahren unter Staatsangehörigen der Teilnehmerstaaten, wobei ein Höchstmaß an Effizienz, Kompetenz und Integrität zu gewährleisten ist.
20. Bei der Einstellung ist Bestimmung 3.01 des OSZE-Personalstatuts ohne Einschränkung zu befolgen, einschließlich des Grundsatzes einer gerechten geographischen Verteilung des einge- stellten Personals auf alle OSZE-Teilnehmerstaaten.
21. Die Teilnehmerstaaten werden dazu ermutigt, vermehrt Bewerberinnen für Positionen in der OSZE zu nominieren, insbesondere auf höherer Ebene, wo Frauen unterrepräsentiert sind; diesbe- zügliche Maßnahmen umfassen auch die Erschließung zusätzlicher nationaler Personalressourcen und die Vernetzung mit Berufsorganisationen, die bei der Suche nach geeigneten Kandidatinnen behilflich sein werden. Eine größere Zahl von Bürgern aus Teilnehmerstaaten, insbesondere Frauen aus Teilnehmerstaaten, die sich in einem Reformprozess befinden, sollten auf freie Stellen in der OSZE aufmerksam gemacht und zur Bewerbung ermutigt werden.
22. Den Teilnehmerstaaten wird nahe gelegt, eine Liste in Frage kommender Kandidatinnen mit besonderer Berücksichtigung der Fachgebiete anzulegen, in denen Frauen unterrepräsentiert sind.
23. Der Amtierende Vorsitzende und das Sekretariat werden sich unter Berücksichtigung des OSZE-Personalstatuts bei der Förderung der Nominierung von Kandidatinnen insbesondere für höhere Positionen proaktiv verhalten.
24. Das Sekretariat wird bei der Formulierung seiner Stellenausschreibungen verstärkt Frauen zur Bewerbung einladen.
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25. Das Sekretariat wird darüber hinaus seine Personalplanung dahingehend verbessern, dass die Teilnehmerstaaten möglichst frühzeitig über frei werdende Posten informiert werden, damit sie aus- reichend Zeit für die Suche nach qualifizierten Kandidatinnen und für deren Nominierung haben.
26. Der Amtierende Vorsitzende, der Generalsekretär, die Leitungen der Institutionen und Missi- onen trachten danach, das Zahlenverhältnis zwischen Frauen und Männern auf allen Ebenen lau- fend zu verbessern. Dies wird – einschließlich der Statistik über die ausgewählten Bewerberinnen – im jährlichen Evaluierungsbericht zu Gleichstellungsfragen in der OSZE nachgeprüft, der vom Generalsekretär gemäß Absatz 47 vorzulegen ist.
27. Die Hauptabteilung Personalressourcen überprüft die Einstellungsverfahren und Postenbe- schreibungen regelmäßig im Hinblick auf die durchgängige Berücksichtigung des Gleichstel- lungsaspekts, um mögliche Voreingenommenheiten und Hindernisse gegenüber Bewerberinnen zu erkennen und nötigenfalls die Verfahren entsprechend zu überarbeiten.
28. Die Hauptabteilung Personalressourcen wird sich bemühen, dafür zu sorgen, dass bei der Ein- stellung von Führungskräften, wenn möglich, sowohl weibliche als auch männliche Bewerber zu einem Einstellungsgespräch eingeladen werden und dass gegebenenfalls auf ein ausgewogenes Geschlechterverhältnis geachtet wird, wenn unter den Bewerbungen eine engere Auswahl getrof- fen wird. Aus der Liste der Bewerbungen, die in die engere Auswahl kommen und zu einem Ein- stellungsgespräch eingeladen werden, sollte auch hervorgehen, wie viele Frauen bzw. Männer sich tatsächlich um den Posten beworben haben.
29. In den Auswahlausschüssen für Einstellungsgespräche sollten, wenn möglich, Frauen und Män- ner in einem ausgewogenen Verhältnis vertreten sein.
30. Die Hauptabteilung Personalressourcen im Sekretariat wird ein jährliches Koordinierungs- treffen mit Delegationen und Schulungs-/Einstellungsexpertinnen aus den Hauptstädten abhalten, zum Zweck eines Informationsaustauschs über die gesuchten Anforderungsprofile und Kompe- tenzen und über bewährte Praktiken für die Einschulung zur Vorbereitung auf eine Mission. Bei diesen Treffen werden auch Bemühungen zur Schaffung eines ausgewogenen Zahlenverhältnisses zwischen Frauen und Männern bei der Personaleinstellung erörtert werden.
31. Das Sekretariat wird auch in Zukunft eine Jahresstatistik erstellen, aus der die aktuelle Ver- teilung von Frauen und Männern aufgeschlüsselt nach Postenkategorie für alle Ebenen hervor- geht. Diese Statistik wird sowohl Institutionen und Missionen als auch alle Hauptabteilungen und Dienststellen im Sekretariat umfassen und dem in Absatz 47 erwähnten jährlichen Evaluierungs- bericht des Generalsekretärs zu Gleichstellungsfragen als Anhang beigefügt werden.
(B) Durchgängige Berücksichtigung der Gleichstellung von Frauen und Männern in Aktivitäten, Politik, Programmen und Vorhaben der OSZE.
32. Die Teilnehmerstaaten, das Sekretariat, die Institutionen und Missionen sorgen dafür, dass alle Aktivitäten, Programme und Vorhaben der OSZE eine Geschlechterperspektive beinhalten. Das Ziel ist die Förderung der Gleichstellung von Frauen und Männern in der Praxis im OSZE-Gebiet, was für die umfassende Sicherheit wesentlich ist; sie konzentrieren sich insbesondere auf die Befä- higung von Frauen zu eigenverantwortlichem Handeln und die Beteiligung von Frauen wie Män- nern am öffentlichen, politischen und wirtschaftlichen Leben im Rahmen demokratischer und wirtschaftlicher Prozesse in den Teilnehmerstaaten. Der Prozess der durchgängigen Berücksich- tigung des Gleichstellungsaspekts zielt sowohl darauf ab, negative Rollenklischees zu überwinden
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und Einstellungen zu ändern, als auch Verhaltensweisen zu entwickeln, die den Boden für eine Gleichstellung von Frauen und Männern in allen Teilnehmerstaaten bereiten.
33. Die Beraterinnen für Gleichbehandlungsfragen im Sekretariat, in den Institutionen und Feld- einsätzen werden bei der Ausarbeitung neuer Richtlinien, Regeln und Vorschriften frühzeitig eingebunden. In ihren regelmäßigen Berichten an den Ständigen Rat unterrichten die Missionen und Institutionen den Rat gegebenenfalls über Fortschritte in ihren Bemühungen und auch über etwaige Probleme.
34. Das Konfliktverhütungszentrum (KVZ) und insbesondere die Projektkoordinationseinheit (PCC) werden dabei behilflich sein, sicherzustellen, dass die Gleichstellungsverträglichkeit von neuen Vorhaben, die in Missionen, Institutionen und Dienststellen im Sekretariat ausgearbeitet werden, sowie von bestehenden Vorhaben im Zuge ihrer Evaluierung geprüft wird.
35. Das Sekretariat und die Institutionen berücksichtigen die Geschlechterperspektive bei der Entwicklung von Vorhaben und Programmen für Teilnehmerstaaten, in denen keine OSZE-Mis- sion tätig ist.
36. Die durchgängige Berücksichtigung der Gleichstellung von Frauen und Männern in Aktivitä- ten, Politik, Vorhaben und Programmen der OSZE in der politisch-militärischen Dimension trägt auch den Verpflichtungen aus Resolution 1325 des Sicherheitsrats Rechnung, in der eine verstärkte Einbindung von Frauen unter anderem in Konflikt- verhütungs- und Wiederaufbauprozesse nach Konflikten gefordert wird.
37. Unterstützt vom Vorsitz, vom Generalsekretär und von den Leitungen der Institutionen sor- gen die Teilnehmerstaaten dafür, dass bei der Planung von OSZEKonferenzen und -Seminaren in allen drei Dimensionen die Geschlechterperspektive einfließt und dass gegebenenfalls auch damit zusammenhängende Themen einbezogen werden.
38. Um spürbare Fortschritte bei der durchgängigen Berücksichtigung des Gleichstellungsaspekts in Aktivitäten, Vorhaben und Programmen der OSZE herbeizuführen, sollten mit geschlechtsbe- zogenen Fragen befasste Institutionen und Missionen in Zusammenarbeit mit den Teilnehmer- staaten konkrete Folgemechanismen entwickeln.
39. Wo angebracht, werden die Missionen interne Arbeitsgruppen für Gleichstellungsfragen unter der Leitung der Kontaktstelle für Gleichbehandlungsfragen einrichten, die Strategien zur durch- gängigen Berücksichtigung des Gleichstellungsaspekts planen, deren Umsetzung begleitend kon- trollieren und die Sichtbarkeit ihrer gleichstellungsrelevanten Aktivitäten erhöhen. Es obliegt den Missionsleitungen, die Kontaktstellen für Gleichbehandlungsfragen auf entsprechend hoher Ebene einzurichten und dafür zu sorgen, dass sie uneingeschränkten Zugang zur leitenden Füh- rungsebene haben.
40. Die Abteilung Presse- und Öffentlichkeitsarbeit des Sekretariats, die Institutionen und Missi- onen werden eine ausgewogene Berichterstattung in Bezug auf die Gleichstellung von Frauen und Männern unterstützen und gegebenenfalls Tagungen, Seminare, Sonderveranstaltungen, Berichte, Fallbeispiele und Entwicklungen hervorheben, die mit der Umsetzung der OSZE-Verpflichtungen zur Gleichstellung der Geschlechter zu tun haben.
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IV. Förderung der Gleichstellung von Frauen und Männern in den Teilnehmerstaaten
41. Die Teilnehmerstaaten tragen einzeln und gemeinsam die Hauptverantwortung für die Umset- zung ihrer Verpflichtungen in Bezug auf gleiche Rechte und gleiche Chancen für Frauen und Män- ner und sind ihren Bürgerinnen gegenüber diesbezüglich rechenschaftspflichtig. Sie haben sich dazu verpflichtet, die Gleichstellung von Frauen und Männern zu einem festen Bestandteil ihrer Politik sowohl auf einzelstaatlicher als auch auf Organisationsebene zu machen. Sie werden dafür sorgen, dass die entsprechenden OSZE-Gremien genützt werden, um die Umsetzung von OSZE- Verpflichtungen betreffend die Gleichstellung von Frauen und Männern zu überprüfen.
42. Daher wird den Teilnehmerstaaten empfohlen: • dafür Sorge zu tragen, dass die Organisation eine Politik entwickelt, die die Gleichstellung von Frauen und Männern wirksam fördert, und dass bei neuen Vorschlägen und Initiativen die Geschlechterperspektive berücksichtigt wird; • Mechanismen zur Gewährleistung der Gleichstellung von Frauen und Männern zu schaffen bzw. bestehende Mechanismen zu stärken, unter anderem durch Bereitstellung der Dienste einer unparteiischen und unabhängigen Person oder Einrichtung, wie Volksanwaltschaft/Men- schenrechtsbeauftragte(r), die sich mit der geschlechtsspezifischen Diskriminierung einzelner Bürgerinnen befasst; • die internationalen Normen und Verpflichtungen in Bezug auf die Gleichstellung und Nicht- diskriminierung von Frauen und die Rechte von Frauen und Mädchen, die sie übernommen haben, einzuhalten und vollständig umzusetzen; • das Übereinkommen zur Beseitigung jeder Form von Diskriminierung der Frau (CEDAW) ein- zuhalten, sofern sie Vertragsparteien sind, oder andernfalls die Ratifikation bzw. den Beitritt zu diesem Übereinkommen zu erwägen. Staaten, die das Übereinkommen mit Vorbehalten rati- fiziert haben oder ihm mit Vorbehalten beigetreten sind, werden die Rücknahme dieser Vor- behalte erwägen. Die CEDAW- Vertragsstaaten werden auch aufgefordert, die Ratifikation des Fakultativprotokolls zum Übereinkommen zur Beseitigung jeder Form von Diskriminierung der Frau zu erwägen; • regelmäßig und zeitgerecht den jeweiligen Gremien Bericht zu erstatten, sofern sie Vertragspar- teien des Übereinkommens zur Beseitigung jeder Form von Diskriminierung der Frau (CEDAW), des Internationalen Paktes über zivile und politische Rechte (ICCPR) und/oder des Internatio- nalen Paktes über wirtschaftliche, soziale und kulturelle Rechte (ICESCR) sind, und Frauenor- ganisationen in die Erstellung ihrer Berichte einzubinden; • wenn notwendig, weitere Maßnahmen zu ergreifen, um ein sicheres Umfeld für ihre Bürgerin- nen und das Recht auf gleichen rechtlichen Schutz zu gewährleisten, ins-besondere durch die Verstärkung von Aktivitäten zur Beseitigung jeder Form von Gewalt gegen Frauen, einschließ- lich Menschenhandel*, und denjenigen, die das noch nicht getan haben, die Ratifikation und Umsetzung des Übereinkommens der Vereinten Nationen gegen die grenzüberschreitende orga- nisierte Kriminalität und seines Zusatzprotokolls zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, nahe zu legen; • nationale und internationale Bemühungen zu unterstützen, um Täter, die Verbrechen gegen Frauen begangen haben, die nach dem geltenden Völkerrecht als Kriegsverbrechen bzw. Ver- brechen gegen die Menschlichkeit anerkannt sind, vor Gericht zu bringen, und sicherzustellen,
* Siehe Beschluss des Ständigen Rates Nr. 557 vom 24. Juli 2003 betreffend die Verabschiedung des Aktionsplans der OSZE zur Bekämpfung des Menschenhandels.
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dass vorhandene innerstaatliche Rechtsvorschriften in Bezug auf Gewalt gegen Frauen durch- gesetzt und nötigenfalls neue Rechtsvorschriften erlassen werden; • falls sie dies noch nicht getan haben, in Befolgung der Empfehlungen in den Leitlinien über den internationalen Schutz vor Verfolgung wegen des Geschlechts im Rahmen von Artikel 1A Ziffer 2 des Abkommens von 1951 über die Rechtsstellung der Flüchtlinge bzw. seines Proto- kolls von 1967 über die Rechtsstellung der Flüchtlinge eine Verfahrenspraxis einzuführen, die sicherstellt, dass Frauen, die Flüchtlingsstatus beantragen, bei den Verfahren zur Feststellung desselben gebührend berücksichtigt werden, und dass Anträge infolge Verfolgung wegen des Geschlechts in ihrer ganzen Bandbreite gebührend anerkannt werden; • die Erfahrung der OSZE bei der Entwicklung dimensionenübergreifender politischer Konzepte und Strategien zur Gleichstellung von Frau und Mann zu nützen und im Anschluss an diese Politik unter anderem geschlechtsbezogene Analyse- und Begleitmechanismen zur Beurteilung der Auswirkung gleichstellungsbezogener Konzepte und Strategien anzuwenden, damit Hemm- nisse für die vollständige Umsetzung festgestellt und abgebaut werden können.
V. Unterstützung der OSZE-Teilnehmerstaaten bei der Umsetzung einschlägiger Verpflichtungen zur Förderung der Gleichstellung von Frauen und Männern
Bereiche von besonderem Interesse für alle OSZE-Teilnehmerstaaten
43. Die folgenden vorrangigen Bereiche werden als Grundlage für das Sekretariat, die Institutionen und Missionen der OSZE festgelegt, und sollen bei der Ausarbeitung von Plänen und Program- men Anwendung finden, die den Teilnehmerstaaten auf ihr Ersuchen bei der Umsetzung der ein- schlägigen Verpflichtungen helfen sollen. Alle OSZE-Strukturen sollten sich um Einhaltung dieser Prioritäten nach Maßgabe ihres jeweiligen Mandats bemühen. Auch Ländern, in die keine Mission entsandt wurde, wird dringend nahe gelegt, sich die fachliche Kompetenz der OSZE-Strukturen in vollem Umfang zu Nutze zu machen, um sich bei der Förderung der Gleichstellung von Frauen und Männern helfen zu lassen, da bisher noch in keinem Land völlige Gleichstellung verwirklicht ist.
44. Prioritäten
(a) Entwicklung von Projekten in OSZE-Staaten ohne Mission • In Ländern ohne Mission wird das BDIMR Vorhaben identifizieren, die zur Unterstützung von Maßnahmen in den Bereichen Verhütung von Gewalt gegen Frauen, Förderung von Frauen in Öffentlichkeit, Politik und Wirtschaft und Hilfestellung bei der durchgängigen Berücksichti- gung des Gleichstellungsaspekts auf nationaler Ebene gedacht sind.
(b) Sicherstellung eines diskriminierungsfreien rechtlichen und politischen Rahmens • In Zusammenarbeit mit anderen internationalen Organisationen und maß geblichen nationa- len Gremien und Institutionen wird das BDIMR den OSZETeilnehmerstaaten bei der Einhal- tung internationaler Übereinkünfte zur Förderung der Gleichstellung von Frauen und Männern und der Frauenrechte und bei der Überprüfung ihrer Rechtsvorschriften helfen, um für ent- sprechende gesetzliche Sicherstellungen für die Förderung der Gleichstellung von Frauen und Männern im Einklang mit OSZE- und anderen Verpflichtungen zu sorgen; • das BDIMR wird bei der Entwicklung und Umsetzung konkreter Programme und Aktivitäten zur Förderung der Rechte von Frauen, zur Stärkung der Rolle der Frau auf allen Entscheidungsebe- nen und zur Förderung der Gleichstellung von Frauen und Männern im gesamten OSZE-Gebiet behilflich sein, insbesondere durch Bewusstseinsbildung in Bezug auf Gleichstellungsfragen;
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• das BDIMR wird bei der Umsetzung und Evaluierung nationaler Strategien und Aktionspläne betreffend Maßnahmen zur Förderung der Gleichstellung und zur durchgängigen Berücksich- tigung des Gleichstellungsaspekts behilflich sein; • auch das Sekretariat, die Institutionen und die Feldeinsätze der OSZE werden den Teilnehmer- staaten bei der Umsetzung der einschlägigen Bestimmungen und Empfehlungen im OSZE-Akti- onsplan zur Bekämpfung des Menschenhandels und im OSZE-Aktionsplan zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet helfen.
(c) Verhütung von Gewalt gegen Frauen* • Die OSZE-Strukturen werden den Teilnehmerstaaten bei der Entwicklung von Programmen und Aktivitäten zur Verhütung jeder Form von geschlechts¬bezogener Gewalt weiterhin behilf- lich sein†; • die OSZE-Strukturen werden den Teilnehmerstaaten bei Gesetzesinitiativen zur Verhinderung von Gewalt gegen Frauen behilflich sein und den Aufbau von Institutionen fördern, die die Koor- dinierung zwischen Regierungsinstitutionen und der Zivilgesellschaft verstärken und ganz all- gemein das Problembewusstsein heben; • die OSZE-Strukturen werden sich in Zusammenarbeit mit den Teilnehmerstaaten mit der geschlechtsbezogenen Dimension der Proliferation von Kleinwaffen und leichten Waffen (SALW) auseinander setzen. Die Proliferation von SALW wirkt sich auf die Gewalt gegen Frauen erschwe- rend aus und daher sollte bei einschlägigen Bemühungen die Gleichstellungsperspektive berück- sichtigt werden; • die Gruppe Strategische Polizeiangelegenheiten (SPMU) wird verstärkt Projekte entwickeln, um die Teilnehmerstaaten im Umgang mit Straftaten im Zusammenhang mit sexueller Gewalt und bei der Aufnahme bestimmter Elemente – wie etwa eigene Ermittlungstechniken und Befra- gungsmethoden für den Umgang mit Opfern sexueller Gewalt einschließlich Kindern sowie Informationen über Leitsysteme für Opferhilfe – in die Lehrpläne für die Polizeiaus- und -fort- bildung zu unterstützen; • das Büro des Koordinators für ökonomische und ökologische Aktivitäten der OSZE (OCEEA) und die Unterstützungsgruppe Bekämpfung des Menschenhandels (ATAU) helfen in Koordina- tion mit einschlägigen OSZE-Institutionen und -Strukturen den Teilnehmerstaaten dabei, sich mit der fehlenden Chancengleichheit für Frauen, der Arbeitslosigkeit von Frauen und anderen geschlechtsbezogenen Aspekten des Menschenhandels einschließlich der Nachfrage nach sexuel- ler und anderen Formen der Ausbeutung auseinander zu setzen, wobei sie auf die tieferen Ursa- chen des Menschenhandels eingehen; • die Gruppe Terrorismusbekämpfung (ATU) wird sich auf Ersuchen der Frage der Ausbeutung von Frauen durch Terroristen für deren Zwecke und zur Propagierung extremistischer Ideolo- gien aktiv annehmen;
* Artikel 2 (b) der Erklärung der Vereinten Nationen über die Beseitigung der Gewalt gegen Frauen lautet: „Unter Gewalt gegen Frauen sind, ohne darauf beschränkt zu sein, die folgenden Handlungen zu verstehen: [...] körper- liche, sexuelle und psychologische Gewalt im Umfeld der Gemeinschaft, einschließlich Vergewaltigung, sexu- eller Missbrauch, sexuelle Belästigung und Einschüchterung am Arbeitsplatz, in Bildungseinrichtungen und andernorts, Frauenhandel und Zwangsprostitution.“ † Die Resolution der Vereinten Nationen „Weitere Maßnahmen und Initiativen zur Umsetzung der Erklärung und Aktionsplattform von Beijing“ (A/RES/S-23/3) vom 16. November 2000 hält fest (Absatz 59): “Geschlechts- bezogene Gewalt [...], wie etwa Misshandlungen oder andere Formen der häuslichen Gewalt, sexueller Miss- brauch, sexuelle Versklavung und Ausbeutung, internationaler Frauen- und Kinderhandel, Zwangsprostitution und sexuelle Belästigung [...] sind mit der Würde und dem Wert der menschlichen Person unvereinbar [...].“
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• da negative Geschlechterklischees zum Fortbestand der Gewalttätigkeit gegen Frauen beitragen, sollten die Programme, Vorhaben und Aktivitäten der OSZE darauf abzielen, Frauen zu eigen- verantwortlichem Handeln zu befähigen.
(d) Sicherstellung von Chancengleichheit für die Beteiligung von Frauen am politischen und öffentlichen Leben • Das BDIMR wird den Teilnehmerstaaten bei der Entwicklung wirksamer Maßnahmen zur Ver- wirklichung der gleichberechtigten Beteiligung von Frauen an demokratischen Prozessen hel- fen und wird bei der Entwicklung bewährter Methoden für deren Umsetzung behilflich sein; • das BDIMR und gegebenenfalls OSZE-Feldeinsätze werden beim Aufbau örtlicher Kompetenz und Sachkenntnis in Gleichstellungsfragen und bei der Vernetzung führender Vertreter von Gemeinschaften und Politikern Hilfestellung leisten; • das BDIMR wird den Teilnehmerstaaten weiterhin bei der Förderung der politischen Mitsprache von Frauen helfen. Im Rahmen seiner Wahlbeobachtungsmissionen wird es auch in Zukunft die Teilnahme von Frauen an Wahlprozessen beobachten und darüber Bericht erstatten. Zusätzlich wird das BDIMR, wenn möglich, Berichte in Auftrag geben und veröffentlichen, in denen ins- besondere die Situation von Frauen bei Wahlprozessen analysiert wird; • der Hohe Kommissar für nationale Minderheiten (HKNM) wird sich mit konkreten Fragen im Zusammenhang mit der Teilnahme von Frauen, die nationalen Minderheiten angehören, am öffentlichen und privaten Leben befassen und im Rahmen der von seinem Büro entwickelten Konzepte und Projekte die zur Bekämpfung der doppelten Diskriminierung dieser Frauen not- wendigen Schritte ergreifen, wenn angebracht im Rahmen seines Konfliktverhütungsmandats; • der OSZE-Beauftragte für Medienfreiheit (RFOM) wird im Einklang mit Kapitel 6 seines Mandats auf Anzeichen für ernst zu nehmende Intoleranz gegenüber Frauen und Aufrufe zu geschlechts- bedingter Diskriminierung in den Medien oder durch die Medien in den Teilnehmerstaaten achten. Der Beauftragte wird die Teilnehmerstaaten in seinen regelmäßigen Berichten auf diese Fälle aufmerksam machen.
(e) Ermutigung von Frauen zur Teilnahme an Konfliktverhütung und Krisenmanagement und am Wiederaufbau nach Konfliktende • Die OSZE-Strukturen werden, wenn angebracht, im Rahmen ihres Mandats die Umsetzung von Resolution 1325 (2000) des Sicherheitsrats betreffend die Rolle von Frauen unter anderem bei der Konfliktverhütung und dem Wiederaufbau nach Konfliktende fördern; • die OSZE-Strukturen werden, wenn angebracht, den Teilnehmerstaaten bei der Entwicklung von Programmen und Vorhaben helfen, deren Ziel es ist, Frauen gleiche Chancen bei der Teil- nahme an Bemühungen zur Förderung von Frieden und Sicherheit einzuräumen, einschließlich jener an der Basis und auf regionaler Ebene. Die Befähigung von Frauen zu eigenverantwort- licher Teilnahme an der politisch-militärischen Dimension ist auch wesentlich für die umfas- sende Sicherheit.
(f) Förderung gleicher Chancen für Frauen in der Wirtschaft • Das OCEEA wird Initiativen ergreifen, um das Bewusstsein für Frauenrechte in der Wirtschaft im Sinne von Absatz 40.6 des Moskauer Dokuments zu stärken und gegebenenfalls Projekte zu seiner Umsetzung entwickeln; • das OCEEA sollte bei der Umsetzung seiner Aufgaben laut dem vom Ministerrat in Maastricht 2003 verabschiedeten OSZE-Strategiedokument für die Wirtschafts- und Umweltdimension und dem Dokument der Bonner Konferenz über wirtschaftliche Zusammenarbeit in Europa die Gleichstellungsperspektive berücksichtigen;
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• das OCEEA wird auf Ersuchen den Teilnehmerstaaten bei der Gestaltung ihrer Wirtschaftspo- litik auf Grundlage der im Bonner Dokument und im OSZEStrategiedokument für die Wirt- schafts- und Umweltdimension festgelegten Prinzipien behilflich sein. Im Hinblick darauf sollte die OSZE ihre Zusammenarbeit mit der Wirtschaftskommission der Vereinten Nationen für Europa und anderen Organisationen fortsetzen und verstärken; • das OCEEA wird gemeinsam mit den Teilnehmerstaaten und Missionen die Hindernisse unter- suchen, die Frauen davon abhalten, in der Wirtschaft ihr Potenzial auszuschöpfen, und Pro- jekte entwickeln, die die Rolle von Frauen in der Wirtschaft stärken und sicherstellen, dass sie in diesem Bereich keiner Diskriminierung ausgesetzt sind, insbesondere was den Zugang zu wirtschaftlichen und finanziellen Ressourcen wie Kredite, Eigentums- und Erbrechte betrifft; • das OCEEA und gegebenenfalls die Missionen sollten die Entwicklung unternehmerischer und anderer berufsbezogener Fähigkeiten von Frauen fördern, durch die Unterstützung von Ausbil- dungs-, Fortbildungs-, Umschulungs- und Fachausbildungseinrichtungen und die Förderung der Schulbildung und Ausbildung von Frauen und Männern in anderen als den herkömmli- chen Fachgebieten und Berufen; • das OCEEA wird internationale Geberorganisationen und Finanzierungseinrichtungen zur Unterstützung von Projekten ermutigen, die die Rolle von Frauen in der Wirtschaft stärken oder gleichberechtigten Zugangzum Arbeitsmarkt sicherstellen sollen. Projekte zu Beschäftigungs- fragen sollten besonders den Grundsatz unterstreichen, dass Vereinbarungen betreffend Mut- terschutz und Vaterschutz ein Schlüsselelement für die Förderung der Chancengleichheit und der Aufgabenteilung von Frauen und Männern sind; • die OSZE-Strukturen werden den Teilnehmerstaaten dabei helfen, dafür zu sorgen, dass Mäd- chen und Knaben ebenso wie Frauen und Männer gleiche Chancen im Hinblick auf Schulbil- dung und Ausbildung haben.
(g) Aufbau nationaler Mechanismen für die Frauenförderung • Das BDIMR wird auch in Zukunft technisches Fachwissen und Unterstützung für den Auf- bau demokratischer Institutionen zur Förderung der Gleichstellung von Frauen und Männern, wie Volksanwaltschaften auf lokaler und gegebenenfalls Landesebene, zur Verfügung stellen; • das BDIMR wird den Dialog und die Zusammenarbeit zwischen der Zivilgesellschaft, den Medien und der Regierung im Hinblick auf die Förderung der durchgängigen Berücksichtigung der Gleichstellung von Frauen und Männern erleichtern.
(h) Der Parlamentarischen Versammlung wird nahe gelegt: • die Frage der Chancengleichheit von Frauen und Männern in nationalen Parlamenten sowie in der OSZE und in der Parlamentarischen
Versammlung der OSZE auch in Zukunft auf ihr Programm zu setzen, nachdem sie die Gleich- stellung von Frauen und Männern in der Tagesordnung für die Plenarsitzungen der Versamm- lung durchgängig zum Thema gemacht hat; • die bestehende Vernetzung zwischen Parlamentarierinnen durch die Arbeit der Sonderbeauf- tragten der Parlamentarischen Versammlung der OSZE für Gleichstellungsfragen weiter zu ent- wickeln, um die Beteiligung von Frauen am politischen und öffentlichen Leben auf nationaler und internationaler Ebene zu fördern; • mit Hilfe der Sonderbeauftragten dafür zu sorgen, dass sie in ihren jährlichen Erklärungen wei- terhin Empfehlungen zur Gleichstellung der Geschlechter abgibt;
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• weiterhin über die Dienststelle für Gleichstellungsfragen im Sekretariat der Parlamentarischen Versammlung der OSZE Berichte über die Stellung der Frau im OSZE-Gebiet vorzulegen und sich durch Übermittlung dieser Unterlagen an alle teilnehmenden Parlamente um eine ver- stärkte Sensibilisierung für das Thema zu bemühen.
VI. Allgemeine Folgemassnahmen
45. Der Generalsekretär und die Leitungen der Missionen und Institutionen sind gegenüber dem Ständigen Rat für die Umsetzung der entsprechenden Teile dieses Aktionsplans im Einklang mit ihren jeweiligen Aufgabenbereichen verantwortlich.
46. Der Generalsekretär erstellt bis 1. Oktober 2005 einen Plan für die Durchführung von Maß- nahmen zur Verwirklichung der Gesamtziele dieses Aktionsplans. Auch die Leitungen der Ins- titutionen erstellen bis dahin ihre eigenen Durchführungspläne. Diese Pläne enthalten konkrete Maßnahmen für die Verwirklichung des Aktionsplans 2004 zur Förderung der Gleichstellung von Frauen und Männern, Maßnahmen für Schulungsprogramme im Hinblick auf die durchgängige Berücksichtigung des Gleichstellungsaspekts in der Arbeit von OSZEBediensteten, Maßnahmen zur dimensionenübergreifenden durchgängigen Berücksichtigung des Gleichstellungsaspekts in Politik, Vorhaben und Programmen der OSZE und schließlich Führungs- und Einstellungsstra- tegien zur Herstellung eines ausgewogenen Zahlenverhältnisses zwischen Frauen und Männern auf allen Ebenen.
47. Der Generalsekretär berichtet im Jahresbericht 2004 über den Stand der Arbeit an Gleichstel- lungsfragen. Danach legt der Generalsekretär einen jährlichen Evaluierungsbericht zu Gleichstel- lungsfragen in der OSZE vor. Dieser Bericht wird dem Ständigen Rat ab 2006 im Juni jedes Jahres unterbreitet. Der Evaluierungsbericht wird Beiträge der Hauptabteilungen sowie der Institutionen und Missionen über Entwicklungen in Bezug auf die Gleichstellung von Frauen und Männern und die durchgängige Berücksichtigung des Gleichstellungsaspekts in den OSZE-Strukturen enthal- ten, darunter Informationen über die in Absatz 46 angeführten Pläne. Er wird auch eine Analyse des Erreichten im Lichte der Anforderungen dieses Aktionsplans enthalten.
48. Ab Juni 2006 wird der Ständige Rat auf Grundlage des jährlichen Evaluierungsberichts des Generalsekretärs zu Gleichstellungsfragen eine jährliche Aussprache abhalten, die ausschließlich Gleichstellungsfragen gewidmet ist und die Überprüfung und nötigenfalls Aktualisierung der Konzepte und Strategien zur durchgängigen Berücksichtigung des Gleichstellungsaspekts und zur Förderung der Gleichstellung von Frauen und Männern umfasst. Bei dieser Aussprache sollte auch die Umsetzung dieses Aktionsplans kontrolliert werden.
49. Zu gegebener Zeit und wenn angebracht kann die Notwendigkeit erwogen werden, in das Mandat der jeweiligen Mission in Zusammenarbeit mit dem Gastland eine Gleichstellungspers- pektive einzufügen.
50. Den Zeitpunkt für die nächste Überprüfung des Aktionsplans 2004 zur Förderung der Gleich- stellung von Frauen und Männern beschließt der Ständige Rat.
51. Für die Umsetzung dieses Aktionsplans ist die Bereitstellung entsprechender Ressourcen erfor- derlich.
278 Dokument des dreizehnten Treffens des Ministerrats Laibach 2005
I. Erklärungen des Ministerrats
Ministererklärung zum internationalen Übereinkommen zur Bekämpfung Nuklearterroristischer Handlungen
1. Wir, die Minister für auswärtige Angelegenheiten der OSZE-Teilnehmerstaaten, begrüßen die Verabschiedung des Internationalen Übereinkommens zur Bekämpfung nuklearterroristischer Handlungen durch die Generalversammlung der Vereinten Nationen.
2. Wir sagen zu, alles in unseren Kräften Stehende zu tun, um dieses internationale Übereinkom- men am 14. September 2005, dem Tag, an dem es am Amtssitz der Vereinten Nationen in New York zur Unterzeichnung aufgelegt wird, zu unterzeichnen.
3. Wir ermutigen dazu, alle erforderlichen Maßnahmen zu ergreifen, um dieses internationale Übereinkommen ehestmöglich zu ratifizieren, anzunehmen, zu genehmigen oder auf andere Weise Vertragspartei dieser Übereinkunft zu werden.
4. Wir fordern den OSZE-Generalsekretär und das Büro für demokratische Institutionen und Men- schenrechte eindringlich auf, ersuchenden Teilnehmerstaaten auf offizielle Anfrage gegebenenfalls technische Hilfe/Beratung im Hinblick auf die zügige Ratifikation, Annahme oder Genehmigung dieses internationalen Übereinkommens in enger Zusammenarbeit mit dem Büro der Vereinten Nationen für Drogen- und Verbrechensbekämpfung anzubieten.
5. Wir laden die OSZE-Kooperationspartner und die Kooperationspartner im Mittelmeerraum ein, sich unserer Initiative anzuschließen.
Erklärung des OSZE-Ministerrats zum 20. Jahrestag der Katastrophe im Kernkraftwerk Tschernobyl
Am 26. April 2006 wird sich zum 20. Mal die Katastrophe im Kernreaktor von Tschernobyl jähren.
In Erinnerung an diesen tragischen Tag gedenken wir erneut aller Opfer, auch aller Arbeiter der Rettungs- und Bergungseinsätze dieser in Umfang und Folgen größten technischen Katastrophe des zwanzigsten Jahrhunderts.
Bei diesem Unglück wurden große Gebiete Europas massiv radioaktiv verseucht, wobei die Hoheits- gebiete von Belarus, der Russischen Föderation und der Ukraine am schwersten betroffen waren. Der Unfall hatte gravierende Auswirkungen auf das Leben und die Gesundheit von Millionen
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Menschen, insbesondere von Kindern, und bedeutete eine schwere Belastung für Wirtschaft und Umwelt in den meisten betroffenen Staaten.
Wir würdigen die enormen Anstrengungen, die die Regierungen der betroffenen Staaten zur Bewältigung der Auswirkungen des Reaktorunglücks von Tschernobyl unternommen haben. Diese Bemühungen konnten sich in einem großem Maße auf das Engagement der internationa- len Gemeinschaft stützen, etwa auch das der Organisationen des Systems der Vereinten Nationen, der Weltbank und der Europäischen Bank für Wiederaufbau und Entwicklung (EBWD), dessen Ziel es war, die Auswirkungen der TschernobylKatastrophe verringern zu helfen. Wir würdigen ferner den Beitrag nichtstaatlicher Organisationen, privater Initiativen und von Privatpersonen.
Dennoch sind auch heute noch die Langzeitfolgen der Katastrophe, einschließlich humanitärer, öko- logischer, sozialer, wirtschaftlicher und gesundheitlicher Probleme, weiterhin vorhanden. Es müssen daher weitere Anstrengungen zur Abschwächung dieser Folgen unternommen werden, die sich in erster Linie auf so lebenswichtige Fragen wie den wirtschaftlichen Wiederaufbau und die Umwelt- sanierung sowie auf die nachhaltige Entwicklung der betroffenen Gebiete konzentrieren sollten.
Wir sind uns überdies der Tatsache bewusst, dass das Kernkraftwerk von Tschernobyl auch weiter- hin eine potenzielle Bedrohung in Mitteleuropa darstellt. In dieser Hinsicht sollte der Fertigstel- lung der Ummantelung des Reaktorblocks IV des Tschernobyl-Reaktors besondere Aufmerksamkeit zukommen und der wichtigste noch verbleibende Projektabschnitt, der New Safe Confinement Arch, errichtet werden. Wir anerkennen die Bemühungen der internationalen Gemeinschaft zur Aufstockung ihrer Finanzzusagen für den Fonds der EBWD für die Ummantelung des Tscherno- byl-Reaktors (Sarkophag-Fonds) auf über 1 Milliarde US-Dollar dieses Jahr.
Umweltfragen gehörten stets zum Mandat der OSZE als Teil des umfassenden Ansatzes der Orga- nisation in Fragen der Sicherheit und Zusammenarbeit. In der Schlussakte von Helsinki kamen wir überein, jene Umweltprobleme, die ihrem Wesen nach eine multilaterale, bilaterale, regionale oder subregionale Dimension aufweisen, im Hinblick auf ihre Lösung zu untersuchen und zur Ent- wicklung eines interdisziplinären Lösungsansatzes für Umweltprobleme zu ermutigen.
In diesem Zusammenhang wird die OSZE auch weiterhin zu den internationalen Kooperationsbe- mühungen zur Abschwächung der Folgen des Tschernobyl-Unfalls beitragen, unter anderem auch durch die Mitwirkung an einschlägigen Projekten und deren Unterstützung, und in Absprache mit den betroffenen Staaten entsprechende Hilfe leisten und Fachkenntnisse zur Verfügung stellen.
Eingedenk dieses tragischen Ereignisses glauben wir, dass die Katastrophe von Tschernobyl gezeigt hat, wie wichtig es ist, dass die internationale Gemeinschaft einvernehmlich vereinbarte politi- sche Grundkonzepte und Strategien entwickelt und anwendet, um sicherzustellen, dass geeignete Vorkehrungen für die Verhütung bzw. die Reaktion auf technische Unfälle und ihre Folgen für den Menschen und die Umwelt vorhanden sind. Wir meinen ferner, dass zur erfolgreichen Bewäl- tigung dieser Herausforderungen abgestimmte Bemühungen zwischen den betroffenen Staaten, den einschlägigen internationalen Organisationen, den Finanzinstitutionen und anderen interes- sierten Gebern notwendig sind.
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II. Konzept für Grenzsicherung und –Management
Kooperationsrahmen für die OSZE-Teilnehmerstaaten
Kapitel I: Die Verpflichtungen der OSZE-Teilnehmerstaaten
1. Angesichts der Tatsache, dass Grenzsicherung und -management eine Angelegenheit der natio- nalen Souveränität und Zuständigkeit der Staaten ist, bekräftigen die OSZETeilnehmerstaaten ihre Verpflichtung zur Förderung offener und sicherer Grenzen in einem freien, demokratischen und integrierteren OSZE-Gebiet ohne Trennlinien. Dabei verpflichten sie sich außerdem, im Sinne der Grundsätze des Völkerrechts, des gegenseitigen Vertrauens, der gleichberechtigten Partnerschaft, der Transparenz und der Vorhersehbarkeit zusammenzuarbeiten und einen umfassenden Ansatz zu verfolgen, in einem Geist, der freundschaftlichen Beziehungen zwischen den Staaten förderlich ist.
2. Die OSZE-Teilnehmerstaaten bekräftigen die von ihnen auf allen Ebenen eingegangenen Ver- pflichtungen in grenzbezogenen Fragen: 2.1 Auf globaler Ebene: In Fragen der Grenzsicherung und des Grenzmanagements bekräftigen die Teilnehmerstaaten ihre völkerrechtlichen Verpflichtungen, insbesondere gemäß den internationa- len Menschenrechtsnormen, dem Flüchtlingsrecht und dem humanitären Völkerrecht; sie können überdies Standards und Empfehlungen der Weltzollorganisation, der Internationalen Organisa- tion für Migration, der Internationalen Arbeitsorganisation, des Hohen Flüchtlingskommissars der Vereinten Nationen und anderer einschlägiger internationaler Organisationen in Betracht ziehen. 2.2 Auf OSZE-Ebene: Die Teilnehmerstaaten bekräftigen die in der Schlussakte von Helsinki nie- dergelegten Normen, Prinzipien, Verpflichtungen und Werte, die alle gleichermaßen und ohne Vorbehalt gelten und jeweils unter Berücksichtigung aller anderen auszulegen sind. Sie bekräfti- gen die Prinzipien und Verpflichtungen aus dem Kopenhagener Dokument 1990, dem Helsinki- Dokument 1992 und der Europäischen Sicherheitscharta 1999. Sie verweisen auf die Aktionspläne, Beschlüsse und sonstigen maßgeblichen vereinbarten OSZE-Dokumente, die grenzbezogene Fra- gen zum Gegenstand haben. So sind insbesondere die Stärkung der OSZE-Fähigkeiten zur För- derung offener und sicherer Grenzen sowie die Verstärkung der für alle Seiten nutzbringenden Zusammenarbeit zwischen den Staaten eine Handhabe gegen Bedrohungen durch Terrorismus, organisierte Kriminalität, illegale Migration und den illegalen Waffen-, Drogen- und Menschen- handel, wie es in Absatz 35 der OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert heißt; 2.3 Auf regionaler und subregionaler Ebene: In demselben Geist bekräftigen die Teilnehmerstaa- ten ihre Verpflichtungen in allen regionalen und subregionalen Zusammenschlüssen, in denen sie Mitglied sind, und sie verpflichten sich, ihre Zusammenarbeit in allen einschlägigen Organisatio- nen und Gremien zu fördern, um Übereinstimmung zwischen Politik und Standards zu gewähr- leisten und Doppelgleisigkeit zu vermeiden. 2.4 Bilateral: Im Sinne der Solidarität und des Strebens nach gutnachbarlichen Beziehungen wer- den die Teilnehmerstaaten ihre bilateralen Abkommen zu Grenzfragen einhalten und bemüht sein, die Weitergabe von Erfahrungen und bewährten Praktiken zu fördern.
Kapitel II: Die wichtigsten Ziele der Zusammenarbeit
3. Ziel der Zusammenarbeit zwischen den Teilnehmerstaaten ist die Förderung der Umsetzung der Verpflichtungen in Bezug auf Grenzfragen. Sie sollte die Einhaltung der von den Teilnehmer- staaten anerkannten Standards für Grenzsicherheit und Grenzmanagement fördern und sie unter anderem durch die Weitergabe von bewährten Praktiken verbessern.
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4. Die Teilnehmerstaaten werden die Zusammenarbeit zwischen ihren Grenzschutz diensten, Zoll- behörden, Dienststellen für die Ausstellung von Reisedokumenten und Sichtvermerken, für Straf- verfolgung und Migration sowie zwischen anderen zuständigen nationalen Einrichtungen fördern und damit folgende Ziele anstreben: 4.1 Förderung des freien und sicheren Verkehrs von Personen, Waren, Dienstleistungen und Inves- titionen über Grenzen hinweg im Einklang mit dem jeweiligen rechtlichen Rahmen, dem Völ- kerrecht und den OSZE-Verpflichtungen, indem sie im Sinne der Verpflichtungen aus den oben genannten Dokumenten unter anderem die Sicherheit von Reisedokumenten verbessern und gege- benenfalls Bedingungen fördern, die eine Liberalisierung der Visabestimmungen erlauben könnten; 4.2 Verringerung der terroristischen Bedrohung, auch durch die Verhinderung grenzüberschrei- tender Personen-, Waffen- und Kapitalbewegungen, die mit terroristischen und sonstigen krimi- nellen Aktivitäten in Zusammenhang stehen; 4.3 Verhütung und Unterbindung der grenzüberschreitenden organisierten Kriminalität, der ille- galen Migration, der Korruption sowie des Schmuggels und illegalen Handels mit Waffen, Dro- gen und Menschen; 4.4 Förderung hoher Standards im Grenzschutzdienst und in den zuständigen nationalen Dienst- stellen; 4.5 Förderung einer respektvollen Behandlung aller Personen, die eine Grenze überschreiten möch- ten, im Einklang mit dem jeweiligen nationalen Rechtsrahmen, dem Völkerrecht, insbesondere den Menschenrechten, dem Flüchtlingsrecht und dem humanitären Recht sowie mit den einschlä- gigen OSZE-Verpflichtungen; 4.6 Schaffung günstiger Bedingungen für die soziale und wirtschaftliche Entwicklung in Grenz- gebieten sowie für den Wohlstand und die kulturelle Entwicklung aller in Grenzgebieten leben- den Gruppen, und Zugang zu allen Möglichkeiten; 4.7 Verbesserung der Aussichten auf eine gemeinsame wirtschaftliche Entwicklung und Hilfe bei der Schaffung gemeinsamer Freiheits-, Sicherheits- und Rechtsräume im OSZE-Gebiet; 4.8 Gewährleistung der Sicherheit der internationalen Verkehrswege für die Versorgung mit Waren.
Kapitel III: Grundsätze der Zusammenarbeit zwischen den OSZE-Teilnehmerstaaten in Grenzfragen
Geleitet vom kooperativen Ansatz der OSZE,
5. sind sich die Teilnehmerstaaten darin einig, dass ihr gemeinsamer Wohlstand und ihre gemein- same Sicherheit durch die Ausweitung des nützlichen grenzüberschreitenden Verkehrs von Perso- nen, Waren, Dienstleistungen und Investitionen erhöht werden können.
6. Fragen im Zusammenhang mit der Regelung des grenzüberschreitende Verkehrs lassen sich am besten durch direkte Zusammenarbeit zwischen den Grenzschutzdiensten und den zuständigen nationalen Dienststellen der Teilnehmerstaaten auf der Grundlage einschlägiger Abkommen behan- deln. Diese Zusammenarbeit sollte auf bilateraler, regionaler und multilateraler Ebene erfolgen.
7. Souveräne nationale Behörden, und insbesondere die beiderseits der Grenze zuständigen Grenz- schutzdienste, sind mit diesen Fragen am besten vertraut. Dialog, Transparenz und Vertrauensbil- dung über die Grenzen hinweg sind erste logische Schritte auf der Suche nach Lösungen, die eine Verbesserung zum Nutzen aller darstellen.
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8. Die Grenzen in der OSZE sind nicht einheitlich. Jede Grenze hat ihre Besonderheit und kann spezielle politische Entscheidungen erforderlich machen. Jeder Teilnehmerstaat hat das souveräne Recht, selbst über seine Grenzsicherung und sein Grenzmanagement unter Berücksichtigung ein- schlägiger politischer, militärischer, wirtschaftlicher und sozialer Überlegungen zu entscheiden.
Kapitel IV: Der Beitrag der OSZE
9. Die OSZE stellt im Einklang mit ihrem Konzept der gemeinsamen, umfassenden, kooperativen und unteilbaren Sicherheit einen geeigneten politischen Rahmen dar und bietet die Dienste ihrer Einrichtungen und Institutionen für Beiträge an. Sie wird auf Ersuchen von Teilnehmerstaaten und im Geiste der Solidarität und Partnerschaft auf der Grundlage des gemeinsamen Interesses und der gegenseitigen Achtung tätig. Wenn die OSZE einen Beitrag in Grenzgebieten zwischen Teilnehmerstaaten anbietet, wird sie nach ausführlichen Konsultationen mit diesen Teilnehmer- staaten und unter Berücksichtigung der von diesen geäußerten Ansichten handeln.
10. Grundlage der Arbeit der OSZE zur Unterstützung der Grenzsicherheit und des Grenzma- nagements werden Realismus und Pragmatismus sein. Sie wird bestmöglichen Gebrauch von den OSZE-Einrichtungen und -Institutionen machen, deren Stärkung in Betracht gezogen werden sollte. Grenzbezogene Aktivitäten der OSZE unterliegen einer ständigen regelmäßigen Überprüfung und begleitenden Kontrolle durch die Beschlussfassungsgremien der OSZE und den Haushaltsprozess.
11. Die OSZE wird durch Erörterungen in einer entsprechenden Beratungsgruppe, die sich mit der Umsetzung der Verpflichtungenund der zukünftigen Entwicklung der Zusammenarbeit zwi- schen den Teilnehmerstaaten in diesem Bereich befassen wird, für einen kontinuierlichen politi- schen Dialog zu Grenzfragen sorgen und die OSZE-Einrichtungen und -Institutionen bei deren Grenzaktivitäten anleiten.
12. Die OSZE ist und bleibt ein Forum für Dialog und Konfliktlösung durch friedlichen Dialog. Der OSZE-Vergleichs- und Schiedsgerichtshof ist diesbezüglich ein Instrument, das den Staa- ten, die seine Gerichtsbarkeit anerkennen, für Konsultationen und auf Ersuchen für vertrauliche Rechtsgutachten zur Verfügung steht.
13. Der mögliche Beitrag der OSZE kann unter anderem durch folgende Methoden in die Praxis umgesetzt werden: • Austausch von Informationen, Erfahrungen und bewährten Praktiken • Einrichtung von „Kontaktstellen“ und nationalen Anlaufstellen; • Abhaltung von Workshops und Konferenzen, unter anderem mit Expertenbeteiligung • Pflege von Kontakten und gemeinsames Vorgehen mit den zuständigen internationalen und regionalen Organisationen.
Eine detailliertere Liste möglicher OSZE-Beiträge ist im Anhang enthalten.
Kapitel V: Externe Zusammenarbeit der OSZE mit internationalen Organisationen und Partnern
14. Die OSZE kann im Sinne der Plattform für kooperative Sicherheit ihren organisatorischen Rah- men für ein gemeinsames Vorgehen in Grenzangelegenheiten mit internationalen, regionalen und subregionalen Organisationen anbieten.
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15. Die internationale Zusammenarbeit und Hilfeleistung könnte durch einen ziel- orientierte- ren und koordinierteren Ansatz verbessert werden. Die OSZE sollte ihre politische und operative Koordination mit anderen internationalen Organisationen und Institutionen zur Förderung offener und sicherer Grenzen fortsetzen. Komplementarität, komparativer Vorteil und Mehrwert sollten den koordinierten Ansatz leiten, unter anderem durch konzertiertes Handeln und den gemeinsa- men Einsatz internationaler Ressourcen.
16. Als regionale Abmachung im Sinne von Kapitel VIII der Charta der Vereinten Nationen ist die OSZE auch ein Forum für die Zusammenarbeit mit subregionalen Organisationen in ihrem Raum. Eine verstärkte Koordination im Bereich Grenzsicherung und -management auf subregi- onaler Ebene kann den Weg zu offenen und sicheren Grenzen im gesamten OSZE-Raum ebnen.
17. Die Kooperationspartner werden sich den Bestimmungen dieses Konzepts auf freiwilliger Basis anschließen.
Anhang zu MC.DOC/2/05/Corr.1 Mögliche OSZE-Beitrage
Die Beiträge der OSZE auf der Grundlage der Erfahrungen mit grenzbezogenen Programmen könnten auf Ersuchen interessierter Teilnehmerstaaten und überall dort, wo sie einen kompa- rativen Vorteil aufweisen und wertsteigernd wirken, unter anderem in folgender Form erfolgen:
A. Förderung:
1. des politischen Dialogs zwischen den Teilnehmerstaaten zu Grenzfragen, einschließlich guter Dienste der OSZE;
2. von vertrauensbildenden Maßnahmen in Grenzgebieten im Sinne der einschlägigen OSZE- Dokumente, sowie durch Beschlüsse des Forums für Sicherheitskooperation;
3. des technischen Dialogs zwischen nationalen Grenzschutzdiensten und zuständigen nationalen Dienststellen durch Informationsaustausch auf allen Ebenen;
4. mögliche Mobilisierung und Koordination von Unterstützung.
B. Beiträge allgemeiner Art:
1. Technische Hilfe bei der Entwicklung und Umsetzung nationaler Strategien und Aktionspläne nach den Vorstellungen nationaler Behörden und auf Grundlage ihrer bestehenden Verpflichtun- gen, wenn ein Staat darum ersucht
2. Technische Hilfe bei der Entwicklung, Anpassung und Vereinheitlichung einschlägiger Rechts- vorschriften;
3. Technische Hilfe bei der Erhöhung der Wirksamkeit von Grenzschutzdiensten durch die Wei- tergabe bewährter Praktiken;
4. Technische Hilfe bei der Entwicklung und Umsetzung von Ausbildungsplänen und -program- men durch die Weitergabe bewährter Praktiken und internationalen Austausch;
5. Umfassender Informationsaustausch, unter anderem durch die Schaffung von Bewusstsein für Ressourcen, zu denen alle verfügbaren internationalen Erfahrungen, einschließlich neuer
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Technologien und Know-how, gehören, etwa über zügige jedoch wirksame Grenzkontrollen, die Errichtung von Grenzübertrittstellen usw.;
6. Ermittlung von Bezugsquellen für Ausrüstung und Material, die für Grenzschutzdienste geeig- net sind, mit dem Ziel ihrer möglichen Mobilisierung.
C. Mögliche fachspezifische Hilfe in folgenden Bereichen:
1. Bekämpfung des Terrorismus, des grenzüberschreitenden organisierten Verbrechens, der illega- len Migration und des illegalen Handels mit nuklearen, biologischen, chemischen und konventio- nellen Waffen, ihren Trägersystemen und verwandtem Material sowie mit gefährlichen Abfällen, Drogen und Menschen: (i) Stärkung der internationalen Netze für den Austausch und die Weitergabe von Informatio- nen über die oben genannten Bedrohungen und Herausforderungen für die Sicherheit; (ii) Verbrechensspezifische Ausbildung für Grenzschutzdienste und zuständige nationale Dienst- stellen; (ii) Ermittlung von Quellen für verbrechensspezifische Ausrüstung und entsprechendes Mate- rial und, wenn möglich, Mobilisierung verfügbarer Ressourcen; (iii) Technische und nichttechnische Mittel zur Erkennung illegaler oder falscher Dokumente im Interesse der Verbesserung der Sicherheit von Reisedokumenten und Sichtvermerken; (iv) Ermutigung zum Abschluss und zur Umsetzung von Vereinbarungen über grenzüberschrei- tende Zusammenarbeit; (v) Förderung der Umsetzung und Weiterentwicklung multilateraler internationaler Normen und Verfahren für die Auslieferung und andere Formen der rechtlichen Zusammenarbeit in Strafsachen in Verbindung mit Terrorismus und anderen schweren Verbrechen, über Aspekte der Grenzsicherung und des Grenzmanagements, im Einklang mit dem völkerrechtlichen Rah- men; (vi) Verstärkung der Zusammenarbeit zur Verhütung und Bekämpfung der vom illegalen Dro- genhandel ausgehenden Bedrohung.
2. Freier und sicherer Personenverkehr: (i) Technische Hilfe und Beratung durch Experten über Einreise- und Ausreiseverfahren, gege- benenfalls einschließlich einer Vereinfachung der Visabestimmungen; (ii) Beratung durch Experten über die Verbesserung der Sicherheit von Reisedokumenten; (iii) Erleichterung des freien und sicheren Personenverkehrs über Grenzen hinweg; (iv) Förderung und fachliche Beratung durch die OSZE-Einrichtungen und -Institutionen über die Rechte und Entwicklungsinteressen der Angehörigen aller Gemeinschaften in Grenzgebie- ten ohne Benachteiligung von Angehörigen nationaler Minderheiten; (v) Sensibilisierung für die Rechte von Migranten und Asylsuchenden.
3. Wirtschaft und Umwelt: (i) Weitergabe von bewährten Praktiken bei Grenzübertritts- und Zollverfahren für Einfuhren, Ausfuhren und Durchfuhren, insbesondere zur Gewährleistung der Sicherheit der internatio- nalen Verkehrswege;
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(ii) Förderung der wirtschaftlichen grenzüberschreitenden Zusammenarbeit und Erleichterung des kleinen Grenzverkehrs; (iii) Förderung der grenzüberschreitenden Zusammenarbeit in Umweltfragen, die sich auf die Entwicklung örtlicher Gemeinschaften auswirken; (iv) Erleichterung der grenzüberschreitenden Zusammenarbeit im Fall von Naturkatastrophen oder schweren Unfällen in Grenzgebieten; (v) Gewährleistung der Sicherheit der internationalen Verkehrswege für die Versorgung mit Waren, unter anderem durch die Schaffung eines Systems, das eine Vorausinformation über Güter und Fahrzeuge, die über Grenzen hinweg verbracht werden, vorsieht.
III. Beschlüsse des Ministerrats
Beschluss Nr. 2/05
Migration
Der Ministerrat,
in Bekräftigung der Verpflichtungen in Bezug auf Migration, insbesondere betreffend die Wan- derarbeitnehmer, sowie anderer einschlägiger Verpflichtungen, insbesondere jener, die in der Schlussakte von Helsinki (1975), dem Madrider Dokument (1983), dem Abschließenden Doku- ment von Wien (1989), dem Kopenhagener Dokument (1990), der Charta von Paris für ein Neues Europa (1990), dem Moskauer Dokument (1991), dem Helsinki-Dokument (1992), dem Budapes- ter Dokument (1994) und den Dokumenten, die vom Ministerrat in Maastricht (2003) und Sofia (2004) verabschiedet wurden,
in Anerkennung der zunehmenden Bedeutung der Migration sowie der Herausforderungen und Chancen, die sie für die Teilnehmerstaaten darstellt,
ferner in Anerkennung der Tatsache, dass Migration ein zunehmend vielfältiges und komplexes Phänomen ist, mit dem man sich in umfassender Weise auseinandersetzen muss und das daher eines dimensionsübergreifenden Ansatzes auf nationaler, regionaler und internationaler Ebene bedarf,
in der Erkenntnis, dass alle Staaten einen wirksamen nationalen Rahmen zur Steuerung der Mig- ration schaffen sollten, betonend, dass Migration ihrem Wesen nach eine transnationale Frage ist, die Zusammenarbeit zwischen Staaten verlangt,
in der Erkenntnis, dass Migration einen wichtigen wirtschaftlichen, sozialen und menschlichen Faktor sowohl für die Aufnahmeländer als auch für die Herkunftsländer darstellt,
ferner in der Erkenntnis, dass eine erfolgreiche Integrationspolitik, die die Achtung der kulturel- len und religiösen Vielfalt sowie die Förderung und den Schutz der Menschenrechte und Grund- freiheiten einschließt, ein Faktor zur Förderung der Stabilität und des Zusammenhalts unserer Gesellschaften ist,
entschlossen, illegale Migration zu bekämpfen und sich mit ihren tieferen Ursachen zu befassen,
eingedenk der verschiedenen Ansätze, die die OSZE-Teilnehmerstaaten im Umgang mit Migrations- fragen verfolgen, und in der Absicht, ihre Erfahrungen und bewährten Vorgehensweisen zu nützen,
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unter Berücksichtigung der Initiativen und der Arbeit der OSZE 2005 in Fragen der Migration und Integration, insbesondere im Rahmen des Seminars zur menschlichen Dimension über Migration und Integration, des Dreizehnten OSZE-Wirtschaftsforums und des Mittelmeerseminars 2005,
in Begrüßung der bestehenden Zusammenarbeit zwischen der OSZE, insbesondere dem Büro für demokratische Institutionen und Menschenrechte (BDIMR) und dem Büro des Koordinators für ökonomische und ökologische Aktivitäten der OSZE (OCEEA), und einschlägigen internationa- len Organisationen und Institutionen,
in der Erwägung, dass die OSZE im Rahmen ihres umfassenden Sicherheitsansatzes unter ande- rem folgende Beiträge leisten könnte diese Strategie wird unter anderem: • Schaffung von Synergien und Entwicklung einer stärkeren Partnerschaft mit internationalen Gremien, die sich speziell mit Migration befassen, • Förderung des Dialogs und der Zusammenarbeit zwischen den Teilnehmerstaaten, einschließ- lich der Herkunfts-, Transit- und Zielländer im OSZE-Raum sowie der OSZE-Kooperations- partner und -Kooperationspartner im Mittelmeerraum, • Unterstützung der Teilnehmerstaaten auf deren Ersuchen bei der Entwicklung einer wirksamen Migrationspolitik und bei der Umsetzung ihrer einschlägigen OSZE-Verpflichtungen, • Einladung an die Teilnehmerstaaten, den Beitritt zu einschlägigen internationalen Überein- kommen zu erwägen,
beauftragt den Ständigen Rat, die 2005 begonnene Arbeit weiterzuführen und dem Vierzehnten Treffen des Ministerrats zu berichten;
beauftragt den Generalsekretär sowie die einschlägigen OSZE-Institutionen und -Strukturen, ihre Arbeit zu Migrationsfragen in allen drei Dimension fortzusetzen.
Beschluss Nr. 3/05
Bekämpfung der grenzüberschreitenden Organisierten Kriminalität
Der Ministerrat,
1. in Bekräftigung der Verpflichtung der Teilnehmerstaaten zur Verhütung und Bekämpfung der organisierten Kriminalität, wie sie insbesondere in der Europäischen Sicherheitscharta (1999), dem Bukarester Aktionsplan zur Bekämpfung des Terrorismus (2001), der OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert (2003) und dem OSZE-Strategiedokument für die Wirtschafts- und Umweltdimension (2003) anerkannt wurde,
2. ebenso tiefe Besorgnis über die negativen Auswirkungen der organisierten Kriminalität auf Frieden, Sicherheit und Stabilität bekundend, wie sie in der Weiterverfolgung der Ergebnisse des Milleniumsgipfels 2005 (Ergebnis des Weltgipfels 2005) zum Ausdruck kam, durch die Wohl- stand und eine bestandfähige Entwicklung in den Teilnehmerstaaten nachhaltig behindert werden,
3. unter Hervorhebung des Zusammenhangs zwischen grenzüberschreitender organisierter Krimi- nalität und anderen Bedrohungen wie illegale Drogen, Terrorismus, illegaler Handel mit Kleinwaffen und leichten Waffen sowie mit sensiblem Material und sensiblen Technologien, Menschenhandel, Schleusung von Migranten, Internetkriminalität, Korruption und illegale Migration im Zusam- menhang mit organisierter Kriminalität und Geldwäsche,
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4. mit der Feststellung, dass das am 15. November 2000 in New York von der Generalversamm- lung der Vereinten Nationen verabschiedete Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität und die dazugehörigen Protokolle einen wichtiger Schritt vorwärts in der internationalen Zusammenarbeit gegen die grenzüberschreitende organi- sierte Kriminalität darstellen und die Möglichkeit zu einer weltweiten Reaktion geben,
5. in Anerkennung der kontinuierlichen Arbeit der OSZE in den mit der Bekämpfung der organi- sierten Kriminalität zusammenhängenden Bereichen,
6. in der Überzeugung, dass sich das umfassende Sicherheitskonzept der OSZE gut dafür eignet, alle Teilnehmerstaaten besser für den Umgang mit der Bedrohung durch die organisierte Krimi- nalität zu rüsten, und dass die OSZE einen passenden Rahmen zur Unterstützung des Kampfes gegen die organisierte Kriminalität bieten kann, sowie in Anerkennung der wichtigen Arbeit, die die einschlägigen internationalen Organisationen und Institutionen, insbesondere das Büro der Vereinten Nationen für Drogen- und Verbrechensbekämpfung (UNODC) leisten, • fordert die Teilnehmerstaaten eindringlich auf, die Zusammenarbeit untereinander und mit dem UNODC, dem Europarat und anderen einschlägigen internationalen Organisationen zu verstärken; • lädt die OSZE-Teilnehmerstaaten, die dies noch nicht getan haben, ein, den Beitritt zu dem am 15. November 2000 in New York von der Generalversammlung der Vereinten Nationen verab- schiedeten Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität und den dazugehörigen Protokollen zu erwägen und in der Folge ihren Verpflich- tungen aus diesen Instrumenten uneingeschränkt nachzukommen; • beauftragt den Generalsekretär, den Teilnehmerstaaten auf Ersuchen Unterstützung durch die Mobilisierung technischer Hilfe einschließlich des notwendigen Fachwissens und der notwen- digen Ressourcen von einschlägigen internationalen Organisationen, die für die Umsetzung des Übereinkommens der Vereinten Nationen gegen die grenzüberschreitende organisierte Krimi- nalität und der dazugehörigen Protokolle zuständig sind, zuteil werden zu lassen, in Unterstüt- zung der Konferenz der Vertragsstaaten und des UNODC und in enger Abstimmung mit diesen; • erinnert daran, dass die Verhütung und Bekämpfung der organisierten Kriminalität ein ein- heitliches Vorgehen der Teilnehmerstaaten bei der Förderung der Umsetzung ihrer eigenen einschlägigen innerstaatlichen Gesetze und Programme, insbesondere auf dem Gebiet der Straf- rechtspflege, im Einklang mit der Rechtsstaatlichkeit und den Verpflichtungen der OSZE-Teil- nehmerstaaten, erfordert; • beauftragt den Ständigen Rat, die Zusammenarbeit zwischen den Teilnehmerstaaten voranzu- treiben und sich mit Unterstützung durch den Generalsekretär und die zuständigen OSZE-Ins- titutionen mit der Entwicklung möglicher Hilfsmaßnahmen und -formen zu befassen, die für Teilnehmerstaaten auf Ersuchen abrufbar sein könnten, um die Funktionsweise ihrer Strafge- richtsbarkeit, unter anderem Gesetzgebung, Rechtsdurchsetzung, Strafverfolgung, Justizverwal- tung, Zusammenarbeit der Justizbehörden einschließlich Auslieferung, sowie Strafvollzug, in Abstimmung mit UNODC, dem Europarat und anderen einschlägigen internationalen Orga- nisationen zu verbessern und zu fördern; • lädt die OSZE-Kooperationspartner und Kooperationspartner im Mittelmeerraum ein, die ein- schlägigen Bestimmungen dieses Beschlusses auf freiwilliger Basis umzusetzen.
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Beschluss Nr. 4/05
Verstärkung der rechtlichen Zusammenarbeit in Strafsachen zur Terrorismusbekämpfung
Der Ministerrat,
entschlossen, die Aktivitäten der OSZE zur Terrorismusbekämpfung im Einklang mit dem Völ- kerrecht und den bestehenden OSZE-Verpflichtungen zu verstärken,
unter Hinweis auf die Resolutionen 1373 (2001), 1566 (2004) und 1624 (2005) des Sicherheitsrats des Vereinten Nationen, in denen alle Staaten aufgefordert werden, so bald wie möglich Vertrags- partei der einschlägigen internationalen Übereinkommen und Protokolle betreffend den Terro- rismus zu werden und im Kampf gegen den Terrorismus uneingeschränkt zusammenzuarbeiten, sowie auf die einschlägigen OSZE-Verpflichtungen zur Terrorismusbekämpfung,
ferner unter Hinweis auf Resolution 1631 (2005) des Sicherheitsrats der Vereinten Nationen, insbe- sondere auf die darin enthaltene nachdrückliche Aufforderung an alle „regionalen und subregio nalen Organisationen, die Wirksamkeit ihrer Anstrengungen zur Bekämpfung des Terrorismus im Rahmen ihrer jeweiligen Mandate zu erhöhen, namentlich im Hinblick auf den Ausbau ihrer Fähigkeiten zur Unterstützung der Mitgliedsstaaten bei deren Anstrengungen, gegen die von ter- roristischen Handlungen ausgehenden Bedrohungen des Weltfriedens und der internationalen Sicherheit vorzugehen“,
die in den Vereinten Nationen laufenden Bemühungen um die zügige Fertigstellung des Entwurfs für ein umfassendes Übereinkommen gegen Terrorismus begrüßend,
in der Erkenntnis, dass die oben genannten Übereinkommen und Protokolle universelle Rechts- regeln gegen den Terrorismus darstellen und, mangels bilateraler Verträge über Rechtshilfe und Auslieferung, gemeinsam mit dem Übereinkommen der Vereinten Nationen gegen die grenzüber- schreitende organisierte Kriminalität (Übereinkommen von Palermo) die Grundlage für eine recht- liche Zusammenarbeit bilden könnten,
in Anbetracht der Verbindungen zwischen Terrorismus und grenzüberschreitender organisier- ter Kriminalität,
angesichts der Wichtigkeit des Übereinkommens der Vereinten Nationen gegen die grenzüber- schreitende organisierte Kriminalität,
mit Anerkennung Kenntnis nehmend von der auf Ersuchen des Exekutivdirektoriums des Aus- schusses der Vereinten Nationen zur Bekämpfung des Terrorismus ergriffenen Initiative des OSZE- Sekretariats, ein Programm zur Verstärkung der rechtlichen Zusammenarbeit in Strafsachen im Zusammenhang mit Terrorismus im OSZE-Gebiet auszuarbeiten und als ersten Schritt am 15. April 2004 in Wien einen Experten-Arbeitskreis zu diesem Thema abzuhalten,
ferner Kenntnis nehmend von der guten Arbeitsbeziehung zwischen der OSZE und dem Büro der Vereinten Nationen für Drogen- und Verbrechensbekämpfung (UNODC) sowie von dem wertvollen Instrumentarium für technische Hilfe, das von UNODC zur Umsetzung der universellen Überein- kommen und Protokolle zur Terrorismusbekämpfung und zur Förderung der rechtlichen Zusam- menarbeit in Strafsachen, insbesondere in Zusammenhang mit Terrorismus, entwickelt wurde,
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unter Berücksichtigung der Empfehlungen der Teilnehmer an der Jährlichen Sicherheitsüberprü- fungskonferenz 2005 im Hinblick auf die Weiterentwicklung der Zusammenarbeit mit UNODC, die Unterstützung seiner Bemühungen zur Stärkung der rechtlichen Bestimmungen gegen den Terrorismus sowie die Förderung seines Instrumentariums für technische Hilfe, insbesondere der Software für die Erstellung von Rechtshilfeersuchen, auch durch die Erleichterung der Aus- und Fortbildung und Verbreitung von bewährten Praktiken für Caseworkers,
beschließt, dass die Teilnehmerstaaten aktiv und uneingeschränkt und im Einklang mit den gel- tenden innerstaatlichen und völkerrechtlichen Bestimmungen sich gemeinsam darum bemühen sollten, die Täter, Organisatoren, Unterstützer und Sponsoren terroristischer Handlungen entspre- chend dem Grundsatz „entweder ausliefern oder strafrechtlich verfolgen“, vor Gericht zu bringen;
lädt die Teilnehmerstaaten ein, die Anregungen im Bericht der OSZE-Expertenfachtagung über die Verstärkung der rechtlichen Zusammenarbeit in Strafsachen in Zusammenhang mit Terro- rismus (SEC. GAL/111/05 vom 18. Mai 2005) als Katalog von Möglichkeiten für die Verbesserung der internationalen rechtlichen Zusammenarbeit zu erwägen;
beauftragt den Generalsekretär und die einschlägigen Institutionen, den Teilnehmerstaaten auf Ersuchen Hilfestellung bei der Erfüllung ihrer Verpflichtungen im Zusammenhang mit der Ter- rorismusbekämpfung zu leisten. Die OSZE wird weiterhin mit UNODC bei der Verstärkung der rechtlichen Bestimmungen gegen den Terrorismus zusammenarbeiten, indem sie die Umsetzung der universellen Instrumente gegen den Terrorismus fördert und die internationale rechtliche Zusammenarbeit in Strafsachen erleichtert;
beauftragt den Generalsekretär, in Koordination mit dem Amtierenden Vorsitz und in Zusam- menarbeit mit UNODC 2006 eine OSZE-Expertenfachtagung in Wien abzuhalten, um das UNODC-Instrumentarium für technische Hilfe zur Unterstützung der internationalen rechtli- chen Zusammenarbeit in Strafsachen zu fördern, insbesondere die Software für die Erstellung von Rechtshilfeersuchen, auch durch die Erleichterung der Aus- und Fortbildung und Verbrei- tung bewährter Praktiken für Caseworkers;
beauftragt den Generalsekretär, für Teilnehmerstaaten auf Ersuchen in enger Zusammenarbeit mit UNODC nationale Ausbildungsseminare für Staatsanwälte und Beamte der Rechtsprechung zu Fragen der Auslieferung und der Rechtshilfe in Strafsachen, insbesondere im Zusammenhang mit Terrorismus, zu organisieren.
Beschluss Nr. 10/05
Toleranz und Nichtdiskriminierung Förderung der gegenseitiger Achtung und des Verständnisses füreinander
Der Ministerrat,
in der Erkenntnis, dass die Achtung der Menschenrechte und Grundfreiheiten sowie der Demokratie und Rechtsstaatlichkeit zum Kernbereich des umfassenden Sicherheitskonzepts der OSZE gehören,
unter Hinweis auf seine Verpflichtungen auf dem Gebiet der Toleranz und Nichtdiskriminierung aus der Schlussakte von Helsinki 1975, der Charta von Paris für ein Neues Europa 1990, der Euro- päischen Sicherheitscharta 1999, dem Beschluss Nr. 4/03 des 11. Ministerratstreffens (Maastricht 2003) über Toleranz und Nichtdiskriminierung und dem Beschluss Nr. 12/04 des 12. Minister- ratstreffens (Sofia 2004) über Toleranz und Nichtdiskriminierung,
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unter Hinweis auf den besonderen Stellenwert der Förderung von Toleranz und Nichtdiskrimi- nierung in der OSZE, wie folgende Veranstaltungen zeigen: die Wiener Konferenzen 2003 über Antisemitismus bzw. über Rassismus, Fremdenfeindlichkeit und Diskriminierung die Berliner Antisemitismuskonferenz vom April 2004, das Pariser Treffen vom Juni 2004 über die Zusam- menhänge zwischen rassistischer, fremdenfeindlicher und antisemitischer Propaganda im Inter- net und Hassdelikten, die Brüsseler Konferenz vom September 2004 über Toleranz und den Kampf gegen den Rassismus, Fremdenfeindlichkeit und Diskriminierung sowie die Konferenz von Cor- doba vom Juni 2005 über Antisemitismus und andere Formen der Intoleranz, sowie unter Hin- weis auf die Ergebnisse dieser Konferenzen,
in Bekräftigung seiner Entschlossenheit, die bestehenden OSZE-Verpflichtungen in den Bereichen Toleranz und Nichtdiskriminierung sowie Gedanken-, Gewissens-, Religions- und Überzeugungs- freiheit umzusetzen, und unter Hinweis auf andere einschlägige internationale Verpflichtungen,
die Notwendigkeit betonend, sich konsequent und unzweideutig gegen durch Hass motivierte Handlungen und Äußerungen von Hass, insbesondere im politischen Diskurs, auszusprechen und sich für Toleranz, gegenseitige Achtung und Verständnis füreinander einzusetzen,
unter Hinweis darauf, dass die Förderung und Erleichterung des interkulturellen und interkon- fessionellen Dialogs und der Partnerschaft zwischen den Kulturen und Konfessionen auf sowohl nationaler als auch internationaler Ebene von größter Bedeutung ist, um Toleranz, gegenseitige Achtung und Verständnis füreinander zu fördern,
mit Befriedung Kenntnis nehmend von der Mitteilung des Generalsekretärs der Vereinten Natio- nen betreffend die Gründung der „Allianz der Zivilisationen“, sowie von der Schaffung des Wei- senrats der Allianz der Zivilisationen, und sein Interesse am Ergebnis dieser Initiative bekundend,
unter Hinweis auf die Beschlüsse Nr. 607, 621 und 633 des Ständigen Rates sowie auf die Erklä- rungen des Amtierenden Vorsitzenden der OSZE 2004 – die „Berliner Erklärung“, die „Brüsseler Erklärung“ und die „Schlussfolgerungen von Paris“,,
in Würdigung der Arbeit der drei Persönlichen Beauftragten des Amtierenden Vorsitzenden, die Teil der Gesamtbemühungen der OSZE zur Bekämpfung von Diskriminierung und zur Förderung von Toleranz, gegenseitiger Achtung und Verständnis füreinander und Bewusstseinsbildung sind,
1. spricht dem Amtierenden Vorsitzenden der OSZE seine Anerkennung für dessen Erklärung auf der OSZE-Konferenz über Antisemitismus und andere Formen der Intoleranz („Erklärung von Cordoba“) aus, die am 8. und 9. Juni 2005 in Cordoba abgehalten wurde;
2. begrüßt die Einrichtung des BDIMR-Programms für Toleranz und Nichtdiskriminierung;
3. lehnt die Gleichsetzung von Terrorismus und gewalttätigem Extremismus mit irgendeiner Reli- gion oder Überzeugung, Kultur, ethnischen Gruppe, Nationalität oder Rasse ab;
4. beschließt, dass die OSZE weiterhin bewusstseinsbildend tätig sein und Maßnahmen gegen Vorurteil, Intoleranz und Diskriminierung entwickeln soll und dabei die Menschenrechte und Grundfreiheiten zu beachten hat, einschließlich der Gedanken-, Gewissens-, Religions- und Über- zeugungsfreiheit, für alle ohne Unterschied, etwa nach Rasse, Hautfarbe, Geschlecht, Sprache, Religion oder Überzeugung, politischer oder sonstigen Anschauung, nationaler oder sozialer Her- kunft, Vermögen, Geburt oder sonstigem Stand;
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5. beschließt, dass die Teilnehmerstaaten bei der Umsetzung ihrer Verpflichtungen zur Förde- rung von Toleranz und Nichtdiskriminierung ihre Tätigkeit unter anderem auf folgende Bereiche konzentrieren werden: Gesetzgebung, Rechtsdurchsetzung, Erziehung, Medien, Datensammlung, Migration und Integration, Religionsfreiheit, interkulturellen und interkonfessionellen Dialog, und sich zu Folgendem verpflichten: 5.1 Sie werden danach trachten, ihre Bemühungen dahingehend zu verstärken, dass die innerstaat- lichen Rechtsvorschriften, politischen Grundsätze ebenso wie die Praxis im Einklang mit den ein- schlägigen OSZE-Verpflichtungen sowie mit ihren einschlägigen internationalen Verpflichtungen allen Personen gleichen und wirksamen Schutz durch das Gesetz bieten und Handlungen der Into- leranz und der Diskriminierung untersagen; 5.2 Sie werden ihre Bemühungen dahingehend verstärken, dass Staatsbedienstete und insbeson- dere Strafverfolgungsbeamte im Umgang mit und in der Verhütung von Hassdelikten entsprechend geschult werden, und in diesem Zusammenhang die Einrichtung von Programmen erwägen, die eine solche Schulung vermitteln; sie werden dabei erwägen, das im BDIMR vorhandene einschlä- gige Know-how in Anspruch zu nehmen, und bewährte Praktiken weitergeben; 5.3 Sie werden zu öffentlichen und privaten Bildungsprogrammen ermutigen, die zu Toleranz und Nichtdiskriminierung anhalten, und das öffentliche Bewusstsein dafür heben, dass Intoleranz und Diskriminierung existieren und unannehmbar sind, und in diesem Zusammenhang gegebenen- falls vom Fachwissen und der Hilfe des BDIMR Gebrauch machen, um Methoden und Lehrpläne für die Erziehung zu Toleranz zu entwickeln, die unter anderem Folgendes zum Gegenstand haben: • Bekämpfung von Rassenvorurteilen und Rassenhass, Fremdenfeindlichkeit und Diskriminierung • Aufklärung über und Erinnerung an den Holocaust sowie andere Fälle von Völkermord, die gemäß dem Übereinkommen von 1948 über die Verhütung und Bestrafung des Völkermords als solche anerkannt sind, und an Verbrechen gegen die Menschlichkeit; • Aufklärung über Antisemitismus, um sicherzustellen, dass diese Aufklärung, einschließlich Lehrplänen über moderne Ausprägungen des Antisemitismus in den Teilnehmerstaaten, sys- tematisch erfolgt; • Bekämpfung von Vorurteilen, Intoleranz und Diskriminierung gegenüber Christen, Muslimen und Angehörigen anderer Religionen; 5.4 Sie werden überlegen, in enger Zusammenarbeit mit der Zivilgesellschaft konkrete Maßnah- men, die die Informationsfreiheit und freie Meinungsäußerung nicht gefährden, zu entwickeln, mit dem Ziel, fremdenfeindliche Klischees, Intoleranz und Diskriminierung in den Medien zu bekämpfen, und Programme zu fördern, in denen Kinder und Jugendliche auf Vorurteile oder Voreingenommenheit aufmerksam gemacht werden, mit denen diese vielleicht in den Medien oder im Internet konfrontiert werden; 5.5 Sie werden ihre Bemühungen um Erhebung und Führung verlässlicher Informationen und Sta- tistiken über Hassdelikte und Rechtsvorschriften in ihren Hoheitsgebieten verstärken, dem BDIMR regelmäßig darüber berichten und diese Informationen öffentlich zugänglich machen und erwä- gen, die Hilfe des BDIMR in diesem Bereich in Anspruch zu nehmen und ihm gegebenenfalls nati- onale Kontaktstellen für die Beobachtung von Hassdelikten nennen. 5.6 Sie werden sich mit Unterstützung der einschlägigen Einrichtungen, Institutionen und Feld- einsätze der OSZE nötigenfalls weiter mit der Frage Migration und Integration unter Berücksich- tigung der kulturellen und religiösen Vielfalt als Teil der Gesamtbemühungen der OSZE um die Förderung von Toleranz, gegenseitiger Achtung und Verständnis füreinander und um die Bekämp- fung von Diskriminierung auseinandersetzen und die Achtung der Menschenrechte und Grund- freiheiten fördern;
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5.7 Sie werden die bisher geleistete Arbeit der OSZE zur Förderung von Toleranz und Nichtdis- kriminierung weiterführen, etwa auch in Form von Expertenfachtagungen im Jahr 2006 über die Umsetzung, und die Möglichkeit einer OSZEKonferenz 2007 in Erwägung ziehen;
6. Beauftragt das BDIMR: 6.1 den Teilnehmerstaaten auf deren Ersuchen bei der Entwicklung geeigneter Methoden und Kapa- zitäten für die Erhebung und Führung verlässlicher Informationen und Statistiken über Hassde- likte und gewalttätige Äußerungen von Intoleranz und Diskriminierung behilflich zu sein, um sie in die Lage zu versetzen, vergleichbare Daten und Statistiken zu erstellen; 6.2 seine Zusammenarbeit mit anderen OSZE-Einrichtungen und -Institutionen sowie mit dem Ausschuss der Vereinten Nationen für die Beseitigung der Rassendiskriminierung (UNCERD), dem Büro des Hohen Kommissars der Vereinten Nationen für Menschenrechte (UNHCHR), der Europäischen Kommission gegen Rassismus und Intoleranz (ECRI), der Europäischen Stelle zur Beobachtung von Rassismus und Fremdenfeindlichkeit (EUMC), der Task Force for International Co-operation on Holocaust-Education, Remembrance and Research und mit anderen einschlägigen Institutionen und der Zivilgesellschaft, einschließlich Nichtregierungsorganisationen, fortzusetzen; 6.3 die Teilnehmerstaaten über seinen Expertenbeirat für Religions- und Überzeugungsfreiheit auf Ersuchen auch weiterhin in ihren Bemühungen um Förderung der Religions- und Überzeugungs- freiheit zu unterstützen und den OSZE-Teilnehmerstaaten die Schlussfolgerungen und Gutachten des Beirats sowohl bilateral als auch auf entsprechenden OSZE-Konferenzen und -Veranstaltun- gen zur Kenntnis zu bringen;
7. Beschließt, durch Förderung des interkulturellen und interkonfessionellen Dialogs und die Unterstützung für gegenseitiges Verständnis, gegenseitige Achtung und die Menschenrechte im gesamten OSZE-Raum einen entsprechenden Beitrag zur Initiative „Allianz der Zivilisationen“ zu leisten und beauftragt in diesem Zusammenhang: 7.1 den Amtierenden Vorsitzenden der OSZE, den Generalsekretär der Vereinten Nationen von die- sem Beschluss in Kenntnis zu setzen und ihn zu informieren, dass die OSZE die Initiative „Alli- anz der Zivilisationen“ unterstützen möchte, und 7.2 den Generalsekretär, in Zusammenarbeit mit den Teilnehmerstaaten einen OSZE-Beitrag zur Initiative „Allianz der Zivilisationen“ zu leisten, dabei das Fachwissen der OSZE-Einrichtungen und -Institutionen, insbesondere des BDIMR, zu nutzen und die Hochrangige Gruppe der Alli- anz der Zivilisationen bis Ende Juni 2006 über diesen Beitrag zu informieren.
Beschluss Nr. 11/05
Förderung der Menschenrechtserziehung und -Ausbildung im OSZE-Raum
Der Ministerrat,
in Bekräftigung der Verpflichtungen der Teilnehmerstaaten im Bereich der Menschenrechtserzie- hung und -ausbildung, insbesondere jener aus der Schlussakte von Helsinki 1975, dem Kopenha- gener Dokument 1990, dem Moskauer Dokument 1991, der Europäischen Sicherheitscharta 1999, der OSZE-Strategie 2003 gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigs- ten Jahrhundert sowie aus allen anderen einschlägigen von der OSZE vereinbarten Dokumenten und Beschlüssen,
in der Erkenntnis, dass die Förderung der Menschenrechte durch Erziehung und Ausbildung im gesamten OSZE-Raum im Zusammenhang mit dem umfassenden Sicherheitskonzept der OSZE
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gesehen werden kann und für die Stärkung der Achtung der Menschenrechte und Grundfreihei- ten ganz wesentlich ist, ebenso wie für die Förderung von Toleranz und Nichtdiskriminierung,
angesichts des zusätzlichen Wertes einer breit gefächerten Zusammenarbeit einschließlich Kon- sultation, Kooperation und Koordination mit einschlägigen internationalen und regionalen Orga- nisationen, sowie des Nutzens, den die Länder aus den Erfahrungen und Fähigkeiten der anderen auf dem Gebiet der Menschenrechtserziehung und -ausbildung ziehen können,
unter Berücksichtigung der Bemühungen anderer internationaler Organisationen einschließlich des VN-Weltprogramms für Menschenrechtsbildung, des Programms des Europarats für Erzie- hung zu demokratischer Bürgerschaft sowie seines Jugendprogramms All Different, All Equal und der Europäischen Initiative der EU für Demokratie und Menschenrechte sowie der auf einzelstaat- licher Ebene durchgeführten Programme,
in Anerkennung des Beitrags des BDIMR und anderer OSZE-Strukturen, -Institutionen und -Feld- einsätze zur Förderung der Menschenrechtserziehung und -ausbildung in Zusammenarbeit mit den Teilnehmerstaaten
entschlossen, die Bemühungen der OSZE zur Förderung von Programmen für Menschenrechts- erziehung und -ausbildung im OSZE-Raum weiter zu verstärken und die Unterstützung der Orga- nisation für die Teilnehmerstaaten auf deren Ersuchen bei der Durchführung ihrer nationalen Programme auf dem Gebiet der Menschenrechtserziehung auszudehnen,
lädt die Teilnehmerstaaten dazu ein, unter Einbindung der Zivilgesellschaft Programme für sys- tematische Menschenrechtserziehung und -ausbildung, die die Achtung der allen Menschen inne- wohnenden Würde fördern sollen, weiter auszubauen und die Menschenrechte für jeden Einzelnen in jeder Gemeinschaft und in der Gesellschaft insgesamt zu einer erfahrbaren Realität zu machen;
beschließt, die Bemühungen der OSZE zur Zusammenarbeit mit anderen internationalen Orga- nisationen und Nichtregierungsorganisationen zu verstärken und zu diesem Zweck die notwendi- gen Maßnahmen zur Förderung der Menschenrechtserziehung und -ausbildung zu treffen, wobei die Jugend im OSZE-Raum einen besonderen Schwerpunkt bilden sollte;
beauftragt das BDIMR, unter Nutzung der einschlägigen Kenntnisse und Erfahrungen, die in den OSZE-Strukturen, -Institutionen und -Feldeinsätze sowie in den OSZE-Teilnehmerstaaten vorhanden sind: • eine Sammlung bewährter Methoden zusammenzustellen, wie die Teilnehmerstaaten die För- derung der Menschenrechtserziehung und -ausbildung einschließlich der Förderung der Tole- ranz, der gegenseitigen Achtung, des Verständnisses füreinander und der Nichtdiskriminierung im OSZE-Raum verbessern können.
Beschluss Nr. 12/05
Einhaltung der Menschenrechte und der Rechtsstaatlichkeit in Systemen der Strafrechtspflege
Der Ministerrat,
in der Erkenntnis, dass die volle Achtung der Menschenrechte und Grundfreiheiten sowie die Entwicklung von Gesellschaftssystemen auf der Grundlage von pluralistischer Demokratie und
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Rechtsstaatlichkeit Vorbedingung für dauerhaften Frieden, Sicherheit, Gerechtigkeit und Stabi- lität sind,
in Bekräftigung der Verpflichtungen betreffend die Rechtsstaatlichkeit aus der Schlussakte von Hel- sinki 1975, dem Abschließenden Dokument von Wien 1989, dem Kopenhagener Dokument 1990 und dem Moskauer Dokument 1991 sowie jener rechtsstaatlichen Verpflichtungen, die auf dem OSZE-Gipfeltreffen von Budapest 1994 eingegangen wurden, sowie anderer einschlägiger OSZE- Verpflichtungen und unter Hinweis auf einschlägige internationale Verpflichtungen, einschließ- lich des internationalen Pakts über bürgerliche und politische Rechte und des Übereinkommens der Vereinten Nationen gegen Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe,
erneut feststellend, dass sich Regierung und Verwaltung sowie die Gerichte in ihren Handlungen an die Rechtsordnung und an die einschlägigen OSZE- und internationalen Verpflichtungen der Teil- nehmerstaaten zu halten haben und dass die Achtung dieser Rechtsordnung zu gewährleisten ist,
in der Erwägung, dass Rechtsstaatlichkeit nicht nur formale Rechtmäßigkeit bedeutet, die Regel- mäßigkeit und Schlüssigkeit bei der Errichtung und Durchsetzung der demokratischen Ordnung gewährleistet, sondern auch Gerechtigkeit, die auf der Anerkennung und vollen Achtung der Per- sönlichkeit des Menschen als dem höchsten Gut beruht und durch Institutionen gesichert ist, die einen Rahmen für seine umfassende Selbstverwirklichung bieten,
in der Erkenntnis, dass Rechtsstaatlichkeit auf der Achtung international anerkannter Menschen- rechte beruhen muss, einschließlich des Rechts auf ein faires Gerichtsverfahren, des Rechts auf ein wirksames Rechtsmittel und des Rechts, nicht willkürlich festgenommen oder in Haft gehal- ten zu werden,
in der Erkenntnis, dass eine unparteiische und unabhängige Richterschaft für die Gewährleis- tung eines ordentlichen Verfahrens und den Schutz der Menschenrechte vor, während und nach Gerichtsverfahren eine wesentliche Rolle spielt,
in der Erkenntnis, dass Verteidigern für die Gewährleistung des Rechts auf ein faires Gerichtsver- fahren und für die Förderung und den Schutz anderer Menschenrechte in der Strafrechtspflege eine außerordentlich wichtige Rolle zukommt,
die Notwendigkeit unterstreichend, öffentlich gegen Folter aufzutreten, und daran erinnernd, dass alle Formen von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe an gleich welchem Ort und zu gleich welcher Zeit verboten sind und verboten bleiben werden und somit niemals gerechtfertigt werden können, und die Notwendigkeit betonend, Ver- fahrensgarantien zur Verhütung von Folter zu verstärken und die Täter strafrechtlich zu verfolgen, um zu verhindern, dass Folter ungeahndet bleibt, und mit der an die Teilnehmerstaaten gerichte- ten Aufforderung, die Unterzeichnung und Ratifikation des Fakultativprotokolls zum Überein- kommen gegen Folter ehestmöglich zu überlegen,
beschließt: • Fragen der Rechtsstaatlichkeit und des ordentlichen Verfahrens in der Strafrechtspflege 2006 erhöhte Aufmerksamkeit zu schenken und weiter zu verfolgen, indem er die Teilnehmerstaaten unter anderem dazu anhält, bestehende Verpflichtungen besser umzusetzen und sich dabei auf das Fachwissen des BDIMR zu stützen und in enger Zusammenarbeit mit anderen einschlägigen internationalen Organisationen vorzugehen, um unnötige Doppelgleisigkeiten zu vermeiden;
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beauftragt das BDIMR und andere in Frage kommende OSZE-Strukturen: • die Teilnehmerstaaten dabei zu unterstützen, erfolgreiche Beispiele, Fachwissen und bewährte Praktiken zur Verbesserung der Strafrechtspflege weiterzugeben; • die Teilnehmerstaaten auf deren Ersuchen bei der Stärkung der institutionellen Funktion von Verteidigern zum Schutz und zur Verteidigung der Rechte ihrer Mandanten zu unterstützen.
Beschluss Nr. 13/05
Bekämpfung des Menschenhandels
Der Ministerrat,
in Bekräftigung der Ministerratsbeschlüsse Nr. 2/03 und 13/04 sowie anderer OSZEVerpflichtun- gen zur Bekämpfung des Menschenhandels in all seinen Formen und für gleich welche Zwecke, mit deren Einhaltung die Teilnehmerstaaten deutlich den politischen Willen gezeigt haben, diese moderne Form der Versklavung, die die menschliche Würde verletzt und die Ausübung der Men- schenrechte und Grundfreiheiten aushöhlt, zu beseitigen,
unter Hinweis auf die internationalen Verpflichtungen jener OSZE-Teilnehmerstaaten, die das Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität und dessen Zusatzprotokoll zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, sowie das Fakultativprotokoll zum Übereinkom- men über die Rechte des Kindes betreffend den Verkauf von Kindern, die Kinderprostitution und die Kinderpornographie unterzeichnet und ratifiziert haben, sowie andere einschlägige interna- tionale Verträge, denen sie beigetreten sind,
mit der Feststellung, dass das Übereinkommen des Europarats zur Bekämpfung des Menschen- handels das erste regionale Übereinkommen in diesem Bereich ist, das sich hauptsächlich mit dem Schutz der Opfer von Menschenhandel sowie mit der Verhütung dieses abscheulichen Verbrechens und der strafrechtlichen Verfolgung seiner Urheber befasst,
erfreut über die Fortschritte, die von den Teilnehmerstaaten bei der Umsetzung des OSZE-Akti- onsplans zur Bekämpfung des Menschenhandels als einem umfassenden Instrumentarium, mit dem sowohl den Behörden als auch der Zivilgesellschaft geholfen wird, diesen illegalen Handel zu verhindern, die Täter strafrechtlich zu verfolgen und die Opfer zu schützen, erzielt wurden,
unter Hinweis auf die Notwendigkeit, die oben genannten Maßnahmen zu verstärken, starke Netz- werke gegen den Menschenhandel zu entwickeln, die multilateral, regional und bilateral funktio nieren, und die von den Teilnehmerstaaten eingegangenen Verpflichtungen auf deren Ersuchen mit voller Unterstützung und Hilfe der OSZE-Strukturen, -Institutionen und -Feldeinsätze wirk- sam umzusetzen,
erneut die einzigartige Rolle der OSZE als Katalysator in den gemeinsamen Bemühungen inter- nationaler Organisationen im Kampf gegen den Menschenhandel in all seinen Formen betonend, und in Würdigung der Initiativen der OSZE-Sonderbeauftragten für die Bekämpfung des Men- schenhandels im Rahmen der „Allianz gegen den Menschenhandel“,
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Beschließt,
1. den Zusatz zum OSZE-Aktionsplan zur Bekämpfung des Menschenhandels: Berücksichtigung der besonderen Schutz- und Hilfsbedürftigkeit der Opfer von Kinderhandel, der vom Ständigen Rat mit Beschluss Nr. 685 vom 7. Juli 2005 verabschiedet wurde, zu unterstützen und damit wirksam auf die Bedürfnisse der verletzlichsten und schutzlosesten Opfer des Menschenhandels einzugehen,
2. sich auch weiterhin mit der zunehmenden Bedrohung Menschenhandel näher auseinander zu setzen und im Rahmen des OSZE-Konzepts der umfassenden Sicherheit einen multidimensio- nalen, auf das Opfer konzentrierten Ansatz in Fragen der Bekämpfung des Menschenhandels als einem Aspekt des organisierten Verbrechens, der Kriminalität und der Korruption zu verfolgen;
3. den OSZE-Mechanismus gegen den Menschenhandel zu beauftragen, dem Ständigen Rat im Juni jedes Jahres, beginnend mit Juni 2006, über die Fortschritte in der Arbeit zur Menschenhandels- thematik in der OSZE zu berichten. Diese Berichte werden auch Beiträge anderer OSZE-Struktu- ren, -Institutionen und -Feldeinsätze über Entwicklungen im Zusammenhang mit Menschenhandel in der gesamten OSZE-Region enthalten und das Erreichte in Beziehung zu den im OSZE-Akti- onsplan 2003 zur Bekämpfung des Menschenhandels festgelegten Ziele setzen und analysieren.
Beschluss Nr. 14/05
Frauen in der Konfliktverhütung, der Krisenbewältigung und der Konfliktnachsorge
Der Ministerrat,
unter Hinweis auf das umfassende Sicherheitskonzept der OSZE im Umgang mit neuen Bedro- hungen und Herausforderungen und auf ihre Verpflichtung, im Einklang mit dem OSZE-Aktions- plan 2004 zur Förderung der Gleichstellung von Frauen und Männern den Gleichstellungsaspekt durchgängig zu berücksichtigen,
unter Hinweis darauf, dass die OSZE als regionale Abmachung im Sinne von Kapitel VIII der Charta der Vereinten Nationen innerhalb ihrer Region eines der wichtigsten Instrumente für Frühwar- nung, Konfliktverhütung, Krisenmanagement und die Konfliktnachsorge darstellt,
in der Erkenntnis, dass das Wissen, die Fähigkeiten und die Erfahrungen von Frauen wie Män- nern unverzichtbar für den Frieden, eine bestandfähige Demokratie, die wirtschaftliche Entwick- lung und damit für Sicherheit und Stabilität in der OSZE-Region sind,
ferner in Anerkennung der Tatsache, dass die Resolution 1325 (2000) des Sicherheitsrats der Ver- einten Nationen über Frauen, Frieden und Sicherheit die Gleichstellung von Frauen und Männern mit der Sicherheit verknüpft und die Rolle der Frau in Fragen des Friedens und der Sicherheit auf allen Ebenen in den Mittelpunkt stellt,
in Bekräftigung der von der Vierten Weltfrauenkonferenz verabschiedeten Erklärung und Akti- onsplattform von Beijing und der Ergebnisse der dreiundzwanzigsten Sondertagung der Gene- ralversammlung,
betonend, wie wichtig es ist, dass Frauen gleichberechtigt und in vollem Umfang an allen Phasen der Verhütung und Beilegung von Konflikten und bei der Friedenskonsolidierung teilnehmen,
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im Bewusstsein der Notwendigkeit konkreter Maßnahmen seitens der OSZE, damit Frauen in die Konfliktverhütung, die Krisenbewältigung und die Konfliktnachsorge in allen ihren Aktivitäten unter anderem durch folgende Maßnahmen eingebunden werden:
1. Sicherstellung einer proaktiven Umsetzung des durch Beschluss Nr. 638 des Ständigen Rates vom 2. Dezember 2004 verabschiedeten OSZE-Aktionsplans 2004 zur Förderung der Gleichstel- lung von Frauen und Männern in der gesamten Organisation
2. gegebenenfalls Übernahme der maßgeblichen Abschnitte von Resolution 1325 (2000) des VN- Sicherheitsrats über die Rolle der Frau auf allen Ebenen der Konfliktverhütung, Krisenbewältigung und -beilegung sowie der Konfliktnachsorge in die Aktivitäten der OSZE,
3. Ermutigung der Teilnehmerstaaten, einzelstaatliche Listen in Frage kommender Kandidatinnen (wie dies im OSZE-Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern in Absatz 22 gefordert wird) anzulegen und aktive Maßnahmen zu ergreifen, um sicherzustellen, dass Frauen über Stellen im Bereich von Konfliktverhütungs- und Konfliktnachsorgeprozessen umfassend informiert und zu einer Bewerbung um diese Stellen ermutigt werden, insbesondere für die leitende Führungsebene,
4. Aufforderung an die Teilnehmerstaaten, mehr Frauen als Leiterinnen für Institutionen und Mis- sionen und für andere leitende Positionen in der OSZE zu nominieren,
5. aktive Förderung der Einstellung von Frauen in OSZE-Feldpräsenzen, insbesondere für Füh- rungspositionen, mit dem Ziel, mehr Feldpräsenzen mit Frauen als Leiterinnen zu besetzen,
6. Aufforderung an die Teilnehmerstaaten und OSZE-Strukturen, gegebenenfalls Aus- und Fort- bildungsprogramme speziell für Frauen und Mädchen zu unterstützen und zu fördern, ebenso wie Projekte, die Frauen in den Aufbau eines dauerhaften Friedens einbinden; Frauenorganisationen zu stärken; Friedensinitiativen von Frauen über die Medien und mittels Seminaren für Menschen- rechte und Gleichstellung der Geschlechter zu unterstützen und Frauen dafür zu sensibilisieren, wie wichtig ihr Engagement in politischen Prozessen ist,
7. Aufforderung an die Teilnehmerstaaten und OSZE-Strukturen, gegebenenfalls eine eigene Poli- tik zu entwickeln, die Frauen und Frauenorganisationen dazu ermutigen soll, in vollem Umfang und gleichberechtigt an der Verhütung, Beilegung und Nachsorge von Konflikten mitzuwirken, zum Austausch von Erfahrungen und bewährten Praktiken zu ermutigen und diesen zu unter- stützen und sich auch für Friedensinitiativen von Frauen einzusetzen,
8. Aufforderung an die Teilnehmerstaaten, bei der Umsetzung der staatlichen Flüchtlingsschutz- politik und dauerhafter Lösungen, darunter freiwillige Rückkehr, Neuansiedlung, Wiedereinglie- derung, (Re)integration oder Rückführung von Flüchtlingen und Binnenvertriebenen in Sicherheit und Würde,
9. Empfehlung an die Teilnehmerstaaten, ihre Bemühungen zur durchgängigen Berücksichtigung des Gleichstellungsaspekts bei Prozessen der Konfliktverhütung, -bewältigung und -nachsorge regelmäßig zu evaluieren und diese Evaluierungen zu veröffentlichen, um sie für gleichstellungs- orientierte Ausbildungszwecke und bei der Umsetzung der einschlägigen Verpflichtungen sowie zur verstärkten Sensibilisierung für deren Bedeutung heranzuziehen,
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beschließt: • den Generalsekretär zu beauftragen, in seinem jährlichen Fortschrittsbericht über die Umset- zung von Beschluss Nr. 638 des Ständigen Rates betreffend den OSZEAktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern konkret auf die Umsetzung der für die OSZE-relevanten Abschnitte der Resolution 1325 (2000) des VN-Sicherheitsrats in der Orga- nisation einzugehen; • das Sekretariat zu beauftragen, im Zusammenhang mit den Zielsetzungen des OSZEAktions- plans 2004 zur Förderung der Gleichstellung von Frauen und Männern in Zusammenarbeit mit den Teilnehmerstaaten weitere Maßnahmen auszuarbeiten, um die Zahl der Frauen im OSZE- Sekretariat, den OSZE-Institutionen und -Feldeinsätzen, insbesondere auf der Führungsebene und in Entscheidungsfunktionen deutlich zu erhöhen; • die OSZE-Strukturen und -Institutionen zu beauftragen, einschlägige Projekte, Strategien und Initiativen auszuarbeiten bzw. anzupassen und weitere Aktivitäten durchzuführen, einschließ- lich eines Informationsaustauschs mit den Vereinten Nationen, um den in diesem Beschluss enthaltenen Verpflichtungen nachzukommen; • die Teilnehmerstaaten und Institutionen der OSZE aufzufordern, der Jährlichen Sicherheits- überprüfungskonferenz auch über die Fortschritte bei der Umsetzung der in diesem Beschluss enthaltenen Verpflichtungen zu berichten.
Beschluss Nr. 15/05
Verhütung und Bekämpfung von Gewalt gegen Frauen
Der Ministerrat,
in der Erkenntnis, dass die Achtung der Menschenrechte und Grundfreiheiten, von Demokra- tie und Rechtsstaatlichkeit im Zentrum des umfassenden Sicherheitskonzepts der OSZE steht,
in Bekräftigung der Erklärung der Vereinten Nationen über die Beseitigung der Gewalt gegen Frauen, der auf der Vierten Weltfrauenkonferenz verabschiedeten Erklärung und Aktionsplattform von Beijing sowie der Ergebnisse der dreiundzwanzigsten Sondertagung der Generalversammlung,
erneut feststellend, dass die Staaten die Pflicht haben, mit gebührender Sorgfalt Gewalt gegen Frauen und Mädchen zu verhüten und zu untersuchen, die Täter zu bestrafen und den Opfern Schutz zu bieten, und dass, wenn sie dies nicht tun, die Ausübung der Menschenrechte und Grundfreiheiten der Frauen und Mädchen behindert, beeinträchtigt oder zunichte gemacht wird,
unter Hinweis auf die Resolution 1325 (2000) des VN-Sicherheitsrats über Frauen, Frieden und Sicherheit, in der unter anderem die volle Achtung und der Schutz der Rechte von Frauen und Mädchen während und nach bewaffneten Konflikten verlangt und dazu aufgefordert wird, die Straffreiheit der Urheber von geschlechtsspezifischer Gewalt zu beenden,
in Bekräftigung der zwingenden Verpflichtungen der OSZE-Teilnehmerstaaten im Bereich der Menschenrechte, der Gleichstellung der Geschlechter, der Toleranz und der Nichtdiskriminie- rung, der Bekämpfung des Menschenhandels und der Verbesserung der Lage der Roma und Sinti,
zutiefst darüber besorgt, dass Mädchen und einige Gruppen von Frauen, etwa Frauen, die natio- nalen Minderheiten angehören, indigene Frauen, Flüchtlingsfrauen und weibliche Binnenvertrie- bene, Migrantenfrauen, Frauen in ländlichen oder entlegenen Gemeinschaften, mittellose Frauen,
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Frauen in Institutionen oder in Haft, Frauen mit Behinderungen, ältere Frauen, Witwen, Frauen in Situationen von bewaffneten Konflikten und Frauen, die in anderer Weise diskriminiert werden, etwa auch aufgrund einer HIV-Infektion, bevorzugte Opfer von Gewalt bzw. besonders gewaltge- fährdet sind und daher geschützt werden müssen,
unter besonderer Betonung des Bekenntnisses zur durchgängigen Berücksichtigung des Gleich- stellungsaspekts im OSZE-Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern sowie der speziellen Bestimmungen über die Verhütung und Beseitigung von Gewalt gegen Frauen in den Teilnehmerstaaten,
mit dem Ausdruck der tiefen Besorgnis angesichts des unverminderten Ausmaßes von Gewalt gegen Frauen und Mädchen in der OSZE-Region sowie angesichts der menschlichen und politi- schen Kosten dieses Phänomens und mit der Feststellung, dass Gewalt gegen Frauen eine Bedro- hung der Sicherheit des Menschen darstellt,
1. fordert die Teilnehmerstaaten eindringlich auf, mit Unterstützung und Hilfe der OSZE alle erfor- derlichen gesetzgeberischen, politischen und programmatischen Kontroll- und Evaluierungsmaß- nahmen zu ergreifen, um die uneingeschränkte Ausübung der Menschenrechte von Frauen zu fördern und zu schützen und alle Formen von geschlechtsspezifischer Gewalt gegen Frauen und Mädchen zu verhüten und zu bekämpfen;
2. fordert die Teilnehmerstaaten auf, das Übereinkommen zur Beseitigung jeder Form von Dis- kriminierung der Frau und das Übereinkommen über die Rechte des Kindes einzuhalten, sofern sie Vertragsparteien sind, oder andernfalls die Ratifikation bzw. den Beitritt zu diesen Überein- kommen zu erwägen; und fordert jene Staaten, die diesen Übereinkommen beigetreten sind oder sie ratifiziert haben, auf, Vorbehalte, die dem Ziel und dem Zweck der Übereinkommen zuwider- laufen, zurückzunehmen;
3. fordert die Teilnehmerstaaten auf, die Unterzeichnung und Ratifikation bzw. den Beitritt zum Protokoll der Vereinten Nationen zur Verhütung, Bekämpfung und Bestrafung des Menschenhan- dels, insbesondere des Frauen- und Kinderhandels, zum Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität, zum Fakultativprotokoll zum Über- einkommen über die Rechte des Kindes betreffend den Verkauf von Kindern, die Kinderprostitu- tion und die Kinderpornographie und gegebenenfalls zum Übereinkommen des Europarats zur Bekämpfung des Menschenhandels zu erwägen;
4. stellt mit Bedauern fest, dass weibliche Opfer von Gewalt oft weder Schutz noch Hilfe erhalten und ersucht die Teilnehmerstaaten nachdrücklich: (i) sicherzustellen, dass alle weiblichen Opfer von Gewalt vollen, gleichberechtigten und raschen Zugang zur Justiz und zu wirksamen Rechtsmitteln, zu medizinischer und Sozialhilfe einschließ- lich Nothilfe, zu vertraulicher psychologischer Beratung sowie einen Zufluchtsort erhalten, (ii) Rechtsvorschriften zu verabschieden und anzuwenden, die geschlechtsspezifische Gewalt unter Strafe stellen und für angemessenen Rechtsschutz sorgen; (iii) umgehend physischen und psychischen Schutz für die Opfer, einschließlich geeigneter Zeu- genschutzmaßnahmen, bereitzustellen; (iv) Ermittlungen anzustellen und die Täter strafrechtlich zu verfolgen, wobei deren Bedarf an einer entsprechenden Behandlung zu berücksichtigen ist; (v) die volle Einbeziehung von Frauen in die Institutionen der Richterschaft, der Staatsan- waltschaft und der Polizei zu fördern und sicherzustellen, dass alle in diesem Bereich tätigen
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Staatsbediensteten voll ausgebildet und in der Lage sind, Fälle von Gewalt gegen Frauen und Kinder zu erkennen, zu dokumentieren und zu bearbeiten (vi) auf die besondere Schutz- und Hilfsbedürftigkeit von Mädchen, die Opfer von Gewalt wur- den, einzugehen
5. stellt fest, dass Gewalt gegen Frauen und Mädchen oft nicht gemeldet und aufgenommen wird und deshalb nicht in angemessener Weise in den Statistiken erfasst wird, und ermutigt die Teil- nehmerstaaten, Bemühungen die der Sensibilisierung dienen, zu unterstützen; erhebliche zusätz- liche Anstrengungen zu unternehmen, um vergleichbare Daten zu erheben, zu analysieren und bekannt zu machen; und fachspezifische NROs ebenso wie Forschungsarbeiten zu dieser Thema- tik zu unterstützen;
6. fordert die Teilnehmerstaaten auf, Maßnahmen zur Stärkung der wirtschaftlichen Unabhän- gigkeit von Frauen zu ergreifen, indem sie unter anderem für nichtdiskriminierende Beschäfti- gungspolitiken und -praktiken, gleichberechtigten Zugang zu Bildung und Ausbildung, gleichen Lohn für gleiche Arbeit, verbesserte Beschäftigungs- und Bildungschancen sowie für gleichbe- rechtigten Zugang zu und gleichberechtigte Kontrolle über wirtschaftliche Ressourcen sorgen, um die Gefährdung von Frauen durch alle Formen von Gewalt, einschließlich häuslicher Gewalt und Menschenhandels, zu verringern;
7. fordert die Teilnehmerstaaten eindringlich auf, alle notwendigen Maßnahmen zur Verhütung von geschlechtsspezifischer Gewalt gegen Frauen und Mädchen während und nach bewaffneten Konflikten und Krisen zu ergreifen, indem sie unter anderem die Straftäter vor Gericht stellen, und spezielle Maßnahmen zu ergreifen, durch die den Bedürfnissen von Frauen und Mädchen in Situationen nach Konflikten Rechnung getragen wird;
8. stellt fest, dass geschlechtsspezifische Straftaten in das Römische Statut des Internationalen Strafgerichtshofs und in die von der Versammlung der Vertragsstaaten des Römischen Statuts im September 2002 angenommenen Straftatbestände (Elements of Crimes) aufgenommen und die Umstände festgestellt wurden, unter denen solche Straftaten ein Verbrechen gegen die Mensch- lichkeit bzw. ein Kriegsverbrechen darstellen können;
9. ermutigt zur Verbreitung des einschlägigen Fallrechts der bestehenden Internationalen Ad-hoc- Strafgerichtshöfe für das ehemalige Jugoslawien bzw. für Ruanda sowie zur vollen Zusammenar- beit mit diesen Gerichten;
10. beschließt, die Zusammenarbeit der OSZE mit den einschlägigen Strukturen der Vereinten Nationen, des Europarats, der Europäischen Union und anderen internationalen Organisationen sowie mit der Zivilgesellschaft und einschlägigen Nichtregierungsorganisationen zu vertiefen, um die Verhütung und Bekämpfung aller Formen von Gewalt gegen Frauen und Mädchen zu fördern;
11. beauftragt den Ständigen Rat, die entsprechenden OSZE-Institutionen und -Strukturen anzu- halten, Programme, Projekte und politische Grundsätze auszuarbeiten, die die Teilnehmerstaaten auf deren Ersuchen im Kampf gegen Gewalt gegen Frauen und Mädchen und bei der Bereitstel- lung von Opferhilfe unterstützen;
12. ersucht den Generalsekretär, der Berichterstattung über die Umsetzung dieses Beschlusses im Jahresbericht an den Ständigen Rat über den Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern besondere Aufmerksamkeit zu schenken.
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Beschluss Nr. 16/05
Gewährleistung höhster Masstäbe in Bezug auf Verhalten und Verantwortung von Personen, die bei internationalen Truppen und Missionen Dienen
Der Ministerrat,
in Bekräftigung der OSZE-Verpflichtungen zur Bekämpfung des Menschenhandels, insbesondere in Beschluss Nr. 1 des Wiener Ministerratstreffens, der Erklärung des Ministerrats von Porto 2002 und Beschluss Nr. 2/03 des Ministerrats von Maastricht sowie im OSZEAktionsplan zur Bekämp- fung des Menschenhandels und dessen Zusatz „Berücksichtigung der besonderen Schutz- und Hilfsbedürftigkeit von Kindern als Opfer von Menschenhandel“,
eingedenk des Protokolls der Vereinten Nationen zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, zum Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität und seiner umfas- senden Definition des Menschenhandels,
mit der erneuten Feststellung, dass Menschenhandel eine moderne Form der Sklaverei darstellt, die die Ausübung der Menschenrechte und Grundfreiheiten massiv beeinträchtigt,
in der Sorge, dass militärische und zivile Mitarbeiter, die in internationalen Friedenstruppen oder anderen internationalen Missionen, einschließlich Vertragspartnern, dienen, sowie Feldpräsenzen internationaler Organisationen einschließlich der OSZE, mit ein Faktor des Menschenhandels- kreislaufs auf der Nachfrageseite sein könnten,
erfreut über die Bemühungen der Vereinten Nationen sowie anderer internationaler Organisa- tionen, eine Null-Toleranz-Politik zu entwickeln und durchzusetzen, um den Menschenhandel sowohl durch Truppen als auch durch andere Mitarbeiter zu verhindern, was ebenso notwendig ist wie entsprechende Aufklärung und Ausbildung,
unter Hinweis auf die laufenden Aktivitäten in allen einschlägigen internationalen Organisatio nen zur Entwicklung gemeinsamer Normen und bewährter Praktiken für die Verhütung und Bekämpfung des Menschenhandels,
besorgt über Berichte über Verfehlungen militärischer und ziviler Mitarbeiter, die in internationa- len Friedenstruppen oder anderen internationalen Missionen dienen, einschließlich von Berichten über die Verwicklung in Menschenhandel im Sinne der Definition des Protokolls der Vereinten Nationen zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, derartige Handlungen aufs schärfste verurteilend und feststellend, dass diese der Erfüllung von Missionsmandaten schaden,
ferner besorgt über Berichte über Verfehlungen militärischer und ziviler Mitarbeiter, die bei inter- nationalen Friedenstruppen oder anderen internationalen Missionen dienen, einschließlich von Berichten über sexuelle Ausbeutung und Missbrauch der örtlichen Bevölkerung oder von Flücht- lingen, sowie über Berichte über Vorkommnisse von Zwangsarbeit, derartige Handlungen aufs schärfste verurteilend und feststellend, dass diese der Erfüllung von Missionsmandaten schaden,
die Notwendigkeit für mehr Information und Sensibilisierung der Mitarbeiter internationaler Mis- sionen über diese Fragen unterstreichend,
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in Kenntnis der Bemühungen der Vereinten Nationen, durch die sichergestellt werden soll, dass Mitarbeiter von Friedenstruppen oder anderen internationalen Missionen den höchsten Maßstä- ben in Bezug auf Verhalten und Verantwortung gerecht werden,
1. fordert die Teilnehmerstaaten auf, wo notwendig Maßnahmen zu verbessern, die verhindern sollen, dass militärische und zivile Mitarbeiter, die im Ausland bei Friedenstruppen oder anderen internationalen Missionen im Einsatz sind, sowie OSZE-Bedienstete sich an Menschenhandel betei- ligen oder Opfer von Menschenhandel ausbeuten. Zu diesem Zweck werden die Teilnehmerstaa- ten danach trachten, dass ihre innerstaatlichen Gesetze, Vorschriften und anderen einschlägigen Dokumente auch gegenüber ihren Staatsangehörigen vollstreckt werden können, die in Friedens- truppen oder anderen internationalen Missionen dienen, um die höchsten Maßstäbe in Bezug auf Verhalten und Verantwortung sicherzustellen;
2. fordert die Teilnehmerstaaten mit entsandtem militärischen und zivilen Personal auf, im Rah- men ihrer Zuständigkeit und ihres jeweiligen Mandats den zuständigen Behörden im Gastland bei deren Bemühungen im Kampf gegen den Menschenhandel Hilfestellung zu leisten. Jeder Teil- nehmerstaat wird seine militärischen und zivilen Mitarbeiter bei der Unterweisung vor deren Aus- landseinsatz über die Politik in Bezug auf Menschenhandel und die Folgen unterrichten;
3. fordert die Teilnehmerstaaten auf, durch geeignete Maßnahmen zu verhindern, dass es durch die von ihnen entsandten militärischen und zivilen Mitarbeiter, die in Friedenstruppen oder anderen internationalen Missionen im Einsatz sind, zu sexueller Ausbeutung und sexuellem Missbrauch oder zu Fällen von Zwangsarbeit kommt, die einschlägigen darauf bezogenen Verhaltensnormen durchzusetzen und sicherzustellen, dass diese Vorfälle ordnungsgemäß untersucht und angemes- sen bestraft werden;
4. bekräftigt die Wichtigkeit der Umsetzung des Verhaltenskodex für OSZE-Bedienstete und der auf Menschenhandel Bezug nehmenden Dienstanweisung Nr. 11 und weist den Generalsekretär an, unter Zuhilfenahme des Sachwissens der Sonderbeauftragten der OSZE für die Bekämpfung des Menschenhandels sowie der Unterstützungsgruppe Bekämpfung des Menschenhandels diese Dokumente entsprechend diesem Beschluss zu aktualisieren und sie vor ihrer Herausgabe den Teilnehmerstaaten zur Stellungnahme und Erörterung zuzuleiten;
5. lädt die Regierungen der OSZE-Kooperationspartner ein, sich ebenfalls zu Grundsätzen, die den in diesem Beschluss festgelegten entsprechen, zu bekennen, und beauftragt zu diesem Zweck die Sonderbeauftragte der OSZE für die Bekämpfung des Menschenhandels und den Generalse- kretär der OSZE, maßgebliche Informationen und Unterlagen an die OSZE-Kooperationspart- ner weiterzuleiten;
6. beauftragt die Sonderbeauftragte der OSZE für die Bekämpfung des Menschenhandels, Aus- bildungsmaterial der OSZE und sonstige Informationen, die bei der Bekämpfung des Menschen- handels hilfreich sein könnten, an einschlägige internationale Organisationen weiterzugeben;
7. beauftragt den Generalsekretär, dem Ständigen Rat alljährlich über die Umsetzung dieses Beschlusses in Bezug auf den Verhaltenskodex für OSZE-Bedienstete sowie auf die Dienstanwei- sung Nr. 11 im Einklang mit Absatz III 11.1 des OSZE-Aktionsplans zur Bekämpfung des Men- schenhandels Bericht zu erstatten.
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Beschluss Nr. 17/05
Stärkung der Wirksamkeit der OSZE
Der Ministerrat,
in Bekräftigung seines uneingeschränkten Bekenntnisses zur Einhaltung der Normen, Grund- sätze und Verpflichtungen in allen drei Dimensionen des umfassenden Sicherheitskonzepts der OSZE, das seit der Schlussakte von Helsinki 1975 und der Charta von Paris für ein Neues Europa 1990 vereinbart ist,
in Anerkennung der Rolle der Organisation als regionale Abmachung im Sinne von Kapitel VIII der Charta der Vereinten Nationen,
daran erinnernd, dass alle OSZE-Verpflichtungen in gleicher Weise für alle Teilnehmerstaaten gelten,
unter Betonung der Rolle der Organisation als Forum für den politischen Dialog, als Schlüsselins- trument für Frühwarnung, Konfliktverhütung, Krisenbewältigung und Konfliktnachsorge sowie als normsetzendes Gremium mit ihren Institutionen und Feldeinsätzen und mit ihren Instrumen- ten und Mechanismen,
in Bekräftigung der Wichtigkeit aller drei Dimensionen des OSZE-Sicherheitsansatzes und seines dimensionsübergreifenden Charakters,
entschlossen, das Vertrauen zwischen den Teilnehmerstaaten und das Bewusstsein für das gemein- same Ziel zu stärken und zu diesem Zweck einen niemanden ausschließenden politischen Dialog auf der Basis der Gleichberechtigung zu führen und kooperativ Hilfestellung zu leisten,
in der Erkenntnis, dass die Arbeit der Organisation in den Bereichen, in denen sie über kompara- tive Vorteile verfügt und zusätzlichen Wert einbringen kann, unter Beibehaltung ihres umfassen- den Sicherheitsansatzes stärker an Schwerpunkten ausgerichtet werden muss,
angesichts der Notwendigkeit, dafür zu sorgen, dass grundlegende Prioritäten und Aktionspläne eine Perspektive auf lange Sicht bieten und auf die jeweiligen Gegebenheiten des Sicherheitsum- felds abgestimmt sind,
entschlossen, die Wirksamkeit der Organisation auf der Grundlage der souveränen Gleichheit der Staaten und des Konsensprinzips in der Beschlussfassung zu stärken, um die Transparenz zu erhö- hen und das Verantwortungsgefühl aller Teilnehmerstaaten zu festigen,
entschlossen, die durchgängige Berücksichtigung des Gleichstellungsaspekts zum festen Bestandteil aller politischen Entscheidungen sowie aller Aktivitäten und Programme in der OSZE zu machen,
unter Hinweis auf den Ministerratsbeschluss Nr. 16/04 über die Schaffung eines Weisenrats zur Stärkung der Wirksamkeit der OSZE,
mit dem Ausdruck der Anerkennung an den Rat für seine Entschlossenheit und seine Bemü- hungen, deren Ergebnis der Bericht mit dem Titel „Common Purpose, Towards a More Effective OSCE“ (CIO.GAL/100/05 vom 27. Juni 2005) ist, und unter Berücksichtigung der darin enthalte- nen Empfehlungen,
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ferner unter Berücksichtigung anderer Beiträge, darunter jene der Parlamentarischen Versamm- lung, sowie der im Dokument mit den Vorstellungen des Vorsitzes (CIO.GAL/132/05 vom 16. Sep- tember 2005) dargelegten Ergebnisse der am 12. und 13. September 2005 in Wien abgehaltenen Konsultationen auf hoher Ebene,
in der Erwägung, dass weitere Anstrengungen erforderlich sind, um den Empfehlungen des Wei- senrats entsprechende Taten folgen zu lassen,
1. beauftragt den Ständigen Rat, seine Arbeit auf der Grundlage des Berichts des Weisenrats und der Ergebnisse der Konsultationen auf hoher Ebene fortzusetzen und dem Ministerrat 2006 über folgende Themen zu berichten: • Verfahrensregeln; • Verbesserung des Konsultationsprozesses, einschließlich Überlegungen betreffend einer Aus- schuss-Struktur; • Prüfung von Möglichkeiten zur Verbesserung der Planung und Effizienz von OSZE-Konferenzen; • Stärkung der Effizienz, Effektivität und Transparenz der Aktivitäten der Organisation, einschließ- lich ihrer budgetären und außerbudgetären Finanzierung, und ihrer Evaluierung und Beurteilung; • Prüfung von Möglichkeiten zur weiteren Stärkung der Rolle des Generalsekretärs, wobei er bei der vollen Ausschöpfung seines Mandats zu unterstützen ist, unter anderem durch die weitere Verstärkung der Zusammenarbeit mit den Leitern der Institutionen und Feldeinsätze; • Modernisierung des Sekretariats, auch unter Berücksichtigung von Vorschlägen des General- sekretärs und der Teilnehmerstaaten, um es besser in die Lage zu versetzen, den Amtierenden Vorsitz und die Teilnehmerstaaten zu unterstützen und die Tätigkeit der OSZE zu koordinieren; • Stärkung der Wirksamkeit der OSZE-Institutionen und -Feldeinsätze; • Prüfung der Möglichkeit, die OSZE mit einem Rechtsstatus auszustatten und ihr Vorrechte und Immunitäten zu verleihen, wobei Ratschläge von Rechtsexperten zu berücksichtigen sind; • weitere Verbesserung der Programmplanung, damit diese den Prioritäten der Organisation bes- ser gerecht wird; • Prüfung von Möglichkeiten zur weiteren Verbesserung der Professionalität des OSZE-Personals und der Verwaltung ihrer Humanressourcen unter gebührender Berücksichtigung einer ausge- wogenen Geschlechtervertretung und geographischen Verteilung; • Prüfung der Möglichkeit themenspezifischer Missionen in einem OSZE-weiten oder subregio- nalen Kontext;
2. beauftragt das BDIMR, dem nächsten Ministerrat einen Bericht über: • die Umsetzung bestehender Verpflichtungen • mögliche zusätzliche Verpflichtungen, • Möglichkeiten zur Stärkung und Förderung seiner wahlbezogenen Aktivitäten • die Verbesserung der Wirksamkeit seiner Unterstützung für die Teilnehmerstaaten,
zur Erörterung vorzulegen, unter Berücksichtigung und in Beantwortung von Fragen, die Teil- nehmerstaaten an das Büro richten, und in enger Abstimmung mit ihnen.
305 Dokument des vierzehnten Treffens des Ministerrats Brüssel 2006
I. Erklärungen des Ministerrats
Erklärung von Brüssel zu Systemen der Strafrechtspflege
Wir, die Mitglieder des Ministerrats, bekräftigen unsere Verpflichtungen im Zusammenhang mit der Strafrechtspflege, insbesondere die in der Schlussakte von Helsinki (1975), im Abschließen- den Dokument von Wien (1989), im Kopenhagener Dokument (1990), in der Charta von Paris für ein neues Europa (1990), im Moskauer Dokument (1991), im Budapester Dokument (1994) und in der Europäischen Sicherheitscharta (1999) enthaltenen Verpflichtungen.
Wir erinnern an die Beschlüsse des Ministerrats Nr. 3/05 über die Bekämpfung der grenzüber- schreitenden organisierten Kriminalität sowie Nr. 12/05 über die Einhaltung der Menschenrechte und der Rechtsstaatlichkeit in Systemen der Strafrechtspflege (Laibach 2005).
Wir verweisen ferner auf das Protokoll des Seminars zur menschlichen Dimension über die Ein- haltung des Rechtsstaatsprinzips und des fairen Verfahrens in der Strafrechtspflege (Warschau, Mai 2006).
Wir erinnern ferner an die einschlägigen VN-Übereinkünfte, einschließlich der Allgemeinen Erklä- rung der Menschenrechte, des Internationalen Pakts über bürgerliche und politische Rechte und des Übereinkommens der Vereinten Nationen gegen Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe.
Wir erinnern an die Verpflichtung der Teilnehmerstaaten, für die Unabhängigkeit der Rechtspre- chung Sorge zu tragen.
Wir anerkennen, dass keine Bestimmung dieses Dokuments eine Beeinträchtigung oder Abwei- chung von bestehenden völkerrechtlichen oder anderen Verpflichtungen der Teilnehmerstaaten darstellt, nehmen jedoch auch zur Kenntnis, dass jeder Teilnehmerstaat in Übereinstimmung mit seiner Rechtstradition selbst die zur Umsetzung in seine nationalen Rechtsvorschriften geeigne- ten Methoden bestimmt.
Wir sind der Auffassung, dass: • die richterliche Unabhängigkeit eine Voraussetzung für die Rechtsstaatlichkeit darstellt und als grundlegende Garantie für ein faires Verfahren fungiert; • Unparteilichkeit unerlässlich ist für die ordnungsgemäße Wahrnehmung des Richteramtes; • Integrität unerlässlich ist für die ordnungsgemäße Wahrnehmung des Richteramtes;
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• Anstand und ein von Anstand geprägtes Erscheinungsbild unerlässlich sind für die Erfüllung aller Aufgaben eines Richters; • eine Garantie für die gleiche Behandlung aller vor dem Gericht unerlässlich ist für die ordnungs- gemäße Wahrnehmung des Richteramtes; • Sachkenntnis und Sorgfalt Voraussetzungen für die ordnungsgemäße Wahrnehmung des Rich- teramtes sind. • Wir sind der Auffassung, dass: • Vertreter der Anklagebehörde integre und dazu befähigte Personen mit entsprechender Ausbil- dung und Qualifikation sein sollten; • Vertreter der Anklagebehörde jederzeit die Ehre und Würde ihres Berufsstandes wahren und der Rechtsstaatlichkeit genügen sollten; • das Amt des Anklägers streng von richterlichen Aufgaben getrennt sein sollte und Vertreter der Anklagebehörde die Unabhängigkeit und Unparteilichkeit der Richter achten sollten; • Vertreter der Anklagebehörde ihr Amt nach dem geltenden Recht unparteiisch, konsequent und schnell ausüben, die Würde des Menschen achten und schützen und die Menschenrechte wahren sollten, um auf diese Weise zur Sicherstellung der Rechte der Verteidigung und des rei- bungslosen Funktionierens der Strafrechtspflege beizutragen.
Wir sind der Auffassung, dass: • Vollzugsbeamte jederzeit das ihnen von Rechts wegen zugewiesene Amt erfüllen sollten, indem sie im Dienste der Öffentlichkeit alle Menschen gegen rechtswidrige Handlungen schützen, wie es der hohen Verantwortung entspricht, die ihr Beruf verlangt; • Vollzugsbeamte in Ausübung ihres Amtes die Würde des Menschen achten und schützen und die Menschenrechte aller wahren und hochhalten sollten; • Vollzugsbeamte Gewalt nur im Rahmen des Notwendigen und Angemessenen zur Erfüllung ihrer Aufgabe und zur Gewährleistung der öffentlichen Sicherheit einsetzen sollten; • Vollzugsbeamte als Angehörige der größeren Gruppe der Träger eines öffentlichen Amtes bzw. anderer in amtlicher Funktion Tätiger keine Folterung oder eine andere grausame, unmensch- liche oder erniedrigende Behandlung oder Strafe zufügen, dazu anstiften oder ermutigen oder diese tolerieren sollten; • kein Vollzugsbeamter dafür bestraft werden sollte, wenn er sich dem Befehl widersetzt, Handlun- gen zu begehen oder zu verheimlichen, die mit Folter oder einer anderen grausamen, unmensch- lichen oder erniedrigende Behandlung oder Strafe gleichzusetzen sind; • Vollzugsbeamte sich für die Gesundheit der in ihrem Gewahrsam befindlichen Personen verant- wortlich fühlen und auf sie achten und insbesondere sofort tätig werden sollten, um eine ärzt- liche Betreuung sicherzustellen, wann immer diese erforderlich ist.
Wir sind der Auffassung, dass: • alle notwendigen Maßnahmen getroffen werden sollten, um die freie Berufsausübung von Anwäl- ten ohne Diskriminierung und ohne ungebührliche Einmischung seitens der Behörden oder der Öffentlichkeit zu achten, zu schützen und zu fördern; • Entscheidungen über die Berufsausübung oder -zulassung von Rechtsanwälten von einem unab- hängigen Gremium getroffen werden sollten. Unabhängig davon, ob diese Entscheidungen von einem unabhängigen Gremium getroffen werden oder nicht, sollten sie der Überprüfung durch eine unabhängige und unparteiische Justizbehörde unterliegen;
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• Rechtsanwälte keinerlei Sanktionen oder Druck ausgesetzt oder davon bedroht sein sollten, wenn sie gemäß ihren Standesregeln handeln; • Rechtsanwälte Zugang zu ihren Klienten haben sollten, insbesondere auch zu Personen, denen ihre Freiheit entzogen wurde, um ihre Klienten ungestört beraten und im Einklang mit festste- henden Standesregeln vertreten zu können; • alle sinnvollen und notwendigen Maßnahmen getroffen werden sollten, um die Vertraulichkeit der Beziehungen zwischen Rechtsanwalt und Klient sicherzustellen. Ausnahmen von diesem Grundsatz sollten nur genehmigt werden, wenn sie im Einklang mit der Rechtsstaatlichkeit stehen; • Rechtsanwälten der Zugang zu einem Gericht, vor dem aufzutreten sie qualifiziert sind, nicht verwehrt werden sollte und sie in Verteidigung der Rechte und Interessen ihrer Klienten im Einklang mit ihren Standesregeln Zugang zu allen maßgeblichen Beweismitteln und Unterla- gen haben sollten.
Wir sind der Auffassung, dass die Vollstreckung von Freiheitsstrafen und die Behandlung von Häftlingen den Erfordernissen der inneren und äußeren Sicherheit und der Bestrafung Genüge tun, aber auch Haftbedingungen sicherstellen muss, die nicht die Menschenwürde verletzen und den Häftlingen Möglichkeiten zu einer sinnvollen Betätigung und geeignete Behandlungspro- gramme bieten muss, um sie so auf ihre Wiedereingliederung in die Gesellschaft vorzubereiten.
Wir rufen alle Teilnehmerstaaten dazu auf, ihre völkerrechtlichen und sonstigen Verpflichtun- gen vollständig umzusetzen, um für einen unparteiischen und wirksamen Gang der Strafrechts- pflege zu sorgen.
Ministererklärung von Brüssel über die Unterstützung und Förderung des völkerrechtlichen Rahmens für die Bekämpfung des Terrorismus
Wir, die Mitglieder des Ministerrats der OSZE, bekräftigen unsere feste Entschlossenheit, alle Arten und Erscheinungsformen des Terrorismus als ein Verbrechen zu bekämpfen, das keinerlei Rechtfertigung hat, ungeachtet seiner Beweggründe oder Ursachen, und die Aktivitäten der OSZE zur Bekämpfung des Terrorismus im Einklang mit bestehenden OSZEVerpflichtungen fortzuset- zen und zu verstärken.
Wir betonen, dass die Maßnahmen zur Führung dieses Kampfes unter voller Achtung der Rechts- staatlichkeit und im Einklang mit unseren völkerrechtlichen Verpflichtungen, insbesondere den internationalen Menschenrechtsnormen, dem internationalen Flüchtlingsrecht und dem huma- nitären Völkerrecht, unternommen werden müssen.
Wir sind davon überzeugt, dass der völkerrechtliche Rahmen für die Bekämpfung des Terrorismus, bestehend aus den weltweit gültigen Übereinkommen und Protokollen zur Verhütung und Beseiti- gung des Terrorismus, den einschlägigen Resolutionen des Sicherheitsrats der Vereinten Nationen, der jüngst verabschiedeten Weltweiten Strategie der Vereinten Nationen gegen den Terrorismus sowie aus regionalen und bilateralen Rechtsakten gegen den Terrorismus, verstärkt werden muss.
Wir fordern die OSZE-Teilnehmerstaaten auf, die einschlägigen Resolutionen des Sicherheitsrats der Vereinten Nationen zur Bekämpfung des Terrorismus umzusetzen.
Wir begrüßen die beachtlichen Fortschritte der Teilnehmerstaaten hinsichtlich der Erfüllung der vom Ministerrat in Bukarest beschlossenen Verpflichtung zum Beitritt zu den 12 Übereinkom- men und Protokollen gegen den Terrorismus, wobei nunmehr 46 Teilnehmerstaaten allen 12 der- zeit in Kraft befindlichen Rechtsakten beigetreten sind.
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Wir fordern diejenigen OSZE-Teilnehmerstaaten, die dies noch nicht getan haben, auf, jede Anstren- gung zu unternehmen, um den derzeit geltenden weltweit gültigen Übereinkommen und Proto- kollen gegen den Terrorismus unverzüglich beizutreten und sie umzusetzen, insbesondere durch Kriminalisierung der diesbezüglichen Straftaten in ihren innerstaatlichen Rechtsvorschriften.
Wir wiederholen unseren Appell an die OSZE-Teilnehmerstaaten, den Beitritt zum Internationa- len Übereinkommen zur Bekämpfung nuklearterroristischer Handlungen und zum Übereinkom- men der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität sowie zum Übereinkommen der Vereinten Nationen gegen Korruption in Erwägung zu ziehen, und unterstüt- zen die laufenden Bemühungen um Verabschiedung eines umfassenden Übereinkommens über den internationalen Terrorismus dahingehend, dass die Ziele der internationalen Gemeinschaft im Kampf gegen den Terrorismus gefördert werden.
Wir fordern die Teilnehmerstaaten auf, den Beitritt zu regionalen und subregionalen Rechtsakten gegen den Terrorismus oder über die rechtliche Zusammenarbeit in Strafsachen, die von Organi- sationen verabschiedet wurden, denen wir angehören, in Erwägung zu ziehen und – wann immer Lücken in bestehenden Rechtsakten zu schließen sind bilaterale Abkommen über gegenseitige Rechtshilfe und Auslieferung zu schließen, um in Übereinstimmung mit den nach innerstaatlichem und internationalem Recht anwendbaren Regeln uneingeschränkt zusammenarbeiten zu können, damit Täter, Organisatoren, Unterstützer und Sponsoren terroristischer Handlungen auf der Grund- lage des Prinzips „ausliefern oder verfolgen“ ausgeforscht und vor Gericht gestellt werden können.
Wir werden den Informationsaustausch, unter anderem über den Ständigen Rat und das Forum für Sicherheitskooperation, über die Fortschritte beim Beitritt zu internationalen, regionalen und bilateralen Rechtsakten gegen den Terrorismus und über die rechtliche Zusammenarbeit in Straf- sachen sowie über Entwicklungen in den innerstaatlichen Rechtsvorschriften in Bezug auf den Terrorismus fortsetzen.
Wir begrüßen die bisher geleistete Arbeit der Strukturen, Institutionen und Feldpräsenzen der OSZE in Zusammenarbeit mit dem Büro der Vereinten Nationen für Drogen- und Verbrechensbekämp- fung, dem Europarat und anderen einschlägig tätigen Regionalorganisationen im Hinblick auf die Verstärkung der Rechtsordnungen gegen den Terrorismus durch die Förderung der Umsetzung der Verpflichtungen der Teilnehmerstaaten gemäß den weltweit gültigen und den regionalen Überein- künften gegen den Terrorismus, denen sie beigetreten sind, und durch die Erleichterung der inter- nationalen rechtlichen Zusammenarbeit in Strafsachen und ermutigen sie, dies weiterhin zu tun.
Wir werden ferner das Zusammenwirken und den Dialog in Fragen der Unterstützung und För- derung des völkerrechtlichen Rahmens für die Bekämpfung des Terrorismus mit den Kooperati- onspartnern im Mittelmeerraum und in Asien weiterentwickeln.
Ministererklärung zur Migration
1. Wir, die Minister für auswärtige Angelegenheiten der OSZE-Teilnehmerstaaten, begrüßen den Bericht über die Arbeit der OSZE auf dem Gebiet der Migration seit 2005 und bringen unseren Dank und unsere anhaltende Unterstützung für die zu Migrations- und Integrationsfragen in allen drei Dimensionen der OSZE geleistete, alle Länder einschließlich der Herkunfts-, Ziel- und Tran- sitländer betreffende Arbeit zum Ausdruck.
2. Im Bewusstsein der Bedeutung, die der Migration in internationalen und nationalen Angele- genheiten zugewachsen ist, bekräftigen wir den Beschluss Nr. 2/05 des Ministerrats über Migra- tion und ersuchen den Ständigen Rat und die einschlägigen OSZE-Strukturen, sich im Rahmen
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ihres jeweiligen Mandats weiterhin mit einschlägigen Migrations- und Integrationsfragen als Teil ihres umfassenden Sicherheitsansatzes auseinanderzusetzen.
3. Der Dialog auf hoher Ebene der Vereinten Nationen über internationale Migration und Ent- wicklung lotete unter anderem die Beziehung zwischen diesen beiden komplexen Phänomenen aus, unterstrich, dass die Migration in allen Ländern einen positiven Entwicklungsimpuls darstellen kann, und bestätigte, wie wichtig es ist, für eine Koordinierung zwischen den in diesen Bereichen tätigen einschlägigen internationalen und regionalen Organisationen zu sorgen.
4. Als Folge der Globalisierung und zunehmenden Mobilität kommt dem Dialog und der Zusam- menarbeit zwischen den Regierungen auf bilateraler, regionaler und internationaler Ebene im Hinblick auf die wirksame Auseinandersetzung mit den Chancen und Herausforderungen der internationalen Migration in und zwischen allen Ländern, einschließlich der Herkunfts-, Tran- sit- und Zielländer, zunehmende Bedeutung zu.
5. Da das Phänomen Migration sowohl an Tragweite als auch an Komplexität zunimmt, ermutigen wir alle einschlägigen OSZE-Institutionen und -Strukturen, im Rahmen ihres jeweiligen Mandats ihre Arbeit in Bezug auf Migrations- und Integrationsfragen in allen drei Dimensionen fortzuset- zen, insbesondere im Hinblick auf den möglichen Beitrag der Migration zu nachhaltiger und part- nerschaftlicher Entwicklung, die Förderung der Integration unter Achtung der kulturellen und religiösen Vielfalt, die Auseinandersetzung mit Zwangsmigration unter gleichzeitiger Einhaltung der einschlägigen völkerrechtlichen Verpflichtungen und die Bekämpfung der illegalen Migration sowie des Menschenhandels und der Ausbeutung, der Diskriminierung, des Missbrauchs und des gegen Migranten gerichteten Rassismus unter besonderer Berücksichtigung von Frauen und Kin- dern, sowie die Förderung des Dialogs, der Partnerschaft und der Zusammenarbeit zwischen den OSZE Teilnehmerstaaten und den Kooperationspartnern in Migrationsfragen.
6. Wir nehmen Kenntnis von der guten Zusammenarbeit zwischen den Organisationen bei der Produktion des OSCE/IOM/ILO Handbook on Establishing Effective Labour Migration Policies in Countries of Origin and Destination (Handbuch für die Ausarbeitung einer wirksamen Arbeits- migrationspolitik in den Herkunfts- und Zielländern) sowie bei der Förderung einer verbesserten Migrationssteuerung durch eine Reihe von Aktivitäten. Das Handbuch ist ein wirksames Inst- rument für den Aufbau von Kapazitäten, der ein ausschlaggebendes Element zur Vorbereitung staatlicher Institutionen auf die Schaffung eines Migrationssteuerungssystems zur Kontrolle der Migrationsströme darstellt.
II. Beschlüsse des Ministerrats
Beschluss Nr. 3/06
Bekämpfung des Menschenhandels
Der Ministerrat,
in Bekräftigung der Verpflichtungen, die die Teilnehmerstaaten im Bereich der Bekämpfung des Menschenhandels eingegangen sind,
in Bekräftigung des OSZE-Aktionsplans zur Bekämpfung des Menschenhandels, einschließlich seines Zusatzes „Berücksichtigung der besonderen Schutz- und Hilfsbedürftigkeit von Kindern als Opfer von Menschenhandel“ (PC.DEC/557/Rev.1 vom 7. Juli 2005),
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unter Hinweis auf den Beschluss Nr. 2/03 des Elften Treffens des Ministerrats in Maastricht über die Bekämpfung des Menschenhandels, mit dem ein OSZE-Mechanismus unter der Führung des Ständigen Rates eingerichtet wurde, der die Teilnehmerstaaten im Kampf gegen den Menschen- handel unterstützen soll,
in Bekräftigung der Wichtigkeit, über eine mit angemessenen administrativen und finanziellen Mitteln ausgestattete geeignete Struktur zu verfügen, die auf politischer Ebene tätig werden kann,
1. beschließt, den OSZE-Mechanismus zur Unterstützung der Teilnehmerstaaten im Kampf gegen den Menschenhandel, der unter der Führung des Ständigen Rates eingerichtet wurde, zu einem fes- ten Bestandteil des Sekretariats zu machen. Die Struktur wird unter der Leitung einer prominenten Persönlichkeit stehen, die die Funktion eines Sonderbeauftragten übernehmen und die OSZE auf politischer Ebene vertreten wird; sie wird aus entsprechend dem Personalstatut und den Dienstvor- schriften der OSZE bestellten bzw. dienstzugeteilten Vertrags- und dienstzugeteilten Bediensteten bestehen und die derzeitigen Mitarbeiter der Gruppe Bekämpfung des Menschenhandels umfassen;
Aufgabe der Struktur wird es sein:
(a) die OSZE-Teilnehmerstaaten bei der Umsetzung der Verpflichtungen und vollen Berücksich- tigung der im OSZE-Aktionsplan zur Bekämpfung des Menschenhandels, einschließlich seines Zusatzes „Berücksichtigung der besonderen Schutz- und Hilfsbedürftigkeit von Kindern als Opfer von Menschenhandel“, enthaltenen Empfehlungen zu unterstützen;
(b) für die Koordination der OSZE-Maßnahmen zur Bekämpfung des Menschenhandels quer durch alle drei Dimensionen der OSZE zu sorgen und als zentrale Anlaufstelle für die Arbeit der OSZE in diesem Bereich zu fungieren;
(c) die Zusammenarbeit zwischen den zuständigen Behörden der Teilnehmerstaaten sowie zwi- schen der OSZE und anderen einschlägigen Organisationen zu stärken;
(d) die Bekämpfung des Menschenhandels in der Öffentlichkeit und politisch stärker zu profilieren;
(e) im gesamten OSZE-Raum tätig zu sein und gegebenenfalls den Teilnehmerstaaten im Geiste der Zusammenarbeit und nach Konsultationen mit den zuständigen Behörden der betreffenden Teilnehmerstaaten bei deren Bemühungen um Umsetzung ihrer Verpflichtungen im Kampf gegen den Menschenhandel Hilfestellung zu leisten;
(f) gegebenenfalls gemeinsam mit anderen in diesem Bereich tätigen OSZE-Strukturen Beratung und technische Hilfe bei der Gesetzgebung und der Entwicklung politischer Richtlinien anzubie- ten und zu vermitteln;
(g) bereit zu sein, hochrangige Behörden der Legislative, Exekutive und Judikative in Teilnehmer- staaten zu beraten und mit ihnen die Umsetzung des Aktionsplans der OSZE zur Bekämpfung des Menschenhandels sowie der Verpflichtungen in Bezug auf die Bekämpfung des Menschen- handels zu erörtern; In speziellen Fällen, die besondere Aufmerksamkeit erfordern, in geeigneter Weise den direkten Kontakt mit den betreffenden Teilnehmerstaaten zu suchen und bei Bedarf die Bereitstellung von Beratung und konkreter Hilfe zu erörtern;
(h) mit den in den Teilnehmerstaaten zur Koordination und Überwachung der Aktivitäten der staatlichen Einrichtungen im Kampf gegen den Menschenhandel bestellten nationalen Koordina- toren, nationalen Berichterstattern oder anderen nationalen Mechanismen zusammenzuarbeiten.
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Die Struktur wird auch mit einschlägigen nichtstaatlichen Organisationen in den Teilnehmerstaa- ten zusammenarbeiten. Darüber hinaus wird sie innerhalb der OSZE die Rolle eines Gastgebers bzw. Förderers von Treffen zum Informations- und Erfahrungsaustausch zwischen den nationa- len Koordinatoren, von den Teilnehmerstaaten benannten Vertretern oder Experten in Sachen Menschenhandel übernehmen;
(i) in koordinierender Funktion und unter voller Achtung des jeweiligen Mandats eng mit dem Büro für demokratische Institutionen und Menschenrechte (BDIMR) und anderen OSZE-Institutionen zusammenzuarbeiten, ebenso wie mit einschlägigen Strukturen des Sekretariats einschließlich des Büros des Koordinators für Wirtschafts- und Umweltaktivitäten der OSZE (OCEEA), der Gruppe Strategische Polizeiangelegenheiten (SPMU) und dem Leitenden Genderberater, sowie gegebenen- falls mit den OSZE-Feldoperationen. Unter Nutzung der in der OSZE vorhandenen Erfahrungen werden die OSZE-Strukturen, die in diesem Bereich tätig sind, enges Einvernehmen untereinan- der und mit dem Sonderbeauftragten herstellen, um Doppel- gleisigkeiten zu vermeiden, Kom- plementarität und Kohärenz sicherstellen und gegebenenfalls ein Gesamtkonzept entwickeln;
(j) mit einschlägigen internationalen Akteuren, darunter regionale, zwischenstaatliche und nicht- staatliche Organisationen, zusammenzuarbeiten und Synergien zu entwickeln; auch weiterhin gemeinsame Initiativen der Allianz gegen den Menschenhandel einzuberufen, den Vorsitz zu füh- ren und zu organisieren;
2. fordert den Generalsekretär und den Amtierenden Vorsitz auf, einander bei der Bestellung einer prominenten Persönlichkeit mit einschlägiger beruflicher und politischer Erfahrung zu konsultieren: • Der Generalsekretär wird die Persönlichkeit mit Zustimmung des Vorsitzes im Einklang mit Beschluss Nr. 15/04 des Zwölften Ministerratstreffens in Sofia zum Koordinator in der Besol- dungsgruppe D2 bestellen; • der Amtierende Vorsitz wird dem Koordinator Funktion und Titel eines Sonderbeauftragten für die Bekämpfung des Menschenhandels übertragen, um den Amtsinhaber dazu zu befähigen, die OSZE auf politischer Ebene angemessen zu vertreten. Die Teilnehmerstaaten werden laut Beschluss Nr. 8 des Zehnten Ministerratstreffens in Porto konsultiert werden;
3. stellt fest, dass der Sonderbeauftragte dem Ständigen Rat nach Rücksprache mit dem Amtieren- den Vorsitz und dem Generalsekretär sowie gemäß Beschluss Nr. 13/05 des Dreizehnten Minister- ratstreffens in Laibach politisch unterstehen und diesem regelmäßig und wenn angezeigt Bericht erstatten wird;
4. stimmt zu, die Finanzierungsmodalitäten ab 2007 dahingehend abzuändern, dass das derzeitige Programm im Gesamthaushaltsplan mit der Bezeichnung „Sonderbeauftragter für die Bekämp- fung die Menschenhandels“ Teil des Hauptprogramms mit der derzeitigen Bezeichnung „Gruppe Bekämpfung des Menschenhandels“ wird;
5. beschließt, dass dieser Beschluss den Beschluss Nr. 2/03 des Elften Ministerratstreffens in Maas- tricht abändert und nötigenfalls vom Ständigen Rat abgeändert werden kann.
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Beschluss Nr. 5/06
Organisierte Kriminalität
Der Ministerrat,
mit der erneuten Feststellung seiner großen Besorgnis über die negativen Auswirkungen der orga- nisierten Kriminalität auf Frieden, Stabilität und Sicherheit,
besorgt darüber, dass die organisierte Kriminalität mit zunehmender Effizienz unsere globalisierte Wirtschaft und offene Gesellschaft ausbeutet und im gesamten OSZE-Gebiet eine wachsende mehr- dimensionale Herausforderung für alle Teilnehmerstaaten darstellt,
besorgt darüber, dass die organisierte Kriminalität über ein riesiges Vermögen verfügt und unge- heure Macht ausüben kann und damit das Potenzial besitzt, die demokratischen Werte unserer Gesellschaft auszuhöhlen und die Sicherheit der einfachen Bürger direkt und indirekt zu bedrohen,
ferner besorgt über die Herausforderungen und Bedrohungen, die aus der Verbindung zwischen organisierter Kriminalität, Menschenhandel, illegalem Waffen- und Drogenhandel, Korruption und Terrorismus sowie anderen Formen grenzüberschreitender und inländischer krimineller Aktivität resultieren,
überzeugt, dass die Auseinandersetzung mit der organisierten Kriminalität ein zentrales Element unserer Politik bleiben muss, damit für die Sicherheit unserer Bürger sowohl im Inland als auch durch internationale Zusammenarbeit gesorgt wird,
unterstreichend, dass die organisierte Kriminalität am besten durch demokratische Institutionen bekämpft werden kann, die Menschenrechte und Rechtsstaatlichkeit achten und den Bürgern und der Zivilgesellschaft gegenüber rechenschaftspflichtig sind,
nachdrücklich auf die Schlüsselrolle hinweisend, die eine effiziente und effektive Strafrechtspflege für die Wahrung der öffentlichen Sicherheit spielt,
in Anerkennung der Tatsache, dass die Strafrechtspflege betreffende Politiken und Aktivitäten unter anderem Verbrechensverhütung, Strafverfolgung, Polizei, das Justizsystem, die öffentliche Anklagebehörde, Verteidiger und Strafvollzug beinhalten und einbeziehen sollten,
in dem Bewusstsein, dass eine effiziente und effektive Strafrechtspflege nur auf Grundlage der Rechtsstaatlichkeit und des Schutzes der Menschenrechte entwickelt werden kann und dass die Rechtsstaatlichkeit selbst des Schutzes durch diese Strafrechtspflege bedarf,
in dem Bewusstsein, dass eine effiziente und effektive Strafrechtspflege auf Grundlage der Rechts- staatlichkeit die Voraussetzung für die Bekämpfung der organisierten Kriminalität, des Men- schenhandels, des illegalen Drogen- und Waffenhandels, des Terrorismus, der Korruption und anderer Formen grenzüberschreitender und inländischer krimineller Aktivität darstellt und dass diesen Sicherheitsherausforderungen im Rahmen der gesamten Strafrechtspflege durch Fachleute begegnet werden muss,
im Bewusstsein der ungebrochenen Gültigkeit der Regeln und Normen der Vereinten Nationen auf dem Gebiet der Verbrechensverhütung und Strafrechtspflege sowie der unterstützenden Rolle des Büros der Vereinten Nationen für Drogen- und Verbrechensbekämpfung (UNODC) im Hinblick
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auf ihren Einsatz und ihre Anwendung und erfreut über die verstärkte Zusammenarbeit zwischen dem OSZE-Sekretariat, UNODC und der Kommission der Vereinten Nationen für Verbrechens- verhütung und Strafrechtspflege,
in Anerkennung der Aktivitäten anderer Organe der Vereinten Nationen und anderer internatio- naler Gremien im Bereich der Rechtsstaatlichkeit,
in Anerkennung der Wichtigkeit der Umsetzung der Verpflichtungen aus dem Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität (Übereinkom- men von Palermo) und gegebenenfalls seinen ergänzenden Protokollen sowie aus dem Überein- kommen der Vereinten Nationen gegen Korruption als ein Mittel, mit dessen Hilfe die organisierte Kriminalität und die Korruption bekämpft und die internationale Zusammenarbeit in Strafsachen gefördert werden kann,
Kenntnis nehmend von den einschlägigen Übereinkommen samt ihren Protokollen, die im Rah- men des Europarats ausgearbeitet wurden,
Kenntnis nehmend von den Ergebnissen der 2005 und 2006 abgehaltenen OSZESeminare und -Arbeitstagungen zur internationalen Zusammenarbeit der Justizbehörden in Strafsachen, zur Ter- rorismusverhütung, zum illegalen Drogenhandel und zu anderen Formen des illegalen Handels,
im Bewusstsein der Notwendigkeit, dass die OSZE in Koordination mit den Vereinten Nationen und anderen multilateralen Foren die Stärkung der internationalen Zusammenarbeit der Justiz- behörden und die Verbesserung der Strafrechtspflege als Teil ihrer gesamten Sicherheitsagenda zu einem Schwerpunkt macht,
1. fordert die Teilnehmerstaaten nachdrücklich auf, die organisierte Kriminalität weiterhin als eine schwerwiegende Bedrohung zu behandeln und, wo möglich, die Umsetzung ihrer jeweiligen internationalen Verpflichtungen und OSZE-Verpflichtungen in allen Bereichen ihrer Strafrechts- pflege zu verstärken;
2. empfiehlt, gegebenenfalls die Verabschiedung nationaler Pläne zur Auseinandersetzung mit sicherheitsbezogenen Fragen in Betracht zu ziehen und einen integrierten Ansatz zu verfolgen, in dem Bewusstsein, dass jedes Element der Strafrechtspflege Auswirkungen auf die anderen Ele- mente hat;
3. lädt die Teilnehmerstaaten dazu ein, zu überlegen, selbst eine Evaluierung ihrer eigenen Straf- rechtspflege vorzunehmen, und sich dabei gegebenenfalls der von internationalen Organisationen angebotenen Instrumente wie des UNODC/OSZE- Beurteilungsinstrumentariums zu bedienen und, wenn notwendig, von anderen verfügbaren Instrumenten, einschließlich der vom Europarat (CEPEJ – Europarats-Kommission für die Wirksamkeit der Justiz) und von anderen Organisatio- nen, von der Wissenschaft oder von Anwaltsvereinigungen zur Verfügung gestellten Instrumente, bestmöglichen Gebrauch zu machen;
4. fordert die Teilnehmerstaaten nachdrücklich dazu auf, der Integrität und dem Professionalis- mus von Strafverfolgungsbehörden und Staatsanwaltschaften, der effizienten Rechtspflege und vorschriftsmäßigen Verwaltung des Gerichtswesens, der Unabhängigkeit der Justiz und dem vor- schriftsmäßigen Funktionieren des Strafvollzugs gebührende Aufmerksamkeit zu schenken und Möglichkeiten eines alternativen Strafvollzugs zu erkunden;
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5. empfiehlt, als Teil der politischen Planung im Bereich der Verhütung und Bekämpfung der orga- nisierten Kriminalität die Datensammlung und -analyse zu verbessern, Risiko- und Gefahren- bewertungen in den einzelnen Ländern zu entwickeln und einzusetzen und den Austausch von Informationen und bewährten Verfahren, soweit dies nicht ohnehin schon geschieht, zu fördern;
6. empfiehlt, die nationalen Bemühungen um internationale Zusammenarbeit, Koordinierung und einen internationalen Informationsaustausch als wichtigen Schritt zur Bekämpfung der grenzüber- schreitenden organisierten Kriminalität zu verstärken;
7. legt den Teilnehmerstaaten nachdrücklich nahe, die internationale Zusammenarbeit der Justiz- behörden in Strafsachen zu verstärken, unter anderem durch Erwägung eines Beitritts zum Über- einkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität (Übereinkommen von Palermo) sowie gegebenenfalls seinen ergänzenden Protokollen und zum Übereinkommen der Vereinten Nationen gegen Korruption sowie durch Umsetzung ihrer Verpflich- tungen aus diesen und anderen multilateralen und bilateralen Übereinkünften über Zusammenar- beit der Justizbehörden, denen sie als Vertragsstaat angehören, einschließlich der entsprechenden Anwendung der maßgeblichen Artikel über gegenseitige Rechtshilfe und Auslieferung;
8. legt den Teilnehmerstaaten nachdrücklich nahe, einen Beitritt zum Übereinkommen über die Überstellung verurteilter Personen (Straßburg, 21. November 1983) und gegebenenfalls zu seinem Zusatzprotokoll von 1997 und den Abschluss bilateraler Abkommen zur Ergänzung dieses Über- einkommens, die die Überstellung verurteilter Personen erleichtern, zu erwägen;
9. unterstützt die internationale polizeiliche Zusammenarbeit und nimmt Kenntnis vom Ergeb- nis des Treffens der Polizeichefs der OSZE am 24. November 2006 in Brüssel, einschließlich der Anregung zu regelmäßigen Treffen, wenn diese Treffen mit anderen Treffen von Polizeichefs koor- diniert werden und diese berücksichtigen;
10. empfiehlt, Bemühungen zur Aufnahme des Kontakts zur Öffentlichkeit zu unternehmen, ein- schließlich der Zusammenarbeit zwischen Strafverfolgungsbehörden und zivilgesellschaftlichen Organisationen, damit die Bürger bessere Kenntnis von ihren Bürgerrechten erhalten, größeres Vertrauen in die Strafrechtspflege als Garant für diese Rechte entwickeln und sich nicht scheuen, sich an die zuständigen Behörden zu wenden;
11.(a) beauftragt den Generalsekretär und die einschlägigen Durchführungsorgane der OSZE, sich im Rahmen ihres jeweiligen Mandats in ihren Politiken und Aktivitäten verstärkt der Schlüsselrolle der Strafrechtspflege beim Aufbau von Institutionen und bei der Förderung der Rechtsstaatlich- keit zu widmen und auch enger zusammenzuarbeiten und sich abzusprechen, um der Wechsel- wirkung zwischen den einzelnen Komponenten der Strafrechtspflege besser Rechnung zu tragen; (b) beauftragt den Generalsekretär und die einschlägigen Durchführungsorgane der OSZE, im Rah- men ihres jeweiligen Mandats ihr vorhandenes Wissen und ihre Erfahrung im Bereich der Straf- rechtspflege und der organisierten Kriminalität als Grundlage heranzuziehen und diese zu festigen; (c) beauftragt den Generalsekretär, die internationale Zusammenarbeit der Justizbehörden zwischen den Teilnehmerstaaten in Strafsachen zu unterstützen und zu fördern und dabei auch den Rah- men heranzuziehen, den das Übereinkommen der Vereinten Nationen gegen die grenzüberschrei- tende organisierte Kriminalität bietet, die Konferenz der Vertragsstaaten dieses Übereinkommens zu unterstützen und die Zusammenarbeit mit UNODC unter anderem in Fragen der Bekämpfung der organisierten Kriminalität und des illegalen Drogenhandels fortzusetzen;
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(d) beauftragt den Generalsekretär und das BDIMR, die Teilnehmerstaaten regelmäßig auf dem Laufenden zu halten und den Teilnehmerstaaten vor der Sommerpause 2007 einen gemeinsamen schriftlichen Bericht über die Umsetzung dieser Aufgaben vorzulegen; (e) beauftragt den Ständigen Rat, diesen Bericht zur Kenntnis zu nehmen und gegebenenfalls eine mögliche Nachbereitung zu erwägen; (f) beauftragt den Generalsekretär und die einschlägigen Durchführungsorgane der OSZE ein- schließlich des BDIMR, sich – gegebenenfalls in Koordination und Kooperation mit anderen internationalen Organisationen und Institutionen – bereit zu erklären, von den Teilnehmerstaa- ten vorgebrachte Vorschläge für Projekte und Ersuchen um Zusammenarbeit aufzugreifen und die Unterstützung von Ausbildungsprogrammen zu erwägen, all dies im Rahmen ihres jeweiligen Mandats und soweit Beiträge zu diesem Zweck zur Verfügung stehen; (g) unterstreicht die Bedeutung verstärkter Kohärenz und Kontinuität in den Bemühungen aller betroffenen OSZE-Gremien sowie einer verstärkten Zusammenarbeit mit Fachorganisationen; beauftragt diesbezüglich den Generalsekretär, im Rahmen der verfügbaren Ressourcen und Man- date die Koordinierung dieser Aktivitäten zu verstärken; lädt die Teilnehmerstaaten ein, diesen Aktivitäten Unterstützung zu gewähren.
Beschluss Nr. 7/06
Bekämpfung der Nutzung des Internets zu terroristischen Zwecken
Der Ministerrat,
unter Hinweis auf seinen früheren Beschluss zu dieser Frage (MC.DEC/3/04),
weiterhin zutiefst besorgt über das zunehmende Ausmaß, in dem das Internet, wie im erwähnten Beschluss und in der Folge festgestellt, zu terroristischen Zwecken genutzt wird,
in diesem Zusammenhang die Bedeutung der vollen Achtung des für die Demokratie unerlässli- chen und durch das Internet sogar gestärkten Rechts auf Meinungsfreiheit und freie Meinungsäu- ßerung, das auch die Freiheit umfasst, Informationen zu suchen, zu erhalten und weiterzugeben (PC.DEC/633 vom 11. November 2004), sowie der Rechtsstaatlichkeit bekräftigend,
in der Erkenntnis, dass die Staaten in Resolution 1624 (2005) des Sicherheitsrats der Vereinten Nationen aufgefordert werden, die notwendigen und geeigneten Maßnahmen im Einklang mit ihren Verpflichtungen nach dem Völkerrecht zu ergreifen und die Anstiftung zur Begehung einer terroristischen Handlung oder terroristischer Handlungen gesetzlich zu verbieten und ein solches Verhalten zu verhindern,
in Bekräftigung unserer Verpflichtungen gemäß der Weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus, insbesondere „die Bemühungen zur Bekämpfung aller Arten und Erscheinungsformen des Terrorismus im Internet auf internationaler und regionaler Ebene zu koordinieren“ und „das Internet als ein Werkzeug zur Bekämpfung der Verbreitung von Terrorismus zu nutzen, wobei anerkannt wird, dass Staaten in dieser Hinsicht gegebenenfalls Hilfe benötigen“,
Kenntnis nehmend von der im Bericht des Ausschusses der Vereinten Nationen zur Bekämpfung des Terrorismus (S/2006/737 vom 15. September 2006) enthaltenen Feststellung, dass mehrere Staa- ten derzeit die Anwendung des in ihren innerstaatlichen Rechtsvorschriften vorgesehenen Verbots der Anstiftung auf das Internet prüfen,
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Kenntnis nehmend von den jüngsten Entwicklungen, insbesondere dem Übereinkommen des Euro- parats zur Verhütung des Terrorismus, betreffend die Verpflichtungen der Vertragsstaaten dieses Übereinkommens, die öffentliche Aufforderung zur Begehung einer terroristischen Straftat sowie die Anwerbung und Ausbildung für terroristische Zwecke unter Strafe zu stellen,
unter Hinweis auf das Übereinkommen des Europarats über Computerkriminalität (2001), die einzige rechtsverbindliche multilaterale Übereinkunft, die sich konkret mit Computerkriminalität befasst und unter anderem einen gemeinsamen rechtlichen Rahmen für die internationale Zusam- menarbeit zwischen den Vertragsstaaten dieses Übereinkommens im Kampf gegen die Compu- terkriminalität schafft, sowie auf dessen Zusatzprotokoll betreffend die Kriminalisierung mittels Computersystemen begangener Handlungen rassistischer und fremdenfeindlicher Art,
in Anerkennung der vom G-8-Gipfel (St. Petersburg, Russische Föderation, 16. Juli 2006) eingegan- genen Verpflichtung, Versuche des Missbrauchs des virtuellen Raums für terroristische Zwecke, einschließlich der Anstiftung zur Begehung terroristischer Handlungen, zur Planung terroristi- scher Handlungen und Weitergabe einschlägiger Informationen, sowie die Anwerbung und Aus- bildung von Terroristen wirksam zu bekämpfen, und insbesondere Kenntnis nehmend von der Rolle der G-8 in Bezug auf das 24/7-Netzwerk gegen Computerkriminalität zur Bekämpfung von kriminellen Handlungen im virtuellen Raum,
unter Hinweis auf die Ergebnisse der OSZE-Sondertagung über die Beziehung zwischen rassisti- scher, fremdenfeindlicher und antisemitistischer Propaganda im Internet und Hassdelikten (15. und 16. Juni 2004 in Paris) sowie auf die Ergebnisse des OSZE-Expertenworkshops über die Bekämp- fung der Nutzung des Internets für terroristische Zwecke (13. und 14. Oktober 2005 in Wien), auf den OSZE/Europarat-Expertenworkshop „Verhütung des Terrorismus – der Kampf gegen Anstif- tung und damit verbundene terroristische Aktivitäten“ (19. und 20. Oktober 2006 in Wien) und auf die einschlägige Tätigkeit des Sekretariats und der Institutionen der OSZE, insbesondere des Beauftragten für Medienfreiheit und des BDIMR,
unter Berücksichtigung der unterschiedlichen nationalen Ansätze bei der Definition von „illega- lem“ und „anstößigem“ Inhalt sowie der unterschiedlichen Methoden im Umgang mit illegalem und anstößigem Inhalt im virtuellen Raum, wie etwa der möglichen Nutzung von Informationen aus dem Internetverkehr und -inhalt zur Schließung der Websites terroristischer Organisationen und ihrer Unterstützer,
in Sorge angesichts fortgesetzter Hacker-Angriffe, die zwar nicht terrorismusbezogen sind, jedoch vorhandenes Fachwissen in dem Bereich zeigen, das virtuelle terroristische Angriffe gegen Compu- tersysteme möglich erscheinen lässt, durch die die Arbeit lebenswichtiger Infrastrukturen, finan- zieller Institutionen oder anderer wichtiger Netzwerke beeinträchtigt werden kann,
1. beschließt, die Tätigkeit der OSZE und ihrer Teilnehmerstaaten zu verstärken, insbesondere durch die Intensivierung der internationalen Zusammenarbeit im Kampf gegen die Nutzung des Internets für terroristische Zwecke;
2. fordert die Teilnehmerstaaten auf, alle geeigneten Maßnahmen zum Schutz besonders wichti- ger Informationsinfrastrukturen und -netzwerke vor der Bedrohung durch Angriffe aus dem vir- tuellen Raum zu ergreifen;
3. fordert die Teilnehmerstaaten auf, den Beitritt zu bestehenden internationalen und regiona- len Rechtsakten, einschließlich der Übereinkommen des Europarats über Computerkriminalität
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(2001) bzw. über die Verhütung des Terrorismus (2005), zu erwägen und ihre Verpflichtungen aus diesen Dokumenten umzusetzen;
4. ermutigt die Teilnehmerstaaten, sich dem 24/7-Netzwerk gegen Computerkriminalität der G-8 anzuschließen und geeignete Kontaktstellen/Kontaktpersonen für dieses Netzwerk zu benennen, um die internationale Zusammenarbeit im Bereich der Strafverfolgung im Kampf gegen den ver- brecherischen Missbrauch des virtuellen Raums und bei Straftaten, für die elektronische Beweis- mittel vorliegen, gegebenenfalls zu straffen;
5. fordert die Teilnehmerstaaten auf, wenn sie ersucht werden, sich mit Inhalten auseinanderzuset- zen, die nach ihren innerstaatlichen Rechtsvorschriften unrechtmäßig sind und ihrer Gerichtsbar- keit unterstehen, alle geeigneten Maßnahmen gegen solche Inhalte zu ergreifen und mit anderen interessierten Staaten im Einklang mit ihren innerstaatlichen Rechtsvorschriften und der Rechts- staatlichkeit sowie im Sinne ihrer völkerrechtlichen Verpflichtungen, einschließlich internationa- ler Menschenrechtsnormen, zusammenzuarbeiten;
6. ersucht die Teilnehmerstaaten, ihre Überwachung von Websites terroristischer bzw. gewalt- tätiger extremistischer Organisationen und von deren Unterstützern zu verstärken und ihren Informationsaustausch in der OSZE und in anderen einschlägigen Foren über die Nutzung des Internets für terroristische Zwecke und über Maßnahmen zu deren Bekämpfung im Einklang mit ihren jeweiligen innerstaatlichen Rechtsvorschriften zu verstärken und gleichzeitig dafür zu sor- gen, dass internationale menschenrechtliche Verpflichtungen und Standards, einschließlich jener in Bezug auf das Recht auf Privatsphäre, Meinungsfreiheit und freie Meinungsäußerung, sowie die Rechtsstaatlichkeit geachtet werden. Doppelgleisig- keiten mit laufenden Aktivitäten in ande- ren internationalen Foren sollten vermieden werden;
7. empfiehlt den Teilnehmerstaaten, die Möglichkeit einer aktiveren Einbeziehung zivilgesellschaft- licher Einrichtungen und des Privatsektors in die Verhütung und Bekämpfung der Nutzung des Internets für terroristische Zwecke zu prüfen;
8. ermutigt die Teilnehmerstaaten, an der im Mai 2007 in Wien stattfindenden „Politischen Konfe- renz der OSZE über Partnerschaften zwischen dem öffentlichen und dem privaten Sektor im Kampf gegen den Terrorismus“ teilzunehmen, die sich mit der wichtigen Rolle des privaten Sektors, ein- schließlich Wirtschaft, Zivilgesellschaft und Medien, bei der Zusammenarbeit mit der Regierung zur Verhütung und Bekämpfung des Terrorismus auseinandersetzen wird;
9. beauftragt den Generalsekretär, den Informationsaustausch über die Bedrohung durch die Nutzung des Internets für terroristische Zwecke, einschließlich der Anstiftung, Anwerbung, Mit- telbeschaffung, Ausbildung, Ausrichtung und Planung terroristischer Handlungen, sowie über gesetzgeberische und andere Maßnahmen zur Abwendung dieser Bedrohung insbesondere über das OSZE-Antiterrornetzwerk zu fördern.
Beschluss Nr. 13/06
Bekämpfung von Intoleranz und Diskriminierung und Förderung der gegenseitigen Achtung und des Verständnisses füreinander
Der Ministerrat,
daran erinnernd, dass die Achtung der Menschenrechte und Grundfreiheiten sowie der Demokratie und Rechtsstaatlichkeit zum Kernbereich des umfassenden Sicherheitskonzepts der OSZE gehört,
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in Anbetracht der Tatsache, dass Äußerungen von Diskriminierung und Intoleranz die Sicherheit der Menschen und den gesellschaftlichen Zusammenhalt gefährden und Konflikt und Gewalt in größerem Umfang auslösen können,
in der Erkenntnis, dass die Förderung einer Kultur der gegenseitigen Achtung, des Verständnisses füreinander und der Gleichberechtigung sowie das Streben nach gleichen Chancen im Hinblick auf eine wirksame Mitbestimmung in einer demokratischen Gesellschaft einen systematischen, umfassenden und langfristigen Ansatz erfordert,
in großer Sorge über den rassistischen, fremdenfeindlichen und diskriminierenden öffentlichen Diskurs,
in Bekräftigung der Notwendigkeit, dass die Teilnehmerstaaten mit Entschlossenheit gegen alle Handlungen und Äußerungen des Hasses einschließlich Hassdelikten vorgehen müssen, in der Erkenntnis, dass die zu deren Bewältigung erforderlichen Bemühungen häufig einen gemeinsa- men Ansatz erfordern, zugleich aber auch in Anerkennung der Eigenständigkeit dieser Äußerun- gen und des historischen Hintergrunds aller ihrer Ausdrucksformen,
unter Hinweis auf seine Verpflichtungen auf dem Gebiet der Toleranz und Nichtdiskriminie- rung aus der Schlussakte von Helsinki 1975, der Charta von Paris für ein neues Europa 1990, dem Dokument des Krakauer Symposiums über das kulturelle Erbe der KSZE-Teilnehmerstaa- ten 1991, der Europäischen Sicherheitscharta 1999 sowie den Beschlüssen des OSZE-Ministerrats von Porto (MC(10). DEC/6), von Maastricht (MC.DEC/4/03), von Sofia (MC.DEC/12/04) und von Laibach (MC.DEC/10/05),
unter Hinweis auf den zunehmenden Stellenwert, den die OSZE der Bekämpfung von Intoleranz und Diskriminierung und der Förderung der gegenseitigen Achtung und des Verständnisses fürei- nander beimisst, was in den folgenden Veranstaltungen zum Ausdruck kam: den Wiener Konferen- zen 2003 über Antisemitismus bzw. über Rassismus, Fremdenfeindlichkeit und Diskriminierung, der Berliner Antisemitismus-Konferenz vom April 2004, dem Pariser Treffen vom Juni 2004 über die Zusammenhänge zwischen rassistischer, fremdenfeindlicher und antisemitischer Propaganda im Internet und Hassdelikten, der Brüsseler Konferenz vom September 2004 über Toleranz und den Kampf gegen Rassismus, Fremdenfeindlichkeit und Diskriminierung sowie der Konferenz von Cordoba vom Juni 2005 über Antisemitismus und andere Formen der Intoleranz, sowie unter Hinweis auf die Ergebnisse dieser Konferenzen,
in Bekräftigung seiner Entschlossenheit, die bestehenden OSZE-Verpflichtungen in den Bereichen Toleranz und Nichtdiskriminierung umzusetzen und in Anbetracht des Beitrags der toleranzbe- zogenen, umsetzungsorientierten Fachtreffen des Jahres 2006 zur Verständigung zwischen ver- schiedenen Kulturen, Konfessionen und Ethnien (Almaty), zur Bildung, deren Ziel die Förderung der gegenseitigen Achtung und des Verständnisses füreinander und die Belehrung über den Holo- caust ist (Dubrovnik), und zur Datensammlung über Hassdelikte (Wien),
in Anerkennung der Arbeit der drei Persönlichen Beauftragten des Amtierenden Vorsitzenden zur Unterstützung der Gesamtbemühungen der OSZE zur Bekämpfung von Intoleranz und Dis- kriminierung und mit dem Wunsch nach einer Überprüfung ihres Beitrags zu den Gesamtbe- mühungen im Laufe des Jahres 2007 durch den Amtierenden Vorsitzenden in Absprache mit den Teilnehmerstaaten,
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in Kenntnis der wesentlichen Rolle, die der Zivilgesellschaft bei der Bekämpfung von Intoleranz und Diskriminierung und der Förderung der gegenseitigen Achtung und des Verständnisses für- einander zukommen kann,
bestürzt über den Zulauf, den gewaltbereite politische Parteien, Bewegungen und Gruppen erhalten,
in diesem Zusammenhang auch besorgt über die gewalttätigen Äußerungen von Extremismus in Verbindung mit Rassismus, Fremdenfeindlichkeit, Antisemitismus, aggressivem Nationalismus und Neonazismus,
unter Hinweis auf den Beitrag der OSZE zur Initiative der Vereinten Nationen „Allianz der Zivi- lisationen“ mit dem Ziel, zur Förderung der gegenseitigen Achtung und des Verständnisses fürei- nander den kollektiven politischen Willen zu schmieden und den Anstoß zu einvernehmlichem Handeln auf Ebene der Institutionen und der Zivilgesellschaft zu geben, sowie in Kenntnis des vom Generalsekretär der Vereinten Nationen am 13. November 2006 in Istanbul vorgelegten Berichts der hochrangigen Gruppe, dessen Ziel die Einrichtung von Partnerschaften zwischen internatio- nalen Organisationen unter der Schirmherrschaft der Vereinten Nationen ist, die sich gemeinsam den Zielen der „Allianz der Zivilisationen“ verschreiben,
1. beschließt, im Laufe des ersten Halbjahrs 2007 als Folgeveranstaltung zur Konferenz von Cor- doba 2005 über Antisemitismus und andere Formen der Intoleranz eine hochrangige Konferenz gegen Diskriminierung und für gegenseitige Achtung und Verständigung einzuberufen, und begrüßt das Angebot Rumäniens, diese Konferenz als Gastgeber auszurichten;
2. beauftragt den Ständigen Rat, zu überlegen, auf welche Weise die Wirksamkeit, Konsequenz und Kontinuität im Einsatz der OSZE gegen Intoleranz und Diskriminierung und für gegensei- tige Achtung und das Verständnis füreinander ab 2007 im Hinblick auf eine wirksamere Umset- zung der Verpflichtungen verstärkt werden können;
3. ermutigt die Teilnehmerstaaten dazu, den positiven Beitrag anzuerkennen, den alle Menschen zu einer harmonischen pluralistischen Gesellschaft leisten können, indem sie Politiken fördern, in deren Mittelpunkt Chancengleichheit, Rechte, der Zugang zur Justiz und zu öffentlichen Dienst- leistungen sowie die Begünstigung des Dialogs und einer wirksamen Mitbestimmung stehen;
4. verpflichtet sich dazu, das Bewusstsein für den Wert kultureller und religiöser Vielfalt als Quelle der gegenseitigen Bereicherung von Gesellschaften zu schärfen und die Bedeutung der Integra- tion in Bezug auf kulturelle und religiöse Vielfalt als Schlüsselelement zur Förderung gegenseiti- ger Achtung und des Verständnisses füreinander anzuerkennen;
5. ruft die Teilnehmerstaaten dazu auf, auf die eigentlichen Ursachen von Intoleranz und Diskri- minierung einzugehen, indem sie zur Entwicklung einer umfassenden innerstaatlichen Bildungs- politik und -strategie ermutigen und verstärkte bewusstseinsbildende Maßnahmen setzen, die: • besseres Verständnis und Achtung für unterschiedliche Kulturen, Volkszugehörigkeiten, Reli- gionen bzw. Überzeugungen fördern; • auf die Verhütung von Intoleranz und Diskriminierung, einschließlich gegen Christen, Juden, Muslime und Angehörige anderer Religionen, abzielen; • die Erinnerung an die Tragödie des Holocaust sowie an andere Fälle von Völkermord, die gemäß dem Übereinkommen von 1948 über die Verhütung und Bestrafung des Völkermords als sol- che anerkannt sind, und an Verbrechen gegen die Menschlichkeit sowie die Aufklärung darü- ber fördern;
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6. anerkennt den wichtigen Beitrag, den die Jugend bei der Bekämpfung von Intoleranz und Dis- kriminierung einbringen kann, und ermutigt zur Fortsetzung und Weiterentwicklung von nach- ahmenswerten Aktivitäten wie einer in jungen Jahren ansetzenden Menschenrechtserziehung in der gesamten OSZE-Region und der Organisation einer OSZE-Jugendveranstaltung im Jahr 2007, die – zur Vermeidung von Doppelgleisigkeiten – auf der Erfahrung und Expertise anderer ein- schlägiger internationaler und regionaler Organisationen in diesem Bereich aufbaut;
7. beschließt, den Aufbau von Kapazitäten von Strafverfolgungsbehörden durch Ausbildung und die Ausarbeitung von Leitlinien in Bezug auf die wirksamsten und bewährtesten Methoden gegen von Vorurteilen ausgelöste Straftaten zu fördern, ein positives Zusammenwirken zwischen Polizei und Opfern zu intensivieren und Opfer dazu zu ermutigen, Hassdelikte anzuzeigen, zum Beispiel durch die Ausbildung von Beamten, die an vorderster Front tätig sind, durch die Verwirklichung von öffentlichkeitswirksamen Programmen zur Verbesserung der Beziehungen zwischen Polizei und Öffentlichkeit und durch eine Schulung für die Weiterleitung der Opfer an Hilfs- und Schutz- einrichtungen;
8. beklagt den rassistischen, fremdenfeindlichen und diskriminierenden öffentlichen Diskurs und betont, dass politische Vertreter bei der Förderung der gegenseitigen Achtung und des Verständnis füreinander ganz generell eine positive Rolle spielen und wesentlich auf den Abbau von Spannun- gen in der Gesellschaft Einfluss nehmen können, indem sie gegen durch Hass motivierte Hand- lungen und Vorfälle Stellung nehmen und die positiven Beiträge würdigen, die alle Menschen zu einer harmonischen pluralistischen Gesellschaft leisten können;
9. anerkennt die wesentliche Rolle, die freie und unabhängige Medien in demokratischen Gesell- schaften spielen können, und den großen Einfluss, den sie durch die Bekämpfung oder die Verstär- kung von verzerrten Wahrnehmungen und Vorurteilen ausüben können, und ermutigt in diesem Sinne zur Annahme freiwilliger professioneller Standards durch Journalisten, zur Medienselbst- kontrolle und zu anderen geeigneten Mechanismen, die für mehr Professionalität, größere Genau- igkeit und verbesserte Einhaltung ethischer Standards durch Journalisten sorgen sollen;
10. unterstreicht, wie wichtig es ist, dass Staaten einen verlässlichen rechtlichen Rahmen in Kraft setzen, der für Gleichheit vor dem Gesetz und angemessenen Schutz durch die Gerichte sorgt, und strategische Politiken und Pläne verfolgen, die Nichtdiskriminierung und Chancengleich- heit erleichtern;
11. ermutigt die Teilnehmerstaaten dazu, ihre Bemühungen zur Umsetzung ihrer Verpflichtungen in Bezug auf die Erhebung und Führung verlässlicher Informationen und Statistiken über Hass- delikte, die für eine wirksame Politik und entsprechende Ressourcenzuteilung zur Bekämpfung von durch Hass motivierten Vorfällen wesentlich sind, zu verstärken, und lädt die Teilnehmer- staaten in diesem Zusammenhang auch ein, die Entwicklung von Kapazitäten der Zivilgesellschaft zu erleichtern, damit diese zur Überwachung und Berichterstattung über durch Hass motivierte Vorfälle beitragen und Opfern von Hassdelikten Hilfestellung leisten kann;
12. beschließt, dass sich die Teilnehmerstaaten aktiver für die Ermutigung zu zivilgesellschaft- lichen Aktivitäten in Form von wirksamen Partnerschaften und durch einen verstärkten Dialog und stärkere Zusammenarbeit zwischen Zivilgesellschaft und staatlichen Behörden im Bereich der Förderung der gegenseitigen Achtung und des Verständnisses füreinander, der Chancengleichheit und der Integration aller in eine Gesellschaft sowie der Bekämpfung von Intoleranz einschließ- lich durch, wo angebracht, die Schaffung lokaler, regionaler oder nationaler Konsultationsmecha- nismen, einsetzen sollten;
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13. ermutigt die Durchführungsorgane der OSZE im Rahmen ihres jeweiligen Mandats dazu, Ele- mente der Bekämpfung von Intoleranz und Diskriminierung und der Förderung der gegenseiti- gen Achtung und des Verständnisses füreinander in ihre laufenden und künftigen Aktivitäten in der gesamten OSZE-Region einzubauen;
14. ermutigt das Büro für demokratische Institutionen und Menschenrechte (BDIMR), auf Grund- lage bestehender Verpflichtungen und unter anderem durch Zusammenarbeit mit einschlägigen Durchführungsorganen der OSZE: (a) die Arbeit ihres Programms für Toleranz und Nichtdiskriminierung, insbesondere dessen Hilfsprogramme, weiter zu verstärken, um die Teilnehmerstaaten auf Ersuchen bei der Umset- zung ihrer Verpflichtungen zu unterstützen; (b) die Arbeit des Expertenbeirats des BDIMR für Religions- und Überzeugungsfreiheit durch die Bereitstellung von Unterstützung und Expertenhilfe für die Teilnehmerstaaten weiter zu stärken; (c) seine enge Zusammenarbeit mit anderen einschlägigen zwischenstaatlichen Behörden und der Zivilgesellschaft im Bereich der Förderung der gegenseitigen Achtung und des gegenseitigen Ver- ständnisses fortzusetzen und Intoleranz und Diskriminierung unter anderem durch die Erhebung von Informationen über Hassdelikte zu bekämpfen; (d) weiterhin als Sammelstelle für von den Teilnehmerstaaten übermittelte Informationen und Sta- tistiken über Hassdelikte und einschlägige Rechtsvorschriften zu fungieren, und diese Informatio nen durch sein Informationssystem für Toleranz und Nichtdiskriminierung sowie durch seinen Bericht über Herausforderungen und Reaktionen auf durch Hass motivierte Vorfälle in der OSZE- Region öffentlich zugänglich zu machen; (e) im Rahmen vorhandener Ressourcen seine Frühwarnfunktion zu verstärken, um durch Hass motivierte Vorfälle und Entwicklungen zu erheben, darüber zu berichten, das Bewusstsein dafür zu schärfen und den Teilnehmerstaaten in den Bereichen, in denen angemessenere Reaktionen notwendig sind, auf Ersuchen Empfehlungen zu erteilen und Hilfestellung zu leisten;
15. ermutigt den Beauftragten für Medienfreiheit, im Rahmen der verfügbaren Ressourcen die Prüfung nachahmenswerter Methoden in Bezug auf seine Kompetenz zur Bekämpfung von Into- leranz zu erwägen;
16. erwartet mit Interesse die Maßnahmen der Vereinten Nationen im Anschluss an den Bericht der hochrangigen Planungsgruppe der Initiative „Allianz der Zivilisationen“ im Hinblick auf die Prüfung eines entsprechenden OSZE-Beitrags zu dessen Umsetzung.
Beschluss Nr. 14/06
Verstärkung der Bemühungen zur Bekämpfung des Menschenhandels, einschließlich der Ausbeutung von Arbeitskräften, durch einen umfassenden und aktiven Ansatz
Der Ministerrat,
ernsthaft besorgt, dass alle Formen des Menschenhandels trotz verstärkter nationaler und inter- nationaler Bemühungen zur Bekämpfung dieses Phänomens in der OSZE-Region und darüber hinaus nach wie vor weit verbreitet sind,
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in der Erwägung, dass der Menschenhandel ein schwerwiegendes und abscheuliches Verbrechen ist, das die menschliche Würde verletzt und die Ausübung der Menschenrechte und Grundfrei- heiten infrage stellt und das die Bildung organisierter krimineller Netzwerke fördert,
in der Erkenntnis, dass gegebenenfalls die Polizeiarbeit, die strafrechtliche Verfolgung der Täter, der Schutz, die Rehabilitation, Integration und Wiedereingliederung der Opfer, einschließlich ihres wirksamen Zugangs zu den Gerichten, sowie die Verhütung, einschließlich von Maßnahmen auf der Nachfrageseite, wichtige Aspekte in der wirksamen Bekämpfung des Menschenhandels sind,
unterstreichend, dass angesichts der Komplexität des Menschenhandels ein dimensionsübergrei- fendes Vorgehen zahlreicher Akteure notwendig ist, das auf nationaler, regionaler und internatio naler Ebene koordiniert werden sollte,
erneut die Unterstützung der Teilnehmerstaaten für die Ratifikation und Umsetzung des Überein- kommens der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität (Über- einkommen von Palermo) und dessen Zusatzprotokoll zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, erklärend,
in Bekräftigung der Wichtigkeit des OSZE-Aktionsplans zur Bekämpfung des Menschenhandels einschließlich seines Zusatzes betreffend die Berücksichtigung der besonderen Schutz- und Hilfs- bedürftigkeit der Opfer von Kinderhandel, dem der Ministerrat von Laibach 2005 zugestimmt hat, sowie von dessen Umsetzung durch die Teilnehmerstaaten,
Kenntnis nehmend vom Ergebnis der Konferenz über Menschenhandel für die Zwecke der Aus- beutung von Arbeitskräften/Zwangsarbeit und Zwangsdienstbarkeit, die strafrechtliche Verfol- gung der Täter und Gerechtigkeit für die Opfer vom November 2006,
unter Hinweis auf den Internationalen Pakt über wirtschaftliche, soziale und kulturelle Rechte, insbesondere die Artikel 6 und 7 über das Recht auf Arbeit und auf gerechte und günstige Arbeits- bedingungen,
1. ruft die Teilnehmerstaaten dazu auf, sich auf hoher politischer Ebene gemeinsam mit der Son- derbeauftragten für die Bekämpfung des Menschenhandels um die Umsetzung der OSZE-Ver- pflichtungen zur Bekämpfung des Menschenhandels zu bemühen;
2. fordert die Teilnehmerstaaten eindringlich auf, einen umfassenden Ansatz zur Bekämpfung aller Formen von Menschenhandel durch nationale, regionale und internationale Vereinbarun- gen, Kooperationen und Koordination zwischen Strafverfolgungsbeamten, Arbeitsinspektoraten, Abteilungen für sozialen Schutz, medizinischen Einrichtungen, Zuwanderungs- und Grenzbe- amten, Organisationen der Zivilgesellschaft, der Opferfürsorge und der Wirtschaft sowie ande- ren einschlägigen Akteuren zu fördern, einschließlich eines geschlechtsspezifischen Ansatzes. Zu diesem Zweck wird den Teilnehmerstaaten empfohlen, nationale Leitstellen einzurichten und natio- nale Koordinatoren zu bestellen;
3. fordert die Teilnehmerstaaten eindringlich auf, mit Unterstützung der OSZE-Organe und -Ins- titutionen, wenn darum ersucht wird, die Forschung und das System zur Sammlung und Analyse von Daten unter gebührender Berücksichtigung des vertraulichen Charakters der Daten zu ver- bessern und die Statistiken wo immer möglich nach Geschlecht, Alter und gegebenenfalls ande- ren einschlägigen Faktoren zu gliedern, um Art und Umfang des Problems besser einschätzen und wirksame und zielgerichtete politische Maßnahmen gegen den Menschenhandel entwickeln
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zu können. Zu diesem Zweck wird den Teilnehmerstaaten empfohlen, die Bestellung nationaler Berichterstatter oder ähnlicher unabhängiger Überwachungsmechanismen in Erwägung zu ziehen;
4. fordert die Teilnehmerstaaten eindringlich auf, gegebenenfalls in Zusammenarbeit mit interna- tionalen Organisationen und NROs danach zu trachten, das Risiko heimgekehrter Opfer, neuerlich Opfer von Menschenhandel zu werden, zu verringern, indem sie sich insbesondere mit Faktoren aus- einandersetzen, die Menschen zu leichten Opfern von Menschenhandel machen, darunter Armut, Diskriminierung, der fehlende Zugang zu Bildung und wirtschaftlichen Chancen, sexueller Miss- brauch und häusliche Gewalt, und indem sie Risikoabschätzungen vornehmen, um zu gewähr- leisten, dass die Rückkehr der Opfer unter gebührender Bedachtnahme auf ihre Sicherheit erfolgt;
5. unterstreicht die Wichtigkeit, Opfern von Menschenhandel einen wirksamen Zugang zur Justiz zu bieten, auch in den Bereichen der Beratung und Information über ihre gesetzlichen Rechte in einer ihnen verständlichen Sprache, und ihnen die Möglichkeit zu geben, für erlittenen Schaden entschädigt zu werden, und ruft die Teilnehmerstaaten auf, ihren Verpflichtungen aus den ein- schlägigen Bestimmungen des Übereinkommens der Vereinten Nationen gegen die grenzüber- schreitende organisierte Kriminalität (Übereinkommen von Palermo) und von dessen Protokoll zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, nachzukommen;
6. ermutigt die Teilnehmerstaaten, den Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften aktiver zu bekämpfen, indem sie unter anderem: (a) sicherstellen, dass ihre innerstaatlichen strafrechtlichen Bestimmungen gegen den Menschen- handel für die Zwecke der Ausbeutung von Arbeitskräften im Einklang mit dem Protokoll der Vereinten Nationen zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbe- sondere des Frauen- und Kinderhandels, in Ergänzung des Übereinkommens der Vereinten Natio nen gegen die grenzüberschreitende organisierte Kriminalität, stehen. Zu diesem Zweck werden die Teilnehmerstaaten ermutigt sicherzustellen, dass solche Straftaten entsprechend aufgedeckt und verfolgt werden; (b) sicherstellen, dass ihr Arbeitsrecht Mindestarbeitsnormen vorsieht und dass ihre arbeitsrecht- lichen Bestimmungen durchgesetzt werden, damit das Potenzial für Menschenhandel für die Zwe- cke der Ausbeutung von Arbeitskräften verringert wird; (c) Schulungsprogramme für einschlägig befasste Bedienstete durchführen, sowie für andere Per- sonen, von denen anzunehmen ist, dass sie mit mutmaßlichen Opfern von Menschenhandel in Kontakt kommen, etwa Mitarbeiter des Gesundheitswesens, Sozialarbeiter, Arbeitsinspektoren und andere, um deren Fähigkeit zur Identifizierung von Opfern des Menschenhandels und zu deren Weiterleitung an Hilfs- und Schutzdienste zu verbessern; (d) sicherstellen, dass Informationskampagnen zur Aufklärung über den Menschenhandel nicht zu einer weiteren Stigmatisierung gefährdeter Gruppen beitragen, durch die sie gegebenenfalls weiteren Menschenrechtsverletzungen ausgesetzt sein könnten; (e) Outreach-Strategien fördern, unter anderem in Zusammenarbeit mit einschlägigen NROs, mit deren Hilfe Migrantengemeinschaften und Personen, die in Billiglohn- und besonders anfälligen Sektoren wie Landwirtschaft, Bauwesen, Bekleidungsindustrie oder Gastgewerbe oder als Hausbe- dienstete arbeiten, über Menschenhandel informiert werden, mit dem Ziel, den Zugang der Opfer zu Unterstützung und zur Justiz zu verbessern, und Personen mit Informationen über mögliche Fälle von Menschenhandel dazu zu ermutigen, Opfer an solche Unterstützungsdienste zu verweisen und bei entsprechenden Behörden zwecks Untersuchung Meldung zu machen, wenn die begrün- dete Vermutung besteht, dass eine Straftat vorliegt;
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(f) fortschrittliche Ermittlungsmethoden entwickeln und einsetzen, insbesondere zur Aufdeckung und Verfolgung von Fällen von Menschenhandel, ohne sich dabei ausschließlich auf die Aussagen von Opfern stützen zu müssen; (g) moderne operative bewährte Praktiken in den polizeilichen Ermittlungen in Fällen von Men- schenhandel zum Zwecke der Ausbeutung von Arbeitskräften weitergeben und sicherstellen, dass Polizeibeamte, die in Fällen von Menschenhandel ermitteln, regelmäßige Kontakte mit ihren Amts- kollegen in anderen Dienststellen haben, die gegebenenfalls für Ermittlungen in Bezug auf Arbeits- bedingungen zuständig sind, und bei der Identifizierung von Opfern des Menschenhandels für die Zwecke der Ausbeutung von Arbeitskräften und bei deren Schutz multidisziplinär vorgehen;
7. beauftragt den Ständigen Rat, Möglichkeiten der weiteren Verstärkung der Bemühungen zur Bekämpfung des Menschenhandels zu prüfen, auch von Menschenhandel für die Zwecke der Aus- beutung von Arbeitskräften, unter Berücksichtigung der einschlägigen OSZE-Verpflichtungen, des Aktionsplans für die Bekämpfung des Menschenhandels und der Ergebnisse der Konferenz vom November 2006 über den Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften, Zwangsarbeit und Zwangsdienstbarkeit, Verfolgung der Täter und Gerechtigkeit für die Opfer.
Beschluss Nr. 15/06
Bekämpfung der sexuellen Ausbeutung von Kindern
Der Ministerrat,
in der Erkenntnis, dass die sexuelle Ausbeutung von Kindern im OSZE-Raum und außerhalb der Region ein schwerwiegendes und weit verbreitetes Problem darstellt, mit vielfältigen, miteinander verbundenen Erscheinungsformen der sexuellen Ausbeutung von Kindern, einschließlich Prosti- tution, Kinderpornographie, Kinderhandel für die Zwecke der sexuellen Ausbeutung, Sextouris- mus und Zwangsverheiratung von Kindern,
in der Erkenntnis, dass die sexuelle Ausbeutung von Kindern die menschliche Würde verletzt und die Wahrnehmung der Menschenrechte und Grundfreiheiten in Frage stellt,
in der Erwägung, dass die sexuelle Ausbeutung von Kindern ein schwerwiegendes und abscheu- liches Verbrechen ist, in vielen Fällen verbunden mit organisierter Kriminalität, das mit allen verfügbaren Mitteln verhindert, untersucht, strafrechtlich verfolgt und geahndet werden muss,
die Notwendigkeit betonend, sich mit den zahlreichen Faktoren auseinanderzusetzen, die Kin- der anfällig für sexuelle Ausbeutung machen können, darunter das Wohlstandsgefälle, fehlender Zugang zu Bildung sowie Diskriminierung, einschließlich geschlechtsspezifischer Diskriminie- rung, ebenso wie die Notwendigkeit, die Nachfrage nach Kinderpornographie und Sextourismus zu bekämpfen und Straftaten dieser Art zu verhindern,
in der Erwägung, dass die sexuelle Ausbeutung von Kindern durch den Einsatz neuer Technolo- gien wie dem Internet zunimmt und sich weiter ausbreitet,
in Bekräftigung aller einschlägigen OSZE-Verpflichtungen,
Kenntnis nehmend von der Entschließung über die Bekämpfung des Kinderhandels und der Aus- beutung von Kindern in der Pornographie, die von der Parlamentarischen Versammlung der OSZE auf ihrer 15. Jahrestagung in Brüssel verabschiedet wurde,
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eingedenk der einschlägigen Bestimmungen der internationalen Übereinkommen zu dieser Frage, darunter die Konvention der Vereinten Nationen über die Rechte des Kindes samt Fakultativproto- koll betreffend den Verkauf von Kindern, die Kinderprostitution und die Kinderpornographie und das Zusatzprotokoll zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbeson- dere des Frauen- und Kinderhandels, in Ergänzung zum Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität, sowie der Beschlüsse und Empfehlun- gen einschlägiger internationaler Gremien,
unter Berücksichtigung der Bestimmungen des Übereinkommens des Europarats über Compu- terkriminalität (2001) betreffend die Kinderpornographie,
unter Hinweis auf die Erklärung und den Aktionsplan des Ersten Weltkongresses gegen kommerzi- elle sexuelle Ausbeutung von Kindern, der 1996 in Schweden stattfand, und auf das „Global Com- mitment“ von Yokohama, das auf dem Zweiten Weltkongress 2001 in Japan verabschiedet wurde,
Kenntnis nehmend von den Empfehlungen in der Untersuchung des Generalsekretärs der Vereinten Nationen über Gewalt an Kindern* sowie von der Arbeit des Sonderberichterstatters der Verein- ten Nationen über den Verkauf von Kindern, die Kinderprostitution und die Kinderpornographie,
1. verurteilt die sexuelle Ausbeutung von Kindern in all ihren Formen, unter anderem: (a) durch Kinderprostitution und Kinderpornographie, etwa durch das Anbieten, Beschaffen, Ver- mitteln, Bereitstellen oder Anwerben eines Kindes für diese Zwecke oder durch die Erlangung von Vorteilen aus der Ausbeutung eines Kindes für diese Zwecke; (b) wenn im Austausch gegen sexuelle Handlungen Zwang, Gewalt, Betrug oder Bedrohung, Ver- trauensmissbrauch, Verfügungsgewalt über oder Einfluss auf ein Kind ausgeübt bzw. eingesetzt wird oder Geld oder andere Formen der Entschädigung/ Gefälligkeit angeboten oder geleistet wer- den, auch in Zeiten des bewaffneten Konflikts oder in der Zeit nach Konflikten; (c) das Herstellen, Vertreiben, Verbreiten oder Weiterleiten, das Anbieten oder in anderer Weise Verfügbarmachen jeder Form von Kinderpornographie (über Computersysteme, das Internet oder andere Mittel); (d) der vorsätzliche Erwerb und Besitz von Kinderpornographie; (e) Kinderhandel zum Zweck der sexuellen Ausbeutung;
2. ruft die Teilnehmerstaaten auf, ihre Rechtsvorschriften zu dieser Frage an ihre einschlägigen völkerrechtlichen und anderen Verpflichtungen anzupassen;
3. fordert die Teilnehmerstaaten eindringlich auf, im Umgang mit dem Problem der sexuellen Aus- beutung von Kindern einen ganzheitlichen Ansatz zu wählen, der sich auch mit den tieferen Ursa- chen und beitragenden Faktoren auseinandersetzt, darunter die Nachfrage, die alle Formen von sexueller Ausbeutung von Kindern begünstigt, und umfassende und aktive Strategien und Maß- nahmen zur Verhütung und Bekämpfung der sexuellen Ausbeutung von Kindern zu entwickeln;
4. fordert die Teilnehmerstaaten mit Nachdruck dazu auf, alle gesetzgeberischen Maßnahmen zur strafrechtlichen Ahndung der sexuellen Ausbeutung von Kindern zu treffen und wirksame,
* Generalversammlung der Vereinten Nationen, A/61/299, verteilt am 29. August 2006. Der Bericht des Gene- ralsekretärs über Gewalt an Kindern wurde am 11. Oktober 2006 vom unabhängigen Experten Paulo Sergio Pinheiro (http://www.violencestudy.org/) dem Dritten Ausschuss der Generalversammlung (http://www.vio- lencestudy.org) vorgelegt.
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verhältnismäßige und abschreckende Strafen vorzusehen; ermutigt diesbezüglich die Teilnehmer- staaten, gesetzgeberische Maßnahmen zu prüfen, die es ihnen gestatten würden, ihre Staatsbür- ger wegen schwerer sexueller Vergehen an Kindern strafrechtlich zu verfolgen, auch dann, wenn diese Straftaten in einem anderen Land verübt wurden;
5. ruft die Teilnehmerstaaten auf, die Strafverfolgungsbehörden besser in die Lage zu versetzen, Straftäter entschlossen auszuforschen und strafrechtlich zu verfolgen;
6. ruft die Teilnehmerstaaten dazu auf, Programme für den Rechtsschutz, die Unterstützung, ent- sprechende medizinische Betreuung, die Rehabilitation und die Wiedereingliederung von Kin- dern, die Opfer von sexueller Ausbeutung wurden, zu erleichtern und, wo angezeigt, für die sichere Rückkehr von Kindern, die Opfer von Menschenhandel waren, zu sorgen;
7. appelliert an die Teilnehmerstaaten, auf allen Ebenen der Gesellschaft Aufklärungsarbeit über das Problem der sexuellen Ausbeutung von Kindern zu leisten;
8. legt den Teilnehmerstaaten nahe, unter gebührender Berücksichtigung der Vertraulichkeit per- sönlicher Daten kompatible und austauschbare Datenregistrierungssysteme speziell zu Fragen der sexuellen Ausbeutung von Kindern zu entwickeln und umfassende Datensammlungsmechanis- men und Forschung über die sexuelle Ausbeutung von Kindern zu fördern;
9. unterstützt Maßnahmen der Teilnehmerstaaten, die diese in Zusammenarbeit mit Nichtregie- rungsorganisationen (NROs) und geeigneten Vertretern maßgeblicher Wirtschaftssektoren wie der Reisebranche, des Gast- und Hotelgewerbes oder der Medienwirtschaft treffen, um gegen die Nachfrage nach sexueller Ausbeutung von Kindern vorzugehen;
10. fordert eindringlich zu einer intensiveren Zusammenarbeit zwischen den Teilnehmerstaaten bei der Ausforschung, Untersuchung, strafrechtlichen Verfolgung und Bestrafung jener Personen auf, die für die sexuelle Ausbeutung von Kindern verantwortlich sind;
11. empfiehlt, dass die Teilnehmerstaaten Schulungsprogramme zur Frage der sexuellen Ausbeu- tung von Kindern für Mitarbeiter – unter anderem jene in den Bereichen Justiz, Polizei, Fremden- verkehr, Verkehrswesen, Sozialarbeit, Gesundheitswesen, Zivilgesellschaft, religiöse Organisationen und Bildungsbereich – einrichten;
12. tritt dafür ein, dass die zuständigen Behörden in den Teilnehmerstaaten in Übereinstimmung mit den innerstaatlichen Datenschutzvorschriften mit Anbietern von Internetdiensten, Kreditkar- tenunternehmen, Banken und anderen Unternehmen sowie mit einschlägig tätigen NROs zusam- menarbeiten, um zu erreichen, dass Informationen über die sexuelle Ausbeutung von Kindern nachverfolgt und gemeldet werden können;
13. empfiehlt die Schaffung von Telefon- oder Internet-Hotlines, möglicherweise in Zusammenar- beit mit NROs, bei denen Fälle von sexueller Ausbeutung von Kindern vertraulich gemeldet wer- den können, damit die Strafverfolgungsbehörden diesen Meldungen nachgehen und die Opfer und ihre Familien entsprechende Unterstützung erhalten können;
14. nimmt Kenntnis von Initiativen der Zivilgesellschaft zur Bekämpfung der sexuellen Ausbeu- tung von Kindern, darunter der Verhaltenskodex der ECPAT (Arbeitsgemeinschaft zum Schutz der Kinder vor sexueller Ausbeutung) für den Schutz von Kindern vor sexueller Ausbeutung im Reise- und Fremdenverkehr;
327 Brüssel 2006
15. beauftragt die Durchführungsorgane der OSZE, im Rahmen ihrer bestehenden Mandate Mit- tel und Wege zu prüfen, wie für eine entsprechende Schulung und Aufklärung der OSZE-Mitar- beiter über das Problem der sexuellen Ausbeutung von Kindern gesorgt werden kann, wobei auf den Verhaltenskodex für OSZE-Mitarbeiter sowie auf die Dienstanweisung Nr. 11 über den Men- schenhandel Bedacht zu nehmen ist;
16. ermutigt die maßgeblichen Durchführungsorgane der OSZE, im Rahmen ihrer bestehenden Mandate ihr Augenmerk auf den Bereich der sexuellen Ausbeutung von Kindern zu richten, ein- schließlich ihrer Verbindungen zum Menschenhandel, und betont die Notwendigkeit, dass sie und die Teilnehmerstaaten bei der Bekämpfung der sexuellen Ausbeutung von Kindern mit anderen internationalen Organisationen, NROs und der Zivilgesellschaft zusammenarbeiten.
Beschluss Nr. 17/06
Verbesserung des Konsultationsprozeses
Der Ministerrat,
eingedenk des umfassenden Sicherheitsansatzes der OSZE, der die politischmilitärische Dimen- sion, die Wirtschafts- und Umweltdimension sowie die menschliche Dimension umfasst, unter gleichzeitiger Anerkennung der Notwendigkeit einer dimensionsübergreifenden Sichtweise sowohl im Hinblick auf den konzeptionellen Ansatz als auch auf die Programmaktivitäten
Kenntnis nehmend von der Empfehlung des Weisenrates, eine neue Ausschussstruktur einzuführen, durch die der Konsultations- und Beschlussfassungsprozess partizipativer, interaktiver und trans- parenter gestaltet und eine aktivere und wirksamere Einbeziehung aller Teilnehmerstaaten erreicht werden soll, und die Verantwortung für den partizipativen Prozess auf eine breitere Basis zu stellen,
unter Hinweis auf den Beschluss Nr. 17/05 des Ministerrats von Laibach über die Stärkung der Wirksamkeit der OSZE,
in Anerkennung der Notwendigkeit verbesserter Konsultationen und eines verbesserten Dialogs, auch im Hinblick auf die Vorbereitung der Debatten, Schlussfolgerungen und Beschlüsse im Stän- digen Rat,
im Bewusstsein der Zweckmäßigkeit, die Einsetzung von Arbeitsgruppen zu vermeiden und nicht zur Schaffung weiterer Gremien zu ermutigen,
in dem Wunsch, die Zusammenarbeit zu verstärken, neuen Sicherheitsbedrohungen wirksamer zu begegnen und einen umfassenden und wirksameren Rahmen für den politischen Dialog zwi- schen allen Teilnehmerstaaten zu bieten,
beschließt die Einrichtung folgender Ausschüsse als informelle nachgeordnete Gremien des Stän- digen Rates:
einen Sicherheitsausschuss (…)
einen Wirtschafts- und Umweltausschuss, in dem der bisherige Unterausschuss für Wirtschaft und Umwelt des Ständigen Rates aufgehen wird (…)
328 Brüssel 2006
einen Ausschuss zur menschlichen Dimension mit folgenden Aufgaben: • Erörterung von Fragen der menschlichen Dimension, einschließlich Umsetzung der Verpflich- tungen der Teilnehmerstaaten; • Unterstützung bei der Vorbereitung der Implementierungstreffen zur menschlichen Dimension und anderer Treffen zur menschlichen Dimension; • Behandlung dimensionsübergreifender Fragen mit besonderem Bezug zur menschlichen Dimen- sion auf Ersuchen des Vorsitzes und in Rücksprache mit den Teilnehmerstaaten; • Erörterung von Empfehlungen an den Ständigen Rat zum Arbeitsprogramm, einschließlich Maß- nahmen zur Nachbereitung von Empfehlungen, die auf den Treffen zur menschlichen Dimen- sion abgegeben wurden;
beschließt ferner, dass
zu Beginn jedes Jahres der Vorsitz in Absprache mit den Teilnehmerstaaten die Aufgaben der angeführten Ausschüsse näher ausführt und ein Arbeitsprogramm festlegt, das die Zielsetzungen und Prioritäten der Organisation sowie die Notwendigkeit berücksichtigt, für eine entsprechende Behandlung der zur Prüfung anstehenden dimensionsübergreifenden Fragen Sorge zu tragen. (…)
Die angeführten Ausschüsse werden informell zusammentreten und dem Ständigen Rat Bericht erstatten, ihn beraten, Empfehlungen an ihn richten und über den Vorbereitungsausschuss ein- schlägige Beschlüsse für den Ständigen Rat vorbereiten. Für die Arbeit der Ausschüsse gelten die einschlägigen Bestimmungen der OSZE-Geschäftsordnung, insbesondere Abschnitt V (A). (…)
In der Regel tritt jeder Ausschuss mindestens einmal im Monat zusammen. Auf Initiative des Vor- sitzes oder des Vorsitzenden des Ausschusses oder auf Ersuchen eines oder mehrerer Teilnehmer- staaten kann jeder Ausschuss so oft wie nötig zusammentreten, wenn Konsultationen notwendig sind oder Beschlussfassungen des Ständigen Rates vorbereitet werden müssen. Der Vorsitz und die Vorsitzenden der Ausschüsse werden es vermeiden, Sitzungen mehrerer informeller nachge- ordneter Gremien gleichzeitig anzusetzen.
Die Ausschüsse werden in ihren Zuständigkeitsbereich fallenden Fragen auf Ersuchen des Vorsit- zes, des Ständigen Rates oder eines oder mehrerer Teilnehmerstaaten prüfen.
Die Absätze 6 bis 9 von Abschnitt V (A) der OSZE-Geschäftsordnung gelten in derselben Weise für die Teilnahme an den Sitzungen der drei neu eingerichteten Ausschüsse wie für die Teilnahme an Sitzungen des Vorbereitungsausschusses.
Das Sekretariat der OSZE wird die Tätigkeit der Ausschüsse unterstützen.
Dieser Beschluss gilt ab 1. Januar 2007 für die Dauer eines Jahres. Der Ständige Rat wird ihn Ende 2007 überprüfen und über eine mögliche Verlängerung in Anbetracht der Erfahrungen mit der neuen Struktur entscheiden.
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Beschluss Nr. 19/06
Stärkung der Wirksamkeit der OSZE
Der Ministerrat,
unter Berücksichtigung der Empfehlungen des Weisenrates (CIO.GAL/100/05 vom 27. Juni 2005),
gemäß Beschluss Nr. 17/05 des Ministerrats über die Stärkung der Wirksamkeit der OSZE,
in Bekräftigung seines uneingeschränkten Bekenntnisses zur Einhaltung der Normen, Grund- sätze und Verpflichtungen der OSZE, wie sie insbesondere in der Schlussakte von Helsinki 1975 und der Charta von Paris für ein neues Europa 1990 enthalten sind und die in gleicher Weise für alle Teilnehmerstaaten gelten,
unter Betonung der Rolle der Organisation als regionale Abmachung im Sinne von Kapitel VIII der Charta der Vereinten Nationen und als Schlüsselinstrument für Frühwarnung, Konfliktver- hütung, Krisenbewältigung und Konfliktnachsorge,
in Bekräftigung des umfassenden Sicherheitsansatzes der OSZE und der Wichtigkeit aller drei Dimensionen, der politisch-militärischen, der Wirtschafts- und Umwelt- sowie der menschlichen Dimension, und eingedenk des dimensionsübergreifenden Charakters vieler dieser Aktivitäten,
in Anbetracht der gemeinsamen Herausforderungen für die Teilnehmerstaaten und der Notwendig- keit, im Geiste der Partnerschaft und im Bewusstsein des gemeinsamen Ziels zusammenzuarbeiten,
mit der Aufforderung an die Teilnehmerstaaten, von der Organisation als Forum für politischen Dialog umfassend Gebrauch zu machen,
die Teilnehmerstaaten dazu ermutigend, bei der Umsetzung ihrer Verpflichtungen gegebenen- falls die Unterstützung, die die OSZE-Institutionen und -Feldoperationen anbieten können, in Anspruch zu nehmen,
erneut ihre Entschlossenheit erklärend, die Wirksamkeit der OSZE zu stärken und die Organisa- tion und ihre Arbeitsmethoden ständig an die Erfordernisse der Zeit und die neu entstehenden Herausforderungen anzupassen und sich dabei insbesondere folgende Ziele zu setzen: • verstärkte Fokussierung und Schwerpunktsetzung in der Arbeit der Organisation in jenen Berei- chen, in denen ihre besonderen Stärken liegen • Gewährleistung der langfristigen Kohärenz der Schwerpunkte und Aktionspläne im Einklang mit den Verpflichtungen und Beschlüssen der OSZE, • Verbesserung der Transparenz und Effektivität des Beschlussfassungsverfahrens auf der Grund- lage der souveränen Gleichheit der Staaten und der Konsensregel • Förderung des Bewusstseins für das gemeinsame Ziel und der gemeinsamen Verantwortung unter den Teilnehmerstaaten,
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Abschnitt 1: Bericht des Ständigen Rates
1. dankt dem Ständigen Rat für die gemäß Beschluss Nr. 17/05 Absatz 1 des Ministerrats geleis- tete Arbeit und nimmt Kenntnis von dem unter der Verantwortung des Vorsitzes herausgegebe- nen Bericht (MC.GAL/2/06); (…)
Abschnitt 2: Bericht des BDIMR
1. dankt dem BDIMR für die von ihm gemäß Beschluss Nr. 17/05 Absatz 2 des Ministerrats geleis- tete Arbeit und nimmt Kenntnis von seinem Bericht vom 10. November 2006;
2. registriert mit Anerkennung, dass das BDIMR in Wahrnehmung seines Mandats seine Fähig- keit unter Beweis gestellt hat, den Teilnehmerstaaten bei der Erfüllung ihrer Verpflichtungen in der menschlichen Dimension Hilfestellung zu leisten;
3. erinnert die Teilnehmerstaaten daran, dass ihre Rechtsvorschriften und Praktiken stets im Ein- klang mit den OSZE-Verpflichtungen stehen sollten;
4. nimmt Kenntnis von der Beurteilung des aktuellen Standes der Durchführung bestehender Ver- pflichtungen durch die Teilnehmerstaaten und betont insbesondere, dass die Teilnehmerstaaten selbst die Verantwortung für die wirksame Umsetzung ihrer im Rahmen der OSZE eingegangenen Verpflichtungen tragen. In dieser Hinsicht spielt das BDIMR eine wichtige unterstützende Rolle;
5. beauftragt den Ständigen Rat, sich unter Berücksichtigung der Empfehlungen des BDIMR und anderer einschlägiger OSZE-Institutionen mit den Durchführungsproblemen in den im Bericht genannten Bereichen zu befassen, wobei unter Umständen besserer Gebrauch von der Unterstüt- zung durch das BDIMR gemacht werden sollte;
6. nimmt Kenntnis von den im Bericht vorgeschlagenen neuen Verpflichtungen und ersucht den Ständigen Rat, rechtzeitig bis zum Ministerratstreffen 2007 in Madrid eine Stellungnahme zu die- sen Vorschlägen abzugeben;
7. würdigt die Fachkompetenz des BDIMR bei der Unterstützung der Teilnehmerstaaten durch seine wahlbezogenen Aktivitäten, einschließlich der Überarbeitung von Wahlgesetzen und der Durchführung von Wahlbeobachtungen;
8. spricht sich dafür aus, dass die wahlbezogenen Aktivitäten der OSZE weiter ausgebaut werden und bekräftigt in diesem Zusammenhang die Bestimmungen des Dokuments des Kopenhagener Treffens der KSZE zur menschlichen Dimension (1990) als Eckpfeiler der gemeinsamen OSZE-Verpflich- tungen der Teilnehmerstaaten zum Schutz und zur Förderung der Menschenrechte und Grund- freiheiten, einschließlich jener, die zur Herbeiführung demokratischer Wahlen erforderlich sind;
9. stellt fest, dass einschlägige Bestimmungen in der Gipfelerklärung von Budapest (1994), der Gipfelerklärung von Lissabon (1996), der Gipfelerklärung von Istanbul (1999), der Europäischen Sicherheitscharta (1999) und in späteren Beschlüssen der Ministerratstreffen von Porto (2002) und Maastricht (2003) diese Verpflichtungen ergänzt haben;
10. bekräftigt die Zusage der Teilnehmerstaaten, Wahlbeobachter aus anderen Teilnehmerstaaten, dem BDIMR, der Parlamentarischen Versammlung der OSZE und geeigneten Institutionen und Organisationen, die Wahlen zu beobachten wünschen, zu Wahlen einzuladen;
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11. betont, dass die Teilnehmerstaaten selbst durch Entsendung von Beobachtern wirksam zur Ver- besserung der Integrität der Wahlprozesse beitragen können;
12. stellt fest, dass es nach wie vor notwendig ist, Rechenschaftspflicht, Objektivität, Transparenz und Professionalität in der Wahlbeobachtung zu gewährleisten;
13. stimmt zu, dass das BDIMR die Verbesserungen und Empfehlungen betreffend wahlbezogene Aktivitäten in die Tat umsetzen sollte, einschließlich der im Bericht beschriebenen und insbeson- dere der nachstehend angeführten, und wird gegebenenfalls durch seinen Direktor Berichte über ihre Durchführung zur Prüfung durch den Ständigen Rat vorlegen: • weitere Verstärkung der Beobachtungsmethoden und Hilfsprogramme; • Gewährleistung einer möglichst breiten geographischen Streuung der Wahlaktivitäten des BDIMR; • weitere Verbreiterung der Beteiligung von Kurzzeit und Langzeitbeobachtern sowie von Kern- teambeobachtern durch eine verstärkte Unterstützung durch eine größere Anzahl von Teilneh- merstaaten durch Ermutigung der Teilnehmerstaaten, Beiträge zum Diversifizierungsfonds zu leisten, sowie durch Unterstützung einzelstaatlicher Schulungsbemühungen und durch die Ent- wicklung OSZE-weiter Netze von Wahlbeobachtungsspezialisten; • weitere Erhöhung der Transparenz bei der Besetzung von Beobachtungsteams, unter gleichzei- tiger Wahrung höchster professioneller Standards, unter anderem durch aktive Werbung, Schu- lung, Wettbewerbsverfahren und offene Listen für Leiter von Wahlbeobachtungsmissionen und Mitglieder der „Kernteams“, die den Teilnehmerstaaten regelmäßig zugeleitet werden und auf die in öffentlich zugänglichen Datenbanken zugegriffen werden kann; • größtes Augenmerk auf Unabhängigkeit, Unparteilichkeit und Professionalität der BDIMR- Wahlbeobachtung • Verbreiterung der sprachlichen Basis und Gewährleistung, dass die verwendeten Sprachen die Wirksamkeit der Beobachtung in keiner Weise beeinträchtigen;
14. betont, dass die Wahlbeobachtung ein gemeinsames Unternehmen unter Beteiligung des BDIMR der OSZE, der Parlamentarischen Versammlung der OSZE und anderer parlamentari- scher Institutionen ist;
15. stellt fest, dass eine enge Zusammenarbeit mit der Parlamentarischen Versammlung der OSZE das Profil der Wahlbeobachtungsbemühungen der OSZE beträchtlich verstärkt, und fordert das BDIMR auf, auch weiterhin bei Wahlbeobachtungsmissionen partnerschaftlich mit der parla- mentarischen Versammlung auf der Grundlage der Kooperationsvereinbarung von 1997 zusam- menzuarbeiten;
16. begrüßt die Vorschläge für weitere Bemühungen um Erhöhung der Wirksamkeit der vom BDIMR den Teilnehmerstaaten auf deren Ersuchen geleisteten Unterstützung, unter anderem durch eine bessere Nutzung der Treffen zur menschlichen Dimension.
332 Dokument des fünfzehnten Treffens des Ministerrats Madrid 2007
I. Erklärungen des Ministerrats
Ministererklärung über die Unterstützung der weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus
1. Wir, die Mitglieder des Ministerrats der OSZE, sind unverändert besorgt über die anhaltende terroristische Bedrohung im OSZE-Raum.
2. Wir bekräftigen die bestehenden OSZE-Verpflichtungen im Kampf gegen den Terrorismus und die Absicht, unseren Aktivitäten gegen den Terrorismus auch weiterhin hohen Stellenwert in der OSZE einzuräumen.
3. Wir anerkennen die führende Rolle der Vereinten Nationen in den internationalen Bemühungen gegen den Terrorismus und unterstützen die am 8. September 2006 von der Generalversammlung der Vereinten Nationen verabschiedete Weltweite Strategie der Vereinten Nationen zur Bekämp- fung des Terrorismus, die wir als richtungsweisend für die Aktivitäten der OSZE gegen den Ter- rorismus sehen, da die Strategie einen umfassenden weltweiten Ansatz gegen den Terrorismus entwirft, der sich nicht nur mit dessen Ausdrucksformen sondern auch mit den seiner Ausbreitung Vorschub leistenden Umständen auseinandersetzt, in einem auf die Menschenrechte und Rechts- staatlichkeit gründenden Rahmen und im Einklang mit allen völkerrechtlichen Verpflichtungen, insbesondere dem Völkerrecht auf dem Gebiet der Menschenrechte, dem internationalen Flücht- lingsrecht und dem humanitären Völkerrecht.
4. Wir erinnern an den umfassenden weltweiten Ansatz der Strategie im Kampf gegen den Ter- rorismus, der sich nicht nur mit dessen Ausdrucksformen sondern auch mit den seiner Ausbrei- tung Vorschub leistenden Umständen auseinandersetzt, darunter lang andauernde ungelöste Konflikte, alle Formen und Arten von Entmenschlichung der Opfer von Terrorismus, fehlende Rechtsstaatlichkeit sowie Menschenrechtsverletzungen, Diskriminierung aufgrund der Volks- gruppenzugehörigkeit, der Staatsangehörigkeit oder des religiösen Bekenntnisses, politische und sozioökonomische Ausgrenzung und das Fehlen einer verantwortungsbewussten Staatsführung, wobei festgestellt wird, dass keiner dieser Umstände als Entschuldigung oder Rechtfertigung für terroristische Handlungen dienen kann.
5. Wir stellen fest, dass die Generalversammlung der Vereinten Nationen regionale Organisatio- nen dazu ermutigt, „die Umsetzung der Strategie, etwa auch durch Mobilisierung von Ressour- cen und Know-how, zu unterstützen“.
6. Wir erinnern an die Verpflichtung, alle Resolutionen des Sicherheitsrats der Vereinten Natio- nen zum internationalen Terrorismus umzusetzen, und anerkennen, dass viele Staaten nach wie vor Hilfestellung bei deren Umsetzung benötigen.
333 Madrid 2007
7. Wir unterstützten die Arbeit des OSZE-Sekretariats zur Förderung der Umsetzung der Strate- gie, insbesondere die jährlichen Konsultationen auf hoher Ebene zwischen Vertretern des Europa- rats, der Organisation für Sicherheit und Zusammenarbeit in Europa und den Vereinten Nationen (Februar 2007 in Wien) im Format „3+“ sowie die Gesprächsrunden für Fachleute für Terroris- musbekämpfung aus regionalen Organisationen und den Zentren für Terrorismusbekämpfung in Kopenhagen (Juli 2006) und Wilna (Juni 2007), die von der OSZE-Gruppe Terrorismusbekämp- fung organisiert wurden.
8. Wir stellen mit Befriedigung fest, dass der OSZE-Ansatz im Kampf gegen den Terrorismus im Einklang mit der VN-Strategie steht, da er unter anderem die Rechtsstaatlichkeit, die Achtung der Menschenrechte und eine wirksame Strafrechtspflege fördert, die das Fundament unseres gemein- samen Kampfes gegen den Terrorismus bilden, und dass alle unsere Aktivitäten gegen den Terro- rismus als ein Beitrag zur Umsetzung der Strategie gelten könnten. Die OSZE und insbesondere ihre Teilnehmerstaaten werden, bei Bedarf mit Unterstützung des Sekretariats, der Institutionen und der Feldpräsenzen, die Verpflichtungen im Kampf gegen den Terrorismus weiter umsetzen und könnten sich dabei vorwiegend, wenn auch nicht ausschließlich, folgenden Aktivitäten widmen:
9. Die OSZE wird auch weiterhin den internationalen Rechtsrahmen gegen den Terrorismus för- dern, insbesondere die weltweit gültigen Übereinkommen und Protokolle gegen den Terrorismus, und den Teilnehmerstaaten nahe legen, diesen beizutreten und die ihnen aus diesen Rechtsakten erwachsenden Verpflichtungen zu erfüllen;
10. Nachdem das Sekretariat in den Jahren 2005-2007 in Zusammenarbeit mit dem Büro der Ver- einten Nationen für Drogen- und Verbrechensbekämpfung (UNODC) mehrere Arbeitstagungen OSZE-weit sowie auf subregionaler und nationaler Ebene durchgeführt hat, durch die die internatio nale strafrechtliche Zusammenarbeit in Bezug auf Terrorismus auf der Grundlage des Grundsatzes „Auslieferung oder Strafverfolgung“ vertieft wurden, und feststellen konnte, dass die Strafverfol- gung und die entsprechende Zusammenarbeit der Justizbehörden einen besonderen Schwerpunkt in der VN-Strategie bilden, wird das Sekretariat sein Programm für rechtliche Zusammenarbeit fortsetzen und dabei nicht nur, aber vorrangig Hilfestellung bei der Aus- und Fortbildung von Jus- tizbeamten auf subregionaler und einzelstaatlicher Ebene leisten; (…)
12. Nachdem die OSZE-Gruppe Terrorismusbekämpfung ein umfassendes Programm zur Sicher- heit von Reisedokumenten entwickelt hat, das in jeder Hinsicht der Aufforderung in der VN-Stra- tegie entspricht, die Anstrengungen und die Zusammenarbeit zu verstärken, um die Sicherheit der Erstellung und Ausgabe von Identitäts- und Reisedokumenten zu verbessern, wird sie sich ver- stärkt der Einrichtung technischer Plattformen widmen, die den Zugriff auf die Interpol-Daten- bank für gestohlene und verlorene Reisedokumente an Grenzübertrittsstellen erleichtern, den Staaten nahe legen, Informationen über verlorene und gestohlene Ausweise an Interpol zu melden, und weiter technische Verbesserungen an Reisedokumenten und die Durchführung eines umfas- senden und sicheren Verfahrens für den Umgang und die Ausstellung gemäß den ICAO-Normen fördern, das die Identität schützt und Personenstandsmeldesysteme stärkt, die den Grundsatz der Nichtdiskriminierung achten;
13. Die Teilnehmerstaaten werden im Einklang mit ihren völkerrechtlichen Verpflichtungen im Kampf gegen den Terrorismus uneingeschränkt zusammenarbeiten, um alle Personen, die die Finanzierung, Planung, Vorbereitung oder Verübung terroristischer Handlungen unterstützen, erleichtern, daran teilnehmen oder daran teilzunehmen versuchen oder die den Tätern Unterschlupf gewähren, auszuforschen, ihnen einen sicheren Zufluchtsort zu verweigern und sie vor Gericht zu stellen. Die Teilnehmerstaaten werden geeignete Maßnahmen in Übereinstimmung mit den
334 Madrid 2007
einschlägigen Bestimmungen des nationalen und internationalen Rechts ergreifen, einschließlich der internationalen Menschenrechtsnormen, bevor sie einer Person Flüchtlingsstatus zuerkennen, um sich zu vergewissern, dass der Asylsuchende keine terroristischen Handlungen geplant oder erleichtert oder sich daran beteiligt hat. Sie werden im Einklang mit dem Völkerrecht sicherstel- len, dass der Flüchtlingsstatus nicht von Personen missbraucht wird, die terroristische Handlun- gen begehen, organisieren oder erleichtern, und dass angebliche politische Beweggründe nicht als Grund anerkannt werden, Anträge auf die Auslieferung mutmaßlicher Terroristen abzuweisen;
14. Die OSZE-Teilnehmerstaaten werden angesichts ihrer großen Sorge über die Nutzung des Inter- nets für terroristische Zwecke den Informationsaustausch über diese Bedrohung fortsetzen und andere Maßnahmen im Einklang mit dem Ministerratsbeschluss Nr. 7/06 über die Bekämpfung der Nutzung des Internets zu terroristischen Zwecken treffen;
15. Die OSZE wird den VN-Ausschuss zur Bekämpfung des Terrorismus/das Exekutivdirektorium des Ausschusses zur Bekämpfung des Terrorismus bei deren Bemühungen um eine verbesserte Umsetzung der Resolution 1624 (2005) des Sicherheitsrats der Vereinten Nationen unterstützen;
16. Die OSZE wird weiter an Prozessen zur Lösung seit Langem bestehender Konflikte mitwirken, die den Umständen zuzurechnen sind, die dem Terrorismus Vorschub leisten.
17. Die OSZE wird ihre Aktivitäten gegen gewalttätigen Extremismus und Radikalisierung, die zu Terrorismus führen, fortsetzen. Intoleranz und Diskriminierung müssen von den OSZETeil- nehmerstaaten und den Durchführungsorganen der OSZE im Rahmen ihrer jeweiligen Mandate behandelt und bekämpft werden. Der Ständige Rat wird 2008 mit Unterstützung des Sekretariats und der Institutionen Überlegungen darüber anstellen, wie die OSZE anhand eines mehrdimen- sionalen Ansatzes zur Entwicklung eines besseren Verständnisses für die Phänomene gewalttäti- ger Extremismus und Radikalisierung, die zu Terrorismus führen, durch den Austausch nationaler Erfahrungen beitragen kann; (…)
19. Die OSZE wird sich auch weiterhin für Partnerschaften zwischen öffentlichem und privatem Sektor bei der Terrorismusbekämpfung einsetzen und den privaten Sektor (die Zivilgesellschaft und die Wirtschaft) wie schon bisher in ihre Aktivitäten gegen den Terrorismus einbeziehen; (…)
21. Die OSZE wird sich in enger Zusammenarbeit mit UNODC weiter mit der von illegalen Dro- gen ausgehenden Gefahr befassen, in Fortführung der erfolgreich durchgeführten Aktivitäten zu dieser Frage der Jahre 2006 und 2007;
22. Das Büro für demokratische Institutionen und Menschenrechte wird Teilnehmerstaaten auf deren Ersuchen auch weiter dabei helfen, dass ihre Initiativen zur Bekämpfung des Terrorismus im Sinne ihrer OSZE-Verpflichtungen im Einklang mit den Menschenrechten stehen. Das BDIMR wird weiter technische Hilfe und Beratung zu den menschenrechtlichen Aspekten der Ausarbei- tung und Umsetzung innerstaatlicher Rechtsvorschriften anbieten, mit denen der Gefahr begegnet werden soll, die vom Terrorismus, von gewalttätigem Extremismus und von Radikalisierung, die zu Terrorismus führen, ausgeht, und wird sich weiter der Förderung des Dialogs zwischen Staa- ten und nichtstaatlichen Akteuren widmen, um Bereiche der Zusammenarbeit und der gegensei- tigen Unterstützung zu ermitteln.
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23. Die OSZE-Institutionen werden alle ihre Bemühungen zur Bekämpfung von Intoleranz und Diskriminierung sowie zur Förderung der gegenseitigen Achtung und des Verständnisses fürein- ander unter anderem durch Projekte und Programme fortsetzen, in die alle Sektoren der Gesell- schaft eingebunden sind;
24. Die OSZE wird sich weiter mit der Frage der Solidarität mit Terrorismusopfern befassen und sich dabei unter anderem auf den Beschluss Nr. 618 des Ständigen Rates über Solidarität mit Ter- rorismusopfern stützen und auf das hochrangige Treffen über Terrorismusopfer vom September 2007 in Wien Bezug nehmen.
25. Wir wiederholen, dass die OSZE, einschließlich ihres Sekretariats sowie ihrer Institutionen und Feldpräsenzen, bereit ist, bei der Umsetzung der Weltweiten Strategie der Vereinten Natio- nen zur Bekämpfung des Terrorismus eng mit dem System der Vereinten Nationen und anderen internationalen und regionalen Organisationen zusammenzuarbeiten. Die OSZE wird die Verein- ten Nationen weiter in deren Bemühungen im Kampf gegen den Terrorismus unterstützen und mit anderen in diesem Bereich tätigen internationalen und regionalen Organisationen zusammenar- beiten, indem sie deren Unterstützung für die Teilnehmerstaaten beim Aufbau von Kapazitäten erleichtert, deren Standards für den Kampf gegen den Terrorismus und Sicherheitsstandards unter- stützt und fördert, die als bewährte Verfahren zur Bekämpfung des Terrorismus erkannt wurden, und zur Vernetzung von Fachleuten für Terrorismusbekämpfung aus den Teilnehmerstaaten und internationalen und regionalen Organisationen beiträgt, damit diese verstärkte zusammenarbei- ten und Synergien erzeugen und dadurch einen Beitrag zu den weltweiten Bemühungen gegen den Terrorismus leisten.
II. Beschlüsse des Ministerrats
Beschluss Nr. 8/07
Bekämpfung des Menschenhandels für die Zwecke der Ausbeutung von Arbeitskräften
Der Ministerrat,
in Bekräftigung seiner Entschlossenheit, alle Formen von Menschenhandel zu bekämpfen, sowie in Bekräftigung der Verpflichtungen, die die Teilnehmerstaaten im Bereich der Bekämpfung des Menschenhandels eingegangen sind, und der Entschlossenheit, diese umzusetzen,
unter Hinweis auf den in Beschluss Nr. 14 des Ministerrats von Brüssel erteilten Auftrag, Möglich- keiten der weiteren Verstärkung der Bemühungen zur Bekämpfung des Menschenhandels zu prüfen, auch von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften (MC.DEC/14/06),
ferner in Bekräftigung des OSZE-Aktionsplans zur Bekämpfung des Menschenhandels, der den Teilnehmerstaaten ein umfangreiches Instrumentarium zur Bekämpfung aller Formen von Men- schenhandel durch Opferschutz, Verhütung des Menschenhandels und strafrechtliche Verfolgung der Täter oder jener, die Beihilfe zu diesem Verbrechen leisten, bietet,
unter erneutem Hinweis darauf, dass sich die Teilnehmerstaaten für die Ratifizierung und Umset- zung des Übereinkommens der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität und seines Zusatzprotokolls zur Verhütung, Bekämpfung und Bestrafung des Men- schenhandels, insbesondere des Frauen- und Kinderhandels, aussprechen,
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ernsthaft besorgt darüber, dass Menschenhandel trotz nationaler und internationaler Bemühun- gen, ihn zu verhindern und die Verantwortlichen vor Gericht zu stellen, in der OSZE-Region und darüber hinaus nach wie vor weit verbreitet ist,
in Anerkennung der Notwendigkeit einer weiteren Stärkung des Rahmens von OSZEVerpflichtun- gen für die Auseinandersetzung mit den Herausforderungen des Menschenhandels für die Zwe- cke der Ausbeutung von Arbeitskräften,
im Wissen um die Gefährdung von Kindern durch Menschenhandel für die Zwecke der Ausbeu- tung von Arbeitskräften und die besonderen Bedürfnisse von Kindern, die zu Opfern wurden,
unter Betonung der Tatsache, dass politische Strategien und Praktiken gegen Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften, der sowohl in der regulären Wirtschaft als auch in der Schattenwirtschaft zu beobachten ist, umfassend sein und daher auch die Durchsetzung arbeitsrechtlicher Bestimmungen beinhalten sollten,
unter Betonung der Tatsache, dass Maßnahmen gegen Menschenhandel für die Zwecke der Aus- beutung von Arbeitskräften gemeinsam mit den auf dem Arbeitsmarkt Agierenden, darunter Arbeitnehmer- und Arbeitgeberorganisationen, Arbeitsadministratoren und -inspektoren, zu for- mulieren wären und diesen Personenkreis stärker einbinden sollten,
in Bekräftigung der OSZE-Verpflichtungen betreffend die Sicherheit von Reisedokumenten,
in Anerkennung der Tatsache, dass irregulär eingereiste Personen wahrscheinlich stärker gefährdet sind, Opfer von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften zu werden,
in Bekräftigung der Notwendigkeit, die Achtung der Menschenrechte zu gewährleisten, und in diesem Zusammenhang unter Hinweis auf den Kernbestand an internationalen Menschenrechts- übereinkünften der Vereinten Nationen, auch insofern sie sich auf besonders gefährdete Zielgrup- pen von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften beziehen,
im Bewusstsein der Herausforderungen im Zusammenhang mit der Identifizierung der Opfer und der Hilfe für die Opfer, auch im Hinblick auf deren unsicheren aufenthaltsrechtlichen Status, und der Probleme, die sich daraus ergeben können, dass die Täter die Opfer einschüchtern und deren Ängste ausnützen, sowie in Anerkennung der Notwendigkeit von Anzeigeverfahren, die Opfer ermutigen, sich zu melden,
ruft die Teilnehmerstaaten dazu auf:
1. zu gewährleisten, dass die Opfer von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften Zugang zur Justiz haben;
2. im Einklang mit dem innerstaatlichen Recht und internationalen Verpflichtungen Opfern von Menschenhandel eine Überlegungsfrist einzuräumen und befristete oder unbefristete Aufenthalts- genehmigungen zu gewähren, die Erteilung von Arbeitsbewilligungen an die Opfer für die Dauer ihres Aufenthalts zu ermöglichen und das Wissen um diese Möglichkeiten zu fördern;
3. Arbeitskräften Hilfe geleistet wird und dass sie insbesondere Zugang zu geschützten Unterkünf- ten, medizinischer Versorgung, Rechtsberatung und sozialen Diensten haben, unter Berücksichti- gung der Empfehlungen in Teil V des OSZE-Aktionsplans zur Bekämpfung des Menschenhandels
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und seines Zusatzes „Berücksichtigung der besonderen Schutz- und Hilfsbedürftigkeit der Opfer von Kinderhandel“, und das Wissen über die Verfügbarkeit solcher Dienste zu fördern;
4. verstärkte Bemühungen an den Tag zu legen und für effizientere Verfahren zu sorgen, um Opfer von Menschenhandel zu identifizieren, und diesbezüglich ihren Arbeitsinspektoren die für diese Aufgabe erforderlichen Schulungen und Ressourcen zu bieten und gegebenenfalls Inspektionen in Bereichen zu verstärken, die für die Ausbeutung von Arbeitskräften besonders anfällig sind;
5. Partnerschaften zwischen der Zivilgesellschaft einschließlich NROs und staatlichen Stellen, die im Rahmen ihres Arbeitsschutzmandats die Arbeitsbedingungen überwachen, zu unterstützen und zu fördern, um unter anderem den Opfern Hilfe zu leisten und Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften und die Verletzung arbeitsrechtlicher Bestimmungen zu ver- hindern, unter anderem durch gezielte Aufklärungsprogramme oder freiwillige Verhaltenskodizes;
6. im Einklang mit dem innerstaatlichen Recht in Erwägung zu ziehen, eine ersatzweise Vertretung von Opfern von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften in Gerichts- verfahren zu ermöglichen, wenn das Opfer dazu nicht in der Lage ist;
7. die Ausarbeitung oder Verschärfung gesetzlicher Bestimmungen in Erwägung zu ziehen, die Opfern von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften die Möglich- keit bieten, Schadenersatz zu erhalten, gegebenenfalls auch durch Auszahlung der ihnen vorent- haltenen Löhne;
8. die interinstitutionelle Kooperation und Interaktion in Fragen des Menschenhandels für die Zwecke der Ausbeutung von Arbeitskräften zwischen den Bediensteten ihrer Arbeits-, Einwan- derungs-, Strafverfolgungs- und Justizbehörden und den Erbringern sozialer Dienstleistungen zu verstärken, gegebenenfalls auch durch die Einrichtung oder Stärkung nationaler Leitsysteme, wie sie im OSZE-Aktionsplan zur Bekämpfung des Menschenhandels empfohlen wurden;
9. zu gewährleisten, dass zivilgesellschaftliche Organisationen, die Opfern von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften rechtmäßig Hilfe leisten, für diese Hilfeleis- tung nicht strafrechtlich belangt werden;
10. im Einklang mit den Grundprinzipien ihrer Rechtsordnung gegebenenfalls die Möglichkeit vorzusehen, Opfer für ihre Beteiligung an gesetzwidrigen Aktivitäten nicht zu bestrafen, sofern sie zu diesen Handlungen gezwungen wurden;
11. für wirksame Anzeigeverfahren zu sorgen, in deren Rahmen jeder Einzelne vertraulich Umstände melden kann, die auf das Vorliegen von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften hindeuten könnten, wie etwa ausbeuterische Arbeits- und Lebensbedingungen;
12. Indikatoren zu entwickeln – gegebenenfalls unter Berücksichtigung jener, die vom Sachver- ständigenausschuss der ILO entwickelt wurden -, um bei der Identifizierung der Opfer von Men- schenhandel für die Zwecke der Ausbeutung von Arbeitskräften und bei der Feststellung von Situationen, in denen Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften vor- liegt, für Konsistenz und Transparenz zu sorgen;
13. weitere Expertengespräche darüber in Erwägung zu ziehen, wie Fälle von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften von anderen irregulären Beschäftigungsverhält- nissen unterschieden werden können;
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14. wirksame und verhältnismäßige Strafen für jene Personen zu gewährleisten, die dem Men- schenhandel für die Zwecke der Ausbeutung von Arbeitskräften Vorschub leisten, darunter auch ausbeuterische Arbeitgeber;
15. wirksame Strafen für den Fall vorzusehen, dass Arbeitgeber oder Arbeitsvermittlungsstellen auf Schuldknechtschaft beruhende Arbeitsverhältnisse herbeiführen;
16. Programme zu entwickeln, um die von manchen Arbeitsvermittlungsstellen praktizierte Ein- stellung von Personal unter Vorspiegelung falscher Tatsachen zu unterbinden, durch die Personen stärker der Gefahr des Menschenhandels ausgesetzt werden können;
17. in Erwägung zu ziehen, dass Auftragnehmer, die wissentlich Subunternehmer heranziehen, die in Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften verwickelt sind, für dieses Delikt zur Verantwortung gezogen werden können;
18. in Erwägung zu ziehen, Richtern, Staatsanwälten, Polizeibeamten und Arbeitsinspektoren Schulungen zu Fragen von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften – sowohl unter dem Gesichtspunkt der Strafverfolgung als auch des Opferschutzes – anzubieten, und in dieser Hinsicht erforderlichenfalls zu gewährleisten, dass entsprechende Ressourcen zur Verfügung gestellt werden;
19. Aufklärungskampagnen in den Herkunfts-, Transit- und Zielländern ins Auge zu fassen, die sich insbesondere an Gruppen wenden, die für Menschenhandel zum Zwecke der Ausbeutung von Arbeitskräften anfällig sind;
20. ihre Bemühungen um Verhinderung von Kinderarbeit zu intensivieren, indem sie die Unter- zeichnung und Ratifizierung der ILO-Konvention von 1999 gegen die schlimmsten Formen von Kinderarbeit in Erwägung ziehen, sofern sie dies noch nicht getan haben, und indem sie die Bestim- mungen der Konvention umsetzen, wenn sie dieser bereits beigetreten sind;
21. die Zusammenarbeit auf internationaler Ebene zu verstärken, indem sie Informationen über die Bekämpfung von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften weiter- geben und über bewährte Praktiken informieren und indem sie Mittel und Wege zur Verstärkung der Zusammenarbeit in Fragen der Strafverfolgung sowie des Opferschutzes und der Wiederein- gliederungshilfe im Falle einer Rückführung prüfen;
22. die Beschaffung und Auswertung von Daten über den Zusammenhang zwischen Menschen- handel für die Zwecke der Ausbeutung von Arbeitskräften und Migration zu verbessern und diese Informationen an andere OSZE-Teilnehmerstaaten weiterzugeben.
Beschluss Nr. 9/07
Bekämpfung der sexuellen Ausbeutung von Kindern im Internet
Der Ministerrat,
zutiefst darüber beunruhigt, dass der Konsum und die Verbreitung von Kinderpornografie und die Gewinne, die unter anderem kriminelle Organisationen daraus beziehen, durch das Wachs- tum des Internets weltweit enorm zugenommen haben,
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die Verpflichtung der Teilnehmerstaaten bekräftigend, den Beschluss Nr. 15/06 des Ministerrats von Brüssel umzusetzen, und Kenntnis nehmend von den Bemühungen der Durchführungsor- gane der OSZE, die Teilnehmerstaaten dabei zu unterstützen,
in Anbetracht der Beratungen der Expertentagung vom 20. und 21. September 2007 über die sexu- elle Ausbeutung von Kindern im Internet und des Zusätzlichen Treffens zur menschlichen Dimen- sion vom 18. und 19. Oktober 2007 zur Bekämpfung der sexuellen Ausbeutung von Kindern,
entschlossen, dieses zunehmende Phänomen zu bekämpfen, unter anderem durch die verstärkte Befassung der OSZE mit diesem Problem, beschließt:
1. die Teilnehmerstaaten, die dies noch nicht getan haben, dazu zu ermutigen, ein nationales Ein- satzzentrum oder eine andere geeignete Struktur zu schaffen, um die Koordination zu verbessern, so weit wie möglich in Partnerschaft zwischen der öffentlichen Hand und Privatunternehmen, um sich mit Fragen im Zusammenhang mit der sexuellen Ausbeutung von Kindern wirksamer aus- einanderzusetzen;
2. ruft die Teilnehmerstaaten, die dies noch nicht getan haben, dazu auf, im Einklang mit den innerstaatlichen Datenschutzbestimmungen Informationen über wegen sexueller Ausbeutung oder Missbrauchs von Kindern verurteilte Personen zu sammeln und zu speichern, um die Festnahme von Tätern und deren Überwachung in der Bewährungszeit zu erleichtern, und gegebenenfalls Instrumente zu entwickeln, die einen internationalen Informationsaustausch zwischen Strafver- folgungsbehörden über Verurteilungen und Berufsverbote von Sexualstraftätern ermöglichen;
3. ermutigt die Teilnehmerstaaten, die dies noch nicht getan haben, dazu, ein System einzurichten, das Strafverfolgungsbehörden die Zusammenarbeit mit staatlichen Rundfunkanstalten ermög- licht und gegebenenfalls rasch eine öffentliche Fahndung herauszugeben, wenn ein Kind als ver- misst gemeldet wird;
4. fordert die Teilnehmerstaaten, die dies noch nicht getan haben, eindringlich dazu auf, die straf- rechtliche Ahndung des vorsätzlichen Erwerbs und Besitzes von Kinderpornografie in Erwägung zu ziehen, da der Konsum und der Besitz von Kinderpornografie das Wachstum dieses illegalen Gewerbes fördert;
5. tritt dafür ein, dass die Teilnehmerstaaten, die dies noch nicht getan haben, eigene landesweite Hotlines einrichten, bei der Kindesmissbrauch einschließlich sexueller Ausbeutung von Kindern im Internet gemeldet werden kann;
6. fordert die Teilnehmerstaaten auf, gegebenenfalls verstärkt Daten über sexuelle Ausbeutung von Kindern und Kinderpornografie im Internet zu sammeln und Forschung zu dieser Frage zu betreiben, um Umfang und Entwicklung des Problems besser zu erfassen und damit Programme zu seiner Bekämpfung wirksam zu machen;
7. tritt dafür ein, dass die Teilnehmerstaaten im Einklang mit ihren innerstaatlichen Datenschutz- bestimmungen nicht nur auf nationaler sondern auch auf internationaler Basis mit den Anbietern von Internetdiensten, Kreditkartenunternehmen, Banken und anderen einschlägigen Unternehmen zusammenarbeiten, um zu verhindern, dass das Internet zur sexuellen Ausbeutung von Kindern benützt wird, und Zahlungsmethoden zu erschweren, um das Verbrechen weniger einträglich zu machen und die Nachfrage nach Kinderpornografie im Internet somit zu verringern;
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8. ruft die Teilnehmerstaaten erneut dazu auf, Programme für den Rechtsschutz, die Unterstüt- zung, entsprechende medizinische Betreuung, die Rehabilitation und die Wiedereingliederung von Kindern, die Opfer sexueller Ausbeutung wurden, zu erleichtern, und, wo angezeigt, für die sichere Rückkehr von Kindern zu sorgen, die Opfer von Menschenhandel über Landesgrenzen hinweg waren;
9. fordert die OSZE-Teilnehmerstaaten eindringlich auf, Strafverfolgungsbeamte, Lehrer und medi- zinisches Personal verstärkt fachspezifisch in der Bekämpfung von Kinderpornografie im Internet zu schulen, indem sie unter anderem bestehende Programme wie jenes des Internationalen Zent- rums für abgängige und ausgebeutete Kinder nützen, und beauftragt die entsprechenden Durch- führungsorgane der OSZE, diesbezügliche Kontakte zu erleichtern;
10. beauftragt die entsprechenden Durchführungsorgane der OSZE, OSZE-Teilnehmerstaaten auf deren Ersuchen bei der Umsetzung dieses Beschlusses und des Ministerratsbeschlusses Nr. 15/06 im Rahmen der verfügbaren Mittel und unbeschadet bereits laufender Aktivitäten behilflich zu sein;
11. beauftragt das OSZE-Sekretariat, im Rahmen der vorhandenen Mittel auf der POLIS-Website sei- ner Gruppe Strategische Polizeiangelegenheiten einen mehrsprachigen Abschnitt über die Bekämp- fung der sexuellen Ausbeutung von Kindern im Internet einzurichten; dieser POLIS-Abschnitt sollte ein Forum für Experten schaffen, über das die Strafverfolgungsbehörden der Teilnehmer- staaten leichter Zugang zu bewährten Praktiken und verfügbaren Ermittlungsmethoden oder Soft- ware, zu Unterstützung bei der Ausarbeitung von Gesetzen bzw. zu Mustergesetzten erhalten und das Informationen zur Aufklärung über das Thema sowie Weblinks für die Öffentlichkeit anbietet;
12. beauftragt das OSZE-Sekretariat, 2008 über die POLIS-Website einen OnlineWorkshop über die sexuelle Ausbeutung von Kindern im Internet zu veranstalten, der aus außerbudgetären Bei- trägen finanziert wir
13. beauftragt den Generalsekretär, im Einvernehmen mit den Teilnehmerstaaten Mittel und Wege zu überlegen, wie das Know-how der OSZE in dieser Frage im Rahmen der vorhandenen Mittel und unter gebührender Beachtung der Aktivitäten anderer internationaler Organisationen erhöht werden kann;
14. lädt die OSZE-Kooperationspartner ein, sich freiwillig dem Engagement der Teilnehmerstaa- ten für die Bekämpfung der sexuellen Ausbeutung von Kindern anzuschließen.
Beschluss Nr. 10/07
Toleranz und Nichtdiskriminierung Förderung der gegenseitiger Achtung und des Verständnisses füreinander
Der Ministerrat,
bekräftigend, dass die Achtung der Menschenrechte und Grundfreiheiten, Demokratie und Rechts- staatlichkeit den Kern des umfassenden Sicherheitskonzepts der OSZE bilden und dass Toleranz und Nichtdiskriminierung wichtige Elemente der Förderung der Menschenrechte und demokra- tischen Werte sind,
bekräftigend, dass Äußerungen von Diskriminierung und Intoleranz die Sicherheit der Menschen und den gesellschaftlichen Zusammenhalt gefährden, und erneut feststellend, dass sie Konflikt und Gewalt in größerem Umfang auslösen können,
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besorgt über Hassdelikte in der gesamten OSZE-Region und in der Erkenntnis, dass zum wirksa- men Vorgehen gegen solche Straftaten gemeinsam gehandelt werden muss, und Kenntnis nehmend vom Bericht des BDIMR über „Hassdelikte in der OSZE-Region – Zwischenfälle und Reaktionen“, der von den Teilnehmerstaaten in Auftrag gegeben wurde,
in Anerkennung der Rolle, die die nationalen Parlamente durch die Verabschiedung von Geset- zen gegen Hassdelikte und Diskriminierung und als Forum für die innerstaatliche Debatte spie- len, sowie ferner in Anerkennung der Rolle, die die Parlamentarische Versammlung mit ihrer Aufklärungsarbeit über bestehende OSZE-Verpflichtungen im Bereich der Toleranz und Nicht- diskriminierung spielt,
unter besonderer Erwähnung der Arbeit der drei Persönlichen Beauftragten des Amtierenden Vor- sitzenden in Unterstützung der OSZE-weiten Bemühungen zur Bekämpfung von Intoleranz und Diskriminierung und in Erwartung der Schlussfolgerungen aus der in Absprache mit den Teil- nehmerstaaten angestellten Untersuchung des Amtierenden Vorsitzenden,
unterstreichend, dass für die Auseinandersetzung mit von Intoleranz und Diskriminierung gepräg- ten Handlungen in erster Linie die Teilnehmerstaaten, und zwar auch ihre politischen Vertreter, verantwortlich sind,
in Bekräftigung seiner Verpflichtung, das Bewusstsein für den Wert kultureller und religiöser Viel- falt als Quelle der gegenseitigen Bereicherung von Gesellschaften zu schärfen und die Bedeutung der Integration in Bezug auf kulturelle und religiöse Vielfalt als Schlüsselelement zur Förderung gegenseitiger Achtung und des Verständnisses füreinander anzuerkennen,
in Anerkennung der wichtigen Rolle, die die Jugend bei der Förderung von gegenseitiger Ach- tung und des Verständnisses zwischen Kulturen und Religionen spielen kann, womit sie zur För- derung der Demokratie sowie der Menschenrechte und Grundfreiheiten beiträgt, und in diesem Zusammenhang Kenntnis nehmend von dem am 5. und 6. November 2007 in Madrid abgehalte- nen Jugendforum,
in der Erkenntnis, dass Äußerungen von Intoleranz und Diskriminierung die Bemühungen um den Schutz der Rechte des Einzelnen, einschließlich Migranten, Flüchtlingen und Angehörigen nationaler Minderheiten sowie Staatenlosen, zunichtemachen können,
in Anerkennung der Bedeutung der Religions- und Glaubensfreiheit und der Erziehung zu Tole- ranz und Nichtdiskriminierung als Mittel zur Förderung der gegenseitigen Achtung und des Ver- ständnisses füreinander und in diesem Zusammenhang Kenntnis nehmend von der Präsentation der „Leitsätze von Toledo für die Lehre von Religion und Glauben an öffentlichen Schulen“,
erneut das Interesse der OSZE an der Initiative „Allianz der Zivilisationen“ erklärend, im Hin- blick auf Überlegungen über einen geeigneten Beitrag der OSZE zur Implementierungsphase des Berichts der hochrangigen Gruppe,
Kenntnis nehmend von der Bestellung des Hohen Beauftragten der Vereinten Nationen für die Allianz der Zivilisationen und von seiner Präsentation des Implementierungsplans (2007-2009) auf der Ministertagung der Freundesgruppe im September 2007 in New York, sowie von dem bevor- stehenden ersten Jährlichen Forum der Allianz im Januar 2008 in Madrid,
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unter Hinweis auf die von früheren Ministerratstreffen eingegangenen OSZEVerpflichtungen zur Förderung von Toleranz und Nichtdiskriminierung und Kenntnis nehmend von den Ergebnissen der verschiedenen Konferenzen über Toleranz und Nichtdiskriminierung,
mit Dank Kenntnis nehmend von der OSZE-Konferenz auf hoher Ebene gegen Diskriminierung und für gegenseitige Achtung und Verständigung, die im Juni 2007 in Bukarest als Folgeveran- staltung der Konferenz von Cordoba 2005 über Antisemitismus und andere Formen der Intoleranz abgehalten wurde, und Kenntnis nehmend von der vom Amtierenden Vorsitzenden abgegebenen Erklärung von Bukarest,
ferner unter Hinweis auf die vom OSZE-Vorsitz im Oktober in Cordoba veranstaltete Konfe- renz über Intoleranz und Diskriminierung gegenüber Muslimen und Kenntnis nehmend von der „Erklärung von Cordoba des Vorsitzes über die Bekämpfung von Intoleranz und Diskriminie- rung gegenüber Muslimen“,
in Anerkennung der jeweils speziellen Ausprägung der verschiedenen Formen von Intoleranz, jedoch gleichzeitig feststellend, dass ein umfassender Ansatz und die Befassung mit Querschnitts- fragen erforderlich sind, etwa in den Bereichen Gesetzgebung, Strafverfolgung, Datensammlung und Beobachtung von Hassdelikten, Bildung, Medien und konstruktiver öffentlicher Diskurs sowie Förderung des interkulturellen Dialogs, um wirksam gegen alle Formen von Diskriminie- rung vorgehen zu können,
1. fordert von den politischen Vertretern, etwa auch den Parlamentariern, dass sie weiter Äuße- rungen von Rassismus, Fremdenfeindlichkeit, Antisemitismus, Diskriminierung und Intoleranz, sei es gegenüber Christen, Juden, Muslimen oder Gläubigen anderer Religionen, sowie gewalt- tätige Formen von Extremismus in Verbindung mit aggressivem Nationalismus und Neonazis- mus entschieden zurückweisen und verurteilen, wobei gleichzeitig die freie Meinungsäußerung gewahrt bleiben muss;
2. unterstreicht die nach wie vor gegebene Notwendigkeit, dass die Teilnehmerstaaten verlässliche Informationen und statistische Daten über Hassdelikte und durch Hass motivierte Zwischenfälle sammeln und führen, die zuständigen Strafverfolgungsbeamten schulen und die Zusammenar- beit mit der Zivilgesellschaft verstärken;
3. ermutigt zur Förderung von Bildungsprogrammen in den Teilnehmerstaaten, um Jugendlichen den Wert der gegenseitigen Achtung und des Verständnisses füreinander bewusst zu machen;
4. erklärt erneut seine Anerkennung für die wesentliche Rolle, die freie und unabhängige Medien in demokratischen Gesellschaften spielen können, und den großen Einfluss, den sie durch die Bekämpfung oder aber die Verstärkung von verzerrten Wahrnehmungen und Vorurteilen aus- üben können, und ermutigt in diesem Sinne zur Annahme freiwilliger professioneller Standards durch Journalisten, zur Medienselbstkontrolle und anderen geeigneten Mechanismen, die für mehr Professionalität, größere Genauigkeit und verbesserte Einhaltung ethischer Standards durch Jour- nalisten sorgen sollen;
5. fordert die Teilnehmerstaaten dazu auf, ihre Bemühungen im Vorgehen gegen die Anstiftung zu Gewalt und zu Hassdelikten, etwa auch im Internet, im Rahmen ihres innerstaatlichen Rechts in Zusammenarbeit mit der Zivilgesellschaft zu verstärken und dabei das Recht auf freie Meinungs- äußerung zu achten, und unterstreicht gleichzeitig, dass die vom Internet gebotenen Möglichkei- ten zur Förderung der Demokratie-, Menschenrechts- und Toleranzerziehung voll ausgeschöpft werden sollten;
343 Madrid 2007
6. fordert ein verstärktes Eintreten für die Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet;
7. appelliert an die Teilnehmerstaaten, Migranten, die sich rechtmäßig in Gastländern aufhalten, sowie Angehörige nationaler Minderheiten, Staatenlose und Flüchtlinge vor Rassismus, Fremden- feindlichkeit, Diskriminierung und durch Intoleranz motivierten Gewalttaten zu schützen und nationale Strategien und Programme für die Integration rechtmäßiger Migranten auszuarbeiten oder zu verstärken, wozu auch die aktive Mitwirkung Letzterer erforderlich ist;
8. legt den Teilnehmerstaaten nahe, in ihrer Gesetzgebung, ihrer Politik und ihren Programmen bewährte Praktiken umzusetzen, die mithelfen, Gesellschaften zu fördern, in denen niemand aus- geschlossen wird und die auf der Achtung von kultureller und religiöser Vielfalt, der Menschen- rechte und demokratischer Grundsätze gründen;
9. sagt zu, für eine effiziente Weiterführung der bisher von den Teilnehmerstaaten und einschlägi- gen OSZE-Institutionen, insbesondere dem BDIMR durch sein Programm für Toleranz und Nicht- diskriminierung, im Rahmen ihrer Mandate geleisteten Arbeit zur Förderung von Toleranz und Nichtdiskriminierung zu sorgen, wobei nachdrücklich darauf hingewiesen wird, dass die bestehen- den OSZE-Verpflichtungen zur Vermeidung von Doppelarbeit unter Berücksichtigung der Erfah- rung und des Fachwissens anderer einschlägiger internationaler und regionaler Organisationen in diesem Bereich umzusetzen sind, und wird zukünftige Konferenzen auf politischer Ebene, mögli- cherweise in regelmäßigen Zeitabständen, mit Implementierungstreffen 2008 in Erwägung ziehen;
10. ermutigt zur Schaffung innerstaatlicher Institutionen oder Fachgremien durch die Teilneh- merstaaten, die dies noch nicht getan haben, um gegen Intoleranz und Diskriminierung vorzu- gehen, sowie zur Entwicklung und Umsetzung nationaler Strategien und Aktionspläne in diesem Bereich auf der Grundlage bestehender Verpflichtungen und unter Nutzung des Know-hows und der Unterstützung der einschlägigen OSZE-Institutionen und gegebenenfalls einschlägiger inter- nationaler Organisationen;
11. beschließt, Überlegungen über einen geeigneten Beitrag der OSZE zur Implementierungsphase der Empfehlungen der hochrangigen Gruppe der Allianz der Zivilisationen unter Berücksichti- gung des vom Hohen Beauftragten der Vereinten Nationen für die Allianz der Zivilisationen aus- gearbeiteten Implementierungsplans anzustellen, und empfiehlt, dass der OSZE-Generalsekretär in Absprache mit dem Amtierenden Vorsitzenden am bevorstehenden ersten Jährlichen Forum der Allianz in Madrid teilnimmt und den Teilnehmerstaaten über dessen Ergebnisse Bericht erstattet.
344 Dokument des sechzehnten Treffens des Ministerrats Helsinki 2008
I. Erklärungen des Ministerrats
Ministererklärung zum 60. Jahrestag der allgemeinen Erklärung der Menschenrechte
Wir, die Mitglieder des Ministerrats der OSZE, erneuern unser unverbrüchliches Bekenntnis zur Allgemeinen Erklärung der Menschenrechte („Allgemeine Erklärung“), die von der Generalver- sammlung der Vereinten Nationen am 10. Dezember 1948 verabschiedet wurde.
Anlässlich des 60. Jahrestags der Verabschiedung der Allgemeinen Erklärung bekennen wir uns erneut dazu, in Übereinstimmung mit den Zielen und Grundsätzen der Charta der Vereinten Nationen und mit der Allgemeinen Erklärung der Menschenrechte zu handeln.
Im Geiste der Schlussakte von Helsinki unterstreichen wir die darin verankerten Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, insbesondere die Achtung der Menschenrechte und der Grundfreiheiten.
Wir betonen, dass alle Menschenrechte allgemeingültig sind.
Wir bekennen uns unverbrüchlich zur Achtung der angeborenen Würde des Menschen, die in der Allgemeinen Erklärung und den von uns vereinbarten einschlägigen OSZE-Dokumenten aner- kannt wird.
Wir erklären, dass die in der Allgemeinen Erklärung enthaltenen Rechte nach wie vor von Bedeu- tung sind.
Wir bekräftigen, dass wir die vollständige Einhaltung der OSZE-Verpflichtungen in der mensch- lichen Dimension gewährleisten. Alle OSZE-Verpflichtungen gelten ohne Ausnahme in gleicher Weise für alle Teilnehmerstaaten.
Wir bekräftigen den untrennbaren Zusammenhang zwischen der Gewährleistung der Achtung der Menschenrechte und der Erhaltung des Friedens, der Gerechtigkeit, des Wohlergehens der Menschen und der Stabilität, wie dies im Konzept der gemeinsamen und umfassenden Sicherheit der OSZE verankert ist.
Unter Berücksichtigung der in der Schlussakte von Helsinki verankerten Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, bekräftigen wir, dass die im Bereich der menschlichen Dimension der OSZE übernommenen Verpflichtungen ein direktes und berechtigtes Anliegen aller Teilnehmerstaaten und nicht ausschließlich innere Angelegenheit des betroffenen Staates darstel- len, wie dies im Moskauer Dokument 1991 festgelegt ist.
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Wir anerkennen den wertvollen Beitrag der OSZE zur Förderung und zum Schutz der in der All- gemeinen Erklärung verankerten Rechte. Insbesondere anerkennen wir die Arbeit des Büros für demokratische Institutionen und Menschenrechte (BDIMR) in Unterstützung der Teilnehmer- staaten bei der Umsetzung ihrer Verpflichtungen in der menschlichen Dimension im Einklang mit seinem Mandat.
Aus Anlass des zehnten Jahrestags des Bestehens des Büros des Beauftragten für Medienfreiheit anerkennen wir die Tätigkeit dieser Institution zur Förderung unabhängiger und pluralistischer Medien als unerlässlich für eine freie und offene Gesellschaft und zur Rechenschaft verpflichtete Regierungssysteme. Wir fordern die Teilnehmerstaaten und Kooperationspartner dazu auf, ein für freie und unabhängige Medien gedeihliches Umfeld zu schaffen.
Aus Anlass des fünfzehnten Jahrestags des Bestehens des Hohen Kommissars für nationale Min- derheiten anerkennen wir die Rolle des Hohen Kommissars.
Wir stehen zu unserer Verpflichtung, uns für den Aufbau, die Konsolidierung und Stärkung der Demokratie in unseren Ländern einzusetzen.
Wir stehen zu unserem Bekenntnis zur Rechtsstaatlichkeit und zum gleichen Schutz aller durch das Gesetz, auf der Grundlage der Achtung der Menschenrechte und wirksamer, zugänglicher und gerechter Rechtssysteme.
Wir betonen, dass jeder das Recht auf Leben, Freiheit und Sicherheit der Person hat; niemand darf in Sklaverei gehalten werden und niemand darf Folter oder grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe ausgesetzt werden.
Wir anerkennen, dass die Menschenrechte am besten in demokratischen Gesellschaften geach- tet werden, in denen Beschlüsse mit einem Höchstmaß an Transparenz und breiter Beteiligung gefasst werden. Wir unterstützen eine pluralistische Zivilgesellschaft und ermutigen zu Partner- schaften zwischen verschiedenen, an der Förderung und dem Schutz der Menschenrechte betei- ligten Akteuren.
Wir bekräftigen, dass jeder in den Genuss der Gedanken-, Gewissens-, Religions- und Überzeu- gungsfreiheit, der Meinungsfreiheit und des Rechts auf freie Meinungsäußerung, des Rechts auf friedliche Versammlung und der Vereinigungsfreiheit kommen muss. Die Ausübung dieser Rechte darf nur gesetzlich vorgesehenen und im Einklang mit unseren völkerrechtlichen Verpflichtun- gen und unseren internationalen Verpflichtungen stehenden Einschränkungen unterworfen sein.
Ministererklärung zum 60. Jahrestag der Konvention über die Verhütung und Bestrafung des Völkermordes
Wir, die Mitglieder des Ministerrats der OSZE, begehen den 60. Jahrestag der am 9. Dezember 1948 von der Generalversammlung der Vereinten Nationen verabschiedeten Konvention über die Verhütung und Bestrafung des Völkermordes (in der Folge als „Konvention“ bezeichnet).
Wir sind uns dessen bewusst, dass in der Allgemeinen Erklärung der Menschenrechte die allen Mitgliedern der menschlichen Familie innewohnende Würde und deren gleiche und unveräußer- liche Rechte als Grundlage der Freiheit, der Gerechtigkeit und des Friedens in der Welt anerkannt wurden, und wir bekräftigen auch die einschlägigen in der Schlussakte von Helsinki festgeschrie- benen Verpflichtungen.
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Wir bekräftigen die Bedeutung der Konvention als wichtiges internationales Rechtsinstrument zur Verhütung und Bestrafung des Völkermordes.
Wir rufen die Teilnehmerstaaten dazu auf, den ehestmöglichen Beitritt zur Konvention und die Beteiligung an diesem weltweiten Rahmen zur Verhütung und Bestrafung des Völkermordes in Erwägung zu ziehen, sofern sie dies noch nicht getan haben. Ferner rufen wir die Vertragsstaaten auf, ihre Aktivitäten zur vollständigen Umsetzung ihrer Verpflichtungen aus der Konvention zu verstärken und zu intensivieren.
Wir stellen fest, dass die Vereinten Nationen mit der Verabschiedung der Konvention die Tatsa- che anerkannten, dass der Völkermord eine verabscheuungswürdige Geißel ist, die der Mensch- heit große Verluste zugefügt hat, und ihrer Überzeugung Ausdruck verliehen, dass internationale Zusammenarbeit erforderlich ist, um eine Verhütung und Bestrafung des Völkermordes unver- züglich zu ermöglichen.
Wir erkennen an, dass Völkermord eines der schwersten Verbrechen nach dem Völkerrecht ist, das von der gesamten internationalen Gemeinschaft verurteilt wurde und durch nichts gerecht- fertigt werden kann.
II. Beschlüsse des Ministerrats
Beschluss Nr. 5/08
Verstärkte Reaktion der Strafgerichtsbarkeit auf den Menschhandel durch ein umfassendes Konzept
Der Ministerrat,
in Betonung seiner tiefen Besorgnis darüber, dass der Menschenhandel in der OSZE-Region nach wie vor weit verbreitet ist,
in der Erwägung, dass der Menschenhandel ein schwerwiegendes und abscheuliches Verbrechen ist, das die menschliche Würde verletzt und die Ausübung der Menschenrechte und Grundfrei- heiten infrage stellt und das die Bildung organisierter krimineller Netzwerke fördert,
Kenntnis nehmend vom Übereinkommen des Europarats zur Bekämpfung des Menschenhandels,
in Bekräftigung aller OSZE-Verpflichtungen zur Bekämpfung des Menschenhandels unter beson- derer Berücksichtigung des OSZE-Aktionsplans zur Bekämpfung des Menschenhandels einschließ- lich seines Zusatzes betreffend die Berücksichtigung der besonderen Schutz- und Hilfsbedürftigkeit der Opfer von Kinderhandel (OSZE-Aktionsplan) und der Notwendigkeit ihrer Umsetzung,
unter erneutem Hinweis auf die wichtige Rolle der Sonderbeauftragten und Koordinatorin für die Bekämpfung des Menschenhandels (Sonderbeauftragte) im Hinblick auf die Unterstützung der Teilnehmerstaaten bei der Umsetzung der OSZE-Verpflichtungen zur Bekämpfung des Men- schenhandels,
unter erneuter Bekundung seiner Besorgnis darüber, dass trotz fortwährend auf internationaler, regionaler und nationaler Ebene getroffener Maßnahmen nach wie vor nur eine begrenzte Zahl
347 Helsinki 2008
von Opfern des Menschenhandels identifiziert und unterstützt wird und dass bisher nur wenige Menschenhändler vor Gericht gestellt wurden,
in Anerkennung der Tatsache, dass die Bereitstellung von Schutz und Unterstützung für die Opfer von Menschenhandel in geeigneter Form und eine verbesserte Identifizierung der Opfer zu den Voraussetzungen dafür gehören, dass die Strafgerichtsbarkeit wirksam gegen den Menschenhan- del vorgehen kann, auch durch strafrechtliche Verfolgung der Täter und ihrer Komplizen,
unter erneutem Hinweis darauf, dass die Verpflichtung, dieses Verbrechen zu bekämpfen, glei- chermaßen für die Herkunfts-, die Transit- und die Zielländer gilt,
in Bekräftigung unserer Unterstützung für Bemühungen der Teilnehmerstaaten, in Zusammen- arbeit mit internationalen und regionalen Organisationen, Nichtregierungsorganisationen und anderen maßgeblichen Stellen ein umfassendes, koordiniertes und ganzheitliches Konzept zur Bekämpfung des Menschenhandels in Erwägung zu ziehen, wozu unter anderem auch Maßnah- men zur Verhütung des Menschenhandels, zum Schutz und zur Unterstützung der Opfer unter uneingeschränkter Achtung ihrer Menschenrechte und zur strafrechtlichen Verfolgung der Täter gehören, und die Aktivitäten grenzüberschreitender krimineller Organisationen und anderer, die vom Menschenhandel profitieren, zu bekämpfen,
Kenntnis nehmend von der OSZE-Konferenz über die erfolgreiche strafrechtliche Verfolgung von Menschenhandel – Herausforderungen und bewährte Methoden, die am 10. und 11. November 2008 in Helsinki stattfand,
entschlossen, die Reaktion der Strafgerichtsbarkeit auf den Menschenhandel wirksamer zu gestalten,
1. legt den Teilnehmerstaaten, die dies noch nicht getan haben, nahe, dafür Sorge zu tragen, dass alle im OSZE-Aktionsplan definierten Formen von Menschenhandel in ihren innerstaatlichen Rechtsvorschriften einen strafrechtlichen Tatbestand darstellen und dass Täter, die sich des Men- schenhandels schuldig gemacht haben, nicht ungestraft bleiben;
2. legt den Teilnehmerstaaten nahe, dafür Sorge zu tragen, dass in die Lehrpläne für das Personal der Strafverfolgungsbehörden eine Ausbildung zu Fragen der Bekämpfung des Menschenhandels aufgenommen wird und dass die zuständigen Beamten in den nationalen Anklagebehörden und der Justiz eine Spezialausbildung zu Fragen der Bekämpfung des Menschenhandels erhalten. Jeder Teilnehmerstaat wird bei der Unterweisung seines militärischen und zivilen Personals vor Aus- landseinsätzen Strategien und Konsequenzen hinsichtlich des Menschenhandels berücksichtigen;
3. fordert die Teilnehmerstaaten nachdrücklich auf, dafür Sorge zu tragen, dass die Strafverfol- gungsbehörden und gegebenenfalls die Justiz untereinander und mit anderen Stellen einschließlich sozialer Einrichtungen sowie gegebenenfalls mit einschlägigen zivilgesellschaftlichen Organisa- tionen zusammenarbeiten, um die Identifizierung der Opfer von Menschenhandel zu verbessern;
4. legt den Teilnehmerstaaten nahe, wo es angebracht und in ihren diesbezüglichen Gesetzen vor- gesehen ist, dafür Sorge zu tragen, dass zivilgesellschaftliche Organisationen, die sich für den Schutz der Rechte von Opfern des Menschenhandels einsetzen, die Möglichkeit haben, den Opfern auch während eines Strafverfahrens Hilfe und Unterstützung zukommen zu lassen, und in die- sem Zusammenhang die Aufnahme einer Zusammenarbeit zwischen Strafverfolgungsbehörden und zivilgesellschaftlichen Organisationen in Erwägung zu ziehen;
348 Helsinki 2008
5. ruft die Teilnehmerstaaten auf, dafür Sorge zu tragen, dass eine Person – wenn die Behörden berechtigten
Grund zur Annahme haben, dass sie ein Opfer von Menschenhandel ist – nicht vor dem ord- nungsgemäßen Abschluss des Identifizierungsverfahrens abgeschoben wird und dass diese Person entsprechende Unterstützung erhält, unter anderem auch – wenn dies im innerstaatlichen Recht vorgesehen ist – in Form einer angemessenen Erholungs- und Bedenkzeit, in der keine Abschie- bung erfolgen darf;
6. legt den Teilnehmerstaaten nahe, dafür Sorge zu tragen, dass Opfer von Menschenhandel ohne ungebührliche Verzögerung Zugang zu einer sicheren Unterbringung, psychologischer und medi- zinischer Behandlung und Beratung über die ihnen zustehenden Rechte und zur Verfügung ste- henden Dienste erhalten;
7. ruft die Teilnehmerstaaten, die dies noch nicht getan haben, auf, besondere Maßnahmen für den Schutz und die Unterstützung der Opfer von Kinderhandel während des gesamten Strafver- fahrens zu treffen, im Einklang mit den Grundsätzen des Kindeswohls, der Nichtdiskriminierung, der Mitwirkung und der Möglichkeit des Kindes, gehört zu werden;
8. fordert die Teilnehmerstaaten, die dies noch nicht getan haben, auf, dafür Sorge zu tragen, dass Ermittlungen wegen Menschenhandel oder die strafrechtliche Verfolgung von Menschenhandel nicht von einer Anzeige oder einer Anklage des Opfers abhängig gemacht werden;
9. ruft die Teilnehmerstaaten dazu auf, sich weiterhin um Gewährleistung dessen zu bemühen, dass Opfer von Menschenhandel so behandelt werden, dass sie, ohne durch Einschüchterungoder Schika- nen bedroht zu werden, in den vollen Genuss der Menschenrechte kommen, und die Tatsache anzu- erkennen, dass die Opfer eine angemessene Zeit benötigen, um sich von ihrem Trauma zu erholen;
10. legt den Teilnehmerstaaten nahe, nach Maßgabe ihrer jeweiligen Gesetze Maßnahmen zu tref- fen, damit Opfer von Menschenhandel die Möglichkeit haben, eine faire und angemessene Entschä- digung für das ihnen zugefügte Leid zu erhalten und im Zuge strafrechtlicher bzw. zivilrechtlicher Verfahren gegebenenfalls Schadenersatz geltend zu machen;
11. ruft zu einer verstärkten Zusammenarbeit der nationalen Strafverfolgungs- und Anklagebe- hörden mit einschlägigen internationalen Organen, einschließlich Interpol und Europol, und mit den Strafverfolgungsbehörden anderer Teilnehmerstaaten auf, zum Beispiel durch den Einsatz von Verbindungsbeamten oder gemeinsamen Ermittlungsgruppen, wo dies die Effizienz und Wirk- samkeit der Reaktion vonseiten der Strafgerichtsbarkeit erhöht;
12. fordert die Teilnehmerstaaten nachdrücklich dazu auf, stärker gegen Menschenhandelsnetz- werke vorzugehen, unter anderem durch Ermittlungen der Finanzbehörden, Ermittlungen bei Geldwäsche mit Bezug zu Menschenhandel und das Einfrieren bzw. die Beschlagnahmung des Vermögens von Menschenhändlern;
13. beauftragt die Sonderbeauftragte, im Rahmen der vorhandenen Ressourcen und als Teil ihrer regelmäßigen Berichterstattung an den Ständigen Rat in Zusammenarbeit mit den Teilnehmer- staaten Empfehlungen darüber abzugeben, auf welche Weise die Reaktion der Strafgerichtsbarkeit auf den Menschenhandel weiter verstärkt werden kann.
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Beschluss Nr. 6/08
Verstärkte Bemühungen der OSZE zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet
Der Ministerrat,
in Bekräftigung der Verpflichtungen der OSZE gegenüber Roma und Sinti, insbesondere der Ver- pflichtungen aus dem Aktionsplan von 2003 zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet,
in Anerkennung des wichtigen Rahmens, den der Aktionsplan für die Förderung und den Schutz der Menschenrechte der Roma und Sinti durch die Teilnehmerstaaten bietet,
mit der Aufforderung an die Teilnehmerstaaten, ihre Bemühungen zu verstärken, um dafür Sorge zu tragen, dass Roma und Sinti uneingeschränkt in die Gesellschaft eingebunden werden können, und Maßnahmen zu treffen, um deren Diskriminierung ein für alle Mal zu beseitigen,
daran erinnernd, dass Roma und Sinti im gesamten OSZE-Raum nach wie vor Rassismus und Dis- kriminierung ausgesetzt sind und dass sich die Teilnehmerstaaten dazu verpflichtet haben, ihre Strategien und deren Umsetzung zur Bekämpfung dieser Phänomene zu verstärken,
unter Hinweis auf die Bedeutung der Kultur und Sprache der Roma als Teil des kulturellen Erbes vieler Länder und als fester Bestandteil der Identität von Roma und Sinti,
Kenntnis nehmend vom Lagebericht 2008 des BDIMR (Lagebericht) über die Umsetzung des Akti- onsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet als einem Instrument zur Unterstützung der wirksamen Umsetzung der OSZE-Verpflichtungen in Bezug auf Roma und Sinti,
unter erneutem Hinweis auf den Beitrag der Kontaktstelle des BDIMR für Fragen der Roma und Sinti zur regelmäßigen Überprüfung und Beurteilung der Umsetzung des Aktionsplans,
unter Hinweis auf die Bedeutung der einschlägigen OSZE-Institutionen und -Strukturen in Bezug auf die Unterstützung der Umsetzung des Aktionsplans und ferner unter Betonung der Wichtig- keit einer wirksamen Koordinierung und Zusammenarbeit innerhalb der OSZE,
Kenntnis zunehmend vom Zusätzlichen Treffen zur menschlichen Dimension, das am 10. und 11. Juli 2008 zum Thema „Nachhaltige Strategien zur Integration der Roma und Sinti“ stattfand,
entschlossen, die Bemühungen der OSZE zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet zu verstärken,
1. fordert die Teilnehmerstaaten dringend auf, Roma- und Sintikindern den gleichberechtigten Zugang zu Schulbildung zu ermöglichen und einen frühen Schuleintritt zu fördern, als Mittel zur Verhinderung der sozialen Ausgrenzung und Marginalisierung und zur Verbesserung der Lage der Roma und Sinti auf lange Sicht. Diesbezüglich betont der Ministerrat, dass Bildungspolitik darauf abzielen sollte, Roma und Sinti in das Regelschulwesen einzubinden;
2. fordert das BDIMR auf, im Rahmen der bestehenden Ressourcen den Teilnehmerstaaten auf deren Ersuchen dabei zu helfen, den frühzeitigen Zugang von Roma- und Sintikindern zu Schul- bildung zu fördern. Er fordert die Teilnehmerstaaten diesbezüglich dringend auf, gegebenenfalls
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Initiativen zur Information der Öffentlichkeit, auch unter Einschluss der Volksgruppe der Roma und Sinti, über die Vorteile eines frühzeitigen Schulunterrichts durchzuführen;
3. fordert die Teilnehmerstaaten auf, in Zusammenarbeit mit Roma und Sinti ihre Bemühungen zur Hebung des Bewusstseins bei Roma und Sinti für die Bedeutung der Einschulung und eines regelmäßigen Schulbesuchs zu intensivieren;
4. legt den Teilnehmerstaaten nahe, bei der Überprüfung ihrer Gesetze und Strategien zu Roma und Sinti auch Fragen der Roma und Sinti zu berücksichtigen, insbesondere in den vorrangigen Berei- chen des Aktionsplans von 2003 zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet;
5. fordert für die Lage der Roma und Sinti zuständige eigene nationale Behörden – wie jene für Minderheiten, den Zugang zu Gesundheitseinrichtungen, Bildung, Wohnraum, die Bekämpfung von Diskriminierung, Polizei und Medien – auf, ihre Bemühungen zu verstärken, um die Umset- zung der OSZE-Verpflichtungen im Rahmen der innerstaatlichen Rechtsvorschriften zu Gleich- stellung und Nichtdiskriminierung sicherzustellen. Im Zusammenhang damit sollte der Lage von Romafrauen und -mädchen besondere Aufmerksamkeit zuteil werden;
6. legt den Teilnehmerstaaten nahe, sofern sie das bislang noch nicht getan haben, unter Einbin- dung auf der geeigneten Ebene von Roma und maßgeblichen Regierungsstellen einen institutio- nellen Rahmen zu schaffen, um die Umsetzung von Strategien und Programmen zur Verbesserung der Lage der Roma und Sinti zu erleichtern;
7. legt den Teilnehmerstaaten nahe, ihre Bemühungen zur aktiven Einbindung der Volksgruppe der Roma und Sinti in den politischen Entscheidungsprozess betreffend Roma und Sinti zu ver- stärken und die tatsächliche Teilnahme der Roma und Sinti am öffentlichen und politischen Leben zu fördern;
8. fordert die fortgesetzte Koordinierung und Zusammenarbeit im Rahmen der vorhandenen Res- sourcen in der OSZE und gegebenenfalls mit den maßgeblichen internationalen Akteuren wie dem Europarat und der Europäischen Union;
9. fordert verstärkte Bemühungen zur Sensibilisierung für die OSZE-Verpflichtungen in Bezug auf Roma und Sinti und unterstreicht diesbezüglich, wie wertvoll die Berichterstattung des BDIMR- Direktors über den Stand der Umsetzung des Aktionsplans als Teil seiner regelmäßigen Bericht- erstattung an den Ständigen Rat gemäß Kapitel X Absätze 133 und 134 des Aktionsplans istelf.
Beschluss Nr. 7/08
Weitere Stärkung der Rechtstaatlichkeit im OSZE-Raum
Der Ministerrat,
in Bekräftigung des Bekenntnisses der OSZE-Teilnehmerstaaten zur Rechtsstaatlichkeit und zu den in der Schlussakte von Helsinki 1975 enthaltenen Prinzipien, die die Beziehungen der Teilneh- merstaaten leiten, sowie zur Erfüllung völkerrechtlicher Verpflichtungen nach Treu und Glauben und unter erneutem Hinweis auf die Entschlossenheit der OSZETeilnehmerstaaten, sich für eine strikte Einhaltung dieser Prinzipien einzusetzen,
351 Helsinki 2008
unter Hinweis auf die OSZE-Dokumente von Wien 1989, Kopenhagen 1990, Moskau 1991, Buda- pest 1994 und Istanbul 1999 und auf Beschluss Nr. 12/05 des Ministerratstreffens von Laibach über die Einhaltung der Menschenrechte und der Rechtsstaatlichkeit in Systemen der Strafrechtspflege,
ferner unter Hinweis auf die Allgemeine Erklärung der Menschenrechte und in Kenntnis des Inter- nationalen Pakts über bürgerliche und politische Rechte,
ferner unter Hinweis auf andere einschlägige Dokumente der Vereinten Nationen, in denen unter anderem die Notwendigkeit eines weltweiten Bekenntnisses zur Rechtsstaatlichkeit und von deren Umsetzung auf nationaler wie auch auf internationaler Ebene und das Bekenntnis zu einer auf Rechtsstaatlichkeit und dem Völkerrecht beruhenden internationalen Ordnung bekräftigt wird,
in Betonung der Bedeutung, die wir den Menschenrechten, der Rechtsstaatlichkeit und der Demo- kratie beimessen, die alle miteinander verbunden sind und einander verstärken,
ferner in Betonung der Bedeutung der Rechtsstaatlichkeit als dimensionsübergreifende Frage im Hinblick auf die Gewährleistung der Achtung der Menschenrechte und der Demokratie, von Sicherheit und Stabilität, Good Governance, gegenseitigen Wirtschafts- und Handelsbeziehungen, Investitionssicherheit und eines günstigen Wirtschaftsklimas sowie ihrer Rolle im Kampf gegen Korruption, organisierte Kriminalität und alle Arten des unerlaubten Handels, einschließlich des Drogen-, Waffen- und Menschenhandels, womit sie als Grundlage für die politische, wirtschaft- liche, soziale und ökologische Entwicklung in den Teilnehmerstaaten dient,
ferner in Betonung der Bedeutung der Rechtsstaatlichkeit bei der Umsetzung von OSZE-Beschlüs- sen und -Dokumenten im politisch-militärischen Bereich,
unter Berücksichtigung der Aktivitäten der einschlägigen Durchführungsorgane der OSZE in Bezug auf Rechtsstaatlichkeit, insbesondere des Sekretariats, des BDIMR und der OSZE-Feldope- rationen, mit denen sie die Teilnehmerstaaten bei der Stärkung ihrer rechtsstaatlichen Kapazitä- ten unterstützen, sowie unter Berücksichtigung der Rolle der Parlamentarischen Versammlung der OSZE im Hinblick auf die Förderung der Achtung der Rechtsstaatlichkeit im OSZE-Raum,
unter Berücksichtigung einschlägiger OSZE-Veranstaltungen zum Thema Rechtsstaatlichkeit, ins- besondere des Seminars zur menschlichen Dimension 2008 zum Thema Verfassungsgerichtsbar- keit sowie einschlägiger Zusätzlicher Treffen zur menschlichen Dimension,
unter Berücksichtigung der in den Teilnehmerstaaten laufenden oder geplanten bilateralen Akti- vitäten hinsichtlich der Rechtsstaatlichkeit,
unter Betonung der Tatsache, dass es wichtig ist, der OSZE Rechtspersönlichkeit, Rechtsfähigkeit sowie Vorrechte und Immunitäten einzuräumen und somit die rechtliche Grundlage der OSZE zu stärken,
1. ruft die OSZE-Teilnehmerstaaten auf, ihren völkerrechtlichen Verpflichtungen und ihren OSZE- Verpflichtungen in Bezug auf Rechtsstaatlichkeit auf internationaler wie auch auf nationaler Ebene nachzukommen, einschließlich aller Aspekte ihrer Gesetzgebung, Verwaltung und Justiz;
2. ruft die Teilnehmerstaaten auf, gegebenenfalls zu OSZE-Projekten und -Programmen beizutra- gen, deren Ziel die Unterstützung der Rechtsstaatlichkeit ist;
352 Helsinki 2008
3. legt den einschlägigen Durchführungsorganen der OSZE nahe, im Einklang mit ihrem jeweili- gen Mandat und im Rahmen der vorhandenen Ressourcen sowie in Zusammenarbeit mit einschlä- gigen internationalen Organisationen weiter nach Synergien zu suchen und diese zu nutzen, um Teilnehmerstaaten auf deren Ersuchen bei der Stärkung der Rechtsstaatlichkeit zu unterstützen;
4. legt den Teilnehmerstaaten nahe, gegebenenfalls mit Unterstützung einschlägiger Durchfüh- rungsorgane der OSZE im Einklang mit deren Mandaten und im Rahmen der vorhandenen Res- sourcen ihre Bemühungen um Weitergabe von Informationen und nachahmenswerten Praktiken fortzusetzen und zu verstärken und die Rechtsstaatlichkeit unter anderem in folgenden Berei- chen zu stärken: • Unabhängigkeit der Rechtsprechung, effiziente Rechtspflege, Recht auf ein faires Verfahren, Anspruch auf Zugang zu einem Gericht, Rechenschaftspflicht staatlicher Institutionen und Beamter, Achtung der Rechtsstaatlichkeit in der öffentlichen Verwaltung, Anspruch auf recht- lichen Beistand und Achtung der Menschenrechte von Inhaftierten; • Einhaltung völkerrechtlicher Verpflichtungen als Schlüssel zur Stärkung der Rechtsstaatlich- keit im OSZE-Raum; • Bekenntnis zum Prinzip der friedlichen Beilegung von Streitigkeiten; • Achtung der Rechtsstaatlichkeit und der Menschenrechte im Kampf gegen den Terrorismus im Einklang mit ihren völkerrechtlichen Verpflichtungen und OSZE Verpflichtungen; • Verhütung von Folter bzw. einer anderen grausamen, unmenschlichen oder erniedrigenden Behandlung oder Strafe, unter anderem durch Zusammenarbeit mit den zuständigen zwischen- staatlichen Organen; • wirksame Rechtsvorschriften und Rahmenbedingungen in Verwaltung und Justiz, um wirt- schaftliche Aktivitäten, Handel und Investitionen in den Teilnehmerstaaten und zwischen ihnen zu erleichtern; • Achtung der Rechtsstaatlichkeit im Hinblick auf den Schutz der natürlichen Umwelt im OSZE- Raum; • Bewusstseinsbildung für Fragen der Rechtsstaatlichkeit an Gerichten, bei Strafverfolgungsbe- hörden, bei der Polizei und im Strafvollzug sowie in der Ausbildung von Juristen; • Rechtsstaatlichkeit als Unterrichtsthema sowie Interaktions- und Austauschmöglichkeiten für Juristen, Wissenschaftler und Studenten der Rechtswissenschaften aus verschiedenen Teilneh- merstaaten in der OSZE-Region; • die Rolle der Verfassungsgerichte oder vergleichbarer Institutionen der Teilnehmerstaaten als Garanten, dass sich alle staatlichen Institutionen das Handeln im Einklang mit Rechtsstaatlich- keit, Demokratie und Menschenrechten zum Prinzip machen; • gegebenenfalls Bereitstellung wirksamer Rechtsbehelfe und Zugang zu diesen; • Einhaltung rechtsstaatlicher Standards und Gepflogenheiten in der Strafrechtspflege; • Kampf gegen Korruption;
5. beauftragt die einschlägigen Durchführungsorgane der OSZE, in enger Absprache und Zusam- menarbeit mit den Teilnehmerstaaten und im Rahmen der vorhandenen Ressourcen im Jahr 2009 ein Seminar mit dem Schwerpunktthema Rechtsstaatlichkeit zu veranstalten, das als Plattform für den Austausch bewährter Praktiken zwischen den Teilnehmerstaaten zu Fragen der Rechtsstaat- lichkeit dienen könnte.
353 Helsinki 2008
Beschluss Nr. 8/08
Beitrag der OSZE zur Umsetzungsphase der Initiative „Allianz der Zivilisationen“
Der Ministerrat,
im Bewusstsein der Notwendigkeit, das Verständnis füreinander und kooperative Beziehungen zwischen den Nationen über alle Kulturen und Zivilisationen hinweg zu fördern,
entschlossen, der Radikalisierung und dem gewalttätigen Extremismus, die zu Terrorismus füh- ren, entgegenzuwirken,
unter Betonung der Rolle der OSZE als regionale Abmachung im Sinne von Kapitel VIII der Charta der Vereinten Nationen,
unter Hervorhebung des ungebrochenen Interesses der OSZE an der unter der Schirmherrschaft der Vereinten Nationen begründeten Initiative „Allianz der Zivilisationen“ entsprechend den Minis- terratsbeschlüssen von Laibach, Brüssel und Madrid,
unter erneutem Hinweis auf unsere Verpflichtungen zur Bekämpfung von Intoleranz und Diskri- minierung und zur Förderung der gegenseitigen Achtung und des Verständnisses füreinander,
unter Hinweis auf den ersten Beitrag der OSZE zur Initiative „Allianz der Zivilisationen“, der dem Generalsekretär der Vereinten Nationen 2006 unterbreitet wurde,
unter Berücksichtigung des vom Hohen Beauftragten der Vereinten Nationen für die Initiative „Allianz der Zivilisationen“ ausgearbeiteten Umsetzungsplans,
beschließt, im Rahmen der vorhandenen Ressourcen:
1. den Generalsekretär der OSZE zu ermächtigen, die Entwicklung der „Allianz der Zivilisatio- nen“ zu verfolgen und eine Zusammenarbeit im Rahmen der „Allianz der Zivilisationen“ in Bezug auf Projekte in Bereichen von gemeinsamem Interesse und beiderseitigem Nutzen, die die Umset- zung von OSZE-Verpflichtungen voranbringen, in Erwägung zu ziehen, und beauftragt ihn, den Teilnehmerstaaten Bericht zu erstatten;
2. dem Generalsekretär der OSZE zu empfehlen, nach Rücksprache mit dem Amtierenden Vorsit- zenden am bevorstehenden Zweiten Forum der Initiative „Allianz der Zivilisationen“ am 2. und 3. April 2009 in Istanbul teilzunehmen und den Teilnehmerstaaten über dessen Ergebnis zu berichten.
Beschluss Nr. 10/08
Weitere Förderung der Terrorismusbekämpfung durch die OSZE
Der Ministerrat,
unter erneuter Betonung der Entschlossenheit der OSZE-Teilnehmerstaaten, den Terrorismus in allen seinen Arten und Erscheinungsformen als Verbrechen zu bekämpfen, für das es, was auch immer seine Motivation oder Ursache sein mag, keine Rechtfertigung gibt, und diesen Kampf unter Einhaltung der Rechtsstaatlichkeit und im Einklang mit ihren Verpflichtungen nach dem
354 Helsinki 2008
Völkerrecht, insbesondere den internationalen Menschenrechtsnormen, dem Flüchtlingsrecht und dem humanitären Völkerrecht, zu führen,
in Bekräftigung der bestehenden OSZE-Verpflichtungen im Kampf gegen den Terrorismus und der Absicht, Aktivitäten gegen den Terrorismus auch weiterhin hohen Stellenwert in der OSZE einzuräumen,
in Bekräftigung der Unterstützung der OSZE-Teilnehmerstaaten für die Weltweite Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus,
erfreut über die von den Führern der G-8 auf dem Gipfeltreffen von Hokkaido Toyako am 9. Juli 2008 verabschiedete Erklärung zur Terrorismusbekämpfung,
unter erneutem Hinweis auf die Notwendigkeit, den Bedingungen entgegenzuwirken, die geeig- net sind, den Terrorismus zu begünstigen und zu unterstützen, insbesondere indem Demokratie und Rechtsstaatlichkeit uneingeschränkt geachtet werden, allen Bürgern die volle Teilnahme am politischen Leben zugestanden wird, in ihrer Gesellschaft Diskriminierung verhindert und zum interkulturellen und interreligiösen Dialog ermutigt wird, die Zivilgesellschaft in die Suche nach gemeinsamen politischen Lösungen von Konflikten eingebunden wird, die Menschenrechte und Toleranz gefördert werden und die Armut bekämpft wird,
unter Hinweis, unter anderem, auf die Erklärung des Ministerrats von Sofia zur Verhütung und Bekämpfung des Terrorismus (2004), die Ministererklärung von Brüssel über die Unterstützung und Förderung des völkerrechtlichen Rahmens für die Bekämpfung des Terrorismus (MC.DOC/5/06) sowie die Ministererklärung von Madrid über die Unterstützung der Weltweiten Strategie der Ver- einten Nationen zur Bekämpfung des Terrorismus (MC.DOC/3/07),
unter Hinweis auf den Beschluss Nr. 5/07 des Ministerrats von Madrid über öffentlich-private Part- nerschaften zur Bekämpfung des Terrorismus sowie auf den Beschluss Nr. 6/07 des Ministerrats von Madrid über den Schutz kritischer Energieinfrastruktur vor Terroranschlägen,
Kenntnis nehmend von der OSZE-Folgekonferenz über öffentlich-private Partnerschaften: Part- nerschaft zwischen staatlichen Behörden, Zivilgesellschaft und Privatwirtschaft zur Bekämpfung des Terrorismus, die am 15. und 16. September 2008 in Wien veranstaltet wurde und zur Ermitt- lung möglicher weiterer Bereiche der Zusammenarbeit auf dem Gebiet öffentlich-privater Part- nerschaften im Hinblick auf die Bekämpfung des Terrorismus beitrug,
Kenntnis nehmend von der Arbeitstagung zur Verhütung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, die am 24. Oktober 2008 in Wien abgehalten wurde und bei der die Notwendigkeit eines besseren Verständnisses des Phänomens und dimensions- übergreifender Reaktionen festgestellt wurde,
Kenntnis nehmend von der Arbeitstagung über die Verstärkung der rechtlichen Zusammenar- beit in Strafsachen im Zusammenhang mit Terrorismus, die am 1. und 2. April 2008 in Ankara (Türkei) stattfand und die Notwendigkeit einer verstärkten Zusammenarbeit in diesem Zusam- menhang unterstrich,
ferner in Kenntnisnahme der subregionalen OSZE-Konferenz 2008 in Zentralasien über öffent- lich-private Partnerschaft, die am 4. und 5. November 2008 in Bischkek (Kirgisische Republik) stattfand und die Bedeutung des Aufbaus öffentlich-privater Partnerschaften für die Terrorismus- bekämpfung auf regionaler und subregionaler Ebene deutlich machte,
355 Helsinki 2008
Kenntnis nehmend von der im System der Vereinten Nationen durchgeführten Überprüfung der Umsetzung der Weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus, an der sich die OSZE-Aktivitäten zur Bekämpfung des Terrorismus orientieren, sowie ihres Beitrags zur Belebung der weltweiten Bemühungen zur Bekämpfung des Terrorismus,
1. fordert die Teilnehmerstaaten und die Durchführungsorgane der OSZE auf, ihre Bemühun- gen im Hinblick auf einen aktiven Beitrag zur Umsetzung der Weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus und anderer Dokumente der Vereinten Nationen zur Bekämpfung des Terrorismus fortzusetzen;
2. fordert die Teilnehmerstaaten auf, weiterhin öffentlich-private Partnerschaften mit der Zivil- gesellschaft, den Medien, der Wirtschaft und der Industrie im Hinblick auf die Bekämpfung des Terrorismus zu fördern, unter anderem durch die Weitergabe von Erfahrungen und den Austausch einschlägiger Informationen über nachahmenswerte nationale Praktiken auf Ebene der OSZE wie auch gegebenenfalls auf nationaler, subregionaler und regionaler Ebene;
3. beauftragt den Generalsekretär und die maßgeblichen Durchführungsorgane der OSZE, die Ver- anstaltung von Expertenseminaren, Arbeitstagungen und Simulationen im Jahr 2009 im Rahmen verfügbarer Ressourcen zu unterstützen, die zu Initiativen für öffentlichprivate Partnerschaften in Bereichen wie der Zusammenarbeit mit der Zivilgesellschaft und mit den Medien bei der Terroris- musbekämpfung, der Förderung des interkulturellen und interreligiösen Dialogs bei der Terroris- musbekämpfung, dem Schutz nicht nuklearer kritischer Energieinfrastruktur gegen terroristische Angriffe und der Bekämpfung der Finanzierung von Terrorismus und der Geldwäsche ermutigen, insbesondere in Bezug auf die Umsetzung der Sonderempfehlungen der Arbeitsgruppe „Finanzi- elle Maßnahmen gegen die Geldwäsche“ betreffend die Terrorismusfinanzierung;
4. fordert die Teilnehmerstaaten der OSZE auf, bei der Bekämpfung von gewalttätigem Extremis- mus und Radikalisierung, die in ihrem jeweiligen Land zu Terrorismus führen, von den Durch- führungsorganen der OSZE Gebrauch zu machen. Zu diesem Zweck werden die Teilnehmerstaaten dazu ermutigt, weiterhin Vorstellungen und bewährte nationale Praktiken in Bezug auf ihre Stra- tegien und Maßnahmen zur Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, auszutauschen und ihre Zusammenarbeit mit den Medien, der Wirt- schaft, der Industrie und der Zivilgesellschaft zu verstärken;
5. beauftragt den Generalsekretär, in Rücksprache mit den zuständigen Durchführungsorganen der OSZE im Rahmen der vorhandenen Ressourcen einen Bericht über deren Aktivitäten zur Ter- rorismusbekämpfung auszuarbeiten. Der Bericht sollte auf die bestehenden Mandate und OSZE- Verpflichtungen im Bereich der Terrorismusbekämpfung eingehen und die Tätigkeit der OSZE zur Terrorismusbekämpfung unter Berücksichtigung der Kapazitäten und Ressourcen der OSZE einer Beurteilung unterziehen und den Teilnehmerstaaten bis 1. April 2009 zur Erörterung in den maßgeblichen Gremien übermittelt werden. Danach werden die Teilnehmerstaaten, wie in MC(10). DEC/3 vorgesehen, die Umsetzung der OSZE-Verpflichtungen bei der Terrorismusbekämpfung auf der Jährlichen Sicherheitsüberprüfungskonferenz 2009 überprüfen;
6. ermutigt die Kooperationspartner dazu, die Bestimmungen dieses Beschlusses freiwillig umzu- setzen, und lädt sie ein, an den im Rahmen dieses Beschlusses durchzuführenden Aktivitäten teil- zunehmen.
356 Dokument des siebzehnten Treffens des Ministerrats Athen 2009
I. Erklärungen des Ministerrats
Ministererklärung zum Korfu-Prozess der OSZE: Die Sicherheit und Zusammenarbeit von Vancouver bis Wladiwostok erneut bekräftigen-überdenken- wiederbeleben
1. Wir, die Außenminister der 56 Teilnehmerstaaten der Organisation für Sicherheit und Zusam- menarbeit in Europa, treten nach unserem informellen Treffen in Korfu zum zweiten Mal in die- sem Jahr zusammen, um die bedeutenden Fortschritte feierlich zu begehen, die wir gemeinsam seit der Wiedervereinigung Europas und der Überwindung seiner einstigen Teilung verwirklicht haben. Erneut erklären wir, dass die Vision eines freien, demokratischen und stärker integrierten OSZE-Raumes von Vancouver bis Wladiwostok ohne Trennlinien und Zonen mit unterschiedlichem Sicherheitsniveau nach wie vor unser gemeinsames Ziel ist, das zu erreichen wir entschlossen sind.
2. Um dieses Ziel zu verwirklichen, bleibt noch viel zu tun. Nach wie vor bereitet uns große Sorge, dass die Prinzipien der Schlussakte von Helsinki und die OSZE-Verpflichtungen nicht vollständig eingehalten und umgesetzt werden; dass man im Einsatz von Gewalt noch immer eine Möglichkeit zur Beilegung von Auseinandersetzungen sieht; dass die Gefahr von Konflikten zwischen Staaten noch nicht endgültig aus der Welt geschafft ist und es sogar in den letzten Jahrzehnten zu bewaff- neten Konflikten kam; dass es nach wie vor Spannungen gibt und viele Konflikte noch immer nicht gelöst sind; dass der Stillstand in der konventionellen Rüstungskontrolle, in der Lösung von Mei- nungsverschiedenheiten auf diesem Gebiet, in der Wiederaufnahme der vollständigen Umsetzung des KSE- Vertragsregimes und in der Wiederherstellung von dessen Funktionsfähigkeit dringend ein abgestimmtes Vorgehen der Vertragsstaaten erfordert; und dass unsere gemeinsamen Errun- genschaften auf den Gebieten Rechtsstaatlichkeit, Menschenrechte und Grundfreiheiten voll- ständig abgesichert und ausgebaut werden müssen. Dies alles in einer Zeit, in der es mehr denn je geboten ist, eine gemeinsame Antwort auf die neuen transnationalen Bedrohungen zu finden.
3. Es ist uns bewusst, dass wir zur Bewältigung dieser – durch die aktuelle weltweite Finanz- und Wirtschaftskrise verschärften – Sicherheitsherausforderungen uns erneut zu unserer Verpflich- tung bekennen sollten, Ergebnisse auf dem Weg des multilateralen Dialogs und der multilate- ralen Zusammenarbeit herbeiführen zu wollen. Oberste Priorität ist es, das Vertrauen zwischen uns wieder herzustellen und uns wieder den Sinn unseres gemeinsamen Zieles in Erinnerung zu rufen, das unsere Vorgänger vor nunmehr fast 35 Jahren in Helsinki vereinte. Im Zusammenhang damit begrüßen wir den auf dem Ministerrat von Helsinki 2008 eingeleiteten und vom griechi- schen Vorsitz im Juni 2009 als „Korfu-Prozess“ zur Verwirklichung der oben erwähnten Ziele aufgenommenen Dialog über gegenwärtige und künftige sicherheitspolitische Herausforderun- gen im euroatlantischen und eurasischen Raum. Das in Korfu erstmalig abgehaltene informelle OSZE-Ministertreffen mit seinem breiten Teilnehmerkreis erachten wir als Meilenstein in diesem
357 Athen 2009
Prozess, in dem unser politischer Wille zum Ausdruck kam, uns den sicherheitspolitischen Her- ausforderungen in allen drei OSZE-Dimensionen zu stellen.
4. Bereits jetzt hat der Korfu-Prozess die Qualität unseres politischen Dialogs in der OSZE über Sicherheit und Zusammenarbeit von Vancouver bis Wladiwostok verbessert und zu dessen Wie- derbelebung beigetragen. Wir haben uns dazu verpflichtet, diesen Prozess, für den wir uns ehrgei- zige, konkrete und pragmatische Ziele vorgenommen haben, fortzusetzen und weiterzuentwickeln und uns zugleich auch auf die Kernfragen unserer bisherigen Arbeit zu konzentrieren. Die Reak- tion der OSZE Aufgrund ihres breiten Teilnehmerkreises und ihres mehrdimensionalen Ansatzes für gemeinsame, umfassende, kooperative und unteilbare Sicherheit bietet die OSZE das geeig- nete Forum für diesen Dialog. Wir begrüßen die wertvollen Beiträge aller mit Sicherheitsfragen befassten einschlägigen Organisationen und Institutionen auf der Grundlage der Plattform für kooperative Sicherheit.
5. Der Dialog im Rahmen des Korfu-Prozesses wird in der OSZE und in den Prinzipien Gleichheit, Partnerschaft, Zusammenarbeit, Nicht-Ausschluss und Transparenz verankert sein. Sein Ziel wird es sein, sich mit Meinungsverschiedenheiten offen, aufrichtig und unvoreingenommen auseinander- zusetzen, im Bewusstsein unserer Unterschiedlichkeit und Anliegen, im Geiste gegenseitiger Ach- tung und des Verständnisses füreinander. Er wird auf drei grundsätzlichen Leitgedanken aufbauen: (a) Festhalten am Konzept der umfassenden, kooperativen und unteilbaren Sicherheit, wie es in den Grundlagendokumenten der OSZE verankert ist (b) Einhaltung der OSZE-Normen, -Prinzipien und -Verpflichtungen in allen drei Dimensionen der OSZE, nach Treu und Glauben, ohne Einschränkung und von allen in gleicher Weise; (c) Entschlossenheit, die Partnerschaft und Zusammenarbeit im OSZE-Raum zu stärken sowie die Wirksamkeit der OSZE und ihren Beitrag zur Sicherheit in unserem gemeinsamen Raum zu verstärken.
6. Unsere ständigen Vertreter bei der OSZE in Wien werden den Korfu-Prozess im Einklang mit dem heute gefassten Beschluss weiterentwickeln. Wir stehen zu unserer Zusage, dem Korfu-Pro- zess einen starken politischen Anstoß zu geben und sehen der erneuten Beurteilung seiner Ent- wicklung 2010 entgegen, die in einem Format und auf einer Ebene erfolgen wird, die uns geeignet erscheinen, und bei der wir uns ansehen werden, welche Ergebnisse wir erreicht haben. (…)
Ministererklärung zum fünfundsechzigsten Jahrestag des Endes des zweien Weltkriegs
2010 jährt sich zum fünfundsechzigsten Mal das Ende der Schlachten des Zweiten Weltkriegs, der unendliches Leid und Zerstörung mit sich brachte. Dieser Krieg erwies sich als eine der größten Tragödien, die die Völker Europas und der ganzen Welt heimsuchten. Er dauerte sechseinhalb Jahre und forderte unzählige Millionen Tote. Im Krieg kam es zu Verletzungen der Menschen- rechte und Freiheiten, zu Verbrechen gegen den Frieden, Kriegsverbrechen und Verbrechen gegen die Menschlichkeit.
Wir trauern um alle Menschen, die als Opfer des Krieges, durch den Holocaust, Besetzungen und Unterdrückung ums Leben kamen. Wir erweisen den Kriegsteilnehmern und allen, die für den Sieg der Menschlichkeit über Faschismus, Diktatur, Unterdrückung und Aggression kämpften, die Ehre. Die Zeit wird die Bedeutung ihres Opfers nicht schmälern und wir werden stets ihrer heldenhaften Taten gedenken.
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Fest entschlossen zu verhindern, dass es in Europa und weltweit wieder zu einer solchen Katast- rophe kommt, haben unsere Länder ein klares und unmissverständliches Bekenntnis zu Frieden, Sicherheit und Demokratie, insbesondere durch die Gründung der Vereinten Nationen und die Schaffung regionaler Organisationen, abgegeben. Heute erfüllen uns unsere gemeinsamen Leis- tungen mit Stolz, und wir begrüßen mit Freude die Fortschritte der letzten fünfundsechzig Jahre bei der Bewältigung des tragischen Erbes des Zweiten Weltkriegs, hin zu weltweitem Frieden und weltweiter Sicherheit, zu Versöhnung, internationaler und regionaler Zusammenarbeit und zur För- derung der demokratischen Werte, der Menschenrechte und Grundfreiheiten. Wir unterstreichen die wichtige Rolle, die die KSZE und OSZE in den letzten Jahrzehnten diesbezüglich gespielt haben.
Eingedenk der Schlussakte von Helsinki, der Charta von Paris für ein neues Europa, der Europäi- schen Sicherheitscharta und anderer vereinbarter OSZE-Dokumente sollten wir keine Trennlinien dulden und werden wir keine Anstrengung scheuen, um zu verhindern, dass sich neue Gräben im OSZE-Raum auftun, und um auszumerzen, woraus Feindseligkeit, Spannungen und Konfronta- tion entstehen können. Wir bekräftigen unseren Standpunkt, dass innerhalb der OSZE kein Staat oder keine Staatengruppe irgendeinen Teil des OSZE-Raumes als seinen Einflussbereich beanspru- chen kann. Wir sind entschlossen, unsere gemeinsamen Bemühungen im Hinblick auf die Schaf- fung eines gemeinsamen und unteilbaren Sicherheitsraums im OSZE-Gebiet auf der Grundlage von Demokratie, Rechtsstaatlichkeit, wirtschaftlichem Wohlstand, sozialer Gerechtigkeit und der Achtung der Menschenrechte und Grundfreiheiten, einschließlich der Rechte von Angehörigen nationaler Minderheiten, zu schaffen. Dies ist und bleibt unser gemeinsames Ziel.
Eine ehrliche und eingehende Erforschung der Geschichte des Zweiten Weltkriegs trägt zur Ver- söhnung bei.
Aus der Geschichte wissen wir um die Gefahren von Intoleranz, Diskriminierung, Extremismus und Hass aus ethnischen, rassischen und religiösen Motiven. Wir sind entschlossen, diese Bedro- hungen zu bekämpfen, auch durch die OSZE, und weisen alle Versuche, sie zu rechtfertigen, mit Nachdruck zurück.
Wir verurteilen aufs schärfste jegliche Leugnung des Holocausts. Wir verurteilen alle Formen der ethnischen Säuberung. Wir bekräftigen unser unverändertes Bekenntnis zu dem am 9. Dezember 1948 verabschiedeten Übereinkommen der Vereinten Nationen über die Verhütung und Bestra- fung des Völkermords und rufen die Teilnehmerstaaten dazu auf, alles in ihrer Macht Stehende zu tun, um dafür sorgen, dass heute und in allen Zeiten jeder Versuch, Völkermord zu begehen, verhindert wird. Wer sich solcher Verbrechen schuldig macht, sollte vor Gericht gestellt werden.
Die Lehren aus dem Zweiten Weltkrieg haben auch heute noch Gültigkeit, sind wir doch aufge- rufen, mit vereinten Kräften und Bemühungen den Bedrohungen und Herausforderungen unse- rer gemeinsamen Sicherheit und Stabilität entgegenzutreten und unsere gemeinsamen Prinzipien zu verteidigen. Mit neuen Zeiten kamen neue Bedrohungen und Herausforderungen, von denen der Terrorismus eine der gefährlichsten ist. Wir werden ihn und andere Sicherheitsbedrohungen gemeinsam, unter anderem durch die OSZE, bekämpfen.
Wir sind der Überzeugung, dass die friedliche Lösung aller bestehenden Konflikte, die Einhal- tung der Völkerrechtsnormen, die Ziele und Grundsätze der Charta der Vereinten Nationen, die Erfüllung der in der Schlussakte von Helsinki und den anderen vereinbarten OSZE-Dokumenten enthaltenen Verpflichtungen der beste Weg ist, um jenen die Ehre zu erweisen, die für Frieden, Freiheit, Demokratie und Menschenwürde gekämpft haben, um aller Opfer des Zweiten Weltkriegs zu gedenken, die Vergangenheit zu bewältigen und die heutige Generation und die kommenden Generationen vor der Geißel des Krieges und der Gewalt zu bewahren.
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Ministererklärung zum 25. Jahrestag der Verabschiedung des Übereinkommens gegen Folter und andere grausame, unmenschliche oder erniedgrigende Behandlung oder Strafe
1. Wir, die Mitglieder des Ministerrats der OSZE, erneuern unser festes Bekenntnis zum Über- einkommen gegen Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe, das von der Generalversammlung der Vereinten Nationen am 10. Dezember 1984 ver- abschiedet wurde und dem alle OSZE-Teilnehmerstaaten beigetreten sind.
2. Aus Anlass des 25. Jahrestags der Verabschiedung dieses Übereinkommens erklären wir erneut, dass – wie auch die Allgemeine Erklärung der Menschenrechte besagt – niemand der Folter oder grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe unterworfen werden darf.
3. Wir sind uns der Tatsache bewusst, dass Folter ein äußerst schweres Verbrechen darstellt, und erklären, dass die Freiheit von Folter und anderer grausamer, unmenschlicher oder erniedrigen- der Behandlung oder Strafe ein Recht ist, von dem es keine Ausnahme geben kann und das die dem Menschen innewohnende Würde und Unversehrtheit schützt.
4. Wir verurteilen aufs Schärfste alle Formen der Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe, die immer und überall verboten sind und verboten bleiben und niemals zu rechtfertigen sind.
5. Es erfüllt uns mit großer Sorge, dass Folter und andere grausame, unmenschliche oder ernied- rigende Behandlung oder Strafe in vielen Teilen der Welt, darunter auch in OSZETeilnehmers- taaten, nach wie vor stattfinden.
6. Wir geloben daher, das im Übereinkommen festgelegte absolute Verbot der Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe zu achten, seine Bestim- mungen uneingeschränkt nach Treu und Glauben zu erfüllen und im vollen Einklang mit allen seinen Prinzipien zu handeln.
7. Wir fordern die Teilnehmerstaaten, die dies noch nicht getan haben, auf, einen möglichst raschen Beitritt zum Fakultativprotokoll zum Übereinkommen in Erwägung zu ziehen.
8. Wir bekräftigen auch unsere Entschlossenheit, unsere gemeinsamen OSZE-Verpflichtungen zur Ausmerzung der Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe vollständig umzusetzen.
9. Wir werden uns verstärkt bemühen, nachhaltige, entschlossene und wirksame Maßnahmen zur Verhütung und Bekämpfung der Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung zu ergreifen und für eine vollständige Rehabilitierung der Folteropfer Sorge zu tragen.
10. Wir anerkennen den wertvollen Beitrag der OSZE zur Förderung der im Übereinkommen ver- ankerten Prinzipien und Bestimmungen.
11. Wir erachten es zu diesem Zweck als wichtig, mit den maßgeblichen internationalen Regie- rungsinstitutionen uneingeschränkt zusammenzuarbeiten.
12. Wir würdigen das unermüdliche Bemühen der Zivilgesellschaft, sich für die Verhütung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe ein- zusetzen und das Leid der Opfer zu lindern.
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II. Beschlüsse des Ministerrats
Beschluss Nr. 1/09
Förderung des Korfu-Prozesses
Der Ministerrat,
in Würdigung der Initiative des griechischen Vorsitzes, der – ausgehend von den Ergebnissen unse- res informellen Ministertreffens in Korfu – einen breit angelegten und offenen Dialog in Wien über die Schlüsselfragen der umfassenderen europäischen Sicherheit in Gang gesetzt hat,
ermutigt vom positiven Geist dieses Dialogs und in Anbetracht der zahlreichen Vorschläge, die von den Delegationen im Zuge dieses Dialogs eingebracht wurden,
in Anerkennung der Notwendigkeit, den Korfu-Prozess fortzusetzen und den Dialog zu vertiefen, um das Verständnis zu fördern und das Vertrauen zu verstärken, und darüber hinaus Vorschläge zur Stärkung der Fähigkeiten der OSZE zur Bewältigung der Sicherheitsbedrohungen und zur Erbringung konkreter Ergebnisse weiterzuentwickeln, im Rahmen der Bemühungen um Sicher- stellung eines umfassenden und ausgewogenen Sicherheitsansatzes,
beschließt zu diesem Zweck:
1. den Vorsitz der OSZE zu beauftragen, 2010 in enger Absprache mit den aufeinander folgenden Vorsitzen des FSK im Rahmen des Korfu-Prozesses durch regelmäßige informelle Sitzungen den informellen, regelmäßigen und offenen Dialog auf Ebene der ständigen Vertreter gegebenenfalls mit Verstärkung aus den Hauptstädten fortzusetzen, um die Bereiche, in denen Einvernehmen besteht, auszuweiten und zur Konsensbildung beizutragen.
Unter Berücksichtigung der ersten Einschätzung der größten Bedrohungen und Herausforde- rungen für unsere Sicherheit und Zusammenarbeit, die bisher vom Korfu-Prozess ermittelt wur- den, wird sich der künftige Dialog auf Fragen im Zusammenhang mit Folgendem konzentrieren: • Umsetzung aller Normen, Grundsätze und Verpflichtungen der OSZE • die Rolle der OSZE bei der Frühwarnung, Konfliktverhütung und -lösung, Krisenbewältigung und Stabilisierung der Lage in der Konfliktfolgezeit; • die Rolle der Systeme für Rüstungskontrolle und Vertrauens- und Sicherheitsbildung für den Aufbau von Vertrauen in einem sich laufend verändernden Sicherheitsumfeld • transnationale und multidimensionale Bedrohungen und Herausforderungen; • Herausforderungen im Wirtschafts- und Umweltbereich • Menschenrechte und Grundfreiheiten sowie Demokratie und Rechtsstaatlichkeit; • Verstärkung der Wirksamkeit der OSZE; • Zusammenwirken mit anderen Organisationen und Institutionen auf Grundlage der Plattform für kooperative Sicherheit von 1999.
Im Rahmen des Korfu-Prozesses können die Teilnehmerstaaten alle ihnen relevant erscheinen- den Fragen zur Sprache bringen.
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2. Ausgehend von den Ergebnissen der informellen Treffen der ständigen Vertreter wird der OSZE- Vorsitz in enger Absprache mit dem FSK-Vorsitz einer gemeinsamen erweiterten Sitzung des Stän- digen Rates und des Forums für Sicherheitskooperation bis Ende Juni 2010 einen Zwischenbericht mit einer Zusammenfassung der von den Teilnehmerstaaten im Rahmen des Korfu-Prozesses unter- breiteten Vorschläge zur weiteren Erwägung und möglichen Beschlussfassung vorlegen.
3. Der StR und das FSK werden im Rahmen ihres jeweiligen Mandats und bei Bedarf gemeinsam den Zwischenbericht prüfen und gegebenenfalls Maßnahmen zu den darin enthaltenen Vorschlä- gen in Erwägung ziehen.
4. Die Durchführungsorgane der OSZE werden im Rahmen ihres jeweiligen Mandats auf Ersu- chen Hilfestellung und gegebenenfalls Unterstützung durch Experten zur Verfügung stellen. Auch die Parlamentarische Versammlung der OSZE kann zum Korfu-Prozess einen Beitrag leisten.
Der Vorsitz wird nach enger Absprache mit den Teilnehmerstaaten die Kooperationspartner der OSZE, internationale, regionale und subregionale Organisationen und Institutionen sowie Vertre- ter der akademischen Welt und von NROs auf Ad-hoc-Basis einladen, einen Beitrag zu den Dis- kussionen zu leisten.
5. Die Einbindung des Ständigen Rates und des Forums für Sicherheitskooperation in den Korfu- Prozess wird deren Aufmerksamkeit nicht von ihrem jeweiligen Mandat, ihrer normalen Tages- ordnung und ihren regelmäßigen Aktivitäten ablenken.
Beschluss Nr. 2/09
Weitere Bemühungen der OSZE im Umgang mit Transnationalen Bedrohungen und Herausforderungen für die Sicherheit und Stabilität
Der Ministerrat,
in der Erkenntnis, dass das sich laufend verändernde Sicherheitsumfeld des 21. Jahrhunderts ebenso wie der Globalisierungsprozess neue Bedrohungen und Herausforderungen von transna- tionalem und multidimensionalem Charakter für die Sicherheit und Stabilität entstehen lassen, auf die umfassend, multidimensional und kollektiv reagiert werden muss,
bekräftigend, dass die strikte Einhaltung des Völkerrechts und der Grundsätze der Charta der Vereinten Nationen nach wie vor im Mittelpunkt unserer Bemühungen um die Verhütung und Bekämpfung von Bedrohungen für die Stabilität und Sicherheit steht und dass der Sicherheits- rat der Vereinten Nationen die Hauptverantwortung für die Wahrung des Weltfriedens und der internationalen Sicherheit trägt und auch weiterhin eine unverzichtbare Rolle für die Sicherheit und Stabilität in der Welt spielt,
zuversichtlich, dass die OSZE dank ihres breit gestreuten Teilnehmerkreises, ihres themenspezi- fischen Fachwissens und des ihr eigenen Konzepts der gemeinsamen, umfassenden, kooperativen und unteilbaren Sicherheit einen echten Beitrag zur Entwicklung kooperativer Reaktionen auf diese Herausforderungen leisten kann, in Anerkennung der aktiven Rolle, die die OSZE in ihrer gesamten Region in Bezug auf transnationale Bedrohungen über ihr Sekretariat, ihre Institutio- nen und ihre Feldoperationen spielt, die wichtige Instrumente der Unterstützung für alle Teilneh- merstaaten bei der Umsetzung von deren Verpflichtungen in allen drei Dimensionen sind, und in Bekräftigung der Wichtigkeit, die Zusammenarbeit mit der Parlamentarischen Versammlung in allen einschlägigen Fragen zu verstärken,
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bekräftigend, dass die Achtung der Menschenrechte und Grundfreiheiten sowie Demokratie und Rechtstaatlichkeit im Mittelpunkt des umfassenden Sicherheitskonzepts der OSZE stehen, und in Anerkennung der Tatsache, dass starke demokratische Institutionen und die Rechtstaatlich- keit eine wichtige Rolle zur Verhütung des Entstehens von transnationalen Bedrohungen spielen,
in der Erwägung, dass Konflikte zwischen Staaten und innerhalb von Staaten im gesamten OSZE- Raum zu Instabilität und anderen Arten von Risiken und Bedrohungen wie Terrorismus, Ver- breitung von Massenvernichtungswaffen, übermäßiger und destabilisierender Anhäufung und unkontrollierter Verbreitung von SALW, Menschenrechtsverletzungen, Massenvertreibung, Ver- schlechterung der sozioökonomischen Lage und illegaler Migration führen können,
in der Erkenntnis, dass die Nichteinhaltung des Völkerrechts und der OSZE-Normen und -Prin- zipien sowie verschiedenste Faktoren der politisch-militärischen, Wirtschafts- und Umwelt- und menschlichen Dimension die tieferen Ursachen der unmittelbaren Auslöser gewaltsamer Kon- flikte sind,
mit dem Ausdruck der Anerkennung für den Beitrag der OSZE zu den weltweiten Anstrengungen im Kampf gegen den Terrorismus, insbesondere in Unterstützung der Bemühungen der Vereinten Nationen und durch enge Zusammenarbeit mit anderen internationalen und regionalen Organi- sationen, sowie für die richtungweisenden Programme der OSZE in Bereichen wie dem Vorgehen gegen die Nutzung des Internets für terroristische Zwecke, der Förderung von Partnerschaften zwi- schen dem öffentlichen und dem privaten Sektor zur Bekämpfung des Terrorismus, der Verbesse- rung der Sicherheit von Reisedokumenten und der rechtlichen Zusammenarbeit in Strafsachen zur Terrorismusbekämpfung, dem Vorgehen gegen gewalttätigen Extremismus und Radikalisierung, die zu Terrorismus führen, und dem Schutz kritischer Energieinfrastruktur vor Terroranschlägen,
Kenntnis nehmend vom Beitrag der OSZE zu den internationalen Bemühungen im Kampf gegen organisierte Kriminalität, einschließlich des unerlaubten Handels mit Suchtstoffen, der Schleu- sung von Migranten, der illegalen Zuwanderung und des Menschenhandels, sowie zur Bekämp- fung anderer transnationaler Bedrohungen durch die Bereitstellung von einschlägigem Fachwissen und die Unterstützung der Teilnehmerstaaten in Fragen der Strafverfolgung,
unter Hinweis auf unsere Verpflichtung, die Rolle der OSZE in zivilpolizeilichen Aktivitäten als festen Bestandteil der Bemühungen der Organisation um Konfliktverhütung, Krisenmanagement und Stabilisierung der Lage in der Konfliktfolgezeit zu verstärken, und Kenntnis nehmend von den Aktivitäten der OSZE im polizeilichen Bereich, einschließlich Aufbau von Kapazitäten, demokra- tischer Polizeischulung und Schulung in den wichtigsten polizeilichen Aufgaben,
Kenntnis nehmend von den Fortschritten in der Arbeit der OSZE in den Bereichen Grenzsiche- rung und Grenzmanagement auf der Grundlage des Konzepts für Grenzsicherung und -manage- ment der OSZE von 2005, und die Wichtigkeit bekräftigend, die OSZE-Kapazitäten zur Förderung offener und sicherer Grenzen zu verstärken und gegebenenfalls die Zusammenarbeit zwischen den Staaten zum Nutzen aller als ein Mittel im Umgang mit den Bedrohungen Terrorismus, orga- nisierte Kriminalität, illegale Zuwanderung und illegaler Handel mit Waffen, Drogen und Men- schen auszuweiten,
in Würdigung der bei der Umsetzung von MC.DEC/4/07 über das Engagement der OSZE in Afghanistan erreichten Fortschritte und mit der Aufforderung, diesen Beschluss entschlossener umzusetzen,
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in dem Bewusstsein, dass Bedrohungen für die Sicherheit und Stabilität in der OSZE-Region am ehesten destabilisierende Folgen von Entwicklungen sind, die quer durch die politisch-militäri- sche, Wirtschafts- und Umwelt- sowie die menschliche Dimension verlaufen,
eingedenk der Tatsache, dass transnationale Bedrohungen für die Teilnehmerstaaten ihren Ursprung auch in Nachbarregionen des OSZE-Raumes haben können und als solche Reaktionen erfordern, die eng mit den OSZE-Kooperationspartnern und einschlägig tätigen internationalen und regio- nalen Organisationen koordiniert werden müssen,
in Bekräftigung der unveränderten Gültigkeit der OSZE-Strategie gegen Bedrohungen der Sicher- heit und Stabilität im 21. Jahrhundert von 2003, die eine multidimensionale, umfassende und kooperative Basis für die Aktivitäten der OSZE in diesem Bereich bietet,
in Würdigung der im Ständigen Rat und im Forum für Sicherheitskooperation im Rahmen ihrer jeweiligen Mandate laufenden Arbeit in Bezug auf transnationale Bedrohungen,
in Anerkennung der Bereitschaft der Teilnehmerstaaten, einen umfassenden OSZE-Ansatz zur Verbesserung der Sicherheit des Internets zu fördern, wie die Ergebnisse der OSZE-Arbeitstagung zu dieser Frage im März 2009 gezeigt haben,
in Anerkennung der Bemühungen des Sekretariats, die Teilnehmerstaaten im Umgang mit trans- nationalen Bedrohungen und Herausforderungen in der Wirtschafts- und Umweltdimension, unter anderem auch in Fragen wie illegale Zuwanderung, Good Governance, Verkehr und Energiesi- cherheit, und mit den Auswirkungen von Umweltproblemen auf die Sicherheit zu unterstützen,
bekräftigend, dass diskriminierendes und intolerantes Verhalten, das seinen Ursprung etwa in ethnischen und religiösen Spannungen, aggressivem Nationalismus, Chauvinismus und Frem- denfeindlichkeit haben und auch durch Rassismus, Antisemitismus und gewalttätigen Extremis- mus sowie durch den Mangel an Achtung der Rechte von Angehörigen nationaler Minderheiten ausgelöst werden kann, die Sicherheit des Einzelnen gefährden und zu Konflikten und Gewalt in größerem Maßstab führen kann,
in der Erkenntnis, dass das Problem der Flüchtlinge und Vertriebenen im gesamten OSZE-Raum, unter anderem im Gefolge von Konflikten, Menschenrechtsverletzungen und Natur- oder durch den Menschen verursachten Katastrophen, die verstärkte Zusammenarbeit aller Teilnehmerstaa- ten und abgestimmtes Handeln erforderlich macht,
in Anerkennung der Bedeutung der umfassenden Bemühungen der OSZE zur Ausmerzung des Menschenhandels und unter gebührender Würdigung der Aktivitäten der Sonderbeauftragten und Koordinatorin für die Bekämpfung des Menschenhandels sowie anderer einschlägiger Durch- führungsorgane der OSZE für ihr Engagement bei der Unterstützung der Teilnehmerstaaten im Kampf gegen den Menschenhandel,
angesichts der Tatsache, dass viele Bedrohungen politisch-militärischer Natur, wie etwa die desta- bilisierende Anhäufung konventioneller Waffen, illegaler Waffenhandel und die Verbreitung von Massenvernichtungswaffen, den Teilnehmerstaaten der OSZE nach wie vor große Sorge bereiten,
in der Erkenntnis, dass die zur Bekämpfung der Verbreitung von Massenvernichtungswaffen und ihrer Trägersysteme erforderlichen Bemühungen sich nicht auf militärische Mittel beschränken, und erfreut über die Verabschiedung eines Praxisleitfadens zu UNSCR 1540 am 30. September 2009 durch das Forum für Sicherheitskooperation,
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in voller Anerkennung, dass transnationale Bedrohungen und Herausforderungen ebenso wie die Zusammenarbeit zwischen Staaten und zwischen Organisationen unverändert ein wichtiges Thema der Beratungen im Rahmen des Korfu-Prozesses sind,
beschließt, die individuellen und kollektiven Bemühungen im Umgang mit transnationalen Bedro- hungen der Sicherheit umfassend und quer durch alle Dimensionen zu intensivieren, wie dies in der OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im 21. Jahrhundert gefordert wird, und dabei vollen Gebrauch vom Know-how und den der OSZE eigenen Stärken zu machen;
beschließt, weitere Möglichkeiten zur Verstärkung der Synergien in der Arbeit der OSZE im Kampf gegen diese Bedrohungen zu untersuchen, etwa auch durch Verbesserung der internen Koordina- tion, durch Zusammenarbeit mit den OSZE-Kooperationspartnern und durch besondere Betonung jener Bereiche, in denen die OSZE einen ganz speziellen Beitrag zur Arbeit der Vereinten Natio- nen leisten und die Tätigkeit anderer internationaler Organisationen, unter anderem auch auf der Grundlage der Plattform für kooperative Sicherheit von 1999, ergänzen kann;
beauftragt alle Durchführungsorgane der OSZE, ihre Bemühungen im Rahmen ihrer derzeitigen Mandate und vorhandenen Ressourcen zu verstärken, um die Reaktionen aller Institutionen der OSZE auf multidimensionale Bedrohungen der Sicherheit weiter zu konsolidieren, insbesondere in jenen Bereichen, die die Mandate mehrerer Durchführungsorgane betreffen;
ersucht den Generalsekretär, auf der Grundlage der gegenwärtigen Mandate des Sekretariats und im Rahmen verfügbarer Ressourcen nach Mitteln und Wegen zur weiteren Stärkung der Koordina- tion der Programmarbeit zwischen den Durchführungsorganen der OSZE gemäß MC.DEC/18/06/ Corr.1 zu suchen, unter besonderer Betonung der multidimensionalen Aktivitäten der OSZE in Bezug auf transnationale Bedrohungen der Sicherheit, und bis 1. April einen ersten Überblick über die Fortschritte vorzulegen und bis spätestens 1. Juni 2010 Vorschläge über die diesbezügliche Pla- nung an den Ständigen Rat zu richten.
Beschluss Nr. 3/09
Weitere Massnahmen zur Unterstützung und Förderung des völkerrechtlichen Rahmens für die Bekämpfung des Terrorismus
Der Ministerrat,
entschlossen, die Aktivitäten der OSZE im Kampf gegen den Terrorismus im Einklang mit dem Völkerrecht und im Sinne der bestehenden OSZE-Verpflichtungen zu verstärken,
bekräftigend, dass die Teilnehmerstaaten ihre Maßnahmen im Kampf gegen den Terrorismus unter voller Achtung der Rechtsstaatlichkeit und im Einklang mit ihren Verpflichtungen aus den Resolutionen des Sicherheitsrats der Vereinten Nationen und weltweit gültigen Übereinkommen und Protokollen zur Verhütung und Beseitigung des Terrorismus, der Weltweiten Strategie der Vereinten Nationen gegen den Terrorismus sowie aus einschlägigen Bestimmungen der interna- tionalen Menschenrechtsnormen, des humanitären Völkerrechts und des internationalen Flücht- lingsrechts durchführen sollten,
unter Hinweis auf die OSZE-Verpflichtungen aus Beschluss Nr. 1 des Ministerrats von Buka- rest (MC(9).DEC/1/Corr.1), der Ministererklärung über das Internationale Übereinkommen zur Bekämpfung von Akten des Nuklearterrorismus (MC.DOC/1/05/Corr.1) und der Ministererklä- rung von Brüssel über die Unterstützung und Förderung des völkerrechtlichen Rahmens für die
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Bekämpfung des Terrorismus (MC.DOC/5/06), und erfreut über die spürbaren Fortschritte hin- sichtlich des Beitritts von Teilnehmerstaaten zu den 12 weltweit gültigen Übereinkünften und Pro- tokollen zur Bekämpfung des Terrorismus der Jahre 1963 -1999 sowie über die Fortschritte bei der Unterzeichnung und Ratifizierung des Internationalen Übereinkommens zur Bekämpfung von Akten des Nuklearterrorismus (2005),
Kenntnis nehmend von den jüngsten Entwicklungen im völkerrechtlichen Rahmen für die Ter- rorismusbekämpfung, insbesondere die Verabschiedung einer Änderung des Übereinkommens über den physischen Schutz von Kernmaterial (2005), des Protokolls zum Übereinkommen zur Bekämpfung widerrechtlicher Handlungen gegen die Sicherheit der Seeschifffahrt (2005) und des Protokolls zum Protokoll zur Bekämpfung widerrechtlicher Handlungen gegen die Sicherheit fes- ter Plattformen, die sich auf dem Festlandsockel befinden (2005), und in dem Bestreben, deren baldiges Inkrafttreten zu erleichtern,
in Anerkennung der Notwendigkeit, die in den weltweit gültigen Übereinkommen und Protokollen zur Bekämpfung des Terrorismus genannten Straftatbestände in nationales Strafrecht, gegebenen- falls auch Verwaltungs- und Zivilrecht, zu übertragen und angemessene Strafen dafür vorzusehen, um die Täter, Organisatoren, Unterstützer und Geldgeber terroristischer Handlungen im Sinne der Rechtsstaatlichkeit vor Gericht zu stellen und die internationale Zusammenarbeit der Justiz- behörden gemäß dem Grundsatz „entweder ausliefern oder strafrechtlich verfolgen“ zu erleich- tern, wie dies in einschlägigen Resolutionen des Sicherheitsrats der Vereinten Nationen und den weltweit gültigen Rechtsinstrumenten gegen den Terrorismus gefordert wirds,
ferner anerkennend, dass OSZE-Teilnehmerstaaten bei ihren diesbezüglichen Bemühungen gege- benenfalls technische Unterstützung benötigen,
in Anerkennung der wichtigen Rolle, die die Parlamentarier bei der Ratifizierung und Umsetzung in innerstaatliches Recht der weltweit gültigen Übereinkommen und Protokolle zur Bekämpfung des Terrorismus spielen,
fordert die OSZE-Teilnehmerstaaten, die die derzeit 13 weltweit gültigen Übereinkommen und Protokolle zur Bekämpfung des Terrorismus noch nicht unterzeichnet haben, nachdrücklich auf, sich nach Kräften um einen unverzüglichen Beitritt zu bemühen und die Bestimmungen dieser Instrumente vollständig umzusetzen;
fordert die OSZE-Teilnehmerstaaten auf, den Beitritt zur Änderung des Übereinkommens über den physischen Schutz von Kernmaterial (2005), zum Protokoll zum Übereinkommen zur Bekämpfung widerrechtlicher Handlungen gegen die Sicherheit der Seeschifffahrt (2005) und zum Protokoll zum Protokoll zur Bekämpfung widerrechtlicher Handlungen gegen die Sicherheit fester Plattfor- men, die sich auf dem Festlandsockel befinden (2005), in Erwägung zu ziehen und sie anschlie- ßend vollständig umzusetzen;
fordert die OSZE-Teilnehmerstaaten auf, den Beitritt zu regionalen und subregionalen Rechtsins- trumenten gegen den Terrorismus in Erwägung zu ziehen, einschließlich des Übereinkommens des Europarats zur Verhütung des Terrorismus;
beauftragt den Generalsekretär, für 2010 im Rahmen der verfügbaren Ressourcen und in Zusam- menarbeit mit UNODC und anderen einschlägigen internationalen Akteuren eine Arbeitstagung zur Unterstützung der Teilnehmerstaaten bei strafrechtlichen Aspekten der Umsetzung der 2005 geschlossenen weltweit gültigen Übereinkommen und Protokolle zur Bekämpfung des Terroris- mus zu organisieren;
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beauftragt den Amtierenden Vorsitz, 2010 in Astana in Abstimmung mit den Durchführungsor- ganen der OSZE, im Rahmen der verfügbaren Ressourcen und in Zusammenarbeit mit UNODC und dem Europarat sowie mit anderen einschlägig tätigen internationalen Partnern eine Exper- tenkonferenz über erfolgreiche Strategien, wirksame politische Konzepte und bewährte Verfah- ren zur Verhütung von Terrorismus zu veranstalten;
fordert die OSZE-Teilnehmerstaaten auf, zur Förderung der weltweit gültigen Übereinkommen und Protokolle zur Bekämpfung des Terrorismus die Zusammenarbeit zwischen den Staaten durch die Weitergabe von technischem Fachwissen zu verstärken, und beauftragt den Generalse- kretär, die Zusammenarbeit zwischen den Staaten auch weiterhin zu erleichtern, unter anderem indem er zwischen den Teilnehmerstaaten die Angebote und Ersuchen um technische Unterstüt- zung zusammenführt;
beauftragt den Generalsekretär und die zuständigen OSZE-Durchführungsorgane, im Rahmen der verfügbaren Ressourcen die Zusammenarbeit mit UNODC bei der Stärkung des rechtlichen Rahmens für die Bekämpfung des Terrorismus durch Förderung der Umsetzung der weltweit gültigen Rechtsinstrumente zur Bekämpfung des Terrorismus fortzusetzen und insbesondere die Unterstützung für das UNODC-Programm zur Verhütung des Terrorismus in folgenden Berei- chen weiter zu verstärken und zu straffen: • Bewusstseinsbildung und Unterstützung bei der politischen Willensbildung in den Teilnehmer- staaten für den Beitritt zu den weltweit gültigen Übereinkommen und Protokollen zur Bekämp- fung des Terrorismus • Bereitstellung von technischer Unterstützung für ersuchende Staaten bei der Ausarbeitung straf- rechtlicher Bestimmungen gegen den Terrorismus; • Ausbildung von Justizbeamten für die internationale Zusammenarbeit von Justizbehörden in Strafsachen zur Terrorismusbekämpfung;
und ermutigt die Teilnehmerstaaten, freiwillige Beiträge zur Finanzierung von einschlägigen außer- budgetären Projekten in diesen Bereichen zu leisten;
lädt die Kooperationspartner der OSZE ein, die OSZE-Verpflichtungen in Bezug auf den völker- rechtlichen Rahmen für die Bekämpfung des Terrorismus und die Zusammenarbeit in Strafsa- chen zur Terrorismusbekämpfung freiwillig umzusetzen.
Beschluss Nr. 5/09
Migrationssteuerung
Der Ministerrat,
unter Hinweis auf die OSZE-Verpflichtungen in Bezug auf Migration und diese bekräftigend, ins- besondere die einschlägigen Bestimmungen der Schlussakte von Helsinki 1975, den Ministerrats- beschluss Nr. 2/05 über Migration und die Ministererklärung zur Migration (MC.DOC/6/06),
unter Berücksichtigung des vom Ministerrat in Maastricht (2003) verabschiedeten Strategiedoku- ments für die Wirtschafts- und Umweltdimension und unter Hinweis auf das Dreizehnte OSZE- Wirtschaftsforum,
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Kenntnis nehmend von den Initiativen und der Arbeit der OSZE im Rahmen des Siebzehnten OSZE- Wirtschafts- und Umweltforums zum Thema „Migrationssteuerung und ihre Verknüpfung mit der Wirtschafts-, Sozial- und Umweltpolitik im Interesse von Stabilität und Sicherheit im OSZE-Raum“,
Kenntnis nehmend von der wachsenden Bedeutung einer wirksamen Migrationssteuerung und deren Nutzen für die sozioökonomische Entwicklung, den sozialen Zusammenhalt, die Sicherheit und Stabilität in allen Ländern, einschließlich der Herkunfts-, Transit- und Zielländer, und in unein- geschränkter Anerkennung der Menschenrechte von Migranten und deren Familienangehörigen,
betonend, wie wichtig es ist, die Migrationspolitik als Querschnittsmaßnahme in die Wirtschafts-, Sozial-, Umwelt-, Entwicklungs- und Sicherheitsstrategien zu integrieren und sich mit der Mig- rationssteuerung anhand kooperativer, umfassender und dimensionenübergreifender Konzepte auseinanderzusetzen,
die Notwendigkeit unterstreichend, die legale Zuwanderung zu erleichtern und die illegale Mig- ration zu bekämpfen,
in Anbetracht der verschiedenen Ansätze der OSZE-Teilnehmerstaaten im Umgang mit Migrati- onsfragen und unter Nutzung von deren Erfahrungen und bewährten Methoden,
unter Betonung der Notwendigkeit, den Dialog und die Zusammenarbeit auf allen Ebenen in und zwischen allen Staaten sowie mit allen maßgeblichen Akteuren, darunter auch die Sozialpartner, die Wirtschaft, die Zivilgesellschaft und die akademische Welt, zu vertiefen, um sich erfolgreich mit den Chancen und Problemen, die eine umfassende Migrationssteuerung mit sich bringt, aus- einandersetzen zu können,
bestätigend, dass Zusammenarbeit, Dialog und der Austausch bewährter Methoden und von Informationen über Fragen der Migrationssteuerung nach wie vor eine wichtige Komponente des umfassenden Sicherheitskonzepts der OSZE sind, die gegebenenfalls und im Rahmen der jeweili- gen Mandate, Kapazitäten und Ressourcen in allen drei Dimensionen unterstützt wird,
1. legt den Teilnehmerstaaten nahe, durch folgende Maßnahmen die Arbeit im Bereich der Mig- rationssteuerung fortzusetzen: • indem sie der Auseinandersetzung mit den der Migration zugrunde liegenden Ursachen beson- dere Aufmerksamkeit widmen; • indem sie dafür Sorge tragen, dass ihre nationale Migrationspraxis mit ihren internationalen Verpflichtungen und OSZE-Verpflichtungen im Einklang steht; • indem sie die Verwirklichung einer umfassenden und wirksamen nationalen Migrationspolitik und gegebenenfalls von Aktionsplänen verbessern und verstärken • indem sie die Beschaffung vergleichbaren Datenmaterials über Migration verbessern, um auf OSZE-Ebene den Dialog und den Austausch bewährter Methoden zu erleichtern; • indem sie die Zusammenarbeit und Partnerschaften zwischen Herkunfts- und Zielländern för- dern und zu diesem Zweck wirksame Regelungen für eine legale Zuwanderung wie etwa zirkuläre Migration und andere Formen freiwilliger Arbeitnehmermobilität im Interesse der Entwicklung der Herkunfts- und Zielländer erleichtern • indem sie die Menschenrechte von Migranten achten und die Bemühungen zur Bekämpfung von Diskriminierung, Intoleranz und Fremdenfeindlichkeit gegenüber Migranten und ihren Angehörigen verstärken;
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2. legt den Teilnehmerstaaten nahe, in ihre Migrationspolitik Genderaspekte einfließen zu lassen, in denen die Empfehlungen des von der OSZE verfassten Guide on Gender Sensitive Labour Mig- ration Policies berücksichtigt werden;
3. fordert die Teilnehmerstaaten auf, die Migrationssteuerung durch mehr Kohärenz zwischen Migrations- und Wirtschafts-, Sozial-, Umwelt- und Sicherheitspolitik mittels Konsultation, Part- nerschaft und Zusammenarbeit zwischen Regierungen auf bilateraler, regionaler oder überregio- naler Ebene zu verstärken;
4. legt den Teilnehmerstaaten nahe, die erforderlichen Maßnahmen zu treffen, um die negativen Auswirkungen der weltweiten Finanz- und Wirtschaftskrise auf Migranten auf ein Minimum zu reduzieren und dazu die wirtschaftliche Zusammenarbeit, zu intensivieren, günstige Voraus- setzungen für Investitionen und Unternehmensgründungen zu schaffen und den Rückfluss von Überweisungen zu erleichtern;
5. beauftragt den Ständigen Rat, dessen informelle nachgeordnete Gremien und die Durchfüh- rungsorgane der OSZE jeweils im Einklang mit ihrem Mandat in allen Dimensionen, im Rahmen des umfassenden Sicherheitskonzepts der Organisation und der vorhandenen Ressourcen unter anderem mit folgenden Aufgaben: • Bereitstellung einer breit angelegten regionalen Plattform für den Dialog über Migration und Sicherheitsfragen, sowohl zwischen den OSZE-Teilnehmerstaaten als auch zwischen den Teil- nehmerstaaten und Kooperationspartnern unter Einbindung anderer maßgeblicher Akteure und in völliger Übereinstimmung mit der OSZE-Geschäftsordnung; • weitere Befassung mit geschlechtsspezifischen Aspekten der Migration; • Unterstützung der Teilnehmerstaaten auf deren Ersuchen bei der Verbesserung ihrer Zuwande- rungsgesetze und der Ausarbeitung und Umsetzung wirksamer nationaler politischer Rahmen- bedingungen, indem sie Beratung und Ausbildung in Zusammenarbeit mit einschlägig tätigen internationalen und regionalen Organisationen zur Verfügung stellen; • Leistung von Beiträgen zu den internationalen Bemühungen zur Abschätzung der möglichen Auswirkungen der Schädigung der Umwelt auf den Migrationsdruck, die möglicherweise durch den Klimawandel verstärkt werden, um auf diesem Gebiet eine bessere Vorsorge sicherzustellen; • Fortsetzung ihrer Unterstützung für die Teilnehmerstaaten auf deren Ersuchen bei der Förde- rung einer erfolgreichen Migrationssteuerung unter anderem durch den Austausch bewähr- ter Methoden, bei der Erleichterung der legalen Zuwanderung und Bekämpfung der illegalen Migration, unter besonderer Berücksichtigung der bilateralen und multilateralen Zusammen- arbeit auf diesem Gebiet.
Beschluss Nr. 7/09
Mitwirkung von Frauen am politischen und öffentlichen Leben
Der Ministerrat,
unter Hinweis auf die OSZE-Verpflichtungen zur Förderung der Gleichstellung der Geschlechter, der Nichtdiskriminierung und der Förderung des gleichen Rechts von Frauen und Männern auf Mitwirkung am politischen und öffentlichen Leben,
in Anbetracht der Tatsache, dass Frauen im OSZE-Raum in der Legislative, Exekutive samt Polizei- behörden und in der Judikative auf der Entscheidungsebene nach wie vor unterrepräsentiert sind,
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besorgt darüber, dass die weit verbreitete Diskriminierung von Frauen weiterhin deren wirksame Mitwirkung am politischen und öffentlichen Leben auf allen Ebenen unterminiert,
im Bewusstsein, dass eine laufende Kontrolle der OSZE-Verpflichtungen unter anderem auch in geeigneten OSZE-Gremien zur Entwicklung wirksamerer Konzepte und Maßnahmen beitragen kann,
erneut erklärend, dass die uneingeschränkte und gleichberechtigte Ausübung der Menschenrechte durch Frauen unverzichtbar für die Verwirklichung eines friedlicheren, wirtschaftlich stärkeren und demokratischeren OSZE-Raumes ist,
die Verpflichtung der Teilnehmerstaaten bekräftigend, in der gesamten Organisation den OSZE- Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern proaktiv umzusetzen, und an die Beschlüsse des Ministerrats von Laibach Nr. 14/05 über Frauen in der Konfliktverhü- tung, der Krisenbewältigung und der Konfliktnachsorge und Nr. 15/05 über die Verhütung und Bekämpfung von Gewalt gegen Frauen erinnernd,
unter Hinweis auf Resolution 1325 (2000) des Sicherheitsrats der Vereinten Nationen, in der nach- drücklich die vollständige und gleichberechtigte Mitwirkung von Frauen in Entscheidungsfunk- tionen bei der Konfliktverhütung sowie dem Wiederaufbau nach Konflikten gefordert wird, und betonend, wie wichtig es ist, dass sie an allen Anstrengungen zur Wahrung und Förderung von Frieden und Sicherheit gleichberechtigt und in vollem Umfang teilhaben,
Kenntnis nehmend von Resolution 1889 (2009) des Sicherheitsrats der Vereinten Nationen, in der internationale und regionale Organisationen nachdrücklich aufgefordert werden, weitere Maß- nahmen zur Verbesserung der Mitwirkung von Frauen an allen Phasen von Friedensprozessen zu ergreifen,
feststellend, dass am 18. Dezember 2009 der 30. Jahrestag des Übereinkommens zur Beseitigung jeder Form von Diskriminierung der Frau (CEDAW) begangen wird, das der Diskriminierung der Frau im politischen und öffentlichen Leben ein Ende setzen soll, und feststellend, dass am 10. Dezember vor genau 10 Jahren das Fakultativprotokoll zum Übereinkommen zur Unterzeich- nung aufgelegt wurde,
in dem Bewusstsein, dass die Mitwirkung von Frauen am politischen und öffentlichen Leben auf zusätzliche Behinderungen stoßen kann, die über das Geschlechtsspezifische hinausgehen,
fordert die Teilnehmerstaaten auf:
1. zu erwägen, für konkrete Maßnahmen zur Verwirklichung des Ziels einer ausgewogenen Ver- tretung beider Geschlechter in allen Körperschaften der Legislative, der Judikative und Exekutive einschließlich von Sicherheitsdiensten, wie dem Polizeidienst, zu sorgen;
2. mögliche gesetzgeberische Maßnahmen zu erwägen, die eine ausgewogenere Mitwirkung von Frauen und Männern am politischen und öffentlichen Leben und insbesondere in Entscheidungs- funktionen erleichtern;
3. alle politischen Akteure dazu zu ermutigen, die gleichberechtigte Mitwirkung von Frauen und Männern in politischen Parteien zu fördern, mit dem Ziel, in öffentlichen Wahlämtern auf allen Entscheidungsebenen eine ausgewogenere Geschlechterverteilung herbeizuführen;
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4. zu erwägen, Maßnahmen zu ergreifen, die Chancengleichheit in den Sicherheitsdiensten, wo zutreffend auch in den Streitkräften, schaffen, damit die Einstellung, der Verbleib und die Beför- derung von Frauen und Männern in ausgewogener Weise erfolgen kann;
5. wo notwendig offene und partizipative Verfahren zu entwickeln und einzuführen, um die Mit- wirkung von Frauen und Männern in allen Phasen der Gesetzgebung, Programmerstellung und Politikgestaltung zu verstärken;
6. die Möglichkeiten zu schaffen, dass Frauen und Männer gleichberechtigt zur Friedenskonsoli- dierung beitragen;
7. die notwendigen Schritte einzuleiten, um – wo angebracht – wirksame nationale Mechanismen zu schaffen, mit denen die gleichberechtigte Mitwirkung und Repräsentation von Frauen gemes- sen wird;
8. wo angebracht Nichtregierungs- und Forschungsgremien bei der Ausarbeitung von Schwer- punktstudien und Aufklärungsinitiativen zur Erhebung der konkreten Faktoren, die der Mitwir- kung von Frauen am politischen und öffentlichen Leben entgegenstehen, und bei der Förderung der Chancengleichheit von Frauen und Männern zu unterstützen;
9. dafür einzutreten, dass Frauen und Männer sich die Verantwortung für die Arbeit und als Eltern teilen, um die Chancengleichheit der Frauen im Hinblick auf tatsächliche Mitwirkung am politi- schen und öffentlichen Leben zu erleichtern.
Beschluss Nr. 8/09
Verstärkung der OSZE-Bemühungen um nachhaltige Integration der Roma und Sinti
Der Ministerrat,
in Bekräftigung der Verpflichtungen der OSZE gegenüber den Roma und Sinti, einschließlich der im Aktionsplan von 2003 zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet ent- haltenen Verpflichtungen,
anerkennend, dass die Teilnehmerstaaten dazu bereits einige Bemühungen unternommen haben,
feststellend, dass bei der Überwindung der tiefen Kluft, die in mehreren Bereichen noch immer zwischen dem Volk der Roma und Sinti und der breiteren Bevölkerung besteht, nur wenige Fort- schritte gemacht wurden,
Kenntnis nehmend vom Lagebericht 2008 des BDIMR über die Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet,
betonend, dass entschlossenes Handeln gefordert ist, um die Lage der Roma und Sinti in der gesam- ten OSZE-Region zu verbessern,
überzeugt, dass sich die Teilnehmerstaaten bemühen sollten, den Roma und Sinti die größtmögli- che Eigenverantwortung für die sie betreffende Politik zu übertragen, und dass Roma- und Sinti- Gemeinschaften Partner sein und die Verantwortung für die Umsetzung der Politik zur Förderung ihrer Integration mittragen sollten,
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in Anerkennung der besonderen Schwierigkeiten, mit denen die Roma und Sinti konfrontiert sind, und der Notwendigkeit, wirksame Maßnahmen zu treffen, um ihrer Diskriminierung ein für alle Mal ein Ende zu setzen und ihre nachhaltige Integration im Einklang mit den OSZE-Verpflich- tungen zu gewährleisten,
besorgt darüber, dass die Roma und Sinti Gemeinschaften angehören, die nach wie vor unter Ras- sismus und Diskriminierung zu leiden haben, und dass Vorurteile und gewalttätige Äußerungen von Intoleranz gegenüber den Roma und Sinti zugenommen haben,
feststellend, dass in Zeiten des weltweiten Wirtschaftsabschwungs Roma und Sinti zu jenen zäh- len, die besonders gefährdet sind, irrationalen Anfeindungen und Schuldzuweisungen durch die Gesellschaft ausgesetzt zu werden,
in dem Bewusstsein, dass Äußerungen der Intoleranz gegenüber Roma und Sinti möglicherweise nicht nur verstärkt zu deren Ablehnung und Ausgrenzung führen, sondern auch den sozialen Zusammenhalt und das friedliche Zusammenleben der Gesellschaft insgesamt gefährden können,
mit Anerkennung feststellend, dass der Beschluss Nr. 6/08 des Ministerrats über verstärkte Bemü- hungen der OSZE zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet einen bedeutenden Fortschritt in Richtung der Gewährleistung des gleichberech- tigten Zugangs zu Schulbildung darstellte und die Wichtigkeit der mit einem früh einsetzenden Schulunterricht verbundenen Vorteile unterstrich,
Kenntnis nehmend vom Implementierungstreffen zur menschlichen Dimension 2009 und seiner Arbeitssitzung zum speziell ausgewählten Thema „Früherziehung für Roma- und Sinti-Kinder“,
unter Betonung der Bedeutung der einschlägigen OSZE-Institutionen und -strukturen, die in Erfüllung ihres Mandats die Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet unterstützen, und der wirksamen Koordinierung und Zusammenar- beit zu diesem Zweck innerhalb der OSZE,
1. fordert die Teilnehmerstaaten auf, ihre Bemühungen zur Umsetzung des Aktionsplans zur Ver- besserung der Lage der Roma und Sinti im OSZE-Gebiet zu verstärken und den Prozess der nach- haltigen Integration der Roma und Sinti zu fördern;
2. fordert die Teilnehmerstaaten auf, dem BDIMR weiter Informationen über die Fortschritte bei der Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet zur Verfügung zu stellen;
3. fordert die Teilnehmerstaaten nachdrücklich auf, entschlossener für Toleranz einzutreten und Vorurteile gegen das Volk der Roma und Sinti zu bekämpfen, um deren weitere Ablehnung und Ausgrenzung zu verhindern und dem Anstieg der gewalttätigen Äußerungen von Intoleranz gegen- über den Roma und Sinti entgegenzuwirken, sowie jede Gewalt gegen die Roma und Sinti mit ein- deutigen Worten öffentlich zu verurteilen und alle notwendigen Maßnahmen zu treffen, um den Zugang zu wirksamen Rechtsbehelfen entsprechend den innerstaatlichen Gerichts-, Verwaltungs-, Schlichtungs- oder Vermittlungsverfahren sicherzustellen und in dieser Hinsicht für Koordina- tion zwischen den zuständigen Behörden auf allen Ebenen zu sorgen;
4. fordert die Teilnehmerstaaten auf, in geeigneter Weise verstärkt die Mitwirkung der Roma und Sinti an der Gestaltung, Umsetzung und Bewertung der sie betreffenden Politik zu suchen und den Dialog zwischen dem Volk der Roma und Sinti und der breiteren Bevölkerung zu fördern, um
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darauf aufmerksam zu machen, in welchem Ausmaß Intoleranz und Diskriminierung den sozia- len Zusammenhalt, die Stabilität und die Sicherheit gefährden können;
5. fordert die Teilnehmerstaaten auf, in Zusammenarbeit mit den Roma und Sinti die für deren nachhaltige Integration innerhalb des OSZE-Raums maßgeblichen Herausforderungen der Mig- ration der Roma und Sinti zu ermitteln und zu untersuchen;
6. beauftragt das BDIMR, in Zusammenarbeit und Abstimmung mit dem HKNM, dem Beauf- tragten für Medienfreiheit und anderen zuständigen OSZE-Durchführungsorganen im Rahmen ihrer jeweiligen Mandate und der vorhandenen Ressourcen die Teilnehmerstaaten weiter dabei zu unterstützen, gegen diskriminierende und gewalttätige Handlungen gegen Roma und Sinti vor- zugehen, gegen negative klischeehafte Berichterstattung über die Roma und Sinti in den Medien, unter Beachtung einschlägiger OSZE-Verpflichtungen in Bezug auf Medienfreiheit, aufzutreten, den OSZE-Verpflichtungen insbesondere im Hinblick auf die Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet uneingeschränkt nachzukommen und sich mit den Herausforderungen für die nachhaltige und erfolgreiche Integration der Roma und Sinti auseinanderzusetzen;
7. legt den Teilnehmerstaaten nahe, sich ausführlich mit der Früherziehung für Roma und Sinti zu befassen und besonderes Augenmerk darauf zu legen, dass die Roma und Sinti gleichberechtigten Zugang zu Schulbildung haben und in das Regelschulwesen eingebunden werden;
8. beauftragt das BDIMR, in Absprache mit den Teilnehmerstaaten und in enger Zusammenarbeit mit anderen maßgeblichen OSZE-Institutionen im Rahmen ihrer Mandate einschlägige Projekte zur Frage der Früherziehung für Roma und Sinti, etwa Projekte zur Lehrerausbildung oder zur Überwindung der niedrigen Einschulungsrate, zu entwickeln und durchzuführen;
9. legt den maßgeblichen OSZE-Institutionen nahe, gegebenenfalls ihre Zusammenarbeit und Koordination mit anderen einschlägig tätigen internationalen Akteuren wie dem Europarat und der Europäischen Union sowie mit Akteuren der Zivilgesellschaft, die sich schwerpunktmäßig mit Fragen der Roma und Sinti befassen, zu verstärken;
10. fordert den Direktor des BDIMR auf, die Teilnehmerstaaten über die Arbeit des BDIMR zur Unterstützung der Teilnehmerstaaten bei der Förderung der nachhaltigen Integration der Roma und Sinti im Rahmen seiner regelmäßigen Berichterstattung an den Ständigen Rat auf dem Lau- fenden zu halten.
Beschluss Nr. 9/09
Bekämpfung von Hassverbrechen
Der Ministerrat,
bekräftigend, dass die Achtung der Menschenrechte und Grundfreiheiten, Demokratie und Rechts- staatlichkeit den Kern des umfassenden Sicherheitskonzepts der OSZE bilden und dass Toleranz und Nichtdiskriminierung wichtige Elemente der Förderung der Menschenrechte und demokra- tischen Werte sind,
bekräftigend, dass Erscheinungsformen der Diskriminierung und Intoleranz die Sicherheit des Einzelnen und den Zusammenhalt der Gesellschaft bedrohen, und erneut feststellend, dass sie zu Konflikten und Gewalt in größerem Umfang führen können,
373 Athen 2009
besorgt angesichts von Hassverbrechen in der gesamten OSZE-Region und in Anerkennung der Notwendigkeit, zur wirksamen Bekämpfung dieser Verbrechen zusammenzuarbeiten, und in Kenntnis des von den Teilnehmerstaaten in Auftrag gegebenen BDIMR- Berichts „Hate Crimes in the OSCE Region – Incidents and Responses“,
in Bekräftigung der OSZE-Verpflichtungen in Bezug auf die Förderung von Toleranz und Nicht- diskriminierung und feststellend, dass für die Auseinandersetzung mit Handlungen der Intoleranz und der Diskriminierung in erster Linie die Teilnehmerstaaten verantwortlich sind,
mit der Feststellung, dass Hassverbrechen durch Vorurteile motivierte strafbare Handlungen sind,
Kenntnis nehmend von der am 8. September 2006 von der Generalversammlung der Vereinten Nationen verabschiedeten Weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Ter- rorismus, in der ein umfassender, globaler Ansatz zur Bekämpfung des Terrorismus skizziert wird, der nicht nur auf Erscheinungsformen des Terrorismus sondern auch auf die Bedingungen abzielt, die dessen Verbreitung begünstigen, und im Bewusstsein der Rolle, die Hassverbrechen, Diskrimi- nierung und Intoleranz als Nährboden für gewalttätigen Extremismus und Radikalisierung spie- len können, die ihrerseits zu Terrorismus führen,
in der Erkenntnis, dass systematischere, umfassendere und besser vergleichbare Daten über Hass- verbrechen erforderlich sind, wie es unter anderem im BDIMR-Bericht heißt,
erfreut über die Arbeit des BDIMR, das Teilnehmerstaaten auf Ersuchen Hilfestellung in ihren Bemühungen zur Bekämpfung von Hassverbrechen leistet,
Kenntnis nehmend vom Zusätzlichen Treffen zur menschlichen Dimension 2009 zum Thema „Hassverbrechen – Wirksame Rechtsumsetzung” und vom zweiten Jahrestreffen der Kontaktstel- len zur Bekämpfung von Hassverbrechen,
in dem Bewusstsein, dass der weltweite Wirtschaftsabschwung verstärkt zum Auftreten von Hass- verbrechen im OSZE-Raum führen kann,
mit der Feststellung, dass Opfer von Hassverbrechen sowohl aus Minderheiten als auch aus der Mehrheitsbevölkerung kommen können,
Kenntnis nehmen von der Arbeit der drei Persönlichen Beauftragten des Amtierenden Vorsitzen- den in Unterstützung der OSZE-weiten Bemühungen im Kampf gegen Hassverbrechen und gewalt- tätige Erscheinungsformen der Intoleranz im Rahmen ihrer jeweiligen Mandate,
in Anerkennung der ausschlaggebenden Rolle, die Politiker als Leitfiguren im Kampf gegen Into- leranz und Diskriminierung und zur Förderung der gegenseitigen Achtung und des Verständnis- ses füreinander spielen können,
fordert die Teilnehmerstaaten auf:
1. verlässliche und ausreichend genaue Daten und Statistiken über Hassverbrechen und gewalttä- tige Erscheinungsformen von Intoleranz zu erheben, zu verwalten und zu veröffentlichen, unter anderem über die Anzahl der den Strafverfolgungsbehörden angezeigten Fälle, die Anzahl der eingeleiteten Strafverfahren und das Strafmaß; wo Datenschutzgesetze die Erfassung von Daten über die Opfer einschränken, sollten die Staaten Methoden der Datenerfassung in Erwägung zie- hen, die im Einklang mit diesen Gesetzen stehen;
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2. gegebenenfalls besondere, auf die Bekämpfung von Hassverbrechen abgestellte Gesetze zu erlas- sen, in denen wirksame, der Schwere dieser Verbrechen angemessene Strafen vorgesehen werden;
3. geeignete Maßnahmen zu ergreifen, durch die die Opfer zur Anzeige von Hassverbrechen ermu- tigt werden, da die Staaten keine wirksamen politischen Strategien entwickeln können, wenn Hass- verbrechen nur selten angezeigt werden; in diesem Zusammenhang als ergänzende Maßnahme nach Methoden zu suchen, wie die Zivilgesellschaft verstärkt zur Bekämpfung von Hassverbre- chen beitragen kann;
4. berufliche Ausbildungs- und Qualifizierungsmaßnahmen für Beamte der Strafverfolgungsbe- hörden, der Staatsanwaltschaft und der Justiz einzuführen oder auszubauen;
5. in Zusammenarbeit mit einschlägigen Akteuren Möglichkeiten zu sondieren, wie Opfer von Hassverbrechen Zugang zu psychologischer Betreuung, zu juristischer und konsularischer Unter- stützung sowie wirksamen Zugang zu den Gerichten erhalten können;
6. bei Hassverbrechen unverzüglich Untersuchungen einzuleiten und sicherzustellen, dass die Motive verurteilter Hasstäter von den zuständigen Behörden und von der politischen Führung aufgezeigt und öffentlich verurteilt werden;
7. zur Bekämpfung von organisierten, durch Hass motivierten Gewaltverbrechen gegebenenfalls für Zusammenarbeit auf nationaler und internationaler Ebene zu sorgen, auch mit den zuständi- gen internationalen Gremien und zwischen Polizeibehörden;
8. Aufklärungs- und Erziehungsmaßnahmen, insbesondere mit Strafverfolgungsbehörden, für Gemeinschaften und zivilgesellschaftliche Gruppen zu treffen, die Opfern von Hassverbrechen beistehen;
9. zur Bekämpfung von organisierten, durch Hass motivierten Gewaltverbrechen gegebenenfalls für Zusammenarbeit auf nationaler und internationaler Ebene zu sorgen, auch mit den zuständi- gen internationalen Gremien und zwischen Polizeibehörden;
10. zu erwägen, vom BDIMR entwickelte Ressourcen in den Bereichen Erziehung, Schulung und Aufklärung in Anspruch zu nehmen, um zu gewährleisten, dass umfassend gegen Hassverbre- chen vorgegangen wird;
11. fordert die Teilnehmerstaaten auf, nach Gelegenheiten zur Zusammenarbeit zu suchen und auf diesem Wege gegen die zunehmende Nutzung des Internets zur Verbreitung von Ansichten vorzu- gehen, die zu durch Vorurteile motivierter Gewalt, einschließlich Hassverbrechen, anstiften, und dadurch den durch die Verbreitung von derartigem Material entstandenen Schaden zu verringern, und gleichzeitig sicherzustellen, dass jede diesbezügliche Maßnahme in Einklang mit den OSZE- Verpflichtungen, insbesondere im Hinblick auf freie Meinungsäußerung, steht;
12. beauftragt das BDIMR, in Absprache mit den Teilnehmerstaaten und in Zusammenarbeit mit einschlägig tätigen internationalen Organisationen und Partnern aus der Zivilgesellschaft zu untersuchen, ob ein Zusammenhang zwischen der Nutzung des Internets und durch Vorurteile motivierten Hassverbrechen besteht, welcher Schaden dadurch entstehen kann und welche prak- tischen Schritte sich anbieten;
375 Athen 2009
13. fordert den Direktor des BDIMR auf, die Teilnehmerstaaten über die Arbeit des BDIMR zur Unterstützung der Teilnehmerstaaten bei der Bekämpfung von Hassverbrechen durch seine regel- mäßigen Berichte an den Ständigen Rat auf dem Laufenden zu halten.
Beschluss Nr. 11/09
Sicherheit von Reisedokumenten das ICAO Public Key Directory
Der Ministerrat,
unter Hinweis auf die OSZE-Verpflichtungen zur Bekämpfung des Terrorismus, darunter ins- besondere die Verbesserung der Sicherheit von Reisedokumenten, wie im Bukarester Aktions- plan zur Bekämpfung des Terrorismus (MC(9).DEC/1/Corr.1), im Beschluss des Ministerrats von Maastricht über die Sicherheit von Reisedokumenten (MC.DEC/7/03) sowie in zwei Beschlüssen des Ministerrats, jenem von Sofia (MC.DEC/4/04) und von Brüssel (MC.DEC/6/06), gefordert, in denen zur verstärkten Nutzung der INTERPOL-Datenbank für gestohlene/verlorene Reisedoku- mente aufgerufen wurde, und in Anerkennung des bedeutenden Beitrags der OSZE im Bereich der Sicherheit von Reisedokumenten,
in Bekräftigung seiner Verpflichtung, effektive und entschlossene Maßnahmen gegen den Terro- rismus umzusetzen und die Bewegung einzelner Terroristen und terroristischer Gruppierungen durch wirksame Grenzkontrollen und Kontrollen der Ausstellung von Personalausweisen und Rei- sedokumenten zu verhindern, dabei aber gleichzeitig den freien und sicheren Personenverkehr im jeweiligen rechtlichen Rahmen zu erleichtern,
in Anerkennung der Bedeutung grenzüberschreitender Kommunikation für die internationale Zusammenarbeit gegen den internationalen Terrorismus, die organisierte Kriminalität und den illegalen Handel in allen seinen Formen sowie des besonderen Beitrags der OSZE in Form der Förderung von Unterstützung und der Bereitstellung eines Rahmens für die Zusammenarbeit in diesen Fragen,
Kenntnis nehmend von der weitgehenden Umsetzung der elektronischen maschinenlesbaren Rei- sedokumente (eMRTDs) durch die OSZE-Teilnehmerstaaten,
in Anerkennung der Notwendigkeit, die zuständigen nationalen Behörden in die Lage zu verset- zen, die Echtheit der auf den eMRTDs gespeicherten elektronischen Sicherheitsmerkmale und bio- metrischen Daten als Voraussetzung für die Überprüfung der Identität des Inhabers eines eMRTD anhand der genannten Merkmale und Daten zu verifizieren,
Kenntnis nehmend von der Arbeit der ICAO, die das ICAO Public Key Directory (PKD) entwickelt hat, um ein weltweites vernetztes Validierungssystem für eMRTDs zu fördern, wodurch die Sicher- heitsmaßnahmen an den Grenzen erheblich verbessert werden sollen und ein Beitrag zum Kampf gegen den Terrorismus und zur Verhütung illegaler grenzüberschreitender Aktivitäten geleistet wird,
Kenntnis nehmend von der Erklärung der G-8-Justiz- und Innenminister vom 29. und 30. Mai 2009, in der die Teilnahme der ICAO-Vertragsstaaten am ICAO-PKD vorbehaltlos unterstützt wird und alle Staaten ersucht werden, die Echtheit der Informationen in ePass-Chips zu verifizie- ren und vom ICAO-PKD Gebrauch zu machen,
376 Athen 2009
mit der Feststellung, dass die Staaten, die ePässe ausstellen oder auszustellen beabsichtigen bzw. automatisierte Überprüfungen von ePässen an Grenzkontrollstellen durchführen, laut empfohle- ner ICAO-Praxis am PKD teilnehmen sollten, -
ruft die Teilnehmerstaaten dazu auf, die Teilnahme am ICAO-PKD nach Maßgabe administrati- ver und finanzieller Ressourcen in Erwägung zu ziehen und damit die Grenzkontrollstellen und andere zuständige nationale Behörden in die Lage zu versetzen, die digitalen Signaturen auf elek- tronischen eMRTDs auf ihre Echtheit zu verifizieren;
legt den Teilnehmerstaaten nahe, nach Maßgabe ihrer Möglichkeiten anderen Teilnehmerstaaten auf deren Ersuchen bei der Umsetzung dieser Maßnahme technische Hilfe zu leisten;
beauftragt den Generalsekretär, im Rahmen der verfügbaren Ressourcen, in Abstimmung mit dem Amtierenden Vorsitz und in Zusammenarbeit mit der ICAO 2010 in Wien eine Experten- arbeitstagung der OSZE zu organisieren, die der Bewusstseinsbildung und der Erleichterung der Teilnahme am ICAO-PKD bzw. von dessen Verwendung durch die Teilnehmerstaaten dienen soll;
ermutigt die Kooperationspartner, diesen Beschluss und andere OSZE-Verpflichtungen in Bezug auf die Sicherheit von Reisedokumenten freiwillig umzusetzen.
377 Gedenkerklärung von Astana Astana 2010
Auf dem Weg zu einer Sicherheitsgemeinschaft
1. Wir, die Staats- und Regierungschefs der 56 Teilnehmerstaaten der OSZE, haben uns elf Jahre nach dem letzten OSZE-Gipfeltreffen in Istanbul in Astana versammelt, um uns erneut zur Vision einer freien, demokratischen, gemeinsamen und unteilbaren euroatlantischen und eurasischen Sicherheitsgemeinschaft von Vancouver bis Wladiwostok zu bekennen, deren Grundlagen ver- einbarte Prinzipien, gemeinsame Verpflichtungen und gemeinsame Ziele sind. Zum 35. Jahrestag der Schlussakte von Helsinki und zum 20. Jahrestag der Charta von Paris für ein neues Europa bekräftigen wir die Bedeutung der Prinzipien, auf denen diese Organisation beruht, und beken- nen uns zu ihnen. Wir haben beachtliche Fortschritte gemacht, räumen aber auch ein, dass noch mehr getan werden muss, um sicherzustellen, dass diese Kernprinzipien und Verpflichtungen, die wir in der politisch-militärischen Dimension, in der Wirtschafts- und Umweltdimension und in der menschlichen Dimension, insbesondere im Bereich der Menschenrechte und Grundfreihei- ten, eingegangen sind, zur Gänze geachtet und umgesetzt werden.
2. Wir bekräftigen unser uneingeschränktes Festhalten an der Charta der Vereinten Nationen und an allen OSZE-Normen, -Prinzipien und -Verpflichtungen, beginnend mit der Schlussakte von Hel- sinki, der Charta von Paris, der Europäischen Sicherheitscharta und allen anderen von uns ver- einbarten OSZE-Dokumenten, sowie unsere Verantwortung, sie vollständig und nach Treu und Glauben umzusetzen. Wir wiederholen unser Bekenntnis zu dem mit der Schlussakte von Hel- sinki eingeleiteten Konzept der umfassenden, kooperativen, gleichen und unteilbaren Sicherheit, das die Erhaltung des Friedens und die Achtung der Menschenrechte und Grundfreiheiten mit- einander in Beziehung setzt und die Verbindung zwischen der Zusammenarbeit in den Bereichen Wirtschaft und Umwelt und friedlichen zwischenstaatlichen Beziehungen herstellt.
3. (…) Wir bekräftigen ferner, dass alle OSZE-Prinzipien und -Verpflichtungen gleichermaßen und ausnahmslos für jeden Teilnehmerstaat gelten, und wir betonen, dass wir untereinander und gegenüber unseren Bürgern für ihre volle Umsetzung einstehen werden. Wir betrachten diese Ver- pflichtungen als unsere gemeinsame Errungenschaft und somit als unmittelbare und berechtigte Anliegen aller Teilnehmerstaaten.
4. Diese Normen, Grundsätze und Verpflichtungen haben es uns ermöglicht, Fortschritte bei der Bewältigung alter Zwistigkeiten zu machen und der Demokratie, dem Frieden und der Einheit im gesamten OSZE-Raum näherzukommen. Sie müssen uns im 21. Jahrhundert in unserer gemeinsa- men Arbeit an der Verwirklichung der ehrgeizigen Vision von Helsinki und Paris für alle unsere Völker weiter den Weg weisen. Diese und alle anderen OSZE-Dokumente geben eindeutige Stan- dards für den Umgang der Teilnehmerstaaten miteinander und mit allen Menschen in ihrem Hoheitsgebiet vor. Entschlossen, auf dieser soliden Grundlage weiter aufzubauen, bekräftigen wir unser Bekenntnis zur Festigung von Sicherheit, Vertrauen und gutnachbarlichen Beziehungen zwi- schen unseren Staaten und Völkern. Wir sind davon überzeugt, dass die Rolle der OSZE in dieser Hinsicht nach wie vor von größter Bedeutung ist und weiter ausgebaut werden sollte. Wir werden weiter an der Stärkung der Effektivität und Effizienz der OSZE arbeiten.
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5. Wir anerkennen, dass die OSZE als die umfassendste regionale Sicherheitsorganisation im euro- atlantischen und eurasischen Raum mit dem größten Teilnehmerkreis auch weiterhin ein dem Grundsatz des Konsenses und der souveränen Gleichheit der Staaten verpflichtetes einzigartiges Forum für die Förderung des offenen Dialogs, die Verhütung und Beilegung von Konflikten, die Schaffung von gegenseitigem Vertrauen und die Stärkung der Zusammenarbeit darstellt. Wir beto- nen die Bedeutung der vom OSZE-Sekretariat, vom Hohen Kommissar für nationale Minderhei- ten, vom Büro für demokratische Institutionen und Menschenrechte und von der Beauftragten für Medienfreiheit sowie von den OSZE-Feld-operationen im Rahmen ihrer jeweiligen Mandate geleisteten Arbeit zur Unterstützung der Teilnehmerstaaten bei der Erfüllung ihrer OSZE-Ver- pflichtungen. Wir sind entschlossen, die Zusammenarbeit mit der Parlamentarischen Versammlung der OSZE zu intensivieren und bestärken sie in ihren Bemühungen zur Förderung von Sicherheit, Demokratie und Wohlstand im gesamten OSZE-Raum und innerhalb der Teilnehmerstaaten und zur Stärkung des Vertrauens zwischen den Teilnehmerstaaten. (…)
6. Das umfassende und kooperative Sicherheitskonzept der OSZE, das die menschliche Dimension, die Wirtschafts- und Umweltdimension sowie die politisch-militärische Dimension der Sicherheit als unteilbares Ganzes betrachtet, ist und bleibt unverzichtbar. Von der Überzeugung getragen, dass die dem einzelnen Menschen innewohnende Würde im Mittelpunkt der umfassenden Sicher- heit steht, erklären wir erneut, dass die Menschenrechte und Grundfreiheiten unveräußerlich und ihr Schutz und ihre Förderung unsere höchste Verpflichtung sind. Wir erklären kategorisch und unwiderruflich, dass die im Bereich der menschlichen Dimension eingegangenen Verpflichtun- gen ein unmittelbares und berechtigtes Anliegen aller Teilnehmerstaaten und nicht ausschließ- lich eine innere Angelegenheit des betroffenen Staates darstellen. Wir zollen der Zivilgesellschaft und den freien Medien unsere Anerkennung, die mit ihrer Tätigkeit mithelfen, die volle Achtung der Menschenrechte und Grundfreiheiten, der Demokratie, einschließlich freier und fairer Wah- len, und der Rechtsstaatlichkeit zu gewährleisten.
7. Vor uns liegen noch immer schwerwiegende Bedrohungen und große Heraus-forderungen. Miss- trauen und divergierende Sicherheitsvorstellungen müssen überwunden werden. Unsere Verpflich- tungen in der politisch-militärischen Dimension, der Wirtschafts- und Umweltdimension und der menschlichen Dimension müssen vollständig umgesetzt werden. Die Achtung der Menschenrechte und Grundfreiheiten, der Demokratie, und der Rechtsstaatlichkeit muss gewahrt und gestärkt wer- den. Größere Anstrengungen müssen zur Förderung der Religions- und Glaubensfreiheit und zur Bekämpfung von Intoleranz und Diskriminierung unternommen werden. (…) (…)
9. Gleichzeitig müssen wir in der komplexen und vernetzten Welt von heute in der Auseinander- setzung mit neuen grenzüberschreitenden Bedrohungen wie Terrorismus, organisierte Kriminali- tät, illegale Migration, Verbreitung von Massenvernichtungswaffen, Bedrohungen aus dem Internet und illegaler Handel mit Kleinwaffen und leichten Waffen, Drogen und Menschen zu einer grö- ßeren Einigkeit des Wollens und Handelns finden. Diese Bedrohungen können ihren Ursprung innerhalb und außerhalb unserer Region haben.
10. Wir anerkennen, dass die Sicherheit des OSZE-Raums untrennbar mit der Sicherheit in angren- zenden Gebieten, insbesondere im Mittelmeerraum und in Asien, verbunden ist. Wir müssen des- halb verstärkt mit unseren Kooperationspartnern zusammenarbeiten. Wir verweisen dabei vor allem auf die Notwendigkeit, unter Berücksichtigung der Möglichkeiten und nationalen Interessen der einzelnen Teilnehmerstaaten einen wirksamen Beitrag zu den gemeinsamen internationalen Bemühungen zur Förderung eines stabilen, unabhängigen, prosperierenden und demokratischen Afghanistan zu leisten.
379 Astana 2010
11. Wir begrüßen Initiativen zur Stärkung der europäischen Sicherheit. Unser Sicherheitsdialog hat, unterstützt durch den Korfu-Prozess, mitgeholfen, unseren Blick für diese und andere Her- ausforderungen, mit denen wir in allen drei Dimensionen konfrontiert sind, zu schärfen. Nun ist es Zeit zu handeln, und wir müssen uns konkrete und realistische Ziele für die Auseinanderset- zung mit diesen Herausforderungen setzen. Wir sind entschlossen, gemeinsam an der vollen Ver- wirklichung der Vision einer umfassenden, kooperativen und unteilbaren Sicherheitsgemeinschaft in unserem gesamten OSZE-Raum zu arbeiten. Diese Sicherheitsgemeinschaft soll in die Lage ver- setzt werden, die Herausforderungen des 21. Jahrhunderts erfolgreich zu bewältigen, und unser bedingungsloses Bekenntnis zu den gemeinsamen OSZE-Normen, -Prinzipien und -Verpflichtun- gen in allen drei Dimensionen zur Grundlage haben. Sie soll alle OSZE-Teilnehmerstaaten in der gesamten euroatlantischen und eurasischen Region einen, frei von allem Trennenden, von Kon- flikten, Einflussbereichen und Zonen mit unterschiedlichem Sicherheitsniveau. Wir werden danach trachten, dass die Zusammenarbeit zwischen unseren Staaten – und zwischen den einschlägigen Organisationen und Institutionen, denen sie angehören, – in den Prinzipien Gleichheit, partner- schaftliche Zusammenarbeit, Nicht-Ausschluss und Transparenz verankert ist. Bestärkt durch unsere Vielfalt bringen wir unseren festen Willen zum Ausdruck, dieses über allem stehende Ziel durch unerschütterliche Entschlossenheit und gemeinsames Streben im Rahmen der OSZE und anderer Formate zu erreichen. (…)
380 Dokument des achtzehnten Treffens des Ministerrats Vilnius 2011
I. Erklärungen des Ministerrats
Ministererklärung über die Bekämpfung jeder Form von Menschenhandel
I.
1. Wir, die Mitglieder des Ministerrats der OSZE, erklären unsere feste und unerschütterliche Ent- schlossenheit, gegen jede Form von Menschenhandel vorzugehen.
2. Wir stellen fest, dass der Menschenhandel ein schwerwiegendes und abscheuliches Verbrechen ist, das die menschliche Würde verletzt und die Ausübung der Menschrechte und Grundfreihei- ten infrage stellt und die Bildung organisierter krimineller Netzwerke fördert.
3. Wir bekennen uns weiterhin vollauf zur allgemeinen Erklärung der Menschenrechte: „Niemand darf in Sklaverei oder Leibeigenschaft gehalten werden; Sklaverei und Sklavenhandel sind in allen ihren Formen verboten.”
4. Wir erklären erneut die Unterstützung der Teilnehmerstaaten für die Ratifizierung und vollstän- dige Umsetzung des Übereinkommens der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität und des Zusatzprotokolls zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, als internationale Rechts- grundlage für den Kampf gegen den Menschenhandel. Ferner betonen wir die Wichtigkeit, den Weltaktionsplan der Vereinten Nationen zur Bekämpfung des Menschenhandels (A/RES/64/293) zu verabschieden,
der die Zusammenarbeit und Koordinierung zwischen allen maßgeblichen Interessenträgern sowie umfassende, koordinierte und konsequente Maßnahmen auf nationaler, regionaler und interna- tionaler Ebene zur Bekämpfung des Menschenhandels fördert, und begrüßt die Bemühungen der OSZE um dessen Umsetzung.
5. Wir anerkennen die Fortschritte, die die OSZE-Teilnehmerstaaten einzeln und gemeinsam im Kampf gegen dieses abscheuliche Verbrechen bisher gemacht haben. Wir erinnern an unser uneingeschränktes Bekenntnis zu der von der OSZE eingegangenen Verpflichtung zur Bekämp- fung des Menschenhandels sowie an unsere feste Entschlossenheit, dieser Verpflichtung mittels eines dimensionsübergreifenden Ansatzes nachzukommen, wie er in verschiedenen OSZE-Doku- menten niedergelegt ist, (…).
6. Wir äußern unsere tiefe Besorgnis angesichts der Tatsache, dass der Menschenhandel trotz ununterbrochener Maßnahmen auf internationaler, regionaler und nationaler Ebene nach wie vor ein schwerwiegendes Problem darstellt, die Zahl der identifizierten und unterstützten Opfer
381 Vilnius 2011
von Menschenhandel noch immer sehr gering ist und nur wenige Menschenhändler vor Gericht gestellt wurden. Wir sind zutiefst besorgt, dass der Menschenhandel für die Zwecke der Organent- nahme, der sexuellen Ausbeutung und der Ausbeutung der Opfer als Arbeitskräfte, einschließlich Zwangsdienstbarkeit, noch immer ein schwerwiegendes Problem darstellt.
7. Wir nehmen mit Befriedigung Kenntnis von der wichtigen Rolle der Sonderbeauftragten und Koordinatorin für die Bekämpfung des Menschenhandels, die die Teilnehmerstaaten auf deren Ersuchen bei der Umsetzung der OSZE-Verpflichtungen im Bereich der Bekämpfung des Men- schenhandels unterstützt. Wir messen der engen Zusammenarbeit der Sonderbeauftragten mit den Durchführungsorganen der OSZE in koordinierender Funktion unter voller Beachtung von deren Mandaten großen Wert bei. Zu diesen zählen das OCEEA, die Abteilung Genderfragen, das BDIMR einschließlich seiner Gruppe Programme gegen den Menschenhandel und der Kontakt- stelle für Fragen der Roma und Sinti sowie die Sonderbeauftragte des amtierenden Vorsitzenden für Gleichstellungsfragen sowie gegebenenfalls die OSZE-Feldoperationen. Im Sinne der Gedenk- erklärung von Astana schätzen wir die Zusammenarbeit mit Parlamentariern der Teilnehmer- staaten bei der Bekämpfung des Menschenhandels. Wir anerkennen insbesondere die jüngsten Bemühungen der OSZE um Aufklärung über den Menschenhandel für die Zwecke der Ausbeu- tung von Arbeitskräften, einschließlich Zwangsdienstbarkeit, sowie über Kinderhandel und den Menschenhandel für die Zwecke der Organentnahme.
8. Wir fördern und unterstützen multidisziplinäre Zusammenarbeit, sektorenübergreifende Aus- bildung und multilaterale Partnerschaften. Wir begrüßen die Initiativen der OSZE-Sonderbeauf- tragten unter der Schirmherrschaft der Allianz gegen Menschenhandel (…).
II.
9. Wir anerkennen die Notwendigkeit, strafrechtliche Maßnahmen gegen den Menschenhandel zu verstärken, unter anderem durch strafrechtliche Verfolgung der Menschenhändler und ihrer Komplizen, und gleichzeitig sicherzustellen, dass im Umgang mit den Opfern von Menschenhan- del deren Menschenrechte respektiert werden und sie Zugang zu den Gerichten, zu juristischem Beistand sowie zu wirksamer Entschädigung und gegebenenfalls anderen Arten der Hilfestellung erhalten. Wir werden Ermittlungsmethoden wie Untersuchungen im Finanzbereich prüfen, den Informationsaustausch über organisierte Verbrecherbanden verbessern und die grenzüberschrei- tende Zusammenarbeit zwischen Strafverfolgungsbehörden bzw. Justizbehörden fördern, um sowohl die Menschenhändler als auch potenzielle Opfer von Menschenhandel ermitteln zu können.
10. Wir sind uns der Notwendigkeit bewusst, durch entsprechende Maßnahmen sicherzustel- len, dass Opfer von Menschenhandel, die als solche erkannt werden, nicht für ihre Beteiligung an rechtswidrigen Handlungen bestraft werden, sofern sie zu diesen gezwungen wurden. Wir fordern die Teilnehmerstaaten eindringlich auf, umfassende und zielführende Maßnahmen zur Unterstüt- zung der Opfer von Menschenhandel zu ergreifen.
11. Wir werden uns verstärkt um die Identifizierung und Unterstützung der Opfer von Men- schenhandel bemühen und dabei auf besonders gefährdete Bevölkerungsgruppen achten. Je nach Fall werden wir mit Informationskampagnen die durch Menschenhandel gefährdeten Zielgrup- pen ansprechen und uns mit den sozialen, wirtschaftlichen, kulturellen, politischen und sonsti- gen Faktoren auseinandersetzen, die Menschen zu leichter Beute von Menschenhändlern werden lassen. Wir werden Präventionsbemühungen verstärken und unterstützen und vor allem an der Nachfrageseite ansetzen, die den Menschenhandel in all seinen Formen begünstigt, sowie bei den Waren und Dienstleistungen, die durch Menschenhandel entstehen.
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12. Wir anerkennen die wichtige Rolle zivilgesellschaftlicher Organisationen für die Unterstüt- zung und Stärkung des Selbstbewusstseins der Opfer von Menschenhandel.
13. Wir stellen fest, dass die Systeme zum Schutz der Kinder verstärkt werden müssen, um eine wirksame Prävention, Identifizierung und Reaktion auf Kinderhandel in allen seinen Formen zu ermöglichen und den Opfern von Kinderhandel oder durch Kinderhandel gefährdeten Kindern unter Beachtung des Kindeswohls Unterstützung und Hilfe angedeihen zu lassen, etwa auch durch entsprechende Leistungen und Maßnahmen für ihr körperliches und seelisches Wohl sowie für ihre Erziehung, Rehabilitation und Wiedereingliederung.
14. Wir stellen fest, dass zur wirksamen Verhütung von Menschenhandel für die Zwecke der Aus- beutung von Arbeitskräften die arbeitsrechtlichen Bestimmungen eingehalten werden müssen. Wir empfehlen, Maßnahmen zur Verbesserung der Arbeitsbedingungen und zur Förderung der wirk- samen Durchsetzung international anerkannter Arbeitnehmerrechte zu entwickeln und anzuwen- den, etwa in Form von Arbeitsinspektionen, der Kontrolle privater Arbeitsvermittlungsagenturen und der Entwicklung anderer Programme, die Arbeitnehmer in Ausübung ihrer Arbeitnehmer- rechte unterstützen.
15. Wir ermutigen die Teilnehmerstaaten, in Zusammenarbeit mit der Privatwirtschaft unter Beachtung der Grundsätze der Sorgfalt und Transparenz das Ausbeutungsrisiko in der gesamten Versorgungskette zu bewerten und sich damit auseinanderzusetzen und dafür Sorge zu tragen, dass Arbeitnehmer Zugang zu Mechanismen für die Beseitigung missbräuchlicher Praktiken und zur Entschädigung haben. Wir ermutigen dazu, die vor Kurzem verabschiedeten Leitprinzipien für Unternehmen und die Menschenrechte zu verbreiten und umzusetzen. Ferner legen wir den Regierungen nahe, die Übernahme vergleichbarer Standards, einschließlich der „Null-Toleranz- Politik“, in das staatliche Beschaffungswesen für Waren und Dienstleistungen zu übernehmen.
III.
16. Wir unterstreichen, dass die OSZE eine äußerst wertvolle Plattform für Dialog und verstärkte Zusammenarbeit zwischen den Teilnehmerstaaten für ein umfassendes Vorgehen gegen jede Form von Menschenhandel bietet. Angesichts dessen bekräftigen wir unsere Entschlossenheit, die OSZE- Verpflichtungen zu erfüllen, einschließlich des Aktionsplans zur Bekämpfung des Menschen- handels, die einschlägigen Organe der OSZE in vollem Umfang zu nutzen und die Partnerschaft der OSZE mit anderen internationalen und regionalen Organisationen sowie mit der Zivilgesell- schaft zu stärken.
II. Beschlüsse des Ministerrats
Beschluss Nr. 5/11
Kooperationspartner
Der Ministerrat,
eingedenk der Schlussakte von Helsinki von 1975, in der die enge Verbindung zwischen Frieden und Sicherheit in Europa und in der ganzen Welt anerkannt wird,
eingedenk der OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwan- zigsten Jahrhundert, die 2003 auf dem Elften Treffen des Ministerrats in Maastricht angenommen
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wurde und in der es heißt, dass die OSZE ihre Zusammenarbeit mit ihren Kooperationspartnern im Mittelmeerraum und Asien intensivieren wird, indem sie beizeiten Bereiche gemeinsamer Inte- ressen und Anliegen und Möglichkeiten für ein weiteres abgestimmtes Vorgehen aufzeigt,
in der festen Überzeugung, dass die Sicherheit des OSZE-Raums untrennbar mit der Sicherheit in den Regionen der Kooperationspartner verbunden ist, und in Bekräftigung unserer Zusage, unse- ren Dialog und unsere Zusammenarbeit mit den Kooperationspartnern im Mittelmeerraum und in Asien zu intensivieren und unsere Fähigkeiten zu verstärken, auf der Grundlage der OSZE-Nor- men, -Prinzipien und -Verpflichtungen auf die von den Partnern aufgezeigten Bedürfnisse und Prioritäten der Partner einzugehen,
in Anerkennung der demokratischen Übergangsprozesse und des politischen, wirtschaftlichen und sozialen Umbruchs, der 2011 in den Ländern einiger Mittelmeer-Kooperationspartner statt- gefunden hat,
in Würdigung der freiwilligen Reformprozesse, die in einigen Partnerländern im Mittelmeer- raum durchgeführt wurden,
im Bewusstsein, dass jedes Land anders ist und das Recht hat, unter Achtung der universellen Werte der Menschenrechte und der Würde des Menschen sein eigenes politisches Modell zu entwickeln,
zustimmend, dass die Erfahrung der OSZE in verschiedenen Bereichen für die Partner von Inter- esse und möglicherweise nützlich sein kann, unter uneingeschränkter Berücksichtigung der Tat- sache, dass die Verantwortung für nationale politische Entscheidungen in erster Linie bei ihnen liegt, sowie ihres jeweiligen politischen, sozialen, kulturellen und religiösen Erbes und im Ein- klang mit ihren Bedürfnissen, Zielen und nationalen Prioritäten,
die Bereitschaft der OSZE bekräftigend, über ihre Durchführungsorgane im Rahmen ihres jewei- ligen Mandats, im Einklang mit festgelegten Verfahren und auf Ersuchen den Kooperationspart- nern gegebenenfalls Unterstützung bei der freiwilligen Umsetzung der OSZE-Normen, -Grundsätze und -Verpflichtungen zu leisten,
in Anerkennung der wichtigen Rolle der Zivilgesellschaft in den Ländern der Kooperationspart- ner für die Förderung von Demokratie, Rechtsstaatlichkeit und die vollständige Achtung der Men- schenrechte und Grundfreiheiten,
die Fortschritte begrüßend, die in den letzten Jahren durch Dialog und Zusammenarbeit mit unse- ren Kooperationspartnern im Mittelmeerraum und Asien auch durch ihre stärkere Einbindung in OSZE-Treffen und -Aktivitäten einschließlich der Durchführung konkreter gemeinsamer Pro- jekte erzielt wurden,
unter Hinweis auf den Beschluss Nr. 571 des Ständigen Rates über die Fortsetzung des Dialogs und der Zusammenarbeit mit den Kooperationspartnern und die Erkundung des möglichen Umfangs für die umfassendere Weitergabe der OSZE-Normen, -Prinzipien und -Verpflichtungen an andere, den Ministerratsbeschluss Nr. 17/04 über die OSZE und ihre Kooperationspartner sowie die Minis- tererklärung von Madrid zu den Kooperationspartnern der OSZE,
unter Hinweis auf die Gedenkerklärung von Astana 2010, in der die Notwendigkeit betont wurde, verstärkt mit den Kooperationspartnern zusammenzuarbeiten,
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in Bekräftigung der Unterstützung für die Zusammenarbeit der Parlamentarischen Versammlung der OSZE mit den Kooperationspartnern, einschließlich durch die Abhaltung des jährlichen Par- lamentarierforums zum Mittelmeerraum, und Kenntnis nehmend von der diesbezüglichen Arbeit der Parlamentarischen Versammlung der OSZE,
bekräftigt erneut seine Bereitschaft, zukünftige Anträge auf Partnerschaft von interessierten Län- dern im Einklang mit Beschluss Nr. 430 des Ständigen Rates vom 19. Juli 2001 zu prüfen. in Aner- kennung der wichtigen Rolle der Zivilgesellschaft in den Ländern der Kooperationspartner für die Förderung von Demokratie, Rechtsstaatlichkeit und die vollständige Achtung der Menschen- rechte und Grundfreiheiten,
die Fortschritte begrüßend, die in den letzten Jahren durch Dialog und Zusammenarbeit mit unse- ren Kooperationspartnern im Mittelmeerraum und Asien auch durch ihre stärkere Einbindung in OSZE-Treffen und -Aktivitäten einschließlich der Durchführung konkreter gemeinsamer Pro- jekte erzielt wurden,
unter Hinweis auf den Beschluss Nr. 571 des Ständigen Rates über die Fortsetzung des Dialogs und der Zusammenarbeit mit den Kooperationspartnern und die Erkundung des möglichen Umfangs für die umfassendere Weitergabe der OSZE-Normen, -Prinzipien und -Verpflichtungen an andere, den Ministerratsbeschluss Nr. 17/04 über die OSZE und ihre Kooperationspartner sowie die Minis- tererklärung von Madrid zu den Kooperationspartnern der OSZE,
unter Hinweis auf die Gedenkerklärung von Astana 2010, in der die Notwendigkeit betont wurde, verstärkt mit den Kooperationspartnern zusammenzuarbeiten,
in Bekräftigung der Unterstützung für die Zusammenarbeit der Parlamentarischen Versammlung der OSZE mit den Kooperationspartnern, einschließlich durch die Abhaltung des jährlichen Par- lamentarierforums zum Mittelmeerraum, und Kenntnis nehmend von der diesbezüglichen Arbeit der Parlamentarischen Versammlung der OSZE,
1. beschließt, die Kooperationspartnerschaft durch die Ausweitung des Dialogs, die Intensivie- rung politischer Konsultationen, die Stärkung der praktischen Zusammenarbeit und den weite- ren Austausch von Erfahrungen und vorbildlichen Methoden, die im Zuge der Entwicklung einer umfassenden, kooperativen und unteilbaren Sicherheit gewonnen wurden, in den drei OSZE- Dimensionen entsprechend den von den Kooperationspartnern aufgezeigten Bedürfnissen und Prioritäten weiter auszubauen;
2. ermutigt die Durchführungsorgane der OSZE, im Einklang mit ihrem jeweiligen Mandat und den festgelegten Verfahren in allen drei Dimensionen eine handlungsorientierte Zusammenarbeit mit den Partnerländern – auch unter Berücksichtigung der jährlichen Partnerkonferenzen – durch die Bereitstellung von Expertenberatung, den Austausch von Informationen über Erfahrungen und vorbildliche Methoden auf Ersuchen der Partner und erforderlichenfalls auf der Grundlage einschlägiger OSZE-Beschlüsse aufzunehmen, und lädt die Partner ein, verstärkt an den OSZE- Aktivitäten teilzunehmen;
3. beschließt, im Rahmen der Partnerschaft die Bemühungen zur Förderung der OSZE-Normen, -Prinzipien und -Verpflichtungen über die Kontakte in Absprache mit anderen einschlägigen regionalen und internationalen Organisationen, insbesondere den Vereinten Nationen, vor allem durch den entsprechenden Austausch von Erfahrungen und vorbildlichen Methoden sowie gege- benenfalls durch gemeinsame Projekte und Aktivitäten in allen drei Dimensionen zu verstärken;
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4. appelliert an den OSZE-Vorsitz und die Kontaktgruppen, gemeinsam mit dem Generalsekretär den regelmäßigen Dialog auf hoher Ebene mit den Kooperationspartnern zu verstärken und aus- zubauen, um das gegenseitige Verständnis zu verbessern und politische Unterstützung und Hilfe auf hoher Ebene für die Kooperationspartner unter Berücksichtigung ihrer Bedürfnisse und Prio ritäten sicherzustellen;
5. appelliert an die Durchführungsorgane der OSZE, im Rahmen ihres jeweiligen Mandats eine breitere Teilnahme von Amtsträgern und Vertretern der Zivilgesellschaft der Kooperationspart- ner an einschlägigen OSZE-Veranstaltungen, gegebenenfalls auch unter Nutzung des Partner- schaftsfonds, zu fördern;
6. beauftragt den Generalsekretär, in Absprache mit dem OSZE-Vorsitz mögliche Optionen für eine handlungs- und ergebnisorientierte Zusammenarbeit mit den Partnern in Abstimmung mit den Vereinten Nationen und anderen einschlägigen regionalen und internationalen Organisatio- nen und Institutionen zu sondieren und gegebenenfalls Vorschläge für weitere Schritte des Stän- digen Rates zu unterbreiten;
7. ersucht den Ständigen Rat, sich mit der Frage weiter zu befassen und Möglichkeiten für ein künf- tiges Engagement für die Kooperationspartner auf deren Ersuchen zu prüfen;
8. ermutigt die Teilnehmerstaaten und die Kooperationspartner, ihre Erfahrungen auszutauschen und zu den OSZE-Aktivitäten in allen drei Dimensionen beizutragen, einschließlich gegebenen- falls durch Beiträge zum Partnerschaftsfonds, um das künftige Engagement für die Kooperati- onspartner zu fördern;
9. bekräftigt erneut seine Bereitschaft, zukünftige Anträge auf Partnerschaft von interessierten Ländern im Einklang mit Beschluss Nr. 430 des Ständigen Rates vom 19. Juli 2001 zu prüfen.
Beschluss Nr. 10/11
Förderung der Chancengleichheit für Frauen in der Wirtschaft
Der Ministerrat,
in Bekräftigung der Verpflichtung der Teilnehmerstaaten zur vollständigen Umsetzung von Beschluss Nr. 14/04 über den OSZE-Aktionsplan zur Förderung der Gleichstellung von Frauen und Männern, der auf dem Zwölften Treffen des Ministerrats in Sofia 2004 angenommen wurde, (…)
in Bekräftigung der Verpflichtungen, (…), die sich auf die Förderung gleicher Rechte von Frauen und Männern auf Chancengleichheit und Teilhabe am Wirtschaftsleben beziehen,
in der Erkenntnis, dass die Teilhabe von Frauen am Wirtschaftsleben entscheidend zur Erholung der Wirtschaft, zu nachhaltigem Wachstum und zur Entstehung von solidarischen Gesellschaften beiträgt und somit für die Sicherheit und Stabilität im OSZE-Raum unerlässlich ist,
mit Besorgnis feststellend, dass Frauen in der OSZE-Region nach wie vor mit einer Ungleichbe- handlung in Bezug auf den Zugang zum Arbeitsmarkt – bis hin zu nach Geschlecht getrennten Arbeitsmärkten – ausgesetzt sind, dass nach wie vor kein gleicher Zugang zu Sozialschutz sowie zu qualitativ hochwertigen Arbeitsplätzen und Vollzeitbeschäftigung gegeben ist und dass die
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Bemühungen zur Beseitigung der Einkommensunterschiede bei gleicher Arbeit, die zu einem redu- zierten Lebenseinkommen und niedrigen Ruhegehältern für Frauen und schließlich zu zunehmen- der Frauenarmut führen, nur langsam vorankommen,
besorgt darüber, dass Frauen in Führungspositionen der Wirtschaft und in Entscheidungsprozes- sen im öffentlichen und privaten Sektor nach wie vor unterrepräsentiert sind,
ferner besorgt über die anhaltenden Einschränkungen für eine tatsächliche Teilhabe der Frauen am Wirtschaftsleben, insbesondere in Hinblick auf wirtschaftliche und finanzielle Mittel wie Kre- dite, Eigentums- und Erbrechte und deren Kontrolle,
in Erkenntnis der Notwendigkeit einer verbesserten und systematischen Erfassung geschlechts- spezifisch aufgeschlüsselter Daten und der Durchführung von Studien über Chancengleichheit in der Wirtschaft als Grundlage für Planung und Handeln,
unter Hinweis auf die Notwendigkeit wirtschafts- und sozialpolitischer Strategien zur Bekämp- fung der tieferen Ursachen des Menschenhandels, insbesondere zur Beseitigung der Diskrimi- nierung von Frauen auf dem Arbeitsmarkt und zur Befassung mit den wirtschaftlichen Faktoren, die dafür verantwortlich sind, dass Frauen besonders leicht Opfer von Menschenhandel werden,
in der Erkenntnis, dass auch in Zukunft eine laufende Kontrolle der Umsetzung bestehender Ver- pflichtungen zur Beseitigung der Diskriminierung von Frauen und zur Förderung der Chancen- gleichheit für Frauen im Wirtschaftsleben notwendig ist – zur Ermittlung und zum Austausch bewährter Verfahren sowie zur Entwicklung wirksamer Ansätze, einschließlich in der Organisa- tion und ihren Durchführungsorganen, (…)
in der Erkenntnis, dass Frauen durch weitere Hindernisse, abgesehen von den geschlechtsspezifi- schen, an der Teilhabe am Wirtschaftsleben gehindert werden,
fordert die Teilnehmerstaaten auf:
1. Daten zur Ermittlung und Bewältigung von Hindernissen für Frauen, in der Wirtschaft ihr Potenzial auszuschöpfen, zu sammeln und zu analysieren und gegebenenfalls und im Einklang mit den nationalen Rechtsvorschriften Nichtregierungs- und Forschungsgremien bei der Aus- arbeitung gezielter Untersuchungen, einschließlich von bewährten Praktiken, zu unterstützen;
2. die Zuteilung von Haushaltsmitteln für die Förderung der Gleichstellung der Geschlechter in der Wirtschaft zu beurteilen und konkrete Maßnahmen zu ergreifen, die Frauen gleiche Chancen für die wirtschaftliche Teilhabe und den Zugang zu Sozialschutz verschaffen sowie qualitativ hoch- wertige Arbeitsplätze, Vollzeitbeschäftigung und/oder selbständige Erwerbstätigkeit unterstützen;
3. die Entwicklung von unternehmerischen und anderen berufsbezogenen Fähigkeiten von Frauen zu fördern und Genderaspekte – mit besonderem Augenmerk auf Frauen – in die Migrationspo- litik aufzunehmen, um unter anderem zu verhindern, dass sie Opfer bzw. mehrfach Opfer von Menschenhandel werden;
4. politische Strategien und gesetzgeberische Maßnahmen, einschließlich gegebenenfalls Maß- nahmen und Aktionen positiver Diskriminierung, die die Chancengleichheit von Frauen bei der Teilhabe am Arbeitsmarkt fördern und schützen, auch durch den Ausbau von Kinderbetreuungs- und Pflegeeinrichtungen, in die Wege zu leiten oder zu verstärken;
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5. konkrete Maßnahmen zur Förderung der Chancengleichheit für Frauen in der Wirtschaft zu ermitteln und gegebenenfalls wirksame einzelstaatliche Mechanismen zur begleitenden Kont- rolle der Fortschritte in diesem Bereich, etwa beim Ausgleich von Einkommensunterschieden, zu schaffen;
6. die Aufteilung von Hausarbeit sowie der elterlichen und Betreuungspflichten durch Ausbau des Vaterschaftsurlaubs zu fördern; diskriminierungsfreie Beschäftigungspolitiken und -prakti- ken und einen gleichberechtigten Zugang zu Bildung sowie Fortbildung zu fördern; Maßnahmen zur leichteren Vereinbarung von beruflichen und familiären Verpflichtungen zu ergreifen; danach zu trachten, sicherzustellen, dass sich Strukturanpassungsstrategien und -programme nicht zum Nachteil der Frauen diskriminierend auswirken;
7. die Entwicklung des für die erfolgreiche Ausarbeitung und Umsetzung derartiger Politiken not- wendigen Umfelds durch gezielte Informations- und Sensibilisierungsaktivitäten über den Nutzen von Maßnahmen zur Förderung der Chancengleichheit von Frauen für die Teilnahme am Wirt- schaftsleben und zur Bekämpfung der sozialen Ausgrenzung und Diskriminierung von Frauen zu unterstützen;
8. Maßnahmen einzuführen und einen Dialog mit dem privaten Sektor aufzunehmen, um Chan- cengleichheit in Bezug auf die beruflichen Entwicklungsmöglichkeiten von Frauen zu schaffen und Einkommensunterschiede zu beseitigen;
9. im Rahmen des Möglichen Maßnahmen zu entwickeln und zu verstärken, die zu einer größe- ren Diversifizierung in traditionsgemäß männer- oder frauendominierten Beschäftigungsbran- chen führen;
10. ermutigt die Kooperationspartner, die Bestimmungen dieses Beschlusses auf freiwilliger Basis umzusetzen.
388 Dokument des neunzehnten Treffens des Ministerrats Dublin 2012
Erklärungen des Ministerrats
Erklärung über die Stärkung von guter Regierungsführung und die Bekämpfung von Korruption, Geldwäsche und Terrorismusfinanzierung
Wir, die Mitglieder des Ministerrats der Organisation für Sicherheit und Zusammenarbeit in Europa, erklären unsere nachdrückliche Unterstützung für die Förderung von guter Regierungs- führung und Transparenz im OSZE-Raum.
Wir stellen fest, dass die Charta der Vereinten Nationen, die Schlussakte von Helsinki und spätere wegweisende Dokumente der OSZE gemeinsame Verpflichtungen, Grundsätze und Instrumente enthalten, die die Teilnehmerstaaten in ihren Bemühungen zur Förderung von guter Regierungs- führung und Transparenz implementieren sollten.
Wir erklären erneut, dass gute Regierungsführung auf allen Ebenen eine grundlegende Voraus- setzung für Wirtschaftswachstum, politische Stabilität und Sicherheit ist. Verantwortungsvolle Führung im öffentlichen und wirtschaftlichen Bereich, Rechtsstaatlichkeit und starke Institutio nen sind wesentliche Grundlagen für eine gesunde Wirtschaft, durch die unsere Staaten in die Lage versetzt werden können, Armut und Ungleichheit zu reduzieren, die gesellschaftliche Inte- gration zu verstärken, Chancengleichheit für alle zu verwirklichen, Investitionsanreize zu setzen und die Umwelt zu schützen.
Wir bekräftigen, dass Frieden, gute internationale Beziehungen, die Sicherheit und Stabilität des Staates und die Sicherheit des Einzelnen innerhalb des Staates auf der Grundlage der Rechtsstaat- lichkeit und der Achtung der Menschenrechte entscheidende Voraussetzungen für die Schaffung einer Atmosphäre des Vertrauens sind, die für eine positive wirtschaftliche und soziale Entwick- lung unverzichtbar ist.
Transparenz in öffentlichen Angelegenheiten ist eine wesentliche Voraussetzung für die Rechen- schaftspflicht der Staaten und für die aktive Teilnahme der Zivilgesellschaft und des privaten Sek- tors am Wirtschafts- und Entwicklungsgeschehen. Transparenz erhöht die Berechenbarkeit der Institutionen und der Wirtschaft, die auf der Grundlage entsprechender Gesetze und unter vorbe- haltloser Achtung der Rechtsstaatlichkeit funktionieren, und stärkt das Vertrauen in sie.
Wir sind uns darin einig, dass Probleme der Regierungsführung, darunter Korruption und Geld- wäsche, die Teilnehmerstaaten in ihrer Fähigkeit schwächen, eine nachhaltige Entwicklung im wirtschaftlichen, sozialen und Umweltbereich wirksam zu gewährleisten, und den sozialen Zusam- menhalt, die Stabilität und die Sicherheit gefährden. Schwache Regierungsführung ist einer der Gründe, die die Ausbreitung des Terrorismus begünstigen. Deshalb erneuern wir unser nach- drückliches Bekenntnis zur Bekämpfung von Korruption, Geldwäsche, Terrorismusfinanzierung
389 Dublin 2012
und damit zusammenhängenden Straftaten und erklären sie zu Prioritäten unserer Politik, gestützt auf geeignete Rechtsinstrumente, angemessene finanzielle, personelle und institutionelle Ressour- cen und, wo erforderlich, geeignete Instrumente für ihre praktische und wirksame Umsetzung.
Wir erkennen die Fortschritte an, die die OSZE-Teilnehmerstaaten bisher, einzeln und gemein- sam, bei der Auseinandersetzung mit diesen Bedrohungen und Herausforderungen für die Stabi- lität und Sicherheit gemacht haben. Wir halten fest, dass die politischen OSZE-Verpflichtungen in Bezug auf gute Regierungsführung und Transparenz für alle drei Dimensionen Geltung haben, und wir bekennen uns erneut voll und ganz zur Umsetzung dieser Verpflichtungen durch einen umfassenden Ansatz, wie in diesem und anderen maßgeblichen OSZE-Dokumenten festgelegt.
Wir bekräftigen unsere Zusage, auf einzelstaatlicher Ebene mit Unterstützung einschlägiger inter- nationaler Institutionen daran zu arbeiten, gute Regierungsführung in all ihren Aspekten zu stär- ken und Methoden der Zusammenarbeit zu entwickeln, um uns gegenseitig bei der Erreichung dieses Ziels zu unterstützen.
I. Gute Regierungsführung und Transparenz
Wir betrachten einen öffentlichen Sektor, der auf Integrität, Offenheit, Transparenz, Rechenschafts- pflicht und Rechtsstaatlichkeit gründet, als einen wesentlichen Faktor für nachhaltiges Wirtschafts- wachstum und sind der Auffassung, dass ein solcher öffentlicher Sektor einen wesentlichen Anteil daran hat, das Vertrauen der Bürger in die öffentlichen Einrichtungen und die Regierung zu stär- ken. Wir unterstreichen deshalb die Wichtigkeit, Amtsträgern Bildungs- und Schulungsmöglich- keiten zu ethischem Verhalten anzubieten, einschlägige Verhaltenskodizes und Rechtsvorschriften zur Regelung von Interessenkonflikten zu erstellen und durchzusetzen und umfassende Mecha- nismen zur Offenlegung von Einkünften und Vermögen maßgeblicher Amtsträger zu entwickeln und umzusetzen. Wir sind insbesondere der Meinung, dass sowohl die Ausarbeitung als auch die Einhaltung von Verhaltenskodizes für öffentliche Institutionen von entscheidender Bedeutung für die Stärkung von guter Regierungsführung, der Integrität des öffentlichen Sektors und der Rechts- staatlichkeit sowie für die Vorgabe strenger Ethik- und Verhaltensnormen für Amtsträger sind.
Wir begrüßen die bereits geleistete Unterstützung der OSZE und ihrer Feldoperationen in die- sem Bereich und ersuchen sie, den Teilnehmerstaaten auf deren Ersuchen auch weiterhin wertvolle Unterstützung zu leisten, das gilt auch für den Austausch von Erfahrungen und guten Referenzen einzelner Staaten über die OSZE-Dialogplattform.
Wir sind uns der Tatsache bewusst, dass gute Regierungsführung einen entsprechenden Rahmen von wirtschaftspolitischen Konzepten, Gesetzen und Institutionen verlangt, in dem Unternehmen und Investitionen wachsen können. Wir bekräftigen daher unsere Entschlossenheit, klare recht- liche Rahmenbedingungen zu schaffen, die der Gründung von Unternehmen, auch kleiner und mittlerer, die für das Wirtschaftswachstum so wichtig sind, förderlich sind und ein investitions- freundliches Klima schaffen.
Wir sind uns darüber im Klaren, dass ohne die vollständige und gleichberechtigte Mitwirkung von Frauen und Männern an politischen und wirtschaftlichen Prozessen und Institutionen, wie sie in mehreren OSZE-Dokumenten gefordert wird, gute Regierungsführung nicht verwirklicht und Korruption nicht erfolgreich bekämpft werden kann. Wir unterstreichen die Wichtigkeit, Frauen in die Lage zu versetzen, aktiv an der Gestaltung der Politik und Aktivitäten bezüglich guter Regie- rungsführung mitzuwirken und beizutragen, wovon Männer wie Frauen gleichermaßen profitieren.
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Wir erkennen die Wichtigkeit an, Gesetze und andere Maßnahmen gegen Bestechung zu verab- schieden und durchzusetzen, indem wir unter anderem die Bestechung in- und ausländischer Amtsträger unter Strafe stellen und öffentlich-private Partnerschaften zur Bekämpfung der Beste- chung von Amtsträgern entwickeln.
Wir bekräftigen, dass die effiziente Verwaltung öffentlicher Mittel durch starke und gut funktio- nierende Institutionen, einen professionellen und effizienten öffentlichen Dienst sowie korrekte Abläufe im Haushalts- und öffentlichen Beschaffungswesen wesentliche Bestandteile guter Regie- rungsführung sind.
In diesem Zusammenhang anerkennen wir die Notwendigkeit von Offenheit, Transparenz und Nichtdiskriminierung im Bereich von Waren und Dienstleistungen, bei der Schaffung einer soli- den finanziellen Grundlage für unsere öffentlichen Verwaltungssysteme, bei der Gewährleistung von Transparenz im Steuer- und Haushaltswesen und bei der Einführung fairer und transparen- ter staatlicher Beschaffungssysteme, (…),
II. Bekämpfung von Korruption, Geldwäsche und Terrorismusfinanzierung
Wir ermutigen diejenigen OSZE-Teilnehmerstaaten, die dies noch nicht getan haben, dem Über- einkommen der Vereinten Nationen gegen Korruption (UNCAC) beizutreten und es vollständig umzusetzen. Wir begrüßen die Unterstützung der OSZE für dessen Umsetzung und beauftragen das OSZE-Sekretariat, insbesondere das Büro des Koordinators für Wirtschafts- und Umweltak- tivitäten der OSZE (OCEEA), den OSZE-Teilnehmerstaaten auf deren Ersuchen Hilfestellung in diesem Bereich zu leisten, etwa auch durch die Aufbietung technischer Unterstützung.
Wir sind uns der Notwendigkeit bewusst, die Umsetzung unserer internationalen und nationalen Verpflichtungen in Bezug auf die Korruptionsbekämpfung zu verbessern, indem wir unter ande- rem, je nach Zweckmäßigkeit, Zivilgesellschaft und Wirtschaft in den Prozess einbinden, und anerkennen die Wichtigkeit, diese Verpflichtungen regelmäßig zu überprüfen, etwa im Rahmen des Mechanismus zur Überprüfung der Durchführung des Übereinkommens der Vereinten Nati- onen gegen Korruption gemäß den im Mechanismus vorgesehenen Regelungen.
Wir begrüßen, dass die OSZE und insbesondere das OCEEA die Teilnehmerstaaten auch weiter- hin auf deren Ersuchen unterstützen, sei es bei der Entwicklung bzw. Harmonisierung ihrer inner- staatlichen Antikorruptionsgesetze im Einklang mit ihren internationalen Verpflichtungen, bei der Gewährleistung der praktischen Umsetzung und wirksamen Durchsetzung durch den Aus- tausch von Erfahrungen und bewährten Methoden auf regionaler, subregionaler und nationaler Ebene oder bei der Bereitstellung von Beratung und Ausbildung in Zusammenarbeit mit anderen maßgeblichen Organisationen (…).
Wir sind uns der Tatsache bewusst, dass die Bekämpfung von Korruption langfristige und umfas- sende strategische Ansätze und starke Institutionen verlangt. Wir sind davon überzeugt, dass auf die für die Verhütung, Aufdeckung, Untersuchung, strafrechtliche Verfolgung und richterliche Beurteilung von Korruptionsdelikten zuständigen Organe kein unangemessener Einfluss ausge- übt werden darf. Hier verweisen wir insbesondere auf die zentrale Rolle der Strafverfolgungs- und Rechtsprechungsorgane im Kampf gegen Korruption und für die Gewährleistung der Rechtsstaat- lichkeit. Wir halten es für außerordentlich wichtig, dass die Unabhängigkeit der Justiz sichergestellt wird, damit diese ihre Funktion erfüllen kann, und dass in dieser Hinsicht verstärkte Anstren- gungen unternommen werden. Ferner unterstreichen wir die Bedeutung angemessener Ressour- cen für diese Institutionen und die Notwendigkeit, sie zu gewährleisten.
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Darüber hinaus ist es für die Glaubwürdigkeit unserer Antikorruptionsbemühungen und für die Wirtschaftsentwicklung von größter Bedeutung, den Transfer von Erträgen aus Straftaten sowie Diebstahl, Veruntreuung oder sonstige Abzweigung öffentlicher Gelder wirksam zu verhindern und gestohlene Vermögenswerte wiederzuerlangen. Es ist uns bewusst, dass zur wirksamen Wie- dererlangung von Vermögenswerten entsprechende rechtliche Rahmenbedingungen und Instituti- onen, mit den nötigen Befugnissen ausgestattete Fachleute, die über die erforderlichen Kenntnisse und Ressourcen verfügen, eine proaktive und rasche nationale und internationale Zusammenar- beit, Rahmenbedingungen für eine Vernetzung und ein starker politischer Wille erforderlich sind.
Deshalb unterstützen wir Maßnahmen, die auf die Beseitigung von Hindernissen für die Wie- dererlangung von Vermögenswerten abzielen, unter anderem durch erhöhte Effizienz der Rechts- verfahren und Verhinderung des Missbrauchs dieser Verfahren, verstärkte Anstrengungen gegen Geldwäsche und intensivere internationale Zusammenarbeit zur Wiedererlangung von Vermö- genswerten. (…)
Wir anerkennen die Wichtigkeit, Informanten („Whistleblowers“) aus dem öffentlichen oder dem privaten Sektor ausreichend Schutz zu bieten, da sie eine Schlüsselrolle bei der Verhütung und Aufdeckung von Korruption spielen und damit dem öffentlichen Interesse dienen. Wir werden uns verstärkt um geeignete Maßnahmen zur Schaffung und Umsetzung rechtlicher Mechanismen bemühen, durch die Informanten und ihre nächsten Angehörigen vor Vergeltungsmaßnahmen, Einschüchterung oder anderem psychischen oder physischen Schaden oder dem ungerechtfertig- ten Verlust ihrer Freiheit oder Existenzgrundlage wirksam geschützt werden.
Wir betrachten derartige Maßnahmen als notwendige Bestandteile eines wirksamen Korrupti- onsbekämpfungssystems.
Wir sind uns der Tatsache bewusst, dass der international agierende Terrorismus auf Geldmit- tel angewiesen ist, die Terroristen zugewiesen werden. Die Finanzierung des Terrorismus gibt der gesamten internationalen Staatengemeinschaft Anlass zu großer Sorge. Unserer Überzeugung nach besteht die dringende Notwendigkeit, die internationale Zusammenarbeit zwischen den Staaten bei der Ausarbeitung und Verabschiedung wirksamer Maßnahmen zur Verhütung der Terroris- musfinanzierung und zu deren Unterbindung durch die strafrechtliche Verfolgung und Bestra- fung der Täter zu verstärken. (…)
III. Die Zivilgesellschaft und der Privatsektor
Wir ermutigen die OSZE, ihr umfassendes Sicherheitskonzept weiterzuverfolgen und sich auch künftig der Verstärkung des Dialogs und der Zusammenarbeit zwischen den Regierungen, der Zivilgesellschaft und dem privaten Sektor zu widmen und damit die Bemühungen um gute Regie- rungsführung einschließlich der Bekämpfung von Geldwäsche und Terrorismusfinanzierung in den Teilnehmerstaaten zu unterstützen.
Wir halten es für wichtig, den privaten Sektor in die Bemühungen zur Bekämpfung von Korrup- tion und zur Förderung von guter Regierungsführung einzubinden und ihn im Hinblick auf ein faires und transparentes Unternehmensumfeld in die Pflicht zu nehmen. Ein solches Engagement der Wirtschaft ist wichtig für die Stärkung von guter Regierungsführung, Transparenz, Stabilität und Sicherheit auf nationaler und internationaler Ebene. (...)
Wir legen den Wirtschaftstreibenden nahe, in ihrer Geschäftstätigkeit die sozialen, umweltbezoge- nen, humanitären und sicherheitsrelevanten Bedürfnisse der Teilnehmerstaaten zu berücksichtigen.
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Wir unterstreichen die Wichtigkeit, dass sich Wissenschaft, Wirtschaft und Zivilgesellschaft stärker in die Aufklärungsarbeit über Behinderungen des Wirtschaftswachstums, etwa durch Erschwerung des Marktzugangs, des Handels und der Investitionstätigkeit, einbringen, sowie die Notwendigkeit von mehr Transparenz zur Förderung einer nachhaltigen wirtschaftlichen Entwicklung.
Wir sind der Auffassung, dass Informationsfreiheit und der Zugang zu Informationen die Offen- heit und Rechenschaftspflicht in der staatlichen Politik und im öffentlichen Beschaffungswesen fördern und es der Zivilgesellschaft, einschließlich der Medien, ermöglichen, einen Beitrag zur Verhütung und Bekämpfung von Korruption, Terrorismusfinanzierung und Geldwäsche sowie von deren Vortaten zu leisten. Wir bekräftigen unsere Zusage, für mehr Transparenz in unseren Regierungen zu sorgen und zu diesem Zweck Mechanismen und Institutionen zur zügigen Bereit- stellung von Informationen, einschließlich verlässlicher Statistiken, weiterzuentwickeln, die einen gut informierten und verantwortungsvollen Dialog ermöglichen.
Wir legen großen Wert auf Offenheit in unseren Beziehungen zu den Bürgern in dem Bestreben, Dienstleistungen zu verbessern, die Integrität im öffentlichen Leben zu erhöhen, die öffentlichen Mittel effizient zu verwalten, die Gemeinden sicherer zu machen und die Rechenschaftspflicht in der Privatwirtschaft zu erhöhen. (…)
IV. Fortschritt durch Zusammenarbeit
Wir sehen in der OSZE ein Forum für politischen Dialog, Informationsaustausch und Zusammen- arbeit im Bereich guter Regierungsführung sowie eine Plattform zur Herbeiführung des nötigen politischen Konsenses und Verständnisses für die Bedeutung der Verhütung und Unterbindung von Korruption, Geldwäsche und Terrorismusfinanzierung auf allen Ebenen im Interesse einer nachhaltigen sozioökonomischen Entwicklung und der Stabilität. Wir bekennen uns erneut zur Zusammenarbeit bei der Entwicklung von Strategien für gute Regierungsführung und zum Aus- tausch von Erfahrungen über bewährte Methoden.
Wir begrüßen die gut eingeführte enge Zusammenarbeit zwischen der OSZE und anderen maß- geblichen Organisationen und Institutionen, einschließlich der Vereinten Nationen, und fordern die OSZE-Durchführungsorgane und insbesondere das OCEEA auf, die Zusammenarbeit mit ihnen weiter auszubauen, damit Mehrwert entstehen kann und die Aktivitäten einander ergänzen.
Wir anerkennen den wertvollen Beitrag der OSZE-Durchführungsorgane, einschließlich der OSZE- Feldoperationen, zur umfassenderen Tätigkeit der Organisation zur Förderung von guter Regie- rungsführung, Transparenz und Rechtsstaatlichkeit. Wir fordern sie auf, ihre Zusammenarbeit weiter zu verstärken und ihre Bemühungen um Unterstützung der Teilnehmerstaaten auf deren Ersuchen bei der Umsetzung der Bestimmungen dieser Erklärung auch weiterhin zu koordinieren.
393 Dokument des zwanzigsten Treffens des Ministerrats Kiew 2013
I. Erklärungen des Ministerrats
Ministererklärung über die Verstärkung der Bemühungen der OSZE im Umgang mit grenzüberschreitenden Bedrohungen
Wir, die Mitglieder des Ministerrats der OSZE – in Anerkennung der sich weiterentwickelnden grenzüberschreitenden Bedrohungen in der OSZE-Region und darüber hinaus sowie der Notwen- digkeit, ausgehend von einem koordinierten dimensionsübergreifenden Ansatz auf internationa- ler Ebene gemeinsam und wirksam darauf zu reagieren, (…),
würdigen die Aktivitäten der OSZE-Teilnehmerstaaten zur Stärkung der Zusammenarbeit im Umgang mit grenzüberschreitenden Bedrohungen in Bereichen wie zum Beispiel Terrorismusbe- kämpfung, Kampf gegen organisierte Kriminalität, Menschen- und Drogenhandel, polizeibezo- gene Aktivitäten, Grenzsicherung und Grenzmanagement sowie Entwicklung vertrauensbildender Maßnahmen (VBM) (…); (…)
ermutigen die OSZE-Teilnehmerstaaten und die zuständigen Durchführungsorgane, sich im Rah- men ihrer Mandate und festgelegten Verfahren intensiver darum zu bemühen, im Umgang mit bereits bestehenden und neu entstehenden grenzüberschreitenden Bedrohungen eine einheitli- chere Zielsetzung und Vorgehensweise zu erreichen, und den Dialog in diesem Bereich fortzuset- zen, so auch auf konkreten und zielorientierten OSZE-weiten einschlägigen Konferenzen, die bei Bedarf und vorzugsweise jährlich abzuhalten sind;
fordern die OSZE-Teilnehmerstaaten auf, die Zusammenarbeit mit den Vereinten Nationen und anderen einschlägigen internationalen und regionalen Organisationen auf der Basis der Plattform für kooperative Sicherheit von 1999 sowie mit den OSZE-KooperationsPartnern im Mittelmeer- raum und in Asien – erforderlichenfalls auch mit Unterstützung zuständiger OSZE-Durchführungs- organe – auszubauen, um die Kapazitäten der OSZE in der Bekämpfung grenzüberschreitender Bedrohungen, auch unter Einbindung der Zivilgesellschaft, weiter zu stärken.
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II. Beschlüsse des Ministerrats
Beschluss Nr. 3/13
Gedanken-, Gewissens-, Religions- und Glaubensfreiheit
Der Ministerrat,
in Bekräftigung früherer KSZE/OSZE-Beschlüsse zur Gedanken-, Gewissens-, Religions- und Glaubensfreiheit, (…), (…)
entschlossen, die Achtung und Verwirklichung der Gedanken-, Gewissens-, Religions- und Glau- bensfreiheit für alle zu gewährleisten,
betonend, dass jeder Mensch Anspruch auf Gedanken-, Gewissens-, Religions- und Glaubensfrei- heit hat und dieses Recht auch die Freiheit einschließt, eine Religion oder Weltanschauung seiner Wahl zu haben oder anzunehmen oder keiner Religion oder Weltanschauung anzuhängen, seine Religion oder Weltanschauung zu wechseln, sowie die Freiheit, sich zu seiner Religion oder Welt- anschauung allein oder in Gemeinschaft mit anderen, öffentlich oder privat, durch Lehre, Aus- übung, Gottesdienst sowie Bräuche und Riten zu bekennen. Das Recht auf Ausübung der Religion oder Weltanschauung darf nur den Einschränkungen unterliegen, die im Gesetz vorgesehen sind und mit internationalen Standards im Einklang stehen,
in Bekräftigung der Verpflichtung der Teilnehmerstaaten, das Recht jeder Person auf Gedanken-, Gewissens-, Religions- und Glaubensfreiheit zu achten, zu schützen und zu gewährleisten,
unter Betonung des engen Zusammenhangs zwischen Sicherheit und der uneingeschränkten Ach- tung der Gedanken-, Gewissens-, Religions- und Glaubensfreiheit,
zutiefst besorgt über fortgesetzte Handlungen von Intoleranz und Gewalt gegen Personen und Reli- gions- oder Glaubensgemeinschaften wegen deren Gesinnung, Einstellung, Religion oder Weltan- schauung auf der ganzen Welt,
betonend, dass die Gedanken-, Gewissens-, Religions- und Glaubensfreiheit und alle anderen Menschenrechte und Grundfreiheiten in engem Zusammenhang stehen und einander bedingen und verstärken,
die Wichtigkeit betonend, ein Klima der gegenseitigen Toleranz und Achtung zwischen den Gläu- bigen verschiedener Gemeinschaften sowie zwischen Gläubigen und Nichtgläubigen zu fördern,
ruft die Teilnehmerstaaten dazu auf:
die OSZE-Verpflichtungen hinsichtlich der Gedanken-, Gewissens-, Religions- und Glaubensfrei- heit vollständig umzusetzen;
ihre Verpflichtung, das Recht jeder Person, ihre Religion oder Weltanschauung allein oder in Gemeinschaft mit anderen, öffentlich oder privat, zu bekunden und zu praktizieren und sich durch Lehre, Ausübung, Gottesdienst und die Ausübung und Beachtung religiöser Bräuche zu ihrer
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Religion oder Weltanschauung zu bekennen, vollständig umzusetzen, unter anderem durch trans- parente und nichtdiskriminierende Gesetze, Vorschriften, Verfahren und politische Strategien;
es zu unterlassen, die Religionsausübung oder Bekundung der Weltanschauung von Personen oder Religionsgemeinschaften durch Bestimmungen einzuschränken, die im Widerspruch zu den in der OSZE eingegangenen Verpflichtungen und den internationalen Verpflichtungen stehen;
einen offenen und transparenten Dialog und Partnerschaften zwischen Glaubensrichtungen und Religionsbekenntnissen zu fördern und zu erleichtern;
sich darum zu bemühen, Intoleranz, Gewalt und Diskriminierung aufgrund der Religion oder Welt- anschauung – sei es gegenüber Christen, Juden, Muslimen oder Angehörigen anderer Religionen sowie gegenüber Nichtgläubigen – zu unterbinden, Gewalt und Diskriminierung aus religiösen Gründen zu verurteilen und sich zu bemühen, Angriffe auf Personen oder Gruppen wegen deren Gesinnung, Einstellung, Religion oder Weltanschauung zu verhindern und sie davor zu schützen;
die frühzeitige Einbeziehung von Religions- und Glaubensgemeinschaften in die öffentliche Debatte über entsprechende Gesetzesinitiativen zu fördern;
den Dialog zwischen Religions- und Glaubensgemeinschaften und staatlichen Stellen zu fördern, wo nötig auch zu Fragen betreffend die Nutzung von Andachtsstätten und Eigentum religiöser Gemeinschaften;
wirksame Maßnahmen zur Verhütung und Unterbindung der Diskriminierung von Personen oder Religions- und Glaubensgemeinschaften aufgrund ihrer Religion oder Weltanschauung, auch der Diskriminierung von Nichtgläubigen, durch öffentliche Bedienstete in Ausübung ihrer dienstli- chen Obliegenheiten zu ergreifen;
politische Maßnahmen zur Achtung und zum Schutz von Andachtsstätten und religiösen Orten, Denkmälern, Friedhöfen und Heiligtümern vor Vandalismus und Zerstörung zu beschließen.
Beschluss Nr. 4/13
Verstärkung der Bemühungen der OSZE zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet mit dem besonderen Schwerpunkt Roma- und- UND Sinti-Frauen,-Jugendliche und -Kinder
Der Ministerrat,
in Bekräftigung der Verpflichtungen der OSZE gegenüber den Roma und Sinti, (…), (…)
in dem Bewusstsein, dass im OSZE-Raum verschiedene Anstrengungen, etwa die Entwicklung und Umsetzung nationaler Aktionspläne und Strategien und die Einführung konkreter Programme und politischer Maßnahmen zur Verbesserung der Lage der Roma und Sinti unternommen wurden und dass die Umsetzung dieser Initiativen auf lokaler Ebene für ihre Verwirklichung unabdingbar ist,
Kenntnis nehmend von den Ergebnissen und Empfehlungen für vorrangige Maßnahmen, die das BDIMR in seinem 2013 veröffentlichten zweiten Lagebericht über die Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet ausgesprochen hat,
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(…)
besorgt darüber, dass die Roma und Sinti im OSZE-Raum nach wie vor Zielscheibe von Rassis- mus und von durch Vorurteile motivierter Gewalt sind,
in diesem Zusammenhang feststellend, dass besonders die Roma- und Sinti-Frauen und -Mädchen vielfältigen Formen der Diskriminierung sowie Gewalt und Schikanen ausgesetzt sind,
im Wissen, dass Bildung der Schlüssel ist, der Roma und Sinti, einschließlich Roma- und Sinti- Frauen, -Jugendlichen und -Kindern, insbesondere -Mädchen, bessere Chancen auf gleichberech- tigte Teilhabe am sozialen, politischen, wirtschaftlichen und kulturellen Leben, auf Ausübung ihrer Rechte und auf Förderung ihrer vollständigen Inklusion eröffnet,
in der Überzeugung, dass die Teilnehmerstaaten danach trachten sollten, den Roma und Sinti Gelegenheit zu geben, zu den sie betreffenden politischen Grundsatzentscheidungen beizutragen, und dass Roma und Sinti als Partner betrachtet und in die Verantwortung für die Umsetzung dieser Politiken zur Förderung und Erleichterung ihrer Integration eingebunden werden sollten,
in dem Bewusstsein, dass die Rechte der Roma- und Sinti-Frauen und insbesondere die Gleich- stellung von Frauen und Männern durch die staatliche Politik und die staatlichen Institutionen unter aktiver Mitwirkung der Roma- und Sinti-Frauen unterstützt und gefördert werden müssen,
in der Erwägung, dass Roma- und Sinti-Jugendliche und -Kinder künftig die wichtigsten Interes- senvertreter im Hinblick auf die Förderung der Inklusion der Roma- und Sinti-Bevölkerung und -Gemeinden sowie auf die Förderung ihrer uneingeschränkten Teilhabe am sozialen, bürgerlichen, politischen, wirtschaftlichen und kulturellen Leben der Gesellschaft, in der sie leben, sein werden,
ruft die Teilnehmerstaaten dazu auf:
1. ihre Bemühungen zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet zu verstärken, unter anderem durch eine bessere Kontrolle und Bewertung der Strategien, Politiken und Maßnahmen zur Integration der Roma und Sinti;
2. zu verhindern, dass Roma und Sinti weiter marginalisiert und ausgegrenzt werden, und sich mit der zunehmenden Diskriminierung und dem Anstieg gewalttätiger Äußerungen von Intoleranz gegen Roma und Sinti einschließlich Roma- und Sinti-Migranten auseinanderzusetzen und dazu: 2.1 ihre Bemühungen um mehr Toleranz und die Bekämpfung von Vorurteilen gegen die Roma und Sinti zu verstärken; 2.2 jegliche gegen Roma und Sinti gerichtete Gewalt unmissverständlich und öffentlich zu ver- urteilen; 2.3 unter Beachtung der einschlägigen OSZE-Verpflichtungen in Bezug auf Medienfreiheit gegen negative Stereotypen in den Medien vorzugehen; 2.4 die gesetzlichen und politischen Maßnahmen gegen die Diskriminierung der Roma und Sinti und die von Vorurteilen motivierten Straftaten, die sich gegen sie richten, durchzusetzen und erforderlichenfalls zu verstärken; 2.5 in den Strafverfolgungsbehörden und bei deren Mitarbeitern Kapazitäten für die Feststellung, Datenerhebung, Untersuchung und strafrechtliche Verfolgung von Hassverbrechen gegen Roma und Sinti aufzubauen;
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2.6 die notwendigen Maßnahmen zu treffen, die sicherstellen, dass Opfer von Diskriminierung und gewalttätigen Äußerungen von Intoleranz gegen Roma und Sinti Zugang zu wirksamen Rechts- mitteln durch gerichtliche, amtliche, Mediations- und Schlichtungsverfahren erhalten; 2.7 die Roma und Sinti verstärkt in die Ausarbeitung, Umsetzung und Evaluierung der sie betref- fenden Politiken einzubeziehen, indem sie unter anderem die politische Mitsprache der Roma und Sinti und die Wahlerziehung für Roma und Sinti fördern; 2.8 einen integrativen gesellschaftlichen Dialog zu fördern, der das Bewusstsein dafür schärfen soll, in welchem Ausmaß Intoleranz und Diskriminierung gegenüber den Roma und Sinti den sozialen Zusammenhalt, die Stabilität und die Sicherheit bedrohen können; 2.9 auf die tieferen Ursachen der Diskriminierung und Intoleranz gegenüber den Roma und Sinti einzugehen, unter anderem durch verstärkte Bemühungen um eine umfassende Erziehung und Bewusstseinsbildung, um Vorurteile zu bekämpfen und die Achtung und das Verständnis für ein- ander zu fördern; 2.10 die Zivilgesellschaft in ihrem Bemühen zu unterstützen, die Interessen von Roma und Sinti zu vertreten, die Opfer von Hassverbrechen und Diskriminierung wurden, und ihnen Hilfestel- lung zu leisten; 2.11 die zur Verstärkung der aktiven Teilhabe und Eigenverantwortung der Roma und Sinti not- wendigen Maßnahmen zu treffen, um ihre soziale Inklusion zu fördern; 2.12 Maßnahmen zur Gewährleistung der Sicherheit, des Wohlergehens und der Gesundheit der Roma- und Sinti-Frauen, -Jugendlichen und -Kinder zu treffen, unter anderem durch die Ausein- andersetzung mit Gewalt in der Familie, Frühehen und Menschenhandel, erforderlichenfalls auch durch den Zugang zu unterstützender Rehabilitation;
3. ihre Bemühungen und die notwendigen Mittel auf die Bildung zu konzentrieren, die ein wich- tiger Ansatzpunkt für die Verbesserung der Lage der Roma und Sinti und die Förderung ihrer verstärkten gesellschaftlichen und wirtschaftlichen Integration ist, wobei unter anderem folgende Maßnahmen in Frage kommen: 3.1 aktive Maßnahmen, die sicherstellen, dass Roma- und Sinti-Jugendliche und -Kinder gleich- berechtigten Zugang zum Bildungswesen auf allen Ebenen des staatlichen Bildungssystems ein- schließlich Früherziehung und Schulen der Primar- und Sekundarstufe erhalten und am Unterricht teilnehmen; 3.2 Auseinandersetzung mit der hohen Quote von Schulabbrechern der Sekundarstufe unter Roma- und Sinti-Schülern und entsprechende Berücksichtigung der diesbezüglichen spezifischen Probleme der Roma- und Sinti-Mädchen, und parallel dazu aktive Maßnahmen, um Roma- und Sinti-Jugendliche zu höheren Bildungsgängen zu ermutigen; 3.3 Förderung des Zugangs zu tertiärer Bildung für Roma- und Sinti-Schüler durch geeignete Maß- nahmen zur Vereinfachung der Aufnahme, auch mittels Stipendien; 3.4 Förderung der Entwicklung von Programmen zur Integration der Roma und Sinti auf nationa- ler und lokaler Ebene, auch von Bildungsprogrammen und zusätzlichen Studienlehrgängen unter anderem für die Geschichte und Kultur der Roma und Sinti; 3.5 verstärkte Anstrengungen zur Beseitigung der Segregation der Roma und Sinti auf allen Bil- dungsebenen;
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4. aktive Maßnahmen zur Stärkung der Stellung der Roma- und Sinti-Frauen zu treffen, unter anderem durch: 4.1 Intensivierung ihrer Bemühungen, die Ausübung und Inanspruchnahme der Menschenrechte durch die Roma- und Sinti-Frauen zu gewährleisten und verstärkte Anstrengungen zur Bekämp- fung ihrer Diskriminierung auf allen Ebenen, unter anderem erforderlichenfalls in den Bereichen Bildung, Beschäftigung, Gesundheit und Wohnen sowie durch partnerschaftliche Zusammenarbeit zu diesem Zweck mit zivilgesellschaftlichen Organisationen und dem Volk der Roma und Sinti; 4.2 Förderung der wirksamen und gleichberechtigten Teilhabe der Roma- und Sinti-Frauen am öffentlichen und politischen Leben, unter anderem durch die Förderung des Zugangs von Frauen zu öffentlichen Ämtern, zur öffentlichen Verwaltung und zu Führungspositionen; 4.3 Schaffung von Anreizen für den gleichberechtigten Zugang der Roma- und Sinti-Frauen zum Arbeitsmarkt, zu Praktika und zu Mentoring; 4.4 gegebenenfalls gezielte konkrete Maßnahmen, die den gleichberechtigten Zugang der Roma- und Sinti-Mädchen zu allen Ebenen des Bildungssystems und ihre Teilnahme daran fördern sollen;
5. den maßgeblichen Durchführungsorganen der OSZE nahezulegen, ihre Aktivitäten zum Aufbau der Kapazitäten von Roma- und Sinti-Frauen- und -Jugendorganisationen zu intensivieren, um die Mitwirkungsmöglichkeiten, die Bildung und Nichtdiskriminierung der Roma- und Sinti-Frauen und -Jugendlichen zu fördern und Anreize für eine den Männern gleichgestellte Teilnahme von Roma- und Sinti-Frauen auf allen für sie belangreichen Gebieten zu schaffen; ruft zur laufenden Koordinierung in der OSZE und zur Zusammenarbeit mit maßgeblichen inter- nationalen Akteuren auf, um die Wirksamkeit der OSZE-Bemühungen zur Umsetzung des Akti- onsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet zu erhöhen; ermutigt die Parlamentarische Versammlung der OSZE zur Fortsetzung ihrer Bemühungen um Verbesserung der Lage der Roma und Sinti im OSZE-Raum.
Beschluss Nr. 7/13
Bekämpfung des Menschenhandels
Der Ministerrat,
in Bekräftigung der in den Jahren 2000 bis 2008 eingegangenen einschlägigen OSZE-Verpflich- tungen und der Ministererklärung von Wilna über die Bekämpfung jeder Form von Menschen- handel aus dem Jahr 2011,
unter erneutem Hinweis auf den strategischen Wert des OSZE-Aktionsplans von 2003 zur Bekämp- fung des Menschenhandels, der den Teilnehmerstaaten zukunftsweisende Empfehlungen für Maß- nahmen auf internationaler und nationaler Ebene in den Bereichen Strafverfolgung, Prävention und Schutz an die Hand gibt und den zuständigen Durchführungsorganen der OSZE Orientie- rung in ihrer Tätigkeit bietet,
in großer Sorge über den signifikanten Anstieg aller Formen von Menschenhandel, sowohl des grenzüberschreitenden als auch des innerstaatlichen, und unter erneutem Hinweis insbesondere auf die Notwendigkeit strengerer Maßnahmen im Umgang mit den Herausforderungen der der- zeitigen und zukünftigen Trends und Muster des Menschenhandels -
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billigt die Verabschiedung des „Zusatzes zum OSZE-Aktionsplan zur Bekämpfung des Menschen- handels – ein Jahrzehnt später“ durch Beschluss Nr. 1107 des Ständigen Rates und betrachtet diesen Zusatz: „ein Jahrzehnt später“ als Bestandteil des OSZE-Aktionsplans von 2003 zur Bekämpfung des Menschenhandels.
400 Dokument des einundzwanzigsten Treffens des Ministerrats Basel 2014
I. Erklärungen des Ministerrats
Erklärung zur Jugend
Wir, die Mitglieder des Ministerrats der Organisation für Sicherheit und Zusammenarbeit in Europa, erinnern an die OSZE-Verpflichtungen im Zusammenhang mit Jugendlichen und Kin- dern, die in der Schlussakte von Helsinki und in anderen maßgeblichen OSZE-Beschlüssen ver- ankert sind, und nehmen Kenntnis von den diesbezüglichen Bemühungen anderer internationaler Organisationen, insbesondere der Vereinten Nationen.
Wir anerkennen, dass Kinder und Jugendliche besondere Aufmerksamkeit erfordern und dass auf ihre Bedürfnisse, Anliegen und Interessen im Rahmen eines umfassenden Ansatzes einge- gangen werden sollte.
Wir anerkennen das Potenzial junger Menschen, einen Beitrag zur wirtschaftlichen, politischen und gesellschaftlichen Entwicklung zu leisten, und dass sie die Teilnehmerstaaten bei der Umset- zung von Verpflichtungen in allen drei Dimensionen der OSZE unterstützen können.
Wir nehmen Kenntnis von der Initiative des Schweizer Vorsitzes im Zusammenhang mit der Jugend in der OSZE.
Erklärung über Verstärkte Bemühungen zur Bekämpfung des Antisemitismus
Wir, die Mitglieder des Ministerrats der Organisation für Sicherheit und Zusammenarbeit in Europa, erinnern an die Berliner Antisemitismus-Konferenz der OSZE im Jahr 2004, auf der die OSZE-Teil- nehmerstaaten alle Erscheinungsformen des Antisemitismus verurteilt und sich zu gemeinsamen Bemühungen zur Bekämpfung des Antisemitismus im gesamten OSZE-Raum verpflichtet haben.
Wir bringen unsere Besorgnis über die beunruhigende Anzahl antisemitischer Vorfälle zum Aus- druck, die sich im OSZE-Raum auch heute noch ereignen und nach wie vor eine Herausforderung für die Stabilität und Sicherheit darstellen.
Wir weisen Erscheinungsformen des Antisemitismus, der Intoleranz und Diskriminierung von Juden entschieden zurück und verurteilen sie.
Wir erinnern an die Verpflichtung zur Achtung der Menschenrechte und Grundfreiheiten für alle, ohne Unterschied der Rasse, des Geschlechts, der Sprache oder der Religion, wie sie in der Schluss- akte von Helsinki 1975 verankert ist.
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Wir würdigen die Berliner Erklärung zu Antisemitismus des Amtierenden Vorsitzenden der OSZE von 2004 und bekräftigen die diesbezüglichen Verpflichtungen der OSZE.
Wir nehmen Kenntnis von den Schlussfolgerungen des Schweizer OSZE-Vorsitzes zum zehnten Jahrestag der Berliner Konferenz über Antisemitismus.
Wir anerkennen den wesentlichen Beitrag der Zivilgesellschaft zur Verhütung von Antisemitis- mus und zur Reaktion darauf, (…),
Wir unterstreichen die Wichtigkeit der Zusammenarbeit zwischen den Staaten und der Zivilge- sellschaft durch wirksame Partnerschaften, verstärkten Dialog und intensivere Zusammenarbeit bei der Bekämpfung des Antisemitismus.
Wir erklären unmissverständlich, dass internationale Entwicklungen Antisemitismus niemals rechtfertigen, auch nicht, wenn sie die Lage im Nahen Osten betreffen.
Wir fordern Führungspersönlichkeiten aus Politik, Religionsgemeinschaften und der Zivilgesell- schaft auf, offene Diskussionen aufzunehmen, mit dem Ziel, den Antisemitismus unter vollstän- diger Achtung der Grundfreiheiten und Menschenrechte zu bekämpfen und zu verhüten.
Wir fordern die Teilnehmerstaaten auf:
führendende Politiker und Persönlichkeiten des öffentlichen Lebens dazu zu ermutigen, bei anti- semitischen Vorfällen entschieden und unverzüglich dagegen Stellung zu beziehen;
Bildungsprogramme zur Bekämpfung des Antisemitismus zu fördern und jungen Menschen Gele- genheit zu geben, eine Menschenrechtserziehung auch zum Thema Antisemitismus zu erhalten;
Bemühungen zur Umsetzung bestehender OSZE-Verpflichtungen zur Beobachtung von Hass- verbrechen einschließlich antisemitisch motivierter Straftaten, und zur Sammlung einschlägiger Daten darüber zu verstärken;
antisemitisch motivierte Gewalttaten wirkungsvoll, zeitnah und unvoreingenommen zu untersu- chen und die Verantwortlichen strafrechtlich zu verfolgen;
einen offenen und transparenten Dialog und Partnerschaften zwischen Kulturen, Glaubensbe- kenntnissen und Religionen zu fördern und zu erleichtern;
zur Einbeziehung von Religions- und Glaubensgemeinschaften in die öffentliche Diskussion über einschlägige Gesetzesinitiativen anzuregen;
Wir fordern das BDIMR auf:
den Teilnehmerstaaten nachahmenswerte Methoden zur Bekämpfung des Antisemitismus, etwa auch durch Konsultation der Zivilgesellschaft, anzubieten, um Erscheinungsformen von Antise- mitismus in unserer Zeit wirksam feststellen und dagegen vorgehen zu können;
die Zusammenarbeit zwischen Vertretern des Staates und der Zivilgesellschaft in Antisemitis- mus-Fragen, darunter auch Hassverbrechen und die Erinnerung an den Holocaust, zu erleichtern;
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den Teilnehmerstaaten in ihren Bemühungen zur Datensammlung über anti- semitistische Hass- verbrechen, gegebenenfalls in Zusammenarbeit mit der Zivilgesellschaft, Hilfestellung zu leisten;
den Austausch nachahmenswerter Methoden für Bildungsinitiativen und andere Maßnahmen zur Hebung des Bewusstseins für Antisemitismus und zur Bewältigung der Herausforderungen im Bereich der Erziehung und des Unterrichts über den Holocaust zwischen den Teilnehmerstaa- ten zu erleichtern;
den Dialog zu fördern und die Zivilgesellschaft in ihrer Fähigkeit zu stärken, einander mit grö- ßerer Achtung und mehr Verständnis zu begegnen, mit dem Ziel, die Zusammenarbeit zwischen unterschiedlichen Gemeinschaften zu fördern.
Wir heben die Arbeit der drei Persönlichen Beauftragten für Fragen der Toleranz in Unterstüt- zung der gesamten Bemühungen der OSZE zur Bekämpfung von Intoleranz und Diskriminierung hervor, insbesondere ihre Länderbesuche und anschließenden Empfehlungen sowie ihre Bericht- erstattung an den Ständigen Rat der OSZE.
Wir legen den Teilnehmerstaaten nahe, Erklärungen des Ministerrats zur Verstärkung der Bemü- hungen zur Bekämpfung von Intoleranz und Diskriminierung, sei es gegenüber Muslimen, Chris- ten oder Angehörigen anderer Religionen, auszuarbeiten.
II. Beschlüsse des Ministerrats
Beschluss Nr. 5/14
Verhütung von Korruption
Der Ministerrat,
in Bekräftigung der Verpflichtungen der OSZE zur Bekämpfung der Korruption, (…),
in der Erkenntnis, dass Korruption auf allen Ebenen eine potenzielle Quelle politischer Spannun- gen ist, die die Stabilität und Sicherheit von Teilnehmerstaaten zersetzen, die gemeinsamen Werte der OSZE gefährden und verbrecherische Aktivitäten erleichtern,
in der Überzeugung, dass eine wirksamere Korruptionsverhütung eine gute Regierungsführung in allen öffentlichen Sektoren fördert, das Vertrauen in öffentliche Institutionen stärkt, die sozi- ale Verantwortung von Unternehmen im privaten Sektor erhöht, wirtschaftliches Wachstum stei- gert und zu sozialer Stabilität und Sicherheit beiträgt,
unter erneutem Hinweis darauf, dass Informationsfreiheit und der Zugang zu Informationen die Offenheit und Rechenschaftspflicht in der staatlichen Politik und im öffentlichen Beschaffungs- wesen fördern und es der Zivilgesellschaft, einschließlich der Medien, ermöglichen, einen Bei- trag zur Verhütung und Bekämpfung von Korruption, Terrorismusfinanzierung und Geldwäsche sowie von deren Vortaten zu leisten,
unter Hervorhebung der zentralen Rolle, die den Strafverfolgungsorganen und Einrichtungen der Justiz bei der Verhütung und Bekämpfung von Korruption zukommt,
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in der Erkenntnis, dass die Befähigung unabhängiger Medien, in Übereinstimmung mit nationa- len Rechtsvorschriften und internationalen Verpflichtungen Untersuchungen anzustellen und die Ergebnisse derselben zu veröffentlichen, ohne Strafverfolgung, Verfolgung oder physische Verlet- zungen befürchten zu müssen, grundlegend für die Verhütung und Bekämpfung von Korruption auf allen Ebenen und in allen Sektoren ist,
in Anerkennung der Tatsache, dass die Erbringung effizienter, zugänglicher, rechenschaftspflich- tiger und transparenter öffentlicher Dienstleistungen eine der Hauptkomponenten für die Schaf- fung eines korruptionsfeindlichen Umfeldes im öffentlichen Dienst ist,
im Wissen um die Bedeutung von Bemühungen zum Aufbau von Kapazitäten im Hinblick auf eine wirkungsvolle Korruptionsverhütung und -bekämpfung,
im Wissen um die Bedeutung einer internationalen Zusammenarbeit zwischen nationalen Kor- ruptionsbekämpfungsstellen für den Austausch vorbildlicher Methoden, die Weiterentwicklung von Korruptionsbekämpfungsmaßnahmen und den Wissensaustausch zwischen denjenigen Per- sonen, die mit der Praxis der Korruptionsbekämpfung befasst sind,
erfreut darüber, dass beinahe alle Teilnehmerstaaten das Übereinkommen der Vereinten Natio- nen gegen Korruption (UNCAC) ratifiziert haben oder ihm beigetreten sind und auf die Erfüllung ihrer Verpflichtungen aus dem Übereinkommen hinarbeiten,
unter Hervorhebung der Bedeutung der Zusammenarbeit mit anderen zuständigen internationa- len Organisation bei der Verhütung und Bekämpfung von Korruption,
legt den Teilnehmerstaaten nahe:
Rechtsvorschriften und Strategien zur Verhütung von Korruption weiterzuentwickeln und umzu- setzen und praktische Maßnahmen und Instrumente zu schaffen und zu fördern, die gegen alle Arten von Korruption auf allen Ebenen gerichtet sind – sowohl im privaten als auch im öffentli- chen Sektor und auch in Bezug auf andere Akteure;
Maßnahmen zu ergreifen, um die Transparenz, Rechenschaftspflicht und Rechtsstaatlichkeit in der öffentlichen Verwaltung im Einklang mit den wesentlichen Grundsätzen ihrer Rechtsord- nungen zu verstärken, etwa durch die Einführung wirksamer Maßnahmen zur Erleichterung des Zugangs der Öffentlichkeit zu Informationen sowie durch die Förderung funktionierender öffent- licher Dienstleistungen;
Mechanismen zu beschließen, beizubehalten und zu stärken, die Interessenkonflikten im öffent- lichen Sektor vorbeugen, wie zum Beispiel durch die Regelung von Interessenkonflikten mittels durchsetzbarer Verhaltenskodizes und durch die Schaffung und Stärkung von Mechanismen zur Offenlegung von Vermögen für Amtsträger und politisch exponierte Personen, in Übereinstim- mung mit den wesentlichen Grundsätzen ihres innerstaatlichen Rechts, und dafür Sorge zu tragen, dass die Einstellung im öffentlichen Sektor zu fairen und auf Wettbewerb beruhenden Bedingun- gen erfolgt, damit in der öffentlichen Verwaltung größere Transparenz und Integrität herrschen;
die Einbindung des privaten Sektors, zivilgesellschaftlicher Organisationen, der Medien und der Wissenschaft – unter anderem mit Unterstützung der Durchführungsorgane der OSZE im Ein- klang mit ihrem jeweiligen Mandat – in die Ausarbeitung nationaler Strategien und Konzepte zur Korruptionsbekämpfung zu fördern und deren nachfolgende Umsetzung zu unterstützen;
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eine Kultur der Integrität, Transparenz und Rechenschaftspflicht in allen Sektoren der Gesellschaft zu fördern, um zur Verhütung von Korruption beizutragen;
die wichtige Rolle anzuerkennen, die Informanten („Whistleblowers“) bei der Aufdeckung und Verhütung von Korruption und im Dienste des öffentlichen Interesses spielen, und konkrete natio nale Bemühungen zu verstärken, um Whistleblowers ausreichend Schutz zu bieten;
zur Stärkung von Maßnahmen zur Aufklärung über Korruption quer durch alle Sektoren der Gesellschaft durch die Bereitstellung von Aus- und Fortbildungsprogrammen für die Korrupti- onsverhütung und Integrität unter besonderer Berücksichtigung der Jugend beizutragen und die Rolle anzuerkennen, die eine gut informierte Zivilgesellschaft und unabhängige, freie und plura- listische Medien diesbezüglich spielen;
in Übereinstimmung mit den wesentlichen Grundsätzen ihrer Rechtsordnung die erforderlichen Maßnahmen zu treffen, um geeignete Vergabesysteme einzurichten, die auf Transparenz, Wett- bewerb und objektiven Entscheidungskriterien beruhen und wirksam bei der Verhütung von Kor- ruption sind, oder deren Wirkung zu stärken;
Maßnahmen zu unterstützen, um die Integrität der Richterschaft zu stärken und Gelegenheiten zur Korruption unter Richtern und Staatsanwaltschaften auszuschließen,
die maßgeblichen internationalen Standards für die Korruptionsbekämpfung, wie sie im Überein- kommen der Vereinten Nationen gegen Korruption und gegebenenfalls im Antikorruptionsüber- einkommen der OECD und des Europarats festgelegt sind, umzusetzen und zu befolgen, und zur intensiveren Einbindung der Zivilgesellschaft in deren Umsetzung beizutragen, wie das in diesen Übereinkommen vorgesehen ist;
wirksame, angemessene und abschreckende strafrechtliche und verwaltungsrechtliche Sanktionen zur Bestrafung von Korruption sowohl für natürliche als auch gegebenenfalls juristische Personen zu schaffen und umzusetzen, mit dem Ziel, von Korruption abzuhalten und diese einzudämmen;
die Wiedererlangung gestohlener Vermögenswerte als Teil nationaler Maßnahmen sowohl im Rah- men der internationalen als auch gegebenenfalls der regionalen Zusammenarbeit zu erleichtern und für Transparenz in Bezug auf die wirtschaftlichen Eigentümer zu sorgen;
die zur Verfügung stehenden Instrumente, Leitlinien und Projekte der OSZE zur Bekämpfung und Verhütung von Korruption zu nutzen;
legt den zuständigen Durchführungsorganen der OSZE und gegebenenfalls Feldoperationen nahe, in Übereinstimmung mit ihrem Mandat und nach Maßgabe der vorhandenen Mittel den Aus- tausch vorbildlicher Methoden für die Korruptionsverhütung zwischen den Teilnehmerstaaten auf deren Ersuchen zu erleichtern;
beauftragt die Durchführungsorgane der OSZE, insbesondere das Büro des Koordinators für Wirt- schafts- und Umweltaktivitäten der OSZE (OCEEA) und, wo angebracht, die Feldoperationen, in Zusammenarbeit mit einschlägigen internationalen Partnern, die Teilnehmerstaaten im Rahmen der vorhandenen Mittel und auf deren Ersuchen bei der Umsetzung ihrer Verpflichtungen aus dem UNCAC und der Ausarbeitung nationaler Strategien, beim Austausch vorbildlicher Metho- den und bei der Bereitstellung von Aktivitäten und Projekten zum Aufbau von Kapazitäten auf dem Gebiet der Verhütung und Bekämpfung von Korruption zu unterstützen;
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beauftragt die Durchführungsorgane der OSZE und insbesondere das OCEEA und – wo ange- bracht – die Feldoperationen, im Rahmen der ihnen zur Verfügung stehenden Ressourcen und Mandate die für die Bekämpfung und Verhütung von Korruption bereits vorhandenen Instru- mente und Leitlinien der OSZE zu fördern; (…)
Beschluss Nr. 7/14
Verhütung und Bekämpfung von Gewalt gegen Frauen
Der Ministerrat,
in Bekräftigung der (…) Verpflichtung zur Achtung der Menschenrechte und Grundfreiheiten für alle ohne Unterschied der Rasse, des Geschlechts, der Sprache oder der Religion,
daran erinnernd, dass es Frauen möglich sein muss, ihre Menschenrechte in vollem Umfang und gleichberechtigt auszuüben, damit ein friedlicheres, wohlhabenderes und demokratischeres OSZE- Gebiet entsteht, und dass die OSZE-Teilnehmerstaaten entschlossen sind, die Gleichstellung von Männern und Frauen zum Bestandteil ihrer Politik zu machen, sowohl in ihren Staaten als auch innerhalb der OSZE-Durchführungsorgane, wie es in der Erklärung des OSZE-Gipfeltreffens von Istanbul 1999 heißt,
erneut erklärend, dass die dem einzelnen Menschen innewohnende Würde im Mittelpunkt der umfassenden Sicherheit steht, (…),
in Bekräftigung aller diesbezüglichen Verpflichtungen der OSZE, einschließlich jener, die im Ministerratsbeschluss Nr. 14/04 über den OSZE-Aktionsplan 2004 zur Förderung der Gleichstel- lung von Frauen und Männern sowie im Ministerratsbeschluss Nr. 15/05 über die Verhütung und Bekämpfung von Gewalt gegen Frauen enthalten sind, (…)
in Anerkennung der Verpflichtungen, die die Teilnehmerstaaten in internationalen und regionalen Foren im Hinblick auf die Bekämpfung von Gewalt gegen Frauen eingegangen sind,
Kenntnis nehmend von internationalen und regionalen Initiativen zur Bekämpfung von sexueller Gewalt, insbesondere im Zuge von bewaffneten Konflikten, (…)
zutiefst besorgt angesichts der unvermindert anhaltenden Gewalt gegen Frauen, einer der im OSZE- Raum am weitesten verbreiteten Menschenrechtsverletzungen, die sich als körperliche, sexuelle oder psychische Gewalt äußern kann, und erneut auf die dringende Notwendigkeit verweisend, entschlossenere Maßnahmen zur Verhütung und Bekämpfung von Gewalt gegen Frauen zu ergrei- fen, die unter anderem durch die fehlende Gleichstellung der Geschlechter sehr begünstigt wird,
in Bekräftigung der Wichtigkeit einer wirksamen Rechenschaftspflicht in Bezug auf Gewalt gegen Frauen und gegen Kinder, sei es sexuelle Gewalt, Missbrauch oder Ausbeutung, sowie angemesse- ner Maßnahmen zur Bekämpfung dieser Gewalt,
fordert die Teilnehmerstaaten auf, bei der Erstellung der rechtlichen Rahmenbedingungen und der Bildung von Partnerschaften, der Verhütung und strafrechtlichen Verfolgung von Gewalt gegen
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Frauen und dem Opferschutz folgende Maßnahmen zur Bekämpfung und Verhütung von Gewalt gegen Frauen zu ergreifen;
fordert die Teilnehmerstaaten auf, allen Frauen den Schutz und die volle Achtung der Menschen- rechte und Grundfreiheiten zu garantieren;
verurteilt auf Schärfste jede durch nichts zu rechtfertigende Form von Gewalt gegen Frauen, wie sie in der Erklärung über die Beseitigung der Gewalt gegen Frauen beschrieben sind;
(A) Rechtlicher Rahmen
1. fordert die Teilnehmerstaaten auf:
gegebenenfalls vom BDIMR erstellte Gutachten über rechtliche und politische Rahmenbedin- gungen für die Verhütung und Bekämpfung von Gewalt gegen Frauen, etwa auch von häuslicher Gewalt, anzufordern,
verlässliche, vergleichbare, aufgeschlüsselte und umfassende evidenzbasierte Daten und Statistiken über jede Form von Gewalt gegen Frauen, einschließlich sexueller und häuslicher Gewalt, unter Beachtung ihrer Datenschutzbestimmungen zu erheben, zu verwalten und öffentlich zu machen, darunter auch Informationen über die Anzahl der bei den Strafverfolgungsbehörden angezeigten Fälle, die Anzahl der Fälle, in denen Ermittlungen eingeleitet bzw. die tatsächlich verfolgt wur- den, sowie das verhängte Strafmaß;
ihre innerstaatlichen Rechtsvorschriften, soweit noch nicht geschehen, an die einschlägigen inter- nationalen Standards, zu denen sie sich verpflichtet haben, und die OSZE-Verpflichtungen betref- fend alle Formen von Gewalt gegen Frauen anzupassen und bei der Ausarbeitung entsprechender Gesetze bewährte Praktiken zu berücksichtigen;
gegebenenfalls die Unterzeichnung und Ratifizierung einschlägiger regionaler und internationa- ler Instrumente, zum Beispiel des Übereinkommens des Europarats zur Verhütung und Bekämp- fung von Gewalt gegen Frauen und häuslicher Gewalt in Erwägung zu ziehen.
2. beauftragt die OSZE-Durchführungsorgane:
den Austausch nachahmenswerter Verfahren in Bezug auf Rechtsvorschriften zur Bekämpfung jeder Form von Gewalt gegen Frauen im Rahmen ihrer Mandate zu fördern;
(B) Verhütung
3. legt den Teilnehmerstaaten nahe:
mit Aufklärungs- und Sensibilisierungsaktivitäten verstärkt an die Öffentlichkeit zu treten und gegen negative Klischeevorstellungen, Einstellungen und Vorurteile, die zu allen Formen von Gewalt gegen Frauen beitragen, Stellung zu beziehen,
durch geeignete Maßnahmen Männer und Jungen verstärkt in die Verhütung und Beseitigung jeder Form von Gewalt gegen Frauen, einschließlich sexueller und häuslicher Gewalt, einzubinden;
Maßnahmen zu ergreifen, um das Bewusstsein für den Teufelskreis von Gewalt zu heben, der durch in der Kindheit und Jugend erlebte körperliche, sexuelle und psychische Gewalt entstehen kann,
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Programme zu entwickeln, um mit den Urhebern von Gewalt gegen Frauen sowohl während des Strafvollzugs als auch nach ihrer Entlassung zu arbeiten und Wiederholungstaten zu vermeiden;
medizinische Betreuung, psychologische Beratung und Schulungen bereitzustellen und andere Maßnahmen vorzusehen, um eine sekundäre Viktimisierung oder Traumatisierung, etwa auch während des Gerichtsverfahrens, zu vermeiden.
4. beauftragt die OSZE-Durchführungsorgane:
die Zusammenarbeit mit maßgeblichen Akteuren internationaler und regionaler Organisationen bei der Sammlung von nach Geschlecht aufgeschlüsselten Daten und Statistiken über alle Formen von Gewalt gegen Frauen im OSZE-Raum zu verbessern,
die Teilnehmerstaaten auf deren Ersuchen in ihren Bemühungen zur Förderung umfassender, wirksamer und evidenzbasierter Ansätze zur Bekämpfung jeder Form von Gewalt gegen Frauen, einschließlich sexueller und häuslicher Gewalt, und um ein besseres Eingehen auf die Bedürfnisse aller Opfer zu unterstützen.
(C) Schutz
5. legt den Teilnehmerstaaten nahe:
dafür Sorge zu tragen, dass Opfer jeglicher Form von Gewalt gegen Frauen schnell und ausführ- lich über die verfügbaren rechtlichen Maßnahmen und Unterstützungsdienste wie Kriseninter- ventionszentren für Opfer von sexueller Gewalt, Frauenhäuser oder vergleichbare Einrichtungen sowie Gesundheitsdienste informiert werden und dass diese Einrichtungen leicht erreichbar sind;
Programme und Aktivitäten zur Stärkung und Unterstützung weiblicher Gewaltopfer zu fördern.
6. beauftragt die OSZE-Durchführungsorgane:
den Teilnehmerstaaten auf deren Ersuchen Hilfestellung beim Ausbau ihrer Kapazitäten für den Schutz der Opfer jeder Form von Gewalt gegen Frauen zu leisten,
den Austausch schutzrelevanter Informationen, Erfahrungen und bewährter Praktiken zwischen den Teilnehmerstaaten zu erleichtern;
Teilnehmerstaaten, die darum ersuchen, technische Hilfe bei der Organisation von Unterstüt- zungsdiensten wie Telefon-Hotlines, Krisenzentren usw. zu leisten,
interessierten Teilnehmerstaaten fachspezifische Ausbildungskurse für Angehörige von Berufs- gruppen anzubieten, die mit Opfern oder Tätern jeder Form von Gewalt gegen Frauen, einschließ- lich sexueller und häuslicher Gewalt, zu tun haben.
(D) Strafrechtliche Verfolgung
7. legt den Teilnehmerstaaten nahe:
größere Anstrengungen zu unternehmen, um jede Form von Gewalt gegen Frauen zu untersu- chen und zu verfolgen, die Täter zu bestrafen und den Opfern Schutz und geeignete Abhilfemaß- nahmen zu bieten,
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für die Ausarbeitung und wirksame Durchsetzung von Rechtsvorschriften zu sorgen, die Gewalt gegen Frauen unter Strafe stellen und Vorkehrungen zur Verhütung und zum Schutz enthalten, etwa in Form von Kontakt- und Näherungsverboten oder Schutzanordnungen, wo solche Maß- nahmen vorgesehen sind, und die Untersuchung, Klageerhebung und angemessene Bestrafung der Täter vorsehen, unter anderem um sicherzustellen, dass die Täter nicht länger ungestraft bleiben.
(E) Partnerschaft
8. legt den Teilnehmerstaaten nahe:
umfassende und koordinierte nationale politische Konzepte zur Bekämpfung aller Formen von Gewalt gegen Frauen zu entwickeln, in die alle maßgeblichen Akteure wie Strafverfolgungsbehör- den und Justiz, Parlamente, nationale Menschenrechtsinstitutionen, Gesundheitswesen und sozi- ale Dienste sowie Organisationen der Zivilgesellschaft eingebunden sind.
9. beauftragt die OSZE-Durchführungsorgane:
die Zusammenarbeit mit maßgeblichen Akteuren internationaler und regionaler Organisationen zu verstärken,
den Austausch von Informationen, Erfahrungen und vorbildlichen Praktiken zwischen den Teil- nehmerstaaten und allen maßgeblichen Akteuren in Bezug auf die Bekämpfung jeder Form von Gewalt gegen Frauen zu erleichtern.
Beschluss Nr. 8/14
Zusatz zum OSZE-Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern
Der Ministerrat,
in Bekräftigung aller einschlägigen Verpflichtungen der OSZE und insbesondere des OSZE-Akti- onsplans 2004 zur Förderung der Gleichstellung von Frauen und Männern (MC.DEC/14/04/Corr.1),
in Anerkennung der Fortschritte, die seit der Verabschiedung des OSZE-Aktionsplans 2004 zur Förderung der Gleichstellung von Frauen und Männern bei dessen Umsetzung erreicht wurden,
in der Erkenntnis, dass in diesem laufenden Prozess weitere Verbesserungen notwendig sind, wie auf der im Juli 2014 in Wien abgehaltenen hochrangigen Überprüfungskonferenz zur Geschlech- tergleichstellung hinsichtlich der Fortschritte sowie Schwachstellen bei der Umsetzung der ein- schlägigen Verpflichtungen der OSZE festgestellt wurdets,
beauftragt die Teilnehmerstaaten,
einen Zusatz zum Ministerratsbeschluss Nr. 14/04 über den Aktionsplan zur Förderung der Gleichstellung von Frauen und Männern auszuarbeiten und dem Ständigen Rat zur Verabschie- dung 2015 vorzulegen.
409 Dokument des zweiundzwanzigsten Treffens des Ministerrats Belgrad 2015
I. Erklärungen des Ministerrats
Ministererklärung über die Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen
Wir, die Außenminister der Organisation für Sicherheit und Zusammenarbeit in Europa,
unter Hinweis auf die von der OSZE verabschiedeten einschlägigen Dokumente betreffend die Bekämpfung des Terrorismus, (…),
unter Betonung unserer entschlossenen und bedingungslosen Verurteilung des Terrorismus und des gewalttätigen Extremismus sowie unserer tief empfundenen Solidarität mit allen Opfern des Terrorismus,
die Zusage der Teilnehmerstaaten bekräftigend, zusammenzuarbeiten, um terroristische Hand- lungen, einschließlich ihrer Finanzierung, zu verhüten, zu bekämpfen, zu untersuchen und straf- rechtlich zu verfolgen, und in Bekräftigung unserer festen Entschlossenheit, den Terrorismus in allen seinen Arten und Erscheinungsformen als ein schweres Verbrechen zu bekämpfen, für das es, was auch immer seine Motive oder Ursachen sein mögen, keine Rechtfertigung gibt, und dass Terrorismus und gewalttätiger Extremismus nicht mit irgendeiner Rasse, Volksgruppe, Nationa- lität oder Religion in Verbindung gebracht werden kann und soll,
insbesondere besorgt, dass junge Menschen, ja sogar Kinder, zum Terrorismus radikalisiert und als ausländische terroristische Kämpfer angeworben werden, und in Anerkennung der Wichtig- keit, mit Jugendlichen zu arbeiten, um die Radikalisierung von Jugendlichen zum Terrorismus zu verhüten und zu bekämpfen,
unter nachdrücklicher Verurteilung von Äußerungen der Intoleranz, unter anderem auch aus Grün- den der Religion oder der Weltanschauung, die Entschlossenheit der Teilnehmerstaaten bekräfti- gend, in ihren Gesellschaften für Toleranz und Nichtdiskriminierung, gegenseitige Achtung und Verständnis füreinander einzutreten, und unsere Zusage bekräftigend, die Menschenrechte und Grundfreiheiten, einschließlich der freien Meinungsäußerung sowie der Gedanken-, Gewissens-, Religions- oder Weltanschauungsfreiheit, zu fördern und zu schützen,
mit dem Ausdruck tiefer Sorge angesichts der Tatsache, dass sich einige schwere Verbrechen von Terroristen oder terroristischen Gruppen, etwa auch ausländischen terroristischen Kämpfern, gezielt gegen Personen und Gruppen wegen deren Volksgruppenzugehörigkeit, Religion oder Welt- anschauung richteten, sowie unter Hinweis auf die Rolle, die Diskriminierung und Intoleranz als Nährboden für gewalttätigen Extremismus und Radikalisierung spielen können, die ihrerseits zu Terrorismus führen,
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die Verpflichtung der Teilnehmerstaaten unterstreichend, dass sie die erforderlichen Maßnahmen ergreifen werden, um jeden Menschen in ihrem Hoheitsbereich vor terroristischen Handlungen zu schützen, und entschlossen gegen Terrorismus und ausländische terroristische Kämpfer vor- gehen werden, (…),, zur Unterstützung unserer einschlägigen OSZE-Verpflichtungen und im Ein- klang mit den anwendbaren völkerrechtlichen Verpflichtungen, einschließlich der internationalen Menschenrechtsnormen, des internationalen Flüchtlingsrechts und des humanitären Völkerrechts,
unter nachdrücklicher Verurteilung der Zerstörung von kulturellem Erbe und religiösen Stätten, darunter die gezielte Zerstörung von Welterbestätten der UNESCO, durch Terroristen und aus- ländische terroristische Kämpfer, die mit ISIL oder anderen terroristischen Gruppen in Verbin- dung stehen,
in Anerkennung der führenden Rolle der Vereinten Nationen in den internationalen Bemühun- gen zur Verhütung und Bekämpfung des Terrorismus und gewalttätigen Extremismus sowie des Bekenntnisses der Teilnehmerstaaten zur vollständigen Umsetzung der Weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus,
geleitet von unserer Überzeugung, dass die Bekämpfung des Terrorismus und gewalttätigen Ext- remismus im Einklang mit den Prinzipien und Verpflichtungen der OSZE umfassender und unab- lässiger Bemühungen bedarf und sich sowohl mit den Erscheinungsformen des Terrorismus als auch den verschiedenen sozialen, wirtschaftlichen, politischen und anderen Faktoren auseinan- dersetzen muss, die möglicherweise Bedingungen schaffen, unter denen terroristische Organisa- tionen Anhänger anwerben und Unterstützung gewinnen können,
in Bekräftigung der Zusage der Teilnehmerstaaten, Gedanken und nachahmenswerte nationale Praktiken hinsichtlich ihrer Strategien und Maßnahmen zur Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, auszutauschen, um die praktische Zusammenarbeit zu fördern,
die Tatsache zur Kenntnis nehmend, dass die Radikalisierung zum Terrorismus und die Anwer- bung durch Terroristen in Gefängnissen stattfinden können, und deshalb die Wichtigkeit beto- nend, gegebenenfalls internationale Leitlinien für die Wiedereingliederung und Rehabilitation bzw. für die Verhütung der Radikalisierung zum Terrorismus in Gefängnissen auszuarbeiten und untereinander auszutauschen,
betonend, dass für die Verhütung und Bekämpfung von Terrorismus und gewalttätigem Extre- mismus in erster Linie die Teilnehmerstaaten verantwortlich sind und sie dabei ihre völkerrecht- lichen Verpflichtungen einzuhalten haben,
die wichtige Rolle betonend, die Jugendliche, Familien, Frauen, Terroropfer, führende Persönlich- keiten aus Religion, Kultur und Bildung, die Zivilgesellschaft sowie die Medien spielen können, wenn es darum geht, von gewalttätigem Extremismus geprägten Darstellungsweisen, die zu ter- roristischen Handlungen anstiften können, entgegenzutreten, und die Bedingungen zu beseitigen, die die Ausbreitung des Terrorismus begünstigen, indem sie sich insbesondere für gegenseitige Achtung und Verständnis füreinander, für Versöhnung und ein friedliches Zusammenleben der Kulturen einsetzen und die Menschenrechte, Grundfreiheiten, demokratischen Prinzipien und die Rechtsstaatlichkeit fördern und schützen, (…)
411 Belgrad 2015
fordern die Teilnehmerstaaten auf:
1. ihre Bemühungen zur Verhütung und Bekämpfung von gewalttätigem Extremismus und Radi- kalisierung, die zu Terrorismus führen, in ihren Ländern weiter zu verstärken, sich dabei eines multidimensionalen Ansatzes zu bedienen und gegebenenfalls je nach Bedarf von den OSZE- Durchführungsorganen, einschließlich der Feldoperationen im Rahmen ihrer jeweiligen Man- date, Gebrauch zu machen;
2. ihre Bemühungen zur Bekämpfung und Unterbindung der Finanzierung des Terrorismus, (…),und im Einklang mit diesen sowie in Unterstützung der OSZE-Verpflichtungen weiter zu verstärken, mit dem nachdrücklichen Hinweis, dass jede Einnahmequelle die Anwerbungsbemü- hungen unterstützt und die operativen Fähigkeiten zur Organisation und Ausführung terroristi- scher Handlungen stärkt;
3. im Einklang mit ihren Verpflichtungen nach dem Völkerrecht, einschließlich jener betreffend die Menschenrechte und Grundfreiheiten, gegebenenfalls je nach Bedarf Maßnahmen zu verab- schieden, um die Anstiftung zur Begehung einer oder mehrerer terroristischer Handlungen per Gesetz zu verbieten und ein solches Verhalten zu verhindern;
4. bei der Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, zusammenzuarbeiten, unter anderem durch den Aufbau von Kapazitäten, die Koordinierung von Plänen und Bemühungen und den Austausch gesammelter Erfahrungen, etwa bei der Unterbindung von Waffenlieferungen an Terroristen, der Verhütung der Radikalisie- rung zum Terrorismus, der Anwerbung und der Aktivierung von Personen als Terroristen, etwa auch als ausländische terroristische Kämpfer;
5. gegebenenfalls nationale Strategien und Aktionspläne gegen den Terrorismus zu entwickeln und zu aktualisieren, einschließlich konkreter politischer Richtlinien und Maßnahmen zur Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus füh- ren, zur Förderung der OSZE-Verpflichtungen und im Einklang mit ihren Verpflichtungen aus dem Völkerrecht, einschließlich der Menschenrechtsnormen;
6. bei der Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, auf allen Ebenen einen umfassenden Ansatz zu fördern, einschließlich der Koordinierung zwischen nationalen Behörden, der Zusammenarbeit zwischen den Teilnehmerstaa- ten und der Zusammenarbeit mit einschlägigen internationalen und regionalen Organisationen;
7. die Forschung und den Informationsaustausch über die Bedingungen zu fördern, die die Aus- breitung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, begüns- tigen, sowie über Möglichkeiten zu ihrer Bekämpfung;
8. Politiker und Personen des öffentlichen Lebens, einschließlich führender Persönlichkeiten aus der Zivilgesellschaft und religiöser Führer, aufzufordern, ihren Beitrag zur Verhütung und Bekämp- fung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, zu leisten, indem sie nachdrücklich und unverzüglich gegen gewalttätigen Extremismus und Radikalisierung, die zu Terrorismus führen, öffentlich Stellung beziehen;
9. öffentlich-private Partnerschaften gegen den Terrorismus gegebenenfalls weiter zu fördern, sei es zwischen staatlichen Behörden, der Privatwirtschaft, der Zivilgesellschaft, Mitgliedern oder Ver- tretern von Religionsgemeinschaften oder den Medien, unter anderem in Übereinstimmung mit
412 Belgrad 2015
dem Ministerratsbeschluss Nr. 10/08, um gegen die Aufhetzung zum Terrorismus sowie zu gewalt- tätigem Extremismus und Radikalisierung, die zu Terrorismus führen, vorzugehen;
10. die internationale Zusammenarbeit und öffentlich-private Partnerschaften zu verstärken, mit dem Ziel, praktische Maßnahmen zu entwickeln, durch die verhindert wird, dass das Internet und andere Mittel dazu genutzt werden, zu gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, anzustiften und ausländische terroristische Kämpfer anzuwerben. Eine solche internationale Zusammenarbeit und solche öffentlichprivate Partnerschaften könnten die Kom- munikationsbemühungen, etwa auch über die sozialen Medien, als Gegengewicht zu gewalttätig- extremistischen Textnachrichten unterstützen, wobei die Meinungs- und Redefreiheit im vollen Umfang zu beachten ist;
11. in Erwägung zu ziehen, zur Verhütung von Terrorismus und zur Bekämpfung von gewalttä- tigem Extremismus und Radikalisierung, die zu Terrorismus führen, Ansätze von bürgernaher Polizeiarbeit, auch auf lokaler Ebene, im Einklang mit den innerstaatlichen Rechtsvorschriften und dem Völkerrecht zu entwickeln;
12. zu einem offenen und transparenten Dialog und zur Zusammenarbeit zwischen Kulturen, Kon- fessionen und Religionen auf sowohl lokaler als auch nationaler, regionaler und internationaler Ebene, unter anderem als Beitrag zur Förderung von Toleranz, gegenseitiger Achtung und Ver- ständnis füreinander, zu ermutigen;
13. in ihren Bemühungen zur Bekämpfung des Terrorismus und zur Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, eine Gender- perspektive zu berücksichtigen, deren Schwerpunkte eine Verstärkung der Rolle der Frauen und die Mitwirkung von Frauen wie Männern an diesen Bemühungen sein sollten;
14. die Jugend in die Bemühungen um die Verhütung und Bekämpfung von gewalttätigem Ext- remismus und Radikalisierung, die zu Terrorismus führen, mit einzubeziehen und verstärkt zur Mitwirkung zu befähigen, wozu unter anderem folgende Maßnahmen infrage kommen: (a) Schaffung günstiger Rahmenbedingungen und von Chancen für die Beteiligung und das frei- willige und ungehinderte Engagement von jungen Menschen im öffentlichen Leben und bei der Förderung der Menschenrechte, Grundfreiheiten, demokratischen Prinzipien, der Rechtsstaatlich- keit, Toleranz, Nichtdiskriminierung, des Dialogs, der gegenseitigen Achtung und des Verständ- nisses füreinander, sowie Erleichterung ihres Zugangs zu sozialen Diensten; (b) Unterstützung von Jugendlichen, die bereit sind, zu solchen Bemühungen beizutragen, durch Schul- und Hochschulbildung; (c) Unterstützung von bewusstseinsbildenden Initiativen durch oder für Jugendliche, unter anderem über das Internet oder die sozialen Medien, als Prävention bzw. zur Verhinderung ihrer Radikali- sierung zum Terrorismus sowie zur Förderung der Achtung der Menschenrechte und Grundfrei- heiten, von Toleranz und Nichtdiskriminierung; (d) Förderung von Programmen, die den Zugang von Jugendlichen zur Beschäftigung erleichtern;
15. die Unterstützung der OSZE-Aktivitäten in allen drei Dimensionen der Sicherheit in Betracht zu ziehen, etwa auch in Form freiwilliger finanzieller Beiträge, die, in Anerkennung der Füh- rungsrolle der Vereinten Nationen, zu den weltweiten Bemühungen zur Verhütung und Bekämp- fung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, beitragen;
16. die Kooperationspartner der OSZE einzuladen, sich gemeinsam mit uns aktiv um die Aus- weitung unseres Dialogs und unserer Zusammenarbeit zur Verhütung und Bekämpfung von
413 Belgrad 2015
gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, zu bemühen, dabei die Menschenrechte und Grundfreiheiten zu achten und zu schützen, Äußerungen von Intoleranz und Diskriminierung, auch aus Gründen der Religion oder der Weltanschauung, von Fremden- feindlichkeit und Gewalt zu verhüten und zu bekämpfen und unter Beachtung der Jugenderklä- rung von Amman über Jugend, Frieden und Sicherheit vom 22. August 2015 den Dialog zwischen Konfessionen, Religionen und Kulturen zu fördern, und die Kooperationspartner zu ermutigen, auch weiterhin bestmöglichen Gebrauch von den Prinzipien, Normen und Verpflichtungen und den entsprechenden Instrumenten der OSZE zu machen;
17. wir ermutigen die Parlamentarier zur Fortsetzung des Dialogs mit dem Ziel, die für die Bekämp- fung des Terrorismus unerlässlichen Rechtsvorschriften zu verstärken und die Solidarität mit den Opfern von Terrorismus zu fördern, und fordern sie auf, unmissverständlich und unverzüglich gegen Intoleranz, Diskriminierung, Terrorismus und gewalttätigen Extremismus und Radikali- sierung, die zu Terrorismus führen, Stellung zu beziehen;
fordern die zuständigen OSZE-Durchführungsorgane auf, im Rahmen ihrer jeweiligen Mandate und verfügbaren Ressourcen:
18. die Teilnehmerstaaten auf Ersuchen weiterhin bei der Verhütung und Bekämpfung von gewalt- tätigem Extremismus und Radikalisierung, die zu Terrorismus führen, zu unterstützen und dabei einen multidimensionalen Ansatz zu verfolgen, gegebenenfalls auch in Bezug auf Jugendliche;
19. den Austausch praktischer Erfahrungen und bewährter Praktiken zu erleichtern und gegebe- nenfalls auf Ersuchen Hilfestellung zu leisten, indem sie unter anderem: (a) die Forschung und den Informationsaustausch über die Bedingungen, die gewalttätigem Ext- remismus und Radikalisierung, die zu Terrorismus führen, Vorschub leisten, sowie über Möglich- keiten, dagegen vorzugehen, fördern; (b) gegebenenfalls nationale Strategien und Aktionspläne zur Bekämpfung des Terrorismus ent- wickeln, einschließlich politischer Konzepte und Maßnahmen zur Bekämpfung von gewalttäti- gem Extremismus und Radikalisierung, die zu Terrorismus führen; (c) in die Bemühungen zur Verhütung und Bekämpfung von gewalttätigem Extremismus und Radi- kalisierung, die zu Terrorismus führen, eine Genderperspektive einbauen, deren Schwerpunkte insbesondere eine Verstärkung der Rolle der Frauen und die Mitwirkung von Frauen wie Män- nern an diesen Bemühungen sein sollten; (d) den Teilnehmerstaaten bei der Entwicklung praktischer Aktivitäten helfen, gegebenenfalls in Partnerschaft mit der Zivilgesellschaft und der Privatwirtschaft, und sie bei der Ausarbeitung von politischen Konzepten, Ansätzen und Strategien zur Verhütung und Bekämpfung von gewalttäti- gem Extremismus und Radikalisierung, die zu Terrorismus führen, unterstützen; (e) gegebenenfalls den gegenseitigen Austausch vorbildlicher Verfahren fördern und Möglichkei- ten prüfen, internationale Richtlinien für die Rehabilitation und Wiedereingliederung und die Verhütung terroristischer Radikalisierung in Gefängnissen auszuarbeiten; (f) zur Verhütung von Terrorismus und Bekämpfung von gewalttätigem Extremismus und Radi- kalisierung, die zu Terrorismus führen, Konzepte der bürgernahen Polizeiarbeit umsetzen; (g) zur Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, die Zusammenarbeit zwischen Experten von staatlichen Dienststellen, aus der Zivilgesellschaft, wissenschaftlichen Einrichtungen, den Medien und dem Privatsektor fördern;
414 Belgrad 2015
(h) die Rolle der Zivilgesellschaft, der Frauen, der Jugend und religiöser Führer bei der Verhü- tung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, stärken; (i) im Zuge der Maßnahmen zur Verhütung des Terrorismus und zur Bekämpfung von gewalt- tätigem Extremismus und Radikalisierung, die zu Terrorismus führen, die Menschenrechte und Grundfreiheiten sowie die Rechtsstaatlichkeit fördern und schützen; (j) sich im Zusammenhang mit der Verhütung des Terrorismus und der Bekämpfung von gewalt- tätigem Extremismus und Radikalisierung, die zu Terrorismus führen, mit negativen sozioöko- nomischen Faktoren auseinandersetzen; (k) als festen Bestandteil der Bemühungen um die Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, zu Bildungsinitiativen und anderen Maßnahmen zur Förderung von Toleranz, Nichtdiskriminierung und Gewaltfreiheit ermutigen und das öffentliche Bewusstsein für fremdenfeindliche Klischees, Intoleranz und Diskriminierung stärken und gegen diese vorgehen; (l) die Rolle der Medien als Impulsgeber für eine pluralistische Debatte anerkennen und sie zu professionellem Verhalten und freiwilliger Selbstkontrolle ermutigen, mit dem Ziel, Toleranz für ethnische, religiöse, sprachliche und kulturelle Vielfalt zu fördern und gewalttätigen Extremismus und Radikalisierung, die zu Terrorismus führen, unter gleichzeitiger Beachtung der Unabhängig- keit und Freiheit der Medien zu verhüten und zu bekämpfen;
20. mit den Vereinten Nationen und anderen maßgeblichen internationalen und regionalen Orga- nisationen und Initiativen zusammenzuarbeiten, um bei der Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, Doppelarbeit zu vermeiden und größtmögliche Synergien zu erzielen;
21. die Kooperationspartner entsprechend den von ihnen aufgezeigten Bedürfnissen und Priori- täten gemäß Ministerratsbeschluss Nr. 5/11 über die Kooperationspartner im Einklang mit den festgelegten Verfahren und auf entsprechendes Ersuchen zu unterstützen; (…)
Erklärung zu Jugend und Sicherheit
Wir, die Mitglieder des Ministerrats der Organisation für Sicherheit und Zusammenarbeit in Europa, erinnern an die OSZE-Verpflichtungen betreffend die Jugend, die auf einschlägigen Bestimmun- gen der Schlussakte von Helsinki beruhen.
Wir nehmen Kenntnis von den Bemühungen des derzeitigen Vorsitzes und vorhergehender Vor- sitze der OSZE und betonen, wie wichtig es ist, die Umsetzung der OSZE-Verpflichtungen betref- fend die Jugend insbesondere im Bildungsbereich zu fördern und der Rolle, die junge Menschen im Hinblick auf die Unterstützung der Teilnehmerstaaten bei der Umsetzung der OSZE-Verpflich- tungen in allen drei Dimensionen der OSZE spielen können, mehr Gewicht zu verleihen.
Wir sind uns dessen bewusst, dass Jugendliche und Kinder besonderer Aufmerksamkeit bedür- fen und dass auf ihre Bedürfnisse, Anliegen und Interessen in umfassender Weise eingegangen werden sollte.
415 Belgrad 2015
Ministererklärung über verstärkte Bemühungen der OSZE zur Bekämpfung des Terrorismus infolge der jüngsten Terroristandschläge
Wir, die Minister für auswärtige Angelegenheiten der Teilnehmerstaaten der Organisation für Sicherheit und Zusammenarbeit in Europa, sind entsetzt über die tödlichen Terroranschläge auf Zivilpersonen, zu denen es 2015 im OSZE-Raum und seiner Nachbarschaft kam; wir bekunden den Angehörigen der Opfer sowie dem Volk und den Regierungen, die Zielscheibe waren, unser tief empfundenes Beileid und wünschen denjenigen, die dabei verletzt wurden, eine baldige Genesung.
Wir verurteilen unmissverständlich und mit allem Nachdruck alle Terroranschläge, sowohl die unterschiedslose Tötung von Zivilpersonen als auch das gezielte Ins-Visier- Nehmen einzelner Per- sonen und Gemeinschaften, unter anderem aufgrund ihrer Religion oder Weltanschauung, ins- besondere durch den „Islamischen Staat im Irak und in der Levante“, auch bekannt als DAESH (ISIL/DAESH), die Al-Nusra-Front und alle anderen mit Al-Qaida verbundenen Personen, Grup- pen, Unternehmen und Einrichtungen, die eine weltweite und beispiellose Bedrohung des Welt- friedens und der Sicherheit darstellen.
Wir bekräftigen, dass der Terrorismus in allen seinen Arten und Erscheinungsformen eine der schwersten Bedrohungen des Weltfriedens und der internationalen Sicherheit darstellt und dass alle terroristischen Handlungen verbrecherisch und nicht zu rechtfertigen sind, ungeachtet ihrer Beweggründe und gleichwohl wann und von wem sie begangen werden, und dass der Terrorismus nicht mit einer bestimmten Rasse, Religion, Nationalität oder Zivilisation in Verbindung gebracht werden kann und soll.
Wir sind entschlossen, unsere Anstrengungen zur Auseinandersetzung mit der Bedrohung des Terrorismus, darunter auch der Bedrohung, die von ausländischen terroristischen Kämpfern aus- geht, zu verstärken, (…) (…)
Wir bekräftigen unsere Verpflichtung, den Terrorismus weiterhin geschlossen zu bekämpfen und zusammenzuarbeiten, um terroristische Handlungen zu verhüten und zu unterbinden und auch die Bedingungen zu beseitigen, die seine Ausbreitung begünstigen, durch verstärkte internatio- nale Solidarität und Zusammenarbeit, in uneingeschränkter Anerkennung der zentralen Rolle der Vereinten Nationen und im Einklang mit der Charta der Vereinten Nationen und den anderen anwendbaren völkerrechtlichen Verpflichtungen, insbesondere den internationalen Menschen- rechtsnormen, dem internationalen Flüchtlingsrecht und dem humanitären Völkerrecht, sowie durch die vollständige Umsetzung der Resolutionen des Sicherheitsrats der Vereinten Nationen und der Weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus.
Wir unterstreichen, dass die Achtung der Menschenrechte, der Grundfreiheiten und der Rechts- staatlichkeit und wirksame Maßnahmen zur Terrorismusbekämpfung einander ergänzen, sich gegenseitig verstärken und ein wesentlicher Bestandteil einer erfolgreichen Terrorismusbekämp- fung sind, und stellen fest, wie wichtig die Achtung der Rechtsstaatlichkeit für eine wirksame Ver- hütung und Bekämpfung des Terrorismus ist.
Wir bekräftigen unsere Entschlossenheit und Zusage, bei der Verhütung und Bekämpfung des Terrorismus im Einklang mit unseren völkerrechtlichen Verpflichtungen uneingeschränkt zusam- menzuarbeiten, um alle Personen, die die Finanzierung, Planung, Vorbereitung oder Begehung terroristischer Handlungen unterstützen, erleichtern, sich daran beteiligen oder sich daran zu beteiligen versuchen oder den Tätern Unterschlupf gewähren, ausfindig zu machen, ihnen einen
416 Belgrad 2015
sicheren Zufluchtsort zu verweigern und sie entsprechend dem Grundsatz „entweder ausliefern oder strafrechtlich verfolgen“ vor Gericht zu bringen.
Wir betonen, dass Terrorismus nur durch einen nachhaltigen und umfassenden Ansatz besiegt wer- den kann, unter aktiver Beteiligung und Zusammenarbeit aller Teilnehmerstaaten und maßgeb- lichen internationalen und regionalen Organisationen sowie gegebenenfalls der Zivilgesellschaft, um die terroristische Bedrohung zu behindern, zu schwächen, zu isolieren und auszuschalten. (…)
Wir sind davon überzeugt, dass die Terrorismusbekämpfung im Einklang mit den Prinzipien und Verpflichtungen der OSZE umfassender und unablässiger Bemühungen bedarf und sich sowohl mit den Erscheinungsformen des Terrorismus als auch den verschiedenen sozialen, wirtschaftli- chen, politischen und anderen Faktoren auseinandersetzen muss, die möglicherweise Bedingun- gen schaffen, unter denen terroristische Organisationen Anhänger anwerben und Unterstützung gewinnen können, wobei wir anerkennen, dass keine dieser Bedingungen terroristische Handlun- gen entschuldigen oder rechtfertigen kann.
Wir bekräftigen die feste Entschlossenheit der Teilnehmerstaaten, die Grundprinzipien, auf denen die OSZE aufbaut, zu schützen und alle OSZE-Verpflichtungen umzusetzen, insbesondere diejeni- gen in Verbindung mit der Verhütung und Bekämpfung des Terrorismus, einschließlich des Phä- nomens der ausländischen terroristischen Kämpfer bis hin zur Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, zur Achtung der Menschenrechte und der Rechtsstaatlichkeit und zur Förderung von Toleranz und Nichtdiskriminierung, gegen- seitiger Achtung und des Verständnisses füreinander in unseren Gesellschaften.
417 Dokument des dreiundzwanzigsten Treffens des Ministerrats Hamburg 2016
I. Erklärungen des Ministerrats
Erklärung über die Verstärkung der OSZE-Bemühungen zur Verhütung und Bekämpfung des Terrorismus
1. Wir, die Außenminister der Teilnehmerstaaten der Organisation für Sicherheit und Zusam- menarbeit in Europa, verurteilen alle Terroranschläge auf das Allerschärfste, die insbesondere 2016 im OSZE-Raum, in den Nachbarregionen und weltweit stattgefunden haben. Wir bekräfti- gen unsere Solidarität mit den Terroropfern und betonen die Notwendigkeit, internationale Soli- darität zu ihrer Unterstützung zu fördern und sicherzustellen, dass sie mit Würde und Respekt behandelt werden. Wir bekunden den Familien der Opfer sowie den betroffenen Menschen und Regierungen unser tief empfundenes Beileid.
2. Wir verurteilen unmissverständlich und äußern unsere Empörung über die wahllose Tötung und das bewusste Abzielen auf Zivilisten, zahllose Gräueltaten, die Verfolgung von Personen und Gemeinschaften, unter anderem aufgrund ihrer Religion oder ihrer Weltanschauung, durch ter- roristische Organisationen, insbesondere durch den sogenannten Islamischen Staat im Irak und in der Levante, auch bekannt als DAESH (ISIL/DAESH), Al-Qaida, ANF/Jabhat Fatah-al-Sham, und die mit ihnen verbündeten Personen, Gruppen, Unternehmen und Einrichtungen.
3. Wir erklären erneut, dass der Terrorismus in allen seinen Arten und Erscheinungsformen eine der schwersten Bedrohungen des Weltfriedens und der internationalen Sicherheit darstellt und dass jede terroristische Handlung verbrecherisch und nicht zu rechtfertigen ist, ungeachtet ihrer Beweggründe, und dass der Terrorismus nicht mit einer bestimmten Rasse, Religion, Nationalität oder Zivilisation in Verbindung gebracht werden kann und soll.
4. Wir unterstreichen die zentrale Rolle der Vereinten Nationen bei der Verhütung und Bekämpfung des Terrorismus und bekräftigen nachdrücklich unsere Verpflichtung, alle erforderlichen Maßnah- men zu ergreifen, um jeden Menschen in unserem Hoheitsbereich vor terroristischen Handlungen zu schützen, und die Notwendigkeit, dass alle Handlungen im Einklang mit der Charta der Ver- einten Nationen und allen anderen anwendbaren völkerrechtlichen Verpflichtungen, insbesondere internationalen Menschenrechtsnormen, dem internationalen Flüchtlingsrecht und dem huma- nitären Völkerrecht sowie einschlägigen Resolutionen des UN-Sicherheitsrats, durchgeführt wer- den. Im Sinne dieser Dokumente unterstreichen wir die Wichtigkeit unserer Verpflichtungen aus der Weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus. Ferner neh- men wir Kenntnis von den einschlägigen Dokumenten mit bewährten Praktiken, die das Globale Forum (GCTF) für die Bekämpfung des Terrorismus verabschiedet hat.
5. Wir erinnern an alle einschlägigen OSZE-Dokumente, die unter früheren Vorsitzen betreffend die Verhütung und Bekämpfung des Terrorismus verabschiedet wurden. (…)
418 Hamburg 2016
6. Wir betonen, dass für die Verhütung und Bekämpfung des Terrorismus sowie von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen (VERLT), in erster Linie die Teil- nehmerstaaten verantwortlich sind und sie dabei ihre völkerrechtlichen Verpflichtungen einzuhal- ten haben, insbesondere die Menschenrechte und Grundfreiheiten. Wir bekräftigen nachdrücklich unsere Entschlossenheit und unsere Verpflichtung, bei der Verhütung und Bekämpfung des Terro- rismus durch verstärkte internationale Solidarität und Zusammenarbeit und durch einen nachhal- tigen undumfassenden Ansatz auf allen infrage kommenden Ebenen auch weiterhin geschlossen vorzugehen, unter aktiver Beteiligung und Mitarbeit aller Teilnehmerstaaten und maßgeblichen internationalen und regionalen Organisationen. Es ist uns bewusst, dass die Teilnehmerstaaten Maßnahmen im Einklang mit ihren OSZE-Verpflichtungen und unter Gewährleistung der natio- nalen Eigenverantwortung ergreifen sollten, um sich mit den Bedingungen, die die Ausbreitung des Terrorismus begünstigen, auseinanderzusetzen, wobei wir anerkennen, dass keine dieser Bedin- gungen terroristische Handlungen entschuldigen oder rechtfertigen kann. In diesem Zusammen- hang anerkennen wir die Notwendigkeit, uns mit der Bedrohung durch terroristische Narrative, einschließlich der öffentlichen Rechtfertigung des Terrorismus, der Anstiftung und Anwerbung, zu befassen, und fordern die Teilnehmerstaaten auf, gemeinsam die wirksamsten Antworten auf diese Bedrohung zu entwickeln, in Übereinstimmung mit dem Völkerrecht einschließlich inter- nationaler Menschenrechtsnormen. (…)
8. Wir bekräftigen, dass all jene, die sich an der Finanzierung, Planung, Erleichterung, Vorberei- tung oder Verübung terroristischer Handlungen beteiligen, in Übereinstimmung mit den völ- kerrechtlichen Verpflichtungen und dem anwendbaren innerstaatlichen Recht zur Rechenschaft gezogen und nach dem Grundsatz „ausliefern oder strafrechtlich verfolgen“ vor Gericht gestellt werden müssen. Wir erklären erneut unsere Entschlossenheit und Verpflichtung, bei der Verhütung und Bekämpfung des Terrorismus uneingeschränkt zusammenzuarbeiten, dabei Menschenrechte und Grundfreiheiten zu achten und den völkerrechtlichen Verpflichtungen nachzukommen. Wir fordern die Staaten auf, an den Bemühungen zur Bekämpfung der Bedrohung durch Terroristen, einschließlich ausländischer terroristischer Kämpfer und Rückkehrer, mitzuarbeiten, indem sie unter anderem nach der strafrechtlichen Verfolgung Rehabilitations- und Wiedereingliederungs- strategien entwickeln und umsetzen.
9. Wir betonen die außerordentliche Bedeutung des Informationsaustauschs, vor allem in Bezug auf ausländische terroristische Kämpfer, gestohlene und verlorene Reisedokumente, Schusswaffen und geplünderte oder gestohlene Kulturgüter wie Antiquitäten, und ermutigen alle Staaten, von verfügbaren multilateralen und bilateralen Mechanismen und Datenaustauschsystemen in vollem Umfang Gebrauch zu machen.
10. Wir betonen die Bedeutung der Zusammenarbeit zwischen den OSZE-Teilnehmerstaaten bei der Verhütung und Bekämpfung des Terrorismus, wo angebracht auch unter Einbeziehung der Zivilgesellschaft. Wir unterstreichen ferner die wichtige Rolle, die die Zivilgesellschaft, insbe- sondere Jugendliche, Familien, Frauen, Terroropfer und Führungspersönlichkeiten in den Berei- chen Religion, Kultur und Bildung, sowie die Medien und der Privatsektor bei der Verhütung von VERLT spielen können, unter anderem durch Vorgehen gegen Botschaften mit terroristischen und gewalttätig extremistischen Inhalten und durch das Angebot von Alternativen zu diesen Narrati- ven, etwa auch im Internet und in sozialen und anderen Medien. Wir ermutigen führende Politiker und Persönlichkeiten des öffentlichen Lebens, einschließlich Persönlichkeiten aus der Zivilgesell- schaft und religiöser Führer, unmissverständlich und unverzüglich gegen gewalttätigen Extremis- mus und Radikalisierung, die zu Terrorismus führen, Stellung zu beziehen. (…)
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12. Wir begrüßen die Aktivitäten der Durchführungsorgane der OSZE, einschließlich der OSZE- Institutionen, im Rahmen ihrer bestehenden Mandate und verfügbaren Ressourcen zur Unterstüt- zung der Umsetzung der OSZE-Verpflichtungen im Bereich der Verhütung und Bekämpfung des Terrorismus in Übereinstimmung mit dem umfassenden Sicherheitsansatz der OSZE.
13. Wir laden die OSZE-Kooperationspartner ein, sich dieser Erklärung anzuschließen.
II. Beschlüsse des Ministerrats
Beschluss Nr. 3/16
Die Rolle der OSZE bei der Gestaltung und Steuerung grosser Migranten- und Flüchtlingsbewegungen
Der Ministerrat,
in Anbetracht dessen, dass die Vorteile und Chancen einer sicheren, geordneten und regulären Migration erheblich sind und häufig unterschätzt werden, zugleich feststellend, dass große irregu- läre Migrationsbewegungen oft komplexe Herausforderungen darstellen, sowie in Anerkennung des wesentlichen wirtschaftlichen und sozialen Beitrags, den Migranten und Flüchtlinge zu inklu- sivem Wachstum und nachhaltiger Entwicklung leisten können,
in Anerkennung der Führungsrolle der Vereinten Nationen,
in Würdigung der Bemühungen des serbischen und des deutschen OSZE-Vorsitzes seit 2015, sich in der OSZE wirksamer mit Fragen betreffend die Gestaltung und Steuerung dieser Bewegungen auseinanderzusetzen,
in Anerkennung der vielen konkreten Aktivitäten in Zusammenhang mit Migration und Flüchtlin- gen, die von den OSZE-Durchführungsorganen im Rahmen bestehender Mandate sowie von den Teilnehmerstaaten auf Grundlage bestehender OSZEVerpflichtungen, maßgeblicher Dokumente der Vereinten Nationen und nationaler Politiken bereits unternommen wurden,
in Anknüpfung an die ausführlichen Erörterungen in der OSZE, (…), (…)
2. legt den Durchführungsorganen der OSZE nahe, im Rahmen der bestehenden Mandate und ver- fügbaren Ressourcen ihre Befassung mit der Frage der Migration fortzusetzen, unter anderem durch Verstärkung der Aktivitäten, die zum Austausch nachahmenswerter Verfahren und zur Intensivie- rung des Dialogs und der Zusammenarbeit mit den Kooperationspartnern führen, in einer Weise, die die Aktivitäten anderer maßgeblicher internationaler Organisationen und Agenturen ergänzt;
3. ermutigt die Teilnehmerstaaten, die OSZE-Plattform samt den entsprechenden Arbeitsgre- mien auch dazu zu nutzen, sich weiterhin mit migrationsbezogenen Fragen, in denen die OSZE ihre Expertise entwickelt hat, zu befassen und den Dialog über Themen mit Migrationsbezug mit dem Ziel auszubauen, mögliche wirksame Maßnahmen und gemeinsame Konzepte zur Befassung damit zu entwickeln.
420 Hamburg 2016
Beschluss Nr. 4/16
Stärkung von guter Regierungsführung und Förderung der Konnektivität
Der Ministerrat,
in Bekräftigung der Relevanz und unserer uneingeschränkten Achtung aller OSZENormen, -Prin- zipien und -Verpflichtungen betreffend unsere Zusammenarbeit in der Wirtschafts- und Umwelt- dimension und eingedenk des umfassenden Sicherheitsansatzes der OSZE,
In Bekräftigung der Verpflichtungen der OSZE zur Bekämpfung der Korruption, (…), (…)
in der Erkenntnis, dass gute Regierungsführung, Transparenz und Rechenschaftspflicht grundle- gende Voraussetzungen für Wirtschaftswachstum, Handel, Investitionen und nachhaltige Entwick- lung sind und somit zur Stabilität, Sicherheit und Achtung der Menschenrechte im OSZE-Raum beitragen,
in Anerkennung der Tatsache, dass Korruption und das Fehlen einer guten Regierungsführung politische Spannungen verursachen können, die die Stabilität und Sicherheit der Teilnehmerstaa- ten gefährden,
in der Erkenntnis, dass gute Regierungsführung, Rechtsstaatlichkeit, die Verhütung und Bekämp- fung von Korruption, Geldwäsche und Terrorismusfinanzierung, solide regulatorische Rahmenbe- dingungen einschließlich eines angemessenen Schutzes für Whistleblower, ein öffentlicher Sektor, der sich auf Integrität, Offenheit, Transparenz und Rechenschaftspflicht stützt, sowie Grundsätze guter Unternehmensführung, gestützt auf effizientes Management, ordnungsgemäße Rechnungs- prüfung, Rechenschaftspflicht und Einhaltung und Achtung der Gesetze, Regeln und Verordnun- gen, Unternehmensethik und Verhaltenskodizes, die in enger Absprache mit der Wirtschaft und der Zivilgesellschaft ausgearbeitet werden, Komponenten von kritischer Bedeutung für die Förde- rung eines positiven Geschäfts- und Investitionsklimas im OSZE-Raum sind,
erfreut über die Tatsache, dass nahezu alle Teilnehmerstaaten das Übereinkommen der Verein- ten Nationen gegen Korruption (UNCAC) ratifiziert haben oder ihm beigetreten sind und daran arbeiten, die Verpflichtungen aus dem Übereinkommen zu erfüllen, (…)
mit der Feststellung, dass die transparente Verwaltung öffentlicher Gelder durch starke und gut funktionierende Institutionen, ein professioneller und effektiver öffentlicher Dienst sowie kor- rekte Haushalts- und öffentliche Beschaffungsprozesse zu den wichtigsten Bestandteilen von guter Regierungsführung zählen,
in Anerkennung der Wichtigkeit, dass der Privatsektor, einschließlich kleiner und mittlerer Unter- nehmen, die Zivilgesellschaft und die Medien aktiv an der Verhütung und Bekämpfung der Kor- ruption und der Förderung eines positiven Geschäfts- und Investitionsklimas mitwirken,
in dem Bewusstsein, dass regionale und subregionale Integrationsprozesse und -vereinbarungen dem Handel und der Wirtschaftsentwicklung im OSZE-Raum und in den OSZE-Teilnehmerstaa- ten wertvolle Impulse verleihen können, (…)
421 Hamburg 2016
bekräftigend, dass unsere wirtschaftliche Zusammenarbeit auf Solidarität, Transparenz, gleichbe- rechtigter und nichtdiskriminierender Partnerschaft, gegenseitiger Rechenschaftspflicht und vol- ler Achtung der Interessen aller OSZE-Teilnehmerstaaten beruhen sollte und dass wir uns, wenn Maßnahmen im Wirtschaftsbereich negative Auswirkungen auf andere Teilnehmerstaaten haben, bemühen werden, sie entsprechend unseren internationalen Verpflichtungen so gering wie mög- lich zu halten, (…)
in Anerkennung der Wichtigkeit, dass der öffentliche und der private Sektor sich streng an die Arbeits-, Sozial- und Umweltstandards halten, und ihres Beitrags zu guter Regierungsführung und nachhaltiger Entwicklung, (…)
in Bekräftigung der vorhandenen OSZE-Verpflichtungen im Bereich der guten Regierungsführung, unsere Entschlossenheit betonend, den Menschenhandel in allen seinen Formen zu bekämpfen, und in Anerkennung der Rolle, die Transparenz und Rechenschaftspflicht im öffentlichen Beschaf- fungswesen bei der Verhütung und Bekämpfung des Menschenhandels und der Ausbeutung der menschlichen Arbeitskraft spielen können,
Stärkung von guter Regierungsführung, Förderung von Transparenz und Verbesserung des Geschäftsklimas
1. ermutigt die Teilnehmerstaaten, dem Übereinkommen der Vereinten Nationen gegen Korrup- tion (UNCAC) beizutreten, es zu ratifizieren und umzusetzen und, wie im UNCAC vorgesehen, im zweiten Überprüfungszyklusprozess zum UNCAC Informationen und nachahmenswerte Prak- tiken auszutauschen;
2. ermutigt die Teilnehmerstaaten, gegebenenfalls andere einschlägige internationale Normen anzu- wenden und einzuhalten, (…),und dazu beizutragen, dass alle maßgeblichen Akteure, einschließ- lich der Zivilgesellschaft und der Wirtschaft, sich, (…) verstärkt für deren Umsetzung engagieren;
3. ermutigt die Teilnehmerstaaten, den Austausch von nachahmenswerten Praktiken unter allen maßgeblichen Akteuren zu fördern, die zu guter Regierungs- und Unternehmensführung, zur Förderung von Transparenz und zur Korruptionsprävention und -bekämpfung, auch im Umwelt- bereich, beitragen;
4. fordert die Teilnehmerstaaten auf, sich weiter für Integrität, Rechenschaftspflicht und Kostenef- fizienz im öffentlichen Beschaffungswesen einzusetzen, auch indem sie sicherstellen, dass private Interessen nicht ungebührlich Entscheidungen auf maßgeblichen Regierungsebenen beeinflus- sen, und für angemessene Transparenzvorschriften für an öffentlichen Ausschreibungen teilneh- mende Firmen zu sorgen;
5. fordert die Teilnehmerstaaten auf, den Zugang zu entsprechenden Regierungsinformationen zu erleichtern und zu diesem Zweck die Rechenschaftspflicht des öffentlichen Sektors zu verschärfen und zur Beteiligung der Öffentlichkeit durch „e-governance“ anzuregen;
6. beauftragt die maßgeblichen OSZE-Durchführungsorgane, einschließlich der Feldoperatio- nen, im Rahmen ihrer Mandate und verfügbaren Ressourcen zur Verstärkung der Zusammen- arbeit zwischen den Teilnehmerstaaten, dem Privatsektor und der Zivilgesellschaft beizutragen und den Privatsektor und die Zivilgesellschaft aktiv in ihre Aktivitäten zur Stärkung von guter
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Regierungsführung, zur Förderung von Transparenz und zur Verbesserung des Unternehmens- und Investitionsklimas einzubeziehen; (…)
Stärkung von guter Regierungsführung durch Einhaltung von Arbeits-, Sozial- und Umweltstan- dards
15. ermutigt die Teilnehmerstaaten, den sicheren Verkehr und Handel zu erleichtern und gleichzei- tig den illegalen Handel im Sinne der einschlägigen völkerrechtlichen Bestimmungen und inter- nationalen Übereinkünfte, denen die OSZE-Teilnehmerstaaten beigetreten sind, zu unterbinden und sich verstärkt Herausforderungen wie der Ausbeutung der menschlichen Arbeitskraft und ungenügend regulierten und kontrollierten Arbeitsplätzen zu stellen;
16. fordert die Teilnehmerstaaten auf, sich um eine bessere Anwendung der international aner- kannten Arbeits-, Sozial- und Umweltstandards der UN, der IAO und gegebenenfalls der OECD zu bemühen;
17. ermutigt die Teilnehmerstaaten, gemeinsam mit dem Privatsektor nachhaltige Konsum- und Produktionsmuster auf Grundlage der international anerkannten Arbeits-, Sozial- und Umwelt- standards zu fördern;
18. beauftragt die maßgeblichen OSZE-Durchführungsorgane, einschließlich der Feldoperationen, im Rahmen ihrer Mandate und verfügbaren Ressourcen die Teilnehmerstaaten beim Austausch nachahmenswerter Praktiken zur Hebung des Bewusstseins für die Bedeutung der international anerkannten Arbeits-, Sozial- und Umweltstandards sowie zur Stärkung von guter Regierungs- führung und zur Förderung von Transparenz im öffentlichen Beschaffungswesen zu unterstützen;
Stärkung öffentlich-privater Partnerschaften im Kampf gegen Korruption, Geldwäsche und Ter- rorismusfinanzierung
19. ermutigt die Teilnehmerstaaten, die Zusammenarbeit zwischen Strafverfolgungsbehörden, Jus- tiz und zentralen Meldestellen für Geldwäsche und anderen maßgeblichen Akteuren sowie zwi- schen der Öffentlichkeit und dem Privatsektor und der Zivilgesellschaft, einschließlich der Medien, bei der Bekämpfung von Korruption, Geldwäsche und anderen Straftaten aus dem Bereich der Finanzkriminalität zu erleichtern;
20. beauftragt die maßgeblichen OSZE-Durchführungsorgane, einschließlich der Feldoperationen, im Rahmen ihrer Mandate und verfügbaren Ressourcen den Dialog und die Zusammenarbeit zwi- schen Regierungen, dem Privatsektor und der Zivilgesellschaft zu erleichtern, um Bemühungen um gute Regierungsführung, einschließlich der Bekämpfung von Korruption, Geldwäsche und Terrorismusfinanzierung, zu unterstützen und um sich mit Hindernissen für Wirtschaftswachs- tum und nachhaltige Entwicklung zu befassen;
21. ermutigt die Kooperationspartner, die Bestimmungen dieses Beschlusses auf freiwilliger Basis umzusetzen.
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Beschluss Nr. 5/16
OSZE-Bemühungen im Zusammenhang mit der Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben
Der Ministerrat (…),
bekräftigend, dass die Bemühungen der OSZE-Teilnehmerstaaten zur Verminderung der Konflikt- risiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben, im Einklang mit dem Völkerrecht einschließlich unter anderem der UN-Charta und des Interna- tionalen Pakts über bürgerliche und politische Rechte, mit der Schlussakte von Helsinki und ihren Verpflichtungen zur Achtung der Menschenrechte und Grundfreiheiten erfolgen,
die Resolution der UN-Generalversammlung A/RES/70/237 begrüßend und die Bedeutung der Berichte der Gruppe der Vereinten Nationen von Regierungssachverständigen für Entwicklungen auf dem Gebiet der Information und Telekommunikation im Kontext der internationalen Sicher- heit von 2010, 2013 und 2015 für die OSZE-Bemühungen zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben,
betonend, die Wichtigkeit von vertrauensbildenden Maßnahmen der OSZE zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnolo- gien ergeben, als Ergänzung bestehender weltweiter, regionaler und subregionaler Bemühungen auf diesem Gebiet hervorhebend;
die Wichtigkeit der Kommunikation auf allen Regierungsebenen im Hinblick auf die Verminde- rung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstech- nologien ergeben, hervorhebend, (…)
1. billigt die Verabschiedung des Beschlusses des Ständigen Rates Nr. 1202 vom 10. März 2016 über vertrauensbildende Maßnahmen der OSZE zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben;
2. betont die Wichtigkeit der Umsetzung bestehender vertrauensbildender Maßnahmen der OSZE zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommu- nikationstechnologien ergeben, und der Entwicklung zusätzlicher vertrauensbildender Maßnah- men (…);
3. begrüßt die Aktivitäten der Teilnehmerstaaten zur Umsetzung der bestehenden vertrauensbil- denden Maßnahmen der OSZE zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations und Kommunikationstechnologien ergeben, und stellt diesbezüglich die Bedeu- tung der kontinuierlichen Aktualisierung der nationalen Kontaktstellen für die Erleichterung von zweckdienlicher Kommunikation und Dialog fest;
4. legt allen Teilnehmerstaaten nahe, zur Umsetzung der vertrauensbildenden Maßnahmen der OSZE zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben, beizutragen;
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5. anerkennt die Wichtigkeit eines wirksamen Informationsaustauschs zwischen den Teilnehmer- staaten über die vertrauensbildenden Maßnahmen der OSZE zur Verminderung der Konfliktri- siken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben, sowie unter anderem der Gewährleistung einer raschen Kommunikation auf technischer und stra- tegischer Regierungsebene und der Ausarbeitung von Verfahren für die Abhaltung von Konsul- tationen, um die Risiken einer Fehleinschätzung und des möglichen Auftretens politischer oder militärischer Spannungen oder eines Konflikts, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben können, zu vermindern;
6. beabsichtigt, im Rahmen der durch den Beschluss des Ständigen Rates Nr. 1039 eingerichteten dimensionenübergreifenden informellen Arbeitsgruppe unter der Federführung des Sicherheits- ausschusses zu sondieren, auf welchem Wege die Arbeit der OSZE als praktische Plattform für die konstruktive und effiziente Umsetzung gestärkt werden kann und wie weitere vertrauensbildende Maßnahmen zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben, entwickelt werden können;
7. lädt die Teilnehmerstaaten ein, bis 30. Juni 2017 hierzu konkrete Vorschläge zu unterbreiten;
8. legt den maßgeblichen OSZE-Durchführungsorganen nahe, den Teilnehmerstaaten auf deren Ersuchen bei der Umsetzung der vertrauensbildenden Maßnahmen der OSZE zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnolo- gien ergeben, behilflich zu sein und im Rahmen der vorhandenen Ressourcen die zweckdienlichen nationalen Fähigkeiten und Prozesse zu verstärken; (…)
10. unterstreicht, dass weitere OSZE-Aktivitäten zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben, einschließlich jener von maßgeblichen OSZE-Durchführungsorganen, auf bestehenden OSZE-Bemühungen auf- bauen, die mit den jeweiligen Mandaten und OSZE-Verpflichtungen im Einklang sind, Bemühun- gen der Vereinten Nationen, internationaler und anderer regionaler Gremien ergänzen und nach Maßgabe der vorhandenen Ressourcen organisiert werden sollten;
11. lädt die OSZE-Kooperationspartner ein, den Dialog über Bemühungen zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben, zu intensivieren.
Beschluss Nr. 6/16
Verstärkte Verwendung vorab übermittelter Fluggastdaten
Wir, die Außenminister der Organisation für Sicherheit und Zusammenarbeit in Europa,
erneut auf die Notwendigkeit verweisend, Terrorismus zu bekämpfen, (…)eine der schwersten Bedrohungen des Weltfriedens und der internationalen Sicherheit darstellt, (…)
in Bekräftigung der Ministererklärung über die Rolle der OSZE bei der Bekämpfung des Phäno- mens von ausländischen terroristischen Kämpfern (…),in der die OSZE-Teilnehmerstaaten dazu verpflichtet werden, die Bewegungen ausländischer terroristischer Kämpfer zu verhindern indem sie wirksame Grenzkontrollen durchführen und die Ausstellung von Identitäts- und Reisedokumenten
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kontrollieren, diesbezügliche Informationen auszutauschen und die Ministerratsbeschlüsse Nr. 7/03, Nr. 4/04, Nr. 6/06 und Nr. 11/09 über die Sicherheit von Reisedokumenten umzusetzen, unter voller Einhaltung der völkerrechtlichen Verpflichtungen, insbesondere der internationalen Men- schenrechtsnormen und des internationalen Flüchtlingsrechts, unter anderem um sicherzustellen, dass der Flüchtlingsstatus nicht von denjenigen, die terroristische Handlungen begehen, organi- sieren oder erleichtern, missbraucht wird,
unsere Absicht erklärend, Bewegungen ausländischer terroristischer Kämpfer zu erkennen und zu verhindern (…) (…)
beschließen, dass sich die OSZE-Teilnehmerstaaten zu Folgendem verpflichten:
1. Einrichtung nationaler Systeme zur Vorab-Übermittlung von Fluggastdaten (advance passenger information – API) zwecks wirksamer Abfrage von Fluggast- bzw. Besatzungsdaten bei in ihrem Hoheitsgebiet tätigen Fluggesellschaften;
2. gegebenenfalls Schaffung auf nationaler Ebene eines interaktiven Systems zum Austausch von API-Daten (iAPI), um Bewegungen von ausländischen terroristischen Kämpfern (…) zu verhindern;
3. (…)wobei festzuhalten ist, dass die Staaten für die Durchsetzung angemessener Sicherheitsmaß- nahmen auf Flughäfen selbst verantwortlich sind;
4. Zusammenarbeit mit allen infrage kommenden nationalen Akteuren bei der Implementierung von API-Systemen auf nationaler Ebene und gegebenenfalls Einrichtung einer Behörde, die für alle anderen Behörden alle Arten von Fluggastdaten durch eine einzige Dateneingabestelle ent- gegennimmt;
5. Erhöhung des Mehrwerts der API-Daten, indem versucht wird, diese Daten automatisch
mit einschlägigen nationalen, regionalen und internationalen Fahndungslisten abzugleichen, ins- besondere mit Interpol-Datenbanken und UN-Sanktionslisten;
6. Unterstützung anderer Teilnehmerstaaten bei der Einrichtung von API-Systemen auf deren Ersuchen;
wir beauftragen die OSZE-Durchführungsorgane, im Rahmen ihrer Mandate und verfügbaren Ressourcen:
7. die weltweiten Bemühungen zu unterstützen und zu diesem Zweck auf die in den Resolutionen 2178 (2014) und 2309 (2016) des UN-Sicherheitsrats geforderten Maßnahmen betreffend vorab übermittelte Fluggastdaten aufmerksam zu machen, den Bedarf an technischer Hilfestellung, um die Teilnehmerstaaten ersuchen, festzustellen und mögliche Geber für die Hilfestellung beim Auf- bau von Kapazitäten zu ermitteln;
8. ersuchende Teilnehmerstaaten in Zusammenarbeit mit einschlägig tätigen internationalen und regionalen Organisationen bei der Einrichtung von API-Systemen zu unterstützen.
426 Dokument des vierundzwanzigsten Treffens des Ministerrats Wien 2017
II. Beschlüsse des Ministerrats
Beschluss Nr. 5/17
Verstärkung der Bemühungen der OSZE zur Vermimderung der Konfliktsrisken, die -sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben
Der Ministerrat (…),
im Hinblick auf die enormen Chancen, die Informations- und Kommunikationstechnologien für die soziale und wirtschaftliche Entwicklung bieten, und darauf, dass sie für die internationale Gemeinschaft immer wichtiger werden,
in der Erkenntnis, dass ein offenes, sicheres, stabiles, zugängliches und friedliches Umfeld für Infor- mations- und Kommunikationstechnologien für die die OSZE-Teilnehmerstaaten von Nutzen ist,
bekräftigend, dass die Bemühungen der OSZE-Teilnehmerstaaten zur Verminderung der Konflikt- risiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben, im Einklang mit dem Völkerrecht, (…)und ihren Verpflichtungen zur Achtung der Menschen- rechte und Grundfreiheiten erfolgen,
mit dem Ausdruck der Besorgnis über das Zunehmen bedeutender Zwischenfälle, bei denen Infor- mations- und Kommunikationstechnologien in böswilliger Absicht eingesetzt wurden, und beto- nend, dass diese negativen Entwicklungen Sicherheitsrisiken für alle OSZETeilnehmerstaaten und ihre Bürger sowie für den öffentlichen und privaten Sektor darstellen, (…)
in der Erkenntnis, dass es notwendig ist, die Bemühungen der OSZE weiter zu verstärken, um auch in Zukunft Vertrauen aufzubauen und die Konfliktrisiken, die sich aus dem Einsatz von Informa- tions- und Kommunikationstechnologien ergeben, zu vermindern,
beschließt:
1. alle Beschlüsse zu vertrauensbildenden Maßnahmen, die von der OSZE verabschiedet wurden, weiterhin umzusetzen, um die Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben, zu vermindern, um zu einem offenen, sicheren, stabilen, zugänglichen und friedlichen Umfeld für Informations- und Kommunikationstechnologien im Einklang mit den OSZE-Verpflichtungen beizutragen;
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2. Wege zur Stärkung und Optimierung der Arbeit der OSZE als einer praktischen Plattform für die Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommu- nikationstechnologien ergeben, zu ermitteln und zugleich die Arbeit der nach Beschluss Nr. 1039 des Ständigen Rates eingerichteten, dimensionenübergreifenden informellen Arbeitsgruppe fort- zusetzen;
3. den OSZE-Durchführungsorganen nahezulegen, im Rahmen ihres Mandats und verfügbarer Ressourcen, den Teilnehmerstaaten auf deren Ersuchen bei der Umsetzung der vertrauensbilden- den Maßnahmen der OSZE zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben, behilflich zu sein und die zweckdien- lichen nationalen Fähigkeiten und Prozesse zu verstärken;
4. die OSZE-Kooperationspartner einzuladen, den Dialog über Bemühungen zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnolo- gien ergeben, zu intensivieren.
Beschluss Nr. 6/17
Verstärkung der Bemühungen zur Verhütung des Menschenhandels
Der Ministerrat,
bekräftigend, dass der Menschenhandel ein schwerwiegendes und abscheuliches Verbrechen ist, das die menschliche Würde verletzt, und dass alle Aspekte der Bekämpfung des Menschenhandels strikt auf Rechtsstaatlichkeit und der Achtung der Menschenrechte fußen sollten,
in Bekräftigung unserer scharfen Verurteilung jeglicher Form von Menschenhandel, auch für die Zwecke der Ausbeutung von Arbeitskräften, der sexuellen Ausbeutung, des Kinderhandels, des Zwangs zur Begehung von Straftaten sowie zum Zweck der Organentnahme, und anerkennend, dass die Verhütung dieses Verbrechens Priorität besitzt,
ferner in Bekräftigung unserer Verpflichtung zur Befassung mit den Faktoren, die Personen anfäl- liger für die Gefahren des Menschenhandels machen können, und die Bedeutung eines dimen- sionenübergreifenden und umfassenden Ansatzes bei der Bekämpfung des Menschenhandels betonend, der verlangt, dass das Hauptaugenmerk auf der Durchführung wirksamer Präventi- onsmaßnahmen liegen muss, (…)
in Bekräftigung unserer Unterstützung für die wirksame Umsetzung des Übereinkommens der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität und von dessen ergänzendem Protokoll zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, ins- besondere des Frauen- und Kinderhandels, als internationaler Rechtsrahmen für die Bekämpfung des Menschenhandels, sowie der Bedeutung der Umsetzung des Weltaktionsplans der Vereinten Nationen zur Bekämpfung des Menschenhandels,
unter Hinweis auf die Bedeutung der Agenda 2030 für nachhaltige Entwicklung sowie des Über- einkommens der Vereinten Nationen über die Rechte des Kindes (1989), sofern sie Vertragsstaa- ten sind, für die Verhütung und Bekämpfung des Menschenhandels,
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feststellend, dass eine verstärkte Zusammenarbeit und Koordination zwischen den Teilnehmer- staaten und den Kooperationspartnern im Bereich der Justiz und der Strafverfolgung, darunter eine wirksame Grenzsicherung und ein ebensolches Grenzmanagement, zur Verhütung des Men- schenhandels, unter anderem durch die Auflösung und Zerschlagung solcher grenzüberschreiten- der krimineller Organisationen und durch die Verfolgung der Täter, beitragen kann,
die Bedeutung der Umsetzung der internationalen Arbeitsstandards betonend, die im Rahmen der Bemühungen zur Verhütung des Menschenhandels in Betracht kommen, und eingedenk der Ins- trumente der Internationalen Arbeitsorganisation, (…), die auch bewährte Praktiken zur Verhü- tung des Menschenhandels zum Zweck der Ausbeutung von Arbeitskräften beinhaltet,
mit dem Ausdruck der Anerkennung für diejenigen Teilnehmerstaaten, die von Auftragnehmern, die Waren und Dienstleistungen an die Regierung liefern, verlangen, wirksame und geeignete Schritte gegen die Gefahr des Menschenhandels in ihren Lieferketten zu setzen, einschließlich von Schritten, die verhindern, dass Subunternehmer und Angestellte sich an Aktivitäten beteili- gen, die bekanntermaßen zu Menschenhandel führen. Auch jenen Staaten ihre Anerkennung aus- sprechend, die den Privatsektor darin bestärken, bei seinen eigenen Geschäften sowie bei denen seiner Subunternehmer und Zulieferer auf die Gefahr von Menschenhandel zu achten, um sicher- zustellen, dass sie den Gefahren vorausschauend begegnen,
in Anerkennung des Beitrags der Zivilgesellschaft, einschließlich religiöser Organisationen, zur Verhütung des Menschenhandels und zur Hilfeleistung für die Opfer,
ruft die Teilnehmerstaaten dazu auf:
1. gezielte Präventionsstrategien zu entwickeln, die, so vorhanden, auf vertieften Forschungsergeb- nissen und systematisch gesammelten, verlässlichen Informationen beruhen, einschließlich mit Hilfe nationaler Mechanismen wie nationale Berichterstatter, wo es sie gibt, um die Wirksamkeit und die Folgen der Bemühungen gegen den Menschenhandel auf nationaler und internationaler Ebene zu steigern;
2. den Dialog und die Zusammenarbeit zwischen Regierungen, internationalen Organisationen, der Zivilgesellschaft und dem Privatsektor, einschließlich Unternehmen, Gewerkschaften und Arbeit- geberorganisationen als Sozialpartner, im Hinblick auf verstärkte Bemühungen zur Verhütung des Menschenhandels zu fördern, unter anderem durch verstärkte Aufklärung über die Rolle der ein- zelnen Akteure und durch die Erleichterung des Informationsaustauschs über den Menschenhan- del zwischen den Herkunfts-, Transit-, und Zielländern, einschließlich der Kooperationspartner, und die Bedeutung anerkennend, welche den Stimmen der Opfer von Menschenhandel bei der Ausarbeitung wirksamer Strategien gegen den Menschenhandel zukommt;
3. die OSZE weiterhin als Plattform für den Dialog zur Zusammenarbeit im Bereich der Justiz und der Strafverfolgung, zur Grenzsicherung und zum Grenzmanagement als wichtiger Bestandteil der Verhütung des Menschenhandels zu nutzen;
4. behörden-, sektorenübergreifende und multinationale Programme zum Kapazitätsaufbau zu fördern, die Maßnahmen zur Verhütung des Menschenhandels in all seinen Formen, mit beson- derem Augenmerk auf Faktoren, die Menschen anfällig für die Gefahr des Menschenhandels machen, begünstigen;
5. geeignete Maßnahmen zur wirksamen Bekämpfung des Menschenhandels zu treffen, durch die Entwicklung vereinheitlichter Verfahren und Schulungskurse, unter anderem zur Identifizierung
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und zum Schutz von Menschenhandelsopfern, sei es für die zuständigen Behörden, Organisatio- nen der Zivilgesellschaft, Beschäftigte des Gesundheitswesens und Sozialarbeiter sowie für andere, die Erstkontakt mit den Betroffenen haben könnten;
6. Bemühungen in den Bereichen Bildung und Aufklärung, einschließlich Menschenrechtserzie- hung, zu verstärken, und Programme zur Befähigung zu entwickeln und umzusetzen, die die besonderen Bedürfnisse von Frauen, Männern, Mädchen und Jungen berücksichtigen, um die Fähigkeit zu stärken, Menschenhandel innerhalb von Gemeinschaften zu erkennen, zu verhüten und zu bekämpfen;
7. einen opfer- und traumaorientierten und diesbezüglich im Einklang mit dem Beschluss Nr. 14/06 des Ministerrats gendersensiblen Ansatz zu verfolgen, der die Menschenrechte und Grundfreihei- ten bei allen Bemühungen zur Verhütung und zum Beistand uneingeschränkt achtet;
8. den wichtigen Beitrag, den die Medien bei der Verhütung des Menschenhandels leisten können, anzuerkennen, unter anderem durch die Einführung freiwilliger Berufsstandards, um verantwor- tungsvoll und feinfühlig über Fälle von Menschenhandel zu berichten;
9. vorbildliche Verfahren festzustellen, zu entwickeln und auszutauschen, darunter auch solche, die im Zusatz zum „OSZE-Aktionsplan zur Bekämpfung des Menschenhandels – ein Jahrzehnt später“ enthalten sind, für erfolgreiche nationale und globale Partnerschaften zwischen dem öffentlichen und dem Privatsektor zur Bekämpfung des Menschenhandels, um die Achtung der Menschen- rechte und soziale Unternehmensverantwortung zu fördern, einschließlich durch Sensibilisierung der Öffentlichkeit für die Gefahr des Menschenhandels bei der Produktion und der Herkunft von Gütern und der Bereitstellung von Dienstleistungen;
10. den privaten Sektor zu bestärken, Strategien und Verfahren einzuführen, um jede Form von Menschenhandel zu verhüten, sich aktiv in die Bemühungen verschiedener Akteure einzubringen, im Hinblick auf den Menschenhandel ein Gefahrenbewusstsein zu entwickeln und vorbildliche Verfahren wie unabhängige Monitoring-, Verifikations- und Zertifizierungsmechanismen einzu- führen, um die Einhaltung beziehungsweise die Umsetzung von Verhaltenskodizes oder selbst gesetzter ethischer Standards, darunter durch Schaffung von Anreizen für Unternehmen, mit gebührender Sorgfalt und Transparenz zu handeln, um Missbrauch und Ausbeutung von Beschäf- tigten innerhalb ihrer Lieferkette zu verhindern und für verantwortlich agierende Firmen gleiche Wettbewerbsbedingungen zu schaffen;
11. in Ergänzung der nationalen Rechtsvorschriften Richtlinien zu fördern, die bei der Entschei- dung über die Vergabe von Regierungsaufträgen für Waren und Dienstleistungen berücksichtigen, ob Unternehmen geeignete und wirksame Schritte setzen, um sich mit der Gefahr des Menschen- handels zu befassen, und zwar auch im Hinblick auf ihre Subunternehmer und Angestellten;
12. geeignete Maßnahmen zu ergreifen, um missbräuchliche und betrügerische Arbeits- vermitt- lungs- und Beschäftigungspraktiken, die zum Menschenhandel zum Zwecke der Ausbeutung von Arbeitskräften, der sexuellen Ausbeutung, des Zwangs zur Begehung von Straftaten, oder ande- rer Formen von Menschenhandel führen können, zu ermitteln und zu beseitigen, einschließlich Maßnahmen zur Förderung klarer Kriterien für die amtliche Registrierung von Arbeitsvermitt- lungs- und Arbeitskräftebereitstellungsagenturen sowie durch die Stärkung der Rolle der zustän- digen Behörden, wie Arbeitsinspektoren;
13. Maßnahmen zu fördern, um die Nutzung von Zwangsarbeit durch diplomatisches und anderes Personal diplomatischer oder konsularischer Vertretungen und internationaler Organisationen zu
430 Wien 2017
verhüten und zu bekämpfen und eine Null-Toleranz-Politik in Bezug auf Menschenhandel durch dieses Personal zu fördern, unter Berücksichtigung international vorbildlicher Verfahren, wie sie beispielsweise im OSZE-Handbuch zur Verhütung des Menschenhandels zur häuslichen Zwangs- dienstbarkeit in Diplomatenhaushalten und zum Schutz privater Hausangestellter zusammengestellt sind, und feststellend, dass viele dieser Maßnahmen im Einklang mit den Wiener Übereinkommen über diplomatische Beziehungen und über konsularische Beziehungen sowie den Amtssitzabkom- men internationaler Organisationen stehen, und anerkennend, dass die Wiener Übereinkommen die Verpflichtung beinhalten, die Gesetze und Vorschriften des Empfangsstaats zu achten, ein- schließlich jener, deren Ziel es ist, Menschenhandel zu verhüten und sich mit ihm zu befassen;
14. die Sonderbeauftragte und Koordinatorin der OSZE für die Bekämpfung des Menschenhan- dels und gegebenenfalls andere zuständige Durchführungsorgane im Rahmen ihrer jeweiligen Mandate und in Abstimmung mit der Sonderbeauftragten der OSZE zu beauftragen, die Zusam- menarbeit in der Allianz gegen den Menschenhandel und auf anderen regionalen und globalen Plattformen, unter anderem der Interinstitutionellen Koordinierungsgruppe zur Bekämpfung des Menschenhandels, fortzusetzen;
15. die entsprechenden Durchführungsorgane im Rahmen ihrer jeweiligen Mandate und in Zusam- menarbeit mit der Sonderbeauftragten und Koordinatorin der OSZE für die Bekämpfung des Men- schenhandels zu veranlassen, weiterhin Untersuchungen anzustellen und in Absprache mit den Teilnehmerstaaten Aktivitäten zum Aufbau von Kapazitäten durchzuführen, Teilnehmerstaaten auf ihr Ersuchen hin bei der Entwicklung von Strategien und Richtlinien zur Stärkung der Bemü- hungen, den Menschenhandel zu verhüten, Hilfestellung zu leisten;
16. den Generalsekretär zu beauftragen, bestehende Politiken, Rechnungsprüfungs- und Berichts- verfahren sowie die Sicherheitsvorkehrungen bei der Personaleinstellung zu überprüfen und sicher- zustellen, dass keine Aktivitäten der Durchführungsorgane der OSZE, einschließlich der Vergabe von Verträgen für Waren und Dienstleistungen, zu irgendeiner Form des Menschenhandels, (…).
Beschluss Nr. 7/17
Verstärkung der Bemühungen zur Bekämpfung jeder Form von Kinderhandel, auch zum Zweck der sexuellen Ausbeutung, sowie anderer Formen sexueller Ausbeutung von Kindern
Der Ministerrat, (…)
höchst beunruhigt über das Fortbestehen des Kinderhandels in all seinen Erscheinungsformen über Ländergrenzen hinweg sowie innerhalb von Ländern, einschließlich des Kinderhandels zum Zweck der sexuellen Ausbeutung und der Ausbeutung der Arbeitskraft, und erneut auf die Not- wendigkeit verweisend, entschlossenere Maßnahmen dagegen zu ergreifen,
bekräftigend, dass das Wohl des Kindes ein Gesichtspunkt ist, der bei Beschlüssen betreffend Men- schenhandel oder sexueller Ausbeutung ausgesetzte Kinder vorrangig zu berücksichtigen ist, und in Bekräftigung der Tatsache, dass es wichtig ist, die besondere Schutz- und Hilfsbedürftigkeit von Kindern zu beachten und dem Kind Gelegenheit zu geben, gehört zu werden,
erschüttert darüber, dass die sexuelle Ausbeutung von Kindern schwerwiegende lebenslange Aus- wirkungen auf die körperliche und seelische Entwicklung und das Wohlergehen des Kindes nach sich ziehen kann und in vielen Fällen eine Form von Menschenhandel ist, feststellend, dass jede Form von Kinderhandel, auch zum Zweck der sexuellen Ausbeutung, sowie andere Formen sexueller
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Ausbeutung von Kindern die Menschenwürde verletzen und die Wahrnehmung der Menschen- rechte und Grundfreiheiten untergraben,
in der Erwägung, dass jede Form von Kinderhandel, auch zum Zweck der sexuellen Ausbeutung, sowie andere Formen sexueller Ausbeutung von Kindern schwerwiegende und abscheuliche Ver- brechen sind, die in vielen Fällen mit organisierter Kriminalität in Verbindung stehen und mit allen verfügbaren Mitteln verhindert, untersucht, strafrechtlich verfolgt und geahndet werden müssen,
unter Hinweis auf den Zusatz zum OSZE-Aktionsplan zur Bekämpfung des Menschenhandels 2013, in dem die Teilnehmerstaaten aufgefordert werden, politische Strategien und Maßnahmen einschließlich der Zusammenarbeit zwischen den Strafverfolgungsbehörden der Teilnehmerstaa- ten zu entwickeln und umzusetzen, um zu verhindern, dass die Tourismusbranche für jedwede Form von Menschenhandel, insbesondere für die sexuelle Ausbeutung von Kindern, genutzt wird,
in Anerkennung der Tatsache, dass sexuelle Ausbeutung von Kindern in der Reise- und Touris- musbranche, die auch das Reisen von einem Land zum anderen umfassen kann, ein schweres Verbrechen darstellt und zur Nachfrage beiträgt, die den Kinderhandel zum Zweck der sexuellen Ausbeutung begünstigt,
den Teilnehmerstaaten, die mit der Reise- und Tourismusbranche, einschließlich mit Fluglinien und anderen Verkehrsträgern, sowie mit Hotels, dem Gastgewerbe im weitesten Sinn und der Zivilgesellschaft zusammenarbeiten, und ebenso den einschlägigen internationalen Organisatio- nen empfehlend, jede Form von Kinderhandel, auch zum Zweck der sexuellen Ausbeutung, sowie andere Formen sexueller Ausbeutung von Kindern zu verhindern und Verfahren einzurichten und umzusetzen, um Kinderhandel im Verdachtsfall zu erkennen, zu melden und dagegen vorzugehen,
betonend, dass die Informations- und Kommunikationstechnologien (IKT) eine positive erziehe- rische, entwicklungsfördernde und bewusstseinsbildende Rolle für Kinder spielen, aber auch zur Erleichterung des Zugangs zu Kindern zum Zweck der Ausbeutung oder der Zurschaustellung von Kindern zum Zweck der sexuellen Ausbeutung missbraucht werden können, und dass Plattfor- men sozialer Medien missbraucht werden können, um Kontakte zu Kindern anzubahnen, die in der Folge Opfer von sexuellem Missbrauch sowie jeder Form von Kinderhandel werden können,
unter Hinweis auf den Zusatz zum OSZE-Aktionsplan zur Bekämpfung des Menschenhandels 2013, in dem die Teilnehmerstaaten aufgefordert werden, Grenz- und Strafverfolgungsbeamte, Richter, Staatsanwälte, Einwanderungsbehörden und andere zuständige Beamte in Bezug auf die Nutzung des Internets und anderer IKT zum Zweck des Menschenhandels und damit zusam- menhängender Verbrechen einschließlich jeder Form von Kinderhandel und sexueller Ausbeu- tung von Kindern auszubilden,
besorgt darüber, dass Kinder, die über das Internet Zugang zu Pornografie haben, dafür abstump- fen können, und die Wahrscheinlichkeit steigt, dass sie selbst Opfer von sexuellem Missbrauch oder zu Tätern werden,
in Anbetracht dessen, dass im letzten Jahrzehnt neuartige Techniken zur Altersverifikation ent- wickelt wurden, mit deren Hilfe Kinder davor bewahrt werden könnten, Zugang zu Pornografie im Internet zu erhalten,
mit dem Ausdruck der Besorgnis darüber, dass Kinder in Migrationsströmen, insbesondere unbe- gleitete Minderjährige, besonders gefährdet sind, Opfer von Menschenhandel und sexueller Aus- beutung zu werden, und mit der Feststellung, dass Spezialeinrichtungen, ausreichender Schutz,
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die Schulung von Mitarbeitern sowie Mitarbeiter in ausreichender Zahl und der Einsatz von weib- lichen Patrouillen diese Risiken mindern können,
1. ermutigt zur Zusammenarbeit zwischen Teilnehmerstaaten, internationalen Organisationen und der Zivilgesellschaft bei der Bekämpfung jeder Form von Kinderhandel, auch zum Zweck der sexuellen Ausbeutung, sowie anderer Formen sexueller Ausbeutung von Kindern, in Kennt- nis ihrer Bemühungen um die Bekämpfung dieser Verbrechen;
2. ermutigt die Teilnehmerstaaten dazu, sich einen opferorientierten und traumasensiblen Ansatz zu eigen zu machen, der die jeweiligen geschlechtsspezifischen Anliegen von Mädchen und Jungen im Sinne des Kindeswohls berücksichtigt und die Menschenrechte und Grundfreiheiten von Kin- dern, die Menschenhandel oder sexueller Ausbeutung ausgesetzt wurden, uneingeschränkt achtet;
3. fordert die OSZE-Teilnehmerstaaten, die dies noch nicht getan haben, auf, rechtliche Maßnah- men zu prüfen, die ihnen die strafrechtliche Verfolgung ihrer Staatsangehörigen wegen schwerer Verbrechen an Kindern erlauben, auch dann, wenn diese in einem anderen Land verübt wurden;
4. fordert die OSZE-Teilnehmerstaaten auf, durch Erziehung und Aufklärung jede Form von Kin- derhandel und sexueller Ausbeutung von Kindern, unter anderem auch in touristischen Reisezielen, zu verhüten und in Zusammenarbeit mit der Privatwirtschaft und der Zivilgesellschaft die Tou- rismusbranche sowie Geschäftsreisende und Touristen verstärkt dafür zu sensibilisieren, um die Nachfrage zu beseitigen, die den Kinderhandel und die sexuelle Ausbeutung von Kindern forciert;
5. fordert die OSZE-Teilnehmerstaaten auf, die Zusammenarbeit und Koordination zwischen den zuständigen Behörden wie Strafverfolgungs-, Einwanderungs- und Grenzbehörden der Teilnehmer- staaten, der Kooperationspartner und Zielländer außerhalb der OSZE-Region zu verstärken, unter anderem indem sie unter vollständiger Einhaltung nationaler Rechtsvorschriften und nationaler und internationaler datenschutzrechtlicher Bestimmungen Maßnahmen prüfen, wie etwa folgende: (a) Verabschiedung zusätzlicher, die Täter betreffender Verwaltungsmaßnahmen, wie etwa die Ein- tragung von Personen, die wegen sexueller Ausbeutung beziehungsweise sexuellen Missbrauchs von Kindern strafrechtlich verurteilt wurden, in Sexualstraftäterregister; (b) wo zutreffend, Mittel und Wege für die grenzüberschreitende Entgegennahme und/oder den grenzüberschreitenden Austausch von Daten zwischen Straf- verfolgungs- und/oder Justizbehör- den über Personen, die wegen sexueller Ausbeutung oder sexuellen Missbrauchs von Kindern strafrechtlich verurteilt wurden;
6. legt den Teilnehmerstaaten dringend nahe, Menschenhändler und Personen, die Kinder sexu- ell ausbeuten, strafrechtlich zu verfolgen, einschließlich jener, die Informations- und Kommuni- kationstechnologien dazu missbrauchen, um Kinder anzuwerben oder den Zugang zu Kindern für die Zwecke des Kinderhandels oder der sexuellen Ausbeutung zu erleichtern, und Strafen zu verhängen, die eine wirksame Abschreckung darstellen und dem Verbrechen angemessen sind;
7. fordert die Teilnehmerstaaten, die dies noch nicht getan haben, auf, die Einführung von Tech- niken zur Altersverifikation zu fördern, um den Zugang von Kindern zu pornografischen Web- seiten einzuschränken;
8. ermutigt die Teilnehmerstaaten, IKT-Unternehmen und Social-Media-Unternehmen aufzufor- dern, die Verbreitung von Online-Inhalten, die den sexuellen Missbrauch von Kindern darstellen, zu verhindern und diese zu entfernen, und Kinder zu schützen, indem sie gegen die Online-Kon- taktaufnahme durch Menschenhändler zum Zweck jeder Form von Kinderhandel sowie anderer
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Formen sexueller Ausbeutung von Kindern vorgehen und dazu unter anderem neue Instrumente und Techniken entwickeln;
9. fordert die Teilnehmerstaaten auf, wo angebracht und bei gleichzeitigem Schutz personenbe- zogener Daten vor krimineller Nutzung, Daten über Kinderhandel und die sexuelle Ausbeutung von Kindern mit der Internationalen Bilddatenbank gegen die sexuelle Ausbeutung von Kindern (ICSE-DB) von Interpol abzugleichen, einer Schaltstelle für die weltweite Opferermittlung, die auch zur Ermittlung der Menschenhändler und ihrer Mittäter herangezogen werden kann, und die Finanzflüsse zu verfolgen, um kriminelle Netzwerke zu zerschlagen;
10. fordert die Teilnehmerstaaten auf, Grenz- und Strafverfolgungsbeamten, Richtern, Staatsanwäl- ten, Einwanderungsbehörden und anderen zuständigen Beamten sowie Lehrern und in Gesund- heitsberufen Tätigen erforderlichenfalls noch mehr informations- und kommunikationstechnische Spezialausbildung zukommen zu lassen, mit dem Ziel, jede Form von Kinderhandel sowie anderer sexueller Ausbeutung von Kindern zu bekämpfen;
11. ermutigt die Teilnehmerstaaten dazu, das öffentliche Bewusstsein dafür zu schärfen, dass Kinder in Migrationsströmen besonders gefährdet sind für jede Form von Kinderhandel, auch zum Zweck der sexuellen Ausbeutung, sowie für andere Formen sexueller Ausbeutung von Kin- dern, die Kapazitäten von Ersthelfern für die Ermittlung von Kindern, die Menschenhandel oder anderer sexueller Ausbeutung zum Opfer gefallen sind, zu erhöhen und ihren Zuständigkeitsbe- reich auszuweiten und ihnen Schutz und entsprechende Unterstützung und die Weiterleitung zu Rechtsbeistand und wirksamen Rechtsbehelfen und gegebenenfalls zu anderen Dienstleistungen zukommen zu lassen (…);
12. beauftragt die zuständigen OSZE-Durchführungsorgane, nach Maßgabe ihres Mandats und in Abstimmung mit der Sonderbeauftragten und Koordinatorin der OSZE für die Bekämpfung des Menschenhandels, den Teilnehmerstaaten auf deren Ersuchen auch weiterhin bei der Umsetzung ihrer Verpflichtungen im Zusammenhang mit jeder Form von Kinderhandel, auch zum Zweck der sexuellen Ausbeutung, sowie anderer Formen sexueller Ausbeutung von Kindern behilflich zu sein;
13. lädt die Kooperationspartner der OSZE ein, sich auf freiwilliger Basis den Verpflichtungen der Teilnehmerstaaten zur Bekämpfung jeder Form von Kinderhandel, auch zum Zweck der sexuellen Ausbeutung, sowie anderer Formen sexueller Ausbeutung von Kindern anzuschließen.
434 Dokument des fünfundzwanzigsten Treffens des Ministerrats Mailand 2018
I. Erklärungen des Ministerrats
Erklärung zur Rolle der Jugend und ihrem Beitrag zu den Bemühungen und Frieden und Sicherheit
1. Wir, (…),anerkennen, dass die Jugend ein wichtiger Bestandteil der Gesellschaft ist und eine wichtige Rolle zur Unterstützung der Teilnehmerstaaten bei der Umsetzung von Verpflichtungen in allen drei Dimensionen spielen kann.
2. Wir erinnern an die OSZE-Verpflichtungen im Zusammenhang mit Jugendlichen, (…). (…)
5. Wir anerkennen die Rolle, die die Jugend spielen kann, um zu einer Kultur des Friedens, des Dialogs, der Gerechtigkeit und des friedlichen Zusammenlebens, des Vertrauens und der Versöh- nung beizutragen.
6. Wir laden die Kooperationspartner ein, sich dieser Erklärung auf freiwilliger Basis anzuschließen.
II. Beschlüsse des Ministerrats
Beschluss Nr. 3/18
Die Sicherheit von Journalisten
Der Ministerrat,
in Bekräftigung aller einschlägigen Verpflichtungen der OSZE zum Recht auf freie Meinungsäu- ßerung, auf Medienfreiheit und auf freien Informationsfluss, (…), in denen die Teilnehmerstaaten bekräftigten, dass das Recht auf freie Meinungsäußerung die Meinungsfreiheit sowie die Freiheit zum Empfang und zur Mitteilung von Informationen und Nachrichten oder Ideen ohne Eingriffe öffentlicher Behörden und ohne Rücksicht auf Landesgrenzen einschließt,
in dem Bewusstsein, dass – laut der Allgemeinen Erklärung der Menschenrechte, (…), jedermann das Recht auf Meinungsfreiheit und freie Meinungsäußerung hat und dass dieses Recht eine der wesentlichen Grundlagen einer demokratischen Gesellschaft und eine der Grundvoraussetzun- gen für deren Fortschritt und Weiterentwicklung darstellt,
435 Mailand 2018
ferner in dem Bewusstsein, dass jede Einschränkung des Rechts auf freie Meinungsäußerung nur erfolgen darf, soweit sie gesetzlich vorgesehen und aus einem der in Artikel 19 Absatz 3 des IPBPR genannten Gründe notwendig ist,
erneut bekräftigend, dass unabhängige Medien für eine freie und offene Gesellschaft und rechen- schaftspflichtige Regierungssysteme unverzichtbar sind und dass sie, (…), für die Wahrung der Menschenrechte und Grundfreiheiten von besonderer Bedeutung sind ,
anerkennend, dass Journalismus und Technologie sich stetig weiterentwickeln, was zur öffentli- chen Debatte beiträgt, aber auch das Spektrum von Risiken erweitern kann, die die Sicherheit von Journalisten gefährden,
in Anbetracht der Bedeutung, die der Förderung und dem Schutz der Sicherheit von Journalisten für die Umsetzung des diesbezüglichen Ziels für nachhaltige Entwicklung und der Teilziele der Agenda 2030 für nachhaltige Entwicklung zukommt,
anerkennend, dass die Arbeit von Journalisten sie selbst und ihre Angehörigen der Gefahr von Gewalt sowie der Einschüchterung und Belästigung aussetzen kann, etwa auch durch digitale Technologien, wodurch Journalisten von der Fortführung ihrer Arbeit abgeschreckt werden oder sich zur Selbstzensur veranlasst sehen können,
mit Sorge feststellend, dass die Verhängung unangemessener restriktiver Maßnahmen gegen Jour- nalisten deren Sicherheit gefährden kann und sie daran hindert, die Öffentlichkeit zu informieren, wodurch die Ausübung des Rechts auf freie Meinungsäußerung beeinträchtigt wird,
bekräftigend, dass die Medien in ihrem Gebiet uneingeschränkten Zugang zu ausländischen Nach- richten- und Informationsdiensten haben sollten, dass die Öffentlichkeit ihrerseits gleicherma- ßen die Freiheit genießt, Informationen und Gedankengut ohne Eingriff öffentlicher Behörden und ohne Rücksicht auf Staatsgrenzen zu empfangen und weiterzugeben, unter anderem durch ausländische Veröffentlichungen und ausländische Sendungen, und dass jede Beschränkung der Ausübung dieses Rechts durch das Gesetz und in Übereinstimmung mit internationalen Normen festgelegt wird, (…),
besorgt, dass Verletzungen des Rechts und Verstöße dagegen, keinen willkürlichen oder rechts- widrigen Eingriffen in ihr Privatleben ausgesetzt zu werden, die Sicherheit von Journalisten beein- trächtigen können,
zutiefst besorgt über alle Verletzungen der Menschenrechte und Verstöße gegen die Sicherheit von Journalisten, einschließlich Tötung, Folter, Verschwindenlassens, willkürlicher Festnahme, will- kürlicher Haft und willkürlicher Ausweisung, Einschüchterung, Schikanen und Bedrohungen aller Art, ob physischer, rechtlicher, politischer, technologischer oder wirtschaftlicher Natur, zu dem Zweck, ihre Arbeit zu unterdrücken,
besorgt über die besonderen Risiken, denen Journalistinnen in ihrer Arbeit, auch durch digitale Technologien, ausgesetzt sind, und die Wichtigkeit unterstreichend, ihre größtmögliche Sicher- heit zu gewährleisten und sicherzustellen, dass auf die Erfahrungen und Besorgnisse von Journa- listinnen in wirksamer Weise eingegangen wird,
in Anerkennung der unverzichtbaren Rolle der Journalisten für die Berichterstattung über Wahlen, vor allem für die Information der Öffentlichkeit über die Kandidaten, deren Programme und die
436 Mailand 2018
aktuellen Debatten, und in ernsthafter Sorge über die Bedrohungen und gewalttätigen Angriffe, denen Journalisten in diesem Zusammenhang ausgesetzt sein können,
in Anerkennung der Bedeutung des investigativen Journalismus und der Tatsache, dass die Medien die Fähigkeit besitzen, Recherchen oder Nachforschungen anzustellen und deren Ergebnisse zu veröffentlichen, unter anderem auch im Internet, ohne Repressalien befürchten zu müssen, und dass dies eine wichtige Rolle in unseren Gesellschaften spielen kann, etwa um öffentliche Institu- tionen und Amtsträger zur Verantwortung zu ziehen,
beunruhigt darüber, dass immer häufiger durch gezielte Kampagnen versucht wird, die Arbeit von Journalisten zu untergraben, wodurch das Vertrauen der Öffentlichkeit in die Glaubwürdig- keit des Journalismus geschwächt wird, und in der Erkenntnis, dass sich dadurch das Risiko von Drohungen und Gewalt gegen Journalisten erhöhen kann,
ferner über Fälle beunruhigt, in denen politische Führungspersönlichkeiten, öffentliche Amtsträ- ger und/oder Behörden Journalisten einschüchtern oder bedrohen und Gewalt gegen Journalisten dulden oder nicht verurteilen,
mit dem Ausdruck tiefer Sorge angesichts der zunehmenden Bedrohung der Sicherheit von Jour- nalisten, unter anderem durch terroristische Gruppen und kriminelle Organisationen,
ferner unter Betonung der besonderen Risiken für die Sicherheit von Journalisten im digitalen Zeitalter, einschließlich der besonderen Gefahr für Journalisten, zur Zielscheibe von Hacking oder rechtswidriger oder willkürlicher Überwachung oder des Abhörens von Kommunikationen zu werden, wodurch die Ausübung ihres Rechts auf freie Meinungsäußerung und ihres Rechts auf Schutz vor willkürlichen oder rechtswidrigen Eingriffen in ihr Privatleben beeinträchtigt wird,
erneut erklärend, dass die Teilnehmerstaaten sämtliche Angriffe auf Journalisten und Schikanen gegen diese verurteilen und bemüht sein werden, diejenigen zur Rechenschaft zu ziehen, die für solche Angriffe und Schikanen direkt verantwortlich sind, (…), sowie in Anerkennung, dass die Rechenschaftspflicht für Straftaten gegen Journalisten ein Schlüsselelement zur Verhütung zukünf- tiger Angriffe darstellt, (…)
mit Sorge vom Klima der Straflosigkeit Kenntnis nehmend, das entsteht, wenn gewalttätige Angriffe auf Journalisten ungestraft bleiben, und in Anerkennung der Rolle der Regierungen, der Gesetz- geber und der Justiz für die Ermöglichung eines sicheren Arbeitsumfelds und die Gewährleistung der Sicherheit von Journalisten, indem sie unter anderem alle diejenigen öffentlich verurteilen und vor Gericht stellen, die für gegen Journalisten gerichtete Straftaten verantwortlich sind, (…)
unter Hinweis auf die Resolutionen (…),des Sicherheitsrats der Vereinten Nationen, in denen alle Rechtsverletzungen und Verstöße gegen Journalisten, Medienangehörige und zugehöriges Perso- nal in Situationen bewaffneten Konflikts verurteilt werden und festgestellt wird, dass Journalisten, Medienangehörige und zugehöriges Personal, die in Gebieten eines bewaffneten Konflikts gefährli- che berufliche Aufträge ausführen, als Zivilpersonen gelten und als solche zu schützen sind, sofern sie nichts unternehmen, was ihren Status als Zivilpersonen beeinträchtigt,
437 Mailand 2018
ruft die Teilnehmerstaaten dazu auf:
1. alle OSZE-Verpflichtungen und ihre internationalen Verpflichtungen betreffend die freie Mei- nungsäußerung und Medienfreiheit vollständig zu erfüllen, indem sie unter anderem die Freiheit, Informationen ohne Rücksicht auf Grenzen sich zu beschaffen, zu empfangen und weiterzugeben, achten, fördern und schützen;
2. ihre Gesetze, politischen Konzepte und Praktiken betreffend die Medienfreiheit in vollkommenen Einklang mit ihren internationalen und OSZE-Verpflichtungen zu bringen und sie zu überprüfen und nötigenfalls aufzuheben oder dahingehend abzuändern, dass sie die Fähigkeit von Journalisten, ihrer Arbeit unabhängig und ohne unzulässige Einflussnahme nachzugehen, nicht beschränken;
3. jeden Angriff und jede Gewalt gegen Journalisten öffentlich und unmissverständlich zu verur- teilen, sei es in Form von Tötung, Folter, Verschwindenlassen, willkürlicher Festnahme, willkür- licher Haft und willkürlicher Ausweisung, Einschüchterung, Schikanen und Bedrohungen aller Art, ob physischer, rechtlicher, politischer, technologischer oder wirtschaftlicher Natur, zu dem Zweck, ihre Arbeit zu unterbinden und/oder in ungebührlicher Weise die Schließung ihrer Büros, auch in Konfliktsituationen, zu erzwingen;
4. ferner Angriffe auf Journalistinnen im Zusammenhang mit ihrer Arbeit, wie sexuelle Belästi- gung, Missbrauch, Einschüchterung, Bedrohung und Gewalt, etwa auch durch digitale Technolo- gien, öffentlich und unmissverständlich zu verurteilen;
5. die sofortige und bedingungslose Freilassung sämtlicher Journalisten, die willkürlich festge- nommen oder in Haft gehalten, als Geisel genommen oder Opfer von Verschwindenlassen wur- den, nachdrücklich zu fordern;
6. wirksame Maßnahmen zu ergreifen, um die Straflosigkeit bei Straftaten gegen Journalisten zu beenden, indem sie für Rechenschaftspflicht als Schlüsselelement zur Verhinderung weiterer Angriffe sorgen, indem sie unter anderem sicherstellen, dass die Strafverfolgungsbehörden bei Gewalttaten und Drohungen gegen Journalisten schnell, wirksam und unparteiisch ermitteln, um alle Verantwortlichen vor Gericht zu bringen und sicherzustellen, dass die Opfer Zugang zu geeigneten Rechtsbehelfen haben;
7. politische Führungspersönlichkeiten, öffentliche Amtsträger und/oder Behörden eindringlich aufzufordern, die Einschüchterung, Bedrohung oder Nachsicht gegenüber Gewalt gegen Journa- listen zu unterlassen, und sie vorbehaltlos zu verurteilen, um die Risiken oder Drohungen, mit denen Journalisten konfrontiert sein können, zu verringern und zu verhindern, dass das Vertrauen in die Glaubwürdigkeit von Journalisten und die Achtung für die Bedeutung von unabhängigem Journalismus untergraben werden;
8. auf willkürliche oder rechtswidrige Eingriffe in die Nutzung von Verschlüsselungs- und Ano- nymitätstechnologien von Journalisten zu verzichten und den Einsatz rechtswidriger oder will- kürlicher Überwachungstechniken zu unterlassen, und festzustellen, dass derartige Handlungen Journalisten an der Ausübung ihrer Menschenrechte behindern und sie potenziell dem Risiko von Gewalt und der Bedrohung ihrer Sicherheit aussetzen könnten;
9. den staatlichen Stellen und Strafverfolgungsbehörden nahezulegen, Aufklärungs- und Schu- lungsaktivitäten über die Notwendigkeit durchzuführen, die Sicherheit von Journalisten zu gewähr- leisten und gegebenenfalls die Einbindung der Zivilgesellschaft in diese Aktivitäten zu fördern;
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10. wo möglich, die Sammlung, Auswertung und Meldung nationaler Daten über Angriffe und Gewalt gegen Journalisten einzuführen oder auszubauen;
11. dafür zu sorgen, dass Gesetze über Verleumdung keine unverhältnismäßigen Sanktionen oder Strafen vorsehen, die die Sicherheit von Journalisten gefährden könnten und/oder einer Zensur von Journalisten gleichkämen und ihnen die Erfüllung ihres öffentlichen Informationsauftrags erschweren, und nötigenfalls solche Gesetze im Sinne der Verpflichtungen der Teilnehmerstaaten aus den internationalen Menschenrechtsnormen zu überarbeiten oder aufzuheben;
12. den anwendbaren gesetzlichen Rahmen für den Schutz von Journalisten und alle einschlägi- gen OSZE-Verpflichtungen wirksamer umzusetzen;
13. uneingeschränkt mit dem OSZE-Beauftragten für Medienfreiheit zusammenzuarbeiten, ein- schließlich in der Frage der Sicherheit von Journalisten;
14. ermutigt den OSZE-Beauftragten für Medienfreiheit, seinem Mandat gemäß weiter für die Sicherheit von Journalisten in allen OSZE-Teilnehmerstaaten einzutreten und diese zu fördern.
Beschluss Nr. 4/18
Verhütung und Bekämpfung von Gewalt gegen Frauen
Der Ministerrat,
bekräftigend, dass die Förderung und der Schutz gleicher Rechte und Chancen für alle von ent- scheidender Bedeutung für die Demokratie und wirtschaftliche Entwicklung und damit für die Sicherheit, Stabilität und dauerhaften Frieden im OSZE-Raum sind,
entschlossen, dafür Sorge zu tragen, dass Frauen und Mädchen die Menschenrechte und Grund- freiheiten uneingeschränkt und gleichberechtigt genießen können, (…)
eingedenk der Bedeutung, die der Verhütung und Bekämpfung von Gewalt gegen Frauen und Mädchen für die Umsetzung der diesbezüglichen Ziele für nachhaltige Entwicklung der Agenda 2030 der Vereinten Nationen für nachhaltige Entwicklung zukommt,
in der Erkenntnis, dass eine der tieferen Ursachen für Gewalt gegen Frauen und Mädchen die Ungleichheit zwischen Frauen und Männern ist, und dass insbesondere Diskriminierung und wirtschaftliche Ungleichheiten, etwa auch die fehlende wirtschaftliche Unabhängigkeit, das Risiko von Frauen, Gewalt zu erfahren, erhöhen können,
zutiefst besorgt über das Fortbestehen aller Formen von Gewalt gegen Frauen und Mädchen als eines der massivsten Hindernisse, die Frauen vom vollen Genuss aller Menschenrechte und ihrer vollen, gleichberechtigten und wirksamen Teilhabe am politischen, wirtschaftlichen und öffent- lichen Leben abhalten,
mit der Feststellung, dass Gewalt gegen Frauen und Mädchen tödlich sein kann oder Frauen und Mädchen jeglichen Alters körperliches, sexuelles, psychologisches, wirtschaftliches, politisches und soziales Leid zufügen und direkt oder indirekt kurz- und längerfristig gesellschaftliche, poli- tische und wirtschaftliche Kosten verursachen kann,
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ferner feststellend, dass Gewalt gegen Frauen und Mädchen vielerlei Formen annehmen kann, ein- schließlich häuslicher oder sexueller Gewalt, schädlicher Praktiken, Menschenhandels, sexueller und anderer Arten von Ausbeutung und sexueller Belästigung,
in der Erkenntnis, dass Frauen und Mädchen vielen verschiedenen Arten von Diskriminierung ausgesetzt sein können, mitunter mehreren gleichzeitig, weshalb sie ein erhöhtes Risiko von Gewalt tragen, und dass die Kombination mehrerer Formen von Diskriminierung zu weiterer Diskrimi- nierungen führen kann,
ferner in Anerkennung der wichtigen Rolle, die die Streitkräfte, die Strafverfolgungsbehörden, die Justiz und andere Vertreter der Rechtsberufe bei der Befassung mit allen Formen von Gewalt gegen Frauen und Mädchen spielen,
ferner in der Erkenntnis, dass Missbrauch, Bedrohungen und Belästigung, einschließlich sexueller Belästigung, immer häufiger werden, insbesondere durch die digitale Technik, und dazu führen können, dass Frauen und Mädchen im öffentlichen Raum immer weniger gehört werden,
in dem Bewusstsein, dass Frauen, die berufsbedingt in der Öffentlichkeit stehen und/oder im Inte- resse der Allgemeinheit tätig sind, eher Gefahr laufen, im Zusammenhang mit ihrer Berufstätigkeit konkreten Formen von Gewalt oder Missbrauch, Bedrohungen und Belästigung ausgesetzt zu sein,
in der Erwägung, dass die Adoleszenz eine wichtige Phase in der sozialen Entwicklung eines Men- schen ist, und in der Erkenntnis, dass diese Phase häufig durch anhaltende Ungleichheiten, nega- tive Einstellungen, Verhaltensweisen und Geschlechter- Stereotypen geprägt ist, die Mädchen und junge Frauen einem erhöhten Risiko der Diskriminierung und Gewalt aussetzen,
in Anerkennung der Wichtigkeit, Jungen und Männer in die Bemühungen um die Beseitigung von Diskriminierung und aller Formen von Gewalt gegen Frauen und Mädchen aktiv einzubinden, unter anderem durch ein Eingehen auf die tieferen Ursachen geschlechtsspezifischer Ungleichheit und Gewalt und durch die Hebung des Bewusstseins für die Auswirkung negativer Einstellun- gen, Verhaltensweisen und von Geschlechter-Stereotypen, die der Diskriminierung und Gewalt zugrunde liegen und sie weiter fortbestehen lassen,
Kenntnis nehmend von den bewusstseinsbildenden Bemühungen des OSZE-Netzwerks MenEn- gage* in Bezug auf die wichtige Rolle, die Jungen und Männer bei der Beseitigung der Diskrimi- nierung und aller Formen von Gewalt gegen Frauen und Mädchen spielen können,
in der Erkenntnis, dass sexuelle Belästigung im öffentlichen und im privaten Raum, insbeson- dere am Arbeitsplatz und in Bildungseinrichtungen Frauen und Mädchen dabei beeinträchtigt, Menschenrechte und Chancengleichheit uneingeschränkt wahrzunehmen und damit in ihrer Fähigkeit schwächt, sich am Arbeitsplatz und in Bildungseinrichtungen zu behaupten und/oder Karriere zu machen,
in Anerkennung der Rolle der Zivilgesellschaft als einem wichtigen Partner der Regierung, auch auf lokaler Ebene, bei der Verhütung und Bekämpfung von Gewalt gegen Frauen und Mädchen,
Kenntnis nehmend von der Arbeit der Parlamentarischen Versammlung der OSZE zur Bekämp- fung von Gewalt gegen Frauen, fordert die Teilnehmerstaaten auf:
* Das OSZE-Netzwerk MenEngage gehört nicht der MenEngage Alliance an. Das OSZE-Netzwerk MenEngage ist ein geschlossenes, OSZE-internes Netzwerk.
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1. den Zugang zu Gerichten, eine wirksame Untersuchung, und die strafrechtliche Verfolgung der Täter sicherzustellen und für Opfer aller Formen von Gewalt gegen Frauen und Mädchen unter Achtung von deren Rechten und Privatsphäre einen angemessenen Schutz und Unterstützung bei der Rehabilitation und Wiedereingliederung bereitzustellen;
2. Maßnahmen in Bezug auf die Verhütung und Bekämpfung aller Formen von Gewalt gegen Frauen und Mädchen zu treffen, unter anderem durch Bewusstseinsbildung und Kapazitätsaufbau für die Streitkräfte, Strafverfolgungsbehörden, die Justiz und andere Vertreter der Rechtsberufe;
3. wo angebracht, Maßnahmen zu verabschieden, um die Erziehung zur Gleichberechtigung der Geschlechter, zu den Menschenrechten und zu gewaltfreiem Verhalten zu fördern und damit zur Verhütung jeder Form von Gewalt gegen Frauen und Mädchen beizutragen, die folgende Formen umfassen kann: schädliche Praktiken, sexuelle und häusliche Gewalt sowie sexuelle Belästigung;
4. Aufklärungskampagnen über die Gefahren einzelner Formen von Gewalt, denen Frauen und Mädchen, auch durch digitale Technologien, ausgesetzt sind, und über ihre Rechte und die für die Opfer von derartiger Gewalt verfügbare Unterstützung zu organisieren;
5. Maßnahmen gegen Gewalt, Missbrauch, Drohungen und Belästigung, auch durch digitale Tech- nologien, die gegen Frauen gerichtet sind, zu treffen;
6. in Absprache mit Unternehmen, die auf dem Gebiet der Informations- und Kommunikations- technik (IKT) tätig sind, Maßnahmen zu ergreifen, um gegen konkrete Formen von Gewalt vor- zugehen, denen Frauen und Mädchen durch digitale Technologien ausgesetzt sind;
7. alle maßgeblichen Akteure, einschließlich derjenigen, die in den politischen Prozess eingebun- den sind, dazu zu ermutigen, zur Verhütung und Bekämpfung aller Formen von Gewalt gegen Frauen beizutragen, einschließlich gegen Frauen, die berufsbedingt in der Öffentlichkeit stehen und/oder im Interesse der Allgemeinheit tätig sind, unter anderem indem sie die Frage in öffent- lichen Debatten zur Diskussion stellen und Initiativen zur Bewusstseinsbildung und andere geeig- nete Maßnahmen entwickeln, nicht zuletzt in Anbetracht der entmutigenden Auswirkung dieser Gewalt auf junge Frauen;
8. Initiativen in die einschlägigen nationalen politischen Konzepte und Strategien zu übernehmen, um die Einbindung von Jungen und Männern in die Bemühungen um die Verhütung und Bekämp- fung von Gewalt gegen Mädchen und Frauen zu fördern, auch durch die Umsetzung bewusstseins- bildender Aktivitäten, in deren Mittelpunkt die positive, gleichberechtigte und gewaltfreie Rolle steht, die Jungen und Männer diesbezüglich spielen können, und indem sie negative Einstellun- gen, Verhaltensweisen und Geschlechter-Stereo- typen aufzeigen und ansprechen, durch die diese Form von Gewalt aufrechterhalten wird;
9. Maßnahmen gegen sexuelle Belästigung im öffentlichen und im privaten Raum, darunter auch am Arbeitsplatz und in Bildungseinrichtungen, zu ergreifen und Arbeitgeber im öffentlichen und im privaten Sektor zur Anwendung dieser Maßnahmen zu ermutigen;
10. Maßnahmen zu ergreifen, um allen Mädchen gleichberechtigten Zugang zu hochwertiger Bil- dung zu ermöglichen; die wirtschaftliche Ermächtigung und Unabhängigkeit von Frauen zu stär- ken, auch durch Sicherstellung einer nichtdiskriminierenden Einstellungspolitik und -praxis, des gleichberechtigten Zugangs zu Bildung und Ausbildung, der gleichen Entlohnung für gleiche Arbeit und des gleichberechtigten Zugangs zu wirtschaftlichen Ressourcen und der gleichberech- tigten Verfügungsgewalt darüber;
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11. zur Einbindung der Zivilgesellschaft in die Verhütung und Bekämpfung von Gewalt gegen Frauen zu ermutigen;
beauftragt die zuständigen Durchführungsorgane der OSZE, im Einklang mit ihrem Mandat:
12. den Teilnehmerstaaten auf deren Ersuchen bei der Verbesserung ihrer rechtlichen und politi- schen Rahmenbedingungen und der Umsetzung von Maßnahmen zur Verhütung und Bekämp- fung aller Formen von Gewalt gegen Frauen zu helfen;
13. die Zusammenarbeit mit einschlägigen internationalen und regionalen Organisationen fortzu- setzen, um nach Geschlecht aufgeschlüsselte Daten und Statistiken über die Häufigkeit aller For- men von Gewalt gegen Mädchen und Frauen im OSZE-Raum zu erheben;
14. den Teilnehmerstaaten und zivilgesellschaftlichen Organisationen für den Austausch bewähr- ter Verfahren zur Verhütung und Bekämpfung aller Formen von Gewalt gegen Mädchen und Frauen Unterstützung zur Verfügung zu stellen, unter anderem durch die Einbindung von Jun- gen und Männern;
15. die Teilnehmerstaaten auf deren Ersuchen bei der Ausarbeitung und Überarbeitung der Rechts- vorschriften, Strategien und Maßnahmen gegen sexuelle Belästigung im privaten und im öffentli- chen Raum, auch am Arbeitsplatz und in Bildungseinrichtungen, zu unterstützen;
16. weiterhin die vollständige Umsetzung des OSZE-Verhaltenskodex für Personal- angehörige/ Missionsmitarbeiter der OSZE und der OSZE-Strategie für das berufliche Arbeitsumfeld sicherzu- stellen und die Notwendigkeit einer Stärkung und/oder einer intensiveren diesbezüglichen Schu- lung zu prüfen, und dabei auch durch Bemühungen des leitenden Managements zu unterstreichen, dass in Bezug auf sexuelle Belästigung ein Nulltoleranz-Ansatz verfolgt wird.
17. Ermutigt die Teilnehmerstaaten und die maßgeblichen Durchführungsorgane der OSZE, die Beteiligung an gemeinsamen Aktivitäten mit der Parlamentarischen Versammlung der OSZE und deren Sonderbeauftragten für Genderfragen zu prüfen.
Beschluss Nr. 5/18
Entwicklung des Humankapitals im digitalen Zeitalter
Der Ministerrat,
unter Hinweis auf die OSZE-Prinzipien und -Verpflichtungen, die die Grundlage unserer wirtschaft- lichen Zusammenarbeit bilden, und eingedenk des umfassenden Sicherheitskonzepts der OSZE, (…)
in der Erwägung, dass die Bedürfnisse des Einzelnen im Mittelpunkt von Wirtschaftswachstum und nachhaltiger Entwicklung stehen sollten, und in dem Bewusstsein, dass Investitionen in das Humankapital und die Förderung von Wissen und Können die wirtschaftliche Teilhabe, die sozi- ale Inklusion und nachhaltiges Wachstum begünstigen, die in einer Wechselbeziehung stehen und zu Wohlstand, Vertrauen, Stabilität, Sicherheit und Zusammenarbeit im OSZE-Raum beitragen,
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in Anbetracht der neuen und sich rasant entwickelnden Auswirkungen der digitalen Transforma- tion, die zu Fortschritt und Wohlstand führt, aber auch potenziell neue oder verstärkte Bedrohun- gen und Herausforderungen mit sich bringt,
in dem Bewusstsein, dass die durch die digitale Transformation entstandenen Veränderungen auf den Arbeitsmärkten geeignet sind, soziale und wirtschaftliche Unterschiede zu verstärken, und dass der Fokus verstärkt auf die Entwicklung des Humankapitals gelegt werden muss, insbeson- dere für Frauen, Jugendliche und Personen mit Behinderungen, vor allem in arbeitsintensiven Wirtschaftssektoren mit geringen Qualifikationsanforderungen,
in dem Bewusstsein, dass die Entwicklung des Humankapitals, auch im digitalen Kontext, durch ihre positiven Auswirkungen auf gut ausgebildete und qualifizierte Arbeitskräfte, auf die nach- haltige Entwicklung sowie auf die Schaffung von Arbeitsplätzen und Wohlstand einen positiven Beitrag dahingehend leisten kann, dass Volkswirtschaften und Gesellschaften weniger anfällig für Korruption werden,
entschlossen, lebenslanges Lernen sowie die Aus- und Weiterbildung das ganze Berufsleben hin- durch als unverzichtbares Instrument für die Entwicklung des Humankapitals und für die Redu- zierung der bestehenden digitalen Kluft, insbesondere für Frauen und Mädchen in den Bereichen Wissenschaft, Technologie, Ingenieurwesen und Mathematik, zu fördern,
in der Erkenntnis, dass mit den neuen Beschäftigungsformen, die durch die digitale Transforma- tion der Wirtschaft entstanden sind, Chancen und Herausforderungen verbunden sind und dass diese Veränderungen des Arbeitsmarkts einerseits das Wirtschaftswachstum und die Schaffung von Arbeitsplätzen fördern können, während einige der Herausforderungen Auswirkungen auf die Arbeitsplatz- und soziale Stabilität haben können, (…)
in Anbetracht der durch die Digitalisierung der Wirtschaft entstandenen Notwendigkeit, die Resilienz der Arbeitskräfte zu erhöhen und die durch die Arbeitsmarktpolitik vorgegebenen Rah- menbedingungen dahingehend anzupassen, dass die Schaffung von Arbeitsplätzen unter uneinge- schränkter Achtung der Menschenwürde und der Menschenrechte, nachhaltiges und integratives Wirtschaftswachstum sowie die Chancengleichheit von Frauen und Männern auf dem Arbeits- markt gefördert werden,
in der Erkenntnis, dass die Entwicklung des Humankapitals geeignet ist, einen Beitrag zur Umset- zung der Agenda 2030 der Vereinten Nationen für nachhaltige Entwicklung zu leisten,
1. legt den Teilnehmerstaaten nahe, die Entwicklung des Humankapitals zu unterstützen, um den Übergang zu zunehmend automatisierten und digitalen Volkswirtschaften zu bewältigen, unter anderem durch öffentlich-private Partnerschaften und die Zusammenarbeit zwischen mehreren Interessensträgern;
2. legt den Teilnehmerstaaten nahe, lebenslanges Lernen, beginnend mit frühkindlicher Bildung und anschließend das ganze Berufsleben hindurch, als eine der wichtigsten Säulen zur Bewälti- gung dieses Übergangs zu fördern;
3. ersucht die Teilnehmerstaaten, den Zugang zu hochwertiger Bildung, Ausbildung und Gelegen- heiten zur beruflichen Weiterbildung und Umschulung zu fördern, um die Vermittel- barkeit auf dem Arbeitsmarkt zu erhöhen – und sich für den nicht diskriminierenden Zugang für Frauen,
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Jugendliche und Personen mit Behinderungen unter besonderer Berücksichtigung der Beschäf- tigten in arbeitsintensiven Industrien einzusetzen;
4. legt den Teilnehmerstaaten nahe, in geeigneter Weise Bildung, berufliche Aus- und Weiterbil- dung zu fördern, insbesondere für Frauen und Mädchen und vor allem in den Bereichen Wissen- schaft, Technik, Technologie und Mathematik, als eine außerordentlich wichtige Maßnahme zur Verringerung der digitalen Kluft und zur Stärkung der Rolle der Frau durch die Förderung von Chancen, unter anderem auch in der Wirtschaft;
5. fordert die Teilnehmerstaaten auf, den politischen und institutionellen Rahmen mit dem Ziel zu stärken, innovative Geschäftsmodelle und ein positives Investitionsklima, die Schaffung von Arbeitsplätzen und ein nachhaltiges, inklusives Wirtschaftswachstum zu fördern;
6. ermutigt die Teilnehmerstaaten, den Privatsektor, die Zivilgesellschaft, Arbeitnehmerund Arbeit- gebervereinigungen, wissenschaftliche Kreise und andere maßgebliche Akteure in die Ermittlung des Bedarfs an Entwicklung des Humankapitals einzubinden und mit ihnen gemeinsam entspre- chende Strategien und Regelungen zu entwickeln und umzusetzen;
7. fordert die Teilnehmerstaaten auf, sich weiterhin mit den Chancen und Herausforderungen zu befassen, die mit den durch die digitale Transformation der Wirtschaft einhergehenden neuen Formen der Beschäftigung verbunden sind, auch im Hinblick auf die Gewährleistung von ange- messenem sozialem Schutz;
8. ermutigt die Teilnehmerstaaten, Maßnahmen zur Bekämpfung der Korruption in den Sektoren allgemeine und beruflich Bildung zu ergreifen und den offenen, gleichberechtigten und korrupti- onsfreien Zugang zu Bildung, digitalen Kompetenzen und Weiterbildungsmöglichkeiten zu fördern;
9. ermutigt die Teilnehmerstaaten, von der OSZE Gebrauch zu machen, um vorbildliche Verfahren auszutauschen und Initiativen zum Aufbau von Kapazitäten im Sinne dieses Beschlusses zu fördern;
10. legt den Teilnehmerstaaten nahe, bei der Entwicklung des Humankapitals enger zusammenzu- arbeiten, auch mit einschlägig tätigen internationalen Organisationen, etwa in Bereichen wie der Erleichterung und Verbreiterung des Zugangs zu Bildungs-, Forschungs- und Ausbildungsinstitu- tionen, wobei der Verbesserung der digitalen Kompetenzen besonderes Augenmerk gelten sollte;
11. beauftragt die zuständigen Durchführungsorgane der OSZE, einschließlich der Feldoperatio- nen, im Rahmen ihrer Mandate und der verfügbaren Ressourcen die Teilnehmerstaaten auf deren Ersuchen bei der Umsetzung dieses Beschlusses zu unterstützen;
12. ermutigt die Kooperationspartner der OSZE dazu, diesen Beschluss auf freiwilliger Basis umzusetzen.
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Beschluss Nr. 6/18
Verstärkung der Bemühungen zur Verhütung und Bekämpfung des Kinderhandels, auch des Handels mit unbegleiteten Minderjährigen
Der Ministerrat,
ernstlich beunruhigt über das Ausmaß des Handels mit Kindern, auch mit unbegleiteten, in allen seinen Formen, unter anderem für die Zwecke der sexuellen Ausbeutung, der Zwangsarbeit, der erzwungenen Verübung von Straftaten, der Zwangsverheiratung und der Organentnahme,
in Bekräftigung aller OSZE-Verpflichtungen im Bereich der Bekämpfung des Kinderhandels, (…) (…)
zutiefst besorgt über die zuletzt große Zahl an unbegleiteten Kindern, die durch Menschenhan- del besonders gefährdet sind,
in der Erkenntnis, dass ein opferorientierter und traumasensibler Ansatz, der die jeweiligen geschlechtsspezifischen Anliegen von Mädchen und Jungen und das Kindeswohl berücksichtigt, absolut unerlässlich ist, um Kinder wirksam davor zu schützen, zu Opfern des Menschenhandels zu werden,
in der Erkenntnis, dass die Zusammenarbeit zwischen Staaten, Ersthelfern und der Zivilgesell- schaft ebenfalls mithelfen kann, Kinder, einschließlich unbegleiteter Kinder, davor zu schützen, zu Opfern des Menschenhandels zu werden, (…)
mit dem Ausdruck der Anerkennung für diejenigen Teilnehmerstaaten, die besondere gesetzliche und andere Maßnahmen zur frühzeitigen Identifizierung, zur Aufnahme und zum Schutz von durch Menschenhandel gefährdeten Kindern, einschließlich unbegleiteter Minderjähriger, verabschieden,
in Anerkennung der Bedeutung des Beitrags der Zivilgesellschaft, einschließlich religiöser Organisa- tionen, mit dem sie unter anderem die Arbeit nationaler Behörden zur Verhütung und Bekämpfung aller Formen des Kinderhandels mittels nationaler Mechanismen zur Bekämpfung des Menschen- handels, gegebenenfalls einschließlich Nationaler Verweismechanismen, unterstützen, (…)
fordert die Teilnehmerstaaten auf:
1. wirksame Maßnahmen zu ergreifen, damit alle Kinder, die Opfer des Menschenhandels wurden, nach dem Grundsatz der Nichtdiskriminierung und entsprechend ihren individuellen Bedürfnis- sen unter Berücksichtigung des Kindeswohls behandelt werden; sie sollen Gelegenheit erhalten, gegebenenfalls gehört zu werden, und ihre Menschenrechte sollen geachtet und geschützt werden;
2. einen opferorientierten und traumasensiblen Ansatz zu verfolgen, der die jeweiligen geschlechts- spezifischen Anliegen von Mädchen und Jungen und das Kindeswohl berücksichtigt und die Menschenrechte und Grundfreiheiten der Kinder, die Opfer des Menschenhandels wurden, unein- geschränkt achtet;
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3. staatliche Dienstleister und Dienststellen, die mit Kindern zu tun haben, je nach Fall entspre- chend anzuleiten und auszubilden, damit sie Opfer des Kinderhandels richtig identifizieren, melden und altersgerecht unterstützen und schützen und dabei auf die jeweiligen geschlechtsspe- zifischen Anliegen von Mädchen und Jungen eingehen können, und das Angebot einer entspre- chenden Ausbildung für Akteure des Privatsektors, die in Kontakt mit Opfern des Kinderhandels kommen, in Erwägung zu ziehen;
4. durch entsprechende Maßnahmen dafür zu sorgen, dass Kindern bei Bedarf vorrangig ein qua- lifizierter und ausgebildeter Vormund oder gleichwertiger Betreuer und/oder Rechtsvertreter zur Seite gestellt wird, um die Interessen der Opfer des Kinderhandels, auch unbegleiteter Kinder, zu wahren, und dass deren Vormund und/oder gesetzlicher Vertreter in die Verfahren betreffend ihre Unterstützung und in die Suche nach dauerhaften und nachhaltigen Lösungen für sie ein- gebunden wird;
5. sich mit der Lage der Opfer des Kinderhandels, auch unbegleiteter Kinder, im Rahmen des Kin- derschutzes zu befassen;
6. nationale Mechanismen zur Bekämpfung des Menschenhandels, einschließlich Nationaler Ver- weismechanismen, soweit vorhanden, und gegebenenfalls Kinderschutzsysteme zu fördern, die auf die Bedürfnisse und Rechte der Opfer des Kinderhandels eingehen; eine altersgerechte opferorien- tierte und traumasensible Unterstützung vorzusehen; einen multidisziplinären Ansatz zu verfol- gen, der die Menschenrechte achtet und auf die jeweiligen geschlechtsspezifischen Anliegen von Mädchen und Jungen eingeht und gegebenenfalls im Zuge der Soforthilfe und auf der Suche nach dauerhaften und nachhaltigen Lösungen die Beiträge und Empfehlungen von Überlebenden des Menschenhandels berücksichtigt; und für Kinder geeignete Weiterleitungskanäle einzurichten;
7. dafür zu sorgen, dass bei jeder Feststellung der Bedürfnisse eines Opfers des Kinderhandels nach Maßgabe der Möglichkeit seine Interessen und Ansichten sowie sein Bedarf an Betreuung, Schutz und Sicherheit berücksichtigt werden;
8. bei der Identifizierung eines Kindes als Opfer von Menschenhandel oder bei Vorliegen triftiger Gründe, die vermuten lassen, dass ein Kind Opfer von Menschenhandel geworden sein könnte, entsprechende Maßnahmen zu ergreifen, um das Kind zu schützen, vor allem durch die Verhütung von sexuellem und anderem Missbrauch, indem verhindert wird, dass ein Kind erneut zum Opfer wird, in Übereinstimmung mit nationalem Recht Straffreiheit für Opfer für ihre Beteiligung an Straftaten vorzusehen, soweit sie dazu gezwungen wurden, sowie gegebenenfalls durch die Bereit- stellung von geeigneten Rehabilitations-, Wiedereingliederungs- und Repatriierungsprogrammen;
9. die Strafverfolgungs- oder andere zuständige Behörden gegebenenfalls zur Zusammenarbeit aufzufordern, indem sie im Einklang mit ihren jeweiligen innerstaatlichen Rechtsvorschriften, einschließlich jener über den Schutz personenbezogener Daten, Informationen über Opfer des Kin- derhandels und über durch Menschenhandel gefährdete Kinder sammeln und austauschen, um sie besser zu schützen und sich wirksamer mit der Frage abgängiger Kinder auseinanderzusetzen;
10. die nationale, regionale und internationale Zusammenarbeit zur Verhütung und Bekämpfung des Kinderhandels, insbesondere in Bezug auf Berichterstattung und Informationsaustausch über Kinder, die Opfer des Menschenhandels wurden, auch unbegleiteter Kinder, im Einklang mit ihren jeweiligen innerstaatlichen Rechtsvorschriften, einschließlich jener über den Schutz personenbe- zogener Daten, zu verstärken;
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11. die Bestellung einer nationalen Kontaktstelle in Erwägung zu ziehen, an die Beamte aus ande- ren Ländern Anfragen betreffend Kinder, die Opfer des Menschenhandels wurden, einschließlich abgängiger Kinder und/oder Kinder, die sie in ihr jeweiliges Herkunftsland zurückzuschicken beabsichtigen, richten können;
12. Bemühungen zur Verhütung des Kinderhandels zu fördern, der Kultur der Straflosigkeit ent- gegenzuwirken und sich mit der Nachfrage, die alle Formen der Ausbeutung begünstigt, zu befas- sen und diese zu verringern;
13. die zuständigen Durchführungsorgane der OSZE zu beauftragen, im Rahmen ihrer Mandate und der verfügbaren Ressourcen sowie in Abstimmung mit der OSZE-Beauftragten und Koor- dinatorin für die Bekämpfung des Menschenhandels die Teilnehmerstaaten auf deren Ersuchen auch weiterhin bei der Befassung mit allen Formen von Kinderhandel zu unterstützen, indem sie unter anderem die vorhandene Wissensbasis erweitern und gleichzeitig Doppelarbeit und Dop- pelfinanzierung von Programmen vermeiden.
447 Dokument des siebenundzwanzigsten Treffens des Ministerrats Tirana 2020
I. Erklärungen des Ministerrats
Erklärung zur Stärkung der Zusammenarbeit bei der Bekämpfung grenzüberschreitender organisierter Kriminalität (…)
3. Wir bekräftigen unsere tiefe Besorgnis über die negativen Auswirkungen der grenzüberschrei- tenden organisierten Kriminalität auf Stabilität und Sicherheit, darunter die Ausbeutung der glo- balisierten Wirtschaft und offenen Gesellschaft, die Aushöhlung der demokratischen Werte und der Regierungsführung und die Bedrohung der Sicherheit unserer Bürger, direkt oder indirekt, sowie der Menschenrechte und Grundfreiheiten.
4. Wir bekräftigen die vorrangige Rolle der Teilnehmerstaaten bei der Bekämpfung der grenzüber- schreitenden organisierten Kriminalität, unterstreichen, dass sie am besten durch die Achtung der Menschenrechte und Grundfreiheiten und die Wahrung der Rechtsstaatlichkeit bekämpft werden kann, und weisen nachdrücklich auf die Schlüsselrolle hin, die eine effektive, vertrauenswürdige, professionelle, unabhängige und rechenschaftspflichtige Strafrechtspflege für die Wahrung der öffentlichen Sicherheit spielt.
5. Wir anerkennen die zentrale Rolle der Vereinten Nationen bei der Bekämpfung der grenzüber- schreitenden organisierten Kriminalität sowie die Bedeutung der Arbeit, die von einschlägigen internationalen Organisationen geleistet wird. Wir bekräftigen, dass das umfassende Sicherheits- konzept der OSZE die weltweiten Bemühungen zur Abwehr der komplexen Bedrohung der grenz- überschreitenden organisierten Kriminalität ergänzt.
6. Wir betonen, dass die Bekämpfung der grenzüberschreitenden organisierten Kriminalität und ihrer Ursachen wirksame und demokratische, den Bürgern gegenüber rechenschaftspflichtige Institutionen, eine auf Rechtsstaatlichkeit beruhende Strafrechtspflege sowie eine ganzheitliche, umfassende und kohärente Herangehensweise erfordert, um Gelegenheiten für organisierte krimi- nelle Gruppen zu verhindern und zu reduzieren, in unseren Gesellschaften, rechtmäßigen Wirt- schaftssystemen und Institutionen zu agieren, deren Strukturen zu unterwandern oder von den Erträgen ihrer Straftaten zu profitieren.
7. Wir erinnern an die einschlägigen internationalen Instrumente und Mechanismen, die den Teil- nehmerstaaten zur Verfügung stehen, um Evaluierungen ihrer eigenen Strafrechtspflege vorzu- nehmen und diese, wo nötig, zu verbessern.
8. Wir sind uns der Tatsache bewusst, dass grenzüberschreitende organisierte Kriminalität unter- schiedliche Auswirkungen auf die verschiedenen Gruppen in der Gesellschaft haben kann. Wir
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ermutigen zur Zusammenarbeit zwischen allen maßgeblichen Akteuren, einschließlich der Zivil- gesellschaft, um beim Aufbau resilienter Gemeinschaften zu helfen und umfassende Antwor- ten auf und vorbeugende Maßnahmen gegen die grenzüberschreitende organisierte Kriminalität zu entwickeln, die die Bedürfnisse, Anliegen und Interessen aller Gruppen in der Gesellschaft berücksichtigen, die Opfer von Verbrechen schützen und ihnen Zugang zu geeigneten Rechtsbe- helfen verschaffen und dabei die uneingeschränkte, gleichberechtigte und bedeutsame Teilhabe von Frauen an den Bemühungen zur Bekämpfung der grenzüberschreitenden organisierten Kri- minalität fördern.
9. Wir unterstreichen, wie wichtig es ist, die nationale und internationale Zusammenarbeit bei der Bekämpfung der grenzüberschreitenden organisierten Kriminalität zu stärken, gegebenenfalls auch im direkten Kontakt und Dialog zwischen den zuständigen Behörden und durch den Austausch von Informationen und vorbildlichen Verfahren sowie durch die Nutzung der von der OSZE, UNODC und anderen einschlägigen internationalen Organisationen bereitgestellten Instrumenten.
10. Wir verpflichten uns erneut, die Bekämpfung der grenzüberschreitenden organisierten Kri- minalität weiterhin zu den Prioritäten der OSZE zu zählen und die Umsetzung der entsprechen- den internationalen Verpflichtungen und bestehenden OSZE-Verpflichtungen zu erleichtern. Wir bestätigen den Auftrag an die entsprechenden Durchführungsorgane der OSZE, die Teilnehmer- staaten über die Aktivitäten der OSZE in Verbindung mit der Umsetzung der bestehenden OSZE- Verpflichtungen betreffend den Umgang mit der grenzüberschreitenden organisierten Kriminalität regelmäßig zu unterrichten, und ermutigen zur Fortsetzung der Erörterungen zu diesem Thema unter den Teilnehmerstaaten.
11. Wir laden die OSZE-Kooperationspartner ein, sich dieser Erklärung anzuschließen.
II. Beschlüsse des Ministerrats
Beschluss Nr. 6/20
Verhütung und Bekämpfung der Korruption durch Digitalisierung und erhöhte Transparenz
Der Ministerrat,
unter Hinweis auf die Bedeutung der Förderung guter Regierungsführung, unter anderem durch erhöhte Transparenz, und der Verhütung und Bekämpfung der Korruption für die Stärkung von Sicherheit, Stabilität und Wirtschaftswachstum und unter Bekräftigung der einschlägigen OSZE- Verpflichtungen, (…), (…)
im Bewusstsein der Risiken, die die Korruption für Sicherheit, Stabilität, Demokratie, wirkungs- volle Regierungsführung sowie wirtschaftliche und soziale Entwicklung mit sich bringt, und der Notwendigkeit der umfassenden Verhütung und Bekämpfung der Korruption auf internationa- ler und nationaler Ebene, unter anderem durch die Befassung mit den Verbindungen zwischen Korruption und Geldwäsche und durch die wirksame Umsetzung von Maßnahmen zur Wieder- erlangung von Vermögenswerten sowie eine verbesserte diesbezügliche internationale und regi- onale Zusammenarbeit,
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in der Erkenntnis, dass es einer Verstärkung der Bemühungen um die wirksame Verhütung und Bekämpfung der Korruption, unter anderem durch Digitalisierung, unter Wahrung der Rechts- staatlichkeit und bei gleichzeitigem Schutz der Menschenrechte bedarf,
in Anerkennung der Rolle der OSZE bei der Unterstützung der Bemühungen der Teilnehmerstaa- ten um die Verhütung und Bekämpfung der Korruption,
in der Erkenntnis, dass ein öffentlicher Sektor, der auf Integrität, Offenheit, Transparenz, Rechen- schaftspflicht, Reaktionsfähigkeit und Rechtsstaatlichkeit aufbaut, für die Verhütung und Bekämp- fung der Korruption sowie für die Erzielung eines nachhaltigen Wirtschaftswachstums und einer nachhaltigen Entwicklung, die Verbesserung des Geschäfts- und Investitionsklimas und die Erleich- terung der Bemühungen der Teilnehmerstaaten um die Förderung der gesellschaftlichen Integration und der Chancengleichheit, auch für Frauen und Jugendliche, von entscheidender Bedeutung ist,
in Anerkennung der Bedeutung der Mitwirkung des Privatsektors, der Zivilgesellschaft und der Medien sowie der Wissenschaft an den Bemühungen um die Verhütung und Bekämpfung der Korruption und die Stärkung von guter Regierungsführung einschließlich der Verwirklichung der Prinzipien der Transparenz und der Rechenschaftspflicht,
in der Erkenntnis, dass zugängliche, sichere und zuverlässige benutzerorientierte E-Government- Dienste bei der Erhöhung der Effizienz und Transparenz der öffentlichen Verwaltung und der För- derung des Vertrauens in diese eine Schlüsselrolle spielen können,
in Anerkennung der Bedeutung offener staatlicher Daten als Instrument, das bei der Verhütung und Bekämpfung der Korruption durch Erhöhung der Rechenschaftspflicht und Transparenz helfen kann, indem den Bürgern im Einklang mit dem innerstaatlichen Recht ein besserer Ein- blick in die Verwendung öffentlicher Mittel und in den Politikgestaltungsprozess ermöglicht wird,
in Anerkennung der Bedeutung der Entwicklung und Nutzung von Methoden und objektiven Kennzahlen sowie aufgeschlüsselten Daten zur Messung der Korruption und der konkreten Wir- kung von Korruptionsbekämpfungsmaßnahmen im Einklang mit dem innerstaatlichen Recht und zur Einführung besserer evidenzbasierter Korruptionsbekämpfungsstrategien,
im Bewusstsein des Beitrags der Parlamentarischen Versammlung zur Förderung des Dialogs unter den OSZE-Parlamentariern mit dem Ziel, die für die Verhütung und Bekämpfung der Korruption unerlässlichen Rechtsvorschriften zu verstärken, (…)
1. fordert die Teilnehmerstaaten auf, die Korruption durch folgende Maßnahmen zu verhüten und zu bekämpfen: (a) Stärkung der guten Regierungsführung, einschließlich der Prinzipien der Transparenz und der Rechenschaftspflicht, und Förderung von Integrität und Aufsicht; (b) Einsatz digitaler Instrumente zur Stärkung der Integrität und Rechenschaftspflicht öffentlicher Dienstleister mit dem Ziel, zur Verhütung und Bekämpfung der Korruption beizutragen sowie ein nachhaltiges Wirtschaftswachstum und eine nachhaltige Entwicklung zu erzielen, das Geschäfts- und Investitionsklima zu verbessern und die Bemühungen der Teilnehmerstaaten zu erleichtern, zur gesellschaftlichen Inklusion und zur gleichberechtigten wirtschaftlichen Teilhabe von Frauen sowie von Jugendlichen beizutragen; (c) Stärkung der Transparenz in der öffentlichen Verwaltung durch Digitalisierung papierge- stützter und anderer analoger Systeme, insbesondere im öffentlichen Beschaffungswesen sowie
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gegebenenfalls in bestehenden Systemen zur Erklärung von Einkünften und Vermögenswerten von Amtsträgern und politisch exponierten Personen, soweit nach innerstaatlichem Recht zuläs- sig, mit der gebotenen Achtung vor klassifizierten und personenbezogenen Daten; (d) Förderung der Nutzung digitaler Instrumente zur Früherkennung und Verhütung von Korrup- tion durch Stärkung sicherer elektronischer Identifizierungsverfahren auf nationaler und interna- tionaler Ebene im Einklang mit dem geltenden innerstaatlichen Recht; (e) gegebenenfalls Einführung digitaler Instrumente zum Abbau administrativer Hemmnisse und Belastungen und Erleichterung der Interaktion zwischen Bürgern, Betrieben, Unternehmen und der öffentlichen Verwaltung; (f) Förderung transparenterer, stärker rechenschaftspflichtiger, zuverlässigerer und besser zugäng- licher E-Government-Portale mit dem Ziel, den freien Zugang zu Informationen und die wirk- same Bereitstellung öffentlicher Dienstleistungen zu erleichtern; (g) Förderung und Nutzung digitaler Technologien zur Verstärkung und Ausweitung der Schu- lungsaktivitäten auf dem Gebiet der Korruptionsbekämpfung, gegebenenfalls in Zusammenarbeit mit einschlägigen internationalen Organisationen; (h) Ermutigung zur Schaffung und Verbesserung von Mechanismen, die auf die Sicherstellung der Transparenz von Informationen zum wirtschaftlichen Eigentum im Einklang mit dem inner- staatlichen Recht abzielen; (i) Unterstützung der Aufklärung der Jugend über die Bedeutung guter Regierungsführung, ein- schließlich Transparenz, und der Verhütung und Bekämpfung der Korruption im Rahmen der innerstaatlichen Bildungssysteme sowie Förderung digitaler Fertigkeiten und Stärkung bewusst- seinsbildender Maßnahmen einschließlich der Förderung gemeinsamer Maßnahmen und der Zusammenarbeit des öffentlichen und des privaten Sektors sowie der Zivilgesellschaft; (j) Reduzierung der bestehenden digitalen Kluft durch Förderung und Unterstützung der digita- len Kompetenz und Verbesserung der Zugänglichkeit der Online-Ressourcen und -Anwendun- gen der öffentlichen Verwaltung; (k) Ergreifung von Maßnahmen, die dazu geeignet sind, im Einklang mit dem innerstaatlichen Recht die Verfügbarkeit leicht zugänglicher und sicherer Berichtswege für Whistleblower sicherzu- stellen, rechtliche Mechanismen für den wirksamen Schutz von Whistleblowern vor Vergeltungs- maßnahmen zu schaffen und umzusetzen sowie die jeweiligen Organisationen zur Festlegung und Umsetzung der nötigen Schutzmaßnahmen zu ermutigen; (l) Einführung eines ganzheitlichen Multi-Stakeholder-Ansatzes im Einklang mit dem innerstaat- lichen Recht zur Erhöhung der Wirksamkeit und Verbesserung der Abstimmung der Maßnahmen und Initiativen zur Korruptionsbekämpfung einschließlich der Förderung der Wahrnehmung ihrer sozialen Verantwortung durch Unternehmen; (m) Förderung der vollständigen, gleichberechtigten und bedeutsamen Beteiligung von Frauen an der Entwicklung und Umsetzung einschlägiger Korruptionsbekämpfungsaktivitäten mit dem Ziel der Gleichstellung der Geschlechter und unter Berücksichtigung der Tatsache, dass Frauen und gefährdete Personen unverhältnismäßig stark von den Auswirkungen der Korruption betroffen sind; (n) Stärkung der wechselseitigen Kontakte und der internationalen Zusammenarbeit zwischen den maßgeblichen Behörden und Interessenträgern auf dem Gebiet der Korruptionsbekämpfung mit dem Ziel einer Förderung des Austauschs von Informationen, Erfahrungen, nachahmenswerten Verfahren und gewonnenen Erkenntnissen;
2. ermutigt diejenigen OSZE-Teilnehmerstaaten, die dies noch nicht getan haben, Vertragsstaaten des Übereinkommens der Vereinten Nationen gegen Korruption (UNCAC) zu werden und die- ses wirksam umzusetzen;
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3. ermutigt die Teilnehmerstaaten zur bestmöglichen Nutzung der OSZE als Plattform für Dia- log, Zusammenarbeit, Informationsaustausch und Weitergabe nachahmenswerter Verfahren auf dem Gebiet der Verhütung und Bekämpfung der Korruption durch Digitalisierung und erhöhte Transparenz;
4. beauftragt die zuständigen Durchführungsorgane der OSZE, einschließlich der Feldoperatio- nen, im Rahmen ihrer Mandate und der verfügbaren Ressourcen die Teilnehmerstaaten auf deren Ersuchen bei der Umsetzung dieses Beschlusses zu unterstützen, dies auch in Zusammenarbeit mit einschlägigen regionalen und internationalen Organisationen;
5. ermutigt die Kooperationspartner der OSZE dazu, diesen Beschluss auf freiwilliger Basis umzu- setzen.
Beschluss Nr. 7/20
Verhütung und Beseitigung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe
Der Ministerrat,
unter nachdrücklicher Verurteilung aller Formen von Folter und anderer grausamer, unmensch- licher oder erniedrigender Behandlung oder Strafe als einer der eklatantesten Verletzungen der Menschenrechte und der Menschenwürde und bekräftigend, dass Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe zu gleich welcher Zeit und an gleich welchem Ort verboten sind und bleiben,
bekräftigend, dass die Freiheit von Folter und anderer grausamer, unmenschlicher oder erniedri- gender Behandlung oder Strafe ein Recht nach dem Völkerrecht ist, das nicht außer Kraft gesetzt werden darf, und dass keine wie auch immer gearteten außergewöhnlichen Umstände, ob Krieg oder Kriegsgefahr, innere politische Instabilität oder sonstige öffentliche Notstandssituationen, als Rechtfertigung für Folter geltend gemacht werden können,
betonend, dass das Verbot von Folter eine zwingende Norm des Völkerrechts ohne territoriale Beschränkung ist, die zu allen Zeiten und an allen Orten gilt,
zutiefst besorgt über das Fortbestehen von Fällen von Folter und anderer grausamer, unmensch- licher oder erniedrigender Behandlung oder Strafe in vielen Teilen der Welt, darunter der OSZE- Raum, die unter anderem wegen der unvollständigen Umsetzung der einschlägigen Verpflichtungen nach dem Völkerrecht und den OSZE-Verpflichtungen und der anhaltenden Straflosigkeit für die Täter bestehen, die häufig auf eine fehlende rasche, unabhängige und wirksame Untersuchung und Verfolgung solcher Verbrechen zurückzuführen ist,
zutiefst besorgt über Folterhandlungen und andere grausame, unmenschliche oder erniedrigende Behandlungen oder Strafen, die an Personen wegen der Ausübung ihrer Menschenrechte und Grundfreiheiten verübt werden,
zutiefst besorgt, dass Folter und andere grausame, unmenschliche oder erniedrigende Behandlun- gen oder Strafen genutzt werden, um eine Aussage oder ein Geständnis zu erlangen, (…)
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zutiefst besorgt, dass das Verschwindenlassen im OSZE-Gebiet nach wie vor vorkommt, das eine schwerwiegende Verletzung der Menschenrechte darstellt, (…),
in der Erkenntnis, dass in Konfliktsituationen, darunter bewaffnete Konflikte, sowie bei Unru- hen und Massenprotesten der Verhütung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe besondere Aufmerksamkeit gewidmet werden sollte,
bekräftigend, dass alle Teilnehmerstaaten ihre Verpflichtungen nach dem humanitären Völker- recht und den internationalen Menschenrechtsnormen vollständig einhalten müssen,
betonend, dass nach den Genfer Konventionen von 1949 Folterungen und grausame Behand- lungen schwerwiegende Verstöße gegen das humanitäre Völkerrecht sind und in dieser Hinsicht Kriegsverbrechen darstellen, dass Folterhandlungen Verbrechen gegen die Menschlichkeit dar- stellen können und dass die Verursacher jedweder Folterhandlungen verfolgt und gemäß einem Gerichtsurteil bestraft werden müssen,
allen Teilnehmerstaaten in Erinnerung rufend, dass lange Isolationshaft oder Haft an geheimen Orten den Einsatz von Folter und anderen grausamen, unmenschlichen oder erniedrigenden Behandlungen oder Strafen erleichtern und an sich schon eine derartige Behandlung darstellen kann,
in der Erkenntnis, dass Korruption, insbesondere auch in der Strafverfolgung und der Justiz, sich nachteilig auf den Kampf gegen Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe auswirken kann, unter anderem indem grundlegende Garantien ausgehöhlt und Opfer von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe daran gehindert werden, im Wege der Justiz wirksam Gerechtigkeit, Wiedergutma- chung und Entschädigung zu erlangen,
unter Betonung der Bedeutung von wirksamen Rechts- und Verfahrensgarantien in allen Phasen der Haft, darunter in frühen Phasen des Polizeigewahrsams, als wirksame Maßnahmen zur Verhütung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe,
anerkennend, dass Frauen und Mädchen, denen die Freiheit entzogen ist, einem besonderen Risiko der Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe ausgesetzt sind, und in Anerkennung der Wichtigkeit der Verfolgung eines gendersensiblen Ansat- zes bei der Bekämpfung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe, der dieses besondere Risiko und die spezifischen Bedürfnisse von Frauen und Mädchen berücksichtigt, indem insbesondere auf sexuelle Gewalt gegen Frauen und Mädchen sowie geschlechtsspezifische Gewalt gegen Frauen und Mädchen besonderes Augenmerk gerich- tet wird, und unter Berücksichtigung der Grundsätze der Vereinten Nationen für die Behandlung weiblicher Gefangener und für nicht freiheitsentziehende Maßnahmen für weibliche Straffällige (Bangkok-Regeln),
in Erkenntnis der Wichtigkeit, bei der Bekämpfung von Folter und anderer grausamer, unmensch- licher oder erniedrigender Behandlung oder Strafe einen opferorientierten Ansatz zu verfolgen und bei der Politikentwicklung und anderen Tätigkeiten im Zusammenhang mit der Rehabilita- tion der Opfer, der Prävention von Folter und anderer grausamer, unmenschlicher oder ernied- rigender Behandlung oder Strafe und der Rechenschaft der Verantwortlichen die Auffassungen und spezifischen Bedürfnisse der Opfer und ihrer unmittelbaren Familienangehörigen besonders zu berücksichtigen,
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in der Erkenntnis, dass die wirksame Bekämpfung von Folter und anderer grausamer, unmensch- licher oder erniedrigender Behandlung oder Strafe einen integrierten und opferorientierten Ansatz erfordert, der Prävention umfasst, den Zugang zur Justiz, Rechenschaftspflicht, Wiedergutma- chung und das einklagbare Recht auf gerechte und angemessene Entschädigung, wozu auch die Mittel zu einer möglichst vollständigen Rehabilitierung gehören,
in der Erkenntnis, dass die Teilnehmerstaaten im Einklang mit ihren internationalen Verpflich- tungen die Rechte und Menschenrechte aller Personen wahren beziehungsweise schützen müssen, denen die Freiheit entzogen ist, darunter diejenigen, denen die Todesstrafe droht,
bekräftigend, dass alle Personen, denen die Freiheit entzogen ist, menschlich und unter Achtung vor der dem Menschen innewohnenden Würde behandelt werden, und in Anerkennung der Wich- tigkeit der laufenden Ergreifung geeigneter Maßnahmen zur Verbesserung der Haftbedingungen durch die Teilnehmerstaaten, um die Menschenrechte und die Würde dieser Personen besser zu achten, (…),
unter Betonung der UNCAT-Vorschriften, dass alle Folterhandlungen, Folterversuche und Hand- lungen, die eine Mittäterschaft oder Beteiligung an einer Folterung darstellen, nach dem innerstaat- lichen Strafrecht als Straftaten gelten und mit angemessenen Strafen bedroht werden müssen, die ihre Schwere berücksichtigen, und dass Informationen oder Geständnisse, die nachweislich auf- grund von Folter erlangt wurden, unter keinen Umständen in irgendeinem Verfahren als Beweis verwendet werden dürfen, außer gegen eine der Folter angeklagte Person als Beweis dafür, dass diese Straftat stattgefunden hat,
in Anerkennung der Rolle, die internationale, regionale und nationale Präventionsmechanismen oder andere entsprechende Einrichtungen, darunter nationale Menschenrechtseinrichtungen, bei der wirksamen Verhütung von Folterhandlungen und anderen grausamen, unmenschlichen oder erniedrigenden Behandlungen oder Strafen spielen können, sowie der Wichtigkeit der Zusammen- arbeit mit internationalen Experten, die beauftragt sind, die Teilnehmerstaaten bei ihren Bemü- hungen um die Verhütung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe behilflich zu sein,
unter Betonung der Notwendigkeit, sicherzustellen, dass Behörden oder Amtsträger keine Sank- tions-, Vergeltungs- oder Einschüchterungsmaßnahmen gegenüber Personen, Gruppen oder Ver- einigungen zulassen oder dulden, die mit einem auf dem Gebiet der Verhütung und Bekämpfung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe tätigen zuständigen nationalen oder internationalen Organ oder Mechanismus Kontakt aufneh- men, Kontakt aufzunehmen versuchen oder in Kontakt gestanden haben,
betonend, dass die nationalen Rechtssysteme sicherstellen müssen, dass die Opfer von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe wirksamen Zugang zur Justiz haben, darunter eine unverzügliche, unparteiische und wirksame Untersuchung, ohne für die Einreichung von Beschwerden oder den Auftritt als Zeugen Vergeltungsmaßnahmen aus- gesetzt zu sein, und dass diese Opfer Wiedergutmachung erhalten und das einklagbare Recht auf gerechte und angemessene Entschädigung haben, wozu auch die Mittel zu einer möglichst voll- ständigen Rehabilitierung gehören,
mit dem Ausdruck der Anerkennung für die beharrlichen Bemühungen der Zivilgesellschaft, die auf nationaler und internationaler Ebene daran arbeitet, Folter und andere grausame, unmensch- liche oder erniedrigende Behandlung oder Strafe wirksam zu verhüten und zu bekämpfen und das Leid der Opfer zu lindern,
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unter Betonung der Wichtigkeit der Zusammenarbeit zwischen der OSZE und anderen interna- tionalen und regionalen Organisationen und Mechanismen zur Förderung der internationalen Zusammenarbeit und um wirksame Synergien zu erzielen und unnötige Überschneidungen zu verhindern, was wirksam zur Verhütung und Bekämpfung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe beitragen kann, (…)
fordert die Teilnehmerstaaten auf:
1. das absolute Verbot aller Formen der Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe (…),dessen Bestimmungen vollständig und nach Treu und Glauben umzusetzen und in voller Übereinstimmung mit allen seinen Grundsätzen zu handeln; (…)
5. den Einsatz von Vernehmungsmethoden, die Folter und andere grausame, unmenschliche oder erniedrigende Behandlungen oder Strafen darstellen, auch zur Erzwingung einer Aussage oder eines Geständnisses, einzustellen und von ihm abzusehen;
6. wirksame Rechts- und Verfahrensgarantien in allen Phasen der Haft, darunter in frühen Pha- sen des Polizeigewahrsams, umzusetzen;
7. die Garantien zum Schutz der Freiheit, der Sicherheit und der Würde der Person zu achten und sicherzustellen, dass lange Isolationshaft und geheime Haft- und Vernehmungsorte abgeschafft werden, angesichts der Tatsache, dass solche Haftbedingungen Folterungen und andere grausame, unmenschliche oder erniedrigende Behandlungen oder Strafen erleichtern und an sich schon eine derartige Behandlung darstellen können;
8. alle Folterhandlungen, Versuche einer Folterung und Handlungen, die eine Beteiligung oder Mittäterschaft an einer Folterung darstellen, unter Einbezug der Definition von Folter nach Arti- kel 1 UNCAT zu Straftaten nach ihrem innerstaatlichen Strafrecht zu machen und sie mit ange- messenen Strafen zu belegen, welche die Schwere der Tat berücksichtigen, und die Verwendung von Aussagen oder eines Geständnisses, die durch Folter oder andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe herbeigeführt wurden, als Beweis in einem Verfah- ren zu verbieten, außer gegen eine der Folter angeklagte Person als Beweis dafür, dass diese Straf- tat stattgefunden hat;
9. sicherzustellen, dass verhaftete oder inhaftierte Personen oder ihr Rechtsbeistand das Recht haben, bei den einschlägigen Behörden ein Ersuchen oder eine Beschwerde in Bezug auf die Behandlung der verhafteten oder inhaftierten Person vorzubringen, insbesondere dann, wenn Folter oder andere grausame, unmenschliche oder erniedrigender Behandlung oder Strafe angewendet worden sein könnten, dass ein solches Ersuchen oder eine solche Beschwerde rasch behandelt und ohne unge- rechtfertigte Verzögerung beantwortet wird und dass weder die verhaftete oder inhaftierte Person noch die Beschwerdeführer oder Zeugen Benachteiligungen oder Vergeltungsmaßnahmen wegen ihres Ersuchens, ihrer Beschwerde oder ihrer Beweisaussage ausgesetzt sind;
10. bei der Ausbildung von Strafvollzugs-, zivilem, militärischem und medizinischen Personal, öffentlichen Bediensteten und anderen Personen, die unter Umständen mit der Bewachung, der Vernehmung oder der Behandlung von Personen zu tun haben, die irgendeiner Form der Fest- nahme, der Haft oder des Freiheitsentzugs unterworfen sind, das Verbot der Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe sowie gegebenenfalls den
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verhältnismäßigen Einsatz von Gewalt, alle zur Verfügung stehenden modernen wissenschaftli- chen Methoden für die Untersuchung von Verbrechen und die wesentliche Bedeutung der Meldung von Fällen von Folter oder anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe bei der vorgesetzten Dienststelle zu behandeln;
11. die Bemühungen einschlägiger nationaler Akteure wie der nationalen Präventionsmechanis- men, nationalen Menschenrechtseinrichtungen oder anderer nationaler Organe oder Mechanis- men, die auf dem Gebiet der Verhütung und Bekämpfung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe tätig sind, zu unterstützen und, in Bezug auf diejenigen Teilnehmerstaaten, die OPCAT ratifiziert habenihre Verpflichtung zu erfül- len, nationale Mechanismen zur Verhütung von Folter zu bestimmen und zu errichten, die unab- hängig, mit angemessenen Mitteln ausgestattet und wirksam sind;
12. die vollständige und laufende Zusammenarbeit der Regierungen, im Einklang mit ihren ent- sprechenden Verpflichtungen nach dem Völkerrecht, mit geeigneten internationalen Präven- tionsorganen oder -mechanismen, (…) mit einschlägigen nationalen Organen wie nationalen Menschenrechtseinrichtungen sicherzu-stellen, unter anderem durch die Gewährung des unein- geschränkten Zugangs zu Haftorten, wenn ein solcher Zugang für einen Teilnehmerstaaten eine Verpflichtung nach dem Völkerrecht darstellt;
13. im Einklang mit den Verpflichtungen der Teilnehmerstaaten nach dem humanitären Völkerrecht vollumfänglich mit dem Internationalen Komitee vom Roten Kreuz (IKRK) zusammenzuarbeiten;
14. sicherzustellen, dass zuständige und unabhängige innerstaatliche Behörden alle Anschuldigun- gen betreffend Folter oder andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe sowie alle Fälle, in denen ein hinreichender Grund für die Annahme besteht, dass eine sol- che Handlung begangen wurde, umgehend, wirksam und unparteiisch untersuchen, und sicher- zustellen, dass Beschwerdeführer und Zeugen vor Misshandlungen und Einschüchterungen wegen ihrer Beschwerde oder ihrer Aussage geschützt sind;
15. sicherzustellen, dass diejenigen, die zu Folterhandlungen und anderen grausamen, unmensch- lichen oder erniedrigenden Behandlungen oder Strafen ermutigen, dazu anstiften, sie anordnen, dulden, zulassen, ihnen zustimmen oder sie verüben, einschließlich der Amtsträger, die für den Haftort oder anderen Ort der Freiheitsentziehung, an dem die verbotene Handlung nachweislich stattfand, verantwortlich sind, zur Verantwortung gezogen, vor Gericht gestellt und in einer der Schwere der Straftat angemessenen Weise bestraft werden;
16. für eine Wiedergutmachung für Opfer von Folter oder anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe zu sorgen, unter anderem durch wirksame Rechtsbehelfe und angemessene, wirksame und rasche Wiedergutmachung, die Rückerstattung, gerechte und angemessene Entschädigung, Rehabilitation, Genugtuung und Garantien der Nichtwiederholung umfassen sollte, unter voller Berücksichtigung der konkreten Bedürfnisse des Opfers;
17. dafür zu sorgen, dass für alle Opfer ohne jegliche Diskriminierung angemessene Rehabilitati- onsdienste rasch verfügbar sind, und wirksame Maßnahmen zu treffen, um für ein sicheres und förderliches Umfeld für den Zugang zu und die Bereitstellung von Rehabilitationsleistungen für Opfer von Folter zu sorgen;
18. die Ausarbeitung von Maßnahmen zur Unterstützung aller von Folter oder anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe betroffenen Personen zu erwägen, Kinder und andere unmittelbare Familienangehörige der Opfer eingeschlossen;
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19. die Verbreitung von Informationen für Opfer über die Verfügbarkeit von Rehabilitationsleis- tungen zu fördern und sicherzustellen, dass die Rehabilitationsverfahren transparent sind;
20. die Bemühungen von zivilgesellschaftlichen Organisationen, die an der Verhütung und Bekämp- fung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe arbeiten, zu unterstützen und gegebenenfalls ihren aktiven Beitrag zu ermöglichen sowie von ihnen bereitgestellte Informationen bei mutmaßlichen Fällen der Folter und anderer grausa- mer, unmenschlicher oder erniedrigender Behandlung oder Strafe zu nutzen;
21. geeignete und wirksame gesetzgeberische, verwaltungsmäßige, gerichtliche und sonstige Maß- nahmen zu ergreifen, um die Herstellung, den Handel, die Ausfuhr, die Einfuhr und den Einsatz von Gerät, das keinem anderen praktischen Zweck als dem der Folter oder einer anderen grausamen, unmenschlichen oder erniedrigenden Behandlung oder Strafe dient, zu verhüten und zu verbieten;
22. die Beratung, das Fachwissen und die technische Hilfe des ODIHR im Bereich der Verhütung und Bekämpfung von Folter oder anderer grausamer, unmenschlicher oder erniedrigender Behand- lung oder Strafe weiterhin zu nutzen oder ihre Nutzung zu erwägen.
457 Index
A Asylsuchende*r 207, 247, 285, 335
Abkommen über die Rechtsstellung der ATU (Gruppe der OSZE zur Bekämpfung des Flüchtlinge (Genfer Flüchtlingskonven- Terrorismus) 248, 275 tion) 164, 177, 187, 241, 274 Aufenthaltsfreiheit — siehe Freizügigkeit Aktionsplan der OSZE zur Bekämpfung des Ausnahmeregelungen 45, 63, 68, 103, 308 Menschenhandels 192, 206, 268, 275, 296, 297, 302, 303, 310, 311, 323, 336, 338, 347, Ausschuss der VN gegen Folter 65 399, 432 Ausschuss zur menschlichen Dimension 329 Aktionsplan der OSZE zur Förderung der Geschlechtergleichstellung 160, 219, 245, B 264–266, 297, 298, 300, 370, 409 BDIMR — siehe Büro für demokratische Ins- Aktionsplan der OSZE zur Verbesserung titutionen und Menschenrechte (BDIMR) der Lage der Roma und Sinti im OSZE- Gebiet 229, 275, 350, 371, 396 Beauftragten der OSZE für Medienfrei- heit 153, 155, 160, 179, 199, 204, 247, 317, Allgemeine Erklärung der Menschen- 322, 346, 373, 379, 439 rechte 98, 352, 360 Behandlung, erniedrigende — siehe Fol- alternative Strafe 100, 314 ter und grausame, unmenschliche oder Antisemitismus 71, 72, 77, 90, 91, 106, 125, erniedrigende Behandlung oder Strafe 129, 130, 133, 135, 141, 144, 148, 152, 163, Behinderungen, Personen mit 24, 55, 82, 300, 175, 179, 198, 199, 203, 245, 246, 256, 443, 444 257, 260, 291, 292, 319, 320, 343, 364, 401 — siehe auch Rassismus Berufsausbildung 8, 12, 47, 220, 235
Anti-terrorismus — siehe Terrorismus Bevölkerungen, indigene 125
Antiterrornetzwerke 206, 248, 249, 318 Bildung Allgemein 12, 22, 36, 46, 55, 128, 226, 298, Arbeit — siehe Wanderarbeiter*innen; siehe 301, 398, 413, 443, 444 Arbeitsbedingungen; siehe Arbeitneh- Berufsausbildung 8, 12, 47, 220, 235 mer*innenrechte; siehe Zwangsarbeit in Bezug auf Bekämpfung des Menschen- Arbeitnehmer*innenrechte 383 handels 348 in Bezug auf Toleranz und Nichtdiskrimi- Arbeitsbedingungen nierung 319, 320, 343, 402, 403, 415 Allgemein 58, 67, 98, 105, 126, 323, 325, Menschenrechtsbildung 293, 430 338, 383 Recht auf 44 für Journalist*innen 15, 52, 156 Religionsunterricht 44, 70 Assimilation (von nationalen Minderheiten Zugang zu 324, 325, 350, 372, 373, 388, 441 gegen deren Willen) 70, 88 Binnenvertriebene — siehe Vertriebene; siehe Asyl, Asylrecht 164, 177, 187, 226 Migration
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Bukarester Aktionsplan zur Bekämpfung des Recht der Bürger*innen auf Beteiligung an Terrorismus 185, 187, 215, 252, 254, 287, der Regierung 61, 355 376 Demonstrationsrecht 63 — siehe auch Ver- bürgerliche und politische Rechte sammlungsfreiheit Allgemein 64, 67, 142, 262 Diskriminierung — siehe Toleranz und Internationaler Pakt über 42, 45, 52, 61, 67, Nichtdiskriminierung; siehe Rassis- 98, 273 mus; siehe Antisemitismus Zweite Fakultativprotokoll zum Internatio- nalen Pakt über 61, 66, 104 Büro für demokratische Institutionen und E Menschenrechte (BDIMR) 109, 118, 121, Eigentumsrechte 54, 234 — siehe auch geisti- 123, 130, 132, 134, 135, 138, 145, 148, 151, ges Eigentum 159, 163, 164, 174, 176, 177, 199, 204, 207, 219, 223, 227, 232–234, 242, 246, 247, Einschränkungen der Menschenrechte, legi- 274, 276, 277, 292, 331, 335, 350, 373, 375, time — siehe Ausnahmeregelungen 402 — siehe auch Kontaktstelle des BDIMR elektronische Kommunikation, Vertraulich- für Fragen der Roma und Sinti keit der 327, 437 Büro für freie Wahlen 78, 88, 108 — siehe Entschädigung, Recht auf 58, 99, 100, 225, auch Büro für demokratische Institutionen 349, 382, 383, 453, 454, 456 und Menschenrechte (BDIMR) Erziehung — siehe Bildung ethnische Säuberungen 124, 130, 136, 149, C 152, 164, 253, 359 CEDAW (Übereinkommen zur Beseiti- Europäische Konvention zum Schutze der gung jeder Form von Diskriminierung der Menschenrechte und Grundfreiheiten 61, Frau) 43, 105, 273, 300, 370 71, 77 Chancengleichheit — siehe Gender, Gender- Europäische Union, Zusammenarbeit fragen mit 169, 175, 178, 192, 213, 301, 351, 373 Charta der OSZE zur Verhütung und Europarat, Zusammenarbeit mit 71, 77, 108, Bekämpfung des Terrorismus 185, 196, 109, 133, 158, 160, 213, 301 254 Exil, erzwungenes 152, 310 — siehe auch Charta der Vereinten Nationen 2, 3, 5, 6, 7, willkürliche Festnahme 28, 30, 71, 76, 93, 97, 118, 140, 143, 162, 167, 172, 173, 187, 194, 198, 201, 208, 254, 265, Expansionismus, territoriale 135, 144 284, 297, 304, 330, 345, 354, 359, 362, 378, Extremismus 144, 161, 174, 175, 179, 181, 198, 389, 416, 418 199, 203, 207, 209, 245, 253, 291, 320, 335, 343, 354, 355, 356, 359, 363, 364, 374, 410, D 417, 419
Datenschutz 217, 232, 327, 340, 374, 407, 433 F Demokratie — siehe auch Büro für demokra- tische Institutionen und Menschenrechte faires Verfahren, Recht auf 295, 306, 353 (BDIMR); Pluralismus, politischer; Wahlen Fakultativprotokoll der VN zum Überein- Allgemein 59, 74, 77, 93, 97, 109, 111, 112, kommen über die Rechte des Kindes 168, 127, 138, 141, 144, 152, 159, 188, 201, 294 227, 262, 296, 300, 326 — siehe auch Über- demokratische Institutionen 68, 76, 79, 87, einkommen der VN über die Rechte des 89, 103, 108, 121, 163, 174 Kindes
459 Index
Familienleben, Achtung des 10, 100 Reform des Strafvollzugs 166, 173, 177, 181 Familienzusammenführung 9, 10, 33, 46, Geflüchtete — siehe Flüchtlinge 48, 49 geistiges Eigentum 52 — siehe auch Urhe- Flüchtlinge berrecht Allgemein 112, 126, 130, 134, 149, 152, 159, Gender, Genderfragen — siehe auch Akti- 164, 241, 242, 298, 364, 420 onsplan der OSZE zur Förderung der Abkommen über die Rechtsstellung der Geschlechtergleichstellung; Gewalt; sexu- Flüchtlinge 164, 177, 187, 241, 274 elle Ausbeutung Folter und grausame, unmenschliche oder Gender-Mainstreaming 297 erniedrigende Behandlung oder Strafe Gleichstellung von Frauen und Män- Allgemein 65, 147, 164, 295, 307, 353, 360, nern 105, 264, 268, 273, 274, 386 452 Übereinkommen der VN zur Beseitigung Ausschusses der VN gegen 65 jeder Form von Diskriminierung der Europäische Übereinkommen über die Frau 43, 105, 273, 300, 370 Verhinderung von 147 Genfer Flüchtlingskonvention (Abkom- Sonderberichterstatter der VN 148 men über die Rechtsstellung der Flücht- Übereinkommen der VN gegen 45, 65, 147, linge) 164, 177, 187, 241, 274 295, 306, 360 Genfer Konventionen von 1949 und ihrer Frauen — siehe Gender, Genderfragen; Zusatzprotokolle 127, 143, 150, 453 Gewalt:gegen Frauen Genozid — siehe Völkermord freie Medien — siehe Meinungsfreiheit, Informationsfreiheit, freie Medien Gericht, unabhängiges — siehe Unabhängig- keit der Justiz freier Informationsfluss — siehe Meinungs- freiheit, Informationsfreiheit, freie Medien Gesundheit 236 Freizügigkeit 44, 66, 75, 77 — siehe auch Gewalt — siehe auch Hassverbrechen; Ter- Migration rorismus; Toleranz und Nichtdiskriminie- rung Fremdenfeindlichkeit 71, 72, 77, 90, 91, 106, Allgemein 3 111, 125, 130, 133, 135, 141, 144, 148, 149, gegen Frauen 164, 168, 180, 221, 228, 273, 152, 163, 175, 179, 198, 199, 203, 245, 246, 274, 275, 397, 406, 439, 453 256, 258, 260, 291, 319, 320, 343, 344, 364, gegen Journalist*innen 437, 439 368 gegen Kinder 64, 164, 228, 262, 326 gegen Minderheiten 71, 91, 93, 125, 135, G 160, 232, 233, 259, 372, 373, 396, 397 Schutz vor alle Formen von 105, 180, 300, Geburtsrecht, Menschenrechte als 74 301, 407, 408 Gedanken-, Gewissens-, Religions- und Glau- Gewaltenteilung — siehe Demokratie bensfreiheit Allgemein 4, 42, 44, 63, 75, 80, 149, 163, Gewerkschaften 31, 63, 68, 69, 126, 179, 197, 246, 291, 346, 395 429 — siehe auch Vereinigungsfreiheit Gewissensgründen 66 Gewissensfreiheit — siehe Gedanken-, Religionsunterricht 44, 70 Gewissens-, Religions- und Glaubensfrei- Gefängnis — siehe auch Folter und grau- heit same, unmenschliche oder erniedrigende Gewissensgründen 66 Behandlung oder Strafe Behandlung von Gefangenen, Rechte der Glaubensfreiheit — siehe Gedanken-, Gewis- Gefangenen 45, 453 sens-, Religions- und Glaubensfreiheit
460 Index
Gleichberechtigung — siehe Gender, Gender- Internationaler Pakt über bürgerliche und fragen politische Rechte (ICCPR) 42, 45, 52, 61, 67, 98, 273 Gruppe der OSZE zur Bekämpfung des Ter- rorismus (ATU) 248, 275 Internationaler Pakt über wirtschaft- liche, soziale und kulturelle Rechte (ICESCR) 42, 61, 66, 273, 323, 352 H Internationales Übereinkommen zur Beseiti- Haft — siehe Gefängnis; willkürliche Fest- gung jeder Form von Rassendiskriminie- nahme rung 230, 231 Hassverbrechen Internet Allgemein 246, 260, 292, 321, 322, 342, Bekämpfung der Nutzung für terroristi- 343, 373, 397, 398, 402, 403 sche Zwecke 252, 254, 316, 335 Internet und 207, 246, 254, 256, 257, 258, Bekämpfung der sexuellen Ausbeutung 259, 291, 317, 319, 343, 375 von Kindern im 339, 432 Hoher Kommissar der KSZE für nationale Förderung von Toleranz und Medienfrei- Minderheiten (HKNM) 113, 114, 131, 145, heit im 256, 259, 260, 363, 413 158, 163, 179, 199, 204, 232, 233, 234, 239, 241, 242, 247, 276, 373 J Holocaust 238, 253, 257, 292, 319, 320, 358, Journalist*innen — siehe auch Meinungsfrei- 359, 402 heit, Informationsfreiheit, freie Medien humanitäres Völkerrecht — siehe auch Völ- Allgemein 34, 102, 103, 321, 343, 435 kerrecht Arbeitsbedingungen 15 Allgemein 126, 136, 150 Gewalt gegen 437, 439 Genfer Konventionen von 1949 und ihrer Jugend, junge Menschen 12, 34, 47, 50, Zusatzprotokolle 127, 143, 150, 453 261, 292, 321, 342, 398, 401, 410, 413, 415, 435 — siehe auch Kinder I Justiz, Unabhängigkeit der — siehe Unabhän- ICCPR — siehe Internationaler Pakt über gigkeit der Justiz bürgerliche und politische Rechte (ICCPR) ICESCR (Internationaler Pakt über wirt- K schaftliche, soziale und kulturelle Kinder — siehe auch sexuelle Ausbeu- Rechte) 42, 61, 66, 273, 323, 352 tung:Kinder; Bildung; Jugend, junge Men- IKT (Informations- und Kommunikations- schen technologie) 424, 427, 432, 433, 441 Allgemein 9, 48, 261, 292, 401 Fakultativprotokoll der VN zum Überein- Implementierungspflicht 345 — siehe auch kommen über die Rechte 168, 227, 262, Ausnahmeregelungen 296, 300, 326 Informationsfreiheit — siehe Meinungsfrei- Gewalt gegen 64, 164, 228, 262, 326 heit, Informationsfreiheit, freie Medien Handel 191, 220, 222, 227, 244, 262, 263, Informations- und Kommunikationstechno- 382, 383, 431, 445 logie (IKT) 424, 427, 432, 433, 441 Rechte 64, 160, 262 Übereinkommen der VN über die Inhaftierung, willkürliche — siehe willkürli- Rechte 64, 428 che Festnahme Kommunikation, Recht auf 63, 91 — siehe auch Meinungsfreiheit, Informationsfrei- heit, freie Medien
461 Index
Kontaktstelle des BDIMR für Fragen der medizinische Praktiken, unzulässige 45, Roma und Sinti 148, 158, 180, 190, 65 — siehe auch Folter und grausame, 199, 222, 233, 235, 236, 237, 241, 243, unmenschliche oder erniedrigende 350 — siehe auch Roma und Sinti Behandlung oder Strafe Konvention der VN über die Verhütung und Meinungsfreiheit, Informationsfreiheit, freie Bestrafung des Völkermordes 346, 359 Medien — siehe auch Beauftragten der OSZE für Medienfreiheit; Journalist*innen Korruption — siehe auch Übereinkommen Allgemein 13, 34, 52, 128, 150 der VN gegen Korruption (UNCAC) Recht, seine Rechte zu kennen und wahr- Allgemein 160, 165, 177, 206, 210, 216, 255, zunehmen 5, 31, 42, 75 389, 391, 421, 423, 444, 449 Menschenhandel — siehe auch Aktionsplan Kreativität 81, 103 der OSZE zur Bekämpfung des Menschen- kulturelle Rechte/kulturelles Erbe handels; Kinder:Handel; Protokoll der VN Allgemein 16, 25, 35, 53 zur Verhütung, Bekämpfung und Bestra- intellektuelles und kulturelles Leben 19, fung des Menschenhandels, insbesondere 68, 103 des Frauen- und Kinderhandels; Sonderbe- Internationaler Pakt über wirtschaftliche, auftragten für die Bekämpfung des Men- soziale und kulturelle Rechte 42, 61, 66, schenhandel; Übereinkommen der VN 273, 323, 352 gegen die grenzüberschreitende organi- Kreativität 81, 103 sierte Kriminalität Kunstfreiheit 80, 81, 103 Allgemein 168, 179, 189, 211, 214, 215, 219, 220–223, 228, 244, 263, 275, 296, 302, kulturelles Erbe — siehe kulturelle Rechte/ 310, 322, 336, 347, 381, 382, 399, 428 kulturelles Erbe Nationale Verweismechanismen 445, 446 Kunstfreiheit 80, 81, 103 Protokoll der VN gegen die Schleusung künstlerisches Schaffen 20, 80, 81, 103 von Migranten auf dem Land-, See- und Luftweg 190 Menschenrechte — siehe Büro für demokra- L tische Institutionen und Menschenrechte Leitsätze der VN zur Binnenvertreibung 241, (BDIMR) 247 Menschenrechtsbildung 293, 430 Menschenrechtverteidiger*innen 61, 64, 99 M menschliche Dimension — siehe Ausschuss Massenvertreibung — siehe ethnische Säube- zur menschlichen Dimension; siehe rungen Mechanismen der menschlichen Dimen- Mechanismen der menschlichen Dimension sion Allgemein 104, 121, 122, 123, 214 menschliche Kontakte 9, 33, 40, 47, 59, 150 andere Mechanismen 391 Antiterrornetzwerk 206, 248, 249, 318 Migration 286, 309, 367, 420 — siehe auch Ausschuss zur menschlichen Dimen- Asyl, Asylrecht; Asylsuchende*r; Flücht- sion 329 linge; Freizügigkeit; Vertriebene; Wander- Moskauer Mechanismus 134, 145 arbeiter*innen Wiener Mechanismus 94, 121, 122 Minderheiten — siehe nationale Minderhei- Medienfreiheit — siehe Meinungsfreiheit, ten Informationsfreiheit, freie Medien Mindestgrundsätze der VN für die Behand- lung von Strafgefangenen 45, 453 Moskauer Mechanismus 134, 145
462 Index
Multikulturalismus 175, 198, 238 — siehe P auch Toleranz und Nichtdiskriminierung Parlamentarische Versammlung der Muslime, Intoleranz gegenüber 199, 259, 260, OSZE 163, 176, 342, 362, 399 292, 320, 343, 396, 403 — siehe auch Tole- ranz und Nichtdiskriminierung Pluralismus, politischer 59, 69, 75, 87, 98, 111, 159, 163, 320 politische Parteien 60, 62, 68, 69, 239, N 320 — siehe auch Vereinigungsfreiheit nationale Menschenrechtsinstitutionen 409, politischer Pluralismus — siehe Pluralismus, 454 politischer nationale Minderheiten — siehe auch Pressefreiheit — siehe Meinungsfreiheit, Gewalt:gegen Minderheiten; Hoher Kom- Informationsfreiheit, freie Medien missar der KSZE für nationale Minderhei- ten (HKNM); Roma und Sinti Privatleben, Achtung des 436, 437 Allgemein 22, 26, 77, 86, 124, 148 Prostitution — siehe sexuelle Ausbeutung Assimilation gegen deren Willen 70, 88 Protokoll der VN gegen die Schleusung von Nationale Verweismechanismen 445, 446 Migranten auf dem Land-, See- und Luft- Nationalismus, aggressiver 111, 125, 130, 133, weg 190 135, 141, 144, 148, 152, 153, 163, 175, 179, Protokoll der VN zur Verhütung, Bekämp- 198, 199, 203, 245, 320, 343, 364 — siehe fung und Bestrafung des Menschen- auch Toleranz und Nichtdiskriminierung handels, insbesondere des Frauen- und Nationalität/Staatsbürgerschaft 127, 164 Kinderhandels 168, 214, 215, 224, 262, 273, 296, 300, 302, 323, 324, 326, 336, 381, 428 NGOs/NROs (nichtstaatliche Organisatio- nen) — siehe nichtstaatliche Organisatio- Protokoll Nr.6 zur Europäischen Konven- nen (NGOs/NROs) tion zum Schutze der Menschenrechte und Grundfreiheiten 66 Nichteinmischung, Nichtanwendbarkeit des Prinzips der 87, 93, 111, 345, 379 Protokoll zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, ins- nichtstaatliche Organisationen (NGOs/ besondere des Frauen- und Kinderhan- NROs) 69, 110, 147, 158, 165, 169, 178, 191, dels 180, 190 217, 221, 224, 228, 242, 262, 327 psychiatrische oder andere medizinische Nichtzurückweisung (non-refoulement) 226 Praktiken, unzulässige 45, 65 — siehe auch non-refoulement (Nichtzurückweisung) 226 Folter und grausame, unmenschliche oder erniedrigende Behandlung oder Strafe Notstand, öffentlicher — siehe öffentlicher Notstand R O Radikalisierung — siehe Extremismus öffentlicher Notstand 68, 101, 122 Rassismus 77, 91, 125, 129, 130, 133, 135, 141, 144, 148, 152, 163, 175, 179, 198, 203, 231, Ombudsmänner 103 — siehe auch nationale 245, 246, 256, 258, 260, 291, 310, 319, 320, Menschenrechtsinstitutionen 343, 344, 350, 364, 372 — siehe auch Tole- organisierte Kriminalität 176, 181, 209, ranz und Nichtdiskriminierung 313 — siehe auch Übereinkommen der VN Recht auf Leben — siehe Todesstrafe (ein- gegen die grenzüberschreitende organi- schließlich Verweise auf die Todesstrafe sierte Kriminalität und das Recht auf Leben)
463 Index
Recht, seine Rechte zu kennen und wahrzu- Staatsbürgerschaft — siehe Nationalität/ nehmen 5, 31, 42, 75 Staatsbürgerschaft Rechtsmittel, wirksame — siehe wirksame Strafe — siehe alternative Strafe; Folter und Rechtsbehelfe, Recht auf grausame, unmenschliche oder erniedri- gende Behandlung oder Strafe; Todesstrafe Rechtsstaatlichkeit 93, 97, 101, 109, 147, 188 (einschließlich Verweise auf die Todes- Religionsfreiheit — siehe Gedanken-, Gewis- strafe und das Recht auf Leben) sens-, Religions- und Glaubensfreiheit Strafverfahren 61, 177, 216, 217, 348, 349, Religionsunterricht 44, 70 374 — siehe auch faires Verfahren, Recht auf Roma und Sinti — siehe auch Kontaktstelle des BDIMR für Fragen der Roma und Sinti Streik, Recht auf 63 — siehe auch Vereini- Allgemein 148, 158, 160, 164, 180, 207, 231, gungsfreiheit 232, 371 Aktionsplan der OSZE zur Verbesserung der Lage der Roma und Sinti im OSZE- T Gebiet 229, 275, 350, 371, 396 territoriale Expansionismus 135, 144 territoriale Integrität von Staaten 2, 3, 71, 76, S 93, 163 Schulbildung — siehe Bildung Terrorismus — siehe auch Bukarester Akti- onsplan zur Bekämpfung des Terrorismus Selbstbestimmungsrecht, Recht auf 5, 41, 76, Allgemein 30, 39, 41, 171, 177, 178, 185, 93 193, 202, 205, 251, 308, 316, 333, 354, sexuelle Ausbeutung 363, 365, 374, 376, 389, 391, 416, 418, 423 Allgemein 164, 168, 190, 214, 222, 275, Antiterrornetzwerke 206, 248, 249, 318 302, 303, 324, 382, 428, 430, 445 Charta zur Verhütung und Bekämpfung Kinder 64, 219, 262, 263, 296, 300, 325, des Terrorismus 185, 186, 254 326, 339, 431, 432 gewalttätiger Extremismus und Radikali- sierung 161, 181, 198, 199, 203, 207, 209, Sicherheit — siehe auch soziale Sicherheit 245, 291, 335, 354, 355, 356, 363, 364, Allgemein 194, 195 374, 410 Verhaltenskodex der OSZE zu politischen Gruppe der OSZE zur Bekämpfung und militärischen Aspekten der Sicher- des 248, 275 heit 140, 174, 189 Übereinkommen der VN zur Bekämpfung Sinti und Roma — siehe Roma und Sinti der Finanzierung des 177, 188 Sklaverei 189, 190, 214, 222, 302, 346, 381 Todesstrafe (einschließlich Verweise auf die Sonderbeauftragten für die Bekämpfung des Todesstrafe und das Recht auf Leben) Menschenhandel 212, 213, 262, 263, 296, Allgemein 45, 66, 103, 127, 147 303, 311, 312, 323, 347, 349, 364, 382, 431, Protokoll Nr.6 zur Europäischen Konven- 434 tion zum Schutze der Menschenrechte und Grundfreiheiten 66 Sonderberichterstatter der VN 148, 326 Zweite Fakultativprotokoll zum Internati- soziale Gerechtigkeit 74, 75, 111, 265 onalen Pakt über bürgerliche und politi- sche Rechte 61, 66, 104 soziale Sicherheit 43, 67, 126 — siehe auch Sicherheit Toleranz und Nichtdiskriminierung — siehe auch Fremdenfeindlichkeit; Muslime, Into- Staatenlosigkeit, Staatenlose 127, 164, 342, leranz gegenüber; Rassismus; Verfolgung 344 — siehe auch Nationalität/Staatsbür- Allgemein 125, 148, 179, 186, 197, 245, 256, gerschaft 258, 290, 318, 341
464 Index
Internationales Übereinkommen zur Besei- V tigung jeder Form von Rassendiskrimi- nierung 230, 231 Vereinigungsfreiheit 63, 75, 346 Vereinte Nationen — siehe auch Charta der Vereinten Nationen; Protokoll der VN zur U Verhütung, Bekämpfung und Bestrafung Übereinkommen der VN gegen die grenz- des Menschenhandels, insbesondere des überschreitende organisierte Kriminali- Frauen- und Kinderhandels Übereinkom- tät 168, 171, 176, 179, 190, 214, 215, 224, men der VN gegen Folter und anderegrau- 262, 288, 289, 296, 300, 302, 309, 314, 315, same, unmenschliche oder erniedrigende 323, 324, 326, 336, 381, 428 — siehe auch Behandlung oder Strafe; Übereinkommen Protokoll der VN zur Verhütung, Bekämp- der VN gegen die grenzüberschreitende fung und Bestrafung des Menschen- organisierte Kriminalität; Übereinkommen handels, insbesondere des Frauen- und der VN gegen Korruption (UNCAC) Kinderhandels Ausschusses gegen Folter 65 Internationaler Pakt über bürgerliche und Übereinkommen der VN gegen Folter und politische Rechte 42, 45, 52, 61, 67, 98, andere grausame, unmenschliche oder 273 erniedrigende Behandlung oder Strafe 45, Internationaler Pakt über wirtschaftliche, 65, 147, 295, 306, 360 soziale und kulturelle Rechte 42, 61, 66, Übereinkommen der VN gegen Korruption 273, 323, 352 (UNCAC) 210, 255, 309, 314, 315, 391, 404, Konvention über die Verhütung und 405, 421, 422, 451 Bestrafung des Völkermordes 346, 359 Leitsätze zur Binnenvertreibung 241, 247 Übereinkommen der VN über die Rechte des Mindestgrundsätze für die Behandlung Kindes 64, 428 — siehe auch Fakultativ- von Strafgefangenen 45, 453 protokoll der VN zum Übereinkommen Protokoll gegen die Schleusung von Mig- über die Rechte des Kindes ranten auf dem Land-, See- und Luft- Übereinkommen der VN zur Bekämpfung weg 190 der Finanzierung des Terrorismus 177, 188 Sonderberichterstatter 148, 326 Übereinkommen über die Rechte des Kin- Übereinkommen der VN zur Beseitigung des 64, 428 jeder Form von Diskriminierung der Frau Übereinkommen zur Bekämpfung der (CEDAW) 43, 105, 273, 300, 370 Finanzierung des Terrorismus 177, 188 Übereinkommen von Palermo — siehe Über- Übereinkommen zur Beseitigung jeder einkommen der VN gegen die grenzüber- Form von Diskriminierung der Frau 43, schreitende organisierte Kriminalität 105, 273, 300, 370 Verhaltenskodex für Vollzugsbeamten 45 Unabhängigkeit der Justiz 61, 98, 306, 307, Zusammenarbeit mit 5, 16, 219, 246, 277, 314, 353, 391 279, 290, 309, 315, 334, 335, 366, 367 UNAC — siehe Übereinkommen der VN Zweite Fakultativprotokoll zum Internati- gegen Korruption (UNCAC) onalen Pakt über bürgerliche und politi- Universalität der Menschenrechte 5, 30, 31, sche Rechte 61, 66, 104 38, 42, 384 Verfolgung 71, 77, 274, 404, 418 — siehe auch Urbevölkerungen 125 Toleranz und Nichtdiskriminierung
Urheberrecht 53, 63 — siehe auch geistiges Verhaltenskodex der OSZE zu politischen Eigentum und militärischen Aspekten der Sicher- heit 140, 174, 189 Verhaltenskodex der VN für Vollzugsbeam- ten 45
465 Index
Versammlungsfreiheit 63, 75, 159, 346 wirksame Rechtsbehelfe, Recht auf 231, 353, 372, 438, 449 Vertriebene — siehe auch Asyl, Asylrecht; Asylsuchende*r; Flüchtlinge; Migration wirtschaftliche und soziale Rechte Allgemein 126, 130, 134, 146, 149, 152, 159, Gesundheit 236 164, 175, 242, 298, 364 Internationaler Pakt über wirtschaftliche, Leitsätze der VN zur Binnenvertrei- soziale und kulturelle Rechte 42, 61, 66, bung 241, 247 273, 323, 352 soziale Gerechtigkeit 74, 75, 111, 265 Völkermord soziale Sicherheit 43, 67, 126 Allgemein 253, 292, 320, 359 Wohnen 8, 53, 55, 234 Konvention der VN über die Verhütung und Bestrafung 346, 359 Wohnen 8, 53, 55, 234 Völkerrecht — siehe auch humanitäres Völ- Wohnung, Recht auf Achtung der 85, 100 kerrecht allgemein anerkannte Grundsätze des 30 Verpflichtungen nach dem 2, 6, 64, 67, 71, X 172, 281, 308, 333, 355, 418, 419, 452, 456 Xenophobie — siehe Fremdenfeindlichkeit
W Z Wahlen 247 Zivilgesellschaft 175, 178, 188, 198, 202, 205, Allgemein 146, 159, 164, 166, 200, 331 207, 210, 217, 221, 224, 247, 252, 260, 275, Büro für freie Wahlen 78, 79, 88, 108 277, 292, 296, 301, 313, 318, 320–323, 327, Wähler*innenschulung 241, 398 328, 335, 338, 343, 346, 348, 355, 356, 360, Wanderarbeiter*innen 8, 19, 32, 46, 67, 78, 368, 373, 375, 379, 383, 384, 385, 389, 391, 104, 125, 149, 247, 259 392, 394, 398, 402, 403, 405, 409, 411, 412, 414, 417, 419, 421–423, 429, 432, 433, 438, Wehrdienstweigerung aus Gewissensgrün- 440, 442, 445, 449, 450, 451, 454 den 66 Zurückgekehrte 9, 32, 45, 46, 47 — siehe Wiener Mechanismus 94, 121, 122 auch Migration willkürliche Festnahme — siehe auch Zwangsarbeit 58, 191, 214, 222, 302, 303, 323, Gefängnis 325, 430, 445 Allgemein 99, 100, 436, 438 Mindestgrundsätze für die Behandlung Zwangsrekrutierung 164 von Strafgefangenen 45, 453 Zweite Fakultativprotokoll zum Internatio- Verhaltenskodex der VN für Vollzugsbe- nalen Pakt über bürgerliche und politische amten 45 Rechte 61, 66, 104
466
Impegni OSCE nella Dimensione Umana Volume 2 Raccolta cronologica
4° Edizione Impegni OSCE nella Dimensione Umana Volume 2 Raccolta cronologica
4° Edizione
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Stampato in Polonia da Centrum Poligrafii Indice dei contenuti
Atto finale della Conferenza sulla sicurezza e la cooperazione in Europa Helsinki 1975 1
Documento conclusivo della riunione di Madrid (Seconda riunione di follow-up della Conferenza di Helsinki) Madrid 1983 27
Documento della Conferenza di Stoccolma sulle misure miranti a rafforzare la fiducia e la sicurezza e sul disarmo in Europa Stoccolma 1986 35
Documento conclusivo della riunione di Vienna (Terza riunione di follow-up della Conferenza di Helsinki) Vienna 1989 37
Rapporto sulle Conclusioni e Raccomandazioni della Riunione sulla Protezione dell’Ambiente Sofia 1989 (Vienna 1990) 53
Documento della Conferenza di Bonn sulla Cooperazione Economica in Europa Bonn 1990 54
Documento della Riunione di Copenhagen della Conferenza sulla Dimensione Umana della CSCE Copenhagen 1990 55
Carta di Parigi per una Nuova Europa Parigi 1990 69
Documento del Simposio di Cracovia sul retaggio culturale degli Stati partecipanti alla CSCE Cracovia 1991 75
Rapporto della Riunione CSCE di Esperti sulle Minoranze Nazionali Ginevra 1991 80 Documento della Riunione di Mosca della Conferenza sulla Dimensione Umana della CSCE Mosca 1991 87
Documento di Praga sull’ulteriore sviluppo delle istituzioni e delle strutture CSCE (Seconda Riunione del Consiglio) Praga 1992 101
Documento di Helsinki: le sfide del cambiamento (Vertice dei capi di Stato o di governo) Helsinki 1992 104
Documento della Terza Riunione del Consiglio Stoccolma 1992 121
Documento della Quarta Riunione del Consiglio Roma 1993 124
Documento di Budapest: verso una vera partnership in una nuova era (Vertice dei capi di Stato o di governo) Budapest 1994 130
Documento di Lisbona (Vertice dei capi di Stato o di governo) Lisbona 1996 143
Documento della Sesta Riunione del Consiglio dei Ministri Copenhagen 1997 146
Documento della Settima Riunione del Consiglio dei Ministri Oslo 1998 149
Documento di Istanbul (Vertice dei capi di Stato o di governo) Istanbul 1999 150
Documento dell’Ottava Riunione del Consiglio dei Ministri Vienna 2000 158
Documento della Nona Riunione del Consiglio dei Ministri Bucarest 2001 161
Documento della Decima Riunione del Consiglio dei Ministri Porto 2002 173
Documento dell’Undicesima Riunione del Consiglio dei Ministri Maastricht 2003 188 Documento della Dodicesima Riunione del Consiglio dei Ministri Sofia 2004 234
Documento della Tredicesima Riunione del Consiglio dei ministri Lubiana 2005 261
Documento della Quattordicesima Riunione del Consiglio dei ministri Bruxelles 2006 287
Documento della Quindicesima riunione del Consiglio dei ministri Madrid 2007 313
Documento della Sedicesima riunione del Consiglio dei ministri Helsinki 2008 324
Documento della Diciassettesima riunione del Consiglio dei ministri Atene 2009 335
Dichiarazione Commemorativa di Astana Astana 2010 355
Documento della Diciottesima riunione del Consiglio dei ministri Vilnius 2011 358
Documento della Diciannovesima riunione del Consiglio dei ministri Dublino 2012 365
Documento della Ventesima riunione del Consiglio dei ministri Kiev 2013 370
Documento della Ventunesima riunione del Consiglio dei ministri Basilea 2014 376
Documento della Ventiduesima riunione del Consiglio dei ministri Belgrado 2015 385
Documento della Ventitreesima riunione del Consiglio dei ministri Amburgo 2016 392
Documento della Ventiquattresima riunione del Consiglio dei ministri Vienna 2017 400
Documento della Venticinquesima riunione del Consiglio dei ministri Milano 2018 407
Documento della Ventisettesima riunione del Consiglio dei ministri Tirana 2020 419
Índice 428 Atto finale della Conferenza sulla sicurezza e la cooperazione in Europa Helsinki 1975
(…)
Gli Alti Rappresentanti degli Stati partecipanti hanno solennemente adottato quanto segue:
Questioni relative alla sicurezza in Europa
Gli Stati partecipanti alla Conferenza sulla Sicurezza e la Cooperazione in Europa,
Riaffermando che è loro obiettivo di contribuire al miglioramento delle loro relazioni reciproche e di assicurare condizioni nelle quali i loro popoli possano godere di una pace vera e duratura, liberi da ogni minaccia o attentato alla loro sicurezza;
Convinti della necessità di compiere sforzi per fare della distensione un processo al tempo stesso continuo e sempre più effettivo e globale, di portata universale, e convinti ché l’applicazione dei risultati della Conferenza sulla Sicurezza e la Cooperazione in Europa costituirà un contributo importante a tale processo;
Considerando che la solidarietà fra i popoli, nonché la comune finalità che ispira gli Stati parteci- panti nel conseguimento degli obiettivi enunciati dalla Conferenza sulla Sicurezza e la Coopera- zione in Europa, dovrebbero portare allo sviluppo di relazioni migliori e più strette fra loro in tutti i campi, e quindi al superamento della contrapposizione derivante dalla natura delle loro relazioni passate e ad una migliore comprensione reciproca;
Consci della loro storia comune e riconoscendo che l’esistenza di elementi comuni nelle loro tradi- zioni e nei loro valori può aiutarli a sviluppare le loro relazioni, e desiderosi di ricercare, tenendo pienamente conto dell’individualità e della diversità delle loro posizioni e punti di vista, le possi- bilità di unire i loro sforzi allo scopo di superare la diffidenza e di sviluppare la fiducia, di risol- vere i problemi che li separano e di cooperare nell’interesse dell’umanità;
Riconoscendo l’indivisibilità della sicurezza in Europa nonché il loro comune interesse allo svi- luppo della cooperazione in ogni parte d’Europa e fra loro ed esprimendo la loro intenzione di pro- seguire i loro sforzi in conformità;
Riconoscendo lo stretto legame esistente fra la pace e la sicurezza in Europa e nel mondo intero e consapevoli della necessità per ciascuno di essi di dare il proprio contributo al rafforzamento della pace e della sicurezza nel mondo ed alla promozione dei diritti fondamentali, del progresso economico e sociale e del benessere per tutti i popoli;
1 Helsinki 1975
Hanno adottato quanto segue:
1. a) Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti
Gli Stati Partecipanti,
Riaffermando il loro impegno per la pace, la sicurezza e la giustizia e per il continuo sviluppo delle relazioni amichevoli e della cooperazione;
Riconoscendo che questo impegno, che rispecchia gli interessi e le aspirazioni dei popoli, costitu- isce per ciascuno Stato partecipante una responsabilità presente e futura, posta in luce dalle espe- rienze del passato;
Riaffermando in conformità con la loro appartenenza alle Nazioni Unite e in armonia con i fini e i principi delle Nazioni Unite, il loro pieno e attivo appoggio all’Organizzazione delle Nazioni Unite e al rafforzamento del suo ruolo e della sua efficacia nel consolidare la pace, la sicurezza e la giustizia internazionali e nel promuovere la soluzione di problemi internazionali, nonché lo svi- luppo delle relazioni amichevoli e della cooperazione fra gli Stati;
Esprimendo la loro comune adesione ai principi che sono più sotto enunciati e che sono conformi allo Statuto delle Nazioni Unite, nonché la loro comune volontà di agire, nell’applicazione di que- sti principi, conformemente ai fini e ai principi dello Statuto delle Nazioni Unite;
Dichiarano la loro determinazione di rispettare e mettere in pratica, ciascuno di loro nelle sue relazioni con tutti gli altri Stati partecipanti, indipendentemente dai loro sistemi politici, econo- mici o sociali, nonché dalla loro dimensione, posizione geografica o livello di sviluppo economico, i seguenti principi, tutti di importanza fondamentale, che reggono le loro relazioni reciproche;
I. Eguaglianza sovrana, rispetto dei diritti inerenti alla sovranità
Gli Stati partecipanti rispettano reciprocamente la loro eguaglianza sovrana e la loro individua- lità, nonché tutti i diritti inerenti alla loro sovranità ed in essa inclusi, ivi compreso in partico- lare il diritto di ciascuno Stato alla eguaglianza giuridica, alla integrità territoriale, alla libertà ed indipendenza politica. Essi rispettano inoltre il diritto di ciascuno di loro di scegliere e sviluppare liberamente il proprio sistema politico, sociale, economico e culturale, nonché quello di determi- nare le proprie leggi e regolamenti.
Nell’ambito del diritto internazionale, tutti gli Stati partecipanti hanno eguali diritti e doveri. Essi rispettano il diritto di ciascuno di loro di definire e condurre come desidera le proprie relazioni con gli altri Stati conformemente al diritto internazionale e nello spirito della presente Dichiara- zione. Essi considerano che le loro frontiere possono essere mutate, in conformità al diritto inter- nazionale, con mezzi pacifici e mediante accordo. Essi hanno inoltre il diritto di appartenere o non appartenere ad organizzazioni internazionali, di essere o non essere parte di trattati bilaterali o multilaterali, compreso il diritto di essere o non essere parte di trattati di alleanze; essi hanno inoltre il diritto alla neutralità.
II. Non ricorso alla minaccia o all’uso della forza
Gli Stati partecipanti si astengono nelle loro relazioni reciproche, nonché nelle loro relazioni inter- nazionali in generale, dalla minaccia o dall’uso della forza sia contro l’integrità territoriale o l’in- dipendenza politica di qualsiasi Stato, sia in qualunque altra maniera incompatibile con i fini delle
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Nazioni Unite e con la presente Dichiarazione. Nessuna considerazione potrà essere invocata per ser- vire da giustificazione al ricorso alla minaccia o all’uso della forza in violazione di questo principio.
Di conseguenza, gli Stati partecipanti si astengono da qualsiasi atto che costituisca una minac- cia di ricorso alla forza o un uso diretto o indiretto della forza contro un altro Stato partecipante. Parimenti essi si astengono da ogni manifestazione di forza volta ad indurre un altro Stato par- tecipante a rinunciare al pieno esercizio dei suoi diritti sovrani. Parimenti essi si astengono nelle loro relazioni reciproche anche da qualsiasi atto di rappresaglia per mezzo della forza. Nessuna minaccia o uso della forza di tal natura saranno impiegati come mezzo di soluzione delle contro- versie o delle questioni che potrebbero portare a controversie fra loro.
III. Inviolabilità delle frontiere
Gli Stati partecipanti considerano reciprocamente inviolabili tutte le loro frontiere nonché le fron- tiere di tutti gli Stati in Europa e pertanto si astengono ora e in futuro dall’attaccare tali frontiere.
Di conseguenza, essi si astengono anche da ogni pretesa o atto per impadronirsi o usurpare parte o tutto il territorio di ogni altro Stato partecipante.
IV. Integrità territoriale degli Stati
Gli Stati partecipanti rispettano l’integrità territoriale di ciascuno degli Stati partecipanti.
Di conseguenza, si astengono da qualsiasi azione incompatibile con i fini e i principi dello Statuto delle Nazioni Unite contro l’integrità territoriale, l’indipendenza politica o l’unità di qualsiasi Stato partecipante, e in particolare da qualsiasi azione del genere che costituisca minaccia o uso della forza.
Gli Stati partecipanti si astengono parimenti dal rendere il territorio di ciascuno di essi oggetto di occupazione militare o di altre misure di forza dirette o indirette in violazione del diritto inter- nazionale, o oggetto di acquisizione mediante tali misure o la minaccia di esse. Nessuna occupa- zione o acquisizione del genere sarà riconosciuta come legittima.
V. Composizione pacifica delle controversie
Gli Stati partecipanti regolano le controversie fra loro con mezzi pacifici in modo da non mettere in pericolo la pace e la sicurezza internazionali e la giustizia.
Si sforzano, in buona fede e con spirito di cooperazione, di giungere ad una soluzione rapida ed equa sulla base del diritto internazionale. A tale scopo, si servono di mezzi quali il negoziato, l’in- chiesta, la mediazione, la conciliazione, l’arbitrato, la composizione giudiziale o altri mezzi pacifici di loro scelta, inclusa qualsiasi procedura di regolamento, precedentemente concordata, di con- troversie di cui siano parti.
In caso di mancato raggiungimento di una soluzione mediante uno qualsiasi dei mezzi pacifici summenzionati, le parti in causa continueranno a cercare un modo reciprocamente concordato per risolvere pacificamente la controversia.
Gli Stati partecipanti, parti di una controversia fra loro, nonché gli altri Stati partecipanti si asten- gono da qualsiasi azione che potrebbe aggravare la situazione in modo tale da mettere in pericolo il mantenimento della pace e della sicurezza internazionali e cosi rendere più difficile una solu- zione pacifica della controversia.
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VI. Non intervento negli Affari Interni
Gli Stati partecipanti si astengono da ogni intervento, diretto o indiretto, individuale o collettivo, negli affari interni o esterni che rientrino nella competenza interna di un altro Stato partecipante, quali che siano le loro relazioni reciproche.
Essi si astengono di conseguenza da qualsiasi forma di intervento armato o di minaccia di tale intervento contro un altro Stato partecipante.
Essi si astengono parimenti, in ogni circostanza, da qualsiasi altro atto di coercizione militare, politica, economica o di altro genere inteso a subordinare ai propri interessi l’esercizio da parte di un altro Stato partecipante dei diritti inerenti alla sua sovranità e assicurarsi in tal modo van- taggi di qualsiasi genere.
Di conseguenza, si astengono fra l’altro dall’assistenza diretta o indiretta ad attività terroristiche o ad attività sovversive o di altro genere volte a rovesciare con la violenza il regime di un altro Stato partecipante.
VII. Rispetto dei diritti dell’uomo e delle libertà fondamentali inclusa la libertà di pensiero, coscienza, religione o credo
Gli Stati partecipanti rispettano i diritti dell’uomo e le libertà fondamentali inclusa la libertà di pen- siero, coscienza, religione o credo, per tutti senza distinzione di razza, sesso, lingua o religione.
Essi promuovono e incoraggiano l’esercizio effettivo delle libertà e dei diritti civili, politici, econo- mici, sociali, culturali ed altri che derivano tutti dalla dignità inerente alla persona umana e sono essenziali al suo libero e pieno sviluppo.
In questo contesto gli Stati partecipanti riconoscono e rispettano la libertà dell’individuo di pro- fessare e praticare, solo o in comune con altri, una religione o un credo agendo secondo i dettami della propria coscienza.
Gli Stati partecipanti nel cui territorio esistono minoranze nazionali rispettano il diritto delle per- sone appartenenti a tali minoranze all’uguaglianza di fronte alla legge, offrono loro la piena pos- sibilità di godere effettivamente dei diritti dell’uomo e delle libertà fondamentali e, in tal modo, proteggono i loro legittimi interessi in questo campo.
Gli Stati partecipanti riconoscono il significato universale dei diritti dell’uomo e delle libertà fonda- mentali, il cui rispetto è un fattore essenziale della pace, della giustizia e del benessere necessari ad assicurare lo sviluppo di relazioni amichevoli e della cooperazione fra loro, come fra tutti gli Stati.
Essi rispettano costantemente tali diritti e libertà nei loro reciproci rapporti e si adoperano con- giuntamente e separatamente, nonché in cooperazione con le Nazioni Unite, per promuoverne il rispetto universale ed effettivo.
Essi confermano il diritto dell’individuo di conoscere i propri diritti e doveri in questo campo e di agire in conseguenza.
Nel campo dei diritti dell’uomo e delle libertà fondamentali, gli Stati partecipanti agiscono con- formemente ai fini e ai principi dello Statuto delle Nazioni Unite e alla Dichiarazione Universale dei Diritti dell’Uomo. Inoltre adempiono i loro obblighi quali sono enunciati nelle dichiarazioni
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e negli accordi internazionali pertinenti, ivi compresi fra l’altro i Patti internazionali sui Diritti dell’Uomo, da cui siano vincolati.
VIII. Eguaglianza dei diritti ed autodeterminazione dei popoli
Gli Stati partecipanti rispettano l’eguaglianza dei diritti dei popoli e il loro diritto all’autodetermi- nazione, operando in ogni momento in conformità ai fini e ai principi dello Statuto delle Nazioni Unite e alle norme pertinenti del diritto internazionale, comprese quelle relative all’integrità ter- ritoriale degli Stati.
In virtù del principio dell’eguaglianza dei diritti e dell’autodeterminazione dei popoli, tutti i popoli hanno sempre il diritto, in piena libertà, di stabilire quando e come desiderano il loro regime poli- tico interno ed esterno, senza ingerenza esterna, e di perseguire come desiderano il loro sviluppo politico, economico, sociale e culturale.
Gli Stati partecipanti riaffermano l’importanza universale del rispetto e dell’esercizio effettivo da parte dei popoli dei diritti eguali e dell’autodeterminazione per lo sviluppo di relazioni amiche- voli fra loro come fra tutti gli Stati; essi ricordano anche l’importanza dell’eliminazione di qual- siasi forma di violazione di questo principio.
IX. Cooperazione fra gli Stati
Gli Stati partecipanti svilupperanno la loro cooperazione reciprocamente e con tutti gli Stati in tutti i campi conformemente ai fini e ai principi dello Statuto delle Nazioni Unite. Nello sviluppare la loro cooperazione gli Stati partecipanti daranno particolare rilievo ai settori enunciati nell’am- bito della Conferenza sulla Sicurezza e la Cooperazione in Europa, e ciascuno darà il suo contri- buto in condizioni di piena eguaglianza.
Essi si adopereranno, nello sviluppare la loro cooperazione da eguali, per promuovere reciproca comprensione e fiducia, relazioni amichevoli e di buon vicinato fra loro, pace e sicurezza internazio- nali e giustizia. Essi si adopereranno parimenti, nello sviluppare la loro cooperazione, per miglio- rare il benessere dei popoli e per contribuire al soddisfacimento delle loro aspirazioni mediante, fra l’altro, i vantaggi risultanti da una maggiore conoscenza reciproca e dal progresso e dalle rea- lizzazioni in campo economico, scientifico, tecnico, sociale, culturale e umanitario. Essi si ado- pereranno per promuovere condizioni favorevoli per rendere questi vantaggi accessibili a tutti; essi prenderanno in considerazione l’interesse di tutti nella riduzione dei divari nei livelli di svi- luppo economico, e in particolare l’interesse dei paesi in via di sviluppo in ogni parte del mondo.
Essi confermano che i governi, le istituzioni, le organizzazioni e le persone hanno un ruolo proprio e positivo da svolgere nel contribuire al conseguimento di tali obiettivi della loro cooperazione.
Essi si sforzeranno, nell’incrementare la loro cooperazione come sopra enunciato, di sviluppare relazioni più strette fra loro su una base migliore e più durevole a beneficio dei popoli.
X. Esecuzione in buona fede degli obblighi di diritto internazionale
Gli Stati partecipanti adempiono in buona fede i loro obblighi di diritto internazionale, sia quelli derivanti dai principi e dalle norme di diritto internazionale generalmente riconosciuti, sia quelli derivanti dai trattati e altri accordi, conformi al diritto internazionale, di cui essi sono parti.
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Nell’esercizio dei loro diritti sovrani, compreso il diritto di determinare le loro leggi e regola- menti, essi si conformano ai loro obblighi giuridici di diritto internazionale; essi tengono inoltre in debita considerazione e applicano le disposizioni dell’Atto finale della Conferenza sulla Sicu- rezza e la Cooperazione in Europa.
Gli Stati partecipanti confermano, che nel caso di contrasto fra gli obblighi dei membri delle Nazioni Unite in base allo Statuto delle Nazioni Unite e i loro obblighi in base a qualsiasi trattato o altro accordo internazionale, i loro obblighi in base allo Statuto prevarranno, in conformità all’articolo 103 dello Statuto delle Nazioni Unite.
Tutti i principi sopra enunciati sono di importanza fondamentale e, di conseguenza, saranno appli- cati in modo eguale e senza riserva, ciascuno di essi essendo interpretato tenendo conto degli altri.
Gli Stati partecipanti esprimono la loro determinazione di rispettare ed applicare pienamente que- sti principi, come enunciati nella presente Dichiarazione, in tutti gli aspetti, nelle loro relazioni reciproche e nella loro cooperazione, al fine di assicurare a ciascuno Stato partecipante i vantaggi risultanti dal rispetto e dall’applicazione di questi principi da parte di tutti.
Gli Stati partecipanti, tenendo in debita considerazione i principi sopra enunciati e, in particolare, la prima frase del decimo principio, “Esecuzione in buona fede degli obblighi di diritto internazio- nale”, constatano che la presente Dichiarazione non pregiudica i loro diritti ed obblighi, né i trat- tati ed altri accordi ed intese corrispondenti.
Gli Stati partecipanti esprimono la convinzione che il rispetto di questi principi incoraggerà lo svi- luppo di relazioni normali ed amichevoli, nonché il progresso della cooperazione fra loro in tutti i campi. Esprimono anche la convinzione che il rispetto di questi principi incoraggerà lo sviluppo di contatti politici fra loro, il che a sua volta contribuirà ad una migliore comprensione reciproca delle loro posizioni e dei loro punti di vista.
Gli Stati partecipanti dichiarano la loro intenzione di ispirarsi nelle loro relazioni con tutti gli altri Stati ai principi contenuti nella presente Dichiarazione.
(b) Questioni relative all’attuazione di taluni dei Principi sopra enunciati
i) Gli Stati partecipanti,
Riaffermando che essi rispetteranno e renderanno effettivo l’obbligo di astenersi dalla minaccia o dall’uso della forza e convinti della necessità di farne una regola operante della vita internazionale,
Dichiarano di essere decisi a rispettare e applicare nelle loro relazioni reciproche, fra l’altro, le seguenti disposizioni che sono conformi alla Dichiarazione sui Principi che reggono le rela- zioni fra gli Stati partecipanti: • Dare effetto ed espressione, in tutti i modi e in tutte le forme da essi ritenuti opportuni, all’ob- bligo di astenersi dalla minaccia o dall’uso della forza nelle relazioni fra loro. • Astenersi da qualsiasi uso di forze armate incompatibile con i fini e i principi dello Statuto delle Nazioni Unite e con le disposizioni della Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti, contro un altro Stato partecipante, in particolare dall’invaderne o attac- carne il territorio. • Astenersi da ogni manifestazione di forza volta ad indurre un altro Stato partecipante a rinun- ciare al pieno esercizio dei suoi diritti sovrani.
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• Astenersi da ogni atto di coercizione economica inteso a subordinare ai propri interessi l’eser- cizio da parte di un altro Stato partecipante dei diritti inerenti alla sua sovranità e assicurarsi in tal modo vantaggi di qualsiasi genere. • Prendere misure efficaci che per la loro portata e natura costituiscano delle tappe verso il supremo obiettivo del disarmo generale e completo sotto controllo internazionale rigido ed efficace. • Promuovere, con tutti i mezzi che ciascuno di essi considera appropriati, un clima di fiducia e di rispetto fra i popoli consono al loro dovere di astenersi dalla propaganda a favore delle guerre di aggressione o da qualsiasi minaccia o uso della forza incompatibile con i fini delle Nazioni Unite e con la Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti, con- tro un altro Stato partecipante. • Spiegare ogni sforzo per risolvere esclusivamente con mezzi pacifici qualsiasi controversia fra loro la cui continuazione sia suscettibile di mettere in pericolo il mantenimento della pace e della sicurezza internazionali in Europa, e per ricercare anzitutto una soluzione tramite i mezzi paci- fici enunciati nell’articolo 33 dello Statuto delle Nazioni Unite. • Non ricorrere ad alcuna azione che possa essere di ostacolo alla soluzione pacifica delle contro- versie fra gli Stati partecipanti. (…)
Cooperazione nei Campi dell’Economia, della Scienza e della Tecnica, e dell’Ambiente (…)
6. Cooperazione in altri settori (…)
Aspetti economici e sociali del lavoro migrante
Gli Stati partecipanti,
Considerando che i movimenti dei lavoratori migranti in Europa hanno assunto dimensioni note- voli e che costituiscono un importante fattore economico, sociale e umano, sia nei paesi ospiti che nei paesi di origine,
Riconoscendo che le migrazioni di lavoratori hanno anche dato origine a un certo numero di pro- blemi economici, sociali, umani e di altro genere sia nei paesi di immigrazione che nei paesi di ori- gine,
Tenendo debitamente conto delle attività in questo campo della organizzazioni internazionali com- petenti, in particolare dell’Organizzazione Internazionale del Lavoro, • sono del parere che i problemi sollevati sul piano bilaterale dalla migrazione dei lavoratori in Europa come pure fra gli Stati partecipanti debbano essere trattati dalle parti direttamente inte- ressate, allo scopo di risolvere tali problemi nel loro reciproco interesse, in considerazione della preoccupazione di ciascuno Stato interessato di tenere debitamente conto delle necessità che deri- vano dalla sua situazione socioeconomica, avuto riguardo all’obbligo di ciascuno Stato di confor- marsi agli accordi bilaterali e multilaterali di cui è parte, e avendo presenti gli obiettivi seguenti:
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• incoraggiare gli sforzi dei paesi d’origine diretti ad aumentare le possibilità di impiego per i loro cittadini nei loro stessi territori, in particolare sviluppando una cooperazione economica ade- guata a questo scopo ed adatta ai paesi ospiti e ai paesi interessati; • assicurare, grazie alla cooperazione fra il paese ospite ed il paese d’origine, le condizioni in cui possa avvenire il movimento ordinato dei lavoratori, proteggendo, nel contempo, il loro benes- sere personale e sociale e organizzare, all’occorrenza, il reclutamento ed una elementare prepa- razione linguistica e professionale dei lavoratori migranti; • assicurare la parità di diritto fra i lavoratori migranti e i cittadini del paese ospite per quanto concerne le condizioni di impiego e di lavoro nonché di assicurazione sociale, ed adoperarsi per garantire che i lavoratori migranti possano godere di condizioni soddisfacenti di vita e parti- colarmente di alloggio; • far in modo, per quanto possibile, che i lavoratori migranti fruiscano delle stesse possibilità dei cittadini dei paesi ospiti nel trovare altri impieghi convenienti in caso di disoccupazione; • considerare favorevolmente che ai lavoratori migranti venga concessa una formazione professio- nale e che, per quanto possibile, la lingua del paese ospite venga loro insegnata gratuitamente, nell’ambito della loro occupazione; • confermare il diritto dei lavoratori migranti di ricevere, per quanto possibile, un’informazione regolare nella loro lingua, riguardante sia il loro paese di origine che il paese ospite; • assicurare che i figli dei lavoratori migranti stabiliti nel paese ospite abbiano accesso all’istru- zione ivi normalmente impartita alle stesse condizioni dei bambini di quel paese e, inoltre, permettere loro di ricevere una istruzione supplementare nella loro lingua, cultura nazionale, storia e geografia; • tener presente che i lavoratori migranti, particolarmente quelli che hanno acquisito qualifiche, al rientro nei loro paesi dopo un certo periodo di tempo, possono contribuire a ovviare alla penuria di manodopera qualificata nel loro paese di origine; • facilitare, in tutta la misura del possibile, la riunificazione dei lavoratori migranti con le loro famiglie; • considerare con favore gli sforzi effettuati dai paesi d’origine per attirare il risparmio dei lavo- ratori migranti allo scopo di accrescere, nel quadro del loro sviluppo economico, le possibilità di impiego appropriate agevolando così il reinserimento di tali lavoratori al loro ritorno. (…)
Cooperazione nel settore umanitario e in altri settori
Gli Stati partecipanti,
Desiderosi di contribuire al rafforzamento della pace e della comprensione tra i popoli ed all’arric- chimento spirituale della personalità umana senza distinzione di razza, sesso, lingua o religione,
Coscienti del fatto che maggiori scambi nel campo della cultura e dell’educazione, una più ampia diffusione dell’informazione, l’estensione dei contatti tra le persone e la soluzione di problemi umanitari contribuiranno al conseguimento di tali fini,
Decisi quindi a cooperare tra di loro, indipendentemente dai loro sistemi politici, economici e sociali, al fine di creare migliori condizioni nei campi summenzionati, di sviluppare e consoli- dare le forme di cooperazione esistenti e di elaborare nuovi modi e mezzi appropriati a tali obiettivi,
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Convinti che tale cooperazione dovrebbe avere luogo nel pieno rispetto dei Principi che reggono le relazioni tra gli Stati partecipanti enunciati nel relativo documento,
Hanno adottato quanto segue:
1. Contatti fra persone
Gli Stati partecipanti,
Considerando lo sviluppo dei contatti come un elemento importante del rafforzamento delle rela- zioni amichevoli e della fiducia tra i popoli,
Affermando l’importanza che essi attribuiscono, in relazione ai loro attuali sforzi per migliorare le condizioni in tale campo, alle considerazioni umanitarie,
Desiderando in questo spirito di sviluppare, con la prosecuzione della distensione, ulteriori sforzi volti a realizzare un continuo progresso in tale campo
E consapevoli che le questioni in materia debbono essere regolate dagli Stati interessati a condi- zioni reciprocamente accettabili,
Si prefiggono come obiettivo di facilitare una maggiore libertà di movimento e di contatti, sul piano individuale e collettivo, privato o ufficiale, fra le persone, le istituzioni e le organizzazioni degli Stati partecipanti, e di contribuire alla soluzione dei problemi di interesse umano che sor- gono a tale riguardo,
Si dichiarano pronti a adottare a tali fini le misure che essi considerano appropriate, nonché a con- cludere, ove necessario, accordi o intese tra loro, e
Esprimono l’intenzione, sin d’ora di procedere all’applicazione di quanto segue:
(a) Contatti e incontri regolari sulla base dei legami familiari
Allo scopo di promuovere l’ulteriore sviluppo di contatti sulla base dei legami familiari gli Stati partecipanti esamineranno favorevolmente le richieste di spostamento, al fine di permettere alle persone l’entrata o l’uscita dal proprio territorio, a titolo temporaneo e, se si desidera, su una base di regolarità, per visitare membri delle loro famiglie.
Le richieste concernenti spostamenti temporanei allo scopo di visitare membri delle proprie fami- glie saranno trattate senza distinzione riguardo al Paese di origine o di destinazione: le forma- lità richieste per il rilascio di documenti di viaggio e dei visti saranno applicate in tale spirito. La preparazione e il rilascio di tali documenti e visti avranno luogo entro termini ragionevoli; i casi di urgente necessità – quali gravi malattie o decessi – riceveranno trattamento prioritario. Essi prenderanno le misure che possono essere necessarie per far sì che gli oneri imposti per il rilascio di documenti ufficiali di viaggio e dei visti siano di entità accettabile.
Essi riaffermano che la presentazione di una richiesta relativa a contatti motivati da legami familiari non comporterà modifiche dei diritti e degli obblighi del richiedente o di membri della sua famiglia.
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(b) Riunificazione delle famiglie
Gli Stati partecipanti esamineranno in uno spirito positivo ed umano le domande presentate da persone che desiderino ricongiungersi ai membri della loro famiglia, prestando particolare atten- zione alle richieste di carattere urgente – come quelle provenienti da persone ammalate o anziane.
Essi tratteranno la domanda in questo campo con tutta la diligenza possibile.
Essi ridurranno ove necessario gli oneri ai quali tali domande sono soggette in modo che siano a un livello ragionevole.
Le domande per motivi di riunificazione familiare che non siano state accolte potranno essere rin- novate al livello appropriato e saranno riesaminate dalle autorità, secondo i casi, dei Paesi di resi- denza o di destinazione a intervalli ragionevolmente brevi; in tali casi gli oneri saranno percepiti soltanto quando le domande siano state accolte.
Le persone le cui domande di riunificazione alle famiglie siano state accolte potranno portare con sé o spedire le loro masserizie, effetti e oggetti personali; a tale fine gli Stati partecipanti utilizze- ranno tutte le possibilità offerte dai regolamenti in vigore.
Nell’attesa di essere definitivamente riuniti, i membri di una stessa famiglia potranno incon- trarsi e stabilire contatti fra loro conformemente alle modalità concernenti i contatti sulla base dei legami familiari.
Gli Stati partecipanti appoggeranno le attività svolte dalle Società della Croce Rossa e della Mez- zaluna Rossa che si occupano dei problemi relativi alla riunificazione delle famiglie.
Essi confermano.che la presentazione di una domanda relativa alla riunificazione di una famiglia non comporterà modifiche dei diritti e degli obblighi del richiedente o di membri della sua famiglia.
Lo Stato partecipante di accoglimento prenderà le misure opportune per quanto concerne l’occu- pazione delle persone provenienti da altri Stati partecipanti le quali assumano residenza perma- nente in detto Stato allo scopo di ricongiungersi con i membri della loro famiglia che siano cittadini dello Stato medesimo, e farà in modo che vengano loro offerte possibilità di educazione, assistenza sanitaria e previdenza sociale uguali a quelle di cui dispongono i propri cittadini.
(c) Matrimoni tra cittadini di Stati diversi
Gli Stati partecipanti esamineranno favorevolmente, ispirandosi a considerazioni umanitarie, le richieste di permessi di uscita o di entrata da parte di persone che abbiano deciso di sposare un cittadino di altro Stato partecipante.
La trattazione delle pratiche e il rilascio dei documenti richiesti per gli scopi summenzionati non- ché per la celebrazione del matrimonio saranno conformi alle disposizioni accettate per la riuni- ficazione delle famiglie.
Gli Stati partecipanti applicheranno ugualmente le disposizioni accettate per la riunificazione delle famiglie allorché esamineranno le domande presentate da persone provenienti da Paesi parteci- panti diversi allo scopo di trasferire, a matrimonio avvenuto, la residenza permanente loro e dei figli minori nello Stato di normale residenza dell’una o dell’altra.
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(d) Viaggi per motivi personali o professionali
Gli Stati partecipanti intendono facilitare più largamente gli spostamenti di loro cittadini per motivi personali o professionali, e a tale scopo intendono in particolare: • semplificare gradualmente e trattare con flessibilità le pratiche per l’uscita e l’entrata; • alleggerire i regolamenti relativi ai movimenti nel loro territorio di cittadini degli Stati parteci- panti, tenendo debitamente conto delle esigenze di sicurezza.
Essi si sforzeranno di ridurre gradualmente, ove necessario, gli oneri imposti per i visti e i docu- menti ufficiali di viaggio.
Essi intendono esaminare, se necessario, i mezzi – compresa, nella misura in cui ciò sia appro- priato, la conclusione di convenzioni consolari multilaterali o bilaterali o altri accordi o strumenti in materia – in vista di migliorare le intese relative ai servizi consolari, compresa l’assistenza legale e consolare.
Essi confermano che i culti religiosi e le istituzioni ed organizzazioni religiose, operanti nel qua- dro costituzionale degli Stati partecipanti, ed i loro rappresentanti possono, nell’ambito della loro attività, avere fra loro contatti e incontri, nonché scambiare informazioni.
(e) Miglioramento delle condizioni per il turismo individuale o collettivo
Gli Stati partecipanti considerano che il turismo contribuisce alla migliore conoscenza della vita, della cultura e della storia degli altri paesi, all’incremento della comprensione fra i popoli, al miglio- ramento dei contatti e ad un più largo uso del tempo libero. Essi intendono promuovere lo sviluppo del turismo individuale e collettivo, e in particolare intendono: • promuovere le visite ai loro rispettivi Paesi, incoraggiando la fornitura di servizi appropriati e lo snellimento e l’accelerazione delle formalità necessarie per tali visite; • incrementare, sulla base, ove necessario, di accordi o intese appropriati, la cooperazione per lo sviluppo del turismo, considerando in particolare in sede bilaterale le possibilità di incrementare le informazioni relative ai viaggi negli altri Paesi, all’accoglimento dei turisti e alla disponibilità dei servizi, nonché le altre questioni di reciproco interesse concernenti la materia.
(f) Incontri fra i giovani
Gli Stati partecipanti intendono promuovere lo sviluppo di contatti e scambi fra i giovani, inco- raggiando: • maggiori scambi e contatti a breve o a lungo termine fra i giovani che lavorano, che ricevono una formazione professionale o che attendono agli studi, mediante accordi bilaterali o multila- terali o mediante programmi regolari in tutti i casi ove ciò sia possibile; • lo studio, da parte delle loro organizzazioni giovanili, delle possibilità di concludere accordi concernenti le modalità della cooperazione multilaterale fra i giovani; • accordi o programmi regolari relativi all’organizzazione di scambi di studenti di seminari gio- vanili internazionali, di corsi di formazione professionale e di studio delle lingue estere; • l’ulteriore espansione del turismo giovanile e la concessione di mezzi adeguati a tale scopo;
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• lo sviluppo, laddove possibile, degli scambi, dei contatti e della cooperazione su base bilaterale o multilaterale fra le organizzazioni che rappresentino larghe categorie di giovani che lavorano, che ricevono una formazione professionale o attendono agli studi; • la consapevolezza fra i giovani dell’importanza di sviluppare la comprensione reciproca e di raf- forzare le relazioni amichevoli e la fiducia fra i popoli.
(g) Sport
Al fine di intensificare i legami e la cooperazione esistenti nel campo dello sport, gli Stati parteci- panti incoraggeranno i contatti e gli scambi in tale settore, ivi compresi gli incontri e le competi- zioni sportive di ogni genere, fondandosi sulle norme, i regolamenti e gli usi internazionali in vigore.
(h) Sviluppo dei contatti
Nella prospettiva dell’ulteriore sviluppo dei contatti fra istituzioni governative e organizzazioni ed associazioni non governative, ivi comprese le organizzazioni femminili, gli Stati partecipanti faciliteranno la convocazione di riunioni nonché gli spostamenti di delegazioni, di gruppi e di singole persone.
2. Informazione
Gli Stati partecipanti,
Consapevoli del bisogno di una sempre più larga conoscenza e comprensione dei vari aspetti della vita negli altri Stati partecipanti,
Riconoscendo l’apporto di tale processo all’accrescimento della fiducia tra i popoli,
Desiderando di continuare ad accrescere, con lo sviluppo della reciproca comprensione fra gli Stati partecipanti e con l’ulteriore miglioramento delle loro relazioni gli sforzi volti a conseguire pro- gressi in questo campo,
Riconoscendo l’importanza della diffusione dell’informazione proveniente dagli altri Stati parte- cipanti e di una migliore conoscenza di tale informazione,
Sottolineando quindi il ruolo essenziale e l’influenza della stampa, della radio, della televisione, del cinema, delle agenzie di stampa nonché dei giornalisti che operano in questi campi,
Si propongono di facilitare una più libera e ampia diffusione di ogni tipo di informazione, di inco- raggiare la cooperazione nel campo dell’informazione e lo scambio di informazioni con altri paesi nonché di migliorare le condizioni in cui i giornalisti di uno Stato partecipante esercitano la loro attività professionale in un altro Stato partecipante, ed
Esprimono la loro intenzione in particolare:
(a) Miglioramento della diffusione, dell’accesso e dello scambio di informazione
(i) Informazione orale • Di facilitare la diffusione dell’informazione orale incoraggiando conferenze e cicli di conferenze tenuti da personalità e specialisti degli altri Stati partecipanti, e mediante lo scambio di opinioni
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in occasione di tavole rotonde, seminari, simposi, corsi estivi, congressi e altri incontri bilate- rali o multilaterali.
(ii) Informazione scritta • Di facilitare il miglioramento della diffusione, sul loro territorio, dei giornali e delle pubblica- zioni stampate, periodiche e non periodiche, degli altri Stati partecipanti. A tal fine:
essi incoraggeranno le loro imprese e gli organismi competenti a concludere accordi e contratti intesi ad aumentare gradualmente i quantitativi ed il numero di testate di giornali e pubblica- zioni importati dagli altri Stati partecipanti. Tali accordi e contratti menzioneranno in partico- lare le condizioni di consegna più rapide e l’utilizzazione dei canali abituali esistenti in ogni paese per la distribuzione delle proprie pubblicazioni e dei propri giornali, nonché le forme e i mezzi di pagamento, convenuti tra le parti, che consentano il raggiungimento degli obiettivi previsti da detti accordi e contratti; adotteranno, ove necessario, misure appropriate per realizzare gli obiet- tivi di cui sopra e per applicare le disposizioni contenute negli accordi e nei contratti. • Di contribuire e migliorare l’accesso del pubblico alle pubblicazioni stampate, periodiche e non periodiche, importate sulle basi sopra indicate. In particolare: – essi incoraggeranno l’aumento del numero dei punti di vendita di tali pubblicazioni; – agevoleranno l’offerta di tali pubblicazioni periodiche durante i congressi, le conferenze, le visite ufficiali e le altre manifestazioni internazionali nonché ai turisti durante la stagione; – svilupperanno le possibilità di abbonamento secondo le modalità proprie di ciascun paese; – miglioreranno le possibilità di lettura e di prestito di tali pubblicazioni nelle grandi bibliote- che pubbliche e nelle loro sale di lettura nonché nelle biblioteche universitarie.
Essi intendono migliorare le possibilità di conoscenza dei bollettini di informazione ufficiali pub- blicati dalle rappresentanze diplomatiche e distribuiti da tali rappresentanze conformemente a intese accettabili per le parti interessate.
(iii) Informazione filmata e radioteletrasmessa. • Di promuovere il miglioramento della diffusione della informazione filmata e radioteletra- smessa. A tal fine: – essi incoraggeranno una più estesa proiezione in sala e diffusione alla radio e alla televisione di una maggiore varietà di informazioni registrate e filmate, provenienti dagli altri Stati par- tecipanti e che illustrino i vari aspetti della vita di tali paesi, informazioni ricevute sulla base degli accordi o delle intese che fossero necessari fra le organizzazioni e le imprese diretta- mente interessate; – faciliteranno l’importazione da parte delle organizzazioni e delle imprese competenti di mate- riale registrato audiovisivo proveniente dagli altri Stati partecipanti.
Gli Stati partecipanti notano l’espansione della diffusione dell’informazione radiotrasmessa ed esprimono la speranza che tale processo continui, in modo da corrispondere all’interesse della comprensione reciproca fra i popoli e agli obiettivi fissati da questa Conferenza.
(b) Cooperazione nel campo dell’informazione
Di incoraggiare la cooperazione nel campo dell’informazione sulla base di accordi o intese a breve o a lungo termine. In particolare:
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• essi favoriranno una maggiore cooperazione fra gli organi di informazione di massa, ivi com- prese le agenzie di stampa, nonché fra le organizzazioni e le case editrici; • favoriranno la cooperazione fra gli enti radio-televisivi pubblici o privati, nazionali o interna- zionali, in particolare mediante lo scambio di programmi radiotelevisivi sia in diretta sia regi- strati, nonché mediante la coproduzione, la trasmissione e la distribuzione di tali programmi; • incoraggeranno incontri e contatti sia fra le organizzazioni dei giornalisti sia fra i giornalisti degli Stati partecipanti; • considereranno favorevolmente le possibilità di intese fra pubblicazioni periodiche nonché fra i giornali degli Stati partecipanti, in vista dello scambio e della pubblicazione di articoli; • incoraggeranno lo scambio di informazioni tecniche nonché l’organizzazione di ricerche comuni e di incontri dedicati allo scambio di esperienze e di vedute fra esperti nel settore della stampa, della radio e della televisione.
(c) Miglioramento delle condizioni di lavoro dei giornalisti
Gli Stati partecipanti, desiderosi di migliorare le condizioni nelle quali i giornalisti di uno Stato partecipante esercitano la loro professione in un altro Stato partecipante, intendono in particolare: • esaminare con spirito favorevole ed entro un termine appropriato e ragionevole le domande di visto da parte dei giornalisti; • accordare ai giornalisti degli Stati partecipanti accreditati a titolo permanente, sulla base di intese, visti di entrata o di uscita multipli per periodi determinati; • facilitare il rilascio, ai giornalisti degli Stati partecipanti in essi accreditati, di permessi di sog- giorno nel paese di residenza temporanea nonché, ove e quando necessario, il rilascio degli altri documenti ufficiali dei quali sia opportuno che essi siano muniti; • alleggerire, su base di reciprocità, le procedure concernenti gli spostamenti dei giornalisti degli Stati partecipanti nel paese dove essi esercitano la loro professione, e offrire progressivamente più larghe possibilità per tale specie di spostamenti, salva l’osservanza dei regolamenti concer- nenti l’esistenza di zone vietate per motivi di sicurezza; • assicurare che le richieste di detti giornalisti concernenti tali spostamenti ottengano, per quanto possibile, un sollecito corso, tenendo conto della scadenza indicata dal richiedente; • ampliare le possibilità per i giornalisti degli Stati partecipanti di comunicare personalmente con le loro fonti di informazione, comprese tra queste le organizzazioni e le istituzioni ufficiali; • accordare ai giornalisti degli Stati partecipanti il diritto di importare, con il solo onere di rie- sportarla, l’attrezzatura tecnica (macchine fotografiche e cinematografiche, registratori, mezzi radio e televisivi) necessaria per l’esercizio della loro professione;* • mettere i giornalisti degli altri Stati partecipanti, accreditati a titolo permanente o temporaneo, in condizione di trasmettere completamente, regolarmente e con rapidità utilizzando i mezzi riconosciuti dagli Stati partecipanti, agli organi di informazione da loro rappresentati, i risul- tati della loro attività professionale compresi i nastri registrati e le pellicole e i films non svilup- pati, a fini di pubblicazione o di trasmissione per radio o televisione.
* Pur constatando che in molti casi i giornalisti stranieri utilizzano personale locale idoneo, gli Stati partecipanti notano che tutte le disposizioni di cui sopra si applicherebbero, salva l’osservanza dei regolamenti appropriati, alle persone provenienti dagli altri Stati partecipanti che siano regolarmente e professionalmente impiegate in qualità di tecnici, fotografi o operatori di macchina per conto della stampa, della radio, della televisione o del cinema.
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Gli Stati partecipanti riaffermano che nel legittimo svolgimento della loro attività professionale i giornalisti non saranno espulsi né in qualsiasi altro modo penalizzati. Ove un giornalista accre- ditato fosse espulso, egli sarà informato delle ragioni di tale misura e potrà presentare domanda per il riesame del suo caso.
3. Cooperazione e scambi nel campo della cultura
Gli Stati partecipanti,
Considerando che gli scambi e la cooperazione culturali contribuiscono ad una migliore com- prensione fra gli uomini e fra i popoli, e favoriscono in tal modo un’intesa durevole fra gli Stati,
Confermando le conclusioni già formulate in questo campo per via multilaterale, in particolare alla Conferenza intergovernativa sulle politiche culturali in Europa, organizzata d all’UNESCO a Hel- sinki nel giugno 1972 e nella quale è emerso l’interesse per una partecipazione attiva degli strati sociali più larghi possibile ad una vita culturale sempre più diversificata,
Intendendo continuare e intensificare, con lo sviluppo della fiducia reciproca e il progressivo miglio- ramento delle relazioni fra gli Stati partecipanti, i loro sforzi in vista di un progresso in questo campo,
Disposti in questo spirito ad incrementare sostanzialmente i loro scambi culturali, sia per quanto concerne le persone che le opere, e a sviluppare fra di loro una cooperazione attiva, sia sul piano bilaterale che multilaterale, in tutti i campi della cultura,
Convinti che tale intensificazione dei loro rapporti reciproci contribuirà ad arricchire le rispet- tive cultura nel rispetto dell’originalità di ciascuna, nonché a rafforzare fra di essi la coscienza dei valori comuni pur continuando a sviluppare la cooperazione culturale con gli altri paesi del mondo,
Dichiarano di proporsi in comune i seguenti obiettivi: (a) sviluppare l’informazione reciproca in vista di una migliore conoscenza delle rispettive rea- lizzazioni culturali, (b) migliorare le possibilità di scambi e di diffusione dei beni culturali, (c) favorire l’accesso di tutti alle rispettive realizzazioni culturali (d) sviluppare i contatti e la cooperazione fra le persone che svolgono un’attività culturale, (e) ricercare nuovi campi e nuove forme di cooperazione culturale,
Manifestano in tal modo la loro comune volontà di condurre un’azione progressiva, coerente e a lungo termine, in vista di realizzare gli obiettivi della presente dichiarazione; e
Esprimono l’intenzione, sin d’ora di procedere all’applicazione di quanto segue:
Estensione delle relazioni
Estendere e migliorare ai vari livelli la cooperazione e i legami nel campo della cultura, in particolare: • concludendo se del caso, su base bilaterale o multilaterale, accordi che prevedano l’estensione delle relazioni tra le istituzioni statali e le organizzazioni non governative competenti nel campo della cultura nonché tra le persone impegnate in tale campo, tenendo conto sia della necessità di una certa flessibilità sia della necessità dell’applicazione più completa possibile degli accordi
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esistenti, tenendo presente altresì che gli accordi e le altre intese in questione costituiscono stru- menti importanti per lo sviluppo della cooperazione e degli scambi culturali; • contribuendo allo sviluppo, fra le istituzioni statali o le organizzazioni non governative compe- tenti, di comunicazioni e cooperazione dirette, ivi comprese, se necessario, le forme di comuni- cazioni e cooperazione realizzate sulla base di accordi e intese speciali; • promuovendo fra le persone impegnate nel campo della cultura, contatti e comunicazioni dirette, ivi inclusi, se necessario, i contatti e le comunicazioni realizzati sulla base di accordi e intese speciali.
Conoscenza reciproca
Adottare, nell’ambito della loro competenza, misure opportune, sul piano bilaterale e multilate- rale, per dare ai loro popoli una più ampia e più completa conoscenza reciproca delle loro realiz- zazioni nei vari campi della cultura, e fra questi: • studiare in comune, se necessario con il concorso di organizzazioni internazionali appropriate, la possibilità di creazione e la eventuale struttura di una banca europea di dati culturali che rac- colga informazioni provenienti dai paesi partecipanti e le fornisca, su richiesta, ai propri corri- spondenti, e convocare a tal fine una riunione di esperti degli Stati interessati; • considerare, con il concorso, se necessario, delle organizzazioni internazionali appropriate, metodi che consentano di istituire in Europa un repertorio di film documentari a carattere cul- turale o scientifico realizzati negli Stati partecipanti; • promuovere esposizioni più frequenti di libri, ed esaminare la possibilità di organizzare perio- dicamente in Europa una grande esposizione di libri provenienti dagli Stati partecipanti; • favorire fra le loro rispettive istituzioni e case editrici, lo scambio sistematico di cataloghi di libri disponibili nonché di libri in corso di pubblicazione che comprendono, per quanto possibile, tutte le pubblicazioni future; stimolare inoltre gli scambi di materiale documentario fra le case editrici di opere enciclopediche al fine di migliorare la presentazione di ogni paese; • esaminare congiuntamente i problemi dell’estensione e del miglioramento dello scambio delle informazioni nei diversi campi della cultura quali il teatro, la musica, le attività di biblioteca nonché la conservazione e il restauro dei beni culturali.
Scambi e diffusione
Contribuire a migliorare le possibilità di scambi e di diffusione dei beni culturali, attraverso mezzi appropriati, in particolare: • studiando le possibilità di armonizzare e alleggerire gli oneri che gravano sugli scambi com- merciali internazionali di libri e di altri materiali culturali, nonché nuovi metodi per assicurare le opere d’arte nelle esposizioni all’estero e per ridurre i rischi di danno o di perdita a cui tali opere sono esposte a causa del loro movimento; • facilitando il disbrigo, entro termini compatibili con il calendario delle manifestazioni artisti- che, delle formalità doganali relative alle opere d’arte, ai materiali e agli accessori figuranti negli elenchi concordati dagli organizzatori di queste manifestazioni; • incoraggiando incontri fra i rappresentanti delle organizzazioni competenti e delle imprese interessate per esaminare misure di loro competenza, quali la semplificazione delle commesse, i termini di fornitura e le modalità di pagamento, che possano facilitare gli scambi commer- ciali internazionali di libri;
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• incoraggiando i prestiti e gli scambi di film fra i loro istituti di studi cinematografici e le loro cineteche; • incoraggiando lo scambio delle informazioni fra le parti interessate concernenti manifesta- zioni di carattere culturale indette negli Stati partecipanti nei campi più idonei a tali fini quali la musica, il teatro e le arti figurative, al fine di contribuire alla compilazione e alla pubblica- zione di un calendario di tali manifestazioni con l’assistenza, se necessario, delle competenti organizzazioni internazionali; • incoraggiando lo studio degli effetti che la prevedibile evoluzione dei mezzi tecnici utilizzati per la diffusione della cultura e l’eventuale armonizzazione di tali mezzi fra le parti interessate potrebbero avere sullo sviluppo della cooperazione e degli scambi culturali, tenendo tuttavia presente la salvaguardia della diversità e dell’originalità delle rispettive culture; • incoraggiando nel modo che essi giudicano appropriato, nel quadro della loro politica culturale, lo sviluppo dell’interesse per il patrimonio culturale degli altri Stati partecipanti, consapevoli dei meriti e del valore di ciascuna cultura; • curando la piena ed effettiva applicazione degli accordi e delle convenzioni internazionali sui diritti d’autore e sulla diffusione dei beni culturali, di cui essi sono parte o a cui decidessero di aderire in futuro.
Accesso
Favorire reciprocamente un più ampio accesso per tutti alle realizzazioni – opere, esperienze e interpretazioni – nei diversi campi della cultura dei loro paesi, e compiere a tale fine i massimi sforzi possibili in conformità alla loro competenza, in particolare: • favorire una più larga diffusione dei libri e delle opere artistiche, in particolare: – facilitando, tenendo nello stesso tempo pienamente conto delle convenzioni internazionali sui diritti d’autore di cui sono parti, i contatti e le comunicazioni internazionali fra autori e case editrici nonché fra altre istituzioni culturali, in vista di un più completo accesso reci- proco alle realizzazioni culturali; – raccomandando che, nel determinare il volume delle tirature, le case editrici tengano inoltre conto della domanda da parte degli altri Stati partecipanti, e che ove possibile i diritti di ven- dita siano ceduti negli altri Stati partecipanti, d’accordo con i partners interessati, a più orga- nizzazioni di vendita dei paesi importatori; – incoraggiando le organizzazioni competenti e le imprese interessate a concludere accordi e contratti, e contribuendo, in tal modo, ad aumentare gradualmente il numero e la varietà delle opere di autori degli altri Stati partecipanti, disponibili, in originale e in traduzione, nelle loro biblioteche e librerie; – favorendo, ove ritenuto opportuno, l’aumento del numero dei punti in cui saranno messi in vendita i libri di autori di altri Stati partecipanti, importati in originale sulla base di accordi e contratti, e in traduzione; – favorendo su una più ampia scala la traduzione di opere nel campo della letteratura e in altri campi dell’attività culturale prodotte nelle lingue degli altri Stati partecipanti e in partico- lare in quelle meno diffuse nonché la pubblicazione e la diffusione di opere tradotte, e ciò in particolare: – incoraggiando contatti più regolari fra le case editrici interessate; – intensificando i loro sforzi per quanto concerne la formazione e il perfezionamento dei tra- duttori;
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– stimolando, con mezzi idonei, le case editrici dei loro paesi a pubblicare traduzioni; – facilitando lo scambio, fra gli editori e gli organismi interessati, di elenchi di libri che potreb- bero essere tradotti; – favorendo fra i loro paesi l’attività professionale e la cooperazione dei traduttori; – intraprendendo in collaborazione studi sui mezzi per favorire ulteriormente le traduzioni e la loro diffusione; migliorando ed allargando lo scambio di libri, bibliografie e schede biblio- grafiche tra biblioteche; • considerare altre misure appropriate che permettano, ove necessario in base ad accordo reci- proco fra le parti interessate, di facilitare l’accesso alle loro rispettive realizzazioni culturali, in particolare nel settore del libro; • contribuire con mezzi appropriati ad una più ampia utilizzazione dei mezzi di informazione di massa per migliorare la reciproca conoscenza della vita culturale di ciascuno di essi; • cercare di migliorare le condizioni necessarie affinché i lavoratori migranti e le loro famiglie pos- sano ad un tempo conservare i loro legami con la propria cultura nazionale e adattarsi al loro nuovo ambiente culturale; • incoraggiare gli organismi e le imprese competenti ad una scelta e ad una distribuzione più ampia dei lungometraggi e documentari degli altri Stati partecipanti nonché favorire program- mazioni non commerciali più frequenti, quali prime visioni, settimane cinematografiche e festi- vals, prendendo in debita considerazione i film dei paesi le cui realizzazioni cinematografiche sono meno conosciute; • favorire con i mezzi appropriati, nel quadro delle norme esistenti per il lavoro su tale materiale di archivio, l’ampliamento delle possibilità di lavoro degli specialisti degli altri Stati partecipanti sul materiale di carattere culturale degli archivi cinematografici e audiovisivi; • incoraggiare uno studio congiunto da parte degli enti interessati e, ove necessario con il con- corso delle organizzazioni internazionali competenti, sull’opportunità e sulle condizioni di cre- azione di un repertorio dei loro programmi televisivi registrati a carattere culturale nonché sui mezzi che permettano di visionarli rapidamente per facilitarne la scelta e l’eventuale acquisto.
Contatti e cooperazione
Contribuire con mezzi appropriati allo sviluppo dei contatti e della cooperazione nei vari campi della cultura, in particolare fra creatori e persone che esercitano attività culturali, adoperandosi in particolare a: • favorire i viaggi e gli incontri di persone che esercitano un’attività culturale ivi compresi, ove necessario, quelli che si realizzano sulla base di accordi, contratti o altre intese speciali e che attengono alla loro cooperazione culturale; • incoraggiare in tal modo i contatti fra creatori, interpreti e gruppi artistici al fine di lavorare insieme, di far conoscere le loro opere in altri Stati partecipanti o di scambiare punti di vista su argomenti attinenti alla loro attività comune; • incoraggiare, ove necessario con intese appropriate, gli scambi di tirocinanti e di specialisti e la concessione di borse di studio per la formazione e il perfezionamento nei vari settori della cul- tura quali le arti e l’architettura, i musei e le biblioteche, gli studi letterari e la traduzione e con- tribuire a creare condizioni favorevoli di accoglienza nelle loro rispettive istituzioni; • incoraggiare lo scambio delle conoscenze acquisite nel campo della formazione degli organiz- zatori di attività culturali nonché degli insegnanti e degli specialisti in campi quali il teatro, l’o- pera, il balletto, la musica e le belle arti;
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• continuare ad incoraggiare l’organizzazione di incontri internazionali fra creatori, e in partico- lare giovani creatori, sulle questioni attuali della creazione artistica e letteraria che presentano interesse al fine di studi in comune; • studiare le altre possibilità di sviluppare gli scambi e la cooperazione fra le persone che eser- citano un’attività culturale, in vista di una migliore conoscenza reciproca della vita culturale degli Stati partecipanti.
Campi e forme di cooperazione
Incoraggiare la ricerca di nuovi campi e di nuove forme di cooperazione culturale, contribuendo a tal fine alla conclusione fra le parti interessate, ove necessario, di accordi e intese appropriati; e in tale contesto favorire: • studi in comune relativi alle politiche culturali, in particolare sotto i loro aspetti sociali, nonché nei loro rapporti con le politiche della pianificazione, dell’urbanistica, dell’educazione, dell’am- biente, nonché gli aspetti culturali del turismo; • lo scambio di conoscenze in materia di diversità culturale, in modo da contribuire così ad una migliore comprensione di tale diversità, ove essa si manifesta, da parte degli interessati; • lo scambio di informazioni e, ove appropriato, gli incontri di esperti, la messa a punto e l’esecu- zione di programmi e progetti di ricerca, nonché la loro valutazione in comune e la diffusione dei risultati nelle materie qui sopra indicate; • forme di cooperazione culturale e lo sviluppo di realizzazioni congiunte quali: le manifestazioni internazionali nei settori delle arti figurative, del cinema, del teatro, del balletto, della musica, del folklore, ecc.; le fiere e le esposizioni di libri, le rappresentazioni in comune di opere liriche o drammatiche, nonché le esecuzioni di solisti, complessi strumentali, orchestre, cori e altri gruppi artistici, ivi compresi quelli che sono composti da dilettanti, tenendo in debita conside- razione l’organizzazione di manifestazioni culturali internazionali della gioventù e dello scam- bio di giovani artisti; • l’inclusione di opere di scrittori e compositori degli altri Stati partecipanti nel repertorio di soli- sti e di complessi artistici; • la preparazione, la traduzione e pubblicazione di articoli, di studi e monografie, nonché di libri a basso prezzo e di collane d’arte e di letteratura, atti a far conoscere meglio le rispettive realiz- zazioni culturali, prevedendo a tale scopo incontri tra esperti e rappresentanti di case editrici; • la coproduzione e lo scambio di films, nonché di programmi radiotelevisivi, favorendo in par- ticolare gli incontri tra produttori, tecnici e rappresentanti dei pubblici poteri, onde creare con- dizioni favorevoli per l’esecuzione di progetti concreti comuni e incoraggiando, nel campo della coproduzione, la costituzione di troupes cinematografiche internazionali; • l’organizzazione di concorsi d’architettura e d’urbanistica, prevedendo l’eventuale attuazione dei migliori progetti e la formazione, quando è possibile, di équipes internazionali; • l’attuazione di progetti comuni di salvaguardia, di restauro e di valorizzazione di opera arti- stiche, monumenti e siti storici e archeologici di interesse culturale, con il concorso, nei casi appropriati, di organizzazioni internazionali governative e non governative, nonché di istitu- zioni private, competenti e attive in tale campo; e ciò, in particolare, prevedendo: – riunioni periodiche di esperti delle parti interessate per elaborare le proposte necessarie, tenendo presente la necessità di considerare tali questioni in un più ampio contest econo- mico e sociale;
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– la pubblicazione, nei periodici appropriati, di articoli destinati a far conoscere e confrontare fra gli Stati partecipanti le realizzazioni e innovazioni più significative; – lo studio in comune, in vista del loro miglioramento e della loro eventuale armonizzazione, dei vari sistemi impiegati per inventariare e catalogare i monumenti storici e i siti di interesse culturale nei loro paesi; – lo studio delle possibilità di organizzare corsi internazionali per la formazione di specialisti delle varie discipline relative al restauro.
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Minoranze nazionali o culture regionali.
Gli Stati partecipanti, riconoscendo il contributo che le minoranze nazionali o le culture regionali possono apportare alla cooperazione tra di essi in diversi campi della cultura, si propongono, lad- dove esistano sul loro territorio tali minoranze o culture, e tenendo conto degli interessi legittimi dei loro membri, di facilitare questo contributo.
4. Cooperazione e scambi nel campo dell’educazione
Gli Stati partecipanti,
Consapevoli che lo sviluppo delle relazioni internazionali nei campi dell’educazione e della scienza contribuisce ad una migliore comprensione reciproca ed è vantaggioso per tutti i popoli nonché di beneficio alle generazione future,
Disposti a facilitare, fra le organizzazioni, le istituzioni e le persone che operano nel campo dell’e- ducazione e della scienza, lo sviluppo sulla base, ove necessario, di apposite intese, degli scambi di conoscenze e di esperienze, nonché dei contatti,
Desiderosi di rafforzare i legami fra le istituzioni educative e scientifiche, nonché di incoraggiarne la cooperazione nei settori di interesse comune, in particolare nei casi in cui lo sviluppo delle cono- scenze e delle risorse richieda sforzi congiunti sul piano internazionale, e
Convinti che il progresso in questi campi deve essere accompagnato e sostenuto da una più larga conoscenza delle lingue straniere,
Esprimono, a tali fini, la loro intenzione, in particolare:
(a) Estensione delle relazioni
Di accrescere e migliorare, ai vari livelli, la cooperazione e i legami nei campi dell’educazione e della scienza, in particolare: • concludendo, ove opportuno, accordi bilaterali o multilaterali che prevedano la cooperazione e gli scambi fra istituzioni statali, organismi non governativi e persone che esercitano attività nel campo dell’educazione e della scienza, tenendo presente la necessità di assicurare una fles- sibile applicazione e utilizzazione degli accordi e delle intese esistenti; • promuovendo la conclusione di accordi diretti fra le università ed altri istituti di istruzione supe- riore e di ricerca, nel quadro, ove necessario, di accordi intergovernativi;
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• incoraggiando, fra le persone che operano nei campi dell’educazione e della scienza contatti e comunicazioni diretti, compresi quelli basati su accordi o intese speciali, ove questi risultino appropriati.
(b) Accesso e scambi
Di migliorare, a condizioni reciprocamente accettabili, l’accesso degli studenti, degli insegnanti e degli studiosi degli Stati partecipanti agli istituti di istruzione e alle istituzioni culturali e scientifi- che, e intensificare gli scambi fra tali istituzioni in tutti i settori di interesse comune, in particolare: • intensificando lo scambio delle informazioni sulle possibilità di studio ed i corsi aperti a stra- nieri, nonché sulle condizioni in base alle quali questi vi sono ammessi e accolti; • agevolando, fra gli Stati partecipanti, i viaggi di studiosi, insegnanti e studenti a scopo di stu- dio, insegnamento e ricerca, nonché allo scopo di migliorare la conoscenza reciproca delle loro realizzazioni nei campi dell’educazione, della cultura e della scienza; • incoraggiando la concessione di borse di studio, insegnamento e ricerca nei loro paesi a studiosi, insegnanti e studenti di altri Stati partecipanti; • elaborando, attuando e incoraggiando programmi che prevedano un più ampio scambio di stu- diosi, insegnanti e studenti, compresa l’organizzazione di simposi, seminari e progetti comuni, nonché lo scambio di informazioni pedagogiche e specializzate, sotto forma, ad esempio, di pub- blicazioni universitarie e materiale di biblioteca; • promuovendo l’efficace attuazione di tali accordi e programmi mediante la tempestiva comuni- cazione a studiosi, insegnanti e studenti di informazioni più dettagliate in merito alla loro siste- mazione presso l’università o l’istituto nel quale saranno accolti nonché ai programmi previsti per loro; offrendo loro la possibilità di servirsi del materiale specializzato e scientifico perti- nente e del materiale d’archivio non riservato; e facilitando i loro spostamenti nello Stato ospite a scopo di studia, di ricerca nonché di svago in base alle procedure usuali; • promuovendo una valutazione più esatta dei problemi concernenti il confronto e l’equivalenza dei titoli e diplomi universitari promuovendo lo scambio di informazioni sull’organizzazione, la durata e i programmi di studio, il confronto dei metodi di valutazione dei livelli di conoscenza e delle qualifiche universitarie e realizzando, ove possibile, il riconoscimento reciproco dei titoli e diplomi universitari sia, ove necessario, mediante accordi intergovernativi, sia mediante intese dirette fra università e altri istituti di istruzione superiore e di ricerca; • raccomandando inoltre alle organizzazioni internazionali competenti di intensificare gli sforzi al fine di giungere ad una soluzione generalmente accettabile dei problemi del confronto e dell’e- quivalenza dei titoli e dei diplomi universitari.
(c) Scienza
Nell’ambito della loro competenza di allargare e di migliorare la cooperazione e gli scambi nel campo della scienza, in particolare:
Di incrementare, su base bilaterale o multilaterale, lo scambio e la diffusione di informazioni e documentazione scientifiche, in particolare: • rendendo tali informazioni più largamente disponibili agli scienziati e ai ricercatori degli altri Stati partecipanti, per esempio, mediante la partecipazione a programmi internazionali di scam- bio di informazioni o mediante altre intese appropriate;
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• estendendo e facilitando lo scambio di campioni e altro materiale scientifico usato, in partico- lare, per la ricerca di base nei campi delle scienze esatte e naturali e della medicina; • invitando le istituzioni scientifiche e le università a tenersi reciprocamente informate, in modo più completo e regolare, in merito al loro lavoro di ricerca, in corso e in progetto, nei campi di interesse comune.
Di facilitare l’ampliamento delle comunicazioni e dei contatti diretti fra le università, le istitu- zioni e le associazioni scientifiche, nonché fra gli scienziati e i ricercatori, compresi, ove necessa- rio, i contatti basati su speciali accordi o intese, in particolare: • sviluppando ulteriormente gli scambi di scienziati e ricercatori e incoraggiando l’organizzazione di incontri preparatori o di gruppi di lavoro su temi di ricerca di interesse comune; • incoraggiando la formazione di “équipes” in comune di scienziati con il compito di realizzare progetti di ricerca in base ad intese concluse tra istituzioni scientifiche di più paesi; • appoggiando l’organizzazione e il buon funzionamento di conferenze e seminari internazionali e la partecipazione dei loro scienziati e ricercatori a tali conferenze e seminari; • prevedendo inoltre, in un prossimo futuro, un Forum scientifico sotto forma di un convegno di personalità eminenti del mondo della scienza provenienti dagli Stati partecipanti, allo scopo di discutere problemi interconnessi di comune interesse concernenti lo sviluppo attuale e futuro della scienza e di favorire l’espansione dei contatti, delle comunicazioni e dello scambio di infor- mazioni fra istituzioni scientifiche e fra scienziati; • prevedendo a breve scadenza un incontro di esperti che rappresentino gli Stati partecipanti e le loro istituzioni scientifiche nazionali, al fine di preparare tale Forum scientifico in colle- gamento con le organizzazioni internazionali competenti, quali l’UNESCO e la Commissione Economica per l’Europa; • studiando in tempo utile quali nuovi provvedimenti potrebbero essere presi ulteriormente per quanto riguarda il Forum scientifico.
Sviluppare, nel campo della ricerca scientifica, sul piano bilaterale o multilaterale, il coordinamento di programmi svolti negli Stati partecipanti e l’organizzazione di programmi comuni, particolar- mente nei settori sotto menzionati, che possono comportare sforzi comuni da parte di scienziati e, in determinati casi, l’impiego di attrezzature costose o rare. L’elenco delle materie enunciate in tali settori viene fornito a titolo indicativo; e i progetti specifici dovranno essere successivamente deter- minati dai potenziali partners negli Stati partecipanti, tenendo conto dei contributi che potrebbero fornire le organizzazioni internazionali e le istituzioni scientifiche appropriate: • le scienze esatte e naturali, in particolare la ricerca di base nei campi quali la matematica, la fisica, la fisica teorica, la geofisica, la chimica, la biologia, l’ecologia e l’astronomia: • la medicina, in particolare la ricerca di base relativa al cancro e alle malattie cardiovascolari, gli studi sulle malattie endemiche nei paesi in via di sviluppo, nonché la ricerca medico-sociale con particolare riguardo alle malattie professionali, alla rieducazione dei minorati e all’assistenza alla madre, al fanciullo e agli anziani; • le scienze umane e sociali, quali la storia, la geografia, la filosofia, la psicologia, la ricerca pedago- gica, la linguistica, la sociologia, le scienze giuridiche, politiche ed economiche; gli studi compa- rati dei fenomeni sociali, socioeconomici e culturali di interesse comune per gli Stati partecipanti, in particolare gli studi dei problemi dell’ambiente umano e dello sviluppo urbano nonché gli studi scientifici sui metodi di conservazione e di restauro dei monumenti e delle opere d’arte.
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(d) Lingue e civiltà straniere
Di incoraggiare lo studio delle lingue e delle civiltà straniere quale mezzo importante per ampliare la comunicazione fra i popoli al fine di far loro meglio conoscere la cultura di ciascun paese, non- ché per rafforzare la cooperazione internazionale; stimolare, a tale scopo, nell’ambito delle loro competenze, l’ulteriore sviluppo e miglioramento dell’insegnamento delle lingue straniere e la diversificazione della scelta delle lingue insegnate ai vari livelli, prendendo in debita considera- zione le lingue meno diffuse o meno studiate, e in particolare: • intensificare la cooperazione intesa a migliorare l’insegnamento delle lingue straniere mediante scambi di informazioni e di esperienze riguardanti lo sviluppo e l’applicazione di metodi e mate- riali pedagogici moderni e efficaci, adattati alle esigenze delle varie categorie di studenti, com- presi i metodi di insegnamento accelerato; e studiare le possibilità di effettuare, su base bilaterale o multilaterale, studi sui nuovi metodi di insegnamento delle lingue straniere; • incoraggiare la cooperazione fra le istituzioni interessate, su base bilaterale o multilaterale, allo scopo di utilizzare in modo più completo le risorse della tecnologia didattica moderna nell’in- segnamento delle lingue, per esempio mediante studi comparati effettuati dai loro specialisti e, ove convenuto, mediante scambi o trasferimento di materiale audiovisivo, di materiale impie- gato nella compilazione di libri di testo, nonché di informazioni su nuovi tipi di attrezzature tecniche utilizzate per l’insegnamento delle lingue; • favorire lo scambio di informazioni sulle esperienze acquisite nella formazione degli insegnanti di lingue, e intensificare, su base bilaterale, gli scambi di insegnanti e di studenti di lingue, non- ché facilitare la loro partecipazione a corsi estivi di lingue e civiltà ovunque questi vengano organizzati; • incoraggiare la cooperazione fra esperti nel campo della lessicografia, allo scopo di definire gli equivalenti terminologici necessari, in particolare nelle discipline scientifiche e tecniche, per facilitare le relazioni fra istituzioni scientifiche e specialisti; • promuovere una più ampia diffusione dello studio delle lingue straniere nei vari tipi di istituti di istruzione secondaria e maggiori possibilità di scelta fra un numero maggiore di lingue euro- pee; e in questo contesto considerare, ovunque sia appropriato, le possibilità di incrementare il reclutamento e la formazione degli insegnanti, nonché l’organizzazione delle sezioni di classi necessarie; • favorire, nell’insegnamento superiore, una scelta più ampia delle lingue offerte agli studenti di lingue e, per gli altri studenti, maggiori possibilità di studiare varie lingue straniere; facilitare inoltre, ove desiderabile e sulla base, ove necessario, di intese speciali l’organizzazione di corsi di lingue e civiltà da tenersi da lettori stranieri e, in particolare, da quelli provenienti dai paesi europei le cui lingue sono meno diffuse o meno studiate; • favorire, nel quadro della formazione degli adulti, l’elaborazione di programmi specializzati, adattati alle varie esigenze ed ai vari interessi, per l’insegnamento delle lingue straniere ai pro- pri abitanti e della lingua del paese ospite agli adulti interessati di altri paesi; incoraggiare in tale contesto le istituzioni interessate a cooperare, per esempio, all’elaborazione di programmi di insegnamento mediante la radio e la televisione e con i metodi accelerati, nonché, ove desi- derabile, alla definizione di obiettivi di studio destinati a tali programmi, allo scopo di raggiun- gere livelli comparabili di conoscenza linguistica; • incoraggiare, ove appropriato, il collegamento dell’insegnamento delle lingue straniere con quello delle corrispondenti civiltà, e promuovere ulteriori iniziative per stimolare l’interesse per lo studio delle lingue straniere, ivi comprese le attività extra scolastiche, idonee allo scopo.
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(e) Metodi pedagogici
Di promuovere, su base bilaterale o multilaterale, lo scambio di esperienze sui metodi pedagogici a tutti i livelli di istruzione, compresi quelli adottati per l’istruzione permanente e per la forma- zione degli adulti, nonché lo scambio di materiali pedagogici, e in particolare: • sviluppando ulteriormente le varie forme di contatti e di cooperazione nei vari settori delle scienze pedagogiche, per esempio per mezzo di studi comparativi o congiunti svolti dalle istitu- zioni interessate, o mediante scambi di informazioni sui risultati degli esperimenti pedagogici; • intensificando lo scambio di informazioni sui metodi pedagogici adottati nei diversi sistemi di istruzione e sui risultati delle ricerche relative ai processi di acquisizione delle conoscenze da parte degli scolari e degli studenti, tenendo conto della pertinente esperienza acquisita nei diversi tipi di istruzione specializzata; • facilitando lo scambio delle conoscenze acquisite concernenti l’organizzazione e il funziona- mento dell’istruzione destinata agli adulti e dell’istruzione ricorrente, le relazioni fra queste e altre forme e livelli di istruzione, nonché i mezzi per adattare l’istruzione, compresa la for- mazione professionale e tecnica, alle esigenze dello sviluppo economico e sociale nei loro paesi; • incoraggiando gli scambi di esperienze nel campo dell’educazione dei giovani e degli adulti per la comprensione internazionale, con particolare riferimento ai grandi problemi dell’umanità la cui soluzione richiede impostazioni comuni e una più ampia cooperazione internazionale; • promuovendo gli scambi di materiale didattico – compresi libri di testo scolastici, tenendo pre- sente la possibilità di accrescere la conoscenza reciproca e di facilitare la presentazione di cia- scun paese in tali libri – nonché di scambi di informazioni sulle innovazioni tecniche nel campo dell’istruzione.
Minoranze nazionali o culture regionali.
Gli Stati partecipanti, riconoscendo il contributo che le minoranze nazionali o le culture regionali possono apportare alla cooperazione tra di essi in diversi campi dell’educazione, si propongono, laddove esistano sul loro territorio tali minoranze o culture, e tenendo conto degli interessi legit- timi dei loro membri, di facilitare questo contributo.
Seguiti della Conferenza
Gli Stati partecipanti,
Avendo considerato e valutato i progressi realizzati alla Conferenza sulla Sicurezza e la Coopera- zione in Europa,
Considerando inoltre che, nel contesto più ampio del mondo, la Conferenza è una parte impor- tante del processo di miglioramento della sicurezza e di sviluppo della cooperazione in Europa e che i suoi risultati contribuiranno in modo significativo a tale processo,
Intendendo attuare le disposizioni dell’Atto Finale della Conferenza per dare pieno effetto ai suoi risultati e promuovere in tal modo il processo di miglioramento della sicurezza e di sviluppo della cooperazione in Europa,
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Convinti che per raggiungere gli obiettivi perseguiti dalla Conferenza essi devono compiere nuovi sforzi unilaterali, bilaterali e multilaterali e continuare, nelle forme appropriate enunciate qui di seguito, il processo multilaterale avviato dalla Conferenza, 1. Dichiarano la loro determinazione di tenere debitamente conto, nel periodo successivo alla Con- ferenza, delle disposizioni dell’Atto Finale della Conferenza e di applicarle: (a) unilateralmente, in tutti i casi che si prestino a una tale azione; (b) bilateralmente, mediante negoziati con altri Stati partecipanti; (c) multilateralmente, mediante riunioni di esperti degli Stati partecipanti, come pure nell’ambito delle organizzazioni internazionali esistenti quali la Commissione Economica per l’Europa delle Nazioni Unite e l ’UNESCO, per quanto riguarda la cooperazione nei campi dell’educazione, della scienza e della cultura;
2. Dichiarano inoltre la loro determinazione di proseguire il processo multilaterale avviato dalla Conferenza: (a) procedendo ad uno scambio di vedute approfondito sia sull’attuazione delle disposizioni dell’Atto Finale, sia sull’esecuzione dei compiti definiti dalla Conferenza come pure, nel contesto delle que- stioni trattate da quest’ultima, sull’approfondimento delle loro relazioni reciproche, sul miglio- ramento della sicurezza e lo sviluppo della cooperazione in Europa e lo sviluppo del processo di distensione in futuro; (b) organizzando a tali fini incontri tra i loro rappresentanti, cominciando con una riunione a livello dei rappresentanti designati dai Ministri degli Affari Esteri. Questa preciserà le modalità appropriate per lo svolgimento di altri incontri, che potranno comprendere nuove riunioni ana- loghe e la possibilità di una nuova Conferenza;
3. Il primo degli incontri suindicati avrà luogo a Belgrado nel 1977. Una riunione preparatoria incaricata di organizzare questa riunione avrà luogo a Belgrado il 15 giugno 1977. La riunione pre- paratoria fisserà la data, la durata, l’ordine del giorno e le altre modalità della riunione dei rappre- sentanti designati dai Ministri degli Affari Esteri;
4. Le disposizioni procedurali e di lavoro come pure la scala di ripartizione delle spese della Con- ferenza si applicheranno, mutatis mutandis, alle riunioni contemplate nei paragrafi 1 c), 2 e 3 di cui sopra. Tutte le riunioni summenzionate si terranno a turno negli Stati partecipanti. I ser- vizi di segretariato tecnico saranno forniti dal paese ospite.
L’originale del presente Atto Finale, redatto in francese, inglese, italiano, spagnolo, russo e tede- sco sarà consegnato al Governo della Repubblica di Finlandia che lo conserverà nei suoi archivi. Ciascuno degli Stati partecipanti riceverà dal Governo della Repubblica di Finlandia una copia conforme del presente Atto Finale.
Il testo del presente Atto Finale sarà pubblicato in ciascuno Stato partecipante, che ne curerà la dif- fusione e lo farà conoscere nel modo più ampio possibile.
Il Governo della Repubblica di Finlandia è pregato di trasmettere al Segretario Generale delle Nazioni Unite il testo del presente Atto Finale, che non è ammissibile per la registrazione ai sensi dell’articolo 102 dello Statuto delle Nazioni Unite, per la sua diffusione a tutti i membri dell’Or- ganizzazione, quale documento ufficiale delle Nazioni Unite.
25 Helsinki 1975
Il Governo della Repubblica di Finlandia è altresì pregato di trasmettere il testo del presente Atto Finale al Direttore Generale dell’UNESCO e al Segretario Esecutivo della Commissione Econo- mica per l’Europa delle Nazioni Unite.
In fede di ciò, i sottoscritti Alti Rappresentanti degli Stati partecipanti, consapevoli dell’alto signi- ficato politico che essi attribuiscono ai risultati della Conferenza e dichiarando la loro determi- nazione di agire in conformità delle disposizioni contenute nei testi di cui sopra, hanno apposto la loro firma in calce al presente Atto Finale. (…)
26 Documento conclusivo della riunione di Madrid (Seconda riunione di follow-up della Conferenza di Helsinki)
Madrid 1983
Questioni relative alla sicurezza in Europa
Gli Stati partecipanti esprimono la loro determinazione • di compiere nuovi sforzi per rendere la distensione un processo efficace, nonché continuo, sem- pre più vitale e globale, di portata universale, secondo l’impegno assunto nell’Atto Finale; • di cercare soluzioni ai problemi in sospeso con mezzi pacifici; • di adempiere coerentemente tutte le disposizioni dell’Atto Finale e, in particolare, di rispettare e applicare rigorosamente e senza riserve tutti i dieci principi contenuti nella Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti, indipendentemente dai loro sistemi politici, economici o sociali, nonché dalla loro dimensione, posizione geografica o livello di svi- luppo economico, compreso il loro impegno di ispirarsi a tali principi nelle loro relazioni con tutti gli altri Stati; • di sviluppare relazioni di cooperazione reciproca, amicizia e fiducia, astenendosi da qualsiasi azione che, contrastando con l’Atto Finale, possa pregiudicare tali reazioni; • di incoraggiare sforzi concreti per l’applicazione dell’Atto Finale; • di compiere sforzi concreti per contenere il crescente accumulo degli armamenti, nonché per consolidare la fiducia e la sicurezza e promuovere il disarmo.
Principi
Essi riaffermano la loro determinazione di rispettare ed applicare pienamente tali principi e, con- formemente, di promuovere con tutti i mezzi, sia nel campo del diritto che della prassi, la loro maggiore efficacia.
Essi ritengono che uno di tali mezzi potrebbe consistere nel dare espressione legislativa – nelle forme appropriate alla prassi e alle procedure proprie di ciascun paese – ai dieci principi enun- ciati nell’Atto Finale.
Essi riconoscono l’importanza che i trattati e gli accordi conclusi dagli Stati partecipanti riflet- tano i principi pertinenti e siano consoni agli stessi e, ove appropriato, facciano ad essi riferimento.
Gli Stati partecipanti riaffermano la necessità di osservare rigorosamente ed efficacemente il prin- cipio del non ricorso alla minaccia o all’uso della forza in quanto norma di vita internazionale. A tal fine essi sottolineano che è loro dovere, in base alle pertinenti disposizioni dell’Atto Finale, agire conformemente.
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Gli Stati partecipanti condannano il terrorismo, compreso il terrorismo nelle relazioni interna- zionali, in quanto mette a repentaglio o distrugge vite umane innocenti o attenta altrimenti ai diritti dell’uomo e alle libertà fondamentali e sottolineano la necessità di adottare misure deci- sive per combatterlo.
Essi esprimono la loro determinazione di adottare misure efficaci per la prevenzione e la soppressione di atti di terrorismo, sia a livello nazionale che mediante la cooperazione internazionale, compresi accordi bilaterali e multilaterali appropriati, e di ampliare a rafforzare conformemente la coopera- zione reciproca per combattere tali atti. Essi convengono di agire in tal senso conformemente alla Carta delle Nazioni Unite, alla “Dichiarazione delle Nazioni Unite sui principi di diritto internazio- nale riguardanti le relazioni amichevoli e la cooperazione fra gli Stati” e all’Atto Finale di Helsinki.
Nell’ambito della lotta contro gli atti di terrorismo essi prenderanno tutte le misure appropriate per impedire che i loro rispettivi territori vengano usati per preparare, organizzare o perpetrare attività terroristiche, comprese quelle dirette contro altri Stati partecipanti e i loro cittadini. Ciò include anche misure intese a proibire nei loro territori attività illegali di persone, gruppi e orga- nizzazioni che istigano, organizzano o perpetrano atti di terrorismo.
Gli Stati partecipanti confermano che si asterranno dal dare assistenza diretta o indiretta ad atti- vità terroristiche o sovversive o di altro genere dirette a rovesciare violentemente il regime di un altro Stato partecipante. In conseguenza essi si asterranno, fra l’altro, dal finanziare, fomentare o tollerare qualsiasi attività del genere.
Essi esprimono la loro determinazione di fare il possibile per garantire la sicurezza necessaria a tutti i rappresentanti ufficiali e alle persone che partecipano nei loro territori ad attività rientranti nell’ambito delle relazioni diplomatiche, consolari o di altre relazioni ufficiali.
Essi sottolineano il fatto che tutti gli Stati partecipanti riconoscono nell’Atto Finale l’importanza universale dei diritti dell’uomo e delle libertà fondamentali, il cui rispetto è un fattore essenziale di pace, di giustizia e di benessere necessario ad assicurare lo sviluppo di relazioni amichevoli e della cooperazione fra loro, come fra tutti gli Stati.
Gli Stati partecipanti ribadiscono la loro determinazione di promuovere e incoraggiare l’esercizio effettivo dei diritti dell’uomo e delle libertà fondamentali, che derivano tutti dalla dignità inerente alla persona umana e sono essenziali al suo libero e pieno sviluppo, e di assicurare un progresso costante e tangibile conformemente all’Atto Finale, mirando ad un ulteriore e continuo sviluppo in questo campo in tutti gli Stati partecipanti indipendentemente dai loro sistemi politici, econo- mici e sociali.
Essi ribadiscono parimenti la loro determinazione di sviluppare le loro leggi e regolamenti nel campo dei diritti civili, politici, economici, sociali, culturali e degli altri diritti dell’uomo e delle libertà dell’uomo e delle libertà fondamentali; inoltre ribadiscono la loro determinazione di garan- tire l’esercizio effettivo di tali diritti e libertà.
Essi ricordano il diritto dell’individuo di conoscere i propri diritti e doveri e di agire in conseguenza nel campo dei diritti dell’uomo e delle libertà fondamentali, come enunciato nell’Atto Finale, e intra- prenderanno, nei loro rispettivi paesi, le azioni necessarie per garantire efficacemente tale diritto.
Gli Stati partecipanti riaffermano che riconosceranno e rispetteranno ed inoltre concordano di intra- prendere le azioni necessarie a garantire la libertà dell’individuo di professare e praticare, solo o in comune con altri, una religione o un credo agendo secondo i dettami della propria conoscenza.
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In tale contesto, essi consulteranno, quando necessario, i culti, le istituzioni e le organizzazioni religiose che operano nell’ambito costituzionale dei loro rispettivi paesi.
Essi considereranno favorevolmente le richieste da parte di comunità religiose di credenti, che pra- ticano o sono disposti a praticare il proprio culto nell’ambito costituzionale dei loro Stati, di con- cessione dello status previsto nei loro rispettivi paesi per i culti, le istituzioni e le organizzazioni religiose.
Essi sottolineano inoltre l’importanza di un costante progresso per garantire il rispetto e l’effet- tivo godimento dei diritto delle persone appartenenti a minoranze nazionali, nonché per proteg- gere i loro interessi legittimi come previsto nell’Atto Finale.
Essi sottolineano l’importanza di garantire la parità dei diritti dell’uomo e della donna; di conse- guenza essi concordano di intraprendere tutte le azioni necessarie per promuovere una partecipa- zione ugualmente effettiva dell’uomo e della donna nella vita politica, economica, sociale e culturale.
Gli Stati partecipanti garantiranno il diritto dei lavoratori di costituire liberamente sindacati e di aderirvi, il diritto dei sindacati di esercitare liberamente le proprie attività e gli altri diritti enun- ciati nelle pertinenti convezioni internazionali. Essi rivelano che tali diritti saranno esercitati in conformità con le leggi dello Stato e in conformità con gli obblighi di diritto internazionale assunto dallo Stato. Essi incoraggeranno, in modo appropriato, comunicazioni e contatti diretti fra tali sindacati e i loro rappresentanti.
Essi riaffermano che i governi, le istituzioni, le organizzazioni e le persone hanno un ruolo perti- nente e positivo da svolgere per contribuire al conseguimento dei summenzionati obiettivi della loro cooperazione.
Essi riaffermano l’importanza particolare della Dichiarazione Universale dei Diritti dell’Uomo, delle Convenzioni Internazionali sui Diritti dell’Uomo e di altri strumenti internazionali perti- nenti, per i loro sforzi comuni e individuali volti a stimolare e sviluppare il rispetto universale per i diritti dell’uomo e le libertà fondamentali; essi invitano tutti gli Stati partecipanti ad agire in conformità di tali strumenti internazionali ed invitano quegli Stati partecipanti che non l’abbiano ancora fatto a prendere in considerazione la possibilità di aderire a tali convenzioni.
Essi convengono di considerare favorevolmente l’uso di tavole rotonde bilaterali, da tenersi su una base volontaria tra delegazioni composte da ciascuno Stato partecipante, per la discussione di que- stioni inerenti ai diritto dell’uomo e alle libertà fondamentali, conformemente ad un ordine del giorno concordato in uno spirito di rispetto reciproco, al fine di conseguire una maggiore com- prensione e cooperazione in base alle disposizioni dell’Atto Finale.
Essi decidono di convocare una riunione di esperti degli Stati partecipanti su questioni relative al rispetto, nei loro Stati, dei diritti dell’uomo e delle libertà fondamentali, sotto ogni aspetto, come enunciato nell’Atto Finale. (…)
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Cooperazione nei Campi dell’Economia, della Scienza e della Tecnica, e dell’Ambiente (…)
Nel contesto delle disposizioni dell’Atto finale sul lavoro migrante in Europa, gli Stati parteci- panti rilevano che i recenti sviluppi dell’economia mondiale hanno influito sulla situazione dei lavoratori migranti.
A tale riguardo gli Stati partecipanti esprimono il loro desiderio che i paesi ospiti e i paesi di ori- gine, mossi da uno spirito di reciproco interesse e di cooperazione, intensifichino i loro contatti per migliorare ulteriormente la situazione generale dei lavoratori migranti e delle loro famiglie, per quanto riguarda, fra l’altro, la protezione dei loro diritti umani, compresi i loro diritti econo- mici, sociali e culturali, tenendo specialmente presenti i problemi specifici dei lavoratori migranti della seconda generazione.
Essi si adopereranno inoltre per prevedere o promuovere, ove esista una richiesta ragionevole, un adeguato insegnamento della lingua e della cultura dei paesi di origine. Gli Stati partecipanti raccomandano che, fra le altre misure miranti a facilitare il reinserimento sociale ed economico dei lavoratori migranti rimpatriati, venga assicurata, mediante appropriati strumenti legislativi o accordi reciproci, la corresponsione delle pensioni acquisite o stabilite in base al sistema di previdenza sociale al quale tali lavoratori sono stati iscritti nel paese ospite (…)
Cooperazione nel settore umanitario e in altri settori
Gli Stati Partecipanti,
Ricordando i paragrafi introduttivi del Capitolo dell’Atto Finale sulla Cooperazione nel Settore Umanitario e in altri Settori, inclusi quelli concernenti lo sviluppo della comprensione reciproca fra loro e la distensione e quelli concernenti i progressi negli scambi nel campo della cultura e dell’e- ducazione, una più ampia diffusione dell’informazione, i contatti fra le persone e la soluzione dei problemi umanitari,
Decisi a proseguire ed ampliare la cooperazione in tali settori e a realizzare una più completa uti- lizzazione delle possibilità offerte dall’Atto finale,
Concordano sin d’ora di applicare quanto segue:
Contatti fra persone
Gli Stati partecipanti tratteranno favorevolmente le domande relative a contatti e incontri rego- lari sulla base dei legami familiari, alla riunificazione delle famiglie e ai matrimoni fra cittadini di Stati diversi e decideranno in merito ad esse nello stesso spirito.
Essi decideranno il più rapidamente possibile in merito alle domande per incontri familiari che abbiano carattere d’urgenza; in merito a quelle per la riunificazione delle famiglie e per il matri- monio fra cittadini di Stati diversi, secondo la prassi normale, entro sei mesi e per quelle relative ad altri incontri familiari entro limiti di tempo gradualmente ridotti.
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Essi confermano che la presentazione o il rinnovo delle domande relative a questi casi non modifi- cheranno i diritti e gli obblighi dei richiedenti o dei loro familiari per quanto riguarda, fra l’altro, l’occupazione, l’alloggio, il permesso di residenza, l’assistenza familiare e l’accesso all’assistenza sociale, economica o educativa, nonché altri diritti ed obblighi derivanti dalle leggi e dai regola- menti del corrispondente Stato partecipante.
Gli Stati partecipanti forniranno le necessarie informazioni sulle procedure che i richiedenti dovranno seguire in tali casi e sui regolamenti che dovranno osservare e inoltre, su domanda del richiedente, forniranno i moduli relativi.
Essi ridurranno gradualmente, ove necessario, gli oneri imposti in relazione a tali domande, com- presi quelli per visti e passaporti, al fine di portarli ad un livello moderato rispetto al reddito medio mensile nel corrispondente Stato partecipante.
I richiedenti saranno informati il più rapidamente possibile sulla decisione presa. In caso di rifiuto i richiedenti saranno anche informati del loro diritto di ripresentare la domanda dopo periodi di tempo ragionevolmente brevi.
Gli Stati partecipanti riaffermano il loro impegno di applicare pienamente le disposizioni concer- nenti le missioni diplomatiche, le altre missioni ufficiali e le sedi consolari degli altri Stati parte- cipanti, contenute nelle pertinenti convenzioni multilaterali o bilaterali, e di facilitare il normale funzionamento di tali missioni. L’accesso di visitatori a tali missioni sarà garantito tenendo debito conto delle necessarie misure di sicurezza di tali missioni.
Essi riaffermano altresì la loro volontà di adottare, nell’ambito della loro competenza, provvedi- menti ragionevoli, comprese, quando appropriato, le necessarie misure di sicurezza, al fine di assi- curare condizioni soddisfacenti per lo svolgimento, nel loro territorio, di attività nel quadro della cooperazione reciproca, quali manifestazioni sportive e culturali, cui prendano parte i cittadini di altri Stati partecipanti.
Gli Stati partecipanti si adopereranno, ove appropriato, per migliorare le condizioni relative all’as- sistenza legale, consolare e sanitaria per i cittadini di altri Stati partecipanti che si trovano tem- poraneamente nel loro territorio per motivi personali o professionali, tenendo debito conto delle convenzioni o degli accordi multilaterali o bilaterali pertinenti.
Essi applicheranno nella forma più completa le pertinenti disposizioni dell’Atto Finale, di modo che i culti, le istituzioni, le organizzazioni religiose e i loro rappresentanti possano sviluppare, nel campo della propria attività, contratti e incontri fra loro e scambiare informazioni.
Gli Stati partecipanti incoraggeranno contatti e scambi fra i giovani e favoriranno l’ampliamento della cooperazione fra le loro organizzazioni giovanili. Essi favoriranno lo svolgimento fra i gio- vani e le organizzazioni giovanili di manifestazioni ed attività educative, culturali ed altre atti- vità similari. Essi favoriranno altresì lo studio di problemi relativi alle giovani generazioni. Gli Stati partecipanti promuoveranno lo sviluppo del turismo giovanile, individuale o collettivo, ove necessario sulla base di intese, incoraggiando, in particolare, la concessione di facilitazioni appro- priate da parte delle autorità competenti nel settore dei trasporti e delle organizzazioni turistiche degli Stati partecipanti, o di facilitazioni del tipo offerto dalle autorità ferroviarie che partecipano al sistema “Inter-Rail”.
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Informazione
Gli Stati partecipanti incoraggeranno ulteriormente una più libera e ampia diffusione dell’infor- mazione stampata, periodica e non periodica, importata dagli altri Stati partecipanti, nonché l’au- mento del numero dei punti di vendita al pubblico di tali pubblicazioni. Tali pubblicazioni saranno anche accessibili nelle sale di lettura delle grandi biblioteche pubbliche e di istituzioni analoghe.
In particolare, per facilitare il miglioramento della diffusione dell’informazione scritta, gli Stati partecipanti incoraggeranno contatti e negoziati fra le loro ditte e organizzazioni competenti allo scopo di concludere accordi e contratti a lungo termine destinati ad aumentare la quantità e il numero delle testate di giornali ed altre pubblicazioni importate dagli altri Stati partecipanti. Essi considerano auspicabile che i prezzi al dettaglio delle pubblicazioni estere non siano eccessivi rispetto ai prezzi nei loro paesi d’origine.
Essi confermano la loro intenzione, conformemente alle pertinenti disposizioni dell’Atto Finale, di ampliare ulteriormente le possibilità di abbonamento per il pubblico.
Essi favoriranno l’ulteriore ampliamento della cooperazione fra i mezzi di informazione di massa e i loro rappresentanti, in particolare fra il personale redazionale di agenzie di stampa, giornali, organizzazioni radiotelevisive, nonché società cinematografiche. Essi incoraggeranno uno scambio più regolare di notizie, articoli, supplementi e informazioni radioteletrasmesse, nonché lo scambio di personale redazionale per una migliore conoscenza delle rispettive prassi. Su una base di reci- procità, essi miglioreranno i servizi materiali e tecnici previsti per i cronisti radiotelevisivi accre- ditati a titolo permanente o temporaneo. Inoltre essi faciliteranno contatti diretti fra i giornalisti, nonché contatti nell’ambito delle organizzazioni professionali.
Essi decideranno in merito alle domande di visto dei giornalisti senza indebiti ritardi e riesa- mineranno le domande che sono state respinte entro un periodo di tempo ragionevole. Inoltre i giornalisti che desiderino effettuare spostamenti per motivi personali e non per servizi giornali- stici fruiranno dello stesso trattamento degli altri visitatori provenienti dal loro paese di origine.
Essi concederanno ai corrispondenti permanenti e ai loro familiari conviventi visti di entrata e di uscita multipli, validi per un anno.
Gli Stati partecipanti esamineranno la possibilità di concedere, ove necessario sulla base di accordi bilaterali, l’accreditamento e le relative agevolazioni ai giornalisti di altri Stati partecipanti accre- ditati a titolo permanente in paesi terzi.
Essi faciliteranno lo spostamento dei giornalisti degli altri Stati partecipanti nei loro territori, in particolare adottando, ove necessario, misure concrete per offrire loro la possibilità di sposta- menti più estesi, tranne che nelle zone vietate per motivi di sicurezza. Essi informeranno in anti- cipo i giornalisti, quando possibile, qualora nuove zone vengano vietate per motivi di sicurezza.
Essi offriranno maggiori possibilità e, ove necessario, migliori condizioni ai giornalisti di altri Stati partecipanti per stabilire e mantenere contatti e comunicazioni personali con le loro fonti di informazione.
Essi autorizzeranno di norma i giornalisti radiotelevisivi, su loro richiesta, a farsi accompagnare dai propri tecnici del suono e del video e ad utilizzare le proprie attrezzature.
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Analogamente, i giornalisti potranno portare con sé materiale di consultazione, compresi appunti personali, da usare rigorosamente a scopo professionale.* (…)
Gli Stati partecipanti faciliteranno, ove necessario, l’apertura e il funzionamento, nelle loro capi- tali, di centri stampa o di istituzioni che svolgano le stesse funzioni, accessibili alla stampa nazio- nale ed estera con adeguati servizi operativi per quest’ultima.
Essi inoltre considereranno ulteriori modi e mezzi per assistere i giornalisti di altri Stati partecipanti consentendo loro in tal misura di risolvere i problemi di ordine pratico che possano incontrare.
Cooperazione e scambi nel campo della cultura
Essi si adopereranno, adottando misure appropriate, per rendere accessibili alle persone, alle isti- tuzioni e alle organizzazioni non governative interessate le informazioni pertinenti riguardanti le possibilità offerte da accordi e programmi culturali bilaterali, facilitando in tal modo una loro applicazione efficace.
Gli Stati partecipanti incoraggeranno ulteriormente una più ampia diffusione di libri, di film e di altre forme e mezzi di espressione culturale degli altri Stati partecipanti, nonché l’accesso ad essi, migliorando a tal fine, con mezzi appropriati, su base bilaterale e multilaterale le condizioni per lo scambio internazionale, commerciale e non commerciale, dei loro beni culturali, in particolare riducendo gradualmente i diritti doganali su tali beni.
Gli Stati partecipanti si adopereranno per incoraggiare la traduzione, la pubblicazione e la diffu- sione di opere nel campo della letteratura e in altri settori dell’attività culturale degli altri Stati partecipanti, specialmente quelle prodotte nelle lingue meno parlate, facilitando la cooperazione fra le case editrici, in particolare mediante lo scambio di elenchi di libri che potrebbero essere tra- dotti, nonché di altre informazioni pertinenti.
Essi contribuiranno allo sviluppo di contatti, cooperazione e progetti comune fra gli Stati parte- cipanti riguardanti la protezione, la conservazione e la registrazione del patrimonio storico e dei monumenti, nonché le relazioni fra l’uomo, l’ambiente e tale patrimonio; essi esprimono il loro interesse per la possibilità di convocare una conferenza intergovernativa su tali temi nell’ambito dell’UNESCO.
Gli Stati partecipanti incoraggeranno le loro organizzazioni radiotelevisive a sviluppare ulterior- mente la presentazione delle realizzazioni culturali e artistiche di altri Stati partecipanti in base ad accordi bilaterali e multilaterali fra tali organizzazioni, prevedendo, fra l’altro, scambi di informa- zioni sulle produzioni, trasmissioni di spettacoli e programmi di altri Stati partecipanti, coprodu- zioni, inviti come ospiti di direttori d’orchestra e registi, nonché la reciproca assistenza a troupes cinematografiche per film culturali. (…)
* In tale contesto resta inteso che l’importazione di materiale stampato potrà essere soggetta ai regolamenti locali, che saranno applicati con debito riguardo alle esigenze di adeguate attrezzature di lavoro del giornalista.
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Cooperazione e scambi nel campo dell’educazione
Gli Stati partecipanti promuoveranno la conclusione di intese e di accordi governativi e non gover- nativi nel campo dell’educazione e della scienza da attuare con la partecipazione di istituzioni edu- cative o di altre istituzioni competenti.
Gli Stati partecipanti contribuiranno a migliorare ulteriormente gli scambi di studenti, inse- gnanti e studiosi e il loro accesso alle rispettive istituzioni educative, culturali e scientifiche, non- ché il loro accesso al materiale informativo pubblico in conformità delle leggi e dei regolamenti prevalenti in ciascun paese. In tale contesto essi faciliteranno i viaggi di studiosi, insegnanti e stu- denti all’interno dello Stato ospite, la loro presa di contatto con i propri colleghi e incoraggeranno inoltre biblioteche, istituti di istruzione superiore e istituzioni analoghe nei loro territori a mettere a disposizione di studiosi, insegnanti e studenti di altri Stati partecipanti i cataloghi e gli elenchi di materiale di archivio pubblico.
Essi incoraggeranno uno scambio più regolare di informazioni su programmi, corsi e seminari di formazione scientifica per giovani scienziati e faciliteranno una più ampia partecipazione a que- ste attività di giovani scienziati di diversi Stati partecipanti. Essi inviteranno le competenti orga- nizzazioni e istituzioni nazionali e internazionali ad appoggiare, ove appropriato, la realizzazione di tali attività di formazione. (…)
Gli Stati partecipanti favoriranno l’ampliamento delle possibilità di insegnamento e studio delle lingue europee meno diffuse o meno studiate. A tal fine essi stimoleranno, nell’ambito della loro competenza, l’organizzazione di corsi universitari estivi e altri corsi, nonché la partecipazione agli stessi, la concessione di borse di studio per traduttori e il potenziamento delle facoltà lingui- stiche inclusa, in caso di necessità, la fornitura di nuove attrezzature per lo studio di tali lingue.
Gli Stati partecipanti esprimono la loro disponibilità ad intensificare fra loro nonché in seno alle competenti organizzazioni internazionali, lo scambio di materiali didattici, libri di testo, carte geo- grafiche, bibliografie e altro materiale educativo al fine di promuovere una migliore conoscenza reciproca e di facilitare una presentazione più completa dei loro rispettivi paesi.
34 Documento della Conferenza di Stoccolma sulle misure miranti a rafforzare la fiducia e la sicurezza e sul disarmo in Europa Stoccolma 1986
(…)
Non ricorso alla minaccia o all’uso della forza (…)
(18) Gli Stati partecipanti sottolineano il loro impegno verso l’Atto Finale e la necessità di una piena applicazione di tutte le sue disposizioni per promuovere in tal modo il processo di rafforzamento della sicurezza e di sviluppo della cooperazione in Europa, contribuendo così alla pace e alla sicu- rezza internazionali nel mondo intero.
(19) Essi pongono in risalto il loro impegno verso tutti i principi della Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti e dichiarano la loro determinazione di rispettarli e metterli in pratica indipendentemente dai loro sistemi politici, economici o sociali, nonché dalla loro dimensione, posizione geografica o livello di sviluppo economico.
(20) Tutti questi dieci principi sono di importanza fondamentale e, di conseguenza, saranno appli- cati in modo eguale e senza riserve, ciascuno di essi essendo interpretato tenendo conto degli altri.
(21) Il rispetto e l’applicazione di questi principi incrementerà lo sviluppo di relazioni amichevoli e la cooperazione fra gli Stati partecipanti in tutti i campi contemplati dalle disposizioni dell’Atto Finale.
(22) Essi riconfermano il loro impegno verso il principio fondamentale dell’eguaglianza sovrana degli Stati e sottolineano che tutti gli Stati hanno eguali diritti e doveri nell’ambito del diritto internazionale.
(23) Essi riaffermano il significato universale dei diritti dell’uomo e delle libertà fondamentali. Il rispetto e l’esercizio effettivo di tali diritti e libertà sono fattori essenziali della pace, della giusti- zia e della sicurezza internazionali, nonché dello sviluppo di relazioni amichevoli e della coopera- zione fra loro come fra tutti gli Stati, come enunciato nella Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti.
(24) Essi riaffermano che, nel più ampio contesto della sicurezza mondiale, la sicurezza in Europa è strettamente connessa con la sicurezza nell’area del Mediterraneo nel suo insieme; in tale con- testo essi confermano la loro intenzione di sviluppare relazioni di buon vicinato con tutti gli Stati nella regione, tenendo nel dovuto conto la reciprocità, e nello spirito dei principi enunciati nella Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti in modo da promuovere
35 Stoccolma 1986
la fiducia e la sicurezza e far prevalere la pace nella regione conformemente alle disposizioni con- tenute nel Capitolo sul Mediterraneo dell’Atto Finale.
(25) Essi pongono in risalto la necessità di adottare misure decisive per prevenire e combattere il ter- rorismo, compreso il terrorismo nelle relazioni internazionali. Essi esprimono la loro determina- zione di adottare misure efficaci sia a livello nazionale che mediante la cooperazione internazionale, per la prevenzione e la soppressione di tutti gli atti di terrorismo. Essi prenderanno tutte le misure appropriate per impedire che i loro rispettivi territori vengano usati per preparare, organizzare o perpetrare attività terroristiche. Ciò include anche misure intese a proibire nei loro territori atti- vità illegali, comprese le attività sovversive, di persone, gruppi e organizzazioni che istigano, orga- nizzano o perpetrano atti di terrorismo, compresi quelli diretti contro altri Stati e i loro cittadini.
36 Documento conclusivo della riunione di Vienna (Terza riunione di follow-up della Conferenza di Helsinki)
Vienna 1989
(…)
Questioni relative alla sicurezza in Europa
Gli Stati partecipanti esprimono la loro determinazione • di basarsi sugli attuali sviluppi positivi delle loro relazioni per rendere la distensione un pro- cesso efficace, globale e autentico, di portata universale; • di assumersi la responsabilità di attuare pienamente gli impegni contenuti nell’Atto Finale e in altri documenti CSCE; • di intensificare i propri sforzi per ricercare soluzioni ai problemi che gravano sulle loro relazioni e per rafforzare le misure di salvaguardia della pace e della sicurezza internazionali; • di promuovere la cooperazione e il dialogo fra loro, per assicurare l’esercizio effettivo dei diritti dell’uomo e delle libertà fondamentali e facilitare i contatti e le comunicazioni fra le persone; • di compiere nuovi sforzi per realizzare ulteriori progressi per rafforzare la fiducia e la sicurezza e per promuovere il disarmo.
Principi
(1) Gli Stati partecipanti riaffermano il proprio impegno nei riguardi di tutti i dieci principi della Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti, contenuta nell’Atto Finale, e la loro determinazione di rispettarli e metterli in pratica. Gli Stati partecipanti riaffer- mano che tutti questi principi hanno un’importanza primaria e che, di conseguenza, saranno applicati in modo eguale e senza riserve, interpretando ciascuno di essi tenendo conto degli altri.
(2) Essi sottolineano che il rispetto e la piena applicazione di questi principi, nonché il rigoroso adempimento di tutti gli impegni CSCE da essi derivanti, rivestono grande importanza politica e sono essenziali per instaurare la fiducia e la sicurezza nonché per lo sviluppo delle loro relazioni amichevoli e della loro cooperazione in tutti i campi.
(3) In tale contesto, confermano che rispetteranno il diritto di ciascuno di essi di scegliere e svilup- pare liberamente il proprio sistema politico, sociale, economico e culturale, nonché di determinare le proprie leggi, regolamenti, prassi e politiche. Nell’esercizio di tali diritti, essi assicureranno che le loro leggi, regolamenti, prassi e politiche siano conformi ai loro obblighi di diritto internazionale e vengano armonizzati con le disposizioni della Dichiarazione sui Principi e con altri impegni CSCE.
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(4) Essi confermano inoltre che, in virtù del principio dell’uguaglianza dei diritti dei popoli e del loro diritto all’autodeterminazione e conformemente alle disposizioni pertinenti dell’Atto Finale, tutti i popoli hanno sempre il diritto, in piena libertà, di determinare, quando e come desiderano, il loro assetto politico interno ed esterno, senza ingerenza esterna, e di perseguire come deside- rano il loro sviluppo politico, economico, sociale e culturale. (…)
(8) Gli Stati partecipanti condannano senza riserve come criminosi tutti gli atti, i metodi e le pra- tiche del terrorismo, ovunque e da chiunque siano commessi, inclusi quelli che mettano in peri- colo le relazioni amichevoli fra gli Stati e la loro sicurezza, e concordano che il terrorismo non può essere giustificato in alcuna circostanza.
(9) Essi esprimono la propria determinazione di adoperarsi per sradicare il terrorismo, sia bila- teralmente sia mediante la cooperazione multilaterale, particolarmente nelle sedi internazionali quali le Nazioni Unite, l’Organizzazione dell’Aviazione Civile Internazionale e l’Organizzazione Marittima Internazionale e conformemente alle pertinenti disposizioni dell’Atto Finale e del Docu- mento Conclusivo di Madrid.
(10) Convinti dell’esigenza di unire alle misure a livello nazionale una Maggiore cooperazione internazionale, gli Stati partecipanti esprimono la loro intenzione (10.1) – di perseguire una politica di fermezza in risposta alle richieste terroristiche; (10.2) – di rafforzare e sviluppare la cooperazione bilaterale e multilaterale fra loro per prevenire e combattere il terrorismo nonché per accrescere l’efficienza dell’attuale cooperazione a livello bila- terale o nell’ambito di gruppi di Stati, anche, se del caso, mediante lo scambio di informazioni; (10.3.) – di impedire nei loro territori attività illegali di persone, gruppi od organizzazioni che isti- gano, organizzano o perpetrano atti di terrorismo o attività sovversive o di altro genere dirette a rovesciare violentemente il regime di un altro Stato partecipante; (10.4) – di adottare misure efficaci per prevenire e reprimere atti terroristici diretti contro rappre- sentanti diplomatici o consolari e per combattere il terrorismo che implichi violazioni delle Con- venzioni di Vienna sulle Relazioni Diplomatiche e Consolari, in particolare le relative disposizioni concernenti privilegi ed immunità diplomatiche e consolari; (10.5) – di assicurare che le persone implicate in atti terroristici siano estradate o processate e di attuare una stretta cooperazione qualora si verifichino conflitti di giurisdizione che coinvolgano più Stati, agendo, in ambedue i casi, conformemente ai pertinenti accordi internazionali; (10.6) – di considerare una loro adesione, qualora non lo abbiano già fatto, alle pertinenti conven- zioni internazionali relative alla lotta contro il terrorismo; (10.7) – di continuare ad adoperarsi in seno ai competenti organismi internazionali per migliorare ed ampliare le misure contro il terrorismo e per assicurare che gli accordi pertinenti siano accet- tati e rispettati da quanti più Stati possibile.
(11) Essi confermano che rispetteranno i diritti dell’uomo e le libertà fondamentali, inclusa la libertà di pensiero, di coscienza, di religione o di convinzione per tutti, senza distinzione di razza, sesso, lingua o religione. Essi confermano inoltre l’importanza universale dei diritti dell’uomo e delle libertà fondamentali, il cui rispetto è un fattore essenziale della pace, della giustizia e della sicu- rezza necessarie a garantire lo sviluppo di relazioni amichevoli e della cooperazione fra di essi e fra tutti gli Stati
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(12) Essi esprimono la propria determinazione di garantire l’esercizio effettivo dei diritti dell’uomo e delle libertà fondamentali, che sono tutti parte integrante della dignità della persona umana e sono essenziali al suo libero e pieno sviluppo. Essi riconoscono che le libertà e i diritti civili, politici, economici, sociali, culturali ed altri hanno tutti un’importanza capitale e devono essere pienamente realizzati con tutti i mezzi appropriati.
(13) In tale contesto essi (13.1) – svilupperanno le loro leggi, regolamenti e politiche nel campo dei diritti civili, politici, economici, sociali, culturali e degli altri diritti dell’uomo e delle libertà fondamentali, e li appli- cheranno in modo da garantire l’esercizio effettivo di tali diritti e libertà; (13.2) – considereranno la possibilità di aderire, se non l’abbiano già fatto, alla Convenzione Inter- nazionale sui Diritti Civili e Politici, alla Convenzione Internazionale sui Diritti Economici, Sociali e Culturali, al Protocollo Facoltativo della Convenzione sui Diritti Civili e Politici e ad altri stru- menti internazionali pertinenti; (13.3) – provvederanno alla pubblicazione e alla diffusione del testo dell’Atto Finale, del Documento Conclusivo di Madrid, del presente Documento e dei testi di qualsiasi strumento internazionale pertinente nel campo dei diritti dell’uomo, al fine di assicurare la disponibilità di tali documenti nella loro interezza, di dar loro la massima divulgazione possibile e di renderli accessibili a tutti nei loro paesi, in particolare tramite le biblioteche pubbliche; (13.4) – garantiranno l’effettivo diritto dell’individuo di conoscere i propri diritti e doveri in tale campo e di agire in conseguenza, e a tal fine pubblicheranno e renderanno accessibili tutte le leggi, regolamenti e le procedure concernenti i diritti dell’uomo e le libertà fondamentali; (13.5) – rispetteranno il diritto dei propri cittadini di contribuire attivamente, individualmente o in associazione con altri, alla promozione e alla tutela dei diritti dell’uomo e delle libertà fondamentali; (13.6) – incoraggeranno, nelle scuole e negli altri istituti d’istruzione, l’esame dei modi per pro- muovere e tutelare i diritti dell’uomo e le libertà fondamentali; (13.7) – assicureranno a tutti coloro che si trovano nel proprio territorio e sono soggetti alla pro- pria potestà i diritti dell’uomo e le libertà fondamentali senza distinzione di alcun genere, quali la razza, il colore, il sesso, la lingua, la religione, le opinioni politiche o d’altro genere, l’origine nazionale o sociale, il censo, la nascita o qualsiasi altra condizione; (13.8) – assicureranno che nessuna persona che eserciti, esprima l’intenzione di esercitare o cer- chi di esercitare tali diritti e libertà, o un membro della sua famiglia siano soggetti, per ciò stesso, a discriminazioni di alcun genere; (13.9) – assicureranno che coloro i quali asseriscono che, nei loro confronti, siano stati violati i diritti dell’uomo e le libertà fondamentali, dispongano di mezzi di ricorso efficaci nonché di com- plete informazioni in merito; fra l’altro, accorderanno ad essi la possibilità effettiva di avvalersi: • del diritto di ogni persona di presentare istanze agli organi esecutivi, legislativi, giudiziari od amministrativi; • del diritto ad un processo giusto e pubblico entro termini ragionevoli, di fronte ad un tribu- nale indipendente e imparziale, compreso il diritto di presentare argomentazioni giuridiche e di essere rappresentati da un avvocato di propria scelta; • del diritto di essere informati prontamente ed ufficialmente sulla decisione adottata in merito a ciascun ricorso, compresi i motivi giuridici sui quali è fondata la decisione. Queste informa- zioni verranno fornite di norma per iscritto e, in ogni caso, in modo tale da consentire all’inte- ressato di avvalersi effettivamente degli altri ricorsi disponibili.
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(14) Gli Stati partecipanti riconoscono che la promozione dei diritti economici, sociali, culturali nonché dei diritti civili e politici ha importanza capitale per la dignità umana e per il raggiungi- mento delle legittime aspirazioni di ciascun individuo. Essi pertanto proseguiranno i loro sforzi al fine di assicurare progressivamente la piena realizzazione dei diritti economici, sociali e cultu- rali con tutti i mezzi appropriati e, in particolare, anche con l’adozione di misure legislative. In tale contesto essi presteranno particolare attenzione ai problemi esistenti nel campo dell’occupazione, della casa, della sicurezza sociale, della sanità, dell’educazione e della cultura.
Essi promuoveranno costanti progressi nell’esercizio di tutti i diritti e delle libertà nei propri paesi nonché nello sviluppo delle relazioni fra loro e con altri Stati, in modo che ciascuno goda effetti- vamente dei suoi pieni diritti economici, sociali e culturali nonché dei suoi diritti civili.
(15) Gli Stati partecipanti confermano la loro determinazione di assicurare la parità dei diritti dell’uomo e della donna. Conseguentemente adotteranno tutte le misure necessarie, comprese le misure legislative, per promuovere una partecipazione ugualmente effettiva dell’uomo e della donna alla vita politica, economica, sociale e culturale. Essi considereranno la possibilità di ade- rire, se non l’abbiano ancora fatto, alla) Convenzione sull’eliminazione di tutte le forme di discri- minazione nei confronti della donna.
(16) Al fine di assicurare la libertà dell’individuo di professare e praticare una religione o una con- vinzione, gli Stati partecipanti, fra l’altro, (16.1) – adotteranno misure efficaci per impedire ed eliminare ogni discriminazione per motivi di religione o convinzione nei confronti di individui o comunità per quanto riguarda il riconosci- mento, l’esercizio e il godimento dei diritti dell’uomo e delle libertà fondamentali in tutti i settori della vita civile, politica, economica, sociale e culturale e assicureranno l’effettiva uguaglianza fra credenti e non credenti; (16.2) – favoriranno un clima di reciproca tolleranza e rispetto fra credenti di comunità diverse nonché fra credenti e non credenti; (16.3) – riconosceranno, su loro richiesta, alle comunità di credenti, che praticano o che sono disponibili a praticare la loro fede nel quadro costituzionale dei propri Stati, lo status per esse pre- visto nei rispettivi paesi; (16.4) – rispetteranno il diritto di tali comunità religiose di • costituire e mantenere luoghi di culto o riunione liberamente accessibili, • organizzarsi secondo la propria struttura gerarchica e istituzionale, • scegliere, nominare e sostituire il proprio personale conformemente alle rispettive esigenze e alle proprie norme nonché a qualsiasi intesa liberamente accettata fra esse e il proprio Stato, • sollecitare e ricevere contributi volontari sia finanziari che d’altro genere; (16.5) – si impegneranno in consultazioni con i culti, le istituzioni e le organizzazioni religiose al fine di pervenire ad una migliore comprensione delle esigenze della libertà religiosa; (16.6) – rispetteranno il diritto di ciascuno di impartire e ricevere un’istruzione religiosa nella lin- gua di propria scelta, individualmente o in associazione con altri; (16.7) – rispetteranno, in tale contesto, fra l’altro, la libertà dei genitori di assicurare l’educazione religiosa e morale dei loro figli conformemente ai propri convincimenti; (16.8) – consentiranno la formazione di personale religioso nelle istituzioni appropriate,
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(16.9) – rispetteranno il diritto dei singoli credenti e delle comunità di credenti di acquisire, pos- sedere ed utilizzare libri sacri, pubblicazioni religiose nella lingua di loro scelta ed altri oggetti e materiali relativi alla pratica della religione o della convinzione; (16.10) – consentiranno ai culti, alle istituzioni e alle organizzazioni religiose la produzione, l’im- portazione e la diffusione di pubblicazioni e materiali religiosi; (16.11) – considereranno favorevolmente l’interesse delle comunità religiose a partecipare al pub- blico dialogo, fra l’altro, tramite i mezzi di comunicazione di massa.
(17) Gli Stati partecipanti riconoscono che l’esercizio dei summenzionati diritti relativi alla libertà di religione o convinzione può essere soggetto soltanto alle limitazioni stabilite per legge e con- formi ai loro obblighi in base al diritto internazionale e ai loro impegni internazionali. Nelle pro- prie leggi e regolamenti e nella loro applicazione essi assicureranno la piena ed effettiva attuazione della libertà di pensiero, coscienza, religione o convinzione.
(18) Gli Stati partecipanti compiranno sforzi costanti per applicare le disposizioni dell’Atto Finale e del Documento Conclusivo di Madrid riguardanti le minoranze nazionali. Essi adotteranno tutte le necessarie misure legislative, amministrative, giudiziarie ed altre ed applicheranno gli strumenti internazionali pertinenti per essi vincolanti, per assicurare la tutela dei diritti dell’uomo e delle libertà fondamentali delle persone che appartengono a minoranze nazionali nel loro territorio. Essi si asterranno da qualsiasi discriminazione contro tali persone e contribuiranno alla realizzazione dei loro legittimi interessi ed aspirazioni nel campo dei diritti dell’uomo e delle libertà fondamentali.
(19) Essi proteggeranno e creeranno le condizioni per la promozione dell’identità etnica, culturale, linguistica e religiosa delle minoranze nazionali nel loro territorio. Essi rispetteranno il libero eser- cizio dei diritti da parte delle persone che appartengono a tali minoranze e assicureranno la loro piena uguaglianza con le altre persone.
(20) Gli Stati partecipanti rispetteranno pienamente il diritto di ciascuno • alla libertà di movimento e di residenza entro i confini di ciascuno Stato, e • di lasciare qualsiasi paese, compreso il proprio, e di fare ritorno nel proprio paese.
(21) Gli Stati partecipanti assicureranno che l’esercizio dei summenzionati diritti non sia soggetto ad alcuna restrizione, eccetto quelle previste con legge e che siano conformi ai loro obblighi deri- vanti dal diritto internazionale, in particolare dal Patto Internazionale sui Diritti Civili e Politici, ed ai loro impegni internazionali, in particolare alla Dichiarazione Universale dei Diritti dell’Uomo. Tali restrizioni hanno carattere di eccezione. Gli Stati partecipanti assicureranno che dette restri- zioni non siano applicate in maniera abusiva né arbitraria, ma in modo tale da salvaguardare l’ef- fettivo esercizio di questi diritti.
(22) In tale contesto essi consentiranno a tutti i rifugiati che lo desiderino di ritornare in piena sicurezza alle proprie dimore.
(23) Gli Stati partecipanti (23.1) – assicureranno che nessuna persona sia arbitrariamente arrestata, detenuta o esiliata; (23.2) – assicureranno che tutte le persone detenute o incarcerate siano trattate con l’umanità e il rispetto dovuti alla dignità propria della persona umana;
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(23.3) – osserveranno le Norme delle Nazioni Unite sugli standard minimi per il Trattamento dei detenuti nonché il Codice di condotta delle Nazioni Unite per i funzionari responsabili dell’ap- plicazione delle leggi; (23.4) – proibiranno la tortura ed altri trattamenti o pene crudeli, inumani o degradanti e adot- teranno efficaci misure legislative, amministrative, giudiziarie e altre per prevenire e punire tali pratiche; (23.5) – esamineranno la possibilità di aderire, se non lo abbiano già fatto, alla Convenzione con- tro la tortura ed altre pene crudeli o trattamenti inumani o degradanti; (23.6) – proteggeranno gli individui contro qualsiasi pratica psichiatrica o altra pratica medica che violino i diritti dell’uomo e le libertà fondamentali e adotteranno misure efficaci per preve- nire e punire tali pratiche.
(24) Per quanto riguarda la questione della pena capitale, gli Stati partecipanti rilevano che la pena capitale è stata abolita in alcuni di loro. Negli Stati partecipanti che non abbiano ancora abolito la pena capitale, la condanna a morte potrà essere comminata soltanto per i reati più gravi con- formemente alle leggi in vigore all’epoca in cui è stato commesso il reato e non in contrasto con i loro impegni internazionali. Detta questione resterà all’esame. In tale contesto gli Stati parteci- panti coopereranno nell’ambito delle organizzazioni internazionali competenti.
(25) Al fine di sviluppare la reciproca comprensione e fiducia, promuovere relazioni amichevoli e di buon vicinato, consolidare la pace, la sicurezza e la giustizia internazionali e migliorare l’attuazione dei loro impegni CSCE, gli Stati partecipanti svilupperanno ulteriormente la cooperazione e pro- muoveranno il dialogo fra loro in tutti i campi e a tutti i livelli sulla base della piena uguaglianza. Essi concordano che il pieno rispetto e l’applicazione integrale dei Principi e l’adempimento delle altre disposizioni CSCE miglioreranno le loro relazioni e stimoleranno lo sviluppo della loro coo- perazione. Essi si asterranno da qualsiasi atto incompatibile con le disposizioni dell’Atto Finale e degli altri documenti CSCE e riconoscono che qualsiasi atto del genere pregiudicherebbe le loro relazioni ed ostacolerebbe lo sviluppo della cooperazione fra di essi.
(26) Essi confermano che i governi, le istituzioni, le organizzazioni e le persone hanno un ruolo proprio e positivo da svolgere, contribuendo al conseguimento degli obiettivi della loro coopera- zione e alla piena realizzazione dell’Atto Finale. A tal fine essi rispetteranno il diritto delle per- sone a osservare e a promuovere l’applicazione delle disposizioni CSCE e ad associarsi ad altri a tale scopo. Essi faciliteranno i contatti e le comunicazioni dirette fra tali persone, organizzazioni e istituzioni all’interno degli Stati partecipanti e tra di essi ed elimineranno, ove esistano, gli osta- coli giuridici e amministrativi incompatibili con le disposizioni CSCE. Essi adotteranno inoltre misure efficaci per facilitare l’accesso alle informazioni sull’attuazione delle disposizioni CSCE e la libera espressione di opinioni in merito a tali questioni. (…)
Cooperazione nei Campi dell’Economia, della Scienza e della Tecnica, e dell’Ambiente (…)
Cooperazione in altri settori
(40) Gli Stati partecipanti pongono in risalto l’esigenza di un’efficace attuazione delle disposizioni dell’Atto Finale e del Documento Conclusivo di Madrid relative ai lavoratori migranti ed alle loro
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famiglie in Europa. Essi invitano i paesi di accoglimento e i paesi di origine a compiere sforzi per migliorare ulteriormente le condizioni economiche, sociali, culturali e le altre condizioni di vita dei lavoratori migranti e delle loro famiglie che risiedono legalmente nei paesi di accoglimento. Essi raccomandano che i paesi di accoglimento e i paesi di origine promuovano la loro coopera- zione bilaterale nei settori rilevanti per facilitare il reinserimento dei lavoratori migranti e delle loro famiglie al loro ritorno nel paese di origine.
(41) Gli Stati partecipanti, conformemente ai pertinenti impegni assunti nell’Atto Finale e nel Docu- mento Conclusivo di Madrid, considereranno favorevolmente le domande di riunificazione delle famiglie nonché i contatti e le visite familiari riguardanti lavoratori migranti di altri Stati parte- cipanti con residenza legale nei paesi di accoglimento.
(42) Gli Stati partecipanti assicureranno che i lavoratori migranti di altri Stati partecipanti e le loro famiglie possano liberamente avvalersi della propria cultura nazionale e preservarla ed avere accesso alla cultura del paese di accoglimento.
(43) Mirando ad assicurare effettivamente uguali possibilità per i figli dei lavoratori migranti e i figli dei propri cittadini per quanto concerne l’accesso a tutte le forme e a tutti i livelli d’istru- zione, gli Stati partecipanti affermano la propria disponibilità a prendere le misure necessarie per meglio utilizzare e per migliorare le possibilità educative. Inoltre, essi incoraggeranno o facilite- ranno, ove esista una richiesta ragionevole, un insegnamento supplementare nella propria madre- lingua per i figli dei lavoratori migranti.
(44) Gli Stati partecipanti riconoscono che le questioni dei lavoratori migranti hanno una pro- pria dimensione umana.
(45) Gli Stati partecipanti riconoscono che l’incidenza dei mutamenti economici e tecnologici è for- temente sentita sul posto di lavoro. Essi sottolineano la loro disponibilità ad incoraggiare la coo- perazione nel campo delle politiche di formazione professionale mediante un maggiore scambio di informazioni e di esperienze al fine di elevare i livelli di istruzione, le conoscenze e le capacità pro- fessionali nonché la capacità di adattamento del personale occupato nell’industria e nel commercio.
(46) Gli Stati partecipanti riconoscono l’importanza di facilitare l’integrazione dei giovani nella vita professionale. Essi continueranno pertanto i propri sforzi per assicurare le condizioni necessarie per l’istruzione e la formazione professionale dei giovani e per promuovere le possibilità di impiego dei giovani nei diversi settori dell’economia. Essi continueranno i propri sforzi per creare le con- dizioni necessarie per sviluppare il livello delle conoscenze scientifiche e culturali dei propri cit- tadini, in particolare dei giovani, e per facilitare il loro accesso alle realizzazioni nel campo delle scienze naturali e sociali, nonché della cultura. (…)
Cooperazione nel settore umanitario e in altri settori
Gli Stati partecipanti,
Considerando che la cooperazione nel settore umanitario e in altri settori è un fattore essenziale per lo sviluppo delle loro relazioni,
Convenendo che la loro cooperazione in tali settori dovrebbe aver luogo nel pieno rispetto dei Prin- cipi che reggono le relazioni fra gli Stati partecipanti enunciati nell’Atto Finale nonché delle dispo- sizioni del Documento Conclusivo di Madrid e del presente Documento relative a tali principi,
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Confermando che, nel dare attuazione alle disposizioni concernenti la cooperazione nel settore umanitario e in altri settori nel quadro delle loro leggi e dei loro regolamenti, essi assicureranno che tali leggi e regolamenti siano conformi agli obblighi ad essi derivanti dal diritto internazio- nale e siano armonizzati con i loro impegni CSCE,
Riconoscendo che l’attuazione delle pertinenti disposizioni dell’Atto Finale e del Documento Con- clusivo di Madrid richiede sforzi costanti e intensificati,
Hanno adottato e daranno attuazione a quanto segue:
Contatti fra persone
(1) Nel dare attuazione alle disposizioni sui contatti fra persone enunciate nell’Atto Finale, nel Documento Conclusivo di Madrid e nel presente Documento, essi rispetteranno pienamente gli obblighi assunti in base al diritto internazionale, quali richiamati nel paragrafo del presente Docu- mento dedicato ai principi, in particolare la libertà di ogni persona di lasciare qualsiasi paese, compreso il proprio, e di far ritorno al proprio paese, nonché gli impegni internazionali da essi assunti in tale settore.
(2) Essi assicureranno che le proprie politiche concernenti l’ingresso nei rispettivi territori siano pienamente conformi ai fini enunciati nelle pertinenti disposizioni dell’Atto Finale, del Documento Conclusivo di Madrid e del presente Documento.
(3) Essi assumeranno le necessarie iniziative per evadere nel più breve tempo possibile, ma in ogni caso non oltre sei mesi, tutte le domande, basate sulle disposizioni relative ai contatti fra persone dell’Atto Finale e del Documento Conclusivo di Madrid, ancora in sospeso al momento della con- clusione della Riunione di Vienna nel quadro dei Seguiti della CSCE.
(4) Essi effettueranno in seguito regolari revisioni per accertare che tutte le domande basate sulle disposizioni relative ai contatti fra persone dell’Atto Finale e degli altri citati documenti CSCE siano trattate in maniera conforme a tali disposizioni.
(5) Essi decideranno sulle domande relative ad incontri familiari con conformemente all’Atto Finale e agli altri citati documenti CSCE nel più breve tempo possibile, nella prassi normale entro un mese.
(6) Essi decideranno nella stessa maniera sulle domande relative alla riunificazione delle famiglie e ai matrimoni fra cittadini di Stati diversi, normalmente entro tre mesi.
(7) Considerando favorevolmente le domande relative a incontri familiari, essi terranno debito conto dei desideri del richiedente, in particolare per quanto riguarda il periodo e una durata suf- ficientemente lunga di tali incontri, nonché l’intenzione di compiere viaggi con altri membri della propria famiglia per incontri familiari comuni.
(8) Considerando favorevolmente le domande relative a incontri familiari, essi consentiranno anche visite a e da parenti meno prossimi.
(9) Considerando favorevolmente le domande concernenti la riunificazione delle famiglie o i matri- moni fra cittadini di Stati diversi, essi rispetteranno i desideri dei richiedenti per quanto riguarda il paese di destinazione che sia disposto ad accoglierli.
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(10) Essi presteranno particolare attenzione alla soluzione dei problemi concernenti la riunifica- zione dei figli minorenni con i propri genitori. In tale contesto e sulla base delle pertinenti dispo- sizioni dell’Atto Finale e degli altri citati documenti CSCE assicureranno • che una domanda al riguardo presentata quando il figlio è minorenne sia trattata favorevolmente e sollecitamente per realizzare la riunificazione senza ritardi; e • che si prendano provvedimenti adeguati per proteggere gli interessi e il benessere dei figli in questione.
(11) Essi considereranno l’opportunità di ridurre gradualmente ed infine eliminare qualsiasi disposizione che richieda ai viaggiatori di acquistare valuta locale in eccedenza rispetto a quanto necessario per le spese prevedibili, dando priorità alle persone che viaggiano per incontri fami- liari. Concederanno a tali persone la possibilità pratica di portare con sé, in entrata e in uscita, beni personali o regali.
(12) Essi presteranno immediata attenzione alle domande di viaggio per motivi umanitari urgenti e le tratteranno favorevolmente come segue: • nei casi di visite a un familiare gravemente ammalato o moribondo, di viaggi per partecipare ai funerali di un familiare o di viaggi di persone che hanno la comprovata necessità di un urgente trattamento sanitario o per le quali si possa evidenziare un’affezione critica o terminale, essi decideranno in merito alla domanda entro tre giorni lavorativi; • nei casi di viaggi di persone gravemente ammalate o di anziani e di altri viaggi di carattere uma- nitario urgente, essi decideranno in merito alle domande con la massima sollecitudine possibile. • Essi faranno in modo che le competenti autorità locali, regionali e centrali, responsabili dell’ap- plicazione di quanto sopra, intensifichino i propri sforzi e assicureranno che i diritti dovuti per il trattamento prioritario di tali domande non superino i costi effettivamente sostenuti.
(13) Nel considerare le domande di viaggio per incontri familiari, riunificazione di famiglie o matri- moni fra cittadini di Stati diversi, essi assicureranno che i diritti del richiedente, quali previsti nei pertinenti strumenti internazionali, non siano pregiudicati a causa di atti od omissioni da parte di membri della sua famiglia.
(14) Essi provvederanno affinché tutti i documenti necessari a corredo delle domande connesse con le disposizioni relative ai contatti fra persone dell’Atto Finale e degli altri citati documenti CSCE siano facilmente conseguibili dal richiedente. I documenti resteranno validi fintanto che l’esame della domanda è in corso. In caso di ripresentazione della domanda si prenderanno in considera- zione i documenti già presentati dal richiedente in occasione di precedenti domande.
(15) Essi semplificheranno le procedure e ridurranno gradualmente i requisiti amministrativi per le domande di cui alle disposizioni sui contatti fra persone dell’Atto Finale e degli altri citati documenti CSCE.
(16) Essi assicureranno che, allorché le domande di cui alle disposizioni relative ai contatti fra per- sone dell’Atto Finale e degli altri citati documenti CSCE vengono respinte per motivi specificati negli strumenti internazionali pertinenti, al richiedente sia data senza indugi e per iscritto noti- fica ufficiale della motivazione su cui si fonda la decisione. Di regola e in tutti i casi in cui il richie- dente lo esiga, questi sarà adeguatamente informato sulle procedure da seguire per utilizzare, contro la decisione, tutti i ricorsi effettivi, amministrativi o giudiziari a disposizione dell’interes- sato, come previsto negli strumenti internazionali summenzionati. Qualora si tratti di uscita dal
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paese per stabilirsi permanentemente all’estero, tale informazione sarà fornita contestualmente alla notifica ufficiale sopra prevista.
(17) Se, in tale contesto, una domanda di viaggio all’estero viene respinta per motivi di sicurezza nazionale, essi assicureranno che, entro limiti di tempo strettamente giustificati, la durata di qual- siasi restrizione al viaggio dell’interessato sia quanto più breve possibile e che tale restrizione non venga applicata in modo arbitrario. Essi inoltre assicureranno che il richiedente possa far riesa- minare la decisione di rifiuto entro sei mesi e quindi, ove si rendesse necessario, a intervalli rego- lari in modo da tener conto degli eventuali mutamenti nelle circostanze che l’hanno determinata, quali il tempo trascorso da quando il richiedente è stato per l’ultima volta impegnato in impieghi o funzioni che coinvolgevano la sicurezza nazionale. Prima che le persone assumano tali impie- ghi o funzioni, sarà ufficialmente notificato alle stesse se e in che modo ciò potrebbe pregiudicare le domande che esse possano presentare per tali viaggi all’estero.
(18) Essi pubblicheranno e renderanno facilmente accessibili entro un anno dalla conclusione della Riunione di Vienna nel quadro dei Seguiti della CSCE, qualora ciò non sia già stato fatto, tutte le loro leggi e regolamenti relativi agli spostamenti delle persone all’interno del territorio nazio- nale e ai viaggi in altri Stati.
(19) Nel considerare favorevolmente le domande connesse con le disposizioni relative ai contatti fra persone dell’Atto Finale e degli altri citati documenti CSCE, essi assicureranno che a queste sia dato esito tempestivamente, anche per tener debito conto degli interessi di natura familiare, per- sonale o professionale che hanno rilevanza per il richiedente.
(20) Essi considereranno favorevolmente le domande di viaggio all’estero senza discriminazioni di alcun genere, quali razza, colore, sesso, lingua, religione, opinioni politiche o di altro genere, origine nazionale o sociale, censo, nascita, età o altra situazione. Essi assicureranno che un rifiuto non pregiudichi le domande presentate da altre persone.
(21) Essi faciliteranno, inoltre, i viaggi su base individuale o collettiva per motivi personali e pro- fessionali nonché per turismo, quali i viaggi di delegazioni, gruppi o individui. A tal fine essi ridur- ranno al minimo il tempo per l’esame delle domande relative a tali viaggi.
(22) Essi prenderanno in seria considerazione le proposte per la conclusione di accordi sul rilascio di visti di ingresso multipli e sul reciproco snellimento delle formalità di rilascio dei visti e consi- dereranno le possibilità di realizzare, mediante accordo, la reciproca abolizione dei visti di ingresso.
(23) Essi considereranno l’adesione ai pertinenti strumenti multilaterali nonché la conclusione, se necessario, di accordi complementari o di altri accordi bilaterali, al fine di migliorare le disposi- zioni intese ad assicurare un’efficace assistenza consolare, legale e medica ai cittadini degli altri Stati partecipanti che si trovino temporaneamente nel loro territorio.
(24) Essi adotteranno ogni misura necessaria per assicurare che, ove ciò non sia già il caso, sia garantita in modo appropriato la sicurezza personale dei cittadini di altri Stati partecipanti che si trovino temporaneamente nel loro territorio per motivi personali o professionali, fra l’altro allo scopo di partecipare ad attività culturali, scientifiche ed educative.
(25) Essi faciliteranno ed incoraggeranno l’instaurazione e il mantenimento di contatti personali diretti fra i propri cittadini nonché fra rappresentanti delle rispettive istituzioni ed organizzazioni mediante viaggi fra Stati e l’uso di altri mezzi di comunicazione.
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(26) Essi faciliteranno tali contatti e i rapporti fra le proprie popolazioni con iniziative quali scambi sportivi diretti a livello locale e regionale, la libera instaurazione e attuazione di accordi di gemel- laggio fra città, nonché lo scambio di studenti e insegnanti.
(27) Essi incoraggeranno l’ulteriore sviluppo di contatti diretti fra giovani, nonché fra organizza- zioni e istituzioni giovanili e studentesche governative e non governative, la conclusione fra tali organizzazioni di accordi e programmi bilaterali e multilaterali e lo svolgimento, su una base bila- terale e multilaterale, di manifestazioni e attività educative, culturali e di altro genere da parte dei giovani e per essi.
(28) Essi compiranno ulteriori sforzi per facilitare i viaggi ed il turismo dei giovani, fra l’altro raccomandando ai propri enti ferroviari, membri dell’Unione Internazionale Ferroviaria (UIC) di ampliare il Sistema Inter-Rail in modo da comprendere tutte le reti europee e raccomandando ai propri enti ferroviari, che non siano membri dell’UIC, di prendere in esame l’istituzione di ser- vizi analoghi.
(29) Conformemente alla Convenzione Postale Universale e alla Convenzione Internazionale sulle Telecomunicazioni, essi: • garantiranno la libertà delle comunicazioni postali; • assicureranno il recapito rapido e senza ostacoli della posta, compresa la corrispondenza e i pacchi postali; • rispetteranno la riservatezza e l’integrità delle comunicazioni postali e telefoniche; • assicureranno le condizioni necessarie per comunicazioni telefoniche rapide e senza interru- zioni, compreso l’uso, ove esista, e lo sviluppo di sistemi di teleselezione internazionale diretta.
(30) Essi incoraggeranno contatti personali diretti fra i cittadini dei propri Stati, fra l’altro faci- litando i viaggi individuali nei rispettivi paesi e consentendo agli stranieri di incontrare i propri cittadini, nonché, se invitati, di soggiornare in case private.
(31) Essi assicureranno che lo status delle persone appartenenti a minoranze nazionali o a culture regionali che si trovano nei propri territori sia uguale a quello degli altri cittadini per quanto riguarda i contatti fra persone ai sensi dell’Atto Finale e degli altri citati documenti CSCE, compresi l’instau- razione e il mantenimento di tali contatti, mediante viaggi e altri mezzi di comunicazione, anche con cittadini di altri Stati aventi una comune origine nazionale o un retaggio culturale comune.
(32) Essi consentiranno ai credenti, ai culti religiosi e ai loro rappresentanti, in gruppi o indivi- dualmente, di stabilire e mantenere contatti personali diretti e comunicazioni gli uni con gli altri nel proprio paese e in altri paesi, fra l’altro con viaggi, pellegrinaggi e con la partecipazione a riu- nioni e ad altri avvenimenti religiosi. In tale contesto, e nella misura adeguata a tali contatti ed avvenimenti, sarà consentito agli interessati di acquistare, ricevere e portare con sé pubblicazioni e oggetti connessi con la pratica della loro religione o convinzione
(33) Essi hanno preso conoscenza dei resoconti della Riunione di Esperti sui Contatti Umani, tenu- tasi a Berna dal 15 aprile al 26 maggio 1986. Rilevando che in tale Riunione non sono state rag- giunte conclusioni, essi hanno considerato che sia la franchezza dei dibattiti sia il maggior grado di apertura nello scambio di punti di vista rappresentano un’evoluzione positiva. A tale riguardo è apparso particolarmente importante che le proposte presentate nella Riunione abbiano rice- vuto ulteriore considerazione in seno alla Riunione di Vienna nel quadro dei Seguiti della CSCE.
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Informazione
(34) Essi continueranno ad impegnarsi per contribuire a una sempre più ampia conoscenza e com- prensione della vita nei loro Stati, promuovendo in tal modo la fiducia fra i popoli.
Essi compiranno ulteriori sforzi per facilitare una più libera ed ampia diffusione di ogni tipo di informazione, per incoraggiare la cooperazione nel campo dell’informazione e per migliorare le condizioni di lavoro dei giornalisti.
A tale riguardo e conformemente al Patto Internazionale sui Diritti Civili e Politici, alla Dichiara- zione Universale dei Diritti dell’Uomo e ai pertinenti impegni internazionali assunti relativamente alla ricerca, alla ricezione e alla comunicazione di informazioni di ogni tipo, essi assicureranno che le persone possano scegliere liberamente le proprie fonti di informazione.
In tale contesto: • essi assicureranno che i servizi radiofonici che operano in conformità con le Regolamentazioni radiofoniche d ell’UIT siano direttamente e normalmente ricevuti nei propri Stati e • permetteranno alle persone, alle istituzioni e alle organizzazioni, nel rispetto dei diritti di pro- prietà intellettuale, inclusi i diritti d’autore, di ottenere, possedere, riprodurre e distribuire mate- riale informativo di ogni genere.
A tal fine essi elimineranno qualsiasi restrizione incompatibile con i suddetti obblighi ed impegni.
(35) Essi coglieranno ogni occasione offerta dai moderni mezzi di comunicazione, compresi quelli via cavo e via satellite, per una sempre più libera ed ampia diffusione di ogni genere di informa- zioni. Incoraggeranno anche la cooperazione e gli scambi fra le proprie istituzioni e organizzazioni competenti e gli esperti del settore tecnico e opereranno per l’armonizzazione di norme e regola- menti tecnici. Essi terranno presenti gli effetti di tali mezzi di comunicazione moderni sui propri mezzi di informazione di massa.
(36) Essi assicureranno concretamente che bollettini ufficiali di informazione possano essere distri- buiti liberamente nei propri territori dalle missioni diplomatiche e da altre missioni ufficiali non- ché dagli uffici consolari degli altri Stati partecipanti.
(37) Essi incoraggeranno le organizzazioni radiotelevisive, in base ad accordi fra loro, a trasmet- tere in diretta, in particolare nei paesi che li organizzano, programmi e dibattiti con partecipanti di diversi Stati e a trasmettere dichiarazioni e interviste di personalità politiche e di altro genere degli Stati partecipanti.
(38) Essi incoraggeranno le organizzazioni radiotelevisive a realizzare servizi su diversi aspetti della vita negli altri Stati partecipanti e incoraggeranno un incremento del numero dei ponti tele- visivi fra i rispettivi paesi.
(39) Ricordando che per il legittimo esercizio della propria attività professionale i giornalisti non sono passibili di espulsione né devono essere soggetti ad altri pregiudizi, essi si asterranno dal pren- dere misure restrittive quali la revoca dell’accreditamento di un giornalista o la sua espulsione a causa del contenuto di un servizio del giornalista o dell’organo di informazione cui appartiene.
(40) Essi assicureranno che i giornalisti, compresi quelli che rappresentano i mezzi di informa- zione di altri Stati partecipanti, nell’esercizio di tale attività, siano liberi di cercare l’accesso e di
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mantenere contatti con fonti di informazione pubbliche e private e che venga rispettata la loro esi- genza del segreto professionale.
(41) Essi rispetteranno il diritto d’autore dei giornalisti.
(42) Al fine di realizzare servizi giornalistici regolari, essi concederanno, se del caso in base ad accordi fra loro, l’accreditamento, quando è richiesto, e visti d’ingresso multipli a giornalisti di altri Stati partecipanti, indipendentemente dal loro domicilio. Su tale base essi ridurranno ad un mas- simo di due mesi il periodo necessario per la concessione ai giornalisti sia dell’accreditamento sia di visti di ingresso multipli.
(43) Essi faciliteranno il lavoro dei giornalisti stranieri fornendo, su richiesta, le informazioni pertinenti su questioni di interesse pratico, quali regolamenti di importazione, tasse e alloggio.
(44) Essi garantiranno anche ai giornalisti stranieri l’accesso alle conferenze stampa ufficiali, pre- vio accreditamento, quando questo sia richiesto, nonché, se del caso, la partecipazione ad altri simili incontri stampa ufficiali.
(45) Essi assicureranno concretamente che le persone appartenenti a minoranze nazionali o a cul- ture regionali, che si trovano nei propri territori, possano diffondere, ricevere e scambiare infor- mazioni nella loro madrelingua. (…)
Cooperazione e scambi nel campo della cultura
(47) Essi promuoveranno e daranno pieno effetto alla cooperazione culturale reciproca mediante, fra l’altro, l’esecuzione degli accordi bilaterali e multilaterali pertinenti, conclusi fra loro nei vari campi della cultura.
(48) Essi incoraggeranno le organizzazioni non governative attive nel campo della cultura a parteci- pare, unitamente alle istituzioni statali, all’elaborazione e all’esecuzione di tali accordi e progetti spe- cifici, nonché all’elaborazione di misure pratiche concernenti gli scambi e la cooperazione culturali.
(49) Essi favoriranno la creazione, nel proprio territorio, mediante reciproco accordo, di istituti o centri culturali di altri Stati partecipanti. Saranno assicurati il libero accesso da parte del pub- blico a tali istituti o centri nonché il loro normale funzionamento.
(50) Essi assicureranno il libero accesso del pubblico a manifestazioni culturali organizzate nel loro territorio da persone o istituzioni di altri Stati partecipanti ed assicureranno che gli organizzatori possano utilizzare tutti i mezzi disponibili nel paese ospite per pubblicizzarle.
(51) Essi faciliteranno ed incoraggeranno contatti personali diretti nel campo della cultura, su base sia individuale sia collettiva, come anche fra istituzioni culturali, associazioni di artisti e del mondo dello spettacolo ed altre organizzazioni per offrire maggiori possibilità ai loro cittadini di conoscere direttamente la produzione culturale sia negli altri Stati partecipanti sia proveniente dagli altri Stati partecipanti.
(52) Essi assicureranno la libera circolazione di opere d’arte e di altri beni culturali, fatte salve le sole limitazioni che mirano a preservare il proprio patrimonio culturale, sono basate sul rispetto dei diritti di proprietà intellettuale ed artistica oppure che derivano dai loro impegni internazionali concernenti la circolazione di beni culturali.
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(53) Essi incoraggeranno la cooperazione e l’impegno artistico congiunto di persone di diversi Stati partecipanti che svolgono attività culturali; faciliteranno, nel modo appropriato, le iniziative specifiche a tale scopo di dette persone, istituzioni e organizzazioni, e incoraggeranno la parte- cipazione di giovani a tali iniziative. In tale contesto essi incoraggeranno la realizzazione di riu- nioni e simposi, esposizioni, festival e tournée di complessi o compagnie, nonché i programmi di ricerca e formazione cui possano liberamente partecipare ed apportare contributi anche per- sone di altri Stati partecipanti.
(54) La sostituzione di persone o gruppi invitati a partecipare ad un’attività culturale avrà carat- tere eccezionale e sarà soggetta a preventiva approvazione della parte invitante.
(55) Essi incoraggeranno lo svolgimento di settimane del cinema, ivi compresi, se del caso, incontri di artisti ed esperti e conferenze sull’arte cinematografica; faciliteranno ed incoraggeranno con- tatti diretti fra registi cinematografici e produttori per la coproduzione di film, incoraggeranno la cooperazione nel campo della tutela del materiale cinematografico e lo scambio di informazioni e pubblicazioni tecniche sul cinema.
(56) Essi esamineranno le possibilità di informatizzare in una forma standardizzata e di diffon- dere bibliografie e cataloghi di opere e produzioni culturali.
(57) Essi incoraggeranno musei e gallerie d’arte a sviluppare contatti diretti al fine, fra l’altro, di organizzare esposizioni, compreso il prestito di opere d’arte, e di effettuare scambi di cataloghi.
(58) Essi rinnoveranno i propri sforzi per dare effetto a tutte le disposizioni dell’Atto Finale e del Documento Conclusivo di Madrid relative alle lingue meno parlate. Essi incoraggeranno inoltre le iniziative destinate ad aumentare il numero delle traduzioni di opere letterarie da e in tali lingue e a migliorarne la qualità, in particolare svolgendo seminari con la partecipazione di traduttori, autori ed editori, con la pubblicazione di dizionari e, ove appropriato, con lo scambio di tradut- tori sulla base di borse di studio.
(59) Essi assicureranno che le persone appartenenti a minoranze nazionali o a culture regionali che si trovano nel loro territorio abbiano ogni opportunità di mantenere e sviluppare la propria cultura in tutti i suoi aspetti, comprese la lingua, la letteratura, la religione, e che possano preser- vare i propri monumenti e oggetti culturali e storici. (…)
(61) Essi incoraggeranno ogni sforzo mirante a individuare le caratteristiche culturali comuni e a favorire una maggiore consapevolezza del loro retaggio culturale, tenendo debitamente conto dell’originalità e delle diversità delle loro rispettive culture. Conseguentemente essi incoraggeranno le iniziative che possono contribuire ad una migliore conoscenza del retaggio culturale degli altri Stati partecipanti in tutte le sue forme, compresi gli aspetti regionali e l’arte popolare. (…)
Cooperazione e scambi nel campo dell’educazione
(63) Essi assicureranno l’accesso ai vari tipi e livelli di educazione a tutti senza discriminazione di razza, colore, sesso, lingua, religione, opinioni politiche o altre, origine nazionale o sociale, censo, nascita o altra situazione.
50 (64) Al fine di incoraggiare una cooperazione più ampia nel campo della scienza e dell’educa- zione essi faciliteranno libere comunicazioni fra università e altre istituzioni di istruzione supe- riore e ricerca. Essi inoltre faciliteranno contatti personali diretti, fra l’altro mediante viaggi, fra studiosi, scienziati e altre persone attive in questi campi.
(65) Essi assicureranno anche la libertà di accesso da parte di studiosi, insegnanti e studenti di altri Stati partecipanti a materiale informativo accessibile, disponibile in archivi pubblici, biblioteche, istituti di ricerca e organismi analoghi.
(66) Essi faciliteranno scambi di scolari fra i propri paesi, sulla base di accordi bilaterali, ove neces- sario, inclusi gli incontri con le famiglie del paese ospite e il soggiorno nelle loro case, allo scopo di far conoscere agli scolari la vita, le tradizioni e l’educazione negli altri Stati partecipanti.
(67) Essi incoraggeranno i propri enti governativi o le istituzioni educative competenti ad inserire, nel modo appropriato, il testo integrale dell’Atto Finale nei programmi delle scuole e delle università.
(68) Essi assicureranno che le persone appartenenti a minoranze nazionali o a culture regionali che si trovano possano impartire o ricevere un’istruzione sulla propria cultura, fra l’altro, tramite la trasmissione dai genitori ai figli della lingua, della religione e dell’identità culturale.
(69) Essi incoraggeranno le proprie organizzazioni radiotelevisive ad informarsi reciprocamente sulla loro produzione di programmi educativi e ad esaminare la possibilità dello scambio di tali programmi.
(70) Essi incoraggeranno i contatti diretti e la cooperazione fra le competenti istituzioni e orga- nizzazioni governative nel campo dell’educazione e della scienza.
(71) Essi incoraggeranno ulteriori contatti e la cooperazione fra istituzioni specializzate ed esperti nel campo dell’educazione e della riabilitazione dei minori handicappati.
Dimensione umana della CSCE
Gli Stati partecipanti,
Ricordando gli impegni assunti nell’Atto Finale e negli altri documenti CSCE concernenti il rispetto di tutti i diritti dell’uomo e delle libertà fondamentali, i contatti fra le persone e le altre questioni aventi un correlativo carattere umanitario,
Riconoscendo l’esigenza di migliorare l’attuazione dei loro impegni CSCE e la loro cooperazione nei settori qui di seguito indicati sotto la dizione «dimensione umana della CSCE»,
Sulla base dei Principi e delle disposizioni dell’Atto Finale e di altri pertinenti documenti CSCE, hanno deciso
1. di scambiarsi informazioni e rispondere alle richieste di informazione e alle osservazioni loro rivolte da altri Stati partecipanti su questioni relative alla dimensione umana della CSCE. Tali comunicazioni possono essere inoltrate tramite i canali diplomatici o essere indirizzate a qualsi- asi altro organismo appositamente designato;
2. di tenere riunioni bilaterali con altri Stati partecipanti che ne facciano richiesta per esaminare questioni relative alla dimensione umana della CSCE, incluse situazioni e casi specifici, al fine
51 Vienna 1989
di risolverli. La data e il luogo di tali riunioni saranno stabiliti con accordi reciproci tramite i canali diplomatici;
3. che qualsiasi Stato partecipante, che lo ritenga necessario, possa segnalare agli altri Stati parte- cipanti, tramite i canali diplomatici, le situazioni e i casi che rientrano nella dimensione umana della CSCE, inclusi quelli che sono stati sollevati nelle riunioni bilaterali di cui al paragrafo 2;
4. che qualsiasi Stato partecipante, che lo ritenga necessario, possa fornire informazioni sugli scambi di informazioni e sulle risposte alle sue richieste di informazioni e alle sue osservazioni (paragrafo 1) e sui risultati degli incontri bilaterali (paragrafo 2), comprese le informazioni riguardanti situa- zioni e casi specifici, alle riunioni della Conferenza sulla Dimensione Umana, nonché alle riunioni principali nel quadro dei Seguiti della CSCE. (…)
52 Rapporto sulle Conclusioni e Raccomandazioni della Riunione sulla Protezione dell’Ambiente Sofia 1989 (Vienna 1990)
(…)
Gli Stati partecipanti riaffermano il loro rispetto del diritto delle persone, dei gruppi e delle orga- nizzazioni interessati alle questioni ambientali di esprimere liberamente le proprie vedute, di asso- ciarsi ad altri, di riunirsi in modo pacifico, nonché di ottenere, pubblicare e diffondere informazioni su tali questioni, senza ostacoli giuridici e amministrativi incompatibili con le disposizioni CSCE. Tali persone, gruppi e organizzazioni hanno il diritto di partecipare a pubblici dibattiti su que- stioni ambientali, nonché di stabilire e mantenere contatti diretti e indipendenti a livello nazio- nale e internazionale.
53 Documento della Conferenza di Bonn sulla Cooperazione Economica in Europa Bonn 1990
(…) gli Stati partecipanti,
Riconoscendo la relazione fra pluralismo politico ed economie di mercato ed essendo impegnati ad osservare i principi riguardanti: • Una democrazia multipartitica basata su elezioni libere, periodiche e veritiere, • La supremazia della legge e l’uguale tutela per tutti in base alla legge, fondata sul rispetto dei diritti dell’uomo e su sistemi giuridici efficaci, accessibili ed equi, • Un’attività economica che conseguentemente tuteli la dignità dell’uomo e non implichi lavoro forzato, discriminazione nei confronti dei lavoratori per motivi di razza, sesso, lingua, opinioni politiche o religione, e non neghi il diritto dei lavoratori di costituire liberamente sindacati indi- pendenti o di aderirvi,
Si adopereranno per conseguire o mantenere quanto segue: (…) • Politiche che favoriscano la giustizia sociale e migliorino le condizioni di vita e di lavoro, (…) • Pieno riconoscimento e tutela di tutti i tipi di proprietà, compresa la proprietà privata, e del diritto dei cittadini di possederla e usarla, nonché dei diritti di proprietà intellettuale, • Il diritto ad un risarcimento rapido, equo e concreto nel caso in cui la proprietà privata venga espropriata per pubblica utilità,
54 Documento della Riunione di Copenhagen della Conferenza sulla Dimensione Umana della CSCE Copenhagen 1990
(…)
Gli Stati partecipanti accolgono con grande soddisfazione i mutamenti politici fondamentali veri- ficatisi in Europa dopo la prima Riunione della Conferenza sulla Dimensione Umana della CSCE tenutasi a Parigi nel 1989. Essi rilevano che il processo CSCE ha contribuito significativamente a determinare questi mutamenti e che tali sviluppi hanno a loro volta favorito notevolmente l’attua- zione delle disposizioni dell’Atto Finale e degli altri documenti CSCE.
Essi riconoscono che la democrazia pluralistica e lo Stato di diritto sono essenziali per garantire il rispetto di tutti i diritti dell’uomo e le libertà fondamentali, lo sviluppo dei contatti fra le persone e la soluzione di altre questioni aventi un correlativo carattere umanitario. Essi pertanto accolgono con favore l’impegno espresso da tutti gli Stati partecipanti verso gli ideali della democrazia e del pluralismo politico nonché la loro comune determinazione di costruire società democratiche fon- date su libere elezioni e sullo Stato di diritto.
Nella Riunione di Copenaghen gli Stati partecipanti hanno compiuto un’analisi dell’attuazione dei propri impegni nel campo della dimensione umana. Essi hanno rilevato che il grado di osser- vanza degli impegni contenuti nelle pertinenti disposizioni dei documenti CSCE ha dimostrato un fondamentale miglioramento dopo la Riunione di Parigi. Essi, tuttavia, hanno altresì espresso l’opinione che sono necessari ulteriori passi per la piena attuazione dei loro impegni relativi alla dimensione umana.
Gli Stati partecipanti esprimono la propria convinzione che il pieno rispetto dei diritti dell’uomo e delle libertà fondamentali e lo sviluppo di società basate su una democrazia pluralistica e sullo Stato di diritto sono requisiti preliminari per progredire verso la costituzione di un ordine dure- vole di pace, sicurezza, giustizia e cooperazione che essi cercano di stabilire in Europa. Essi per- tanto riaffermano il proprio impegno di attuare pienamente tutte le disposizioni dell’Atto Finale e degli altri documenti CSCE relativi alla dimensione umana e di consolidare i progressi compiuti.
Essi riconoscono che la cooperazione fra loro, nonché il coinvolgimento attivo di persone, gruppi, organizzazioni e istituzioni, sarà essenziale a garantire un progresso continuo verso gli obiettivi da loro condivisi.
Al fine di rafforzare il rispetto e il godimento dei diritti dell’uomo e delle libertà fondamentali, di sviluppare i contatti fra le persone e di risolvere le questioni aventi un correlativo carattere uma- nitario, gli Stati partecipanti concordano quanto segue:
55 Copenhagen 1990
I
(1) Gli Stati partecipanti esprimono il proprio convincimento che la tutela e la promozione dei diritti dell’uomo e delle libertà fondamentali costituiscono uno dei fini fondamentali dello Stato e riaffermano che il riconoscimento di tali diritti e libertà costituisce il fondamento della libertà, della giustizia e della pace.
(2) Essi sono determinati a sostenere e promuovere i principi di giustizia che rappresentano la base dello Stato di diritto. Essi considerano che lo Stato di diritto non consiste in una mera legalità formale che assicuri regolarità e coerenza nel conseguimento e nell’attuazione dell’ordine demo- cratico, ma comporta altresì l’affermazione della giustizia fondata sul riconoscimento e la piena accettazione del valore supremo della persona umana e garantita da istituzioni nel cui quadro essa trovi la sua più piena espressione.
(3) Essi riaffermano che la democrazia è un elemento inerente dello Stato di diritto. Essi ricono- scono l’importanza del pluralismo per quanto riguarda le organizzazioni politiche.
(4) Essi confermano che rispetteranno il diritto di ciascuno degli Stati di scegliere e sviluppare libe- ramente, conformemente ai principi internazionali sui diritti dell’uomo, il proprio sistema politico, sociale, economico e culturale. Nell’esercizio di tale diritto, essi assicureranno che le loro leggi, regolamenti, prassi e politiche siano conformi ai loro obblighi di diritto internazionale, e vengano armonizzati con le disposizioni della Dichiarazione sui Principi e con gli altri impegni CSCE.
(5) Essi dichiarano solennemente che fra gli elementi di giustizia, essenziali per la piena afferma- zione della dignità inerente alla persona umana e dei diritti uguali e inalienabili di tutti gli uomini, sono compresi i seguenti: (5.1) – libere elezioni da svolgersi ad intervalli ragionevoli con voto segreto o con procedure equi- valenti di libera votazione, in condizioni che assicurino in pratica la libera espressione dell’opi- nione degli elettori nella scelta dei loro rappresentanti, (5.2) – una forma di governo a carattere rappresentativo, in base alla quale l’esecutivo sia respon- sabile di fronte al potere legislativo elettivo o all’elettorato, (5.3) – l’obbligo del governo e delle pubbliche autorità di osservare la Costituzione e di agire in modo conforme alla legge, (5.4) – una netta separazione tra Stato e partiti politici; in particolare, i partiti politici non devono confondersi con lo Stato, (5.5) – l’attività del governo e dell’amministrazione nonché quella del potere giudiziario saranno esercitate conformemente al sistema stabilito dalla legge. Deve essere assicurato il rispetto di tale sistema, (5.6) – le forze armate e la polizia saranno sotto il controllo e la responsabilità delle autorità civili, (5.7) – i diritti dell’uomo e le libertà fondamentali saranno garantiti dalla legge e conformi agli obblighi derivanti dal diritto internazionale, (5.8) – le leggi, da adottarsi mediante procedure pubbliche, e i regolamenti saranno pubblicati, e ciò deve essere la condizione della loro applicabilità. Tali testi saranno accessibili a tutti, (5.9) – tutte le persone sono uguali di fronte alla legge e hanno diritto, senza discriminazione, a un’u- guale tutela da parte della legge. A tale riguardo, la legge vieta qualsiasi discriminazione e garanti- sce a tutte le persone una tutela uguale ed effettiva contro discriminazioni comunque giustificate,
56 Copenhagen 1990
(5.10) – ciascuno disporrà di mezzi efficaci di ricorso contro le decisioni amministrative, affinché siano garantiti il rispetto dei diritti fondamentali e l’applicazione integrale della legge, (5.11) – le decisioni amministrative contro una persona devono essere pienamente giustificabili e devono di regola indicare gli usuali ricorsi disponibili, (5.12) – l’indipendenza dei giudici e l’imparzialità nel funzionamento dei servizi giudiziari pub- blici saranno assicurate; (5.13) – l’indipendenza della professione forense, in particolare per quanto riguarda le condizioni di ammissione e di esercizio dell’attività sarà riconosciuta e tutelata, (5.14) – le norme di procedura penale definiranno in modo chiaro i poteri in relazione al procedi- mento e alle misure che lo precedono e che lo accompagnano, (5.15) – chiunque sia arrestato o detenuto a seguito di un’accusa penale avrà il diritto di adire senza indugi un giudice o altro pubblico ufficiale autorizzato dalla legge ad esercitare questa funzione, affinché possa essere stabilita la legittimità del suo arresto o detenzione, (5.16) – l’accusato, nei giudizi penali, o chi, in un procedimento giudiziario, debba veder accertati i suoi diritti ed obblighi avrà diritto ad un’udienza pubblica e imparziale dinnanzi ad un tribunale competente, indipendente ed imparziale, previsto dalla legge, (5.17) – l’imputato avrà il diritto di difendersi di persona o di scegliere senza indugi il proprio difensore legale o, se non ha mezzi sufficienti per pagare per l’assistenza legale, di ottenerla gratu- itamente quando l’interesse della giustizia lo richieda, (5.18) – nessuno sarà accusato, processato o condannato per un reato penale non previsto da una legge che ne definisca gli elementi con chiarezza e precisione, (5.19) – ciascuno sarà presunto innocente fino a quando non venga provata la sua colpevolezza conformemente alla legge, (5.20) – considerando l’importante contributo apportato dagli strumenti internazionali nel campo dei diritti dell’uomo alla realizzazione dello Stato di diritto, gli Stati partecipanti riaffermano che essi prenderanno in considerazione l’opportunità di aderire al Patto Internazionale sui Diritti Civili e Politici, al Patto Internazionale sui Diritti Economici, Sociali e Culturali e ad altri stru- menti internazionali pertinenti, se non l’hanno ancora fatto, (5.21) – al fine di integrare i ricorsi nazionali e di meglio garantire che gli Stati partecipanti rispet- tino gli obblighi internazionali sottoscritti, essi prenderanno in considerazione l’opportunità di aderire ad una convenzione internazionale, regionale o universale concernente la tutela dei diritti dell’uomo, quali la Convenzione Europea sui Diritti dell’Uomo o il Protocollo Opzionale al Patto Internazionale sui Diritti Civili e Politici, che prevedono procedure di ricorso individuale ad organismi internazionali.
(6) Gli Stati partecipanti dichiarano che la volontà del popolo, liberamente e correttamente espressa mediante elezioni periodiche e oneste, costituisce la base dell’autorità e della legittimità di ogni governo. Gli Stati partecipanti rispetteranno, di conseguenza, il diritto dei propri cittadini di parte- cipare al governo del proprio paese sia direttamente sia tramite rappresentanti da essi liberamente eletti mediante procedure elettorali corrette. Essi riconoscono la responsabilità di garantire e pro- teggere, conformemente alle proprie leggi, agli obblighi internazionali relativi ai diritti dell’uomo e agli impegni internazionali assunti, l’ordinamento democratico liberamente stabilito attraverso la volontà del popolo contro le attività di persone, gruppi od organizzazioni impegnati in azioni terroristiche o che rifiutano di rinunciare al terrorismo o alla violenza miranti a rovesciare tale ordinamento o quello di un altro Stato partecipante.
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(7) Per garantire che la volontà del popolo sia alla base dell’autorità di governo, gli Stati partecipanti (7.1) – terranno libere elezioni ad intervalli ragionevoli, secondo quanto stabilito dalla legge, (7.2) – consentiranno che tutti i seggi di almeno una Camera della legislatura nazionale siano libe- ramente disputati in una votazione popolare, (7.3) – garantiranno il suffragio universale e in condizioni di uguaglianza ai cittadini maggiorenni, (7.4) – assicureranno votazioni segrete o equivalenti procedure di libera votazione e che i voti siano conteggiati e riportati onestamente e i loro risultati ufficiali resi pubblici, (7.5) – rispetteranno il diritto dei cittadini di candidarsi a cariche politiche o pubbliche, perso- nalmente o in rappresentanza di partiti o organizzazioni politiche, senza discriminazione alcuna, (7.6) – rispetteranno il diritto degli individui e dei gruppi di costituire, in piena libertà, propri partiti politici o altre organizzazioni politiche e offriranno a tali partiti e organizzazioni politi- che le garanzie giuridiche necessarie per consentire loro di competere reciprocamente sulla base dell’uguaglianza di trattamento di fronte alla legge e da parte delle autorità, (7.7) – assicureranno che la legge e il sistema politico consentano di condurre le campagne elet- torali in un’atmosfera corretta e libera, nella quale né misure amministrative, né la violenza, né l’intimidazione impediscano ai partiti e ai candidati di esporre liberamente le proprie opinioni e posizioni o impediscano agli elettori di conoscerle e discuterle nonché di dare il proprio voto senza timore di rappresaglie, (7.8) – faranno sì che nessun ostacolo legale o amministrativo limiti il libero accesso ai mezzi di informazione su base non discriminatoria per tutti i raggruppamenti politici e gli individui che intendono partecipare al processo elettorale, (7.9) – assicureranno che i candidati che ottengono il necessario numero di voti richiesti dalla legge assumano debitamente la carica e che sia loro consentito di rimanere in carica fino alla scadenza del mandato o, comunque, fino al termine dello stesso quale regolato dalla legge, conformemente alle procedure parlamentari, costituzionali e democratiche.
(8) Gli Stati partecipanti ritengono che la presenza di osservatori, sia stranieri sia nazionali, può migliorare il processo elettorale per gli Stati nei quali si tengono elezioni. Pertanto essi inviteranno osservatori provenienti da altri Stati partecipanti alla CSCE e le istituzioni e organizzazioni private appropriate che lo desiderino ad osservare lo svolgimento delle loro procedure elettorali nazionali nella misura consentita dalla legge. Essi inoltre si sforzeranno di agevolare un analogo accesso nel caso di procedimenti elettorali svolti ad un livello inferiore a quello nazionale. Tali osservatori si impegneranno a non interferire nelle operazioni elettorali.
II
(9) Gli Stati partecipanti riaffermano che: (9.1) – ogni persona avrà diritto alla libertà di espressione, ivi compreso il diritto alla comunica- zione. Tale diritto include la libertà di opinione e la libertà di ricevere e di comunicare informazioni e idee senza interferenza dell’autorità pubblica e indipendentemente dalle frontiere. L’esercizio di tale diritto può essere soggetto alle sole limitazioni previste dalla legge e che siano conformi ai principi internazionali. In particolare nessuna limitazione sarà imposta all’accesso e all’utiliz- zazione dei mezzi di riproduzione di documenti di qualsiasi genere, rispettando tuttavia i diritti relativi alla proprietà intellettuale, ivi compreso il diritto d’autore, (9.2) – ad ogni persona sarà riconosciuto il diritto di riunione e di dimostrare pacificamente. Qual- siasi restrizione all’esercizio di tali diritti sarà prevista dalla legge e dovrà essere conforme alle norme internazionali,
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(9.3) – il diritto di associazione sarà garantito. Sarà garantito il diritto di creare un sindacato e, fatta riserva del diritto generale dei sindacati di stabilire le proprie condizioni di associazione, quello di aderire liberamente a un sindacato. Tali diritti escludono qualsiasi controllo preventivo. La libertà di associazione dei lavoratori, ivi compreso il diritto di sciopero, sarà garantita, fatte salve le limitazioni previste dalla legge e che siano conformi alle norme internazionali, (9.4) – ogni persona avrà diritto alla libertà di pensiero, coscienza e religione. Tale diritto comprende la libertà di cambiare religione o convincimento e la libertà di manifestare la propria religione o il proprio convincimento, individualmente o congiuntamente con altri, in pubblico o in privato, mediante il culto, l’insegnamento, la pratica e l’osservanza. L’esercizio di tali diritti può essere soggetto alle sole limitazioni previste dalla legge e che siano conformi alle norme internazionali, (9.5) – essi rispetteranno il diritto di ciascuno a lasciare qualsiasi paese, ivi compreso il proprio, e di fare ritorno nel proprio paese, conformemente agli obblighi internazionali dello Stato e agli impegni CSCE. Restrizioni a tale diritto devono costituire rarissime eccezioni, possono considerarsi necessarie solo se rispondono ad un’esigenza pubblica specifica, perseguono un obiettivo legittimo e sono ad esso proporzionate, e non ne viene fatto abuso né applicazione arbitraria, (9.6) – ogni persona ha diritto al pacifico godimento della sua proprietà, individualmente o in comune con altri. Nessuno può essere privato della sua proprietà se non per motivi di utilità pub- blica e nel rispetto delle condizioni previste dalla legge che siano conformi agli impegni e agli obblighi internazionali.
(10) Riaffermando il proprio impegno di garantire efficacemente il diritto dell’individuo di cono- scere i diritti dell’uomo e le libertà fondamentali e di avvalersene e di contribuire attivamente, individualmente o in associazione con altri, alla loro promozione e tutela, gli Stati partecipanti esprimono il proprio impegno di: (10.1) – rispettare il diritto di ciascuno, individualmente o in associazione con altri, di ricercare, ricevere e comunicare liberamente opinioni e informazioni sui diritti dell’uomo e sulle libertà fon- damentali, ivi compresi i diritti di diffondere e pubblicare tali opinioni e informazioni, (10.2) – rispettare i diritti di ciascuno, individualmente o in associazione con altri, di esaminare e discutere l’osservanza dei diritti dell’uomo e delle libertà fondamentali nonché di sviluppare e discutere idee per una migliore tutela dei diritti dell’uomo e mettere in atto mezzi migliori per garantire l’osservanza delle norme internazionali sui diritti dell’uomo, (10.3) – assicurare che ad ognuno sia consentito di esercitare il diritto di associazione, ivi compreso il diritto di costituire, aderire e partecipare a tutti gli effetti alle organizzazioni non governative che si adoperano per promuovere e tutelare i diritti dell’uomo e le libertà fondamentali, inclusi i sindacati e i gruppi di vigilanza sui diritti dell’uomo, (10.4) – consentire ai membri di tali gruppi e organizzazioni di accedere e di comunicare senza impedimenti con organismi analoghi all’interno e fuori dei propri paesi e con organizzazioni inter- nazionali, di realizzare scambi, contatti e attività di cooperazione con tali gruppi e organizzazioni e di sollecitare, ricevere e utilizzare contributi finanziari volontari provenienti da fonti nazionali e internazionali, come previsto dalla legge, allo scopo di promuovere e tutelare i diritti dell’uomo e le libertà fondamentali.
(11) Gli Stati partecipanti affermano inoltre che, laddove vengano invocate violazioni dei diritti dell’uomo e delle libertà fondamentali, i ricorsi efficaci disponibili comprendono (11.1) – il diritto dell’individuo di chiedere e ricevere un’assistenza legale adeguata, (11.2) – il diritto dell’individuo di chiedere e ricevere l’assistenza di altri per difendere i diritti dell’uomo e le libertà fondamentali e di assistere altri nella difesa dei diritti dell’uomo e delle libertà fondamentali,
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(11.3) – il diritto degli individui o di gruppi che agiscono a loro nome di comunicare con gli orga- nismi internazionali competenti a ricevere ed esaminare le informazioni concernenti i presunti abusi nell’ambito dei diritti dell’uomo.
(12) Gli Stati partecipanti, desiderando assicurare una maggiore trasparenza nell’attuazione degli impegni assunti nel Documento Conclusivo di Vienna nel capitolo sulla Dimensione Umana della CSCE, decidono di accettare come misura mirante a rafforzare la fiducia, la presenza di osserva- tori inviati dagli Stati partecipanti e di rappresentanti di organizzazioni non governative e di altre persone interessate ai procedimenti giudiziari secondo quanto previsto dalla legislazione nazio- nale e dal diritto internazionale; resta inteso che i procedimenti si possono svolgere a porte chiuse solo nelle circostanze previste dalla legge e conformemente agli obblighi del diritto internazio- nale e agli impegni internazionali.
(13) Gli Stati partecipanti decidono di prestare particolare attenzione al riconoscimento dei diritti del bambino, dei suoi diritti civili e delle sue libertà individuali, dei suoi diritti economici, sociali e culturali, nonché del suo diritto ad una particolare tutela contro qualsiasi forma di violenza e di sfruttamento. Essi considereranno la possibilità di aderire, se non l’abbiano ancora fatto, alla Con- venzione sui Diritti del Bambino, aperta alla firma degli Stati il 26 gennaio 1990. Essi riconosce- ranno nelle loro leggi nazionali i diritti del bambino così come sono stati definiti negli accordi internazionali di cui sono parti.
(14) Gli Stati partecipanti concordano di incoraggiare nei loro paesi la creazione di condizioni adatte per la formazione di alunni e studenti di altri Stati partecipanti, ivi compresi coloro che frequentano corsi di formazione professionale e tecnica. Essi inoltre concordano di promuovere i viaggi dei giovani dei propri paesi che si rechino in altri Stati partecipanti per motivi di studio e di incoraggiare a tal fine la conclusione, ove appropriato, di accordi bilaterali e multilaterali tra le proprie istituzioni, organizzazioni e istituti di istruzione governativi pertinenti.
(15) Gli Stati partecipanti adotteranno i provvedimenti necessari per facilitare il trasferimento delle persone condannate ed esortano gli Stati partecipanti che non sono parti della Convenzione sul Trasferimento delle Persone Condannate, firmata a Strasburgo il 21 novembre 1983, ad esami- nare la possibilità di aderire alla Convenzione.
(16) Gli Stati partecipanti (16.1) – riaffermano il proprio impegno di proibire la tortura e altri trattamenti o pene crudeli, inumani o degradanti, di adottare efficaci misure legislative, amministrative, giudiziarie e altre per prevenire e punire tali pratiche, di proteggere gli individui contro qualsiasi pratica psichia- trica o altre pratiche mediche che violino i diritti dell’uomo e le libertà fondamentali e di adottare misure efficaci per prevenire e punire tali pratiche, (16.2) – ritengono urgente che venga presa in considerazione l’adesione alla Convenzione con- tro la Tortura e contro altri Trattamenti o Pene Crudeli, Inumani o Degradanti, qualora non lo abbiano già fatto, e siano riconosciute le competenze della Commissione contro la Tortura di cui agli articoli 21 e 22 della Convenzione e ritirate le riserve relative alla competenza della Commis- sione di cui all’articolo 20, (16.3) – sottolineano che nessuna situazione eccezionale, di qualsiasi genere, sia uno stato di guerra sia una minaccia di guerra, di instabilità politica interna o qualsiasi altra emergenza pubblica può essere addotta a giustificazione della tortura, (16.4) – assicureranno che l’educazione e l’informazione riguardanti il divieto della tortura saranno incluse integralmente nella formazione del personale responsabile dell’applicazione delle leggi, del personale civile o militare, sanitario, dei funzionari pubblici e di altre persone incaricate della
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custodia, degli interrogatori o del trattamento di qualsiasi individuo soggetto a qualsiasi forma di arresto, detenzione o incarcerazione, (16.5) – sottoporranno ad una revisione sistematica le norme, le istruzioni, i metodi e le prassi per l’interrogatorio, nonché le relative disposizioni alla custodia e al trattamento delle persone sog- gette a qualsiasi forma di arresto, detenzione o incarcerazione in qualsiasi territorio sotto la pro- pria giurisdizione, al fine di prevenire qualsiasi caso di tortura, (16.6) – considereranno con priorità al fine di attuare gli interventi appropriati, conformemente alle misure e procedure convenute per l’effettiva attuazione degli impegni relativi alla dimensione umana della CSCE, qualsiasi caso di tortura e di altri trattamenti o pene inumani o degradanti di cui siano venuti a conoscenza tramite canali ufficiali o che provengano da qualsiasi altra fonte di informazione attendibile, (16.7) – opereranno in base al principio che la salvaguardia e la garanzia della vita e della sicu- rezza di qualsiasi individuo soggetto a qualsiasi forma di tortura e di altri trattamenti o pene inu- mani o degradanti saranno l’unico criterio per determinare l’urgenza e le priorità nell’adozione di rimedi appropriati; conseguentemente, l’esame di qualsiasi caso di tortura e di altri trattamenti o pene inumani o degradanti nell’ambito di qualsiasi altro organo o meccanismo internazionale non può essere invocato quale motivo per astenersi dall’esaminare o dall’agire in modo appro- priato conformemente alle misure e procedure concordate per l’efficace attuazione degli impegni relativi alla dimensione umana della CSCE,
(17) Gli Stati partecipanti (17.1) – ricordano l’impegno assunto nel Documento Conclusivo di Vienna di continuare a tenere in considerazione la questione della pena capitale e di cooperare nell’ambito delle organizzazioni internazionali competenti, (17.2) – in tale contesto ricordano l’adozione, da parte dell’Assemblea Generale delle Nazioni Unite del 15 dicembre 1989, del Secondo Protocollo Facoltativo della Convenzione Internazionale sui Diritti Civili e Politici mirante all’abolizione della pena capitale, (17.3) – rilevano le restrizioni e le salvaguardie riguardanti l’uso della pena capitale che sono state adottate dalla comunità internazionale, in particolare l’articolo 6 del Patto Internazionale sui Diritti Civili e Politici, (17.4) – rilevano le disposizioni del Sesto Protocollo della Convenzione Europea per la Tutela dei Diritti dell’Uomo e delle Libertà Fondamentali concernenti l’abolizione della pena capitale, (17.5) – rilevano le recenti misure adottate da diversi Stati partecipanti per l’abolizione della pena capitale, (17.6) – rilevano le attività di diverse organizzazioni non governative riguardanti la questione della pena capitale, (17.7) – si scambieranno informazioni nell’ambito della Conferenza sulla Dimensione Umana sulla questione dell’abolizione della pena capitale e continueranno a tenere in considerazione tale questione, (17.8) – renderanno accessibili all’opinione pubblica le informazioni riguardanti il ricorso alla pena capitale.
(18) Gli Stati partecipanti (18.1) – rilevano che la Commissione delle Nazioni Unite sui Diritti dell’Uomo ha riconosciuto il diritto di ciascuno di manifestare obiezioni di coscienza al servizio militare,
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(18.2) – rilevano le recenti misure adottate da diversi Stati partecipanti per consentire l’esenzione dal servizio militare obbligatorio in base ad obiezioni di coscienza, (18.3) – rilevano le attività svolte da diverse organizzazioni non governative sulla questione delle obiezioni di coscienza al servizio militare obbligatorio, (18.4) – concordano di prendere in considerazione l’introduzione, ove ciò non sia ancora avvenuto, di varie forme di servizio sostitutivo, compatibili con i motivi dell’obiezione di coscienza e che in linea di massima non comportino attività di natura bellica ovvero siano di natura civile, di inte- resse pubblico e prive di carattere punitivo, (18.5) – metteranno a disposizione del pubblico informazioni su tale questione, (18.6) – terranno in considerazione, nell’ambito della Conferenza sulla Dimensione Umana, le per- tinenti questioni relative all’esenzione delle persone dal servizio militare obbligatorio, ove esista, in base ad obiezioni di coscienza al servizio militare, e scambieranno informazioni su tali questioni.
(19) Gli Stati partecipanti affermano che movimenti e contatti più liberi tra i propri cittadini sono importanti nel contesto della tutela e della promozione dei diritti dell’uomo e delle libertà fonda- mentali. Essi assicureranno che le proprie politiche concernenti l’ingresso nei rispettivi territori siano pienamente conformi ai fini enunciati nelle disposizioni pertinenti dell’Atto Finale, del Docu- mento Conclusivo di Madrid e del Documento Conclusivo di Vienna. Mentre riaffermano la pro- pria determinazione di non recedere dagli impegni contenuti nei documenti CSCE, essi intendono realizzare pienamente e migliorare gli attuali impegni nel campo dei contatti fra le persone, ivi compresi quelli assunti su una base bilaterale e multilaterale. In tale contesto essi (19.1) – si adopereranno affinché le procedure di ingresso nei propri territori, inclusi il rilascio di visti, nonché il controllo dei passaporti e doganali, siano effettuati in buona fede e senza ingiusti- ficati ritardi. Ove necessario, essi ridurranno il tempo d’attesa per il rilascio dei visti nonché provve- deranno a snellire le pratiche e ridurranno i requisiti amministrativi riguardanti le domande di visto, (19.2) – nell’esaminare le domande di visto, essi faranno in modo che queste siano evase il più spe- ditamente possibile tenendo debito conto, fra l’altro, di importanti motivi di ordine familiare, per- sonale o professionale, particolarmente nei casi di urgente carattere umanitario, (19.3) – cercheranno, ove necessario, di ridurre al minimo livello i costi relativi alle domande di visto.
(20) Gli Stati partecipanti interessati si consulteranno e, ove appropriato, coopereranno nell’af- frontare i problemi che potrebbero emergere a seguito di un maggiore movimento delle persone. (…)
(22) Gli Stati partecipanti riaffermano che la tutela e la promozione dei diritti dei lavoratori migranti hanno una propria dimensione umana. In tale contesto, essi (22.1) – concordano che la tutela e la promozione dei diritti dei lavoratori migranti riguardano tutti gli Stati partecipanti e, in quanto tali, esse dovrebbero essere considerate nel quadro del pro- cesso CSCE, (22.2) – riaffermano il proprio impegno di attuare pienamente nelle legislazioni nazionali i diritti dei lavoratori migranti previsti dagli accordi internazionali di cui essi sono parti, (22.3) – considerano che nei futuri strumenti internazionali concernenti i diritti dei lavoratori migranti essi dovrebbero tener conto del fatto che tale questione è importante per tutti gli Stati partecipanti, (22.4) – esprimono la propria disponibilità ad esaminare, nelle future riunioni della CSCE, gli aspetti pertinenti dell’ulteriore promozione dei diritti dei lavoratori migranti e delle loro famiglie.
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(23) Gli Stati partecipanti riaffermano la propria convinzione espressa nel Documento Conclusivo di Vienna che la promozione dei diritti economici, sociali, culturali nonché dei diritti civili e politici ha un’importanza primaria per la dignità umana e per il raggiungimento delle legittime aspirazioni di ciascun individuo. Essi pertanto riaffermano il proprio impegno assunto nel Documento della Conferenza di Bonn sulla Cooperazione Economica in Europa per la promozione della giustizia sociale e il miglioramento delle condizioni di vita e di lavoro. Nel proseguire i propri sforzi al fine di assicurare progressivamente la piena realizzazione dei diritti economici, sociali e culturali con tutti i mezzi appropriati, essi presteranno particolare attenzione ai problemi esistenti nel campo dell’occupazione, della casa, della sicurezza sociale, della sanità, dell’istruzione e della cultura.
(24) Gli Stati partecipanti assicureranno che l’esercizio di tutti i summenzionati diritti dell’uomo e delle libertà fondamentali non sarà soggetto ad alcuna restrizione, eccetto quelle che sono previste dalla legge e che sono conformi ai loro obblighi derivanti dal diritto internazionale, in particolare dal Patto Internazionale sui Diritti Civili e Politici, e dai loro impegni internazionali, in particolare dalla Dichiarazione Universale dei Diritti dell’Uomo. Tali restrizioni hanno carattere di eccezione. Gli Stati partecipanti assicureranno che dette restrizioni non siano applicate in maniera abusiva né arbitraria, ma in modo tale da salvaguardare l’effettivo esercizio di questi diritti. Qualsiasi restrizione dei diritti e delle libertà deve, in una società democratica, riferirsi ad una delle finalità perseguite dalla legge applicabile ed essere rigorosamente proporzionata alle finalità di tale legge.
(25) Gli Stati partecipanti confermano che qualsiasi deroga dagli obblighi relativi ai diritti dell’uomo e alle libertà fondamentali in una situazione di emergenza pubblica deve rientrare rigorosamente nei limiti previsti dal diritto internazionale, in particolare dagli strumenti internazionali perti- nenti dai quali gli Stati sono vincolati, soprattutto rispetto ai diritti inderogabili.
Essi inoltre riaffermano che:
(25.1) – le misure che derogano da tali obblighi devono essere adottate in rigorosa conformità con i requisiti procedurali formulati in quegli strumenti, (25.2) – l’imposizione dello stato di emergenza pubblica deve essere proclamato ufficialmente, pub- blicamente e in conformità con le condizioni previste dalla legge, (25.3) – le misure che derogano dagli obblighi devono essere limitate all’ambito rigorosamente richiesto dalle esigenze della situazione, (25.4) – tali misure non devono operare discriminazioni esclusivamente per motivi di razza, colore, sesso, lingua, religione, origine sociale o appartenenza a una minoranza.
III
(26) Gli Stati partecipanti riconoscono che una democrazia forte dipende dall’esistenza, quale parte integrante della vita nazionale, di valori e pratiche democratiche, nonché da un’ampia gamma di istituzioni democratiche. Essi pertanto devono incoraggiare, facilitare e, ove appropriato, appor- tare il loro sostegno agli sforzi concreti diretti ad attuare la cooperazione e lo scambio reciproco di informazioni, idee e conoscenze nonché contatti diretti e cooperazione tra persone, gruppi e organizzazioni in settori che comprendono: • diritto costituzionale, riforma e sviluppo, • legislazione, amministrazione e osservazione elettorale, • istituzione e gestione di tribunali e sistemi giuridici,
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• sviluppo di un servizio pubblico imparziale ed efficace, in cui le assunzioni e la carriera si basino sui meriti, • applicazione della legge, • governo locale e decentramento, • accesso all’informazione e tutela della vita privata, • sviluppo dei partiti politici e loro ruolo nelle società pluralistiche, • sindacati liberi e indipendenti, • movimenti cooperativi, • sviluppo di altre forme di libera associazione e di gruppi di pubblico interesse, • giornalismo, mezzi di informazione indipendenti e vita intellettuale e culturale, • insegnamento dei valori democratici, istituzioni e prassi negli istituti d’istruzione e promozione di un’atmosfera favorevole ad una libera indagine.
Tali sforzi possono abbracciare i settori della cooperazione riguardanti la dimensione umana della CSCE, inclusi la formazione, lo scambio di informazioni, di libri e di materiale didattico, i programmi e progetti di cooperazione, gli scambi e le conferenze accademiche e professionali, le borse di studio, le sovvenzioni per la ricerca, la prestazione di perizie e consulenze, i contatti e programmi scientifici e commerciali.
(27) Gli Stati partecipanti devono inoltre facilitare la creazione e il rafforzamento di istituzioni nazionali indipendenti nel campo dei diritti dell’uomo e dello Stato di diritto, che possano altresì servire da punti focali per il coordinamento e la collaborazione fra tali istituzioni negli Stati par- tecipanti. Essi propongono che venga incoraggiata la cooperazione fra parlamentari degli Stati partecipanti, anche mediante le esistenti associazioni interparlamentari e, tra l’altro, mediante com- missioni miste, dibattiti televisivi con la partecipazione di parlamentari, incontri e tavole rotonde. Essi incoraggeranno inoltre le istituzioni esistenti, quali le organizzazioni in seno al sistema delle Nazioni Unite e il Consiglio d’Europa, a continuare e ad espandere l’opera che essi hanno iniziato in questo settore.
(28) Gli Stati partecipanti riconoscono l’esperienza importante del Consiglio d’Europa nel campo dei diritti dell’uomo e delle libertà fondamentali e concordano di prendere in considerazione ulteriori modi e mezzi per mettere in grado il Consiglio d’Europa di apportare un contributo alla dimensione umana della CSCE. Essi concordano che la natura di tale contributo potrebbe essere ulteriormente esaminata in un futuro forum della CSCE. (…)
IV
(30) Gli Stati partecipanti riconoscono che le questioni relative alle minoranze nazionali possono essere risolte in maniera soddisfacente solo in un quadro politico democratico basato sullo Stato di diritto, con un sistema giudiziario indipendente e funzionante. Tale quadro garantisce il pieno rispetto dei diritti dell’uomo e delle libertà fondamentali, diritti e condizioni uguali per tutti i cit- tadini, la libera espressione di tutti i loro interessi ed aspirazioni legittimi, il pluralismo politico, la tolleranza sociale e l’applicazione di norme giuridiche che pongano efficaci limitazioni all’a- buso del potere governativo.
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Essi riconoscono inoltre l’importante ruolo delle organizzazioni non governative, ivi compresi i par- titi politici, i sindacati, le organizzazioni e i gruppi religiosi, che si occupano dei diritti dell’uomo, per la promozione della tolleranza, delle diversità culturali, e per la soluzione delle questioni rela- tive alle minoranze nazionali.
Essi inoltre riaffermano che il rispetto dei diritti delle persone appartenenti a minoranze nazio- nali, in quanto parte dei diritti dell’uomo universalmente riconosciuti, è un fattore essenziale per la pace, la giustizia, la stabilità e la democrazia negli Stati partecipanti.
(31) Le persone appartenenti a minoranze nazionali hanno il diritto di esercitare pienamente ed effettivamente i diritti dell’uomo e le libertà fondamentali senza discriminazioni di alcun genere e in piena eguaglianza dinnanzi alla legge.
Gli Stati partecipanti adotteranno, ove necessario, misure speciali allo scopo di garantire alle per- sone appartenenti a minoranze nazionali piena eguaglianza rispetto agli altri cittadini nell’eser- cizio e nel godimento dei diritti dell’uomo e delle libertà fondamentali.
(32) L’appartenenza ad una minoranza nazionale costituisce una scelta propria di ciascuna per- sona e nessuno svantaggio può derivare dall’esercizio di tale scelta. Le persone appartenenti a minoranze nazionali hanno il diritto di esprimere liberamente, preservare e sviluppare la propria identità etnica, culturale, linguistica o religiosa e di mantenere e sviluppare la propria cultura in tutti i suoi aspetti, al riparo da ogni tentativo di assimilazione contro la loro volontà. In partico- lare esse hanno il diritto: (32.1) – di usare liberamente la propria madrelingua nella vita privata nonché in quella pubblica, (32.2) – di creare e conservare proprie istituzioni, organizzazioni o associazioni educative, cul- turali e religiose, che possono richiedere contributi finanziari volontari e di altro genere, nonché l’assistenza pubblica, conformemente alla legislazione nazionale, (32.3) – di professare e praticare la propria religione, ivi compresi l’acquisizione, il possesso e l’uso di materiali religiosi, nonché di svolgere attività educative religiose nella propria lingua, (32.4) – di stabilire e mantenere liberi contatti fra loro nel proprio paese nonché oltre frontiera con i cittadini degli altri Stati con i quali essi hanno in comune l’origine nazionale o etnica, il retag- gio culturale o le convinzioni religiose, (32.5) – di diffondere, avere accesso e scambiare informazioni nella propria madrelingua, (32.6) – di costituire e mantenere organizzazioni o associazioni all’interno del proprio paese e di partecipare ad organizzazioni internazionali non governative.
Le persone appartenenti a minoranze nazionali possono esercitare e godere dei propri diritti indi- vidualmente nonché in associazione con altri membri del loro gruppo. Nessuno svantaggio può derivare ad una persona appartenente ad una minoranza nazionale a seguito dell’esercizio o del non esercizio di tali diritti.
(33) Gli Stati partecipanti tuteleranno l’identità etnica, culturale, linguistica e religiosa delle mino- ranze nazionali sul loro territorio e creeranno condizioni per la promozione di tale identità. Essi adotteranno le misure necessarie a tale scopo una volta effettuate le debite consultazioni, ivi com- presi i contatti con organizzazioni o associazioni di tali minoranze, conformemente alla proce- dura decisionale di ciascuno Stato.
Tali misure saranno conformi ai principi di eguaglianza e non discriminazione nei confronti degli altri cittadini dello Stato partecipante interessato.
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(34) Gli Stati partecipanti si adopereranno per assicurare che le persone appartenenti a mino- ranze nazionali, ferma restando l’esigenza di apprendere la lingua o le lingue ufficiali dello Stato in questione, dispongano di opportunità adeguate per fruire dell’istruzione della loro madrelin- gua o nella loro madrelingua, nonché, laddove possibile e necessario, nei rapporti con le pubbli- che autorità, conformemente alla legislazione nazionale applicabile.
Nel contesto dell’insegnamento della storia e della cultura nelle istituzioni educative essi terranno conto, inoltre, della storia e della cultura delle minoranze nazionali.
(35) Gli Stati partecipanti rispettano il diritto delle persone appartenenti a minoranze nazionali di partecipare effettivamente agli affari pubblici, ivi compresa la partecipazione alle questioni rela- tive alla tutela e alla promozione dell’identità di tali minoranze.
Gli Stati partecipanti rilevano gli sforzi intrapresi per tutelare e creare condizioni idonee alla pro- mozione dell’identità etnica, culturale, linguistica e religiosa di determinate minoranze nazionali mediante la costituzione, come uno dei mezzi possibili per conseguire tali finalità, di amministra- zioni locali o autonome adeguate, rispondenti ai fattori specifici storici e territoriali relativi a tali minoranze e conformi alle politiche dello Stato in questione.
(36) Gli Stati partecipanti riconoscono la particolare importanza di una maggiore cooperazione costruttiva tra loro sulle questioni relative a minoranze nazionali. Tale cooperazione cerca di pro- muovere la comprensione e la fiducia reciproche, relazioni amichevoli e di buon vicinato, la pace, la sicurezza e la giustizia internazionali.
Ciascuno Stato partecipante promuove un clima di mutuo rispetto, comprensione, cooperazione e solidarietà tra tutte le persone che vivono sul suo territorio, senza distinzione di origine etnica o nazionale o di religione e incoraggia la soluzione dei problemi attraverso il dialogo fondato sui principi dello Stato di diritto.
(37) Nessuno di questi impegni può essere interpretato nel senso che da esso derivi un diritto a svolgere qualsiasi attività o compiere qualsiasi azione in contrasto con i fini e i principi dello Sta- tuto delle Nazioni Unite, gli altri obblighi di diritto internazionale o le disposizioni dell’Atto Finale, incluso il principio dell’integrità territoriale degli Stati.
(38) Gli Stati partecipanti, nei loro sforzi volti a tutelare e promuovere i diritti delle persone appar- tenenti a minoranze nazionali, rispetteranno pienamente i propri impegni in base alle convenzioni esistenti sui diritti dell’uomo e agli altri strumenti internazionali pertinenti e prendono in con- siderazione l’adesione alle convenzioni pertinenti, qualora non lo abbiano ancora fatto, ivi com- prese quelle che prevedono il diritto di ricorso da parte dei singoli.
(39) Gli Stati partecipanti coopereranno strettamente in seno alle organizzazioni internazionali competenti di cui essi sono parti, ivi comprese le Nazioni Unite e, come appropriato, il Consiglio d’Europa, tenendo presente le attività da essi svolte per quanto concerne le questioni relative alle minoranze nazionali.
Essi considereranno l’opportunità di convocare una riunione di esperti per una discussione appro- fondita sul tema delle minoranze nazionali.
(40) Gli Stati partecipanti condannano chiaramente e inequivocabilmente il totalitarismo, l’odio razziale ed etnico, l’antisemitismo, la xenofobia e la discriminazione contro qualsiasi persona,
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nonché le persecuzioni per motivi religiosi o ideologici. In tale contesto, essi riconoscono inoltre i particolari problemi dei Rom (zingari).
Essi dichiarano la propria ferma intenzione di intensificare gli sforzi per combattere questi feno- meni in tutte le loro forme e pertanto essi: (40.1) – prenderanno misure efficaci, inclusa l’adozione, conformemente ai propri sistemi costi- tuzionali e ai loro obblighi internazionali, delle leggi che si rendano necessarie per assicurare la tutela contro qualsiasi atto che costituisca incitamento alla violenza contro persone o gruppi sulla base di discriminazione, ostilità od odio nazionale, razziale, etnico o religioso, ivi compreso l’antisemitismo, (40.2) – si impegneranno ad adottare misure appropriate e adeguate per tutelare persone o gruppi che possono essere soggetti a minacce o ad atti di discriminazione, di ostilità o di violenza a seguito della loro identità razziale, etnica, culturale, linguistica o religiosa e a proteggerne la proprietà, (40.3) – adotteranno, conformemente ai loro sistemi costituzionali, misure efficaci, a livello nazio- nale, regionale e locale, per favorire la comprensione e la tolleranza, particolarmente nei settori dell’educazione, della cultura e dell’informazione, (40.4) – si adopereranno per assicurare che tra i fini dell’educazione sia compreso quello di pre- stare particolare attenzione al problema del pregiudizio e dell’odio razziale e dello sviluppo del rispetto delle culture e civiltà diverse, (40.5) – riconosceranno il diritto degli individui a ricorsi efficaci e si adopereranno per ricono- scere, conformemente alla legislazione nazionale, il diritto delle persone e dei gruppi interessati ad avviare e sostenere ricorsi contro atti di discriminazione, ivi compresi atti razzisti e xenofobi, (40.6) – prenderanno in considerazione l’adesione, qualora non lo abbiano ancora fatto, agli stru- menti internazionali che contemplano il problema della discriminazione e garantiranno la piena attuazione degli obblighi ivi contenuti, compresi quelli relativi alla presentazione di rapporti periodici, (40.7) – considereranno inoltre l’opportunità di accettare i meccanismi internazionali che consen- tono agli Stati e agli individui di presentare comunicazioni concernenti la discriminazione din- nanzi ad organismi internazionali.
V
(41) Gli Stati partecipanti riaffermano il proprio impegno nei confronti della Dimensione Umana della CSCE e sottolineano la sua importanza in quanto parte integrante di un approccio equilibrato alla sicurezza e alla cooperazione in Europa. Essi concordano che la Conferenza sulla Dimensione Umana della CSCE e il meccanismo della dimensione umana descritto nella sezione sulla Dimen- sione Umana della CSCE nel Documento Conclusivo di Vienna hanno dimostrato la loro validità quali metodi atti a promuovere il dialogo e la cooperazione tra di loro e a contribuire alla solu- zione delle pertinenti questioni specifiche. Essi esprimono il proprio convincimento che tali ini- ziative dovrebbero essere continuate e sviluppate quali parte di un processo CSCE in espansione.
(42) Gli Stati partecipanti riconoscono l’esigenza di accrescere ulteriormente l’efficacia delle proce- dure descritte nei paragrafi da 1 a 4 della sezione sulla Dimensione Umana della CSCE del Docu- mento Conclusivo di Vienna e a questo scopo decidono: (42.1) – di fornire nel più breve tempo possibile, ma non oltre quattro settimane, una risposta scritta alle richieste di informazioni e alle istanze loro rivolte per iscritto da altri Stati parteci- panti, in base al paragrafo 1,
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(42.2) – che le riunioni bilaterali, come previsto nel paragrafo 2, devono avere luogo il più presto possibile, di norma entro tre settimane dalla data della richiesta, (42.3) – di astenersi, nel corso di una riunione bilaterale tenuta in base al paragrafo 2, dal sollevare situazioni e casi non collegati con il soggetto della riunione stessa, a meno che entrambe le parti non abbiano concordato di farlo.
(43) Gli Stati partecipanti hanno esaminato proposte pratiche per nuove misure miranti al miglio- ramento dell’attuazione degli impegni relativi alla Dimensione Umana della CSCE. A questo pro- posito essi hanno considerato proposte relative all’invio di osservatori per esaminare situazioni e casi specifici, la nomina di relatori per indagare e suggerire soluzioni appropriate, la creazione di una Commissione sulla Dimensione Umana della CSCE, un maggiore coinvolgimento di per- sone, organizzazioni e istituzioni nel meccanismo della dimensione umana e ulteriori sforzi bila- terali e multilaterali per promuovere la soluzione delle questioni pertinenti.
Essi decidono di continuare a discutere in modo approfondito nei futuri fori pertinenti della CSCE queste ed altre proposte destinate a rafforzare il meccanismo della dimensione umana e a pren- dere in considerazione l’adozione, nel contesto dell’ulteriore sviluppo del processo CSCE, di misure nuove ed appropriate. Essi concordano che tali misure dovrebbero contribuire al conseguimento di ulteriori ed effettivi progressi, e rafforzare la prevenzione dei conflitti e la fiducia nell’ambito della Dimensione Umana della CSCE. (…)
68 Carta di Parigi per una Nuova Europa Parigi 1990
(…)
Una nuova era di democrazia, pace e unità
Noi, Capi di Stato e di Governo degli Stati partecipanti alla Conferenza sulla Sicurezza e la Coo- perazione in Europa, siamo riuniti a Parigi in un periodo di profondi mutamenti e di attese sto- riche. L’era della contrapposizione e della divisione dell’Europa è terminata. Dichiariamo che per l’avvenire le nostre relazioni saranno basate sul rispetto e sulla cooperazione.
L’Europa si sta liberando dal retaggio del passato. Il coraggio di uomini e donne, la potenza della volontà dei popoli e la forza delle idee dell’Atto Finale di Helsinki hanno dischiuso una nuova era di democrazia, pace ed unità in Europa.
È questo il momento di realizzare le speranze e le aspettative nutrite dai nostri popoli per decenni: l’impegno costante per una democrazia basata sui diritti dell’uomo e sulle libertà fondamentali, la prosperità attraverso la libertà economica e la giustizia sociale nonché un’uguale sicurezza per tutti i nostri paesi.
I Dieci Principi dell’Atto Finale ci guideranno verso tale ambizioso futuro, così come hanno illu- minato il nostro cammino verso migliori relazioni negli ultimi quindici anni. La piena attuazione di tutti gli impegni CSCE deve costituire la base per le iniziative che stiamo ora intraprendendo al fine di consentire alle nostre nazioni di vivere conformemente alle loro aspirazioni.
Diritti dell’Uomo, Democrazia e Stato di Diritto
Ci impegniamo a edificare, consolidare e rafforzare la democrazia quale unico sistema di governo delle nostre nazioni. Nel perseguire questo fine, ci atterremo a quanto segue.
I diritti dell’uomo e le libertà fondamentali sono diritti innati di ogni essere umano, sono inalie- nabili e garantiti dalla legge. Responsabilità primaria del governo è tutelarli e promuoverli. Il loro rispetto costituisce una salvaguardia indispensabile contro gli eccessi di potere di uno stato. La loro osservanza e il loro pieno esercizio sono il fondamento della libertà, della giustizia e della pace.
Il governo democratico si basa sulla volontà del popolo, espressa regolarmente attraverso elezioni libere e corrette. Fondamento della democrazia è il rispetto della persona umana e dello stato di diritto. La democrazia è la migliore salvaguardia della libertà di espressione, della tolleranza di tutti i gruppi della società, e dell’uguaglianza di opportunità per ogni persona.
La democrazia, con il suo carattere rappresentativo e pluralistico, comporta responsabilità nei con- fronti dell’elettorato, l’obbligo delle autorità pubbliche di osservare la legge e la giustizia ammini- strata imparzialmente. Nessuno deve essere al di sopra della legge.
Affermiamo che, senza discriminazioni,
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• ogni persona ha il diritto: alla libertà di pensiero, coscienza e religione o credo, alla libertà di espressione, alla libertà di associazione e di riunione pacifica, alla libertà di movimento; nes- suno sarà: – arbitrariamente arrestato o detenuto, sottoposto a tortura o ad altri trattamenti o pene cru- deli, inumani o degradanti; • ciascuno ha inoltre il diritto: – di conoscere i propri diritti e di esercitarli, – di partecipare ad elezioni libere e corrette, – ad un procedimento giudiziario imparziale e pubblico se imputato di un reato, – di possedere beni individualmente o in comune con altri e di gestire imprese individuali, – di godere dei propri diritti economici, sociali e culturali.
Affermiamo che l’identità etnica, culturale, linguistica e religiosa delle minoranze nazionali sarà tutelata e che le persone appartenenti a minoranze nazionali hanno il diritto di esprimere libe- ramente, preservare e sviluppare tale identità senza discriminazioni di alcun genere ed in piena uguaglianza di fronte alla legge.
Garantiremo che ognuno possa disporre di efficaci strumenti di ricorso in sede nazionale o inter- nazionale, contro qualsiasi violazione dei suoi diritti.
Il pieno rispetto di tali precetti costituisce il fondamento su cui cercheremo di costruire la nuova Europa.
I nostri Stati coopereranno e si sosterranno l’un l’altro con l’obiettivo di rendere irreversibili tali conquiste democratiche.
Libertà Economica e Responsabilità
La libertà economica, la giustizia sociale e la responsabilità ambientale sono indispensabili per la prosperità.
La libera volontà della persona, esercitata nella democrazia e tutelata dallo stato di diritto, costi- tuisce la base necessaria per un positivo sviluppo economico e sociale. Promuoveremo l’attività economica che rispetta e sostiene la dignità umana.
La libertà e il pluralismo politico sono elementi necessari nel nostro comune obiettivo di sviluppare economie di mercato verso una crescita economica sostenibile, la prosperità, la giustizia sociale, una crescente occupazione e l’efficiente utilizzazione delle risorse economiche. Il successo della tran- sizione all’economia di mercato da parte di paesi che spiegano i propri sforzi in tal senso è impor- tante e nell’interesse di tutti noi; ci consentirà di partecipare ad un più elevato livello di prosperità, il che costituisce il nostro obiettivo comune. Coopereremo a tal fine.
La tutela dell’ambiente è una responsabilità condivisa da tutte le nostre nazioni. Pur sostenendo gli sforzi nazionali e regionali in questo campo, dobbiamo considerare anche la pressante esigenza di un’azione congiunta su più vasta scala.
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Relazioni Amichevoli fra gli Stati Partecipanti (…)
Per sostenere e promuovere la democrazia, la pace e l’unità in Europa, proclamiamo solennemente il nostro pieno impegno nei riguardi dei Dieci Principi dell’Atto Finale di Helsinki. Affermiamo la costante validità dei Dieci Principi e la nostra determinazione a metterli in pratica. Tutti i Prin- cipi si applicano in modo uguale e senza riserve, e ciascuno è interpretato tenendo conto degli altri. Essi costituiscono la base delle nostre relazioni. (…)
Le nostre relazioni si baseranno sulla nostra comune adesione ai valori democratici, ai diritti dell’uomo e alle libertà fondamentali. Siamo convinti che per rafforzare la pace e la sicurezza fra i nostri Stati siano indispensabili il progresso della democrazia ed il rispetto e l’effettivo esercizio dei diritti dell’uomo. Riaffermiamo l’eguaglianza dei diritti dei popoli e il loro diritto all’autode- terminazione conformemente alla Carta delle Nazioni Unite ed alle pertinenti norme di diritto internazionale, incluse quelle relative all’integrità territoriale degli Stati. (…)
Orientamenti per il futuro
Basandoci sul nostro risoluto impegno per la piena attuazione di tutti i principi e le disposizioni della CSCE, decidiamo ora di dare nuovo impulso ad uno sviluppo equilibrato e globale della nostra cooperazione per rispondere alle esigenze e alle aspirazioni dei nostri popoli.
Dimensione Umana
Dichiariamo che il nostro rispetto per i diritti dell’uomo e le libertà fondamentali è irrevocabile. Attueremo e svilupperemo pienamente le disposizioni relative alla dimensione umana della CSCE.
Basandoci sul Documento della Riunione di Copenaghen della Conferenza sulla Dimensione Umana, coopereremo per rafforzare le istituzioni democratiche e promuovere l’attuazione dello stato di diritto. A tal fine decidiamo di convocare un seminario di esperti ad Oslo dal 4 al 15 novembre 1991.
Decisi a promuovere il prezioso contributo delle minoranze nazionali alla vita delle nostre società, ci impegniamo a migliorare ulteriormente la loro condizione. Riaffermiamo la nostra profonda convinzione che le relazioni amichevoli fra i nostri popoli, nonché la pace, la giustizia, la stabilità e la democrazia, richiedono che venga tutelata l’identità etnica, culturale, linguistica e religiosa delle minoranze nazionali e che vengano create le condizioni per la promozione di tale identità. Dichiariamo che le questioni relative alle minoranze nazionali possono essere risolte soddisfa- centemente soltanto in un contesto politico democratico. Riconosciamo inoltre che i diritti delle persone appartenenti a minoranze nazionali devono essere pienamente rispettati quale parte dei diritti universali dell’uomo. Consapevoli dell’urgente esigenza di una maggiore cooperazione per quanto riguarda le minoranze nazionali, nonché di una loro migliore tutela, decidiamo di convo- care una riunione di esperti sulle minoranze nazionali da tenersi a Ginevra dall’1 al 19 luglio 1991.
Esprimiamo la nostra determinazione di combattere tutte le forme di odio razziale ed etnico, l’an- tisemitismo, la xenofobia e la discriminazione contro chiunque nonché la persecuzione per motivi religiosi o ideologici.
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Conformemente ai nostri impegni CSCE, sottolineiamo che la libertà di movimento e di contatti tra i nostri cittadini nonché il libero flusso delle informazioni e delle idee sono fattori cruciali per il mantenimento e lo sviluppo di società libere e di culture vive. Accogliamo con favore l’incre- mento del turismo e delle visite fra i nostri Paesi.
Il meccanismo della dimensione umana ha comprovato la sua utilità e siamo conseguentemente decisi ad ampliarlo per includere nuove procedure, che comportino, fra l’altro, il ricorso ad esperti o la predisposizione di un elenco di personalità eminenti esperte per le questioni relative ai diritti dell’uomo che potrebbero essere sollevate in base al meccanismo. Provvederemo, nel contesto del meccanismo, acché le persone partecipino alla tutela dei propri diritti. Pertanto, ci impegniamo a sviluppare ulteriormente i nostri impegni al riguardo, in particolare nella Riunione di Mosca della Conferenza sulla Dimensione Umana, senza pregiudizio per gli obblighi assunti in base ad strumenti internazionali esistenti di cui i nostri Stati siano Parti.
Riconosciamo l’importante contributo del Consiglio d’Europa alla promozione dei diritti dell’uomo e dei principi della democrazia e dello stato di diritto nonché allo sviluppo della cooperazione cul- turale. Accogliamo con favore i passi compiuti da numerosi Stati partecipanti per entrare a far parte del Consiglio d’Europa e per aderire alla relativa Convenzione Europea sui Diritti dell’Uomo. Accogliamo inoltre con soddisfazione la disponibilità del Consiglio d’Europa di mettere la sua esperienza a disposizione della CSCE.
Sicurezza (…)
Condanniamo senza riserve come criminosi tutti gli atti, i metodi e le pratiche del terrorismo ed esprimiamo la nostra determinazione ad adoperarci per eliminarlo sia bilateralmente sia mediante la cooperazione multilaterale. Ci uniremo altresì per combattere il traffico illecito degli stupefacenti. (…)
Cultura
Riconosciamo il contributo essenziale della nostra comune cultura europea e dei valori da noi con- divisi per il superamento della divisione del Continente. Pertanto, sottolineiamo il nostro impe- gno per la libertà creativa, la protezione e la promozione del nostro retaggio culturale e spirituale in tutta la sua ricchezza e diversità.
Considerati i recenti mutamenti intervenuti in Europa, sottolineiamo l’accresciuta importanza del Simposio di Cracovia e attendiamo l’indicazione dei suoi orientamenti per l’intensificazione della cooperazione nel campo della cultura. Invitiamo il Consiglio d’Europa a contribuire a tale Simposio.
Al fine di promuovere una migliore conoscenza fra i nostri popoli, favoriamo l’istituzione di cen- tri culturali nelle città di altri Stati partecipanti nonché una più vasta cooperazione nel campo audiovisivo e un più ampio scambio per quanto riguarda la musica, il teatro, la letteratura e le arti.
Decidiamo di spiegare particolari sforzi nelle nostre politiche nazionali per promuovere una migliore comprensione, in particolare fra i giovani, attraverso scambi culturali, la cooperazione in tutti i campi dell’educazione e, più specificatamente, mediante l’insegnamento e la formazione nel settore delle lingue degli altri Stati partecipanti. Intendiamo esaminare i primi risultati di tale attività nella Riunione sui Seguiti che si terrà a Helsinki nel 1992.
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Lavoratori Migranti
Riconosciamo che le questioni riguardanti i lavoratori migranti e le loro famiglie che risiedono legalmente nei paesi ospitanti presentano aspetti economici, culturali e sociali nonché una dimen- sione umana. Riaffermiamo che la tutela e la promozione dei loro diritti, nonché l’attuazione dei relativi obblighi internazionali, è nostra comune preoccupazione. (…)
Organizzazioni non governative
Ricordiamo il ruolo rilevante che organizzazioni non governative, gruppi religiosi nonché altri gruppi e persone hanno svolto nella realizzazione degli obiettivi della CSCE e faciliteremo ulte- riormente le loro attività per l’attuazione degli impegni CSCE da parte degli Stati partecipanti. Tali organizzazioni, gruppi e persone devono essere coinvolti in modo adeguato nelle attività e nelle nuove strutture della CSCE per adempiere ai loro importanti compiti.
Nuove strutture e istituzioni del processo CSCE (…)
Decidiamo di istituire a Varsavia un Ufficio per le Libere Elezioni, per facilitare i contatti e lo scam- bio di informazioni sulle elezioni negli Stati partecipanti. (…)
Documento supplementare per l’attuazione di talune disposizioni contenute nella carta di Parigi per una nuova Europa
Le procedure e le modalità organizzative relative a talune disposizioni contenute nella Carta di Parigi per una Nuova Europa, firmata a Parigi il 21 novembre 1990, sono enunciate qui di seguito:
I. Disposizioni istituzionali (…)
G. Ufficio per le Libere Elezioni 1. L’Ufficio per le Libere Elezioni avrà la funzione di facilitare i contatti e lo scambio di informa- zioni sulle elezioni negli Stati partecipanti. In tal modo l’Ufficio promuoverà l’attuazione dei para- grafi 6, 7, e 8 del Documento della Riunione di Copenaghen della Conferenza sulla Dimensione Umana della CSCE (…).
2. A tal fine, l’Ufficio: • compilerà informazioni, incluse le informazioni fornite dalle competenti autorità degli Stati partecipanti sulle date, sulle procedure e sui risultati ufficiali di elezioni nazionali program- mate negli Stati partecipanti, nonché rapporti sull’osservazione di elezioni e fornirà gli stessi, su richiesta, a governi, parlamenti e organizzazioni private interessate; • servirà a facilitare i contatti fra Governi, parlamenti o organizzazioni private che desiderino osservare elezioni e le competenti autorità degli Stati in cui le elezioni dovranno aver luogo;
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• su richiesta degli Stati partecipanti organizzerà seminari o altre riunioni concernenti le proce- dure elettorali e le istituzioni democratiche e fungerà da sede per detti incontri.
3. L’Ufficio terrà conto dei lavori di altre istituzioni attive in tale settore e coopererà con le stesse.
4. L’Ufficio adempierà ad altri compiti assegnatigli dal Consiglio.
5. Il personale dell’Ufficio sarà composto da: • un Direttore, che sarà responsabile nei confronti del Consiglio tramite il Comitato di Alti Fun- zionari; • un Funzionario; • personale amministrativo e tecnico, assunto dal Direttore dell’Ufficio.
74 Documento del Simposio di Cracovia sul retaggio culturale degli Stati partecipanti alla CSCE Cracovia 1991
(…)
Gli Stati partecipanti esprimono la loro ben radicata convinzione di condividere i valori comuni for- giati dalla storia e basati, tra l’altro, sul rispetto dell’individuo, sulla libertà di coscienza, religione o credo, sulla libertà di espressione, sul riconoscimento dell’importanza dei valori spirituali e cul- turali, sull’impegno per lo stato di diritto, sulla tolleranza e apertura nel dialogo con altre culture.
Essi prendono atto dell’interdipendenza tra la vita culturale e il benessere dei loro popoli, e della particolare importanza che ciò riveste per i paesi democratici in transizione verso un’economia di mercato. Essi incoraggiano il sostegno, come già intrapreso, e gli aiuti in corso a questi paesi per la preservazione e la tutela del loro retaggio culturale.
Gli Stati partecipanti rispettano l’insostituibile unicità di tutte le loro culture e si adopereranno per promuovere un continuo dialogo culturale fra loro e con il resto del mondo. Essi riaffermano il proprio convincimento che il rispetto delle diversità culturali promuove la comprensione e la tolleranza tra individui e gruppi.
Essi ritengono che gli aspetti regionali della cultura in quanto tali dovrebbero costituire un fat- tore nella comprensione fra i popoli.
La diversità culturale regionale è un’espressione della ricchezza della comune identità culturale degli Stati partecipanti. La sua preservazione e la sua tutela contribuiscono ad edificare un’Europa democratica, pacifica e unita.
Riaffermando il proprio impegno per la piena attuazione delle disposizioni relative alla dimen- sione culturale contenute nell’Atto Finale di Helsinki e in altri documenti CSCE, gli Stati parteci- panti concordano su quanto segue:
I. Cultura e Libertà
1. Gli Stati partecipanti sottolineano che il rispetto dei diritti dell’uomo e delle libertà fondamen- tali è essenziale per il pieno sviluppo della creatività culturale.
2. Lo Stato e le autorità pubbliche si asterranno dal violare la libertà della creazione artistica.
3. Gli Stati partecipanti si impegnano a promuovere e tutelare lo sviluppo libero e non ostacolato della creatività artistica; essi riconoscono l’importanza del ruolo dei singoli artisti nella società e rispetteranno e tuteleranno l’integrità dell’opera creativa.
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4. Essi riconoscono la necessità dei governi di trovare un equilibrio tra la loro duplice responsabi- lità di agire a sostegno e di assicurare la libertà dell’attività culturale.
5. Essi inoltre riconoscono che, data la varietà dell’attività culturale negli Stati partecipanti, molti sono i modi in cui i governi possono scegliere di rispondere efficacemente ai problemi relativi al retaggio culturale.
6. Gli Stati partecipanti ribadiscono il proprio rispetto per la libertà di espressione e, in relazione all’esercizio di tale libertà nel campo artistico e culturale, dichiarano quanto segue: 6.1 La pubblicazione di opere scritte, la rappresentazione e la trasmissione di opere musicali, tea- trali e audiovisive, e l’esposizione di opere di pittura e di scultura non saranno soggette a restri- zioni o interferenze da parte dello Stato, salvo le restrizioni che siano previste dalle legislazioni nazionali e che siano pienamente compatibili con gli standard internazionali. 6.2 Essi esprimono la propria convinzione che l’esistenza, nel campo artistico e culturale, di una varietà di mezzi di diffusione indipendenti dallo Stato, quali le case editrici, le emittenti radiofo- niche, le case cinematografiche e gli enti televisivi, i teatri e le gallerie, contribuisce ad assicurare il pluralismo e la libertà di espressione artistica e culturale.
7. Gli Stati partecipanti ricordano i propri impegni per il libero accesso alla cultura, e concor- dano quanto segue: 7.1 Pur rispettando debitamente i diritti di proprietà intellettuale, ogni persona od organizzazione indipendente ha il diritto di possedere privatamente, usare e riprodurre ogni genere di materiale culturale, quali libri, pubblicazioni e registrazioni audiovisive, nonché i mezzi per riprodurli.
8. Gli Stati partecipanti sono determinati a promuovere la conoscenza reciproca delle loro rispet- tive culture. Di conseguenza, essi incoraggeranno la cooperazione e gli scambi in tutti i campi della cultura e del lavoro creativo.
9. Gli Stati partecipanti sono convinti che le culture regionali e locali, incluse quelle relative alle minoranze nazionali, arricchiscono la vita culturale.
II. Cultura e Retaggio
10. Gli Stati partecipanti esprimono la loro ben radicata convinzione che il retaggio culturale di cia- scuno di essi costituisce una parte inalienabile della loro civiltà, della loro memoria e della loro storia comune da trasmettere alle generazioni future.
11. Gli Stati partecipanti prendono atto delle definizioni di proprietà archeologica, del retaggio culturale e del retaggio architettonico contenute nei pertinenti documenti internazionali del Con- siglio d’Europa e dell’UNESCO.
12. La completa e permanente documentazione di siti, strutture, paesaggi culturali, oggetti e sistemi culturali, inclusi i monumenti storici, religiosi e culturali nella loro forma attuale, è una delle più importanti eredità del retaggio culturale da trasmettere alle future generazioni.
13. Gli Stati partecipanti riconoscono inoltre come elementi vitali del loro retaggio culturale comune il retaggio di quelle culture che, in ragione di barriere linguistiche, di fattori climatici e geogra- fici, di scarsità di popolazione o a causa di svolte storiche e avvenimenti politici, non sono state ampiamente accessibili.
76 14. Gli Stati partecipanti si adopereranno per tutelare il retaggio culturale, conformemente ai per- tinenti accordi internazionali e alle loro legislazioni nazionali.
15. Gli Stati partecipanti presteranno attenzione alla preservazione, alla valorizzazione e al restauro del retaggio culturale nell’elaborare politiche di pianificazione culturale, ambientale, regionale ed urbanistica. Essi inoltre rilevano l’importanza di collocare i singoli progetti di conservazione nell’autentico ambiente urbano o rurale, ove appropriato e ogniqualvolta possibile.
16. Gli Stati partecipanti riconoscono l’importanza di rendere quanto più accessibile il proprio retaggio culturale. Nel fare ciò, essi presteranno particolare attenzione alle esigenze dei porta- tori di handicap. 16.1 Essi si adopereranno per salvaguardare il retaggio dai danni che possono essere provocati dalla sua gestione e dall’accesso del pubblico ad esso. 16.2 Essi promuoveranno nel pubblico la consapevolezza del valore del retaggio e della necessita di tutelarlo. 16.3 Essi cercheranno, ogniqualvolta possibile, di agevolare ai ricercatori e agli studiosi l’accesso ad importanti documenti originali e materiali di archivio.
17. Gli Stati partecipanti rilevano con favore il ruolo delle associazioni non governative nel pro- muovere la consapevolezza del retaggio e dell’esigenza di tutelarlo.
18. Le associazioni fra diversi gruppi a livello locale, regionale e nazionale, del settore pubblico e privato, sono atte ad assicurare un’effettiva e significativa preservazione del retaggio culturale. La preservazione ed il significato dei valori e del retaggio culturale di gruppi diversi saranno valo- rizzati con il coinvolgimento di tali gruppi, il che contribuisce alla tolleranza e al rispetto delle diverse culture che sono elementi di importanza fondamentale.
19. Gli Stati partecipanti prendono atto dell’utilità e dell’importanza di scambiare informazioni sulla preservazione del retaggio culturale e riconoscono che l’utilizzazione di banche dati, a livello nazionale e multilaterale, potrebbe costituire un utile contributo a tale opera.
III. Principali settori di preservazione e cooperazione
20. Gli Stati partecipanti incoraggeranno la formazione, a livello iniziale e avanzato, per le varie professioni e i vari mestieri connessi con la preservazione e il restauro del retaggio culturale, non- ché con la sua gestione. Essi concordano di tenersi reciprocamente al corrente su qualsiasi impor- tante sviluppo in tale settore e di cooperare gli uni con gli altri. 20.1 La diffusione di conoscenze e tecniche, particolarmente delle tecniche in via di estinzione relative al retaggio culturale, mediante la formazione, lo scambio di personale, la ricerca e le pub- blicazioni tecniche, è necessaria per garantire la continuità della preservazione del retaggio cul- turale. Essi pertanto riaffermano il loro impegno ad incoraggiare scambi bilaterali e multilaterali di tirocinanti e specialisti. 20.2 Gli Stati partecipanti dovrebbero invitare le organizzazioni professionali appropriate a com- pilare un registro nazionale di artigiani specializzati competenti nel campo della tutela e della pre- servazione del retaggio culturale, al fine di facilitare i contatti fra tali persone e gli utenti dei loro servizi, su scala sia nazionale che internazionale.
21. Gli Stati partecipanti scambieranno dati sulle proprie politiche relative al retaggio culturale, in particolare per quanto riguarda i metodi, i mezzi e le possibilità forniti dalle nuove tecnologie.
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22. Gli Stati partecipanti si adopereranno per mettere in comune le proprie conoscenze e la pro- pria esperienza nel campo della pubblicazione e distribuzione di materiale stampato e audiovisivo. 22.1 Al fine di accrescere nell’opinione pubblica la consapevolezza in materia di preservazione del retaggio culturale, gli Stati partecipanti renderanno disponibili informazioni atte ad aiutare le sta- zioni radiotelevisive e la stampa a promuovere l’informazione in tale settore.
23. Essi si adopereranno per migliorare le condizioni di deposito dei beni culturali deperibili, quali carta, pellicole cinematografiche e registrazioni sonore, per elaborare programmi nazionali di pre- servazione del retaggio culturale deperibile e per stabilire standard comunemente accettati per tutti i mezzi-veicolo di prodotti culturali, al fine di salvaguardare la durata di tali oggetti culturali.
24. Gli Stati partecipanti incoraggeranno la creazione di collegamenti fra i centri di documenta- zione e le banche dati nei settori culturali, in modo da agevolare lo scambio di informazioni fra loro.
25. Al fine di migliorare la comprensione dei valori culturali dei paesi le cui lingue sono meno dif- fuse, gli Stati partecipanti accolgono con favore la diffusione della conoscenza su tali lingue e di tali lingue, in particolare mediante la traduzione e la pubblicazione di opere letterarie di tali paesi. Si dovrebbe inoltre prendere in considerazione l’organizzazione di corsi internazionali di forma- zione per il personale dei media e del settore culturale impegnato a promuovere la comprensione delle lingue meno parlate e delle culture meno conosciute.
26. Riconoscendo l’importante contributo delle fedi, delle istituzioni e delle organizzazioni reli- giose al retaggio culturale, gli Stati partecipanti coopereranno strettamente con esse per la pre- servazione del retaggio culturale e presteranno la dovuta attenzione ai monumenti ed agli oggetti di matrice religiosa che non sono più utilizzati dalle loro comunità originarie o le cui comunità originarie non esistono più in una particolare regione.
27. Tenendo presente l’importante ruolo che gli aspetti regionali della cultura possono svolgere nel creare legami fra i popoli al di sopra delle frontiere nazionali, gli Stati partecipanti favoriranno la cooperazione regionale a livello di autorità locali e nazionali e di organizzazioni non governa- tive, al fine di promuovere relazioni di buon vicinato.
28. Gli Stati partecipanti presteranno la dovuta attenzione al rafforzamento del retaggio della cul- tura popolare del passato, incluse le culture autoctone e dialettali, e all’incoraggiamento di una cultura popolare contemporanea nell’ambito dei loro sforzi globali volti a preservare, studiare, tutelare e promuovere la reciproca consapevolezza del proprio retaggio culturale. Gli Stati parteci- panti rilevano l’importanza della ricerca su varie forme di espressione di culture passate e presenti – pratiche simboliche, oggetti e conoscenze di carattere tecnico, arte popolare, lingue – e l’impor- tanza di fare quanto necessario per metterle in luce.
29. Gli Stati partecipanti presteranno inoltre attenzione ai più recenti contributi dati al retaggio culturale (arte, incluse opere architettoniche, del XX secolo).
30. Gli Stati partecipanti coopereranno per prevenire la circolazione illegale di oggetti culturali, prendendo in esame, per esempio, l’adesione agli strumenti internazionali pertinenti.
31. Gli Stati partecipanti si adopereranno per preservare e tutelare i monumenti e i luoghi carichi di memorie, inclusi soprattutto i campi di sterminio, e i relativi archivi, che sono di per sé testi- monianze di tragiche esperienze del loro comune passato. È necessario intraprendere iniziative tali da far sì che queste esperienze possano essere ricordate, possano contribuire a far conoscere tali eventi alle generazioni presenti e future, assicurando così che non si ripetano mai più.
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32. Il significato dei luoghi carichi di memorie dolorose può validamente contribuire a promuo- vere la tolleranza e la comprensione fra i popoli tenendo conto delle diversità sociali e culturali.
33. Gli Stati partecipanti riconoscono che, nel definire le priorità per la preservazione, è impor- tante tenere presente il valore intrinseco del retaggio culturale, il relativo stato di deterioramento e il contenuto storico culturale. A tal fine essi si adopereranno, ove appropriato, a promuovere l’uso di carte di rischio, lo scambio di informazioni e l’organizzazione di cantieri di studio in situ, ide- ali anche per il coinvolgimento delle più giovani generazioni.
34. Gli Stati partecipanti rammentano che la preservazione dello status dei monumenti e dei siti connessi con la loro storia e la loro cultura, ovunque essi si trovino, costituisce parte integrante degli sforzi globali nell’ambito della CSCE per la preservazione e la tutela del retaggio culturale comune.
35. Gli Stati partecipanti ritengono necessario adottare misure concertate per tutelare il retaggio culturale comune dai danni ambientali. A tal fine prenderanno in considerazione l’istituzione o l’adesione a reti per la raccolta di dati e il coordinamento della ricerca. Essi si adopereranno per coordinare le decisioni sulle politiche e adotteranno misure dirette per ridurre l’impatto dell’in- quinamento atmosferico e di altri fattori di degrado sul retaggio culturale comune.
36. Al fine di tutelare i siti di importanza culturale negli agglomerati urbani, gli Stati partecipanti adotteranno misure per contrastare gli effetti dell’inquinamento sui complessi architettonici delle città minacciate; restaurare, preservare e rivitalizzare i centri storici urbani e salvaguardare i siti e tutelarli dai danni provocati dal crescente flusso di turisti.
37. Gli Stati partecipanti rilevano l’importanza di tutelare il paesaggio culturale, in particolare nei villaggi e nelle zone rurali, dal pericolo derivante dai cambiamenti dei modelli delle attività “eco- nomiche e dall’impatto dell’inquinamento, con particolare riguardo alla protezione delle abita- zioni e dei complessi omogenei dell’ambiente di vita quotidiana.
38. Tenuto conto del contributo che la storia naturale può offrire alla nostra comprensione del mondo odierno e della sua evoluzione nel futuro, gli Stati partecipanti si adopereranno per pro- muovere la preservazione e il significato di siti e raccolte di storia naturale.
39. Gli Stati partecipanti rilevano l’importanza di salvaguardare i parchi pubblici e privati e i giar- dini storici quali opere dell’uomo e della natura, per il loro interesse storico, botanico e sociale, inclusi i loro elementi decorativi e architettonici.
40. Gli Stati partecipanti si adopereranno per la salvaguardia e la tutela dei siti archeologici situati nel loro territorio, inclusi i siti sommersi. Tale aspetto dovrà essere tenuto presente durante le ope- razioni di sviluppo regionale che potrebbero costituire una minaccia per i siti che non sono stati ancora scientificamente esplorati, scavati o restaurati.
41. Essi sottolineano l’esigenza di un coordinamento delle attività di organizzazioni e di istitu- zioni internazionali, quali il Consiglio d’Europa e l’UNESCO, in modo da contribuire al pieno sviluppo della cooperazione culturale fra gli Stati partecipanti. Tenendo presente l’esigenza di evi- tare la duplicazione degli sforzi, gli Stati partecipanti coopereranno strettamente con le compe- tenti organizzazioni internazionali cui essi appartengono. (…)
79 Rapporto della Riunione CSCE di Esperti sulle Minoranze Nazionali Ginevra 1991
(…)
Conformemente alle pertinenti disposizioni della Carta di Parigi, i rappresentanti degli Stati par- tecipanti hanno svolto un dibattito approfondito sui problemi delle minoranze nazionali e dei diritti delle persone che vi appartengono che ha rispecchiato la diversità delle situazioni e degli antecedenti giuridici, storici, politici ed economici. Essi hanno avuto uno scambio di vedute sull’e- sperienza pratica rispetto alle minoranze nazionali, in particolare per quanto riguarda la legisla- zione nazionale, le istituzioni democratiche, gli strumenti internazionali e altre possibili forme di cooperazione. Sono stati espressi pareri sull’attuazione dei pertinenti impegni CSCE, e i rap- presentanti degli Stati partecipanti hanno inoltre considerato la possibilità di miglioramento delle norme pertinenti. Essi hanno inoltre considerato nuove misure miranti a migliorare l’attuazione dei suddetti impegni.
Varie proposte sono state sottoposte all’esame della Riunione e, a seguito delle loro deliberazioni, i rappresentanti degli Stati partecipanti hanno adottato il presente Rapporto.
Il testo del Rapporto della Riunione di Esperti sulle Minoranze Nazionali tenutasi a Ginevra sarà pubblicato in ciascuno Stato partecipante, che ne curerà la diffusione e lo farà conoscere nel modo più ampio possibile.
I rappresentanti degli Stati partecipanti rilevano che il Consiglio terrà conto del riepilogo della Riunione, conformemente alla Carta di Parigi per una Nuova Europa.
I
Riconoscendo che la loro osservanza ed il pieno esercizio dei diritti dell’uomo e delle libertà fon- damentali, inclusi quelli delle persone appartenenti alle minoranze nazionali, sono il fondamento della Nuova Europa,
Riaffermando la loro profonda convinzione che relazioni amichevoli fra i loro popoli, nonché la pace, la giustizia, la stabilità e la democrazia, richiedono che l’identità etnica, culturale, lingui- stica e religiosa delle minoranze nazionali sia tutelata, e che siano create condizioni per la pro- mozione di tale identità,
Convinti che, negli Stati con minoranze nazionali, la democrazia richiede che tutte le persone, incluse quelle appartenenti a minoranze nazionali, godano della piena ed effettiva uguaglianza dei diritti e delle libertà fondamentali e beneficino dello stato di diritto e delle istituzioni democratiche,
Consapevoli della diversità delle situazioni e dei sistemi costituzionali nei loro paesi, e ricono- scendo pertanto che vari approcci sono appropriati per l’attuazione degli impegni CSCE concer- nenti le minoranze nazionali,
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Memori dell’importanza di compiere sforzi per affrontare i problemi delle minoranze nazionali, in particolare nelle zone in cui le istituzioni democratiche stanno consolidandosi e in cui le que- stioni relative alle minoranze nazionali sono oggetto di particolare interesse,
Consapevoli che le minoranze nazionali sono una parte integrante della società degli Stati in cui vivono e che esse sono un fattore di arricchimento rispettivamente di ciascuno Stato e di cia- scuna società,
Confermando l’esigenza di rispettare e attuare pienamente e correttamente i propri impegni nel campo dei diritti dell’uomo e delle libertà fondamentali enunciati negli strumenti internazionali da cui essi possono essere vincolati,
Ribadendo la propria ferma determinazione di rispettare e di applicare pienamente tutti gli impe- gni relativi alle minoranze nazionali ed alle persone che vi appartengono da essi assunti nell’Atto Finale di Helsinki, nel Documento Conclusivo di Madrid e nel Documento Conclusivo di Vienna, nel Documento della Riunione di Copenaghen della Conferenza sulla Dimensione Umana della CSCE, nel Documento del Simposio di Cracovia sul Retaggio Culturale nonché nella Carta di Parigi per una Nuova Europa, gli Stati partecipanti presentano qui di seguito il riepilogo delle loro conclusioni.
I rappresentanti degli Stati partecipanti hanno preso come base fondamentale del proprio lavoro gli impegni da essi assunti in merito alle minoranze nazionali e contenuti nei pertinenti documenti adottati dalla CSCE, in particolare quelli contenuti nella Carta di Parigi per una Nuova Europa e nel Documento della Riunione di Copenaghen della Conferenza sulla Dimensione Umana della CSCE, che essi hanno pienamente riaffermato.
II
Gli Stati partecipanti sottolineano la costante importanza di un riesame approfondito dell’attua- zione dei loro impegni CSCE relativi alle persone appartenenti a minoranze nazionali.
Essi mettono in rilievo che i diritti dell’uomo e le libertà fondamentali sono la base per la tutela e la promozione dei diritti delle persone appartenenti a minoranze nazionali. Essi riconoscono inol- tre che le questioni relative alle minoranze nazionali possono essere risolte in modo soddisfacente solo in un quadro politico democratico basato sullo stato di diritto, con una magistratura indi- pendente funzionante. Tale quadro garantisce il pieno rispetto dei diritti dell’uomo e delle libertà fondamentali, diritti e status uguali per tutti i cittadini, incluse le persone appartenenti a mino- ranze nazionali, la libera espressione di tutti i loro legittimi interessi ed aspirazioni, il pluralismo politico, la tolleranza sociale e l’attuazione delle norme giuridiche che pongono limiti efficaci agli abusi del potere governativo.
I problemi concernenti le minoranze nazionali, nonché l’osservanza degli obblighi e degli impe- gni internazionali concernenti i diritti delle persone che vi appartengono, sono questioni di legit- timo interesse internazionale e di conseguenza non costituiscono esclusivamente un affare interno del rispettivo Stato.
Essi rilevano che non tutte le differenze etniche, culturali, linguistiche o religiose portano neces- sariamente alla creazione di minoranze nazionali.
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III
Rispettando il diritto delle persone appartenenti a minoranze nazionali di partecipare effettiva- mente agli affari pubblici, gli Stati partecipanti considerano che quando nei loro paesi vengono discusse questioni relative alla situazione delle minoranze nazionali, esse stesse dovrebbero avere l’effettiva opportunità di esservi coinvolte, conformemente alle procedure decisionali di ciascuno Stato. Essi considerano inoltre che un’appropriata partecipazione democratica delle persone appar- tenenti a minoranze nazionali o di loro rappresentanti ad organi decisionali o consultivi costitui- sca un elemento importante per la partecipazione effettiva agli affari pubblici.
Essi considerano che si debbano compiere sforzi particolari per risolvere problemi specifici in modo costruttivo e attraverso il dialogo mediante negoziati e consultazioni al fine di migliorare la situazione delle persone appartenenti a minoranze nazionali. Essi riconoscono che la promo- zione del dialogo fra gli Stati, e fra gli Stati e le persone appartenenti a minoranze nazionali, avrà soprattutto successo se vi sarà un libero flusso di informazioni e di idee fra tutte le parti. Essi inco- raggiano sforzi unilaterali, bilaterali e multilaterali da parte dei Governi per ricercare modi atti a intensificare l’efficacia della loro attuazione degli impegni CSCE relativi alle minoranze nazionali.
Gli Stati partecipanti considerano inoltre che il rispetto dei diritti dell’uomo e delle libertà fonda- mentali deve essere garantito su una base non discriminatoria in tutta la società. Nelle zone abi- tate principalmente da persone appartenenti ad una minoranza nazionale, i diritti dell’uomo e le libertà fondamentali delle persone appartenenti a tale minoranza, delle persone appartenenti alla maggioranza della popolazione del rispettivo Stato, e delle persone appartenenti ad altre mino- ranze nazionali residenti in tali zone, saranno ugualmente tutelati.
Essi riconfermano che le persone appartenenti a minoranze nazionali hanno il diritto di esprimere liberamente, preservare e sviluppare la propria identità etnica, culturale, linguistica o religiosa e di mantenere e sviluppare la propria cultura in tutti i suoi aspetti, al riparo da ogni tentativo di assi- milazione contro la loro volontà.
Essi consentiranno alle autorità competenti di informare l’Ufficio per le Libere Elezioni di tutte le elezioni pubbliche previste nei loro territori, comprese quelle a livello subnazionale. Gli Stati par- tecipanti considereranno favorevolmente, nei limiti consentiti dalla legge, la presenza di osservatori ad elezioni tenute a livello subnazionale, incluse quelle nelle zone abitate da minoranze nazionali, e si adopereranno per facilitarne l’accesso.
IV
Gli Stati partecipanti creeranno per le persone appartenenti a minoranze nazionali condizioni che offrano loro pari opportunità di partecipare effettivamente alla vita pubblica, alle attività econo- miche, ed all’edificazione delle loro società.
Conformemente al paragrafo 31 del Documento di Copenaghen, gli Stati partecipanti adotteranno le misure necessarie per prevenire la discriminazione contro le persone, particolarmente per quanto riguarda l’occupazione, l’alloggio e l’educazione, sulla base della loro appartenenza o meno ad una minoranza nazionale. In tale contesto, essi, qualora non lo abbiano ancora fatto, prenderanno disposizioni per un efficace ricorso a provvedimenti riparatori per gli individui che hanno subito un trattamento discriminatorio in base alla loro appartenenza o meno ad una minoranza nazio- nale, anche mettendo a disposizione delle singole vittime della discriminazione un’ampia gamma di provvedimenti riparatori amministrativi e giudiziari.
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Gli Stati partecipanti sono convinti che la preservazione dei valori e del retaggio culturale delle minoranze nazionali richiede il coinvolgimento delle persone appartenenti a tali minoranze e che la tolleranza ed il rispetto delle diverse culture sono di fondamentale importanza a tale riguardo. Di conseguenza, essi confermano l’importanza di astenersi dall’ostacolare la produzione di materiali culturali concernenti le minoranze nazionali, anche da parte delle persone che vi appartengono.
Gli Stati partecipanti affermano che le persone appartenenti a una minoranza nazionale godranno degli stessi diritti e avranno gli stessi doveri di cittadinanza del resto della popolazione.
Gli Stati partecipanti riconfermano l’importanza di adottare, ove necessario, speciali misure al fine di assicurare alle persone appartenenti a minoranze nazionali piena uguaglianza con gli altri cit- tadini nell’esercizio e nel godimento dei diritti dell’uomo e delle libertà fondamentali. Essi inoltre ricordano l’esigenza di adottare le misure necessarie per tutelare l’identità etnica, culturale, lin- guistica e religiosa delle minoranze nazionali nel loro territorio e creare le condizioni per la pro- mozione di tale identità; ciascuna di queste misure sarà conforme ai principi dell’uguaglianza e della non discriminazione nei confronti degli altri cittadini dello Stato partecipante interessato.
Essi riconoscono che tali misure, che tengono conto, fra l’altro, delle circostanze storiche e terri- toriali delle minoranze nazionali, sono particolarmente importanti nelle zone in cui le istituzioni democratiche stanno consolidandosi e in cui i problemi delle minoranze nazionali sono oggetto di particolare interesse.
Consapevoli della diversità e del mutare dei sistemi costituzionali fra loro, il che fa sì che nessun singolo approccio sia necessariamente applicabile in modo generalizzato, gli Stati partecipanti rile- vano con interesse che alcuni di loro hanno ottenuto risultati positivi in un modo democratico appropriato, fra l’altro, mediante: • organi consultivi decisionali nei quali siano rappresentate le minoranze, in particolare per quanto riguarda l’educazione, la cultura e la religione; • organi ed assemblee elettivi per le questioni delle minoranze nazionali; • amministrazioni locali ed autonome, nonché autonomia su una base territoriale, inclusa l’esi- stenza di organi consultivi, legislativi ed esecutivi scelti mediante elezioni libere e periodiche; • amministrazione autonoma da parte di una minoranza nazionale degli aspetti concernenti la pro- pria identità in situazioni in cui non si applica l’autonomia su una base territoriale; • forme di governo decentralizzate o locali; • accordi bilaterali e multilaterali ed altre intese concernenti le minoranze nazionali; • per le persone appartenenti a minoranze nazionali, opportunità di adeguati tipi e livelli di edu- cazione nella loro madrelingua con il dovuto riguardo al numero, ai modelli di insediamento geografico ed alle tradizioni culturali delle minoranze nazionali; • stanziamenti per l’insegnamento delle lingue delle minoranze alla popolazione in generale, non- ché inserimento delle lingue delle minoranze in istituzioni per la formazione degli insegnanti, in particolare nelle regioni abitate da persone appartenenti a minoranze nazionali; • nei casi in cui l’insegnamento di una particolare disciplina non sia assicurato nel loro territo- rio nella lingua della minoranza a tutti i livelli, adozione delle misure necessarie al fine di tro- vare i mezzi per il riconoscimento dei titoli di studio rilasciati all’estero per un corso di studio portato a termine in tale lingua; • creazione di agenzie governative di ricerca per riesaminare la legislazione e diffondere le infor- mazioni connesse con la parità dei diritti e la non-discriminazione;
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• fornitura di assistenza finanziaria e tecnica alle persone appartenenti alle minoranze nazionali che lo desiderino per consentir loro di esercitare il proprio diritto di creare e conservare le pro- prie istituzioni, organizzazioni e associazioni educative, culturali e religiose; • assistenza governativa per affrontare le difficoltà locali relative a prassi discriminatorie (per esempio, un servizio di consultazione per i cittadini); • incoraggiamento degli sforzi per migliorare le relazioni di base nell’ambito di una comunità fra le comunità minoritarie, fra le comunità maggioritarie e minoritarie, e fra comunità limitrofe al fine di contribuire a prevenire l’insorgere di tensioni locali e affrontare pacificamente i con- flitti qualora questi insorgano; e • incoraggiamento dell’istituzione di commissioni miste permanenti, sia interstatali che regionali, per agevolare la continuazione del dialogo fra le regioni confinanti interessate.
Gli Stati partecipanti sono dell’avviso che questi o altri approcci, singolarmente o in associazione, potrebbero essere utili per migliorare la situazione delle minoranze nazionali nei loro territori.
V
Gli Stati partecipanti rispettano il diritto delle persone appartenenti a minoranze nazionali di eser- citare e godere dei propri diritti singolarmente o in comune con altri, di creare e conservare orga- nizzazioni e associazioni nel loro paese, e di partecipare ad organizzazioni internazionali non governative.
Gli Stati partecipanti riaffermano e non ostacoleranno l’esercizio del diritto delle persone appar- tenenti a minoranze nazionali di creare e conservare proprie istituzioni, organizzazioni e associa- zioni educative, culturali e religiose.
A tale riguardo, essi riconoscono il ruolo rilevante e vitale che le persone, le organizzazioni non governative, e gruppi religiosi e di altro genere svolgono nel promuovere la comprensione transcul- turale e nel migliorare le relazioni a tutti livelli della società, nonché oltre le frontiere internazionali.
Essi ritengono che le osservazioni e le esperienze dirette di tali organizzazioni, gruppi e persone pos- sano essere estremamente utili per promuovere l’attuazione degli impegni CSCE relativi alle persone appartenenti a minoranze nazionali. Essi pertanto incoraggeranno e non ostacoleranno il lavoro di tali organizzazioni, gruppi e persone e accoglieranno con favore i loro contributi in tale campo.
VI
Gli Stati partecipanti, preoccupati per la proliferazione di atti di odio razziale, etnico e religioso, antisemitismo, xenofobia e discriminazione, sottolineano la propria determinazione di condan- nare costantemente tali atti perpetrati contro chicchessia.
In tale contesto, essi riaffermano il proprio riconoscimento dei particolari problemi dei Rom (zingari). Essi sono disposti ad adottare misure efficaci al fine di conseguire la piena uguaglianza di opportunità fra le persone appartenenti ai Rom solitamente residenti nel loro Stato e il resto della popolazione residente. Essi inoltre incoraggeranno la ricerca e studi riguardanti i Rom non- ché i particolari problemi che li confrontano.
Essi adotteranno misure efficaci per promuovere la tolleranza, la comprensione, l’uguaglianza di opportunità e buone relazione fra individui di origini differenti nei loro paesi.
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Inoltre, gli Stati partecipanti adotteranno misure efficaci, inclusa l’adozione, conformemente al pro- prio diritto costituzionale e ai propri obblighi internazionali, qualora non lo abbiano già fatto, di leggi che vietino atti che costituiscano incitamento alla violenza sulla base della discrimina- zione nazionale, razziale, etnica o religiosa, dell’ostilità o dell’odio, ivi compreso l’antisemitismo, nonché di politiche atte a far rispettare tali leggi.
Inoltre, per accrescere la pubblica consapevolezza del pregiudizio e dell’odio, per migliorare l’ap- plicazione delle leggi contro i crimini connessi con l’odio e per promuovere in altro modo gli sforzi miranti ad affrontare l’odio e il pregiudizio nella società, essi compieranno sforzi per raccogliere, pubblicare regolarmente e rendere disponibili al pubblico i dati concernenti i crimini perpetrati sui propri rispettivi territori che si basino su pregiudizi riguardanti la razza, l’identità etnica o la religione, incluse le direttive utilizzate per raccogliere tali dati. Tali dati non dovrebbero conte- nere alcuna informazione personale.
Essi si consulteranno e scambieranno pareri e informazioni a livello internazionale, incluse future riunioni della CSCE, sui crimini che siano prova di pregiudizio e odio.
VII
Convinti che la tutela dei diritti delle persone appartenenti a minoranze nazionali richiede il libero flusso di informazioni e lo scambio di idee, gli Stati partecipanti sottolineano l’importanza delle comunicazioni fra le persone appartenenti a minoranze nazionali senza interferenze da parte delle pubbliche autorità e indipendentemente dalle frontiere. L’esercizio di tali diritti potrà essere sog- getto soltanto alle restrizioni previste dalla legge e che siano compatibili con le norme internazio- nali. Essi riaffermano che nessuna persona appartenente a una minoranza nazionale sarà soggetta, semplicemente in quanto appartenente a tale minoranza, a sanzioni penali o amministrative per avere avuto contatti all’interno o al di fuori del proprio paese.
Per quanto riguarda l’accesso ai media, essi non faranno discriminazioni contro alcuno sulla base di motivi etnici, culturali, linguistici o religiosi. Essi renderanno disponibili le informazioni utili per consentire ai mass media elettronici di tenere conto, nei loro programmi, dell’identità etnica, culturale, linguistica e religiosa delle minoranze nazionali.
Essi riaffermano che la creazione e la conservazione di liberi contatti fra le persone appartenenti a una minoranza nazionale nonché di contatti oltre le frontiere da parte di persone appartenenti a una minoranza nazionale con persone con le quali esse condividano una comune origine etnica o nazionale, il retaggio culturale o il credo religioso, contribuiscono alla mutua comprensione e promuovono relazioni di buon vicinato.
Essi pertanto incoraggiano accordi di cooperazione transfrontaliera a livello nazionale, regionale e locale, fra l’altro, per quanto concerne il traffico locale di frontiera, la preservazione e le visite di monumenti e siti culturali e storici, il turismo, il miglioramento del traffico, l’economia, gli scambi di giovani, la tutela dell’ambiente e l’istituzione di commissioni regionali.
Essi incoraggeranno inoltre la creazione di gruppi di lavoro informali (per esempio, cantieri di stu- dio, comitati sia all’interno che fra gli Stati partecipanti) ove vivono minoranze nazionali, per discu- tere, scambiare le esperienze e presentare proposte sui problemi relativi alle minoranze nazionali.
Al fine di migliorare le loro informazioni sull’effettiva situazione delle minoranze nazionali, gli Stati partecipanti distribuiranno su una base volontaria, tramite il Segretariato CSCE, informazioni ad
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altri Stati partecipanti sulla situazione delle minoranze nazionali nei loro rispettivi territori non- ché rapporti sulla politica nazionale a tale riguardo.
Gli Stati partecipanti depositeranno presso il Segretariato CSCE copie dei contributi presentati in seno alla Plenaria della Riunione CSCE di Esperti sulle Minoranze Nazionali che essi desiderino rendere disponibili al pubblico.
VIII
Gli Stati partecipanti rilevano con favore il contributo positivo apportato dai rappresentanti delle Nazioni Unite e del Consiglio d’Europa ai lavori della Riunione di Esperti sulle Minoranze Nazio- nali tenutasi a Ginevra. Essi ritengono che il lavoro e le attività di tali organizzazioni avranno un’importanza costante per l’esame dei problemi delle minoranze nazionali in seno alla CSCE.
Gli Stati partecipanti rilevano che meccanismi CSCE appropriati possono essere importanti per affrontare questioni relative alle minoranze nazionali. Inoltre, essi raccomandano che la terza Riu- nione della Conferenza sulla Dimensione Umana della CSCE esamini l’ampliamento del Mecca- nismo della Dimensione Umana. Essi promuoveranno la partecipazione degli individui alla tutela dei loro diritti, inclusi i diritti delle persone appartenenti a minoranze nazionali.
Infine, i rappresentanti degli Stati partecipanti chiedono al Segretario Esecutivo della Riunione di trasmettere il presente Rapporto alla terza Riunione della Conferenza sulla Dimensione Umana della CSCE.
86 Documento della Riunione di Mosca della Conferenza sulla Dimensione Umana della CSCE Mosca 1991
(…)
Gli Stati partecipanti rinnovano il loro impegno per la piena attuazione di tutti i principi e di tutte le disposizioni dell’Atto Finale della Conferenza sulla Sicurezza e la Cooperazione in Europa, della Carta di Parigi per una Nuova Europa e degli altri documenti CSCE relativi alla dimen- sione umana, incluso, in particolare, il Documento della Riunione di Copenaghen della Confe- renza sulla Dimensione Umana della CSCE, e sono decisi a conseguire ancora ulteriori progressi nell’attuazione di tali disposizioni, in quanto il pieno rispetto dei diritti dell’uomo e delle libertà fondamentali e lo sviluppo di società basate sulla democrazia pluralistica e sullo stato di diritto sono i presupposti di un durevole ordine di pace, sicurezza, giustizia e cooperazione in Europa.
In tale contesto, gli Stati partecipanti hanno sottolineato che, conformemente all’Atto Finale della Conferenza sulla Sicurezza e la Cooperazione in Europa e della Carta di Parigi per una Nuova Europa, l’eguaglianza dei diritti dei popoli e il loro diritto all’autodeterminazione devono essere rispettati conformemente alla Carta delle Nazioni Unite e alle norme pertinenti del diritto inter- nazionale, comprese quelle relative all’integrità territoriale degli Stati.
Nella Riunione di Mosca sono state espresse vedute da parte degli Stati partecipanti sulla attuazione dei loro impegni nel campo della dimensione umana. Essi hanno rilevato che il grado di osser- vanza degli impegni contenuti nelle pertinenti disposizioni dei documenti CSCE ha evidenziato un ulteriore sostanziale miglioramento dopo la Riunione di Copenaghen. Essi hanno inoltre rile- vato che, malgrado gli importanti progressi compiuti, gravi minacce ai principi e alle disposizioni CSCE e violazioni degli stessi continuano a sussistere e provocano serie ripercussioni sulla valu- tazione della situazione globale in Europa. In particolare, essi hanno deplorato gli atti di discri- minazione, ostilità e violenza contro persone o gruppi per motivi nazionali, etnici o religiosi. Gli Stati partecipanti hanno espresso pertanto l’opinione che per la piena attuazione dei loro impe- gni relativi alla dimensione umana sono ancora necessari sforzi continui che dovrebbero trarre sostanziale vantaggio dai profondi mutamenti politici verificatisi.
Gli Stati partecipanti sottolineano che le questioni relative ai diritti dell’uomo, alle libertà fon- damentali, alla democrazia e allo stato di diritto rivestono un interesse internazionale, in quanto il rispetto di tali diritti e libertà costituisce uno dei fondamenti dell’ordine internazionale. Essi dichiarano categoricamente ed irrevocabilmente che gli impegni assunti nel campo della dimen- sione umana della CSCE sono questioni di diretto e legittimo interesse per tutti gli Stati partecipanti e non rientrano esclusivamente negli affari interni dello Stato interessato. Essi esprimono la loro determinazione di adempiere a tutti i loro impegni nel campo della dimensione umana e di risol- vere con mezzi pacifici qualsiasi questione relativa, individualmente e collettivamente, sulla base del rispetto e della cooperazione reciproci. In tale contesto essi riconoscono che il coinvolgimento
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attivo di persone, gruppi, organizzazioni ed istituzioni è essenziale per garantire continui pro- gressi in tale direzione.
Gli Stati partecipanti esprimono la loro determinazione collettiva di salvaguardare ulteriormente i diritti dell’uomo e le libertà fondamentali e di consolidare i progressi democratici nei loro terri- tori. Essi riconoscono inoltre la pressante esigenza di incrementare l’efficacia della CSCE nella trat- tazione di problemi relativi ai diritti dell’uomo che sorgano nei loro territori nella presente epoca di profondi mutamenti in Europa.
Al fine di rafforzare ed ampliare il meccanismo della dimensione umana descritto nel Capitolo sulla Dimensione Umana della CSCE del Documento Conclusivo di Vienna e di sviluppare e di approfondire gli impegni enunciati nel Documento della Riunione di Copenaghen della Confe- renza sulla Dimensione Umana della CSCE, gli Stati partecipanti adottano quanto segue:
I
(1) Gli Stati partecipanti sottolineano che il meccanismo della dimensione umana descritto nei paragrafi da 1 a 4 del Capitolo sulla Dimensione Umana della CSCE del Documento Conclusivo di Vienna costituisce una conquista essenziale del processo CSCE, avendo dimostrato la sua validità quale metodo per favorire il rispetto dei diritti dell’uomo, delle libertà fondamentali, della demo- crazia e dello stato di diritto mediante il dialogo e la cooperazione e per contribuire alla soluzione di questioni specifiche pertinenti. Al fine di migliorare ulteriormente l’attuazione degli impegni CSCE nel campo della dimensione umana, essi decidono di accrescere l’efficacia di tale meccani- smo e rafforzarlo e ampliarlo come esposto nei paragrafi seguenti.
(2) Gli Stati partecipanti emendano i paragrafi 42.1 e 42.2 del Documento della Riunione di Cope- naghen nel senso che essi forniranno nel più breve tempo possibile, ma non più tardi di dieci giorni, una risposta scritta alle richieste di informazioni e alle osservazioni rivolte loro per iscritto da altri Stati partecipanti in base al paragrafo 1 del meccanismo della dimensione umana. Riunioni bila- terali, come indicato nel paragrafo 2 del meccanismo della dimensione umana, si terranno nel più breve tempo possibile e di regola entro una settimana dalla data della richiesta.
(3) Un elenco di esperti comprendente fino a tre esperti nominati da ciascuno Stato partecipante sarà creato senza indugio presso l’Istituzione CSCE*. Gli esperti saranno personalità eminenti, preferibilmente dotati di esperienza nel campo della dimensione umana, dai quali ci si potrà atten- dere un imparziale adempimento delle loro funzioni.
Gli esperti saranno nominati per un periodo da tre a sei anni a discrezione dello Stato che li nomina, e nessun esperto sarà in carica per più di due periodi consecutivi. Entro quattro settimane dalla notifica della nomina da parte dell’Istituzione CSCE, qualsiasi Stato partecipante potrà fare riserve su non più di due esperti da nominarsi da parte di un altro Stato partecipante. In tal caso lo Stato che effettua la nomina potrà rivedere, entro quattro settimane dal ricevimento della notifica di tali riserve, la sua decisione e nominare un altro esperto o altri esperti; se esso conferma la nomina originariamente indicata, l’esperto in questione non potrà partecipare ad alcuna procedura per quanto riguarda lo Stato che ha avanzato la riserva senza l’esplicito consenso di quest’ultimo.
L’elenco di esperti entrerà in vigore non appena saranno stati designati 45 esperti.
* Il Consiglio deciderà in merito all’Istituzione
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(4) Uno Stato partecipante potrà sollecitare l’assistenza di una missione CSCE, comprendente fino a tre esperti, per trattare questioni concernenti la dimensione umana della CSCE nel suo territorio o contribuire alla loro soluzione. In tal caso, lo Stato sceglierà la persona o le persone interessate dall’elenco degli esperti. La missione di esperti non comprenderà cittadini o residenti dello Stato partecipante né alcuna delle persone da esso nominate per l’elenco di esperti né più di un citta- dino o di un residente di un qualsiasi singolo Stato.
Quando viene istituita una missione di esperti, lo Stato invitante ne informerà senza indugio l’I- stituzione CSCE, che a sua volta lo notificherà a tutti gli Stati partecipanti. Inoltre le istituzioni CSCE, ove necessario, forniranno un adeguato sostegno a tale missione.
(5) Scopo di una missione di esperti è facilitare la soluzione di una questione o di un problema particolare relativi alla dimensione umana della CSCE. Tale missione potrà raccogliere le infor- mazioni necessarie per svolgere i suoi compiti e, se del caso, usare i suoi buoni uffici e fare opera di mediazione per promuovere il dialogo e la cooperazione fra le parti interessate. Lo Stato inte- ressato concorderà con la missione il mandato specifico e potrà quindi attribuire qualsiasi ulte- riore funzione alla missione di esperti, fra l’altro, inchieste e consulenze al fine di suggerire modi e mezzi atti a facilitare l’osservanza degli impegni CSCE.
(6) Lo Stato invitante coopererà pienamente con la missione di esperti e ne faciliterà i lavori. Accor- derà alla missione tutte le agevolazioni necessarie per l’esercizio indipendente delle sue funzioni. Esso consentirà, fra l’altro, alla missione di entrare senza indugio nel suo territorio per lo svolgi- mento dei suoi compiti, di svolgere dibattiti e spostarsi in esso liberamente, incontrare liberamente funzionari, organizzazioni non governative e qualsiasi gruppo o persona da cui desideri ricevere informazioni. La missione potrà anche ricevere informazioni confidenziali da qualsiasi persona, gruppo od organizzazione su questioni che sta trattando. I membri di tali missioni rispetteranno la natura confidenziale del loro compito.
Gli Stati partecipanti si asterranno da qualsiasi azione contro persone, organizzazioni o istitu- zioni a seguito dei loro contatti con la missione di esperti o di qualsiasi informazione disponibile per il pubblico ad essa trasmessa. Lo Stato invitante accoglierà qualsiasi richiesta di una missione di esperti di essere accompagnata da funzionari di tale Stato se la missione lo ritenga necessario per facilitare i propri lavori o garantire la propria sicurezza.
(7) La missione di esperti presenterà le sue osservazioni allo Stato invitante non appena possibile, preferibilmente entro tre settimane dalla costituzione della missione. Lo Stato invitante trasmet- terà le osservazioni della missione, unitamente ad una descrizione di qualsiasi iniziativa intrapresa o che intenda intraprendere, agli altri Stati partecipanti tramite l’Istituzione CSCE, non più tardi di tre settimane dopo la presentazione delle osservazioni.
Tali osservazioni e qualsiasi commento da parte dello Stato invitante potranno essere discussi dal Comitato di Alti Funzionari, che potrà considerare eventuali azioni successive. Le osservazioni ed i commenti resteranno confidenziali fintanto che non saranno sottoposti all’attenzione degli Alti Funzionari. Prima della diffusione delle osservazioni e di eventuali commenti, nessuna altra mis- sione di esperti potrà essere nominata per la stessa questione.
(8) Inoltre, uno o più Stati partecipanti, avendo applicato i paragrafi 1 o 2 del meccanismo della dimensione umana, potranno richiedere che l’Istituzione CSCE domandi ad un altro Stato par- tecipante se acconsenta di invitare una missione di esperti per trattare una particolare questione chiaramente definita nel suo territorio relativa alla dimensione umana della CSCE. Se l’altro Stato
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partecipante acconsente di invitare una missione di esperti per lo scopo indicato, si applicherà la procedura enunciata nei paragrafi 4-7.
(9) Se uno Stato partecipante (a) ha rivolto una richiesta in base al paragrafo 8 ad un altro Stato partecipante e quello Stato non ha costituito la missione di esperti entro un periodo di dieci giorni dopo che è stata rivolta la richiesta, o (b) giudica che la questione di cui trattasi non sia stata risolta come risultato di una missione di esperti, esso potrà, con l’appoggio di almeno altri cinque Stati partecipanti, avviare la costituzione di una missione comprendente fino a tre relatori CSCE. Tale decisione sarà trasmessa all’Istituzione CSCE che ne darà notifica senza indugio allo Stato inte- ressato nonché a tutti gli altri Stati partecipanti.
(10) Lo Stato o gli Stati richiedenti potranno nominare dall’elenco di esperti una persona che funga da relatore CSCE. Lo Stato che ha ricevuto la richiesta potrà, se lo desidera, nominare un altro relatore dall’elenco di esperti entro sei giorni dalla notifica, da parte dell’Istituzione CSCE, della nomina del relatore. In tal caso i due relatori designati, che non possono essere cittadini o resi- denti, né persone designate per l’elenco di esperti da uno qualsiasi degli Stati interessati, nomi- neranno di comune accordo e senza indugio un terzo relatore dall’elenco di esperti. Qualora non venga raggiunto un accordo entro otto giorni, un terzo relatore, che non sarà un cittadino o un residente né una persona designata per l’elenco di esperti da un qualsiasi Stato interessato, sarà nominato dall’elenco di esperti dal funzionario di rango più elevato dell’organo CSCE designato dal Consiglio. Le disposizioni della seconda parte del paragrafo 4 e l’intero paragrafo 6 si appli- cano anche ad una missione di relatori.
(11) Il relatore (i relatori) CSCE stabilirà (stabiliranno) i fatti, riferirà (riferiranno) in merito e potrà (potranno) avanzare raccomandazioni su eventuali soluzioni alla questione sollevata. Il rapporto del relatore (dei relatori), contenente osservazioni su fatti, proposte o raccomandazioni, sarà pre- sentato allo Stato o agli Stati partecipanti interessati e, a meno che tutti gli Stati interessati non concordino altrimenti, all’Istituzione CSCE non più tardi di tre settimane dalla nomina dell’ul- timo relatore. Lo Stato cui è stata rivolta la richiesta sottoporrà qualsiasi osservazione sul rapporto all’Istituzione CSCE, a meno che tutti gli Stati interessati non abbiano altrimenti concordato, non più tardi di tre settimane dalla presentazione del rapporto.
L’Istituzione CSCE trasmetterà senza indugio a tutti gli Stati partecipanti il rapporto, nonché qual- siasi osservazione dello Stato cui è stata rivolta la richiesta o di qualsiasi altro Stato partecipante. Il rapporto potrà essere posto all’ordine del giorno della successiva riunione regolare del Comi- tato di Alti Funzionari, che potrà decidere su qualsiasi eventuale azione successiva. Il rapporto resterà confidenziale fino a tale riunione del Comitato. Prima della diffusione del rapporto non potrà essere nominato nessun altro relatore per la stessa questione.
(12) Uno Stato partecipante, se ritiene che in un altro Stato partecipante sia sorta una minaccia particolarmente grave all’attuazione delle disposizioni della dimensione umana della CSCE, potrà, con l’appoggio di almeno nove altri Stati partecipanti, avviare la procedura enunciata nel para- grafo 10. Si applicheranno le disposizioni di cui al paragrafo 11.
(13) Su richiesta di un qualsiasi Stato partecipante, il Comitato di Alti Funzionari potrà decidere di costituire una missione di esperti o di relatori CSCE. In tal caso il Comitato determinerà anche se applicare le pertinenti disposizioni dei paragrafi precedenti.
(14) Lo Stato o gli Stati partecipanti che hanno richiesto la costituzione di una missione di esperti o relatori sosterranno le spese di tale missione. In caso di nomina di esperti o relatori a seguito di una decisione del Comitato di Alti Funzionari, le spese saranno sostenute dagli Stati partecipanti
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conformemente alla consueta scala di ripartizione delle spese. Tali procedure saranno riesaminate dalla Riunione di Helsinki sui Seguiti della CSCE.
(15) Nulla di quanto sopra pregiudicherà in alcun modo il diritto degli Stati partecipanti di sol- levare nell’ambito del processo CSCE una qualsiasi questione relativa all’attuazione di qualsiasi impegno CSCE, incluso qualsiasi impegno relativo alla dimensione umana della CSCE.
(16) Gli Stati partecipanti, allorché considerano se invocare le procedure di cui ai paragrafi 9 e 10 o 12 riguardanti un caso individuale, dovrebbero prestare debita attenzione, qualora tale caso indi- viduale risulti già sub judice in un procedimento giudiziario internazionale.
Qualsiasi riferimento al Comitato di Alti Funzionari nel presente documento è soggetto alla deci- sione di tale Comitato e del Consiglio.
II
(17) Gli Stati partecipanti (17.1) – condannano senza riserve le forze che cercano di esautorare un governo rappresentativo di uno Stato partecipante contro la volontà del popolo espressa mediante elezioni libere e genuine e in contrasto con l’ordine costituzionale legalmente stabilito; (17.2) – appoggeranno energicamente, conformemente alla Carta delle Nazioni Unite, nel caso del rovesciamento o del tentato rovesciamento con mezzi antidemocratici di un governo legittima- mente eletto di uno Stato partecipante, gli organi legittimi di tale Stato che sostengono i diritti dell’uomo, la democrazia e lo stato di diritto, riconoscendo il loro impegno comune di contrastare qualsiasi tentativo volto a soffocare tali valori fondamentali; (17.3) – riconoscono l’esigenza di compiere ulteriori sforzi pacifici concernenti i diritti dell’uomo, la democrazia e lo stato di diritto nel contesto della sicurezza e della cooperazione in Europa, indi- vidualmente e collettivamente, per rendere i progressi democratici irreversibili e prevenire qual- siasi involuzione rispetto alle norme enunciate nei principi e nelle disposizioni dell’Atto Finale, del Documento Conclusivo di Vienna, del Documento della Riunione di Copenaghen, della Carta di Parigi per una Nuova Europa e del presente documento.
(18) Stati partecipanti ricordano il loro impegno per lo stato di diritto enunciato nel Documento della Riunione di Copenaghen e ribadiscono la loro determinazione di appoggiare e far progre- dire i principi di giustizia che costituiscono la base dello stato di diritto. In particolare, essi riaf- fermano di nuovo che la democrazia è un elemento inerente allo stato di diritto e che il pluralismo è importante per quanto riguarda le organizzazioni politiche. (18.1) – La legislazione sarà formulata ed adottata come risultato di un processo trasparente che rispecchi la volontà del popolo, sia direttamente che attraverso i suoi rappresentanti eletti. (18.2) – Ciascuno disporrà di mezzi efficaci di ricorso contro le decisioni amministrative, in modo da garantire il rispetto dei diritti fondamentali e l’applicazione integrale della legge. (18.3) – Allo stesso fine vi saranno mezzi efficaci di ricorso contro i regolamenti amministrativi per le persone che siano destinatarie. (18.4) – Gli Stati partecipanti si adopereranno per prevedere la revisione giudiziaria di tali rego- lamenti e decisioni.
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(19) Gli Stati partecipanti (19.1) – rispetteranno le norme internazionalmente riconosciute che riguardano l’indipendenza dei giudici e della professione forense e l’imparzialità nel funzionamento dei servizi giudiziari pubblici, inclusi, fra l’altro, la Dichiarazione Universale dei Diritti dell’Uomo e il Patto Interna- zionale sui Diritti Civili e Politici; (19.2) – nell’attuare le norme e gli impegni pertinenti, assicureranno che l’indipendenza della magi- stratura sia garantita e sancita nella Costituzione o nella legislazione del paese e sia rispettata nella pratica, prestando particolare attenzione ai Principi Fondamentali sull’Indipendenza della Magi- stratura che, fra l’altro, prevedono di: (i) vietare influenze improprie sui giudici; (ii) impedire la revisione delle decisioni giudiziarie da parte delle autorità amministrative, tranne che per i diritti delle competenti autorità di mitigare o commutare le sentenze imposte dai giu- dici, conformemente alla legge; (iii) tutelare la libertà di espressione e di associazione della magistratura, salve unicamente le restrizioni che sono compatibili con le sue funzioni; (iv) assicurare che i giudici abbiano un’adeguata qualifica e formazione e siano scelti su una base non discriminatoria; (v) garantire la continuità della carica e appropriate condizioni di servizio, eventualmente anche per quanto riguarda la questione della promozione dei giudici; (vi) rispettare le condizioni dell’immunità; (vii) assicurare che i provvedimenti disciplinari, la sospensione e la rimozione dei giudici siano determinati conformemente alla legge.
(20) Per la promozione dell’indipendenza della magistratura, gli Stati partecipanti (20.1) – riconosceranno l’importante funzione che le associazioni nazionali ed internazionali dei giudici e dei legali possono svolgere per rafforzare il rispetto dell’indipendenza dei loro membri e per provvedere all’istruzione e alla formazione sul ruolo della magistratura e della professione forense nella società; (20.2) – promuoveranno e faciliteranno il dialogo, gli scambi e la cooperazione fra le associazioni nazionali ed altri gruppi interessati a garantire il rispetto dell’indipendenza della magistratura e la tutela dei legali; (20.3) – coopereranno fra loro, fra l’altro, mediante il dialogo, i contatti e gli scambi al fine di indi- viduare l’esistenza di settori problematici, per quanto riguarda la tutela dell’indipendenza dei giu- dici e della professione forense, e di sviluppare modi e mezzi per affrontare e risolvere tali problemi; (20.4) – coopereranno su una base di continuità in settori quali l’istruzione e la formazione dei giudici e della professione forense, nonché la preparazione e la promulgazione della legislazione intesa a consolidare il rispetto della loro indipendenza e il funzionamento imparziale del servi- zio giudiziario pubblico.
(21) Gli Stati partecipanti (21.1) – adotteranno tutte le misure necessarie per garantire che il personale responsabile dell’ap- plicazione della legge, nel fare rispettare l’ordine pubblico, agisca nel pubblico interesse, risponda ad una esigenza specifica e persegua un obiettivo legittimo; nonché usi modi e mezzi commisurati alle circostanze, che non eccedano le esigenze dell’applicazione della legge;
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(21.2) – assicureranno che gli interventi destinati a far rispettare la legge siano soggetti al controllo giudiziario, che il personale responsabile dell’applicazione della legge sia tenuto responsabile di tali interventi e che un debito risarcimento possa essere richiesto, conformemente alla legislazione nazionale, dalle vittime di interventi che risultassero effettuati in violazione dei suddetti impegni.
(22) Gli Stati partecipanti adotteranno misure appropriate per assicurare che l’istruzione e le infor- mazioni riguardanti la proibizione dell’uso di forza eccessiva da parte del personale responsabile dell’applicazione della legge nonché i pertinenti codici di condotta internazionali e nazionali siano inclusi nella formazione di tale personale.
(23) Gli Stati partecipanti tratteranno tutte le persone private della loro libertà con umanità e con rispetto della dignità inerente alla persona umana e rispetteranno le norme internazionalmente riconosciute relative all’amministrazione della giustizia e ai diritti umani dei detenuti. (23.1) Gli Stati partecipanti assicureranno che (i) nessuno sia privato della libertà eccetto che per i motivi e conformemente alle procedure pre- viste dalla legge; (ii) chiunque sia arrestato, venga informato prontamente in una lingua da lui conosciuta delle ragioni del suo arresto, e venga informato di qualsiasi imputazione ascrittagli; (iii) qualsiasi persona che sia stata privata della libertà venga prontamente informata dei suoi diritti in base alla legislazione nazionale; (iv) qualsiasi persona arrestata o detenuta abbia il diritto di comparire prontamente dinnanzi a un giudice o altro funzionario autorizzato dalla legge a determinare la legittimità dell’arresto o della detenzione, e sia rilasciata senza indugio in caso di illegittimità; (v) chiunque sia imputato di un reato abbia il diritto di difendersi personalmente o tramite assi- stenza legale di sua scelta o, se non dispone di sufficienti mezzi per il pagamento dell’assistenza legale, di usufruirne gratuitamente quando l’interesse della giustizia lo richiede; (vi) qualsiasi persona arrestata o detenuta, abbia il diritto, senza indebito ritardo, di notificare o di richiedere all’autorità competente di notificare a persone appropriate di sua scelta l’arresto, la detenzione, l’incarcerazione e il luogo ove si trova; qualsiasi restrizione all’esercizio di tale diritto sarà prescritta dalla legge e conforme alle norme internazionali; (vii) siano adottate misure efficaci, se ciò non sia già stato fatto, per assicurare che gli organi responsabili dell’applicazione della legge non approfittino della situazione di una persona dete- nuta o incarcerata al fine di obbligarla a confessare, o ad autoincriminarsi in altro modo, o a costringerla a testimoniare contro qualsiasi altra persona; (viii) la durata di qualsiasi interrogatorio e gli intervalli fra di essi siano registrati e certificati, conformemente alla legislazione nazionale; (ix) una persona detenuta o il suo consulente legale abbiano il diritto di presentare una richiesta o un ricorso per quanto riguarda il suo trattamento, in particolare quando siano state applicate torture o altri trattamenti crudeli, inumani o degradanti, alle autorità responsabili dell’ammi- nistrazione del luogo di detenzione e alle autorità superiori, e, quando necessario, alle autorità competenti investite del potere di revisione o evasione dei ricorsi; (x) tale richiesta o ricorso siano prontamente evasi e sia data loro risposta senza indebiti ritardi; se la richiesta o il ricorso sono rigettati o in caso di eccessivo ritardo, il ricorrente avrà il diritto di sottoporre il caso ad un’autorità giudiziaria o ad un’altra autorità; il fatto di aver presentato una richiesta o un ricorso non pregiudicherà né la persona detenuta o incarcerata né il ricor- rente;
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(xi) chiunque sia stato vittima di un arresto o di una detenzione illegittimi abbia il diritto di adire le vie legali per un risarcimento. (23.2) Gli Stati partecipanti (i) si adopereranno per adottare misure, se necessario, intese a migliorare le condizioni delle persone detenute o incarcerate; (ii) presteranno particolare attenzione alla questione delle alternative all’incarcerazione.
(24) Gli Stati partecipanti riconfermano il diritto alla tutela della vita privata e familiare, del domi- cilio, della corrispondenza e delle comunicazioni elettroniche. Al fine di evitare qualsiasi inge- renza abusiva o arbitraria dello Stato nella sfera dell’individuo, che sarebbe pregiudizievole per qualsiasi società democratica, l’esercizio di tale diritto sarà soggetto soltanto alle restrizioni pre- scritte dalla legge e compatibili con le norme internazionalmente riconosciute relative ai diritti dell’uomo. In particolare, gli Stati partecipanti assicureranno che perquisizioni e sequestri di per- sone e di beni mobili e immobili privati abbiano luogo soltanto conformemente a norme che siano giuridicamente applicabili.
(25) Gli Stati partecipanti (25.1) – assicureranno che le loro forze militari e paramilitari, i servizi di sicurezza interna e i servizi segreti, e la polizia siano soggetti alla direzione e al controllo effettivi delle autorità civili appropriate; (25.2) – manterranno e, ove necessario, rafforzeranno il controllo del potere esecutivo sull’im- piego delle forze militari e paramilitari nonché sulle attività dei servizi di sicurezza interna e dei servizi segreti e della polizia; (25.3) – intraprenderanno appropriate iniziative per creare, qualora non esistano ancora, e man- terranno procedure efficaci per la supervisione legislativa di tutte queste forze, servizi e attività.
(26) Gli Stati partecipanti riaffermano il diritto alla libertà di espressione, ivi compreso il diritto alla comunicazione e il diritto dei mezzi di informazione di raccogliere, riferire e diffondere informa- zioni, notizie e opinioni. Qualsiasi restrizione all’esercizio di tale diritto sarà prescritta dalla legge e conforme alle norme internazionali. Essi inoltre riconoscono che mezzi di informazione indipen- denti sono essenziali per una società libera e aperta e per sistemi governativi responsabili e sono particolarmente importanti per la salvaguardia dei diritti dell’uomo e delle libertà fondamentali. (26.1) Essi considerano che i mezzi di informazione scritta e radioteletrasmessa nei loro territori debbano godere di un accesso senza restrizioni a servizi stampa e informazioni esteri. Il pubblico godrà di analoga libertà di ricevere e comunicare informazioni ed idee senza interferenze da parte delle autorità pubbliche indipendentemente dalle frontiere, anche attraverso pubblicazioni e tra- smissioni radiotelevisive estere. Qualsiasi restrizione all’esercizio di tale diritto sarà prescritta dalla legge e conforme alle norme internazionali. (26.2) Gli Stati partecipanti non faranno discriminazioni nei confronti dei mezzi di informazione indipendenti per quanto riguarda la concessione dell’accesso alle informazioni, ai materiali e ai servizi.
(27) Gli Stati partecipanti (27.1) – esprimono la loro intenzione di cooperare nei campi del diritto costituzionale, ammini- strativo, commerciale, civile e del benessere sociale e in altri settori pertinenti, al fine di svilup- pare, in particolare negli Stati ove questi ancora non esistano, sistemi legali basati sul rispetto dei diritti dell’uomo, sullo stato di diritto e sulla democrazia.
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(27.2) – a tal fine, prevedono la continuazione e il rafforzamento della cooperazione giuridica e amministrativa bilaterale e multilaterale, fra l’altro, nei seguenti campi: • sviluppo di un efficiente sistema amministrativo; • assistenza nella formulazione di leggi e regolamenti; • formazione del personale amministrativo e forense; • scambio di opere e periodici giuridici.
(28) Gli Stati partecipanti considerano importante tutelare i diritti dell’uomo e le libertà fondamen- tali in uno stato di emergenza pubblica, tener conto delle pertinenti disposizioni del Documento della Riunione di Copenaghen, e rispettare le convenzioni internazionali di cui essi sono parti. (28.1) Gli Stati partecipanti riaffermano che uno stato di emergenza pubblica è giustificato solo da circostanze estremamente eccezionali e gravi, compatibili con gli obblighi internazionali e gli impegni CSCE dello Stato. Uno stato di pubblica emergenza non potrà essere utilizzato per sov- vertire l’ordine democratico costituzionale, né essere diretto alla soppressione dei diritti dell’uomo e delle libertà fondamentali internazionalmente riconosciuti. Se l’uso della forza non può essere evitato, esso deve essere ragionevole e limitato nella misura massima possibile. (28.2) Uno stato di emergenza pubblica può essere proclamato soltanto da un legittimo organo costituzionale, debitamente autorizzato a farlo. Nei casi in cui la decisione sull’imposizione dello stato di emergenza pubblica può essere presa per legge dagli organi del potere esecutivo, tale deci- sione dovrebbe essere soggetta nel più breve tempo possibile all’approvazione o al controllo da parte del potere legislativo. (28.3) La decisione sull’imposizione di uno stato di emergenza pubblica sarà proclamata ufficial- mente, pubblicamente e conformemente alle procedure stabilite dalla legge. La decisione, ove pos- sibile, indicherà i limiti territoriali di uno stato di emergenza pubblica. Lo Stato interessato metterà a disposizione dei suoi cittadini, senza indugio, informazioni sulle misure che sono state prese. Lo stato di emergenza sarà abrogato il più presto possibile e non resterà in vigore più a lungo di quanto strettamente richiesto dalle esigenze della situazione. (28.4) L’imposizione de facto o la continuazione di uno stato di emergenza pubblica, non conformi alle disposizioni previste dalla legge, sono inammissibili. (28.5) Gli Stati partecipanti si adopereranno per assicurare che il normale funzionamento degli organi legislativi sia garantito nella maggior misura possibile durante uno stato di emergenza pubblica. (28.6) Gli Stati partecipanti confermano che qualsiasi deroga agli obblighi relativi ai diritti dell’uomo e alle libertà fondamentali durante uno stato di emergenza pubblica deve restare strettamente nei limiti previsti dal diritto internazionale, in particolare dai pertinenti strumenti internazionali ai quali essi sono vincolati, specialmente per quanto riguarda i diritti ai quali non si può derogare. (28.7) Gli Stati partecipanti si adopereranno per astenersi da deroghe agli obblighi per i quali, con- formemente alle convenzioni internazionali di cui essi sono parti, è possibile la deroga in uno stato di emergenza pubblica. Misure che derogano a tali obblighi devono essere adottate in stretta con- formità con i requisiti procedurali stabiliti in tali strumenti. Tali misure non andranno oltre né resteranno in vigore più a lungo di quanto strettamente richiesto dalle esigenze della situazione; esse sono di natura eccezionale e dovrebbero essere interpretate e applicate con limitazione. Tali misure non saranno discriminatorie per i soli motivi di razza, colore, sesso, lingua, religione, ori- gine sociale o appartenenza ad una minoranza. (28.8) Gli Stati partecipanti si adopereranno per assicurare che le garanzie giuridiche necessarie a mantenere lo stato di diritto restino in vigore durante uno stato di emergenza pubblica. Essi si
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adopereranno per prevedere nella loro legislazione il controllo dei regolamenti relativi allo stato di emergenza pubblica nonché l’applicazione di tali regolamenti. (28.9) Gli Stati partecipanti si adopereranno per mantenere la libertà di espressione e la libertà di informazione, compatibilmente con i loro obblighi e impegni internazionali, al fine di consen- tire un dibattito pubblico sull’osservanza dei diritti dell’uomo e delle libertà fondamentali non- ché sull’abrogazione dello stato di emergenza pubblica. Conformemente alle norme internazionali riguardanti la libertà di espressione, essi non adotteranno misure miranti ad impedire ai giornali- sti l’esercizio legittimo della loro professione tranne quelle rigorosamente richieste dalle esigenze della situazione. (28.10) Quando uno stato di emergenza pubblica è stato dichiarato o abrogato in uno Stato par- tecipante, lo Stato interessato comunicherà immediatamente all’Istituzione CSCE* tale decisione, nonché qualsiasi deroga agli obblighi internazionali dello Stato nel campo dei diritti dell’uomo. L’Istituzione informerà gli altri Stati partecipanti senza indugio.
(29) Gli Stati partecipanti, riconoscendo il loro comune interesse per la promozione di contatti e lo scambio di informazioni fra Ombudsmen e altre istituzioni cui siano attribuite analoghe funzioni di indagare sui reclami individuali di cittadini contro le autorità pubbliche, rilevano con favore un’offerta della Spagna di ospitare una riunione di Ombudsmen.
(30) Gli Stati partecipanti suggeriscono che gli appropriati fori CSCE considerino l’ampliamento delle funzioni dell’Ufficio per le Libere Elezioni per consentirgli di contribuire al rafforzamento delle istituzioni democratiche negli Stati partecipanti.
(31) Gli Stati partecipanti riconoscono la vasta esperienza e le conoscenze del Consiglio d’Europa nel campo dei diritti dell’uomo. Essi accolgono con favore il suo contributo al consolidamento della democrazia in Europa, inclusa la sua disponibilità a mettere la propria esperienza a dispo- sizione della CSCE.
III
(32) Gli Stati partecipanti riaffermano il loro durevole impegno per i principi e le disposizioni dell’Atto Finale, del Documento Conclusivo di Vienna e di altri pertinenti documenti CSCE nei quali essi si sono impegnati, fra l’altro, a rispettare i diritti dell’uomo e le libertà fondamentali e ad assicurare che questi siano garantiti per tutti senza distinzioni di alcun genere.
(33) Gli Stati partecipanti elimineranno tutte le restrizioni giuridiche e di altro genere, concer- nenti gli spostamenti nei loro territori per i propri cittadini e per gli stranieri, e quelle concernenti la residenza per coloro che hanno il diritto alla residenza permanente, eccetto le restrizioni che possano essere necessarie e ufficialmente dichiarate per interessi militari, di sicurezza, ecologici ed altri legittimi interessi dello stato, conformemente alla loro legislazione nazionale, agli impe- gni CSCE e agli obblighi internazionali nel campo dei diritti dell’uomo. Gli Stati partecipanti si impegnano a mantenere tali restrizioni al minimo.
(34) Gli Stati partecipanti adotteranno, ove appropriato, tutte le misure praticamente possibili per tutelare i giornalisti impegnati in missioni professionali rischiose, in particolare in caso di conflitti armati, e coopereranno a tal fine. Tali misure comprenderanno la ricerca dei giornalisti dispersi, l’ac- certamento della loro sorte, un’appropriata assistenza e l’agevolazione del ritorno alle loro famiglie.
* Il Consiglio deciderà in merito all’Istituzione.
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(35) Gli Stati partecipanti riaffermano che garantire la libertà della creazione artistica e preservare il retaggio culturale fanno parte della dimensione umana della CSCE. Essi considerano che l’in- dipendenza della vita intellettuale e culturale è cruciale per il mantenimento delle società libere e delle istituzioni democratiche. Essi attueranno i loro impegni nel campo culturale, come enun- ciato nel Documento del Simposio sul Retaggio Culturale di Cracovia ed esprimono l’opinione che le questioni culturali, incluse la libertà culturale, la creatività e la cooperazione dovrebbero essere ulteriormente considerate in seno alla CSCE.
(36) Gli Stati partecipanti ricordano il loro impegno assunto nel Documento Conclusivo di Vienna di mantenere allo studio la questione della pena capitale e riaffermano i loro impegni assunti nel Documento della Riunione di Copenaghen di scambiarsi informazioni sulla questione dell’aboli- zione della pena capitale e di rendere accessibili all’opinione pubblica le informazioni riguardanti il ricorso alla pena capitale. (36.1) Essi rilevano (i) che il Secondo Protocollo Opzionale al Patto Internazionale sui Diritti Civili e Politici mirante all’abolizione della pena capitale è entrato in vigore l’11 luglio 1991; (ii) che alcuni Stati partecipanti hanno recentemente preso iniziative per l’abolizione della pena capitale; (iii) le attività di numerose organizzazioni non governative concernenti la questione della pena capitale.
(37) Gli Stati partecipanti confermano le disposizioni e gli impegni assunti in tutti i documenti CSCE, in particolare il Documento della Riunione di Copenaghen della Conferenza sulla Dimen- sione Umana della CSCE, concernenti questioni relative alle minoranze nazionali e ai diritti delle persone che vi appartengono, e il rapporto della Riunione CSCE di Esperti sulle Minoranze Nazio- nali di Ginevra, e ne chiedono la piena e pronta attuazione. Essi ritengono che, in particolare, l’uti- lizzazione dei nuovi e più ampi meccanismi e procedure CSCE contribuirà a favorire la tutela e la promozione dei diritti delle persone appartenenti alle minoranze nazionali.
(38) Gli Stati partecipanti riconoscono l’esigenza di assicurare che vengano rispettati i diritti dei lavoratori migranti e delle loro famiglie legittimamente residenti negli Stati partecipanti e sotto- lineano il loro diritto di esprimere liberamente le loro caratteristiche etniche, culturali, religiose e linguistiche. L’esercizio di tali diritti può essere soggetto alle restrizioni prescritte dalla legge e conformi alle norme internazionali.
(38.1) Essi condannano tutti gli atti di discriminazione per motivi di razza, colore, origine etnica, di intolleranza e xenofobia contro i lavoratori migranti. Essi adotteranno, conformemente alla legislazione nazionale e agli obblighi internazionali, misure efficaci per promuovere la tolleranza, la comprensione, pari opportunità e il rispetto dei fondamentali diritti umani dei lavoratori migranti e adotteranno, qualora non l’abbiano già fatto, misure che vietino atti che costituiscono incitamento alla violenza sulla base di discriminazione, ostilità od odio di carattere nazionale, razziale, etnico o religioso. (38.2) Essi adotteranno misure appropriate che consentano ai lavoratori migranti di partecipare alla vita della società degli Stati partecipanti. (38.3) Essi rilevano che le questioni riguardanti la dimensione umana dei lavoratori migranti resi- denti nel loro territorio potrebbero, come qualsiasi altra questione relativa alla dimensione umana, essere sollevate nel quadro del meccanismo della dimensione umana.
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(38.4) Essi raccomandano che la CSCE consideri nei suoi futuri lavori sulla dimensione umana mezzi appropriati per svolgere dibattiti focalizzati su tutte le questioni relative ai lavoratori migranti, inclusa, fra l’altro, la familiarizzazione con la lingua e la vita sociale del paese in questione.
(39) Gli Stati partecipanti (39.1) – accresceranno la loro capacità di reazione e coopereranno pienamente per consentire che le operazioni di soccorso umanitario vengano intraprese con rapidità ed efficacia; (39.2) – intraprenderanno tutte le iniziative necessarie a facilitare per tali operazioni di soccorso un accesso rapido e senza ostacoli alle zone colpite; (39.3) – adotteranno i provvedimenti necessari per lo svolgimento di tali operazioni di soccorso.
(40) Stati partecipanti riconoscono che la parità piena e reale fra l’uomo e la donna è un aspetto fondamentale di una società giusta e democratica basata sullo stato di diritto. Essi riconoscono che la piena evoluzione della società e il benessere di tutti i suoi membri richiedono pari opportunità per una partecipazione piena e paritaria dell’uomo e della donna. In tale contesto essi (40.1) – assicureranno che tutti gli impegni CSCE relativi alla tutela e alla promozione dei diritti dell’uomo e delle libertà fondamentali vengano attuati pienamente e senza discriminazione per quanto riguarda il sesso; (40.2) – rispetteranno pienamente la Convenzione sull’Eliminazione di tutte le forme di Discri- minazione Contro la Donna (CEDAW), se ne sono parti e, qualora non l’abbiano già fatto, pren- deranno in considerazione la ratifica o l’adesione a tale Convenzione; gli Stati che hanno ratificato o aderito a tale Convenzione con riserve prenderanno in considerazione la loro revoca; (40.3) – adempiranno in maniera efficace agli obblighi assunti in strumenti internazionali di cui siano parti e adotteranno misure appropriate per attuare le Strategie Future delle Nazioni Unite per il Progresso della Donna della Conferenza di Nairobi (FLS); (40.4) – affermano che è loro obiettivo conseguire non solo de jure, ma anche de facto pari oppor- tunità fra l’uomo e la donna e promuovere misure efficaci a tal fine; (40.5) – costituiranno o rafforzeranno gli strumenti nazionali, come appropriato, per il progresso della donna al fine di assicurare che programmi e politiche siano valutati rispetto al loro impatto sulla donna; (40.6) – incoraggeranno misure per assicurare in maniera efficace la piena opportunità econo- mica della donna, incluse politiche e prassi occupazionali non discriminatorie, parità di accesso all’istruzione e alla formazione, e misure intese ad agevolare i lavoratori e le lavoratrici nell’as- solvimento delle loro responsabilità congiunte occupazionali e familiari; e cercheranno di assicu- rare che qualsiasi politica o programma di adeguamento strutturale non abbia un effetto negativo discriminatorio sulla donna; (40.7) – cercheranno di eliminare tutte le forme di violenza contro la donna, e tutte le forme di tratta delle donne e di sfruttamento della prostituzione femminile anche assicurando adeguati divieti legislativi contro tali atti e altre misure appropriate; (40.8) – incoraggeranno e promuoveranno uguali opportunità per la piena partecipazione della donna a tutti gli aspetti della vita politica e pubblica, ai processi decisionali e alla cooperazione internazionale in generale; (40.9) – riconosceranno il ruolo vitale svolto dalla donna e dalle organizzazioni femminili nelle attività nazionali e internazionali intese a promuovere e rafforzare i diritti della donna fornendo, fra l’altro, servizi e appoggio diretti alla donna e incoraggiando una cooperazione significativa fra i governi e tali organizzazioni al fine di compiere progressi per la parità della donna;
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(40.10) – riconosceranno il valido contributo della donna a tutti gli aspetti della vita politica, cul- turale, sociale ed economica e promuoveranno un’ampia comprensione di tali contributi, inclusi quelli apportati in settori informali e non retribuiti; (40.11) – adotteranno misure per agevolare l’accesso alle informazioni riguardanti le donne e i diritti della donna in base al diritto internazionale e alla legislazione nazionale; (40.12) – svilupperanno politiche educative, compatibili con i loro sistemi costituzionali, per appog- giare la partecipazione della donna in tutti i settori dello studio e del lavoro, inclusi settori non tradizionali, e incoraggeranno e promuoveranno una maggiore comprensione delle questioni rela- tive alla parità fra l’uomo e la donna; (40.13) – assicureranno la raccolta e l’analisi di dati per valutare adeguatamente, controllare e miglio- rare la situazione della donna; tali dati non dovrebbero contenere alcuna informazione personale.
(41) Gli Stati partecipanti decidono di (41.1) – assicurare la tutela dei diritti dell’uomo per le persone invalide; (41.2) – prendere iniziative per assicurare a tali persone pari opportunità di partecipare piena- mente alla vita della loro società; (41.3) – promuovere l’appropriata partecipazione di tali persone al processo decisionale nei campi che le riguardano; (41.4) – incoraggiare i servizi e la formazione di assistenti sociali per la riabilitazione professio- nale e sociale degli invalidi; (41.5) – incoraggiare condizioni favorevoli per l’accesso degli invalidi agli edifici e ai servizi pub- blici, alle abitazioni, ai mezzi di trasporto, alle attività culturali e ricreative.
(42) Gli Stati partecipanti (42.1) – affermano che l’istruzione nel campo dei diritti dell’uomo è fondamentale e che per- tanto è essenziale che i loro cittadini siano istruiti sui diritti dell’uomo e sulle libertà fondamen- tali e sull’impegno di rispettare tali diritti e libertà nella legislazione nazionale e negli strumenti internazionali di cui essi possano essere parti; (42.2) – riconoscono che un’efficace istruzione nel campo dei diritti dell’uomo contribuisce a com- battere l’intolleranza, i pregiudizi e l’odio religiosi, razziali ed etnici, anche contro i Rom (zingari), la xenofobia e l’antisemitismo; (42.3) – incoraggeranno le loro competenti autorità responsabili dei programmi educativi ad ela- borare efficaci programmi di studio e corsi relativi ai diritti dell’uomo per studenti a tutti i livelli, in particolare studenti delle facoltà di legge, di scienze amministrative e sociali, nonché per coloro che frequentano le scuole militari, della polizia e della pubblica amministrazione; (42.4) – metteranno a disposizione dei loro educatori le informazioni sulle disposizioni della dimensione umana della CSCE; (42.5) – incoraggeranno le organizzazioni e le istituzioni educative a cooperare alla compilazione e allo scambio di programmi sui diritti dell’uomo sia a livello nazionale che internazionale; (42.6) – cercheranno di assicurare che le attività intraprese al fine di promuovere l’istruzione nel campo dei diritti dell’uomo nel senso più vasto tengano conto dell’esperienza, dei programmi e delle forme di cooperazione nell’ambito degli esistenti organismi internazionali governativi e non governativi, quali le Nazioni Unite e il Consiglio d’Europa.
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(43) Gli Stati partecipanti riconosceranno come organizzazioni non governative quelle che si dichia- rano tali, secondo le vigenti procedure nazionali, e faciliteranno nei loro territori a tali organizza- zioni non governative il libero svolgimento delle loro attività; e a tal fine essi (43.1) – si adopereranno per ricercare i modi di rafforzare ulteriormente le modalità per contatti e scambi di opinioni fra le organizzazioni non governative e le competenti autorità nazionali e le istituzioni governative; (43.2) – si adopereranno per facilitare le visite nei loro paesi da parte di organizzazioni non gover- native provenienti da un qualsiasi Stato partecipante al fine di osservare la situazione per quanto concerne la dimensione umana; (43.3) – accolgono con favore le attività delle organizzazioni non governative, inclusa, fra l’altro, quella intesa a osservare l’attuazione degli impegni CSCE nel campo della dimensione umana; (43.4) – consentiranno alle organizzazioni non governative, considerata la loro importante fun- zione nell’ambito della dimensione umana della CSCE, di comunicare le loro opinioni ai propri governi ed ai governi di tutti gli altri Stati partecipanti nel corso dei futuri lavori sulla dimen- sione umana della CSCE. (43.5) Durante i futuri lavori della CSCE sulla Dimensione Umana, le organizzazioni non gover- native avranno l’opportunità di distribuire a tutte le delegazioni contributi scritti su questioni spe- cifiche della dimensione umana della CSCE. (43.6) Il Segretariato CSCE, nei limiti delle risorse a sua disposizione, risponderà favorevolmente alle richieste di documenti non riservati della CSCE da parte di organizzazioni non governative. (43.7) Le direttive per la partecipazione delle organizzazioni non governative ai futuri lavori della CSCE sulla dimensione umana potrebbero, fra l’altro, includere quanto segue: (i) alle organizzazioni non governative dovrebbero essere riservati nelle sedi delle riunioni o nelle loro immediate vicinanze uno spazio comune per loro uso nonché un ragionevole accesso, a loro spese, ai servizi tecnici, inclusi fotocopiatrici, telefoni e telefax, (ii) le organizzazioni non governative dovrebbero essere tempestivamente informate e messe al corrente sulle procedure di trasparenza e di accesso, (iii) le delegazioni presenti alle riunioni CSCE dovrebbero essere ulteriormente incoraggiate ad includere o invitare membri di organizzazioni non governative.
Gli Stati partecipanti raccomandano che la Riunione sui Seguiti di Helsinki preveda di definire tali direttive. (…)
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Praga 1992
(…)
III
Dimensione umana
6. I Ministri hanno concordato che la verifica e la promozione dei progressi compiuti nel campo della dimensione umana rimangono una funzione chiave della CSCE.
7. Questioni relative alla dimensione umana saranno pertanto prese in considerazione dal Consi- glio o dal Comitato di Alti Funzionari ogni qualvolta necessario.
8. Inoltre il Comitato di Alti Funzionari potrà anche decidere riunioni di breve durata per trattare questioni chiaramente definite. I risultati di tali riunioni saranno sottoposti al Consiglio tramite il Comitato di Alti Funzionari per esame o decisioni, come necessario.
9. Al fine di ampliare la cooperazione pratica fra gli Stati partecipanti nel campo della dimensione umana, i Ministri hanno deciso di attribuire funzioni supplementari all’Ufficio per le Libere Elezioni, che d’ora in avanti sarà denominato Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo.
10. Sotto la guida generale del CAF, l’Ufficio dovrebbe, fra l’altro: • organizzare una riunione CSCE di breve durata presso la sede dell’Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo per trattare l’attuazione degli impegni relativi alla dimen- sione umana della CSCE ogni anno in cui non ha luogo una Riunione dei Seguiti. La Riunione dei Seguiti di Helsinki elaborerà le modalità organizzative per tali riunioni; • servire da struttura istituzionale per l’utilizzazione comune e lo scambio delle informazioni sull’assistenza tecnica disponibile, sulle consulenze e sui programmi nazionali ed internazio- nali intesi ad assistere le nuove democrazie nell’edificazione delle istituzioni; • facilitare i contatti tra coloro che offrono tali risorse e coloro che desiderano farne uso; • sviluppare la cooperazione con il Consiglio d’Europa per utilizzare la sua base dati di tali risorse e servizi; • stabilire contatti con organizzazioni non governative attive nel campo dell’edificazione di isti- tuzioni democratiche, al fine di consentire agli Stati partecipanti interessati l’utilizzazione delle loro notevoli risorse e competenze;
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• facilitare la cooperazione per quanto riguarda la formazione e l’educazione nelle discipline per- tinenti alle istituzioni democratiche; • organizzare incontri e seminari fra tutti gli Stati partecipanti su questioni relative all’edifica- zione e alla rivitalizzazione delle istituzioni democratiche, quali un seminario di breve durata sulla libertà dei mezzi d’informazione e, in un periodo appropriato, uno sulla migrazione. Tali incontri e seminari si terranno a Varsavia se non altrimenti deciso.
11. Al fine di evitare duplicazione di lavori, in special modo nei settori sopra elencati, i Ministri hanno incaricato l’Ufficio di operare strettamente con altre istituzioni attive nel campo dell’edifi- cazione delle istituzioni democratiche e dei diritti dell’uomo, in particolare il Consiglio d’Europa e la Commissione Europea per la Democrazia attraverso il Diritto.
12. Il CAF esaminerà annualmente la necessità di riunioni e seminari sulla dimensione umana e sulle istituzioni democratiche e definirà un programma di lavoro.
13. I Ministri hanno richiesto che la Riunione dei Seguiti di Helsinki precisi ulteriormente i com- piti dell’Ufficio di Varsavia e decida come si possano svolgere ulteriormente le attività della CSCE nel campo della dimensione umana.
14. L’Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo viene designato quale istituzione CSCE incaricata dei compiti connessi con missioni di esperti e di rapporteur conformemente al Documento della Riunione di Mosca della Conferenza sulla Dimensione Umana della CSCE.
15. L’Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo sarà collegato con la rete di comu- nicazione CSCE.
IV
Salvaguardia dei diritti dell’uomo, della democrazia e dello stato di diritto
16. Il Consiglio ha deciso, al fine di sviluppare ulteriormente la capacità della CSCE di salvaguar- dare i diritti dell’uomo, la democrazia e lo stato di diritto con mezzi pacifici, che un’appropriata azione possa essere intrapresa dal Consiglio o dal Comitato di Alti Funzionari, se necessario in assenza del consenso dello Stato interessato, in casi di violazioni chiare, gravi e non sanate di per- tinenti impegni CSCE. Tali azioni consisterebbero in dichiarazioni politiche o in altre iniziative politiche che si applicano al di fuori del territorio dello Stato interessato. Tale decisione non pre- giudica i meccanismi esistenti della CSCE.
17. Il Consiglio ha richiesto alla Riunione dei Seguiti di Helsinki di considerare ulteriori modalità di applicazione di tale decisione.
VIII
Organizzazioni non governative
42. Il Consiglio richiede che la Riunione dei Seguiti di Helsinki rafforzi le relazioni fra la CSCE e le organizzazioni non governative, al fine di incrementare il ruolo delle organizzazioni non gover- native nell’attuazione degli obiettivi e degli impegni CSCE. In particolare, la Riunione dei Seguiti svilupperà opportunità e procedure per un significativo coinvolgimento delle organizzazioni non governative nella CSCE, nonché possibilità per le organizzazioni non governative di comunicare
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con strutture e istituzioni CSCE, ricordando fra l’altro i testi relativi alle organizzazioni non gover- native concordati dalle Riunioni di Sofia e di Mosca e dal Seminario di Oslo. (…)
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Helsinki 1992
Dichiarazione del vertice di Helsinki
Promesse e problemi del cambiamento (…)
6. Accogliamo con favore l’impegno di tutti gli Stati partecipanti per i nostri valori comuni. Il rispetto dei diritti dell’uomo e delle libertà fondamentali, inclusi i diritti delle persone apparte- nenti alle minoranze nazionali, la democrazia, lo stato di diritto, la libertà economica, la giusti- zia sociale e la responsabilità nei confronti dell’ambiente sono nostri obiettivi comuni. Essi sono immutabili. L’adesione ai nostri impegni costituisce la base per la partecipazione e la cooperazione in seno alla CSCE e una pietra miliare per l’ulteriore sviluppo delle nostre società.
7. Riaffermiamo la validità dei principi guida e dei valori comuni dell’Atto Finale di Helsinki e della Carta di Parigi, che consacrano le responsabilità reciproche degli Stati e dei governi verso il loro popolo. Essi costituiscono la coscienza collettiva della nostra comunità. Riconosciamo la nostra reciproca responsabilità per la loro attuazione. Sottolineiamo i diritti democratici dei cittadini di richiedere da parte dei loro governi il rispetto di tali valori e modelli.
8. Sottolineiamo che gli impegni assunti nel campo della dimensione umana della CSCE sono que- stioni di diretto e legittimo interesse per tutti gli Stati partecipanti e non rientrano esclusivamente negli affari interni dello Stato interessato. La protezione e la promozione dei diritti dell’uomo e delle libertà fondamentali ed il rafforzamento delle istituzioni democratiche continuano ad essere una base vitale per la nostra sicurezza globale. (…)
12. È questa un’epoca di promesse, ma anche un’epoca di instabilità e di insicurezza. Il declino economico, le tensioni sociali, il nazionalismo aggressivo, l’intolleranza, la xenofobia e i conflitti etnici minacciano la stabilità nell’area della CSCE. Le flagranti violazioni degli impegni CSCE nel campo dei diritti dell’uomo e delle libertà fondamentali, inclusi quelli relativi alle minoranze nazionali, rappresentano una minaccia particolare per lo sviluppo pacifico della società, soprat- tutto nelle nuove democrazie.
Resta ancora molto da fare per l’edificazione di società democratiche e pluralistiche, dove la diver- sità sia pienamente tutelata e rispettata nella pratica. Di conseguenza, respingiamo la discrimi- nazione razziale, etnica e religiosa sotto qualsiasi forma. La libertà e la tolleranza devono essere insegnate e praticate.
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(…)
14. In epoche di conflitto, il soddisfacimento delle esigenze fondamentali dell’uomo è esposto al massimo rischio. Compiremo ogni sforzo per assicurare che queste siano soddisfatte e che gli impegni umanitari siano rispettati. Ci adopereremo per alleviare le sofferenze mediante cessate il fuoco umanitari e per facilitare la fornitura di aiuti sotto sorveglianza internazionale, inclusa la sicurezza del loro transito. Riconosciamo che i problemi dei rifugiati, che scaturiscono da tali conflitti, richiedono la cooperazione di noi tutti. Esprimiamo il nostro sostegno e la nostra soli- darietà ai paesi che sopportano l’urto dei problemi dei rifugiati, che derivano da tali conflitti. In tale contesto, riconosciamo l’esigenza di cooperazione e di azioni concertate. (…)
Stiamo ulteriormente sviluppando le nostre possibilità per una soluzione pacifica delle controversie.
21. Il nostro approccio si basa sul nostro concetto globale di sicurezza che ha origine nell’Atto Finale. Tale concetto mette in relazione il mantenimento della pace con il rispetto dei diritti dell’uomo e delle libertà fondamentali. Esso collega la solidarietà e la cooperazione economica ed ambien- tale con relazioni interstatali pacifiche. Esso è egualmente valido nella gestione dei cambiamenti così come è stato necessario per mitigare il confronto. (…)
26. Esprimiamo ancora una volta la nostra condanna senza riserve di tutti gli atti, i metodi e le pratiche del terrorismo. Siamo determinati a migliorare la nostra cooperazione per eliminare que- sta minaccia alla sicurezza, alla democrazia e ai diritti dell’uomo. A tale scopo, adotteremo misure volte a prevenire sui nostri territori attività criminali che appoggino atti di terrorismo in altri Stati. Incoraggeremo lo scambio di informazioni concernenti attività terroristiche. Cercheremo ulte- riori efficaci vie per la cooperazione, come opportuno. Prenderemo altresì le necessarie iniziative a livello nazionale per adempiere ai nostri obblighi internazionali in questo campo.
27. Il traffico illecito della droga rappresenta un pericolo per la stabilità delle nostre società e delle istituzioni democratiche. Opereremo insieme al fine di rafforzare tutte le forme di cooperazione bilaterale e multilaterale nella lotta contro il traffico illecito della droga e altre forme di crimine organizzato internazionale.
Decisioni di Helsinki
I. Rafforzamento delle Istituzioni e delle Strutture CSCE (…)
Assistenza al Presidente in carica (…)
Rappresentanti personali
(22) Nel trattare una crisi o un conflitto, il Presidente in carica potrà designare, su sue propria responsabilità, un rappresentante personale con un mandato chiaro e preciso allo scopo di for- nire un sostegno. Il Presidente in carica informerà il CAF dell’intenzione di nominare un rappre- sentante personale e del mandato. Nei rapporti inviati al Consiglio/CAF, il Presidente in carica
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includerà informazioni sulle attività del rappresentante personale nonché qualsiasi osservazione o consiglio proposti da quest’ultimo.
Alto Commissario per le Minoranze Nazionali
(23) Il Consiglio nominerà un Alto Commissario per le Minoranze Nazionali. L’Alto Commissario assicura il “preallarme” e, come opportuno, una “azione tempestiva” con la massima sollecitudine possibile in relazione alle tensioni che implichino questioni relative alle minoranze nazionali, che siano suscettibili di svilupparsi in un conflitto nell’area della CSCE, pregiudicando la pace, la stabi- lità, o le relazioni tra gli Stati partecipanti. L’Alto Commissario si avvarrà dei mezzi di cui dispone l’Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo (ODIHR) a Varsavia. (…)
Riesame dell’attuazione
(26) Un riesame approfondito dell’attuazione degli impegni CSCE continuerà a svolgere un ruolo preminente nelle attività della CSCE rafforzando in tal modo la cooperazione tra gli Stati parte- cipanti.
(27) Un riesame dell’attuazione si terrà regolarmente in occasione delle conferenze di riesame non- ché in riunioni speciali convocate a tale scopo presso l ’ODIHR e il CPC e quando il CAF si riuni- sce come Foro Economico, secondo quanto disposto nei pertinenti documenti CSCE.
(28) Tale riesame dell’attuazione sarà condotto con spirito di cooperazione, avrà una portata glo- bale e nello stesso tempo sarà in grado di affrontare questioni specifiche.
(29) Gli Stati partecipanti saranno invitati a presentare contributi sulla loro esperienza dell’attua- zione, con particolare riferimento alle difficoltà incontrate, ed a manifestare le loro opinioni sull’at- tuazione in tutta l’area della CSCE. Gli Stati partecipanti sono incoraggiati a far circolare elementi generali dei contributi prima della riunione.
(30) Il riesame dovrebbe offrire l’opportunità di individuare l’azione che potrebbe essere richiesta per affrontare i problemi. Le riunioni in cui ha luogo il riesame dell’attuazione potranno sotto- porre all’attenzione del CAF qualsiasi suggerimento per misure miranti a migliorare l’attuazione ritenute consigliabili. (…)
II. Alto Commissario CSCE per le Minoranze Nazionali
(1) Gli Stati partecipanti decidono di istituire un Alto Commissario per le Minoranze Nazionali.
Mandato
(2) L’Alto Commissario agirà sotto l’egida del CAF e sarà pertanto uno strumento per prevenire i conflitti per quanto più possibile nella fase iniziale.
(3) L’Alto Commissario assicurerà un “preallarme” e, come opportuno, una “azione tempestiva” per quanto più possibile nella fase iniziale in relazione a tensioni concernenti questioni relative alle minoranze nazionali che non si siano ancora sviluppate oltre una fase di preallarme, ma che, a giudizi dell’Alto Commissario, possano degenerare in un conflitto nell’area CSCE, pregiudicando
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la pace, la stabilità o le relazioni fra gli Stati partecipanti, richiedendo l’attenzione e l’azione del Consiglio dei Ministri della CSCE o del CAF.
(4) Nell’ambito del mandato, basato sui principi e sugli impegni CSCE, l’Alto Commissario agirà in via confidenziale e opererà indipendentemente da tutte le parti direttamente coinvolte nelle tensioni.
(5a) L’Alto Commissario prenderà in considerazione le questioni relative alle minoranze nazio- nali che si verifichino nello Stato di cui l’Alto Commissario sia un cittadino o un residente, o che coinvolgano una minoranza nazionale cui l’Alto Commissario appartiene, soltanto se tutte le parti direttamente coinvolte, incluso lo Stato interessato, sono d’accordo. (5b) L’Alto Commissario non prenderà in considerazione le questioni relative alle minoranze nazio- nali in situazioni che comportino azioni organizzate di terrorismo. (5c) L’Alto Commissario non prenderà in considerazione neppure le violazioni degli impegni CSCE concernenti una singola persona appartenente ad una minoranza nazionale.
(6) Nel prendere in considerazione una situazione, l’Alto Commissario terrà pienamente conto della disponibilità di mezzi democratici e di strumenti internazionali atti ad affrontarla e della loro utilizzazione ad opera delle parti interessate.
(7) Qualora una questione particolare relativa ad una minoranza nazionale sia stata sottoposta all’attenzione del CAF, il coinvolgimento dell’Alto Commissario richiederà una domanda e un mandato specifico da parte del CAF.
Profilo, nomina, supporto
(8) L’Alto Commissario sarà un’eminente personalità internazionale dotata di una lunga e notevole competenza dal quale ci si potrà attendere un imparziale adempimento delle funzioni.
(9) L’Alto Commissario sarà nominato dal Consiglio per consenso su raccomandazione del CAF per un periodo di tre anni, che potrà essere prorogato solo per un ulteriore periodo di tre anni.
(10) L’Alto Commissario si avvarrà dei mezzi dell’ODIHR a Varsavia e, in particolare, delle infor- mazioni pertinenti a tutti gli aspetti delle questioni relative alle minoranze nazionali disponibili presso l ’ODIHR.
Preallarme
(11) L’Alto Commissario: (11a) raccoglierà e riceverà informazioni riguardanti le questioni relative alle minoranze nazionali dalle fonti qui di seguito indicate (vedere il Supplemento, paragrafi (23)-(25)), (11b) valuterà per quanto più possibile nella fase iniziale il ruolo delle parti direttamente interes- sate, la natura delle tensioni e i recenti sviluppi di queste e, ove possibile, le potenziali conseguenze per la pace e la stabilità nell’area della CSCE, (11c) a tal fine potrà visitare, conformemente al paragrafo (17) e al Supplemento, paragrafi (27)- (30), qualsiasi Stato partecipante e comunicherà personalmente, salve le disposizioni del paragrafo (25)? con le parti direttamente interessate per ottenere informazioni di prima mano sulla situa- zione delle minoranze nazionali.
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(12) L’Alto Commissario, durante una visita ad uno Stato partecipante, nell’ottenere informazioni di prima mano da tutte le parti direttamente coinvolte, potrà discutere le questioni con le parti e, ove opportuno, promuovere il dialogo, la fiducia e la cooperazione fra loro.
Disposizioni sul preallarme
(13) L’Alto Commissario, se sulla base dello scambio di comunicazioni e di contatti con le parti interessate ritiene che esista un rischio primafacie di conflitto potenziale (come enunciato nel para- grafo (3), potrà emanare un preallarme, che sarà immediatamente comunicato dal Presidente in carica al CAF.
(14) Il Presidente in carica inserirà tale preallarme nell’ordine del giorno della successiva riunione del CAF. Se uno Stato ritiene che tale preallarme meriti un’immediata consultazione, potrà avviare la procedura riportata nell’Annesso 2 del Riepilogo delle Conclusioni del Consiglio della Riunione di Berlino (“Meccanismo di Emergenza”).
(15) L’Alto Commissario spiegherà al CAF i motivi per cui ha emanato il preallarme.
Azione tempestiva
(16) L’Alto Commissario potrà chiedere di essere autorizzato ad avviare ulteriori contatti e più strette consultazioni con le parti interessate in vista di eventuali soluzioni conformemente ad un mandato che dovrà essere deciso dal CAF. Il CAF potrà decidere di conseguenza.
Responsabilità
(17) L’Alto Commissario consulterà il Presidente in carica prima di recarsi in uno Stato partecipante per affrontare una tensione che coinvolga minoranze nazionali. Il Presidente in carica consulterà, in via confidenziale, lo/gli Stato/i partecipante/i interessato/i e potrà svolgere consultazioni più ampie.
(18) Dopo una visita ad uno Stato partecipante, l’Alto Commissario invierà rapporti strettamente confidenziali al Presidente in carica sugli elementi raccolti e sui progressi del suo intervento in una questione particolare.
(19) L’Alto Commissario, terminato l’intervento su una questione, particolare, riferirà al Presidente in carica li elementi raccolti, ci risultati e conclusioni. Entro il periodo di un mese il Presidente in carica si consulterà, in via confidenziale, sugli elementi raccolti, i risultati e le conclusioni con lo/ gli Stato/i partecipante/i interessato/i e potrà ampliare tali consultazioni. Il rapporto verrà quindi trasmesso al CAF unitamente ad eventuali commenti.
(20) Qualora l’Alto Commissario concluda che la situazione stia degenerando in un conflitto o ritenga che le finalità dell’azione dell’Alto Commissario siano esaurite, ne informerà il CAF tra- mite il Presidente in carica.
(21) Nel caso in cui il CAF sia stato investito di una questione particolare, l’Alto Commissario for- nirà informazioni e, su richiesta, consigli al CAF oppure a qualsiasi altra istituzione od organiz- zazione che il CAF possa invitare, conformemente alle disposizioni del Capitolo III del presente documento, al fine di intraprendere un’azione riguardante le tensioni o il conflitto.
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(22) L’Alto Commissario, se così richiesto dal CAF e con il dovuto riguardo per le esigenze di riser- vatezza del suo mandato, fornirà informazioni sulle sue attività alle riunioni CSCE sull’attuazione delle questioni relative alla Dimensione Umana.
Supplemento
Fonti di informazione sulle questioni relative alle Minoranze Nazionali
(23) L’Alto Commissario potrà: (23a) raccogliere e ricevere informazioni concernenti la situazione delle minoranze nazionali ed il ruolo delle parti in essa coinvolte da qualsiasi fonte, inclusi i mezzi di informazione e le orga- nizzazioni non governative con l’eccezione riportata nel paragrafo (25); (23b) ricevere rapporti specifici dalle parti direttamente coinvolte in merito agli sviluppi concer- nenti questioni relative alle minoranze nazionali. Questi potranno includere rapporti sulle viola- zioni degli impegni CSCE relative alle minoranze nazionali nonché su altre violazioni nel contesto di questioni relative a minoranze nazionali.
(24) Tali rapporti specifici indirizzati all’Alto Commissario dovrebbero rispondere ai seguenti requisiti: • essi dovrebbero essere scritti, inviati all’Alto Commissario come tale e firmati con nomi ed indirizzi completi, • essi dovrebbero contenere un resoconto oggettivo degli sviluppi che concernono la situazione di persone appartenenti a minoranze nazionali e del ruolo delle parti in essa coinvolte e che si sono recentemente verificati, in linea di principio, non più di dodici mesi prima. I rapporti dovrebbero contenere informazioni che possano essere sufficientemente provate.
(25) L’Alto Commissario non comunicherà e non accoglierà comunicazioni da qualsiasi persona od organizzazione che pratichi o giustifichi pubblicamente il terrorismo o la violenza.
Parti direttamente coinvolte
(26) Le parti direttamente coinvolte nelle tensioni, che potranno fornire rapporti specifici all’Alto Commissario e con le quali l’Alto Commissario cercherà di comunicare personalmente durante una visita ad uno Stato partecipante, sono le seguenti: (26a) i governi degli Stati partecipanti, inclusi, se opportuno, gli enti regionali e locali nelle zone in cui risiedono minoranze nazionali, (26b) i rappresentanti delle associazioni, delle organizzazioni non governative, dei gruppi religiosi e di altri gruppi delle minoranze nazionali direttamente coinvolte e che si trovano nell’area di ten- sione, che siano autorizzati a rappresentarle dalle persone appartenenti a quelle minoranze nazio- nali. Condizioni per i viaggi dell’Alto Commissario
(27) Prima di una prevista visita, l’Alto Commissario presenterà allo Stato partecipante interes- sato informazioni specifiche sullo scopo che tale visita si prefigge. Entro due settimane lo/gli Sta- to/i interessato/i si consulterà/anno con l’Alto Commissario sugli obiettivi della visita, che potranno includere la promozione del dialogo, della fiducia e della cooperazione fra le parti. Dopo l’arrivo dell’Alto Commissario nello Stato interessato, questo ne faciliterà la libertà di movimento e di comunicazione, salva la disposizione di cui al suddetto paragrafo (25).
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(28) Qualora lo Stato interessato non consenta all’Alto Commissario di entrare nel paese e di spo- starsi e di comunicare liberamente, questi ne informerà il CAF.
(29) Nel corso di una tale visita, salva la disposizione del paragrafo (25), l’Alto Commissario potrà consultare le parti interessate, e potrà ricevere in via confidenziale informazioni da qualsiasi per- sona, gruppo od organizzazione direttamente interessati alle questioni che l’Alto Commissario sta affrontando. L’Alto Commissario rispetterà la natura confidenziale delle informazioni.
(30) Gli Stati partecipanti si asterranno da qualsiasi azione contro persone, organizzazioni o isti- tuzioni a causa dei loro contatti con l’Alto Commissario.
Alto Commissario e coinvolgimento di esperti
(31) L’Alto Commissario potrà decidere di chiedere l’assistenza di non più di tre esperti aventi una competenza pertinente in materie specifiche su cui si richiedano indagini brevi e specializ- zate nonché consigli.
(32) L’Alto Commissario, qualora decida di ricorrere ad esperti, stabilirà un mandato e un lasso di tempo chiaramente definiti per le attività degli esperti.
(33) Gli esperti visiteranno uno Stato partecipante soltanto contemporaneamente all’Alto Com- missario. Il loro mandato sarà parte integrante del mandato dell’Alto Commissario e ad essi si applicheranno le stesse condizioni di viaggio.
(34) La consulenza e le raccomandazioni richieste dagli esperti saranno presentate in via confiden- ziale all’Alto Commissario, che sarà responsabile delle attività e dei rapporti degli esperti e che deci- derà se e in che modo le consulenze e le raccomandazioni saranno comunicate alle parti interessate. Esse non saranno vincolanti. Qualora l’Alto Commissario decida di mettere a disposizione le con- sulenze e le raccomandazioni, allo/agli Stato/i interessato/i sarà data l’opportunità di commentarle.
(35) Gli esperti saranno scelti dall’Alto Commissario con l’assistenza dell’ODIHR dall’elenco di esperti istituito presso l ’ODIHR come previsto nel Documento della Riunione di Mosca.
(36) Fra gli esperti non saranno compresi cittadini o residenti dello Stato partecipante interessato, né alcuna persona nominata dallo Stato interessato, né alcun esperto contro il quale lo Stato par- tecipante abbia precedentemente avanzato riserve. Fra gli esperti non saranno compresi cittadini o residenti dello stesso Stato partecipante interessato né qualsiasi persona da esso nominata nell’e- lenco di esperti né più di un cittadino o di un residente di un qualsiasi singolo Stato.
Bilancio
(37) Un bilancio a parte sarà determinato presso l ’ODIHR che fornirà, come opportuno, un sup- porto logistico per il viaggio e le comunicazioni. Il bilancio sarà finanziato dagli Stati partecipanti conformemente alle percentuali di ripartizione delle spese stabilite dalla CSCE. I dettagli saranno elaborati dal Comitato Finanziario ed approvati dal CAF.
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IV. Relazioni con organizzazioni internazionali, relazioni con Stati non partecipanti, ruolo delle organizzazioni non governative (ONG)
(1) I nuovi compiti che la CSCE si trova ad affrontare richiedono relazioni più chiare e contatti più stretti con le organizzazioni internazionali, in particolare con le Nazioni Unite e con gli Stati non partecipanti. La CSCE rimane nello stesso tempo un processo le cui attività vanno ben oltre le relazioni formali fra i governi fino a coinvolgere i cittadini e le società degli Stati partecipanti. Gli sforzi positivi, volti ad edificare un ordine pacifico e democratico duraturo e a gestire il pro- cesso di cambiamento, richiedono un apporto più strutturato e sostanziale da parse di gruppi, per- sone, Stati ed organizzazioni al di fuori del processo CSCE.
A tal fine gli Stati partecipanti hanno deciso quanto segue:
Relazioni con organizzazioni internazionali
(2) Gli Stati partecipanti, riaffermando i loro impegni assunti con la Carta delle Nazioni Unite e da essi firmati, dichiarano la loro intesa sul fatto che la CSCE e un accordo regionale nel senso del Capitolo VIII della Carta delle Nazioni Unite e che in quanto tale costituisce un importante legame fra la sicurezza europea e la sicurezza mondiale. I diritti e le responsabilità del Consiglio di Sicurezza delle Nazioni Unite restano inalterati nella loro interezza.
(3) Ricordando le decisioni pertinenti del Documento di Praga, gli Stati partecipanti miglioreranno i contatti e la cooperazione pratica con le organizzazioni internazionali appropriati.
(4) Essi potranno di conseguenza concordare di invitare le organizzazioni e le istituzioni inter- nazionali menzionate nel Documento di Praga ed altre a presentare, come opportuno, contributi.
(5) Tali organizzazioni, istituzioni e altre possono essere invitate, come concordato, a presenziare alle riunioni e ai seminari della CSCE in qualità di ospiti d’onore con opportune targhe nominative.
(6) Essi faranno pieno uso dello scambio di informazioni di cui al paragrafo 44 del Documento di Praga.
Relazioni con Stati mediterranei non partecipanti
(7) Ricordando le disposizioni dell’Atto Finale e di altri documenti CSCE pertinenti e conformi con la prassi stabilita, gli Stati mediterranei non partecipanti continueranno ad essere invitati a presentare contributi alle attività della CSCE.
(8) Misure per ampliare la portata della cooperazione con gli Stati mediterranei non partecipanti sono enunciate nel Capitolo X.
Relazioni con Stati non partecipanti
(9) In conformità con il paragrafo 45 del Documento di Praga gli Stati partecipanti intendono approfondire la loro cooperazione e sviluppare un solido rapporto con gli Stati non partecipanti quali il Giappone, che dimostrino un interesse per la CSCE, ne condividano i principi e gli obiet- tivi e siano attivamente impegnati nella cooperazione europea tramite le organizzazioni pertinenti.
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(10) A tale fine il Giappone sarà invitato a presenziare alle riunioni della CSCE, incluse quelle dei Capi di Stato e di Governo, il Consiglio della CSCE, il Comitato degli Alti Funzionari ed altri organi appropriati CSCE che prendano in considerazione specifici argomenti di consultazione e di cooperazione allargata.
(11) Rappresentanti del Giappone potranno contribuire, senza partecipare alla preparazione e all’a- dozione di decisioni, a quelle riunioni su argomenti per i quali il Giappone ha un interesse diretto e/o desideri cooperare attivamente con la CSCE.
Maggiore trasparenza delle attività della CSCE, promozione della conoscenza della CSCE, ampliamento del ruolo delle ONG
(12) Gli Stati partecipanti aumenteranno la trasparenza delle istituzioni e delle strutture CSCE ed assicureranno un’ampia diffusione delle informazioni sulla CSCE.
(13) A tal fine: • il Presidente in carica, assistito dal Segretariato CSCE, organizzerà riunioni informative sul pro- cesso di consultazione politica, • le istituzioni CSCE forniranno, nell’ambito dei bilanci esistenti, informazioni al pubblico ed organizzeranno riunioni informative pubbliche sulle loro attività, • il Segretariato agevolerà il flusso di informazioni e i contatti con i mezzi di informazione, tenendo presente che le questioni di politica della CSCE rimangono responsabilità degli Stati partecipanti.
(14) Gli Stati partecipanti forniranno opportunità per il maggiore coinvolgimento delle organiz- zazioni non governative nelle attività della CSCE.
(15) Essi, di conseguenza: • applicheranno a tutte le riunioni della CSCE le direttive precedentemente concordate per l’ac- cesso delle ONG a talune riunioni della CSCE, • apriranno alle ONG tutte le sedute plenarie delle conferenze di riesame, i seminari, i gruppi di studio e le riunioni dell’ODIHR, il CAF quando si riunisce come Foro Economico, le riunioni sull’attuazione dei diritti dell’uomo, nonché altre riunioni di esperti. Inoltre ogni riunione potrà decidere di aprire alcune altre sedute alla partecipazione delle ONG, • daranno istruzioni ai direttori delle istituzioni CSCE e ai Segretari Esecutivi delle riunioni della CSCE di designare una “persona di collegamento con le ONG” scelta fra il loro personale, • designeranno, come opportuno, un funzionario dei loro Ministeri degli Esteri ed un membro delle loro delegazioni presso le riunioni della CSCE che saranno responsabili del collegamento con le ONG, • promuoveranno contatti e scambi di vedute fra le ONG e i pertinenti enti nazionali e le istitu- zioni governative negli intervalli fra le riunioni della CSCE, • faciliteranno, nel corso delle riunioni della CSCE, riunioni di discussione informale fra i rap- presentanti degli Stati partecipanti e delle ONG, • incoraggeranno la presentazione di contributi scritti da parte delle ONG alle istituzioni e alle riu- nioni della CSCE, i cui titoli potranno essere conservati e forniti agli Stati partecipanti su richiesta, • incoraggeranno le ONG che organizzano seminari su questioni relative alla CSCE,
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• notificheranno alle ONG, tramite le istituzioni CSCE, le date delle future riunioni CSCE, assieme ad un’indicazione, ove possibile, degli argomenti da affrontare nonché, su richiesta, delle attiva- zioni dei meccanismi CSCE che sono stati resi noti a tutti gli Stati partecipanti.
(16) Le suddette disposizioni non si applicheranno a persone od organizzazioni che ricorrano all’uso della violenza o che giustifichino pubblicamente il terrorismo o l’uso della violenza.
(17) Gli Stati partecipanti utilizzeranno tutti i mezzi appropriati per diffondere il più ampiamente possibile in seno alle loro società la conoscenza della CSCE, dei suoi principi, dei suoi impegni e delle sue attività.
(18) Sarà presa in considerazione l’idea di un Premio CSCE.
VI. Dimensione Umana
(1) Gli Stati partecipanti hanno effettuato un utile riesame dell’attuazione degli impegni CSCE nel campo della Dimensione Umana. Essi hanno basato la loro discussione sulla nuova comunanza di valori stabilita tra loro, enunciata dalla Carta di Parigi per una Nuova Europa e sviluppata dai nuovi standard creati negli ultimi anni nell’ambito della CSCE. Essi hanno rilevato un notevole progresso nell’adempimento degli impegni relativi alla Dimensione Umana, ma hanno riconosciuto sviluppi seriamente preoccupanti e pertanto l’esigenza di un ulteriore miglioramento.
(2) Gli Stati partecipanti esprimono la loro ferma determinazione di assicurare il pieno rispetto dei diritti dell’uomo e delle libertà fondamentali, di attenersi allo stato di diritto, di promuovere i principi della democrazia e a tale proposito di edificare, rafforzare e tutelare le istituzioni demo- cratiche, nonché di promuovere la tolleranza in tutta la società. A tale scopo, essi amplieranno il quadro operativo della CSCE, anche rafforzando ulteriormente l’ODIHR, in modo che infor- mazioni, idee e preoccupazioni possano essere scambiate in maniera più concreta e significativa, ivi compreso un preallarme delle tensioni e dei conflitti potenziali. Così facendo, essi focalizze- ranno la loro attenzione su temi di particolare importanza relativi alla Dimensione Umana. Essi pertanto terranno sotto costante esame il rafforzamento della Dimensione Umana, specialmente in un periodo di cambiamento.
(3) A tal riguardo, gli Stati partecipanti adottano quanto segue:
Quadro per il controllo dell’osservanza degli impegni CSCE e per la promozione della cooperazione nel campo della Dimensione Umana
(4) Al fine di rafforzare e controllare l’osservanza degli impegni CSCE nonché di promuovere pro- gressi nel campo della Dimensione Umana, gli Stati partecipanti concordano di rafforzare il qua- dro della loro cooperazione e a tal fine decidono quanto segue:
Accresciuto ruolo d ell’ODIHR
(5) Sotto le direttive generali del CAF e in aggiunta ai suoi compiti esistenti, enunciati nella Carta di Parigi per una Nuova Europa e nel Documento di Praga sull’Ulteriore Sviluppo delle Istitu- zioni e delle Strutture CSCE, l’ODIHR in quanto istituzione principale nel campo della Dimen- sione Umana:
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(5a) contribuirà a controllare l’attuazione degli impegni nel campo della Dimensione Umana: • fungendo da sede per riunioni bilaterali ai sensi del paragrafo 2 e da canale per le informazioni ai sensi del paragrafo 3 del Meccanismo sulla Dimensione Umana enunciato nel Documento Conclusivo di Vienna; • accettando commenti dagli Stati visitati dalle missioni CSCE pertinenti alla Dimensione Umana diversi da quelli che rientrano nel Meccanismo della Dimensione Umana; esso trasmetterà il rapporto di tali missioni nonché gli eventuali commenti a tutti gli Stati partecipanti al fine di discuterli in occasione della successiva Riunione sull’attuazione o della conferenza di riesame; • partecipando o intraprendendo missioni quando verranno istituite dal Consiglio o dal CAF; (5b) fungerà da centro di coordinamento per fornire informazioni: • su uno stato di emergenza pubblica conformemente al paragrafo 28.10 del Documento della Riu- nione di Mosca della Conferenza sulla Dimensione Umana; • sugli elenchi di esperti e sull’assistenza, per esempio nel campo dei censimenti o sulla demo- crazia a livello locale e regionale, e sullo svolgimento di seminari nazionali su tali questioni; (5c) appoggerà altre attività nel campo della Dimensione Umana, inclusa l’edificazione di istitu- zioni democratiche: • adempiendo i compiti definiti nel “Programma di Supporto Coordinato per Stati partecipanti recentemente ammessi”; • organizzando “seminari sul processo democratico” dietro richiesta di Stati partecipanti. Le stesse disposizioni procedurali enunciate nel “Programma di supporto coordinato per Stati parteci- panti recentemente ammessi” si applicheranno anche a tali seminari; • contribuendo, nell’ambito delle risorse a sua disposizione, alla preparazione di seminari su richie- sta di uno o più Stati partecipanti; • fornendo, come opportuno, mezzi all’Alto Commissario per le Minoranze Nazionali; • comunicando, come opportuno, con organizzazioni internazionali e non governative pertinenti; • consultando e cooperando con gli organi pertinenti del Consiglio d’Europa e quelli ad esso associati ed esaminando come essi possano contribuire, nel modo opportuno, alle attività dell’ODIHR. Inoltre l ’ODIHR, dietro richiesta degli Stati partecipanti, fornirà loro informazioni sui programmi che, nel quadro del Consiglio d’Europa, sono aperti a tutti gli Stati partecipanti.
(6) Le attività sulle questioni della Dimensione Umana intraprese d all’ODIHR potranno, fra l’al- tro, contribuire al preallarme nella prevenzione dei conflitti.
Meccanismo della Dimensione Umana
(7) Al fine di allineare il Meccanismo della Dimensione Umana alle attuali strutture e istituzioni della CSCE gli Stati partecipanti decidono che:
Qualsiasi Stato partecipante che lo ritenga necessario potrà fornire informazioni su situazioni e casi che sono stati oggetto di richieste di cui ai paragrafi 1 o 2 del capitolo intitolato “Dimen- sione Umana della CSCE” del Documento Conclusivo di Vienna o sui risultati di tali procedure, agli Stati partecipanti tramite l’ODIHR – che potrà fungere parimenti da sede per riunioni bila- terali ai sensi del paragrafo 2 – o tramite canali diplomatici. Tali informazioni potranno essere discusse nelle riunioni del CAF, nelle riunioni sull’Attuazione delle questioni relative alla Dimen- sione Umana e nelle conferenze di riesame.
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(8) Procedure riguardanti la copertura delle spese per le missioni di esperti e di rapporteur del Meccanismo della Dimensione Umana potranno essere prese in considerazione dalla prossima conferenza di riesame alla luce dell’esperienza acquisita.
Attuazione
Riunioni sull’attuazione delle questioni relative alla Dimensione Umana
(9) Ogni anno in cui non si tiene una conferenza di riesame, l’ODIHR organizzerà un incontro a livello di esperti della durata di tre settimane di tutti gli Stati partecipanti nella sua sede al fine di riesaminare l’attuazione degli impegni CSCE nel campo della Dimensione Umana. La riunione assolverà ai seguenti compiti: (9a) uno scambio approfondito di opinioni sull’attuazione degli impegni relativi alla Dimensione Umana, compresa la discussione sulle informazioni fornite in conformità al paragrafo 4 del Mec- canismo della Dimensione Umana e sugli aspetti della Dimensione Umana dei rapporti delle mis- sioni CSCE, nonché l’esame dei modi e dei mezzi per migliorare l’attuazione; (9b) una valutazione delle procedure per controllare l’osservanza degli impegni.
(10) La riunione sull’attuazione potrà sottoporre all’attenzione del CAF misure atte a migliorare l’attuazione che essa ritenga necessarie.
(11) La riunione sull’attuazione non produrrà un documento negoziato.
(12) Contributi scritti e materiale informativo avranno un carattere non riservato o riservato a seconda di come indicato dallo Stato proponente.
(13) Le riunioni sull’attuazione saranno organizzate in sedute formali e informali. Tutte le sedute formali saranno pubbliche. Inoltre gli Stati partecipanti potranno decidere, caso per caso, di ren- dere pubbliche le sedute informali.
(14) Il Consiglio d’Europa, la Commissione Europea per la Democrazia attraverso il Diritto e la Banca Europea per la Ricostruzione e lo Sviluppo (BERS), nonché altre istituzioni e organizza- zioni internazionali pertinenti saranno incoraggiate dalla riunione sull’attuazione a presenziare e a presentare contributi.
(15) Le organizzazioni non governative che abbiano competenza pertinente nel campo della Dimen- sione Umana sono invitate a presentare interventi scritti alla riunione sull’attuazione, per esem- pio tramite l ’ODIHR, e potranno essere invitate dalla riunione sull’attuazione, sulla base dei loro interventi scritti, ad affrontare oralmente questioni specifiche come opportuno.
(16) Nel corso di due mezze giornate durante la riunione sull’attuazione non verranno previste sedute formali al fine di fornire migliori opportunità per eventuali contatti con le ONG. A tale scopo sarà messa a disposizione delle ONG una sale nella sede della riunione.
Seminari sulla Dimensione Umana della CSCE
(17) Sotto la guida generale del CAF, l’ODIHR organizzerà seminari sulla Dimensione Umana della CSCE che affronteranno questioni specifiche di particolare rilievo per la Dimensione Umana e oggetto di preoccupazione politica attuale. Il CAF stabilirà un programma di lavoro annuale che comprenderà i titoli e le date di tali seminari. L’ordine del giorno e le modalità di ciascun seminario
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saranno approvati dal CAF al più tardi tre mesi prima del seminario. Così facendo, il CAF terrà conto delle opinioni espresse dall’ODIHR. Se non altrimenti deciso, i seminari si terranno nella sede dell’ODIHR e non dureranno più di una settimana. Il programma di lavoro terra conto dell’o- perato delle organizzazioni e delle istituzioni internazionali pertinenti.
(18) Tali seminari saranno organizzati con la massima aperture e flessibilità. Organizzazioni e isti- tuzioni internazionali pertinenti potranno essere invitate a presenziare e a presentare contributi. Altrettanto potranno fare le ONG con esperienza pertinente. Esperti indipendenti presenti al semi- nario quali membri di delegazioni nazionali saranno altresì liberi di prendere la parole secondo la loro propria competenza.
(19) I seminari CSCE saranno organizzati in sedute formali ed informali. Tutte le sedute formali saranno pubbliche. Inoltre, gli Stati partecipanti potranno decidere, cave per cave, di rendere pub- bliche le sedute informali.
(20) I seminari della CSCE non produrranno un documento negoziato ne programmi sui seguiti.
(21) I contributi di esperti indipendenti saranno di carattere non riservato. (…)
Maggiore impegno e cooperazione nel campo della Dimensione Umana
Minoranze Nazionali
Gli Stati partecipanti
(23) Riaffermano nei termini più energici la loro determinazione di attuare in maniera sollecita e fedele tutti i loro impegni CSCE, compresi quelli contenuti nel Documento Conclusivo di Vienna, nel Documento di Copenaghen e nel Rapporto di Ginevra, riguardanti questioni relative alle mino- ranze nazionali e ai diritti delle persone ad esse appartenenti.
(24) In tale contesto intensificheranno i loro sforzi per assicurare il libero esercizio, da parte delle persone appartenenti a minoranze nazionali, individualmente o in comunità con altri, dei loro diritti umani e delle libertà fondamentali, incluso il diritto di partecipare pienamente, conformemente alle procedure democratiche decisionali di ciascuno Stato, alla vita politica, economica, sociale e cul- turale dei loro paesi, anche mediante la partecipazione democratica agli organi decisionali e con- sultivi a livello nazionale, regionale e locale, fra l’altro, tramite i partiti politici e le associazioni.
(25) Proseguiranno ad esplorare con sforzi unilaterali, bilaterali e multilaterali, nuove vie per una più efficace attuazione dei loro pertinenti impegni CSCE, inclusi quelli relativi alla tutela e alla creazione di condizioni atte a promuovere l’identità etnica, culturale, linguistica e religiosa delle minoranze nazionali.
(26) Affronteranno le questioni relative alle minoranze nazionali in maniera costruttiva, con mezzi pacifici e tramite il dialogo fra tutte le parti interessate sulla base dei principi e degli impe- gni della CSCE.
(27) Si asterranno dal reinsediare e condanneranno tutti i tentativi di reinsediamento di persone, mediante la minaccia o l’uso della forza, al fine di cambiare la composizione etnica di zone all’in- terno dei loro territori.
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Popolazioni autoctone
Gli Stati partecipanti
(29) Rilevando che le persone appartenenti a popolazioni autoctone possono incontrare partico- lari problemi nell’esercizio dei propri diritti, concordano che i loro impegni CSCE relativi ai diritti dell’uomo e alle libertà fondamentali si applichino a tali persone pienamente e senza discriminazioni.
Tolleranza e non discriminazione
Gli Stati partecipanti
(30) Esprimono la loro preoccupazione per le recenti e flagranti manifestazioni d’intolleranza, discriminazione, nazionalismo aggressivo, xenofobia, antisemitismo e razzismo e sottolineano il ruolo vitale della tolleranza, della comprensione e della cooperazione per il conseguimento e il mantenimento di società democratiche stabili. (…)
(32) Essi prenderanno in considerazione l’adesione alla Convenzione Internazionale sull’Elimina- zione di tutte le Forme di Discriminazione Razziale, qualora non lo abbiano già fatto.
(33) Essi prenderanno in considerazione l’adozione di misure appropriate nell’ambito della loro struttura costituzionale e conformemente ai loro obblighi internazionali per assicurare a ciascuno sul loro territorio la protezione contro la discriminazione per motivi razziali, etnici e religiosi non- ché per proteggere tutti gli individui, compresi gli stranieri, contro atti di violenza, anche per uno qualsiasi di tali motivi. Inoltre essi utilizzeranno pienamente le loro procedure giuridiche nazio- nali, compresa l’applicazione delle leggi esistenti a tale riguardo.
(34) Esamineranno lo sviluppo di programmi per creare le condizioni atte a promuovere la non discriminazione e la comprensione transculturale che si focalizzeranno sull’educazione ai diritti dell’uomo, su un’azione radicale e su una formazione e ricerca transculturali.
(35) Riaffermano, in tale contesto, l’esigenza di intraprendere programmi appropriati che affron- tino problemi dei loro rispettivi cittadini appartenenti ai Rom e ad altri gruppi tradizionalmente identificati come zingari e di creare condizioni perché essi abbiano uguali opportunità di parteci- pare pienamente alla vita della società, ed esamineranno come cooperare a tal fine.
Lavoratori migranti
Gli Stati partecipanti
(36) Dichiarano nuovamente che i diritti dell’uomo e le libertà fondamentali sono universali, che di essi godono anche i lavoratori migranti dovunque essi vivano e sottolineano l’importanza dell’at- tuazione di tutti gli impegni CSCE relativi ai lavoratori migranti e alle loro famiglie che risiedono legalmente negli Stati partecipanti.
(37) Essi incoraggeranno la creazione di condizioni atte a promuovere una maggiore armonia nelle relazioni fra i lavoratori migranti e il resto della società dello Stato partecipante in cui essi risie- dono legalmente. A tal fine essi cercheranno, fra l’altro, di proporre misure per facilitare la fami- liarizzazione dei lavoratori migranti e delle loro famiglie con le lingue e la vita sociale del rispettivo
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Stato partecipante in cui essi legalmente risiedono cosi da consentire loro di partecipare alla vita della società del paese che li ospita.
(38) Conformemente alle loro politiche nazionali, alle leggi e agli obblighi internazionali, cerche- ranno, come opportuno, di creare le condizioni atte a promuovere l’eguaglianza di opportunità per quanto riguarda le condizioni di lavoro, l’educazione, i servizi di sicurezza sociale e sanita- ria, la casa, l’accesso ai sindacati nonché i diritti culturali per i lavoratori migranti che risiedono e lavorano legalmente.
Rifugiati e profughi
Gli Stati partecipanti
(39) Esprimono la loro preoccupazione per il problema dei rifugiati e dei profughi.
(40) Sottolineano l’importanza di prevenire situazioni che possano dar luogo a flussi massicci di rifugiati e di profughi e ribadiscono la necessita di individuare ed affrontare le cause prime degli spostamenti e della migrazione involontaria.
(41) Riconoscono l’esigenza di una cooperazione internazionale nell’affrontare i flussi massicci di rifugiati e di profughi.
(42) Riconoscono che gli spostamenti sono spesso un risultato delle violazioni degli impegni della CSCE, inclusi quelli relativi alla Dimensione Umana.
(43) Riaffermano l’importanza degli standard e degli strumenti internazionali esistenti relativi alla tutela e all’assistenza dei rifugiati e prenderanno in considerazione l’adesione alla Convenzione relativa allo Status dei Rifugiati e al Protocollo, qualora non lo abbiano già fatto.
(44) Riconoscono l’importanza dell’Alto Commissario delle Nazioni Unite per i Rifugiati e del Comitato Internazionale della Croce Rossa, nonché delle organizzazioni non governative coinvolte nelle operazioni di soccorso, per la tutela e l’assistenza dei rifugiati e dei profughi.
(45) Accolgono con favore e appoggiano gli sforzi unilaterali, bilaterali e multilaterali compiuti per assicurare la tutela e l’assistenza dei rifugiati e dei profughi al fine di trovare soluzioni durevoli. (…)
Diritto umanitario internazionale
Gli Stati partecipanti
(47) Ricordano che il diritto umanitario internazionale si basa sulla dignità inerente alla persona umana.
(48) Rispetteranno e assicureranno il rispetto in ogni circostanza del diritto umanitario interna- zionale, inclusa la tutela della popolazione civile.
(49) Ricordano che coloro che violano il diritto umanitario internazionale sono ritenuti perso- nalmente responsabili.
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(50) Riconoscono il ruolo essenziale del Comitato Internazionale della Croce Rossa nella promo- zione dell’attuazione e dello sviluppo del diritto umanitario internazionale, incluse le Convenzioni di Ginevra e i loro relativi Protocolli.
(51) Riaffermano il loro impegno di estendere il pieno sostegno al Comitato Internazionale della Croce Rossa nonché alle Società della Croce Rossa e della Mezzaluna Rossa, e alle organizzazioni delle Nazioni Unite, in particolare in periodi di conflitto armato, di rispettare i loro simboli pro- tettivi, di prevenire l’abuso di tali simboli e, come opportuno, di compiere ogni sforzo per garan- tire l’accesso alle zone interessate.
(52) Si impegnano ad adempiere il loro obbligo di insegnare e di diffondere le informazioni riguar- danti i loro obblighi ai sensi del diritto umanitario internazionale.
La democrazia a livello locale e regionale
Gli Stati partecipanti
(53) Al fine di rafforzare la partecipazione democratica e l’edificazione delle istituzioni democrati- che e sviluppando la cooperazione tra loro si adopereranno per condividere le loro rispettive espe- rienze sul funzionamento della democrazia a livello locale e regionale, e accolgono con favore su tale base la rete informativa ed educativa del Consiglio d’Europa in tale campo.
(54) Faciliteranno i contatti e incoraggeranno diverse forme di cooperazione fra gli organismi a livello locale e regionale.
Cittadinanza
Gli Stati partecipanti
(55) Riconoscono che ognuno ha il diritto ad una cittadinanza e che nessuno dovrebbe essere pri- vato arbitrariamente della sua cittadinanza.
(56) Sottolineano che tutti gli aspetti della cittadinanza saranno regolati dalle procedure di legge. Adotteranno, come opportuno, misure compatibili con il loro quadro costituzionale per non aumentare l’apolidia.
(57) Proseguiranno il dibattito su tali questioni nell’ambito della CSCE.
Pena capitale
Gli Stati partecipanti
(58) Confermano gli impegni da loro assunti nei Documenti di Copenaghen e di Mosca in merito alla questione della pena capitale.
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Libertà dei mezzi d’informazione
Gli Stati partecipanti
(59) Danno istruzioni a ll’ODIHR perché organizzi un Seminario della CSCE nel quadro della Dimensione Umana sulla Libertà dei Mezzi d’Informazione da tenersi nel 1993. Scopo del semi- nario sarà quello d’incoraggiare i rappresentanti governativi e gli operatori dell’informazione a discutere, dare dimostrazioni, stabilire contatti e scambiare informazioni.
Educazione
Gli Stati partecipanti
(60) Vedrebbero con favore, considerata l’importanza dell’educazione per quanto riguarda la dif- fusione delle idee di democrazia, di diritti dell’uomo e di istituzioni democratiche, soprattutto in un periodo di cambiamento, l’organizzazione a tal fine di un seminario intitolato “Educazione: Strutture, Politiche e Strategie” da parte del Consiglio d’Europa, aperto a tutti gli Stati partecipanti.
Compilazione degli impegni nel campo della Dimensione Umana
Gli Stati partecipanti
(61) Accolgono con favore la redazione di compilazioni degli impegni CSCE esistenti nel campo della Dimensione Umana al fine di promuovere una maggiore intesa per l’attuazione di tali impegni.
Direttive per l’attuazione nazionale
Gli Stati partecipanti
(62) Promuoveranno, ove opportuno, la redazione di direttive atte a contribuire all’effettiva attua- zione della legislazione nazionale sulle questioni dei diritti dell’uomo connesse con gli impegni CSCE. (…)
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Riepilogo delle Conclusioni della Riunione del Consiglio di Stoccolma
Formazione di una Nuova Europa – Ruolo della CSCE (…)
I Ministri hanno espresso il loro costante impegno di utilizzare la CSCE per consolidare i diritti dell’uomo, la democrazia e lo Stato di diritto e la libertà economica quale fondamento della pace, della sicurezza e della stabilità e per prevenire, gestire e risolvere conflitti nell’area CSCE.
I Ministri hanno condannato l’uso diffuso della forza in Europa che alimenta sempre più la vio- lenza e l’odio. Essi hanno fermamente riprovato le continue flagranti violazioni dei diritti dell’uomo. Essi si sono impegnati ad agire per contrastare le crescenti manifestazioni di razzismo, antisemi- tismo e tutte le forme di intolleranza nell’area CSCE. (…)
Aspetti importanti della strategia CSCE includono: (…) • l’incremento della capacità della CSCE di fornire un preallarme mediante la nomina di un Alto Commissario per le Minoranze Nazionali che usufruirà del pieno appoggio politico di tutti gli Stati partecipanti; • un attivo utilizzo di missioni e rappresentanti quale elemento della diplomazia preventiva per promuovere il dialogo, la stabilità e fornire il preallarme; • un efficace utilizzo di missioni e rappresentanti in aree di crisi quale elemento di una strategia di consultazioni, negoziati e azioni concertate per limitare i conflitti prima che diventino violenti; • la cooperazione, come appropriato, con organizzazioni internazionali e singoli Stati partecipanti per assicurare che si possa applicare l’ampio spettro dei meccanismi e delle procedure CSCE, incluso il mantenimento della pace; • maggiori sforzi nell’affrontare le cause precipue dei conflitti applicando tutti gli aspetti della dimensione umana della CSCE e coinvolgendo più direttamente organizzazioni non governa- tive e singoli cittadini nell’opera della CSCE; • ritenere tutti i governi responsabili l’uno verso l’altro del proprio comportamento nei confronti dei loro cittadini e degli Stati vicini e ritenere gli individui personalmente responsabili dei cri- mini di guerra e degli atti di violazione del diritto umanitario internazionale; (…)
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Decisioni (…)
2. La CSCE quale comunità di valori
Il concetto globale di sicurezza della CSCE pone la pace, la sicurezza e la prosperità in diretta rela- zione con l’osservanza dei diritti dell’uomo e delle libertà fondamentali. Molti problemi attuali sono connessi con la mancata osservanza degli impegni e dei principi della CSCE.
I meccanismi della Dimensione Umana della CSCE vengono utilizzati in maniera crescente come fondamento essenziale degli sforzi della CSCE di preallarme e di prevenzione dei conflitti. La loro ulteriore elaborazione ed utilizzazione rafforzeranno considerevolmente la capacità della CSCE di perseguire le cause precipue delle tensioni e di perfezionarne i meccanismi per il preallarme di situazioni potenzialmente pericolose. I Ministri hanno accolto con favore il rafforzamento del ruolo dell’Ufficio per le Istituzioni Demo- cratiche e i Diritti dell’Uomo e la nomina dell’Alto Commissario per le Minoranze Nazionali quali passi particolarmente utili verso l’integrazione più completa della dimensione umana nelle con- sultazioni politiche e nell’azione concertata degli Stati partecipanti. (…) Essi hanno auspicato che gli Stati partecipanti recentemente ammessi facciano particolare uso delle opportunità offerte da tali istituzioni. L’osservanza degli impegni CSCE riveste un’importanza fondamentale. Il controllo dell’osser- vanza fornisce ai governi degli Stati partecipanti informazioni cruciali in base alle quali essi pos- sono formulare la loro politica. (…)
I Ministri hanno espresso la loro profonda preoccupazione per le recenti manifestazioni di nazio- nalismo aggressivo, xenofobia, antisemitismo, razzismo e altre violazioni dei diritti dell’uomo. Le violazioni del diritto internazionale umanitario e dei principi e degli impegni CSCE, quali la “pulizia etnica”, o la deportazione in massa, hanno messo a repentaglio il mantenimento della pace, della sicurezza e della democrazia e non saranno tollerate. Essi sono convinti che la CSCE, e in particolare il Comitato di Alti Funzionari e l’Alto Commissario sulle Minoranze Nazionali, debbano prestare maggiore attenzione a tali minacce ai diritti dell’uomo e alle libertà fondamen- tali. Il CAF riferirà su tale questione al Consiglio dei Ministri nella sua prossima riunione allor- ché il Consiglio esaminerà gli sviluppi. I Ministri hanno inoltre sottolineato il ruolo importante che la Dimensione Umana della CSCE dovrebbe svolgere nella prevenzione dei conflitti di lunga durata. Essi hanno sottolineato l’esi- genza di un’azione positiva volta a favorire la comprensione, la tolleranza e un’azione preventiva nazionale e locale. Essi hanno messo in risalto l’importanza di contatti diretti fra esperti, gover- nativi e non governativi, mediante la serie di seminari sulla Dimensione Umana iniziati con suc- cesso con il Seminario CSCE sulla Tolleranza (…).
Il crescente problema dei rifugiati e dei profughi costituisce una delle maggiori preoccupazioni di tutti gli Stati partecipanti, particolarmente nei conflitti in cui è maggiormente in pericolo il sod- disfacimento dei fabbisogni fondamentali dell’uomo. I Ministri hanno deplorato la situazione dif- ficile delle popolazioni civili maggiormente colpite da tali conflitti e hanno esortato tutti gli Stati partecipanti a contribuire ad uno sforzo concertato per condividere l’onere comune. Tutti i governi sono responsabili l’uno verso l’altro del loro comportamento nei confronti dei loro cittadini e dei loro vicini. Gli individui devono essere ritenuti personalmente responsabili dei crimini di guerra e degli atti in violazione del diritto umanitario internazionale. (…)
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3. Alto Commissario per le Minoranze Nazionali
Il Consiglio ha nominato il Sig. Max van der Stoel Alto Commissario CSCE per le Minoranze Nazionali (ACMN) al fine di rafforzare la capacità della CSCE di preallarme e di diplomazia pre- ventiva. L’Alto Commissario agirà nei limiti del mandato enunciato nel Documento di Helsinki. I Ministri hanno espresso il loro appoggio per l’Alto Commissario e la loro disponibilità a coope- rare con lui nello svolgimento del suo compito complesso, ma cruciale, di individuare e contenere nella fase più precoce possibile le tensioni che implichino questioni relative alle minoranze nazio- nali che abbiano la potenzialità di evolvere in un conflitto nell’area della CSCE.
I Ministri hanno incoraggiato l’Alto Commissario ad analizzare attentamente le aree potenziali di tensione, a visitare qualsiasi Stato partecipante e avviare discussioni di ampia portata a tutti i livelli con le parti direttamente coinvolte nelle questioni. In tale contesto, l’Alto Commissario potrà discutere le questioni con le parti e, ove appropriato, promuovere il dialogo, la fiducia e la cooperazione fra loro a tutti i livelli, al fine di favorire soluzioni politiche in linea con i principi e gli impegni della CSCE.
I Ministri si sono impegnati a fornire all’Alto Commissario le informazioni pertinenti a loro dispo- sizione sulle questioni delle minoranze nazionali, pur rispettando l’indipendenza dell’Alto Com- missario conformemente al mandato. (…)
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La CSCE e la nuova Europa – La nostra sicurezza è indivisibile (…)
I Ministri hanno espresso profonda preoccupazione per il proliferare delle minacce alla pace e alla stabilità e il perdurare di crisi, violenze diffuse e scontri aperti. Essi hanno vigorosamente condan- nato il moltiplicarsi delle violazioni dei diritti dell’uomo e del diritto umanitario, nonché il tentativo di alcuni paesi di acquisire territori con l’uso della forza. La crescente ondata di rifugiati e le ine- narrabili sofferenze umane causate dai conflitti armati devono essere prontamente alleviate. I Mini- stri hanno riaffermato la responsabilità personale di quanti perpetrano crimini contro l’umanità.
Malgrado tali avvenimenti, i diritti dell’uomo, la democrazia e lo stato di diritto in numerose regioni dell’area CSCE stanno compiendo progressi incoraggianti. I Ministri hanno espresso com- piacimento per il diffondersi di libere elezioni e per lo sviluppo di istituzioni democratiche che si registrano in molti Stati partecipanti. I Ministri si sono proposti di assicurare che la CSCE forni- sca un sostegno adeguato a tali iniziative. (…)
I Ministri hanno sottolineato l’esigenza di una più ampia utilizzazione delle capacità CSCE nel campo del preallarme e della diplomazia preventiva e di un’ulteriore integrazione della dimen- sione umana in tale processo. Essi hanno elogiato il contributo dato dall’Alto Commissario per le Minoranze Nazionali allo sviluppo di tali capacità.
Essi hanno inoltre accolto con compiacimento il potenziamento del ruolo dell’Ufficio per le Isti- tuzioni Democratiche e i Diritti dell’Uomo nell’ambito della dimensione umana, nonché i con- tributi delle missioni CSCE nel campo della prevenzione dei conflitti e della gestione delle crisi. Ulteriori iniziative dovrebbero perseguire l’obiettivo di migliorare la capacità di affrontare ad uno stadio precoce le crisi potenziali. (…)
Al fine di dare concretezza e orientamento ai loro impegni, i Ministri hanno concordato un pro- gramma d’azione da attuare sulla base delle decisioni da essi adottate in data odierna.
Tali decisioni, tra l’altro, riguardano le seguenti questioni: (…)
(c) Verrà potenziato il ruolo dell’Alto Commissario per le Minoranze Nazionali.
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(d) La dimensione umana sarà ulteriormente integrata nel processo di consultazioni politiche della CSCE; l ’ODIHR sarà rafforzato. (…)
(j) Verrà rafforzato il ruolo della CSCE nella lotta contro il nazionalismo aggressivo, il razzismo, lo sciovinismo, la xenofobia e l’antisemitismo.
Decisioni della Riunione del Consiglio di Roma (…)
III. Alto Commissario per le Minoranze Nazionali
Tenendo presente la stretta correlazione fra le questioni relative alle minoranze nazionali e la pre- venzione dei conflitti, i Ministri hanno incoraggiato l’Alto Commissario per le Minoranze Nazio- nali (ACMN) a proseguire le sue attività in base al suo Mandato. Essi hanno riconosciuto l ’ACMN quale elemento innovativo ed efficace nel preallarme e nella diplomazia preventiva. I Ministri hanno sottolineato l’importanza del fatto che gli Stati partecipanti cooperino pienamente con l’Alto Com- missario ed appoggino i seguiti e l’attuazione delle sue raccomandazioni. Essi hanno accolto con favore la decisione del CAF di aumentare le risorse a disposizione d ell’ACMN.
IV. La Dimensione Umana
1. I Ministri hanno ribadito che le questioni relative alla dimensione umana sono fondamentali per il concetto di sicurezza globale della CSCE. Essi hanno rilevato che il rispetto degli impegni nel campo della dimensione umana deve ancora essere consolidato in vaste regioni dell’area CSCE e hanno espresso particolare preoccupazione per il fatto che civili continuino ad essere le vittime di atrocità nei conflitti in corso nell’area CSCE. Preoccupati per le cause alla radice delle tensioni, derivanti da pregiudizi storici, i Ministri hanno esortato ad intraprendere iniziative, fra l’altro, mediante l’istruzione, per promuovere la tolleranza e la consapevolezza dell’appartenenza ad un sistema di valori comuni. I Ministri hanno sottolineato che l’attuazione degli impegni nel campo della dimensione umana deve essere al centro dell’attenzione nelle iniziative CSCE per la preven- zione dei conflitti.
2. A tal fine i Ministri hanno deciso di rafforzare gli strumenti di prevenzione dei conflitti e di preallarme disponibili nell’ambito della dimensione umana della CSCE. Essi hanno sottoline- ato l’esigenza, in tale contesto, di maggiore cooperazione e coordinamento con le organizzazioni internazionali pertinenti quali il Consiglio di Europa, nonché con organizzazioni non governative.
Sono state adottate le seguenti decisioni:
3. Processo di consultazione politica e missioni CSCE. • Al fine di promuovere l’esame e l’azione politici nell’ambito della dimensione umana, gli organi decisionali della CSCE prenderanno regolarmente in esame le questioni relative alla dimensione umana quali parte integrante delle deliberazioni relative alla sicurezza europea. L’ODIHR ren- derà disponibili risorse e informazioni a sostegno di tale esame. • Maggior rilievo sarà dato alle questioni relative alla dimensione umana nei mandati delle mis- sioni CSCE nonché nei seguiti dei rapporti delle missioni. A tal fine a ll’ODIHR verrà attribu- ito un ruolo di maggior rilievo nella preparazione delle missioni CSCE per quanto riguarda, fra l’altro, le informazioni e le consulenze fornite alle missioni in base alle sue competenze.
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• Nel contesto della prevenzione dei conflitti e della gestione delle crisi, la questione della migra- zione di massa, vale a dire dei profughi e dei rifugiati, sarà presa in esame, come appropriato, dal CAF e dal Comitato Permanente della CSCE, tenendo conto del ruolo di altri pertinenti organismi internazionali.
4. Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo
I Ministri hanno deciso di potenziare le funzioni e le operazioni d ell’ODIHR. L’ODIHR, fra l’al- tro, intensificherà le proprie attività, in base al suo mandato, nei seguenti settori: • istituzione di un registro di esperti allargato in campi attinenti alla dimensione umana. Si chiede agli Stati partecipanti e alle organizzazioni non governative di informare l’ODIHR in merito agli esperti disponibili in campi attinenti alla dimensione umana; • potenziamento del suo ruolo nel monitoraggio globale delle elezioni; • rafforzamento della cooperazione con organizzazioni internazionali pertinenti al fine di coor- dinare le attività e individuare possibili aeree per iniziative comuni; • ricezione di informazioni fornite dalle ONG con esperienza pertinente nel campo della dimen- sione umana; • funzione di punto di contatto per informazioni fornite dagli Stati partecipanti conformemente agli impegni CSCE; • diffusione di informazioni generali relative alla dimensione umana e al diritto umanitario inter- nazionale.
I Ministri hanno stabilito che, al fine di adempiere ai suoi nuovi compiti, l ’ODIHR dovrebbe essere dotato di risorse supplementari. Essi hanno chiesto al CAF di esaminare le implicazioni finanzia- rie e amministrative del potenziamento d ell’ODIHR come sopra descritto.
5. Snellimento del Meccanismo di Mosca
Riconoscendo il Meccanismo di Mosca quale rilevante strumento intergovernativo per succes- sive azioni nell’ambito della dimensione umana, i Ministri hanno concordato di svilupparne l’ef- ficacia e promuoverne l’utilizzazione ampliando l’elenco di esperti e abbreviando i tempi previsti dal meccanismo. Inoltre il Comitato Permanente della CSCE sarà autorizzato ad avviare il mec- canismo nonché ad adottare azioni successive basate sui rapporti dei rapporteur. A tal fine è stato deciso di modificare il meccanismo conformemente all’Annesso A.
6. Basandosi sui lavori della Riunione sull’Attuazione delle Questioni relative alla Dimensione Umana e dei Seminari sulla Dimensione Umana • I Ministri hanno attribuito importanza all’esito della prima Riunione sull’Attuazione delle Que- stioni relative alla Dimensione Umana, nonché ai seminari tenuti sulla dimensione umana. Sono stati accolti con favore i risultati della Riunione sull’Attuazione delle Questioni relative alla Dimensione Umana e il CAF e il Comitato Permanente della CSCE sono stati incaricati di prendere in considerazione seguiti ad essi pertinenti. • Gli organi politici della CSCE cercheranno di potenziare le azioni successive basandosi sui riepi- loghi delle riunioni e dei seminari nell’ambito della Dimensione Umana. L’ODIHR, di concerto con gli Stati partecipanti interessati, è invitato a presentare ulteriori proposte per appropriate azioni successive che scaturiscano dai seminari sulla dimensione umana in seno alle prossime riunioni del CAF o del Comitato Permanente.
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• I Ministri hanno espresso il loro apprezzamento per il lavoro svolto dal seminario sulla libertà dei mezzi di informazione al fine di stimolare mezzi di diffusione radiotelevisiva editorialmente indipendenti e una libera stampa. Essi hanno ribadito il loro impegno di salvaguardare la libertà di espressione, diritto fondamentale dell’uomo, ed hanno sottolineato l’esigenza di mezzi di infor- mazione indipendenti per una società libera e aperta. A tal fine i Ministri hanno deciso che gli strumenti CSCE relativi alla dimensione umana dovrebbero essere utilizzati in modo migliore al fine di promuovere mezzi di informazione aperti e diversificati, valutando anche la possibi- lità di utilizzare missioni CSCE. (…)
VIII. Integrazione degli Stati partecipanti recentemente ammessi (…)
2. I Ministri hanno sottolineato l’importanza della Dimensione Umana per l’ulteriore integra- zione degli Stati partecipanti recentemente ammessi. Benché molti di questi Stati attraversino un difficile periodo di transizione politica ed economica, i Ministri hanno espresso l’auspicio che gli Stati partecipanti recentemente ammessi si adoperino quanto più possibile per assicurare l’applica- zione di tutti i principi ed impegni CSCE nei loro paesi, anche nei periodi di crisi. Essi hanno elo- giato il ruolo svolto dall’ODIHR nel contribuire all’edificazione di istituzioni democratiche negli Stati partecipanti recentemente ammessi. Essi hanno chiesto a ll’ODIHR di intensificare i propri sforzi per individuare ed attuare progetti di cooperazione con tali Stati nell’ambito del Programma di Supporto Coordinato. Essi hanno inoltre rilevato l’importante contributo reso dai seminari sulla Dimensione Umana organizzati d all’ODIHR per una maggiore comprensione dei problemi derivanti dal processo di integrazione. Essi hanno convenuto sull’importanza di utilizzare piena- mente l’esperienza acquisita in tali seminari. (…)
X. Dichiarazione sul nazionalismo aggressivo, il razzismo, lo sciovinismo, la xenofobia e l’antisemitismo
1. Ricordando le loro decisioni adottate alla Riunione del Consiglio di Stoccolma, i Ministri hanno rilevato con profonda preoccupazione le crescenti manifestazioni di nazionalismo aggressivo, quali l’espansionismo territoriale, nonché di razzismo, sciovinismo, xenofobia e antisemitismo che con- traddicono apertamente i principi e gli impegni della CSCE.
2. I Ministri hanno inoltre rilevato che tali fenomeni possono provocare violenze, secessionismo mediante l’uso della forza, discordia etnica e, nei casi peggiori, le barbare pratiche della deporta- zione di massa, della pulizia etnica e della violenza contro civili innocenti.
3. Il nazionalismo aggressivo, il razzismo, lo sciovinismo, la xenofobia e l’antisemitismo creano tensioni etniche, politiche e sociali all’interno degli Stati e fra essi. Essi inoltre minano la stabilità internazionale e le iniziative mondiali per dare saldi fondamenti ai diritti universali dell’uomo.
4. I Ministri hanno concentrato l’attenzione sull’esigenza di un’azione urgente per imporre la rigo- rosa osservanza delle norme del diritto umanitario internazionale, inclusi il perseguimento e la punizione di coloro che sono colpevoli di crimini di guerra e di altri crimini contro l’umanità.
5. I Ministri hanno convenuto che la CSCE deve svolgere un ruolo importante in tali iniziative. Le chiare norme di comportamento che si riflettono negli impegni CSCE includono un attivo
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sostegno dei pari diritti di tutti gli individui conformemente al diritto internazionale e della tutela delle minoranze nazionali.
6. I Ministri hanno deciso di riservare un posto di rilievo a tale questione nell’ordine del giorno della CSCE ed hanno pertanto deciso di: • incaricare il Comitato Permanente di studiare eventuali azioni successive; • invitare l’Alto Commissario per le Minoranze Nazionali, alla luce del suo mandato, a prestare particolare attenzione a tutti gli aspetti del nazionalismo aggressivo, del razzismo, dello sciovi- nismo, della xenofobia e dell’antisemitismo; • richiedere a ll’ODIHR di prestare particolare attenzione a tali fenomeni e destinare risorse, come necessario, per affrontare tali problemi. (…)
Annesso A
Le procedure di cui ai paragrafi 3, 7, 11, 13 e 14 del Documento della Riunione di Mosca 1991 della Conferenza sulla Dimensione Umana della CSCE vengono modificate e reciteranno come segue (tutti i cambiamenti sono stati sottolineati):
(3) Un elenco di esperti comprendente fino a sei esperti nominati da ciascuno Stato partecipante sarà creato senza indugio presso l’Istituzione CSCE. Gli esperti saranno personalità eminenti inclusi, ove possibile, esperti con esperienza relativa alle questioni delle minoranze nazionali, preferibil- mente dotati di esperienza nel campo della dimensione umana, dai quali ci si potrà attendere un imparziale adempimento delle loro funzioni.
Gli esperti saranno nominati per un periodo da tre a sei anni a discrezione dello Stato che li nomina, e nessun esperto sarà in carica per più di due periodi consecutivi. Entro quattro settimane dalla notifica della nomina da parte dell’Istituzione CSCE, qualsiasi Stato partecipante potrà fare riserve su non più di due esperti da nominarsi da parte di un altro Stato partecipante. In tal caso lo Stato che effettua la nomina potrà rivedere, entro quattro settimane dal ricevimento della notifica di tali riserve, la sua decisione e nominare un altro esperto o altri esperti; se esso conferma la nomina originariamente indicata, l’esperto in questione non potrà partecipare ad alcuna procedura per quanto riguarda lo Stato che ha avanzato la riserva senza l’esplicito consenso di quest’ultimo.
L’elenco di esperti entrerà in vigore non appena saranno stati designati 45 esperti.
(7) La missione di esperti presenterà le sue osservazioni allo Stato invitante non appena possibile, preferibilmente entro tre settimane dalla costituzione della missione. Lo Stato invitante trasmet- terà le osservazioni della missione, unitamente ad una descrizione di qualsiasi iniziativa intrapresa o che intenda intraprendere, agli altri Stati partecipanti tramite l’istituzione CSCE, non più tardi di due settimane dopo la presentazione delle osservazioni.
Tali osservazioni e qualsiasi commento da parte dello Stato invitante potranno essere discussi dal Comitato di Alti Funzionari, che potrà considerare eventuali azioni successive. Le osservazioni ed i commenti resteranno confidenziali fintanto che non saranno sottoposti all’attenzione degli Alti Funzionari. Prima della diffusione delle osservazioni e di eventuali commenti, nessuna altra mis- sione di esperti potrà essere nominata per la stessa questione.
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(11) Il relatore (i relatori) CSCE stabilirà (stabiliranno) i fatti, riferirà (riferiranno) in merito e potrà (potranno) avanzare raccomandazioni su eventuali soluzioni alla questione sollevata. Il rapporto del relatore (dei relatori), contenente osservazioni su fatti, proposte o raccomandazioni, sarà pre- sentato allo Stato o agli Stati partecipanti interessati e, a meno che tutti gli Stati interessati non concordino altrimenti, all’Istituzione CSCE non più tardi di due settimane dalla nomina dell’ul- timo relatore. Lo Stato cui è stata rivolta la richiesta sottoporrà qualsiasi osservazione sul rapporto all’Istituzione CSCE, a meno che tutti gli Stati interessati non abbiano altrimenti concordato, non più tardi di due settimane dalla presentazione del rapporto.
L’Istituzione CSCE trasmetterà senza indugio a tutti gli Stati partecipanti il rapporto, nonché qual- siasi osservazione dello Stato cui è stata rivolta la richiesta o di qualsiasi altro Stato partecipante.
Il rapporto sarà posto all’ordine del giorno della successiva riunione regolare del Comitato di Alti Funzionari o del Comitato Permanente della CSCE, che potrà decidere su qualsiasi eventuale azione successiva. Il rapporto resterà confidenziale fino a tale riunione del Comitato. Prima della diffusione del rapporto non potrà essere nominato nessun altro relatore per la stessa questione.
(13) Su richiesta di un qualsiasi Stato partecipante, il Comitato di Alti Funzionari o il Comitato Per- manente della CSCE potrà decidere di costituire una missione di esperti o di relatori CSCE. In tal caso il Comitato determinerà anche se applicare le pertinenti disposizioni dei paragrafi precedenti.
(14) Lo Stato o gli Stati partecipanti che hanno richiesto la costituzione di una missione di esperti o relatori sosterranno le spese di tale missione. In caso di nomina di esperti o relatori a seguito di una decisione del Comitato di Alti Funzionari o del Comitato Permanente della CSCE, le spese saranno sostenute dagli Stati partecipanti conformemente alla consueta scala di ripartizione delle spese. Tali procedure saranno riesaminate dalla Riunione di Helsinki sui Seguiti della CSCE.
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Dichiarazione del vertice di Budapest (…) 7. (…) I valori democratici della CSCE sono fondamentali per l’obiettivo che intendiamo raggiun- gere, quello di una comunità di nazioni senza divisioni, vecchie o nuove, una comunità in cui l’e- guaglianza sovrana e l’indipendenza di tutti gli Stati siano pienamente rispettate, non vi siano sfere di influenza e siano rigorosamente tutelati i diritti dell’uomo e le libertà fondamentali di tutte le persone, indipendentemente dalla razza, dal colore della pelle, dal sesso, dalla lingua, dalla reli- gione, dall’origine sociale o dalla loro appartenenza ad una minoranza. (…)
14. Confermiamo l’importanza della dimensione umana per le tutte le attività della CSCE. Il rispetto dei diritti dell’uomo e delle libertà fondamentali, della democrazia e dello stato di diritto è una componente essenziale della sicurezza e della cooperazione nella regione CSCE. Esso deve rimanere un obiettivo prioritario dell’attività CSCE. I riesami periodici dell’attuazione dei nostri impegni, fondamentali per tutta la CSCE, hanno un’importanza decisiva per la dimensione umana. L’Uffi- cio per le Istituzioni Democratiche e i Diritti dell’Uomo, grazie al potenziamento delle sue capa- cità, continuerà a fornire assistenza agli Stati partecipanti, particolarmente a quelli in transizione. Sottolineiamo l’importanza dei contatti umani per superare il retaggio delle vecchie divisioni. (…)
Decisioni di Budapest
I. Rafforzamento della CSCE
1. La nuova era di sicurezza e di cooperazione in Europa ha determinato un mutamento sostanziale nella CSCE e un sensibile ampliamento del suo ruolo nella formazione del nostro spazio di sicu- rezza comune. Per rispecchiare tale trasformazione, la CSCE in futuro sarà denominata Organiz- zazione per la Sicurezza e la Cooperazione in Europa (OSCE). Il cambiamento di denominazione avrà effetto dal primo gennaio 1995. A partire da tale data tutti i riferimenti alla CSCE saranno considerati riferimenti a ll’OSCE. (…)
3. I Capi di Stato e di Governo hanno stabilito che in futuro il ruolo e le funzioni della CSCE inclu- deranno quanto segue:
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(…)
5. – assicurare la piena attuazione di tutti gli impegni CSCE; (…)
11. – sviluppare ulteriormente l’attività della CSCE nel campo dei diritti dell’uomo e delle libertà fondamentali e in altri settori attinenti alla dimensione umana; (…)
14. Per conseguire tali obiettivi, la CSCE opererà come segue:
15. La prossima Riunione dei Capi di Stato e di Governo si terrà a Lisbona nel 1996, preceduta da una riunione preparatoria. Il Vertice deciderà la frequenza delle successive Riunioni al Vertice.
16. Il Consiglio dei Ministri (già Consiglio della CSCE), quale organo centrale decisionale e di governo della CSCE, si riunirà, di norma, a livello di Ministri degli Affari Esteri, alla fine di ogni mandato di presidenza.
17. Il Consiglio Superiore (che sostituisce il Comitato di Alti Funzionari) si riunirà a Praga almeno due volte l’anno. Una riunione supplementare si terrà prima della Riunione del Consiglio dei Mini- stri. Il Consiglio Superiore discuterà e definirà orientamenti di linea politica e criteri generali di bilancio. Si incoraggiano gli Stati partecipanti a farsi rappresentare a livello di direttori politici o a un livello corrispondente. Il Consiglio Superiore sarà inoltre convocato come Foro Economico.
18. Il Consiglio Permanente (già Comitato Permanente) sarà l’organo ordinario per le consul- tazioni politiche e le scelte decisionali. Esso potrà essere convocato anche in casi di emergenza. Esso si riunirà a Vienna e sarà composto dai rappresentanti permanenti degli Stati partecipanti.
19. Il Presidente in esercizio (PIE) continuerà ad avere la responsabilità generale delle funzioni esecutive. Il PIE continuerà ad esercitare pienamente il suo mandato, fra l’altro mediante l’in- vio di rappresentanti personali. Il PIE sarà coadiuvato dalla Troika. Il mandato della presidenza durerà di norma un anno solare.
20. Il Segretario Generale continuerà ad esercitare pienamente il suo mandato e, a sostegno del PIE, sarà coinvolto più attivamente in tutti gli aspetti della gestione della CSCE. Il Segretario Generale partecipa alle riunioni dei ministri della Troika.
21. Si continuerà a fornire sostegno alle attività dell’Alto Commissario per le Minoranze Nazionali e le sue risorse saranno potenziate. Gli Stati partecipanti intensificheranno gli sforzi per attuare le sue raccomandazioni.
22. Il Consiglio Permanente seguirà le attività delle missioni CSCE ed assicurerà ad esse sostegno politico. Al fine di assicurare l’adempimento dei loro compiti, gli Stati partecipanti forniranno le necessarie risorse umane e finanziarie.
23. L’Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo della CSCE verrà potenziato per l’importante ruolo che esso svolge nelle attività CSCE.
24. Il PIE continuerà a mantenere stretti contatti e un assiduo dialogo con l’Assemblea Parlamen- tare (AP). Il PIE sottoporrà le raccomandazioni d ell’AP all’attenzione del Consiglio Permanente e informerà l ’AP in merito alle attività della CSCE.
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25. Verranno mantenute le attuali modalità di riesame dell’attuazione di tutti gli impegni CSCE. La Riunione di Riesame prima di ciascun Vertice si terrà a Vienna. (…)
IV Codice di condotta relativo agli aspetti politico-militari della sicurezza
Preambolo
Gli Stati partecipanti alla Conferenza sulla Sicurezza e la Cooperazione in Europa (CSCE),
riconoscendo l’esigenza di intensificare la cooperazione per la sicurezza, anche mediante l’ulte- riore promozione di norme di comportamento responsabili e improntate alla cooperazione nel campo della sicurezza,
confermando che nulla nel presente Codice sminuisce la validità e l’applicabilità degli scopi e dei principi della Carta delle Nazioni Unite o di altre norme di diritto internazionale,
riaffermando l’immutata validità dei principi guida e dei valori comuni dell’Atto Finale di Hel- sinki, della Carta di Parigi e del Documento di Helsinki 1992, che consacrano le responsabilità degli Stati tra loro e dei governi verso il loro popolo nonché la validità di altri impegni CSCE,
hanno adottato il seguente Codice di Condotta relativo agli aspetti politico-militari della sicurezza:
I
1. Gli Stati partecipanti sottolineano che il pieno rispetto di tutti i principi CSCE enunciati nell’Atto Finale di Helsinki e l’attuazione in buona fede di tutti gli impegni assunti nell’ambito della CSCE sono di fondamentale importanza per la stabilità e la sicurezza, e costituiscono pertanto una que- stione di diretto e legittimo interesse per tutti loro.
2. Gli Stati partecipanti confermano la perdurante validità del loro concetto globale di sicurezza introdotto nell’Atto Finale, che pone il mantenimento della pace in correlazione con il rispetto dei diritti dell’uomo e delle libertà fondamentali. Esso collega la solidarietà e la cooperazione econo- mica e ambientale con le relazioni pacifiche fra Stati. (…)
II
6. Gli Stati partecipanti non sosterranno in alcun modo atti terroristici e adotteranno misure appropriate per prevenire e combattere il terrorismo in tutte le sue forme. Essi coopereranno pie- namente per combattere la minaccia di attività terroristiche mediante l’attuazione di strumenti e impegni internazionali da essi concordati a tale riguardo. Essi, in particolare, adotteranno ini- ziative volte a soddisfare il contenuto degli accordi internazionali in base ai quali sono tenuti a incriminare o estradare i terroristi. (…)
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VI
17. Gli Stati partecipanti si impegnano a cooperare, anche sviluppando favorevoli condizioni eco- nomiche e ambientali, al fine di contrastare le tensioni che potrebbero condurre ad un conflitto. Tra le fonti di tali tensioni figurano le violazioni dei diritti dell’uomo e delle libertà fondamen- tali nonché di altri impegni relativi alla dimensione umana; anche le manifestazioni di naziona- lismo aggressivo, razzismo, sciovinismo, xenofobia e antisemitismo possono mettere in pericolo la pace e la sicurezza.
18. Gli Stati partecipanti sottolineano l’importanza di una tempestiva individuazione di poten- ziali conflitti come pure di loro sforzi congiunti nel campo della prevenzione dei conflitti, della gestione delle crisi e della soluzione pacifica delle controversie.
19. In caso di conflitto armato, essi cercheranno di facilitare l’effettiva cessazione delle ostilità e di creare condizioni favorevoli alla soluzione politica del conflitto. Essi coopereranno a soste- gno dell’assistenza umanitaria volta ad alleviare le sofferenze delle popolazioni civili, anche faci- litando il movimento del personale e delle risorse impegnati in tali compiti.
VII
20. Gli Stati partecipanti ritengono che il controllo politico democratico delle forze militari, para- militari e di sicurezza interna nonché dei servizi di informazione e della polizia sia un elemento indispensabile della stabilità e della sicurezza. Essi promuoveranno l’integrazione delle loro forze armate con la società civile quale importante espressione di democrazia.
21. Ciascuno Stato partecipante in qualsiasi momento assicurerà e manterrà la guida effettiva e il controllo delle sue forze militari, paramilitari e di sicurezza mediante autorità costituzionali inve- stite di legittimità democratica. Ciascuno Stato partecipante prevederà controlli al fine di assicu- rare che tali autorità assolvano le loro responsabilità costituzionali e giuridiche. Essi definiranno con chiarezza i ruoli e le missioni di tali forze nonché il loro obbligo di agire esclusivamente nel quadro costituzionale.
22. Ciascuno Stato partecipante prevederà l’approvazione parlamentare delle spese relative alla difesa. Ciascuno Stato partecipante, con il dovuto riguardo per le esigenze della sicurezza nazio- nale, eserciterà la moderazione nelle sue spese militari e prevederà la trasparenza e l’accesso del pubblico alle informazioni relative alle forze armate.
23. Ciascuno Stato partecipante, nell’assicurare l’esercizio dei diritti civili da parte dei singoli membri del personale in servizio, garantirà che le proprie forze armate in quanto tali siano poli- ticamente neutrali.
24. Ciascuno Stato partecipante prevederà e manterrà in vigore misure per impedire l’uso acci- dentale o non autorizzato di mezzi militari.
25. Gli Stati partecipanti non tollereranno né sosterranno forze che non siano responsabili dinanzi alle loro autorità costituzionali o non siano da esse controllate. Qualora uno Stato partecipante non sia in grado di esercitare la propria autorità su tali forze, esso potrà ricercare consultazioni nell’ambito della CSCE per esaminare le misure da adottare.
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26. Ciascuno Stato partecipante assicurerà che, conformemente ai propri impegni internazionali, le sue forze paramilitari si astengano dall’acquisire capacità per missioni di combattimento ecce- denti quelle per cui sono state istituite.
27. Ciascuno Stato partecipante assicurerà che il reclutamento o il richiamo di personale per pre- stare servizio nelle proprie forze militari, paramilitari e di sicurezza sia conforme ai suoi obblighi e impegni nel campo dei diritti dell’uomo e delle libertà fondamentali.
28. Gli Stati partecipanti faranno in modo che i diritti e i doveri del personale delle forze armate figurino nella loro legislazione o in altri documenti pertinenti. Essi prenderanno in esame l’intro- duzione di esenzioni da o alternative al servizio militare.
29. Gli Stati partecipanti renderanno ampiamente disponibile nei rispettivi paesi la legislazione sul diritto umanitario internazionale di guerra. Essi faranno in modo che, conformemente alla prassi nazionale, i propri impegni in tale campo figurino nei loro programmi e regolamenti di addestra- mento militare.
30. Ciascuno Stato partecipante istruirà il personale delle proprie forze armate sul diritto umani- tario internazionale e sulle norme, le convenzioni e gli impegni ad esso relativi che regolano i con- flitti armati e assicurerà che i membri di tale personale siano consapevoli di essere individualmente responsabili delle proprie azioni, in base alla legislazione nazionale e al diritto internazionale.
31. Gli Stati partecipanti assicureranno che i membri del personale delle forze armate cui è confe- rita autorità di comando la esercitino conformemente alle norme di diritto interne e internazionali pertinenti e siano consapevoli del fatto che possono essere considerati individualmente respon- sabili, in base a tali norme, in caso di esercizio illegittimo della loro autorità e che non possono essere impartiti ordini contrari alle norme di diritto interne e internazionali. La responsabilità dei superiori non esime i subordinati da alcuna delle loro responsabilità individuali.
32. Ciascuno Stato partecipante assicurerà che il personale delle forze militari, paramilitari e di sicurezza sia in condizione di godere dei diritti dell’uomo e delle libertà fondamentali rispecchiati nei documenti CSCE e nel diritto internazionale nonché di esercitarli, conformemente alle perti- nenti disposizioni costituzionali e giuridiche e alle esigenze di servizio.
33. Ciascuno Stato partecipante prevederà appropriate procedure giuridiche e amministrative per tutelare i diritti di tutto il personale delle sue forze.
VIII
34. Ciascuno Stato partecipante assicurerà che, in pace e in guerra, le sue forze armate siano coman- date, dotate di effettivi, addestrate ed equipaggiate secondo modalità conformi alle norme di diritto internazionale e ai suoi rispettivi obblighi e impegni relativi all’impiego delle forze armate in con- flitti armati, inclusi, se del caso, le Convenzioni dell’Aja del 1907 e del 1954, le Convenzioni di Gine- vra del 1949 e i relativi Protocolli aggiuntivi del 1977, nonché la Convenzione sull’uso di talune armi convenzionali del 1980.
35. Ciascuno Stato partecipante assicurerà che la propria politica e la propria dottrina di difesa siano conformi al diritto internazionale relativo all’impiego delle forze armate, anche in conflitti armati, e ai pertinenti impegni del presente Codice.
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36. Ciascuno Stato partecipante assicurerà che qualsiasi decisione di assegnare le sue forze armate a missioni di sicurezza interna sia adottata conformemente alle procedure costituzionali. Tali deci- sioni stabiliranno le missioni delle forze armate, assicurando che si svolgano sotto l’effettivo con- trollo di autorità costituzionali e che siano soggette allo stato di diritto. Qualora nello svolgimento di missioni di sicurezza interna non possa essere evitato il ricorso alla forza, ogni Stato parteci- pante garantirà che il suo uso sia commisurato all’esigenza del rispetto della legge. Le forze armate avranno debita cura di evitare danni ai civili o ai loro beni.
37. Gli Stati partecipanti non impiegheranno le forze armate per limitare l’esercizio pacifico e legit- timo dei diritti dell’uomo e dei diritti civili da parte delle persone, in quanto singoli o in quanto rappresentanti di gruppi, né per privarle della loro identità nazionale, religiosa, culturale, lingui- stica o etnica.
IX
38. Ciascuno Stato partecipante è responsabile dell’applicazione del presente Codice. Se richie- sto, uno Stato partecipante fornirà appropriati chiarimenti riguardo alla propria applicazione del Codice. Per valutare, riesaminare e migliorare, qualora necessario, l’applicazione del presente Codice verranno utilizzati appropriati organi, meccanismi e procedure CSCE.
X
39. Le disposizioni adottate nel presente Codice di Condotta sono politicamente vincolanti. Con- seguentemente, il presente Codice non è ammissibile per la registrazione ai sensi dell’Articolo 102 della Carta delle Nazioni Unite. Il presente Codice entrerà in vigore il primo gennaio 1995.
40. Nulla nel presente Codice altera la natura e il contenuto degli impegni assunti in altri docu- menti CSCE.
41. Gli Stati partecipanti cercheranno di assicurare che i loro documenti interni e le loro proce- dure o, ove appropriato, i loro strumenti giuridici pertinenti rispecchino gli impegni assunti nel presente Codice.
42. Il testo del Codice sarà pubblicato in ciascuno Stato partecipante, che ne curerà la diffusione e lo farà conoscere nel modo più ampio possibile.
VIII Dimensione Umana
Introduzione
1. Nel riesaminare l’attuazione degli impegni CSCE nel campo della dimensione umana, gli Stati partecipanti hanno basato la discussione sulla comunanza di valori che si è stabilita fra loro e che si riflette negli standard elevati creati nell’ambito della CSCE.
Nel corso della discussione, si è rilevato che sono stati compiuti notevoli progressi nel rispetto degli impegni relativi alla dimensione umana. Gli Stati partecipanti hanno riconosciuto, tuttavia, che in alcune aree si è registrato un grave deterioramento e che si è manifestata l’esigenza di ini- ziative volte a contrastare le costanti violazioni dei diritti dell’uomo e le manifestazioni di nazio- nalismo aggressivo, quale l’espansionismo territoriale, nonché di razzismo, sciovinismo, xenofobia e antisemitismo che continuano a provocare sofferenze umane.
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2. I diritti dell’uomo e le libertà fondamentali, lo stato di diritto e le istituzioni democratiche costi- tuiscono il fondamento della pace e della sicurezza e contribuiscono in maniera determinante alla prevenzione dei conflitti nell’ambito di un concetto di sicurezza globale. La tutela dei diritti dell’uomo, inclusi i diritti delle persone appartenenti a minoranze nazionali, è un fondamento essenziale della società civile democratica. Il mancato rispetto di tali diritti ha contribuito, in casi gravi, all’estremismo, all’instabilità regionale ed ai conflitti. Gli Stati partecipanti hanno confer- mato che i problemi relativi all’attuazione degli impegni CSCE costituiscono una preoccupazione legittima e comune per tutti gli Stati partecipanti e che sollevare tali problemi, nello spirito di coo- perazione orientato verso risultati concreti che è proprio della CSCE, è stato pertanto un eserci- zio positivo. Essi si sono impegnati ad incoraggiare l’attuazione degli impegni CSCE mediante un dialogo approfondito, riesami dell’attuazione e meccanismi appropriati. Essi amplieranno il qua- dro operativo della CSCE, potenziando in particolare l’Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo (ODIHR), accrescendo il suo coinvolgimento nei lavori del Consiglio Perma- nente e nelle attività delle missioni, nonché promuovendo la cooperazione con le organizzazioni ed istituzioni internazionali attive nel campo della dimensione umana.
3. La partecipazione di organizzazioni non governative (ONG) ha rappresentato un’integrazione positiva del riesame dell’attuazione. Con le loro dichiarazioni tali organizzazioni hanno appor- tato un contributo di idee e sollevato questioni interessanti da sottoporre all’esame degli Stati partecipanti. Esse hanno inoltre informato gli Stati partecipanti sulle loro attività, fra cui quelle nel campo della prevenzione e della soluzione dei conflitti. L’esperienza della Conferenza di Rie- same di Budapest incoraggia a prendere ulteriormente in esame la promozione, nell’ambito della CSCE, del dialogo fra i governi e le ONG degli Stati partecipanti, oltre al dialogo fra Stato e Stato.
4. Riaffermando i loro impegni nel campo della dimensione umana, gli Stati partecipanti, pur con- siderando essenziale concentrare i loro sforzi sull’attuazione degli esistenti impegni CSCE, deci- dono di potenziare il quadro della loro cooperazione e a tal fine adottano quanto segue:
Maggiore osservanza degli impegni CSCE e promozione della cooperazione e del dialogo relativi alla dimensione umana
Maggiore osservanza dell’attuazione
5. Basandosi sulle strutture per il riesame dell’attuazione previste dal Documento di Helsinki 1992 e al fine di migliorare l’attuazione della dimensione umana, gli Stati partecipanti utilizzeranno il Consiglio Permanente per un più intenso dialogo sulla dimensione umana e per eventuali azioni in casi di non attuazione. A tal fine, gli Stati partecipanti decidono che le questioni relative alla dimensione umana verranno regolarmente affrontate dal Consiglio Permanente. Essi si avvar- ranno maggiormente delle possibilità offerte dal Meccanismo di Mosca per esaminare o promuo- vere la soluzione di questioni relative alla dimensione umana nel loro territorio.
6. Essi incoraggiano il Presidente in esercizio a informare il Consiglio Permanente in merito a casi gravi di presunta mancata attuazione degli impegni relativi alla dimensione umana, anche sulla base di informazioni pervenute d all’ODIHR, di rapporti e raccomandazioni dell’Alto Commis- sario per le Minoranze Nazionali (ACMN) o di rapporti del capo di una missione CSCE nonché di informazioni fornite dallo Stato interessato.
7. Gli Stati partecipanti rinnovano il loro apprezzamento per l’opera svolta d all’ACMN che, confor- mandosi pienamente al suo mandato, è stato in grado di concentrarsi su diverse questioni relative alle minoranze nazionali e di affrontarle con successo, tenendo anche conto di specifiche situa- zioni degli Stati partecipanti e delle parti direttamente interessate. Essi incoraggiano l’ACMN a
136 proseguire le sue presenti attività e lo sosterranno nelle nuove e ulteriori iniziative che egli intra- prenderà, incluse quelle relative alle sue raccomandazioni. Essi intensificheranno i loro sforzi al fine di attuare tali raccomandazioni.
Ruolo dell’ODIHR
8. Quale principale istituzione della dimensione umana, l’ODIHR, di concerto con il Presidente in esercizio, parteciperà, in veste di consulente, alle discussioni del Consiglio Superiore e del Con- siglio Permanente, riferendo a intervalli regolari sulle sue attività e fornendo informazioni sulle questioni relative all’attuazione. Esso fornirà materiale di supporto per il riesame annuale dell’at- tuazione e, ove necessario, chiarirà o integrerà le informazioni ricevute. Agendo in stretta con- sultazione con il Presidente in esercizio, il Direttore d ell’ODIHR potrà proporre ulteriori azioni.
9. Gli Stati partecipanti riconoscono l’esigenza di potenziare, tramite l’ODIHR, la cooperazione con altre organizzazioni e istituzioni internazionali attive nel campo della dimensione umana, incluso, fra gli altri, l’Alto Commissario delle Nazioni Unite per i Diritti dell’Uomo, al fine di scam- biare informazioni, inclusi rapporti, nonché per sviluppare ulteriormente le attività orientate verso il futuro, come enunciato nel presente documento.
10. Gli Stati partecipanti decidono di: • intensificare la cooperazione della CSCE con altre organizzazioni e istituzioni internazionali, in particolare l ’UNHCR e l’Organizzazione Internazionale per le Migrazioni (IOM), al fine di con- tribuire alla preparazione, da parte dell’UNHCR, di una conferenza regionale che affronti i pro- blemi dei rifugiati, dei profughi, dei rimpatriati e di altre forme di spostamento involontario nei paesi della Comunità di Stati Indipendenti (CSI) ed in altri Stati limitrofi interessati, istituendo, previe consultazioni con il Comitato Finanziario informale, un posto temporaneo di esperto nel campo delle migrazioni, finanziato con contributi volontari; • incaricare l ’ODIHR di fungere da centro di coordinamento per lo scambio di dati sui mezzi d’in- formazione nella regione e incoraggiare i governi, i giornalisti e le ONG a fornire a ll’ODIHR informazioni sulla situazione dei mezzi di informazione.
11. L’ODIHR verrà consultato in merito al mandato di una missione CSCE prima della sua ado- zione e contribuirà a dar seguito ai rapporti delle missioni come deciso dal Consiglio Permanente. La conoscenza da parte dell’ODIHR di esperti nel campo della dimensione umana dovrebbe essere utilizzata per contribuire a dotare di personale le missioni CSCE. Tali missioni designeranno inol- tre un membro della missione che funga da collegamento con l ’ODIHR e le ONG su questioni rela- tive alla dimensione umana.
12. L’ODIHR svolgerà un ruolo più ampio nel monitoraggio delle elezioni prima, durante e dopo le votazioni. In tale contesto, l’ODIHR dovrebbe valutare le condizioni necessarie per un’attività libera e indipendente dei mezzi di informazione.
Gli Stati partecipanti chiedono che venga migliorato il coordinamento fra le diverse organizza- zioni di monitoraggio delle elezioni, e incaricano l ’ODIHR di consultarsi con tutte le organizza- zioni competenti al fine di sviluppare una struttura di coordinamento in tale campo.
Al fine di snellire i preparativi e le procedure per il monitoraggio delle elezioni, l ’ODIHR preparerà un manuale per osservatori delle elezioni e terrà un calendario aggiornato delle elezioni imminenti.
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13. Le disposizioni di cui al capitolo relativo alla dimensione umana del presente documento non modificano in alcun modo il mandato d ell’ODIHR né quello d ell’ACMN.
Seminari dell’ODIHR
14. Il numero di seminari su vasta scala relativi alla dimensione umana sarà ridotto, di norma, a due all’anno. Essi si concentreranno su argomenti che destano il più ampio interesse. Verrà dato maggior risalto ai seminari regionali. Ove appropriato, essi formeranno parte del Programma di Supporto Coordinato. Tali seminari dovrebbero cercare di ottenere la piena partecipazione degli Stati della regione in cui vengono tenuti. L’ODIHR è invitato a presentare al Consiglio Per- manente un rapporto sul modo di accrescere l’efficienza dei seminari sulla dimensione umana. Benché tali seminari non producano documenti negoziati, si dovrebbe dedicare particolare atten- zione al potenziamento dei loro seguiti.
15. Durante la Conferenza di Riesame è stato suggerito un gran numero di possibili argomenti per seminari di carattere sia generale che regionale. Il Segretariato Esecutivo ha messo a punto un elenco, che verrà trasmesso al Consiglio Permanente. Conformemente alle pertinenti dispo- sizioni del Documento di Helsinki 1992, il Consiglio Permanente, tenendo conto dei consigli dell’ODIHR e dell’ACMN, redigerà un programma di lavoro annuale che includa i titoli, le date e le sedi di tali seminari.
16. Gli Stati partecipanti hanno accolto con favore l’offerta della Romania di ospitare a Bucarest un Seminario Internazionale sulla Tolleranza sotto gli auspici dell’ODIHR e del Consiglio d’Eu- ropa, in cooperazione con l ’UNESCO, nel contesto dell’Anno Internazionale della Tolleranza che si celebrerà nel 1995.
Ruolo delle ONG
17. Gli Stati partecipanti e le istituzioni CSCE offriranno opportunità per un maggiore coinvolgi- mento delle ONG nelle attività della CSCE, come previsto nel Capitolo IV del Documento di Hel- sinki 1992. Essi ricercheranno modi affinché la CSCE possa utilizzare al meglio il lavoro delle ONG e le informazioni da esse fornite. Il Segretario Generale è pregato di studiare modi per ampliare ulteriormente la partecipazione delle ONG.
Impegni e cooperazione
Stato di diritto
18. Gli Stati partecipanti sottolineano che qualsiasi azione delle autorità pubbliche deve essere con- forme allo stato di diritto, garantendo in tal modo la sicurezza giuridica dell’individuo.
Essi sottolineano inoltre la necessità di tutelare i difensori dei diritti dell’uomo e attendono con interesse il completamento e l’adozione, nel quadro delle Nazioni Unite, del progetto di dichiara- zione sui “Diritti e le responsabilità di persone, gruppi e organi della società al fine di promuovere e tutelare i diritti dell’uomo e le libertà fondamentali universalmente riconosciuti”.
Pena capitale
19. Gli Stati partecipanti riconfermano gli impegni da loro assunti nei Documenti di Copenhagen e di Mosca concernenti la questione della pena capitale.
138 Prevenzione della tortura
20. Gli Stati partecipanti condannano fermamente tutte le forme di tortura come una delle più gravi violazioni dei diritti dell’uomo e della dignità umana. Essi si impegnano ad adoperarsi per la sua eliminazione. Riconoscono l’importanza, a tale riguardo, delle norme internazionali contenute nei trattati internazionali sui diritti dell’uomo, in particolare la Convenzione delle Nazioni Unite contro la Tortura e altri Trattamenti o Pene Crudeli, Disumani o Degradanti e la Convenzione Europea per la Prevenzione della Tortura e dei Trattamenti o delle Pene Disumani o Degradanti. Essi riconoscono inoltre l’importanza della legislazione nazionale mirante a sradicare la tortura. Essi si impegnano a indagare su tutti i presunti casi di tortura e a perseguire i trasgressori. Si impegnano inoltre a inserire nei loro programmi di educazione e formazione per le forze prepo- ste all’applicazione della legge e le forze di polizia norme specifiche miranti a sradicare la tortura. Essi ritengono che lo scambio di informazioni su tale problema sia una condizione essenziale. Gli Stati partecipanti dovrebbero avere la possibilità di ottenere tali informazioni. La CSCE, in tale contesto, dovrebbe avvalersi inoltre dell’esperienza del Relatore speciale sulla tortura e altri trat- tamenti o pene crudeli, disumani o degradanti istituito dalla Commissione delle Nazioni Unite sui diritti dell’uomo e utilizzare le informazioni fornite dalle ONG.
Minoranze nazionali
21. Gli Stati partecipanti confermano la loro determinazione di promuovere costantemente l’at- tuazione delle disposizioni dell’Atto Finale e di tutti gli altri documenti CSCE relativi alla tutela dei diritti delle persone appartenenti a minoranze nazionali. Essi elogiano l’operato dell’ACMN in tale campo.
22. Gli Stati partecipanti accolgono con favore le iniziative internazionali miranti ad una migliore tutela dei diritti delle persone appartenenti a minoranze nazionali. Essi prendono atto dell’ado- zione, nell’ambito del Consiglio d’Europa, di una Convenzione Quadro sulla Tutela delle Mino- ranze Nazionali, basata sulle norme CSCE al riguardo. Essi hanno sottolineato che la Convenzione è anche aperta, su invito, alla firma degli Stati che non sono membri del Consiglio d’Europa i quali potranno prendere in considerazione la possibilità di aderire a tale Convenzione.
Rom e Sinti
23. Gli Stati partecipanti decidono di nominare nell’ambito dell’ODIHR un punto di contatto per le questioni relative ai Rom e ai Sinti (Zingari). L’ODIHR sarà incaricato di: • agire da centro di coordinamento per lo scambio di informazioni sulle questioni relative ai Rom e ai Sinti (Zingari), incluse le informazioni sull’attuazione degli impegni concernenti i Rom e i Sinti (Zingari); • agevolare i contatti sulle questioni relative ai Rom e ai Sinti (Zingari) fra gli Stati partecipanti, le organizzazioni internazionali e le ONG; • mantenere e sviluppare i contatti su tali questioni fra le istituzioni CSCE ed altre organizza- zioni e istituzioni internazionali.
Al fine di adempiere a tali compiti, l ’ODIHR utilizzerà pienamente le risorse esistenti. In tale con- testo essi accolgono con favore l’annuncio, da parte di talune organizzazioni di Rom e Sinti (Zin- gari), della loro intenzione di assicurare contributi volontari.
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24. Gli Stati partecipanti esprimono compiacimento per le attività connesse con le questioni rela- tive ai Rom e ai Sinti (Zingari) svolte nell’ambito di altre organizzazioni e istituzioni internazio- nali, in particolare quelle intraprese dal Consiglio d’Europa.
Tolleranza e non discriminazione
25. Gli Stati partecipanti condannano le manifestazioni di intolleranza, e specialmente di nazio- nalismo aggressivo, razzismo, sciovinismo, xenofobia e antisemitismo, e continueranno a promuo- vere misure efficaci miranti al loro sradicamento. Essi chiedono che l ’ODIHR continui a prestare particolare attenzione a tali fenomeni, raccogliendo informazioni sulle loro diverse manifesta- zioni negli Stati partecipanti. A tal fine si adopereranno per rafforzare o adottare una legislazione appropriata, e adotteranno le misure necessarie per assicurare che la legislazione vigente venga attuata efficacemente in modo da scoraggiare le manifestazioni di tali fenomeni. Essi inoltre riba- discono che le azioni volte a combattere tali fenomeni dovrebbero essere considerate una compo- nente essenziale di una politica e di un’educazione miranti all’integrazione. Essi condannano tutti i crimini commessi nel perseguimento della cosiddetta “pulizia etnica” e continueranno a sostenere efficacemente il Tribunale Internazionale sui Crimini di Guerra per l’ex Jugoslavia, istituito all’Aia.
26. Essi elogiano il piano d’azione del Consiglio d’Europa sul razzismo, la xenofobia, l’antise- mitismo e l’intolleranza. Dando seguito alla Dichiarazione del Consiglio di Roma, le istituzioni CSCE vaglieranno le possibilità di operare congiuntamente con il Consiglio d’Europa nonché con le Nazioni Unite ed altre organizzazioni internazionali.
27. Riaffermando il loro impegno di garantire la libertà di coscienza e di religione e di promuovere un clima di tolleranza e rispetto reciproci fra i credenti di diverse comunità nonché fra credenti e non credenti, essi hanno espresso la loro preoccupazione per lo sfruttamento della religione ai fini del nazionalismo aggressivo.
Lavoratori migranti
28. Gli Stati partecipanti ribadiscono che i diritti dell’uomo sono universali e indivisibili. Essi hanno riconosciuto che la tutela e la promozione dei diritti dei lavoratori migranti rientrano nella dimensione umana. Essi sottolineano il diritto dei lavoratori migranti di dare libera espressione alle loro caratteristiche etniche, culturali, religiose e linguistiche. L’esercizio di tali diritti potrà essere soggetto alle restrizioni previste dalla legge e conformi alle norme internazionali.
29. Essi hanno deciso che dovrebbero essere adottate misure appropriate per prevenire più effi- cacemente gli attacchi razzisti ed altre manifestazioni di intolleranza violenta contro i lavoratori migranti e le loro famiglie.
30. Essi riconfermano la loro condanna di tutti gli atti di discriminazione per motivi di razza, colore e origine etnica, intolleranza e xenofobia nei confronti dei lavoratori migranti. Essi, con- formemente alle legislazioni nazionali e agli obblighi internazionali, continueranno ad adottare misure efficaci a tal fine.
31. Essi continueranno a promuovere l’integrazione dei lavoratori migranti nelle società dei paesi in cui sono legalmente residenti. Riconoscono che il successo del processo di integrazione dipende anche dalla volontà degli stessi lavoratori migranti di perseguire attivamente tale integrazione ed hanno pertanto deciso di incoraggiarli in tal senso.
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Migrazione
32. Gli Stati partecipanti esprimono la loro preoccupazione per i massicci movimenti migratori nella regione della CSCE, che comportano milioni di rifugiati e profughi, dovuti principalmente a guerre, conflitti armati, guerre civili e gravi violazioni dei diritti dell’uomo. Tenendo conto delle Decisioni del Consiglio di Roma 1993, essi decidono di ampliare la loro cooperazione a tale riguardo con i competenti organismi internazionali.
Essi prendono atto delle iniziative intraprese d all’UNHCR al fine di preparare una conferenza regio- nale che affronti i problemi dei rifugiati, dei profughi, dei rimpatriati e di altre forme di spostamento involontario nei paesi della Comunità di Stati Indipendenti (CSI) e negli Stati limitrofi interessati.
Diritto umanitario internazionale
33. Gli Stati partecipanti deplorano vivamente la serie di flagranti violazioni del diritto umanitario internazionale verificatesi nella regione della CSCE negli ultimi anni e riaffermano il loro impegno di rispettare e assicurare il rispetto del diritto umanitario internazionale in generale e, in parti- colare, dei loro obblighi assunti in base ai pertinenti strumenti internazionali, inclusi le Conven- zioni di Ginevra del 1949 e i relativi protocolli aggiuntivi, di cui sono parte.
34. Essi sottolineano la potenziale importanza di una dichiarazione sugli standard umanitari minimi applicabili a tutte le situazioni e dichiarano la loro intenzione di partecipare attivamente alla sua preparazione nel quadro delle Nazioni Unite. S’impegnano ad assicurare informazioni e addestra- mento adeguati nell’ambito dei loro servizi militari per quanto riguarda le norme di diritto umani- tario internazionale e ritengono che dovrebbero essere rese disponibili le pertinenti informazioni.
35. Essi apprezzano vivamente l’intensificarsi della cooperazione fra la CSCE e il Comitato Interna- zionale della Croce Rossa (ICRC), in particolare nel caso delle missioni CSCE, esprimono compia- cimento per la disponibilità d ell’ICRC a sviluppare ulteriormente tale cooperazione e si impegnano a fornire un sostegno ancora più ampio a ll’ICRC in particolare rafforzando i contatti già instau- rati fra le missioni CSCE e le delegazioni d ell’ICRC sul terreno.
Libertà di espressione/Libertà dei mezzi d’informazione
36. Gli Stati partecipanti riaffermano che la libertà di espressione è un diritto fondamentale dell’uomo ed una componente essenziale di una società democratica. A tale riguardo, mezzi di infor- mazione indipendenti e pluralisti sono essenziali per una società libera e aperta e sistemi di governo responsabili. Essi assumono quale principio guida la salvaguardia di tale diritto.
37. Essi condannano tutti gli attacchi e le molestie ai giornalisti e si adopereranno affinché i diretti responsabili di tali attacchi e molestie ne rispondano.
38. Essi rilevano inoltre che l’uso dei mezzi d’informazione per fomentare l’odio e la tensione etnica, specialmente ad opera dei governi, può servire da preallarme di un conflitto.
Libertà di movimento/Contatti fra persone/Retaggio culturale
39. Gli Stati partecipanti incoraggeranno e agevoleranno ulteriormente i contatti fra persone, gli scambi culturali ed educativi e la cooperazione conformemente alle disposizioni CSCE. Essi con- tinueranno ad attuare i loro impegni in campo culturale, enunciati nel Documento del Simposio di Cracovia sul Retaggio Culturale degli Stati partecipanti alla CSCE e in altri pertinenti documenti
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CSCE. Essi incoraggeranno le iniziative pubbliche e private miranti a preservare il retaggio cul- turale dei loro Stati.
40. Essi incoraggeranno le autorità amministrative che si occupano dei cittadini di altri Stati ad attuare pienamente gli impegni CSCE concernenti i viaggi e si asterranno da trattamenti degra- danti e da altri oltraggi contro la dignità personale. Essi prenderanno in considerazione l’esigenza di elaborare un documento contenente le pertinenti disposizioni CSCE.
41. Il Consiglio Permanente valuterà la possibilità di tenere riunioni informali sulle questioni di cui ai due precedenti paragrafi.
Programma di Supporto Coordinato
42. Gli Stati partecipanti, considerando i progressi ottenuti negli ultimi due anni nell’attuazione del Programma di Supporto Coordinato con il coordinamento d ell’ODIHR, hanno deciso di pro- seguire tale programma. L’ODIHR e il Segretario Generale continueranno ad organizzare riunioni e seminari su questioni attinenti alla CSCE al fine di consentire agli Stati interessati di adempiere più agevolmente ai loro impegni CSCE. Gli Stati partecipanti continueranno a inserire rappresen- tanti di tali Stati negli stages e nei programmi di studio e addestramento patrocinati dai governi, al fine di elevare i livelli di esperienza, conoscenza e competenze in tali Stati.
43. Essi hanno concordato di sviluppare ulteriormente la capacità dell’ODIHR di mettere a dispo- sizione la sua ampia esperienza su questioni relative alla dimensione umana in base al Programma di Supporto Coordinato. Al fine di far fronte alle richieste di consulenza da parte dei nuovi Stati indipendenti interessati a tutti gli aspetti della democratizzazione, essi hanno deciso che l’im- piego di esperti itineranti nel quadro del Programma di Supporto Coordinato costituirebbe un utile potenziamento del ruolo d ell’ODIHR.
142 Documento di Lisbona (Vertice dei capi di Stato o di governo)
Lisbona 1996
Dichiarazione del vertice di Lisbona (…)
3. Riaffermiamo i principi OSCE enunciati nell’Atto Finale di Helsinki e gli altri impegni OSCE. Riteniamo che l’osservanza di tutti questi principi e l’attuazione di tutti gli impegni debbano essere migliorate e costantemente riesaminate. Riconosciamo che seri rischi e sfide, quali quelli posti alla nostra sicurezza e sovranità, continuano a costituire la nostra principale preoccupazione. Siamo impegnati ad affrontarli.
4. Il rispetto per i diritti dell’uomo rimane fondamentale per il nostro concetto di democrazia e per il processo di democratizzazione sanciti nella Carta di Parigi. Siamo determinati a consolidare i pro- gressi democratici dei mutamenti verificatisi a partire dal 1989 e a gestirne pacificamente l’ulteriore sviluppo nella regione d ell’OSCE. Coopereremo per il rafforzamento delle istituzioni democratiche.
9. L’approccio globale dell’OSCE alla sicurezza richiede il miglioramento dell’attuazione di tutti gli impegni nel campo della dimensione umana, in particolare per quanto riguarda i diritti dell’uomo e le libertà fondamentali. Esso consoliderà ulteriormente i valori comuni di una società libera e democratica in tutti gli Stati partecipanti, quale fondamento essenziale per la nostra sicurezza comune. Fra i problemi impellenti nell’ambito della dimensione umana, le continue violazioni dei diritti dell’uomo, quali le migrazioni involontarie, la mancanza di una piena democratizza- zione, le minacce all’indipendenza dei media, le frodi elettorali, le manifestazioni di nazionalismo aggressivo, razzismo, sciovinismo, xenofobia e antisemitismo continuano a mettere in pericolo la stabilità nella regione dell’OSCE. Ci impegniamo a proseguire le nostre attività volte a fronteg- giare tali problemi.
10. Di fronte alle recenti tragedie dei rifugiati nella regione dell’OSCE e tenendo conto della que- stione delle migrazioni forzate, condanniamo nuovamente e ci impegniamo ad astenerci da qual- siasi politica di “pulizia etnica” o di espulsione di massa. I nostri Stati faciliteranno il ritorno, in condizioni dignitose e di incolumità, dei rifugiati e degli sfollati all’interno del proprio paese, conformemente alle norme internazionali. La loro reintegrazione nei luoghi di origine deve essere proseguita senza discriminazioni. Esprimiamo apprezzamento per l’opera del Consulente per le Migrazioni d ell’ODIHR e gli assicuriamo il nostro appoggio per la sua costante attività nel per- seguire il Programma di Azione, concordato nella Conferenza Regionale del maggio 1996, per far fronte ai problemi dei rifugiati, dei profughi, di altre forme di trasferimento involontario e dei rimpatriati negli Stati pertinenti.
11. La libertà della stampa e dei media fanno parte dei prerequisiti fondamentali per società vera- mente democratiche e civili. Nell’Atto Finale di Helsinki ci siamo impegnati a rispettare tale principio. È necessario rafforzare l’attuazione degli impegni OSCE nel campo dei media, tenendo conto, ove appropriato, dell’attività di altre organizzazioni internazionali. Incarichiamo pertanto
143 Lisbona 1996
il Consiglio Permanente di considerare i mezzi per concentrarsi maggiormente sull’attuazione degli impegni OSCE nel campo dei media, nonché di elaborare un mandato, per la nomina di un rap- presentante OSCE che si occupi della libertà dei media, da sottoporre non oltre la data del Con- siglio dei Ministri del 1997. (…)
Dichiarazione di Lisbona su un modello di sicurezza comune e globale per l’Europa del ventunesimo secolo
1. Noi Capi di Stato e di Governo degli Stati partecipanti a ll’OSCE, riuniti qui a Lisbona, cre- diamo che la storia ci abbia offerto un’opportunità senza precedenti. La libertà, la democrazia e la cooperazione fra le nostre nazioni e i nostri popoli rappresentano attualmente le fondamenta della nostra sicurezza comune. Siamo determinati a imparare delle tragedie del passato e a tra- sferire nella realtà la nostra visione di un futuro di cooperazione tramite la creazione di uno spa- zio di sicurezza comune privo di linee di demarcazione in cui tutti gli Stati siano partner uguali.
2. Affrontiamo importanti sfide, ma le affrontiamo tutti insieme. Tali sfide riguardano la sicurezza e la sovranità degli Stati nonché la stabilità delle nostre società. I diritti dell’uomo non sono pie- namente rispettati in tutti gli Stati d ell’OSCE.
Le tensioni etniche, il nazionalismo aggressivo, le violazioni dei diritti delle persone apparte- nenti a minoranze nazionali, nonché le serie difficoltà della transizione economica sono in grado di minacciare la stabilità e possono anche estendersi ad altri Stati. Il terrorismo, il crimine orga- nizzato, il traffico di droga e di armi, le migrazioni incontrollate e i danni ambientali sono motivo di crescente preoccupazione per l’intera comunità d ell’OSCE.
3. Traendo forza dalla nostra diversità, affronteremo tali sfide insieme, tramite l ’OSCE e nella par- tnership con altre organizzazioni internazionali. Il nostro approccio consiste in una sicurezza coo- perativa basata sulla democrazia, sul rispetto dei diritti dell’uomo, sulle libertà fondamentali e sullo stato di diritto, sull’economia di mercato e sulla giustizia sociale. Esso esclude qualsiasi ricerca di predominio. Implica la fiducia reciproca e la soluzione pacifica delle controversie. (…)
5. Riconosciamo che, nell’ambito dell’OSCE, gli Stati sono responsabili di fronte ai loro cittadini e gli uni verso gli altri dell’attuazione degli impegni OSCE.
6. Ci impegniamo congiuntamente: • ad agire con solidarietà per promuovere la piena applicazione dei principi e degli impegni dell’OSCE sanciti nell’Atto Finale di Helsinki, nella Carta di Parigi e in altri documenti CSCE/ OSCE; (…) 10. (…) è ora nostro compito intensificare la nostra cooperazione per il futuro. A tal fine: • incoraggiamo iniziative bilaterali o regionali miranti a sviluppare relazioni di buon vicinato e cooperazione. In tale contesto, l’OSCE potrebbe vagliare un complesso di misure miranti a rafforzare la fiducia e la sicurezza a sostegno dei processi di sicurezza regionale. Continueremo a seguire l’applicazione del Patto sulla Stabilità in Europa. Tavole rotonde regionali potranno costituire mezzi utili di diplomazia preventiva.
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• Quale importante contributo alla sicurezza riaffermiamo la nostra determinazione a rispettare e ad attuare pienamente tutti i nostri impegni relativi ai diritti delle persone appartenenti a mino- ranze nazionali. Riaffermiamo la nostra volontà di cooperare pienamente con l’Alto Commis- sario per le Minoranze Nazionali. Siamo disposti a rispondere alla richiesta di qualsiasi Stato partecipante che cerchi soluzioni per le questioni relative alle minoranze sul suo territorio. (…)
145 Documento della Sesta Riunione del Consiglio dei Ministri Copenhagen 1997
II. Decisioni della Riunione del Consiglio dei Ministri di Copenhagen (…)
Decisione sulla nomina del Rappresentante OSCE per la Libertà dei Mezzi d’Informazione
conformemente alla Decisione N.193 del Consiglio Permanente e tenendo conto della raccoman- dazione del Presidente in esercizio,
decide di nominare il Sig. Freimut Duve Rappresentante OSCE per la Libertà dei Mezzi d’Infor- mazione per un periodo di tre anni con effetto dall’1 gennaio 1998.
Allegato
Decisione n.193 del Consiglio Permanente
Mandato del Rappresentante OSCE per la Libertà dei Mezzi d’Informazione
1. Gli Stati partecipanti riaffermano i principi e gli impegni cui hanno aderito nel campo della libertà dei mezzi d’informazione. Essi ribadiscono in particolare che la libertà di espressione è un diritto fondamentale dell’uomo riconosciuto internazionalmente, nonché una componente basi- lare di una società democratica, e che mezzi d’informazione liberi, indipendenti e pluralisti sono essenziali per una società libera e aperta e per sistemi di governo responsabili. Gli Stati parteci- panti, tenendo presenti i principi e gli impegni sottoscritti in ambito OSCE e pienamente impegnati nell’attuazione del paragrafo 11 della Dichiarazione del Vertice di Lisbona, decidono di istituire, sotto l’egida del Consiglio Permanente, un Rappresentante OSCE per la libertà dei mezzi d’infor- mazione. Obiettivo di tale decisione è rafforzare l’attuazione dei pertinenti principi ed impegni OSCE nonché migliorare l’efficacia di azioni concertate da parte degli Stati partecipanti, basate sui loro valori comuni. Gli Stati partecipanti confermano che coopereranno pienamente con il Rap- presentante OSCE per la libertà dei mezzi d’informazione. Il Rappresentante assisterà gli Stati par- tecipanti, in uno spirito di cooperazione, nel loro costante impegno per la promozione di mezzi d’informazione liberi, indipendenti e pluralisti.
2. Basandosi sui principi e sugli impegni dell’OSCE, il Rappresentante OSCE per la libertà dei mezzi d’informazione osserverà gli sviluppi pertinenti nel campo dei mezzi d’informazione in tutti gli Stati partecipanti e, su tale base, di concerto con il Presidente in esercizio, favorirà e promuo- verà la piena osservanza dei principi e degli impegni OSCE relativi alla libertà di espressione e alla libertà dei mezzi d’informazione. A tale riguardo, il Rappresentante assumerà funzioni di preal- larme ed esaminerà problemi gravi provocati, tra l’altro, da ostruzioni all’attività dei mezzi d’in- formazione e da condizioni di lavoro sfavorevoli per i giornalisti. Il Rappresentante coopererà in
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stretta relazione con gli Stati partecipanti, con il Consiglio Permanente, con l’Ufficio per le Isti- tuzioni Democratiche e i Diritti dell’Uomo (ODIHR), con l’Alto Commissario per le Minoranze Nazionali e, se del caso, con gli altri organi OSCE nonché con le associazioni nazionali e interna- zionali dei mezzi d’informazione.
3. Il Rappresentante OSCE per la libertà dei mezzi d’informazione si occuperà, come indicato in questo paragrafo, di reagire in modo rapido a gravi inosservanze, da parte degli Stati partecipanti, dei principi e degli impegni OSCE relativi alla libertà di espressione e alla libertà dei mezzi d’in- formazione. In caso di presunta grave inosservanza dei suddetti principi e impegni, il Rappre- sentante OSCE per la libertà dei mezzi d’informazione ricercherà contatti diretti, nella maniera appropriata, con lo Stato partecipante e con le altre parti interessate, accerterà i fatti, assisterà lo Stato partecipante e contribuirà alla risoluzione della questione. Inoltre terrà il Presidente in eser- cizio al corrente delle proprie attività e riferirà al Consiglio Permanente in merito ai risultati otte- nuti nonché alle proprie osservazioni e raccomandazioni.
4. Il Rappresentante OSCE per la libertà dei mezzi d’informazione non esercita una funzione giu- ridica; il suo intervento non può pregiudicare in alcun modo le procedure giuridiche nazionali o internazionali riguardanti presunte violazioni dei diritti dell’uomo. Parimenti, le procedure nazionali o internazionali relative a presunte violazioni dei diritti dell’uomo non precluderanno necessariamente l’attuazione dei compiti del Rappresentante, come indicati nel presente mandato.
5. Il Rappresentante OSCE per la libertà dei mezzi d’informazione potrà raccogliere e ricevere infor- mazioni sulla situazione dei mezzi d’informazione da fonti degne di fede. Si avvarrà, in partico- lare, di informazioni e valutazioni fornite dall’ODIHR. Il Rappresentante OSCE per la libertà dei mezzi d’informazione fornirà il proprio sostegno a ll’ODIHR nell’accertare le condizioni necessa- rie per il funzionamento di mezzi d’informazione liberi, indipendenti e pluralisti prima, durante e dopo le elezioni.
6. Il Rappresentante OSCE per la libertà dei mezzi d’informazione potrà in qualsiasi momento raccogliere e ricevere dagli Stati partecipanti e da altre parti interessate (per esempio, da organiz- zazioni o istituzioni, dai mezzi d’informazione e dai loro rappresentanti, nonché dalle competenti ONG) richieste, suggerimenti e commenti relativi al rafforzamento e all’ulteriore sviluppo dell’os- servanza dei pertinenti principi e impegni OSCE, così come ai casi di presunta grave intolleranza da parte di Stati partecipanti che utilizzino i mezzi d’informazione in violazione dei principi con- tenuti nel Documento di Budapest, Capitolo VIII, paragrafo 25 e nelle Decisioni della Riunione del Consiglio di Roma, Capitolo X. Il Rappresentante potrà trasmettere richieste, suggerimenti e com- menti al Consiglio Permanente, raccomandando ulteriori azioni, se del caso.
7. Inoltre, il Rappresentante OSCE per la libertà dei mezzi d’informazione si consulterà abitual- mente con il Presidente in esercizio e riferirà regolarmente al Consiglio Permanente. Potrà essere invitato a presentare rapporti al Consiglio Permanente nell’ambito del presente mandato, su que- stioni specifiche relative alla libertà di espressione e a mezzi d’informazione liberi, indipendenti e pluralisti. Presenterà annualmente rapporti alla Riunione sull’Attuazione delle questioni rela- tive alla Dimensione Umana o alla Riunione di Riesame OSCE circa lo stato di attuazione dei principi e degli impegni OSCE relativi alla libertà di espressione e dei mezzi d’informazione negli Stati partecipanti.
8. Il Rappresentante OSCE per la libertà dei mezzi d’informazione non comunicherà e non acco- glierà comunicazioni da qualsiasi persona od organizzazione che pratichi o giustifichi pubblica- mente il terrorismo o la violenza.
147 Copenhagen 1997
9. Il Rappresentante OSCE per la libertà dei mezzi d’informazione sarà una eminente persona- lità a livello internazionale, con lunga esperienza in materia, che garantisca l’esercizio imparziale della funzione. Nell’esercizio delle sue funzioni, il Rappresentante OSCE per la libertà dei mezzi d’informazione sarà guidato dalla propria valutazione indipendente ed obiettiva dei singoli para- grafi del presente mandato.
10. Il Rappresentante OSCE per la libertà dei mezzi d’informazione prenderà in considerazione casi gravi di violazioni attinenti al presente mandato che si verifichino nello Stato partecipante di cui è cittadino o residente, qualora concordino tutte le parti direttamente coinvolte, incluso lo Stato partecipante in questione. In mancanza di detto accordo, la questione sarà deferita al Presidente in esercizio che potrà nominare un Rappresentante Speciale per esaminare tale particolare caso.
11. Il Rappresentante OSCE per la libertà dei mezzi d’informazione coopererà, sulla base di con- tatti regolari, con le competenti organizzazioni internazionali, incluse le Nazioni Unite e relative agenzie specializzate, nonché il Consiglio d’Europa, al fine di intensificare il coordinamento ed evitare duplicazioni.
12. Il Rappresentante OSCE per la libertà dei mezzi d’informazione sarà nominato, conformemente alle procedure OSCE, dal Consiglio dei Ministri su raccomandazione del Presidente in esercizio, previa consultazione con gli Stati partecipanti. Svolgerà le proprie funzioni per un periodo di tre anni, che potrà essere prolungato, con la medesima procedura, per un ulteriore triennio.
13. Il Rappresentante OSCE per la libertà dei mezzi d’informazione sarà insediato e provvisto di per- sonale conformemente al presente mandato e allo Statuto del Personale OSCE. Il Rappresentante OSCE per la libertà dei mezzi d’informazione e il suo Ufficio saranno finanziati dagli Stati parte- cipanti tramite il bilancio OSCE, conformemente al Regolamento finanziario dell’OSCE. I detta- gli saranno elaborati dal Comitato Finanziario informale ed approvati dal Consiglio Permanente.
14. L’Ufficio del Rappresentante OSCE per la libertà dei mezzi d’informazione avrà sede a Vienna.
148 Documento della Settima Riunione del Consiglio dei Ministri Oslo 1998
III. Decisioni della Riunione del Consiglio dei Ministri di Oslo (…)
Decisione sul potenziamento delle capacità dell’OSCE concernenti le questioni relative ai Rom e ai Sinti Il Consiglio dei ministri,
considerando gli esistenti impegni d ell’OSCE riguardanti i Rom e i Sinti, e ricordando la decisione adottata nel Vertice di Budapest di nominare nell’ambito d ell’ODIHR un Punto di contatto per le questioni relative ai Rom e ai Sinti (zingari),
1. decide di potenziare le capacità dell’OSCE riguardanti tali questioni rafforzando l’esistente Punto di contatto ODIHR per le questioni relative ai Rom e ai Sinti, fra le cui priorità vi saranno le seguenti: • potenziare l’interazione d ell’OSCE con i governi degli Stati partecipanti, con i rappresentanti delle comunità dei Rom e dei Sinti, nonché con le organizzazioni internazionali, le iniziative e le ONG pertinenti per le questioni dei Rom e dei Sinti, e in particolare assicurare l’ulteriore, reciproco rafforzamento della cooperazione con il Coordinatore per i Rom in seno al Consiglio d’Europa al fine di evitare la duplicazione degli sforzi, compreso lo svolgimento di consulta- zioni regolari con tali organizzazioni, iniziative e ONG al fine di sviluppare sinergie e approcci comuni volti a facilitare la piena integrazione delle comunità dei Roma e dei Sinti nelle società in cui essi vivono, preservandone l’identità; • intensificare la cooperazione fra le Istituzioni e le Missioni/presenze OSCE sul territorio in rife- rimento ai Rom e ai Sinti, se del caso; • sviluppare, grazie all’apporto degli Stati partecipanti, delle Istituzioni OSCE e in particolare dell’ACMN, delle comunità dei Rom e dei Sinti, delle ONG e delle organizzazioni internazio- nali e di altre istituzioni e iniziative, un programma di lavoro che includa, fra l’altro, seminari, gruppi di studio e centri di coordinamento; • raccogliere informazioni degli Stati partecipanti su misure legislative e di altro genere relative alla situazione dei Rom e dei Sinti, al fine di renderle disponibili alla comunità dell’OSCE, non- ché ad altre organizzazioni internazionali interessate, ed elaborare rapporti integrativi sulla situazione dei Rom e dei Sinti nell’area d ell’OSCE;
2. decide inoltre che il Punto di contatto si occupi esclusivamente delle questioni concernenti i Rom e i Sinti.
3. Incarica il Consiglio Permanente di elaborare modalità appropriate per assicurare le risorse ade- guate necessarie per attuare tale decisione.
149 Documento di Istanbul (Vertice dei capi di Stato o di governo)
Istanbul 1999
Dichiarazione del vertice di Istanbul (…)
2. (…) Ribadiamo senza riserve il nostro impegno di rispettare i diritti umani e le libertà fonda- mentali e di astenerci da qualsiasi forma di discriminazione. Ribadiamo inoltre il nostro rispetto delle norme di diritto umanitario internazionale. Assicuriamo il nostro impegno di intensifi- care gli sforzi per prevenire i conflitti nell’area OSCE e, quando questi si verifichino, per risolverli pacificamente. Opereremo in stretta collaborazione con altre organizzazioni ed istituzioni inter- nazionali sulla base della Piattaforma per una Sicurezza Cooperativa, da noi adottata quale parte della nostra Carta. (…)
6. (…) Sottolineiamo l’importanza del rispetto dello stato di diritto e di sforzi energici volti a com- battere il crimine organizzato e la corruzione che costituiscono una grave minaccia per le riforme e la prosperità economica. Restiamo impegnati a promuovere il ritorno dei rifugiati e degli sfol- lati, in particolare il ritorno delle minoranze
7. (…) Auspichiamo più rapidi progressi per quanto riguarda il ritorno dei rifugiati e dei profu- ghi e l’attuazione dei pertinenti standard internazionali, in particolare quelli concernenti la parità di trattamento indipendentemente dalla appartenenza etnica, la libertà dei mezzi di informazione e le elezioni libere e imparziali. (…)
26. Siamo impegnati ad adoperarci affinché il notevole numero di elezioni in programma si svolga in modo libero e imparziale, conformemente ai principi e agli impegni OSCE. E’ questo l’unico modo per fornire una base stabile allo sviluppo democratico. Apprezziamo il ruolo svolto dall’ODIHR nell’assistere i paesi a sviluppare una legislazione elettorale in armonia con i principi e gli impe- gni OSCE e conveniamo di dare seguito tempestivamente alle sue valutazioni e raccomandazioni in materia elettorale. Riconosciamo il valore dell’attività dell’OSCE e dell’Assemblea Parlamen- tare dell’OSCE – prima, durante e dopo le elezioni – che contribuisce ulteriormente al processo democratico. Siamo impegnati a garantire il pieno diritto di voto alle persone appartenenti alle minoranze e ad agevolare il diritto dei profughi a partecipare alle elezioni convocate nei loro paesi di origine. Ci impegniamo ad assicurare una competizione equa tra candidati e tra partiti, anche mediante il loro accesso ai media, e il rispetto del diritto di riunione.
27. Ci impegniamo a garantire la libertà dei media quale condizione fondamentale per società plu- ralistiche e democratiche. Siamo profondamente preoccupati per lo sfruttamento dei media nelle zone di conflitto a scopo di fomentare l’odio e la tensione etnica nonché per il ricorso a restri- zioni legali e vessazioni miranti a privare i cittadini di mezzi di informazione liberi. Sottolineiamo la necessità di garantire la libertà di espressione che costituisce un elemento essenziale del dibattito
150 Istanbul 1999
politico in qualsiasi democrazia. Sosteniamo l’Ufficio del Rappresentante per la libertà dei mezzi d’informazione nei suoi sforzi volti a promuovere mezzi d’informazione liberi e indipendenti. 28. In occasione del decimo anniversario dell’adozione della Convenzione sui Diritti del Bambino e mettendo in pratica gli impegni OSCE di Copenaghen, ci impegniamo a promuovere attivamente i diritti e gli interessi dei bambini, specialmente in situazioni di conflitto e postconflittuali. Nei lavori d ell’OSCE ci occuperemo regolarmente dei diritti dei bambini (…). Presteremo partico- lare attenzione al benessere fisico e psicologico dei bambini coinvolti o colpiti da conflitti armati. (…)
30. Ribadiamo il nostro impegno ad assicurare che le leggi e le politiche rispettino pienamente i diritti delle persone appartenenti a minoranze nazionali, in particolare per quanto riguarda que- stioni attinenti all’identità culturale. Evidenziamo, in modo particolare, l’esigenza che le leggi e le politiche concernenti i diritti all’istruzione, linguistici e di partecipazione delle persone appar- tenenti a minoranze nazionali siano conformi agli standard e alle convenzioni internazionali applicabili. Sosteniamo inoltre l’adozione e la piena applicazione di una legislazione globale anti- discriminatoria volta a promuovere la piena uguaglianza di opportunità per tutti. Apprezziamo il lavoro di fondamentale importanza svolto dall’Alto Commissario per le Minoranze Nazionali. Riaffermiamo la nostra volontà di potenziare gli sforzi volti ad attuare le raccomandazioni dell’Alto Commissario per le Minoranze Nazionali.
31. Deploriamo la violenza ed altre manifestazioni di razzismo e discriminazione nei confronti delle minoranze, inclusi i Rom e i Sinti. Ci impegniamo ad assicurare che le leggi e le politiche rispettino pienamente i diritti dei Rom e dei Sinti e, ove necessario, a promuovere una legislazione antidiscriminatoria a tale scopo. Sottolineiamo l’importanza di prestare particolare attenzione ai problemi connessi all’emarginazione sociale dei Rom e dei Sinti. Tali questioni costituiscono pre- valentemente una responsabilità degli Stati partecipanti interessati. Sollecitiamo il ruolo essen- ziale che il Punto di Contatto dell’ODIHR per le questioni relative ai Rom e ai Sinti può svolgere nel fornire supporto. Un’ulteriore utile iniziativa a tale riguardo potrebbe essere l’elaborazione da parte del Punto di Contatto di un piano d’azione per attività mirate, redatto in cooperazione con l’Alto Commissario per le Minoranze Nazionali e con altre istituzioni operanti in tale campo, in particolare il Consiglio d’Europa.
32. In linea con il nostro impegno a garantire la piena uguaglianza tra donne e uomini, auspichiamo la tempestiva approvazione e attuazione di un piano d’azione d ell’OSCE sulle pari opportunità. (…)
37. Nella Carta abbiamo ribadito il nostro impegno a favore dello stato di diritto e sottolineato la necessità di combattere la corruzione. Incarichiamo il Consiglio Permanente di esaminare in quale modo sia possibile contribuire nel migliore dei modi agli sforzi intrapresi per combattere la corruzione, tenendo conto delle iniziative di altre organizzazioni, quali l’Organizzazione per la Cooperazione e lo Sviluppo Economico, il Consiglio d’Europa e le Nazioni Unite. I risultati di tali lavori saranno presentati alla Riunione del Consiglio dei Ministri del 2000. (…)
151 Istanbul 1999
Carta per la sicurezza europea (…)
I. Le nostre sfide comuni
2. L’ultimo decennio del ventesimo secolo ha registrato notevoli conquiste nell’area dell’OSCE, la cooperazione è subentrata ai precedenti antagonismi, ma il pericolo di conflitti tra Stati non è stato eliminato. Abbiamo superato le antiche divisioni europee, ma sono emersi nuovi rischi e nuove sfide. Dall’epoca della firma della Carta di Parigi, appare sempre più evidente che le minacce alla nostra sicurezza possono derivare da conflitti interni agli Stati, come da conflitti tra Stati. Abbiamo assistito a conflitti, spesso conseguenza di violazioni flagranti delle norme e dei principi OSCE. Siamo stati testimoni di un genere di atrocità che pensavamo ormai relegate al passato. In que- sto decennio è divenuto evidente che tali conflitti possono costituire una minaccia alla sicurezza di tutti gli Stati partecipanti a ll’OSCE.
3. Siamo decisi a trarre insegnamento dai pericoli di antagonismi e divisioni tra gli Stati, nonché dalle tragedie dello scorso decennio. La sicurezza e la pace devono essere potenziate mediante un approccio che combini due elementi fondamentali: il rafforzamento della fiducia tra le popolazioni all’interno degli Stati e il potenziamento della cooperazione tra gli Stati. Potenzieremo pertanto gli strumenti esistenti e ne creeremo di nuovi al fine di fornire assistenza e consulenza. Intensifi- cheremo i nostri sforzi per assicurare il pieno rispetto dei diritti dell’uomo e delle libertà fonda- mentali, compresi i diritti delle persone appartenenti a minoranze nazionali. Potenzieremo, nel contempo, la nostra capacità di rafforzare la fiducia e la sicurezza tra gli Stati. Siamo decisi a svi- luppare i mezzi a nostra disposizione per risolvere in modo pacifico le loro controversie.
4. Terrorismo internazionale, estremismo violento, crimine organizzato e traffico di droga rappre- sentano crescenti sfide alla sicurezza. Quale ne sia la motivazione, il terrorismo, in tutte le sue forme e manifestazioni, è inaccettabile. Intensificheremo i nostri sforzi volti a prevenire la progettazione e il finanziamento di qualsiasi atto terroristico sui nostri territori e impediremo che i terroristi trovino rifugi sicuri. L’accumulazione eccessiva e destabilizzante e la proliferazione incontrollata di armi portatili e leggere rappresentano una minaccia per la pace e la sicurezza. Ci impegniamo ad intensificare i nostri sforzi per tutelarci nei confronti di questi nuovi rischi e sfide: istituzioni democratiche solide e lo stato di diritto costituiscono il cardine di tale protezione. Siamo inoltre decisi a cooperare più attivamente e strettamente l’uno con l’altro per affrontare insieme tali sfide.
5. Gravi problemi economici e degrado ambientale possono comportare serie conseguenze per la nostra sicurezza. La cooperazione nei settori dell’economia, della scienza e della tecnologia nonché dell’ambiente sarà di cruciale importanza. Potenzieremo le nostre risposte a tali minacce mediante la costante attuazione di riforme economiche e ambientali, assicurando strutture stabili e trasparenti per l’attività economica e promuovendo le economie di mercato, tenendo presenti, nel contempo, i diritti economici e sociali. Apprezziamo il processo di trasformazione economica senza precedenti in corso in numerosi Stati partecipanti. Li incoraggiamo a persistere in tale pro- cesso di riforma che contribuirà alla sicurezza e alla prosperità dell’intera regione d ell’OSCE. Accresceremo i nostri sforzi in tutte le dimensioni d ell’OSCE per combattere la corruzione e pro- muovere lo stato di diritto.
6. Ribadiamo che la sicurezza nelle zone vicine, in particolare nell’area mediterranea, nonché in regioni direttamente adiacenti agli Stati partecipanti, quali quelle dell’Asia centrale, costituisce un fattore di crescente importanza per l ’OSCE. Riconosciamo che l’instabilità in tali aree rappre- senta una minaccia diretta per la sicurezza e la prosperità degli Stati OSCE.
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II. I nostri comuni fondamenti
7. Riaffermiamo la nostra piena adesione alla Carta delle Nazioni Unite e all’Atto Finale di Hel- sinki, alla Carta di Parigi nonché a tutti gli altri documenti OSCE da noi concordati. Tali docu- menti rappresentano i nostri impegni comuni e sono il fondamento della nostra opera. Essi ci hanno aiutato a porre fine agli antichi antagonismi in Europa e a promuovere una nuova era di demo- crazia, di pace e di solidarietà in tutta l’area dell’OSCE. Essi hanno instaurato norme chiare per le relazioni reciproche fra gli Stati partecipanti e fra questi e tutte le persone nell’ambito dei rispet- tivi territori. Tutti gli impegni OSCE, senza eccezione, sono applicabili nello stesso modo a tutti gli Stati partecipanti. La loro attuazione in buona fede è essenziale per le relazioni tra Stati, tra governi e rispettivi popoli, nonché tra le organizzazioni di cui essi sono membri. Gli Stati parte- cipanti sono responsabili, nei confronti dei propri cittadini e nei confronti di ciascun altro Stato partecipante, dell’attuazione degli impegni OSCE. Consideriamo tali impegni una nostra realiz- zazione comune e pertanto riteniamo che siano questioni di immediato e legittimo interesse per tutti gli Stati partecipanti. (…)
9. Svilupperemo le nostre relazioni conformemente al concetto di sicurezza comune e globale, gui- dati da principi di partnership paritaria, solidarietà e trasparenza. La sicurezza di ogni Stato par- tecipante è indissolubilmente legata a quella di tutti gli altri. Considereremo le dimensioni umana, economica, politica e militare della sicurezza come un tutto integrale. (…)
III. La nostra risposta comune (…)
Solidarietà e partnership
14. La pace e la sicurezza nella nostra regione sono meglio garantite dalla volontà e dalla capa- cità di ciascuno Stato partecipante di sostenere la democrazia, lo stato di diritto e il rispetto dei diritti umani. Confermiamo individualmente la nostra volontà di osservare pienamente gli impe- gni assunti. Abbiamo inoltre la responsabilità comune di promuovere i principi OSCE. Siamo per- tanto decisi a cooperare in seno a ll’OSCE e con le sue istituzioni e i suoi rappresentanti e siamo pronti a servirci degli strumenti, dei dispositivi e dei meccanismi d ell’OSCE. Coopereremo in uno spirito di solidarietà e di partnership nel continuo riesame dell’applicazione. Ci impegniamo, oggi, ad adottare misure congiunte basate sulla cooperazione, sia in seno a ll’OSCE che tramite le organizzazioni di cui siamo membri, al fine di offrire assistenza agli Stati partecipanti per inten- sificare la loro osservanza dei principi e degli impegni OSCE. Rafforzeremo gli strumenti coope- rativi esistenti e ne svilupperemo di nuovi per rispondere efficacemente alle richieste di assistenza degli Stati partecipanti. Valuteremo metodi per incrementare ulteriormente l’efficacia dell’Orga- nizzazione nell’affrontare casi di violazione palese, flagrante e continua di tali principi e impegni. (…)
Le nostre istituzioni
17. L’Assemblea Parlamentare è divenuta una delle istituzioni più importanti d ell’OSCE, fornendo costantemente idee e proposte nuove. Apprezziamo il ruolo sempre più significativo che essa svolge, particolarmente nel campo dello sviluppo democratico e del monitoraggio delle elezioni. Invitiamo l’Assemblea Parlamentare a sviluppare ulteriormente le proprie attività quale elemento chiave dei
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nostri sforzi volti alla promozione della democrazia, della prosperità e di una maggiore fiducia all’interno degli Stati partecipanti e fra di loro.
18. L’Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo (ODIHR), l’Alto Commissario per le Minoranze Nazionali (ACMN) e il Rappresentante OSCE per la libertà dei mezzi di infor- mazione sono strumenti essenziali per assicurare il rispetto dei diritti dell’uomo, della democrazia e dello stato di diritto. Il Segretariato OSCE fornisce un’assistenza vitale al Presidente in esercizio e alle attività della nostra Organizzazione, in particolare a quelle sul terreno. Rafforzeremo inoltre ulteriormente le capacità operative del Segretariato OSCE onde consentirgli di affrontare l’amplia- mento delle nostre attività e di assicurare che le operazioni sul terreno funzionino efficacemente e in conformità ai mandati e alle direttive ricevuti. (…)
La dimensione umana
19. Riaffermiamo che il rispetto per i diritti dell’uomo e le libertà fondamentali, la democrazia e lo stato di diritto rappresenta il nucleo centrale del concetto globale di sicurezza d ell’OSCE. Ci impegniamo a contrastare minacce alla sicurezza quali le violazioni dei diritti dell’uomo e delle libertà fondamentali, inclusa la libertà di pensiero, coscienza, religione o credo nonché manifesta- zioni di intolleranza, nazionalismo aggressivo, razzismo, sciovinismo, xenofobia e antisemitismo.
La tutela e la promozione dei diritti delle persone che appartengono alle minoranze nazionali sono fattori essenziali per la democrazia, la pace, la giustizia e la stabilità all’interno degli Stati partecipanti e fra loro. A tale riguardo riaffermiamo i nostri impegni, in particolare ai sensi delle pertinenti disposizioni del Documento sulla Dimensione Umana di Copenaghen del 1990 e ricor- diamo il Rapporto dell’incontro di esperti sulle minoranze nazionali svoltosi a Ginevra nel 1991. Il pieno rispetto per i diritti dell’uomo, ivi inclusi i diritti delle persone che appartengono a mino- ranze nazionali, oltre a rappresentare un fine di per sé può non solo non pregiudicare, ma raffor- zare l’integrità territoriale e la sovranità.
Diversi concetti di autonomia, assieme ad altri approcci in linea con i principi OSCE, enunciati nei documenti summenzionati, costituiscono mezzi per preservare e promuovere l’identità etnica, culturale, linguistica e religiosa delle minoranze nazionali all’interno di un dato Stato. Condan- niamo la violenza nei confronti di qualsiasi minoranza. Ci impegniamo ad adottare misure volte a promuovere la tolleranza e a creare società pluralistiche in cui, indipendentemente dall’origine etnica, tutti possano godere di eguali opportunità. Sottolineiamo che le questioni relative alle minoranze nazionali possono essere risolte in modo soddisfacente solo nell’ambito di un quadro politico democratico basato sullo stato di diritto.
Riaffermiamo di riconoscere che ciascuno ha diritto ad una cittadinanza e che nessuno deve essere privato arbitrariamente della propria cittadinanza. Ci impegniamo a proseguire i nostri sforzi volti a garantire a ciascuno l’esercizio di tale diritto. Ci impegniamo inoltre a promuovere la tutela internazionale degli apolidi.
20. Riconosciamo le particolari difficoltà che i Rom e i Sinti si trovano ad affrontare nonché la necessità di adottare misure efficaci per conseguire, conformemente agli impegni OSCE, una piena uguaglianza di opportunità per le persone appartenenti ai Rom e ai Sinti. Intensificheremo i nostri sforzi per assicurare che i Rom e i Sinti siano in grado di svolgere un ruolo pieno e parita- rio nelle nostre società e per sradicare la discriminazione nei loro confronti.
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21. Ci impegniamo a eliminare la tortura e i trattamenti o le pene crudeli, inumani o degradanti in tutta la regione OSCE. A tal fine, promuoveremo leggi che prevedano salvaguardie e rimedi pro- cedurali e sostanziali per combattere tali pratiche. Assisteremo le vittime e coopereremo in modo appropriato con le competenti organizzazioni internazionali e non governative.
22. Respingiamo qualsiasi politica di pulizia etnica o di espulsione di massa. Riaffermiamo il nostro impegno a rispettare il diritto di chiedere asilo e ad assicurare la tutela internazionale dei rifugiati, conformemente alla Convenzione del 1951 relativa allo status dei rifugiati e al suo Protocollo del 1967, nonché ad agevolare il ritorno volontario dei rifugiati e degli sfollati in condizioni dignitose e di incolumità. Perseguiremo, senza discriminazioni, l’obiettivo della reintegrazione dei rifugiati e degli sfollati nei loro luoghi di origine.
Allo scopo di migliorare la protezione dei civili in situazioni di conflitto ci adopereremo per raf- forzare l’applicazione del diritto umanitario internazionale.
23. L’esercizio pieno e paritario da parte della donna dei propri diritti umani è elemento essenziale per la realizzazione di un’area OSCE più pacifica, prospera e democratica. Ci impegniamo affinché la parità tra uomo e donna divenga parte integrante delle nostre politiche, sia a livello dei nostri Stati che all’interno dell’Organizzazione.
24. Adotteremo misure per eliminare tutte le forme di discriminazione nei confronti della donna e porre fine alle violenze perpetrate contro le donne e i bambini nonché allo sfruttamento sessuale e a tutte le forme di traffico di esseri umani. Al fine di prevenire detti crimini, promuoveremo, fra l’altro, l’adozione o il rafforzamento di leggi che prevedano di processare le persone colpevoli di tali azioni, migliorando altresì la tutela delle vittime. Svilupperemo inoltre ed attueremo misure volte a promuovere i diritti e gli interessi dei bambini nei conflitti armati e nelle situazioni post- belliche, ivi inclusi i bambini profughi e sfollati. Cercheremo i mezzi per prevenire l’arruolamento forzato od obbligatorio di persone di età inferiore ai 18 anni per coinvolgerle in conflitti armati.
25. Riaffermiamo il nostro impegno a tenere elezioni libere e imparziali conformemente agli impegni OSCE, in particolare al Documento di Copenaghen del 1990. Riconosciamo l’importanza dell’as- sistenza che l’ODIHR può fornire agli Stati partecipanti nell’elaborazione ed attuazione di una legislazione elettorale. Conformemente a tali impegni inviteremo alle nostre elezioni osservatori provenienti da altri Stati partecipanti, d all’ODIHR, dall’Assemblea Parlamentare dell’OSCE e da altre competenti istituzioni ed organizzazioni che intendano osservare le nostre procedure eletto- rali. Concordiamo di dar seguito tempestivamente alle valutazioni e raccomandazioni dell’ODIHR concernenti le elezioni.
26. Riaffermiamo l’importanza dell’indipendenza dei media e della libera circolazione delle infor- mazioni nonché dell’accesso del pubblico alle informazioni. Ci impegniamo ad adottare tutte le misure necessarie per garantire le condizioni fondamentali per la libertà e l’indipendenza dei mezzi di informazione e il libero flusso di informazioni attraverso le frontiere e all’interno degli Stati, che noi consideriamo essere componenti essenziali di ogni società democratica, libera ed aperta.
27. Le organizzazioni non governative (ONG) hanno un ruolo vitale da svolgere nella promozione dei diritti dell’uomo, della democrazia e dello stato di diritto. Esse sono parte integrante di una solida società civile. Ci impegniamo a potenziare la capacità delle ONG di contribuire pienamente all’ul- teriore sviluppo della società civile e al rispetto dei diritti dell’uomo e delle libertà fondamentali. (…)
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Stato di diritto e lotta alla corruzione
33. Riaffermiamo il nostro impegno nei confronti dello stato di diritto. Riconosciamo che la cor- ruzione costituisce una notevole minaccia per i nostri valori comuni, generando instabilità e coin- volgendo numerosi aspetti della sicurezza, nonché della dimensione economica e umana. Gli Stati partecipanti si impegnano a incrementare i loro sforzi volti a combattere la corruzione e le condi- zioni che la favoriscono nonché a promuovere un quadro positivo per le pratiche di buon governo e per l’integrità pubblica. Essi utilizzeranno al meglio gli strumenti internazionali esistenti e si assisteranno vicendevolmente nella lotta alla corruzione. Quale parte della sua attività volta a promuovere lo stato di diritto, l ’OSCE collaborerà con quelle ONG che sono impegnate a far cre- scere un forte consenso nell’opinione pubblica e imprenditoriale contro la pratica della corruzione.
IV. I nostri strumenti comuni
Potenziamento del nostro dialogo (…)
36. A testimonianza del nostro spirito di solidarietà e partnership, potenzieremo altresì il dialogo politico al fine di offrire assistenza agli Stati partecipanti, assicurando in tal modo l’ottemperanza agli impegni OSCE. Allo scopo di incoraggiare tale dialogo abbiamo deciso, conformemente alle norme e alle procedure stabilite, di avvalerci maggiormente degli strumenti OSCE, tra cui: (…) • organizzazione di programmi di formazione volti a migliorare gli standard e le prassi, tra l’altro, nel campo dei diritti dell’uomo, della democratizzazione e dello stato di diritto; • esame di questioni concernenti l’osservanza degli impegni OSCE in occasione di riunioni e con- ferenze di riesame e nel Foro Economico; (…)
Operazioni OSCE sul terreno (…)
38. Lo sviluppo di operazioni OSCE sul terreno rappresenta un’importante trasformazione dell’Or- ganizzazione che ha consentito a ll’OSCE di svolgere un ruolo più influente nel promuovere la pace, la sicurezza e l’osservanza degli impegni OSCE. Grazie all’esperienza da noi acquisita, sviluppe- remo e consolideremo ulteriormente tale strumento per svolgere i compiti conformi ai rispettivi mandati che potranno, fra l’altro, includere quanto segue: (…) • osservare l’ottemperanza agli impegni OSCE e, al fine di migliorarla, fornire consigli o racco- mandazioni; • prestare assistenza nell’organizzazione e nel monitoraggio delle elezioni; • fornire sostegno nei settori dello stato di diritto, delle istituzioni democratiche e per il mante- nimento e il ripristino dell’ordine pubblico; (…) • fornire supporto al ripristino e alla ricostruzione di diversi aspetti della società.
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Attività connesse alla polizia
44. Ci adopereremo per rafforzare il ruolo d ell’OSCE nelle attività connesse alla polizia civile quale parte integrante degli sforzi compiuti dall’Organizzazione nella prevenzione dei conflitti, nella gestione delle crisi e nella ricostruzione postconflittuale. Tali attività potranno comprendere: – monitoraggio della polizia, anche allo scopo di impedire che la polizia svolga attività che com- portino discriminazioni basate sull’identità religiosa ed etnica; – addestramento della polizia che potrebbe, tra l’altro, includere i seguenti compiti: – migliorare le capacità operative e tattiche dei servizi di polizia locale e riformare le forze paramilitari; – prevedere nuove e moderne specializzazioni di polizia come un servizio di polizia di quar- tiere, nonché servizi antidroga, anticorruzione e antiterrorismo; – creare un servizio di polizia a composizione multietnica e/o multireligiosa che possa godere della fiducia dell’intera popolazione; – promuovere il rispetto per i diritti dell’uomo e le libertà fondamentali in generale. (…)
45. Promuoveremo inoltre lo sviluppo di sistemi giudiziari indipendenti che svolgano un ruolo fon- damentale nel fornire strumenti giuridici di ricorso per le violazioni dei diritti dell’uomo nonché consigli e assistenza per la riforma dei sistemi carcerari. L’OSCE opererà anche assieme ad altre organizzazioni internazionali nella creazione di un quadro politico e giuridico entro cui la poli- zia possa svolgere i propri compiti conformemente ai principi democratici e allo stato di diritto.
Mantenimento della pace
46. Rimaniamo impegnati a consolidare il ruolo fondamentale dell’OSCE nel mantenimento della pace e della stabilità in tutta la nostra area. I contributi più efficaci d ell’OSCE alla sicurezza regionale hanno riguardato settori quali le operazioni sul terreno, la ricostruzione postconflit- tuale, la democratizzazione e il monitoraggio dei diritti umani e delle elezioni. Abbiamo deciso di vagliare opzioni per un ruolo dell’OSCE potenzialmente maggiore e più vasto per il manteni- mento della pace. Riaffermando i nostri diritti e obblighi ai sensi della Carta delle Nazioni Unite e sulla base delle nostre decisioni esistenti, confermiamo che l ’OSCE può decidere, caso per caso e per consenso, di svolgere un ruolo nel mantenimento della pace, incluso un ruolo guida qua- lora gli Stati partecipanti ritengano che l’OSCE sia l’organizzazione più efficace e appropriata. A tale riguardo, l’OSCE potrebbe anche decidere un mandato che comporti il mantenimento della pace da parte di altri e cercare l’appoggio degli Stati partecipanti nonché di altre organizzazioni per fornire risorse e competenze. Conformemente alla Piattaforma per la Sicurezza Cooperativa, l ’OSCE potrebbe inoltre fornire un quadro di coordinamento per tali sforzi. (…)
VI. Conclusioni
51. La presente Carta contribuirà alla sicurezza di tutti gli Stati partecipanti potenziando e raf- forzando l’OSCE alle soglie del ventunesimo secolo. Oggi abbiamo deciso di sviluppare gli stru- menti esistenti e crearne di nuovi. Li utilizzeremo pienamente al fine di promuovere un’area OSCE libera, democratica e sicura. (…)
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Decisioni della Riunione del Consiglio dei Ministri di Vienna
Decisione sull’intensificazione degli sforzi dell’OSCE nella lotta contro il traffico di esseri umani
Il Consiglio dei ministri,
tenendo presente la Carta per la Sicurezza Europea che impegna gli Stati partecipanti ad “adot- tare misure per eliminare tutte le forme di discriminazione nei confronti della donna e porre fine alle violenze perpetrate contro le donne e i bambini nonché allo sfruttamento sessuale e a tutte le forme di traffico di esseri umani” e a “promuovere l’adozione o il rafforzamento di leggi che pre- vedano di processare le persone colpevoli di tali azioni, migliorando altresì la tutela delle vittime”,
ricordando gli impegni OSCE nella lotta al traffico di esseri umani contenuti nel Documento di Mosca del 1991,
riconoscendo che il traffico di esseri umani rappresenta un problema di crescente gravità e convinti della necessità che l ’OSCE intensifichi i propri sforzi per combattere il traffico di esseri umani in tutta la sua regione, anche in situazioni di conflitto e postconflittuali, e contribuisca alle inizia- tive intraprese a livello nazionale, regionale e internazionale contro tale traffico in difesa dei diritti dell’uomo e nella lotta contro il crimine transnazionale organizzato,
1. riafferma che il traffico di esseri umani rappresenta una violazione vergognosa dei diritti dell’uomo e un grave crimine che richiede una risposta più completa e coordinata degli Stati partecipanti e della comunità internazionale, nonché un approccio più coerente e cooperativo fra i paesi, in particolare quelli di origine, transito e destinazione di tale traffico;
2. accoglie con favore l’adozione, da parte dell’Assemblea Generale delle Nazioni Unite, del Pro- tocollo sulla prevenzione, repressione e punizione del traffico di persone, particolarmente donne e bambini, a integrazione della Convenzione delle Nazioni Unite contro il crimine transnazionale organizzato nonché la definizione del traffico di persone ivi contenuta e invita tutti gli Stati par- tecipanti a firmare e a ratificare il Protocollo delle Nazioni Unite e il Protocollo Opzionale della Convenzione sui Diritti del Bambino, sulla vendita di bambini, sulla prostituzione e la pornogra- fia infantile;
3. riconosce la primaria responsabilità degli Stati partecipanti nella lotta contro il traffico in base ad un approccio integrato e coordinato che comprende la prevenzione del traffico, la tutela delle vittime e il rinvio a giudizio dei trafficanti e dei loro complici;
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4. sottolinea il ruolo svolto dai parlamenti nazionali nella promulgazione, fra l’altro, delle leggi necessarie a combattere il traffico di esseri umani e accoglie con favore gli articoli 106 e 107 della Dichiarazione sul traffico di persone emanata dall’Assemblea Parlamentare di Bucarest;
5. concorda di intensificare le attività d ell’OSCE per combattere il traffico e sottolinea la necessità di intensificare la cooperazione tra le diverse istituzioni OSCE nonché tra l ’OSCE e altre organiz- zazioni internazionali, quali le competenti agenzie delle Nazioni Unite, l’Organizzazione Interna- zionale per le Migrazioni, il Consiglio d’Europa, l’Unione Europea e l’Interpol;
6. appoggia il lavoro della Forza operativa del Patto di Stabilità sul traffico di esseri umani ed esorta in particolare i governi della regione interessata a svolgere un ruolo attivo nel quadro di tale Forza operativa;
7. invita le istituzioni OSCE, in particolare l ’ODIHR, e le operazioni sul territorio a elaborare e ad attuare programmi di lotta al traffico illecito e a promuovere sforzi coordinati nei settori della pre- venzione, delle azioni penali e della protezione, in cooperazione con organizzazioni non governa- tive nonché con organizzazioni internazionali ed altre istituzioni competenti;
8. si impegna ad accrescere la consapevolezza su tutti gli aspetti del traffico illecito, anche con l’as- sistenza dell’ODIHR, di organizzazioni non governative e di altre istituzioni competenti, mediante, ove necessario, l’elaborazione di programmi di formazione per i funzionari pubblici, inclusi le forze dell’ordine, la magistratura, i funzionari consolari e gli addetti all’immigrazione;
9. si impegna ad intraprendere le misure necessarie, anche adottando e applicando leggi che cri- minalizzino il traffico di esseri umani e che prevedano pene appropriate, allo scopo di assicurare una efficace risposta delle forze dell’ordine ed efficaci azioni penali. Tali leggi dovranno prendere in considerazione un approccio al problema del traffico conforme ai diritti umani e includere dispo- sizioni per la tutela dei diritti umani delle vittime, assicurando che queste ultime non debbano essere perseguite per il semplice fatto di essere state oggetto di traffico;
10. considererà l’adozione di misure legislative o di altre misure appropriate, quale la disponibi- lità di rifugi che permettano alle vittime del traffico di persone di rimanere, in casi appropriati, nei loro territori temporaneamente o permanentemente; misure che stabiliscano adeguate pro- cedure di rimpatrio per le vittime del traffico con particolare riguardo alla loro incolumità e che prevedano anche il rilascio dei documenti necessari, nonché misure che sviluppino politiche con- cernenti la concessione di benefici economici e sociali alle vittime e la loro riabilitazione e rein- tegrazione nella società;
11. incoraggia la nomina, se del caso, di rappresentanti governativi addetti ai problemi del traffico per coordinare le attività nazionali e per assicurare la cooperazione regionale e internazionale per rendere disponibili agli altri Stati partecipanti le informazioni risultanti da tali punti di contatto;
12. riconosce che le operazioni OSCE sul territorio, nel quadro giuridico dei paesi ospitanti, possono svolgere un valido ruolo nella lotta contro il traffico, anche monitorando, informando e assistendo regolarmente le autorità dello Stato mediante, inter alia, la promozione del dialogo e fungendo da ponte fra i governi e le organizzazioni e istituzioni non governative nel risolvere singoli casi di traf- fico; inoltre invita le operazioni sul territorio a rafforzare la cooperazione fra loro;
13. esorta il Segretariato OSCE ad intensificare, in cooperazione con l ’ODIHR, nei suoi programmi di addestramento del personale OSCE sul territorio, la formazione anti-traffico al fine di poten- ziarne la capacità di monitorare, riferire e affrontare il problema del traffico di persone mediante
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regolari attività OSCE e ad accrescere la consapevolezza dei problemi del traffico nell’ambito delle istituzioni OSCE e fra il personale OSCE; tali programmi di formazione dovranno essere resi dispo- nibili anche agli Stati partecipanti e ad altre organizzazioni internazionali;
14. accoglie con favore l’ulteriore sviluppo del Codice di Condotta del Segretariato OSCE per i membri delle Missioni OSCE al fine di includere disposizioni sul traffico di esseri umani e su altre violazioni dei diritti umani, ne auspica la tempestiva attuazione da parte di tutte le strutture e istituzioni OSCE, chiede ai capi delle operazioni OSCE sul territorio di adottare misure appro- priate qualora membri del loro personale si servano delle vittime del traffico e incoraggia tutti gli altri organismi internazionali, se del caso, ad adottare norme e prassi analoghe.
160 Documento della Nona Riunione del Consiglio dei Ministri Bucarest 2001
Dichiarazione del Consiglio dei Ministri di Bucarest (…)
2. Condanniamo risolutamente tutti gli atti di terrorismo. Il terrorismo, qualunque ne sia la moti- vazione o l’origine, non ha giustificazione. Niente può giustificare un attacco deliberato contro persone innocenti. Nella lotta contro il terrorismo non esiste neutralità.
3. Rispecchiando la solidarietà dell’OSCE, il Consiglio dei Ministri ha oggi adottato una decisione e un Piano d’azione sul terrorismo. Ribadiamo che la lotta al terrorismo non è una guerra con- tro religioni o popoli. Riaffermiamo il nostro impegno per la tutela dei diritti dell’uomo e delle libertà fondamentali.
4. Siamo decisi a proteggere i nostri cittadini dalle nuove minacce alla sicurezza, pur salvaguar- dando lo stato di diritto, le libertà individuali e il diritto all’uguaglianza di fronte alla legge. La criminalità organizzata, il traffico illecito di droga e armi e il traffico di esseri umani pregiudicano la sicurezza, l’economia e la struttura sociale di tutti gli Stati partecipanti. Il Consiglio dei Ministri appoggia l’intensificazione degli sforzi e una maggiore cooperazione internazionale per affrontare tali sfide e sollecita gli Stati partecipanti, che non l’abbiano ancora fatto, ad accedere alla Conven- zione delle Nazioni Unite contro la criminalità organizzata transnazionale e ai relativi Protocolli. (…)
12. Ribadiamo inoltre il nostro impegno per relazioni basate sull’eguaglianza sovrana, sul reciproco rispetto, sulla cooperazione e sul sostegno alla democrazia. Siamo decisi a costruire le nostre rela- zioni conformemente al concetto di sicurezza comune e globale, guidati da una partnership pari- taria, dalla solidarietà e dalla trasparenza. Rimaniamo fedeli all’impegno per una comunità OSCE che abbraccia il territorio da Vancouver a Vladivostok, senza soluzione di continuità, libera e paci- fica, che risponda attraverso sforzi concertati alle sfide contro la pace e la stabilità.
II. Decisione sulla lotta al terrorismo e piano di azione di Bucarest per la lotta al terrorismo
I 55 Stati partecipanti dell’OSCE si schierano uniti contro il terrorismo, un flagello dei nostri tempi.
Gli Stati partecipanti a ll’OSCE condannano risolutamente gli atti di terrorismo barbarico com- messi conto gli Stati Uniti l’11 settembre 2001, che hanno rappresentato un attacco all’intera comunità internazionale e ai popoli di ogni fede e cultura. Questi atroci atti, nonché altre azioni terroristiche di ogni tipo e manifestazione, commessi in qualsiasi momento, dovunque o da chiun- que rappresentano una minaccia alla pace, alla sicurezza e alla stabilità internazionale e regionale. Coloro che promuovono, finanziano, accolgono o appoggiano in altro modo i responsabili di tali
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atti criminali non potranno essere sottratti alla giustizia. Il terrorismo, qualunque ne sia la moti- vazione o l’origine, non ha giustificazione.
Gli Stati partecipanti a ll’OSCE non cederanno alle minacce del terrorismo ma lo combatteranno con qualsiasi mezzo, conformemente ai loro impegni internazionali. Ciò richiederà uno sforzo con- tinuo e a lungo temine, ma essi prenderanno vigore dalla loro ampia coalizione, che si estende da Vancouver a Vladivostok. Essi difenderanno la libertà e proteggeranno i loro cittadini dagli atti di terrorismo, nel pieno rispetto del diritto internazionale e dei diritti dell’uomo. Essi respingono risolutamente l’identificazione del terrorismo con qualsiasi nazionalità o religione e riconfermano le norme, i principi e i valori d ell’OSCE.
Gli Stati partecipanti a ll’OSCE si impegnano a potenziare e sviluppare la cooperazione bilaterale e multilaterale d ell’OSCE con le Nazioni Unite e con altre organizzazioni internazionali e regio- nali, al fine di combattere il terrorismo in tutte le sue forme e manifestazioni, perpetrato dovun- que e da chiunque. Quale accordo regionale ai sensi del Capitolo VIII dello Statuto delle Nazioni Unite, l ’OSCE è determinata a contribuire all’adempimento degli obblighi internazionali sanciti, tra l’altro, nella Risoluzione 1373 (2001) del Consiglio di Sicurezza delle Nazioni Unite e agirà conformemente agli obiettivi e ai principi dello Statuto delle Nazioni Unite. Gli Stati partecipanti a ll’OSCE si impegnano ad accedere al più presto a tutti i Protocolli e Convenzioni delle Nazioni Unite in materia di terrorismo e auspicano la rapida conclusione dei negoziati per una Conven- zione globale delle Nazioni Unite sul terrorismo internazionale.
Gli Stati partecipanti a ll’OSCE si sono riuniti a nome della solidarietà politica per adottare prov- vedimenti comuni. Essi attendono il contributo sostanziale che la Conferenza internazionale di Bishkek sul rafforzamento della sicurezza e della stabilità in Asia centrale del 13 e 14 dicembre 2001 potrà apportare alle iniziative globali contro il terrorismo e forniranno supporto, anche tra- mite assistenza tecnica, ai partner dell’Asia centrale, se lo richiederanno, nel far fronte alle minacce esterne connesse al terrorismo.
A tal fine il Consiglio dei Ministri dell’OSCE adotta il Piano di azione di Bucarest per la lotta al ter- rorismo, annesso alla presente decisione.
Annesso
Piano di azione di Bucarest per la lotta al terrorismo
I. Obiettivo del Piano d’Azione
1. Il terrorismo è una minaccia alla pace e alla sicurezza internazionali, nell’area OSCE come altrove. L’OSCE resta pronta ad apportare il suo contributo alla lotta al terrorismo in stretta cooperazione con altre organizzazioni e fori. Tale contributo sarà compatibile con la Piattaforma per la Sicurezza Cooperativa e si avvarrà dell’interazione tra gli sforzi mondiali e regionali di lotta al terrorismo sotto l’egida delle Nazioni Unite. Gli Stati partecipanti a ll’OSCE impegnano la loro volontà poli- tica le loro risorse e i mezzi pratici per l’adempimento degli obblighi da loro assunti nelle vigenti convenzioni internazionali sul terrorismo e si impegnano a intensificare gli sforzi nazionali, bila- terali e multilaterali di lotta al terrorismo.
2. Nel contribuire agli sforzi a livello mondiale di lotta al terrorismo, l ’OSCE si adopererà per valo- rizzare, sulla base delle peculiarità dell’Organizzazione, le sue forze e i suoi vantaggi comparativi: il suo concetto di sicurezza globale che collega le dimensioni politico-militare, umana ed econo- mica; il suo elevato numero di membri, la sua esperienza sul territorio; e la sua competenza nel
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settore del preallarme, della prevenzione dei conflitti, della gestione delle crisi, della ricostruzione postconflittuale e della creazione di istituzioni democratiche. Inoltre numerose misure efficaci di lotta al terrorismo rientrano nei settori in cui l ’OSCE è già attiva ed esperta, quali la formazione e il monitoraggio della polizia, la riforma legislativa e giudiziaria e il monitoraggio delle frontiere.
3. Scopo del Piano d’Azione è creare un ambito per un’azione globale d ell’OSCE che gli Stati partecipanti e l’Organizzazione nel suo complesso dovranno adottare per combattere il terrori- smo, rispettando pienamente il diritto internazionale, incluso il diritto internazionale sui diritti dell’uomo ed altre pertinenti norme di diritto internazionale. Il Piano d’Azione è volto a estendere le attività correnti che contribuiscono alla lotta al terrorismo, facilitare l’interazione fra gli Stati e, ove appropriato, individuare nuovi strumenti di intervento. Il Piano d’Azione, riconoscendo che la lotta al terrorismo richiede sforzi sostenuti, individuerà le attività da avviare immediatamente nonché a medio e lungo termine.
II. Obblighi giuridici internazionali e impegni politici
4. Le convenzioni delle Nazioni Unite e le Risoluzioni del Consiglio di Sicurezza delle Nazioni Unite (UNSCR) costituiscono il quadro giuridico globale per la lotta al terrorismo. L’UNSCR 1269 (1999), 1368, 1373 e 1377 (2001), unitamente alle 12 pertinenti convenzioni delle Nazioni Unite e ai protocolli sulle questioni di lotta al terrorismo, costituiscono la base di tale quadro e inclu- dono un certo numero di specifici elementi di lotta al terrorismo. Inoltre, una serie di documenti dell’OSCE, incluse le Dichiarazioni dei Vertici da Helsinki a Istanbul, enunciano chiaramente l’impegno dell’OSCE di combattere il terrorismo, conformemente alla Carta delle Nazioni Unite. Deve essere perseguita ed assicurata la più ampia e globale sottoscrizione e attuazione degli stru- menti e degli impegni di lotta al terrorismo da parte degli Stati partecipanti.
5. Gli Stati partecipanti: si impegnano a dispiegare sforzi per accedere possibilmente entro il 31 dicembre del 2002, alle 12 convenzioni delle Nazioni Unite e ai protocolli concernenti il terrori- smo riconoscendo l’importante ruolo che i parlamentari possono svolgere nella ratifica e in altri procedimenti legislativi di lotta al terrorismo. Si incoraggiano gli Stati a informare il Consiglio Permanente sulle iniziative adottate a riguardo. Parteciperanno, in maniera costruttiva, ai nego- ziati in corso presso le Nazioni Unite su una Convenzione Globale contro il Terrorismo Interna- zionale e una Convenzione Internazionale per la Soppressione di Atti di Terrorismo Nucleare, per una loro pronta e positiva conclusione.
6. L’Ufficio OSCE per le istituzioni democratiche e i diritti dell’uomo (ODIHR): su richiesta for- male degli Stati partecipanti interessati, e ove appropriato, offrirà assistenza/consulenza tecnica sulla prima stesura legislativa necessaria per la ratifica di strumenti internazionali, in stretta coo- perazione con altre organizzazioni internazionali incluso L’Ufficio delle Nazioni Unite per il Con- trollo della Droga e la Prevenzione del Crimine (UNODCCP).
7. Gli Stati partecipanti: esamineranno le modalità con cui l’OSCE potrà avvalersi delle migliori prassi e delle lezioni apprese da differenti gruppi, organizzazioni, istituzioni e fori competenti in settori quali la cooperazione con la polizia e la magistratura; la prevenzione e la soppressione del finanziamento del terrorismo; il rifiuto di altri mezzi di supporto; i controlli alle frontiere inclusa la sicurezza dei visti e dei documenti; e l’accesso alle informazioni da parte delle autorità prepo- ste all’applicazione della legge.
8. Gli Stati partecipanti si avvarranno anche del Foro di Cooperazione per la Sicurezza (FSC) per potenziare i loro sforzi di lotta al terrorismo tramite una piena e tempestiva attuazione di tutte le pertinenti misure concordate d all’OSCE. A tal fine intensificheranno l’attuazione degli esistenti
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impegni e accordi politico-militari, in particolare il Codice di Condotta relativo agli aspetti politi- co-militari della Sicurezza e il Documento sulle armi di piccolo calibro e leggere (SALW).
L’FSC esaminerà la rilevanza di altri suoi documenti per la lotta al terrorismo e valuterà se esista la necessità di elaborare ulteriori norme e misure. Il Dialogo sulla Sicurezza potrà rappresentare un’idonea base per consultazioni regolari su tali questioni nell’ambito del foro FSC.
Gli Stati partecipanti presenteranno le risposte al Questionario sul Codice di Condotta che for- niscano un’ulteriore trasparenza sugli impegni internazionali, regionali e nazionali per la lotta al terrorismo, in particolare le pertinenti convenzioni e risoluzioni delle Nazioni Unite. L’FSC esaminerà i modi per attuare pienamente il Documento SALW, fra l’altro, la Sezione V sul preal- larme, sulla prevenzione dei conflitti, sulla gestione delle crisi e sulla ricostruzione postconflittuale. L’FSC esaminerà la possibilità di realizzare una maggiore trasparenza sui sistemi nazionali di mar- chiatura, sulle esportazioni e importazioni, sulla gestione delle scorte nazionali e sulle procedure di sicurezza, soprattutto esaminando le informazioni così scambiate e elaborando indicazioni per le migliori prassi. La conferenza nel quadro dei seguiti sul Codice di Condotta e il seminario sulle armi di piccolo calibro e leggere, che si terranno ambedue nel 2002, potrebbero intensificare ulte- riormente l’applicazione di tali documenti per la lotta al terrorismo.
III. Azione preventiva contro il terrorismo nell’area OSCE
9. Nessuna circostanza né causa può giustificare atti di terrorismo. Al tempo stesso sussistono diversi fattori sociali, economici, politici e di altra natura, tra cui separatismo violento ed estre- mismo, che generano condizioni in cui le organizzazioni terroristiche sono in grado di effettuare reclutamenti e ottenere sostegno. L’approccio globale d ell’OSCE alla sicurezza fornisce vantaggi comparativi nella lotta al terrorismo individuando e trattando tali fattori tramite tutti gli stru- menti e tutte le strutture pertinenti dell’Organizzazione.
10. Creazione di istituzioni, rafforzamento dello stato di diritto e delle autorità statali: l ’ODIHR: continuerà a incrementare gli sforzi intesi e, su richiesta degli Stati, a promuovere e aiutare la cre- azione di istituzioni democratiche, contribuendo anche al potenziamento delle capacità ammi- nistrative, del governo centrale e delle amministrazioni locali, delle strutture parlamentari, della magistratura, dell’istituto del difensore civico e della società civile. A tale riguardo faciliterà gli scambi in merito delle migliori prassi e delle esperienze tra gli Stati partecipanti. Continuerà inol- tre a sviluppare progetti intesi a consolidare le istituzioni democratiche, la società civile e il buon governo.
11. Promozione dei diritti dell’uomo, della tolleranza e del multiculturalismo: Gli Stati parte- cipanti/Consiglio Permanente/ODIHR/Alto Commissario per le Minoranze Nazionali(ACMN)/ Rappresentante per la libertà dei mezzi di informazione: Promuoveranno e miglioreranno la tol- leranza, la coesistenza e le relazioni armoniose tra gruppi etnici, linguistici e altri gruppi, nonché la cooperazione costruttiva tra Stati partecipanti al riguardo. Prevederanno il preallarme della violenza, dell’intolleranza, dell’estremismo e della discriminazione nei confronti di tali gruppi e appropriate risposte a riguardo e, al tempo stesso, promuoveranno il rispetto da parte di que- sti gruppi dello stato di diritto, dei valori democratici e delle libertà individuali. Si adopereranno per assicurare che le persone appartenenti a minoranze nazionali abbiano il diritto di esprimere liberamente, preservare e sviluppare la propria identità etnica, culturale, linguistica o religiosa.
12. Il Rappresentante per la libertà dei mezzi di informazione: prenderà in esame l’elaborazione di progetti intesi a sostenere, tramite i mass media, la tolleranza per persone di altre convin- zioni e credenze. Promuoverà misure volte a prevenire e combattere il nazionalismo aggressivo,
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il razzismo, lo sciovinismo, la xenofobia e l’antisemitismo nei mass media. Continuerà a incorag- giare il dialogo pluralistico e la diversità culturale e una maggiore attenzione dei mass media alla promozione della tolleranza delle differenze etniche, religiose, linguistiche e culturali e, in tale con- testo, promuoverà un ampio accesso pubblico ai mass media e il controllo dell’istigazione all’odio.
13. Fattori socioeconomici negativi: Gli Stati partecipanti/Segretariato: si adopereranno per indi- viduare questioni economiche e ambientali che pregiudicano la sicurezza, quali mediocre capacità di governo, corruzione, attività economiche illecite, elevata disoccupazione, povertà diffusa e note- voli disparità, fattori demografici, impiego non sostenibile di risorse naturali; e si adopereranno per contrastare tali fattori con l’assistenza, su richiesta degli Stati, dell’Ufficio del Coordinatore dell’OSCE per le attività economiche e ambientali (OCEEA), che agisce, tra l’altro, da catalizza- tore per tali attività e la cooperazione.
14. Prevenzione di conflitti violenti e promozione della soluzione pacifica delle controversie: l ’OSCE avvalendosi di tutte le sue capacità, proseguirà e intensificherà le attività di preallarme e di risposta appropriata, prevenzione dei conflitti, gestione delle crisi e ricostruzione postconflittuale; potenzierà la sua capacità soluzione dei conflitti, incrementerà gli sforzi per reperire soluzioni dure- voli a conflitti irrisolti, anche tramite la promozione dello stato di diritto e la prevenzione della criminalità in tali zone di conflitto attraverso una maggiore cooperazione con le Nazioni Unite, l’Unione Europea e altre organizzazioni internazionali e svilupperà ulteriormente la sua capacità di pronto dislocamento (REACT) in situazioni di conflitto.
15. Esame della questione dello sfollamento prolungato: Gli Stati partecipanti/ODIHR/ACMN/ Rappresentante per la libertà dei mezzi di informazione: esamineranno la possibilità di rafforzare la potenzialità d ell’OSCE di contribuire a soluzioni durevoli, sostenendo altre competenti orga- nizzazioni internazionali, principalmente con l’Ufficio dell’Alto Commissario delle Nazioni Unite per i rifugiati, e cooperando strettamente con tali organizzazioni. Attueranno un attento monito- raggio delle situazioni di sfollamento prolungato.
16. Rafforzamento della legislazione nazionale antiterrorismo: Gli Stati partecipanti: si impe- gneranno ad adempiere a tutti gli obblighi da loro assunti nelle pertinenti convenzioni e nei proto- colli concernenti il terrorismo nonché nella Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale e nei relativi protocolli aggiuntivi, scambiando informazioni e condi- videndo metodi a riguardo ed esaminando i modi e i mezzi di cooperazione nell’attuazione in riu- nioni bilaterali, dell’intera OSCE e subregionali.
17. L’Assemblea Parlamentare dell’OSCE: proseguirà i suoi sforzi per promuovere il dialogo fra i parlamentari OSCE al fine di rafforzare la legislazione essenziale per la lotta al terrorismo.
18. L’ODIHR: su richiesta degli Stati partecipanti e ove appropriato, offrirà assistenza/consulenza tecnica sull’attuazione delle convenzioni e dei protocolli internazionali antiterrorismo nonché sulla conformità della legislazione nazionale con gli standard internazionali, conformemente alle deci- sioni del Consiglio Permanente, e cercherà a tal fine la cooperazione con altre organizzazioni, in particolare con l ’UNODCCP. Considererà la possibilità di facilitare i contatti fra esperti nazionali per promuovere lo scambio di informazioni e le migliori prassi sulla legislazione antiterrorismo.
19. Sostegno agli organi preposti all’applicazione della legge e alla lotta alla criminalità orga- nizzata: Gli Stati partecipanti: rilevando la stretta relazione tra terrorismo e criminalità organiz- zata transnazionale, il traffico illecito di droghe, il riciclaggio di denaro sporco e il traffico illecito di armi, adotteranno le necessarie iniziative per prevenire nel loro territorio attività illecite di per- sone, gruppi o organizzazioni che istigano, finanziano, organizzano, facilitano o perpetrano atti
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di terrorismo o altre attività illecite dirette al violento rovesciamento del regime politico di un altro Stato partecipante. Offriranno, reciprocamente, il massimo grado di assistenza nel fornire infor- mazioni relative a indagini criminali o nei procedimenti penali di estradizione concernenti atti terroristici, conformemente alle loro leggi nazionali e ai loro obblighi internazionali.
20. Il Consiglio Permanente: esaminerà la possibilità di organizzare regolari riunioni di funzionari delle forze dell’ordine degli Stati partecipanti e, ove applicabile, di esperti OSCE con valida espe- rienza nel settore dello scambio delle migliori prassi e modalità volte a migliorare la cooperazione.
21. Il Segretariato: fornirà assistenza agli Stati partecipanti, su loro richiesta, tramite misure di lotta al traffico di esseri umani, droghe e armi di piccolo calibro e leggere, conformemente alle decisioni del Consiglio Permanente, e intraprenderà sforzi per fornire assistenza volta a realizzare un più incisivo monitoraggio delle frontiere, ove appropriato. Coadiuverà inoltre gli Stati partecipanti, su loro richiesta e con il loro consenso, fornendo consulenza e assistenza per la riforma e/o la ristrut- turazione dei servizi di polizia, il monitoraggio e la formazione del personale degli esistenti ser- vizi di polizia, inclusa la formazione sui diritti dell’uomo; sul rafforzamento delle capacità: incluso il supporto per i servizi di polizia integrati o multietnici. A tal fine potenzierà le proprie esistenti attività connesse con la polizia nella prevenzione dei conflitti, nella gestione delle crisi e nella rico- struzione postconflittuale.
22. L’ODIHR: fornirà una costante consulenza agli Stati partecipanti, su loro richiesta, sul raffor- zamento degli ordinamenti giuridici nazionali e sulle istituzioni che difendono lo stato di diritto, quali gli organi di tutela dell’ordine pubblico, la magistratura e le procure, le associazioni forensi e gli avvocati della difesa. L’ODIHR intensificherà gli sforzi diretti a combattere il traffico di esseri umani e sostenere le vittime di tale traffico. Ove appropriato, sosterrà la riforma dei penitenziari e il miglioramento dei codici di procedura penale.
23. Il Rappresentante per la libertà dei mezzi di informazione: coopererà per fornire sostegno, su richiesta, alla prima stesura della legislazione sulla prevenzione e sul cattivo uso della tecnolo- gia informatica per scopi terroristici, assicurando che tali leggi siano compatibili con gli impegni riguardanti la libertà di espressione e il libero flusso delle informazioni.
24. Soppressione dei finanziamenti del terrorismo: Gli Stati partecipanti: nel quadro della Conven- zione delle Nazioni Unite sulla Soppressione dei finanziamenti del terrorismo e delll’UNSCR1373 (2001), adotteranno interventi per prevenire e sopprimere i finanziamenti del terrorismo, penaliz- zeranno la fornitura o la raccolta intenzionali di fondi a fini terroristici e congeleranno i patrimoni dei terroristi anche tenendo presente l ’UNSCR 1267 (1999). Conformemente alla loro legislazione nazionale e agli obblighi di diritto internazionale, forniranno una pronta risposta alla richiesta di informazioni rivolta da un altro Stato partecipante e da altre competenti organizzazioni inter- nazionali.
25. Gli Stati partecipanti/Segretariato: nella sfera delle attività economiche e ambientali per il 2002, esamineranno anche i modi per contrastare i fattori economici che possono facilitare l’insorgere del terrorismo, le conseguenze economiche del terrorismo nonché il sostegno finanziario dei ter- roristi. Esamineranno come l ’OSCE possa contribuire, nell’ambito della sua attività sulla traspa- renza e sulla lotta alla corruzione, allo sforzo internazionale su vasta scala di lotta al terrorismo. Esaminerà la possibilità di assumere il ruolo di catalizzatore nel prevedere progetti mirati per la formazione del personale delle istituzioni finanziarie nazionali su settori di lotta al terrorismo, fra l’altro sul monitoraggio dei flussi di finanziamento e sulla prevenzione del riciclaggio di denaro sporco. Gli Stati partecipanti interverranno in maniera costruttiva agli imminenti negoziati presso
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le Nazioni Unite su uno strumento mondiale di lotta alla corruzione, per realizzarne una pronta e positiva conclusione.
26. Prevenzione del movimento dei terroristi: Gli Stati partecipanti: impediranno il movimento di singoli terroristi o gruppi di terroristi tramite efficaci controlli delle frontiere e controlli del rilascio di carte di identità e documenti di viaggio nonché tramite misure volte ad assicurare la sicurezza delle carte di identità e dei documenti di viaggio e impedendone la contraffazione, la falsificazione e l’uso fraudolento. Applicheranno tali misure di controllo nel pieno rispetto del diritto internazionale sui rifugiati e delle leggi sui diritti dell’uomo. Con l’appropriata applicazione delle clausole esonerative contenute nella Convenzione del 1951 relativa allo Status dei Rifugiati e del relativo Protocollo del 1967, assicureranno che non venga concesso asilo a persone che hanno partecipato ad atti terroristici, conformemente agli obblighi da loro assunti in base al diritto inter- nazionale e alle leggi nazionali.
IV. Azione ai sensi della Piattaforma per la Sicurezza Cooperativa – Cooperazione con altre organizzazioni
27. Le Nazioni Unite sono l’ambito per la lotta mondiale al terrorismo. È necessario assicurare una stretta cooperazione e un rigoroso coordinamento fra tutti i pertinenti attori. L’OSCE può svolgere il ruolo di coordinatore delle iniziative interregionali e intraregionali e con stretti contatti colla- bora con le organizzazioni non governative (ONG), la società civile, e i parlamentari, creando una rete sempre più compatta per la coalizione internazionale di lotta al terrorismo.
28. Gli Stati partecipanti /Segretariato: rafforzeranno la cooperazione e gli scambi di informa- zione, sia formalmente che informalmente, con gruppi, organizzazioni, e istituzioni competenti impegnai nella lotta al terrorismo. Incrementeranno la cooperazione con l’Unione Europea sulle analisi e il preallarme e realizzeranno una maggiore sinergia con il Patto di Stabilità per l’Europa Sudorientale e l’Iniziativa Centro Europea in settori riguardanti la lotta al terrorismo. Promuo- veranno il dialogo nell’area OSCE su questioni relative alle nuove minacce e sfide. Allargheranno il dialogo a partner al di fuori dell’area OSCE, quali i Partner mediterranei per la cooperazione e i Partner in Asia, l’Organizzazione di Cooperazione di Shanghai, la Conferenza sull’Interazione e le Misure di rafforzamento della Fiducia in Asia, l’Organizzazione della Conferenza Islamica, la Lega Araba, l’Unione Africana, e gli Stati confinanti con l’area OSCE, per scambiare le migliori prassi e le lezioni apprese negli sforzi di lotta al terrorismo per applicarle nell’area OSCE.
V. Seguiti
29. La “Conferenza Internazionale di Bishkek sul rafforzamento della Sicurezza e la Stabilità in Asia centrale: Potenziamento degli sforzi globali di lotta al terrorismo”, che si terrà il 13 e il 14 dicem- bre a Bishkek, rappresenterà la prima occasione per: • discutere fra numerosi partecipanti, in base al presente Piano d’Azione, esperienze concrete e le migliori prassi per combattere il terrorismo internazionale e • applicare le pertinenti disposizioni del presente Piano d’Azione per un pratico sostegno degli Stati partecipanti in Asia centrale, inclusa l’assistenza finanziaria e tecnica in concreti settori di interesse considerate le specifiche sfide alla sicurezza a cui è esposta la regione.
30. Il Segretario Generale riferirà, entro il 27 dicembre 2001, al Comitato di lotta al terrorismo delle Nazioni Unite in merito all’azione di lotta al terrorismo effettuata dall’OSCE e quindi infor- merà le Nazioni Unite, come appropriato. Inoltre informerà con regolarità il Consiglio Perma- nente in merito alle attività dell’OSCE svolte ai sensi del presente Piano d’Azione. Il Segretario
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Generale elaborerà un rapporto da presentare al prossimo Consiglio dei Ministri/Vertice sulle atti- vità degli organi OSCE nel campo della lotta al terrorismo e in seguito come richiesto dal Con- siglio Permanente. 31. Ogni organo d ell’OSCE invitato ad operare interventi in base al presente Piano elaborerà un percorso definito per l’adempimento di tali compiti, incluso un quadro tempo- rale, le implicazioni a livello di risorse e l’indicazione delle attività che richiedono ulteriori deci- sioni del Consiglio Permanente.
In base alle informazioni fornite da altri organi d ell’OSCE, il Segretariato elaborerà una valuta- zione indicativa delle implicazioni amministrative e finanziarie del presente Piano d’Azione, inclusa la possibile necessità di istituire nel Segretariato un’unità o un “focal point” antiterrorismo, e pre- senterà all’approvazione del Consiglio Permanente raccomandazioni sulle necessarie risorse nel bilancio del 2002. Il Consiglio Permanente, agendo, fra l’altro, tramite il Presidente in esercizio e coadiuvato dal Segretariato, controllerà l’attuazione delle misure antiterrorismo, avvalendosi anche di gruppi di esperti, e attribuendo possibili compiti supplementari alle Presenze OSCE sul territorio in stretta cooperazione e in pieno accordo con i governi ospitanti. (…)
V. Decisioni della Riunione del Consiglio dei Ministri di Bucarest
Decisione N. 5
Il Consiglio dei Ministri,
riaffermando la sua inquietudine circa le manifestazioni di nazionalismo aggressivo, razzismo, sciovinismo, xenofobia, antisemitismo e estremismo violento, ovunque si verifichino,
ribadendo la sua determinazione di attuare tutti gli impegni d ell’OSCE sull’adozione di misure in merito,
invita gli Stati partecipanti a promuovere la tolleranza e la non discriminazione anche con campa- gne di sensibilizzazione e con l’istruzione; invita le istituzioni dell’OSCE, in particolare l ’ODIHR, l’Alto Commissario per le minoranze nazionali, e il Rappresentante per la libertà dei mezzi di infor- mazione a prestare ancora maggiore attenzione alle manifestazioni di nazionalismo aggressivo, razzismo, sciovinismo, xenofobia, antisemitismo e estremismo violento, a contrastare l’intolle- ranza e la discriminazione per motivi di origine razziale o etnica, opinioni religiose, politiche o altre e a promuovere il rispetto dello stato di diritto, dei valori democratici, dei diritti dell’uomo e delle libertà fondamentali, inclusa la libertà di espressione, pensiero, coscienza, religione o credo;
incarica il Consiglio Permanente di considerare lo sviluppo di ulteriori misure in merito.
Decisione N.6
Il Consiglio dei Ministri,
ribadendo il suo impegno a combattere tutte le forme di traffico di esseri umani, che colpisce tutti gli Stati partecipanti,
affermando il suo impegno a sviluppare la cooperazione e l’interazione fra gli Stati partecipanti sulle misure per la lotta a tale traffico e ai crimini connessi,
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invita gli Stati partecipanti a firmare e ratificare la Convenzione delle Nazioni Unite contro la Cri- minalità organizzata transnazionale e il relativo Protocollo per la prevenzione, la soppressione e la punizione del traffico di persone, in particolare di donne e bambini;
accoglie con favore il positivo completamento del Codice di Condotta dell’OSCE e delle Linee guida sui traffici illeciti nonché la loro diffusione tra i membri del personale d ell’OSCE;
riafferma il suo appoggio all’opera dell’ODIHR, degli organismi sul territorio e della Forza Ope- rativa del Patto di Stabilità nella lotta al traffico di esseri umani;
incoraggia lo scambio di informazioni al fine di potenziare le capacità investigative, l’applicazione della legge e la prevenzione della criminalità;
invita gli Stati partecipanti ad accelerare l’adozione delle misure necessarie a ottemperare agli impegni del Consiglio dei Ministri di Vienna che includono la prevenzione del traffico di esseri umani, la protezione delle vittime e i procedimenti giudiziari contro i trafficanti e i loro complici.
Decisione N.7
Il Consiglio dei Ministri, prendendo nota delle conclusioni della Conferenza di Bucarest sulle pari opportunità per Rom e Sinti,
manifestando il suo appoggio all’operato del Punto di contatto per le questioni relative ai Rom e ai Sinti e il suo impegno a potenziarlo,
incarica l’ODIHR di elaborare e presentare al Consiglio Permanente un Piano d’azione per atti- vità mirate, come stabilito dal Vertice di Istanbul, come uno dei mezzi per rafforzare la capacità del Punto di Contatto di assistere gli Stati partecipanti ad adempiere agli impegni intesi a miglio- rare la situazione dei Rom e dei Sinti;
incoraggia il Punto di contatto per le questioni relative ai Rom e ai Sinti a proseguire la sua opera in stretta cooperazione con gli Stati partecipanti, il Consiglio d’Europa e altre competenti orga- nizzazioni e a informare in merito il Consiglio Permanente.
Decisione N.8
Il Consiglio dei Ministri,
riconoscendo che la parità fra uomo e donna è essenziale per una democrazia sostenibile e per la stabilità nella regione d ell’OSCE,
convinto della potenzialità delle donne di contribuire ai processi di prevenzione dei conflitti, ricon- ciliazione e creazione della pace,
confermando l’impegno di tutelare e promuovere i diritti delle donne e consapevoli della vulne- rabilità delle donne specialmente nei conflitti e nelle situazioni postconflittuali,
deciso a combattere tutte le forme di violenza contro le donne, inclusa la violenza domestica,
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riconoscendo la necessità di centri di recupero per le donne vittime della violenza, accogliendo favorevolmente il fatto che nell’anno corrente l ’OSCE ha prestato maggiore attenzione al problema della violenza contro le donne, che colpisce tutti gli Stati partecipanti a ll’OSCE,
invita ad attuare il Piano d’azione sulle questioni attinenti alle pari opportunità;
incarica il Consiglio Permanente di esaminare le modalità con cui l ’OSCE può contribuire a pre- venire la violenza contro le donne.
Decisione N.9
Attività connesse alla polizia
Il Consiglio dei Ministri,
riaffermando la convinzione espressa al Vertice di Istanbul secondo cui nell’intera area dell’OSCE sono emersi nuovi rischi e nuove sfide alla sicurezza, e che tali nuove sfide – terrorismo internazio- nale, estremismo violento, criminalità organizzata e traffico di droga nonché l’accumulo eccessivo e destabilizzante e la proliferazione incontrollata di armi di piccolo calibro e leggere – rappresen- tano crescenti minacce alla sicurezza;
riaffermando l’impegno di Istanbul di attuare una reciproca cooperazione più attiva e stretta per affrontare tali minacce e per intensificare la protezione da tali di rischi e sfide;
rilevando l’impegno assunto a Istanbul di affrontare le sfide comuni nonché la convinzione che solide istituzioni democratiche e stato di diritto costituiscono le basi della protezione da tali rischi e sfide;
affermando che un’efficace servizio di polizia è essenziale per difendere lo stato di diritto e le isti- tuzioni democratiche;
affermando inoltre che una maggiore cooperazione tra gli Stati partecipanti nelle attività connesse alla polizia può contribuire a far fronte a tali nuovi rischi e sfide;
ricordando l’intenzione espressa al Vertice di Istanbul dagli Stati partecipanti a ll’OSCE di ampliare la capacità di svolgere le attività concernenti i compiti di polizia per contribuire a mantenere la supremazia della legge;
ricordando anche gli impegni enunciati negli articoli 44 e 45 della Carta per la Sicurezza Euro- pea di Istanbul miranti a rafforzare il ruolo dell’OSCE nelle attività connesse alla polizia, quale parte integrante degli sforzi compiuti dall’organizzazione in materia di prevenzione dei conflitti, gestione delle crisi e ricostruzione postconflittuale;
ricordando inoltre l’impegno di Istanbul di promuovere lo sviluppo di sistemi giudiziari indipen- denti che svolgano un ruolo fondamentale nel prevedere strumenti legali di ricorso per le viola- zioni dei diritti dell’uomo nonché la consulenza e l’assistenza per la riforma dei sistemi carcerari e di operare di concerto con altre organizzazioni internazionali nella creazione di un quadro poli- tico e giuridico nel cui ambito la polizia possa svolgere i propri compiti conformemente ai prin- cipi democratici e allo stato di diritto;
170 Bucarest 2001
conformemente della Decisione del Consiglio dei Ministri del 28 novembre 2000 sulle attività con- nesse alla polizia e prendendo atto del dibattito svolto nella riunione di esperti di polizia tenuta a Vienna il 28 e 29 giugno 2001;
prendendo nota della Decisione del 4 dicembre 2001 del Consiglio dei Ministri sulla lotta al ter- rorismo e l’impegno ivi assunto da tutti gli Stati partecipanti a ll’OSCE di rinforzare e potenziare la cooperazione bilaterale e multilaterale dell’OSCE con le Nazioni Unite e altre organizzazioni internazionali e regionali, per combattere il terrorismo in tutte le sue forme e manifestazioni per- petrato dovunque e da chiunque, conformemente ai loro impegni internazionali;
riconoscendo inoltre il ruolo delle forze dell’ordine nell’attuazione della decisione del 28 novem- bre 2000 del Consiglio dei Ministri sull’intensificazione degli sforzi dell’OSCE nella lotta contro il traffico di esseri umani e l’attuazione della Decisione del 24 novembre 2000 del Foro di Coo- perazione per la Sicurezza relativa al Documento OSCE sulle armi di piccolo calibro e leggere;
e rilevando il crescente numero di richieste di assistenza rivolte a ll’OSCE dagli Stati partecipanti riguardo alle attività connesse alla polizia e il recente incremento degli sforzi dell’Organizzazione per il monitoraggio delle attività di polizia e la formazione della polizia compresi i corpi di poli- zia multietnici e/o multireligiosi, in situazioni di crisi o postconflittuali;
1. concorda che nell’elaborazione di piani sulle attività OSCE connesse alla polizia per affron- tare le nuove sfide alla sicurezza e potenziare le attività d ell’OSCE connesse alla polizia dirette alla prevenzione dei conflitti, alla gestione delle crisi e alla ricostruzione postconflittuale, l ’OSCE: • si adopererà per assicurare la continuità nell’edificazione delle istituzioni e nella transizione funzionale e nel disimpegno dall’assistenza internazionale; • esaminerà e accrescerà il ruolo della formazione, in particolare della formazione integrata della polizia, per creare servizi di polizia cui l’intera popolazione possa fare affidamento e che rap- presentino una misura di rafforzamento della fiducia; e, • esaminerà le opzioni e le condizioni per un ruolo d ell’OSCE nella tutela dell’ordine pubblico.
2. Decide di potenziare le esistenti attività OSCE connesse alla polizia nella prevenzione dei con- flitti, nella gestione delle crisi e nella ricostruzione postconflittuale anche, su richiesta degli Stati partecipanti e con il loro accordo, tramite consulenza e assistenza nella ristrutturazione e/o nel ripristino dei servizi di polizia, nel monitoraggio e nella formazione dei servizi di polizia esistenti, inclusa la formazione su diritti dell’uomo e sulle libertà fondamentali e il potenziamento delle capa- cità, incluso il supporto a servizi di polizia integrati o multietnici, ove appropriato.
3. Decide di ampliare e promuovere la cooperazione tra gli Stati partecipanti nella lotta alle nuove sfide alla sicurezza adoperandosi tra l’altro per: • prevedere e coordinare, su richiesta degli Stati partecipanti e con il loro accordo e, ove necessa- rio conformemente alle correnti procedure OSCE, su decisione del Consiglio Permanente, corsi OSCE di formazione della polizia, anche a livello regionale al fine di: – migliorare le capacità operative e tattiche della polizia; – migliorare la professionalità della polizia in settori fondamentali, tra cui il rispetto dei diritti dell’uomo e delle libertà fondamentali e, ove necessario, trattare gli aspetti criminali delle migrazioni illegali; e – accrescere le capacità dei servizi di polizia di quartiere, antidroga, anticorruzione e antiter- rorismo; e
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• su richiesta degli Stati partecipanti e con il loro accordo: – fornire consulenza diretta o avvalersi della consulenza di esperti relativamente ai fabbisogni di un efficace servizio di polizia (valutazione delle necessità) e al modo di soddisfarli, anche favorendo o individuando finanziamenti, per mettere in atto la consulenza dell’OSCE, da parte dei suoi Stati partecipanti tramite contributi fuori bilancio, o da parte di altre compe- tenti organizzazioni internazionali o regionali; e – incoraggiare, ove necessario, lo scambio di informazioni tra gli Stati partecipanti e tra stato e stato in merito alle lezioni apprese e alle migliori prassi della polizia utilizzate nella lotta contro queste nuove minacce alla sicurezza.
4. A sostegno delle summenzionate attività e iniziative, conformemente alla Piattaforma per la Sicu- rezza Cooperativa l ’OSCE provvederà a: • convocare, ove appropriato e di preferenza annualmente, riunioni di esperti di polizia degli Stati partecipanti a ll’OSCE e di rappresentanti di altre competenti organizzazioni internazio- nali e regionali specializzate; • assicurare che le attività dell’OSCE sulle questioni connesse alla polizia vengano svolte in coor- dinamento con altri attori o organizzazioni competenti, tra l’altro esaminando e se possibile migliorando la compatibilità con gli sforzi subregionali, regionali e internazionali, al fine di mas- simizzarne l’efficacia e i vantaggi per l’Organizzazione e per lo Stato partecipante ospitante, non- ché di evitare lacune, duplicazioni o sovrapposizioni di competenze; e • promuovere le potenzialità e le capacità dell’Organizzazione per quanto riguarda la programma- zione, lo svolgimento e la gestione di efficaci corsi di formazione per la polizia, il monitoraggio e il rafforzamento delle capacità, anche sviluppando collegamenti con altre competenti organiz- zazioni e agenzie nazionali nonché con le principali agenzie umanitarie.
5. In linea con le suddette iniziative gli Stati partecipanti si impegnano a: • realizzare una maggiore cooperazione bilaterale e multilaterale su questioni connesse alla poli- zia per affrontare nuovi rischi e nuove sfide alla propria sicurezza, e se appropriato, anche attra- verso maggiori contatti tra gli organi competenti; e • condividere l’esperienza d ell’OSCE e le lezioni apprese nelle attività connesse alla polizia con altre competenti organizzazioni internazionali di cui sono membri al fine di promuovere una più efficace azione internazionale contro i nuovi rischi e le nuove sfide alla sicurezza.
6. Il Consiglio Permanente esaminerà annualmente le attività connesse alla polizia, in base a un rapporto annuale del Segretario Generale sulle attività d ell’OSCE connesse alla polizia per valu- tare, tra l’altro, come tale attività possano meglio contribuire ad affrontare le sfide alla sicurezza e per decidere appropriate azioni successive conformemente alle procedure d ell’OSCE.
172 Documento della Decima Riunione del Consiglio dei Ministri Porto 2002
I. Dichiarazione del Consiglio dei Ministri di Porto
Risposte al cambiamento
1. Noi, i Ministri degli Affari Esteri degli Stati partecipanti all’Organizzazione per la Sicurezza e la Cooperazione in Europa, ci siamo riuniti a Porto ed abbiamo riaffermato la nostra ferma volontà di lavorare insieme al fine di proteggere i nostri popoli dalle minacce alla sicurezza esistenti e da quelle emergenti. L’evoluzione del contesto politico, economico e di sicurezza crea nuove sfide per l’OSCE. Con l’avanzare del nuovo secolo, tali sfide diventano maggiormente visibili ed il contri- buto unico dell’OSCE ad una comunità internazionale in cui tutte le nazioni e le persone pos- sano sentirsi sicure diviene ancora più prezioso. Abbiamo un’opportunità storica per consolidare la pace, la prosperità e la democrazia durature in un’Europa che sta diventando sempre più unita.
2. Riaffermiamo il nostro impegno a promuovere la sicurezza e la cooperazione in tutta l’area OSCE senza linee di demarcazione, rafforzando la fiducia reciproca e lavorando insieme per risol- vere le questioni di sicurezza in uno spirito di trasparenza e di partenariato. Il nostro operato sarà integrato dal lavoro delle altre organizzazioni ed istituzioni internazionali con le quali collabore- remo strettamente, sulla base della Piattaforma per la Sicurezza Cooperativa.
3. Al contempo, la nostra Organizzazione deve elaborare nuove risposte di fronte alla natura mute- vole delle minacce alla nostra sicurezza, convogliando e potenziando le tre dimensioni del nostro approccio globale. Il nostro sforzo volto a promuovere la pace e la stabilità deve andare di pari passo con la nostra ferma volontà di garantire il pieno rispetto dei diritti umani, delle libertà fon- damentali e dello stato di diritto, e di potenziare le condizioni essenziali per lo sviluppo sosteni- bile in tutti i nostri Stati.
4. Il terrorismo, così come dimostrano recenti atti terroristici, quali la cattura di ostaggi a Mosca, resta una minaccia alla sicurezza individuale e globale. La Carta per la prevenzione e la lotta al ter- rorismo che abbiamo adottato oggi stabilisce i principi del nostro approccio comune al terrorismo. Lo scorso anno, a Bucarest, in seguito agli eventi dell’11 settembre, abbiamo adottato un Piano di Azione per la lotta al terrorismo e oggi abbiamo deciso di intensificare ulteriormente i nostri impegni per attuarlo.
5. Al fine di garantire che l’OSCE possa rispondere efficacemente alle richieste presenti e future, abbiamo concluso che, nel corso del 2003, essa continuerà ad elaborare una strategia per affrontare le minacce alla sicurezza ed alla stabilità nel ventunesimo secolo. La Conferenza Annuale di Rie- same sulla Sicurezza dell’OSCE, oggi oggetto di decisione, fornirà un quadro per il potenziamento del dialogo sulla sicurezza e per il riesame del lavoro in materia di sicurezza svolto d all’OSCE e dai suoi Stati partecipanti. Abbiamo inoltre deciso di riesaminare il ruolo dell’Organizzazione nelle
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operazioni di mantenimento della pace, al fine di valutare la sua capacità e di individuare le opzioni per la sua partecipazione in tale campo.
6. Un buon servizio di polizia può contribuire notevolmente alla sicurezza ed alla stabilità. Con- fermiamo che l ’OSCE continuerà a sviluppare la propria capacità di assistere gli Stati partecipanti che desiderano rafforzare le proprie competenze in materia di servizi di polizia ed incoraggiamo gli Stati partecipanti a fornire le risorse necessarie. (…)
8. La Dimensione Umana resta il nucleo delle attività dell’Organizzazione. Le nuove modalità delle riunioni dell’OSCE sull’Attuazione delle questioni relative alla dimensione umana, adot- tate quest’anno, promuoveranno ulteriormente l’efficacia dei lavori dell’Organizzazione e delle sue istituzioni. Abbiamo convenuto di rivedere ed aggiornare il Piano di Attività d ell’OSCE per la lotta al traffico di esseri umani. La promozione della tolleranza e della non discriminazione, su cui abbiamo adottato una decisione separata, è altamente prioritaria. Abbiamo anche adottato una decisione sugli impegni elettorali e collaboreremo ulteriormente in tale settore.
9. Riconosciamo il contributo significativo delle nostre istituzioni ed operazioni sul territorio, gra- zie alla dedizione del loro personale, nel mettere in pratica gli obiettivi ed i principi della nostra Organizzazione, in collaborazione con gli Stati ospitanti. Incarichiamo il Consiglio Permanente di prendere in esame, ove opportuno, i mezzi con cui migliorare ulteriormente il funzionamento e l’efficacia delle operazioni sul territorio.
II. Carta d ell’OSCE per la prevenzione e la lotta al terrorismo
Gli Stati partecipanti a ll’OSCE, fermamente impegnati nella lotta congiunta al terrorismo,
1. Condannano nei termini più risoluti il terrorismo in tutte le sue forme e manifestazioni, indi- pendentemente da quando, dove e da chi viene perpetrato e ribadiscono che nessuna circostanza o nessun motivo possono giustificare atti terroristici o il sostegno ad essi prestato;
2. Respingono fermamente l’identificazione del terrorismo con qualsiasi nazionalità o religione e riaffermano che le iniziative antiterrorismo non sono dirette contro nessuna religione, nazione o popolo;
3. Riconoscono che il terrorismo richiede una risposta coordinata e globale e che gli atti terrori- stici internazionali, come dichiarato nella risoluzione 1373 (2001) del Consiglio di Sicurezza delle Nazioni Unite, costituiscono una minaccia alla pace e alla sicurezza internazionali e regionali;
4. Dichiarano che gli atti, i metodi e le prassi terroristiche, così come portare consapevolmente assistenza, tollerare, finanziare, pianificare e istigare tali atti, sono contrari alle finalità ed ai prin- cipi delle Nazioni Unite e dell’OSCE;
5. Ritengono estremamente importante integrare l’attuazione in corso degli impegni OSCE sul terrorismo con la riaffermazione dei principi fondamentali ed eterni in base ai quali le iniziative dell’OSCE sono state intraprese e continueranno ad essere intraprese, e che gli Stati partecipanti sottoscrivono pienamente;
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6. Riaffermano il loro impegno ad adottare le misure necessarie a proteggere i diritti dell’uomo e le libertà fondamentali – in particolar modo il diritto alla vita – di chiunque rientri nella loro giurisdizione, dagli atti terroristici;
7. Si impegnano ad applicare misure efficaci e decise contro il terrorismo, e ad attuare tutte le misure e la cooperazione anti-terrorismo in conformità con lo stato di diritto, la Carta delle Nazioni Unite e le disposizioni di diritto internazionale in materia, gli standard internazionali relativi ai diritti dell’uomo e, ove applicabile, il diritto internazionale umanitario;
8. Riaffermano che ogni Stato è obbligato ad astenersi dal fornire riparo ai terroristi, organizzare, istigare, prestare supporto o assistenza attivi o passivi o sponsorizzare in altro modo atti terrori- stici in un altro Stato, o tollerare che si svolgano attività organizzate all’interno del proprio terri- torio volte a commettere tali atti;
9. Collaboreranno per garantire che chiunque partecipi intenzionalmente a finanziare, pianificare, preparare o perpetrare atti terroristici, o a sostenerli, sia consegnato alla giustizia, e a tal fine si concederanno assistenza nella misura più ampia possibile, fornendo informazioni sulle indagini penali o sui procedimenti penali di estradizione in relazione ad atti terroristici, in conformità con il loro diritto nazionale e con gli obblighi internazionali;
10. Adotteranno adeguati provvedimenti per garantire che non venga concesso asilo a chiunque abbia pianificato o agevolato atti terroristici, o vi abbia partecipato, in conformità con le dispo- sizioni di diritto internazionale e nazionale in materia, e tramite l’opportuna applicazione delle clausole di esclusione contenute nella Convenzione relativa allo status dei rifugiati del 1951 e nel suo Protocollo del 1967;
11. Riconoscono che le convenzioni e i protocolli delle Nazioni Unite in materia, e le risoluzioni del Consiglio di Sicurezza delle Nazioni Unite, in particolare la risoluzione 1373 (2001), costitui- scono il più importante quadro giuridico internazionale per la lotta al terrorismo;
12. Riconoscono l’importanza del lavoro svolto dal Comitato Anti-terrorismo del Consiglio di Sicu- rezza delle Nazioni Unite e riaffermano il dovere e la disponibilità degli Stati partecipanti e dell’OSCE a collaborare con tale Comitato;
13. Richiamano il ruolo d ell’OSCE quale intesa regionale ai sensi del Capitolo VIII della Carta delle Nazioni Unite, ed i suoi doveri in tale contesto, volti a contribuire alla lotta mondiale con- tro il terrorismo;
14. Richiamano la loro Decisione sulla Lotta al Terrorismo ed il suo Piano d’Azione per la lotta al terrorismo, adottate nel corso della Nona Riunione del Consiglio dei Ministri dell’OSCE di Buca- rest, e riaffermano gli impegni in esse contenuti;
15. Prendono atto con soddisfazione della Dichiarazione e del Programma d’Azione adottati in seno alla Conferenza Internazionale di Bishkek sul Rafforzamento della Sicurezza e della Stabilità in Asia Centrale: Potenziamento degli sforzi globali di lotta al terrorismo, tenutasi il 13 e 14 dicembre 2001;
16. Ribadiscono l’impegno preso nel quadro della Carta per la Sicurezza Europea, che include la Piattaforma per la Sicurezza Cooperativa, adottata al Vertice di Istanbul, di cooperare più atti- vamente e strettamente gli uni con gli altri e con altre organizzazioni internazionali per affron- tare le minacce e le sfide alla sicurezza;
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17. Sottolineano che la prevenzione e lotta al terrorismo devono fondarsi su un concetto di sicu- rezza comune e globale e su un approccio costante, e si impegnano ad avvalersi delle tre dimen- sioni e di tutti gli organismi e le istituzioni d ell’OSCE per coadiuvare gli Stati partecipanti che lo richiedono a prevenire e combattere il terrorismo in tutte le sue forme;
18. Si impegnano ad onorare i loro obblighi, in conformità con le convenzioni, i protocolli e le riso- luzioni del Consiglio di Sicurezza delle Nazioni Unite, nonché con gli altri impegni internazionali, per garantire che gli atti terroristici e le attività che li sostengono, compreso il finanziamento al ter- rorismo, vengano contemplati come reati penali gravi nelle legislazioni nazionali;
19. Lavoreranno insieme per prevenire, reprimere, indagare e perseguire gli atti terroristici, anche attraverso una più intensa cooperazione e la piena attuazione delle convenzioni e dei protocolli internazionali in materia di terrorismo;
20. Sono convinti che sia necessario affrontare le condizioni che possono alimentare e sostenere il terrorismo, in particolare rispettando appieno la democrazia e lo stato di diritto, consentendo a tutti i cittadini di partecipare pienamente alla vita politica, prevenendo la discriminazione ed incoraggiando il dialogo inter-culturale e inter-religioso nelle loro società, coinvolgendo la società civile nel trovare una soluzione politica comune ai conflitti, promuovendo i diritti dell’uomo e la tolleranza e lottando contro la povertà;
21. Riconoscono il ruolo positivo che i mezzi di comunicazione possono svolgere nel promuovere la tolleranza e la comprensione fra religioni, credo, culture e popoli, nonché per accrescere la con- sapevolezza delle minacce del terrorismo;
22. Si impegnano a contrastare i discorsi di istigazione all’odio e ad adottare le misure necessarie a prevenire l’abuso dei mezzi di informazione e delle tecnologie informatiche a fini terroristici, garan- tendo che tali misure siano conformi al diritto internazionale e nazionale ed agli impegni dell’OSCE;
23. Impediranno la circolazione di terroristi, singoli o in gruppi, tramite efficaci controlli alle fron- tiere e sul rilascio di documenti di identità e titoli di viaggio;
24. Riconoscono che è necessario integrare la cooperazione internazionale adottando tutte le misure necessarie per prevenire e reprimere nei loro territori, tramite tutti i mezzi legali, l’assistenza, il finanziamento e la preparazione di qualsiasi atto terroristico, e rendere legalmente perseguibili la messa a disposizione o la raccolta intenzionali di fondi a fini terroristici, nel quadro degli obbli- ghi da essi assunti ai sensi della Convenzione Internazionale per la Repressione dei Finanziamenti al Terrorismo e delle risoluzioni del Consiglio di Sicurezza in materia;
25. Riaffermano il loro impegno a rispettare i loro obblighi internazionali, come enunciato nelle risoluzioni 1373 (2001) e 1390 (2002) del Consiglio di Sicurezza delle Nazioni Unite, e in partico- lare di congelare i beni di coloro che sono indicati dal Comitato istituito ai sensi della risoluzione 1267 del Consiglio di Sicurezza delle Nazioni Unite (1999);
26. Prendono atto con preoccupazione dei legami fra terrorismo e criminalità organizzata trans- nazionale, riciclaggio di denaro sporco, traffico di esseri umani, sostanze stupefacenti ed armi, e al riguardo sottolineano la necessità di promuovere il coordinamento e di elaborare approcci cooperativi a tutti i livelli al fine di rafforzare le loro risposte a tali gravi minacce e sfide alla sicu- rezza e alla stabilità;
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27. Dichiarano di essere fermamente decisi ad usare in buona fede tutti gli strumenti pertinenti disponibili nel quadro della dimensione politico-militare dell’OSCE, come rappresentati dal Foro di Cooperazione per la Sicurezza, e sottolineano l’importanza della piena attuazione di tali stru- menti, ed in particolare del Codice di Condotta sugli aspetti politico-militari della sicurezza ed il Documento OSCE sulle armi di piccolo calibro e leggere;
28. Riaffermano che il controllo delle armi, il disarmo e la non proliferazione restano elementi indispensabili della sicurezza cooperativa fra Stati; che essi possono anche prestare un contributo essenziale, riducendo il rischio che i terroristi abbiano accesso alle armi ed ai materiali di distru- zione di massa ed ai loro mezzi di consegna;
Esprimono la loro determinazione a lottare contro i rischi dovuti alla diffusione illegale ed all’ac- cesso alle armi convenzionali, comprese quelle di piccolo calibro e leggere.
Compiranno ogni tentativo per ridurre al minimo tali pericoli, tramite impegni nazionali ed il raf- forzamento e il potenziamento degli strumenti multilaterali esistenti nei settori del controllo delle armi, del disarmo e della non proliferazione, inclusi i Principi OSCE che disciplinano la non pro- liferazione, e per sostenerne l’efficace attuazione e, ove possibile, l’universalità.
III. Dichiarazione sul traffico di esseri umani
I.
Noi, i membri del Consiglio dei Ministri d ell’OSCE, dichiariamo che il traffico di esseri umani rappresenta una minaccia pericolosa per la sicurezza nell’area OSCE ed oltre.
Dichiariamo che il traffico di esseri umani ed altre forme moderne di schiavitù costituiscono un’or- renda violazione della dignità e dei diritti dell’uomo.
Riconosciamo che il traffico di esseri umani rappresenta un settore della criminalità organiz- zata transnazionale grave e in rapida espansione, che genera enormi introiti per reti criminali che possono anche essere collegate ad attività illecite, quali il traffico di stupefacenti e di armi, non- ché di migranti.
Ricordiamo e reiteriamo il nostro pieno rispetto degli impegni d ell’OSCE per la lotta al traffico di esseri umani, enunciati nel Documento di Mosca del 1991, nella Carta per la Sicurezza Euro- pea adottata a Istanbul nel 1999, nella Decisione N.1 del Consiglio dei Ministri adottata a Vienna nel 2000, nella Decisione N.426 del Consiglio Permanente e nella Decisione N.6 del Consiglio dei Ministri adottata a Bucarest nel 2001, e dichiariamo la nostra ferma volontà di rafforzare la coo- perazione nella lotta al traffico di esseri umani nei paesi di origine, di transito e di destinazione.
Reiteriamo la nostra ferma volontà di lottare contro ogni forma di traffico di esseri umani ed esor- tiamo gli Stati che non lo abbiano ancora fatto a considerare l’eventualità di ratificare o accedere alla Convenzione delle Nazioni Unite contro la Criminalità Organizzata Transnazionale ed al suo Protocollo aggiuntivo per la prevenzione, la repressione e la punizione del traffico di persone, in particolare donne e bambini, e a tenere conto della definizione di traffico di esseri umani conte- nuta nel suddetto Protocollo.
Dichiariamo che la ratifica e la piena attuazione di tali strumenti rafforzerebbe il quadro giuri- dico internazionale e nazionale e le capacità di applicazione della legislazione per la lotta al traffico
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di esseri umani. Incoraggiamo vivamente gli Stati a valutare la ratifica e la piena attuazione con- testuali del Protocollo contro il traffico di migranti per via terrestre, aerea e marittima, che inte- gra altresì la suddetta Convenzione.
Riaffermiamo il nostro sostengo alle unità dell’ODIHR per la lotta al traffico e per le pari opportu- nità e ci esprimiamo a favore di un’accresciuta partecipazione del Punto di Contatto dell’ODIHR per le questioni relative ai Rom e ai Sinti. Riaffermiamo inoltre il nostro sostegno alle operazioni dell’OSCE sul territorio ed al Segretariato OSCE, in particolare al Consulente OSCE per le Pari Opportunità. Esprimiamo il nostro encomio per il loro approccio globale e per il loro contributo agli impegni nazionali volti a prevenire il traffico di esseri umani, perseguire i responsabili e tute- lare e assistere le vittime.
Sosteniamo inoltre il lavoro della Forza Operativa del Patto di Stabilità sul traffico di esseri umani sotto l’egida dell’OSCE. Esprimiamo il nostro encomio per il suo ruolo di forza trainante nella pro- mozione della cooperazione regionale e dello sviluppo delle relative iniziative.
II.
Riconosciamo la necessità di affrontare le cause profonde del traffico e di ridurre le disparità e gli svantaggi economici e sociali, che spingono alla migrazione clandestina e che possono essere sfrut- tate dalle reti della criminalità organizzata a proprio vantaggio. Riconosciamo inoltre l’esigenza di lottare contro la corruzione, che facilita il funzionamento di tali reti. Raccomandiamo che l’Uf- ficio delle attività economiche ed ambientali dell’OSCE svolga un ruolo più ampio nell’affrontare tutti gli aspetti economici del traffico di esseri umani.
Riconosciamo che, nei paesi di destinazione, la richiesta di attività svolte dalle persone oggetto di traffico a fini di sfruttamento sessuale, lavoro forzato, schiavitù ed altre pratiche assimilabili alla schiavitù costituisce un fattore integrante del traffico di esseri umani. Esortiamo i paesi di desti- nazione ad adottare misure volte a far fronte efficacemente a tale richiesta quale elemento chiave della loro strategia di prevenzione e lotta efficace al traffico di esseri umani, e di applicare tolle- ranza zero nei confronti dello sfruttamento sessuale, della schiavitù e di tutte le forme di sfrutta- mento del lavoro forzato, qualunque sia la sua natura.
Esprimiamo profonda preoccupazione circa le informazioni concernenti il coinvolgimento di alcuni membri delle missioni di organizzazioni internazionali in attività connesse al traffico di esseri umani, in particolare in paesi in situazione post-conflittuale. Reiteriamo l’importanza della Deci- sione N.426 del Consiglio Permanente del 12 luglio 2001 sul traffico di esseri umani ed inco- raggiamo l’adozione e l’attuazione delle relative misure, quali il “Codice di Condotta OSCE per i membri delle missioni”. Non tollereremo che i membri del personale internazionale siano coin- volti in attività illecite di alcun tipo, che alimentino tale commercio illecito o che contravvengano a tale Codice di Condotta. Ci impegniamo ad adottare tutte le misure attuabili al fine di garantire che i membri del personale internazionale rispondano di tali attività di fronte alle autorità nazio- nali e, ove opportuno, locali.
Esprimiamo la nostra preoccupazione circa l’aumento del traffico di minori e, riconoscendo le esi- genze particolari dei bambini, diamo il nostro sostegno ad una maggiore ricerca e scambio di infor- mazioni sul traffico di minori e, considerando gli interessi dei minori prioritari in tutte le iniziative che li riguardano, richiediamo l’elaborazione di misure speciali che impediscano l’ulteriore sfrut- tamento dei minori oggetto di traffico e che ne tutelino il benessere psico-fisico.
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Ci adopereremo al fine di adottare misure adeguate per la prevenzione del traffico di esseri umani nei nostri paesi, anche attraverso campagne mirate di sensibilizzazione e di istruzione nei paesi di origine e di transito, rivolte in particolar modo ai giovani e ad altri gruppi a rischio, e cerche- remo di elaborare campagne adeguate nei paesi di destinazione, di organizzare corsi di formazione per i funzionari e i dipendenti statali competenti nei settori preposti all’applicazione della legge, al controllo delle frontiere, alla giustizia penale e ai servizi sociali, e di raccomandare la piena col- laborazione con le ONG in tale settore.
Ci adopereremo al fine di fornire assistenza e tutela alle vittime del traffico, in particolar modo donne e bambini, e a tal fine, ove opportuno, di istituire Meccanismi Nazionali di Riferimento efficaci e globali, che assicurino che le vittime del traffico non siano perseguibili solo per il fatto di essere state oggetto di traffico. La dignità e i diritti umani delle vittime devono essere rispettati in ogni momento. Considereremo l’adozione di misure appropriate, quali alloggi, e stabiliremo procedure di rimpatrio adeguate per le vittime del traffico, nel dovuto rispetto della loro sicu- rezza, compreso il rilascio di documenti. Considereremo inoltre l’elaborazione di politiche con- cernenti la concessione di benefici economici e sociali alle vittime, nonché il loro reinserimento e loro riabilitazione nella società.
Riconosciamo che una cooperazione più intensa tra i principali attori nei paesi di origine, transito e destinazione svolge un ruolo fondamentale nei programmi di rimpatrio delle vittime del traffico e ne facilita il reinserimento. Incoraggiamo pertanto tutte le organizzazioni che forniscono assi- stenza alle vittime, incluse le ONG, a sviluppare ulteriormente tale cooperazione.
Prenderemo in considerazione l’adozione di misure legislative e di altra natura che consentano alle vittime del traffico di rimanere nel nostro territorio, temporaneamente o permanentemente, laddove appropriato, tenendo conto degli aspetti umanitari e assistenziali.
Rivolgiamo un appello agli Stati partecipanti affinché rafforzino la cooperazione internazionale nella lotta alla criminalità organizzata transnazionale, inclusi atti illeciti quali il traffico di stupe- facenti e di armi, nonché quello di migranti. Tale cooperazione comprenderà gli organi preposti all’applicazione del diritto internazionale, quali Europol ed Interpol, nonché l’Iniziativa di Coo- perazione per l’Europa sudorientale (SECI), al fine di effettuare indagini e perseguire legalmente i responsabili del traffico di esseri umani, conformemente al diritto nazionale e, ove applicabile, agli obblighi internazionali. A tale riguardo, chiediamo che il Consulente di polizia di grado ele- vato dedichi maggiore attenzione alla lotta al traffico di esseri umani.
Reiteriamo la necessità di strategie nazionali al fine di convogliare le iniziative per la lotta al traf- fico di esseri umani e di intensificare il coordinamento tra organizzazioni nazionali, internazio- nali e regionali in questo campo. E’ possibile rispondere a tale necessità attraverso misure quali la nomina di organi interministeriali e coordinatori nazionali o, ove opportuno, di altri organi o meccanismi competenti.
III.
Conveniamo di intensificare la cooperazione, fondata su un approccio multidimensionale, tra le strutture e le istituzioni OSCE competenti, nonché tra l’OSCE e altre organizzazioni ed attori internazionali competenti, incluse le Nazioni Unite e le sue agenzie specializzate, il Consiglio d’Eu- ropa, l’Unione Europea e l’Organizzazione internazionale per le migrazioni, di incaricare il Consi- glio Permanente di esaminare modalità migliori per garantire tale cooperazione, al fine di lottare contro il traffico di esseri umani.
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Incarichiamo il Consiglio Permanente, attraverso il Gruppo di lavoro informale sulle pari oppor- tunità e per la lotta al traffico di esseri umani, di riesaminare la Proposta di Piano di Azione OSCE per il 2000 per le attività volte alla lotta al traffico di esseri umani e di elaborare un nuovo progetto per ulteriori interventi adeguati entro il 25 luglio 2003.
Incarichiamo il Presidente in esercizio e il Consiglio Permanente di impiegare gli esistenti organi e fori dell’OSCE per scambiare informazioni, riesaminare gli impegni e condividere le migliori prassi di lotta al traffico di esseri umani, nonché di promuovere la partecipazione regolare di esperti in rappresentanza delle istituzioni e degli organi nazionali competenti, nonché di rappresentanti delle organizzazioni e delle ONG internazionali associate. (…)
V. Decisioni del Consiglio dei Ministri di Porto
Decisione N.1
Attuazione degli impegni e delle attività dell’OSCE per la lotta al terrorismo
Il Consiglio dei Ministri,
prende atto dell’esaustivo rapporto del Segretario Generale sugli interventi degli organi e delle isti- tuzioni d ell’OSCE per la lotta al terrorismo, compresa l’attuazione del Piano d’Azione di Bucarest per la Lotta al Terrorismo e del Programma d’Azione di Bishkek;
decide che tutti gli Stati partecipanti dell’OSCE, i suoi organi e le sue istituzioni continueranno ad attuare con urgenza gli impegni di Bucarest e ad assicurarne l’efficacia;
ribadisce l’impegno assunto da tutti gli Stati partecipanti a diventare non appena possibile parte di tutte le 12 le Convenzioni delle Nazioni Unite in materia di terrorismo e relativi protocolli, e accoglie favorevolmente le iniziative intraprese dagli Stati partecipanti che hanno già termi- nato tali procedure;
si impegna a lavorare per una positiva conclusione dei negoziati sui nuovi strumenti universali in tale settore, attualmente in corso nell’ambito delle Nazioni Unite, e conferma la propria disponi- bilità ad esaminare le richieste di assistenza tecnica e rafforzamento delle capacità, in collabora- zione con il Comitato Anti-Terrorismo del Consiglio di Sicurezza delle Nazioni Unite, allo scopo di far progredire la ratifica e l’attuazione degli strumenti delle Nazioni Unite sul terrorismo e di altri strumenti in materia;
riconoscendo il pericolo rappresentato dalle armi di distruzione di massa nelle mani dei terrori- sti, sollecita tutti gli Stati a cooperare sui negoziati in corso presso le Nazioni Unite su una Con- venzione Internazionale per la repressione degli atti di terrorismo nucleari, e presso l’Agenzia Internazionale per l’Energia Atomica su un protocollo alla Convenzione delle Nazioni Unite sulla Protezione Fisica del Materiale Nucleare;
accoglie con favore le attività intraprese dal Foro di Cooperazione per la Sicurezza, riferite dal Pre- sidente, in conformità con il suo Percorso Definito e sollecita il Foro di Cooperazione per la Sicu- rezza a rimanere investito della questione della lotta al terrorismo nell’ambito del suo mandato e delle sue competenze;
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incoraggia il Coordinatore delle Attività Economiche e Ambientali dell’OSCE a perseguire pro- grammi in cooperazione e coordinamento con l’Ufficio Droga e Criminalità delle Nazioni Unite per sostenere gli sforzi degli Stati partecipanti volti a rafforzare la loro capacità di prevenire e repri- mere i finanziamenti ai terroristi;
accoglie favorevolmente la decisione del luglio 2002 (PC.DEC/487) in base alla quale tutti gli Stati partecipanti completeranno le autovalutazioni della Forza Operativa di Azione Finanziaria (FATF) sul rispetto delle Otto Raccomandazioni Speciali sul Finanziamento ai Terroristi e prende atto, approvandolo, della percentuale di risposte, pari ad oggi all’88 percento. Si impegna ad adot- tare iniziative per una rapida attuazione delle Otto Raccomandazioni Speciali sul Finanziamento ai Terroristi della Forza Operativa di Azione Finanziaria, relative ai finanziamenti ai terroristi;
richiama la raccomandazione inviata a ll’OSCE dal Rappresentante Personale del Presidente in Esercizio per la prevenzione e la lotta al terrorismo di perseguire le attività in materia, fra l’altro, di polizia, sicurezza delle frontiere, traffico illecito e repressione dei finanziamenti ai terroristi. Chiede ai donatori interessati di esaminare la possibilità di erogare le risorse necessarie ad attuare i progetti OSCE per la lotta al terrorismo;
decide che gli Stati partecipanti d ell’OSCE, i suoi organismi e le sue istituzioni intensificheranno i loro sforzi e il loro impegno collettivo per la lotta al terrorismo, nonché le condizioni che possono promuoverli e sostenerli, sfruttando i suoi punti di forza e i suoi vantaggi comparati: l’approccio globale alla sicurezza; la competenza nei settori del preallarme, della prevenzione dei conflitti, della gestione delle crisi e della ricostruzione post-conflittuale; l’ampio repertorio di comprovate misure volte a rafforzare la fiducia e la sicurezza e l’esperienza in materia di rafforzamento delle capacità.
Decisione N.2
Elaborazione di una strategia OSCE per far fronte alle minacce per la sicurezza e la stabilità nel ventunesimo secolo
Il Consiglio dei Ministri,
sulla base della Dichiarazione del Consiglio dei Ministri di Bucarest (2001) ed in particolare del paragrafo 8 sull’elaborazione di una strategia OSCE per far fronte alle minacce per la sicurezza e la stabilità nel ventunesimo secolo,
richiamando i documenti e le decisioni OSCE, inclusa la Carta per la Sicurezza Europea adottata al Vertice di Istanbul, che individua i rischi e le sfide per la sicurezza, e reiterando l’impegno degli Stati partecipanti a collaborare in uno spirito di solidarietà nel contrastarli sulla base della Carta delle Nazioni Unite, delle norme e dei principi di diritto internazionale e degli impegni assunti in seno a ll’OSCE,
tenendo presente l’esigenza di sostenere il concetto di sicurezza comune, globale ed indivisibile, fondato sull’uguaglianza sovrana e la solidarietà degli Stati,
riconfermando l’importanza del ruolo d ell’OSCE nella creazione di un meccanismo di coopera- zione efficace volto ad affrontare le minacce per la sicurezza e la stabilità nell’area euro-atlantica e nell’ampliare a tal fine il dialogo in seno a ll’OSCE, nonché la cooperazione ed il partenariato con altre istituzioni ed organizzazioni internazionali, regionali e subregionali, sulla base della Piatta- forma per la sicurezza cooperativa,
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impegnato a potenziare l’efficacia delle attività connesse alla sicurezza attraverso tutte le tre dimen- sioni d ell’OSCE, conformemente ai processi europei e mondiali in fase di elaborazione,
tenendo conto delle discussioni avviate dalla Presidenza portoghese sull’elaborazione di una Stra- tegia OSCE per il futuro e dei contributi degli Stati partecipanti,
ha deciso quanto segue: • di incaricare il Consiglio Permanente di proseguire i suoi lavori volti ad elaborare, nel corso dell’anno 2003, una Strategia OSCE globale per far fronte alle minacce per la sicurezza e la sta- bilità nel ventunesimo secolo e di richiedere al Foro di Cooperazione per la Sicurezza di fornire il proprio contributo a tali lavori, nell’ambito delle proprie competenze e del proprio mandato.
Tale Strategia tra l’altro: • identificherà le minacce alla nostra stabilità e sicurezza comuni e ne analizzerà la natura mute- vole e le principali cause; • analizzerà il ruolo degli organi, delle istituzioni e delle operazioni sul territorio dell’OSCE e il loro approccio coordinato per contrastare le minacce per la sicurezza e la stabilità; • stabilirà il modo in cui l ’OSCE può prevenire o contrastare le minacce per la sicurezza e la sta- bilità e contribuire ad iniziative internazionali al riguardo. In particolare essa dovrà: • adattare o integrare, laddove necessario, gli strumenti ed i meccanismi di cooperazione esi- stenti in seno a ll’OSCE; • stabilire forme più intense di cooperazione con altre organizzazioni ed istituzioni in tale ambito; • migliorare la risposta dell’OSCE alle esigenze degli Stati partecipanti in termini di rafforzamento della capacità di contrastare le minacce per la sicurezza e la stabilità, tenendo conto degli inte- ressi di tutti gli Stati partecipanti.
In tale contesto gli Stati partecipanti si avvarranno della Conferenza Annuale di Riesame sulla Sicurezza dell’OSCE, tra l’altro, al fine di riesaminare l’attuazione di tale Strategia.
In tale contesto gli Stati partecipanti si avvarranno della Conferenza Annuale di Riesame sulla Sicurezza dell’OSCE, tra l’altro, al fine di riesaminare l’attuazione di tale Strategia.
Il Consiglio dei Ministri decide altresì: • che i lavori sulla Strategia saranno condotti in seno ad un gruppo di lavoro speciale del Consi- glio Permanente, in stretta collaborazione con il Foro di Cooperazione per la Sicurezza e con- formemente alla Decisione N.3 del Consiglio dei Ministri di Bucarest sulla promozione del ruolo dell’OSCE quale foro di dialogo politico. I progressi compiuti su tali lavori saranno riesami- nati, ove necessario, in sedute speciali del Consiglio Permanente e del Foro di Cooperazione per la Sicurezza, incluse le loro riunioni congiunte.
Decisione N.3
Conferenza annuale di riesame sulla sicurezza
Il Consiglio dei Ministri,
reiterando il concetto dell’OSCE di sicurezza comune, globale ed indivisibile, riconoscendo l’esi- genza di rafforzare l’efficacia delle attività per la sicurezza attraverso le tre dimensioni d ell’OSCE,
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riaffermando il ruolo dell’OSCE quale organizzazione di primo piano per la soluzione pacifica delle controversie all’interno della sua regione e quale strumento chiave di preallarme, preven- zione dei conflitti, gestione delle crisi e ricostruzione postconflittuale, nonché il suo carattere di organizzazione globale ed onnicomprensiva per consultazioni, scelte decisionali e coopera- zione nella sua regione,
tenendo conto del Piano di Azione di Bucarest per la Lotta al Terrorismo e del Programma di Azione di Bishkek, della Carta d ell’OSCE per la prevenzione e la lotta al terrorismo, nonché della Carta per la Sicurezza Europea adottata al Vertice di Istanbul e del lavoro in corso volto ad elaborare una strategia OSCE per affrontare le minacce per la sicurezza e la stabilità nel ventunesimo secolo,
ponendo l’accento sull’accresciuta importanza della cooperazione internazionale e del dialogo poli- tico tra gli Stati partecipanti e con altre organizzazioni internazionali, regionali e sub-regionali in risposta alle minacce per la nostra sicurezza comune,
consapevole del pericolo che i conflitti in diverse regioni dell’area OSCE rappresentano per tutti gli Stati partecipanti,
richiamando la Decisione N.3 del Consiglio dei Ministri di Bucarest sulla promozione del ruolo dell’OSCE quale Foro di dialogo politico,
riconoscendo il ruolo del Foro di Cooperazione per la Sicurezza quale organo OSCE preposto, tra l’altro, alla negoziazione del controllo delle armi, al disarmo e al rafforzamento della fiducia e della sicurezza e alla valutazione dell’attuazione delle misure concordate,
in considerazione del ruolo del Foro Economico annuale e dei suoi seminari di preparazione e sui seguiti per il riesame delle attività d ell’OSCE nella dimensione economica ed ambientale della sicurezza,
tenendo conto del ruolo delle Riunioni di Attuazione della Dimensione Umana, delle Conferenze di Riesame, delle Riunioni Supplementari sulla Dimensione Umana e del Seminario annuale sulla Dimensione Umana per il riesame dell’attuazione degli impegni nella dimensione umana della sicurezza,
sottolineando la necessità di raggiungere un equilibrio adeguato tra le tre dimensioni dell’OSCE,
deciso ad integrare le attività di altri organi ed istituzioni dell’OSCE, inclusa la Riunione annuale per l’Attuazione della Valutazione, senza duplicarle o sostituirle, decide di istituire una Conferenza Annuale di Riesame sulla Sicurezza, con il seguente scopo e le seguenti modalità:
I. Scopo
Fornire un quadro per migliorare il dialogo sulla sicurezza e per il riesame del lavoro intrapreso in materia di sicurezza d all’OSCE e dai suoi Stati partecipanti, tra cui: • l’attuazione di una strategia OSCE per far fronte alle minacce per la sicurezza e la stabilità nel ventunesimo secolo; • l’attuazione di impegni OSCE nella lotta al terrorismo; • gli aspetti politico-militari della sicurezza; • l’attuazione delle decisioni e delle attività OSCE nel campo del preallarme, della prevenzione dei conflitti, della gestione delle crisi e della ricostruzione postconflittuale;
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• le attività relative alla sicurezza nelle istituzioni dell’OSCE e nelle sue operazioni sul territorio; • attività dell’OSCE connesse alla polizia; • altre questioni relative alla sicurezza, incluse quelle regionali, trattate d all’OSCE.
La Conferenza può altresì costituire un’opportunità di scambio di opinioni su questioni relative al controllo delle armi e alle misure per il rafforzamento della fiducia e della sicurezza, inclusi il trattato CFE ed il Trattato sui Cieli Aperti.
Inoltre, la Conferenza promuoverà lo scambio di informazioni e la cooperazione con le istituzioni ed organizzazioni internazionali e regionali competenti.
II. Modalità
La Conferenza di Riesame sulla Sicurezza si riunirà annualmente a Vienna, salvo diversa disposi- zione. La riunione durerà dai 2 ai 3 giorni e si terrà prima della pausa estiva. Le delegazioni degli Stati partecipanti saranno esortate ad avvalersi dell’apporto di rappresentati di alto livello inviati dalle capitali.
La Conferenza sarà presieduta da un rappresentante del Presidente in esercizio, con la partecipa- zione del Foro di Cooperazione per la Sicurezza, se del caso.
La data, l’ordine del giorno e le modalità specifiche della riunione saranno decise annualmente dal Consiglio Permanente, tenendo presente le raccomandazioni del Foro di Cooperazione per la Sicurezza.
La Conferenza può elaborare raccomandazioni da sottoporre per un ulteriore esame del Consiglio Permanente e, se del caso, del Foro di Cooperazione per la Sicurezza.
Il Foro di Cooperazione per la Sicurezza contribuirà a tale conferenza conformemente alle sue pro- cedure, al suo mandato ed alle sue competenze.
I funzionari competenti degli organi e delle istituzioni OSCE saranno invitati dal Consiglio Per- manente a riferire alla Conferenza circa le loro attività in materia di sicurezza e circa i settori che richiedono ulteriori interventi. Le istituzioni e le organizzazioni internazionali e regionali com- petenti saranno invitate a partecipare, come stabilito dal Consiglio Permanente.
Le norme procedurali stabilite dall’OSCE si applicheranno alla Conferenza Annuale di Riesame sulla Sicurezza.
Decisione N.6
Tolleranza e non discriminazione
Il Consiglio dei Ministri,
richiamando i principi dei diritti dell’uomo e della dignità inerente alla persona umana, della libertà di pensiero, coscienza, religione o credo, che ispirano le disposizioni generali degli impe- gno d ell’OSCE nel quadro della dimensione umana,
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richiamando la Carta per la Sicurezza Europea, il Vertice di Istanbul del 1999 che riafferma la piena conformità alla Carta delle Nazioni Unite e all’Atto finale di Helsinki, nonché la Carta di Parigi e tutti gli altri documenti OSCE,
richiamando la Decisione N.5 del Consiglio dei Ministri adottata alla sua Nona Riunione di Buca- rest che riafferma la sua inquietudine circa le manifestazioni di nazionalismo aggressivo, razzismo, sciovinismo, xenofobia, antisemitismo e estremismo violento, ovunque si verifichino,
ribadendo che la democrazia e la tutela dei diritti dell’uomo e delle libertà fondamentali sono una salvaguardia essenziale della tolleranza e della non discriminazione e costituiscono impor- tanti fattori di stabilità, sicurezza, cooperazione e sviluppo pacifico nell’intera regione dell’OSCE, e che al contrario la tolleranza e la non discriminazione sono elementi importanti nella promo- zione dei diritti dell’uomo,
riaffermando il divieto di discriminazione riconosciuto internazionalmente, senza distinzioni ostili alcune, quali la razza, il colore, il sesso, la lingua, la religione o il credo, le opinioni politi- che o d’altro genere, l’origine nazionale o sociale, il censo, la nascita o qualsiasi altra condizione,
richiamando il continuo lavoro svolto dalle strutture e dalle istituzioni OSCE nel campo della pro- mozione dei diritti dell’uomo, della tolleranza, della non discriminazione e del multiculturalismo, in particolare tramite le riunioni, le attività, i progetti e i programmi nel campo della dimensione umana, inclusi quelli intrapresi dagli Stati partecipanti,
sottolineando il ruolo positivo del dialogo multiculturale e interreligioso tramite la promozione di una migliore comprensione fra nazioni e popoli,
tenendo conto che la promozione della tolleranza e della non discriminazione può inoltre contri- buire ad eliminare la causa dell’istigazione all’odio e del nazionalismo aggressivo, del razzismo, dello sciovinismo, della xenofobia, dell’antisemitismo e dell’estremismo violento,
riconoscendo la responsabilità degli Stati partecipanti nella promozione della tolleranza e della non discriminazione
1.(a) condanna nei termini più severi tutte le manifestazioni di nazionalismo aggressivo, di razzi- smo, di sciovinismo, di xenofobia, di antisemitismo e di estremismo violento, nonché l’istigazione all’odio e gli episodi di discriminazione basati sulla religione o sul credo; (b) si impegna a promuovere ulteriormente il dialogo multiculturale, interetnico e interreligioso al quale i governi e la società civile saranno invitati a partecipare attivamente; (c) si impegna inoltre a promuovere ulteriormente i diritti delle persone appartenenti a mino- ranze nazionali;
2. decide di intensificare gli sforzi volti a mantenere e a rafforzare la tolleranza e la non discrimi- nazione con l’assistenza delle istituzioni OSCE e in cooperazione con le pertinenti organizzazioni internazionali e la società civile, con mezzi quali gli scambi di informazioni e le migliori prassi;
3. invita gli Stati partecipanti, che non l’abbiano ancora fatto, a considerare la ratifica degli stru- menti internazionali che affrontano il problema della discriminazione e sollecita il pieno adempi- mento degli obblighi ivi assunti;
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4. si impegna ad adottare misure adeguate in conformità con i relativi sistemi costituzionali, a livello nazionale, regionale e locale, al fine di promuovere la tolleranza e la non discriminazione, nonché a contrastare i pregiudizi e i travisamenti, particolarmente nel campo dell’istruzione, della cultura e dell’informazione;
5. condanna in particolare la discriminazione in base a motivi religiosi e si impegna a cercare di prevenire tutti gli attacchi diretti a gruppi religiosi, sia che si tratti di persone, luoghi di culto od oggetti religiosi;
6. condanna in particolare il recente aumento di incidenti antisemiti nella regione dell’OSCE, rico- noscendo il ruolo che l’antisemitismo ha svolto nella storia quale principale minaccia alla libertà;
7. condanna inoltre il recente aumento di atti di discriminazione e di violenza contro i musulmani nella regione d ell’OSCE e rifiuta fermamente di identificare il terrorismo e l’estremismo con una particolare religione o cultura;
8. decide di assumere posizioni pubbliche forti contro l’istigazione all’odio e altre manifestazioni di nazionalismo aggressivo, di razzismo, di sciovinismo, di xenofobia, di antisemitismo e di estre- mismo violento, nonché contro episodi di discriminazione in base alla religione o al credo;
9. sollecita le autorità competenti degli Stati partecipanti a svolgere indagini rapide e imparziali sugli atti di violenza, specialmente laddove via sia il ragionevole sospetto che essi siano motivati da nazionalismo aggressivo, razzismo, sciovinismo, xenofobia, antisemitismo ed estremismo vio- lento, nonché su attacchi motivati dall’odio contro una particolare religione o credo, e a perse- guire i responsabili in conformità alla legislazione nazionale e alle pertinenti norme internazionali relative ai diritti dell’uomo;
10. incarica il Consiglio Permanente di considerare un ulteriore potenziamento del Punto di con- tatto per le questioni relative ai Rom e ai Sinti in seno all’Ufficio per le Istituzioni Democratiche e i Diritti dell’uomo (ODIHR);
11. lancia un appello affinché si convochino riunioni separatamente definite relative alla dimen- sione umana su questioni affrontate da tale decisione, anche sui temi dell’antisemitismo, della discriminazione, del razzismo e della xenofobia;
12. incarica il Presidente in esercizio e il Consiglio Permanente in stretta cooperazione con l ’ODIHR, l’Alto Commissario OSCE per le Minoranze Nazionali e il Rappresentante OSCE per la libertà dei mezzi d’informazione di assicurare un seguito efficace alla presente decisione, tramite un mag- giore utilizzo degli strumenti di cui l’OSCE già dispone, incluse le riunioni e i seminari annuali relativi alla dimensione umana.
Decisione N.7
Impegni elettorali
Il Consiglio dei Ministri,
richiamando le disposizioni del Documento della Riunione di Copenaghen della Conferenza sulla Dimensione Umana della CSCE del 1990,
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prendendo atto del fatto che gli impegni aggiuntivi contemplati nella Dichiarazione del Vertice di Lisbona del 1996, nella Dichiarazione del Vertice di Istanbul del 1999 e nella Dichiarazione del Consiglio dei Ministri di Bucarest del 2001 hanno integrato tali disposizioni,
riaffermando la determinazione ad attuare tali impegni,
riconoscendo che elezioni democratiche si possono svolgere con diversi sistemi elettorali,
riconoscendo la competenza d ell’ODIHR nell’assistere gli Stati partecipanti nell’attuazione degli impegni relativi alle elezioni,
tenendo conto della Decisione N.509 del PC sulle norme e gli impegni internazionali: una guida pratica sulle migliori prassi per le elezioni democratiche,
rivolge un appello agli Stati partecipanti affinché rafforzino la loro risposta alle raccomandazioni formulate d all’ODIHR in seguito alle osservazioni elettorali,
incarica il Consiglio Permanente di prendere in esame la necessità di elaborare impegni aggiuntivi sulle elezioni, in uno spirito di maggiore collaborazione con altre organizzazioni internazionali, nonché tra gli Stati partecipanti e di riferirne alla prossima riunione del Consiglio dei Ministri.
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I. Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo
1. L’evolversi del quadro di sicurezza all’inizio del ventunesimo secolo crea nuove sfide per tutti, anche per l ’OSCE. L’OSCE affronterà tali sfide basandosi sui suoi importanti punti di forza, vale a dire la sua ampia partecipazione, dall’America del nord all’Europa e a parte dell’Asia, e il suo concetto pluridimensionale di sicurezza comune, globale, cooperativa e indivisibile. L’Organiz- zazione resta impegnata a promuovere un’area OSCE libera, democratica e più integrata priva di linee di divisione.
2. Il rispetto e l’osservanza del diritto internazionale e dei principi dello Statuto delle Nazioni Unite restano al centro degli sforzi intesi a prevenire e a combattere le minacce alla stabilità e alla sicurezza. La responsabilità di mantenere la pace e la sicurezza internazionale spetta primaria- mente al Consiglio di Sicurezza delle Nazioni Unite, che continua a svolgere un ruolo determi- nante, contribuendo alla sicurezza e alla stabilità nella regione OSCE. L’osservanza delle norme, dei principi e degli impegni dell’OSCE, sanciti a partire dall’Atto finale di Helsinki in poi, costi- tuisce parte integrante di tale contesto. La presente strategia intende contribuire alla realizzazione di un sistema internazionale più coesivo ed efficace per rispondere alle minacce e alle sfide globali.
Minacce alla sicurezza e alla stabilità nel ventunesimo secolo
3. L’OSCE ha svolto un valido ruolo nell’aprire la via alla sicurezza e alla stabilità in tutta la sua regione verso la fine del ventesimo secolo e ha contribuito ad importanti trasformazioni demo- cratiche nella sua area geografica. Oggi la cooperazione ha sostituito il confronto di un tempo ed è più probabile che minacce alla sicurezza e alla stabilità nella regione OSCE sorgano quali con- seguenze negative e destabilizzanti di sviluppi che attraversano le dimensioni politico-militare, economico-ambientale e umana, piuttosto che in seguito a gravi conflitti armati. Nel contempo, esistono ancora nell’area OSCE conflitti irrisolti che continuano a destare serie preoccupazioni. La ricerca di soluzioni negoziate a tali conflitti deve rimanere un’alta priorità.
4. Il rispetto dei diritti dell’uomo e delle libertà fondamentali, della democrazia e dello stato di diritto si trova al centro del concetto globale di sicurezza d ell’OSCE. Solide istituzioni democra- tiche e stato di diritto svolgono un ruolo importante nel prevenire l’insorgere di minacce. Governi deboli e l’incapacità degli Stati di garantire istituzioni democratiche adeguate e funzionali che siano in grado di promuovere la stabilità, possono di per sé costituire un terreno fertile per una serie di minacce. Violazioni sistematiche dei diritti dell’uomo e delle libertà fondamentali, inclusi i diritti di persone appartenenti a minoranze nazionali, possono allo stesso modo dare origine a un’ampia serie di minacce potenziali.
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5. Fattori socio-economici e ambientali possono ugualmente incidere sulla sicurezza e sulla stabi- lità. La globalizzazione, la liberalizzazione e i mutamenti tecnologici offrono nuove opportunità di commercio, crescita e sviluppo, ma non hanno giovato uniformemente a tutti gli Stati parte- cipanti, contribuendo pertanto, in alcuni casi, ad approfondire le disparità economiche tra Stati e all’interno degli Stati. Il risultato della globalizzazione dipende dalle scelte politiche adottate dai governi e dalle istituzioni internazionali, nonché dalle risposte del settore privato e della società civile. Il degrado ambientale rappresenta inoltre una crescente preoccupazione. Fattori demografici e il diffuso peggioramento delle condizioni di salute costituiscono altre potenziali sfide alla sicurezza.
6. La mancanza di apertura e di trasparenza sulle questioni politico-militari può comportare gravi conseguenze negative. La mancata piena e tempestiva osservanza degli esistenti accordi e strumenti in materia di controllo degli armamenti, disarmo, non proliferazione nonché di rafforzamento della fiducia e della sicurezza può altresì influire notevolmente sulla sicurezza comune.
7. Le minacce possono inoltre derivare da azioni di terroristi e di altri gruppi criminali. Gli atti ter- roristici commessi negli ultimi anni hanno pienamente confermato che tali minacce rappresentano una sfida crescente e che si deve attribuire priorità a misure intese a prevenirle e a combatterle. Tali minacce, inoltre, spesso non nascono all’interno di un singolo Stato, ma sono di carattere transna- zionale. Esse riguardano la sicurezza di tutti gli Stati nell’area OSCE e la stabilità delle nostre società. La regione OSCE è al tempo stesso sempre più esposta a minacce provenienti dall’esterno e, analo- gamente, sviluppi all’interno della nostra regione possono avere conseguenze per le aree limitrofe.
8. Di fronte a tale scenario è evidente che l’approccio globale dell’OSCE alla sicurezza, che com- prende le dimensioni politico-militare, economico-ambientale e umana, resta pienamente valido e dovrebbe essere mantenuto e rafforzato ulteriormente. La nostra analisi relativa alla tipologia delle minacce ha evidenziato una serie di questioni in tale contesto, cui dobbiamo dedicare parti- colare attenzione quale parte degli sforzi intesi a potenziare la nostra risposta.
9. Le minacce emergenti dai conflitti tra Stati e all’interno degli Stati restano la più vasta categoria di minacce nei confronti degli Stati partecipanti e degli individui. Tali conflitti, ovunque abbiano luogo, possono anche rappresentare un rischio per le aree confinanti e creare instabilità, nonché altri tipi di minacce, quali terrorismo, proliferazione di armi di distruzione di massa, accumulo eccessivo e destabilizzante di armi di piccolo calibro e leggere (SALW) e la loro diffusione incontrol- lata, violazione dei diritti umani, espulsioni di massa, deterioramento della situazione socio-econo- mica e migrazione illegale. Dietro le cause dirette dei conflitti violenti si celano la non osservanza del diritto internazionale nonché delle norme e dei principi OSCE e una serie di fattori che rien- trano nella dimensione politico-militare, economico-ambientale e umana.
10. Il terrorismo è una delle più importanti cause di instabilità nell’attuale contesto di sicurezza. Esso cerca di minare gli stessi valori che uniscono gli Stati partecipanti nell’area d ell’OSCE e con- tinuerà ad essere una delle principali sfide alla pace, alla stabilità e al potere statale, in particolar modo attraverso la sua capacità di utilizzare metodi asimmetrici per aggirare i sistemi di sicu- rezza e di difesa tradizionali. Non esiste alcuna giustificazione per il terrorismo. Nel contempo esso richiede un approccio globale che affronti le sue espressioni nonché il contesto sociale, eco- nomico e politico in cui si manifesta.
11. La globalizzazione e i progressi tecnologici hanno allargato il campo d’azione e l’estensione della minaccia costituita dalla criminalità organizzata. Inoltre la criminalità organizzata spesso agisce parallelamente al terrorismo, sia per quanto riguarda gli attori sia per quanto riguarda i metodi. Il traffico di migranti e la tratta di esseri umani, il traffico di stupefacenti, di armi di piccolo cali- bro e leggere nonché di materiali e tecnologie sensibili costituiscono ulteriori attività criminali che
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possono minacciare la stabilità e la sicurezza, sia all’interno sia all’esterno dell’area OSCE. Fron- tiere aperte e libero movimento di persone e di beni giovano alla cooperazione internazionale, ma presentano anche sfide crescenti, tra cui la migrazione illegale.
12. Le pratiche connesse alla discriminazione e all’intolleranza minacciano la sicurezza indivi- duale e possono dare origine a conflitti e violenze su vasta scala. Esse possono essere generate da tensioni etniche e religiose, nazionalismo aggressivo, sciovinismo e xenofobia, e possono anche essere causate da razzismo, antisemitismo ed estremismo violento, nonché dal mancato rispetto dei diritti di persone appartenenti a minoranze nazionali.
13. La mobilità delle popolazioni migranti e l’emergere in ogni parte della regione OSCE di società in cui coesistono culture diverse presenta opportunità ma anche sfide crescenti. La mancata inte- grazione sociale e il non rispetto anche da parte dei residenti dei diritti di tutti può compromet- tere la stabilità.
14. Tra i fattori economici che minacciano la stabilità e la sicurezza figurano crescenti disparità economiche e sociali, assenza dello stato di diritto, debole capacità di governo nel settore pub- blico e privato, corruzione, povertà diffusa ed elevata disoccupazione. Tali fattori possono offrire un terreno fertile per altre gravi minacce. Il degrado ambientale, l’uso non sostenibile delle risorse naturali, la cattiva gestione dei rifiuti e l’inquinamento colpiscono i sistemi ecologici e hanno un notevole impatto negativo sulla salute, sul benessere, sulla stabilità e sulla sicurezza degli Stati. Anche i disastri ecologici possono avere effetti analoghi. Problemi di governo connessi a tali fat- tori hanno un effetto destabilizzante diretto e al tempo stesso riducono la capacità di assicurare uno sviluppo economico e sociale sostenibile, nonché di affrontare efficacemente le sfide econo- mico-ambientali e le minacce alla sicurezza e alla stabilità.
15. Numerose minacce di natura politico-militare, comprese quelle trattate negli esistenti docu- menti OSCE, quali accumuli destabilizzanti di armamenti convenzionali, traffico illecito di armi e proliferazione di armi di distruzione di massa, restano gravi preoccupazioni per gli Stati par- tecipanti a ll’OSCE. Tra le minacce che hanno cambiato natura o impatto o sono del tutto nuove, richiedono particolare attenzione le minacce armate di gruppi terroristici o di altri gruppi crimi- nali. Occorre dedicare ugualmente attenzione alle potenziali sfide derivanti dal carattere mute- vole dei conflitti armati.
16. In un mutevole contesto di sicurezza le minacce si sviluppano e non tutte saranno prevedibili. Il quadro d ell’OSCE per un dialogo politico permanente e in particolare la Conferenza annuale di riesame sulla sicurezza (ASRC), contribuiranno a identificare e ad analizzare le nuove minacce e a reagire al loro manifestarsi.
La risposta dell’OSCE
17. La risposta dell’OSCE sarà multidimensionale e non cadrà nel vuoto. L’Organizzazione si baserà sui suoi peculiari punti di forza, sulle sue competenze e capacità e fornirà un efficace qua- dro di cooperazione con altri attori internazionali per far fronte alle minacce in modo coordinato e complementare, evitando duplicazioni e non perdendo di vista gli obiettivi. La Carta per la sicu- rezza europea e la relativa Piattaforma per la sicurezza cooperativa sono state adottate a Istanbul nel 1999 al fine di rafforzare la sicurezza e la stabilità nella regione OSCE e accrescere le capacità operative dell’Organizzazione, operando una trasformazione che la rendesse atta ad affrontare sfide senza precedenti. Tali documenti restano pienamente validi.
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18. La responsabilità primaria di garantire la sicurezza dei propri cittadini spetta ai singoli Stati partecipanti. Essi devono rispondere dei propri atti nei confronti dei rispettivi cittadini e sono vicendevolmente responsabili dell’attuazione dei propri impegni OSCE. L’OSCE è pronta ad offrire assistenza e consulenza, nonché a promuovere la cooperazione tra Stati partecipanti a tal fine. Tale cooperazione, in uno spirito di solidarietà, partnership e trasparenza è fondamentale per la sicu- rezza nell’area OSCE e dovrebbe rispecchiare interesse e rispetto reciproco. A ciascuno Stato par- tecipante spetta un pari diritto alla sicurezza.
19. L’OSCE è un foro per il dialogo politico e sulla sicurezza, destinato a stabilire norme e principi basati sul consenso e politicamente vincolanti, nonché a promuoverne l’attuazione. Il Consiglio Permanente e il Foro di Cooperazione per la Sicurezza, nell’ambito delle loro competenze e del loro mandato, sono al centro di tali attività, che saranno ulteriormente potenziate, unitamente al pro- cesso di consultazione politica e alla trasparenza in seno all’Organizzazione. Il dialogo, nonché le norme e gli standard su cui si basa, mirano a prevenire l’insorgere di minacce e incoraggiano, inoltre, lo sviluppo di istituzioni democratiche e di società inclusive, capaci di affrontare in modo più efficace e cooperativo le minacce emergenti.
20. L’OSCE continuerà a svolgere un ruolo attivo nella sua regione, utilizzando appieno le sue istitu- zioni, l’Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo (ODIHR), l’Alto Commissario per le Minoranze Nazionali (HCNM) e il Rappresentante per la libertà dei mezzi di informazione (RFM), nonché le sue operazioni sul terreno e il suo Segretariato. Tali istituzioni costituiscono stru- menti importanti di assistenza agli Stati partecipanti nell’attuazione dei loro impegni, compreso il rispetto per i diritti dell’uomo, per la democrazia e per lo stato di diritto. In tutte le pertinenti attività si ricercheranno attivamente le possibilità di accrescere la cooperazione con l’Assemblea Parlamentare e, per suo tramite, con i parlamenti nazionali.
21. Riconoscendo il contributo significativo delle sue istituzioni e delle sue operazioni sul terreno nella messa in pratica degli obiettivi e dei principi dell’Organizzazione, l’OSCE sta valutando il modo per potenziare ulteriormente il funzionamento e l’efficacia delle operazioni sul terreno e per sviluppare nuovi strumenti se necessario.
22. È necessario consolidare ulteriormente la capacità globale dell’OSCE di individuare e analizzare le minacce e di adottare iniziative coordinate per rispondervi. Dovrebbe essere dedicata maggiore attenzione alle funzioni di preallarme presso il Segretariato, le istituzioni e le operazioni sul ter- reno e dovrebbero essere potenziati i meccanismi per dare seguito al preallarme. Speciali mecca- nismi di preallarme e di risoluzione pacifica dei conflitti, nonché lo strumento dei nuclei di esperti di pronta assistenza e cooperazione (REACT), continuano ad essere a disposizione d ell’OSCE. Il preallarme e le attività di prevenzione dei conflitti dell’Assemblea Parlamentare dell’OSCE rap- presentano un valido contributo a tali sforzi.
23. Poiché le minacce che emergono e si sviluppano nelle regioni limitrofe assumono crescente importanza, l’OSCE intensificherà la cooperazione con i suoi Partner mediterranei e asiatici per la cooperazione, individuando preventivamente aree di interesse e di preoccupazione comuni, nonché possibilità di ulteriori azioni coordinate. Incoraggeremo i Partner per la cooperazione ad attuare volontariamente i principi e gli impegni d ell’OSCE e coopereremo con loro a tale riguardo, ove appropriato. Quale primo passo verso un maggiore dialogo inviteremo tutti i nostri Partner per la cooperazione a partecipare più spesso in qualità di osservatori alle riunioni del Consiglio Perma- nente e del Foro di Cooperazione per la Sicurezza. L’OSCE valuterà inoltre il modo per condividere le sue norme, i suoi principi, i suoi impegni e i suoi valori con altre regioni, in particolare le regioni confinanti. I contatti con organizzazioni di tali aree geografiche saranno ulteriormente sviluppati. (…)
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27. La prevenzione dei conflitti e la ricostruzione postconflittuale implicano da parte dell’Organiz- zazione, in stretta cooperazione con gli Stati partecipanti, notevoli sforzi al fine di promuovere e di sostenere la creazione di istituzioni democratiche e dello stato di diritto, prestando sostegno anche al potenziamento delle capacità e contribuendo a rafforzare le autorità a tutti i livelli, le strutture parlamentari, una magistratura indipendente, una società civile e mass media liberi.
Far fronte al terrorismo e alle minacce derivanti da altre attività criminali
Terrorismo
28. Le convenzioni e i protocolli delle Nazioni Unite nonché le risoluzioni del Consiglio di Sicu- rezza delle Nazioni Unite costituiscono il quadro giuridico globale per la lotta al terrorismo.
A sostegno di tali documenti, mediante varie decisioni adottate nel 2001 e nel 2002, l’OSCE ha creato una struttura che prevede un’azione collettiva degli Stati partecipanti e dell’Organizzazione intesa ad affrontare, quale priorità essenziale, la minaccia del terrorismo, le sue manifestazioni e le condizioni che possono favorirlo e sostenerlo. Un elemento operativo di tale quadro è l’Unità d’a- zione contro il terrorismo presso il Segretariato d ell’OSCE.
29. Le attività antiterrorismo dell’OSCE si focalizzano anche su sicurezza e gestione delle frontiere, attività di polizia, lotta alla tratta di esseri umani e soppressione dei finanziamenti ai terroristi. Sarà dedicata particolare attenzione al potenziamento delle capacità e ad altri tipi di assistenza nella sfera dell’antiterrorismo. Verrà ugualmente affrontata l’importante sfida di attuare efficaci misure contro il terrorismo nel pieno rispetto dello stato di diritto e del diritto internazionale, incluse le norme sui diritti dell’uomo. Tali norme includono misure quali il rifiuto di fornire rifugi sicuri ai terroristi e l’eliminazione delle condizioni che consentono ai terroristi di reclutare adepti e di ottenere sostegno. Esse mirano inoltre a prevenire che i terroristi accrescano le proprie capacità, impedendo ad esempio che essi abbiano accesso alle SALW e ad altre armi convenzionali, non- ché ad armi di distruzione di massa (WMD) e alle connesse tecnologie. La stretta interazione con altre organizzazioni internazionali e con altri organi competenti, in particolare la Commissione antiterrorismo del Consiglio di Sicurezza delle Nazioni Unite (UN CTC) e l’Ufficio delle Nazioni Unite contro la droga e la criminalità (UNODC), viene promossa attraverso riunioni congiunte, contatti a tutti i livelli, programmi e progetti specifici.
30. L’OSCE ha inoltre deciso di creare una Rete antiterrorismo per promuovere un maggiore coor- dinamento delle misure antiterrorismo e dello scambio di informazioni tra gli Stati partecipanti a ll’OSCE, nonché per sostenere ed integrare il lavoro svolto dall’UN CTC nell’attuazione della risoluzione 1373 del Consiglio di Sicurezza.
Minacce derivanti da altre attività criminali
31. L’OSCE intensificherà le sue attività volte a combattere la criminalità organizzata. Riunioni rego- lari di esperti di polizia degli Stati partecipanti a ll’OSCE e di rappresentanti di altre competenti organizzazioni internazionali e regionali specializzate costituirebbero un importante contributo a tale riguardo. In particolare l ’OSCE dedicherà maggiore attenzione alla crescente minaccia della tratta di esseri umani. E’ stato adottato un Piano d’azione d ell’OSCE sulla tratta di esseri umani. Il Documento OSCE sulle SALW rimane uno strumento chiave per la lotta alla tratta di esseri umani e alla proliferazione di SALW in tutti i suoi aspetti e la relativa attuazione verrà ulterior- mente potenziata. L’OSCE proseguirà gli sforzi di collaborazione già intrapresi con l’UNODC, allo scopo di affrontare la questione del traffico di stupefacenti che richiede l’elaborazione di un approccio internazionale esauriente.
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32. L’Unità strategica per le questioni di polizia è stata istituita per migliorare la capacità degli Stati partecipanti di affrontare le minacce costituite dall’attività criminale e di prestare loro assistenza nel sostenere lo stato di diritto. L’obiettivo è potenziare le capacità principali della polizia, com- preso il rispetto dei diritti dell’uomo e delle libertà fondamentali. L’OSCE, su richiesta degli Stati partecipanti, si focalizzerà maggiormente sull’assistenza alle autorità, anche a livello locale, sulla lotta alla criminalità e alle reti criminali, definendo e sviluppando altresì le competenze fonda- mentali delle attività di polizia, come le attività di formazione e di potenziamento delle capacità.
33. L’OSCE intensificherà i propri sforzi volti ad affrontare problemi quali il traffico di migranti e la migrazione illegale.
34. Al fine di prevenire e combattere la corruzione in tutte le sue forme è necessario un approc- cio globale e multidisciplinare. L’OSCE, in stretto coordinamento con l ’UNODC e con altre com- petenti organizzazioni internazionali e istituzioni finanziarie, contribuirà a ridurre la corruzione in tutta la sua regione.
35. Le minacce del terrorismo e della criminalità organizzata sono spesso collegate; si esploreranno pertanto ulteriormente approcci sinergici per farvi fronte. Movimenti di persone, risorse e armi attraverso le frontiere, nonché la tratta di esseri umani destinata a finanziare e a fornire sostegno logistico, assumono un ruolo sempre più importante per le attività terroristiche. L’OSCE è impe- gnata ad affrontare tali problemi e a potenziare la sua capacità di promuovere frontiere aperte e sicure, anche tramite l’elaborazione di un Concetto OSCE per la sicurezza e la gestione delle frontiere, al fine di migliorare il potenziamento delle capacità e la proficua cooperazione tra Stati.
Far fronte alle minacce connesse alla discriminazione e all’intolleranza
36. Discriminazione e intolleranza figurano tra i fattori che possono provocare conflitti e com- promettere la sicurezza e la stabilità. In base agli impegni nel quadro della dimensione umana, l ’OSCE si adopera al fine di promuovere in tutta la sua regione condizioni che consentano a tutti di godere pienamente dei diritti umani e delle libertà fondamentali, sotto la tutela di efficaci isti- tuzioni democratiche, equi procedimenti giudiziari e dello stato di diritto, il che presuppone anche condizioni e istituzioni sicure per un sereno dibattito e per la pacifica espressione di interessi da parte di tutti gli individui e i gruppi sociali. La società civile ha un ruolo importante da svolgere a tale riguardo; l ’OSCE pertanto continuerà a sostenere le organizzazioni della società civile e a favo- rirne il rafforzamento.
37. Gli Stati partecipanti, gli organi e le istituzioni d ell’OSCE, il Segretariato e numerose ope- razioni OSCE sul terreno sono impegnati in attività dirette a contrastare minacce connesse alla discriminazione e all’intolleranza, incluse quelle derivanti da tensioni religiose ed etniche asso- ciate a estremismo violento. Essi svolgono inoltre una significativa funzione di preallarme. La Riunione annuale di attuazione nel quadro della dimensione umana ed altri eventi che rientrano nella dimensione umana offrono l’opportunità di discutere in merito alle minacce connesse alla discriminazione e all’intolleranza nonché a formulare raccomandazioni su possibili iniziative volte a far fronte a tali minacce. Pur nel pieno rispetto della libertà di espressione, l ’OSCE si ado- pererà per combattere i crimini che possono essere alimentati dalla propaganda razzista, xeno- foba e antisemita in Internet.
38. Gli Stati partecipanti nonché gli organi e le istituzioni dell’OSCE sono impegnati a intensifi- care i loro sforzi per opporsi a minacce originate dalla discriminazione e dall’intolleranza. Saranno promosse attivamente relazioni armoniose tra gruppi etnici, religiosi, linguistici e di altro tipo, e i diritti delle persone appartenenti alle minoranze nazionali, nonché le pari opportunità per
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donne e uomini. La violenza, l’intolleranza, l’estremismo e la discriminazione nei confronti di tali gruppi, compresi i lavoratori migranti, i richiedenti asilo e altri immigranti devono essere contra- stati e i responsabili di tali azioni ne dovranno rispondere. Nel contempo è essenziale che le persone appartenenti a tali gruppi rispettino lo stato di diritto, i valori democratici e le libertà individuali.
39. In tale contesto, l’OSCE riconosce le particolari difficoltà incontrate dai Rom e dai Sinti e la necessità di adottare misure efficaci al fine di eliminare discriminazioni nei loro confronti e giun- gere ad assicurare loro pari opportunità, conformemente agli impegni d ell’OSCE. Pertanto l ’OSCE ha adottato un Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area d ell’OSCE.
40. Gli sforzi dell’OSCE saranno indirizzati particolarmente alle giovani generazioni con l’obiet- tivo di accrescere la coscienza della necessità di tolleranza e dell’importanza della riconciliazione e della coesistenza pacifica. La visione e le prospettive dei giovani riguardo al futuro sono fonda- mentali. Pertanto l ’OSCE, ove appropriato, assumerà un ruolo più significativo nel campo dell’i- struzione, nell’ambito del quale la formazione sui diritti umani meriterebbe particolare attenzione.
41. La capacità di monitoraggio dell’ODIHR sarà utilizzata appieno e verrà promossa la coope- razione operativa con altri organi di monitoraggio in settori quali la raccolta di dati, lo scambio di informazioni e le analisi congiunte, al fine di ottenere il quadro più completo degli sviluppi. Ciò consentirà a ll’OSCE di indirizzare le proprie attività verso le aree maggiormente prioritarie. (…)
Cooperazione con altre organizzazioni e istituzioni internazionali
52. Nessun singolo Stato o organizzazione può affrontare individualmente le sfide che oggi ci si presentano. È pertanto essenziale coordinare gli sforzi di tutte le competenti organizzazioni. L’in- terazione d ell’OSCE con altre organizzazioni e istituzioni si basa sulla Piattaforma per la sicurezza cooperativa, in cui gli Stati partecipanti si sono impegnati a promuovere coerenza politica e opera- tiva tra tutti gli organi competenti in materia di sicurezza, sia nel rispondere a specifiche minacce, che nel formulare risposte a nuove minacce e sfide. In un clima di sicurezza in evoluzione è neces- sario adoperarsi maggiormente per raggiungere tale obiettivo fondamentale, basandosi sui punti di forza e sui vantaggi di ciascuna organizzazione.
53. La nostra cooperazione con altre organizzazioni e istituzioni attualmente comprende il dia- logo politico, il coordinamento e la cooperazione strutturata su tematiche o questioni regionali che interessano l’area dell’OSCE, in base a valori e obiettivi comuni. È importante intensificare l’interazione sia a livello politico che a livello operativo. La cooperazione e il coordinamento su progetti e questioni pratiche dovrebbero essere potenziati presso le sedi centrali e sul territorio. Dovrebbero essere incoraggiati i contatti tra inviati e rappresentanti speciali unitamente allo svi- luppo di strategie condivise e analisi congiunte.
54. L’OSCE si adopera per estendere le sue relazioni ad altre organizzazioni e istituzioni interna- zionali che si occupano della promozione della sicurezza globale entro l’area dell’OSCE e ha stabi- lito regolari procedure di consultazione, sia a livello tecnico che a livello politico, con molte di esse, tra cui le Nazioni Unite, l ’UE, la NATO e il Consiglio d’Europa. È necessario che l ’OSCE rimanga flessibile per essere in grado di cooperare con organizzazioni differenti, considerando che le loro capacità e il loro centro di interesse può mutare nel tempo con l’evolversi delle capacità organiz- zative e della percezione delle minacce.
55. Quale intesa regionale ai sensi del Capitolo VIII dello Statuto delle Nazioni Unite, l ’OSCE è un foro di cooperazione con le organizzazioni sub-regionali nella sua area. Continuerà ad organizzare
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riunioni per lo scambio di informazioni e il coordinamento con tali organizzazioni e istituzioni su argomenti specifici, nonché ad adottare misure pratiche al fine di condividere la sua pertinente esperienza con altre organizzazioni regionali. L’OSCE sarà disposta a valutare iniziative e pro- getti di sostegno elaborati in seno ad altri fora al fine di migliorare la cooperazione nel fronteg- giare le minacce, come ha già fatto, prestando sostegno all’attuazione delle convenzioni ONU contro il terrorismo.
56. L’OSCE ha sviluppato un’efficace e concreta interazione con le organizzazioni non governative, il cui contributo agli sforzi generali dell’Organizzazione continua ad essere significativo. Tale inte- razione dovrebbe essere ulteriormente potenziata.
57. Si dovrebbe accrescere la cooperazione sulle questioni che rappresentano l’insieme delle minacce esposte nella presente Strategia. Dovrebbero essere dedicati maggiori sforzi al potenziamento e al funzionamento della Piattaforma per la sicurezza cooperativa al fine di contrastare in modo più efficace ed efficiente minacce comuni. Per realizzare tale obiettivo verrà proposto di creare un nuovo meccanismo consultivo ad hoc, in consultazione con altre organizzazioni e istituzioni inter- nazionali, quale parte di uno sforzo generale volto ad analizzare e ad affrontare congiuntamente le minacce. L’OSCE offre tale strumento quale cornice flessibile per consultazioni, avviando contatti con competenti organizzazioni e istituzioni allorché sorgano o si aggravino specifiche minacce. Altri mezzi per intensificare ulteriormente la cooperazione sarebbero riunioni più regolari per lo scam- bio di informazioni con organizzazioni e istituzioni interessate e la creazione di punti di contatto.
Conclusioni
58. Nella presente strategia abbiamo individuato un certo numero di minacce alla nostra comune sicurezza e stabilità, e abbiamo dato un indirizzo strategico alle nostre attività intese a prevenire e a combattere tali minacce. Il Consiglio Permanente e il Foro di Cooperazione per la Sicurezza, unitamente alle istituzioni, alle operazioni sul terreno e al Segretariato sono incaricati di contri- buire all’attuazione della Strategia e ai relativi seguiti, nell’ambito delle loro competenze e dei loro mandati. Una risposta efficace ed effettiva richiederà un approccio coerente e coordinato da parte di tutti gli organi e le istituzioni d ell’OSCE. La Presidenza in esercizio sarà responsabile a nome del Consiglio dei ministri e del Consiglio Permanente di coordinare l’attuazione della strategia e le consultazioni al riguardo. L’ASRC offrirà l’opportunità di riesaminare regolarmente la Stra- tegia e la relativa attuazione nonché di individuare e analizzare minacce e sfide al momento del loro insorgere. L’ASRC costituirà parimenti un’occasione per iniziare a sviluppare misure supple- mentari di risposta da parte dell’OSCE, nonché la Strategia stessa, ove necessario. Occorre inoltre che la nostra risposta sia integrata con quella di altre organizzazioni e istituzioni. Ci focalizze- remo su aree e questioni in cui l ’OSCE può realmente fare la differenza. Chiediamo il contributo di un’OSCE rinforzata per rispondere alle minacce e alle sfide che mettono in pericolo l’intera area OSCE e per accrescere la sicurezza umana, contribuendo in tal modo a migliorare la vita dei sin- goli, il che rappresenta l’obiettivo di tutti i nostri sforzi.
II. Documento di strategia dell’OSCE per la dimensione economica e ambientale (…)
1.6 L’aggravamento delle disparità economiche e sociali, l’assenza dello stato di diritto, la scarsa capacità di governo, la corruzione, la povertà diffusa e l’elevata disoccupazione sono alcuni fattori che contribuiscono all’emergere di minacce globali come il terrorismo, l’estremismo violento, la cri- minalità organizzata transnazionale, nonché di attività economiche illegali, tra cui il riciclaggio
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di denaro, la tratta di esseri umani e la migrazione illegale. Conflitti fra Stati e al loro interno impe- discono a loro volta la cooperazione e lo sviluppo economico regionale e minacciano, tra l’altro, la sicurezza delle comunicazioni e delle vie di trasporto energetico. (…) 2. La nostra risposta e la nostra azione (…) 2.1 Rafforzare il buongoverno 2.1.1 Una buona amministrazione pubblica e privata e solide istituzioni rappresentano elementi fondamentali per una sana economia, che possa attirare investimenti e consentire in tal modo agli Stati di ridurre la povertà e la diseguaglianza, di aumentare l’integrazione sociale e le opportunità per tutti e di tutelare l’ambiente. Il buon governo a tutti i livelli contribuisce alla prosperità, alla stabilità e alla sicurezza. Pace, buone relazioni internazionali, sicurezza e stabilità dello Stato, non- ché sicurezza e incolumità dell’individuo all’interno dello Stato, basati sullo stato di diritto e sul rispetto dei diritti dell’uomo, sono di importanza cruciale per la creazione di un clima di fiducia, che risulta a sua volta essenziale per assicurare uno sviluppo economico e sociale positivo. 2.1.2 Il buongoverno riveste un’importanza decisiva per tutti gli Stati partecipanti e noi concor- diamo di operare su una base nazionale con il sostegno delle pertinenti istituzioni internazionali per rafforzare il buongoverno in tutti i suoi aspetti e per sviluppare metodi di cooperazione al fine di assisterci l’un l’altro nel conseguire tale fine. 2.1.3 Il conseguimento del buongoverno richiede un approccio globale e a lungo termine, in modo che i successi conseguiti in un’area non siano compromessi dalla debolezza in altre. Coopereremo nello sviluppo delle nostre strategie per il buongoverno e condivideremo le esperienze relative alle migliori prassi.
Promozione della trasparenza e lotta alla corruzione
2.2.4 La trasparenza negli affari pubblici è la condizione essenziale per assicurare la responsabilità degli Stati e l’attiva partecipazione della società civile ai processi economici. La trasparenza accre- sce la prevedibilità e la fiducia in un’economia che funziona in base ad una legislazione adeguata e nel pieno rispetto dello stato di diritto. Mezzi di informazione liberi e pluralistici che godano della massima indipendenza editoriale dalla pressione politica e finanziaria rivestono un ruolo importante nell’assicurare tale trasparenza. 2.2.5 Renderemo i nostri governi più trasparenti sviluppando ulteriormente processi e istituzioni che forniscano tempestivamente informazioni, incluse statistiche attendibili, su questioni di pub- blico interesse nei campi dell’economia e dell’ambiente ai media, agli imprenditori, alla società civile e ai cittadini, al fine di promuovere un dialogo consapevole e costruttivo. Ciò risulta essen- ziale per il processo decisionale che è sensibile ai mutamenti delle condizioni, dei bisogni e dei desideri della popolazione. 2.2.6. La trasparenza è anche importante per la denuncia e il perseguimento di tutte le forme di cor- ruzione che minacciano le nostre economie e le nostre società. Oltre alla trasparenza, la lotta alla corruzione richiede l’adozione da parte degli Stati partecipanti di una strategia anticorruzione globale e a lungo termine. 2.2.7 Conveniamo di attribuire priorità all’eliminazione di tutte le forme di corruzione. Considere- remo l’adesione a convenzioni internazionali e altri strumenti nel campo della lotta alla corruzione, in particolare quelli elaborati dal Consiglio d’Europa e dall’Organizzazione per la cooperazione e lo sviluppo economico (OCSE), ne incoraggeremo la ratifica e ne appoggeremo la piena attua- zione. Accogliamo con favore l’adozione della Convenzione delle Nazioni Unite contro la corru- zione e auspichiamo che essa venga firmata, ratificata ed entri in vigore quanto prima.
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Miglioramento della gestione delle risorse pubbliche
2.2.8 Un’altra componente del buongoverno è la gestione efficace delle risorse pubbliche da parte di istituzioni forti e efficienti, un servizio pubblico professionale ed efficace e razionali procedure di bilancio. La buona gestione delle risorse pubbliche, inclusa la riscossione delle imposte, la for- mulazione e l’esecuzione dei bilanci, e i pubblici appalti, è particolarmente importante al fine di fornire i migliori servizi pubblici e sociali. Ci adopereremo per fornire una solida base finan- ziaria ai nostri sistemi di amministrazione pubblica e per rafforzare ulteriormente la loro effica- cia e validità a tutti i livelli. (…)
Condizioni sociali
2.2.13 Un buongoverno e uno sviluppo sostenibile implicano politiche e sistemi che promuovano la collaborazione e la coesione sociale. Ci adopereremo per migliorare l’accesso alle prestazioni sociali di base, come servizi sanitari accessibili, pensioni e istruzione, e per garantire livelli ade- guati di tutela ai gruppi sociali vulnerabili, nonché per prevenire l’emarginazione sociale. 2.2.14 Siamo determinati ad adottare misure volte a migliorare le condizioni sociali, anche indi- viduando e agevolando gruppi sociali vulnerabili, fornendo reti di sicurezza adeguate ed efficaci, rafforzando i servizi sanitari, incrementando le opportunità di impiego ed attuando programmi di reinserimento. (…)
2.3 Assicurare uno sviluppo sostenibile 2.3.3 Sosteniamo gli sforzi degli Stati partecipanti volti ad attuare politiche per ridurre la povertà e per realizzare uno sviluppo sostenibile, inclusi i programmi nazionali per la riduzione della povertà di Paesi con economie in transizione. Incoraggeremo organizzazioni e istituzioni inter- nazionali che dispongono della competenza e delle risorse pertinenti a prestare la necessaria con- sulenza e assistenza.
IV. Decisioni del Consiglio dei Ministri
Decisione N.2/03
Lotta alla tratta di esseri umani
Il Consiglio dei Ministri,
riaffermando gli impegni assunti dagli Stati partecipanti nell’ambito della lotta alla tratta di esseri umani, in particolare la Decisione N.1 del Consiglio dei Ministri di Vienna del 2000, la Decisione N.6 del Consiglio dei ministri di Bucarest del 2001 e la Dichiarazione del Consiglio dei Ministri di Porto del 2002,
richiamando inoltre la Decisione N.557 del Consiglio Permanente del 24 luglio 2003 sull’adozione del Piano di azione d ell’OSCE per la lotta alla tratta di esseri umani, che fornisce agli Stati parte- cipanti un complesso di strumenti per combattere la tratta di esseri umani attraverso un approc- cio multidimensionale, che comprende la tutela delle vittime, la prevenzione della tratta di esseri umani e il perseguimento nei confronti di chi facilita o commette tale reato,
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al fine di intensificare gli sforzi d ell’OSCE nella lotta alla tratta di esseri umani,
1. decide di approvare il Piano di azione d ell’OSCE per la lotta alla tratta di esseri umani allegato alla presente Decisione;
2. istituisce, sotto l’egida del Consiglio Permanente, un meccanismo OSCE per fornire assistenza agli Stati partecipanti nella lotta alla tratta di esseri umani. Il meccanismo consisterà di due parti, che svolgono attività complementari: un Rappresentante speciale nominato dal Presidente in eser- cizio ed un’unità speciale presso il Segretariato d ell’OSCE.
Il meccanismo è inteso a:
(a) assistere gli Stati partecipanti a ll’OSCE nell’attuazione degli impegni assunti e nel pieno utilizzo delle raccomandazioni proposte nel Piano di azione d ell’OSCE per la lotta alla tratta di esseri umani;
(b) assicurare il coordinamento degli sforzi d ell’OSCE nella lotta alla tratta di esseri umani attra- verso le tre dimensioni dell’Organizzazione;
(c) rafforzare il coordinamento tra le autorità competenti degli Stati partecipanti e tra l’OSCE e altre organizzazioni competenti;
(d) accrescere il profilo pubblico e politico della lotta alla tratta di esseri umani;
(e) operare nell’intera area OSCE e, se del caso, assistere gli Stati partecipanti, in uno spirito di coo- perazione e previe consultazioni con le competenti autorità dei rispettivi Stati partecipanti, nell’at- tuazione dei loro impegni di lotta alla tratta di esseri umani;
(f) fornire e facilitare i servizi di consulenza e assistenza tecnica nel campo legislativo nonché per l’elaborazione delle politiche, insieme, ove necessario, ad altre strutture dell’OSCE impegnate in questo ambito;
(g) prestare consulenza ad autorità di alto rango che rappresentino i settori legislativo, giudiziario ed esecutivo negli Stati partecipanti e discutere con loro in merito all’attuazione del Piano di azione dell’OSCE per la lotta alla tratta di esseri umani e agli impegni nell’ambito della lotta alla tratta di esseri umani. In casi specifici che richiedano attenzione particolare, stabilire contatti diretti, nel modo adeguato, con lo Stato partecipante interessato e discutere circa la prestazione di consu- lenza e assistenza concreta, se necessario;
(h) cooperare con i Relatori nazionali o con altri meccanismi nazionali istituiti dagli Stati parte- cipanti per il coordinamento ed il monitoraggio delle attività di lotta alla tratta di esseri umani di competenza delle istituzioni statali. Il meccanismo coopererà anche con le competenti organizza- zioni non governative degli Stati partecipanti. Assumerà inoltre in seno a ll’OSCE la responsabilità di ospitare e promuovere incontri per lo scambio di informazioni ed esperienze tra i coordina- tori nazionali, i rappresentanti designati dagli Stati partecipanti o gli esperti nella lotta alla tratta di esseri umani;
(i) cooperare a stretto contatto e in coordinamento con l’Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo (ODIHR) e con altre Istituzioni d ell’OSCE, il Segretario Generale, le com- petenti strutture del Segretariato compreso l’Ufficio del Coordinatore delle attività economiche e ambientali dell’OSCE (OCEEA), l’Unità per le questioni strategiche di polizia (SPMU), il Con- sulente per le Pari Opportunità, nonché, ove appropriato, con le operazioni OSCE sul terreno. Il
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meccanismo attingerà alle esperienze acquisite in seno a tali strutture dell’OSCE e provvederà ad evitare duplicazioni. Partecipare, ove appropriato, ai lavori del Gruppo di lavoro informale sulle pari opportunità e per la lotta alla tratta di esseri umani;
(j) cooperare e coordinarsi con i pertinenti attori internazionali quali l’Ufficio delle Nazioni Unite contro la Droga e la Criminalità, l’Alto Commissario delle Nazioni Unite per i rifugiati, l’Alto Com- missario delle Nazioni Unite per diritti dell’uomo, il Fondo delle Nazioni Unite per l’Infanzia, l’Or- ganizzazione Internazionale del Lavoro, nonché l’Organizzazione Internazionale per le Migrazioni, il Centro Internazionale per lo sviluppo delle politiche delle migrazioni, l’Unione Europea, il Consi- glio d’Europa, la Forza Operativa del Patto di stabilità sulla tratta di esseri umani, il Consiglio degli Stati del Mar Baltico, l’Iniziativa di Cooperazione per l’Europa sudorientale, l’Interpol e l’Europol;
3. afferma che il Rappresentante speciale sarà responsabile politicamente nei confronti del Consi- glio Permanente e dovrà riferire regolarmente a quest’ultimo, ove appropriato. Il suo operato sarà conforme alla Decisione N.8 della Decima Riunione del Consiglio dei ministri di Porto;
4. invita il Presidente in esercizio a nominare quale Rappresentante speciale una personalità di rilievo con esperienza in materia, conformemente alle procedure d ell’OSCE, previe consulta- zioni con gli Stati partecipanti attraverso il Comitato preparatorio relativamente al suo mandato. Al fine di garantire al Rappresentante speciale continuità nell’adempimento dei propri compiti, inizialmente almeno per un periodo minimo pari alla durata di due presidenze successive, il Presi- dente in esercizio consulterà in merito alla nomina del Rappresentante speciale il futuro Presidente in esercizio e quest’ultimo si impegnerà, nei limiti delle proprie prerogative, a prorogare l’incarico del Rappresentante speciale per la durata della sua presidenza, conformemente alla Decisione N. 8 della Decima Riunione del Consiglio dei ministri di Porto;
5. incarica il Consiglio Permanente di istituire l’unità speciale summenzionata, quale parte del Segre- tariato OSCE, con personale a contratto o distaccato. Il Rappresentante speciale disporrà integral- mente della capacità dell’unità speciale al fine di attuare efficacemente i summenzionati compiti;
6. concorda che il finanziamento di entrambe le parti del meccanismo sarà assicurato dagli Stati partecipanti attraverso il Bilancio Unificato dell’OSCE conformemente alle procedure esistenti. Il Comitato consultivo per la gestione e le finanze (ACMF) elaborerà, in consultazione con il Pre- sidente in esercizio ed il Segretario Generale, le modalità amministrative e finanziarie per il fun- zionamento del meccanismo e sottoporrà le sue raccomandazioni all’approvazione del Consiglio Permanente in tempo utile affinché siano incluse nel Bilancio Unificato d ell’OSCE per il 2004.
Annesso alla Decisione N.2/03
Piano di azione OSCE per la lotta alla tratta di esseri umani
I. Obiettivi e scopi del Piano di azione
1. Il Piano di azione intende fornire agli Stati partecipanti un complesso di strumenti globali per contribuire all’adempimento dei loro impegni nella lotta alla tratta di esseri umani. Il Piano mira a fornire agli Stati partecipanti un meccanismo di seguiti che promuoverà anche il coordinamento fra i singoli Stati partecipanti, sia in seno alle strutture OSCE che con altre organizzazioni interna- zionali. Il Piano di azione adotta un approccio multidimensionale per combattere la tratta di esseri umani. Affronta il problema in modo globale, comprendendo la tutela delle vittime, la prevenzione della lotta alla tratta di esseri umani e il rinvio a giudizio di coloro che facilitano o commettono tale crimine. Il Piano fornisce raccomandazioni su come gli Stati partecipanti e le pertinenti istituzioni,
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gli organi e le attività sul terreno d ell’OSCE possano trattare nel modo migliore gli aspetti politici, economici, giuridici, di applicazione della legge, educativi e altri aspetti del problema.
2. Il Piano di azione mira inoltre ad assistere gli Stati partecipanti ad impiegare tali strumenti avvalendosi dell’esperienza regionale acquisita mediante l’attuazione di tali iniziative e misure concrete quali quelle intraprese dalla Task Force del Patto di Stabilità sulla tratta di esseri umani nell’Europa sudorientale.
3. Un approccio globale alla tratta di esseri umani richiede di concentrare l’attenzione sul rinvio a giudizio dei responsabili di tale crimine e sull’attuazione di misure efficaci per prevenirlo, man- tenendo un approccio umanitario e solidale nel prestare assistenza alle vittime.
II. Definizione della tratta di esseri umani
Il Piano di azione si basa sulla seguente definizione contenuta nell’Articolo 3 del Protocollo delle Nazioni Unite per la prevenzione, la repressione e la punizione della tratta di esseri umani, in par- ticolare donne e bambini, che integra la Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale:
Per “tratta di esseri umani” si intende il reclutamento, trasporto, trasferimento, l’ospitare o acco- gliere persone, tramite l’impiego o la minaccia di impiego della forza o di altre forme di coercizione, di rapimento, frode, inganno, abuso di potere o di una posizione di vulnerabilità o tramite il dare o ricevere somme di danaro o vantaggi per ottenere il consenso di una persona che ha autorità su un’altra a scopo di sfruttamento. Lo sfruttamento comprende, come minimo, lo sfruttamento della prostituzione altrui o altre forme di sfruttamento sessuale, il lavoro forzato o prestazioni forzate, schiavitù o pratiche analoghe, l’asservimento o il prelievo di organi.
Il Consiglio dei ministri dell’OSCE nella sua Decisione N.6 (2001) ha invitato gli Stati partecipanti a firmare e ratificare la Convenzione delle Nazioni Unite contro la criminalità organizzata trans- nazionale e il suo Protocollo per la prevenzione, la repressione e la punizione della tratta di esseri umani, in particolare donne e bambini.
III. Indagini, applicazione della legge e azione penale
Gli impegni degli Stati partecipanti concernenti le indagini, l’applicazione della legge e l’azione penale sono stati assunti nella Dichiarazione del Consiglio dei ministri sulla tratta di esseri umani adottata a Porto nel 2002, nel Piano di azione di Bucarest per la lotta al terrorismo nel 2001, nella Decisione N.6 del Consiglio dei ministri adottata a Bucarest nel 2001 e nella Decisione del Con- siglio dei ministri sull’intensificazione degli sforzi d ell’OSCE nella lotta contro la tratta di esseri umani adottata a Vienna nel 2000. In tali documenti gli Stati hanno anche concordato il ruolo dell’OSCE in questo settore.
Azione raccomandata a livello nazionale
1. Criminalizzazione 1.1 Adozione delle misure legislative e di altre misure che possano essere necessarie per considerare come reati il comportamento enunciato nell’Articolo 3 del Protocollo delle Nazioni Unite per la pre- venzione, la repressione e la punizione della tratta di esseri umani, in particolare donne e bambini, che integra la Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale.
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1.2 Adozione delle misure legislative o di altre misure che possano essere necessarie per definire come reati: • il tentativo di commettere tale reato; • la partecipazione a tale reato in veste di complice; • ordini impartiti ad altre persone o loro organizzazione per commettere tale reato. 1.3 Adozione delle misure che possano essere necessarie per stabilire la responsabilità di persone giuridiche per reati connessi con la tratta di esseri umani oltre alla responsabilità di persone fisi- che. Fermi restando i principi giuridici dello Stato partecipante, la responsabilità delle persone giuridiche può essere penale, civile e/o amministrativa. 1.4 Adozione di disposizioni legislative che prevedano pene efficaci e adeguate al crimine com- messo, inclusa la carcerazione, e che tengano conto della gravità di tale crimine. Se del caso, la legi- slazione dovrebbe prevedere pene supplementari da applicare a persone risultate colpevoli di tale tratta di esseri umani in circostanze aggravanti, come nel caso di reati che comprendono la tratta di bambini o reati commessi da funzionari statali o con la loro complicità. 1.5 Considerazione delle disposizioni legislative di confisca degli strumenti e degli introiti della tratta di esseri umani nonché dei relativi reati, specificando, qualora non incompatibili con la legi- slazione nazionale, che gli introiti della tratta di esseri umani confiscati saranno utilizzati a bene- ficio delle vittime. Considerazione dell’opportunità di costituire un fondo di compensazione per le vittime della tratta di esseri umani e l’utilizzazione dei beni confiscati per contribuire al finan- ziamento di tale fondo. 1.6 Assicurare che la tratta di esseri umani, i suoi atti costitutivi e i reati connessi costituiscano reati soggetti a estradizione in base alla legge nazionale e ai trattati di estradizione. 1.7 Adozione di misure legislative e di altro genere che qualifichino quali reati penali gli atti di cor- ruzione attiva o passiva commessi dai pubblici funzionari, di cui agli Articoli 8 e 9 della Conven- zione delle Nazioni Unite contro la criminalità organizzata transnazionale. 1.8 Assicurare che le vittime della tratta di esseri umani non siano soggette a procedimenti penali solamente quale risultato diretto dell’essere stati oggetto di tratta.
2. Interventi di ordine pubblico 2.1 Piena attuazione delle misure anti-tratta di esseri umani e delle misure connesse enunciate nella legislazione. 2.2 Costituzione di speciali unità anti-tratta, comprendenti sia donne che uomini con un alto grado di formazione per l’indagine di reati che riguardano la violenza sessuale o coinvolgono bambini, al fine di promuovere la competenza, la professionalità e l’integrità. 2.3 Formazione delle capacità nella lotta alla corruzione. 2.4 Elaborazione di programmi della polizia di prossimità: miglioramento dei livelli di fiducia fra la polizia e il pubblico al fine, tra l’altro, di contribuire all’acquisizione di informazioni relative alla tratta di esseri umani e di incrementare la disponibilità delle vittime a denunciare i reati subiti. 2.5 Intensificazione della cooperazione fra gli organi investigativi dell’ordine pubblico al fine di sta- bilire la possibile provenienza criminale, ovvero legata alla tratta di esseri umani di beni sospetti. 2.6 Previsione non solo delle risorse e della formazione per lo sviluppo di attività della polizia a carattere di intelligence per la gestione e l’analisi dei crimini e delle relative informazioni, ma anche di altre capacità avanzate e attrezzature necessarie agli organi preposti alla tutela dell’ordine pub- blico per lo svolgimento dei loro compiti anti-tratta.
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2.7 Incoraggiare gli investigatori e i procuratori a condurre indagini e attuare azioni penali senza fidarsi solo ed esclusivamente delle testimonianze dei testi. Vagliare strategie investigative alter- native per evitare che sia necessario che le vittime debbano testimoniare dinanzi a una corte. 2.8 Adottare misure attuabili per assicurare che i membri delle missioni OSCE che violano il Codice di condotta OSCE per i membri delle missioni e altri regolamenti subiscano le sanzioni prescritte, inclusi, se del caso, procedimenti disciplinari e penali. 2.9 Trattare la corruzione degli organi responsabili dell’ordine pubblico locali quale materia pri- oritaria e assicurare che siano adottati adeguati procedimenti disciplinari e penali contro le auto- rità preposte all’applicazione della legge risultate coinvolte in atti di corruzione connessi alla tratta di esseri umani.
3. Cooperazione degli organi preposti all’applicazione della legge e scambio di informazioni tra gli Stati partecipanti 3.1 Stretta cooperazione reciproca e compatibile con i rispettivi sistemi giuridici e amministrativi nazionali, per potenziare l’efficacia dell’azione degli organi preposti all’applicazione della legge nella lotta contro i reati contemplati dal presente Piano di azione. Promozione di un’analoga coo- perazione e coordinamento fra le agenzie di applicazione della legge all’interno degli Stati. 3.2 Adozione, in particolare, di misure efficaci • per migliorare e, ove necessario, creare canali di comunicazione fra gli Stati partecipanti; • per cooperare nelle inchieste riguardanti i reati contemplati dal presente Piano di azione; • per fornire, se del caso, dati o prove necessarie per scopi analitici o investigativi; • per facilitare un coordinamento efficace fra le loro autorità, le agenzie e i servizi competenti e per promuovere lo scambio di personale e di altri esperti, inclusa la nomina di funzionari di col- legamento, fermi restando gli accordi o i patti bilaterali fra gli Stati partecipanti interessati; • per scambiare informazioni su mezzi e metodi specifici utilizzati da gruppi criminali organiz- zati, inclusi, se del caso, i percorsi e i mezzi di trasporto nonché l’uso di false identità, documenti falsificati o contraffatti o altri mezzi che servono ad occultare le loro attività; • per coordinare misure amministrative o d’altro genere considerate appropriate per la tempe- stiva individuazione dei reati contemplati dal presente Piano di azione. 3.3 Stipulazione di accordi sulla cooperazione bilaterale e multilaterale nel campo dell’applicazione della legge per facilitare lo scambio di informazioni. 3.4 Compiere sforzi per elaborare standard comuni per la raccolta di dati statistici.
4. Assistenza e tutela dei testimoni e delle vittime nel sistema giudiziario penale 4.1 Adozione di misure appropriate nell’ambito delle possibilità degli Stati partecipanti, incluse misure legislative, atte ad assicurare un’efficace tutela contro potenziali ritorsioni o intimidazioni dei testimoni per le testimonianze rese nei procedimenti penali riguardanti reati contemplati dal presente Piano di azione e, se del caso, dei loro parenti e di altre persone loro vicine. 4.2 Sensibilizzazione delle autorità e dei funzionari preposti all’applicazione della legge in merito alle loro responsabilità per assicurare l’incolumità delle vittime della tratta di esseri umani e la loro prima assistenza. 4.3 Assicurare la protezione dei dati e il diritto alla privacy della vittima, anche durante la rac- colta e l’analisi dei dati. 4.4 Facilitare la partecipazione della vittima, quale testimone, alle indagini e alle udienze o ad altri procedimenti penali assicurandole la possibilità di trasferimento quale forma di protezione.
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4.5 Fornire la consulenza legale alle vittime allorché esse debbano decidere se testimoniare o meno di fronte ad una corte. 4.6 Consentire alle ONG di sostenere le vittime nelle udienze, qualora ciò non sia incompatibile con la legislazione nazionale.
5. Formazione 5.1 Assicurare o migliorare la formazione dei funzionari addetti al controllo delle frontiere, dei funzionari di polizia, dei giudici, dei procuratori, dei funzionari addetti all’immigrazione e di altri funzionari competenti per tutti gli aspetti della tratta di esseri umani. 5.2 Dedicare attenzione, in tali programmi di formazione, ai diritti umani e alle questioni connesse all’infanzia e alle pari opportunità, nonché incoraggiare la cooperazione con organizzazioni non governative, altre organizzazioni pertinenti e altri elementi della società civile.
6. Misure adottate alle frontiere 6.1 Considerare l’adozione di misure che permettano, conformemente alle leggi nazionali, di negare l’entrata, revocare i visti o eventualmente incarcerare temporaneamente persone implicate in reati, come definito dalla legislazione in vigore. 6.2 Considerare il rafforzamento della cooperazione fra le agenzie di controllo delle frontiere, fra l’altro, istituendo e mantenendo canali di comunicazione diretti.
7. Sicurezza e controllo di documenti 7.1 Adottare le misure che possano essere necessarie per assicurare, con i mezzi disponibili, che i documenti di viaggio o di identità rilasciati da Stati partecipanti o a loro nome siano tali da non poter essere impropriamente utilizzati, facilmente falsificati o corretti, duplicati o rilasciati in modo illegittimo.
8. Legittimità e validità dei documenti 8.1 Su richiesta di un altro Stato partecipante e conformemente alle sue leggi nazionali, verificare entro un tempo ragionevole la legittimità e la validità dei documenti di viaggio o di identità rila- sciati o accertare se tali documenti sono stati rilasciati a nome di tale Stato, nel caso in cui esi- stano motivi fondati per sospettare che siano utilizzati per la tratta di esseri umani. Azione per le istituzioni e gli organismi OSCE
9. Esame e riforma delle leggi 9.1 L’ODIHR e, se del caso, le operazioni sul terreno continueranno a promuovere e a sostenere le iniziative volte all’esame della riforma delle leggi in osservanza delle norme internazionali. 9.2 L’OSCE svilupperà ulteriormente la cooperazione con altri partner e organizzazioni pertinenti.
10. Interventi di ordine pubblico 10.1 L’Unità OSCE per le questioni strategiche di polizia promuoverà ulteriormente il concetto di polizia di prossimità. 10.2 L’Unità per le questioni strategiche di polizia e l’Ufficio del Coordinatore OSCE per le attività economiche e ambientali (OCEEA) faciliteranno lo scambio di informazioni fra gli Stati parteci- panti sulle migliori prassi che le pertinenti unità investigative dovranno utilizzare per controllare l’eventuale origine criminosa e connessa al traffico di beni sospetti.
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10.3 L’OCEEA collaborerà ulteriormente con l’Ufficio delle Nazioni Unite sul Programma globale contro la droga e la criminalità nella lotta al riciclaggio di denaro e utilizzerà i propri buoni uffici per promuovere l’organizzazione di seminari per affrontare il riciclaggio di denaro negli Stati par- tecipanti interessati. 10.4 L’ODIHR, nell’ambito dell’assistenza prestata per l’elaborazione dei Meccanismi Nazionali di Riferimento, continuerà a promuovere e incoraggiare la cooperazione fra gli organi preposti alla tutela della legge e la società civile.
11. Misure disciplinari 11.1 Si chiede all’Ufficio della revisione interna di conservare i dati relativi alle indagini sui reati connessi alla tratta di esseri umani da parte di membri delle missioni e di tutte le rispettive azioni successive intraprese in seguito. Si chiede al Segretario Generale di riferire regolarmente al Con- siglio Permanente sulle misure adottate per attuare i regolamenti in casi di violazione del Codice di condotta rispettando la privacy dei presunti perpetratori.
12. Formazione 12.1 L’ODIHR e l’Unità OSCE per le questioni strategiche di polizia continueranno ad elaborare materiali di formazione destinati alle autorità preposte all’applicazione della legge sulle indagini relative alla tratta di esseri umani e ai reati sessuali, si consulteranno con l’Accademia interna- zionale per l’applicazione della legge (ILEA) di Budapest in merito alla possibilità di inserire tale formazione nei programmi ILEA, individueranno formatori dell’ordine pubblico adeguati per prov- vedere alla formazione e faciliteranno il finanziamento delle sessioni di formazione per le autorità preposte all’applicazione della legge negli Stati partecipanti a ll’OSCE. 12.2 Mentre partner internazionali quali il Centro internazionale per lo sviluppo delle politiche migratorie e l’Organizzazione internazionale per le migrazioni prevedono una formazione di base della polizia sulle modalità di trattazione delle denunce di tratta di esseri umani e mentre altri partner quale il Programma di sviluppo delle Nazioni Unite prevedono una formazione avanzata, si rende necessaria una formazione supplementare sulla trattazione di particolari aspetti dei cri- mini sessuali, ad esempio dell’abuso sessuale sui bambini. L’Unità OSCE per le questioni strategi- che di polizia provvederà a tale formazione in cooperazione con il Fondo delle Nazioni Unite per l’Infanzia e altre organizzazioni pertinenti.
13. Sicurezza e controllo di documenti 13.1 I pertinenti organismi OSCE, in particolare l’Unità anti-terrorismo, continueranno a facilitare i seminari concentrando l’attenzione sulla individuazione di documenti utilizzati per scopi illegali in riferimento alla tratta di esseri umani, alla scoperta di documenti di viaggio falsi utilizzati per l’entrata di persone coinvolte in traffici e al perfezionamento dei mezzi di indagine non tecnolo- gici, fra cui le tecniche dei colloqui. Inoltre, i seminari si concentreranno sui mezzi di tutela della libertà di movimento delle persone attraverso le frontiere, nell’ambito delle restrizioni compati- bili con i pertinenti impegni OSCE.
Prevenzione della tratta di esseri umani Gli impegni degli Stati partecipanti relativi alla preven- zione sono stati assunti nella Dichiarazione del Consiglio dei ministri sulla tratta di esseri umani adottata a Porto nel 2002, nella Decisione OSCE N.426 del 2001 del Consiglio Permanente, nella Decisione del Consiglio dei ministri sull’intensificazione degli sforzi dell’OSCE nella lotta contro la tratta di esseri umani adottata Vienna nel 2000, nel Piano di azione OSCE per le questioni rela- tive alle pari opportunità approvato dal Consiglio Permanente nel 2000, nella Carta per la Sicurezza europea adottata a Istanbul nel 1999, nel Documento della Riunione di Mosca della Conferenza sulla dimensione umana della CSCE adottato a Mosca nel 1991, nell’Atto Finale della Conferenza
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sulla Sicurezza e la Cooperazione in Europa adottato a Helsinki nel 1975. Nei suddetti documenti gli Stati partecipanti hanno anche concordato il ruolo d ell’OSCE in tale settore.
IV.
Azione raccomandata a livello nazionale
1. Raccolta di dati e ricerca 1.1 Raccolta di dati separati connessi alle donne, uomini e bambini vittime dei traffici e perfezio- namento della ricerca e dell’analisi di dati quali la natura e l’incidenza della tratta di esseri umani nonché dei meccanismi della tratta di esseri umani e dello sfruttamento adottati dai gruppi cri- minali organizzati, al fine di elaborare misure di prevenzione della tratta di esseri umani efficaci e opportunamente mirate. Promozione di ricerche più ampie e scambio di informazioni sulla tratta di bambini. 1.2 Individuazione delle fasce di popolazione più vulnerabili e sviluppo di campagne speciali per incrementare la sensibilizzazione a tale riguardo. 1.3 Svolgimento di analisi più ampie sulle cause originarie della tratta di esseri umani, sui fattori legati alla domanda e all’offerta, sue reti e conseguenze economiche, nonché suo collegamento con le migrazioni illegali.
2. Misure adottate alle frontiere 2.1 Senza pregiudizio per gli impegni internazionali relativi al libero movimento delle persone, rafforzamento, nella misura possibile, di controlli alle frontiere che possano rendersi necessari per prevenire e scoprire la tratta di esseri umani. 2.2 Adozione di misure legislative o di altre misure appropriate per prevenire, per quanto possi- bile, che i mezzi di trasporto gestiti da vettori commerciali siano utilizzati per commettere reati, come definito dalle disposizioni contro la tratta di esseri umani. 2.3 Se del caso e senza pregiudizio per le convenzioni internazionali applicabili, obbligare i vettori commerciali, compresi qualsiasi società di trasporto o i proprietari o i gestori di qualsiasi mezzo di trasporto, ad accertare che tutti i passeggeri siano in possesso di documenti di viaggio validi. Conformemente alla legislazione nazionale, adottare le misure necessarie per prevedere sanzioni in caso di violazione.
3. Politiche economiche e sociali volte ad affrontare le cause originarie della tratta di esseri umani 3.1 Nei Paesi di origine: • considerare quali obiettivi prioritari: la promozione della stabilità socio-economica e politica, e la riduzione sia delle migrazioni causate da grave povertà che da fattori contingenti della tratta di esseri umani. Le politiche miranti a tali obiettivi dovrebbero inoltre promuovere sia lo svi- luppo economico che l’integrazione sociale; • migliorare l’accesso dei bambini ad opportunità educative e professionali e incrementare il livello della frequenza scolastica, in particolare da parte delle bambine e dei gruppi minoritari; • promuovere le opportunità di lavoro delle donne facilitando le opportunità imprenditoriali per le piccole e medie imprese (PMI). Organizzazione di corsi di formazione per le PMI, destinati in particolare a gruppi ad alto rischio.
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3.2 Nei Paesi di destinazione: • attuare misure volte a ridurre “l’invisibilità dello sfruttamento”. Un programma che coinvolga le diverse agenzie di monitoraggio, i controlli amministrativi e la raccolta di informazioni sui mercati del lavoro e, se del caso, sull’industria del sesso, contribuirà notevolmente a tale obiettivo; • considerare la liberalizzazione dei mercati del lavoro da parte dei governi al fine di incremen- tare le opportunità di impiego per lavoratori in possesso di un’ampia gamma di professionalità; • affrontare il problema del lavoro non tutelato, informale e spesso illegale, per trovare un equili- brio fra la domanda di lavoro a bassa retribuzione e la possibilità di migrazioni regolari; • affrontare le attività economiche clandestine che minano le economie e intensificano la tratta di esseri umani.
3.3 Nei Paesi di origine o nei Paesi di destinazione: • adottare misure appropriate per elevare i livelli della tutela sociale e creare possibilità di impiego per tutti; • adottare misure appropriate per eliminare la discriminazione delle donne nel campo dell’oc- cupazione al fine di assicurare, in base alle pari opportunità, il diritto a retribuzioni uguali per lavori uguali e il diritto all’eguaglianza nelle diverse opportunità occupazionali; • affrontare tutte le forme di discriminazione delle minoranze; • elaborare programmi che offrano possibilità di sussistenza e comprendano un’istruzione di base, l’alfabetizzazione, la comunicazione e altre capacità e che riducano le barriere all’imprendito- rialità; • incoraggiare la sensibilizzazione nel campo delle pari opportunità e promuovere relazioni pari- tarie e di pieno rispetto fra i sessi, prevenendo in tal modo la violenza contro le donne; • assicurare l’esistenza di politiche che consentano alle donne un accesso paritario alle risorse economiche e finanziarie e il controllo di queste; • promuovere un finanziamento flessibile e l’accesso a crediti, compresi micro-crediti a interessi bassi; • promuovere il buon governo e la trasparenza nelle transazioni economiche; • adottare o potenziare le misure legislative, educative, sociali, culturali o di altro genere e, se del caso, una legislazione penale, anche mediante una cooperazione bilaterale e multilaterale, per scoraggiare la domanda che promuove tutte le forme di sfruttamento delle persone, in partico- lare delle donne e dei bambini, e che porta alla tratta di esseri umani.
4. Incremento della sensibilizzazione 4.1 Intraprendere, in cooperazione con la società civile e le ONG, campagne di informazione per sensibilizzare l’opinione pubblica sulla tratta di esseri umani nelle sue varie forme, inclusi i metodi impiegati dai trafficanti e i rischi delle vittime. 4.2 Incrementare la sensibilizzazione, riguardo alla tratta di esseri umani, delle autorità addette all’immigrazione e del personale consolare e diplomatico in modo che questi possano utilizzare tali conoscenze nei loro contatti quotidiani con le vittime potenziali. 4.3 Incoraggiare le ambasciate nazionali a diffondere informazioni sulla pertinente legislazione nazionale, come la legge sulla famiglia, la legge sul lavoro e la legge sull’immigrazione che riguar- dano i migranti potenziali, anche tramite le ONG.
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4.4 Incrementare la sensibilizzazione alla tratta di esseri umani di altri gruppi pertinenti interes- sati, inclusi gli esponenti politici, i funzionari preposti all’applicazione della legge e altri profes- sionisti competenti fra cui funzionari sanitari, addetti ai servizi sociali e al collocamento nonché funzionari del settore privato, per promuovere la loro disponibilità ad affrontare adeguatamente tale problema e rafforzare la propria capacità istituzionale per contrastarlo. 4.5 Incoraggiare le sezioni consolari e quelle addette al rilascio di visti delle missioni diplomatiche a utilizzare materiali stampati e di altro genere nei contatti con individui a rischio. 4.6 Incrementare la sensibilizzazione dei media. La percezione del problema della tratta di esseri umani affrontata dai media dovrebbe includere una chiara spiegazione del fenomeno e una descri- zione realistica delle vittime. Per migliorare al massimo la conoscenza e la sensibilizzazione del pubblico si dovrebbero svolgere campagne anti-tratta di esseri umani con professionisti dei mezzi di informazione. 4.7 Indirizzare le campagne di incremento della sensibilizzazione anche ai gruppi più vulnerabili, inclusi persone appartenenti a minoranze nazionali, bambini, migranti e sfollati (IDP). 4.8 Estendere le campagne di incremento della sensibilizzazione alle città e ai villaggi più piccoli le cui popolazioni possono essere esposte a rischi particolari. 4.9 Operare nelle scuole e nelle università, nonché direttamente presso le famiglie per raggiun- gere i giovani e incrementare la loro sensibilizzazione in riferimento alla tratta di esseri umani. 4.10 Affrontare, anche mediante i mezzi di informazione, la necessità di ridurre la domanda di pre- stazioni di persone oggetto di tratta affini a sfruttamento sessuale, di lavoro forzato, di schiavitù o di altre pratiche riconducibili alla schiavitù e, a tale riguardo, promuovere la tolleranza zero per tutte le forme di tratta di esseri umani. 4.11 Creare ben pubblicizzati accessi telefonici gratuiti nei Paesi di origine, di transito e di desti- nazione, che dovrebbero servire a tre scopi: agire quale fonte indipendente di consulenza e guida per le vittime potenziali che possano considerare opportunità di lavoro o altre offerte per recarsi all’estero; operare quale primo punto di contatto che fornisce l’accesso a un meccanismo di rife- rimento per le vittime della tratta di esseri umani e, infine, facilitare la comunicazione anonima di casi o di casi sospetti della tratta di esseri umani.
5. Misure legislative 5.1 Adottare o riesaminare leggi, controlli amministrativi e procedure relativi alla concessione di licenze e all’operatività di settori imprenditoriali che, secondo l’intelligence, possono essere coinvolti nella tratta di esseri umani, quali le agenzie di collocamento, turistiche, au pair, agen- zie di adozione o matrimoniali che operano per corrispondenza, nonché servizi alberghieri e di accompagnamento. 5.2 Assicurare che le misure adottate per prevenire e combattere la tratta di esseri umani non abbiano un’influenza negativa sui diritti e sulla dignità delle persone, inclusa la loro libertà di movimento.
Azione per le istituzioni e gli organismi OSCE
6. Raccolta di dati e ricerca 6.1 Incrementare la raccolta di dati e la ricerca sulla tratta di esseri umani, in particolare sulla tratta di bambini, basandosi sulle ricerche del passato e coinvolgendo negli scambi il Fondo delle Nazioni Unite per l’infanzia e altri attori pertinenti. 6.2 Incaricare il Punto di contatto d ell’ODIHR sui Rom e i Sinti di continuare a raccogliere dati con- cernenti la tratta di esseri umani, in particolare bambini, e i suoi effetti sulle comunità di Rom e Sinti.
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7. Affrontare le cause originarie della tratta di esseri umani 7.1 L’OCEEA appoggerà la promozione e lo sviluppo di centri di informazione nazionale pubblici per consentire agli individui di controllare la legittimità delle imprese, in particolare di quelle che sostengono l’occupazione all’estero, evitando la sovrapposizione con le esistenti strutture delle Camere di commercio e altri uffici di registrazione commerciale. L’OCEEA può funzionare da intermediaria raccogliendo esempi delle prassi migliori per controllare la legittimità in modo facilmente accessibile e distribuire i risultati agli Stati partecipanti interessati e/o alle operazioni OSCE sul terreno. 7.2 L’OCEEA continuerà a promuovere la formazione delle PMI e a destinarla in particolare ai gruppi ad alto rischio, fra l’altro prestando assistenza nell’elaborazione delle leggi volte a ridurre le barriere poste alla costituzione delle PMI. 7.3 L’OCEEA dovrebbe elaborare programmi per affrontare i fattori economici che aumentano la vulnerabilità delle donne e delle minoranze nei confronti della tratta di esseri umani, inclusi la discriminazione sul posto di lavoro e il mancato accesso a crediti.
8. Incremento della sensibilizzazione 8.1 L’ODIHR e, se del caso, le operazioni sul terreno continueranno a contribuire ai progetti di ricerca nonché alla promozione e alla realizzazione di iniziative volte a incrementare la sensi- bilizzazione in cooperazione con partner competenti in tutta la regione OSCE. 8.2 La Sezione Stampa e informazione al pubblico contribuirà a incrementare la sensibilizzazione dei media per le attività dell’OSCE nel campo della tratta di esseri umani. L’ODIHR intensificherà le attività di formazione riguardo alla responsabilità dei media nella trattazione del problema della tratta di esseri umani in modo sensibile e senza accentuare stereotipi negativi. La formazione sotto- lineerà la complessità del fenomeno della tratta di esseri umani e la necessità di una risposta globale. 8.3 Al fine di assicurare che il personale delle operazioni sul terreno OSCE non si coinvolga inten- zionalmente nella tratta di esseri umani né in alcun modo lo faciliti, nonché di adempiere le norme contenute nella parte 4 del Codice di condotta OSCE che fa parte integrante dello Statuto del per- sonale, il Segretario Generale redigerà istruzioni globali per il personale che saranno riesaminate dal Consiglio Permanente non oltre il 15 novembre 2003. 8.4 Coordinatore di formazione OSCE, il Consulente per le questioni inerenti alle pari opportu- nità e il Coordinatore per la sicurezza continueranno a utilizzare il corso introduttivo per svilup- pare e attuare la formazione del personale sulle questioni inerenti alle pari opportunità, sulla tratta di esseri umani e sui pertinenti regolamenti e linee guida, in cooperazione con l ’ODIHR, nonché ad organizzare speciali seminari in tale settore. I capi delle operazioni sul terreno assicureranno che la frequenza di tali corsi di formazione sia obbligatoria per tutto il personale. 8.5 L’OCEEA contribuirà a mobilitare e intensificare gli sforzi del settore privato per combattere la tratta di esseri umani incrementando la sensibilizzazione, nonché individuando e diffondendo le prassi migliori, quali l’auto-regolamentazione, le linee guida politiche e i codici di condotta.
V. Protezione e assistenza
Gli impegni OSCE relativi alla protezione e all’assistenza delle vittime della tratta di esseri umani sono stati assunti nella Dichiarazione sulla tratta di esseri umani del Consiglio dei ministri di Porto del 2002, nella Decisione N.6 del Consiglio dei ministri di Bucarest del 2001, nella Decisione N.1 del Consiglio dei ministri di Vienna del 2000, nella Carta per la Sicurezza Europea adottata ad Istanbul nel 1999. Azione raccomandata a livello nazionale
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1. Raccolta di dati e ricerca 1.1 Raccogliere dati mediante lo scambio e l’analisi delle prassi migliori e di altre informazioni riguardanti l’efficace protezione e assistenza alle vittime della tratta di esseri umani negli Stati partecipanti a ll’OSCE.
2. Misure legislative 2.1 Considerare la necessità di adottare una legislazione che fornisca la base giuridica per prestare assistenza e protezione alle vittime della tratta di esseri umani, in particolare durante le indagini preliminari e nei procedimenti giudiziari. 2.2 Ratificare o accedere e attuare pienamente il Protocollo delle Nazioni Unite per la preven- zione, la repressione e la punizione della tratta di esseri umani, in particolare donne e bambini, che integra la Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale.
3. Meccanismi di riferimento nazionale (NRM)* 3.1 Istituire Meccanismi Nazionali di Riferimento con la creazione di un quadro cooperativo in cui gli Stati partecipanti adempiano ai loro obblighi per tutelare e promuovere i diritti umani delle vittime della tratta di esseri umani in coordinamento e partnership strategica con la società civile e altri attori che operano in tale campo. 3.2 Fornire una guida per facilitare l’accurata individuazione e un trattamento adeguato delle vit- time della tratta di esseri umani, in modo da rispettare i pareri e la dignità delle persone interessate. 3.3 Unire gli sforzi degli organi preposti all’applicazione della legge, incluse le unità anti-tratta di esseri umani speciali e la polizia a livello locale, i funzionari addetti alle migrazioni e i servizi di frontiera, le unità di tutela sociale, le istituzioni sanitarie, nonché le ONG e altre istituzioni della società civile quali principali attori da coinvolgere nelle attività degli NRM. 3.4 Istituire meccanismi adeguati per armonizzare l’assistenza alle vittime con le azioni investi- gative e giudiziarie. 3.5 Dedicare particolare attenzione alla necessità di intensificare la cooperazione fra la polizia e le ONG nell’individuare, informare e proteggere le vittime della tratta di esseri umani. 3.6 Collegare le attività degli NRM con quelle degli organi interministeriali, dei coordinatori nazionali, delle ONG e di altre istituzioni nazionali pertinenti per costituire un nucleo intersetto- riale e multidisciplinare capace di sviluppare e monitorare l’attuazione delle politiche anti-tratta di esseri umani.
4. Alloggi protetti 4.1 Costituire alloggi protetti, gestiti da organi governativi, ONG o altre istituzioni della società civile per affrontare le necessità delle persone vittime della tratta; tali centri si propongono di garan- tire la sicurezza, l’accesso a consulenze indipendenti in una lingua conosciuta dalla vittima, l’as- sistenza sanitaria di pronto soccorso e l’opportunità di un periodo di riflessione dopo il trauma subito. Gli alloggi possono essere costituiti utilizzando strutture già esistenti come i centri di acco- glienza per le donne. 4.2 Assicurare l’accesso agli alloggi protetti a tutte le vittime della tratta di esseri umani, indipen- dentemente dalla loro disponibilità a cooperare con le autorità nelle indagini.
* Il Manuale ODIHR sulle linee guida e i principi per definire e attuare i meccanismi nazionali di riferimento può servire quale utile fonte di consulenza e informazione sul ruolo degli NRM nella prestazione di assistenza e protezione delle vittime della tratta di esseri umani.
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4.3 Dedicare particolare attenzione per garantire la sicurezza del personale di tali centri, la riser- vatezza delle informazioni ottenute, nonché l’incolumità e la privacy delle vittime della tratta di esseri umani. 4.4 Utilizzare gli alloggi protetti per assicurare le opportunità di formazione delle vittime della tratta di esseri umani in modo da facilitare il reinserimento, l’occupazione e l’indipendenza futuri, nonché migliorare le loro capacità complessive dopo il trauma subito.
5. Rilascio di documenti 5.1 Assicurare il rilascio di documenti, se necessario, come prima misura per chiarire l’identità e lo status della vittima nei Paesi di destinazione, rendendo così possibile procedere con diverse opzioni di assistenza nei casi appropriati, quali il rimpatrio, preferibilmente volontario, il rilascio di permessi di residenza temporanei o permanenti e/o la legalizzazione dell’impiego. 5.2 Intensificare la cooperazione fra gli organi preposti all’ordine pubblico nei Paesi di origine, di transito e destinazione e i funzionari responsabili di tutte le istituzioni coinvolte nel ripristino dei diritti delle vittime della tratta di esseri umani, incluso il personale delle ambasciate e dei con- solati degli Stati partecipanti al fine di facilitare la verifica tempestiva dei dati personali ed evitare ritardi indebiti o eccessivi. 5.3 Informare le vittime identificate della tratta di esseri umani del loro diritto di accedere alle rappresentanze diplomatiche e consolari del Paese di cui sono cittadini.
6. Prestazione di assistenza sociale 6.1 Sviluppare programmi di assistenza sociale e di integrazione, inclusa la consulenza giuridica in una lingua conosciuta dalla vittima, l’assistenza sanitaria e psicologica e l’accesso alle cure medi- che, rese disponibili negli alloggi protetti o in altre istituzioni pertinenti. 6.2 Considerare, qualora non incompatibili con la legislazione nazionale, misure giuridiche per consentire che i beni confiscati siano utilizzati per sovvenzionare il finanziamento governativo dei programmi che riguardano le esigenze delle vittime della tratta di esseri umani e compensare le vittime secondo la gravità del crimine commesso nei loro confronti.
7. Rimpatrio, riabilitazione e reinserimento 7.1 Assistere le vittime della tratta di esseri umani nel rimpatrio, preferibilmente, volontario nel Paese di origine con riguardo alla loro incolumità e a quella dei loro familiari, e senza ritardi inde- biti o eccessivi. 7.2 Assicurare il regolare svolgimento di tutte le pratiche di rientro e trasferimento tenendo conto di un approccio umanitario e comprensivo. 7.3 Mirare a contribuire alla riabilitazione e al reinserimento sociale delle vittime della tratta di esseri umani assicurando loro agevolazioni sociali ed economiche. 7.4 Incrementare la sensibilizzazione dei media circa la necessità di salvaguardare la privacy evi- tando di rendere pubblica l’identità delle vittime della tratta di esseri umani o la pubblicazione di informazioni riservate nocive per la sicurezza delle vittime o per la causa della giustizia nei pro- cedimenti penali.
8. Concessione di un periodo di riflessione e di permessi di residenza temporanei o permanenti 8.1 Considerare l’introduzione di un periodo di riflessione per assicurare alla vittima il tempo necessario per decidere se rendere o meno testimonianza.
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8.2 Considerare caso per caso, se appropriato, il rilascio di permessi di residenza temporanei o per- manenti, tenendo conto di fattori quali i rischi potenziali per l’incolumità delle vittime. 8.3 Considerare, se del caso, il rilascio di permessi di lavoro alle vittime durante la loro perma- nenza nel Paese di accoglienza.
9. Tutela del diritto di richiesta di asilo 9.1 Assicurare che le leggi, le politiche, i programmi e gli interventi anti-tratta di esseri umani non pregiudichino il diritto di tutte le persone, incluse le vittime della tratta di esseri umani, di chie- dere e godere dell’asilo in quanto perseguitati, conformemente al diritto internazionale sui rifu- giati, in particolare tramite l’effettiva applicazione del principio di non-refoulement.
10. Tutela del fanciullo 10.1 Assicurare che le particolari esigenze dei fanciulli e i loro interessi siano pienamente presi in considerazione quando si decide in merito ad alloggio, istruzione e cure adeguati. In casi appro- priati, qualora non esista una minaccia diretta all’incolumità dei fanciulli, assicurare loro l’accesso al sistema di istruzione statale. 10.2 Decidere il rimpatrio di un fanciullo vittima della tratta di esseri umani soltanto dopo avere preso in considerazione tutte le circostanze del caso specifico e se esiste nel Paese di origine una famiglia o un’istituzione speciale che possa assicurare al fanciullo l’incolumità, la tutela, la riabi- litazione e il reinserimento. 10.3 Considerare le disposizioni enunciate nelle Direttive sulla protezione di minori non accom- pagnati dell’Alto Commissario delle Nazioni Unite per i rifugiati nell’elaborare le politiche desti- nate a tale gruppo a rischio, e in particolare per coloro che non possiedono documenti di identità. 10.4 Utilizzare accordi bilaterali e/o regionali sui principi fondamentali di una buona accoglienza di fanciulli non accompagnati al fine di unire le iniziative destinate alla tutela dei fanciulli. 10.5 Ratificare o accedere al Protocollo Opzionale della Convenzione dei diritti del fanciullo, sulla vendita di fanciulli, la prostituzione e la pornografia infantile, e attuarlo pienamente.
Azione per le istituzioni e gli organismi OSCE
11. Meccanismi di riferimento nazionale (NRM) 11.1 Intensificare le attività d ell’OSCE, in particolare d ell’ODIHR, nell’assistere gli Stati parteci- panti, su loro richiesta, per l’istituzione degli NRM. 11.2 Incaricare l’Unità OSCE per le questioni strategiche di polizia, nonché l ’ODIHR, di elaborare ulteriormente linee guida o un manuale per l’individuazione di vittime sospette e di prove di tratta di esseri umani, al fine di assistere gli Stati partecipanti, se del caso.
12. Reinserimento 12.1 L’OCEEA faciliterà i contatti fra i attori pubblici e privati al fine di incoraggiare il mondo imprenditoriale ad offrire opportunità di lavoro alle vittime dei traffici.
13. Tutela del fanciullo 13.1 L’OSCE nel suo complesso dedicherà un’attenzione speciale alla questione della tratta di fan- ciulli e al riconoscimento della vulnerabilità dei fanciulli non accompagnati. Si dovrebbero com- piere sforzi per sviluppare la cooperazione con agenzie internazionali specializzate, in particolare con il Fondo delle Nazioni Unite per l’infanzia e con le pertinenti ONG internazionali, in riunioni
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di esperti, nella ricerca e nell’elaborazione di linee guida che promuovano al meglio gli interessi del fanciullo.
14. Formazione 14.1 Incaricare il Coordinatore per la formazione OSCE, il Consulente per le questioni inerenti alle pari opportunità e il Coordinatore per la sicurezza in collaborazione con l’ODIHR di elabo- rare materiale informativo sulle modalità di assistenza alle vittime dei traffici, in particolare dei fanciulli, in risposta alle richieste di individui oppure organi governativi e non governativi, non- ché assicurare una formazione pertinente per i membri delle missioni OSCE. Il materiale potrebbe anche essere distribuito al personale militare, alle truppe di mantenimento della pace e ad altro personale internazionale sul terreno. 14.2 Incaricare l’ODIHR di raccogliere e diffondere informazioni sulle misure, i programmi e i materiali di formazione già disponibili negli Stati partecipanti a ll’OSCE.
15. Misure legislative 15.1 In coordinamento con l’Ufficio delle Nazioni Unite per le droghe e la criminalità, il Consi- glio d’Europa e altri attori pertinenti, l’ODIHR continuerà ad assistere gli Stati partecipanti, su loro richiesta, per adeguare la loro legislazione nazionale in osservanza delle norme e degli stan- dard internazionali, in particolare promuovendo un approccio umanitario e comprensivo alle vit- time della tratta di esseri umani.
VI. Seguiti e meccanismi di coordinamento
Oltre a monitorare l’attuazione degli impegni OSCE da parte degli Stati partecipanti attraverso i meccanismi OSCE esistenti, incluse la Riunione annuale di attuazione nel quadro della dimen- sione umana, le Conferenze di riesame e i pertinenti eventi connessi con la dimensione umana, il Consiglio Permanente raccomanda di intraprendere le seguenti azioni a livello nazionale:
1. considerare la nomina di Relatori nazionali o altri meccanismi per il monitoraggio delle attività anti-tratta di esseri umani delle istituzioni statali e dell’attuazione dei requisiti legislativi nazionali;
2. considerare l’istituzione di Commissioni per la lotta alla tratta di esseri umani (task force) o organi analoghi responsabili del coordinamento delle attività all’interno di un Paese fra le agenzie di Stato e le ONG, e della elaborazione di misure atte a prevenire la tratta di esseri umani, punire i perpe- tratori di tale crimine e proteggere le vittime;
3. migliorare la cooperazione fra le istituzioni statali e le ONG nazionali impegnate nell’assicu- rare protezione e assistenza alle vittime della tratta di esseri umani, nella lotta alla violenza contro le donne e i bambini, nella promozione delle pari opportunità e nella sensibilizzazione dell’opi- nione pubblica sulle questioni relative ai diritti dell’uomo;
inoltre, il Consiglio Permanente:
4. incarica la Presidenza di sviluppare il dibattito sui seguiti di tale Piano di azione, potenziando fra l’altro le strutture attuali ed esaminando la necessità di un nuovo meccanismo, al fine di inten- sificare gli sforzi d ell’OSCE volti a combattere la tratta di esseri umani, elevando il suo profilo poli- tico e attribuendogli un ruolo importante in tale questione, nonché un migliore coordinamento dell’attività fra le tre dimensioni d ell’OSCE;
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5. incarica le competenti strutture dell’OSCE di ospitare e facilitare riunioni annuali a Vienna di coordinatori, rappresentanti o esperti nazionali per la lotta alla tratta di esseri umani, al fine di monitorare il processo di attuazione del Piano di azione d ell’OSCE. Ciò offrirà loro l’opportu- nità di creare reti, scambiare informazioni e definire priorità della cooperazione;
6. sollecita a perseguire una stretta interazione fra il Segretariato OSCE, le sue istituzioni e le sue operazioni sul terreno al fine di assistere gli Stati partecipanti, ove appropriato, ad attuare il pre- sente Piano di azione;
7. incarica l’ODIHR di prestare l’assistenza tecnica necessaria agli Stati partecipanti, ove appro- priato, nell’elaborazione di Piani di azione anti-tratta di esseri umani nazionali, incluse misure legi- slative e altre misure di assistenza volte a prevenire e a combattere efficacemente la tratta di esseri umani e a proteggere le vittime;
8. incarica le istituzioni e gli organi OSCE di intraprendere un più ampio scambio regolare di infor- mazioni, di raccolta di dati e ricerche con pertinenti organizzazioni internazionali;
9. incarica l’ODIHR di sviluppare ulteriormente la sua funzione di centro di coordinamento per lo scambio di informazioni, contatti, materiali e buone prassi e di intensificare le sue attività rela- tive ai progetti.
Decisione N.3/03
Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE
Il Consiglio dei Ministri,
impegnato al rispetto dei diritti dell’uomo e delle libertà fondamentali per tutti, senza discrimi- nazioni di alcun tipo in base alla razza, al colore, al sesso, alla lingua, alla religione o al credo, ad opinioni politiche o di altro tipo, all’origine nazionale o sociale, alla proprietà, alla nascita o ad altro stato,
appoggiando l’adozione e l’attuazione di una legislazione antidiscriminazione esaustiva intesa a promuovere pienamente pari opportunità per tutti,
riconoscendo le particolari difficoltà dei Rom e dei Sinti e la necessità di adottare misure efficaci per eliminare la discriminazione nei loro confronti e promuovere pari opportunità, conforme- mente agli impegni d ell’OSCE,
riconoscendo i progressi conseguiti nelle legislazioni nazionali e nei programmi d’azione e gli sforzi compiuti a tal fine dagli Stati partecipanti,
consapevole al tempo stesso che occorrono ancora azioni decise per migliorare la situazione delle popolazioni Rom e Sinti nell’area d ell’OSCE,
prendendo atto della ricca varietà culturale, linguistica e storica delle popolazioni Rom e Sinti all’interno dell’area d ell’OSCE, nonché della diversità delle strutture e delle tradizioni nazionali nell’area dell’OSCE,
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prendendo atto dell’esito di recenti importanti conferenze governative e non governative e di ini- ziative riguardanti Rom e Sinti in Europa, tra cui anche il lancio del Decennio per l’integrazione dei Rom e la possibile creazione di un Foro europeo per i Rom e i nomadi,
persuasi che le popolazioni Rom e Sinti debbano avere un grado sempre maggiore di autogestione delle politiche che li riguardano,
decide di approvare il Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE, adottato dal Consiglio Permanente con la Decisione N.566 del 27 novembre 2003, alle- gato alla presente Decisione.
Annesso alla Decisione N.3/03
Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE
I. Ambito e obiettivi
1. Il Piano d’azione mira a potenziare le iniziative degli Stati partecipanti e delle competenti isti- tuzioni e strutture d ell’OSCE intese ad assicurare che le popolazioni Rom e Sinti siano in grado di svolgere a tutti gli effetti e in condizioni paritarie un ruolo nelle nostre società e ad eliminare la discriminazione nei loro confronti.
2. Il Piano d’azione si basa sul quadro delle norme internazionali e regionali in materia di diritti dell’uomo, sugli esistenti impegni dell’OSCE, nonché su esempi delle migliori prassi adottate nei Paesi europei, e mira a promuovere tali prassi in altri Paesi. Le misure speciali previste dal Piano d’azione per migliorare la situazione delle popolazioni Rom e Sinti si basano sulla Convenzione internazionale sull’eliminazione di ogni forma di discriminazione razziale.*
3. Sia gli Stati partecipanti che le istituzioni dell’OSCE sono invitati ad attuare il Piano d’azione. Le comunità Rom e Sinti negli Stati partecipanti sono invitate ad avvalersi delle disposizioni del Piano d’azione e a contribuire attivamente alla relativa attuazione.
II. Contesto generale: per i Rom, con i Rom
4. Ciascuna politica nazionale o strategia di attuazione dovrebbe: (1) rispondere a problemi, neces- sità e priorità reali delle comunità dei Rom e dei Sinti; (2) essere globale; (3) introdurre un approc- cio equilibrato e sostenibile per coniugare gli obiettivi in materia di diritti umani con le politiche sociali e (4) massimizzare l’autogestione da parte dei Rom delle politiche che li riguardano. Nel contempo negli Stati partecipanti le politiche nazionali o le strategie di attuazione potrebbero essere adattate e attuate secondo i bisogni specifici delle popolazioni Rom e Sinti in particolari situazioni. Le strategie di attuazione dovrebbero inoltre comprendere meccanismi volti ad assicu- rare che le politiche nazionali vengano attuate a livello locale.
* L’Articolo I, paragrafo 4 recita: “Non saranno considerate misure di discriminazione razziale le misure spe- ciali adottate al solo scopo di assicurare un’adeguata promozione di alcuni gruppi razziali o etnici o di indi- vidui che necessitino della tutela ritenuta necessaria per veder garantito un uguale godimento ed esercizio dei diritti umani e delle libertà fondamentali, a condizione tuttavia che tali misure non abbiano come conseguenza il mantenimento di diritti distinti per diversi gruppi razziali, e che esse non vengano mantenute in vigore una volta raggiunti gli obiettivi che si erano prefisse”.
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5. Il principio guida degli sforzi degli Stati partecipanti e delle competenti istituzioni d ell’OSCE dovrebbe prevedere l’attiva partecipazione delle comunità Rom e Sinti all’elaborazione e all’attua- zione di ciascuna strategia politica e attuativa. È essenziale garantire l’effettiva partecipazione dei Rom e dei Sinti a tutte le decisioni che riguardano la loro esistenza. Le popolazioni Rom e Sinti dovrebbero collaborare con le autorità locali nazionali e internazionali nello sviluppo di tali strate- gie. Le comunità Rom dovrebbero essere altresì partner paritari e dovrebbero condividere la respon- sabilità per il miglioramento del proprio benessere.
6. Nell’elaborazione e nell’attuazione di tutte le politiche e di tutti i programmi si dovrebbe tener conto della particolare situazione delle donne Rom e Sinti. Ove esistano meccanismi consultivi e di altro tipo per facilitare la partecipazione delle popolazioni Rom e Sinti ai processi politici decisio- nali, le donne dovrebbero essere in grado di parteciparvi su base paritaria assieme agli uomini. Le questioni concernenti le donne Rom dovrebbero essere sistematicamente inserite in tutte le perti- nenti politiche riguardanti l’insieme della popolazione.
III. Combattere razzismo e discriminazione
Al fine di contrastare i pregiudizi nei confronti dei Rom e dei Sinti nonché di elaborare e attuare efficacemente politiche atte a combattere discriminazione e violenza razziale, si raccomandano le seguenti azioni:
Legislazione e applicazione della legge
Azioni raccomandate agli Stati partecipanti:
7. considerare la ratifica, quanto prima possibile se non lo hanno ancora fatto, dei pertinenti trat- tati internazionali, e tra l’altro, della Convenzione internazionale sull’eliminazione di ogni forma di discriminazione razziale.
8. Adottare e attuare un’efficace legislazione contro la discriminazione etnica e razziale in tutti i settori, incluso, tra l’altro, l’accesso agli alloggi, alla cittadinanza, alla residenza, all’istruzione, all’impiego, alla sanità e ai servizi sociali. Coinvolgere i rappresentanti dei Rom e dei Sinti nei pro- cessi di elaborazione, attuazione e valutazione.
9. La legislazione antidiscriminazione dovrebbe garantire: • il divieto di discriminazione razziale sia diretta che indiretta; • l’imposizione di sanzioni efficaci, proporzionate e dissuasive per azioni o pratiche discriminatorie; • l’imposizione di condanne più severe per crimini a motivazione razziale commessi sia da indi- vidui privati che da pubblici ufficiali; • il pari accesso a rimedi efficaci (procedure giudiziarie, amministrative, di conciliazione o di mediazione).
10. Si dovrebbe assicurare che la legislazione nazionale vieti ogni azione discriminatoria e che tutti i casi di presunta discriminazione vengano indagati a fondo e obiettivamente.
11. Creare, ove appropriato, istituzioni specializzate per garantire l’attuazione di tale legislazione, nonché meccanismi nazionali per monitorare i progressi raggiunti, nonché riferire regolarmente e con trasparenza in merito a tale attuazione. Incoraggiare la partecipazione di rappresentanti Rom e Sinti in tali organi, il cui operato dovrebbe essere accessibile al pubblico.
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12. Sviluppare, ove necessario, esaurienti strategie nazionali o piani d’azione intesi a migliorare la situazione dei Rom e dei Sinti, che includano misure specifiche per far fronte alla discrimina- zione in tutti i settori della vita sociale.
13. Valutare regolarmente, specie a livello locale, i risultati di tali strategie e coinvolgere le comu- nità Rom e Sinti nel processo di valutazione.
14. Cercare, incoraggiando un dialogo autentico o consultazioni o tramite altri mezzi appropriati, di migliorare le relazioni tra le popolazioni Rom e Sinti e gli altri abitanti, al fine di promuovere la tolleranza e superare i pregiudizi e gli stereotipi negativi da entrambe le parti.
15. Documentare, compatibilmente con gli standard internazionali sulla tutela dei dati, tutti i tipi e i pertinenti casi di discriminazione al fine di meglio valutare la situazione e rispondere alle neces- sità dei Rom e dei Sinti.
16. Assicurare indagini determinate ed efficaci degli atti di violenza contro i Rom e i Sinti, spe- cialmente ove sussistano ragionevoli sospetti che tali atti siano stati commessi per motivi razziali, e perseguire i responsabili conformemente alle leggi nazionali e compatibilmente ai pertinenti standard sui diritti dell’uomo.
17. Assicurare, anche attraverso l’adozione di efficaci misure investigative e punitive da parte della polizia, che non vi sia impunità per coloro che hanno commesso atti di discriminazione o di violenza.
18. Facilitare l’accesso alla giustizia da parte dei Rom e dei Sinti tramite misure quali l’assistenza legale e la divulgazione di informazioni in lingua romanes.
19. Tener conto in tutte le misure e in tutti i programmi della situazione delle donne Rom e Sinti che sono spesso vittime di discriminazione in base all’etnia e al sesso. Azioni raccomandate alle istituzioni e alle strutture d ell’OSCE:
20. l’ODIHR e, ove appropriato, altre istituzioni e strutture dell’OSCE, comprese le operazioni OSCE sul terreno, assisteranno gli Stati partecipanti, su richiesta di questi ultimi, nell’elaborazione di una legislazione antidiscriminazione, nonché nella creazione di organi contro la discriminazione.
21. L’ACMN, nell’ambito del proprio mandato, continuerà a seguire gli sviluppi della legislazione antidiscriminazione e a fornire, come appropriato, consulenza e assistenza agli Stati partecipanti a tale riguardo.
22. Su richiesta, l ’ODIHR fornirà consulenza circa il modo in cui i meccanismi esistenti degli Stati partecipanti, quali uffici del difensore civico, commissioni per la lotta alla discriminazione, com- missioni disciplinari di polizia e altri organi pertinenti, possano attenuare le tensioni tra comu- nità Rom e Sinti e altre comunità.
23. Il Punto di contatto dell’ODIHR per le questioni relative ai Rom e ai Sinti (CPRSI) promuo- verà il miglioramento delle relazioni tra le organizzazioni non governative di Rom e Sinti (ONG) e gli Stati partecipanti.
24. L’ODIHR-CPRSI fungerà da centro di coordinamento per le iniziative intraprese dagli Stati partecipanti e agevolerà lo scambio di informazioni sulle migliori prassi.
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25. L’ODIHR-CPRSI, in stretta cooperazione con gli Stati partecipanti, le comunità Rom e Sinti e, ove possibile, con altre organizzazioni internazionali, e nel pieno rispetto delle norme sulla tutela dei dati personali, raccoglierà una documentazione allo scopo di sviluppare politiche mirate più precise.
Polizia
Azioni raccomandate agli Stati partecipanti:
26. sviluppare politiche che promuovano in seno alle istituzioni preposte all’applicazione della legge una maggiore conoscenza della situazione dei Rom e dei Sinti e che contrastino pregiudizi e stereotipi negativi.
27. Sviluppare programmi di formazione atti a prevenire l’uso eccessivo della forza e a promuo- vere la coscienza e il rispetto dei diritti dell’uomo.
28. Sviluppare politiche intese a: (1) migliorare le relazioni tra le comunità Rom e Sinti e la polizia, al fine di prevenire abusi e violenze di quest’ultima nei confronti delle popolazioni Rom e Sinti; e (2) accrescere la fiducia nella polizia da parte delle popolazioni Rom e Sinti.
29. Sviluppare politiche e procedure che garantiscano un’efficace risposta della polizia alla violenza a motivazione razziale contro le popolazioni Rom e Sinti.
30. Valutare le differenze esistenti tra gli standard internazionali in materia di polizia e le pratiche nazionali attualmente esistenti, in consultazione con le forze di polizia nazionali, le ONG e rap- presentanti delle comunità Rom e Sinti.
31. Elaborare, ove appropriato, e in stretta partnership con le organizzazioni internazionali e le ONG Rom, dichiarazioni di indirizzo politico, codici di condotta, manuali di regole pratiche e pro- grammi di formazione.
32. Incoraggiare i Rom e i Sinti a lavorare presso istituzioni di ordine pubblico quale mezzo soste- nibile per promuovere la tolleranza e la diversità.
Azioni raccomandate alle istituzioni e alle strutture d ell’OSCE:
33. l’Unità per le questioni strategiche di polizia presso il Segretariato e l ’ODIHR assisteranno gli Stati partecipanti nello sviluppo di programmi e di misure per il rafforzamento della fiducia, quali la polizia di prossimità, al fine di migliorare le relazioni tra i Rom e i Sinti e la polizia, in parti- colare a livello locale.
34. L’ODIHR-CPRSI e l’Unità per le questioni strategiche di polizia elaboreranno, nell’ambito dei rispettivi mandati, una raccolta di “migliori prassi” della polizia nella regione OSCE riguardanti le attività di polizia e le comunità di Rom e Sinti.
35. L’ACMN, l’ODIHR-CPRSI e l’Unità per le questioni strategiche di polizia presteranno assi- stenza agli Stati partecipanti nell’elaborazione di codici di condotta intesi a prevenire discrimina- zioni razziali e a migliorare le relazioni interetniche.
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Mass Media
Azioni raccomandate agli Stati partecipanti:
36. avviare campagne di informazione e di sensibilizzazione per combattere i pregiudizi e gli ste- reotipi negativi dei Rom e dei Sinti.
37. Al fine di favorire la libertà di espressione, incoraggiare la formazione di giornalisti Rom e Sinti e il loro impiego nei canali mediatici per facilitare un maggiore accesso ai media da parte dei Rom e dei Sinti.
38. Incoraggiare i media a rappresentare gli aspetti positivi e a presentare un’immagine equili- brata della vita dei Rom, ad evitare stereotipi delle popolazioni Rom e Sinti e a non alimentare la tensione tra i vari gruppi etnici. Organizzare tavole rotonde tra rappresentanti dei media e rap- presentanti dei Rom e dei Sinti allo scopo di promuovere tali obiettivi. Azioni raccomandate alle istituzioni e alle strutture d ell’OSCE:
39. in cooperazione con l ’ODIHR e con le competenti organizzazioni internazionali il Rappresen- tante per la libertà dei mezzi di informazione (RFOM) dovrebbe valutare il modo in cui l’OSCE può contribuire alla creazione di una Radio Europea Rom che trasmetta in tutta Europa. L’ODIHR e l ’RFOM dovrebbero organizzare dibattiti pubblici, campagne antidiscriminazione e programmi di formazione congiunti con e per i media.
40. L’RFOM dovrebbe considerare il modo per facilitare l’organizzazione di seminari di forma- zione a favore di giornalisti Rom.
41. L’ODIHR-CPRSI e il Rappresentante per la libertà dei mezzi di informazione organizzeranno tavole rotonde con la partecipazione di giornalisti sull’immagine che le comunità Rom e Sinti hanno nella società.
42. L’ACMN continuerà ad elaborare e a divulgare linee guida per i responsabili delle decisioni politiche sull’impiego dei mezzi radiotelevisivi statali nelle comunità multiculturali miranti, tra l’altro, a incoraggiare il sostegno offerto alle emittenti delle minoranze, incluse le emittenti dei Rom e dei Sinti, e a migliorare il loro accesso ai media.
IV. Affrontare le questioni socio-economiche
Occorre adottare iniziative intese a garantire alle popolazioni Rom e Sinti pari diritti sociali ed eco- nomici come agli altri membri della società. In modo particolare sono necessarie misure di base e più specificamente quelle proposte dagli stessi gruppi Rom, al fine di promuovere l’integrazione delle popolazioni Rom e Sinti nella vita sociale ed economica e di combattere il loro isolamento e la loro povertà. L’OSCE e i suoi Stati partecipanti dovrebbero continuare ad agevolare tale integrazione.
Alloggi e condizioni di vita
Azioni raccomandate agli Stati partecipanti:
43. mettere in atto meccanismi e procedure istituzionali intesi a chiarire la sussistenza di diritti di proprietà, a risolvere questioni relative alla proprietà e a regolarizzare lo status giuridico delle popolazioni Rom e Sinti che vivono in circostanze di incerta legalità (ad esempio quartieri Rom che non dispongono di diritti fondiari o che non sono inclusi nei piani urbanistici della comunità
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locale principale; famiglie e abitazioni prive dello status di residenza legale presso insediamenti in cui la popolazione ha vissuto di fatto per decenni).
44. Coinvolgere le popolazioni Rom e Sinti nell’elaborazione di politiche abitative, nonché in pro- getti di costruzione, ristrutturazione e/o manutenzione di alloggi pubblici a loro destinati. Assi- curare che i progetti di alloggi non favoriscano la segregazione etnica e/o razziale.
45. Valutare la possibilità di concedere crediti agli Stati partecipanti messi a disposizione da orga- nizzazioni internazionali e istituzioni finanziarie per la realizzazione di progetti di alloggi popolari.
46. Promuovere l’opzione di progetti di cooperative edilizie a favore delle comunità Rom e fornire appropriata formazione per la manutenzione di tali edifici. Azioni raccomandate alle istituzioni e alle strutture d ell’OSCE:
47. si incoraggia l ’ODIHR-CPRSI e l’Ufficio del Coordinatore delle attività economiche e ambien- tali d ell’OSCE (OCEEA) a svolgere un ruolo più incisivo nel facilitare il reperimento di informa- zioni relative a donatori stranieri e l’accesso alle risorse da questi messe a disposizione per specifici progetti, in particolare quelli proposti dai gruppi Rom e Sinti, che riguardano lo sviluppo sociale ed economico delle comunità Rom e Sinti. Disoccupazione e problemi economici
Azioni raccomandate agli Stati partecipanti:
48. promuovere un maggiore accesso di Rom e Sinti qualificati all’impiego pubblico.
49. Sviluppare programmi di formazione per preparare i gruppi sottorappresentati, quali I Rom e i Sinti, all’impiego nelle amministrazioni pubbliche locali nonché in altri settori, e sviluppare politiche intese ad incoraggiare l’assunzione come funzionari pubblici dei diplomati in base a tali programmi.
50. Riesaminare l’impatto dei programmi d’impiego sovvenzionati, dedicando particolare atten- zione alle componenti educative, per assicurare che queste ultime mirino ad accrescere la compe- titività dei Rom e dei Sinti sul mercato del lavoro.
51. Sviluppare politiche e programmi, inclusi programmi di formazione professionale, per miglio- rare le capacità lavorative e di impiego dei Rom e dei Sinti, in particolare dei giovani e delle donne.
52. Adottare politiche sociali che aumentino gli incentivi per la ricerca di un impiego, quale mezzo sostenibile per evitare la dipendenza dai sussidi sociali.
Azioni raccomandate alle istituzioni e alle strutture d ell’OSCE:
53. su richiesta degli Stati partecipanti l ’OCEEA, unitamente alle competenti organizzazioni inter- nazionali, contribuirà a sviluppare approcci destinati a superare gli ostacoli e la discriminazione che impediscono ai Rom e ai Sinti di realizzare il proprio potenziale nella sfera economica.
54. Su richiesta degli Stati partecipanti l ’ODIHR-CPRSI e l ’OCEEA presteranno sostegno allo svi- luppo dell’impiegabilità e delle capacità imprenditoriali delle popolazioni Rom e Sinti, mediante l’organizzazione di programmi di formazione e di aggiornamento professionale negli Stati parte- cipanti. Esperienze positive riguardanti in particolare lo sviluppo delle capacità imprenditoriali e delle piccole e medie imprese (PMI) (ad esempio il programma di seminari per giovani impren- ditori) potrebbero essere adattate alle necessità delle popolazioni Rom e Sinti. L’OCEEA potrebbe
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inoltre facilitare l’inserimento economico e sociale fungendo da catalizzatore del sostegno fornito da organizzazioni partner e istituzioni finanziarie attraverso programmi di microcredito, sotto forma di piccoli prestiti per la creazione di imprese di piccole dimensioni.
55. L’OCEEA, operando in stretto contatto e in cooperazione con altre organizzazioni interna- zionali, al fine di evitare sovrapposizioni, potrà prestare assistenza ai governi nella valutazione dell’impatto delle politiche e dei processi economici presso le comunità Rom e Sinti (sviluppando indicatori per l’efficacia/la valutazione dei risultati politici).
56. L’ODIHR-CPRSI e l’OCEEA si baseranno sulle ricerche svolte dall’UNDP e da altre agen- zie per valutare le necessità delle popolazioni Rom e Sinti allo scopo di promuovere politiche che tengano conto dell’entità e della natura dei loro specifici bisogni in ciascuno Stato partecipante.
57. In coordinazione con le competenti organizzazioni internazionali (in particolare l ’UNDP e la Banca Mondiale), l’ODIHR-CPRSI e l’OCEEA esamineranno metodi per stimolare un migliore accesso delle popolazioni Rom e Sinti a programmi regolari di formazione. Si potranno organizzare seminari o tavole rotonde secondo le necessità dei Rom e dei Sinti, al fine di informare e istruire i membri della comunità in merito ai diritti economici e sociali degli individui e degli imprenditori.
Assistenza sanitaria
Azioni raccomandate agli Stati partecipanti:
58. assicurare che i Rom e i Sinti abbiano accesso ai servizi sanitari su base non discriminatoria.
59. Sensibilizzare il personale sanitario circa le specifiche necessità della popolazione Rom e Sinti.
60. Affrontare il problema dell’elevata incidenza di malattie e di denutrizione fra le comunità Rom.
61. Incoraggiare l’accesso tempestivo dei Rom e dei Sinti ai servizi sanitari pubblici generali nel modo seguente:
(a) informando le popolazioni Rom e Sinti sulla disponibilità di tali servizi e sul modo di usufruirne;
(b) rafforzando la fiducia delle popolazioni Rom e Sinti nei confronti dei servizi sanitari pub- blici, anche attraverso sanzioni in caso di discriminazione diretta o indiretta subita dai Rom e dai Sinti; formazione di personale sanitario che comprenda gli aspetti importanti della cultura Rom, e sostegno a mediatori che possono svolgere un ruolo importante nel colmare le lacune esistenti tra comunità Rom e operatori dei servizi sanitari pubblici.
62. Prestare particolare attenzione alla salute delle donne e delle giovani, provvedendo tra l’altro a: (a) promuovere e/o sviluppare programmi destinati a fornire informazioni sull’assistenza sanita- ria (inclusa l’alimentazione, la cura del neonato e la violenza domestica, ecc.); (b) migliorare l’accesso alle cure ginecologiche, compresa l’assistenza prima della nascita, al momento del parto e dopo la nascita mediante, tra l’altro, la diffusione di informazioni e la formazione.
63. Dedicare speciale attenzione alla salute dei bambini Rom e Sinti, fornendo appropriate cure pediatriche tra cui misure preventive quali le vaccinazioni presso gli insediamenti Rom.
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Azioni raccomandate alle istituzioni e alle strutture d ell’OSCE:
64. l’ODIHR, in cooperazione con altre organizzazioni internazionali e ONG, si baserà sui dati di ricerca esistenti per individuare i fattori socio-economici, politici e culturali che hanno un impatto sulla situazione sanitaria di specifiche popolazioni Rom e Sinti e raccomanderà agli Stati partecipanti programmi sanitari pubblici che rispondano alle necessità individuate.
65. L’ODIHR-CPRSI e, ove appropriato, altre istituzioni e strutture d ell’OSCE, comprese le opera- zioni OSCE sul terreno, presteranno assistenza agli Stati partecipanti nell’avviare iniziative educa- tive destinate ad aiutare le popolazioni Rom e Sinti a utilizzare pienamente e regolarmente i servizi sanitari. Essi inoltre, raccoglieranno, elaboreranno e divulgheranno pertinenti informazioni sulle buone prassi in tale campo.
66. L’ODIHR-CPRSI si adopererà in modo particolare per assicurare l’accesso delle popolazioni Rom e Sinti ai programmi per la prevenzione e/o il trattamento dell’abuso di droga, della tossico- dipendenza, nonché d ell’AIDS e delle malattie connesse.
V. Migliorare l’accesso all’istruzione
L’istruzione è un presupposto della partecipazione dei Rom e dei Sinti alla vita politica, sociale ed economica dei loro rispettivi Paesi in posizione paritaria con gli altri abitanti. Sia gli organi decisionali sia le comunità Rom e Sinti dovrebbero attribuire massima priorità a misure efficaci e tempestive in tale campo, particolarmente a quelle volte a promuovere la frequenza scolastica e a combattere l’analfabetismo. Le politiche dell’istruzione dovrebbero mirare all’integrazione dei Rom e dei Sinti nel sistema d’istruzione regolare garantendo pieno e pari accesso a tutti i livelli e tenendo conto nel contempo delle differenze culturali.
Azioni raccomandate agli Stati partecipanti:
67. assicurare che la legislazione nazionale preveda disposizioni adeguate che vietino la segre- gazione e la discriminazione razziale nell’istruzione e fornisca misure efficaci per le violazioni di tale legislazione.
68. Consultare rappresentanti Rom e Sinti quando si elaborano politiche dell’istruzione che li riguardano.
69. Promuovere attivamente pari opportunità nel campo dell’istruzione per bambini Rom e Sinti, in particolare fornendo loro assistenza linguistica o di altro genere.
70. Adottare misure speciali volte a migliorare la qualità e l’efficacia dell’istruzione per bambini Rom e Sinti. Favorire una maggiore rappresentanza dei Rom e dei Sinti fra gli insegnanti scolastici.
71. Includere la storia e la cultura rom nei testi scolastici, tenendo in particolare considerazione l’esperienza dei Rom e dei Sinti durante l’Olocausto.
72. Considerare misure che assicurino il rispetto, la tutela e la promozione della lingua romanes e del suo insegnamento, nonché della cultura rom quale parte integrante dell’eredità culturale dei Rom e dei Sinti.
73. Elaborare e attuare programmi scolastici globali di desegregazione miranti a: (1) interrompere la prassi sistematica di assegnare i bambini Rom a scuole o classi speciali (ad esempio scuole per
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disabili mentali, scuole e classi separate per bambini Rom e Sinti); (2) trasferire i bambini Rom dalle scuole speciali alle scuole regolari.
74. Stanziare risorse finanziarie per il trasferimento dei bambini Rom al sistema d’istruzione rego- lare e per l’elaborazione di programmi scolastici di sostegno che facilitino tale passaggio.
75. Facilitare l’accesso dei bambini Rom al sistema educativo regolare adottando misure quali: (a) l’adozione di misure per eliminare manifestazioni di pregiudizio contro i Rom e i Sinti nelle scuole; (b) la formazione di educatori sull’educazione multiculturale e sui modi di gestire le classi etni- camente miste; (c) lo sviluppo di strategie per ottenere un più ampio sostegno della comunità a favore della dese- gregazione delle scuole; (d) la prestazione di sostegno per colmare il divario fra bambini Rom e Sinti e altri alunni, anche attraverso programmi prescolastici destinati a preparare i bambini Rom e Sinti alla scuola ele- mentare; (e) la prestazione di sostegno per incrementare il numero di mediatori/formatori e insegnanti appartenenti alle comunità Rom.
76. Sviluppare e attuare programmi contro il razzismo per le scuole e campagne contro il razzi- smo per i media.
77. Sviluppare politiche che affrontino l’intera gamma di fattori che contribuiscono alla scarsa frequenza scolastica dei bambini Rom e Sinti. Ciò comprende, fra l’altro, misure che consentano alle famiglie Rom e Sinti di disporre della documentazione necessaria per la registrazione come tutti gli altri cittadini.
78. Considerare l’elaborazione di programmi di sostegno sociale per famiglie Rom a basso red- dito con figli in età scolare.
79. Promuovere la regolare frequenza scolastica dei bambini Rom e Sinti, anche attraverso il coin- volgimento della famiglia e dei mediatori sociali, la promozione della coscienza nei genitori e negli anziani Rom e Sinti della propria responsabilità nel facilitare la frequenza scolastica dei bambini e, in particolare, il pari accesso all’istruzione per le bambine.
80. Prestare particolare attenzione a garantire alle bambine Rom e Sinti pari opportunità di inseri- mento educativo e sociale e sviluppare programmi per ridurre l’alto tasso di abbandono scolastico.
81. Considerare l’elaborazione di programmi appropriati per coloro che non hanno terminato la scuola elementare o sono analfabeti.
82. Elaborare, ove necessario, programmi di borse di studio per studenti Rom e favorire la loro maggiore partecipazione agli esistenti programmi di borse di studio.
83. Promuovere capacità informatiche fra i Rom e i Sinti attraverso la creazione di siti web infor- mativi.
84. Valutare periodicamente l’efficacia delle politiche dell’istruzione. Azioni raccomandate alle istituzioni e alle strutture d ell’OSCE:
222 85. L’ACMN incoraggerà gli Stati partecipanti a tener fede ai loro impegni intesi a fornire libero e pari accesso all’istruzione pubblica a tutti i membri della società e li incoraggerà a intraprendere iniziative per migliorare la situazione dei Rom e dei Sinti a tale riguardo.
86. L’ACMN continuerà a fornire consulenza sui modelli educativi, sui contenuti dei programmi e sull’insegnamento della o nella madrelingua, inclusa la lingua romanes.
VI. Rafforzare la partecipazione alla vita pubblica e politica
I Rom e i Sinti affrontano problemi particolari nel loro sforzo di partecipare alla vita pubblica e par- ticolarmente alla vita politica dei loro rispettivi Paesi. Il basso livello di istruzione e, in alcuni casi, la discriminazione di cui sono oggetto contribuiscono notevolmente alla scarsa rappresentatività dei Rom e dei Sinti a tutti i livelli di governo. I Rom e i Sinti hanno pari diritto di partecipare agli affari pubblici, il che implica il godimento del diritto di voto, il diritto di candidarsi alle elezioni, di partecipare agli affari pubblici e di costituire partiti politici senza discriminazioni. Si dovreb- bero incoraggiare gli sforzi compiuti negli anni recenti per promuovere la partecipazione politica dei Rom, particolarmente quelli che hanno avuto origine dagli stessi gruppi Rom.
Azioni raccomandate agli Stati partecipanti:
87. gli Stati partecipanti devono adoperarsi attivamente per assicurare che i Rom e i Sinti, come tutti gli altri cittadini, dispongano di tutti i documenti necessari, inclusi i certificati di nascita, i documenti di identità ed i certificati di assicurazione sanitaria. Nel risolvere i problemi relativi alla mancanza di documenti di base, gli Stati partecipanti sono vivamente invitati a collaborare con le organizzazioni civili dei Rom e dei Sinti. 88. Gli Stati partecipanti sono invitati a tenere conto delle seguenti condizioni di base per assicurare l’effettiva partecipazione dei Rom e dei Sinti alla vita pubblica e politica: • Coinvolgimento tempestivo: qualsiasi iniziativa relativa ai Rom e ai Sinti dovrebbe coinvolgerli sin dall’inizio nelle fasi di sviluppo, attuazione e valutazione; • Integrazione: i Rom e i Sinti dovrebbero essere inclusi nei processi consultivi ufficiali e l’efficacia dei meccanismi stabiliti per la loro partecipazione allo sviluppo di importanti iniziative politiche dovrebbe essere garantita tramite il loro coinvolgimento in un ampio processo rappresentativo; • Trasparenza: programmi e proposte dovrebbero essere diffusi con sufficiente anticipo rispetto ai termini di adozione delle decisioni al fine di tenere conto di valide analisi e contributi dei rap- presentanti delle comunità Rom e Sinti; • Partecipazione significativa dei Rom e dei Sinti a tutti i livelli di governo: la partecipazione dei Rom e dei Sinti al governo locale è essenziale per l’efficace attuazione delle politiche che li riguardano; • Partecipazione: i Rom e i Sinti svolgono un ruolo essenziale e insostituibile nell’assicurare il rispetto effettivo del diritto di partecipazione al processo politico.
89. I funzionari eletti dovrebbero instaurare strette relazioni di lavoro con le comunità Rom e Sinti.
90. Stabilire meccanismi per assicurare una comunicazione paritaria, diretta e aperta fra i rappre- sentanti dei Rom e dei Sinti e le autorità di governo, inclusi gli organi consultivi.
91. Facilitare l’interazione fra i leader politici a livello locale e nazionale e i diversi gruppi Rom.
92. Organizzare campagne di sensibilizzazione elettorale al fine di accrescere la partecipazione dell’elettorato Rom alle elezioni.
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93. Assicurare che gli elettori Rom possano fare scelte libere e consapevoli.
94. Adottare misure che garantiscano pari diritti di voto alle donne, anche facendo rispettare il divieto del cosiddetto “voto familiare”.
95. Incoraggiare i Rom e Sinti ad impegnarsi più attivamente nel servizio pubblico, se necessario anche attraverso l’introduzione di misure speciali che promuovano la loro presenza nell’ammi- nistrazione pubblica.
96. Incoraggiare la rappresentanza dei Rom e dei Sinti in cariche elettive e di nomina a tutti i livelli di governo.
97. Conferire poteri ai Rom e ai Sinti nei processi decisionali statali e locali in qualità di rappre- sentanti eletti delle loro comunità e come cittadini dei loro rispettivi Paesi.
98. Promuovere la partecipazione delle donne Rom alla vita pubblica e politica; le donne Rom dovrebbero avere la possibilità di partecipare, su una base di uguaglianza rispetto agli uomini, ai meccanismi consultivi e di altro tipo destinati ad accrescere l’accesso a tutte le aree della vita pub- blica e politica. Azioni raccomandate alle istituzioni e alle strutture d ell’OSCE:
99. l ’ODIHR e, ove appropriato, le istituzioni e le strutture dell’OSCE, incluse le operazioni OSCE sul terreno, elaboreranno programmi volti a promuovere la registrazione necessaria per la piena partecipazione politica.
100. L’ODIHR-CPRSI dovrebbe contribuire ad organizzare corsi di formazione per le ONG Rom e presso queste, incluse organizzazioni mediatiche, a favore di più ampie comunità di Rom sulle questioni concernenti i processi democratici e la partecipazione.
101. L’ODIHR e, ove appropriato, le istituzioni e strutture d ell’OSCE, incluse le operazioni OSCE sul terreno, elaboreranno e attueranno programmi di educazione e registrazione degli elettori.
102. L’ODIHR fungerà da catalizzatore per scambi di informazioni e delle migliori prassi fra gli Stati partecipanti e le altre organizzazioni internazionali.
103. L’ODIHR continuerà e rafforzerà la prassi di valutare la partecipazione dei Rom alle procedure di votazione ed elettorali, e proseguirà la prassi di includere esperti Rom e Sinti nelle sue missioni di osservazione elettorale nell’area d ell’OSCE.
104. L’ACMN, nell’ambito del suo mandato, continuerà a fornire consulenza agli Stati su mezzi e modi appropriati che facilitino la partecipazione dei Rom e dei Sinti in tutti i settori della vita pubblica.
105. L’ODIHR-CPRSI e, ove appropriato, altre istituzioni e strutture dell’OSCE, incluse le opera- zioni OSCE sul terreno, elaboreranno programmi volti a incoraggiare i rappresentanti Rom e Sinti a candidarsi per gli organi elettivi o individueranno valide soluzioni che garantiscano la parteci- pazione dei rappresentanti Rom e Sinti ai processi decisionali nazionali e locali.
106. L’ODIHR dedicherà particolare attenzione alle attività volte ad accrescere l’accesso delle donne Rom a tutte le aree della vita pubblica a politica.
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VII. Rom e Sinti in situazioni di crisi e successive alle crisi
Gli Stati partecipanti hanno l’obbligo di assicurare che, anche in situazioni di crisi e successive alle crisi, siano tutelati senza discriminazione tutti i diritti fondamentali, inclusi i diritti dei rifugiati sanciti da pertinenti strumenti internazionali, in particolare dalla Convenzione relativa allo sta- tus dei rifugiati del 1951 e dal relativo Protocollo del 1967. Essi terranno conto dei Principi guida delle Nazioni Unite sugli sfollamenti interni come utile quadro per l’attività d ell’OSCE e dei suoi sforzi volti ad affrontare il problema degli sfollati.
Azioni raccomandate agli Stati partecipanti:
107. consultare le popolazioni Rom e Sinti al momento di definire situazioni di crisi per facilitare procedure adeguate e individuare aree geografiche specifiche dalle quali i rifugiati e gli sfollati interni fuggono, nonché assicurare che sia affrontata la situazione specifica dei Rom e dei Sinti.
108. Assicurare che le popolazioni Rom e Sinti in situazioni di sfollamento forzato [rifugiati e sfol- lati (IDP)] siano debitamente registrate e che siano loro forniti i documenti pertinenti. 109. Gli Stati partecipanti dovrebbero assicurare l’attuazione di programmi idonei a promuovere una deci- sione consapevole dei rifugiati e degli sfollati Rom e Sinti riguardo a soluzioni durature per le loro situazioni, incluso l’esercizio del loro diritto ad un ritorno sicuro, decoroso e sostenibile. Tali pro- grammi dovrebbero fornire informazioni concrete su ciascun motivo di apprensione per i rifu- giati e gli sfollati e dovrebbero essere disponibili nelle loro lingue.
110. Assicurare che i rifugiati Rom e Sinti siano trattati secondo le pertinenti norme e standard internazionali in materia di tutela e in modo non discriminatorio.
111. Avvalersi del ruolo dell’ODIHR nella prevenzione dei conflitti e nell’individuazione delle aree di intervento tempestivo, e attingere dall’esperienza d ell’ACMN dell’OSCE al riguardo.
112. Prestare particolare attenzione alle necessità delle donne e dei bambini Rom e Sinti in situa- zioni di crisi e successive alle crisi, in particolare fornendo loro l’accesso alle cure sanitarie, agli alloggi e alle scuole.
Azioni raccomandate alle istituzioni e alle strutture d ell’OSCE:
113. l’ODIHR si avvarrà del suo ruolo specifico per affrontare la prevenzione dei conflitti e indi- viduare le aree di crisi potenziale che richiedono un intervento tempestivo.
114. Conformemente al suo mandato, l ’ODIHR-CPRSI è chiamato a reagire con efficacia a situa- zioni di crisi anche attraverso la cooperazione con governi, organi intergovernativi e organizza- zioni internazionali pertinenti, in particolare con l’UNHCR, al fine di garantire la tutela delle comunità Rom a rischio.
115. L’ODIHR-CPRSI sensibilizzerà i pubblici ufficiali, i giornalisti e altri attori sulla situazione dei Rom e dei Sinti in aree di crisi e di conflitto. 116. L’ODIHR assumerà un ruolo attivo nell’ana- lizzare le misure intraprese dagli Stati partecipanti relative ai Rom e ai Sinti e presterà consulenza al fine di affrontare più efficacemente i motivi di tensione in contesti locali particolari che potreb- bero sfociare, se non affrontati, in situazioni di conflitto aperto.
117. L’ACMN continuerà ad esercitare il suo mandato sulla prevenzione dei conflitti quanto più possibile nella fase iniziale.
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VIII. Potenziare la cooperazione e il coordinamento con altre organizzazioni internazionali e ONG
Considerata la crescente attenzione rivolta alle questioni concernenti i Rom e i Sinti da parte di numerose organizzazioni internazionali, sono richiesti coordinamento e cooperazione al fine di evitare la duplicazione degli sforzi. Al fine di assicurare un’attuazione efficace del Piano d’a- zione, l ’OSCE, e in particolare l ’ODIHR, coopereranno strettamente con le organizzazioni inter- nazionali e le organizzazioni non governative.
118. L’ODIHR-CPRSI continuerà a partecipare attivamente al Gruppo di contatto informale sui Rom delle organizzazioni intergovernative*.
119. Il rafforzamento e il potenziamento di tale organo informale sarà concordato e attuato in cooperazione con tutti i pertinenti partner, in particolare assicurando l’inclusione di rappresen- tanti degli Stati partecipanti a ll’OSCE. Al fine di conseguire tale obiettivo si prevedranno riunioni regolari del Gruppo di contatto informale a livello di esperti o ad un livello più elevato qualora lo si ritenga necessario.
120. Il Gruppo di contatto informale dovrebbe stabilire orientamenti e priorità comuni nonché un miglior coordinamento e una migliore cooperazione al fine di evitare la duplicazione degli sforzi.
121. L’ODIHR-CPRSI cercherà di consolidare il “Gruppo di contatto internazionale per i Rom”† e contribuirà ulteriormente all’iniziativa del Consiglio d’Europa per un possibile Foro europeo per i Rom e i nomadi.
122. L’ODIHR-CPRSI fornirà informazioni e servizi di coordinamento a competenti istituzioni nazionali e internazionali e faciliterà il dialogo tra tali istituzioni e le ONG Rom.
123. L’ODIHR-CPRSI cercherà di sviluppare relazioni con organizzazioni Rom e Sinti e le aiuterà a coordinare i loro sforzi e le loro risorse sia all’interno di singoli stati sia oltre i confini, nonché ad avvalersi pienamente delle opportunità fornite da politiche nazionali e internazionali concer- nenti Rom e Sinti.
124. L’ODIHR-CPRSI si avvarrà dell’esperienza e del contributo degli esistenti progetti di moni- toraggio elaborati da altre organizzazioni internazionali.
IX. Punto di contatto d ell’ODIHR per le questioni relative ai Rom e ai Sinti
125. Ove necessario, l’ODIHR-CPRSI faciliterà lo scambio di informazioni fra gli Stati parteci- panti a ll’OSCE che hanno sviluppato o stanno cercando di migliorare le politiche nazionali rela- tive ai Rom e ai Sinti.
126. Su richiesta, l’ODIHR-CPRSI fornirà consulenza agli Stati partecipanti su future politiche relative ai Rom e ai Sinti e stimolerà dibattiti fra i governi e le ONG Rom.
* Il Gruppo di contatto informale sui Rom delle organizzazioni intergovernative è composto da rappresentanti dell’OSCE/ODIHR, del Consiglio d’Europa, della Commissione Europea e dell’Unione Europea. † Il Gruppo di contatto internazionale per i Rom è stato istituito nell’ottobre 2000 su iniziativa del Punto di con- tatto d ell’ODIHR per le questioni relative ai Rom e i Sinti. Il Gruppo di contatto comprende rappresentanti dell’Unione internazionale dei Rom, del Congresso nazionale dei Rom, rappresentanti eletti Rom, esperti Rom e l ’ODIHR-CPRSI.
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127. L’ODIHR-CPRSI sosterrà il rafforzamento delle capacità delle ONG Rom e Sinti.
128. L’ODIHR-CPRSI creerà una banca dati delle migliori prassi negli Stati partecipanti a ll’OSCE.
129. L’ODIHR-CPRSI dovrebbe assumere un ruolo dinamico nell’analizzare le misure adottate dagli Stati partecipanti nonché in situazioni ed episodi particolari relativi ai Rom e ai Sinti. A tal fine il CPRSI stabilirà e svilupperà contatti diretti con gli Stati partecipanti e fornirà loro consu- lenza e pareri.
130. I governi interessati coopereranno con l’ODIHR-CPRSI nell’individuare soluzioni efficaci per situazioni di crisi.
131. L’ODIHR-CPRSI fornirà alle comunità Rom e Sinti maggiori informazioni sulle risorse e le attività dell’OSCE.
132. In cooperazione con le pertinenti istituzioni e strutture d ell’OSCE, l ’ODIHR elaborerà un’a- zione appropriata volta ad affrontare le cause profonde della tratta di esseri umani, specialmente di bambini, e a sensibilizzare le comunità Rom e Sinti sulle conseguenze di tale fenomeno.
X. Attuazione: esame e valutazione
133. L’attuazione delle disposizioni del Piano d’azione sarà esaminata in seno alle Riunioni di attua- zione nel quadro della dimensione umana, alle Conferenze di riesame e ad altri eventi pertinenti nel quadro della dimensione umana.
134. Basandosi sugli esiti delle riunioni summenzionate, nonché sul contributo del consolidato Gruppo di contatto informale sui Rom delle Organizzazioni intergovernative e del Gruppo di con- tatto internazionale per i Rom, il Direttore dell’ODIHR riferirà al Consiglio Permanente, che potrà raccomandare agli Stati partecipanti e alle istituzioni d ell’OSCE priorità di cooperazione e coor- dinamento.
135. Il Consiglio Permanente organizzerà periodicamente riunioni informative informali presso il Punto di contatto per le questioni relative ai Rom e ai Sinti relativamente ai campi trattati nel presente Piano d’azione al fine di valutare l’impatto a livello nazionale e locale delle misure da esso previste.
136. Al fine di facilitare l’attuazione del processo di esame, gli Stati partecipanti a ll’OSCE sono invitati a fornire informazioni sugli sviluppi recenti della situazione relativa ai Rom e ai Sinti e/o misure ispirate dal presente Piano d’azione in seno alle Riunioni di attuazione nel quadro della dimensione umana, prima delle Conferenze di riesame, e al Consiglio Permanente, ove appropriato.
137. Tutte le istituzioni e le strutture d ell’OSCE pertinenti, incluse le operazioni OSCE sul terreno, continueranno a interagire strettamente con gli Stati partecipanti al fine di assisterli nell’attua- zione del Piano d’azione.
138. L’ODIHR-CPRSI diffonderà informazioni sul presente Piano d’azione presso le comunità e le organizzazioni Rom e Sinti nonché presso altre organizzazioni internazionali.
139. Al fine di consentire a ll’ODIHR-CPRSI di svolgere i compiti affidatigli nel presente Piano d’azione, il Consiglio Permanente d ell’OSCE si adopererà per fornire adeguate risorse umane
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e finanziarie. I dettagli saranno elaborati dal Comitato consultivo per la gestione e le finanze e saranno presentati al Consiglio Permanente.
Decisione N.4/03
Tolleranza e non discriminazione
Il Consiglio dei Ministri,
riconoscendo che il rispetto dei diritti dell’uomo e delle libertà fondamentali, della democrazia e dello stato di diritto sono al centro del concetto globale di sicurezza d ell’OSCE,
richiamando i suoi impegni nel campo della dimensione umana, sanciti dall’Atto finale di Hel- sinki, dalla Carta di Parigi per una nuova Europa, dalla Carta per la sicurezza europea (Vertice di Istanbul, 1999) e in tutti gli altri pertinenti documenti e decisioni d ell’OSCE,
richiamando la Decisione N.6 sulla tolleranza e sulla non discriminazione, adottata nel corso della Decima Riunione del Consiglio dei ministri di Porto il 7 dicembre 2002,
riaffermando il suo impegno di promuovere la tolleranza e di combattere la discriminazione, e le sue preoccupazioni riguardo a qualsiasi manifestazione di nazionalismo aggressivo, razzi- smo, sciovinismo, xenofobia, antisemitismo e estremismo violento in tutti gli Stati partecipanti, nonché la discriminazione anche in base alla razza, al colore, al sesso, alla lingua, alla religione o al credo, all’opinione politica o di altro tipo, all’origine nazionale o sociale, alla proprietà, alla nascita o ad altro stato,
sollecitando le competenti autorità di tutti gli Stati partecipanti a continuare a condannare pub- blicamente, al livello e nel modo appropriato, atti di violenza motivati dalla discriminazione e dall’intolleranza,
affermando l’impegno ad intensificare i propri sforzi per la promozione della tolleranza e della non discriminazione in tutti i campi,
apprezzando il lavoro svolto d all’OSCE nel 2003,
1. si impegna a promuovere l’attuazione del Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area d ell’OSCE;
2. decide di potenziare le iniziative in corso volte ad accrescere la partecipazione e il ruolo delle donne nella promozione della democratizzazione e dello sviluppo economico, e a favorire l’inte- grazione delle disposizioni del Piano d’azione dell’OSCE per le pari opportunità nelle politiche nazionali, ove applicabile. Decide inoltre di potenziare i suoi sforzi intesi a raggiungere nell’am- bito d ell’OSCE un equilibrio tra i sessi a tutti i livelli, tenendo pienamente conto a tale riguardo del principio di assumere personale proveniente da tutti gli Stati partecipanti su una base di equità. Ribadisce che l ’OSCE incoraggia le donne a candidarsi per i posti presso l’Organizzazione;
3. decide di proseguire il lavoro iniziato alla Conferenza dell’OSCE sull’antisemitismo tenuta a Vienna il 19 e 20 giugno 2003 e accoglie con favore la proposta della Germania di ospitare una seconda conferenza OSCE su tale tema a Berlino il 28 e 29 aprile 2004;
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4. decide di proseguire il lavoro iniziato alla Conferenza dell’OSCE sul razzismo, la xenofobia e la discriminazione, tenuta a Vienna il 4 e 5 settembre 2003, e accoglie con favore la proposta del Bel- gio di ospitare un seconda conferenza OSCE su tali temi a Bruxelles nell’autunno 2004;
5. incarica il Consiglio Permanente di discutere ulteriormente, in aggiunta ai lavori delle due con- ferenze summenzionate, modi e mezzi per potenziare gli sforzi dell’OSCE e degli Stati partecipanti per la promozione della tolleranza e della non discriminazione in tutti i campi;
6. incoraggia tutti gli Stati partecipanti a raccogliere e a registrare informazioni e statistiche atten- dibili sui crimini e sulle altre manifestazioni di violenza motivate da razzismo, xenofobia, discrimi- nazione e antisemitismo come è stato discusso e raccomandato nelle conferenze summenzionate. Riconoscendo l’importanza di una legislazione destinata a combattere tali crimini, gli Stati par- tecipanti informeranno l’ODIHR circa la legislazione esistente in materia di crimini alimentati dall’intolleranza e dalla discriminazione e, ove appropriato, ricorreranno all’assistenza dell’ODIHR nell’elaborazione e nel riesame di tale legislazione;
7. incarica l ’ODIHR, in piena cooperazione anche con il Comitato delle Nazioni Unite per l’elimi- nazione della discriminazione razziale (UNCERD), con la Commissione europea contro il razzismo e l’intolleranza (ECRI) e con l’Osservatorio europeo dei fenomeni di razzismo e xenofobia (EUMC), nonché con le competenti ONG di fungere da punto di raccolta delle informazioni e delle stati- stiche ottenute dagli Stati partecipanti e di riferire regolarmente in merito a tali questioni, anche attraverso la Riunione di attuazione nel quadro della dimensione umana, quale base per determi- nare le priorità di futuri lavori. L’ODIHR promuoverà inoltre le migliori prassi e divulgherà gli insegnamenti appresi nella lotta contro l’intolleranza e la discriminazione;
8. riconosce la necessità di combattere i crimini che possano essere alimentati da una propaganda razzista, xenofoba e antisemita in Internet. Accogliamo con favore la proposta della Francia di ospi- tare a Parigi nel 2004 un evento con implicazioni future sul rapporto tra propaganda in Internet e tali crimini, nel pieno rispetto dei diritti alla libertà di informazione e di espressione;
9. afferma l’importanza della libertà di pensiero, coscienza, religione o credo e condanna ogni forma di discriminazione e violenza, compresa quella nei confronti di gruppi religiosi o di sin- goli credenti. Si impegna a garantire e a facilitare l’esercizio della libertà dei singoli di professare e praticare una religione o un credo, individualmente o assieme ad altri, ove necessario attraverso leggi, regolamenti, prassi e procedure trasparenti e non discriminatorie. Incoraggia gli Stati par- tecipanti a richiedere l’assistenza d ell’ODIHR e del suo Gruppo di esperti sulla libertà di religione o di credo. Sottolinea l’importanza di un continuo e più efficace dialogo interreligioso e intercul- turale inteso a promuovere maggiore tolleranza, rispetto e comprensione reciproca;
10. assicura di adoperarsi per far avanzare l’attuazione degli impegni OSCE relativi alle mino- ranze nazionali e riconosce l’importanza delle raccomandazioni formulate dall’Alto Commissa- rio per le minoranze nazionali in merito all’istruzione, alla partecipazione pubblica, alla lingua, compreso l’uso di questa da parte delle emittenti radiotelevisive, e delle pertinenti raccomanda- zioni del Rappresentante per la libertà dei mezzi di informazione a tale riguardo;
11. si impegna a combattere la discriminazione nei confronti dei lavoratori migranti. Si impegna inoltre a facilitare l’integrazione dei lavoratori migranti nelle società in cui essi risiedono legal- mente e invita l ’ODIHR a potenziare le proprie attività a tale riguardo;
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12. si impegna, in tale contesto, fatti salvi la legislazione nazionale e gli impegni internazionali, a combattere la discriminazione, laddove esista, contro i richiedenti asilo e i rifugiati e invita l ’ODIHR a potenziare le proprie attività a tale riguardo;
13. prende atto dei Principi guida delle Nazioni Unite sullo sfollamento, quale utile cornice per i lavori d ell’OSCE e per le iniziative degli Stati partecipanti in merito agli sfollati;
14. decide che, nell’affrontare le questioni contenute nel presente documento, l ’OSCE incrementi i suoi sforzi a favore delle giovani generazioni al fine di renderle consapevoli della necessità di tol- leranza. L’insegnamento dei diritti dell’uomo merita particolare attenzione;
15. decide di intensificare la cooperazione dell’OSCE con le competenti organizzazioni interna- zionali quali le Nazioni Unite, il Consiglio d’Europa e l’Unione Europea, nonché con la società civile e le pertinenti organizzazioni non governative al fine di promuovere la tolleranza e la non discriminazione;
16. incarica il Consiglio Permanente, l ’ODIHR, l ’HCNM e il RFOM, in stretta cooperazione con il Presidente in esercizio, di assicurare che venga dato seguito efficacemente alle pertinenti dispo- sizioni della presente decisione e chiede al Consiglio Permanente di occuparsi delle modalità ope- rative e finanziarie relative alla sua attuazione.
Decisione N.5/03
Elezioni
Il Consiglio dei Ministri, riaffermando le disposizioni del Documento della Riunione di Copena- ghen della Conferenza sulla Dimensione umana della CSCE (1990),
rilevando che pertinenti disposizioni della Dichiarazione del Vertice di Lisbona (1996) e della Dichiarazione del Vertice di Istanbul (1999) hanno integrato tali impegni,
riaffermando la sua determinazione ad attuare tali impegni,
richiamando la decisione N.7 adottata alla Decima Riunione del Consiglio dei ministri d ell’OSCE di Porto nel 2002,
riconoscendo che elezioni democratiche possono essere tenute nel contesto di una molteplicità di sistemi e leggi elettorali differenti,
riconoscendo l’esperienza d ell’ODIHR nel prestare assistenza agli Stati partecipanti per l’attua- zione di impegni e standard in materia di elezioni,
apprezzando la continua ed efficace cooperazione tra l’ODIHR e l’Assemblea Parlamentare dell’OSCE nel monitoraggio elettorale,
Accogliendo con favore il documento “Impegni esistenti per le elezioni democratiche negli Stati partecipanti a ll’OSCE: un rapporto interinale” (ODIHR.GAL/39/03), elaborato d all’ODIHR e pre- sentato agli Stati partecipanti nel giugno di quest’anno,
riconoscendo in particolare la necessità che l’elettorato nutra fiducia nell’intero processo, nonché la necessità di trasparenza nelle procedure elettorali e di responsabilità personale da parte delle
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autorità che svolgono le elezioni, invita gli Stati partecipanti ad intensificare ulteriormente la loro cooperazione con l ’ODIHR in tale campo,
incarica l ’ODIHR di valutare i metodi per migliorare l’efficacia della sua assistenza agli Stati par- tecipanti nel dare seguito alle raccomandazioni contenute nei rapporti di osservazione elettorale dell’ODIHR e di informare il Consiglio Permanente sui progressi compiuti nell’adempimento di tale incarico;
incarica il Consiglio Permanente, basandosi sull’esperienza d ell’ODIHR, di valutare la necessità di prevedere impegni supplementari in materia di elezioni, che integrino quelli esistenti, e di rife- rire in merito al prossimo Consiglio dei Ministri.
Decisione N.6/03
Mandato della rete antiterrorismo dell’OSCE
Il Consiglio dei Ministri,
riconoscendo la necessità di potenziare il coordinamento delle misure antiterrorismo, nonché dello scambio di informazioni tra gli Stati partecipanti a ll’OSCE e nell’ambito delle loro capitali,
richiamando la Decisione N.1 (MC(10).DEC/1 del 7 dicembre 2002) della Decima Riunione del Con- siglio dei ministri sull’attuazione degli impegni e delle attività d ell’OSCE per la lotta al terrorismo,
decide di istituire una Rete antiterrorismo dell’OSCE (CTN) conformemente al mandato della Rete contenuto in annesso alla presente Decisione.
Annesso alla Decisione N.6/03
Mandato della rete antiterrorismo dell’OSCE
Obiettivo principale della rete antiterrorismo dell’OSCE è promuovere il migliore coordinamento delle misure antiterrorismo e dello scambio di informazioni tra gli Stati partecipanti a ll’OSCE. In particolare essa mira a rafforzare i collegamenti tra le delegazioni degli Stati partecipanti, i fun- zionari dell’antiterrorismo nelle capitali e l’Unità OSCE di azione contro il Terrorismo (ATU).* La Rete facilita il tempestivo scambio di informazioni su programmi, formazione e sviluppi legali in materia di antiterrorismo avviati d all’OSCE e dagli Stati partecipanti, nonché su analisi non riservate relative alle tendenze del fenomeno terroristico. L’accento principale verrà posto sulle atti- vità volte a sostenere e integrare i lavori della Commissione antiterrorismo del Consiglio di Sicu- rezza delle Nazioni Unite nell’attuazione della risoluzione 1373 del Consiglio di Sicurezza. Il CTN non intende essere un canale di informazioni segrete o riservate, né intende duplicare le funzioni di altre reti internazionali e regionali degli organi di polizia.
* La Commissione antiterrorismo delle Nazioni Unite (CTC) ha appoggiato lo sviluppo di tali reti regionali intese a rafforzare la cooperazione e il coordinamento. Il Segretariato del Comitato interamericano contro il terro- rismo (CICTE), in seno all’Organizzazione degli Stati Americani ha già sviluppato una rete regionale di punti di contatto nazionali. L’ATU è riconoscente al CICTE per l’apprezzata consulenza e assistenza nello sviluppo della Rete antiterrorismo dell’OSCE.
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Responsabilità dell’ATU
1. Informare gli Stati partecipanti sulle opportunità di formazione bilaterali e multilaterali relative alle questioni antiterrorismo e collaborare con gli uffici principali di collegamento al fine di trarre pienamente vantaggio da tali programmi.
2. Coordinare e facilitare le attività antiterrorismo d ell’OSCE, compresi i programmi di assistenza al potenziamento delle capacità, la formazione e i seminari sullo stato di preparazione in caso di emergenza, allo scopo di utilizzare efficacemente le risorse e di evitare duplicazioni.
3. Rispondere tempestivamente a richieste di informazioni e di azione da parte degli uffici prin- cipali di collegamento.
4. Assicurare che, tramite le delegazioni, gli uffici principali di collegamento siano tenuti piena- mente al corrente degli sviluppi relativi a importanti questioni antiterrorismo che riguardano la regione OSCE mediante il regolare invio per e-mail di un bollettino dell’ATU e l’aggiornamento regolare della pagina web d ell’OSCE ATU.
5. Coordinarsi con l’ufficio principale di collegamento, tramite la delegazione interessata, qua- lora un funzionario OSCE ATU si rechi in missione in uno Stato partecipante per questioni con- nesse al terrorismo.
Responsabilità degli uffici principali di collegamento
1. Assicurare che le comunicazioni dell’ATU pervengano ai competenti uffici governativi e che le risposte dirette a ll’ATU vengano inviate tempestivamente.
2. Fornire a ll’ATU informazioni sui rilevanti sviluppi nazionali concernenti iniziative di lotta al terrorismo, incluse nuove norme antiterrorismo*, addestramento antiterrorismo o programmi di assistenza ed esempi di “migliori prassi” nazionali.
3. Comunicare informazioni su seminari, incontri e conferenze che trattano le preoccupazioni con- nesse all’antiterrorismo, organizzate dagli Stati partecipanti e aperti alla partecipazione esterna.
4. Fungere da principale coordinatore di seminari, incontri e conferenze sull’antiterrorismo che riguardino lo Stato partecipante dell’ufficio principale di collegamento in questione.
5. Coordinare, elencare in ordine di priorità e comunicare, a nome dello Stato partecipante inte- ressato, le necessità di formazione e di assistenza, nonché le richieste in materia di antiterrorismo che l ’OSCE potrebbe sostenere o agevolare.
Mezzi di comunicazione e sostegno
L’ATU si servirà, ove possibile e appropriato, di tecnologie basate su Internet per comunicare con gli uffici principali di collegamento e con altri uffici collegati al CTN, utilizzando l’e-mail come stru- mento abituale. Tuttavia gli uffici principali di collegamento sono incoraggiati a consultare rego- larmente i siti web d ell’OSCE e del CTC. Se necessario l ’ATU raccomanderà agli Stati partecipanti, previa autorizzazione del Consiglio Permanente e disponibilità di fondi, di tenere riunioni degli
* Per precise informazioni sulle ratifiche l ’OSCE ATU si basa sulle notifiche ufficiali di ratifica reperibili sui siti web dei relativi depositari di strumenti antiterrorismo.
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uffici principali di collegamento, in margine ad altre riunioni annuali d ell’OSCE, quali la Confe- renza annuale di riesame sulla sicurezza, o come evento separato. Per dare sostegno allo sviluppo e al funzionamento del CTN, nel 2004 verrà assegnato al personale dell’ATU un funzionario sup- plementare di grado P-1.
233 Documento della Dodicesima Riunione del Consiglio dei Ministri Sofia 2004
I. Dichiarazione del Consiglio dei ministri di Sofia sulla prevenzione e la lotta al terrorismo
1. Noi, membri del Consiglio dei ministri d ell’OSCE, riuniti a Sofia, esprimiamo la nostra risoluta e incondizionata condanna degli atti terroristici, in particolare quelli commessi nel 2004 in Spa- gna, in Uzbekistan, in Turchia e in Russia, dove nella città di Beslan terroristi hanno brutalmente e spietatamente ucciso bambini innocenti e indifesi. Siamo addolorati per la perdita di centinaia di vite umane ed esprimiamo la nostra profonda solidarietà alle vittime degli atti di terrorismo e alle loro famiglie. Tali atti hanno messo in chiara evidenza la natura disumana del terrorismo. Esprimiamo solidarietà anche agli Stati non partecipanti alla nostra Organizzazione che hanno subito attacchi da parte di terroristi.
Ribadendo che il terrorismo rappresenta una delle più gravi minacce alla pace e alla sicurezza e considerando che gli atti terroristici pregiudicano gravemente il godimento dei diritti dell’uomo, riaffermiamo il nostro impegno a tutelare i diritti dell’uomo e le libertà fondamentali, in partico- lare il diritto alla vita, di ciascun individuo nell’ambito della nostra giurisdizione contro gli atti terroristici. Ribadiamo nuovamente la nostra determinazione a combattere il terrorismo in tutte le sue forme e manifestazioni quale crimine che non ha giustificazioni, qualunque ne sia la motiva- zione o l’origine, nonché a condurre tale lotta nel rispetto dello stato di diritto e conformemente ai nostri obblighi ai sensi del diritto internazionale, in particolare del diritto internazionale in mate- ria di diritti dell’uomo, dei rifugiati e del diritto umanitario.
2. Sottolineiamo il ruolo guida delle Nazioni Unite nella lotta globale al terrorismo. Riaffermiamo gli obblighi e gli impegni assunti dai nostri Stati nel campo della lotta al terrorismo in seno alle Nazioni Unite, ivi incluse le risoluzioni 1267 (1999), 1373 (2001), 1456 (2003), 1535 (2004), 1540 (2004) e 1566 (2004) del Consiglio di Sicurezza delle Nazioni Unite, nonché la risoluzione 58/187 dell’Assemblea generale delle Nazioni Unite, e appoggiamo la risoluzione 2004/87 della Commis- sione delle Nazioni Unite per i diritti dell’uomo.
Riaffermiamo inoltre gli obblighi e gli impegni assunti nel quadro delle altre organizzazioni inter- nazionali di cui siamo membri.
Accogliamo con favore l’importanza che la risoluzione 1566 (2004) del Consiglio di Sicurezza delle Nazioni Unite attribuisce al ruolo delle pertinenti organizzazioni internazionali, regionali e subre- gionali nel rafforzare la cooperazione internazionale nel campo della lotta al terrorismo e l’invito ad intensificare l’interazione con le Nazioni Unite.
Sottolineiamo la nostra determinazione a sostenere i significativi sforzi del Comitato per l’antiter- rorismo del Consiglio di Sicurezza delle Nazioni Unite e della sua Direzione esecutiva. Ci impe- gniamo ad osservare i più elevati standard di applicazione delle 12 convenzioni e protocolli delle
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Nazioni Unite in materia di terrorismo. Rinnoviamo, inoltre, il nostro invito a cooperare con celerità per la soluzione di tutte le questioni pendenti, al fine di adottare per consenso il progetto di convenzione globale sul terrorismo internazionale e il progetto di convenzione internazionale per l’eliminazione degli atti di terrorismo nucleare.
Confermiamo l’impegno assunto nell’ambito delle decisioni d ell’OSCE concernenti l’antiterrori- smo, in particolare gli impegni enunciati nel Piano di azione di Bucarest per la lotta al terrorismo, nella Carta d ell’OSCE per la prevenzione e la lotta al terrorismo e nella Strategia dell’OSCE per affrontare le minacce alla sicurezza e alla stabilità nel ventunesimo secolo.
I nostri Paesi confermano il loro impegno ad attuare appieno e con rapidità tali decisioni ed accordi nell’intera area d ell’OSCE.
3. Accogliamo con favore gli sforzi d ell’OSCE nel campo della lotta al terrorismo, ivi incluse le decisioni adottate nel 2004, e appoggiamo il lavoro dell’Unità di azione contro il terrorismo del Segretariato dell’OSCE.
Siamo convinti che il pacchetto di decisioni pratiche che noi oggi adottiamo e accogliamo* e la loro successiva attuazione accresceranno il livello di sicurezza e di stabilità nell’area dell’OSCE. Tali decisioni contribuiranno ad assicurare l’adempimento dei nostri obblighi conformemente al diritto internazionale, volti a prevenire e a combattere il terrorismo.
4. Ci proponiamo di intensificare le attività e le misure dell’OSCE volte a prevenire e a combattere il terrorismo e di affrontare tutti i fattori che creano le condizioni che consentono alle organizza- zioni terroristiche di reclutare persone e di ottenere appoggio.
Ribadiamo che gli sforzi dell’OSCE per contrastare le minacce del terrorismo dovrebbero essere intrapresi in tutte le dimensioni dell’OSCE, nella dimensione della sicurezza, ivi incluso il settore politico-militare, nella dimensione economica e ambientale e nella dimensione umana. Basandosi su un approccio alla sicurezza comune, globale e indivisibile, la nostra Organizzazione potrebbe apportare ulteriori contributi sostanziali agli sforzi globali di lotta al terrorismo.
Siamo convinti che il rispetto dei diritti dell’uomo e delle libertà fondamentali sia un elemento importante per garantire la pace e la stabilità e la prevenzione del terrorismo. Riconosciamo che l’efficace prevenzione e la lotta al terrorismo richiedono il coinvolgimento della società civile nei nostri Paesi.
Siamo determinati a rafforzare ulteriormente la nostra interazione sia a livello bilaterale che mul- tilaterale in diverse forme, al fine di prevenire la minaccia del terrorismo nella regione d ell’OSCE e nel mondo. Coopereremo attivamente al fine di trovare e consegnare alla giustizia coloro che commettono, organizzano, sostengono e finanziano atti terroristici.
Continueremo inoltre a sviluppare l’interazione e il dialogo sulle questioni concernenti la preven- zione e la lotta al terrorismo con i Partner mediterranei e asiatici per la cooperazione.
* Decisione N.617 del Consiglio permanente su Ulteriori misure per reprimere il finanziamento del terrorismo (1 luglio 2004). Decisione N.618 del Consiglio permanente sulla Solidarietà con le vittime del terrorismo (1 luglio 2004). Decisione del Consiglio dei ministri sulla lotta all’uso di Internet per scopi terroristici.Decisione del Con- siglio dei ministri sul potenziamento della sicurezza dei container. Decisione del Consiglio dei ministri sulla segnalazione dello smarrimento/furto di passaporti a ll’ASF-STD dell’Interpol.
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II. Dichiarazione del Consiglio dei ministri sul sessantesimo anniversario della fine della Seconda guerra mondiale
Nell’anno 2005 ricorre il sessantesimo anniversario della fine dei combattimenti della Seconda guerra mondiale. Ricordiamo commossi le decine di milioni di persone che hanno perso la vita, vit- time della guerra, dell’Olocausto, delle occupazioni e degli atti di repressione. Onoriamo la memoria di tutti coloro che hanno combattuto per la vittoria dell’umanità contro la dittatura, l’oppressione e l’aggressione. Il tempo non diminuirà il significato del loro sacrificio.
Accogliamo con favore la risoluzione dell’Assemblea generale dell’ONU sulla commemorazione del sessantesimo anniversario della fine della Seconda guerra mondiale.
Riflettendo sul nostro desiderio di impedire che una tale catastrofe europea e internazionale possa ripetersi, salutiamo i progressi compiuti negli ultimi sessant’anni per superare la tragica eredità del secondo conflitto mondiale verso il conseguimento di una pace e di una sicurezza globali, della riconciliazione, della cooperazione internazionale e regionale, nonché verso la promozione dei valori democratici, dei diritti umani e delle libertà fondamentali, in particolare tramite le Nazioni Unite e la creazione di organizzazioni regionali. Sottolineiamo l’importante ruolo che la CSCE e l ’OSCE hanno svolto a tale riguardo negli ultimi tre decenni.
Ricordando l’Atto finale di Helsinki, la Carta di Parigi per una nuova Europa, la Carta per la sicu- rezza europea e altri documenti OSCE concordati, non risparmieremo alcuno sforzo per evitare l’emergere di nuove linee di divisione nell’area d ell’OSCE e per eliminare le fonti di ostilità, di ten- sione e di conflitto. Siamo risoluti a proseguire i nostri sforzi collettivi volti a creare uno spazio di sicurezza comune e indivisibile nell’area d ell’OSCE, basato sulla democrazia, lo stato di diritto, la prosperità economica, la giustizia sociale e sul rispetto dei diritti umani e delle libertà fonda- mentali, ivi inclusi i diritti delle persone che appartengono a minoranze nazionali.
La storia ci ha reso consapevoli dei pericoli insiti nell’intolleranza, nella discriminazione, nell’estre- mismo e nell’odio per motivi etnici, razziali e religiosi. Ci impegniamo a combattere tali minacce, anche attraverso l ’OSCE, e respingiamo qualsiasi tentativo di giustificarle.
Condanniamo con forza qualsiasi negazione dell’Olocausto. Condanniamo tutte le forme di puli- zia etnica. Confermiamo la nostra adesione alla Convenzione ONU per la prevenzione e la puni- zione dei reati di genocidio adottata il 9 dicembre 1948. Invitiamo tutti gli Stati partecipanti ad intraprendere tutte le iniziative possibili per garantire che i tentativi di perpetrare atti di genocidio siano prevenuti ora e in futuro. Gli autori di tali crimini dovranno essere consegnati alla giustizia.
La nuova epoca ha portato con sé nuove minacce e nuove sfide, fra le più pericolose delle quali figura il terrorismo. Combatteremo tale minaccia insieme, unendo i nostri sforzi e le nostre risorse e difenderemo i nostri principi comuni. Ci adopereremo, anche tramite l’OSCE, per combattere il terrorismo e altre minacce e sfide alla sicurezza.
Siamo persuasi che la soluzione pacifica di tutti i conflitti in atto, l’osservanza delle norme del diritto internazionale, le finalità e i principi dello Statuto delle Nazioni Unite, l’adempimento degli impegni contenuti nell’Atto finale di Helsinki e in altri documenti OSCE concordati, siano il modo migliore per onorare coloro che hanno combattuto per la pace, la libertà, la democrazia e la dignità umana e per commemorare tutte le vittime della Seconda guerra mondiale, per supe- rare il passato e preservare le generazioni presenti e future dal flagello della guerra e della violenza.
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IV. Decisioni del Consiglio dei Ministri
Decisione N.3/04
Lotta all’uso di internet per scopi terroristici
Il Consiglio dei ministri,
riconoscendo che le Risoluzioni 1373 (2001) e 1566 (2004) del Consiglio di Sicurezza delle Nazioni Unite costituiscono pietre miliari del quadro giuridico internazionale per la lotta al terrorismo, deciso ad intensificare ulteriormente gli sforzi volti all’attuazione degli esistenti impegni OSCE sulla lotta al terrorismo, enunciati nella Carta dell’OSCE per la prevenzione e la lotta al terrorismo, nella Decisione N.1 del Consiglio dei ministri di Porto sull’attuazione degli impegni e delle attività dell’OSCE per la lotta al terrorismo, nel Piano di azione di Bucarest per la lotta al terrorismo e nella Strategia d ell’OSCE per affrontare le minacce alla sicurezza e alla stabilità nel ventunesimo secolo,
richiamando la Convenzione del Consiglio d’Europa sulla criminalità informatica (novembre 2001) ed altri pertinenti strumenti elaborati in seno a tale foro, nonché gli esiti della Conferenza del Consiglio d’Europa sulle sfide della criminalità informatica,
ricordando la Riunione dell’OSCE sul rapporto tra propaganda razzista, xenofoba e antisemita in Internet e i crimini legati all’odio (Parigi, 15-16 giugno 2004), preoccupato dalle proporzioni dell’utilizzo di Internet da parte di organizzazioni terroristiche per: • individuare e reclutare potenziali membri, • raccogliere e trasferire risorse finanziarie, • organizzare atti terroristici, • istigare ad atti terroristici in particolare attraverso l’uso della propaganda,
decide che gli Stati partecipanti si scambieranno informazioni sull’uso di Internet per scopi terro- ristici e individueranno possibili strategie per combattere tale minaccia, assicurando al contempo il rispetto degli obblighi e degli standard internazionali in materia di diritti dell’uomo, ivi inclusi quelli attinenti al diritto alla privacy e alla libertà di opinione e di espressione;
incarica il Segretario generale di organizzare nel 2005, in cooperazione con l’Interpol e con altre organizzazioni internazionali interessate, un seminario di esperti al fine di scambiare informa- zioni sulla portata di tale minaccia, nonché sul quadro giuridico e sugli strumenti istituzionali esi- stenti, e di considerare misure concrete per potenziare la cooperazione internazionale in materia.
Decisione N.11/04
Lotta alla corruzione
Il Consiglio dei ministri,
ribadendo che la corruzione rappresenta uno dei principali ostacoli alla prosperità e allo sviluppo sostenibile degli Stati partecipanti e che essa mina la loro stabilità e sicurezza e minaccia i valori comuni dell’OSCE,
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deciso ad intensificare ulteriormente gli sforzi volti all’attuazione degli esistenti impegni OSCE in materia di lotta alla corruzione, come enunciati nella Carta per la sicurezza europea adottata in occasione del Vertice OSCE di Istanbul del 1999 e nel Documento sulla strategia d ell’OSCE per la dimensione economica e ambientale adottato a Maastricht nel 2003,
riaffermando il suo impegno a considerare l’eliminazione di tutte le forme di corruzione una pri- orità e ad applicare misure efficaci e risolute contro la corruzione, anche attraverso l’attuazione di leggi e programmi nazionali pertinenti,
ricordando che la lotta alla corruzione richiede l’adozione da parte degli Stati partecipanti di una strategia anticorruzione globale e di lungo termine,
riconoscendo l’importante lavoro svolto da altre organizzazioni internazionali in tale ambito, in particolare dall’Ufficio delle Nazioni Unite contro la droga e il crimine (UNODC), dal Consi- glio d’Europa (CoE) e dall’Organizzazione per la cooperazione e lo sviluppo economico (OCSE),
riconoscendo che la Convenzione delle Nazioni Unite contro la corruzione, adottata dall’Assem- blea generale delle Nazioni Unite il 31 ottobre 2003 a New York, rappresenta un importante passo in avanti nel campo della cooperazione internazionale contro la corruzione e offre l’opportunità di una risposta globale al problema,
incoraggia gli Stati partecipanti a ll’OSCE, che non l’abbiano ancora fatto, a firmare e ratificare la Convenzione delle Nazioni Unite contro la corruzione quanto prima possibile al fine di assicu- rarne la tempestiva entrata in vigore, e ad attuarla appieno;
incarica il Segretariato OSCE, in particolare l’Ufficio del Coordinatore delle attività economiche e ambientali dell’OSCE (OCEEA), su richiesta degli Stati partecipanti a ll’OSCE, di prestare soste- gno per mobilitare l’assistenza tecnica, ivi incluse le necessarie risorse e competenze, delle per- tinenti organizzazioni internazionali, avendo debito riguardo dei loro rispettivi mandati, al fine di ratificare e/o attuare la Convenzione delle Nazioni Unite contro la corruzione.
Decisione N.12/04
Tolleranza e non-discriminazione
Il Consiglio dei ministri,
riconoscendo che il rispetto dei diritti dell’uomo e delle libertà fondamentali, della democrazia e dello stato di diritto sono al centro del concetto globale di sicurezza d ell’OSCE,
ricordando i suoi impegni nel campo della dimensione umana sanciti nell’Atto Finale di Helsinki, nella Carta di Parigi per una nuova Europa, nella Carta per la sicurezza europea (Vertice di Istanbul, 1999), nonché in tutti gli altri pertinenti documenti e decisioni d ell’OSCE,
richiamando la Decisione N.4/03 sulla Tolleranza e la non discriminazione adottata in seno all’Un- dicesima riunione del Consiglio dei ministri di Maastricht il 2 dicembre 2003, accoglie con favore il lavoro svolto dall’OSCE durante il 2004 nella promozione della tolleranza e della non-discri- minazione,
1. esprime apprezzamento per la dichiarazione resa dal Presidente in esercizio dell’OSCE in occasione della Conferenza OSCE sull’antisemitismo, tenuta a Berlino il 28 e 29 aprile 2004,
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“Dichiarazione di Berlino”, e per la dichiarazione del Presidente in esercizio d ell’OSCE in occasione della Conferenza OSCE sulla tolleranza e sulla lotta contro il razzismo, la xenofobia e la discrimi- nazione, tenutasi a Bruxelles il 13 e 14 settembre 2004, “Dichiarazione di Bruxelles”;
2. approva le decisioni del Consiglio permanente sulla Lotta all’antisemitismo (PC.DEC/607) e sulla Tolleranza e la lotta contro il razzismo, la xenofobia e la discriminazione (PC.DEC/621), nonché la Decisione del Consiglio permanente sulla Promozione della tolleranza e della libertà dei mezzi di informazione in Internet (PC.DEC/633), allegate alla presente decisione;
3. decide inoltre di intensificare gli sforzi volti all’attuazione di tali tre decisioni, che includono impegni nel campo, fra l’altro, dell’educazione, dei mezzi d’informazione, della legislazione, dell’ap- plicazione della legge, delle migrazioni e della libertà di religione;
4. decide di dare seguito al lavoro iniziato nel 2003 e proseguito con la Conferenza OSCE sull’an- tisemitismo (Berlino, 28 e 29 aprile 2004), con la Riunione OSCE sul rapporto tra la propaganda razzista, xenofoba e antisemita in Internet e i crimini ispirati dall’odio, tenutasi a Parigi il 16 e 17 giugno 2004, e con la Conferenza OSCE sulla tolleranza e la lotta contro il razzismo, la xenofobia e la discriminazione (Bruxelles, 13 e 14 settembre 2004). Accoglie inoltre con favore la proposta della Spagna di ospitare, nel giugno del 2005 a Cordova, la Conferenza OSCE sull’antisemitismo e su altre forme di intolleranza;
5. Accoglie, inoltre, con favore l’intenzione del Presidente in esercizio di nominare, conformemente alla decisione N.8 del Consiglio dei ministri di Porto, tre rappresentanti personali nel quadro dello sforzo globale d ell’OSCE di combattere la discriminazione e promuovere la tolleranza. Le spese sostenute dai rappresentanti personali saranno coperte da contributi extrabilancio.
Annesso alla Decisione N.12/04 Decisione del Consiglio permanente n.607
Lotta all’antisemitismo
(PC.DEC/607 del 22 aprile 2004)
Il Consiglio permanente,
tenendo conto della prossima Conferenza OSCE sull’antisemitismo che si terrà a Berlino il 28-29 aprile 2004,
riaffermando gli impegni esistenti degli Stati partecipanti relativi alla lotta all’antisemitismo, e
al fine di rafforzare i nostri sforzi comuni per combattere l’antisemitismo in tutta la regione dell’OSCE, decide,
1. che gli Stati partecipanti si impegnino a: • adoperarsi per assicurare che i loro sistemi giuridici favoriscano un ambiente privo di feno- meni di aggressione, violenza o discriminazione antisemita in tutti i settori della vita sociale; • promuovere, ove appropriato, programmi educativi atti a combattere l’antisemitismo; • promuovere la memoria e, ove appropriato, l’insegnamento della tragedia dell’Olocausto e l’im- portanza del rispetto di tutti i gruppi etnici e religiosi;
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• combattere i crimini ispirati dall’odio alimentati dalla propaganda razzista, xenofoba e antise- mita nei mezzi di informazione o in Internet; • incoraggiare e sostenere gli sforzi intrapresi in tali campi dalle organizzazioni internazionali e dalle ONG; • raccogliere e conservare informazioni e statistiche attendibili sui crimini a sfondo antisemita, e su altri crimini ispirati dall’odio, perpetrati sul loro territorio, riferire regolarmente tali infor- mazioni all’Ufficio OSCE per le istituzioni democratiche e i diritti dell’uomo (ODIHR) e ren- derle accessibili al pubblico; • adoperarsi per fornire a ll’ODIHR le risorse adeguate per svolgere i compiti concordati in seno alla Decima riunione del Consiglio dei ministri di Maastricht sulla tolleranza e la non discri- minazione; • collaborare con l’Assemblea parlamentare dell’OSCE per definire mezzi e modi appropriati per esaminare periodicamente il problema dell’antisemitismo; • incoraggiare lo sviluppo di scambi informali fra esperti in fora appropriati sulle migliori prassi e sulle esperienze relative all’applicazione della legge e all’educazione;
2. di incaricare l ’ODIHR di: • seguire attentamente in stretta cooperazione con altre istituzioni OSCE nonché con il Comitato delle Nazioni Unite per l’eliminazione della discriminazione razziale (UNCERD), la Commis- sione europea contro il razzismo e l’intolleranza (ECRI), l’Osservatorio europeo dei fenomeni di razzismo e xenofobia (EUMC) e altre istituzioni e ONG internazionali pertinenti, i casi di anti- semitismo nella regione d ell’OSCE avvalendosi di tutte le informazioni attendibili disponibili; • riferire i risultati delle sue attività al Consiglio permanente e alla Riunione di attuazione nel quadro della dimensione umana e rendere pubblici tali risultati. Tali rapporti dovrebbero essere anche considerati nella determinazione delle priorità del lavoro dell’OSCE inerente i fenomeni di intolleranza; • raccogliere e diffondere regolarmente informazioni in tutta l’area d ell’OSCE sulle migliori prassi per prevenire e far fronte al fenomeno dell’antisemitismo e, se necessario, offrire consulenza agli Stati partecipanti nei loro sforzi volti a combattere l’antisemitismo;
3. di chiedere al Presidente in esercizio di sottoporre la presente decisione all’attenzione dei par- tecipanti della prossima conferenza di Berlino e di includerla nella sua dichiarazione di chiusura della conferenza;
4. di inoltrare la presente decisione al Consiglio dei ministri per la sua approvazione in seno alla Dodicesima riunione.
Annesso alla Decisione N.12/04 Decisione del Consiglio permanente n.621
Tolleranza e lotta contro il razzismo, la xenofobia e la discriminazione
(PC.DEC/621 del 29 luglio 2004)
Il Consiglio permanente,
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tenendo conto della prossima Conferenza OSCE sulla tolleranza e sulla lotta contro il razzismo, la xenofobia e la discriminazione che si terrà a Bruxelles il 13 e 14 settembre 2004, richiamando la Decisione del Consiglio dei ministri di Maastricht sulla tolleranza e la non discriminazione (MC. DEC/04/03), la Conferenza OSCE sull’antisemitismo tenuta a Berlino il 28 e 29 aprile 2004, non- ché la Riunione OSCE sul rapporto tra la propaganda razzista, xenofoba e antisemita in Internet e i crimini ispirati dall’odio, tenuta a Parigi il 16 e 17 giugno 2004 e i loro risultati,
riaffermando l’attuale impegno degli Stati partecipanti per la promozione della tolleranza e della non discriminazione e,
al fine di rafforzare i nostri sforzi comuni volti alla lotta contro le manifestazioni di intolleranza nella regione d ell’OSCE,
decide,
1. che gli Stati partecipanti si impegnano a: • prevedere l’approvazione o il rafforzamento, ove appropriato, di una legislazione che vieti la discri- minazione o l’istigazione a crimini ispirati dall’odio basate sulla razza, sul colore, sul sesso, sulla lingua, sulla religione, sulla politica o su altre opinioni, sull’origine nazionale o sociale, sul censo, sulla nascita o altra condizione; • incentivare e potenziare, come appropriato, programmi educativi per promuovere la tolleranza e combattere il razzismo, la xenofobia e la discriminazione; promuovere e facilitare un dia- logo interculturale e interconfessionale aperto e trasparente e partnership volte alla tolleranza, al rispetto e alla comprensione reciproca nonché assicurare e favorire la libertà dell’individuo di professare e praticare una religione o un credo, individualmente o in comunità con altri, pre- vedendo anche leggi, regolamenti, prassi e politiche trasparenti e non discriminatorie; • intraprendere iniziative di lotta contro gli atti di discriminazione e di violenza nei confronti dei musulmani nell’area d ell’OSCE; • intraprendere iniziative, in conformità con le loro leggi nazionali e i loro obblighi internazio- nali, contro la discriminazione, l’intolleranza e la xenofobia nei confronti dei migranti e dei lavoratori migranti; • prevedere lo svolgimento di attività volte a sensibilizzare l’opinione pubblica sul prezioso con- tributo dei migranti e dei lavoratori migranti per la società; • combattere i crimini ispirati dall’odio che possono essere alimentati da propaganda razzista, xenofoba e antisemita nei mezzi d’informazione e in Internet e denunciare tali crimini pubbli- camente in modo appropriato quando si verifichino; • prevedere l’avvio di programmi di formazione per le forze di polizia e per la magistratura sulla legislazione relativa ai crimini ispirati dall’odio e sulla sua applicazione; • incoraggiare la promozione della tolleranza, del dialogo, del rispetto e della comprensione reci- proca tramite i mezzi d’informazione e Internet; • incoraggiare e sostenere gli sforzi delle organizzazioni internazionali e delle ONG in tali ambiti; • raccogliere e conservare informazioni e statistiche attendibili relative ai crimini ispirati dall’o- dio motivati da razzismo, xenofobia e da relativi atti di discriminazione e intolleranza, che hanno luogo sul loro territorio, riferire tali informazioni tramite rapporti periodici all’Ufficio OSCE per le istituzioni democratiche e i diritti dell’uomo (ODIHR) e mettere tali informazioni a disposizione del pubblico;
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• esaminare la possibilità di istituire all’interno dei Paesi organismi che promuovano la tolleranza e combattano il razzismo, la xenofobia, la discriminazione o la relativa intolleranza, compresa quella nei confronti dei musulmani, nonché l’antisemitismo; • impegnarsi a fornire a ll’ODIHR le risorse adeguate per svolgere i compiti concordati con la Deci- sione sulla tolleranza e la non discriminazione del Consiglio dei ministri di Maastricht; • collaborare con l’Assemblea parlamentare dell’OSCE per definire mezzi e modi appropriati per esaminare periodicamente i problemi del razzismo, della xenofobia e della discriminazione; • incoraggiare lo sviluppo di scambi informali informazioni fra esperti in fori appropriati sulle migliori prassi ed esperienze nel campo dell’applicazione della legge e dell’istruzione;
2. di incaricare l ’ODIHR di: • seguire da vicino, in stretta cooperazione con altre istituzioni OSCE nonché con il Comitato delle Nazioni Unite per l’eliminazione della discriminazione razziale (UNCERD), l’Ufficio delle Nazioni Unite dell’Alto commissario per i diritti dell’uomo (UNHCHR), la Commissione euro- pea contro il razzismo e l’intolleranza (ECRI), l’Osservatorio europeo dei fenomeni di razzismo e xenofobia (EUMC) e altre istituzioni e ONG internazionali pertinenti, episodi motivati da raz- zismo, xenofobia o da relativa intolleranza, inclusi quelli nei confronti dei musulmani, e dall’an- tisemitismo nell’area d ell’OSCE, utilizzando tutte le informazioni attendibili a disposizione; • riferire in merito alle sue conclusioni al Consiglio permanente e alla Riunione di attuazione nel quadro della dimensione umana e rendere pubbliche tali conclusioni. Tali rapporti dovreb- bero anche essere considerati nelle decisioni relative alle priorità per le attività d ell’OSCE nel campo dell’intolleranza; • raccogliere e divulgare sistematicamente informazioni in tutta l’area dell’OSCE sulle migliori prassi volte a prevenire e a far fronte ai fenomeni del razzismo, della xenofobia e della discrimi- nazione e, se richiesto, di prestare consulenza agli Stati partecipanti nei loro sforzi volti a com- battere il razzismo, la xenofobia e la discriminazione; • sostenere la capacità della società civile e lo sviluppo di partnership per affrontare il razzismo, la xenofobia, la discriminazione o la relativa intolleranza, inclusa quella nei confronti dei musul- mani, nonché l’antisemitismo;
3. di chiedere al Presidente in esercizio di sottoporre la presente decisione all’attenzione dei par- tecipanti della prossima Conferenza di Bruxelles e di integrarla nella sua dichiarazione conclu- siva della Conferenza;
4. di inoltrare la presente decisione al Consiglio dei ministri per l’approvazione in seno alla Dodi- cesima Riunione.
Annesso alla Decisione N.12/04 Decisione del Consiglio permanente n.633
Promozione della tolleranza e della libertà dei mezzi di informazione in Internet
(PC.DEC/633 dell’11 novembre 2004) Il Consiglio permanente,
riaffermando gli impegni assunti alla Riunione del Consiglio dei ministri di Maastricht volti a com- battere i crimini ispirati dall’odio, che possono essere alimentati da propaganda razzista, xeno- foba e antisemita in Internet,
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riaffermando l’importanza del pieno rispetto del diritto alla libertà di opinione e di espressione, che comprende la libertà di cercare, ricevere e divulgare informazioni che sono vitali per la demo- crazia e che sono di fatto rafforzate da Internet,
richiamando gli impegni di raccogliere e conservare informazioni e statistiche attendibili rela- tive ai crimini ispirati dall’odio motivati da razzismo, xenofobia, antisemitismo e da relativi atti di discriminazione e intolleranza, di riferire tali informazioni tramite rapporti periodici all’Uffi- cio OSCE per le istituzioni democratiche e i diritti dell’uomo (ODIHR) e mettere a disposizione del pubblico tali informazioni, come contenuto nelle decisioni del Consiglio permanente sulla lotta all’antisemitismo (PC.DEC/607) e sulla tolleranza e la lotta contro il razzismo, la xenofobia e la discriminazione (PC.DEC/621),
sottolineando l’importanza di promuovere la tolleranza, il rispetto, il dialogo e la comprensione reciproci, anche attraverso i mezzi d’informazione e Internet nell’ambito di strategie basate su una molteplicità di misure,
decide che:
1. gli Stati partecipanti dovranno intraprendere azioni al fine di assicurare che Internet rimanga un foro pubblico e aperto di libertà di opinione ed espressione, come contemplato nella Dichiarazione universale dei diritti dell’uomo, e di promuovere l’accesso a Internet sia nelle case che nelle scuole;
2. gli Stati partecipanti dovranno indagare e, ove applicabile, perseguire pienamente atti di vio- lenza e minacce criminali di violenza in Internet, motivati da razzismo, xenofobia, antisemitismo o altri relativi pregiudizi;
3. gli Stati partecipanti dovranno addestrare agenti delle forze dell’ordine e avvocati sui modi di affrontare i crimini motivati da razzismo, xenofobia, antisemitismo o altri pregiudizi in Inter- net e dovranno condividere informazioni sui programmi di formazione con esiti positivi quale parte dello scambio di migliori prassi;
4. il Rappresentante OSCE per la libertà dei mezzi d’informazione continuerà a svolgere un ruolo attivo nella promozione della libertà di espressione e dell’accesso a Internet e continuerà a osser- vare pertinenti sviluppi in tutti gli Stati partecipanti. Ciò comprenderà il preallarme qualora leggi o altre misure che vietano la libertà di parola per motivi di razzismo, xenofobia, antisemitismo o altri pregiudizi correlati siano applicate in modo discriminatorio o selettivo per ragioni politi- che che possono pregiudicare la manifestazione di opinioni e pareri alternativi;
5. gli Stati partecipanti dovranno valutare l’efficacia delle leggi e di altre misure che regolamen- tano i contenuti di Internet, con particolare riguardo al loro effetto sul tasso di crimini motivati da razzismo, xenofobia e antisemitismo;
6. gli Stati partecipanti dovranno incoraggiare e sostenere analiticamente studi rigorosi sulla possi- bile relazione fra discorsi ispirati dal razzismo, dalla xenofobia e dall’antisemitismo in Internet e la commissione di crimini motivati da razzismo, xenofobia, antisemitismo o altri pregiudizi correlati;
7. l ’OSCE promuoverà scambi volti a individuare approcci efficaci per affrontare la questione della propaganda basata sul razzismo, la xenofobia e l’antisemitismo in Internet senza pregiudizio per la libertà di informazione ed espressione. L’OSCE creerà opportunità, anche durante la Riunione di attuazione nel quadro della dimensione umana, volte a promuovere la condivisione di migliori prassi;
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8. gli Stati partecipanti dovranno incoraggiare l’istituzione di programmi educativi per bambini e giovani relativi a manifestazioni di razzismo, xenofobia, antisemitismo o altri pregiudizi corre- lati in cui essi possono imbattersi in Internet. Gli Stati partecipanti e i gestori di servizi Internet dovranno inoltre, come appropriato, intraprendere iniziative per informare i genitori sull’ampia gamma di software-filtro disponibili che consentono loro di esercitare un maggiore controllo sull’u- tilizzo di Internet da parte dei loro figli. Materiali su validi programmi d’insegnamento e softwa- re-filtro dovranno essere distribuiti quale parte dello scambio di migliori prassi;
9. gli Stati partecipanti dovranno incoraggiare continui e ulteriori sforzi da parte delle ONG volti a monitorare Internet in merito a contenuti razzisti, xenofobi e antisemiti, nonché tutte le inizia- tive delle ONG intese a condividere e rendere pubblici i loro risultati.
Decisione N.13/04
Esigenze specifiche di tutela e di assistenza dei minori vittime di tratta
Il Consiglio dei ministri,
ribadendo i fermi impegni assunti dagli Stati partecipanti nell’ambito della lotta alla tratta di esseri umani, in particolare la Decisione N.1 del Consiglio dei ministri di Vienna del 2000, la Dichia- razione del Consiglio dei ministri di Porto del 2002 sulla tratta di esseri umani e la Decisione N.2/03 del Consiglio dei ministri di Maastricht del 2003 che approva il Piano di azione dell’OSCE per la lotta alla tratta di esseri umani e istituisce, sotto l’egida del Consiglio permanente, un mec- canismo OSCE per fornire assistenza agli Stati partecipanti nella lotta alla tratta di esseri umani costituito da un Rappresentante speciale nominato dal Presidente in esercizio e da un’unità spe- ciale presso il Segretariato,
ricordando la Conferenza di Copenhagen sulla dimensione umana della CSCE del 1990 ove si dichiarava, tra l’altro, che “gli Stati partecipanti decidono di prestare particolare attenzione al rico- noscimento dei diritti del bambino, dei suoi diritti civili e delle sue libertà individuali, dei suoi diritti economici, sociali e culturali, nonché del suo diritto ad una particolare tutela contro qual- siasi forma di violenza e di sfruttamento”,
ricordando i principi di tutela e rispetto dei diritti umani sanciti nella Convenzione delle Nazioni Unite sui diritti del fanciullo del 1989 e nel suo Protocollo facoltativo del 2000 sulla vendita di bam- bini, sulla prostituzione infantile e sulla pornografia infantile, il Protocollo delle Nazioni Unite del 2000 per prevenire, reprimere e punire il traffico di esseri umani, in particolare donne e bam- bini, aggiuntivo alla Convenzione delle Nazioni Unite contro la criminalità organizzata transna- zionale, nonché la Convenzione dell’Aja del 1993 sulla protezione dei minori e sulla cooperazione in materia di adozione internazionale,
consapevole che spetta agli Stati partecipanti la responsabilità primaria di combattere la tratta di esseri umani, basandosi su di un approccio integrato e coordinato che comprenda la prevenzione della tratta, la tutela delle vittime e l’azione penale nei confronti dei trafficanti e dei loro complici,
riaffermando che i principi generali concernenti, tra l’altro, gli interessi superiori dei minori, la non discriminazione, la partecipazione, la sopravvivenza e lo sviluppo, forniscono il contesto di tutte le iniziative riguardanti i minori,
impegnato a rafforzare ulteriormente gli sforzi dell’OSCE volti a combattere la tratta di esseri umani e a proseguire con alacrità l’attuazione del Piano di azione per la lotta alla tratta di esseri
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umani nonché le attività di sostegno prestate dall’Organizzazione agli Stati partecipanti, su loro richiesta, per lo svolgimento delle loro rispettive attività nazionali in tale ambito,
tenendo conto in particolare delle raccomandazioni del Piano di azione dell’OSCE per la lotta alla tratta di esseri umani conformemente alle quali l ’OSCE accorderà particolare attenzione alla que- stione della tratta di bambini e riconoscendo, inoltre, la vulnerabilità dei minori non accompa- gnati e separati dalle famiglie,
ricordando che gli Stati partecipanti si sono impegnati a proteggere i minori da ogni forma di vio- lenza, ivi incluso lo sfruttamento sessuale, e sottolineando l’importanza di rispettare le speciali esigenze di tutela e di assistenza nonché la possibilità del minore di essere ascoltato,
sottolineando che le misure per combattere la tratta dei minori devono tenere conto di una pro- spettiva di parità fra i sessi ed essere non discriminatorie,
ribadendo che l’interesse superiore dei minori deve essere il criterio preminente nelle decisioni concernenti gli stessi quando sono oggetto di tratta, anche garantendo loro rappresentanza, ove appropriato,
consapevole della necessità di un’efficace quadro di assistenza e tutela dei minori nonché di sen- sibilizzazione per contrastare la domanda che favorisce tutte le forme di sfruttamento delle per- sone, in particolare di donne e bambini, e che rende i minori più esposti al rischio della tratta,
1. decide di potenziare gli sforzi dell’OSCE intesi a prevenire la tratta dei minori, a tutelare e assi- stere i bambini vittime di tratta e a perseguire coloro che commettono tale crimine, tenendo conto del Piano di azione d ell’OSCE per la lotta alla tratta di esseri umani;
2. incoraggia gli Stati partecipanti a rafforzare le pertinenti strutture governative di tutela dei minori. Incoraggia inoltre gli Stati partecipanti a intensificare le iniziative, ove appropriato, e in linea con le pertinenti raccomandazioni agli Stati partecipanti formulate nel Piano di azione dell’OSCE per la lotta alla tratta di esseri umani, volte a contrastare i fattori che contribuiscono a rendere i minori particolarmente esposti al rischio della tratta, tra cui: la discriminazione in base, tra l’altro, alla razza, al sesso, alla religione o al credo, alle origini nazionali o sociali, alla nascita o altra condi- zione; lo sfruttamento, come definito nel Piano di azione dell’OSCE per la lotta alla tratta di esseri umani; la povertà, la mancanza di istruzione e l’allontanamento dai luoghi di origine;
3. concorda di rafforzare le iniziative per contrastare la domanda, ivi inclusa la lotta al turismo ses- suale a danno di minori. In tale contesto, invita altresì gli Stati partecipanti a considerare, tra l’al- tro, l’elaborazione di misure giuridiche intese a perseguire i loro cittadini nei casi di sfruttamento sessuale di minori, anche nel caso in cui tale sfruttamento abbia avuto luogo in un Paese diverso;
4. incarica il Consiglio permanente, attraverso il Gruppo di lavoro informale sulle pari opportu- nità e per la lotta alla tratta di esseri umani, con il sostegno, tra l’altro, del Rappresentante speciale per la lotta alla tratta di esseri umani, nonché tramite altre pertinenti strutture dell’OSCE, di ela- borare entro il 31 luglio, ai fini di ulteriori appropriati interventi, un addendum al Piano di azione dell’OSCE per la lotta alla tratta di esseri umani, che contribuirà alla sua attuazione, relativo alle esigenze specifiche di tutela e assistenza dei minori vittime di tratta, ivi inclusa una sintesi delle migliori prassi in materia;
5. invita il Gruppo di lavoro informale ad avviare tale attività basandosi sugli impegni assunti dagli Stati partecipanti ai sensi delle esistenti convenzioni internazionali di cui sono Parti, al fine
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di affrontare adeguatamente l’esigenza di fornire misure speciali di tutela ai minori, tenendo conto dell’interesse superiore e del benessere dei minori stessi.
Decisione N.14/04
Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi
Il Consiglio dei ministri,
ricordando che in occasione del Vertice OSCE di Istanbul del 1999 i Capi di Stato e di Governo hanno dichiarato che “L’esercizio pieno e paritario da parte della donna dei propri diritti umani è elemento essenziale per la realizzazione di un’area OSCE più pacifica, prospera e democratica. Ci impegniamo affinché la parità tra uomo e donna divenga parte integrante delle nostre politi- che, sia a livello dei nostri Stati che all’interno dell’Organizzazione,”*
richiamando il Piano di azione del 2000 per le pari opportunità† che è stato elaborato “al fine di assicurare che gli impegni dell’OSCE attinenti all’uguaglianza dei diritti e alle pari opportu- nità per le donne e gli uomini siano tenuti in considerazione dagli Stati partecipanti e nel lavoro pratico delle istituzioni e delle missioni sul terreno d ell’OSCE,”
riconoscendo che la parità dei diritti fra uomini e donne e la tutela dei loro diritti umani sono ele- menti fondamentali per la pace, la democrazia sostenibile, lo sviluppo economico e, pertanto, per la sicurezza e la stabilità nella regione d ell’OSCE,
richiamando la Piattaforma di azione di Pechino adottata dalla Quarta conferenza mondiale sulle donne, nonché gli esiti della ventitreesima sessione speciale dell’Assemblea generale del 2000, inti- tolata “Donne 2000: uguaglianza fra i sessi, sviluppo e pace per il ventunesimo secolo”,
richiamando la risoluzione 1325 (2000)‡ del Consiglio di Sicurezza dell’ONU, che sollecita una partecipazione piena e paritaria delle donne al processo decisionale nel quadro della prevenzione dei conflitti, nonché alla ricostruzione postconflittuale, e sottolineando l’importanza della loro piena e paritaria partecipazione e del loro coinvolgimento in tutte le iniziative volte al manteni- mento e alla promozione della pace e della sicurezza,
consapevole della necessità di rispecchiare in modo appropriato una prospettiva di parità fra i sessi nelle attività svolte sotto gli auspici dell’OSCE e della necessità che gli Stati partecipanti adottino tutte le misure necessarie volte ad incoraggiare la presa di coscienza delle questioni concernenti la parità fra i sessi, nonché a promuovere l’uguaglianza di diritti e la piena e paritaria partecipazione delle donne e degli uomini alla società, con l’obiettivo di promuovere sistematicamente la parità fra i sessi ed accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi nell’area d ell’OSCE§, che è essenziale per la sicurezza globale,
* Carta per la sicurezza europea, paragrafo 23. † PC.DEC/353 dell’1 giugno 2000. ‡ Adottata dal Consiglio di Sicurezza in seno alla sua 4213a riunione il 31 ottobre 2000. § “Accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi è il processo di valutazione delle implicazioni per uomini e donne di ogni azione pianificata, comprendendo la legislazione, le politiche o i programmi in tutti i settori e a tutti i livelli. È una strategia intesa a far sì che le tematiche e le esperienze di entrambi i sessi diventino una dimensione integrante della definizione, attuazione, monitoraggio e valutazione delle politiche e dei programmi in tutti gli ambiti politici, economici e sociali, affinché uomini e donne possano trarne pari beneficio e non venga perpetuata l’ineguaglianza. Il fine ultimo è quello di conseguire
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sottolineando la necessità che l’OSCE sviluppi ulteriormente e rafforzi un processo continuo e sostenibile volto ad accordare costantemente la dovuta considerazione agli aspetti legati alle dif- ferenze fra i sessi e promuova una cultura di gestione e un ambiente di lavoro professionali e sen- sibili alle questioni della parità, nonché iniziative volte a conseguire un equilibrio tra i sessi in particolare nell’ambito del reclutamento a livello professionale, conformemente allo Statuto del personale dell’OSCE,
decide di approvare il Piano di azione 2004 per la promozione della parità fra i sessi, adottato dal Consiglio permanente il 2 dicembre 2004 con la Decisione N.638 allegata alla presente Decisione.
Annesso alla Decisione N.14/04
Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi
“La pace e il benessere del mondo richiedono la massima partecipazione della donna in tutti i campi, in condizioni di parità con l’uomo.”*
1. Il rispetto dei diritti umani e delle libertà fondamentali, della democrazia e dello stato di diritto costituisce il nucleo centrale del concetto globale di sicurezza d ell’OSCE. La Carta per la sicurezza europea, adottata al Vertice OSCE di Istanbul, precisa che:
“L’esercizio pieno e paritario da parte della donna dei propri diritti umani è elemento essenziale per la realizzazione di un’area OSCE più pacifica, prospera e democratica. Ci impegniamo affinché la parità fra uomini e donne diventi parte integrante delle nostre politiche, sia a livello dei nostri Stati che all’interno dell’Organizzazione.”
2. Quale intesa regionale ai sensi del Capitolo VIII dello Statuto delle Nazioni Unite, l ’OSCE è uno strumento fondamentale di preallarme, prevenzione dei conflitti, gestione delle crisi e ricostru- zione postconflittuale nella sua regione. Nell’area dell’OSCE, sta diventando sempre più evidente che sussiste una stretta correlazione tra sicurezza, democrazia e prosperità. La libertà economica, la giustizia sociale e la responsabilità in materia ambientale sono indispensabili per la prosperità. Per svolgere i suoi compiti e conseguire i suoi obiettivi è estremamente importante che l’Organiz- zazione, in cooperazione con gli Stati partecipanti, investa nel suo capitale umano.
3. Accordare costantemente e in modo efficace la dovuta considerazione agli aspetti legati alle dif- ferenze fra i sessi con l’obiettivo di conseguire la parità è importante se si vuole utilizzare appieno il capitale umano nell’area d ell’OSCE. L’uguaglianza fra i sessi contribuisce alla sicurezza globale, che è un obiettivo delle attività d ell’OSCE nelle sue tre dimensioni. La prassi di considerare sem- pre detti aspetti è un mezzo per contribuire a raggiungere tale obiettivo Si dovrà, pertanto, tenere conto della prospettiva della parità nelle attività, nei progetti e nei programmi dell’Organizzazione al fine di realizzare l’uguaglianza fra i sessi nelle operazioni dell’Organizzazione e negli Stati par- tecipanti. La promozione della parità fra uomini e donne, quale elemento integrante delle politiche e delle prassi dell’OSCE, è responsabilità comune degli Stati partecipanti, del Presidente in eser- cizio, del Segretario generale e dei capi delle istituzioni e delle missioni. Nell’intraprendere tale sforzo, si dovrà tenere presente che se l’uguaglianza fra i sessi diventerà realtà in ogni settore e ad ogni livello della società, sia uomini che donne beneficeranno di tale cambiamento.
la parità.” Vedi i documenti ufficiali dell’Assemblea generale, 52a sessione, supplemento N.3 (A/52/3/Rev.1), Capitolo IV, paragrafo 4. * Risoluzione 34/180 dell’Assemblea generale delle Nazioni Unite del 18 dicembre 1979 (CEDAW).
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I. Contesto generale
Stato di attuazione del Piano di azione del 2000
4. Il Piano di azione del 2000 dell’OSCE per le questioni attinenti alle pari opportunità* invitava ad intensificare gli sforzi per conseguire la parità di trattamento fra uomini e donne in tutti i settori dell’Organizzazione, compreso il reclutamento del personale, nonché ad includere la prospettiva della parità nelle attività dell’Organizzazione. Il Piano ha permesso di accrescere la consapevo- lezza della necessità di promuovere l’uguaglianza fra i sessi in seno all’Organizzazione attraverso le attività svolte dal Segretariato, dalle istituzioni, dalle operazioni sul terreno e dagli Stati parte- cipanti. L’attuazione del Piano di azione del 2000 ha rivelato tuttavia carenze, in particolare nei settori della formazione, della gestione e del reclutamento, nonché nella prassi generale di accor- dare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi nell’am- bito d ell’OSCE e all’interno degli Stati partecipanti.
5. Il Piano di azione del 2000 per le questioni attinenti alle pari opportunità prevedeva che venis- sero migliorate le opportunità a favore delle donne nell’OSCE e fosse promosso un ambiente di lavoro professionale. Al Presidente in esercizio, agli Stati partecipanti e al Segretariato si chie- deva di intraprendere positive misure per promuovere e nominare candidate di sesso femminile nelle istituzioni dell’OSCE, come pure presso le attività sul terreno. Tutti gli Stati partecipanti venivano invitati, inoltre, a compiere sforzi sostanziali volti a presentare candidature femminili, in particolare a livello dirigenziale.
La rappresentanza delle donne n ell’OSCE continua tuttavia ad essere esigua, in particolare ai livelli superiori e decisionali, e ha di fatto registrato un calo negli ultimi anni. Le donne provenienti da determinati Paesi, in particolare dagli Stati partecipanti con economie in fase di transizione, con- tinuano ad essere scarsamente rappresentate o sottorappresentate. Dati statistici indicano che le candidate donne hanno meno opportunità rispetto agli uomini di essere impiegate presso l’Or- ganizzazione†.
Il Consiglio permanente non ha ancora esaminato le statistiche semestrali e i rapporti annuali distribuiti dal Segretario generale sull’attuazione del Piano di azione del 2000 per le questioni attinenti alle pari opportunità e l’attuazione del Piano di azione del 2000 non è stata monitorata in modo adeguato.
6. Un’altra priorità stabilita nel Piano di azione del 2000 prevedeva che tutto il personale di nuova nomina presso le missioni venisse formato in materia di parità fra i sessi, e che le istituzioni OSCE includessero una prospettiva di parità nella formazione del loro personale. Sono stati attuati pro- grammi di formazione generale in materia di sensibilizzazione sulle tematiche della parità e sono
* Decisione del Consiglio permanente N.353 dell’1 giugno 2000 (PC.DEC/353). † Dati sulle tematiche dell’uguaglianza fra i sessi desunti da statistiche generali del Segretariato, delle istituzioni e delle missioni OSCE, SEC.GAL/208/03, 21 novembre 2003. Relativamente all’organico previsto dalla Tabella degli effettivi, le donne costituiscono il 44 per cento del personale della categoria dei servizi generali, mentre la loro rappresentanza totale nei settori professionali è del 25 per cento, registrando di fatto una diminuzione negli ultimi anni. Le candidature per le posizioni a tempo determinato nel periodo gennaio-settembre 2003 (9.566) risultavano presentate per il 69 per cento da uomini e per il 31 per cento da donne; nello stesso periodo, tuttavia, il 72 per cento del totale dei candidati selezionati (50) era rappresentato da uomini mentre solo il 28 per cento da donne. Rispetto ai 34 posti vacanti pubblicizzati nei settori professionali, le donne costituivano il 33 per cento dei candidati, il 23 per cento dei candidati invitati a colloquio e il 12 per cento di quelli selezio- nati. Sul totale delle nomine in posizione di distacco nei primi sei mesi del 2003 (2.135) il 30 per cento (641) era costituito da donne e il 70 per cento (1.494) da uomini. Tuttavia, solo il 10 per cento (62) di tali candidate è stato inviato presso le missioni mentre il 18 per cento (272) degli uomini selezionati è stato accettato e d islocato.
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stati compiuti sforzi volti ad offrire un ambiente di lavoro professionale. A partire dal 2000, tutte le missioni hanno nominato propri mediatori per i quali il Segretariato ha organizzato annualmente corsi di formazione. Tuttavia, la formazione e la sensibilizzazione dei dirigenti sulle questioni atti- nenti alla parità fra i sessi e sulla responsabilità a tale riguardo di tutto il personale, nell’ambito dei loro compiti e settori di attività, non hanno ottenuto i risultati auspicati, così come non è stato ancora conseguito l’obiettivo di creare un ambiente professionale.
7. Il Piano di azione del 2000 prevedeva inoltre che si istituisse un quadro complessivo per i pro- getti volti ad accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi e che i dati e il materiale di ricerca sulle tematiche delle parità venisse analizzato ed utilizzato nell’elaborazione di nuove politiche e nuovi programmi. Tale processo non è stato sviluppato con la dovuta continuità. Inoltre, i consulenti e i funzionari di coordinamento in materia di parità non sono stati sufficientemente coinvolti nell’elaborazione delle nuove politiche e dei nuovi programmi.
8. Accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi richiede un’attenzione coerente e sistematica alle prospettive della parità fra i sessi nelle attività dell’Organizzazione basate su un approccio transdimensionale, nonché su adeguati meccanismi di monitoraggio e di verifica. Si rende necessario un nuovo, potenziato Piano di azione, che fissi obiettivi e una chiara attribuzione delle responsabilità al fine di rafforzare i costanti sforzi messi in atto dagli Stati partecipanti nell’attuazione dei loro impegni.
II. Obiettivi e finalità
9. Il Piano di azione 2004 per la promozione della parità fra i sessi mira a stabilire le priorità dell’OSCE nell’ambito della promozione dell’uguaglianza fra uomini e donne in seno all’Organiz- zazione e in tutti gli Stati partecipanti, nonché a garantire il monitoraggio della sua attuazione. Al fine di conseguire tali obiettivi il Piano prenderà in considerazione le attività, le politiche, i progetti e i programmi dell’Organizzazione volti ad accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi, nonché l’assistenza dell’OSCE agli Stati partecipanti nella promozione di tale obiettivo. Detta assistenza potrà mirare all’attuazione degli impegni interna- zionali nell’ambito delle tematiche uomo-donna, nonché allo sviluppo di programmi e di politi- che nazionali.
10. Sarà data priorità ai seguenti obiettivi: (a) in seno a ll’OSCE: • offerta di programmi di formazione specifici sulla presa di coscienza e la sensibilizzazione in materia di parità, nel lavoro quotidiano, rivolta al personale d ell’OSCE, nonché di programmi intesi a rafforzare iniziative finalizzate ad accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi nelle politiche e nei progetti, come pure di meccani- smi di verifica e valutazione; • promozione di una cultura dirigenziale e di un ambiente di lavoro professionali e sensibili alle tematiche attinenti alla parità fra uomini e donne; • adozione di strategie di reclutamento innovative e più incentrate sulla promozione di pari oppor- tunità per tutti e volte ad assicurare che siano individuate e sollecitate candidature femminili qua- lificate, conformemente allo Statuto del personale (riferimento al documento PC.DEC/550 del 27 giugno 2003), al fine di accrescere il numero di donne impiegate presso l ’OSCE ai livelli superiori; • invito agli Stati partecipanti a presentare un maggior numero di candidature femminili per incarichi presso l ’OSCE, in particolare per i livelli superiori e decisionali, con l’obiettivo di con- seguire un continuo miglioramento del rapporto numerico tra uomini e donne a tutti i livelli;
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• realizzazione dell’obiettivo di accordare costantemente e in modo efficace la dovuta considera- zione agli aspetti legati alle differenze fra i sessi nelle attività e nelle politiche dell’OSCE, come pure in quelle degli Stati partecipanti.
(b) nell’assistenza agli Stati partecipanti: • definizione dei settori prioritari di assistenza da parte delle strutture d ell’OSCE agli Stati par- tecipanti nell’attuazione dei loro rispettivi impegni; • elaborazione di una serie di migliori prassi per la promozione dell’uguaglianza fra uomini e donne negli Stati partecipanti; • valorizzazione e promozione del ruolo delle donne nei processi di prevenzione dei conflitti e di ristabilimento della pace; • predisposizione di una struttura-quadro volta ad assicurare che le questioni attinenti alla parità fra i sessi, compresa l’attuazione del presente Piano di azione, siano discusse e verificate con regolarità.
III. Promozione della parità fra i sessi n ell’OSCE
(A) Accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi nelle strutture e nell’ambiente di lavoro come pure nelle procedure di reclutamento
Formazione
11. Al fine di conseguire gli obiettivi descritti nel presente Piano di azione, l ’OSCE amplierà le attuali opportunità formative e istituirà nuovi programmi di formazione conformemente alla Strategia dell’OSCE in materia di formazione per il periodo 2005–2007* e al Piano di azione dell’OSCE per la lotta alla tratta di esseri umani†. In tale contesto, il Programma generale di orientamento presso il Segretariato, il Corso introduttivo sulla dimensione umana presso l ’ODIHR e altri corsi preparatori o seminari sul terreno avranno come oggetto due moduli appositamente concepiti, a seconda delle esigenze: • il primo modulo riguarderà la formazione di tutti i funzionari OSCE in materia di sensibiliz- zazione sulla parità fra uomini e donne e la prassi di accordare costantemente la dovuta consi- derazione alla prospettiva di un’uguaglianza fra i sessi nel loro lavoro quotidiano. Tale modulo, adeguatamente concepito per ciascuna categoria di personale al fine di soddisfare le specifiche esigenze, illustrerà il principio della parità fra i sessi, gli strumenti disponibili per conseguire tale obiettivo e le ragioni dell’importanza di accordare costantemente la dovuta considerazione alla prospettiva di un’uguaglianza fra i sessi nelle attività dell’Organizzazione.
Il modulo sarà interattivo e improntato all’azione e conterrà informazioni concernenti i compiti e le responsabilità descritti nel presente Piano di azione, nonché in pertinenti disposizioni, in par- ticolare quelle relative al dovere di rendere conto del proprio operato da parte di tutto il personale.
* SEC.GAL/118/04/Rev.5, 27 luglio 2004. † MC.DEC/2/03 Annesso, pag.12, Incremento della sensibilizzazione. 8.4.: “Il Coordinatore di formazione OSCE, il Consulente per le questioni inerenti alle pari opportunità e il Coordinatore per la sicurezza continueranno a utilizzare il corso introduttivo per sviluppare e attuare la formazione del personale sulle questioni inerenti alle pari opportunità, sulla tratta di esseri umani e sui pertinenti regolamenti e linee guida, in cooperazione con l ’ODIHR, nonché ad organizzare speciali seminari in tale settore. I capi delle operazioni sul terreno assicure- ranno che la frequenza di tali corsi di formazione sia obbligatoria per tutto il personale.”
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Tutte le categorie di personale saranno coinvolte in tali attività di formazione che potranno svolgersi anche sul territorio, se necessario, per consentire la partecipazione del personale reclutato in loco.
(a) I programmi di formazione, in particolare quelli rivolti alle forze di polizia e agli addetti al con- trollo delle frontiere, conterranno moduli specifici sulla lotta alla violenza domestica e alla tratta di esseri umani. (b) I capi delle istituzioni e delle missioni nonché i direttori svolgeranno un ruolo guida nel promuo- vere le attività di formazione del personale, al fine di garantire pari opportunità di partecipazione agli uomini e alle donne. Essi riceveranno inoltre informazioni sulle politiche dell’OSCE concer- nenti le tematiche relative alla parità fra i sessi, con particolare riguardo alle procedure di reclamo. • Il secondo modulo affronterà la prassi di accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi nei programmi, nei progetti e nelle attività di cooperazione tecnica dell’OSCE, al fine di garantire una coerente adozione di tale prospettiva. Ciò implica la verifica e l’attuazione di politiche e di misure allo scopo specifico di conseguire l’uguaglianza tenendo conto in modo attivo della prospettiva della parità fra i sessi nelle fasi di pianificazione, di redazione di rapporti, di attuazione e di valutazione.
12. Disposizioni in materia di verifica e di valutazione saranno incluse in tutti i programmi di for- mazione, al fine di valutare la loro efficacia ad intervalli regolari.
13. Il Coordinatore OSCE per la formazione è incaricato di definire ed attuare la dimensione rela- tiva alla formazione del personale del presente Piano di azione in stretta cooperazione con gli uffici preposti e con i funzionari di coordinamento in materia di parità in seno all’Organizzazione e con il sostegno della rete dei funzionari di coordinamento responsabili per la formazione.
Gestione
14. Il Segretario generale e i capi delle istituzioni e delle missioni svolgeranno con determina- zione e fattivamente un ruolo guida per l’affermarsi di una consapevolezza sostenibile sulla parità in seno all’Organizzazione e intensificheranno i loro sforzi per realizzare un ambiente di lavoro e una cultura dirigenziale improntati alla professionalità e alla sensibilità rispetto a tali questioni. Un tale contesto lavorativo sarà promosso anche da tutti i funzionari dell’OSCE, in particolare dal personale con ruoli di supervisione. Nella copertura di posti dirigenziali dovrà essere dato rilievo al reperimento di persone che dimostrino sensibilità per le tematiche della parità fra i sessi e consapevolezza dell’importanza di una cultura onnicomprensiva in seno all’Organizzazione. Il Direttore della Sezione per le risorse umane avrà la responsabilità di verificare e se necessario raf- forzare la politica dell’OSCE contro le vessazioni, ivi incluse le molestie sessuali. Questi divulgherà informazioni e accrescerà la consapevolezza del personale sul problema delle vessazioni nella vita lavorativa e sulle misure esistenti per combatterlo e prevenirlo, incoraggiando inoltre le vittime a presentare le loro rimostranze.
15. Le valutazioni sul rendimento dei dirigenti includeranno una valutazione della loro sensibilità alle tematiche della parità fra uomini e donne. A tal fine la Sezione per le risorse umane elaborerà una tabella di valutazione in materia, contenente dettagli sulle misure comparabili tra tutti i servizi.
16. I regolamenti, le norme, le direttive e le istruzioni in materia organizzativa dell’OSCE saranno verificati dagli Stati partecipanti e/o dal Segretariato al fine di includervi la prassi di accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi, se richiesto.
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17. I capi delle istituzioni, i capi delle missioni e i direttori in seno al Segretariato presiederanno riunioni periodiche con il personale per verificare l’inclusione degli aspetti relativi alla parità e la considerazione ad essi accordata nelle attività delle loro rispettive strutture e incoraggeranno tutto il personale ad inglobare le tematiche della parità nel loro lavoro.
18. Il Segretariato e l ’ODIHR continueranno ad impegnarsi nello scambio attivo di informazioni sulle politiche di gestione sensibili alle tematiche della parità con le pertinenti organizzazioni inter- nazionali, intergovernative e regionali. In particolare, il Segretariato intensificherà l’interazione con l’Assemblea parlamentare dell’OSCE in materia di parità fra i sessi. Il Segretariato, le istitu- zioni e le missioni daranno visibilità al presente Piano di azione.
Reclutamento
19. Il reclutamento in seno a ll’OSCE sarà basato su processi trasparenti, tramite concorsi aperti a tutti i cittadini degli Stati partecipanti, assicurando pertanto il massimo grado di efficienza, com- petenza ed integrità.
20. In materia di reclutamento sarà data piena attuazione al Regolamento 3.01 dello Statuto del personale d ell’OSCE, ivi incluso il principio che prevede il reclutamento di personale proveniente da tutti gli Stati partecipanti su una base di imparzialità.
21. Gli Stati partecipanti sono incoraggiati a presentare un maggior numero di candidate donne per incarichi presso l’OSCE, in particolare per le posizioni di livello superiore in cui le donne sono sottorappresentate; le misure da adottare a tal fine includeranno l’individuazione di fonti nazionali di reclutamento supplementari e l’istituzione di una rete di rapporti con organismi professionali che forniscano assistenza nel reperimento di candidati idonei. Un maggior numero di cittadini degli Stati partecipanti, in particolare le donne degli Stati partecipanti con economie in fase di transizione, dovrebbe essere informato circa i posti vacanti presso l’OSCE ed incorag- giato a presentare candidature.
22. Gli Stati partecipanti saranno incoraggiati ad elaborare elenchi di potenziali candidate donne, con particolare riguardo ai settori che richiedono competenze in cui le donne sono sottorappre- sentate.
23. Il Presidente in esercizio e il Segretariato svolgeranno un’attiva opera di promozione della nomina di candidate donne, in particolare per gli incarichi a livelli superiori, tenendo conto dello Statuto del personale d ell’OSCE.
24. Il Segretariato, nella formulazione degli annunci di posti vacanti, incoraggerà maggiormente le donne a presentare la loro candidatura.
25. Il Segretariato migliorerà inoltre la pianificazione delle risorse umane al fine di informare quanto prima possibile gli Stati partecipanti sugli imminenti posti vacanti, in modo che essi abbiano tempo sufficiente per la ricerca e la presentazione di qualificate candidature femminili.
26. Il Presidente in esercizio, il Segretario generale, i capi delle istituzioni e i capi missione si adope- reranno con continuità per migliorare il rapporto numerico tra uomini e donne a tutti i livelli. Ciò, assieme ai dati statistici sulle candidature femminili selezionate, sarà oggetto di verifica nel rap- porto di valutazione annuale sulle questioni attinenti alla parità fra i sessi nell’OSCE che il Segre- tario generale presenterà conformemente al paragrafo 47 del presente Piano di azione.
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27. La Sezione per le risorse umane svolgerà con regolarità, nell’ottica delle tematiche della parità, verifiche delle procedure di reclutamento e dei requisiti professionali richiesti, al fine di indivi- duare possibili pregiudizi e ostacoli nei confronti delle candidature femminili e avvierà, se neces- sario, una revisione di tali procedure, come appropriato.
28. La Sezione per le risorse umane si adopererà per assicurare che, nel reclutamento di personale per incarichi direttivi, siano invitati al colloquio preliminare, ove possibile, candidati di entrambi i sessi e che sia predisposto un elenco ristretto dei candidati, equilibrato dal punto di vista della parità fra i sessi, come appropriato. L’elenco ristretto dei candidati invitati a colloquio dovrebbe includere informazioni sul numero di uomini e di donne che hanno effettivamente presentato la loro candidatura per l’incarico.
29. La composizione delle commissioni di selezione dovrà essere, ove possibile, equilibrata dal punto di vista della rappresentanza dei sessi.
30. La Sezione per le risorse umane del Segretariato convocherà una riunione annuale di coordina- mento con le delegazioni e con esperti in materia di formazione/reclutamento delle capitali, al fine di scambiare informazioni sui profili e sulle competenze richieste, nonché sulle migliori prassi nella formazione preparatoria alle missioni. In occasione di tali riunioni saranno discusse inoltre le ini- ziative per conseguire un reclutamento equilibrato dal punto di visto della rappresentanza dei sessi.
31. Il Segretariato continuerà ad elaborare statistiche annuali che illustrino l’attuale distribuzione delle donne e degli uomini per categoria di incarichi ad ogni livello. Tali statistiche riguarderanno le istituzioni e le missioni, nonché ciascuna Sezione e unità nel Segretariato e saranno accluse al rapporto di valutazione annuale del Segretario generale sulle questioni attinenti alla parità fra i sessi cui si fa riferimento nel paragrafo 47 del presente Piano di azione.
(B) Accordare costantemente la dovuta considerazione alla prospettiva della parità fra i sessi nelle attività, nelle politiche, nei programmi e nei progetti d ell’OSCE
32. Gli Stati partecipanti, il Segretariato, le istituzioni e le missioni assicureranno che la prospet- tiva della parità fra i sessi sia integrata nelle attività, nei programmi e nei progetti d ell’OSCE al fine di promuovere la prassi dell’uguaglianza fra i sessi nell’area d ell’OSCE quale elemento essenziale per la sicurezza globale. Essi si concentreranno in particolare sul conferimento di poteri alle donne e sulla loro partecipazione alla vita pubblica, politica ed economica nel contesto dei processi demo- cratici ed economici degli Stati partecipanti. Il processo di accordare costantemente la dovuta con- siderazione agli aspetti legati alle differenze fra i sessi mirerà inoltre a superare stereotipi negativi e a cambiare la percezione di tali tematiche, nonché a sviluppare comportamenti volti a conseguire l’uguaglianza fra uomini e donne in tutti gli Stati partecipanti.
33. I consulenti in materia di parità del Segretariato, delle istituzioni e delle operazioni sul ter- reno saranno coinvolti tempestivamente ogniqualvolta vengano elaborate nuove direttive, norme e regolamenti. Nei loro rapporti periodici al Consiglio permanente, le missioni e le istituzioni informeranno il Consiglio, ove appropriato, sui progressi delle loro iniziative volte ad accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi, nonché sui pro- blemi che dovessero emergere.
34. Il Centro per la prevenzione dei conflitti (CPC) e in particolare il Nucleo per il coordinamento dei progetti (PCC) contribuiranno ad assicurare che vengano elaborate analisi in materia di ugua- glianza fra uomini e donne nel quadro dei nuovi progetti sviluppati dalle missioni, dalle istituzioni e dalle unità del Segretariato, nonché in sede di valutazione dei progetti in corso di attuazione.
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35. Il Segretariato e le istituzioni, nell’elaborare progetti e programmi per gli Stati partecipanti che non ospitano missioni OSCE, terranno conto della prospettiva della parità fra i sessi.
36. La prassi di accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi nelle attività, nelle politiche, nei progetti e nei programmi d ell’OSCE nel quadro della dimensione politico-militare terrà anche conto degli obblighi previsti dalla risoluzione 1325 del Consiglio di Sicurezza che esorta ad una maggiore partecipazione delle donne, tra l’altro nell’am- bito della prevenzione dei conflitti e dei processi di ricostruzione postconflittuale.
37. Gli Stati partecipanti, assistiti dalla Presidenza, dal Segretario generale e dai capi delle istitu- zioni, assicureranno che la programmazione di conferenze e seminari dell’OSCE nel quadro delle tre dimensioni tenga conto dell’aspetto dell’uguaglianza fra i sessi e comprenda, se del caso, temi ivi correlati.
38. Le istituzioni e le missioni che si occupano di questioni concernenti la parità fra i sessi, al fine di conseguire progressi tangibili in tale settore nel quadro delle attività, dei progetti e dei pro- grammi dell’OSCE, dovrebbero mettere a punto concreti meccanismi sui seguiti in cooperazione con altri Stati partecipanti.
39. Le missioni, ove appropriato, istituiranno gruppi di lavoro interni sulle questioni inerenti all’u- guaglianza fra i sessi, guidati dal funzionario di coordinamento in materia di parità al fine di defi- nire le strategie in tale settore, monitorarne l’attuazione e aumentare la visibilità delle loro attività. Sarà compito dei capi missione prevedere per i funzionari di coordinamento un livello sufficiente- mente elevato e assicurarsi che essi abbiano pieno accesso ai livelli direttivi.
40. La Sezione stampa e informazione al pubblico del Segretariato, le istituzioni e le missioni inco- raggeranno una copertura informativa equilibrata dal punto di vista della parità fra i sessi mettendo in risalto, come appropriato, le riunioni, i seminari, gli eventi speciali, i rapporti, gli avvenimenti significativi e gli sviluppi concernenti l’attuazione degli impegni OSCE in materia di parità fra i sessi.
IV. Promozione della parità fra i sessi negli Stati partecipanti
41. Gli Stati partecipanti, singolarmente e collettivamente, sono direttamente responsabili e deb- bono rendere conto ai propri cittadini dell’attuazione dei loro impegni in materia di uguaglianza di diritti e di pari opportunità per uomini e donne. Essi si sono impegnati a fare in modo che la questione della parità fra uomini e donne diventi parte integrante delle loro politiche sia a livello nazionale, che in seno all’Organizzazione. Essi assicureranno di utilizzare appieno i pertinenti fori d ell’OSCE per verificare l’attuazione degli impegni dell’Organizzazione in materia di parità.
42. Si raccomanda pertanto agli Stati partecipanti di: • assicurare che l’Organizzazione sviluppi politiche che promuovano efficacemente la parità fra i sessi e che le nuove proposte e iniziative tengano in considerazione una prospettiva di ugua- glianza; • istituire o rafforzare meccanismi esistenti atti a garantire la parità fra i sessi, mettendo anche a disposizione l’assistenza di una persona o di un organo imparziale e indipendente, come un difensore civico/commissario per i diritti dell’uomo, al fine di trattare le questioni inerenti alla discriminazione su base sessuale contro singoli cittadini; • rispettare ed attuare pienamente gli standard e gli impegni internazionali assunti in materia di parità, non discriminazione e diritti delle donne e delle ragazze;
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• ottemperare alla )Convenzione per l’eliminazione di ogni forma di discriminazione nei confronti della donna (CEDAW), qualora ne siano già parte o, diversamente, considerare di ratificarla o aderirvi. Gli Stati che hanno ratificato o aderito alla Convenzione avanzando riserve pren- deranno in considerazione il ritiro delle stesse. Gli Stati parte del CEDAW sono anche invitati a considerare di ratificare il Protocollo Opzionale alla Convenzione per l’eliminazione di ogni forma di discriminazione nei confronti della donna; • qualora essi siano Stati parte della Convenzione per l’eliminazione di ogni forma di discrimi- nazione nei confronti della donna (CEDAW), della Convenzione internazionale sui diritti civili e politici (ICCPR), e/o del Patto internazionale relativo ai diritti economici, sociali e culturali (ICESRC), presentare rapporti con regolarità e tempestività ai rispettivi organi e coinvolgere le organizzazioni delle donne nell’elaborazione degli stessi; • intraprendere ulteriori iniziative, ove necessario, al fine di garantire un ambiente sicuro per i propri cittadini e il diritto alla pari tutela in base alla legge, in particolare incrementando le attività volte a eliminare ogni forma di violenza nei confronti delle donne, inclusa la tratta di esseri umani* ed incoraggiare coloro che non l’abbiano ancora fatto a ratificare ed attuare la Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale, nonché il suo Protocollo per la prevenzione, la repressione e la punizione della tratta di esseri umani, in particolare di donne e bambini;
sostenere gli sforzi nazionali ed internazionali volti a consegnare alla giustizia coloro che hanno perpetrato reati contro le donne, riconosciuti dalle norme applicabili del diritto internazionale come crimini di guerra o crimini contro l’umanità, e assicurare che la legislazione nazionale vigente sulla violenza nei confronti delle donne sia applicata e che, ove necessario, siano elaborate nuove leggi; • come raccomandato nelle Linee guida sulla tutela internazionale in materia di persecuzione su base sessuale, nel contesto dell’Articolo 1A (2) della Convenzione relativa allo status dei rifu- giati del 1951 e/o del suo Protocollo relativo allo status dei rifugiati del 1967, introdurre prassi procedurali, qualora gli Stati non l’abbiano ancora fatto, che garantiscano alle donne richiedenti adeguata considerazione nelle procedure per la determinazione dello status di rifugiato e che sia accordato debito riconoscimento alle richieste avanzate per persecuzioni su base sessuale; • avvalersi dell’esperienza dell’OSCE al fine di sviluppare strategie e politiche paritarie transdi- mensionali ed includere nei seguiti di tali politiche, fra l’altro, l’utilizzo di pertinenti meccani- smi di analisi e monitoraggio atti a valutare l’impatto delle strategie e delle politiche in materia di parità, in modo da poter individuare e affrontare gli ostacoli che si frappongono alla loro piena attuazione.
V. Sostegno agli Stati partecipanti all’OSCE nell’attuazione di pertinenti impegni per la promozione della parità fra uomini e donne
Aree di interesse speciale per tutti gli Stati partecipanti all’OSCE
43. Le seguenti aree prioritarie costituiscono una base di riferimento per il Segretariato, le istituzioni e le missioni dell’OSCE da utilizzare per l’elaborazione di progetti e programmi volti ad assistere gli Stati partecipanti, su loro richiesta, nell’attuazione di pertinenti impegni. Tutte le strutture OSCE dovranno adoperarsi per rispettare tali priorità, come appropriato, nell’ambito dei loro mandati. I Paesi che non ospitano missioni sono inoltre invitati ad avvalersi appieno dell’esperienza delle
* Riferimento alla Decisione N.557 del Consiglio permanente del 24 luglio 2003 sull’adozione del Piano di azione dell’OSCE per la lotta alla tratta di esseri umani.
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strutture dell’OSCE per ricevere assistenza nella promozione della parità fra i sessi, non essendo essa pienamente realizzata in alcun Paese.
44. Priorità
(a) Sviluppo di progetti in Paesi OSCE che non ospitano missioni • in Paesi senza missioni, l ’ODIHR individuerà progetti volti a sostenere iniziative nel campo della prevenzione della violenza contro le donne, della promozione delle donne nei settori pubblico, politico ed economico, nonché del sostegno alla messa a punto di prassi volte ad accordare costan- temente la dovuta considerazione agli aspetti legati alle differenze fra i sessi a livello nazionale.
(b) Creazione di quadri giuridici e di politiche non discriminatori • l ’ODIHR, in cooperazione con altre organizzazioni internazionali e pertinenti organismi e isti- tuzioni nazionali, assisterà gli Stati partecipanti a ll’OSCE nell’ottemperare agli strumenti inter- nazionali per la promozione della parità fra i sessi e dei diritti della donna e nella verifica della legislazione, al fine di assicurare adeguate garanzie giuridiche per la promozione della parità in conformità con gli impegni d ell’OSCE e con altri impegni; • l ’ODIHR presterà assistenza nello sviluppo e nell’attuazione di specifici programmi ed attività al fine di promuovere i diritti delle donne, rafforzare il loro ruolo a tutti i livelli del potere deci- sionale, nonché promuovere l’uguaglianza fra uomini e donne in tutta l’area dell’OSCE, in par- ticolare attraverso l’educazione alla presa di coscienza sui temi della parità; • l’ODIHR presterà assistenza nell’attuazione e nella valutazione di strategie e piani di azione nazionali relativi a misure volte a promuovere la parità fra i sessi e la prassi di accordare costan- temente la dovuta considerazione agli aspetti legati alle differenze fra i sessi; • il Segretariato, le istituzioni e le operazioni sul terreno d ell’OSCE assisteranno inoltre gli Stati partecipanti nell’attuare le disposizioni e le raccomandazioni pertinenti, contenute nel Piano di azione d ell’OSCE per la lotta alla tratta di esseri umani e nel Piano di azione d ell’OSCE per migliorare la situazione dei Rom e dei Sinti nell’area d ell’OSCE.
(c) Prevenzione della violenza contro le donne* • le strutture d ell’OSCE continueranno ad assistere gli Stati partecipanti nell’elaborazione di pro- grammi e attività atti a prevenire tutte le forme di violenza su base sessuale†; • le strutture dell’OSCE assisteranno gli Stati partecipanti nelle loro iniziative legislative atte a prevenire la violenza contro le donne e promuoveranno la creazione di istituzioni, rafforzeranno il coordinamento fra le istituzioni governative e la società civile e svolgeranno un’attività di sen- sibilizzazione generale su tale problema; • le strutture d ell’OSCE, in cooperazione con gli Stati partecipanti, considereranno la dimen- sione della parità fra i sessi nell’ambito della proliferazione delle armi di piccolo calibro e leggere
* L’articolo 2(b) della Dichiarazione delle Nazioni Unite sull’eliminazione della discriminazione contro le donne recita: “Per violenza contro le donne si intenderà, fra l’altro: […] violenza fisica, sessuale e psicologica che si verifica in seno alla collettività, compresi lo stupro, l’abuso e le molestie sessuali, le intimidazioni sul posto di lavoro, negli istituti di istruzione o in altro luogo, la tratta di donne e la prostituzione forzata.” † La risoluzione delle Nazioni Unite su “Ulteriori azioni e iniziative finalizzate all’attuazione della Dichiarazione e della Piattaforma di azione di Pechino” (A/RES/S-23/3) del 16 novembre 2000, recita (paragrafo 59): “La vio- lenza su base sessuale, come le percosse e altre forme di violenza domestica, l’abuso sessuale, la schiavitù e lo sfruttamento sessuale, la tratta internazionale di donne e bambini, la prostituzione forzata e le molestie ses- suali… sono incompatibili con la dignità e il valore della persona umana…”
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(SALW). La proliferazione di SALW aggrava la violenza contro le donne e, pertanto, nelle per- tinenti iniziative, si dovrà tenere conto della prospettiva della parità; • l’Unità per le questioni strategiche di polizia (SPMU) potenzierà lo sviluppo di progetti al fine di assistere gli Stati partecipanti a reagire ai reati di violenza sessuale e ad includere nel pro- gramma di addestramento della polizia elementi quali speciali tecniche investigative e metodi per condurre i colloqui con le vittime di abusi sessuali, ivi inclusi i minori, nonché informazioni sui meccanismi di riferimento per l’assistenza alle vittime; • l’Ufficio del Coordinatore delle attività economiche e ambientali (OCEEA) e l’Unità di assistenza contro la tratta di esseri umani (ATAU), nel considerare le cause alla base della tratta di esseri umani assisterà, in coordinamento con le pertinenti istituzioni e strutture OSCE, gli Stati par- tecipanti ad affrontare la carenza di opportunità per le donne, la disoccupazione femminile ed altri aspetti della tratta attinenti alla parità fra i sessi, inclusa la domanda di sfruttamento ses- suale ed altre forme di sfruttamento; • l’Unità di azione contro il terrorismo (ATU) interverrà, su richiesta, in merito al problema dello sfruttamento delle donne da parte di terroristi per i propri fini e per diffondere ideolo- gie estremiste; • poiché stereotipi negativi nell’ambito della parità fra i sessi contribuiscono al persistere della violenza contro le donne, i programmi, i progetti e le attività d ell’OSCE dovrebbero avere come obiettivo il conferimento di poteri alle donne.
(d) Pari opportunità di partecipazione delle donne nella vita politica e pubblica • l’ODIHR assisterà gli Stati partecipanti a sviluppare misure efficaci volte a conseguire pari opportunità di partecipazione delle donne ai processi democratici e li assisterà nell’elaborazione di migliori prassi per la loro attuazione; • l’ODIHR e le operazioni sul terreno d ell’OSCE presteranno assistenza, come appropriato, nel potenziamento delle capacità e delle competenze locali in materia di parità fra i sessi, nonché delle reti di collegamento fra rappresentanti delle comunità ed esponenti politici; • l’ODIHR continuerà ad assistere gli Stati partecipanti nella promozione della partecipazione politica delle donne e continuerà, nel quadro della propria Missione di osservazione elettorale, a monitorare e a riferire in merito alla partecipazione delle donne ai processi elettorali.
Ove possibile, l ’ODIHR commissionerà e pubblicherà inoltre rapporti analitici specifici sulla situa- zione delle donne nei processi elettorali; • l’Alto commissario per le minoranze nazionali (ACMN) tratterà questioni specifiche relative alla partecipazione delle donne, appartenenti a minoranze nazionali, alla vita pubblica e privata e, nelle politiche e nei progetti elaborati dal suo ufficio, intraprenderà le iniziative necessarie per contrastare la doppia discriminazione cui esse sono sottoposte nel contesto del proprio man- dato per la prevenzione dei conflitti, come appropriato; • il Rappresentante dell’OSCE per la libertà dei mezzi d’informazione (RFOM) vigilerà sui pre- sunti casi di grave intolleranza verso le donne e di istigazione alla discriminazione sessuale nei media o da parte di essi negli Stati partecipanti, in conformità con il Capitolo 6 del mandato del RFOM. Il Rappresentante informerà gli Stati partecipanti di tali casi nei suoi regolari rapporti.
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(e) Sostegno alla partecipazione delle donne nella prevenzione dei conflitti, nella gestione delle crisi e nella ricostruzione postconflittuale • le strutture dell’OSCE promuoveranno, come appropriato nell’ambito del loro mandato, l’attua- zione della risoluzione 1325 del Consiglio di Sicurezza (2000) sul ruolo delle donne, fra l’altro, nella prevenzione dei conflitti e nella ricostruzione postconflittuale; • le strutture dell’OSCE assisteranno, come appropriato, gli Stati partecipanti nell’elaborazione di programmi e progetti volti a conseguire pari opportunità per la partecipazione delle donne alle iniziative di promozione della pace e della sicurezza, comprese quelle condotte a livello di base e regionale. Il conferimento di poteri alle donne nella dimensione politico-militare è altresì essenziale per la sicurezza globale.
(f) Promozione delle pari opportunità per le donne in ambito economico • L’OCEEA intraprenderà iniziative intese ad aumentare la sensibilizzazione sui diritti delle donne in ambito economico, come esposto nel paragrafo 40.6 del Documento di Mosca e, come appro- priato, svilupperà progetti volti alla sua attuazione; • l’OCEEA dovrà tenere conto di una prospettiva di parità fra i sessi nello svolgimento dei suoi compiti come enunciato nel Documento sulla strategia dell’OSCE per la dimensione economica ed ambientale, adottato dal Consiglio dei ministri di Maastricht nel 2003, nonché nel Docu- mento della Conferenza di Bonn sulla cooperazione economica in Europa; • l ’OCEEA assisterà; su richiesta; gli Stati partecipanti nella definizione delle loro politiche eco- nomiche sulla base dei principi enunciati nel Documento di Bonn e nel Documento sulla stra- tegia dell’OSCE per la dimensione economica e ambientale. A tale riguardo, l’OSCE dovrebbe proseguire e rafforzare la sua cooperazione con la Commissione economica per l’Europa delle Nazioni Unite e con altre organizzazioni; • l ’OCEEA esaminerà, congiuntamente con gli Stati partecipanti e con le missioni, gli ostacoli che impediscono alle donne di realizzare le loro potenzialità nella sfera economica, elaborerà inoltre progetti volti ad accrescere il ruolo della donna nelle attività economiche ed assicurerà che esse non siano discriminate in tale campo, in particolare rispetto all’accesso alle risorse economiche e finanziarie come mutui, diritti di proprietà e di successione e al loro controllo; • l’OCEEA e, come appropriato, le missioni dovrebbero promuovere lo sviluppo delle capacità imprenditoriali delle donne e di altre competenze professionali, sostenendo le strutture di for- mazione, riqualificazione e specializzazione, nonché promuovendo l’istruzione e la formazione delle donne e degli uomini in settori e occupazioni non tradizionali; • l ’OCEEA incoraggerà le organizzazioni di donatori e gli istituti di credito internazionali a soste- nere progetti destinati a migliorare il ruolo delle donne nelle attività economiche o ad assi- curare l’uguaglianza occupazionale. I progetti nel campo dell’occupazione dovrebbero dare rilievo al principio che gli accordi in materia di maternità e paternità sono un elemento fonda- mentale nella promozione delle pari opportunità e della condivisione delle responsabilità tra uomini e donne; • le strutture d ell’OSCE assisteranno gli Stati partecipanti nell’assicurare che le ragazze e i ragazzi, nonché le donne e gli uomini, godano di pari opportunità di accesso all’istruzione e alla for- mazione.
(g) Creazione di meccanismi nazionali per l’avanzamento delle donne • l’ODIHR continuerà a fornire competenze e sostegno per la creazione di istituzioni democra- tiche, come gli uffici del difensore civico a livello locale e nazionale, come appropriato, aventi
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il fine di promuovere la prassi di accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi; • l ’ODIHR agevolerà il dialogo e la cooperazione fra la società civile, i mezzi di informazione e il governo nella promozione della prassi di accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi.
(h) L’Assemblea parlamentare è incoraggiata a: • continuare a mantenere nel suo ordine del giorno la questione delle pari opportunità per uomini e donne nei parlamenti nazionali, nonché in seno a ll’OSCE e all’Assemblea parlamen- tare dell’OSCE, avendo incluso la discussione sulla parità fra i sessi nell’ordine del giorno delle Sedute plenarie dell’Assemblea; • sviluppare ulteriormente l’attuale rete di donne parlamentari attraverso l’attività del Rappre- sentante speciale per le pari opportunità dell’Assemblea parlamentare d ell’OSCE, al fine di pro- muovere la partecipazione delle donne alla vita politica e pubblica sia a livello nazionale che internazionale; • assicurare, con l’assistenza del Rappresentante speciale, di continuare ad avanzare raccoman- dazioni relative alla parità fra uomini e donne nelle sue dichiarazioni annuali; • continuare a produrre rapporti, attraverso l’Unità per le pari opportunità del Segretariato dell’As- semblea parlamentare dell’OSCE, sulla condizione delle donne nella regione dell’OSCE e ado- perarsi per elevare il livello di sensibilizzazione, mettendo a disposizione di tutti i parlamenti partecipanti tale materiale.
VI. Seguiti generali
45. Il Segretario generale, i capi missione e i capi delle istituzioni renderanno conto al Consiglio permanente dell’attuazione delle pertinenti parti del presente Piano di azione, conformemente alle loro rispettive responsabilità.
46. Il Segretario generale, prima dell’1 ottobre 2005, elaborerà un piano per l’attuazione di misure volte a conseguire gli obiettivi generali del presente Piano di azione. Anche i capi delle istituzioni elaboreranno separatamente i loro piani di attuazione entro tale data. Tali piani includeranno misure attuative concrete del Piano di azione 2004 per la promozione della parità fra i sessi, come pure misure concernenti programmi di formazione volti ad accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi nelle attività dei funzionari dell’OSCE e misure per dette finalità a livello transdimensionale nelle politiche, nei progetti e nei programmi dell’OSCE, nonché strategie di gestione e di reclutamento volte a conseguire un equilibrio parita- rio fra uomini e donne a tutti i livelli.
47. Il Segretario generale riferirà in merito ai progressi delle attività attinenti alla parità fra i sessi nel Rapporto annuale 2004. Il Segretario generale presenterà quindi un rapporto di valutazione annuale sulle questioni attinenti alla parità fra i sessi nel 2006. Tale rapporto sarà presentato al Con- siglio permanente ogni anno, nel mese di giugno, a partire dal 2006. Tali rapporti di valutazione conterranno contributi delle Sezioni, nonché delle istituzioni e missioni sugli sviluppi relativi alla parità fra i sessi e alla prassi di accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi nelle strutture d ell’OSCE, incluse informazioni sui piani menzio- nati nel precedente paragrafo 46. Essi comprenderanno analisi dei risultati alla luce dei requisiti del presente Piano di azione.
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48. A partire da giugno 2006, il Consiglio permanente, sulla base del rapporto di valutazione annuale del Segretario generale in merito alle questioni attinenti alla parità fra i sessi, terrà un dibattito annuale specificatamente dedicato a tali questioni, che riguarderà la verifica e se neces- sario l’aggiornamento delle politiche e delle strategie inerenti la prassi di accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi e la promozione delle parità. Tale dibattito dovrebbe inoltre monitorare l’attuazione del presente Piano di azione.
49. La necessità di includere, in cooperazione con i Paesi ospitanti, la prospettiva della parità fra i sessi nel mandato delle rispettive missioni potrà essere considerata, come e quando appropriato.
50. La prossima revisione del Piano di azione 2004 per la promozione della parità fra i sessi avrà luogo quando il Consiglio permanente deciderà in tal senso.
51. L’attuazione del presente Piano di azione richiede lo stanziamento di adeguate risorse.
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I. Dichiarazioni del Consiglio dei ministri
Dichiarazione del Consiglio dei ministri sulla Convenzione internazionale per la repressione degli atti di terrorismo nucleare
1. Noi, Ministri degli affari esteri degli Stati partecipanti a ll’OSCE, accogliamo con favore l’ado- zione da parte dell’Assemblea generale delle Nazioni Unite della Convenzione internazionale per la repressione degli atti di terrorismo nucleare.
2. Ci impegniamo ad adoperarci con ogni mezzo per firmare tale Convenzione internazionale il giorno della sua apertura alla firma presso la sede centrale delle Nazioni Unite a New York il 14 settembre 2005.
3. Incoraggiamo l’attuazione di tutte le misure necessarie per ratificare, accettare, approvare o dive- nire parte di tale Convenzione internazionale nel più breve tempo possibile.
4. Sollecitiamo il Segretario generale dell’OSCE e l’Ufficio per le istituzioni democratiche e i diritti dell’uomo ad offrire agli Stati partecipanti che ne fanno richiesta formale, e ove appropriato, assi- stenza/consulenza tecnica sulla tempestiva ratifica, accettazione o approvazione di tale Convenzione internazionale, in stretta collaborazione con l’Ufficio delle Nazioni Unite contro la droga e il crimine.
5. Invitiamo i Partner OSCE per la cooperazione e i Partner mediterranei per la cooperazione ad associarsi alla nostra iniziativa.
Dichiarazione del Consiglio dei ministri d ell’OSCE in occasione del 20° anniversario del disastro presso la centrale nucleare di Cernobyl
Il 26 aprile 2006 ricorrerà il 20° anniversario del disastro avvenuto presso la centrale nucleare di Cernobyl.
Nel commemorare tale tragico evento ricordiamo ancora una volta tutte le vittime, incluso il per- sonale delle operazioni di soccorso e recupero, della più grande catastrofe tecnologica del vente- simo secolo, sia in termini di portata che di conseguenze.
Tale disastro ha comportato la contaminazione radioattiva su vasta scala di un’ampia area dell’Eu- ropa, colpendo in particolare i territori della Belarus, della Federazione Russa e dell’Ucraina. L’in- cidente ha avuto conseguenze negative sulla vita e la salute di milioni di persone, in particolare di bambini, e ha imposto pesanti oneri all’economia e all’ambiente degli Stati maggiormente colpiti.
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Apprezziamo gli enormi sforzi messi in atto dai governi nazionali interessati per far fronte alle con- seguenze dell’incidente di Cernobyl. Tali sforzi sono stati integrati significativamente dalle iniziative di assistenza della comunità internazionale, ivi incluse le organizzazioni del sistema della Nazioni Unite, la Banca mondiale e la Banca europea per la ricostruzione e lo sviluppo (BERS), intese ad attenuare le conseguenze del disastro di Cernobyl. Esprimiamo inoltre il nostro apprezzamento per il contributo offerto dalle organizzazioni non governative, da iniziative private e dai singoli.
A tutt’oggi, tuttavia, le conseguenze a lungo termine del disastro, che comprendono problemi uma- nitari, ambientali, sociali, economici e sanitari, continuano a persistere. È, pertanto, necessario proseguire negli sforzi volti a mitigare tali conseguenze, ponendo l’accento su questioni di vitale importanza come la ripresa economica, il risanamento ambientale e lo sviluppo sostenibile dei territori colpiti.
Siamo altresì consapevoli del fatto che la centrale nucleare di Cernobyl continua a rappresentare una potenziale minaccia nel centro dell’Europa. A tale riguardo, si dovrebbe prestare particolare attenzione al completamento del Progetto di realizzazione della struttura di protezione, costruendo il principale elemento mancante: la nuova Struttura di sicurezza ad arco. Apprezziamo l’iniziativa della comunità internazionale di aumentare gli impegni finanziari a favore del Fondo BERS per la struttura di protezione di Cernobyl, portandoli quest’anno a oltre 1 miliardo di dollari.
Le questioni ambientali hanno sempre costituito parte del mandato dell’OSCE e rispecchiano l’ap- proccio globale dell’Organizzazione relativamente alla sicurezza e alla cooperazione. Nell’Atto finale di Helsinki abbiamo concordato di studiare, con l’intento di risolverli, quei problemi dell’ambiente che, per loro natura, hanno una dimensione multilaterale, bilaterale, regionale o subregionale, nonché di incoraggiare lo sviluppo di una impostazione interdisciplinare dei problemi ambientali.
In tale contesto l’OSCE continuerà a contribuire alle iniziative di cooperazione internazionale intese a mitigare le conseguenze dell’incidente di Cernobyl, anche partecipando e sostenendo pertinenti progetti, nonché a prestare appropriata assistenza e consulenza, in consultazione con gli Stati interessati.
Nel commemorare tale tragico evento, esprimiamo la nostra convinzione che il disastro di Cer- nobyl abbia dimostrato quanto sia importante per la comunità internazionale sviluppare e attuare politiche e strategie concordate, per assicurare l’esistenza di intese appropriate ai fini di prevenire e far fronte a incidenti tecnologici e alle loro conseguenze per gli esseri umani e per l’ambiente. Siamo inoltre convinti che, al fine di affrontare tali sfide in modo efficace, siano necessari sforzi concertati fra gli Stati interessati, le pertinenti organizzazioni internazionali, le istituzioni finan- ziarie e altri donatori interessati.
II. Concetto per la sicurezza e la gestione delle frontiere
Quadro di cooperazione fra gli Stati partecipanti a ll’OSCE
Capitolo I: Impegni degli Stati partecipanti a ll’OSCE
1. Riconoscendo che la sicurezza e la gestione delle frontiere è materia che rientra nell’ambito della sovranità nazionale e della responsabilità degli Stati, gli Stati partecipanti a ll’OSCE ricon- fermano il loro impegno a promuovere confini aperti e sicuri in un’area OSCE libera, democra- tica e più integrata, priva di linee divisorie. In tale contesto essi si impegnano altresì a cooperare in base ai principi del diritto internazionale, della fiducia reciproca, del partenariato paritario,
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della trasparenza e della prevedibilità, e a perseguire un approccio globale in uno spirito che faci- liti le relazioni amichevoli tra gli Stati.
2. Gli Stati partecipanti a ll’OSCE riconfermano gli obblighi e gli impegni assunti in materie ine- renti alle frontiere a tutti i livelli: 2.1 a livello globale: relativamente alla sicurezza e alla gestione delle frontiere, gli Stati parteci- panti a ll’OSCE riconfermano gli impegni assunti ai sensi del diritto internazionale, con partico- lare riguardo ai diritti dell’uomo, ai diritti dei rifugiati e al diritto umanitario, e possono anche prendere in considerazione gli standard stabiliti e le raccomandazioni formulate dall’Organizza- zione mondiale delle dogane, dall’Organizzazione internazionale per le migrazioni, dall’Organiz- zazione internazionale del lavoro, dall’Alto Commissario delle Nazioni Unite per i rifugiati e da altre organizzazioni internazionali pertinenti; 2.2 a livello dell’OSCE: gli Stati partecipanti riconfermano le norme, i principi, gli impegni e i valori sanciti nell’Atto finale di Helsinki, che si applicano indistintamente in modo uguale e senza riserve e che vengono interpretati singolarmente tenendo conto di tutti gli altri. Gli Stati parte- cipanti riconfermano i principi e gli impegni contenuti nel Documento di Copenaghen del 1990, nel Documento di Helsinki del 1992 e nella Carta per la sicurezza europea del 1999 e richiamano i piani d’azione, le decisioni ed altri pertinenti documenti concordati in seno a ll’OSCE che affron- tano le questioni inerenti alle frontiere. In particolare, il potenziamento delle capacità dell’OSCE di promuovere confini aperti e sicuri e il rafforzamento della cooperazione vicendevolmente utile fra gli Stati sono strumenti appropriati per affrontare le minacce del terrorismo, della crimina- lità organizzata, della migrazione clandestina e dei traffici illeciti di armi e di droga, nonché della tratta di esseri umani, come enunciato nel paragrafo 35 della Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo; 2.3 a livello regionale e subregionale: nello stesso spirito, gli Stati partecipanti riconfermano gli obblighi e gli impegni assunti nell’ambito di tutti i fori regionali e subregionali di cui siano parte e si impegnano a collaborare nell’ambito di tutte le organizzazioni e agenzie pertinenti, al fine di garantire politiche e standard coerenti ed evitare duplicazioni; 2.4 a livello bilaterale: in uno spirito di solidarietà e con l’obiettivo di instaurare relazioni di buon vicinato, gli Stati partecipanti rispetteranno gli accordi bilaterali da essi stipulati in materie inerenti alle frontiere e si adopereranno per promuovere la condivisione di esperienze e delle migliori prassi;
Capitolo II: Principali obiettivi della cooperazione
3. La cooperazione fra gli Stati partecipanti mira a promuovere l’attuazione degli impegni assunti in materie inerenti alle frontiere. Essa dovrebbe favorire il rispetto dei relativi standard di sicu- rezza e di gestione delle frontiere riconosciuti dagli Stati partecipanti, nonché il miglioramento di tali standard, tra l’altro, sulla base della condivisione delle migliori prassi.
4. Gli Stati partecipanti promuoveranno la cooperazione fra i rispettivi servizi di frontiera, autorità doganali, agenzie incaricate del rilascio di documenti di viaggio e visti, forze di polizia e agenzie per la migrazione, nonché fra altre pertinenti strutture nazionali, al fine di conseguire i seguenti obiettivi: 4.1 promuovere la libera e sicura circolazione di persone, beni, servizi e investimenti attraverso le frontiere, conformemente ai pertinenti ordinamenti giuridici, al diritto internazionale e agli impegni OSCE, tra l’altro, migliorando la sicurezza dei documenti di viaggio e favorendo, come appropriato, circostanze che consentano la liberalizzazione del regime dei visti, nello spirito degli impegni assunti nei documenti sopraccitati;
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4.2 ridurre la minaccia del terrorismo, anche prevenendo i movimenti attraverso le frontiere di per- sone, armi e capitali connessi ad attività terroristiche e ad altre attività criminali; 4.3 prevenire e reprimere la criminalità organizzata transnazionale, l’immigrazione clandestina, la corruzione, il contrabbando, il traffico di armi e di stupefacenti, nonché la tratta di esseri umani; 4.4 promuovere standard elevati nell’ambito dei servizi di frontiera e delle competenti strutture nazionali; 4.5 assicurare che tutte le persone che intendono attraversare le frontiere siano trattate in modo dignitoso, conformemente ai pertinenti quadri giuridici nazionali, al diritto internazionale, in parti- colare ai diritti dell’uomo, dei rifugiati e al diritto umanitario, nonché ai pertinenti impegni OSCE; 4.6 creare condizioni favorevoli per lo sviluppo sociale ed economico delle zone di confine, non- ché per la prosperità e lo sviluppo culturale dei cittadini appartenenti a tutte le comunità che risie- dono in tali zone, garantendo loro l’accesso a tutte le opportunità; 4.7 favorire prospettive di sviluppo economico congiunto, nonché la creazione di spazi comuni di libertà, sicurezza e giustizia nell’area d ell’OSCE; 4.8 garantire la sicurezza dei circuiti di trasporto internazionale dei prodotti di base.
Capitolo III: Principi della cooperazione fra gli Stati partecipanti all’OSCE in materie inerenti alle frontiere
Guidati dall’approccio cooperativo d ell’OSCE,
5. gli Stati partecipanti convengono che la comune prosperità e sicurezza può essere potenziata attraverso un incremento dei giovevoli movimenti di persone, beni, servizi e investimenti attra- verso le frontiere.
6. Le questioni di ordine normativo poste dai movimenti attraverso le frontiere possono essere meglio affrontate attraverso la cooperazione diretta tra i servizi di frontiera e le competenti strut- ture nazionali degli Stati partecipanti, sulla base di pertinenti accordi. Tali iniziative di coopera- zione dovrebbero aver luogo a livello bilaterale, regionale e multilaterale.
7. Le autorità nazionali competenti e in particolare i servizi di frontiera responsabili da ambo i lati delle frontiere dispongono della migliore conoscenza delle materie in oggetto. Il dialogo, la tra- sparenza e il rafforzamento della fiducia nei contesti transfrontalieri rappresentano i logici punti di partenza per la ricerca di soluzioni vantaggiose, a beneficio di tutti.
8. I confini nell’area d ell’OSCE non sono uniformi. Ogni linea di confine presenta un carattere peculiare e può richiedere l’adozione di specifiche scelte politiche. Ciascuno Stato partecipante ha il diritto sovrano di scegliere le modalità per garantire la sicurezza e la gestione delle proprie fron- tiere, tenendo conto delle pertinenti considerazioni di natura politica, militare, economica e sociale.
Capitolo IV: Contributo dell’OSCE
9. Conformemente al suo concetto di sicurezza comune, globale, cooperativa e indivisibile, l ’OSCE costituisce un contesto politico appropriato e offre il contributo delle sue strutture e delle sue isti- tuzioni. L’Organizzazione agisce su richiesta degli Stati partecipanti e in uno spirito di solida- rietà e di partenariato basato sull’interesse e sul rispetto reciproci. Nell’eventualità in cui l ’OSCE sia chiamata ad offrire il suo contributo in zone di confine tra Stati partecipanti, essa opererà in stretta consultazione con tali Stati partecipanti e tenendo conto del punto di vista da essi espresso.
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10. L’operato d ell’OSCE a sostegno della sicurezza e della gestione delle frontiere sarà basato sul realismo e sul pragmatismo. Utilizzerà al meglio le strutture e le istituzioni dell’Organizzazione, il cui rafforzamento dovrebbe essere considerato. Le attività dell’OSCE in materie inerenti alle fron- tiere sono soggette a un continuo riesame e monitoraggio periodico da parte degli organi decisio- nali dell’OSCE e attraverso le procedure di bilancio.
11. L’OSCE assicurerà un costante dialogo politico sulle questioni inerenti alle frontiere, attraverso dibattiti che si svolgeranno in seno ad un’appropriata struttura consultiva di lavoro sull’attuazione degli impegni e sul futuro sviluppo della cooperazione fra gli Stati partecipanti in tale settore e fornendo orientamenti alle strutture e alle istituzioni dell’OSCE riguardo alle pertinenti attività.
12. L’OSCE continua ad essere un foro per il dialogo e la risoluzione dei conflitti attraverso un dialogo pacifico. La Corte di conciliazione e di arbitrato dell’OSCE rappresenta al riguardo uno strumento di consultazione e di consulenza giuridica riservata, su richiesta degli Stati che ne rico- noscono la giurisdizione.
13. Il possibile contributo d ell’OSCE può concretizzarsi, tra l’altro, nei modi seguenti: • scambiando informazioni, esperienze e migliori prassi; • creando “punti di contatto” e uffici nazionali di coordinamento (focal points); • organizzando seminari e conferenze, anche con la partecipazione di esperti; • mantenendo i contatti e l’interazione con le competenti organizzazioni internazionali e regionali.
Un elenco più dettagliato dei possibili contributi d ell’OSCE è riportato in annesso.
Capitolo V: Cooperazione esterna d ell’OSCE con le organizzazioni e con i partner internazionali
14. L’OSCE può offrire la sua struttura organizzativa per l’interazione con le organizzazioni inter- nazionali, regionali e subregionali in materie inerenti alle frontiere, conformemente alla Piatta- forma per la sicurezza cooperativa.
15. L’assistenza e la cooperazione internazionale potrebbe beneficiare di un approccio più mirato e coordinato. L’OSCE dovrebbe continuare a coordinare con altre organizzazioni e istituzioni inter- nazionali, a livello politico e operativo, le iniziative per la promozione di frontiere aperte e sicure. I principi della complementarità, del vantaggio comparativo e del valore aggiunto dovranno sotten- dere tale approccio di coordinamento, tra l’altro, mediante azioni concertate e l’impiego comune di risorse internazionali.
16. Quale intesa regionale ai sensi del Capitolo VIII dello Statuto delle Nazioni Unite, l ’OSCE è anche un foro per la cooperazione con le organizzazioni subregionali presenti nella sua area. Un maggior coordinamento in materia di sicurezza e gestione delle frontiere a livello subregionale può costi- tuire un passo fondamentale per la creazione di frontiere aperte e sicure in tutta l’area dell’OSCE.
17. Le disposizioni contenute nel presente Concetto saranno condivise dai Partner per la coope- razione su base volontaria.
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Annesso al Documento MC.DOC/2/05/Corr.2 Possibili contributi d ell’OSCE
Su richiesta degli Stati partecipanti interessati e ove possano apportare un vantaggio compara- tivo e valore aggiunto, i contributi dell’OSCE, basati sugli insegnamenti appresi nella realizza- zione di programmi su materie inerenti alle frontiere, potrebbero concretizzarsi, fra l’altro, nelle forme qui di seguito specificate:
A. Promozione:
1. dialogo politico tra gli Stati partecipanti su materie inerenti alle frontiere, ivi inclusi i buoni uffici dell’OSCE;
2. misure di rafforzamento della fiducia nelle zone di confine, come enunciate nei pertinenti docu- menti dell’OSCE e nelle decisioni elaborate dal Foro di cooperazione per la sicurezza;
3. dialogo su aspetti tecnici tra i servizi di frontiera e le competenti strutture nazionali, attraverso scambi di informazioni a tutti i livelli;
4. possibili misure di mobilitazione e di coordinamento dell’assistenza.
B. Forme generali di contributo:
1. assistenza tecnica per l’elaborazione e l’attuazione di strategie e piani d’azione nazionali, sulla base dell’ottica delle autorità nazionali e dei loro esistenti impegni, qualora uno Stato lo richieda;
2. assistenza tecnica per l’elaborazione, l’adattamento e l’armonizzazione della pertinente legi- slazione;
3. assistenza tecnica per migliorare l’efficienza delle strutture di frontiera attraverso la condivi- sione delle migliori prassi;
4. assistenza tecnica per l’elaborazione e l’attuazione di progetti e programmi di formazione attra- verso la condivisione delle migliori prassi e scambi internazionali;
5. scambio generale di informazioni, creando, tra l’altro, una consapevolezza delle risorse e di tutte le esperienze internazionali disponibili, ivi incluse le nuove tecnologie e know-how ad esempio su controlli delle frontiere rapidi ed efficaci, sulla costruzione di posti di controllo alle frontiere ecc.;
6. individuazione di fonti per reperire attrezzature ed equipaggiamenti appropriati per I servizi di frontiera, in vista di una loro eventuale mobilizzazione.
C. Possibile assistenza specializzata nei seguenti settori:
1. lotta al terrorismo, alla criminalità organizzata transnazionale, alla migrazione clandestina e ai traffici illeciti di armi nucleari, biologiche, chimiche e convenzionali, nonché dei relativi vettori e dei materiali connessi, di rifiuti pericolosi, di stupefacenti, nonché alla tratta di esseri umani: (i) rafforzamento delle reti di scambio internazionale di informazioni concernenti le sopracci- tate minacce e sfide alla sicurezza; (ii) attività di formazione specializzata in materia penale per i servizi di frontiera e le compe- tenti strutture nazionali;
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(ii) individuazione di fonti per il reperimento di attrezzature ed equipaggiamenti specifici per la lotta alla criminalità e, ove possibile, mobilizzazione delle risorse disponibili; (iii) mezzi tecnici e non tecnici atti a individuare documenti di viaggio illegali o contraffatti, finalizzati al miglioramento della sicurezza dei documenti di viaggio e dei visti; (iv) iniziative volte a incoraggiare la conclusione e l’attuazione di accordi di cooperazione tran- sfrontaliera; (v) promozione dell’attuazione e dell’elaborazione di norme e prassi internazionali multilaterali, in conformità ai quadri giuridici internazionali relativi all’estradizione e ad altre forme di coope- razione giudiziaria su questioni penali connesse al terrorismo e ad altri reati gravi, sugli aspetti che riguardano la sicurezza e la gestione delle frontiere; (vi) potenziamento della cooperazione volta a prevenire e contrastare la minaccia dei traffici di stupefacenti.
2. circolazione libera e sicura delle persone: (i) assistenza tecnica e consulenza di esperti in merito alle procedure per l’uscita e l’entrata, inclusa la semplificazione delle procedure relative ai visti, come appropriato; (ii) consulenza di esperti sul rafforzamento della sicurezza dei documenti di viaggio; (iii) agevolazione della libera e sicura circolazione delle persone attraverso le frontiere; (iv) promozione e consulenza di esperti da parte delle strutture e delle istituzioni d ell’OSCE sui diritti e gli interessi di sviluppo delle persone appartenenti a tutte le comunità residenti in zone di confine, senza pregiudizio per le persone appartenenti alle minoranze nazionali; (v) attività di sensibilizzazione sui diritti dei migranti e dei richiedenti asilo.
3. settore economico e ambientale: (i) condivisione delle migliori prassi sulle procedure di attraversamento delle frontiere e sulle procedure doganali per le importazioni, le esportazioni e il transito, al fine di garantire, in par- ticolare, la sicurezza dei circuiti di trasporto internazionale; (ii) promozione della cooperazione economica transfrontaliera e agevolazione del commercio frontaliero locale; (iii) promozione della cooperazione transfrontaliera su questioni ambientali che abbiano un impatto sullo sviluppo delle comunità locali; (iv) facilitazione della cooperazione transfrontaliera in caso di calamità naturali o gravi inci- denti nelle zone di frontiera; (v) garanzia della sicurezza dei circuiti di trasporto internazionale per l’approvvigionamento di prodotti di base, anche attraverso la creazione di un sistema idoneo a fornire informazioni preliminari su beni e veicoli movimentati attraverso le frontiere.
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III. Decisioni del Consiglio dei Ministri
Decisione N.2/05
Migrazione
Il Consiglio dei ministri,
riaffermando gli impegni relativi alla migrazione, in particolare quelli concernenti i lavoratori migranti, ed altri pertinenti impegni, specialmente quelli riconosciuti nell’Atto finale di Helsinki (1975), nel Documento di Madrid (1983), nel Documento conclusivo di Vienna (1989), nel Docu- mento di Copenaghen (1990), nella Carta di Parigi per una nuova Europa (1990), nel Documento di Mosca (1991), nel Documento di Helsinki (1992), nel Documento di Budapest (1994) e nei docu- menti adottati dai Consigli dei ministri di Maastricht (2003) e di Sofia (2004),
riconoscendo la crescente importanza assunta dal fenomeno della migrazione, nonché le sfide e le opportunità che essa pone agli Stati partecipanti,
riconoscendo inoltre che la migrazione sta divenendo un fenomeno sempre più complesso e dai molteplici aspetti, che deve essere affrontato in modo globale e richiede pertanto un approccio transdimensionale a livello nazionale, regionale e internazionale,
riconoscendo che tutti gli Stati devono dotarsi di quadri nazionali efficaci per gestire la migra- zione, sottolineando che la migrazione è intrinsecamente un problema transnazionale che richiede la cooperazione tra Stati,
prendendo atto che la migrazione rappresenta un importante fattore economico, sociale ed umano per i Paesi ospitanti e per i Paesi di origine,
riconoscendo inoltre che valide politiche di integrazione, che includano il rispetto per la diversità culturale e religiosa, nonché la promozione e la tutela dei diritti umani e delle libertà fondamentali rappresentano uno dei fattori per promuovere la stabilità e la coesione all’interno delle nostre società,
decisi a combattere la migrazione clandestina e ad affrontare le cause che ne sono alla base,
tenendo conto dei diversi approcci adottati dagli Stati partecipanti nei confronti delle questioni migratorie e avvalendosi della loro esperienza e delle loro migliori prassi,
tenendo conto delle iniziative adottate e dei lavori svolti dall’OSCE nel 2005 per affrontare la que- stione della migrazione e dell’integrazione, in particolare il Seminario nel quadro della dimensione umana sulla migrazione e l’integrazione, il Tredicesimo Foro economico d ell’OSCE e il Semina- rio mediterraneo del 2005,
esprimendo soddisfazione per la cooperazione esistente in seno a ll’OSCE, in particolare tra l’Uf- ficio per le istituzioni democratiche e i diritti dell’uomo (ODIHR) e l’Ufficio del Coordinatore delle attività economiche e ambientali dell’OSCE (OCEEA) e le pertinenti organizzazioni e isti- tuzioni internazionali,
considerato che l ’OSCE, nel quadro del suo approccio globale alla sicurezza, potrebbe offrire con- tributi, tra l’altro, nei seguenti modi:
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• lavorando in sinergia e sviluppando un più solido partenariato con gli organismi internazionali che si occupano in modo specifico di migrazione, • facilitando il dialogo e la cooperazione tra gli Stati partecipanti, inclusi i paesi di origine, di tran- sito e di destinazione nell’aerea dell’OSCE, nonché i Partner dell’OSCE per la cooperazione e i Partner mediterranei per la cooperazione, • prestando assistenza agli Stati partecipanti, su loro richiesta, per l’elaborazione di efficaci poli- tiche migratorie e l’attuazione dei pertinenti impegni nel quadro d ell’OSCE, • invitando gli Stati partecipanti a considerare la possibilità di aderire agli strumenti internazio- nali in tale campo,
incarica il Consiglio permanente di dare seguito ai lavori iniziati nel 2005 e di riferire in merito alla Quattordicesima riunione del Consiglio dei ministri;
incarica il Segretario generale e le pertinenti istituzioni e strutture dell’OSCE di proseguire le loro attività sulle questioni migratorie in tutte le tre dimensioni.
Decisione N.3/05
Lotta alla criminalità organizzata transnazionale
Il Consiglio dei ministri,
1. riaffermando l’impegno degli Stati partecipanti a prevenire e combattere la criminalità orga- nizzata, come riconosciuto, in particolare, nella Carta per la sicurezza europea (1999), nel Piano di azione di Bucarest per la lotta al terrorismo (2001), nella Strategia d ell’OSCE per affrontare le minacce alla sicurezza e alla stabilità nel ventunesimo secolo (2003) e nel Documento sulla stra- tegia d ell’OSCE per la dimensione economica e ambientale (2003),
2. ribadendo la grave preoccupazione espressa nell’ambito dei Seguiti dei risultati del Vertice del millennio (Risultati del Vertice del millennio 2005) in merito agli effetti negativi che la crimina- lità organizzata ha sulla pace, la sicurezza e la stabilità e che sono di grande ostacolo alla prospe- rità e allo sviluppo sostenibile degli Stati partecipanti,
3. sottolineando l’esistenza di legami tra la criminalità organizzata transnazionale e altre minacce, come la droga, il terrorismo, il commercio illecito di armi di piccolo calibro e leggere, nonché di materiali e tecnologie sensibili, la tratta di esseri umani, il traffico di migranti, la criminalità cibernetica, la corruzione e la migrazione clandestina nel contesto della criminalità organizzata e il riciclaggio di denaro,
4. riconoscendo che la Convenzione delle Nazioni Unite contro la criminalità organizzata trans- nazionale, adottata il 15 novembre 2000 a New York dall’Assemblea generale delle Nazioni Unite, unitamente ai suoi Protocolli, rappresenta un importante passo in avanti nel contesto della coo- perazione internazionale contro la criminalità organizzata transnazionale e offre l’opportunità di una risposta globale al riguardo,
5. prendendo atto dei lavori in corso in seno a ll’OSCE nei settori connessi con la lotta alla crimi- nalità organizzata,
6. con la convinzione che il concetto di sicurezza globale d ell’OSCE sia particolarmente idoneo a potenziare la capacità di tutti gli Stati partecipanti di far fronte alla minaccia della criminalità
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organizzata e che l ’OSCE possa offrire un contesto adeguato per promuovere la lotta alla crimina- lità organizzata, nonché prendendo atto dell’importante lavoro svolto da pertinenti organizzazioni e istituzioni internazionali, in particolare dall’Ufficio delle Nazioni Unite contro la droga e il crimine, • sollecita gli Stati partecipanti a potenziare la cooperazione reciproca, nonché con l’UNODC, con il Consiglio d’Europa e con altre organizzazioni internazionali pertinenti; • invita gli Stati partecipanti a ll’OSCE che non l’abbiano ancora fatto a esaminare la possibilità di aderire alla Convenzione delle Nazioni Unite contro la criminalità organizzata transnazio- nale, adottata il 15 novembre 2000 a New York dall’Assemblea generale delle Nazioni Unite, nonché ai suoi Protocolli, e a dare piena attuazione ai loro obblighi ai sensi di tali strumenti; • incarica il Segretario generale di fornire agli Stati partecipanti che lo richiedano il sostegno necessario per mobilizzare l’assistenza tecnica delle pertinenti organizzazioni internazionali, ivi incluse le necessarie risorse e competenze, al fine di dare attuazione alla Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale e ai suoi Protocolli, a sostegno della Conferenza delle Parti e dell’UNODC e in stretta consultazione con essi; • ricorda che la prevenzione e la lotta alla criminalità organizzata richiedono un approccio coe- rente da parte degli Stati partecipanti, al fine di promuovere l’attuazione della legislazione e dei programmi nazionali pertinenti, in particolare nel campo della giustizia penale, nel rispetto dello stato di diritto e degli impegni assunti dagli Stati partecipanti a ll’OSCE; • incarica il Consiglio permanente di proseguire le attività di cooperazione fra gli Stati partecipanti e di elaborare, con l’appoggio del Segretario generale e delle pertinenti istituzioni dell’OSCE, possibili misure e forme di assistenza che potrebbero essere messe a disposizione degli Stati par- tecipanti che ne facciano richiesta, finalizzate a migliorare e a promuovere il funzionamento dei sistemi di giustizia penale, compresa la legislazione, l’applicazione della legge, i procedimenti giudiziari, l’amministrazione della giustizia, la cooperazione giudiziaria internazionale, anche in materia di estradizione, nonché il sistema penale, in consultazione con l ’UNODC, con il Con- siglio d’Europa e con altre organizzazioni internazionali pertinenti; • invita i Partner per la cooperazione e i Partner mediterranei per la cooperazione dell’OSCE ad attuare su base volontaria le pertinenti disposizioni della presente decisione.
Decisione N.4/05
Rafforzamento della cooperazione giudiziaria in materia penale per contrastare il terrorismo
Il Consiglio dei ministri,
deciso a rafforzare le attività dell’OSCE nell’ambito della lotta al terrorismo, conformemente al diritto internazionale e agli esistenti impegni d ell’OSCE,
richiamando le risoluzioni 1373 (2001), 1566 (2004) e 1624 (2005) del Consiglio di sicurezza delle Nazioni Unite, che esortano tutti gli Stati ad aderire quanto prima alle pertinenti convenzioni e protocolli internazionali in materia di terrorismo e a cooperare pienamente nella lotta al terro- rismo e ricordando inoltre i pertinenti impegni d ell’OSCE in tale ambito,
ricordando altresì la risoluzione 1631 (2005) del Consiglio di sicurezza delle Nazioni Unite, in par- ticolare laddove si esortano “tutte le pertinenti organizzazioni regionali e subregionali ad accre- scere l’efficacia delle proprie iniziative antiterrorismo nell’ambito dei rispettivi mandati in vista,
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tra l’altro, di potenziare la capacità di coadiuvare gli Stati partecipanti nelle iniziative volte a con- trastare le minacce alla pace e alla sicurezza internazionale poste dagli atti di terrorismo”,
rallegrandosi degli sforzi in atto in seno alle Nazioni Unite per finalizzare tempestivamente il pro- getto di una convenzione globale sul terrorismo,
riconoscendo che le convenzioni e i protocolli sopraccitati rappresentano un regime giuridico universale contro il terrorismo e che, in assenza di trattati bilaterali di assistenza giudiziaria reci- proca e di estradizione, essi potrebbero, unitamente alla Convenzione delle Nazioni Unite con- tro la criminalità organizzata transnazionale (Convenzione di Palermo), costituire una base per la cooperazione giudiziaria,
rilevando i legami che esistono tra il terrorismo e la criminalità organizzata transnazionale,
rilevando l’importanza della Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale,
prendendo atto con apprezzamento dell’iniziativa adottata dal Segretariato dell’OSCE, su richiesta della Direzione esecutiva del Comitato antiterrorismo delle Nazioni Unite, di sviluppare nell’area dell’OSCE un programma per il rafforzamento della cooperazione giudiziaria su questioni penali connesse al terrorismo e di organizzare, come prima iniziativa, un Seminario di esperti su tale tema, tenutosi a Vienna il 15 aprile 2004,
rilevando inoltre la positiva collaborazione tra l ’OSCE e l’Ufficio delle Nazioni Unite contro la droga e il crimine (UNODC), nonché i validi strumenti di assistenza tecnica messi a punto d all’UNODC per attuare le convenzioni e i protocolli universali contro il terrorismo e promuovere la coopera- zione giudiziaria in materia penale, in particolare nei casi connessi al terrorismo,
tenendo conto delle raccomandazioni formulate dai partecipanti alla Conferenza annuale di rie- same sulla sicurezza del 2005, concernenti l’ulteriore sviluppo della cooperazione con l ’UNODC, il sostegno alle sue iniziative finalizzate a rafforzare il regime giuridico contro il terrorismo e la promozione dei suoi strumenti di assistenza tecnica, in particolare, il software per la redazione della richiesta di assistenza giudiziaria reciproca, agevolando, tra l’altro, la formazione e la diffu- sione delle migliori prassi per gli operatori giudiziari,
decide che gli Stati partecipanti coopereranno attivamente e pienamente fra di loro, in conformità con le norme applicabili ai sensi del diritto nazionale ed internazionale, nell’ambito di iniziative volte ad individuare e a portare in giudizio i responsabili, gli organizzatori, i sostenitori e i finan- ziatori di atti terroristici, sulla base del principio di estradare o giudicare,
invita gli Stati partecipanti a considerare i suggerimenti contenuti nel rapporto del Seminario OSCE di esperti sul rafforzamento della cooperazione giudiziaria su questioni penali connesse al terro- rismo (SEZ. GAL/111/05 del 18 maggio 2005), quale gamma di opzioni per migliorare la coope- razione internazionale;
incarica il Segretario generale e le pertinenti istituzioni di prestare assistenza agli Stati parteci- panti che lo richiedano nell’adempimento degli impegni assunti in relazione alla lotta al terrori- smo. L’OSCE continuerà a collaborare con l ’UNODC ai fini del rafforzamento del regime giuridico contro il terrorismo, promuovendo l’attuazione degli strumenti universali antiterrorismo e facili- tando la cooperazione giudiziaria internazionale su questioni penali;
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incarica il Segretario generale di organizzare nel 2006, in coordinamento con la Presidenza in esercizio e in cooperazione con l’UNODC, un seminario OSCE di esperti a Vienna, allo scopo di promuovere gli strumenti di assistenza tecnica d ell’UNODC per migliorare la cooperazione giu- diziaria internazionale su questioni in materia penale, in particolare il software per la redazione della richiesta di reciproca assistenza giudiziaria, anche facilitando la formazione e la diffusione delle migliori prassi per gli operatori giuridici;
incarica il Segretario generale di organizzare per gli Stati partecipanti che ne facciano richiesta, in stretta cooperazione con l ’UNODC, seminari nazionali di formazione per magistrati e funzio- nari delle autorità giudiziarie su questioni riguardanti l’estradizione e la reciproca assistenza giu- diziaria in materia penale, in particolare nei casi connessi al terrorismo.
Decisione N.10/05
Tolleranza e non discriminazione: promuovere il rispetto e la comprensione reciproca
Il Consiglio dei ministri,
riconoscendo che il rispetto dei diritti umani e delle libertà fondamentali, della democrazia e dello stato di diritto è al centro del concetto globale di sicurezza d ell’OSCE,
richiamando gli impegni assunti nel campo della tolleranza e della non discriminazione, sanciti nell’Atto finale di Helsinki del 1975, nella Carta di Parigi per una nuova Europa del 1990, nella Carta per la sicurezza europea del 1999, nella Decisione N.4/03 sulla tolleranza e la non discrimi- nazione, adottata dall’Undicesima riunione del Consiglio dei ministri (Maastricht, 2003), e nella Decisione N.12/04 sulla tolleranza e la non discriminazione, adottata dalla Dodicesima riunione del Consiglio dei ministri (Sofia, 2004),
rammentando l’obiettivo dell’OSCE di promuovere la tolleranza e la non discriminazione, dichia- rato nelle Conferenze di Vienna del 2003 sull’antisemitismo e sul razzismo, la xenofobia e la discri- minazione, nella Conferenza di Berlino dell’aprile 2004 sull’antisemitismo, nella Riunione di Parigi del giugno 2004 sul rapporto tra la propaganda razzista, xenofoba e antisemita in Internet e i cri- mini ispirati dall’odio, nella Conferenza del settembre 2004 sulla tolleranza e la lotta al razzismo, alla xenofobia e alla discriminazione, tenutasi a Bruxelles e nella Conferenza di Cordova del giugno 2005 sull’antisemitismo e su altre forme di intolleranza, e ricordando gli esiti di tali conferenze,
ribadendo la determinazione ad attuare gli esistenti impegni d ell’OSCE nel campo della tolleranza e della non discriminazione, nonché della libertà di pensiero, coscienza, religione o credo e richia- mando altri pertinenti obblighi internazionali,
sottolineando la necessità di prendere posizione in modo coerente e inequivocabile contro atti e manifestazioni ispirati dall’odio, in particolare nei discorsi politici, e di adoperarsi in favore della tolleranza, del rispetto e della comprensione reciproca,
ricordando l’importanza di promuovere e facilitare il dialogo e il partenariato interculturale e inter- religioso, ai fini della tolleranza, del rispetto e della comprensione reciproca, sia a livello nazio- nale che a livello internazionale,
272 rilevando con apprezzamento l’annuncio da parte del Segretario generale delle Nazioni Unite sulla creazione dell’“Alleanza delle civiltà” nonché sull’istituzione del Gruppo ad alto livello di personalità eminenti per l’Alleanza delle civiltà ed esprimendo il proprio interesse per gli esiti di tale iniziativa,
rammentando le Decisioni N.607, 621 e 633 del Consiglio permanente, nonché le dichiarazioni rese dal Presidente in esercizio dell’OSCE nel 2004: la “Dichiarazione di Berlino”, la “Dichiara- zione di Bruxelles” e le “Conclusioni di Parigi”,
apprezzando il lavoro svolto dai tre Rappresentanti personali del Presidente in esercizio, quale parte dello sforzo complessivo dell’OSCE per combattere la discriminazione e promuovere la tolleranza, il rispetto, la comprensione reciproca e per far emergere una consapevolezza di tale fenomeno,
1. esprime apprezzamento per la dichiarazione resa dal Presidente in esercizio in occasione della Conferenza dell’OSCE sull’antisemitismo e su altre forme di intolleranza, tenutasi a Cordova l’8 e il 9 giugno 2005: “Dichiarazione di Cordova”;
2. accoglie con favore la creazione del programma dell’ODIHR sulla tolleranza e la non discri- minazione;
3. respinge l’identificazione del terrorismo e dell’estremismo violento con qualsiasi religione o credo, cultura, gruppo etnico, nazionalità o razza;
4. decide che l’OSCE dovrà continuare a sensibilizzare l’opinione pubblica e a sviluppare misure per combattere i pregiudizi, l’intolleranza e la discriminazione, nel rispetto dei diritti umani e delle libertà fondamentali, inclusa la libertà di pensiero, di coscienza, di religione o credo di ciascun indi- viduo senza distinzioni basate, tra l’altro, su razza, colore, sesso, lingua, religione o credo, opinione politica o di altro tipo, origine nazionale o estrazione sociale, proprietà, nascita o altra condizione;
5. decide che gli Stati partecipanti, nell’adoperarsi per attuare i loro impegni in favore della tolle- ranza e della non discriminazione, concentreranno le loro attività, tra l’altro, nel campo della legi- slazione, dell’ordine pubblico, dell’educazione, dei mezzi di comunicazione, della raccolta di dati, della migrazione e dell’integrazione, della libertà religiosa, del dialogo interculturale e interreli- gioso, e si impegneranno a: 5.1. considerare la possibilità di accrescere i propri sforzi per assicurare che la legislazione nazio- nale, le politiche e le procedure garantiscano ad ogni individuo una tutela giuridica paritaria ed effettiva e vietino atti di intolleranza e discriminazione, conformemente ai pertinenti impegni dell’OSCE e ai pertinenti obblighi internazionali da essi assunti; 5.2 adottare ulteriori iniziative al fine di assicurare che i funzionari pubblici, in particolare i mem- bri delle forze di polizia, ricevano una formazione adeguata su come rispondere ai crimini ispirati dall’odio e come prevenirli e, a tale riguardo, valutare la possibilità di mettere a punto programmi che prevedano tale formazione e di avvalersi dell’esperienza dell’ODIHR in tale campo, nonché di condividere le migliori prassi; 5.3 incoraggiare programmi educativi pubblici e privati che promuovano la tolleranza e la non discriminazione, nonché la consapevolezza dell’esistenza e dell’inaccettabilità di tali fenomeni e, a tale riguardo, considerare la possibilità di avvalersi dell’esperienza e dell’assistenza dell’ODIHR al fine di sviluppare metodi e programmi di educazione alla tolleranza in generale, che includano i seguenti elementi: • lotta ai pregiudizi razziali, all’odio, alla xenofobia e alla discriminazione;
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• educazione relativa all’Olocausto e la sua memoria, nonché altri genocidi, riconosciuti tali in conformità alla Convenzione del 1948 per la prevenzione e la repressione del crimine di geno- cidio e dei crimini contro l’umanità; • educazione in materia di antisemitismo, al fine di assicurare un approccio educativo sistema- tico in tale campo, che comprenda programmi relativi alle forme contemporanee di antisemi- tismo negli Stati partecipanti; • lotta ai pregiudizi, all’intolleranza e alla discriminazione contro cristiani, musulmani e mem- bri di altre religioni; 5.4 considerare la possibilità di sviluppare, in stretta cooperazione con la società civile, misure concrete che non pregiudichino la libertà di informazione e di espressione, al fine di contrastare gli stereotipi xenofobi, l’intolleranza e la discriminazione nei mezzi di comunicazione e di inco- raggiare programmi che educhino i bambini e i giovani in merito ai pregiudizi e ai preconcetti cui possono imbattersi nei mass-media o in Internet; 5.5 intensificare gli sforzi volti a raccogliere e conservare informazioni e statistiche affidabili sui crimini ispirati dall’odio e sulla relativa legislazione nell’ambito dei loro territori, presentare perio- dicamente tali informazioni a ll’ODIHR e rendere tali informazioni disponibili al pubblico non- ché considerare la possibilità di avvalersi dell’assistenza d ell’ODIHR in tale campo e, a tal fine, considerare di creare uffici nazionali di collegamento presso l’ODIHR per questioni attinenti ai crimini ispirati dall’odio; 5.6 continuare, se necessario con l’appoggio delle pertinenti strutture, istituzioni e operazioni sul terreno dell’OSCE, ad affrontare il fenomeno della migrazione e dell’integrazione nel rispetto della diversità culturale e religiosa, quale parte degli sforzi complessivi dell’OSCE per promuovere la tolleranza, il rispetto e la comprensione reciproca e per combattere la discriminazione, nonché per promuovere il rispetto dei diritti umani e delle libertà fondamentali; 5.7 dare seguito al lavoro svolto finora dall’OSCE per promuovere la tolleranza e la non discrimi- nazione, anche attraverso riunioni tematiche di esperti sull’attuazione, da tenersi nel 2006, e con- siderare la possibilità di organizzare una conferenza d ell’OSCE nel 2007;
6. incarica l ’ODIHR di: 6.1 prestare assistenza agli Stati partecipanti, su richiesta di questi ultimi, nello sviluppo di appro- priate metodologie e capacità per la raccolta e la gestione di informazioni e statistiche attendibili sui crimini ispirati dall’odio e sulle manifestazioni violente di intolleranza e discriminazione, al fine di coadiuvarli nella raccolta di dati e statistiche comparabili; 6.2 continuare la cooperazione con altre strutture e istituzioni d ell’OSCE, nonché con il Comi- tato delle Nazioni Unite per l’eliminazione della discriminazione razziale (UNCERD), con l’Ufficio dell’Alto commissario delle Nazioni Unite per i diritti dell’uomo (UNHCHR), con la Commissione europea contro il razzismo e l’intolleranza (ECRI), con il Centro europeo di monitoraggio sul raz- zismo e la xenofobia (EUMC), con la Task Force per la cooperazione internazionale sull’Olocausto nei settori dell’educazione, della memoria e della ricerca, nonché con altre pertinenti istituzioni e con la società civile, comprese le organizzazioni non governative; 6.3 mediante il suo Gruppo consultivo di esperti sulla libertà di religione o di credo, continuare a fornire sostegno agli Stati partecipanti, su richiesta di questi ultimi, per iniziative volte a pro- muovere la libertà di religione o di credo, e condividere con gli Stati partecipanti a ll’OSCE le con- clusioni e le opinioni del Gruppo, sia a livello bilaterale, sia in occasione di pertinenti conferenze ed eventi d ell’OSCE;
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7. decide di offrire un appropriato contributo all’iniziativa “Alleanza delle civiltà”, attraverso la promozione del dialogo interculturale e interreligioso e la promozione della comprensione e del rispetto reciproco, nonché dei diritti umani in tutta l’area d ell’OSCE e a tale riguardo incarica: 7.1 il Presidente in esercizio dell’OSCE di informare il Segretario generale delle Nazioni Unite in merito alla presente decisione e all’interesse dell’OSCE di sostenere l’iniziativa “Alleanza delle civiltà”; 7.2 il Segretario generale di fornire, in cooperazione con gli Stati partecipanti e avvalendosi dell’e- sperienza delle strutture e delle istituzioni d ell’OSCE, in particolare d ell’ODIHR, un contributo dell’OSCE all’iniziativa “Alleanza delle civiltà” e di informare al riguardo il Gruppo ad alto livello dell’Alleanza delle civiltà entro la fine di giugno del 2006.
Decisione N.11/05
Promozione dell’educazione e della formazione in materia di diritti umani nell’area dell’OSCE
Il Consiglio dei ministri,
riaffermando gli impegni degli Stati partecipanti nel campo dell’educazione e della formazione in materia di diritti umani, in particolare gli impegni derivanti dall’Atto finale di Helsinki del 1975, dal Documento di Copenaghen del 1990, dal Documento di Mosca del 1991, dalla Carta per la sicurezza europea del 1999, dalla Strategia d ell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo, adottata nel 2003, e da tutti gli altri pertinenti documenti e decisioni concordati d all’OSCE,
riconoscendo che la promozione dei diritti umani attraverso l’educazione e la formazione nell’intera area dell’OSCE potrebbe essere considerata nel contesto del concetto globale di sicurezza dell’OSCE e che essa è di fondamentale importanza per accrescere il rispetto dei diritti umani e delle libertà fondamentali e per promuovere la tolleranza e la non discriminazione,
riconoscendo i vantaggi di una cooperazione articolata, che preveda consultazioni, cooperazione e coordinamento con organizzazioni internazionali e regionali pertinenti, nonché i benefici che i Paesi possono trarre dalle esperienze e dalle capacità reciproche nel campo dell’educazione e della formazione in materia di diritti umani,
tenendo conto delle iniziative di altre organizzazioni internazionali, tra cui il Programma mon- diale di educazione ai diritti umani delle Nazioni Unite, il Programma di educazione alla cittadi- nanza democratica e il Programma per i giovani “tutti diversi tutti uguali” del Consiglio d’Europa, l’Iniziativa europea per la democrazia e i diritti umani dell’UE, nonché i programmi adottati a livello nazionale,
riconoscendo il contributo dell’ODIHR e di altre strutture, istituzioni e operazioni sul terreno dell’OSCE nella promozione dell’educazione e della formazione in materia di diritti umani, in cooperazione con gli Stati partecipanti,
impegnato a potenziare ulteriormente gli sforzi d ell’OSCE volti a promuovere i programmi di edu- cazione e di formazione in materia dei diritti umani nell’area dell’Organizzazione, nonché ad offrire agli Stati partecipanti, su loro richiesta, il sostegno dell’Organizzazione nella realizzazione dei rispettivi programmi nazionali nel campo dell’educazione ai diritti umani,
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invita gli Stati partecipanti, con la partecipazione della società civile, a potenziare ulteriormente programmi sistematici di educazione e di formazione in materia di diritti umani intesi a promuo- vere il rispetto per la dignità intrinseca degli esseri umani e a fare dei diritti umani una realtà per ogni singolo individuo in tutte le comunità e nella società in generale;
decide di potenziare gli sforzi dell’OSCE, in cooperazione con altre organizzazioni internazionali e non governative, volti ad adottare le necessarie misure per promuovere l’educazione e la forma- zione in materia di diritti umani, con particolare riguardo ai giovani nell’area d ell’OSCE;
incarica l ’ODIHR, tenendo conto della pertinente competenza ed esperienza acquisita dalle strut- ture, dalle istituzioni e dalle operazioni sul terreno dell’OSCE, nonché dagli Stati partecipanti di: • produrre, ad uso degli Stati partecipanti, una raccolta delle migliori prassi per migliorare la pro- mozione dell’educazione e della formazione in materia di diritti umani nell’area dell’OSCE, inclusa la promozione della tolleranza, del rispetto e della comprensione reciproca e della non discriminazione.
Decisione N.12/05
Tutela dei diritti umani e dello stato di diritto nei sistemi di giustizia penale
Il Consiglio dei ministri,
riconoscendo che il pieno rispetto dei diritti dell’uomo e delle libertà fondamentali, nonché lo svi- luppo di società basate sulla democrazia pluralistica e sullo stato di diritto rappresenta un presup- posto per conseguire una pace, una sicurezza, una giustizia e una stabilità durevoli,
riaffermando gli impegni relativi allo stato di diritto contenuti nell’Atto finale di Helsinki del 1975, nel Documento conclusivo di Vienna del 1989, nel Documento di Copenaghen del 1990 e nel Docu- mento di Mosca del 1991, nonché gli impegni assunti in occasione del Vertice OSCE di Budapest del 1994 ed altri pertinenti impegni OSCE, e ricordando i pertinenti obblighi internazionali, tra cui il Patto internazionale relativo ai diritti civili e politici e la Convenzione delle Nazioni Unite contro la tortura e altre pene o trattamenti crudeli, disumani o degradanti,
ribadendo che le attività di governo, dell’amministrazione pubblica e della magistratura devono essere esercitate conformemente al sistema stabilito dalla legge e in linea con i pertinenti impe- gni OSCE, nonché con gli obblighi internazionali assunti dagli Stati partecipanti, e che il rispetto di tale sistema deve essere garantito,
considerando che lo stato di diritto non significa una mera legalità formale che assicura regola- rità e coerenza nel perseguire e far rispettare l’ordine democratico, bensì una giustizia basata sul riconoscimento e sulla piena accettazione del valore supremo della personalità umana, garantita da istituzioni che forniscono un contesto per la sua più completa espressione,
riconoscendo che lo stato di diritto deve essere basato sul rispetto dei diritti umani internazional- mente riconosciuti, compreso il diritto a un giusto processo, il diritto ad un’effettiva possibilità di ricorso e il diritto a non essere sottoposti ad arresto o detenzione arbitrari,
riconoscendo che una magistratura imparziale e indipendente svolge un ruolo vitale nel garantire giusti processi e nel tutelare i diritti umani prima, durante e dopo i processi,
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riconoscendo che gli avvocati della difesa svolgono, nel sistema di giustizia penale, un ruolo fon- damentale nell’assicurare il diritto a un giusto processo e nella promozione e tutela di altri diritti umani,
sottolineando la necessità di pronunciarsi pubblicamente contro la tortura e ricordando che ogni forma di tortura e di altri trattamenti o pene crudeli, disumani o degradanti sono e continueranno ad essere proibiti sempre ed ovunque e pertanto non potranno mai essere giustificati, nonché richiamando l’attenzione sulla necessità di rafforzare la salvaguardia procedurale al fine di pre- venire la tortura e di portare in giudizio i responsabili, prevenendo in tal modo l’impunità per gli atti di tortura e esortando gli Stati partecipanti a considerare di sottoscrivere e ratificare tempe- stivamente il Protocollo Opzionale della Convenzione contro la tortura,
decide di: • riservare nel 2006 una maggiore attenzione ai temi dello stato di diritto e del giusto processo nei sistemi di giustizia penale e di darvi seguito, tra l’altro, incoraggiando gli Stati partecipanti a migliorare l’attuazione degli impegni esistenti, avvalendosi anche delle competenze d ell’ODIHR e in stretta collaborazione con altre pertinenti organizzazioni internazionali, al fine di evitare inutili duplicazioni;
incarica l ’ODIHR ed altre pertinenti strutture d ell’OSCE di: • prestare assistenza agli Stati partecipanti affinché possano condividere validi esempi ed espe- rienze, come pure le migliori prassi per migliorare i sistemi di giustizia penale; • assistere gli Stati partecipanti, su loro richiesta, nel rafforzare le capacità istituzionali degli avvo- cati difensori nella tutela e nella difesa dei diritti dei loro clienti.
Decisione N.13/05
Lotta alla tratta di esseri umani
Il Consiglio dei ministri,
riconfermando le Decisioni N.2/03 e 13/04 del Consiglio dei ministri, nonché altri impegni dell’OSCE intesi a combattere la tratta di esseri umani in tutte le sue forme e a tutti gli effetti, aderendo ai quali gli Stati partecipanti hanno chiaramente dimostrato la volontà politica di elimi- nare questa forma contemporanea di schiavitù che offende la dignità umana e pregiudica il godi- mento dei diritti umani e delle libertà fondamentali,
ricordando gli obblighi internazionali assunti dagli Stati partecipanti a ll’OSCE che hanno firmato e ratificato la Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale, nonché il relativo Protocollo aggiuntivo per la prevenzione, la repressione e la punizione del traf- fico di persone, specialmente di donne e bambini e il Protocollo Opzionale alla Convenzione sui Diritti del Bambino sulla vendita di bambini, la prostituzione e la pornografia infantile, nonché altri pertinenti trattati internazionali a cui gli Stati partecipanti a ll’OSCE hanno aderito,
prendendo atto della Convenzione del Consiglio d’Europa sulla lotta contro la tratta di esseri umani, che rappresenta il primo trattato regionale in questo campo, incentrato principalmente sulla tutela delle vittime della tratta nonché sulla prevenzione di questo orrendo crimine e sulla necessità di perseguire i responsabili,
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esprimendo compiacimento per i progressi compiuti dagli Stati partecipanti nell’attuazione del Piano d’azione d ell’OSCE per la lotta alla tratta di esseri umani, che fornisce un complesso di stru- menti per assistere le autorità e la società civile nel prevenire la tratta, portare in giudizio i respon- sabili e proteggere le vittime,
richiamando l’attenzione sulla necessità di migliorare le misure summenzionate, sviluppare potenti reti antitraffico operanti a livello multilaterale, regionale e bilaterale e di attuare efficacemente gli impegni assunti, fornendo pieno supporto e assistenza agli Stati partecipanti, su loro richiesta, attraverso le strutture, le istituzioni e le operazioni sul terreno d ell’OSCE,
ribadendo il ruolo unico dell’OSCE come catalizzatore delle iniziative congiunte di organizzazioni internazionali volte a combattere la tratta di esseri umani in tutte le sue forme, ed encomiando le iniziative adottate dal Rappresentante speciale dell’OSCE per la lotta alla tratta di esseri umani sotto gli auspici dell’“Alleanza contro la tratta di persone”,
decide di:
1. approvare l’Addendum al Piano d’azione d ell’OSCE per la lotta alla tratta di esseri umani: affron- tare le esigenze specifiche di tutela e assistenza dei minori vittime della tratta, adottato con la Deci- sione del Consiglio permanente N.685 del 7 luglio 2005, rispondendo in tal modo, alle esigenze delle vittime più vulnerabili e più indifese della tratta di esseri umani;
2. continuare a dedicare particolare attenzione alla crescente minaccia posta dalla tratta di esseri umani e di perseguire, nel quadro del concetto OSCE di sicurezza globale, un approccio multi- dimensionale e focalizzato sulle vittime nell’affrontare questioni concernenti la lotta alla tratta di esseri umani, quale aspetto del crimine organizzato, della criminalità e della corruzione;
3. incaricare il meccanismo antitratta d ell’OSCE di riferire al Consiglio permanente nel giugno di ogni anno, a partire dal 2006, sui progressi compiuti in seno a ll’OSCE nell’ambito delle attività connesse alla tratta di esseri umani. Tali rapporti conterranno anche contributi di altre strutture, istituzioni e operazioni sul terreno d ell’OSCE in merito agli sviluppi della lotta alla tratta di esseri umani in tutta la regione dell’OSCE e comprenderanno un’analisi dei risultati alla luce degli obiet- tivi stabiliti dal Piano di azione dell’OSCE per la lotta alla tratta di esseri umani, adottato del 2003.
Decisione N.14/05
Ruolo delle donne nella prevenzione dei conflitti, nella gestione delle crisi e nella ricostruzione
Il Consiglio dei ministri,
richiamando l’approccio globale d ell’OSCE alla sicurezza nell’affrontare le nuove minacce e sfide e il suo impegno a promuovere costantemente la parità fra uomini e donne, conformemente al Piano d’azione 2004 d ell’OSCE per la promozione della parità fra i sessi,
ricordando che l ’OSCE, quale intesa regionale ai sensi del Capitolo VIII dello Statuto delle Nazioni Unite, è uno strumento fondamentale di preallarme, prevenzione dei conflitti, gestione delle crisi e ricostruzione postconflittuale nella sua regione,
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riconoscendo che le conoscenze, le capacità e l’esperienza di entrambi i sessi sono indispensabili per la pace, la democrazia sostenibile, lo sviluppo economico e, quindi, per la sicurezza e la stabi- lità nella regione d ell’OSCE,
riconoscendo inoltre che la risoluzione 1325 (2000) del Consiglio di sicurezza delle Nazioni Unite sulle donne, la pace e la sicurezza stabilisce un legame fra parità fra i sessi e sicurezza, concentrando l’attenzione sul ruolo delle donne nelle questioni attinenti alla pace e alla sicurezza a tutti i livelli,
riaffermando la Dichiarazione e la Piattaforma d’azione di Pechino, adottate in occasione della quarta Conferenza mondiale sulla donna, nonché gli esiti della ventitreesima sessione speciale dell’Assemblea generale,
sottolineando l’importanza della partecipazione piena e paritaria delle donne in tutte le fasi della prevenzione e risoluzione dei conflitti nonché nell’edificazione della pace,
riconoscendo la necessità che l ’OSCE intraprenda concrete iniziative per integrare le donne nelle sue attività di prevenzione dei conflitti, gestione delle crisi e ricostruzione postconflittuale anche nei seguenti modi:
1. assicurando l’attiva messa in atto in tutta l’Organizzazione del Piano d’azione 2004 d ell’OSCE per la promozione della parità fra i sessi, adottato con la Decisione del Consiglio permanente N.638 del 2 dicembre 2004,
2. integrando nelle attività d ell’OSCE, come appropriato, i passaggi pertinenti della risoluzione 1325 (2000) del Consiglio di Sicurezza delle Nazioni Unite sul ruolo delle donne a tutti i livelli della prevenzione dei conflitti, della gestione delle crisi e della ricostruzione postconflittuale,
3. incoraggiando gli Stati partecipanti a creare un elenco nazionale di potenziali candidate femmi- nili (come richiesto nel paragrafo 22 del Piano d’azione 2004 d ell’OSCE per la promozione della parità fra i sessi) e ad adottare efficaci iniziative al fine di assicurare che le donne vengano esau- rientemente informate e incoraggiate a candidarsi per incarichi nel settore della prevenzione dei conflitti e della ricostruzione postconflittuale, in particolare per incarichi direttivi,
4. esortando gli Stati partecipanti ad affidare ad un maggior numero di donne la direzione di isti- tuzioni e missioni, nonché altri incarichi di grado elevato nell’ambito d ell’OSCE,
5. incoraggiando attivamente l’assunzione di donne nelle presenze dell’OSCE sul terreno, in par- ticolare per posizioni direttive, con l’obiettivo di avere un consistente numero di donne a capo delle stesse,
6. esortando gli Stati partecipanti e le strutture d ell’OSCE, come appropriato, a sostenere e inco- raggiare programmi di formazione e di educazione a favore delle donne e delle giovani, nonché progetti volti a promuovere la partecipazione delle donne nell’edificazione di una pace sosteni- bile; invitando inoltre gli Stati ad attribuire maggiore peso alle organizzazioni femminili, a soste- nere le iniziative di pace promosse dalle donne, attraverso i media e seminari sui diritti umani e la parità fra i sessi, nonché a sensibilizzare le donne sull’importanza della loro partecipazione ai processi politici,
7. esortando gli Stati partecipanti e le strutture d ell’OSCE, come appropriato, a sviluppare politi- che specifiche che incoraggino la partecipazione piena e paritaria delle donne e delle organizza- zioni femminili alla prevenzione e risoluzione dei conflitti e alla ricostruzione postconflittuale,
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nonché a incoraggiare e a sostenere lo scambio di esperienze e delle migliori prassi e, inoltre, a partecipare alle iniziative di pace promosse dalle donne,
8. invitando gli Stati partecipanti a tener conto del ruolo importante e delle particolari necessità delle donne e delle giovani nella messa in atto di politiche governative e di soluzioni durevoli per la tutela dei rifugiati e degli sfollati, come i ritorni volontari, il reinsediamento, la riabilitazione, la (re)integrazione o il rimpatrio in condizioni di sicurezza e dignità,
9. raccomandando che gli Stati partecipanti valutino regolarmente le iniziative adottate per pro- muovere costantemente la parità tra uomini e donne nei processi di prevenzione e gestione dei conflitti e di ricostruzione, rendendo pubbliche tali valutazioni a beneficio di attività di forma- zione che siano sensibili al tema della parità fra i sessi e in attuazione dei pertinenti impegni, non- ché per aumentare la consapevolezza della loro importanza,
decide di: • incaricare il Segretario generale di fare specifico riferimento, nel suo rapporto annuale sull’at- tuazione della Decisione N.638 del Consiglio permanente sul Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi, all’attuazione nell’ambito dell’Organizzazione delle parti della Risoluzione 1325 (2000) del Consiglio di sicurezza dell’ONU di interesse per l ’OSCE; • incaricare il Segretariato, nel contesto degli obiettivi del Piano di azione 2004 d ell’OSCE per la promozione della parità fra i sessi, di elaborare in cooperazione con gli Stati partecipanti, ulteriori misure finalizzate ad accrescere notevolmente il numero di donne impiegate presso il Segretariato, le istituzioni e le operazioni sul terreno dell’OSCE, con particolare riguardo agli incarichi direttivi e ai livelli decisionali; • incaricare le strutture e le istituzioni dell’OSCE di elaborare o modificare progetti, strategie e iniziative pertinenti e di intraprendere altre attività, tra cui lo scambio di informazioni con le Nazioni Unite, al fine di adempiere gli impegni contenuti nella presente decisione; • invitare gli Stati partecipanti a ll’OSCE e le istituzioni dell’Organizzazione a riferire alla Confe- renza annuale di riesame sulla sicurezza circa i progressi compiuti nell’attuazione degli impe- gni previsti dalla presente decisione.
Decisione N.15/05
Prevenzione e lotta alla violenza contro le donne
Il Consiglio dei ministri,
riconoscendo che il rispetto dei diritti umani e delle libertà fondamentali, della democrazia e dello stato di diritto è al centro del concetto globale di sicurezza d ell’OSCE,
riaffermando la Dichiarazione delle Nazioni Unite sull’eliminazione della violenza contro le donne e la Dichiarazione e Piattaforma d’azione di Pechino della quarta Conferenza mondiale sulla donna, nonché gli esiti emersi dalla 23a sessione speciale dell’Assemblea generale,
riaffermando che gli Stati hanno l’obbligo di adoperarsi con il dovuto impegno per prevenire atti di violenza contro le donne e le giovani, compiere indagini in merito a tali atti e punire i respon- sabili, nonché di offrire protezione alle vittime, e ribadendo che il mancato assolvimento di tale obbligo viola, ostacola o annulla il godimento dei diritti umani e delle libertà fondamentali,
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ricordando la risoluzione 1325 (2000) del Consiglio di Sicurezza d ell’ONU sulle donne, la pace e la sicurezza, che esorta, tra l’altro, a rispettare e a tutelare pienamente i diritti delle donne e delle gio- vani durante e dopo i conflitti armati, nonché a porre fine all’impunità per i responsabili di vio- lenze su base sessuale,
riconfermando i fermi impegni assunti dagli Stati partecipanti a ll’OSCE nel campo dei diritti umani, dell’uguaglianza fra i sessi, della tolleranza e della non discriminazione, della lotta alla tratta di esseri umani e del miglioramento della situazione dei Rom e dei Sinti,
profondamente preoccupato per il fatto che le giovani ed alcune categorie di donne sono partico- larmente vulnerabili ed esposte alla violenza e quindi bisognose di tutela, in particolare le donne appartenenti a gruppi minoritari e a popolazioni indigene, le donne rifugiate o sfollate, le migranti, le donne appartenenti a comunità rurali o remote, o in condizioni di indigenza, le donne che dimo- rano in istituti o sono in stato di detenzione, le donne disabili, anziane, vedove, le donne in situa- zioni di conflitto armato e quelle che sono comunque oggetto di discriminazione, anche a motivo della loro sieropositività a ll’HIV,
sottolineando l’impegno di promuovere costantemente l’uguaglianza fra uomo e donna, espresso nel Piano d’azione 2004 d ell’OSCE, per la promozione della parità fra i sessi, nonché le specifi- che disposizioni concernenti la prevenzione e l’eliminazione della violenza contro le donne negli Stati partecipanti,
esprimendo profonda preoccupazione per il persistente livello di violenza contro le donne e le gio- vani nella regione dell’OSCE, nonché per i costi umani e politici di tale fenomeno, e riconoscendo che la violenza contro le donne costituisce una minaccia per la sicurezza umana,
1. sollecita gli Stati partecipanti, avvalendosi del supporto e dell’assistenza dell’OSCE, ad adot- tare tutte le necessarie misure legislative, politiche e programmatiche di monitoraggio e valuta- zione al fine di promuovere e tutelare il pieno godimento dei diritti umani da parte delle donne e di prevenire e combattere tutte le forme di violenza su base sessuale nei confronti delle donne e delle giovani;
2. esorta gli Stati partecipanti a ottemperare alla Convenzione sull’eliminazione di ogni forma di discriminazione nei confronti della donna e alla Convenzione sui Diritti del Bambino, qualora le abbiano già sottoscritte o, in caso contrario, a considerare di ratificarle o aderirvi; invita, inol- tre, gli Stati che hanno ratificato o aderito a tali Convenzioni a ritirare le riserve contrarie all’og- getto e allo scopo delle Convenzioni stesse;
3. invita vivamente gli Stati partecipanti a prendere in considerazione di firmare, ratificare o ade- rire al Protocollo delle Nazioni Unite per prevenire, reprimere e punire la tratta di esseri umani, in particolare donne e bambini, aggiuntivo alla Convenzione delle Nazioni Unite contro la crimi- nalità organizzata transnazionale, al Protocollo Opzionale alla Convenzione dei diritti del bam- bino sulla vendita di bambini, la prostituzione e la pornografia infantile e, ove appropriato, alla Convenzione del Consiglio d’Europa sulla lotta alla tratta di esseri umani;
4. rileva con rammarico che le donne vittime di violenza rimangono spesso prive di tutela ed assi- stenza e sollecita gli Stati partecipanti a: (i) assicurare che le donne vittime di violenza possano avvalersi di pieno, pari e tempestivo accesso alla giustizia e all’opportunità di ottenere adeguate riparazioni, all’assistenza medica e sociale, inclusa l’assistenza di pronto soccorso, a riservati servizi di consulenza, nonché a strut- ture di accoglienza;
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(ii) adottare e attuare leggi che puniscano la violenza su base sessuale e stabiliscano adeguate tutele legali; (iii) fornire tempestivamente protezione fisica e psicologica alle vittime, che preveda anche appro- priate misure di protezione dei testimoni; (iv) compiere indagini sugli atti di violenza e portare a giudizio i responsabili, pur tenendo conto della necessità di garantire loro un trattamento adeguato; (v) promuovere la piena partecipazione delle donne nelle istituzioni giudiziarie, nella magistra- tura e nelle forze di polizia e assicurare che tutti i funzionari pubblici interessati abbiano una formazione e una consapevolezza adeguate a riconoscere, documentare e trattare i casi di vio- lenza contro le donne e i minori; (vi) rispondere alle esigenze specifiche di tutela e assistenza delle giovani che hanno subito vio- lenza; 5. rileva che la violenza contro le donne non viene sempre segnalata e registrata e non trova per- tanto adeguato riscontro nelle statistiche, incoraggia pertanto gli Stati partecipanti ad appoggiare iniziative di sensibilizzazione, a compiere ulteriori significativi sforzi al fine di raccogliere, analiz- zare e diffondere dati comparabili e a sostenere le ONG e le ricerche specializzate in tale campo; 6. invita gli Stati partecipanti ad adottare misure atte a rafforzare l’indipendenza economica delle donne, assicurando tra l’altro politiche e prassi occupazionali non discriminatorie, l’accesso pari- tario all’istruzione e alla formazione, pari retribuzione per pari lavoro, maggiori opportunità di lavoro e di istruzione, nonché pari accesso alle risorse economiche e al loro controllo, al fine di ridurre la vulnerabilità delle donne a ogni forma di violenza, inclusa la violenza domestica e la tratta di esseri umani; 7. sollecita gli Stati partecipanti ad adottare tutte le iniziative necessarie per prevenire la violenza su base sessuale contro le donne e le giovani durante e dopo i conflitti armati e le emergenze, com- prese azioni volte a portare in giudizio gli autori di crimini, e ad adottare misure straordinarie per far fronte alle esigenze delle donne e delle giovani nei contesti post-conflittuali; 8. prende atto dell’inclusione dei crimini su base sessuale nello statuto di Roma del Tribunale penale internazionale e negli Elementi costitutivi dei crimini, adottati dall’Assemblea degli Stati Parte dello Statuto di Roma nel settembre 2002, nonché della definizione delle circostanze in base alle quali tali reati possono essere considerati crimini contro l’umanità e/o crimini di guerra; 9. incoraggia la diffusione della pertinente giurisprudenza dei Tribunali penali internazionali ad hoc per l’ex Jugoslavia e per il Ruanda e la piena cooperazione con tali giurisdizioni; 10. decide di intensificare la cooperazione dell’OSCE con le pertinenti strutture delle Nazioni Unite, del Consiglio d’Europa, dell’Unione europea e di altre organizzazioni internazionali, non- ché con la società civile e con le pertinenti organizzazioni non governative, al fine di promuovere la prevenzione e la lotta contro tutte le forme di violenza nei confronti delle donne e delle giovani; 11. incarica il Consiglio permanente di incoraggiare l’elaborazione da parte delle pertinenti isti- tuzioni e strutture dell’OSCE di programmi, progetti e politiche atti ad assistere gli Stati parteci- panti, su richiesta di questi ultimi, nella lotta alla violenza contro le donne e le giovani e a fornire assistenza alle vittime; 12. chiede al Segretario generale di dedicare particolare attenzione alla presentazione di rendiconti sull’attuazione della presente decisione nell’elaborazione del suo Rapporto annuale al Consiglio permanente sul Piano d’azione 2004 per la promozione della parità fra i sessi.
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Decisione N.16/05
Garantire i più elevati standard di condotta e di responsabilità del personale in servizio presso le missioni e le forze internazionali
Il Consiglio dei ministri,
riconfermando gli impegni OSCE nel campo della lotta alla tratta di esseri umani, in particolare la Decisione N.1 del Consiglio dei ministri di Vienna del 2000, la Dichiarazione del Consiglio dei ministri di Porto del 2002 e la Decisione N.2/03 del Consiglio dei ministri di Maastricht, nonché il Piano di azione dell’OSCE per la lotta alla tratta di esseri umani e il suo addendum “Affrontare le esigenze specifiche di tutela e assistenza dei minori vittime della tratta”,
richiamando il Protocollo delle Nazioni Unite per prevenire, reprimere e punire il traffico di esseri umani, in particolare di donne e bambini, aggiuntivo alla Convenzione delle Nazioni Unite con- tro la criminalità organizzata transnazionale, nonché la sua definizione generale di tratta di esseri umani,
ribadendo che la tratta di esseri umani, una forma contemporanea di schiavitù, pregiudica grave- mente il godimento dei diritti umani e delle libertà fondamentali,
esprimendo preoccupazione per il fatto che il personale civile e militare in servizio presso le forze internazionali di mantenimento della pace o altre missioni internazionali, ivi incluse imprese appaltatrici, nonché presso le presenze sul terreno di organizzazioni internazionali, tra cui l’OSCE, potrebbe costituire un fattore che contribuisce all’aumento della domanda nel contesto della tratta di esseri umani,
accogliendo con favore gli sforzi delle Nazioni Unite e di altre organizzazioni internazionali volti a sviluppare e applicare politiche di “tolleranza zero” che, insieme all’educazione e alla forma- zione, risultano necessarie per prevenire la tratta di esseri umani da parte del personale di dette forze e di altro personale,
ricordando le attività in corso in seno a tutte le pertinenti organizzazioni internazionali finalizzate ad elaborare criteri comuni e migliori prassi per prevenire e combattere la tratta di esseri umani,
esprimendo preoccupazione per i rapporti sulla condotta scorretta di alcuni membri del personale civile e militare in servizio presso forze internazionali di mantenimento della pace o altre mis- sioni internazionali, inclusi i rapporti su casi di coinvolgimento nella tratta di esseri umani, come definita dal Protocollo delle Nazioni Unite per prevenire, reprimere e punire il traffico di esseri umani, in particolare di donne e bambini, condannando con fermezza tali atti e rilevando che essi pregiudicano l’adempimento dei mandati delle missioni,
esprimendo inoltre preoccupazione per i rapporti sulla condotta scorretta di alcuni membri del personale civile e militare in servizio presso le forze internazionali di mantenimento della pace o altre missioni internazionali, inclusi i rapporti su casi di sfruttamento e di abuso sessuale nei confronti di popolazioni locali e di rifugiati, nonché su casi di lavoro forzato, condannando con fermezza tali atti e rilevando che essi pregiudicano l’adempimento dei mandati delle missioni,
insistendo sulla necessità di una maggiore informazione e sensibilizzazione al riguardo tra il per- sonale in servizio presso missioni internazionali,
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prendendo atto degli sforzi compiuti dalle Nazioni Unite per assicurare che il personale in servizio presso le forze internazionali di mantenimento della pace o altre missioni internazionali osservi i più elevati standard di condotta e responsabilità,
1. esorta gli Stati partecipanti a migliorare, ove necessario, le misure intese a prevenire che i mem- bri del personale militare e civile dislocati presso le forze internazionali di mantenimento della pace o altre missioni internazionali, ivi inclusi i funzionari dell’OSCE, svolgano attività connesse alla tratta di esseri umani o allo sfruttamento delle vittime. A tale riguardo, gli Stati partecipanti si adopereranno per assicurare che le norme, i regolamenti e altri pertinenti documenti nazionali possano essere applicati nei confronti di loro cittadini in servizio presso le forze di mantenimento della pace o altre missioni internazionali, al fine di garantire i più elevati standard di condotta e responsabilità;
2. sollecita gli Stati partecipanti che hanno dislocato personale militare e civile all’estero ad assi- stere, nei limiti delle loro competenze e nell’ambito dei rispettivi mandati, le autorità competenti del paese ospitante negli sforzi volti a combattere la tratta di esseri umani. Nell’istruire il proprio personale militare e civile da dislocare all’estero ciascuno Stato partecipante terrà conto delle poli- tiche e delle conseguenze riguardo alla tratta di esseri umani;
3. invita vivamente gli Stati partecipanti ad adottare appropriate azioni per prevenire lo sfrutta- mento e l’abuso sessuale, nonché i casi di lavoro forzato da parte del loro personale militare e civile in servizio presso le forze di mantenimento della pace o altre missioni internazionali, nonché ad applicare i pertinenti standard di condotta a tale riguardo e ad assicurare che qualsiasi violazione sia oggetto di appropriate indagini e sia punito in modo adeguato;
4. riafferma l’importanza di attuare il Codice di condotta per i funzionari dell’OSCE e l’Istru- zione 11 per il personale sulla tratta di esseri umani e incarica il Segretario generale dell’OSCE di aggiornare tali documenti, avvalendosi dell’esperienza del Rappresentante speciale dell’OSCE per la lotta alla tratta di esseri umani e dell’Unità di assistenza contro la tratta, al fine di garantire la loro conformità con la presente decisione e di distribuirli, prima della pubblicazione, agli Stati partecipanti per eventuali osservazioni e discussioni;
5. invita anche i Governi dei Partner OSCE per la cooperazione ad impegnarsi rispetto ai prin- cipi esposti nella presente decisione e, a tal fine, incarica il Rappresentante speciale dell’OSCE per la lotta alla tratta di esseri umani e il Segretario generale dell’OSCE di scambiare informazioni e materiale pertinente con i Partner OSCE per la cooperazione;
6. incarica il Rappresentante speciale dell’OSCE per la lotta alla tratta di esseri umani di scambiare con le pertinenti organizzazioni internazionali il materiale didattico dell’OSCE e altre informa- zioni che potrebbero essere utili ai fini di fornire assistenza nella lotta alla tratta di esseri umani;
7. incarica il Segretario generale di riferire annualmente al Consiglio permanente in merito all’at- tuazione della presente decisione con riguardo al Codice di condotta per i funzionari dell’OSCE e all’Istruzione 11 per il personale, conformemente alla disposizione III 11.1 del Piano di azione dell’OSCE per la lotta alla tratta di esseri umani.
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Decisione N.17/05
Rafforzamento dell’efficienza dell’OSCE
Il Consiglio dei ministri,
riaffermando la sua piena adesione alle norme, ai principi e agli impegni nelle tre dimensioni dell’approccio globale d ell’OSCE alla sicurezza, concordati con l’Atto finale dell’Atto finale di Hel- sinki del 1975 e con la Carta di Parigi per una nuova Europa del 1990,
riconoscendo il ruolo dell’Organizzazione quale intesa regionale ai sensi del Capitolo VIII dello Statuto delle Nazioni Unite,
richiamando all’attenzione gli impegni dell’OSCE si applicano in modo uguale a tutti gli Stati partecipanti,
evidenziando il ruolo dell’Organizzazione quale foro per il dialogo politico, quale strumento fon- damentale per il preallarme, la prevenzione dei conflitti, la gestione delle crisi e la ricostruzione postconflittuale, nonché quale organo con funzioni normative, dotato di istituzioni, operazioni sul terreno, strumenti e meccanismi propri,
riaffermando l’importanza di ciascuna delle tre dimensioni dell’approccio dell’OSCE alla sicu- rezza, nonché del carattere transdimensionale di tale approccio,
determinati a rafforzare la fiducia tra gli Stati partecipanti e la consapevolezza di perseguire un obiettivo comune, attraverso un dialogo politico onnicomprensivo basato sulla parità, come pure l’assistenza fornita in modo cooperativo,
riconoscendo la necessità di continuare a concentrare i lavori dell’Organizzazione in quei settori in cui essa offre vantaggi comparativi e apporta un valore aggiunto, pur conservando il suo approc- cio globale alla sicurezza,
tenendo presente la necessità di assicurare che le priorità fondamentali e i piani di azione abbiano una prospettiva di lungo termine e siano adeguati all’evolversi del clima di sicurezza,
decisi a rafforzare l’efficienza dell’Organizzazione che opera sulla base dell’eguaglianza sovrana degli Stati e di decisioni adottate per consenso, al fine di migliorare la trasparenza e promuovere il senso di appartenenza di tutti gli Stati partecipanti,
determinati a promuovere costantemente ed efficacemente la parità tra uomini e donne in tutte le politiche, le attività e i programmi dell’OSCE,
richiamando la Decisione del Consiglio dei ministri N.16/04 sull’istituzione di un Comitato di per- sonalità eminenti sul rafforzamento dell’efficacia dell’OSCE,
encomiando il Comitato per la risolutezza dimostrata e per gli sforzi compiuti, che hanno dato luogo al Rapporto intitolato: Obiettivo comune, verso un’OSCE più efficiente (CIO.GAL/100/05 del 27 giugno 2005), e tenendo conto delle raccomandazioni ivi contenute,
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considerando, inoltre, altri contributi, tra cui quello fornito dall’Assemblea parlamentare, nonché dall’esito delle Consultazioni ad alto livello tenutesi a Vienna il 12 e 13 settembre 2005, come risulta dal documento contenente le Osservazioni della Presidenza (CIO.GAL/132/05 del 16 settembre 2005),
ritenendo che sono necessari ulteriori sforzi per adottare provvedimenti appropriati a seguito delle raccomandazioni del Comitato di personalità eminenti,
1. incarica il Consiglio permanente di proseguire i lavori sulla base del Rapporto del Comitato di personalità eminenti nonché degli esiti delle Consultazioni ad alto livello e di riferire al Consi- glio dei ministri del 2006 in merito a quanto segue: • norme procedurali; • miglioramento del processo di consultazione, anche valutando la possibilità di creare una strut- tura in forma di comitato; • esame delle modalità per migliorare la pianificazione e l’efficienza delle conferenze dell’OSCE; • potenziamento dell’efficacia, dell’efficienza e della trasparenza delle attività dell’Organizza- zione, compresi i relativi finanziamenti di bilancio ed extra bilancio, nonché delle pertinenti analisi e valutazioni; • esame delle possibilità di rafforzare ulteriormente il ruolo del Segretario generale, sostenendolo al tempo stesso nel pieno esercizio del suo mandato, anche attraverso una più intensa coopera- zione con i capi delle istituzioni e delle operazioni sul terreno; • modernizzazione del Segretariato, tenendo conto anche delle proposte presentate dal Segretario generale e dagli Stati partecipanti, al fine di accrescere ulteriormente la sua capacità di fornire supporto alla Presidenza in esercizio e agli Stati partecipanti, nonché di coordinare le attività dell’OSCE; • rafforzamento dell’efficienza delle istituzioni e delle operazioni sul terreno dell’OSCE; • esame della possibilità di dotare l’OSCE di uno status giuridico e di garantire privilegi e immu- nità, tenendo conto del parere di esperti legali; • miglioramento ulteriore della pianificazione dei programmi, affinché questa possa rispecchiare più chiaramente le priorità dell’Organizzazione; • esame dei mezzi per migliorare ulteriormente la professionalità del personale dell’OSCE e la gestione delle sue risorse umane, con dovuto riguardo alla volontà di conseguire un equilibrio in termini geografici e di parità fra i sessi; • esame della possibilità di effettuare missioni tematiche i tutta l’area dell’OSCE o in un conte- sto sub-regionale;
2. Incarica l’ODIHR di sottoporre all’esame del prossimo Consiglio dei ministri un rapporto su: • attuazione degli impegni esistenti, • eventuali impegni supplementari, • metodi per potenziare e promuovere le sue attività in materia di elezioni, • miglioramento dell’efficacia per quanto concerne l’assistenza fornita agli Stati partecipanti,
tenendo conto e rispondendo a quesiti posti dagli Stati partecipanti e in stretta consultazione con gli stessi.
286 Documento della Quattordicesima Riunione del Consiglio dei ministri Bruxelles 2006
I. Dichiarazioni del Consiglio dei ministri
Dichiarazione di Bruxelles sui sistemi di giustizia penale
Noi, membri del Consiglio dei ministri, riaffermiamo gli impegni relativi all’amministrazione della giustizia penale, in particolare gli impegni enunciati nell’Atto finale di Helsinki (1975), nel Documento finale di Vienna (1989), nel Documento di Copenaghen (1990), nella Carta di Parigi per una nuova Europa (1990), nel Documento di Mosca (1991), nel Documento di Budapest (1994) e nella Carta per la sicurezza europea (1999).
Richiamiamo le Decisioni N.3/05 del Consiglio dei ministri sulla lotta alla criminalità organizzata transnazionale e N.12/05 sulla tutela dei diritti umani e dello stato di diritto nei sistemi di giusti- zia penale (Lubiana 2005).
Ricordiamo inoltre gli esiti del Seminario nel quadro della dimensione umana sulla tutela dello stato di diritto e del giusto processo nei sistemi di giustizia penale (Varsavia, maggio 2006).
Richiamiamo altresì i pertinenti strumenti dell’ONU, compresa la Dichiarazione universale dei diritti umani, il Patto internazionale sui diritti civili e politici e la Convenzione delle Nazioni Unite contro la tortura e altre pene o trattamenti crudeli, disumani o degradanti.
Ricordiamo l’impegno assunto dagli Stati partecipanti all’OSCE di garantire l’indipendenza della magistratura.
Riconosciamo che nulla di quanto contenuto nel presente documento dovrà pregiudicare gli esi- stenti impegni o obblighi degli Stati partecipanti ai sensi del diritto internazionale o divergere da questi, e al contempo riconosciamo che ciascuno Stato partecipante, nel rispetto della propria tra- dizione giuridica, definisce le modalità appropriate di applicazione di tali impegni e obblighi nella propria legislazione nazionale.
Riteniamo che: • l’indipendenza della magistratura sia un presupposto dello stato di diritto e serva da garanzia fondamentale del diritto al giusto processo; • l’imparzialità sia essenziale per l’appropriato esercizio delle funzioni giudiziarie; • l’integrità sia essenziale per l’appropriato esercizio delle funzioni giudiziarie; • la correttezza e l’immagine di correttezza siano essenziali per l’adempimento di tutti I com- piti di un giudice;
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• una garanzia di pari trattamento per tutti dinanzi ai tribunali sia essenziale per il debito eser- cizio delle funzioni giudiziarie; • la competenza e la diligenza siano requisiti essenziali per il corretto esercizio delle funzioni giudiziarie. • Riteniamo che: • i magistrati debbano essere persone integre e capaci, con appropriate formazione e qualificazione; • i magistrati debbano sempre preservare l’onore e la dignità della propria professione e rispet- tare lo stato di diritto; • le funzioni del pubblico ministero debbano essere rigorosamente separate dalle funzioni giu- diziarie e i pubblici ministeri debbano rispettare l’indipendenza e l’imparzialità dei giudici; • i magistrati debbano, conformemente alla legge, esercitare le loro funzioni in modo equo, coe- rente e celere, nonché rispettare e tutelare la dignità umana e i diritti dell’uomo, concorrendo in tal modo a garantire il giusto processo e il buon funzionamento del sistema di giustizia penale.
Riteniamo che: • i funzionari preposti all’applicazione della legge debbano sempre adempiere al compito loro affi- dato per legge, operando al servizio dei cittadini e proteggendo ogni persona da atti illeciti, in modo rispondente all’alto grado di responsabilità imposto dalla loro professione; • nell’esercizio delle loro funzioni, i funzionari preposti all’applicazione della legge debbano rispet- tare e tutelare la dignità umana e salvaguardare i diritti umani di ogni persona; • i funzionari preposti all’applicazione della legge debbano ricorrere all’uso della forza solo nella misura in cui ciò sia necessario e appropriato per svolgere i loro compiti e per garantire la sicu- rezza pubblica; • i funzionari preposti all’applicazione della legge, quali membri di un più ampio gruppo di fun- zionari pubblici o altre persone che agiscono in veste ufficiale, non debbano infliggere, isti- gare, incoraggiare o tollerare alcun atto di tortura o altre pene o trattamenti crudeli, disumani o degradanti; • nessun funzionario preposto all’applicazione della legge debba essere punito per la mancata ese- cuzione di ordini di commettere o occultare atti riconducibili a torture o ad altre pene o tratta- menti crudeli, disumani o degradanti; • i funzionari preposti all’applicazione della legge debbano essere consapevoli e rispettosi dello stato di salute delle persone che hanno in custodia e, in particolare, adottare misure immediate per garantire assistenza medica ogni qual volta ciò risulti necessario.
Riteniamo che: • debbano essere adottate tutte le misure volte a rispettare, tutelare e promuovere la libertà di eser- cizio della professione forense, senza discriminazione e senza inopportune ingerenze da parte delle autorità o del pubblico; • le decisioni in merito all’autorizzazione ad esercitare la professione forense o ad iscriversi all’or- dine degli avvocati debbano spettare ad un organo indipendente. Tali decisioni, siano esse adot- tate da un organo indipendente o meno, dovrebbero essere sottoposte all’esame di un’autorità giudiziaria indipendente e imparziale; • gli avvocati non debbano subire alcuna sanzione o pressione né esserne minacciati quando agi- scano nel rispetto dei loro standard deontologici;
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• gli avvocati debbano aver accesso ai loro assistiti, comprese in particolare le persone private della libertà, per poter prestare consulenza in condizioni di riservatezza e rappresentare i loro assistiti secondo standard deontologici definiti; • debbano essere adottate tutte le misure necessarie e opportune al fine di garantire il rispetto della riservatezza del rapporto che intercorre tra assistito e avvocato. Deroghe a tale principio dovrebbero essere consentite solo se conformi allo stato di diritto; • gli avvocati non debbano vedersi negato l’accesso ad un tribunale dinanzi al quale siano abilitati a presentarsi e debbano poter accedere a tutte le prove e agli atti pertinenti quando difendano i diritti e gli interessi dei loro assistiti conformemente agli standard deontologici.
Riteniamo che l’esecuzione di pene detentive e il trattamento dei detenuti debbano tener conto dei requisiti di incolumità, sicurezza e disciplina, garantendo al tempo stesso condizioni di detenzione che non offendano la dignità umana e che offrano ai detenuti attività occupazionali utili e pro- grammi di riabilitazione adeguati che li preparino al reinserimento nella società.
Esortiamo gli Stati partecipanti ad attuare pienamente i loro impegni e obblighi internazionali al fine di garantire un funzionamento equo ed efficace dei propri sistemi di giustizia penale.
Dichiarazione del Consiglio dei ministri di Bruxelles sul sostegno e la promozione del quadro giuridico internazionale per contrastare il terrorismo
Noi, membri del Consiglio dei ministri dell’OSCE, riaffermiamo la nostra ferma determinazione a combattere il terrorismo in tutte le sue forme e manifestazioni, quale crimine che non ha giustifica- zioni, qualunque ne sia la motivazione o l’origine, e a proseguire e rafforzare le attività dell’OSCE di lotta al terrorismo, conformemente agli esistenti impegni dell’Organizzazione.
Sottolineiamo che le misure volte a condurre tale lotta devono essere adottate nel pieno rispetto dello stato di diritto e conformemente ai nostri obblighi ai sensi del diritto internazionale, in partico- lare del diritto internazionale in materia di diritti dell’uomo, dei rifugiati e del diritto umanitario.
Siamo convinti dell’importanza di rafforzare il quadro giuridico internazionale per contrastare il terrorismo, incluse le convenzioni e i protocolli universali relativi alla prevenzione e alla repres- sione del terrorismo, le pertinenti risoluzioni del Consiglio di sicurezza delle Nazioni Unite, la Stra- tegia globale delle Nazioni Unite contro il terrorismo recentemente adottata, nonché gli strumenti giuridici regionali e bilaterali relativi al terrorismo.
Invitiamo gli Stati partecipanti all’OSCE ad attuare le pertinenti risoluzioni del Consiglio di sicu- rezza delle Nazioni Unite concernenti la lotta al terrorismo.
Esprimiamo apprezzamento per i notevoli progressi conseguiti dagli Stati partecipanti nell’adem- pimento dell’impegno assunto al Consiglio dei ministri di Bucarest di divenire parti delle 12 con- venzioni e protocolli contro il terrorismo, essendo 46 Stati partecipanti divenuti parti di tutti i 12 strumenti attualmente in vigore.
Invitiamo gli Stati partecipanti che non lo abbiano ancora fatto a intraprendere ogni sforzo al fine di divenire senza indugio parti delle convenzioni e protocolli universali attualmente in vigore con- tro il terrorismo, nonché di darvi applicazione, in particolare prevedendo nella loro legislazione nazionale che gli atti di terrorismo siano perseguiti penalmente.
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Ribadiamo il nostro invito agli Stati partecipanti a considerare la possibilità di divenire parti della Convenzione internazionale per la repressione degli atti di terrorismo nucleare e della Conven- zione delle Nazioni Unite contro la criminalità organizzata transnazionale, nonché della Conven- zione delle Nazioni Unite contro la corruzione, e a sostenere i costanti sforzi volti a adottare una convenzione globale sul terrorismo internazionale al fine di far progredire gli obiettivi della comu- nità internazionale in materia di lotta al terrorismo.
Invitiamo gli Stati partecipanti a considerare la possibilità di divenire parti degli strumenti giuri- dici regionali e subregionali relativi al terrorismo o alla cooperazione giuridica in materia penale adottati dalle organizzazioni di cui siamo membri, nonché, ogni qualvolta sia opportuno al fine di colmare le lacune degli strumenti giuridici esistenti, a concludere accordi bilaterali sull’assi- stenza giuridica reciproca e sull’estradizione, al fine di poter cooperare pienamente, conforme- mente alle norme applicabili ai sensi del diritto nazionale e internazionale, nelle iniziative volte a trovare e consegnare alla giustizia gli esecutori, gli organizzatori, i sostenitori e i finanziatori di atti terroristici, sulla base del principio di estradare o perseguire.
Continueremo a scambiare informazioni, anche attraverso il Consiglio permanente e il Foro di coo- perazione per la sicurezza, sui progressi conseguiti nel divenire parti di strumenti giuridici interna- zionali, regionali e bilaterali contro il terrorismo e sulla cooperazione giuridica in materia penale, nonché sugli sviluppi delineatisi nelle legislazioni nazionali relative al terrorismo.
Accogliamo con favore il lavoro svolto finora dalle strutture, dalle istituzioni e dalle presenze dell’OSCE sul terreno in collaborazione con l’Ufficio delle Nazioni Unite contro la droga e il cri- mine, con il Consiglio d’Europa e con altre pertinenti organizzazioni regionali per rafforzare il regime giuridico contro il terrorismo, promuovendo l’attuazione degli obblighi degli Stati par- tecipanti ai sensi degli strumenti universali e regionali relativi alla lotta al terrorismo di cui sono parti e agevolando la cooperazione giuridica internazionale in materia penale, e li incoraggiamo a continuare a perseguire tali obiettivi.
Continueremo inoltre a intensificare l’interazione e il dialogo su temi relativi al sostegno e alla promozione del quadro giuridico internazionale per contrastare il terrorismo con i Partner medi- terranei ed asiatici per la cooperazione.
Dichiarazione del Consiglio dei ministri sulla migrazione
1. Noi, Ministri degli affari esteri degli Stati partecipanti all’OSCE, accogliamo con favore il rap- porto sulle attività dell’OSCE nel campo della migrazione dal 2005 ed esprimiamo il nostro apprez- zamento e il nostro costante sostegno al lavoro svolto in materia di migrazione e integrazione in tutte le tre dimensioni d ell’OSCE, in quanto fenomeni che interessano tutti i Paesi, compresi quelli di origine, destinazione e transito.
2. Tenendo conto del rilievo che la migrazione ha assunto in ambito internazionale e nazionale, riaf- fermiamo la Decisione N.2/05 del Consiglio dei ministri sulla migrazione e chiediamo al Consiglio permanente e alle pertinenti strutture dell’OSCE, nell’ambito dei loro attuali mandati, di conti- nuare a considerare le pertinenti questioni relative alla migrazione e all’integrazione come com- ponenti del loro approccio globale alla sicurezza.
3. Il Dialogo ad alto livello delle Nazioni Unite sulla migrazione internazionale e lo sviluppo ha ana- lizzato, tra l’altro, il rapporto tra questi due complessi fenomeni, ha sottolineato che la migrazione può costituire una forza positiva per lo sviluppo in tutti i Paesi e ha confermato l’importanza di assi- curare il coordinamento tra le organizzazioni internazionali e regionali che operano in tali ambiti.
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4. A seguito della globalizzazione e della crescente mobilità, il dialogo e la cooperazione tra i governi a livello bilaterale, regionale e internazionale è sempre più importante per cogliere con efficacia le opportunità e far fronte alle sfide della migrazione internazionale all’interno di tutti i Paesi e tra di essi, compresi quelli di origine, destinazione e transito.
5. Essendo la migrazione un fenomeno in crescita, sia in termini di portata che di complessità, esortiamo tutte le pertinenti istituzioni e strutture dell’OSCE, nell’ambito dei loro attuali mandati, a proseguire il loro lavoro sulle questioni inerenti alla migrazione e all’integrazione in tutte le tre dimensioni, con particolare attenzione al potenziale contributo della migrazione allo sviluppo soste- nibile e al co-sviluppo, promuovendo l’integrazione nel rispetto della diversità culturale e religiosa, affrontando la migrazione forzata nel rispetto dei pertinenti obblighi giuridici internazionali, con- trastando la migrazione clandestina nonché la tratta di esseri umani e lo sfruttamento, la discri- minazione, gli abusi e le manifestazioni di razzismo nei confronti dei migranti, con particolare attenzione alle donne e ai bambini, e favorendo il dialogo, il partenariato e la cooperazione tra gli Stati partecipanti all’OSCE e i Partner per la cooperazione su questioni relative alla migrazione.
6. Riconosciamo la proficua collaborazione fra le organizzazioni nell’elaborazione del Manuale OSCE/OIM/OIL sull’individuazione di efficaci politiche per i lavoratori migranti nei Paesi di ori- gine e di destinazione e nel promuovere una migliore gestione della migrazione attraverso una serie di attività. Il Manuale è uno strumento efficace per il rafforzamento delle capacità, che rap- presenta un elemento fondamentale per preparare le istituzioni governative ad attuare un sistema di gestione della migrazione atto a monitorare i flussi migratori.
II. Decisioni del Consiglio dei ministri
Decisione N.3/06
Lotta alla tratta di esseri umani
Il Consiglio dei ministri,
riaffermando gli impegni assunti dagli Stati partecipanti nell’ambito della lotta alla tratta di esseri umani,
riaffermando il Piano di azione dell’OSCE per la lotta alla tratta di esseri umani, compreso il suo Addendum “Affrontare le esigenze specifiche di tutela e assistenza dei minori vittime della tratta” (PC.DEC/557/Rev.1 del 7 luglio 2005),
richiamando la Decisione N.2/03 della undicesima Riunione del Consiglio dei ministri di Maastricht sulla lotta alla tratta di esseri umani, che ha istituito, sotto l’egida del Consiglio permanente, il mec- canismo OSCE per fornire assistenza agli Stati partecipanti nella lotta alla tratta di esseri umani,
riaffermando l’importanza di disporre di una struttura appropriata, dotata di risorse amministra- tive e finanziarie adeguate che possa operare a livello politico,
1. decide che il meccanismo OSCE volto a fornire assistenza agli Stati partecipanti nella lotta alla tratta di esseri umani, istituito sotto l’egida del Consiglio permanente, sarà modificato in modo da diventare parte integrante del Segretariato. La struttura sarà diretta da una personalità di rilievo, che agirà in qualità di Rappresentante speciale e rappresenterà l’OSCE a livello politico, e sarà costituita da personale a contratto e distaccato, incluso quello dell’attuale Unità di assistenza alla
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lotta contro la tratta di esseri umani, nominato o assegnato conformemente allo Statuto e al Rego- lamento del personale dell’OSCE;
la struttura: (a) assisterà gli Stati partecipanti a ll’OSCE nell’attuazione degli impegni assunti e nel pieno utilizzo delle raccomandazioni previste dal Piano di azione OSCE per la lotta alla tratta di esseri umani, incluso il suo Addendum “Affrontare le esigenze specifiche di tutela e assistenza dei minori vit- time della tratta”; (b) assicurerà il coordinamento degli sforzi d ell’OSCE nella lotta alla tratta di esseri umani in tutte le tre dimensioni dell’OSCE e agirà come ufficio di coordinamento delle iniziative dell’OSCE in tale settore; (c) rafforzerà la cooperazione fra le autorità pertinenti degli Stati partecipanti e tra l’OSCE e altre organizzazioni pertinenti; (d) accrescerà il profilo pubblico e politico della lotta alla tratta di esseri umani; (e) opererà nell’intera area dell’OSCE e, se del caso, assisterà gli Stati partecipanti in uno spirito di cooperazione e, previa consultazione con le pertinenti autorità degli Stati partecipanti interes- sati, negli sforzi volti ad attuare gli impegni da loro assunti per combattere la tratta di esseri umani; (f) fornirà e faciliterà servizi di consulenza e assistenza tecnica nel campo legislativo e nella defi- nizione delle politiche, congiuntamente, ove necessario, con altre strutture dell’OSCE impegnate in questo ambito; (g) sarà disposta a prestare consulenza ad autorità di grado elevato che rappresentano i settori legi- slativo, giudiziario ed esecutivo degli Stati partecipanti e discuterà con loro in merito all’attuazione del Piano di azione OSCE per la lotta alla tratta di esseri umani, incluso il suo Addendum, e agli impegni nell’ambito della lotta alla tratta di esseri umani. In casi specifici che richiedono atten- zione particolare, stabilirà contatti diretti in modo appropriato con lo Stato partecipante interes- sato e discuterà in merito alla prestazione di consulenza e di assistenza concreta, se necessario; (h) coopererà con i coordinatori nazionali, i relatori nazionali e altri meccanismi nazionali istituiti dagli Stati partecipanti per coordinare e monitorare le attività anti-tratta delle istituzioni statali. Il meccanismo coopererà anche con le pertinenti organizzazioni non governative degli Stati parte- cipanti. Assumerà inoltre la responsabilità, in seno all’OSCE, di ospitare e agevolare riunioni per lo scambio di informazioni ed esperienze fra i coordinatori nazionali, i rappresentanti designati dagli Stati partecipanti o gli esperti nella lotta alla tratta di esseri umani; (i) coopererà, svolgendo un ruolo di coordinamento e nel pieno rispetto dei loro mandati, a stretto contatto con l’Ufficio per le istituzioni democratiche e i diritti dell’uomo (ODIHR) e con altre istituzioni dell’OSCE, con le pertinenti strutture del Segretariato, compreso l’Ufficio del Coordi- natore delle attività economiche e ambientali dell’OSCE (OCEEA), l’Unità per le questioni strate- giche di polizia (SPMU), il Consulente principale per le pari opportunità, nonché, ove appropriato, con le operazioni dell’OSCE sul terreno. Avvalendosi dell’esperienza acquisita in seno all’OSCE, le strutture dell’OSCE che svolgono attività in questo settore si consulteranno con il Rappresen- tante speciale, nonché reciprocamente, al fine di evitare duplicazioni, assicurare complementarietà e coerenza e, ove appropriato, cercare di sviluppare un approccio integrato; (j) coopererà e cercherà di creare sinergie con pertinenti attori internazionali, incluse organizza- zioni regionali, agenzie intergovernative e organizzazioni non governative; continuerà a convocare, presiedere e organizzare iniziative congiunte dell’Alleanza contro la tratta di persone;
2. invita il Segretario Generale e il Presidente in esercizio a consultarsi in merito alla nomina di una personalità eminente con pertinente esperienza professionale e politica:
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• il Segretario Generale nominerà tale personalità quale coordinatore a livello D2, con il consenso della Presidenza e conformemente alla Decisione N.15/04 della dodicesima Riunione del Con- siglio dei ministri di Sofia; • il Presidente in esercizio conferirà al coordinatore le funzioni e il titolo di Rappresentante spe- ciale per la lotta alla tratta di esseri umani al fine di consentire al titolare della carica di rap- presentare adeguatamente l’OSCE a livello politico. Gli Stati partecipanti saranno consultati conformemente alla Decisione N.8 della decima Riunione del Consiglio dei ministri di Porto;
3. dichiara che il Rappresentante speciale renderà conto politicamente al Consiglio permanente e riferirà regolarmente a quest’ultimo, ove appropriato, previa consultazione con la Presidenza in esercizio e il Segretario Generale, nonché in conformità alla Decisione N.13/05 della tredicesima Riunione del Consiglio dei ministri di Lubiana;
4. concorda che dal 2007 in poi le modalità di finanziamento saranno modificate in modo tale che l’attuale programma del Bilancio unificato denominato “Rappresentante speciale per la lotta alla tratta di esseri umani” divenga parte del programma principale attualmente denominato “Unità di assistenza alla lotta contro la tratta di esseri umani”;
5. decide che la presente decisione emenda la Decisione N.2/03 dell’undicesima Riunione del Con- siglio dei ministri di Maastricht e che, se necessario, potrà essere a sua volta emendata dal Con- siglio permanente.
Decisione N.5/06
Criminalità organizzata
Il Consiglio dei ministri,
ribadendo la sua profonda preoccupazione per le negative incidenze e ripercussioni della crimina- lità organizzata sulla pace, sulla stabilità e sulla sicurezza,
notando con inquietudine che la criminalità organizzata è sempre più efficiente nello sfruttare le nostre economie globalizzate e le nostre società aperte e che rappresenta una crescente sfida multidimensionale per tutti gli Stati partecipanti nell’intera area dell’OSCE,
esprimendo preoccupazione per il fatto che la criminalità organizzata dispone di vaste risorse finanziarie e può esercitare un enorme potere, pregiudicando potenzialmente i valori democra- tici delle nostre società e minacciando direttamente e indirettamente la sicurezza e l’incolumità dei comuni cittadini,
preoccupato, inoltre, delle minacce e sfide poste dai legami tra la criminalità organizzata, la tratta di esseri umani, il traffico di armi e di stupefacenti, la corruzione e il terrorismo, nonché altre forme di attività criminali transnazionali e nazionali,
convinto che la lotta alla criminalità organizzata debba rimanere un elemento centrale delle nostre politiche volte a garantire la sicurezza e l’incolumità dei nostri cittadini, sia a livello nazionale sia attraverso la cooperazione internazionale,
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sottolineando che la lotta alla criminalità organizzata può essere condotta al meglio attraverso istituzioni democratiche che rispettano i diritti umani e lo stato di diritto e che sono responsabili nei confronti dei cittadini e della società civile,
evidenziando il ruolo fondamentale svolto da un sistema di giustizia penale efficiente ed efficace nel garantire la sicurezza e l’incolumità pubblica,
riconoscendo che le politiche e le attività relative al sistema di giustizia penale dovrebbero com- prendere ed integrare, tra l’altro, la prevenzione dei crimini, l’applicazione della legge, la polizia, il sistema giudiziario, l’azione penale, gli avvocati della difesa e i sistemi penali,
riconoscendo che sistemi efficienti ed efficaci di giustizia penale possono svilupparsi solo sulla base dello stato di diritto e della tutela dei diritti umani e che lo stesso stato di diritto richiede la sal- vaguardia di tali sistemi di giustizia penale,
riconoscendo che sistemi efficienti ed efficaci di giustizia penale basati sullo stato di diritto sono un requisito indispensabile per combattere la criminalità organizzata, la tratta di esseri umani, il traffico di armi e di stupefacenti, il terrorismo, la corruzione nonché altre forme di attività cri- minali a livello nazionale e transnazionale e che risposte mirate a tali sfide alla sicurezza devono essere adottate nel quadro generale del sistema di giustizia penale,
riconoscendo la persistente validità degli standard e delle norme ONU in materia di prevenzione dei crimini e di giustizia penale, nonché del ruolo dell’Ufficio delle Nazioni Unite contro la droga e il crimine (UNODC) nel sostenere il loro utilizzo e applicazione e accogliendo con favore la cre- scente cooperazione tra il Segretariato OSCE, l’UNODC e la Commissione ONU per la preven- zione del crimine e per la giustizia penale,
prendendo atto delle attività di altri organismi delle Nazioni Unite e di altri consessi internazio- nali nel settore dello stato di diritto,
riconoscendo l’importanza di dare attuazione agli obblighi ai sensi della Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale (Convenzione di Palermo) e, ove appro- priato, dei suoi protocolli supplementari, nonché della Convenzione delle Nazioni Unite contro la corruzione, quali mezzi per rispondere alla criminalità organizzata e alla corruzione e promuo- vere la cooperazione internazionale in materia penale,
prendendo nota delle pertinenti Convenzioni e relativi protocolli elaborati nel quadro del Con- siglio d’Europa,
prendendo nota dei risultati dei seminari e dei gruppi di studio OSCE tenutisi nel 2005 e 2006 sulla cooperazione giudiziaria internazionale in materia penale, sulla prevenzione del terrorismo, sugli stupefacenti e su altre forme di traffico,
riconoscendo la necessità che l’OSCE si concentri sul rafforzamento della cooperazione giudizia- ria internazionale e sul miglioramento dei sistemi di giustizia penale quali componenti del suo programma di sicurezza globale, in coordinamento con le Nazioni Unite e con altri consessi mul- tilaterali,
1. sollecita gli Stati partecipanti a continuare a rispondere alla criminalità organizzata quale seria minaccia e, ove possibile, a rafforzare l’attuazione dei rispettivi obblighi internazionali e impegni OSCE in tutti i settori dei loro sistemi di giustizia penale;
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2. raccomanda di prendere in esame l’adozione, come appropriato, di piani nazionali che affrontino questioni concernenti la sicurezza nonché di applicare un approccio integrato, nella consapevolezza che ciascuna componente del sistema di giustizia penale esercita un’influenza sulle altre componenti;
3. invita gli Stati partecipanti a considerare la possibilità di intraprendere autovalutazioni dei loro sistemi di giustizia penale utilizzando, come appropriato, gli strumenti messi a disposizione da organizzazioni internazionali, come ad esempio gli strumenti di valutazione UNODC/OSCE e, se necessario, di fare il miglior uso di altri strumenti disponibili, ivi inclusi quelli del Consiglio d’Eu- ropa (CEPEJ) e di altre organizzazioni, accademie o associazioni forensi;
4. sollecita gli Stati partecipanti a prestare la dovuta attenzione all’integrità e professionalità delle istituzioni preposte all’applicazione della legge e delle autorità responsabili dell’azione penale, all’efficiente amministrazione della giustizia e alla corretta gestione del sistema giurisdizionale, all’indipendenza della magistratura e al corretto funzionamento del sistema penitenziario, non- ché a esaminare alternative alla detenzione;
5. raccomanda, nel quadro della programmazione politica volta a prevenire e combattere la cri- minalità organizzata, di migliorare la raccolta e l’analisi dei dati, elaborare e impiegare a livello nazionale valutazioni dei rischi e delle minacce, nonché promuovere lo scambio di informazioni e di migliori prassi in misura superiore a quanto avvenuto finora;
6. raccomanda di intensificare gli sforzi nazionali orientati alla cooperazione, al coordinamento e allo scambio d’informazioni a livello internazionale come un importante passaggio per contra- stare la criminalità organizzata transnazionale;
7. sollecita gli Stati partecipanti a rafforzare la cooperazione giudiziaria internazionale in mate- ria penale considerando la possibilità, tra l’altro, di divenire parti della Convenzione ONU contro la criminalità organizzata transnazionale (Convenzione di Palermo), ove appropriato dei relativi protocolli supplementari, nonché della Convenzione ONU contro la corruzione, e dare attuazione agli impegni derivanti da tali strumenti e da altri in materia di cooperazione giuridica multilate- rale e bilaterale di cui sono parti, utilizzando altresì in modo appropriato i pertinenti articoli sulla reciproca assistenza giudiziaria e l’estradizione;
8. sollecita gli Stati partecipanti a considerare la possibilità di accedere alla Convenzione sul trasfe- rimento delle persone condannate (Strasburgo, 21 novembre 1983) e al suo Protocollo aggiuntivo del 1997, ove appropriato, e a considerare la possibilità di stipulare accordi bilaterali a integrazione di tale Convenzione, agevolando il trasferimento delle persone condannate;
9. appoggia la cooperazione internazionale delle forze di polizia e prende nota degli esiti della riu- nione dei capi di polizia d ell’OSCE tenutasi a Bruxelles il 24 novembre 2006, ivi inclusa la proposta di tenere riunioni regolari ove tali riunioni siano organizzate in coordinamento con altre riunioni di capi di polizia e tengano delle stesse;
10. raccomanda di intraprendere iniziative volte a promuovere l’informazione e la divulgazione tra la popolazione, anche attraverso la cooperazione tra le autorità preposte all’applicazione della legge e le organizzazioni della società civile, in modo da consentire ai cittadini di acquisire una maggiore consapevolezza dei loro diritti civili, sviluppare una maggiore fiducia nel sistema di giu- stizia penale quale garante di tali diritti, nonché sentirsi a proprio agio quando si rivolgono alle autorità competenti;
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11.(a) incarica il Segretario generale e le pertinenti strutture esecutive dell’OSCE, nell’ambito dei rispettivi mandati, di rivolgere maggiore attenzione nelle loro politiche e attività al ruolo fonda- mentale svolto dai sistemi di giustizia penale nel rafforzamento delle istituzioni e nella promozione dello stato di diritto, nonché di adoperarsi a favore di una cooperazione e di un coordinamento più stretti al fine di tenere maggiormente conto dell’interazione tra le componenti di tali sistemi; (b) incarica il Segretario generale e le pertinenti strutture esecutive dell’OSCE, nell’ambito dei rispettivi mandati, di rafforzare e consolidare le attuali conoscenze ed esperienze in materia di giu- stizia penale e di criminalità organizzata; (c) incarica il Segretario generale di sostenere e promuovere la cooperazione giudiziaria interna- zionale in materia penale tra gli Stati partecipanti, tenendo anche conto del quadro offerto dalla Convenzione ONU contro la criminalità organizzata transnazionale e fornendo sostegno alla sua Conferenza delle Parti, nonché di continuare a cooperare con l’UNODC nell’ambito di questioni che riguardano la lotta alla criminalità organizzata e gli stupefacenti; (d) incarica il Segretario generale e l’ODIHR di informare regolarmente gli Stati partecipanti e di presentare prima della pausa estiva del 2007 agli Stati partecipanti un rapporto scritto congiunto sull’attuazione dei summenzionati compiti; (e) incarica il Consiglio permanente di tenere conto del sopraccitato rapporto e di prendere in con- siderazione, se del caso, eventuali azioni successive; (f) incarica il Segretario generale e le pertinenti strutture esecutive dell’OSCE, ivi incluso l ’ODIHR, ove appropriato e in coordinamento e cooperazione con altre organizzazioni e istituzioni interna- zionali, di predisporsi a rispondere prontamente alle proposte di progetti e alle richieste di coo- perazione avanzate dagli Stati partecipanti e considerare la possibilità di facilitare programmi di formazione, nell’ambito dei rispettivi mandati e nella misura in cui siano disponibili contri- buiti a tal fine; (g) sottolinea l’importanza di una maggiore coerenza e continuità nelle iniziative di tutti gli organi OSCE interessati nonché di una cooperazione rafforzata con le agenzie specializzate. A tale riguardo, incarica il Segretario generale di intensificare il coordinamento di tali attività, nell’am- bito delle risorse disponibili e dei mandati. Invita gli Stati partecipanti a fornire sostegno alle sopraccitate attività.
Decisione N.7/06
Lotta all’uso di Internet per scopi terroristici
Il Consiglio dei ministri,
richiamando la sua precedente decisione su tale materia (MC.DEC/3/04),
continuando a nutrire profonda preoccupazione per il crescente uso di Internet per scopi terrori- stici come espresso nella summenzionata decisione e in altre occasioni,
ribadendo in tale contesto l’importanza del pieno rispetto del diritto alla libertà di opinione e alla libertà di espressione, che comprende la libertà di cercare, ricevere e divulgare informazioni, che sono vitali per la democrazia e che sono di fatto rafforzate da Internet (PC.DEC/633 dell’11 novem- bre 2004) e dallo stato di diritto,
riconoscendo che la risoluzione 1624 (2005) del Consiglio di sicurezza delle Nazioni Unite esorta gli Stati ad adottare misure necessarie ed appropriate e, in conformità ai loro obblighi di diritto
296 internazionale, a vietare per legge l’istigazione a commettere atti di terrorismo e a prevenire tale condotta,
ribadendo il nostro impegno conformemente alla Strategia globale delle Nazioni Unite contro il ter- rorismo, in particolare “di coordinare gli sforzi a livello internazionale e regionale per contrastare il terrorismo in Internet in tutte le sue forme e manifestazioni ” e “di usare Internet come stru- mento per contrastare la diffusione del terrorismo, riconoscendo nel contempo agli Stati la possi- bilità di richiedere assistenza a tale riguardo”,
prendendo nota che nel rapporto del Comitato antiterrorismo delle Nazioni Unite (S/2006/737 del 15 settembre 2006) si osserva che numerosi Stati starebbero esaminando l’applicazione a Internet del divieto di istigazione previsto dalla loro legislazione nazionale,
rilevando i recenti sviluppi, in particolare la Convenzione del Consiglio d’Europa sulla preven- zione del terrorismo, riguardanti gli obblighi degli Stati Parte di tale convenzione di considerare come reato l’istigazione pubblica a commettere un atto terroristico, nonché il reclutamento e l’ad- destramento a scopi terroristici,
richiamando la Convenzione del Consiglio d’Europa sulla criminalità informatica (2001), l’unico strumento multilaterale giuridicamente vincolante che affronta specificatamente la criminalità informatica, fornendo tra l’altro un quadro giuridico comune per la cooperazione internazionale fra gli Stati Parte della Convenzione nella lotta alla criminalità informatica, nonché il suo Proto- collo aggiuntivo relativo alla configurazione come reato di atti di natura razzista e xenofoba com- messi tramite mezzi informatici,
riconoscendo l’impegno assunto al Vertice del G8 (San Pietroburgo, Federazione Russa, 16 luglio 2006) di contrastare efficacemente i tentativi di sfruttare lo spazio cibernetico a scopi terrori- stici, inclusa l’istigazione a commettere atti di terrorismo, a comunicare e pianificare atti di ter- rorismo, ivi compreso il reclutamento e l’addestramento di terroristi, e rilevando in particolare il ruolo della “Rete 24/7 sulla criminalità informatica” del G8 per contrastare comportamenti cri- minali nello spazio cibernetico,
richiamando i risultati della Riunione speciale dell’OSCE sul rapporto tra propaganda razzista, xenofoba e antisemita in Internet e i crimini ispirati dall’odio (Parigi, 15 e 16 giugno 2004), nonché gli esiti del Seminario OSCE di esperti sulla lotta all’uso di Internet a scopi terroristici (Vienna, 13 e 14 ottobre 2005) e del Seminario di esperti OSCE-Consiglio d’Europa sulla prevenzione del terrorismo: lotta all’incitamento al terrorismo ed alle attività correlate (Vienna, 19 e 20 ottobre 2006), nonché delle pertinenti attività svolte dal Segretariato e dalle istituzioni dell’OSCE, in par- ticolare dal Rappresentante per la libertà dei mezzi di informazione e dall’ODIHR,
tenendo conto dei differenti approcci nazionali per definire “illecito” e “deplorevole” un contenuto, nonché dei differenti metodi di trattare un contenuto illecito e deplorevole nello spazio ciberne- tico, come ad esempio l’eventuale uso di informazioni riservate raccolte dal traffico Internet e dai relativi contenuti al fine di chiudere siti web di organizzazioni terroristiche e di loro sostenitori,
preoccupato dai continui attacchi di pirateria informatica che, benché non connessi con il terro- rismo, dimostrano l’esistenza di una competenza in tale campo, creando in tal modo la possibi- lità di lanciare attacchi terroristici cibernetici contro sistemi informatici, che colpiscono l’attività di importanti strutture, istituzioni finanziarie e altre reti vitali,
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1. decide di intensificare l’azione d ell’OSCE e dei suoi Stati partecipanti potenziando in particolare la cooperazione internazionale nella lotta all’uso di Internet per scopi terroristici;
2. invita gli Stati partecipanti a considerare la possibilità di adottare tutte le misure appropriate per proteggere importanti strutture e reti che trattano informazioni sensibili dalla minaccia di attac- chi di pirateria informatica;
3. invita gli Stati partecipanti a considerare la possibilità di divenire parti di strumenti giuridici internazionali e regionali esistenti e di attuarne gli obblighi, incluse le Convenzioni del Consiglio d’Europa sulla criminalità informatica (2001) e sulla prevenzione del terrorismo (2005);
4. incoraggia gli Stati partecipanti ad aderire alla “Rete 24/7 sulla criminalità informatica” del G8 e a nominare un’unità/persona di contatto appropriata per tale rete, al fine di ottimizzare la coo- perazione internazionale fra le istituzioni preposte all’applicazione della legge sull’utilizzo dello spazio cibernetico a fini criminali, nonché nei casi penali che implicano prove elettroniche, come appropriato;
5. esorta gli Stati partecipanti, quando sia loro richiesto, a trattare contenuti illeciti ai sensi della loro legislazione nazionale e ospitati da siti che rientrano nella loro giurisdizione, ad adottare tutte le misure appropriate contro tali contenuti e a cooperare con altri Stati interessati, conformemente alla loro legislazione nazionale e allo stato di diritto, nonché ai loro obblighi internazionali, incluso il diritto umanitario internazionale;
6. invita gli Stati partecipanti a intensificare il monitoraggio dei siti web di organizzazioni terrori- stiche e/o estremiste violente e di loro sostenitori e a potenziare lo scambio di informazioni in seno a ll’OSCE e ad altri fori pertinenti sull’uso di Internet a scopi terroristici e sulle misure adottate per contrastarlo, in conformità alla legislazione nazionale, assicurando nel contempo il rispetto degli obblighi e degli standard del diritto umanitario internazionale, inclusi quelli concernenti i diritti alla privacy e alla libertà di opinione e di espressione, nonché dello stato di diritto. Si dovranno evitare duplicazioni di sforzi con attività in corso in altri fori internazionali;
7. raccomanda agli Stati partecipanti di esplorare la possibilità di un più attivo coinvolgimento delle istituzioni della società civile e del settore privato nella prevenzione e nella lotta all’uso di Inter- net per scopi terroristici;
8. incoraggia gli Stati partecipanti a partecipare alla “Conferenza politica d ell’OSCE sul partenariato pubblico-privato nella lotta al terrorismo” che si terrà a Vienna nel maggio 2007 e che sarà incen- trato sul ruolo vitale che il settore privato, incluse le imprese, la società civile e i mezzi di informa- zione, può svolgere nella cooperazione con i governi al fine di prevenire e combattere il terrorismo;
9. incarica il Segretario generale di promuovere, in particolare tramite la Rete antiterrorismo dell’OSCE, lo scambio di informazioni sulla minaccia posta dall’uso di Internet per scopi terrori- stici, inclusi l’istigazione, il reclutamento, il reperimento di fondi, l’addestramento, la scelta degli obiettivi e la pianificazione di atti terroristici, nonché su misure legislative e di altro genere adot- tate per contrastare tale minaccia.
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Decisione N.13/06
Lotta all’intolleranza e alla discriminazione e promozione del rispetto e della comprensione reciproci
Il Consiglio dei ministri,
ricordando che il rispetto dei diritti dell’uomo e delle libertà fondamentali, della democrazia e dello stato di diritto è al centro del concetto globale di sicurezza dell’OSCE,
riconoscendo che le manifestazioni di discriminazione e di intolleranza minacciano la sicurezza dei singoli e la coesione sociale e possono dare origine a conflitti e a violenze su più vasta scala,
riconoscendo che la promozione di una cultura del rispetto e della comprensione reciproci e dell’u- guaglianza, così come il perseguimento di pari opportunità per una partecipazione effettiva alle società democratiche richiedono un approccio sistematico, globale e a lungo termine,
esprimendo profonda preoccupazione per l’espressione pubblica di idee razziste, xenofobe e discri- minatorie,
riaffermando la necessità che gli Stati partecipanti affrontino con determinazione la lotta a tutti gli atti e le manifestazioni di odio, inclusi i crimini ispirati dall’odio, nella consapevolezza che gli sforzi necessari per affrontare tali fenomeni richiedono un approccio comune, e riconoscendo al contempo la specificità delle singole manifestazioni e del contesto storico di ciascuna forma,
ricordando i propri impegni in materia di tolleranza e di non discriminazione sanciti nell’Atto finale di Helsinki del 1975, nella Carta di Parigi per una nuova Europa del 1990, nel Documento del Sim- posio di Cracovia sul retaggio culturale degli Stati partecipanti alla CSCE del 1991, nella Carta per la sicurezza europea del 1999, nonché nelle Decisioni del Consiglio dei ministri dell’OSCE adot- tate a Porto (MC(10). DEC/6), a Maastricht (MC.DEC/4/03), a Sofia (MC.DEC/12/04) e a Lubiana (MC.DEC/10/05),
ricordando l’accresciuta attenzione che l’OSCE ha rivolto alla lotta all’intolleranza e alla discri- minazione, nonché alla promozione del rispetto e della comprensione reciproci, come enunciato nelle Conferenze di Vienna del 2003 sull’antisemitismo e sul razzismo, la xenofobia e la discrimi- nazione, nella Conferenza di Berlino sull’antisemitismo dell’aprile 2004, nella Riunione di Parigi sul rapporto tra propaganda razzista, xenofoba e antisemita in Internet e i crimini ispirati dall’o- dio del giugno 2004, nella Conferenza di Bruxelles sulla tolleranza e la lotta al razzismo, alla xeno- fobia e alla discriminazione del settembre 2004 e nella Conferenza di Cordoba sull’antisemitismo e su altre forme di intolleranza del giugno 2005, e ricordando gli esiti di tali conferenze,
riaffermando la propria determinazione ad attuare gli impegni OSCE esistenti in materia di tol- leranza e non discriminazione e rilevando il contributo delle riunioni tematiche del 2006 incen- trate sugli aspetti attuativi nella sfera della tolleranza, dedicate alla comprensione interculturale, interreligiosa e interetnica (Almaty), all’Educazione intesa a promuovere il rispetto e la compren- sione reciproci e l’insegnamento dell’Olocausto (Dubrovnik) e alla Raccolta di dati relativi ai cri- mini ispirati dall’odio (Vienna),
riconoscendo il lavoro svolto dai tre Rappresentanti personali del Presidente in esercizio a sostegno dello sforzo globale d ell’OSCE volto a combattere l’intolleranza e la discriminazione, e auspicando
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che nel corso del 2007 il Presidente in esercizio, in consultazione con gli Stati partecipanti, svolga un riesame del loro contributo a tale sforzo,
riconoscendo il ruolo fondamentale che la società civile può svolgere nella lotta all’intolleranza e alla discriminazione e nella promozione del rispetto e della comprensione reciproci,
allarmato per la comparsa di partiti politici, movimenti e gruppi di qualsiasi tipo che incitano alla violenza,
nutrendo altresì preoccupazione, in tale contesto, per le manifestazioni violente di estremismo asso- ciate al razzismo, alla xenofobia, all’antisemitismo, al nazionalismo aggressivo e al neonazismo,
richiamando il contributo dell’OSCE all’Iniziativa dell’ONU per un’Alleanza delle civiltà al fine di forgiare una volontà politica collettiva e mobilitare iniziative concertate a livello istituzionale e della società civile per promuovere il rispetto e la comprensione reciproci, e tenendo presente il rapporto che il Gruppo ad alto livello ha presentato al Segretario generale delle Nazioni Unite il 13 novembre 2006 a Istanbul, che mira a istituire, sotto l’egida dell’ONU, partenariati fra orga- nizzazioni internazionali che condividono gli scopi dell’Alleanza delle civiltà,
1. decide di convocare durante la prima metà del 2007 una Conferenza ad alto livello sulla lotta alla discriminazione e sulla promozione del rispetto e della comprensione reciproci, nell’ambito dei seguiti della Conferenza di Cordoba sull’antisemitismo e su altre forme di intolleranza, e acco- glie con favore l’offerta della Romania di ospitare tale Conferenza;
2. incarica il Consiglio permanente di esaminare, a partire dal 2007, le modalità per rafforzare ulteriormente l’efficacia, la coerenza e la continuità del lavoro dell’OSCE nell’ambito della lotta all’intolleranza e alla discriminazione e della promozione del rispetto e della comprensione reci- proci, nella prospettiva di giungere a un’attuazione più efficace degli impegni;
3. incoraggia gli Stati partecipanti a riconoscere il contributo positivo che tutte le persone possono apportare all’armonia e al pluralismo delle nostre società, promuovendo politiche incentrate sull’u- guaglianza di opportunità, di diritti e di accesso alla giustizia e ai servizi pubblici e sulla promo- zione del dialogo e della partecipazione effettiva;
4. si impegna a sensibilizzare l’opinione pubblica sul valore della diversità culturale e religiosa quale fonte di reciproco arricchimento delle società e a riconoscere l’importanza dell’integra- zione nel rispetto della diversità culturale e religiosa quale elemento fondamentale per promuo- vere il rispetto e la comprensione;
5. invita gli Stati partecipanti ad affrontare le cause che sono alla base dell’intolleranza e della discriminazione, incoraggiando lo sviluppo di politiche e strategie globali a livello nazionale in materia di educazione nonché rafforzando le misure di sensibilizzazione dell’opinione pubblica che: • promuovano una maggiore comprensione e rispetto della diversità culturale, etnica, religiosa o di credo; • mirino a prevenire l’intolleranza e la discriminazione contro i cristiani, gli ebrei, i musulmani e i membri di altre religioni; • promuovano la memoria e l’insegnamento della tragedia dell’Olocausto, e di altri genocidi, rico- nosciuti come tali conformemente alla Convenzione del 1948 per la prevenzione e la punizione del crimine di genocidio, nonché dei crimini contro l’umanità;
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6. riconosce l’importante contributo che i giovani possono apportare alla lotta all’intolleranza e alla discriminazione e incoraggia a proseguire e a sviluppare ulteriormente buone prassi in materia di educazione precoce ai diritti dell’uomo in tutta la regione dell’OSCE, nonché a organizzare un evento giovanile OSCE nel 2007 tenendo conto dell’esperienza e delle competenze in tale campo di altre pertinenti organizzazioni internazionali e regionali al fine di evitare duplicazioni;
7. decide di promuovere il rafforzamento delle capacità delle autorità preposte all’applicazione della legge attraverso corsi di formazione e l’elaborazione di linee guida sui metodi più efficaci e appropriati per rispondere ai crimini motivati dal pregiudizio, per intensificare un’interazione positiva fra polizia e vittime e per incoraggiare le vittime a denunciare i crimini ispirati dall’odio, ad esempio attraverso corsi di formazione per i funzionari principalmente interessati, l’attuazione di programmi atti a sensibilizzare l’opinione pubblica al fine di migliorare i rapporti fra la poli- zia e i cittadini, nonché attraverso attività di formazione per indirizzare le vittime verso i centri di assistenza e protezione;
8. deplora l’espressione pubblica di idee razziste, xenofobe e discriminatorie e sottolinea che i rappresentanti politici possono svolgere un ruolo positivo nella promozione globale del rispetto e della comprensione reciproci ed esercitare una notevole influenza nel disinnescare le tensioni nella società, prendendo ferma posizione contro atti e incidenti motivati dall’odio e riconoscendo i contributi positivi che tutte le persone possono apportare ad una società armoniosa e pluralistica;
9. riconosce il ruolo essenziale che mezzi di informazione liberi e indipendenti possono svolgere nelle società democratiche e la forte influenza che essi possono esercitare nel contrastare o esacer- bare percezioni errate e pregiudizi, e in tal senso incoraggia i giornalisti ad adottare volontariamente standard professionali, codici di autoregolamentazione e altri meccanismi appropriati che garanti- scano maggiore professionalità, precisione e osservanza degli standard etici in ambito giornalistico;
10. sottolinea quanto sia importante che gli Stati adottino un efficace quadro giuridico che garan- tisca l’uguaglianza davanti alla legge e una tutela giuridica adeguata, e perseguano politiche e pro- grammi strategici che favoriscano la non discriminazione e l’uguaglianza di opportunità;
11. incoraggia gli Stati partecipanti ad intensificare i loro sforzi per l’attuazione dei loro impe- gni finalizzati a raccogliere e conservare dati e statistiche attendibili sui crimini ispirati dall’odio, essenziali per la formulazione di politiche efficaci e l’assegnazione appropriata di risorse per con- trastare incidenti motivati dall’odio; in tale contesto invita inoltre gli Stati partecipanti a favorire lo sviluppo di capacità della società civile al fine di contribuire al monitoraggio e alla segnalazione di episodi motivati dall’odio e di assistere le vittime dei crimini ispirati dall’odio;
12. decide che gli Stati partecipanti devono impegnarsi più attivamente per incoraggiare le atti- vità della società civile attraverso partenariati efficaci e un dialogo e una cooperazione raffor- zati fra società civile e autorità statali in materia di promozione del rispetto e della comprensione reciproci, di uguaglianza di opportunità e di integrazione di tutti i cittadini nella società, non- ché di lotta all’intolleranza, anche attraverso la creazione di meccanismi di consultazione locali, regionali o nazionali, ove appropriato;
13. incoraggia le strutture esecutive dell’OSCE, nell’ambito dei loro esistenti mandati, di inse- rire nelle loro attività attuali e future componenti di lotta all’intolleranza e alla discriminazione, nonché di promozione del rispetto e della comprensione reciproci in tutta la regione dell’OSCE;
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14. incoraggia l’Ufficio per le istituzioni democratiche e i diritti dell’uomo (ODIHR), conforme- mente agli impegni esistenti, anche attraverso la cooperazione con pertinenti strutture esecutive dell’OSCE: (a) a rafforzare ulteriormente le attività nell’ambito del suo Programma per la tolleranza e la non discriminazione, in particolare i relativi programmi di assistenza, al fine di fornire sostegno agli Stati partecipanti, su loro richiesta, nell’attuazione dei loro impegni; (b) a rafforzare ulteriormente l’attività del Comitato consultivo di esperti dell’ODIHR sulla libertà di religione o credo, nel prestare sostegno e assistenza specializzata agli Stati partecipanti; (c) a proseguire la sua stretta cooperazione con altre pertinenti agenzie intergovernative e settori della società civile impegnati nella promozione del rispetto e della comprensione reciproci e nella lotta all’intolleranza e alla discriminazione, anche attraverso la raccolta di dati relativi ai crimini ispirati dall’odio; (d) a continuare a servire da punto di raccolta di informazioni e statistiche fornite dagli Stati par- tecipanti sui crimini ispirati dall’odio e sulla pertinente legislazione, nonché a rendere accessibili al pubblico tali informazioni attraverso il suo sistema di informazioni sulla tolleranza e la non discriminazione e i suoi rapporti sulle sfide e le risposte a episodi motivati dall’odio nella regione dell’OSCE; (e) a rafforzare, nell’ambito delle risorse esistenti, la sua funzione di preallarme al fine di indivi- duare episodi e tendenze motivati dall’odio, di riferire e sensibilizzare l’opinione pubblica in merito, e di fornire agli Stati partecipanti, su loro richiesta, raccomandazioni e assistenza in settori in cui sono necessarie risposte più adeguate;
15. incoraggia il Rappresentante per la libertà dei mezzi di informazione, nell’ambito delle risorse disponibili, a prendere in considerazione un esame delle migliori prassi in settori di sua compe- tenza relativi alla lotta all’intolleranza;
16. resta in attesa di un’iniziativa dell’ONU relativamente al rapporto del Gruppo ad alto livello dell’Iniziativa per l’Alleanza delle civiltà, al fine di considerare un contributo appropriato dell’OSCE alla sua attuazione.
Decisione N.14/06
Potenziamento degli sforzi volti a combattere la tratta di esseri umani, incluso lo sfruttamento del lavoro, tramite un approccio globale e proattivo
Il Consiglio dei ministri,
profondamente preoccupato dal fatto che tutte le forme di tratta di esseri umani, nonostante gli accresciuti sforzi a livello nazionale e internazionale per combattere tale fenomeno, permangono diffuse nella regione dell’OSCE e al di fuori di essa,
considerando che la tratta di esseri umani è un crimine grave ed efferato che viola la dignità umana e pregiudica il godimento dei diritti dell’uomo e delle libertà fondamentali, e che alimenta le reti della criminalità organizzata,
riconoscendo che l’applicazione della legge, il perseguimento dei responsabili, la tutela, la riabili- tazione, l’integrazione e il reinserimento sociale delle vittime come appropriato, iv incluso il loro accesso effettivo alla giustizia, nonché la prevenzione, anche attraverso misure che colpiscano la domanda, sono fattori importanti per combattere efficacemente la tratta di esseri umani,
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sottolineando che la complessità del fenomeno della tratta di esseri umani richiede una risposta multidimensionale da parte di più attori che dovrebbe essere coordinata a livello nazionale, regio- nale e internazionale,
riaffermando il sostegno degli Stati partecipanti alla ratifica e all’attuazione della Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale (Convenzione di Palermo) e del relativo Protocollo aggiuntivo per prevenire, reprimere e punire la tratta di esseri umani, in particolare di donne e bambini,
ribadendo l’importanza del Piano di azione dell’OSCE per la lotta alla tratta di esseri umani, incluso il suo Addendum “Affrontare le esigenze specifiche di tutela e assistenza dei minori vittime della tratta” approvato dal Consiglio dei ministri di Lubiana nel 2005, nonché l’importanza della sua attuazione da parte degli Stati partecipanti,
prendendo nota degli esiti della Conferenza sulla tratta di esseri umani a fini di sfruttamento del lavoro/del lavoro forzato e del lavoro vincolato all’estinzione di debiti contratti, sul perseguimento dei colpevoli e la giustizia per le vittime, svoltasi nel novembre 2006,
richiamando la Convenzione internazionale sui diritti economici, sociali e culturali, in particolare gli articoli 6 e 7 sul diritto al lavoro e al godimento di condizioni di lavoro eque e soddisfacenti,
1. invita gli Stati partecipanti a continuare a impegnarsi al massimo livello politico con il Rap- presentante speciale per la lotta alla tratta di esseri umani, al fine di rafforzare l’attuazione degli impegni OSCE in materia di lotta alla tratta di esseri umani;
2. sollecita gli Stati partecipanti a promuovere un approccio globale per combattere tutte le forme di tratta attraverso accordi nazionali, regionali e internazionali, attività di cooperazione e coor- dinamento fra il personale delle istituzioni preposte all’applicazione della legge, gli ispettorati del lavoro, i centri di assistenza sociale, le istituzioni sanitarie, i funzionari dei servizi per l’im- migrazione e di frontiera, le organizzazioni della società civile, i centri di assistenza alle vittime, la comunità imprenditoriale e altri pertinenti attori, ivi incluso un approccio sensibile alle questioni attinenti alla parità fra i sessi. A tal fine, si raccomanda agli Stati partecipanti di istituire Mecca- nismi di riferimento nazionale (NRM), nonché di nominare coordinatori nazionali;
3. sollecita gli Stati partecipanti, con il sostegno delle strutture e delle istituzioni dell’OSCE, qua- lora richiesto, a migliorare la ricerca e il sistema di raccolta e analisi dei dati, con debito riguardo alla loro riservatezza e, ove possibile, a distinguere le statistiche a seconda del sesso, dell’età e di altri fattori pertinenti, come appropriato, al fine di meglio valutare la natura e la portata del pro- blema, nonché di elaborare politiche efficaci e mirate contro la tratta di esseri umani. A tal fine si raccomanda agli Stati partecipanti di considerare di nominare Relatori nazionali o analoghi mec- canismi indipendenti di monitoraggio;
4. sollecita gli Stati partecipanti, in cooperazione con organizzazioni internazionali e ONG, ove appropriato, ad adoperarsi per ridurre il rischio che le vittime rimpatriate tornino ad essere oggetto di tratta, considerando in particolare i fattori che rendono le persone più esposte alla tratta di esseri umani, come la povertà, la discriminazione, la mancanza di accesso all’istruzione e alle opportu- nità economiche, l’abuso sessuale e la violenza domestica, e svolgendo valutazioni dei rischi per assicurare che il rimpatrio delle vittime avvenga con debito riguardo alla loro sicurezza;
5. sottolinea l’importanza di assicurare alle vittime della tratta un effettivo accesso alla giusti- zia, anche nei settori della consulenza e delle informazioni sui loro legittimi diritti in una lingua
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a loro comprensibile, nonché di offrire loro la possibilità di ottenere un risarcimento per i danni subiti, e invita gli Stati partecipanti ad attuare i loro obblighi ai sensi delle disposizioni della Con- venzione ONU contro la criminalità organizzata transnazionale (Convenzione di Palermo) e il suo Protocollo aggiuntivo per prevenire, reprimere e punire la tratta di esseri umani, in partico- lare di donne e bambini;
6. incoraggia gli Stati partecipanti a combattere in modo più efficace la tratta di esseri umani a fini di sfruttamento del lavoro anche attraverso le seguenti misure: (a) assicurando che la loro legislazione penale nazionale in materia di tratta di esseri umani a fini di sfruttamento del lavoro sia conforme ai requisiti del Protocollo delle Nazioni Unite per preve- nire, reprimere e punire la tratta di esseri umani, in particolare di donne e bambini, aggiuntivo alla Convenzione ONU contro la criminalità organizzata transnazionale. A tal fine gli Stati parteci- panti sono incoraggiati ad assicurare che tali crimini siano adeguatamente individuati e perseguiti; (b) assicurando che il loro diritto nazionale del lavoro preveda standard minimi e che le relative leggi siano applicate al fine di ridurre il potenziale della tratta di esseri umani a fini di sfrutta- mento del lavoro; (c) svolgendo programmi di formazione per funzionari del settore, nonché per altre persone che possano venire a contatto con presunte vittime di tratta, come operatori sanitari, assistenti sociali, ispettori del lavoro e altri, al fine di migliorare la loro capacità di individuare le vittime di tratta e di indirizzarle ai servizi di assistenza e protezione; (d) assicurando che le campagne di informazione volte a sensibilizzare l’opinione pubblica sul pro- blema della tratta non contribuiscano a stigmatizzare ulteriormente i gruppi vulnerabili di per- sone che potrebbero essere in tal modo esposti in misura maggiore a violazioni dei diritti umani; (e) promuovendo strategie divulgative, anche in cooperazione con pertinenti ONG, che informino le comunità di migranti e le persone con impieghi a bassa remunerazione e in settori particolar- mente vulnerabili come l’agricoltura, l’edilizia, l’industria dell’abbigliamento o della ristorazione o siano impiegati come collaboratori familiari, in merito alla tratta di esseri umani a fini di sfrut- tamento del lavoro, allo scopo di migliorare l’accesso delle vittime all’assistenza e alla giustizia e di incoraggiare persone in possesso di informazioni su possibili casi di tratta a indirizzare le vit- time a detta assistenza nonché informare le autorità competenti qualora vi siano motivi ragione- voli di credere che sia stato commesso un reato; (f) elaborando e impiegando metodologie investigative avanzate, in particolare al fine di indivi- duare e perseguire casi di tratta senza affidarsi esclusivamente alla testimonianza delle vittime; (g) condividendo le attuali migliori prassi operative delle indagini di polizia sulla tratta di esseri umani a fini di sfruttamento del lavoro, e assicurando che le forze di polizia impegnate in indagini su casi di tratta abbiano contatti regolari con le loro controparti in altre agenzie preposte al moni- toraggio delle condizioni di lavoro, come appropriato, e che adottino un approccio multidisci- plinare per individuare e tutelare i diritti delle vittime di tratta a fini di sfruttamento del lavoro;
7. incarica il Consiglio permanente di considerare i modi per rafforzare ulteriormente gli sforzi volti a contrastare la tratta di esseri umani, inclusa quella a fini di sfruttamento del lavoro, tenendo conto dei pertinenti impegni dell’OSCE, del Piano di azione per la lotta alla tratta di esseri umani e degli esiti della Conferenza sulla tratta di esseri umani a fini di sfruttamento del lavoro/del lavoro forzato e del lavoro vincolato all’estinzione di debiti contratti, sul perseguimento dei colpevoli e la giustizia per le vittime, del novembre 2006.
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Decisione N.15/06
Lotta allo sfruttamento sessuale dei bambini
Il Consiglio dei ministri,
riconoscendo che lo sfruttamento sessuale dei bambini costituisce un problema grave e di ampie proporzioni in tutta la regione d ell’OSCE e al di fuori di essa, con manifestazioni molteplici e inter- connesse di tutte le forme di sfruttamento sessuale dei bambini, tra cui la prostituzione, la porno- grafia infantile, la tratta di minori a fini di sfruttamento sessuale, il turismo sessuale e i matrimoni forzati di bambini,
riconoscendo che lo sfruttamento sessuale dei bambini offende la dignità umana e pregiudica il godimento dei diritti umani e delle libertà fondamentali,
considerando che lo sfruttamento sessuale dei bambini è un crimine grave e efferato, che coin- volge in molti casi la criminalità organizzata e che è necessario prevenire, investigare, perseguire e sanzionare con tutti i mezzi disponibili,
sottolineando la necessità di affrontare la vasta gamma di fattori che rendono i bambini vulnerabili allo sfruttamento sessuale, tra cui le disparità economiche, il mancato accesso all’istruzione e la discriminazione, ivi inclusa la discriminazione su base sessuale, nonché la necessità di contrastare la domanda di pornografia infantile e di turismo sessuale e di prevenire le azioni dei responsabili,
considerando che lo sfruttamento sessuale dei bambini è in crescita e che si sta diffondendo attra- verso l’uso di nuove tecnologie come Internet,
riconfermando tutti i pertinenti impegni OSCE,
prendendo nota della risoluzione sulla lotta alla tratta e allo sfruttamento dei bambini nella por- nografia, adottata dall’Assemblea parlamentare dell’OSCE a Bruxelles in occasione della sua quin- dicesima Sessione annuale,
tenendo presenti le relative disposizioni dei pertinenti strumenti internazionali, tra cui la Con- venzione ONU sui diritti del fanciullo e il relativo Protocollo Opzionale sulla vendita di bambini, la prostituzione e la pornografia infantile, il Protocollo per prevenire, reprimere e punire la tratta di esseri umani, in particolare donne e bambini, aggiuntivo alla Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale, nonché le decisioni e le raccomandazioni dei pertinenti organismi internazionali,
tenendo conto delle disposizioni della Convenzione del Consiglio d’Europa sulla criminalità infor- matica (2001) relative alla pornografia infantile,
richiamando la Dichiarazione e il Programma d’azione adottato dal primo Congresso mondiale contro lo sfruttamento sessuale dei bambini a scopo commerciale, tenutosi in Svezia nel 1996, nonché l’Impegno mondiale di Yokohama, adottato dal secondo Congresso mondiale tenutosi in Giappone nel 2001,
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prendendo nota delle raccomandazioni formulate nello Studio del Segretario generale delle Nazioni Unite sulla violenza contro i bambini*, nonché del lavoro svolto dal Relatore speciale delle Nazioni Unite sulla vendita di bambini, la prostituzione infantile e la pornografia infantile,
1. condanna lo sfruttamento sessuale dei bambini in tutte le sue forme, in particolare: (a) la prostituzione infantile e la pornografia infantile, ivi incluse azioni volte a offrire, ottenere, procurare, fornire o reclutare un minore a tali fini o trarre profitto dallo sfruttamento di un minore a tali fini; (b) ove si faccia uso di coercizione, forza, frode o minacce, abuso di fiducia, autorità o influenza su un minore, ovvero si offra o si dia denaro o altre forme di remunerazione/controprestazione in cambio di attività sessuali, anche nel corso di conflitti armati o in situazioni postconflittuali; (c) la produzione, distribuzione, divulgazione o trasmissione, l’offerta o comunque il mettere a disposizione materiale pornografico infantile in tutte le sue forme (tramite sistemi informatici, Internet o attraverso altri mezzi); (d) l’acquisizione e il possesso intenzionali di materiale pornografico infantile; (e) la tratta di minori a fini di sfruttamento sessuale;
2. invita gli Stati partecipanti a uniformare la loro legislazione in materia ai loro pertinenti impe- gni e obblighi internazionali;
3. esorta gli Stati partecipanti ad adottare un approccio olistico al problema dello sfruttamento sessuale dei bambini, affrontando i fattori che ne sono all’origine e che vi contribuiscono, tra cui la domanda, che favorisce tutte le forme di sfruttamento sessuale dei bambini, e ad elaborare strategie globali e fattive nonché misure atte a prevenire e combattere lo sfruttamento sessuale dei bambini;
4. esorta vivamente gli Stati partecipanti ad adottare tutte le misure giuridiche atte a perseguire lo sfruttamento sessuale dei bambini, imponendo sanzioni effettive, proporzionate e deterrenti. A tale riguardo, incoraggia gli Stati partecipanti a prendere in considerazione misure giuridiche che consentano di perseguire i loro cittadini per gravi crimini a sfondo sessuale contro minori, anche nel caso in cui tali crimini siano commessi in un altro Paese;
5. invita gli Stati partecipanti a rafforzare le capacità delle istituzioni preposte all’applicazione della legge di avviare fattivamente indagini e perseguire i colpevoli;
6. invita gli Stati partecipanti ad agevolare la tutela giuridica, l’assistenza, le appropriate cure medi- che, i programmi di riabilitazione e reintegrazione per i minori vittime dello sfruttamento sessuale e, ove appropriato, ad assicurare il rientro in condizioni di sicurezza dei minori oggetto di tratta;
7. invita gli Stati partecipanti a sensibilizzare l’opinione pubblica a tutti i livelli sociali sul problema dello sfruttamento sessuale dei bambini;
8. consiglia agli Stati partecipanti di elaborare sistemi compatibili e interscambiabili di registra- zione di dati riferentisi sullo sfruttamento sessuale dei bambini, con il dovuto riguardo alla riser- vatezza dei dati personali, nonché di promuovere meccanismi globali di raccolta ed analisi dei dati sullo sfruttamento sessuale dei minori;
* UNGA A/61/299 distribuito il 29 agosto 2006. Il rapporto del Segretario generale sulla violenza contro i bam- bini è stato presentato l’11 ottobre 2006 al terzo Comitato dell’Assemblea generale (http://www.violencestudy. org) dall’esperto indipendente Paulo Sergio Pinheiro (http://www.violencestudy.org/a30).
306 9. esprime sostegno alle misure degli Stati partecipanti, in collaborazione con organizzazioni non governative (ONG) e con gli appropriati rappresentanti di pertinenti settori economici, quali l’in- dustria del turismo, il settore alberghiero e quello dei media, per eliminare la domanda di sfrut- tamento sessuale dei bambini;
10. sollecita una più intensa cooperazione tra gli Stati partecipanti affinché i responsabili dello sfruttamento sessuale dei bambini siano individuati, indagati, perseguiti e puniti;
11. raccomanda agli Stati partecipanti di istituire programmi di formazione sul tema dello sfrut- tamento sessuale dei minori per il personale impiegato, tra l’altro, nei settori della giustizia, della polizia, del turismo, dei trasporti, dell’assistenza sociale e sanitaria, della società civile, delle orga- nizzazioni confessionali e dell’istruzione;
12. auspica che le pertinenti autorità degli Stati partecipanti, nel rispetto delle legislazioni nazionali in materia di tutela dei dati personali, collaborino con i gestori dei servizi Internet, con le società di carte di credito, con gli istituti bancari ed altri enti, nonché con le pertinenti ONG, al fine di rile- vare informazioni attinenti allo sfruttamento sessuale dei bambini e renderle note;
13. raccomanda la creazione di servizi di assistenza telefonica o tramite Internet, eventualmente in collaborazione con organizzazioni non governative, ai quali i cittadini possano rivolgersi in via confidenziale per denunciare episodi di sfruttamento sessuale di minori, al fine di consentire l’av- vio di indagini da parte delle istituzioni preposte all’applicazione della legge nonché fornire appro- priato sostegno alle vittime e alle loro famiglie;
14. prende nota delle iniziative adottate dalla società civile volte a combattere lo sfruttamento sessuale dei minori, ivi incluso, tra l’altro, il Codice di condotta per la tutela dei minori dallo sfruttamento sessuale nel settore turistico, elaborato dall’ECPAT (End Child Prostitution, Child Pornography and Trafficking in Children for Sexual Purposes);
15. incarica le strutture esecutive dell’OSCE, nell’ambito dei loro esistenti mandati, di esaminare modi e mezzi per assicurare l’appropriata formazione e sensibilizzazione dei funzionari OSCE sul problema dello sfruttamento sessuale dei minori, tenendo presenti il Codice di condotta per i fun- zionari dell’OSCE e l’Istruzione 11 per il personale in materia di tratta di esseri umani;
16. incoraggia le pertinenti strutture esecutive dell’OSCE, nell’ambito dei loro esistenti mandati, a prestare attenzione al tema dello sfruttamento sessuale dei minori, ivi inclusi i rapporti tra tale fenomeno e la tratta di esseri umani, e pone l’accento sulla necessità che tali strutture e gli Stati partecipanti cooperino con altre organizzazioni internazionali, ONG e con la società civile nella lotta allo sfruttamento sessuale dei bambini.
Decisione N.17/06
Miglioramento del processo consultivo
Il Consiglio dei ministri,
tenendo presente l’approccio globale dell’OSCE alla sicurezza, che comprende la dimensione politi- co-militare, economico-ambientale e umana e riconoscendo nel contempo la necessità di una pro- spettiva transdimensionale, sia in termini di approccio concettuale che di attività programmatiche,
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prendendo atto della raccomandazione del Comitato di personalità eminenti di introdurre una struttura di comitati al fine di consentire una più ampia partecipazione al processo consultivo e decisionale e di renderlo più interattivo e trasparente, coinvolgendo tutti gli Stati partecipanti più attivamente e efficacemente, nonché aumentare il senso di appartenenza al processo di par- tecipazione,
richiamando la Decisione N.17/05 del Consiglio dei ministri di Lubiana sul rafforzamento dell’ef- ficienza dell’OSCE,
riconoscendo la necessità di migliorare le consultazioni e il dialogo, anche allo scopo di preparare i dibattiti, le conclusioni e le decisioni del Consiglio permanente,
consapevole della volontà di evitare l’istituzione di gruppi di lavoro e di scoraggiare la creazione di organi supplementari,
intendendo rafforzare la cooperazione, al fine di affrontare più efficacemente le nuove minacce alla sicurezza e di fornire un quadro globale più efficace per il dialogo politico fra tutti gli Stati partecipanti,
decide di istituire i seguenti comitati quali organi sussidiari informali del Consiglio permanente:
un Comitato per la sicurezza (…)
un Comitato economico e ambientale, che includerà l’esistente Sottocomitato economico e ambien- tale del Consiglio permanente (…)
un Comitato sulla dimensione umana che svolgerà i seguenti compiti: • discutere questioni relative alla dimensione umana, compresa l’attuazione degli impegni degli Stati partecipanti; • dare sostegno alla preparazione delle riunioni di attuazione nel quadro della dimensione umana e di altre riunioni in materia; • prendere in esame, qualora richiesto dalla Presidenza in consultazione con gli Stati partecipanti, questioni di natura transdimensionale attinenti in modo particolare alla dimensione umana; • discutere raccomandazioni da presentare al Consiglio permanente sul programma di lavoro, inclusi i seguiti delle raccomandazioni formulate alle riunioni nel quadro della dimensione umana;
decide inoltre che:
la Presidenza, all’inizio di ogni anno, in consultazione con gli Stati partecipanti, preciserà ulterior- mente i compiti dei summenzionati comitati e stabilirà un programma di lavoro che rispecchi gli obiettivi e le priorità dell’Organizzazione, tenendo anche conto della necessità di assicurare una copertura adeguata delle questioni transdimensionali in esame. (…)
I comitati summenzionati si riuniranno in modo informale, riferiranno al Consiglio permanente, gli forniranno consulenza, formuleranno raccomandazioni e predisporranno pertinenti decisioni attraverso il Comitato preparatorio. Al lavoro dei comitati si applicheranno le pertinenti disposi- zioni delle Norme procedurali dell’OSCE, in particolare il Capitolo V(A). (…)
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Di norma, ciascun comitato si riunirà almeno una volta al mese. Su iniziativa della Presidenza o del Presidente del Comitato, o su richiesta di uno o più Stati partecipanti, ciascun comitato potrà riunirsi ogni qualvolta necessario a seconda dell’esigenza di tenere consultazioni o prepararsi per processi decisionali del Consiglio permanente. La Presidenza e i Presidenti dei comitati eviteranno di convocare simultaneamente riunioni di organi sussidiari informali.
I comitati prenderanno in esame questioni di loro competenza su richiesta della Presidenza, del Consiglio permanente o di uno o più Stati partecipanti.
I paragrafi da 6 a 9 del Capitolo V(A) delle Norme procedurali dell’OSCE si applicheranno alla partecipazione alle riunioni dei tre comitati di recente istituzione nello stesso modo in cui essi si applicano alla partecipazione alle riunioni del Comitato preparatorio.
Il Segretariato dell’OSCE presterà sostegno alle attività dei comitati.
La presente decisione sarà applicabile per un periodo di un anno a partire dal primo gennaio 2007 e sarà oggetto di riesame da parte del Consiglio permanente alla fine del 2007 al fine di decidere in merito ad una sua eventuale proroga, tenendo conto dell’esperienza acquisita con la nuova struttura.
Decisione N.19/06
Rafforzamento dell’efficienza dell’OSCE
Il Consiglio dei ministri,
tenendo conto delle raccomandazioni formulate dal Comitato di personalità eminenti (CIO. GAL/100/05 del 27 giugno 2005),
adempiendo alla Decisione N.17/05 del Consiglio dei ministri sul rafforzamento dell’efficienza dell’OSCE,
riaffermando la sua piena adesione alle norme, ai principi e agli impegni dell’OSCE sanciti in par- ticolare nell’Atto finale di Helsinki del 1975 e nella Carta di Parigi per una nuova Europa del 1990 e che si applicano in modo eguale a tutti gli Stati partecipanti,
sottolineando il ruolo dell’Organizzazione quale intesa regionale ai sensi del Capitolo VIII della Carta delle Nazioni Unite e quale strumento fondamentale per il preallarme, la prevenzione dei conflitti, la gestione delle crisi e la ricostruzione postconflittuale,
riaffermando l’approccio globale d ell’OSCE alla sicurezza e l’importanza di tutte le tre dimensioni, politico-militare, economica e ambientale e umana, tenendo presente al tempo stesso che molte delle sue attività presentano un carattere transdimensionale,
riconoscendo le sfide comuni degli Stati partecipanti nonché la necessità di cooperare in uno spi- rito di partenariato e di intenti comuni,
invitando gli Stati partecipanti ad avvalersi appieno dell’Organizzazione quale foro per il dia- logo politico,
incoraggiando gli Stati partecipanti ad avvalersi dell’assistenza offerta dalle istituzioni e dalle operazioni sul terreno dell’OSCE, come appropriato, al fine di dare attuazione ai loro impegni,
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confermando la sua determinazione a rafforzare l’efficienza dell’OSCE e ad allineare costantemente i metodi di lavoro dell’Organizzazione alle esigenze del presente e alle sfide in evoluzione, perse- guendo in particolare i seguenti obiettivi: • focalizzare maggiormente il lavoro dell’Organizzazione nei settori in cui l’OSCE ha un vantag- gio comparativo, accordandogli priorità, • assicurare la coerenza a lungo termine delle priorità e dei piani d’azione in conformità agli impe- gni e alle decisioni dell’OSCE, • migliorare la trasparenza e l’efficacia del processo decisionale basato sull’eguaglianza sovrana degli Stati e sulla regola del consenso, • promuovere tra gli Stati partecipanti il senso della comunità di intenti e della condivisione delle responsabilità.
Sezione 1: Rapporto del Consiglio permanente
1. Ringrazia il Consiglio permanente per il lavoro svolto nel contesto del paragrafo 1 della Deci- sione N.17/05 del Consiglio dei ministri e prende nota del rapporto presentato sotto la responsa- bilità della Presidenza (MC.GAL/2/06); (…)
Sezione 2: Rapporto dell’ODIHR
1. Ringrazia l ’ODIHR per il lavoro svolto nel contesto di quanto previsto nel paragrafo 2 della Deci- sione N.17/05 del Consiglio dei ministri e prende nota del rapporto presentato il 10 novembre 2006;
2. riconosce che l’ODIHR, nell’assolvimento del suo mandato, ha dimostrato la capacità di assi- stere gli Stati partecipanti nell’adempimento dei loro impegni attinenti alla dimensione umana;
3. rammenta agli Stati partecipanti l’esigenza di mantenere le loro legislazioni e le loro prassi in linea con gli impegni OSCE;
4. prende nota della valutazione sullo stato corrente di attuazione degli impegni esistenti da parte degli Stati partecipanti e sottolinea, in particolare, che sono gli Stati partecipanti stessi responsa- bili dell’efficace attuazione degli impegni assunti nell’ambito dell’OSCE. L’ODIHR, a tale riguardo, svolge un importante ruolo nell’assisterli;
5. incarica il Consiglio permanente, tenendo conto delle raccomandazioni formulate dall’ODIHR e da altre istituzioni OSCE, di affrontare le difficoltà di attuazione nei settori specificati nel rap- porto, considerando la possibilità di avvalersi meglio dell’assistenza dell’ODIHR;
6. prende nota dei suggerimenti formulati nel rapporto in merito a nuovi impegni e chiede al Con- siglio permanente di riferire al riguardo, in tempo utile per la riunione del Consiglio dei ministri di Madrid del 2007;
7. riconosce la competenza dell’ODIHR nell’assistere gli Stati partecipanti attraverso le sue attività connesse alle elezioni, compresa la revisione della pertinente legislazione e l’osservazione elettorale;
8. si impegna a sviluppare ulteriormente le attività dell’OSCE in materia di elezioni e riafferma, a tale riguardo, le disposizioni contenute nel Documento della Riunione di Copenaghen sulla dimen- sione umana della CSCE (1990) quale fondamento degli impegni comuni dell’OSCE assunti dagli
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Stati partecipanti per la tutela e la promozione dei diritti umani e delle libertà fondamentali, com- presi quelli necessari per lo svolgimento di elezioni democratiche;
9. rileva che le pertinenti disposizioni della Dichiarazione del Vertice di Budapest (1994), della Dichiarazione del Vertice di Lisbona (1996), della Dichiarazione del Vertice di Istanbul (1999), della Carta per la sicurezza europea (1999) e le successive decisioni delle riunioni del Consiglio dei ministri di Porto (2002) e di Maastricht (2003) hanno integrato tali impegni;
10. riafferma gli impegni degli Stati partecipanti di invitare osservatori elettorali di altri Stati par- tecipanti, dell’ODIHR, dell’Assemblea parlamentare dell’OSCE e da istituzioni e organizzazioni pertinenti che desiderino fungere da osservatori;
11. sottolinea che gli Stati partecipanti possono offrire un efficace contributo per migliorare l’in- tegrità del processo elettorale attraverso l’invio di osservatori;
12. riconosce la costante esigenza di garantire la responsabilità, l’obiettività, la trasparenza e la professionalità delle attività di osservazione elettorale;
13. concorda che l ’ODIHR debba attuare i miglioramenti e le raccomandazioni riguardanti le attività elettorali, compreso quanto contenuto nel rapporto, e in particolare come elencato qui di seguito, e sottoponga regolarmente rapporti sulla loro attuazione, per il tramite del suo Direttore, all’e- same del Consiglio permanente, come appropriato: • rafforzare ulteriormente i metodi d’osservazione e i programmi di assistenza; • garantire una copertura geografica quanto più ampia possibile delle attività elettorali dell’ODIHR; • diversificare ulteriormente la partecipazione di osservatori sia a breve termine che a lungo ter- mine nonché di quelli facenti parte del “gruppo centrale”, sulla base di un maggiore sostegno offerto da un numero più elevato di Stati partecipanti, incoraggiando questi ultimi a contribuire al fondo per la diversificazione, appoggiando le attività nazionali di formazione e sviluppando reti su scala OSCE di osservatori elettorali professionisti; • rafforzare ulteriormente la trasparenza del reclutamento dei membri dei gruppi d’osservazione, rispettando al contempo i più elevati standard professionali, anche attraverso azioni attive di pub- blicità, formazione, procedure di selezione e liste aperte per i capi delle missioni d’osservazione elettorale e per i membri dei “gruppi centrali”, trasmesse regolarmente agli Stati partecipanti e rese disponibili attraverso banche dati accessibili pubblicamente; • dedicare la massima attenzione all’indipendenza, all’imparzialità e alla professionalità dell’os- servazione elettorale condotta dall’ODIHR; • ampliare la copertura linguistica e garantire che le lingue utilizzate non influenzino in alcun modo l’efficacia dell’osservazione;
14. sottolinea che l’osservazione elettorale è un impegno comune che coinvolge l’OSCE/ODIHR, l’Assemblea parlamentare dell’OSCE e altre istituzioni parlamentari;
15. riconosce che la stretta cooperazione con l’Assemblea parlamentare d ell’OSCE rafforza in modo considerevole la visibilità delle attività di osservazione elettorale dell’OSCE, e esorta l’ODIHR a continuare a lavorare in partenariato con l’Assemblea parlamentare nell’ambito delle missioni di osservazione elettorale, sulla base dell’Accordo di cooperazione del 1997;
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16. accoglie con favore le proposte di ulteriori iniziative volte a rafforzare l’efficacia dell’assistenza che l’ODIHR presta agli Stati partecipanti che ne fanno richiesta, ivi incluso attraverso un miglior uso delle riunioni nel quadro della dimensione umana.
312 Documento della Quindicesima riunione del Consiglio dei ministri Madrid 2007
I. Dichiarazioni del Consiglio dei ministri
Dichiarazione del Consiglio dei ministri sul sostegno alla strategia globale delle Nazioni Unite contro il terrorismo
1. Noi, membri del Consiglio dei ministri dell’OSCE, continuiamo a nutrire preoccupazioni per la persistente minaccia terroristica nell’area dell’OSCE.
2. Riaffermiamo gli esistenti impegni di lotta al terrorismo assunti d all’OSCE e l’intenzione di man- tenere le nostre attività antiterrorismo quali priorità dell’Organizzazione.
3. Riconosciamo il ruolo guida delle Nazioni Unite nell’ambito degli sforzi internazionali di lotta al terrorismo e sosteniamo la loro Strategia globale contro il terrorismo adottata l’8 settembre 2006 dall’Assemblea generale, a cui ci ispiriamo quale orientamento per le attività dell’OSCE in questo ambito, poiché essa delinea un approccio globale e onnicomprensivo volto a far fronte non soltanto alle manifestazioni del terrorismo, ma anche alle condizioni che ne favoriscono la diffu- sione, entro un quadro fondato sui diritti dell’uomo e lo stato di diritto e sul rispetto di tutti gli obblighi derivanti dal diritto internazionale, in particolare del diritto internazionale in materia di diritti dell’uomo, dei rifugiati e del diritto umanitario.
4. Richiamiamo l’approccio globale e onnicomprensivo della Strategia volta a contrastare il terro- rismo facendo fronte non solo alle sue manifestazioni ma anche alle condizioni che ne favoriscono la diffusione, inclusi, tra l’altro, i conflitti irrisolti che si protraggono nel tempo, la disumaniz- zazione delle vittime del terrorismo in tutte le sue forme e manifestazioni, l’assenza dello stato di diritto e le violazioni dei diritti umani, la discriminazione su base etnica, nazionale e religiosa, l’esclusione politica, l’emarginazione socio-economica e l’assenza del buongoverno, riconoscendo nel contempo che nessuna delle suddette condizioni può legittimare o giustificare atti terroristici.
5. Prendiamo atto che l’Assemblea generale dell’ONU incoraggia le organizzazioni regionali a “soste- nere l’attuazione della Strategia, anche attraverso la mobilitazione delle risorse e delle competenze”.
6. Ricordiamo l’impegno ad attuare tutte le risoluzioni del Consiglio di sicurezza dell’ONU in materia di terrorismo internazionale, riconoscendo che molti Stati continuano a richiedere assi- stenza a tal fine.
7. Sosteniamo le iniziative del Segretariato dell’OSCE volte a promuovere l’attuazione della Strate- gia, in particolare le consultazioni annuali ad alto livello tra rappresentanti del Consiglio d’Europa, dell’Organizzazione per la sicurezza e la cooperazione in Europa e delle Nazioni Unite (Vienna, febbraio 2007) nel formato “tre +” nonché le tavole rotonde di Copenaghen (luglio 2006) e Vilnius
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(giugno 2007), organizzate dall’Unità di lotta al terrorismo d ell’OSCE, per operatori impegnati nelle attività di lotta al terrorismo appartenenti a organizzazioni regionali e a centri di lotta al terrorismo.
8. Esprimiamo la nostra soddisfazione per il fatto che l’approccio alla lotta al terrorismo adottato dall’OSCE corrisponde a quello previsto dalla Strategia ONU, in quanto esso promuove, tra l’altro, lo stato di diritto, il rispetto dei diritti umani e sistemi di giustizia penale efficaci, che nell’insieme costituiscono la base fondamentale della nostra lotta comune contro il terrorismo, e per il fatto che tutte le nostre attività antiterrorismo possono essere considerate come un contributo all’at- tuazione della suddetta Strategia. L’OSCE e in particolare i suoi Stati partecipanti, coadiuvati ove necessario dal Segretariato, dalle istituzioni e dalle presenze sul terreno, continueranno ad attuare gli impegni in materia di lotta al terrorismo e si concentreranno, tra l’altro, sulle seguenti attività:
9. l ’OSCE continuerà a promuovere il quadro giuridico internazionale contro il terrorismo, in par- ticolare le convenzioni e i protocolli universali per la lotta al terrorismo, incoraggiando gli Stati partecipanti a divenire parte di tali strumenti e ad attuare gli obblighi da essi derivanti;
10. Il Segretariato, dopo aver condotto, nel periodo 2005-2007, in cooperazione con l’Ufficio delle Nazioni Unite contro la droga e il crimine (UNODC), una serie di seminari a livello regionale, subregionale e nell’intera area dell’OSCE miranti a rafforzare la cooperazione giudiziaria inter- nazionale su questioni penali connesse al terrorismo fondata sul principio di “estradare o per- seguire”, e riconoscendo l’importanza che la Strategia ONU attribuisce all’azione penale e alla cooperazione giudiziaria, proseguirà il suo programma di cooperazione in tale ambito ponendo particolare enfasi, tra l’altro, sull’assistenza alla formazione di funzionari delle autorità giudizia- rie a livello regionale e nazionale; (…)
12. l’Unità di lotta al terrorismo dell’OSCE, che ha elaborato un programma completo in materia di sicurezza dei documenti di viaggio che rispecchia pienamente l’invito contenuto nella Strategia ONU ad intensificare gli sforzi e la cooperazione atti a rafforzare la sicurezza nella produzione e nel rilascio di documenti di identità e di viaggio, rafforzerà le sue iniziative volte a facilitare l’impiego di piattaforme tecnologiche per l’accesso, presso i valichi di frontiera, alla banca dati dell’Interpol dei documenti di viaggio smarriti o rubati e continuerà a promuovere l’aggiornamento tecnolo- gico dei documenti di viaggio nonché l’attuazione di un processo globale e sicuro di trattamento e rilascio, in linea con gli standard ICAO, che tuteli l’identità e migliori i sistemi di anagrafe civile, nel rispetto del principio di non discriminazione;
13. Gli Stati partecipanti coopereranno pienamente alla lotta contro il terrorismo, in linea con i loro obblighi derivanti dal diritto internazionale, al fine di individuare, non accogliere e assicurare alla giustizia, conformemente al principio di estradare o perseguire, tutti coloro che sostengono o facilitano il finanziamento, la pianificazione, la preparazione o l’esecuzione di atti terroristici, vi partecipano o tentano di parteciparvi, nonché forniscono rifugio sicuro ai responsabili di tali atti. Gli Stati partecipanti adotteranno misure adeguate in conformità alle pertinenti disposi- zioni del diritto nazionale e internazionale, inclusi gli standard internazionali in materia di diritti dell’uomo, prima di concedere lo status di rifugiato, allo scopo di garantire che i richiedenti asilo non abbiano pianificato o facilitato l’esecuzione di atti terroristici o vi abbiano partecipato. Con- formemente al diritto internazionale essi faranno in modo che i responsabili, gli organizzatori o coloro che facilitano atti di terrorismo non si avvalgano dello status di rifugiato e che la rivendi- cazione di motivazioni politiche non sia riconosciuta come giustificazione per respingere le richie- ste di estradizione di presunti terroristi;
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14. rimanendo profondamente preoccupati per l’uso di Internet a scopi terroristici, gli Stati parte- cipanti continueranno a scambiare informazioni in merito a tale minaccia e adotteranno misure in linea con la Decisione del Consiglio dei ministri N.7/06 sulla lotta contro l’uso di Internet a scopi terroristici;
15. l ’OSCE sosterrà gli sforzi intrapresi dal Comitato antiterrorismo delle Nazioni Unite/Direzione esecutiva del Comitato antiterrorismo al fine di far progredire l’attuazione della Risoluzione 1624 (2005) del Consiglio di sicurezza delle Nazioni Unite;
16. l’OSCE continuerà a partecipare ai processi per la risoluzione dei conflitti protratti, che rien- trano tra i fattori che favoriscono il terrorismo;
17. l’OSCE proseguirà le sue attività di lotta contro l’estremismo violento e la radicalizzazione che portano al terrorismo. Gli Stati partecipanti dell’OSCE e le strutture esecutive dell’Organizzazione, nell’ambito dei loro mandati, devono far fronte all’intolleranza e alla discriminazione. Nel 2008 il Consiglio permanente, con il sostegno del Segretariato e delle istituzioni, esaminerà i modi in cui l’OSCE, grazie ad un approccio multidimensionale, può contribuire a promuovere la migliore comprensione del fenomeno dell’estremismo violento e della radicalizzazione che portano al ter- rorismo attraverso la condivisione di esperienze nazionali; (…)
19. l’OSCE continuerà ad impegnarsi nella promozione di partenariati pubblico-privati nella lotta al terrorismo e continuerà a coinvolgere il settore privato (società civile e comunità imprendito- riale) nelle sue attività antiterrorismo; (…)
21. operando in stretta cooperazione con l’UNODC, l’OSCE continuerà ad affrontare la minac- cia rappresentata dalla droga, elaborando le attività condotte con successo nel 2006 e nel 2007 in tale ambito;
22. l’Ufficio per le Istituzioni democratiche e i diritti dell’uomo continuerà ad assistere gli Stati partecipanti che ne facciano richiesta al fine di assicurare che le loro iniziative di lotta al terrori- smo siano condotte nel rispetto dei diritti dell’uomo, conformemente agli impegni OSCE assunti da tali Stati. L’ODIHR continuerà a prestare assistenza tecnica e consulenza in merito agli aspetti inerenti ai diritti dell’uomo dell’elaborazione e attuazione delle legislazioni nazionali volte a far fronte alle minacce poste dal terrorismo, dall’estremismo violento e dalla radicalizzazione che favorisce il terrorismo e continuerà a facilitare il dialogo tra attori statali e non governativi al fine di individuare aree di cooperazione e assistenza reciproca;
23. le istituzioni dell’OSCE continueranno nei loro sforzi globali volti a far fronte all’intolleranza e alla discriminazione e a promuovere il rispetto e la comprensione reciproca, anche attraverso progetti e programmi che coinvolgano tutti gli ambiti della società;
24. l’OSCE continuerà a trattare la questione della solidarietà nei confronti delle vittime del terro- rismo, richiamandosi, tra l’altro, alla Decisione del Consiglio permanente N.618 sulla solidarietà alle vittime del terrorismo e tenendo conto della Riunione ad alto livello sulle vittime del terrori- smo tenutasi a Vienna nel settembre del 2007.
25. Ribadiamo che l ’OSCE, incluso il suo Segretariato, le sue istituzioni e le sue presenze sul terreno, è pronta a lavorare a stretto contatto con le Nazioni Unite e con altre organizzazioni internazionali
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e regionali per l’attuazione della Strategia globale delle Nazioni Unite contro il terrorismo. L’O- SCE continuerà a sostenere l’ONU nelle sue attività antiterrorismo e a cooperare con le organiz- zazioni internazionali e regionali attive in questo campo, facilitando l’assistenza al rafforzamento delle capacità prestata agli Stati partecipanti, sostenendo e promuovendo gli standard in mate- ria di lotta al terrorismo e di sicurezza individuati quali migliori prassi per la lotta al terrorismo, nonché contribuendo alla creazione di reti di professionisti degli Stati partecipanti e delle orga- nizzazioni internazionali e regionali che operano in questo settore per realizzare una più stretta cooperazione e migliori sinergie nelle loro attività, contribuendo in tal modo allo sforzo globale di lotta al terrorismo.
II. Decisioni del Consiglio dei ministri
Decisione N.8/07
Lotta alla tratta di esseri umani a fini di sfruttamento del lavoro
Il Consiglio dei ministri,
riaffermando la nostra determinazione a combattere tutte le forme di tratta di esseri umani e riba- dendo gli impegni che gli Stati partecipanti hanno assunto nel campo della lotta alla tratta di esseri umani nonché la nostra determinazione ad attuarli,
ricordando il compito affidato dalla Decisione N.14 del Consiglio dei ministri di Bruxelles di con- siderare modi per rafforzare ulteriormente gli sforzi volti a combattere la tratta di esseri umani, inclusa quella a fini di sfruttamento del lavoro (MC.DEC/14/06),
riaffermando altresì il Piano di azione d ell’OSCE per la lotta alla tratta di esseri umani, che offre agli Stati partecipanti una serie completa di strumenti per combattere tutte le forme di tratta di esseri umani attraverso la protezione delle vittime, la prevenzione della tratta e l’azione penale nei con- fronti di coloro che favoriscono o commettono tale reato,
reiterando l’appoggio degli Stati partecipanti alla ratifica e all’attuazione della Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale e del suo Protocollo aggiuntivo per prevenire, reprimere e punire la tratta di esseri umani, in particolare di donne e bambini,
profondamente preoccupato per il fatto che la tratta di esseri umani resta un fenomeno diffuso nella regione dell’OSCE e al di fuori di essa, nonostante gli sforzi nazionali e internazionali volti a prevenirla e ad assicurare alla giustizia i responsabili,
riconoscendo la necessità di rafforzare ulteriormente il quadro degli impegni OSCE per far fronte alle sfide poste dalla tratta a fini di sfruttamento del lavoro,
riconoscendo la vulnerabilità dei minori vittime della tratta a fini di sfruttamento del lavoro non- ché le loro esigenze specifiche,
sottolineando che le politiche e le prassi per far fronte al problema della tratta a fini di sfrutta- mento del lavoro, che ha origine sia nell’economia formale che in quella informale, dovrebbero essere onnicomprensive e prevedere pertanto l’applicazione delle normative sul lavoro,
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sottolineando che le misure per far fronte alla tratta a fini di sfruttamento del lavoro dovrebbero essere formulate prevedendo una maggiore partecipazione degli operatori del mondo del lavoro, comprese le organizzazioni dei lavoratori e dei datori di lavoro, gli amministratori e gli ispettori del lavoro, nonché incoraggiare tale partecipazione,
riaffermando gli impegni OSCE in materia di sicurezza dei documenti di viaggio,
riconoscendo che le persone che si trovano in una situazione di immigrazione irregolare possono essere maggiormente vulnerabili alla tratta a fini di sfruttamento del lavoro,
riaffermando la necessità di garantire il rispetto dei diritti dell’uomo e, in tale contesto, richiamando gli strumenti internazionali fondamentali relativi ai diritti dell’uomo delle Nazioni Unite, inclusi quelli applicabili alle persone particolarmente vulnerabili alla tratta a fini di sfruttamento del lavoro,
riconoscendo le difficoltà che sono legate all’individuazione delle vittime e all’assistenza loro con- cessa, inclusa la loro incertezza sul loro eventuale status di residenza, e che potrebbero insorgere in seguito a intimidazioni e allo sfruttamento dei loro timori da parte di trafficanti, e riconoscendo la necessità di procedure di denuncia che incoraggino le vittime a farsi riconoscere,
invita gli Stati partecipanti a:
1. garantire che le vittime della tratta a fini di sfruttamento del lavoro abbiano accesso alla giustizia;
2. concedere, in conformità alle leggi nazionali e agli obblighi internazionali, un periodo di rifles- sione nonché permessi di residenza temporanei o permanenti alle vittime della tratta; prevedere la concessione di permessi di lavoro durante la loro permanenza e informarle sull’esistenza di tali opportunità;
3. assicurare assistenza alle vittime della tratta a fini di sfruttamento del lavoro, con particolare riguardo a questioni quali l’accesso ad alloggi protetti, le cure mediche, l’assistenza legale e l’as- sistenza sociale, tenendo conto delle raccomandazioni esposte nella Parte V del Piano di azione dell’OSCE per la lotta alla tratta di esseri umani e nel suo Addendum “Affrontare le esigenze spe- cifiche di tutela e assistenza dei minori vittime della tratta”, e informarle in merito alla disponi- bilità di tali servizi;
4. intraprendere maggiori sforzi e applicare procedure più efficaci per individuare le vittime della tratta e, a tal fine, prevedere la formazione e le risorse necessarie per gli ispettori del lavoro e, ove appropriato, intensificare le ispezioni in settori suscettibili di sfruttamento del lavoro;
5. sostenere e promuovere partenariati fra la società civile, incluse le ONG e le agenzie statali incaricate di monitorare le condizioni di lavoro, al fine di fornire, fra l’altro, assistenza alle vit- time e prevenire la tratta a fini di sfruttamento del lavoro nonché violazioni delle leggi sul lavoro, anche attraverso programmi mirati di sensibilizzazione o codici di condotta su base volontaria;
6. considerare la possibilità di concedere, in conformità alle leggi nazionali, una rappresentanza alternativa alle vittime delle tratta a fini di sfruttamento del lavoro in procedimenti in cui la vit- tima non sia in grado di farlo di persona;
7. considerare la possibilità di elaborare o rafforzare la loro legislazione in cui sia prevista per le vit- time della tratta a fini di sfruttamento del lavoro la possibilità di ottenere un risarcimento del danno subito, inclusa, ove appropriato, la restituzione di retribuzioni loro spettanti;
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8. accrescere la cooperazione e l’interazione multiagenzia su questioni attinenti alla tratta ai fini di sfruttamento del lavoro fra funzionari del lavoro e dell’immigrazione, polizia, magistratura e addetti ai servizi sociali, anche attraverso la creazione o il rafforzamento, ove appropriato, dei mec- canismi di rinvio raccomandati nel Piano di azione d ell’OSCE per la lotta alla tratta di esseri umani;
9. assicurare che organizzazioni della società civile che prestano legalmente assistenza a vittime della tratta a fini di sfruttamento del lavoro non siano svantaggiate o criminalizzate per la natura stessa della loro attività;
10. prevedere la possibilità, conformemente ai principi fondamentali dei loro sistemi giuridici e ove appropriato, di non perseguire penalmente le vittime per il loro coinvolgimento in attività illegali, nella misura in cui esse vi siano state costrette;
11. prevedere efficaci procedure di denuncia tramite cui i singoli possano riferire con riservatezza in merito a circostanze riconducibili a un caso di tratta a fini di sfruttamento del lavoro, come condizioni di lavoro e di vita caratterizzate da sfruttamento;
12. elaborare indicatori che tengano in considerazione, come appropriato, quelli definiti dal Comi- tato di esperti dell’OIL, al fine di assicurare congruenza e trasparenza nell’individuazione delle vittime di tratta a fini di sfruttamento del lavoro e nell’accertamento di situazioni di tratta a fini di sfruttamento del lavoro;
13. considerare la possibilità di tenere ulteriori dibattiti di esperti sulle modalità per distinguere i casi di tratta a fini di sfruttamento del lavoro da altre situazioni di impiego irregolare;
14. assicurare sanzioni effettive e adeguate per coloro che favoriscono la tratta a fini di sfrutta- mento del lavoro, inclusi i datori di lavoro che sfruttano tali circostanze;
15. assicurare sanzioni effettive qualora datori di lavoro o agenzie di collocamento creino situa- zioni di servitù per debiti;
16. elaborare programmi per arginare le assunzioni irregolari cui fanno ricorso alcune agenzie di collocamento, che possono rendere le persone più vulnerabili alla tratta;
17. considerare la possibilità di far sì che gli appaltatori che si avvalgono consapevolmente di subap- paltatori coinvolti in situazioni di tratta a fini di sfruttamento del lavoro possano essere ritenuti responsabili di tale reato;
18. considerare la possibilità di svolgere attività di formazione per giudici, avvocati, funzionari di polizia e ispettori del lavoro in materia di tratta a fini di sfruttamento del lavoro sia dal punto di vista dell’azione penale che della tutela delle vittime e, a tale riguardo, assicurare, ove necessa- rio, che siano messe a disposizione risorse adeguate;
19. organizzare campagne mirate di sensibilizzazione nei paesi di origine, di transito e di desti- nazione, rivolte in particolare a gruppi vulnerabili alla tratta a fini di sfruttamento del lavoro;
20. intensificare gli sforzi volti a prevenire il lavoro minorile, prendendo in considerazione la pos- sibilità di firmare e ratificare la Convenzione dell’OIL del 1999 sulle forme peggiori di lavoro minorile, qualora non l’abbiano ancora fatto e, nel caso vi facciano già parte, attuandone le rela- tive disposizioni;
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21. accrescere la cooperazione a livello internazionale condividendo informazioni e migliori prassi sulla lotta alla tratta a fini di sfruttamento del lavoro e valutando i modi per rafforzare la collabo- razione nel campo dell’applicazione della legge nonché della protezione delle vittime e dell’assi- stenza al reinserimento in caso di rimpatrio;
22. migliorare la raccolta dei dati e delle analisi sui legami fra la tratta a fini di sfruttamento del lavoro e la migrazione e condividere tali informazioni con altri Stati partecipanti all’OSCE.
Decisione N.9/07
Lotta allo sfruttamento sessuale dei bambini su Internet
Il Consiglio dei ministri,
allarmato per il fatto che l’espansione di Internet abbia generato un enorme aumento su scala mon- diale della visione e della diffusione di materiale pedopornografico nonché dei profitti che ne deri- vano, anche a favore di organizzazioni criminali,
riaffermando l’impegno degli Stati partecipanti ad attuare la Decisione N.15/06 del Consiglio dei ministri di Bruxelles e prendendo nota degli sforzi compiuti dalle strutture esecutive dell’OSCE al fine di offrire assistenza agli Stati partecipanti a tale riguardo,
tenendo conto dei lavori della riunione di esperti del 20 e 21 settembre 2007 sullo sfruttamento ses- suale dei bambini su Internet e della Riunione supplementare nel quadro della dimensione umana del 18 e 19 ottobre 2007 sulla lotta allo sfruttamento sessuale dei bambini,
determinato a combattere questo crescente fenomeno, anche attraverso il rafforzamento delle atti- vità dell’OSCE per farvi fronte, decide di:
1. incoraggiare gli Stati partecipanti che non lo abbiano ancora fatto a creare un centro operativo nazionale o un’altra struttura, come appropriato, al fine di accrescere il coordinamento e promuo- vere, per quanto possibile, partenariati pubblico-privati per affrontare più efficacemente i problemi connessi allo sfruttamento sessuale dei minori;
2. invita gli Stati partecipanti che non lo abbiano ancora fatto a raccogliere e a registrare informa- zioni, conformemente alle disposizioni nazionali sulla tutela dei dati personali, relative a persone condannate per reati di sfruttamento o violenza sessuale a danno di minori, al fine di facili- tare la cattura dei colpevoli e il monitoraggio della loro libertà vigilata, nonché a elaborare, ove appropriato, strumenti che consentano lo scambio a livello internazionale fra le agenzie preposte all’applicazione della legge di informazioni relative alla condanna e all’interdizione delle persone incriminate per reati di natura sessuale;
3. incoraggia gli Stati partecipanti che non lo abbiano ancora fatto a creare un sistema che con- senta alle forze di polizia di collaborare con le emittenti pubbliche e diffondere rapidamente, ove appropriato, un allarme pubblico a seguito della scomparsa di un minore;
4. sollecita gli Stati partecipanti che non lo abbiano ancora fatto a considerare di perseguire penal- mente l’acquisizione e il possesso deliberato di materiali pedopornografici, poiché la visione e il possesso di tali materiali favoriscono l’espansione di tale industria illecita;
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5. incoraggia gli Stati partecipanti che non lo abbiano ancora fatto a istituire specifici servizi nazio- nali di assistenza telefonica per le denunce di violenza sui minori, ivi incluso lo sfruttamento ses- suale dei bambini su Internet;
6. invita gli Stati partecipanti a favorire, ove appropriato, una maggiore raccolta di dati e ricer- che in merito allo sfruttamento sessuale dei minori e alla pedopornografia su Internet, allo scopo di comprendere meglio la portata e l’evoluzione del problema e pertanto accrescere l’efficacia dei programmi volti a combatterlo;
7. sostiene l’idea che gli Stati partecipanti, conformemente alla legislazione nazionale relativa alla tutela dei dati personali, collaborino non soltanto su scala nazionale ma anche a livello internazio- nale con i fornitori dei servizi di Internet, le società di carte di credito, gli istituti bancari e altre società, al fine di prevenire l’uso di Internet per lo sfruttamento sessuale dei minori e impedire le relative procedure di pagamento con l’obiettivo di rendere tale reato meno redditizio e contra- stare in tal modo la domanda di materiale pedopornografico su Internet;
8. rinnova l’invito agli Stati partecipanti a favorire la tutela giuridica, l’assistenza, appropriate cure mediche, programmi di riabilitazione e reintegrazione per i minori vittima di sfruttamento sessuale e, ove appropriato, ad assicurare il ritorno in condizioni di sicurezza dei minori vittima della tratta internazionale;
9. sollecita gli Stati partecipanti all’OSCE a potenziare ulteriormente la formazione specializzata dei funzionari di polizia, degli insegnanti e del personale sanitario, come appropriato, sul tema della lotta alla pedopornografia su Internet, anche avvalendosi di programmi esistenti come quelli offerti dal Centro internazionale per i bambini scomparsi e sfruttati, e incarica le pertinenti strut- ture esecutive dell’OSCE di facilitare i contatti a tale riguardo;
10. incarica le pertinenti strutture d ell’OSCE di assistere gli Stati partecipanti, su richiesta di questi ultimi, nell’attuazione della presente decisione e della Decisione del Consiglio dei ministri N.15/06, nell’ambito delle risorse disponibili e senza pregiudizio per le attività esistenti;
11. incarica il Segretariato dell’OSCE, nell’ambito delle risorse esistenti, di realizzare sul sito web POLIS della sua Unità per le questioni strategiche di polizia una sezione plurilingue dedicata alla lotta contro lo sfruttamento sessuale dei bambini su Internet e, a tale riguardo, la sezione POLIS dovrebbe creare un foro di esperti incaricato di facilitare l’accesso da parte delle agenzie degli Stati partecipanti preposte all’applicazione della legge alle migliori prassi e alle tecniche investi- gative o al software disponibili e l’accesso all’assistenza in materia di elaborazione di leggi o di modelli legislativi, fornendo informazioni atte a sensibilizzare l’opinione pubblica, nonché colle- gamenti web per il pubblico;
12. incarica il Segretariato dell’OSCE di organizzare nel 2008 un seminario OSCE online, attra- verso il sito web POLIS, sul tema dello sfruttamento sessuale dei bambini su Internet, finanziato con contributi extrabilancio;
13. incarica il Segretario generale, in consultazione con gli Stati partecipanti, di esaminare i modi per accrescere la competenza dell’OSCE in tale materia, nell’ambito delle risorse esistenti e tenendo debito conto delle attività di altre organizzazioni internazionali;
14. invita i Partner per la cooperazione d ell’OSCE a condividere volontariamente gli impegni degli Stati partecipanti nell’ambito della lotta allo sfruttamento sessuale dei minori.
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Decisione N.10/07
Tolleranza e non-discriminazione: promozione del rispetto e della comprensione reciproca
Il Consiglio dei ministri,
riaffermando che il rispetto dei diritti umani e delle libertà fondamentali, della democrazia e dello stato di diritto è al centro del concetto globale di sicurezza dell’OSCE e che la tolleranza e la non discriminazione sono elementi importanti nella promozione dei diritti dell’uomo e dei valori democratici,
riaffermando che le manifestazioni di discriminazione e di intolleranza minacciano la sicurezza dei singoli e la coesione sociale e ribadendo che esse possono dare origine a conflitti e a violenze su più vasta scala,
preoccupato per i crimini ispirati dall’odio che si verificano in tutta la regione dell’OSCE e con- sapevole della necessità di cooperare al fine di combattere in modo efficace tali crimini, e tenendo conto del rapporto dell’ODIHR sui “Crimini ispirati dall’odio nella regione dell’OSCE: incidenti e risposte”, elaborato su incarico degli Stati partecipanti,
riconoscendo il ruolo che i parlamenti nazionali svolgono adottando leggi sui crimini ispirati dall’o- dio e contro la discriminazione e fungendo da sedi per il dibattito nazionale, e riconoscendo inol- tre il ruolo svolto dall’Assemblea parlamentare nel diffondere la conoscenza degli esistenti impegni OSCE nel campo della tolleranza e della non-discriminazione,
ponendo in evidenza il lavoro svolto dai tre Rappresentanti personali del Presidente in esercizio a sostegno dello sforzo globale dell’OSCE nell’ambito della lotta all’intolleranza e alla discrimina- zione e rimanendo in attesa delle conclusioni dell’analisi svolta dal Presidente in esercizio, in con- sultazione con gli Stati partecipanti,
sottolineando che la responsabilità primaria di far fronte ad atti di intolleranza e discriminazione spetta agli Stati partecipanti, ivi compresi i loro rappresentanti politici,
riaffermando il proprio impegno a diffondere la consapevolezza del valore della diversità culturale e religiosa quale fonte di reciproco arricchimento delle società, nonché a riconoscere l’importanza dell’integrazione nel rispetto della diversità culturale e religiosa quale elemento fondamentale per promuovere il rispetto e la comprensione reciproca,
riconoscendo l’importanza del ruolo che i giovani possono svolgere nella promozione del rispetto e della comprensione reciproca fra culture e religioni, contribuendo alla promozione della demo- crazia, dei diritti umani e delle libertà fondamentali, e a tale riguardo prendendo nota del Foro della gioventù, tenuto a Madrid il 5 e 6 novembre 2007,
riconoscendo che le manifestazioni di intolleranza e discriminazione possono pregiudicare gli sforzi volti a tutelare i diritti dei singoli, inclusi i migranti, i rifugiati, le persone appartenenti a minoranze nazionali e gli apolidi,
riconoscendo l’importanza della libertà di religione o di credo nonché dell’educazione alla tolle- ranza e alla non discriminazione quali mezzi per promuovere il rispetto e la comprensione reciproca,
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e a tale riguardo prendendo nota dei “Principi guida di Toledo sull’insegnamento delle religioni e dei credi nelle scuole pubbliche”,
ribadendo l’interesse d ell’OSCE per l’iniziativa “Alleanza delle civiltà”, ai fini della valutazione di un appropriato contributo dell’OSCE alla fase di attuazione del rapporto del Gruppo ad alto livello,
prendendo atto della nomina dell’Alto Rappresentante per l’Alleanza delle civiltà e della presen- tazione da parte di quest’ultimo del Piano di attuazione (2007-2009) alla riunione ministeriale del Gruppo di amici del settembre 2007 a New York, nonché dell’imminente svolgimento del Primo Foro annuale dell’Alleanza, che si terrà a Madrid nel gennaio 2008,
ricordando gli impegni OSCE in materia di promozione della tolleranza e della non discrimina- zione, assunti in occasione di precedenti riunioni del Consiglio dei ministri, e prendendo nota degli esiti delle varie conferenze incentrate sulla tolleranza e la non discriminazione,
esprimendo apprezzamento per la Conferenza OSCE ad alto livello sulla lotta alla discrimina- zione e sulla promozione del rispetto e della comprensione reciproca, tenuta a Bucarest nel giugno 2007, che ha fatto seguito alla Conferenza di Cordoba sull’antisemitismo e su altre forme di intol- leranza del 2005, e prendendo atto della Dichiarazione resa dal Presidente in esercizio, nota come Dichiarazione di Bucarest,
ricordando altresì la Conferenza della Presidenza d ell’OSCE sull’intolleranza e la discriminazione nei confronti dei musulmani, tenuta a Cordova in ottobre, e prendendo atto della “Dichiarazione di Cordova della Presidenza sulla lotta all’intolleranza e alla discriminazione nei confronti dei musulmani”,
consapevole della specificità delle diverse forme di intolleranza, pur riconoscendo al tempo stesso l’importanza di adottare un approccio globale e di affrontare questioni di natura trasversale in settori quali, tra l’altro, la legislazione, l’applicazione della legge, la raccolta di dati e il monitorag- gio dei crimini ispirati dall’odio, l’istruzione, i mezzi d’informazione e i discorsi pubblici costrut- tivi, nonché la promozione del dialogo interculturale, al fine di contrastare in modo efficace ogni forma di discriminazione,
1. invita i rappresentanti politici, inclusi i membri dei parlamenti, ad adoperarsi costantemente per respingere e condannare con forza le manifestazioni di razzismo, xenofobia, antisemitismo, discriminazione e intolleranza, anche nei confronti dei cristiani, degli ebrei, dei musulmani e di persone appartenenti ad altre religioni, nonché le manifestazioni violente di estremismo associato al nazionalismo aggressivo e al neonazismo, pur continuando a rispettare la libertà di espressione;
2. sottolinea la perdurante necessità che gli Stati partecipanti raccolgano e conservino dati e stati- stiche affidabili sui crimini e sugli incidenti ispirati dall’odio, assicurino la formazione dei funzio- nari competenti delle forze dell’ordine e rafforzino la cooperazione con la società civile;
3. incoraggia la promozione di programmi educativi negli Stati partecipanti, al fine di sensibiliz- zare i giovani ai valori del rispetto e della comprensione reciproca;
4. ribadisce di riconoscere il ruolo essenziale che mezzi di informazione liberi e indipendenti possono svolgere nelle società democratiche e la forte influenza che essi possono esercitare nel contrastare o esacerbare percezioni errate e pregiudizi, e in tale senso continua a incoraggiare i giornalisti ad adottare volontariamente standard professionali, codici di autoregolamentazione
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e altri meccanismi appropriati che garantiscano maggiore professionalità, accuratezza e adesione a principi deontologici in ambito giornalistico;
5. invita gli Stati partecipanti, in cooperazione con la società civile, ad accrescere nell’ambito della loro legislazione nazionale gli sforzi volti a combattere l’incitamento alla violenza e ai crimini ispi- rati dall’odio, anche attraverso Internet, pur nel rispetto della libertà di espressione, e sottolinea al tempo stesso che si dovrebbero sfruttare appieno le opportunità offerte da Internet per promuo- vere la democrazia, i diritti dell’uomo e l’educazione alla tolleranza;
6. sollecita un maggiore impegno nell’ambito dell’attuazione del Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE;
7. invita gli Stati partecipanti a tutelare i migranti che risiedono legalmente nei paesi ospitanti, nonché le persone appartenenti a minoranze nazionali, gli apolidi e i rifugiati per motivi di razzi- smo, xenofobia, discriminazione e violenti atti di intolleranza; invita inoltre ad elaborare o raffor- zare strategie e programmi nazionali per l’integrazione dei migranti regolari, che richiede altresì l’impegno attivo di questi ultimi;
8. incoraggia gli Stati partecipanti a condividere le migliori prassi adottate nell’ambito delle rispet- tive legislazioni, politiche e programmi, che contribuiscono a promuovere società inclusive basate sul rispetto della diversità culturale e religiosa, dei diritti umani e dei principi democratici;
9. si impegna ad assicurare efficienti seguiti ai lavori svolti finora dagli Stati partecipanti e dalle pertinenti istituzioni OSCE, in particolare dall’ODIHR attraverso il suo programma Tolleranza e non discriminazione, intesi a promuovere, nell’ambito dei loro mandati, la tolleranza e la non discriminazione, sottolineando l’importanza di attuare gli esistenti impegni OSCE tenendo in considerazione l’esperienza e la competenza di altre organizzazioni internazionali e regionali competenti in tale campo al fine di evitare duplicazioni, e prenderà in considerazione la convo- cazione di future conferenze a livello politico, possibilmente a intervalli regolari, insieme a riu- nioni di attuazione nel 2008;
10. incoraggia la creazione da parte degli Stati partecipanti che non lo abbiano ancora fatto di isti- tuzioni nazionali o di organi specializzati incaricati di combattere l’intolleranza e la discrimina- zione, nonché l’elaborazione e attuazione di strategie nazionali e di piani d’azione in tale campo, avvalendosi dell’esperienza e dell’assistenza delle pertinenti istituzioni OSCE, in base agli impe- gni esistenti, e delle pertinenti agenzie internazionali, ove appropriato;
11. decide di prendere in considerazione un appropriato contributo dell’OSCE alla fase di attua- zione delle raccomandazioni del Gruppo ad alto livello dell’Alleanza delle civiltà, tenendo conto del Piano d’attuazione elaborato dall’Alto Rappresentante delle Nazioni Unite per l’Alleanza delle civiltà, e raccomanda che il Segretario generale dell’OSCE, in consultazione con il Presidente in esercizio, partecipi al prossimo Foro annuale dell’Alleanza da tenersi a Madrid e riferisca agli Stati partecipanti in merito agli esiti di tale evento.
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I. Dichiarazioni del Consiglio dei ministri
Dichiarazione ministeriale resa in occasione del sessantesimo anniversario della Dichiarazione universale dei diritti dell’uomo
Noi, membri del Consiglio dei ministri dell’OSCE, riaffermiamo il nostro forte impegno nei con- fronti della Dichiarazione universale dei diritti dell’uomo (“la Dichiarazione universale”), adot- tata dall’Assemblea generale delle Nazioni Unite il 10 dicembre 1948.
In occasione del sessantesimo anniversario dell’adozione della Dichiarazione universale, reiteriamo il nostro impegno ad agire conformemente alle finalità e ai principi della Carta delle Nazioni Unite e alla Dichiarazione universale dei diritti dell’uomo.
Nello spirito dell’Atto Finale di Helsinki, sottolineiamo i principi che regolano le relazioni tra gli Stati partecipanti ivi sanciti, in particolare il rispetto dei diritti dell’uomo e delle libertà fondamentali.
Sottolineiamo che tutti i diritti dell’uomo sono universali.
Manteniamo l’impegno a rispettare la dignità inerente all’essere umano, come riconosciuto nella Dichiarazione universale e nei pertinenti documenti dell’OSCE da noi concordati.
Dichiariamo che i diritti contenuti nella Dichiarazione universale conservano la loro pertinenza.
Riaffermiamo il nostro impegno a garantire la piena attuazione degli impegni OSCE nel quadro della dimensione umana. Tutti gli impegni OSCE, senza eccezione alcuna, si applicano indistin- tamente a ciascuno degli Stati partecipanti.
Ribadiamo il legame indissolubile tra la garanzia del rispetto dei diritti dell’uomo e il manteni- mento della pace, della giustizia, del benessere dei popoli e della stabilità, come riconosciuto nel Concetto OSCE per la sicurezza comune e globale.
Tenendo conto dei principi che regolano le relazioni tra gli Stati partecipanti sanciti nell’Atto Finale di Helsinki, riaffermiamo che gli impegni assunti nel quadro della dimensione umana dell’OSCE sono questioni di diretto e legittimo interesse per tutti gli Stati partecipanti e non rientrano esclusi- vamente negli affari interni dello Stato interessato, come stipulato nel documento di Mosca del 1991.
Riconosciamo il prezioso contributo dell’OSCE nella promozione e tutela dei diritti sanciti nella Dichiarazione universale, nonché, in particolare, il lavoro svolto dell’Ufficio per le istituzioni demo- cratiche e i diritti dell’uomo (ODHIR) per assistere gli Stati partecipanti, conformemente al suo mandato, nell’attuazione degli impegni nel quadro della dimensione umana.
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In occasione del decimo anniversario dell’Ufficio del Rappresentante per la libertà dei mezzi di informazione, prendiamo atto del lavoro svolto da tale istituzione nel promuovere mezzi di infor- mazione indipendenti e pluralistici quale componente essenziale per una società libera e aperta e per sistemi di governo responsabili. Invitiamo gli Stati partecipanti e i Partner per la coopera- zione a creare un ambiente in cui possano prosperare mezzi di informazione liberi e indipendenti.
In occasione del quindicesimo anniversario dell’Alto Commissario per le minoranze nazionali, riconosciamo il ruolo che egli svolge.
Manteniamo l’impegno a edificare, consolidare e rafforzare la democrazia nei nostri Paesi.
Riaffermiamo il nostro impegno nei confronti dello stato di diritto e dell’uguale tutela per tutti ai sensi della legge, fondata sul rispetto dei diritti umani e su sistemi giuridici efficaci, accessi- bili ed equi.
Sottolineiamo che ciascun individuo ha diritto alla vita, alla libertà e alla sicurezza personale; nes- sun individuo deve essere tenuto in stato di schiavitù né essere sottoposto a tortura o a trattamenti o pene crudeli, disumani e degradanti.
Riconosciamo che i diritti umani sono più tutelati nelle società democratiche, in cui le decisioni sono prese con massima trasparenza e ampia partecipazione. Sosteniamo una società civile plurali- stica e incoraggiamo partenariati con diversi attori per la promozione e la tutela dei diritti umani.
Ribadiamo che ciascun individuo ha il diritto alla libertà di pensiero, coscienza, religione e credo, alla libertà di opinione e di espressione e alla libertà di riunione e di associazione pacifica. L’eserci- zio di tali diritti può essere soggetto esclusivamente alle restrizioni previste dalla legge e in confor- mità ai nostri obblighi ai sensi del diritto internazionale nonché ai nostri impegni internazionali.
Dichiarazione ministeriale sul sessantesimo anniversario della Convenzione per la prevenzione e la repressione del reato di genocidio
Noi, membri del Consiglio dei ministri dell’OSCE, celebriamo il sessantesimo anniversario della Convenzione per la prevenzione e la repressione del reato di genocidio, adottata dall’Assemblea generale delle Nazioni Unite il 9 dicembre 1948 (qui di seguito denominata Convenzione).
Prendiamo atto che la Dichiarazione universale dei diritti dell’uomo ha riconosciuto la dignità ine- rente a tutti i membri della famiglia umana e i loro diritti uguali e inalienabili quale fondamento della libertà, della giustizia e della pace nel mondo, e reiteriamo altresì i pertinenti impegni con- templati nell’Atto finale di Helsinki.
Riaffermiamo il significato della Convenzione quale importante strumento internazionale per la prevenzione e la repressione del reato di genocidio.
Invitiamo gli Stati partecipanti, che non l’abbiano ancora fatto, a considerare di divenire quanto prima parte della Convenzione e di aderire a tale quadro globale volto a prevenire e reprimere il reato di genocidio. Invitiamo inoltre gli Stati Parte a potenziare e intensificare le loro attività volte alla piena attuazione dei loro obblighi ai sensi della Convenzione.
Rileviamo che, adottando la Convenzione, le Nazioni Unite hanno riconosciuto che il reato di geno- cidio costituiva una terribile piaga che aveva inflitto gravi perdite all’umanità e hanno convenuto
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sulla necessità di instaurare una cooperazione internazionale al fine di facilitare rapide misure di prevenzione e repressione del reato di genocidio.
Riconosciamo che il genocidio è uno dei reati più gravi ai sensi del diritto internazionale, condan- nato dall’intera comunità internazionale e che non può essere mai giustificato.
II. Decisioni del Consiglio dei ministri
Decisione N.5/08
Potenziamento delle risposte della giustizia penale alla tratta di esseri umani attraverso un approccio globale
Il Consiglio dei ministri,
sottolineando la sua forte preoccupazione per la persistente diffusione della tratta di esseri umani nella regione dell’OSCE,
considerando che la tratta di esseri umani è un crimine grave ed efferato che viola la dignità umana e pregiudica il godimento dei diritti dell’uomo e delle libertà fondamentali, e che alimenta le reti della criminalità organizzata,
prendendo atto della Convenzione del Consiglio d’Europa sulla lotta contro la tratta di esseri umani,
riaffermando tutti gli impegni dell’OSCE volti a combattere la tratta di esseri umani con parti- colare riguardo al Piano di azione dell’OSCE per la lotta alla tratta di esseri umani, incluso il suo Addendum “Affrontare le esigenze specifiche di tutela e assistenza dei minori vittime della tratta” (il Piano di azione dell’OSCE), e la necessità della loro attuazione,
ribadendo l’importante ruolo del Rappresentante speciale e coordinatore per la lotta alla tratta di esseri umani (Rappresentante speciale) nell’assistere gli Stati partecipanti ad attuare gli impe- gni OSCE in materia di lotta alla tratta di esseri umani,
reiterando la sua preoccupazione per il fatto che, nonostante le misure adottate con continuità a livello internazionale e nazionale, il numero delle vittime di tratta individuate e assistite resta limi- tato e che pochi trafficanti sono stati assicurati alla giustizia,
riconoscendo che la prestazione di assistenza e protezione adeguate alle vittime di tratta di esseri umani nonché il potenziamento della capacità di individuare le vittime rappresentano presupposti necessari per una risposta efficace della giustizia penale alla tratta di esseri umani, incluso il per- seguimento dei trafficanti e dei loro complici,
ribadendo che l’impegno di contrastare tale crimine si applica indistintamente ai paesi di origine, transito e destinazione,
riaffermando il nostro appoggio agli sforzi intrapresi dagli Stati partecipanti in cooperazione con organizzazioni internazionali e regionali, organizzazioni non governative e altri pertinenti orga- nismi per considerare un approccio globale, coordinato e integrato volto a contrastare la tratta di esseri umani, che preveda, tra l’altro, misure per prevenire la tratta di esseri umani, proteg- gere e assistere le vittime nel pieno rispetto dei diritti umani, perseguire i trafficanti, nonché per
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contrastare le attività di organizzazioni criminali transnazionali e di altra natura che traggono vantaggio dalla tratta di esseri umani,
prendendo nota della Conferenza OSCE sull’“Efficace perseguimento della tratta: sfide e buone prassi”, svoltasi a Helsinki il 10-11 settembre 2008,
determinato a potenziare l’efficacia delle risposte della giustizia penale alla lotta alla tratta di esseri umani,
1. incoraggia gli Stati partecipanti, che non l’abbiamo ancora fatto, ad assicurare che tutte le forme di tratta di esseri umani come definite nel Piano di azione dell’OSCE siano perseguite penalmente ai sensi delle loro legislazioni nazionali e che gli autori di reati di tratta non godano di impunità;
2. incoraggia gli Stati partecipanti ad assicurare che i programmi di studio del personale responsa- bile dell’applicazione della legge comprendano una formazione in materia di lotta alla tratta e che sia prevista una formazione specifica sulla lotta alla tratta per funzionari competenti che operano presso servizi nazionali preposti all’azione penale e nella magistratura. Ciascuno Stato parteci- pante terrà in considerazione le politiche e le implicazioni riguardanti la tratta di esseri umani nella formazione del suo personale militare e civile da dispiegare all’estero;
3. esorta gli Stati partecipanti ad assicurare che le autorità preposte all’applicazione della legge e, ove appropriato, la magistratura, cooperino fra loro e con altri organismi, compresi i servizi sociali e, ove appropriato, con pertinenti organizzazioni della società civile al fine di potenziare le capa- cità d’individuazione delle vittime di tratta;
4. incoraggia gli Stati partecipanti, ove appropriato e ove previsto dalle loro rispettive leggi, ad assi- curare che organizzazioni della società civile per la tutela dei diritti delle vittime di tratta abbiano la possibilità di prestare assistenza e sostegno alle vittime anche durante i procedimenti giudiziari penali e, in tale contesto, a considerare di avviare una cooperazione fra autorità preposte all’appli- cazione della legge e organizzazioni della società civile;
5. invita gli Stati partecipanti ad assicurare che, se le autorità hanno ragionevoli motivi di credere che una persona sia stata vittima di tratta, tale persona non venga espulsa finché la procedura di individuazione sia stata adeguatamente completata e sia stata prestata a tale persona adeguata assistenza, compresi, ai sensi della legge nazionale, un adeguato periodo di recupero e di rifles- sione durante il quale l’espulsione non sarà applicata;
6. incoraggia gli Stati partecipanti ad assicurare che le vittime di tratta abbiano immediato accesso ad un alloggio sicuro, a cure mediche e psicologiche e a consigli riguardanti i diritti che la legge riconosce loro e i servizi messi a loro disposizione;
7. invita gli Stati partecipanti che non l’abbiano ancora fatto a prevedere misure speciali di prote- zione e assistenza a minori vittima di tratta durante i procedimenti giudiziari penali, conforme- mente ai principi del superiore interesse del minore, della non discriminazione, della partecipazione e dell’opportunità del minore di essere ascoltato;
8. esorta gli Stati partecipanti che non l’abbiano ancora fatto ad assicurare che le indagini e le azioni penali relative alla tratta non siano subordinate alla presenza di dichiarazioni o accuse for- mulate dalle vittime;
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9. invita gli Stati partecipanti a proseguire i loro sforzi volti ad assicurare che le vittime siano trat- tate in modo che sia rispettato il pieno godimento dei diritti umani senza intimidazioni o vessa- zioni, e sia riconosciuta la necessità della vittima di disporre di tempo sufficiente per riprendersi dal trauma;
10. incoraggia gli Stati partecipanti ad adottare misure in conformità alle condizioni previste dalle loro rispettive leggi affinché le vittime di tratta abbiano la possibilità di ottenere un indennizzo equo e adeguato per il danno subito e di ottenere un risarcimento durante il procedimento giudi- ziario penale e/o civile come appropriato;
11. chiede una maggiore cooperazione dei servizi preposti all’applicazione della legge e delle auto- rità preposte all’azione penale nazionali con pertinenti organismi internazionali, comprese l’In- terpol e l’Europol, e con servizi preposti all’applicazione della legge di altri Stati partecipanti, ad esempio, attraverso l’impiego di ufficiali di collegamento o squadre investigative congiunte, ove ciò potenzi l’efficacia e l’efficienza delle risposte della giustizia penale;
12. esorta gli Stati partecipanti ad intensificare le misure per sopprimere le reti di tratta, anche attraverso indagini finanziarie, indagini relative al riciclaggio di denaro riconducibile ad attività di tratta e il congelamento o il sequestro di beni dei trafficanti;
13. incarica il Rappresentante speciale, nell’ambito delle risorse esistenti, di raccomandare, in coo- perazione con gli Stati partecipanti, misure per potenziare ulteriormente le risposte della giustizia penale alla tratta di esseri umani, riferendone regolarmente al Consiglio permanente.
Decisione N.6/08
Potenziamento delle iniziative dell’OSCE volte ad attuare il piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE
Il Consiglio dei ministri,
riaffermando gli impegni dell’OSCE relativi ai rom e ai sinti, in particolare quelli previsti nel Piano d’azione 2003 per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE,
riconoscendo l’importante quadro che il Piano di azione offre per la promozione e la tutela dei diritti umani delle popolazioni rom e dei sinti da parte degli Stati partecipanti,
invitando gli Stati partecipanti a potenziare le loro iniziative per assicurare la piena partecipa- zione dei rom e dei sinti alla società e ad adottare misure per eliminare la discriminazione nei loro confronti,
ricordando che il razzismo e la discriminazione continuano a colpire i rom e i sinti in tutta l’area dell’OSCE e che gli Stati partecipanti si sono impegnati a rafforzare le loro politiche e le misure pratiche adottate per contrastare tali fenomeni,
ricordando l’importanza della cultura e della lingua rom quale parte dell’eredità culturale di molti Paesi e quale elemento integrante dell’identità dei rom e dei sinti,
prendendo nota del Rapporto dell’ODIHR del 2008 (Rapporto sulla situazione) sullo stato di attua- zione del Piano di azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE quale mezzo per sostenere l’effettiva attuazione degli impegni OSCE relativi ai rom e ai sinti,
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riaffermando il contributo del Punto di contatto dell’ODIHR per le questioni relative ai rom e ai sinti nel processo di regolare revisione e valutazione dell’attuazione del Piano di azione,
ricordando l’importanza delle pertinenti istituzioni e strutture dell’OSCE nel sostegno all’attua- zione del Piano di azione e sottolineando inoltre l’importanza di un efficace coordinamento e coo- perazione in seno all’OSCE,
tenendo conto della Riunione supplementare nel quadro della dimensione umana sulle politiche sostenibili per l’integrazione dei rom e dei sinti, svoltasi il 10-11 luglio 2008;
determinato a potenziare le iniziative dell’OSCE volte ad attuare il Piano di azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE,
1. esorta gli Stati partecipanti a garantire pari accesso all’istruzione e a promuovere l’istruzione primaria per bambini rom e sinti quale strumento per prevenire l’esclusione e l’emarginazione sociale e per consentire un miglioramento di lunga durata della situazione dei rom e dei sinti. In tale contesto, sottolinea che le politiche educative dovrebbero favorire l’integrazione delle popo- lazioni rom e sinti nel sistema scolastico ordinario;
2. invita l ’ODIHR, nell’ambito delle risorse esistenti, ad assistere gli Stati partecipanti, su loro richie- sta, nella promozione dell’accesso dei bambini rom e sinti all’istruzione primaria. Al riguardo, esorta gli Stati partecipanti, ove appropriato, ad intraprendere iniziative di sensibilizzazione dell’opi- nione pubblica, che includano anche le comunità rom e sinti, sui vantaggi dell’istruzione primaria;
3. invita gli Stati partecipanti, in cooperazione con le popolazioni rom e sinti, ad intensificare i propri sforzi per sensibilizzare i rom e i sinti sull’importanza dell’iscrizione alla scuola e la sua regolare frequentazione;
4. incoraggia gli Stati partecipanti a prendere in considerazione le questioni attinenti ai rom e ai sinti nella revisione della loro legislazione e delle loro politiche sui rom e i sinti, specialmente nei settori prioritari del Piano di azione del 2003 per migliorare la situazione dei rom e dei sinti nell’a- rea dell’OSCE;
5. chiede che vengano istituite autorità nazionali responsabili per la situazione dei rom e dei sinti, al pari di quelle competenti per le minoranze, per l’accesso ai servizi sanitari, per l’istruzione, per le abitazioni, per l’attività antidiscriminazione, la polizia e i mezzi d’informazione, al fine di poten- ziare i loro sforzi volti ad assicurare l’attuazione degli impegni dell’OSCE nel quadro della legisla- zione nazionale in materia di eguaglianza e non discriminazione. In tale contesto, si dovrà dedicare speciale attenzione alla situazione delle donne e delle ragazze rom;
6. incoraggia gli Stati partecipanti che non l’abbiano ancora fatto a mettere a punto quadri istituzio- nali che coinvolgano organismi rom e pertinenti organismi governativi a livelli appropriati, al fine di facilitare l’attuazione di politiche e programmi volti a migliorare la situazione dei rom e dei sinti;
7. incoraggia gli Stati partecipanti a potenziare i loro sforzi volti a coinvolgere attivamente le comu- nità rom e sinti nell’elaborazione di politiche e a promuovere l’effettiva partecipazione dei rom e dei sinti alla vita pubblica e politica;
8. chiede che vengano proseguiti il coordinamento e la cooperazione nell’ambito di risorse esi- stenti d ell’OSCE e con pertinenti attori internazionali quali il Consiglio d’Europa e l’Unione euro- pea, ove appropriato;
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9. chiede che siano intrapresi maggiori sforzi per sensibilizzare l’opinione pubblica sugli impe- gni OSCE relativi ai rom e ai sinti e, a tale riguardo, sottolinea il valore dei rapporti del Diret- tore dell’ODIHR quale parte della sua regolare attività di resoconto al Consiglio permanente sullo stato di attuazione del Piano di azione, come sancito dagli articoli 133 e 134, Capitolo X, del Piano di azione stesso.
Decisione N.7/08
Ulteriore rafforzamento dello stato di diritto nell’area dell’OSCE
Il Consiglio dei ministri,
riaffermando gli impegni degli Stati partecipanti all’OSCE relativi allo stato di diritto e ai Principi che reggono le relazioni fra gli Stati partecipanti contemplati nell’Atto finale di Helsinki del 1975, nonché all’esecuzione in buona fede degli obblighi di diritto internazionale e ribadendo la deter- minazione degli Stati partecipanti all’OSCE di promuovere il rigoroso rispetto di tali principi,
ricordando i documenti OSCE adottati a Vienna nel 1989, a Copenaghen nel 1990, a Mosca nel 1991, a Budapest nel 1994 e a Istanbul nel 1999 e la Decisione N.12/05 del Consiglio dei ministri di Lubiana sulla Tutela dei diritti umani e dello stato di diritto nei sistemi di giustizia penale,
ricordando inoltre la Dichiarazione universale dei diritti dell’uomo e prendendo nota della Con- venzione internazionale sui diritti civili e politici,
ricordando inoltre altri documenti pertinenti delle Nazioni Unite in cui si afferma, tra l’altro, la necessità di un’adesione universale allo stato di diritto e di una sua applicazione sia a livello nazionale che internazionale, l’impegno verso un ordine internazionale basato sullo stato di diritto e sul diritto internazionale,
sottolineando l’importanza da noi attribuita ai diritti dell’uomo, allo stato di diritto e alla demo- crazia, che sono interconnessi e si rafforzano reciprocamente,
sottolineando inoltre l’importanza dello stato di diritto quale elemento transdimensionale per assicurare il rispetto dei diritti dell’uomo e della democrazia, sicurezza e stabilità, buongoverno, relazioni economiche e commerciali reciproche, sicurezza degli investimenti e un clima impren- ditoriale favorevole nonché il suo ruolo nella lotta alla corruzione, alla criminalità organizzata e a tutti i tipi di traffico illecito, fra cui quello degli stupefacenti e delle armi, nonché alla tratta di esseri umani, fungendo in tal modo da base per lo sviluppo politico, economico, sociale e ambientale negli Stati partecipanti,
sottolineando inoltre l’importanza dello stato di diritto nell’attuazione delle decisioni e dei docu- menti OSCE nella sfera politico-militare,
tenendo conto delle attività relative allo stato di diritto di pertinenti strutture esecutive d ell’OSCE, in particolare, il Segretariato, l ’ODIHR e le operazioni OSCE sul terreno, volte ad assistere gli Stati par- tecipanti nel potenziamento delle capacità nell’ambito dello stato di diritto, e tenendo altresì conto del ruolo dell’Assemblea parlamentare inteso a promuovere lo stato di diritto nell’area dell’OSCE,
tenendo conto di pertinenti eventi OSCE sullo stato di diritto, in particolare il Seminario 2008 dell’OSCE nel quadro della dimensione umana sulla giustizia costituzionale nonché pertinenti Riunioni supplementari nel quadro della dimensione umana,
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tenendo conto delle attività bilaterali in corso e previste degli Stati partecipanti, riguardanti lo stato di diritto,
sottolineando l’importanza di dotare l’OSCE di una personalità giuridica, di capacità giuridica, di privilegi e immunità e rafforzando in tal modo il quadro giuridico dell’OSCE,
1. invita gli Stati partecipanti all’OSCE ad adempiere ai loro obblighi ai sensi del diritto interna- zionale e a rispettare i loro impegni OSCE riguardanti lo stato di diritto sia a livello internazio- nale che nazionale, anche nell’ambito di tutti gli aspetti della loro legislazione, amministrazione e del loro sistema giudiziario;
2. invita gli Stati partecipanti a contribuire, ove appropriato, ai progetti e ai programmi dell’OSCE che sostengono lo stato di diritto;
3. incoraggia le pertinenti strutture esecutive dell’OSCE, in conformità ai loro mandati e nell’am- bito delle loro risorse, in cooperazione con pertinenti organizzazioni internazionali, a continuare a individuare e impiegare sinergie al fine di assistere gli Stati partecipanti, su loro richiesta, nel rafforzamento dello stato di diritto;
4. incoraggia gli Stati partecipanti, con l’assistenza, ove appropriato, delle pertinenti strutture esecutive dell’OSCE in conformità ai loro mandati e nell’ambito delle loro risorse, a proseguire e potenziare i loro sforzi volti a scambiare informazioni e migliori prassi e a rafforzare lo stato di diritto, fra l’altro, nelle seguenti aree: • indipendenza della magistratura, efficace amministrazione della giustizia, diritto a un equo pro- cesso, accesso alla giustizia, responsabilità delle istituzioni e dei funzionari dello Stato, rispetto dello stato di diritto nella pubblica amministrazione, diritto all’assistenza legale e rispetto dei diritti umani delle persone in stato di detenzione; • adempimento degli obblighi ai sensi del diritto internazionale quale elemento fondamentale del rafforzamento dello stato di diritto nell’area dell’OSCE; • adesione al principio della composizione pacifica delle controversie; • rispetto dello stato di diritto e dei diritti dell’uomo nell’ambito della lotta al terrorismo confor- memente ai loro obblighi ai sensi del diritto internazionale e degli impegni OSCE; • prevenzione della tortura e di altre pene o trattamenti crudeli, disumani o degradanti, anche attraverso la cooperazione con pertinenti organismi intergovernativi; • legislazioni efficienti e quadri amministrativi e giudiziari che facilitino le attività economiche, il commercio e gli investimenti negli e fra gli Stati partecipanti; • rispetto dello stato di diritto per quanto riguarda la protezione dell’ambiente naturale nell’a- rea dell’OSCE; • attività di sensibilizzazione su questioni relative allo stato di diritto presso tribunali, autorità preposte all’applicazione della legge, apparati di polizia e sistemi penitenziari nonché nel qua- dro della formazione di operatori nell’ambito del diritto; • educazione allo stato di diritto nonché opportunità di interazione e scambio per operatori nell’ambito del diritto, accademici e studenti di diritto di differenti Stati partecipanti all’OSCE nell’area dell’OSCE; • il ruolo delle corti costituzionali o di istituzioni analoghe degli Stati partecipanti quale stru- mento per assicurare che i principi dello stato di diritto, della democrazia e dei diritti dell’uomo siano rispettati in tutte le istituzioni statali;
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• la messa a disposizione di strumenti giuridici efficaci, ove appropriato, e l’accesso ad essi; • rispetto delle norme e delle prassi relative allo stato di diritto nel sistema di giustizia penale; • lotta alla corruzione;
5. incarica le pertinenti strutture esecutive dell’OSCE, in stretta consultazione e cooperazione con gli Stati partecipanti e nell’ambito delle risorse esistenti, di organizzare nel 2009 un seminario avente per tema lo stato di diritto, che potrebbe fungere da piattaforma per lo scambio di migliori prassi fra gli Stati partecipanti su questioni relative allo stato di diritto.
Decisione N.8/08
Contributo dell’OSCE alla fase di attuazione dell’iniziativa per un’alleanza delle civiltà
Il Consiglio dei ministri,
riconoscendo la necessità di promuovere la comprensione reciproca e le relazioni di cooperazione fra le nazioni, trasversalmente rispetto alle culture e alle civiltà,
determinato a contrastare la radicalizzazione e l’estremismo violento che portano al terrorismo,
sottolineando il ruolo dell’OSCE quale accordo regionale ai sensi del Capitolo VIII della Carta delle Nazioni Unite,
evidenziando il persistente interesse d ell’OSCE per l’iniziativa “Alleanza delle civiltà”, creata sotto gli auspici delle Nazioni Unite, in linea con le decisioni del Consiglio dei ministri di Lubiana, Bru- xelles e Madrid,
ribadendo i nostri impegni a combattere l’intolleranza e la discriminazione e a promuovere il mutuo rispetto e la comprensione reciproca,
ricordando il contributo iniziale d ell’OSCE all’iniziativa “Alleanza delle civiltà”, presentato al Segre- tario generale delle Nazioni Unite nel 2006,
tenendo conto del Piano di attuazione elaborato dall’Alto Rappresentante delle Nazioni Unite per l’iniziativa “Alleanza delle civiltà”,
decide, nell’ambito delle risorse esistenti, di:
1. autorizzare il Segretario generale dell’OSCE a seguire gli sviluppi dell’“Alleanza delle civiltà” e a considerare le possibilità di cooperazione nell’ambito dei progetti dell’“Alleanza delle civiltà” in settori di interesse comune e di reciproco vantaggio che consentano progressi nell’attuazione degli impegni OSCE, nonché incaricarlo di riferire in merito agli Stati partecipanti;
2. raccomandare che il Segretario generale d ell’OSCE, in consultazione con il Presidente in esercizio, partecipi al prossimo Secondo Foro dell’iniziativa “Alleanza delle civiltà” da tenersi il 2 e 3 aprile 2009 a Istanbul, e riferisca agli Stati partecipanti in merito agli esiti di tale evento.
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Decisione N.10/08
Ulteriore promozione dell’azione di contrasto al terrorismo da parte dell’OSCE
Il Consiglio dei ministri,
sottolineando nuovamente la determinazione degli Stati partecipanti a ll’OSCE a combattere il ter- rorismo in tutte le sue forme e manifestazioni, quale crimine privo di giustificazione, qualunque ne sia la motivazione o l’origine, e a condurre questa lotta nel rispetto dello stato di diritto e in conformità con i loro obblighi ai sensi del diritto internazionale, in particolar modo del diritto internazionale in materia di diritti umani, dei rifugiati e del diritto internazionale umanitario,
ribadendo gli impegni OSCE esistenti in materia di lotta al terrorismo e l’intenzione di mantenere le attività di contrasto al terrorismo tra le priorità dell’OSCE,
riaffermando il sostegno degli Stati partecipanti a ll’OSCE alla Strategia globale delle Nazioni Unite contro il terrorismo,
accogliendo con favore la Dichiarazione dei leader del G8 sul contrasto al terrorismo, adottata il 9 luglio 2008 al vertice di Hokkaido Toyako,
ribadendo la necessità di affrontare le condizioni che possono alimentare e sostenere il terrorismo, in particolare rispettando appieno la democrazia e lo stato di diritto, consentendo a tutti i citta- dini di partecipare pienamente alla vita politica, impedendo la discriminazione e incoraggiando il dialogo interculturale ed interreligioso nelle loro società, coinvolgendo la società civile nella ricerca di una composizione politica comune ai conflitti, promuovendo i diritti umani e la tolle- ranza e lottando contro la povertà,
Richiamando, tra l’altro, la Dichiarazione del Consiglio dei ministri di Sofia sulla Prevenzione e la lotta al terrorismo (2004), la Dichiarazione del Consiglio dei ministri di Bruxelles sul Sostegno e la promozione del quadro giuridico internazionale per contrastare il terrorismo (MC.DOC/5/06/ Corr.1) e la Dichiarazione del Consiglio dei ministri di Madrid sul Sostegno alla strategia globale delle Nazioni Unite contro il terrorismo (MC.DOC/3/07/Corr.1),
ricordando la Decisione N.5/07 del Consiglio dei ministri di Madrid sui Partenariati pubblico-pri- vati per contrastare il terrorismo e la Decisione N.6/07 del Consiglio dei ministri di Madrid sulla Protezione delle infrastrutture energetiche critiche da attacchi terroristici,
prendendo nota della Conferenza OSCE nel quadro dei seguiti sui partenariati pubblico-privati intitolata “Partenariato fra autorità statali, società civile e comunità imprenditoriale nella lotta al terrorismo”, organizzata a Vienna il 15 e 16 settembre 2008, che ha contribuito a individuare possibili aree di ulteriore cooperazione nel campo dei partenariati pubblico-privati nel contrasto al terrorismo,
tenendo conto del Seminario sulla lotta all’estremismo violento e la radicalizzazione che conducono al terrorismo, svoltosi il 24 ottobre 2008 a Vienna, che ha individuato la necessità di una migliore comprensione dei fenomeni nonché di risposte multidimensionali,
prendendo nota del Seminario intitolato “Rafforzare la cooperazione giudiziaria su questioni penali connesse al terrorismo”, svoltosi l’1 e il 2 aprile 2008 ad Ankara, Turchia, che ha sottoline- ato la necessità di rafforzare la cooperazione in questo campo,
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prendendo altresì nota della Conferenza OSCE sub-regionale in Asia centrale sui Partenariati pub- blico-privati, svoltasi il 4 e 5 novembre 2008 a Bishkek, Repubblica Kirghiza, che ha dimostrato l’importanza di sviluppare partenariati pubblico-privati per contrastare il terrorismo a livello regionale e sub-regionale,
prendendo nota del riesame svolto in seno al sistema delle Nazioni Unite dell’attuazione della Strategia globale ONU contro il terrorismo, che fornisce linee guida per le attività di contrasto al terrorismo condotte dall’OSCE, e del contributo della stessa a intensificare le iniziative globali di lotta al terrorismo,
1. invita gli Stati partecipanti e le strutture esecutive dell’OSCE a proseguire gli sforzi volti a dare un contributo attivo all’attuazione della Strategia globale delle Nazioni Unite contro il terrorismo e degli altri documenti delle Nazioni Unite in materia di lotta al terrorismo;
2. invita gli Stati partecipanti a continuare a promuovere, nell’ambito del contrasto al terrorismo, partenariati pubblico-privati con la società civile, i mezzi d’informazione, la comunità impren- ditoriale e l’industria, anche, ove opportuno, attraverso la divulgazione delle lezioni apprese e lo scambio di informazioni e di migliori prassi nazionali sia a livello OSCE che a livello nazionale, sub-regionale e regionale;
3. affida al Segretario generale e alle pertinenti strutture esecutive dell’OSCE il compito di pre- stare assistenza, nell’ambito delle risorse disponibili, all’organizzazione nel 2009 di seminari, gruppi di lavoro e simulazioni a livello di esperti volti ad incoraggiare iniziative di partenariato pubblico-privato in campi quali la cooperazione con la società civile e i mezzi d’informazione nel contrasto al terrorismo, la promozione del dialogo interculturale e interreligioso nel contrasto al ter- rorismo, la protezione di infrastrutture energetiche critiche non nucleari da attacchi terroristici, nonché la lotta al finanziamento del terrorismo e al riciclaggio di denaro, soprattutto per quanto riguarda l’attuazione delle Raccomandazioni speciali del Gruppo di azione finanziaria (FATF) in materia di finanziamento al terrorismo;
4. invita gli Stati partecipanti all’OSCE ad avvalersi delle strutture esecutive dell’OSCE nel con- trastare l’estremismo violento e la radicalizzazione che conducono al terrorismo nei loro rispettivi paesi. A tal fine, gli Stati partecipanti all’OSCE sono incoraggiati a proseguire lo scambio di idee e migliori prassi nazionali in merito alle loro strategie e misure di contrasto all’estremismo violento e alla radicalizzazione che conducono al terrorismo nonché a rafforzare la loro collaborazione con i mezzi d’informazione, la comunità imprenditoriale, l’industria e la società civile;
5. affida al Segretario generale, in consultazione con le pertinenti strutture esecutive dell’OSCE, il compito di preparare, nell’ambito delle risorse esistenti, un rapporto sulle loro attività antiter- rorismo. Tale rapporto dovrà indicare i mandati e gli impegni OSCE esistenti in materia di con- trasto al terrorismo e dovrà valutare le attività antiterrorismo dell’OSCE, tenendo conto delle capacità e delle risorse dell’OSCE stessa. Esso dovrà essere presentato agli Stati partecipanti entro l’1 aprile 2009 affinché possa essere ulteriormente discusso in seno ai pertinenti organismi. Suc- cessivamente, come previsto nella Decisione MC(10).DEC/3, gli Stati partecipanti riesamineranno l’attuazione degli impegni OSCE in materia di lotta al terrorismo alla Conferenza annuale di rie- same della sicurezza del 2009;
6. incoraggia i Partner per la cooperazione ad attuare su base volontaria le disposizioni della pre- sente decisione e li invita a partecipare alle attività che verranno realizzate nell’ambito della stessa.
334 Documento della Diciassettesima riunione del Consiglio dei ministri Atene 2009
I. Dichiarazioni del Consiglio dei ministri
Dichiarazione ministeriale sul processo OSCE di Corfù: Riconfermare-riesaminare- rinvigorire la sicurezza e la cooperazione da Vancouver a Vladivostok
1. Noi, Ministri degli esteri dei 56 Stati partecipanti all’Organizzazione per la sicurezza e la coope- razione in Europa, siamo riuniti, per la seconda volta quest’anno dopo la nostra riunione informale a Corfù, per celebrare i progressi significativi che abbiamo realizzato insieme dopo la riunifica- zione dell’Europa e l’eliminazione delle sue vecchie divisioni. Riconfermiamo che la realizzazione di un’area OSCE, da Vancouver a Vladivostok, libera, democratica e più integrata, in cui non esi- stano linee divisorie e zone con livelli diversi di sicurezza, resta un obiettivo comune che siamo determinati a conseguire.
2. Resta ancora molto lavoro da compiere per poter raggiungere tale obiettivo. Continuiamo a nutrire seria preoccupazione per il fatto che i principi dell’Atto finale di Helsinki e gli impegni OSCE non sono pienamente rispettati e attuati; che l’uso della forza continua ad essere considerato un’op- zione per la composizione delle controversie; che il pericolo di conflitti tra Stati non è stato elimi- nato e che vi sono stati conflitti armati persino negli ultimi decenni; che esistono ancora tensioni e molti conflitti restano irrisolti; che le situazioni di stallo relativamente al controllo degli arma- menti convenzionali, alla soluzione delle divergenze in tale campo, al ritorno alla piena attuazione del regime del Trattato CFE e al ripristino della sua funzionalità richiedono urgentemente un’a- zione concertata dei suoi Stati Parte; e che i nostri obiettivi comuni relativi allo stato di diritto, ai diritti umani e alle libertà fondamentali devono essere pienamente salvaguardati e ulteriormente rafforzati. Ciò avviene in un momento in cui l’emergere di nuove minacce transnazionali richiede, più che mai, risposte comuni.
3. Riconosciamo che tali sfide alla sicurezza, ulteriormente accentuate dall’attuale crisi finanzia- ria ed economica internazionale, devono essere affrontate con rinnovato impegno per conseguire risultati attraverso il dialogo e la cooperazione multilaterale. In questa fase, la nostra priorità asso- luta resta il ripristino della fiducia, nonché il recupero del sentimento di comunanza di intenti che ha riunito i nostri predecessori a Helsinki circa trentacinque anni fa. In tale contesto, salutiamo con favore il dialogo sulle sfide attuali e future per la sicurezza nell’area euroatlantica ed eurasia- tica, proposto in occasione del Consiglio dei ministri di Helsinki nel 2008 e avviato dalla Presi- denza greca nel giugno del 2009 quale “Processo di Corfù”, volto al raggiungimento dei predetti obiettivi. Una pietra miliare di tale processo è stata, a nostro avviso, la riunione informale mini- steriale dell’OSCE a Corfù, la prima nel suo genere, che ha fatto registrare un’ampia partecipa- zione e in cui abbiamo espresso la nostra volontà politica di affrontare le sfide alla sicurezza in tutte le tre dimensioni dell’OSCE.
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4. Il Processo di Corfù ha già migliorato la qualità del nostro dialogo politico in seno all’OSCE sulla sicurezza e la cooperazione da Vancouver a Vladivostok e ha contribuito al suo rinvigori- mento. Ci impegniamo a proseguire e sviluppare ulteriormente tale processo, fissando obiettivi ambiziosi, concreti e pragmatici, concentrandoci nel contempo anche sulle questioni fondamen- tali individuate sinora nel corso dei nostri lavori. L’OSCE, in ragione della sua ampia composizione e del suo approccio multidimensionale alla sicurezza comune, globale, cooperativa e indivisibile, costituisce la sede appropriata per tale dialogo. Salutiamo con favore i preziosi contributi di tutte le pertinenti organizzazioni e istituzioni che si occupano di sicurezza, sulla base della Piattaforma per la sicurezza cooperativa.
5. Il dialogo nel quadro del Processo di Corfù si fonderà sull’OSCE e sui principi di uguaglianza, partenariato, cooperazione, comprensività e trasparenza. Tale dialogo sarà volto a far fronte alle divergenze in modo aperto, onesto e obiettivo, tenendo conto delle nostre diversità e preoccupazioni, in uno spirito di rispetto e comprensione reciproci. Esso si baserà su tre orientamenti fondamentali: (a) adesione al concetto di sicurezza globale, cooperativa e indivisibile, come sancito nei docu- menti fondamentali dell’OSCE; (b) pieno rispetto delle norme, dei principi e degli impegni OSCE in tutte le tre dimensioni dell’Or- ganizzazione, in buona fede e in modo coerente da parte di tutti; (c) determinazione a rafforzare il partenariato e la cooperazione nell’area d ell’OSCE, nonché a raf- forzare l’efficacia dell’Organizzazione e del contributo che essa apporta alla sicurezza nel nostro spazio comune.
6. Il Processo di Corfù sarà portato avanti dai nostri rappresentanti permanenti presso l’OSCE a Vienna, conformemente alla decisione che adottiamo oggi. Rimaniamo fedeli al nostro impegno di imprimere un forte slancio politico al Processo di Corfù e auspichiamo di valutarne nuova- mente i progressi nel 2010, nel formato e al livello che riterremo appropriato, tenendo contro dei risultati da noi conseguiti. (…)
Dichiarazione ministeriale sul sessantacinquesimo anniversario della fine della Seconda guerra mondiale
Nel 2010 ricorre il sessantacinquesimo anniversario della fine dei combattimenti della Seconda guerra mondiale che hanno causato sofferenza e distruzione senza precedenti. Questa guerra è stata una delle più grandi tragedie che abbiano mai colpito le popolazioni dell’Europa e del mondo. È durata sei anni e mezzo ed è costata la vita a decine di milioni di persone. La guerra ha dato luogo a violazioni dei diritti umani e delle libertà nonché a crimini contro la pace, crimini di guerra e crimini contro l’umanità.
Commemoriamo tutti coloro che hanno perso la vita a causa della guerra, dell’Olocausto, delle occupazioni e degli atti di repressione. Rendiamo omaggio ai veterani e a tutti coloro che hanno combattuto per la vittoria dell’umanità contro il fascismo, la dittatura, l’oppressione e l’aggres- sione. Il tempo non attenuerà il significato del loro sacrificio e noi non dimenticheremo mai le loro gesta eroiche.
Risoluti a impedire che una tale catastrofe europea e internazionale possa ripetersi, i nostri paesi hanno assunto un chiaro e inequivocabile impegno per la pace, la sicurezza e la democrazia, in particolare attraverso la fondazione delle Nazioni Unite e l’istituzione di organizzazioni regionali. Oggi siamo orgogliosi dei nostri successi comuni ed esprimiamo compiacimento per i progressi
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compiuti negli ultimi sessantacinque anni per superare la tragica eredità della Seconda guerra mondiale e perseguire la pace e la sicurezza globali, la riconciliazione, la cooperazione internazio- nale e regionale, nonché la promozione dei valori democratici, dei diritti umani e delle libertà fon- damentali. Sottolineiamo l’importante ruolo che la CSCE e l’OSCE hanno svolto a tale riguardo negli ultimi decenni.
Ricordando l’Atto finale di Helsinki, la Carta di Parigi per una nuova Europa, la Carta per la sicu- rezza europea e altri documenti OSCE concordati, non tollereremo linee di divisione e non lesi- neremo sforzi per evitare l’insorgere di nuove divisioni nell’area dell’OSCE e per eliminare fonti di ostilità, tensioni e scontri. Ribadiamo la nostra posizione secondo la quale nell’area dell’OSCE nessuno Stato o gruppo di Stati può considerare una parte dell’area dell’OSCE quale sua sfera d’influenza. Siamo determinati a proseguire i nostri sforzi collettivi volti a creare uno spazio di sicurezza comune e indivisibile nell’area dell’OSCE, basato sulla democrazia, lo stato di diritto, la prosperità economica, la giustizia sociale e sul rispetto dei diritti umani e delle libertà fonda- mentali, ivi inclusi i diritti delle persone che appartengono a minoranze nazionali. Questo resta il nostro scopo comune.
Una ricerca onesta e approfondita sulla storia della Seconda guerra mondiale contribuisce alla riconciliazione.
La storia ci ha insegnato i pericoli insiti nell’intolleranza, nella discriminazione, nell’estremismo e nell’odio per motivi etnici, razziali e religiosi. Ci impegniamo a combattere tali minacce, anche attraverso l’OSCE, e rifiutiamo qualsiasi tentativo di giustificarle.
Condanniamo con forza qualsiasi negazione dell’Olocausto. Condanniamo tutte le forme di pulizia etnica. Confermiamo la nostra adesione alla Convenzione ONU per la prevenzione e la repressione dei reati di genocidio adottata il 9 dicembre 1948 e invitiamo tutti gli Stati partecipanti a adottare tutte le misure possibili per garantire che i tentativi di perpetrare atti di genocidio siano proibiti ora e in futuro. Gli autori di tali crimini dovranno essere assicurati alla giustizia.
Le lezioni della Seconda guerra mondiale sono valide ancora oggi, nel momento in cui dobbiamo unire i nostri sforzi e le nostre risorse per far fronte alle minacce alla nostra sicurezza e stabilità comuni e per difendere i nostri principi comuni. La nuova epoca ha portato con sé nuove minacce e nuove sfide e il terrorismo costituisce la più pericolosa tra queste. Lotteremo insieme contro il ter- rorismo e altre minacce alla sicurezza, anche tramite l’OSCE.
Siamo persuasi che la soluzione pacifica di tutti i conflitti in atto, l’osservanza delle norme del diritto internazionale, le finalità e i principi della Carta delle Nazioni Unite, l’adempimento degli impegni contenuti nell’Atto finale di Helsinki e in altri documenti OSCE concordati, siano il modo migliore per rendere omaggio a coloro che hanno combattuto per la pace, la libertà, la democrazia e la dignità umana e per commemorare tutte le vittime della Seconda guerra mondiale, per supe- rare il passato e preservare le generazioni presenti e future dal flagello della guerra e della violenza.
Dichiarazione ministeriale in occasione del 25° anniversario dell’adozione della Convenzione contro la tortura e altre pene o trattamenti crudeli, disumani o degradanti
1. Noi, membri del Consiglio dei ministri dell’OSCE, riaffermiamo il nostro forte impegno nei confronti della Convenzione contro la tortura e altre pene o trattamenti crudeli, disumani o degra- danti, adottata dall’Assemblea generale delle Nazioni Unite il 10 dicembre 1984, cui tutti gli Stati partecipanti all’OSCE sono diventati parte.
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2. In occasione del 25° anniversario dell’adozione di tale Convenzione, ribadiamo che, come pari- menti enunciato nella Dichiarazione universale dei diritti dell’uomo, nessuno può essere sottopo- sto a tortura o a trattamento o pena crudele, disumana o degradante.
3. Riconosciamo che la tortura è un crimine gravissimo e affermiamo che la libertà dalla tortura e da altre forme di trattamento o pena crudele, disumana o degradante non è un diritto inderoga- bile che tutela la dignità e l’integrità inerenti alla persona umana.
4. Condanniamo con forza tutte le forme di tortura e altri trattamenti o pene crudeli, disumane o degradanti, che sono e resteranno proibiti in ogni momento e in ogni luogo e che non possono essere mai giustificati.
5. Esprimiamo preoccupazione per il fatto che la tortura e altre pene o trattamenti crudeli, disumani o degradanti hanno ancora luogo in molte parti del mondo, inclusi gli Stati partecipanti all’OSCE.
6. Ci impegniamo pertanto a sostenere l’assoluto divieto della tortura e di altre pene o trattamenti crudeli, disumani o degradanti come enunciato nella Convenzione, ad attuare appieno e in buona fede le sue disposizioni e a operare in piena conformità con tutti i suoi principi.
7. Invitiamo gli Stati partecipanti, che non l’abbiamo ancora fatto, a considerare quanto prima di aderire al Protocollo Opzionale alla Convenzione.
8. Riaffermiamo la nostra determinazione ad attuare pienamente i nostri impegni comuni dell’OSCE per sradicare la tortura e altre pene o trattamenti crudeli, disumani o degradanti.
9. Intensificheremo i nostri sforzi volti a adottare misure durature, risolute ed efficaci per preve- nire e combattere la tortura e altre pene o trattamenti crudeli, disumani o degradanti e per assi- curare la piena riabilitazione delle vittime della tortura.
10. Riconosciamo il prezioso contributo dell’OSCE nella promozione dei principi e delle disposi- zioni sanciti dalla Convezione.
11. Riteniamo importante cooperare pienamente a tal fine con i competenti organi internazionali intergovernativi.
12. Elogiamo i continui sforzi compiuti dalla società civile per prevenire la tortura e altre pene o trattamenti crudeli, disumani o degradanti e per alleviare le sofferenze delle vittime.
II. Decisioni del Consiglio dei ministri
Decisione N.1/09
Promozione del processo di Corfù
Il Consiglio dei ministri,
elogiando l’iniziativa della Presidenza greca di avviare a Vienna un dialogo ampio e aperto sulle questioni fondamentali della sicurezza europea in generale, intrapreso sulla base dei risultati della nostra riunione ministeriale informale a Corfù,
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incoraggiato dallo spirito positivo di tale dialogo e tenendo conto delle numerose proposte avan- zate dalle delegazioni nel corso di tale dialogo,
riconoscendo la necessità di proseguire il processo di Corfù e approfondire il dialogo al fine di pro- muovere la comprensione e rafforzare la fiducia e far avanzare altresì proposte volte a rafforzare le capacità d ell’OSCE di far fronte alle minacce alla sicurezza e a conseguire risultati concreti nella prospettiva di assicurare un approccio globale ed equilibrato alla sicurezza,
a tal fine, decide:
1. di incaricare la Presidenza dell’OSCE del 2010, in stretta consultazione con le Presidenze succes- sive d ell’FSC, di proseguire il dialogo informale, regolare e aperto, nel quadro del Processo di Corfù, attraverso riunioni informali regolari a livello di rappresentanti permanenti, con l’appoggio delle capitali, come appropriato, al fine di estendere le aree di accordo e contribuire a creare un consenso.
Tenendo conto della valutazione iniziale delle principali minacce e sfide alla nostra sicurezza e alla nostra cooperazione, individuate finora in seno al Processo di Corfù, il futuro dialogo verterà su questioni concernenti: • l’attuazione di tutte le norme, i principi e gli impegni dell’OSCE; • il ruolo dell’OSCE nel campo del preallarme, della prevenzione e soluzione dei conflitti, della gestione delle crisi e della ricostruzione post-conflittuale; • il ruolo dei regimi di controllo degli armamenti e di rafforzamento della fiducia e della sicurezza nel consolidamento della fiducia nel contesto di sicurezza in evoluzione; • le minacce e le sfide transnazionali e multidimensionali; • le sfide economiche e ambientali; • i diritti dell’uomo e le libertà fondamentali, nonché la democrazia e lo stato di diritto; • il rafforzamento dell’efficacia dell’OSCE; • l’interazione con altre organizzazioni e istituzioni, sulla base della Piattaforma per la sicurezza cooperativa del 1999.
Nel quadro del Processo di Corfù gli Stati partecipanti potranno sollevare qualsiasi questione che riterranno pertinente.
2. che la Presidenza dell’OSCE, in base ai risultati delle riunioni informali dei rappresentanti per- manenti e in stretta consultazione con la Presidenza dell’FSC, presenterà entro la fine di giugno 2010, a una riunione congiunta allargata del Consiglio permanente e del Foro di cooperazione per la sicurezza, per un ulteriore esame e per l’adozione di eventuali decisioni, un rapporto interme- dio che riassumerà le proposte avanzate dagli Stati partecipanti nel quadro del Processo di Corfù,
3. Che il PC e l’FSC, nel quadro dei loro mandati e, ove necessario, congiuntamente, esamine- ranno il rapporto intermedio e considereranno azioni da intraprendere in merito alle proposte ivi contenute, come appropriato.
4. Che le strutture esecutive dell’OSCE forniranno, su richiesta, nel quadro dei loro mandati, assi- stenza e consulenza di esperti, come appropriato. Anche l’Assemblea parlamentare dell’OSCE potrà contribuire al Processo di Corfù.
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La Presidenza, in stretta consultazione con gli Stati partecipanti, inviterà i Partner OSCE per la cooperazione, organizzazioni e istituzioni internazionali, regionali e subregionali, nonché rap- presentanti delle comunità accademiche e delle ONG a contribuire ai dibattiti, su una base ad hoc.
5. L’impegno del Consiglio permanente e del Foro di cooperazione per la sicurezza nell’ambito del Processo di Corfù non andrà a scapito dei loro mandati, dei loro programmi e delle loro atti- vità regolari.
Decisione N.2/09
Ulteriori iniziative dell’OSCE per far fronte alle minacce e alle sfide transnazionali alla sicurezza e alla stabilità
Il Consiglio dei ministri,
riconoscendo che l’evolversi del quadro di sicurezza nel ventunesimo secolo, insieme al processo di globalizzazione, crea nuove minacce e nuove sfide di natura transnazionale e multidimensio- nale alla sicurezza e alla stabilità che richiedono risposte globali, multidimensionali e collettive,
riaffermando che la stretta osservanza del diritto internazionale e dei principi della Carta delle Nazioni Unite resta al centro degli sforzi intesi a prevenire e combattere le minacce alla sicurezza e alla stabilità e che la responsabilità principale del mantenimento della pace e della sicurezza internazionale spetta al Consiglio di sicurezza dell’ONU, che continua a svolgere un ruolo deter- minante nel contribuire alla sicurezza e alla stabilità del mondo,
fiduciosi che l’OSCE possa apportare un contributo concreto all’elaborazione di risposte coopera- tive a queste sfide, basandosi sulla sua ampia partecipazione, la sua competenza specifica e il suo concetto distintivo di sicurezza comune, globale, cooperativa e indivisibile, encomiando il ruolo attivo svolto dall’OSCE in tutta la sua regione per far fronte alle minacce transnazionali avvalen- dosi del Segretariato, delle istituzioni e delle operazioni sul terreno quali importanti strumenti per fornire assistenza a tutti gli Stati partecipanti nell’attuazione degli impegni assunti in tutte le tre dimensioni e riaffermando l’importanza di rafforzare la cooperazione con l’Assemblea parlamen- tare su tutte le questioni pertinenti,
riaffermando che il rispetto per i diritti dell’uomo e le libertà fondamentali, la democrazia e lo stato di diritto sono al centro del concetto globale di sicurezza e riconoscendo che istituzioni democratiche forti e lo stato di diritto svolgono un ruolo determinante nel prevenire l’insorgere di minacce transnazionali,
considerando che i conflitti tra e all’interno di Stati in tutta l’area OSCE possono creare insta- bilità e altri tipi di rischi e minacce, quali il terrorismo, la proliferazione di armi di distruzione di massa e l’accumulo eccessivo e destabilizzante e la diffusione incontrollata di armi di piccole calibro e leggere (SALW), le violazioni dei diritti dell’uomo, le espulsioni di massa, il deteriora- mento della situazione socio-economica e la migrazione clandestina,
riconoscendo che la non osservanza del diritto internazionale e delle norme e principi OSCE, non- ché una serie di fattori che rientrano nelle dimensioni politico-militare, economico-ambientale e umana, sono alla base delle cause dirette dei conflitti violenti,
encomiando l ’OSCE per il suo contributo alle attività globali di contrasto al terrorismo, in partico- lare a sostegno delle iniziative delle Nazioni Unite e in stretta cooperazione con altre organizzazioni
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internazionali e regionali, nonché per i suoi programmi pionieristici quali la lotta contro l’uso di Internet a fini terroristici, la promozione di partenariati pubblico-privati per contrastare il ter- rorismo, il miglioramento della sicurezza dei documenti di viaggio e il rafforzamento della coo- perazione giudiziaria su questioni penali connesse al terrorismo, la lotta contro gli estremismi violenti e la radicalizzazione che conducono al terrorismo, la protezione delle infrastrutture ener- getiche critiche da attacchi terroristici,
prendendo atto del contributo dell’OSCE alle azioni internazionali di contrasto alla criminalità organizzata, ivi compreso il traffico di stupefacenti, il traffico di migranti, la migrazione clande- stina e la tratta di esseri umani nonché ad altre minacce transazionali attraverso la pertinente assi- stenza ed esperienza fornita agli Stati partecipanti in materia di applicazione della legge,
ricordando il nostro impegno di rafforzare il ruolo dell’OSCE nelle attività di polizia in ambito civile quale parte integrante degli sforzi compiuti dall’Organizzazione in materia di prevenzione dei conflitti, gestione delle crisi e ricostruzione postconflittuale; e prendendo atto delle attività dell’OSCE connesse alla polizia, quali il rafforzamento delle capacità, la formazione di una poli- zia democratica e il suo addestramento in competenze specifiche,
prendendo atto dei progressi compiuti dall’OSCE nelle attività relative alla sicurezza e alla gestione delle frontiere sulla base del Concetto OSCE per la gestione e la sicurezza delle frontiere del 2005, e riaffermando l’importanza di potenziare le capacità dell’OSCE per promuovere frontiere aperte e sicure e di rafforzare la collaborazione reciprocamente vantaggiosa tra gli Stati, laddove appro- priato, quale strumento per fronteggiare le minacce derivanti dal terrorismo, dalla criminalità orga- nizzata, dalla migrazione clandestina, e dal traffico illecito di armi, stupefacenti ed esseri umani,
encomiando i progressi conseguiti nell’attuazione della decisione MC.DEC/4/07/Corr.1 relativa all’impegno dell’OSCE in Afghanistan e sollecitando un potenziamento dell’attuazione di detta decisione,
consapevole del fatto che, con più probabilità, le minacce alla sicurezza e alla stabilità nella regione OSCE sorgono quali conseguenze destabilizzanti di sviluppi che investono in modo trasversale le dimensioni politico-militare, economica e ambientale e umana,
tenendo presente che le minacce transnazionali agli Stati partecipanti possono emergere anche da aree limitrofe alla regione dell’OSCE e richiedono pertanto risposte strettamente coordinate con i Partner OSCE per la cooperazione e con le pertinenti organizzazioni internazionali e regionali,
riaffermando la persistente validità della Strategia d ell’OSCE per far fronte alle sfide e alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo (2003) che offre a questo proposito una base multidimensionale, globale e cooperativa,
encomiando l’attuale lavoro del Consiglio permanente e del Foro di cooperazione per la sicurezza volto a far fronte alle minacce transnazionali nell’ambito dei loro rispettivi mandati,
riconoscendo la volontà degli Stati partecipanti di promuovere un approccio globale dell’OSCE per rafforzare la sicurezza informatica, come emerso dagli esiti del seminario OSCE del marzo 2009, dedicato a tale tema,
apprezzando l’impegno profuso dal Segretariato nel fornire assistenza agli Stati partecipanti per far fronte alle minacce e alle sfide alla dimensione economico-ambientale, tra le quali figurano
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anche la migrazione clandestina, il buongoverno, i trasporti, la sicurezza energetica e le potenziali conseguenze per la sicurezza derivanti dalle sfide ambientali,
riaffermando che le pratiche connesse alla discriminazione e alla intolleranza che possono essere generate da tensioni etniche e religiose, nazionalismo aggressivo, sciovinismo e xenofobia, e che possono anche derivare da razzismo, antisemitismo ed estremismo violento nonché dal mancato rispetto dei diritti delle persone appartenenti a minoranze nazionali, minacciano la sicurezza indi- viduale e possono dare origine a conflitti e violenze su vasta scala,
riconoscendo che il problema dei rifugiati e degli sfollati in tutta l’area OSCE, anche laddove tale problema è conseguenza di conflitti, violazioni dei diritti umani e di calamità naturali o catastrofi provocate dall’uomo, richiedono una maggiore cooperazione di tutti gli Stati partecipanti e un’a- zione concertata,
riconoscendo l’importanza dell’impegno globale dell’OSCE volto a sradicare il fenomeno della tratta di esseri umani ed encomiando le attività del Rappresentante speciale e Coordinatore per la lotta alla tratta di esseri umani, nonché di altre pertinenti strutture esecutive OSCE, per la loro dedizione nel fornire assistenza agli Stati partecipanti per far fronte alla tratta di esseri umani,
riconoscendo che numerose minacce di natura politico-militare, quali l’accumulo destabilizzante di armamenti convenzionali, il traffico illecito di armi e la proliferazione di armi di distruzione di massa, restano gravi preoccupazioni per gli Stati partecipanti dell’OSCE,
riconoscendo che, per contrastare la proliferazione delle armi di distruzione di massa e dei loro vettori occorre un impegno che non sia relegato soltanto ai soli mezzi militari e salutando l’ado- zione da parte del Foro di cooperazione per la sicurezza, il 30 settembre 2009, di una Guida delle migliori prassi sulla Risoluzione 1540 del Consiglio di sicurezza delle Nazioni Unite (UNSCR),
riconoscendo pienamente che le minacce e le sfide transazionali e la cooperazione tra gli Stati e tra le Organizzazioni restano importante argomento di discussione nell’ambito del Processo di Corfù,
decide di potenziare gli sforzi individuali e collettivi per fronteggiare in modo globale e transdi- mensionale le minacce transnazionali alla sicurezza, in conformità con la Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo, avvalendosi dell’espe- rienza dell’OSCE e dei suoi vantaggi comparativi;
decide di esaminare nuovi modi per rafforzare le sinergie nelle attività dell’OSCE di contrasto alle summenzionate minacce, anche migliorando il coordinamento interno, la cooperazione con i Par- tner OSCE per la cooperazione e concentrandosi sulle aree in cui l’Organizzazione può offrire un valore aggiunto all’operato delle Nazioni Unite, e di integrare le attività di altre organizzazioni internazionali, avvalendosi tra l’altro della Piattaforma di sicurezza cooperativa adottata nel 1999;
incarica le strutture esecutive dell’OSCE, nell’ambito dei loro rispettivi mandati e delle risorse esi- stenti, di intensificare il loro impegno per consolidare ulteriormente le risposte fornite in modo trasversale dalle diverse istituzioni dell’OSCE alle minacce multidimensionali alla sicurezza, e segna- tamente in quei settori che rientrano nelle competenze di diverse strutture esecutive;
richiede al Segretario generale di esaminare nuovi modi per rafforzare ulteriormente il coordi- namento programmatico tra le strutture esecutive dell’OSCE, conformemente a quanto disposto dalla Decisione MC.DEC/18/06/Corr.1, con particolare attenzione alle attività multidimensionali dell’OSCE atte ad affrontare le minacce transnazionali alla sicurezza, avvalendosi dei mandati
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vigenti in seno al Segretariato ed entro i limiti delle risorse disponibili, e di procedere a una prima valutazione della situazione entro l’1 aprile nonché di presentare proposte al Consiglio permanente sulla pianificazione in tale ambito entro e non oltre l’1 giugno 2010.
Decisione N.3/09
Ulteriori misure volte a sostenere e promuovere il quadro giuridico internazionale contro il terrorismo
Il Consiglio dei ministri,
determinato a rafforzare le attività di lotta al terrorismo dell’OSCE conformemente al diritto e alle norme internazionali in linea con gli impegni esistenti dell’OSCE,
riaffermando che gli Stati partecipanti dovrebbero svolgere le loro attività di lotta al terrorismo nel pieno rispetto dello stato di diritto e in conformità con i loro obblighi derivanti dalle risolu- zioni del Consiglio di sicurezza delle Nazioni Unite e dalle convenzioni e protocolli universali rela- tivi alla prevenzione e alla repressione del terrorismo, dalla Strategia globale delle Nazioni Unite contro il terrorismo e dalle pertinenti disposizioni del diritto internazionale in materia di diritti dell’uomo, di diritto internazionale umanitario e dei rifugiati,
richiamando gli impegni d ell’OSCE previsti dalla Decisione N.1 del Consiglio dei ministri di Buca- rest (MC(9).DEC/1/Corr.1), dalla Dichiarazione del Consiglio dei ministri sulla Convenzione internazionale per la repressione degli atti di terrorismo nucleare (MC.DOC/1/05/Corr.1) e dalla Dichiarazione del Consiglio dei ministri di Bruxelles sul sostegno e la promozione del quadro giu- ridico internazionale per contrastare il terrorismo (MC.DOC/5/06/Corr.1), e salutando con favore i notevoli progressi compiuti nel quadro dell’adesione degli Stati partecipanti alle 12 convenzioni e protocolli universali contro il terrorismo degli anni 1963-1999, nonché i progressi conseguiti con la firma e la ratifica della Convenzione internazionale per la repressione degli atti di terrori- smo nucleare (2005),
prendendo nota degli ultimi importanti sviluppi nel quadro giuridico internazionale contro il ter- rorismo, in particolare dell’adozione dell’Emendamento alla Convenzione sulla protezione fisica dei materiali nucleari (2005), del Protocollo alla Convenzione per la repressione degli atti illeciti contro la sicurezza della navigazione marittima (2005), nonché del Protocollo al Protocollo per la repressione degli atti illeciti contro la sicurezza delle installazioni fisse sulla piattaforma conti- nentale (2005), e desiderando facilitarne la rapida entrata in vigore,
riconoscendo la necessità di recepire le disposizioni in materia di reati previste dalle convenzioni e dai protocolli universali contro il terrorismo nelle legislazioni penali e, ove applicabile, nelle legi- slazioni amministrative e civili nazionali, rendendo tali reati punibili con sanzioni appropriate, al fine di assicurare alla giustizia gli autori, gli organizzatori, i sostenitori e i finanziatori di atti ter- roristici nel rispetto dello stato di diritto, e di facilitare la cooperazione giudiziaria internazionale sulla base del principio “estradare o perseguire penalmente”, come previsto da pertinenti risolu- zioni del Consiglio di sicurezza delle Nazioni Unite e da strumenti universali di lotta al terrorismo,
riconoscendo inoltre che gli Stati partecipanti all’OSCE potrebbero avere bisogno di assistenza tecnica per realizzare quanto sopra menzionato,
riconoscendo il ruolo importante svolto dai parlamentari per la ratifica e il recepimento nelle legi- slazioni nazionali delle convenzioni e dei protocolli universali contro il terrorismo,
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esorta gli Stati partecipanti all’OSCE che non l’abbiano ancora fatto a compiere ogni sforzo per aderire senza indugio alle 13 convenzioni e protocolli universali contro il terrorismo attualmente in vigore e di attuarne pienamente le disposizioni;
invita gli Stati partecipanti all’OSCE a considerare la possibilità di aderire all’Emendamento alla Convenzione sulla protezione fisica dei materiali nucleari (2005), al Protocollo alla Convenzione per la repressione degli atti illeciti contro la sicurezza della navigazione marittima (2005), non- ché al Protocollo relativo al Protocollo per la repressione degli atti illeciti contro la sicurezza delle installazioni fisse sulla piattaforma continentale (2005) e di conseguenza, ad attuarne pienamente le disposizioni;
invita gli Stati partecipanti all’OSCE a considerare la possibilità di aderire agli strumenti giuridici regionali e subregionali in materia di terrorismo, inclusa la Convenzione del Consiglio d’Europa sulla prevenzione del terrorismo;
incarica il Segretario generale di organizzare nel 2010, nell’ambito delle risorse disponibili e in cooperazione con l’UNODC e altri pertinenti attori internazionali, un seminario per assistere gli Stati partecipanti a considerare gli aspetti di diritto penale dell’attuazione delle convenzioni e dei protocolli universali contro il terrorismo concordati nel 2005;
incarica il Presidente in esercizio, in coordinamento con le strutture esecutive dell’OSCE, di orga- nizzare nel 2010 ad Astana, nell’ambito delle risorse disponibili e in cooperazione con l ’UNODC e il Consiglio d’Europa e con altri pertinenti partner internazionali, una conferenza a livello di esperti su strategie adeguate, politiche efficaci e migliori prassi per prevenire il terrorismo;
invita gli Stati partecipanti all’OSCE a rafforzare la cooperazione interstatale nella promozione delle convenzioni e dei protocolli universali contro il terrorismo attraverso la condivisione di com- petenze tecniche, e incarica il Segretario generale di continuare a facilitare la cooperazione inter- statale anche coordinando le offerte e le richieste di assistenza tecnica tra gli Stati partecipanti;
incarica il Segretario generale e le pertinenti strutture esecutive dell’OSCE, nell’ambito delle risorse disponibili, di continuare a collaborare con l ’UNODC nel rafforzamento del regime giuridico con- tro il terrorismo, promuovendo l’attuazione degli strumenti universali di lotta al terrorismo, con- tinuando in particolare a potenziare e ottimizzare il sostegno al Programma dell’UNODC per la prevenzione del terrorismo riguardo ai seguenti settori: • sensibilizzazione e sostegno alla creazione della volontà politica degli Stati partecipanti di ade- rire alle convenzioni e ai protocolli universali contro il terrorismo; • prestazione di assistenza tecnica a Stati partecipanti che la richiedono nella stesura di norme di diritto penale contro il terrorismo; • formazione di magistrati in merito alla cooperazione giudiziaria internazionale su questioni penali connesse al terrorismo;
e incoraggia gli Stati partecipanti a contribuire con finanziamenti volontari a pertinenti progetti extrabilancio in tali settori;
invita i Partner OSCE per la cooperazione ad attuare su base volontaria gli impegni OSCE rela- tivi al quadro giuridico internazionale contro il terrorismo e alla cooperazione su questioni penali connesse al terrorismo.
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Decisione N.5/09
Gestione della migrazione
Il Consiglio dei ministri,
richiamando e riaffermando gli impegni OSCE relativi alla migrazione, in particolare le pertinenti disposizioni dell’Atto finale di Helsinki del 1975, la Decisione N. 2/05 del Consiglio dei ministri sulla migrazione e la Dichiarazione del Consiglio dei ministri sulla migrazione (MC.DOC/6/06/Corr.1),
tenendo conto del Documento sulla strategia per la dimensione economica e ambientale adottato dal Consiglio dei ministri di Maastricht (2003) e richiamando il tredicesimo Foro economico d ell’OSCE,
tenendo conto delle iniziative e dell’attività dell’OSCE nel quadro del diciassettesimo Foro eco- nomico e ambientale dell’OSCE dedicato al tema “Gestione della migrazion e sue interrelazioni con le politiche economiche, sociali ed ambientali a vantaggio della stabilità e della sicurezza nella regione dell’OSCE”,
riconoscendo la crescente importanza e i benefici di un’efficace gestione della migrazione per lo sviluppo socio-economico, la coesione sociale, la sicurezza e la stabilità in tutti i paesi inclusi quelli di origine, transito e destinazione, e riconoscendo pienamente i diritti umani dei migranti e dei loro familiari,
sottolineando l’importanza di integrare le politiche sulla migrazione nelle strategie economi- che, sociali, ambientali, di sviluppo e di sicurezza e di affrontare la gestione della migrazione con approcci cooperativi, globali e transdimensionali,
sottolineando la necessità di facilitare la migrazione legale e di contrastare la migrazione clandestina,
tenendo presente i differenti approcci alle questioni relative alla migrazione adottati dagli Stati par- tecipanti all’OSCE, e avvalendosi della loro esperienza e delle loro migliori prassi,
ponendo l’accento sulla necessità di approfondire il dialogo e la cooperazione a tutti i livelli all’in- terno degli Stati e tra essi, e con tutti i pertinenti attori, comprese le parti sociali, la comunità imprenditoriale, la società civile e il mondo accademico, al fine di cogliere efficacemente le oppor- tunità e affrontare le sfide relative alla gestione globale della migrazione,
confermando che la cooperazione, il dialogo e lo scambio di buone prassi e di informazioni su questioni relative alla gestione della migrazione restano una componente importante del concetto globale di sicurezza dell’OSCE, sostenuto nei modi appropriati e nel quadro dei rispettivi man- dati, capacità e risorse in tutte tre le dimensioni,
1. incoraggia gli Stati partecipanti a continuare a impegnarsi nella gestione della migrazione: • dedicando particolare attenzione alle cause principali della migrazione; • assicurando che le proprie prassi nazionali in materia di migrazione siano conformi ai rispet- tivi obblighi internazionali e impegni nel quadro dell’OSCE; • elaborando ulteriormente e rafforzando l’attuazione di politiche e piani d’azione nazionali di ampia portata ed efficaci sulla migrazione, come appropriato;
345 Atene 2009
• migliorando la raccolta di dati comparabili sulla migrazione, al fine di facilitare il dialogo e lo scambio di migliori prassi a livello dell’OSCE; • promuovendo la cooperazione e i partenariati tra paesi di origine e destinazione, attraverso la promozione di piani efficaci di migrazione legale, quali la migrazione circolare e altri tipi di programmi di mobilità di manodopera volontaria, a favore dello sviluppo dei paesi di ori- gine e destinazione; • rispettando i diritti umani dei migranti e incrementando gli sforzi volti a combattere la discri- minazione, l’intolleranza e la xenofobia nei confronti dei migranti e delle loro famiglie;
2. incoraggia gli Stati partecipanti a integrare gli aspetti di genere nelle loro politiche sulla migra- zione, prendendo nota delle raccomandazioni della Guida dell’OSCE sulle politiche in materia di migrazione sensibili alle specificità di genere;
3. esorta gli Stati partecipanti a rafforzare la gestione della migrazione tramite una migliore coe- renza tra le politiche in materia di migrazione e le politiche economiche, sociali, ambientali e di sicurezza, attraverso la consultazione, il partenariato e la cooperazione tra i governi a livello bila- terale, regionale e interregionale, come appropriato;
4. incoraggia gli Stati partecipanti a adottare misure necessarie per minimizzare gli effetti nega- tivi della crisi finanziaria ed economica globale sui migranti intensificando la cooperazione eco- nomica, creando condizioni favorevoli per gli investimenti e lo sviluppo dell’impresa nonché facilitando il flusso di rimesse;
5. incarica il Consiglio permanente, i suoi organi sussidiari informali e le strutture esecutive dell’OSCE, conformemente ai loro rispettivi mandati in tutte le dimensioni, nel quadro del con- cetto globale di sicurezza dell’Organizzazione e nel quadro delle risorse disponibili di, tra l’altro: • fornire un’ampia piattaforma regionale di dialogo sulle questioni riguardanti la migrazione e la sicurezza, sia tra gli Stati partecipanti all’OSCE, sia tra gli Stati partecipanti e i Partner per la cooperazione, con il coinvolgimento di altri pertinenti attori, in piena conformità con le Norme procedurali dell’OSCE; • continuare a occuparsi degli aspetti di genere della migrazione; • assistere gli Stati partecipanti, su loro richiesta, nel migliorare la legislazione in materia di migra- zione e nell’elaborare e attuare efficaci strategie politiche nazionali, fornendo consulenza e for- mazione, in cooperazione con pertinenti organizzazioni internazionali e regionali; • contribuire agli sforzi internazionali volti a valutare il possibile impatto del degrado ambientale sulle pressioni migratorie, che i cambiamenti climatici potrebbero aggravare, al fine di assicu- rare una migliore preparazione in tale ambito; • continuare ad assistere gli Stati partecipanti, su loro richiesta, nel promuovere una gestione efficace della migrazione, compreso lo scambio di migliori prassi, e nel facilitare la migrazione legale e contrastare la migrazione clandestina, dedicando particolare attenzione alla coopera- zione bilaterale e multilaterale in tale campo.
346 Decisione N.7/09
Partecipazione delle donne alla vita politica e pubblica
Il Consiglio dei ministri,
richiamando gli impegni d ell’OSCE per la promozione dell’uguaglianza di genere, della non discri- minazione e del pari diritto di uomini e donne di partecipare alla vita politica e pubblica,
consapevole della persistente sottorappresentanza delle donne in seno agli organi decisionali nei settori legislativi, esecutivi, compresi i servizi di polizia, e giudiziari nell’area dell’OSCE,
preoccupato per il fatto che la diffusa discriminazione nei confronti delle donne continua a pre- giudicare la loro effettiva partecipazione alla vita politica e pubblica a tutti i livelli,
riconoscendo che un costante riesame degli impegni OSCE, anche in appropriati fori dell’Orga- nizzazione, può contribuire all’elaborazione di strategie e misure più efficaci,
ribadendo che, al fine di accrescere la pace, la prosperità e la democrazia nell’area dell’OSCE, è essenziale che le donne esercitino appieno e in eguale misura i loro diritti umani,
riaffermando l’impegno degli Stati partecipanti di attuare, in tutta l’Organizzazione e in modo pro- attivo, il Piano d’azione dell’OSCE del 2004 per la promozione della parità tra la donna e l’uomo e richiamando le Decisioni del Consiglio dei ministri di Lubiana N.14/05 sul ruolo delle donne nella prevenzione dei conflitti, nella gestione delle crisi e nella ricostruzione post-conflittuale, e N.15/05 sulla prevenzione e la lotta alla violenza contro le donne,
richiamando la risoluzione 1325 (2000) del Consiglio di sicurezza dell’ONU, con cui si chiede una partecipazione piena e paritaria delle donne al processo decisionale nel quadro della prevenzione dei conflitti, nonché alla ricostruzione postconflittuale, e sottolineando l’importanza della loro piena ed equa partecipazione e del loro coinvolgimento in tutte le iniziative volte al mantenimento e alla promozione della pace e della sicurezza,
tenendo conto della risoluzione 1889 (2009) del Consiglio di sicurezza dell’ONU, con cui si esor- tano le organizzazioni internazionali e regionali a adottare ulteriori misure al fine di accrescere la partecipazione femminile in tutte le fasi dei processi di pace,
rilevando che il 18 dicembre 2009 ricorre il 30° anniversario della )Convenzione per l’eliminazione di ogni forma di discriminazione nei confronti della donna (CEDAW), il cui obiettivo è porre fine alla discriminazione nei confronti delle donne nella vita politica e pubblica, e rilevando che il 10 dicembre ricorre il 10° anniversario dell’apertura alla firma del Protocollo della Convenzione,
riconoscendo che le donne possono trovarsi a dover affrontare ulteriori ostacoli, oltre a quelli legati al genere, alla loro partecipazione alla vita politica e pubblica,
invita gli Stati partecipanti a:
1. considerare la possibilità di adottare misure specifiche volte a realizzare l’equilibrio di genere in tutti gli organi legislativi, giudiziari ed esecutivi, compresi servizi di sicurezza, quali le forze di polizia;
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2. prendere in considerazione possibili misure legislative atte a favorire una partecipazione più equilibrata delle donne e degli uomini alla vita politica e pubblica e in particolar modo a livello decisionale;
3. incoraggiare tutti gli attori politici a promuovere l’equa partecipazione delle donne e degli uomini in seno ai partiti politici, al fine di addivenire ad una rappresentanza più equilibrata in termini di genere nelle cariche pubbliche elettive a tutti i livelli decisionali;
4. considerare la possibilità di adottare misure volte a creare pari opportunità nei servizi di sicu- rezza, comprese le forze armate, ove pertinente, al fine di garantire equità nel reclutamento, nel mantenimento in servizio e nella promozione di uomini e donne;
5. sviluppare e introdurre, ove necessario, processi aperti e partecipativi che accrescano la parteci- pazione delle donne e degli uomini in tutte le fasi di elaborazione di leggi, programmi e politiche;
6. garantire pari retribuzione a donne e uomini nel quadro delle iniziative di consolidamento della pace;
7. adottare le misure necessarie per stabilire, ove appropriato, efficaci meccanismi nazionali di valu- tazione dell’equa partecipazione e rappresentanza femminile;
8. sostenere, come appropriato, enti non governativi e di ricerca nella realizzazione di studi mirati e iniziative di sensibilizzazione volti ad individuare problemi specifici nella partecipazione femminile alla vita politica e pubblica, nonché nella promozione delle pari opportunità per donne e uomini;
9. incoraggiare la condivisione del lavoro e delle responsabilità parentali tra donne e uomini al fine di promuovere pari opportunità per le donne di partecipare in modo effettivo alla vita politica e pubblica.
Decisione N.8/09
Potenziamento delle iniziative dell’OSCE volte ad assicurare un’integrazione sostenibile dei rom e dei sinti
Il Consiglio dei ministri,
riaffermando gli impegni dell’OSCE concernenti i rom e i sinti, inclusi quelli previsti dal Piano di azione del 2003 per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE,
riconoscendo che gli Stati partecipanti hanno posto in atto alcune iniziative a tal fine,
rilevando che i progressi compiuti per colmare le forti disparità che persistono tra la popolazione rom e sinti e la società in diversi settori sono scarsi,
prendendo nota del Rapporto dell’ODIHR del 2008 sullo stato di attuazione del Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE,
sottolineando la necessità di operare in modo decisivo per migliorare la situazione dei rom e dei sinti in tutta la regione dell’OSCE,
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convinto che gli Stati partecipanti dovrebbero adoperarsi per massimizzare l’assunzione di respon- sabilità da parte dei rom e dei sinti nella gestione delle politiche cui sono oggetto, e che le comunità rom e sinti dovrebbero essere partner e condividere la responsabilità dell’attuazione delle politi- che destinate a promuovere la loro integrazione,
riconoscendo le particolari difficoltà che i rom e i sinti devono affrontare e la necessità di adottare misure efficaci al fine di sradicare la discriminazione cui sono vittime e assicurare una loro inte- grazione sostenibile in conformità con gli impegni dell’OSCE,
preoccupato per il fatto che i rom e i sinti appartengono a comunità che continuano a essere oggetto di fenomeni di razzismo e discriminazione e che il pregiudizio e le manifestazioni violente di intol- leranza contro i rom e i sinti sono in aumento,
rilevando che in un contesto di rallentamento economico globale i rom e i sinti sono tra i soggetti più esposti all’ostilità irrazionale e al biasimo sociale,
consapevole che le manifestazioni di intolleranza contro i rom e i sinti possono comportare non solo una maggiore esclusione ed emarginazione, ma anche mettere a repentaglio la coesione sociale e la coesistenza pacifica della società in generale,
riconoscendo che la Decisione N.6/08 del Consiglio dei ministri sul potenziamento delle iniziative dell’OSCE volte ad attuare il Piano d’azione per migliorare la situazione dei rom e dei sinti nell’a- rea dell’OSCE ha rappresentato un passo significativo per assicurare pari accesso all’istruzione e per sottolineare l’importanza dei vantaggi dell’istruzione primaria,
prendendo nota della Riunione sull’attuazione degli impegni nel quadro della dimensione umana del 2009 e della sua sessione di lavoro sul tema specificamente prescelto dall’istruzione primaria dei rom e dei sinti,
sottolineando l’importanza che le pertinenti istituzioni e strutture dell’OSCE adempiano ai loro mandati attraverso il sostegno all’attuazione del Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE, nonché l’importanza di un coordinamento e di una coopera- zione efficaci in seno all’OSCE a tal fine,
1. invita gli Stati partecipanti a potenziare le loro iniziative volte a dare attuazione al Piano d’a- zione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE e a favorire il processo di integrazione sostenibile dei rom e dei sinti;
2. invita gli Stati partecipanti a continuare a fornire informazioni all’ODIHR sui progressi com- piuti nel quadro dell’attuazione del Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE;
3. esorta gli Stati partecipanti a intensificare i loro sforzi volti a promuovere la tolleranza e combat- tere il pregiudizio contro le popolazioni rom e sinti al fine di prevenire la loro ulteriore emargina- zione ed esclusione e far fronte all’aumento di manifestazioni violente di intolleranza contro i rom e i sinti nonché a condannare inequivocabilmente e pubblicamente ogni violenza diretta contro i rom e i sinti e a adottare tutte le misure necessarie per assicurare l’accesso a rimedi efficaci, con- formemente alle procedure giuridiche, amministrative, di mediazione e conciliazione nazionali, nonché ad assicurare, a tale riguardo, il coordinamento tra le autorità competenti a tutti i livelli;
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4. invita gli Stati partecipanti ad accrescere, in modo appropriato, la partecipazione dei rom e dei sinti all’elaborazione, all’attuazione e alla valutazione delle politiche di cui sono oggetto, nonché a promuovere il dialogo tra le popolazioni rom e sinti e la società in generale al fine di sensibiliz- zare l’opinione pubblica sulla minaccia che l’intolleranza e la discriminazione possono rappresen- tare per la coesione sociale, la stabilità e la sicurezza;
5. invita gli Stati partecipanti, in cooperazione con i rom e i sinti, a individuare e valutare le sfide legate alla migrazione dei rom e dei sinti, che sono rilevanti per l’integrazione sostenibile di que- sti ultimi nell’area dell’OSCE;
6. incarica l ’ODIHR, in cooperazione e in coordinamento con l ’ACMN e con il Rappresentante per la libertà dei mezzi d’informazione nonché con altre pertinenti strutture esecutive dell’OSCE, nel quadro dei loro mandati e delle risorse disponibili, di continuare ad assistere gli Stati partecipanti a combattere gli atti di discriminazione e violenza contro i rom e i sinti, a contrastare gli stereo- tipi negativi dei rom e dei sinti nei mezzi di informazione tenendo conto dei pertinenti impegni dell’OSCE in materia di libertà dei media, e ad attuare pienamente gli impegni dell’OSCE atti- nenti in particolare all’attuazione del Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE nonché ad affrontare le sfide legate ad un’integrazione sostenibile ed effi- cace dei rom e dei sinti;
7. incoraggia gli Stati partecipanti ad affrontare il problema dell’istruzione primaria dei rom e dei sinti in modo globale, adoperandosi in particolare per assicurare pari accesso all’istruzione e inte- grare i rom e i sinti nel sistema educativo generale;
8. incarica l’ODIHR, in consultazione con gli Stati partecipanti e in stretta cooperazione con altre pertinenti istituzioni dell’OSCE, nel quadro dei loro mandati, di elaborare e attuare pertinenti progetti in materia d’istruzione primaria dei rom e dei sinti, come ad esempio progetti relativi alla formazione degli insegnanti e alla soluzione del problema della scarsa frequenza scolastica;
9. incoraggia le pertinenti istituzioni d ell’OSCE a rafforzare la loro cooperazione e il loro coordina- mento con altri pertinenti attori internazionali quali il Consiglio d’Europa e l’Unione europea, ove appropriato, nonché con attori della società civile impegnati in questioni relative ai rom e ai sinti;
10. invita il Direttore dell’ODIHR a informare gli Stati partecipanti, nei suoi regolari rapporti al Consiglio permanente, in merito alle attività dell’ODIHR intese ad assistere gli Stati parteci- panti a promuovere un’integrazione sostenibile dei rom e dei sinti.
Decisione N.9/09
Lotta ai crimini ispirati dall’odio
Il Consiglio dei ministri,
riaffermando che il rispetto dei diritti umani e delle libertà fondamentali, della democrazia e dello stato di diritto è al centro del concetto globale di sicurezza dell’OSCE e che la tolleranza e la non discriminazione sono elementi importanti della promozione dei diritti umani e dei valori demo- cratici,
riaffermando che le manifestazioni di discriminazione e di intolleranza minacciano la sicurezza dei singoli e la coesione sociale e ribadendo che esse possono dare origine a conflitti e a violenze su più vasta scala,
350 Atene 2009
preoccupato per i crimini ispirati dall’odio che si verificano in tutta la regione dell’OSCE e con- sapevole della necessità di cooperare al fine di combattere in modo efficace tali crimini, e tenendo conto del rapporto dell’ODIHR, elaborato su incarico degli Stati partecipanti, dal titolo “Crimini ispirati dall’odio nella regione dell’OSCE: incidenti e risposte”,
riaffermando gli impegni dell’OSCE in materia di promozione della tolleranza e della non discrimi- nazione e riconoscendo che la responsabilità primaria di far fronte ad atti di intolleranza e discri- minazione spetta agli Stati partecipanti,
riconoscendo che i crimini ispirati dall’odio sono reati motivati dal pregiudizio,
prendendo nota della Strategia globale delle Nazioni Unite contro il terrorismo, adottata l’8 set- tembre 2006 dall’Assemblea generale delle Nazioni Unite, che delinea un approccio globale e onni- comprensivo alla lotta al terrorismo affrontando non soltanto le sue manifestazioni, ma anche le condizioni che ne favoriscono la diffusione, e riconoscendo il ruolo che i crimini ispirati dall’o- dio, la discriminazione e l’intolleranza possono svolgere nell’alimentare l’estremismo violento e la radicalizzazione che sfociano nel terrorismo,
riconoscendo la necessità di disporre di dati più coerenti, completi e comparabili sui crimini ispi- rati dall’odio, evidenziata tra l’altro nel rapporto dell’ODIHR,
salutando con favore il lavoro svolto dall’ODIHR per prestare assistenza agli Stati partecipanti, su loro richiesta, nei loro sforzi volti ad affrontare i crimini ispirati dall’odio,
prendendo nota della Riunione supplementare nel quadro della dimensione umana del 2009 sui crimini ispirati dall’odio: efficace attuazione della legislazione, nonché della seconda riunione annuale dei Punti di contatto nazionali sulla lotta ai crimini ispirati dall’odio,
riconoscendo che il rallentamento economico globale può accrescere gli episodi di crimini ispi- rati dall’odio nell’area dell’OSCE,
riconoscendo che le vittime dei crimini ispirati dall’odio possono appartenere sia a comunità mino- ritarie sia a quelle maggioritarie,
riconoscendo il lavoro svolto dai tre Rappresentanti personali del Presidente in esercizio a soste- gno degli sforzi globali dell’OSCE di lotta ai crimini ispirati dall’odio e alle manifestazioni vio- lente di intolleranza, conformemente al loro mandato,
riconoscendo l’importante ruolo che i rappresentati politici possono svolgere assumendo la guida nella lotta all’intolleranza e alla discriminazione e promuovendo il rispetto e la comprensione reciproci,
invita gli Stati partecipanti a:
1. raccogliere, conservare e divulgare dati e statistiche attendibili sufficientemente dettagliati sui crimini ispirati dall’odio e sulle manifestazioni violente di intolleranza, inclusi il numero di casi denunciati alle forze di polizia, il numero di casi perseguiti e le condanne comminate. Laddove disposizioni legislative sulla protezione dei dati limitino la raccolta di dati sulle vittime, gli Stati dovrebbero considerare metodi per la raccolta di dati conformi a tali disposizioni;
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2. promulgare, ove appropriato, leggi specifiche e mirate per combattere i crimini ispirati dall’o- dio, applicando sanzioni efficaci che tengano conto della gravità di tali crimini;
3. adottare misure appropriate per incoraggiare le vittime a denunciare i crimini ispirati dall’o- dio, riconoscendo che la mancata denuncia di tali crimini impedisce agli Stati di mettere a punto efficienti strategie. A tale riguardo, quali misure complementari, invita ad individuare metodi per facilitare il contributo della società civile alla lotta ai crimini ispirati dall’odio;
4. avviare o sviluppare ulteriormente corsi di formazione professionale e attività di rafforzamento delle capacità per le forze di polizia, i pubblici ministeri e i magistrati che si occupano di tali crimini;
5. in cooperazione con pertinenti attori, individuare mezzi per garantire alle vittime dei crimini ispirati dall’odio l’accesso a servizi di consulenza, assistenza legale e consolare nonché l’accesso effettivo alla giustizia;
6. condurre senza indugio indagini sui crimini ispirati dall’odio e assicurare che i moventi di tali cri- mini siano riconosciuti e condannati pubblicamente dalle competenti autorità e dai dirigenti politici;
7. assicurare la cooperazione, ove appropriato, a livello nazionale e internazionale, anche con per- tinenti organi internazionali e tra le forze di polizia al fine di contrastare la criminalità organiz- zata violenta ispirata dall’odio;
8. svolgere attività di sensibilizzazione e di educazione, in particolare nell’ambito delle forze di polizia, a favore delle comunità e dei gruppi della società civile che assistono le vittime di cri- mini ispirati dall’odio;
9. nominare, qualora non l’abbiano ancora fatto, un punto di contatto nazionale per i crimini ispirati dall’odio al fine di fornire periodicamente all’ODIHR informazioni e statistiche attendi- bili su tali crimini;
10. considerare l’opportunità di avvalersi di strumenti messi a punto dall’ODIHR nel campo dell’i- struzione, della formazione e delle attività di sensibilizzazione al fine di assicurare un approccio globale agli interventi volti a fronteggiare i crimini ispirati dall’odio;
11. invita gli Stati partecipanti a ricercare opportunità di cooperazione e quindi affrontare l’uti- lizzo crescente di Internet per esprimere idee che costituiscono un incitamento alla violenza moti- vata dal pregiudizio, così come ai crimini ispirati dall’odio e, in tal modo, ridurre il danno causato dalla divulgazione di tali materiali, assicurando al contempo che ogni misura adottata sia conforme agli impegni dell’OSCE, con particolare riguardo alla libertà di espressione;
12. incarica l’ODIHR di individuare, in consultazione con gli Stati partecipanti e in cooperazione con organizzazioni internazionali e attori della società civile pertinenti, il legame potenziale tra l’uso di Internet e la violenza motivata dal pregiudizio e il danno che esso arreca, nonché even- tuali misure pratiche da adottare;
13. invita il Direttore dell’ODIHR, nei suoi regolari rapporti al Consiglio permanente, a informare gli Stati partecipanti in merito alle attività svolte dall’ODIHR nel quadro dell’appoggio fornito agli Stati partecipanti per contrastare i crimini ispirati dall’odio.
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Decisione N.11/09
Sicurezza dei documenti di viaggio – repertorio di chiavi pubbliche dell’Organizzazione internazionale dell’aviazione civile (ICAO)
Il Consiglio dei ministri,
ricordando gli impegni OSCE di combattere il terrorismo, in particolare di potenziare la sicurezza dei documenti di viaggio, come stipulato nel Piano d’azione di Bucarest per la lotta al terrorismo (MC(9).DEC/1/Corr.1), nella Decisione del Consiglio dei ministri di Maastricht sulla sicurezza dei documenti di viaggio (MC.DEC/7/03/Corr.1), nonché nelle decisioni del Consiglio dei ministri di Sofia (MC.DEC/4/04/Corr.1) e di Bruxelles (MC.DEC/6/06/Corr.1) in cui si incoraggia un utilizzo maggiore della Banca dati INTERPOL dei documenti di viaggio oggetto di furto/smarriti, e rico- noscendo l’importante contributo dell’OSCE nel settore della sicurezza dei documenti di viaggio,
ribadendo il proprio impegno di dare attuazione a misure efficaci e decise contro il terrorismo e di impedire la circolazione di terroristi, singoli o in gruppi, tramite efficaci controlli alle frontiere e controlli sul rilascio di documenti d’identità e di viaggio, agevolando al tempo stesso la libera e sicura circolazione delle persone, conformemente ai pertinenti ordinamenti giuridici,
riconoscendo l’importanza della comunicazione transfrontaliera per la cooperazione internazio- nale in materia di lotta al terrorismo internazionale, alla criminalità organizzata e ai traffici in tutte le forme, nonché il valore aggiunto apportato dall’OSCE nell’agevolare l’assistenza e provve- dere a un quadro di cooperazione a tale riguardo,
prendendo atto dell’utilizzo su vasta scala da parte degli Stati partecipanti all’OSCE di Documenti di viaggio leggibili elettronicamente (eMRTD),
riconoscendo la necessità di consentire alle pertinenti autorità a livello nazionale di confermare l’autenticità delle caratteristiche elettroniche di sicurezza e dei dati biometrici conservati negli eMRTD quale prerequisito per verificare l’identità del titolare di un eMRTD sulla base delle carat- teristiche e dei dati predetti,
prendendo atto del lavoro dell’ICAO di elaborazione di un Repertorio di chiavi pubbliche (PKD) ICAO che mira a promuovere un sistema globale e interoperabile di convalida degli eMRTD al fine di migliorare le misure di sicurezza alle frontiere e contribuire pertanto a contrastare il terrorismo e a prevenire attività transfrontaliere illegali,
prendendo atto della dichiarazione dei Ministri della giustizia e degli Affari interni del G8 del 29–30 maggio 2009, in cui si esprime pieno appoggio alla partecipazione al PKD ICAO da parte degli Stati aderenti all’ICAO e si chiede a tutti gli Stati di verificare l’autenticità delle informazioni contenute nei microchip dei passaporti elettronici (ePassport) e di avvalersi del PKD dell’ICAO,
prendendo nota della prassi raccomandata d all’ICAO, vale a dire che gli Stati che rilasciano o inten- dono rilasciare ePassport e/o danno attuazione a controlli automatizzati degli ePassport alle fron- tiere partecipino al PKD,
invita gli Stati partecipanti a considerare la possibilità di partecipare al PKD dell’ICAO, subor- dinatamente alla disponibilità di risorse amministrative e finanziarie, e a contribuire pertanto a consentire il controllo alle frontiere nonché la possibilità per altre autorità nazionali pertinenti di convalidare le firme digitali degli eMRTD elettronici;
353 Atene 2009
incoraggia gli Stati partecipanti che dispongano di appropriate capacità a fornire assistenza tecnica e finanziaria per l’attuazione di tali misure ad altri Stati partecipanti che la richiedano;
incarica il Segretario generale di organizzare nel 2010 a Vienna, nell’ambito delle risorse disponi- bili, in coordinamento con la Presidenza in esercizio e in cooperazione con l’ICAO, un seminario di esperti dell’OSCE con l’obiettivo di accrescere la consapevolezza e l’utilizzo del PKD dell’ICAO da parte degli Stati partecipanti, nonché facilitare l’adesione ad esso;
incoraggia i Partner per la cooperazione ad attuare su base volontaria la presente decisione non- ché altri impegni dell’OSCE in materia di sicurezza dei documenti di viaggio.
354 Dichiarazione Commemorativa di Astana Astana 2010
Verso una comunità di sicurezza
1. Noi, Capi di Stato e di Governo dei 56 Stati partecipanti all’OSCE, ci siamo riuniti ad Astana undici anni dopo l’ultimo Vertice OSCE di Istanbul per riaffermare il nostro impegno per la visione di una comunità di sicurezza euroatlantica e eurasiatica libera, democratica, comune e indivisibile, che si estende da Vancouver a Vladivostok, fondata su principi concordati, impegni condivisi e obiet- tivi comuni. Nel celebrare il 35° anniversario dell’Atto finale di Helsinki e il 20° anniversario della Carta di Parigi per una nuova Europa, ribadiamo l’importanza dei principi su cui si fonda questa Organizzazione e il nostro impegno verso di essi. Pur avendo compiuto molti progressi, ricono- sciamo anche che molto rimane da fare per assicurare il pieno rispetto e la piena attuazione di tali principi e impegni fondamentali da noi assunti nel quadro delle dimensioni politico-militare, eco- nomica e ambientale e umana, con particolare riguardo ai diritti umani e alle libertà fondamentali.
2. Riaffermiamo la nostra piena adesione alla Carta delle Nazioni Unite e a tutti i principi, impe- gni e norme dell’OSCE, a partire dall’Atto finale di Helsinki, dalla Carta di Parigi, dalla Carta per la sicurezza europea e da tutti gli altri documenti OSCE da noi concordati, nonché la nostra responsabilità di attuarli pienamente e in buona fede. Ribadiamo il nostro impegno per il concetto introdotto nell’Atto finale di una sicurezza globale, cooperativa, equa e indivisibile, che pone in relazione il mantenimento della pace con il rispetto dei diritti dell’uomo e delle libertà fondamen- tali e collega la cooperazione economica e ambientale con relazioni interstatali pacifiche.
3. (…) Riaffermiamo inoltre che tutti i principi e gli impegni OSCE, senza eccezione, si applicano nello stesso modo a tutti gli Stati partecipanti e sottolineiamo la nostra responsabilità reciproca e nei confronti dei nostri cittadini di dare piena attuazione a tali principi e impegni. Consideriamo tali impegni un nostro risultato comune e li riteniamo pertanto questioni di immediato e legit- timo interesse per tutti gli Stati partecipanti.
4. Tali norme, principi e impegni ci hanno consentito di compiere progressi superando vecchie controversie e avvicinandoci alla democrazia, alla pace e all’unità in tutta l’area dell’OSCE. Essi devono continuare a guidarci nel ventunesimo secolo nel nostro sforzo comune volto a tradurre in realtà la visione ambiziosa di Helsinki e Parigi per tutti i nostri popoli. Tali documenti, così come tutti gli altri documenti OSCE, stabiliscono norme chiare per le relazioni fra gli Stati partecipanti e per il trattamento che tali Stati riservano a tutti coloro che risiedono nel loro territorio. Deter- minati ad avvalerci di tali solide basi, riaffermiamo il nostro impegno a rafforzare la sicurezza, la fiducia e le relazioni di buon vicinato tra i nostri Stati e i nostri popoli. A tale riguardo, siamo convinti che il ruolo dell’OSCE rimanga fondamentale e debba essere ulteriormente potenziato. Continueremo a adoperarci per rafforzare l’efficacia e l’efficienza dell’OSCE. 5. Riconosciamo che l’OSCE, in quanto organizzazione onnicomprensiva e globale per la sicu- rezza regionale nell’area euroatlantica ed euroasiatica, continua a essere un foro senza eguali che opera sulla base del consenso e dell’uguaglianza sovrana degli Stati per promuovere il dialogo aperto, prevenire e risolvere i conflitti, rafforzare la comprensione reciproca e facilitare la coopera- zione. Sottolineiamo l’importante lavoro svolto dal Segretariato OSCE, dall’Alto Commissario per
355 Astana 2010
le minoranze nazionali, dall’Ufficio per le istituzioni democratiche e i diritti dell’uomo e dal Rap- presentante per la libertà dei mezzi d’informazione, nonché dalle operazioni sul terreno dell’OSCE, in conformità ai loro rispettivi mandati, nell’assistere gli Stati partecipanti a dare attuazione ai loro impegni OSCE. Siamo determinati a intensificare la cooperazione con l’Assemblea parlamentare dell’OSCE e incoraggiamo i suoi sforzi volti a promuovere la sicurezza, la democrazia e la prospe- rità in tutta l’area dell’OSCE e all’interno degli Stati partecipanti e ad accrescere la fiducia tra gli Stati partecipanti. (…)
6. L’approccio globale e cooperativo d ell’OSCE alla sicurezza, con cui vengono affrontate le dimen- sioni umana, economica e ambientale e politico-militare della sicurezza nella loro totalità, resta indispensabile. Convinti che la dignità intrinseca dell’individuo è al centro della sicurezza globale, ribadiamo che i diritti dell’uomo e le libertà fondamentali sono inalienabili e che la loro tutela e la loro promozione sono la nostra responsabilità primaria. Riaffermiamo categoricamente e irrevo- cabilmente che gli impegni assunti nel campo della dimensione umana sono questioni di diretto e legittimo interesse per tutti gli Stati partecipanti e non rientrano esclusivamente negli affari interni dello Stato interessato. Apprezziamo il ruolo importante svolto dalla società civile e da mezzi d’informazione liberi nell’aiutarci ad assicurare il pieno rispetto dei diritti umani, delle libertà fondamentali, della democrazia, incluse consultazioni elettorali libere e imparziali, non- ché dello stato di diritto.
7. Permangono gravi sfide e minacce. La diffidenza e le divergenti percezioni in materia di sicurezza devono essere superate. È necessario attuare pienamente i nostri impegni nelle dimensioni poli- tico-militare, economica e ambientale e umana. Il rispetto dei diritti umani, delle libertà fonda- mentali, della democrazia e dello stato di diritto deve essere salvaguardato e rafforzato. Si devono compiere maggiori sforzi per promuovere la libertà di religione o di credo e combattere l’intolle- ranza e la discriminazione. (…) (…)
9. Allo stesso tempo, nel mondo complesso e interconnesso di oggi, dobbiamo raggiungere una maggiore unità d’intenti e di azione per affrontare le minacce transnazionali emergenti come il terrorismo, la criminalità organizzata, la migrazione clandestina, la proliferazione delle armi di distruzione di massa, le minacce informatiche e i traffici illeciti di armi di piccolo calibro e leg- gere e di droghe, nonché la tratta di esseri umani. Tali minacce possono avere origine all’interno o all’esterno della nostra regione.
10. Riconosciamo che la sicurezza dell’area dell’OSCE è indissolubilmente legata a quella delle aree adiacenti, in particolare il Mediterraneo e l’Asia. Dobbiamo pertanto intensificare il livello di interazione con i nostri Partner per la cooperazione. In particolare, sottolineiamo la necessità che ogni Stato partecipante, in linea con le proprie capacità e il proprio interesse nazionale, con- tribuisca efficacemente agli sforzi collettivi internazionali volti a promuovere un Afghanistan sta- bile, indipendente, prospero e democratico.
11. Accogliamo con favore le iniziative intese a rafforzare la sicurezza europea. Il nostro dialogo sulla sicurezza, rafforzato dal Processo di Corfù, ha contribuito a concentrare la nostra atten- zione su queste e altre sfide che siamo chiamati ad affrontare in tutte le tre le dimensioni. È giunto il momento di agire e dobbiamo definire obiettivi concreti e tangibili per far fronte a tali sfide. Siamo determinati a lavorare insieme per realizzare pienamente la visione di una comunità di sicu- rezza globale, cooperativa e indivisibile in tutta l’area OSCE che noi condividiamo. Tale comunità di sicurezza dovrà rispondere alle sfide del ventunesimo secolo e basarsi sul nostro pieno rispetto delle norme, dei principi e degli impegni comuni dell’OSCE in tutte le tre dimensioni. Essa dovrà unire tutti gli Stati partecipanti all’OSCE dell’intera regione euroatlantica ed euroasiatica, priva
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di linee divisorie, di conflitti, di sfere d’influenza e di zone con diversi livelli di sicurezza. Lavore- remo per assicurare che la cooperazione fra i nostri Stati e fra le pertinenti organizzazioni e isti- tuzioni di cui sono membri sia guidata dai principi di uguaglianza, cooperazione in partenariato, inclusività e trasparenza. Traendo forza dalla nostra diversità, siamo risoluti a raggiungere tale superiore obiettivo attraverso una determinazione sostenuta e uno sforzo comune, agendo nell’am- bito dell’OSCE e in altri consessi. (…)
357 Documento della Diciottesima riunione del Consiglio dei ministri Vilnius 2011
I. Dichiarazioni del Consiglio dei ministri
Dichiarazione ministeriale sulla lotta a tutte le forme di tratta di esseri umani
I.
1. Noi, membri del Consiglio dei ministri dell’OSCE, dichiariamo la nostra ferma e risoluta deter- minazione a combattere la tratta di esseri umani in tutte le sue forme.
2. Dichiariamo che la tratta di esseri umani costituisce un grave e efferato crimine che offende la dignità umana, pregiudica i diritti umani e le libertà fondamentali e alimenta le reti della cri- minalità organizzata.
3. Ribadiamo il nostro pieno impegno nei confronti della Dichiarazione universale dei diritti dell’uomo: “Nessun individuo potrà essere tenuto in stato di schiavitù o di servitù; la schiavitù e la tratta degli schiavi saranno proibite sotto qualsiasi forma.”
4. Riaffermiamo il sostegno degli Stati partecipanti alla ratifica e alla piena attuazione della Con- venzione delle Nazioni Unite contro la criminalità organizzata transnazionale, nonché del rela- tivo Protocollo aggiuntivo per prevenire, reprimere e punire la tratta di persone, in particolare di donne e bambini, quale quadro internazionale per combattere la tratta di persone. Sottoline- iamo inoltre l’importanza di adottare il Piano d’azione globale delle Nazioni Unite (GA 64/293) per la lotta alla tratta di persone, che promuove il miglioramento della cooperazione e del coordi- namento tra tutti i pertinenti attori e incoraggia a fornire risposte globali, coordinate e coerenti a livello nazionale, regionale e internazionale al fine di contrastare la tratta di esseri umani, e acco- glie di buon grado l’impegno dell’OSCE a favore della sua attuazione. 5. Riconosciamo i progressi compiuti finora dagli Stati partecipanti a ll’OSCE sul piano individuale e collettivo per far fronte a questo efferato crimine. Ribadiamo la nostra piena adesione all’impegno dell’OSCE di combattere la tratta di esseri umani e la nostra ferma determinazione a attuare tale impegno attraverso un approccio multidimensionale, come stabilito in diversi documenti OSCE (…)
6. Esprimiamo la nostra profonda preoccupazione per il fatto che, nonostante la continua adozione di misure a livello internazionale, regionale e nazionale, la tratta rimanga un grave problema, che il numero delle vittime della tratta individuate e assistite rimanga relativamente esiguo e che pochi responsabili siano stati assicurati alla giustizia. Siamo profondamente preoccupati per il fatto che la tratta di esseri umani finalizzata al prelievo di organi, sfruttamento sessuale, e sfruttamento del lavoro, inclusa la servitù domestica, continui a rimanere un grave problema.
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7. Riconosciamo e apprezziamo il ruolo importante svolto dal Rappresentante speciale e coordi- natore per la lotta alla tratta di esseri umani nell’offrire assistenza agli Stati partecipanti, su loro richiesta, per l’attuazione degli impegni OSCE in materia di lotta alla tratta. Apprezziamo la stretta cooperazione del Rappresentante speciale, nel suo ruolo di coordinatore, con le strutture esecu- tive dell’OSCE, nel pieno rispetto dei loro mandati, inclusi l’Ufficio del Coordinatore delle attività economiche e ambientali (OCEEA), la Sezione per le pari opportunità, l’ODIHR, inclusi l’unità per il Programma contro la tratta e il Punto di contatto per le questioni relative ai rom e ai sinti, con il Rappresentante speciale del Presidente in esercizio per le questioni di genere, nonché, se del caso, con le operazioni OSCE sul terreno. Nello spirito della Dichiarazione commemorativa di Astana, apprezziamo la cooperazione con i parlamentari degli Stati partecipanti al fine di com- battere la tratta di esseri umani. Encomiamo in modo particolare i recenti sforzi dell’OSCE volti a mettere in evidenza la tratta a fini di sfruttamento del lavoro, inclusa la servitù domestica, non- ché la tratta di minori e la tratta di persone per il prelievo di organi. 8. Promuoviamo e sosteniamo la cooperazione multidisciplinare, la formazione intersettoriale e il partenariato multilaterale. Encomiamo le iniziative intraprese dal Rappresentante speciale dell’OSCE sotto gli auspici dell’Alleanza contro la tratta di persone (…).
II.
9. Riconosciamo la necessità di rafforzare le risposte della giustizia penale alla tratta di esseri umani, compresa l’azione penale nei confronti dei trafficanti e dei loro complici, assicurando al tempo stesso il rispetto dei diritti umani nei confronti delle vittime e il loro accesso alla giustizia, all’as- sistenza legale e a rimedi efficaci, nonché ad altri servizi, se necessario. Esamineremo tecniche investigative quali indagini finanziarie, miglioreremo lo scambio di informazioni relative a gruppi di criminali organizzati e promuoveremo l’applicazione della legge e la collaborazione giudiziaria a livello transfrontaliero al fine di poter individuare efficacemente sia i responsabili che le poten- ziali vittime della tratta di esseri umani.
10. Riconosciamo la necessità di adottare misure adeguate per assicurare, ove necessario, che le vittime della tratta individuate non siano penalizzate per essere state coinvolte in attività ille- gali, nella misura in cui vi siano state costrette. Esortiamo gli Stati partecipanti ad attuare misure globali e appropriate per offrire assistenza alle vittime della tratta di persone.
11. Rinnoveremo gli sforzi volti a individuare e assistere le vittime della tratta, tenendo conto in modo particolare delle popolazioni vulnerabili. Se necessario, promuoveremo campagne di sensi- bilizzazione rivolte alle persone a rischio di tratta, che affrontino i fattori sociali, economici, cultu- rali, politici e di altra natura che contribuiscono a rendere tali persone vulnerabili. Accresceremo e sosterremo le iniziative di prevenzione, concentrandoci sulla domanda che favorisce qualsiasi forma di tratta e sui beni e servizi che derivano dalla tratta di persone.
12. Riconosciamo il ruolo importante delle organizzazioni della società civile a favore delle vit- time della tratta, fornendo loro assistenza e la possibilità di prendere coscienza dei propri diritti.
13. Riconosciamo che è necessario rafforzare i sistemi di tutela dei minori per contribuire in modo efficace a prevenire, individuare e rispondere alla tratta di minori in tutte le sue forme, fornire adeguata assistenza e protezione nel superiore interesse dei minori vittime della tratta o a rischio di divenirne oggetto, anche attraverso servizi e misure appropriati per il loro benessere fisico e psi- cologico, nonché della loro istruzione, riabilitazione e reintegrazione.
14. Riconosciamo che, al fine di prevenire in modo efficace la tratta di esseri umani a fini di sfrut- tamento del lavoro, i diritti del lavoro devono essere rispettati. Raccomandiamo di elaborare
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e attuare misure per migliorare le prassi lavorative e promuovere l’effettiva applicazione dei diritti del lavoro internazionalmente riconosciuti, attraverso metodi quali ispezioni sui posti di lavoro, monitoraggio delle agenzie di impiego private ed elaborazione di altri programmi che sostengano i lavoratori nell’esercizio dei propri diritti.
15. Incoraggiamo gli Stati partecipanti a collaborare con le imprese affinché si applichino prin- cipi di debita diligenza e trasparenza nel valutare e far fronte ai rischi di sfruttamento in tutte le catene di approvvigionamento, nonché ad assicurare che i lavoratori abbiano accesso ai mec- canismi di risarcimento e tutela giuridica previsti per le pratiche abusive. Incoraggiamo la diffu- sione e l’attuazione dei Principi guida delle Nazioni Unite su imprese e diritti umani. Incoraggiamo parimenti i Governi a considerare la possibilità di introdurre standard analoghi, incluse politiche di “tolleranza zero”, per gli appalti governativi di beni e servizi.
III.
16. Sottolineiamo che l’OSCE fornisce una piattaforma estremamente valida per il dialogo e una migliore cooperazione tra gli Stati partecipanti al fine di prevedere una risposta globale alla tratta di esseri umani in tutte le sue forme. In questo spirito, riaffermiamo la nostra determinazione a attuare gli impegni dell’OSCE, incluso il Piano d’azione per la lotta alla tratta di esseri umani, di servirci appieno delle pertinenti strutture dell’OSCE e di rafforzare il partenariato dell’OSCE con altre organizzazioni internazionali e regionali, nonché con la società civile.
II. Decisioni del Consiglio dei ministri
Decisione N.5/11
Partner per la ooperazione
Il Consiglio dei ministri,
ricordando l’Atto finale di Helsinki del 1975, in cui viene riconosciuto lo stretto legame che esiste fra la pace e la sicurezza in Europa e nel mondo intero,
ricordando la Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ven- tunesimo secolo, adottata nel 2003 dall’undicesima Riunione del Consiglio dei ministri di Maa- stricht, in cui si dichiara che l ’OSCE intensificherà la cooperazione con i suoi Partner mediterranei e asiatici per la cooperazione, attraverso la tempestiva individuazione di aree di interesse e di pre- occupazione comuni, nonché possibilità di ulteriori azioni coordinate,
pienamente convinto che la sicurezza dell’area dell’OSCE è indissolubilmente legata alla sicurezza nelle regioni dei Partner per la cooperazione e riaffermando il proprio impegno a intensificare il dialogo e la cooperazione con i Partner mediterranei e asiatici per la cooperazione e a rafforzare le proprie capacità di rispondere alle esigenze e alle priorità individuate dai Partner e basate sulle norme, i principi e gli impegni OSCE,
riconoscendo i processi di transizione democratica, i cambiamenti politici, economici e sociali che hanno avuto luogo in alcuni Partner mediterranei nel 2011,
lodando i processi di riforma volontari avviati da alcuni Partner mediterranei,
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riconoscendo che ogni paese è diverso e ha il diritto di sviluppare il proprio modello politico, nel rispetto dei valori universali dei diritti e della dignità dell’uomo,
convenendo che l’esperienza dell’OSCE in diverse aree può essere di interesse e potenziale bene- ficio per i Partner, pur tenendo pienamente conto della loro responsabilità primaria per quanto riguarda le scelte politiche a livello nazionale e del loro specifico patrimonio politico, sociale, cul- turale e religioso, e in conformità con le loro esigenze, i loro obiettivi e le loro priorità nazionali,
ribadendo la disponibilità d ell’OSCE, attraverso le sue strutture esecutive, nell’ambito dei rispettivi mandati, secondo le procedure stabilite e ove richiesto, di assistere i Partner per la cooperazione, se del caso, nell’attuazione volontaria delle norme, dei principi e degli impegni OSCE,
riconoscendo l’importante ruolo svolto dalla società civile nei Paesi Partner per la cooperazione nel promuovere la democrazia, lo stato di diritto e il pieno rispetto dei diritti umani e delle libertà fondamentali,
accogliendo con favore i progressi compiuti negli ultimi anni attraverso il dialogo e la cooperazione con i nostri Partner mediterranei e asiatici per la cooperazione, tra cui la maggiore partecipazione alle riunioni e alle attività dell’OSCE, inclusa l’attuazione di progetti concreti di reciproco interesse,
ricordando la decisione N.571 del Consiglio permanente sull’ulteriore dialogo e cooperazione con i Partner per la cooperazione e sulle possibilità di ampliare la condivisione delle norme, dei prin- cipi e degli impegni OSCE ad altri, la Decisione N.17/04 del Consiglio dei ministri sull’OSCE e i suoi Partner per la cooperazione, così come la Dichiarazione del Consiglio dei ministri di Madrid sui Partner OSCE per la cooperazione,
ricordando la Dichiarazione commemorativa di Astana del 2010, in cui si sottolinea l’importanza di intensificare il livello di interazione con i Partner per la cooperazione,
ribadendo il sostegno alle attività di cooperazione dell’Assemblea parlamentare dell’OSCE con i Partner, anche attraverso il suo Foro parlamentare annuale sul Mediterraneo, e prendendo atto del lavoro svolto dall’Assemblea parlamentare dell’OSCE a tale riguardo,
ribadisce la sua disponibilità a prendere in considerazione future e potenziali domande di parte- nariato presentate da Paesi interessati, in linea con la decisione N.430 del Consiglio permanente del 19 luglio 2001. riconoscendo l’importante ruolo svolto dalla società civile nei Paesi Partner per la cooperazione nel promuovere la democrazia, lo stato di diritto e il pieno rispetto dei diritti umani e delle libertà fondamentali,
accogliendo con favore i progressi compiuti negli ultimi anni attraverso il dialogo e la cooperazione con i nostri Partner mediterranei e asiatici per la cooperazione, tra cui la maggiore partecipazione alle riunioni e alle attività dell’OSCE, inclusa l’attuazione di progetti concreti di reciproco interesse,
ricordando la decisione N.571 del Consiglio permanente sull’ulteriore dialogo e cooperazione con i Partner per la cooperazione e sulle possibilità di ampliare la condivisione delle norme, dei principi e degli impegni OSCE ad altri, la Decisione N.17/04 del Consiglio dei ministri sull’OSCE e i suoi Partner per la cooperazione, così come la Dichiarazione del Consiglio dei ministri di Madrid sui Partner OSCE per la cooperazione,
ricordando la Dichiarazione commemorativa di Astana del 2010, in cui si sottolinea l’importanza di intensificare il livello di interazione con i Partner per la cooperazione,
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ribadendo il sostegno alle attività di cooperazione dell’Assemblea parlamentare dell’OSCE con i Partner, anche attraverso il suo Foro parlamentare annuale sul Mediterraneo, e prendendo atto del lavoro svolto dall’Assemblea parlamentare dell’OSCE a tale riguardo,
1. decide di rafforzare ulteriormente il Partenariato per la cooperazione ampliando il dialogo, intensificando le consultazioni politiche, rafforzando la cooperazione pratica e condividendo ulteriormente le migliori prassi e l’esperienza acquisita nello sviluppo di una sicurezza globale, cooperativa e indivisibile nelle tre dimensioni dell’OSCE, in base alle esigenze e alle priorità indi- viduate dai Partner;
2. incoraggia le strutture esecutive dell’OSCE, in conformità ai loro mandati e alle procedure vigenti, a intraprendere con i paesi Partner iniziative di cooperazione orientate all’azione nelle tre dimen- sioni, tenendo anche conto delle conferenze annuali dei Partner, offrendo su richiesta dei Partner la consulenza di esperti e uno scambio di informazioni sulle migliori prassi ed esperienze, basan- dosi ove necessario sulle pertinenti decisioni dell’OSCE, e invita i Partner ad accrescere il livello della loro partecipazione alle attività dell’OSCE;
3. decide, nel contesto del Partenariato, di accrescere gli sforzi volti a promuovere le norme, i prin- cipi e gli impegni OSCE attraverso i contatti, in coordinamento con altre organizzazioni regionali e internazionali pertinenti, in particolare con le Nazioni Unite, segnatamente attraverso la con- divisione delle migliori prassi ed esperienze e attraverso progetti e attività comuni in tutte le tre dimensioni, a seconda dei casi;
4. invita la Presidenza dell’OSCE e i Gruppi di contatto, di concerto con il Segretario generale, a rafforzare e sviluppare ulteriormente un regolare dialogo ad alto livello con i Partner per la coope- razione, al fine di migliorare la comprensione reciproca e assicurare un sostegno politico e un’assi- stenza ad alto livello per i Partner per la cooperazione, tenendo conto delle loro esigenze e priorità;
5. invita le strutture esecutive dell’OSCE, nell’ambito dei rispettivi mandati, a facilitare una più ampia partecipazione di funzionari e di rappresentanti della società civile dei Partner per la coope- razione a pertinenti eventi OSCE, anche attraverso l’utilizzo del Fondo di partenariato, a seconda dei casi;
6. incarica il Segretario generale, in consultazione con la Presidenza d ell’OSCE, di valutare eventuali attività di cooperazione con i Partner, improntate all’azione e basate sui risultati, in coordinamento con le Nazioni Unite e con altre pertinenti organizzazioni e istituzioni regionali e internazionali, e di formulare proposte, come appropriato, finalizzate a ulteriori azioni da parte del Consiglio permanente;
7. chiede al Consiglio permanente di continuare a interessarsi della questione e di valutare le opzioni per futuri impegni con i Partner per la cooperazione, su loro richiesta;
8. incoraggia gli Stati partecipanti e i Partner per la cooperazione a condividere le loro esperienze e a contribuire alle attività dell’OSCE in tutte le tre dimensioni, anche attraverso contributi in favore del Fondo di partenariato, ove opportuno, al fine di promuovere ulteriormente l’impegno con i Partner per la cooperazione;
9. ribadisce la sua disponibilità a prendere in considerazione future e potenziali domande di par- tenariato presentate da Paesi interessati, in linea con la decisione N.430 del Consiglio permanente del 19 luglio 2001.
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Decisione del Consiglio N.10/11
Promozione delle pari opportunità per le donne nella sfera economica
Il Consiglio dei ministri,
riaffermando l’impegno degli Stati partecipanti ad attuare pienamente la Decisione N.14/04 sul Piano di azione dell’OSCE per la promozione della parità fra uomo e donna, adottata dalla dodi- cesima Riunione del Consiglio dei ministri di Sofia nel 2004, (…) riaffermando gli impegni contenuti, (…), relativamente alla promozione della parità di diritti degli uomini e delle donne per quanto riguarda le pari opportunità e la partecipazione alla sfera eco- nomica,
riconoscendo che la partecipazione delle donne alla sfera economica contribuisce in modo signifi- cativo alla ripresa economica, alla crescita sostenibile e alla creazione di società coese ed è quindi essenziale per la sicurezza e la stabilità nella regione dell’OSCE,
rilevando con preoccupazione le persistenti disuguaglianze con cui sono confrontate le donne nella regione dell’OSCE in termini di partecipazione al mercato del lavoro, tra cui anche la segre- gazione in ambito lavorativo, la disparità di accesso alla protezione sociale, così come all’occupa- zione di qualità a tempo pieno, nonché la lentezza dei progressi nell’ambito delle iniziative intese a colmare le disparità retributive a parità di lavoro, con conseguente riduzione delle retribuzioni e delle pensioni percepite dalle donne nell’arco della vita e aumento della povertà femminile,
esprimendo preoccupazione per la persistente sottorappresentazione delle donne in posizioni diri- genziali e nei processi decisionali di natura economica nel settore pubblico e privato,
esprimendo inoltre preoccupazione per le persistenti restrizioni che gravano sull’effettiva parte- cipazione delle donne alla sfera economica, in particolare per quanto riguarda l’accesso a risorse economiche e finanziarie come prestiti e diritti di proprietà e di successione, nonché il controllo su tali risorse,
riconoscendo la necessità di una migliore e sistematica raccolta di dati disaggregati per genere e di studi sulle pari opportunità nella sfera economica come base per pianificare le politiche e l’azione,
ricordando la necessità di politiche economiche e sociali che mirino ad affrontare alla radice le cause della tratta di esseri umani, soprattutto allo scopo di eliminare la discriminazione contro le donne nel mondo del lavoro e di tenere conto dei fattori economici che accrescono la vulnera- bilità delle donne alla tratta,
riconoscendo la necessità di continuare a monitorare l’attuazione degli impegni esistenti che mirano a eliminare le discriminazioni contro le donne e a promuovere le pari opportunità per le donne nella sfera economica, con l’obiettivo di individuare e scambiare buone prassi e sviluppare approcci efficaci, anche in seno all’Organizzazione e alle sue strutture esecutive, (…)
riconoscendo che le donne possono incontrare ulteriori ostacoli, oltre a quelli basati sul genere, alla loro partecipazione alla sfera economica,
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invita gli Stati partecipanti a:
1. raccogliere e analizzare dati per individuare e affrontare gli ostacoli che impediscono alle donne di realizzare il loro potenziale nella sfera economica e, se opportuno e in conformità alla legisla- zione nazionale, prestare sostegno a organismi non governativi e di ricerca al fine di elaborare studi mirati, anche sulle buone prassi;
2. valutare la ripartizione delle risorse finanziarie per la promozione della parità fra uomo e donna nella sfera economica e adottare misure concrete che si traducano in pari opportunità di parteci- pare alla sfera economica e in pari accesso alla protezione sociale da parte delle donne, nonché in un sostegno all’occupazione di qualità e/o al lavoro autonomo a tempo pieno;
3. facilitare lo sviluppo da parte delle donne di competenze imprenditoriali e di altre competenze in ambito lavorativo e integrare gli aspetti di genere, con particolare attenzione alle donne, nelle politiche migratorie allo scopo di prevenire, tra l’altro, la tratta di esseri umani e la sua iterazione;
4. adottare o rafforzare misure di carattere politico e giuridico, incluse misure d’azione positive a seconda dei casi, atte a facilitare e tutelare le pari opportunità di partecipazione delle donne al mer- cato del lavoro, anche attraverso l’ampliamento delle strutture di assistenza e cura per l’infanzia;
5. individuare azioni concrete volte a promuovere pari opportunità per le donne nella sfera econo- mica, e ove appropriato stabilire efficaci meccanismi nazionali per monitorare i progressi in que- sto campo, come nel caso dell’eliminazione delle disparità retributive;
6. promuovere la condivisione del lavoro domestico e le responsabilità genitoriali e di chi ne assolve le funzioni estendendo il congedo di paternità, promuovendo politiche e prassi occupazionali non discriminatorie e la parità di accesso all’istruzione e alla formazione, adottando misure intese a conciliare le responsabilità derivanti dal lavoro con quelle della famiglia, e adoperandosi per assi- curare che qualsiasi politica o programma di adeguamento strutturale non abbia un effetto nega- tivo discriminatorio sulle donne;
7. sostenere la creazione del clima necessario alla formulazione e all’attuazione positiva delle politi- che attraverso informazioni mirate e attività di sensibilizzazione sui benefici delle misure adottate, per promuovere la pari opportunità di partecipazione delle donne alla sfera economica e combat- tere l’esclusione sociale delle donne e la discriminazione nei loro confronti;
8. introdurre misure e impegnarsi in un dialogo con il settore privato al fine di offrire pari oppor- tunità di avanzamento professionale alle donne ed eliminare le disparità retributive;
9. elaborare e rafforzare misure, se possibile, che promuovano una maggiore diversificazione nei settori d’impiego a prevalenza maschile o femminile;
10. incoraggiare i Partner per la cooperazione ad attuare volontariamente le disposizioni della presente decisione.
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Dichiarazioni del Consiglio dei ministri
Dichiarazione ministeriale sul rafforzamento del buongoverno e la lotta alla corruzione, al riciclaggio di denaro e al finanziamento del terrorismo
Noi, membri del Consiglio ministeriale dell’Organizzazione per la sicurezza e la cooperazione in Europa, dichiariamo il nostro forte sostegno alla promozione del buon governo e della traspa- renza nell’area dell’OSCE.
Siamo consapevoli che la Carta delle Nazioni Unite, l’Atto finale di Helsinki e i successivi docu- menti fondanti dell’OSCE contengono impegni, principi e strumenti condivisi che gli Stati par- tecipanti dovrebbero attuare nei loro sforzi volti a promuovere il buongoverno e la trasparenza.
Ribadiamo che il buongoverno a tutti i livelli è fondamentale per la crescita economica, la stabi- lità politica e la sicurezza. Il buongoverno pubblico e imprenditoriale, lo stato di diritto e istitu- zioni forti sono fondamenti essenziali per un’economia sana, che possa consentire ai nostri Stati di ridurre la povertà e le disuguaglianze, incrementare l’integrazione sociale e le opportunità per tutti, attirare investimenti e tutelare l’ambiente.
Riaffermiamo che la pace, le buone relazioni internazionali, la sicurezza e la stabilità dello Stato e la sicurezza e l’incolumità delle persone all’interno dello Stato basate sullo stato di diritto e il rispetto dei diritti umani sono fondamentali per la creazione di un clima di fiducia che è a sua volta essenziale per garantire uno sviluppo economico e sociale positivo.
La trasparenza negli affari pubblici è una condizione essenziale per la responsabilità degli Stati e per la partecipazione attiva della società civile e del settore privato ai processi economici e di sviluppo. La trasparenza accresce la prevedibilità e la fiducia nelle istituzioni e nelle economie che funzionano sulla base di legislazioni adeguate e nel pieno rispetto dello stato di diritto.
Concordiamo che i problemi di governance, compresi la corruzione e il riciclaggio di denaro, pri- vano gli Stati partecipanti delle capacità di garantire in modo efficace lo sviluppo economico, sociale e ambientale e minano la coesione sociale, la stabilità e la sicurezza. Una governance debole è uno dei fattori che favoriscono la diffusione del terrorismo. A tal fine confermiamo il nostro pieno impegno alla lotta contro la corruzione e il riciclaggio di denaro, il finanziamento del terro- rismo e i reati connessi, facendone priorità politiche sostenute da appropriati strumenti giuridici, adeguate risorse finanziarie, umane e istituzionali e, ove necessario, da appropriati strumenti per la loro concreta ed efficace applicazione.
Riconosciamo i progressi compiuti sinora dagli Stati partecipanti a ll’OSCE, individualmente e col- lettivamente, nell’affrontare la lotta a tali minacce e sfide alla stabilità e sicurezza. Dichiariamo
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che gli impegni politici dell’OSCE in materia di buongoverno e trasparenza interessano tutte e tre le dimensioni, e ribadiamo la nostra piena adesione all’attuazione di tali impegni attraverso un approccio globale, secondo quanto stabilito in questo e in altri pertinenti documenti OSCE.
Riaffermiamo il nostro accordo di impegnarci a livello nazionale, con il sostegno di importanti istituzioni internazionali, al fine di rafforzare il buongoverno in tutti i suoi aspetti e di sviluppare metodi di cooperazione a sostegno reciproco nel raggiungimento di tale obiettivo.
I. Buongoverno e trasparenza
Riteniamo che un settore pubblico basato sull’integrità, l’apertura, la trasparenza, la responsabi- lità e lo stato di diritto sia uno dei principali fattori di crescita economica sostenibile, e ricono- sciamo che un tale settore pubblico costituisce un elemento importante per alimentare la fiducia dei cittadini nelle istituzioni pubbliche e di governo. Ribadiamo pertanto l’importanza di fornire istruzione e formazione in materia di comportamento etico ai funzionari pubblici, istituendo e appli- cando pertinenti codici di condotta e leggi sul conflitto di interessi, nonché adottando e attuando sistemi globali di informazione su redditi e patrimoni per pertinenti funzionari. In particolare, riconosciamo che l’elaborazione di codici di condotta e il loro rispetto da parte delle istituzioni pubbliche sono fondamentali per rafforzare il buongoverno, l’integrità del settore pubblico e lo stato di diritto, e per mettere a punto rigorosi standard etici e di condotta per funzionari pubblici.
Accogliamo con favore il sostegno che l’OSCE e le sue operazioni sul terreno hanno già fornito a tale riguardo e chiediamo loro di continuare a prestare la loro preziosa assistenza agli Stati par- tecipanti, su loro richiesta, anche condividendo tra loro, attraverso la piattaforma per il dialogo dell’OSCE, esperienze nazionali acquisite e buone prassi.
Riconosciamo che il buongoverno richiede un quadro di riferimento di politiche economiche, leggi e istituzioni in cui le imprese e gli investimenti possano crescere. Pertanto, ribadiamo la nostra determinazione a dotarci di chiari quadri normativi che favoriscano lo sviluppo imprenditoriale, comprese le piccole e medie imprese, che sono fondamentali per la crescita economica e per la pro- mozione degli investimenti.
Siamo consapevoli che il conseguimento del buongoverno e la lotta alla corruzione non sono rea- lizzabili senza la partecipazione piena e paritaria delle donne e degli uomini nei processi politici ed economici e nelle istituzioni, come previsto in diversi documenti OSCE. Sottolineiamo l’im- portanza di offrire alle donne la possibilità di partecipare e contribuire attivamente alle politi- che e alle attività relative al buongoverno affinché uomini e donne possano trarre pari vantaggi.
Riconosciamo l’importanza di adottare e far rispettare leggi e altre misure contro la corruzione, rendendo, ad esempio, la corruzione di pubblici ufficiali nazionali ed esteri un reato penalmente rilevante e promuovendo partenariati pubblico-privati per contrastare la corruzione dei pubblici ufficiali.
Riaffermiamo che la gestione efficiente delle risorse pubbliche da parte di istituzioni forti e ben funzionanti, un servizio pubblico professionale ed efficace, così come sane procedure di bilancio e di aggiudicazione degli appalti pubblici sono componenti molto importanti del buongoverno. Riconosciamo pertanto l’importanza dell’apertura, della trasparenza e della non discriminazione nel settore dei beni e dei servizi, fornendo una solida base finanziaria per i nostri sistemi di pub- blica amministrazione, assicurando trasparenza fiscale e di bilancio e adottando sistemi di appalti pubblici equi e trasparenti (…).
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II. Lotta alla corruzione, al riciclaggio di denaro e al finanziamento del terrorismo
Incoraggiamo gli Stati partecipanti all’OSCE che ancora non l’hanno fatto a diventare Stati parte della Convenzione delle Nazioni Unite contro la corruzione, (UNCAC) e di darle piena attua- zione. Accogliamo con favore l’assistenza d ell’OSCE per l’attuazione di tale Convenzione, e incari- chiamo il Segretariato dell’OSCE, in particolare l’Ufficio del Coordinatore delle attività economiche e ambientali dell’OSCE (OCEEA), su richiesta degli Stati partecipanti all’OSCE, di fornire soste- gno, prestando anche assistenza tecnica.
Riconosciamo la necessità di migliorare l’attuazione dei nostri impegni internazionali e nazionali in materia di lotta alla corruzione, tra l’altro coinvolgendo la società civile e la comunità impren- ditoriale in tale processo, come appropriato, nonché l’importanza di riesaminarli regolarmente, anche nell’ambito del Meccanismo di riesame dell’attuazione della Convenzione delle Nazioni Unite contro la corruzione, in conformità con i termini di riferimento del Meccanismo. Accogliamo con favore il fatto che l’OSCE, e in particolare l’OCEEA, continui ad assistere gli Stati partecipanti, su loro richiesta, a sviluppare e/o armonizzare le rispettive legislazioni nazio- nali anti-corruzione, in linea con gli impegni internazionali da essi assunti, nonché ad assicurarne l’attuazione pratica e l’applicazione effettiva mediante lo scambio di esperienze e buone prassi a livello regionale, sub-regionale e nazionale, e ad offrire consulenza e formazione in collaborazione con altre organizzazioni, (…).
Riconosciamo che la lotta contro la corruzione richiede approcci strategici e globali a lungo ter- mine e istituzioni forti. Siamo persuasi che i responsabili della prevenzione, individuazione, inve- stigazione, perseguimento e giudizio dei reati di corruzione debbono essere liberi da influenze improprie. In particolare, rileviamo il ruolo centrale che le forze dell’ordine e le istituzioni giudi- ziarie svolgono nella lotta contro la corruzione e nella tutela dello stato di diritto. Riconosciamo l’importanza fondamentale di garantire l’indipendenza del potere giudiziario affinché possa svol- gere la sua funzione nonché la necessità di intensificare gli sforzi in tal senso. Riconosciamo inol- tre l’importanza e la necessità di garantire risorse adeguate per tali istituzioni.
Riconosciamo inoltre l’importanza fondamentale di impedire efficacemente il trasferimento dei proventi di reato, il furto, l’appropriazione indebita e altre forme di diversione di beni pubblici, e di recuperare i beni sottratti, per assicurare la credibilità dei nostri sforzi anti-corruzione e lo sviluppo economico. Riconosciamo che l’efficace recupero dei beni richiede quadri giuridici e istituzioni appropriati, professionisti abilitati con competenze e risorse adeguate, una cooperazione nazionale e internazionale proattiva e tempestiva, quadri per la creazione di reti e una forte volontà politica. Sosteniamo pertanto misure atte a eliminare gli ostacoli al recupero dei beni, fra l’altro, miglio- rando l’efficienza delle procedure giuridiche, prevenendo l’abuso di tali procedure, intensificando gli sforzi volti a prevenire il riciclaggio di denaro, e rafforzando la cooperazione internazionale in materia di recupero dei beni. (…)
Riconosciamo l’importanza di garantire sufficiente protezione agli informatori del settore pub- blico o privato, in ragione del ruolo chiave da essi svolto nella prevenzione e nell’individuazione della corruzione, tutelando in tal modo l’interesse pubblico. Intensificheremo i nostri sforzi al fine di adottare misure appropriate volte a mettere in atto meccanismi giuridici che proteggano effica- cemente gli informatori e i loro stretti familiari da ritorsioni, intimidazioni o altri danni psicolo- gici o fisici, o dalla perdita ingiustificata della libertà o della possibilità di sussistenza.
Riconosciamo che tali provvedimenti sono elementi necessari di un regime efficace anti-corruzione.
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Riconosciamo che gli atti di terrorismo internazionale dipendono dal finanziamento che i terro- risti possono ottenere. Riteniamo che il finanziamento del terrorismo sia una questione di grave preoccupazione per la comunità internazionale nel suo insieme. Siamo convinti della necessità urgente di rafforzare la cooperazione internazionale tra gli Stati nella definizione e nell’adozione di misure efficaci per la prevenzione del finanziamento del terrorismo, nonché per la sua soppres- sione attraverso il perseguimento e la condanna dei colpevoli. (…)
III. Società civile e settore privato
Incoraggiamo l’OSCE a continuare ad avvalersi del suo approccio globale alla sicurezza e a raf- forzare ulteriormente il dialogo e la cooperazione tra i governi, la società civile e il settore privato al fine di sostenere negli Stati partecipanti le iniziative di buongoverno, inclusa la lotta alla corru- zione, al riciclaggio di denaro e al finanziamento del terrorismo. Riconosciamo che è importante includere il settore privato negli sforzi volti a contrastare la cor- ruzione e a rafforzare il buongoverno, nonché a ottenerne l’impegno a favore di un clima econo- mico equo e trasparente. Un tale impegno da parte della comunità imprenditoriale è importante al fine di rafforzare il buongoverno, la trasparenza, la stabilità e la sicurezza a livello nazionale e internazionale. (…)
Incoraggiamo la comunità imprenditoriale a tener conto nell’ambito delle sue attività delle neces- sità sociali, ambientali, umanitarie e di sicurezza degli Stati partecipanti.
Sottolineiamo l’importanza di accrescere il contributo del mondo accademico, della comunità imprenditoriale e della società civile nella promozione della conoscenza dei fattori che impedi- scono la crescita economica, incluse le barriere di accesso al mercato, al commercio e agli investi- menti, nonché la necessità di maggiore trasparenza al fine di promuovere uno sviluppo economico sostenibile.
Riconosciamo che la libertà di informazione e l’accesso all’informazione promuovono l’aper- tura e la responsabilità nella politica e nell’aggiudicazione degli appalti pubblici e consentono alla società civile, inclusi i mezzi di informazione, di contribuire alla prevenzione e alla lotta alla cor- ruzione, al finanziamento del terrorismo, al riciclaggio di denaro e ai reati principali. Ribadiamo il nostro impegno a rendere più trasparenti i nostri governi, sviluppando ulteriormente processi e istituzioni che forniscono informazioni tempestive, incluse statistiche attendibili, al fine di pro- muovere un dialogo aggiornato e produttivo. Sosteniamo il valore dell’apertura del nostro impegno con i cittadini per migliorare i servizi, e accrescere l’integrità pubblica, gestire efficacemente le risorse pubbliche e creare comunità più sicure e migliorare la responsabilità nell’economia privata. (…)
IV. Collaborare per il progresso
Riconosciamo che l’OSCE rappresenta un foro per il dialogo politico, lo scambio di informazioni e la cooperazione in materia di buongoverno, nonché una piattaforma per creare il necessario con- senso politico e la comprensione dell’importanza di prevenire e eliminare la corruzione, il rici- claggio di denaro e il finanziamento del terrorismo a tutti i livelli in vista di uno sviluppo e una stabilità socio-economici sostenibili. Riaffermiamo il nostro impegno a cooperare nello sviluppo di strategie per il buongoverno e a condividere le esperienze sulle migliori prassi.
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Accogliamo di buon grado la stretta cooperazione esistente tra l’OSCE e altre pertinenti orga- nizzazioni e istituzioni, comprese le Nazioni Unite, e invitiamo le strutture esecutive dell’OSCE, in particolare l’OCEEA, a estendere ulteriormente tale cooperazione al fine di assicurare valore aggiunto e la complementarietà delle attività.
Riconosciamo il valido contributo che le strutture esecutive dell’OSCE, incluse le sue operazioni sul terreno, forniscono ai più ampi lavori dell’Organizzazione nella promozione del buongoverno, della trasparenza e dello stato di diritto. Le invitiamo ad accrescere ulteriormente la loro coope- razione e a continuare a coordinare il loro impegno di assistere gli Stati partecipanti, su richiesta dei medesimi, nell’attuazione delle disposizioni della presente dichiarazione.
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I. Dichiarazioni del Consiglio dei ministri
Dichiarazione ministeriale sul rafforzamento delle iniziative dell’OSCE per far fronte alle minacce transnazionali Noi, membri del Consiglio dei ministri dell’OSCE, riconoscendo il carattere evolutivo delle minacce transnazionali nella regione dell’OSCE e al di fuori di essa, nonché la necessità di fornire risposte internazionali collettive ed efficaci, coordinate e fondate su un approccio transdimensionale (…), lodiamo le attività intraprese dagli Stati partecipanti all’OSCE volte a rafforzare la cooperazione per fronte alle minacce transnazionali in settori come la lotta al terrorismo, alla criminalità orga- nizzata, alla tratta di esseri umani e alle droghe illecite, le attività connesse alla polizia e la sicu- rezza e la gestione delle frontiere, nonché per l’elaborazione di misure di rafforzamento della fiducia (CBM) (…); (…)
incoraggiamo gli Stati partecipanti a ll’OSCE e le pertinenti strutture esecutive, nell’ambito dei loro mandati e delle procedure stabilite, a intensificare gli sforzi per raggiungere una maggiore unità di intenti e di azione nel far fronte alle minacce transnazionali attuali ed emergenti e a continuare il dialogo in questo campo, anche nel quadro di conferenze tematiche mirate e orientate ai risul- tati in tutta la regione dell’OSCE, se del caso, e preferibilmente con cadenza annuale;
invitiamo gli Stati partecipanti all’OSCE, ove necessario con il sostegno delle pertinenti strutture esecutive dell’OSCE, a sviluppare ulteriormente la cooperazione con le Nazioni Unite e con altre pertinenti organizzazioni internazionali e regionali, sulla base della Piattaforma per la sicurezza cooperativa del 1999, nonché con i Partner OSCE mediterranei e asiatici per la cooperazione, al fine di rafforzare ulteriormente la capacità dell’OSCE di contrastare le minacce transnazionali, anche con il coinvolgimento della società civile.
II. Decisioni del Consiglio dei ministri
Decisione N.3/13
Libertà di pensiero, coscienza, religione o credo
Il Consiglio dei ministri, riconfermando le passate decisioni CSCE/OSCE sulla libertà di pensiero, coscienza, religione o credo, (…),
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(…)
impegnato a garantire il rispetto e il godimento della libertà di pensiero, di coscienza, di religione o di credo per tutti,
sottolineando che ogni persona ha il diritto alla libertà di pensiero, di coscienza, di religione o di credo, che include la libertà di avere o di adottare una religione o un credo di propria scelta, così come di non avere o non professare una religione, di cambiare la propria religione o credo, nonché la libertà di manifestare la propria religione o il proprio credo, individualmente o in comune con altri e sia in pubblico che in privato, attraverso l’insegnamento, la pratica, il culto e l’osservanza dei riti. La libertà di manifestare la propria religione o le proprie convinzioni può essere soggetta unicamente alle restrizioni previste dalla legge e coerenti con le norme internazionali,
riaffermando gli impegni degli Stati partecipanti a rispettare, tutelare e garantire il diritto di cia- scuno alla libertà di pensiero, di coscienza, di religione o di credo,
sottolineando il legame tra la sicurezza e il pieno rispetto della libertà di pensiero, di coscienza, di religione o di credo,
profondamente preoccupato per i continui atti di intolleranza e di violenza contro i singoli e con- tro le comunità religiose o di credenti, basati sul pensiero, la coscienza, la religione o il credo in tutto il mondo,
sottolineando che la libertà di pensiero, di coscienza, di religione o di credo e tutti gli altri diritti umani e libertà fondamentali sono interdipendenti, interconnessi e si rafforzano reciprocamente,
ponendo l’accento sull’importanza di promuovere un clima di tolleranza e rispetto reciproci fra credenti di diverse comunità e fra credenti e non credenti,
invita gli Stati partecipanti a:
attuare pienamente gli impegni OSCE sulla libertà di pensiero, di coscienza, di religione o di credo;
attuare pienamente gli impegni da loro assunti in modo da garantire il diritto di tutte le persone di professare e praticare la religione o il credo, individualmente o in comune con altri e sia in pubblico che in privato, e di manifestare la propria religione o il proprio credo attraverso l’inse- gnamento, la pratica, il culto e l’osservanza dei riti, anche per mezzo di leggi, normative, prassi e politiche trasparenti e non discriminatorie;
astenersi dall’imporre restrizioni non coerenti con gli impegni OSCE e con gli obblighi interna- zionali in materia di pratica religiosa o di credo nei confronti dei singoli e delle comunità religiose;
promuovere e facilitare il dialogo e partenariati aperti e trasparenti tra fedi e tra religioni;
prefiggersi l’obiettivo di prevenire l’intolleranza, la violenza e la discriminazione basate sulla reli- gione o sul credo, anche nei confronti dei cristiani, degli ebrei, dei musulmani e dei membri di altre religioni, nonché nei confronti dei non credenti, di condannare la violenza e la discriminazione per motivi religiosi e cercare di prevenire gli attacchi diretti a persone o gruppi per motivi legati al pensiero, alla coscienza, alla religione o al credo, nonché di proteggere tali persone o gruppi;
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incoraggiare tempestivamente l’inclusione delle comunità religiose e di credenti nei dibattiti pub- blici su iniziative legislative pertinenti;
promuovere il dialogo tra le comunità religiose o di credenti e gli organismi governativi, anche, ove necessario, su questioni legate all’utilizzo dei luoghi di culto e delle proprietà religiose;
adottare misure efficaci per prevenire ed eliminare la discriminazione nei confronti dei singoli o delle comunità religiose o di credenti basata sulla religione o sul credo, anche nei confronti dei non credenti, da parte di funzionari pubblici nello svolgimento delle loro funzioni pubbliche;
adottare politiche atte a promuovere il rispetto e la protezione dei luoghi di culto e dei siti reli- giosi, dei monumenti religiosi, dei cimiteri e dei santuari da atti di vandalismo e di distruzione.
Decisione N.4/13
Potenziamento delle iniziative dell’OSCE volte ad attuare il Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE, con particolare attenzione alle donne, ai giovani e ai bambini rom e sinti
Il Consiglio dei ministri, riaffermando gli impegni OSCE relativi ai rom e ai sinti (…), (…)
riconoscendo che nell’area dell’OSCE sono stati intrapresi vari sforzi come lo sviluppo e l’attua- zione di piani d’azione e strategie nazionali, nonché la creazione di programmi e politiche volte a migliorare la situazione dei rom e dei sinti, e che l’attuazione di tali iniziative a livello locale è essenziale per la loro realizzazione,
prendendo atto delle conclusioni e delle raccomandazioni relative alle azioni prioritarie da intra- prendere, contenute nel secondo rapporto dell’ODIHR sullo stato di attuazione del Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE, pubblicato nel 2013 (…)
manifestando preoccupazione per il fatto che i rom e sinti continuano ad essere oggetto di razzi- smo e di violenza motivata dal pregiudizio nell’area dell’OSCE,
rilevando, in tale contesto, che le donne e le ragazze rom e sinti sono particolarmente vulnerabili a più forme di discriminazione, così come a violenze e molestie,
riconoscendo che l’istruzione è un fattore chiave per offrire maggiori opportunità di un’equa par- tecipazione alla vita sociale, politica ed economica e culturale per i rom e i sinti, inclusi le donne, i giovani e i bambini rom e sinti, in particolare le ragazze, e di esercitare i loro diritti e promuo- vere la loro piena inclusione,
convinto che gli Stati partecipanti dovrebbero cercare di offrire ai rom e ai sinti l’opportunità di contribuire alle politiche che li riguardano e che i rom e i sinti dovrebbero essere dei partner e condividere le responsabilità connesse all’attuazione delle politiche volte a promuovere e ad age- volare la loro integrazione,
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riconoscendo che i diritti delle donne rom e sinti e la parità di genere, in particolare, devono essere sostenuti e promossi dalle politiche e dalle istituzioni dello Stato con la partecipazione attiva delle donne rom e sinti,
considerando che i giovani e i bambini rom e sinti saranno in futuro i principali attori nella pro- mozione dell’inclusione delle persone e delle comunità rom e sinti, nonché nella promozione della loro piena partecipazione alla vita sociale, civile, politica, economica e culturale delle società in cui vivono,
invita gli Stati partecipanti a:
1. potenziare i loro sforzi volti ad attuare il Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE, in particolare attraverso un migliore monitoraggio e valutazione delle strategie, delle politiche e delle misure in materia di integrazione dei rom e dei sinti;
2. prevenire l’ulteriore emarginazione ed esclusione dei rom e dei sinti e far fronte all’aumento dei fenomeni di discriminazione e della manifestazioni violente di intolleranza contro i rom e i sinti, anche nei confronti dei migranti rom e sinti, nei modi seguenti: 2.1 intensificando gli sforzi volti a promuovere la tolleranza e a combattere i pregiudizi nei con- fronti dei rom e dei sinti; 2.2 condannando inequivocabilmente e pubblicamente ogni violenza contro i rom e i sinti; 2.3 contrastando gli stereotipi negativi sui rom e i sinti nei mezzi di informazione tenendo conto dei pertinenti impegni OSCE in materia di libertà dei mezzi di informazione; 2.4 promulgando o rafforzando, ove necessario, leggi e misure politiche che affrontino la discri- minazione e i crimini motivati dal pregiudizio nei confronti dei rom e sinti; 2.5 rafforzando le capacità delle agenzie e del personale preposti all’applicazione della legge di indi- viduare, raccogliere dati in merito, indagare e perseguire i crimini motivati dall’odio contro i rom e i sinti; 2.6 adottando le misure necessarie per garantire l’accesso a rimedi efficaci per le vittime di discri- minazione e manifestazioni violente di intolleranza contro i rom e i sinti, attraverso procedure giudiziarie, amministrative, di mediazione e di conciliazione; 2.7 accrescendo la partecipazione dei rom e dei sinti nell’elaborazione, attuazione e valutazione delle politiche che li riguardano, anche promuovendo la loro partecipazione politica e favorendo l’educazione al voto; 2.8 promuovendo un dialogo inclusivo nella società al fine di sensibilizzarla sulla minaccia che l’intolleranza e la discriminazione contro i rom e i sinti può rappresentare per la coesione sociale, la stabilità e la sicurezza; 2.9 affrontando alla radice le cause della discriminazione e dell’intolleranza nei confronti dei rom e dei sinti, anche rafforzando gli sforzi in campo educativo e la presa di coscienza globale al fine di affrontare i pregiudizi e promuovere il rispetto e la comprensione reciproci; 2.10 sostenendo le iniziative della società civile volte a rappresentare e assistere le vittime rom e sinti di crimini ispirati dall’odio e di discriminazione; 2.11 adottando le misure necessarie per accrescere l’attiva partecipazione e l’autonomia dei rom e dei sinti al fine di promuovere la loro integrazione sociale; 2.12 adottando misure che garantiscano la sicurezza, il benessere e la salute delle donne, dei giovani e dei bambini rom e sinti, anche affrontando questioni quali la violenza domestica, i matrimoni
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precoci e la tratta di esseri umani e offrendo a tal fine, ove necessario, accesso a servizi di soste- gno riabilitativo;
3. concentrare i loro sforzi e le risorse necessarie sull’istruzione come fattore importante per migliorare la situazione dei rom e dei sinti e promuovere una loro maggiore integrazione econo- mica e sociale anche per mezzo delle seguenti iniziative: 3.1 adottando misure concrete volte a garantire la parità di accesso e la partecipazione dei giovani e dei bambini rom e sinti all’istruzione statale di tutti i livelli, compresa l’istruzione prescolare, e quella primaria e secondaria; 3.2 affrontando il problema dell’elevato tasso di abbandono della scuola secondaria da parte di alunni rom e sinti, e prestando la dovuta attenzione ai problemi specifici cui sono esposte le ragazze rom a tale riguardo, adottando al contempo misure efficaci per promuovere la partecipazione dei gio- vani rom e dei sinti a livelli di istruzione più elevati; 3.3 promuovendo un maggiore accesso e adottando misure appropriate per facilitare l’iscrizione degli studenti rom e sinti all’istruzione universitaria, anche attraverso programmi di borse di studio; 3.4 promuovendo lo sviluppo di programmi d’integrazione dei rom e dei sinti a livello nazionale e locale, inclusi programmi di formazione e corsi di studio integrativi, anche sulla cultura e la sto- ria rom e sinti; 3.5 rinnovando gli sforzi per eliminare la segregazione dei rom e dei sinti nel settore dell’istru- zione a tutti i livelli;
4. adottare misure operative per sostenere l’emancipazione delle donne rom e sinti, in particolare: 4.1 intensificando i loro sforzi per garantire che le donne rom e sinti possano godere ed esercitare i loro diritti umani e accrescendo gli sforzi volti a combattere la discriminazione nei loro con- fronti a tutti i livelli, tra cui, ove necessario, nei settori dell’istruzione, dell’occupazione, della sanità e degli alloggi, e collaborando a tal fine con organizzazioni della società civile rom e sinti e con le popolazioni rom e sinti stesse; 4.2 promuovendo l’effettiva partecipazione paritaria delle donne rom e sinti alla vita pubblica e poli- tica, anche attraverso la promozione dell’accesso delle donne alle cariche pubbliche, alla pubblica amministrazione e a ruoli decisionali; 4.3 incoraggiando la parità di accesso delle donne rom e sinti all’occupazione, a programmi di tiro- cinio e di orientamento; 4.4 concentrandosi su misure specifiche, ove appropriato, per promuovere la parità di accesso e la partecipazione all’istruzione delle bambine rom e sinti a tutti i livelli;
5. incoraggiare le pertinenti strutture esecutive dell’OSCE a potenziare le loro attività intese a svi- luppare le capacità delle donne e delle organizzazioni giovanili rom e sinti, al fine di promuovere l’emancipazione, l’istruzione e la non discriminazione tra le donne e i giovani rom e sinti e inco- raggiare la partecipazione paritaria delle donne rom e sinti in tutti i settori di loro interesse;
sollecita un costante coordinamento in seno all’OSCE e una costante cooperazione con pertinenti attori internazionali, con l’obiettivo di intensificare gli sforzi dell’OSCE volti ad attuare il Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE;
incoraggia l’Assemblea parlamentare dell’OSCE a proseguire i suo sforzi volti a migliorare la situa- zione dei rom dei sinti nell’area dell’OSCE.
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Decisione N.7/13
Lotta alla tratta di esseri umani
Il Consiglio dei ministri,
riaffermando i pertinenti impegni OSCE degli anni 2000-2008 e la Dichiarazione ministeriale di Vilnius del 2011 sulla lotta a tutte le forme di tratta di esseri umani,
ribadendo il valore strategico del Piano d’azione dell’OSCE del 2003 per la lotta alla tratta di esseri umani, che offre agli Stati partecipanti una serie di raccomandazioni avanzate sulle misure da adot- tare a livello internazionale e nazionale in materia di azione penale, prevenzione e tutela, e guida le attività delle pertinenti strutture esecutive dell’OSCE,
profondamente preoccupato per il notevole aumento di tutte le forme di tratta di esseri umani (THB), sia transnazionali che interne, e ribadendo la particolare necessità di adottare misure più vigorose per far fronte alle attuali, emergenti e complesse tendenze e forme di tratta,
accoglie con favore l’adozione dell’Addendum al Piano d’azione dell’OSCE per la lotta alla tratta di esseri umani: dieci anni dopo, approvata dal Consiglio permanente con la Decisione N.1107, e considera l’Addendum: dieci anni dopo parte integrante del Piano d’azione dell’OSCE 2003 per la lotta alla tratta di esseri umani.
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I. Dichiarazioni del Consiglio dei ministri
Dichiarazione sui giovani
Noi, membri del Consiglio dei ministri dell’Organizzazione per la sicurezza e la cooperazione in Europa, ricordiamo gli impegni OSCE relativi ai giovani e ai bambini, sanciti nell’Atto finale di Helsinki e in altre pertinenti decisioni dell’OSCE, e prendiamo atto degli sforzi compiuti da altre organizzazioni internazionali a tale riguardo, in particolare le Nazioni Unite.
Riconosciamo che i giovani e i bambini richiedono un’attenzione particolare e che le loro esigenze, le loro preoccupazioni e i loro interessi dovrebbero essere affrontati in modo globale.
Riconosciamo che i giovani sono potenzialmente in grado di contribuire allo sviluppo economico, politico e sociale e che essi possono offrire sostegno agli Stati partecipanti nell’attuazione degli impegni in tutte le tre dimensioni dell’OSCE.
Prendiamo atto dell’iniziativa della Presidenza svizzera relativa ai giovani nel quadro dell’OSCE.
Dichiarazione sul potenziamento degli sforzi per combattere l’antisemitismo
Noi, membri del Consiglio ministeriale dell’Organizzazione per la sicurezza e la cooperazione in Europa, ricordiamo la Conferenza OSCE sull’antisemitismo tenutasi a Berlino nel 2004, in cui gli Stati partecipanti dell’OSCE hanno condannato tutte le manifestazioni di antisemitismo e si sono impegnati a intraprendere sforzi comuni per combattere l’antisemitismo in tutta l’area dell’OSCE.
Esprimiamo la nostra preoccupazione per il numero sconcertante di episodi di antisemitismo che continuano ad avere luogo nell’area dell’OSCE e a rappresentare una sfida per la stabilità e la sicurezza.
Respingiamo e condanniamo le manifestazioni di antisemitismo, di intolleranza e di discrimina- zione contro gli ebrei.
Rammentiamo l’impegno a rispettare i diritti umani e le libertà fondamentali di tutti, senza distin- zione di razza, sesso, lingua o religione, come sancito nella disposizione dell’Atto finale di Hel- sinki del 1975.
Apprezziamo la dichiarazione di Berlino sull’antisemitismo resa nel 2004 dal Presidente in eser- cizio dell’OSCE e riaffermiamo i pertinenti impegni OSCE.
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Prendiamo atto delle conclusioni della Presidenza svizzera dell’OSCE in occasione del decimo anniversario della Conferenza di Berlino sull’antisemitismo. Riconosciamo il contributo essenziale della società civile nel prevenire e rispondere all’antisemi- tismo, (…).
Sottolineiamo l’importanza che gli Stati collaborino con la società civile attraverso partenariati efficaci e un dialogo rafforzato nonché attraverso la cooperazione nell’ambito della lotta contro l’antisemitismo.
Dichiariamo senza ambiguità che gli sviluppi internazionali, anche in merito alla situazione in Medio Oriente, non giustificano mai l’antisemitismo.
Chiamiamo gli esponenti religiosi, politici e della società civile ad impegnarsi in dibattiti aperti al fine di combattere e prevenire l’antisemitismo, nel pieno rispetto delle libertà fondamentali e dei diritti umani.
Chiediamo agli Stati partecipanti di:
incoraggiare i dirigenti politici e le personalità pubbliche a pronunciarsi con forza e con sollecitu- dine in caso di episodi di antisemitismo;
promuovere programmi educativi per combattere l’antisemitismo e fornire ai giovani opportunità di educazione ai diritti umani, anche in materia di antisemitismo;
intensificare gli sforzi intesi ad attuare i pertinenti impegni OSCE relativi al monitoraggio dei cri- mini ispirati dall’odio e alla raccolta di dati pertinenti, compresi quelli motivati dall’antisemitismo;
indagare in modo efficace, tempestivo e imparziale su atti di violenza motivati dall’antisemitismo e perseguire i responsabili;
promuovere e facilitare un dialogo e partenariati aperti e trasparenti, interculturali, interconfes- sionali e interreligiosi;
incoraggiare l’inclusione delle comunità religiose e di credenti in dibattiti pubblici su iniziative legislative pertinenti;
chiediamo a ll’ODIHR di:
offrire agli Stati partecipanti le migliori prassi relative agli sforzi per contrastare l’antisemitismo, anche consultando la società civile, al fine di individuare e affrontare in modo efficace le attuali manifestazioni di antisemitismo;
facilitare la cooperazione tra funzionari governativi e la società civile su questioni relative all’an- tisemitismo, inclusi i crimini ispirati dall’odio e la memoria dell’Olocausto;
assistere gli Stati partecipanti nei loro sforzi intesi a raccogliere dati sui crimini ispirati dall’odio antisemitico, in cooperazione con la società civile, ove appropriato;
facilitare lo scambio di buone prassi tra gli Stati partecipanti su iniziative educative e altre misure di sensibilizzazione sull’antisemitismo e superare le difficoltà legate all’educazione all’Olocausto;
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promuovere il dialogo e rafforzare la capacità della società civile di promuovere il rispetto e la com- prensione reciproci, al fine di sostenere la causa della cooperazione tra comunità diverse.
Mettiamo in rilievo il lavoro dei tre Rappresentanti personali per le questioni della tolleranza a sostegno degli sforzi globali dell’OSCE per combattere l’intolleranza e la discriminazione, in par- ticolare attraverso le loro visite in loco, le relative raccomandazioni e i rapporti da loro presentati al Consiglio permanente dell’OSCE.
Incoraggiamo gli Stati partecipanti a elaborare dichiarazioni ministeriali sul potenziamento degli sforzi per combattere l’intolleranza e la discriminazione, anche contro i musulmani, i cristiani e i membri di altre religioni.
II. Decisioni del Consiglio dei ministri
Decisione N.5/14
Prevenzione della corruzione
Il Consiglio dei ministri, riaffermando gli impegni dell’OSCE in materia di lotta alla corruzione, (…),
riconoscendo che la corruzione a tutti i livelli è una fonte potenziale di tensione politica che mina la stabilità e la sicurezza degli Stati partecipanti, minaccia i valori condivisi dell’OSCE e facilita l’attività criminale,
convinto che una prevenzione più efficace della corruzione promuova il buongoverno in tutti i set- tori pubblici, rafforzi la fiducia nelle istituzioni pubbliche, accresca la responsabilità sociale delle imprese nel settore privato, incrementi la crescita economica e contribuisca alla stabilità sociale e alla sicurezza,
riaffermando che la libertà di informazione e l’accesso all’informazione favoriscono l’apertura e la responsabilità nelle politiche e negli appalti pubblici e consentono alla società civile, inclusi i mezzi di informazione, di contribuire a prevenire e a combattere la corruzione, il finanziamento del ter- rorismo, il riciclaggio di denaro e i reati presupposti,
sottolineando il ruolo centrale delle forze di polizia e delle istituzioni giudiziarie nel prevenire e combattere la corruzione,
riconoscendo che la capacità dei mezzi di comunicazione di essere indipendenti di condurre indagini e pubblicarne i risultati, in conformità con la legislazione nazionale e con gli impegni internazio- nali, senza timore di incorrere in procedimenti giudiziari, persecuzioni o danni fisici, è fondamen- tale per prevenire e combattere la corruzione a tutti i livelli e in tutti i settori,
riconoscendo che l’erogazione di servizi pubblici efficienti, accessibili, responsabili e trasparenti è una delle componenti fondamentali per creare condizioni che possano contrastare la corruzione nel settore pubblico,
riconoscendo l’importanza degli sforzi di rafforzamento delle capacità per prevenire e combattere efficacemente la corruzione,
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riconoscendo l’importanza della cooperazione internazionale tra organismi nazionali preposti al contrasto della corruzione ai fini dello scambio di buone prassi, dell’ulteriore sviluppo di misure anticorruzione e dello scambio di conoscenze tra professionisti in materia di lotta alla corruzione,
accogliendo con favore che quasi tutti gli Stati partecipanti hanno ratificato o aderito alla Con- venzione delle Nazioni Unite contro la corruzione (UNCAC) e si stanno adoperando per rispet- tare gli impegni previsti dalla Convenzione,
evidenziando l’importanza della cooperazione con altre pertinenti organizzazioni internazionali per prevenire e combattere la corruzione,
incoraggia gli Stati partecipanti a:
continuare a elaborare e attuare leggi e politiche preventive in materia di lotta alla corruzione e a stabilire e promuovere misure e strumenti concreti per affrontare tutte le forme e i livelli di corru- zione sia per il settore privato sia per quello pubblico, nonché per altri soggetti interessati;
adottare misure per migliorare la trasparenza, la responsabilità e lo stato di diritto nella pubblica amministrazione, in conformità con i principi fondamentali del loro ordinamento giuridico, anche attraverso l’introduzione di misure efficaci che facilitino l’accesso del pubblico all’informazione e la promozione di efficaci servizi pubblici;
adottare, mantenere e rafforzare sistemi che impediscano conflitti di interesse nel settore pubblico, anche, ad esempio, affrontando i conflitti di interesse mediante codici di condotta applicabili e sta- bilendo e rafforzando sistemi di dichiarazione dei beni patrimoniali di funzionari pubblici e di per- sone politicamente esposte, in conformità con i principi fondamentali del loro diritto nazionale, e creare condizioni eque e competitive per le assunzioni nel settore pubblico, in modo da aumen- tare la trasparenza e l’integrità nella pubblica amministrazione;
favorire la partecipazione del settore privato, delle organizzazioni della società civile, dei mezzi di comunicazione e del mondo accademico, anche attraverso il sostegno delle strutture esecutive dell’OSCE, conformemente ai loro mandati, al fine di sviluppare strategie e politiche nazionali di lotta alla corruzione e sostenere la loro successiva attuazione;
promuovere una cultura dell’integrità, della trasparenza e della responsabilità in tutti i settori della società, al fine di contribuire a prevenire la corruzione;
riconoscere il ruolo importante svolto da coloro che denunciano violazioni ai fini dell’individua- zione e prevenzione della corruzione e della difesa dell’interesse pubblico, e intensificare gli sforzi individuali nazionali volti a garantire loro sufficiente protezione;
contribuire a rafforzare le misure di sensibilizzazione riguardo alla corruzione in tutti i settori della società, svolgendo attività di formazione e programmi educativi in materia di prevenzione della corruzione e di integrità, con particolare attenzione ai giovani, e riconoscendo il ruolo svolto in tal senso da una società civile impegnata e beninformata e da mezzi di informazione indipen- denti, liberi e pluralistici;
adottare le misure necessarie, in conformità con i principi fondamentali del loro sistema giuri- dico, per definire o rafforzare procedure appropriate negli appalti pubblici basate sulla trasparenza, la concorrenza e criteri oggettivi nel processo decisionale, che siano efficaci nella prevenzione della corruzione;
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promuovere misure per rafforzare l’integrità del sistema giudiziario e prevenire le possibilità di cor- ruzione tra i membri dei servizi giudiziari e delle procure;
attuare e rispettare le norme internazionali in materia di lotta alla corruzione, come quelle previste dalla Convenzione delle Nazioni Unite contro la corruzione e, ove appropriato, dalle convenzioni dell’OCSE e del Consiglio d’Europa sulla corruzione e contribuire a coinvolgere maggiormente la società civile nella loro attuazione, come disposto in tali convenzioni;
stabilire e applicare provvedimenti efficaci, proporzionati e dissuasivi e sanzioni amministrative per reprimere la corruzione di persone fisiche e, ove appropriato, giuridiche, al fine di scoraggiare e arginare la corruzione;
facilitare il recupero di beni sottratti quale parte delle misure nazionali, nonché nel quadro della cooperazione internazionale e, ove appropriato, regionale, e garantire la trasparenza della pro- prietà beneficiaria;
avvalersi degli strumenti, delle linee guida e dei progetti OSCE disponibili per combattere e pre- venire la corruzione;
incoraggia le pertinenti strutture esecutive dell’OSCE, incluse, ove appropriato, le operazioni sul terreno, conformemente ai loro mandati e nell’ambito delle risorse esistenti, a facilitare lo scam- bio di migliori prassi in materia di prevenzione della corruzione tra gli Stati partecipanti, su loro richiesta; incarica le strutture esecutive d ell’OSCE, in particolare l’Ufficio del Coordinatore delle attività eco- nomiche e ambientali (OCEEA) e, ove appropriato, le operazioni sul terreno, in cooperazione con pertinenti partner internazionali (…), ad assistere gli Stati partecipanti, nell’ambito delle risorse esistenti e su loro richiesta, nell’attuazione degli impegni da loro assunti in seno a ll’UNCAC e nella formulazione di politiche nazionali, nello scambio di buone prassi e nello svolgimento di attività e di progetti volti al rafforzamento delle capacità nel settore della prevenzione e della lotta alla corruzione;
incarica le strutture esecutive dell’OSCE, in particolare l’OCEEA e, ove appropriato, le opera- zioni sul terreno dell’OSCE, di promuovere, nell’ambito delle risorse disponibili e dei loro man- dati, gli strumenti e le linee guida dell’OSCE disponibili per combattere e prevenire la corruzione; (…)
Decisione N.7/14
Prevenzione e lotta alla violenza contro le donne
Il Consiglio dei ministri, ribadendo l’impegno a rispettare i diritti dell’uomo e le libertà fondamentali per tutti, senza distin- zione di razza, sesso, lingua o religione (…),
ricordando che l’esercizio pieno e paritario da parte delle donne dei propri diritti umani è elemento essenziale per realizzare un’area OSCE più pacifica, prospera e democratica e che gli Stati parte- cipanti sono impegnati a adoperarsi affinché la parità tra uomo e donna divenga parte integrante delle loro politiche, sia a livello dei loro Stati che all’interno delle strutture esecutive dell’OSCE, secondo quanto dichiarato al Vertice OSCE di Istanbul nel 1999,
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ribadendo che la dignità intrinseca dell’individuo è al centro della sicurezza globale, (…),
riconfermando tutti gli impegni pertinenti dell’OSCE, ivi inclusi quelli contenuti nella Decisione del Consiglio dei ministri N.14/04 sul Piano d’Azione per la promozione della parità tra i sessi e la Decisione del Consiglio dei ministri N.15/05 sulla prevenzione e la lotta alla violenza nei con- fronti delle donne, (…)
riconoscendo gli impegni assunti dagli Stati partecipanti in seno a organizzazioni internazionali e regionali in materia di lotta alla violenza contro le donne,
prendendo atto delle iniziative internazionali e regionali per la lotta alla violenza sessuale, in par- ticolar modo nei conflitti armati, (…)
profondamente preoccupato per la persistenza della violenza contro le donne come una delle vio- lazioni dei diritti dell’uomo più pervasiva nell’area dell’OSCE, nella sua manifestazione fisica, ses- suale e psicologica, e reiterando la particolare necessità di misure più rigorose nell’ambito della prevenzione e della lotta alla violenza contro le donne, di cui la disparità tra i sessi di genere può essere uno dei fattori che maggiormente vi contribuiscono,
ribadendo l’importanza di una responsabilità effettiva nell’ambito della violenza contro le donne e i bambini, inclusi la violenza sessuale, l’abuso e lo sfruttamento, e dell’adozione di misure ade- guate per la lotta a tali violenze,
invita gli Stati partecipanti a adottare le seguenti misure relative alla lotta e alla prevenzione della violenza contro le donne in ambiti come lo sviluppo di quadri giuridici e partenariati, l’adozione di provvedimenti per prevenire e reprimere la violenza contro le donne, nonché la protezione delle vittime;
invita gli Stati partecipanti ad assicurare per tutte le donne protezione e pieno rispetto dei diritti umani e libertà fondamentali;
condanna fermamente tutte le forme di violenza contro le donne ed esorta gli Stati partecipanti ad astenersi dal giustificarle, conformemente alla Dichiarazione sull’eliminazione della violenza contro le donne;
(A) Quadro giuridico
1. Invita gli Stati partecipanti a:
richiedere, ove appropriato opportuno, opinioni dell’ODIHR sui quadri giuridici e politici di pre- venzione e lotta alla violenza contro le donne, ivi inclusa la violenza domestica;
raccogliere, mantenere e rendere pubblici dati e statistiche attendibili, comparabili, disaggregati, onnicomprensivi e comprovati su tutte le forme di violenza contro le donne, inclusa la violenza ses- suale e domestica, e al contempo garantire l’osservanza delle loro norme sulla protezione dei dati, così come includere informazioni sul numero di casi segnalati alle forze dell’ordine, sul numero di indagini, procedimenti e sentenze inflitte;
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adeguare la legislazione nazionale agli standard internazionali pertinenti da loro adottati, nel caso in cui non l’abbiano ancora fatto, e agli impegni OSCE riguardo ogni forma di violenza contro le donne, nonché considerare le migliori prassi nell’adozione delle pertinenti misure legislative;
prendere in considerazione la firma e la ratifica di pertinenti strumenti regionali e internazio- nali, come la Convenzione del Consiglio d’Europa sulla prevenzione e la lotta alla violenza contro le donne e alla violenza domestica, ove applicabile.
2. Incarica le strutture esecutive dell’OSCE, nell’ambito dei loro mandati, di:
promuovere lo scambio di migliori prassi riguardo la legislazione relativa alla lotta a tutte le forme di violenza contro le donne.
(B) Prevenzione
3. Incoraggia gli Stati partecipanti a:
rafforzare gli sforzi volti a raggiungere il pubblico attraverso campagne di informazione e sensi- bilizzazione, al fine di affrontare i negativi stereotipi, comportamenti e pregiudizi che contribui- scono a tutte le forme di violenza contro le donne;
adottare misure appropriate per accrescere il coinvolgimento e la partecipazione di uomini e ragazzi alla prevenzione e all’eliminazione di tutte le forme di violenza contro le donne, ivi inclusa la vio- lenza sessuale e domestica;
adottare misure di sensibilizzazione in merito al circolo vizioso della violenza che può emanare dalla violenza fisica, sessuale e psicologica subita in età infantile o adolescenziale;
sviluppare programmi indirizzati agli autori di violenze contro le donne durante e dopo la loro condanna, al fine di evitare casi di recidività;
fornire terapie, assistenza, corsi di formazione e altre misure al fine di prevenire ulteriori vittimiz- zazioni e traumi, anche nel corso dei procedimenti giudiziari.
4. Incarica le strutture esecutive dell’OSCE, nell’ambito dei loro mandati, di:
migliorare la cooperazione con i pertinenti attori delle organizzazioni internazionali e regionali negli sforzi per raccogliere dati e statistiche disaggregati sui sessi in merito al verificarsi di ogni forma di violenza contro le donne nell’area dell’OSCE;
assistere gli Stati partecipanti, su loro richiesta, nei loro sforzi volti a promuovere approcci com- prensivi, efficaci e comprovati per combattere tutte le forme di violenza contro le donne, incluse la violenza sessuale e domestica, e rispondere meglio ai bisogni delle vittime.
(C) Protezione
5. Incoraggia gli Stati partecipanti a:
assicurare che le vittime di tutte le forme di violenza contro le donne ricevano informazioni tem- pestive e adeguate sulle misure legali e i servizi di sostegno disponibili, come centri di crisi per
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le violenze sessuali, centri di accoglienza o altre strutture pertinenti, così come assistenza sanita- ria, e garantire che essi siano facilmente accessibili;
promuovere programmi e attività che conferiscano poteri e forniscano sostegno alle donne vit- time di violenza.
6. Incarica le strutture esecutive dell’OSCE, nell’ambito dei loro mandati, di:
assistere gli Stati partecipanti, su loro richiesta, per rafforzare le loro capacità di protezione delle vittime di tutte le forme di violenza contro le donne;
facilitare lo scambio fra gli Stati partecipanti di informazioni, esperienze e migliori prassi rela- tive alla protezione;
fornire assistenza tecnica agli Stati partecipanti che la richiedano, attraverso l’organizzazione di ser- vizi di sostegno, quali linee telefoniche di emergenza, centri di crisi etc.;
offrire agli Stati partecipanti corsi di formazione specializzata per pertinenti professionisti degli Stati partecipanti interessati che si occupano delle vittime o degli autori di qualsiasi forma di vio- lenza contro le donne, inclusa la violenza sessuale e domestica.
(D) Procedimenti giudiziari
7. Incoraggia gli Stati partecipanti a:
rafforzare gli sforzi volti a indagare, perseguire e punire gli autori di tutte le forme di violenza con- tro le donne e fornire alle vittime protezione e rimedi appropriati;
garantire lo sviluppo e l’attuazione efficace di legislazioni che perseguano penalmente la violenza contro le donne e che prevedano misure preventive e protettive, quali ordini di allontanamento e ordini di protezione di emergenza, laddove questi esistano, così come indagini, processi e pene appropriate per i colpevoli, anche al fine di porre fine all’impunità.
(E) Partenariati
8. Incoraggia gli Stati partecipanti a:
sviluppare politiche nazionali globali e coordinate volte a combattere tutte le forme di violenza sessuale contro le donne, che includano tutte le parti interessate, quali ad esempio le forze dell’or- dine e il settore giudiziario, i parlamenti, le istituzioni nazionali per i diritti umani, servizi sani- tari e sociali così come organizzazioni della società civile.
9. Incarica le strutture esecutive dell’OSCE, nell’ambito dei loro mandati, di:
migliorare la cooperazione con i pertinenti attori delle organizzazioni internazionali e regionali,
facilitare lo scambio di informazioni, esperienze e migliori prassi fra gli Stati partecipanti e fra tutti gli attori interessati nell’ambito della lotta a ogni forma di violenza contro le donne.
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Decisione N.8/14
Addendum al Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi
Il Consiglio dei ministri,
riaffermando tutti i pertinenti impegni dell’OSCE e in particolare il Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi (MC.DEC/14/04/Corr.1),
riconoscendo i progressi compiuti in attuazione del Piano di azione 2004 dell’OSCE per la promo- zione della parità fra i sessi dalla sua adozione,
riconoscendo la necessità di ulteriori miglioramenti nell’ambito di tale processo, come rilevato durante la Conferenza di riesame ad alto livello sulla parità tra i sessi tenutasi a Vienna nel luglio 2014, in relazione ai progressi e alle lacune nell’attuazione dei pertinenti impegni OSCE,
incarica gli Stati partecipanti:
di elaborare un Addendum alla Decisione N.14/04 del Consiglio dei ministri relativa al Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi, da presentare al Consiglio per- manente per la sua adozione nel 2015.
384 Documento della Ventiduesima riunione del Consiglio dei ministri Belgrado 2015
I. Dichiarazioni del Consiglio dei ministri
Dichiarazione ministeriale sulla prevenzione e il contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo
Noi, Ministri degli affari esteri degli Stati partecipanti dell’Organizzazione per la sicurezza e la cooperazione in Europa, ricordando i pertinenti documenti dell’OSCE adottati nel campo della lotta al terrorismo (…),
sottolineando la nostra ferma e incondizionata condanna del terrorismo e dell’estremismo vio- lento, nonché la nostra profonda solidarietà a tutte le vittime del terrorismo,
ribadendo l’impegno degli Stati partecipanti a lavorare insieme al fine di prevenire, reprimere, investigare e perseguire gli atti connessi al terrorismo, incluso il loro finanziamento, e ponendo l’accento sulla loro ferma determinazione a combattere il terrorismo in tutte le sue forme e mani- festazioni, come crimine che non ha giustificazioni, qualsiasi ne sia la motivazione o l’origine, e che il terrorismo e l’estremismo violento non possono e non devono essere associati ad alcuna razza, etnia, nazionalità o religione,
esprimendo particolare preoccupazione per il fatto che i giovani, inclusi i bambini, vengono coin- volti nella radicalizzazione al terrorismo e reclutati come combattenti terroristi stranieri, e rico- noscendo l’importanza di lavorare con i giovani per prevenire e contrastare la radicalizzazione dei giovani al terrorismo,
condannando fermamente le manifestazioni di intolleranza, ivi incluse quelle basate sulla religione o sul credo, ribadendo la volontà degli Stati partecipanti di promuovere la tolleranza e la non discri- minazione, il rispetto e la comprensione reciproci nelle proprie società, e riaffermando il nostro impegno a promuovere e proteggere i diritti umani e le libertà fondamentali, incluse la libertà di espressione e la libertà di pensiero, di coscienza, di religione o di credo,
esprimendo profonda preoccupazione per il fatto che alcuni crimini gravi perpetrati da terroristi o da gruppi terroristici, inclusi i combattenti terroristi stranieri, siano stati diretti contro persone e gruppi a causa della loro etnia, religione o credo, e riconoscendo il ruolo che la discriminazione e l’intolleranza possono svolgere nell’alimentare l’estremismo violento e la radicalizzazione che conducono al terrorismo, sottolineando l’impegno degli Stati partecipanti a adottare le misure necessarie a proteggere chiun- que rientri nella loro giurisdizione contro gli atti di terrorismo, e a intraprendere azioni risolute
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per contrastare il terrorismo e i combattenti terroristi stranieri, (…), a sostegno dei nostri impegni OSCE pertinenti e in ottemperanza alle disposizioni applicabili ai sensi del diritto internazionale, incluso il diritto internazionale in materia di diritti umani, il diritto internazionale sui rifugiati e il diritto internazionale umanitario,
condannando fermamente la distruzione di siti religiosi e del patrimonio culturale, ivi inclusa la distruzione mirata di siti dichiarati patrimonio dell’umanità dall’UNESCO, da parte di terro- risti, combattenti terroristi stranieri affiliati all’ISIL e altri gruppi terroristici,
riconoscendo il ruolo guida svolto dalle Nazioni Unite nell’ambito degli sforzi internazionali volti a prevenire e contrastare il terrorismo e l’estremismo violento, nonché l’impegno degli Stati par- tecipanti a dare piena attuazione alla Strategia globale delle Nazioni Unite contro il terrorismo,
guidati dalla nostra convinzione che la lotta al terrorismo e all’estremismo violento, confor- memente ai principi e agli impegni dell’OSCE, richiede sforzi globali e sostenuti nell’affrontare le manifestazioni di terrorismo nonché i diversi fattori sociali, economici, politici e di altro tipo che potrebbero creare le condizioni che favoriscono il reclutamento e l’ottenimento del sostegno da parte di organizzazioni terroristiche,
ribadendo l’impegno degli Stati partecipanti a scambiare idee e migliori prassi nazionali riguardo le loro strategie e misure per contrastare l’estremismo violento e la radicalizzazione che condu- cono al terrorismo, al fine di rafforzare la cooperazione pratica,
prendendo atto del fatto che la radicalizzazione al terrorismo e il reclutamento da parte dei terroristi possono avere luogo nelle prigioni, e affermando pertanto l’importanza di elaborare e scambiare, ove appropriato, linee guida internazionali sulla reintegrazione, la riabilitazione e la prevenzione della radicalizzazione al terrorismo nelle prigioni,
ponendo l’accento sul ruolo primario degli Stati partecipanti nel prevenire e contrastare il terrorismo e l’estremismo violento, rispettando al contempo i loro obblighi ai sensi del diritto internazionale,
ponendo l’accento sul ruolo importante che i giovani, le famiglie, le donne, le vittime del terro- rismo, i capi religiosi, i responsabili dei settori culturali e educativi, la società civile, così come i mezzi di informazione possono svolgere per contrastare la narrativa divulgata dall’estremismo violento che può istigare a compiere atti terroristici, e per far fronte alle condizioni che favoriscono la diffusione del terrorismo, in particolare promuovendo il rispetto e la comprensione reciproci, la riconciliazione e la coesistenza pacifica tra le culture, e promuovendo e proteggendo i diritti umani, le libertà fondamentali, i principi di democrazia e lo stato di diritto, (…)
invitiamo gli Stati partecipanti:
1. ad accrescere ulteriormente i loro sforzi volti a prevenire e contrastare l’estremismo violento e la radicalizzazione che conducono al terrorismo nei propri paesi, seguendo un approccio multidi- mensionale, e ad avvalersi a tale riguardo, ove appropriato e necessario, delle strutture esecutive dell’OSCE, incluse le operazioni sul terreno nell’ambito dei rispettivi mandati;
2. a rafforzare il loro impegno a contrastare e reprimere il finanziamento del terrorismo (…), e a sostegno degli impegni OSCE, sottolineando che qualsiasi fonte di entrate favorisce le operazioni di reclutamento e rafforza le capacità operative necessarie per organizzare e compiere atti terroristici;
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3. a adottare le misure necessarie e appropriate, conformemente ai loro obblighi ai sensi del diritto internazionale, e nel rispetto dei diritti umani e delle libertà fondamentali, al fine di vietare per legge l’istigazione a commettere atti di terrorismo e di prevenire tale condotta;
4. a cooperare per prevenire e contrastare l’estremismo violento e la radicalizzazione che condu- cono al terrorismo, attraverso, tra l’altro, il rafforzamento delle capacità, il coordinamento dei piani e degli sforzi e la condivisione delle lezioni apprese, anche al fine di eliminare la fornitura di armi ai terroristi, prevenire la radicalizzazione al terrorismo, il reclutamento e la mobilitazione di sin- goli individui come terroristi, ivi inclusi i combattenti terroristi stranieri;
5. a prendere in considerazione, come appropriato, l’elaborazione e l’aggiornamento delle stra- tegie antiterroristiche e dei piani d’azione nazionali, ivi incluse politiche e misure specifiche per prevenire e contrastare l’estremismo violento e la radicalizzazione che conducono al terrorismo, in applicazione degli impegni OSCE e conformemente ai loro obblighi ai sensi del diritto interna- zionale, incluse le norme sui diritti umani;
6. a promuovere un approccio onnicomprensivo a tutti i livelli per prevenire e contrastare l’estre- mismo violento e la radicalizzazione che conducono al terrorismo, ivi inclusi il coordinamento tra le autorità nazionali, la cooperazione tra gli Stati partecipanti e la cooperazione con le organizza- zioni internazionali e regionali pertinenti;
7. a promuovere la ricerca e lo scambio di informazioni sulle condizioni che favoriscono la diffu- sione dell’estremismo violento e della radicalizzazione che conducono al terrorismo, e sui modi per contrastarle;
8. a incoraggiare i leader politici e le figure pubbliche, ivi inclusi la società civile e i leader religiosi, a contribuire alla prevenzione e al contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo, condannando fermamente e prontamente l’estremismo violento e la radi- calizzazione che conducono al terrorismo;
9. a promuovere ulteriormente i partenariati pubblico-privati nell’ambito del contrasto al terrori- smo, come appropriato, tra le autorità pubbliche, il settore privato, la società civile, i membri o i rappresentanti di comunità religiose e i mezzi di informazione, in linea, tra l’altro, con la Deci- sione del Consiglio dei ministri N.10/08, al fine di contrastare l’istigazione al terrorismo e all’e- stremismo violento e alla radicalizzazione che conducono al terrorismo;
10. a migliorare la cooperazione internazionale e i partenariati pubblico-privati al fine di elabo- rare misure pratiche per contrastare l’utilizzo di Internet e altri mezzi allo scopo di istigare all’e- stremismo violento e alla radicalizzazione che conducono al terrorismo e di reclutare combattenti terroristi stranieri. Detta cooperazione internazionale e detti partenariati pubblico-privati potreb- bero promuovere iniziative di comunicazione, anche attraverso i social media, per contrastare messaggi di estremismo violento, rispettando al contempo pienamente il diritto alla libertà di opi- nione ed espressione;
11. a prendere in considerazione l’opportunità di sviluppare approcci alla prevenzione del terrori- smo e al contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo basati sulla polizia di prossimità, anche a livello locale, conformemente alla legislazione nazionale e al diritto internazionale;
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12. a incoraggiare un dialogo e una cooperazione aperti e trasparenti, interculturali, interconfes- sionali e interreligiosi, al fine di contribuire, tra l’altro, ad accrescere la tolleranza, il rispetto e la comprensione reciproci a livello locale, nazionale, regionale e internazionale;
13. a tenere conto della prospettiva di genere nei loro sforzi volti a contrastare il terrorismo e a pre- venire l’estremismo violento e la radicalizzazione che conducono al terrorismo, concentrandosi sull’emancipazione delle donne e sulla partecipazione delle donne nonché degli uomini a tali sforzi;
14. a coinvolgere e fornire maggior potere ai giovani al fine di prevenire e contrastare l’estremi- smo violento e la radicalizzazione che conducono al terrorismo, tra l’altro: (a) creando un clima favorevole e opportunità per la partecipazione e l’impegno volontario e libero dei giovani nella vita pubblica e nella promozione dei diritti umani, delle libertà fondamentali, dei principi di democrazia, dello stato di diritto, della tolleranza, della non discriminazione, del dia- logo, del rispetto e della comprensione reciproci, facilitandone altresì l’accesso ai servizi sociali; (b) sostenendo i giovani che desiderano contribuire a tali sforzi attraverso la formazione scolastica e presso gli istituti di educazione superiore; (c) sostenendo iniziative di sensibilizzazione condotte dai giovani e incentrate sui giovani, anche su Internet e i social media, atte a prevenire e contrastare la loro radicalizzazione al terrorismo e a promuovere il rispetto per i diritti umani, le libertà fondamentali, la tolleranza e la non discri- minazione; (d) promuovendo programmi che facilitino l’accesso dei giovani all’occupazione;
15. a prendere in considerazione l’opportunità di sostenere le attività dell’OSCE in tutte e tre le dimensioni della sicurezza, anche attraverso contributi finanziari volontari, che concorrono agli sforzi globali di prevenzione e contrasto dell’estremismo violento e della radicalizzazione che con- ducono al terrorismo, riconoscendo al contempo il ruolo guida delle Nazioni Unite;
16. a invitare i Partner per la cooperazione dell’OSCE a impegnarsi attivamente con noi per raf- forzare il nostro dialogo e la nostra cooperazione nella prevenzione e nel contrasto dell’estremi- smo violento e della radicalizzazione che conducono al terrorismo, rispettando e proteggendo i diritti umani e le libertà fondamentali in tale contesto, prevenendo e contrastando le manife- stazioni di intolleranza e discriminazione, incluse quelle basate sulla religione o sul credo, sulla xenofobia, sulla violenza, promuovendo altresì il dialogo interconfessionale, interreligioso e inter- culturale, prendendo atto della Dichiarazione dei giovani adottata ad Amman sui giovani, la pace e la sicurezza del 22 agosto 2015, e a incoraggiare i Partner per la cooperazione a continuare ad avvalersi al meglio dei principi, delle norme e degli impegni dell’OSCE, così come dei suoi stru- menti pertinenti;
17. incoraggiamo i parlamentari a continuare il dialogo al fine di rafforzare la legislazione che è essenziale per combattere il terrorismo, promuovendo la solidarietà con le vittime di terrorismo, e li incoraggiamo a condannare fermamente e prontamente l’intolleranza, la discriminazione, il ter- rorismo, l’estremismo violento e la radicalizzazione che conducono al terrorismo;
esortiamo le pertinenti strutture esecutive dell’OSCE, nell’ambito dei rispettivi mandati e delle risorse disponibili:
18. a continuare a sostenere gli Stati partecipanti, su richiesta, nel prevenire e contrastare l’estre- mismo violento e la radicalizzazione che conducono al terrorismo, seguendo un approccio multi- dimensionale, anche in relazione ai giovani, come appropriato;
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19. a facilitare lo scambio di esperienze pratiche e buone prassi, e, su richiesta, fornire assistenza come appropriato, tra l’altro, al fine di: (a) promuovere la ricerca e lo scambio di informazioni sulle condizioni che favoriscono l’estremi- smo violento e la radicalizzazione che conducono al terrorismo e sulle modalità per contrastarle; (b) elaborare, come appropriato, strategie antiterroristiche e piani d’azione nazionali, incluse poli- tiche e misure volte a contrastare l’estremismo violento e la radicalizzazione che conducono al ter- rorismo; (c) integrare una prospettiva di genere nell’ambito della prevenzione e del contrasto dell’estremi- smo violento e della radicalizzazione che conducono al terrorismo, concentrandosi in particolare sull’emancipazione femminile e sulla partecipazione delle donne nonché degli uomini a tali sforzi; (d) assistere gli Stati partecipanti nello sviluppo di attività pratiche, in partenariato con la società civile e con il settore privato, come appropriato, e sostenere l’elaborazione di politiche, approcci e strategie per prevenire e contrastare l’estremismo violento e la radicalizzazione che conducono al terrorismo; (e) promuovere lo scambio di migliori prassi, come appropriato, ed esaminare la possibilità di ela- borare linee guide internazionali sulla riabilitazione, reintegrazione e prevenzione della radica- lizzazione nelle prigioni; (f) attuare approcci alla prevenzione del terrorismo e al contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo basati sulla polizia di prossimità; (g) promuovere la cooperazione tra esperti dei governi, della società civile, del mondo accademico, dei mezzi di informazione e del settore privato per prevenire e contrastare l’estremismo violento e la radicalizzazione che conducono al terrorismo; (h) rafforzare il ruolo della società civile, delle donne, dei giovani e dei leader religiosi nella preven- zione e nel contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo; (i) promuovere e proteggere i diritti umani e le libertà fondamentali, così come lo stato di diritto, nell’ambito delle misure per prevenire il terrorismo e contrastare l’estremismo violento e la radi- calizzazione che conducono al terrorismo; (j) affrontare i fattori socioeconomici negativi nel contesto della prevenzione del terrorismo e del contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo; (k) incoraggiare iniziative educative e altre misure che promuovano la tolleranza e la non discri- minazione e la non violenza, che sensibilizzino l’opinione pubblica e contrastino gli stereotipi xenofobi, l’intolleranza e la discriminazione, nell’ambito degli sforzi volti a prevenire e contra- stare l’estremismo violento e la radicalizzazione che conducono al terrorismo; (l) riconoscere il ruolo che i mezzi di informazione svolgono nel favorire il dibattito pluralistico e incoraggiare la professionalità e l’autoregolamentazione volontaria dei mezzi di informazione, al fine di promuovere la tolleranza per la diversità etnica, religiosa, linguistica e culturale, e preve- nire e contrastare l’estremismo violento e la radicalizzazione che conducono al terrorismo, rispet- tando l’indipendenza e la libertà dei mezzi di informazione;
20. a cooperare con le Nazioni Unite e altre organizzazioni e iniziative internazionali e regionali pertinenti, al fine di evitare la duplicazione degli sforzi e massimizzare le sinergie per prevenire e contrastare l’estremismo violento e la radicalizzazione che conducono al terrorismo;
21. a sostenere i Partner per la cooperazione conformemente ai bisogni e alle priorità da loro indi- viduate, come sancito nella Decisione del Consiglio dei ministri N.5/11 sui Partner per la coope- razione, e in linea con le procedure stabilite e ove richiesto;
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(…)
Dichiarazione ministeriale sui giovani e la sicurezza
Noi, membri del Consiglio dei ministri dell’Organizzazione per la sicurezza e la cooperazione in Europa, ricordiamo gli impegni OSCE relativi ai giovani, basati su pertinenti disposizioni dell’Atto finale di Helsinki.
Prendiamo atto degli sforzi compiuti dall’attuale Presidenza d ell’OSCE e da quelle precedenti e sot- tolineiamo l’importanza di promuovere l’attuazione degli impegni OSCE sui giovani, particolar- mente nel campo dell’educazione e sul ruolo che i giovani possono svolgere nel sostenere gli Stati partecipanti nell’attuazione degli impegni OSCE in tutte le tre dimensioni dell’OSCE.
Riconosciamo che i giovani e i bambini richiedono un’attenzione particolare e che le loro esigenze, le loro preoccupazioni e i loro interessi dovrebbero essere trattati in modo globale.
Dichiarazione ministeriale sul potenziamento degli sforzi volti a contrastare il terrorismo a seguito dei recenti attentati terroristici
Noi, Ministri degli affari esteri degli Stati partecipanti dell’Organizzazione per la sicurezza e la cooperazione in Europa, siamo inorriditi dai mortali attentati terroristici contro civili avvenuti in tutta l’area dell’OSCE e nei paesi limitrofi nel 2015; esprimiamo il nostro sentito cordoglio alle famiglie delle vittime, ai popoli e ai governi colpiti dagli attacchi, e auguriamo pronta guarigione a coloro che sono rimasti feriti.
Condanniamo senza riserve e con la massima fermezza tutti gli attentati terroristici, inclusi l’uc- cisione indiscriminata di civili e i deliberati attacchi contro individui e comunità, perpetrati tra l’altro sulla base della loro religione o del loro credo, in particolare dallo Stato Islamico in Iraq e nel Levante, noto anche come DAESH (ISIL/DAESH), dal Fronte Al-Nusrah (ANF) e da tutti gli altri soggetti, gruppi, iniziative ed entità associate con Al-Qaeda, che rappresentano una minac- cia globale e senza precedenti per la pace e la sicurezza internazionale.
Riaffermiamo che il terrorismo, in tutte le sue forme e manifestazioni, costituisce una delle più gravi minacce alla pace e alla sicurezza internazionali e che qualunque atto di terrorismo è un atto criminale e ingiustificabile, a prescindere dalla sua motivazione, ovunque e da chiunque sia com- messo, e che il terrorismo non può e non deve essere associato ad alcuna razza, religione, nazio- nalità o civiltà. Siamo impegnati a potenziare i nostri sforzi volti ad affrontare la minaccia del terrorismo, com- presa la minaccia dei combattenti terroristi stranieri, (…). (…)
Riaffermiamo il nostro impegno a rimanere uniti nella lotta al terrorismo e a operare insieme per prevenire e reprimere gli atti terroristici, nonché a contrastare le condizioni che ne favoriscono la diffusione, attraverso una maggiore solidarietà e cooperazione internazionale, nel pieno ricono- scimento del ruolo centrale delle Nazioni Unite e in conformità con la Carta delle Nazioni Unite e altri obblighi derivanti dal diritto internazionale applicabile, in particolare il diritto internazio- nale in materia di diritti umani, il diritto internazionale dei rifugiati e il diritto umanitario inter- nazionale, nonché attraverso la piena attuazione delle risoluzioni del Consiglio di sicurezza delle Nazioni Unite e della Strategia globale delle Nazioni Unite contro il terrorismo.
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Sottolineiamo che il rispetto dei diritti umani, le libertà fondamentali e lo stato di diritto sono com- plementari e sinergici a efficaci misure di lotta al terrorismo e che sono parte essenziale di un effi- cace sforzo contro il terrorismo, e rileviamo l’importanza del rispetto dello stato di diritto al fine di poter prevenire e combattere efficacemente il terrorismo.
Ribadiamo la nostra determinazione e il nostro impegno a cooperare pienamente nelle attività di prevenzione e lotta al terrorismo in linea con i nostri obblighi derivanti dal diritto internazio- nale al fine di individuare, negare rifugio e assicurare alla giustizia, sulla base del principio “estra- dare o perseguire”, chiunque sostenga, faciliti, partecipi o tenti di partecipare al finanziamento, alla pianificazione, alla preparazione o all’esecuzione di atti terroristici o offra rifugio agli esecutori.
Sottolineiamo che il terrorismo può essere sconfitto solo con un approccio determinato e globale che coinvolga la partecipazione attiva e la collaborazione di tutti gli Stati partecipanti e di perti- nenti organizzazioni internazionali e regionali, nonché, ove appropriato, della società civile, per impedire, indebolire, isolare e neutralizzare la minaccia terroristica. (…)
Siamo convinti che la lotta al terrorismo, nel rispetto dei principi e degli impegni dell’OSCE, richieda sforzi globali e sostenuti per affrontare le manifestazioni del terrorismo, nonché i diversi fattori sociali, economici, politici e di altro tipo che potrebbero creare le condizioni che consen- tono alle organizzazioni terroristiche di reclutare adepti e di acquisire sostegno, pur riconoscendo che nessuna condizione può scusare o giustificare atti di terrorismo.
Riaffermiamo la ferma determinazione degli Stati partecipanti a tutelare i principi fondamentali su cui si basa l ’OSCE, ad attuare tutti gli impegni d ell’OSCE, in particolare quelli relativi alla preven- zione e alla lotta al terrorismo, incluso il fenomeno dei combattenti terroristi stranieri, a contra- stare l’estremismo violento e la radicalizzazione che conducano al terrorismo, a rispettare i diritti umani e lo stato di diritto e a promuovere la tolleranza e la non discriminazione, il rispetto e la comprensione reciproci nelle nostre società.
391 Documento della Ventitreesima riunione del Consiglio dei ministri Amburgo 2016
I. Dichiarazioni del Consiglio dei ministri
Dichiarazione sul rafforzamento degli sforzi dell’OSCE volti a prevenire e a contrastare il terrorismo
1. Noi, Ministri degli affari esteri degli Stati partecipanti dell’Organizzazione per la sicurezza e la cooperazione in Europa, condanniamo nei termini più assoluti tutti gli attentati terroristici compiuti nell’intera area dell’OSCE, nelle regioni limitrofe e in tutto il mondo, in particolare nel 2016. Riaffermiamo la nostra solidarietà alle vittime del terrorismo e sottolineiamo la necessità di promuovere la solidarietà internazionale a loro sostegno e di garantire che esse siano trattate con dignità e rispetto. Esprimiamo il nostro più profondo cordoglio alle famiglie delle vittime e ai popoli e ai governi che sono stati colpiti.
2. Condanniamo senza riserve ed esprimiamo il nostro sdegno per l’uccisione indiscriminata e deli- berata di civili, per le numerose atrocità e per le persecuzioni contro individui e comunità perpe- trate tra l’altro sulla base della loro religione o del loro credo da organizzazioni terroristiche, in particolare dal cosiddetto Stato Islamico in Iraq e nel Levante, noto anche come DAESH (ISIL/ DAESH), Al-Qaeda, ANF/Jabhat Fatah al-Sham, e da soggetti, gruppi, iniziative ed entità associati.
3. Riaffermiamo che il terrorismo, in tutte le sue forme e manifestazioni, costituisce una delle più gravi minacce alla pace e alla sicurezza internazionali e che qualunque atto di terrorismo è un atto criminale e ingiustificabile, a prescindere dalla sua motivazione, e che il terrorismo non può e non deve essere associato ad alcuna razza, religione, nazionalità o civiltà.
4. Sottolineiamo il ruolo centrale delle Nazioni Unite nel prevenire e combattere il terrorismo e riaffermiamo con forza il nostro impegno a adottare le misure necessarie a proteggere chiunque rientri nella nostra giurisdizione da atti di terrorismo e la necessità di intraprendere ogni inizia- tiva nel rispetto della Carta delle Nazioni Unite e di tutti gli obblighi derivanti dal diritto inter- nazionale applicabile, in particolare il diritto internazionale in materia di diritti umani, il diritto internazionale dei rifugiati e il diritto umanitario internazionale, nonché delle pertinenti risolu- zioni del Consiglio di sicurezza delle Nazioni Unite. Conformemente a tali documenti, sottoline- iamo l’importanza dei nostri impegni ai sensi della Strategia globale delle Nazioni Unite contro il terrorismo. Prendiamo inoltre atto dei pertinenti documenti sulle buone prassi adottati dal Foro mondiale contro il terrorismo. 5. Richiamiamo tutti i pertinenti documenti OSCE adottati nel quadro della prevenzione e della lotta contro il terrorismo sotto le Presidenze precedenti. (…)
6. Sottolineiamo il ruolo primario degli Stati partecipanti nel prevenire e contrastare il terrori- smo nonché l’estremismo violento e la radicalizzazione che conducono al terrorismo (VERLT), pur
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nel rispetto dei loro obblighi ai sensi del diritto internazionale, con particolare riguardo ai diritti umani e alle libertà fondamentali. Riaffermiamo con forza la nostra determinazione e il nostro impegno a rimanere uniti nel prevenire e combattere il terrorismo attraverso una maggiore solida- rietà e cooperazione internazionale e un approccio determinato e globale a tutti i livelli pertinenti, che coinvolga la partecipazione attiva e la collaborazione di tutti gli Stati partecipanti e delle per- tinenti organizzazioni internazionali e regionali. Riconosciamo che gli Stati partecipanti dovreb- bero adottare misure coerenti con i loro impegni OSCE e, pur mantenendo la titolarità nazionale, affrontare le condizioni che favoriscono la diffusione del terrorismo, riconoscendo al contempo che nessuna condizione può legittimare o giustificare atti di terrorismo. In questo contesto, rico- nosciamo la necessità di affrontare la minaccia posta dalle narrative utilizzate dai terroristi, tra cui la giustificazione pubblica del terrorismo, l’incitamento e il reclutamento, e sollecitiamo gli Stati partecipanti ad agire in modo cooperativo al fine di elaborare le più efficaci risposte a tale minaccia, nel rispetto del diritto internazionale, incluso il diritto internazionale in materia di diritti umani. (…)
8. Ribadiamo che coloro che partecipano al finanziamento, alla pianificazione, alla facilitazione, alla preparazione o all’attuazione di atti terroristici devono rispondere di tali atti ed essere assi- curati alla giustizia sulla base del principio “estradare o perseguire”, conformemente agli obbli- ghi previsti dal diritto internazionale nonché dalle legislazioni nazionali applicabili. Ribadiamo la nostra determinazione e il nostro impegno a cooperare pienamente nelle attività di prevenzione e lotta al terrorismo, nel rispetto dei diritti umani e delle libertà fondamentali e in conformità con gli obblighi previsti dal diritto internazionale. Esortiamo gli Stati a cooperare negli sforzi per far fronte alla minaccia posta dai terroristi, ivi inclusi i combattenti terroristi stranieri e rimpatriati, tra l’altro sviluppando e attuando, dopo l’azione penale, strategie di riabilitazione e reinserimento.
9. Poniamo l’accento sull’importanza cruciale di condividere le informazioni, soprattutto per quanto riguarda i combattenti terroristi stranieri, i documenti di viaggio rubati e smarriti, le armi e i beni culturali saccheggiati o rubati come gli oggetti antichi, e incoraggiamo tutti gli Stati ad avvalersi pienamente dei meccanismi multilaterali e bilaterali e dei sistemi di scambio di dati disponibili.
10. Sottolineiamo l’importanza della cooperazione tra gli Stati partecipanti dell’OSCE, anche con il coinvolgimento, ove appropriato, della società civile, al fine di prevenire e combattere il terrori- smo. Sottolineiamo inoltre l’importante ruolo che la società civile, in particolare i giovani, le fami- glie, le donne, le vittime del terrorismo, i leader religiosi e i rappresentanti del mondo culturale e dell’istruzione, così come i mezzi d’informazione e il settore privato, può svolgere nel prevenire l’estremismo violento e la radicalizzazione che conducono al terrorismo (VERLT), tra l’altro, con- trastando i messaggi dei terroristi e dell’estremismo violento e offrendo alternative a tali narrative, anche su Internet, sui social media e sui mezzi d’informazione. Incoraggiamo i rappresentanti poli- tici e pubblici, tra cui la società civile e i leader religiosi a condannare fermamente e prontamente l’estremismo violento e la radicalizzazione che conducono al terrorismo; (…)
12. Accogliamo con favore le attività svolte dalle strutture esecutive dell’OSCE, incluse le istitu- zioni dell’OSCE, nell’ambito dei mandati esistenti e delle risorse disponibili, a sostegno dell’at- tuazione degli impegni OSCE nel campo della prevenzione e del contrasto del terrorismo, in linea con l’approccio globale dell’OSCE alla sicurezza.
13. Invitiamo i Partner OSCE per la cooperazione a unirsi a noi nel sostenere questa dichiarazione.
393 Amburgo 2016
II. Decisioni del Consiglio dei ministri
Decisione N.3/16
Ruolo dell’OSCE nella gestione dei grandi movimenti di migranti e di rifugiati
Il Consiglio dei ministri,
riconoscendo che i benefici e le opportunità di una migrazione sicura, ordinata e regolare sono considerevoli e spesso sottostimati, rilevando al contempo che la migrazione irregolare su vasta scala presenta spesso sfide complesse, e riconoscendo il sostanziale contributo economico e sociale che i migranti e i rifugiati possono apportare a una crescita inclusiva e a uno sviluppo sostenibile,
riconoscendo il ruolo guida delle Nazioni Unite,
elogiando gli sforzi compiuti sin dal 2015 dalle Presidenze serba e tedesca dell’OSCE per affron- tare con più efficacia le questioni relative a una gestione di tali movimenti nel quadro dell’OSCE,
prendendo atto delle numerose attività specifiche connesse alla migrazione e ai rifugiati già intra- prese dalle strutture esecutive dell’OSCE, nell’ambito dei mandati esistenti, nonché dagli Stati partecipanti, basate sugli impegni OSCE esistenti, su documenti delle Nazioni Unite e su politi- che nazionali, basandosi sui dibattiti approfonditi svoltisi in seno all’OSCE, (…),
2. incoraggia le strutture esecutive dell’OSCE, nell’ambito dei mandati esistenti e delle risorse disponibili, a continuare il loro lavoro sulla questione della migrazione, anche attraverso il poten- ziamento delle attività che prevedono lo scambio di migliori pratiche e rafforzando il dialogo e la cooperazione con i Partner per la cooperazione in modo da integrare le attività intraprese da altre organizzazioni internazionali e agenzie pertinenti;
3. incoraggia gli Stati partecipanti ad avvalersi anche della piattaforma dell’OSCE, così come di altri organi di lavoro pertinenti dell’OSCE, al fine di continuare ad affrontare le questioni con- nesse alla migrazione nel cui ambito l’OSCE ha sviluppato competenze, e a migliorare il dialogo su questioni connesse alla migrazione relativamente all’elaborazione di possibili misure efficaci e approcci comuni per farvi fronte.
Decisione N.4/16
Rafforzamento del buongoverno e promozione della connettività
Il Consiglio dei ministri,
riaffermando la pertinenza e il nostro pieno rispetto di tutte le norme, i principi e gli impegni OSCE relativi alla nostra cooperazione nella dimensione economica e ambientale e tenendo conto dell’approccio globale alla sicurezza dell’OSCE, riaffermando gli impegni dell’OSCE in materia di lotta alla corruzione, (…), (…)
394 Amburgo 2016
riconoscendo che il buongoverno, la trasparenza e la responsabilità sono requisiti essenziali per la crescita economica, il commercio, gli investimenti e lo sviluppo sostenibile, contribuendo in tal modo alla stabilità, alla sicurezza e al rispetto dei diritti umani nell’area dell’OSCE,
riconoscendo che la corruzione e l’assenza di buongoverno costituiscono potenziali fonti di ten- sione che minano la stabilità e la sicurezza degli Stati partecipanti,
prendendo atto che il buongoverno, lo stato di diritto, la prevenzione e la lotta alla corruzione, al riciclaggio di denaro e al finanziamento del terrorismo, nonché un solido quadro normativo, compresa una adeguata tutela di quanti denunciano attività illecite (whistle-blower), un settore pubblico integerrimo, aperto, trasparente e responsabile e un governo d’impresa imperniato su una gestione efficiente, su procedure appropriate di auditing, sulla responsabilità e l’adesione e il rispetto delle leggi, delle norme e delle disposizioni vigenti, un’etica aziendale e codici di condotta frutto di una stretta consultazione con il mondo dell’imprenditoria e la società civile, sono elementi fon- damentali per la promozione di un clima imprenditoriale e di investimenti positivo nell’area OSCE,
accogliendo con favore il fatto che quasi tutti gli Stati partecipanti hanno ratificato o aderito alla Convenzione delle Nazioni Unite contro la corruzione (UNCAC) e si adoperano a favore della attuazione degli impegni da essa derivanti, (…)
affermando che una gestione trasparente delle risorse pubbliche da parte di istituzioni forti e ben funzionanti, un servizio pubblico professionale ed efficace, così come solide procedure di bilan- cio e di aggiudicazione degli appalti pubblici sono componenti fondamentali del buongoverno,
riconoscendo l’importanza di una partecipazione attiva del settore privato, comprese le piccole e medie imprese, della società civile e dei mezzi di informazione nel prevenire e contrastare la cor- ruzione nonché nel promuovere un clima sano per l’imprenditoria e gli investimenti,
riconoscendo che i processi e gli accordi di integrazione regionale e sub-regionale possono impri- mere uno slancio considerevole allo sviluppo commerciale ed economico nell’area dell’OSCE e nei suoi Stati partecipanti, (…)
riaffermando che la nostra cooperazione economica dovrebbe poggiare sulla solidarietà, sulla tra- sparenza, su partenariati equi e non discriminatori, sulla reciproca responsabilità e sul pieno rispetto degli interessi degli Stati partecipanti dell’OSCE nonché, se del caso, sulla riduzione al minimo, in linea con i nostri obblighi internazionali, delle conseguenze negative che azioni economiche potrebbero avere sugli altri Stati partecipanti, (…)
riconoscendo l’importanza della piena adesione da parte del settore pubblico e privato alle norme sociali, ambientali e del lavoro e il loro contributo al buongoverno e allo sviluppo sostenibile, (…)
riaffermando gli impegni assunti in seno a ll’OSCE in materia di buongoverno, rimarcando la nostra determinazione a contrastare la tratta di esseri umani in tutte le sue forme e riconoscendo il ruolo che la trasparenza e la responsabilità nelle procedure di aggiudicazione degli appalti pubblici pos- sono svolgere ai fini della prevenzione e della lotta alla tratta di esseri umani e allo sfruttamento di manodopera,
395 Amburgo 2016
Rafforzamento del buongoverno, promozione della trasparenza e miglioramento del clima eco- nomico
1. Incoraggia gli Stati partecipanti a aderire, ratificare e attuare la Convenzione delle Nazioni Unite contro la corruzione (UNCAC) e a scambiare informazioni e migliori prassi sul secondo ciclo di rie- same dell’UNCAC, come stabilito dalla Convenzione stessa; 2. incoraggia gli Stati partecipanti, ove appropriato, ad attuare e ad aderire ad altre pertinenti norme internazionali (…), e a concorrere a intensificare il coinvolgimento di tutte le parti interes- sate pertinenti, inclusa la società civile e la comunità imprenditoriale nella loro attuazione (…);
3. incoraggia gli Stati partecipanti a promuovere lo scambio di migliori prassi tra tutte le perti- nenti parti di interessate che concorrono al buongoverno della cosa pubblica e del mondo dell’im- prenditoria, alla promozione della trasparenza e alla prevenzione e alla lotta alla corruzione anche nella sfera ambientale;
4. esorta gli Stati partecipanti a promuovere ulteriormente l’integrità, la responsabilità e l’efficienza nelle procedure di aggiudicazione degli appalti pubblici, anche assicurando che le decisioni dei per- tinenti settori di governo non vengano indebitamente influenzate da interessi privati e garantendo appropriati requisiti di trasparenza per le aziende che partecipano alle gare d’appalto;
5. sollecita gli Stati partecipanti ad agevolare un adeguato accesso alle informazioni degli organi- smi di governo accrescendo la responsabilità del settore pubblico e stimolando la partecipazione dei cittadini attraverso l’e-governance;
6. incarica le pertinenti strutture esecutive d ell’OSCE, incluse le sue operazioni sul terreno, nell’am- bito dei rispettivi mandati e delle risorse disponibili, di contribuire a incentivare la cooperazione tra gli Stati partecipanti, il settore privato e la società civile e di coinvolgere attivamente il settore privato e la società civile nelle loro attività di rafforzamento del buongoverno, di promozione della trasparenza e di miglioramento del clima economico e degli investimenti; (…)
Rafforzamento del buongoverno attraverso l’adesione alle norme sociali, ambientali e del lavoro
15. Incoraggia gli Stati partecipanti a favorire trasporti e scambi commerciali in condizioni di sicu- rezza prevenendo al contempo i traffici illeciti conformemente alle disposizioni del diritto interna- zionale e degli accordi sottoscritti dall’OSCE, nonché a intensificare gli sforzi volti a superare sfide come lo sfruttamento della manodopera e luoghi di lavoro scarsamente ispezionati e regolamentati;
16. invita gli Stati partecipanti ad adoperarsi per una migliore attuazione delle norme sociali, ambientali e del lavoro internazionalmente riconosciute delle Nazioni Unite, dell’OIL e, ove appro- priato, dell’OCSE;
17. sprona gli Stati partecipanti a promuovere, in cooperazione con il settore privato, modelli di produzione e di consumo sostenibile basati sulle norme sociali, ambientali e del lavoro inter- nazionalmente riconosciute;
18. incarica le pertinenti strutture esecutive dell’OSCE, incluse le sue operazioni sul terreno, nell’ambito dei rispettivi mandati e delle risorse disponibili, ad assistere gli Stati partecipanti nello scambio di migliori prassi per accrescere la consapevolezza dell’importanza delle norme sociali,
396 Amburgo 2016
ambientali e del lavoro internazionalmente riconosciute, rafforzare il buongoverno e promuovere la trasparenza nelle procedure di aggiudicazione degli appalti pubblici;
Rafforzamento dei partenariati pubblico-privati per contrastare la corruzione, il riciclaggio di denaro e il finanziamento del terrorismo
19. Incoraggia gli Stati partecipanti a facilitare la cooperazione tra le forze dell’ordine, la magi- stratura, le unità di intelligence finanziaria e altri pertinenti attori, nonché tra il settore pubblico e privato e la società civile, inclusi i mezzi di informazione, per contrastare la corruzione, il rici- claggio di denaro e altri reati finanziari;
20. incarica le pertinenti strutture esecutive dell’OSCE, incluse le sue operazioni sul terreno, nell’ambito dei rispettivi mandati e delle risorse disponibili, a promuovere il dialogo e la coope- razione tra i governi, il settore privato e la società civile al fine di sostenere gli sforzi a favore del buongoverno, ivi inclusa la lotta contro la corruzione, il riciclaggio di denaro e il finanziamento del terrorismo e di affrontare gli ostacoli posti alla crescita economica e allo sviluppo sostenibile;
21. incoraggiare i Partner per la cooperazione ad attuare volontariamente le disposizioni della presente decisione.
Decisione N.5/16
Iniziative dell’OSCE relative alla riduzione dei rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione Il Consiglio dei ministri (…),
ribadendo che le iniziative degli Stati partecipanti dell’OSCE volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione saranno conformi al diritto internazionale, ivi incluse tra l’altro la Carta delle Nazioni Unite e la Convenzione internazionale sui diritti civili e politici, nonché all’Atto finale di Helsinki, e alle loro responsabilità di rispettare i diritti umani e le libertà fondamentali,
accogliendo con favore la risoluzione A/RES/70/237 dell’Assemblea generale delle Nazioni Unite e sottolineando l’importanza che i rapporti del 2010, 2013 e 2015 del Gruppo di esperti governativi delle Nazioni Unite sugli sviluppi nel campo dell’informazione e delle telecomunicazioni nel con- testo della sicurezza internazionale rappresenta per le iniziative dell’OSCE volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione,
sottolineando l’importanza delle misure di rafforzamento della fiducia d ell’OSCE per ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione a integrazione degli sforzi a livello globale, regionale e sub-regionale in questo campo,
sottolineando l’importanza della comunicazione a tutti i livelli di autorità al fine di ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione, (…)
1. approva l’adozione della Decisione del Consiglio permanente N.1202 del 10 marzo 2016 sulle misure OSCE per il rafforzamento della fiducia volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione;
397 Amburgo 2016
2. sottolinea l’importanza di dare attuazione alle esistenti misure OSCE di rafforzamento della fiducia volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comu- nicazione e di elaborare ulteriori misure di rafforzamento della fiducia (…);
3. accoglie con favore le attività svolte dagli Stati partecipanti per dare attuazione alle esistenti misure OSCE di rafforzamento della fiducia volte a ridurre i rischi di conflitto derivanti dall’uso di tecno- logie informatiche e di comunicazione e rileva a tale riguardo l’importanza di aggiornare con con- tinuità i punti di contatto nazionali al fine di agevolare la pertinente comunicazione e il dialogo;
4. incoraggia tutti gli Stati partecipanti a contribuire all’attuazione delle misure OSCE di raffor- zamento della fiducia volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie informa- tiche e di comunicazione;
5. riconosce l’importanza di un efficace scambio di informazioni tra gli Stati partecipanti rela- tivo alle misure OSCE di rafforzamento della fiducia volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione e, tra l’altro, di assicurare comunicazioni rapide al livello di autorità tecnico e politico e di elaborare procedure per tenere consultazioni al fine di ridurre i rischi di malintesi e dell’eventuale emergere di tensioni politiche o militari o di un conflitto che possa derivare dall’uso di tecnologie informatiche e di comunicazione;
6. si propone di esaminare, nell’ambito del gruppo di lavoro informale transdimensionale istituito ai sensi della Decisione del Consiglio permanente N.1039 sotto gli auspici del Comitato per la sicu- rezza, modalità per rafforzare il lavoro dell’OSCE come piattaforma pratica di attuazione costrut- tiva ed efficiente e per un eventuale sviluppo di ulteriori misure di rafforzamento della fiducia volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione;
7. invita gli Stati partecipanti a presentare a tal fine proposte concrete entro il 30 giugno 2017;
8. incoraggia le pertinenti strutture esecutive dell’OSCE ad assistere gli Stati partecipanti, su loro richiesta, nell’attuazione delle misure OSCE di rafforzamento della fiducia volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione e a potenziare le per- tinenti capacità e processi nazionali, nei limiti delle risorse disponibili; (…)
10. sottolinea che le ulteriori attività d ell’OSCE volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione, incluse quelle delle pertinenti strutture esecutive dell’OSCE, dovrebbero basarsi sulle iniziative OSCE esistenti, essere in linea con i rispettivi man- dati e con gli impegni OSCE, integrare le iniziative delle Nazioni Unite, di organizzazioni inter- nazionali e di altri consessi regionali, ed essere organizzate nei limiti delle risorse disponibili;
11. invita i Partner OSCE per la cooperazione a rafforzare il dialogo sulle iniziative volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione.
Decisione N.6/16
Potenziamento dell’uso delle informazioni anticipate sui passeggeri
Noi, Ministri degli affari esteri degli Stati partecipanti dell’Organizzazione per la sicurezza e la cooperazione in Europa,
398 Amburgo 2016
ribadendo la necessità di combattere il terrorismo, che costituisce una delle più gravi minacce per la pace e la sicurezza internazionali, (…) (…)
ribadendo la Dichiarazione ministeriale sul ruolo dell’OSCE nel contrasto al fenomeno dei com- battenti terroristi stranieri (…), che impegna gli Stati partecipanti dell’OSCE a impedire gli spo- stamenti di combattenti terroristi stranieri grazie a efficaci controlli alle frontiere e controlli sul rilascio di documenti di identità e documenti di viaggio, a scambiare informazioni in tal senso e ad attuare le decisioni del Consiglio dei ministri N.7/03, 4/04, 6/06 e 11/09 sulla sicurezza dei documenti di viaggio nel pieno rispetto degli obblighi ai sensi del diritto internazionale, con par- ticolare riguardo al diritto internazionale in materia di diritti umani e al diritto internazionale dei rifugiati, anche per garantire che coloro che commettono, organizzano o facilitano atti di ter- rorismo non abusino dello status di rifugiato, dichiarando la nostra intenzione di individuare e prevenire lo spostamento di combattenti terro- risti stranieri (…),
decidiamo che gli Stati partecipanti dell’OSCE si impegnino a:
1. istituire sistemi di informazioni anticipate sui passeggeri (API) (…) in modo efficace dati sui passeggeri e/o l’equipaggio di compagnie aeree operanti sul loro territorio; 2. considerare la creazione a livello nazionale di un sistema interattivo per lo scambio di dati API (iAPI) al fine di prevenire gli spostamenti di combattenti terroristi stranieri (…); 3. (…) riconoscendo che spetta agli Stati assicurare l’attuazione di adeguate misure di sicurezza agli aeroporti;
4. collaborare con tutte le pertinenti parti interessate nazionali nell’attuazione dei sistemi API a livello nazionale e considerare l’istituzione di un’autorità competente a ricevere, a nome di tutte le altre autorità, tutti i dati relativi ai passeggeri, nei diversi formati, attraverso uno sportello unico di raccolta dei dati;
5. accrescere il valore aggiunto dei dati API cercando di stabilire un controllo incrociato automa- tizzato di tali dati con le pertinenti liste di controllo delle autorità nazionali, regionali e interna- zionali, con particolare riguardo alle banche dati dell’INTERPOL e dell’elenco ONU delle parti soggette a sanzioni;
6. fornire assistenza finalizzata alla creazione di un sistema API da parte di Stati partecipanti che la richiedano;
incarichiamo le strutture esecutive dell’OSCE, nell’ambito dei rispettivi mandati e delle risorse disponibili, di:
7. sostenere gli sforzi globali di sensibilizzazione sui requisiti previsti dalle risoluzioni 2178 (2014) e 2309 (2016) del Consiglio di sicurezza delle Nazioni Unite in materia di informazioni anticipate sui passeggeri e determinare le necessità in materia di assistenza tecnica degli Stati partecipanti che la richiedano, nonché individuare potenziali donatori ai fini del rafforzamento delle capacità;
8. prestare sostegno agli Stati partecipanti che lo richiedano nella creazione di sistemi API, in coo- perazione con pertinenti organizzazioni internazionali e regionali.
399 Documento della Ventiquattresima riunione del Consiglio dei ministri Vienna 2017
II. Decisioni del Consiglio dei ministri
Decisione N.5/17
Potenziamento delle iniziative dell’OSCE volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie dell’informazione e della comunicazione Il Consiglio dei ministri (…),
rilevando le enormi possibilità offerte dalle tecnologie dell’informazione e della comunicazione per lo sviluppo sociale ed economico e la loro crescente importanza per la comunità internazionale,
riconoscendo che gli Stati partecipanti dell’OSCE traggono vantaggio da un contesto delle tecno- logie dell’informazione e della comunicazione aperto, sicuro, stabile, accessibile e pacifico,
ribadendo che le iniziative degli Stati partecipanti d ell’OSCE volte a ridurre i rischi di conflitto deri- vanti dall’uso di tecnologie dell’informazione e della comunicazione saranno conformi al diritto internazionale (…) e alle loro responsabilità di rispettare i diritti umani e le libertà fondamentali,
esprimendo preoccupazione per il crescente numero di gravi incidenti aventi origine dall’uso doloso di tecnologie dell’informazione e della comunicazione, e sottolineando che tali tendenze negative comportano rischi per la sicurezza di tutti gli Stati partecipanti dell’OSCE e dei loro cit- tadini nonché per il settore pubblico e privato, (…)
riconoscendo la necessità di intensificare ulteriormente le iniziative dell’OSCE per continuare a rafforzare la fiducia e a ridurre i rischi di conflitto derivanti dall’uso delle tecnologie dell’infor- mazione e della comunicazione,
decide di:
1. continuare ad attuare tutte le decisioni sulle misure di rafforzamento della fiducia adottate dall’OSCE volte a ridurre i rischi di conflitto derivanti dall’uso delle tecnologie dell’informa- zione e della comunicazione al fine di contribuire a un contesto delle tecnologie dell’informazione e della comunicazione aperto, sicuro, stabile, accessibile e pacifico, in linea con gli impegni OSCE;
2. individuare modi e mezzi per rafforzare e ottimizzare il lavoro dell’OSCE quale piattaforma pra- tica allo scopo di ridurre i rischi di conflitto derivanti dall’uso delle tecnologie dell’informazione e della comunicazione e al contempo proseguire il lavoro del Gruppo di lavoro informale transdi- mensionale istituito ai sensi della Decisione N.1039 del Consiglio permanente;
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3. incoraggiare le strutture esecutive d ell’OSCE, nell’ambito dei loro mandati e delle risorse dispo- nibili, ad assistere gli Stati partecipanti che ne facciano richiesta nell’attuazione delle misure OSCE di rafforzamento della fiducia al fine di ridurre i rischi di conflitto derivanti dall’uso delle tecnologie dell’informazione e della comunicazione e di potenziare le capacità e i processi nazionali pertinenti;
4. invitare i Partner OSCE per la cooperazione a rafforzare il dialogo sulle iniziative volte a ridurre i rischi di conflitto derivanti dall’uso delle tecnologie dell’informazione e della comunicazione.
Decisione N.6/17
Potenziamento degli sforzi volti a prevenire la tratta di esseri umani
Il Consiglio dei ministri,
riaffermando che la tratta di esseri umani è un crimine grave e odioso che viola la dignità umana e che tutti gli aspetti della lotta alla tratta di esseri umani devono poggiare saldamente sullo stato di diritto e sul rispetto dei diritti umani,
riaffermando la nostra più ferma condanna di tutte le forme di tratta di esseri umani, anche a fini di sfruttamento sessuale e di manodopera, traffico di minori, induzione al crimine, nonché ai fini del prelievo di organi, e riconoscendo che la prevenzione di tale crimine rappresenta una priorità,
riaffermando inoltre il nostro impegno ad affrontare i fattori che rendono le persone più vulnera- bili alla tratta e sottolineando l’importanza di un approccio transdimensionale e globale alla lotta contro la tratta di esseri umani, che richiede un’attenzione particolare alla messa in atto di effi- caci misure di prevenzione, (…)
ribadendo il nostro sostegno all’effettiva attuazione della Convenzione delle Nazioni Unite contro la criminalità transnazionale organizzata e del relativo Protocollo aggiuntivo per prevenire, repri- mere e punire la tratta di persone, in particolare di donne e bambini, come quadro giuridico inter- nazionale per la lotta alla tratta di esseri umani, nonché l’importanza di dare attuazione al Piano d’azione globale delle Nazioni Unite per la lotta alla tratta di persone,
ricordando l’importanza ai fini della prevenzione e della lotta alla tratta di esseri umani dell’A- genda 2030 per lo sviluppo sostenibile e della Convenzione delle Nazioni Unite sui diritti del fan- ciullo (1989), qualora ne siano firmatari,
rilevando che una maggiore cooperazione giudiziaria e delle forze di polizia e il coordinamento tra gli Stati partecipanti e i Partner per la cooperazione, compresa un’efficace sicurezza e gestione delle frontiere, possono contribuire a prevenire la tratta di esseri umani ostacolando e smantel- lando le organizzazioni criminali transnazionali ad essa connesse e perseguendone gli autori,
sottolineando l’importanza dell’attuazione di norme internazionali in materia di lavoro laddove applicabili agli sforzi volti a prevenire la tratta di esseri umani e prendendo nota degli strumenti internazionali sul lavoro (…), in cui vengono contemplate anche buone pratiche sulla prevenzione della tratta di esseri umani a fini di sfruttamento del lavoro,
elogiando gli Stati partecipanti che richiedono ai fornitori di beni e servizi al settore pubblico di adottare iniziative efficaci e adeguate per far fronte ai rischi di tratta di esseri umani nelle loro
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filiere, incluse iniziative che mirino a prevenire la partecipazione dei subappaltatori e dei dipen- denti ad attività che sono notoriamente legate alla tratta di esseri umani. Elogiando inoltre quegli Stati che incoraggiano gli operatori del settore privato a considerare i rischi della tratta di esseri umani nelle loro attività e in quelle dei loro subappaltatori e fornitori, al fine di garantire che essi ne affrontino i rischi in modo proattivo,
riconoscendo il contributo della società civile, ivi incluse le organizzazioni religiose, nel prevenire la tratta di esseri umani e nel prestare assistenza alle vittime,
invita gli Stati partecipanti a:
1. elaborare politiche di prevenzione mirate che siano basate, come appropriato, sul potenziamento della ricerca e la raccolta sistematica di informazioni attendibili, anche con il supporto dei mecca- nismi nazionali come i relatori nazionali, ove essi esistano, al fine di massimizzare l’effetto e l’im- patto degli sforzi anti-tratta a livello nazionale e internazionale;
2. promuovere il dialogo e la cooperazione tra i governi, le organizzazioni internazionali, la società civile e il settore privato, comprese le imprese e i sindacati e le organizzazioni dei datori di lavoro come partner sociali, in vista di un potenziamento degli sforzi volti a prevenire la tratta di esseri umani attraverso, tra l’altro, una maggiore consapevolezza del ruolo di ciascun attore e la facili- tazione dello scambio di informazioni sulla tratta di esseri umani tra i paesi di origine, di tran- sito e di destinazione, inclusi i Partner per la cooperazione, e il riconoscimento dell’importanza di ascoltare la voce delle vittime di tratta nell’elaborazione di efficaci strategie anti-tratta;
3. continuare a utilizzare l’OSCE quale piattaforma per il dialogo sulla cooperazione giudiziaria e di polizia, la sicurezza e la gestione delle frontiere, in quanto elemento importante per prevenire la tratta di esseri umani;
4. promuovere programmi di rafforzamento delle capacità multi-agenzia, transettoriali e multina- zionali che facilitino misure per prevenire la tratta di esseri umani in tutte le sue forme, con par- ticolare attenzione ai fattori che rendono le persone vulnerabili alla tratta;
5. adottare misure adeguate per combattere efficacemente la tratta di esseri umani elaborando pro- cedure armonizzate e corsi di formazione, tra l’altro, sull’individuazione e la protezione delle vit- time di tratta, rivolti alle autorità competenti, alle organizzazioni della società civile, agli operatori sociali e sanitari nonché ad altri soggetti che possono entrare in contatto per primi con le vittime;
6. rafforzare le iniziative educative e di sensibilizzazione, compresa l’educazione ai diritti umani, e sviluppare e attuare programmi di responsabilizzazione che tengano conto delle particolari esi- genze delle donne, degli uomini, dei ragazzi e delle ragazze, al fine di migliorare la capacità di rico- noscere, prevenire e combattere la tratta di esseri umani nell’ambito delle comunità;
7. adottare un approccio incentrato sulla vittima e consapevole dei suoi traumi e, a tale riguardo e in linea con la Decisione del Consiglio dei ministri N.14/06, sensibile alle specificità di genere, che rispetti pienamente i diritti umani e le libertà fondamentali nell’ambito di tutte le iniziative di prevenzione e assistenza;
8. riconoscere l’importante contributo che i media possono apportare alla prevenzione della tratta di esseri umani, tra l’altro attraverso l’adozione volontaria di standard professionali attraverso cui affrontare i casi di tratta di esseri umani responsabilmente e con sensibilità;
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9. individuare, sviluppare e condividere le migliori pratiche, anche come previsto dall’Addendum del 2013 al Piano d’azione dell’OSCE per la lotta alla tratta di esseri umani: dieci anni dopo, per par- tenariati nazionali e globali di successo tra settore pubblico e privato nella lotta alla tratta di esseri umani, per promuovere il rispetto dei diritti umani e la responsabilità sociale delle imprese, anche attraverso iniziative pubbliche di sensibilizzazione circa il rischio di tratta di esseri umani nella produzione e origine dei beni e nell’offerta di servizi;
10. incoraggiare il settore privato ad adottare politiche e procedure per prevenire tutte le forme di tratta di esseri umani, a impegnarsi attivamente nelle iniziative di una pluralità di soggetti interessati, a sviluppare la consapevolezza circa i rischi della tratta di esseri umani e a tener conto delle migliori pratiche, come la creazione di meccanismi indipendenti di controllo, verifica e cer- tificazione al fine di documentare il rispetto e l’attuazione di codici di condotta o di standard etici di autoregolamentazione, anche attraverso incentivi per le imprese affinché operino con la dovuta diligenza e trasparenza per prevenire gli abusi e lo sfruttamento dei lavoratori in tutta le loro filiere, e allo scopo di consentire condizioni di concorrenza eque per le imprese responsabili;
11. promuovere politiche complementari alla legislazione nazionale che, nel considerare l’assegna- zione di contratti governativi per beni e servizi, tengano conto del fatto che le aziende stiano adot- tando o meno misure efficaci e adeguate per far fronte ai rischi di tratta di esseri umani, anche per quanto riguarda i loro subappaltatori e dipendenti;
12. adottare misure adeguate per individuare e sradicare le pratiche di assunzione e impiego abu- sive e fraudolente che possono condurre alla tratta a fini di sfruttamento del lavoro, sfruttamento sessuale, induzione al crimine o ad altre forme di tratta, comprese misure per promuovere criteri chiari per la registrazione formale delle agenzie di reclutamento e collocamento e attraverso il raf- forzamento del ruolo delle autorità competenti, come gli ispettori del lavoro;
13. promuovere misure per prevenire e affrontare l’impiego di lavoro forzato da parte delle rap- presentanze diplomatiche e di altri membri del personale delle missioni diplomatiche, degli uffici consolari e delle organizzazioni internazionali e promuovere una politica di tolleranza zero nei casi di tratta da parte di tali membri del personale, e tenere conto delle migliori pratiche a livello internazionale come raccolte, ad esempio, nel Manuale OSCE sulla prevenzione della tratta di esseri umani a fini di schiavitù domestica presso famiglie del personale diplomatico e la protezione dei lavoratori domestici, prendendo al contempo atto che molte di queste misure sono in linea con le Convenzioni di Vienna sulle relazioni diplomatiche e le relazioni consolari nonché con gli accordi sulla sede di organizzazioni internazionali e riconoscendo che le Convenzioni di Vienna inclu- dono il dovere di rispettare le leggi e i regolamenti dello Stato ospitante, compresi quelli miranti a prevenire e a far fronte alla tratta di esseri umani;
14. incaricare il Rappresentante speciale dell’OSCE e Coordinatore per la lotta alla tratta di esseri umani ed eventualmente altre pertinenti strutture esecutive, in conformità con i loro mandati e in coordinamento con il Rappresentante speciale dell’OSCE, di proseguire la cooperazione con l’Alleanza contro la tratta di persone e con altre piattaforme regionali e globali, tra cui il Gruppo di coordinamento inter-agenzia contro la tratta di persone;
15. incoraggiare le pertinenti strutture esecutive, in conformità con i loro mandati e in coordi- namento con il Rappresentante speciale dell’OSCE e Coordinatore per la lotta alla tratta di esseri umani, a proseguire le attività di ricerca, in consultazione con gli Stati partecipanti, a organizzare attività di rafforzamento delle capacità, ad assistere gli Stati partecipanti, su loro richiesta, nello svi- luppo di politiche e di linee guida per potenziare gli sforzi volti a prevenire la tratta di esseri umani;
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16. incaricare il Segretario generale di procedere a una riesame delle politiche esistenti, delle pro- cedure di controllo e di segnalazione e delle salvaguardie in materia di assunzione, e di assicu- rare che nessuna attività delle strutture esecutive dell’OSCE, inclusa l’assegnazione di contratti per la fornitura di beni e servizi, contribuiscano a qualsiasi forma di tratta di esseri umani (…).
Decisione N.7/17
Potenziamento degli sforzi volti a combattere ogni forma di tratta di minori, anche a fini di sfruttamento sessuale, nonché altre forme di sfruttamento sessuale di minori Il Consiglio dei ministri, (…)
profondamente allarmato per il persistere di ogni forma di tratta di minori, sia a livello transna- zionale che nazionale, inclusa la tratta di minori a fini di sfruttamento sessuale e del lavoro, e riba- dendo la necessità di adottare misure più rigorose contro tale fenomeno,
riaffermando che l’interesse superiore del minore sarà considerato preminente nelle decisioni adot- tate concernenti i minori oggetto di tratta o di sfruttamento sessuale, e l’importanza di rispettare le esigenze specifiche di tutela e assistenza dei minori e l’opportunità dei minori di essere ascoltati,
profondamente allarmato del fatto che lo sfruttamento sessuale dei minori possa comportare conseguenze gravi e permanenti per lo sviluppo e il benessere fisico e psicologico di un minore e che, in molti casi, esso rappresenta una forma di tratta di esseri umani, riconoscendo che ogni forma di tratta di esseri umani, anche a fini di sfruttamento sessuale, nonché altre forme di sfrut- tamento sessuale di minori violano la dignità umana e pregiudicano l’esercizio dei diritti umani e delle libertà fondamentali,
considerando che ogni forma di tratta di esseri umani, anche a fini di sfruttamento sessuale, non- ché altre forme di sfruttamento sessuale di minori costituiscono reati gravi ed efferati, in molti casi con il coinvolgimento della criminalità organizzata, che devono essere prevenuti, indagati, perseguiti e puniti,
ricordando che l’Addendum del 2013 al Piano di azione dell’OSCE per la lotta alla tratta di esseri umani invita gli Stati partecipanti a sviluppare e attuare politiche e azioni, inclusa la coopera- zione tra le forze di polizia degli Stati partecipanti, volte a prevenire che l’industria del turismo sia sfruttata per perpetrare ogni forma di tratta di esseri umani, in particolare la tratta finalizzata allo sfruttamento sessuale di minori,
riconoscendo che lo sfruttamento sessuale di minori nei viaggi e nel turismo, che possono com- prendere anche viaggi da un paese a un altro, costituisce un reato grave e contribuisce all’incre- mento della domanda che favorisce la tratta di minori a fini di sfruttamento sessuale,
encomiando gli Stati partecipanti che cooperano con l’industria dei viaggi e del turismo, incluse compagnie aeree e altri mezzi di trasporto, nonché hotel, le imprese ricettive in generale, la società civile, e pertinenti organizzazioni internazionali, al fine di prevenire ogni forma di tratta di minori, anche a fini di sfruttamento sessuale, e altre forme di sfruttamento sessuale di minori, e di stabilire e applicare procedure per individuare, segnalare e gestire presunte tratte di minori,
sottolineando che le tecnologie dell’informazione e della comunicazione (TIC) possono svol- gere un ruolo positivo in termini educativi, di sviluppo e di sensibilizzazione al problema per i minori, ma che possono essere anche usate impropriamente per facilitare contatti con minori a
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fini di sfruttamento o pubblicare annunci di minori a fini di sfruttamento sessuale, e che i social media possono essere usati impropriamente a fini di adescamento di minori, che possono diven- tare oggetto di sfruttamento sessuale nonché di ogni forma di tratta,
ricordando che l’Addendum del 2013 al Piano di azione dell’OSCE per la lotta alla tratta di esseri umani invita gli Stati partecipanti a formare funzionari di frontiera, funzionari di polizia, giudici, procuratori, funzionari addetti all’immigrazione e altri funzionari pertinenti all’uso di Internet e di altre tecnologie dell’informazione e della comunicazione a fini di tratta di esseri umani e reati correlati, inclusa ogni forma di tratta di minori e di sfruttamento sessuale di minori,
preoccupato che i minori che accedono a siti pornografici in Internet possano desensibilizzarsi e diventare con maggiore probabilità vittime o perpetratori di sfruttamento sessuale,
prendendo atto che nell’ultimo decennio sono state sviluppate nuove tecnologie per la verifica dell’età che potrebbero aiutare a impedire l’accesso dei minori a siti pornografici in Internet,
esprimendo preoccupazione per il fatto che i minori nei flussi migratori, in particolare i minori non accompagnati, possono essere particolarmente vulnerabili alla tratta di esseri umani e allo sfruttamento sessuale, e sottolineando che strutture specializzate, una sicurezza adeguata, la for- mazione e un quantitativo numerico sufficiente di personale nonché operatori di sesso femminile possono mitigare tali rischi,
1. incoraggia gli Stati partecipanti, le organizzazioni internazionali e la società civile a cooperare al fine di contrastare ogni forma di tratta di minori, anche a fini di sfruttamento sessuale, non- ché altre forme di sfruttamento sessuale di minori, prendendo atto dei loro sforzi volti a contra- stare tali reati;
2. incoraggia gli Stati partecipanti ad adottare un approccio incentrato sulla vittima e consape- vole dei suoi traumi che tenga conto delle problematiche di genere specifiche di maschi e femmine negli interessi superiori dei minori e che rispetti pienamente i diritti umani e le libertà fondamen- tali dei minori oggetto di tratta o di sfruttamento sessuale;
3. invita tutti gli Stati partecipanti dell’OSCE che non lo abbiano già fatto a prendere in considera- zione misure giuridiche che consentano di perseguire i loro cittadini per gravi reati sessuali con- tro minori, anche quando siano commessi in un altro paese;
4. invita gli Stati partecipanti dell’OSCE a prevenire ogni forma di tratta di minori e di sfrutta- mento sessuale di minori, anche nelle destinazioni turistiche, attraverso campagne d’informazione e sensibilizzazione, e a cooperare con il settore privato e la società civile al fine di sensibilizzare l’industria del turismo al problema, nonché con viaggiatori d’affari e turisti per contribuire a eli- minare lo domanda che alimenta la tratta di minori e lo sfruttamento sessuale di minori;
5. invita gli Stati partecipanti d ell’OSCE a rafforzare la cooperazione e il coordinamento tra le auto- rità competenti, quali le forze di polizia e i servizi per l’immigrazione e frontalieri degli Stati par- tecipanti, i Partner per la cooperazione e gli Stati di destinazione fuori dalla regione dell’OSCE, anche attraverso l’adozione di misure in piena conformità con le legislazioni nazionali e i quadri nazionali e internazionali per la protezione dei dati personali, quali ad esempio: (a) l’adozione di misure amministrative aggiuntive relative ai perpetratori, come ad esempio l’i- scrizione a un registro di autori di reati sessuali di persone condannate per sfruttamento o abuso sessuale di minori, come appropriato;
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(b) ove pertinente, un meccanismo transnazionale per lo scambio e/o la ricezione di informazioni tra le forze di polizia e/o le autorità giudiziarie riguardanti persone condannate per sfruttamento o abuso sessuale di minori;
6. invita gli Stati partecipanti a perseguire i trafficanti di esseri umani e gli autori di sfruttamento sessuale di minori, inclusi coloro che usano indebitamente le tecnologie dell’informazione e della comunicazione per reclutare minori o facilitano contatti con minori allo scopo di renderli oggetto di tratta o sfruttamento sessuale, e a imporre sanzioni che siano realmente dissuasive e commi- surate al reato;
7. invita gli Stati partecipanti che non lo abbiano già fatto a promuovere l’attuazione di tecnologie di verifica dell’età al fine di limitare l’accesso di minori a siti web pornografici;
8. incoraggia gli Stati partecipanti a esortare le società di tecnologie dell’informazione e della comu- nicazione e i social media a prevenire la diffusione online di contenuti con abusi sessuali di minori e a procedere alla rimozione degli stessi, e di proteggere i minori contrastando l’adescamento online da parte di trafficanti di esseri umani a fini di ogni forma di tratta di minori nonché di altre forme di sfruttamento sessuale di minori, anche attraverso lo sviluppo di nuovi strumenti e tecnologie;
9. invita gli Stati partecipanti a condividere dati, come appropriato e proteggendo nel contempo i dati personali da usi illegali, concernenti la tratta di minori e lo sfruttamento sessuale di minori con la Banca dati internazionale di immagini relative allo sfruttamento sessuale di bambini dell’In- terpol (ICSE) che funge da centro per l’individuazione delle vittime a livello mondiale e che può altresì contribuire a individuare i trafficanti e i loro collaboratori e rintracciare i flussi finanziari per smantellare le reti criminali;
10. invita gli Stati partecipanti a promuovere ulteriormente attività di formazione specializzata sulle tecnologie dell’informazione e della comunicazione per funzionari di frontiera, funzionari di poli- zia, giudici, procuratori, funzionari addetti all’immigrazione e altri funzionari pertinenti nonché insegnanti e personale medico, come appropriato, per combattere ogni forma di tratta di minori nonché altre forme di sfruttamento sessuale di minori; 11. incoraggia gli Stati partecipanti a sensibilizzare l’opinione pubblica sulle vulnerabilità dei minori nei flussi migratori a ogni forma di tratta di minori, anche a fini di sfruttamento sessuale, nonché ad altre forme di sfruttamento sessuale, ad accrescere la capacità e ampliare il raggio di azione degli operatori di primo intervento di individuare i minori vittime di tratta e di altre forme di sfrutta- mento sessuale, e a garantire loro protezione e, ove necessario, assistenza e il rinvio a centri di assi- stenza legale, nonché rimedi efficaci e altri servizi a seconda dei casi (…);
12. incarica le pertinenti strutture dell’OSCE conformemente ai loro mandati e in coordinamento con il Rappresentante speciale dell’OSCE e Coordinatore per la lotta alla tratta di esseri umani di continuare ad assistere gli Stati partecipanti, su loro richiesta, nell’attuazione dei loro impe- gni relativi a ogni forma di tratta di minori, anche a fini di sfruttamento sessuale, nonché ad altre forme di sfruttamento sessuale di minori;
13. invita i Partner OSCE per la cooperazione a condividere volontariamente gli impegni degli Stati partecipanti sulla lotta a ogni forma di tratta di minori, anche a fini di sfruttamento sessuale, non- ché ad altre forme di sfruttamento sessuale di minori.
406 Documento della Venticinquesima riunione del Consiglio dei ministri Milano 2018
I. Dichiarazioni del Consiglio dei ministri
Dichiarazione sul ruolo dei giovani nel contribuire alle iniziative di pace e di sicurezza 1. Noi, (…), riconosciamo che i giovani sono una parte importante della società e possono svol- gere un ruolo nel sostenere gli Stati partecipanti ai fini dell’attuazione degli impegni in tutte le tre dimensioni. 2. Ricordiamo gli impegni OSCE relativi ai giovani (…). (…)
5. Riconosciamo il ruolo che i giovani possono svolgere nel contribuire a una cultura di pace, di dialogo, di giustizia e di coesistenza pacifica, di fiducia e di riconciliazione.
6. Invitiamo i Partner per la cooperazione a unirsi a noi su base volontaria nel sostenere la pre- sente dichiarazione.
II. Decisioni del Consiglio dei ministri
Decisione N.3/18
Sicurezza dei giornalisti
Il Consiglio dei ministri,
riaffermando tutti i pertinenti impegni d ell’OSCE sul diritto alla libertà di espressione, alla libertà dei media e alla libera circolazione delle informazioni, (…), in cui gli Stati partecipanti hanno ribadito che il diritto alla libertà di espressione include la libertà di opinione e la libertà di rice- vere e di comunicare informazioni e idee senza interferenza dell’autorità pubblica e indipenden- temente dalle frontiere,
tenendo conto del fatto che ogni individuo ha diritto alla libertà di opinione e di espressione, (…), e che tale diritto costituisce uno dei fondamenti essenziali di una società democratica e una delle condizioni fondamentali per il suo progresso e il suo sviluppo,
tenendo conto inoltre del fatto che le eventuali restrizioni al diritto alla libertà di espressione pos- sono essere solo quelle previste dalla legge e che sono necessarie per le ragioni di cui al paragrafo 3 dell’Articolo 19 dell’ICCPR, riaffermando che l’indipendenza dei media è essenziale per una società libera e aperta e per sistemi di governo responsabili ed è di particolare importanza per la salvaguardia dei diritti umani e delle libertà fondamentali, (…),
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riconoscendo che il giornalismo e la tecnologia si stanno evolvendo e che ciò contribuisce al dibat- tito pubblico, ma può anche ampliare la gamma dei rischi che recano pregiudizio alla sicurezza dei giornalisti,
prendendo atto dell’importanza di promuovere e proteggere la sicurezza dei giornalisti ai fini dell’attuazione dei pertinenti Obiettivi e finalità di sviluppo sostenibile dell’Agenda 2030 della Nazioni Unite per lo sviluppo sostenibile,
riconoscendo che la pratica del giornalismo può esporre i giornalisti e i loro familiari al rischio di violenze nonché a intimidazioni e molestie, anche attraverso le tecnologie digitali, che possono dissuadere i giornalisti dal continuare il loro lavoro o portare all’autocensura,
rilevando con preoccupazione che il ricorso a indebite misure restrittive nei confronti dei giorna- listi può incidere sulla loro sicurezza e impedire loro di fornire informazioni al pubblico, e pre- giudica pertanto il diritto alla libertà di espressione, riaffermando che i media nella loro regione dovrebbero godere di un accesso senza restrizioni alle notizie e ai servizi d’informazione stranieri, che il pubblico trarrà vantaggio dall’analoga libertà di ricevere e di comunicare informazioni e idee senza interferenza dell’autorità pubblica e indipen- dentemente dalle frontiere, anche attraverso pubblicazioni e trasmissioni straniere, e che qualsiasi restrizione all’esercizio di tale diritto sarà prescritta per legge e conforme alle norme internazio- nali, (…),
preoccupato che le violazioni e gli abusi del diritto alla libertà da interferenze arbitrarie o illegali nella vita privata possono incidere sulla sicurezza dei giornalisti,
profondamente preoccupato per tutte le violazioni e gli abusi dei diritti umani commessi in relazione alla sicurezza dei giornalisti, tra cui quelli che comportano uccisioni, torture, sparizioni forzate, arresti arbitrari, detenzioni ed espulsioni arbitrarie, intimidazioni, molestie e minacce in qualsiasi forma, fisica, legale, politica, tecnologica o economica, volte a reprimere il lavoro dei giornalisti,
preoccupato per i rischi specifici che le giornaliste affrontano in relazione al loro lavoro, anche attraverso le tecnologie digitali, e sottolineando l’importanza di assicurare loro la massima sicu- rezza possibile e di tenere conto in modo efficace delle loro esperienze e delle loro preoccupazioni,
riconoscendo il ruolo cruciale svolto dai giornalisti nei contesti elettorali, in particolare nell’infor- mare il pubblico in merito ai candidati, ai loro programmi e ai dibattiti in corso, ed esprimendo serie preoccupazioni per le minacce e gli attacchi violenti cui i giornalisti possono essere oggetto,
riconoscendo l’importanza del giornalismo investigativo e che la capacità dei media di indagare e pubblicare i risultati delle loro indagini senza timori di ritorsioni, anche su Internet, può avere un ruolo importante nelle nostre società, anche per l’accertamento delle responsabilità di istitu- zioni e funzionari pubblici,
allarmato per l’aumento di campagne che prendono di mira il lavoro dei giornalisti, erodendo la fiducia del pubblico nella credibilità del giornalismo, e riconoscendo che ciò può accrescere il rischio di minacce e violenze nei confronti dei giornalisti,
allarmato inoltre per i casi in cui responsabili politici, funzionari e/o autorità pubbliche intimidi- scono, minacciano, giustificano o non condannano le violenze nei confronti di giornalisti,
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esprimendo profonda preoccupazione per la crescente minaccia posta alla sicurezza dei giornali- sti da, tra l’altro, gruppi terroristici e organizzazioni criminali,
ponendo inoltre in evidenza i rischi specifici posti alla sicurezza dei giornalisti nell’era digitale, anche per quanto riguarda la particolare vulnerabilità dei giornalisti a essere bersaglio di atti di pirateria informatica o di sorveglianza o intercettazione illecita o arbitraria delle comunica- zioni, compromettendo il godimento del loro diritto alla libertà di espressione e il loro diritto alla libertà da interferenze arbitrarie o illecite nella vita privata, ribadendo che gli Stati partecipanti condannano tutti gli attacchi e le molestie nei confronti dei giornalisti e che si adopereranno affinché i diretti responsabili rendano conto di tali attacchi e mole- stie, (…), e riconoscendo inoltre che l’accertamento delle responsabilità per i crimini contro i gior- nalisti è un elemento chiave per prevenire futuri attacchi, (…)
rilevando con preoccupazione il clima di impunità che prevale quando gli attacchi violenti com- messi nei confronti di giornalisti rimangono impuniti e riconoscendo il ruolo dei governi, dei legi- slatori e della magistratura nel consentire un ambiente di lavoro sicuro e nel garantire la sicurezza dei giornalisti, tra l’altro condannando pubblicamente e assicurando alla giustizia tutti i respon- sabili di reati contro i giornalisti, (…)
ricordando le risoluzioni (…) del Consiglio di sicurezza delle Nazioni Unite, in cui si condannano tutte le violazioni e gli abusi commessi contro i giornalisti, i professionisti dei media e il personale associato in situazioni di conflitto armato e in cui si afferma che i giornalisti, i professionisti dei media e il personale associato impegnati in missioni pericolose legate alla loro professione in tea- tri di conflitto armato sono da considerarsi civili e tutelati come tali, a condizione che non intra- prendano azioni che compromettano il loro status di civili,
invita gli Stati partecipanti a:
1. dare piena attuazione a tutti gli impegni OSCE e ai loro obblighi internazionali relativi alla libertà di espressione e alla libertà dei media, anche rispettando, promuovendo e tutelando la libertà di cer- care, ricevere e diffondere informazioni indipendentemente dalle frontiere;
2. allineare pienamente le loro leggi, politiche e pratiche relative alla libertà dei media ai loro obbli- ghi e impegni internazionali e riesaminarle e, ove necessario, abrogarle o modificarle in modo da non limitare la capacità dei giornalisti di svolgere il loro lavoro in modo indipendente e senza indebite interferenze;
3. condannare pubblicamente e inequivocabilmente tutti gli attacchi e le violenze contro i giorna- listi, come le uccisioni, le torture, le sparizioni forzate, gli arresti arbitrari, le detenzioni ed espul- sioni arbitrarie, le intimidazioni, le molestie e le minacce in qualsiasi forma, fisica, legale, politica, tecnologica o economica, utilizzate per reprimere la loro attività e/o forzare indebitamente la chiu- sura dei loro uffici, anche in situazioni di conflitto;
4. condannare altresì pubblicamente e inequivocabilmente gli attacchi nei confronti delle donne giornaliste in relazione al loro lavoro, come le molestie sessuali, gli abusi, le intimidazioni, le minacce e la violenza, perpetrati anche attraverso le tecnologie digitali;
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5. sollecitare il rilascio immediato e incondizionato di tutti i giornalisti che sono stati arrestati o sono detenuti in modo arbitrario, presi in ostaggio o sono diventati vittima di sparizione forzata;
6. adottare misure efficaci per porre fine all’impunità per i reati commessi nei confronti di gior- nalisti, garantendo l’accertamento delle responsabilità come elemento chiave per prevenire futuri attacchi, assicurando inoltre che le agenzie delle forze dell’ordine svolgano indagini rapide, effi- caci e imparziali su atti di violenza e su minacce nei confronti di giornalisti, al fine di assicurarne i responsabili alla giustizia e garantire che le vittime abbiano accesso a rimedi adeguati;
7. sollecitare i responsabili politici, i funzionari e/o le autorità pubbliche ad astenersi dall’intimi- dire, minacciare o giustificare, e a condannare inequivocabilmente, le violenze contro i giorna- listi, al fine di ridurre i rischi o le minacce che i giornalisti possono dover affrontare, e di evitare di minare la fiducia nella credibilità dei giornalisti così come il rispetto dell’importanza del gior- nalismo indipendente;
8. astenersi da interferenze arbitrarie o illegali nell’uso da parte dei giornalisti di tecnologie per la cifratura e l’anonimato e dall’utilizzare tecniche di sorveglianza illegali o arbitrarie, rilevando che tali atti violano il godimento dei diritti umani da parte dei giornalisti e potrebbero esporli a rischi potenziali di violenza e a minacce alla loro sicurezza;
9. incoraggiare gli organismi statali e le agenzie delle forze dell’ordine a impegnarsi in attività di sensibilizzazione e di formazione sulla necessità di assicurare la sicurezza dei giornalisti e di promuovere il coinvolgimento della società civile, ove appropriato, in tali attività;
10. avviare o rafforzare, ove possibile, la raccolta di dati, analisi e resoconti a livello nazionale su attacchi e violenze nei confronti di giornalisti;
11. assicurare che le leggi sulla diffamazione non comportino sanzioni o pene eccessive che potreb- bero minare la sicurezza dei giornalisti e/o censurare concretamente i giornalisti e interferire con la loro missione di informare il pubblico e, ove necessario, rivedere e abrogare tali leggi, in conformità con gli obblighi degli Stati partecipanti ai sensi del diritto internazionale in materia di diritti umani;
12. attuare in modo più efficace il quadro giuridico applicabile per la tutela dei giornalisti nonché tutti i pertinenti impegni OSCE;
13. cooperare pienamente con il Rappresentante OSCE per la libertà dei mezzi d’informazione, anche per quanto riguarda la questione della sicurezza dei giornalisti;
14. incoraggiare il Rappresentante OSCE per la libertà dei mezzi d’informazione a continuare a sostenere e a promuovere la sicurezza dei giornalisti in tutti gli Stati partecipanti dell’OSCE, in linea con il suo mandato.
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Decisione N.4/18
Prevenzione e lotta alla violenza contro le donne
Il Consiglio dei ministri,
riaffermando che la promozione e la protezione di pari diritti e opportunità per tutti sono essen- ziali per la democrazia e lo sviluppo economico e pertanto per la sicurezza, la stabilità e la pace sostenibile nell’area dell’OSCE,
determinato ad assicurare pieno e paritario godimento dei diritti umani e delle libertà fondamen- tali da parte delle donne e delle ragazze, (…)
consapevole dell’importanza di prevenire e combattere la violenza contro le donne e le ragazze per l’attuazione dei corrispondenti Obiettivi di sviluppo sostenibile dell’Agenda 2030 delle Nazioni Unite per lo sviluppo sostenibile,
riconoscendo che la disuguaglianza tra uomini e donne è una delle cause scatenanti della violenza contro le donne e le ragazze e che, in particolare, la discriminazione e le disuguaglianze economi- che, inclusa la mancanza di indipendenza economica, possono acuire la vulnerabilità delle donne alla violenza,
profondamente preoccupato del persistere della violenza contro le donne e le ragazze in tutte le sue forme come uno degli ostacoli più pervasivi al pieno godimento di tutti i diritti umani e alla piena, paritaria ed effettiva partecipazione delle donne alla vita politica, economica e pubblica,
constatando che la violenza contro le donne e le ragazze può essere causa di morte o danni fisici, sessuali, psicologici, economici, politici e sociali o sofferenze per le ragazze e le donne di tutte le età e comporta direttamente o indirettamente costi sociali, politici ed economici a breve e lungo termine,
constatando inoltre che la violenza contro le donne e le ragazze assume diverse forme che possono includere la violenza domestica, la violenza sessuale, pratiche nocive, tratta di esseri umani, sfrut- tamento sessuale e di altro tipo nonché molestie sessuali,
riconoscendo che le donne e le ragazze possono subire molteplici e diversi tipi di discriminazione, a volte in combinazione, che le espone a un maggiore rischio di violenza e che tali combinazioni possono portare a ulteriori discriminazioni,
riconoscendo altresì l’importante ruolo svolto dalle forze armate, dalle forze dell’ordine, dalle autorità giudiziarie e da altri professionisti del diritto nell’affrontare tutte le forme di violenza contro le donne e le ragazze,
riconoscendo inoltre che gli abusi, le minacce e le molestie, incluse le molestie sessuali, sono diven- tati sempre più comuni, specialmente attraverso l’uso delle tecnologie digitali, e possono mettere a tacere la voce delle donne e delle ragazze nella sfera pubblica,
consapevole del fatto che le donne impegnate in attività professionali con esposizione pubblica e/o nell’interesse della società, hanno maggiori probabilità di essere esposte a specifiche forme di violenza o abuso, minacce e molestie, in relazione al loro lavoro,
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considerando che l’adolescenza è una fase importante nello sviluppo sociale di una persona e rico- noscendo che questa fase è condizionata spesso dal persistere di disuguaglianze, atteggiamenti negativi, comportamenti e stereotipi di genere che possono esporre le ragazze e le giovani donne a un più alto rischio di discriminazione e violenza,
riconoscendo l’importanza di coinvolgere attivamente uomini e ragazzi negli sforzi volti ad elimi- nare la discriminazione e tutte le forme di violenza contro le donne e le ragazze, anche affrontando le cause profonde della disuguaglianza di genere e della violenza e sensibilizzando l’opinione pub- blica sull’impatto degli atteggiamenti negativi, dei comportamenti e degli stereotipi di genere che possono sottendere e perpetuare la discriminazione e la violenza,
constatando gli sforzi della Rete* OSCE MenEngage per sensibilizzare l’opinione pubblica sull’im- portante ruolo che gli uomini e i ragazzi possono svolgere nell’eliminazione della discriminazione e di tutte le forme di violenza contro le donne e le ragazze,
riconoscendo che le molestie sessuali nei luoghi pubblici e privati, in particolare sul luogo di lavoro e nelle istituzioni educative, hanno un impatto negativo sul pieno godimento dei diritti umani e delle pari opportunità da parte delle donne e delle ragazze, pregiudicando in tal modo la loro possibilità e capacità di rimanere e/o avanzare nel posto di lavoro e nelle istituzioni educative,
riconoscendo il ruolo della società civile quale partner importante del governo, anche a livello locale, nella prevenzione e nella lotta alla violenza contro le donne e le ragazze,
prendendo atto del lavoro dell’Assemblea parlamentare dell’OSCE volto a combattere la violenza contro le donne, invita gli Stati partecipanti a:
1. garantire accesso alla giustizia, indagini efficaci, il perseguimento dei responsabili, nonché assi- curare, nel rispetto dei loro diritti e della loro privacy, adeguata protezione, recupero e sostegno alla reintegrazione delle vittime di tutte le forme di violenza contro le donne e le ragazze;
2. adottare provvedimenti, anche attraverso la sensibilizzazione e il rafforzamento delle capa- cità delle forze armate, delle forze dell’ordine, delle autorità giudiziarie e di altri professionisti del diritto, destinati a prevenire e combattere tutte le forme di violenza contro le donne e le ragazze;
3. adottare misure, come appropriato, per incoraggiare l’educazione alla parità di genere, ai diritti umani e ai comportamenti non violenti, contribuendo in tal modo alla prevenzione di tutte le forme di violenza contro le donne e le ragazze, che possono comprendere pratiche nocive, violenza ses- suale, violenza domestica e molestie sessuali;
4. organizzare campagne di sensibilizzazione sui rischi relativi a specifiche forme di violenza alle quali sono esposte le donne e le ragazze, anche attraverso l’uso delle tecnologie digitali, nonché sui loro diritti e sul sostegno a disposizione delle vittime di tali violenze;
5. adottare provvedimenti destinati ad affrontare la violenza, gli abusi, le minacce e le molestie, perpetrati anche attraverso l’uso delle tecnologie digitali, nei confronti delle donne;
* La Rete OSCE MenEngage non è una rete affiliata all’Alleanza MenEngage. La Rete OSCE MenEngage è una rete chiusa interna all’OSCE.
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6. adottare misure, in consultazione con le imprese che operano nel settore delle tecnologie dell’in- formazione e della comunicazione (TIC), destinate ad affrontare forme specifiche di violenza alle quali sono esposte le donne e le ragazze attraverso l’uso delle tecnologie digitali;
7. incoraggiare tutte le parti interessate, comprese quelle coinvolte nel processo politico, a contri- buire a prevenire e combattere tutte le forme di violenza contro le donne, comprese quelle impe- gnate in attività professionali con esposizione pubblica e/o nell’interesse della società, tra le altre cose, sollevando la questione nei dibattiti pubblici e elaborando iniziative di sensibilizzazione e altre misure appropriate, tenendo conto anche dell’impatto tremendo di tale violenza sulle giovani donne;
8. integrare iniziative nelle pertinenti politiche e strategie nazionali volte a promuovere il coin- volgimento degli uomini e dei ragazzi nella prevenzione e nella lotta alla violenza contro le donne e le ragazze, anche attuando attività di sensibilizzazione incentrate sul ruolo positivo, equilibrato e non violento che gli uomini e i ragazzi possono svolgere al riguardo e riconoscendo e affrontando gli atteggiamenti negativi, i comportamenti e gli stereotipi di genere che perpetuano tale violenza;
9. adottare misure per combattere le molestie sessuali nei luoghi pubblici e privati, anche sul posto di lavoro e nelle istituzioni educative, e incoraggiare i datori di lavoro pubblici e privati ad appli- care tali misure;
10. adottare misure destinate a garantire a tutte le ragazze parità di accesso a un’istruzione di qua- lità e a rafforzare l’emancipazione economica e l’indipendenza economica delle donne, anche garantendo politiche e pratiche occupazionali non discriminatorie, garantendo parità di accesso all’istruzione e alla formazione, parità di retribuzione per pari lavoro e parità di accesso alle risorse economiche e di controllo sulle stesse;
11. incoraggiare il coinvolgimento della società civile nella prevenzione e nella lotta alla violenza contro le donne e le ragazze;
incarica le pertinenti strutture esecutive dell’OSCE, conformemente al loro mandato, di:
12. assistere gli Stati partecipanti, su loro richiesta, nel migliorare il loro quadro giuridico e le loro politiche e nell’attuare misure volte a prevenire e combattere ogni forma di violenza contro le donne e le ragazze;
13. proseguire la cooperazione con pertinenti organizzazioni internazionali e regionali al fine di raccogliere dati e statistiche disaggregati per sesso sul verificarsi di tutte le forme di violenza contro le donne e le ragazze nell’area dell’OSCE;
14. fornire sostegno agli Stati partecipanti e alle organizzazioni della società civile ai fini di uno scambio di buone pratiche nella prevenzione e nella lotta contro tutte le forme di violenza contro le donne e le ragazze, anche attraverso il coinvolgimento di uomini e ragazzi;
15. sostenere gli Stati partecipanti, su loro richiesta, nell’elaborazione e nel riesame della legisla- zione, delle politiche e delle misure per combattere le molestie sessuali nei luoghi pubblici e pri- vati, compresi i luoghi di lavoro e le istituzioni educative;
16. continuare ad assicurare la piena attuazione del Codice di condotta dell’OSCE e a valutare la necessità di rafforzare e/o potenziare la formazione in materia, per i membri del personale/delle missioni dell’OSCE e delle politiche dell’OSCE volte a creare un ambiente di lavoro professionale,
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sottolineando un approccio di tolleranza zero nei confronti delle molestie sessuali, anche attra- verso iniziative da parte dei quadri dirigenziali.
17. Incoraggia gli Stati partecipanti e le pertinenti strutture esecutive dell’OSCE a considerare l’op- portunità di intraprendere attività congiuntamente con l’Assemblea parlamentare dell’OSCE e il suo Rappresentante speciale per le questioni di genere.
Decisione N.5/18
Sviluppo del capitale umano nell’era digitale
Il Consiglio dei ministri,
ricordando i principi e gli impegni su cui poggia la nostra cooperazione economica e tenendo conto dell’approccio globale alla sicurezza dell’OSCE, (…)
considerando che le esigenze degli individui dovrebbero essere al centro della crescita economica e dello sviluppo sostenibile e consapevole che gli investimenti nel capitale umano e la promozione della conoscenza e delle competenze favoriscono la partecipazione economica, l’inclusione sociale e la crescita sostenibile che sono tra loro interdipendenti e contribuiscono alla prosperità, alla fidu- cia, alla stabilità, alla sicurezza e alla cooperazione nell’area OSCE,
tenendo conto delle conseguenze derivanti dalla trasformazione digitale e della loro rapida evolu- zione che portano al progresso e alla prosperità, ma anche all’insorgere di nuove o più insidiose sfide e minacce potenziali,
consapevole che i cambiamenti nel mercato del lavoro introdotti dalla trasformazione digitale pos- sono potenzialmente accrescere le disparità economiche e sociali e che è d’uopo consacrare mag- giore attenzione allo sviluppo del capitale umano, con particolare riguardo alle donne, ai giovani e alle persone con disabilità, soprattutto nei settori economici ad alta intensità di lavoro e con risorse umane poco qualificate,
riconoscendo che lo sviluppo del capitale umano, anche in ambito digitale, può contribuire a ren- dere le economie e le società più resilienti alla corruzione attraverso i suoi effetti positivi su una manodopera informata e qualificata, sullo sviluppo sostenibile, la creazione di posti di lavoro e di ricchezza,
determinato a promuovere l’apprendimento permanente e la formazione professionale lungo tutto l’arco della vita lavorativa come strumenti essenziali per lo sviluppo del capitale umano e il supe- ramento dei divari digitali, in particolare per le donne e le ragazze in ambito scientifico, tecnolo- gico, ingegneristico e matematico,
riconoscendo che le nuove forme di impiego derivanti dalla trasformazione digitale dell’econo- mia presentano opportunità e sfide e che tali cambiamenti del mercato del lavoro possono incenti- vare la crescita economica e la creazione di posti di lavoro, ma anche incidere sulla stabilità sociale e dell’occupazione, (…)
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riconoscendo, nel contesto della digitalizzazione dell’economia, la necessità di rafforzare la resi- lienza della forza lavoro e di adattare le politiche sul mercato del lavoro al fine di favorire la cre- azione di posti di lavoro nel pieno rispetto della dignità umana e dei diritti umani, una crescita economica sostenibile e inclusiva, e pari opportunità di partecipazione delle donne e degli uomini al mercato del lavoro,
riconoscendo che lo sviluppo del capitale umano può contribuire all’attuazione dell’Agenda 2030 delle Nazioni Unite per lo sviluppo sostenibile,
1. incoraggia gli Stati partecipanti a sostenere lo sviluppo del capitale umano al fine di gestire la transizione verso economie sempre più automatizzate e digitali, anche attraverso partenariati pubblico-privati e la cooperazione tra più parti interessate;
2. incoraggia gli Stati partecipanti a promuovere l’apprendimento permanente, dalla educazione nella prima infanzia all’apprendimento lungo tutto l’arco della vita lavorativa, quale pilastro fon- damentale per gestire tale transizione;
3. esorta gli Stati partecipanti a promuovere l’accesso a una istruzione di qualità, alla forma- zione, all’accrescimento delle competenze e alla riqualificazione professionale al fine di favorire le opportunità di impiego agevolando un accesso non discriminatorio per le donne, i giovani e le persone con disabilità, e con particolare riguardo a quanti lavorano nelle industrie ad alta inten- sità di manodopera;
4. incoraggia gli Stati partecipanti, ove appropriato, a promuovere l’istruzione, la formazione e la riconversione professionale, in particolare per le donne e le ragazze soprattutto in ambito scien- tifico, tecnologico, ingegneristico e matematico, quale misura fondamentale per colmare i divari digitali e accrescere l’emancipazione delle donne attraverso la creazione di opportunità anche nella sfera economica;
5. invita gli Stati partecipanti a consolidare i quadri strategici e istituzionali per favorire modelli imprenditoriali innovativi e un clima favorevole agli investimenti, promuovere la creazione di posti di lavoro e una crescita economica sostenibile e inclusiva;
6. incoraggia gli Stati partecipanti a interessare il settore privato, la società civile, i sindacati, il mondo accademico e altri soggetti pertinenti al fine di individuare e dare risposte alle necessità in termini di sviluppo del capitale umano nonché a collaborare all’elaborazione e all’attuazione di norme e strategie pertinenti;
7. esorta gli Stati partecipanti a esaminare ulteriormente le opportunità e le sfide insite nelle nuove forme di impiego offerte dalla trasformazione digitale dell’economia anche al fine di garantire una adeguata tutela sociale;
8. incoraggia gli Stati partecipanti a promuovere iniziative volte a contrastare la corruzione nei settori dell’istruzione e della formazione e a garantire un accesso aperto, equo e scevro da qual- siasi forma di corruzione al mondo dell’istruzione, delle competenze digitali e delle opportunità di formazione;
9. incoraggia gli Stati partecipanti ad avvalersi dell’OSCE per agevolare lo scambio di migliori prassi e promuovere iniziative tese a sviluppare le capacità conformemente alle disposizioni della presente decisione;
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10. incoraggia gli Stati partecipanti ad accrescere la cooperazione nel campo dello sviluppo del capitale umano, anche con le pertinenti organizzazioni internazionali, al fine di ampliare e faci- litare l’accesso agli istituti di istruzione, di ricerca e di formazione, con particolare riguardo alla promozione delle competenze digitali;
11. incarica le pertinenti strutture esecutive dell’OSCE, incluse le sue operazioni sul terreno, nell’am- bito dei rispettivi mandati e delle risorse disponibili, di fornire assistenza agli Stati partecipanti che ne facciano richiesta nell’attuazione delle disposizioni della presente decisione;
12. incoraggia i Partner per la cooperazione ad attuare volontariamente le disposizioni della pre- sente decisione.
Decisione N.6/18
Potenziamento degli sforzi volti a prevenire e combattere la tratta di bambini, inclusi i minori non accompagnati
Il Consiglio dei ministri,
profondamente allarmato dalla diffusione della tratta di bambini, compresi quelli non accompa- gnati, in tutte le sue forme, anche a scopo di sfruttamento sessuale, lavoro forzato, criminalità for- zata, matrimonio forzato e prelievo di organi, riaffermando tutti gli impegni dell’OSCE volti a contrastare la tratta di bambini (…), (…)
profondamente preoccupato per l’elevato numero di bambini non accompagnati che negli ultimi anni sono diventati vulnerabili alla tratta di esseri umani,
riconoscendo che l’adozione di un approccio incentrato sulla vittima e consapevole dei suoi traumi, che tenga conto delle rispettive problematiche specifiche di genere di ragazze e ragazzi e dell’inte- resse superiore del bambino, è fondamentale per prevenire efficacemente che i bambini siano vit- time di tratta di esseri umani e per proteggerli da tale fenomeno,
riconoscendo che la collaborazione tra gli Stati, gli operatori di primo intervento e la società civile, può contribuire ulteriormente a prevenire che i bambini, compresi quelli non accompagnati, siano vittime di tratta di esseri umani, (…)
elogiando gli Stati partecipanti che adottano misure legislative speciali e di altro tipo per l’indivi- duazione precoce, l’accoglienza e la protezione dei minori vulnerabili alla tratta di esseri umani, compresi i minori non accompagnati,
riconoscendo l’importanza del contributo della società civile, incluse le organizzazioni religiose, tra l’altro nell’assistere le autorità nazionali nel prevenire e contrastare tutte le forme di tratta di bam- bini attraverso meccanismi nazionali di lotta contro la tratta, compresi i Meccanismi nazionali di rinvio, se del caso, (…)
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invita gli Stati partecipanti a:
1. adottare misure pertinenti affinché tutti i bambini vittime della tratta di esseri umani siano trat- tati in linea con il principio di non discriminazione e conformemente alle loro esigenze individuali e tenendo conto del loro interesse superiore, offrendo loro l’opportunità di essere ascoltati, come appropriato, e garantendo e proteggendo i loro diritti umani;
2. adottare un approccio incentrato sulle vittime e informato sui traumi che tenga conto delle rispettive problematiche specifiche di genere di ragazze e ragazzi e dell’interesse superiore del bambino, e rispetti pienamente i diritti umani e le libertà fondamentali dei bambini vittime della tratta di esseri umani;
3. fornire, se del caso, ai prestatori di servizi governativi e alle agenzie che entrano in contatto con i minori formazione e indicazioni adeguate su come individuare, segnalare, assistere e proteggere i minori vittime di tratta, in modo adeguato all’età e tenendo conto delle rispettive problematiche specifiche di genere di ragazze e ragazzi, e a prendere in considerazione offerte formative per attori del settore privato che entrano in contatto con i minori vittime della tratta;
4. adottare misure per fornire ai minori vittime della tratta in via prioritaria, se necessario, un tutore qualificato e idoneo o equivalente e/o un rappresentante legale al fine di salvaguardare gli interessi dei minori vittime della tratta, compresi quelli non accompagnati, e facendo in modo che i loro tutori e/o rappresentanti legali siano coinvolti nelle procedure riguardanti la loro assistenza e nella ricerca di soluzioni durature e sostenibili per loro;
5. affrontare la situazione dei minori vittime della tratta, compresi quelli non accompagnati, in un quadro di protezione dei minori;
6. promuovere meccanismi nazionali contro la tratta, compresi Meccanismi nazionali di rinvio, ove esistenti, e sistemi di protezione dei minori, ove opportuno, che riconoscano i bisogni e i diritti dei minori vittime della tratta, prevedere un’assistenza incentrata sulle vittime, informata sui traumi e adeguata all’età, applicare un approccio multidisciplinare, nel rispetto dei diritti umani, che tenga conto delle rispettive problematiche specifiche di genere di ragazze e ragazzi, e rispec- chi, se del caso, i contributi e le raccomandazioni delle vittime della tratta nel fornire assistenza immediata e nella ricerca di soluzioni durature e sostenibili, nonché istituire meccanismi di rin- vio appropriati per i minori;
7. prevedere che, nella misura possibile, qualsiasi valutazione dei bisogni di un minore vittima della tratta tenga conto dei suoi interessi e delle sue opinioni e delle necessità di assistenza, pro- tezione e sicurezza;
8. adottare misure appropriate nel momento in cui un minore è stato individuato come vittima della tratta o se vi sono ragionevoli motivi per ritenere che un minore possa essere stato vittima di tratta al fine di garantire la sicurezza del minore, in particolare prevenendo abusi sessuali e di altro tipo, e l’ulteriore vittimizzazione, conformemente alle leggi nazionali; prevedere la possibi- lità di non imporre sanzioni alle vittime per il loro coinvolgimento in attività illegali, nella misura in cui sono state costrette a farlo, e fornendo adeguati programmi di recupero, reinserimento e/o rimpatrio, se del caso;
9. incoraggiare le autorità preposte all’applicazione della legge o altre autorità competenti, a seconda dei casi, a cooperare raccogliendo e scambiando informazioni, conformemente alle rispettive legi- slazioni nazionali, anche per quanto riguarda la protezione dei dati personali, sui minori vittime
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di tratta e su coloro che rischiano di essere vittime della tratta di esseri umani, al fine di raffor- zare la loro protezione e affrontare la questione dei minori scomparsi;
10. rafforzare la cooperazione nazionale, regionale e internazionale per prevenire e combattere la tratta dei minori, in particolare per quanto riguarda la segnalazione e la condivisione di infor- mazioni sui minori vittime della tratta, compresi quelli non accompagnati, conformemente alle rispettive legislazioni nazionali, anche per quanto riguarda la protezione dei dati personali;
11. prendere in considerazione la nomina di un responsabile nazionale a cui i funzionari di altri paesi possano rivolgersi per richieste di informazioni sui minori vittime della tratta, compresi quelli scomparsi e/o quelli che intendono ritornare nei rispettivi paesi di origine;
12. promuovere gli sforzi volti a prevenire la tratta di bambini, contrastando la cultura dell’impunità e riducendo e affrontando la questione della domanda che favorisce tutte le forme di sfruttamento;
13. incaricare le strutture esecutive competenti d ell’OSCE, conformemente ai loro mandati, nell’am- bito delle risorse disponibili e in coordinamento con il Rappresentante speciale dell’OSCE e Coor- dinatore per la lotta alla tratta di esseri umani, di continuare ad assistere gli Stati partecipanti, su loro richiesta, nell’affrontare tutte le forme di tratta di bambini, anche massimizzando le cono- scenze di base esistenti e assicurando al tempo stesso che non si verifichino duplicazioni degli sforzi e dei programmi finanziati.
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I. Dichiarazioni del Consiglio dei ministri
Dichiarazione sul rafforzamento della cooperazione nel contrasto alla criminalità organizzata transnazionale (…)
3. Ribadiamo la nostra profonda preoccupazione per gli effetti negativi della criminalità organiz- zata transnazionale sulla stabilità e la sicurezza, incluso lo sfruttamento delle economie globaliz- zate e delle società aperte, l’erosione dei valori democratici e della governance e la minaccia per la sicurezza e l’incolumità dei cittadini, diretta o indiretta, nonché per i diritti umani e le libertà fondamentali.
4. Riaffermiamo il ruolo primario degli Stati partecipanti nella lotta alla criminalità organizzata transnazionale e sottolineiamo che essa può essere combattuta al meglio garantendo il rispetto dei diritti umani e le libertà fondamentali e salvaguardando lo Stato di diritto, e sottolineiamo il ruolo chiave svolto da un sistema di giustizia penale efficace, affidabile, professionale, indipen- dente e responsabile nel salvaguardare la sicurezza e l’incolumità dei cittadini.
5. Riconosciamo il ruolo centrale delle Nazioni Unite nel contrasto alla criminalità organizzata transnazionale, nonché l’importanza del lavoro svolto da pertinenti organizzazioni internazionali. Ribadiamo che il concetto globale di sicurezza dell’OSCE è complementare agli sforzi globali volti a contrastare la complessa minaccia della criminalità organizzata transnazionale.
6. Sottolineiamo che il contrasto alla criminalità organizzata transnazionale, e alle sue cause pro- fonde, richiede istituzioni efficienti e democratiche, responsabili nei confronti dei cittadini, sistemi di giustizia penale basati sullo Stato di diritto e l’adozione di un approccio olistico, globale e coe- rente, al fine di prevenire e ridurre la possibilità che gruppi criminali organizzati operino o si infiltrino nel tessuto delle nostre società, delle economie lecite e delle istituzioni, o beneficino dei proventi dei loro crimini.
7. Ricordiamo i pertinenti strumenti e meccanismi internazionali che sono a disposizione degli Stati partecipanti per assisterli nello svolgimento di autovalutazioni e, ove necessario, nel miglio- ramento dei loro sistemi di giustizia penale.
8. Riconosciamo che la criminalità organizzata transnazionale può avere un impatto differenziato su diversi gruppi all’interno della società. Incoraggiamo la cooperazione tra tutti gli attori inte- ressati, compresa la società civile, al fine di contribuire a creare comunità resilienti e di elaborare risposte globali e misure preventive contro la criminalità organizzata transnazionale, che tengano conto delle esigenze, delle preoccupazioni e degli interessi di tutti i gruppi all’interno della società,
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proteggano le vittime di reati e forniscano loro accesso a rimedi adeguati, promuovendo nel con- tempo la piena, paritaria e significativa partecipazione delle donne agli sforzi volti a contrastare la criminalità organizzata transnazionale.
9. Sottolineiamo l’importanza di rafforzare il coordinamento nazionale e la cooperazione interna- zionale nel contrasto alla criminalità organizzata transnazionale, incluso, ove opportuno, attraverso il contatto diretto e l’impegno tra autorità competenti, lo scambio di informazioni e di migliori pratiche, nonché l’uso degli strumenti forniti dall’OSCE, dall’UNODC e da altre pertinenti orga- nizzazioni internazionali.
10. Rinnoviamo il nostro impegno a mantenere il contrasto alla criminalità organizzata trans- nazionale tra le priorità dell’OSCE rafforzando l’attuazione dei nostri rispettivi obblighi inter- nazionali e degli esistenti impegni dell’OSCE. Riaffermiamo il compito delle pertinenti strutture esecutive dell’OSCE di informare regolarmente gli Stati partecipanti sulle attività dell’Organizza- zione relative all’attuazione degli impegni OSCE esistenti per far fronte alla criminalità organiz- zata transnazionale, e incoraggiamo a proseguire i dibattiti su tale tema tra gli Stati partecipanti.
11. Invitiamo i Partner OSCE per la cooperazione a unirsi a noi nel sostenere questa dichiarazione.
II. Decisioni del Consiglio dei ministri
Decisione N.6/20
Prevenzione e lotta alla corruzione attraverso la digitalizzazione e una maggiore trasparenza
Il Consiglio dei ministri, ricordando l’importanza di promuovere il buongoverno, anche attraverso una maggiore traspa- renza, e di prevenire e combattere la corruzione per rafforzare la sicurezza, la stabilità e la crescita economica e riaffermando i impegni dell’OSCE in materia, (…), (…)
riconoscendo i rischi che la corruzione comporta per la sicurezza, la stabilità, la democrazia, la governance efficace e lo sviluppo economico e sociale e la necessità di prevenire e combattere la corruzione a livello internazionale e nazionale in modo globale, anche affrontando i legami tra corruzione e riciclaggio di denaro, e attraverso l’effettiva attuazione di misure di recupero dei beni e una maggiore cooperazione internazionale e regionale in tal senso,
riconoscendo la necessità di incrementare gli sforzi per prevenire e combattere efficacemente la cor- ruzione, anche attraverso la digitalizzazione, sostenendo al contempo lo Stato di diritto e tute- lando i diritti umani,
prendendo atto del ruolo dell’OSCE nel sostenere gli sforzi degli Stati partecipanti per prevenire e combattere la corruzione,
riconoscendo che un settore pubblico basato sull’integrità, l’apertura, la trasparenza, la responsabi- lità, la reattività e lo Stato di diritto è fondamentale per prevenire e combattere la corruzione e per raggiungere una crescita economica e uno sviluppo sostenibili, migliorare il clima imprenditoriale
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e degli investimenti e contribuire agli sforzi degli Stati partecipanti volti a promuovere l’integra- zione sociale e opportunità per tutti, incluso per le donne e i giovani,
riconoscendo l’importanza della partecipazione del settore privato, della società civile, dei media e del mondo accademico agli sforzi volti a prevenire e combattere la corruzione e migliorare il buon- governo, inclusa la realizzazione dei principi di trasparenza e responsabilità,
riconoscendo che servizi di e-government accessibili, sicuri e affidabili centrati sull’utente pos- sono svolgere un ruolo chiave nell’aumentare l’efficienza e la trasparenza della pubblica ammini- strazione e nel promuovere la fiducia in essa,
riconoscendo l’importanza dell’accessibilità ai i dati delle pubbliche autorità come strumento capace di contribuire a prevenire e combattere la corruzione accrescendo la responsabilità e la tra- sparenza, consentendo ai cittadini, in conformità con la legislazione nazionale, di meglio vigilare sull’uso dei fondi pubblici e sul processo di elaborazione delle politiche,
riconoscendo l’importanza di sviluppare e utilizzare metodologie e indicatori oggettivi e dati disaggregati per misurare la corruzione e l’impatto concreto delle misure anticorruzione, in con- formità con la legislazione nazionale, e di adottare migliori politiche anticorruzione basate su ele- menti di prova,
consapevole del contributo che l’Assemblea parlamentare offre alla promozione del dialogo tra i parlamentari dell’OSCE ai fini del rafforzamento della legislazione essenziale per la prevenzione e la lotta alla corruzione, (…)
1. invita gli Stati partecipanti a prevenire e a combattere la corruzione: (a) rafforzando il buongoverno, inclusi i principi di trasparenza e responsabilità, e promuovendo l’integrità e la vigilanza; (b) impiegando strumenti digitali per rafforzare l’integrità e la responsabilità dei fornitori di ser- vizi pubblici al fine di contribuire a prevenire e combattere la corruzione, nonché a conseguire una crescita economica e uno sviluppo sostenibili, migliorare il clima imprenditoriale e degli investi- menti e facilitare gli sforzi degli Stati partecipanti per contribuire all’inclusione sociale e all’equa partecipazione economica delle donne e dei giovani; (c) rafforzando la trasparenza nella pubblica amministrazione attraverso la digitalizzazione dei sistemi cartacei e di altri sistemi analogici, in particolare negli appalti pubblici nonché, ove appro- priato, nei meccanismi esistenti per le dichiarazioni dei redditi e patrimoniali dei funzionari pub- blici e delle persone politicamente esposte, nei limiti consentiti dalla legislazione nazionale, con il debito rispetto per i dati classificati e personali; (d) promuovendo l’uso di strumenti digitali per l’individuazione precoce e la prevenzione della corruzione attraverso il rafforzamento dei processi di identificazione elettronica sicura a livello nazionale e internazionale, in linea con la legislazione nazionale applicabile; (e) adottando strumenti digitali, ove appropriato, per ridurre le barriere e gli oneri amministrativi e facilitando l’interazione tra cittadini, imprese, aziende e pubblica amministrazione; (f) promuovendo portali di e-government più trasparenti, responsabili, affidabili e accessibili allo scopo di facilitare il libero accesso alle informazioni e l’erogazione efficace di servizi pubblici;
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(g) promuovendo e utilizzando tecnologie digitali per rafforzare ed estendere la formazione con- tro la corruzione in cooperazione, se del caso, con pertinenti organizzazioni internazionali attive in questo settore; (h) incoraggiando l’istituzione e il miglioramento di meccanismi volti a garantire la trasparenza delle informazioni sulla proprietà effettiva, conformemente alla legislazione nazionale; (i) sostenendo l’educazione dei giovani, conformemente ai sistemi d’istruzione nazionali, sensibi- lizzandoli all’importanza del buongoverno, inclusa la trasparenza, e prevenendo e contrastando la corruzione anche incentivando l’acquisizione di competenze digitali, e rafforzando le misure di sensibilizzazione, anche attraverso la promozione di azioni collettive e la collaborazione tra il settore pubblico e privato e la società civile; (j) riducendo i divari digitali esistenti attraverso la promozione e il sostegno all’alfabetizzazione digitale e migliorando l’accessibilità alle risorse e alle applicazioni online della pubblica ammi- nistrazione; (k) adottando misure appropriate per garantire che siano messi a disposizione canali di segnala- zione di violazioni facilmente accessibili e sicuri, per adottare e applicare meccanismi legali che tutelino efficacemente coloro che denunciano le violazioni dalle ritorsioni e per incoraggiare per- tinenti organizzazioni a definire e attuare le necessarie salvaguardie, in conformità con la legi- slazione nazionale; (l) adottando, in conformità con la legislazione nazionale, un approccio olistico e multilaterale per incrementare l’efficacia e migliorare il coordinamento delle misure e delle iniziative anticorruzione, inclusa la promozione dell’applicazione della responsabilità sociale delle imprese; (m) promuovendo la piena, equa ed effettiva partecipazione delle donne allo sviluppo e all’attua- zione delle pertinenti attività anticorruzione, al fine di raggiungere la parità tra i sessi, tenendo conto del fatto che la corruzione colpisce in modo sproporzionato le donne e le persone vulnerabili; (n) rafforzando l’interazione e la cooperazione internazionale tra le autorità competenti e le parti interessate nel settore della lotta alla corruzione, al fine di promuovere lo scambio di informazioni, esperienze, migliori pratiche e lezioni apprese;
2. incoraggia gli Stati partecipanti dell’OSCE che non l’hanno ancora fatto a diventare Stati Parte della Convenzione delle Nazioni Unite contro la corruzione (UNCAC) e ad attuarla efficacemente;
3. incoraggia gli Stati partecipanti ad avvalersi al meglio dell’OSCE come piattaforma per il dialogo, la cooperazione, lo scambio di informazioni e la condivisione di migliori pratiche nel settore della prevenzione e della lotta alla corruzione attraverso la digitalizzazione e una maggiore trasparenza;
4. incarica le pertinenti strutture esecutive dell’OSCE, comprese le operazioni sul terreno, nell’am- bito dei loro mandati e delle risorse disponibili, di assistere gli Stati partecipanti, su loro richiesta, nell’attuazione delle disposizioni della presente decisione, anche cooperando con pertinenti orga- nizzazioni regionali e internazionali;
5. incoraggia i Partner per la cooperazione ad attuare volontariamente le disposizioni della pre- sente decisione.
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Decisione N.7/20
Prevenzione ed eliminazione della tortura e di altre pene o trattamenti crudeli, inumani o degradanti
Il Consiglio dei ministri,
condannando fermamente ogni forma di tortura e altra pena o trattamento crudele, inumano o degradante che costituisce una delle più flagranti violazioni dei diritti umani e della dignità umana, e riaffermando che la tortura e altre pene o trattamenti crudeli, inumani o degradanti sono e dovrebbero essere proibiti in qualsiasi momento e in qualsiasi luogo,
riaffermando che la libertà dalla tortura e da altre pene o trattamenti crudeli, inumani o degradanti è un diritto inderogabile ai sensi del diritto internazionale e che nessuna circostanza eccezionale, qualunque essa sia, si tratti di stato di guerra o di minaccia di guerra, di instabilità politica interna o di qualsiasi altra emergenza di ordine pubblico, può essere invocata per giustificare la tortura,
sottolineando che la proibizione della tortura è una norma perentoria del diritto internazionale senza limitazioni territoriali, che si applica in ogni momento e in ogni luogo,
profondamente preoccupati dal persistere di casi di tortura e di altre pene o trattamenti crudeli, inumani o degradanti in molte parti del mondo, anche nell’area dell’OSCE, che dilagano quale conseguenza, tra l’altro, dell’attuazione lacunosa dei pertinenti obblighi imposti dal diritto interna- zionale e dagli impegni OSCE e della perdurante impunità degli autori del reato spesso dovuta alla mancanza di indagini tempestive, indipendenti ed efficaci nonché del perseguimento di tali crimini,
profondamente preoccupati per gli atti di tortura e altre pene o trattamenti crudeli, inumani o degradanti inflitti alle persone nell’esercizio dei propri diritti umani e libertà fondamentali,
profondamente preoccupati che la tortura e altre pene o trattamenti crudeli, inumani o degradanti siano utilizzati al fine di estorcere informazioni o una confessione, (…) profondamente preoccupati che nell’area dell’OSCE si verifichino ancora casi di sparizioni forzate che costituiscono una grave violazione dei diritti umani (…),
riconoscendo che nelle situazioni di conflitto, tra cui i conflitti armati, nonché i disordini civili e le manifestazioni di massa, particolare attenzione dovrebbe essere data alla prevenzione della tortura e di altre pene o trattamenti crudeli, inumani o degradanti,
riaffermando che tutti gli Stati partecipanti devono adempiere pienamente tutti gli obblighi sotto- scritti ai sensi del diritto internazionale umanitario e del diritto internazionale dei diritti umani,
ribadendo che, conformemente alle Convenzioni di Ginevra del 1949, gli atti di tortura o tratta- mento disumano costituiscono gravi violazioni delle stesse, e che tali atti di tortura o trattamento disumano in un conflitto armato rappresentano serie violazioni del diritto internazionale uma- nitario e in quanto tali si configurano come crimini di guerra e possono costituire un crimine contro l’umanità e che gli autori di tali atti di tortura devono essere perseguiti e puniti in ottem- peranza alla condanna di un tribunale,
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rammentando agli Stati partecipanti che la detenzione prolungata in isolamento o la detenzione in luoghi segreti possono facilitare la tortura e altre pene o trattamenti crudeli, inumani o degra- danti e ne sono già di per sé una manifestazione,
riconoscendo che la corruzione dilagante, anche tra i rappresentanti delle forze dell’ordine e dell’am- ministrazione giudiziaria, può incidere negativamente sulla lotta contro la tortura e altre pene o trat- tamenti crudeli, inumani o degradanti, pregiudicando, tra l’altro, le tutele fondamentali e impedendo alle vittime di adire efficacemente le vie legali e ottenere riparazione e risarcimento in giudizio,
sottolineando l’importanza di mantenere efficaci garanzie giuridiche e procedurali a tutela delle persone in stato di detenzione, sin dalle prime fasi della custodia cautelare, quale efficace deter- rente per prevenire la tortura e altre pene o trattamenti crudeli, inumani o degradanti,
riconoscendo che le donne e le ragazze private della libertà sono maggiormente esposte al rischio di tortura o di altre pene o trattamenti crudeli, inumani o degradanti, e riconoscendo l’importanza di adottare un approccio sensibile alle specificità di genere nella lotta contro la tortura e altre pene o trattamenti crudeli, inumani o degradanti che tenga conto di tale rischio e delle esigenze proprie delle donne e delle ragazze, prestando particolare attenzione tra l’altro alla violenza sessuale e di genere e tenendo conto delle Regole delle Nazioni Unite relative al trattamento delle donne dete- nute e delle donne autrici di reato in misura non detentiva (Regole di Bangkok),
riconoscendo l’importanza di adottare un approccio incentrato sulla vittima nella lotta contro la tor- tura e altre pene o trattamenti crudeli, inumani o degradanti che tenga in debita considerazione le opinioni e le esigenze specifiche delle vittime e dei loro familiari nella definizione di politiche e altre attività relative alla riabilitazione, alla prevenzione e all’accertamento delle responsabilità a seguito di tortura e altre pene o trattamenti crudeli, inumani o degradanti,
riconoscendo che per contrastare efficacemente la tortura e altre pene o trattamenti crudeli, inu- mani o degradanti è necessario un approccio integrato e incentrato sulla vittima che comprenda la prevenzione, l’accesso alla giustizia, l’accertamento delle responsabilità degli autori del reato, la riparazione e il diritto legalmente esercitabile a un risarcimento equo ed adeguato che com- prenda i mezzi necessari ad una riabilitazione quanto più completa possibile,
riconoscendo che gli Stati partecipanti devono salvaguardare i diritti e tutelare i diritti umani delle persone private della loro libertà, tra cui anche i condannati alla pena capitale, conformemente ai loro obblighi internazionali, riaffermando che tutte le persone private della loro libertà saranno trattate con umanità e con rispetto per la dignità intrinseca dell’essere umano e riconoscendo l’importanza per gli Stati par- tecipanti di adottare sistematicamente misure adeguate al fine di migliorare le condizioni di deten- zione e assicurare in tal modo un maggior rispetto dei loro diritti umani e della loro dignità, (…),
rimarcando le disposizioni d ell’UNCAT secondo le quali qualsiasi atto di tortura, tentativo di pra- ticare la tortura e qualunque complicità o partecipazione all’atto della tortura costituisce un reato in virtù del diritto penale nazionale vigente, passibile di pene adeguate che ne prendano in consi- derazione la gravità, e secondo le quali nessuna dichiarazione o confessione che si ritenga sia stata estorta con la tortura può essere invocata in alcun caso come elemento di prova in un procedi- mento, se non contro la persona accusata di tortura al fine di stabilire che il reato è stato commesso,
riconoscendo il ruolo incisivo che i meccanismi di prevenzione internazionali, regionali e nazio- nali o altri organismi pertinenti, comprese le istituzioni nazionali per i diritti umani, possono svol- gere nella prevenzione degli atti di tortura e altre pene o trattamenti crudeli, inumani o degradanti
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nonché l’importanza di collaborare con gli esperti internazionali incaricati di assistere gli Stati partecipanti nell’attuazione dei loro impegni volti a prevenire la tortura e altre pene o trattamenti crudeli, inumani o degradanti,
rilevando la necessità di garantire che nessuna autorità o pubblico ufficiale ordini, applichi, per- metta o tolleri sanzioni, ritorsioni o intimidazioni contro persone, gruppi o associazioni che si sono messe o hanno cercato di mettersi in contatto con organismi o meccanismi nazionali o inter- nazionali competenti attivi nella prevenzione e nella lotta contro la tortura e altre pene o tratta- menti crudeli, inumani o degradanti,
sottolineando che gli ordinamenti giuridici nazionali devono assicurare alle vittime di tortura e di altre pene o trattamenti crudeli, inumani o degradanti un effettivo accesso alla giustizia, compreso l’avvio tempestivo di indagini imparziali e rigorose senza timore di subire ritorsioni per la denuncia sporta o qualsiasi deposizione rilasciata e devono garantire alle vittime il diritto legalmente eser- citabile a una riparazione e ad un risarcimento equo ed adeguato che comprenda i mezzi neces- sari per una riabilitazione quanto più completa possibile,
plaudendo al perdurante impegno della società civile a livello nazionale ed internazionale per pre- venire e contrastare efficacemente la tortura e le altre pene o trattamenti crudeli, inumani o degra- danti, e alleviare le sofferenze delle vittime,
rilevando l’importanza della cooperazione tra l’OSCE e altre organizzazioni e meccanismi inter- nazionali e regionali al fine di promuovere programmi di collaborazione multilaterali e sinergie efficaci, evitando inutili sovrapposizioni, che possano contribuire in maniera incisiva a prevenire e contrastare la tortura e altre pene o trattamenti crudeli, inumani o degradanti, (…)
invita gli Stati partecipanti a: 1. rispettare il divieto assoluto di ogni forma di tortura e altre pene o trattamenti crudeli, inu- mani o degradanti (…), attuare pienamente e in buona fede le sue disposizioni e agire conforme- mente ai suoi principi; (…)
5. rinunciare o astenersi dal ricorso a tecniche di interrogatorio assimilabili alla tortura e ad altre pene o trattamenti crudeli, inumani o degradanti, ivi compreso allo scopo di estorcere dichiara- zioni o una confessione;
6. mettere in atto efficaci garanzie giudiziarie e procedurali in tutte le fasi della detenzione, a par- tire dalla custodia cautelare;
7. rispettare le salvaguardie relative alla libertà, alla sicurezza e alla dignità della persona e assicu- rare che siano abolite la detenzione prolungata in isolamento e la detenzione e gli interrogatori in luoghi segreti nella consapevolezza che tale detenzione può facilitare la tortura e altre pene o trat- tamenti crudeli, inumani o degradanti e che ne è già di per sé una manifestazione;
8. provvedere affinché qualsiasi atto di tortura, tentativo di praticare la tortura e qualunque compli- cità o partecipazione all’atto della tortura costituisca un reato ai sensi del diritto penale nazionale vigente integrando la definizione di tortura di cui all’articolo 1 dell’UNCAT e comminare pene adeguate che ne prendano in considerazione la gravità, e proibire che dichiarazioni o confessioni estorte con la tortura e altra pena o trattamento crudele, inumano o degradante possano essere
425 Tirana 2020
addotte come elemento di prova in un procedimento, se non contro la persona accusata di tortura al fine di stabilire che il reato è stato commesso;
9. garantire che qualsiasi persona detenuta o imprigionata o i suoi legali abbiano il diritto di pre- sentare una richiesta o sporgere una denuncia presso le autorità competenti in merito al tratta- mento della persona detenuta o imprigionata, in particolare qualora si presuma che sia stata inflitta tortura o altra pena o trattamento crudele, inumano o degradante; tale richiesta o denuncia verrà prontamente esaminata ed evasa senza indebiti ritardi e né la persona detenuta o imprigionata né il denunciante o i testimoni subiranno maltrattamenti o ritorsioni a seguito della richiesta presen- tata, della denuncia sporta e delle prove fornite;
10. integrare l’insegnamento e l’informazione sul divieto della tortura e di altre pene o trattamenti crudeli, inumani o degradanti nel percorso di formazione del personale preposto all’applicazione della legge, di quello civile, militare e medico, dei funzionari pubblici e altre persone che possono intervenire nella custodia, nell’interrogatorio o nel trattamento di qualsiasi persona arrestata, detenuta o imprigionata, compreso, ove appropriato, l’insegnamento sull’uso proporzionato della forza, sulle più moderne tecniche scientifiche di analisi investigativa dei reati e sulla importanza fondamentale di riferire alle autorità superiori qualsiasi caso di tortura e altra pena o trattamento crudele, inumano o degradante;
11. sostenere le iniziative messe in atto dai pertinenti attori nazionali, quali i meccanismi di pre- venzione nazionali, le istituzioni nazionali per i diritti umani o altri organismi o meccanismi attivi nella prevenzione della tortura e di altre pene o trattamenti crudeli, inumani o degradanti e, per gli Stati firmatari dell’OPCAT, adempiere l’obbligo di designare o istituire meccanismi di preven- zione nazionali che siano indipendenti, efficaci e dispongano di risorse adeguate;
12. assicurare la piena e sistematica cooperazione tra governi, in linea con i rispettivi obblighi sot- toscritti ai sensi del diritto internazionale, con gli organismi o meccanismi internazionali di pre- venzione vigenti (…) nonché con pertinenti organismi nazionali, quali le istituzioni nazionali per i diritti umani, incluso l’accesso incondizionato ai luoghi di detenzione se tale accesso è contem- plato come vincolante per gli Stati partecipanti ai sensi del diritto internazionale;
13. cooperare pienamente con il Comitato internazionale della Croce Rossa (CICR) in conformità con gli obblighi degli Stati partecipanti ai sensi del diritto internazionale umanitario;
14. assicurare che tutti i presunti casi di tortura o altre pene o trattamenti crudeli, inumani o degra- danti e qualora vi siano ragionevoli motivi di credere che un atto di tortura sia stato commesso siano esaminati prontamente, in maniera rigorosa, approfondita e imparziale da autorità nazionali competenti e indipendenti e garantire la protezione del denunciante o dei testimoni da qualsiasi maltrattamento e intimidazione a seguito della denuncia sporta o delle prove fornite;
15. garantire che quanti incoraggiano, istigano, ordinano, tollerano, consentono, autorizzano o com- mettono atti di tortura o altra pena o trattamento crudele, inumano o degradante siano ritenuti responsabili delle proprie azioni e siano assicurati alla giustizia e puniti in maniera commensurata alla gravità del reato commesso, compresi i funzionari responsabili di qualsiasi luogo di detenzione o di privazione della libertà personale in cui sia stato perpetrato il reato;
16. fornire compensazioni alle vittime della tortura o altra pena o trattamento crudele, inumano o degradante, che comprendano il diritto a una riparazione adeguata, efficace e tempestiva, tra cui un risarcimento equo e adeguato, riabilitazione, indennizzo e garanzie contro la reiterazione del reato, tenendo pienamente conto delle esigenze specifiche delle vittime;
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17. assicurare l’erogazione immediata di adeguati servizi di riabilitazione senza discriminazione alcuna per tutte le vittime e porre in essere provvedimenti efficaci per garantire un accesso in sicu- rezza e in un contesto favorevole ai servizi di riabilitazione per le vittime di tortura;
18. esaminare la possibilità di varare provvedimenti a sostegno delle persone vittime della tor- tura o di altra pena o trattamento crudele, inumano o degradante, compresi i figli delle vittime e altri familiari stretti;
19. promuovere tra le vittime la divulgazione di informazioni sulla disponibilità di servizi di ria- bilitazione e sincerarsi le procedure di erogazione di tali servizi siano trasparenti;
20. sostenere le iniziative promosse dalle organizzazioni della società civile a favore della preven- zione e della lotta contro la tortura e altre pene o trattamenti crudeli, inumani o degradanti, incen- tivarne la partecipazione attiva, ove appropriato, e avvalersi di informazioni in loro possesso in merito a presunti casi di tortura o altre pene o trattamenti crudeli, inumani o degradanti;
21. varare provvedimenti efficaci a livello legislativo, amministrativo, giudiziario e altro al fine di prevenire e vietare la produzione, il commercio, l’esportazione, l’importazione e l’uso di stru- menti che in pratica possono essere usati solo per la tortura o altra pena o trattamento crudele, inumano o degradante;
22. continuare ad avvalersi o ad attingere alla consulenza, esperienza e assistenza dell’ODHIR in materia di prevenzione e di lotta contro la tortura e altre pene o trattamenti crudeli, inumani o degradanti.
427 Indice
A autodeterminazione, diritto di 5, 38, 71, 87
alloggio – cfr. diritti economici e sociali B alternative all’incarcerazione 94, 295 bambini Alto Commissario per le minoranze nazio- generale 155, 385 nali – cfr. minoranze nazionali Convenzione sui Diritti del Bambino 60, anti-corruzione – cfr. corruzione 151, 281, 305, 401 diritti dei 151 antisemitismo 66, 67, 71, 84, 85, 99, 117, 121, educazione dei – cfr. Rom e Sinti 122, 125, 127, 133, 135, 140, 143, 154, 165, Protocolla Opzionale alla Convenione suit 168, 185, 186, 190, 228, 229, 238, 239, 241, Diritti del Bambino, sull vendita dei 243, 244, 272, 273, 299, 300, 322, 342, 376, bambini, la prostituzione dei bambini 377 – cfr. anche tolleranza e non discrimi- e la pornografia 158, 211, 277, 281 nazione sfruttamento sessuale dei 305, 306, 307, anti-terrorismo – cfr. terrorismo 319, 320 traffico dei, tratta dei 158, 177, 197, 200, anti-tratta – cfr. tratta di esseri umani 416 apolidi 154, 321, 323 – cfr. anche nazionalità/ cittadinanza C arresto arbitrario generale 41, 276, 408, 409 Carta delle Nazioni Unite 3–6, 28, 71, 87, 91, Codice di condotta delle Nazioni Unite per 111, 132, 135, 153, 157, 163, 175, 181, 185, i funzionari responsabili dell’applica- 188, 309, 324, 332, 337, 340, 355, 365, 390, zione delle leggi 42 392, 397 Norme delle Nazioni Unite sugli Carta per la prevenzione e la lotta al terrori- standard minimi per il Trattamento smo 173, 174, 183, 235, 237 dei detenuti 42 circolazione, libertà di – cfr. libertà di circo- arruolamento forzato 155 lazione asilo cittadinanza – cfr. nazionalità/cittadinanza diritto di chiedere 155 richiedenti asilo 194, 230, 267, 314 clausole in deroga 63, 95
Assemblea Parlamentare dell’OSCE 150, 155, Codice di condotta relativo agli aspetti politi- 165, 191, 230 co-militari della sicurezza 132, 164, 177
assimilazione (di minoranze nazionali conro commercio di esseri umani – cfr. tratta di la loro volonta) 65, 82 esseri umani
associazione, libertà di 59 communicazione, diritto alla – cfr. anche libertà di espressione, informazione, libertà attuazione – cfr. obbligo di attuazione dei media autoctone, popolazioni 78, 117, 281
428 Indice
comunicazione, diritto alla – cfr. anche D libertà di espressione, informazione, libertà dei media democrazia generale 63, 69, 71, 91, 102, 119, 154, 188 comunicazioni elettroniche, protezione il diritto dei propri cittadini di partecipare delle 94 al governo 57 condizioni lavorative istituzioni democratiche 63, 71, 80, 81, 83, generale 54, 63, 118, 317 96, 97, 102, 104, 105, 113, 114, 119, 120, per i giornalisti 14, 48, 146 124, 127, 136, 143, 152, 163, 164, 170, 188, 191–193, 243, 261, 268, 292, 294, 302, Consiglio d’Europa, cooperazione con il 125, 324, 340, 356 140, 148, 159, 169, 179, 199, 230, 282, 350 pluralismo politico 54, 55, 64, 70, 81 contatti fra persone 9, 30, 44, 46, 51, 55, 62, deportazione di massa – cfr. tolleranza e non 130, 141 discriminazione controterrorismo – cfr. terrorismo detenzione, arbitraria – cfr. arresto arbitrario Convenzione Europea per la Tutela dei Diritti Dichiarazione Universale dei Diritti dell’Uomo e delle Libertà Fondamentali dell’Uomo 4, 29, 41, 48, 63, 92 generale 57, 72, 185 Sesto Protocollo della Convenzione diritti civili e politici Europea per la Tutela dei Diritti generale 40, 63 dell’Uomo e delle Libertà Convenzione Internazionale sui Diritti Fondamentali 61 Civili e Politici 39, 41, 48, 57, 61, 63, 92, 97, 276, 287, 330, 397 corrispondenza, protezione della 94 diritti culturali/patrimonio culturale corruzione generale 30, 31, 39, 63, 72, 244 generale 156, 193, 196, 237, 365, 378, 395, creatività 75, 97 420 libertà della creazione artistica 75, 97 Convenzione delle Nazioni Unite contro la vita intellettuale e culturale 97 corruzione 196, 238, 290, 294, 295, 367, 379, 380, 395, 396, 422 diritti d’autore 17, 49, 58 – cfr. anche pro- prietà intellettuale coscienza, libertà di – cfr. libertà di pensiero, di coscienza, di religione o di credo diritti economici e sociali generale 152, 220 creatività – cfr. diritti culturali/patrimonio alloggio 31, 40, 49, 63, 82, 118, 211, 327 culturale assicurazione sociale 10, 40, 63, 118 creazione artistica 75, 97 Convenzione Internazionale sui Diritti Economici, Sociali e Culturali 39, 57, credo, libertà di – cfr. libertà di pensiero, di 303 coscienza, di religione o di credo giustizia sociale 54, 63, 69, 70, 104, 144, crimine organizzato 105, 144, 150, 152, 165, 236, 247, 337 176, 177, 192, 263, 269, 278, 293, 419 impiego 22, 43, 94, 134, 142, 165, 197, 200, 210, 215, 218, 219, 265, 314, 318, 328, 360, crimini ispirati dall’odio 239, 241–243, 364, 403, 414, 415 272–274, 297, 299, 301, 302, 321–323, salute 40, 63, 189, 190, 215, 220, 261, 373, 350–352, 373, 377 – cfr. anche tolleranza 374 e non discriminazione diritti innati, diritti umani come 69 diritti sociali – cfr. diritti economici e sociali diritti umani difensori dei 138
429 Indice
educazione ai – cfr. istruzione G istituzioni per i – cfr. difensori civici e isti- tuzioni nazionali per i genere, questioni di genere 384 diritto internazionale Convenzione sull’Eliminazione di tutte obblighi di – cfr. obblighi di diritto inter- le forme di Discriminazione Contro la nazionale Donna (CEDAW) 40, 98, 281, 347 principi generalmente riconosciuti di 5 integrazione della dimensione di diritto umanitario – cfr. diritto internazio- genere 250, 278, 280, 285 nale umanitario parità dei diritti dell’uomo e della donna 29, 40, 69, 98, 155, 246, 247, 348, diritto umanitario internazionale 363, 366, 373, 380, 411 generale 118, 119, 122, 127, 134, 141, 150, Piano d’azione dell’OSCE per le pari 155, 298, 390, 392 opportunità 228 Convenzioni di Ginevra e i loro relativi Piano di azione 2004 dell’OSCE per la pro- Protocolli 119, 134, 141, 423 mozione della parità fra i sessi 246, 247, disabilità, persone con 414, 415 384 sfruttamento sessuale 155, 158, 178, 200, discriminazione – cfr. genere, questioni 207, 245, 256, 305–307, 319, 320, 358, di genere; Rom e Sinti; tolleranza e non 401, 403–406, 411, 416 – cfr. anche tratta discriminazione di esseri umani domicilio, protezione del 49, 94 genocidio donne, diritti delle – cfr. genere, questioni di Convenzione per a prevenzione e la puni- genere zione dei reati di genocidio 236, 325, 337 giornalisti – cfr. libertc di espressione, infor- mazione, libertà dei media; condizioni E lavorative elezioni giovani, ragazzi 11, 31, 34, 43, 47, 50, 60, 72, generale 55, 69, 137, 155, 187, 230, 310 79, 85, 179, 194, 207, 219, 220, 230, 244, educazione degli elettori 224, 373 274–276, 279–282, 301, 321, 322, 372–374, emergenza pubblic – cfr. stato di emergenza 376, 377, 379, 385, 386, 388–390, 393, 407, pubblica; cfr. anche clausole in deroga 412–415, 421, 422 esilio, arbitrario – cfr. arresto arbitrario giustizia sociale – cfr. diritti economici e sociali espansione, territoriale – cfr. espansionismo territoriale giusto processo, diritto a un 276, 277, 287 espansionismo territoriale – cfr. tolleranza e non discriminazione I estremismo 152, 164, 168, 170, 185, 186, 190, imparzialità – cfr indipendenza della magi- 193, 194, 195, 228, 236, 273, 300, 315, 322, stratura 332, 333, 334, 337, 342, 351, 385, 386, 387, 388, 389, 391, 392, 393 – cfr. anche tolle- indipendenza della magistratura 92, 287, 295 ranza e non-discriminazione informazione, libertà di – cfr. libertà di espressione, informazione, libertà dei media F integrità territoriale degli stati 2, 3, 5, 66, 71, formazione professionale 43, 60, 219, 352, 87, 154 414, 415
430 Indice
Internet libertà di creazione artistica – cfr. diritti cul- Lotta allo sfruttamento sessuale dei bam- turali/patrimonio culturale bini su Internet 319 libertà di espressione, informazione, libertà lotta all’uso di Internet per scopi terrori- dei media 58, 69, 75, 76, 92, 94, 96, 141, stici 235, 298 146, 147, 150, 166, 168, 193, 218, 243, 296, o essere alimentati da una propaganda 322, 323, 352, 385, 407, 408, 409 razzista, xenofoba e antisemita in Internet 229, 239, 272, 297 Libertà di movimento – cfr. anche migrazione Promozione della tolleranza e della libertà di pensiero, coscienza, religione libertà dei mezzi di informazione in o credo Internet 239, 242 generale 4, 154, 184, 229, 272, 370 Islamofobia – cfr. Musulmani, intolleranza istruzione religiosa 40 verso; tolleranza e non discriminazione libertà di stampa/libertà dei media istituzioni nazionali per i diritti umani 383, diritto a conoscere i propri diritti e doveri 424, 426 in questo campo e di agire in conse- guenza 4, 28, 39, 70 istruzione – cfr. anche Rom e Sinti giornalisti – cfr. condizioni lavorative generale 34, 39, 120, 141, 194, 244, 415, 422 Rappresentante OSCE per la Libertà dei accesso all’ 98, 221, 222, 223, 305, 329, 349, Mezzi d’Informazione 146, 186, 243, 410 350, 364, 413 con riferimento a tolerranza e non discri- limitazioni ai diritti umani, legittime – cfr. minazione 125, 168, 273, 298, 321, 352 clausole in deroga con riferimento a tolleranza e non discri- minazione – cfr. anche tolleranze e non discriminazione M con riferimento a tratta di esseri magistratura, indipendenza della – cfr. indi- umani 211, 303, 359, 405 pendenza della magistratura nel campo dei diritti dell’uomo 99, 117, 275, 301, 377, 402 meccanismi della dimensione umana Comitato sulla dimensione umana 308 istruzione religiosa – cfr. anche liberta di Meccanismo di Mosca 126, 136 pensiero, di coscienza, di religione o di meccanismo di Vienna 51, 60, 97, 114 credo; cfr. istruzione meccanismo OSCE per fornire assistenza agli Stati partecipanti nella lotta alla tratta di esseri umani 198, 244, 278, 291, L 417 lavoratori, diritti dei 62, 97, 140 Rete antiterrorismo 192, 231, 298 lavoratori migranti 7, 30, 42, 43, 62, 73, 97, meccanismo della dimensione umana 98, 117, 118, 140, 194, 229, 268, 291 generale 67, 68, 72, 86, 88, 89, 97, 114 lavoro forzato 178, 200, 207, 283, 284, 303, media liberi – cfr. libertà di espressione, 304, 403, 416 – cfr. anche tratta di esseri informazione, libertà dei media umani media, libertà dei – cfr. libertà di espressione, libertà dei media – cfr. libertà di espressione, informazione, libertà dei media informazione, libertà dei media migrazione 118, 178, 189, 193, 196, 263, libertà di associazione – cfr. associazione, 266, 268, 273, 290, 319, 340, 345, 350, 356, libertà di 394 – cfr. anche asilo, diritto a richiedere; richiedenti asilo; sfollati; rifugiati libertà di coscienza – cfr. libertà di pensiero, coscienza, religione o di credo
431 Indice
minoranze nazionali obiezione di coscienza – cfr. libertà di pen- generale 4, 20, 24, 29, 41, 47, 49–51, 64–66, siero, coscienza, religione o credo 70, 71, 76, 80–86, 97, 104, 106–109, 116, occupazione – cfr. diritti economici e sociali 123, 125, 128, 136, 139, 144, 151, 152, 154, 164, 168, 185, 188, 190, 193, 207, 229, ODIHR, Ufficio per le Istituzioni 236, 267, 321, 323, 325, 337, 342, 356 Democratiche e i Diritti dell’Uomo 101, Alto Commissario per le Minoranze 102, 106, 122, 124, 126, 130, 131, 136, 147, Nazionali 106, 122–125, 131, 136, 147, 154, 191, 198 151, 154, 164, 191 Olocausto 221, 236, 274, 299, 336, 337, 377 minoranzi – cfr. minoranze nazionali ONG/organizzazioni non-governative 15, 33, Mosca, Meccanismo di – cfr. meccanismi 49, 59–62, 65, 73, 78, 84, 89, 97, 100, 102, della dimensione umana 103, 109, 111, 112, 115, 118, 125, 136, 138, 155, 159, 167, 179, 195, 198, 203, 216, 226, multi-culturalismo – cfr. tolleranza e non 230, 262, 274, 282, 292, 307, 326 – cfr. anche discriminazione società civile Musulmani – cfr. anche tolleranza e non discriminazione P Musulmani, intolleranza verso 186, 322, 371, 378 parità di diritti tra i popoli – cfr. autodeter- minazione parità di diritti tra uomini e donne – cfr. N genere, questioni di genere nazionalismo aggressivo 104, 117, 122, 125, partiti politici 56, 58, 65, 116, 223, 300, 127, 133, 135, 140, 143, 144, 154, 164, 168, 348 – cfr. anche libertà di associazione 185, 186, 190, 228, 300, 322, 342 – cfr. anche tolleranza e non discriminazione patrimonio, culturale – cfr. diritti culturali/ patrimonio culturale nazionalità/cittadinanza 83, 119, 154, 215, 275 – cfr. anche apolidia, apolidi Patto Internazionale sui Diritti Civili e Politici – cfr. Convenzione Internazionale Nazioni Unite sui Diritti Civili e Politici Convenzioni e protocolli delle – cfr. dati rileventi pena cooperazione con le 4, 136, 137, 163, 165, capitale – cfr. pena di morte 185, 204, 220, 221, 271, 314, 326, 344, degradante – cfr. tortura e trattamenti 370, 383, 387, 399, 413 o punizioni crudeli, inumani o degra- danti non-applicabilità del principio di non-inter- vento 81, 87, 104, 132, 153, 324, 355, 356 pena di morte generale 42, 61, 97, 119, 138, 424 non-discriminazione – cfr. tolleranza e non Secondo Protocollo Facoltativo della discriminazione Convenzione Internazionale sui Diritti Civili e Politici 61, 97 O Sesto Protocollo della Convenzione Europea per la Tutela dei Diritti obblighi di diritto internazionale, conflitto dell’Uomo e delle Libertà tra 6 Fondamentali 61 obbligo attuativo – cfr. clausole in deroga pensiero, libertà di – cfr. libertà di pensiero, obbligo di stato – cfr. obbligo di attuazione di coscienza, di religione o credo
432 Indice
persecuzione 67, 71, 378, 392 – cfr. anche tol- Rappresentante OSCE per la Libertà dei leranza e non discriminazione Mezzi d’Informazione – cfr. libertà di espressione, informazione, libertà dei pluralismo politico – cfr. democrazia media pratica psichiatrica o altra pratica razzismo – cfr. tolleranza e non discrimina- medica – cfr. anche tortura zione pratica psichiatrica o altra pratica medica, reclusione, arbitraria – cfr. arresto arbitrario arbitrario 42 reclutamento, forzato – cfr. reclutamento pratiche mediche, arbitrarie – cfr. tortura; obbligatorio torture e trattamenti o punizioni crudeli, inumani o degradanti religione, libertà di – cfr. libertà di pensiero, coscienza, religione o credo presunzione di innocenza – cfr. processo equo, diritto a residenza, libertà di – cfr. libertà di circola- zione previdenza sociale – cfr. diritti economici e sociali ricorso, strumenti efficaci – cfr.rimedi effi- caci, diritto a prigione riforma dei sistemi carcerari 157, 166, 170 rifugati trattamento dei detenuti, diritti dei dete- Convenzione del 1951 relativa allo status nuti – cfr. tortura e trattamenti o puni- dei rifugiati 155, 167, 175, 225 zioni crudeli, inumani o degradanti rifugiati – cfr. anche migrazione principio di non-intervento – cfr. non-appli- generale 41, 105, 118, 122, 124, 141, 143, cabilità del principio di non-intervento 150, 155, 165, 167, 175, 199, 211, 225, 230, 234, 263, 264, 280, 283, 289, 313, 321, procedura penale 57, 166 – cfr.anche pro- 323, 333, 342, 343, 386, 390, 392, 394, cesso giusto, diritto a un 399 professione forense, indipendenza della – cfr. non-refoulement, principio di 211 indipendenza della magistratura rimedi efficaci, diritto a 39, 59, 70, 221, 281, proprietà, diritti di – cfr. anche proprietà 349, 359, 373, 403 intellettuale rimpatriati 30, 141, 143, 393 – cfr. anche proprietà intellettuale 49, 58, 76 migrazione prostituzione 98, 158, 200, 211, 244, 256, 277, risarcimento – cfr. anche arresto arbitrario 281, 305, 306 – cfr. anche genere, questioni risarcimento, diritto al 93, 94, 304, 328, 360, di genere, bambini 424, 425, 426 protezione dei dati 202, 351, 381, 405, 417, riunificazione delle famiglie 10, 30, 43, 44 418 riunione, diritto di 58, 150 pulizia etnica – cfr. tolleranza e non discri- minazione riunione, libertà di – cfr. riunione, diritto di Punto di contatto per i problemi dei Rom Rom e Sinti e dei Sinti – cfr. Rom e Sinti generale 139, 151, 154, 169, 194, 213, 281, 328, 348, 372 Piano d’azione per migliorare la situa- R zione dei Rom e dei Sinti nell’area radicalizzazione – cfr. terrorismo dell’OSCE 194, 213, 214, 228, 323, 328, 348, 372
433 Indice
Punto di contatto dell’ODIHR per le stato di diritto 69–72, 75, 80, 81, 87, 88, 91, questioni relative ai Rom e ai Sinti 94, 95, 98, 102, 104, 113, 124, 130, 135, 136, (CPRSI) 139, 149, 151, 169, 178, 186, 207, 138, 144, 150–157, 161, 164–166, 168, 170, 216, 226, 227, 329, 359 173, 175, 176, 188, 190–196, 228, 234, 236, 238, 247, 272, 276, 280, 287, 289, 294, 296, 298, 299, 313, 314, 321, 325, 330–333, 335, S 337, 340, 343, 350, 356, 361, 365–367, 369, salute – cfr. diritti economici e sociali 379, 386, 388, 389, 391, 395, 401 schiavitù 177, 178, 200, 207, 256, 277, 283, stato di emergenza pubblica 63, 95, 96 325, 358, 403 sciopero, diritto allo – cfr. associazione, T libertà di tecnologie di informazione e comunica- separazione dei poteri – cfr. democrazia zione 166, 176, 397, 404 servizio militare, esenzione dal – cfr. obie- terrorismo zione di coscienza Convenzione delle Nazioni Unite sulla Soppressione dei finanziamenti del ter- sfollati – cfr. anche asilo, diritto a richiedere; rorismo 166 richiedenti asilo; migrazione; rifugiate estremismo violento e radicalizzazione che generale 143, 150, 155, 207, 225, 230, 280, conducono 152, 168, 170, 185, 186, 190, 342 193, 195, 228, 273, 315, 332, 333, 334, Principi guida delle Nazioni Unite sugli 342, 351, 385–389, 391–393 sfollamenti interni 225, 230 Piano d’Azione di Bucarest per la Lotta al sfollati interni – cfr. sfollati; migrazione Terrorismo 161, 180, 200, 235, 237, 269, sfruttamento sessuale – cfr. bambini; genere, 353 questioni di genere Rete antiterrorismo 192 Unità di azione contro il terrorismo del sindicati – cfr. associazione, libertà di Segretariato dell’OSCE 231, 235, 314 Sinti e Rom – cfr. Rom e Sinti tolleranza e non discriminazione società civile 133, 136, 155, 164, 167, 176, generale 117, 140, 184, 228, 272, 323 185, 189, 192, 193, 196, 203, 204, 206, Convenzione Internazionale sull’Elimina 209, 230, 235, 274, 276, 278, 282, 294, zione di tutte le Forme di Discrimina 295, 298, 300–303, 307, 315, 317, 318, 322, zione Razziale 117, 214, 215 323, 325, 327, 333, 334, 338, 345, 350, 352, tortura e trattamenti o punizioni crudeli, 356, 359–362, 365, 367, 368, 370, 373, 374, inumani o degradanti 377–379, 380, 383, 386, 387, 389, 391, 393, generale 42 395–397, 402, 404, 405, 410, 412, 413, 415, Commissione ONU contro la Tortura 60 416, 419, 421, 422, 425, 427 – cfr. anche Convenzione delle Nazioni Unite contro la ONG/organizzazioni non-governative; tortura e altre pene o trattamenti cru- difensori dei diritti umani deli, disumani o degradanti 42, 60, 139, stampa, libertà di – cfr. libertà di espressione, 276, 277, 287, 337 informazione, libertà dei media Convenzione Europea per la Prevenzione della Tortura e dei Trattamenti o delle Pene Disumani o Degradanti 139 Relatore speciale sulla tortura e altri tratta- menti o pene crudeli, disumani o degra- danti 139
434 Indice
tratta di esseri umani U generale 189, 192, 193, 196–213, 227, 244, 245, 250, 251, 255, 263, 264, 266, 269, Ufficio per le Libere Elezioni 73, 82, 96, 277, 278, 281–284, 291–294, 302–305, 101 – cfr. anche ODIHR 307, 316, 326, 327, 328, 330, 341, 342, 356, Unione Europea, cooperazione con 159, 167, 358, 359, 360, 363, 364, 370, 374, 375, 179, 199, 230, 282, 329, 350 395, 401–406, 411, 416–418 universalità dei diritti umani 4, 28, 29, 35, Convenzione delle Nazioni Unite contro 38, 243, 287, 324, 325, 330, 338, 358 la criminalità organizzata transnazio- nale 161, 165, 200, 201, 209, 244, 255, 269, 271, 277, 281, 283, 290, 294, 303, V 305, 316, 358 Meccanismi Nazionali di Riferimento 179, Vienna Meccanismo di – cfr. meccanismi 204, 209 della dimensione umana Piano di azione dell’OSCE per la lotta alla violenza tratta di esseri umani 197–199, 244, contro i bambini 212, 280, 281, 282, 306, 245, 250, 255, 278, 283, 284, 291, 303, 381, 412, 413 316–318, 326, 375, 403–405 contro le donne 98, 169, 170, 212, 256, 280, Protocollo contro il traffico di migranti per 281, 282, 347, 380–383, 411–413 via terrestre, aerea e marittima 178 contro le minoranze – cfr. tolleranza e non Protocollo delle Nazioni Unite per pre- discriminazione venire, reprimere e punire la tratta di esseri umani 281, 304 vita, diritto alla – cfr. pena di morte; pena di Rappresentante speciale per la lotta alla morte tratta di esseri umani 245, 293, 303 vita familiare, rispetto per la 94 trattamento, degradante – cfr. tortura e trat- vita privata, rispetto della 94 tamenti o punizioni crudeli, inumani o degradanti Z tribunale, indipendente – cfr. tolleranza e non discriminazione zingari – cfr. Rom e Sinti
435
Обязательства ОБСЕ в области человеческого измерения Том 2 Сборник документов в хронологическом порядке
Четвертое издание Обязательства ОБСЕ в области человеческого измерения Том 2 Сборник документов в хронологическом порядке
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Опубликовано Бюро ОБСЕ по демократическим институтам и правам человека (БДИПЧ) Ul. Miodowa 10 00-251 Warsaw, Poland www.osce.org/odihr
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Заключительный акт Совещания по безопасности и сотрудничеству в Европе Хельсинки, 1975 г. 1
Итоговый документ мадридской встречи 1980 г. (Вторая Встреча в рамках дальнейших шагов) Мадрид, 1983 г. 29
Документ стокгольмской конференции по мерам укрепления доверия и безопасности и разоружению в Европе Стокгольм, 1986 г. 38
Итоговый документ венской встречи 1986 г. (Третья Встреча в рамках дальнейших шагов) Вена, 1989 г. 40
Доклад о выводах и рекомендациях совещания по защите окружающей среды София, 1989 г. (принят в Вене в 1990 г.) 57
Документ боннской конференции по экономическому сотрудничеству в Европе Бонн, 1990 г. 58
Документ копенгагенского совещания Конференции по человеческому измерению СБСЕ Копенгаген, 1990 г. 59
Парижская Хартия для новой Европы Париж, 1990 г. 74
Документ краковского симпозиума по культурному наследию государств участников СБСЕ Краков, 1991 г. 80
Доклад совещания экспертов СБСЕ по вопросам национальных меньшинств Женева, 1991 г. 86 Документ московского совещания Конференции по человеческому измерению СБСЕ Москва, 1991 г. 94
Пражский документ о дальнейшем развитии институтов и структур СБСЕ (Второе совещание совета) Прага, 1992 г. 110
Хельсинкский документ: Вызов времени перемен (Встреча на высшем уровне) Хельсинки, 1992 г. 113
Документ третьей встречи Совета министров Стокгольм, 1992 г. 133
Документ четвертой встречи Совета министров Рим, 1993 г. 136
Будапештский документ: на пути к подлинному партнерству в новую эпоху (Встреча на высшем уровне) Будапешт, 1994 г. 143
Лиссабонский документ (Встреча на высшем уровне) Лиссабон, 1996 г. 158
Документ шестой встречи Совета министров Копенгаген, 1997 г. 161
Документ седьмой встречи Совета министров Осло, 1998 г. 165
Стамбульский документ (Встреча на высшем уровне) Стамбул, 1999 г. 166
Документ восьмой встречи Совета министров Вена, 2000 г. 175
Документ девятой встречи Совета министров Бухарест, 2001 г. 178
Документ десятой встречи Совета министров Порту, 2002 г. 193
Документ одиннадцатой встречи Совета министров Маастрихт, 2003 г. 209 Документ двенадцатой встречи Совета министров София, 2004 г. 260
Документ тринадцатой встречи Совета министров Любляна, 2005 г. 289
Документ четырнадцатой встречи Совета министров Брюссель, 2006 г. 318
Документ пятнадцатой встречи Совета министров Мадрид, 2007 г. 348
Документ шестнадцатой встречи Совета министров Хельсинки, 2008 г. 361
Документ семнадцатой встречи Совета министров Афины, 2009 г. 374
Астанинская юбилейная декларация Астана, 2010 г. 396
Документ восемнадцатой встречи Совета министров Вильнюс, 2011 г. 399
Документ девятнадцатой встречи Совета министров Дублин, 2012 г. 407
Документ двадцатой встречи Совета министров Киев, 2013 г. 412
Документ двадцать первой встречи Совета министров Базель, 2014 г. 419
Документ двадцать второй встречи Совета министров Белград, 2015 г. 429
Документ двадцать третей встречи Совета министров Гамбург, 2016 г. 437
Документ двадцать четвертой встречи Совета министров Вена, 2017 г. 447
Документ двадцать пятой встречи Совета министров Милан, 2018 г. 456 Документ двадцать седьмой встречи Совета министров Тирана, 2020 г. 469
Указатель 480 Заключительный акт Совещания по безопасности и сотрудничеству в Европе Хельсинки, 1975 г.
(…)
Высокие Представители государств-участников торжественно приняли следующее:
Вопросы, относящиеся к безопасности в Европе
подтверждая свою цель содействия улучшению отношений между ними и обеспечения условий, в которых их народы могут жить в условиях подлинного и прочного мира, будучи ограждены от любой угрозы или покушения на их безопасность;
убежденные в необходимости прилагать усилия к тому, чтобы делать разрядку как непре- рывным, так и все более жизнеспособным и всесторонним процессом, всеобщим по охвату, и в том, что претворение в жизнь результатов Совещания по безопасности и сотрудниче- ству в Европе будет одним из крупнейших вкладов в этот процесс;
считая, что солидарность между народами, как и общность стремления государств-участ- ников к достижению целей, как они выдвинуты Совещанием по безопасности и сотрудни- честву в Европе, должны вести к развитию лучших и более тесных отношений между ними во всех областях и, таким образом, к преодолению противостояния, проистекающего из характера их отношений в прошлом, и к лучшему взаимопониманию;
памятуя о своей общей истории и признавая, что существование общих элементов в их традициях и ценностях может помогать им в развитии их отношений, и исполненные желания изыскивать, полностью принимая во внимание своеобразие и разнообразие их позиций и взглядов, возможности объединять их усилия с тем, чтобы преодолевать недо- верие и укреплять доверие, разрешать проблемы, которые их разделяют, и сотрудничать в интересах человечества;
признавая неделимость безопасности в Европе, как и свою общую заинтересованность в развитии сотрудничества во всей Европе и между собой, и выражая свое намерение пред- принимать соответственно усилия;
признавая тесную связь между миром и безопасностью в Европе и в мире в целом и созна- вая необходимость для каждого из них вносить свой вклад в укрепление международного мира и безопасности и в содействие основным правам, экономическому и социальному прогрессу и благополучию всех народов;
приняли следующее:
1 Хельсинки, 1975 г
1. (a) Декларация принципов, которыми государства-участники будут руководствоваться во взаимных отношениях
Государства-участники,
подтверждая свою приверженность миру, безопасности и справедливости и процессу раз- вития дружественных отношений и сотрудничества;
признавая, что эта приверженность, отражающая интересы и чаяния народов, воплощает для каждого государства-участника ответственность сейчас и в будущем, повысившуюся в результате опыта прошлого;
подтверждая, в соответствии с их членством в Организации Объединенных Наций и в соот- ветствии с целями и принципами Организации Объединенных Наций, свою полную и актив- ную поддержку Организации Объединенных Наций и повышению ее роли и эффективности в укреплении международного мира, безопасности и справедливости и в содействии реше- нию международных проблем, как и развитию дружественных отношений и сотрудниче- ства между государствами;
выражая свою общую приверженность принципам, которые изложены ниже и которые находятся в соответствии с Уставом Организации Объединенных Наций, а также свою общую волю действовать, в применении этих принципов, в соответствии с целями и прин- ципами Устава Организации Объединенных Наций;
заявляют о своей решимости уважать и применять в отношениях каждого из них со всеми другими государствами-участниками, независимо от их политических, экономических и социальных систем, а также их размера, географического положения и уровня экономи- ческого развития, следующие принципы, которые все имеют первостепенную важность и которыми они будут руководствоваться во взаимных отношениях:
I. Суверенное равенство, уважение прав, присущих суверенитету
Государства-участники будут уважать суверенное равенство и своеобразие друг друга, а также все права, присущие их суверенитету и охватываемые им, в число которых входит, в частности, право каждого государства на юридическое равенство, на территориальную целостность, на свободу и политическую независимость. Они будут также уважать право друг друга свободно выбирать и развивать свои политические, социальные, экономиче- ские и культурные системы, равно как и право устанавливать свои законы и администра- тивные правила.
В рамках международного права все государства-участники имеют равные права и обязан- ности. Они будут уважать право друг друга определять и осуществлять по своему усмот- рению их отношения с другими государствами согласно международному праву и в духе настоящей Декларации. Они считают, что их границы могут изменяться, в соответствии с международным правом, мирным путем и по договоренности. Они имеют также право принадлежать или не принадлежать к международным организациям, быть или не быть участником двусторонних или многосторонних договоров, включая право быть или не быть участником союзных договоров; они также имеют право на нейтралитет.
2 Хельсинки, 1975 г
II. Неприменение силы или угрозы силой
Государства-участники будут воздерживаться в их взаимных, как и вообще в их междуна- родных отношениях от применения силы или угрозы силой как против территориальной целостности, или политической независимости любого государства, так и каким-либо дру- гим образом, несовместимым с целями Объединенных Наций и с настоящей Декларацией. Никакие соображения не могут использоваться для того, чтобы обосновывать обращение к угрозе силой или к ее применению в нарушение этого принципа.
Соответственно, государства-участники будут воздерживаться от любых действий, пред- ставляющих собой угрозу силой или прямое или косвенное применение силы против дру- гого государства-участника. Равным образом, они будут воздерживаться от всех проявлений силы с целью принуждения другого государства-участника к отказу от полного осущест- вления его суверенных прав. Равным образом, они будут также воздерживаться в их вза- имных отношениях от любых актов репрессалий с помощью силы.
Никакое такое применение силы или угрозы силой не будет использоваться как средство урегулирования споров или вопросов, которые могут вызвать споры, между ними.
III. Нерушимость границ
Государства-участники рассматривают как нерушимые все границы друг друга, так и гра- ницы всех государств в Европе, и поэтому они будут воздерживаться сейчас и в будущем от любых посягательств на эти границы.
Они будут, соответственно, воздерживаться также от любых требований или действий, направленных на захват и узурпацию части или всей территории любого государства-у- частника.
IV. Территориальная целостность государств
Государства-участники будут уважать территориальную целостность каждого из госу- дарств-участников.
В соответствии с этим они будут воздерживаться от любых действий, несовместимых с целями и принципами Устава Организации Объединенных Наций, против территори- альной целостности, политической независимости или единства любого государства-у- частника и, в частности, от любых таких действий, представляющих собой применение силы или угрозу силой.
Государства-участники будут, равным образом, воздерживаться от того, чтобы превращать территорию друг друга в объект военной оккупации или других прямых или косвенных мер применения силы в нарушении международного права или в объект приобретения с помощью таких мер или угрозы их осуществления. Никакая оккупация или приобрете- ние такого рода не будет признаваться законной.
V. Мирное урегулирование споров
Государства-участники будут разрешать споры между ними мирными средствами таким образом, чтобы не подвергать угрозе международный мир и безопасность и справедливость.
3 Хельсинки, 1975 г
Они будут добросовестно и в духе сотрудничества прилагать усилия к тому, чтобы в корот- кий срок прийти к справедливому решению, основанному на международном праве.
В этих целях они будут использовать такие средства, как переговоры, обследование, посред- ничество, примирение, арбитраж, судебное разбирательство или иные мирные средства по их собственному выбору, включая любую процедуру урегулирования, согласованную до возникновения споров, в которых они были бы сторонами.
В случае, если стороны в споре не достигнут разрешения спора путем одного из вышеу- помянутых мирных средств, они будут продолжать искать взаимно согласованные пути мирного урегулирования спора.
Государства-участники, являющиеся сторонами в споре между ними, как и другие госу- дарства-участники, будут воздерживаться от любых действий, которые могут ухудшить положение в такой степени, что будет поставлено под угрозу поддержание международного мира и безопасности, и тем самым сделать мирное урегулирование спора более трудным.
VI. Невмешательство во внутренние дела
Государства-участники будут воздерживаться от любого вмешательства, прямого или кос- венного, индивидуального или коллективного во внутренние или внешние дела, входящие во внутреннюю компетенцию другого государства-участника, независимо от их взаимо- отношений.
Они будут, соответственно, воздерживаться от любой формы вооруженного вмешательства или угрозы такого вмешательства против другого государства-участника.
Они будут точно так же при всех обстоятельствах воздерживаться от любого другого акта военного или политического, экономического или другого принуждения, направленного на то, чтобы подчинить своим собственным интересам осуществление другим государ- ством-участником прав, присущих его суверенитету, и таким образом обеспечить себе преимущества любого рода.
Соответственно они будут, в том числе, воздерживаться от оказания прямой или косвенной помощи террористической деятельности или подрывной или другой деятельности, направ- ленной на насильственное свержение режима другого государства-участника.
VII. Уважение прав человека и основных свобод, включая свободу мысли, совести, религии и убеждений
Государства-участники будут уважать права человека и основные свободы, включая свободу мысли, совести, религии и убеждений, для всех, без различия расы, пола, языка и религии.
Они будут поощрять и развивать эффективное осуществление гражданских, политиче- ских, экономических, социальных, культурных и других прав и свобод, которые все выте- кают из достоинства, присущего человеческой личности, и являются существенными для ее свободного и полного развития.
В этих рамках государства-участники будут признавать и уважать свободу личности испо- ведовать, единолично или совместно с другими, религию или веру, действуя согласно веле- нию собственной совести.
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Государства-участники, на чьей территории имеются национальные меньшинства, будут уважать право лиц, принадлежащих к таким меньшинствам, на равенство перед законом, будут предоставлять им полную возможность фактического пользования правами чело- века и основными свободами и будут таким образом защищать их законные интересы в этой области.
Государства-участники признают всеобщее значение прав человека и основных свобод, уважение которых является существенным фактором мира, справедливости и благополу- чия, необходимых для обеспечения развития дружественных отношений и сотрудничества между ними, как и между всеми государствами.
Они будут постоянно уважать эти права и свободы в своих взаимных отношениях и будут прилагать усилия, совместно и самостоятельно, включая сотрудничество с Организацией Объединенных Наций, в целях содействия всеобщему и эффективному уважению их.
Они подтверждают право лиц знать свои права и обязанности в этой области и поступать в соответствии с ними.
В области прав человека и основных свобод государства-участники будут действовать в соответствии с целями и принципами Устава ООН и Всеобщей декларацией прав чело- века. Они будут также выполнять свои обязательства, как они установлены в междуна- родных декларациях и соглашениях в этой области, включая в том числе Международные пакты о правах человека, если они ими связаны.
VIII. Равноправие и право народов распоряжаться своей судьбой
Государства-участники будут уважать равноправие и право народов распоряжаться своей судьбой, действуя постоянно в соответствии с целями и принципами Устава ООН и соот- ветствующими нормами международного права, включая те, которые относятся к терри- ториальной целостности государств.
Исходя из принципа равноправия и права народов распоряжаться своей судьбой, все народы всегда имеют право в условиях полной свободы определять, когда и как они желают, свой внутренний и внешний политический статус без вмешательства извне и осуществлять по своему усмотрению свое политическое, экономическое, социальное и культурное развитие.
Государства-участники подтверждают всеобщее значение уважения и эффективного осу- ществления равноправия и права народов распоряжаться своей судьбой для развития дру- жественных отношений между ними, как и между всеми государствами; они напоминают также о важности исключения любой формы нарушения этого принципа.
IX. Сотрудничество между государствами
Государства-участники будут развивать свое сотрудничество друг с другом, как и со всеми государствами, во всех областях в соответствии с целями и принципами Устава ООН. Раз- вивая свое сотрудничество, государства-участники будут придавать особое значение обла- стям, как они определены в рамках Совещания по безопасности и сотрудничеству в Европе, причем каждый из них будет вносить свой вклад в условиях полного равенства.
Они будут стремиться, развивая свое сотрудничество как равные, содействовать взаи- мопониманию и доверию, дружественным и добрососедским отношениям между собой,
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международному миру, безопасности и справедливости. Они будут, равным образом, стре- миться, развивая свое сотрудничество, повышать благосостояние народов и способствовать претворению в жизнь их чаяний, используя, в частности, выгоды, вытекающие из расширя- ющегося взаимного ознакомления и их прогресса и достижений в экономической, научной, технической, социальной, культурной и гуманитарной областях. Они будут предприни- мать шаги по содействию условиям, благоприятствующим тому, чтобы делать эти выгоды доступными для всех; они будут учитывать интересы всех в сокращении различий в уров- нях экономического развития и, в частности, интересы развивающихся стран во всем мире.
Они подтверждают, что правительства, учреждения, организации и люди могут играть соответствующую и положительную роль в содействии достижению этих целей их сотруд- ничества.
Они будут стремиться, расширяя свое сотрудничество, как это определено выше, развивать более тесные отношения между собой на лучшей и более прочной основе на благо народов.
Х. Добросовестное выполнение обязательств по международному праву
Государства-участники будут добросовестно выполнять свои обязательства по междуна- родному праву, как и те обязательства, которые вытекают из общепризнанных принципов и норм международного права, так и те обязательства, которые вытекают из соответству- ющих международному праву договоров или других соглашений, участниками которых они являются.
При осуществлении своих суверенных прав, включая право устанавливать свои законы и административные правила, они будут сообразовываться со своими юридическими обяза- тельствами по международному праву; они будут, кроме того, учитывать должным образом и выполнять положения Заключительного акта Совещания по безопасности и сотрудни- честву в Европе.
Государства-участники подтверждают, что в том случае, когда обязательства членов Орга- низации Объединенных Наций по Уставу Организации Объединенных Наций окажутся в противоречии с их обязательствами по какому-либо договору или другому международ- ному соглашению, преимущественную силу имеют их обязательства по Уставу, в соответ- ствии со статьей 103 Устава ООН.
Все принципы, изложенные выше, имеют первостепенную важность, и, следовательно, они будут одинаково и неукоснительно применяться при интерпретации каждого из них с учетом других.
Государства-участники выражают свою решимость полностью уважать и применять эти принципы, как они изложены в настоящей Декларации, во всех аспектах к их взаимным отношениям и сотрудничеству с тем, чтобы обеспечить каждому государству-участнику преимущества, вытекающие из уважения и применения этих принципов всеми.
Государства-участники, учитывая должным образом изложенные выше принципы и, в част- ности, первую фразу десятого принципа, «Добросовестное выполнение обязательств по международному праву», отмечают, что настоящая Декларация не затрагивает их прав и обязательств, как и соответствующих договоров и других соглашений и договоренностей.
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Государства-участники выражают убеждение в том, что уважение этих принципов будет способствовать развитию нормальных и дружественных отношений и прогрессу сотруд- ничества между ними во всех областях. Они также выражают убеждение в том, что ува- жение этих принципов будет способствовать развитию политических контактов между ними, которые, в свою очередь, будут содействовать лучшему взаимному пониманию их позиций и взглядов.
Государства-участники заявляют о своем намерении осуществлять свои отношения со всеми другими государствами в духе принципов, изложенных в настоящей Декларации.
(b) Вопросы, относящиеся к претворению в жизнь некоторых из принципов, изложенные выше
Государства-участники,
подтверждая, что они будут уважать и претворять в жизнь положение о неприменении силы или угрозы силой, и убежденные в необходимости сделать его действенным законом международной жизни,
заявляют, что они будут уважать и выполнять в их отношениях друг с другом, в том числе следующие положения, которые находятся в соответствии с Декларацией принципов, кото- рыми государства-участники будут руководствоваться во взаимных отношениях: • Претворять в жизнь и выражать всеми путями и во всех формах, которые они сочтут подходящими, обязанность воздерживаться от угрозы силой или ее применения в отно- шениях друг с другом. • Воздерживаться от какого-либо применения вооруженных сил, несовместимого с целями и принципами Устава ООН и положениями Декларации принципов, которыми госу- дарства-участники будут руководствоваться во взаимных отношениях, против другого государства-участника, в особенности от вторжения или нападения на его территорию. • Воздерживаться от всех проявлений силы с целью принуждения другого государства-у- частника к отказу от полного осуществления его суверенных прав. • Воздерживаться от любого акта экономического принуждения, направленного на под- чинение своим интересам осуществления другим государством-участником прав, при- сущих его суверенитету, и обеспечение себе таким образом преимуществ любого рода. • Принимать эффективные меры, которые в силу их охвата и характера являются шагами в направлении достижения в конечном итоге всеобщего и полного разоружения под стро- гим и эффективным международным контролем. • Содействовать всеми средствами, которые каждое из них сочтет подходящими, созда- нию атмосферы доверия и уважения между народами, отвечающей их обязанности воз- держиваться от пропаганды агрессивных войн или любого применения силы или угрозы силой, несовместимыми с целями Объединенных Наций и с Деклараций принципов, которыми государства-участники будут руководствоваться во взаимных отношениях, против другого государства-участника. • Прилагать все усилия к тому, чтобы разрешить любые споры между ними, продолжение которых могло бы угрожать поддержанию международного мира и безопасности в Европе, исключительно мирными средствами, и прежде всего стараться разрешить споры при помощи мирных средств, указанных в статье 33 Устава ООН.
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• Воздерживаться от любых действий, которые могли бы затруднить мирное урегулиро- вание споров между государствами-участниками. (…)
Сотрудничество в области экономики, науки и техники и окружающей среды (…)
6. Сотрудничество в других секторах (…)
Экономические и социальные аспекты мигрирующей рабочей силы
Государствa-участники,
принимая во внимание, что перемещение рабочих-мигрантов в Европе приняло большие размеры и что оно является важным экономическим, социальным и гуманитарным фак- тором как в принимающих странах, так и в странах происхождения,
признавая, что миграция рабочих порождает также ряд экономических, социальных, гума- нитарных и иных проблем как в принимающих странах, так и в странах происхождения,
учитывая надлежащим образом деятельность в этой области компетентных международ- ных организаций, в частности Международной организации труда, • считают, что проблемы, возникающие в двустороннем плане в связи с миграцией рабочих в Европе, а также между государствами-участниками, должны рассматриваться непосред- ственно заинтересованными сторонами с тем, чтобы решать эти проблемы в их обоюд- ных интересах, в свете стремления каждого заинтересованного государства учитывать должным образом потребности, вызываемые его социально-экономическим положением, принимая во внимание обязанность каждого государства действовать в соответствии с двусторонними и многосторонними соглашениями, стороной которых оно является, и имея в виду следующие цели: • поощрять усилия стран происхождения, направленные на расширение возможностей занятости для своих граждан на своей территории, в частности путем развития эконо- мического сотрудничества, отвечающего этой цели и приемлемого для заинтересован- ных стран происхождения и принимающих стран; • обеспечивать, путем сотрудничества между принимающей страной и страной происхож- дения, создание условий, в которых могло бы происходить упорядоченное перемещение рабочих, ограждая при этом их личное и социальное благосостояние, и организовывать в соответствующих случаях набор и элементарную языковую и профессиональную под- готовку рабочих-мигрантов; • обеспечивать равноправие между рабочими-мигрантами и гражданами принимаю- щих стран в том, что касается условий найма и труда, а также социального обеспечения, и следить за тем, чтобы для рабочих-мигрантов создавались удовлетворительные усло- вия жизни, особенно в отношении жилья;
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• следить, насколько это возможно, за тем, чтобы рабочие-мигранты пользовались теми же возможностями, что и граждане принимающей страны, в отношении получения под- ходящей работы в случае безработицы; • относиться благожелательно к тому, чтобы рабочие-мигранты получали профессиональ- ную подготовку и, насколько это возможно, бесплатно обучались языку принимающей страны по месту работы; • закрепить право рабочих-мигрантов по возможности регулярно получать информа- цию на своем родном языке как о стране происхождения, так и о принимающей стране; • обеспечить детям рабочих-мигрантов, проживающих в принимающей стране, доступ к обычному для этой страны образованию на тех же условиях, что и для детей этой страны, и позволить, кроме того, преподавание родного языка, национальной культуры, истории и географии; • иметь в виду, что рабочие-мигранты, особенно получившие квалификацию, воз- враща- ясь в свою страну по прошествии некоторого времени, могут способствовать восполне- нию нехватки квалифицированной рабочей силы в стране происхождения; • облегчать, насколько это возможно, воссоединение семей рабочих-мигрантов; • относиться благожелательно к усилиям стран происхождения по привлечению сбереже- ний рабочих-мигрантов с тем, чтобы в рамках их экономического развития расширить соответствующие возможности для занятости, способствуя тем самым реинтеграции этих рабочих по их возвращении. (…)
Сотрудничество в гуманитарных и других областях
Государства-участники,
желая содействовать укреплению мира и взаимопонимания между народами и духовному обогащению человеческой личности без различия расы, пола, языка и религии,
сознавая, что развитие в области культуры и образования, более широкое распростране- ние информации, контакты между людьми и решение гуманитарных проблем будут содей- ствовать достижению этих целей,
исполненные решимости поэтому сотрудничать между собой, независимо от своих поли- тических, экономических и социальных систем, с тем, чтобы создать лучшие условия в упо- мянутых выше областях, развивать и укреплять существующие формы сотрудничества, а также разрабатывать новые пути и средства, соответствующие этим целям,
убежденные, что это сотрудничество должно осуществляться при полном соблюдении принципов, регулирующих отношения между государствами-участниками, как они изло- жены в соответствующем документе,
приняли следующее:
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1. Контакты между людьми
Государства-участники,
рассматривая развитие контактов в качестве важного элемента в укреплении дружествен- ных отношений и доверия между народами,
подтверждая в связи с их нынешними усилиями по улучшению условий в этой области важное значение, которое они придают гуманным соображениям,
желая в этом духе и впредь прилагать по мере развития разрядки усилия с целью дальней- шего прогресса в этой области
и сознавая, что относящиеся к этому вопросы должны регулироваться заинтересованными государствами на взаимоприемлемых условиях,
ставят своей целью облегчать более свободное передвижение и контакты на индивидуаль- ной и коллективной, неофициальной и официальной основе между людьми, учреждениями и организациями государств-участников и содействовать решению вопросов гуманного характера, возникающих в данной области,
заявляют о своей готовности принимать в этих целях меры, которые они сочтут подходя- щими, а также заключать между собой, в случае необходимости, соглашения или достигать договоренностей и выражают свое намерение в настоящее время приступить к осущест- влению следующего:
(a) Контакты и регулярные встречи на основе семейных связей
Имея в виду содействовать дальнейшему развитию контактов на основе семейных связей, государства-участники будут благожелательно рассматривать просьбы о поездках с целью разрешения лицам въезда на их территорию или выезда с нее на временной и, если этого пожелают, регулярной основе для встреч с членами своих семей.
Заявления о временных поездках для встреч с членами своих семей будут рассматриваться безотносительно к стране выезда или въезда; существующий порядок оформление проезд- ных документов и виз будет приняться в этом духе. Оформление и выдача таких докумен- тов и виз будут осуществляться в разумные сроки; в случаях срочной надобности – таких, как серьезная болезнь, смерть – во внеочередном порядке. Они предпримут шаги, которые могут оказаться необходимыми, для обеспечения приемлемого уровня сборов за выдачу официальных проездных документов и виз.
Они подтверждают, что подача просьбы, относящейся к контактам на основе семейных связей, не будет приводить к изменению прав и обязанностей лица, подавшего просьбу, или членов их семьи.
(b) Воссоединение семей
Государства-участники будут в позитивном и гуманном духе рассматривать просьбы лиц, которые желают воссоединиться с членами своей семьи, уделяя особое внимание ходатай- ствам срочного характера, таким как ходатайства, поступающие от больных или преста- релых.
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Они будут рассматривать эти просьбы по возможности быстрее.
Они будут в случае необходимости снижать сборы, взимаемые в связи с этими просьбами, чтобы обеспечить их умеренный уровень.
Неудовлетворенные просьбы о воссоединении семей могут быть поданы вновь на соот- ветствующем уровне и будут рассматриваться через непродолжительный период времени властями соответственно страны проживания или принимающей страны; при таких обсто- ятельствах сборы будут взиматься только в случае удовлетворения просьбы.
Лица, просьбы которых о воссоединении семей удовлетворены, могут привозить с собой или отправлять вещи домашнего обихода и личного потребления; с этой целью государства-у- частники будут использовать все возможности, содержащиеся в существующих правилах.
Пока члены одной и той же семьи не воссоединятся, встречи и контакты между ними могут осуществляться в соответствии с порядком для контактов на основе семейных связей.
Государства-участники будут поддерживать усилия обществ Красного Креста и Красного Полумесяца, занимающихся проблемами воссоединения семей.
Они подтверждают, что подача просьбы о воссоединении семей не будет приводить к изме- нению прав и обязанностей лица, подавшего просьбу, или членов его семьи.
Принимающее государство-участник будет проявлять соответствующую заботу о трудоу- стройстве лиц из других государств-участников, приезжающих в это государство на посто- янное жительство в рамках воссоединения семей с его гражданами, и заботиться о том, чтобы им предоставлялись равные с собственными гражданами возможности для полу- чения образования, медицинской помощи и социального обеспечения.
(c) Браки между гражданами различных государств
Государства-участники будут благожелательно и на основе гуманных соображений изучать просьбы о разрешениях на выезд и въезд лиц, которые решили вступить в брак с гражда- нином другого государства-участника.
Оформление и выдача документов, требуемых для указанных выше целей и для вступле- ния в брак, будут осуществляться в соответствии с положениями, принятыми в отноше- нии воссоединения семей.
При рассмотрении просьб от уже вступивших в брак супругов из различных государств-у- частников о предоставлении возможности им и несовершеннолетним детям от их брака переносить их постоянное местожительство в государство, в котором обычно проживает один из них, государства-участники будут также применять положения, принятые в отно- шении воссоединения семей.
(d) Поездки по личным или профессиональным причинам
Государства-участники намереваются способствовать более широким возможностям осу- ществления их гражданами поездок по личным или профессиональным причинам, и в этих целях они намерены, в частности:
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• постепенно упрощать и гибко применять порядок выезда и въезда; • облегчать порядок передвижения граждан из других государств-участников по их тер- ритории с должным учетом требований безопасности.
Они будут стремиться постепенно снижать, где это необходимо, сборы за визы и офици- альные проездные документы.
Они намереваются изучать, в случае необходимости, средства совершенствования дву- сторонней практики консульского обслуживания, в том числе юридической и консуль- ской помощи, включая, насколько это целесообразно, заключение многосторонних или двусторонних консульских конвенций или других соответствующих соглашений и дого- воренностей.
Они подтверждают, что религиозные культы, учреждения и организации, действующие в конституционных рамках государств-участников, и их представители могут в сфере их деятельности осуществлять между ними контакты и встречи и обмениваться информацией.
(e) Улучшение условий для туризма на индивидуальной или коллективной основе
Государства-участники считают, что туризм содействует более полным знаниям о жизни, культуре и истории других стран, росту взаимопонимания между народами, улучшению контактов и более широкому использованию досуга. Они намереваются способствовать раз- витию туризма на индивидуальной или коллективной основе и, в частности, имеют в виду: • содействовать поездкам в свои страны, поощряя предоставление соответствующих воз- можностей, а также упрощение и ускорение необходимых формальностей, относящихся к таким поездкам; • расширять на основе соответствующих соглашений или договоренностей, где необхо- димо, сотрудничество в деле развития туризма, рассматривая, в частности, в двусторон- нем плане возможные пути увеличения информации, относящейся к поездкам в другие страны, приему и обслуживанию туристов и другие соответствующие вопросы, пред- ставляющие взаимный интерес.
(f) Встречи между молодежью
Государства-участники намереваются содействовать развитию контактов и обменов между молодежью, поощряя: • расширение обменов и контактов на краткосрочной или долгосрочной основе между тру- дящейся, проходящей профессиональную подготовку или учащейся молодежью посред- ством двусторонних или многосторонних соглашений или регулярных программ во всех случаях, где это представляется возможным; • изучение их молодежными организациями вопроса о возможных соглашениях, относя- щихся к формам многостороннего молодежного сотрудничества; • соглашения или регулярные программы, относящиеся к организации обмена студентами, международных молодежных семинаров, курсов профессионального обучения и курсов по изучению иностранных языков; • дальнейшее развитие молодежного туризма и предоставление для этой цели соответ- ствующих льгот;
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• развитие, где возможно, обменов, контактов и сотрудничества на двусторонней или мно- госторонней основе между их организациями, представляющими широкие слои трудя- щейся, проходящей профессиональную подготовку и учащейся молодежи; • осознание молодежью важности развития взаимопонимания, укрепления дружествен- ных отношений и доверия между народами.
(g) О спорте
В целях расширения существующих связей и сотрудничества в области спорта государ- ства-участники будут поощрять соответствующие контакты и обмены, включая спортивные встречи и соревнования всех видов, проводимые на основе общепринятых международ- ных правил, положений и практики.
(h) Расширение контактов
В порядке дальнейшего развития контактов между государственными учреждениями, непра- вительственными и общественными организациями, включая женские, государства-участ- ники будут облегчать проведение встреч, а также поездки делегаций, групп и отдельных лиц.
2. Информация
Государствa-участники,
сознавая потребность во все более широком знании и понимании различных аспектов жизни других государств-участников,
отмечая вклад этого процесса в рост доверия между народами,
желая с развитием взаимопонимания между государствами-участниками и с дальней- шим улучшением отношений между ними продолжать и дальше усилия с целью прогресса в этой области,
отмечая важное значение распространения информации из других государств-участников и лучшего ознакомления с такой информацией,
подчеркивая поэтому существенную и влиятельную роль печати, радио, телевидения, кино и телеграфных агентств и журналистов, работающих в этих областях;
ставят своей целью облегчать более свободное и широкое распространение всех форм информации, поощрять сотрудничество в области информации и обмен информацией с другими странами и улучшать условия, в которых журналисты из одного государства-у- частника осуществляют свою профессиональную деятельность в другом государстве-у- частнике, и выражают свое намерение, в частности:
(a) Улучшение распространения, доступа и обмена информацией
(i) Устная информация • Способствовать распространению устной информации путем поощрения лекций и лек- ционных поездок видных деятелей и специалистов из других государств-участников, а
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также обмена мнениями типа круглого стола, семинаров, симпозиумов, летних курсов, конгрессов и других двусторонних и многосторонних встреч.
(ii) Печатная информация • Cпособствовать улучшению распространения на их территории газет и печатных изде- лий, периодических и непериодических, из других государств-участников. В этих целях: ни будут поощрять свои фирмы и компетентные организации заключать соглашения о и контракты, направленные на постепенное увеличение количества и числа наимено- ваний газет и печатных изданий, импортируемых из других государств- участников. Желательно, чтобы в этих соглашениях и контрактах упоминались, в частности, усло- вия скорейшей доставки, использование обычно существующих в каждой стране каналов распространения ее печатных изданий и газет, а также согласованные между сторонами формы и способы платежных расчетов, позволяющие осуществление целей этих согла- шений и контрактов; там, где это окажется необходимым, они будут принимать соответ- ствующие меры для осуществления вышеизложенных целей и положений соглашений и контрактов. • Способствовать улучшению доступа общественности к печатным изданиям, периоди- ческим и непериодическим, импортируемым на указанной выше основе. В частности: – они будут поощрять расширение числа точек, где будут продаваться такие издания; – они будут облегчать предложение таких периодических изданий во время проведения конгрессов, конференций, официальных визитов и других международных меропри- ятий и туристам во время туристического сезона; – они будут расширять возможность подписки на основе правил, свойственных каждой стране; – они будут улучшать возможность предоставления во временное пользование и для чте- ния этих изданий в крупных публичных библиотеках и их читальных залах, а также в университетских библиотеках. Они намерены улучшать возможности ознакомления с бюллетенями официальной инфор- мации, выпускаемыми дипломатическими представительствами и распространяемыми этими представительствами на основе договоренностей, приемлемых для заинтересо- ванных сторон.
(iii) Кино-, радио- и телевизионная информация • Способствовать улучшению распространения кино-, радио- и телевизионной информа- ции. В этих целях: – они будут поощрять расширение показа и передачи более разнообразной информа- ции, записанной на пленку, из других государств-участников, иллюстрирующей раз- личные аспекты жизни в их странах и получаемой на основе таких соглашений или договоренностей, которые могут быть необходимы между непосредственно заинтере- сованными организациями и фирмами; – они будут облегчать импорт компетентными организациями и фирмами записанных на пленку аудиовизуальных материалов из других государств-участников. Государства-участники отмечают расширение распространения радиоинформации и выражают надежду на продолжение этого процесса, так чтобы это отвечало интере- сам взаимопонимания между народами и целям, определенным настоящим Совещанием.
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(b) Cотрудничество в области информации • Поощрять сотрудничество в области информации на основе кратко- или долгосрочных соглашений или договоренностей. В частности: • они будут способствовать более широкому сотрудничеству между органами массовой информации, в том числе между телеграфными агентствами, издательствами и изда- тельскими организациями; • они будут способствовать сотрудничеству между радиовещательными и телевизионными организациями, как государственными, так и частными, национальными и международ- ными, в частности путем обмена прямыми или в записи радио- и телевизионными про- граммами, совместного производства и распространения таких программ; • они будут поощрять встречи и контакты как между журналистскими организациями, так и между журналистами государств-участников; • они будут благоприятно относиться к возможности достижения договоренностей между периодическими изданиями, включая газеты, государств-участников об обмене статьями и их публикации; • они будут поощрять обмен технической информацией, а также организацию совместных исследований и проведение встреч специалистов по обмену опытом и мнениями в обла- сти печати, радио и телевидения.
(c) Улучшение условий работы журналистов
Государства-участники, стремясь к улучшению условий, в которых журналисты одного из государств-участников осуществляют свою профессиональную деятельность в другом государстве-участнике, имеют в виду, в частности: • изучать в благожелательном духе в подходящие и разумные сроки просьбы журнали- стов о выдаче виз; • предоставлять постоянно аккредитованным журналистам государств-участников на основе договоренности многократные въездные-выездные визы на определенный срок; • облегчать выдачу аккредитованным журналистам государств-участников разрешений на проживание в стране их временного пребывания и, если и когда таковые необходимы, других полагающихся им официальных документов; • облегчать на основе взаимности процедуры оформления поездок журналистов
государств-участников по стране, в которой они осуществляют свою профессиональную дея- тельность и постепенно предоставлять большие возможности для таких поездок при соблю- дении правил, связанных с наличием районов, закрытых по соображениям безопасности; • обеспечивать, чтобы на просьбы таких журналистов о подобных поездках давался ответ по возможности быстро, с учетом срока запроса; • увеличивать возможности личного общения журналистов государств-участников с источ- никами их информации, включая организации и официальные учреждения; • предоставлять журналистам государств-участников право ввоза, лишь при условии последующего вывоза, технического оборудования (фото-, кино-, магнитофонного,
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радио- и телевизионного-, необходимого для выполнения их профессиональной дея- тельности;*) • предоставлять журналистам других государств-участников, будь то постоянно или временно аккредитованным, возможность передавать полностью, в обычном порядке и быстро через признанные государствами-участниками каналы в представляемые ими органы информации результаты их профессиональной деятельности, включая магни- тофонные записи и непроявленную пленку, с целью опубликования или передачи по радио или телевидению.
Государства-участники подтверждают, что журналисты не могут подвергаться выдворе- нию или иным образом наказываться в результате законного осуществления их профес- сиональной деятельности. В случае выдворения аккредитованного журналиста он будет информирован о причинах этого и может обращаться с просьбой о пересмотре его дела.
3. Сотрудничество и обмены в области культуры
Государства-участники,
считая, что культурные обмены и сотрудничество содействуют лучшему взаимопонима- нию между людьми и между народами и способствуют таким образом упрочению согла- сия между государствами,
подтверждая уже согласованные в многостороннем плане выводы в этой области, в част- ности на Межправительственной конференции по политике в области культуры в Европе, организованной ЮНЕСКО в июне 1972 года в Хельсинки, на которой выявился интерес к активному участию самых широких слоев общества во все более многообразной куль- турной жизни,
желая с развитием взаимного доверия и дальнейшим улучшением отношений между госу- дарствами-участниками продолжать и дальше усилия с целью прогресса в этой области,
выражая готовность в этом духе к существенному увеличению их культурных обменов как в том, что касается людей, так и в том, что касается произведений, и к развитию между ними активного сотрудничества как на двусторонней, так и многосторонней основе во всех областях культуры,
будучи убежденными, что такое укрепление их взаимоотношений будет содействовать обо- гащению соответствующих культур при уважении самобытности каждой, а также укре- плению между ними сознания общих ценностей при дальнейшем развитии культурного сотрудничества с другими странами мира,
заявляют о том, что они совместно ставят перед собой следующие цели: а) развивать взаимную информацию с целью лучшего ознакомления с достижениями куль- туры друг друга,
* Признавая, то во многих случаях иностранными журналистами используется соответствующий мест- ный персонал, государства-участники отмечают, то изложенные выше положения применялись бы при соблюдении подходящих правил к лицам из других государств-участников, которые регулярно и в силу своей профессии работают в качестве техников, фотографов и операторов печати, радио, телевидения или кино.
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b) улучшать материальные возможности обменов и распространения культурных ценностей, с) благоприятствовать доступу всех к соответствующим достижениям культуры, d) развивать контакты и сотрудничество между деятелями культуры, е) изыскивать новые области и формы культурного сотрудничества,
демонстрируют тем самым их общее стремление предпринимать постепенные последова- тельные долгосрочные действия для достижения целей настоящей декларации; и выражают свое намерение в настоящее время приступить к осуществлению следующего:
Расширение связей
Расширять и улучшать на различных уровнях сотрудничество и связи в области культуры, в частности: • заключать в соответствующих случаях соглашения на двусторонней или многосторонней основе, предусматривающие расширение связей между компетентными государствен- ными учреждениями и неправительственными организациями в области культуры, а также между деятелями культуры, учитывая необходимость как гибкости, так и наи- более полного использования существующих соглашений, и имея в виду, что соглаше- ния, а также другие договоренности являются важным средством развития культурного сотрудничества и обменов; • содействовать развитию непосредственных связей и сотрудничества между соответству- ющими государственными учреждениями и неправительственными организациями, включая там, где это необходимо, такие связи и сотрудничество, которые осуществля- ются на основе специальных соглашений и договоренностей; • поощрять непосредственные контакты и связи между деятелями культуры, включая там, где это необходимо, такие контакты и связи, которые осуществляются на основе специ- альных соглашений и договоренностей.
Взаимное ознакомление
Принимать в пределах их компетенции на двух- и многосторонней основе подходящие меры, направленные на более широкое и полное взаимное ознакомление их народов с достиже- ниями в различных областях культуры, в том числе: • совместно изучить, в случае необходимости с привлечением соответствующих между- народных организаций, возможность создания в Европе и структуры института данных в области культуры, который собирал бы поступающие от стран- участниц данные и пре- доставлял их своим корреспондентам по их запросам, и созвать с этой целью совещание экспертов из заинтересованных государств; • рассмотреть, в случае необходимости совместно с соответствующими международными организациями, пути создания в Европе каталога документальных фильмов культурного или научного характера государств-участников; • благоприятствовать более частому показу выставок книг и изучить возможность регу- лярного проведения в Европе крупной выставки книг государств-участников; • способствовать систематическому обмену между соответствующими учреждениями и издательствами каталогами имеющихся книг, а также рекламными материалами, по возможности, о всех готовящихся к выпуску публикациях и стимулировать обмен
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материалами между издательствами энциклопедической литературы с целью улучше- ния отображения каждой страны; • совместно изучать вопросы расширения и улучшения обмена информацией в различных областях культуры, в таких, как театр, музыка, библиотечное дело, а также сохранение и реставрация культурных ценностей.
Обмен и распространение
Содействовать улучшению возможностей для обменов и распространения культурных цен- ностей подходящими способами, в частности: • изучать возможности гармонизации и уменьшения обложений, связанных с междуна- родным обменом на коммерческой основе книгами и другими материалами культурного характера, а также новые способы страхования произведений искусства на выставках за рубежом и снижения риска повреждения или утраты, которым подвержены эти произ- ведения в связи с их перемещением; • облегчать прохождение таможенных формальностей в совместимые с календарем худо- жественных мероприятий в отношении произведений искусства и реквизита, перечис- ленных в списках, согласованных между организаторами этих мероприятий; • поощрять встречи между представителями компетентных организаций и соответствую- щих фирм в целях изучения входящих в их ведение мер, таких, как упрощение оформления заказов, сроков поставок и условий платежей, которые могли бы облегчить международ- ный обмен книгами на коммерческой основе; • содействовать предоставлению во временное пользование фильмов и обмену ими между их научно-исследовательскими кинематографическими институтами и фильмотеками; • поощрять обмен информацией между заинтересованными сторонами о мероприятиях культурного характера, запланированных для проведения в государствах-участниках в областях, где это является наиболее подходящим, таких, как музыка, театр и изобра- зительное искусство, с тем, чтобы способствовать составлению и изданию календаря таких мероприятий, если необходимо, с помощью соответствующих международных организаций; • благоприятствовать изучению последствий, которые предвидимое развитие и возможная гармонизация между заинтересованными сторонами технических средств, используе- мых для распространения культуры, могли бы иметь для развития культурного сотруд- ничества и обменов, имея при этом в виду сохранение разнообразия и самобытности их соответствующих культур; • поощрять в рамках их культурной политики подходящими для них способами дальней- шее развитие интереса к культурному достоянию других государств- участников, созна- вая, что каждая культура имеет достоинства и ценность; • заботиться о полном и эффективном применении международных соглашений и кон- венций об авторском праве и о распространении культурных ценностей, в которых они участвуют или к которым они решили бы присоединиться в будущем.
Доступ
Содействовать более полному взаимному доступу всех к достижениям – произведениям, опыту, исполнительскому искусству – в различных областях культуры их стран и с этой целью предпринимать возможные усилия в соответствии с их компетенцией, в частности:
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• содействовать дальнейшему расширению распространения книг и художественных про- изведений, в частности, такими путями, как: – способствовать при полном учете международных конвенций по авторскому праву, в которых они участвуют, международным контактам и связям между авторами и изда- тельствами, а также другими учреждениями культуры, имея в виду более полный вза- имный доступ к достижению культуры; – рекомендовать, чтобы издательства при определении тиражей учитывали также запросы из других государств-участников и чтобы права на продажу, где это возможно, могли предоставляться в других государствах-участниках по согласованию между заинтере- сованными сторонами нескольким торговым организациям стран-импортеров; – поощрять компетентные организации и соответствующие фирмы заключать соглаше- ния и контракты и содействовать таким путем постепенному увеличению количества и разнообразия произведений авторов других государств-участников, имеющихся в наличии в оригинале и в переводах в их библиотеках и книжных магазинах; – содействовать увеличению там, где это будет признано подходящим, числа пунктов, в которых будут продаваться в оригинале импортируемые по соглашениям и контрак- там книги авторов других государств-участников и переводы; – поощрять расширение перевода произведений в области литературы и в других обла- стях культурной деятельности с языков других государств-участников, в частности произведений, созданных на менее распространенных языках, а также издания и рас- пространения переводных произведений с помощью таких, например, мер, как: – содействие более регулярным контактам между заинтересованными издательствами; – развитие их усилий в подготовке и совершенствовании переводчиков; – оказание содействия подходящими средствами издательствам их стран в публикации переводных произведений; – поощрение обмена между издателями и заинтересованными учреждениями списками книг, которые могли бы быть переведены; – содействие профессиональной деятельности и сотрудничеству переводчиков их стран; – проведение совместного изучения путей дальнейшего развития перевода и распро- странения переводных произведений, – улучшать и расширять книгообмен и обмен библиографиями и библиографическими карточками между библиотеками; • иметь в виду другие подходящие мероприятия, которые позволяли бы, когда необходимо, по взаимному согласию между заинтересованными сторонами, способствовать доступу к достижениям культуры друг друга, в частности в области книжного дела; • содействовать соответствующим образом более широкому использованию средств мас- совой информации в целях лучшего взаимного ознакомления с их культурной жизнью; • стремиться улучшать необходимые условия для рабочих-мигрантов и их семей, с тем, чтобы они могли сохранять связи со своей национальной культурой и осваиваться в новой культурной среде; • поощрять компетентные организации и фирмы к более широкому отбору и прокату худо- жественных и документальных кинофильмов других государств-участников, а также содействовать более частым некоммерческим показам, таким, как премьеры, киноне- дели и фестивали, уделяя должное внимание фильмам тех стран, киноискусство кото- рых менее известно;
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• содействовать подходящими средствами расширению возможностей для работы специа- листов из других государств-участников с материалами культурного характера из кино- и аудиовизуальных архивов в рамках правил, существующих для работы с такими архивными материалами; • поощрять совместное изучение заинтересованными организациями – с привлечением, в соответствующих случаях, компетентных международных организаций – целесообраз- ности и условий создания перечня их телевизионных фильмов-программ культурного характера, а также средств быстрого просмотра в целях облегчения их отбора и возмож- ного приобретения.
Контакты и сотрудничество
Способствовать подходящими средствами развитию контактов и сотрудничества в различ- ных областях культуры, в частности между творческими работниками и деятелями куль- туры, а именно стремясь: • благоприятствовать поездкам и встречам деятелей культуры, включая там, где это необ- ходимо, такие поездки и встречи, которые осуществляются на основе соглашений, кон- трактов или других специальных договоренностей и которые относятся к их культурному сотрудничеству; • поощрять таким путем контакты между творческими работниками, исполнителями и художественными коллективами в целях совместной работы, ознакомления с их произ- ведениями в других государствах-участниках или обмена мнениями по вопросам, отно- сящимся к их совместной деятельности; • поощрять, когда необходимо, путем соответствующих договоренностей, обмены стаже- рами и специалистами и предоставление стипендий для подготовки и совершенствования в различных областях культуры, таких, как искусство и архитектура, музейное и библио- течное дело, литературоведение и литературный перевод, и содействовать созданию бла- гоприятных условий приема в их соответствующих учреждениях; • содействовать обмену опытом в подготовке персонала, занимающегося организацион- ной деятельностью в области культуры, а также преподавателей и специалистов в таких областях, как театр, опера, балет, музыка и изобразительное искусство; • продолжать поощрять организацию международных встреч творческих работников, и в частности молодых творческих работников, по актуальным вопросам художественного и литературного творчества, представляющим интерес для совместного рассмотрения; • изучать другие возможности развития обменов и сотрудничества между деятелями куль- туры в целях лучшего взаимного ознакомления с культурной жизнью государств-участ- ников.
Области и формы сотрудничества
Поощрять поиски новых областей и форм культурного сотрудничества, содействуя в этих целях заключению между заинтересованными сторонами, где это необходимо, соответству- ющих соглашений и договоренностей, и в этой связи благоприятствовать: • совместному изучению вопросов политики в области культуры, в частности ее социаль- ных аспектов, а также ее связи с политикой в области планирования, градостроитель- ства, образования, окружающей среды и культурных аспектов туризма;
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• обмену знаниями по вопросам культурного разнообразия, с тем, чтобы способствовать таким образом лучшему пониманию заинтересованными сторонами такого разнообра- зия там, где оно встречается; • обмену информацией и, где это является подходящим, встречам экспертов, подготовке и осуществлению исследовательских программ и проектов, а также их совместной оценке и распространению результатов по названным выше вопросам; • таким формам культурного сотрудничества и дальнейшему проведению таких совмест- ных мероприятий, как: • международные мероприятия в области изобразительного искусства, кино, театра, балета, музыки, народного творчества и т.д.; книжные ярмарки и выставки, совместные поста- новки спектаклей в оперных и драматических театрах, а также выступления солистов, инструментальных ансамблей, оркестров, хоровых и других художественных коллекти- вов, в том числе самодеятельных, уделяя должное внимание организации международ- ных культурных мероприятий молодежи и обмену молодыми артистами; • включение произведений писателей и композиторов других государств-участников в репертуар солистов и художественных коллективов; • подготовка, перевод и издание статей, очерков, монографий, а также книг по невысоким ценам и сборников по изобразительному искусству и литературе, способствующих улуч- шению ознакомления с соответствующими достижениями культуры, предусматривая в этих целях встречи между экспертами и представителями издательств; • совместное производство и обмен фильмами, а также теле- и радиопрограммами, содей- ствуя, в частности, встречам между продюсерами, техническими специалистами и пред- ставителями государственных учреждений в целях выявления благоприятных условий осуществления конкретных совместных проектов и способствуя созданию, в области совместного производства, международных съемочных групп; • организация конкурсов в области архитектуры и градостроительства, имея в виду воз- можность осуществления лучших проектов и образования там, где это возможно, меж- дународных групп; • осуществление совместных проектов сохранения, реставрации и возрождения произве- дений искусства, исторических и археологических памятников и мест, представляющих культурный интерес, с участием в подходящих случаях международных организаций пра- вительственного и неправительственного характера, а также частных учреждений – ком- петентных и осуществляющих деятельность в этой области – предусматривая в этих целях: – периодические встречи экспертов заинтересованных сторон для разработки необхо- димых предложений, имея в виду необходимость рассмотрения этих вопросов в более широком социальном и экономическом контексте; – опубликование статей в соответствующих периодических изданиях в целях ознаком- ления с наиболее значительными достижениями и нововведениями и их сопоставле- ния между государствами-участниками; – совместное изучение в целях улучшения и возможной гармонизации различных систем, применяемых для составления перечней и каталогов исторических памятников и мест культурного характера в их странах; – изучение возможности организации международных курсов по подготовке реставра- торов различных специальностей.
***
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Национальные меньшинства или региональные культуры.
Государства-участники, признавая вклад, который национальные меньшинства или реги- ональные культуры могут вносить в сотрудничество между ними в различных областях культуры, намерены в случае, когда на их территории имеются такие меньшинства или культуры, способствовать этому вкладу с учетом законных интересов их членов.
4. Сотрудничество и обмены в области образования
Государства-участники,
сознавая, что развитие отношений международного характера в области образования и науки способствует лучшему взаимопониманию, полезно всем народам и благотворно для грядущих поколений,
готовые содействовать дальнейшему развитию обменов знаниями и опытом, а также кон- тактов между организациями, учреждениями и деятелями образования и науки на основе специальных договоренностей, где таковые необходимы,
желая укреплять связи между учебными и научными учреждениями, а также поощрять сотрудничество между ними в областях, представляющих общий интерес, в частности в тех, в которых уровень знаний и ресурсов требует международного объединения усилий, и убежденные, что прогресс в этих областях должен сопровождаться и поддерживаться более широким знанием иностранных языков,
выражают в этих целях свое намерение, в частности:
(a) Расширение связей
Расширять и улучшать на различных уровнях сотрудничество и связи в области образо- вания и науки, в частности, путем: • заключения в соответствующих случаях соглашений – на двусторонней или многосто- ронней основе, – предусматривающих сотрудничество и обмены между государствен- ными учреждениями, неправительственными организациями и деятелями образования и науки, учитывая при этом необходимость как гибкости, так и более полного использо- вания существующих соглашений и договоренностей; • содействия установление непосредственной договоренности между университетами и дру- гими высшими учебными заведениями и научными учреждениями в рамках межправи- тельственных соглашений в соответствующих случаях; • поощрения непосредственных контактов и связей между деятелями образования и науки, включая такие, которые осуществляются на основе специальных соглашений или дого- воренностей там, где последние необходимы.
(b) Доступ и обмены
Улучшать доступ на взаимоприемлемых условиях для студентов, преподавателей и ученых государств-участников в учебные, культурные и научные учреждения друг друга и разви- вать обмены между этими учреждениями во всех областях, представляющих общий инте- рес, в частности, путем:
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• расширения обмена информацией о возможностях обучения и специальностях, откры- тых для иностранных участников, а также об условиях приема и пребывания; • содействия поездкам студентов, преподавателей и ученых из одних государств- участни- ков в другие для учебы, преподавания, научной работы, а также для лучшего ознакомле- ния с достижениями образования, науки и культуры друг друга; • поощрения предоставления студентам, преподавателям и ученым других государств-у- частников стипендий для обучения, преподавания или проведения научной работы в их странах; • разработки, развития или поощрения программ, предусматривающих более широкие обмены студентами, преподавателями и учеными, включая организацию симпозиумов, семинаров, совместных проектов и обмен учебной и научной информацией, такой, как университетские издания и библиотечные материалы; • содействия эффективному осуществлению таких мероприятий и программ путем своев- ременного направления ученым, преподавателям и студентам более подробной инфор- мации относительно их приема в университеты и институты и предусмотренных для них программ; обеспечения им возможности пользоваться соответствующими учеб- ными, научными и открытыми архивными материалами; содействия их поездкам вну- три принимающего государства, осуществляемым как в учебных или научных целях, так и в форме каникулярных туров на основе обычного порядка; • содействия более глубокому анализу проблем сравнимости и эквивалентности ученых степеней и дипломов посредством поощрения обмена информацией относительно орга- низации, продолжительности и содержания обучения, сравнения методов оценки уров- ней знаний и научной квалификации и, где возможно, достижения взаимного признания ученых степеней и дипломов либо на основе правительственных соглашений, где это необходимо, либо на основе непосредственных договоренностей между университетами и другими высшими учебными заведениями и научными учреждениями; • рекомендации, кроме того, соответствующим международным организациям, чтобы они умножили свои усилия, направленные на достижение общеприемлемого решения про- блем сравнимости и эквивалентности ученых степеней и дипломов.
(c) Наука
В пределах своей компетенции расширять и улучшать сотрудничество и обмены в обла- сти науки, в частности:
Развивать на двусторонней или многосторонней основе обмен и распространение научной информации и документации такими путями, как: • более широкое предоставление этой информации ученым и научным работникам дру- гих государств-участников, например путем участия в международных системах науч- ной информации или посредством других соответствующих договоренностей; • расширение и улучшение обмена образцами и другими научными материалами, в част- ности используемыми при фундаментальных исследованиях в областях естественных наук и медицины; • обращение к научным учреждениям и университетам полнее и регулярнее информи- ровать друг друга относительно их текущих и будущих исследований в областях, пред- ставляющих общий интерес.
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Способствовать расширению связей, а также непосредственных контактов между универ- ситетами, научными учреждениями, научными обществами и между учеными и научными работниками, включая те, которые осуществляются, где это необходимо, на основе специ- альных соглашений или договоренностей такими путями, как: • дальнейшее развитие обменов учеными и научными работниками и поощрение созыва подготовительных совещаний или рабочих групп по научно-исследовательским темам, представляющим общий интерес; • поощрение создания объединенных коллективов ученых для осуществления исследова- тельских проектов на основе договоренностей между научными институтами несколь- ких стран; • содействие подготовке и успешному проведению международных конференций и семи- наров и участию в них своих ученых и научных работников; • возможность созыва, кроме того, в недалеком будущем «Научного форума», представля- ющего собой встречу ведущих деятелей науки государств-участников для обсуждения комплексных проблем, имеющих общий интерес в области современного и будущего раз- вития науки, и для содействия дальнейшему расширению контактов, связей и обмена информацией между научными учреждениями и между учеными; • возможный созыв в ближайшее время совещания экспертов, представляющих государ- ства-участники и их национальные научные учреждения, для подготовки «Научного форума» при консультации с соответствующими международными организациями, такими, как ЮНЕСКО и Европейская экономическая комиссия ООН; • изучение в надлежащее время дальнейших шагов, которые могли бы быть предприняты в отношении «Научного форума».
Развивать в области научных исследований на двусторонней или многосторонней основе координацию программ, выполняемых в государствах-участниках, и организацию совмест- ных программ, в частности в нижеприводимых секторах, где могут оказаться необходи- мыми совместные усилия ученых и использование в определенных случаях дорогостоящего или уникального оборудования. Наименования перечисленных областей в этих секторах приводятся в качестве иллюстрации, а конкретные проекты должны впоследствии опре- деляться потенциальными партнерами в государствах-участниках с учетом вклада, кото- рый мог бы быть сделан соответствующими международными организациями и научными учреждениями: • точные и естественные науки, в частности фундаментальные исследования в таких обла- стях, как математика, физика, теоретическая физика, геофизика, химия, биология, эко- логия и астрономия; • медицина, в частности фундаментальные исследования онкологических и сердечно-со- судистых заболеваний, изучение эндемических заболеваний в развивающихся странах, а также исследования в области социальной медицины, касающиеся главным образом профессиональных заболеваний, восстановления трудоспособности лиц с физическими недостатками и помощи матери, ребенку и престарелым; • гуманитарные и социальные науки, такие, как история, география, философия, психоло- гия, педагогика, лингвистика, социология, юридические, политические и экономические науки; сравнительные исследования социальных, социально- экономических и культур- ных явлений, представляющих общий интерес для государств-участников, в частности проблем окружающей человека среды и развития городов, а также научные исследова- ния в области методов сохранения и реставрации памятников и произведений искусства.
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(d) Иностранные языки и цивилизации
Поощрять изучение иностранных языков и цивилизаций в качестве важного средства для расширения общения между народами, для их лучшего ознакомления с культурой каждой страны, а также для укрепления международного сотрудничества и с этой целью стиму- лировать в пределах своей компетенции дальнейшее развитие и улучшение обучения ино- странным языкам и разнообразие их выбора на различных уровнях обучения, обращая надлежащее внимание на менее распространенные или менее изучаемые языки, и в част- ности: • усиливать сотрудничество, направленное на улучшение качества преподавания иностран- ных языков путем обмена информацией и опытом разработки и применения современ- ных эффективных методов обучения и технических средств, приспособленных к нуждам различных категорий обучающихся, включая методы ускоренного обучения, и иметь в виду возможность проведения на двусторонней или многосторонней основе исследо- ваний новых методов обучения иностранным языкам; • поощрять сотрудничество между соответствующими учреждениями на двусторонней или многосторонней основе в целях более полного использования возможностей совре- менных средств обучения иностранным языкам, осуществляемое, например, в форме сравнительных исследований, проводимых их специалистами, и, при наличии догово- ренности, в форме обменов или передачи аудио-визуальных материалов, а также материа- лов, используемых при написании учебников, и информации о новых типах технической аппаратуры, применяемой при обучении языкам; • поощрять сотрудничество между экспертами в области лексикографии в целях опре- деления необходимых терминологических эквивалентов, особенно в области научных и технических дисциплин, с тем, чтобы содействовать общению между научными учреж- дениями и специалистами; • содействовать более широкому распространению изучения иностранных языков в сред- них учебных заведениях различных типов и увеличению возможности выбора из большего числа европейских языков и в этой связи рассматривать, где это уместно, возможности расширения набора и подготовки преподавателей и организации необходимых учеб- ных групп; • поощрять предоставление в высших учебных заведениях большего выбора языков для студентов-лингвистов и расширение возможностей для других студентов изучать раз- личные иностранные языки, а также содействовать, где это желательно, организации лекций по языку и цивилизации – на основе специальных договоренностей, где это необ- ходимо, – проводимых иностранными преподавателями, в частности из тех европейских государств, языки которых менее распространены или менее изучаются; • содействовать в рамках образования взрослых дальнейшей разработке специализиро- ванных программ, отвечающих разносторонним интересам и потребностям, для обу- чения иностранным языкам граждан своих стран и для обучения языку принимающей страны интересующихся этим взрослых граждан из других стран и поощрять в этой связи сотрудничество между заинтересованными учреждениями, например в создании программ для обучения по радио и телевидению или ускоренными методами, а также, где это желательно, в определении конкретного назначения таких программ, имея в виду достижение сравнимых уровней подготовки по языкам; • поощрять сочетание, где это уместно, обучения иностранным языкам с изучением соответ- ствующих цивилизаций, а также прилагать дальнейшие усилия для стимулирования инте- реса к изучению иностранных языков, включая подходящие внеклассные мероприятия.
25 Хельсинки, 1975 г
(е) Методы преподавания
Содействовать на двусторонней или многосторонней основе обмену опытом относительно методов обучения, применяемых на всех уровнях образования, в том числе тех, которые используются в непрерывном образовании и при обучении взрослых, а также обмену учеб- ными материалами, в частности, путем: • дальнейшего развития различных форм контактов и сотрудничества в разных областях педагогической науки, например посредством сравнительных или совместных иссле- дований, проводимых заинтересованными учреждениями, или обмена информацией о результатах педагогических экспериментов; • расширения обменов информацией о методах обучения, применяемых в различных системах образования, и о результатах исследований процессов усвоения знаний уча- щимися и студентами с учетом соответствующего опыта различных типов специаль- ных учебных заведений; • содействия обменам опытом относительно организации и функционирования образо- вания, предназначенного для взрослых, включая периодическое продолжение обуче- ния, осуществления связей между этими и другими формами и уровнями образования, а также относительно способов сочетания образования, включая профессиональное и техническое, с потребностями экономического и социального развития в их странах; • поощрения обменов опытом воспитания молодежи, а также взрослых в духе взаимопони- мания между народами, уделяя особое внимание важным проблемам человечества, реше- ние которых требует общего подхода и более широкого международного сотрудничества; • поощрения обменов учебными материалами – включая школьные учебники, имея в виду возможность содействовать взаимному ознакомлению и способствовать представлению в таких учебниках каждой страны, – а также обменов информацией о технических ново- введениях в области образования. (…)
Национальные меньшинства или региональные культуры.
Государства-участники, признавая вклад, который национальные меньшинства или реги- ональные культуры могут вносить в сотрудничество между ними в различных областях образования, намерены в случае, когда на их территории имеются такие меньшинства или культуры, способствовать этому вкладу с учетом законных интересов их членов.
Дальнейшие шаги после Совещания
Государства-участники,
рассмотрев и оценив прогресс, достигнутый на Совещании по безопасности и сотрудни- честву в Европе,
считая далее, что в более широком мировом контексте, Совещание является важной частью процесса упрочения безопасности и развития сотрудничества в Европе и что его резуль- таты внесут значительный вклад в этот процесс,
26 Хельсинки, 1975 г
намереваясь претворять в жизнь положения Заключительного акта Совещания, с тем, чтобы придать полную действенность его результатам и тем самым продвигать вперед процесс упрочения безопасности и развития сотрудничества в Европе,
убежденные, что для достижения целей, преследуемых Совещанием, они должны прила- гать новые односторонние, двусторонние и многосторонние усилия и продолжать в соот- ветствующих формах, изложенных ниже, многосторонний процесс, начатый Совещанием,
1. Заявляют о своей решимости, в период после Совещания, должным образом учитывать и выполнять положения Заключительного акта Совещания: а) в одностороннем порядке во всех случаях, которые подходят для такого действия; b) в двустороннем порядке путем переговоров с другими государствами-участниками; с) в многостороннем порядке путем встреч экспертов государств-участников, а также в рамках существующих международных организаций, таких как Европейская экономи- ческая комиссия ООН и ЮНЕСКО в том, что касается сотрудничества в области образо- вания, науки и культуры;
2. Заявляют далее о своей решимости продолжать многосторонний процесс, начатый Сове- щанием: а) путем проведения углубленного обмена мнениями как о выполнении положений Заклю- чительного акта и задач, определенных Совещанием, так и, в контексте вопросов, обсуж- давшихся на нем, об улучшении их взаимоотношений, упрочении безопасности и развитии сотрудничества в Европе, развитии процесса разрядки в будущем; b) путем организации в этих целях встреч между их представителями, начиная со встречи на уровне представителей, назначенных министрами иностранных дел. Эта встреча опре- делит соответствующие условия для проведения других встреч, которые могли бы вклю- чать последующие встречи подобного рода и возможность нового совещания;
3. Первая из встреч, упомянутых выше, состоится в Белграде в 1977 г. Подготовительная встреча для организации этой встречи состоится в Белграде 15 июня 1977 г. Подготови- тельная встреча примет решение о дате, продолжительности, повестке дня и других усло- виях встречи представителей, назначенных министрами иностранных дел;
4. Правила процедуры, рабочие методы и шкала распределения расходов данного Совеща- ния будут, mutatis mutandis, применяться к встречам, предусмотренным выше в парагра- фах 1 (с), 2 и 3. Все вышеуказанные встречи будут проводиться в государствах-участниках в порядке ротации. Обслуживание техническим секретариатом будет обеспечиваться при- нимающей страной.
Подлинник настоящего Заключительного акта, составленный на английском, испанском, итальянском, немецком, русском и французском языках, будет передан правительству Финляндской Республики, которое будет хранить его в своих архивах. Каждое из госу- дарств-участников получит от правительства Финляндской Республики заверенную копию настоящего Заключительного акта.
Текст настоящего Заключительного акта будет опубликован в каждом государстве-участ- нике, которое распространит его и обеспечит возможно более широкое ознакомление с ним.
27 Хельсинки, 1975 г
К правительству Финляндской Республики обращается просьба направить Генеральному секретарю Организации Объединенных Наций текст настоящего Заключительного акта, который не подлежит регистрации на основании статьи 102 Устава Организации Объеди- ненных Наций, с целью его распространения среди всех членов Организации в качестве официального документа Организации Объединенных Наций.
К правительству Финляндской Республики обращается также просьба направить текст настоящего Заключительного акта Генеральному директору ЮНЕСКО и Исполнительному секретарю Европейской экономической комиссии ООН.
В удостоверение всего этого нижеподписавшиеся Высокие Представители государств-у- частников, сознавая высокое политическое значение, которое придается ими результатам Совещания, и заявляя об их решимости действовать в соответствии с положениями, содер- жащимися в изложенных выше текстах, поставили свои подписи под настоящим Заклю- чительным актом. (…)
28 Итоговый документ мадридской встречи 1980 г. (Вторая Встреча в рамках дальнейших шагов)
Мадрид, 1983 г.
Вопросы, относящиеся к безопасности в Европе
Государства-участники выражают свою решимость • прилагать новые усилия к тому, чтобы делать разрядку эффективным, а также непре- рывным, все более жизнеспособным и всесторонним процессом, всеобщим по охвату, в соответствии с обязательством по Заключительному акту; • искать решения неурегулированных проблем мирными средствами; • последовательно выполнять все положения Заключительного акта, и в частности строго и неукоснительно уважать и осуществлять на практике все десять принципов, содержа- щихся в Декларации принципов, которыми государства- участники руководствуются во взаимных отношениях, независимо от их политических, экономических и социальных систем, а также их размера, географического положения и уровня экономического раз- вития, включая их приверженность осуществлению своих отношений со всеми другими государствами в духе этих принципов; • развивать отношения взаимного сотрудничества, дружбы и доверия, воздерживаясь от любых действий, которые, находясь в противоречии с Заключительным актом, могли бы повредить таким отношениям; • поощрять подлинные усилия по выполнению Заключительного акта; • прилагать подлинные усилия в направлении сдерживания усиливающегося наращива- ния вооружений, а также в направлении укрепления доверия и безопасности и содей- ствия разоружению.
Принципы
Они вновь подтверждают свою решимость полностью уважать и применять эти принципы и, соответственно, содействовать всеми мерами как в законодательном плане, так и на практике повышению их действенности. Они считают, что одной из таких мер могло бы явиться отражение в законодательстве – таким способом, который соответствует практике и процедурам каждой страны, – изложенных в Заключительном акте десяти принципов.
Они признают важность того, чтобы договоры и соглашения, заключаемые государства- ми-участниками, отражали соответствующие принципы и согласовывались с ними и в под- ходящих случаях содержали ссылки на них.
29 Мадрид, 1983 г
Государства-участники вновь подтверждают необходимость того, чтобы неприменение силы или угрозы силой, как закон международной жизни, строго и эффективно соблюда- лось. С этой целью они подчеркивают свою обязанность согласно соответствующим поло- жениям Заключительного акта действовать соответственно.
Государства-участники осуждают терроризм, в том числе терроризм в международных отношениях, как ставящий под угрозу или уносящий жизни ни в чем не повинных людей или иным образом подвергающий опасности права человека и основные свободы, и под- черкивают необходимость принятия решительных мер по борьбе с ним. Они выражают свою решимость принимать эффективные меры по предотвращению и пресечению актов терроризма как на национальном уровне, так и посредством международного сотрудниче- ства, включая соответствующие двусторонние и многосторонние соглашения, и соответ- ственно расширять и укреплять взаимное сотрудничество в борьбе с такими актами. Они соглашаются делать это в соответствии с Уставом Организации Объединенных Наций, Декларацией Организации Объединенных Наций о принципах международного права, касающихся дружественных отношений и сотрудничества между государствами, и хель- синкским Заключительным актом.
В контексте борьбы против актов терроризма они будут принимать все соответствующие меры к тому, чтобы воспрепятствовать использованию их соответствующих территорий с целью подготовки, организации или совершения террористической деятельности, вклю- чая направленную против других государств-участников и их граждан. Это распростра- няется также на меры по запрещению на их территориях незаконной деятельности лиц, групп и организаций, которые подстрекают, организуют акты терроризма или участвуют в их совершении.
Государства-участники подтверждают, что они будут воздерживаться от оказания прямой или косвенной помощи террористической деятельности или подрывной или другой деятель- ности, направленной на насильственное свержение режима другого государства-участника. Соответственно они будут воздерживаться, в том числе, от финансирования, поощрения и подстрекательства любой такой деятельности или проявления терпимости к ней.
Они выражают свою решимость сделать все от них зависящее для обеспечения необхо- димой безопасности всех официальных представителей и лиц, которые участвуют на их территориях в деятельности в рамках дипломатических, консульских или иных офици- альных отношений.
Они подчеркивают, что все государства-участники признают в Заключительном акте все- общее значение прав человека и основных свобод, уважение которых является существен- ным фактором мира, справедливости и благополучия, необходимых для обеспечения развития дружественных отношений и сотрудничества между ними, как и между всеми государствами.
Государства-участники подчеркивают свою решимость поощрять и развивать эффективное осуществление прав человека и основных свобод, которые все вытекают из достоинства, присущего человеческой личности, и являются существенными для ее свободного и полного развития, и обеспечивать постоянный и ощутимый прогресс в соответствии с Заключитель- ным актом в целях дальнейшего и устойчивого продвижения в этой области во всех госу- дарствах-участниках, независимо от их политических, экономических и социальных систем.
30 Мадрид, 1983 г
Они равным образом подчеркивают свою решимость совершенствовать свои законы и адми- нистративные правила в области гражданских, политических, экономических, социаль- ных, культурных и других прав человека и основных свобод; они также подчеркивают свою решимость обеспечивать эффективное осуществление этих прав и свобод.
Они напоминают о праве лиц знать свои права и обязанности в области прав человека и основных свобод и поступать в соответствии с ними, как оно воплощено в Заключитель- ном акте, и будут принимать необходимые меры в своих странах в целях эффективного обеспечения этого права.
Государства-участники подтверждают, что они будут признавать, уважать и, кроме того, соглашаются принимать меры, необходимые для обеспечения свободы личности испове- довать, единолично или совместно с другими, религию или веру, действуя согласно веле- нию собственной совести.
В этом контексте они будут проводить консультации во всех случаях, когда это необходимо, с религиозными культами, учреждениями и организациями, которые действуют в консти- туционных рамках своих стран.
Они будут благожелательно рассматривать ходатайства религиозных объединений верую- щих, исповедующих или готовых исповедовать свою веру в конституционных рамках своих государств, о предоставлении статуса, предусматриваемого в их странах для религиозных культов, учреждений и организаций.
Они также подчеркивают важность постоянного прогресса в обеспечении уважения прав лиц, принадлежащих к национальным меньшинствам, и их фактического пользования этими правами, а также в защите их законных интересов, как предусматривается в Заклю- чительном акте.
Они подчеркивают важность обеспечения равноправия мужчин и женщин; соответственно, они соглашаются принимать все необходимые меры для поощрения одинаково эффектив- ного участия мужчин и женщин в политической, экономической, социальной и культур- ной жизни.
Государства-участники будут обеспечивать право трудящихся свободно создавать и всту- пать в профессиональные союзы, право профессиональных союзов свободно осуществлять свою деятельность и другие права, как они изложены в соответствующих международных актах. Они отмечают, что эти права будут осуществляться при соблюдении законодатель- ства государства и в соответствии с обязательствами государства по международному праву. Они будут поощрять должным образом прямые контакты и связь между такими профес- сиональными союзами и их представителями.
Они подтверждают, что правительства, учреждения, организации и люди могут играть соответствующую и положительную роль в содействии достижению вышеупомянутых целей их сотрудничества.
Они подтверждают особое значение Всеобщей декларации прав человека, Международ- ных пактов о правах человека и других соответствующих международных документов в их совместных и самостоятельных усилиях по поощрению и развитию всеобщего ува- жения прав человека и основных свобод; они обращаются с призывом ко всем государ- ствам-участникам действовать в соответствии с этими международными документами, а
31 Мадрид, 1983 г
к тем государствам-участникам, которые этого еще не сделали, рассмотреть возможность присоединения к Пактам.
Они соглашаются благожелательно рассматривать использование двусторонних встреч «круглого стола», проводимых на добровольной основе между делегациями, составленными каждым государством-участником, для обсуждения вопросов прав человека и основных свобод в соответствии с согласованной повесткой дня в духе взаимного уважения в целях достижения большего взаимопонимания и сотрудничества, основанного на положениях Заключительного акта.
Они решают созвать совещание экспертов государств-участников по вопросам, касаю- щимся уважения в их государствах прав человека и основных свобод во всех их аспектах, как воплощено в Заключительном акте. (…)
Сотрудничество в области экономики, науки и техники и окружающей среды (…)
Государства-участники, в контексте положений Заключительного акта, касающихся мигри- рующей рабочей силы в Европе, отмечают, что развитие мировой экономики в послед- нее время затронуло положение рабочих-мигрантов. В этой связи государства-участники выражают пожелание, чтобы принимающие страны и страны происхождения, руковод- ствуясь духом взаимной заинтересованности и сотрудничества, интенсифицировали свои контакты, имея в виду дальнейшее улучшение общего положения рабочих-мигрантов и их семей, в частности в том, что касается защиты прав человека, включая их экономические, социальные и культурные права, принимая особенно во внимание специальные проблемы мигрантов второго поколения. Они будут также стремиться обеспечивать или содейство- вать – в тех случаях, когда существуют разумные потребности, – соответствующему пре- подаванию языка и культуры страны происхождения.
Государства-участники рекомендуют, чтобы, наряду с другими мерами по облегчению соци- альной и экономической реинтеграции возвращающихся рабочих-мигрантов, была обе- спечена соответствующими законодательными средствами или взаимными соглашениями выплата пенсий, полагающихся или установленных в соответствии с системами социаль- ного обеспечения, к которым такие рабочие допущены в стране пребывания. (...)
Сотрудничество в гуманитарных и других областях
Государства-участники,
Напоминая о вводных частях главы о сотрудничестве в гуманитарных и других областях Заключительного акта, включая те, которые относятся к развитию взаимопонимания между ними и разрядки, и те, которые относятся к прогрессу в сфере обменов в области культуры и образования, более широкому распространению информации, контактам между людьми и решению гуманитарных проблем,
32 Мадрид, 1983 г
Решая продолжать и расширять сотрудничество в этих областях и достигать более полного использования возможностей, предоставляемых Заключительным актом,
Соглашаются в настоящее время осуществлять следующее:
Контакты между людьми
Государства-участники будут благожелательно рассматривать просьбы, относящиеся к кон- тактам и регулярным встречам на основе семейных связей, воссоединению семей и бра- кам между гражданами различных государств, и принимать по ним решения в таком духе.
Они будут принимать решения по таким просьбам в срочных случаях для семейных встреч по возможности быстрее, в случаях воссоединения семей и браков между гражданами раз- личных государств – в обычном порядке в течение шести месяцев, в случаях других семей- ных встреч – в постепенно сокращающиеся сроки.
Они подтверждают, что подача или возобновление просьбы в этих случаях не будет при- водить к изменению прав и обязанностей лиц, подавших просьбу, или членов их семей, в частности, что касается трудоустройства, жилья, местожительства, заботы об иждивен- цах, в вопросах получения социальных, экономических или образовательных льгот, а также иных прав и обязанностей, вытекающих из законов и административных правил соответ- ствующего государства-участника.
Государства-участники будут предоставлять необходимую информацию о процедуре, пред- назначенной для лиц, подающих заявления в этих случаях, и о правилах, которые подле- жат соблюдению, а также по просьбе заявителя, предоставлять соответствующие формы.
Они будут, где это необходимо, постепенно снижать сборы, взимаемые в связи с подачей ука- занных просьб, включая стоимость виз и паспортов, с тем, чтобы довести их до умеренного уровня в отношении к среднемесячному доходу в соответствующем государстве-участнике.
Лица, подавшие просьбы, будут информированы так быстро, как это возможно, о приня- том решении. В случаях отказа лица, подавшие просьбы, будут также информированы об их праве возобновить подачу просьбы через разумно непродолжительный период времени.
Государства-участники подтверждают свое обязательство полностью выполнять положения, касающиеся дипломатических и других официальных миссий и консульских представи- тельств других государств-участников, содержащиеся в соответствующих многосторон- них и двусторонних конвенциях, и облегчать нормальное функционирование этих миссий. Доступ посетителей в эти миссии будет обеспечиваться с должным учетом необходимых требований безопасности этих миссий.
Они также подтверждают свою готовность предпринять в рамках своей компетенции раз- умные шаги, включая в соответствующих случаях необходимые меры безопасности, с целью обеспечения удовлетворительных условий для деятельности в рамках взаимного сотруд- ничества на своей территории, например, для спортивных и культурных мероприятий, в которых принимают участие граждане других государств-участников.
Государства-участники будут стремиться в соответствующих случаях улучшать усло- вия предоставления юридической, консульской и медицинской помощи гражданам дру- гих государств-участников, временно находящимся на их территории по личным или
33 Мадрид, 1983 г
профессиональным причинам, принимая должным образом во внимание соответствую- щие многосторонние или двусторонние конвенции или соглашения.
Они будут и далее применять соответствующие положения Заключительного акта так, чтобы религиозные культы, учреждения, организации и их представители могли, в сфере своей деятельности, развивать контакты и встречи между собой и обмениваться информацией.
Государства-участники будут поощрять контакты и обмены между молодежью и содейство- вать расширению сотрудничества между их молодежными организациями. Они будут бла- гоприятствовать проведению среди молодежи и молодежных организаций мероприятий в области образования, культуры и других подобных мероприятий и форм деятельности. Они будут также поощрять изучение проблем, относящихся к подрастающему поколению. Государства-участники будут содействовать развитию молодежного туризма, индивидуаль- ного или коллективного, на основе соглашений, когда это необходимо, в том числе способ- ствуя предоставлению соответствующих льгот транспортными властями и туристскими организациями государств-участников или льгот, подобных тем, которые предоставляются железнодорожными властями, участвующими в системе «Интер-Рейл».
Информация
Государства-участники будут и далее поощрять более свободное и широкое распростране- ние печатных материалов, периодических и непериодических, импортируемых из других государств-участников, а также увеличение числа мест, где такие публикации находятся в общей продаже. Эти публикации будут также доступны в читальных залах крупных публичных библиотек и подобных учреждений.
В частности, чтобы способствовать улучшению распространения печатной информации государства-участники будут поощрять контакты и переговоры между их компетентными фирмами и организациями с целью заключения долгосрочных соглашений и контрактов, направленных на увеличение количества и числа наименований газет и других публикаций, импортируемых из других государств- участников. Они считают желательным, чтобы роз- ничные цены на иностранные публикации не были чрезмерными по отношению к ценам в стране их происхождения.
Они подтверждают свое намерение согласно соответствующим положениям Заключитель- ного акта расширять возможности общественности осуществлять подписку.
Они будут благоприятствовать дальнейшему расширению сотрудничества между сред- ствами массовой информации и их представителями, особенно между редакциями агентств печати, газет, радио и телевизионных организаций, а также кинокомпаний. Они будут поощ- рять более регулярный обмен новостями, статьями, приложениями, радиопередачами, а также обмен между редакциями с целью лучшего ознакомления с соответствующей прак- тикой. На основе взаимности они будут улучшать материальные и технические средства, предоставляемые постоянно или временно аккредитованным корреспондентам телевиде- ния и радио. Помимо этого, они будут облегчать непосредственные контакты между жур- налистами так же, как контакты в рамках профессиональных организаций.
Они будут принимать без чрезмерной задержки решения по просьбам о визах для журна- листов и вновь рассматривать в разумные сроки просьбы, в которых было отказано. Кроме того, на журналистов, желающих совершить поездку по личным причинам, а не с целью
34 Мадрид, 1983 г
профессиональной деятельности, распространяется тот же режим, что и на других посе- тителей из той же страны.
Они будут предоставлять постоянно аккредитованным корреспондентам и членам их семей, живущим с ними, многократные въездные и выездные визы сроком на один год.
Государства-участники будут изучать возможность предоставления на основе, где это необ- ходимо, двусторонних договоренностей аккредитации и соответствующих условий журна- листам из других государств-участников, постоянно аккредитованным в третьих странах. Они будут способствовать поездкам журналистов из других государств-участников по своей территории, в частности, принимая конкретные меры, где это необходимо, чтобы предо- ставлять им более широкие возможности для поездок, за исключением районов, закрытых по соображениям безопасности. Они будут информировать журналистов заранее, когда это возможно, если новые районы будут закрываться по соображениям безопасности.
Они будут и далее расширять возможности и, когда необходимо, улучшать условия для журналистов из других государств-участников для установления и поддержания личных контактов и связей с их источниками информации.
Они будут, как правило, разрешать, чтобы журналисты радио и телевидения по их просьбе сопровождались собственными звуко- и кинооператорами и использовали собственное оборудование.
Равным образом, журналисты могут иметь с собой справочные материалы, включая личные заметки и досье, которые будут использоваться строго для их профессиональных целей*.
Государства-участники будут, когда необходимо, облегчать создание и функционирование в своих столицах пресс-центров или учреждений, осуществляющих те же функции, откры- тых для местной и иностранной прессы, с подходящими условиями для работы последней.
Они будут также рассматривать другие пути и средства оказания помощи журналистам из других государств-участников и таким образом давать им возможность решать практиче- ские проблемы, с которыми они могут столкнуться.
Сотрудничество и обмены в области культуры
Они будут стремиться посредством осуществления надлежащих мер предоставлять соот- ветствующую информацию о возможностях, обеспечиваемых двусторонними культурными соглашениями и программами, заинтересованным лицам, учреждениям и неправитель- ственным организациям, содействуя таким образом их эффективному выполнению.
Государства-участники будут далее поощрять более широкое распространение книг, филь- мов и других форм и средств культурного выражения из других государств-участников и доступ к ним, улучшая с этой целью подходящими средствами на двусторонней и мно- госторонней основе условия международного коммерческого и некоммерческого обмена их культурными ценностями, в частности путем постепенного снижения таможенного обло- жения на такие предметы.
* В этом контексте существует понимание, что ввоз печатных материалов может регулироваться мест- ными правилами, которые будут применяться с должным учетом потребности журналистов в соответ- ствующих рабочих материалах.
35 Мадрид, 1983 г
Государства-участники будут стремиться поощрять перевод, издание и распространение работ в области литературы и других областях культурной деятельности из других госу- дарств-участников, особенно на менее распространенных языках, путем облегчения сотруд- ничества между издательствами, в частности путем обмена списками книг, которые могли бы быть переведены, а также другой соответствующей информацией.
Они будут содействовать развитию контактов, сотрудничеству и совместным проектам государств-участников, что касается защиты, сохранения и регистрации исторического наследия и памятников и взаимоотношений между человеком, окружающей средой и этим наследием; они выражают интерес к возможности созыва межправительственной конфе- ренции по этим вопросам в рамках ЮНЕСКО.
Государства-участники будут поощрять их радио- и телевизионные организации продолжать расширять показ культурных и художественных достижений других государств-участни- ков на основе двусторонних и многосторонних соглашений между этими организациями, предусматривающих, в частности, обмены информацией о подготовленных программах, трансляции представлений и программ из других государств-участников, совместные постановки, приглашение из других стран дирижеров и постановщиков, а также оказание взаимной помощи группам, осуществляющим съемки фильмов, посвященных культуре. (…)
Сотрудничество и обмены в области образования
Государства-участники будут содействовать достижению правительственных и неправи- тельственных договоренностей и соглашений в областях образования и науки, в осущест- влении которых будут принимать участие учебные и другие компетентные учреждения.
Государства-участники будут способствовать дальнейшему улучшению обменов студен- тами, преподавателями и учеными, их доступу к открытым информационным материалам в соответствии с действующими в каждой стране законами и административными прави- лами. В этом контексте они будут содействовать поездкам ученых, преподавателей и сту- дентов внутри принимающего государства, установлению ими контактов с их научными коллегами, а также поощрять библиотеки, высшие учебные заведения и подобные инсти- туты на их территории, делать доступными каталоги и перечни открытых архивных мате- риалов ученым, преподавателям и студентам других государств-участников.
Они будут поощрять более регулярный обмен информацией о программах научной подго- товки, курсах и семинарах молодых ученых и облегчать более широкое участие в этой дея- тельности молодых ученых из различных государств-участников. Они обратятся с призывом к соответствующим национальным и международным организациям и учреждениям ока- зать поддержку там, где это целесообразно, осуществлению такой учебной деятельности. (…)
Государства-участники будут благоприятствовать расширению возможностей по препода- ванию и изучению менее широко распространенных или изучаемых европейских языков. Они будут с этой целью стимулировать в рамках своей компетенции организацию и посе- щение летних университетских и других курсов, предоставление стипендий переводчикам и укрепление лингвистических факультетов, включая, в случае необходимости, обеспече- ние новых возможностей для изучения этих языков.
36 Мадрид, 1983 г
Государства-участники выражают свою готовность интенсифицировать обмены между собой и в рамках компетентных международных организаций учебными материалами, школьными учебниками, картами, библиографиями и другими образовательными матери- алами с целью содействовать лучшему взаимному знанию и облегчить более полное пред- ставление о своих соответствующих странах.
37 Документ стокгольмской конференции по мерам укрепления доверия и безопасности и разоружению в Европе Стокгольм, 1986 г.
(…)
Неприменение силы или угрозы силой (…)
(18) Государства-участники подчеркивают свою приверженность Заключительному акту и необходимость полного выполнения всех его положений, что будет продвигать вперед процесс упрочения безопасности и развития сотрудничества в Европе, содействуя тем самым международному миру и безопасности в мире в целом.
(19) Они подчеркивают свою приверженность всем принципам Декларации принципов, которыми государства-участники будут руководствоваться во взаимных отношениях, и заявляют о своей решимости уважать и применять их на практике, независимо от их политических, экономических и социальных систем, а также их размера, географического положения и уровня экономического развития.
(20) Все эти десять принципов имеют первостепенную важность и, следовательно, они будут одинаково и неукоснительно применяться при интерпретации каждого из них с уче- том других.
(21) Уважение и применение этих принципов будет способствовать развитию дружествен- ных отношений и сотрудничества между государствами-участниками во всех областях, охватываемых положениями Заключительного акта.
(22) Они вновь подтверждают свою приверженность основополагающему принципу суве- ренного равенства государств и подчеркивают, что все государства имеют равные права и обязанности в рамках международного права.
(23) Они подтверждают всеобщее значение прав человека и основных свобод. Уважение и эффективное осуществление этих прав и свобод является существенным фактором меж- дународного мира, справедливости и безопасности, а также развития дружественных отно- шений и сотрудничества между ними, как и между всеми государствами, как изложено в Декларации принципов, которыми государства- участники будут руководствоваться во взаимных отношениях.
38 Стокгольм, 1986 г
(24) Они подтверждают, что в более широком контексте безопасности в мире безопасность в Европе тесно связана с безопасностью в районе Средиземноморья в целом; в этом контексте они подтверждают свое намерение развивать добрососедские отношения со всеми государ- ствами в этом регионе с должным учетом взаимности и в духе принципов, содержащихся в Декларации принципов, которыми государства-участники будут руководствоваться во взаимных отношениях, с тем, чтобы содействовать доверию и безопасности и добиваться того, чтобы мир возобладал в этом регионе в соответствии с положениями, содержащи- мися в разделе Заключительного акта о Средиземноморье.
(25) Они подчеркивают необходимость принятия решительных мер по предотвращению и борьбе с терроризмом, включая терроризм в международных отношениях. Они выра- жают свою решимость принимать эффективные меры как на национальном уровне, так и посредством международного сотрудничества по предотвращению и пресечению всех актов терроризма. Они будут принимать все соответствующие меры к тому, чтобы воспре- пятствовать использованию их соответствующих территорий с целью подготовки, организа- ции или совершения террористической деятельности. Это распространяется также на меры по запрещению на их территориях незаконной деятельности, включая подрывную деятель- ность, лиц, групп и организаций, которые подстрекают, организуют акты терроризма или участвуют в их совершении, включая направленные против других государств и их граждан.
39 Итоговый документ венской встречи 1986 г. (Третья Встреча в рамках дальнейших шагов)
Вена, 1989 г.
(…)
Вопросы, относящиеся к безопасности в Европе
Государства-участники выражают свою решимость: • развивать нынешние позитивные изменения в их отношениях с тем, чтобы сделать раз- рядку жизнеспособным, всесторонним и подлинным процессом, всеобщим по охвату; • принять на себя ответственность за выполнение полностью обязательств, содержащихся в Заключительном акте и других документах СБСЕ; • наращивать свои усилия в поисках решения проблем, отягощающих их отношения, и в целях укрепления гарантий международного мира и безопасности; • содействовать сотрудничеству и диалогу между ними, обеспечивать эффективное осу- ществление прав человека и основных свобод и облегчать контакты и общение между людьми; • прилагать новые усилия в целях достижения дальнейшего прогресса в укреплении дове- рия и безопасности и содействия разоружению.
Принципы
(1) Государства-участники вновь подтверждают свою приверженность всем десяти прин- ципам, изложенным в содержащейся в Заключительном акте Декларации принципов, кото- рыми государства-участники руководствуются во взаимных отношениях, а также свою решимость уважать их и применять их на практике. Государства-участники подтверждают, что все эти принципы имеют первостепенную важность и, следовательно, они будут одина- ково и неукоснительно применяться при интерпретации каждого из них с учетом других.
(2) Они подчеркивают, что уважение и полное применение этих принципов, а также строгое соблюдение всех вытекающих из них обязательств по СБСЕ имеют большое политическое значение и существенно важны для укрепления доверия и безопасности, равно как и для развития их дружественных отношений и их сотрудничества во всех областях.
(3) В этом контексте они подтверждают, что будут уважать право друг друга свободно выби- рать и развивать свои политические, социальные, экономические и культурные системы, равно как и право устанавливать свои законы, административные правила, практику и опре- делять политику. Осуществляя эти права, они будут обеспечивать, чтобы их законы, адми- нистративные правила, практика и политика сообразовывались с их обязательствами по
40 Вена, 1989 г
международному праву и были гармонизированы с положениями Декларации принципов и другими обязательствами по СБСЕ.
(4) Они подтверждают также, что, исходя из принципа равноправия и права народов рас- поряжаться своей судьбой и согласно соответствующим положениям Заключительного акта, все народы всегда имеют право в условиях полной свободы определять, когда и как они желают, свой внутренний и внешний политический статус без вмешательства извне и осуществлять по своему усмотрению свое политическое, экономическое, социальное и культурное развитие. (…)
(8) Государства-участники безоговорочно осуждают как преступные все акты, методы и практику терроризма, где бы и кем бы они ни совершались, включая те, которые ставят под угрозу дружественные отношения между государствами и их безопасность, и соглаша- ются в том, что терроризм не может быть оправдан ни при каких обстоятельствах.
(9) Они выражают свою решимость добиваться искоренения терроризма как на двусторон- ней основе, так и путем многостороннего сотрудничества, в особенности на таких между- народных форумах, как Организация Объединенных Наций, Международная организация гражданской авиации и Международная морская организация, и согласно соответствую- щим положениям Заключительного акта и мадридского Итогового документа.
(10) Будучи убеждены в том, что меры на национальном уровне необходимо сочетать с укре- плением международного сотрудничества, государства-участники выражают свое наме- рение: (10.1) проводить твердую политику в ответ на требования террористов; (10.2) укреплять и развивать двустороннее и многостороннее сотрудничество между собой с целью предотвращения терроризма и борьбы с ним, а также повышать эффективность существующего сотрудничества на двустороннем уровне или в рамках групп государств, в том числе посредством обмена информацией в надлежащих случаях; (10.3) предотвращать на своих территориях незаконную деятельность лиц, групп или орга- низаций, которые подстрекают, организуют или участвуют в актах терроризма или под- рывной или другой деятельности, направленной на насильственное свержение режима другого государства-участника; (10.4) принимать эффективные меры по предотвращению и пресечению актов терроризма, направленных против дипломатических или консульских представителей, и против тер- роризма, который влечет за собой нарушения Венских конвенций о дипломатических и консульских сношениях, в частности их положений, относящихся к дипломатическим и консульским привилегиям и иммунитетам; (10.5) обеспечить выдачу или судебное преследование лиц, причастных к террористическим актам, и тесно сотрудничать в случаях конкурирующей юрисдикции, когда заинтересован- ными оказываются несколько государств, действуя в обоих случаях согласно соответству- ющим международным соглашениям; (10.6) рассмотреть вопрос о том, чтобы стать, если они этого еще не сделали, участниками соответствующих международных конвенций, касающихся пресечения актов терроризма; (10.7) продолжать работу в соответствующих международных органах в целях совершенство- вания и расширения мер борьбы против терроризма и обеспечения того, чтобы возможно
41 Вена, 1989 г
большее число государств присоединилось к соответствующим соглашениям и действо- вало в соответствии с ними.
(11) Они подтверждают, что будут уважать права человека и основные свободы, включая свободу мысли, совести, религии и убеждений, для всех, без различия расы, пола, языка и религии. Они также подтверждают всеобщее значение прав человека и основных свобод, уважение которых является существенным фактором мира, справедливости и безопасно- сти, необходимых для обеспечения развития дружественных отношений и сотрудничества между ними, как и между всеми государствами.
(12) Они выражают свою решимость гарантировать эффективное осуществление прав чело- века и основных свобод, которые все вытекают из достоинства, присущего человеческой личности, и являются существенными для ее свободного и полного развития. Они при- знают, что все гражданские, политические, экономические, социальные, культурные и дру- гие права и свободы имеют первостепенное значение и должны полностью осуществляться всеми надлежащими способами.
(13) В этой связи они будут: (13.1) совершенствовать свои законы, административные правила и политику в области гражданских, политических, экономических, социальных, культурных и других прав чело- века и основных свобод и применять их на практике с тем, чтобы гарантировать эффек- тивное осуществление этих прав и свобод; (13.2) рассматривать вопрос о присоединении к Международному пакту о гражданских и политических правах, Международному пакту об экономических, социальных и культур- ных правах, Факультативному протоколу к Пакту о гражданских и политических правах и другим соответствующим международным инструментам, если они этого еще не сделали; (13.3) публиковать и распространять тексты Заключительного акта, мадридского Итогового документа и настоящего Документа, а также тексты любых соответствующих международ- ных инструментов в области прав человека с целью обеспечить наличие этих документов в их полном виде, возможно более широкое ознакомление с ними и доступ к ним всех лиц в своих странах, в частности через сеть публичных библиотек; (13.4) эффективно обеспечивать право лиц знать свои права и обязанности в этой области и поступать в соответствии с ними, и с этой целью публиковать и делать доступными все законы, административные правила и процедуры, относящиеся к правам человека и основ- ным свободам; (13.5) уважать право своих граждан, самостоятельно или совместно с другими, вносить активный вклад в развитие и защиту прав человека и основных свобод; (13.6) поощрять обсуждение в школах и других учебных заведениях вопросов развития и защиты прав человека и основных свобод; (13.7) обеспечивать в пределах своей территории каждому, подлежащему их юрисдикции, права человека и основные свободы без какого бы то ни было различия, как то в отноше- нии расы, цвета кожи, пола, языка, религии, политических или иных убеждений, нацио- нального или социального происхождения, имущественного положения, рождения или иного обстоятельства; (13.8) обеспечивать, чтобы ни лицо, осуществляющее, выражающее намерение осуществить или стремящееся осуществить эти права и свободы, ни кто-либо из членов его семьи не были вследствие этого подвергнуты дискриминации в какой-либо форме;
42 Вена, 1989 г
(13.9) обеспечивать, чтобы эффективные средства правовой защиты, а также полная инфор- мация о них были доступны тем, кто заявляет, что их права человека и основные свободы были нарушены; они будут, в частности, эффективно применять следующие средства пра- вовой защиты: • право лица апеллировать к исполнительным, законодательным, судебным или админи- стративным органам; • право на справедливое и публичное разбирательство в разумные сроки в независимом и беспристрастном суде, включая право выдвигать юридическую аргументацию и быть представленным адвокатом по своему выбору; • право быть быстро и официально уведомленным о решении, принятом по любой апел- ляции, включая юридические основания, на которых основывалось решение. Эта инфор- мация будет предоставляться, как правило, в письменной форме и во всяком случае так, чтобы позволить лицу эффективно воспользоваться другими доступными средствами правовой защиты.
(14) Государства-участники признают, что содействие развитию экономических, социаль- ных, культурных прав, так же как и гражданских и политических прав, имеет первосте- пенное значение для человеческого достоинства и для достижения законных стремлений каждой личности. Они будут поэтому продолжать свои усилия с целью обеспечить посте- пенно полное осуществление экономических, социальных и культурных прав всеми над- лежащими способами, в частности путем принятия законодательных мер. В этой связи они будут уделять особое внимание проблемам в области занятости, жилья, социального обе- спечения, здравоохранения, образования и культуры. Они будут содействовать постоян- ному прогрессу в осуществлении всех прав и свобод в своих странах, равно как и в развитии отношений между собой и с другими государствами с тем, чтобы каждый действительно пользовался в полной мере своими экономическими, социальными и культурными пра- вами, а также своими гражданскими и политическими правами.
(15) Государства-участники подтверждают свою решимость обеспечивать мужчинам и жен- щинам равные права. Соответственно они будут принимать все необходимые меры, вклю- чая законодательные, в целях поощрения равно эффективного участия мужчин и женщин в политической, экономической, социальной и культурной жизни. Они рассмотрят возмож- ность присоединения к Конвенции о ликвидации всех форм дискриминации в отношении женщин, если они этого еще не сделали.
(16) С целью обеспечить свободу личности и исповедовать религию или веру государства-у- частники будут, среди прочего: (16.1) принимать эффективные меры по предотвращению и ликвидации дискриминации лиц или объединений на почве религии или убеждений в отношении признания, осущест- вления и пользования правами человека и основными свободами во всех областях граж- данской, политической, экономической, социальной и культурной жизни и по обеспечению действительного равенства между верующими и неверующими; (16.2) способствовать климату взаимной терпимости и уважения между верующими раз- личных объединений, а также между верующими и неверующими; (16.3) предоставлять по их просьбе объединениям верующих, исповедующих или готовых исповедовать свою веру в конституционных рамках своих государств, признание статуса, предусмотренного для них в их соответствующих странах; (16.4) уважать право этих религиозных объединений:
43 Вена, 1989 г
• основывать и содержать свободно доступные места богослужений или собраний; • организовываться в соответствии со своей собственной иерархической и институцион- ной структурой; • выбирать, назначать и заменять свой персонал согласно своим соответствующим тре- бованиям и стандартам, а также любым свободно достигнутым договоренностям между ними их государством; • испрашивать и получать добровольные финансовые и другие пожертвования; (16.5) вступать в консультации с религиозными культами, учреждениями и организациями с целью достижения лучшего понимания потребностей религиозных свобод; (16.6) уважать право каждого давать и получать религиозное образование на языке по сво- ему выбору или индивидуально, или совместно с другими; (16.7) в этом контексте уважать, среди прочего, свободу родителей обеспечивать религи- озное и нравственное воспитание своих детей в соответствии со своими собственными убеждениями; (16.8) разрешать подготовку религиозного персонала в соответствующих заведениях; (16.9) уважать право верующих и религиозных объединений приобретать и использовать священные книги, религиозные издания на языке по своему выбору и другие предметы и материалы, относящиеся к исповедованию религии или веры, и владеть ими; (16.10) разрешать религиозным культам, учреждениям и организациям производить, импор- тировать и распространять религиозные издания и материалы; (16.11) благожелательно рассматривать заинтересованность религиозных объединений в уча- стии в общественном диалоге, в том числе через средства массовой информации.
(17) Государства-участники признают, что осуществление вышеупомянутых прав, отно- сящихся к свободе религии или убеждений, может подлежать лишь таким ограничениям, которые установлены законом и совместимы с их обязательствами по международному праву и их международными обязательствами. Они будут обеспечивать в своих законах и административных правилах и при их применении полное и эффективное осуществле- ние свободы мысли, совести, религии или убеждений.
(18) Государства-участники будут предпринимать непрерывные усилия по осуществлению положений Заключительного акта и мадридского Итогового документа, касающихся нацио- нальных меньшинств. Они будут принимать все необходимые законодательные, администра- тивные, юридические и другие меры, а также применять соответствующие международные инструменты, которыми они могут быть связаны, для обеспечения защиты прав человека и основных свобод лиц, принадлежащих к национальным меньшинствам на их террито- рии. Они будут воздерживаться от любой дискриминации в отношении таких лиц и спо- собствовать осуществлению их законных интересов и чаяний в области прав человека и основных свобод.
(19) Они будут защищать и создавать условия для поощрения этнической, культурной, язы- ковой и религиозной самобытности национальных меньшинств на своей территории. Они будут уважать свободное осуществление прав лицами, принадлежащими к таким мень- шинствам, и обеспечивать их полное равенство с другими.
(20) Государства-участники будут полностью уважать право каждого: • на свободу передвижения и местожительства в пределах границ каждого государства и
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• покидать любую страну, включая свою собственную, и возвращаться в свою страну.
(21) Государства-участники будут обеспечивать, чтобы осуществление вышеупомянутых прав не могло быть объектом никаких ограничений, кроме тех, которые предусмотрены законом и совместимы с их обязательствами по международному праву, в частности по Международному пакту о гражданских и политических правах, и их международными обя- зательствами, в частности по Всеобщей декларации прав человека. Эти ограничения носят характер исключений. Государства- участники будут обеспечивать, чтобы этими ограни- чениями не злоупотребляли и чтобы они применялись не произвольно, а так, чтобы обе- спечивалось эффективное осуществление этих прав.
(22) В этом контексте они будут разрешать всем беженцам, которые того пожелают, возвра- щаться в безопасности домой.
(23) Государства-участники будут: (23.1) обеспечивать, чтобы никто не подвергался произвольному аресту, содержанию под стражей или ссылке; (23.2) обеспечивать, чтобы со всеми лицами, содержащимися под стражей или в заключе- нии, обращались гуманно и с уважением достоинства, присущего человеческой личности; (23.3) соблюдать принятые ООН минимальные стандартные правила обращения с заклю- ченными, а также принятый ООН Кодекс поведения должностных лиц по поддержанию правопорядка; (23.4) запрещать пытки и другие виды жестокого, бесчеловечного или унижающего чело- веческое достоинство обращения и наказания и принимать эффективные законодатель- ные, административные, судебные и другие меры по предотвращению такой практики и наказанию за нее; (23.5) рассматривать вопрос о присоединении к Конвенции против пыток и других жесто- ких, бесчеловечных или унижающих достоинство видов обращения или наказания, если они этого еще не сделали; (23.6) защищать лиц от любой психиатрической или другой медицинской практики, кото- рая нарушает права человека и основные свободы, и принимать эффективные меры по предупреждению такой практики и наказанию за нее.
(24) В том, что касается вопроса о смертной казни, государства-участники отмечают, что в некоторых из них смертная казнь была отменена. В государствах-участниках, в которых смертная казнь не отменена, смертный приговор может быть вынесен только за самые тяж- кие преступления в соответствии с законом, действовавшим в момент совершения престу- пления, и не вопреки их международным обязательствам. Этот вопрос будет оставаться на рассмотрении. В этом контексте государства-участники будут сотрудничать в рамках соответствующих международных организаций.
(25) С целью развития взаимопонимания и доверия, содействия дружественным и добро- соседским отношениям, укрепления международного мира, безопасности и справедливо- сти и улучшения выполнения своих обязательств по СБСЕ государства-участники будут развивать и впредь сотрудничество и содействовать диалогу между ними во всех областях и на всех уровнях на основе полного равенства. Они соглашаются, что полное уважение и применение Принципов и выполнение других положений документов СБСЕ будут улуч- шать их отношения и содействовать развитию их сотрудничества. Они будут воздержи- ваться от любых действий, не совместимых с положениями Заключительного акта и других
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документов СБСЕ, и признают, что любое такое действие нанесло бы ущерб отношениям между ними и препятствовало бы развитию сотрудничества между ними.
(26) Они подтверждают, что правительства, учреждения, организации и лица могут играть соответствующую и положительную роль в содействии достижению целей их сотрудни- чества и полному осуществлению Заключительного акта. С этой целью они будут уважать право лиц наблюдать за осуществлением и способствовать выполнению положений докумен- тов СБСЕ и присоединяться к другим с этой целью. Они будут облегчать прямые контакты и связи между этими лицами, организациями и учреждениями внутри государств-участ- ников и между государствами-участниками и устранять, там где они существуют, законо- дательные и административные препятствия, не совместимые с положениями документов СБСЕ. Они будут также принимать эффективные меры с целью облегчения доступа к инфор- мации о выполнении положений документов СБСЕ и облегчения свободного выражения взглядов по этим вопросам. (…)
Сотрудничество в области экономики, науки и техники и окружающей среды (…)
Сотрудничество в других секторах (…)
(40) Государства-участники подчеркивают необходимость эффективного осуществления положений Заключительного акта и мадридского Итогового документа, касающихся рабо- чих-мигрантов и их семей в Европе. Они просят принимающие страны и страны происхож- дения предпринять усилия с тем, чтобы улучшать в дальнейшем экономические, социальные, культурные и другие условия жизни рабочих-мигрантов и их семей, законно проживаю- щих в принимающих странах. Они рекомендуют, чтобы принимающие страны и страны происхождения содействовали двустороннему сотрудничеству между ними в соответству- ющих областях с целью способствовать реинтеграции рабочих-мигрантов и их семей, воз- вращающихся в страну происхождения.
(41) Государства-участники, согласно соответствующим обязательствам, взятым ими по Заключительному акту и мадридскому Итоговому документу, будут благожелательно рас- сматривать ходатайства о воссоединении семей, а также о семейных контактах и поездках рабочих-мигрантов из других государств-участников, законно проживающих в принима- ющих странах.
(42) Государства-участники будут обеспечивать, чтобы рабочие-мигранты из других госу- дарств-участников и их семьи могли свободно пользоваться благами своей национальной культуры, сохранять ее и иметь доступ к культуре принимающей страны.
(43) С целью обеспечения эффективного равенства возможностей между детьми рабочих-ми- грантов и детьми своих граждан в отношении доступа ко всем видам и уровням образова- ния, государства-участники подтверждают свою готовность принять меры, необходимые для более полного использования и улучшения возможностей получения образования. Кроме того, они будут поощрять или облегчать там, где имеется разумная потребность, дополни- тельное преподавание для детей рабочих-мигрантов на их родных языках.
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(44) Государства-участники признают, что вопросы рабочих-мигрантов имеют свое чело- веческое измерение.
(45) Государства-участники признают, что экономические и технологические изменения остро ощущаются на рабочем месте. Они подчеркивают свою готовность поощрять сотруд- ничество в области политики, касающейся профессиональной подготовки, путем рас- ширения обмена информацией и опытом с целью повышения образовательного уровня, профессиональных знаний и навыков, а также способности к адаптации персонала, заня- того в промышленности и торговле.
(46) Государства-участники признают важность содействия вовлечению молодежи в про- фессиональную жизнь. Они будут поэтому продолжать свои усилия с тем, чтобы обеспе- чить необходимые условия для образования и профессиональной подготовки молодежи и содействовать созданию возможностей для занятости молодежи в различных секторах экономики. Они будут продолжать свои усилия с целью создания условий для повышения уровня научных и культурных знаний своих граждан, особенно молодежи, и облегчать им доступ к достижениям в области естественных и общественных наук, а также культуры. (…)
Сотрудничество в гуманитарных и других областях
Государства-участники,
Считая, что сотрудничество в гуманитарных и других областях является существенным фактором для развития их отношений,
Соглашаясь, что их сотрудничество в этих областях должно осуществляться при полном уважении принципов, которыми государства-участники руководствуются во взаимных отношениях, как они изложены в Заключительном акте, а также положений мадридского Итогового документа и настоящего Документа, касающихся этих принципов,
Подтверждая, что, выполняя положения относительно сотрудничества в гуманитарных и других областях в рамках их законов и административных правил, они будут обеспечи- вать, чтобы эти законы и административные правила соответствовали их обязательствам по международному праву и были гармонизированы с их обязательствами по СБСЕ,
Признавая, что выполнение соответствующих положений Заключительного акта и мадрид- ского Итогового документа требует продолжения и активизации усилий, Приняли и будут выполнять следующее:
Контакты между людьми
(1) При выполнении положений Заключительного акта, мадридского Итогового документа и настоящего Документа о контактах между людьми они будут полностью уважать свои обязательства по международному праву, как указывается в подразделе настоящего Доку- мента, посвященном принципам, в частности о том, что каждый свободен покидать любую страну, включая свою собственную, и возвращаться в свою страну, а также их международ- ные обязательства в этой области.
47 Вена, 1989 г
(2) Они будут обеспечивать, чтобы их политика в отношении въезда на их территорию была в полной мере совместима с целями, изложенными в соответствующих положениях Заклю- чительного акта, мадридского Итогового документа и настоящего Документа.
(3) Они предпримут необходимые шаги с целью найти по возможности быстрее, но в любом случае в течение шести месяцев, решения в отношении всех ходатайств, основанных на положениях Заключительного акта и мадридского Итогового документа о контактах между людьми, по которым не будут приняты решения к завершению Венской встречи.
(4) Впоследствии они будут проводить регулярные обзоры, с тем, чтобы обеспечить такое положение, при котором все ходатайства, основанные на положениях о контактах между людьми Заключительного акта и других вышеуказанных документов СБСЕ, рассматрива- лись сообразно с этими положениями.
(5) Они будут принимать решения в отношении ходатайств, касающихся встреч на основе семейных связей в соответствии с Заключительным актом и другими вышеупомянутыми документами СБСЕ, в возможно кратчайшие сроки и в рамках обычной практики в тече- ние одного месяца.
(6) Таким же образом они будут принимать решения в отношении ходатайств, касающихся воссоединения семей или заключения браков между гражданами различных государств, в рамках обычной практики в течение трех месяцев.
(7) Благожелательно рассматривая ходатайства, касающиеся встреч на основе семейных свя- зей, они будут должным образом учитывать пожелания заявителя, в особенности в отноше- нии сроков и достаточной продолжительности таких встреч и в отношении поездок вместе с другими членами его семьи с целью совместных семейных встреч.
(8) Благожелательно рассматривая ходатайства, касающиеся встреч на основе семейных свя- зей, они будут также разрешать поездки менее близких родственников и поездки к менее близким родственникам.
(9) Благожелательно рассматривая ходатайства, касающиеся воссоединения семей или заключения браков между гражданами различных государств, они будут уважать пожела- ния заявителей в отношении страны назначения, которая готова их принять.
(10) Они будут уделять особое внимание решению проблем, касающихся воссоединения несовершеннолетних детей с их родителями. В этой связи и на основе соответствующих положений Заключительного акта и других вышеупомянутых документов СБСЕ они будут обеспечивать: • чтобы ходатайство об этом, поданное в то время, пока ребенок является несовершенно- летним, рассматривалось благожелательно и быстро с целью осуществить воссоедине- ние без задержки; и • чтобы были приняты соответствующие меры с целью защиты интересов и благососто- яния таких детей.
(11) Они будут рассматривать возможности для постепенного уменьшения и в конечном итоге отмены любых возможных требований относительно получения лицами, совер- шающими поездки, местной валюты в количестве, превышающем фактические расходы, отдавая предпочтение лицам, совершающим поездки с целью семейных встреч. Они будут
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предоставлять таким лицам возможность на практике ввозить или вывозить с собой лич- ные вещи или подарки.
(12) Они будут уделять незамедлительное внимание ходатайствам о поездках неотлож- ного гуманитарного характера и рассматривать их благожелательно следующим образом: • они будут принимать в течение трех рабочих дней решения по ходатайствам, касаю- щимся поездок к серьезно больному или находящемуся при смерти члену семьи, поездок для участия в похоронах члена семьи или поездок лиц, нуждающихся в срочном меди- цинском лечении, необходимость которого засвидетельствована, или лиц, критическое состояние или неизлечимая болезнь которых могут быть установлены; • они будут принимать по возможности быстрее решения по ходатайствам, касающимся поездок серьезно больных или престарелых, а также других поездок срочного гумани- тарного характера; • Они будут наращивать усилия своих местных, региональных и центральных властей, занимающихся осуществлением вышеизложенного, и обеспечивать, чтобы сборы за пре- доставление режима первоочередности таким ходатайствам не превышали фактически понесенных расходов.
(13) При рассмотрении ходатайств о поездках с целью семейных встреч, воссоединения семей или браков между гражданами различных государств они будут обеспечивать, чтобы действия или упущения со стороны членов семьи заявителя не сказывались негативно на правах заявителя, как они изложены в соответствующих международных инструментах.
(14) Они будут обеспечивать, чтобы все документы, необходимые для ходатайств, основан- ных на положениях о контактах между людьми Заключительного акта и других вышеупомя- нутых документов СБСЕ, были легко доступны для заявителя. Документы будут оставаться в силе на протяжении всей процедуры рассмотрения ходатайства. В случае возобновления ходатайства документы, ранее поданные заявителем в связи с предыдущими ходатайствами, будут приниматься во внимание.
(15) Они будут упрощать практику и постепенно сокращать административные требования в отношении ходатайств, основанных на положениях о контактах между людьми Заклю- чительного акта и других вышеупомянутых документов СБСЕ.
(16) Они будут обеспечивать, чтобы в тех случаях, когда ходатайства, основанные на поло- жениях о контактах между людьми Заключительного акта и других вышеупомянутых документов СБСЕ, отклоняются по причинам, определенным в соответствующих междуна- родных инструментах, заявителю было быстро предоставлено в письменной форме офици- альное извещение о том, на каких основаниях было вынесено такое решение. Как правило и во всех случаях, когда об этом попросит заявитель, ему будет предоставлена необходи- мая информация о процедуре использования любых действующих административных или судебных средств правовой защиты в отношении принятого решения, доступных ему согласно вышеупомянутым международным инструментам. В случаях, касающихся выезда за границу для постоянного проживания, такая информация будет предоставляться как часть вышеупомянутого официального извещения.
(17) Если в этом контексте ходатайство отдельного лица о поездке за границу было откло- нено по соображениям государственной безопасности, они будут обеспечивать, чтобы в пределах строго обоснованных сроков любое ограничение на поездку этого лица было как можно более кратковременным и не применялось произвольным образом. Они будут
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также обеспечивать, чтобы заявитель имел возможность для того, чтобы отказ был вновь рассмотрен в течение шести месяцев и, в случае необходимости, через регулярные проме- жутки времени впоследствии, так чтобы любые изменения в обстоятельствах, связанных с отказом, таких, как период времени, прошедший с момента, когда заявитель в последний раз выполнял работу или обязанности, связанные с государственной безопасностью, при- нимались во внимание. Прежде чем приступить к выполнению такой работы или таких обязанностей, лицо будет официально извещено о том, может ли это сказаться и каким образом на возможном ходатайстве о такой поездке.
(18) В течение одного года после завершения Венской встречи они опубликуют и сделают легко доступными, где это еще не сделано, все их законы и подзаконные акты, касающиеся передвижения отдельных лиц по их территории и поездок между государствами.
(19) Благожелательно рассматривая ходатайства, основанные на положениях о контактах между людьми Заключительного акта и других вышеупомянутых документов СБСЕ, они будут обеспечивать их своевременное рассмотрение для того, в частности, чтобы должным образом учитывать важные семейные, личные или профессиональные соображения, име- ющие значение для заявителя.
(20) Они будут благожелательно рассматривать ходатайства о поездках за границу без раз- личия какого-либо рода, как-то: расы, цвета кожи, пола, языка, религии, политических или иных убеждений, национального или социального происхождения, имущественного поло- жения, рождения, возраста или иного обстоятельства. Они будут обеспечивать, чтобы отказ не сказывался на ходатайствах, поданных другими лицами.
(21) Они будут в большей мере содействовать поездкам на индивидуальной или коллектив- ной основе по личным или профессиональным причинам и в туристических целях, таким, как поездки делегаций, групп и отдельных лиц. С этой целью они будут сокращать до мини- мума время рассмотрения ходатайств о таких поездках.
(22) Они будут уделять серьезное внимание предложениям о заключении соглашений отно- сительно выдачи многократных въездных виз и взаимного упрощения визовых формаль- ностей, а также изучать возможности для взаимного упразднения въездных виз на основе соглашений между ними.
(23) Они будут рассматривать возможности присоединения к соответствующим многосто- ронним инструментам, а также заключения, если это необходимо, дополнительных или других двусторонних соглашений с целью совершенствования мер по обеспечению эффек- тивной консульской, юридической и медицинской помощи гражданам других государств-у- частников, временно находящимся на их территории.
(24) Они будут принимать любые необходимые меры с целью обеспечить, где это еще не сделано, чтобы гражданам других государств-участников, временно находящимся на их территории по личным или профессиональным причинам, в том числе с целью участия в мероприятиях в области культуры, науки и образования, была гарантирована должная личная безопасность.
(25) Они будут содействовать и поощрять установление и поддержание прямых личных контактов между их гражданами, а также между представителями их учреждений и орга- низаций на основе поездок между государствами и других средств общения.
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(26) Они будут содействовать таким контактам и сотрудничеству между своими народами посредством таких мер, как прямые спортивные обмены на местном и региональном уровне, беспрепятственное заключение и осуществление договоренностей о породненных городах, а также обмены студентами и преподавателями.
(27) Они будут поощрять дальнейшее развитие прямых контактов между молодежью, а также между правительственными и неправительственными молодежными и студенческими орга- низациями и учреждениями, заключение между такими организациями и учреждениями двусторонних и многосторонних договоренностей и подписание программ и проведение на двусторонней и многосторонней основе мероприятий и деятельности молодежи и для нее в области образования, культуры и других областях.
(28) Они будут предпринимать дальнейшие усилия, чтобы содействовать поездкам и туризму молодежи, в частности, рекомендуя тем своим железнодорожным властям, которые являются членами Международного союза железных дорог (МСЖД), расширять систему Интер-Рейл для охвата всех своих европейских сетей, а также рекомендуя тем своим железнодорож- ным властям, которые не являются членами МСЖД, рассмотреть вопрос об обеспечении таких же возможностей.
(29) В соответствии с Всемирной почтовой конвенцией и Международной конвенцией по электросвязи они будут: • гарантировать свободу транзита почтовой связи; • обеспечивать быструю и беспрепятственную доставку корреспонденции, включая лич- ную почту и посылки; • уважать конфиденциальность и неприкосновенность почтовой и телефонной связи; и • обеспечивать условия, необходимые для быстрого соединения и непрерываемости теле- фонных разговоров, включая использование международных систем прямого набора, где они существуют, и их развитие.
(30) Они будут поощрять прямые личные контакты между гражданами их государств, в част- ности, облегчая поездки отдельных лиц по их странам и разрешая иностранным гражда- нам встречаться с их гражданами, а также останавливаться в частных домах при наличии приглашения для этого.
(31) Они будут обеспечивать, чтобы статус лиц, принадлежащих к национальным меньшин- ствам или региональным культурам на их территориях, был равным тому статусу, которым пользуются другие граждане в том, что касается контактов между людьми в соответствии с Заключительным актом и другими вышеупомянутыми документами СБСЕ, и чтобы эти лица могли устанавливать и поддерживать такие контакты посредством поездок и других средств общения, включая контакты с гражданами других государств, с которыми их объ- единяет общее национальное происхождение или культурное наследие.
(32) Они будут разрешать верующим, религиозным культам и их представителям, на группо- вой или индивидуальной основе, устанавливать и поддерживать прямые личные контакты и общение друг с другом в их собственных и других странах, в частности посредством поез- док, паломничества и участия в собраниях и других религиозных мероприятиях. В этом контексте и в той мере, в которой это соизмеримо с такими контактами и мероприятиями, тем, о ком идет речь, будет разрешаться приобретать, получать и везти с собой религиоз- ные публикации и предметы культа, относящиеся к исповедованию их религии или веры.
51 (33) Они заслушали отчеты о Совещании экспертов по контактам между людьми, прохо- дившем в Берне с 15 апреля по 26 мая 1986 года. Отмечая, что на этом Совещании не было согласовано никаких выводов, они восприняли откровенность обсуждения и большую сте- пень открытости при обмене мнениями как желательные явления. В этом отношении они отметили особое значение того, что внесенные на Совещании предложения были допол- нительно рассмотрены на Венской встрече СБСЕ.
Информация
(34) Они будут продолжать прилагать усилия с целью содействовать постоянному расши- рению знаний и пониманию жизни в их государствах, тем самым способствуя росту дове- рия между их народами.
Они будут предпринимать дальнейшие усилия для облегчения более свободного и широкого распространения всех форм информации, поощрения сотрудничества в области информа- ции и улучшения условий работы журналистов.
В этой связи и согласно Международному пакту о гражданских и политических правах, Все- общей декларации прав человека и их соответствующим международным обязательствам относительно поиска, получения и распространения всех форм информации они будут обеспечивать, чтобы отдельные лица могли свободно выбирать свои источники информа- ции. В этом контексте они будут: • обеспечивать, чтобы в их государствах мог осуществляться прямой и нормальный прием передач радиослужб, действующих в соответствии с правилами радиовещания МСЭ; и • разрешать отдельным лицам, учреждениям и организациям при уважении прав на интел- лектуальную собственность, включая авторское право, получать, обладать, воспроизво- дить и распространять информационные материалы всякого рода.
С этой целью они будут устранять любые ограничения, не совместимые с вышеупомяну- тыми обязательствами по международному праву и международными обязательствами.
(35) Они будут использовать все возможности, предоставляемые современными средствами связи, включая кабельную и спутниковую, для обеспечения более свободного и более широкого распространения всех форм информации. Они будут также поощрять сотруд- ничество и обмены между их соответствующими учреждениями, организациями и тех- ническими экспертами и работать в направлении гармонизации технических стандартов и норм. Они будут учитывать воздействие этих современных средств связи на их средства массовой информации.
(36) Они будут обеспечивать на практике, чтобы официальные информационные бюллетени могли свободно распространяться на их территории дипломатическими и другими офици- альными миссиями и консульскими представительствами других государств-участников.
(37) Они будут поощрять радио- и телевизионные организации осуществлять на основе договоренностей между ними, особенно в странах проведения, прямую передачу программ и дискуссий с участием представителей различных государств, а также трансляцию высту- плений и интервью политических и других деятелей государств-участников.
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(38) Они будут поощрять радио- и телевизионные организации освещать различные аспекты жизни в других государствах-участниках и увеличивать число телемостов между их стра- нами.
(39) Напоминая, что законное осуществление журналистами своей профессиональной дея- тельности не поставит их перед угрозой выдворения и не приведет каким-либо другим обра- зом к их наказанию, они будут воздерживаться от принятия ограничительных мер, таких, как лишение журналиста аккредитации или выдворение его из-за содержания репортажей журналиста или его органа информации.
(40) Они будут обеспечивать, чтобы журналисты, включая тех, которые представляют сред- ства массовой информации других государств-участников, при осуществлении ими такой деятельности могли свободно искать доступ к общественным и частным источникам инфор- мации и поддерживать контакты с ними, а также чтобы уважалась их потребность в про- фессиональной конфиденциальности.
(41) Они будут уважать авторское право журналистов.
(42) На основе соглашений между ними там, где это необходимо, и в целях регулярного поступления репортажей они будут предоставлять аккредитацию, где это потребуется, и многократные въездные визы журналистам из других государств-участников, незави- симо от их постоянного места проживания. На этой основе они сократят до максимум двух месяцев период для предоставления как аккредитации, так и многократных въезд- ных виз журналистам.
(43) Они будут облегчать работу иностранных журналистов, предоставляя по просьбе соответствующую информацию относительно практических вопросов, таких, как пра- вила ввоза, налоги и жилье.
(44) Они будут обеспечивать, чтобы официальные пресс-конференции и, в случае целесоо- бразности, другие подобные официальные мероприятия для прессы были также открыты для иностранных журналистов после их аккредитации, где она требуется.
(45) Они будут обеспечивать на практике, чтобы лица, принадлежащие к национальным меньшинствам или региональным культурам на их территории, могли распространять информацию на своем родном языке, иметь к ней доступ и обмениваться ею. (…)
Сотрудничество и обмены в области культуры
(47) Они будут способствовать и в полной мере осуществлять их культурное сотрудниче- ство, в том числе посредством выполнения любых соответствующих двусторонних и мно- госторонних соглашений, заключенных между ними в различных областях культуры.
(48) Они будут поощрять неправительственные организации, интересующиеся вопросами культуры, участвовать совместно с государственными учреждениями в разработке и осу- ществлении этих соглашений и конкретных проектов, а также в разработке практических мер, касающихся культурного обмена и сотрудничества.
(49) Они будут способствовать созданию по взаимному согласию культурных институтов или центров других государств-участников на своей территории. Будет обеспечиваться
53 Вена, 1989 г
беспрепятственный доступ общественности в такие институты или центры, а также их нормальное функционирование.
(50) Они будут обеспечивать беспрепятственный доступ общественности к культурным мероприятиям, организуемым на их территории лицами или учреждениями из других государств-участников, и обеспечивать организаторам возможность использования всех доступных в принимающей стране средств для рекламирования таковых.
(51) Они будут облегчать и поощрять прямые личные контакты в области культуры как на индивидуальной, так и на коллективной основе, а также контакты между учреждени- ями культуры, ассоциациями творческих работников и артистов-исполнителей и другими организациями с целью расширения возможностей для их граждан непосредственно зна- комиться с творческой деятельностью других государств-участников у себя и в этих госу- дарствах.
(52) Они будут обеспечивать беспрепятственное обращение произведений искусства и дру- гих предметов культуры, подлежащее лишь таким ограничениям, которые направлены на сохранение их культурного наследия, основаны на уважении прав на интеллектуальную и художественную собственность или вытекают из их международных обязательств в отно- шении обращения культурной собственности.
(53) Они будут поощрять сотрудничество и совместное художественное творчество лиц из различных государств-участников, занимающихся культурной деятельностью; содейство- вать, когда это целесообразно, конкретным инициативам таких лиц, учреждений и органи- заций в этих целях и поощрять участие молодежи в таких инициативах. В этом контексте они будут поощрять проведение встреч и симпозиумов, выставок, фестивалей и гастролей ансамблей или трупп, а также исследовательских и учебных программ, в которых могут свободно участвовать и вносить свой вклад также и лица из других государств-участников.
(54) Замена лиц или групп, приглашенных для участия в культурных мероприятиях, будет осуществляться лишь в исключительных случаях и с предварительного согласия пригла- шающей стороны.
(55) Они будут поощрять проведение кинонедель, включая, если это целесообразно, встречи артистов и экспертов, а также лекции о кинематографическом искусстве; облегчать и поощ- рять прямые контакты между кинорежиссерами и продюсерами с целью совместного про- изводства фильмов и поощрять сотрудничество в области защиты киноматериалов и обмен технической информацией и публикациями о кинематографии.
(56) Они будут изучать возможности компьютеризации библиографий и каталогов произ- ведений культуры и постановок в стандартной форме, а также их распространения.
(57) Они будут поощрять музеи и художественные галереи развивать прямые связи, в част- ности для организации выставок, включая предоставление во временное пользование про- изведений искусства, и для обмена каталогами.
(58) Они возобновят свои усилия по осуществлению всех положений Заключительного акта и мадридского Итогового документа, касающихся менее распространенных языков. Они также будут поощрять инициативы, нацеленные на увеличение числа и улучшение качества литературных переводов с этих языков и на них, в частности путем проведения
54 Вена, 1989 г
семинаров с участием переводчиков, авторов и издателей, публикации словарей и, где это целесообразно, обмена переводчиками на основе выделения стипендий.
(59) Они будут обеспечивать, чтобы лица, принадлежащие к национальным меньшинствам или региональным культурам на их территории, могли сохранять и развивать свою соб- ственную культуру во всех ее аспектах, включая язык, литературу и религию, и чтобы они могли сохранять свои культурные и исторические памятники и объекты. (…)
(61) Должным образом учитывая своеобразие и разнообразие их соответствующих куль- тур, они будут поощрять усилия, направленные на изучение общих черт и обеспечение лучшего понимания своего культурного наследия. Соответственно они будут поощрять инициативы, которые могут способствовать улучшению знаний о культурном наследии других государств-участников во всех его формах, включая региональные аспекты и народ- ное творчество. (…)
Сотрудничество и обмены в области образования
(63) Они будут обеспечивать для всех доступ к различным видам и уровням образования без дискриминации по признаку расы, цвета кожи, пола, языка, религии, политических или иных убеждений, национального или социального происхождения, имущественного положения, рождения или иного обстоятельства.
(64) С целью поощрения более широкого сотрудничества в области науки и образования они будут содействовать беспрепятственному общению между университетами и другими высшими учебными заведениями и исследовательскими институтами. Они будут также содействовать прямым личным контактам, включая контакты посредством поездок, между учеными, исследователями и другими лицами, занятыми в этих областях.
(65) Они будут также обеспечивать беспрепятственный доступ ученым, преподавателям и студентам из других государств-участников к открытым информационным материалам, имеющимся в публичных архивах, библиотеках, исследовательских институтах и анало- гичных учреждениях.
(66) Они будут содействовать обменам школьниками между их странами на основе дву- сторонних договоренностей, где это необходимо, включая встречи и проживание в семьях принимающей страны в их домах, с целью ознакомления школьников с жизнью, традици- ями и образованием в других государствах-участниках.
(67) Они будут поощрять их соответствующие правительственные учреждения или учеб- ные заведения включать, где это целесообразно, Заключительный акт в целом в учебные программы школ и университетов.
(68) Они будут обеспечивать, чтобы лица, принадлежащие к национальным меньшинствам или региональным культурам на их территориях, могли давать или получать знания о своей собственной культуре, в том числе посредством передачи родителями своим детям языко- вой, религиозной и культурной самобытности.
55 Вена, 1989 г
(69) Они будут поощрять их радио- и телевизионные организации информировать друг друга о создании ими образовательных программ и рассматривать возможности для обмена такими программами.
(70) Они будут поощрять прямые контакты и сотрудничество между соответствующими правительственными учреждениями или организациями в области образования и науки.
(71) Они будут поощрять дальнейшее сотрудничество и контакты между специализирован- ными учреждениями и экспертами в области образования и восстановления нормальных способностей у детей с физическими или умственными недостатками.
Человеческое измерение СБСЕ
Государства-участники,
Памятуя об обязательствах, взятых по Заключительному акту и другим документам СБСЕ относительно уважения всех прав человека и основных свобод, контактов между людьми и других связанных с этим вопросов гуманитарного характера,
Признавая необходимость улучшить выполнение своих обязательств по СБСЕ и их сотруд- ничество в этих областях, ниже именуемых как человеческое измерение СБСЕ,
На основе принципов и положений Заключительного акта и других соответствующих доку- ментов СБСЕ решили:
1. обмениваться информацией и отвечать на запросы об информации и на представления, сделанные им другими государствами-участниками по вопросам, относящимся к челове- ческому измерению СБСЕ. Такие обращения могут быть направлены по дипломатическим каналам или адресованы любому органу, назначенному для этих целей;
2. проводить двусторонние встречи с другими государствами-участниками, которые того пожелают, с целью изучения вопросов, относящихся к человеческому измерению СБСЕ, включая ситуации и конкретные случаи, имея в виду разрешить их. Время и место таких встреч будут определяться по взаимной договоренности по дипломатическим каналам;
3. что любое государство-участник, которое сочтет это необходимым, может привлекать внимание других государств-участников по дипломатическим каналам к ситуациям и слу- чаям, касающимся человеческого измерения СБСЕ, включая те, вопрос о которых был под- нят на двусторонних встречах, предусмотренных в пункте 2;
4. что любое государство-участник, которое сочтет это необходимым, может предоставлять информацию об обмене информацией и ответах на его запросы об информации и на пред- ставления (пункт 1) и о результатах двусторонних встреч (пункт 2), включая информацию относительно ситуаций и конкретных случаев на совещаниях Конференции по человече- скому измерению, а также на следующих основных встречах СБСЕ. (…)
56 Доклад о выводах и рекомендациях совещания по защите окружающей среды София, 1989 г. (принят в Вене в 1990 г.)
(…)
Государства-участники вновь заявляют о своем уважении права отдельных лиц, групп и организаций, занимающихся проблемами окружающей среды, свободно выражать свои мнения, объединяться с другими, проводить мирные собрания, а также получать, публи- ковать и распространять информацию об этих проблемах, без правовых и администра- тивных препятствии, несовместимых с положениями СБСЕ. Эти отдельные лица, группы и организации имеют право участвовать в публичном обсуждении проблем окружающей среды, а также устанавливать и поддерживать прямые и независимые контакты на нацио- нальном и международном уровнях. (…)
57 Документ боннской конференции по экономическому сотрудничеству в Европе Бонн, 1990 г.
(…) Государства-участники, (…)
признавая взаимосвязь политического плюрализма и рыночной экономики и будучи привер- женными принципам, касающимся: • многопартийной демократии, основанной на свободных, периодических и истинных выборах; • правового государства и равной защиты со стороны закона для всех на основе уважения прав человека и эффективных, доступных и справедливых правовых систем; • экономической деятельности, которая соответственно утверждает человеческое достоин- ство и свободна от принудительного труда, от дискриминации трудящихся по призна- кам расы, пола, языка, по политическим взглядам или вероисповеданию или от лишения трудящихся права свободно создавать независимые профсоюзы или вступать в них;
будут стремиться достичь или придерживаться следующего: (…) • политики, способствующей установлению социальной справедливости и улучшению условий жизни и труда; (…) • полного признания и защиты всех форм собственности, в том числе частной собствен- ности, и права граждан владеть и пользоваться ими, а также прав на интеллектуальную собственность; • права на быструю, справедливую и эффективную компенсацию в случае изъятия част- ной собственности для использования в интересах общества; (…)
58 Документ копенгагенского совещания Конференции по человеческому измерению СБСЕ Копенгаген, 1990 г.
(…)
Государства-участники с большим удовлетворением приветствуют коренные политические изменения, которые произошли в Европе после проведения в Париже в 1989 году первого Совещания Конференции по человеческому измерению СБСЕ. Они отмечают, что про- цесс СБСЕ существенно содействовал этим изменениям и что эти события, в свою оче- редь, в значительной степени продвинули выполнение положений Заключительного акта и других документов СБСЕ.
Они признают, что плюралистическая демократия и правовое государство являются суще- ственно необходимыми для обеспечения уважения всех прав человека и основных свобод, развития контактов между людьми и решения других связанных с этим вопросов гума- нитарного характера. Поэтому они приветствуют выраженную всеми государствами-у- частниками приверженность идеалам демократии и политическому плюрализму, а также их общую решимость строить демократические общества на основе свободных выборов и верховенства закона.
На Копенгагенском совещании государства-участники рассмотрели вопрос о выполнении своих обязательств в сфере человеческого измерения. Они выразили мнение, что степень соблюдения обязательств, содержащихся в соответствующих положениях документов СБСЕ, существенно возросла после проведения Парижского совещания. Они, однако, также выра- зили мнение о том, что необходимо предпринять дальнейшие шаги для полного выполне- ния своих обязательств, относящихся к человеческому измерению.
Государства-участники выражают свою убежденность в том, что полное уважение прав человека и основных свобод и развитие обществ, основанных на плюралистической демо- кратии и верховенстве закона, является необходимым условием для обеспечения прогресса в деле создания стабильной обстановки прочного мира, безопасности, справедливости и сотрудничества, которую они стремятся утвердить в Европе. Поэтому они подтверждают свое обязательство в полной мере выполнять все положения Заключительного акта и дру- гих документов СБСЕ, относящихся к сфере человеческого измерения, и берут на себя обя- зательство наращивать и далее уже достигнутый прогресс.
Они признают, что сотрудничество между ними, а также активное участие отдельных лиц, групп, организаций и учреждений существенно необходимы для обеспечения постоянного продвижения к их общим целям.
59 Копенгаген, 1990 г
В целях содействия уважению прав человека и основных свобод и их осуществлению, раз- витию контактов между людьми и решению других связанных с этим вопросов гумани- тарного характера государства-участники пришли к согласию относительно следующего:
I
(1) Государства-участники выражают свою убежденность в том, что защита и поощрение прав человека и основных свобод является одной из основополагающих целей правления, и подтверждают, что признание этих прав и свобод является основой свободы, справед- ливости и мира.
(2) Они преисполнены решимости поддерживать и развивать эти принципы справедливо- сти, которые составляют основу правового государства. Они считают, что правовое госу- дарство означает не просто формальную законность, которая обеспечивает регулярность и последовательность в достижении и поддержании демократического порядка, но и спра- ведливость, основанную на признании и полном принятии высшей ценности человеческой личности и гарантируемую учреждениями, образующими структуры, обеспечивающие ее наиболее полное выражение.
(3) Они подтверждают, что демократия является неотъемлемым элементом правового госу- дарства. Они признают важность плюрализма в отношении политических организаций.
(4) Они подтверждают, что будут уважать право друг друга свободно выбирать и разви- вать в соответствии с международными стандартами в области прав человека свои поли- тические, социальные, экономические и культурные системы. Осуществляя это право, они будут обеспечивать, чтобы их законы, административные правила, практика и поли- тика сообразовывались с их обязательством по международному праву и были гармони- зированы с положениями Декларации принципов и другими обязательствами по СБСЕ.
(5) Они торжественно заявляют, что к числу элементов справедливости, которые суще- ственно необходимы для полного выражения достоинства, присущего человеческой лич- ности, и равных и неотъемлемых прав всех людей относятся следующие: (5.1) свободные выборы, проводимые через разумные промежутки времени путем тай- ного голосования или равноценной процедуры свободного голосования в условиях, кото- рые обеспечивают на практике свободное выражение мнения избирателями при выборе своих представителей; (5.2) представительная по своему характеру форма правления, при которой исполнитель- ная власть подотчетна избранным законодательным органам или избирателям; (5.3) обязанность правительства и государственных властей соблюдать конституцию и дей- ствовать совместимым с законом образом; (5.4) четкое разделение между государством и политическими партиями; в частности, поли- тические партии не будут сливаться с государством; (5.5) деятельность правительства и администрации, а также судебных органов осуществля- ется в соответствии с системой, установленной законом. Уважение такой системы должно быть обеспечено; (5.6) вооруженные силы и полиция находятся под контролем гражданских властей и подот- четны им;
60 Копенгаген, 1990 г
(5.7) права человека и основные свободы будут гарантироваться законом и соответствовать обязательствам по международному праву; (5.8) законы, принятые по завершении соответствующей гласной процедуры, и админи- стративные положения публикуются, что является условием их применения. Эти тексты будут доступны для всех; (5.9) все люди равны перед законом и имеют право без какой бы то ни было дискримина- ции на равную защиту со стороны закона. В этой связи закон запрещает любую дискри- минацию и гарантирует всем лицам равную и эффективную защиту от дискриминации по какому бы то ни было признаку; (5.10) каждый человек будет обладать эффективными средствами правовой защиты про- тив административных решений, с тем, чтобы гарантировалось уважение основных прав и обеспечивалось ненанесение ущерба правовой системе; (5.11) административные решения, направленные против какого-либо лица, будут полно- стью обоснованными и должны, как правило, содержать указание на имеющиеся обычные средства правовой защиты; (5.12) независимость судей и беспристрастное функционирование государственной судеб- ной службы обеспечиваются; (5.13) независимость адвокатов признается и защищается, в частности в том, что касается условий их приема на работу и практики; (5.14) нормы, касающиеся уголовного процесса, будут содержать четкое определение ком- петенции в отношении разбирательства и мер, которые предшествуют и сопровождают такое разбирательство; (5.15) каждое арестованное или задержанное по уголовному обвинению лицо имеет право, с тем, чтобы можно было вынести решение относительно законности его ареста или задер- жания, быть в срочном порядке доставленным к судье или другому должностному лицу, уполномоченному законом осуществлять такую функцию; (5.16) каждый человек имеет право при рассмотрении любого предъявленного ему уголов- ного обвинения или при определении его прав и обязанностей в каком-либо гражданском процессе на справедливое и открытое разбирательство компетентным, независимым и бес- пристрастным судом, созданным на основании закона; (5.17) любое лицо, преследуемое в судебном порядке, имеет право защищать себя лично или без промедления через посредство выбранного им самим защитника, или, если это лицо не располагает достаточными средствами для оплаты услуг защитника, на безвозмездное получение таких услуг, когда этого требуют интересы правосудия; (5.18) никто не будет обвинен, судим или осужден за какое-либо уголовное преступление, если только оно не предусмотрено законом, который ясно и четко определяет элементы этого преступления; (5.19) каждый считается невиновным, пока виновность его не будет доказана согласно закону; (5.20) считая важным вклад международно-правовых инструментов в области прав человека в обеспечение верховенства закона на национальном уровне, государства-участники под- тверждают, что они рассмотрят вопрос о присоединении к Международному пакту о граж- данских и политических правах, к Международному пакту об экономических, социальных и культурных правах и к другим соответствующим международно-правовым инструмен- там, если они еще не сделали этого; (5.21) с тем, чтобы дополнить внутренние меры правовой защиты и лучше обеспечивать уважение государствами-участниками принятых на себя международных обязательств,
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государства-участники рассмотрят вопрос о присоединении к региональной или универ- сальной международной конвенции, касающейся защиты прав человека, такой как Евро- пейская конвенция о правах человека или Факультативный протокол к Международному пакту о гражданских и политических правах, которые предусматривают процедуры пра- вовой защиты отдельных лиц в международных органах.
(6) Государства-участники заявляют, что воля народа, выражаемая свободно и честно в ходе периодических и подлинных выборов, является основой власти и законности любого прави- тельства. Государства-участники соответственно уважают право своих граждан принимать участие в управлении страной непосредственно или через представителей, избираемых ими свободно в ходе честного избирательного процесса. Они признают свою ответственность за защиту и охрану в соответствии со своими законами, своими обязательствами по меж- дународному праву в области прав человека и своими международными обязательствами свободно установленный путем волеизъявления народа демократический порядок от дея- тельности отдельных лиц, групп или организаций, которые используют или отказываются отвергнуть терроризм или насилие, направленные на свержение этого порядка или такого порядка в другом государстве-участнике.
(7) Для того, чтобы воля народа служила основой власти правительства, государства-у- частники (7.1) проводят свободные выборы с разумной периодичностью, как это установлено законом; (7.2) допускают, чтобы все мандаты по крайней мере в одной палате национального зако- нодательного органа были объектом свободной состязательности кандидатов в ходе все- народных выборов; (7.3) гарантируют взрослым гражданам всеобщее и равное избирательное право; (7.4) обеспечивают, чтобы голосование проводилось тайно или применялась равноценная процедура свободного голосования и чтобы подсчет голосов и сообщение о нем были чест- ными, а официальные результаты были опубликованы; (7.5) уважают право граждан добиваться политических или государственных постов в лич- ном качестве или в качестве представителей политических партий или организаций без дискриминации; (7.6) уважают право отдельных лиц и групп лиц создавать в условиях полной свободы свои политические партии или другие политические организации и предоставляют таким поли- тическим партиям и организациям необходимые юридические гарантии, позволяющие им соревноваться друг с другом на основе равенства перед законом и органами власти; (7.7) обеспечивают, чтобы закон и государственная политика допускали проведение полити- ческих кампаний в атмосфере свободы и честности, в которой никакие административные действия, насилие или запугивание не удерживали бы партии и кандидатов от свободного изложения своих взглядов и оценок, а также не мешали бы избирателям знакомиться с ними и обсуждать их или голосовать свободно, не опасаясь наказания; (7.8) обеспечивают, чтобы не устанавливались какие-либо юридические или администра- тивные барьеры для беспрепятственного доступа к средствам массовой информации на недискриминационной основе для всех политических группировок и отдельных лиц, жела- ющих принять участие в избирательном процессе; (7.9) обеспечивают, чтобы кандидаты, получившие необходимое число голосов, определен- ное законом, надлежащим образом вступали в должность и могли оставаться в должно- сти до истечения срока своих полномочий или до их прекращения иным образом, который
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регулируется законом в соответствии с демократическими парламентскими и конституци- онными процедурами.
(8) Государства-участники считают, что присутствие наблюдателей, как иностранных, так и национальных, может повысить авторитетность избирательного процесса для государств, в которых проводятся выборы. Поэтому они приглашают наблюдателей от любых других государств-участников СБСЕ и любых соответствующих частных учреждений и органи- заций, которые пожелают этого, наблюдать за ходом их национальных выборов в объеме, допускаемом законом. Они также будут стремиться содействовать такому же доступу к изби- рательным процессам, проводимым на более низком, чем общенациональный уровне. Такие наблюдатели будут брать на себя обязательство не вмешиваться в избирательный процесс.
II
(9) Государства-участники подтверждают, что (9.1) каждый человек имеет право на свободу выражения своего мнения, включая право на общение. Это право включает свободу придерживаться своего мнения и получать и рас- пространять информацию и идеи без вмешательства со стороны государственных властей и независимо от государственных границ. Осуществление этого права может быть пред- метом лишь таких ограничений, которые предписаны законом и соответствуют междуна- родным стандартам. В частности, не будет установлено никаких ограничений на доступ к средствам для размножения документов всех видов и на их использование при соблюдении, тем не менее, прав, касающихся интеллектуальной собственности, включая авторское право; (9.2) каждый человек имеет право на мирные собрания и демонстрации. Любые ограниче- ния, которые могут быть установлены в отношении осуществления этих прав, предписы- ваются законом и соответствуют международным стандартам; (9.3) право на ассоциацию гарантируется. Право создавать и, в зависимости от общего права профсоюза определять свое членство, свободно вступать в профсоюз, гарантируется. Эти права исключают любой предварительный контроль. Свобода ассоциации для рабочих, включая свободу забастовок, гарантируется с ограничениями, предписанными законом и соответствующими международным стандартам; (9.4) каждый человек имеет право на свободу мысли, совести и религии. Это право вклю- чает свободу менять религию или убеждения и свободу исповедовать свою религию или веру как индивидуально, так и совместно с другими, публично или частным образом путем отправления культа, обучения и выполнения религиозных и ритуальных обрядов. Осу- ществление этих прав подлежит лишь таким ограничениям, которые предписаны законом и соответствуют международным стандартам; (9.5) они будут уважать право каждого человека покидать любую страну, включая свою собственную, и возвращаться в свою страну в соответствии с международными обязатель- ствами государства по международному праву и обязательствами по СБСЕ. Ограничения этого права будут носить характер весьма редких исключений, будут считаться необхо- димыми лишь в тех случаях, когда они отвечают конкретной общественной потребности, преследуют законную цель и соразмерны этой цели и не будут предметом злоупотребле- ния или произвольного применения; (9.6) каждый человек имеет право на мирное использование своей собственности инди- видуально либо совместно с другими. Никто не может быть лишен своей собственности, за исключением случаев, определяемых общественными интересами, и на условиях, пред- усмотренных законом и соответствующих международным обязательствам и обязатель- ствам по международному праву.
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(10) Подтверждая свое обязательство эффективно обеспечивать право отдельного лица знать права человека и основные свободы и поступать в соответствии с ними и самосто- ятельно или совместно с другими вносить активный вклад в их развитие и защиту, госу- дарства-участники заявляют о своем обязательстве: (10.1) уважать право каждого самостоятельно или совместно с другими запрашивать, полу- чать и передавать свободно мнения и информацию о правах человека и основных свободах, включая право распространять и публиковать такие мнения и информацию; (10.2) уважать право каждого самостоятельно или совместно с другими изучать и обсуж- дать вопросы соблюдения прав человека и основных свобод и готовить и обсуждать сооб- ражения относительно улучшения защиты прав человека и более совершенных средств обеспечения соблюдения международных стандартов в области прав человека; (10.3) обеспечивать, чтобы отдельным лицам было разрешено осуществлять право на ассо- циацию, включая право создавать, присоединяться и эффективно участвовать в деятель- ности неправительственных организаций, которые стремятся поощрять и защищать права человека и основные свободы, включая профсоюзы и группы по наблюдению за соблюде- нием прав человека; (10.4) разрешать членам таких групп и организаций иметь беспрепятственный доступ и под- держивать связь с подобными органами в своих странах и за их пределами и с международ- ными организациями, обмениваться мнениями, поддерживать контакты и сотрудничать с такими группами и организациями и испрашивать, получать и использовать с целью поощрения и защиты прав человека и основных свобод добровольные финансовые взносы из национальных и международных источников, как это предусматривается законом.
(11) Государства-участники заявляют далее, что в случаях, когда, как утверждается, имело место нарушение прав человека и основных свобод, имеющиеся эффективные средства правовой защиты включают (11.1) право отдельного лица запрашивать и получать адекватную юридическую помощь; (11.2) право отдельного лица запрашивать и получать помощь от других в защите прав человека и основных свобод и помогать другим в защите прав человека и основных свобод; (11.3) право отдельных лиц или групп, действующих от их имени, поддерживать связь с меж- дународными органами, наделенными компетенцией получать и рассматривать информа- цию, касающуюся утверждений о нарушении прав человека.
(12) Государства-участники, желая обеспечить большую открытость в выполнении обя- зательств, взятых на себя в разделе о человеческом измерении СБСЕ венского Итогового документа, постановляют принять в качестве меры по укреплению доверия присутствие наблюдателей, направляемых государствами-участниками, и представителей неправитель- ственных организаций и других заинтересованных лиц на судебных процессах, как это предусматривается в национальном законодательстве и международном праве; при этом понимается, что судебные процессы могут быть закрытыми (in camera) лишь при наличии обстоятельств, предписанных законом и соответствующих обязательствам по междуна- родному праву и международным обязательствам.
(13) Государства-участники принимают решение уделять особое внимание признанию прав ребенка, его гражданских прав и личных свобод, его экономических, социальных и куль- турных прав и его права на особую защиту от всех видов насилия и эксплуатации. Они рассмотрят вопрос о присоединении, если они еще не сделали этого, к Конвенции о правах ребенка, которая была открыта для подписания государствами 26 января 1990 года. Они
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признают в своем внутреннем законодательстве права ребенка, зафиксированные в меж- дународных соглашениях, сторонами которых они являются.
(14) Государства-участники соглашаются поощрять создание в своих странах условий для обучения студентов и учащихся из других государств-участников, включая лиц, проходя- щих профессионально-техническую подготовку. Они также соглашаются содействовать поездкам молодежи из своих стран для получения образования в других государствах-у- частниках и в этих целях поощрять заключение, где это необходимо, двусторонних и много- сторонних соглашений между их соответствующими правительственными учреждениями, организациями и учебными заведениями.
(15) Государства-участники будут действовать таким образом, чтобы облегчать передачу осужденных лиц и побуждать те государства-участники, которые не являются сторонами Конвенции о передаче осужденных лиц, подписанной в Страсбурге 21 ноября 1983 года, рассмотреть вопрос о присоединении к этой Конвенции.
(16) Государства-участники (16.1) подтверждают свое обязательство запретить пытки и другие жестокие, бесчеловеч- ные или унижающие достоинство виды обращения и наказания, принять эффективные законодательные, административные, судебные и другие меры для предотвращения такой практики и наказания за нее, защищать отдельных лиц от какой-либо психиатрической или иной медицинской практики, которая нарушает права человека и основные свободы, и принять эффективные меры для предотвращения такой практики и наказания за нее; (16.2) намереваются в срочном порядке рассмотреть вопрос о присоединении к Конвен- ции против пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, если они еще не сделали этого, и признании компетенции Коми- тета против пыток в соответствии со статьями 21 и 22 Конвенции и снятии оговорок отно- сительно компетенции Комитета в соответствии со статьей 20; (16.3) подчеркивают, что никакие исключительные обстоятельства, будь то состояние войны или угроза войны, внутренняя политическая нестабильность или любое другое чрезвычай- ное положение, не могут служить оправданием пыток; (16.4) будут обеспечивать, чтобы образование и информация относительно запрещения пыток полностью включались в подготовку работников гражданских и военных право- охранительных органов медицинского персонала, государственных служащих и других лиц, которые могут иметь дело с содержанием под стражей, ведением допроса или обра- щением с любым лицом, подвергшимся какой- либо форме ареста, задержания или тюрем- ного заключения; (16.5) будут систематически рассматривать правила, инструкции, методы и практику ведения допроса, а также условия содержания под стражей и обращения с лицами, подвергшимися какой-либо форме ареста, задержания или тюремного заключения на любой территории под их юрисдикцией, с тем, чтобы не допустить каких-либо случаев пыток; (16.6.) будут в первоочередном порядке принимать для рассмотрения и проведения надле- жащих действий, отвечающих согласованным мерам и процедурам эффективного выпол- нения обязательств, относящихся к человеческому измерению СБСЕ, любые случаи пыток и других бесчеловечных или унижающих достоинство видов обращения и наказания, о которых им стало известно по официальным каналам или из какого-либо иного надеж- ного источника информации;
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(16.7) будут действовать при том понимании, что сохранение и гарантия жизни и безопас- ности любого лица, подвергающегося какой-либо форме пыток и других бесчеловечных или унижающих человеческое достоинство видов обращения и наказания, будет единственным критерием при определении срочности и первоочередности при применении надлежащих средств для исправления положения; и поэтому рассмотрение любых случаев пыток и дру- гих бесчеловечных или унижающих достоинство видов обращения и наказания в рамках любого другого международного органа или механизма не может служить основанием для того, чтобы воздержаться от рассмотрения и проведения надлежащих действий в соответ- ствии с согласованными мерами и процедурами эффективного выполнения обязательств, относящихся к человеческому измерению СБСЕ.
(17) Государства-участники (17.1) напоминают о принятом по венскому Итоговому документу обязательстве оставить вопрос о смертной казни на рассмотрении и сотрудничать в рамках соответствующих меж- дународных организаций; (17.2) напоминают в этом контексте о принятии Генеральной Ассамблеей Организации Объ- единенных Наций 15 декабря 1989 года второго Факультативного протокола к Международ- ному пакту о гражданских и политических правах, имеющего целью отмену смертной казни; (17.3) отмечают ограничения и гарантии в отношении применения смертной казни, кото- рые были приняты международным сообществом, в частности в статье 6 Международного пакта о гражданских и политических правах; (17.4) отмечают положения шестого Протокола к Европейской конвенции о защите прав человека и основных свобод, касающиеся отмены смертной казни; (17.5) отмечают принятые в последнее время рядом государств-участников меры по отмене смертной казни; (17.6) отмечают деятельность некоторых неправительственных организаций по вопросу о смертной казни; (17.7) будут обмениваться информацией в рамках Конференции по человеческому изме- рению по вопросу об отмене смертной казни и продолжать рассматривать этот вопрос; (17.8) будут предоставлять общественности информацию относительно применения смерт- ной казни. (18) Государства-участники (18.1) отмечают, что Комиссия по правам человека Организации Объединенных Наций при- знала право каждого отказываться от военной службы по убеждениям совести; (18.2) отмечают меры, принятые в последнее время рядом государств-участников, с тем, чтобы разрешать освобождать от обязательной военной службы на основании отказа по убеждениям совести; (18.3) отмечают деятельность некоторых неправительственных организаций в связи с отка- зом от обязательной военной службы по убеждениям совести; (18.4) соглашаются рассмотреть вопрос о введении, где это еще не было сделано, различ- ных форм альтернативной службы, которые совместимы с мотивами отказа по убежде- ниям совести, причем такие формы альтернативной службы в принципе не будут связаны со службой в боевых частях или будут иметь гражданский характер, будут общественно полезными и не будут носить характера какого- либо наказания; (18.5) сделать информацию по этому вопросу доступной общественности; (18.6) оставят на рассмотрении в рамках Конференции по человеческому измерению соот- ветствующие вопросы, связанные с освобождением от обязательной военной службы, где
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таковая существует, отдельных лиц на основании отказа от службы в вооруженных силах по убеждениям совести и будут обмениваться информацией по этим вопросам.
(19) Государства-участники подтверждают, что более свободное передвижение и контакты между их гражданами имеют важное значение в контексте защиты и развития прав чело- века и основных свобод. Они будут обеспечивать, чтобы их политика в отношении въезда на их территории в полной мере соответствовала целям, изложенным в соответствующих положениях Заключительного акта, мадридского Итогового документа и венского Итого- вого документа. Подтверждая свою решимость не отступать от обязательств, содержащихся в документах СБСЕ, они обязуются полностью выполнять и совершенствовать нынешние обязательства в области контактов между людьми, в том числе на двусторонней и много- сторонней основе. В этом контексте они будут: (19.1) стремиться осуществлять процедуры въезда на их территории, включая выдачу виз, паспортный и таможенный контроль, добросовестно и без неоправданных задержек. Там, где это необходимо, они будут сокращать сроки принятия решений о выдаче виз, а также упрощать практику и сокращать административные требования в отношении ходатайств о получении виз; (19.2) обеспечивать при рассмотрении ходатайств о получении виз, чтобы этот процесс проходил как можно быстрее для того, чтобы, в частности, должным образом учитыва- лись важные семейные, личные или профессиональные соображения, особенно в случаях срочного гуманитарного характера; (19.3) стараться, там где это необходимо, снижать сборы, связанные с ходатайствами о выдаче виз до самого низкого возможного уровня;
(20) Заинтересованные государства-участники будут консультироваться и, где это целесоо- бразно, сотрудничать при рассмотрении проблем, которые могут возникнуть в результате возросшего передвижения людей. (…)
(22) Государства-участники подтверждают, что защита и поощрение прав рабочих-мигран- тов имеют свое человеческое измерение. В этом контексте они (22.1) соглашаются, что защита и поощрение прав рабочих-мигрантов является задачей всех государств-участников и как таковые они должны рассматриваться в рамках процесса СБСЕ; (22.2) подтверждают свое обязательство полностью обеспечивать в своем внутреннем зако- нодательстве права рабочих-мигрантов, предусмотренные международными соглашени- ями, участниками которых они являются; (22.3) считают, что в будущих международных инструментах, касающихся прав рабо- чих-мигрантов, они должны учитывать тот факт, что данный вопрос важен для них всех; (22.4) выражают свою готовность изучить на будущих совещаниях СБСЕ соответствующие аспекты дальнейшего поощрения прав рабочих-мигрантов и их семей.
(23) Государства-участники подтверждают выраженную ими в венском Итоговом доку- менте убежденность в том, что поощрение экономических, социальных и культурных прав, а также гражданских и политических прав имеет первостепенное значение для обеспечения человеческого достоинства и реализации законных чаяний каждого человека. Они также подтверждают принятое ими в Документе боннской Конференции по экономическому сотрудничеству в Европе обязательство относительно содействия поощрению социаль- ной справедливости и улучшения условий жизни и труда. В контексте продолжения своих
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усилий в целях постепенного достижения полной реализации экономических, социальных и культурных прав всеми надлежащими способами они будут уделять особое внимание проблемам в области занятости, обеспечения жильем, социального обеспечения, здраво- охранения, образования и культуры.
(24) Государства-участники будут обеспечивать, чтобы осуществление всех прав человека и основных свобод, изложенных выше, не могло быть объектом никаких ограничений, кроме тех, которые предусмотрены законом и соответствуют их обязательствам по международ- ному праву, в частности по Международному пакту о гражданских и политических пра- вах, и их международными обязательствами, в частности по Всеобщей декларации прав человека. Эти ограничения носят характер исключений. Государства-участники будут обе- спечивать, чтобы этими ограничениями не злоупотребляли и чтобы они применялись не произвольно, а так, чтобы обеспечивалось эффективное осуществление этих прав. Любое ограничение прав и свобод в демократическом обществе должно быть увязано с одной из целей применяемого закона и должно быть строго соразмерно предназначению этого закона.
(25) Государства-участники подтверждают, что любое отступление от обязательств, отно- сящихся к правам человека и основным свободам, в условиях чрезвычайного положения должно оставаться строго в пределах, предусмотренных международным правом, в част- ности, соответствующими международными инструментами, участниками которых они являются, особенно в том, что касается прав, от которых не может быть отступлений. Они также подтверждают, что (25.1) меры, представляющие собой отступление от таких обязательств, должны приниматься в строгом соответствии с процедурными требованиями, изложенными в этих инструментах; (25.2) введение чрезвычайного положения должно быть объявлено официально, публично и в соответствии с положениями, закрепленными законом; (25.3) меры, представляющие собой отступление от обязательств, будут строго ограничи- ваться рамками, которых требует острота положения; (25.4) такие меры не повлекут за собой дискриминации исключительно на основе расовой принадлежности, цвета кожи, пола, языка, религии, социального происхождения или при- надлежности к меньшинству.
III
(26) Государства-участники признают, что жизнеспособная демократия зависит от существо- вания как составной части национальной жизни демократических ценностей и практики, а также широкого круга демократических институтов. Они будут поэтому поощрять, облег- чать и, там где это целесообразно, поддерживать совместные практические усилия и обмен информацией, идеями и опытом между ними и в рамках прямых контактов и сотрудни- чества между отдельными лицами, группами и организациями в областях, включающих следующее: • конституционные право, реформы и развитие, • законодательство о выборах, проведение выборов и наблюдении за ними, • создание судов и правовых систем и управление ими, • развитие беспристрастной и эффективной государственной службы, в рамках кото- рой прием на работу и продвижение по службе основываются на системе учета личных достоинств работников, • проведение законов в жизнь,
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• местное управление и децентрализация, • доступ к информации и обеспечение конфиденциальности, • формирующиеся политические партии и их роль в плюралистических обществах, • свободные и независимые профсоюзы, • кооперативные движения, • развитие других форм свободной ассоциации и групп, преследующих общественные интересы, • журналистика, независимые средства массовой информации, интеллектуальная и куль- турная жизнь, • преподавание знаний о демократических ценностях, институтах и практике в учебных заведениях, а также обеспечения атмосферы свободного познания.
Такие усилия могут охватывать спектр сотрудничества в рамках человеческого измере- ния СБСЕ, включая обучение, обмен информацией, книгами и учебными материалами, совместные программы и проекты, научные и профессиональные обмены и конференции, стипендии, субсидии на научные исследования, предоставление экспертных знаний и кон- сультативных услуг, деловые и научные контакты и программы.
(27) Государства-участники будут также содействовать созданию и укреплению независимых национальных институтов в области прав человека и верховенства закона, которые могут также выступать в качестве центров координации и сотрудничества между такими инсти- тутами в государствах-участниках. Они предлагают поощрять сотрудничество между пар- ламентариями государств-участников, в том числе через существующие межпарламентские ассоциации и, в частности, через совместные комиссии, телевизионные дебаты с участием парламентариев, встречи и обсуждения за «круглым столом». Они будут также поощрять существующие учреждения, такие как организации системы Организации Объединенных Наций и Совет Европы, к продолжению и расширению начатой ими работы в этой области.
(28) Государства-участники признают важный опыт Совета Европы в области прав чело- века и основных свобод и соглашаются изучить дальнейшие пути и средства, позволяющие Совету Европы внести свой вклад в человеческое измерение СБСЕ. Они соглашаются, что характер этого вклада мог бы быть изучен в дальнейшем на одном из будущих форумов СБСЕ. (…)
IV
(30) Государства-участники признают, что вопросы, относящиеся к национальным мень- шинствам, могут быть удовлетворительным образом решены только в демократических политических рамках, основанных на верховенстве закона, в условиях функционирова- ния независимой судебной системы. Эти рамки гарантируют полное уважение прав чело- века и основных свобод, равные права и положение всех граждан, свободное выражение всех их законных интересов и чаяний, политический плюрализм, социальную терпимость и выполнение правовых норм, ставящих эффективные препятствия на пути злоупотребле- ния государственной властью.
Они также признают важную роль неправительственных организаций, включая поли- тические партии, профсоюзы, организации по правам человека и религиозные группы,
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в поощрении терпимости, культурного многообразия и в решении вопросов, относящихся к национальным меньшинствам.
Они далее подтверждают, что уважение прав лиц, принадлежащих к национальным мень- шинствам, как части общепризнанных прав человека, является существенным фактором мира, справедливости, стабильности и демократии в государствах-участниках.
(31) Лица, принадлежащие к национальным меньшинствам, имеют право полностью и эффективно осуществлять свои права человека и основные свободы без какой-либо дис- криминации и в условиях полного равенства перед законом.
Государства-участники примут, в случае необходимости, специальные меры с целью гаран- тировать лицам, принадлежащим к национальным меньшинствам, полное равенство с дру- гими гражданами в осуществлении прав человека и основных свобод и пользовании ими.
(32) Принадлежность лица к национальному меньшинству является предметом его лич- ного выбора, и никакие неблагоприятные последствия не могут возникать из осуществле- ния такого выбора. Лица, принадлежащие к национальным меньшинствам, имеют право свободно выражать, сохранять и развивать свою этническую культурную, языковую или религиозную самобытность и поддерживать и развивать свою культуру во всех ее аспек- тах, не подвергаясь каким-либо попыткам ассимиляции вопреки своей воли. В частности, они имеют право: (32.1) свободно пользоваться своим родным языком в личной и общественной жизни; (32.2) создавать и поддерживать свои собственные образовательные, культурные и рели- гиозные учреждения, организации или ассоциации, которые могут искать добровольную финансовую и другую помощь, а также государственную поддержку в соответствии с наци- ональным законодательством; (32.3) исповедовать свою религию, в том числе приобретать, обладать и использовать рели- гиозные материалы и осуществлять религиозную деятельность в области образования на своем родном языке; (32.4) устанавливать и поддерживать беспрепятственные контакты между собой в преде- лах своей страны, а также через границы с гражданами других государств, с которыми они имеют общее этническое или национальное происхождение, культурное наследие или религиозные верования; (32.5) распространять информацию, иметь доступ к ней и обмениваться информацией на своем родном языке; (32.6) создавать и поддерживать организации или ассоциации в пределах своей страны и участвовать в деятельности международных неправительственных организаций.
Лица, принадлежащие к национальным меньшинствам, могут осуществлять свои права и пользоваться ими на индивидуальной основе, а также совместно с другими членами своей группы. Для лица, принадлежащего к национальному меньшинству, не может воз- никать никаких неблагоприятных последствий по причине осуществления или неосущест- вления любого из таких прав.
(33) Государства-участники будут защищать этническую, культурную, языковую и рели- гиозную самобытность национальных меньшинств на своей территории и создавать усло- вия для поощрения этой самобытности. Они будут принимать необходимые меры с этой целью после проведения надлежащих консультаций, включая контакты с организациями
70 Копенгаген, 1990 г
или ассоциациями таких меньшинств, в соответствии с процедурой принятия решений каждого государства.
Любые такие меры будут соответствовать принципам равенства и недискриминации в отно- шении других граждан соответствующих государств-участников.
(34) Государства-участники будут стремиться гарантировать, чтобы лица, принадлежащие к национальным меньшинствам, вне зависимости от необходимости изучать официальный язык или официальные языки соответствующего государства, имели надлежащие возмож- ности для обучения своему родному языку или на своем родном языке, а также, там где это возможно и необходимо, для его использования в государственных органах в соответ- ствии с применяемым национальным законодательством.
В контексте преподавания истории и культуры в учебных заведениях они также будут учи- тывать историю и культуру национальных меньшинств.
(35) Государства-участники будут уважать право лиц, принадлежащих к национальным меньшинствам, на эффективное участие в государственных делах, включая участие в делах, относящихся к защите и поощрению самобытности таких меньшинств.
Государства-участники отмечают усилия, предпринятые с целью защиты и создания усло- вий для поощрения этнической, культурной, языковой и религиозной самобытности опре- деленных национальных меньшинств путем создания в качестве одного из возможных средств для достижения этих целей, в соответствии с политикой заинтересованного госу- дарства, надлежащих местных или автономных органов управления, отвечающих конкрет- ным историческим и территориальным условиям таких меньшинств.
(36) Государства-участники признают особую важность развития конструктивного сотруд- ничества между ними по вопросам национальных меньшинств. Такое сотрудничество имеет своей целью содействие взаимопониманию и доверию, дружественным и добрососедским отношениям, международному миру, безопасности и справедливости.
Каждое государство-участник будет содействовать климату взаимного уважения, понима- ния, сотрудничества и солидарности между всеми лицами, проживающими на его терри- тории, без различия этнического или национального происхождения или религии и будут поощрять решение проблем с помощью диалога, основанного на принципах верховенства закона.
(37) Ни одно из этих положений не может толковаться как подразумевающее какое- либо право заниматься любой деятельностью или осуществлять любое действие вопреки целям и принципам Устава Организации Объединенных Наций, другим обязательствам по меж- дународному праву или положениям Заключительного акта, включая принцип территори- альной целостности государств.
(38) Государства-участники в своих усилиях по защите и поощрению прав лиц, принадле- жащих к национальным меньшинствам, будут в полной мере соблюдать свои обязатель- ства согласно существующим конвенциям по правам человека и другим соответствующим международным инструментам и рассмотрят вопрос о присоединении к соответствую- щим конвенциям, если они этого еще не сделали, включая конвенции, предусматриваю- щие право отдельных лиц на жалобу.
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(39) Государства-участники будут тесно сотрудничать в компетентных международных орга- низациях, членами которых они являются, включая Организацию Объединенных Наций и, в соответствующих случаях, Совет Европы, с учетом проводимой ими работы в отно- шении вопросов, касающихся национальных меньшинств.
Они рассмотрят вопрос о созыве совещания экспертов для всестороннего обсуждения вопроса о национальных меньшинствах.
(40) Государства-участники четко и безоговорочно осуждают тоталитаризм, расовую и этни- ческую ненависть, антисемитизм, ксенофобию и дискриминацию против кого бы то ни было, а также преследование по религиозным и идеологическим мотивам. В этом контек- сте они также признают особые проблемы роман (цыган).
Они заявляют о своем твердом намерении активизировать усилия по борьбе с этими явле- ниями во всех их формах и поэтому (40.1) будут принимать эффективные меры, включая, в соответствии с их конституцион- ными системами и их международными обязательствами, принятие таких законов, которые могут быть необходимы для обеспечения защиты от любых актов, которые представляют собой подстрекательство к насилию против лиц или групп, основанное на национальной, расовой, этнической или религиозной дискриминации, враждебности или ненависти, вклю- чая антисемитизм; (40.2) возьмут на себя обязательство принять надлежащие и соответствующие меры для защиты лиц или групп, которые могут подвергаться угрозам или актам дискриминации, враждебности или насилия в результате их расовой, этнической, культурной, языковой или религиозной самобытности, и для защиты их собственности; (40.3) будут принимать эффективные меры в соответствии с их конституционными систе- мами, на национальном, региональном и местном уровнях для содействия взаимопонима- нию и терпимости, особенно в областях образования, культуры и информации; (40.4) будут стремиться обеспечивать, чтобы в рамках задач по образованию уделялось особое внимание проблеме расовых предрассудков и ненависти и укреплению уважения к различным цивилизациям и культурам; (40.5) будут признавать право каждого лица на эффективные средства правовой защиты и будут стремиться признавать, в соответствии с национальным законодательством, право заинтересованных лиц и групп выступать с жалобами и поддерживать жалобы по поводу актов дискриминации, включая акты расизма и ксенофобии; (40.6) рассмотрят вопрос о присоединении, если они этого еще не сделали, к международ- ным инструментам, в которых рассматривается проблема дискриминации, и будут обеспе- чивать полное выполнение взятых по ним обязательств, включая обязательства, касающиеся представления периодических докладов; (40.7) рассмотрят также вопрос о признании тех международных механизмов, которые позволяют государствам и отдельным лицам направлять сообщения, касающиеся дискри- минации, в международные органы.
V
(41) Государства-участники подтверждают свою приверженность человеческому измере- нию СБСЕ и подчеркивают его важность как составной части сбалансированного под- хода к безопасности и сотрудничеству в Европе. Они согласны в том, что Конференция по
72 Копенгаген, 1990 г
человеческому измерению СБСЕ и механизм человеческого измерения, как они определены в разделе о человеческом измерении СБСЕ венского Итогового документа, продемонстри- ровали свою ценность как методы продвижения их диалога и сотрудничества и содействия решению соответствующих конкретных вопросов. Они выражают свою убежденность в том, что эти методы должны получить свое продолжение и развитие как составная часть углу- бляющегося процесса СБСЕ.
(42) Государства-участники признают необходимость дальнейшего повышения эффективно- сти процедур, как они определены в пунктах 1–4 раздела о человеческом измерении СБСЕ венского Итогового документа, и с этой целью постановляют: (42.1) давать в как можно более короткие сроки, но не позднее чем через четыре недели, письменные ответы на запросы об информации и на представления, сделанные им в пись- менном виде другими государствами-участниками в соответствии с пунктом 1; (42.2) что двусторонние встречи, предусмотренные пунктом 2, будут проводиться по воз- можности скорее, как правило, в течение трех недель со дня представления запроса; (42.3) воздерживаться в ходе двусторонних встреч, проводимых в соответствии с пунктом 2, от постановки вопроса о ситуациях и случаях, не связанных с предметом этих встреч, если только обе стороны не договорятся об этом.
(43) Государства-участники изучили практические предложения о новых мерах, направ- ленных на улучшение выполнения обязательств, относящихся к человеческому измерению СБСЕ. В этой связи они рассмотрели предложения, касающиеся направления наблюдателей для изучения ситуаций и конкретных случаев, назначения докладчиков для проведения расследования и внесения предложений относительно соответствующих решений, созда- ния Комитета по человеческому измерению СБСЕ, расширения участия отдельных лиц, организаций и учреждений в механизме человеческого измерения и развития двусторон- них и многосторонних усилий с целью содействия решению соответствующих вопросов.
Они решают продолжить всестороннее обсуждение на последующих соответствующих форумах СБСЕ этих и других предложений, направленных на укрепление механизма чело- веческого измерения, и рассмотреть вопрос о принятии, в контексте дальнейшего развития процесса СБСЕ, надлежащих новых мер. Они согласны в том, что эти меры должны способ- ствовать достижению дальнейшего эффективного прогресса, содействовать предотвраще- нию конфликтов и доверию в области человеческого измерения СБСЕ. (…)
73 Парижская Хартия для новой Европы Париж, 1990 г.
(…)
Новая эра демократии, мира и единства
Мы, Главы государств и правительств государств-участников Совещания по безопасно- сти и сотрудничеству в Европе, собрались в Париже в период глубоких перемен и истори- ческих ожиданий. Эра конфронтации и раскола Европы закончилась. Мы заявляем, что отныне наши отношения будут основываться на взаимном уважении и сотрудничестве.
Европа освобождается от наследия прошлого. Храбрость мужчин и женщин, сила воли народов и мощь идей хельсинкского Заключительного акта открыли новую эпоху демо- кратии, мира и единства в Европе.
Наше время – это время осуществления тех надежд и ожиданий, которые жили в сердцах наших народов на протяжении десятилетий: твердая приверженность демократии, осно- ванной на правах человека и основных свободах; процветание через экономическую сво- боду и социальную справедливость и равная безопасность для всех наших стран.
Десять Принципов Заключительного акта будут нашей путеводной звездой в продвижении к этому желанному будущему, подобно тому, как они освещали наш путь к улучшению отно- шений на протяжении последних пятнадцати лет. Полное выполнение всех обязательств по СБСЕ должно служить основой для тех инициатив, которые мы предпринимаем теперь с тем, чтобы дать возможность нашим народам жить в соответствии с их чаяниями.
Права человека, демократия и верховенство закона
Мы обязуемся строить, консолидировать и укреплять демократию как единственную систему правления в наших странах. В этом начинании мы будем руководствоваться следующим:
Права человека и основные свободы с рождения принадлежат всем людям, они неотъемлемы и гарантируются законом. Их защита и содействие им – первейшая обязанность правитель- ства. Их уважение – существенная гарантия против обладающего чрезмерной властью госу- дарства. Их соблюдение и полное осуществление – основа свободы, справедливости и мира.
Демократическое правление основывается на воле народа, выражаемой регулярно в ходе свободных и справедливых выборов. В основе демократии лежит уважение человеческой личности и верховенства закона. Демократия является наилучшей гарантией свободы выра- жения своего мнения, терпимости по отношению ко всем группам в обществе и равенства возможностей для каждого человека.
74 Париж, 1990 г
Демократия, имеющая представительный и плюралистический характер, влечет за собой подотчетность избирателям, обязательство государственных властей соблюдать законы и беспристрастное отправление правосудия. Никто не должен стоять над законом.
Мы подтверждаем, что без какой-либо дискриминации • каждый человек имеет право на: – свободу мысли, совести, религии и убеждений, – свободу выражения своего мнения, – свободу ассоциации и мирных собраний, – свободу передвижения; • никто не будет: – подвергаться произвольному аресту или содержанию под стражей, – подвергаться пыткам или другим видам жестокого, бесчеловечного или унижающего человеческое достоинство обращения и наказания; • каждый имеет также право: – знать свои права и поступать в соответствии с ними, – участвовать в свободных и справедливых выборах, – на справедливое и открытое судебное разбирательство в случае предъявления ему обвинения в совершении преступления, – владеть собственностью единолично или совместно с другими и заниматься индиви- дуальным предпринимательством, – пользоваться своими экономическими, социальными и культурными правами.
Мы подтверждаем, что этническая, культурная, языковая и религиозная самобытность национальных меньшинств будет защищена, и что лица, принадлежащие к национальным меньшинствам, имеют право свободно выражать, сохранять и развивать эту самобытность без какой-либо дискриминации и в условиях полного равенства перед законом.
Мы будем обеспечивать, чтобы каждый человек пользовался доступом к эффективным средствам правовой защиты, национальным или международным, против любого нару- шения его прав.
Полное соблюдение настоящих положений является тем фундаментом, на котором мы будем стремиться строить новую Европу.
Наши государства будут сотрудничать и оказывать друг другу поддержку с целью сделать демократические завоевания необратимыми.
Экономическая свобода и ответственность
Экономическая свобода, социальная справедливость и ответственное отношение к окру- жающей среде абсолютно необходимы для процветания.
Свободная воля личности, осуществляемая в условиях демократии и защищаемая верховен- ством закона, составляет необходимую основу для успешного экономического и социального
75 Париж, 1990 г
развития. Мы будем поощрять такую экономическую деятельность, которая осуществля- ется при уважении и утверждении человеческого достоинства.
Свобода и политический плюрализм являются необходимыми элементами нашей общей цели – развития рыночной экономики в направлении устойчивого экономического роста, процветания, социальной справедливости, увеличения занятости и эффективного исполь- зования экономических ресурсов. Успешный переход к рыночной экономике стран, пред- принимающих усилия в этом направлении, имеет важное значение и отвечает интересам всех нас. Он позволит нам подняться на более высокий уровень благосостояния, что явля- ется нашей общей целью. Мы будем сотрудничать в решении этой задачи.
Сохранение окружающей среды – совместная обязанность всех наших стран. Поддерживая усилия, предпринимаемые в этой области на национальном и региональном уровнях, мы также должны иметь в виду острую потребность в совместных действиях на более широ- кой основе.
Дружественные отношения между государствами-участниками (…)
С целью поддержания и укрепления демократии, мира и единства в Европе мы торже- ственно провозглашаем нашу полную приверженность десяти принципам хельсинкского Заключительного акта. Мы подтверждаем непреходящую ценность этих десяти принципов и нашу решимость осуществлять их на практике. Все принципы применяются одинаково и неукоснительно при интерпретации каждого из них с учетом других. Они составляют основу наших отношений. (…)
Наши отношения будут покоиться на нашей общей приверженности демократическим цен- ностям, а также правам человека и основным свободам. Мы убеждены, что для укрепления мира и безопасности наших государств абсолютно необходимы развитие демократии и ува- жение и эффективное осуществление прав человека. Мы вновь подтверждаем равноправие народов и их право распоряжаться своей судьбой в соответствии с Уставом Организации Объединенных Наций и соответствующими нормами международного права, включая те, которые относятся к территориальной целостности государств. (…)
Ориентиры на будущее
Исходя из нашей твердой приверженности полному соблюдению всех принципов и поло- жений СБСЕ, мы принимаем сейчас решение придать новый импульс сбалансированному и всестороннему развитию нашего сотрудничества в целях удовлетворения нужд и чая- ний наших народов.
Человеческое измерение
Мы заявляем, что наше уважение прав человека и основных свобод неизменно. Мы будем полностью соблюдать и развивать положения, касающиеся человеческого измерения СБСЕ.
76 Париж, 1990 г
Руководствуясь Документом Копенгагенского совещания Конференции по человеческому измерению, мы будем сотрудничать в целях укрепления демократических институтов и обеспечения верховенства закона. С этой целью мы принимаем решение провести семи- нар экспертов в Осло с 4 по 15 ноября 1991 года.
Исполненные решимости способствовать богатому вкладу национальных меньшинств в жизнь наших обществ, мы обязуемся и впредь улучшать их положение. Мы вновь под- тверждаем нашу глубокую убежденность в том, что дружественные отношения между нашими народами, а также мир, справедливость, стабильность и демократия требуют того, чтобы этническая, культурная, языковая и религиозная самобытность национальных мень- шинств была защищена и чтобы создавались условия для поощрения этой самобытности. Мы заявляем, что вопросы, касающиеся национальных меньшинств, могут решаться удов- летворительным образом только в демократических политических рамках. Мы признаем далее, что права лиц, принадлежащих к национальным меньшинствам, должны полностью уважаться как часть всеобщих прав человека. Сознавая неотложную потребность в активи- зации сотрудничества в вопросах, касающихся национальных меньшинств, а также в улуч- шении их защиты, мы принимаем решение провести с 1 по 19 июля 1991 года в Женеве совещание экспертов по вопросам национальных меньшинств.
Мы выражаем свою решимость бороться против всех форм расовой и этнической нена- висти, антисемитизма, ксенофобии и дискриминации в отношении кого бы то ни было, а также преследования по религиозным и идеологическим мотивам.
В соответствии с нашими обязательствами по СБСЕ мы подчеркиваем, что свободное пере- движение наших граждан и контакты между ними, а также свободный поток информации и идей имеют важнейшее значение для сохранения и развития свободных обществ и про- цветающих культур. Мы приветствуем развитие туризма и расширение поездок граждан наших стран друг к другу.
Механизм человеческого измерения доказал свою полезность, и поэтому мы исполнены решимости расширять его путем включения новых процедур, предусматривающих, в част- ности, услуги экспертов или коллегии видных деятелей, обладающих опытом в вопросах прав человека, которые могут быть поставлены в рамках данного механизма. В контексте данного механизма мы будем обеспечивать участие отдельных лиц в защите их прав. Поэ- тому мы заявляем о нашей твердой приверженности дальнейшему расширению наших обязательств в этой области, в частности на московском совещании Конференции по чело- веческому измерению, без ущерба для обязательств по существующим международным инструментам, участниками которых могут быть наши государства.
Мы признаем важный вклад Совета Европы в дело содействия правам человека и принци- пам демократии и верховенства закона, а также в развитие сотрудничества в области куль- туры. Мы приветствуем шаги, предпринятые некоторыми государствами-участниками в целях вступления в Совет Европы и присоединения к его Европейской конвенции о пра- вах человека. Мы также приветствуем готовность Совета Европы передать свой опыт СБСЕ.
Безопасность (…)
Мы безоговорочно осуждаем как преступные все акты, методы и практику терроризма и выражаем свою решимость сотрудничать в целях его искоренения как на двусторонней
77 Париж, 1990 г
основе, так и путем многостороннего сотрудничества. Мы также будем совместно бороться с незаконным оборотом наркотиков. (…)
Культура
Мы признаем важнейший вклад нашей общей европейской культуры и разделяемых нами ценностей в преодоление раскола на континенте. Поэтому мы подчеркиваем свою привер- женность свободе творчества, а также защите и развитию нашего культурного и духовного наследия во всем его богатстве и разнообразии.
Ввиду недавних изменений в Европе мы подчеркиваем возросшее значение краковского симпозиума и с заинтересованностью ожидаем рассмотрения на нем основных направле- ний активизации сотрудничества в области культуры. Мы приглашаем Совет Европы вне- сти вклад в работу этого симпозиума.
В целях содействия более глубокому взаимному ознакомлению наших народов мы высту- паем за создание культурных центров в городах других государств-участников, а также за более активное сотрудничество в аудиовизуальной области и более широкий обмен в сфере музыки, театра, литературы и искусства.
Мы принимаем решение приложить особые усилия в нашей национальной политике в целях содействия более глубокому взаимопониманию, в частности среди молодежи, посредством культурных обменов, сотрудничества во всех областях образования и, более конкретно, посредством преподавания и подготовки на языках других государств-участников. Мы намерены рассмотреть первые результаты этой деятельности на Хельсинкской встрече в рамках дальнейших шагов в 1992 году.
Рабочие-мигранты
Мы признаем, что проблемы рабочих-мигрантов и их семей, законно проживающих в при- нимающих странах, имеют экономические, культурные и социальные аспекты, а также свое человеческое измерение. Мы вновь подтверждаем, что защита их прав и содействие им, а также выполнение соответствующих международных обязательств является нашим общим делом. (…)
Неправительственные организации
Мы напоминаем о важной роли, которую неправительственные организации, религиоз- ные и иные группы и отдельные лица играют в достижении целей СБСЕ, и будем и впредь содействовать их деятельности, направленной на осуществление государствами-участ- никами обязательств по СБСЕ. Для выполнения своей важной задачи эти организации, группы и отдельные лица должны быть надлежащим образом вовлечены в деятельность и новые структуры СБСЕ.
Новые структуры и институты процесса СБСЕ (…)
78 Париж, 1990 г
Мы принимаем решение создать в Варшаве Бюро по свободным выборам для содействия контактам и обмену информацией о выборах в государствах-участниках. (…)
Дополнительный документ об осуществлении определенных положений, содержащихся в парижской Хартии для новой Европы
Ниже излагаются процедуры и организационные условия, которые касаются определенных положений, содержащихся в Парижской хартии для новой Европы, подписанной в Париже 21 ноября 1990 года.
I.
Организационные положения (…)
G. Бюро по свободным выборам
1. Функции Бюро по свободным выборам будут заключаться в содействии контактам и обмену информацией о выборах в государствах-участниках. Таким образом Бюро будет способствовать выполнению пунктов 6, 7 и 8 Документа Копенгагенского совещания Кон- ференции по человеческому измерению СБСЕ (соответствующие положения содержатся в приложении I).
2. С этой целью Бюро будет: • собирать информацию, в том числе информацию, предоставляемую компетентными орга- нами государств-участников, о времени проведения, процедуре и официальных резуль- татах запланированных национальных выборов в государствах-участниках, а также сообщения групп наблюдателей за выборами и предоставлять их по соответствующей просьбе правительствам, парламентам и заинтересованным частным организациям; • оказывать содействие контактам между правительствами, парламентами или частными организациями, желающими принять участие в наблюдении за выборами, и компетент- ными органами государств, в которых должны состояться выборы; • организовывать по просьбе государств-участников семинары или другие встречи, каса- ющиеся процедуры выборов и демократических институтов, и служить местом их про- ведения.
3. Бюро будет принимать во внимание деятельность других учреждений в этой области и сотрудничать с ними.
4. Бюро будет выполнять и другие задачи, порученные ему Советом.
5. В состав Бюро будут входить следующие сотрудники: • Директор, который будет нести ответственность перед Советом через Комитет старших должностных лиц; • один сотрудник; • административный технический персонал, нанимаемый Директором Бюро.
79 Документ краковского симпозиума по культурному наследию государств участников СБСЕ Краков, 1991 г.
(…)
Государства-участники выражают свою глубокую убежденность в том, что они совместно пользуются общими ценностями, созданными историей и основанными, среди прочего, на уважении личности, свободы совести, религии или вероисповедания, свободы самовыра- жения, признании важности духовных и культурных ценностей, приверженности верхо- венству закона, терпимости и открытости для диалога с представителями других культур.
Они принимают к сведению взаимозависимость между культурной жизнью и благососто- янием своих народов, а также особую важность этой взаимозависимости для демократи- ческих стран в том, что касается перехода к рыночной экономике. Они поощряют оказание поддержки в соответствии с уже принятыми обязанностями и непрерывной помощи этим странам в сохранении и охране их культурного наследия.
Государства-участники уважают незаменимую самобытность всех своих культур и будут стремиться содействовать непрерывному культурному диалогу между собой и с другими странами мира. Они вновь подтверждают свою убежденность в том, что уважение куль- турного многообразия способствует взаимопониманию и проявлению терпимости отдель- ных людей и их групп.
Они считают, что региональные аспекты культуры должны сами по себе служить факто- ром взаимопонимания между людьми.
Региональное культурное многообразие является отражением богатства общей культур- ной самобытности государств-участников. Ее сохранение и охрана способствуют созда- нию демократической, мирной и объединенной Европы.
Вновь подтверждая свою приверженность полному осуществлению положений, касаю- щихся культурных аспектов Хельсинкского заключительного акта и других документов СБСЕ, государства-участники соглашаются о нижеследующем:
I. Культура и свобода
1. Государства-участники особо подчеркивают, что уважение прав человека и основных свобод является необходимым условием всестороннего развития культурного творчества.
2. Государственные и общественные органы будут воздерживаться от посягательства на свободу художественного творчества.
80 Краков, 1991 г
3. Государства-участники обязуются содействовать свободному и беспрепятственному раз- витию художественного творчества и защищать его; они признают важную роль отдельных деятелей культуры в обществе и будут уважать и защищать целостность творческого труда.
4. Они признают, что правительствам необходимо обеспечивать равновесие между их двой- ной обязанностью оказывать содействие деятельности в области культуры и гарантировать свободу такой деятельности.
5. Они признают далее, что, учитывая разнообразие деятельности в области культуры в госу- дарствах-участниках, существует много путей, которые имеются в распоряжении прави- тельств для эффективного решения проблем, касающихся культурного наследия.
6. Государства-участники подтверждают свою приверженность свободе самовыражения и в связи с осуществлением этой свободы в области искусства и культуры заявляют сле- дующее: 6.1. Издание письменных материалов, исполнение и трансляция музыкальных, театральных и аудиовизуальных произведений, а также проведение выставок живописи и скульптуры не будут являться объектом ограничений или вмешательства со стороны государства за исключением тех случаев, когда такие ограничения предписываются внутренним законо- дательством и полностью соответствуют международным нормам. 6.2. Они выражают свое убеждение в том, что существование в области искусства и куль- туры различных независимых от государства средств распространения, таких, как изда- тельства, радиовещательные, кинематографические и телевизионные организации, театры и галереи, способствует обеспечению плюрализма и свободы художественного и культур- ного выражения.
7. Государства-участники подтверждают свою приверженность обеспечению беспрепят- ственного доступа к культуре и договариваются о следующем: 7.1. При условии надлежащего соблюдения прав интеллектуальной собственности любое лицо или независимая организация пользуется правом иметь в собственности, использо- вать и воспроизводить любые виды материалов культурного характера, такие, как книги, издания и аудиовизуальные записи, а также средства их воспроизведения.
8. Государства-участники полны решимости содействовать расширению взаимных знаний об их соответствующих культурах. Исходя из этого они будут поощрять сотрудничество и обмены во всех областях культуры и творческой деятельности.
9. Государства-участники выражают свою убежденность в том, что культурную жизнь обо- гащают региональные и местные культуры, включая культуры, связанные с националь- ными меньшинствами.
II. Культура и наследие
10. Государства-участники выражают свою глубокую убежденность в том, что культурное наследие каждого из них представляет собой неотъемлемую часть их цивилизации, памяти и общей истории, которая должна быть передана будущим поколениям.
81 Краков, 1991 г
11. Государства-участники принимают к сведению определения археологических ценно- стей культурного наследия и архитектурного наследия, содержащиеся в соответствующих международных документах Совета Европы и ЮНЕСКО.
12. Одним из важнейших элементов культурного наследия, который может быть передан будущим поколениям, является полное и регулярное документальное отражение досто- примечательных мест, структур, культурных ландшафтов, объектов и культурных систем, включая исторические, религиозные и культурные памятники в том виде, в котором они существуют в настоящее время.
13. Государства-участники признают также в качестве важнейших элементов своего общего культурного наследия наследие тех культур, которые по причине языковых барьеров, кли- мата или географической отдаленности, малочисленности населения или поворотов исто- рии и политических обстоятельств не имели к себе широкого доступа.
14. Государства-участники будут делать все возможное для охраны культурного наследия в соответствии с международными договоренностями и своим внутренним законодатель- ством в этой области.
15. Государства-участники будут уделять внимание сохранению, развитию и восстанов- лению культурного наследия при разработке мероприятий в области культуры, экологии и регионального и городского планирования. Они отмечают далее важность увязки отдель- ных проектов сохранения с их аутентичным городским или сельским окружением в тех случаях, когда это необходимо и возможно.
16. Государства-участники признают важность обеспечения наиболее широкого доступа к их культурному наследию. При этом, в частности, они будут уделять внимание потреб- ностям инвалидов. 16.1. Они будут делать все возможное для защиты культурного наследия от ущерба, кото- рый может быть нанесен ему в результате его использования и доступа к нему широкой общественности. 16.2. Они будут способствовать осознанию общественностью значения наследия и необ- ходимости его охраны. 16.3. Они будут стремиться во всех возможных случаях облегчать доступ исследователей и ученых к соответствующим основополагающим документам и архивным материалам.
17. Государства-участники с признательностью отмечают роль неправительственных ассоци- аций в расширении осведомленности и культурном наследии и необходимости его охраны.
18. Для обеспечения эффективного и всестороннего сохранения культурного наследия большую роль играет партнерство на местном, региональном и национальном уровнях между различными группами как частного, так и государственного сектора. Сохранению и разъяснению важности культурных ценностей и культурного наследия различных групп будет способствовать привлечение этих групп к этой работе, что позволит обеспечить тер- пимое и уважительное отношение к различным культурам, имеющее огромное значение.
19. Государства-участники признают полезность и важность обмена информацией о сохра- нении культурного наследия и отмечают, что использование на национальном и многона- циональном уровнях банков данных может внести большой вклад в эту работу.
82 Краков, 1991 г
III. Основные области сохранения и сотрудничества
20. Государства-участники будут содействовать начальному и углубленному обучению кадров различным специальностям и ремеслам в области сохранения и восстановления культурного наследия, а также его рационального использования. Они договариваются знакомить друг друга с любыми важными событиями в этой области и осуществлять вза- имное сотрудничество. 20.1. Для обеспечения постоянной охраны культурного наследия необходимо распростра- нение опыта и знаний, особенно утрачиваемых знаний, связанных с культурным насле- дием, путем подготовки кадров, обмена сотрудниками, проведения исследований и издания технических публикаций. Исходя из этого они подтверждают свое стремление содейство- вать двусторонним и многосторонним обменам обучающимися кадрами и специалистами. 20.2. Государствам-участникам следует предложить соответствующим профессиональным организациям составить национальный реестр высококвалифицированных специалистов, знакомых с вопросами охраны и сохранения культурного наследия, и облегчать контакты таких лиц с потребителями их услуг как на национальном, так и на международном уровнях.
21. Государства-участники будут обмениваться данными о принимаемых ими мерах в обла- сти культурного наследия, в частности в отношении методов, средств и возможностей, обе- спечиваемых новыми технологиями.
22. Государства-участники будут стремиться обмениваться своими знаниями и опытом в области издания и распространения печатных и аудиовизуальных материалов. 22.1. В целях расширения осведомленности общественности о важности сохранения куль- турного наследия государства-участники будут предоставлять данные, которые помогут радио- и телестанциям, а также прессе распространять информацию в этой области.
23. Они будут делать все возможное для улучшения условий хранения уязвимых материа- лов культуры, таких, как бумага, кинопленка и запатентованные звуковые материалы, для разработки национальных программ сохранения уязвимого культурного наследия и уста- новления общеприемлемых норм для всех видов носителей информации о культуре, с тем, чтобы обеспечить сохранность таких материалов культуры.
24. Государства-участники будут поощрять установление связей между центрами инфор- мации и банками данных в областях культуры, с тем, чтобы облегчить обмен информа- цией между ними.
25. С целью лучшего понимания культурных ценностей тех стран, языки которых менее широко используются, государства-участники будут поощрять распространение знаний об этих языках и обучение им, в частности путем перевода и издания литературных произве- дений этих стран. Следует также рассмотреть вопрос об организации международных кур- сов подготовки сотрудников средств массовой информации и кадров в области культуры, которые могут способствовать лучшему пониманию менее широко используемых языков и менее широко известных культур.
26. Признавая важный вклад религиозных культов, институтов и организаций в создание культурного наследия, государства-участники будут тесно сотрудничать с ними в области сохранения культурного наследия и уделять должное внимание памятникам и объектам религиозного происхождения, чьи местные общины их больше не используют или больше не существуют в данном районе.
83 Краков, 1991 г
27. Учитывая важную роль, которую региональные аспекты культуры могут играть в форми- ровании связей между людьми за пределами национальных границ, государства-участники будут способствовать региональному сотрудничеству на уровне местных и национальных властей, а также неправительственных организаций с целью установления добрососед- ских отношений.
28. Государства-участники будут уделять должное внимание развитию наследия народных культур прошлого, включая коренные и местные культуры и содействовать развитию совре- менной народной культуры в рамках своих общих усилий в области сохранения, изучения и охраны культурного наследия и расширения взаимной осведомленности о нем. Государ- ства-участники отмечают важность исследования и необходимости развития различных форм проявления культур прошлого и настоящего: обычаи символического характера, тех- нические объекты и знания, народное искусство и языки.
29. Государства-участники будут также уделять внимание более поздним вкладам в куль- турное наследие (искусство, включая архитектурные произведения, 20 века).
30. Государства-участники будут сотрудничать в области предотвращения незаконного оборота произведений культуры, например, путем рассмотрения вопроса о присоедине- нии к соответствующим международным документам.
31. Государства-участники будут стремиться к сохранению и охране таких памятников и памятных мест, включая наиболее известные концентрационные лагеря, а также соответ- ствующие архивы, которые свидетельствуют о трагических событиях нашего общего про- шлого. Такие шаги необходимо предпринять с тем, чтобы эти события остались в памяти, способствовали ознакомлению с ними настоящих и будущих поколений и чтобы таким образом можно было гарантировать, что они никогда не повторятся.
32. Разъяснение значения вызывающих особые чувства памятных мест с учетом социаль- ного и культурного разнообразия может служить в качестве важного средства формиро- вания терпимости и взаимопонимания между людьми.
33. Государства-участники признают, что при определении приоритетов сохранения необ- ходимо принимать во внимание как подлинные ценности культурного наследия, его отно- сительную степень разрушения, так и культурно-исторический аспект. В этой связи они будут стремиться там, где это целесообразно, содействовать использованию карт риска, обмену информацией и организации практикумов на местах, к работе которых весьма уместно также привлекать молодые поколения.
34. Государства-участники принимают во внимание тот факт, что сохранение статуса памят- ников и памятных мест, связанных с их историей и культурой, где бы они ни находились, представляет собой неотъемлемую часть общих усилий в рамках СБСЕ по сохранению общего культурного наследия.
35. Государства-участники считают, что необходимо принимать согласованные меры по защите общего культурного наследия от нанесения ему ущерба в результате вредного эко- логического воздействия. С этой целью они рассмотрят вопрос создания сетей или при- соединения к уже существующим сетям для сбора данных и координации исследований. Они будут стремиться координировать принятие политических решений и принимать кон- кретные меры к уменьшению влияния на общее культурное наследие загрязнения воздуха и других разрушающих его факторов.
84 Краков, 1991 г
36. В целях охраны культурных объектов в городской среде государства-участники при- мут меры для защиты архитектурных комплексов от последствий загрязнения в экологиче- ски уязвимых городах, восстановления, сохранения и обновления исторических городских центров, а также охраны и защиты объектов культуры от нанесения им ущерба в резуль- тате нарастающего потока туристов.
37. Государства-участники отмечают важность защиты ландшафтов культурного значения, особенно в селах и сельских районах, от чреватых опасностями изменений в структуре эко- номической деятельности и воздействия загрязнения с уделением особого внимания защите жилищ и целостных ансамблей повседневной среды обитания человека.
38. Учитывая вклад, который история естественной природы может внести в наше понима- ние современного мира и его развитие в будущем, государства-участники будут стремиться совершенствовать методы сохранения и разъяснения важности естественных историче- ских мест и коллекций.
39. Государства-участники отмечают важность охраны общественных и частных парков, а также исторических садов как плодов труда человека и природы по соображениям их исто- рической, ботанической и социальной важности, в том числе их декоративных и архитек- турных отличительных особенностей.
40. Государства-участники будут стремиться охранять и защищать археологические объекты, находящиеся на их территории, в том числе под водой. Они будут учитывать этот аспект при проведении мероприятий в целях регионального развития, которые, по всей вероят- ности, могут угрожать объектам, которые еще не были исследованы наукой, обнаружены археологическими раскопками или восстановлены. 41. Они подчеркивают необходимость в координации мероприятий международных организаций и учреждений, таких, как Совет Европы и ЮНЕСКО, в целях оказания содействия всестороннему развитию культурного сотрудничества между государствами-участниками. Принимая во внимание необходимость избегать дублирования усилий, государства-участники будут тесно сотрудничать с компе- тентными международными организациями, членами которых они являются. (…)
85 Доклад совещания экспертов СБСЕ по вопросам национальных меньшинств Женева, 1991 г.
(…)
На основе соответствующих положений Парижской хартии представители государств-участ- ников провели углубленное обсуждение вопросов национальных меньшинств и прав лиц, принадлежащих к ним, которые отражают разнообразие ситуаций и правовых, историче- ских, политических и экономических условий. Они обменялись мнениями о практическом опыте в области национальных меньшинств, в частности о национальном законодательстве, демократических институтах, международных инструментах и других возможных формах сотрудничества. Были высказаны мнения о выполнении соответствующих обязательств по СБСЕ, и представителями государств-участников были также рассмотрены возможно- сти совершенствования соответствующих стандартов. Они также обсудили новые меры, направленные на улучшение выполнения указанных выше обязательств.
На рассмотрение Совещания был представлен ряд предложений, и после их обсуждения представители государств-участников приняли настоящий доклад.
Текст доклада женевского Совещания экспертов по вопросам национальных меньшинств будет опубликован в каждом государстве-участнике, которое распространит его и обеспе- чит возможно более широкое ознакомление с ним.
Представители государств-участников отмечают, что в соответствии с Парижской хартией для новой Европы Совет примет во внимание итоги работы Совещания.
I.
Признавая, что соблюдение и полное осуществление ими прав человека и основных сво- бод, включая права и свободы лиц, принадлежащих к национальным меньшинствам, явля- ется основой новой Европы,
вновь подтверждая свою глубокую убежденность в том, что дружественные отношения между их народами, а также мир, справедливость, стабильность и демократия требуют того, чтобы этническая, культурная, языковая и религиозная самобытность национальных меньшинств была защищена, и чтобы создавались условия для поощрения этой самобыт- ности, будучи убеждены, что демократия в государствах, в которых имеются национальные меньшинства, требует того, чтобы все лица, включая лица, принадлежащие к националь- ным меньшинствам, полностью и эффективно на основе равенства пользовались правами и основными свободами и преимуществами, обеспечиваемыми верховенством закона и демократическими институтами,
86 Женева, 1991 г
сознавая разнообразие ситуаций и конституционных систем в их странах и, следовательно, признавая существование различных подходов к выполнению обязательств по СБСЕ в отно- шении национальных меньшинств,
учитывая важность осуществления усилий для решения вопросов национальных мень- шинств, особенно в областях, в которых демократические институты еще консолидиру- ются, а вопросы, касающиеся национальных меньшинств, вызывают особую озабоченность,
сознавая, что национальные меньшинства составляют неотъемлемую часть общества госу- дарств, в которых они живут, и что они являются фактором обогащения каждого соответ- ствующего государства и общества,
подтверждая необходимость уважения и полного и справедливого выполнения своих обя- зательств в области прав человека и основных свобод, содержащихся в международных инструментах, участниками которых они могут являться,
вновь подтверждая свою твердую решимость соблюдать и в полной мере выполнять все свои обязательства, касающиеся национальных меньшинств и принадлежащих к ним лиц, в соответствии с хельсинкским Заключительным актом, мадридским Итоговым документом и венским Итоговым документом, Документом Копенгагенского совещания Конференции по человеческому измерению СБСЕ, Документом Краковского симпозиума по культурному наследию, а также Парижской хартией для новой Европы, государства-участники представ- ляют ниже краткое изложение сделанных ими выводов.
В качестве фундаментальной основы своей работы представители государств-участников взяли обязательства, принятые ими в отношении национальных меньшинств, которые содержатся в соответствующих документах, принятых СБСЕ, в частности обязательства по Парижской хартии для новой Европы и Документу Копенгагенского совещания Конфе- ренции по человеческому измерению СБСЕ, которые они полностью вновь подтверждают.
II.
Государства-участники подчеркивают необходимость дальнейшего тщательного обзора выполнения их обязательств по СБСЕ в отношении лиц, принадлежащих к националь- ным меньшинствам.
Они подчеркивают, что права человека и основные свободы составляют основу защиты и поощрения прав лиц, принадлежащих к национальным меньшинствам. Они признают далее, что вопросы, относящихся к национальным меньшинствам, могут быть удовлетво- рительным образом решены только в демократических политических рамках, основанных на верховенстве закона, в условиях функционирования независимой судебной системы. Эти рамки гарантируют полное уважение прав человека и основных свобод, равные права и положение всех граждан, включая лиц, принадлежащих к национальным меньшинствам, свободное выражение всех их законных интересов и чаяний, политический плюрализм, социальную терпимость и выполнение правовых норм, ставящих эффективные препят- ствия на пути злоупотребления государственной властью.
Вопросы, касающиеся национальных меньшинств, а также соблюдение обязательств по международному праву и международных обязательств в отношении прав принадлежащих к ним лиц, являются вопросами, вызывающими законную международную озабоченность
87 Женева, 1991 г
и, следовательно, не являются исключительно внутренним делом соответствующего госу- дарства.
Они отмечают, что не все этнические, культурные, языковые или религиозные различия обязательно ведут к возникновению национальных меньшинств.
III.
Уважая право лиц, принадлежащих к национальным меньшинствам, на эффективное уча- стие в государственных делах, государства-участники считают, что в тех случаях, когда вопросы, касающиеся положения национальных меньшинств, обсуждаются в их странах, им самим следует предоставлять возможность эффективно участвовать в этом процессе в соответствии с процедурами принятия решений каждого государства. Они считают далее, что важным элементом эффективного участия в государственных делах является соответ- ствующее демократическое участие лиц, принадлежащих к национальным меньшинствам, или их представителей в работе директивных или консультативных органов.
Они считают, что должны быть предприняты специальные усилия с целью решения кон- кретных проблем конструктивным образом и на основе диалога посредством переговоров и консультаций, с тем, чтобы улучшить положение лиц, принадлежащих к национальным меньшинствам. Они признают, что содействие диалогу между государствами и между госу- дарствами и лицами, принадлежащими к национальным меньшинствам, окажется наиболее успешным при наличии свободного потока информации и идей между всеми сторонами. Они поощряют односторонние, двусторонние и многосторонние усилия правительств по изучению возможностей повышения эффективности выполнения ими обязательств по СБСЕ, касающихся национальных меньшинств.
Государства-участники считают далее, что уважение прав человека и основных свобод должно осуществляться на недискриминационной основе в рамках всего общества. На территориях, населенных в основном лицами, принадлежащими к национальному мень- шинству, будут равным образом защищены права человека и основные свободы лиц, принадлежащих к этому меньшинству, лиц, принадлежащих к большинству населения соответствующего государства, и лиц, принадлежащих к другим национальным меньшин- ствам, проживающим на этих территориях.
Они подтверждают, что лица, принадлежащие к национальным меньшинствам, имеют право свободно выражать, сохранять и развивать свою этническую, культурную, языковую или религиозную самобытность и поддерживать и развивать свою культуру во всех ее аспек- тах, не подвергаясь каким-либо попыткам ассимиляции вопреки их воле.
Они будут разрешать компетентным органам информировать Бюро по свободным выборам о всех запланированных выборах в государственные органы на их территориях, включая выборы, проводимые на более низком, чем общенациональный, уровне. Государства-участ- ники будут благоприятно рассматривать, насколько это допускается законом, присутствие наблюдателей на выборах, проводимых на более низком, чем общенациональный, уровне, включая выборы на территориях, населенных национальными меньшинствами, и будут стремиться облегчать им доступ.
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IV.
Государства-участники будут создавать условия для обеспечения равной возможности лицам, принадлежащим к национальным меньшинствам, эффективно участвовать в госу- дарственной жизни, экономической деятельности и развитии их обществ.
В соответствии с пунктом 31 Копенгагенского документа государства-участники примут необходимые меры для предотвращения дискриминации в отношении отдельных лиц, особенно в том, что касается занятости, жилья и образования, по причине принадлежно- сти или непринадлежности к какому-либо национальному меньшинству. В этом контексте они обеспечат возможность, если они еще не сделали этого, для использования эффектив- ных средств правовой защиты отдельными лицами, подвергшихся дискриминационному обращению по причине их принадлежности или непринадлежности к какому-либо наци- ональному меньшинству, включая предоставление конкретным жертвам дискриминации широкого круга административных и судебных средств правовой защиты.
Государства-участники убеждены, что сохранение ценностей и культурного наследия наци- ональных меньшинств требует участия лиц, принадлежащих к таким меньшинствам, и что терпимость и уважение различных культур имеют в этой связи важнейшее значение. С уче- том этого они подтверждают важность воздерживаться от создания препятствий в обла- сти производства культурных материалов, касающихся национальных меньшинств, в том числе лицами, принадлежащими к ним.
Государства-участники подтверждают, что лица, принадлежащие к национальным мень- шинствам, будут иметь такие же права и такие же обязанности граждан, как и остальная часть населения.
Государства-участники вновь подтверждают важность принятия, там где это необходимо, специальных мер с целью обеспечения лицам, принадлежащим к национальным меньшин- ствам, полного равенства с другими гражданами в осуществлении и использовании прав человека и основных свобод. Они напоминают далее о необходимости принятия необхо- димых мер для защиты этнической, культурной, языковой и религиозной самобытности национальных меньшинств на их территории и создания условий для поощрения такой самобытности; любые подобные меры будут приниматься в соответствии с принципами равенства и недискриминации в отношении других граждан соответствующего государ- ства-участника.
Они признают, что такие меры, учитывающие, в частности, исторические и территори- альные условия национальных меньшинств, особенно важны там, где демократические институты еще консолидируются, а вопросы национальных меньшинств вызывают осо- бую озабоченность.
Учитывая разнообразие и различие своих конституционных систем, в результате чего использование одного какого-либо общего подхода не является обязательным, государ- ства-участники отмечают с интересом, что некоторыми из них достигнуты соответствую- щим демократическим путем положительные результаты посредством, в частности, • консультативных и директивных органов, в которых представлены меньшинства, в част- ности, в том, что касается образования, культуры и религии; • выборных органов и ассамблей по делам национальных меньшинств;
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• местных и автономных органов управления, а также автономии на территориальной основе, включая существование консультативных, законодательных и исполнительных органов, избираемых на основе свободных и периодических выборов; • самоуправления национального меньшинства в тех аспектах, которые касаются его само- бытности, в ситуациях, когда не существует автономии на территориальной основе; • децентрализованных или местных форм правления; • двусторонних и многосторонних соглашений и других договоренностей, касающихся национальных меньшинств; • предоставления лицам, принадлежащим к национальным меньшинствам, доступа к соот- ветствующим видам и уровням обучения на их родном языке с уделением должного вни- мания численности, географическим структурам расселения и культурным традициям национальных меньшинств; • финансирования преподавания языков меньшинств широкой общественности, а также включения языков меньшинств в программы педагогических учебных заведений, в част- ности в районах, населенных лицами, принадлежащими к национальным меньшинствам; • в тех случаях, когда обучение по какой-либо конкретной дисциплине не может быть обе- спечено на их территории на всех уровнях на языке меньшинств, путем принятия необ- ходимых мер для определения способов признания дипломов, выданных за границей по завершении обучения на этом языке; • создания государственных исследовательских учреждений для рассмотрения законода- тельства и распространения информации, касающейся равных прав и недискриминации; • предоставления финансовой и технической помощи лицам, принадлежащим к нацио- нальным меньшинствам, которые желают этого, для осуществления их права на создание и поддержание своих собственных образовательных, культурных и религиозных учреж- дений, организаций или ассоциаций; • государственной помощи для преодоления местных трудностей, связанных с дискри- минационной практикой (например, служба взаимоотношений между гражданами); • поощрения усилий по установлению межобщинных отношений на низовом уровне между общинами меньшинств, между общинами большинства населения и меньшинств, и между соседними общинами в приграничных районах с целью содействия предотвращению воз- никновения напряженности на местах и мирного урегулирования конфликтов в случае их возникновения; и • поощрения создания постоянных смешанных комиссий, либо межгосударственных, либо региональных, с целью поддержки постоянного диалога между соответствующими при- граничными районами.
Государства-участники считают, что эти и другие подходы, индивдуально или в сочета- нии, могли бы содействовать улучшению положения национальных меньшинств на их территориях.
V.
Государства-участники уважают право лиц, принадлежащих к национальным мень- шинствам, осуществлять свои права и пользоваться ими на индивидуальной основе или совместно с другими гражданами, создавать и поддерживать организации и ассоциации в пределах своей страны и участвовать в деятельности международных неправительствен- ных организаций.
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Государства-участники вновь подтверждают право лиц, принадлежащих к националь- ным меньшинствам, создавать и поддерживать свои собственные образовательные, куль- турные и религиозные учреждения, организации и ассоциации и не будут препятствовать осуществлению этого права.
В этой связи они признают ту жизненно важную роль, которую играют отдельные лица, неправительственные организации и религиозные и другие группы в деле оказания содей- ствия взаимопониманию между различными культурами и улучшения отношений на всех уровнях общества, а также через международные границы.
Они считают, что непосредственные наблюдения и опыт таких организаций, групп и отдель- ных лиц могут оказаться весьма полезными для поощрения выполнения обязательств по СБСЕ, касающихся лиц, принадлежащих к национальным меньшинствам. Поэтому они будут поддерживать работу таких организаций, групп и отдельных лиц, не будут препят- ствовать ей и будут приветствовать их вклады в этой области.
VI.
Государства-участники, будучи обеспокоены ростом числа проявлений расовой, этнической и религиозной ненависти, антисемитизма, ксенофобии и дискриминации, подчеркивают свою решимость неизменно осуждать такие проявления в отношении кого бы то ни было.
В этом контексте они вновь заявляют о своем признании особых проблем роман (цыган). Они готовы принять эффективные меры для достижения полного равенства возможно- стей между лицами, принадлежащими к романам, обычно проживающим в их государстве, и остальным населением. Они будут также поощрять исследования и изыскания, касаю- щиеся роман и тех особых проблем, с которыми они сталкиваются.
Они будут принимать эффективные меры для поощрения терпимости, взаимопонимания и равенства возможностей, и добрых взаимоотношений между имеющими различное про- исхождение отдельными лицами в пределах их страны.
Государства-участники будут также принимать эффективные меры, включая принятие, в соответствии с их конституционным правом и их международными обязательствами, если они еще не сделали этого, законов, которые запрещали бы акты, представляющие собой подстрекательство к насилию, основанному на национальной, расовой, этнической или религиозной дискриминации, враждебности или ненависти, включая антисемитизм, проводить политику, направленную на обеспечение соблюдения таких законов.
Кроме того, с целью более полного осознания общественностью предрассудков и ненависти, совершенствования соблюдения законов о преступлениях, связанных с ненавистью, а также с целью осуществления иных дальнейших усилий по преодолению ненависти и предрассуд- ков в обществе, они будут прилагать усилия с целью сбора, издания на регулярной основе и предоставления в распоряжение общественности данных о преступлениях на своих соот- ветствующих территориях, в основе которых лежат предрассудки в отношении расы, этни- ческого происхождения или религии, включая руководящие принципы, используемые для сбора таких данных. Эти данные не должны содержать информации о конкретных лицах.
Они будут консультироваться и обмениваться мнениями и информацией на международ- ном уровне, в том числе на будущих совещаниях СБСЕ, о преступлениях, которые свиде- тельствуют о наличии предрассудков и ненависти.
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VII.
Будучи убеждены, что для защиты прав лиц, принадлежащих к национальным мень- шинствам, необходим свободный поток информации и обмен идеями, государства-участ- ники подчеркивают значение общения между лицами, принадлежащими к национальным меньшинствам, без вмешательства со стороны государственных властей и независимо от государственных границ. Осуществление таких прав может подвергаться лишь тем ограни- чениям, которые предусмотрены по закону и соответствуют международным стандартам. Они вновь подтверждают, что ни одно лицо, принадлежащее к национальному меньшин- ству, не будет подвергнуто уголовным или административным санкциям, только лишь в силу своей принадлежности к такому меньшинству, за контакты в его/ее собственной стране или за ее пределами.
В области доступа к средствам информации они не будут проводить дискриминацию в отно- шении кого-либо на основании этнической, культурной, языковой или религиозной при- надлежности. Они будут предоставлять информацию, которая будет помогать электронным средствам массовой информации учитывать в своих программах этническую, культурную, языковую и религиозную самобытность национальных меньшинств.
Они вновь подтверждают, что установление и поддержание беспрепятственных контактов между лицами, принадлежащими к национальному меньшинству, а также контактов через границы лицами, принадлежащими к национальному меньшинству, с лицами, с которыми они имеют общее этническое или национальное происхождение, культурное наследие или религиозные верования, способствуют взаимопониманию и содействуют добрососедским отношениям.
Поэтому они будут поощрять договоренности о трансграничном сотрудничестве на наци- ональном, региональном и местном уровне, в частности, по вопросам пересечения границ местными жителями, сохранения и посещения культурных и исторических памятников и мест, туризма, улучшения транспортного сообщения, экономики, молодежных обменов, защиты окружающей среды и создания региональных комиссий.
Они также будут поощрять создание неофициальных рабочих структур (например, семи- наров, комитетов, как в рамках государств-участников, так и между государствами-участ- никами) там, где проживают национальные меньшинства, для обсуждения, обмена опытом и представления предложений по вопросам, касающимся национальных меньшинств.
С целью улучшения своей информации о фактическом положении национальных мень- шинств государства-участники будут на добровольной основе направлять через Секре- тариат СБСЕ информацию другим государствам-участникам о фактическом положении национальных меньшинств на их соответствующих территориях, а также заявления по вопросам национальной политики в этом отношении.
Государства-участники сдадут на хранение в Секретариат СБСЕ экземпляры вкладов, сде- ланных в ходе пленарных заседаний Совещания экспертов СБСЕ по вопросам националь- ных меньшинств, которые они хотят сделать доступными для общественности.
VIII.
Государства-участники приветствуют положительный вклад, сделанный представителями Организации Объединенных Наций и Совета Европы, в работу женевского Совещания
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экспертов по вопросам национальных меньшинств. Они отмечают, что работа и деятель- ность этих организаций будут и далее учитываться в процессе рассмотрения вопросов национальных меньшинств в рамках СБСЕ.
Государства-участники отмечают возможность использования соответствующих меха- низмов СБСЕ при решении вопросов, связанных с национальными меньшинствами. Они также рекомендуют рассмотреть вопрос о расширении механизма человеческого измере- ния на третьем совещании Конференции по человеческому измерению СБСЕ. Они будут поощрять участие отдельных лиц в защите их прав, включая права лиц, принадлежащих к национальным меньшинствам.
В заключение представители государств-участников просят Исполнительного секретаря Совещания передать настоящий доклад третьему совещанию Конференции по человече- скому измерению СБСЕ. (…)
93 Документ московского совещания Конференции по человеческому измерению СБСЕ Москва, 1991 г.
(…)
Государства-участники вновь заявляют о своей приверженности полному осуществлению всех принципов и положений Заключительного акта Совещания по безопасности и сотруд- ничеству в Европе, Парижской хартии для новой Европы и других документов СБСЕ, отно- сящихся к человеческому измерению, включая, в частности, Документ Копенгагенского совещания Конференции по человеческому измерению СБСЕ, и полны решимости достичь еще большего прогресса в осуществлении этих положений, поскольку полное уважение прав человека и основных свобод и развитие обществ, основанных на плюралистической демократии и верховенстве закона, является необходимым условием для создания стабиль- ной обстановки прочного мира, безопасности, справедливости и сотрудничества в Европе.
В этом контексте государства-участники подчеркнули, что в соответствии с Заключитель- ным актом Совещания по безопасности и сотрудничеству в Европе и Парижской хартией для новой Европы равноправие народов и их право на самоопределение должны уважаться согласно Уставу Организации Объединенных Наций и соответствующим нормам между- народного права, включая нормы, касающиеся территориальной целостности государств.
На Московском совещании государства-участники высказали свои точки зрения по вопросу выполнения обязательств в области человеческого измерения. Они выразили мнение, что после Копенгагенского совещания наблюдалось дальнейшее существенное улучшение поло- жения с выполнением обязательств, содержащихся в соответствующих положениях доку- ментов СБСЕ. Они также выразили мнение, что, несмотря на достигнутый значительный прогресс, по прежнему существуют серьезные угрозы для принципов положений СБСЕ и происходят их нарушения, что заставляет трезво оценивать общую обстановку в Европе. В частности, они выразили сожаление по поводу актов дискриминации, враждебности и насилия против лиц или групп по национальному, этническому или религиозному при- знаку. В этой связи государства-участники выразили мнение, что для полной реализации своих обязательств, относящихся к человеческому измерению, по-прежнему необходимы неослабные усилия, которым в значительной мере должны способствовать происшедшие глубокие политические изменения.
Государства-участники подчеркивают, что вопросы, касающиеся прав человека, основных свобод, демократии и верховенства закона, носят международный характер, поскольку соблюдение этих прав и свобод составляет одну из основ международного порядка. Они категорически и окончательно заявляют, что обязательства, принятые ими в области чело- веческого измерения СБСЕ, являются вопросами, представляющими непосредственный и законный интерес для всех государств-участников и не относятся к числу исключи- тельно внутренних дел соответствующего государства. Они заявляют о своей решимости
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выполнять все свои обязательства в области человеческого измерения и решать мирными средствами, индивидуально или совместно, любые связанные с ними вопросы на основе взаимного уважения и сотрудничества. В этом контексте они признают, что активное уча- стие отдельных лиц, групп, организаций и учреждений исключительно важно для обеспе- чения постоянного продвижения в этом направлении.
Государства-участники выражают свою коллективную решимость и далее охранять права человека и основные свободы и укреплять демократические достижения на своих террито- риях. Они также признают настоятельную необходимость повысить эффективность СБСЕ при рассмотрении проблем прав человека, возникающих на их территориях в настоящий период, характеризующийся глубокими преобразованиями в Европе.
С целью укрепления и расширения механизма человеческого измерения, изложенного в разделе венского Итогового документа, посвященном человеческому измерению СБСЕ, а также развития и углубления обязательств, содержащихся в Документе Копенгагенского совещания Конференции по человеческому измерению СБСЕ, государства-участники при- нимают следующее:
I
(1) Государства-участники подчеркивают, что механизм человеческого измерения, изло- женный в пунктах 1–4 посвященного человеческому измерению СБСЕ раздела венского Итогового документа, является важным достижением процесса СБСЕ, доказавшим свою ценность как средства обеспечения большего уважения прав человека, основных свобод, демократии и верховенства закона путем диалога и сотрудничества, а также содействия решению конкретных относящихся к этой области вопросов. В целях дальнейшего улуч- шения выполнения обязательств СБСЕ в области человеческого измерения они постано- вляют повысить эффективность этого механизма, а также укрепить и расширить его таким образом, как это изложено в следующих пунктах.
(2) Государства-участники вносят изменения в пункты 42.1 и 42.2 Документа Копенгаген- ского совещания в отношении того, что они будут давать в возможно короткий срок, но не позднее чем через десять дней, письменный ответ на запросы об информации и пред- ставления, с которыми к ним в письменном виде обратятся другие государства-участники согласно пункту 1 механизма человеческого измерения. Двусторонние встречи, о которых говорится в пункте 2 механизма человеческого измерения, проводятся, по возможности, в кратчайшие сроки, как правило, в течение недели после получения запроса.
(3) В институте СБСЕ* без задержек будет составлен список кандидатов, включающий до трех экспертов от каждого государства-участника. В качестве экспертов должны высту- пать известные специалисты, желательно имеющие опыт в области человеческого измере- ния, которые могли бы беспристрастно выполнять свои функции.
Эксперты назначаются на срок от трех до шести лет по усмотрению назначающего государ- ства, при этом ни один эксперт не может выполнять свои функции более двух сроков под- ряд. В течение четырех недель после уведомления институтом СБСЕ о назначении любое государство-участник может сделать оговорки в отношении не более чем двух экспертов, подлежащих назначению другим государством-участником. В этом случае назначающее государство может в течение четырех недель с момента уведомления об этих оговорках
* Решение относительно такого института будет принято Советом.
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пересмотреть свое решение и назначить другого эксперта или экспертов; если же оно под- твердит первоначально намеченное назначение, то соответствующий эксперт не может при- нимать участие в каких-либо процедурах в отношении сделавшего оговорку государства без прямого согласия такого государства.
Использование списка кандидатов начинается после назначения 45 экспертов.
(4) Государство-участник может воспользоваться помощью миссии СБСЕ в составе до трех экспертов для рассмотрения или содействия решению на его территории вопросов, отно- сящихся к человеческому измерению СБСЕ. В этом случае государство выбирает из спи- ска кандидатов соответствующее лицо или лиц. В миссию экспертов не могут включаться собственные граждане или резиденты этого государства-участника, любые предложенные им в список кандидатов лица или же более одного гражданина или резидента любого кон- кретного государства.
Приглашающее государство без задержек информирует институт СБСЕ об образовании миссии экспертов, который в свою очередь уведомляет все государства-участники. Инсти- туты СБСЕ в необходимых случаях также оказывают такой миссии надлежащую поддержку.
(5) Целью миссии экспертов является содействие решению конкретного вопроса или про- блемы, относящихся к человеческому измерению СБСЕ. Такая миссия 122 Обязательства ОБСЕ в области человеческого измерения Москва 1991 г. может собирать информацию, необходимую для выполнения ее задач, и в надлежащих случаях использовать добрые и посреднические услуги для содействия диалогу и сотрудничеству между заинтересован- ными сторонами.
Соответствующее государство четко согласовывает с миссией ее полномочия и таким обра- зом может возлагать на миссию экспертов выполнение любых дополнительных функций, в частности установление фактов и консультативное обслуживание, в целях рекомендации путей и средств содействия соблюдению обязательств СБСЕ.
(6) Приглашающее государство в полной мере сотрудничает с миссией экспертов и облегчает ее работу. Оно создает для миссии все необходимые условия для независимого осуществле- ния ею своих функций. Оно, в частности, без задержек предоставляет миссии для выполне- ния ею своих задач возможность въехать на свою территорию, проводить там обсуждения и свободно передвигаться по ней, беспрепятственно встречаться с должностными лицами, неправительственными организациями и любыми группами или лицами, от которых она захочет получить информацию. Миссия может также конфиденциально получать инфор- мацию от любого лица, группы или организации по рассматриваемым ею вопросам. Члены такой миссии соблюдают конфиденциальный характер своей задачи.
Государства-участники воздерживаются от любых действий против лиц, организаций или институтов из-за их контактов с миссией экспертов или любой переданной ей открытой информации. Приглашающее государство выполняет любые просьбы миссии экспертов относительно сопровождения ее должностными лицами этого государства, если миссия сочтет это необходимым для облегчения своей работы или обеспечения своей безопасности.
(7) Миссия экспертов как можно скорее представляет свои соображения приглашающему государству, желательно в течение трех недель после образования миссии. Приглашающее государство направляет соображения миссии наряду с изложением любых мер, которые оно
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приняло или намеревается принять по этому вопросу, другим государствам-участникам через институт СБСЕ не позднее чем через три недели после представления соображений.
Эти соображения и любые замечания приглашающего государства могут обсуждаться Комитетом старших должностных лиц, который может рассмотреть вопрос о любых воз- можных последующих мерах.
Конфиденциальный характер соображений и замечаний сохраняется до тех пор, пока они не будут доведены до сведения старших должностных лиц. До распространения соображений и любых замечаний, по тому же вопросу не может быть назначена другая миссия экспертов.
(8) Кроме того, одно или несколько государств-участников, осуществившие пункты 1 или 2 механизма человеческого измерения, могут запросить институт СБСЕ выяснить у другого государства-участника, согласно ли оно пригласить миссию экспертов для рассмотрения на своей территории конкретного четко определенного вопроса, относящегося к человече- скому измерению СБСЕ. Если другое государство-участник соглашается пригласить мис- сию экспертов для указанной цели, то применяется процедура, изложенная в пунктах 4–7.
(9) Если какое-либо государство-участник (а) направило запрос в соответствии с пунктом 8 другому государству-участнику и это государство не образовало миссию экспертов в тече- ние десяти дней после поступления запроса или (b) считает, что рассматриваемый вопрос не был разрешен в результате направления миссии экспертов, оно может при поддержке не менее пяти других государств-участников приступить к формированию миссии в составе до трех докладчиков СБСЕ. Такое решение направляется институту СБСЕ, который без задер- жек уведомляет соответствующее государство, а также все другие государства-участники.
(10) Запрашивающее государство или государства могут назначить одного человека из спи- ска кандидатов для выполнения функции докладчика СБСЕ. Запрашиваемое государство может, если оно примет такое решение в течение шести дней после уведомления институтом СБСЕ о назначении докладчика, назначить из списка кандидатов еще одного докладчика. В этом случае оба назначенных докладчика, которые не могут быть гражданами или рези- дентами любого из соответствующих государств, а также лицами, предложенными этими государствами в список кандидатов, по общему согласию без задержек назначают из спи- ска кандидатов третьего докладчика. Если в течение восьми дней они не достигнут согла- сия, третий докладчик, который не может быть гражданином или резидентом любого из соответствующих государств или предложенным ими в список кандидатов лицом, назна- чается из списка кандидатов высшим должностным лицом органа СБСЕ, назначенного Советом. Положения второй части пункта 4 и всего пункта 6 применяются также к мис- сии докладчиков.
(11) Докладчик(и) СБСЕ устанавливают факты, составляют по ним доклад и могут давать рекомендации относительно возможных решений поднятого вопроса. Доклад докладчика (докладчиков), содержащий изложение фактов, предложения или рекомендации, представ- ляется соответствующему государству-участнику или соответствующим государствам-у- частникам и, если все соответствующие государства не договорятся об ином, институту СБСЕ не позднее чем через три недели после назначения последнего докладчика. Запра- шиваемое государство представляет институту СБСЕ любые соображения по докладу, если все соответствующие государства не договорятся об ином, не позднее чем через три недели после его представления.
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Институт СБСЕ без задержек направляет доклад, а также любые соображения запрашива- емого или любого другого государства-участника всем государствам-участникам. Вопрос о докладе может быть включен в повестку дня следующего очередного заседания Коми- тета старших должностных лиц, который может принять решение о любых возможных последующих действиях. Конфиденциальный характер доклада сохраняется до заверше- ния этого заседания Комитета. До распространения доклада, по тому же вопросу не может быть назначено других докладчиков.
(12) Если какое-либо государство-участник сочтет, что в другом государстве-участнике выполнение положений, относящихся к человеческому измерению СБСЕ, находится под особо серьезной угрозой, оно может при поддержке не менее девяти других государств-у- частников использовать процедуру, установленную в пункте 10. В этом случае будут при- меняться положения пункта 11.
(13) По просьбе любого государства-участника Комитет старших должностных лиц может постановить образовать миссию экспертов или докладчиков СБСЕ. В этом случае Коми- тет также определяет, будут ли применяться соответствующие положения предшествую- щих пунктов.
(14) Государство-участник или государства-участники, обратившиеся с просьбой об обра- зовании миссии экспертов или докладчиков, оплачивают расходы этой миссии. В случае назначения экспертов или докладчиков во исполнение решения Комитета старших долж- ностных лиц расходы оплачиваются государствами-участниками в соответствии с обычной шкалой распределения расходов. Обзор этих процедур будет произведен на Хельсинкской встрече в рамках дальнейших шагов СБСЕ.
(15) Ничто из вышеизложенного никоим образом не затрагивает права государств-участ- ников поднимать в рамках процесса СБСЕ любые вопросы, относящиеся к выполнению любых обязательств СБСЕ, в том числе любых обязательств, относящихся к человеческому измерению СБСЕ.
(16) При рассмотрении вопроса о применении изложенных в пунктах 9 и 10 или 12 проце- дур в отношении какого-либо лица государства-участники должны надлежащим образом выяснить, не рассматривается ли уже дело такого лица в рамках какой-либо международ- ной судебной процедуры.
Любые ссылки на деятельность Комитета старших должностных лиц в настоящем доку- менте должны быть утверждены решением этого Комитета и Совета.
II
(17) Государства-участники (17.1) безоговорочно осуждают силы, стремящиеся захватить власть у представительного правительства в любом государстве-участнике вопреки воле народа, выраженной в ходе свободных и справедливых выборов, и в нарушение законно установленного конституци- онного строя; (17.2) в случае свержения или попытки свержения демократически избранного закон- ного правительства какого-либо государства-участника недемократическими средствами будут решительно поддерживать в соответствии с Уставом Организации Объединенных Наций законные органы этого государства, стоящие на страже прав человека, демократии
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и верховенства закона, признавая свои общие обязательства противодействовать любой попытке ограничить эти основополагающие ценности; (17.3) признают необходимость предпринять, индивидуально или совместно, дальнейшие мирные усилия, касающиеся прав человека, демократии и верховенства закона в контек- сте безопасности и сотрудничества в Европе, с целью придать демократическому прогрессу необратимый характер и не допустить каких-либо отступлений от стандартов, изложен- ных в принципах и положениях Заключительного акта, венского Итогового документа, Документа Копенгагенского совещания, Парижской хартии для новой Европы и настоя- щего документа.
(18) Государства-участники напоминают о своей приверженности верховенству закона, выраженной в Документе Копенгагенского совещания, и подтверждают свое стремление поддерживать и развивать принципы справедливости, образующие основу правового госу- дарства. В частности, они вновь подтверждают, что демократия является неотъемлемым элементом правового государства и что плюрализм имеет большое значение для деятель- ности политических организаций. (18.1) Законодательство будет разрабатываться и приниматься в результате открытого про- цесса, отражающего волю народа либо непосредственно, либо через избранных им пред- ставителей. (18.2) Каждый человек будет обладать эффективными средствами правовой защиты от адми- нистративных решений, с тем, чтобы гарантировалось уважение основных прав и обеспе- чивалось ненанесение ущерба правовой системе. (18.3) С этой же целью будут предусмотрены эффективные средства правовой защиты для лиц, понесших ущерб в результате действия административных положений. (18.4) Государства-участники будут стремиться обеспечить судебный контроль за такими положениями и решениями.
(19) Государства-участники (19.1) будут соблюдать международно признанные нормы, касающиеся независимости судей и юристов-практиков и беспристрастного функционирования государственной судебной службы, включая, в частности, Всеобщую декларацию прав человека и Международный пакт о гражданских и политических правах; (19.2) при осуществлении соответствующих норм и обязательств будут обеспечивать, чтобы независимость судебных органов была гарантирована и закреплена в конституции или зако- нодательстве страны и соблюдалась на практике, обращая особое внимание на Основные принципы независимости судебной системы, в которых, в частности, предусматривается: (i) запрещение неправомерного влияния на судей; (ii) недопущение пересмотра судебных решений административными органами, за исклю- чением прав компетентных властей в соответствии с законом уменьшать строгость при- говоров, вынесенных судьями, или смягчать их; (iii) защита свободы слова и ассоциаций сотрудников судебных органов с учетом лишь таких ограничений, которые совместимы с осуществлением ими своих функций; (iv) обеспечение того, чтобы судьи обладали надлежащей квалификацией и подготовкой и выбирались на недискриминационной основе; (v) обеспечение гарантии несменяемости и надлежащих условий службы, в том числе в вопросах продвижения по службе судей, где это применимо;
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(vi) соблюдение условий неприкосновенности; (vii) обеспечение того, чтобы дисциплинарные санкции, временное отстранение от долж- ности и увольнение судей осуществлялось в соответствии с законом.
(20) Для обеспечения независимости судебных органов государства-участники будут: (20.1) признавать важную роль, которую национальные и международные ассоциации судей и адвокатов могут сыграть в деле обеспечения большего уважения независимости своих членов, а также образования и профессиональной подготовки в вопросах роли судебных органов и юристов в обществе; (20.2) содействовать и способствовать диалогу, обменам и сотрудничеству между нацио- нальными ассоциациями и другими группами, заинтересованными в обеспечении уваже- ния независимости судебных органов и защиты адвокатов; (20.3) сотрудничать между собой, в частности путем диалога, контактов и обменов, с целью выявления проблемных областей в вопросах защиты независимости судей и юристов-прак- тиков и определения путей и средств рассмотрения и разрешения таких проблем; (20.4) сотрудничать на постоянной основе в таких областях, как образование и про- фессиональная подготовка судей и юристов-практиков, а также разработка и принятие законодательства, направленного на обеспечение большего уважения их независимости и беспристрастного функционирования государственной судебной службы.
(21) Государства-участники будут (21.1) принимать все необходимые меры для обеспечения того, чтобы сотрудники право- охранительных органов при наведении общественного порядка действовали в обществен- ных интересах, с учетом конкретных потребностей и законных целей, а также использовали соразмерные обстоятельствам методы и средства, не превышающие потребностей право- охранительных действий; (21.2) обеспечивать, чтобы правоохранительные действия подлежали судебному контролю, чтобы сотрудники правоохранительных органов несли ответственность за такие действия и чтобы жертвы действий, квалифицированных как нарушение вышеуказанных обяза- тельств, могли в соответствии с национальным правом требовать надлежащей компенсации.
(22) Государства-участники примут необходимые меры для обеспечения того, чтобы в курс подготовки сотрудников правоохранительных органов включались учебные предметы и информация относительно запрещения использования сотрудниками правоохранитель- ных органов чрезмерной силы, а также соответствующие международные и национальные кодексы поведения.
(23) Государства-участники будут обращаться со всеми лишенными свободы лицами гуманно и с уважением достоинства, присущего человеческой личности, и будут соблю- дать международно признанные стандарты, относящиеся к отправлению правосудия и пра- вам человека задержанных лиц. (23.1) Государства-участники будут обеспечивать, чтобы: (i) лицо могло быть лишено свободы лишь на таких основаниях и в соответствии с такими процедурами, какие установлены законом; (ii) любое лицо, подвергающееся аресту, было информировано без задержек на доступ- ном ему языке о причине его ареста и любых выдвигаемых против него обвинениях;
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(iii) любое лишенное свободы лицо было без задержек информировано о его правах в соот- ветствии с национальным законодательством; (iv) любое арестованное или задержанное лицо имело право без задержек предстать перед судьей или другим должностным лицом, правомочным определять законность его ареста или задержания, и чтобы в случае незаконного ареста оно было безотлага- тельно освобождено; (v) любое лицо, обвиненное в совершении уголовного преступления, имело право защи- щать себя самостоятельно или с помощью адвоката по его собственному выбору или в том случае, если это лицо не располагает достаточными средствами для оплаты услуг адвоката, чтобы эти услуги были предоставлены ему бесплатно, когда того требуют инте- ресы справедливости; (vi) любое арестованное или задержанное лицо имело право без неоправданных задер- жек уведомить или просить компетентный орган уведомить соответствующих лиц по его выбору о его аресте, задержании, тюремном заключении и месте нахождения; любые ограничения в осуществлении этого права будут устанавливаться законом и соответ- ствовать международным стандартам; (vii) были приняты, если этого еще не сделано, эффективные меры по обеспечению того, чтобы содержание под стражей или заключение не использовалось правоохранитель- ными органами в целях принуждения лица к признанию, самооговору или даче показа- ний против другого лица; (viii) продолжительность любого допроса и перерывов между допросами заносилась в протокол и удостоверялась в соответствии с национальным правом; (ix) задержанное лицо или его адвокат имели право заявить ходатайство или жалобу по поводу обращения с ним, в частности в случае пыток или другого жестокого, бесчеловеч- ного или унижающего достоинство обращения, в органы, ответственные за управление местом содержания под стражей, и в вышестоящие инстанции, а в случае необходимо- сти – соответствующему органу, обладающему надзорными или иными полномочиями по исправлению положения; (х) такое ходатайство или жалоба оперативно рассматривались и без необоснованной задержки на них давался ответ; в случае отклонения ходатайства или жалобы или в слу- чае неправомерной задержки заявитель будет иметь право обратиться с ней в судебный или другой орган; ни задержанное или находящееся в заключении лицо, ни любой дру- гой заявитель не должны пострадать в связи с обращением с ходатайством или жалобой; (xi) любое лицо, ставшее жертвой незаконного ареста или задержания, имело обеспечен- ное судебной защитой право требовать компенсации. (23.2) Государства-участники будут (i) стремиться принимать необходимые меры для улучшения условий, в которых нахо- дятся лица, содержащиеся под стражей или в заключении; (ii) обращать особое внимание на проблему альтернатив тюремному заключению.
(24) Государства-участники подтверждают право на охрану личной семейной жизни, жилища, тайны переписки и электронных сообщений. Во избежание любого неправо- мерного или произвольного вмешательства государства в жизнь индивидуума, что могло бы нанести ущерб любому демократическому обществу, осуществление этого права будет ограничиваться только в случаях, предусмотренных законом и совместимых с междуна- родно признанными стандартами в области прав человека. В частности, государства-у- частники обеспечат, чтобы обыски и аресты лиц, а также частных помещений и имущества
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производились лишь в соответствии с такими нормами, которые обеспечены судебной защитой.
(25) Государства-участники будут Обязательства ОБСЕ в области человеческого измере- ния 129 Москва 1991 г. (25.1) гарантировать, чтобы их вооруженные силы и военизированные формирования, службы внутренней безопасности и разведки, а также полиция находились под эффектив- ным управлением и контролем соответствующих гражданских властей; (25.2) поддерживать и, там где это необходимо, укреплять контроль исполнительной вла- сти за использованием вооруженных сил и военизированных формирований, а также за деятельностью служб внутренней безопасности, разведки и полиции; (25.3) принимать надлежащие меры для создания, где этого еще не сделано, и поддержа- ния эффективных механизмов надзора законодательной власти над всеми такими силами, службами и видами деятельности.
(26) Государства-участники вновь подтверждают право на свободу выражения своего мне- ния, включая право на общение и право средств информации собирать, передавать и распро- странять информацию, новости и мнения. Любые ограничения, касающиеся осуществления этого права, будут предусматриваться законом и соответствовать международным стандар- там. Они признают далее, что независимые средства информации являются важнейшим условием для свободного и открытого общества и ответственных за свои действия государ- ственных систем и играют особую роль в деле охраны прав человека и основных свобод. (26.1) Они считают, что средства печати и телерадиовещания на их территории должны иметь неограниченный доступ к иностранным источникам новостей и информационным службам. Общественность будет пользоваться аналогичной свободой получения и передачи информации и идей без вмешательства со стороны государственных властей, независимо от границ, в том числе через иностранные публикации и программы телерадиовещания. Любые ограничения в осуществлении этого права будут устанавливаться законом и соот- ветствовать международным стандартам. (26.2) Государства-участники не будут допускать дискриминации в отношении независи- мых средств информации, в том, что касается их доступа к информации, материалам и тех- ническим средствам.
(27) Государства-участники (27.1) выражают намерение сотрудничать в областях, относящихся к государственному, административному, торговому, гражданскому праву и праву социального обеспечения и в других соответствующих областях в целях развития правовых систем, основанных на уважении прав человека, верховенстве закона и демократии, особенно в тех государствах, где таких систем пока не существует; (27.2) в этих целях предусматривают продолжение и расширение двустороннего и мно- гостороннего сотрудничества в области права и управления, в том числе по следующим направлениям: • создание эффективной административной системы; • содействие в разработке законов и положений; • подготовка персонала в области управления и права; • обмен научными работами и периодическими изданиями в области права.
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(28) Государства-участники считают важным защищать права человека и основные сво- боды в условиях чрезвычайного положения, учитывать соответствующие положения Доку- мента Копенгагенского совещания и соблюдать международные конвенции, сторонами которых они являются. (28.1) Государства-участники подтверждают, что чрезвычайное положение оправдано лишь в исключительных и самых серьезных ситуациях в соответствии с международными обяза- тельствами этого государства и его обязательствами в рамках СБСЕ. Чрезвычайное поло- жение не может использоваться для свержения демократического конституционного строя и быть направленным на уничтожение международно признанных прав человека и основ- ных свобод. Если невозможно избежать применения силы, она должна применяться в раз- умных и в максимально возможной степени ограниченных пределах. (28.2) Чрезвычайное положение может быть объявлено лишь законным конституционным органом, наделенным соответствующими полномочиями. В тех случаях, когда решение о введении чрезвычайного положения может на законных основаниях приниматься орга- нами исполнительной власти, оно должно подлежать утверждению или контролю со сто- роны законодательного органа в кратчайшие сроки. (28.3) Решение о введении чрезвычайного положения должно быть объявлено официально, публично и в соответствии с положениями, закрепленными в законе. В этом решении, в тех случаях, когда это возможно, должны указываться территориальные рамки действия чрез- вычайного положения. Соответствующее государство без задержки будет предоставлять своим гражданам информацию о принятых мерах. Чрезвычайное положение отменяется как можно скорее и не может оставаться в силе дольше, чем это совершенно необходимо в конкретной ситуации. (28.4) Не допускается введение или продление чрезвычайного положения де-факто в нару- шение положений, закрепленных в законе. (28.5) Государства-участники стремятся обеспечить, чтобы в период действия чрезвычай- ного положения в максимально возможной степени гарантировалось нормальное функци- онирование законодательных органов. (28.6) Государства-участники подтверждают, что любые отступления от обязательств, каса- ющихся прав человека и основных свобод, в условиях чрезвычайного положения должны оставаться строго в рамках, предусмотренных международным правом, в частности обя- зательными для них соответствующими международными документами, в особенности в отношении прав, от которых не может быть отступлений. (28.7) Государства-участники будут стремиться воздерживаться от любых отступлений от тех обязательств, от которых, в соответствии с международными конвенциями, участ- никами которых они являются, такие отступления в условиях чрезвычайного положе- ния возможны. Меры в отступление от таких обязательств должны приниматься строго в соответствии с процессуальными требованиями, закрепленными в этих документах. Такие меры не будут ни ужесточаться, ни оставаться в силе дольше, чем это совершенно необходимо в конкретной ситуации; они по своему характеру являются исключительными мерами и должны толковаться и применяться ограничительно. Такие меры не будут при- водить к дискриминации исключительно по признаку расы, цвета кожи, пола, языка, рели- гии, социального происхождения или принадлежности к меньшинству. (28.8) Государства-участники будут стремиться обеспечить, чтобы правовые гарантии, необ- ходимые для поддержания верховенства закона, оставались в силе во время чрезвычайного положения. Они будут стремиться предусмотреть в своем законодательстве контроль за постановлениями, касающимися чрезвычайного положения, а также за их осуществлением.
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(28.9) Государства-участники будут стремиться обеспечить свободу слова и свободу инфор- мации, совместимые с их международными обязанностями и обязательствами, с тем, чтобы общественность имела возможность обсуждать вопрос о соблюдении прав человека и основ- ных свобод и об отмене чрезвычайного положения. Они в соответствии с международными стандартами в отношении свободы слова не будут принимать каких-либо мер, с тем, чтобы воспрепятствовать журналистам законно осуществлять их профессиональные функции, кроме таких мер, которые совершенно необходимы в конкретной ситуации. (28.10) Если в государстве-участнике объявляется или отменяется чрезвычайное положе- ние, соответствующее государство будет немедленно информировать институт СБСЕ* об этом решении, а также о любом отступлении от международных обязательств этого госу- дарства в области прав человека. Институт без задержки информирует другие государ- ства-участники.
(29) Государства-участники, признавая свою общую заинтересованность в развитии кон- тактов и обмена информацией между омбудсменами и другими институтами, на которые возложены аналогичные функции по рассмотрению жалоб отдельных граждан на действия государственных органов, с удовлетворением отмечают предложение Испании о проведе- нии в этой стране встречи омбудсменов.
(30) Государства-участники предлагают, чтобы соответствующие форумы СБСЕ рассмо- трели вопрос о расширении функций Бюро по свободным выборам, с тем, чтобы оно могло оказывать помощь в укреплении демократических институтов в государствах-участниках.
(31) Государства-участники признают обширный опыт и знания, накопленные в Совете Европы в области прав человека. Они приветствуют его вклад в укрепление демократии в Европе, включая его готовность передавать свой опыт СБСЕ.
III
(32) Государства-участники вновь заявляют о своей неизменной приверженности принци- пам и положениям хельсинкского Заключительного акта, венского Итогового документа и других соответствующих документов СБСЕ, в которых они взяли на себя обязательство, в частности, уважать права человека и основные свободы и обеспечивать их гарантию для всех без какого бы то ни было различия.
(33) Государства-участники устранят все правовые и другие ограничения в отношении передвижения своих и иностранных граждан в пределах их территорий и местожитель- ства лиц, имеющих право на постоянное проживание, за исключением тех ограничений, которые могут быть необходимы и официально объявлены исходя из военных интересов, интересов безопасности, экологии или других законных государственных интересов, в соот- ветствии с их национальными законами, совместимыми с обязательствами в рамках СБСЕ и международными обязательствами в области прав человека. Государства-участники обя- зуются сводить такие ограничения к минимуму.
(34) Государства-участники будут принимать в надлежащих случаях все возможные меры для защиты журналистов, находящихся в опасных профессиональных командировках, осо- бенно в случаях вооруженных конфликтов, и будут сотрудничать в этих целях. Такие меры
* Решение относительно такого института будет принято Советом.
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будут включать поиск пропавших журналистов, выяснение их судьбы, оказание необходи- мой помощи и содействие их возвращению в свои семьи.
(35) Государства-участники подтверждают, что гарантия свободы творчества и сохране- ние культурного наследия являются составной частью человеческого измерения СБСЕ. Они считают, что независимая интеллектуальная и культурная жизнь играет решающую роль для существования свободных обществ и демократических институтов. Они будут выполнять свои обязательства в сфере культуры, изложенные в Документе Краковского симпозиума по культурному наследию, и выражают мнение, что в рамках СБСЕ следует продолжать рассмотрение проблем культуры, в том числе свободы, творческой деятельно- сти и сотрудничества в этой области.
(36) Государства-участники напоминают о своем обязательстве в венском Итоговом доку- менте оставить на рассмотрении вопрос о смертной казни и подтверждают свои обязатель- ства, содержащиеся в Документе Копенгагенского совещания, обмениваться информацией по вопросу об отмене смертной казни и предоставлять общественности информацию отно- сительно ее применения. (36.1) Они отмечают, (i) что 11 июля 1991 года вступил в силу второй Факультативный протокол к Междуна- родному пакту о гражданских и политических правах, имеющий целью отмену смерт- ной казни; (ii) что ряд государств-участников в последнее время предприняли шаги в направлении отмены смертной казни; (iii) деятельность ряда неправительственных организаций по вопросу отмены смерт- ной казни.
(37) Государства-участники подтверждают положения и обязательства, относящиеся к про- блемам национальных меньшинств и правам принадлежащих к ним лиц, содержащиеся во всех документах СБСЕ, в частности в Документе Копенгагенского совещания Конфе- ренции по человеческому измерению СБСЕ и в Докладе Женевского совещания экспертов СБСЕ по вопросам национальных меньшинств, и призывают к их полному и скорейшему выполнению. Они полагают, что, в частности, применение новых и расширенных механиз- мов и процедур СБСЕ будет способствовать дальнейшей защите и поощрению прав лиц, принадлежащих к национальным меньшинствам.
(38) Государства-участники признают необходимость обеспечить уважение прав трудя- щихся-мигрантов и их семей, законно проживающих в государствах-участниках, и особо отметить их право на свободное проявление их национальных, культурных, религиозных и языковых особенностей. Осуществление таких прав может подлежать лишь таким огра- ничениям, которые установлены законом и соответствуют международным стандартам. (38.1) Они осуждают все акты дискриминации по признаку расы, цвета кожи и этнического происхождения, нетерпимости и ксенофобии в отношении трудящихся-мигрантов. Они будут принимать в соответствии с национальным законодательством и международными обязательствами эффективные меры для поощрения терпимости, понимания, равенства возможностей и уважения основных прав человека трудящихся-мигрантов; и примут, если они еще не сделали этого, меры по запрещению актов, представляющих собой подстрека- тельство к насилию, основанному на национальной, расовой, этнической или религиозной дискриминации, враждебности или ненависти.
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(38.2) Они примут соответствующие меры, которые бы позволили трудящимся-мигрантам принимать участие в общественной жизни государств-участников. (38.3) Они отмечают, что вопросы, связанные с человеческим измерением трудящихся-ми- грантов, проживающих на их территории, как и любые другие вопросы, относящиеся к чело- веческому измерению, могли бы быть подняты в рамках механизма человеческого измерения. (38.4) Они рекомендуют СБСЕ в своей будущей деятельности в области человеческого измерения рассмотреть соответствующие меры для проведения целевого обсуждения всех вопросов, касающихся трудящихся-мигрантов, в том числе вопроса о знакомстве с языком и общественной жизнью соответствующей страны.
(39) Государства-участники будут (39.1) повышать свою готовность и в полном объеме сотрудничать, с тем, чтобы обеспечить оперативное и эффективное проведение операций по оказанию гуманитарной помощи; (39.2) принимать все необходимые меры для облегчения быстрого и беспрепятственного доступа в пострадавшие районы в целях проведения таких операций по оказанию помощи; (39.3) заключать необходимые договоренности в целях осуществления таких операций по оказанию помощи.
(40) Государства-участники признают, что полное и подлинное равенство между мужчи- нами и женщинами является существенно важным элементом справедливого и демокра- тического общества, основанного на верховенстве закона. Они признают, что целостное развитие общества и повышение благополучия всех его членов требуют равных возмож- ностей для полного и равного участия мужчин и женщин. В этом контексте они будут (40.1) обеспечивать, чтобы все обязательства в рамках СБСЕ, относящиеся к защите и поощ- рению прав человека и основных свобод, применялись в полном объеме и без какой-либо дискриминации по признаку пола; (40.2) полностью соблюдать Конвенцию о ликвидации всех форм дискриминации в отно- шении женщин, если они являются ее участниками, а если они еще не стали таковыми, они рассмотрят вопрос о ратификации этой Конвенции или о присоединении к ней; государ- ства, которые ратифицировали эту Конвенцию или присоединились к ней с оговорками, рассмотрят вопрос об их снятии; (40.3) эффективно осуществлять обязательства по международным договорам, сторонами которых они являются, и принимать надлежащие меры по осуществлению Найробийских перспективных стратегий Организации Объединенных Наций в области улучшения поло- жения женщин; (40.4) подтвердят, что их целью является достижение не только юридического, но и фак- тического равенства возможностей для мужчин и женщин, а также содействие принятию эффективных мер в этом направлении; (40.5) создадут или укрепят соответствующий национальный механизм по улучшению поло- жения женщин, с тем, чтобы обеспечить проведение оценки влияния программ и поли- тики на их положение; (40.6) эффективно поощрять меры по обеспечению всех экономических возможностей для женщин, включая отсутствие дискриминации в политике и практике найма, равный доступ к образованию и профессиональной подготовке и меры, облегчающие трудящимся женщинам и мужчинам совмещение работы и семейных обязанностей; и будут стремиться обеспечить, чтобы любая политика или программы, предусматривающие структурную перестройку, не имели для женщин дискриминационных последствий;
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(40.7) стремиться покончить со всеми формами насилия в отношении женщин и со всеми формами торговли женщинами и эксплуатации женской проституции, в том числе путем принятия соответствующих юридических запретов в отношении подобных действий и дру- гих соответствующих мер; (40.8) способствовать и содействовать равенству и самому широкому участию женщин во всех аспектах политической и общественной жизни и процессах принятия решений, а также в международном сотрудничестве в целом; (40.9) признавать жизненно важную роль, которую женщины и женские организации играют в национальных и международных усилиях, направленных на развитие и расширение прав женщин, путем предоставления, в частности, прямых услуг, а также поддержки и содей- ствия полноценному партнерству между правительствами и указанными организациями с целью обеспечения большего равенства женщин; (40.10) признавать ценный вклад женщин во все аспекты политической, культурной, обще- ственной и экономической жизни и содействовать более широкому признанию этого вклада, в том числе в неформальном и неоплачиваемом секторах; (40.11) принимать меры с целью содействовать обеспечению свободного доступа к инфор- мации в отношении женщин и их прав согласно международному и внутригосударствен- ному праву; (40.12) разрабатывать совместимую с их конституционными системами политику в обла- сти образования, содействовать участию женщин во всех сферах обучения и трудовой дея- тельности, включая нетрадиционные области, и способствовать и содействовать большему пониманию вопросов, имеющих отношение к равенству мужчин и женщин; (40.13) обеспечивать сбор и анализ данных, с тем, чтобы надлежащим образом оценить, взять под контроль и улучшить положение женщин; эти данные не должны содержать никакой информации личного характера.
(41) Государства-участники принимают решение (41.1) обеспечивать защиту прав человека лиц, имеющих инвалидность; (41.2) принимать меры по обеспечению таким лицам равных возможностей в полном объ- еме участвовать в жизни общества; (41.3) содействовать соответствующему участию таких лиц в принятии решений в обла- стях, имеющих к ним отношение; (41.4) развивать услуги и содействовать подготовке социальных работников по професси- ональной и социальной реабилитации лиц, имеющих инвалидность; (41.5) создавать благоприятные условия, обеспечивающие лицам, имеющим инвалидность, доступ к общественным зданиям и видам обслуживания, жилым постройкам, транспорту, культурной жизни и отдыху.
(42) Государства-участники (42.1) подтверждают, что образование в области прав человека имеет основополагающее значение и что в этой связи крайне важно, чтобы их граждан просвещали относительно прав человека и основных свобод, а также обязательств уважать такие права и свободы, установленные в национальном законодательстве и международных договорах, участни- ками которых они могут являться;
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(42.2) признают, что эффективное образование в области прав человека способствует борьбе с нетерпимостью, религиозными, расовыми и этническими предрассудками и ненавистью, в том числе против роман, ксенофобией и антисемитизмом; (42.3) будут содействовать разработке их компетентными органами, занимающимися под- готовкой учебных программ, эффективных учебных планов и курсов по правам человека для студентов всех уровней, особенно студентов, изучающих право, управление и обще- ственные науки, а также учащихся военных и полицейских учебных заведений и институ- тов государственного управления; (42.4) будут предоставлять их преподавателям информацию о всех положениях человече- ского измерения СБСЕ; (42.5) будут поощрять сотрудничество между организациями и учебными заведениями в разработке и обмене программами в области прав человека на национальном и между- народном уровне; (42.6) будут стремиться к тому, чтобы в рамках мероприятий, осуществляемых в целях раз- вития образования в области прав человека в более широком смысле, учитывался опыт, программы и формы сотрудничества в существующих международных правительственных и неправительственных органах, таких как Организация Объединенных Наций и Совет Европы.
(43) Государства-участники будут признавать в качестве НПО организации, объявившие себя таковыми, согласно соответствующим национальным процедурам, и будут содейство- вать созданию условий для свободной деятельности таких организаций на своих террито- риях; в этих целях они будут (43.1) стремиться изыскивать возможности для дальнейшего улучшения условий для кон- тактов и обменов мнениями между НПО и соответствующими национальными органами и государственными учреждениями; (43.2) стремиться содействовать посещению их стран неправительственными организа- циями любого государства-участника с целью наблюдения за условиями в области чело- веческого измерения; (43.3) приветствовать деятельность НПО, включая, в частности, проверку выполнения обя- зательств в рамках СБСЕ в области человеческого измерения; (43.4) предоставлять НПО возможность, ввиду их важной роли в рамках человеческого измерения СБСЕ, доводить свои мнения до их собственных правительств и правительств всех других государств-участников во время будущей деятельности СБСЕ в области чело- веческого измерения. (43.5) Во время будущей деятельности СБСЕ в области человеческого измерения НПО будет предоставлена возможность распространять письменные вклады по конкретным пробле- мам человеческого измерения СБСЕ среди всех делегаций. (43.6) Секретариат СБСЕ в пределах имеющихся у него ресурсов будет удовлетворять просьбы НПО относительно предоставления им документов СБСЕ общего распространения. (43.7) Руководящие принципы определяющие участие НПО в будущей деятельности СБСЕ в области человеческого измерения, в частности, могут включать: (i) для нужд НПО в местах проведения совещаний или в непосредственной близости от них следует выделять общие помещения, а также обеспечивать в разумных пределах и за их счет доступ к техническим средствам, включая фотокопировальную технику, теле- фоны и телефаксы;
108 Москва, 1991 г
(ii) следует своевременно информировать и инструктировать НПО по вопросу об откры- тости и процедурах доступа; (iii) следует и далее рекомендовать делегациям на совещаниях СБСЕ включать в свой состав или приглашать членов НПО.
Государства-участники рекомендуют Хельсинкскому совещанию в рамках дальнейших шагов рассмотреть вопрос об установлении таких руководящих принципов. (…)
109 Пражский документ о дальнейшем развитии институтов и структур СБСЕ (Второе совещание совета)
Прага, 1992 г.
(…)
III
Человеческое измерение
6. Министры согласились с тем, что наблюдение за прогрессом в области человеческого измерения и содействие ему остается одной из центральных задач СБСЕ.
7. Вопросы, относящиеся к человеческому измерению, будут поэтому, по мере необходимо- сти, рассматриваться Советом или Комитетом старших должностных лиц.
8. Кроме того, Комитетом старших должностных лиц могут также приниматься решения о проведении непродолжительных встреч для рассмотрения четко определенных вопро- сов. Результаты таких встреч будут представляться Совету через Комитет старших долж- ностных лиц для рассмотрения или принятия решений, когда это требуется.
9. В целях расширения практического сотрудничества между государствами-участниками в области человеческого измерения министры решили придать дополнительные функции Бюро по свободным выборам, которое будет отныне именоваться Бюро по демократиче- ским институтам и правам человека. 10. Под общим руководством Комитета старших долж- ностных лиц, Бюро, в частности, следует: • организовывать краткую встречу СБСЕ в месте расположения Бюро по демократиче- ским институтам и правам человека для рассмотрения хода выполнения обязательств по человеческому измерению СБСЕ каждый год, в котором не проходит встреча в рам- ках дальнейших шагов. Хельсинкская встреча в рамках дальнейших шагов разработает организационные формы проведения таких встреч; • служить в качестве институционной основы для взаимного использования и обмена информацией о имеющейся в наличие технической помощи, опыта и национальных и международных программах, направленных на оказание помощи новым демократиям в становлении их институтов; • способствовать контактам между теми, кто предлагает такие ресурсы и теми, кто хочет их использовать; • наладить сотрудничество с Советом Европы с целью использования его базы данных о таких ресурсах и услугах;
110 Прага, 1992 г
• устанавливать контакты с неправительственными организациями, действующими в обла- сти становления демократических институтов, с тем, чтобы дать возможность заинтере- сованным государствам-участникам использовать их обширные ресурсы и опыт; • содействовать сотрудничеству в области профессиональной подготовки и обучения по дисциплинам, имеющим отношение к демократическим институтам; • организовывать совещания и семинары с участием всех государств-участников по вопро- сам, связанным со становлением и возрождением работы демократических институтов, такие, как короткий семинар по свободным средствам массовой информации в подходя- щие сроки, а также один семинар по вопросам миграции. Такие совещания и семинары будут проведены в Варшаве, если не будет принято иного решения.
11. С тем, чтобы избежать дублирования в работе, в особенности в вышеперечисленных областях, министры поручили Бюро тесно сотрудничать с другими учреждениями, дей- ствующими в области становления демократических институтов и прав человека, в част- ности с Советом Европы и Европейской комиссией «Демократия через закон».
12. Комитет старших должностных лиц будет на ежегодной основе рассматривать необходи- мость проведения совещаний и семинаров по человеческому измерению и демократическим институтам и составлять рабочую программу. 13. Министры обратились к Хельсинкской встрече в рамках дальнейших шагов с просьбой продолжить работу по уточнению задач Варшавского бюро и принять решение о том, каким образом следует продолжать деятель- ность СБСЕ в области человеческого измерения.
14. Бюро по демократическим институтам и правам человека предназначено служить в каче- стве института СБСЕ, которому поручаются задачи, связанные с миссиями экспертов и докладчиков в соответствии с Документом Московского совещания Конференции по человеческому измерению СБСЕ. Прага 1992 г.
15. Бюро по демократическим институтам и правам человека будет подключено к сети связи СБСЕ.
IV
Защита прав человека, демократии и верховенства закона
16. В целях дальнейшего развития способности СБСЕ защищать права человека, демокра- тию и верховенство закона мирными средствами Совет решил, что Советом или Комитетом старших должностных лиц могут быть, если необходимо – и без согласия соответствующего государства, в случаях явного, грубого и неисправленного нарушения соответствующих обязательств по СБСЕ предприняты надлежащие действия. Такие действия будут состо- ять из политических заявлений или иных политических шагов, которые будут делаться за пределами территории такого государства. Настоящее решение не нарушает существую- щие механизмы СБСЕ.
17. Совет обратился к Хельсинкской встрече в рамках дальнейших шагов продолжить рас- смотрение условий осуществления этого решения. (…)
111 Прага, 1992 г
VIII
Неправительственные организации
42. Совет обращается к Хельсинкской встрече в рамках дальнейших шагов с просьбой укре- пить связи между СБСЕ и неправительственными организациями, с тем, чтобы повысить роль неправительственных организаций в осуществлении целей и обязательств по СБСЕ. В частности, Встреча в рамках дальнейших шагов определит возможности и процедуры существенного вовлечения неправительственных организаций в работу СБСЕ по соответ- ствующим направлениям, а также возможности неправительственных организаций под- держивать связи со структурами и институтами СБСЕ, исходя, в частности, из текстов о неправительственных организациях, согласованных на Софийском и Московском сове- щаниях и на Семинаре в Осло. (…)
112 Хельсинкский документ: Вызов времени перемен (Встреча на высшем уровне)
Хельсинки, 1992 г.
Декларация хельсинкской встречи на высшем уровне
Надежды и проблемы времени перемен (…)
6. Мы приветствуем приверженность всех государств-участников нашим общим ценно- стям. Уважение прав человека и основных свобод, в том числе прав лиц, принадлежащих к национальным меньшинствам, демократия и верховенство закона, экономическая сво- бода, социальная справедливость и ответственное отношение к окружающей среде явля- ются нашими общими целями. Они непреложны. Приверженность нашим обязательствам обеспечивает основу для участия и сотрудничества в СБСЕ, является залогом дальнейшего развития наших обществ.
7. Мы вновь подтверждаем, что руководящие принципы и общие ценности, изложенные в хельсинкском Заключительном акте и Парижской хартии, которые воплощают обяза- тельства государств друг перед другом и правительств перед своими народами, не утра- тили своей силы. Они отражают коллективную совесть нашего сообщества. Мы признаем свою ответственность друг перед другом за их выполнение. Мы подчеркиваем демократи- ческое право граждан требовать от своих правительств уважения этих ценностей и норм.
8. Мы подчеркиваем, что обязательства, принятые в области человеческого измерения СБСЕ, представляют непосредственный и законный интерес для всех государств-участ- ников и не являются исключительно внутренним делом какого-то одного государства. Защита прав человека, основных свобод и содействие их осуществлению, а также укре- пление демократических институтов остаются жизненно важной основой нашей всеобъ- емлющей безопасности. (…)
12. Нынешнее время не только вселяет надежды, оно несет нестабильность и неуверенность. Экономический спад, социальная напряженность, агрессивный национализм, нетерпи- мость, ксенофобия и этнические конфликты угрожают стабильности в регионе СБСЕ. Гру- бые нарушения обязательств СБСЕ в области прав человека и основных свобод, в том числе тех, которые касаются национальных меньшинств, представляют особую угрозу мирному развитию общества, в частности в новых демократических государствах.
Для формирования демократических и плюралистических обществ, обеспечивающих всестороннюю защиту многообразия и его уважение на практике, сделать предстоит еще
113 Хельсинки, 1992 г
многое. Вследствие этого мы отвергаем расовую, этническую и религиозную дискрими- нацию в любой форме. Свободе и терпимому отношению необходимо учиться, и их надо применять на практике. (…)
14. В период конфликтов наибольшей угрозе подвергается удовлетворение элементарных потребностей человека. Мы будем прилагать все усилия к тому, чтобы люди были обеспе- чены всем необходимым, а гуманитарные обязательства выполнялись. Мы будем стре- миться облегчить страдания людей путем заключения договоренностей о прекращении огня в гуманитарных целях и оказывать содействие доставке помощи под международным кон- тролем, в том числе обеспечивая безопасность ее перевозки. Мы признаем, что проблемы беженцев, возникшие в результате этих конфликтов, требуют от всех нам сотрудничества. Мы заявляем о своей поддержке тех стран, на которые легла основная тяжесть проблемы беженцев, возникшей в результате этих конфликтов, и выражаем солидарность с этими стра- нами. В этой связи мы признаем необходимость сотрудничества и согласованных действий. (…)
20. Мы продолжаем развивать наши возможности в деле мирного урегулирования споров.
21. Наш подход основывается на всеобъемлющей концепции безопасности, впервые изло- женной в Заключительном акте. Эта концепция устанавливает взаимосвязь между поддер- жанием мира и уважением прав человека и основных свобод. Она увязывает экономическую и экологическую солидарность и сотрудничество с мирными межгосударственными отно- шениями. Все это было необходимо для ослабления конфронтации и не утратило своего актуального значения для управления процессом перемен сегодня. (…)
26. Мы вновь выражаем безоговорочное осуждение всех актов, методов и практики терро- ризма. Мы твердо намерены расширять сотрудничество с целью устранения этой угрозы для безопасности, демократии и прав человека. В связи с этим мы примем меры для пре- дотвращения на территории наших стран преступной деятельности, осуществляемой в под- держку актов терроризма в других государствах. Мы будем поощрять обмен информацией в отношении террористической деятельности. По мере необходимости мы будем вести поиск эффективных направлений дальнейшего сотрудничества. Мы также будем предпринимать необходимые шаги на национальном уровне для выполнения своих международных обя- зательств в этой области.
27. Незаконный оборот наркотиков представляет опасность для стабильности наших обще- ственных и демократических институтов. Мы будем совместными усилиями укреплять все виды двустороннего и многостороннего сотрудничества в борьбе против незаконного обо- рота наркотиков и других форм международной организованной преступности.
114 Хельсинки, 1992 г
Хельсинкские решения
I. Укрепление институтов и структур СБСЕ (…)
Помощь действующему Председателю (…)
Личные представители
(22) При решении вопросов, связанных с кризисом или конфликтом, действующий Пред- седатель может по собственному усмотрению назначить личного представителя с четким и конкретным мандатом для обеспечения поддержки. Действующий Председатель будет информировать КСДЛ о намерении назначить личного представителя и о его мандате. В свои отчеты Совету/КСДЛ действующий Председатель будет включать информацию о дея- тельности личного представителя, а также любые замечания или рекомендации, представ- ленные последним.
Верховный комиссар по делам национальных меньшинств
(23) Совет назначит Верховного комиссара по делам национальных меньшинств. Верхов- ный комиссар обеспечивает по возможности на самом раннем этапе «раннее предупре- ждение» и, в соответствующих случаях, «срочные действия» в отношении напряженных ситуаций, которые связаны с проблемами национальных меньшинств и которые потенци- ально способны перерасти в конфликт в регионе СБСЕ, затрагивающий мир, стабильность или отношения между государствами-участниками. Верховный комиссар будет использо- вать технические средства и возможности Бюро по демократическим институтам и пра- вам человека (БДИПЧ) в Варшаве. (…)
Обзоры выполнения
(26) Тщательный обзор выполнения обязательств по СБСЕ будет по-прежнему играть важ- ную роль в деятельности СБСЕ, укрепляя тем самым сотрудничество между государства- ми-участниками.
(27) Обзоры выполнения будут проводиться регулярно на конференциях по обзору и на специальных совещаниях, созываемых для этой цели в БДИПЧ и ЦПК, а также в тех слу- чаях, когда КСДЛ проводит заседания в качестве Экономического форума, как это пред- усмотрено в соответствующих документах СБСЕ.
(28) Эти обзоры выполнения будут носить характер совместной деятельности, будут все- объемлющими по своему охвату и, в то же время, будут предоставлять возможность для рассмотрения конкретных проблем.
(29) Государствам-участникам будет предложено делать вклады, отражающие их опыт выпол- нения, с особым упором на встретившиеся в этой связи проблемы, а также сообщать свои мнения по вопросам выполнения в пределах всего региона СБСЕ. Государствам-участникам
115 Хельсинки, 1992 г
предлагается распространять материалы с описанием их вклада заблаговременно до про- ведения совещания.
(30) Обзоры должны предоставлять возможность определения действий, которые могут потребоваться для рассмотрения проблем. Совещания, на которых будет проводиться обзор выполнения, могут обращать внимание КСДЛ на любые предложения по мерам, которые, по их мнению, было бы целесообразно предпринять для улучшения выполнения обязательств. (…)
II. Верховный комиссар СБСЕ по делам национальных меньшинств
(1) Государства-участники принимают решение учредить пост Верховного комиссара по делам национальных меньшинств.
Мандат
(2) Верховный комиссар будет действовать под эгидой КСДЛ и, таким образом, способство- вать предотвращению конфликтов по возможности на самом раннем этапе.
(3) Верховный комиссар будет обеспечивать, по возможности на самом раннем этапе, «ран- нее предупреждение» и, в соответствующих случаях, «срочные действия» в отношении свя- занных с проблемами национальных меньшинств напряженных ситуаций, которые еще не вышли из стадии раннего предупреждения, но потенциально способны, по мнению Вер- ховного комиссара, перерасти в конфликт в регионе СБСЕ, затрагивающий мир, стабиль- ность или отношения между государствами-участниками, и требуют внимания и действий Совета или КСДЛ.
(4) В рамках этого мандата, основанного на принятых в СБСЕ принципах и обязательствах, Верховный комиссар будет проводить работу конфиденциально и действовать независимо от всех сторон, непосредственно вовлеченных в такие напряженные ситуации.
(5а) Верховный комиссар будет рассматривать проблемы национальных меньшинств, возни- кающие в том государстве, гражданином которого он является или на территории которого он постоянно проживает, а также проблемы, затрагивающие национальное меньшинство, к которому он принадлежит, только при наличии согласия всех непосредственно причаст- ных сторон, включая государство, о котором идет речь.
(5b) Верховный комиссар не будет рассматривать вопросы национальных меньшинств в ситуациях, связанных с организованными актами терроризма.
(5с) Верховный комиссар не будет также рассматривать нарушения обязательств по СБСЕ в отношении отдельных лиц, принадлежащих к тому или иному национальному мень- шинству.
(6) При рассмотрении той или иной ситуации Верховный комиссар будет в полной мере учитывать наличие демократических средств и международных инструментов для целей ее урегулирования, а также их использование заинтересованными сторонами.
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(7) В тех случаях, когда до сведения КСДЛ доводится конкретный вопрос, касающийся национального меньшинства, для подключения Верховного комиссара к рассмотрению данного вопроса потребуется соответствующая просьба и конкретный мандат от КСДЛ.
Общие сведения, назначение, поддержка
(8) Пост Верховного комиссара будут занимать видные международные деятели с соответ- ствующим обширным опытом, от которых можно ожидать беспристрастности в осущест- влении порученных функций.
(9) Назначение Верховного комиссара будет производиться Советом на основе консенсуса по рекомендации КСДЛ на период в три года, который может быть продлен не более чем на один трехлетний срок.
(10) Верховный комиссар будет использовать технические средства и возможности БДИПЧ в Варшаве и, в частности, имеющуюся в распоряжении БДИПЧ информацию по всем аспек- там проблемы национальных меньшинств.
Раннее предупреждение
(11) Верховный комиссар будет:
(11а) собирать и получать из источников, о которых говорится ниже (см. пункты (23)-(25) Дополнения), информацию по вопросам национальных меньшинств;
(11b) осуществлять оценку, по возможности на самом раннем этапе, роли непосредственно заинтересованных сторон, характера напряженности и связанных с ней последний собы- тий, а также, когда это возможно, потенциальных последствий для мира и стабильности в регионе СБСЕ;
(11с) с этой целью иметь возможность посещать в соответствии с пунктом (17), а также пун- ктами (27)-(30) Дополнения любое из государств-участников и лично вступать в контакт, с учетом положений пункта (25), с непосредственно заинтересованными сторонами для получения из первых рук информации о положении национальных меньшинств.
(12) Во время посещения государства-участника при получении из первых рук информации от всех непосредственно участвующих сторон Верховный комиссар может обсуждать со сторонами соответствующие вопросы, и при необходимости содействовать диалогу, укре- плению доверия и сотрудничеству между ними.
Обеспечение раннего предупреждения
(13) Если на основе обменов сообщениями и контактов с соответствующими сторонами Верховный комиссар приходит к выводу о том, что налицо опасность потенциального кон- фликта (как это изложено в пункте (3)), он/она может выступить с ранним предупрежде- нием, которое будет оперативно передано КСДЛ действующим Председателем.
(14) Действующий Председатель включит это раннее предупреждение в повестку дня следу- ющей встречи КСДЛ. Если какое-либо из государств решит, что такое раннее предупрежде- ние требует оперативного проведения консультаций, оно может прибегнуть к процедуре,
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изложенной в Приложении 2 Резюме выводов Берлинской встречи Совета («Чрезвычай- ный механизм»).
(15) Верховный комиссар разъяснит КСДЛ причины обращения с ранним предупреждением.
Срочные действия
(16) Верховный комиссар может рекомендовать предоставить ему/ей полномочия для установления дальнейших контактов и проведения более обстоятельных консультаций с заинтересованными сторонами с целью поиска возможных решений согласно мандату, утверждаемому КСДЛ. КСДЛ может принять соответствующее решение.
Подотчетность
(17) До поездки в какое-либо из государств-участников с целью рассмотрения напряжен- ной ситуации, связанной с национальными меньшинствами, Верховный комиссар проведет консультации с действующим Председателем. Действующий Председатель в конфиденци- альном порядке проконсультируется с соответствующим(и) государством-участником (госу- дарствами-участниками), а также может провести более широкие консультации.
(18) После посещения государства-участника Верховный комиссар представит действую- щему Председателю строго конфиденциальный отчет об установленных им фактах и ходе его работы по решению данного конкретного вопроса.
(19) После завершения своей работы над тем или иным конкретным вопросом Верховный комиссар представит действующему Председателю отчет об установленных им фактах, результатах и выводах. В месячный срок действующий Председатель в конфиденциаль- ном порядке проведет с соответствующим(и) государством-участником (государствами-у- частниками) консультации относительно установленных фактов, результатов и выводов, а также может провести более широкие консультации. После этого отчет вместе с возмож- ными замечаниями будет передан КСДЛ.
(20) Если Верховный комиссар придет к выводу, что ситуация перерастает в конфликт, либо сочтет, что возможности в плане приложения его усилий исчерпаны, он соответственно информирует об этом КСДЛ через действующего Председателя.
(21) В случае подключения КСДЛ к рассмотрению того или иного конкретного вопроса Вер- ховный комиссар предоставит информацию, а также, по запросу, рекомендацию КСДЛ или любому другому учреждению или организации, которым КСДЛ может предложить в соот- ветствии с положениями главы III настоящего документа предпринять шаги в отношении данной напряженной ситуации или конфликта.
(22) Верховный комиссар при наличии соответствующей просьбы со стороны КСДЛ и с должным учетом требования о конфиденциальности осуществления его/ее мандата будет предоставлять информацию о своей деятельности на совещаниях СБСЕ по рассмо- трению выполнения, посвященных вопросам человеческого измерения.
Дополнение
Источники информации по вопросам национальных меньшинств
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(23) Верховный комиссар может:
(23а) собирать и получать из любого источника, в том числе от средств массовой инфор- мации и неправительственных организаций, за исключением указанных в пункте (25), информацию о положении национальных меньшинств и роли причастных к нему сторон;
(23b) получать конкретные доклады от непосредственно причастных сторон о событиях, связанных с вопросами национальных меньшинств. В их число могут входить доклады о нарушениях обязательств по СБСЕ в отношении национальных меньшинств, а также других нарушениях в связи с вопросами национальных меньшинств.
(24) Такие конкретные доклады, направляемые Верховному комиссару, должны отвечать следующим требованиям: • они должны быть представлены в письменном виде, адресованы лично Верховному комис- сару и подписаны, с указанием фамилии, имени и адреса полностью; • они должны содержать фактический отчет о недавних, в основном произошедших не более года назад событиях, которые касаются положения лиц, принадлежащих к националь- ным меньшинствам, а также роли причастных сторон. В докладах должна содержаться информация, которая может быть подкреплена достаточно убедительными фактами.
(25) Верховный комиссар не будет поддерживать контакты с любыми лицами или органи- зациями, прибегающими к терроризму или насилию либо открыто поддерживающими их, равно как и принимать представленные ими сообщения.
Непосредственно заинтересованные стороны
(26) Непосредственно заинтересованными сторонами, вовлеченными в напряженную ситу- ацию, которые могут представлять Верховному комиссару конкретные доклады и с кото- рыми Верховный комиссар будет стремиться лично вступить в контакт во время посещения государства-участника, являются:
(26а) правительства государств-участников, включая в соответствующих случаях регио- нальные и местные власти в районах проживания национальных меньшинств;
(26b) представители ассоциаций, неправительственных организаций, религиозных и других групп непосредственно заинтересованных и находящихся в районе напряженности нацио- нальных меньшинств, уполномоченные лицами, принадлежащими к этим национальным меньшинствам, представлять их интересы.
Условия поездок Верховного комиссара
(27) До осуществления намеченного посещения Верховный комиссар будет предоставлять соответствующему государству-участнику конкретную информацию о намеченной цели этого посещения. В двухнедельный срок соответствующее(ие) государство(а) проведет(ут) консультации с Верховным комиссаром в отношении задач этого посещения, которые могут включать содействие диалогу, укреплению доверия и сотрудничеству между сторонами. По прибытии Верховного комиссара соответствующее государство будет оказывать ему содей- ствие в обеспечении беспрепятственных поездок и общения с учетом положений пункта (25), который приводится выше.
119 Хельсинки, 1992 г
(28) Если соответствующее государство не предоставит Верховному комиссару возмож- ность въезда в страну, а также беспрепятственного перемещения и общения, то Верхов- ный комиссар проинформирует об этом КСДЛ.
(29) В ходе такого посещения, с учетом положений пункта (25), Верховный комиссар может проводить консультации с участвующими сторонами и получать конфиденциально от любого из непосредственно заинтересованных лиц, групп или организаций информацию по вопросам, которыми занимается Верховный комиссар. Верховный комиссар будет соблю- дать конфиденциальный характер этой информации.
(30) Государства-участники будут воздерживаться от принятия каких-либо мер против лиц, организаций или учреждений по причине их контактов с Верховным комиссаром.
Верховный комиссар и участие экспертов
(31) Верховный комиссар может решить запросить помощь не более чем трех экспертов, обла- дающих соответствующим специальным опытом и знаниями по конкретным вопросам, для решения которых требуются краткое специализированное исследование и консультации.
(32) Если Верховный комиссар решит обратиться к экспертам, то он четко определит их мандат и сроки работы.
(33) Посещение экспертами государства-участника будет проходить исключительно в то же время, что и его посещение Верховным комиссаром. Их мандат будет являться неотъ- емлемой частью мандата Верховного комиссара, а их поездки будут осуществляться на тех же условиях.
(34) Консультативные заключения и рекомендации, запрошенные у экспертов, будут пред- ставляться Верховному комиссару в конфиденциальном порядке, и он будет нести ответ- ственность за деятельность и доклады экспертов и принимать решение о том, передавать ли консультативные заключения и рекомендации заинтересованным сторонам, и если да, то в какой форме. Консультативные заключения и рекомендации не будут носить обязатель- ного характера. Если Верховный комиссар решит передать такие консультативные заклю- чения и рекомендации заинтересованному(ым) государству(ам), то им будет предоставлена возможность высказать по ним свои соображения.
(35) Эксперты будут отбираться Верховным комиссаром при содействии БДИПЧ из спи- ска кандидатов, составленного в БДИПЧ, как это предусмотрено в Документе Москов- ского совещания.
(36) В число экспертов не будут входить граждане заинтересованного государства-участ- ника или лица, постоянно проживающие на его территории, равно как и любое лицо, назна- ченное заинтересованным государством, или любой эксперт, в отношении которого этим государством-участником ранее высказывались оговорки. В число экспертов не будут вхо- дить собственные граждане этого государства-участника или лица, постоянно проживаю- щие на его территории, или же кто-либо из лиц, предложенных им для включения в список кандидатов, а также более одного гражданина конкретного государства или лица, посто- янно проживающего на территории любого конкретного государства.
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Бюджет
(37) БДИПЧ будет составлять отдельный бюджет, который будет предусматривать в соот- ветствующих случаях материально-техническое обеспечение поездок и контактов. Финан- сирование бюджета будет осуществляться государствами-участниками в соответствии с установленной шкалой распределения расходов СБСЕ. Конкретные положения будут про- работаны Финансовым комитетом и утверждены КСДЛ. (…)
IV. Отношения с международными организациями, отношения с неучаствующими государствами, роль неправительственных организаций (НПО)
(1) Стоящие перед СБСЕ новые задачи требуют более ясных отношений и более тесных контактов с международными организациями, в частности, с Организацией Объединен- ных наций и неучаствующими государствами. Вместе с тем, СБСЕ остается процессом, деятельность в рамках которого, выходя далеко за рамки официальных межправитель- ственных отношений, охватывают граждан и общества государств-участников. Для того, чтобы усилия по созданию прочного мирного и демократического порядка и по регулиро- ванию процесса перемен увенчались успехом, необходим более упорядоченный и содержа- тельный вклад со стороны групп, отдельных лиц, государств и организаций, находящихся за рамками процесса СБСЕ.
С этой целью государства-участники постановили следующее:
Отношения с международными организациями
(2) Государства-участники, вновь подтверждая провозглашенную ими приверженность Уставу Организации Объединенных наций, заявляют о своем понимании того факта, что СБСЕ представляет собой региональное соглашение по смыслу Главы VII Устава Органи- зации Объединенных Наций и таким образом обеспечивает важную связь между безопас- ностью в Европе и во всем мире. Права и обязанности Совета Безопасности Организации Объединенных Наций остаются в неизменном виде целиком и полностью.
(3) Ссылаясь на соответствующие решения Пражского документа, государства-участники будут улучшать связи и совершенствовать практическое сотрудничество с соответствую- щими международными организациями.
(4) Соответственно они могут принять решение о привлечении вкладов международных организаций и институтов, упомянутых в Пражском документе, а также других сторон, в зависимости от каждого конкретного случая.
(5) Этим организациям, институтам и другим сторонам при наличии соответствующего согласия может быть предложено присутствовать на встречах и семинарах СБСЕ в качестве почетных гостей, на столах которых будут устанавливаться соответствующие таблички.
(6) Они будут в полной мере использовать обмен информацией согласно пункту 44 Праж- ского документа.
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Отношения с неучаствующими средиземноморскими государствами
(7) С учетом положений Заключительного акта и других соответствующих документов СБСЕ и в соответствии со сложившейся практикой неучаствующим средиземноморским государ- ствам будет по-прежнему предлагаться вносить вклад в деятельность СБСЕ.
(8) Меры по расширению сферы сотрудничества с неучаствующими средиземноморскими государствами изложены в Главе Х.
Отношения с другими неучаствующими государствами
(9) В соответствии с пунктом 45 Пражского документа государства-участники намерева- ются углублять свое сотрудничество и развивать прочные связи с неучаствующими госу- дарствами, например с Японией, проявляющими интерес к СБСЕ, поддерживающими его принципы и цели и активно участвующими в европейском сотрудничестве в рамках соот- ветствующих организаций.
(10) В этих целях Япония будет приглашена участвовать во встречах СБСЕ, включая встречи глав государств и правительств, встречи Совета СБСЕ, встречи Комитета старших долж- ностных лиц и других соответствующих органов СБСЕ, посвященные рассмотрению кон- кретных вопросов расширения консультаций и сотрудничества.
(11) Не участвуя в подготовке и принятии решений, представители Японии могут вносить в такие встречи вклад в вопросах, к которым Япония проявляет непосредственный интерес и/или в отношении которых желает проводить активное сотрудничество с СБСЕ.
Увеличение транспарентности в деятельности СБСЕ, содействие пониманию деятельности СБСЕ, усиление роли НПО
(12) Государства-участники будут увеличивать транспарентность институтов и структур СБСЕ и обеспечивать широкое распространение информации об СБСЕ.
(13) С этой целью: • действующий Председатель при поддержке Секретариата СБСЕ будет организовывать брифинги по вопросам процесса политических консультаций; 154 Обязательства ОБСЕ в области человеческого измерения Хельсинки 1992 г. • институты СБСЕ будут в пределах существующих бюджетов предоставлять обществен- ности информацию и организовывать публичные брифинги о своей деятельности; • Секретариат будет способствовать передаче информации средствам информации и содей- ствовать контактам с ними, учитывая при этом, что вопросы политики СБСЕ остаются в сфере компетенции государств-участников.
(14) Государства-участники будут создавать возможности для более активного участия неправительственных организаций в деятельности СБСЕ.
(15) Они будут соответственно: • применять ко всем встречам СБСЕ ранее согласованные руководящие принципы, каса- ющиеся доступа НПО на определенные встречи СБСЕ;
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• предоставлять НПО доступ на все пленарные заседания конференций по обзору, семи- нары, практикумы и встречи БДИПЧ, заседания КСДЛ в тех случаях, когда он собирается как Экономический форум, а также на совещания по рассмотрению выполнения обяза- тельств в области прав человека и другие совещания экспертов. Кроме того, на каждой встрече может быть принято решение о допуске НПО на некоторые другие заседания; • давать указания директорам институтов СБСЕ и исполнительным секретарям встреч СБСЕ назначать из числа своих сотрудников «ответственного за связь с НПО»; • назначать по мере необходимости одного из сотрудников своих министерств иностранных дел и одного из членов своих делегаций на встречах СБСЕ ответственными за связь с НПО; • развивать контакты и обмены мнениями между НПО и соответствующими националь- ными органами и правительственными учреждениями в период между встречами СБСЕ; • способствовать проведению заседаний для неофициальных обсуждений между предста- вителями государств-участников и НПО во время встреч СБСЕ; • поощрять направление письменных представлений НПО институтам и встречам СБСЕ, названия которых могут сохраняться и предоставляться по запросу государствам-у- частникам; • оказывать поддержку НПО, организующим семинары по вопросам, связанным с СБСЕ; • уведомлять НПО через институты СБСЕ о сроках будущих встреч СБСЕ, указывая, в тех случаях, когда это возможно, предлагаемые для обсуждения вопросы, и предоставляя, при наличии запроса, информацию о случаях задействования механизмов СБСЕ, дове- денных до сведения всех государств-участников.
(16) Приведенные выше положения не будут применяться к тем лицам или организациям, которые применяют насилие, а также открыто поощряют терроризм или применение наси- лия.
(17) Государства-участники будут использовать все соответствующие средства для макси- мально возможно широкого распространения в рамках своих обществ знаний об СБСЕ, его принципах, обязательствах и деятельности.
(18) Будет изучена идея об учреждении Премии СБСЕ. (…)
VI. Человеческое измерение
(1) Государства-участники провели полезный обзор выполнения обязательств по СБСЕ в области человеческого измерения. В своих обсуждениях они исходили из сложившейся в отношениях между ними новой общности ценностей, изложенных в Парижской хартии для новой Европы и развитых в результате установления в рамках СБСЕ в последние годы новых стандартов. Они отметили значительный прогресс в выполнении обязательств по человеческому измерению, однако признали, что произошли события, вызывающие серьез- ное беспокойство, и что, следовательно, необходимо дальнейшее улучшение положения дел.
(2) Государства-участники выражают свою твердую решимость обеспечить полное ува- жение прав человека и основных свобод, действовать на основе законности, проводить в жизнь принципы демократии и в этой связи создавать, укреплять и защищать демокра- тические институты, а также развивать принципы терпимого отношения в масштабах всего общества. Для этого они будут расширять оперативную основу СБСЕ, в том числе путем
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дальнейшего укрепления БДИПЧ, с тем, чтобы позволить осуществлять более конкретный и наполненный реальным содержанием обмен информацией, идеями и озабоченностями, включая раннее предупреждение о возникновении напряженности и о потенциальных кон- фликтах. При этом они сосредоточат свое внимание на вопросах человеческого измерения, имеющих особое значение. Соответственно они будут постоянно следить за укреплением человеческого измерения, особенно в эпоху перемен.
(3) В этой связи государства-участники принимают следующее:
Концептуальная основа для наблюдения за выполнением обязательств по СБСЕ и содействия сотрудничеству в области человеческого измерения
(4) В целях усиления процесса выполнения обязательств по СБСЕ и наблюдения за их выпол- нением, а также развития прогресса в области человеческого измерения государства-у- частники принимают решение укрепить концептуальную основу их сотрудничества и для осуществления этой задачи постановляют следующее:
Усиление роли БДИПЧ
(5) Действуя под общим руководством КСДЛ и в дополнение к своим существующим зада- чам, изложенным в Парижской хартии для новой Европы и в Пражском документе о даль- нейшем развитии институтов и структур СБСЕ, БДИПЧ в качестве главного института в области человеческого измерения, будет:
(5а) оказывать помощь в наблюдении за выполнением обязательств в области человеческого измерения следующим образом: • выступая в качестве места проведения двусторонних встреч в соответствии с пунктом 2, а также в качестве канала для обмена информацией в соответствии с пунктом 3 раз- дела по Механизму человеческого измерения, как он изложен в Итоговом документе Вен- ской встречи; • получая комментарии от государств, в которых побывали имеющие отношение к челове- ческому измерению миссии СБСЕ, не являющиеся миссиями в рамках Механизма чело- веческого измерения: Бюро будет направлять доклады таких миссий, а также возможные комментарии всем государствам-участникам, имея в виду их обсуждение на следую- щем совещании по рассмотрению выполнения или следующей конференции по обзору; • принимая участие в миссиях или предпринимая их по поручению Совета или КСДЛ:
(5b) выступать в качестве центра информации: • касающейся чрезвычайного положения, как это предусмотрено в пункте 28.10 Документа Московского совещания Конференции по человеческому измерению; • касающейся списков кандидатов и помощи, например в области переписи населения, или демократии на местном и региональном уровнях, а также проведения националь- ных семинаров по этим вопросам;
(5с) оказывать помощь в других видах деятельности в области человеческого измерения, включая создание демократических институтов, следующим образом: • выполняя задачи, определенные в «Программе координированной помощи недавно при- нятым государствам-участникам»;
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• организуя «семинары по проблемам демократического процесса» в ответ на просьбы госу- дарств-участников. В отношении этих семинаров будут применяться те же процедурные положения, что и изложенные в «Программе координированной помощи недавно при- нятым государствам-участникам»; • содействуя в рамках ресурсов, имеющихся в его распоряжении, подготовке семинаров по просьбе одного или нескольких государств-участников; • предоставляя, при необходимости, технические средства и возможности Верховному комиссару по делам национальных меньшинств; • осуществляя, при необходимости, контакты с соответствующими международными и неправительственными организациями; • проводя консультации и сотрудничество с соответствующими органами Совета Европы и связанными с ним организациями, а также изучая вопрос о том, как они могут, при необходимости, способствовать деятельности БДИПЧ. БДИПЧ будет также по просьбе государств-участников пред оставлять им информацию об осуществляемых в рамках Совета Европы программах, открытых для всех государств-участников.
(6) Деятельность по вопросам человеческого измерения, осуществляемая БДИПЧ, может, в частности, способствовать раннему предупреждению в деле предотвращения конфликтов.
Механизм человеческого измерения
(7) В целях приведения Механизма человеческого измерения в соответствие с существую- щими структурами и институтами СБСЕ государства-участники принимают следующее решение:
Любое из государств-участников, если оно считает это необходимым, может предоставить государствам-участникам через БДИПЧ, которое также может служить местом проведе- ния двусторонних встреч в соответствии с пунктом 2, либо по дипломатическим каналам информацию о ситуациях и случаях, ставших предметом запросов по пунктам 1 и 2 главы Итогового документа Венской встречи, озаглавленной «Человеческое измерение СБСЕ», или о результатах этих процедур. Такая информация может обсуждаться на встречах КСДЛ, совещаниях по рассмотрению выполнения, посвященных вопросам человеческого изме- рения, и конференциях по обзору.
(8) Процедуры, касающиеся покрытия расходов на миссии экспертов и докладчиков в рам- ках Механизма человеческого измерения, могут быть рассмотрены в свете накопленного опыта на следующей конференции по обзору.
Выполнение
Совещания по рассмотрению выполнения, посвященные вопросам человеческого измерения
(9) Каждый год, когда не будет проводиться конференция по обзору, БДИПЧ будет органи- зовывать у себя в штаб-квартире трехнедельное совещание всех государств-участников на уровне экспертов для обзора выполнения обязательств по СБСЕ в области человеческого измерения. Это совещание будет выполнять следующие задачи:
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(9а) Проводить подробный обмен мнениями о выполнении обязательств в области чело- веческого измерения, включая обсуждение информации, представленной в соответствии с пунктом 4 раздела по Механизму человеческого измерения, и тех аспектов докладов мис- сий СБСЕ, которые относятся к человеческому измерению, а также осуществлять рассмо- трение путей и средств совершенствования процесса выполнения;
(9b) проводить оценку процедур наблюдения за выполнением обязательств. (10) Совещание по рассмотрению выполнения может предложить вниманию КСДЛ меры, которые, по его мнению, необходимо принять для совершенствования процесса выполнения.
(11) На совещании по рассмотрению выполнения согласованный документ подготавли- ваться не будет.
(12) Письменные вклады и информационные материалы будут предназначаться для общего или для ограниченного распространения в соответствии с указаниями представившего их государства.
(13) Заседания совещаний по рассмотрению выполнения будут официальными и неофици- альными. Все официальные заседания будут открытыми. Кроме того, государства-участ- ники могут, в зависимости от каждого конкретного случая, принять решение о том, чтобы сделать открытыми неофициальные заседания.
(14) Совещания по рассмотрению выполнения будут предлагать Совету Европы, Европей- ской Комиссии «Демократия через закон». Европейскому банку реконструкции и развития (ЕБРР), а также другим соответствующим международным организациям и учреждениям принять участие в заседаниях и внести вклад в их работу.
(15) Неправительственные организации, обладающие соответствующим опытом в обла- сти человеческого измерения, приглашаются делать письменные представления, напри- мер через БДИПЧ, совещанию по рассмотрению выполнения и, с учетом их письменных представлений, могут быть приглашены совещанием сделать в соответствующих случаях устные заявления по конкретным вопросам. Обязательства ОБСЕ в области человеческого измерения 159 Хельсинки 1992 г.
(16) В ходе совещания по рассмотрению выполнения будут выделены две половины рабочего дня, когда официальные заседания проводиться не будут, чтобы предоставить дополни- тельные возможности для потенциальных контактов с НПО. С этой целью в месте прове- дения совещания в распоряжение НПО будет предоставляться зал.
Семинары по человеческому измерению СБСЕ
(17) Под общим руководством КСДЛ БДИПЧ будет организовывать семинары по челове- ческому измерению СБСЕ, посвященные рассмотрению конкретных вопросов, имеющих непосредственное отношение к человеческому измерению и являющихся актуальными в политическом плане. КСДЛ будет принимать ежегодную программу работы семинаров, включая их названия и сроки проведения. Повестка дня и организационные условия каж- дого семинара будут утверждаться КСДЛ не позднее, чем за три месяца до его начала. При этом КСДЛ будет принимать во внимание мнения, высказанные БДИПЧ. В отсутствие иного решения семинары будут проводиться в штаб-квартире БДИПЧ, и их продолжительность будет составлять не более одной недели. Программа работы будет составляться с учетом работы соответствующих международных организаций и учреждений.
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(18) Эти семинары будут организованы на принципах открытости и гибкости. Для участия в работе и внесения вклада на семинары могут быть приглашены соответствующие меж- дународные организации и институты, а также НПО, имеющие соответствующий опыт. Независимые эксперты, участвующие в работе семинара в качестве членов национальных делегаций, также будут иметь возможность выступить в личном качестве.
(19) Заседания на семинарах СБСЕ будут официальными и неофициальными. Все офици- альные заседания будут открытыми. Кроме того, государства-участники могут, в зависи- мости от каждого конкретного случая, принять решение о том, чтобы сделать открытыми неофициальные заседания.
(20) Согласованного документа либо программ дальнейших действий на семинарах СБСЕ вырабатываться не будет.
(21) Вклады независимых экспертов будут предназначаться для общего распространения.
(22) Для скорейшего начала новой серии семинаров по человеческому измерению СБСЕ государства-участники принимают на Хельсинкской встрече в рамках дальнейших шагов решение о том, что БДИПЧ организует следующие четыре семинара: • по проблемам миграции; • по изучению конкретных проблем национальных меньшинств положительные резуль- таты их решения; • по проблемам терпимости; • по свободным средствам информации.
Эти семинары будут проведены до 31 декабря 1993 года. Повестка дня и условия проведе- ния этих семинаров будут определены КСДЛ. Семинары по рабочим-мигрантам и по вопро- сам местной демократии будут включены в первую годовую программу работы семинаров. КСДЛ будет держать в поле зрения вопросы, связанные с финансовыми последствиями осу- ществления программы семинаров.
Усиление обязательств и сотрудничества в области человеческого измерения
Национальные меньшинства
Государства-участники
(23) Подтверждают самым решительным образом свое намерение выполнять без промедле- ния и добросовестно все свои обязательства по СБСЕ, включая обязательства, изложенные в Итоговом документе Венской встречи, Копенгагенском документе и Докладе Женевского совещания, в отношении вопросов, касающихся национальных меньшинств и прав при- надлежащих к ним лиц.
(24) В этой связи они активизируют свои усилия по обеспечению свободного осуществле- ния принадлежащими к национальным меньшинствам лицами, на индивидуальной основе и совместно с другими, своих прав человека и основных свобод, включая право участвовать в полной мере в соответствии с демократическими процедурами принятия решений каж- дого государства в политической, экономической, социальной и культурной жизни своих
127 Хельсинки, 1992 г
стран, в том числе на основе демократического участия в работе директивных и консуль- тативных органов на национальном, региональном и местном уровнях, в частности, в рам- ках политических партий и ассоциаций.
(25) Будут продолжать изучение на основе усилий в одностороннем, двустороннем и мно- гостороннем порядке дальнейших возможностей более эффективного выполнения своих соответствующих обязательств по СБСЕ, включая обязательства, связанные с защитой и созданием условий для поощрения этнической, культурной, языковой и религиозной самобытности национальных меньшинств.
(26) Будут решать проблемы национальных меньшинств в конструктивном духе, мирными средствами и путем диалога между всеми заинтересованными сторонами на основе прин- ципов и обязательств СБСЕ.
(27) Будут воздерживаться от практики переселения и осуждать все попытки осуществить переселение, прибегая к угрозе силой или ее применению, с целью изменения этнического состава районов в пределах их территорий.
(28) Поручают БДИПЧ организовать весной 1993 года семинар СБСЕ в области человече- ского измерения «Изучение конкретных проблем национальных меньшинств: положитель- ные результаты их решения».
Коренное население
Государства-участники,
(29) Отмечая, что лица, принадлежащие к коренному населению, могут сталкиваться с осо- быми проблемами при осуществлении своих прав, соглашаются, что их обязательства по СБСЕ в отношении прав человека и основных свобод в полной мере и без дискриминации применимы к таким лицам.
Терпимость и недискриминация
Государства-участники
(30) Выражают свою обеспокоенность в связи с недавними вопиющими проявлениями нетерпимости, дискриминации, агрессивного национализма, ксенофобии, антисемитизма и расизма и подчеркивают важнейшую роль терпимости, взаимопонимания и сотрудни- чества в деле создания и сохранения устойчивых демократических обществ. (…)
(32) Изучат возможности соблюдения Международной конвенции о ликвидации всех форм расовой дискриминации, если они еще не сделали этого.
(33) Изучат возможность принятия в рамках своих конституционных систем и в соответ- ствии с их международными обязательствами соответствующих мер, которые обеспечивали бы для всех лиц, находящихся на их территории, защиту от дискриминации по расовым, этническим и религиозным признакам, а также защищали бы всех лиц, включая иностран- цев, от актов насилия, в том числе по любому из этих признаков. Кроме того, они будут
128 Хельсинки, 1992 г
в полной мере использовать свои внутренние юридические процедуры, включая обеспе- чение соблюдения существующих законов в этом отношении.
(34) Изучат возможность разработки программ по созданию условий для развития прин- ципов недискриминации и углубления взаимопонимания между представителями раз- личных культур, упор в рамках которых будет сделан на просветительскую деятельность в области прав человека, мероприятия, сориентированные на рядовых граждан, а также на обучение и исследования в области культурного многообразия.
(35) Вновь подтверждают в этой связи необходимость разработки соответствующих про- грамм, направленных на решение проблем их граждан, принадлежащих к общинам рома и другим группам, традиционно называемым цыганами, а также необходимость создания условий, в которых эти лица будут иметь равные возможности в полной мере участвовать в жизни общества, и изучат пути сотрудничества для достижения этой цели.
Рабочие-мигранты
Государства-участники
(36) Вновь заявляют, что права человека и основные свободы являются всеобщими и что рабочие-мигранты также пользуются этими правами и свободами, независимо от места их проживания, а также подчеркивают важность выполнения всех обязательств по СБСЕ в отношении рабочих-мигрантов и их семей, законно проживающих на территории госу- дарств-участников.
(37) Будут способствовать созданию условий для развития более гармоничных отношений между рабочими-мигрантами и обществом государства-участника, в котором они законно проживают. С этой целью они будут, в частности, принимать меры, направленные на то, чтобы способствовать освоению рабочими-мигрантами и их семьями языков и ознаком- лению с общественной жизнью соответствующего государства-участника, в котором они законно проживают, с тем, чтобы предоставить им возможность участвовать в жизни обще- ства принимающей страны.
(38) Будут в соответствии со своей внутренней политикой, своими внутренними законами и международными обязательствами стремиться в соответствующих случаях к созданию для законно проживающих и работающих рабочих-мигрантов условий, способствующих обеспечению равных возможностей в том, что касается условий труда, образования, соци- ального обеспечения и здравоохранения, обеспечения жильем, возможности участия в про- фсоюзной деятельности, а также культурных прав.
Беженцы и перемещенные лица
Государства-участники
(39) Выражают свою озабоченность в отношении проблемы беженцев и перемещенных лиц.
(40) Указывают на важность предотвращения ситуаций, которые могут привести к мас- совым потокам беженцев и перемещенных лиц, и подчеркивают необходимость выявле- ния и рассмотрения коренных причин перемещения и вынужденной миграции населения.
129 Хельсинки, 1992 г
(41) Признают необходимость в международном сотрудничестве, направленном на решение проблем, связанных с массовыми потоками беженцев и перемещенных лиц.
(42) Признают, что случаи перемещения часто являются результатом нарушений обяза- тельств по СБСЕ, в том числе обязательств, связанных с человеческим измерением.
(43) Вновь подтверждают важность существующих международных стандартов и докумен- тов, касающихся защиты беженцев и оказания им помощи, и рассмотрят вопрос о присо- единении к Конвенции о статусе беженцев и к Протоколу, если они еще не сделали этого.
(44) Признают важное значение деятельности Верховного комиссара Организации Объеди- ненных Наций по делам беженцев и Международного Комитета Красного Креста, а также неправительственных организаций, занимающихся оказанием помощи, для обеспечения защиты беженцев и перемещенных лиц и оказания им содействия.
(45) Приветствуют и поддерживают нацеленные на поиск долговременных решений односто- ронние, двусторонние и многосторонние усилия по обеспечению защиты беженцев и пере- мещенных лиц и оказанию им помощи. (…)
Международное гуманитарное право
Государства-участники
(47) Напоминают, что международное гуманитарное право основывается на неотъемлемом достоинстве человеческой личности.
(48) Будут при любых обстоятельствах уважать и обеспечивать уважение международного гуманитарного права, включая защиту гражданского населения.
(49) Напоминают, что те, кто нарушает международное гуманитарное право несут за свои действия личную ответственность.
(50) Признают существенно важную роль Международного Комитета Красного Креста в содействии осуществлению и развитию международного гуманитарного права, включая Женевские конвенции и их соответствующие Протоколы.
(51) Вновь подтверждают свое обязательство оказывать всемерную поддержку Междуна- родному Комитету Красного Креста, а также Обществам Красного Креста и Красного Полу- месяца и организациям системы Организации Объединенных наций, особенно в периоды вооруженных конфликтов, уважать их защитные эмблемы, предотвращать злоупотребление этими эмблемами и, когда это необходимо, прилагать все усилия для обеспечения доступа в соответствующие районы.
(52) Заявляют о приверженности выполнению своего обязательства вести просветитель- скую деятельность и распространять информацию в отношении своих обязательств в рам- ках международного гуманитарного права.
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Демократия на местном и региональном уровне
Государства-участники
(53) В целях усиления процесса демократического участия и становления институтов и в порядке развития сотрудничества между собой будут стремиться к обмену их соответ- ствующим опытом по проблемам функционирования демократии на местном и региональ- ном уровне, и в этой связи приветствуют деятельность информационной и просветительской сети Совета Европы в этой области.
(54) Будут содействовать контактам и поощрять различные формы сотрудничества между соответствующими органами на местном и региональном уровнях.
Гражданство
Государства-участники
(55) Признают, что каждый человек имеет право на гражданство и что никто не может быть произвольно лишен своего гражданства.
(56) Подчеркивают, что все аспекты гражданства будут регулироваться законодательным процессом. При необходимости они будут принимать меры, соответствующие конститу- ционному устройству их стран, с тем, чтобы число лиц без гражданства не увеличивалось.
(57) Будут продолжать обсуждение этих вопросов в рамках СБСЕ.
Смертная казнь
Государства-участники
(58) Подтверждают свои обязательства, содержащиеся в Копенгагенском и Московском документах, в отношении вопроса о смертной казни.
Свободные средства информации
Государства-участники
(59) Поручают БДИПЧ организовать семинар СБСЕ в области человеческого измерения, посвященный свободным средствам массовой информации, который состоит в 1993 году. Семинар должен будет способствовать обсуждениям, показам, установлению контактов и обмену информацией между представителями государственных органов и работниками средств массовой информации. Обязательства ОБСЕ в области человеческого измерения 165 Хельсинки 1992 г.
Образование
Государства-участники,
(60) Учитывая важное значение образования для распространения идей демократии, прав человека и демократического устройства, особенно в период перемен, будут приветствовать
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организацию Советом Европы с этой целью семинара «Образование: структуры, политика и стратегии», открытого для всех государств-участников.
Сборник обязательств в области человеческого измерения
Государства-участники
(61) Приветствуют подготовку сборников существующих обязательств по СБСЕ в области человеческого измерения, призванную способствовать углублению понимания этих обя- зательств и таким образом их выполнению.
Руководящие принципы в области осуществления национального законодательства
Государства-участники
(62) Будут, при необходимости, способствовать разработке руководящих принципов для оказания содействия эффективному осуществлению национального законодательства по вопросам прав человека, относящимся к обязательствам по СБСЕ. (…)
132 Документ третьей встречи Совета министров Стокгольм, 1992 г.
Резюме выводов стокгольмской встречи Совета
Формирование новой Европы: роль СБСЕ (…)
Министры выразили неизменную решимость использовать СБСЕ для развития прав чело- века, демократии, верховенства закона и экономической свободы в качестве основы мира, безопасности и стабильности в районе СБСЕ, а также предотвращать, регулировать и раз- решать конфликты в районе СБСЕ.
Министры осудили широкое применение силы в Европе, которое привело к дальнейшему нарастанию насилия и ненависти. Они решительно высказались против продолжающихся грубых нарушений прав человека. Они выразили решимость противодействовать ширя- щимся проявлениям расизма, антисемитизма и всех форм нетерпимости в районе СБСЕ. (…)
К важным аспектам стратегии СБСЕ относятся: (…) • акцентирование способности СБСЕ обеспечивать раннее предупреждение путем назна- чения Верховного комиссара по делам национальных меньшинств, который будет в пол- ной мере располагать политической поддержкой всех государств-участников; • активное использование миссий и представителей в порядке осуществления превен- тивной дипломатии для содействия развитию диалога и стабильности и в целях ран- него предупреждения; (…) • эффективное использование миссий и представителей в кризисных точках в рамках стра- тегии консультаций, переговоров и совместных действий с целью ограничения масшта- бов конфликтов, прежде чем они приобретут насильственный характер; • сотрудничество, в соответствующих случаях, с международными организациями и отдельными государствами-участниками с целью обеспечить использование широ- кого круга механизмов и процедур СБСЕ, включая поддержание мира; • интенсификация усилий по устранению глубинных причин конфликтов с использова- нием всех аспектов человеческого измерения СБСЕ и с более предметным привлечением неправительственных организаций и отдельных граждан к работе СБСЕ; • обеспечение того, чтобы все правительства отвечали друг перед другом за свои действия по отношению к их гражданам и соседним государствам и чтобы отдельные лица несли
133 Стокгольм, 1992 г
личную ответственность за военные преступления и действия в нарушение междуна- родного гуманитарного права; (…)
Решения (…)
2. СБСЕ как система общих ценностей
Принятая СБСЕ комплексная концепция безопасности непосредственно увязывает мир, безопасность и процветание с соблюдением прав человека и демократических свобод. Мно- гие из нынешних проблем объясняются невыполнением обязательств и принципов СБСЕ.
Механизмы человеческого измерения СБСЕ все шире используются в качестве главной основы усилий СБСЕ по раннему предупреждению и предотвращению конфликтов. Их дальнейшее развитие и применение значительно укрепят способность СБСЕ направлять свои усилия на коренные причины напряженности и совершенствовать свои механизмы раннего предупреждения о потенциально опасных ситуациях.
Министры приветствовали возросшую роль Бюро по демократическим институтам и пра- вам человека и назначение Верховного комиссара по делам национальных меньшинств в качестве особо полезных шагов в направлении более полного включения человеческого измерения в политические консультации и согласованные действия государств-участни- ков. (…) Они выразили надежду, что недавно принятые государства-участники будут особо использовать возможности, предоставляемые этими институтами.
Выполнение обязательств в рамках СБСЕ имеет фундаментальное значение. Контроль за выполнением обязательств позволяет правительствам государств-участников получать важ- нейшую информацию, на основе которой может осуществляться выработка политики. (…)
Министры выразили глубочайшую озабоченность недавними проявлениями агрессив- ного национализма, ксенофобии, антисемитизма, расизма и другими нарушениями прав человека. Нарушения международного гуманитарного права и принципов и обязательств в рамках СБСЕ, такие, как «этнические чистки» или массовая депортация, ставят под угрозу сохранение мира, безопасность и демократию и являются недопустимыми. Они выразили уверенность в том, что СБСЕ и, в частности, Комитет старших должностных лиц и Верхов- ный комиссар по делам национальных меньшинств должны уделять все большее внима- ние этим угрозам в отношении прав человека и основных свобод. КСДЛ представит Совету министров доклад по этому вопросу на его следующей встрече, когда Совет будет рассма- тривать развитие событий.
Министры подчеркнули также важную роль, которую человеческое измерение СБСЕ должно играть в предотвращении конфликтов в более долгосрочном плане. Они указали на необхо- димость позитивных действий, нацеленных на развитие понимания, терпимости и превен- тивных действий на национальном и местном уровне. Они особо отметили значение прямых контактов между правительственными и неправительственными экспертами посредством проведения ряда семинаров по вопросам человеческого измерения, успешное начало чему было положено Семинаром СБСЕ по проблемам терпимости (…)
134 Стокгольм, 1992 г
Обостряющаяся проблема беженцев и перемещенных лиц является вопросом, вызывающим серьезную озабоченность всех государств-участников, особенно удовлетворение основных человеческих потребностей. Министры выразили сожаление в связи с тяготами граждан- ского населения, наиболее пострадавшего в результате подобных конфликтов, и обрати- лись с призывом ко всем государствам-участникам внести вклад в согласованные усилия по разделению этого общего бремени. Правительства всех стран несут ответственность друг перед другом за свое поведение в отношении своих граждан и своих соседей. Отдельные лица должны нести личную ответственность за военные преступления и действия в нару- шение международного гуманитарного права. (…)
3. Верховный комиссар по делам национальных меньшинств
Совет назначил г-на Макса ван дер Стула Верховным комиссаром СБСЕ по делам нацио- нальных меньшинств (ВКНМ) для укрепления потенциала СБСЕ в области раннего преду- преждения и превентивной дипломатии. Верховный комиссар будет действовать в рамках мандата, изложенного в Хельсинкском документе.
Министры высказались в поддержку Верховного комиссара и выразили готовность сотруд- ничать с ним при решении стоящей перед ним сложной, но весьма важной задачи выяв- ления на возможно более ранней стадии и сдерживания масштабов трений по вопросам, которые связаны с национальными меньшинствами и потенциально могут перерасти в кон- фликт в районе СБСЕ.
Министры призвали Верховного комиссара вести тщательное изучение потенциальных районов напряженности, посещать любые государства-участники и проводить широкие обсуждения на всех уровнях со сторонами, непосредственно вовлеченными в такие ситу- ации. В этой связи Верховный комиссар может обсуждать стоящие вопросы со сторонами и, в соответствующих случаях, содействовать развитию диалога, доверия и сотрудничества между ними на всех уровнях с целью содействовать достижению политических решений в соответствии с принципами и обязательствами, принятыми в рамках СБСЕ.
Министры обязались предоставлять Верховному комиссару имеющуюся в их распоряже- нии соответствующую информацию по вопросам национальных меньшинств, полностью уважая независимость Верховного комиссара в соответствии с мандатом.
135 Документ четвертой встречи Совета министров Рим, 1993 г.
СБСЕ и новая Европа – наша безопасность неделима (…)
Министры выразили глубокую озабоченность по поводу распространения угрозы миру и стабильности при сохранении кризисов, широких проявлений насилия и открытой кон- фронтации. Они решительно осудили все более частые случаи нарушения прав человека и гуманитарного права, а также попытки насильственного захвата территорий со стороны некоторых стран. Необходимо в срочном порядке ослабить растущий поток беженцев и облегчить ужасные страдания людей, являющиеся следствием вооруженных конфлик- тов. Министры вновь заявили о личной ответственности лиц, виновных в преступлениях против человечности.
В то же время в некоторых частях региона СБСЕ происходит обнадеживающее укрепление прав человека, демократии и верховенства закона. Министры выразили удовлетворение в связи со все более широким проведением свободных выборов и развитием демократи- ческих институтов, отмечаемым во многих государствах-участниках. Министры выра- зили намерение обеспечить со стороны СБСЕ соответствующую поддержку этих усилий. (…)
Министры подчеркнули необходимость более широкого использования потенциала СБСЕ в области раннего предупреждения и превентивной дипломатии и большей ориентации этой работы на аспект человеческого измерения. Они высоко оценили вклад Верховного комис- сара по делам национальных меньшинств в укрепление этого потенциала. Они также с удов- летворением отметили возросшую роль Бюро по демократическим институтам и правам человека в вопросах человеческого измерения, а также вклад миссий СБСЕ в дело предот- вращения конфликтов и регулирования кризисов. Дальнейшие усилия должны быть направ- лены на расширение возможностей реагировать на потенциальные кризисы на раннем этапе. (…)
Для наполнения содержанием и придания направленности своим обязательствам мини- стры согласовали программу действий, в основу осуществления которой будут положены принятые ими сегодня решения.
Эти решения касаются, в частности, следующих вопросов. (…)
(c) Роль Верховного комиссара по делам национальных меньшинств будет повышена.
136 Рим, 1993 г
(d) В процессе политических консультаций в рамках СБСЕ все в большей мере будет учи- тываться фактор человеческого измерения; будет осуществляться укрепление БДИПЧ. (…)
(j) Будет укрепляться роль СБСЕ в борьбе с агрессивным национализмом, расизмом, шови- низмом, ксенофобией и антисемитизмом.
Решения римской встречи совета (…)
III. Верховный комиссар по делам национальных меньшинств
Учитывая тесную взаимосвязь между вопросами, касающимися национальных меньшинств и предотвращения конфликтов, министры предложили Верховному комиссару по делам национальных меньшинств (ВКНМ) продолжить свои усилия в рамках его мандата. Они признали, что ВКНМ является новаторским и эффективным инструментом в области ран- него предупреждения и превентивной дипломатии. Министры подчеркнули важность пол- ного сотрудничества государств-участников с Верховным комиссаром, а также поддержки в деятельности по осуществлению предложенных им рекомендаций. Они приветствовали решение КСДЛ об увеличении ресурсов, выделяемых для ВКНМ.
IV. Человеческое измерение
1. Министры вновь заявили, что вопросы человеческого измерения являются основопола- гающими в принятой СБСЕ концепции всеобъемлющей безопасности. Они отметили, что в значительной части региона СБСЕ еще предстоит добиться более тщательного соблюде- ния обязательств в области человеческого измерения и выразили особую озабоченность тем, что гражданские лица по-прежнему становятся жертвами зверств в ходе продолжаю- щихся конфликтов в регионе СБСЕ. С тревогой осознавая, что коренные причины напря- женности кроются в исторических предрассудках, министры призвали предпринять усилия, в частности, в рамках просветительской деятельности, направленные на воспитание тер- пимости и осознание принадлежности к системе общих ценностей. Министры особо отме- тили, что выполнение обязательств в области человеческого измерения должно занимать центральное место в усилиях СБСЕ по предотвращению конфликтов.
2. В этих целях министры решили укрепить механизмы предотвращения конфликтов и ран- него предупреждения, существующие в области человеческого измерения СБСЕ. Они под- черкнули в этой связи необходимость расширения сотрудничества и координации действий с соответствующими международными организациями, такими, как Совет Европы, а также с неправительственными организациями.
Были приняты следующие решения:
3. Процесс политических консультаций и миссии СБСЕ • В целях активизации диалога и конкретной деятельности в политической области в рам- ках человеческого измерения органы СБСЕ, ответственные за принятие решений, на регулярной основе будут рассматривать вопросы человеческого измерения; это рассмо- трение будет неотъемлемой частью обсуждения проблем европейской безопасности. БДИПЧ будет предоставлять ресурсы и информацию в интересах такого рассмотрения.
137 Рим, 1993 г
• В мандатах миссий СБСЕ, а также при дальнейшей деятельности на основе докладов миссий будет уделяться большее внимание вопросам человеческого измерения. С этой целью будет повышена роль БДИПЧ в подготовке миссий СБСЕ, в частности в том, что касается предоставления миссиям информации и рекомендаций на основе накопленных БДИПЧ знаний и опыта. • В контексте предотвращения конфликтов и регулирования кризисов КСДЛ и Посто- янный комитет СБСЕ будут в зависимости от случая рассматривать вопрос о массовой миграции, а именно о перемещенных лицах и беженцах, с учетом роли других соответ- ствующих международных органов.
4. Бюро по демократическим институтам и правам человека
Министры приняли решение об усилении роли и активизации деятельности БДИПЧ. В частности, БДИПЧ в соответствии со своим мандатом активизирует деятельность в сле- дующих областях: • создание расширенного банка данных об экспертах в областях, связанных с человече- ским измерением. К государствам-участникам и неправительственным организациям обращается просьба информировать БДИПЧ о наличии экспертов в областях, связан- ных с человеческим измерением; • укрепление роли БДИПЧ во всеобъемлющем наблюдении за процессом выборов; • углубление сотрудничества с соответствующими международными организациями в целях координации деятельности и определения возможных областей для совмест- ных усилий; • получение информации от НПО, обладающих соответствующим опытом в области чело- веческого измерения; • выполнение роли контактного пункта для получения информации, предоставляемой государствами-участниками в соответствии с обязательствами в рамках СБСЕ; • распространение общей информации в области человеческого измерения и междуна- родного гуманитарного права.
Министры постановили, что для выполнения БДИПЧ своих новых задач ему необходимо выделить дополнительные ресурсы. Они обратились к КСДЛ с просьбой рассмотреть вопрос о финансовых и административных последствиях вышеупомянутого укрепления БДИПЧ.
5. Совершенствование Московского механизма
Признавая роль Московского механизма как важного межправительственного средства для осуществления намеченных мероприятий в области человеческого измерения, министры договорились повысить его эффективность и активизировать его использование путем рас- ширения списка кандидатов и сокращения сроков, предусмотренных механизмом. Кроме того, Постоянный комитет СБСЕ будет уполномочен приводить этот механизм в действие, а также предпринимать дальнейшие шаги на основе докладов, подготовленных докладчи- ками. С этой целью было решено предусмотреть для механизма необходимые изменения в соответствии с Приложением А.
6. Деятельность по итогам Совещания по рассмотрению выполнения, посвященного вопро- сам человеческого измерения, и семинаров по человеческому измерению
138 Рим, 1993 г
• Министры отметили важное значение результатов первого Совещания по рассмотрению выполнения, посвященного вопросам человеческого измерения, а также проведенных семинаров в области человеческого измерения. Результаты Совещания по рассмотре- нию выполнения, посвященного вопросам человеческого измерения, получили высо- кую оценку, и КСДЛ, а также Постоянному комитету СБСЕ было поручено рассмотреть вопрос о соответствующих дальнейших шагах. • Поставлена цель активизировать предпринимаемую политическими органами СБСЕ деятельность во исполнение положений резюме выводов совещаний и Обязательства ОБСЕ в области человеческого измерения 175 Рим 1993 г. семинаров в области человече- ского измерения. БДИПЧ предлагается в консультации с заинтересованными государ- ствами-участниками представить новые предложения о соответствующих действиях в рамках дальнейших шагов, вытекающие из итогов семинаров в области человеческого измерения, для рассмотрения на предстоящих встречах КСДЛ или Постоянного комитета. • Министры дали высокую оценку работе, проделанной на семинаре по свободным сред- ствам информации, в целях поддержки творчески независимых средств радио- и теле- вещания и свободной прессы. Они вновь заявили о своем намерении защищать свободу выражения мнений, являющуюся одним из основных прав человека, и подчеркнули необ- ходимость в независимых средствах информации для обеспечения свободы и открытости общества. В этих целях министры приняли решение о необходимости лучшего исполь- зования механизмов СБСЕ в области человеческого измерения для содействия развитию открытых и разнообразных средств информации, в том числе изучения соответствую- щих возможностей миссий СБСЕ. • До будапештской Конференции по обзору будут проведены семинары в области чело- веческого измерения по вопросам рабочих-мигрантов, демократии на местном уровне и, если позволят время и ресурсы БДИПЧ, по проблемам народности рома в регионе СБСЕ. Следует рассмотреть и другие темы, поднятые в ходе Совещания по рассмотрению выполнения, посвященного вопросам человеческого измерения, на предмет их включе- ния в программу семинаров на 1995 год и последующий период. (…)
VIII. Интеграция недавно принятых государств-участников (…)
2. Министры особо отметили важность человеческого измерения в деле дальнейшей инте- грации недавно принятых государств-участников. Министры выразили надежду на то, что, хотя многие из недавно принятых государств-участников переживают сейчас трудный период политических и экономических преобразований, они сделают все от них завися- щее для обеспечения выполнения в этих странах всех принципов и обязательств, приня- тых в рамках СБСЕ, и в период кризиса. Они высоко оценили роль БДИПЧ в содействии развитию демократических институтов в недавно принятых государствах-участниках. Они предложили БДИПЧ активизировать свои усилия по определению и осуществлению проектов сотрудничества с этими государствами в рамках Программы координированной помощи. Они также отметили важный вклад организованных БДИПЧ семинаров по чело- веческому измерению в углубление понимания проблем, возникающих в процессе интегра- ции. Они пришли к согласию относительно важности полнейшего использования опыта, накопленного на таких семинарах. (…)
139 Рим, 1993 г
X. Декларация об агрессивном национализме, расизме, шовинизме, ксенофобии и антисемитизме
1. Напоминая о своих решениях, принятых на стокгольмской Встрече Совета, министры с глубокой озабоченностью отметили растущие проявления агрессивного национализма, такие, как территориальный экспансионизм, а также расизм, шовинизм, ксенофобия и анти- семитизм. Они прямо противоречат принципам и обязательствам, принятым в рамках СБСЕ.
2. Министры также отметили, что эти явления могут привести к проявлению насилия, стремлению к отделению с применением силы и к раздорам на этнической почве, а в наи- худших случаях к варварской практике массовых депортаций, этнических чисток и наси- лию в отношении невинных гражданских лиц.
3. Агрессивный национализм, расизм, шовинизм, ксенофобия и антисемитизм создают обстановку этнической, политической и социальной напряженности в государствах и в отно- шениях между ними. Они также подрывают международную стабильность и предпри- нимаемые во всем мире усилия с целью прочного закрепления всеобщих прав человека.
4. Министры сосредоточили внимание на необходимости срочных действий с целью прочного обеспечения строгого соблюдения норм международного гуманитарного права, включая преследование и наказание виновных в военных преступлениях и в других пре- ступлениях против человечества.
5. Министры согласились с тем, что СБСЕ должно играть важную роль в этих усилиях. Ясные стандарты поведения, отраженные в обязательствах СБСЕ, включают активную поддержку обеспечения равных прав каждого человека в соответствии с международным правом, а также защиты национальных меньшинств.
6. Министры постановили уделять этому вопросу первоочередное внимание в рамках дея- тельности СБСЕ и в этой связи решили: • поручить Постоянному комитету изучить вопрос о возможных последующих шагах; • предложить Верховному комиссару по делам национальных меньшинств в связи с его мандатом уделить особое внимание всем аспектам агрессивного национализма, расизма, шовинизма, ксенофобии и антисемитизма; • предложить БДИПЧ обратить особое внимание на подобные явления и по мере необхо- димости использовать ресурсы для решения этих проблем. (…)
Приложение A
В процедуры, изложенные в пунктах 3, 7, 11, 13 и 14 Документа Московского совещания Кон- ференции по человеческому измерению СБСЕ 1991 года, вносятся изменения; эти положе- ния изложены в следующих формулировках (все изменения выделены подчеркиванием):
(3) В институте СБСЕ без задержек будет составлен список кандидатов, включающий до трех экспертов от каждого государства-участника. В качестве экспертов должны выступать известные специалисты, – в том числе, при возможности, обладающие опытом в вопро- сах, связанных с национальными меньшинствами, – желательно имеющие опыт в области человеческого измерения, которые могли бы беспристрастно выполнять свои функции.
140 Рим, 1993 г
Эксперты назначаются на срок от трех до шести лет по усмотрению назначающего государ- ства, при этом ни один эксперт не может выполнять свои функции более двух сроков под- ряд. В течение четырех недель после уведомления институтом СБСЕ о назначении любое государство-участник может сделать оговорки в отношении не более чем двух экспертов, подлежащих назначению другим государством-участником. В этом случае назначающее государство может в течение четырех недель с момента уведомления об этих оговорках пересмотреть свое решение и назначить другого эксперта или экспертов; если же оно под- твердит первоначально намеченное назначение, то соответствующий эксперт не может при- нимать участие в каких-либо процедурах в отношении сделавшего оговорку государства без прямого согласия такого государства.
Использование списка кандидатов начинается после назначения 45 экспертов.
(7) Миссия экспертов как можно скорее представляет свои соображения приглашающему государству, желательно в течение трех недель после образования миссии. Приглашающее государство направляет соображения миссии наряду с изложением любых мер, которые оно приняло или намеревается принять по этому вопросу, другим государствам-участникам через институт СБСЕ не позднее чем через две недели после представления соображений.
Эти соображения и любые замечания приглашающего государства могут обсуждаться Комитетом старших должностных лиц, который может рассмотреть вопрос о любых воз- можных последующих мерах.
Конфиденциальный характер соображений и замечаний сохраняется до тех пор, пока они не будут доведены до сведения старших должностных лиц. До распространения соображений и любых замечаний не может быть назначена другая миссия экспертов по тому же вопросу.
(11) Докладчик(и) СБСЕ устанавливают факты, составляют по ним доклад и могут давать рекомендации относительно возможных решений поднятого вопроса. Доклад докладчика (докладчиков), содержащий изложение фактов, предложения или рекомендации, представ- ляется соответствующему государству-участнику или соответствующим государствам-у- частникам и, если все соответствующие государства не договорятся об ином, институту СБСЕ не позднее чем через две недели после назначения последнего докладчика. Запра- шиваемое государство представляет институту СБСЕ любые соображения по докладу, если все соответствующие государства не договорятся об ином, не позднее чем через две недели после его представления.
Институт СБСЕ без задержек направляет доклад, а также любые соображения запрашива- емого или любого другого государства-участника всем государствам-участникам. Вопрос о докладе будет включен в повестку дня следующего очередного заседания Комитета стар- ших должностных лиц или Постоянного комитета СБСЕ, которые могут принять решение о любых возможных последующих действиях. Конфиденциальный характер доклада сохра- няется до завершения этого заседания Комитета. До распространения доклада по тому же вопросу не может быть назначено других докладчиков.
(13) По просьбе любого государства-участника Комитет старших должностных лиц или Постоянный комитет СБСЕ может принять решение об образовании миссии экспертов или докладчиков СБСЕ. В этом случае Комитет также определяет, будут ли применяться соответствующие положения предшествующих пунктов.
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(14) Государство-участник или государства-участники, обратившиеся с просьбой об обра- зовании миссии экспертов или докладчиков, оплачивают расходы этой миссии. В случае назначения экспертов или докладчиков во исполнение решения Комитета старших долж- ностных лиц или Постоянного комитета СБСЕ расходы оплачиваются государствами-участ- никами в соответствии с обычной шкалой распределения расходов. Обзор этих процедур будет произведен на Хельсинкской встрече в рамках дальнейших шагов СБСЕ.
142 Будапештский документ: на пути к подлинному партнерству в новую эпоху (Встреча на высшем уровне)
Будапешт, 1994 г.
Декларация будапештской встречи на высшем уровне (…)
7. (…) Демократические ценности СБСЕ имеют основополагающее значение для реализа- ции нашей цели построения сообщества наций, свободного как от старых, так и от новых разделительных линий, в котором в полной мере уважаются суверенное равенство и неза- висимость всех государств, не существует никаких сфер влияния и принимаются энер- гичные меры по защите прав человека и основных свобод для всех людей независимо от расы, цвета кожи, пола, языка, религии, социального происхождения или принадлежно- сти к какому либо меньшинству. (…)
14. Мы подтверждаем важную роль человеческого измерения во всех видах деятельно- сти СБСЕ. Уважение прав человека и основных свобод, демократии и верховенства закона является необходимым компонентом безопасности и сотрудничества в регионе СБСЕ. Оно должно оставаться одной из главных целей деятельности СБСЕ. Чрезвычайно важное зна- чение в области человеческого измерения имеют периодические обзоры выполнения наших обязательств, с самого начала играющие кардинальную роль в СБСЕ. Бюро по демократи- ческим институтам и правам человека, возможности которого будут расширены, продол- жит оказание содействия государствам-участникам, особенно тем, которые находятся на переходном этапе. Мы подчеркиваем важность контактов между людьми в преодолении наследия былых расколов. (…)
Будапештские решения
I. Укрепление СБСЕ
1. Начавшаяся новая эпоха безопасности и сотрудничества в Европе принесла с собой коренные изменения в СБСЕ и резкое возрастание его роли в формировании нашего общего пространства безопасности. Этот факт найдет отражение в новом названии СБСЕ, кото- рое отныне будет именоваться Организацией по безопасности и сотрудничеству в Европе
143 Будапешт, 1994 г
(ОБСЕ). Это новое название будет использоваться с 1 января 1995 года. Начиная с этой даты все упоминания о СБСЕ будут рассматриваться как упоминания об ОБСЕ. (…)
3. Главы государств и правительств постановили, что в дальнейшем роль и функции СБСЕ будут заключаться, в частности, в том, чтобы: (…)
5. – обеспечивать полное выполнение всех обязательств, принятых в рамках СБСЕ; (…) 11. – развивать и далее деятельность СБСЕ в сфере прав человека и основных свобод, а также в других областях человеческого измерения; (…)
14. Деятельность СБСЕ по достижению этих целей будет строиться следующим образом.
15. Следующая Встреча глав государств и правительств состоится в 1996 году в Лиссабоне; ей будет предшествовать подготовительное совещание. На Встрече будет принято решение о частоте проведения дальнейших встреч на высшем уровне.
16. Совет министров (ранее Совет СБСЕ) в качестве центрального руководящего органа СБСЕ, ответственного за принятие решений, будет собираться на свои встречи на уровне министров иностранных дел, как правило, незадолго до окончания срока полномочий каж- дого Председателя.
17. Руководящий совет (РС, который заменит собой Комитет старших должностных лиц) будет собираться на свои встречи в Праге как минимум два раза в год. Дополнительная его встреча будет проводиться перед встречей Совета министров. Руководящий совет будет обсуждать и формулировать руководящие принципы в области политики и общего пла- нирования бюджета. Желательно, чтобы государства-участники были представлены в нем на уровне директоров политических департаментов или на соответствующем ему уровне. Руководящий совет будет также созываться в качестве Экономического форума.
18. Постоянный совет (ранее Постоянный комитет) будет на регулярной основе заниматься проведением политических консультаций и принятием решений. Он также может созы- ваться при возникновении чрезвычайных обстоятельств. В состав Совета будут входить постоянные представители государств-участников, а его заседания будут проводиться в Вене.
19. Общее руководство оперативной деятельностью останется за действующим Председате- лем (ДП). Он будет по прежнему в полной мере использовать свои полномочия, в том числе посредством направления личных представителей. Действующий Председатель будет опи- раться на помощь Тройки. Срок полномочий Председателя будет составлять, как правило, один календарный год.
20. Генеральный секретарь будет продолжать в полной мере использовать свой мандат и в порядке оказания поддержки ДП будет более активно участвовать во всех аспектах управления деятельностью СБСЕ. Он принимает участие во встречах Тройки на уровне министров.
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21. Будет оказываться поддержка дальнейшей деятельности Верховного комиссара по делам национальных меньшинств, а объем выделяемых на его нужды ресурсов будет увеличен. Государства-участники будут активизировать свои усилия по выполнению его рекомен- даций.
22. Постоянный совет будет оказывать политическую поддержку миссиям СБСЕ в их работе и принимать решения о соответствующих дальнейших шагах. Для обеспечения выполне- ния миссиями своих задач государства-участники будут выделять необходимые людские и финансовые ресурсы.
23. Бюро СБСЕ по демократическим институтам и правам человека будет укрепляться в качестве органа, играющего важную роль в деятельности СБСЕ.
24. Действующий Председатель будет продолжать поддерживать тесные контакты и актив- ный диалог с Парламентской ассамблеей (ПА). Он будет выносить рекомендации ПА на рассмотрение Постоянного совета и информировать ПА о деятельности СБСЕ.
25. Существующий порядок обзора выполнения всех обязательств по СБСЕ будет сохра- нен. Совещание по обзору, созываемое перед каждой Встречей на высшем уровне, будет проводиться в Вене. (…)
IV. Кодекс поведения, касающийся военно-политических аспектов Безопасности
Преамбула
Государства-участники Совещания по безопасности и сотрудничеству в Европе (СБСЕ),
признавая необходимость расширять сотрудничество в области безопасности, в том числе путем дальнейшего поощрения соблюдения норм ответственного и основанного на сотруд- ничестве поведения в области безопасности,
подтверждая, что ничто в настоящем Кодексе не уменьшает актуальности и применимо- сти целей и принципов Устава Организации Объединенных Наций или других положе- ний международного права,
вновь подтверждая, что руководящие принципы и общие ценности, которые определены в хельсинкском Заключительном акте, Парижской хартии и в Хельсинкском документе 1992 года и которые воплощают обязательства государств друг перед другом и прави- тельств перед своими народами, равно как и другие обязательства по СБСЕ ни в чем не утратили своей силы,
приняли следующий Кодекс поведения, касающийся военно-политических аспектов без- опасности.
I
1. Государства-участники подчеркивают, что полное уважение всех принципов СБСЕ, вопло- щенных в хельсинкском Заключительном акте, а также добросовестное выполнение всех
145 Будапешт, 1994 г
обязательств, принятых в рамках СБСЕ, имеют основополагающее значение для стабиль- ности и безопасности, и следовательно представляют непосредственный и законный инте- рес для всех государств-участников.
2. Государства-участники подтверждают неизменную актуальность своей всеобъемлющей концепции безопасности, впервые изложенной в Заключительном акте, которая устанав- ливает взаимосвязь между поддержанием мира и уважением прав человека и основных свобод. Она увязывает экономическое и экологическое сотрудничество с мирными межго- сударственными отношениями. (…)
II
6. Государства-участники никоим образом не будут поддерживать террористические акты и будут принимать надлежащие меры для предотвращения терроризма и борьбы с ним во всех его формах. Они будут в полном объеме сотрудничать в борьбе против той угрозы, которую представляет собой террористическая деятельность, путем выполнения поло- жений согласованных ими международно правовых документов и обязательств на этот счет. Они, в частности, будут предпринимать шаги по выполнению требований междуна- родных соглашений, налагающих на них обязательства по судебному преследованию или выдаче террористов. (…)
VI
17. Государства-участники обязуются сотрудничать, в том числе путем создания здоровых экономических и экологических условий, в целях противодействия росту напряженности, способной привести к конфликту. К источникам такой напряженности относятся наруше- ния прав человека и основных свобод, а также других обязательств в области человеческого измерения; миру и безопасности также угрожают проявления агрессивного национализма, расизма, шовинизма, ксенофобии и антисемитизма.
18. Государства-участники подчеркивают важность раннего выявления потенциальных конфликтов, а также своих совместных усилий в области предотвращения конфликтов, регулирования кризисов и мирного урегулирования споров.
19. В случае вооруженного конфликта они будут стремиться содействовать реальному пре- кращению военных действий и стараться создать условия, благоприятные для политиче- ского урегулирования конфликта. Они будут сотрудничать в оказании поддержки акциям гуманитарной помощи, направленным на облегчение страданий гражданского населения, включая содействие передвижению персонала и ресурсов, выделенных для этих целей.
VII
20. Государства-участники рассматривают демократический политический контроль над военными и военизированными силами, силами внутренней безопасности, а также раз- ведывательными службами и полицией как незаменимый элемент стабильности и безо- пасности. Они будут содействовать интеграции своих вооруженных сил с гражданским обществом в качестве важного проявления демократии.
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21. Каждое государство-участник будет постоянно обеспечивать и поддерживать эффектив- ное руководство и контроль над своими военными и военизированными силами и силами безопасности со стороны конституционно учрежденных органов власти, обладающих демо- кратической легитимностью. Каждое государство-участник будет создавать рычаги, позво- ляющие обеспечить выполнение такими органами возложенных на них конституционных и правовых обязанностей. Государства-участники будут четко определять функции и задачи таких сил, а также их обязанность действовать исключительно в конституционных рамках.
22. Каждое государство-участник будет предусматривать утверждение своим законода- тельным органом расходов на оборону. Каждое государство-участник, должным образом учитывая требования национальной безопасности, будет проявлять сдержанность в своих военных расходах и обеспечивать транспарентность и открытый доступ к информации, касающейся вооруженных сил.
23. Каждое государство-участник, предоставляя каждому военнослужащему возможность осуществлять свои гражданские права, будет обеспечивать, чтобы его вооруженные силы как таковые сохраняли политический нейтралитет.
24. Каждое государство-участник будет предусматривать и сохранять в силе меры предот- вращения случайного или несанкционированного использования военных средств.
25. Государства-участники не будут допускать существования сил, неподотчетных их кон- ституционно учрежденным органам власти или не контролируемых ими, и не будут под- держивать такие силы. В случае если государство-участник не в состоянии осуществлять свою власть в отношении таких сил, оно может обратиться с просьбой о проведении кон- сультаций в рамках СБСЕ для рассмотрения необходимых мер.
26. Каждое государство-участник будет в соответствии со своими международными обя- зательствами обеспечивать, чтобы его военизированные силы воздерживались от приоб- ретения способностей к выполнению боевых задач, выходящих за рамки тех, для которых были созданы эти силы.
27. Каждое государство-участник будет обеспечивать, чтобы набор или призыв личного состава на службу в его военных и военизированных силах и силах безопасности осущест- влялся в соответствии с его правовыми и иными обязательствами в отношении прав чело- века и основных свобод.
28. Государства-участники будут отражать в своих законах или других соответствую- щих документах права и обязанности личного состава вооруженных сил. Они рассмотрят вопрос о введении практики освобождения от военной службы или прохождения альтер- нативной службы.
29. Государства-участники будут широко распространять в своих странах документы меж- дународного гуманитарного права, касающегося военных действий. Они в соответствии со своей национальной практикой будут отражать свои обязательства в этой области в своих военных учебных программах и правилах.
30. Каждое государство-участник будет обеспечивать, чтобы личный состав его воо- руженных сил был ознакомлен с положениями международного гуманитарного права, международными гуманитарными правилами, нормами и обязательствами, касающи- мися вооруженных конфликтов, а также осведомлен о том, что он несет индивидуальную
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ответственность согласно национальному законодательству и международному праву за свои действия.
31. Государства-участники будут обеспечивать, чтобы личный состав вооруженных сил, наделенный командными полномочиями, осуществлял их согласно соответствующему национальному законодательству и международному праву, а также чтобы он был осведом- лен о том, что в соответствии с этими правовыми нормами он может привлекаться к инди- видуальной ответственности за противозаконное осуществление таких полномочий и что приказы, противоречащие национальному законодательству и международному праву, отдаваться не должны. Ответственность вышестоящих лиц ни в коей мере не освобождает подчиненных от их собственной индивидуальной ответственности.
32. Каждое государство-участник будет обеспечивать, чтобы личный состав военных и вое- низированных сил и сил безопасности мог пользоваться правами человека и основными свободами и осуществлять их, как они отражены в документах СБСЕ и международном праве, согласно соответствующим конституционным и правовым положениям и требо- ваниям службы.
33. Каждое государство-участник будет обеспечивать принятие соответствующих админи- стративно-правовых процедур для защиты прав личного состава всех его сил.
VIII
34. Каждое государство-участник будет обеспечивать, чтобы в условиях как мирного, так и военного времени руководство, укомплектование личным составом, подготовка и осна- щение его вооруженных сил отвечали положениям международного права и его соответ- ствующим правовым и иным обязательствам, касающимся использования вооруженных сил в ходе вооруженного конфликта, включая, когда это применимо, Гаагские конвенции 1907 и 1954 годов, Женевские конвенции 1949 года и дополнительные протоколы 1977 года к ним, а также Конвенцию 1980 года о применении некоторых видов обычного оружия.
35. Каждое государство-участник будет обеспечивать, чтобы его политика и доктрина в области обороны не противоречили международно-правовым нормам, касающимся использования вооруженных сил, в том числе в ходе вооруженного конфликта, а также соответствующим обязательствам, содержащимся в настоящем Кодексе.
36. Каждое государство-участник будет обеспечивать, чтобы любое решение о направлении его вооруженных сил для выполнения задач в области внутренней безопасности принима- лось в соответствии с конституционными процедурами. В таких решениях будут опреде- ляться задачи, поставленные перед вооруженными силами, и будет обеспечиваться, чтобы эти задачи выполнялись под эффективным контролем конституционно учрежденных орга- нов власти и с соблюдением принципа верховенства закона. В случае если задачи в области внутренней безопасности не могут быть выполнены без применения силы, каждое госу- дарство участник будет обеспечивать, чтобы ее применение было соизмеримо с имеющейся потребностью в принудительных действиях. Вооруженные силы будут принимать долж- ные меры с тем, чтобы избегать нанесения ущерба гражданским лицам или их имуществу.
37. Государства-участники не будут использовать вооруженные силы в целях ограничения мирного и законного осуществления прав человека и гражданских прав лицами, действую- щими в личном качестве либо в качестве представителей групп, или в целях лишения этих лиц их национальной, религиозной, культурной, языковой или этнической самобытности.
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IX
38. Каждое государство-участник несет ответственность за соблюдение настоящего Кодекса. В случае поступления соответствующей просьбы государство-участник будет предостав- лять надлежащие разъяснения относительно выполнения им положений Кодекса. Соответ- ствующие органы, механизмы и процедуры СБСЕ будут использоваться для оценки, обзора и, в случае необходимости, улучшения выполнения настоящего Кодекса.
Х
39. Положения, закрепленные в настоящем Кодексе поведения, носят политически обяза- тельный характер. Соответственно, настоящий Кодекс не подлежит регистрации согласно статье 102 Устава Организации Объединенных Наций. Настоящий Кодекс вступит в силу 1 января 1995 года.
40. Ничто в настоящем Кодексе не вносит изменений в характер и содержание обязательств, зафиксированных в других документах СБСЕ.
41. Государства-участники будут стремиться обеспечивать, чтобы обязательства, принятые в рамках настоящего Кодекса, находили отражение в их соответствующих внутренних доку- ментах и процедурах, а также, в надлежащих случаях, в их документах правового характера.
42. Текст Кодекса будет опубликован в каждом государстве-участнике, которое распростра- нит его и обеспечит возможно более широкое ознакомление с ним.
VIII. Человеческое измерение
Введение
1. Рассматривая выполнение обязательств по СБСЕ в области человеческого измерения, государства-участники исходили в своих дискуссиях из достигнутой ими общности цен- ностей, которая нашла отражение в высоких стандартах, установленных в рамках СБСЕ. В ходе обсуждения отмечался значительный прогресс, достигнутый в выполнении обяза- тельств по человеческому измерению. В то же время государства-участники признали, что в некоторых областях положение серьезно ухудшилось и что необходимо принятие мер против продолжающихся нарушений прав человека и проявлений агрессивного национа- лизма, в том числе территориального экспансионизма, а также расизма, шовинизма, ксено- фобии и антисемитизма, которые все еще приводят к человеческим страданиям.
2. В рамках всеобъемлющей концепции безопасности права человека и основные свободы, верховенство закона и демократические институты, решающим образом способствуя пре- дотвращению конфликтов, служат основой мира и безопасности. Защита прав человека, в том числе прав лиц, принадлежащих к национальным меньшинствам, представляет собой краеугольный камень демократического гражданского общества. Пренебрежение этими правами, когда оно приобретало серьезный характер, становилось одной из причин экс- тремизма, региональной нестабильности и конфликтов. Государства-участники подтвер- дили, что проблемы в области соблюдения обязательств по СБСЕ представляют законный и общий интерес для всех государств-участников и что поэтому постановка этих проблем в характерном для СБСЕ духе сотрудничества и ориентированности на достижение резуль- татов является позитивной практикой. Они обязались стимулировать выполнение обяза- тельств по СБСЕ путем повышения эффективности диалога, а также обзоров выполнения
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и механизмов. Они будут расширять оперативную основу СБСЕ, в частности, путем укре- пления Бюро по демократическим институтам и правам человека (БДИПЧ), повышения степени его участия в работе Постоянного совета и в деятельности миссий, а также посред- ством развития сотрудничества c международными организациями и институтами, зани- мающимися вопросами человеческого измерения.
3. Полезным вкладом в обзор выполнения явилось участие неправительственных органи- заций (НПО). В своих выступлениях представители этих организаций поделились своими идеями и вынесли интересующие их вопросы на рассмотрение государств-участников. Они также информировали государства-участники о своей деятельности, в том числе в обла- сти предотвращения и урегулирования конфликтов. Опыт Будапештской конференции по обзору дает повод для дальнейшего рассмотрения вопроса о содействии в рамках СБСЕ диалогу между правительствами и неправительственными организациями государств-у- частников в дополнение к межгосударственному диалогу.
4. Вновь подтверждая свои обязательства в области человеческого измерения, государства-у- частники, считая чрезвычайно важной задачей сосредоточить усилия на выполнении уже существующих обязательств по СБСЕ, в то же время договорились расширить рамки сво- его сотрудничества и в этих целях приняли следующие положения.
Повышение эффективности соблюдения обязательств по СБСЕ и содействие сотрудничеству и диалогу в области человеческого измерения
Повышение эффективности выполнения
5. Развивая предусмотренные в Хельсинкском документе 1992 года структуры для обзора выполнения, а также стремясь к совершенствованию выполнения обязательств в области человеческого измерения, государства-участники будут использовать Постоянный совет для более широкого диалога по вопросам человеческого измерения и для возможного при- нятия мер в случаях невыполнения обязательств. С этой целью государства-участники постановляют, что вопросы человеческого измерения будут регулярно рассматриваться Постоянным советом. Они будут шире использовать предоставляемые Московским меха- низмом возможности для изучения вопросов человеческого измерения на их территории или для содействия их решению.
6. Они призывают действующего Председателя информировать Постоянный совет о посту- пивших сигналах относительно серьезных случаев невыполнения обязательств в области человеческого измерения, в том числе на основе сведений, полученных от БДИПЧ, докла- дов и рекомендаций Верховного комиссара по делам национальных меньшинств (ВКНМ) или докладов руководителей миссий СБСЕ, а также информации, поступающей из соот- ветствующего государства.
7. Государства-участники вновь подтверждают свою высокую оценку деятельности ВКНМ, которому удалось в полном соответствии с его мандатом сосредоточить внимание на целом ряде вопросов, касающихся национальных меньшинств, и успешно рассмотреть их, при- нимая при этом во внимание конкретную ситуацию, в которой находятся государства-у- частники и непосредственно заинтересованные стороны.
Государства-участники призывают ВКНМ продолжать его нынешнюю деятельность и выска- зываются в поддержку проведения им работы по новым направлениям в развитие уже
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сделанного, в том числе в связи с его рекомендациями. Они будут активизировать свои усилия по выполнению этих рекомендаций.
Роль БДИПЧ
8. БДИПЧ, являющееся основным институтом в области человеческого измерения, будет по согласованию с действующим Председателем участвовать в качестве консультанта в обсуж- дениях, ведущихся в Руководящем совете и Постоянном совете, докладывая через регуляр- ные промежутки времени о своей деятельности и предоставляя информацию по вопросам выполнения. Оно будет предоставлять вспомогательные материалы для ежегодного обзора выполнения и при необходимости давать разъяснения по полученной информации или дополнять ее. На основе тесных консультаций с действующим Председателем директор БДИПЧ может вносить предложения о последующих мерах.
9. Государства-участники признают необходимость расширения сотрудничества через БДИПЧ с другими международными организациями и институтами, занимающимися вопросами человеческого измерения, в том числе с Верховным комиссаром ООН по пра- вам человека, в целях обмена информацией, включая доклады, а также дальнейшей раз- работки ориентированных на будущее мероприятий, таких, как те, о которых говорится в настоящем документе.
10. Государства-участники постановляют: • укреплять сотрудничество СБСЕ с другими международными организациями и инсти- тутами, в частности с УВКБ и МОМ, с тем, чтобы вносить вклад в проводимую УВКБ работу по подготовке региональной конференции для рассмотрения проблем, касаю- щихся беженцев, перемещенных лиц, других форм вынужденного переселения, а также лиц, возвращающихся в места своего постоянного проживания, в странах Содружества Независимых Государств (СНГ) и в других заинтересованных соседних государствах, путем учреждения после проведения консультаций в рамках неофициальной финансо- вой комиссии – временной, финансируемой за счет добровольных взносов должности для эксперта по вопросам миграции; • возложить на БДИПЧ функции центра для обмена информацией, касающейся проблем средств массовой информации в регионе; они также выражают пожелание, чтобы пра- вительства, журналисты и НПО предоставляли БДИПЧ данные о положении средств информации.
11. Мандаты миссий СБСЕ будут утверждаться после консультаций с БДИПЧ, которое будет также вносить свой вклад в осуществление определенных Постоянным советом дальней- ших шагов на основе докладов миссий. При наборе персонала для миссий СБСЕ следует использовать имеющиеся в БДИПЧ сведения об экспертах по вопросам человеческого изме- рения. Эти миссии будут, кроме того, поручать одному из своих членов поддерживать связь с БДИПЧ и с НПО по вопросам человеческого измерения.
12. БДИПЧ будет играть более значительную роль в наблюдении за процессом выборов до их начала, в ходе них и по их окончании. В этом контексте БДИПЧ следует оценивать нали- чие условий для свободной и независимой деятельности средств массовой информации.
Государства-участники предлагают различным организациям, осуществляющим наблю- дение за процессом выборов, улучшать координацию своих действий и поручают БДИПЧ
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проводить консультации со всеми соответствующими организациями, с тем, чтобы зало- жить основу для координации в этой области.
Кроме того, БДИПЧ в целях совершенствования подготовки и процедур наблюдения за процессом выборов составит пособие для наблюдателей за выборами и будет вести посто- янно обновляемый календарь предстоящих выборов.
13. Положения, содержащиеся в главе настоящего Документа, посвященной человеческому измерению, никоим образом не изменяют ни мандата БДИПЧ, ни мандата ВКНМ.
Семинары БДИПЧ
14. Число крупномасштабных семинаров по человеческому измерению будет сокращено в среднем до двух в год. В центре внимания на этих семинарах будут темы, представляю- щие самый широкий интерес.
Больший упор будет сделан на региональные семинары. Когда это целесообразно, они будут проводиться в качестве составной части Программы координированной помощи. Следует стремиться к обеспечению участия в этих семинарах всех государств того реги- она, в котором они проводятся. К БДИПЧ обращается просьба представить Постоянному совету доклад о путях повышения эффективности семинаров по человеческому измерению. На этих семинарах согласованных документов подготавливаться не будет, однако особое внимание должно будет уделяться совершенствованию дальнейших шагов.
15. В ходе Конференции по обзору было предложено значительное число возможных тем как для крупномасштабных, так и для региональных семинаров. Исполнительный секрета- риат вел их список, который будет передан в Постоянный совет. Согласно соответствующим положениям Хельсинкского документа 1992 года Постоянный совет, учитывая рекоменда- ции БДИПЧ и ВКНМ, будет составлять ежегодную программу работы с указанием назва- ний, сроков и мест проведения таких семинаров.
16. Государства-участники приветствовали предложение Румынии организовать в Буха- ресте под эгидой БДИПЧ и Совета Европы в сотрудничестве с ЮНЕСКО международный семинар, посвященный проблемам терпимости, в контексте Международного года терпи- мости, которым провозглашен 1995 год.
Роль НПО
17. Государства-участники и институты СБСЕ будут предоставлять возможности для более широкого участия НПО в деятельности СБСЕ, как об этом говорится в главе IV Хельсинк- ского документа 1992 года. Они будут вести поиск путей наилучшего использования в инте- ресах СБСЕ работы, проводимой НПО, и предоставляемой ими информации. Генеральному секретарю предлагается провести изучение вопроса о возможных способах дальнейшего расширения участия НПО.
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Обязательства и сотрудничество
Верховенство закона
18. Государства-участники подчеркивают, что все действия органов государственной вла- сти должны соответствовать принципу верховенства закона, что служит гарантией пра- вовой защищенности личности.
Они также подчеркивают необходимость защиты тех, кто отстаивает права человека, и с заинтересованностью ожидают доработки и принятия в рамках ООН декларации о праве и обязанности лиц, групп и общественных органов укреплять и отстаивать общепризнан- ные права человека и основные свободы.
Смертная казнь
19. Государства-участники вновь подтверждают свои обязательства по Копенгагенскому и Московскому документам в отношении вопроса о смертной казни.
Предотвращение пыток
20. Государства-участники решительно осуждают все формы пыток как одно из грубейших нарушений прав человека и человеческого достоинства. Они обязуются вести дело к их искоренению. Они признают важность в этом отношении международных норм, закре- пленных в международных договорах о правах человека, в частности в Конвенции ООН против пыток и других жестоких, бесчеловечных или унижающих достоинство видов обра- щения и наказания, а также в Европейской конвенции о предотвращении пыток и бесче- ловечного или унижающего достоинство обращения и наказания. Они также признают важность национального законодательства, направленного на искоренение пыток. Они обязуются расследовать все заявления о случаях применения пыток и преследовать вино- вных в судебном порядке. Они, кроме того, обязуются включать в свои программы обучения и подготовки личного состава сил по поддержанию правопорядка и полиции конкретные положения, имеющие целью искоренение пыток. Они считают, что существенно необходи- мым условием является обмен информацией по данной проблеме. Государства-участники должны иметь возможность получать такую информацию. В этом контексте СБСЕ следует также опираться на опыт Специального докладчика по вопросам пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, назначенного Комиссией ООН по правам человека, а также использовать информацию, предоставляе- мую неправительственными организациями.
Национальные меньшинства
21. Государства-участники подтверждают свою решимость последовательно способство- вать выполнению положений Заключительного акта и всех других документов СБСЕ, каса- ющихся защиты прав лиц, принадлежащих к национальным меньшинствам. Они высоко оценивают работу, проводимую ВКНМ в этой области.
22. Государства-участники приветствуют международные усилия по улучшению защиты прав лиц, принадлежащих к национальным меньшинствам. Они отмечают принятие в Совете Европы Рамочной конвенции о защите национальных меньшинств, которая осно- вывается на нормах СБСЕ в этой области и развивает их. Они подчеркнули, что данная Кон- венция также открыта для подписания по приглашению государствами, не являющимися
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членами Совета Европы; они могут рассмотреть вопрос об изучении возможности присо- единения к ней.
Рома и синти
23. Государства-участники постановляют создать в БДИПЧ пункт для контактов по вопро- сам, касающимся народности рома и синти (цыган). БДИПЧ будет поручено: • действовать в качестве центра для обмена информацией по вопросам, связанным с рома и синти (цыганами), включая информацию о выполнении обязательств, касающихся рома и синти (цыган); • облегчать контакты по проблемам народности рома и синти (цыган) между государ- ствами участниками, международными организациями и институтами, а также НПО; • поддерживать и развивать контакты по этим вопросам между институтами СБСЕ и дру- гими международными организациями и институтами.
Для выполнения этих задач БДИПЧ будет в полной мере использовать имеющиеся ресурсы. В этом контексте они приветствуют заявление некоторых организаций, представляющих рома и синти (цыган), об их намерении внести добровольные взносы.
24. Государства-участники приветствуют мероприятия, проводимые другими международ- ными организациями и институтами, в частности Советом Европы, по вопросам, касаю- щимся рома и синти (цыган).
Терпимость и недискриминация
25. Государства-участники осуждают проявления нетерпимости, особенно – агрессивного национализма, расизма, шовинизма, ксенофобии и антисемитизма, и будут оказывать даль- нейшее содействие эффективным мерам, направленным на их искоренение. Они предла- гают БДИПЧ и впредь уделять особое внимание этим явлениям, собирая информацию об их различных проявлениях в государствах-участниках. Они будут стремиться укрепить или принять надлежащее законодательство на этот счет и осуществлять необходимые меры для обеспечения эффективного применения существующего законодательства таким образом, чтобы предотвратить проявления этих явлений. Они также подчеркивают, что действия по борьбе с этими явлениями должны рассматриваться как составная часть поли- тики и просвещения, ориентированных на интеграцию. Они осуждают все преступления, совершенные в целях так называемой этнической чистки, и будут продолжать оказывать эффективную поддержку находящемуся в Гааге Международному трибуналу по военным преступлениям для бывшей Югославии.
26. Они положительно оценивают принятый Советом Европы план действий в отноше- нии расизма, ксенофобии, антисемитизма и нетерпимости. Предпринимая дальнейшие шаги в свете Декларации римской Встречи Совета, институты СБСЕ будут изучать воз- можности для совместной работы с Советом Европы, а также с ООН и другими междуна- родными организациями.
27. Вновь подтверждая свое обязательство обеспечивать свободу совести и религии и спо- собствовать созданию климата взаимной терпимости и уважения между верующими раз- личных общин, а также между верующими и неверующими, они выразили озабоченность в связи с использованием религии в агрессивных националистических целях.
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Рабочие-мигранты
28. Государства-участники вновь подтверждают, что права человека являются всеобщими и неделимыми. Они признали, что защита и обеспечение прав рабочих-мигрантов имеют свое человеческое измерение. Они подчеркивают право рабочих мигрантов на свободное проявление своих этнических, культурных, религиозных и языковых особенностей. Осу- ществление этих прав может подвергаться таким ограничениям, которые установлены зако- ном и соответствуют международным нормам.
29. Они постановили, что должны приниматься надлежащие меры для более эффективного предотвращения расистских вылазок и других насильственных проявлений нетерпимости в отношении рабочих-мигрантов и их семей.
30. Они вновь подтверждают свое осуждение всех актов дискриминации по признаку расы, цвета кожи и этнического происхождения, а также нетерпимости и ксенофобии в отношении рабочих-мигрантов. В соответствии с внутренним законодательством и международными обязательствами они будут и впредь предпринимать эффективные меры в этой области.
31. Они будут продолжать содействовать социальной интеграции рабочих мигрантов в тех странах, где они законно проживают. Они признают, что успех процесса интеграции также зависит от его активного осуществления самими мигрантами, и, соответственно, приняли решение поощрять их в этом отношении.
Миграция
32. Государства-участники выражают свою озабоченность в связи с происходящей в реги- оне СБСЕ массовой миграцией, в том числе с появлением миллионов беженцев и переме- щенных лиц главным образом в результате войн, вооруженных конфликтов, социальной вражды и грубых нарушений прав человека. Принимая во внимание решения римской Встречи Совета 1993 года, они постановляют расширить сотрудничество в этой области с соответствующими международными организациями.
Они отмечают усилия, предпринимаемые УВКБ по подготовке региональной конференции для рассмотрения проблем, касающихся беженцев, перемещенных лиц, других форм вынуж- денного переселения и лиц, возвращающихся в места своего постоянного проживания, в Содружестве Независимых Государств и других заинтересованных соседних государствах.
Международное гуманитарное право
33. Государства-участники выражают глубокое сожаление в связи с рядом грубых наруше- ний международного гуманитарного права, имевших место в регионе СБСЕ в последние годы, и вновь подтверждают свое обязательство уважать и обеспечивать уважение общего гуманитарного права и, в частности, своих обязательств по соответствующим междуна- родно-правовым документам, включая Женевские конвенции 1949 года и дополнительные протоколы к ним, участниками которых они являются.
34. Они подчеркивают потенциальное значение декларации о минимальных гуманитарных нормах, применимых во всех ситуациях, и заявляют о своей готовности принять активное участие в ее выработке в рамках ООН. Они обязуются обеспечивать надлежащее информи- рование и подготовку личного состава своих военных служб в том, что касается положений
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международного гуманитарного права, и считают, что информация на этот счет должна быть доступной для ознакомления.
35. Они высоко ценят развивающееся сотрудничество между СБСЕ и Международным Комитетом Красного Креста (МККК), в том числе с участием миссий СБСЕ, приветствуют готовность МККК к развитию этого сотрудничества и обязуются и впредь оказывать МККК поддержку, в частности, путем укрепления контактов, уже установленных между мисси- ями СБСЕ и делегациями МККК, работающими на местах.
Свобода выражения своего мнения/свободные средства информации
36. Государства-участники вновь подтверждают, что свобода выражения своего мнения явля- ется основным правом человека и одним из основополагающих элементов демократического общества. В свете этого независимость и плюрализм средств массовой информации чрез- вычайно важны для свободного и открытого общества и обеспечения подотчетности орга- нов государственного управления. Их руководящим принципом будет защита этого права.
37. Они осуждают все случаи нападения на журналистов и целенаправленно враждебного поведения по отношению к ним и будут стремиться привлекать к ответственности лиц, непосредственно виновных в таких нападениях и в таком поведении.
38. Они отмечают также, что действия, особенно со стороны правительств, по разжига- нию ненависти и нагнетанию межэтнической напряженности с помощью средств массо- вой информации могут служить ранним предупреждением о назревающем конфликте.
Свобода передвижения/контакты между людьми/культурное наследие
39. Государства-участники будут и далее поощрять и облегчать контакты между людьми, а также обмены в области культуры и образования и сотрудничать в соответствии с положе- ниями документов СБСЕ. Они будут продолжать выполнять свои обязательства в области культуры, закрепленные в Документе краковского симпозиума по культурному наследию государств-участников СБСЕ и в других соответствующих документах СБСЕ. Они будут поощрять усилия, предпринимаемые на государственном и частном уровнях с целью сохра- нения культурного наследия в их странах.
40. Они будут поощрять полное выполнение административными органами, соприкасаю- щимися в своей деятельности с гражданами других государств, принятых в рамках СБСЕ обязательств относительно поездок и воздерживаться от унизительного обращения и дру- гих посягательств на достоинство личности. Они также рассмотрят необходимость состав- ления сборника соответствующих положений, принятых в СБСЕ.
41. Постоянный совет будет изучать возможности проведения неофициальных встреч по проблемам, упомянутым в двух предыдущих пунктах.
Программа координированной помощи
42. Государства-участники, учитывая прогресс, достигнутый в ходе выполнения Программы координированной помощи за последние два года при координирующей роли БДИПЧ, приняли решение о необходимости продолжения реализации данной программы. БДИПЧ и Генеральный секретарь будут и далее организовывать совещания и семинары по связанным с СБСЕ вопросам, с тем, чтобы облегчить выполнение заинтересованными государствами
156 Будапешт, 1994 г
их обязательств по СБСЕ. Государства-участники будут продолжать включать представите- лей этих государств в финансируемые правительством программы стажировок, обучения и подготовки в целях повышения существующего уровня знаний, опыта и квалификации.
43. Они договорились о необходимости дальнейшего развития возможностей БДИПЧ по оказанию высококвалифицированной экспертной поддержки в вопросах человеческого измерения в соответствии с Программой координированной помощи. Стремясь отклик- нуться на просьбы заинтересованных новых независимых государств о предоставлении консультационных услуг по всем аспектам демократизации, они решили, что полезным дополнением к деятельности БДИПЧ было бы использование экспертов по особым пору- чениям в рамках Программы координированной помощи.
157 Лиссабонский документ (Встреча на высшем уровне)
Лиссабон, 1996 г.
Декларация лиссабонской встречи на высшем уровне (…)
3. Мы вновь подтверждаем принципы ОБСЕ, закрепленные в хельсинкском Заключитель- ном акте, и другие обязательства, принятые в рамках ОБСЕ. Мы считаем необходимым совершенствовать и подвергать систематическому рассмотрению соблюдение всех этих принципов и выполнение всех принятых обязательств. Мы признаем, что важной пробле- мой по-прежнему является наличие серьезных рисков и вызовов, затрагивающих, в частно- сти, безопасность и суверенитет наших стран. Мы твердо намерены заняться ее решением.
4. Основополагающим элементом нашей концепции демократии и процесса демократизации, нашедших отражение в Парижской хартии, остается уважение прав человека. Мы испол- нены решимости закрепить демократические завоевания, которые стали результатом про- исшедших с 1989 года перемен, и направлять дальнейшее развитие этих перемен в регионе ОБСЕ по мирному пути. Мы будем сотрудничать в упрочении демократических институтов. (…)
9. Принятый ОБСЕ всеобъемлющий подход к безопасности предполагает более эффективное выполнение всех обязательств в области человеческого измерения, в частности в том, что касается прав человека и основных свобод. Это будет способствовать дальнейшему утверж- дению во всех государствах-участниках общих ценностей свободного и демократического общества, являющегося одной из главных опор нашей общей безопасности. Среди острых проблем человеческого измерения угрозой для стабильности в регионе ОБСЕ остаются непрекращающиеся нарушения прав человека, в частности в форме вынужденной мигра- ции, а также незавершенность демократических преобразований, угрозы в адрес незави- симых средств массовой информации, махинации на выборах, проявления агрессивного национализма, расизма, шовинизма, ксенофобии и антисемитизма. Мы твердо намерены продолжать усилия по решению этих проблем.
10. Памятуя о трагедиях, постигших за последнее время беженцев в различных частях региона ОБСЕ, и принимая во внимание проблему насильственной миграции, мы вновь заявляем о своем осуждении любой политики «этнических чисток» или массового изгна- ния населения и обязуемся воздерживаться от подобной политики. Наши государства будут создавать условия для безопасного и достойного возвращения беженцев и внутренне перемещенных лиц в соответствии с международными нормами. Следует добиваться их социальной реинтеграции в местах первоначального проживания на недискриминацион- ной основе. Мы одобряем работу советника БДИПЧ по проблемам миграции и выражаем поддержку деятельности, проводимой им на основе программы действий, принятой в мае 1996 года на Региональной конференции по рассмотрению проблем, касающихся беженцев,
158 Лиссабон, 1996 г
перемещенных лиц, других форм недобровольного перемещения и лиц, возвращающихся в места своего постоянного проживания, в соответствующих государствах.
11. Свобода печати и средств массовой информации является одной из главных предпосылок построения подлинно демократического гражданского общества. В хельсинкском Заключи- тельном акте мы взяли на себя обязательство уважать этот принцип. Налицо необходимость усилить выполнение принятых в рамках ОБСЕ обязательств, касающихся средств массо- вой информации, с соответствующим учетом работы, проводимой другими международ- ными организациями. Поэтому мы поручаем Постоянному совету изучить пути повышения внимания к вопросам выполнения принятых в рамках ОБСЕ обязательств относительно средств массовой информации и разработать мандат для назначения представителя ОБСЕ по вопросам свободы средств массовой информации, который должен быть представлен на рассмотрение Совета министров не позднее его встречи в 1997 году. (…)
Лиссабонская декларация о модели общей и всеобъемлющей безопасности для Европы XXI века
1. Мы, главы государств и правительств государств-участников ОБСЕ, собравшиеся на встрече в Лиссабоне, считаем, что история дала нам беспрецедентную возможность. Сво- бода, демократия и сотрудничество между нашими странами и народами являются ныне основой нашей общей безопасности. Мы исполнены решимости извлечь уроки из траги- ческих событий прошлого и воплотить наше видение будущего, основанного на сотруд- ничестве, в реальность путем создания единого пространства безопасности, свободного от разделительных линий, где все государства являются равноправными партнерами.
2. Мы сталкиваемся с серьезными вызовами, но в противодействии им мы едины. Они затра- гивают безопасность и суверенитет государств, равно как и стабильность наших обществ. Не во всех государствах ОБСЕ в полной мере соблюдаются права человека. Межэтническая напряженность, агрессивный национализм, нарушения прав лиц, принадлежащих к наци- ональным меньшинствам, и серьезные трудности, связанные с переходными процессами в экономике, могут создавать угрозу для стабильности и способны распространяться на другие государства. Все более серьезную озабоченность у всех членов сообщества ОБСЕ вызывают такие явления, как терроризм, организованная преступность, незаконный обо- рот наркотиков и оружия, неконтролируемая миграция и разрушение окружающей среды.
3. Мы будем, черпая силы в нашем многообразии, противостоять этим вызовам сообща в рамках ОБСЕ и в партнерстве с другими международными организациями. Наш подход заключается в обеспечении безопасности на основе сотрудничества в рамках демократии, уважения прав человека, основных свобод и верховенства закона, рыночной экономики и социальной справедливости. Он исключает какое бы то ни было стремление к господству. Он подразумевает взаимное доверие и мирное урегулирование споров. (…)
5. Мы признаем, что в ОБСЕ государства подотчетны своим гражданам и несут друг перед другом ответственность за выполнение своих обязательств в рамках Организации.
159 Лиссабон, 1996 г
6. Мы совместно обязуемся: • действуя в духе солидарности, обеспечивать полное выполнение принятых в рамках ОБСЕ принципов и обязательств, которые закреплены в хельсинкском Заключительном акте, Парижской хартии и других документах СБСЕ/ОБСЕ; (…)
10. (…) наша задача теперь заключается в том, чтобы развивать наше сотрудничество с при- целом на будущее. С этой целью: • мы поощряем двусторонние и региональные инициативы, направленные на развитие отношений добрососедства и сотрудничества. В данном контексте ОБСЕ могла бы рас- смотреть комплекс мер укрепления доверия и безопасности, призванных подкрепить процессы региональной безопасности. Мы будем и впредь следить за выполнением Пакта о стабильности в Европе. Полезным средством превентивной дипломатии может стать проведение региональных «круглых столов»; • в качестве важного вклада в укрепление безопасности мы вновь подтверждаем нашу решимость в полной мере уважать и выполнять все свои обязательства, касающиеся прав лиц, принадлежащих к национальным меньшинствам. Мы вновь подтверждаем свое намерение всецело сотрудничать с Верховным комиссаром по делам национальных меньшинств. Мы готовы откликнуться на просьбу любого государства-участника, стре- мящегося к решению проблем меньшинств на своей территории; (…)
160 Документ шестой встречи Совета министров Копенгаген, 1997 г.
(…)
II. Решения копенгагенской встречи Совета министров (…)
Решение о назначении представителя ОБСЕ по вопросам свободы средств массовой инфор- мации (MC(6).DEC/1)
Совет министров
в соответствии с Решением № 193(*) Постоянного совета и принимая во внимание реко- мендацию Действующего председателя
постановляет назначить г-на Фраймута Дуве Представителем ОБСЕ по вопросам свободы средств массовой информации с 1 января 1998 года на трехлетний срок.
Приложение
Решение № 193 Постоянного совета
5 ноября 1997 года
Мандат представителя ОБСЕ по вопросам свободы средств массовой информации
1. Государства-участники вновь подтверждают принципы и обязательства, принятые ими в отношении свободы средств массовой информации (СМИ). Они, в частности, напоминают о том, что свобода выражения своего мнения является одним из основных международно признанных прав человека и основополагающих элементов демократического общества и что наличие свободных, независимых и плюралистичных средств массовой информации представляет собой необходимое условие существования свободного и открытого обще- ства и подотчетной ему системы правления. Принимая во внимание принципы и обяза- тельства, которые государства-участники приняли в рамках ОБСЕ, и будучи в полной мере приверженными выполнению положений пункта 11 Декларации Лиссабонской встречи на высшем уровне, они постановляют учредить под эгидой Постоянного совета пост Пред- ставителя ОБСЕ по вопросам средств массовой информации. Это делается с целью более полного выполнения соответствующих принципов и обязательств ОБСЕ, а также повыше- ния эффективности совместных действий государств-участников на базе их общих ценно- стей. Государства-участники подтверждают свое намерение в полной мере сотрудничать с Представителем ОБСЕ по вопросам свободы средств массовой информации. Он будет
161 Копенгаген, 1997 г
оказывать государствам-участникам помощь, в духе сотрудничества, в дальнейшем пре- творении в жизнь их приверженности развитию свободных, независимых и плюралистич- ных средств массовой информации.
2. Основываясь на принципах и обязательствах ОБСЕ, Представитель ОБСЕ по вопросам свободы средств массовой информации будет наблюдать за происходящим в этой связи в области средств массовой информации во всех государствах-участниках, а также, с уче- том этого и в тесном взаимодействии с Действующим председателем, будет поддерживать и поощрять полное соблюдение принципов и обязательств ОБСЕ, касающихся свободы выражения своего мнения и свободы средств массовой информации. В этом отношении он будет выполнять функции раннего предупреждения. Он будет заниматься рассмо- трением серьезных проблем, связанных, помимо прочего, с созданием помех для работы средств массовой информации и неблагоприятных условий для деятельности журналистов. Он будет работать в тесном взаимодействии с государствами-участниками, Постоянным советом, Бюро по демократическим институтам и правам человека (БДИПЧ), Верховным комиссаром по делам национальных меньшинств и, в соответствующих случаях, с другими структурами ОБСЕ, а также с национальными и международными союзами журналистов.
3. Руководствуясь положениями данного пункта, Представитель ОБСЕ по вопросам сво- боды средств массовой информации будет направлять свои основные усилия на оперативное реагирование на случаи серьезного несоблюдения государствами-участниками принципов и обязательств ОБСЕ, касающихся свободы выражения своего мнения и свободы средств массовой информации. Получив сигнал о серьезном несоблюдении этих принципов и обя- зательств, Представитель ОБСЕ по вопросам свободы средств массовой информации будет устанавливать в надлежащем порядке непосредственный контакт с представителями соот- ветствующего государства-участника и с другими заинтересованными сторонами, произ- водить анализ фактов, оказывать помощь государству-участнику и содействовать решению проблемы. Он будет систематически информировать Действующего председателя о своей деятельности и докладывать Постоянному совету о достигнутых результатах, своих заме- чаниях и рекомендациях.
4. Представитель ОБСЕ по вопросам свободы средств массовой информации не выполняет юридических функций, а его деятельность ни в коей мере не может предопределять приме- нение национальных или международных юридических процедур в связи с заявлениями о нарушении прав человека. В свою очередь, совсем не обязательно, что применение нацио- нальных или международных процедур в связи с заявлениями о нарушении прав человека будет препятствовать выполнению им своих функций в соответствии с настоящим мандатом.
5. Представитель ОБСЕ по вопросам свободы средств массовой информации вправе собирать и получать сведения о положении средств массовой информации из всех заслуживающих доверия источников. Он, в частности, будет опираться на информацию и оценки, поступаю- щие от БДИПЧ. Представитель ОБСЕ по вопросам свободы средств массовой информации будет оказывать БДИПЧ помощь в оценке условий для работы свободных, независимых и плюралистичных средств массовой информации в период до, во время и после выборов.
6. Представитель ОБСЕ по вопросам свободы средств массовой информации вправе в любое время собирать и получать от государств-участников и других заинтересованных сторон (например, от организаций или институтов, СМИ и их представителей и соответствующих НПО) запросы, предложения и соображения, касающиеся укрепления и дальнейшего повы- шения эффективности соблюдения соответствующих принципов и обязательств ОБСЕ, в том числе в связи с сообщениями о серьезных проявлениях нетерпимости со стороны
162 Копенгаген, 1997 г
государств-участников, использующих СМИ в нарушение принципов, зафиксирован- ных в пункте 25 главы VIII Будапештского документа и части X Решений Римской встречи Совета СБСЕ. Он может передавать запросы, предложения и соображения на рассмотре- ние Постоянного совета, сопровождая их, в случае необходимости, рекомендациями отно- сительно дальнейших действий.
7. Кроме того, Представитель ОБСЕ по вопросам свободы средств массовой информации будет систематически проводить консультации с Действующим председателем и на регу- лярной основе представлять доклады Постоянному совету. Он может приглашаться на Постоянный совет для представления докладов в соответствии с настоящим мандатом по конкретным вопросам, касающимся свободы выражения своего мнения и свободных, неза- висимых и плюралистичных средств массовой информации. Он будет ежегодно представ- лять на совещании по рассмотрению выполнения, посвященном вопросам человеческого измерения, или на совещании ОБСЕ по обзору доклад о положении дел с выполнением принципов и обязательств ОБСЕ, касающихся свободы выражения своего мнения и сво- боды средств массовой информации, в государствах-участниках ОБСЕ.
8. Представитель ОБСЕ по вопросам свободы средств массовой информации не будет под- держивать контактов с любыми лицами или организациями, применяющими или публично оправдывающими террористические или насильственные методы, и не будет отвечать на их обращения.
9. Представителем ОБСЕ по вопросам свободы средств массовой информации будет видный международный деятель с многолетним опытом работы, связанной с данной областью, от которого будет ожидаться непредвзятое выполнение возложенных на него функций. При исполнении своих обязанностей Представитель ОБСЕ по вопросам свободы средств мас- совой информации будет руководствоваться своим самостоятельным и объективным тол- кованием соответствующих положений настоящего мандата.
10. Представитель ОБСЕ по вопросам свободы средств массовой информации будет рас- сматривать серьезные случаи, относящиеся к настоящему мандату и возникающие в госу- дарстве-участнике, гражданином которого он является или в котором он проживает на постоянной основе, только при условии согласия на это всех непосредственно вовлеченных сторон, включая заинтересованное государство-участник. При отсутствии такого согласия вопрос будет передаваться на рассмотрение Действующего председателя, который может назначить специального представителя по этому конкретному случаю.
11. Представитель ОБСЕ по вопросам свободы средств массовой информации будет сотрудничать – путем поддержания регулярных контактов – с соответствующими между- народными организациями, включая Организацию Объединенных Наций и ее специали- зированные учреждения, а также Совет Европы, в целях улучшения координации действий и избежания дублирования в работе.
12. Представитель ОБСЕ по вопросам свободы средств массовой информации будет назна- чаться в соответствии с процедурами ОБСЕ Советом министров по рекомендации Действу- ющего председателя по итогам консультаций с государствами-участниками. Назначение производится на срок в три года с возможным однократным продлением в том же порядке еще на три года.
13. Должность Представителя ОБСЕ по вопросам свободы средств массовой информа- ции будет учреждена и обеспечена персоналом в соответствии с настоящим мандатом
163 Копенгаген, 1997 г
и Положениями ОБСЕ о персонале. Представитель ОБСЕ по вопросам свободы средств массовой информации и его бюро будут финансироваться государствами-участниками из бюджета ОБСЕ согласно Финансовым правилам ОБСЕ. Соответствующие детали будут про- работаны в неофициальной финансовой комиссии и затем утверждены Постоянным советом.
14. Бюро Представителя ОБСЕ по вопросам свободы средств массовой информации будет размещаться в Вене.
164 Документ седьмой встречи Совета министров Осло, 1998 г.
(…)
III. Решения встречи Совета министров в Осло (…)
Решение о повышении потенциала ОБСЕ в вопросах, касающихся рома и синти
Совет министров, имея в виду действующие в рамках ОБСЕ обязательства в отношении рома и синти и напоминая о принятом Будапештской встречей на высшем уровне решении создать в БДИПЧ пункт для контактов по вопросам, касающимся народности рома и синти (цыган),
1. Принимает решение повысить потенциал ОБСЕ в этих вопросах путем укрепления суще- ствующего пункта БДИПЧ для контактов по вопросам, касающимся народности рома и синти. Приоритетными в его деятельности будут следующие задачи: • укрепление взаимодействия ОБСЕ с правительствами государств-участников, представи- телями общин рома и синти, а также с международными организациями, инициативами и НПО, имеющими отношение к проблемам рома и синти, и в частности дальнейшего взаимно усиливающего сотрудничества с координатором Совета Европы по вопросам народности рома, с тем, чтобы избежать дублирования усилий – в том числе путем нала- живания регулярных консультаций с этими организациями, инициативами и НПО, направленных на достижение дополнительной отдачи от объединения усилий, а также выработку общих подходов в целях содействия полной социальной интеграции общин рома и синти в странах, где они проживают, при сохранении их самобытности; • наращивание сотрудничества между институтами ОБСЕ и ее миссиями/присутствиями на местах по вопросам рома и синти там, где это уместно; • разработка – на базе вкладов государств-участников, институтов ОБСЕ, и в частности ВКНМ, общин рома и синти, НПО, международных организаций и других институтов и инициатив – программы работы, которая должна включать, среди прочего, организа- цию семинаров, практикумов и центров обмена информацией; • сбор информации от государств-участников по законодательным и другим мерам, затра- гивающим положение рома и синти, на предмет предоставления ее в распоряжение сооб- щества ОБСЕ, равно как и других заинтересованных международных организаций, а также подготовки дополнительных докладов о положении рома и синти в регионе ОБСЕ.
2. Также принимает решение, что пункт для контактов должен заниматься исключительно вопросами, касающимися рома и синти.
3. Поручает Постоянному совету работать над соответствующими путями обеспечения адекватных ресурсов для выполнения настоящего решения.
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Стамбул, 1999 г.
Декларация стамбульской встречи на высшем уровне (…)
2. (…) Мы вновь безоговорочно заявляем о своем твердом намерении уважать права чело- века и основные свободы и не допускать дискриминации в каких бы то ни было формах. Мы также подтверждаем уважение нами норм международного гуманитарного права. Мы берем на себя обязательство активизировать усилия по предотвращению конфликтов в реги- оне ОБСЕ, а когда они все же происходят, – разрешать их мирными средствами. Мы будем тесно работать с другими международными организациями и институтами, опираясь на Платформу безопасности, основанной на сотрудничестве, которую мы приняли в качестве составной части нашей Хартии. (…)
6. (…) Мы подчеркиваем важность уважения верховенства закона и энергичных действий по борьбе с организованной преступностью и коррупцией, которые представляют собой серьезную угрозу экономическим реформам и процветанию. Мы по-прежнему привержены цели возвращения беженцев и внутренне перемещенных лиц, в особенности меньшинств.
7. (…) Мы рассчитываем на более быстрый прогресс в возвращении беженцев и переме- щенных лиц и выполнении соответствующих международных норм, особенно тех, кото- рые касаются одинакового обращения независимо от этнической принадлежности, свободы средств массовой информации, а также свободных и честных выборов. (…) (…)
26. Учитывая большое число ожидающих нас выборов, мы полны решимости обеспечить их свободный и открытый характер, а также их соответствие принципам и обязательствам, принятым в рамках ОБСЕ. Это единственный путь, обеспечивающий надежную основу для демократического развития. Мы по достоинству оцениваем роль БДИПЧ в оказании различным странам содействия в разработке законодательства о выборах, отвечающего принципам и обязательствам, принятым в рамках ОБСЕ, и намерены незамедлительно реагировать на представляемые им заключения с оценкой проведения выборов и рекомен- дации. Мы ценим работу БДИПЧ и Парламентской ассамблеи ОБСЕ до, во время и после выборов, которая вносит дополнительный вклад в демократический процесс. Мы твердо намерены в полном объеме надежно обеспечить лицам, принадлежащим к меньшинствам, право голоса и создать условия для осуществления беженцами права на участие в выборах, проводимых в стране их первоначального проживания. Мы обязуемся обеспечить честное соперничество как между кандидатами, так и между партиями, в том числе путем предо- ставления им доступа к средствам массовой информации и уважения свободы собраний.
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27. Мы обязуемся обеспечивать свободу средств массовой информации, являющуюся одним из основных условий существования плюралистических и демократических обществ. Мы глубоко обеспокоены злоупотреблением средствами массовой информации в зонах кон- фликтов для разжигания ненависти и межэтнической напряженности, а также исполь- зованием правовых ограничений и нападок, чтобы лишить граждан свободных средств массовой информации. Мы подчеркиваем необходимость обеспечения свободы выражения мнений, которая является одним из важнейших элементов политического диалога в любом демократическом обществе. Мы поддерживаем усилия Бюро Представителя по вопросам свободы средств массовой информации по содействию развитию свободных и независи- мых средств массовой информации.
28. В год десятилетия с момента принятия Конвенции о правах ребенка и претворения в жизнь обязательств по ОБСЕ, зафиксированных в Документе Копенгагенского совещания, мы обязуемся активно отстаивать права и интересы детей, особенно в условиях конфлик- тов и постконфликтных условиях. В работе ОБСЕ мы будем регулярно уделять внимание вопросу о правах детей, в том числе путем организации в 2000 году специального совеща- ния, посвященного положению детей в вооруженных конфликтах. Мы будем уделять осо- бое внимание вопросам физического и психологического благополучия детей, вовлеченных в вооруженный конфликт или затронутых им. (…)
30. Мы вновь подтверждаем свое твердое намерение обеспечить, чтобы законы и политиче- ские установки предусматривали полное уважение прав лиц, принадлежащих к националь- ным меньшинствам, особенно в том, что касается вопросов, затрагивающих культурную самобытность. В частности, мы подчеркиваем требование о соответствии применимым международным стандартам и конвенциям законов и политических установок, касающихся образовательных и языковых прав лиц, принадлежащих к национальным меньшинствам, а также их права на участие в жизни общества. Мы также выступаем за принятие и полное применение всеобъемлющего антидискриминационного законодательства, обеспечиваю- щего полное равенство возможностей для всех. Мы с одобрением отмечаем чрезвычайно важную работу Верховного комиссара по делам национальных меньшинств. Мы вновь под- тверждаем, что будем наращивать свои усилия по выполнению рекомендаций Верховного комиссара по делам национальных меньшинств.
31. Мы с сожалением констатируем акты насилия и другие проявления расизма и дискри- минации в отношении меньшинств, включая рома и синти. Мы обязуемся обеспечить, чтобы законодательство и политические установки предусматривали полное уважение прав рома и синти, и там, где это необходимо, содействовать принятию соответствующего анти- дискриминационного законодательства. Мы подчеркиваем необходимость уделять при- стальное внимание проблеме социальной изоляции рома и синти. Ответственность в этих вопросах лежит главным образом на соответствующих государствах-участниках. Мы особо отмечаем ту важную роль, которую в обеспечении поддержки может сыграть функцио- нирующий при БДИПЧ пункт для контактов по вопросам, касающимся народности рома и синти. Еще одним полезным шагом могла бы стать разработка пунктом для контактов во взаимодействии с Верховным комиссаром по делам национальных меньшинств и дру- гими организациями, занимающимися данной проблемой, в частности Советом Европы, целевого плана действий.
32. В русле нашего обязательства по обеспечению полного равноправия между женщинами и мужчинами мы рассчитываем на скорейшее утверждение и претворение в жизнь плана действий ОБСЕ в гендерной области.
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(…)
37. В Хартии мы вновь подтвердили свою приверженность верховенству закона и подчер- кнули необходимость борьбы с коррупцией. Мы поручаем Постоянному совету изучить вопрос о наиболее эффективных путях поддержки усилий по борьбе с коррупцией с уче- том работы, проводимой другими организациями, такими, как Организация экономиче- ского сотрудничества и развития, Совет Европы и Организация Объединенных Наций. О результатах этих усилий будет доложено на встрече министров в 2000 году. (…)
Хартия европейской безопасности (…)
I. Общие для нас вызовы
2. Последнее десятилетие XX века принесло крупные достижения в регионе ОБСЕ; на смену былой конфронтации пришло сотрудничество, однако опасность конфликтов между госу- дарствами не устранена. Мы покончили с прежними разногласиями в Европе, но перед нами возникли новые угрозы и вызовы. После подписания нами Парижской хартии стало более очевидным, что угрозы нашей безопасности могут быть следствием конфликтов как между государствами, так и внутри государств. Нам приходилось иметь дело с конфлик- тами, которые часто возникали из-за вопиющих нарушений норм и принципов ОБСЕ. Мы были свидетелями таких злодеяний, которые, казалось, уже отошли в прошлое. В это деся- тилетие стало очевидно, что все эти конфликты могут представлять угрозу для безопасно- сти всех государств-участников ОБСЕ.
3. Мы полны решимости извлечь урок из опасных последствий конфронтации и разногла- сий между государствами, а также из трагедий последнего десятилетия. Безопасность и мир должны быть упрочены с помощью подхода, сочетающего два основных элемента: нам необ- ходимо укреплять доверие между людьми внутри государств и развивать сотрудничество между государствами. Поэтому мы будем совершенствовать существующие инструменты и разрабатывать новые для оказания помощи и консультационных услуг. Мы будем при- умножать усилия по обеспечению полного уважения прав человека и основных свобод, включая права лиц, принадлежащих к национальным меньшинствам. Одновременно мы будем наращивать свой потенциал по укреплению доверия и безопасности между государ- ствами. Мы преисполнены решимости совершенствовать имеющиеся в нашем распоряже- нии средства для мирного урегулирования споров между ними.
4. Все большую угрозу безопасности представляют международный терроризм, экстремизм с применением насилия, организованная преступность и оборот наркотиков. Терроризм во всех его формах и проявлениях, чем бы он ни мотивировался, является неприемлемым. Мы будем наращивать свои усилия по недопущению подготовки и финансирования любых актов терроризма на территории наших государств и отказывать террористам в убежище. Чрезмерное и дестабилизирующее накопление и неконтролируемое распространение легкого и стрелкового оружия представляют собой угрозу миру и безопасности. Мы твердо намерены надежнее защитить себя от этих новых угроз и вызовов; основой такой защиты являются прочные демократические институты и верховенство закона. Мы также полны решимо- сти более активно и тесно сотрудничать друг с другом в противодействии этим вызовам.
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5. Серьезными последствиями для нашей безопасности чреваты острые экономические проблемы и деградация окружающей среды. Важнейшее значение будут иметь сотрудни- чество в области экономики, науки и техники, а также в экологической области. Мы будем более решительно реагировать на подобные угрозы путем проведения дальнейших эконо- мических и экологических реформ, обеспечения стабильных и транспарентных рамок для экономической деятельности, а также путем содействия развитию рыночной экономики с уделением должного внимания социально-экономическим правам. Мы приветствуем бес- прецедентный процесс экономических преобразований, происходящих во многих госу- дарствах-участниках. Мы призываем продолжать этот процесс реформ, который будет способствовать безопасности и процветанию во всем регионе ОБСЕ. Во всех измерениях ОБСЕ мы будем наращивать свои усилия по борьбе с коррупцией и утверждению верхо- венства закона.
6. Мы подтверждаем, что безопасность в соседних регионах, в частности в Средиземно- морье, а также в районах, находящихся в непосредственной близости к государствам-у- частникам, таким, как государства Центральной Азии, имеет для ОБСЕ все возрастающее значение. Мы признаем, что нестабильность в этих регионах порождает вызовы, которые прямо затрагивают безопасность и процветание государств ОБСЕ.
II. Наши общие основы
7. Мы вновь подтверждаем свою полную приверженность Уставу Организации Объеди- ненных Наций и хельсинкскому Заключительному акту, Парижской хартии и всем другим принятым нами в рамках ОБСЕ документам. Эти документы воплощают наши общие обя- зательства и являются основой нашей работы. Они помогли нам положить конец прежней конфронтации в Европе и открыть новую эру демократии, мира и солидарности во всем регионе ОБСЕ. В них установлены четкие нормы обращения государств-участников друг с другом и со всеми людьми, находящимися на их территории. Все без исключения обяза- тельства, принятые в рамках ОБСЕ, в равной мере распространяются на каждое государ- ство-участник. Их добросовестное выполнение является крайне важным для отношений между государствами, между их правительствами и народами, а также между организаци- ями, членами которых они являются. Государства-участники подотчетны своим гражданам и несут ответственность друг перед другом за выполнение ими обязательств, принятых ими в рамках ОБСЕ. Мы рассматриваем эти обязательства как наше общее достижение и поэ- тому считаем, что они представляют непосредственный и законный интерес для всех госу- дарств-участников. (…)
9. Мы будем строить наши отношения в соответствии с концепцией общей и всеобъемлю- щей безопасности, руководствуясь принципами равноправного партнерства, солидарно- сти и транспарентности. Безопасность каждого государства-участника неразрывно связана с безопасностью всех других. Мы будем рассматривать человеческое, экономическое и воен- но-политическое измерения безопасности как единое целое. (…)
III. Наш общий ответ (…)
169 Стамбул, 1999 г
Солидарность и партнерство
14. Наилучшей гарантией мира и безопасности в нашем регионе является желание и спо- собность каждого государства-участника поддерживать демократию, верховенство закона и уважение прав человека. Мы в индивидуальном порядке подтверждаем свое желание полностью выполнять принятые нами обязательства.
Мы также несем совместную ответственность за то, чтобы отстаивать принципы ОБСЕ. Поэтому мы преисполнены решимости сотрудничать в рамках ОБСЕ, а также с ее институ- тами и представителями и готовы использовать имеющиеся у ОБСЕ инструменты, средства и механизмы. Мы будем в духе солидарности и партнерства сотрудничать на постоянной основе при рассмотрении вопросов выполнения. Сегодня мы берем на себя обязатель- ство предпринимать как в ОБСЕ, так и через организации, членами которых мы являемся, основанные на сотрудничестве совместные меры, с тем, чтобы предлагать государствам-у- частникам помощь в улучшении соблюдения ими принципов и выполнения обязательств, принятых в рамках ОБСЕ. Мы будем укреплять существующие и разрабатывать новые инструменты, основанные на сотрудничестве, с тем, чтобы эффективно откликаться на просьбы государств-участников об оказании помощи. Мы будем изучать пути дальней- шего повышения эффективности Организации в том, что касается реагирования на слу- чаи явного, грубого и непрекращающегося нарушения этих принципов и обязательств. (…)
Наши институты
17. Парламентская ассамблея стала одним из важнейших институтов ОБСЕ, постоянно выдвигающим новые идеи и предложения. Мы приветствуем эту ее растущую роль, осо- бенно в области развития демократии и наблюдения за выборами. Мы призываем Парламент- скую ассамблею и далее развивать свою деятельность как один из ключевых компонентов наших усилий по обеспечению демократии и процветания и повышению доверия внутри государств-участников и между ними.
18. Важнейшими инструментами обеспечения уважения прав человека, демократии и вер- ховенства закона являются Бюро по демократическим институтам и правам человека (БДИПЧ), Верховный комиссар по делам национальных меньшинств (ВКНМ) и Предста- витель по вопросам свободы средств массовой информации. Секретариат ОБСЕ обеспе- чивает жизненно важную поддержку Действующего председателя, а также деятельности нашей Организации, особенно на местах. Мы будем также и далее укреплять оператив- ный потенциал Секретариата ОБСЕ, чтобы он мог решать задачи, связанные с расшире- нием нашей деятельности, и обеспечивать, чтобы деятельность на местах осуществлялась эффективно и в соответствии с полученными мандатами и указаниями. (…)
Человеческое измерение
19. Мы вновь подтверждаем, что уважение прав человека и основных свобод, демократии и верховенства закона занимает центральное место в принятой ОБСЕ всеобъемлющей концепции безопасности. Мы берем на себя обязательство противостоять таким угрозам безопасности, как нарушения прав человека и основных свобод, включая свободу мысли, совести, религии и убеждений, и проявления нетерпимости, агрессивного национализма, расизма, шовинизма, ксенофобии и антисемитизма.
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Защита и содействие осуществлению прав лиц, принадлежащих к национальным меньшин- ствам, являются важнейшими факторами обеспечения демократии, мира, справедливости и стабильности в государствах-участниках и в отношениях между ними. В этой связи мы вновь подтверждаем наши обязательства, в частности, в рамках соответствующих положе- ний Копенгагенского документа 1990 года по человеческому измерению, а также напоми- наем о Докладе Совещания экспертов по вопросам национальных меньшинств (Женева, 1991 год). Полное уважение прав человека, включая права лиц, принадлежащих к нацио- нальным меньшинствам, помимо того, что является самоцелью, не может подрывать, но может укреплять территориальную целостность и суверенитет. Различные концепции авто- номии, а также другие обозначенные в вышеупомянутых документах подходы, которые соответствуют принципам ОБСЕ, являются средствами защиты и развития этнической, культурной, языковой и религиозной самобытности национальных меньшинств в рамках существующего государства. Мы осуждаем насилие в отношении любого меньшинства. Мы обязуемся принимать меры по воспитанию терпимости и построению плюралистиче- ских обществ, где всем, независимо от их этнического происхождения, обеспечено полное равенство возможностей. Мы подчеркиваем, что вопросы, относящиеся к национальным меньшинствам, могут быть удовлетворительным образом разрешены только в демократи- ческих политических рамках на основе верховенства закона.
Мы вновь подтверждаем, что каждый человек имеет право на гражданство и что никто не может быть произвольно лишен своего гражданства. Мы обязуемся продолжать наши усилия с целью обеспечить, чтобы каждый смог воспользоваться этим правом. Мы также твердо намерены сделать более надежной международную защиту лиц без гражданства.
20. Мы признаем особые трудности, с которыми сталкиваются рома и синти, и необхо- димость принятия эффективных мер, чтобы добиться полного равенства возможностей для лиц, принадлежащих к рома и синти, соответствующего принятым в ОБСЕ обяза- тельствам. Мы будем наращивать свои усилия для обеспечения того, чтобы рома и синти могли стать полноправными членами общества, а также для искоренения дискриминации в их отношении.
21. Мы твердо намерены искоренить пытки, а также жестокие и бесчеловечные или унижа- ющие достоинство виды обращения и наказания во всем регионе ОБСЕ. С этой целью мы будем поощрять принятие законодательства, обеспечивающего процедурные и существен- ные гарантии и средства для борьбы с подобной практикой. Мы будем в той мере, в какой это целесообразно, оказывать помощь потерпевшим и сотрудничать с соответствующими международными организациями и неправительственными организациями.
22. Мы отвергаем любую политику этнических чисток или массового изгнания. Мы вновь подтверждаем свою приверженность уважению права на поиск убежища и обеспечению международной защиты беженцев в соответствии с Конвенцией о статусе беженцев 1951 года и Протоколом к ней 1967 года, а также содействию добровольному, достойному и без- опасному возвращению беженцев и внутренне перемещенных лиц. Мы будем добиваться социальной реинтеграции на недискриминационной основе беженцев и внутренне пере- мещенных лиц в местах их первоначального проживания.
С целью усиления защиты гражданских лиц во время конфликта мы будем вести поиск путей более активного применения международного гуманитарного права.
23. Полное и равное осуществление женщинами своих прав человека имеет важнейшее зна- чение для укрепления мира, процветания и демократии в регионе ОБСЕ. Мы обязуемся
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сделать обеспечение равенства между мужчинами и женщинами неотъемлемой частью своей политики как на уровне наших государств, так и в рамках Организации.
24. Мы будем принимать меры по ликвидации всех форм дискриминации женщин и пре- кращению насилия в отношении женщин и детей, а также сексуальной эксплуатации и всех форм торговли людьми. Для предотвращения подобных преступлений мы будем, среди прочего, содействовать принятию или укреплению законодательства для привле- чения виновных в таких действиях к ответственности и усиления защиты потерпевших. Мы будем также совершенствовать и осуществлять меры по обеспечению прав и интере- сов детей в вооруженных конфликтах и постконфликтных ситуациях, включая детей-бе- женцев и детей, перемещенных внутри государства. Мы будем изучать пути недопущения принудительного или обязательного рекрутирования для использования в вооруженных конфликтах лиц младше 18-летнего возраста.
25. Мы вновь подтверждаем свое обязательство проводить свободные и честные выборы согласно обязательствам, принятым в рамках ОБСЕ, и в частности Копенгагенскому доку- менту 1990 года. Мы признаем, что БДИПЧ может оказывать государствам-участникам помощь в разработке и осуществлении законодательства о выборах. Сообразуясь с этими обязательствами, мы будем приглашать на проводимые в наших странах выборы наблюда- телей из других государств-участников, БДИПЧ, Парламентской ассамблеи ОБСЕ и соот- ветствующих институтов и организаций, которые хотели бы наблюдать за их проведением. Мы соглашаемся незамедлительно реагировать на заключения БДИПЧ с оценкой проведе- ния выборов и его рекомендации.
26. Мы вновь подтверждаем значение независимых средств массовой информации и сво- бодных потоков информации, а также доступа общественности к информации. Мы берем на себя обязательство предпринять все необходимые меры по созданию необходимой основы для функционирования свободных и независимых средств массовой информа- ции и беспрепятственного трансграничного и внутригосударственного потоков информа- ции, которые мы считаем важнейшим компонентом любого демократического, свободного и открытого общества.
27. Неправительственные организации (НПО) могут играть чрезвычайно важную роль в содействии утверждению прав человека, демократии и верховенства закона. Они являются неотъемлемой составляющей сильного гражданского общества. Мы обязуемся расширять имеющиеся у НПО возможности вносить свой полновесный вклад в дальнейшее развитие гражданского общества и обеспечение прав человека и основных свобод. (…)
Верховенство закона и борьба с коррупцией
33. Мы подтверждаем свою приверженность верховенству закона. Мы признаем, что кор- рупция представляет собой большую угрозу общим ценностям ОБСЕ. Она порождает неста- бильность и затрагивает многие аспекты безопасности, экономического и человеческого измерений. Государства-участники обязуются наращивать свои усилия по борьбе с корруп- цией и порождающими ее условиями, а также содействовать формированию позитивной основы для надлежащей практики государственного управления и должностной порядоч- ности. Они будут лучше использовать существующие международные инструменты и ока- зывать взаимную помощь в борьбе с коррупцией. В рамках своих усилий по утверждению верховенства закона ОБСЕ будет взаимодействовать с НПО, которые борются за формиро- вание атмосферы единодушного неприятия обществом и деловыми кругами коррупции.
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IV. Наши общие инструменты
Развитие нашего диалога (…)
36. Действуя в духе солидарности и партнерства, мы будем также расширять наш полити- ческий диалог, для того, чтобы предлагать государствам-участникам помощь, обеспечи- вая таким образом выполнение обязательств, принятых в рамках ОБСЕ. Для содействия такому диалогу мы приняли решение активнее использовать в соответствии с установлен- ными правилами и практикой инструментарий ОБСЕ, включающий: (…) • организацию учебных программ, направленных на совершенствование норм и прак- тики, среди прочего, в области прав человека, демократизации и верховенства закона; • рассмотрение вопросов, касающихся выполнения обязательств, принятых в рамках ОБСЕ, на совещаниях и конференциях ОБСЕ по обзору, а также на Экономическом форуме; (…)
Деятельность ОБСЕ на местах (…)
38. Развитие деятельности ОБСЕ на местах отражает серьезные изменения в Организа- ции, благодаря которым ОБСЕ стала играть более заметную роль в упрочении мира и без- опасности и в совершенствовании выполнения обязательств, принятых в рамках ОБСЕ. Опираясь на приобретенный нами опыт, мы будем и далее развивать и укреплять данный инструмент в целях выполнения предусмотренных соответствующими мандатами задач, которые, среди прочего, могут включать следующее: (…) • наблюдение за выполнением обязательств, принятых в рамках ОБСЕ, а также предо- ставление консультативных услуг или подготовку рекомендаций по совершенствова- нию их выполнения; • помощь в организации выборов и наблюдении за ними; • содействие в обеспечении главенствующей роли закона и демократических институтов, а также в поддержании и восстановлении правопорядка; (…) • поддержку восстановления и реконструкции в различных областях жизни общества. (…)
Деятельность, связанная с полицейскими функциями
44. Мы будем работать в целях укрепления роли ОБСЕ в деятельности, связанной с функ- циями гражданской полиции, в качестве составной части усилий Организации по предот- вращению конфликтов, регулированию кризисов и постконфликтному восстановлению. Такая деятельность может включать: • полицейский мониторинг, в том числе с целью недопущения таких действий со стороны полиции, как дискриминация по религиозному и этническому признакам;
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• подготовку полицейских кадров, которая, среди прочего, могла бы включать следую- щие задачи: • повышение оперативно-тактического потенциала местных полицейских служб и рефор- мирование военизированных сил; • освоение новых, современных форм полицейской работы, таких, как взаимодействие с населением на местном уровне, борьба с распространением наркотиков, коррупцией и терроризмом; • создание полицейской службы, объединяющей в своем составе представителей разных этнических групп и/или вероисповеданий и способной заслужить доверие всего насе- ления; • обеспечение в целом уважения прав человека и основных свобод. (…)
45. Мы будем также способствовать развитию независимых судебных систем, играющих ключевую роль в предоставлении правовой защиты от нарушений прав человека, а также оказывать консультационные услуги и помощь в реформировании пенитенциарной системы. ОБСЕ будет также работать с другими международными организациями с целью создания политических и правовых условий, позволяющих полиции выполнять свои задачи в соот- ветствии с принципами демократии и верховенства закона.
Поддержание мира
46. Мы по-прежнему твердо намерены усиливать ключевую роль ОБСЕ в поддержании мира и стабильности во всем нашем регионе. ОБСЕ наиболее эффективно содействовала региональной безопасности в таких областях, как деятельность на местах, постконфликт- ное восстановление, демократизация, а также наблюдение за соблюдением прав человека и выборами. Мы решили изучить варианты, предусматривающие потенциально более зна- чительную и широкую роль ОБСЕ в поддержании мира. Вновь подтверждая свои права и обязательства по Уставу Организации Объединенных Наций и опираясь на свои суще- ствующие решения, мы подтверждаем, что ОБСЕ может, от случая к случаю и на основе консенсуса, принимать решение о выполнении той или иной роли в поддержании мира, в том числе ведущей роли тогда, когда государства-участники сочтут, что ОБСЕ является наиболее эффективной и подходящей организацией. В этом контексте она могла бы также принимать решение о предоставлении мандата, покрывающего деятельность других по поддержанию мира, и прибегать к поддержке государств-участников, а также других орга- низаций для привлечения ресурсов и экспертной помощи. В соответствии с Платформой безопасности, основанной на сотрудничестве, она могла бы также предоставлять коорди- национные рамки для таких усилий. (…)
VI. Заключение
51. Настоящая Хартия упрочит безопасность всех государств-участников посредством развития и укрепления ОБСЕ на этапе, когда мы вступаем в XXI век. Сегодня мы решили развивать ее существующие инструменты и создавать новые. Мы будем в полной мере использовать их для обеспечения свободы, демократии и безопасности в регионе ОБСЕ. (…)
174 Документ восьмой встречи Совета министров Вена, 2000 г.
Решения венской встречи Совета министров
Решение об активизации усилий ОБСЕ по борьбе c торговлей людьми
Совет министров,
принимая во внимание Хартию европейской безопасности, согласно которой государ- ства-участники обязуются «принимать меры по ликвидации всех форм дискриминации женщин и прекращению насилия в отношении женщин и детей, а также сексуальной экс- плуатации и всех форм торговли людьми» и «содействовать принятию или укреплению законодательства для привлечения виновных в таких действиях к ответственности и уси- ления защиты потерпевших»,
ссылаясь на содержащиеся в Московском документе 1991 года обязательства ОБСЕ, каса- ющиеся борьбы с торговлей людьми,
признавая, что торговля людьми представляет собой все более серьезную проблему, и, будучи убежден в том, что Организации следует активизировать свои усилия по борьбе с торговлей людьми во всем регионе ОБСЕ, в том числе во время конфликтов и в посткон- фликтных ситуациях, и внести свой вклад в направленные на защиту прав человека наци- ональные, региональные и международные усилия по противодействию такой торговле, а также в борьбу с транснациональной организованной преступностью,
1. Вновь заявляет, что торговля людьми является вопиющим нарушением прав человека и серьезным преступлением, которое требует более всесторонних и скоординированных ответных мер со стороны государств-участников и международного сообщества, а также применения странами, в частности странами происхождения, транзита и назначения, более согласованного и основанного на лучшем взаимодействии подхода;
2. Приветствует принятие Генеральной ассамблеей Организации Объединенных Наций Про- токола о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, дополняющего Конвенцию Организации Объединенных Наций про- тив транснациональной организованной преступности, а также содержащееся в нем опре- деление термина «торговля людьми» и призывает все государства-участники подписать и ратифицировать Протокол Организации Объединенных Наций, а также Факультатив- ный протокол о торговле детьми, детской проституции и детской порнографии к Конвен- ции о правах ребенка;
3. Признает главную ответственность государств-участников в том, что касается борьбы с торговлей людьми на основе комплексного и скоординированного подхода, включающего
175 Вена, 2000 г
предупреждение торговли, защиту потерпевших и судебное преследование торговцев и их сообщников;
4. Подчеркивает роль национальных парламентов в принятии, среди прочего, законов, необходимых для борьбы с торговлей людьми, и приветствует статьи 106 и 107 Бухарест- ской декларации Парламентской ассамблеи, посвященные торговле людьми;
5. Постановляет укрепить деятельность ОБСЕ по борьбе с торговлей людьми и подчерки- вает необходимость интенсифицировать сотрудничество между различными институтами ОБСЕ, а также между ОБСЕ и другими международными организациями, такими, как соот- ветствующие учреждения Организации Объединенных Наций, Международная организа- ция по вопросам миграции, Совет Европы, Европейский союз и Интерпол;
6. Поддерживает работу Целевой группы по проблеме торговли людьми в рамках Пакта о стабильности и призывает, в частности, правительства стран соответствующего региона принимать активное участие в деятельности этой Целевой группы;
7. Призывает институты ОБСЕ, и в частности БДИПЧ, а также операции на местах разра- батывать и осуществлять программы противодействия торговле людьми и способство- вать скоординированным усилиям в области предупреждения, судебного преследования и защиты совместно с неправительственными организациями, международными органи- зациями и другими соответствующими институтами;
8. Обязуется повышать информированность обо всех аспектах проблемы торговли людьми, в частности, при содействии БДИПЧ, неправительственных организаций и других соот- ветствующих институтов, путем организации в случае необходимости учебных программ для государственных служащих, включая сотрудников правоохранительных, судебных, консульских и иммиграционных органов;
9. Берет на себя обязательство осуществлять необходимые меры, в том числе путем при- нятия и применения законодательства, для квалификации торговли Вена 2000 г. людьми как уголовного преступления, включая установление соответствующих мер наказания, в целях обеспечения эффективного противодействия ей со стороны правоохранительных органов и судебного преследования за нее. В таком законодательстве должен учитываться правозащитный подход к проблеме торговли людьми и должны содержаться положения о защите прав человека применительно к ее жертвам, обеспечивающие, чтобы жертвы тор- говли людьми не подвергались преследованию лишь по той причине, что они стали объ- ектом торговли;
10. Рассмотрит вопрос о принятии законодательных или других соответствующих мер, таких, как создание приютов, которые позволяли бы жертвам торговли людьми в соответ- ствующих случаях оставаться на их территории на временной или постоянной основе; об установлении соответствующих процедур репатриации жертв торговли людьми с долж- ным учетом их безопасности, включая выдачу документов; а также о выработке политики по вопросам обеспечения таких жертв социально-экономическими льготами, их реабили- тации и социальной реинтеграции;
11. Приветствует назначение в соответствующих случаях представителей правительств по проблеме торговли людьми в целях координации деятельности на национальном уровне и налаживания регионального и международного сотрудничества с предоставлением соот- ветствующей контактной информации другим государствам-участникам;
176 Вена, 2000 г
12. Признает, что деятельность ОБСЕ на местах, осуществляемая в рамках законов при- нимающих стран, может вносить в борьбу с торговлей людьми ценный вклад, в том числе в виде регулярного наблюдения, представления отчетов и содействия государственным орга- нам, в частности, путем стимулирования диалога и обеспечения связи между правитель- ствами и неправительственными организациями и институтами при принятии решений по конкретным случаям торговли людьми; а также призывает к укреплению взаимодей- ствия между операциями на местах;
13. Призывает Секретариат ОБСЕ в сотрудничестве с БДИПЧ усилить подготовку по вопро- сам борьбы с торговлей людьми в рамках вводных программ для персонала ОБСЕ на местах в целях повышения его способности следить за положением дел с торговлей людьми, докла- дывать об этом и предпринимать шаги по решению этой проблемы в рамках регулярной деятельности ОБСЕ; а также повышать в рамках институтов ОБСЕ и среди персонала ОБСЕ осведомленность о проблемах, связанных с торговлей людьми; доступ к этим учебным про- граммам должен быть предоставлен также государствам-участникам и другим междуна- родным организациям;
14. Приветствует дальнейшую разработку Секретариатом ОБСЕ кодекса поведения членов миссий ОБСЕ с включением в него положений о торговле людьми и других нарушениях прав человека, ожидает его скорейшего воплощения в жизнь Вена 2000 г. всеми структу- рами и институтами ОБСЕ, просит руководителей операций ОБСЕ на местах принимать надлежащие меры в случаях эксплуатации их сотрудниками жертв торговли людьми и счи- тает желательным, чтобы аналогичные нормы и практика принимались, где это уместно, всеми другими международными организациями.
177 Документ девятой встречи Совета министров Бухарест, 2001 г.
Бухарестская декларация Совета министров (…)
2. Мы решительно осуждаем все акты терроризма. Терроризму, независимо от его мотивов или происхождения, нет оправданий. Ничто не может служить оправданием сознатель- ных, целенаправленных ударов по ни в чем не повинным людям. В борьбе с терроризмом нельзя оставаться в стороне.
3. Демонстрируя солидарность ОБСЕ, Совет министров принял сегодня решение и план действий, касающиеся терроризма. Мы вновь заявляем, что борьба с терроризмом не есть война против религий или народов. Мы подтверждаем нашу приверженность защите прав человека и основных свобод.
4. Мы твердо намерены защитить своих граждан от новых вызовов их безопасности, обе- регая при этом верховенство закона, индивидуальные свободы и право на равное право- судие в рамках закона. Организованная преступность, незаконный оборот наркотиков и оружия и торговля людьми затрагивают безопасность, экономику и социальную струк- туру всех государств-участников. Совет министров поддерживает наращивание усилий и расширение международного сотрудничества в противостоянии этим вызовам и призы- вает государства-участники, еще не сделавшие этого, присоединиться к Конвенции Орга- низации Объединенных Наций против транснациональной организованной преступности и ее протоколам. (…)
12. Мы также вновь заявляем о своей приверженности отношениям, основанным на суве- ренном равенстве, взаимном уважении, сотрудничестве и поддержке демократии. Мы твердо намерены строить свои отношения в соответствии с концепцией общей и всеобъем- лющей безопасности, руководствуясь принципами равноправного партнерства, солидарно- сти и транспарентности. Мы сохраняем приверженность единому, свободному и мирному сообществу ОБСЕ от Ванкувера до Владивостока, которое совместными действиями отве- чает на вызовы миру и стабильности.
178 Бухарест, 2001 г
Решение о борьбе с терроризмом и бухарестский план действий по борьбе с терроризмом
Решение № 1:
Борьба c терроризмом
55 государств-участников ОБСЕ единым фронтом выступают против терроризма, этого бича нашей эпохи.
Государства-участники ОБСЕ решительно осуждают варварские террористические акты, совершенные против Соединенных Штатов Америки 11 сентября 2001 года. Это был удар, направленный против всего международного сообщества, людей всех вероисповеданий и культур. Эти гнусные злодеяния, а также прочие акты терроризма во всех его формах и проявлениях, когда бы, где бы и кем бы они ни совершались, несут угрозу международ- ному и региональному миру, безопасности и стабильности. Тем, кто осуществляет и финан- сирует подобные преступные акты, укрывает или иным образом поддерживает несущих за них ответственность, не должно быть убежища нигде. Терроризму, каковы бы ни были его корни или мотивация, нет оправдания.
Государства-участники ОБСЕ не отступят перед угрозами террористов, а будут бороться с ними, используя все средства в соответствии со своими международными обязатель- ствами. Это потребует долгих и неослабных усилий, но они черпают силы в своей широкой коалиции, простирающейся от Ванкувера до Владивостока. Они будут отстаивать свободу и защищать своих граждан от актов терроризма, в полной мере уважая международное право и права человека. Они категорически не приемлют отождествление терроризма с какой- либо нацией или религией и вновь подтверждают нормы, принципы и ценности ОБСЕ.
Государства-участники ОБСЕ обязуются укреплять и развивать двустороннее и многосто- роннее сотрудничество в рамках ОБСЕ, с Организацией Объединенных Наций и с другими международными и региональными организациями в целях борьбы с террористической деятельностью во всех ее формах и проявлениях, где бы и кем бы она ни осуществлялась. Будучи региональным соглашением по смыслу главы VIII Устава Организации Объединен- ных Наций, ОБСЕ преисполнена решимости вносить свой вклад в выполнение международ- ных обязательств, закрепленных, в частности, в резолюции 1373 (2001) Совета Безопасности Организации Объединенных Наций, и будет действовать в соответствии с целями и прин- ципами Устава Организации Объединенных Наций. Государства-участники ОБСЕ обязу- ются как можно скорее присоединиться ко всем 12 конвенциям и протоколам Организации Объединенных Наций, касающимся терроризма. Они призывают к скорейшему заверше- нию переговоров относительно всеобъемлющей конвенции Организации Объединенных Наций по международному терроризму.
Государства-участники ОБСЕ объединились в духе политической солидарности для совмест- ных действий. Они ожидают от Бишкекской международной конференции по укреплению безопасности и стабильности в Центральной Азии, проводимой 13–14 декабря 2001 года, существенного вклада в глобальные усилия по борьбе с терроризмом и будут оказывать центральноазиатским партнерам по их просьбе поддержку, в том числе в форме техниче- ской помощи, в противостоянии внешним угрозам, связанным с терроризмом.
С этой целью Совет министров ОБСЕ принимает прилагаемый к настоящему Решению Бухарестский план действий по борьбе с терроризмом.
179 Бухарест, 2001 г
Приложение
Бухарестский план действий по борьбе с терроризмом
I. Цель плана действий
1. Терроризм угрожает международному миру и безопасности как в регионе ОБСЕ, так и в других частях мира. ОБСЕ готова внести свой вклад в борьбу с терроризмом в тесном сотрудничестве с другими организациями и форумами. Этот вклад будет соответство- вать Платформе безопасности, основанной на сотрудничестве, и будет основан на исполь- зовании преимуществ взаимодействия между глобальными и региональными усилиями по борьбе с терроризмом под эгидой Организации Объединенных Наций. Государства-у- частники ОБСЕ мобилизуют свою политическую волю, ресурсы и практические средства на цели выполнения своих обязательств по существующим международным конвенциям, касающимся терроризма, и обязуются активизировать национальные, двусторонние и мно- госторонние усилия по борьбе с терроризмом.
2. ОБСЕ будет стремиться внести в глобальные усилия по борьбе с терроризмом свой соб- ственный вклад, отражающий специфику Организации, ее сильные стороны и сравни- тельные преимущества: всеобъемлющую концепцию безопасности, увязывающую воедино военно-политическое, человеческое и экономическое измерения; широкий состав ее членов; опыт ее работы на местах; и ее экспертный потенциал в сфере раннего предупреждения, предотвращения конфликтов, регулирования кризисов, постконфликтного восстановления и построения демократических институтов. Кроме того, многие эффективные контртерро- ристические меры относятся к тем областям, где ОБСЕ уже активно работает и приобрела немалый опыт, таким, как подготовка кадров полиции и полицейский мониторинг, зако- нодательная и судебная реформа и пограничный мониторинг.
3. Цель Плана действий заключается в создании основы для всесторонних действий ОБСЕ по борьбе с терроризмом, которые должны предприниматься государствами-участни- ками и Организацией в целом при полном уважении международного права, в том числе международных норм в области прав человека и других соответствующих международ- но-правовых норм. План действий направлен на расширение уже предпринимаемых мер по содействию борьбе с терроризмом, облегчению взаимодействия между государствами и, по мере необходимости, поиску новых инструментов деятельности. В Плане действий, в котором признается, что борьба с терроризмом требует неослабных усилий, будут ука- заны меры, которые предстоит предпринять незамедлительно, а также в среднесрочной и долгосрочной перспективе.
II. Международные юридические и политические обязательства
4. Конвенции Организации Объединенных Наций и резолюции Совета Безопасности Орга- низации Объединенных Наций составляют глобальную правовую основу для борьбы с тер- роризмом. Резолюции Совета Безопасности ООН 1269 (1999), 1368, 1373 и 1377 (2001) вместе с 12 соответствующими конвенциями и протоколами Организации Объединенных Наций по вопросам антитеррористической деятельности служат фундаментом для этой основы и включают ряд конкретных элементов борьбы с терроризмом. Кроме того, в целом ряде документов ОБСЕ, включая декларации встреч на высшем уровне, от хельсинкской до стам- бульской, прямо говорится о приверженности ОБСЕ борьбе с терроризмом в соответствии с Уставом Организации Объединенных Наций. Необходимо добиваться обеспечения самого
180 Бухарест, 2001 г
широкого и всестороннего участия государств-участников в существующих механизмах по борьбе с терроризмом и выполнении обязательств в этой области.
5. Государства-участники: обязуются предпринять меры к тому, чтобы, по возможности, до 31 декабря 2002 года присоединиться ко всем 12 конвенциям и протоколам Организа- ции Объединенных Наций, касающимся терроризма, признавая важную роль, которую могут играть парламентарии в вопросах ратификации и другой законодательной деятель- ности, направленной против терроризма; представляется целесообразным, чтобы госу- дарства информировали Постоянный совет о принятых в этом отношении мерах; будут конструктивно участвовать в проводимых Организацией Объединенных Наций перего- ворах о всеобъемлющей конвенции по борьбе с международным терроризмом и между- народной конвенции о пресечении актов ядерного терроризма, имея в виду их скорейшее успешное завершение.
6. Бюро по демократическим институтам и правам человека (БДИПЧ): в тесном сотруд- ничестве с другими организациями, включая Управление ООН по контролю над наркоти- ками и предупреждению преступности (УКНПП ООН), будет на основании официальных запросов заинтересованных государств-участников и по мере необходимости оказывать техническую помощь/консультационные услуги по законодательному оформлению рати- фикации международных документов.
7. Государства-участники: рассмотрят вопрос о том, каким образом ОБСЕ могла бы исполь- зовать наилучшую практику и уроки, извлеченные из опыта других соответствующих групп, организаций, институтов и форумов, в таких областях, как сотрудничество между поли- цейскими и судебными органами; недопущение и пресечение финансирования терроризма; исключение других видов поддержки; пограничный контроль, включая меры безопасно- сти в отношении виз и документов; и доступ правоохранительных органов к информации.
8. Государства-участники будут также использовать Форум по сотрудничеству в области без- опасности (ФСБ) для укрепления своих усилий по борьбе с терроризмом посредством пол- ного и своевременного осуществления всех соответствующих мер, согласованных в ОБСЕ. С этой целью они активизируют выполнение существующих военно-политических обяза- тельств и соглашений, в частности Кодекса поведения, касающегося военно-политических аспектов безопасности, и Документа о легком и стрелковом оружии (ЛСО).
ФСБ рассмотрит вопрос об адекватности других своих документов задачам борьбы с тер- роризмом и определит, существует ли необходимость в выработке дополнительных норм и мер. Подходящей основой для регулярных консультаций по этим вопросам в рамках ФСБ может служить диалог по проблемам безопасности.
Государства-участники представят ответы на вопросник по Кодексу поведения, обеспечива- ющие дальнейшую транспарентность в отношении международных, региональных и наци- ональных обязательств по борьбе с терроризмом и особенно соответствующих конвенций и резолюций Организации Объединенных Наций. ФСБ рассмотрит пути полного выполне- ния Документа о ЛСО, в частности раздела V о раннем предупреждении, предотвращении конфликтов, регулировании кризисов и постконфликтном восстановлении. ФСБ изучит воз- можность повышения транспарентности в отношении национальных систем маркировки, экспорта и импорта, а также процедур управления национальными запасами и обеспечения их безопасности главным образом путем анализа полученной в результате обмена инфор- мации и разработки руководств по лучшей практике. Конференция в рамках дальнейших
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шагов по Кодексу поведения и семинар по ЛСО, которые состоятся в 2002 году, могли бы внести дополнительный вклад в применение этих документов для борьбы с терроризмом.
III. Превентивные меры против терроризма в регионе ОБСЕ
9. Никакие обстоятельства и никакие мотивы не могут служить оправданием актов терро- ризма. В то же время существуют различные социальные, экономические, политические и прочие факторы, включая воинствующий сепаратизм и экстремизм, порождающие усло- вия, в которых террористические организации могут вербовать сторонников и рассчиты- вать на поддержку. Принятый ОБСЕ всеобъемлющий подход к вопросам безопасности, предусматривающий выявление и рассмотрение этих факторов в рамках всех соответству- ющих механизмов и структур ОБСЕ, обеспечивает ей тем самым сравнительные преиму- щества в борьбе с терроризмом.
10. Построение институтов, укрепление верховенства закона и органов государствен- ной власти. БДИПЧ: по просьбе государств будет продолжать и наращивать усилия по утверждению и содействию в построении демократических институтов, в частности, путем оказания помощи в укреплении административного потенциала, местных и центральных государственных и парламентских структур, судебной системы, институтов омбудсмена и гражданского общества; будет содействовать в этой связи обмену между государства- ми-участниками наилучшей практикой и опытом; будет и далее разрабатывать проекты по упрочению демократических институтов, гражданского общества и надлежащей прак- тики государственного управления.
11. Утверждение прав человека, терпимости и поликультурности. Государства-участ- ники/Постоянный совет/БДИПЧ/Верховный комиссар по делам национальных меньшинств (ВКНМ)/Представитель по вопросам свободы средств массовой информации: будут пропа- гандировать и укреплять терпимость, сосуществование и гармоничные отношения между этническими, религиозными, языковыми и другими группами, а также конструктивное сотрудничество между государствами-участниками в этом отношении; будут обеспечивать раннее предупреждение о возможности насилия, нетерпимости, экстремизма и дискрими- нации в отношении этих групп, адекватно реагировать на такие случаи и в то же время способствовать проявлению этими группами уважения к верховенству закона, демокра- тическим ценностям и свободе личности; будут добиваться того, чтобы лица, принадле- жащие к национальным меньшинствам, обладали правом свободно выражать, сохранять и развивать свою этническую, культурную, языковую или религиозную самобытность.
12. Представитель по вопросам свободы средств массовой информации: рассмотрит вопрос о разработке проектов, направленных на утверждение терпимости по отношению к людям других убеждений и верований путем использования средств массовой информации; будет способствовать принятию мер по недопущению в средствах массовой информации про- явлений агрессивного национализма, расизма, шовинизма, ксенофобии и антисемитизма и борьбе с ними; будет и далее стимулировать дискуссии в духе плюрализма и побуждать средства массовой информации уделять больше внимания пропаганде терпимого отно- шения к этническому, религиозному, языковому и культурному многообразию и в этом контексте будет способствовать широкому доступу общественности к средствам массо- вой информации, а также проявлять бдительность в отношении разжигания ненависти.
13. Преодоление негативных социально-экономических факторов. Государства-участ- ники/Секретариат: будут стремиться выявлять такие подрывающие безопасность эконо- мические и экологические проблемы, как неэффективное государственное управление,
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коррупция, противозаконная экономическая деятельность, высокий уровень безрабо- тицы, массовая нищета и глубокое неравенство, демографические факторы, и неустойчи- вое использование природных ресурсов, а также будут стремиться противодействовать подобным факторам, опираясь на оказываемую по их просьбе помощь Бюро координатора деятельности ОБСЕ в области экономики и окружающей среды (БКДЭОС), выступающего, в частности, в роли катализатора деятельности и сотрудничества.
14. Предотвращение конфликтов, сопровождающихся насилием, и содействие мир- ному урегулированию споров. Опираясь на весь свой потенциал, ОБСЕ будет продолжать и активизировать усилия по раннему предупреждению и адекватному реагированию, пре- дотвращению конфликтов, регулированию кризисов и постконфликтному восстановлению; укреплять свои возможности по урегулированию конфликтов; наращивать усилия по нахо- ждению прочного решения неурегулированных конфликтов, в том числе путем утвержде- ния верховенства закона и предупреждения преступности в подобных зонах конфликтов на путях более широкого сотрудничества с Организацией Объединенных Наций, Европей- ским союзом и другими международными организациями; и далее развивать свой потен- циал быстрого развертывания (РЕАКТ) в кризисных ситуациях.
15. Решение проблемы затянувшегося перемещения. Государства-участники/ БДИПЧ/ ВКНМ/Представитель по вопросам свободы средств массовой информации: будут изучать возможности укрепления потенциала ОБСЕ по поиску надежных решений, поддержке дру- гих соответствующих организаций, в первую очередь Управления Верховного комиссара ООН по делам беженцев, и тесному сотрудничеству с ними; будут внимательно следить за ситуациями, связанными с затянувшимся перемещением.
16. Укрепление национального антитеррористического законодательства. Государства-у- частники: обязуются выполнять все обязательства, принятые ими в рамках соответству- ющих конвенций и протоколов, касающихся терроризма, а также в рамках Конвенции Организации Объединенных Наций против транснациональной организованной пре- ступности и дополняющих ее протоколов, обмениваться соответствующей информацией и методикой и рассматривать пути и средства сотрудничества в вопросах осуществления на встречах, проводимых на двусторонней основе, в рамках всей ОБСЕ и на субрегиональ- ном уровне.
17. Парламентская ассамблея ОБСЕ: продолжит свои усилия по содействию диалогу между парламентариями стран ОБСЕ с целью укрепления законодательства, необходимого для борьбы с терроризмом.
18. БДИПЧ: по просьбе заинтересованных государств-участников в соответствующих слу- чаях будет оказывать техническую помощь/консультационные услуги в вопросах осу- ществления международных конвенций и протоколов по борьбе с терроризмом, а также приведения этого законодательства в соответствие с международными нормами согласно решениям Постоянного совета и стремиться в этих целях к сотрудничеству с другими орга- низациями, особенно с УКНПП ООН; рассмотрит пути облегчения контактов между наци- ональными экспертами с целью содействия обмену информацией и наилучшей практикой, связанной с законодательством по противодействию терроризму.
19. Поддержка правоохранительной деятельности и борьба с организованной преступно- стью. Государства-участники: отмечая тесную связь между терроризмом и транснациональ- ной организованной преступностью, незаконным оборотом наркотиков, отмыванием денег и незаконной торговлей оружием, будут предпринимать необходимые меры по недопущению
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на своей территории противозаконной деятельности лиц, групп или организаций, которые поощряют, финансируют, организуют, способствуют или участвуют в совершении терро- ристических актов или других противозаконных действий, направленных на насильствен- ное свержение политического режима другого государства-участника; будут оказывать друг другу максимальную помощь в предоставлении информации в связи с уголовными расследованиями или процедурами выдачи преступников, связанными с террористиче- скими актами, в соответствии со своим внутренним законодательством и международ- ными обязательствами.
20. Постоянный совет: рассмотрит вопрос об организации регулярных встреч должност- ных лиц правоохранительных органов государств-участников и, в соответствующих слу- чаях, экспертов ОБСЕ, обладающих необходимым опытом в данной области, для обмена наилучшей практикой и идеями по совершенствованию сотрудничества.
21. Секретариат: будет оказывать помощь государствам-участникам по их просьбе путем принятия мер по борьбе с торговлей людьми, наркотиками и легким и стрелковым ору- жием, согласно соответствующим решениям Постоянного совета, и будет прилагать усилия к созданию условий для усиления пограничного мониторинга там, где это целесообразно; будет далее оказывать содействие государствам-участникам, предоставляя им по их просьбе и с их согласия консультационные услуги и помощь в вопросах реструктуризации и(или) воссоздания полицейских служб, наблюдения за работой существующих полицейских служб и подготовки кадров для них, в том числе в области прав человека, а также созда- ния потенциала, включая поддержку интегрированных или многоэтнических полицей- ских служб; с этой целью будет укреплять свою нынешнюю связанную с полицейскими функциями деятельность в области предотвращения конфликтов, регулирования кризи- сов и постконфликтного восстановления.
22. БДИПЧ: будет и впредь консультировать государства-участники по их просьбе по вопро- сам укрепления обеспечивающих верховенство закона внутренних правовых механизмов и институтов, таких, как правоохранительные органы, суды и органы прокуратуры, ассо- циации юристов и адвокаты; будет расширять свою деятельность по борьбе с торговлей людьми и оказывать поддержку жертвам такой торговли; будет в соответствующих слу- чаях поддерживать проведение тюремной реформы и совершенствование уголовно-про- цессуальных норм.
23. Представитель по вопросам свободы средств массовой информации: будет по запросам участвовать в поддержке усилий по выработке законодательства о недопущении исполь- зования информационных технологий в целях террористической деятельности при обе- спечении соответствия таких законов обязательствам, касающимся свободы выражения мнений и свободы потоков информации.
24. Пресечение финансирования терроризма. Государства-участники: будут в рамках Конвенции Организации Объединенных Наций о борьбе с финансированием терроризма и резолюции 1373 (2001) Совета Безопасности ООН принимать меры по предотвращению и пресечению финансирования терроризма, введению уголовной ответственности за умыш- ленное предоставление или сбор средств в целях террористической деятельности и бло- кированию активов террористов, принимая также во внимание резолюцию 1267 (1999) Совета Безопасности ООН; будут, в соответствии со своим внутренним законодательством и обязательствами по международному праву оперативно реагировать на запросы других государств-участников и соответствующих международных организаций о предоставле- нии информации.
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25. Государства-участники/Секретариат: будут в рамках намеченной на 2002 год деятель- ности в области экономики и окружающей среды рассматривать также способы проти- водействия экономическим факторам, которые могут способствовать возникновению терроризма, преодоления экономических последствий терроризма и пресечения финан- совой поддержки террористов; рассмотрят вопрос о возможном вкладе ОБСЕ в рамках ее работы по повышению транспарентности и борьбы с коррупцией в общие международные усилия, направленные против терроризма; рассмотрят вопрос о том, чтобы взять на себя катализирующую роль в организации для персонала национальных финансовых учреж- дений целевых проектов учебной подготовки по тематике борьбы с терроризмом, включая контроль за финансовыми потоками и недопущение отмывания денег. Государства-участ- ники будут принимать конструктивное участие в предстоящих переговорах по линии Орга- низации Объединенных Наций относительно глобального правового документа о борьбе с коррупцией в интересах их скорейшего успешного завершения.
26. Предотвращение передвижения террористов. Государства-участники: будут предот- вращать передвижение террористов или террористических групп с помощью эффектив- ного пограничного контроля и контроля за выдачей документов, удостоверяющих личность, и проездных документов, а также с помощью мер безопасности в отношении таких докумен- тов и предупреждения их фальсификации, подделки и незаконного использования; будут применять такие меры контроля с полным соблюдением своих обязательств по междуна- родно-правовым актам о беженцах и о правах человека; будут путем надлежащего примене- ния положений об исключениях, содержащихся в Конвенции 1951 года о статусе беженцев и Протоколе 1967 года к ней, обеспечивать, чтобы лицам, участвовавшим в террористи- ческих актах, не предоставлялось убежище; будут обеспечивать своевременное задержа- ние и судебное преследование либо выдачу лиц, обвиняемых в террористических актах, в соответствии со своими обязательствами по международному и национальному праву.
IV. Действия в соответствии с Платформой безопасности, основанной на сотрудничестве, – сотрудничество с другими организациями
27. Организационные рамки для глобальной борьбы с терроризмом обеспечивает Орга- низация Объединенных Наций. Между всеми соответствующими участниками должно быть налажено тесное сотрудничество и координация действий. ОБСЕ может взять на себя координирующую роль при осуществлении межрегиональных и внутрирегиональных ини- циатив. ОБСЕ расширяет работу на местах, пользуясь тесными контактами с неправитель- ственными организациями (НПО), гражданским обществом и парламентариями и создавая все более плотную сеть в поддержку международной антитеррористической коалиции.
28. Государства-участники/Секретариат: будут укреплять сотрудничество и обмен инфор- мацией как на официальной, так и неофициальной основе с другими соответствующими группами, организациями и институтами, участвующими в борьбе с терроризмом; будут укреплять сотрудничество с Европейским союзом в области анализа и раннего предупреж- дения, а также повышать синергетический эффект взаимодействия с Пактом о стабильности для Юго-Восточной Европы и Центральноевропейской инициативой в областях, имеющих отношение к борьбе с терроризмом; будут развивать диалог в регионе ОБСЕ по вопросам, касающимся новых угроз и вызовов; будут расширять диалог с партнерами за пределами региона ОБСЕ, в частности со средиземноморскими партнерами по сотрудничеству и пар- тнерами по сотрудничеству в Азии, Шанхайской организацией сотрудничества, Совеща- нием по взаимодействию и мерам укрепления доверия в Азии, Организацией Исламская конференция, Лигой арабских стран, Африканским союзом и государствами, граничащими
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с регионом ОБСЕ, в целях обмена информацией о наилучшей практике и извлеченных уро- ках, касающихся борьбы с терроризмом, для их применения в регионе ОБСЕ.
V. Дальнейшие шаги
29. Бишкекская международная конференция на тему «Укрепление безопасности и ста- бильности в Центральной Азии: наращивание всесторонних усилий по противодействию терроризму», которая состоится в Бишкеке 13–14 декабря 2001 года, станет первой воз- можностью для: • обсуждения с широким кругом участников на основе настоящего Плана действий кон- кретного опыта и наилучшей практики борьбы с международным терроризмом и • применения, с учетом специфических вызовов безопасности данного региона, соответ- ствующих положений настоящего Плана действий в целях практической поддержки госу- дарств-участников в Центральной Азии, включая финансовую и техническую помощь в конкретных областях, представляющих для них интерес.
30. До 27 декабря 2001 года Генеральный секретарь доложит Контртеррористическому коми- тету Организации Объединенных Наций о принятых ОБСЕ мерах по борьбе с терроризмом и будет в дальнейшем по мере необходимости информировать Организацию Объединен- ных Наций. Кроме того, он будет регулярно информировать Постоянный совет о деятель- ности ОБСЕ в рамках настоящего Плана действий. Он подготовит для представления на следующей встрече Совета министров ОБСЕ/встрече ОБСЕ на высшем уровне доклад о дея- тельности органов ОБСЕ в области борьбы с терроризмом и будет в дальнейшем готовить такие доклады по запросу Постоянного совета.
31. Каждый орган ОБСЕ, призванный предпринимать действия в соответствии с настоящим Планом, подготовит для представления Постоянному совету «маршрутную карту» решения соответствующих задач, включающую график, потребности в ресурсах и указание меро- приятий, в связи с которыми потребуются дополнительные решения Постоянного совета.
На основе информации, представленной другими органами ОБСЕ, Секретариат подго- товит примерную оценку административно-финансовых последствий настоящего Плана действий, включая возможное создание в Секретариате антитеррористической группы или координационного центра, и подготовит для утверждения Постоянным советом реко- мендации относительно необходимых ресурсов в рамках бюджета на 2002 год. Постоян- ный совет, в частности, через Действующего председателя и при поддержке Секретариата будет следить за выполнением настоящего Плана действий. Кроме того, он будет опреде- лять возможные источники помощи в осуществлении контртеррористических мер, включая использование групп экспертов и возможность постановки Постоянным советом дополни- тельных задач присутствиям ОБСЕ на местах в тесном взаимодействии и согласии с пра- вительствами принимающих стран. (…)
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Решения бухарестской встречи Совета министров (…)
Решение № 5 Совета министров
Совет министров,
вновь подтверждая свою озабоченность проявлениями агрессивного национализма, расизма, шовинизма, ксенофобии, антисемитизма и воинствующего экстремизма, где бы они ни имели место,
вновь подтверждая свою решимость выполнять все принятые в ОБСЕ обязательства, каса- ющиеся принятия мер в этом отношении,
призывает государства-участники способствовать терпимости и недопущению дискрими- нации, в том числе с помощью кампаний по повышению осведомленности и посредством просветительской работы;
призывает институты ОБСЕ, в частности БДИПЧ, Верховного комиссара по делам нацио- нальных меньшинств и Представителя по вопросам свободы средств массовой информации уделять повышенное проявлениям агрессивного национализма, расизма, шовинизма, ксено- фобии, антисемитизма и воинствующего экстремизма, борьбе с нетерпимостью и дискрими- нацией по признаку расового или этнического происхождения, религиозных, политических или иных убеждений, а также содействию уважению верховенства закона, демократиче- ских ценностей, прав человека и основных свобод, включая свободу выражения мнений, свободу мысли, совести, религии или убеждений.
Поручает Постоянному совету рассмотреть вопрос о выработке дальнейших мер в этом отношении.
Решение № 6 Совета министров
Совет министров,
вновь выражая свою приверженность борьбе против всех форм торговли людьми, затра- гивающей все государства-участники,
заявляя о своей приверженности развитию сотрудничества и взаимодействия между госу- дарствами-участниками, касающегося мер по борьбе с торговлей людьми и связанными с ней преступлениями,
призывает государства-участники подписать и ратифицировать Конвенцию Организации Объединенных Наций против транснациональной организованной преступности и Про- токол к ней о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее;
приветствует успешное завершение разработки Кодекса поведения сотрудников ОБСЕ и Руководства по борьбе с торговлей людьми и их распространение среди персонала ОБСЕ;
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вновь подтверждает свою поддержку работы БДИПЧ, операций на местах и деятельности Целевой группы по борьбе с торговлей людьми в рамках Пакта о стабильности;
приветствует обмен информацией с целью наращивания усилий по расследованию, обе- спечению правопорядка и предупреждению преступности;
призывает государства-участники ускорить принятие необходимых мер во исполнение обязательств, принятых ими на Венской встрече министров, включая предупреждение торговли людьми, защиту ее жертв, а также преследование лиц, занимающихся такой тор- говлей, и их сообщников.
Решение № 7 Совета министров
Совет министров,
принимая к сведению выводы Бухарестской конференции на тему «Равные возможности для рома и синти»,
заявляя о своей поддержке работы пункта для контактов по вопросам, касающимся рома и синти, и свое твердое намерение укреплять этот пункт для контактов,
поручает БДИПЧ разработать в соответствии с указаниями Стамбульской встречи на выс- шем уровне целевой план действий в качестве одного из способов, позволяющих повы- сить способность пункта для контактов оказывать государствам-участникам содействие в выполнении их обязательств по улучшению положения рома и синти, и представить его Постоянному совету;
выражает пожелание, чтобы пункт для контактов по вопросам, касающимся рома и синти, продолжал свою работу в тесном сотрудничестве с государствами-участниками, Советом Европы и другими соответствующими организациями и информировал об этом Посто- янный совет.
Решение № 8 Совета министров
Совет министров,
признавая, что равенство женщин и мужчин является необходимой предпосылкой устой- чивой демократии и стабильности в регионе ОБСЕ,
будучи убежден в способности женщин вносить вклад в предотвращение конфликтов, про- цессы примирения и миростроительства,
подтверждая приверженность защите и обеспечению прав женщин и сознавая уязвимость женщин, особенно в конфликтных и постконфликтных ситуациях,
будучи преисполнен решимости вести борьбу против всех форм насилия в отношении жен- щин, включая бытовое насилие,
признавая необходимость создания реабилитационных центров для женщин, подверг- шихся насилию,
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приветствуя тот факт, что в текущем году ОБСЕ уделяла больше внимания проблеме наси- лия в отношении женщин, затрагивающей все государства-участники ОБСЕ,
призывает к выполнению Плана действий по гендерным вопросам;
поручает Постоянному совету рассмотреть вопрос о возможном вкладе ОБСЕ в предупре- ждение насилия в отношении женщин.
Решение № 9 Совета министров:
Деятельность, связанная с полицейскими функциями
Совет министров,
вновь подтверждая выявившееся на Стамбульской встрече на высшем уровне понимание, что во всем мире и в регионе ОБСЕ возникли новые угрозы и вызовы безопасности и что эти новые вызовы – международный терроризм, агрессивный экстремизм, организованная преступность и оборот наркотиков, а также чрезмерное и дестабилизирующее накопление и неконтролируемое распространение легкого и стрелкового оружия – представляют все большую угрозу безопасности,
вновь подтверждая выраженное в Стамбуле твердое намерение более активно и тесно сотрудничать друг с другом в противодействии этим вызовам и обеспечить более надеж- ную защиту от этих новых вызовов и угроз,
отмечая принятое в Стамбуле обязательство противостоять общим вызовам и понимание того, что основой защиты от этих новых угроз и вызовов являются прочные демократиче- ские институты и верховенство закона,
подтверждая, что для утверждения верховенства закона и защиты демократических инсти- тутов необходима эффективная полицейская деятельность,
также подтверждая, что расширение сотрудничества между государствами-участниками в деятельности, связанной с полицейскими функциями, может способствовать отражению этих новых угроз и вызовов,
напоминая о принятом государствами-участниками ОБСЕ на Стамбульской встрече на высшем уровне обязательстве расширить возможности в области полицейской деятельно- сти с целью оказания помощи в поддержании верховенства закона,
напоминая также о содержащихся в пунктах 44 и 45 принятой в Стамбуле Хартии евро- пейской безопасности обязательстве укрепить роль ОБСЕ в деятельности, связанной с функциями гражданской полиции, в качестве составной части усилий Организации по пре- дотвращению конфликтов, регулированию кризисов и постконфликтному восстановлению,
ссылаясь также на принятое в Стамбуле обязательство способствовать развитию незави- симых судебных систем, играющих ключевую роль в предоставлении правовой защиты от нарушений прав человека, а также в оказании консультационных услуг и помощи в рефор- мировании пенитенциарной системы, и работать с другими международными организаци- ями с целью создания политических и правовых условий, позволяющих полиции выполнять свои задачи в соответствии с принципами демократии и верховенства закона,
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руководствуясь Решением Совета министров о деятельности, связанной с полицейскими функциями, от 28 ноября 2000 года и принимая к сведению результаты дискуссии на встрече полицейских экспертов, состоявшейся в Вене 28–29 июня 2001 года,
принимая к сведению Решение Совета министров от 4 декабря 2001 года о борьбе с терро- ризмом и содержащееся в нем обязательство всех государств-участников ОБСЕ укреплять и развивать двустороннее и многостороннее сотрудничество в рамках ОБСЕ, с Организа- цией Объединенных Наций и с другими международными и региональными организаци- ями в целях борьбы с террористической деятельностью во всех ее формах и проявлениях, где бы и кем бы она ни осуществлялась, в соответствии со своими международными обя- зательствами,
признавая также роль правоохранительной деятельности в содействии выполнению Реше- ния Совета министров от 28 ноября 2000 года об активизации усилий ОБСЕ по борьбе с тор- говлей людьми и в выполнении Решения Форума по сотрудничеству в области безопасности от 24 ноября 2000 года о Документе ОБСЕ о легком и стрелковом оружии,
и принимая во внимание увеличение числа поступающих от государств-участников просьб к ОБСЕ об оказании помощи в деятельности, связанной с полицейскими функциями, и недавнее наращивание усилий Организации по наблюдению за деятельностью полиции и подготовке полицейских кадров, включая полицейские службы, состоящие из предста- вителей разных этнических групп и(или) вероисповедований, в кризисных или посткон- фликтных ситуациях,
1. Постановляет, что при разработке планов деятельности ОБСЕ, связанной с полицейскими функциями, с целью противостояния новым вызовам безопасности и активизации поли- цейской деятельности ОБСЕ, направленной на предотвращение конфликтов, регулирова- ние кризисов и постконфликтное восстановление, ОБСЕ будет: • стремиться к обеспечению преемственности при построении институтов и функциональ- ном отходе от опоры на международную помощь и сведении на нет зависимости от нее; • изучать и развивать роль работы по подготовке полицейских кадров, особенно комплекс- ной, в создании полицейских служб, которые могли бы пользоваться доверием всего насе- ления, а также в укреплении доверия; и • рассматривать варианты и условия участия ОБСЕ в правоохранительной деятельности.
2. Постановляет укреплять существующую деятельность ОБСЕ, связанную с полицейскими функциями, в области предотвращения конфликтов, регулирования кризисов и посткон- фликтного восстановления, в том числе путем предоставления государствам-участникам по их просьбе и с их согласия консультационных услуг и помощи в вопросах реструкту- ризации и(или) воссоздании полицейских служб, наблюдения за работой существующих полицейских служб и подготовки кадров для них, в том числе в области прав человека и основных свобод, а также создания потенциала, включая, где это целесообразно, под- держку интегрированных или многоэтнических полицейских служб.
3. Постановляет наращивать и развивать сотрудничество между государствами-участни- ками в противодействии новым вызовам безопасности, в том числе путем: • осуществления и координации, по просьбе государств-участников и с их согласия и – если это необходимо в соответствии с действующими процедурами ОБСЕ, по решению Постоянного совета, деятельности ОБСЕ по подготовке полицейских кадров, в том числе на субрегиональном уровне, с целью:
190 Бухарест, 2001 г
– расширения оперативно-тактических возможностей полиции; – повышения квалификации полицейских в ключевых областях, включая уважение прав человека и основных свобод и, при необходимости, в вопросах, связанных с крими- нальными аспектами незаконной миграции; и – укрепления потенциала в области полицейской работы на местах, борьбы с наркоти- ками, коррупцией и терроризмом; и • по просьбе государств-участников и с их согласия: – предоставления рекомендаций или организации оказания экспертных услуг, касаю- щихся потребностей в эффективной полицейской работе (оценка потребностей) и спосо- бов их удовлетворения, в том числе путем создания условий или изыскания источников финансирования для выполнения подобных рекомендаций со стороны ОБСЕ, ее госу- дарств-участников в порядке внебюджетного финансирования или других соответ- ствующих международных или региональных организаций; и – стимулирование, по мере необходимости, обмена между государствами-участниками информацией относительно извлеченных уроков и наилучшей полицейской практики по противодействию этим новым вызовам безопасности.
4. В целях поддержки вышеназванных видов деятельности и обязательств, в соответствии с Платформой безопасности, основанной на сотрудничестве, ОБСЕ будет: • созывать при необходимости – желательно каждый год – совещания полицейских экспер- тов из государств-участников ОБСЕ и представителей других соответствующих специа- лизированных международных и региональных организаций; • обеспечивать, чтобы деятельность ОБСЕ по вопросам, связанным с полицейскими функ- циями, координировалась с другими соответствующими субъектами и организаци- ями – включая рассмотрение работы, ведущейся на субрегиональном, региональном и международном уровне, и, если возможно, повышение совместимости с ней – с целью добиться максимального эффекта и пользы для Организации и принимающего государ- ства-участника и избежать пробелов, дублирования или перекрещивания функций; и • повышать возможности и способности Организации в области концептуальной прора- ботки и осуществления эффективной деятельности ОБСЕ по подготовке полицейских кадров, наблюдению за работой полиции и укреплению ее потенциала, а также управле- ния этой деятельностью, в том числе путем развития связей с другими соответствующими организациями и национальными учреждениями, а также ведущими учреждениями по оказанию гуманитарной помощи.
5. Во исполнение вышеизложенных обязательств государства-участники обязуются: • расширять сотрудничество между собой по вопросам, связанным с полицейскими функ- циями, с целью противостояния новым угрозам и вызовам их безопасности как на двусто- роннем, так и на многостороннем уровне, а также, при необходимости, путем укрепления контактов между соответствующими органами; и • делиться специальными знаниями и опытом ОБСЕ в вопросах деятельности, связанной с полицейскими функциями, с другими соответствующими международными органи- зациями, членам которых они являются, с целью повышения эффективности междуна- родных действий по отражению этих новых угроз и вызовов безопасности.
6. Постоянный совет на основе ежегодного доклада Генерального секретаря о деятельно- сти ОБСЕ, связанной с полицейскими функциями, каждый год будет проводить обзор этой
191 деятельности, в том числе с целью рассмотрения вопроса о том, как такая деятельность могла бы наилучшим образом способствовать преодолению вызовов безопасности, и при- нятия решений о необходимых дальнейших шагах в соответствии с процедурами ОБСЕ.
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Документ десятой встречи Совета министров Порту, 2002 г.
I. Декларация встречи Совета министров в Порту
Реагируя на перемены
1. Мы, министры иностранных дел государств-участников Организации по безопасно- сти и сотрудничеству в Европе, собравшись в Порту, вновь подтвердили свою решимость работать сообща, чтобы защитить наши народы от существующих и возникающих угроз безопасности. Меняющаяся обстановка в политической области, в области безопасности и экономики ставит ОБСЕ перед лицом новых вызовов. С каждым годом нового столе- тия мы видим эти вызовы все отчетливее, а уникальный вклад ОБСЕ в построение такого международного сообщества, где все страны и все люди смогут ощущать себя в безопасно- сти, приобретает все большую ценность. У нас есть историческая возможность утвердить прочный мир, благополучие и демократию в масштабах всей Европы, которая становится все более единой.
2. Мы вновь подтверждаем свою приверженность повышению безопасности и развитию сотрудничества во всем регионе ОБСЕ, без каких-либо разделительных линий, путем укре- пления взаимного доверия и совместной работы по решению вопросов безопасности в духе транспарентности и партнерства. Наши усилия будут дополняться усилиями других меж- дународных организаций и институтов, с которыми мы будем тесно сотрудничать на базе Платформы безопасности, основанной на сотрудничестве.
3. В то же время в условиях меняющегося характера угроз нашей безопасности наша орга- низация должна вырабатывать на них новые ответы, охватывающие и укрепляющие все три измерения нашего всеобъемлющего подхода. Наши усилия по упрочению мира и ста- бильности должны идти рука об руку с нашей решимостью в полном объеме обеспечивать уважение прав человека, основных свобод и верховенства закона, а также укреплять необ- ходимые предпосылки устойчивого развития во всех наших государствах.
4. Как показали недавние террористические акты, и в частности захват заложников в Москве, терроризм по-прежнему является угрозой безопасности личности и глобальной безопасно- сти. В принятой нами сегодня Хартии о предупреждении терроризма и борьбе с ним излага- ются принципы нашего общего подхода к терроризму. В прошлом году, вслед за событиями 11 сентября, мы приняли в Бухаресте План действий по борьбе с терроризмом, а сегодня постановили еще больше активизировать свои усилия по его осуществлению.
5. Стремясь обеспечить, чтобы ОБСЕ могла эффективно реагировать на нынешние и буду- щие потребности, мы пришли к выводу о том, что ей следует в течение 2003 года продол- жить разработку стратегии противодействия угрозам безопасности и стабильности в XXI веке. Ежегодная конференция ОБСЕ по обзору проблем в области безопасности, решение
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о которой мы приняли сегодня, будет служить механизмом для расширения диалога по проблемам безопасности и для рассмотрения работы в области безопасности, проводимой ОБСЕ и ее государствами-участниками. Мы также постановили рассмотреть роль ОБСЕ в миротворческих операциях на предмет оценки возможностей ОБСЕ и определения вари- антов ее участия в этой деятельности.
6. Хорошо налаженная работа полиции может вносить важный вклад в обеспечение без- опасности и стабильности. Мы подтверждаем, что ОБСЕ следует и впредь развивать свою способность оказывать помощь государствам-участникам, стремящимся повысить свои возможности в области полицейской деятельности, и будем приветствовать выделение государствами-участниками необходимых ресурсов. (…)
8. Центральное место в деятельности Организации продолжает занимать человеческое измерение. Принятые в этом году новые условия проведения совещаний ОБСЕ по рассмо- трению выполнения, посвященных вопросам человеческого измерения, послужат дальней- шему повышению эффективности работы Организации и ее институтов. Мы договорились пересмотреть и обновить План действий ОБСЕ по борьбе с торговлей людьми. Одной из первоочередных задач является утверждение толерантности и недискриминации, о чем нами принято отдельное решение. Мы также приняли решение об обязательствах, касаю- щихся выборов, и будем продолжать сотрудничество в этой области.
9. Мы отдаем должное значительному вкладу, который наши институты и операции на местах, благодаря усилиям своих преданных делу сотрудников, вносят в практическое осу- ществление целей и принципов нашей организации в сотрудничестве с принимающими государствами. Мы поручаем Постоянному совету по мере необходимости рассматривать способы дальнейшего улучшения функционирования операций на местах и повышения их эффективности. (…)
II. Хартия ОБСЕ о предупреждении терроризма и борьбе с ним
Государства-участники ОБСЕ, твердо приверженные совместной борьбе с терроризмом,
1. Самым решительным образом осуждают терроризм во всех его формах и проявлениях, независимо от того, когда, где и кем совершаются террористические акты, и вновь заявляют, что не существует обстоятельств или мотивов, оправдывающих акты терроризма или его поддержку;
2. Категорически не приемлют отождествление терроризма с какой-либо нацией или рели- гией и вновь подтверждают, что противодействие терроризму не направлено против какой- либо религии, нации или народа;
3. Сознают, что терроризм требует скоординированного и всеобъемлющего ответа и что акты международного терроризма, как гласит резолюция 1373 (2001) Совета Безопасности Организации Объединенных Наций, представляют собой угрозу международному и реги- ональному миру и безопасности;
4. Заявляют, что акты, методы и практика терроризма, а также сознательное пособниче- ство и потворство таким актам, их финансирование, планирование и подстрекательство к ним противоречат целям и принципам ООН и ОБСЕ;
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5. Считают чрезвычайно важным дополнить продолжающийся процесс выполнения при- нятых в ОБСЕ обязательств в отношении терроризма подтверждением основополагающих, незыблемых принципов, на которых основаны и впредь будут основываться действия ОБСЕ и которые государства-участники полностью разделяют;
6. Подтверждают свое обязательство принимать меры, необходимые для защиты от терро- ристических актов прав человека и основных свобод, особенно права на жизнь, каждого, кто находится под их юрисдикцией;
7. Обязуются принимать эффективные и решительные меры против терроризма и осущест- влять все контртеррористические меры и сотрудничество в соответствии с принципом верховенства закона, Уставом ООН и соответствующими положениями международного права, международными стандартами в области прав человека и, где это применимо, поло- жениями международного гуманитарного права;
8. Вновь подтверждают, что каждое государство обязано воздерживаться от укрыватель- ства террористов, от организации террористических актов в другом государстве, подстре- кательства к ним, оказания им активной или пассивной поддержки или содействия и от спонсирования их в какой-либо иной форме, а также не должно попустительствовать на своей территории организованной деятельности, направленной на совершение таких актов;
9. Будут сотрудничать с целью обеспечить, чтобы любое лицо, которое сознательно уча- ствует в финансировании, планировании, подготовке или совершении террористических актов или в оказании поддержки таким актам, предстало перед правосудием, и с этой целью будут оказывать друг другу максимальное содействие, предоставляя информацию в связи с уголовными расследованиями или процедурами экстрадиции преступников, имеющими отношение к террористическим актам, в соответствии со своим внутренним законодатель- ством и международными обязательствами;
10. Будут предпринимать надлежащие шаги с целью не допустить предоставления убежища любому лицу, планировавшему, способствовавшему или участвовавшему в террористи- ческих актах, соблюдая при этом соответствующие положения внутригосударственного и международного права и должным образом применяя оговорки об исключениях, содер- жащиеся в Конвенции 1951 года о статусе беженцев и Протоколе 1967 года к ней;
11. Признают, что соответствующие конвенции и протоколы Организации Объединенных Наций и резолюции Совета Безопасности ООН, в частности резолюция 1373 (2001) Совета Безопасности ООН, образуют первичную международно-правовую основу для борьбы с терроризмом;
12. Признают важность работы, проводимой Контртеррористическим комитетом Совета Безопасности ООН, и вновь подтверждают обязательство и готовность государств-участ- ников и ОБСЕ сотрудничать с этим комитетом;
13. Напоминают о роли ОБСЕ как регионального соглашения по смыслу главы VIII Устава ООН и о ее обязательствах в этом контексте вносить вклад в глобальную борьбу с терро- ризмом;
14. Напоминают о своем Решении о борьбе с терроризмом и своем Плане действий по борьбе с терроризмом, принятых на девятой встрече Совета министров ОБСЕ в Бухаресте, и под- тверждают содержащиеся в них обязательства;
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15. С удовлетворением отмечают Декларацию и Программу действий, принятые на состояв- шейся 13–14 декабря 2001 года Бишкекской международной конференции на тему «Укрепле- ние безопасности и стабильности в Центральной Азии: наращивание всесторонних усилий по противодействию терроризму»;
16. Вновь подтверждают выраженное в принятой на Стамбульской встрече на высшем уровне Хартии европейской безопасности, включая Платформу безопасности, основанной на сотрудничестве, твердое намерение активнее и теснее сотрудничать друг с другом и с дру- гими международными организациями в противодействии угрозам и вызовам безопасности;
17. Подчеркивают, что предупреждение терроризма и борьба с ним должны основываться на концепции общей и всеобъемлющей безопасности и на долговременном подходе, и обя- зуются использовать три измерения ОБСЕ и все ее органы и институты для оказания госу- дарствам-участникам по их просьбе содействия в предупреждении терроризма во всех его формах и борьбе с ним;
18. Заявляют о том, что выполнят свое обязательство – в соответствии с конвенциями и про- токолами ООН и резолюциями Совета Безопасности, а также другими международными обязательствами – обеспечить, чтобы террористические акты и деятельность в поддержку таких актов, включая финансирование терроризма, квалифицировались во внутреннем законодательстве как серьезные уголовные правонарушения;
19. Будут работать сообща в целях предотвращения, пресечения и расследования терро- ристических актов и преследования виновных, в том числе путем наращивания сотруд- ничества и выполнения в полном объеме соответствующих международных конвенций и протоколов, касающихся терроризма;
20. Убеждены в необходимости устранять потенциальные предпосылки возникновения и существования терроризма, в частности, путем обеспечения полного уважения демокра- тии и верховенства закона, предоставления всем гражданам возможности в полной мере участвовать в политической жизни, недопущения дискриминации и поощрения межкуль- турного и межрелигиозного диалога в своих обществах, вовлечения гражданского общества в поиск общего политического урегулирования конфликтов, утверждения прав человека и толерантности, а также путем борьбы с бедностью;
21. Признают положительную роль, которую средства массовой информации могут играть в пропаганде толерантности и взаимопонимания между представителями различных рели- гий, убеждений, культур и народов, а также в содействии более широкому осознанию угрозы терроризма;
22. Обязуются бороться с пропагандой ненависти и принимать необходимые меры для недо- пущения злоупотребления средствами массовой информации и информационными тех- нологиями в террористических целях, обеспечивая соответствие таких мер внутреннему законодательству, международному праву и принятым в рамках ОБСЕ обязательствам;
23. Будут предотвращать передвижение террористов или террористических групп с помо- щью эффективного пограничного контроля и контроля за выдачей документов, удостове- ряющих личность, и проездных документов;
24. Признают необходимость дополнять международное сотрудничество принятием всех необходимых мер для того, чтобы всеми законными средствами предотвращать и пресекать
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на своей территории пособничество любым террористическим актам, их финансирование и подготовку, а также для введения уголовной ответственности за умышленное предоставле- ние или сбор средств в целях террористической деятельности, в рамках своих обязательств по Международной конвенции о борьбе с финансированием терроризма и соответствую- щим резолюциям Совета Безопасности;
25. Подтверждают свою решимость выполнять свои международные обязательства, изло- женные в резолюциях 1373 (2001) и 1390 (2002) Совета Безопасности ООН, и в частности блокировать активы тех, кто указан комитетом, созданным в соответствии с резолюцией 1267 (1999) Совета Безопасности ООН;
26. С озабоченностью отмечают связи между терроризмом и транснациональной организо- ванной преступностью, отмыванием денег, торговлей людьми, незаконным оборотом нар- котиков и оружия и в этой связи подчеркивают необходимость улучшения координации действий и выработки основанных на сотрудничестве подходов на всех уровнях в целях более эффективного реагирования на эти серьезные угрозы и вызовы безопасности и ста- бильности;
27. Заявляют о своей решимости добросовестно применять все соответствующие инстру- менты, имеющиеся в рамках военно-политического измерения ОБСЕ, представленного Форумом по сотрудничеству в области безопасности, и подчеркивают важность полной реализации этих инструментов, и в частности Кодекса поведения, касающегося военно-по- литических аспектов безопасности, и Документа ОБСЕ о легком и стрелковом оружии;
28. Вновь подтверждают, что контроль над вооружениями, разоружение и нераспростра- нение остаются в межгосударственных отношениях незаменимыми элементами безопас- ности, основанной на сотрудничестве, и что они также могут играть важнейшую роль, уменьшая опасность получения террористами доступа к оружию и материалам массового уничтожения и к средствам их доставки.
Выражают решимость бороться с угрозой, создаваемой незаконным распространением обычных вооружений, включая легкое и стрелковое оружие, а также незаконным досту- пом к ним.
Будут делать все возможное для сведения этих опасностей к минимуму, предпринимая уси- лия на национальном уровне и укрепляя и совершенствуя существующие многосторонние инструменты в области контроля над вооружениями, разоружения и нераспространения, включая Принципы ОБСЕ, регулирующие нераспространение, а также для содействия их эффективному выполнению и, где это применимо, универсализации.
III. Декларация о торговле людьми
I.
Мы, члены Совета министров ОБСЕ, заявляем, что торговля людьми создает серьезную угрозу безопасности в регионе ОБСЕ и за его пределами.
Мы заявляем, что торговля людьми и другие современные формы рабства представляют собой грубое попрание достоинства и прав человеческой личности.
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Мы сознаем, что торговля людьми является серьезным и быстрорастущим видом транс- национальной организованной преступности, приносящим огромные доходы преступным сетям, которые могут быть замешаны и в таких преступных деяниях, как незаконный обо- рот наркотиков и оружия, а также контрабанда мигрантов.
Мы напоминаем и вновь заявляем о своей полной приверженности обязательствам ОБСЕ по борьбе с торговлей людьми, нашедшим отражение в Московском документе 1991 года, Хартии европейской безопасности, принятой в Стамбуле в 1999 году, Решении № 1 Совета министров, принятом в Вене в 2000 году, Решении № 426 Постоянного совета и Решении № 6 Совета министров, принятом в Бухаресте в 2001 году, и выражаем решимость укре- плять сотрудничество в противодействии торговле людьми в странах происхождения, транзита и назначения.
Мы вновь подтверждаем свою решимость бороться с торговлей людьми во всех ее формах и призываем государства, еще не сделавшие этого, рассмотреть возможность ратификации или присоединения к Конвенции Организации Объединенных Наций против транснаци- ональной организованной преступности и к дополняющему ее Протоколу о предупрежде- нии и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, а также принять во внимание определение торговли людьми, которое дается в этом прото- коле. Мы заявляем, что ратификация и полное выполнение обоих этих документов послу- жат укреплению международной и национальной правовой базы и правоприменительного потенциала для борьбы с торговлей людьми. Мы настоятельно рекомендуем государствам рассмотреть возможность одновременной с этим ратификации и полного выполнения Про- токола против незаконного ввоза мигрантов по суше, морю и воздуху, также дополняю- щего вышеупомянутую конвенцию.
Мы вновь подтверждаем поддержку нами групп БДИПЧ по борьбе с торговлей людьми и гендерным вопросам и выступаем за активизацию роли контактного пункта БДИПЧ по вопросам, касающимся рома и синти. Мы также вновь подтверждаем поддержку нами опе- раций ОБСЕ на местах и Секретариата ОБСЕ, в особенности советника ОБСЕ по гендерным вопросам. Мы одобряем их всеобъемлющий подход и оказываемое ими содействие наци- ональным усилиям по недопущению торговли людьми, преследованию виновных в ней и оказанию защиты и помощи ее жертвам.
Мы также поддерживаем ведущуюся под эгидой ОБСЕ работу Целевой группы Пакта о ста- бильности по проблеме торговли людьми. Мы с одобрением отмечаем, что она является движущей силой содействия региональному сотрудничеству и развития соответствую- щих инициатив.
II.
Мы признаем, что необходимо направлять усилия на коренные причины незаконной тор- говли и уменьшать социально-экономическое неравенство и неблагополучие, которые также подталкивают к нелегальной миграции и могут использоваться в корыстных целях орга- низованными преступными сообществами. Мы признаем также необходимость борьбы с коррупцией, облегчающей деятельность таких сообществ. Мы рекомендуем повысить роль Бюро Координатора деятельности ОБСЕ в области экономики и окружающей среды в вопросах, связанных со всеми экономическими аспектами торговли людьми.
Мы признаем, что неотъемлемой составляющей торговли людьми в странах назначения является спрос на услуги лиц, ввозимых с целью их сексуальной эксплуатации, привлечения
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к принудительному труду, обращения в рабство или применения к ним иной практики, аналогичной рабству. Мы настоятельно призываем страны назначения принимать эффек- тивные меры в отношении такого спроса, которые должны быть одним из ключевых эле- ментов их стратегии эффективного недопущения торговли людьми и борьбы с нею, а также проявлять абсолютную нетерпимость по отношению к сексуальной эксплуатации, рабству и всем формам эксплуатации принудительного труда, независимо от его характера.
Мы глубоко обеспокоены сообщениями о причастности некоторых членов миссий между- народных организаций к деятельности, связанной с торговлей людьми, особенно в посткон- фликтных странах. Мы вновь подчеркиваем важность Решения № 426 Постоянного совета от 12 июля 2001 года о борьбе с торговлей людьми и поощряем принятие и осуществление соответствующих мер, таких как Кодекс поведения для сотрудников миссий ОБСЕ. Мы не будем мириться с причастностью международных сотрудников к любой противозаконной деятельности, стимулированием ими этой преступной торговли или нарушением ими ука- занного Кодекса поведения. Мы обязуемся принимать все практически осуществимые меры для того, чтобы международные сотрудники несли ответственность за подобные действия перед властями своих стран, а в соответствующих случаях – и перед местными властями.
Мы выражаем озабоченность ростом торговли несовершеннолетними и, признавая осо- бые потребности детей, поддерживаем расширение исследований и обмена информацией относительно торговли детьми, а также, исходя из того, что во всех действиях в отношении детей первоочередное внимание уделяется наилучшему обеспечению интересов ребенка, призываем к разработке специальных мер по защите несовершеннолетних, ставших жерт- вами торговли, от дальнейшей эксплуатации, с соответствующей заботой об их психоло- гическом и физическом благополучии.
Мы будем стремиться к принятию адекватных мер для недопущения торговли людьми в наших странах, в частности в форме целевых кампаний по повышению осведомленности и просветительной работы в странах происхождения и транзита, рассчитанных в особен- ности на молодежь и другие уязвимые группы, и будем прилагать усилия по развертыва- нию соответствующих кампаний в странах назначения и по организации подготовки для соответствующих должностных лиц и государственных служащих по тематике правоохра- нительной работы, пограничного контроля, уголовного правосудия и социальных услуг, а также будем рекомендовать всестороннее сотрудничество с НПО в этой области.
Мы будем стремиться оказывать жертвам торговли людьми, особенно женщинам и детям, помощь и защиту и в этих целях будем создавать, когда это целесообразно, эффективные и общедоступные национальные механизмы передачи и рассмотрения дел, обеспечиваю- щие, чтобы жертвы торговли людьми не подвергались преследованию лишь по той при- чине, что они стали объектом торговли. Достоинство и человеческие права жертв должны уважаться при всех обстоятельствах. Мы рассмотрим вопрос о принятии соответствующих мер, таких как создание приютов, и установлении соответствующих процедур репатриации жертв торговли людьми с должным учетом их безопасности, включая выдачу документов, а также о выработке политики по вопросам обеспечения таких жертв социально-экономи- ческими льготами, их реабилитации и социальной реинтеграции.
Мы сознаем, что более интенсивное сотрудничество между соответствующими участни- ками в странах происхождения, транзита и назначения играет важнейшую роль в про- граммах возвращения жертв торговли людьми и облегчает их реинтеграцию. Поэтому мы поощряем дальнейшее развитие такого сотрудничества всеми организациями, в том числе НПО, оказывающими помощь жертвам.
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Мы рассмотрим вопрос о принятии законодательных или других мер, которые позволяли бы жертвам торговли людьми в соответствующих случаях оставаться на нашей территории на временной или постоянной основе, а также об учете соображений гуманности и сострадания.
Мы призываем государства-участники усиливать международное сотрудничество по борьбе с транснациональной организованной преступностью, включая такие преступные деяния, как незаконный оборот наркотиков и оружия, а также контрабанду мигрантов. В таком сотрудничестве должны участвовать международные правоохранительные органы, такие как Европол и Интерпол, а также Инициатива по сотрудничеству в Юго-Восточной Европе (ИСЮВЕ), в целях расследования случаев торговли людьми и преследования виновных в соответствии с внутренним законодательством и, где это применимо, международными обязательствами. В этой связи мы просим старшего полицейского советника уделять повы- шенное внимание борьбе с торговлей людьми.
Мы вновь отмечаем потребность в национальных стратегиях для объединения усилий, направленных на борьбу с торговлей людьми, и улучшения координации действий наци- ональных, международных и региональных организаций в этой области. Удовлетворить эту потребность можно было бы посредством таких мер, как назначение межминистерских органов и национальных координаторов либо, где это целесообразно, других соответству- ющих органов или механизмов.
III.
Мы соглашаемся, на основе подхода, охватывающего различные измерения, активизиро- вать сотрудничество между соответствующими структурами и институтами ОБСЕ, а также между ОБСЕ и другими соответствующими международными организациями и субъек- тами, включая Организацию Объединенных Наций и ее специализированные учреждения, Совет Европы, Европейский союз и Международную организацию по вопросам миграции, и поручаем Постоянному совету изучить вопрос о том, как лучше всего обеспечить такое сотрудничество в целях борьбы с торговлей людьми.
Мы поручаем Постоянному совету пересмотреть в рамках неофициальной рабочей группы по гендерному равенству и борьбе с торговлей людьми проект плана действий ОБСЕ от 2000 года, посвященного деятельности по борьбе с торговлей людьми, и разработать к 25 июля 2003 года новый проект, предусматривающий соответствующие дальнейшие действия.
Мы поручаем Действующему председательству и Постоянному совету использовать суще- ствующие органы и форумы ОБСЕ для обмена информацией, обзора обязательств и рас- пространения лучшей практики в области борьбы с торговлей людьми, а также поощрять регулярное участие экспертов, представляющих соответствующие национальные инсти- туты и органы, и представителей партнерских международных организаций и НПО. (…)
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V. Решения встречи Совета министров в Порту
Решение № 1:
Выполнение принятых в ОБСЕ обязательств и осуществление ее деятельности по борьбе с терроризмом
Совет министров
принимает к сведению всеобъемлющий доклад Генерального секретаря о деятельности органов и институтов ОБСЕ по борьбе с терроризмом, включая выполнение Бухарестского плана действий по борьбе с терроризмом и Бишкекской программы действий;
постановляет, что все государства-участники ОБСЕ, ее органы и институты будут продол- жать в неотложном порядке выполнять свои бухарестские обязательства и обеспечивать их действенность;
подтверждает обязательство всех государств-участников как можно скорее присоединиться ко всем 12 конвенциям и протоколам Организации Объединенных Наций, касающимся терроризма, и приветствует шаги, предпринятые государствами-участниками, уже завер- шившими соответствующие процедуры;
обязуется вести дело к успешному завершению идущих в настоящее время в Организации Объединенных Наций переговоров о новых универсальных документах в этой области и подтверждает свою готовность рассмотреть – координируя это рассмотрение с Контр- террористическим комитетом Совета Безопасности ООН – запросы о технической помощи и наращивании потенциала с целью содействия ратификации и реализации документов ООН и других соответствующих документов, касающихся терроризма;
осознавая опасность, которую представляет оружие массового уничтожения в руках тер- рористов, настоятельно призывает все государства сотрудничать в ходе ведущихся в ООН переговоров о Международной конвенции о борьбе с актами ядерного терроризма и в Меж- дународном агентстве по атомной энергии – о протоколе к Конвенции ООН о физической защите ядерных материалов;
приветствует деятельность, которую проводит Форум по сотрудничеству в области без- опасности в соответствии со своей Маршрутной картой и о которой было доложено его Председателем, и настоятельно призывает Форум по сотрудничеству в области безопас- ности продолжать заниматься вопросами борьбы с терроризмом в рамках своего мандата и компетенции;
призывает Координатора деятельности ОБСЕ в области экономики и окружающей среды, сотрудничая и координируя действия с Управлением ООН по наркотикам и преступности, продолжать осуществлять программы по поддержке усилий государств-участников, направ- ленных на повышение их способности не допускать и пресекать финансирование терроризма;
приветствует принятое в июле 2002 года решение (PC.DEC/487) о том, что все государства-у- частники заполнят вопросник Целевой группы по финансовым мероприятиям (ФАТФ) с самооценкой выполнения восьми специальных рекомендаций, касающихся финансиро- вания терроризма, и с одобрением отмечает, что на данный момент ответы поступили от 88 процентов государств-участников ОБСЕ. Обязуется предпринять шаги с целью скорейшего
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выполнения сформулированных Целевой группой по финансовым мероприятиям восьми специальных рекомендаций, касающихся финансирования терроризма;
напоминает о рекомендации личного представителя Действующего председателя по вопро- сам предупреждения терроризма и борьбы с ним о том, чтобы ОБСЕ вела работу, в частно- сти, в таких областях, как выполнение полицейских функций, обеспечение пограничной безопасности, борьба с незаконной торговлей и пресечение финансирования терроризма. Просит заинтересованных доноров рассмотреть возможность выделения ресурсов, необ- ходимых для осуществления проектов ОБСЕ по борьбе с терроризмом;
постановляет, что государства-участники ОБСЕ, ее органы и институты будут наращивать свои усилия и свою коллективную приверженность борьбе с терроризмом и с условиями, которые могут способствовать его возникновению и существованию, используя для этого свои сильные стороны и сравнительные преимущества: свой всеобъемлющий подход к без- опасности, свой экспертный потенциал в деле раннего предупреждения, предотвращения конфликтов, регулирования кризисов и постконфликтного восстановления, свой широкий ассортимент испытанных мер укрепления доверия и безопасности и свой опыт и знания в том, что касается развития потенциала.
Решение № 2:
Разработка стратегии ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке
Совет министров,
руководствуясь Бухарестской декларацией Совета министров (2001 год) и, в частности, пун- ктом 8, касающимся разработки стратегии ОБСЕ по противодействию угрозам безопасно- сти и стабильности в XXI веке,
напоминая о документах и решениях ОБСЕ, включая принятую на Стамбульской встрече на высшем уровне Хартию европейской безопасности, в которых определяются угрозы и вызовы безопасности, и подтверждая обязательство государств-участников в духе соли- дарности сотрудничать в противодействии им на основе Устава Организации Объединенных Наций, норм и принципов международного права и обязательств, принятых в рамках ОБСЕ,
учитывая необходимость дальнейшего развития концепции общей, всеобъемлющей и неде- лимой безопасности, основанной на суверенном равенстве и солидарности государств,
вновь подтверждая важную роль ОБСЕ в создании эффективных механизмов сотрудни- чества для противодействия угрозам безопасности и стабильности в евроатлантическом регионе и в расширении с этой целью диалога в рамках ОБСЕ, а также ее взаимодействия и партнерства с другими международными, региональными и субрегиональными органи- зациями и институтами на базе Платформы безопасности, основанной на сотрудничестве,
имея твердое намерение повысить эффективность связанной с безопасностью деятельности во всех трех измерениях ОБСЕ в русле развивающихся европейских и глобальных процессов,
принимая во внимание начатые по инициативе португальского Председательства дискус- сии о разработке будущей стратегии ОБСЕ и вклады государств-участников,
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постановляет: • поручить Постоянному совету продолжить в течение 2003 года усилия с целью разра- ботки всеобъемлющей стратегии ОБСЕ по противодействию угрозам безопасности и ста- бильности в XXI веке и просить Форум по сотрудничеству в области безопасности внести в эту работу свой вклад в рамках его компетенции и мандата.
В этой стратегии, в частности: • будут определены угрозы нашей общей безопасности и стабильности и проанализиро- ваны их меняющийся характер и основные причины; • будет рассмотрена роль органов и институтов ОБСЕ и ее операций на местах, а также их скоординированный подход к противодействию угрозам безопасности и стабильности; • будет указано, каким образом ОБСЕ может предупреждать угрозы безопасности и ста- бильности или противодействовать им, а также вносить свой вклад в соответствующие международные усилия. Стратегия, в частности, должна: • адаптировать или дополнять, где это необходимо, существующие инструменты и меха- низмы сотрудничества в рамках ОБСЕ; • вводить более эффективные формы сотрудничества с другими организациями и инсти- тутами в этой области; • обеспечивать лучшее реагирование со стороны ОБСЕ на потребности государств-участ- ников в наращивании потенциала противодействия угрозам безопасности и стабильно- сти при учете интересов всех государств-участников.
В этом контексте государства-участники будут использовать Ежегодную конференцию ОБСЕ по обзору проблем в области безопасности, в частности, для рассмотрения хода осу- ществления этой стратегии.
Совет министров также постановляет: • работа над стратегией будет вестись в специальной рабочей группе Постоянного совета, в тесном взаимодействии с Форумом по сотрудничеству в области безопасности и в соот- ветствии с Решением № 3 Бухарестской встречи Совета министров об укреплении роли ОБСЕ как форума для политического диалога. При необходимости ход этой работы будет рассматриваться на специальных заседаниях Постоянного совета и Форума по сотруд- ничеству в области безопасности, в том числе на совместных заседаниях.
Решение № 3:
Ежегодная конференция по обзору проблем в области безопасности
Совет министров,
подтверждая принятую ОБСЕ концепцию общей, всеобъемлющей и неделимой безопас- ности,
признавая необходимость повышать эффективность деятельности в области безопасности во всех трех измерениях ОБСЕ,
вновь подтверждая роль ОБСЕ как одной из основных организаций по мирному урегулиро- ванию споров в ее регионе и одного из ключевых инструментов раннего предупреждения,
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предотвращения конфликтов, регулирования кризисов и постконфликтного восстановле- ния, а также то, что по своему характеру она является широко представительной, всеобъем- лющей организацией для проведения консультаций, принятия решений и сотрудничества в ее регионе,
принимая во внимание Бухарестский план действий по борьбе с терроризмом и Бишкек- скую программу действий, Хартию ОБСЕ о предупреждении терроризма и борьбе с ним, а также принятую на Стамбульской встрече на высшем уровне Хартию европейской безо- пасности и ведущуюся работу над стратегией ОБСЕ по противодействию угрозам безопас- ности и стабильности в XXI веке,
особо отмечая возросшее значение международного сотрудничества и политического диа- лога между государствами-участниками и с другими международными, региональными и субрегиональными организациями в ответ на угрозы нашей общей безопасности,
памятуя об угрозе всем государствам-участникам, которую несут с собой конфликты в раз- личных частях региона ОБСЕ,
напоминая о Решении № 3 Бухарестской встречи Совета министров об укреплении роли ОБСЕ как форума для политического диалога,
признавая роль Форума по сотрудничеству в области безопасности как органа ОБСЕ, предназначенного, в том числе, для ведения переговоров о контроле над вооружениями, разоружении и укреплении доверия и безопасности, а также для оценки выполнения согла- сованных мер,
учитывая роль ежегодного Экономического форума, его подготовительных семинаров и семинаров по его итогам в проведении обзора деятельности ОБСЕ, касающейся эконо- мического и экологического измерения безопасности, принимая во внимание роль сове- щаний по рассмотрению выполнения, посвященных вопросам человеческого измерения, конференций по обзору, дополнительных совещаний по человеческому измерению и еже- годного семинара по человеческому измерению в рассмотрении выполнения обязательств в области человеческого измерения безопасности,
подчеркивая необходимость достижения правильного баланса между тремя измерени- ями ОБСЕ,
имея твердое намерение дополнить деятельность других органов и институтов ОБСЕ, вклю- чая Ежегодное совещание по оценке выполнения, не дублируя и не подменяя ее,
постановляет учредить Ежегодную конференцию по обзору проблем в области безопасно- сти, цель и условия проведения которой изложены ниже.
I. Цель
Обеспечить механизм для расширения диалога по проблемам в области безопасности и для обзора работы в области безопасности, проводимой ОБСЕ и ее государствами-участни- ками, в частности по: • осуществлению стратегии ОБСЕ по противодействию угрозам безопасности и стабиль- ности в XXI веке;
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• выполнению принятых в рамках ОБСЕ обязательств по борьбе с терроризмом; • военно-политическим аспектам безопасности; • выполнению решений ОБСЕ и осуществлению ее деятельности в области раннего пред- упреждения, предотвращения конфликтов, регулирования кризисов и постконфликт- ного восстановления; • связанной с безопасностью деятельности в рамках институтов ОБСЕ и ее операций на местах; • деятельности ОБСЕ, связанной с полицейскими функциями; • другим вопросам, относящимся к безопасности, которыми занимается ОБСЕ, включая региональные вопросы.
Конференция может также предоставлять возможность для обмена мнениями по вопро- сам, относящимся к контролю над вооружениями и мерам укрепления доверия и безопас- ности, включая договоры об ОВСЕ и по открытому небу.
Кроме того, Конференция должна также способствовать обмену информацией и сотрудни- честву с соответствующими международными и региональными организациями и инсти- тутами.
II. Условия проведения
Конференция по обзору проблем в области безопасности будет созываться ежегодно в Вене, если не будет принято иного решения. Она будет продолжаться 2–3 дня и будет прово- диться до летнего перерыва. Будет приветствоваться усилие делегаций государств-участ- ников должностными лицами высокого уровня из столиц.
Председательствовать на Конференции будет представитель Действующего председатель- ства, при необходимости – с участием Форума по сотрудничеству в области безопасности.
Сроки, повестка дня и конкретные условия проведения каждой встречи Конференции будут ежегодно определяться Постоянным советом с учетом рекомендации Форума по сотруд- ничеству в области безопасности.
Конференция может формулировать рекомендации, которые будут передаваться на даль- нейшее рассмотрение Постоянному совету, а также, в соответствующих случаях, Форуму по сотрудничеству в области безопасности.
Форум по сотрудничеству в области безопасности будет вносить свой вклад в проведение Конференции в соответствии со своими процедурами, мандатом и компетенцией.
Соответствующие должностные лица органов и институтов ОБСЕ будут приглашаться Постоянным советом для доклада на Конференции о своей деятельности, связанной с вопро- сами безопасности, а также о направлениях дальнейшей работы.
По усмотрению Постоянного совета к участию будут приглашаться соответствующие меж- дународные и региональные организации и институты.
В отношении Ежегодной конференции по обзору проблем в области безопасности будут применяться установленные в ОБСЕ правила процедуры.
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(…)
Решение № 6:
Толерантность и недискриминация
Совет министров,
напоминая о принципах прав человека и неотъемлемого достоинства человеческой лично- сти, свободы мысли, совести, религии и убеждений, которые лежат в основе общих положе- ний ОБСЕ, закрепляющих обязательства в области человеческого измерения,
ссылаясь на Хартию европейской безопасности (Стамбульская встреча на высшем уровне 1999 года), в которой вновь подтверждается полная приверженность Уставу Организации Объединенных Наций, а также хельсинкскому Заключительному акту, Парижской хартии и всем другим документам ОБСЕ,
ссылаясь на Решение № 5, принятое Советом министров на его девятой встрече в Бухаресте, в котором вновь подтверждается его озабоченность проявлениями агрессивного национа- лизма, расизма, шовинизма, ксенофобии, антисемитизма и воинствующего экстремизма, где бы они ни имели место,
вновь заявляя, что демократия и защита прав человека и основных свобод являются важ- нейшими гарантиями толерантности и недискриминации и важными факторами стабиль- ности, безопасности, сотрудничества и мирного развития в масштабах всего региона ОБСЕ и что в свою очередь толерантность и недискриминация являются важными элементами утверждения прав человека,
вновь подтверждая международно-признанный запрет на дискриминацию без какого бы то ни было негативного различия, как то в отношении расы, цвета кожи, пола, языка, религии или убеждений, политических или иных взглядов, национального или социального проис- хождения, имущественного, сословного или иного положения,
напоминая о постоянной работе, ведущейся структурами и институтами ОБСЕ в области поощрения прав человека, толерантности, недискриминации и многообразия культур, в частности, в рамках совещаний и мероприятий, проектов и программ в области челове- ческого измерения, в том числе проводимых государствами-участниками,
подчеркивая позитивную роль поликультурного и межконфессионального диалога в углу- блении взаимопонимания между странами и народами,
отмечая, что утверждение толерантности и недискриминации может способствовать также ликвидации основы для разжигания ненависти, для агрессивного национализма, расизма, шовинизма, ксенофобии, антисемитизма и воинствующего экстремизма,
признавая, что государства-участники ответственны за утверждение толерантности и недискриминации,
1.a) самым решительным образом осуждает все проявления агрессивного национализма, расизма, шовинизма, ксенофобии, антисемитизма и воинствующего экстремизма, а также пропаганду ненависти и случаи дискриминации на почве религии или убеждений;
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b) обязуется и далее развивать поликультурный, межэтнический и межконфессиональ- ный диалог, в котором будет приветствоваться активное участие правительств и граждан- ского общества; c) также обязуется и далее поощрять права лиц, принадлежащих к национальным мень- шинствам;
2. Постановляет активизировать усилия, направленные на поддержание и укрепление толерантности и недискриминации, при содействии институтов ОБСЕ и в сотрудничестве с соответствующими международными организациями и гражданским обществом, напри- мер, путем обмена информацией и лучшей практикой;
3. Призывает государства-участники, еще не ратифицировавшие международные доку- менты, посвященные проблеме дискриминации, рассмотреть вопрос об их ратификации и призывает к полному выполнению зафиксированных в них обязательств;
4. Обязуется принять, соблюдая требования соответствующих конституционных систем, надлежащие меры на национальном, региональном и местном уровне по утверждению толе- рантности и недискриминации, а также по борьбе с предрассудками и искажением фактов, особенно в сфере образования, культуры и информации;
5. Осуждает, в частности, дискриминацию по религиозному признаку и обязуется пред- принимать усилия по недопущению и защите от посягательств, направленных против любой религиозной группы, – будь то против отдельных лиц, религиозных святынь или предметов культа;
6. Осуждает, в частности, участившиеся в последнее время антисемитские выходки в реги- оне ОБСЕ, признавая, что на всем протяжении истории явление антисемитизма было источ- ником серьезной угрозы свободе;
7. Также осуждает участившиеся в последнее время акты дискриминации и насилия в отно- шении мусульман в регионе ОБСЕ и категорически не приемлет отождествление терроризма и экстремизма с какой-либо конкретной религией или культурой;
8. Постановляет твердо и во всеуслышание выступать против разжигания ненависти и дру- гих проявлений агрессивного национализма, расизма, шовинизма, ксенофобии, антисеми- тизма и воинствующего экстремизма, а также против случаев дискриминации по признаку религии или убеждений;
9. Призывает соответствующие органы государств-участников оперативно и беспристрастно расследовать акты насилия, особенно в случаях, когда имеются разумные основания подо- зревать, что они были мотивированы агрессивным национализмом, расизмом, шовинизмом, ксенофобией, антисемитизмом и воинствующим экстремизмом, а также мотивированные ненавистью выпады против той или иной религии либо тех или иных убеждений и подвер- гать виновных судебному преследованию в соответствии с внутренним законодательством и с соблюдением соответствующих международных стандартов в области прав человека;
10. Поручает Постоянному совету рассмотреть вопрос о дальнейшем укреплении пункта для контактов по вопросам, касающимся рома и синти, в составе Бюро по демократиче- ским институтам и правам человека (БДИПЧ);
207 11. Настоятельно призывает организовать отдельные тематические мероприятия в обла- сти человеческого измерения по вопросам, рассматриваемым в настоящем Решении, в том числе по проблемам антисемитизма, дискриминации, расизма и ксенофобии;
12. Поручает Действующему председателю и Постоянному совету обеспечить в тесном взаи- модействии с БДИПЧ, Верховным комиссаром по делам национальных меньшинств и Пред- ставителем по вопросам свободы средств массовой информации эффективную работу по выполнению настоящего Решения, шире применяя уже имеющийся у ОБСЕ инструмента- рий, включая ежегодные совещания и семинары по человеческому измерению.
Решение № 7:
Обязательства, касающиеся выборов
Совет министров,
ссылаясь на положения Документа Копенгагенского совещания Конференции по челове- ческому измерению СБСЕ (1990 год),
отмечая, что эти положения были дополнены новыми обязательствами, зафиксированными в Декларации Лиссабонской встречи на высшем уровне 1996 года, Декларации Стамбульской встречи на высшем уровне 1999 года и Бухарестской декларации Совета министров 2001 года,
вновь подтверждая решимость выполнять эти обязательства,
отмечая, что демократические выборы могут проводиться в условиях разнообразных изби- рательных систем,
признавая экспертный потенциал БДИПЧ по содействию государствам-участникам в выпол- нении обязательств, связанных с выборами, принимая во внимание Решение ПС № 509 «Международные нормы и обязательства: практическое руководство по лучшей практике проведения демократических выборов»,
призывает государства-участники более действенно реагировать на рекомендации БДИПЧ по итогам наблюдения за выборами;
поручает Постоянному совету рассмотреть вопрос о необходимости выработки дополни- тельных обязательств, касающихся выборов, в духе более тесного сотрудничества с другими международными организациями, а также между государствами-участниками, и предста- вить соответствующий доклад следующей встрече Совета министров.
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Документ одиннадцатой встречи Совета министров Маастрихт, 2003 г.
I. Стратегия ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке
1. Развитие обстановки в области безопасности в начале XXI века несет с собой новые вызовы для всех, включая ОБСЕ. ОБСЕ будет отвечать на эти вызовы, опираясь на свои важные пре- имущества, такие, как широкий состав ее участников – от Северной Америки до Европы и частично Азии – и ее многомерная концепция общей, всеобъемлющей и неделимой без- опасности, основанной на сотрудничестве. Организация по-прежнему привержена делу свободы, демократии и большей интеграции в регионе ОБСЕ без разделительных линий.
2. Уважение и соблюдение международного права и принципов Устава Организации Объ- единенных Наций по прежнему занимают центральное место в усилиях по предотвраще- нию и отражению угроз безопасности и стабильности. Совет Безопасности Организации Объединенных Наций несет первоочередную ответственность за поддержание междуна- родного мира и безопасности и продолжает играть решающую роль в укреплении безопас- ности и стабильности в регионе ОБСЕ. Соблюдение принятых в ОБСЕ норм, принципов и обязательств, начиная с хельсинкского Заключительного акта, является неотъемлемой частью этой схемы. Настоящая Стратегия призвана способствовать формированию более слаженной и эффективной международной системы для реагирования на глобальные угрозы и вызовы.
Угрозы безопасности и стабильности в XXI веке
3. В конце XX века ОБСЕ немало сделала для того, чтобы проложить путь к безопасности и стабильности повсюду в регионе ОБСЕ, и внесла свой вклад в важные демократические преобразования в этом регионе. На смену былой конфронтации сейчас пришло сотруд- ничество. Угрозы безопасности и стабильности в регионе ОБСЕ более вероятны сегодня в форме негативных, дестабилизирующих последствий событий, затрагивающих разом военно-политическое, экономическое и экологическое, а также человеческое измерение, чем в форме какого-либо крупного вооруженного конфликта. В то же время в регионе ОБСЕ сохраняются неурегулированные конфликты, по-прежнему вызывающие глубокую озабоченность. Поиск их урегулирования путем переговоров должен и впредь рассматри- ваться как неотложная задача.
4. Уважение прав человека и основных свобод, демократии и верховенства закона занимает центральное место в принятой ОБСЕ концепции всеобъемлющей безопасности. Прочные демократические институты и верховенство закона играют важную роль в предотвраще- нии возникновения угроз. Если государственное управление поставлено слабо, а государ- ство не обеспечивает надлежащих, работоспособных демократических институтов, которые
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укрепляли бы стабильность, то это само по себе может создавать питательную среду для возникновения ряда угроз. Точно так же появлению целого ряда потенциальных угроз могут способствовать систематические нарушения прав человека и основных свобод, включая права лиц, принадлежащих к национальным меньшинствам.
5. На безопасность и стабильность способны воздействовать также социально-экономиче- ские и экологические факторы. Глобализация, либерализация и перемены в научно-техни- ческой области открывают новые возможности для торговли, роста и развития, однако не все государства-участники в равной степени выигрывают от этого, что в некоторых слу- чаях способствует углублению экономического неравенства между государствами, а также внутри них. Результаты глобализации зависят от политических решений, принимаемых правительствами и международными учреждениями, а также от реакции частного сектора и гражданского общества. Растущую тревогу вызывает и деградация окружающей среды. Наряду с этим к числу потенциальных вызовов безопасности относятся демографические факторы и ухудшение состояния здоровья значительной части населения.
6. Серьезные негативные последствия может иметь недостаток открытости и транспарент- ности в военно-политических вопросах. Отсутствие полного и своевременного соблюде- ния существующих соглашений и международно-правовых документов по контролю над вооружениями, разоружению, нераспространению и укреплению доверия и безопасности может также существенно отражаться на общей безопасности.
7. Еще одним источником угрозы могут быть действия террористов и других преступных группировок. Террористические акты, имевшие место за последние годы, со всей очевидно- стью указывают на всю большую серьезность таких угроз и первостепенное значение, кото- рое должно придаваться их предотвращению и отражению. При этом угрозы часто исходят не из какого-то одного государства, но имеют транснациональный характер. Они затраги- вают безопасность всех государств в регионе ОБСЕ и общественную стабильность в наших странах. Одновременно регион ОБСЕ все более подвержен угрозам, берущим начало за его пределами, а события внутри нашего собственного региона могут аналогичным образом иметь последствия для прилегающих районов.
8. В этих условиях очевидно, что всеобъемлющий подход ОБСЕ к безопасности, охватыва- ющей военно-политическое, экономическое и экологическое, а также человеческое измере- ния, ни в коей мере не утратил своей актуальности и нуждается в сохранении и дальнейшем укреплении. Анализ сложившейся картины позволил нам выявить в этой связи ряд про- блем, на которых должно быть сосредоточено особое внимание в ходе наших усилий по более действенному реагированию на них.
9. Наиболее обширной категорией угроз для государств-участников и непосредственно для людей остаются угрозы, порождаемые межгосударственными и внутригосударственными конфликтами. Такие конфликты, где бы они ни имели место, могут также создавать риск для соседних районов, вести к нестабильности и возникновению других видов угроз, таких, как терроризм, распространение оружия массового поражения, излишнее и дестабилизи- рующее накопление и неконтролируемое распространение легкого и стрелкового оружия (ЛСО), нарушения прав человека, массовое изгнание населения, ухудшение социально-э- кономических условий и нелегальная миграция. За непосредственными причинами веду- щих к насилию конфликтов стоят несоблюдение положений международного права, норм и принципов ОБСЕ, а также ряд факторов, относящихся к военно-политическому, эконо- мическому и экологическому, а также человеческому измерениям.
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10. Одной из основных причин нынешней нестабильной обстановки в сфере безопасности является терроризм. Он направлен на подрыв тех самых ценностей, которые объединяют государства-участники в регионе ОБСЕ. Терроризм будет оставаться в числе главных вызо- вов миру, стабильности и государственной власти, особенно в силу его способности прибе- гать к асимметричным методам для обхода традиционных систем безопасности и обороны. Терроризму не может быть никаких оправданий. Вместе с тем терроризм требует глобаль- ного подхода, учитывающего не только его проявления, но и социально-экономический и политический контекст, в котором он возникает.
11. Глобализация и научно-технические достижения расширяют рамки и увеличивают мас- штаб угрозы, исходящей от организованной преступности. Более того, организованная пре- ступность нередко идет рука об руку с терроризмом, как в смысле действующих лиц, так и в смысле применяемых методов. Контрабандный провоз мигрантов и торговля людьми, незаконный оборот наркотиков, легкого и стрелкового оружия, а также чувствительных материалов и технологий – все это преступная деятельность, также способная создавать угрозу стабильности и безопасности как в регионе ОБСЕ, так и за его пределами. Откры- тые границы и свободное передвижение людей и товаров полезны для международного сотрудничества, но и они порождают растущие вызовы, включая нелегальную миграцию.
12. Практика, связанная с дискриминацией и нетерпимостью, не только угрожает безопас- ности отдельных лиц, но и способна служить причиной более широкомасштабных кон- фликтов и насилия. Она может корениться в таких явлениях, как этническая и религиозная напряженность, агрессивный национализм, шовинизм и ксенофобия, а также возникать на почве расизма, антисемитизма, агрессивного экстремизма и отсутствия уважения к пра- вам лиц, принадлежащих к национальным меньшинствам.
13. Мобильность мигрантов как группы населения и возникновение во всех частях региона ОБСЕ обществ, характеризующихся сосуществованием многих культур, создают не только все более широкие возможности, но и растущие вызовы. Отсутствие интеграции в обще- стве, а также отсутствие у каждого проживающего в нем уважения к правам всех других могут вести к подрыву стабильности.
14. К числу экономических факторов, угрожающих стабильности и безопасности, относятся углубление социально-экономического неравенства, отсутствие верховенства закона, сла- бость государственного и корпоративного управления, коррупция, массовая нищета и высо- кий уровень безработицы. Они могут создавать питательную среду для других серьезных угроз. Деградация окружающей среды, неустойчивое потребление природных ресурсов, безответственное обращение с отходами и загрязнение воздействуют на экосистемы и вле- кут за собой существенные негативные последствия для здоровья населения, благососто- яния, стабильности и безопасности государств. К таким последствиям могут приводить и экологические бедствия. Связанные с этими факторами проблемы управления причи- няют прямой ущерб и одновременно сокращают потенциал устойчивого экономического и социального развития, а также эффективного противодействия экономическим и эколо- гическим вызовам и угрозам безопасности и стабильности.
15. Многие из угроз военно-политического характера, включая те, о которых говорится в существующих документах ОБСЕ, – например, дестабилизирующее накопление обычного оружия, незаконная передача вооружений и распространение оружия массового уничто- жения, – по-прежнему вызывают глубокую озабоченность государств-участников ОБСЕ. Среди угроз, изменившихся по-своему характеру или последствиям либо возникших впер- вые, особого внимания требуют угрозы вооруженных действий со стороны террористов
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и других преступных группировок. Равным образом, внимание должно уделяться потен- циальным вызовам, связанным с изменением характера вооруженных конфликтов.
16. В меняющихся условиях безопасности угрозы претерпевают эволюцию и не всегда будут предсказуемыми. Имеющийся в ОБСЕ механизм для постоянного политического диалога, и в частности Ежегодная конференция по обзору проблем в области безопасности (ЕКОБ), будет помогать выявлять, анализировать новые угрозы и реагировать на них по мере их возникновения.
Реакция ОБСЕ
17. Реакция ОБСЕ будет многомерной и будет иметь место не в вакууме. Организация будет опираться на отличающие ее от других сильные стороны, знания, опыт и потенциал и будет обеспечивать эффективные рамки для сотрудничества с другими международными участ- никами в целях скоординированного и взаимодополняющего подхода к угрозам, позво- ляющего избегать дублирования и сохранять целенаправленность. Хартия европейской безопасности и содержащаяся в ней Платформа безопасности, основанной на сотрудниче- стве, были приняты в Стамбуле в 1999 году с тем, чтобы укрепить безопасность и стабиль- ность в регионе и усилить оперативный потенциал в условиях трансформации ОБСЕ для ответа на беспрецедентные вызовы. Она полностью остается в силе.
18. Основная ответственность за обеспечение безопасности своих граждан лежит на самих государствах-участниках. Государства-участники подотчетны своим гражданам и несут друг перед другом ответственность за выполнение своих обязательств в рамках ОБСЕ. ОБСЕ готова в этих целях предлагать свою помощь и консультации, а также развивать сотрудни- чество между государствами-участниками. Сотрудничество между государствами-участ- никами в духе солидарности, партнерства и транспарентности имеет основополагающее значение для безопасности в регионе ОБСЕ и должно отражать взаимную заинтересован- ность и взаимное уважение. Каждое государство-участник имеет равное право на безо- пасность.
19. ОБСЕ является форумом для диалога по политическим вопросам и вопросам безо- пасности, для установления опирающихся на консенсус политически обязательных норм и принципов и для содействия их выполнению. Центральную роль в этом играют Постоян- ный совет и Форум по сотрудничеству в области безопасности в рамках его компетенции и мандата. Эти функции будут и далее укрепляться, а процесс политических консультаций и обеспечения транспарентности в рамках Организации будет активизироваться. Диалог и лежащие в его основе нормы и стандарты направлены на предотвращение возникнове- ния угроз. Они также поощряют развитие демократических институтов и обществ, откры- тых для участия каждого, которые способны более эффективно и совместными усилиями справляться с возникающими угрозами.
20. ОБСЕ будет продолжать играть активную роль в своем регионе, в полной мере исполь- зуя свои институты – Бюро по демократическим институтам и правам человека (БДИПЧ), Верховного комиссара по делам национальных меньшинств (ВКНМ) и Представителя по вопросам свободы средств массовой информации (ПССМИ), – свои операции на местах и свой Секретариат. Они являются важными инструментами содействия всем государ- ствам-участникам в выполнении их обязательств, включая уважение прав человека, демо- кратии и верховенства закона. В ходе всей соответствующей деятельности будут активно использоваться возможности укрепления сотрудничества с Парламентской ассамблеей и через нее – с национальными парламентами.
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21. Признавая значительный вклад институтов и операций на местах в практическое осу- ществление целей и принципов Организации, ОБСЕ рассматривает пути дальнейшего совершенствования деятельности и повышения эффективности операций на местах, раз- рабатывая при необходимости новые инструменты.
22. Общая способность ОБСЕ выявлять угрозы, анализировать их и предпринимать в ответ на них скоординированные действия нуждается в дальнейшем укреплении. Больше внима- ния следует уделять функциям раннего предупреждения по линии Секретариата, институ- тов и операций на местах, а работу по сигналам раннего предупреждения следует усилить. В распоряжении ОБСЕ по-прежнему имеются специальные механизмы раннего предупреж- дения и мирного урегулирования конфликтов, а также такой инструмент, как группы опе- ративной экспертной поддержки и сотрудничества (РЕАКТ). Важный вклад в эти усилия вносит деятельность по раннему предупреждению и предотвращению конфликтов, осу- ществляемая Парламентской ассамблеей ОБСЕ.
23. В связи с растущим значением угроз, берущих начало или формирующихся в приле- гающих регионах, ОБСЕ будет активизировать сотрудничество со своими средиземно- морскими и азиатскими партнерами по сотрудничеству, своевременно выявляя области взаимных интересов и озабоченностей и возможности для дальнейших скоординирован- ных действий. Мы будем поощрять их к добровольному применению принципов и обяза- тельств, принятых в ОБСЕ, и будем по мере целесообразности сотрудничать с ними в этом деле. В качестве первого шага к расширению диалога мы пригласим всех наших партнеров по сотрудничеству чаще принимать в качестве наблюдателей участие в заседаниях Посто- янного совета и Форума по сотрудничеству в области безопасности. ОБСЕ также рассмо- трит способы, с помощью которых другие регионы, и в частности соседние районы, можно было бы знакомить с нормами, принципами, обязательствами и ценностями ОБСЕ. Кон- такты с организациями в этих районах получат дальнейшее развитие. (…)
27. Предотвращение конфликтов и постконфликтное восстановление предполагают суще- ственные усилия Организации в тесном сотрудничестве с государствами-участниками в целях оказания поддержки и содействия в построении демократических институтов и обеспечении верховенства закона, в частности посредством поддержки усилий по нара- щиванию потенциала и помощи в укреплении органов власти всех уровней и парламент- ских структур, независимых судебных органов, свободных гражданских обществ и средств массовой информации.
Противодействие терроризму и угрозам, исходящим от другой преступной деятельности
Терроризм
28. Конвенции и протоколы ООН, а также резолюции Совета Безопасности ООН состав- ляют глобальную правовую основу для борьбы с терроризмом. В целях ее поддержки ОБСЕ своими решениями, принятыми в 2001 и 2002 годах, создала структуру для принятия госу- дарствами-участниками и Организацией всесторонних мер противодействия прежде всего угрозе терроризма, его проявлениям и условиям, которые могут способствовать его возник- новению и существованию. Оперативной составляющей этой структуры является Анти- террористическая группа в Секретариате ОБСЕ.
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29. Контртеррористическая деятельность ОБСЕ осуществляется, в частности, по таким направлениям, как безопасность границ и пограничный режим, полицейские функции, борьба с незаконным оборотом и пресечение финансирования терроризма. Особое внимание будет уделяться наращиванию потенциала и оказанию иной помощи в области борьбы с тер- роризмом. При этом внимание уделяется и такой важной проблеме, как принятие эффек- тивных мер против терроризма в полном соответствии с принципами верховенства закона и международным правом, в том числе касающимся прав человека. Эти меры включают отказ в предоставлении убежищ террористам и ликвидацию условий, при которых терро- ристы могут вербовать сторонников и рассчитывать на поддержку. Они также направлены на то, чтобы не позволить террористам увеличить свой потенциал и, в частности, получить доступ к ЛСО и другому обычному оружию, а также к ОМУ и связанным с ним техноло- гиям. Ставится задача тесного взаимодействия с другими соответствующими междуна- родными организациями и органами, в частности с Контртеррористическим комитетом Совета Безопасности ООН (КТК ООН) и Управлением ООН по наркотикам и преступно- сти (ЮНОДК), в форме совместных совещаний, контактов на всех уровнях, конкретных программ и проектов.
30. ОБСЕ также постановила создать контртеррористическую сеть в целях содействия более четкой координации контртеррористических мер и обмену информацией между государ- ствами-участниками ОБСЕ, а также в порядке поддержки и дополнения работы КТК ООН по осуществлению резолюции 1373 Совета Безопасности.
Угрозы, исходящие от другой преступной деятельности
31. ОБСЕ усилит свою работу по борьбе с организованной преступностью. Важным вкла- дом в нее были бы регулярные встречи полицейских экспертов из государств-участников ОБСЕ и представителей других соответствующих специализированных международных и региональных организаций. В частности, ОБСЕ будет уделять еще большее внимание растущей угрозе незаконного оборота. Принят План действий ОБСЕ по борьбе с торговлей людьми. Документ ОБСЕ о ЛСО остается ключевым инструментом борьбы с незаконной торговлей ЛСО и его распространением во всех ее аспектах. Деятельность по осуществле- нию этого документа будет дополнительно усилена. ОБСЕ будет продолжать уже предпри- нимаемые в сотрудничестве с ЮНОДК усилия по решению проблемы незаконного оборота наркотиков. Необходимо разработать эффективный и всеобъемлющий международный подход к этой проблеме.
32. Группа по стратегическим вопросам полицейской деятельности была учреждена для повышения способности государств-участников противодействовать угрозам, связанным с преступной деятельностью, и для содействия им в поддержании верховенства закона. Ее цель состоит в совершенствовании ключевых полицейских навыков, включая уважение прав человека и основных свобод. ОБСЕ будет по просьбе государств-участников уделять дополнительное внимание помощи властям, в том числе на местном уровне, в борьбе с пре- ступностью и преступными сообществами и будет определять и развивать ключевые направ- ления полицейской деятельности, такие, как подготовка кадров и наращивание потенциала.
33. ОБСЕ активизирует свои усилия по решению таких проблем, как контрабандный про- воз мигрантов и нелегальная миграция.
34. Для эффективного предупреждения коррупции и борьбы с ней во всех ее формах необходим всеобъемлющий, междисциплинарный подход. ОБСЕ в тесной координации с ЮНОДК и другими соответствующими международными организациями и финансовыми
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учреждениями будет вносить вклад в сокращение масштабов коррупции повсюду в реги- оне ОБСЕ.
35. Угрозы терроризма и организованной преступности часто взаимосвязаны, и будет продолжено изучение синергетических подходов к противодействию им. Трансграничное передвижение людей, ресурсов и оружия, а также незаконный оборот как источник финан- сирования и материально-технической поддержки играют возрастающую роль в террори- стической деятельности. ОБСЕ твердо намерена решать эти проблемы и укреплять свой потенциал содействия открытости и безопасности границ, в том числе путем разработки концепции ОБСЕ по вопросам безопасности границ и пограничного режима, в интересах более эффективного наращивания потенциала и взаимовыгодного межгосударственного сотрудничества.
Противодействие угрозам, связанным с дискриминацией и нетерпимостью
36. Дискриминация и нетерпимость относятся к числу факторов, которые способны прово- цировать конфликты, подрывающие безопасность и стабильность. Основываясь на своих обязательствах в области человеческого измерения, ОБСЕ стремится поощрять повсюду в своем регионе создание условий, позволяющих всем в полной мере пользоваться своими правами человека и основными свободами под защитой эффективных демократических институтов, надлежащих судебных процедур и верховенства закона. Это включает обеспече- ние безопасной обстановки и соответствующих институтов для мирной дискуссии и выра- жения своих интересов всеми лицами и общественными группами. Важную роль в этом отношении призвано играть гражданское общество, и ОБСЕ будет продолжать поддержи- вать организации гражданского общества и содействовать их укреплению.
37. Государства-участники, органы и институты ОБСЕ, Секретариат и многие операции ОБСЕ на местах занимаются деятельностью, которая направлена против угроз, связанных с дискриминацией и нетерпимостью и, в частности, рождаемых религиозной и этнической напряженностью в сочетании с агрессивным экстремизмом. Они также выполняют важную функцию раннего предупреждения. Ежегодное совещание по рассмотрению выполнения, посвященное человеческому измерению, и другие мероприятия в области человеческого измерения предоставляют возможности для обсуждения угроз, связанных с дискримина- цией и нетерпимостью, и формулирования рекомендаций относительно возможных дей- ствий по защите от этих угроз. Полностью уважая свободу выражения мнений, ОБСЕ будет стремиться бороться с преступлениями на почве ненависти, разжигать которую может про- паганда расизма, ксенофобии и антисемитизма в Интернете.
38. Государства-участники, органы и институты ОБСЕ твердо намерены наращивать свои усилия по противодействию угрозам, порождаемым дискриминацией и нетерпимостью. Гармоничные отношения между этническими, религиозными, языковыми и иными груп- пами, а также права лиц, принадлежащих к национальным меньшинствам, будут активно поощряться, как и равенство возможностей для женщин и мужчин. Насилию, нетерпимо- сти, экстремизму и дискриминации по отношению к этим группам, включая рабочих-ми- грантов, лиц, ищущих убежища, и других иммигрантов, необходимо давать отпор, а лиц, виновных в таких действиях, привлекать к ответственности. В то же время важнейшее зна- чение имеет уважение принадлежащими к таким группам лицами верховенства закона, демократических ценностей и свобод личности.
39. В связи с этим ОБСЕ признает особые трудности, с которыми сталкиваются рома и синти, и необходимость принятия эффективных мер для искоренения дискриминации
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по отношению к ним и обеспечения равных возможностей в соответствии с обязатель- ствами, принятыми в ОБСЕ. Поэтому ОБСЕ приняла План действий по улучшению поло- жений рома и синти в регионе ОБСЕ.
40. Усилия ОБСЕ будут, в частности, ориентированы на молодежь, с тем, чтобы воспиты- вать у нее понимание необходимости проявлять толерантность, а также важности прими- рения и мирного существования. Мировоззрение молодежи и ее представления о будущем имеют ключевое значение. В соответствующих случаях ОБСЕ будет поэтому принимать на себя более весомую роль в области образования. Особого внимания заслуживает такое направление, как пропаганда прав человека.
41. Будет полностью задействован потенциал БДИПЧ в области наблюдения, а оперативное взаимодействие с другими органами по наблюдению в таких областях, как сбор данных, обмен информацией и совместный анализ, будет развиваться в целях составления макси- мально полной картины происходящего. Это позволит ОБСЕ эффективно сосредоточивать работу на самых приоритетных направлениях. (…)
Сотрудничество с другими международными организациями и институтами
52. Ни одно государство или организация не может в одиночку противостоять вызовам, с которыми мы сталкиваемся сегодня. Это делает насущно необходимой координацию уси- лий всех соответствующих организаций. Взаимодействие ОБСЕ с другими организациями и институтами базируется на Платформе безопасности, основанной на сотрудничестве. В рамках этой Платформы государства-участники обязались стремиться поддерживать согласованность действий на политическом и оперативном уровне между всеми струк- турами, занимающимися вопросами безопасности, как при реагировании на конкрет- ные угрозы, так и при выработке мер в ответ на новые угрозы и вызовы. В условиях, когда обстановка в сфере безопасности претерпевает эволюцию, необходимы дальнейшие уси- лия для достижения этой основополагающей цели с опорой на сильные стороны и преи- мущества каждой организации.
53. Наше сотрудничество с другими организациями и институтами на данном этапе вклю- чает политический диалог, координацию и упорядоченное сотрудничество по тематиче- ским и региональным вопросам в различных частях региона ОБСЕ на базе наших общих ценностей и целей. Важно активизировать взаимодействие как на политическом, так и на рабочем уровне. Следует наращивать сотрудничество и координацию действий по практи- ческим вопросам и проектам как на уровне штаб-квартир, так и на местах. Следует поощ- рять контакты между посланниками и специальными представителями, разработку единых стратегий и совместную работу по установлению фактов.
54. ОБСЕ стремится расширить отношения со всеми организациями и институтами, зани- мающимися укреплением всеобъемлющей безопасности в регионе ОБСЕ; с некоторыми из них, в частности с ООН, ЕС, НАТО и Советом Европы, ею налажены регулярные консуль- тации как на техническом, так и на политическом уровне. ОБСЕ должна оставаться гиб- кой, чтобы сохранять способность к сотрудничеству с различными организациями по мере изменения их потенциала и целей, которое возможно с течением времени, и в связи с эво- люцией их представлений об угрозе, а также их организационных возможностей.
55. Будучи региональным соглашением по смыслу главы VIII Устава Организации Объ- единенных Наций, ОБСЕ является форумом для сотрудничества с субрегиональными
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организациями в своем регионе. Она будет и впредь выступать в качестве организатора совещаний по обмену информацией и координации действий с этими организациями и институтами по конкретным темам. Следует также продолжать осуществлять практи- ческие меры, направленные на ознакомление других региональных организаций с соот- ветствующим опытом ОБСЕ. Организация будет готова рассмотреть вопрос о поддержке инициатив и планов по совершенствованию сотрудничества в противодействии угрозам, разработанных в рамках других форумов, – так же, как она поддерживает выполнение кон- венций ООН, касающихся борьбы с терроризмом.
56. У ОБСЕ налажено активное, предметное взаимодействие с неправительственными орга- низациями, которые продолжают вносить существенный вклад в общие усилия Организа- ции. Это взаимодействие надлежит поставить на еще более прочную основу.
57. Следует развивать такое сотрудничество по вопросам, относящимся ко всему спектру охватываемых Стратегией угроз. Необходимо предпринять дополнительные усилия по улучшению функционирования Платформы безопасности, основанной на сотрудничестве, с тем, чтобы более эффективно и действенно противостоять общим угрозам. С этой целью будет предложено, на основе консультаций с другими международными организациями и институтами, создать новый специальный консультативный механизм в рамках общих усилий по совместному анализу угроз и противодействию им. ОБСЕ предлагает, чтобы этот механизм служил гибкими рамками для консультаций, для чего по мере возникновения или нарастания той или иной угрозы будут устанавливаться контакты с соответствующими организациями и институтами. К другим способам дальнейшей активизации сотрудни- чества относятся более регулярное проведение совещаний с целью обмена информацией с заинтересованными организациями и институтами и создание контактных пунктов.
Заключение
58. В настоящей Стратегии мы обозначили ряд угроз нашей общей безопасности и ста- бильности. Мы задали стратегические направления нашей деятельности по предотвраще- нию и отражению этих угроз. Постоянному совету и Форуму по сотрудничеству в области безопасности в сотрудничестве с институтами, структурами на местах и Секретариатом поручается, в рамках своей компетенции и мандатов, вносить свой вклад в осуществление и дальнейшее развитие Стратегии. Чтобы придать нашей реакции эффективный и действен- ный характер, потребуется сплоченность и скоординированный подход со стороны всех органов и институтов ОБСЕ. Действующий председатель будет от лица Совета министров и Постоянного совета нести ответственность за координацию осуществления Стратегии и консультации на этот счет. Проведение ЕКОБ станет поводом для регулярного рассмотре- ния этой Стратегии и хода ее выполнения, а также для выявления и анализа угроз и вызовов по мере их возникновения. В то же время эти конференции откроют двери для инициатив по разработке, при необходимости, дополнительных мер реагирования со стороны ОБСЕ по развитию самой Стратегии. При этом необходимо увязывать нашу реакцию с действи- ями других организаций и институтов. Мы сосредоточим внимание на тех направлениях и вопросах, где ОБСЕ может действительно изменить положение дел. Мы нуждаемся в том, чтобы укрепленная ОБСЕ вносила свой вклад в противодействие угрозам и вызовам, сто- ящим перед всем регионом ОБСЕ, и содействовала упрочению безопасности человека, тем самым реально влияя на жизнь людей, в чем и состоит цель всей нашей работы.
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II. Документ-стратегия ОБСЕ в области экономического и экологического измерения (…)
1. Вызовы и угрозы в области экономического и экологического Измерения (…) 1.6 Углубление социально-экономического неравенства, отсутствие верховенства закона, сла- бость управления, коррупция, массовая нищета и высокий уровень безработицы – вот лишь некоторые факторы, усугубляющие такие глобальные угрозы, как терроризм, агрессивный экстремизм, транснациональная организованная преступность, а также противоправная экономическая деятельность, включая отмывание денег, разного рода незаконный оборот, и незаконная миграция. Межгосударственные и внутригосударственные конфликты в свою очередь препятствуют региональному экономическому сотрудничеству и развитию и под- рывают безопасность – в частности, каналов связи и маршрутов поставки энергоресурсов. (…)
2. Наша реакция и действия (…) 2.2 Утверждение надлежащего управления 2.2.1 Надлежащее государственное и корпоративное управление и крепкие институты являются важнейшими столпами здоровой экономики, способной привлечь инвесторов и тем самым позволить государствам сократить масштабы нищеты и неравенства, повы- сить социальную сплоченность, расширить возможности для всех и сберечь окружающую среду. Надлежащее управление на всех уровнях способствует процветанию, стабильности и безопасности. Мир, добрые межгосударственные отношения, безопасность и стабиль- ность государства, а также безопасность граждан внутри государства, обеспечиваемая верховенством закона и уважением прав человека, имеют ключевое значение для установ- ления климата доверия, являющегося необходимым условием позитивного социально-э- кономического развития. 2.2.2 Надлежащее управление архиважно для всех государств-участников, и мы условились предпринимать на национальном уровне, при поддержке соответствующих международных институтов, усилия по утверждению надлежащего управления во всех ее аспектах и разра- батывать методы сотрудничества для оказания друг другу помощи в достижении этой цели. 2.2.3 Для внедрения надлежащего управления необходим комплексный, долгосрочный стра- тегический подход, при котором успехи на одном направлении не ослаблялись бы недора- ботками других. Мы будем сотрудничать в формировании наших стратегий, касающихся надлежащего управления, и обмениваться информацией о наиболее успешных примерах такой практики.
Содействие транспарентности и борьба с коррупцией 2.2.4 Транспарентность в государственных делах является одним из существенно важных условий подотчетности государств и активного участия гражданского общества в эконо- мических процессах. Транспарентность повышает предсказуемость и доверие к экономике, которая функционирует на основе адекватного законодательства и полного уважения вер- ховенства закона. Важная роль в обеспечении такой транспарентности принадлежит сво- бодным и плюралистичным средствам массовой информации, редакционная политика которых в максимальной степени независима от политического и финансового давления.
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2.2.5 Мы будем повышать транспарентность наших государственных органов посредством дальнейшего развития процедур и институтов, предназначенных для предоставления сред- ствам массовой информации, деловым кругам, гражданскому обществу и гражданам сво- евременной информации, включая надежные статистические данные, по представляющим интерес для общества вопросам экономического и экологического характера, в целях соз- дания условий для диалога между хорошо информированными сторонами, восприимчи- выми к мнению друг друга. Это совершенно необходимо для принятия решений с учетом меняющихся условий, а также потребностей и пожеланий населения. 2.2.6 Транспарентность важна также для разоблачения и судебного преследования всех видов коррупции, которая подрывает экономику и общество в наших странах. Помимо транспарентности борьба с коррупцией требует от государств-участников принятия ком- плексной долгосрочной стратегии в этой области. 2.2.7 Мы согласились сделать ликвидацию всех форм коррупции одной из приоритетных задач. Мы рассмотрим вопрос о присоединении к международным конвенциям и другим правовым документам в области борьбы с коррупцией, в частности к тем, которые были разработаны Советом Европы и Организацией экономического сотрудничества и разви- тия (ОЭСР), и будем поощрять их ратификацию и поддерживать их выполнение в полном объеме. Мы приветствуем принятие Конвенции ООН против коррупции и рассчитываем на ее скорейшее подписание, ратификацию и вступление в силу.
Совершенствование управления государственными ресурсами 2.2.8 Еще одним компонентом надлежащего управления является эффективное управление государственными ресурсами с помощью крепких, отлаженно функционирующих инсти- тутов, профессиональной и действенной государственной службы и рациональных бюд- жетных процедур. Надлежащее управление государственными ресурсами, включая сбор налогов, составление и исполнение бюджета и государственные закупки, особенно важно с точки зрения обеспечения наивысшего качества работы государственных и социальных служб. Мы будем стремиться заложить солидную финансовую основу для наших систем государственного управления и добиваться дальнейшего повышения их эффективности и действенности на всех уровнях. (…)
Социальные условия 2.2.13 Надлежащее управление и устойчивое развитие предполагают наличие политики и систем, укрепляющих социальное партнерство и сплоченность. Мы будем прилагать усилия по расширению для всех доступа к базовым социальным услугам, таким, как меди- цинское обслуживание по приемлемым ценам, пенсионное обеспечение и образование, по адекватной защите социально уязвимых групп и недопущению социальной изоляции. 2.2.14 Мы преисполнены решимости принимать меры по улучшению социальных условий, в том числе путем выявления и целенаправленной поддержки уязвимых групп в обществе, создания адекватных и эффективных сетей социальной защиты, укрепления системы меди- цинского обслуживания, расширения возможностей трудоустройства и осуществления программ реабилитации. (…) 2.3 Обеспечение устойчивого развития (…)
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2.3.3 Мы поддерживаем усилия государств-участников по реализации политики сокраще- ния масштабов нищеты и обеспечения устойчивого развития, включая национальные про- граммы сокращения масштабов нищеты в странах с переходной экономикой. Мы будем приветствовать оказание международными организациями и институтами, обладающими соответствующим опытом и ресурсами, необходимой консультационной и иной помощи. (…)
IV. Решения Совета министров (…)
Решение № 2/03:
Борьба с торговлей людьми
Совет министров,
вновь подтверждая обязательства, которых государства-участники придерживаются в обла- сти борьбы с торговлей людьми, и в особенности Решение № 1 Венской встречи Совета министров 2000 года, Решение № 6 Бухарестской встречи Совета министров 2001 года и Декларацию встречи Совета министров 2002 года в Порту,
ссылаясь также на Решение № 557 Постоянного совета от 24 июля 2003 года об утвержде- нии Плана действий ОБСЕ по борьбе с торговлей людьми, предоставляющего в распоря- жение государств-участников всеобъемлющий инструментарий для борьбы с торговлей людьми на основе многомерного подхода, охватывающего защиту жертв, предупреждение торговли людьми и преследование тех, кто пособничает этому преступлению или совер- шает его, руководствуясь целью наращивания усилий ОБСЕ по борьбе с торговлей людьми,
1. Постановляет одобрить План действий ОБСЕ по борьбе с торговлей людьми, прилагае- мый к настоящему Решению; и
2. Учреждает под эгидой Постоянного совета механизм ОБСЕ для оказания государствам-у- частникам помощи в борьбе с торговлей людьми. Этот механизм будет состоять из двух компонентов, дополняющих деятельность друг друга: назначаемого Действующим пред- седательством специального представителя и специальной группы в Секретариате ОБСЕ.
Механизм создается с тем, чтобы: a) помогать государствам-участникам ОБСЕ выполнять обязательства и полностью исполь- зовать рекомендации, предложенные в Плане действий ОБСЕ по борьбе с торговлей людьми; b) обеспечить координацию усилий ОБСЕ по борьбе с торговлей людьми, предпринимае- мых во всех трех измерениях ОБСЕ; c) укреплять координацию между соответствующими властями государств-участников, а также между ОБСЕ и другими соответствующими организациями; d) повышать общественную и политическую значимость борьбы с торговлей людьми; e) вести работу во всем регионе ОБСЕ и по мере необходимости оказывать государствам-у- частникам, в духе сотрудничества и после консультаций с соответствующими властями
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государств-участников, о которых идет речь, содействие в их стремлении выполнять свои обязательства по борьбе с торговлей людьми; f) предоставлять и облегчать предоставление консультационной и технической помощи в законодательной сфере, а также в выработке политики, при необходимости совместно с другими структурами ОБСЕ, задействованными в этой области; g) быть готовым давать консультации руководству органов законодательной, судебной и исполнительной власти в государствах-участниках и обсуждать с ними выполнение Плана действий ОБСЕ по борьбе с торговлей людьми и обязательств в области борьбы с торговлей людьми. В конкретных случаях, требующих особого внимания, предприни- мать подобающим образом усилия по установлению прямых контактов с соответствующим государством-участником и обсуждать вопросы предоставления консультаций и конкрет- ной помощи, если таковая необходима; h) взаимодействовать с национальными докладчиками или другими национальными меха- низмами, созданными государствами-участниками для координации и мониторинга дея- тельности государственных институтов, направленной на борьбу с торговлей людьми. Он будет также сотрудничать с соответствующими неправительственными организациями государств-участников. Кроме того, в рамках ОБСЕ он будет отвечать за организацию и содействие проведению совещаний по обмену информацией и опытом между нацио- нальными координаторами, уполномоченными государств-участников или экспертами по борьбе с торговлей людьми; i) тесно сотрудничать и координировать свои действия с Бюро по демократическим инсти- тутам и правам человека (БДИПЧ) и другими институтами ОБСЕ, Генеральным секретарем, соответствующими структурами Секретариата, включая Бюро Координатора деятельности ОБСЕ в области экономики и окружающей среды (БКДЭОС), Группу по стратегическим вопросам полицейской деятельности (ГСПД), старшего советника по гендерным вопросам, а также, при необходимости, с операциями ОБСЕ на местах. Механизм будет опираться на экспертный потенциал, имеющийся в этих структурах ОБСЕ, и обеспечивать отсутствие дублирования. По мере целесообразности он будет участвовать в работе неофициальной рабочей группы по гендерному равенству и борьбе с торговлей людьми; j) осуществлять сотрудничество и координацию действий с соответствующими междуна- родными участниками, такими, как Управление Организации Объединенных Наций по наркотикам и преступности, Верховный комиссар Организации Объединенных Наций по делам беженцев, Верховный комиссар Организации Объединенных Наций по правам человека, Детский фонд Организации Объединенных Наций, Международная организация труда, а также Международная организация по вопросам миграции, Международный центр по развитию миграционной политики, Европейский союз, Совет Европы, Целевая группа по проблеме торговли людьми в рамках Пакта о стабильности, Совет государств Балтий- ского моря, Инициатива по сотрудничеству в Юго-Восточной Европе, Интерпол и Европол;
3. Подтверждает, что специальный представитель будет политически подотчетен Постоян- ному совету, которому он будет докладывать регулярно и по мере необходимости. Он будет действовать в соответствии с Решением № 8 десятой встречи Совета министров в Порту;
4. Призывает Действующее председательство назначить специальным представителем видного деятеля, обладающего соответствующими знаниями и опытом, сделав это в соот- ветствии с процедурами ОБСЕ, после проведения с государствами-участниками через Подготовительный комитет консультаций относительно его мандата. В интересах обеспе- чения преемственности, чтобы специальный представитель мог на начальном этапе выпол- нять свои функции в течение по меньшей мере двух председательских сроков подряд,
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Действующее председательство проконсультируется по поводу его назначения со следую- щим по порядку Действующим председательством, а следующее по порядку Действующее председательство в рамках своих прерогатив обязуется продлить полномочия специаль- ного представителя до конца своего председательского срока в соответствии с Решением № 8 десятой встречи Совета министров в Порту;
5. Поручает Постоянному совету учредить в рамках Секретариата ОБСЕ упомянутую выше специальную группу, в состав которой войдут нанятые по контракту или прикомандирован- ные сотрудники. Потенциал специальной группы будет находиться в полном распоряже- нии специального представителя в целях эффективного выполнения вышеуказанных задач;
6. Соглашается, что оба компонента механизма будут финансироваться государствами-участ- никами в рамках сводного бюджета ОБСЕ в соответствии с существующими процедурами. ККУФ разработает на основе консультаций с Действующим председателем и Генеральным секретарем административные условия функционирования и порядок финансирования этого механизма и представит свои рекомендации на утверждение Постоянного совета заблаговременно, чтобы они могли быть отражены в сводном бюджете ОБСЕ на 2004 год.
Приложение к Решению № 2/03: План действий ОБСЕ по борьбе с торговлей людьми
I. Цели и задачи Плана действий
1. План действий призван предоставить в распоряжение государств-участников всеобъемлю- щий инструментарий, который будет служить им подспорьем в выполнении их обязательств по борьбе с ТЛ. Его цель – дать государствам-участникам механизм для осуществления дальнейших шагов, который будет также способствовать координации действий отдель- ных государств-участников как в рамках структур ОБСЕ, так и с другими международ- ными организациями.
Настоящий План действий основан на многомерном подходе к борьбе с торговлей людьми. В нем предусматривается комплексное решение проблемы, включая защиту жертв, преду- преждение ТЛ и судебное преследование тех, кто совершает это преступление или способ- ствует ему. План содержит рекомендации государствам-участникам и соответствующим институтам, органам и структурам ОБСЕ на местах относительно оптимальных путей решения ими данной проблемы в ее политических, экономических, правовых, правоохра- нительных, образовательных и иных аспектах.
2. Кроме того, План действий призван помочь государствам-участникам в применении этих инструментов путем учета накопленного в регионе опыта реализации таких конкретных инициатив и мер, как те, которые осуществляются Целевой группой Пакта о стабильности по борьбе с торговлей людьми в Юго-Восточной Европе.
3. Всеобъемлющий подход к торговле людьми предполагает необходимость сосредоточи- вать внимание на привлечении к ответственности виновных в этом преступлении и на принятии эффективных мер по его предупреждению, продолжая в то же время проявлять гуманность и сострадание при оказании помощи его жертвам.
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II. Определение термина «торговля людьми»
Настоящий План действий основан на следующем определении, которое содержится в статье 3 Протокола ООН о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, дополняющего Конвенцию ООН против транснациональной организованной преступности:
«Торговля людьми означает осуществляемые в целях эксплуатации вербовку, перевозку, передачу, укрывательство или получение людей путем угрозы силы или ее применения или других форм принуждения, похищения, мошенничества, обмана, злоупотребления властью или уязвимостью положения, либо путем подкупа, в виде платежей или выгод, для полу- чения согласия лица, контролирующего другое лицо. Эксплуатация включает, как мини- мум, эксплуатацию проституции других лиц или другие формы сексуальной эксплуатации, принудительный труд или услуги, рабство или обычаи, сходные с рабством, подневольное состояние или извлечение органов».
В своем Решении № 6 (2001 год) Совет министров ОБСЕ призвал государства-участники подписать и ратифицировать Конвенцию ООН против транснациональной организован- ной преступности и Протокол к ней о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее.
III. Расследование, правоприменение и судебное преследование
Обязательства государств-участников, касающиеся проведения расследований, правопри- менения и судебного преследования, отражены в Декларации Совета министров о торговле людьми, принятой в Порту в 2002 году, в принятом в 2001 году Бухарестском плане действий по борьбе с терроризмом, в Решении № 6, принятом на встрече Совета министров в Буха- ресте в 2001 году, и Решении об активизации усилий ОБСЕ по борьбе с торговлей людьми, принятом на встрече Совета министров в Вене в 2000 году. В этих документах государ- ства-участники также согласовали роль ОБСЕ в данной области.
Рекомендуемые действия на национальном уровне
1. Признание уголовно-наказуемым деянием 1.1 Принимать такие законодательные и иные меры, какие могут потребоваться, с тем, чтобы признать в качестве уголовно-наказуемых деяния, указанные в статье 3 Протокола ООН о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, дополняющего Конвенцию ООН против транснациональной органи- зованной преступности. 1.2 Принимать такие законодательные и иные меры, какие могут потребоваться, с тем, чтобы признать в качестве уголовно-наказуемых следующие деяния: • покушение на совершение данного уголовного преступления; • участие в совершении данного уголовного преступления в качестве сообщника; • организацию других лиц или руководство ими с целью совершения данного уголовного преступления. 1.3 Принимать такие меры, какие могут потребоваться для установления ответственности юридических лиц, помимо ответственности физических лиц, за преступления, связанные с торговлей людьми. При условии соблюдения правовых принципов государства-участника
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ответственность юридических лиц может быть уголовной, гражданско-правовой и/или административной. 1.4 Принимать законодательные положения, которые предусматривают эффективные и соразмерные меры уголовного наказания, включая тюремное заключение, учитываю- щие серьезность данного преступления. Там, где это целесообразно, законодательство должно предусматривать дополнительные меры наказания для лиц, признанных вино- вными в торговле людьми при отягчающих обстоятельствах, например, в случаях престу- плений, связанных с торговлей детьми, или преступлений, совершенных государственными должностными лицами или при их соучастии. 1.5 Рассматривать возможность принятия законодательных положений, предусматриваю- щих конфискацию орудий торговли людьми и связанных с нею уголовных преступлений, а также доходов от них, с указанием, где это не противоречит национальному законода- тельству, что конфискованные доходы от торговли людьми будут использоваться на благо жертв этой торговли. Рассмотреть вопрос об учреждении фонда компенсационных выплат жертвам торговли людьми и использовании конфискованных активов в качестве вспомо- гательного источника финансирования такого фонда. 1.6 Обеспечивать, чтобы торговля людьми, составляющие такую торговлю действия и свя- занные с нею преступления квалифицировались в национальном законодательстве и дого- ворах о выдаче как преступления, которые могут повлечь выдачу. 1.7 Принимать такие законодательные и иные меры для признания уголовно наказуемыми актов активной или пассивной коррупции среди публичных должностных лиц, как пере- численные в статьях 8 и 9 Конвенции ООН против транснациональной организованной преступности. 1.8 Обеспечивать, чтобы в отношении жертв торговли людьми не возбуждались уголовные дела лишь на том непосредственном основании, что они стали объектом такой торговли.
2. Правоохранительные меры 2.1 Применять в полном объеме предусмотренные законодательством меры по борьбе с тор- говлей людьми и связанные с ними меры. 2.2 Создавать специальные подразделения по борьбе с торговлей людьми, состоящие как из мужчин, так и из женщин, прошедших основательную подготовку в расследовании престу- плений, связанных с посягательствами сексуального характера, или преступлений, касаю- щихся детей, с тем, чтобы способствовать повышению компетентности, профессионализма и добросовестности работников. 2.3 Наращивать потенциал в области борьбы с коррупцией. 2.4 Разрабатывать программы взаимодействия полиции с местным населением: повышать уровень доверия между полицией и населением, с тем, чтобы, в частности, способствовать получению информации, касающейся торговли людьми, и стимулировать у потерпевших желание заявлять о преступлениях. 2.5 Расширять сотрудничество между следственными правоохранительными органами с целью установления возможно криминального, связанного с торговлей людьми проис- хождения подозрительных активов. 2.6 Обеспечивать не только ресурсы и подготовку кадров для развития основанной на сборе оперативной информации полицейской деятельности по обузданию и анализу преступ- ности, а также по обработке и анализу криминалистических данных, но и другие высоко- профессиональные навыки и современную технику, необходимые правоохранительным органам для выполнения их задач по борьбе с торговлей людьми.
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2.7 Побуждать следователей и прокуроров к тому, чтобы в ходе следствия и судебного пре- следования они не полагались только и исключительно на свидетельские показания. Изу- чать альтернативные стратегии расследования, исключающие необходимость обязательной дачи потерпевшими показаний в суде. 2.8 Принимать практически осуществимые меры с целью обеспечить, чтобы в отношении сотрудников миссий ОБСЕ, нарушающих своим поведением Кодекс поведения сотрудников миссий ОБСЕ и другие положения, применялись установленные санкции, включая, в над- лежащих случаях, дисциплинарные процедуры и уголовное преследование. 2.9 Уделять первоочередное внимание проблеме коррупции в местных правоохранитель- ных органах и обеспечивать применение надлежащих дисциплинарных процедур и уголов- ного преследования в отношении правоохранительных органов, уличенных в коррупции, связанной с торговлей людьми.
3. Сотрудничество правоохранительных органов и обмен информацией между государ- ствами-участниками 3.1 Тесно сотрудничать друг с другом, действуя сообразно своим внутренним правовым и административным системам, в целях повышения эффективности правоохранительных мер по борьбе с преступлениями, охватываемыми настоящим Планом действий. Развивать аналогичное сотрудничество и координацию действий между правоохранительными орга- нами внутри государств. 3.2 Принимать эффективные меры, в частности, с целью: • расширения и, где это необходимо, создания каналов связи между государствами-у- частниками; • сотрудничества в расследовании преступлений, охватываемых настоящим Планом дей- ствий; • предоставления, в надлежащих случаях, предметов или доказательств, необходимых для целей анализа или расследования; • содействия эффективной координации действий между их компетентными органами, ведомствами и службами и поощрения обмена сотрудниками и другими экспертами, включая, при условии заключения заинтересованными государствами-участниками двусторонних соглашений или договоренностей, направление сотрудников по связям; • обмена информацией о конкретных средствах и методах, применяемых организованными преступными группами, включая, где это применимо, сведения о маршрутах и перевоз- ках, а также об использовании ложных имен, измененных или поддельных документов либо других средств сокрытия их деятельности; • координации административных и иных мер, признанных целесообразными для забла- говременного выявления преступлений, охватываемых настоящим Планом действий. 3.3 Заключать соглашения о двустороннем и многостороннем сотрудничестве между пра- воохранительными органами для облегчения обмена информацией. 3.4 Предпринимать усилия с целью разработки единых стандартов, касающихся сбора ста- тистических данных.
4. Оказание помощи и защиты свидетелям и потерпевшим в рамках системы уголовного правосудия 4.1 Принимать, в пределах имеющихся у государств-участников возможностей, надлежащие меры, включая законодательные, для обеспечения эффективной защиты от вероятной мести
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или запугивания в отношении участвующих в уголовном производстве свидетелей, кото- рые дают показания в связи с преступлениями, охватываемыми настоящим Планом дей- ствий, и, в надлежащих случаях, в отношении их родственников и других близких им лиц. 4.2 Повышать степень осознания правоохранительными органами и должностными лицами своей ответственности за обеспечение безопасности жертв ТЛ и их благополучия в бли- жайшей перспективе. 4.3 Обеспечивать защиту сведений и право потерпевших на неприкосновенность частной жизни, в том числе в процессе сбора сведений и их анализа. 4.4 Облегчать участие потерпевших в качестве свидетелей в расследованиях и судебных слу- шаниях или в других мероприятиях в рамках уголовного производства путем предоставле- ния им возможности сменить место жительства в качестве одной из мер защиты свидетелей. 4.5 Давать потерпевшим юридические консультации в процессе принятия ими решения о том, выступать ли с показаниями в суде. 4.6 Разрешать НПО оказывать потерпевшим поддержку в ходе судебных слушаний, если это не противоречит национальному законодательству.
5. Подготовка кадров 5.1 Организовывать или совершенствовать подготовку должностных лиц пограничных служб, должностных лиц правоохранительных органов, судей, прокуроров, должностных лиц иммиграционных и иных соответствующих служб по всем аспектам проблемы тор- говли людьми. 5.2 При осуществлении программ такой подготовки уделять внимание вопросам прав чело- века, проблемам, особо затрагивающим детей, а также гендерной проблематике, и поощ- рять сотрудничество с неправительственными организациями, другими соответствующими организациями и иными элементами гражданского общества.
6. Меры пограничного контроля 6.1 Рассматривать возможность принятия мер, которые позволяют, в соответствии с вну- тренним законодательством, отказывать во въезде, аннулировать визы или, возможно, временно задерживать лиц, причастных к совершению преступлений, как они определены в действующем законодательстве. 6.2 Рассматривать возможность укрепления сотрудничества между органами пограничного контроля, в том числе путем создания и поддержания прямых каналов связи.
7. Надежность документов и контроль за ними 7.1 Принимать, в пределах имеющихся возможностей, такие меры, какие могут потребо- ваться для обеспечения такого качества выдаваемых государствами-участниками или от их имени документов на въезд/выезд или удостоверений личности, которое в максималь- ной степени затрудняло бы их неправомерное использование, подделку или противозакон- ное изменение, воспроизведение или выдачу.
8. Законность и действительность документов 8.1 По просьбе другого государства-участника и в соответствии со своим внутренним законодательством проводить в течение разумного срока проверку законности и действи- тельности выданных или якобы выданных от его имени документов на въезд/выезд или удостоверений личности в тех случаях, когда есть весомые основания подозревать, что они используются для целей торговли людьми. Действия институтов и органов ОБСЕ
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9. Обзор и реформа законодательства 9.1 БДИПЧ и, в соответствующих случаях, структуры на местах будут продолжать поощ- рять и поддерживать усилия по обзору и реформированию законодательства в соответ- ствии с международными стандартами. 9.2 ОБСЕ будет и впредь развивать сотрудничество с другими соответствующими партне- рами и организациями.
10. Правоохранительные меры 10.1 Группа ОБСЕ по стратегическим вопросам полицейской деятельности будет продол- жать продвигать концепцию полицейской работы, основанной на взаимодействии с мест- ным населением. 10.2 Группа по стратегическим вопросам полицейской деятельности и Бюро Координатора деятельности ОБСЕ в области экономики и окружающей среды (БКДЭОС) будут способство- вать обмену информацией между государствами-участниками о лучшей практике, которую соответствующим следственным органам надлежит использовать для проверки возможно преступного и связанного с торговлей людьми происхождения подозрительных активов. 10.3. БКДЭОС будет продолжать совместную работу с осуществляемой Управлением ООН по наркотикам и преступности Глобальной программой борьбы с отмыванием денег и поль- зоваться ее добрыми услугами для содействия организации в заинтересованных государ- ствах-участниках семинаров-практикумов по борьбе с отмыванием денег. 10.4 БДИПЧ в рамках оказываемого им содействия в разработке национальных механизмов передачи и рассмотрения дел будет продолжать поощрять сотрудничество между правоох- ранительными органами и гражданским обществом и способствовать ему.
11. Дисциплинарные меры 11.1 Службе внутреннего надзора поручается вести учет данных о расследовании совер- шенных сотрудниками миссий правонарушений, связанных с торговлей людьми, и о всех последующих действиях, предпринятых в этой связи. Генеральному секретарю предлага- ется регулярно докладывать Постоянному совету о мерах, принимаемых во исполнение существующих положений в случаях нарушения Кодекса поведения, при уважении непри- косновенности частной жизни лиц, обвиняемых в этих нарушениях.
12. Подготовка кадров 12.1 БДИПЧ и Группа ОБСЕ по стратегическим вопросам полицейской деятельности будут продолжать разрабатывать учебные материалы для сотрудников правоохранительных орга- нов на тему расследования преступлений, связанных с торговлей людьми, и половых пре- ступлений, консультироваться с Международной правоохранительной академией (МПА) в Будапеште относительно возможностей включения такой учебы в программы МПА, под- бирать инструкторов для проведения занятий по вопросам правоохранительной работы и способствовать финансированию учебных занятий для сотрудников правоохранитель- ных органов в государствах-участниках ОБСЕ. 12.2 Хотя международные партнеры, такие, как Международный центр по разработке мигра- ционной политики и Международная организация по вопросам миграции, проводят базо- вое обучение полицейских реагированию на сигналы о торговле людьми, а другие, такие, как Программа развития ООН, обеспечивают углубленную подготовку, существует потреб- ность в дополнительном обучении сотрудников навыкам работы по конкретным видам половых преступлений, например, половым преступлениям против детей. Группа ОБСЕ по
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стратегическим вопросам полицейской деятельности будет осуществлять такую подготовку в сотрудничестве с Детским фондом ООН и другими соответствующими организациями.
13. Надежность документов и контроль за ними 13.1 Соответствующие органы ОБСЕ, и в частности Антитеррористическое подразделе- ние, будут продолжать содействовать проведению семинаров-практикумов по выявлению документов, используемых в незаконных целях в связи с торговлей людьми, выявлению использования поддельных документов для ввоза лиц, являющихся объектом торговли, и совершенствованию нетехнических методов обнаружения, таких, как проведение собе- седований. Кроме того, на семинарах-практикумах будут рассматриваться способы защиты свободы передвижения людей через границы в пределах ограничений, не противоречащих соответствующим обязательствам, принятым в рамках ОБСЕ.
IV. Предупреждение торговли людьми
Обязательства государств-участников по предупреждению зафиксированы в Декларации о торговле людьми, принятой на встрече Совета министров в Порту в 2002 году, Решении Постоянного совета № 426 (2001 год), Решении об активизации усилий ОБСЕ по борьбе с торговлей людьми, принятом на встрече Совета министров в Вене в 2000 году, Плане дей- ствий ОБСЕ по гендерным вопросам, утвержденном Постоянным советом в 2000 году, Хар- тии европейской безопасности, принятой в Стамбуле в 1999 году, Документе Московского совещания Конференции по человеческому измерению СБСЕ, принятом в Москве в 1991 году, и Заключительном акте Совещания по безопасности и сотрудничеству в Европе, при- нятом в Хельсинки в 1975 году. В вышеупомянутых документах государства-участники также согласовали роль ОБСЕ в этой области.
Рекомендуемые действия на национальном уровне
1. Сбор данных и исследования 1.1 Осуществлять сбор данных отдельно о женщинах, мужчинах и детях, являющихся жерт- вами торговли людьми, а также совершенствовать исследовательскую и аналитическую работу по таким темам, как характер и масштабы ТЛ и используемые организованными преступными группами механизмы торговли людьми и эксплуатации, в целях разработки эффективных и целенаправленных мер по предупреждению торговли людьми. Содейство- вать расширению исследований и обмена информацией по проблеме торговли детьми. 1.2 Выявлять наиболее уязвимые группы населения и разрабатывать специально для них информационно-просветительские кампании. 1.3 Проводить более углубленный анализ коренных причин ТЛ, факторов спроса и пред- ложения в такой торговле, ее сетей и экономических последствий, а также ее связи с неле- гальной миграцией.
2. Меры пограничного контроля 2.1 Без ущерба для международных обязательств в отношении свободного передвижения людей усиливать, насколько это возможно, меры пограничного контроля в той степени, в какой это может потребоваться для предупреждения и выявления ТЛ. 2.2 Принимать законодательные или другие надлежащие меры для предупреждения, в мак- симально возможной степени, использования транспортных средств, эксплуатируемых коммерческими перевозчиками, при совершении преступлений, которые определены в поло- жениях о борьбе с торговлей людьми.
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2.3 В соответствующих случаях и без ущерба для применимых международных конвенций обязывать коммерческих перевозчиков, в том числе любую транспортную компанию или же владельца или оператора любых транспортных средств, удостоверяться в том, что все пасса- жиры имеют действительные документы на въезд/выезд. В соответствии с внутренним законо- дательством принимать необходимые меры, с тем, чтобы предусмотреть санкции за нарушения.
3. Экономическая и социальная политика, направленная на устранение коренных причин ТЛ 3.1 В странах происхождения: • считать приоритетными задачами содействие социально-экономической и политической стабильности и сокращение как миграции, вызываемой глубокой нищетой, так и фак- торов «предложения» в торговле людьми. Политика, направленная на достижение этих целей, должна также способствовать экономическому развитию и преодолению соци- альной отчужденности; • повышать доступность общего и профессионально-технического образования для детей и расширять охват детей, особенно девочек и представителей меньшинств, школьным образованием; • расширять для женщин возможности трудоустройства путем содействия улучшению коммер- ческих перспектив малых и средних предприятий (МСП). Организовывать курсы подготовки кадров для МСП, предназначенные в первую очередь для лиц, входящих в «группы риска». 3.2. В странах назначения: • принимать меры по уменьшению «незаметности эксплуатации». Достижению этой цели будет весьма способствовать разработка межведомственной программы мониторинга, административного контроля и сбора оперативной информации в отношении рынков труда и, где это применимо, секс-индустрии; • рассматривать возможность осуществления правительствами либерализации рынков труда в своих странах с целью увеличения возможностей трудоустройства для работни- ков самых различных уровней квалификации; • принимать меры по решению проблемы незащищенного, неофициального и зачастую незаконного труда с целью установления баланса между спросом на дешевую рабочую силу и возможностями законной миграции; • бороться с подпольной экономической деятельностью, подрывающей экономику и спо- собствующей росту торговли людьми. 3.3 Как в странах происхождения, так и в странах назначения: • принимать меры для повышения уровней социальной защищенности и создания равных для всех возможностей трудоустройства; • принимать надлежащие меры для устранения дискриминации женщин при найме на работу, имея в виду обеспечить на основе гендерного равенства право на равную оплату за равный труд и право на равенство возможностей в области трудоустройства; • противодействовать всем формам дискриминации меньшинств; • разрабатывать программы, позволяющие людям выбирать различные способы зарабатывать себе на жизнь и включающие начальное образование, обучение грамоте, развитие коммуника- тивных и иных навыков и сокращение препятствий для предпринимательской деятельности; • поощрять более внимательное отношение к гендерным вопросам и пропагандировать равноправные и взаимоуважительные отношения между полами, предотвращая тем самым насилие в отношении женщин;
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• обеспечивать проведение политики, предусматривающей предоставление женщинам равного доступа к экономическим и финансовым ресурсам и равного права распоря- жаться ими; • содействовать развитию гибких механизмов финансирования и расширению возможно- стей получения кредита, включая микроссуды под низкий процент; • содействовать утверждению надлежащего управления и транспарентности в экономи- ческих сделках; • принимать или совершенствовать меры в области законодательства, образования, куль- туры или в социальной области, а также, где это применимо, в сфере уголовного права, в том числе путем двустороннего и многостороннего сотрудничества, направленные на противодействие спросу, порождающему эксплуатацию людей, особенно женщин и детей, во всех ее формах и ведущего к торговле людьми.
4. Повышение осведомленности 4.1 Проводить совместно с гражданским обществом и НПО информационные кампании для повышения осведомленности общественности о торговле людьми в различных ее фор- мах, в том числе о методах, применяемых при такой торговле, и опасностях, которым под- вергаются ее жертвы. 4.2 Повышать осведомленность о торговле людьми среди работников иммиграционных органов, а также консульского и дипломатического персонала, с тем, чтобы полученные зна- ния могли использоваться ими в их повседневных контактах с потенциальными жертвами. 4.3 Поощрять распространение посольствами государств – в том числе через НПО – инфор- мации о соответствующем национальном законодательстве в таких областях, как семей- ное право, законы о труде и иммиграционное законодательство, представляющем интерес для потенциальных мигрантов. 4.4 Целенаправленно повышать осведомленность других соответствующих социальных групп, включая лиц, ответственных за выработку политики, сотрудников правоохрани- тельных органов и других соответствующих специалистов, таких, как медицинские, соци- альные работники и должностные лица, занимающиеся вопросами трудоустройства, а также представителей частного сектора, о ТЛ в целях повышения их готовности надлежа- щим образом противодействовать этому явлению и укрепления их институционального потенциала для борьбы с ним. 4.5 Рекомендовать консульским и визовым отделам дипломатических представительств использовать в своей работе с лицами, подвергающимися риску, печатные и иные материалы. 4.6 Повышать осведомленность работников СМИ. Освещение проблемы торговли людьми в средствах массовой информации должно включать четкое разъяснение сути этого явле- ния и реалистичное изображение его жертв. Для максимально полного информирования общественности об этой проблеме и привлечения к ней как можно большего внимания кампании по борьбе с торговлей людьми следует проводить с участием профессиональ- ных журналистов. 4.7 Проводить кампании по повышению осведомленности, нацеленные также на самые уяз- вимые группы населения, включая лиц, принадлежащих к национальным меньшинствам, детей, мигрантов и внутренне перемещенных лиц (ВПЛ). 4.8 Охватывать кампаниями по повышению осведомленности малые города и села, угроза для населения которых может быть особенно высокой.
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4.9 Вести работу в школах и высших учебных заведениях, а также непосредственно с семьями, чтобы донести информацию до молодежи и повысить ее осведомленность о торговле людьми. 4.10 Обращать внимание, в том числе с помощью средств массовой информации, на необ- ходимость сокращения спроса на услуги лиц, ввозимых с целью их сексуальной эксплуа- тации, привлечения к принудительному труду, обращения в рабство и применения к ним иной практики, аналогичной рабству, и в этой связи воспитывать абсолютную нетерпи- мость к торговле людьми во всех ее формах. 4.11 Создавать в странах происхождения, транзита и назначения «телефоны доверия», о кото- рых должно быть широко известно и которые должны выполнять три функции: служить независимым источником консультаций и рекомендаций потенциальным жертвам тор- говли людьми, обдумывающим предложения о выезде за рубеж с целью трудоустройства или в иных целях, быть первым контактным телефоном, с помощью которого жертвы ТЛ получали бы доступ к механизму передачи и рассмотрения дел, а также облегчать подачу анонимных сигналов о случаях ТЛ и подозрениях на такие случаи.
5. Законодательные меры 5.1 Принимать или пересматривать законы, административные механизмы и процедуры, регулирующие лицензирование и осуществление видов коммерческой деятельности, кото- рые, согласно оперативным данным, могут иметь отношение к торговле людьми – таких, как бюро по трудоустройству, туристические фирмы, агентства по найму нянь и помощ- ниц по хозяйству, агентства по усыновлению или международному подбору брачных пар- тнеров, а также гостиницы и бюро эскорт-услуг. 5.2 Обеспечивать, чтобы меры, принимаемые с целью предупреждения торговли людьми и борьбы с ней, не наносили ущерба правам и достоинству личности, включая свободу передвижения.
Действия институтов и органов ОБСЕ
6. Сбор данных и исследования 6.1 Активизировать сбор данных и проведение исследований по проблеме торговли людьми, и особенно торговли детьми, опираясь на результаты уже проведенных исследований и осу- ществляя обмены с Детским фондом Организации Объединенных Наций и другими соот- ветствующими участниками. 6.2 Поручить пункту БДИПЧ для контактов по вопросам, касающимся рома и синти, про- должать сбор данных о торговле людьми, и прежде всего детьми, а также о ее последствиях для общин рома и синти.
7. Меры, направленные на устранение коренных причин ТЛ 7.1 БКДЭОС будет способствовать созданию и развитию национальных общественных цен- тров информационных ресурсов, дающих гражданам возможность проверять законность коммерческих структур – особенно тех, которые предлагают трудоустройство за рубежом, – без дублирования механизмов, уже существующих в рамках торговых палат или иных орга- нов, занимающихся регистрацией предпринимательской деятельности. БКДЭОС может выступать в роли посредника, собирая информацию о примерах лучшей практики, каса- ющейся легкодоступных способов проверки законности, и распространяя ее среди заин- тересованных государств-участников и/или операций ОБСЕ на местах.
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7.2 БКДЭОС будет и впредь содействовать подготовке кадров для МСП, особенно из числа лиц, входящих в «группы риска», – в том числе путем оказания помощи в выработке зако- нодательства, сокращающего барьеры на пути создания МСП. 7.3 БКДЭОС следует разрабатывать программы противодействия экономическим факто- рам, повышающим для женщин и меньшинств риск оказаться вовлеченными в торговлю людьми, включая дискриминацию на рабочем месте и трудности в получении кредита.
8. Повышение осведомленности 8.1 БДИПЧ и, где это целесообразно, операции на местах будут и далее вносить вклад в исследовательскую работу, наряду с поощрением и осуществлением инициатив по повы- шению осведомленности во взаимодействии с соответствующими партнерами повсюду в регионе ОБСЕ. 8.2 Отдел прессы и общественной информации будет содействовать повышению осведом- ленности СМИ о деятельности ОБСЕ, касающейся торговли людьми. БДИПЧ активизи- рует проведение учебных мероприятий, посвященных ответственности средств массовой информации за тактичное освещение темы торговли людьми, не приводящее к укрепле- нию негативных стереотипов. В ходе учебной подготовки акцент будет сделан на том, что торговля людьми представляет собой сложное явление и для противодействия ей необхо- дим комплексный подход. 8.3 В целях обеспечения того, чтобы персонал операций ОБСЕ на местах не участвовал в тор- говле людьми и сознательно не потворствовал ей каким бы то ни было образом, а также в целях выполнения норм, зафиксированных в части 4 Кодекса поведения ОБСЕ, являю- щегося неотъемлемой частью Положений о персонале, Генеральный секретарь разработает всеобъемлющие инструкции для персонала, с тем, чтобы они были рассмотрены Постоян- ным советом не позднее 15 ноября 2003 года. 8.4 Координатор ОБСЕ по подготовке кадров, старший советник по гендерным вопро- сам и старший координатор по вопросам безопасности будут продолжать использовать вводно-ознакомительный курс для развития и проведения совместно с БДИПЧ работы по подготовке персонала, тематика которой будет охватывать гендерные вопросы, торговлю людьми и соответствующие правила и руководящие принципы, а также организовывать специальные семинары-практикумы на местах. Руководители операций на местах обеспе- чат посещение таких учебных курсов всеми сотрудниками в обязательном порядке. 8.5 БКДЭОС будет способствовать мобилизации и наращиванию усилий частного сектора по борьбе с торговлей людьми путем повышения осведомленности, а также путем выявле- ния и распространения лучшей практики, такой, как саморегулирование, выработка руко- водящих принципов программного характера и кодексов поведения.
V. Защита и помощь
Принятые в ОБСЕ обязательства, касающиеся оказания защиты и помощи жертвам тор- говли людьми, зафиксированы в Декларации о торговле людьми, принятой Советом мини- стров в Порту в 2002 году, Решении № 6, принятом Советом министров в Бухаресте в 2001 году, Решении № 1, принятом Советом министров в Вене в 2000 году, и Хартии европей- ской безопасности, принятой в Стамбуле в 1999 году.
Рекомендуемые меры на национальном уровне
1. Сбор данных и исследования
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1.1 Осуществлять сбор данных путем обмена и анализа информации о лучшей практике и иных сведений, касающихся оказания эффективной защиты и помощи жертвам торговли людьми в государствах-участниках ОБСЕ.
2. Законодательные меры 2.1 Рассмотреть вопрос о принятии законодательства, создающего правовую основу для оказания помощи и защиты жертвам ТЛ, особенно в ходе следствия и судебного разби- рательства. 2.2 Ратифицировать или присоединиться к Протоколу ООН о предотвращении и пресече- нии торговли людьми, особенно женщинами и детьми, и наказании за нее, дополняющему Конвенцию ООН против транснациональной организованной преступности, и обеспечить его выполнение в полном объеме.
3. Национальные механизмы передачи и рассмотрения дел (НМПР)* 3.1 Учредить национальные механизмы передачи и рассмотрения дел путем создания схемы сотрудничества, в рамках которой государства-участники будут выполнять свои обязательства по защите и обеспечению прав жертв ТЛ на основе координации действий и в стратегическом партнерстве с гражданским обществом и другими участниками работы в этой области. (*Подготавливаемый БДИПЧ Сборник указаний и принципов, касающихся разработки и внедрения национальных механизмов передачи и рассмотрения дел, может служить полезным источником рекомендаций и информации относительно роли НМПР в оказании помощи и защиты жертвам ТЛ.) 3.2 Сформулировать руководящие указания, облегчающие точное выявление жертв ТЛ и надлежащее обращение с ними, основанное на уважении взглядов и достоинства соот- ветствующих лиц. 3.3 Объединить усилия правоохранительных органов, включая подразделения, специально созданные для борьбы с торговлей людьми, а также полицию на местном уровне, должност- ных лиц миграционных и пограничных служб, структур по оказанию социальной защиты, медицинских учреждений, а также НПО и других институтов гражданского общества как самых важных участников, которые должны быть вовлечены в работу НМПР. 3.4 Создать соответствующие механизмы для согласования помощи жертвам с деятельно- стью следственных органов и прокуратуры. 3.5 Привлекать особое внимание к необходимости усиления сотрудничества между поли- цией и НПО в выявлении, информировании и защите жертв ТЛ. 3.6 Увязывать работу НМПР с деятельностью межминистерских органов, национальных координаторов, НПО и других соответствующих национальных институтов в целях фор- мирования межсекторальной и междисциплинарной группы, способной разрабатывать политику борьбы с торговлей людьми и отслеживать ее проведение.
4. Приюты 4.1 Создать при государственных органах, НПО или других институтах гражданского общества приюты для жертв торговли людьми; в этих приютах им должны быть обеспе- чены безопасность, возможность получения независимых рекомендаций и консультаций на известном им языке, первая медицинская помощь, а также возможность использовать
* Практическое руководство БДИПЧ «Механизмы перенаправления жертв торговли людьми на нацио- нальном уровне» может служить полезным источником информации о роли МПЖ в оказании помощи и предоставлении защиты пострадавшим от торговли людьми.
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время для размышлений после пережитой травмы. Приюты могут создаваться на базе уже существующих учреждений, таких, как кризисные центры для женщин. 4.2 Предоставлять доступ в приюты всем жертвам торговли людьми, независимо от их готовности сотрудничать с властями при проведении расследования. 4.3 Уделять особое внимание обеспечению безопасности персонала таких приютов, кон- фиденциальности получаемой информации, а также безопасности жертв ТЛ и неприкос- новенности их частной жизни. 4.4 Использовать приюты для предоставления жертвам ТЛ возможностей для такого обу- чения, которое в дальнейшем облегчит им реинтеграцию, трудоустройство и обретение самостоятельности, а также повышать их социальную конкурентоспособность после пере- житой травмы.
5. Выдача документов 5.1 При необходимости обеспечивать выдачу документов в качестве первого шага по уста- новлению личности потерпевших и определению их статуса в странах назначения, что позволяет избрать соответствующий случаю вариант дальнейшего содействия, такой, как репатриация (предпочтительно добровольная), выдача временного или постоянного вида на жительство и/или легализация работы по найму. 5.2 Усиливать сотрудничество между правоохранительными органами в странах происхож- дения, транзита и назначения, а также ответственными должностными лицами всех учреж- дений, занимающихся восстановлением прав жертв ТЛ, включая сотрудников посольств и консульств государств-участников, в целях облегчения и ускорения проверки личных данных и во избежание необоснованных или неразумных задержек. 5.3 Информировать лиц, признанных жертвами ТЛ, об их праве доступа к дипломатиче- ским и консульским представителям страны своего гражданства.
6. Оказание социальной помощи 6.1 Разрабатывать программы социальной помощи и интеграции, включая юридические консуль- тации на известном потерпевшему языке, медицинскую и психологическую помощь и доступ к медицинскому обслуживанию – в приютах либо в других соответствующих учреждениях. 6.2 Рассмотреть, если это не противоречит национальному законодательству, возможность принятия юридических мер, позволяющих использовать конфискованные активы в качестве дополнения к государственному финансированию программ по удовлетворению потреб- ностей жертв ТЛ и для выплаты жертвам компенсации, соразмерной тяжести совершен- ного против них преступления.
7. Репатриация, реабилитация и реинтеграция 7.1 Оказывать жертвам ТЛ помощь в их предпочтительно добровольной репатриации в страну происхождения с должным учетом их безопасности и безопасности их семей и без необоснованных или неразумных задержек. 7.2 Обеспечивать соблюдение надлежащих процедур в ходе всех действий, связанных с воз- вращением и выдворением, при учете подхода, основанного на гуманности и сострадании. 7.3 Рассматривать возможность содействия реабилитации и социальной реинтеграции жертв ТЛ путем предоставления им социально-экономических льгот. 7.4 Акцентировать внимание СМИ на необходимости уважать неприкосновенность част- ной жизни, воздерживаясь от обнародования информации о личности жертв ТЛ и от
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публикации конфиденциальных сведений, которая может нанести ущерб безопасности жертв или отправлению правосудия в ходе уголовного производства.
8. Предоставление времени на размышление и выдача временных или постоянных видов на жительство 8.1 Рассмотреть вопрос о введении практики предоставления потерпевшим достаточного времени на размышление для принятия решения о том, давать или не давать свидетель- ские показания. 8.2 Рассматривать на индивидуальной основе, если это целесообразно, вопрос о выдаче временных или постоянных видов на жительство, принимая во внимание такие факторы, как потенциальные угрозы безопасности жертв. 8.3 Рассматривать, если это целесообразно, вопрос о выдаче потерпевшим разрешений на работу в период их пребывания в принимающей стране.
9. Обеспечение права просить о предоставлении убежища 9.1 Обеспечивать, чтобы законы, политика, программы и мероприятия по борьбе с тор- говлей людьми не ущемляли право всех лиц, включая жертв ТЛ, запрашивать и получать убежище от преследования в соответствии с международно-правовыми нормами, касаю- щимися беженцев, в частности путем эффективного применения принципа невыдворения.
10. Защита детей 10.1 Обеспечивать, чтобы особые потребности детей и необходимость наилучшего обе- спечения интересов ребенка в полной мере учитывались при принятии решений о предо- ставлении адекватного жилья, надлежащем образовании и попечении. В соответствующих случаях, при отсутствии прямой угрозы безопасности ребенка, предоставлять детям доступ к государственной системе образования. 10.2 Принимать решение о репатриации ребенка, ставшего жертвой ТЛ, только после учета всех конкретных обстоятельств дела и при наличии в стране происхождения семьи или специального учреждения, способных обеспечить безопасность, защиту, реабилитацию и реинтеграцию данного ребенка. 10.3 Учитывать положения, содержащиеся в изданном Верховным комиссаром ООН по делам беженцев руководстве по защите несопровождаемых несовершеннолетних, при выработке политики, касающейся этой «группы риска», – особенно в отношении тех, кто не имеет документов, удостоверяющих личность. 10.4 Использовать двусторонние и/или региональные соглашения об основных принципах надлежащего приема несопровождаемых детей для объединения усилий по защите детей. 10.5 Ратифицировать Факультативный протокол о торговле детьми, детской проституции и детской порнографии к Конвенции о правах ребенка или присоединиться к нему и обе- спечить его осуществление в полном объеме.
Действия институтов и органов ОБСЕ
11. Национальный механизм передачи и рассмотрения дел 11.1 Активизировать деятельность ОБСЕ, и особенно БДИПЧ, в целях оказания государ- ствам-участникам по их просьбе помощи в создании НМПР. 11.2 Поручить группе ОБСЕ по стратегическим вопросам полицейской деятельности совместно с БДИПЧ дальнейшую разработку руководства или пособия по выявлению
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предполагаемых жертв и сбору доказательств ТЛ в целях оказания, по мере необходимо- сти, помощи государствам-участникам.
12. Реинтеграция 12.1 БКДЭОС будет облегчать контакты между представителями государства и частного сектора, с тем, чтобы побудить деловые круги предоставлять жертвам торговли людьми возможности для трудоустройства.
13. Защита детей 13.1 ОБСЕ в целом будет уделять особое внимание проблеме торговли детьми и осознанию уязвимости несопровождаемых детей. Следует предпринимать усилия по развитию сотруд- ничества со специализированными международными учреждениями, особенно с Детским фондом Организации Объединенных Наций и соответствующими международными НПО, в целях организации совещаний экспертов, проведения исследований и разработки руко- водящих принципов, направленных на наилучшее обеспечение интересов ребенка.
14. Подготовка кадров 14.1 Поручить координатору ОБСЕ по подготовке кадров, старшему советнику по гендер- ным вопросам и старшему координатору по вопросам безопасности разработать во взаи- модействии с БДИПЧ информационный материал о способах оказания помощи жертвам торговли людьми – особенно детям – в ответ на обращения отдельных лиц или государ- ственных и неправительственных органов, а также обеспечить соответствующую подго- товку сотрудников миссий ОБСЕ. Этот материал мог бы также распространяться среди военнослужащих, миротворцев и другого международного персонала на местах. 14.2 Поручить БДИПЧ сбор и распространение информации о мерах, учебных программах и материалах, уже существующих в государствах-участниках ОБСЕ.
15. Законодательные меры 15.1 Координируя свои действия с Управлением ООН по наркотикам и преступности, Советом Европы и другими соответствующими участниками, БДИПЧ будет продолжать оказывать государствам-участникам по их просьбе помощь в приведении их националь- ного законодательства в соответствие с международными нормами и стандартами, прежде всего за счет поощрения гуманного и основанного на сострадании подхода к жертвам ТЛ.
VI. Механизмы осуществления дальнейших шагов и координации действий
Наряду с наблюдением за выполнением государствами-участниками принятых в ОБСЕ обя- зательств с использованием существующих механизмов ОБСЕ, включая ежегодное Совеща- ние по рассмотрению выполнения, посвященное человеческому измерению, конференции по обзору и соответствующие мероприятия в области человеческого измерения,
Постоянный совет рекомендует следующие действия на национальном уровне:
1. Рассмотреть вопрос о назначении национальных докладчиков или создании иных меха- низмов наблюдения за деятельностью государственных учреждений, направленной про- тив торговли людьми, и за выполнением требований национального законодательства.
2. Рассмотреть вопрос о создании комиссий (целевых групп) по борьбе с торговлей людьми или аналогичных органов, ответственных за координацию действий государственных
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учреждений и НПО внутри страны и за выработку мер по предупреждению ТЛ, наказа- нию виновных в ТЛ и защите ее жертв.
3. Совершенствовать сотрудничество между государственными институтами и националь- ными НПО, занимающимися оказанием защиты и помощи жертвам ТЛ, борьбой с наси- лием в отношении женщин и детей, обеспечением гендерного равенства и повышением осведомленности в вопросах прав человека.
Постоянный совет также:
4. Поручает Председательству провести обсуждение дальнейших шагов на основе насто- ящего Плана действий, включая усиление существующих структур, и изучить потреб- ность в новом механизме, призванном повысить эффективность усилий ОБСЕ по борьбе с торговлей людьми за счет придания ее деятельности большего политического резонанса и закрепления за ней видной роли в решении данной проблемы, а также за счет лучшей координации работы в трех измерениях ОБСЕ.
5. Поручает соответствующим структурам ОБСЕ организовывать и облегчать проведение в Вене ежегодных совещаний национальных координаторов, представителей или экспертов по борьбе с торговлей людьми в целях наблюдения за ходом выполнения Плана действий ОБСЕ. Это даст им возможность налаживать между собой связи, обмениваться информа- цией и определять приоритеты сотрудничества.
6. Настоятельно призывает к развитию тесного взаимодействия между Секретариатом ОБСЕ, ее институтами и ее операциями на местах в целях оказания государствам-участни- кам, когда это целесообразно, помощи в выполнении настоящего Плана действий.
7. Поручает БДИПЧ оказывать государствам-участникам, когда это целесообразно, необ- ходимую техническую помощь в разработке национальных планов действий по борьбе с торговлей людьми, включая меры содействия в законодательной и иных областях, направ- ленные на эффективное предотвращение и пресечение торговли людьми и защиту ее жертв.
8. Поручает институтам и органам ОБСЕ расширять регулярный обмен информацией, сбор данных и исследования вместе с соответствующими международными организациями.
9. Поручает БДИПЧ развивать далее его функции центра по обмену информацией, поддер- жанию контактов, распространению материалов и передового опыта, а также активизиро- вать его деятельность по проектам. (…)
Решение № 3/03:
План действий по улучшению положения рома и синти в регионе ОБСЕ
Совет министров,
будучи приверженным уважению прав человека и основных свобод для всех, без какого бы то ни было негативного различия, как то в отношении расы, цвета кожи, пола, языка, религии или убеждений, политических или иных взглядов, национального или социаль- ного происхождения, имущественного, сословного или иного положения,
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поддерживая принятие и применение всеобъемлющего антидискриминационного законо- дательства, обеспечивающего полное равенство возможностей для всех, признавая особые трудности, с которыми сталкиваются рома и синти, и необходимость принятия эффективных мер с целью искоренить дискриминацию против них и обеспечить равенство возможностей в соответствии с принятыми в ОБСЕ обязательствами, признавая достижение прогресса в области национального законодательства и программ действий, а также существенные усилия, предпринятые с этой целью государствами-у- частниками, сознавая в то же время, что для улучшения повсюду в регионе ОБСЕ положения населе- ния, принадлежащего к народностям рома и синти, по-прежнему необходимы решитель- ные действия, отмечая богатое культурное, языковое и историческое многообразие народностей рома и синти в регионе ОБСЕ, а также многообразие существующих в регионе ОБСЕ националь- ных структур и традиций, отмечая результаты состоявшихся в последнее время важных правительственных и непра- вительственных конференций и инициатив, касающихся рома и синти в Европе, включая, в частности, провозглашение «Десятилетия вовлечения цыган» и возможное создание Евро- пейского форума по делам цыган и странствующих лиц, будучи убежден, что рома и синти должны во все возрастающей степени принимать на себя ответственность за формирование адресованной им политики, постановляет одобрить План действий по улучшению положения рома и синти в регионе ОБСЕ, принятый Решением № 566 Постоянного совета от 27 ноября 2003 года и приводи- мый в Приложении к настоящему Решению.
Приложение к Решению № 3/03:
План действий по улучшению положения рома и синти в регионе ОБСЕ
I. Сфера применения и цели
1. План действий ставит целью наращивание государствами-участниками и соответствую- щими институтами и структурами ОБСЕ усилий с тем, чтобы дать рома и синти возмож- ность занимать полновесное и равноправное место в обществе в наших странах и искоренить дискриминацию по отношению к ним.
2. План действий опирается на совокупность международных и региональных норм в обла- сти прав человека, обязательств, действующих в рамках ОБСЕ, а также примеров наилуч- шей практики в тех странах разных частей Европы, где она применяется, и направлен на внедрение такой практики и в других странах. Особые меры, предусмотренные в Плане действий в интересах улучшения положения рома и синти, разработаны исходя из Меж- дународной конвенции о ликвидации всех форм расовой дискриминации*.
* Пункт 4 статьи 1 Конвенции гласит: «Принятие особых мер с исключительной целью обеспечения надлежащего прогресса некоторых расовых или этнических групп или отдельных лиц, нуждающихся в защите, которая может оказаться необходимой для того, чтобы обеспечить таким группам или лицам равное использование и осуществление прав человека и основных свобод, не рассматривается как расо- вая дискриминации при условии, однако, что такие меры не имеют своим последствием сохранение
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3. Как к государствам-участникам, так и к институтам ОБСЕ обращается призыв выполнять План действий. Общинам рома и синти в государствах-участниках предлагается использо- вать положения Плана действий и вносить активный вклад в работу по их осуществлению.
II. Общий контекст: в интересах народности рома, вместе с ними
4. В каждой из стран политика и стратегия должны: 1) откликаться на реальные проблемы, нужды и приоритеты общин рома и синти; 2) носить комплексный характер; 3) предусма- тривать сбалансированный и поддающийся систематическому применению подход, увязы- вающий правозащитные цели с социальной политикой; и 4) максимально повышать роль цыган в определении затрагивающей их политики. В то же время национальная политика или стратегия осуществления должна быть адаптирована к специфическим потребностям цыганского населения в конкретных условиях, сложившихся в государствах-участниках, и реализовываться с учетом этих потребностей. Кроме того, в стратегиях осуществления должны быть предусмотрены механизмы, обеспечивающие проведение в жизнь общего- сударственной политики на местном уровне.
5. Государствам-участникам и соответствующим институтам ОБСЕ следует руководство- ваться в своих усилиях тем принципом, что любая политика и стратегия осуществления должны разрабатываться и реализовываться при активном участии общин рома и синти. Безусловно, необходимо обеспечить реальное участие рома и синти в принятии любых реше- ний, влияющих на их жизнь. В разработке этих стратегий рома и синти должны участво- вать рука об руку с представителями местных, национальных и международных органов. Что не менее важно, цыганские общины должны выступать в качестве равноправных пар- тнеров и нести свою долю ответственности за повышение своего благосостояния.
6. При разработке и реализации любой политики и программ должно учитываться особое положение цыганских женщин. Там, где существуют совещательные и иные механизмы содействия участию рома и синти в таком процессе определения политики, женщины должны иметь возможность участвовать в этой работе наравне с мужчинами. Проблемы цыганских женщин должны систематически учитываться в любых соответствующих поли- тических решениях, касающихся всего населения.
III. Борьба с расизмом и дискриминацией
В целях противодействия предубеждению против рома и синти и эффективной выработки и реализации политики борьбы с дискриминацией и насилием на расовой почве рекомен- дуются следующие действия:
Законодательство и правоохранительная деятельность
Рекомендуемые действия государств-участников:
7. Рассмотреть вопрос о ратификации в возможно кратчайшие сроки – если этого еще не было сделано – соответствующих международных договоров, и в частности Международ- ной конвенции о ликвидации всех форм расовой дискриминации.
особых прав для различных расовых групп и что они не будут оставлены в силе по достижении тех целей, ради которых они были введены».
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8. Принять и применять эффективное антидискриминационное законодательство в целях борьбы с дискриминацией по расовому и этническому признаку во всех сферах, включая, в частности, доступ к жилью, вопросы гражданства и постоянного проживания, образо- вание, занятость, медицинское обслуживание и социальные услуги. Привлекать предста- вителей рома и синти к работе по концептуализации, реализации и оценке.
9. Антидискриминационное законодательство должно предусматривать: • запрет как прямой, так и косвенной расовой дискриминации; • введение эффективных и пропорциональных санкций, достаточных для предупрежде- ния актов или практики дискриминации; • применение более строгих мер наказания за преступления на расовой почве, совершае- мые как частными лицами, так и государственными чиновниками; • равный доступ к эффективной средствам правовой защиты (судебным или администра- тивным процедурам, процедурам примирения или посредничества).
10. Необходимо обеспечить, чтобы национальное законодательство запрещало любые акты дискриминации, а также чтобы все случаи предположительной дискриминации тщательно и объективно расследовались.
11. Создать в соответствующих случаях специализированные институты, обеспечиваю- щие применение такого законодательства, а также национальные механизмы наблюде- ния за ходом его применения и регулярного представления об этом докладов в условиях транспарентности. Побуждать представителей рома и синти к участию в работе таких орга- нов, которая должна быть доступной для общественности.
12. Разрабатывать там, где это необходимо, всеобъемлющие национальные стратегии или планы действий по улучшению положения рома и синти, включающие конкретные меры по противодействию дискриминации во всех областях жизни.
13. Регулярно оценивать – особенно на местном уровне – результаты осуществления таких стратегий и привлекать общины рома и синти к процессу оценки.
14. Стремиться путем поощрения подлинного диалога или консультаций либо иными соответствующими средствами к улучшению отношений между рома и синти и другими жителями, руководствуясь целью повышения толерантности, преодоления предубеждений и изжития негативных стереотипов с обеих сторон.
15. Документально регистрировать с соблюдением национальных и международных норм защиты данных все виды и соответствующие случаи дискриминации, с тем, чтобы иметь возможность лучше оценивать ситуацию и откликаться на нужды рома и синти.
16. Обеспечивать активное и эффективное расследование актов насилия в отношении рома и синти, особенно в случаях, когда имеются достаточные основания подозревать, что они совершены на расовой почве, и осуществлять судебное преследование виновных согласно национальному законодательству и при соблюдении соответствующих правоза- щитных норм.
17. Не допускать безнаказанности виновных в актах дискриминации или насилия, в част- ности, путем незамедлительного принятия полицией эффективных мер по расследованию и наказанию соответствующих лиц.
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18. Облегчать рома и синти доступ к правосудию с помощью таких мер, как правовая помощь и предоставление информации на цыганском языке.
19. При разработке всех мер и программ принимать во внимание положение цыганских женщин, которые зачастую становятся жертвами дискриминации, мотивированной и их этническим происхождением, и полом.
Рекомендуемые действия институтов и структур ОБСЕ:
20. БДИПЧ и, в соответствующих случаях, другие институты и структуры ОБСЕ, вклю- чая операции ОБСЕ на местах, будут оказывать государствам-участникам по их просьбе помощь в разработке антидискриминационного законодательства, а также в учреждении органов по борьбе с дискриминацией.
21. ВКНМ в рамках своего мандата будет и впредь следить за разработкой антидискрими- национного законодательства и по мере необходимости консультировать государства-у- частники и оказывать им содействие в этом вопросе.
22. БДИПЧ будет по запросу давать рекомендации о том, каким образом можно задей- ствовать существующие в государстве-участнике механизмы, такие, как бюро омбудсмена, комиссии по борьбе с дискриминацией, дисциплинарные комиссии полицейских ведомств и другие соответствующие органы, в целях ослабления напряженности между рома и синти и нецыганским населением.
23. БДИПЧ/контактный пункт по вопросам рома и синти (КПРС) будет содействовать улуч- шению отношений между неправительственными организациями (НПО) рома и синти и государствами-участниками.
24. БДИПЧ-КПРС будет выполнять функцию координационного центра в связи с реализа- цией инициатив, с которыми выступают государства-участники, и облегчать обмен инфор- мацией о наилучшей практике.
25. БДИПЧ-КПРС будет – в тесном взаимодействии с государствами-участниками, общи- нами рома и синти и, там, где это возможно, другими международными организациями и при полном уважении законов о защите личных данных – осуществлять сбор докумен- тации для целей разработки более адресной политики.
Полиция
Рекомендуемые действия государств-участников:
26. Разработать политику повышения осведомленности сотрудников правоохранительных органов о положении рома и синти и преодоления предубеждений и негативных стереотипов.
27. Разработать программы профессиональной подготовки, ориентированной на предотвра- щение чрезмерного применения силы, более глубокое понимание и уважение прав человека.
28. Разработать политику, призванную: 1) улучшить отношения между общинами рома и синти и полицией, с тем, чтобы предупредить жестокое обращение и насилие в отноше- нии рома и синти со стороны полиции; и 2) повысить веру в полицию и доверие к ней со стороны рома и синти.
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29. Разработать политику и процедуры, обеспечивающие принятие полицией эффектив- ных мер в ответ на насилие на расовой почве в отношении рома и синти.
30. Произвести – на основе консультаций с национальной полицией, НПО и представи- телями общин рома и синти – оценку расхождений между существующей национальной практикой и международными нормами в области полицейской деятельности.
31. Разработать – там, где это необходимо, и в тесном партнерстве с международными орга- низациями и цыганскими НПО – директивные установки, кодексы поведения, практиче- ские руководства и программы подготовки кадров.
32. Побуждать рома и синти к поступлению на работу в правоохранительные органы в каче- стве надежного средства повышения толерантности и разнообразия.
Рекомендуемые действия институтов и структур ОБСЕ:
33. Группа по стратегическим вопросам полицейской деятельности в составе Секретариата, а также БДИПЧ будут оказывать государствам-участникам помощь в разработке программ и мер укрепления доверия, например, в области работы полиции с населением, призван- ных улучшать отношения между рома и синти и полицией, особенно на местном уровне.
34. БДИПЧ-КПРС и Группа по стратегическим вопросам полицейской деятельности под- готовят в рамках своих соответствующих мандатов сборник «лучшей практики» полицей- ских органов в регионе ОБСЕ, посвященный полицейской деятельности применительно к общинам рома и синти.
35. ВКНМ, БДИПЧ-КПРС и Группа по стратегическим вопросам полицейской деятельно- сти будут оказывать государствам-участникам помощь в разработке кодексов поведения, призванных не допустить утверждения расовых стереотипов и улучшить межэтнические отношения.
Средства массовой информации
Рекомендуемые действия государств-участников:
36. Развернуть информационно-пропагандистские кампании, нацеленные на борьбу с пре- дубеждениями против рома и синти и преодоление связанных с ними негативных стере- отипов.
37. В целях содействия свободе выражения мнений поощрять профессиональную подго- товку журналистов-цыган и их прием на работу в органы массовой информации в целях расширения доступа рома и синти к средствам массовой информации.
38. Побуждать средства массовой информации освещать позитивные стороны жизни цыган и сбалансированно подавать соответствующие материалы, не допуская создания стерео- типных представлений о рома и синти и нагнетания напряженности между различными этническими группами. Организовывать в этих целях «круглые столы» с участием пред- ставителей средств массовой информации и рома и синти.
Рекомендуемые действия институтов и структур ОБСЕ:
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39. Во взаимодействии с БДИПЧ и соответствующими международными организаци- ями Представителю по вопросам свободы средств массовой информации (ПССМИ) сле- дует рассмотреть вопрос о возможном вкладе ОБСЕ в создание Европейского цыганского радио с вещанием на всю Европу. БДИПЧ и ПССМИ следует организовывать обществен- ные диспуты, кампании против дискриминации и совместные учебные программы с уча- стием работников средств массовой информации и для них.
40. ПССМИ следует рассмотреть вопрос об оказании содействия в проведении учебных семинаров для журналистов-цыган.
41. БДИПЧ-КПРС и ПССМИ будут организовывать «круглые столы» с участием журнали- стов, посвященные образу рома и синти в общественном сознании.
42. ВКНМ будет и далее разрабатывать и распространять адресованные директивным орга- нам руководства, касающиеся использования государственных вещательных компаний в поликультурном обществе – в частности, с целью усилить поддержку таких компаний, вещающих для меньшинств, в том числе для рома и синти, и расширить их доступ к сред- ствам массовой информации.
IV. Решение социально-экономических проблем
Необходимо предпринять действия, обеспечивающие рома и синти возможность пользо- ваться социально-экономическими правами наравне с другими. Для облегчения интегра- ции рома и синти в социально-экономическую жизнь общества и преодоления их изоляции и нищеты необходимы меры на низовом уровне, особенно предложенные самими цыган- скими объединениями. ОБСЕ и ее государства-участники должны и впредь поощрять такую интеграцию.
Жилье и условия жизни
Рекомендуемые действия государств-участников:
43. Создать механизмы и административно-правовые процедуры, призванные конкрети- зировать имущественные права, разрешить вопросы собственности и упорядочить пра- вовой статус рома и синти в тех случаях, когда вопрос о законности их проживания не урегулирован (например, поселения цыган в отсутствие прав на землю или поселения, не включенные в земельный план основного населенного пункта; не имеющие узаконенного жилищного статуса семьи и дома в поселениях, где соответствующие лица фактически про- живают уже десятки лет).
44. Привлекать рома и синти к определению жилищной политики, а также к реализации проектов по строительству, восстановлению и/или содержанию в должном порядке госу- дарственного жилья, осуществляемых в их интересах. Не допускать, чтобы жилищные про- екты способствовали этнической и/или расовой сегрегации.
45. Рассмотреть возможность предоставления гарантий по ссудам, которые могут быть полу- чены государствами-участниками от международных организаций и финансовых учреж- дений на нужды строительства жилья для малоимущих.
46. Поощрять кооперативное строительство жилья для цыганских общин и обеспечивать необходимое обучение содержанию таких объектов в должном порядке.
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Рекомендуемые действия институтов и структур ОБСЕ:
47. Представляется целесообразным, чтобы БДИПЧ-КПРС и Бюро Координатора деятель- ности ОБСЕ в области экономики и окружающей среды (БКДЭОС) взяли на себя более весомую роль в содействии получению информации и доступа к ресурсам, выделяемым иностранными донорами на конкретные проекты по социально-экономическому разви- тию цыганских общин, – особенно если они предложены объединениями рома и синти.
Безработица и экономические проблемы
Рекомендуемые действия государств-участников:
48. Содействовать увеличению числа обладающих должной квалификацией рома и синти среди работников государственного сектора.
49. Разработать учебные программы для подготовки слабо представленных групп населе- ния, таких, как рома и синти, к работе в местных органах государственного управления и в других сферах и политику поощрения найма на гражданскую службу выпускников этих программ.
50. Произвести переоценку результатов осуществления программ субсидированного тру- доустройства, уделяя особое внимание тем их компонентам, которые касаются образова- ния, с тем, чтобы обеспечить их направленность на повышение конкурентоспособности рома и синти на рынке труда.
51. Разработать политику и программы, в том числе в области профессионально-техни- ческого обучения, призванные повышать у рома и синти – особенно из числа молодежи и женщин – пользующиеся рыночным спросом профессиональные навыки и пригодность к трудоустройству.
52. Проводить социальную политику, нацеленную на увеличение стимулов к поиску работы, в качестве надежного способа избежания зависимости от социальных выплат.
Рекомендуемые действия институтов и структур ОБСЕ:
53. БКДЭОС совместно с соответствующими международными организациями будет по просьбе государств-участников вносить свой вклад в разработку подходов к преодолению преград и дискриминации, мешающих цыганам реализовать свой потенциал в экономи- ческой сфере.
54. По просьбе государств-участников БДИПЧ-КПРС и БКДЭОС будут оказывать помощь в развитии у рома и синти профессиональных навыков, необходимых для работы по найму и в качестве предпринимателей, путем организации в государствах-участниках программ профессиональной подготовки и переподготовки. Успешные проекты, особенно касаю- щиеся обучения предпринимательским навыкам и развития малых и средних предприя- тий (МСП) (например, программа семинаров для молодых предпринимателей), могли бы быть адаптированы к нуждам рома и синти. Кроме того, БКДЭОС могло бы содействовать их вовлечению в социально-экономическую жизнь, выступая в роли катализатора под- держки организациями и финансовыми учреждениями-партнерами программ микрокре- дитования, предусматривающих выделение малых ссуд на создание малых предприятий.
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55. БКДЭОС, действуя в тесном контакте и сотрудничестве с другими международными орга- низациями во избежание дублирования усилий, может помогать правительствам в оценке воздействия экономической политики и процессов на общины рома и синти (путем разра- ботки показателей для оценки осуществления/ эффективности политики).
56. БДИПЧ-КПРС и БКДЭОС будут использовать результаты работы ПРООН и других учреждений по изучению потребностей рома и синти в целях поддержки политики, учи- тывающей масштабы и характер их особых потребностей в каждом государстве-участнике.
57. Координируя свои действия с соответствующими международными организациями (в частности, ПРООН и Всемирным банком) БДИПЧ-КПРС и БКДЭОС рассмотрят способы расширения доступа рома и синти к обычным программам обучения. Могут быть орга- низованы семинары-практикумы или дискуссии за «круглым столом», ориентированные на потребности рома и синти, с целью информирования и просвещения членов их общин в том, что касается социально-экономических прав личности и прав предпринимателей.
Медицинское обслуживание
Рекомендуемые действия государств-участников:
58. Обеспечить рома и синти доступ к медицинскому обслуживанию на недискримина- ционной основе.
59. Повышать осведомленность медицинского персонала об особых нуждах цыганского населения.
60. Принять меры по преодолению высокой заболеваемости и недоедания в цыганских общинах.
61. Поощрять расширение доступа рома и синти к общим службам здравоохранения на раннем этапе путем: а) информирования рома и синти о наличии таких служб и о том, как воспользоваться их услугами; b) повышения доверия рома и синти к государственным медицинским учреждениям, в част- ности посредством наказания виновных в прямой или косвенной дискриминации по отно- шению к рома и синти; улучшения понимания работниками медицинских учреждений соответствующих аспектов цыганской культуры; и оказания поддержки посредникам, кото- рые могут играть важную роль в преодолении отчужденности между цыганскими общи- нами и учреждениями здравоохранения.
62. Уделять особое внимание здоровью женщин и девочек, в частности, путем: a) поддержки и/или разработки программ распространения информации по вопросам здравоохранения (включая питание, уход за новорожденными, бытовое насилие и т. п.); b) расширения доступа к гинекологической помощи, включая медицинскую помощь в предродовой период, при родах и после родов, в частности путем распространения инфор- мации и обучения.
63. Уделять особое внимание здоровью детей рома и синти путем предоставления соответ- ствующей педиатрической помощи, включая профилактические меры – такие, как добро- вольная вакцинация в цыганских поселениях.
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Рекомендуемые действия институтов и структур ОБСЕ:
64. БДИПЧ во взаимодействии с другими международными организациями и НПО будет использовать имеющиеся данные исследований для выявления социально-экономических, политических и культурных факторов, влияющих на состояние здоровья тех или иных цыганских общин, и будет консультировать государства-участники по вопросам реали- зации программ в области здравоохранения, направленных на удовлетворение выявлен- ных потребностей.
65. БДИПЧ-КПРС и, в соответствующих случаях, другие институты и структуры ОБСЕ, включая операции ОБСЕ на местах, будут оказывать содействие государствам-участни- кам, предпринимающим информационно-просветительские инициативы, которые должны помочь рома и синти в полной мере использовать обычные услуги медицинских учрежде- ний. Они будут, в частности, заниматься сбором, подготовкой и распространением соот- ветствующей информации о надлежащей практике.
66. БДИПЧ-КПРС будет уделять особое внимание обеспечению доступа рома и синти к про- граммам, нацеленным на предупреждение и/или лечение наркомании и наркотической зависимости, а также СПИД и связанных с ним заболеваний.
V. Улучшение доступа к образованию
Образование является одной из предпосылок участия рома и синти в политической и соци- ально-экономической жизни своих стран на равноправной с другими основе. Незамед- лительное принятие в этой области действенных мер, особенно способствующих лучшей посещаемости школьных занятий и направленных на борьбу с неграмотностью, должно рассматриваться в качестве одного из наивысших приоритетов как руководством, так и цыганскими общинами. Политика в области образования должна быть нацелена на инте- грацию рома и синти в общую систему образования путем предоставления полного и рав- ного доступа к нему на всех уровнях при сохранении внимания к культурной специфике.
Рекомендуемые действия государств-участников:
67. Обеспечить, чтобы национальное законодательство включало надлежащие положения о запрете расовой сегрегации и дискриминации в области образования и предусматривало эффективные меры правовой защиты при нарушениях такого законодательства.
68. Консультироваться с представителями рома и синти при выработке затрагивающей их политики в области образования.
69. Активно способствовать предоставлению детям рома и синти равных возможностей в области образования, особенно путем оказания им языковой или иной помощи.
70. Принимать особые меры к повышению качества и эффективности образования для детей рома и синти. Поощрять более широкую представленность рома и синти в препода- вательском составе школ.
71. Включать в учебные пособия материалы по истории и культуре цыган, уделяя особое внимание судьбе рома и синти в период Холокоста.
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72. Рассмотреть вопрос о принятии мер, обеспечивающих организацию преподавания, уважение, защиту и распространение цыганского языка, а также цыганской культуры как неотъемлемой части культурного наследия рома и синти.
73. Разрабатывать и осуществлять всеобъемлющие программы десегрегации в школах, направленные на: 1) прекращение практики систематического направления цыганских детей в специальные школы или классы (например, в школы для умственно отсталых, в школы и классы, предназначенные исключительно для детей рома и синти); и 2) перевод цыган- ских детей из специальных школ в общие.
74. Выделять средства для финансирования перевода цыганских детей в общую систему образования и разработки программ школьной поддержки, призванных облегчить такой переход в общую систему образования.
75. Облегчать цыганским детям доступ в общую систему образования путем принятия таких мер, как: a) меры по искоренению в школах случаев проявления предрассудков в отношении рома и синти; b) подготовка педагогических кадров в области поликультурного образования и работы с этнически неоднородными классами; c) разработка стратегии обеспечения более широкой поддержки местной общественностью мер по десегрегации школ; d) оказание поддержки усилиям по преодолению разрыва между детьми рома и синти и дру- гими учениками, в том числе путем осуществления программ для дошкольников, рассчи- танных на подготовку детей рома и синти к поступлению в начальную школу; e) оказание поддержки в целях увеличения числа посредников/воспитателей и учителей из числа членов цыганских общин.
76. Разрабатывать и реализовывать учебные программы антирасистской направленно- сти для школ, а также кампании по борьбе с расизмом для средств массовой информации.
77. Выработать политику противодействия всему комплексу факторов, способствующих низкой посещаемости школьных занятий детьми рома и синти. Это, в частности, включает обеспечение семей рома и синти необходимой документацией, позволяющей им регистри- роваться наравне со всеми другими жителями.
78. Рассмотреть вопрос о выработке программ социальной поддержки малообеспеченных цыганских семей, имеющих детей школьного возраста.
79. Поощрять регулярное посещение детьми рома и синти школьных занятий и, в частно- сти, вовлекать в это дело членов семей и социальных посредников, содействуя осознанию родителями из числа рома и синти и цыганскими старейшинами своей ответственности за создание условий для посещения детьми школьных занятий и особенно за предоставле- ние девочкам равного доступа к образованию.
80. Уделять особое внимание обеспечению цыганским девочкам равных возможностей для получения образования и приобщения к социальной жизни и разрабатывать программы по снижению процента бросающих учебу, который среди них особенно высок.
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81. Рассмотреть вопрос о разработке соответствующих программ для не закончивших начальную школу и неграмотных.
82. Разрабатывать, там где это необходимо, программы предоставления стипендий студен- там-цыганам и поощрять их более широкое участие в существующих программах предо- ставления стипендий.
83. Способствовать повышению компьютерной грамотности среди рома и синти путем соз- дания информационных веб-сайтов.
84. Проводить периодическую оценку эффективности политики в области образования.
Рекомендуемые действия институтов и структур ОБСЕ:
85. ВКНМ будет побуждать государства-участники к выполнению их обязательств, касаю- щихся обеспечения всем членам общества свободного и равного доступа к государствен- ному образованию, а также будет побуждать их принимать меры по улучшению положения рома и синти в этом плане.
86. ВКНМ будет продолжать формулировать руководящие принципы, касающиеся моде- лей образования, содержания учебных программ, обучения родным языкам и преподава- ния на этих языках, включая цыганский язык.
VI. Расширение участия в общественно-политической жизни
Рома и синти сталкиваются с особыми трудностями, когда речь заходит об их участии в общественной, и особенно политической, жизни своих стран. Низкий уровень образова- ния, а в некоторых случаях и дискриминационное отношение к ним, весьма способствуют недопредставленности рома и синти на всех уровнях государственного управления. Рома и синти имеют равное право на участие в делах общества. Это включает право избирать и быть избранным, право участвовать в общественных делах и создавать политические партии без какой-либо дискриминации. Следует поощрять предпринимаемые в послед- ние годы усилия по активизации участия цыган в политике, особенно те, которые исходят от самих цыганских объединений.
Рекомендуемые действия государств-участников:
87. Государства-участники должны проявлять инициативу в обеспечении того, чтобы у рома и синти, как и у всех других жителей, имелись все необходимые документы, включая сви- детельства о рождении, удостоверения личности и полисы медицинского страхования. Проблемы, связанные с отсутствием основных документов, государствам-участникам насто- ятельно рекомендуется решать на основе партнерского взаимодействия с общественными организациями рома и синти.
88. Желательно, чтобы государства-участники принимали во внимание следующие основ- ные предпосылки обеспечения эффективного участия рома и синти в общественно-поли- тической жизни: • вовлечение на раннем этапе: любая инициатива, касающаяся рома и синти, должна пред- усматривать их как можно раннее вовлечение в нее на этапах разработки, осуществле- ния и оценки;
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• всеобщий охват: рома и синти должны быть охвачены формальными процессами кон- сультаций, причем эффективность механизмов, созданных для их участия в выработке важнейших политических инициатив, должна обеспечиваться за счет их вовлечения в процесс, характеризующийся широкой представительностью; • транспарентность: программы и предложения должны распространяться за достаточно долгое время до наступления сроков принятия решений, с тем, чтобы представители общин рома и синти могли подвергнуть их содержательному анализу и внести в них свой вклад; • реальное участие рома и синти в государственном управлении на всех уровнях: участие рома и синти в местных органах государственного управления совершенно необходимо для эффективного осуществления затрагивающей их политики; • собственная ответственность: рома и синти играют важнейшую и незаменимую роль в обеспечении практического соблюдения их права на участие в политическом процессе.
89. Выборные должностные лица должны устанавливать тесные рабочие контакты с общи- нами рома и синти.
90. Создавать механизмы для обеспечения равноправного, прямого и открытого диалога между представителями рома и синти и государственными властями, включая совещатель- ные и консультативные органы.
91. Облегчать взаимодействие между политическими лидерами местного и национального уровня и различными цыганскими объединениями.
92. Организовывать кампании по повышению осведомленности о выборах в целях расши- рения участия в них цыганского электората. 93. Обеспечить избирателям-цыганам возмож- ность делать свободный и информированный выбор.
94. Принимать меры, гарантирующие женщинам равное право голоса, в том числе обеспе- чивая соблюдение запретов на так называемое «семейное голосование».
95. Поощрять рома и синти к более активному участию в работе государственных и обще- ственных служб, включая, при необходимости, специальные меры, способствующие их привлечению на работу в государственный аппарат.
96. Поощрять представительство рома и синти на выборных должностях и постах, замеща- емых путем назначения, на всех уровнях государственного управления.
97. Повышать гражданский потенциал рома и синти и вовлекать их в процессы принятия решений государственного и местного уровня в качестве выборных представителей своих общин и граждан своих стран.
98. Способствовать участию цыганских женщин в общественно-политической жизни; цыганские женщины должны иметь возможность наравне с мужчинами участвовать в кон- сультативных и иных механизмах, призванных расширять доступ ко всем сферам обще- ственно-политической жизни.
Рекомендуемые действия институтов и структур ОБСЕ:
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99. БДИПЧ и, где это целесообразно, другие институты и структуры ОБСЕ, включая опера- ции ОБСЕ на местах, будут разрабатывать программы, направленные на обеспечение реги- страции, которая необходима для полноправного участия в политической деятельности.
100. БДИПЧ-КПРС должен оказывать помощь в организации подготовки кадров для цыган- ских НПО, а также самими этими НПО, включая организации СМИ, в интересах цыганских общин в целом по тематике, касающейся демократических процессов и участия граждан.
101. БДИПЧ, а также, где это целесообразно, другие институты и структуры ОБСЕ, вклю- чая операции ОБСЕ на местах, будут разрабатывать и осуществлять просветительские про- граммы для электората и программы регистрации избирателей.
102. БДИПЧ будет выступать в роли катализатора обмена информацией и передовым опы- том между государствами-участниками и с другими международными организациями.
103. БДИПЧ будет продолжать и укреплять практику изучения участия цыган в голосова- нии и избирательных процессах, а также будет продолжать практику включения экспер- тов-цыган в состав своих миссий по наблюдению в регионе ОБСЕ.
104. ВКНМ в рамках своего мандата будет продолжать консультировать государства отно- сительно соответствующих путей и средств содействия участию рома и синти во всех сфе- рах общественной жизни.
105. БДИПЧ-КПРС, а также, в соответствующих случаях, другие институты и структуры ОБСЕ, включая операции ОБСЕ на местах, будут разрабатывать программы, поощряющие выдвижение кандидатур рома и синти в выборные органы, либо будут находить нестан- дартные подходы, обеспечивающие участие представителей рома и синти в процессах при- нятия подходы на национальном и местном уровне.
106. БДИПЧ будет уделять особое внимание деятельности, направленной на расширение доступа цыганских женщин ко всем сферам общественно-политической жизни.
VII. Рома и синти в кризисных и послекризисных ситуациях
Государства-участники несут обязательство обеспечивать, чтобы даже в кризисных и после- кризисных ситуациях все основные права, включая права беженцев, вытекающие из соот- ветствующих международно-правовых документов, и в частности из Конвенции 1951 года о статусе беженцев и Протокола 1967 года к ней, гарантировались без дискриминации. Они принимают во внимание Руководящие принципы ООН касательно внутреннего перемеще- ния в качестве полезной основы для работы ОБСЕ и для их усилий по решению проблем внутреннего перемещения.
Рекомендуемые действия государств-участников:
107. Консультироваться с цыганским населением при определении кризисных ситуаций в целях облегчения надлежащих процедур и выявления конкретных географических рай- онов, из которых имеет место отток беженцев и внутренне перемещенных лиц, а также в целях учета специфического положения рома и синти.
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108. Обеспечивать, чтобы цыганское население, подвергшееся вынужденному перемеще- нию (беженцы и ВПЛ), должным образом регистрировалось и чтобы ему выдавались соот- ветствующие документы.
109. Государства-участники должны обеспечивать наличие программ, облегчающих бежен- цам и ВПЛ из числа рома и синти обоснованный выбор долгосрочного решения по поводу своего будущего, включая осуществление их права на безопасное, достойное и устойчивое возвращение. Такие программы должны обеспечивать предоставление конкретной инфор- мации по каждому вопросу, имеющему значение для беженцев и ВПЛ, которая должна пред- лагаться на соответствующих языках.
110. Обеспечить, чтобы обращение с беженцами из числа рома и синти отвечало соответ- ствующим международным нормам и стандартам защиты и носило недискриминацион- ный характер.
111. Использовать функции БДИПЧ по предотвращению конфликтов и выявлению обла- стей, требующих вмешательства на раннем этапе, опираясь при этом на опыт ВКНМ ОБСЕ.
112. Уделять особое внимание потребностям цыганских женщин и детей в кризисных и послекризисных ситуациях, в первую очередь предоставляя им доступ к медицинскому обслуживанию, возможность получения жилья и школьного обучения.
Рекомендуемые действия институтов и структур ОБСЕ:
113. БДИПЧ будет использовать свои специфические функции в вопросах предотвраще- ния конфликтов и выявления потенциально кризисных областей, требующих вмешатель- ства на раннем этапе.
114. В соответствии со своим мандатом БДИПЧ-КПРС призван эффективно реагировать на кризисные ситуации, в том числе путем сотрудничества с правительствами соответствую- щих стран, межправительственными органами и международными организациями, в част- ности с УВКБ ООН, в целях защиты подвергающихся риску цыганских общин.
115. БДИПЧ-КПРС будет повышать осведомленность государственных должностных лиц, журналистов и других сторон о положении рома и синти в районах кризисов или кон- фликтов.
116. БДИПЧ будет проявлять инициативу в деле анализа мер, предпринимаемых государства- ми-участниками в отношении рома и синти, и предлагать свои рекомендации в интересах более успешного преодоления элементов напряженности в конкретных местных условиях, которые, если этого не предотвратить, могут перерасти в ситуации открытого конфликта.
117. ВКНМ будет продолжать осуществлять свой мандат по предотвращению конфликтов на возможно более раннем этапе.
VIII. Углубление сотрудничества и координации действий с другими международными организациями и НПО
Учитывая повышенное внимание, уделяемое различными международными организациями вопросам, касающимся рома и синти, для предотвращения дублирования усилий необхо- димы координация и сотрудничество. Для обеспечения эффективного выполнения Плана
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действий ОБСЕ, и в частности БДИПЧ, будет тесно сотрудничать с международными орга- низациями и неправительственными организациями.
118. БДИПЧ-КПРС будет и впредь активно участвовать в неофициальной контактной группе представителей межправительственных организаций по делам народности рома*.
119. Укрепление этого неофициального органа и повышение его потенциала будут осущест- вляться по договоренности и в сотрудничестве со всеми соответствующими партнерами, особенно за счет включения в его состав представителей государств-участников ОБСЕ. В интересах достижения этой цели будет рассмотрен вопрос о проведении регулярных встреч неофициальной контактной группы на уровне экспертов или, когда это будет сочтено необ- ходимым, на более высоком уровне.
120. Неофициальной контактной группе следует определить общие ориентиры и приори- теты, а также обеспечивать лучшую координацию и взаимодействие во избежание дубли- рования усилий.
121. БДИПЧ-КПРС будет стремиться к консолидации «Международной контактной группы по делам народности ромໆ и будет вносить дальнейший вклад в инициативу Совета Европы, касающуюся возможного создания Европейского форума по делам цыган и стран- ствующих лиц.
122. БДИПЧ-КПРС будет предоставлять информацию и координационные услуги соот- ветствующим национальным и международным институтам и будет облегчать их диалог между собой и с цыганскими НПО.
123. БДИПЧ-КПРС будет стремиться развивать отношения с организациями рома и синти и помогать им координировать свои усилия и ресурсы как внутри отдельных государств, так и на трансграничном уровне и в полной мере использовать возможности, которые открывает уже проводимая национальная и международная политика, затрагивающая рома и синти.
124. БДИПЧ-КПРС будет опираться на опыт и вклад существующих проектов в области мониторинга, разработанных другими международными организациями.
IX. Контактный пункт БДИПЧ по вопросам рома и синти
125. При необходимости БДИПЧ-КПРС будет облегчать обмен информацией между госу- дарствами-участниками ОБСЕ, разработавшими или стремящимися улучшить государ- ственную политику в отношении рома и синти.
126. По соответствующим запросам БДИПЧ-КПРС будет консультировать государства-у- частники относительно будущей политики в отношении рома и синти и будет стимулиро- вать дискуссии между правительствами и цыганскими НПО.
127. БДИПЧ-КПРС будет поддерживать усилия по повышению потенциала цыганских НПО.
* В неофициальной контактной группе представителей межправительственных организаций по делам народности рома участвуют ОБСЕ/БДИПЧ, Совет Европы, Европейская комиссия и Европейский союз. † Международная контактная группа по делам народности рома была учреждена в октябре 2000 года по инициативе контактного пункта БДИПЧ по вопросам рома и синти. В Контактную группу входят представители Международного союза рома, Национального конгресса рома, выборные представители народности рома, эксперты-цыгане и БДИПЧ-КПРС.
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128. БДИПЧ-КПРС создаст базу данных о лучшей практике, имеющейся в государствах-у- частниках ОБСЕ.
129. БДИПЧ-КПРС следует проявлять инициативу в том, что касается анализа мер, пред- принимаемых государствами-участниками, а также конкретных ситуаций и инцидентов, затрагивающих рома и синти. В этих целях КПРС будет устанавливать и развивать пря- мые контакты с государствами-участниками и предлагать им рекомендации и заключения.
130. Правительства соответствующих стран будут сотрудничать с БДИПЧ-КПРС в нахож- дении эффективных решений в кризисных ситуациях.
131. БДИПЧ-КПРС будет предоставлять общинам рома и синти дополнительную инфор- мацию о ресурсах и деятельности ОБСЕ.
132. Во взаимодействии с соответствующими институтами и структурами ОБСЕ БДИПЧ будет разрабатывать соответствующие меры, направленные на устранение первопричин торговли людьми, особенно детьми, и повышать среди цыганского населения осведомлен- ность о ее последствиях.
X. Выполнение: обзор и оценка
133. Выполнение положений Плана действий будет рассматриваться на совещаниях по рас- смотрению выполнения, посвященных человеческому измерению, на конференциях по обзору и других соответствующих мероприятиях по человеческому измерению.
134. Основываясь на итогах вышеупомянутых совещаний, а также на результатах работы консолидированной неофициальной контактной группы представителей межправитель- ственных организаций по делам народности рома и Международной контактной группы по делам народности рома, Директор БДИПЧ будет представлять доклады Постоянному совету, который может рекомендовать государствам-участникам и институтам ОБСЕ при- оритеты в области сотрудничества и координации действий.
135. Постоянный совет будет периодически организовывать неофициальные брифинги кон- тактного пункта по вопросам рома и синти по тематике, охватываемой настоящим Пла- ном действий, в целях оценки полученного на национальном и местном уровне эффекта от предусмотренных в нем мер.
136. В целях облегчения процесса обзора выполнения приветствуются представление госу- дарствами-участниками ОБСЕ в ходе совещаний по рассмотрению выполнения, посвящен- ных человеческому измерению, перед конференциями по обзору, а также на заседаниях Постоянного совета – в зависимости от того, что целесообразно, – информации о недавних событиях, влияющих на положение рома и синти, и/или о мерах, принятых в духе насто- ящего Плана действий.
137. Все соответствующие институты и структуры ОБСЕ, включая операции ОБСЕ на местах, будут продолжать тесно взаимодействовать с государствами-участниками в целях оказа- ния им помощи в выполнении Плана действий.
138. БДИПЧ-КПРС распространит информацию о настоящем Плане среди цыганского насе- ления и организаций рома и синти, а также направит ее другим международным органи- зациям.
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139. С тем, чтобы БДИПЧ-КПРС мог выполнять задачи, возложенные на него настоящим Планом действий, Постоянный совет ОБСЕ рассмотрит вопрос об обеспечении надлежа- щих людских и финансовых ресурсов. Подробности будут проработаны Консультативным комитетом по управлению и финансам и представлены Постоянному совету.
Решение № 4/03:
Толерантность и недискриминация
Совет министров, признавая, что уважение прав человека и основных свобод, демократия и верховенство закона составляют основу основ принятой в ОБСЕ всеобъемлющей кон- цепции безопасности,
ссылаясь на свои обязательства в области человеческого измерения, зафиксированные в хельсинкском Заключительном акте, Парижской хартии для новой Европы, Хартии евро- пейской безопасности (Стамбульская встреча на высшем уровне, 1999 год) и во всех других соответствующих документах и решениях ОБСЕ,
ссылаясь на принятое 7 декабря 2002 года десятой встречей Совета министров в Порту Решение № 6 о толерантности и недискриминации,
вновь подтверждая свое обязательство способствовать толерантности и бороться с дис- криминацией, а также свою озабоченность всеми проявлениями агрессивного национа- лизма, расизма, шовинизма, ксенофобии, антисемитизма и сопровождающегося насилием экстремизма во всех государствах-участниках, равно как и дискриминацией, в частности, по признаку расы, цвета кожи, пола , языка, религии или убеждений, политических или иных взглядов, национального или социального происхождения, имущественного, сослов- ного или иного положения,
настоятельно призывая соответствующие органы власти во всех государствах-участни- ках продолжать выступать на соответствующем уровне и надлежащим образом с публич- ным осуждением актов насилия, совершенных на почве дискриминации и нетерпимости,
утверждая приверженность наращиванию своих усилий по содействию толерантности и недискриминации во всех областях,
приветствуя работу, проделанную ОБСЕ в 2003 году,
1. Обязуется поощрять выполнение Плана действий по улучшению положения рома и синти в регионе ОБСЕ;
2. Постановляет наращивать усилия, предпринимаемые для расширения участия и повы- шения роли женщин в содействии демократизации и экономическому развитию и рассма- тривать там, где это применимо, вопрос об учете в государственной политике положений Плана действий ОБСЕ по гендерным вопросам. Постановляет также наращивать свои усилия по достижению в ОБСЕ гендерного баланса на всех уровнях, полностью принимая в связи с этим во внимание также принцип найма на работу сотрудников из всех государств-участ- ников на справедливой основе. Вновь подтверждает, что ОБСЕ приветствует выдвижение женщинами своих кандидатур на должности в ОБСЕ;
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3. Постановляет продолжить работу, начатую на Конференции ОБСЕ по антисемитизму, состоявшейся в Вене 19–20 июня 2003 года, и приветствует предложение Германии прове- сти вторую конференцию ОБСЕ на эту тему в Берлине 28–29 апреля 2004 года;
4. Постановляет продолжить работу, начатую на Конференции ОБСЕ по расизму, ксенофобии и дискриминации, состоявшейся в Вене 4–5 сентября 2003 года, и приветствует предложе- ние Бельгии провести вторую конференцию ОБСЕ на эту тему в Брюсселе осенью 2004 года;
5. Поручает Постоянному совету провести в дополнение к двум вышеупомянутым кон- ференциям дальнейшее обсуждение путей и способов расширения усилий ОБСЕ и госу- дарств-участников по содействию толерантности и недискриминации во всех областях;
6. Побуждает все государства-участники собирать и хранить надежную информацию и ста- тистические данные о преступлениях на почве ненависти, включая формы воинствующего проявления расизма, ксенофобии, дискриминации и антисемитизма, как это обсуждалось и было рекомендовано в ходе вышеупомянутых конференций. Признавая важное значение законодательства для борьбы с преступлениями на почве ненависти, государства-участники будут информировать БДИПЧ об имеющемся законодательстве относительно преступле- ний, мотивированных нетерпимостью и дискриминацией, и в соответствующих случаях обращаться к БДИПЧ за помощью в разработке и пересмотре такого законодательства;
7. Поручает БДИПЧ на основе всестороннего сотрудничества, в частности, с Комитетом Организации Объединенных Наций по ликвидации расовой дискриминации (ЮНСЕРД), Европейской комиссией по борьбе против расизма и нетерпимости (ЭКРН) и Европейским мониторинговым центром по вопросам расизма и ксенофобии (ЕКЦРК), а также с соответ- ствующими НПО выполнять функции центра по сбору информации и статистики, накапли- ваемых государствами-участниками, и регулярно представлять по этим вопросам доклады, в том числе используя формат Совещания по рассмотрению выполнения, посвященного человеческому измерению, в качестве основы для определения первоочередных задач даль- нейшей работы. БДИПЧ будет, в частности, способствовать внедрению наилучшей прак- тики и распространять информацию об уроках борьбы с нетерпимостью и дискриминацией;
8. Признает необходимость бороться с преступлениями на почве ненависти, к которым может подталкивать пропаганда расизма, ксенофобии и антисемитизма в Интернете. Мы приветствуем предложение Франции провести в Париже в 2004 году ориентированное на перспективу мероприятие, в духе полного уважения прав на свободу информации и сво- боду выражения мнений, на тему о связи между пропагандой в Интернете и преступлени- ями на почве ненависти;
9. Заявляет о важности свободы мысли, совести, религии и убеждений и осуждает любую дискриминацию и насилие, в том числе против любых религиозных групп или отдельных верующих. Обязуется обеспечивать и поощрять свободу личности исповедовать и прак- тиковать, единолично или совместно с другими, религию или веру – при необходимости посредством транспарантных и недискриминационных законов, правил, практики и поли- тики. Рекомендует государствам-участникам обращаться за помощью к БДИПЧ и его группе экспертов по вопросам свободы религии и убеждений. Подчеркивает важность продолже- ния и укрепления межконфессионального и межкультурного диалога в интересах большей толерантности, взаимного уважения и взаимопонимания;
10. Обеспечивает дальнейшее продвижение в деле выполнения обязательств ОБСЕ, каса- ющихся национальных меньшинств, и признает важность рекомендаций Верховного
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комиссара по делам национальных меньшинств, касающихся образования, вовлечения общественности и вопросов языка, включая его использование на радио и телевидении, а также соответствующих рекомендаций Представителя по вопросам свободы средств мас- совой информации в этой области;
11. Принимает обязательство бороться с дискриминацией против рабочих-мигрантов. Обязуется также облегчать социальную интеграцию рабочих-мигрантов в тех странах, где они законно проживают. Призывает БДИПЧ укреплять свою деятельность в этой области;
12. Обязуется в этой связи, при соблюдении национального законодательства и международ- ных обязательств, вести борьбу с дискриминацией лиц, ищущих убежища, а также беженцев, там, где она существует, и призывает БДИПЧ укреплять свою деятельность в этой области;
13. Принимает во внимание Руководящие принципы ООН касательно внутреннего пере- мещения как полезную основу для работы ОБСЕ и усилий государств-участников по реше- нию проблем внутреннего перемещения;
14. Постановляет, что ОБСЕ, занимаясь вопросами, о которых говорится в настоящем доку- менте, будет наращивать свои усилия, ориентированные на молодежь, с тем, чтобы вос- питывать у нее понимание необходимости проявлять толерантность. Особого внимания заслуживает пропаганда прав человека;
15. Постановляет активизировать сотрудничество ОБСЕ с соответствующими междуна- родными организациями, такими, как Организация Объединенных Наций, Совет Европы и Европейский союз, а также с гражданским обществом и соответствующими неправи- тельственными организациями в целях утверждения толерантности и недискриминации;
16. Поручает Постоянному совету, БДИПЧ, ВКНМ и ПССМИ в тесном сотрудничестве с Действующим председательством обеспечивать эффективные меры во исполнение соот- ветствующих положений настоящего Решения и просит Постоянный совет рассмотреть вопрос о порядке организации и финансирования выполнения этого Решения.
Решение № 5/03:
Выборы
Совет министров,
вновь подтверждая положения Документа Копенгагенского совещания Конференции по человеческому измерению СБСЕ (1990 год),
отмечая, что эти обязательства были дополнены соответствующими положениями Декла- рации Лиссабонской встречи на высшем уровне (1996 год) и Декларации Стамбульской встречи на высшем уровне (1999 год),
вновь подтверждая свою решимость выполнять эти обязательства, ссылаясь на Решение № 7, принятое на десятой встрече Совета министров ОБСЕ в Порту в 2002 году,
признавая, что демократические выборы могут проводиться в рамках целого ряда различ- ных избирательных систем и законов,
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отмечая экспертный потенциал БДИПЧ в области оказания государствам-участникам помощи в выполнении связанных с выборами обязательств и норм,
приветствуя продолжающееся эффективное сотрудничество между БДИПЧ и Парламент- ской ассамблеей ОБСЕ в области наблюдения за выборами,
приветствуя документ «Существующие обязательства относительно демократических выбо- ров в государствах-участниках ОБСЕ: доклад о ходе работы» (ODIHR. GAL/39/03), подго- товленный БДИПЧ и представленный государствам-участникам в июне этого года,
признавая, в частности, необходимость доверия электората ко всему процессу в целом, транспарентности избирательных процедур и подотчетности органов, занимающихся про- ведением выборов, призывает государства-участники и впредь углублять свое сотрудни- чество с БДИПЧ в этой области,
поручает БДИПЧ рассмотреть пути повышения эффективности своего содействия госу- дарствам-участникам в принятии мер по рекомендациям, сформулированным в докладах БДИПЧ о наблюдении за выборами, и информировать Постоянный совет о ходе выполне- ния этой задачи;
поручает Постоянному совету, используя экспертный потенциал БДИПЧ, рассмотреть вопрос о необходимости дополнительных обязательств в области выборов в добавление к уже существующим и доложить об этом следующей встрече Совета министров.
Решение № 6/03:
Положение о контртеррористической сети ОБСЕ
Совет министров,
признавая необходимость улучшить координацию контртеррористических мер, а также передачу информации между государствами-участниками ОБСЕ и в их столицах,
ссылаясь на Решение № 1 (MC(10).DEC/1 от 7 декабря 2002 года) десятой встречи Совета министров о выполнении принятых в ОБСЕ обязательств и осуществлении ее деятельно- сти по борьбе с терроризмом,
постановляет создать Контртеррористическую сеть (КТС) ОБСЕ в соответствии с Положе- нием об этой сети, приведенным в приложении к настоящему Решению.
Приложение к Решению № 6/03:
Положение о контртеррористической сети ОБСЕ
Главной задачей Контртеррористической сети (КТС) ОБСЕ является содействие улучше- нию координации контртеррористических мер и передачи информации между государ- ствами-участниками ОБСЕ. В частности, она призвана укрепить связь между делегациями государств-участников, должностными лицами, ответственными за контртеррористиче- скую деятельность в столицах государств, и Антитеррористическим подразделением (АТП)
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ОБСЕ*. Сеть облегчает своевременный обмен информацией о программах борьбы с терро- ризмом, подготовке кадров и изменениях в правовой сфере, осуществляемых по инициа- тиве ОБСЕ и государств-участников, а также анализ полученной из открытых источников информации о тенденциях в области терроризма. Основное внимание будет уделяться поддержке и дополнению работы Контртеррористического комитета Совета Безопасно- сти Организации Объединенных Наций по выполнению резолюции 1373 Совета Безопас- ности. КТС не предназначена в качестве канала для передачи разведывательной или иной чувствительной информации, а также не претендует на то, чтобы дублировать функции других международных и региональных правоохранительных сетей.
Каждое правительство назначит основного ответственного за поддержание связи, кото- рый будет через делегацию своего государства в ОБСЕ выполнять функции основного контактного лица при взаимодействии с АТП по вопросам борьбы с терроризмом. Основ- ной ответственный за поддержание связи будет обеспечивать передачу поступающих от АТП сообщений соответствующим государственным органам в столице данного государ- ства и аналогичное своевременное информирование АТП и делегаций о соответствую- щих событиях в данном государстве-участнике. В интересах координации сообщения по каналам Контртеррористической сети, направляемые АТП основному ответственному за поддержание связи и наоборот, будут, как правило, передаваться через делегацию соответ- ствующего государства в ОБСЕ.
Обязанности АТП
1. Информировать государства-участники о возможности проведения двусторонних, а также многосторонних мероприятий по подготовке кадров в связи с вопросами борьбы с терроризмом и взаимодействовать с основными ответственными за поддержание связи в целях полного использования возможностей, предоставляемых такими программами.
2. Координировать и облегчать контртеррористическую деятельность ОБСЕ, включая программы помощи в наращивании потенциала, семинары-практикумы по подготовке персонала и повышению готовности к чрезвычайным ситуациям, в целях эффективного использования ресурсов и во избежание дублирования.
3. Своевременно реагировать на информацию и просьбы о принятии мер, поступающие от основных ответственных за поддержание связи.
4. Обеспечивать, чтобы основные ответственные за поддержание связи полностью инфор- мировались через делегации о событиях, связанных с существенными вопросами борьбы с терроризмом, затрагивающими регион ОБСЕ, посредством регулярного распростране- ния по электронной почте информационного бюллетеня АТП и регулярного обновления веб-страницы АТП ОБСЕ.
5. Обеспечивать через соответствующую делегацию координацию действий с основным лицом, ответственным за поддержание связи, при поездке кого либо из должностных лиц
* Контртеррористический комитет Организации Объединенных Наций поддерживает формирование таких региональных сетей в целях усиления сотрудничества и координации. Секретариатом Межаме- риканского комитета по борьбе с терроризмом (МКБТ) в рамках Организации американских государств уже создана региональная сеть национальных контактных пунктов, охватывающая западное полуша- рие. АТП с признательностью отмечает консультации и содействие, полученные от МКБТ в процессе создания Контртеррористической сети ОБСЕ.
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АТП ОБСЕ в то или иное государство-участник в связи с вопросами, касающимися тер- роризма.
Обязанности основных ответственных за поддержание связи
1. Обеспечивать доведение сообщений АТП до соответствующих государственных учреж- дений, а также своевременную передачу ответов, адресованных АТП.
2. Предоставлять АТП информацию о существенных событиях в стране, связанных с мерами по борьбе с терроризмом, включая принятие нового контртеррористического законодатель- ства*, подготовку кадров и программы помощи в области борьбы с терроризмом и примеры имеющейся в странах «наилучшей практики».
3. Сообщать информацию о семинарах, практикумах и конференциях, имеющих отноше- ние к проблемам борьбы с терроризмом, которые могут проводиться государствами-участ- никами и которые открыты для участия внешних сторон.
4. Выступать в роли основного координатора при проведении семинаров, практикумов и конференций ОБСЕ на темы борьбы с терроризмом, в которых принимает участие назна- чившее данного основного ответственного государство-участник.
5. Выполнять от имени соответствующего государства-участника задачи координации, определения приоритетности и информирования в связи с его потребностями и запро- сами, касающиеся профессиональной подготовки и помощи в области борьбы с террориз- мом, по которым ОБСЕ могла бы оказать поддержку или содействие.
Средства поддержания связи и оказания поддержки
АТП будет, когда это возможно и целесообразно, использовать технологии на базе Интер- нета в целях сообщения с основными ответственными за поддержание связи и другими участниками КТС, для чего чаще всего будет использоваться электронная почта. Тем не менее основным ответственным за поддержание связи рекомендуется регулярно посещать веб-сайты ОБСЕ и КТК. По мере необходимости АТП будет рекомендовать государствам-у- частникам проводить совещания основных ответственных за поддержание связи, которые будут созываться – с санкции Постоянного совета и при наличии финансирования – в связи с проведением других ежегодных совещаний ОБСЕ, таких, как Ежегодная конференция по обзору проблем в области безопасности, либо в качестве отдельных мероприятий.
Для оказания поддержки в развитии КТС и обеспечении ее функционирования штат АТП будет в 2004 году расширено на одну должность П 1, заполняемую на контрактной основе.
* Наиболее точную информацию о процессах ратификации АТП ОБСЕ черпает из официальных уведом- лений о ратификации, размещаемых на веб-сайтах депозитариев соответствующих международно-пра- вовых документов о борьбе с терроризмом.
259 Документ двенадцатой встречи Совета министров София, 2004 г.
I. Заявление Совета министров в Софии по предупреждению терроризма и борьбе с ним
1. Мы, члены Совета министров ОБСЕ, собравшиеся в Софии, заявляем о своем решитель- ном и безусловном осуждении террористических актов, произошедших, в частности, в 2004 году в Испании, Узбекистане, Турции и России, где в городе Беслане террористы совершили жестокое и подлое убийство невинных и беззащитных детей. Мы скорбим о сотнях челове- ческих жизней, которые они унесли, и выражаем глубокую солидарность с жертвами актов терроризма и членами их семей. Эти акты наглядно показали бесчеловечную природу терро- ризма. Мы выражаем солидарность с государствами, не являющимися участниками нашей организации, которые также подверглись нападению террористов.
Вновь заявляя, что терроризм представляет одну из самых серьезных угроз миру и безо- пасности, и считая, что акты терроризма наносят серьезный ущерб осуществлению прав человека, мы вновь подтверждаем свое обязательство защищать от террористических актов осуществление прав человека и основных свобод, особенно права на жизнь, каж- дого, кто находится под нашей юрисдикцией. Мы вновь подчеркиваем нашу решимость бороться с терроризмом во всех его формах и проявлениях как с преступлением, не имею- щим оправдания независимо от его мотивов или происхождения, и вести эту борьбу при соблюдении верховенства закона и в соответствии с нашими обязательствами по междуна- родному праву, в частности, международным стандартам в области прав человека, бежен- скому праву и гуманитарному праву.
2. Мы подчеркиваем ведущую роль Организации Объединенных Наций во всеобъемлю- щей борьбе против терроризма. Мы подтверждаем международно-правовые и политиче- ские обязательства, принятые нашими государствами в области борьбы с терроризмом в рамках Организации Объединенных Наций, включая резолюции 1267 (1999), 1373 (2001), 1456 (2003), 1535 (2004), 1540 (2004) и 1566 (2004) Совета Безопасности ООН, а также резо- люцию 58/187 Генеральной ассамблеи ООН, и поддерживаем резолюцию 2004/87 Комиссии ООН по правам человека. Мы также подтверждаем международно-правовые и полити- ческие обязательства, принятые в рамках других международных организаций, членами которых мы являемся.
Мы приветствуем значение, придаваемое резолюцией 1566 (2004) Совета Безопасности ООН роли соответствующих международных, региональных и субрегиональных органи- заций в укреплении международного сотрудничества в борьбе с терроризмом, и призыв к усиленному взаимодействию с Организацией Объединенных Наций.
Мы подчеркиваем нашу решимость поддерживать важные усилия Контртеррористического комитета Совета Безопасности ООН и его Исполнительного директората. Мы обязуемся
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придерживаться самых высоких возможных стандартов выполнения 12 конвенций и прото- колов Организации Объединенных Наций, касающихся терроризма. Мы также повторяем наш призыв сотрудничать на ускоренной основе в урегулировании всех нерешенных вопро- сов в целях принятия консенсусом проекта всеобъемлющей конвенции о международном терроризме и проекта международной конвенции о борьбе с актами ядерного терроризма.
Мы остаемся приверженными антитеррористическим решениям ОБСЕ, в том числе обяза- тельствам, содержащимся в Бухарестском плане действий по борьбе с терроризмом, Хартии ОБСЕ о предупреждении терроризма и борьбе с ним и Стратегии ОБСЕ по противодей- ствию угрозам безопасности и стабильности в XXI веке.
Наши страны подтверждают свое обязательство обеспечить скорое и полное осуществле- ние этих решений и договоренностей на всем пространстве ОБСЕ.
3. Мы приветствуем усилия ОБСЕ в области борьбы с терроризмом, в том числе решения, принятые в 2004 году, и поддерживаем работу Антитеррористического подразделения Секретариата ОБСЕ.
Мы убеждены, что пакет практических решений, которые мы утверждаем и приветствуем сегодня*, и их последующее выполнение повысят уровень безопасности и стабильности на пространстве ОБСЕ. Эти решения помогут обеспечить выполнение наших международ- но-правовых обязательств по предупреждению терроризма и борьбе с ним.
4. Мы намерены активизировать деятельность и меры ОБСЕ по предупреждению терро- ризма и борьбе с ним, а также по противодействию всем факторам, порождающим условия, в которых террористические организации могут вербовать сторонников и рассчитывать на поддержку.
Мы подтверждаем, что усилия ОБСЕ по противодействию террористическим угрозам должны предприниматься во всех измерениях ОБСЕ – в измерении безопасности, включая военно-политическую сферу, в экономико-экологическом и человеческом измерениях. Осно- ванная на общем, всеобъемлющем и неделимом подходе к безопасности, наша организация способна и дальше вносить весомый вклад в глобальные антитеррористические усилия.
Мы убеждены, что уважение прав человека и основных свобод является важным элемен- том обеспечения мира и стабильности и предупреждения терроризма. Мы признаем, что для эффективного предупреждения терроризма и борьбы с ним требуется привлечение гражданского общества в наших странах.
Мы преисполнены решимости продолжать укрепление нашего взаимодействия на двусто- роннем и многостороннем уровнях в различных форматах в целях упреждения угрозы тер- роризма на пространстве ОБСЕ и в мире. Мы будем активно сотрудничать по вопросам розыска и привлечения к ответственности исполнителей, организаторов, спонсоров тер- рористических актов и тех, кто их поддерживает.
* Решение № 617 Постоянного совета о дальнейших мерах по пресечению финансирования терроризма (1 июля 2004 года) Решение № 618 Постоянного совета о солидарности с жертвами терроризма (1 июля 2004 года) Решение Совета министров о борьбе с использованием Интернета в террористических целях Решение Совета министров о повышении контейнерной безопасности Решение Совета министров о пере- даче информации об утерянных/похищенных паспортах в САП БДПД Интерпола.
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Мы также будем продолжать развивать взаимодействие и диалог по вопросам предупреж- дения терроризма и борьбы с ним со средиземноморскими и азиатскими партнерами по сотрудничеству.
II. Декларация министров о шестидесятой годовщине окончания второй мировой войны
В 2005 году исполняется 60 лет со времени окончания сражений второй мировой войны. Мы скорбим о десятках миллионов погибших, о жертвах войны, холокоста, оккупации и репрессий. Мы чтим всех тех, кто сражался за победу гуманизма над диктатурой, угнете- нием и агрессией. Время не сможет умалить величия принесенной ими жертвы. Мы привет- ствуем резолюцию Генеральной ассамблеи ООН о праздновании шестидесятой годовщины окончания второй мировой войны.
Размышляя над нашим стремлением предотвратить повторение подобной катастрофы евро- пейского и международного масштаба, мы с удовлетворением отмечаем прогресс, достиг- нутый за последние шестьдесят лет в преодолении трагического наследия второй мировой войны, в обеспечении мира и безопасности во всем мире, достижении примирения, раз- витии международного и регионального сотрудничества и утверждении демократических ценностей, прав человека и основных свобод – в частности благодаря деятельности Органи- зации Объединенных Наций и созданию региональных организаций. Мы подчеркиваем важ- ную роль, которую в последние три десятилетия сыграли в этом отношении СБСЕ и ОБСЕ.
Памятуя о хельсинкском Заключительном акте, Парижской хартии для новой Европы, Хар- тии европейской безопасности и других согласованных документах ОБСЕ, мы будем не щадя сил стремиться к тому, чтобы не допустить появления в регионе ОБСЕ новых разделитель- ных линий, искоренить источники вражды, напряженности и конфронтации. Мы твердо намерены продолжать свои коллективные усилия по формированию в регионе ОБСЕ еди- ного и неделимого пространства безопасности на основе демократии, верховенства закона, экономического процветания, социальной справедливости и уважения прав человека и основных свобод, включая права лиц, принадлежащих к национальным меньшинствам.
История учит нас тому, какой угрозой чреваты нетерпимость, дискриминация, экстре- мизм и ненависть на этнической, расовой и религиозной почве. Мы твердо намерены вести борьбу с этими опасными явлениями, в том числе через ОБСЕ, и отвергаем любые попытки их оправдания.
Мы решительно осуждаем любое отрицание холокоста. Мы осуждаем все формы этниче- ской чистки. Мы подтверждаем свою приверженность принятой 9 декабря 1948 года Кон- венции ООН о предупреждении преступления геноцида и наказании за него. Мы призываем государства-участники предпринять все возможные действия для недопущения попыток совершения геноцида, как в наши дни, так и в будущем. Виновные в подобных преступле- ниях должны привлекаться к ответственности.
Новые времена принесли с собой новые угрозы и вызовы, самым опасным из которых явля- ется терроризм. Мы будем сообща бороться против этой угрозы, объединяя свои усилия и ресурсы и отстаивая общие принципы. Мы будем вести работу, в частности через ОБСЕ, по противодействию терроризму и другим угрозам и вызовам безопасности.
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Мы убеждены, что мирное урегулирование всех существующих конфликтов, соблюдение норм международного права, целей и принципов Устава ООН, выполнение обязательств, содержащихся в хельсинкском Заключительном акте и других согласованных докумен- тах ОБСЕ – лучший способ воздать должное тем, кто боролся за мир, свободу, демократию и человеческое достоинство, почтить память всех жертв второй мировой войны, оставить позади прошлое и избавить нынешнее и грядущие поколения от ужасов войны и насилия. (…)
IV. Решения Совета министров (…)
Решение № 3/04:
Борьба с использованием интернета в террористических целях
Совет министров,
признавая значение резолюций 1373 (2001) и 1566 (2004) Совета Безопасности ООН как важ- ных элементов международной правовой базы для борьбы с терроризмом,
будучи преисполнен решимости и впредь наращивать усилия по выполнению существую- щих обязательств ОБСЕ по борьбе с терроризмом, закрепленных в Хартии ОБСЕ о преду- преждении терроризма и борьбе с ним, Решении № 1 встречи Совета министров в Порту о выполнении принятых в ОБСЕ обязательств и осуществлении ее деятельности по борьбе с терроризмом, Бухарестском плане действий по борьбе с терроризмом и Стратегии ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке,
памятуя о Конвенции Совета Европы по киберпреступности (ноябрь 2001 года) и о другой соответствующей работе, ведущейся в рамках этого форума, а также об итогах конферен- ции Совета Европы по вызовам, связанным с киберпреступностью,
напоминая о Совещании ОБСЕ по вопросу о связи между пропагандой расизма, ксенофо- бии и антисемитизма в Интернете и преступлениями на почве ненависти (Париж, 15–16 июня 2004 года), обеспокоенный масштабами использования Интернета террористиче- скими организациями: • для выявления и вербовки потенциальных членов, • для сбора и перевода средств, • для организации террористических актов, • для подстрекательства к террористическим актам, в частности посредством использо- вания пропаганды,
постановляет, что государства-участники будут обмениваться информацией об использо- вании Интернета в террористических целях и определять возможные стратегии борьбы с этой угрозой, обеспечивая в то же время соблюдение международных обязательств и норм в области прав человека, в том числе касающихся прав на неприкосновенность частной жизни, свободу мнений и свободу выражения;
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поручает Генеральному секретарю организовать в 2005 году во взаимодействии с Интерпо- лом и другими заинтересованными международными организациями семинар экспертов для обмена информацией о масштабах упомянутой угрозы, а также об имеющейся право- вой базе и организационных механизмах и для рассмотрения конкретных мер по наращи- ванию международного сотрудничества в данном вопросе. (…)
Решение № 11/04:
Борьба с коррупцией
Совет министров,
вновь заявляя, что коррупция является одним из основных препятствий на пути к процве- танию и устойчивому развитию государств-участников, подрывая их стабильность и без- опасность и ставя под угрозу всеобщие ценности ОБСЕ,
исполненный решимости и впредь наращивать усилия по выполнению действующих в ОБСЕ обязательств по борьбе с коррупцией, зафиксированных в Хартии европейской безопас- ности, принятой в 1999 году на Стамбульской встрече ОБСЕ на высшем уровне, и в Доку- менте-стратегии ОБСЕ в области экономического и экологического измерения, принятом в Маастрихте в 2003 году,
вновь подтверждая свое обязательство сделать ликвидацию всех форм коррупции одной из приоритетных задач и принимать эффективные и решительные меры против корруп- ции, в том числе посредством реализации соответствующего национального законодатель- ства и программ,
напоминая о том, что для борьбы с коррупцией требуется принятие государствами-участ- никами комплексной долгосрочной антикоррупционной стратегии,
отмечая важную работу, проделанную в этом направлении другими международными организациями, и в частности Управлением Организации Объединенных Наций по нар- котикам и преступности (ЮНОДК), Советом Европы (СЕ) и Организацией экономического сотрудничества и развития (ОЭСР),
признавая, что Конвенция Организации Объединенных Наций против коррупции, при- нятая 31 октября 2003 года Генеральной ассамблеей ООН в Нью Йорке, является крупным достижением в области международного сотрудничества по борьбе с коррупцией и создает возможность для глобальных действий по решению этой проблемы,
призывает государства-участники ОБСЕ, еще не сделавшие этого, в возможно краткие сроки подписать и ратифицировать Конвенцию Организации Объединенных Наций против кор- рупции с целью ее скорого вступления в силу и выполнять ее в полном объеме;
поручает Секретариату ОБСЕ, и в частности Бюро Координатора деятельности ОБСЕ в обла- сти экономики и окружающей среды (БКДЭОС), оказывать по просьбе государств-участ- ников ОБСЕ содействие в привлечении соответствующих компетентных международных организаций – с должным учетом их соответствующих мандатов – к оказанию техниче- ской помощи, включая задействование необходимого экспертного потенциала и ресурсов,
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в ратификации и/или осуществлении Конвенции Организации Объединенных Наций про- тив коррупции.
Решение № 12/04:
Толерантность и недискриминация
Совет министров,
признавая, что уважение прав человека и основных свобод, демократия и верховенство закона находятся в центре принятой в ОБСЕ всеобъемлющей концепции безопасности,
ссылаясь на свои обязательства в области человеческого измерения, зафиксированные в хельсинкском Заключительном акте, Парижской хартии для новой Европы, Хартии евро- пейской безопасности (Стамбульская встреча на высшем уровне, 1999 год) и во всех других соответствующих документах и решениях ОБСЕ,
ссылаясь на принятое 2 декабря 2003 года одиннадцатой встречей Совета министров в Маа- стрихте Решение № 4/03 о толерантности и недискриминации,
приветствуя работу по содействию толерантности и недискриминации, проделанную ОБСЕ в 2004 году,
1. Позитивно оценивает декларацию, с которой Действующий председатель ОБСЕ высту- пил на Конференции ОБСЕ по антисемитизму, проходившей в Берлине 28–29 апреля 2004 года, – «Берлинскую декларацию2, а также декларацию, с которой Действующий председа- тель ОБСЕ выступил на Конференции ОБСЕ на тему толерантности и борьбы с расизмом, ксенофобией и дискриминацией, проходившей в Брюсселе 13–14 сентября 2004 года, – «Брюссельскую декларацию»;
2. Одобряет решения Постоянного совета о борьбе с антисемитизмом (PC. DEC/607) и о толе- рантности и борьбе с расизмом, ксенофобией и дискриминацией (PC.DEC/621), а также Решение Постоянного совета о содействии толерантности и свободе СМИ в Интернете (PC. DEC/633), прилагаемые к настоящему решению;
3. Постановляет также активизировать усилия по выполнению этих трех решений, содер- жащих обязательства, в частности, в таких областях, как образование, средства массовой информации, законодательство, охрана правопорядка, миграция и свобода религии;
4. Постановляет развивать работу, начатую в 2003 году и продолженную на Конференции ОБСЕ по антисемитизму (Берлин, 28–29 апреля 2004 года), Совещании ОБСЕ по вопросу о связи между пропагандой расизма, ксенофобии и антисемитизма в Интернете и престу- плениями на почве ненависти, состоявшемся в Париже 16–17 июня 2004 года, и на Конфе- ренции ОБСЕ на тему толерантности и борьбы с расизмом, ксенофобией и дискриминацией (Брюссель, 13–14 сентября 2004 года). Приветствует также предложение Испании прове- сти в Кордове в июне 2005 года Конференцию ОБСЕ по антисемитизму и иным формам нетерпимости;
5. Приветствует намерение Действующего председателя назначить в соответствии с Реше- нием № 8 встречи Совета министров в Порту трех личных представителей в рамках общих
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усилий ОБСЕ по борьбе с дискриминацией и содействию толерантности. Расходы личных представителей будут оплачиваться из внебюджетных взносов.
Приложение к Решению № 12/04: Решение Постоянного совета № 607:
Борьба с антисемитизмом
(PC.DEC/607 от 22 апреля 2004 года)
Постоянный совет
принимая во внимание предстоящую Конференцию ОБСЕ по антисемитизму, которая пройдет в Берлине 28–29 апреля 2004 года,
вновь подтверждая взятые на себя государствами-участниками обязательства, касающи- еся борьбы с антисемитизмом, и
в целях наращивания наших совместных усилий по борьбе с антисемитизмом во всем регионе ОБСЕ
постановляет следующее.
1. Государства-участники обязуются: • стремиться к тому, чтобы их правовые системы способствовали безопасной среде, сво- бодной от антисемитской травли, насилия или дискриминации в какой бы то ни было сфере жизни; • по мере необходимости способствовать реализации образовательных программ, направ- ленных на противодействие антисемитизму; • способствовать сохранению памяти о трагедии холокоста и, по мере необходимости, про- свещению в этой области, а также осознанию важности уважительного отношения ко всем этническим и религиозным группам; • бороться с преступлениями, совершаемыми на почве ненависти, разжигать которую может расистская, ксенофобская и антисемитская пропаганда в средствах массовой информации и в Интернете; • поощрять и поддерживать усилия международных организаций и НПО в этих областях; • собирать и хранить заслуживающую доверия информацию и статистические данные о совершаемых на их территории антисемитских и иных преступлениях на почве нена- висти, периодически доводить эту информацию до сведения Бюро ОБСЕ по демокра- тическим институтам и правам человека (БДИПЧ) и предоставлять ее в распоряжение общественности; • стремиться обеспечить БДИПЧ необходимыми ресурсами для выполнения задач, постав- ленных в Решении о толерантности и недискриминации, принятом на Маастрихтской встрече министров; • взаимодействовать с Парламентской ассамблеей ОБСЕ в определении подходящих спо- собов периодического рассмотрения проблемы антисемитизма;
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• поощрять развитие неофициального обмена мнениями между экспертами в рамках соот- ветствующих форумов относительно лучшей практики и опыта в области правоприме- нения и правового образования;
2. Поручить БДИПЧ: • на основе всестороннего сотрудничества с другими институтами ОБСЕ, а также с Коми- тетом ООН по ликвидации расовой дискриминации (ЮНСЕРД), Европейской комис- сией по борьбе против расизма и нетерпимости (ЕКРН), Европейским мониторинговым центром по вопросам расизма и ксенофобии (ЕМЦРК) и другими соответствующими международными институтами и НПО внимательно отслеживать инциденты антисе- митского характера в регионе ОБСЕ, используя при этом всю имеющуюся и заслужива- ющую доверия информацию; • докладывать о своих выводах Постоянному совету и Совещанию по рассмотрению выпол- нения, посвященному вопросам человеческого измерения, а также информировать о них общественность. Такие доклады должны также приниматься во внимание при определе- нии приоритетных направлений работы ОБСЕ по проблеме нетерпимости; • систематически собирать и распространять в масштабах региона ОБСЕ информацию о лучшей практике предупреждения антисемитизма и реагирования на него, а также представлять государствам-участникам по их просьбе рекомендации в связи с их уси- лиями по борьбе с антисемитизмом.
3. Просить Действующего председателя довести настоящее Решение до сведения участни- ков предстоящей конференции в Берлине и включить его в свое заявление при закрытии Конференции.
4. Представить настоящее Решение Совету министров для одобрения на его 12-й встрече.
Приложение к Решению № 12/04: Решение Постоянного совета № 621:
Толерантность и борьба с расизмом, ксенофобией и дискриминацией
(PC.DEC/621 от 29 июля 2004 года)
Постоянный совет,
принимая во внимание предстоящую Конференцию ОБСЕ на тему о толерантности и борьбе с расизмом, ксенофобией и дискриминацией, которая состоится в Брюсселе 13–14 сентя- бря 2004 года,
напоминая о Решении Маастрихтской встречи Совета министров о толерантности и недискриминации (MC.DEC/4/03), Конференции ОБСЕ по антисемитизму, состоявшейся в Берлине 28–29 апреля 2004 года, а также о Совещании ОБСЕ по вопросу о взаимосвязи между пропагандой расизма, ксенофобии и антисемитизма в Интернете и преступлениями на почве ненависти, которая состоялась в Париже 16–17 июня 2004 года, и об их итогах,
вновь подтверждая взятые на себя государствами-участниками обязательства, касающи- еся утверждения терпимости и недискриминации и
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с целью наращивания наших общих усилий в борьбе с проявлениями нетерпимости во всем регионе ОБСЕ,
постановляет следующее:
1. Государства-участники обязуются: • рассмотреть вопрос о принятии или, соответственно, усилении законодательства, запрещающего дискриминацию по признаку расы, цвета кожи, пола, языка, религии, политических или иных взглядов, национального или социального происхождения, иму- щественного, сословного или иного положения, а также подстрекательство к совершению преступлений на почве ненависти, мотивируемой этими признаками; • поддерживать и, при необходимости, наращивать просветительские программы, нацелен- ные на воспитание толерантности и борьбу с расизмом, ксенофобией и дискриминацией; • поддерживать и облегчать открытый и транспарентный межконфессиональный и меж- культурный диалог и партнерство в интересах толерантности, взаимного уважения и взаимопонимания, а также обеспечивать и поощрять свободу личности исповедо- вать и практиковать, единолично или совместно с другими, религию или веру – в том числе посредством транспарентных и недискриминационных законов, правил, прак- тики и политики; • принимать меры по пресечению актов дискриминации и насилия в отношении мусуль- ман в регионе ОБСЕ; • принимать в соответствии со своим внутренним законодательством и международными обязательствами меры против дискриминации, нетерпимости и ксенофобии в отноше- нии мигрантов и рабочих-мигрантов; • рассмотреть вопрос о принятии мер по повышению осведомленности общественности относительно обогащающего вклада мигрантов и рабочих-мигрантов в жизнь общества; • бороться с преступлениями на почве ненависти, разжигать которую может расистская, ксенофобская и антисемитская пропаганда в Интернете, и надлежащим образом публично осуждать такие преступления в тех случаях, когда они совершаются; • рассмотреть вопрос об организации учебных программ для должностных лиц правоох- ранительных и судебных органов, посвященных законодательству, касающемуся престу- плений на почве ненависти, и обеспечению его применения; • поощрять пропаганду толерантности, диалога, взаимного уважения и взаимопонимания в средствах массовой информации, включая Интернет; • поощрять и поддерживать усилия международных организаций и НПО на этих направ- лениях; • собирать и хранить заслуживающую доверия информацию и статистические данные о совершаемых на их территории преступлениях на почве ненависти, мотивированных расизмом, ксенофобией и связанными с ними дискриминацией и нетерпимостью, пери- одически передавать такую информацию Бюро ОБСЕ по демократическим институтам и правам человека (БДИПЧ) и предоставлять эту информацию в распоряжение обще- ственности; • изучить возможность учреждения внутри стран соответствующих органов, отвечающих за поддержку толерантности и борьбу с расизмом, ксенофобией и дискриминацией и свя- занной с ними нетерпимостью, в том числе в отношении мусульман, и с антисемитизмом;
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• стремиться обеспечить БДИПЧ необходимыми ресурсами для выполнения задач, постав- ленных в Решении Маастрихтской встречи министров о толерантности и недискрими- нации; • взаимодействовать с Парламентской ассамблеей ОБСЕ в определении подходящих спосо- бов для периодического рассмотрения проблем расизма, ксенофобии и дискриминации; • поощрять развитие неофициального обмена мнениями между экспертами в рамках соот- ветствующих форумов относительно лучшей практики и опыта по вопросам правопри- менения и правового образования;
2. БДИПЧ поручается: • на основе всестороннего сотрудничества с другими институтами ОБСЕ, а также с Коми- тетом ООН по ликвидации расовой дискриминации (ЮНСЕРД), Управлением Верховного комиссара Организации Объединенных Наций по правам человека (УВКПЧ), Европейской комиссией по борьбе против расизма и нетерпимости (ЕКРН), Европейским мониторин- говым центром по вопросам расизма и ксенофобии (ЕКЦРК) и другими соответству- ющими международными институтами и НПО внимательно отслеживать инциденты, мотивированные расизмом, ксенофобией или связанной с ними нетерпимостью, в том числе в отношении мусульман, и антисемитизмом в регионе ОБСЕ, используя при этом имеющуюся и заслуживающую доверия информацию; • докладывать о своих выводах Постоянному совету и Совещанию по рассмотрению выпол- нения, посвященному человеческому измерению, а также информировать о них обще- ственность. Такие доклады должны также приниматься во внимание при определении приоритетных направлений работы ОБСЕ по проблеме нетерпимости; • систематически собирать и распространять в масштабах региона ОБСЕ информацию о лучшей практике предупреждения расизма, ксенофобии и дискриминации и реагиро- вания на них, а также представлять государствам-участникам по их просьбе рекомен- дации в связи с их усилиями по борьбе с расизмом, ксенофобией и дискриминацией; • поддерживать способность гражданского общества противодействовать расизму, ксе- нофобии, дискриминации и связанной с ними нетерпимости, в том числе в отношении мусульман, а также антисемитизму и налаживать партнерские связи в этих целях;
3. Просить Действующего председателя довести настоящее Решение до сведения участни- ков предстоящей Конференции в Брюсселе и включить его в свое заявление при закрытии Конференции;
4. Представить настоящее Решение Совету министров для одобрения на его 12-й встрече.
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Приложение к Решению № 12/04: Решение Постоянного совета № 633:
Содействие толерантности и свободе СМИ в интернете
(PC.DEC/633 от 11 ноября 2004 года)
Постоянный совет,
подтверждая принятые на встрече Совета министров в Маастрихте обязательства бороться с преступлениями на почве ненависти, разжигать которую может пропаганда расизма, ксе- нофобии и антисемитизма в Интернете,
вновь подтверждая важность всестороннего уважения права на свободу мнений и свободу выражения, включая свободу искать, получать и распространять информацию, которые жизненно важны для демократии и фактически укрепляются Интернетом,
ссылаясь на обязательства обеспечивать сбор и хранение надежной информации и ста- тистических данных о преступлениях на почве ненависти, мотивированных расизмом, ксенофобией, антисемитизмом и связанными с ними дискриминацией и нетерпимостью, периодически передавать такую информацию Бюро ОБСЕ по демократическим институ- там и правам человека (БДИПЧ) и предоставлять эту информацию в распоряжение обще- ственности, зафиксированные в решениях Постоянного совета о борьбе с антисемитизмом (PC.DEС/607) и о толерантности и борьбе с расизмом, ксенофобией и дискриминацией (PC. DEC/621),
подчеркивая важность содействия толерантности, взаимному уважению, диалогу и вза- имопониманию, в том числе через средства массовой информации и Интернет, в рамках стратегий, предполагающих самые различные меры, постановляет:
1. Государствам-участникам следует предпринять меры к тому, чтобы Интернет оставался открытым и общедоступным форумом, обеспечивающим свободу мнений и свободу выра- жения, закрепленные во Всеобщей декларации прав человека, и способствовать расшире- нию доступа в Интернет как через домашние подключения, так и через учебные заведения;
2. Государства-участники должны расследовать случаи насилия и носящих преступный характер угроз его применения, мотивированных расистскими, ксенофобскими, антисемит- скими или иными связанными с этим предрассудками, распространяемыми через Интер- нет, и при необходимости обеспечивать преследование виновных по всей строгости закона;
3. Государствам-участникам следует обеспечивать профессиональную подготовку сотруд- ников правоохранительных органов, а также прокуроров, по вопросам, касающимся пре- ступлений, мотивированных расистскими, ксенофобскими, антисемитскими или иными связанными с этим предрассудками, распространяемым через Интернет, а также предо- ставлять друг другу в рамках обмена примерами наилучшей практики информацию об успешных программах такой подготовки;
4. Представитель ОБСЕ по вопросам свободы средств массовой информации будет и впредь играть активную роль в содействии обеспечению как свободы выражения, так и доступа в Интернет и будет продолжать наблюдать за развитием событий в этой связи во всех госу- дарствах-участниках. Представитель будет отстаивать принятые в рамках ОБСЕ принципы
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и обязательства и содействовать их реализации. Эта деятельность будет включать раннее предупреждение о случаях, когда законы или иные меры, направленные на запрет выска- зываний, мотивированных расистскими, ксенофобскими, антисемитскими или иными связанными с этим предрассудками, применяются дискриминационно или избирательно в силу политических соображений, что может вести к созданию препятствий для выраже- ния альтернативных мнений и взглядов;
5. Государствам-участникам следует конкретно изучить эффективность законов и других мер, регулирующих содержание Интернета, с точки зрения их влияния на число престу- плений, совершаемых на почве расизма, ксенофобии и антисемитизма;
6. Государствам-участникам следует поощрять и поддерживать аналитически строгие исследования, касающиеся возможной связи между расистскими, ксенофобскими и анти- семитскими высказываниями в Интернете и преступностью, мотивированной расист- скими, ксенофобскими, антисемитскими или иными связанными с этим предрассудками;
7. ОБСЕ будет способствовать обменам, имеющим целью нахождение эффективных подхо- дов к проблеме пропаганды расизма, ксенофобии и антисемитизма в Интернете, которые не ставили бы под угрозу свободу информации и свободу выражения. ОБСЕ будет создавать возможности для распространения информации о наилучшей практике, в частности в ходе ежегодных совещаний по оценке выполнения, посвященных человеческому измерению;
8. Государствам-участникам следует поощрять разработку программ, направленных на про- свещение детей и молодежи в отношении мотивированных расистскими, ксенофобскими, антисемитскими или иными связанными с этим предрассудками, материалов, которые могут встречаться в Интернете. Кроме того, государства-участники и провайдеры интернет-ус- луг должны в соответствующих случаях предпринимать шаги по повышению осведомлен- ности родителей о широко распространенном программном обеспечении для фильтрации доступа, позволяющем родителям осуществлять более эффективный надзор и контроль за тем, как их дети пользуются Интернетом. Материалы об успешном опыте осуществления просветительских программ и применения средств фильтрации доступа должны широко популяризироваться в рамках обмена примерами наилучшей практики;
9. Государства-участники должны приветствовать продолжение и расширение усилий НПО по отслеживанию расистских, ксенофобских и антисемитских материалов в Интер- нете, а также усилия НПО по распространению и преданию огласке информации о полу- ченных результатах.
Решение № 13/04:
Особые потребности детей, являющихся жертвами торговли людьми, в защите и помощи
Совет министров,
вновь подтверждая твердые обязательства государств-участников, касающиеся борьбы с торговлей людьми, и в частности Решение № 1 Венской встречи Совета министров 2000 года, Декларацию о торговле людьми, принятую на встрече министров в Порту в 2002 году, и Решение № 2/03 Маастрихтской встречи Совета министров 2003 года, которым был одобрен План действий ОБСЕ по борьбе с торговлей людьми и под эгидой Постоянного совета учре- жден механизм ОБСЕ для оказания государствам-участникам помощи в борьбе с торговлей
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людьми, состоящий из специального представителя, назначаемого Действующим предсе- дателем, и специального подразделения в Секретариате,
ссылаясь на документ состоявшегося в 1990 году в Копенгагене Совещания Конференции по человеческому измерению СБСЕ, в котором, в частности, декларировалось, что «госу- дарства-участники принимают решение уделять особое внимание признанию прав ребенка, его гражданских прав, личных свобод, его экономических, социальных и культурных прав и его права на особую защиту от всех видов насилия и эксплуатации»,
ссылаясь на принципы, касающиеся защиты и уважения прав человека, которые провозгла- шены в Конвенции Организации Объединенных Наций 1998 года о правах ребенка и отно- сящемся к ней Факультативном протоколе 2000 года о торговле детьми, детской проституции и детской порнографии, Протоколе Организации Объединенных Наций 2000 года о преду- преждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, дополняющем Конвенцию Организации Объединенных Наций против транснаци- ональной организованной преступности, а также в гаагской Конвенции 1993 года о защите детей и сотрудничестве в области международного усыновления,
сознавая, что государства-участники несут основную ответственность за борьбу с торгов- лей людьми на базе комплексного скоординированного подхода, включающего предотвра- щение такой торговли, защиту жертв и уголовное преследование лиц, занимающихся такой торговлей, и их сообщников,
вновь подтверждая, что общие принципы, касающиеся, в частности, наилучшего обеспе- чения интересов ребенка, недискриминации, вовлеченности, а также обеспечения выжи- вания и развития, составляют основу всей деятельности, касающейся детей,
преисполненный решимости и впредь наращивать усилия ОБСЕ по борьбе с торговлей людьми и продолжать активно выполнять План действий по борьбе с торговлей людьми, а также обеспечивать дальнейшее оказание Организацией поддержки государствам-участ- никам по их просьбе в осуществлении ими на национальном уровне своих соответствую- щих мероприятий в этой области,
принимая во внимание, в частности, изложенные в Плане действий ОБСЕ по борьбе с торгов- лей людьми рекомендации о том, чтобы ОБСЕ уделяла особое внимание проблеме торговле детьми, а также сознавая уязвимость несопровождаемых и разлученных с семьями детей,
сознавая, что государства-участники твердо намерены защищать детей от всех видов наси- лия, включая их сексуальную эксплуатацию, и подчеркивая необходимость уважения осо- бых потребностей детей в защите и помощи, а также принцип предоставления ребенку возможности высказать свое мнение,
подчеркивая, что меры по борьбе с торговлей детьми должны учитывать гендерные аспекты и носить недискриминационный характер,
подчеркивая, что при принятии решений, касающихся детей – жертв торговли, главным соображением должно быть наилучшее обеспечение интересов ребенка, в частности, с помо- щью представителей, отстаивающих в необходимых случаях интересы таких детей,
сознавая необходимость создания эффективной основы для оказания детям помощи и защиты, а также проведения информационно-пропагандистских мероприятий в целях
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противодействия спросу, поощряющему все формы эксплуатации людей, особенно женщин и детей, и повышающему вероятность превращения детей в объект торговли,
1. Постановляет наращивать усилия ОБСЕ, направленные на предотвращение торговли детьми, оказание защиты и помощи детям, являющимся жертвами торговли, и уголовное преследование торговцев детьми, принимая во внимание План действий ОБСЕ по борьбе с торговлей людьми;
2. Считает желательным, чтобы государства-участники укрепляли соответствующие госу- дарственные органы, занимающиеся проблемами детей; считает также желательным, чтобы государства-участники при необходимости активизировали принятие мер во исполнение соответствующих рекомендаций, адресованных им в Плане действий ОБСЕ по борьбе с тор- говлей людьми, с целью противодействия факторам, повышающим вероятность превра- щения детей в объект торговли, – в частности таким, как: дискриминация, в том числе по признаку расы, пола, религии или убеждений, национального или социального происхож- дения, сословного или иного положения; эксплуатация, как она определена в Плане дей- ствий ОБСЕ по борьбе с торговлей людьми; бедность, низкий уровень образования и отрыв от привычного места проживания;
3. Постановляет усилить работу по противодействию спросу, включая борьбу с детским секс-туризмом. В этой связи он также предлагает государствам-участникам рассмотреть, среди прочего, вопрос о разработке правовых мер, предусматривающих уголовное пресле- дование своих граждан за сексуальную эксплуатацию детей, в том числе если такая эксплу- атация имела место в другой стране;
4. Поручает Постоянному совету обеспечить через неофициальную рабочую группу по гендерному равенству и борьбе с торговлей людьми и при поддержке специального пред- ставителя по борьбе с торговлей людьми и других соответствующих структур ОБСЕ раз- работку к 31 июля, на предмет принятия дальнейших соответствующих мер, дополнения к Плану действий ОБСЕ по борьбе с торговлей людьми, посвященного особым потребно- стям детей – жертв торговли людьми в защите и помощи, которое включало бы обобщение наилучшей практики и способствовало бы осуществлению Плана действий;
5. Предлагает неофициальной рабочей группе приступить к этой работе, руководствуясь обязательствами государств-участников по существующим международным конвенциям, сторонами которых они являются, в целях надлежащего удовлетворения потребности в особых мерах защиты детей и исходя из наилучших интересов и благополучия ребенка.
Решение № 14/04:
План действий ОБСЕ 2004 года по поддержке гендерного равенства
Совет министров,
напоминая о том, что, как было заявлено главами государств и правительств на Стам- бульской встрече ОБСЕ на высшем уровне в 1999 году, «полное и равное осуществление женщинами своих прав человека имеет важнейшее значение для укрепления мира, процве- тания и демократии в регионе ОБСЕ. Мы обязуемся сделать обеспечение равенства между
273 София, 2004 г
мужчинами и женщинами неотъемлемой частью своей политики как на уровне наших госу- дарств, так и в рамках Организации»*,
ссылаясь на План действий 2000 года по гендерным вопросам†, который был принят «с целью обеспечить учет государствами-участниками, а также в практической работе институтов ОБСЕ и миссий ОБСЕ на местах принятых в ОБСЕ обязательств, касающихся равенства прав и равенства возможностей для женщин и мужчин»,
признавая, что равноправие женщин и мужчин и защита их прав человека являются важ- нейшим условием обеспечения мира, устойчивой демократии, экономического развития, а следовательно – безопасности и стабильности в регионе ОБСЕ,
ссылаясь на Пекинскую платформу действий, принятую на четвертой Всемирной конферен- ции по положению женщин, и документ двадцать третьей специальной сессии Генеральной ассамблеи 2000 года под названием «Женщины в 2000 году: равенство между мужчинами и женщинами, развитие и мир в XXI веке»,
ссылаясь на резолюцию 1325 (2000)‡ Совета Безопасности ООН, в которой Совет призы- вает обеспечить полноправное участие женщин в процессе принятия решений по вопросам предотвращения конфликтов, а также в постконфликтном восстановлении, и подчеркивая важность их полноправного участия и вовлеченности в любую деятельность, направлен- ную на поддержание и укрепление мира и безопасности,
сознавая необходимость надлежащим образом учитывать гендерную проблематику в меро- приятиях, проводимых под эгидой ОБСЕ, а также то, что государствам-участникам над- лежит принять все необходимые меры, способствующие повышению осведомленности о гендерной проблематике и обеспечению равноправия и полноправного участия женщин и мужчин в жизни общества, в интересах более широкого практического обеспечения ген- дерного равенства и учета гендерной проблематики в регионе ОБСЕ в качестве одного из важнейших условий всеобъемлющей безопасности,
подчеркивая необходимость дальнейшего развития и укрепления в ОБСЕ непрерывного и устойчивого процесса учета гендерной проблематики, содействия формированию рабо- чего климата и культуры управления, основанных на чуткости к гендерным аспектам и профессионализме, а также усилий, направленных на обеспечение гендерной сбаланси- рованности при наборе персонала, особенно на посты категории специалистов, в соответ- ствии с Положениями о персонале ОБСЕ,
постановляет одобрить План действий 2004 года по поддержке гендерного равенства, при- нятый Решением № 638 Постоянного совета от 2 декабря 2004 года и изложенный в Прило- жении к настоящему Решению.
* Хартия европейской безопасности, пункт 23. † PC.DEC/353 от 1 июня 2000 года. ‡ Принята Советом Безопасности на его 4213-м заседании 31 октября 2000 года.
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Приложение к Решению № 14/04:
План действий ОБСЕ 2004 года по поддержке гендерного равенства
«Благосостояние всего мира и дело мира требует максимального участия женщин наравне с мужчинами во всех областях»*.
1. Уважение прав человека и основных свобод, демократии и верховенства закона является ключевым элементом принятой в ОБСЕ всеобъемлющей концепции безопасности. Хартия европейской безопасности, принятая на Стамбульской встрече ОБСЕ на высшем уровне, гласит: «Полное и равное осуществление женщинами своих прав человека имеет важней- шее значение для укрепления мира, процветания и демократии в регионе ОБСЕ. Мы обя- зуемся сделать обеспечение равенства между мужчинами и женщинами неотъемлемой частью своей политики как на уровне наших государств, так и в рамках Организации».
2. Будучи региональным соглашением по смыслу главы VIII Устава Организации Объеди- ненных Наций, ОБСЕ является одним из ключевых инструментов раннего предупреждения, предотвращения конфликтов, регулирования кризисов и постконфликтного восстановле- ния в своем регионе. В этом регионе становится все более очевидной тесная взаимосвязь между безопасностью, демократией и процветанием. Экономическая свобода, социальная справедливость и экологическая ответственность являются жизненно важными для про- цветания. Необходимейшим условием для решения Организацией своих задач и достиже- ния ею своих целей являются совместные с государствами-участниками инвестиции в ее человеческий капитал.
3. Эффективный учет гендерной проблематики† во имя достижения равноправия мужчин и женщин имеет важное значение для полновесного задействования человеческого капитала в регионе ОБСЕ. Гендерное равенство способствует обеспечению всеобъемлющей безопасно- сти – той цели, на достижение которой направлены усилия ОБСЕ во всех трех измерениях. Систематический учет гендерной проблематики – один из способов достижения этой цели. Соответственно, эта проблематика должна приниматься во внимание во всех мероприя- тиях, проектах и программах Организации, с тем, чтобы добиться гендерного равенства в деятельности самой Организации, равно как и в государствах-участниках. Эти государ- ства, Действующего председателя, Генерального секретаря и руководителей институтов и миссий объединяет ответственность за утверждение равноправия между женщинами и мужчинами в качестве неотъемлемого элемента политики и практики ОБСЕ. Проводя такую работу, следует иметь ввиду, что благоприятные последствия претворения в жизнь гендерного равенства в любом регионе и на любом уровне в обществе будут ощутимы как для женщин, так и для мужчин.
* Резолюция 34/180 Генеральной ассамблеи ООН от 18 декабря 1979 года (КЛДЖ). † «Учет гендерной проблематики представляет собой процесс оценки возникающих для женщин и муж- чин последствий любых планируемых мер, включая законодательство, политику или программы, во всех областях и на всех уровнях. Речь идет о стратегии, благодаря которой проблемы, встающие перед женщинами и мужчинами, и накопленный ими опыт должны стать одним из неотъемлемых направ- лений деятельности в процессе разработки, осуществления, контроля и оценки политики и программ во всех сферах политической, экономической и общественной жизни, с тем, чтобы и женщины, и муж- чины в равной степени пользовались плодами таких усилий, и для неравенства не оставалось места. Конечная цель состоит в обеспечении равенства между женщинами и мужчинами». См. Официальные отчеты Генеральной ассамблеи, пятьдесят вторая сессия, дополнение № 3 (А/52/3/Rev.1), глава IV,пункт 4.
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I. Общий контекст
Ход выполнения Плана действий 2000 года
4. План действий ОБСЕ 2000 года по гендерным вопросам* предусматривает наращивание усилий с целью добиться одинакового отношения к женщинам и мужчинам в Организации во всех областях, включая набор персонала, и отражения гендерной проблематики в дея- тельности Организации. Этот план позволил обеспечить более глубокое осознание необхо- димости улучшения положения в области гендерного равенства в ОБСЕ за счет принятия соответствующих мер Секретариатом, институтами и структурами на местах, а также госу- дарствами-участниками.
Тем не менее в выполнении Плана действий 2000 года наблюдаются некоторые недостатки, особенно в таких областях, как подготовка и подбор кадров и управление, а также в общей практике учета гендерной проблематики в масштабах всей ОБСЕ и в государствах-участ- никах.
5. В Плане действий 2000 года по гендерным вопросам говорится о необходимости расши- рения возможностей для женщин в рамках ОБСЕ и наращивания усилий по обеспечению профессионального рабочего климата. К Действующему председателю, государствам-участ- никам и Секретариату была обращена просьба принять твердые меры по назначению на должности и продвижению по службе в институтах, а также в структурах ОБСЕ на местах кандидатов из числа женщин, а ко всем государствам-участникам был обращен призыв активно выдвигать женщин, особенно на руководящие должности.
Однако в ОБСЕ женщины по-прежнему представлены слабо, особенно на уровне старшего и политического руководства, причем их представленность в последние годы фактически сократилась. По-прежнему не представлены или представлены недостаточно женщины из ряда стран, в частности из государств-участников с переходной экономикой. Статистиче- ские данные свидетельствуют о том, что у кандидатов-женщин меньше шансов получить работу в Организации, чем у мужчин†. Составляемые на двухгодичной основе статистиче- ские данные и ежегодно подготавливаемые Генеральным секретарем доклады о выполне- нии Плана действий 2000 года по гендерным вопросам не стали предметом рассмотрения в Постоянном совете; кроме того, не налажено адекватного мониторинга выполнения Плана действий 2000 года.
* Решение № 353 Постоянного совета от 1 июня 2000 года (PC.DEC/353/00). † Статистические данные по Секретариату, институтам и миссиям ОБСЕ (в разбивке по половому при- знаку), SEC.GAL/208/03 от 21 ноября 2003 года. Что касается должностей, фигурирующих в штатном расписании, то по категории общего обслуживания женщины составляют 44 процента персонала, а по категории специалистов их общая представленность составляет 25 процентов и по сути дела за последние годы снизилась. Из всех кандидатов, претендовавших на замещение должностей по контракту с фикси- рованным сроком в период с января по сентябрь 2003 года (9566), мужчин было 69 процентов, а жен- щин – 31 процент; вместе с тем в тот же период из всех отобранных кандидатов (50 человек) мужчины составляли 72 процента, а женщины – 28. Что касается 34 вакантных должностей категории специали- стов, то на долю женщин приходилось 33 процента претендентов, 23 процента участвовавших в собе- седованиях кандидатов и 12 процентов отобранных кандидатов. Среди всех кандидатур, выдвинутых за первые шесть месяцев 2003 года на замещение постов в порядке прикомандирования (2135), 30 про- центов (641) были женщинами и 70 процентов (1494) мужчинами. Однако из них в миссии были направ- лены лишь 10 процентов (62) из соискательниц, в то время как среди претендентов-мужчин количество принятых и направленных на работу составило 18 процентов (272).
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6. В качестве еще одной приоритетной задачи в Плане действий 2000 года по гендерным вопросам предусматривалось прохождение всеми новыми сотрудниками миссий подго- товки по гендерной тематике и включение такой проблематики институтами ОБСЕ в их программы подготовки кадров. Была организована общая подготовка по вопросам повы- шения внимания к гендерной проблематике; предпринимались усилия по обеспечению про- фессионального рабочего климата. За период с 2000 года в каждой из миссий был назначен посредник; Секретариат ежегодно организовывал для них учебную подготовку. И тем не менее работа по подготовке и привлечению внимания руководящих работников к гендер- ным вопросам, а также к тем обязанностям, которые возлагаются в этом отношении на каж- дого из сотрудников в зависимости от его функций и вопросов, которыми он занимается, не дала ожидаемых результатов; не достигнута и цель создания профессионального климата.
7. Кроме того, План действий 2000 года по гендерным вопросам предусматривал создание всеобъемлющей основы для осуществления проектов по аналитическому учету гендер- ной проблематики, анализ данных и материалов исследований гендерного характера и их использование при разработке новых программ.
В развитии этого процесса не наблюдалось должной последовательности. Кроме того, совет- ники и сотрудники для контактов по гендерным вопросам не привлекаются в достаточной мере к разработке новых директив и программ.
8. Учет гендерной проблематики предполагает последовательное и систематическое отра- жение гендерных аспектов в деятельности Организации на основе подхода, охватывающего все измерения, а также адекватные механизмы мониторинга и рассмотрения. С тем, чтобы подкрепить целенаправленные усилия государств-участников по выполнению своих обя- зательств, требуется новый, более предметный план действий, определяющий наши цели и четко разграничивающий ответственность.
II. Цели и задачи
9. План действий 2004 года по поддержке гендерного равенства призван определить при- оритеты ОБСЕ по поддержке гендерного равенства – как в Организации, так и в государ- ствах-участниках, – обеспечивая при этом наблюдение за его выполнением.
План предусматривает достижение этих целей путем осуществления Организацией меро- приятий, политики, проектов и программ, направленных на учет гендерной проблематики, а также оказания со стороны ОБСЕ помощи государствам-участникам в утверждении ген- дерного равенства. Такая помощь могла бы оказываться в интересах выполнения между- народных обязательств в гендерной сфере, а также выработки национальных программ и политики.
10. Приоритетными будут считаться следующие цели: a) В рамках ОБСЕ: • осуществление конкретных программ подготовки сотрудников ОБСЕ с целью их озна- комления с гендерной проблематикой и привлечения их внимания к необходимости обе- спечения гендерного равенства в повседневной работе и программ, предусматривающих активизацию работы по обеспечению последовательного учета гендерной проблематики в политике и программах, а также внедрение механизмов рассмотрения и оценки; • воспитание культуры управления, подчеркивающей профессионализм, и чуткость к ген- дерным аспектам, а также формирование учитывающего эти принципы рабочего климата;
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• внедрение в ОБСЕ более совершенных, нешаблонных стратегий набора персонала с целью расширить равные возможности для всех и обеспечить выявление и привлечение высо- коквалифицированных женщин в соответствии с требованиями Положений о персонале (Решение PC.DEC/550/Corr.1 от 27 июня 2003 года), имея в виду увеличить число женщин, работающих в ОБСЕ на постах старшего уровня; • побуждение государств-участников к более частому выдвижению женских кандида- тур на замещение должностей в ОБСЕ, в частности, когда речь идет об уровне старшего и политического руководства*, с целью добиться постоянного улучшения количествен- ного соотношения между работниками и работницами на всех уровнях; • обеспечение эффективного учета гендерной проблематики в деятельности и политике как ОБСЕ, так и государств-участников. b) Оказание государствам-участникам помощи в: • определении приоритетных направлений, на которых структуры ОБСЕ могут оказывать государствам ОБСЕ помощь в выполнении их соответствующих обязательств; • выявлении некоторых примеров наилучшей практики утверждения равноправия жен- щин и мужчин в государствах-участниках; • популяризации и повышении роли женщин в деле предотвращения конфликтов и вос- становления мира; • формировании рамочной структуры, призванной обеспечить регулярное обсуждение и рассмотрение гендерных вопросов, включая выполнение настоящего Плана действий.
III. Поддержка гендерного равенства в ОБСЕ
А) Систематический учет гендерной проблематики в деятельности структур, при формировании рабочего климата и при наборе персонала
Подготовка кадров
11. В интересах достижения целей, изложенных в настоящем Плане действий, ОБСЕ рас- ширяет имеющиеся возможности для подготовки кадров и учреждает новые программы такой подготовки в соответствии со стратегией подготовки кадров ОБСЕ на 2005 2007 годы† и Планом действий ОБСЕ по борьбе с торговлей людьми‡. Соответственно, осуществляемая Секретариатом программа общей ориентации, вводно-ознакомительный курс БДИПЧ по человеческому измерению и дополнительные вводно-ознакомительные курсы или семина- ры-практикумы на местах должны включать, при необходимости, два учитывающие спец- ифические потребности модуля. • Первый модуль предусматривает развитие у всех должностных лиц ОБСЕ вниматель- ного отношения к гендерным аспектам и навыков их учета в повседневной работе. Этот
* П-5 и выше. † SEC.GAL/118/04/Rev.5 от 27 июля 2004 года. ‡ Приложение к Решению MC.DEC/2/03, стр. 12, «Повышение осведомленности». 8.4: «Координатор ОБСЕ по подготовке кадров, старший советник по гендерным вопросам и старший координатор по вопросам безопасности будут продолжать использовать вводно-ознакомительный курс для развития и проведе- ния совместно с БДИПЧ работы по подготовке персонала, тематика которой будет охватывать гендерные вопросы, торговлю людьми и соответствующие правила и руководящие принципы, а также организо- вывать специальные семинары-практикумы на местах. Руководители операций на местах обеспечат посещение таких учебных курсов всеми сотрудниками в обязательном порядке».
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модуль, надлежащим образом адаптированный к специфическим потребностям каждой категории сотрудников, предполагает разъяснение принципа гендерного равенства, озна- комление с имеющимися способами достижения этой цели и с причинами, по которым Организация считает важным последовательно строить свою работу с учетом гендер- ной проблематики. Этот модуль ориентирован на принятие конкретных мер, использует метод интерактивности и содержит информацию о задачах и ответственности, изложен- ную в настоящем Плане действий, а также в соответствующих положениях, в частности касающихся подотчетности всех сотрудников. Таким обучением охватываются все кате- гории персонала. При необходимости, обучение может организовываться и на местах, с тем, чтобы сделать его доступным для персонала, нанимаемого на местах. a) В учебные программы, ориентированные, в частности, на подготовку полицейских и пограничных наблюдателей, будут включены отдельные модули, посвященные борьбе с бытовым насилием и торговлей людьми. b) Руководители институтов и миссий, а также директора играют направляющую роль в создании условий для обучения сотрудников, обеспечивая женщинам и мужчинам рав- ные возможности для посещения занятий. Кроме того, к ним будет поступать информация о политике ОБСЕ в гендерных вопросах, и в частности о процедурах подачи и рассмотре- ния жалоб. • Второй модуль посвящен систематическому учету гендерной проблематики в программах и проектах ОБСЕ и ее мероприятиях по техническому сотрудничеству с целью последо- вательного отражения в них аспектов, касающихся гендерного равенства. Речь идет об анализе и реализации политики и мер, ставящих в качестве конкретной цели достиже- ние равноправия посредством активного отражения гендерных требований на стадии планирования, представления докладов, выполнения и оценки.
12. Во все программы подготовки кадров включаются положения, касающиеся рассмотрения и оценки, которые позволяют через регулярные промежутки определять их эффективность.
13. Координатору ОБСЕ по подготовке кадров поручается разработка и осуществление – в тесном взаимодействии с подразделениями и контактными лицами, занимающимися гендерными вопросами в Организации, и с опорой на сеть контактных лиц, отвечающих за подготовку кадров, – мер, вытекающих из настоящего Плана действий в части подго- товки кадров.
Управление
14. Генеральный секретарь, а также руководители институтов и миссий осуществляют реши- тельное и активное руководство процессом надлежащего обеспечения среди сотрудников Организации осведомленности по гендерным вопросам и наращивают усилия по формиро- ванию основанных на чуткости к гендерным аспектам и профессионализме рабочего кли- мата и культуры управления. Вклад в создание такого рабочего климата вносят также все должностные лица ОБСЕ, и в частности сотрудники, занимающие руководящие должно- сти. При замещении управленческих должностей важное значение придается подысканию кандидатов, проявляющих чуткость в гендерных вопросах и понимающих важность откры- той для всех сотрудников корпоративной культуры. На директора Департамента людских ресурсов возлагается ответственность за анализ и, при необходимости, ужесточение поли- тики ОБСЕ, направленной против домогательств, включая сексуальные домогательства. Он будет заниматься распространением информации и повышением осведомленности сотруд- ников относительно домогательств на работе, а также существующих мер их предупрежде- ния и пресечения и будет побуждать тех, кто подвергся домогательствам, к подаче жалоб.
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15. При служебной аттестации управленцев будет производиться оценка их привержен- ности принципу гендерного равенства. Для этого Департаментом людских ресурсов будет разработана система показателей по гендерному равенству с указанием конкретных мер, позволяющих производить сопоставление результатов по всем службам.
16. Государствами-участниками и(или) Секретариатом будет производиться анализ дей- ствующих в Организации положений, правил, директив и инструкций на предмет учета в них, в необходимых случаях, гендерной проблематики.
17. Под председательством руководителей институтов, миссий и директоров Секретариата будут регулярно проводиться встречи с персоналом для рассмотрения гендерных аспектов работы их соответствующих структур, выявления областей, требующих внимания, и ори- ентации всех сотрудников на учет гендерных аспектов в их работе.
18. Секретариат и БДИПЧ будут и впредь активно участвовать в обмене информацией с соот- ветствующими международными, межправительственными и региональными организа- циями по вопросам, касающимся учитывающей гендерную специфику политики в области управления. В частности, Секретариат будет наращивать взаимодействие с Парламентской ассамблеей ОБСЕ по вопросам гендерного равенства. Секретариат, институты и миссии обеспечат обнародование настоящего Плана действий.
Набор персонала
19. Набор персонала в ОБСЕ производится на основе транспарентных процедур, предусма- тривающих открытый конкурс с участием граждан государств-участников, что позволит обеспечить наивысший уровень работоспособности, компетентности и добросовестности.
20. Набор персонала осуществляется в полном соответствии с положением 3.01 Положе- ний о персонале ОБСЕ, включая принцип найма персонала из всех государств-участников ОБСЕ на справедливой основе.
21. Желательно, чтобы государства-участники чаще выдвигали кандидатуры женщин при замещении должностей в ОБСЕ, в частности, должностей высокого уровня, на которых женщины недопредставлены; предусматриваемые для этого меры включают выявление на национальном уровне дополнительных источников при поиске кандидатур и налажива- ние контактов с профессиональными организациями, способными помочь в подыскании подходящих кандидатов. Следует обеспечить более широкое ознакомление граждан госу- дарств-участников, особенно женщин из государств-участников, находящихся на переход- ном этапе, с информацией о вакансиях в ОБСЕ и побуждать их к подаче заявлений о найме.
22. Желательно, чтобы государства-участники составили списки потенциальных кандидатов из числа женщин с особым акцентом на тех профессиях, где женщины недопредставлены.
23. Действующий председатель и Секретариат будут инициативно поощрять выдвижение женских кандидатур, в частности на должности высокого уровня, руководствуясь Поло- жениями о персонале ОБСЕ.
24. Секретариатом будут внесены изменения в текст объявлений о вакансии, призванные побудить женщин к подаче заявлений о приеме на работу.
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25. Кроме того, Секретариат будет совершенствовать планирование людских ресурсов, с тем, чтобы на возможно более раннем этапе информировать государства-участники о появле- нии вакансий и тем самым дать им достаточное время для подыскания и выдвижения ква- лифицированных кандидатов из числа женщин.
26. Действующий председатель, Генеральный секретарь, руководители институтов и миссий на постоянной основе стремятся улучшить соотношение мужчин и женщин среди работни- ков на всех уровнях. Результаты этой работы, включая статистические данные об отобран- ных кандидатах-женщинах, будут рассматриваться в ежегодном аналитическом докладе по гендерным вопросам в ОБСЕ, который будет представляться Генеральным секретарем согласно пункту 47 ниже.
27. Департамент людских ресурсов регулярно проводит анализ процедур набора персонала и должностных обязанностей с гендерной точки зрения на предмет выявления возможных элементов предвзятости в отношении соискателей-женщин и препятствий для их найма и, при необходимости, вносит соответствующие коррективы в эти процедуры.
28. При укомплектовании управленческих постов Департамент людских ресурсов будет стремиться обеспечить, там, где это возможно, приглашение на собеседование кандидатов и того, и другого пола, и составление, по мере необходимости, короткого списка, сбаланси- рованного в гендерном отношении. В короткий список кандидатов, приглашаемых на собе- седование, должна включаться информация о фактическом количестве мужчин и женщин, претендовавших на замещение данной должности.
29. Состав комиссий для собеседования должен быть по возможности сбалансированным в гендерном отношении.
30. Департамент людских ресурсов Секретариата будет ежегодно проводить координаци- онное совещание с участием представителей делегаций и командированных столицами экспертов по подготовке кадров/набору персонала для обмена информацией о требуемой квалификации и навыках и примерами наилучшей практики в области учебной подготовки перед направлением в миссии. На этих совещаниях будут также обсуждаться меры по обе- спечению гендерной сбалансированности при наборе персонала.
31. Секретариат будет и впредь ежегодно подготавливать статистические данные о коли- чественном распределении должностей между мужчинами и женщинами в разбивке по каждому классу. Эти данные, охватывающие сведения по институтам и миссиям, а также по каждому департаменту и подразделению Секретариата, будут прилагаться к ежегодному аналитическому докладу Генерального секретаря по гендерным вопросам, о котором гово- рится ниже, в пункте 47.
(В) Систематический учет гендерной проблематики в деятельности, политике, программах и проектах ОБСЕ
32. Государства-участники, Секретариат, институты и миссии обеспечивают учет ген- дерных аспектов в деятельности, программах и проектах ОБСЕ. Это делается с целью утверждения на практике гендерного равенства в регионе ОБСЕ, являющегося необходи- мым условием всеобъемлющей безопасности; акцент делается, в частности, на расширении возможностей для женщин и на участии женщин наравне с мужчинами в общественной, политической и экономической жизни в контексте развития демократии и экономики в государствах-участниках. Цель систематического учета гендерной проблематики состоит
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также в преодолении негативных стереотипов и изменении представлений, а также в вос- питании отношения, создающего почву для обеспечения равенства женщин и мужчин во всех государствах-участниках.
33. Обеспечивается вовлечение в работу советников по гендерным вопросам в Секретари- ате, институтах и структурах на местах на раннем этапе выработки новых директив, правил и положений. В своих регулярных отчетах перед Постоянным советом миссии и институты информируют его, по мере необходимости, о ходе работы по систематическому учету ген- дерной проблематики, а также о возникающих проблемах.
34. Центр по предотвращению конфликтов (ЦПК), и в частности группа по координации проектов (ГКП), будет оказывать помощь в обеспечении аналитической проработки мис- сиями, институтами и подразделениями Секретариата под углом зрения гендерного равен- ства новых проектов, а также осуществляемых проектов при проведении их оценки.
35. При разработке проектов и программ для государств-участников, в которых миссии ОБСЕ не развернуты, Секретариат и институты принимают во внимание гендерные аспекты.
36. В работе по систематическому учету гендерной проблематики в деятельности, политике, проектах и программах ОБСЕ в области военно-политического измерения, принимаются во внимание обязательства, вытекающие из резолюции 1325 Совета Безопасности, которая предусматривает расширение участия женщин, в частности, в деятельности по предотвра- щению конфликтов и в процессах постконфликтного восстановления.
37. Государства-участники при содействии Председательства, Генерального секретаря и руко- водителей институтов обеспечивают, чтобы планирование конференций и семинаров ОБСЕ по всем трем измерениям осуществлялось с учетом гендерного аспекта и при необходимо- сти включало связанные с этим вопросы.
38. Институтам и миссиям, ведущим работу по гендерным вопросам, следует для дости- жения ощутимого прогресса в области систематического учета гендерной проблематики в деятельности ОБСЕ, ее проектах и программах разработать совместно с государствами-у- частниками механизмы для принятия конкретных последующих мер.
39. Миссии будут в соответствующих случаях создавать в своем составе рабочие группы по гендерным вопросам под руководством контактного лица по гендерным вопросам для разработки стратегий систематического учета гендерной проблематики, наблюдения за их осуществлением и привлечения дополнительного внимания к своей деятельности, свя- занной с гендерными вопросами. В обязанности руководителей миссий входит обеспече- ние того, чтобы контактные лица по гендерным вопросам занимали достаточно высокое положение и чтобы им был обеспечен беспрепятственный доступ к старшему руководству.
40. Отдел прессы и общественной информации в Секретариате, институтах и миссиях будет поощрять гендерную сбалансированность представляемой информации и соответствую- щим образом освещать встречи, семинары, специальные мероприятия, доклады, конкрет- ные случаи и события, имеющие отношение к принятым в ОБСЕ обязательствам в области гендерного равенства.
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IV. Поддержка гендерного равенства в государствах-участниках
41. Государства-участники индивидуально и коллективно несут основную ответственность и подотчетны своим гражданам в том, что касается выполнения их обязательств относи- тельно равенства прав и равных возможностей для женщин и мужчин. Они обязались сде- лать равенство между женщинами и мужчинами неотъемлемой частью политики как на государственном уровне, так и в рамках Организации. Они обеспечат всемерное исполь- зование соответствующих форумов ОБСЕ для обзора выполнения принятых в ОБСЕ обя- зательств, касающихся равенства между женщинами и мужчинами.
42. Соответственно, государствам-участникам рекомендуется: • обеспечить разработку Организацией политики, эффективно способствующей гендер- ному равенству, а также учет гендерных аспектов в новых предложениях и инициативах; • создать или укрепить существующие механизмы для обеспечения гендерного равенства, в том числе путем предоставления доступа к услугам непредвзятого и независимого лица или органа – такого, как омбудсмен/комиссар по правам человека – в целях рассмотре- ния вопросов о дискриминации отдельных граждан на гендерной почве; • соблюдать и в полном объеме воплощать в жизнь принятые ими международные нормы и обязательства, касающиеся равенства, недопущения дискриминации, а также прав женщин и девочек; • соблюдать Конвенцию о ликвидации всех форм дискриминации в отношении женщин (КЛДЖ), если они являются ее сторонами, либо рассмотреть вопрос о ратификации этой конвенции или присоединении к ней, если они еще не сделали этого. Государства, ратифи- цировавшие данную конвенцию или присоединившиеся к ней с оговорками, рассмотрят возможность снятия этих оговорок. Государствам, являющимся сторонами КЛДЖ, пред- лагается также рассмотреть вопрос о ратификации Факультативного протокола к Кон- венции о ликвидации всех форм дискриминации в отношении женщин; • если они являются сторонами Конвенции о ликвидации всех форм дискриминации в отно- шении женщин (КЛДЖ), Международного пакта о гражданских и политических правах (МПГПР) и/или Международного пакта об экономических, социальных и культурных правах (МПЭСКП), регулярно и своевременно представлять отчеты соответствующим органам и привлекать к подготовке своих отчетов женские организации; • предпринимать, где это необходимо, дальнейшие действия по обеспечению своим граж- данам безопасных условий жизни и права на равную защиту в соответствии с законом, в частности, путем наращивания деятельности, направленной на ликвидацию всех форм насилия в отношении женщин, включая торговлю людьми*, и побуждать тех, кто еще не сделал этого, ратифицировать и осуществлять Конвенцию ООН против транснациональ- ной организованной преступности и ее Протокол о предупреждении и пресечении тор- говли людьми, особенно женщинами и детьми, и наказании за нее; • поддерживать национальные и международные усилия по привлечению к ответственно- сти лиц, совершивших против женщин преступления, которые в соответствии с приме- нимыми нормами международного права квалифицируются как военные преступления или преступления против человечности, и обеспечивать исполнение действующего наци- онального законодательства о насилии в отношении женщин, а также, при необходимо- сти, разработку нового законодательства;
* Cм. Решение № 557 Постоянного совета от 24 июля 2003 года об утверждении Плана действий ОБСЕ по борьбе с торговлей людьми.
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• в соответствии с рекомендациями, изложенными в Руководящих принципах по вопро- сам международной защиты, касающимся преследования по гендерному признаку, в кон- тексте статьи 1А (2) Конвенции 1951 года о статусе беженцев и/или Протокола 1967 года к ней, касающегося статуса беженцев, ввести в государствах, которые еще не сделали этого, процедурную практику, обеспечивающую надлежащее рассмотрение ходатайств женщин в процессе определения статуса беженцев, а также уделение надлежащего вни- мания всему спектру жалоб на преследования на гендерной почве; • опираясь на опыт ОБСЕ, разработать политику и стратегии обеспечения гендерного равенства во всех измерениях и включить в число мер по осуществлению такой поли- тики, среди прочего, применение механизмов гендерного анализа и мониторинга для оценки эффективности политики и стратегий в гендерной области в интересах выявле- ния и устранения факторов, препятствующих их полному осуществлению.
V. Поддержка выполнения государствами-участниками ОБСЕ соответствующих обязательств по поддержке равенства между женщинами и мужчинами
Области, представляющие особый интерес для всех государств-участников ОБСЕ
43. Перечисленные ниже приоритетные области должны приниматься Секретариатом, институтами и миссиями ОБСЕ за основу при разработке планов и программ оказания государствам-участникам по их просьбе содействия в выполнении соответствующих обяза- тельств. Все структуры ОБСЕ должны стремиться соблюдать эти приоритеты соответственно содержанию своих мандатов. Странам, где нет миссий, также настоятельно предлагается в полной мере использовать экспертный потенциал структур ОБСЕ в поддержку своих усилий по утверждению гендерного равенства, так как полное равенство еще не обеспе- чено ни в одной стране.
44. Приоритеты а) Разработка проектов в государствах ОБСЕ, где отсутствуют миссии • в странах, где нет миссий, БДИПЧ будет осуществлять подбор проектов для поддержки мер в таких областях, как недопущение насилия в отношении женщин, содействие уча- стию женщин в общественной, политической и экономической жизни и поддержка систе- матического учета гендерной проблематики на национальном уровне. b) Обеспечение недискриминационного характера правовых и политических систем • БДИПЧ в сотрудничестве с другими международными организациями и соответству- ющими национальными органами и институтами будет оказывать государствам-участ- никам ОБСЕ помощь в соблюдении положений международно-правовых документов, направленных на поддержку гендерного равенства и прав женщин, а также в пересмо- тре законодательства на предмет обеспечения соответствующих правовых гарантий под- держки гендерного равенства в соответствии с обязательствами, принятыми в рамках ОБСЕ, и другими обязательствами; • БДИПЧ будет оказывать помощь в разработке и осуществлении конкретных программ и мероприятий по поддержке прав женщин, повышению роли женщин на всех уровнях принятия решений и содействию равенству между женщинами и мужчинами повсюду в регионе ОБСЕ, в частности посредством образования и повышения осведомленности о гендерных проблемах;
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• БДИПЧ будет содействовать осуществлению и оценке национальных стратегий и пла- нов действий, предусматривающих меры по поддержке гендерного равенства и система- тическому учету гендерной проблематики; • Секретариат и институты ОБСЕ и ее операции на местах также будут содействовать государствам-участникам в выполнении соответствующих положений и рекомендаций, содержащихся в Плане действий ОБСЕ по борьбе с торговлей людьми и Плане действий ОБСЕ по улучшению положения рома и синти в регионе ОБСЕ. с) Недопущение насилия в отношении женщин* • Структуры ОБСЕ будут продолжать оказывать государствам-участникам помощь в раз- работке программ и мероприятий, направленных на предотвращение всех форм наси- лия на гендерной почве†; • структуры ОБСЕ будут оказывать государствам-участникам содействие посредством законодательных инициатив по предотвращению насилия в отношении женщин и будут способствовать построению институтов, укреплять координацию действий между госу- дарственными учреждениями и гражданским обществом и повышать общую осведом- ленность о данной проблеме; • структуры ОБСЕ будут во взаимодействии с государствами-участниками рассматривать гендерные аспекты распространения легкого и стрелкового оружия (ЛСО). Распростра- нение ЛСО усугубляет насилие в отношении женщин и, соответственно, усилия в этой области должны предприниматься с учетом гендерного аспекта; • Группа по стратегическим вопросам полицейской деятельности (ГСПД) будет активизи- ровать разработку своих проектов в целях содействия государствам-участникам в реа- гировании на преступления, связанные с половым насилием, и включении в программы подготовки полицейских таких элементов, как особые методы расследования и навыки снятия показаний с жертв сексуальных посягательств, включая детей, а также сведения о механизмах передачи и рассмотрения дел, предназначенных для оказания помощи потерпевшим; • Бюро Координатора деятельности в области экономики и окружающей среды (БКДЭОС) и Группа по содействию борьбе с торговлей людьми (ГСБТЛ), занимаясь рассмотрением первопричин торговли людьми, будут на основе координации с соответствующими инсти- тутами и структурами ОБСЕ оказывать государствам-участникам помощь в решении проблем недостатка социальных возможностей для женщин и женской безработицы, а также других проблем, связанных с гендерными аспектами торговли людьми, включая спрос на сексуальную и другие формы эксплуатации;
* Пункт b статьи 2 Декларации Организации Объединенных Наций о ликвидации дискриминации в отношении женщин гласит: «Насилие в отношении женщин, как подразумевается, охватывает следу- ющие случаи, но не ограничивается ими: […] физическое, половое и психологическое насилие, которое имеет место в обществе в целом, включая изнасилование, половое принуждение, половое домогатель- ство и запугивание на работе, в учебных заведениях и в других местах, торговлю женщинами и при- нуждение к проституции». † Резолюция Организации Объединенных Наций, озаглавленная «Дальнейшие меры и инициативы по осуществлению Пекинской декларации и Платформы действий» (A/RES/S 23/3) от 16 ноября 2000 года гласит (пункт 59): «Насилие по признаку пола, в частности избиение и другое бытовое насилие, сексуаль- ная жестокость, сексуальное рабство и эксплуатация, международная торговля женщинами и детьми, принуждение к проституции и сексуальные домогательства… несовместимо с достоинством и ценно- стью человеческой личности…»
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• антитеррористическое подразделение (АТП) будет по соответствующим запросам пред- принимать меры в связи с проблемой эксплуатации женщин террористами, использую- щими их в своих целях и для пропаганды экстремистской идеологии; • поскольку негативные гендерные стереотипы способствуют продолжению насилия в отно- шении женщин, программы, проекты и мероприятия ОБСЕ должны быть нацелены на повышение потенциала и расширение возможностей женщин. d) Обеспечение равных возможностей для участия женщин в политической и обществен- ной жизни • БДИПЧ будет содействовать государствам-участникам в разработке эффективных мер по обеспечению равноправного участия женщин в демократических процессах и оказы- вать помощь в разработке оптимальной практики их осуществления; • БДИПЧ и операции ОБСЕ на местах будут по мере необходимости содействовать наращи- ванию на местах экспертного и иного потенциала в гендерной области, а также формиро- ванию сетей, объединяющих лидеров местной общественности и политических деятелей; • БДИПЧ будет продолжать оказывать государствам-участникам содействие в вовлечении женщин в политическую жизнь. В рамках своих миссий по наблюдению за выборами оно будет и впредь отслеживать участие женщин в электоральных процессах и представлять информацию на эту тему. Кроме того, БДИПЧ будет по мере возможности обеспечивать подготовку и публикацию докладов, специально посвященных анализу положения жен- щин в контексте электоральных процессов; • Верховный комиссар по делам национальных меньшинств (ВКНМ) будет рассматри- вать конкретные вопросы, касающиеся роли женщин, принадлежащих к национальным меньшинствам, в общественной и частной жизни и будет в рамках политики и проек- тов, разрабатываемых его Бюро, предпринимать необходимые шаги для борьбы с двой- ной дискриминацией, которой подвергаются эти женщины, делая это в соответствующих случаях в контексте своего мандата по предотвращению конфликтов; • Представитель ОБСЕ по вопросам свободы средств массовой информации (ПССМИ) будет чутко реагировать на сигналы о серьезных проявлениях нетерпимости по отноше- нию к женщинам и о случаях подстрекательства к гендерной дискриминации в средствах массовой информации государств-участников или со стороны этих СМИ, в соответствии с главой 6 мандата ПССМИ. Представитель будет доводить такие случаи до сведения государств-участников в регулярно подготавливаемых им докладах. е) Поощрение участия женщин в предотвращении конфликтов, регулировании кризисов и постконфликтном восстановлении • структуры ОБСЕ будут сообразно своим мандатам способствовать осуществлению резо- люции 1325 (2000) Совета Безопасности о роли женщин, в частности, в предотвращении конфликтов и постконфликтном восстановлении; • структуры ОБСЕ будут в соответствующих случаях оказывать государствам-участникам помощь в разработке программ и проектов, направленных на предоставление женщи- нам равных возможностей для участия в усилиях по укреплению мира и безопасности, в том числе предпринимаемых на низовом и региональном уровнях. Повышение потен- циала женщин в области военно-политического измерения также является важнейшей предпосылкой всеобъемлющей безопасности. f) Содействие предоставлению женщинам равных возможностей в экономической сфере
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• БКДЭОС будет предпринимать инициативы по повышению осведомленности о правах женщин в экономической сфере, о чем говорится в пункте 40.6 Московского документа, и по мере необходимости разрабатывать проекты по их реализации; • БКДЭОС должно принимать гендерные аспекты во внимание при выполнении своих задач, намеченных в Документе-стратегии ОБСЕ в области экономического и экологи- ческого измерения, принятом на встрече Совета министров в Маастрихте в 2003 году, а также в документе Боннской конференции по экономическому сотрудничеству в Европе; • БКДЭОС будет оказывать государствам-участникам по их просьбе помощь в формули- ровании их экономической политики на базе принципов, изложенных в Боннском доку- менте и Стратегии ОБСЕ в области экономического и экологического измерения. В этой связи ОБСЕ следует продолжать и укреплять свое сотрудничество с Европейской эко- номической комиссией Организации Объединенных Наций и другими организациями; • БКДЭОС будет совместно с государствами-участниками и миссиями анализировать пре- пятствия, мешающие женщинам реализовать свой потенциал в экономической сфере, и разрабатывать проекты, способствующие повышению роли женщин в экономической деятельности и обеспечивающие, чтобы в этой области против них не допускалось дис- криминации – особенно в вопросах доступа к таким финансово-экономическим ресур- сам, как кредиты, имущество и права наследования, и в вопросах распоряжения ими; • БКДЭОС, а также, в соответствующих случаях, миссиям следует содействовать развитию у женщин предпринимательских и других связанных с трудовой деятельностью навыков, оказывая поддержку учебным заведениям, обеспечивающим профессиональную подго- товку, переподготовку и получение специального образования, а также поощряя изуче- ние и освоение женщинами и мужчинами нетрадиционных предметов и специальностей; • БКДЭОС будет побуждать международные организации-доноры и кредитные учрежде- ния поддерживать проекты, направленные на повышение роли женщин в экономиче- ской деятельности или на обеспечение равных условий найма на работу. В проектах по вопросам занятости важная роль должна отводиться тому принципу, что предоставле- ние как матерям, так и отцам возможностей ухода за детьми является ключевой пред- посылкой обеспечения равных возможностей и распределения ответственности между женщинами и мужчинами; • структуры ОБСЕ будут содействовать государствам-участникам в обеспечении того, чтобы не только женщины и мужчины, но и девочки и мальчики имели равные возмож- ности для получения образования и профессиональной подготовки. g) Создание национальных механизмов для улучшения положения женщин • БДИПЧ будет и впредь по мере необходимости предоставлять «ноу-хау» и оказывать под- держку в области построения демократических институтов для обеспечения гендерного равенства, таких, как бюро омбудсменов местного и национального уровня; • БДИПЧ будет облегчать диалог и сотрудничество между гражданским обществом, сред- ствами массовой информации и государством по вопросам учета гендерной проблематики. h) Представляется желательным, чтобы Парламентская ассамблея: • сохраняла в своей повестке дня вопрос о равных возможностях для мужчин и женщин в национальных парламентах, а также в рамках ОБСЕ и Парламентской ассамблеи ОБСЕ, сделав гендерное равенство одной из постоянных тем, обсуждаемых на пленарных засе- даниях Ассамблеи; • усилиями специального представителя ПА ОБСЕ по гендерным вопросам обеспечивала дальнейшее развитие существующей сети женщин-парламентариев в целях расширения
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участия женщин в политической и общественной жизни как на национальном, так и на международном уровне; • обеспечивала при содействии специального представителя дальнейшее выдвижение реко- мендаций, касающихся гендерного равенства, в своих ежегодных декларациях; • продолжала через группу по гендерным вопросам в секретариате ПА ОБСЕ готовить доклады о положении женщин в регионе ОБСЕ и стремилась повышать осведомлен- ность об этом, предоставляя такие материалы в распоряжение парламентов всех госу- дарств-участников.
VI. Общие меры по выполнению
45. Генеральный секретарь, руководители миссий и руководители институтов несут ответ- ственность перед Постоянным советом за выполнение касающихся их положений настоя- щего Плана действий, в соответствии с кругом своих обязанностей.
46. Генеральный секретарь к 1 октября 2005 года разработает план осуществления мер по достижению общих целей настоящего Плана действий. Руководители институтов к этому сроку также разработают собственные отдельные планы осуществления. Эти планы будут включать конкретные меры по выполнению Плана действий 2004 года по поддержке ген- дерного равенства, меры, касающиеся программ подготовки, направленных на учет ген- дерной проблематики в работе должностных лиц ОБСЕ, меры по систематическому учету гендерной проблематики в политике, проектах и программах ОБСЕ по всем измерениям и, наконец, стратегии в области управления и подбора кадров, направленные на достиже- ние гендерной сбалансированности на всех уровнях.
47. Генеральный секретарь включит информацию о ходе работы по гендерным вопросам в свой ежегодный доклад за 2004 год. В дальнейшем Генеральный секретарь будет ежегодно представлять доклад об оценке положения в ОБСЕ в гендерной области. Этот доклад будет представляться Постоянному совету в июне каждого года, начиная с 2006 года. Упомяну- тые доклады об оценке будут содержать полученные от департаментов, а также от институ- тов и миссий материалы о развитии ситуации с гендерным равенством и учетом гендерных аспектов в структурах ОБСЕ, включая информацию о планах, о которых говорится в пун- кте 46 выше. Они будут включать анализ достигнутого в свете требований настоящего Плана действий.
48. Начиная с июня 2006 года Постоянный совет будет на основе ежегодного доклада Гене- рального секретаря об оценке положения в гендерной области проводить ежегодное обсуж- дение, специально посвященное гендерным вопросам, которое будет включать обзор и, при необходимости, обновление политики и стратегий, направленных на учет гендерной про- блематики и поддержку гендерного равенства. Это обсуждение должно также использо- ваться для надзора за выполнением настоящего Плана действий.
49. В случае и по мере необходимости может рассматриваться вопрос о включении в ман- даты миссий положений о гендерных аспектах, разработанных в сотрудничестве с прини- мающими странами.
50. Время следующего рассмотрения Плана действий 2004 года по поддержке гендерного равенства будет определено по усмотрению Постоянного совета.
51.Выполнение настоящего Плана действий требует выделения надлежащих ресурсов.
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I. Заявления и декларации Совета министров
Заявление министров о международной конвенции о борьбе с актами ядерного терроризма
1. Мы, министры иностранных дел государств – участников ОБСЕ, приветствуем принятие Генеральной ассамблеей Организации Объединенных Наций Международной конвенции о борьбе с актами ядерного терроризма.
2. Мы обязуемся предпринять все усилия к тому, чтобы подписать эту Международную конвенцию в день ее открытия к подписанию в штаб-квартире Организации Объединен- ных Наций в Нью-Йорке 14 сентября 2005 года.
3. Мы поощряем реализацию всех необходимых мер, направленных на то, чтобы ратифи- цировать, принять, утвердить или иным способом стать участником этой Международной конвенции в возможно короткие сроки.
4. Мы настоятельно призываем Генерального секретаря ОБСЕ и Бюро ОБСЕ по демокра- тическим институтам и правам человека оказывать ходатайствующим государствам-у- частникам по их официальной просьбе и по мере необходимости техническое содействие/ консультационные услуги по безотлагательной ратификации, принятию или утверждению этой Международной конвенции, в тесном сотрудничестве с Управлением Организации Объединенных Наций по наркотикам и преступности.
5. Мы приглашаем партнеров ОБСЕ по сотрудничеству и средиземноморских партнеров по сотрудничеству присоединиться к нашей инициативе.
Декларация встречи министров ОБСЕ о 20-й годовщине аварии на чернобыльской атомной электростанции
26 апреля 2006 года исполняется 20 лет с момента аварии на Чернобыльской атомной элек- тростанции (АЭС).
Отмечая это трагическое событие, мы вновь вспоминаем о всех жертвах, включая всех лик- видаторов и спасателей, этой крупнейшей как по масштабам, так и по последствиям техно- логической катастрофы XX века.
Авария вызвала масштабное радиоактивное заражение обширных областей в Европе, наи- более серьезно затронув территории Беларуси, Российской Федерации и Украины. Она
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негативно сказалась на жизни и здоровье миллионов людей, в том числе детей, став тяжелым экономическим и экологическим бременем для наиболее пострадавших от нее государств.
Мы ценим колоссальные усилия, предпринятые правительствами соответствующих стран по преодолению последствий чернобыльской аварии. Весомым дополнением к этим уси- лиям стало и участие международного сообщества, в том числе учреждений системы Орга- низации Объединенных Наций, Всемирного банка и Европейского банка реконструкции и развития (ЕБРР), с целью оказания помощи для смягчения последствий этой катастрофы. Мы также с признательностью отмечаем вклад неправительственных организаций, част- ных инициатив и отдельных граждан.
Однако и по сей день не преодолены долгосрочные последствия аварии, к числу которых относятся гуманитарные, экологические, социально-экономические проблемы и проблемы здоровья людей. Поэтому необходимо продолжать усилия по смягчению этих последствий с акцентом в первую очередь на таких жизненно важных вопросах, как восстановление эко- номики и окружающей среды и устойчивое развитие пострадавших территорий.
Мы отдаем себе отчет и в том, что Чернобыльская АЭС остается источником потенци- альной угрозы в центре Европы. В этой связи следует сосредоточить особое внимание на завершении Плана осуществления мероприятий на объекте «Укрытие», а именно на соо- ружении главного недостающего элемента – нового свода защитного корпуса. Мы призна- тельны международному сообществу за усилия по увеличению в нынешнем году суммы финансовых обязательств о выплате взносов в фонд ЕБРР на цели Чернобыльского укры- тия до уровня более 1 млрд. долл. США.
Экологические вопросы всегда фигурировали в мандате ОБСЕ, что отражает всеобъем- лющий подход Организации к вопросам безопасности и сотрудничества. В хельсинкском Заключительном акте мы договорились изучать проблемы окружающей среды, которые по своей природе носят многосторонний, двусторонний, региональный или субрегиональ- ный характер, имея в виду их решение, а также поощрять развитие комплексного подхода к проблемам окружающей среды.
В этой связи ОБСЕ будет и впредь вносить свой вклад в международное сотрудничество по преодолению последствий чернобыльской аварии, в том числе путем участия в осуществле- нии и поддержки соответствующих проектов, и оказывать надлежащую экспертную и иную помощь на основе консультаций с заинтересованными государствами.
Отмечая это трагическое событие, мы считаем, что чернобыльская катастрофа продемон- стрировала важность разработки и реализации международным сообществом согласованной политики и стратегии, обеспечивающих наличие соответствующих механизмов преду- преждения технологических аварий, реагирования на них и преодоления их последствий для людей и окружающей среды. Мы также считаем, что для нахождения эффективного ответа на такие вызовы необходимы согласованные усилия заинтересованных государств, соответствующих международных организаций, финансовых учреждений и других заин- тересованных доноров.
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II. Концепция в области безопасности границ и пограничного режима
Рамки для сотрудничества государств – участников ОБСЕ
Глава I. Обязательства государств – участников ОБСЕ
1. Признавая, что обеспечение безопасности границ и пограничного режима относится к сфере национального суверенитета и ответственности государств, государства – участники ОБСЕ вновь подтверждают свою приверженность обеспечению открытости и безопасности границ на свободном, демократическом и более интегрированном пространстве ОБСЕ без разделительных линий. При этом они также обязуются сотрудничать на основе принципов международного права, взаимного доверия, равноправного партнерства, транспарентно- сти и предсказуемости, следуя всеобъемлющему подходу в духе поощрения дружествен- ных отношений между государствами.
2. Государства – участники ОБСЕ вновь подтверждают свои юридические и политические обязательства по вопросам, касающимся границ, принятые ими на всех уровнях: 2.1 На глобальном уровне: по вопросам безопасности границ и пограничного режима госу- дарства-участники вновь подтверждают свои обязательства согласно международному праву, в частности международным стандартам в области прав человека, беженскому праву и гуманитарному праву, и могут также учитывать стандарты и рекомендации Всемирной таможенной организации, Международной организации по вопросам миграции, Между- народной организации труда, Управления Верховного комиссара Организации Объединен- ных Наций по делам беженцев и других соответствующих международных организаций; 2.2 На уровне ОБСЕ: государства-участники вновь подтверждают нормы, принципы, поли- тические обязательства и ценности, провозглашенные в хельсинкском Заключительном акте, все из которых применяются одинаково и неукоснительно при интерпретации каж- дого из них с учетом других. Они вновь подтверждают принципы и политические обяза- тельства, содержащиеся в Копенгагенском документе 1990 года, Хельсинкском документе 1992 года и Хартии европейской безопасности 1999 года. Они напоминают о планах дей- ствий, решениях и других соответствующих согласованных документах ОБСЕ, посвященных вопросам, касающимся границ. В частности, укрепление потенциала ОБСЕ по обеспече- нию открытости и безопасности границ и развитие взаимовыгодного межгосударственного сотрудничества служат средствами противодействия угрозам терроризма, организованной преступности, нелегальной миграции, а также незаконного оборота оружия, наркотиков и людей, как установлено в пункте 35 Стратегии ОБСЕ по противодействию угрозам безо- пасности и стабильности в XXI веке; 2.3 На региональном и субрегиональном уровнях: в том же духе государства- участники вновь подтверждают свои юридические и политические обязательства, принятые ими во всех региональных и субрегиональных форматах, в состав которых они входят, и обязу- ются развивать сотрудничество друг с другом в рамках всех соответствующих организаций и учреждений с целью обеспечить последовательность политики и стандартов и избежать дублирования усилий; 2.4 В двустороннем порядке: в духе солидарности и в целях развития добрососедских отно- шений государства-участники будут выполнять свои двусторонние договоренности по вопросам, касающимся границ, и предпринимать усилия по расширению обмена опытом и информацией об оптимальной практике.
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Глава II. Основные цели сотрудничества
3. Сотрудничество между государствами-участниками направлено на содействие выполне- нию политических обязательств, касающихся границ. Оно должно создавать условия для выполнения признанных государствами-участниками стандартов в области безопасности границ и пограничного режима, а также для их совершенствования, в частности, на основе обмена информацией об оптимальной практике.
4. Государства-участники будут развивать сотрудничество между своими пограничными и таможенными службами, ведомствами, отвечающими за выдачу документов на въезд и выезд и виз, правоохранительными органами и миграционными службами, а также дру- гими компетентными национальными ведомствами в интересах достижения следующих целей: 4.1 Содействовать свободному и безопасному передвижению людей, товаров, услуг и инве- стиций через границы в рамках соответствующих правовых норм, международного права и принятых в ОБСЕ обязательств, в частности, путем повышения надежности докумен- тов на въезд и выезд и содействия формированию, в необходимых случаях, условий, бла- гоприятных для либерализации визовых режимов, в духе обязательств, зафиксированных в вышеупомянутых документах; 4.2 Сокращать угрозу терроризма, в том числе путем предупреждения трансграничного перемещения лиц, оружия и денежных средств, связанных с террористической и иной пре- ступной деятельностью; 4.3 Предотвращать и пресекать транснациональную организованную преступность, неле- гальную миграцию, коррупцию, контрабанду и незаконную торговлю оружием, наркоти- ками и людьми; 4.4 Поощрять высокие стандарты в работе пограничных служб и компетентных нацио- нальных органов; 4.5 Содействовать обеспечению достойного обхождения со всеми лицами, желающими пересекать границы, согласно соответствующим национальным правовым нормам, меж- дународному праву, в частности, международным стандартам в области прав человека, беженскому праву и гуманитарному праву, а также соответствующим обязательствам, при- нятым в рамках ОБСЕ; 4.6 Создавать благоприятные условия для социально-экономического развития в пригра- ничных районах, а также для процветания и культурного развития лиц, принадлежащих к любым общинам, проживающим в приграничных районах, с обеспечением доступа ко всем возможностям; 4.7 Расширять перспективы для совместного экономического развития и оказывать помощь в формировании общих пространств свободы, безопасности и справедливости в регионе ОБСЕ; 4.8 Обеспечивать безопасность международных транспортных сетей грузоперевозки.
Глава III. Принципы сотрудничества государств – участников ОБСЕ по относящимся к границам вопросам
Руководствуясь принятым в ОБСЕ подходом, основанным на сотрудничестве:
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5. Государства-участники соглашаются в том, что их общее процветание и безопасность могут быть обеспечены путем более интенсивного взаимовыгодного передвижения через границы людей, товаров, услуг и инвестиций.
6. Вопросы регулятивного характера, возникающие в связи с трансграничными передвиже- ниями, лучше всего поддаются решению в рамках прямого сотрудничества между погра- ничными службами и компетентными национальными органами государств-участников на основе соответствующих соглашений. Такое сотрудничество должно осуществляться на двустороннем, региональном и многостороннем уровнях.
7. Лучше всего возникающими в этой связи вопросами владеют суверенные национальные органы, в частности, компетентные пограничные службы по обе стороны границы. Транс- граничный диалог, транспарентность и укрепление доверия являются первым логическим шагом на пути к выработке решений, обеспечивающих «добавленную стоимость» и отве- чающих интересам всех.
8. Границы в регионе ОБСЕ неодинаковы. Каждая из них имеет свои особенности и может требовать специфических подходов. Каждое государство-участник обладает суверенным правом выбирать свои способы обеспечения безопасности собственных границ и свой соб- ственный пограничный режим, принимая во внимание соответствующие соображения политического, военного, экономического и социального характера.
Глава IV. Вклад ОБСЕ
9. Согласно своей концепции общей, всеобъемлющей и неделимой безопасности, основан- ной на сотрудничестве, ОБСЕ обеспечивает соответствующие политические рамки и пред- лагает услуги своих структур и институтов в целях возможного участия. Она действует по запросу государств-участников в духе солидарности и партнерства на принципах взаим- ной заинтересованности и уважения. В случае если ОБСЕ будет предоставлять свои услуги в приграничных территориях соседствующих государств- участников, она будет действо- вать после тесных консультаций с этими государствами- участниками и принимая во вни- мание изложенные ими мнения.
10. В своей работе в интересах обеспечения безопасности границ и пограничного режима ОБСЕ будет руководствоваться реалистичным, прагматичным подходом. Она будет в полной мере использовать свои структуры и институты, вопрос об укреплении которых заслуживает рассмотрения. Деятельность ОБСЕ по вопросам границ подлежит периодическому обзору и мониторингу со стороны директивных органов ОБСЕ и в рамках бюджетного процесса.
11. ОБСЕ обеспечит постоянный политический диалог по вопросам, касающимся границ, посредством обсуждения в рамках соответствующей консультативной рабочей структуры вопросов, связанных с выполнением обязательств и дальнейшим развитием сотрудниче- ства государств-участников в этой области, а также с выработкой ориентировок для струк- тур и институтов ОБСЕ.
12. ОБСЕ сохраняет за собой функцию форума диалога и урегулирования конфликтов путем мирного диалога. В этой связи государства, признающие юрисдикцию Суда ОБСЕ по при- мирению и арбитражу, могут пользоваться его услугами для получения по их просьбе кон- сультаций и конфиденциальных юридических заключений.
13. Возможный вклад ОБСЕ может реализовываться, в частности, следующими методами:
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• обмен информацией, опытом и примерами наилучшей практики; • учреждение контактных пунктов и национальных координационных центров; • проведение семинаров и конференций, в том числе с участием экспертов; • поддержание контактов и взаимодействие с компетентными международными и регио- нальными организациями.
Более подробный перечень возможных форм вклада ОБСЕ приводится в Приложении.
Глава V. Внешнее сотрудничество ОБСЕ с международными организациями и партнерами
14. ОБСЕ может предлагать свои организационные рамки для взаимодействия с между- народными, региональными и субрегиональными организациями по вопросам, касаю- щимся границ, руководствуясь Платформой безопасности, основанной на сотрудничестве.
15. Международное сотрудничество и помощь могли бы выиграть от более целенаправлен- ного и скоординированного подхода. В вопросах обеспечения открытости и безопасно- сти границ ОБСЕ следует координировать свои действия на политическом и оперативном уровне с другими международными организациями и институтами. Скоординированный подход должен основываться на принципах взаимодополняемости, сравнительных преи- муществ и «добавленной стоимости» и претворяться в жизнь, в частности, путем согласо- ванных действий и совместного развертывания международных ресурсов.
16. Будучи региональным соглашением по смыслу главы VIII Устава Организации Объе- диненных Наций, ОБСЕ также служит форумом для сотрудничества с субрегиональными организациями в своем регионе. Наращивание сотрудничества по вопросам безопасности границ и пограничного режима на субрегиональном уровне может способствовать созда- нию в масштабах всей ОБСЕ открытых и безопасных границ.
17. Партнеры по сотрудничеству будут руководствоваться положениями настоящей Кон- цепции на добровольной основе.
Приложение к Решению 2/05: Возможный вклад ОБСЕ
Формы вклада ОБСЕ, вносимого по просьбе заинтересованных государств- участников там, где могут быть обеспечены сравнительные преимущества и «добавленная стоимость», на основе опыта осуществления программ в области границ, могли бы быть, в частности, следующими:
А. Содействие
1. Политический диалог между государствами-участниками по вопросам, касающимся гра- ниц, включая «добрые услуги» со стороны ОБСЕ;
2. Меры укрепления доверия в приграничных районах, о которых говорится в соответ- ствующих документах ОБСЕ, а также в решениях, выработанных Форумом по сотрудни- честву в области безопасности;
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3. Технический диалог между национальными пограничными службами и компетентными национальными органами посредством обмена информацией на всех уровнях;
4. Возможная мобилизация и координация помощи.
В. Общие формы вклада:
1. Техническая помощь в разработке и осуществлении национальных стратегий и пла- нов действий на основе подхода властей данного государства, принятых ими обязательств и в случае соответствующей просьбы с его стороны;
2. Техническая помощь в разработке, адаптации и гармонизации соответствующего зако- нодательства;
3. Техническая помощь в повышении эффективности пограничных служб путем ознаком- ления с лучшей практикой;
4. Техническая помощь в разработке и реализации планов и программ подготовки кадров путем ознакомления с примерами оптимальной практики и международных обменов;
5. Общий обмен информацией, в частности, путем повышения осведомленности о нали- чии ресурсов, охватывающих весь имеющийся международный опыт, включая новые тех- нологии и ноу-хау, например, по вопросу о быстрых, но эффективных мерах пограничного контроля, строительстве контрольно-пропускных пунктов и т.п.
6. Определение источников наличия оборудования и материалов, пригодных для исполь- зования пограничной службой, с целью их возможного задействования.
С. Возможная специализированная помощь в следующих областях:
1. Борьба с терроризмом, транснациональной организованной преступностью, нелегаль- ной миграцией и незаконным оборотом ядерного, биологического, химического и обыч- ного оружия, средств его доставки и относящихся к нему материалов, опасных отходов, наркотиков и людей: i) укрепление международных сетей обмена и распространения информации о вышеу- помянутых угрозах и вызовах безопасности; ii) специальная подготовка работников пограничных служб и компетентных националь- ных органов по конкретным видам преступлений; iii) указание источников для приобретения оборудования и материалов, предназначенных специально для борьбы с соответствующими видами преступлений, и, при возможности, мобилизация имеющихся ресурсов; iv) технические и нетехнические средства обнаружения незаконных или фальшивых документов с целью повышения надежности документов на въезд и выезд и виз; v) поощрение заключения и выполнения соглашений о трансграничном сотрудничестве; vi) содействие в выполнении и разработке, в соответствии с международно-правовыми актами, многосторонних международных норм и практических мер, касающихся экстра- диции и других форм правового сотрудничества в вопросах уголовного производства, связанных с терроризмом и другими тяжкими преступлениями, в части, касающейся
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безопасности границ и пограничного режима; vii) укрепление сотрудничества с целью предупреждения угрозы незаконного оборота наркотиков и противодействия ей.
2. Свободное и безопасное передвижение людей: i) техническая помощь и консультационные услуги по процедурам выезда и въезда, в том числе, в случае необходимости, по вопросам упрощения визовых процедур; ii) консультационные услуги по повышению надежности документов на въезд и выезд; iii) содействие свободному и безопасному передвижению людей через границы; iv) оказание содействия и консультационных услуг со стороны структур и институтов ОБСЕ по вопросам прав лиц, принадлежащих ко всем сообществам, проживающим в приграничных районах, и их интересов развития, без ущерба для лиц, принадлежа- щих к национальным меньшинствам; v) повышение информированности о правах мигрантах и лиц, ищущих убежище.
3. Экономика и окружающая среда: i) распространение информации о наилучшей практике, касающейся процедур пересече- ния границ и таможенного контроля в связи с импортом, экспортом и транзитом, в част- ности, в целях обеспечения безопасности международных транспортных сетей; ii) стимулирование трансграничного экономического сотрудничества и содействие раз- витию местной приграничной торговли; iii) поощрение трансграничного сотрудничества по экологическим вопросам, влияющим на развитие местных общин; iv) облегчение трансграничного сотрудничества в случае стихийных бедствий или серьез- ных происшествий в приграничных районах; v) обеспечение безопасности международной транспортной сети грузоперевозок, в том числе посредством введения системы предварительного уведомления о товарах и транспортных средствах, пересекающих границы.
III. Решения совета министров
Решение № 2/05:
Миграция
Совет министров,
вновь подтверждая обязательства, касающиеся миграции, и в частности рабочих-мигран- тов, а также другие обязательства в этой области, в особенности те, которые зафиксиро- ваны в хельсинкском Заключительном акте (1975 год), Мадридском документе (1983 год), венском Итоговом документе (1989 год), Копенгагенском документе (1990 год), Парижской хартии для новой Европы (1990 год), Московском документе (1991 год), Хельсинкском доку- менте (1992 год), Будапештском документе (1994 год) и в документах, принятых Советом министров в Маастрихте (2003 год) и Софии (2004 год),
отмечая растущее значение миграции, а также сопряженные с нею как вызовы, так и бла- гоприятные возможности для государств-участников,
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отмечая далее, что явление миграции становится по своему характеру более разноплано- вым и сложным и в силу этого требует всестороннего рассмотрения и, соответственно, межизмеренческого подхода на национальном, региональном и международном уровнях,
отмечая, что всем государствам следует принять на национальном уровне эффективные нормы по регулированию миграции,
подчеркивая, что миграция – это, по существу, транснациональная проблема, требующая сотрудничества между государствами,
признавая, что миграция является важным социально-экономическим и гуманитарным фактором не только для стран происхождения, но и для принимающих стран,
признавая также, что успешная политика интеграции, предполагающая, в частности, ува- жение культурного и религиозного многообразия и поощрение и защиту прав человека и основных свобод, является фактором укрепления стабильности и общественного согла- сия в наших странах,
будучи преисполнен решимости бороться с незаконной миграцией и преодолевать ее пер- вопричины,
учитывая многообразие подходов государств – участников ОБСЕ к проблемам миграции и обращаясь к их опыту и примерам наилучшей практики,
принимая во внимание предпринятые ОБСЕ в 2005 году инициативы и усилия по решению проблемы миграции и интеграции, и в частности проведение семинара по человеческому измерению, посвященного миграции и интеграции, 13-й встречи Экономического форума ОБСЕ и семинара 2005 года по Средиземноморью,
приветствуя существующее сотрудничество между ОБСЕ, и в частности Бюро по демо- кратическим институтам и правам человека (БДИПЧ) и Бюро Координатора деятельности ОБСЕ в области экономики и окружающей среды (БКДЭОС), и соответствующими меж- дународными организациями и институтами,
считая, что ОБСЕ в рамках ее всеобъемлющего подхода к безопасности могла бы вносить свой вклад, в частности, путем: • плотного взаимодействия и налаживания более тесных партнерских связей с междуна- родными организациями, предметно занимающимися проблемой миграции, • облегчения диалога и сотрудничества между государствами-участниками, включая страны происхождения, транзита и назначения в регионе ОБСЕ, а также партнерами ОБСЕ по сотрудничеству и ее средиземноморскими партнерами по сотрудничеству, • оказания государствам-участникам по их просьбе помощи в разработке эффективной политики в области миграции и в выполнении их соответствующих обязательств, при- нятых в ОБСЕ, • побуждения государств-участников к рассмотрению вопроса о присоединении к соот- ветствующим международным документам, поручает Постоянному совету продолжить работу, начатую в 2005 году, и представить доклад четырнадцатой встрече Совета мини- стров; поручает Генеральному секретарю, а также соответствующим институтам и струк- турам ОБСЕ продолжить свою работу по проблемам миграции во всех трех измерениях.
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Решение № 3/05:
Борьба с транснациональной организованной преступностью
Совет министров,
1. Вновь подтверждая обязательство государств-участников по предупреждению органи- зованной преступности и борьбе с ней, зафиксированное в частности в Хартии европей- ской безопасности (1999 год), Бухарестском плане действий по борьбе с терроризмом (2001 год), Стратегии ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке (2003 год) и Документе-стратегии ОБСЕ в области экономического и экологического измерения (2003 год),
2. Вновь заявляя о глубокой обеспокоенности, выраженной в Последующих мерах по ито- гам Саммита тысячелетия (Итоговый документ Всемирного саммита 2005 года), в связи с негативными последствиями для мира, безопасности и стабильности со стороны орга- низованной преступности, являющейся одним из главных препятствий для процветания и устойчивого развития государств-участников,
3. Подчеркивая связи, существующие между транснациональной организованной преступ- ностью и другими угрозами, такими, как незаконные наркотики, терроризм, незаконная торговля легким и стрелковым оружием, а также чувствительными материалами и техно- логиями, торговля людьми, незаконный ввоз мигрантов, киберпреступность, коррупция и нелегальная миграция, в контексте организованной преступности и отмывания денег,
4. Отмечая, что Конвенция Организации Объединенных Наций против транснациональ- ной организованной преступности и протоколы к ней, принятые Генеральной Ассамблеей Организации Объединенных Наций в Нью-Йорке 15 ноября 2000 года, являются крупным шагом вперед в деле международного сотрудничества, направленного против транснаци- ональной организованной преступности, и обеспечивают возможность глобального про- тиводействия этой угрозе,
5. Отмечая работу, проводимую ОБСЕ в областях, касающихся борьбы с организованной преступностью,
6. Будучи убежден, что принятая ОБСЕ концепция всеобъемлющей безопасности явля- ется оптимальным инструментом повышения потенциала всех государств- участников по противодействию угрозе организованной преступности, и что ОБСЕ может обеспе- чить надлежащие рамки для содействия борьбе с организованной преступностью, и отме- чая важную работу, проделанную соответствующими международными организациями и институтами, в частности Управлением Организации Объединенных Наций по нарко- тикам и преступности, • настоятельно призывает государства-участники укреплять сотрудничество между ними и ЮНОДК, Советом Европы и другими соответствующими международными органи- зациями; • предлагает государствам • участникам ОБСЕ, которые еще не сделали этого, рассмотреть вопрос о присоединении к Конвенции Организации Объединенных Наций против транснациональной орга- низованной преступности и протоколам к ней, принятым Генеральной Ассамблеей
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Организации Объединенных Наций в Нью-Йорке 15 ноября 2000 года, и в дальнейшем в полном объеме выполнять свои обязательства по этим документам; • поручает Генеральному секретарю оказывать обращающимся с соответствующими прось- бами государствам-участникам поддержку в мобилизации технической помощи, включая необходимые экспертные услуги и ресурсы, со стороны соответствующих компетентных международных организаций в целях выполнения Конвенции Организации Объеди- ненных Наций против транснациональной организованной преступности и протоколов к ней в порядке поддержки Конференции участников и ЮНОДК и в тесных консульта- циях с ними; • напоминает, что предупреждение организованной преступности и борьба с ней требуют от государств-участников скоординированного подхода в деле содействия выполнению их собственного соответствующего национального законодательства и программ, в частно- сти, в области уголовного правосудия, на основе принципа верховенства закона и поли- тических обязательств государств- участников ОБСЕ; • поручает Постоянному совету развивать сотрудничество между государствами- участ- никами и вести работу при поддержке Генерального секретаря и соответствующих институтов ОБСЕ над определением возможных мер и форм помощи, которые могли бы предоставляться обращающимся с соответствующими просьбами государствам-участ- никам в целях улучшения и развития функционирования систем уголовного правосудия, и в частности, законодательства, правоприменения, судебного преследования, отправ- ления правосудия, международного правового сотрудничества, включая экстрадицию, и системы уголовного наказания, в консультации с ЮНОДК, Советом Европы и другими соответствующими международными организациями; • предлагает партнерам ОБСЕ по сотрудничеству и средиземноморским партнерам по сотрудничеству добровольно выполнять соответствующие положения настоящего реше- ния.
Решение № 4/05:
Усиление правового сотрудничества в вопросах уголовного производства в целях противодействия терроризму
Совет министров,
преисполненный решимости наращивать антитеррористическую деятельность ОБСЕ в соот- ветствии с международным правом и существующими политическими обязательствами в рамках ОБСЕ,
напоминая о резолюциях 1373 (2001), 1566 (2004) и 1624 (2005) Совета Безопасности Орга- низации Объединенных Наций, в которых ко всем государствам обращен призыв стать как можно скорее участниками соответствующих международных конвенций и протоко- лов о борьбе с терроризмом и полностью сотрудничать в борьбе с терроризмом, а также о соответствующих принятых в ОБСЕ антитеррористических обязательствах,
ссылаясь на резолюцию 1631 (2005) Совета Безопасности Организации Объединенных Наций, и в частности на ее положение, содержащее настоятельный призыв ко «всем соот- ветствующим региональным и субрегиональным организациям повышать эффективность своих усилий по борьбе с терроризмом в рамках своих соответствующих мандатов, в том числе с целью укрепления своего потенциала по оказанию помощи государствам-членам
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в их усилиях, направленных на ликвидацию угроз международному миру и безопасности, создаваемых террористическими актами»,
приветствуя продолжающиеся в рамках Организации Объединенных Наций усилия по завершению на ускоренной основе работы над проектом всеобъемлющей конвенции о тер- роризме,
отмечая, что вышеупомянутые конвенции и протоколы образуют универсальный право- вой антитеррористический режим и, в отсутствие двусторонних договоров о взаимной правовой помощи и экстрадиции, могут в сочетании с Конвенцией ООН против трансна- циональной организованной преступности (Палермская конвенция) служить основой для правового сотрудничества,
констатируя связи, существующие между терроризмом и транснациональной организо- ванной преступностью,
отмечая важность Конвенции ООН против транснациональной организованной преступ- ности,
отмечая с признательностью инициативу Секретариата ОБСЕ, предпринятую по просьбе исполнительного директората Контртеррористического комитета ООН, относительно раз- работки программы укрепления правового сотрудничества в вопросах уголовного произ- водства, связанных с терроризмом, в регионе ОБСЕ и по организации в качестве первого шага семинара экспертов по этому вопросу, который состоялся в Вене 15 апреля 2004 года,
отмечая также хорошее рабочее взаимодействие между ОБСЕ и Управлением ООН по нар- котикам и преступности (ЮНОДК), а также ценные инструменты технической помощи, разработанные ЮНОДК для выполнения универсальных антитеррористических конвен- ций и протоколов и развития правового сотрудничества в вопросах уголовного производ- ства, в частности, связанных с терроризмом,
принимая во внимание рекомендации, сформулированные участниками Ежегодной кон- ференции 2005 года по обзору проблем в области безопасности, о дальнейшем развитии сотрудничества с ЮНОДК, поддержке его усилий, направленных на укрепление антитерро- ристического правового режима, и популяризации его инструментов технической помощи, и в частности программного обеспечения для составления запросов о взаимном предостав- лении правовой помощи, в том числе путем содействия подготовке кадров и распростра- нения информации о наилучшей практике для экспертов,
постановляет, что государствам-участникам следует активно и в полной мере сотрудни- чать между собой, руководствуясь применимыми правилами, установленными внутренним законодательством и международным правом, в розыске и привлечении к ответственности исполнителей, организаторов, спонсоров террористических актов и тех, кто их поддержи- вает, на основе принципа «либо суди, либо выдай»;
предлагает государствам-участникам рассмотреть предложения экспертов, содержащи- еся в отчете о работе экспертного семинара ОБСЕ по укреплению правового сотрудниче- ства в вопросах уголовного производства, связанных с терроризмом, (SEC.GAL/111/05 от 18 мая 2005 года) в качестве каталога вариантов совершенствования международно-пра- вового сотрудничества;
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поручает Генеральному секретарю и соответствующим институтам оказывать обращаю- щимся с соответствующей просьбой государствам-участникам содействие в выполнении их политических обязательств, касающихся борьбы с терроризмом. ОБСЕ будет и впредь взаимодействовать с ЮНОДК в деле укрепления антитеррористического правового режима, содействуя выполнению универсальных антитеррористических инструментов и междуна- родно-правовому сотрудничеству в вопросах уголовного производства;
поручает Генеральному секретарю организовать, в координации с Действующим предсе- дателем и в сотрудничестве с ЮНОДК, в 2006 году в Вене экспертный семинар в рамках ОБСЕ с целью популяризации разработанных ЮНОДК инструментов технической помощи в развитии международно-правового сотрудничества в вопросах уголовного производства, и в частности программного обеспечения для составления запросов о взаимном предостав- лении правовой помощи, в том числе путем содействия подготовке кадров и распростра- нения информации о наилучшей практике для экспертов,
поручает Генеральному секретарю, в тесном сотрудничестве с ЮНОДК, организовать для обращающихся с соответствующей просьбой государств-участников национальные семи- нары для подготовки работников прокуратуры и судов по вопросам экстрадиции и оказания взаимной правовой помощи в вопросах уголовного производства, в том числе связанных с терроризмом.
Решение № 10/05:
Терпимость и недискриминация: Содействие взаимному уважению и пониманию
Совет министров,
отмечая, что уважение прав человека и основных свобод, демократии и верховенства закона занимает центральное место в принятой в ОБСЕ всеобъемлющей концепции безопасности,
ссылаясь на свои обязательства в области терпимости и недискриминации, провозглашен- ные в хельсинкском Заключительном акте 1975 года, Парижской хартии для новой Европы 1999 года, Хартии европейской безопасности 1999 года, Решении № 4/03 о толерантности и недискриминации, принятом на 11-й встрече Совета министров (Маастрихт, 2003 год), и Решении № 12/04 о толерантности и недискриминации, принятом на 12-й встрече Совета министров (София, 2004 год),
напоминая о том, что ОБСЕ делает акцент на содействии терпимости и недискриминации, о чем свидетельствует проведение конференций по антисемитизму и по расизму, ксенофо- бии и дискриминации (2003 год, Вена), Конференции по антисемитизму (апрель 2004 года, Берлин), Совещания по вопросу о связи между пропагандой расизма, ксенофобии и анти- семитизма в Интернете и преступлениями на почве ненависти (июнь 2004 года, Париж), Конференции на тему терпимости и борьбы с расизмом, ксенофобией и дискриминацией (сентябрь 2004 года, Брюссель) и Конференции по антисемитизму и иным формам нетер- пимости (июнь 2005 года, Кордова), и ссылаясь на итоги этих конференций,
вновь подтверждая свою решимость выполнять существующие обязательства по ОБСЕ в области терпимости и недискриминации, свободы мысли, совести, религии и убеждений и напоминая о других соответствующих международных обязательствах,
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подчеркивая необходимость последовательно и недвусмысленно выступать против актов и проявлений ненависти, в частности в политических высказываниях, и действовать в защиту терпимости, взаимного уважения и понимания,
напоминая о важности развития и облегчения межкультурного и межконфессионального диалога и партнерства, направленного на повышение терпимости, взаимного уважения и понимания, как на национальном, так и на международном уровнях,
отмечая с удовлетворением объявление Генерального секретаря Организации Объеди- ненных Наций об учреждении «Альянса цивилизаций», а также о создании Группы вид- ных деятелей высокого уровня Альянса цивилизаций и проявляя интерес к результатам этой инициативы,
ссылаясь на решения № 607, 621 и 633 Постоянного совета и на декларации, с которыми Дей- ствующий председатель ОБСЕ выступил в 2004 году, – «Берлинскую декларацию», «Брюс- сельскую декларацию» и «Парижские выводы», отмечая вклад трех личных представителей Действующего председателя в общие усилия ОБСЕ по борьбе с дискриминацией и содей- ствию терпимости, взаимному уважению и пониманию, а также по повышению осведом- ленности в этой области,
1. Высоко оценивает Декларацию, с которой Действующий председатель ОБСЕ выступил на Конференции ОБСЕ по антисемитизму и другим формам нетерпимости, состоявшейся в Кордове 8–9 июня 2005 года, – «Кордовскую декларацию»;
2. Приветствует разработку Программы БДИПЧ по вопросу о терпимости и недискрими- нации;
3. Считает недопустимым ассоциировать терроризм и насильственный экстремизм с любой религией или вероисповеданием, культурой, этнической группой, национальностью или расой;
4. Постановляет, что ОБСЕ следует и далее повышать осведомленность и разрабатывать меры по противодействию предрассудкам, нетерпимости и дискриминации при уважении прав человека и основных свобод, включая свободу мысли, совести, религии и убеждений, для всех, без различия, в частности, расы, цвета кожи, пола, языка, религии и верований, политических или иных убеждений, национального или социального происхождения, иму- щественного, сословного или иного положения;
5. Постановляет, что государства-участники при выполнении своих обязательств, направ- ленных на содействие терпимости и недискриминации, будут концентрировать свою дея- тельность на таких областях, как, в частности, законодательство, правоохранительная деятельность, образование, средства массовой информации, сбор данных, миграция и инте- грация, религиозные свободы, межкультурный и межконфессиональный диалог, и обязу- ются: 5.1 рассмотреть вопрос об активизации своей деятельности, направленной на то, чтобы национальное законодательство, политика и практика обеспечивали всем лицам равную и эффективную защиту со стороны закона и запрещали акты нетерпимости и дискрими- нации в соответствии с принятыми в ОБСЕ обязательствами и их международными обя- зательствами в этой области;
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5.2 наращивать усилия по надлежащему обучению государственных служащих, и в частно- сти сотрудников правоохранительных органов, навыкам реагирования на преступления на почве ненависти и их предупреждения и рассмотреть в этой связи вопрос о разработке программ такой подготовки, а также рассмотреть возможность использования экспертных услуг БДИПЧ в этой области и обмена примерами наилучшей практики; 5.3 поощрять реализацию государственных и частных образовательных программ, содей- ствующих терпимости и недискриминации, повышать осведомленность общественности о существовании и недопустимости нетерпимости и дискриминации и рассмотреть в этой связи вопрос об использовании экспертных услуг и помощи БДИПЧ в целях разработки методики и учебных программ для просветительской деятельности по вопросам терпи- мости, включая: • борьбу с расовыми предрассудками и ненавистью, ксенофобией и дискриминацией; • просвещение и память о Холокосте, а также о других актах геноцида, признанных тако- выми в соответствии с Конвенцией 1948 года о предупреждении преступления геноцида и наказании за него, и преступлениях против человечности; • просвещение в отношении антисемитизма в целях обеспечения систематического под- хода к образованию, в том числе разработку учебных программ, посвященных современ- ным формам антисемитизма в государствах-участниках; • борьбу с предрассудками, нетерпимостью и дискриминацией в отношении христиан, мусульман и представителей других религий; 5.4 рассмотреть вопрос о разработке в тесном сотрудничестве с гражданским обществом не ставящих под угрозу свободу информации и свободу выражения мнений конкретных мер по противодействию ксенофобским стереотипам, нетерпимости и дискриминации в сред- ствах массовой информации и поощрению программ просвещения детей и молодежи отно- сительно предрассудков и предубеждений, с которыми они могут столкнуться в средствах массовой информации и в Интернете; 5.5 укреплять усилия по сбору и хранению надежной информации и статистических данных о преступлениях на почве ненависти и законодательстве по этому вопросу, существующих на их территории, периодически передавать такую информацию в БДИПЧ, обеспечивать обще- ственности доступ к такой информации и рассмотреть вопрос об использовании помощи БДИПЧ в этой области, а также рассмотреть в этой связи вопрос об определении нацио- нальных пунктов для контактов с БДИПЧ по вопросу о преступлениях на почве ненависти; 5.6 продолжать, при поддержке в случае необходимости соответствующих структур и инсти- тутов ОБСЕ и ее операций на местах, заниматься проблемой миграции и интеграции с уче- том культурного и религиозного многообразия в рамках общих усилий ОБСЕ по содействию терпимости, взаимному уважению и пониманию и борьбе с дискриминацией, а также поощ- рению уважения прав человека и основных свобод; 5.7 продолжать работу, проделанную ОБСЕ до настоящего времени в деле содействия тер- пимости и недискриминации, в том числе посредством проведения в 2006 году тематиче- ских совещаний на уровне экспертов, посвященных вопросам выполнения, и рассмотреть возможность проведения в 2007 году конференции ОБСЕ;
6. Поручает БДИПЧ: 6.1 оказывать содействие государствам-участникам по их просьбе в разработке соответству- ющей методики и потенциала по сбору и хранению надежной информации и статистики о преступлениях на почве ненависти и агрессивных проявлениях нетерпимости и дискри- минации с целью помочь им в сборе сопоставимых статистических сведений;
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6.2 продолжать сотрудничать с другими структурами и институтами ОБСЕ, а также с Комитетом Организации Объединенных Наций по ликвидации расовой дискримина- ции (ЮНСЕРД), Управлением Верховного комиссара Организации Объединенных Наций по правам человека (УВКПЧ), Европейской комиссией по борьбе против расизма и нетер- пимости (ЕКРН), Европейским мониторинговым центром по вопросам расизма и ксенофо- бии (ЕМЦРК), Целевой группой по вопросам международного сотрудничества в области просвещения, памяти и исследований о Холокосте и с другими соответствующими инсти- тутами и гражданским обществом, включая неправительственные организации; 6.3 продолжать оказывать государствам-участникам в рамках его Консультативной группы экспертов по вопросам свободы религии и убеждений и по их просьбе поддержку в деятель- ности, направленной на содействие свободе религии и убеждений, и ознакомлять государ- ства – участники ОБСЕ с выводами и соображениями Группы как на двусторонней основе, так и на соответствующих конференциях и мероприятиях ОБСЕ;
7. Постановляет внести соответствующий вклад в инициативу «Альянс цивилизаций» путем развития межкультурного и межконфессионального диалога и содействия взаим- ному пониманию и уважению, а также правам человека на всем пространстве ОБСЕ и в этой связи поручает: 7.1 Действующему председателю ОБСЕ проинформировать Генерального секретаря Орга- низации Объединенных Наций о настоящем решении и заинтересованности ОБСЕ в под- держке инициативы «Альянс цивилизаций»; 7.2 Генеральному секретарю, используя экспертный потенциал структур и институтов ОБСЕ, в частности БДИПЧ, обеспечить в сотрудничестве с государствами-участниками вклад ОБСЕ в инициативу «Альянс цивилизаций» и представить его вниманию Группы высокого уровня Альянса цивилизаций к концу июня 2006 года.
Решение № 11/05:
Содействие учебно-просветительской деятельности по тематике прав человека в регионе ОБСЕ
Совет министров,
вновь подтверждая обязательства государств-участников, касающиеся учебно-просвети- тельской деятельности в области прав человека, и в частности обязательства, вытекающие из хельсинкского Заключительного акта 1975 года, Копенгагенского документа 1990 года, Московского документа 1991 года, Хартии европейской безопасности 1999 года, Страте- гии ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке (2003 год) и всех других соответствующих согласованных в ОБСЕ документов и решений,
отмечая, что поощрение прав человека путем учебно-просветительской деятельности во всем регионе ОБСЕ может рассматриваться в контексте принятой в ОБСЕ всеобъемлющей концепции безопасности и является жизненно важным условием более полного обеспече- ния прав человека и основных свобод, а также содействия терпимости и недискриминации,
признавая особую ценность многопланового сотрудничества, включая консультации, сотрудничество и координацию действий с соответствующими международными и реги- ональными организациями, а также пользу, которую страны могут извлекать из опыта
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и возможностей друг друга в сфере учебно-просветительской деятельности в области прав человека,
принимая во внимание усилия других международных организаций, в том числе в рам- ках Всемирной программы ООН по образованию в области прав человека, Программы Совета Европы по образованию для демократического гражданства и его Программы для молодежи «Все разные, все равные», Европейской инициативы Евросоюза «За демократию и права человека», а также программ, проводимых на национальном уровне,
признавая вклад БДИПЧ и других структур и институтов ОБСЕ и ее операций на местах в дело содействия учебно-просветительской деятельности в области прав человека в сотруд- ничестве с государствами-участниками,
будучи приверженным дальнейшей активизации усилий ОБСЕ по содействию учебно-про- светительским программам в области прав человека в регионе ОБСЕ, а также по оказанию Организацией поддержки государствам-участникам по их просьбе в осуществлении их национальных программ, касающихся просвещения в области прав человека,
предлагает государствам-участникам, привлекая гражданское общество, укреплять работу по систематическому осуществлению учебно-просветительских программ в области прав человека, разработанных с целью воспитания уважения к неотъемлемому достоинству человеческой личности и обеспечивать реализацию прав человека для каждого индивида, принадлежащего к любой социальной группе, и в обществе в целом;
постановляет наращивать усилия ОБСЕ во взаимодействии с другими международными организациями и неправительственными организациями по принятию необходимых мер, имеющих целью содействие учебно-просветительской деятельности в области прав чело- века с особым акцентом на молодежь в регионе ОБСЕ;
поручает БДИПЧ, используя соответствующий экспертный потенциал и опыт, накоплен- ный структурами и институтами ОБСЕ и ее операциями на местах, а также государствами – участниками ОБСЕ: • подготовить для государств-участников сборник материалов по лучшей практике по наращиванию содействия учебно-просветительской деятельности в области прав чело- века, включая поощрение терпимости, взаимного уважения и взаимопонимания, а также недискриминации в регионе ОБСЕ.
Решение № 12/05:
Обеспечение прав человека и верховенство закона в рамках систем уголовного правосудия
Совет министров,
признавая, что полное уважение прав человека и основных свобод и развитие общества на основе плюралистической демократии и верховенства закона являются одной из пред- посылок для достижения прочного мира, безопасности, справедливости и стабильности,
вновь подтверждая обязательства в области верховенства закона, зафиксированные в хельсинкском Заключительном акте 1975 года, венском Итоговом документе 1989 года,
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Копенгагенском документе 1990 года и Московском документе 1991 года, обязательства, принятые на встрече на высшем уровне в Будапеште 1994 года, и другие соответствующие принятые в ОБСЕ обязательства и напоминая о соответствующих международных юриди- ческих обязательствах, в том числе согласно Международному пакту о гражданских и поли- тических правах и Конвенции ООН против пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания,
вновь заявляя о том, что деятельность правительства и администрации, а также судебных органов будет осуществляться в соответствии с системой, установленной законом, и соответ- ствующими принятыми в ОБСЕ обязательствами и международными юридическими обяза- тельствами государств-участников, и что уважение такой системы должно быть обеспечено,
считая, что верховенство закона означает не просто формальную законность, которая обе- спечивает регулярность и последовательность в достижении и поддержании демократиче- ского порядка, но и справедливость, основанную на признании и полном принятии идеи высшей ценности человеческой личности и гарантируемую учреждениями, образующими структуры, обеспечивающие ее наиболее полное выражение,
признавая, что верховенство закона должно основываться на уважении международно признанных прав человека, включая право на справедливое судебное разбирательство, право на эффективные средства правовой защиты и право не быть подвергнутым произ- вольному аресту или задержанию,
признавая, что беспристрастная и независимая судебная система играет жизненно важ- ную роль в обеспечении надлежащей юридической процедуры и защиты прав человека до, в ходе и после судебного разбирательства,
признавая, что адвокатам принадлежит важнейшая роль в обеспечении права на справед- ливое судебное разбирательство и в поощрении и защите других прав человека в рамках системы уголовного правосудия,
подчеркивая необходимость открыто выступать против пыток и памятуя о том, что все формы пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания находятся и должны оставаться под запретом всегда и повсюду и следовательно не могут быть оправданы ни при каких обстоятельствах, и потребность в укреплении процедурных гарантий недопущения пыток, а также уголовного преследова- ния тех, кто к ним прибегает, и тем самым, недопущения безнаказанности за применение пыток и призывая государства-участники к скорейшему рассмотрению вопроса о подпи- сании и ратификации Факультативного протокола к Конвенции против пыток,
постановляет: • в 2006 году уделять повышенное внимание и принимать дальнейшие меры по вопросам верховенства закона и надлежащей юридической процедуры в рамках систем уголовного правосудия, в частности, побуждая государства-участники совершенствовать выполне- ние существующих обязательств, в том числе используя экспертный потенциал БДИПЧ и в тесном взаимодействии с другими соответствующими международными организа- циями в целях недопущения ненужного дублирования усилий; поручает БДИПЧ и дру- гим соответствующим структурам ОБСЕ:
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• оказывать государствам-участникам помощь в ознакомлении друг друга с успешными примерами, экспертными знаниями и положительным опытом в интересах совершен- ствования систем уголовного правосудия; • оказывать государствам-участникам помощь по их просьбе в укреплении организацион- ной базы адвокатуры в интересах защиты и отстаивания прав подзащитных.
Решение № 13/05:
Борьба с торговлей людьми
Совет министров,
вновь подтверждая решения № 2/03 и 13/04 Совета министров, а также другие принятые в ОБСЕ обязательства по борьбе с торговлей людьми во всех ее формах и для любых целей, выполняя которые государства-участники ясно продемонстрировали политическую волю ликвидировать эту современную форму рабства, унижающую человеческое достоинство и подрывающую осуществление прав человека и основных свобод,
напоминая о международных обязательствах, принятых на себя теми государствами-участ- никами ОБСЕ, которые подписали и ратифицировали Конвенцию Организации Объеди- ненных Наций против транснациональной организованной преступности и дополняющий ее Протокол о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, Факультативный протокол о торговле детьми, детской про- ституции и детской порнографии к Конвенции о правах ребенка и другие соответствую- щие международные договоры, сторонами которых они являются,
отмечая Конвенцию Совета Европы о мерах против торговли людьми как первый реги- ональный договор в этой области, посвященный главным образом защите жертв такой торговли, а также предотвращению этого ужасного преступления и судебному преследо- ванию виновных,
приветствуя достигнутый государствами-участниками прогресс в выполнении Плана дей- ствий ОБСЕ по борьбе с торговлей людьми, являющегося универсальным инструментом для оказания помощи как властям, так и гражданскому обществу в предупреждении такой тор- говли, судебном преследовании лиц, совершающих такие преступления, и защите их жертв,
привлекая внимание к необходимости подкрепить вышеупомянутые меры, создать проч- ную сеть по борьбе с торговлей людьми, которая функционировала бы на многосторонней, региональной и двусторонней основе, и эффективно выполнять принятые обязательства, опираясь на всемерную поддержку и содействие, оказываемые государствам-участникам по их просьбе структурами и институтами ОБСЕ и ее операциями на местах,
вновь подчеркивая уникальную роль ОБСЕ как катализатора совместных усилий междуна- родных организаций, направленных на борьбу с торговлей людьми во всех формах, и при- ветствуя инициативы специального представителя ОБСЕ по борьбе с торговлей людьми в рамках «Союза борьбы с торговлей людьми»,
постановляет:
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1. Одобрить Дополнение к Плану действий ОБСЕ по борьбе с торговлей людьми, касаю- щееся особых потребностей детей, являющихся жертвами торговли людьми, в защите и помощи, принятое Решением Постоянного Совета № 685 от 7 июля 2005 года, в качестве эффективной меры реагирования на потребности наиболее уязвимых и незащищенных жертв торговли людьми;
2. Уделять и впредь повышенное внимание нарастающей угрозе торговле людьми и следо- вать многомерному, ориентированному на интересы жертв подходу к проблемам борьбы с торговлей людьми как одним из видов организованной преступности, деятельности пре- ступного сообщества и коррупции в рамках принятой в ОБСЕ концепции всеобъемлющей безопасности;
3. Поручить механизму ОБСЕ по борьбе с торговлей людьми ежегодно представлять Посто- янному совету в июне, начиная с июня 2006 года, доклад о достигнутом прогрессе в работе ОБСЕ по проблемам торговли людьми. В эти доклады будут включаться также вклады дру- гих структур и институтов ОБСЕ и ее операций на местах, посвященные развитию событий в сфере торговли людьми повсюду в регионе ОБСЕ, а также анализ достижений в реше- нии задач, поставленных в Плане действий ОБСЕ 2003 года по борьбе с торговлей людьми.
Решение № 14/05:
Роль женщин в предотвращении конфликтов, регулировании кризисов и постконфликтном восстановлении
Совет министров,
Напоминая о всеобъемлющем подходе ОБСЕ к безопасности в контексте противодействия новым угрозам и вызовам и о ее приверженности задаче учета гендерной проблематики согласно Плану действий ОБСЕ 2004 года по поддержке гендерного равенства,
памятуя о том, что ОБСЕ, будучи региональным соглашением по смыслу главы VIII Устава Организации Объединенных Наций, является одним из главных инструментов раннего предупреждения, предотвращения конфликтов, регулирования кризисов и постконфликт- ного восстановления в своем регионе,
отмечая, что знания, мастерство и опыт как женщин, так и мужчин относятся к важней- шим факторам мира, устойчивой демократии, экономического развития и, тем самым, без- опасности и стабильности в регионе ОБСЕ,
отмечая далее, что в резолюции 1325 (2000) Совета Безопасности Организации Объединен- ных Наций о женщинах, мире и безопасности провозглашается взаимосвязь гендерного равенства и безопасности и делается акцент на роли женщин в обеспечении мира и безо- пасности на всех уровнях;
вновь подтверждая Пекинскую декларацию и Платформу действий, принятые на четвер- той Всемирной конференции по положению женщин, и итоги 23-й специальной сессии Генеральной ассамблеи,
подчеркивая важность полного и равноправного вовлечения женщин в работу на всех эта- пах предотвращения и разрешения конфликтов и миростроительства,
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признавая необходимость принятия со стороны ОБСЕ конкретных мер по вовлечению жен- щин в проводимую ей работу по предотвращению конфликтов, регулированию кризисов и постконфликтному восстановлению, в частности, посредством:
1. Обеспечения инициативного выполнения в масштабах всей Организации Плана дей- ствий ОБСЕ 2004 года по поддержке гендерного равенства, принятого Решением Постоян- ного совета № 638 от 2 декабря 2004 года,
2. Учета в деятельности ОБСЕ, в необходимых случаях, соответствующих положений резо- люции 1325 (2000) Совета Безопасности ООН, посвященных роли женщин в работе на всех уровнях по предотвращению конфликтов, регулированию и разрешению кризисов и пост- конфликтному восстановлению,
3. Побуждения государств-участников к составлению национальных списков потенциаль- ных кандидатов из числа женщин (в соответствии с требованиями пункта 22 Плана дей- ствий ОБСЕ 2004 года по поддержке гендерного равенства) и к принятию активных мер к тому, чтобы широко информировать женщин и побуждать их участвовать в конкурсах на заполнение должностей в сфере предотвращения конфликтов и постконфликтного восста- новления, и в частности, должностей уровня старшего управленческого звена,
4. Обращения к государствам-участникам с призывом чаще выдвигать кандидатуры жен- щин на пост руководителей институтов или миссий и на другие должности старшего звена в ОБСЕ,
5. Активного содействия найму женщин для работы в присутствиях ОБСЕ на местах, в част- ности на руководящих должностях, добиваясь того, чтобы значительное число присутствий на местах возглавлялись женщинами,
6. Обращения к государствам-участникам и, в соответствующих случаях, к структурам ОБСЕ с призывом оказывать поддержку и содействие в осуществлении учебно-просвети- тельских программ, ориентированных на женщин и девушек, а также проектов, нацелен- ных на обеспечение участия женщин в построении прочного мира; расширять возможности женских организаций; обеспечивать поддержку женских мирных инициатив в средствах массовой информации и проводя семинары, посвященные правам человека и гендерному равенству; а также повышать осведомленность женщин относительно важности их уча- стия в политической жизни,
7. Обращения к государствам-участникам и, в соответствующих случаях, к структурам ОБСЕ с призывом разрабатывать конкретную политику, ставящую целью полное и равно- правное участие женщин и женских организаций в работе по предотвращению и разреше- нию конфликтов и постконфликтному восстановлению, поощрять и поддерживать обмен опытом и примерами наилучшей практики, а также взаимодействовать с женскими мир- ными инициативами,
8. Обращения к государствам-участникам с призывом учитывать важную роль и особые потребности женщин и девушек в реализации правительственных программ, касающихся их защиты и долгосрочных решений по таким вопросам, как добровольное возвращение, обустройство, восстановление, (ре)интеграция или репатриация беженцев и внутренне перемещенных лиц в безопасных и достойных условиях,
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9. Принятия рекомендации о том, чтобы государства-участники регулярно подвергали ана- лизу свои усилия по учету гендерной проблематики в деятельности по предотвращению и регулированию конфликтов и восстановлению и предавали результаты такого анализа гласности с целью их использования для подготовки кадров с учетом гендерной специ- фики, а также в связи с выполнением соответствующих обязательств и в интересах повы- шения информированности об их важности, постановляет: • поручить Генеральному секретарю включить в свой ежегодный доклад о ходе выполнения Решения № 638 Постоянного совета о Плане действий ОБСЕ 2004 года по поддержке ген- дерного равенства конкретные пассажи, посвященные выполнению в рамках Организа- ции актуальных для ОБСЕ положений резолюции 1325 (2000) Совета Безопасности ООН; • поручить Секретариату, руководствуясь задачами, поставленными в Плане действий ОБСЕ 2004 года по поддержке гендерного равенства, разработать во взаимодействии с государ- ствами-участниками дальнейшие меры по значительному увеличению численности жен- щин в составе Секретариата и институтов ОБСЕ и ее операций на местах, в частности, на уровне старшего и определяющего политику звена; • поручить структурам и институтам ОБСЕ разработать или скорректировать соответству- ющие проекты, стратегии и инициативы и вести иную работу, включая обмен информа- цией с ООН, в порядке выполнения обязательств, изложенных в настоящем решении; • предложить государствам – участникам ОБСЕ и институтам ОБСЕ доложить Ежегодной конференции по обзору проблем в области безопасности, в частности, о проделанной работе по выполнению обязательств, изложенных в настоящем решении.
Решение № 15/05:
Недопущение и пресечение насилия в отношении женщин
Совет министров,
признавая, что уважение прав человека и основных свобод, демократии и верховенства закона занимает центральное место в принятой ОБСЕ всеобъемлющей концепции безо- пасности,
вновь подтверждая Декларацию Организации Объединенных Наций об искоренении наси- лия в отношении женщин, Пекинскую декларацию и Платформу действий, принятые на четвертой Всемирной конференции по положению женщин, и итоги двадцать третьей специальной сессии Генеральной ассамблеи,
вновь подтверждая, что государства обязаны проявлять должную предусмотрительность в целях предупреждения, расследования и наказания виновных в совершении актов насилия в отношении женщин и девочек и обеспечивать защиту потерпевшим и что неисполнение этого обязательства нарушает, ослабляет или сводит на нет их возможность пользоваться своими правами человека и основными свободами,
ссылаясь на резолюцию 1325 (2000) Совета Безопасности ООН о женщинах, мире и безо- пасности, которая призывает, среди прочего, к полному уважению и защите прав женщин и девочек во время и после вооруженных конфликтов, а также к тому, чтобы положить конец безнаказанности виновных в насилии по гендерному признаку,
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вновь подтверждая твердые обязательства государств – участников ОБСЕ в области прав человека, гендерного равенства, терпимости и недискриминации, борьбы с торговлей людьми и улучшения положения рома и синти,
будучи глубоко обеспокоенным тем, что особым образом затрагиваются или становятся уязвимыми перед насилием – и следовательно, нуждаются в защите – девочки и некоторые группы женщин, например женщины, принадлежащие к меньшинствам, женщины, отно- сящиеся к коренным народам, женщины-беженцы, женщины, являющиеся внутренними перемещенными лицами, женщины-мигранты, женщины, проживающие в сельских или отдаленных районах, женщины, лишенные средств к существованию, женщины, находя- щиеся в различных специальных учреждениях или содержащиеся под стражей, женщи- ны-инвалиды, пожилые женщины, вдовы, женщины в ситуациях вооруженных конфликтов и женщины, которые подвергаются дискриминации по иным основаниям, в том числе на основании инфицированности ВИЧ,
подчеркивая выраженную в Плане действий ОБСЕ 2004 года по поддержке гендерного равен- ства приверженность учету гендерной проблематики и конкретные положения, касающи- еся недопущения и искоренения насилия в отношении женщин в государствах-участниках,
выражая глубокую обеспокоенность сохраняющимся уровнем насилия в отношении жен- щин и девочек в регионе ОБСЕ, а также гуманитарными и политическими последствиями этого явления и признавая, что насилие в отношении женщин представляет собой угрозу безопасности человека,
1. Настоятельно призывает государства-участники принять при поддержке и содействии ОБСЕ все необходимые законодательные, политические и программные меры по мони- торингу и оценке в целях поощрения и защиты полного осуществления прав женщин, а также недопущения и пресечения всех форм насилия по гендерному признаку в отноше- нии женщин и девочек;
2. Призывает государства-участники соблюдать Конвенцию о ликвидации всех форм дискри- минации в отношении женщин и Конвенцию о правах ребенка, если они являются сторо- нами этих Конвенций, или если они еще этого не сделали, рассмотреть вопрос о ратификации этих конвенций или присоединении к ним; а также призывает государства, ратифициро- вавшие эти конвенции или присоединившиеся к ним, снять оговорки, противоречащие предмету и целям этих конвенций;
3. Призывает государства-участники рассмотреть вопрос о подписании и ратификации Протокола ООН о предупреждении и пресечении торговли людьми, особенно женщинами и детьми и наказании за нее, дополняющего Конвенцию ООН против транснациональной организованной преступности, Факультативного протокола о торговле детьми, детской проституции и детской порнографии, Конвенции о правах ребенка, а также, в надлежа- щих случаях, Конвенции Совета Европы о мерах против торговли людьми или о присое- динении к ним;
4. Выражает сожаление по поводу того, что женщины, являющиеся жертвами насилия, зача- стую остаются без защиты и помощи, и настоятельно призывает государства-участники: i) гарантировать, чтобы всем женщинам, являющимся жертвами насилия, был обеспе- чен полный, равный и своевременный доступ к правосудию и эффективным средствам правовой защиты; медицинской и социальной помощи, включая экстренную помощь; конфиденциальному консультированию; и приютам;
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ii) принять и применять законодательные меры, относящие насилие по гендерному прин- ципу к числу уголовно наказуемых деяний и предусматривающие адекватные меры пра- вовой защиты; iii) предоставлять своевременную физическую защиту и психологическую помощь жерт- вам, включая надлежащие меры охраны свидетелей; iv) вести расследование и уголовное преследование в отношении виновных, соблюдая при этом требование о соответствующем обращении с ними; v) содействовать полновесному участию женщин в деятельности судебных, прокурорских и правоохранительных органов и обеспечивать, чтобы занимающиеся соответствующими вопросами государственные чиновники были полностью обучены и ориентированы на распознавание, документирование и рассмотрение случаев насилия в отношении жен- щин и детей; vi) удовлетворять особые потребности девочек, являющихся жертвами насилия, в защите и помощи;
5. Отмечает, что случаи насилия в отношении женщин и девочек часто остаются неизвест- ными и незарегистрированными и, соответственно, не отраженными надлежащим обра- зом в статистических данных, и предлагает государствам-участникам поддержать усилия по повышению осведомленности; предпринять существенные дополнительные усилия по сбору, анализу и распространению сопоставимой информации; и поддержать специализи- рованные НПО и исследования по данному вопросу;
6. Призывает государства-участники принять меры по укреплению экономической неза- висимости женщин, включая обеспечение недискриминационной политики и практики в области занятости, обеспечение равного доступа к образованию и профессиональной подготовке, равное возмещение за равный труд, расширение возможностей в сфере труда и образования, равный доступ к экономическим ресурсам и контроль над ними в целях снижения уязвимости женщин ко всем формам насилия, включая бытовое насилие и тор- говлю людьми;
7. Настоятельно призывает государства-участники принять все необходимые меры к недо- пущению насилия по гендерному признаку в отношении женщин и девочек во время и после вооруженных конфликтов и чрезвычайных ситуаций, включая привлечение к суду вино- вных в преступлениях, и принять специальные меры по удовлетворению потребностей женщин и девочек в постконфликтных условиях;
8. Отмечает включение преступлений по гендерному признаку в Римский статут Между- народного уголовного суда и в текст Элементов преступлений, принятых Ассамблеей госу- дарств – участников Римского статута в сентябре 2002 года, и определение обстоятельств, при которых такие преступления могут рассматриваться в качестве преступлений против человечности и/или военных преступлений;
9. Считает желательным распространение информации о соответствующих правовых пре- цедентах из практики существующих специальных международных уголовных трибуна- лов для бывшей Югославии и для Руанды и полное сотрудничество с этими судебными инстанциями;
10. Постановляет расширить сотрудничество ОБСЕ с надлежащими структурами Орга- низации Объединенных Наций, Совета Европы, Европейского союза и других меж- дународных организаций, а также с гражданским обществом и соответствующими
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неправительственными организациями в целях содействия недопущению любых форм насилия в отношении женщин и девочек и борьбы с ними;
11. Поручает Постоянному совету поощрять разработку соответствующими институтами и структурами ОБСЕ программ, проектов и политики, нацеленных на оказание помощи государствам-участникам по их просьбе в пресечении насилия в отношении женщин и дево- чек и оказании помощи пострадавшим;
12. Просит Генерального секретаря обратить особое внимание на освещение выполнения настоящего решения в ежегодном докладе Постоянному совету, посвященном Плану дей- ствий 2004 года по поддержке гендерного равенства.
Решение № 16/05:
Обеспечение высочайших норм поведения и ответственности лиц, служащих в международных силах и миссиях
Совет министров,
вновь подтверждая принятые в ОБСЕ обязательства в области борьбы с торговлей людьми, в частности Решение № 1 Венской встречи Совета министров 2000 года, Декларацию Встречи Совета министров 2002 года в Порту, Решение № 2/03 Маастрихтской встречи Совета мини- стров и План действий ОБСЕ по борьбе с торговлей людьми, а также Дополнение к нему, касающееся особых потребностей детей, являющихся жертвами торговли людьми, в защите и помощи,
ссылаясь на Протокол Организации Объединенных Наций о предупреждении и пресече- нии торговли людьми, особенно женщинами и детьми, и наказании за нее, дополняющий Конвенцию Организации Объединенных Наций против транснациональной организован- ной преступности, и его всеобъемлющее определение понятия торговли людьми,
вновь заявляя, что торговля людьми, являющаяся современной формой рабства, серьезно подрывает осуществление прав человека и основных свобод,
будучи обеспокоен тем, что военный и гражданский персонал, служащий в международ- ных миротворческих силах или других международных миссиях, в том числе на контракт- ной основе, а также в полевых присутствиях международных организаций, включая ОБСЕ, могли бы быть одним из факторов, способствующих спросу в цепочке торговли людьми,
приветствуя усилия Организации Объединенных Наций, а также других международных организаций по разработке и реализации политики «нулевой терпимости», которые наряду с просветительскими мерами и профессиональной подготовкой необходимы для недопу- щения участия как персонала сил, так и сотрудников других категорий в торговле людьми,
напоминая о ведущейся во всех соответствующих международных организациях деятель- ности по разработке общих стандартов и наилучшей практики в области недопущения и пресечения торговли людьми,
будучи обеспокоен сообщениями о неблаговидном поведении военных и гражданских сотрудников, служащих в международных миротворческих силах или других международ- ных миссиях, в том числе сообщениями об участии в торговле людьми, как это определено
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в Протоколе Организации Объединенных Наций о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, решительно осуждая подоб- ные акты и отмечая, что они отрицательно сказываются на выполнении мандатов миссий,
будучи также обеспокоен сообщениями о неблаговидном поведении военных и гражданских сотрудников, служащих в международных миротворческих силах или других международ- ных миссиях, в том числе сообщениями о сексуальной эксплуатации и надругательствах в отношении местного населения и беженцев, а также сообщениями о случаях принуди- тельного труда, решительно осуждая такие акты и отмечая, что они отрицательно сказы- ваются на выполнении мандатов миссий,
подчеркивая необходимость в более полном информировании и повышении осведомлен- ности сотрудников, служащих в международных миссиях, в отношении этих вопросов,
принимая к сведению усилия Организации Объединенных Наций, направленные на обе- спечение того, чтобы сотрудники, служащие в миротворческих силах или других между- народных миссиях, отвечали высочайшим нормам поведения и ответственности,
1. Призывает все государства-участники при необходимости укреплять меры, предотвра- щающие участие военных и гражданских сотрудников, работающих за рубежом в миро- творческих силах или других международных миссиях, а также должностных лиц ОБСЕ, в торговле людьми или эксплуатации жертв торговли. В этой связи государства-участ- ники будут стремиться обеспечить применение их национальных законов, правил и дру- гих соответствующие документов к их гражданам, служащим в миротворческих силах или других международных миссиях, в целях обеспечения высочайших норм поведения и ответственности;
2. Призывает государства-участники, имеющие размещенных военных и гражданских сотрудников, оказывать в пределах своей компетенции и соответствующих мандатов содей- ствие компетентным властям принимающего государства в их усилиях по борьбе с торговлей людьми. Проводя инструктаж своих военных и гражданских сотрудников, направляемых за рубеж, каждое государство- участник будет принимать во внимание политику и послед- ствия в области торговли людьми;
3. Призывает государства-участники принимать необходимые меры для предотвращения сексуальной эксплуатации и надругательств, а также случаев принудительного труда со стороны военных и гражданских сотрудников, направленных ими для службы в миро- творческих силах или других международных миссиях, обеспечивать соблюдение соответ- ствующих норм поведения в этом отношении и обеспечивать надлежащее расследование любых подобных случаев и наказание за них;
4. Вновь подтверждает значение выполнения Кодекса поведения для должностных лиц ОБСЕ и служебную инструкцию № 11, посвященную торговле людьми, и поручает Генеральному секретарю обновить эти документы, используя экспертные знания Специального предста- вителя ОБСЕ по борьбе с торговлей людьми и Группы по содействию борьбе с торговлей людьми для приведения их в соответствие с настоящим решением и до их выпуска пере- дать их государствам-участникам для комментариев и обсуждения;
5. Предлагает правительствам партнеров ОБСЕ по сотрудничеству со своей стороны выра- зить приверженность принципам, изложенным в настоящем решении, и в этих целях пору- чает Специальному представителю ОБСЕ по борьбе с торговлей людьми и Генеральному
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секретарю ОБСЕ предоставить соответствующую информацию и материалы партнерам ОБСЕ по сотрудничеству;
6. Поручает Специальному представителю ОБСЕ по борьбе с торговлей людьми предоста- вить соответствующим международным организациям учебные материалы ОБСЕ и дру- гую полезную информацию по борьбе с торговлей людьми;
7. Поручает Генеральному секретарю ОБСЕ ежегодно докладывать Постоянному совету в соответствии с положением III 11.1 Плана действий ОБСЕ по борьбе с торговлей людьми о выполнении настоящего решения в части, касающейся Кодекса поведения для должност- ных лиц ОБСЕ и служебной инструкции № 11.
Решение № 17/05:
Повышение эффективности ОБСЕ
Совет министров,
вновь заявляя о своей полной приверженности нормам, принципам и обязательствам во всех трех измерениях всеобъемлющего подхода ОБСЕ к безопасности, согласованным в период после подписания хельсинкского Заключительного акта 1975 года и Парижской хартии о новой Европе 1990 года,
отмечая роль Организации в качестве регионального соглашения по смыслу главы VIII Устава Организации Объединенных Наций,
напоминая о том, что все принятые в рамках ОБСЕ обязательства применяются в равной мере и касаются всех государств-участников,
подчеркивая роль Организации в качестве форума для политического диалога, одного из ключевых инструментов в деле раннего предупреждения, предотвращения конфликтов, регулирования кризисов и постконфликтного восстановления, а также нормотворческого органа, располагающего соответствующими институтами и структурами на местах, а также инструментами и механизмами,
вновь подтверждая важность всех трех измерений подхода ОБСЕ к безопасности, а также ее многомерный характер,
преисполненный решимости укреплять доверие между государствами- участниками и кре- пить чувство единства цели посредством открытого для всех политического диалога на рав- ноправной основе, а также оказания помощи на основе сотрудничества,
отмечая необходимость придать дополнительную целенаправленность работе Организа- ции в тех областях, где она обладает сравнительными преимуществами и может внести дополнительный вклад, при сохранении своего всеобъемлющего подхода к безопасности,
памятуя о необходимости того, чтобы основные приоритеты и планы действий были наце- лены на долгосрочную перспективу и соответствовали изменяющимся условиям безо- пасности, преисполненный решимости повышать эффективность Организации на базе суверенного равенства государств и принципа принятия решений консенсусом в интересах
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повышения транспарентности и укрепления среди всех государств- участников чувства причастности,
преисполненный решимости сделать эффективный учет гендерной проблематики неотъ- емлемой составляющей всех политических ориентиров, мероприятий и программ ОБСЕ,
ссылаясь на Решение Совета министров № 16/04 об учреждении Группы видных деятелей по вопросам повышения эффективности ОБСЕ,
выражая Группе признательность за целенаправленную работу, которая завершилась под- готовкой доклада под названием «Единство цели: сделать ОБСЕ более эффективной» (CIO. GAL/100/05 от 27 июня 2005 года), и принимая во внимание сформулированные в нем реко- мендации,
принимая также во внимание и другие вклады, в частности Парламентской ассамблеи, а также итоги консультаций на высоком уровне, состоявшихся в Вене 12–13 сентября 2005 года, отраженные в документе Председателя с изложением его понимания (CIO.GAL/132/05 от 16 сентября 2005 года),
считая необходимой дальнейшую работу над соответствующими мерами в связи с реко- мендациями Группы видных деятелей,
1. Поручает Постоянному совету продолжить работу, исходя из доклада Группы видных деятелей и итогов консультаций на высоком уровне, и представить Совету министров в 2006 году доклад о: • правилах процедуры; • совершенствовании процесса консультаций, включая рассмотрение структуры комитетов; • рассмотрении мер по совершенствованию планирования и повышению эффективности конференций ОБСЕ; • повышении действенности, эффективности и транспарентности работы Организации, включая ее бюджетное и внебюджетное финансирование, и совершенствовании ее ана- лиза и оценки; • рассмотрении путей дальнейшего повышения роли Генерального секретаря – при оказа- нии ему поддержки в выполнении в полном объеме его мандата, в том числе за счет даль- нейшего укрепления сотрудничества с руководителями институтов и структур на местах; • модернизации Секретариата с учетом, в частности, предложений Генерального секретаря и государств-участников, с целью дальнейшего укрепления его потенциала по обеспе- чению деятельности Действующего председателя и государств-участников и по коорди- нации деятельности ОБСЕ; • повышении эффективности институтов ОБСЕ и ее структур на местах; • изучении возможности придания ОБСЕ правового статуса и наделения привилегиями и иммунитетами – с учетом рекомендаций юридических экспертов; • дальнейшем совершенствовании программного планирования с целью лучшего отраже- ния в нем приоритетов Организации; • рассмотрении путей дальнейшего повышения профессионализма сотрудников ОБСЕ и совершенствования управления ее людскими ресурсами при должном соблюдении гендерного и географического баланса;
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• рассмотрении возможности направления тематических миссий в контексте всей
ОБСЕ и в субрегиональном контексте;
2. Поручает БДИПЧ представить на предмет обсуждения на следующей встрече Совета министров доклад о: • выполнении существующих обязательств, • возможных дополнительных обязательствах, • мерах по наращиванию и поддержке его деятельности, относящейся к выборной тематике, • повышении эффективности его помощи государствам-участникам, принимая во внима- ние и отвечая на вопросы, поднимаемые государствами- участниками, и в тесной кон- сультации с ними.
317 Документ четырнадцатой встречи Совета министров Брюссель, 2006 г.
I. Заявления и декларации Совета министров
Брюссельская декларация о системах уголовного правосудия
Мы, члены Совета министров ОБСЕ, вновь подтверждаем обязательства, связанные с отправ- лением уголовного правосудия, особенно те, которые содержатся в хельсинкском Заключи- тельном акте (1975 год), Венском итоговом документе (1989 год), Копенгагенском документе (1990 год), Парижской хартии для новой Европы (1990 год), Московском документе (1991 год), Будапештском документе (1994 год) и Хартии европейской безопасности (1999 год).
Мы ссылаемся на решения Совета министров № 3/05 о борьбе с транснациональной орга- низованной преступностью и № 12/05 об обеспечении прав человека и верховенстве закона в рамках систем уголовного правосудия (Любляна, 2005 год).
Мы ссылаемся далее на итоги семинара по человеческому измерению по обеспечению вер- ховенства закона и должного процессуального порядка в системах уголовного правосудия (Варшава, май 2006 года).
Мы также ссылаемся на соответствующие инструменты ООН, включая Всеобщую деклара- цию прав человека, международный Пакт о гражданских и политических правах и Конвен- цию ООН против пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания.
Мы ссылаемся на обязательство государств-участников обеспечивать независимость судеб- ной системы.
Мы признаем, что ничто в настоящем документе не должно подрывать или ущемлять существующие политические или юридические обязательства государств- участников в соответствии с международным правом и одновременно также отмечаем, что каждое государство-участник, действуя в соответствии со своей правовой традицией, определяет надлежащие пути их выполнения в своем национальном законодательстве.
Мы считаем, что: • независимость судов является предпосылкой для верховенства закона и служит осново- полагающей гарантией справедливого судебного разбирательства; • беспристрастность является неотъемлемым условием надлежащего исполнения судеб- ной должности; • добросовестность является неотъемлемым условием надлежащего исполнения судеб- ной должности;
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• обоснованность и доказательство обоснованности являются неотъемлемым условием для любой деятельности судьи; • гарантия равного обращения со всеми в судах является неотъемлемым условием для должной деятельности судебной инстанции; • компетентность и усердие являются предпосылкой для должной деятельности судеб- ной инстанции.
Мы считаем, что: • обвинители должны быть лицами, наделенными добросовестностью и способностями, и должны обладать надлежащей профессиональной подготовкой и квалификацией; • обвинители должны в любой момент времени поддерживать честь и достоинство своей профессии и уважать верховенство закона; • должность обвинителя должна быть четко отделена от судебных функций и обвинители должны уважать независимость и беспристрастность судей; • в соответствии с законом обвинители должны выполнять свои обязанности справед- ливым, последовательным и оперативным образом, уважать и защищать человеческое достоинство и права человека, содействуя таким образом обеспечению надлежащего процессуального порядка и беспрепятственного функционирования системы уголов- ного правосудия.
Мы считаем, что: • сотрудники правоохранительных органов должны в любой момент времени исполнять долг, возложенный на них законом, служа обществу и защищая всех лиц от незаконных актов в соответствии с высокой степенью ответственности, требуемой их профессией; • при исполнении своих обязанностей сотрудники правоохранительных органов должны уважать и защищать человеческое достоинство и поддерживать и охранять права чело- века всех лиц; • сотрудникам правоохранительных органов следует применять силу только сообразно необходимости и целесообразности для выполнения своей задачи и обеспечения безо- пасности населения; • сотрудники правоохранительных органов, будучи членами более широкой группы госу- дарственных служащих или других лиц, действующих в официальном качестве, не должны применять, провоцировать, поощрять или терпеть любой акт пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания; • никакой сотрудник правоохранительных органов не должен подлежать наказанию за то, что он не выполнил приказы о совершении или сокрытии актов, равнозначных пыт- кам и другим жестоким, бесчеловечным или унижающим достоинство видам обраще- ния и наказания; • сотрудники правоохранительных органов должны проявлять интерес и внимание к здо- ровью лиц, содержащихся под их стражей, и, в частности, должны принимать неотлож- ные меры для обеспечения медицинской помощи, когда бы она ни потребовалась;
Мы считаем, что: • следует принимать все необходимые меры, с тем чтобы уважать, защищать и развивать свободу исполнения профессии адвоката без какой-либо дискриминации или неумест- ного вмешательства со стороны властей или общественности;
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• решения, касающиеся выдачи разрешения практиковать в качестве адвоката или при- соединиться к профессии должны приниматься независимым органом. Такие решения, независимо от того приняты они независимым органом или нет, должны подлежать рас- смотрению независимым и беспристрастным органом правосудия; • адвокаты не должны подвергаться каким-либо санкциям или давлению или угрозе их применения, действуя в соответствии со своими профессиональными стандартами; • адвокаты должны иметь доступ к своим клиентам, в том числе, в частности, к лицам, лишенным свободы, с тем чтобы иметь возможность консультировать их наедине и пред- ставлять своих клиентов в соответствии с установленными профессиональными стан- дартами; • должны быть приняты все необходимые и разумные меры для обеспечения уважения кон- фиденциальности отношений адвоката и клиента. Исключения из этого правила позво- лительны только в случаях их совместимости с верховенством закона; • адвокатам не должны отказывать в доступе к суду, в котором они правомочны появляться, и они должны иметь доступ ко всем соответствующим свидетельствам и протоколам при защите прав и интересов своих клиентов в соответствии со своими профессиональ- ными стандартами.
Мы считаем, что при исполнении наказания в виде лишения свободы и обращении с заклю- ченными следует учитывать требования охраны, безопасности и дисциплины при одно- временном обеспечении условий заключения, не нарушающих человеческое достоинство и предоставляющих заключенным возможности для значимой трудовой занятости и над- лежащих программ обращения, готовя их тем самым к реинтеграции в общество.
Мы призываем все государства-участники полностью выполнять свои обязательства и меж- дународно-правовые обязательства для обеспечения справедливого и эффективного функ- ционирования их систем уголовного правосудия.
Брюссельское заявление министров о поддержке и развитии международно- правовых рамок борьбы с терроризмом
Мы, члены Совета министров ОБСЕ, подтверждаем нашу твердую решимость бороться с терроризмом во всех его формах и проявлениях как преступлением, не имеющим никакого оправдания, независимо от мотивов и происхождения, а также продолжать и укреплять контртеррористическую деятельность ОБСЕ в соответствии с действующими обязатель- ствами ОБСЕ.
Мы подчеркиваем, что меры для ведения этой борьбы должны приниматься при полном уважении принципа верховенства закона и в соответствии с нашими обязательствами в рам- ках международного права, в частности согласно международным стандартам в области прав человека, беженскому праву и гуманитарному праву.
Мы убеждены в важности укрепления международно-правовых рамок борьбы с терро- ризмом, состоящими из универсальных конвенций и протоколов, связанных с предупре- ждением и пресечением терроризма, соответствующих резолюций Совета Безопасности Организации Объединенных Наций, недавно принятой Глобальной контртеррористиче- ской стратегии Организации Объединенных Наций, а также региональных и двусторон- них правовых инструментов, касающихся терроризма.
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Мы призываем государства – участники ОБСЕ выполнять соответствующие резолюции Совета Безопасности Организации Объединенных Наций, касающиеся борьбы с терро- ризмом.
Мы приветствуем существенный прогресс, достигнутый государствами- участниками в выполнении обязательства Бухарестского Совета министров о присоединении к 12 анти- террористическим конвенциям и протоколам, когда 46 государств-участников являются участниками всех 12 инструментов, находящихся в настоящее время в силе.
Мы призываем те государства – участники ОБСЕ, которые еще не сделали этого, приложить все усилия к тому, чтобы присоединиться без промедления в качестве сторон к универ- сальным конвенциям и протоколам против терроризма, находящимся в настоящее время в силе, и выполнять их, в частности путем введения уголовной ответственности в их вну- треннем законодательстве за преступления, связанные с терроризмом.
Мы подтверждаем свой призыв к государствам – участникам ОБСЕ рассмотреть возмож- ность присоединиться в качестве сторон к Международной конвенции о борьбе с актами ядерного терроризма и Конвенции Организации Объединенных Наций против трансна- циональной организованной преступности, а также Конвенции Организации Объединен- ных Наций против коррупции, и поддерживать прилагаемые в настоящее время усилия по принятию всеобъемлющей конвенции о международном терроризме на условиях, которые способствуют достижению контртеррористических целей международного сообщества.
Мы призываем государства-участники рассмотреть возможность присоединиться в каче- стве сторон к региональным и субрегиональным правовым инструментам, касающимся терроризма или правового сотрудничества в уголовных делах, принятым организациями, к которым мы принадлежим, а также – в случаях, когда необходимо, заполнить бреши в существующих правовых инструментах – заключать двусторонние соглашения о взаимной правовой помощи и выдаче, с тем чтобы иметь возможность полноценно сотрудничать – в соответствии с применимыми нормами внутреннего и международного права – в розыске и привлечении к ответственности исполнителей, организаторов, пособников и спонсоров террористических актов на основе принципа «либо выдай, либо суди».
Мы продолжим обмен информацией, в том числе через Постоянный совет и Форум по сотрудничеству в области безопасности, о прогрессе, достигнутом в присоединении в каче- стве сторон к международным, региональным и двусторонним правовым инструментам против терроризма и по правовому сотрудничеству в уголовных делах, а также об измене- ниях национального законодательства, касающегося терроризма.
Мы приветствуем работу, проделанную к настоящему времени структурами, институтами и полевыми присутствиями ОБСЕ во взаимодействии с Управлением Организации Объ- единенных Наций по наркотикам и преступности, Советом Европы и другими соответ- ствующими региональными организациями, по укреплению правового режима борьбы с терроризмом путем содействия выполнению обязательств государств-участников в соот- ветствии с универсальными и региональными антитеррористическими инструментами, участниками которых они являются, и облегчения международно-правового сотрудниче- ства в уголовных делах, и побуждаем их продолжать эту работу.
Мы будем продолжать также развивать взаимодействие и диалог со средиземноморскими и азиатскими партнерами по сотрудничеству в вопросах поддержки и дальнейшего разви- тия международно-правовых рамок борьбы с терроризмом.
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Заявление Совета министров по миграции
1. Мы, министры иностранных дел государств – участников ОБСЕ, приветствуя подготов- ленный доклад о деятельности ОБСЕ в области миграции с 2005 года, и выражая удовлетво- рение и дальнейшую поддержку работе, проводимой по проблеме миграции и интеграции во всех трех измерениях ОБСЕ и затрагивающей все страны, включая страны происхож- дения, назначения и транзита.
2. Учитывая актуальность проблемы миграции, которую она приобрела в международных и национальных делах, мы подтверждаем Решение № 2/05 Совета министров о миграции и просим Постоянный совет и соответствующие структуры ОБСЕ, в рамках их соответству- ющих мандатов, продолжать рассматривать соответствующие вопросы миграции и инте- грации в качестве составной части всеобъемлющего подхода Организации к безопасности.
3. В ходе диалога ООН на высоком уровне по вопросу о международной миграции и разви- тии, в частности, обсуждался вопрос взаимосвязи между этими двумя сложными явлени- ями, и при этом было подчеркнуто, что миграция может выступать в качестве позитивной силы развития во всех странах, и подтверждено значение мер по обеспечению координа- ции действий между соответствующими международными и региональными организаци- ями, осуществляющими деятельность в этих областях.
4. В силу процесса глобализации и повышения мобильности диалог и сотрудничество между правительствами на двустороннем, региональном и международном уровнях приобретают все возрастающее значение при обращении к возможностям и вызовам, порождаемым меж- дународной миграцией как внутри стран, так и между всеми странами, включая страны происхождения, назначения и транзита.
5. В связи с ростом феномена как по уровню, так и по степени сложности, мы призываем все соответствующие институты и структуры ОБСЕ, в рамках их существующих мандатов, продолжать свою работу по вопросам миграции и интеграции во всех трех измерениях, в частности по вопросу потенциального вклада миграции в процесс устойчивого развития и совместного развития; содействовать интеграции с учетом культурного и религиозного многообразия; решать проблемы вынужденной миграции при соблюдении соответствую- щих международно-правовых обязательств и бороться с незаконной миграцией, а также эксплуатацией, дискриминацией, злоупотреблениями и проявлениями расизма по отно- шению к мигрантам, уделяя особое внимание женщинам и детям; и содействовать диалогу, партнерству и сотрудничеству между государствами-участниками ОБСЕ и партнерами по сотрудничеству в вопросах, связанных с миграцией.
6. Мы отмечаем хорошую совместную работу, проделанную при подготовке Руководства ОБСЕ, МОМ и МОТ по разработке эффективной политики в области трудовой миграции в странах происхождения и назначения, а также при осуществлении комплекса мер по содействию совершенствованию управления миграцией. Это Руководство служит эффек- тивным инструментом наращивания потенциала, являющегося ключевым элементом при подготовке правительственных учреждений к внедрению системы управления миграцией для регулирования миграционных потоков.
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II. Решения Совета министров
Решение № 3/06:
Борьба с торговлей людьми
Совет министров,
вновь подтверждая обязательства, взятые государствами-участниками в области борьбы с торговлей людьми,
вновь подтверждая План действий ОБСЕ по борьбе с торговлей людьми, включая Допол- нение к нему, касающееся особых потребностей детей, являющихся жертвами торговли людьми, в защите и помощи (PC.DEC/557/Rev.1 от 7 июля 2005 года),
напоминая о решении № 2/03 одиннадцатой встречи Совета министров в Маастрихте о борьбе с торговлей людьми, согласно которому под эгидой Постоянного совета был учре- жден механизм ОБСЕ для оказания государствам-участникам помощи в борьбе с торгов- лей людьми,
вновь подтверждая важность наличия надлежащей структуры с адекватными администра- тивно-финансовыми ресурсами, которая может функционировать на политическом уровне,
1. Постановляет преобразовать механизм ОБСЕ для оказания государствам- участни- кам помощи в борьбе с торговлей людьми, учрежденный под эгидой Постоянного совета, в составную часть Секретариата. Эта структура, которую будет возглавлять видный дея- тель, выступающий в качестве специального представителя и представляющий ОБСЕ на политическом уровне, формируется из нанимаемых по контракту и прикомандированных сотрудников, включая тех, которые входят в состав нынешней Группы по содействию борьбе с торговлей людьми, назначаемых или направляемых на службу в соответствии с Положе- ниями и правилами о персонале ОБСЕ;
данная структура должна: a) оказывать государствам – участникам ОБСЕ содействие в выполнении обязательств и всемерном применении рекомендаций, содержащихся в Плане действий ОБСЕ по борьбе с торговлей людьми, включая Дополнение к нему, касающееся особых потребностей детей, являющихся жертвами торговли людьми, в защите и помощи; b) обеспечивать координацию усилий ОБСЕ в борьбе с торговлей людьми во всех трех изме- рениях ОБСЕ и действовать в качестве центрального звена в усилиях ОБСЕ в данной области; c) усиливать сотрудничество между соответствующими властями государств- участников, а также между ОБСЕ и другими соответствующими организациями; d) повышать общественно-политическую значимость борьбы с торговлей людьми; e) действовать во всем регионе ОБСЕ и по мере необходимости оказывать государствам-у- частникам – в духе сотрудничества и после консультаций с соответствующими властями заинтересованных государств-участников – содействие в усилиях, направленных на осу- ществление их обязательств по борьбе с торговлей людьми;
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f) предоставлять консультационное и техническое содействие и способствовать ему в сфере разработки законодательства и политики совместно, когда это необходимо, с другими струк- турами ОБСЕ, действующими в данной области; g) быть готова предоставлять рекомендации органам высокого уровня, представляющим законодательную, судебную и исполнительную ветви власти государства-участников, и обсуждать с ними осуществление Плана действий ОБСЕ по борьбе с торговлей людьми, включая Дополнение к нему, а также выполнение обязательств в области борьбы с торгов- лей людьми. В конкретных случаях, требующих особого внимания, стремиться должным образом вступать в прямые контакты с соответствующими государствами-участниками и обсуждать вопросы оказания при необходимости консультационных услуг и конкрет- ного содействия; h) сотрудничать с национальными координаторами, национальными докладчиками или иными национальными механизмами, учрежденными государствами- участниками в целях координации и мониторинга действий государственных учреждений в области борьбы с тор- говлей людьми. Она также будет сотрудничать с соответствующими неправительственными организациями в государствах-участниках. Кроме того, она возьмет на себя ответственность в рамках ОБСЕ за организацию и содействие проведению встреч по обмену информацией и опытом между национальными координаторами, представителями, назначенными госу- дарствами-участниками, или экспертами по борьбе с торговлей людьми; i) тесно сотрудничать с Бюро по демократическим институтам и правам человека (БДИПЧ) и другими институтами ОБСЕ, соответствующими структурами Секретариата, вклю- чая Бюро Координатора деятельности ОБСЕ в области экономики и окружающей среды (БКДЭОС), Группой по стратегическим вопросам полицейской деятельности (ГСПД), стар- шим советником по гендерным вопросам, а также, где это необходимо, со структурами ОБСЕ на местах, выполняя координирующую роль и полностью соблюдая их мандаты. Опираясь на существующий в ОБСЕ экспертный потенциал, структуры ОБСЕ, занимаю- щиеся деятельностью в данной области, будут тесно консультироваться друг с другом и со Специальным представителем во избежание дублирования усилий, для обеспечения их взаимодополняемости и последовательности, а также стремиться по мере необходимости выработать комплексный подход; j) сотрудничать и стремиться к взаимодополнению усилий с соответствующими между- народными субъектами, включая региональные организации, межправительственные учреждения и неправительственные организации; продолжать созывать, организовывать и возглавлять совместные инициативы «Союза борьбы с торговлей людьми»;
2. Призывает Генерального секретаря и Действующего председателя консультироваться друг с другом относительно назначения видного деятеля, обладающего соответствующим профессиональным и политическим опытом: • Генеральный секретарь, с согласия Председательства и в соответствии с Решением № 15/04, принятым на двенадцатой встрече Совета министров в Софии, назначит указанного дея- теля координатором на уровне D2; • Действующее председательство присвоит координатору функции и звание Специального представителя по борьбе с торговлей людьми, с тем чтобы он мог соответствующим обра- зом представлять ОБСЕ на политическом уровне. С государствами-участниками будут проведены консультации в соответствии с Решением № 8, принятым на десятой встрече Совета министров в Порту;
3. Устанавливает, что Специальный представитель будет политически подотчетен Посто- янному совету и будет на регулярной основе и по мере необходимости представлять ему
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доклады после консультаций с Действующим председателем и Генеральным секретарем, а также в соответствии с Решением № 13/05, принятым на тринадцатой встрече Совета министров в Любляне;
4. Постановляет, что начиная с 2007 года порядок финансирования будет изменен таким образом, чтобы существующая в настоящее время в рамках сводного бюджета программа под названием «Специальный представитель по борьбе с торговлей людьми» вошла в состав основной программы, носящей сейчас название «Группа содействия борьбе с торговлей людьми»;
5. Постановляет, что настоящее решение принимается во изменение Решения № 2/03, при- нятого на одиннадцатой встрече Совета министров в Маастрихте, и что Постоянный совет может при необходимости вносить в него изменения.
Решение № 5/06:
Организованная преступность
Совет министров,
высказывая вновь глубокую обеспокоенность по поводу негативных последствий органи- зованной преступности для мира, стабильности и безопасности,
будучи обеспокоен тем, что организованная преступность становится все более эффектив- ной в эксплуатации нашей глобализованной экономики и открытых обществ и представляет собой растущий многомерный вызов всем государствам-участникам во всем районе ОБСЕ,
будучи обеспокоен тем, что организованная преступность распоряжается огромными богатствами и может оказывать чудовищное влияние, потенциально подрывая демокра- тические ценности в наших обществах и угрожая прямо или косвенно спокойствию и без- опасности обычных граждан,
будучи также обеспокоен вызовами и угрозами, исходящими от связей между организо- ванной преступностью, торговлей людьми, незаконным оборотом оружия и наркотиков, коррупцией и терроризмом, а также другими формами транснациональной и внутригосу- дарственной преступной деятельности,
будучи убежден, что борьба с организованной преступностью должна оставаться централь- ным элементом нашей политики по обеспечению спокойствия и безопасности наших граж- дан, как на национальном уровне, так и путем международного сотрудничества,
подчеркивая, что с организованной преступностью можно эффективнее всего бороться при помощи демократических институтов, уважающих права человека и верховенство закона и подотчетных гражданам и гражданскому обществу,
подчеркивая ключевую роль, которую играет действенная и эффективная система уголов- ного правосудия для поддержания общественного спокойствия и безопасности,
признавая, что политика и деятельность, касающиеся системы уголовного правосудия, должны включать в себя и охватывать, среди прочего, предупреждение преступности,
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правоохранительную деятельность, полицию, судебную систему, уголовное преследова- ние, адвокатов и уголовно-пенитенциарные системы,
признавая, что эффективные и действенные системы уголовного правосудия могут созда- ваться лишь на основе верховенства закона и защиты прав человека, и что верховенство закона само по себе требует защиты таких систем уголовного правосудия,
признавая, что эффективные и действенные системы уголовного правосудия, основанные на верховенстве закона, являются предпосылкой для борьбы с организованной преступно- стью, торговлей людьми, незаконным оборотом наркотиков и оружия, терроризмом, кор- рупцией и другими формами транснациональной и внутригосударственной криминальной деятельности и что требуются квалифицированные ответы на эти вызовы безопасности в общих рамках системы уголовного правосудия,
признавая непреходящее значение стандартов и норм Организации Объединенных Наций в области предупреждения преступности и уголовного правосудия и роли Управления Организации Объединенных Наций по наркотикам и преступности (ЮНОДК) в поддержке их использования и применения и приветствуя расширение сотрудничества между Секре- тариатом ОБСЕ, ЮНОДК и Комиссией ООН по предупреждению преступности и уголов- ному правосудию;
признавая деятельность других органов Организации Объединенных Наций и других меж- дународных форумов в области верховенства закона, признавая значение выполнения обя- зательств по Конвенции Организации Объединенных Наций против транснациональной организованной преступности (Палермская конвенция) и, там, где это необходимо, допол- нительных протоколов к ней и обязательств по Конвенции Организации Объединенных Наций против коррупции как средства борьбы с организованной преступностью и корруп- цией и средства укрепления международного сотрудничества в уголовных делах, прини- мая к сведению соответствующие конвенции и протоколы к ним, выработанные в рамках Совета Европы,
принимая к сведению итоги семинаров и практикумов ОБСЕ, состоявшихся в 2005 и 2006 годах, по вопросам международного правового сотрудничества в уголовных делах, пред- упреждения терроризма, незаконных наркотиков и другим формам незаконного оборота,
признавая, что ОБСЕ необходимо сфокусировать внимание на укреплении международ- но-правового сотрудничества и совершенствовании систем уголовного правосудия как части своей общей повестки дня в области безопасности в координации с Организацией Объединенных Наций и другими многосторонними форумами,
1. Настоятельно призывает государства-участники продолжать борьбу с организованной преступностью, как важной угрозой, и по возможности, укреплять выполнение своих соот- ветствующих международно-правовых обязательств и политических обязательств ОБСЕ во всех областях их систем уголовного правосудия;
2. Рекомендует рассмотреть возможность принятия, при необходимости, национальных планов, касающихся проблем, связанных с безопасностью, и применять интегрированный подход с учетом того факта, что каждый элемент системы уголовного правосудия оказы- вает воздействие на другие элементы;
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3. Предлагает государствам-участникам рассмотреть возможность проведения самооценки своих систем уголовного правосудия, используя, при необходимости, инструменты, предо- ставленные международными организациями, такие, как инструментарии оценки ЮНОДК/ ОБСЕ, и использовать, если это необходимо, наилучшим образом другие имеющиеся в рас- поряжении инструменты, включая инструменты Совета Европы (ЕКЭП) и других органи- заций, научных сообществ или юридических ассоциаций;
4. Настоятельно призывает государства-участники уделять надлежащее внимание добро- совестности и профессионализму правоохранительных учреждений и органов уголовного преследования, эффективному отправлению правосудия и надлежащей работе судебной системы, независимости судов и должному функционированию пенитенциарной системы и изучить возможные альтернативы наказанию в виде лишения свободы;
5. Рекомендует в качестве части планирования политики в области предупреждения орга- низованной преступности и борьбы с ней усовершенствование сбора и анализа данных, разработку и использование в странах оценок опасностей и угроз и развитие обмена инфор- мацией и примеров наилучшей практики в той степени, в какой это еще не сделано;
6. Рекомендует наращивать национальные усилия в области международного сотрудниче- ства, координации и обмена информацией в качестве важного шага в области противодей- ствия транснациональной организованной преступности;
7. Настоятельно призывает государства-участники расширять международно-правовое сотрудничество в уголовных делах путем, среди прочего, рассмотрения вопроса о присое- динении в качестве сторон к Конвенции ООН против транснациональной организованной преступности (Палермская конвенция) и, если необходимо, дополнительных протоколов к ней, Конвенции ООН против коррупции, а также путем выполнения своих обязательств по этим и другим многосторонним и двусторонним инструментам правового сотрудниче- ства, участниками которых они являются, в том числе путем соответствующего использо- вания надлежащих статей о взаимной правовой помощи и экстрадиции;
8. Настоятельно призывает государства-участники рассмотреть возможность присоедине- ния, в случае необходимости, к Конвенции о передаче осужденных лиц (Страсбург, 21 ноя- бря 1983 года) и Дополнительному протоколу к ней от 1997 года и рассмотреть возможность вступления в двусторонние соглашения, дополняющие данную Конвенцию, для облегче- ния передачи осужденных лиц;
9. Поддерживает международное полицейское сотрудничество и принимает к сведению итоги встречи руководителей полицейских ведомств стран ОБСЕ, состоявшейся в Брюс- селе 24 ноября 2006 года, включая предложение о проведение регулярных встреч, когда такие встречи координируются и проводятся с учетом других встреч руководителей поли- цейских ведомств;
10. Рекомендует предпринять усилия по расширению связей с населением, в том числе путем сотрудничества между правоохранительными органами и организациями граж- данского общества, с тем чтобы граждане могли более ясно осознавать свои гражданские права, испытывать большее доверие к системе уголовного правосудия как гаранту этих прав и чувствовать себя комфортно при обращении в соответствующие органы;
11.а) Поручает Генеральному секретарю и соответствующим исполнительным структу- рам ОБСЕ, в пределах их мандатов, уделять повышенное внимание в своей политике
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и деятельности ключевой роле системы уголовного правосудия в организационном стро- ительстве и содействии верховенству закона, а также сотрудничать и более тесно коор- динировать работу, с тем чтобы лучше учитывать взаимодействие между компонентами этих систем; b) поручает Генеральному секретарю и соответствующим исполнительным структурам ОБСЕ, в пределах их мандатов, развивать и консолидировать существующие знания и опыт в области уголовного правосудия и борьбы с организованной преступностью; c) поручает Генеральному секретарю поддерживать и развивать международно-правовое сотрудничество в уголовных делах между государствами- участниками, принимая также во внимание рамки, предоставленные Конвенцией ООН против транснациональной орга- низованной преступности, и поддерживая Конференцию ее участников, и продолжать сотрудничать с ЮНОДК по вопросам, в частности, борьбы с организованной преступно- стью и оборотом незаконных наркотиков; d) поручает Генеральному секретарю и БДИПЧ регулярно информировать государства-у- частники и представить государствам-участникам совместный письменный доклад по вопросу о выполнении вышеупомянутых задач до летнего перерыва в 2007 году; e) поручает Постоянному совету принять к сведению вышеупомянутый доклад и рассмо- треть, в случае необходимости, возможность дальнейших шагов; f) поручает Генеральному секретарю и соответствующим исполнительным структурам ОБСЕ, включая БДИПЧ, при необходимости координируя работу и сотрудничая с другими международными организациями и институтами, быть готовыми реагировать на проект- ные предложения и просьбы о сотрудничестве от государств-участников и рассматривать возможности содействия программам подготовки, делая все это в рамках своих соответ- ствующих мандатов и при наличии взносов на эти цели; g) подчеркивает значение расширения единства и преемственности усилий всех соответ- ствующих органов ОБСЕ, а также укрепления сотрудничества со специализированными учреждениями. В этом контексте поручает Генеральному секретарю укреплять координа- цию такой деятельности в рамках имеющихся ресурсов и мандатов. Предлагает государ- ствам-участникам оказывать поддержку этой деятельности.
Решение № 7/06:
Противодействие использованию интернета в террористических целях
Совет министров,
напоминая о своем предыдущем решении по этому вопросу (MC.DEC/3/04),
будучи по-прежнему серьезно обеспокоен ростом использования Интернета в террори- стических целях, как это было отмечено в вышеупомянутом решении и иных документах,
вновь подтверждая в данном контексте важность всестороннего уважения права на свободу мнений и свободу выражения, включая свободу искать, получать и передавать информа- цию, которые жизненно важны для демократии и фактически укрепляются благодаря сети Интернет (PC.DEC/633 от 11 ноября 2004 года) и верховенству закона,
признавая, что в резолюции 1624 (2005) Совета Безопасности Организации Объединен- ных Наций содержится призыв к государствам принимать меры, которые необходимы
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и уместны, и в соответствии с их обязательствами по международному праву законода- тельно запретить подстрекательство к совершению террористического акта или актов и предотвращать такое поведение,
вновь подтверждая наши обязательства в соответствии с Глобальной контртеррористиче- ской стратегией Организации Объединенных Наций, в частности осуществлять «координа- цию усилий, предпринимаемых на международном и региональном уровнях в целях борьбы с терроризмом во всех его формах и проявлениях в сети Интернет» и «использование сети Интернет в качестве инструмента борьбы с распространением терроризма, признавая при этом, что государствам может потребоваться помощь в этих вопросах»,
принимая во внимание сделанный в докладе Контртеррористического комитета Организа- ции Объединенных Наций (S/2006/737 от 15 сентября 2006 года) вывод, что ряд государств сообщили о том, что они изучают возможность введения в своем внутреннем законодатель- стве запрета на подстрекательство применительно к сети Интернет,
отмечая недавно принятые документы, в частности Конвенцию Совета Европы о преду- преждении терроризма, в части обязательств государств-участников этой Конвенции ввести уголовную ответственность за публичное подстрекательство к совершению террористиче- ского преступления, вербовку и подготовку в целях терроризма,
напоминая о Конвенции Совета Европы по киберпреступности (2001), единственном юри- дически обязательном многостороннем инструменте, непосредственно посвященном кибер- преступности, в частности обеспечивающем общеправовые рамки для международного сотрудничества между государствами- участниками этой Конвенции в борьбе с киберпре- ступностью, и ее Дополнительном протоколе, касающемся криминализации актов расизма и ксенофобии, совершаемых с помощью компьютерных систем,
признавая обязательство, принятое на саммите «Группы восьми» (Санкт- Петербург, Россий- ская Федерация, 16 июля 2006 года) об эффективном противодействии попыткам злонаме- ренного использования киберпространства в целях терроризма, включая подстрекательство к совершению террористических актов, передаче информации и планированию террори- стических актов, а также вербовку и подготовку террористов, и, в частности, отмечая роль действующей круглосуточно семь дней в неделю Сети «Группы восьми» по борьбе с ком- пьютерными преступлениями для противодействия уголовному поведению в киберпро- странстве,
напоминая об итогах Специального совещания ОБСЕ по взаимосвязи между расистской, ксенофобской и антисемитской пропагандой в Интернете и преступлениями на почве нена- висти (Париж, 15–16 июня 2004 года), а также об итогах Экспертного семинара ОБСЕ по борьбе с использованием Интернета в террористических целях (Вена, 13–14 октября 2005 года) и Экспертного семинара ОБСЕ и Совета Европы по теме «Предупреждение терроризма: борьба с подстрекательством и иной террористической деятельностью» (Вена, 19–20 октября 2006 года), и соответствующей работе, проделанной Секретариатом и институтами ОБСЕ, в частности Представителем по вопросам свободы средств массовой информации и БДИПЧ,
принимая во внимание различные национальные подходы к определению информации «незаконного» и «нежелательного» содержания и различные меры применения незаконной и нежелательной информации в киберпространстве, такие как возможное использование оперативных данных, полученных из переписки и информации в Интернете, для закры- тия веб-сайтов террористических организаций и веб-сайтов тех, кто их поддерживает,
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будучи обеспокоен продолжающимися атаками хакеров, которые, хотя и не будучи связан- ными с терроризмом, все-таки демонстрируют наличие экспертных знаний в этой области, и тем самым, обеспечивают возможность террористических кибератак на компьютерные системы, влияющих на функционирование критических инфраструктур, финансовых учреждений или других жизненно важных сетей,
1. Постановляет активизировать деятельность ОБСЕ и ее государств-участников, глав- ным образом путем укрепления международного сотрудничества в деле противодействия использованию Интернета в террористических целях;
2. Призывает государства-участники рассмотреть возможность принятия всех соответству- ющих мер по защите критической информационной инфраструктуры и информационных сетей от угрозы кибернападения;
3. Призывает государства-участники рассмотреть возможность присоединения в качестве сторон к существующим международным и региональным правовым инструментам, вклю- чая конвенции Совета Европы о киберпреступности (2001) и о предупреждении терроризма (2005), и выполнять свои обязательства по этим инструментам;
4. Побуждает государства-участники, в случае необходимости, присоединиться к действую- щей круглосуточно семь дней в неделю Сети «Группы восьми» по борьбе с компьютерными преступлениями и назначить соответствующий орган/контактное лицо для связи с этой сетью в целях содействия международному сотрудничеству правоохранительных органов в борьбе со злонамеренным уголовным использованием киберпространства и в уголовных делах, в которых используются электронные доказательства;
5. Призывает государства-участники, при получении просьбы о принятии мер в отношении информации, являющейся противоправной по их внутреннему законодательству и разме- щенной на сайте под их юрисдикцией, принимать все соответствующие меры, направленные против такой информации, и сотрудничать с другими заинтересованными государствами, в соответствии с их внутренним законодательством и принципом верховенства закона, а также согласно их международным обязательствам, в том числе международным стандар- там в области прав человека;
6. Предлагает государствам-участникам расширить их мониторинг веб-сайтов террори- стических/насильственно-экстремистских организаций и их сторонников, а также акти- визировать обмен информацией в рамках ОБСЕ и других соответствующих форумов по использованию Интернета в террористических целях и мерам противодействия, в соответ- ствии с внутренним законодательством, обеспечивая в то же время соблюдение междуна- родных обязательств и стандартов в области прав человека, в том числе касающихся прав на неприкосновенность частной жизни, свободу мнений и свободу выражения, и верхо- венство закона. Следует избегать дублирования с деятельностью, осуществляемой в рам- ках других международных форумов;
7. Рекомендует государствам-участникам изучить возможность более активного вовлече- ния институтов гражданского общества и частного сектора в деятельность по предупреж- дению и противодействию использованию Интернета в террористических целях;
8. Побуждает государства-участники принять участие в запланированной на май 2007 года «Политической конференции ОБСЕ по партнерству государственного и частного секто- ров в противодействии терроризму» в Вене, на которой основное внимание будет уделено
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жизненно важной роли частного сектора, включая деловые круги, гражданское общество и средства массовой информации, которую они могут играть совместно с правительствами в предупреждении терроризма и борьбе с ним;
9. Поручает Генеральному секретарю развивать, главным образом через Контртеррористи- ческую сеть ОБСЕ, обмен информацией об угрозе, возникающей в связи с использованием Интернета в террористических целях, включая подстрекательство, вербовку, сбор средств, подготовку, выбор целей и планирование террористических актов, и информацией о зако- нодательных и иных мерах, принимаемых с целью противодействия этой угрозе.
Решение № 13/06:
Борьба с нетерпимостью и дискриминацией и содействие взаимному уважению и пониманию
Совет министров,
отмечая, что уважение прав человека и основных свобод, демократии и верховенства закона занимает центральное место в принятой в ОБСЕ всеобъемлющей концепции безопасности,
признавая, что проявления дискриминации и нетерпимости угрожают безопасности отдель- ных лиц и единству общества и могут привести к более широкомасштабным конфликтам и насилию,
отмечая, что содействие культуре взаимного уважения, понимания и равенства и обеспе- чение равных возможностей для эффективного участия в демократических обществах тре- буют системного, всеобъемлющего и долгосрочного подхода,
будучи глубоко обеспокоен расистскими, ксенофобскими и дискриминационными публич- ными выступлениями,
вновь подтверждая необходимость в проявлении государствами-участниками решимо- сти в борьбе со всеми актами и проявлениями ненависти, в том числе преступлениями на почве ненависти, признавая, что усилия, необходимые для борьбы с ними, часто требуют общего подхода, и признавая одновременно своеобразие проявлений и исторического фона каждой формы,
ссылаясь на свои обязательства в области терпимости и недискриминации, провозглашен- ные в хельсинкском Заключительном акте 1975 года, Парижской хартии для новой Европы 1990 года, документе Краковского симпозиума о культурном наследии государств – участ- ников СБСЕ 1991 года, Хартии европейской безопасности 1999 года, а также в решениях Совета министров ОБСЕ, принятых в Порту (MC(10).DEC/6), Маастрихте (MC.DEC/4/03), Софии (MC.DEC/12/04) и Любляне (MC.DEC/10/05),
отмечая, что ОБСЕ делает особый акцент на борьбе с нетерпимостью и дискриминацией и на содействии взаимному уважению и пониманию, о чем свидетельствует проведение конференций по антисемитизму и по расизму, ксенофобии и дискриминации (Вена, 2003 год), Конференции по антисемитизму (Берлин, апрель 2004 года), Совещания по вопросу о связи между пропагандой расизма, ксенофобии и антисемитизма в Интернете и престу- плениями на почве ненависти (Париж, июнь 2004 года), Конференции на тему терпимо- сти и борьбы с расизмом, ксенофобией и дискриминацией (Брюссель, сентябрь 2004 года)
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и Конференции по антисемитизму и иным формам нетерпимости (Кордова, июнь 2005 года), и ссылаясь на итоги этих конференций,
вновь подтверждая свою решимость выполнять существующие обязательства по ОБСЕ в области терпимости и недискриминации и отмечая вклад тематических совещаний 2006 года по выполнению в области терпимости, касающихся межкультурного, межрелигиоз- ного и межэтнического понимания (Алматы), просвещения в области содействия взаим- ному уважению и пониманию и просвещению в отношении Холокоста (Дубровник) и сбора данных о преступлениях на почве ненависти (Вена),
признавая работу трех личных представителей Действующего председателя в поддержку общих усилий ОБСЕ по борьбе с нетерпимостью и дискриминацией и стремясь к рассмо- трению Действующим председателем их вклада в эти общие усилия в ходе 2007 года в кон- сультации с государствами-участниками,
отмечая ключевую роль гражданского общества, которую оно может сыграть в борьбе с нетерпимостью и дискриминацией и в содействии взаимному уважению и пониманию,
будучи встревожен любым усилением политических партий, движений и групп, пропа- гандирующих насилие,
будучи также обеспокоен в этом контексте проявлениями насильственного экстремизма, связанного с расизмом, ксенофобией, антисемитизмом, агрессивным национализмом и нео- нацизмом,
напоминая о вкладе ОБСЕ в инициативу ООН «Альянс цивилизаций» в целях укрепления коллективной политической воли и мобилизации совместных действий на институциональ- ном уровне и уровне гражданского общества для содействия взаимному уважению и пони- манию и отмечая доклад Группы высокого уровня, представленный Генеральному секретарю ООН 13 ноября 2006 года в Стамбуле, имеющий целью создание под эгидой ООН партнерств между международными организациями, которые разделяют цели «Альянса цивилизаций»,
1. Постановляет созвать в первой половине 2007 года Конференцию высокого уровня по борьбе с дискриминацией и содействию взаимному уважению и пониманию в развитие Конференции по антисемитизму и другим формам нетерпимости, состоявшейся в Кордове в 2005 году, и приветствует предложение Румынии принять эту конференцию;
2. Поручает Постоянному совету рассмотреть пути дальнейшего укрепления эффективно- сти, единообразия и последовательности в работе ОБСЕ в области борьбы с нетерпимостью и дискриминацией и содействия взаимному уважению и пониманию, начиная с 2007 года, в целях более эффективного выполнения обязательств;
3. Побуждает государства-участники признать тот позитивный вклад, который все лица могут внести в гармоничный плюралистический характер наших обществ путем развития политики, сфокусированной на равенстве возможностей, правах, доступе к правосудию и общественным службам и развитии диалога и эффективного участия;
4. Обязуется повышать осознание ценности культурного и религиозного многообразия как источника взаимного обогащения обществ и признавать значение интеграции в отноше- нии культурного и религиозного многообразия в качестве ключевого элемента, содейству- ющего взаимному уважению и пониманию;
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5. Призывает государства-участники бороться с коренными причинами нетерпимости и дискриминации, поощряя развитие всеобъемлющей политики и стратегий внутреннего образования, а также путем укрепления мер просвещения, которые: • содействуют большему пониманию и уважению различных культур, этносов, религий и вероисповеданий; • направлены на предупреждение нетерпимости и дискриминации, в том числе против христиан, евреев, мусульман и представителей других религий; • содействуют просвещению и памяти о трагедии Холокоста, а также о других актах гено- цида, признанных таковыми в соответствии с Конвенцией 1948 года по предупрежде- нию преступления геноцида и наказании за него и преступлениях против человечности;
6. Признает важный вклад, который молодежь может внести в борьбу с нетерпимостью и дискриминацией, и поощряет продолжение дальнейшего развития наилучшей прак- тики, такой как просвещение в области прав человека с раннего возраста во всем регионе ОБСЕ, и организацию молодежного мероприятия ОБСЕ в 2007 году с учетом опыта и зна- ний других соответствующих международных и региональных организаций в этой обла- сти в целях избежания дублирования;
7. Постановляет содействовать укреплению возможностей правоохранительных органов путем профессиональной подготовки и составления руководств о наиболее эффективных и подходящих способах реагирования на преступления, связанные с предубеждениями, расширять позитивное взаимодействие между полицией и жертвами и поощрять сообще- ние жертвами о преступлениях на почве ненависти, в частности путем обучения рядовых сотрудников, осуществления интерактивных программ по улучшению отношений между полицией и населением и обучения в области обеспечения перенаправления жертв для получения помощи и их защиты;
8. Осуждает расистские, ксенофобские и дискриминационные публичные выступления и подчеркивает, что политические представители могут играть позитивную роль в общем содействии взаимному уважению и пониманию и оказывать существенное влияние на разрядку напряженности внутри обществ, выступая против актов и инцидентов, мотиви- рованных ненавистью, и признавая, что все лица могут внести позитивный вклад в гармо- ничное плюралистическое общество;
9. Признает ключевую роль, которую свободные и независимые СМИ могут играть в демо- кратических обществах, и то серьезное влияние, которое они могут оказывать в плане про- тиводействия или усугубления предубеждений, предрассудков, и в этом смысле поощряет принятие добровольных профессиональных стандартов журналистами, саморегулирова- ние СМИ и другие подходящие механизмы для обеспечения большего профессионализма, точности и приверженности этическим нормам среди журналистов;
10. Подчеркивает важнейшее значение принятия государствами прочных правовых основ, обеспечивающих равенство перед законом и адекватную юридическую защиту, и прове- дения стратегической политики и планов, содействующих недискриминации и равенству возможностей;
11. Побуждает государства-участники развивать усилия по выполнению своих обязательств в области сбора и поддержания достоверных данных и статистики в области преступле- ний на почве ненависти, что необходимо для формулирования эффективной политики и выделения надлежащих ресурсов на противодействие инцидентам на почве ненависти,
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и в этом контексте предлагает также государствам- участникам содействовать развитию возможностей гражданского общества по внесению вклада в мониторинг и отчетность об инцидентах, мотивированных ненавистью, и оказывать помощь жертвам преступлений на почве ненависти;
12. Постановляет, что государства-участники должны более активно участвовать в поощ- рении деятельности гражданского общества путем развития эффективного партнерства и укрепления диалога и сотрудничества между гражданским обществом и государствен- ными властями в области содействия взаимному уважению и пониманию, равенству возмож- ностей и вовлеченности всего общества и борьбы с нетерпимостью, включая создание там, где это необходимо, местных, региональных или национальных механизмов консультаций;
13. Побуждает исполнительные структуры ОБСЕ включать в рамках их существующих ман- датов элементы по борьбе с нетерпимостью и дискриминацией и содействию взаимному уважению и пониманию в их текущую и будущую деятельность во всем регионе ОБСЕ;
14. Побуждает Бюро по демократическим институтам и правам человека (БДИПЧ), действуя на основе существующих обязательств, в том числе путем сотрудничества с соответствую- щими исполнительными структурами ОБСЕ: a) далее укреплять работу в рамках его программы по толерантности и недискриминации, в частности его программ помощи, в целях оказания содействия государствам-участникам, по их просьбе, в осуществлении их обязательств; b) далее укреплять далее работу консультативной группы экспертов БДИПЧ по свободе религии и вероисповедания в предоставлении поддержки и экспертной помощи государ- ствам-участникам; c) продолжать работать в тесном сотрудничестве с другими соответствующими межправи- тельственными учреждениями и гражданским обществом, действующим в области содей- ствия взаимному уважению и пониманию и борьбе с нетерпимостью и дискриминацией, в том числе путем сбора данных о преступлениях на почве ненависти; d) продолжать служить пунктом сбора информации и статистики о преступлениях на почве ненависти и соответствующих законодательств, переданных государствами-участниками, и предавать гласности эту информацию через его систему информации о толерантности и недискриминации и доклад о вызовах и реакции на мотивированные ненавистью дей- ствия в регионе ОБСЕ; е) укреплять в рамках существующих ресурсов его функцию раннего предупреждения, с тем чтобы идентифицировать, сообщать и предавать гласности мотивированные ненавистью инциденты и тенденции, и предлагать рекомендации и содействие государствам-участни- кам по их просьбе в тех областях, где требуется более адекватная реакция;
15. Побуждает Представителя по вопросам свободы средств массовой информации рассмо- треть в рамках имеющихся ресурсов наилучшую практику в вопросах его/ее компетенции, связанной с борьбой с нетерпимостью;
16. Ожидает действий ООН в связи с докладом Группы высокого уровня инициативы «Альянс цивилизаций» в целях изучения надлежащего вклада ОБСЕ в его выполнение.
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Решение № 14/06:
Активизация усилий по борьбе с торговлей людьми, в том числе в целях трудовой эксплуатации, на основе всеобъемлющего и инициативного подхода
Совет министров,
выражая серьезную обеспокоенность тем, что все формы торговли людьми по-прежнему широко распространены в регионе ОБСЕ и за его пределами, несмотря на активизацию национальных и международных усилий по противодействию этому явлению,
считая, что торговля людьми представляет собой тяжкое и гнусное преступление, в резуль- тате которого унижается человеческое достоинство и подрываются основы для осущест- вления прав человека и основных свобод и которое служит питательной средой для организованных преступных сетей,
признавая, что правоохранительные меры, уголовное преследование правонарушителей, а также защита, реабилитация, интеграция и, в соответствующих случаях, повторная инте- грация потерпевших, включая предоставление им эффективного доступа к правосудию, а также меры предупреждения, включая меры, направленные на пресечение спроса, имеют важное значение для эффективной борьбы с торговлей людьми,
подчеркивая, что сложный характер проблемы торговли людьми требует многомерного подхода и объединенных усилий, которые следует координировать на национальном, реги- ональном и международном уровнях,
вновь заявляя о своей поддержке государств-участников в связи с ратификацией и осу- ществлением Конвенции Организации Объединенных Наций против транснациональной организованной преступности (Палермская конвенция) и дополняющего ее Протокола о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и нака- зании за нее,
вновь подтверждая значение Плана действий ОБСЕ по борьбе с торговлей людьми, вклю- чая Дополнение к нему, касающееся особых потребностей детей, являющихся жертвами торговли людьми, в защите и помощи, одобренное Решением Совета министров в Любляне в 2005 году, и его осуществления государствами- участниками,
принимая к сведению итоги проходившей в ноябре 2006 года Конференции по торговле людьми в целях трудовой эксплуатации/насильственного и недобровольного труда, пре- следованию преступников, правосудию для жертв,
ссылаясь на Международный пакт об экономических, социальных и культурных правах, в частности на его статьи 6 и 7, касающихся права на труд и на справедливые и благопри- ятные условия работы,
1. Призывает государства-участники продолжать взаимодействие на старшем политическом уровне со Специальным представителем по борьбе с торговлей людьми с целью укрепления процесса выполнения обязательств ОБСЕ по борьбе с торговлей людьми;
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2. Настоятельно призывает государства-участники содействовать принятию всеобъем- лющего подхода к проблеме борьбы со всеми формами торговли людьми в рамках наци- ональных, региональных и международных механизмов, сотрудничеству и координации действий между сотрудниками правоохранительных органов, трудовых инспекций, орга- нов социальной защиты, медицинских учреждений, иммиграционных и пограничных служб, организаций гражданского общества, служб поддержки потерпевших и бизнес-со- общества, а также между любыми другими соответствующими сторонами, включая также подход, ориентированный на гендерные аспекты. С этой целью государствам-участникам рекомендуется создавать национальные механизмы передачи и рассмотрения дел, а также назначать национальных координаторов;
3. Настоятельно призывает государства-участники, при поддержке структур и институтов ОБСЕ, если поступит соответствующая просьба, совершенствовать исследования и систему сбора и анализа данных, уделяя должное внимание их конфиденциальности, и, где это возможно, давать статистику с разбивкой по полу, возрасту и другим соответствующим факторам, в зависимости от случая, с тем чтобы можно было лучше оценивать характер и масштабы проблемы и разрабатывать эффективные и целенаправленные меры борьбы с торговлей людьми. С этой целью государствам-участникам рекомендуется рассмотреть вопрос о назначении национальных докладчиков или создании аналогичных механизмов независимого мониторинга;
4. Настоятельно призывает государства-участники, в сотрудничестве с международными организациями и НПО, в соответствующих случаях, способствовать снижению для репа- триированных жертв уровня риска рецидива, особенно путем устранения таких факторов, как нищета, дискриминация, отсутствие доступа к образованию и экономическим возмож- ностям, сексуальные злоупотребления и бытовое насилие, в результате которых люди чаще становятся объектом торговли людьми, и путем проведения оценок рисков с целью обеспе- чить, чтобы возвращение жертв происходило с должным учетом вопроса их безопасности;
5. Подчеркивает важность предоставления жертвам торговли людьми эффективного доступа к правосудию, в том числе в области их консультирования и информирования о соответству- ющих правах на том языке, который они понимают, а также предоставления им возможно- сти для получения компенсации за причиненный вред, и призывает государства-участники выполнять их обязательства, предусмотренные в соответствующих положениях Конвенции ООН против транснациональной организованной преступности (Палермская конвенция) и дополняющего ее Протокола о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее;
6. Призывает государства-участники активно бороться с торговлей людьми в целях трудо- вой эксплуатации, в том числе путем: а) обеспечения, чтобы их внутреннее уголовное законодательство, касающееся торговли людьми в целях трудовой эксплуатации, отвечало требованиям Протокола Организации Объединенных Наций по предупреждению и пресечению торговли людьми, особенно жен- щинами и детьми, и наказании за нее, дополняющего Конвенцию Организации Объеди- ненных Наций против транснациональной организованной преступности. С этой целью государства- участники призываются обеспечить должное выявление подобных престу- плений и уголовное преследование виновных; b) обеспечения, чтобы минимальные трудовые стандарты были отражены в их трудовом законодательстве и чтобы их трудовые законодательства были введены в действие, с тем чтобы уменьшить возможности для торговли людьми в целях трудовой эксплуатации;
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c) введения программ обучения для соответствующих должностных лиц, а также для всех других лиц, которые могут контактировать с предполагаемыми жертвами торговли людьми, и в частности для работников системы здравоохранения, социальных работников, трудо- вых инспекторов и т. д., с тем чтобы улучшить их возможности по выявлению жертв тор- говли людьми и перенаправления их для получения помощи и защиты; d) обеспечения, чтобы в результате информационных кампаний по повышению осведом- ленности о проблеме торговли людьми дополнительно не ухудшалось положение уязвимых групп, что может привести к еще большему усугублению их уязвимости с точки зрения нарушения прав человека; e) содействия осуществлению стратегий по работе с населением, в том числе в сотруд- ничестве с соответствующими НПО, с целью донесения информации о торговле людьми в целях трудовой эксплуатации до общин мигрантов и лиц, выполняющих низкооплачи- ваемую работу, и особенно в таких уязвимых секторах, как сельское хозяйство, строитель- ство, изготовление одежды или ресторанная индустрия, или в качестве домашней прислуги, с тем чтобы улучшить доступ потерпевших к механизмам помощи и правосудия, и поощ- рять лица, обладающие сведениями о возможных случаях торговли людьми, направлять потерпевших в соответствующие центры помощи и заявлять в органы дознания, когда есть все основания полагать, что имело место подобное преступление; f) разработки и использования современных методик для проведения следственных дей- ствий, которые, в частности, позволяли бы выявлять случаи торговли людьми и осущест- влять уголовное преследование правонарушителей, опираясь не только на показания потерпевших; g) обмена существующей передовой практикой оперативных действий в ходе полицейских расследований случаев торговли людьми в целях трудовой эксплуатации и обеспечения, чтобы полиция, работающая по случаям торговли людьми, могла регулярно контактиро- вать со своими коллегами из других учреждений, контролирующих условия труда, в зави- симости от случая, и комплексно подходить к проблеме определения и защиты прав жертв торговли людьми в целях трудовой эксплуатации;
7. Поручает Постоянному совету рассмотреть пути дальнейшего укрепления усилий по борьбе с торговлей людьми, в том числе в целях трудовой эксплуатации, принимая во вни- мание соответствующие обязательства ОБСЕ, План действий по борьбе с торговлей людьми и итоги состоявшейся в ноябре 2006 года Конференции по торговле людьми в целях тру- довой эксплуатации/насильственного и недобровольного труда, преследованию преступ- ников, правосудию для жертв.
Решение № 15/06:
Борьба с сексуальной эксплуатацией детей
Совет министров,
признавая, что сексуальная эксплуатация детей является серьезной и крупномасштабной проблемой во всем регионе ОБСЕ и за его пределами, для которой характерны множествен- ные, взаимосвязанные проявления всех форм сексуальной эксплуатации детей, включая проституцию, детскую порнографию, торговлю детьми в целях их сексуальной эксплуата- ции, секс-туризм и принуждение детей к браку,
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признавая, что сексуальная эксплуатация детей унижает человеческое достоинство и под- рывает основы для осуществления прав человека и основных свобод,
считая, что сексуальная эксплуатация детей представляет собой тяжкое и гнусное престу- пление, совершаемое во многих случаях с участием организованной преступности, и что подобные преступления должны предотвращаться, расследоваться, преследоваться и нака- зываться по закону с помощью всех имеющихся средств,
подчеркивая необходимость решения широкого круга проблем, в силу которых дети стано- вятся жертвами сексуальной эксплуатации, включая экономическое неравенство, отсутствие доступа к образованию и дискриминацию, в том числе по признаку пола, а также необхо- димость противодействовать спросу на детскую порнографию и секс-туризм и предупреж- дать действия правонарушителей,
считая, что сексуальная эксплуатация детей приобретает все более широкие масштабы и распространяется с помощью новых технологий, таких как Интернет,
подтверждая все соответствующие обязательства ОБСЕ,
принимая во внимание резолюцию о борьбе с торговлей детьми и эксплуатацией детей для целей порнографии, принятую Парламентской ассамблеей ОБСЕ в Брюсселе на ее 15-й ежегодной сессии,
памятуя о соответствующих положениях действующих международных документов по этому вопросу, включая Конвенцию ООН о правах ребенка и Факультативный прото- кол о торговле детьми, детской проституции и детской порнографии к Конвенции ООН о правах ребенка и Протокол о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, дополняющий Конвенцию ООН против транс- национальной организованной преступности, а также о решениях и рекомендациях соот- ветствующих международных органов,
принимая во внимание положения Конвенции Совета Европы о киберпреступности (2001 год), относящиеся к детской порнографии, ссылаясь на Декларацию и Программу действий первого Всемирного конгресса против сексуальной эксплуатации детей в коммерческих целях, который проходил в Швеции в 1996 году, и Иокогамское глобальное обязательство, принятое вторым Всемирным конгрессом в Японии в 2001 году, принимая к сведению реко- мендации, содержащиеся в Исследовании Генерального секретаря Организации Объеди- ненных Наций по вопросу о насилии в отношении детей*, а также работу Специального докладчика Организации Объединенных Наций по вопросу о торговле детьми, детской проституции и детской порнографии,
1. Осуждает сексуальную эксплуатацию детей во всех ее формах, в частности: a) посредством детской проституции и детской порнографии, в том числе путем предложе- ния, получения, обеспечения, предоставления или вербовки ребенка для подобных целей, или получения выгоды от эксплуатации ребенка в подобных целях;
* Документ А/61/299 Генеральной Ассамблеи ООН был распространен 29 августа 2006 года. Доклад Гене- рального секретаря по вопросу о насилии в отношении детей был представлен 11 октября 2006 года Третьему комитету Генеральной Ассамблеи независимым экспертом Паулу Сержиу Пиньейру.
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b) когда используются принуждение, сила, мошенничество или угрозы, злоупотребление доверием, власть или влияние на ребенка или когда предлагаются или даются деньги или применяются иные формы вознаграждения/оплаты в обмен на сексуальные действия, в том числе в периоды вооруженных конфликтов или в постконфликтных ситуациях; c) производство, распространение, рассылка или передача, предложение или иные способы предоставления всех форм детской порнографии (через компьютерные системы, Интернет или с помощью других средств); d) намеренное приобретение и хранение детской порнографии; e) торговля детьми для целей сексуальной эксплуатации;
2. Призывает государства-участники привести свое законодательство по этому вопросу в соответствие с действующими международными обязательствами и нормами;
3. Настоятельно призывает государства-участники принять всесторонний подход к про- блеме сексуальной эксплуатации детей, обращаясь к первопричинам и способствующим факторам, в том числе к проблеме спроса, которая порождает все формы сексуальной экс- плуатации детей, и разработать всеобъемлющие и профилактические стратегии и меры, направленные на предупреждение сексуальной эксплуатации детей и борьбу с ней;
4. Настоятельно и со всей решимостью призывает государства-участники принять все пра- вовые меры, необходимые для осуществления уголовного преследования за сексуальную эксплуатацию детей, с применением таких санкций, которые являются эффективными и соразмерными и которые оказывают сдерживающее воздействие.
В этой связи побуждает государства-участники рассмотреть такие правовые меры, которые позволят им осуществлять уголовное преследование своих граждан за совершение серьез- ных сексуальных преступлений в отношении детей даже в том случае, если эти преступле- ния совершаются в другой стране;
5. Призывает государства-участники укреплять возможности правоохранительных орга- нов в целях активного проведения ими расследований преступлений и уголовного пресле- дования правонарушителей;
6. Призывает государства-участники содействовать разработке программ по правовой защите, оказанию помощи, соответствующих медицинских услуг, реабилитации и реин- теграции для детей, являющихся жертвами сексуальной эксплуатации и, когда требуется, обеспечивать безопасное возвращение жертв торговли детьми;
7. Призывает государства-участники повысить степень пропагандистско- просветительской работы на всех уровнях общества для освещения проблемы сексуальной эксплуатации детей;
8. Рекомендует государствам-участникам разработать сопоставимые системы регистрации и обмена данными, непосредственно относящимися к сексуальной эксплуатации детей, уделяя при этом должное внимание конфиденциальности личных данных, и содейство- вать созданию всеобъемлющих механизмов сбора данных и проведения исследований по проблеме сексуальной эксплуатации детей;
9. Поддерживает меры, принимаемые государствами-участниками во взаимодействии с неправительственными организациями (НПО) и надлежащими представителями
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соответствующих секторов экономики, такими как индустрия туризма и отдыха или сред- ства массовой информации, с целью ликвидации спроса на сексуальную эксплуатацию детей;
10. Настоятельно призывает наращивать сотрудничество среди государств- участников в деле отслеживания, проведения расследований, уголовного преследования и вынесения наказаний лицам, виновным в сексуальной эксплуатации детей;
11. Рекомендует государствам-участникам разработать учебные программы по проблеме сексуальной эксплуатации детей для персонала, работающего, в частности, в системе пра- восудия, в полиции, в индустрии туризма, на транспорте, в социальной сфере, в системе здравоохранения, а также для представителей гражданского общества, религиозных орга- низаций и системы образования;
12. Выступает за то, чтобы соответствующие органы в государствах-участниках, руковод- ствуясь национальным законодательством, касающимся защиты личных данных, работали во взаимодействии с провайдерами Интернет-услуг, компаниями, обслуживающими кре- дитные карты, банками и другими юридическими лицами, а также с соответствующими НПО, с целью обеспечения отслеживания и сообщения информации, связанной с сексу- альной эксплуатацией детей;
13. Рекомендует создавать телефоны или Интернет-адреса «доверия», по возможности во взаимодействии с НПО, по которым граждане могут сообщать о случаях сексуальной экс- плуатации детей в условиях конфиденциальности, с тем чтобы правоохранительные органы могли проводить расследования по таким сообщениям и чтобы потерпевшие и их семьи могли получать соответствующую поддержку;
14. Принимает к сведению инициативы гражданского общества, направленные на борьбу с сексуальной эксплуатацией детей, включая, среди прочего, Кодекс поведения о защите детей от сексуальной эксплуатации в секторе путешествий и туризма, разработанный орга- низацией ЭКПАТ, которая борется за искоренение проституции, детской порнографии и торговли детьми в сексуальных целях;
15. Поручает исполнительным структурам ОБСЕ, в рамках их существующих мандатов, изучить пути обеспечения соответствующей подготовки и повышения осведомленности по проблеме сексуальной эксплуатации детей для должностных лиц ОБСЕ, руководству- ясь Кодексом поведения для сотрудников ОБСЕ и должностной инструкцией № 11, посвя- щенными проблеме торговли людьми;
16. Призывает соответствующие исполнительные структуры ОБСЕ, в рамках их существу- ющих мандатов, уделять внимание проблеме сексуальной эксплуатации детей, в том числе ее связи с торговлей людьми, и подчеркивает необходимость для них и государств-участ- ников сотрудничать с другими международными организациями, НПО и гражданским обществом для борьбы с сексуальной эксплуатацией детей.
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Решение № 17/06:
Совершенствование процесса консультаций
Совет министров,
памятуя о всеобъемлющем подходе ОБСЕ к безопасности, охватывающем военно-полити- ческое, экономико-экологическое и гуманитарное измерения, и признавая одновременно необходимость в многомерном подходе как с точки зрения концептуального подхода, так и программной деятельности,
принимая во внимание рекомендацию Группы видных деятелей о разработке структуры комитетов в целях придания процессу консультаций и принятия решений более открытого характера для участия, интерактивности и транспарентности при более активном и эффек- тивном привлечении всех государств-участников и о расширении участия в этом процессе,
ссылаясь на Решение № 17/05 Люблянской встречи Совета министров о повышении эффек- тивности ОБСЕ,
признавая необходимость в усовершенствовании консультаций и диалога, в том числе в целях подготовки дебатов, выводов и решений Постоянного совета,
сознавая желательность избегать создания рабочих групп и не поощрять учреждения дополнительных органов,
стремясь расширять сотрудничество в противодействии новым угрозам безопасности более эффективным образом и обеспечивать всеобъемлющие и более эффективные рамки для политического диалога между всеми государствами- участниками,
постановляет учредить следующие комитеты в качестве неофициальных вспомогательных органов Постоянного совета:
Комитет по безопасности, который будет выполнять следующие задачи: • обсуждать невоенные и политические аспекты безопасности, в том числе выполнение обязательств государств-участников; • рассматривать по просьбе Председательства в консультации с государствами- участни- ками вопросы в области разных измерений, имеющих конкретное отношение к невоен- ным аспектам безопасности; • оказывать поддержку в подготовке Ежегодной конференции по обзору проблем в обла- сти безопасности с учетом вклада Форума по сотрудничеству в области безопасности (ФСБ) и других соответствующих совещаний; • обсуждать рекомендации Постоянному совету о программе работы, в том числе дальней- шие действия относительно рекомендаций вышеупомянутых совещаний;
Экономико-экологический комитет, в который вольется существующий подкомитет Посто- янного совета по экономическим и экологическим вопросам, и который будет выполнять следующие задачи в дополнение к тем, которые изложены в Решении № 3 встречи Совета министров в Бухаресте об укреплении роли ОБСЕ как форума для политического диалога:
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• обсуждать экономические и экологические вопросы, включая выполнение обязательств государств-участников; • оказывать поддержку в подготовке к совещаниям Экономико-экологического форума (ЭЭФ) и других совещаний по экономическим и экологическим вопросам; • рассматривать по просьбе Председательства в консультации с государствами- участни- ками вопросы на стыке разных измерений, имеющих конкретное отношение к экономи- ческим и экологическим аспектам безопасности; • обсуждать рекомендации Постоянному совету о программе работы, включая дальней- шие действия относительно рекомендаций ЭЭФ; и
Комитет по человеческому измерению, который будет выполнять следующие задачи: • обсуждать вопросы человеческого измерения, в том числе выполнение обязательств государств-участников; • оказывать поддержку в подготовке совещаний по выполнению в области человеческого измерения и других совещаний в области человеческого измерения; • рассматривать по просьбе Председательства в консультации с государствами- участни- ками вопросы на стыке разных измерений, имеющих конкретное отношение к челове- ческому измерению; • обсуждать рекомендации Постоянному совету о программе работы, включая дальней- шие действия относительно рекомендаций совещаний в области человеческого измере- ния; постановляет далее:
в начале каждого года Председательство в консультации с государствами- участниками будет далее уточнять задачи вышеупомянутых комитетов и определять программу работы, отражающую цели и приоритеты Организации, с учетом также необходимости обеспече- ния охвата рассматриваемых многомерных вопросов.
Консультативный комитет по управлению и финансам будет продолжать действовать в рам- ках нынешнего мандата, установленного Решением № 552 Постоянного совета.
Вышеупомянутые комитеты будут встречаться в неофициальном формате и будут отчиты- ваться, высказывать предложения и рекомендации и готовить соответствующие решения для Постоянного совета в рамках Подготовительного комитета. Соответствующие положения Правил процедуры ОБСЕ, в частности раздела V(A), будут применяться к работе комитетов.
Подготовительный комитет может созываться Председательством на специальной основе для рассмотрения общих и организационных вопросов, касающихся Организации, в том числе подготовки встреч Совета министров/встреч глав государств и правительств. На заседаниях Подготовительного комитета могут рассматриваться многомерные вопросы, а также другие вопросы, не охваченные тремя созданными новыми комитетами, когда по мнению Председательства в консультации с государствами-участниками они заслуживают обсуждения в таком формате.
Как правило, каждый комитет будет собираться по крайней мере один раз в месяц. По ини- циативе Председательства или председателя комитета или по просьбе одного или более государств-участников каждый комитет может собираться так часто, как это требуется с учетом необходимости в консультациях или подготовке решений Постоянного совета.
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Председательство и председатели комитетов будут избегать одновременного проведения заседаний неофициальных вспомогательных органов.
Комитеты будут рассматривать вопросы в пределах своей компетенции по просьбе Пред- седательства, Постоянного совета или одного или более государств- участников.
Пункты 6–9 раздела V(А) Правил процедуры ОБСЕ будут применяться в отношении уча- стия в заседаниях трех новых учрежденных комитетов в той же мере, в какой они приме- няются к участию в заседаниях Подготовительного комитета.
Секретариат ОБСЕ будет обеспечивать поддержкой работу комитетов.
Настоящее решение будет применимо в течение одного года начиная с 1 января 2007 года. Оно будет подлежать рассмотрению Постоянным советом в конце 2007 года с целью приня- тия решения о его возможном продлении с учетом накопленного опыта в новой структуре.
Решение № 19/06:
Повышение эффективности ОБСЕ
Совет министров,
принимая во внимание рекомендации, подготовленные Группой видных деятелей (CIO. GAL/100/05 от 27 июня 2005 года),
во исполнение Решения Совета министров № 17/05 о повышении эффективности ОБСЕ,
вновь подтверждая свою полную приверженность нормам, принципам и обязательствам ОБСЕ, в частности принципам хельсинкского Заключительного акта 1975 года и Парижской хартии для новой Европы 1990 года, которые имеют равную силу для всех государств-у- частников,
подчеркивая роль Организации как регионального соглашения по смыслу главы VIII Устава ООН и как одного из главных инструментов раннего предупреждения, предотвращения конфликтов, урегулирования кризисов и постконфликтного восстановления,
вновь подтверждая всеобъемлющий подход ОБСЕ к проблеме безопасности и важность всех трех измерений: военно-политического, экономико-экологического и человеческого измерений, учитывая при этом, что многие виды ее деятельности осуществляются на стыке этих измерений,
признавая общие для государств-участников вызовы и необходимость сотрудничества в духе партнерства и единства целей,
призывая государства-участники в полной мере использовать Организацию в качестве форума для политического диалога,
побуждая государства-участники воспользоваться, при необходимости, содействием, кото- рое предлагают институты и структуры ОБСЕ на местах для выполнения их обязательств,
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подтверждая свою решимость повышать эффективность ОБСЕ и постоянно приводить деятельность Организации и методы ее работы в соответствие с требованиями времени и изменяющимися вызовами, руководствуясь, в частности, следующими целями: • лучше обеспечить сфокусированность и расстановку приоритетов деятельности Органи- зации в тех областях, в которых она обладает сравнительным преимуществом, • обеспечивать согласованность долгосрочных приоритетов и планов действий с обяза- тельствами и решениями ОБСЕ, • повышать транспарентность и эффективность процесса принятия решений на основе суверенного равенства государств и правила консенсуса, • укреплять среди государств-участников чувство единства цели и общей ответственности,
Раздел 1. Доклад Постоянного совета
1. Выражает благодарность Постоянному совету за работу, проделанную в соответствии с пунктом 1 Решения Совета министров № 17/05, и принимает к сведению доклад, издан- ный под эгидой Председательства (MC.GAL/2/06);
2. Ссылается на принятие Советом министров: • Правил процедуры ОБСЕ (MC.DOC/1/06); • решения о Руководящем совете ОБСЕ (MC.DEC/4/06); • решения об усовершенствовании процесса консультаций; • решения о правовом статусе, привилегиях и иммунитетах ОБСЕ; • решения о повышении эффективности исполнительных структур ОБСЕ;
3. Приветствует принятие Постоянным советом: • решения о переименовании Экономического форума ОБСЕ (PC.DEC/743); • решения о руководящих принципах организации совещаний ОБСЕ; • решения о внесении поправок в Положения и Правила о персонале ОБСЕ; • решения о повышении эффективности и действенности людских ресурсов ОБСЕ;
4. Выражает надежду, что последние решения Постоянного совета внесут вклад в обеспе- чение транспарентности, беспристрастности и последовательности действий при наборе персонала, повысят профессионализм сотрудников ОБСЕ, усилят систему управления ее людскими ресурсами, а также будут способствовать сохранению квалифицирован- ных и талантливых сотрудников с помощью процедур состязательности и равноправного доступа; признает необходимость содействия установлению гендерного баланса среди сотрудников, а также более широкого национального многообразия персонала ОБСЕ на различных уровнях;
5. С удовлетворением принимает к сведению позитивные изменения в системе управления сводным бюджетом и внебюджетными ресурсами, которые способствуют повышению дей- ственности, эффективности и транспарентности деятельности Организации, в том числе мероприятий по ее финансированию, анализу и оценке;
6. Приветствует усилия Генерального секретаря по дальнейшему совершенствованию системы, с помощью которой обеспечивается принятие внебюджетных взносов, составление
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бюджетных смет, распределение и расходование средств, мониторинг, составление отчетов и подготовка доклада под его/ее руководством и контролем;
7. Подчеркивает сохраняющуюся необходимость улучшить общую регламентирующую базу в финансовой области ОБСЕ и в этой связи обращается с просьбой к Председательству до 31 марта 2007 года подготовить доклад Постоянному совету о прогрессе, достигнутом на переговорах по Финансовым положениям; призывает Постоянный совет принять эти изме- ненные Финансовые положения, желательно, до 1 июля 2007 года;
8. Считает, что требуется дополнительно изучить вопрос о том, каким образом можно было бы превратить тематические миссии в полезный и эффективный инструмент для рассмо- трения вновь возникающих угроз для системы безопасности, особенно с учетом потребно- стей, охватывающих весь регион ОБСЕ, при том понимании, что эти миссии, если и когда они будут созданы, будут в конечном итоге сформированы в зависимости от конкретных вопросов, с учетом также финансовых последствий;
9. Постановляет продолжать усилия по повышению эффективности ОБСЕ, описанные в положениях настоящего раздела и в решениях, упомянутых в настоящем разделе, и с этой целью поручает Постоянному совету периодически рассматривать ход их выполнения;
Раздел 2. Доклад БДИПЧ
1. Выражает благодарность БДИПЧ за работу, проделанную в соответствии с пунктом 2 Решения Совета министров № 17/05, и принимает к сведению его доклад, изданный 10 ноя- бря 2006 года;
2. Признает, что БДИПЧ при осуществлении своего мандата продемонстрировало свои возможности по оказанию содействия государствам-участникам в выполнении ими своих обязательств в сфере человеческого измерения;
3. Напоминает государствам-участникам, что им следует обеспечивать соответствие сво- его законодательства и правовой практики обязательствам ОБСЕ;
4. Принимает к сведению оценку относительно текущей ситуации с выполнением государ- ствами-участниками существующих обязательств, и подчеркивает, в частности, что ответ- ственность за эффективное исполнение обязательств, принятых в рамках ОБСЕ, лежит на самих государствах-участниках. В этом контексте БДИПЧ играет важную роль в оказа- нии им содействия;
5. Поручает Постоянному совету, принимая во внимание рекомендации БДИПЧ и других соответствующих институтов ОБСЕ, обратить внимание на проблемы выполнения обяза- тельств в областях, сформулированных в докладе, имея в виду более эффективное исполь- зование содействия БДИПЧ;
6. Принимает к сведению содержащиеся в докладе предложения, касающиеся новых обя- зательств, и просит Постоянный совет вынести по ним свое заключение к встрече Совета министров в Мадриде в 2007 году;
7. Признает экспертный опыт БДИПЧ в оказании содействия государствам- участникам с помощью своей деятельности в сфере выборов, включая обзор избирательного законо- дательства и проведение наблюдений за выборами;
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8. Обязуется и далее развивать деятельность ОБСЕ в сфере выборов и в этой связи вновь подтверждает положения Документа Копенгагенского совещания Конференции по челове- ческому измерению СБСЕ (1990 год) в качестве краеугольного камня общих обязательств ОБСЕ, принятых государствами-участниками в целях защиты и поддержки прав человека и основных свобод, включая права и свободы, необходимые для проведения демократи- ческих выборов;
9. Отмечает, что данные обязательства дополнены соответствующими положениями Декла- рации Будапештской встречи на высшем уровне (1994 год), Декларации Лиссабонской встречи на высшем уровне (1996 год), Декларации Стамбульской встречи на высшем уровне (1999 год), Хартии европейской безопасности (1999 год) и последующими решениями встреч Совета министров в Порту (2002 год) и Маастрихте (2003 год);
10. Вновь подтверждает обязательства государств-участников приглашать на выборы наблю- дателей из других государств-участников, БДИПЧ, Парламентской ассамблеи ОБСЕ и соот- ветствующих институтов и организаций, которые хотели бы наблюдать за их проведением;
11. Подчеркивает, что сами государства-участники могут эффективно способствовать укре- плению честности избирательного процесса, направляя на них своих наблюдателей;
12. Признает существующую необходимость обеспечения подотчетности, объективности, транспарентности и профессионализма наблюдения за выборами;
13. Соглашается в том, что БДИПЧ должно осуществить все улучшения и рекомендации, касающиеся деятельности в сфере выборов, в том числе рекомендации, содержащиеся в докладе и особенно в приводимом ниже перечне, и регулярно представлять доклады об их исполнении, через своего Директора, для рассмотрения Постоянным советом по мере необходимости: • далее совершенствовать методологию наблюдения и программы оказания помощи; • обеспечить максимально широкий географический охват деятельности БДИПЧ в сфере выборов; • далее диверсифицировать участие краткосрочных и долгосрочных наблюдателей, а также наблюдателей «основного состава» за счет усиленной поддержки со стороны большего числа государств-участников, поощрения государств-участников вносить взносы в фонд диверсификации, поддержки национальных усилий по подготовке кадров и развития сетей, объединяющих специалистов-практиков по наблюдению за выборами из реги- она ОБСЕ; • при поддержании наивысших профессиональных стандартов обеспечить дальнейшее повышение уровня транспарентности набора кандидатов в состав наблюдательных мис- сий, в том числе путем проведения активной агитации и учебных мероприятий, разра- ботки конкурсных процедур и открытых списков кандидатов на посты руководителей миссий по наблюдению за ходом выборов и членов «основного состава», которые должны регулярно доводиться до сведения государств-участников и распространяться через нахо- дящиеся в публичном доступе базы данных; • уделять максимальное внимание вопросам независимости, беспристрастности и профес- сионализма деятельности БДИПЧ по наблюдению за выборами; • расширять лингвистический охват и обеспечивать, чтобы используемые языки никоим образом не сказывались на эффективности наблюдения за выборами;
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14. Подчеркивает, что наблюдение за выборами является общим делом, объединяющим ОБСЕ/БДИПЧ, Парламентскую ассамблею ОБСЕ и другие парламентские институты;
15. Признает, что тесное сотрудничество с Парламентской ассамблеей ОБСЕ существенно повышает авторитетность усилий ОБСЕ по наблюдению за выборами, и призывает БДИПЧ в партнерстве с Парламентской ассамблеей продолжать работу по проведению миссий по наблюдению за выборами на основе Соглашения о сотрудничестве 1997 года;
16. Приветствует предложения относительно дальнейших усилий по наращиванию эффек- тивности содействия БДИПЧ, оказываемого государствам-участникам по их просьбе, в том числе путем более эффективного использования встреч по человеческому измерению.
347 Документ пятнадцатой встречи Совета министров Мадрид, 2007 г.
I. Заявления и Декларации Совета министров
Заявление Совета министров о поддержке глобальной контртеррористической стратегии Организации Объединенных Наций
1. Мы, члены Совета министров ОБСЕ, по-прежнему обеспокоены сохраняющейся угро- зой терроризма в регионе ОБСЕ.
2. Мы подтверждаем приверженность существующим обязательствам ОБСЕ по противо- действию терроризму и намерение сохранить нашу деятельность по противодействию тер- роризму в числе приоритетов ОБСЕ.
3. Мы признаем ведущую роль Организации Объединенных Наций в международных уси- лиях по борьбе с терроризмом и поддерживаем принятую 8 сентября 2006 года Генеральной Ассамблеей ООН Глобальную контртеррористическую стратегию ООН, которой мы руко- водствуемся в работе ОБСЕ по противодействию терроризму, потому что в ней представ- лен всеобъемлющий глобальный подход к противодействию терроризму путем не только борьбы с его проявлениями, но и устранения способствующих его распространению усло- вий при обеспечении уважения прав человека и принципа верховенства закона и соблю- дении всех обязательств по международному праву, в частности, международному праву в сферах прав человека, беженского права и гуманитарного права.
4. Мы напоминаем о заложенном в Стратегию всеобъемлющем глобальном подходе к про- тиводействию терроризму путем не только борьбы с его проявлениями, но и устранения условий, способствующих распространению терроризма, включая, но не ограничиваясь ими, затянувшиеся неурегулированные конфликты, дегуманизацию жертв терроризма во всех его формах и проявлениях, отсутствие правопорядка и нарушение прав человека, этническую, национальную и религиозную дискриминацию, политическую изоляцию, социально-экономическую маргинализацию и отсутствие надлежащего управления, при- знавая при этом, что ни одно из этих условий не может служить оправданием или обосно- ванием актов терроризма.
5. Мы отмечаем, что Генеральная Ассамблея ООН призывает региональные организации «оказать поддержку в осуществлении Стратегии, в том числе путем мобилизации ресур- сов и имеющегося опыта».
6. Мы напоминаем об обязательстве выполнять все резолюции Совета Безопасности ООН, касающиеся международного терроризма, признавая при этом, что многие государства по-прежнему нуждаются в помощи для их выполнения.
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7. Мы поддерживаем работу Секретариата ОБСЕ по содействию в осуществлении Стратегии, в частности, в рамках ежегодных консультаций высокого уровня между представителями Совета Европы, Организации по безопасности и сотрудничеству в Европе и Организации Объединенных Наций в формате «три плюс» (Вена, февраль 2007 года), а также «круглых столов» специалистов по противодействию терроризму из региональных организаций и центров по борьбе с терроризмом в Копенгагене (июль 2006 года) и Вильнюсе (июнь 2007 года), организованных Антитеррористическим подразделением ОБСЕ.
8. Мы удовлетворены тем, что подход ОБСЕ к борьбе с терроризмом соответствует под- ходу Стратегии ООН, потому что, среди прочего, он содействует обеспечению верховен- ства закона, соблюдению прав человека и формированию действенных систем уголовного правосудия, которые в совокупности составляют фундаментальную основу нашей общей борьбы с терроризмом, и что наши мероприятия по противодействию терроризму могут рассматриваться как вклад в осуществление Стратегии. ОБСЕ и, в частности, ее государ- ства-участники при поддержке, в случае необходимости, со стороны Секретариата, инсти- тутов и присутствий на местах продолжат осуществление обязательств по противодействию терроризму, по возможности уделяя особое внимание следующим мероприятиям, но не ограничиваясь ими:
9. ОБСЕ продолжит поддерживать и развивать международно-правовые рамки борьбы с терроризмом, в частности универсальные конвенции и протоколы о борьбе с террориз- мом, побуждая государства-участники к присоединению к ним и выполнению своих обя- зательств в соответствии с этими инструментами;
10. Проведя в период 2005–2007 годов в сотрудничестве с Управлением ООН по наркотиками и преступности (УНП ООН) на уровне ОБСЕ и на субрегиональном и национальном уров- нях ряд семинаров, нацеленных на укрепление международного правового сотрудничества по связанным с терроризмом уголовным делам на основе принципа «выдать или предать суду», и признавая, что в Стратегии ООН особый акцент сделан на вопросах уголовного преследования и связанного с ним судебного сотрудничества, Секретариат продолжит про- грамму правового сотрудничества, уделяя особое, но не исключительное, внимание помощи в подготовке сотрудников судебных органов на субрегиональном и национальном уровнях; (…)
12. Разработав всеобъемлющую программу по обеспечению надежности документов на въезд и выезд, которая полностью соответствует содержащемуся в Стратегии ООН при- зыву активизировать усилия и сотрудничество в целях повышения степени защиты доку- ментов, удостоверяющих личность, и проездных документов при их изготовлении и выдаче, Антитеррористическое подразделение ОБСЕ будет наращивать усилия по внедрению тех- нических платформ для обеспечения доступа на пунктах пограничного контроля к базе данных Интерпола по похищенным или утерянным проездным документам, побуждать государства передавать данные по потерянным и похищенным документам в Интерпол и содействовать техническому усовершенствованию проездных документов и внедрению всеобъемлющего и защищенного процесса обращения и выдачи в соответствии со стан- дартами ИКАО, который обеспечивает защиту личных данных и укрепляет системы реги- страции граждан при соблюдении принципа недискриминации;
13. Государства-участники будут в соответствии со своими обязательствами по международ- ному праву в полной мере сотрудничать в вопросах борьбы с терроризмом для того, чтобы находить, отказывать в убежище и передавать правосудию на основании принципа «выдать или предать суду» любое лицо, которое оказывает поддержку, содействие, принимает
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участие или пытается принимать участие в финансировании, планировании, подготовке или совершении террористических актов или предоставлении убежища. Перед предоставле- нием статуса беженца государства- участники будут принимать надлежащие меры согласно соответствующим положениям национального законодательства и международного права, включая международные стандарты по правам человека, чтобы удостовериться в том, что проситель убежища не планировал, не содействовал и не участвовал в совершении терро- ристических актов. В соответствии с международным правом они будут заботиться о том, чтобы лица, совершившие, организовавшие или содействовавшие совершению террористи- ческих актов, не могли злоупотреблять статусом беженца, и чтобы утверждения о наличии политической мотивации не признавались в качестве основания для отклонения запросов об экстрадиции лиц, подозреваемых в террористической деятельности;
14. Будучи по-прежнему серьезно обеспокоены использованием Интернета в террористи- ческих целях, государства – участники ОБСЕ продолжат обмениваться информацией об этой угрозе и принимать иные меры в соответствии с Решением Совета министров № 7/06 о противодействии использованию Интернета в террористических целях;
15. ОБСЕ продолжит поддерживать усилия Контртеррористического комитета ООН/Испол- нительного директората Контртеррористического комитета ООН по осуществлению резо- люции 1624 (2005) Совета Безопасности ООН;
16. ОБСЕ продолжит участвовать в процессах по урегулированию затянувшихся конфлик- тов, которые относятся к условиям, способствующим распространению терроризма;
17. ОБСЕ продолжит свою деятельность по противодействию насильственному экстре- мизму и радикализации, которые приводят к терроризму. Государства – участники ОБСЕ и исполнительные структуры ОБСЕ в рамках своих мандатов должны рассматривать про- блемы нетерпимости и дискриминации и противодействовать этим явлениям. В 2008 году Постоянный совет при поддержке Секретариата и институтов изучит, каким образом ОБСЕ с помощью межизмеренческого подхода могла бы путем обмена национальным опытом внести вклад в улучшение понимания явлений насильственного экстремизма и радикали- зации, которые приводят к терроризму; (…)
19. ОБСЕ сохранит приверженность делу развития государственно-частного партнерства в противодействии терроризму и продолжит вовлекать частный сектор (гражданское обще- ство и деловое сообщество) в свои усилия по противодействию терроризму;
20. Бюро Координатора деятельности ОБСЕ в области экономики и окружающей среды в сотрудничестве с Управлением ООН по наркотикам и преступности (УНП ООН), Все- мирным банком, Группой разработки финансовых мер борьбы с отмыванием денег (ФАТФ), Евразийской группой (ЕАГ) и другими профильными партнерами будет продолжать ока- зывать поддержку государствам-участникам по их просьбе в формировании потенциала для противодействия финансированию терроризма посредством, среди прочего, укрепле- ния механизмов финансового контроля и выполнения девяти специальных рекомендаций ФАТФ по борьбе с финансированием терроризма и сорока рекомендаций ФАТФ по борьбе с отмыванием денег;
21. Работая в тесном сотрудничестве с УНП ООН, ОБСЕ продолжит борьбу с угрозой неза- конных наркотиков в рамках дальнейших шагов по развитию успешно выполненных в 2006 и 2007 годах мероприятий в этой сфере;
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22. Бюро по демократическим институтам и правам человека продолжит оказывать помощь государствам-участникам по их просьбе для обеспечения соответствия всех их инициа- тив по противодействию терроризму нормам по защите прав человека в соответствии с их обязательствами в рамках ОБСЕ. БДИПЧ будет и далее предлагать техническую помощь и консультации по вопросам обеспечения соблюдения прав человека при разработке зако- нопроектов и выполнении национального законодательства, направленного на противодей- ствие угрозам, исходящим от терроризма, насильственного экстремизма и радикализации, которые приводят к терроризму, и продолжит оказывать содействие диалогу между госу- дарствами и негосударственными субъектами по поиску сфер для сотрудничества и вза- имной помощи;
23. Институты ОБСЕ продолжат свои общие усилия, направленные на борьбу с нетерпи- мостью и дискриминацией и содействие взаимному уважению и пониманию, в том числе в рамках проектов и программ с участием всех секторов общества;
24. ОБСЕ продолжит заниматься вопросами солидарности с жертвами терроризма, опи- раясь, среди прочего, на Решение Постоянного совета № 618 о солидарности с жертвами терроризма и принимая во внимание итоги Встречи высокого уровня по жертвам терро- ризма, состоявшейся в Вене в сентябре 2007 года.
25. Мы вновь подтверждаем, что ОБСЕ, включая ее Секретариат, институты и присутствия на местах, готова тесно сотрудничать с системой Организации Объединенных Наций и другими международными и региональными организациями в осуществлении Глобаль- ной контртеррористической стратегии ООН. ОБСЕ продолжит оказывать поддержку ООН в ее усилиях по противодействию терроризму и сотрудничать с другими международными и региональными организациями, работающими в этой сфере, оказывая им содействие в предоставлении помощи государствам-участникам в целях укрепления их потенциала, поддерживая и способствуя внедрению их стандартов противодействия терроризму и обе- спечения безопасности, признанных наилучшей практикой противодействия терроризму, а также внося вклад в развитие сети контактов между специалистами по противодействию терроризму в государствах-участниках и международными и региональными организаци- ями в целях улучшения сотрудничества и достижения синергии в их работе, внося, таким образом, свой вклад в глобальные усилия по борьбе с терроризмом
II. Решения Совета министров
Решение № 8/07:
Борьба с торговлей людьми в целях трудовой эксплуатации
Совет министров,
вновь подтверждая свою решимость бороться со всеми формами торговли людьми, а также подтверждая обязательства, взятые государствами-участниками в области борьбы с тор- говлей людьми, и решимость выполнять их,
ссылаясь на содержащееся в Решении № 14 встречи Совета министров в Брюсселе пору- чение рассмотреть пути дальнейшего укрепления усилий по борьбе с торговлей людьми, в том числе в целях трудовой эксплуатации (MC.DEC/14/06),
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вновь подтверждая, кроме того, План действий ОБСЕ по борьбе с торговлей людьми, кото- рый предоставляет в распоряжение государств-участников всеобъемлющий инструмен- тарий для борьбы со всеми формами торговли людьми путем обеспечения защиты жертв, предотвращения торговли людьми и уголовного преследования тех, кто способствует пре- ступлению или совершает его,
вновь заявляя о поддержке государств-участников в связи с ратификацией и выполнением Конвенции Организации Объединенных Наций против транснациональной организован- ной преступности и дополняющего ее Протокола о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее,
будучи серьезно обеспокоен тем, что торговля людьми по-прежнему широко распростра- нена в регионе ОБСЕ и за его пределами, несмотря на национальные и международные усилия по ее предотвращению и привлечению к суду тех, кто несет за нее ответственность,
признавая необходимость дальнейшего укрепления механизма выполнения принятых в рам- ках ОБСЕ обязательств для решения проблем торговли в целях трудовой эксплуатации,
признавая уязвимость детей с точки зрения торговли людьми в целях трудовой эксплуа- тации и особые потребности детей – жертв торговли людьми, подчеркивая, что политика и практика решения проблем торговли людьми в целях трудовой эксплуатации, возника- ющих в рамках официальной и теневой экономики, должны быть всеобъемлющими и поэ- тому предусматривать применение законов о труде,
подчеркивая, что меры по решению проблем торговли людьми в целях трудовой эксплу- атации должны формулироваться при более активном участии и стимулировать более активное участие трудовых субъектов, включая организации трудящихся и работодате- лей, администраторов и инспекторов по труду,
подтверждая принятые в рамках ОБСЕ обязательства, касающиеся безопасности проезд- ных документов,
признавая, что лица, не имеющие надлежащего иммиграционного статуса, по всей веро- ятности, более уязвимы с точки зрения торговли людьми в целях трудовой эксплуатации,
вновь подтверждая необходимость обеспечения уважения прав человека и в этой связи ссылаясь на основные международные документы по правам человека Организации Объе- диненных Наций, в том числе поскольку они могут применяться к тем лицам, которые осо- бенно уязвимы с точки зрения торговли людьми в целях трудовой эксплуатации,
признавая проблемы идентификации жертв и оказания им помощи, включая неопределен- ность в отношении их возможного итогового статуса пребывания, которые к тому же могут быть вызваны применением устрашения и использованием страха жертв перед торговцами людьми, а также признавая необходимость процедур подачи жалоб, которые побуждают жертв к их применению,
призывает государства-участники:
1. Обеспечить, чтобы жертвы торговли людьми в целях трудовой эксплуатации имели доступ к правосудию;
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2. В соответствии с внутренним правом и международными обязательствами предоставить время на размышление и выдать временные или постоянные виды на жительство жертвам торговли людьми, предусмотреть выдачу жертвам разрешения на работу во время их пре- бывания в стране и повысить осведомленность о таких возможностях;
3. Обеспечить предоставление помощи жертвам торговли людьми в целях трудовой эксплу- атации и, в частности, доступа к убежищу, здравоохранению, юридической и социальной помощи, принимая во внимание рекомендации, содержащиеся в части V Плана действий ОБСЕ по борьбе с торговлей людьми и в Дополнении к нему, касающемся особых потреб- ностей детей – жертв торговли людьми, в защите и помощи, и повысить осведомленность о наличии таких услуг;
4. Обеспечить наращивание усилий и повышение эффективности процедур по идентифи- кации жертв торговли людьми и в связи с этим обеспечить подготовку своих инспекторов по труду и ресурсы, необходимые для выполнения этой задачи и, в случае необходимо- сти, активизировать проведение инспекций в секторах, уязвимых с точки зрения трудо- вой эксплуатации;
5. Поддерживать и поощрять партнерские отношения между гражданским обществом, вклю- чая НПО, и государственными учреждениями, обладающими мандатом на охрану труда, для наблюдения за условиями труда, оказания, среди прочего, помощи жертвам и предот- вращения торговли людьми в целях трудовой эксплуатации и нарушения трудового права, в том числе с помощью целенаправленных информационно-просветительских программ или добровольных кодексов поведения;
6. Рассмотреть вопрос о разрешении в соответствии с национальным законодательством жертвам торговли людьми в целях трудовой эксплуатации альтернативного представи- тельства в судебном процессе, когда жертва не может осуществлять его самостоятельно;
7. Рассмотреть вопрос о разработке или укреплении своего законодательства, которое пред- лагает жертвам торговли людьми в целях трудовой эксплуатации возможность получения компенсации за понесенный ущерб, включая, когда это необходимо, возвращение им задол- женности по заработной плате;
8. Наращивать межучрежденческое сотрудничество и взаимодействие по проблемам тор- говли людьми в целях трудовой эксплуатации среди должностных лиц, занимающихся вопросами труда и иммиграции, должностных лиц правоохранительных и судебных орга- нов и сотрудников служб социального обеспечения, в том числе путем создания или укре- пления, по мере необходимости, национальных механизмов передачи и рассмотрения дел в соответствии с рекомендациями, изложенными в Плане действий ОБСЕ по борьбе с тор- говлей людьми;
9. Обеспечить, чтобы организации гражданского общества, которые на законных основа- ниях оказывают помощь жертвам торговли людьми в целях трудовой эксплуатации, не наказывались и не объявлялись вне закона за предоставление такой помощи;
10. Предусмотреть в соответствии с базовыми принципами своей правовой системы воз- можность, когда это целесообразно, не подвергать жертв наказанию за их участие в про- тивоправной деятельности в том случае, если их принудили к этому;
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11. Обеспечить эффективные процедуры подачи жалоб, когда отдельные лица могут кон- фиденциально сообщить об обстоятельствах, которые могли бы указывать на ситуацию, свидетельствующую о торговле людьми в целях трудовой эксплуатации, такую, как экс- плуататорские условия труда и жизни;
12. Разработать индикаторы, принимая во внимание, когда это необходимо, индикаторы, разработанные комиссией экспертов МОТ, для обеспечения последовательности и транспа- рентности при идентификации жертв торговли людьми в целях трудовой эксплуатации и при обнаружении ситуаций торговли людьми в целях трудовой эксплуатации;
13. Рассмотреть возможность дальнейшей дискуссии на экспертном уровне о том, каким образом отличать случаи торговли людьми в целях трудовой эксплуатации от других ситу- аций незаконной занятости;
14. Обеспечить эффективные и пропорциональные санкции против тех, кто способствует торговле людьми в целях трудовой эксплуатации, включая работодателей, занимающихся эксплуатацией;
15. Обеспечить эффективные санкции в тех случаях, когда работодатели или агентства по трудоустройству создают ситуации долговой кабалы;
16. Разработать программы по ограничению используемого некоторыми агентствами по трудоустройству обманного найма, который может привести к повышению для людей риска стать объектом торговли;
17. Рассмотреть вопрос об обеспечении того, чтобы подрядчики, которые сознательно используют субподрядчиков, участвующих в торговле людьми в целях трудовой эксплуа- тации, могли быть привлечены к ответственности за это преступление;
18. Рассмотреть вопрос об обеспечении подготовки судей, прокуроров, сотрудников поли- ции и инспекторов по труду, касающейся торговли людьми в целях трудовой эксплуатации, с точки зрения как уголовного преследования, так и защиты жертв и в связи с этим обеспе- чить, когда это необходимо, предоставление соответствующих ресурсов;
19. Запланировать проведение информационно-просветительских кампаний в странах про- исхождения, транзита и назначения, ориентированных, в частности, на группы, уязвимые с точки зрения торговли людьми в целях трудовой эксплуатации;
20. Активизировать усилия по предотвращению детского труда путем рассмотрения вопроса о подписании и ратификации Конвенции МОТ о наихудших формах детского труда 1999 года, если они еще не сделали этого, а если они уже являются ее сторонами, – путем осу- ществления ее положений;
21. Повысить сотрудничество на международном уровне путем обмена информацией и луч- шей практикой в области борьбы с торговлей людьми в целях трудовой эксплуатации и рас- смотрения путей укрепления сотрудничества, касающегося правоприменения, а также защиты жертв и помощи в реинтеграции в случае репатриации;
22. Совершенствовать сбор и анализ данных о связи между торговлей людьми в целях тру- довой эксплуатации и миграцией и обмениваться такой информацией с другими государ- ствами – участниками ОБСЕ.
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Решение № 9/07:
Борьба с сексуальной эксплуатацией детей в интернете
Совет министров,
будучи обеспокоен тем, что развитие Интернета вызвало во всем мире огромное расшире- ние масштабов просмотра и распространения детской порнографии и извлечения из нее прибыли, в том числе криминальными структурами, вновь подтверждая решимость госу- дарств-участников выполнить Решение № 15/06, принятое на Брюссельской встрече Совета министров, и принимая во внимания усилия исполнительных структур ОБСЕ по оказанию государствам- участникам помощи в этом отношении, принимая во внимание результаты работы Совещания экспертов по вопросам сексуальной эксплуатации детей в Интернете, состоявшегося 20–21 сентября 2007 года, и Дополнительного совещания по человеческому измерению на тему о борьбе с сексуальной эксплуатацией детей, состоявшегося 18–19 октя- бря 2007 года, будучи преисполнен решимости бороться с этим растущим явлением, в том числе путем активизации деятельности ОБСЕ на этом направлении, постановляет:
1. Рекомендовать государствам-участникам, которые еще не сделали этого, создать нацио- нальный оперативный центр или иную надлежащую структуру для улучшения координации и как можно более широкого задействования государственно- частного партнерства в целях более эффективного решения вопросов, связанных с сексуальной эксплуатацией детей;
2. Обратиться с призывом к государствам-участникам, которые еще не сделали этого, в соот- ветствии с национальными положениями о защите персональных данных наладить сбор и хранение информации относительно лиц, признанных виновными в сексуальной эксплу- атации детей или насилии над ними, с тем чтобы содействовать их задержанию и контролю над прохождением ими испытательного срока, и создать при необходимости механизмы, которые позволяют вести обмен информацией на международном уровне между правоох- ранительными органами в отношении осуждения и поражения в правах лиц, виновных в сексуальных преступлениях;
3. Рекомендовать государствам-участникам, которые еще не сделали этого, создать систему, которая позволяет правоприменительным структурам использовать каналы публичного вещания и, когда это необходимо, оперативно оповещать население о пропаже детей;
4. Обратиться с настоятельным призывом к государствам-участникам, которые еще не сде- лали этого, рассмотреть возможность объявления уголовно-наказуемыми деяниями пред- намеренное приобретение и хранение детской порнографии с учетом того, что просмотр и хранение детской порнографии стимулирует рост этого преступного бизнеса;
5. Побудить государства-участники, которые еще не сделали этого, к созданию специаль- ных национальных «горячих линий» для сообщения о случаях насилия над детьми, вклю- чая сексуальную эксплуатацию детей в Интернете;
6. Призвать государства-участники оказывать поддержку, когда это необходимо, более активному сбору данных и исследованию явления сексуальной эксплуатации детей и дет- ской порнографии в Интернете, с тем чтобы лучше понять масштабы и тенденции этой про- блемы и тем самым повысить эффективность программ по борьбе с ней;
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7. Побудить государства-участники в соответствии с национальным законодательством о защите персональных данных сотрудничать не только на национальной, но и на меж- дународной основе с поставщиками услуг в Интернете, компаниями-эмитентами кредит- ных карт, банками и другими соответствующими корпорациями в целях предотвращения использования Интернета для сексуальной эксплуатации детей и усложнения систем пла- тежей, с тем чтобы сделать эту преступную деятельность менее прибыльной и тем самым снизить спрос на детскую порнографию в Интернете;
8. Вновь призвать государства-участники содействовать правовой защите, помощи, над- лежащему медицинскому уходу, реабилитации и реинтеграции детей, ставших жертвами сексуальной эксплуатации, и там, где это необходимо, обеспечить безопасное возвращение домой детей, ставших объектом международной торговли;
9. Настоятельно призвать государства – участники ОБСЕ и далее повышать уровень специ- альной подготовки сотрудников правоприменительных структур, педагогов и медицинских работников, где это необходимо, в вопросах борьбы с детской порнографией в Интернете, в том числе используя возможности существующих программ, таких, как программы Меж- дународного центра по проблеме исчезновения и эксплуатации детей, и поручить соответ- ствующим исполнительным структурам ОБСЕ содействовать контактам в этом отношении;
10. Поручить соответствующим исполнительным структурам ОБСЕ оказывать содействие государствам – участникам ОБСЕ по их просьбе в деле осуществления этого Решения и Решения № 15/06 Совета министров в рамках имеющихся ресурсов и без ущерба для уже проводимых мероприятий;
11. Поручить Секретариату ОБСЕ в рамках имеющихся ресурсов создать на вебсайте POLIS своей Группы по стратегическим вопросам полицейской деятельности многоязычный раз- дел, посвященный борьбе с сексуальной эксплуатацией детей в Интернете, в связи с чем секция по системе POLIS должна наладить форум экспертов, призванный содействовать доступу правоохранительных структур государств- участников к лучшей практике и имею- щимся методикам или компьютерным программам для ведения следствия, а также к источ- никам оказания содействия в разработке законодательства или к типовому законодательству, и обеспечить доступ общественности к информации, повышающей ее осведомленность, и к ссылкам на соответствующие вебсайты;
12. Поручить Секретариату ОБСЕ с помощью вебсайта POLIS провести в 2008 году в режиме «онлайн» семинар-практикум ОБСЕ по борьбе с сексуальной эксплуатацией детей в Интер- нете, используя для его финансирования средства из внебюджетных взносов;
13. Поручить Генеральному секретарю в консультации с государствами- участниками рас- смотреть возможные варианты повышения экспертного потенциала ОБСЕ в этом вопросе в рамках имеющихся ресурсов и с должным учетом деятельности других международных организаций;
14. Предложить партнерам ОБСЕ по сотрудничеству на добровольной основе присоеди- ниться к обязательствам государств-участников в борьбе с сексуальной эксплуатацией детей.
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Решение № 10/07:
Терпимость и недискриминация: содействие взаимному уважению и пониманию
Совет министров,
вновь подтверждая, что соблюдение прав человека и основных свобод, демократия и вер- ховенство закона составляют сердцевину всеобъемлющей концепции безопасности ОБСЕ и что терпимость и недискриминация являются важными элементами продвижения прав человека и демократических ценностей,
вновь подтверждая, что проявления дискриминации и нетерпимости угрожают личной безопасности и единству общества, и вновь заявляя, что они могут вести к росту конфлик- тов и насилия,
будучи обеспокоен преступлениями на почве ненависти на всем пространстве ОБСЕ и при- знавая необходимость сотрудничества для эффективной борьбы с такими преступлени- ями, а также принимая к сведению доклад «Преступления на почве ненависти в регионе ОБСЕ: инциденты и ответные меры», подготовленный БДИПЧ по поручению государств-у- частников,
признавая роль национальных парламентов, которые принимают законодательство о борьбе с преступлениями на почве ненависти и проявлениями дискриминации и служат форумом для национального диалога, а также признавая ту роль, которую Парламентская ассамблея играет в повышении осведомленности о существующих в ОБСЕ обязательствах в области терпимости и недискриминации,
привлекая внимание к деятельности трех личных представителей Действующего предсе- дателя в поддержку общих усилий ОБСЕ по борьбе с нетерпимостью и дискриминацией и ожидая выводов обзора, проводимого Действующим председателем на основе консуль- таций с государствами-участниками,
подчеркивая, что основная ответственность за противодействие проявлениям нетерпи- мости и дискриминации лежит на государствах-участниках, в том числе их политических представителях,
вновь подтверждая свое обязательство содействовать повышению осведомленности о ценно- сти культурного и религиозного многообразия, как источника взаимообогащения социумов, и признанию значения интеграции в вопросах культурного и религиозного многообразия, как ключевого элемента содействия взаимному уважению и пониманию,
признавая важную роль, которую молодежь может играть в укреплении взаимного уваже- ния и понимания между представителями различных культур и религий, тем самым содей- ствуя продвижению демократии, прав человека и основных свобод, и в этом отношении отмечает проведение в Мадриде 5–6 ноября 2007 года Молодежного форума,
признавая, что проявления нетерпимости и дискриминации могут подрывать усилия, направленные на защиту прав индивидов, включая мигрантов, беженцев и лиц, принад- лежащих к национальным меньшинствам, и лиц без гражданства,
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признавая большое значение свободы религии и убеждений и просвещения в вопросах тер- пимости и недискриминации, как важного инструмента содействия взаимному уважению и пониманию, и в этой связи обращая внимание на презентацию «Толедских руководя- щих принципов в области преподавания вопросов религии и убеждений в государствен- ных школах»,
вновь заявляя о том интересе, который для ОБСЕ представляет инициатива «Альянс циви- лизаций», и целесообразности рассмотрения надлежащего вклада ОБСЕ на этапе реализа- ции доклада Группы высокого уровня,
отмечая факт назначения Высокого представителя Организации Объединенных Наций по «Альянсу цивилизаций» и его выступление с Планом действий (2007– 2009 годы) на заседа- нии Группы друзей-министров, состоявшемся в сентябре 2007 года в Нью-Йорке, а также предстоящий в январе 2008 года первый ежегодный Форум Альянса в Мадриде,
напоминая об обязательствах ОБСЕ содействовать терпимости и недискриминации, взя- тых на предыдущих встречах Совета министров, и принимая к сведению итоги различных конференций, посвященных вопросам терпимости и недискриминации,
приветствуя созыв в Бухаресте в июне 2007 года Конференции высокого уровня ОБСЕ по борьбе с дискриминацией и содействию взаимному уважению и понимания, являющейся последующей мерой по итогам Конференции 2005 года в Кордове по антисемитизму и дру- гим формам нетерпимости, и отмечая Бухарестскую декларацию, с которой выступил Дей- ствующий председатель,
ссылаясь далее на организованную Председательством ОБСЕ Конференцию по проблеме нетерпимости и дискриминации в отношении мусульман, которая состоялась в октябре в Кордове, и отмечая «Кордовскую декларацию Председательства о борьбе с нетерпимо- стью и дискриминацией в отношении мусульман»,
признавая специфический характер различных форм нетерпимости и в то же время при- давая большое значение необходимости следования всеобъемлющему подходу и решения сквозных вопросов, в частности, в таких областях, как законодательство, правоприменитель- ная деятельность, сбор данных и мониторинг преступлений на почве ненависти, образова- ние, СМИ и конструктивная общественная дискуссия, а также содействие межкультурному диалогу, с тем чтобы эффективно бороться со всеми формами дискриминации,
1. Призывает политических представителей, в том числе парламентариев, и впредь реши- тельно отвергать и осуждать проявления расизма, ксенофобии, антисемитизма, дис- криминации и нетерпимости, в том числе в отношении христиан, иудеев, мусульман и представителей других религий, а также жестокие проявления экстремизма, ассоцииру- емые с воинствующим национализмом и неонацизмом, соблюдая при этом свободу выра- жения мнений;
2. Подчеркивает сохраняющуюся необходимость того, чтобы государства- участники обеспе- чивали сбор и хранение достоверных данных и статистических сведений о преступлениях на почве ненависти и их проявлениях, наладили подготовку соответствующих сотрудни- ков правоохранительных структур и укрепляли сотрудничество с гражданским обществом;
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3. Призывает содействовать выполнению программ в области образования в государствах-у- частниках, с тем чтобы повышать осведомленность молодежи о ценности взаимного ува- жения и понимания;
4. Вновь заявляет о признании той важной роли, которую свободные и независимые СМИ могут играть в демократическом обществе, и того большого влияния, которое они могут оказывать в направлении противодействия ошибочным воззрениям и предубеждениям или их усугубления, и в этом отношении продолжает рекомендовать принятие журналистами добровольных профессиональных норм, введение самоконтроля СМИ и других надлежа- щих механизмов, гарантирующих повышение профессионализма, достоверности и соблю- дения этических норм в журналистской среде;
5. Призывает государства-участники активизировать свои усилия в сотрудничестве с граж- данским обществом по противодействию подстрекательству, неизбежно ведущему к наси- лию и преступлениям на почве ненависти, в том числе через Интернет, в рамках своего национального законодательства, соблюдая при этом свободу выражения мнений, и подчер- кивает в то же время необходимость в полной мере использовать возможности, открывае- мые Интернетом, для продвижения демократии, прав человека и воспитания терпимости;
6. Призывает к укреплению приверженности делу выполнения Плана действий по улучше- нию положения рома и синти в регионе ОБСЕ;
7. Призывает государства-участники защищать мигрантов, на законных основаниях про- живающих в принимающих странах, и лиц, принадлежащих к национальным меньшин- ствам, лиц без гражданства и беженцев от расизма, ксенофобии, дискриминации и жестоких проявлений нетерпимости и разрабатывать или усиливать национальные стратегии и про- граммы в направлении интеграции легальных мигрантов, для чего необходимо также про- явление активных усилий со стороны последних.
8. Рекомендует государствам-участникам наладить обмен лучшей практикой в рамках сво- его законодательства, стратегий и программ, которые содействуют формированию обще- ства, открытого для участия каждого, на основе уважения культурного и религиозного многообразия, прав человека и демократических принципов.
9. Обязуется обеспечить принятие эффективных последующих мер в развитие итогов работы, уже проделанной государствами-участниками, и соответствующими институтами ОБСЕ, в том числе БДИПЧ в рамках его Программы по вопросам терпимости и недискриминации, с тем чтобы содействовать в рамках их мандатов воспитанию терпимости и недискримина- ции, подчеркивая большое значение выполнения уже принятых в рамках ОБСЕ обязательств, с учетом опыта и экспертного потенциала других соответствующих международных и реги- ональных организаций в этой области во избежание дублирования усилий, и планирует рассмотреть вопрос о проведении в будущем конференций на политическом уровне, воз- можно, на регулярной основе, наряду с совещаниями по вопросам выполнения в 2008 году;
10. Рекомендует государствам-участникам, которые еще не сделали этого, создать националь- ные институты или специализированные органы для борьбы с нетерпимостью и дискри- минацией, а также разработать и осуществить национальные стратегии и планы действий в этой области, полагаясь на экспертный потенциал и помощь со стороны соответствую- щих институтов ОБСЕ на основе существующих обязательств и, при необходимости, со стороны соответствующих международных учреждений;
359 Мадрид, 2007 г
11. Принимает решение рассмотреть возможность внесения ОБСЕ надлежащего вклада в этап выполнения рекомендаций Группы высокого уровня по «Альянсу цивилизаций», принимая во внимание План действий, подготовленный Высоким представителем Орга- низации Объединенных Наций по «Альянсу цивилизаций», и рекомендует, чтобы Гене- ральный секретарь ОБСЕ в консультации с Действующим председателем присутствовал на приближающемся первом ежегодном Форуме Альянса в Мадриде и доложил о его ито- гах государствам-участникам.
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I. Заявления и декларации Совета министров
Заявление Совета министров по случаю 60-летия принятия Всеобщей декларации прав человека
Мы, члены Совета министров ОБСЕ, подтверждаем свою твердую приверженность Всеоб- щей декларации прав человека («Всеобщей декларации»), принятой Генеральной Ассам- блеей Организации Объединенных Наций 10 декабря 1948 года.
По случаю 60-летия принятия Всеобщей декларации мы вновь подтверждаем свое обяза- тельство поступать в соответствии с целями и принципами Устава Организации Объеди- ненных Наций и со Всеобщей декларацией прав человека.
Действуя в духе хельсинкского Заключительного акта, мы подчеркиваем закрепленные в нем принципы, которыми государства-участники руководствуются в своих взаимоотно- шениях, в частности принцип уважения прав человека и основных свобод.
Мы подчеркиваем универсальный характер всех прав человека.
Мы по-прежнему привержены уважению присущего человеку достоинства, как оно при- знано во Всеобщей декларации и соответствующих принятых нами документах ОБСЕ.
Мы заявляем о непреходящем значении прав, которые определены во Всеобщей декларации.
Мы вновь подтверждаем готовность обеспечивать полное выполнение обязательств ОБСЕ в области человеческого измерения. Все без исключения обязательства ОБСЕ в равной сте- пени действуют в отношении всех государств- участников.
Мы вновь подтверждаем неразрывную связь между соблюдением прав человека и поддер- жанием мира, справедливостью, процветанием народов и стабильностью, что признается в принятой ОБСЕ концепции общей и всеобъемлющей безопасности.
Принимая во внимание провозглашенные в хельсинкском Заключительном акте прин- ципы, которыми государства-участники руководствуются во взаимных отношениях, мы вновь подтверждаем, что обязательства, принятые ими в области человеческого измерения ОБСЕ, являются вопросами, представляющими непосредственный и законный интерес для всех государств-участников и не относятся к числу исключительно внутренних дел затра- гиваемого государства, о чем сказано в Московском документе 1991 года.
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Мы признаем ценный вклад ОБСЕ в поощрение и защиту прав, закрепленных во Всеобщей декларации. Мы признаем, в частности, деятельность Бюро по демократическим институ- там и правам человека (БДИПЧ) по оказанию содействия государствам-участникам, в соот- ветствии с его мандатом, в выполнении обязательств в сфере человеческого измерения.
По случаю 10-летия Бюро Представителя по вопросам свободы средств массовой инфор- мации мы признаем деятельность этого института в направлении продвижения незави- симых и плюралистических СМИ, являющихся важнейшим условием для существования свободного и открытого общества и подотчетных государственных институтов. Мы при- зываем государства-участники и партнеров по сотрудничеству к созданию условий, бла- гоприятствующих деятельности свободных и независимых СМИ.
По случаю 15-летия института Верховного комиссара по делам национальных меньшинств мы признаем ту роль, которую играл Верховный комиссар.
Мы остаемся приверженными делу строительства, консолидации и укрепления демокра- тии в наших странах.
Мы остаемся приверженными верховенству права и равной защите каждого человека со стороны закона на основе уважения прав человека и наличия эффективных, доступных и справедливых правовых систем.
Мы подчеркиваем, что каждый человек имеет право на жизнь, свободу и личную непри- косновенность; никто не должен содержаться в рабстве, и никто не должен подвергаться пыткам или жестоким, бесчеловечным или унижающим его достоинство видам обраще- ния или наказания.
Мы признаем, что полнее всего права человека соблюдаются в демократическом обще- стве, где процесс принятия решений проходит с максимальной транспарентностью и при широком участии населения. Мы поддерживаем плюралистическое гражданское общество и поощряем партнерские отношения между различными заинтересованными сторонами в деле поощрения и защиты прав человека.
Мы вновь заявляем, что каждый человек имеет право на свободу мысли, совести, религии или вероисповедания; свободу мнения и его выражения, свободу мирных собраний и ассо- циаций. При осуществлении этих прав каждый человек может подвергаться только таким ограничениям, которые установлены законом и соответствуют нашим международным обязательствам, как юридически обязывающим, так и политическим.
Декларация встречи министров о 60-й годовщине Конвенции о предупреждении преступления геноцида и наказании за него
Мы, члены Совета министров ОБСЕ, отмечаем 60-ю годовщину Конвенции о предупреж- дении преступления геноцида и наказании за него, принятой Генеральной Ассамблеей Организации Объединенных Наций 9 декабря 1948 года (далее именуемой «Конвенция»).
Мы констатируем, что во Всеобщей декларации прав человека достоинство, присущее всем членам человеческой семьи, и их равные и неотъемлемые права признаны в качестве основы свободы, справедливости и всеобщего мира, и также вновь подтверждаем соответствую- щие обязательства, закрепленные в Хельсинкском заключительном акте.
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Мы вновь подтверждаем значение Конвенции как важного международного инструмента предупреждения преступления геноцида и наказания за него.
Мы призываем государства-участники, которые еще не сделали этого, рассмотреть вопрос о том, чтобы как можно скорее стать сторонами Конвенции и частью этого глобального механизма по предупреждению преступления геноцида и наказанию за него. Мы далее при- зываем государства-участники расширять и активизировать свою деятельность, направ- ленную на полное выполнение своих обязательств по Конвенции.
Мы отмечаем, что, принимая Конвенцию, Организация Объединенных Наций признала, что преступление геноцида является отвратительным злодеянием, которое принесло большие потери человечеству, и была убеждена, что для содействия скорейшему предупреждению преступления геноцида и наказанию за него необходимо международное сотрудничество.
Мы признаем, что геноцид является одним из наиболее серьезных преступлений по меж- дународному праву, которое осуждается всем международным сообществом и никогда не может быть оправдано.
II. Решения Совета министров
Решение № 5/08:
Повышение эффективности борьбы с торговлей людьми в рамках уголовного правосудия на основе комплексного подхода
Совет министров,
подчеркивая свою серьезную озабоченность тем, что торговля людьми по-прежнему носит характер широко распространенного явления в регионе ОБСЕ,
считая, что торговля людьми является тяжким и чудовищным преступлением, которое грубо попирает достоинство человека и подрывает устои прав человека и основных свобод и является источником дохода для организованных преступных группировок;
принимая во внимание Конвенцию Совета Европы о противодействии торговле людьми,
вновь подтверждая все обязательства ОБСЕ по борьбе с торговлей людьми и в особенности вытекающие из Плана действий ОБСЕ по борьбе с торговлей людьми, включая Дополне- ние к нему об учете особых потребностей детей, являющихся жертвами торговли людьми, в защите и помощи (далее «План действий ОБСЕ»), и необходимость их выполнения,
вновь подтверждая важную роль Специального представителя и Координатора по борьбе с торговлей людьми (далее «Специальный представитель») в деле оказания содействия госу- дарствам-участникам в выполнении обязательств ОБСЕ по борьбе с торговлей людьми,
вновь подтверждая свою озабоченность тем, что, несмотря на последовательные меры, при- нимаемые на международном, региональном и национальном уровнях, число жертв тор- говли людьми, которые были выявлены и которым была оказана помощь, по-прежнему невелико, и лишь отдельные торговцы людьми привлечены к судебной ответственности,
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признавая, что адекватная защита жертв торговли людьми и оказание им содействия, а также более активное выявление пострадавших входят в число необходимых предвари- тельных условий для осуществления эффективного уголовного правосудия в этой обла- сти, в том числе в форме уголовного преследования торговцев людьми и их соучастников,
вновь заявляя, что обязательство вести борьбу с этим видом преступления в равной сте- пени лежит на странах происхождения, транзита и назначения,
вновь подтверждая поддержку усилий, прилагаемых государствами- участниками в сотруд- ничестве с международными и региональными организациями, неправительственными организациями и другими соответствующими органами по выработке всеобъемлющего, скоординированного и интегрированного подхода к борьбе с торговлей людьми, который включает, в частности, меры по предупреждению торговли людьми, защите жертв и оказа- нию им содействия, при полном уважении их прав, и меры по уголовному преследованию торговцев людьми, а также меры по борьбе с деятельностью транснациональных преступ- ных организаций и других элементов, которые наживаются на торговле людьми,
принимая во внимание Совещание ОБСЕ на тему «Успешное уголовное преследование тор- говцев людьми: трудности и передовой опыт», которое состоялось в Хельсинки 10–11 сен- тября 2008 года,
будучи преисполнен решимости добиться более эффективной борьбы с торговлей людьми в рамках уголовного правосудия,
1. Побуждает те государства-участники, которые еще не сделали этого, принять меры к тому, чтобы все формы торговли людьми, как они определены в Плане действий ОБСЕ, были при- знаны уголовно наказуемыми деяниями и чтобы действия лиц, участвующих в торговле людьми, не оставались безнаказанными;
2. Рекомендует государствам-участникам принять меры к тому, чтобы профессиональная подготовка по вопросам борьбы с торговлей людьми была включена в программу обучения сотрудников правоохранительных органов и чтобы соответствующие должностные лица органов национальной прокуратуры и судьи получали специализированную профессио- нальную подготовку по проблематике торговли людьми. Проводя инструктаж своих воен- ных и гражданских сотрудников, направляемых за рубеж, каждое государство-участник будет принимать во внимание политику и последствия в области торговли людьми;
3. Настоятельно призывает государства-участники принимать меры к тому, чтобы право- охранительные структуры и, где необходимо, суды сотрудничали между собой и с другими органами, в том числе социальными службами, а также, при необходимости, с соответству- ющими организациями гражданского общества в целях более эффективного выявления жертв торговли людьми;
4. Рекомендует государствам-участникам в тех случаях, когда это необходимо и предусмо- трено их соответствующими законами, прилагать усилия к тому, чтобы организации граж- данского общества, принимающие участие в защите прав жертв торговли людьми, имели возможность оказывать содействие и поддержку жертвам также в ходе уголовного процесса, и в этом контексте рассмотреть возможность налаживания сотрудничества между право- охранительными структурами и организациями гражданского общества;
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5. Призывает государства-участники обеспечивать, чтобы при наличии у властей веских оснований полагать, что конкретное лицо является жертвой торговли людьми, это лицо не подлежало высылке из страны до адекватного завершения процесса установления лично- сти и чтобы этому лицу оказывалось надлежащее содействие, в том числе, если этого тре- бует внутреннее законодательство, ему был предоставлен надлежащий период времени для восстановления физических и духовных сил, в течение которого решение о высылке из страны не приводилось бы в исполнение;
6. Рекомендует государствам-участникам обеспечивать, чтобы жертвы торговли людьми без ненужной задержки получали доступ к гарантированному жилью, психологической и медицинской помощи и консультациям относительно их юридических прав и доступ- ных для них услуг;
7. Призывает государства-участники, которые еще не сделали этого, к принятию специаль- ных мер по защите и оказанию содействия детям – жертвам торговли людьми в ходе уго- ловного процесса в соответствии с принципами действия в наилучших интересах ребенка, недискриминации, участия и возможности ребенка дать свои показания;
8. Настоятельно призывает государства-участники, которые еще не сделали этого, обеспе- чить, чтобы расследование дел или преследование по фактам торговли людьми не стави- лись в зависимость от наличия заявления или обвинения со стороны жертвы;
9. Призывает государства-участники продолжать принимать усилия для обеспечения того, чтобы с жертвами торговли людьми обращались подобающим образом, который гаран- тирует им пользование в полном объеме правами человека без угрозы запугивания или притеснения, и признать за жертвами потребность в адекватном времени для того, чтобы оправиться от травмы;
10. Рекомендует государствам-участникам принимать меры в соответствии с требовани- ями их надлежащих законов, с тем чтобы жертвы торговли людьми имели возможность получать справедливую и должную компенсацию за нанесенный им ущерб и в надлежа- щих случаях требовать материального возмещения в рамках уголовного и/или граждан- ского судопроизводства;
11. Призывает к более активному сотрудничеству национальных правоохранительных и про- курорских структур с соответствующими международными органами, в том числе Интер- полом и Европолом, и с правоохранительными структурами других государств-участников, например, посредством назначения сотрудников по связи или совместных следственных бригад в тех случаях, когда это обеспечивает повышение эффективности и действенности ответных мер в рамках уголовного правосудия;
12. Настоятельно призывает государства-участники активизировать принятие мер с целью раскрытия сетей торговли людьми, в том числе путем проведения мероприятий по финан- совому расследованию, следственных мероприятий по фактам отмывания денег в связи с торговлей людьми и путем замораживания или конфискации средств торговцев людьми;
13. Поручает Специальному представителю в рамках имеющихся ресурсов и как часть регу- лярной отчетности перед Постоянным советом в сотрудничестве с государствами-участни- ками подготовить рекомендации о путях дальнейшего повышения эффективности борьбы с торговлей людьми в рамках уголовного правосудия.
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Решение № 6/08:
Повышение эффективности усилий ОБСЕ по выполнению плана действий по улучшению положения рома и синти в регионе ОБСЕ
Совет министров,
подтверждая обязательства ОБСЕ, касающиеся рома и синти, в частности те, которые содер- жатся в Плане действий по улучшению положения рома и синти в регионе ОБСЕ 2003 года,
признавая, что этот План действий служит важной основой для обеспечения и защиты государствами-участниками прав человека рома и синти,
призывая государства-участники активизировать свои усилия для обеспечения возмож- ности полного участия рома и синти в жизни общества, а также принять меры по искоре- нению дискриминации в отношении них,
напоминая, что расизм и дискриминация продолжают затрагивать рома и синти повсюду в регионе ОБСЕ и что государства-участники взяли на себя обязательство повышать эффек- тивность своей политики и принимаемых ими практических мер по борьбе с этими явле- ниями,
напоминая о значении цыганской культуры и языка как части культурного наследия мно- гих стран и как неотъемлемого элемента идентичности рома и синти,
принимая к сведению Доклад БДИПЧ о положении дел (Доклад о положении дел) с выпол- нением Плана действий по улучшению положения рома и синти в регионе ОБСЕ 2008 года как средство поддержки эффективного выполнения обязательств ОБСЕ, касающихся рома и синти,
отмечая вклад Контактного пункта БДИПЧ по вопросам рома и синти в процесс регуляр- ного обзора и оценки выполнения Плана действий,
напоминая о важности поддержки соответствующими институтами ОБСЕ выполнения Плана действий, а также подчеркивая значение эффективной координации и сотрудни- чества в рамках ОБСЕ,
принимая к сведению состоявшееся 10–11 июля 2008 года дополнительное совещание по человеческому измерению об устойчивой политике социальной интеграции рома и синти,
имея твердое намерение повысить эффективность усилий ОБСЕ по выполнению Плана действий по улучшению положения рома и синти в регионе ОБСЕ,
1. Настоятельно призывает государства-участники обеспечить равный доступ к образованию и поощрять раннее образование детей рома и синти в качестве инструмента предотвращения социальной изоляции и маргинализации, а также достижения долгосрочного улучшения положения рома и синти. В этом контексте подчеркивает, что политика в области образо- вания должна быть нацелена на интеграцию рома и синти в общую систему образования;
2. Призывает БДИПЧ, в рамках существующих ресурсов, оказывать государствам- участ- никам по их просьбе содействие в расширении доступа детей рома и синти к раннему
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образованию. В этой связи настоятельно призывает государства-участники, когда это целе- сообразно, предпринимать инициативы по повышению информированности общества, включая также общины рома и синти, о преимуществах раннего образования;
3. Призывает государства-участники в сотрудничестве с рома и синти наращивать свои усилия по повышению осведомленности рома и синти о важности поступления в школу и постоянного её посещения;
4. Рекомендует государствам-участникам принимать во внимание вопросы, касающиеся рома и синти, при рассмотрении своего законодательства и политики, затрагивающих рома и синти, особенно в приоритетных областях Плана действий по улучшению положе- ния рома и синти в регионе ОБСЕ 2003 года;
5. Призывает соответствующие национальные власти, занимающиеся положением рома и синти, такие, как органы, имеющие отношение к меньшинствам, доступу к услугам здра- воохранения, образованию, жилью, антидискриминационной работе, полиции и средствам массовой информации, наращивать свои усилия по обеспечению выполнения обязательств ОБСЕ в рамках национального законодательства о равенстве и недискриминации. В этом контексте особое внимание следует уделять положению цыганских женщин и девочек;
6. Рекомендует государствам-участникам, которые еще не сделали этого, создать на соот- ветствующих уровнях институциональные механизмы с участием цыган и профильных правительственных органов, с тем чтобы содействовать осуществлению политики и про- грамм, направленных на улучшение положения рома и синти;
7. Рекомендует государствам-участникам наращивать свои усилия по активному вовле- чению общин рома и синти в процесс выработки политики, касающейся рома и синти, и поощрять эффективное участие рома и синти в общественной и политической жизни;
8. Призывает к дальнейшей координации и сотрудничеству, в пределах существующих ресурсов, в рамках ОБСЕ и с соответствующими субъектами международных отношений, такими как Совет Европы и Европейский союз, когда это необходимо;
9. Призывает к наращиванию усилий по повышению осведомленности об обязательствах ОБСЕ, касающихся рома и синти, и в этой связи отмечает важность представления Дирек- тором БДИПЧ в рамках его регулярных докладов Постоянному совету отчетов о положе- нии дел с выполнением Плана действий, как это предусмотрено статьями 133 и 134 главы X самого Плана действий.
Решение № 7/08:
Дальнейшее укрепление верховенства права в регионе ОБСЕ
Совет министров,
вновь подтверждая приверженность государств – участников ОБСЕ верховенству права и Принципам, которыми государства-участники руководствуются во взаимных отноше- ниях, согласно хельсинкскому Заключительному акту 1975 года, а также делу добросовест- ного выполнения международно-правовых обязательств и вновь заявляя о решимости государств – участников ОБСЕ содействовать строгому соблюдению этих принципов,
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ссылаясь на документы ОБСЕ, принятые в Вене в 1989 году, Копенгагене в 1990 году, Москве в 1991 году, Будапеште в 1994 году и Стамбуле в 1999 году, а также на Решение № 12/05 встречи Совета министров в Любляне об обеспечении прав человека и верховенстве закона в рам- ках систем уголовного правосудия,
ссылаясь также на Всеобщую декларацию прав человека и принимая во внимание Между- народный пакт о гражданских и политических правах,
напоминая также о других соответствующих документах Организации Объединенных Наций, подтверждающих, в частности, необходимость всеобщего соблюдения и осущест- вления принципа верховенства права как на национальном, так и на международном уров- нях и приверженность международному порядку, основанному на принципе верховенства права и международном праве,
подчеркивая то значение, которое мы придаем правам человека, верховенству права и демо- кратии, с учетом их взаимосвязанного и взаимоусиливающего характера,
подчеркивая также важность верховенства права как межизмеренческого вопроса для обеспечения соблюдения прав человека и демократии, безопасности и стабильности, над- лежащего управления, взаимных экономических и торговых отношений, безопасности капиталовложений и благоприятного делового климата, а также его роль в борьбе с кор- рупцией, организованной преступностью и всеми формами незаконного оборота, в том числе наркотических средств и оружия, а также с торговлей людьми и, следовательно, его значение как основы политического, экономического, социального и экологического раз- вития государств-участников,
подчеркивая также значение верховенства права в выполнении решений и положений доку- ментов ОБСЕ в военно-политической сфере,
принимая во внимание деятельность, касающуюся верховенства права, проводимую соот- ветствующими исполнительными структурами ОБСЕ, в частности Секретариатом, БДИПЧ и структурами ОБСЕ на местах, с целью оказания государствам-участникам содействия в наращивании потенциала для обеспечения верховенства права, и принимая также во внимание роль Парламентской ассамблеи ОБСЕ в деле содействия поддержанию верхо- венства права в регионе ОБСЕ,
принимая во внимание соответствующие мероприятия ОБСЕ в поддержку верховенства права, в частности Семинар ОБСЕ 2008 года по человеческому измерению на тему консти- туционного правосудия, а также соответствующие дополнительные совещания по вопро- сам человеческого измерения,
принимая во внимание текущие и планируемые государствами-участниками двусторон- ние мероприятия по проблематике верховенства права,
подчеркивая важное значение вопроса наделения ОБСЕ правосубъектностью, правоспособ- ностью, привилегиями и иммунитетами и, тем самым, укрепления правовой базы ОБСЕ,
1. Призывает все государства – участники ОБСЕ соблюдать свои международно- правые обязательства и выполнять принятые в рамках ОБСЕ обязательства относительно верхо- венства права как на международном, так и на национальном уровнях, в том числе во всех аспектах деятельности своих законодательной, административной и судебной ветвей власти;
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2. Призывает государства-участники, при необходимости, вносить вклад в выполнение про- ектов и программ ОБСЕ в поддержку верховенства права;
3. Рекомендует соответствующим исполнительным структурам ОБСЕ, в соответствии с их мандатами и в рамках имеющихся ресурсов, в сотрудничестве с профильными международ- ными организациями продолжать выявлять и использовать эффект синергии при оказании содействия государствам-участникам, по их просьбе, в укреплении верховенства права;
4. Рекомендует государствам-участникам при содействии, когда это необходимо, соответ- ствующих исполнительных структур ОБСЕ, в соответствии с их мандатами и в рамках име- ющихся ресурсов, продолжать и активизировать деятельность по обмену информацией и лучшей практикой и укреплять верховенство права, в частности, в следующих областях: • независимость судебной системы, эффективное отправление правосудия, право на спра- ведливое разбирательство, доступ к судам, подотчетность государственных институ- тов и должностных лиц, уважение верховенства права в государственном управлении, право на получение юридической помощи и соблюдение прав лиц, взятых под стражу; • соблюдение международно-правовых обязательств как ключевой элемент укрепления верховенства права в регионе ОБСЕ; • приверженность принципу урегулирования споров мирными средствами; • соблюдение принципа верховенства права и прав человека в ходе борьбы с террориз- мом в соответствии со своими международно-правовыми обязательствами и обязатель- ствами ОБСЕ; • предупреждение пыток и других жестоких, бесчеловечных или унижающих достоин- ство видов обращения или наказания, в том числе путем сотрудничества с компетент- ными международными органами; • эффективное законодательство и судебно-административная база в целях содействия эко- номической деятельности, торговле и инвестициям в государствах-участниках и между ними; • соблюдение верховенства права в сфере защиты природной среды в регионе ОБСЕ; • повышение осведомленности в вопросах, связанных с верховенством права, в рамках судов, правоохранительных ведомств, полицейских органов и систем исполнения нака- заний, а также при подготовке специалистов в области права; • образование по вопросам верховенства права, а также создание возможностей для взаи- модействия и обмена профессиональными юристами, учеными и студентами юридиче- ских факультетов из различных государств-участников региона ОБСЕ; • роль конституционных судов или приравниваемых к ним институтов государств-участ- ников как инструмента, призванного содействовать соблюдению во всех государствен- ных институтах принципов верховенства права, демократии и прав человека; • предоставление эффективных средств правовой защиты, когда это необходимо, и доступ к ним; • соблюдение стандартов и практики верховенства права в системе уголовного правосудия; • борьба с коррупцией.
5. Поручает соответствующим исполнительным структурам ОБСЕ на основе тесных кон- сультаций и сотрудничества с государствами-участниками и в рамках имеющихся ресурсов организовать в 2009 году семинар по тематике верховенства права, который мог бы стать
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платформой для обмена лучшей практикой между государствами-участниками в вопро- сах, связанных с верховенством права.
Решение № 8/08:
Вклад ОБСЕ в фазу выполнения инициативы «Альянс цивилизаций»
Совет министров,
признавая необходимость содействия взаимопониманию и отношениям сотрудничества между странами, являющимися носителями различных культур и цивилизаций,
будучи преисполнен решимости противодействовать радикализации и насильственному экстремизму, которые ведут к терроризму,
подчеркивая роль ОБСЕ как региональной структуры в соответствии с Главой VIII Устава Организации Объединенных Наций,
акцентируя неизменный интерес ОБСЕ к инициативе «Альянс цивилизаций», появившейся под эгидой Организации Объединенных Наций в соответствии с решениями, принятыми Советом министров на встречах в Любляне, Брюсселе и Мадриде,
вновь заявляя о своей приверженности борьбе с нетерпимостью и дискриминацией и содей- ствию взаимному уважению и пониманию,
напоминая о первоначальном вкладе ОБСЕ в инициативу «Альянс цивилизаций», пред- ставленном Генеральному секретарю ООН в 2006 году,
принимая во внимание План осуществления, подготовленный Высоким представителем ООН по инициативе «Альянс цивилизаций»,
постановляет, в рамках имеющихся ресурсов:
1. Уполномочить Генерального секретаря ОБСЕ следить за эволюцией «Альянса цивилиза- ций», рассматривать возможность сотрудничества в рамках проектов «Альянса цивилиза- ций» в областях, представляющих общий интерес и взаимную выгоду, которые содействуют выполнению обязательств, принятых в рамках ОБСЕ, и поручить ему представить доклад государствам-участникам;
2. Рекомендовать Генеральному секретарю ОБСЕ после консультаций с Действующим пред- седателем присутствовать на предстоящей второй встрече Форума «Альянса цивилизаций», которая состоится 2–3 апреля 2009 года в Стамбуле, и представить государствам-участни- кам доклад о ее итогах.
Решение № 10/08:
Дальнейшее наращивание деятельности ОБСЕ по противодействию терроризму
Совет министров,
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вновь подчеркивая решимость государств – участников ОБСЕ бороться с терроризмом во всех его формах и проявлениях как с преступлением, не имеющим оправдания, независимо от его мотивов или происхождения, и вести эту борьбу при соблюдении верховенства права и в соответствии со своими обязательствами по международному праву, в частности между- народным стандартам в области прав человека, беженскому праву и гуманитарному праву,
вновь подтверждая существующие обязательства ОБСЕ по противодействию терроризму и намерение сохранить контртеррористическую деятельность в числе приоритетов ОБСЕ,
вновь подтверждая поддержку государствами – участниками ОБСЕ Глобальной контртер- рористической стратегии ООН,
приветствуя Заявление глав государств и правительств стран «Группы восьми» по контр- терроризму, принятое 9 июля 2008 года на саммите в г. Тояко на о. Хоккайдо,
вновь заявляя о необходимости устранить потенциальные предпосылки возникновения и существования терроризма, в частности, путем обеспечения полного уважения демокра- тии и верховенства права, предоставления всем гражданам возможности в полной мере участвовать в политической жизни, недопущения дискриминации и поощрения межкуль- турного и межрелигиозного диалога в их обществах, вовлечения гражданского общества в поиск общего политического урегулирования конфликтов, утверждения прав человека и толерантности, а также путем борьбы с бедностью,
ссылаясь, в частности, на Заявление Совета министров в Софии по предупреждению терро- ризма и борьбе с ним (2004 год), Брюссельское заявление министров о поддержке и развитии международно-правовых рамок борьбы с терроризмом (MC.DOC/5/06/Corr.1) и Мадридское заявление Совета министров о поддержке Глобальной контртеррористической стратегии Организации Объединенных Наций (MC.DOC/3/07/Corr.1),
ссылаясь на Решение № 5/07 Мадридской встречи Совета министров о государственно-част- ном партнерстве в противодействии терроризму и Решение № 6/07 Мадридской встречи Совета министров о защите важнейших объектов энергетической инфраструктуры от тер- рористических нападений,
принимая к сведению организованную в Вене 15–16 сентября 2008 года конференцию ОБСЕ по дальнейшим шагам государственно-частного партнерства: «Партнерство государствен- ных органов власти, гражданского общества и делового мира в борьбе с терроризмом», которая внесла свой вклад в определение возможных сфер дальнейшего сотрудничества в области государственно-частного партнерства в противодействии терроризму,
принимая к сведению состоявшийся 24 октября 2008 года в Вене семинар по предотвраще- нию насильственного экстремизма и радикализации, ведущих к терроризму, выявивший необходимость более глубокого осмысления этого явления и принятия комплексных мер,
принимая к сведению состоявшийся 1–2 апреля 2008 года в Анкаре (Турция) семинар по усилению правового сотрудничества по связанным с терроризмом уголовным делам, на котором была подчеркнута необходимость наращивания сотрудничества в этой области,
принимая также к сведению состоявшуюся 4–5 ноября 2008 года в Бишкеке (Кыргыз- ская Республика) субрегиональную центральноазиатскую конференцию ОБСЕ по госу- дарственно-частному партнерству, которая продемонстрировала важность развития
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государственно-частного партнерства в противодействии терроризму на региональном и субрегиональном уровне,
принимая к сведению проведенный в рамках системы ООН обзор осуществления Гло- бальной контртеррористической стратегии ООН, которая задает направление контртер- рористической деятельности ОБСЕ, а также ее вклад в консолидацию глобальных усилий по борьбе с терроризмом,
1. Призывает государства-участники и исполнительные структуры ОБСЕ продолжать свои усилия, направленные на активное содействие осуществлению Глобальной контртеррори- стической стратегии ООН и других документов ООН по борьбе с терроризмом;
2. Призывает государства-участники продолжать развивать государственно- частное пар- тнерство с гражданским обществом, средствами массовой информации, деловым сооб- ществом и промышленными кругами в противодействии терроризму, в том числе путем распространения приобретенного опыта и обмена соответствующей информацией и при- мерами лучшей национальной практики как в целом в рамках ОБСЕ, так и на националь- ном, субрегиональном и региональном уровне, где это необходимо;
3. Поручает Генеральному секретарю и соответствующим исполнительным структурам ОБСЕ поддержать, в рамках имеющихся ресурсов, организацию в 2009 году семинаров, встреч и учебно-демонстрационных мероприятий на уровне экспертов, которые стиму- лировали бы инициативы по государственно-частному партнерству в таких областях, как сотрудничество с гражданским обществом и средствами массовой информации в противо- действии терроризму, развитие межкультурного и межрелигиозного диалога по вопросам борьбы с терроризмом, защита важнейших неядерных объектов энергетической инфраструк- туры от террористических нападений и борьба с финансированием терроризма и отмыва- нием денег, в частности, с акцентом на выполнение специальных рекомендаций по борьбе с финансированием терроризма Группы разработки финансовых мер по борьбе с отмыва- нием денег (ФАТФ);
4. Призывает государства – участники ОБСЕ использовать исполнительные структуры ОБСЕ в противодействии насильственному экстремизму и радикализации, ведущим к терроризму, в своих соответствующих странах. С этой целью государствам- участникам рекомендуется продолжать обмен идеями и примерами лучшей национальной практики, касающимися их стратегий и мер по противодействию насильственному экстремизму и радикализации, ведущим к терроризму, а также расширять свое сотрудничество со средствами массовой информации, деловым сообществом, промышленными кругами и гражданским обществом;
5. Поручает Генеральному секретарю на основе консультаций с соответствующими испол- нительными структурами ОБСЕ подготовить, в рамках существующих ресурсов, доклад об их контртеррористической деятельности. Доклад должен отражать существующие мандаты и обязательства ОБСЕ в области борьбы с терроризмом, а также содержать оценку контр- террористической деятельности ОБСЕ с учетом потенциала и ресурсов ОБСЕ и должен быть представлен государствам- участникам к 1 апреля 2009 года для дальнейшего обсуждения в соответствующих органах. Затем, как предусмотрено в MC(10).DEC/3, государства-участ- ники рассмотрят выполнение обязательств ОБСЕ по борьбе с терроризмом на Ежегодной конференции по обзору проблем в области безопасности 2009 года;
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6. Призывает партнеров по сотрудничеству добровольно выполнять положения настоя- щего Решения и предлагает им участвовать в деятельности, которая будет осуществляться в его рамках.
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I. Заявления и декларации Совета министров
Декларация Совета министров о корфуском процессе ОБСЕ: Вновь подтвердить – рассмотреть – укрепить деятельность по обеспечению безопасности и сотрудничества на пространстве от Ванкувера до Владивостока
1. Мы, министры иностранных дел 56 государств – участников Организации по безопасно- сти и сотрудничеству в Европе, встречаемся второй раз в этом году после нашей неофици- альной встречи на Корфу, чтобы отметить значительный прогресс, которого мы совместно достигли после объединения Европы и устранения прежних разногласий в Европе. Мы вновь подтверждаем, что реализация мечты о свободном, демократическом и более объе- диненном регионе ОБСЕ, от Ванкувера до Владивостока, без разделительных линий и зон с различными уровнями безопасности остается общей целью, которой мы полны реши- мости достичь.
2. Для достижения этой цели предстоит еще много работать. Мы по-прежнему серьезно озабочены тем, что принципы хельсинкского Заключительного акта и принятые в рамках ОБСЕ обязательства уважаются и выполняются не в полной мере; что использование силы не перестало рассматриваться как способ урегулирования споров; что не устранена опас- ность конфликтов между государствами и вооруженные конфликты происходили даже в последние десятилетия; что все еще существует напряженность и многие конфликты оста- ются неурегулированными; что выход из тупиковых ситуаций, связанных с контролем за обычными вооружениями, урегулированием разногласий в этой области, возобновлением полного осуществления режима Договора об ОВСЕ и восстановлением его жизнеспособ- ности, требует от его Государств-участников безотлагательных, согласованных действий; и что необходимо в полной мере защищать и продолжать развивать наши общие достиже- ния в области верховенства права, прав человека и основных свобод. Это происходит в то время, когда возникающие новые транснациональные угрозы требуют, как никогда ранее, общих ответов.
3. Мы признаем, что ответы на эти вызовы безопасности, усугубленные текущим междуна- родным финансовым и экономическим кризисом, следует искать, вновь проявляя стремле- ние к достижению результатов на основе многостороннего диалога и сотрудничества. На этом этапе нашим наивысшим приоритетом остается восстановление взаимного доверия, а также возрождение ощущения общности цели, которое объединило наших предшествен- ников в Хельсинки почти 35 лет тому назад. В этой связи мы приветствует направленный на достижение вышеупомянутых целей диалог о нынешних и будущих вызовах безопас- ности в евроатлантическом и евразийском регионе, инициированный на хельсинкской
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Встрече Совета министров 2008 года и начатый греческим Председательством в июне 2009 года в качестве корфуского процесса. Мы рассматриваем первую в истории ОБСЕ неофи- циальную встречу министров на Корфу с широким составом участников, на которой мы выразили нашу политическую волю противостоять вызовам безопасности во всех трех измерениях ОБСЕ, как важную веху в этом процессе.
4. Корфуский процесс уже поднял на качественно новый уровень наш политический диа- лог в ОБСЕ по вопросам безопасности и сотрудничества на пространстве от Ванкувера до Владивостока и способствовал его активизации. Мы полны решимости продолжать и далее развивать этот процесс, ставя амбициозные, конкретные и прагматические цели, не забывая при этом фокусировать внимание на уже выявленных ключевых вопросах нашей работы. ОБСЕ в силу широкого состава ее участников и межизмеренческого подхода к общей, все- объемлющей и неделимой безопасности, основанной на сотрудничестве, является надле- жащим форумом для этого диалога. Мы приветствуем ценный вклад всех профильных организаций и институтов, занимающихся вопросами безопасности, вносимый на базе Платформы безопасности, основанной на сотрудничестве.
5. Диалог в рамках корфуского процесса будет проводиться в ОБСЕ и основываться на принципах равенства, партнерства, сотрудничества, всеохватности и транспарентности. Он будет нацелен на открытый, честный и беспристрастный поиск путей преодоления раз- ногласий, с признанием наших различий и озабоченностей, в духе взаимного уважения и понимания. В его основе будут лежать три главных принципа: a) приверженность концепции всеобъемлющей и неделимой безопасности, основанной на сотрудничестве, которая закреплена в основополагающих документах ОБСЕ; b) полное, добросовестное и последовательное соблюдение всеми принятых в рамках ОБСЕ норм, принципов и обязательств по всем трем измерениям ОБСЕ; c) стремление к укреплению партнерства и сотрудничества в регионе ОБСЕ, а также к повы- шению эффективности ОБСЕ и ее вклада в обеспечение безопасности на нашем общем про- странстве.
6. Корфуский процесс будет продолжен нашими постоянными представителями при ОБСЕ в Вене в соответствии с принимаемым нами сегодня решением. Мы сохраняем привержен- ность стремлению придать мощный политический импульс корфускому процессу и с нетер- пением ожидаем дальнейшей оценки его прогресса в 2010 году в формате и на уровне, которые мы сочтем необходимыми с учетом достигнутых нами результатов.
7. Мы приветствуем казахстанское Председательство в ОБСЕ в 2010 году, которое впервые будет осуществляться центральноазиатским государством – участником ОБСЕ. Мы с инте- ресом принимаем к сведению его предложение созвать в 2010 году встречу ОБСЕ на высшем уровне. Мы отмечаем, что проведение такой встречи высокого уровня потребовало бы над- лежащей подготовки как в содержательном, так и в организационном плане. Мы поручаем Постоянному совету начать предварительные консультации с целью определения степени достигнутого прогресса в реализации повестки дня ОБСЕ, с тем чтобы мы могли обосно- ванно вынести свое решение.
Декларация встречи министров о 65-й годовщине окончания Второй мировой войны
В 2010 году отмечается 65-я годовщина окончания сражений Второй мировой войны, при- несшей небывалые страдания и разрушения. Эта война стала одной из величайших трагедий,
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постигших народы Европы и всего мира. Она продолжалась шесть с половиной лет и унесла десятки миллионов человеческих жизней. Война сопровождалась нарушениями прав и сво- бод человека, а также преступлениями против мира, военными преступлениями и престу- плениями против человечества.
Мы скорбим по всем погибшим – жертвам войны, холокоста, оккупации и репрессий. Мы чтим ветеранов и всех, кто боролся за победу человечества над фашизмом, диктатурой, угнетением и агрессией. Значимость принесенной ими жертвы не померкнет в веках, и мы никогда не забудем об их героическом подвиге.
Будучи преисполнены решимости не допустить повторения подобной катастрофы в евро- пейском и мировом масштабе, наши страны четко и недвусмысленно заявили о своей приверженности делу мира, безопасности и демократии, в частности, учредив Органи- зацию Объединенных Наций и создав региональные организации. Сегодня мы гордимся нашими совместными достижениями и приветствуем прогресс, достигнутый за последние 65 лет в преодолении трагического наследия Второй мировой войны на путях обеспечения мира и безопасности во всем мире, примирения, глобального и регионального сотрудни- чества и утверждения демократических ценностей, прав человека и основных свобод. Мы подчеркиваем важность той роли, которую на протяжении последних десятилетий играли в этом отношении СБСЕ и ОБСЕ.
Памятуя о хельсинкском Заключительном акте, Парижской хартии для новой Европы, Хар- тии европейской безопасности и других согласованных документах ОБСЕ, мы не должны терпеть разделительных линий и не пожалеем усилий, чтобы не допустить появления новых таких линий в регионе ОБСЕ и устранить источники вражды, напряженности и кон- фронтации. Мы подтверждаем свою позицию, согласно которой ни одно государство или группа государств в ОБСЕ не вправе рассматривать какую-либо часть региона ОБСЕ в каче- стве сферы своего влияния. Мы твердо намерены продолжать свои коллективные усилия с целью создания единого и неделимого пространства безопасности в регионе ОБСЕ на основе демократии, верховенства права, экономического процветания, социальной спра- ведливости и уважения прав и основных свобод человека, включая права лиц, принадле- жащих к национальным меньшинствам. Это остается нашей совместной целью.
Честное и тщательное изучение истории Второй мировой войны способствует примирению.
На историческом опыте мы познали опасность нетерпимости, дискриминации, экстремизма и ненависти на этнической, расовой и религиозной почве. Мы твердо намерены бороться с этими угрозами, в том числе по линии ОБСЕ, и отвергаем любые попытки оправдать их.
Мы решительно осуждаем любое отрицание факта холокоста. Мы осуждаем все формы этнической чистки. Мы подтверждаем свою приверженность соблюдению Конвенции ООН о предупреждении преступления геноцида и наказании за него, принятой 9 декабря 1948 года, и призываем государства-участники сделать все возможное, чтобы не допустить как сегодня, так и в будущем попыток осуществления геноцида. Виновные в совершении таких преступлений должны предстать перед правосудием.
Уроки Второй мировой войны сохраняют свою актуальность и сегодня, когда нам необ- ходимо объединить наши усилия и ресурсы для реагирования на угрозы и вызовы нашей общей безопасности и стабильности, а также для защиты наших общих принципов. Новая эпоха породила новые угрозы и вызовы, среди которых одним из наиболее опасных является
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терроризм. Мы будем противодействовать этой и другим угрозам безопасности совместно, в частности, по линии ОБСЕ.
Мы убеждены в том, что мирное урегулирование всех существующих конфликтов, соблюде- ние норм международного права, реализация целей и принципов Устава ООН, выполнение обязательств, содержащихся в хельсинкском Заключительном акте и других согласован- ных документах ОБСЕ, – наилучший способ отдать должное тем, кто боролся за мир, сво- боду, демократию и человеческое достоинство, почтить память всех жертв Второй мировой войны, преодолеть наследие прошлого и уберечь нынешнее и будущие поколения от бед- ствий войны и насилия.
Декларация встречи министров по случаю 25-й годовщины принятия Конвенции против пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания
1. Мы, члены Совета министров ОБСЕ, вновь заявляем о своей глубокой приверженно- сти Конвенции против пыток и других жестоких, бесчеловечных или унижающих досто- инство видов обращения и наказания, принятой Генеральной ассамблеей ООН 10 декабря 1984 года, сторонами которой стали все государства – участники ОБСЕ.
2. По случаю 25-й годовщины принятия этой Конвенции мы вновь заявляем, что, как было провозглашено также во Всеобщей декларации прав человека, никто не должен подвер- гаться пыткам или жестоким, бесчеловечным или унижающим его достоинство видам обращения и наказания.
3. Мы признаем, что пытки являются одним из самых тяжких преступлений и утверждаем, что свобода от пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания является не допускающим отступлений правом, которое защищает присущие человеку честь и достоинство личности.
4. Мы решительно осуждаем все формы пыток и другие жестокие, бесчеловечные или уни- жающие достоинство виды обращения и наказания, которые запрещены и должны оста- ваться под запретом всегда и везде и поэтому никогда не могут иметь оправдания.
5. У нас вызывает серьезную озабоченность тот факт, что пытки и другие жестокие, бесче- ловечные или унижающие достоинство виды обращения и наказания по-прежнему имеют место во многих районах мира, в том числе в государствах – участниках ОБСЕ.
6. В этой связи мы обязуемся поддерживать абсолютный запрет на пытки и другие жесто- кие, бесчеловечные или унижающие достоинство виды обращения и наказания, который провозглашен в Конвенции, с тем чтобы в полном объеме и добросовестно выполнять ее положения и действовать в полном соответствии со всеми ее принципами.
7. Мы призываем государства – участники, которые еще не сделали этого, как можно ско- рее рассмотреть возможность присоединения к Факультативному протоколу к Конвенции.
8. Мы также подтверждаем нашу решимость в полном объеме выполнять свои общие при- нятые в рамках ОБСЕ обязательства по искоренению пыток и других жестоких, бесчело- вечных или унижающих достоинство видов обращения и наказания.
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9. Мы обязуемся активизировать наши усилия с целью принятия решительных, сфокусиро- ванных и эффективных мер по предупреждению пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания и борьбы с ними и обеспечи- вать полную реабилитацию жертв пыток.
10. Мы признаем ценный вклад ОБСЕ в продвижение принципов и положений, заложен- ных в Конвенции.
11. Мы считаем необходимым полностью сотрудничать на этом направлении с соответ- ствующими международными межправительственными органами.
12. Мы воздаем должное настойчивым усилиям гражданского общества, ведущего работу с целью предупреждения пыток и других жестоких, бесчеловечных или унижающих досто- инство видов обращения и наказания и облегчения страданий жертв.
II. Решения Совета министров
Решение № 1/09:
Продвижение Корфуского процесса
Совет министров,
высоко оценивая инициативу греческого Председательства относительно организации широкомасштабного и открытого проводимого в Вене диалога по ключевым проблемам общеевропейской безопасности, начатого на основе результатов нашей неофициальной встречи министров на Корфу,
будучи воодушевлен позитивным духом этого диалога и принимая во внимание многие предложения, выдвинутые делегациями в ходе этого диалога,
признавая необходимость продолжать корфуский процесс и углублять диалог с целью обе- спечения взаимопонимания и укрепления доверия; кроме того, продвигать предложения, направленные на укрепление возможностей ОБСЕ по противодействию угрозам безопас- ности и на достижение конкретных результатов в контексте обеспечения всеобъемлющего и сбалансированного подхода к безопасности,
постановляет с этой целью:
1. Поручить Председательству ОБСЕ в 2010 году в процессе тесных консультаций с после- дующими председательствами ФСБ продолжать неофициальный, регулярный и откры- тый диалог в рамках корфуского процесса путем проведения регулярных неофициальных встреч на уровне постоянных представителей – по мере целесообразности, при поддержке столиц – с целью расширения сфер согласия и содействия формированию консенсуса.
С учетом первоначальной оценки основных угроз и вызовов нашей безопасности и нашему сотрудничеству, определенных в рамках корфуского процесса до настоящего времени, даль- нейший диалог будет сфокусирован на вопросах, касающихся: • реализации всех норм, принципов и обязательств ОБСЕ;
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• роли ОБСЕ в раннем предупреждении, предотвращении и урегулировании конфликтов, регулировании кризисов и постконфликтном восстановлении; • роли контроля над вооружениями и режимов укрепления доверия и безопасности в фор- мировании взаимного доверия в изменяющейся обстановке в области безопасности; • транснациональных и межизмеренческих угроз и вызовов; • экономико-экологических вызовов; • прав человека и основных свобод, а также демократии и верховенства права; • повышения эффективности ОБСЕ; • взаимодействия с другими организациями и институтами на основе Платформы безо- пасности, основанной на сотрудничестве, 1999 года.
В рамках корфуского процесса государства-участники могут поднимать любые вопросы, которые они считают уместными.
2. Исходя из результатов неофициальных встреч постоянных представителей, Председа- тельство ОБСЕ после тесных консультаций с Председательством ФСБ к концу июня 2010 года представит на совместном расширенном заседании Постоянного совета и Форума по сотрудничеству в области безопасности промежуточный доклад с кратким изложением предложений, выдвинутых государствами-участниками в рамках корфуского процесса, для последующего рассмотрения и принятия возможных решений.
3. ПС и ФСБ в рамках своих мандатов и, в случае необходимости, совместно изучат про- межуточный доклад и, если это целесообразно, рассмотрят меры, касающиеся содержа- щихся в нем предложений.
4. На основании запросов исполнительные структуры ОБСЕ, в случае необходимости, будут оказывать в рамках своих мандатов помощь и экспертную поддержку. Парламентская ассам- блея ОБСЕ также может вносить свой вклад в корфуский процесс.
Председательство после тесных консультаций с государствами-участниками предложит партнерам ОБСЕ по сотрудничеству, международным, региональным и субрегиональным организациям и институтам, а также представителям научных кругов и НПО участвовать в дискуссиях на временной основе.
5. Участие Постоянного совета и Форума по сотрудничеству в области безопасности в кор- фуском процессе не будет осуществляться в ущерб их мандатам, очередным повесткам дня и текущей деятельности.
Решение № 2/09:
Дальнейшие усилия ОБСЕ по противодействию транснациональным угрозам и вызовам безопасности и стабильности
Совет министров,
признавая, что развитие обстановки в области безопасности в XXI веке в сочетании с про- цессом глобализации создает новые угрозы и вызовы безопасности и стабильности, которые
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носят транснациональный и межизмеренческий характер и требуют комплексного, межиз- меренческого и коллективного реагирования,
вновь подтверждая, что строгое соблюдение норм международного права и принципов Устава ООН по-прежнему находится в центре усилий по предотвращению и отражению угроз стабильности и безопасности и что Совет Безопасности ООН несет первоочередную ответственность за поддержание международного мира и безопасности и продолжает играть решающую роль в укреплении безопасности и стабильности в мире,
будучи уверен, что ОБСЕ может внести реальный вклад в развитие основанных на сотруд- ничестве мер реагирования на эти вызовы, опираясь на свой широкий состав участников, экспертный потенциал в конкретных тематических областях, а также на свою уникальную концепцию единой, всеобъемлющей, неделимой и основанной на сотрудничестве безопас- ности, учитывая, что угрозы безопасности и стабильности в регионе ОБСЕ вероятнее всего могут возникать в виде дестабилизирующих последствий событий, одновременно затра- гивающих военно-политическое, экономико-экологическое и человеческое измерения,
памятуя о том, что транснациональные угрозы государствам-участникам могут также исходить из районов, прилегающих к региону ОБСЕ, и как таковые требовать принятия мер реагирования в тесной координации с партнерами ОБСЕ по сотрудничеству и соот- ветствующими международными и региональными организациями,
вновь подтверждая сохраняющуюся актуальность принятой в 2003 году Стратегии ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке, которая служит межизмеренческой, всеобъемлющей и основанной на сотрудничестве платформой для дея- тельности ОБСЕ на этом направлении,
высоко оценивая работу, которую продолжают проводить в рамках своих соответствующих мандатов Постоянный совет и Форум по сотрудничеству в области безопасности с целью противодействия транснациональным угрозам,
высоко оценивая активную роль, которую ОБСЕ играет в своем регионе в противодей- ствии транснациональным угрозам с использованием своего Секретариата, институтов и структур на местах как важных инструментов оказания всем государствам-участникам помощи в выполнении ими обязательств во всех трех измерениях, и вновь подтверждая важность наращивания сотрудничества с Парламентской ассамблеей по всем соответству- ющим вопросам,
вновь подтверждая, что уважение прав человека и основных свобод, демократии и вер- ховенства права занимает центральное место в принятой ОБСЕ концепции всеобъемлю- щей безопасности, и признавая, что сильные демократические институты и верховенство права играют важную роль в предотвращении возникновения транснациональных угроз,
учитывая, что внутригосударственные и межгосударственные конфликты во всем регионе ОБСЕ могут порождать нестабильность, а также опасности и угрозы другого рода, такие, как терроризм, распространение оружия массового уничтожения, чрезмерное и деста- билизирующее накопление и неконтролируемое распространение ЛСО, нарушения прав человека, массовое изгнание населения, ухудшение социально- экономических условий и нелегальная миграция,
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признавая, что несоблюдение положений международного права, норм и принципов ОБСЕ, а также ряд факторов, относящихся к военно-политическому, экономико-экологическому и человеческому измерениям, являются одними из непосредственных причин конфлик- тов, сопряженных с насилием.
высоко оценивая вклад ОБСЕ в глобальные усилия по борьбе с терроризмом, особенно в виде поддержки усилий ООН и тесного сотрудничества с другими международными и региональными организациями, а также новаторские программы ОБСЕ в таких обла- стях, как противодействие использованию Интернета в террористических целях, содействие государственно-частному партнерству в борьбе с терроризмом, повышение надежности документов на въезд и выезд и правовое сотрудничество по уголовным делам, связанным с терроризмом, противодействие связанному с насилием экстремизму и радикализации, ведущим к терроризму, защита важнейших объектов энергетической инфраструктуры от террористических нападений,
отмечая вклад ОБСЕ в международные усилия по борьбе с организованной преступно- стью, включая незаконный оборот наркотических средств, незаконный ввоз мигрантов, нелегальную миграцию и торговлю людьми, а также с другими транснациональными угро- зами путем оказания государствам-участникам соответствующего экспертного содействия и помощи в правоохранительной области,
ссылаясь на свое обязательство укреплять роль ОБСЕ в деятельности, связанной с функ- циями гражданской полиции, в качестве составной части усилий Организации по предот- вращению конфликтов, регулированию кризисов и постконфликтному восстановлению, а также отмечая деятельность ОБСЕ, связанную с полицейскими функциями, включая созда- ние потенциала, подготовку полицейских в духе демократических принципов и обучение их ключевым навыкам полицейской работы,
отмечая прогресс, достигнутый в деятельности ОБСЕ по обеспечению безопасности границ и пограничного режима на основе утвержденной в 2005 году Концепции ОБСЕ в области безопасности границ и пограничного режима, и вновь подтверждая важность укрепления потенциала ОБСЕ по обеспечению открытости и безопасности границ и, где это необхо- димо, развития взаимовыгодного межгосударственного сотрудничества в качестве средств противодействия угрозам терроризма, организованной преступности, нелегальной мигра- ции, незаконного оборота оружия, наркотиков и торговли людьми,
высоко оценивая прогресс, достигнутый в осуществлении Решения MC.DEC/4/07/Corr.1 о взаимодействии ОБСЕ с Афганистаном, и призывая к активизации выполнения этого Решения,
признавая желание государств-участников продвигать комплексный подход ОБСЕ к повы- шению кибербезопасности, о чем свидетельствуют итоги состоявшегося в марте 2009 года семинара ОБСЕ по данному вопросу,
с признательностью отмечая усилия Секретариата по оказанию государствам- участни- кам содействия в нейтрализации транснациональных угроз и вызовов в области экономи- ко-экологического измерения, в том числе по таким вопросам, как нелегальная миграция, надлежащая практика управления, транспорт, энергетическая безопасность и влияющие на безопасность аспекты экологических проблем,
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вновь подтверждая, что практика, связанная с дискриминацией и нетерпимостью, кото- рая может корениться в таких явлениях, как этническая или религиозная напряженность, агрессивный национализм, шовинизм и ксенофобия, а также возникать на почве расизма, антисемитизма, агрессивного экстремизма и отсутствия уважения к правам лиц, принад- лежащих к национальным меньшинствам, не только угрожает безопасности отдельных лиц, но и способна служить причиной более широкомасштабных конфликтов и насилия,
признавая, что проблема беженцев и внутренне перемещенных лиц во всем регионе ОБСЕ, в том числе являющаяся следствием конфликтов, нарушений прав человека, а также при- родных или антропогенных катастроф, требует расширения сотрудничества всех госу- дарств-участников и их согласованных действий,
признавая важность комплексных усилий ОБСЕ по искоренению торговли людьми и отда- вая должное деятельности Специального представителя и координатора по борьбе с торгов- лей людьми и других соответствующих исполнительных структур ОБСЕ за их преданность делу оказания помощи государствам-участникам в борьбе с торговлей людьми (ТЛ),
признавая, что многие угрозы военно-политического характера, в том числе такие, как дестабилизирующее накопление обычных вооружений, незаконная передача вооружений и распространение оружия массового уничтожения, продолжают вызывать у государств – участников ОБСЕ серьезную озабоченность,
признавая, что усилия, необходимые для борьбы с распространением оружия массового уничтожения и средств его доставки, не ограничиваются военными средствами, и привет- ствуя утверждение Форумом по сотрудничеству в области безопасности 30 сентября 2009 года Руководства по лучшей практике, касающейся резолюции 1540 СБ ООН,
в полной мере признавая, что транснациональные угрозы и вызовы, в том числе межгосу- дарственное и межучрежденческое сотрудничество, остаются важной темой обсуждения в рамках корфуского процесса,
постановляет активизировать индивидуальные и коллективные усилия по противодействию транснациональным угрозам безопасности на комплексной, межизмеренческой основе в соответствии со Стратегией ОБСЕ по противодействию угрозам безопасности и стабиль- ности в XXI веке, в полной мере используя при этом экспертный потенциал и сравнитель- ные преимущества ОБСЕ;
постановляет изучить дополнительные возможности для повышения синергии в деятельно- сти ОБСЕ по отражению этих угроз, в частности, путем улучшения координации действий внутри Организации, взаимодействия с партнерами ОБСЕ по сотрудничеству и сосредо- точения усилий на тех областях, где ОБСЕ может внести собственный вклад в работу ООН и дополнить деятельность других международных организаций, в том числе на базе при- нятой в 1999 году Платформы безопасности, основанной на сотрудничестве;
поручает всем исполнительным структурам ОБСЕ активизировать свои усилия в рамках имеющихся у них мандатов и ресурсов с целью дальнейшего усиления межинституциональ- ных мер реагирования ОБСЕ на межизмеренческие угрозы безопасности, особенно в тех областях, на которые распространяются полномочия нескольких исполнительных структур;
предлагает Генеральному секретарю изучить пути дальнейшего совершенствования коорди- нации программной деятельности исполнительных структур ОБСЕ, как об этом говорится
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в Решении MC.DEC/18/06/Corr.1, уделив особое внимание межизмеренческой деятельно- сти ОБСЕ по противодействию транснациональным угрозам безопасности, опираясь на нынешние полномочия Секретариата и в пределах имеющихся ресурсов, а также подго- товить первый обзор проделанной работы к 1 апреля и не позднее 1 июня 2010 года пред- ставить Постоянному совету предложения о планируемых шагах на данном направлении.
Решение № 3/09:
Дальнейшие меры по поддержке и развитию международно-правовых рамок борьбы с терроризмом
Совет министров,
будучи преисполнен решимости усилить деятельность ОБСЕ по борьбе с терроризмом в соответствии с нормами и стандартами международного права согласно существующим обязательствам в рамках ОБСЕ,
вновь подтверждая, что государствам-участникам следует прилагать усилия по борьбе с терроризмом при полном уважении верховенства права и в соответствии со своими обя- зательствами в рамках резолюций Совета Безопасности ООН и универсальных конвенций и протоколов, связанных с предупреждением терроризма и борьбой с ним, Глобальной кон- тртеррористической стратегии Организации Объединенных Наций и соответствующих положений международного права прав человека, гуманитарного права и беженского права,
ссылаясь на обязательства в рамках ОБСЕ согласно Решению № 1 бухарестской Встречи Совета министров (MC(9).DEC/1), Заявлению министров о Международной конвенции о борьбе с актами ядерного терроризма (MC.DOC/1/05) и Брюссельскому заявлению мини- стров о поддержке и развитии международно-правовых рамок борьбы с терроризмом (MC. DOC/5/06/Corr.1) и приветствуя значительный прогресс, достигнутый в плане присоедине- ния государств-участников к 12 универсальным конвенциям и протоколам 1963–1999 годов о борьбе с терроризмом, а также прогресс в подписании и ратификации Международной конвенции о борьбе с актами ядерного терроризма (2005 год),
отмечая последние важные события в развитии международно-правовых рамок борьбы с терроризмом, в частности принятие Поправки к Конвенции о физической защите ядер- ного материала (2005 год), Протокола к Конвенции о борьбе с незаконными актами, направ- ленными против безопасности морского судоходства (2005 год), и Протокола к Протоколу о борьбе с незаконными актами, направленными против безопасности стационарных плат- форм, размещенных на континентальном шельфе (2005 год), и желая содействовать их ско- рейшему вступлению в силу,
признавая необходимость выполнения содержащихся в универсальных конвенциях и про- токолах о борьбе с терроризмом положений о наказуемости преступлений в рамках наци- онального уголовного и, где это применимо, также административного и гражданского законодательства, предусмотрев надлежащие меры наказания за эти преступления, с тем чтобы привлечь к судебной ответственности исполнителей, организаторов, пособников и спонсоров актов терроризма в рамках верховенства права и содействовать международ- ному правовому сотрудничеству на основе принципа «выдавать или предавать суду», как того требуют соответствующие резолюции Совета Безопасности ООН и универсальные международно-правовые документы о борьбе с терроризмом,
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признавая также, что государства – участники ОБСЕ могут нуждаться в технической помощи в своих усилий в указанных выше направлениях,
признавая ту важную роль, которую парламентарии играют в ратификации и осуществле- нии в рамках национального законодательства универсальных конвенций и протоколов о борьбе с терроризмом,
настоятельно призывает те государства – участники ОБСЕ, которые еще не сделали этого, приложить все усилия для того, чтобы незамедлительно стать сторонами 13 действующих в настоящее время универсальных конвенций и протоколов о борьбе с терроризмом и в пол- ном объеме выполнять их положения;
призывает государства – участники ОБСЕ рассмотреть возможность присоединения к Поправке к Конвенции о физической защите ядерного материала (2005 год), Протоколу к Конвенции о борьбе с незаконными актами, направленными против безопасности мор- ского судоходства (2005 год) и Протоколу к Протоколу о борьбе с незаконными актами, направленными против безопасности стационарных платформ, расположенных на конти- нентальном шельфе (2005 год), и затем в полном объеме выполнять их положения;
призывает государства – участники ОБСЕ рассмотреть возможность присоединения к реги- ональным и субрегиональным международно-правовым документам, касающимся терро- ризма, в том числе к Конвенции Совета Европы о предупреждении терроризма;
поручает Генеральному секретарю, в рамках имеющихся ресурсов и в сотрудничестве с ЮНОДК и другими профильными международными структурами, организовать в 2010 году семинар с целью оказания государствам-участникам помощи в уголовно-правовых аспектах осуществления универсальных конвенций и протоколов о борьбе с терроризмом, заключенных в 2005 году;
поручает Действующему председателю в сотрудничестве с исполнительными структурами ОБСЕ организовать в 2010 году в Астане, в рамках имеющихся ресурсов и в сотрудничестве с ЮНОДК и Советом Европы, а также другими профильными международными партне- рами, конференцию на уровне экспертов для рассмотрения успешных стратегий, эффек- тивной политики и лучшей практики по предупреждению терроризма;
призывает государства – участники ОБСЕ укреплять межгосударственное сотрудничество в продвижении универсальных конвенций и протоколов о борьбе с терроризмом путем обмена техническим экспертным потенциалом и поручает Генеральному секретарю про- должать содействовать межгосударственному сотрудничеству, в том числе путем согласо- вания предложений и заявок на техническую помощь между государствами-участниками;
поручает Генеральному секретарю и компетентным исполнительным структурам ОБСЕ, в рамках имеющихся ресурсов, продолжать сотрудничество с ЮНОДК в вопросе усиления правового режима борьбы с терроризмом путем содействия осуществлению универсальных международно-правовых документов о борьбе с терроризмом, в частности путем дальней- шего совершенствования и упорядочения поддержки, оказываемой Программе ЮНОДК по предупреждению терроризма в плане: • повышения осведомленности общественности и содействия формированию у госу- дарств-участников политической воли к тому, чтобы стать сторонами универсальных конвенций и протоколов о борьбе с терроризмом;
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• оказания государствам-участникам по их просьбе технической помощи в разработке уголовного законодательства по борьбе с терроризмом; • обучения судебных должностных лиц навыкам международно-правового сотрудниче- ства в уголовных делах, связанных с терроризмом;
и настоятельно рекомендует государствам-участникам вносить добровольные взносы на выполнение соответствующих внебюджетных проектов в этих областях;
предлагает партнерам ОБСЕ по сотрудничеству добровольно выполнять обязательства ОБСЕ в отношении международно-правовых рамок борьбы с терроризмом и сотрудниче- ства в вопросах уголовного правосудия, связанных с терроризмом.
Решение № 5/09:
Управление миграционными процессами
Совет министров,
ссылаясь на обязательства в рамках ОБСЕ, касающиеся миграции, в частности соответству- ющие положения хельсинкского Заключительного акта 1975 года, Решение № 2/05 Совета министров о миграции и Заявление Совета министров по миграции (MC.DOC/6/06/Corr.1), и вновь подтверждая их,
принимая во внимание Документ-стратегию ОБСЕ в области экономического и экологиче- ского измерения, принятый на встрече Совета министров в Маастрихте (2003 год), и ссы- лаясь на выводы 13-й встречи Экономического форума ОБСЕ,
принимая во внимание инициативы и деятельность ОБСЕ в рамках 17-й встречи Экономи- ко-экологического форума ОБСЕ на тему «Управление миграционными процессами и его взаимосвязи с экономической, социальной и природоохранной политикой на благо ста- бильности и безопасности в регионе ОБСЕ»,
признавая растущее значение и выгоды эффективного управления миграционными про- цессами для социально-экономического развития, общественного согласия, безопасности и стабильности во всех странах, в том числе в странах происхождения, транзита и назначе- ния, и в полной мере признавая права человека за мигрантами и членами их семей,
подчеркивая важность интеграции миграционной политики в стратегии по решению эко- номических и социальных задач, природоохране, развитию и безопасности и управления миграционными процессами с использованием основанных на сотрудничестве, всеобъем- лющих и межизмеренческих подходов,
подчеркивая необходимость облегчения законной миграции и борьбы с незаконной мигра- цией,
учитывая многообразие подходов государств – участников ОБСЕ к проблемам миграции и обращаясь к их опыту и примерам наилучшей практики,
подчеркивая необходимость углубления диалога и сотрудничества на всех уровнях вну- три государств и между всеми государствами, а также со всеми соответствующими
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заинтересованными сторонами, в том числе социальными партнерами, представителями делового мира, гражданского общества и академических кругов, в целях эффективного использования благоприятных возможностей и нахождения ответов на вызовы, связан- ные с комплексным управлением миграционными процессами,
подтверждая, что сотрудничество, диалог и обмен положительной практикой и информа- цией по вопросам управления миграцией по-прежнему являются важным компонентом принятого в ОБСЕ всеобъемлющего подхода к безопасности, который пользуется долж- ной поддержкой в рамках соответствующих мандатов, возможностей и ресурсов во всех трех измерениях,
1. Рекомендует государствам-участникам продолжать деятельность в сфере управления миграционными процессами и для этого: • уделять особое внимание устранению первопричин миграции; • обеспечивать, чтобы их национальная практика в области миграции соответствовала их международно-правовым обязательствам и обязательствам в рамках ОБСЕ; • продолжать, по мере необходимости, разработку и активизировать осуществление все- объемлющей и эффективной национальной миграционной политики и планов действий; • совершенствовать сбор сопоставимых данных о миграции с целью содействия диалогу и обмену лучшей практикой на уровне ОБСЕ; • укреплять сотрудничество и партнерство между странами происхождения и назначе- ния путем содействия реализации эффективных систем законной миграции, таких, как маятниковая миграция и другие формы добровольных программ содействия мобильно- сти трудовых ресурсов на благо развития стран происхождения и назначения; • уважать права человека применительно к мигрантам и прилагать более решительные уси- лия для борьбы с дискриминацией, нетерпимостью и ксенофобией в отношении мигран- тов и членов их семей;
2. Рекомендует государствам-участникам включать гендерные аспекты в свою миграцион- ную политику с учетом рекомендаций, содержащихся в подготовленном ОБСЕ Руководстве по учитывающим гендерный фактор стратегиям в области трудовой миграции;
3. Призывает государства-участники совершенствовать управление миграционными пото- ками путем повышения программной согласованности стратегий в области миграции и эко- номического и социального развития, природоохраны и безопасности с использованием, при необходимости, консультаций, партнерства и сотрудничества между правительствами на двустороннем, региональном и межрегиональном уровнях;
4. Рекомендует государствам-участникам принимать необходимые меры для сведения к минимуму отрицательных последствий глобального финансово- экономического кризиса для мигрантов путем активизации экономического сотрудничества, создания привлека- тельных условий для инвестиций и развития бизнеса и облегчения денежных переводов;
5. Поручает Постоянному совету, его неофициальным вспомогательным органам и испол- нительным структурам ОБСЕ в соответствии с их надлежащими мандатами по всем изме- рениям, в рамках принятого в Организации всеобъемлющего подхода к безопасности и в пределах существующих ресурсов, среди прочего:
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• обеспечить широкую региональную платформу для поддержания диалога по вопросам миграции и безопасности как между государствами-участниками ОБСЕ, так и между госу- дарствами-участниками и партнерами по сотрудничеству с привлечением других надле- жащих заинтересованных сторон в полном соответствии с Правилами процедуры ОБСЕ; • продолжать работать над гендерными аспектами миграции; • помогать государствам-участникам, по их запросу, совершенствовать миграционное зако- нодательство и разрабатывать и эффективно осуществлять национальные программы путем оказания консультационного содействия и подготовки кадров в сотрудничестве с соответствующими международными и региональными организациями; • вносить вклад в международные усилия по оценке возможного влияния ухудшения состояния окружающей среды на интенсивность миграционных потоков, которые может усилить изменение климата, для обеспечения лучшей подготовленности в этой сфере; • продолжать оказывать государствам-участникам, по их запросу, содействие во внедре- нии эффективных методов управления миграционными процессами, в том числе путем обмена примерами лучшей практики, в облегчении законной миграции и в борьбе с неза- конной миграцией, уделяя при этом повышенное внимание двустороннему и многосто- роннему сотрудничеству в этой сфере.
Решение № 7/09:
Участие женщин в политической и общественной жизни
Совет министров,
напоминая об обязательствах ОБСЕ по продвижению гендерного равенства, недискрими- нации и поощрению равного права мужчин и женщин на участие в политической и обще- ственной жизни,
принимая во внимание сохраняющуюся недопредставленность женщин на пространстве ОБСЕ в руководящих структурах законодательной, исполнительной, включая полицейские службы, и судебной ветвей власти,
будучи озабочен тем, что широко распространенная дискриминация в отношении жен- щин по-прежнему препятствует их действенному участию в политической и обществен- ной жизни на всех уровнях,
признавая, что обзор выполнения обязательств ОБСЕ, в том числе на компетентных фору- мах ОБСЕ, может содействовать выработке более эффективных подходов и мер,
вновь заявляя, что полное и равное осуществление женщинами своих прав человека явля- ется непременным условием формирования более мирного, процветающего и демократи- ческого пространства ОБСЕ,
вновь подтверждая обязательство государств-участников инициативно выполнять в рам- ках всей Организации План действий ОБСЕ 2004 года по поддержке гендерного равенства и напоминая о принятых на люблянской Встрече Совета министров решениях № 14/05 о роли женщин в предотвращении конфликтов, урегулировании кризисов и постконфликт- ном восстановлении и № 15/05 о недопущении и пресечении насилия в отношении женщин,
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ссылаясь на резолюцию 1325 (2000) Совета Безопасности ООН, в которой содержится призыв к полному и равному участию женщин в принятии решений, касающихся преду- преждения конфликтов, а также постконфликтного восстановления, и подчеркивая необ- ходимость их полного и равного участия и вовлеченности во все усилия по поддержанию и содействию укреплению международного мира и безопасности,
принимая к сведению резолюцию 1889 (2009) Совета Безопасности ООН, которая насто- ятельно призывает международные и региональные организации продолжать принимать меры для расширения участия женщин на всех этапах мирного процесса,
обращая внимание на тот факт, что 18 декабря 2009 года знаменует собой 30-ю годов- щину принятия Конвенции о ликвидации всех форм дискриминации в отношении жен- щин (КЛДЖ), которая направлена на искоренение дискриминации в отношении женщин в политической и общественной жизни, и, отмечая, что 10 декабря знаменует собой 10-ю годовщину со дня открытия для подписания Протокола к этой Конвенции,
признавая, что помимо препятствий гендерного характера женщины могут встречать и дру- гие барьеры на пути своего участия в политической и общественной жизни,
призывает государства-участники:
1. Рассмотреть возможность принятия конкретных мер для достижения цели гендерной сбалансированности во всех органах законодательной, судебной и исполнительной власти, включая силовые структуры, такие, как полицейские службы;
2. Рассмотреть возможность принятия законодательных мер, которые содействовали бы более сбалансированному участию женщин и мужчин в политической и общественной жизни, и особенно в принятии решений;
3. Рекомендовать всем движущим политическим силам содействовать равному участию женщин и мужчин в политических партиях с целью достижения более сбалансированного гендерного представительства на выборных государственных должностях на всех уровнях принятия решений;
4. Рассмотреть возможность принятия мер для создания, где это необходимо, равных воз- можностей внутри силовых структур, в том числе в вооруженных силах, позволяющих обеспечивать сбалансированное комплектование личным составом, продолжение службы и продвижение по службе мужчин и женщин;
5. Разрабатывать и внедрять, по мере необходимости, открытые и предполагающие активное участие процессы, которые обеспечивают более активную вовлеченность женщин и муж- чин во все этапы разработки законодательства, программ и политики;
6. Создавать возможности для внесения женщинами и мужчинами равного вклада в ини- циативы по миростроительству;
7. Предпринимать необходимые шаги для создания, когда это целесообразно, эффектив- ных национальных механизмов для оценки степени равенства участия и представитель- ства женщин;
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8. Оказывать поддержку, где это необходимо, неправительственным и научно- исследова- тельским организациям в подготовке целевых исследований и реализации инициатив по повышению осведомленности общественности с целью выявления конкретных вызовов, возникающих на пути участия женщин в политической и общественной жизни, и содей- ствии продвижению равенства возможностей женщин и мужчин;
9. Поощрять совместное выполнение мужчинами и женщинами трудовых и родительских обязанностей, с тем чтобы содействовать равенству возможностей женщин с целью обе- спечения их действенного участия в политической и общественной жизни.
Решение № 8/09:
Активизация усилий ОБСЕ по обеспечению устойчивой интеграции рома и синти
Совет министров,
вновь подтверждая принятые в рамках ОБСЕ обязательства, касающиеся рома и синти, в том числе те, которые содержатся в Плане действий по улучшению положения рома и синти в регионе ОБСЕ 2003 года,
признавая, что государствами-участниками были с этой целью предприняты определен- ные усилия,
отмечая, что был достигнут ограниченный прогресс в ликвидации сохраняющегося в неко- торых областях серьезного разрыва в положении рома и синти и остального населения,
принимая к сведению Доклад БДИПЧ о положении дел с выполнением Плана действий по улучшению положения рома и синти в регионе ОБСЕ 2008 года,
подчеркивая, что для улучшения положения рома и синти во всем регионе ОБСЕ необхо- димы решительные действия,
будучи убежден, что государства-участники должны стремиться к максимальному повы- шению роли цыган в определении затрагивающей их политики и что общины рома и синти должны быть партнерами и разделять ответственность за реализацию такой политики, призванной способствовать их интеграции,
признавая особые трудности, с которыми сталкиваются рома и синти, и необходимость принятия эффективных мер с целью искоренения дискриминации в отношении них и обе- спечения их устойчивой интеграции в соответствии с обязательствами, принятыми в рам- ках ОБСЕ,
будучи обеспокоен тем, что рома и синти принадлежат к общинам, которые продолжают страдать от расизма и дискриминации, а также ростом предрассудков и жестоких прояв- лений нетерпимости в отношении к рома и синти,
отмечая, что в периоды глобального экономического спада рома и синти принадлежат к тем, кто является особенно уязвимым и может стать объектом иррациональной враждебности и общественного осуждения,
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сознавая, что проявления нетерпимости в отношении рома и синти могут не только при- вести к росту их изоляции и маргинализации, но и поставить под угрозу общественное согласие и мирное сосуществование в обществе в целом,
признавая, что Решение № 6/08 Совета министров о повышении эффективности усилий ОБСЕ по выполнению Плана действий по улучшению положения рома и синти в регионе ОБСЕ стало важным шагом в обеспечении равного доступа к образованию и в привлече- нии внимания общественности к важности преимуществ раннего образования,
принимая к сведению результаты Совещания по рассмотрению выполнения, посвящен- ного человеческому измерению, 2009 года и его рабочего заседания по конкретно выбран- ной теме раннего образования рома и синти,
подчеркивая значение соответствующих институтов и структур ОБСЕ в осуществлении их мандатов путем поддержки выполнения Плана действий по улучшению положения рома и синти в регионе ОБСЕ, а также эффективной координации и сотрудничества в рамках ОБСЕ с этой целью,
1. Призывает государства-участники активизировать свои усилия по выполнению Плана действий по улучшению положения рома и синти в регионе ОБСЕ и продвигать процесс устойчивой интеграции рома и синти;
2. Призывает государства-участники продолжать представлять БДИПЧ информацию о достигнутом прогрессе в выполнении Плана действий по улучшению положения рома и синти в регионе ОБСЕ;
3. Настоятельно призывает государства-участники наращивать свои усилия по поощре- нию терпимости и борьбе с предрассудками в отношении рома и синти с целью предот- вращения их дальнейшей маргинализации и изоляции и противодействия росту жестоких проявлений нетерпимости в отношении рома и синти, а также безоговорочно и публично осуждать любое насилие, направленное против рома и синти, и принять все необходимые меры для обеспечения доступа к эффективным средствам правовой защиты в соответствии с национальными судебными, административными, согласительными и примирительными процедурами, а также обеспечить в этом отношении координацию между ответственными структурами на всех уровнях;
4. Призывает государства-участники надлежащим образом активизировать участие рома и синти в выработке, осуществлении и оценке затрагивающей их политики, а также поощ- рять диалог между рома и синти и остальным обществом с целью повышения информи- рованности о той угрозе общественному согласию, стабильности и безопасности, которую могут нести нетерпимость и дискриминация;
5. Призывает государства-участники в сотрудничестве с рома и синти определить и изу- чить проблемы миграции рома и синти, имеющие отношение к их устойчивой интеграции в пределах региона ОБСЕ;
6. Поручает БДИПЧ в сотрудничестве и координации с ВКНМ и Представителем по вопро- сам свободы средств массовой информации и другими соответствующими исполнитель- ными структурами ОБСЕ, в рамках их мандатов и в пределах существующих ресурсов, продолжать оказывать государствам-участникам помощь в противодействии актам дис- криминации и насилия в отношении рома и синти, в борьбе с негативными стереотипами
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в отношении рома и синти в средствах массовой информации с учетом принятых в рамках ОБСЕ соответствующих обязательств относительно свободы СМИ и в полном выполнении принятых в рамках ОБСЕ обязательств, касающихся, в частности, выполнения Плана дей- ствий по улучшению положения рома и синти в регионе ОБСЕ, а также в решении проблем, связанных с устойчивой и успешной интеграцией рома и синти;
7. Призывает государства-участники комплексно решить вопрос обеспечения раннего обра- зования для рома и синти с уделением особого внимания обеспечению равного доступа к образованию и интеграции рома и синти в общую систему образования;
8. Поручает БДИПЧ на основании консультаций с государствами-участниками и в тесном взаимодействии с другими соответствующими институтами ОБСЕ в рамках их мандатов разработать и осуществить соответствующие проекты, посвященные проблеме раннего образования рома и синти, такие, как проекты по подготовке учителей и по борьбе с низ- кой посещаемостью школы;
9. Призывает соответствующие институты ОБСЕ активизировать свое сотрудничество и повысить координацию с другими соответствующими международными субъектами, такими, как Совет Европы и Европейский союз, когда это целесообразно, а также с субъ- ектами гражданского общества, занимающимися вопросами, связанными с рома и синти;
10. Предлагает Директору БДИПЧ постоянно информировать государства- участники о работе БДИПЧ по оказанию государствам-участникам помощи в обеспечении устой- чивой интеграции рома и синти во время его регулярных докладов Постоянному совету.
Решение № 9/09:
Борьба с преступлениями на почве ненависти
Совет министров,
вновь подтверждая, что соблюдение прав человека и основных свобод, демократия и вер- ховенство права составляют основу всеобъемлющей концепции безопасности ОБСЕ и что терпимость и недискриминация являются важными элементами продвижения прав чело- века и демократических ценностей,
вновь подтверждая, что проявления дискриминации и нетерпимости представляют угрозу для безопасности отдельных лиц и единства общества, и вновь заявляя, что они способны послужить причиной более широкомасштабных конфликтов и насилия,
будучи озабочен преступлениями на почве ненависти на всем пространстве ОБСЕ и призна- вая необходимость сотрудничества для эффективной борьбы с такими преступлениями, а также принимая к сведению доклад «Преступления на почве ненависти в регионе ОБСЕ: про- явления и ответные меры», подготовленный БДИПЧ по поручению государств-участников,
вновь подтверждая обязательства ОБСЕ содействовать терпимости и недискриминации и признавая, что основная ответственность за меры борьбы с проявлениями нетерпимо- сти и дискриминации лежит на государствах-участниках,
признавая, что преступления на почве ненависти являются уголовными преступлениями, совершаемыми на основе предрассудков,
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принимая к сведению Глобальную контртеррористическую стратегию ООН, принятую Генеральной ассамблеей ООН 8 сентября 2006 года, в которой содержится концепция все- объемлющего глобального подхода к борьбе с терроризмом и при этом рассматриваются не только проявления терроризма, но и условия, способствующие его распространению, и признается роль, которую преступления на почве ненависти, дискриминация и нетерпи- мость могут играть в разжигании насильственного экстремизма и радикализации, веду- щих к терроризму,
признавая потребность в более последовательных, всеобъемлющих и сопоставимых дан- ных о преступлениях на почве ненависти, на которые, в частности, обращается внимание в докладе БДИПЧ,
приветствуя проводимую БДИПЧ работу по оказанию помощи государствам- участникам, по их просьбе, в их усилиях по борьбе с преступлениями на почве ненависти,
принимая к сведению Дополнительное совещание по человеческому измерению 2009 года на тему «Преступления на почве ненависти – эффективное выполнение законодательства» и второе ежегодное совещание национальных контактных пунктов по борьбе с преступле- ниями на почве ненависти,
признавая, что глобальный экономический спад может привести к росту числа преступле- ний на почве ненависти на пространстве ОБСЕ,
признавая, что жертвы преступлений на почве ненависти могут быть среди представите- лей как меньшинства, так и большинства,
отмечая деятельность, проводимую тремя личными представителями Действующего пред- седателя в соответствии со своими мандатами в поддержку общих усилий ОБСЕ по борьбе с преступлениями на почве ненависти и насильственными проявлениями нетерпимости,
признавая ту решающую роль, которую политические представители могут сыграть, взяв на себя лидерство в борьбе с нетерпимостью и дискриминацией и содействуя достижению взаимного уважения и понимания,
призывает государства-участники:
1. Собирать, хранить и обнародовать достоверные сведения и достаточно подробные ста- тистические данные о преступлениях на почве ненависти и насильственных проявлениях нетерпимости, включая число случаев, доведенных до сведения правоохранительных орга- нов, число возбужденных дел и вынесенных приговоров. В тех случаях когда законы о кон- фиденциальности личных данных налагают ограничения на сбор сведений о жертвах, государствам следует рассмотреть возможность применения методов сбора данных, кото- рые отвечают требованиям таких законов;
2. Принять в случае необходимости специальный и целенаправленный закон о борьбе с преступлениями на почве ненависти, предусматривающий эффективные меры наказа- ния, которые учитывали бы тяжесть таких преступлений;
3. Принимать надлежащие меры для поощрения жертв к сообщению о преступлениях на почве ненависти, признавая то, что сокрытие сведений о преступлениях на почве ненави- сти мешает государствам в разработке эффективной политики. В этой связи им следует
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рассмотреть возможность в качестве дополнительных шагов прибегать к методам, кото- рые способствуют внесению гражданским обществом вклада в борьбу с преступлениями на почве ненависти;
4. Внедрять или совершенствовать мероприятия по профессиональной подготовке и созда- нию потенциала, ориентированные на должностных лиц правоохранительных, прокурор- ских и судебных структур, занимающихся преступлениями на почве ненависти;
5. В сотрудничестве с соответствующими участниками процесса изучать возможности пре- доставления жертвам преступлений на почве ненависти доступа к консультативной, пра- вовой и консульской помощи, а также эффективного доступа к правосудию;
6. Безотлагательно расследовать преступления на почве ненависти и обеспечивать, чтобы мотивы, которыми руководствовались лица, приговоренные к наказанию за преступления на почве ненависти, получили соответствующую оценку и публичное осуждение со сто- роны соответствующих органов власти и политического руководства;
7. Обеспечивать в надлежащих случаях сотрудничество на национальном и международ- ном уровнях, в том числе с соответствующими международными органами и между поли- цейскими службами, в деле борьбы с организованной насильственной преступностью на почве ненависти;
8. Проводить информационно-просветительские кампании, в частности, при участии пра- воохранительных органов, ориентированные на общественность и группы г ражданского общества, которые оказывают помощь жертвам преступлений на почве ненависти;
9. Назначить, если они еще не сделали этого, национальный контактный пункт по борьбе с преступлениями на почве ненависти, с тем чтобы он периодически доводил до сведения БДИПЧ достоверную информацию и статистические данные о преступлениях на почве ненависти;
10. Рассмотреть возможность использования наработок БДИПЧ в сфере образования, про- фессиональной подготовки и повышения осведомленности общественности, с тем чтобы обеспечить применение всеохватывающего подхода к борьбе с преступлениями на почве ненависти;
11. Призывает государства-участники изыскивать возможности для сотрудничества и поиска на его основе решения проблемы все более широкого использования Интернета для про- пагандирования мнений, представляющих собой подстрекательство к насилию, мотиви- рованному предрассудками, в том числе в форме преступлений на почве ненависти, и тем самым ограничить вред, наносимый распространением таких материалов, обеспечивая при этом, чтобы любые надлежащие меры принимались в соответствии с обязательствами ОБСЕ, в частности, в отношении свободы выражения мнений;
12. Поручает БДИПЧ на основе консультаций с государствами-участниками и в сотрудни- честве с соответствующими международными организациями и партнерами из граждан- ского общества изучить потенциальную связь между пользованием Интернетом и насилием, мотивированным предрассудками, и наносимый в результате этого вред, а также возмож- ные практические меры, которые должны быть приняты для противодействия этому;
393 Афины, 2009 г
13. Предлагает Директору БДИПЧ держать государства-участники в курсе о деятельности БДИПЧ по оказанию государствам-участникам помощи в борьбе с преступлениями на почве ненависти в рамках его или ее регулярной отчетности перед Постоянным советом.
Решение № 11/09:
Надежность документов на въезд и выезд – директория открытых ключей ИКАО
Совет министров,
напоминая об обязательствах ОБСЕ по противодействию терроризму, в частности по повы- шению надежности документов на въезд и выезд, что предусмотрено Бухарестским планом действий по борьбе с терроризмом (MC(9).DEC/1), Решением маастрихтской Встречи Совета министров о надежности документов на въезд и выезд (MC.DEC/7/03), а также двумя реше- ниями встреч Совета министров в Софии (MC.DEC/4/04/Corr.1) и Брюсселе (MC.DEC/6/06/ Corr.1), в которых рекомендуется более широко использовать базу данных об украденных или утерянных документах на въезд и выезд Интерпола, и отмечая значительный вклад ОБСЕ в области обеспечения надежности документов на въезд и выезд,
вновь подтверждая свое обязательство принимать эффективные и решительные меры про- тив терроризма и предотвращать передвижение террористов или террористических групп с помощью эффективных мер пограничного контроля и контроля за выдачей документов, удостоверяющих личность, и документов на въезд и выезд, облегчая одновременно свобод- ное и безопасное передвижение граждан в соответствии с применимыми нормами права,
отмечая важность трансграничного обмена информацией в целях международного сотруд- ничества в противодействии международному терроризму, организованной преступности и незаконному обороту во всех его формах, а также дополнительный эффект от содействия ОБСЕ в предоставлении помощи и от обеспечения ею организационной основы для сотруд- ничества по этим вопросам,
принимая во внимание широкомасштабное использование государствами – участниками ОБСЕ электронных машиносчитываемых документов на въезд и выезд (ЭМСД),
признавая необходимость обеспечить соответствующим национальным органам воз- можность осуществлять практическое подтверждение подлинности электронных средств защиты и биометрических данных, хранящихся в ЭМСД, в качестве непременного условия проверки личности владельца ЭМСД с использованием указанных выше средств и данных,
принимая во внимание работу ИКАО по развитию директории открытых ключей (ДОК) ИКАО с целью содействия созданию глобальной функционально совместимой системы подтверждения подлинности ЭМСД, чтобы значительно усилить меры по обеспечению безопасности границ и, тем самым, способствовать противодействию терроризму и пре- дотвращению незаконной трансграничной деятельности,
принимая во внимание заявление, принятое на состоявшейся 29–30 мая 2009 года встрече министров юстиции и внутренних дел государств «Группы восьми», в котором выражена полная поддержка участия договаривающихся государств ИКАО в ДОК ИКАО и содер- жится просьба ко всем государствам проверять подлинность информации в чипах элек- тронных паспортов и использовать ДОК ИКАО,
394 Афины, 2009 г
отмечая, что, согласно рекомендуемой практике ИКАО, государства, выдающие или наме- ревающиеся выдавать электронные паспорта и/или осуществляющие автоматизирован- ную проверку электронных паспортов в пунктах пограничного контроля, должны быть участниками ДОК,
предлагает государствам-участникам рассмотреть вопрос о присоединении к ДОК ИКАО, при условии наличия административных и финансовых ресурсов, и, тем самым, способ- ствовать предоставлению органам пограничного контроля и другим соответствующим национальным органам возможности осуществлять подтверждение подлинности цифро- вых подписей на ЭМСД;
призывает государства-участники, обладающие возможностями делать это, оказывать дру- гим государствам-участникам, обращающимся с соответствующей просьбой, финансовую и техническую помощь в осуществлении этой меры;
поручает Генеральному секретарю, в пределах имеющихся ресурсов, организовать в 2010 году в Вене в координации с Действующим председательством и во взаимодействии с ИКАО семинар экспертов ОБСЕ, призванный повысить осведомленность государств-участников о ДОК ИКАО и способствовать их участию в ней и ее использованию ими;
призывает партнеров по сотрудничеству добровольно выполнять настоящее Решение и дру- гие принятые в рамках ОБСЕ обязательства, касающиеся надежности документов на въезд и выезд.
395 Астанинская юбилейная декларация Астана, 2010 г.
На пути к сообществу безопасности
1. Мы, главы государств и правительств 56 государств – участников ОБСЕ, собрались в Астане спустя 11 лет после предыдущей Встречи ОБСЕ на высшем уровне в Стамбуле, чтобы вновь заявить о своей приверженности идее свободного, демократического, общего и неделимого евроатлантического и евразийского сообщества безопасности на простран- стве от Ванкувера до Владивостока, основанного на согласованных принципах, совместных обязательствах и общих целях. Отмечая 35-ю годовщину хельсинкского Заключительного акта и 20-ю годовщину Парижской хартии для новой Европы, мы вновь подтверждаем акту- альность принципов, на которых основана эта Организация, и нашу приверженность им. Мы достигли значительного прогресса, но при этом также признаем, что необходимо сде- лать больше для обеспечения полного уважения и выполнения этих базовых принципов и обязательств, взятых нами на себя в области военно-политического, экономико- экологи- ческого и человеческого измерений, особенно в области прав человека и основных свобод.
2. Мы подтверждаем свою полную приверженность Уставу Организации Объединенных Наций и всем принятым в рамках ОБСЕ нормам, принципам и обязательствам, начиная с хельсинского Заключительного акта, Парижской хартии, Хартии европейской безопасно- сти, и всем другим согласованным нами документам ОБСЕ, а также свою ответственность за их добросовестное и полное выполнение. Мы вновь заявляем о своей приверженности концепции всеобъемлющей, основанной на сотрудничестве, равной и неделимой безопас- ности, начало которой положил Заключительный акт и которая сочетает поддержание мира с уважением прав человека и основных свобод и увязывает экономическое и экологическое сотрудничество с мирными межгосударственными отношениями.
3. (…). Мы вновь подтверждаем присущее каждому государству-участнику право свободно выбирать или менять способы обеспечения своей безопасности, включая союзные дого- воры, по мере их эволюции. Каждое государство также имеет право на нейтралитет. Каждое государство-участник будет уважать права всех других в этом отношении. Они не будут укреплять свою безопасность за счет безопасности других государств. В рамках ОБСЕ ни одно государство, группа государств или организация не может быть наделена преимуще- ственной ответственностью за поддержание мира и стабильности в регионе ОБСЕ или рас- сматривать какую-либо часть региона ОБСЕ в качестве сферы своего влияния. Мы будем сохранять только такой военный потенциал, который соизмерим с нашими законными индивидуальными или коллективными потребностями в области безопасности, с учетом обязательств по международному праву, а также законных интересов безопасности других государств. Мы далее вновь подтверждаем, что все без исключения принципы и обязатель- ства, принятые в рамках ОБСЕ, в равной мере распространяются на каждое государство- участник, и подчеркиваем свою подотчетность нашим гражданам и ответственность друг перед другом в том, что касается их выполнения в полном объеме. Мы рассматриваем эти обязательства как наше общее достижение и поэтому считаем, что они представляют непо- средственный и законный интерес для всех государств- участников.
396 Астана, 2010 г
4. Эти нормы, принципы и обязательства позволили нам добиться прогресса в преодоле- нии былой конфронтации и еще более продвинуться на пути к демократии, миру и един- ству во всем регионе ОБСЕ. Они должны и далее служить нам ориентиром в XXI веке в нашей совместной работе по реализации намеченных в Хельсинки и Париже высоких целей в интересах всех наших народов. Эти и все другие документы ОБСЕ устанавливают для государств-участников четкие нормы обращения друг с другом и со всеми людьми, находящимися на их территории. Будучи преисполнены решимости продолжать и далее наращивать этот прочный фундамент, мы вновь подтверждаем свое обязательство укре- плять безопасность, доверие и добрососедские отношения между нашими государствами и народами. В этой связи мы убеждены, что роль ОБСЕ по-прежнему исключительно важна и ее следует и далее усиливать. Мы будем продолжать работать над повышением эффек- тивности и действенности ОБСЕ.
5. Мы признаем, что ОБСЕ как наиболее широкая по составу и всеобъемлющая региональ- ная организация по безопасности в евроатлантическом и евразийском регионе продол- жает служить уникальным форумом, действующим на основе консенсуса и суверенного равенства государств, для развития открытого диалога, предотвращения и урегулирова- ния конфликтов, повышения взаимопонимания и укрепления сотрудничества. Мы под- черкиваем важность работы, проводимой Секретариатом ОБСЕ, Верховным комиссаром по делам национальных меньшинств, Бюро по демократическим институтам и правам чело- века и Представителем по вопросам свободы СМИ, а также структурами ОБСЕ на местах – в соответствии с их мандатами – в деле оказания государствам-участникам содействия в выполнении обязательств, принятых в рамках ОБСЕ. Мы исполнены решимости акти- визировать сотрудничество с Парламентской ассамблеей ОБСЕ и поощряем ее усилия по укреплению безопасности и демократии и повышению благосостояния во всем регионе ОБСЕ и в государствах-участниках, а также по повышению взаимного доверия между госу- дарствами-участниками. (…).
6. Всеобъемлющий и основанный на сотрудничестве подход ОБСЕ к вопросам безопасно- сти, в рамках которого человеческое, экономико-экологическое и военно- незаменимым. Будучи убеждены в том, что достоинство, присущее человеческой личности, является одним из центральных элементов всеобъемлющей безопасности, мы вновь заявляем, что права человека и основные свободы неотъемлемы и что их защита и поощрение являются нашей первейшей обязанностью. Мы категорически и окончательно подтверждаем, что обязательства, принятые в области человеческого измерения, являются вопросами, пред- ставляющими непосредственный и законный интерес для всех государств-участников и не относятся исключительно к внутренним делам соответствующего государства. Мы ценим важную роль, которую играют гражданское общество и свободные СМИ, помогая нам в полном объеме обеспечить уважение прав человека, основных свобод, демократии, включая свободные и честные выборы, и верховенства права.
7. На нашем пути остаются серьезные угрозы и вызовы. Нужно преодолеть недоверие и различия в представлениях о безопасности. Наши обязательства в области военно-по- литического, экономико-экологического и человеческого измерений должны выполняться в полном объеме. Необходимо гарантировать и повысить уважение прав человека, основ- ных свобод, демократии и верховенства права. Следует наращивать усилия по утвержде- нию свободы религии и убеждений и по борьбе с нетерпимостью и дискриминацией. (…) (…)
9. В то же время в сегодняшнем сложном и взаимозависимом мире мы должны добиться большего единства целей и действий в противостоянии появляющимся транснациональным
397 Астана, 2010 г
угрозам, таким как терроризм, организованная преступность, нелегальная миграция, рас- пространение оружия массового поражения, киберугрозы, а также незаконный оборот лег- кого и стрелкового оружия, наркотиков и торговля пределами.
10. Мы признаем, что безопасность региона ОБСЕ неразрывно связана с безопасностью сосед- них регионов, особенно в Средиземноморье и Азии. Поэтому нам следует повысить уровень взаимодействия с нашими партнерами по сотрудничеству. В частности, мы подчеркиваем необходимость внесения эффективного вклада – с учетом возможностей и национальных интересов каждого государства-участника – в коллективные усилия международного сооб- щества по содействию строительству стабильного, независимого, процветающего и демо- кратического Афганистана.
11. Мы приветствуем инициативы, направленные на укрепление европейской безопасно- сти. Наш диалог по проблемам безопасности, активизации которого способствовал кор- фуский процесс, помог нам заострить внимание на этих и других вызовах, с которыми мы сталкиваемся во всех трех измерениях. Пришло время действовать, и мы должны опреде- лить конкретные и реальные цели в противодействии этим вызовам. Мы преисполнены решимости работать совместно, чтобы в полной мере воплотить в жизнь идею сообщества всеобъемлющей, основанной на сотрудничестве и неделимой безопасности на всем про- странстве общего для нас региона ОБСЕ. Это сообщество безопасности должно быть наце- лено на поиск ответов на вызовы XXI века и должно основываться на полном соблюдении нами общих норм, принципов и обязательств в рамках ОБСЕ во всех трех измерениях. Оно должно объединять все государства-участники во всем евроатлантическом и евразийском регионе, свободном от разделительных линий, конфликтов, сфер влияния и зон с разными уровнями безопасности. Мы будем работать над тем, чтобы сотрудничество между нашими государствами и между соответствующими организациями и институтами, членами кото- рых они являются, строилось на принципах равенства, партнерского взаимодействия, широкого представительства и транспарентности. Черпая силы в нашем многообразии, мы твердо намерены достичь этой основополагающей цели благодаря неослабной решимости и совместным усилиям, действуя в рамках ОБСЕ и в других форматах. (…)
398 Документ восемнадцатой встречи Совета министров Вильнюс, 2011 г.
I. Заявления и декларации Совета министров
Декларация министров о борьбе со всеми формами торговли людьми
I.
1. Мы, члены Совета министров ОБСЕ, заявляем о своей твердой и непоколебимой реши- мости бороться с торговлей людьми во всех ее формах.
2. Мы заявляем, что торговля людьми является серьезнейшим и отвратительным престу- плением, ущемляющим человеческое достоинство, подрывающим права человека и основ- ные свободы и обеспечивающим подпитку криминальных сетевых структур.
3. Мы по-прежнему целиком и полностью привержены положениям Всеобщей декларации прав человека: «Никто не должен содержаться в рабстве или в подневольном состоянии; рабство и работорговля запрещаются во всех их видах».
4. Мы подтверждаем поддержку государствами-участниками ратификации и выполнения в полном объеме Конвенции ООН против транснациональной организованной преступ- ности и дополняющего ее Протокола о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее как документов, являющихся меж- дународно-правовой базой для противодействия торговле людьми. Кроме того, мы под- черкиваем важность принятого Глобального плана действий ООН (GA 64/293) по борьбе с торговлей людьми, способствующего укреплению сотрудничества и координации между всеми заинтересованными сторонами и содействующего принятию на национальном, реги- ональном и международном уровнях всеобъемлющих, скоординированных и последова- тельных мер по борьбе с торговлей людьми, и приветствуем усилия ОБСЕ, направленные на его реализацию.
5. Мы признаем прогресс, достигнутый на сегодняшний день государствами – участни- ками ОБСЕ индивидуально и коллективно в противодействии этому ужасному преступле- нию. Мы напоминаем о своей полной приверженности обязательству ОБСЕ вести борьбу с торговлей людьми и о нашей твердой решимости выполнять это обязательство на основе межизмеренческого подхода, изложенного в различных документах ОБСЕ (…).
6. Мы выражаем глубокую озабоченность тем, что несмотря на постоянно принимаемые на глобальном, региональном и национальном уровнях меры торговля людьми остается серьезной проблемой, число выявленных жертв этой торговли, которым была оказана помощь, остается сравнительно низким, и лишь немногие торговцы людьми были при- влечены к судебной ответственности. Мы глубоко озабочены тем, что торговля людьми
399 Вильнюс, 2011 г
в целях изъятия органов, в целях сексуальной эксплуатации, а также в целях трудовой эксплуатации, включая подневольный труд в домашнем хозяйстве, по-прежнему является серьезной проблемой.
7. Мы с признательностью отмечаем важную роль, которую играет Специальный предста- витель и координатор по борьбе с торговлей людьми в оказании государствам-участникам по их просьбе содействия в выполнении принятых в рамках ОБСЕ обязательств по пресече- нию этой торговли. Мы ценим тесное сотрудничество Специального представителя – в его координирующей роли – с исполнительными структурами ОБСЕ при полном уважении их мандатов, в том числе с БКЭЭД, Отделом по гендерным вопросам, БДИПЧ, включая Отдел по программе борьбы с торговлей людьми и Пункт для контактов по вопросам, касаю- щимся рома и синти, со специальным представителем Действующего председателя по ген- дерным вопросам, а также, когда это необходимо, со структурами ОБСЕ на местах. В духе Астанинской юбилейной декларации мы высоко ценим сотрудничество с парламентари- ями государств-участников в области борьбы с торговлей людьми. В частности, мы считаем похвальными предпринятые ОБСЕ в последнее время усилия по привлечению внимания к торговле людьми в целях трудовой эксплуатации, включая подневольный труд в домаш- нем хозяйстве, а также к торговле детьми и торговле людьми в целях изъятия органов.
8. Мы поощряем и поддерживаем междисциплинарное сотрудничество, межсекторальную подготовку кадров и многосторонние формы партнерства. Мы приветствуем инициативы, предпринятые спецпредставителем ОБСЕ под эгидой Альянса против торговли людьми (…).
II.
9. Мы признаем необходимость усиления мер борьбы с торговлей людьми в плоскости уго- ловного правосудия, включая судебное преследование торговцев людьми и их сообщни- ков, при обеспечении такого обращения с беженцами, при котором соблюдаются их права человека, и обеспечении им доступа к правосудию, юридической помощи, а также к эффек- тивным средствам защиты и другим услугам, где это применимо. Мы будем стремиться использовать различные методы проведения расследований, такие, как финансовые рассле- дования, совершенствовать обмен информацией, касающейся организованных преступных групп, и способствовать трансграничному взаимодействию правоохранительных и судеб- ных органов в целях эффективного выявления как торговцев людьми, так и потенциаль- ных жертв этой торговли.
10. Мы признаем необходимость принятия, где это целесообразно, адекватных мер для обе- спечения того, чтобы выявленные жертвы торговли людьми не подвергались наказанию за участие в незаконной деятельности постольку, поскольку они были вынуждены это делать. Мы настоятельно призываем государства-участники принимать комплексные и соответ- ствующие обстоятельствам меры по оказанию помощи жертвам торговли людьми.
11. Мы с новой энергией будем предпринимать усилия с целью выявления жертв торговли людьми и оказания им помощи, уделяя внимание особо уязвимым категориям населения. Где это целесообразно, мы будем стимулировать информационно- разъяснительные кампа- нии, адресованные лицам, рискующим стать объектом торговли, и направленные на устране- ние социально-экономических, культурных, политических и иных факторов, повышающих опасность того, что эти люди станут объектом торговли. Мы будем наращивать и поддер- живать профилактическую работу, фокусируя внимание на спросе, стимулирующем все формы торговли людьми, и на товарах и услугах, являющихся продуктом торговли людьми.
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12. Мы признаем важную роль организаций гражданского общества в оказании помощи жертвам торговли людьми и расширении их возможностей.
13. Мы признаем необходимость усиления механизмов защиты детей в целях эффективного предупреждения и выявления всех форм торговли ими и принятия мер противодействия ей, имея в виду предоставление – исходя из максимальной заботы об интересах ребенка – соответствующей помощи и защиты детям – жертвам торговли людьми и тем, кто рискует стать объектом торговли, в том числе путем осуществления соответствующих услуг и мер обеспечения физического и психического здоровья, а также их образования, реабилита- ции и социальной реинтеграции.
14. Мы признаем, что обязательным условием эффективного предупреждения торговли людьми в целях трудовой эксплуатации является уважение трудовых прав. Мы рекомен- дуем разрабатывать и применять меры по совершенствованию организации труда и содей- ствию эффективной принудительной реализации международно-признанных трудовых прав с помощью таких методов, как проверки условий труда, мониторинг деятельности частных агентств по трудоустройству и разработка других программ, призванных помочь работникам в осуществлении их трудовых прав.
15. Мы призываем государства-участники работать с бизнес-сообществом в целях приме- нения принципов надлежащей комплексной проверки и транспарентности при осущест- влении оценки рисков эксплуатации и их устранении во всех звеньях сетей поставки и при обеспечении трудящимся доступа к механизмам правовой защиты и пресечения практики нарушения их прав. Мы призываем к распространению и выполнению недавно принятых Руководящих принципов ООН по вопросу о бизнесе и правах человека. Аналогичным образом, мы призываем правительства рассмотреть возможность внедрения подобных стандартов, в том числе политики «абсолютной нетерпимости», в практику государствен- ных закупок товаров и услуг.
III.
16. Мы подчеркиваем, что ОБСЕ служит весьма ценной площадкой для диалога и расшире- ния сотрудничества между государствами-участниками, нацеленного на комплексное про- тиводействие торговле людьми во всех ее формах. С учетом этого мы подтверждаем свою решимость выполнять принятые в рамках ОБСЕ обязательства, включая План действий по борьбе с торговлей людьми, в полной мере использовать соответствующие структуры ОБСЕ и укреплять партнерство ОБСЕ с другими международными и региональными орга- низациями, а также с гражданским обществом.
II Решения Совета министров
Решение № 5/11
Партнеры по сотрудничеству
Совет министров,
ссылаясь на хельсинкский Заключительный акт 1975 года, в котором признается тесная связь между миром и безопасностью в Европе и в мире,
401 Вильнюс, 2011 г
ссылаясь на Стратегию ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке, принятую в 2003 году на 11-й встрече Совета министров в Маастрихте, в кото- рой говорится, что ОБСЕ будет активизировать сотрудничество со своими средиземно- морскими и азиатскими партнерами по сотрудничеству, своевременно выявляя области взаимных интересов и озабоченностей и возможности для дальнейших скоординирован- ных действий,
будучи абсолютно убежден, что безопасность региона ОБСЕ неразрывно связана с безо- пасностью в регионах партнеров по сотрудничеству, и вновь подтверждая обязательство активизировать свой диалог и сотрудничество со средиземноморскими и азиатскими пар- тнерами по сотрудничеству и укреплять свой потенциал, чтобы отвечать на определенные партнерами потребности и приоритеты на основе норм, принципов и обязательств, при- нятых в ОБСЕ,
признавая демократические переходные процессы, политические, экономические и соци- альные изменения, произошедших в некоторых странах – средиземноморских партнерах в 2011 году,
одобряя процессы добровольных реформ, осуществляемых некоторыми странами – сре- диземноморскими партнерами,
признавая, что каждая страна является отличной от других и имеет право развивать свою собственную политическую модель в соответствии со всеобщими ценностями прав чело- века и достоинства человеческой личности,
признавая, что опыт ОБСЕ в различных областях может представлять интерес и быть потен- циально полезным для партнеров, и при этом полностью принимая во внимание их главную ответственность за свой национальный политический выбор, а также их особое полити- ческое, социальное, культурное и религиозное наследие, и в соответствии с их потребно- стями, целями и национальными приоритетами,
вновь подтверждая готовность ОБСЕ через ее исполнительные структуры в рамках их соответствующих мандатов в установленном порядке и при наличии запроса оказывать, по мере необходимости, партнерам по сотрудничеству помощь в добровольном соблюде- нии ими принятых в ОБСЕ норм, принципов и обязательств,
признавая важную роль, которую гражданское общество играет в странах – партнерах по сотрудничеству в продвижении демократии, верховенства права и полного уважения прав человека и основных свобод,
приветствуя достигнутый в последние годы прогресс в рамках диалога и сотрудничества с нашими средиземноморскими и азиатскими партнерами по сотрудничеству, в том числе их растущее участие в совещаниях и мероприятиях ОБСЕ, включая осуществление кон- кретных совместных проектов,
ссылаясь на Решение № 571 Постоянного совета о дальнейшем диалоге и сотрудничестве с партнерами по сотрудничеству и изучении возможностей более широкого ознакомле- ния других с нормами, принципами и обязательствами, принятыми в ОБСЕ, и Решение № 17/04 Совета министров об ОБСЕ и ее партнерах по сотрудничеству, а также на Мадрид- скую декларацию министров о партнерах ОБСЕ по сотрудничеству,
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ссылаясь на Астанинскую юбилейную декларацию 2010 года, в которой подчеркивается важность повышения уровня взаимодействия с партнерами по сотрудничеству,
вновь заявляя о поддержке сотрудничества Парламентской ассамблеи ОБСЕ с партнерами, в том числе путем проведения ее ежегодного парламентского форума по Средиземномо- рью, и принимая во внимание работу, проделанную в этом отношении Парламентской ассамблеей ОБСЕ,
1. Постановляет и далее углублять партнерство по сотрудничеству путем расширения диа- лога, активизации политических консультаций, укрепления практического сотрудниче- ства и продолжения обмена примерами передовой практики и опытом, приобретенным в процессе повышения всеобъемлющей, основанной на сотрудничестве и неделимой без- опасности в рамках трех измерений ОБСЕ согласно потребностям и приоритетам, опре- деленным партнерами;
2. Призывает исполнительные структуры ОБСЕ в соответствии с их мандатами и в установ- ленном порядке участвовать в ориентированном на принятие конкретных мер сотрудни- честве со странами-партнерами в рамках всех трех измерений с учетом также ежегодных конференций партнеров, предоставляя, когда это необходимо, по запросу партнеров экс- пертные рекомендации и информацию о передовой практике и опыте, исходя из соот- ветствующих решений ОБСЕ, и предлагает партнерам повысить уровень своего участия в деятельности ОБСЕ;
3. Постановляет в контексте партнерства, по мере необходимости, активизировать усилия по ознакомлению с принятыми в ОБСЕ нормами, принципами и обязательствами путем контактов и при координации с другими соответствующими региональными и междуна- родными организациями, в частности с Организацией Объединенных Наций, а именно путем обмена примерами передовой практики и опытом, а также путем осуществления совместных проектов и мероприятий в рамках всех трех измерений;
4. Призывает Председательство ОБСЕ и группы для контактов совместно с Генеральным секретарем укреплять и продолжать совершенствовать регулярный диалог с партнерами по сотрудничеству на высоком уровне с целью повышения взаимопонимания и обеспече- ния партнерам по сотрудничеству политической поддержки и помощи высокого уровня с учетом их потребностей и приоритетов;
5. Рекомендует исполнительным структурам ОБСЕ в рамках их мандатов содействовать обеспечению более широкого участия должностных лиц и представителей гражданского общества партнеров по сотрудничеству в соответствующих мероприятиях ОБСЕ, в том числе, в случае необходимости, путем использования Фонда партнерства;
6. Поручает Генеральному секретарю на основании консультаций с Председательством ОБСЕ изучить возможные варианты сотрудничества с партнерами, ориентированного на при- нятие конкретных мер и основанного на достижении конкретных результатов, при коор- динации действий с Организацией Объединенных Наций и другими соответствующими региональными и международными организациями и институтами и представить, при необ- ходимости, предложения относительно дальнейших шагов со стороны Постоянного совета;
7. Просит Постоянный совет продолжать заниматься этим вопросом и рассмотреть возмож- ности будущего взаимодействия с партнерами по сотрудничеству по их запросу;
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8. Призывает государства-участники и партнеров по сотрудничеству обмениваться своим опытом и содействовать деятельности ОБСЕ во всех трех измерениях, в том числе, при необходимости, путем внесения взносов в Фонд партнерства с целью обеспечения даль- нейшего взаимодействия с партнерами по сотрудничеству;
9. Вновь подтверждает свою открытость для рассмотрения будущих возможных заявле- ний о партнерстве со стороны заинтересованных стран в соответствии с Решением № 430 Постоянного совета от 19 июля 2001 года.
Решение № 10/11 Совета министров
Обеспечение равенства возможностей женщин в экономической сфере
Совет министров,
вновь подтверждая обязательство государств-участников выполнять в полном объеме Реше- ние № 14/04 о Плане действий ОБСЕ по поддержке гендерного равенства, которое было при- нято на 12-й встрече Совета министров в Софии в 2004 году,
(…)
вновь подтверждая обязательства (…) в отношении обеспечения равенства прав мужчин и женщин на равные возможности и участие в экономической сфере деятельности,
признавая, что участие женщин в экономической сфере деятельности вносит значитель- ный вклад в оживление экономики, устойчивый рост и создание сплоченного общества и поэтому имеет важнейшее значение для безопасности и стабильности в регионе ОБСЕ,
с озабоченностью отмечая сохраняющееся неравенство, с которым женщины в регионе ОБСЕ сталкиваются на рынке труда, включая сегрегацию в трудовой сфере; неравенство в доступе к социальной защите, а также к качественной и полной занятости; и медленный прогресс в усилиях по преодолению неравенства в оплате за равный труд, что ведет на про- тяжении всей жизни к более низким заработкам и пенсиям и росту нищеты среди женщин,
будучи озабочен сохраняющейся недопредставленностью женщин среди экономических лидеров и руководителей, принимающих решения, в государственном и частном секторах,
будучи озабочен также сохранением ограничений на эффективное участие женщин в эко- номической сфере деятельности, в частности, в отношении доступа к таким финансо- во-экономическим ресурсам, как кредиты, имущественные права и права наследования, и контроля над ними,
признавая необходимость более совершенного и систематического сбора дезагрегирован- ных по признаку пола данных и проведения исследований о равных возможностях в эко- номической сфере в качестве базы для планирования политики и деятельности,
ссылаясь на потребность в экономической и социальной политике, нацеленной на ликви- дацию коренных причин незаконной торговли людьми, в особенности на искоренение дис- криминации в отношении женщин в сфере труда, и на устранение экономических факторов, повышающих уязвимость женщин для незаконной торговли людьми,
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признавая необходимость постоянного мониторинга хода выполнения существующих обя- зательств по искоренению дискриминации в отношении женщин и обеспечения равенства возможностей женщин в экономической сфере с целью выявления примеров передовой практики и обмена ими, а также выработки эффективных подходов, в том числе в рамках Организации и ее исполнительных структур, (…)
признавая, что женщины могут сталкиваться с дополнительными барьерами, помимо тех, которые основаны на гендерном факторе, в своем участии в экономической сфере дея- тельности,
призывает государства-участники:
1. Собирать и анализировать данные для выявления и устранения препятствий, которые мешают женщинам реализовать свой потенциал в экономической сфере и там, где это необ- ходимо и не противоречит национальному законодательству, оказывать поддержку непра- вительственным и исследовательским организациям в подготовке адресных исследований, в том числе по передовой практике;
2. Проводить оценку ассигнования бюджетных средств на обеспечение гендерного равен- ства в экономической сфере и принимать конкретные меры, которые способствуют созда- нию равных возможностей для участия женщин в экономической сфере и равного доступа к социальной защите и содействуют достижению качественной и полной занятости и/или самозанятости;
3. Содействовать формированию у женщин предпринимательских и других трудовых навы- ков и включать гендерные аспекты, с уделением особого внимания женщинам, в миграци- онную политику, с тем чтобы, среди прочего, предотвращать торговлю людьми и повторную их продажу;
4. Инициировать или активизировать политику и правовые меры, в том числе, при необ- ходимости, позитивные действия, которые способствовали бы обеспечению равенства воз- можностей женщин на рынке труда и его защите, в том числе посредством расширения сферы услуг по уходу за детьми и новорожденными;
5. Выявлять конкретные виды деятельности, которые направлены на обеспечение равенства возможностей женщин в экономической сфере и, при необходимости, создавать эффектив- ные национальные механизмы мониторинга прогресса в этой области, такие, как в отно- шении сокращения неравенства в оплате труда;
6. Поощрять равное участие супругов в работе по дому и выполнении родительских и воспи- тательных функций путем расширения практики отпуска по причине отцовства; содействие недискриминационной политике и практике в сфере труда и равного доступа к образованию и профессиональной подготовке; принятие мер, направленных на содействие сочетанию трудовой деятельности с выполнением семейных обязанностей; и стремление обеспечить, чтобы любая политика и программы структурной корректировки не оказывали отрица- тельного, дискриминирующего влияния на женщин;
7. Поддерживать создание необходимых условий для успешной выработки и реализа- ции политики путем проведения адресных мероприятий по информированию и повыше- нию осведомленности о преимуществах предпринимаемых мер по обеспечению равных
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возможностей для участия женщин в экономической сфере деятельности и борьбе с соци- альной изоляцией и дискриминацией женщин;
8. Принимать меры и налаживать диалог с частным сектором с целью обеспечения равенства возможностей для профессионального роста женщин и сокращения разрыва в оплате труда;
9. Разрабатывать и наращивать, по мере возможности, меры, направленные на повыше- ние диверсификации в секторах занятости, в которых традиционно доминируют муж- чины или женщины;
10. Рекомендовать партнерам по сотрудничеству на добровольной основе выполнять поло- жения этого Решения.
406 Документ девятнадцатой встречи Совета министров Дублин, 2012 г.
Заявления и декларации Совета министров
Декларация министров о совершенствовании надлежащего управления и борьбе с коррупцией, отмыванием денег и финансированием терроризма
Мы, члены Совета министров Организации по безопасности и сотрудничеству в Европе, решительно высказываемся за содействие надлежащему управлению и повышению транспа- рентности в регионе ОБСЕ.
Мы отмечаем, что в Уставе Организации Объединенных Наций, хельсинкском Заключитель- ном акте и последующих знаковых документах ОБСЕ зафиксированы общие обязательства, принципы и инструменты, которыми государствам-участникам надлежит руководство- ваться в их усилиях по продвижению надлежащего управления и транспарентности.
Мы вновь заявляем, что надлежащее управление на всех уровнях является фундаменталь- ной предпосылкой экономического роста, политической стабильности и безопасности. Надлежащее государственное и корпоративное управление, верховенство права и сильные институты являются важнейшими опорными элементами стабильной экономики, с помо- щью которой наши государства способны сократить масштабы бедности и неравенства, повысить социальную интеграцию, расширить благоприятные возможности для всех, при- влекать инвестиции и обеспечивать охрану окружающей среды.
Мы вновь подтверждаем, что мир, добрые межгосударственные отношения, безопасность и стабильность государства, а также безопасность граждан внутри государства, обеспе- чиваемая верховенством права и уважением прав человека, имеют ключевое значение для установления климата доверия, являющегося необходимым условием позитивного соци- ально-экономического развития.
Транспарентность в государственных делах является одним из существенно важных усло- вий подотчетности государств и активного участия гражданского общества и частного сектора в экономических процессах и процессах развития. Транспарентность повышает предсказуемость и доверие к институтам и экономическим механизмам, которые функци- онируют на основе адекватного законодательства и полного уважения верховенства права.
Мы согласны, что проблемы в сфере управления, включая коррупцию и отмывание денег, лишают государства-участники способности эффективно обеспечивать устойчивое эконо- мическое, социальное и экологическое развитие и подрывают социальную сплоченность, стабильность и безопасность. Слабость управления относится к числу факторов, благопри- ятствующих распространению терроризма. Поэтому мы вновь подтверждаем нашу полную приверженность делу противодействия коррупции и отмыванию денег, финансированию
407 Дублин, 2012 г
терроризма и связанным с ними преступлениям, выдвигая это в качестве приоритетной политической задачи, решение которой подкреплено надлежащими правовыми инстру- ментами, адекватными финансовыми, кадровыми и организационными ресурсами и, при необходимости, надлежащим инструментарием, позволяющим найти практическое эффек- тивное решение.
Мы отмечаем прогресс, достигнутый к настоящему моменту государствами – участни- ками ОБСЕ по отдельности и совместно, в противодействии этим угрозам и вызовам ста- бильности и безопасности. Мы твердо считаем, что политические обязательства в рамках ОБСЕ, касающиеся надлежащего управления и транспарентности, охватывают все три измерения, и вновь подтверждаем нашу полную приверженность задаче выполнения этих обязательств на основе всеобъемлющего подхода, изложенного в настоящем и других соот- ветствующих документах ОБСЕ.
Мы вновь подтверждаем нашу договоренность вести работу на национальном уровне, при поддержке соответствующих международных институтов, по совершенствованию надле- жащего управления во всех его аспектах и разрабатывать методы сотрудничества для ока- зания друг другу помощи в достижении этой цели.
I. Надлежащее управление и транспарентность
Мы рассматриваем наличие государственного сектора, основанного на принципах добросо- вестности, открытости, транспарентности, подотчетности и верховенства права, в качестве важного фактора устойчивого экономического роста и признаем, что такой государствен- ный сектор служит важным элементом укрепления доверия граждан к государственным институтам и органам власти. Соответственно, мы подчеркиваем необходимость проводить просветительские и учебные мероприятия для государственных чиновников по вопросам профессиональной этики, разрабатывать и внедрять в практику соответствующие кодексы поведения и законодательные положения, касающиеся конфликта интересов, а также разра- батывать и внедрять всеобъемлющие системы декларирования соответствующими чинов- никами своих доходов и активов. В частности, мы отмечаем, что и разработка, и соблюдение кодексов поведения, предназначенных для государственных учреждений, имеют ключевое значение для укрепления надлежащего управления, профессиональной этики в государ- ственном секторе и верховенства права, а также для установления строгих этических норм поведения государственных должностных лиц.
Мы приветствуем поддержку, уже оказанную ОБСЕ и ее полевыми операциями на этом направлении, и призываем их и впредь оказывать государствам-участникам по их просьбе ценное содействие, в частности, в налаживании обмена между собой приобретенным наци- ональным опытом и примерами надлежащей практики, используя предоставляемую ОБСЕ платформу для диалога.
Мы отмечаем, что надлежащее управление подразумевает такую совокупность экономи- ческой политики, законодательства и институтов, которая способствует развитию биз- неса и инвестиционной деятельности. Поэтому мы вновь подтверждаем нашу решимость сформировать ясную правовую базу, благоприятную для развития бизнеса, включая малые и средние предприятия, которая является ключевой предпосылкой экономического роста и развития инвестиционной деятельности.
Мы отмечаем, что успехов в утверждении надлежащего управления и борьбе с коррупцией не добиться без полновесного и равноправного участия женщин и мужчин в политических
408 Дублин, 2012 г
и экономических процессах и деятельности институтов, как отмечено в ряде документов ОБСЕ. Мы подчеркиваем необходимость расширить права и возможности женщин, с тем чтобы они могли активно участвовать и вносить свой вклад в осуществление политики и мероприятий, касающихся надлежащего управления, с пользой в равной мере и для муж- чин, и для женщин.
Мы отмечаем важность принятия и реализации законов и других мер, направленных про- тив взяточничества, которые предусматривали бы, например, криминализацию подкупа отечественных и иностранных государственных должностных лиц и формирование част- но-государственных партнерств для борьбы с подкупом государственных должностных лиц.
Мы вновь подтверждаем, что важными компонентами надлежащего управления являются эффективное распоряжение государственными ресурсами через сильные и отлаженно действующие институты, профессиональная и эффективная гражданская служба, а также разумные процедуры составления и исполнения бюджета и государственных закупок. Соответственно, мы признаем важное значение открытости, транспарентности и недискри- минации в вопросах закупки товаров и услуг, которые позволяют заложить прочную финан- совую основу для деятельности наших систем государственного управления, обеспечить транспарентность в налогово-бюджетной области и сформировать честные и транспарент- ные системы государственных закупок, (…). (…)
II. Борьба с коррупцией, отмыванием денег и финансированием терроризма
Мы побуждаем государства – участники ОБСЕ, которые еще этого не сделали, влиться в число государств – участников Конвенции Организации Объединенных Наций против коррупции (КПК) и выполнять ее в полном объеме. Мы приветствуем оказание со сто- роны ОБСЕ содействия в ее выполнении и поручаем Секретариату ОБСЕ, и в частности Бюро Координатора экономической и экологической деятельности ОБСЕ (БКЭЭД), оказы- вать государствам – участникам ОБСЕ по их просьбе поддержку, в том числе в виде моби- лизации технической помощи.
Мы отмечаем необходимость улучшения выполнения наших международных и националь- ных обязательств по противодействию коррупции посредством, в частности, вовлечения в этот процесс, в соответствующих случаях, гражданского общества и деловых кругов, а также необходимость регулярно производить их рассмотрение, в том числе в рамках меха- низма по рассмотрению выполнения Конвенции Организации Объединенных Наций про- тив коррупции в соответствии с мандатом этого механизма.
Нам отрадно, что ОБСЕ, и в частности БКЭЭД, продолжает оказывать государствам-у- частникам по их просьбе содействие в разработке и/или гармонизации их национального антикоррупционного законодательства в русле их международных обязательств, в обеспе- чении практического применения и эффективного внедрения, на основе обмена опытом, надлежащей практики на региональном, субрегиональном и национальном уровне, а также в предоставлении рекомендаций и организации учебных мероприятий во взаимодействии с другими соответствующими организациями (…).
Мы отмечаем, что для борьбы с коррупцией требуется долгосрочный всесторонний стра- тегический подход и сильные институты. Мы убеждены в недопустимости оказания непо- добающего давления на тех, на кого возложены функции по профилактике, выявлению, расследованию и судебному преследованию коррупционных преступлений и по вынесению
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приговоров виновным. В частности, мы подчеркиваем ключевую роль правоохранительных и судебных органов в борьбе с коррупцией и обеспечении верховенства права. Мы признаем крайне важным обеспечить независимость судей для наделения их способностью выполнять эту функцию и считаем необходимым наращивать усилия на этом направлении. Мы также отмечаем важность и необходимость выделения таким институтам надлежащих ресурсов.
Мы отмечаем далее принципиальную важность эффективной работы по недопущению пере- вода доходов от преступной деятельности, хищения, присвоения и других видов нецелевого использования государственных средств, а также возвращения расхищенных активов для повышения доверия к нашим антикоррупционным усилиям и для экономического разви- тия. Мы отмечаем, что для эффективного возвращения активов требуются надлежащая правовая база и институты, специалисты, наделенные соответствующими полномочиями, обладающие соответствующей квалификацией и располагающие надлежащими ресурсами, инициативное и оперативное сотрудничество на национальном и международном уровне, наличие сетевого механизма взаимодействия и сильная политическая воля.
Поэтому мы поддерживаем меры, нацеленные на устранение барьеров к возвращению акти- вов, в частности, посредством повышения эффективности юридических процедур и недо- пущения злоупотребления ими, наращивания усилий по предупреждению отмывания денег и углубления международного сотрудничества в вопросах возвращения активов. (…)
Мы отмечаем важность обеспечения достаточной защиты лиц, сигнализирующих о нару- шениях в государственном или частном секторе, поскольку им принадлежит ключевая роль в предупреждении и выявлении коррупции и тем самым в защите государственных интересов. Мы будем проявлять бóльшую активность в принятии необходимых мер по соз- данию и налаживанию деятельности правовых механизмов, обеспечивающих эффектив- ную защиту упомянутых лиц и их ближайших родственников от возмездия, запугивания и других психологических и физических посягательств или от необоснованного лишения их свободы или средств к существованию. Мы отмечаем, что такие меры являются необ- ходимым элементом эффективного антикоррупционного режима.
Мы отмечаем, что международные теракты зависят от финансовых средств, которые могут попасть в распоряжение террористов. Мы считаем, что финансирование терроризма – это проблема, вызывающая глубокую озабоченность всего международного сообщества. Мы убеждены в неотложной необходимости наращивания международного сотрудничества между государствами в разработке и принятии эффективных мер по недопущению финан- сирования терроризма, а также по его пресечению посредством судебного преследования и наказания замешанных в нем лиц. (…)
III. Гражданское общество и частный сектор
Мы побуждаем ОБСЕ и далее следовать своему всеобъемлющему подходу к безопасности и продолжать укреплять диалог и сотрудничество между правительствами, гражданским обществом и частным сектором в целях поддержки предпринимаемых в государствах-у- частниках усилий по утверждению надлежащего управления, включая борьбу с корруп- цией, отмыванием денег и финансированием терроризма.
Мы отмечаем важность подключения частного сектора к усилиям по противодействию кор- рупции и укреплению надлежащего управления, а также к усилиям по формированию чест- ной и транспарентной деловой среды. Такая приверженность со стороны деловых кругов
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является важной предпосылкой укрепления надлежащего управления, повышения транспа- рентности, стабильности и безопасности на национальном и международном уровне. (…)
Мы побуждаем деловые круги учитывать в своей деятельности социальные, экологические и гуманитарные нужды государств-участников, а также их нужды в сфере безопасности.
Мы подчеркиваем важность внесения научными и деловыми кругами и гражданским обществом более весомого вклада в повышение осведомленности о препятствиях на пути экономического роста, в том числе выхода на рынки, торговли и инвестиций, а также необ- ходимость повышать транспарентность в интересах устойчивого экономического развития.
Мы признаем, что свобода информации и доступ к ней способствуют открытости и подот- четности в вопросах государственной политики и закупок и позволяют гражданскому обществу, включая средства массовой информации, вносить вклад в предупреждение кор- рупции, финансирования терроризма, отмывания денег и предикативных преступлений и борьбу с ними. Мы вновь подтверждаем наше обязательство повышать транспарентность наших государственных органов посредством дальнейшего развития процедур и институ- тов, предназначенных для предоставления своевременной информации, включая надежные статистические данные, в целях создания условий для диалога между хорошо информиро- ванными сторонами, восприимчивыми к мнению друг друга.
Мы считаем важным проявлять открытость в нашем взаимодействии с гражданами в инте- ресах совершенствования услуг, повышения деловой этики в работе государственных орга- нов, эффективного распоряжения государственными ресурсами, повышения безопасности в общинах и корпоративной подотчетности. (…)
IV. Совместная работа во имя прогресса
Мы отмечаем, что ОБСЕ обеспечивает форум для политического диалога, обмена информа- цией и сотрудничества в вопросах надлежащего управления, а также платформу для фор- мирования необходимого политического консенсуса и взаимопонимания относительно важности предупреждения и пресечения коррупции, отмывания денег и финансирования терроризма на всех уровнях в интересах устойчивого социально-экономического разви- тия и стабильности. Мы вновь подтверждаем наше обязательство сотрудничать в форми- ровании стратегий, касающихся надлежащего управления, и обмениваться информацией о наиболее успешных примерах такой практики.
Мы приветствуем налаженное тесное сотрудничество между ОБСЕ и другими соответ- ствующими организациями и институтами, включая Организацию Объединенных Наций, и призываем исполнительные структуры ОБСЕ, и в частности БКЭДД, и впредь углублять сотрудничество с ними, добиваясь дополнительной отдачи и взаимодополняемости усилий.
Мы отмечаем ценный вклад исполнительных структур ОБСЕ, в частности ее полевых опе- раций, в более широкую работу Организации по содействию надлежащему управлению, транспарентности и верховенству права. Мы призываем их и далее углублять свое сотруд- ничество и координировать свои усилия по оказанию государствам-участникам по их просьбе содействия в выполнении положений настоящей Декларации.
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I. Заявления и декларации Совета министров
Декларация министров о наращивании усилий ОБСЕ по противодействию транснациональным угрозам
Мы, члены Совета министров ОБСЕ, признавая эволюционирующий характер транснацио- нальных угроз в регионе ОБСЕ и за его пределами и необходимость обеспечения коллектив- ных и эффективных международных ответных мер, скоординированных и опирающихся на межизмеренческий подход (…),
высоко оцениваем деятельность государств – участников ОБСЕ по укреплению сотрудниче- ства в противодействии транснациональным угрозам в таких областях, как противодействие терроризму, борьба с организованной преступностью, торговля людьми и незаконными наркотиками, деятельность, связанная с полицейскими функциями, и безопасность границ и пограничный режим, а также разработка мер укрепления доверия (МДБ) (…); (…)
призываем государства – участники ОБСЕ и соответствующие исполнительные структуры в рамках их мандатов и установленных процедур активизировать усилия по достижению большего единства целей и действий в противодействии существующим и возникающим транснациональным угрозам и продолжать диалог в этой области, в том числе на целевых и ориентированных на достижение конкретного результата тематических совещаниях в рамках всей ОБСЕ, которые должны проводиться по мере необходимости и, предпочти- тельно, на ежегодной основе;
призываем государства – участники ОБСЕ, в случае необходимости при поддержке соот- ветствующих исполнительных структур ОБСЕ, и далее развивать сотрудничество с ООН и другими соответствующими международными и региональными организациями на базе Платформы безопасности, основанной на сотрудничестве, 1999 года, а также со средизем- номорскими и азиатскими партнерами ОБСЕ по сотрудничеству с целью дальнейшего укре- пления потенциала ОБСЕ по противодействию транснациональным угрозам, в том числе во взаимодействии с гражданским обществом.
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II. Решения Совета министров
Решение № 3/13
Свобода мысли, совести, религии и убеждений
Совет министров,
вновь подтверждая ранее принятые СБСЕ/ОБСЕ решения, касающиеся свободы мысли, совести, религии и убеждений (…), (…)
будучи привержен цели обеспечения уважения и реализации на практике свободы мысли, совести, религии и убеждений всеми людьми,
подчеркивая, что каждый человек имеет право на свободу мысли, совести, религии и убежде- ний, которая включает свободу иметь или принимать религию или убеждения по сво- ему выбору, а также не иметь и не исповедовать никакой религии, менять свою религию или убеждения, а также исповедовать свою религию или убеждения как единолично, так сообща с другими, публичным или частным порядком, через учение, выполнение риту- альных и религиозных обрядов и отправление культа. Свобода исповедовать свою рели- гию или убеждения подлежит лишь ограничениям, установленным законом и отвечающим международным нормам,
вновь подтверждая обязательства государств-участников уважать, защищать и обеспечи- вать право каждого на свободу мысли, совести, религии и убеждений,
подчеркивая взаимосвязь между безопасностью и полным уважением свободы мысли, совести, религии и убеждений,
будучи глубоко озабочен продолжающимися повсюду в мире актами нетерпимости и наси- лия в отношении лиц и религиозных либо объединенных теми или иными убеждениями сообществ по соображениям мысли, совести, религии или убеждений,
подчеркивая взаимозависимый, взаимосвязанный и взаимоподкрепляющий характер сво- боды мысли, совести, религии и убеждений и всех других прав человека и основных свобод,
подчеркивая важность содействия формированию атмосферы взаимной терпимости и ува- жения между верующими различных сообществ, а также между верующими и неверующими,
призывает государства-участники:
выполнять в полном объеме принятые в рамках ОБСЕ обязательства, касающиеся свободы мысли, совести, религии и убеждений;
выполнять в полном объеме свои обязательства, касающиеся обеспечения права всех людей исповедовать свою религию или убеждения и выполнять требуемые ими обряды как еди- нолично, так и сообща с другими, публичным или частным порядком, а также исповедо- вать свою религию или убеждения через учение, выполнение ритуальных и религиозных
413 Киев, 2013 г
обрядов и отправление культа, в частности, путем реализации транспарентных и недискри- минационных законов, правил, практики и политических установок,
воздерживаться от введения несовместимых с принятыми в рамках ОБСЕ политическими обязательствами и международно-правовыми обязательствами ограничений на отправле- ние частными лицами и религиозными сообществами религиозного культа или следова- ние своим убеждениям;
стимулировать и облегчать открытый и транспарентный межконфессиональный и межре- лигиозный диалог и партнерские связи;
стремиться к предупреждению нетерпимости, насилия и дискриминации на почве рели- гии и убеждений, в том числе в отношении христиан, иудеев, мусульман и приверженцев других религий, а также против неверующих, осудить насилие и дискриминацию на почве религии и пытаться предупреждать нападения на людей и группы лиц по соображениям мысли, совести, религии и убеждений и обеспечивать защиту их от таких нападений;
содействовать своевременному включению религиозных сообществ или сообществ, объе- диненных теми или иными убеждениями, в процесс обсуждения общественностью соот- ветствующих законодательных инициатив;
содействовать диалогу между религиозными либо объединенными теми или иными убежде- ниями сообществами и государственными органами, в том числе, при необходимости, по вопросам, касающимся использования места отправления культа и религиозного имущества;
принимать эффективные меры по предупреждению и пресечению дискриминации в отно- шении лиц, а также религиозных и объединенных теми или иными убеждениями сообществ на почве религии или убеждений, в том числе в отношении неверующих, со стороны госу- дарственных должностных лиц в контексте исполнения ими своих служебных обязанностей;
проводить политику, направленную на воспитание уважения и защиту мест отправления культа и религиозных объектов, религиозных памятников, кладбищ и святынь от ванда- лизма и уничтожения.
Решение № 4/13
Наращивание усилий ОБСЕ по выполнению плана действий по улучшению положения рома и синти в регионе ОБСЕ с уделением особого внимания женщинам, подросткам и детям этих народностей
Совет министров,
вновь подтверждая принятые в рамках ОБСЕ обязательства, касающиеся рома и синти (…), (…)
признавая, что в регионе ОБСЕ предпринимаются различные усилия по улучшению поло- жения рома и синти, такие, как разработка и осуществление национальных планов действий и стратегий, а также принятие специальных программ и политических мер, и что для их осуществления крайне важна реализация этих инициатив на местном уровне,
414 Киев, 2013 г
принимая во внимание выводы и рекомендации относительно первоочередных действий, которые сформулированы во втором докладе БДИПЧ о ходе выполнения Плана действий по улучшению положения рома и синти в регионе ОБСЕ, который был обнародован в 2013 году, (…)
будучи обеспокоен тем, что рома и синти в регионе ОБСЕ по-прежнему подвергаются наси- лию на почве расизма и предубеждений,
отмечая в этой связи, что цыганские женщины и девочки особенно уязвимы перед лицом множественной дискриминации, а также насилия и притеснений,
признавая ключевую роль образования в расширении возможностей для равноправного участия рома и синти, включая цыганских женщин, подростков и детей, в особенности девочек, в социальной, политической, экономической и культурной жизни, в осуществле- нии ими своих прав и содействии их полной интеграции,
будучи убежден в том, что государствам-участникам следует стремиться к обеспечению цыганам возможности вносить свой вклад в разработку затрагивающих их стратегий и что цыган следует рассматривать в качестве партнеров по выполнению этих стратегий, при- званных содействовать и облегчать их интеграцию, и делить с ними ответственность за это,
признавая, что государство через свою политику и институты должно поддерживать и поощ- рять права цыганских женщин, и в частности принцип равноправия мужчин и женщин, при активном участии самих цыганских женщин,
учитывая, что цыганская молодежь и дети станут в будущем основными заинтересован- ными сторонами в деле содействия интеграции цыган и их общин, а также в деле содействия их полномасштабному участию в общественной, гражданской, политической, экономиче- ской и культурной жизни общества, в котором они живут,
призывает государства-участники:
1. Наращивать усилия по выполнению Плана действий по улучшению положения рома и синти в регионе ОБСЕ, в частности, посредством совершенствования работы по мони- торингу и анализу стратегий, политики и мер, нацеленных на интеграцию рома и синти;
2. Не допускать дальнейшей маргинализации и изоляции рома и синти и противодейство- вать дискриминации и сопряженным с насилием проявлениям нетерпимости в отношении рома и синти, в том числе в отношении цыган-мигрантов, посредством: 2.1 наращивания усилий по воспитанию терпимости и борьбе с предубеждениями в отно- шении рома и синти; 2.2 однозначного публичного осуждения любого насилия, направленного против рома и синти; 2.3 противодействия формированию через средства массовой информации негативных стереотипных представлений о рома и синти с учетом принятых в рамках ОБСЕ соответ- ствующих обязательств, касающихся свободы СМИ; 2.4 принятия или, при необходимости, ужесточения законодательства и политических мер, нацеленных против дискриминации и преступлений на почве предубеждений в отноше- нии рома и синти;
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2.5 наращивания потенциала правоохранительных органов и их сотрудников по части выявления, сбора данных, расследования и судебного преследования преступлений на почве ненависти против рома и синти; 2.6 принятия необходимых мер, обеспечивающих жертвам дискриминации и сопряженных с насилием проявлений нетерпимости в отношении рома и синти доступ к эффективным средствам правовой защиты с использованием процедур судебного и административного производства, а также посредничества и примирения; 2.7 расширения участия рома и синти в процессе выработки, осуществления и оценки затрагивающих их политических мер, в том числе через поощрение участия рома и синти в политической жизни и поддержку просветительской работы с избирателями из числа рома и синти; 2.8 развития широкого диалога в обществе с целью привлечь внимание к тому, как нетер- пимость и дискриминация в отношении рома и синти могут угрожать социальной спло- ченности, стабильности и безопасности; 2.9 принятия мер по устранению первопричин дискриминации и нетерпимости в отно- шении рома и синти, следуя, в частности, путем наращивания комплексной информаци- онно-просветительской работы с целью противодействия предубеждениям и воспитания взаимного уважения и понимания; 2.10 поддержки гражданского общества в его усилиях по представлению интересов цыган, пострадавших от преступлений на почве ненависти и дискриминации, и оказанию им помощи; 2.11 принятия необходимых мер по повышению активности и роли рома и синти в деле углубления их социальной интеграции; 2.12 принятия мер, обеспечивающих безопасность, благополучие и здоровье цыганских женщин, подростков и детей, в том числе на путях противодействия бытовому насилию, ранним бракам и торговле людьми, включая, при необходимости, обеспечение доступа к реабилитационным службам;
3. Нацелить свои усилия и необходимые ресурсы на образование в качестве важного фак- тора, позволяющего улучшить положение рома и синти и добиться их более глубокой соци- ально-экономической интеграции, используя для этого следующие возможные способы: 3.1 принятие активных мер, обеспечивающих цыганским подросткам и детям равный доступ к образованию на всех уровнях в государственных учебных заведениях, в том числе в заведениях, предназначенных для детей младшего возраста, а также в начальных и сред- них школах, и возможность пройти в них обучение; 3.2 поиск путей противодействия высокому уровню отсева цыганских детей, обучающихся в средних школах, и уделение надлежащего внимания особым проблемам, с которыми стал- киваются в этой связи цыганские девочки, при одновременном принятии активных мер по поощрению обучения цыганских подростков в учебных заведениях более высокого уровня; 3.3 содействие обеспечению учащимся-цыганам более широкого доступа к учебным заве- дениям третичного уровня и принятие надлежащих мер по упрощению их приема в такие заведения, в том числе с помощью программ выплаты стипендий; 3.4 содействие разработке на общенациональном и местном уровне программ интеграции рома и синти, включая образовательные программы и дополнительные учебные курсы, посвященные, в частности, цыганской культуре и истории;
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3.5 возобновление усилий по пресечению сегрегации рома и синти в учебных заведениях всех уровней;
4. Принять активные меры в поддержку расширения прав и возможностей цыганских детей, в том числе посредством: 4.1 наращивания усилий, призванных обеспечить цыганским женщинам возможность осу- ществления своих прав человека, наращивания усилий по борьбе с дискриминацией в их отношении, в том числе, при необходимости, в сферах образования, занятости, медицин- ского обслуживания и обеспечения жильем, и налаживания с этой целью партнерских связей с цыганскими объединениями гражданского общества и цыганским населением; 4.2 содействия эффективному и равноправному участию цыганских женщин в обществен- ной и политической жизни, в том числе через обеспечение женщинам более широкого доступа к выборным должностям, государственным административным органам и руко- водящим постам; 4.3 содействия обеспечению цыганским женщинам равного доступа к рабочим местам и программам стажировки и наставничества; 4.4 принятия, при необходимости, целенаправленных конкретных мер, содействующих обеспечению цыганским девочкам более широкого равного доступа к учебным заведениям всех уровней и возможности пройти в них обучение;
5. Побуждать соответствующие исполнительные структуры ОБСЕ к наращиванию своей деятельности с целью укрепления потенциала женских и молодежных организаций рома и синти, имея в виду содействовать расширению прав и возможностей, повышению обра- зовательного уровня и борьбе с дискриминацией в отношении цыганских женщин и под- ростков, а также побуждать цыганских женщин к участию наравне с мужчинами в работе во всех интересующих их сферах жизни;
Призывает обеспечить дальнейшую координацию действий в рамках ОБСЕ и сотрудниче- ство с соответствующими международными партнерами с целью наращивания усилий ОБСЕ по выполнению Плана действий по улучшению положения рома и синти в регионе ОБСЕ;
Побуждает ПА ОБСЕ продолжить свои усилия, нацеленные на улучшение положения рома и синти в регионе ОБСЕ.
Решение № 7/13
Борьба с торговлей людьми
Совет министров,
вновь подтверждая соответствующие обязательства ОБСЕ 2000–2008 годов и Вильнюсскую декларацию Совета министров о борьбе со всеми формами торговли людьми 2011 года,
подтверждая стратегическую ценность Плана действий ОБСЕ по борьбе с торговлей людьми 2003 года, в котором государствам-участникам предлагаются новейшие рекомендации о дей- ствиях, которые должны быть предприняты на международном и национальном уровнях в области преследования, предупреждения и защиты, и определяется деятельность соот- ветствующих исполнительных структур ОБСЕ,
417 Киев, 2013 г
будучи глубоко озабочен значительным ростом ТЛ, как транснациональной, так и внутрен- ней, во всех ее формах и вновь заявляя об особой необходимости принятия более реши- тельных мер по противодействию сложным существующим и возникающим тенденциям и схемам в ТЛ,
одобряет принятие Добавления к Плану действий ОБСЕ по борьбе с торговлей людьми «Спустя одно десятилетие» Решением № 1107 Постоянного совета и считает, что Добавле- ние «Спустя одно десятилетие» должно стать неотъемлемой частью Плана действий ОБСЕ по борьбе с торговлей людьми 2003 года.
418 Документ двадцать первой встречи Совета министров Базель, 2014 г.
I. Заявления и декларации Совета министров
Декларация министров о молодежи
Мы, члены Совета министров Организации по безопасности и сотрудничеству в Европе, напоминаем о принятых в ОБСЕ обязательствах, касающихся молодежи и детей, которые закреплены в хельсинском Заключительном акте и других соответствующих решениях ОБСЕ, и отмечаем усилия на этом направлении, прилагаемые другими м международными организациями, и в частности Организацией Объединенных Наций.
Мы признаем, что молодежь и дети нуждаются в особом внимании и что заниматься их нуждами, озабоченностями и интересами следует на основе всестороннего подхода.
Мы признаем, что молодежь обладает потенциалом вносить вклад в экономическое, поли- тическое и социальное развитие и может оказывать государствам- участникам поддержку в выполнении обязательств во всех трех измерениях ОБСЕ.
Мы принимаем к сведению выдвинутую швейцарским Председательством инициативу, касающуюся молодежи в ОБСЕ.
Декларация министров о наращивании усилий по борьбе с антисемитизмом
Мы, члены Совета министров Организации по безопасности и сотрудничеству в Европе, напоминаем о состоявшейся в Берлине в 2004 году Конференции ОБСЕ по антисемитизму, на которой государства – участники ОБСЕ осудили все проявления антисемитизма и обя- зались прилагать совместные усилия по борьбе с антисемитизмом во всем регионе ОБСЕ.
Мы выражаем озабоченность по поводу антисемитских актов, которые с тревожной часто- той продолжают происходить в регионе ОБСЕ и по-прежнему остается вызовом стабиль- ности и безопасности.
Мы не приемлем и осуждаем проявления антисемитизма, нетерпимости и дискримина- ции в отношении евреев.
Мы напоминаем об обязательстве уважать права человека и основные свободы для всех без различия расы, пола, языка или религии, как провозглашено в положениях хельсинк- ского Заключительного акта 1975 года.
Мы положительно оцениваем Берлинскую декларацию по антисемитизму
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2004 года Действующего председателя ОБСЕ и вновь подтверждаем принятые в ОБСЕ соот- ветствующие обязательства.
Мы принимаем к сведению подготовленные швейцарским Председательством ОБСЕ выводы по случаю 10-й годовщины проведения берлинской Конференции по антисемитизму.
Мы констатируем, что гражданское общество внесло существенный вклад в дело преду- преждения антисемитизма и реагирования на него (…).
Мы подчеркиваем важное значение сотрудничества государств с гражданским обществом через эффективные партнерские связи и укрепление диалога и сотрудничества в деле борьбы с антисемитизмом.
Мы однозначно заявляем, что международные события, в том числе, касающиеся положе- ния на Ближнем Востоке, никак не могут служить оправданием антисемитизма.
Мы призываем политических, религиозных и общественных лидеров вести открытую дис- куссию в интересах борьбы с антисемитизмом и его предупреждения при полном уваже- нии основных свобод и прав человека.
Мы призываем государства-участники:
побуждать политических лидеров и общественных деятелей к незамедлительному высту- плению с твердыми заявлениями, когда происходят акты антисемитского характера;
содействовать осуществлению образовательных программ по борьбе с антисемитизмом и предоставлять молодежи возможности для получения образования в области прав чело- века, в частности, по теме антисемитизма;
наращивать усилия по выполнению существующих в рамках ОБСЕ обязательств, касаю- щихся мониторинга преступлений на почве ненависти, и в частности на почве антисеми- тизма, и сбора соответствующих данных;
проводить эффективное, незамедлительное и беспристрастное расследование актов наси- лия на почве антисемитизма и привлекать виновных
к ответственности;
продвигать и облегчать открытый и транспарентный межкультурный, межконфессиональ- ный и межрелигиозный диалог и партнерские связи;
поощрять вовлечение религиозных общин и сообществ, объединенных едиными убежде- ниями, в общественные дискуссии по соответствующим законодательным инициативам;
мы призываем БДИПЧ:
предлагать государствам-участникам информацию о наиболее эффективных мерах противо- действия антисемитизму, в том числе посредством консультаций с гражданским обществом, в целях эффективного выявления современных проявлений антисемитизма и противодей- ствия им;
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облегчать сотрудничество между государственными должностными лицами и граждан- ским обществом по вопросам, касающимся антисемитизма, включая преступления на почве ненависти и сохранение памяти о Холокосте;
оказывать государствам-участникам помощь в их усилиях по сбору данных о преступле- ниях на почве ненависти антисемитского характера – в соответствующих случаях в сотруд- ничестве с гражданским обществом;
облегчать обмен между государствами-участниками примерами передового опыта в вопро- сах осуществления образовательных инициатив и других мер по повышению осведомлен- ности об антисемитизме и преодолению трудностей в осуществлении просветительской деятельности о Холокосте;
поощрять диалог и укреплять потенциал гражданского общества в культивировании вза- имного уважения и взаимопонимания, имея в виду содействовать укреплению сотрудни- чества между различными сообществами.
Мы привлекаем внимание к работе трех личных представителей по вопросам терпимости в порядке поддержки общих усилий ОБСЕ по борьбе с нетерпимостью и дискриминацией, в частности, в форме посещения ими различных стран, подготовки по итогам поездок реко- мендаций и представления докладов Постоянному совету ОБСЕ.
Мы побуждаем государства-участники разработать тексты деклараций Совета министров о наращивании усилий по борьбе с нетерпимостью и дискриминацией, в частности, в отно- шении мусульман, христиан и адептов других религий.
II. Решения Совета министров
Решение № 5/14
Предупреждение коррупции
Совет министров,
подтверждая принятые в ОБСЕ обязательства по борьбе с коррупцией, (…),
признавая, что коррупция на всех уровнях является потенциальным источником поли- тической напряженности, подрывающей стабильность и безопасность государств- участ- ников, угрожающей общим ценностям ОБСЕ и облегчающей преступную деятельность,
будучи убежден, что более эффективная профилактика коррупции способствует надлежа- щему управлению во всех сегментах государственного сектора, укрепляет доверие к госу- дарственным институтам, повышает социальную ответственность корпораций в частном секторе, стимулирует экономический рост и способствует социальной стабильности и без- опасности,
подтверждая, что свобода информации и доступ к ней способствуют открытости и подот- четности в вопросах государственной политики и закупок и позволяют гражданскому обще- ству, включая средства массовой информации, вносить вклад в предупреждение коррупции,
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финансирования терроризма, отмывания денег и связанных с ними предикатных престу- плений и борьбу с ними,
подчеркивая ключевую роль правоохранительных органов и судебных институтов в преду- преждении коррупции и борьбе с ней,
признавая, что способность независимых СМИ проводить расследования и публиковать их результаты в соответствии с нормами национального законодательства и международ- ными обязательствами, не опасаясь судебного преследования, травли или физического вреда, является основополагающей предпосылкой предупреждения коррупции и проти- водействия ей на всех уровнях и во всех секторах,
признавая, что эффективная, доступная, подотчетная и прозрачная система предоставле- ния государственных услуг является одним из ключевых факторов создания антикорруп- ционной среды в государственном секторе,
признавая важность усилий по наращиванию потенциала в деле эффективного предупреж- дения коррупции и борьбы с ней,
признавая важность международного сотрудничества между национальными антикор- рупционными органами в обмене примерами лучшей практики, разработке дальнейших антикоррупционных мер и обмене знаниями между лицами, ведущими практическую борьбу с коррупцией,
приветствуя тот факт, что почти все государства-участники ратифицировали Конвенцию ООН против коррупции (КПК ООН) или присоединились к ней и работают над выполне- нием своих обязательств, вытекающих из этой конвенции,
подчеркивая важность сотрудничества с другими профильными международными орга- низациями в предупреждении коррупции и борьбе с ней,
рекомендует государствам-участникам:
продолжать разрабатывать и осуществлять превентивные антикоррупционные законы и политику, принимать и продвигать практические меры и инструменты противодействия всем формам коррупции на всех уровнях как в частном, так и государственном секторах, а также для использования их другими заинтересованными сторонами;
принимать меры к повышению транспарентности, подотчетности и более полному обеспе- чению верховенства права в государственном управлении в соответствии с основополагаю- щими принципами своих правовых систем, в том числе путем введения эффективных мер, облегчающих доступ общественности к информации, и содействия эффективному предо- ставлению государственных услуг;
внедрять, сохранять и укреплять системы, предотвращающие конфликты интересов в госу- дарственном секторе, в том числе, например, путем решения проблемы конфликта интере- сов с помощью осуществимых в порядке принудительного исполнения кодексов поведения и посредством создания и укрепления систем декларирования активов государствен- ными чиновниками и политическими деятелями в соответствии с основополагающими принципами своего внутреннего законодательства, а также обеспечивать справедливые
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конкурентные условия найма на работу в государственном секторе в целях повышения прозрачности и добросовестности в сфере государственного управления;
поощрять участие частного сектора, организаций гражданского общества, СМИ и научных кругов, в том числе при поддержке исполнительных структур ОБСЕ, оказываемой в соответ- ствии с их мандатами, в разработке национальных антикоррупционных стратегий и поли- тики, а также содействовать их последующему осуществлению;
культивировать добросовестность, прозрачность и подотчетность во всех сегментах обще- ства в целях содействия предупреждению коррупции;
признавать важную роль тех, кто сигнализирует о правонарушениях, в выявлении и преду- преждении коррупции и защите общественных интересов, а также активизировать предпри- нимаемые странами на национальном уровне усилия по обеспечению адекватной защиты таких лиц;
способствовать усилению информационно-просветительской работы со всеми слоями обще- ства по проблеме коррупции путем осуществления соответствующей кадровой подготовки и образовательных программ по вопросам предупреждения коррупции и культивирова- ния моральной чистоплотности, с уделением особого внимания молодежи и признавая ту роль, которую в этом отношении играют заинтересованное и хорошо информированное гражданское общество и независимые, свободные и плюралистичные СМИ;
осуществлять в соответствии с основополагающими принципами своих правовых систем необходимые шаги по созданию или укреплению надлежащих систем государственных закупок, которые основаны на принципах прозрачности, конкурентности и на объектив- ных критериях принятия решений и эффективно предотвращают коррупцию;
поддерживать меры по повышению добросовестности судей и недопущению возможности коррупции среди представителей судебных и прокурорских органов;
осуществлять и соблюдать соответствующие международные нормы, касающиеся борьбы с коррупцией, как те, что предписаны в Конвенции ООН против коррупции, и, в соответ- ствующих случаях, нормы, содержащиеся в конвенциях ОЭСР и Совета Европы о кор- рупции, а также способствовать более активному участию гражданского общества в их осуществлении согласно изложенному в указанных конвенциях;
устанавливать и осуществлять эффективные, соразмерные и оказывающие сдерживающее воздействие санкции и меры административного наказания для физических и, в соответ- ствующих случаях, юридических лиц с целью профилактики коррупции и ее пресечения;
способствовать возвращению похищенных активов в рамках принимаемых на националь- ном уровне мер, а также в рамках международного и, в соответствующих случаях, реги- онального сотрудничества и обеспечивать транспарентность бенефициарного владения;
использовать имеющиеся у ОБСЕ инструменты, руководящие принципы и проекты в борьбе с коррупцией и ее предупреждении;
рекомендует соответствующим исполнительным структурам ОБСЕ, включая в соответству- ющих случаях полевые операции, в соответствии с их мандатами и насколько позволяют
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имеющиеся у них ресурсы, способствовать обмену примерами лучшей практики в области предупреждения коррупции в государствах-участниках по их просьбе;
поручает исполнительным структурам ОБСЕ, в частности Бюро Координатора экономиче- ской и экологической деятельности (БКЭЭД) ОБСЕ и, в соответствующих случаях, полевым операциям в сотрудничестве с соответствующими международными партнерами, (…) ока- зывать в пределах имеющихся ресурсов содействие государствам-участникам по их просьбе в выполнении ими своих обязательств по КПК ООН и в выработке политики на националь- ном уровне, в обмене примерами лучшей практики и осуществлении мероприятий и про- ектов по наращиванию потенциала в области предупреждения коррупции и борьбы с ней;
поручает исполнительным структурам ОБСЕ, в частности БКЭЭД, и, в соответствующих случаях, полевым операциям ОБСЕ заниматься в пределах имеющихся у них ресурсов и в рамках их мандатов популяризацией существующих инструментов и руководящих принципов ОБСЕ в области борьбы с коррупцией и ее предупреждения; (…)
Решение № 7/14
Недопущение и пресечение насилия в отношении женщин
Совет министров,
вновь подтверждая обязательство уважать права человека и основные свободы для всех без различия расы, пола, языка или религии, (…),
напоминая, что полное и равное осуществление женщинами своих прав человека является непременным условием формирования более мирного, процветающего и демократического пространства ОБСЕ и что государства – участники ОБСЕ обязуются сделать обеспечение равенства между мужчинами и женщинами неотъемлемой частью своей политики как на уровне своих государств, так и в рамках исполнительных структур ОБСЕ, как было заяв- лено на Стамбульской встрече ОБСЕ на высшем уровне в 1999 году,
вновь заявляя, что неотъемлемое достоинство человека является ключевым аспектом все- объемлющей безопасности (…),
вновь подтверждая все соответствующие обязательства в рамках ОБСЕ, включая обязатель- ства, содержащиеся в Решении № 14/04 Совета министров о Плане действий по поддержке гендерного равенства и в Решении № 15/05 Совета министров о недопущении и пресече- нии насилия в отношении женщин, (…)
признавая принятые государствами-участниками на международных и региональных фору- мах обязательства о пресечении насилия в отношении женщин,
принимая во внимание международные и региональные инициативы по борьбе с сексуаль- ным насилием, в частности, во время вооруженного конфликта, (…)
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будучи глубоко обеспокоен продолжающимся насилием в отношении женщин как одним из наиболее распространенных нарушений прав человека в регионе ОБСЕ, проявляющемся в виде физического, сексуального и психологического насилия, и вновь заявляя об особой необходимости принятия более решительных мер по недопущению и пресечению насилия в отношении женщин, которому в качестве одного из основных факторов может способ- ствовать гендерное неравенство,
вновь заявляя о важности эффективной подотчетности, касающейся насилия в отношении женщин и в отношении детей, включая сексуальное насилие, надругательство и эксплуата- цию, а также принятия адекватных мер по борьбе с подобным насилием,
призывает государства-участники принять следующие меры, связанные с пресечением и недопущением насилия в отношении женщин, в области развития правовой основы и партнерских отношений, предотвращения насилия в отношении женщин и уголовного преследования за него, а также защиты жертв;
призывает государства-участники обеспечить для всех женщин защиту и полное уважение прав человека и основных свобод;
решительно осуждает все формы насилия в отношении женщин и воздерживается от его оправдания, как указано в Декларации об искоренении насилия в отношении женщин;
(А) Правовая основа
1. Призывает государства-участники:
запрашивать, в случае необходимости, подготовленные БДИПЧ заключения о правовой и политической основе для предотвращения насилия в отношении женщин и борьбе с ним, включая бытовое насилие;
собирать, сохранять и обнародовать надежную, сопоставимую, подробную и всеобъем- лющую основанную на фактах информацию и статистические данные, касающиеся всех форм насилия в отношении женщин, включая сексуальное и бытовое насилие, обеспечивая соблюдение своих законов о защите данных, и включать информацию о количестве случаев, доведенных до сведения правоохранительных органов, количестве расследованных случаев и случаев уголовного преследования, а также о вынесенных приговорах;
привести национальное законодательство в соответствие с принятыми ими междуна- родными стандартами в этой области, если они еще не сделали этого, и обязательствами в рамках ОБСЕ, касающимися всех форм насилия в отношении женщин, и при принятии соответствующего законодательства рассматривать примеры лучшей практики;
рассмотреть вопрос о подписании и ратификации соответствующих региональных и меж- дународных инструментов, таких, как Конвенция Совета Европы о предотвращении наси- лия в отношении женщин и бытового насилия и борьбе с ним, когда это применимо.
2. Поручает исполнительным структурам ОБСЕ в рамках их мандатов:
поощрять обмен примерами лучшей практики в отношении законодательства, касающе- гося борьбы со всеми формами насилия в отношении женщин.
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(В) Предотвращение
3. Рекомендует государствам-участникам:
наращивать усилия в работе с населением через информационно- просветительскую дея- тельность и культивирование более чуткого отношения к этим проблемам с целью прео- доления негативных стереотипов, привычек и предрассудков, которые способствуют всем формам насилия в отношении женщин;
принять соответствующие меры по повышению взаимодействия и участия мужчин и маль- чиков в предотвращении и искоренении всех форм насилия в отношении женщин, вклю- чая сексуальное и бытовое насилие;
принять меры по повышению информированности о порочном круге насилия, источни- ком которого может быть физическое, сексуальное и психологическое насилие, пережи- тое в детстве и отрочестве;
разработать программы для работы с лицами, совершившими насилие в отношении жен- щин, как во время, так и после отбытия ими наказания во избежание повторных право- нарушений;
обеспечивать лечение, психологическую помощь и курсы подготовки, а также другие меры для предотвращения повторных страданий и травм, в том числе во время судебных про- цессов.
4. Поручает исполнительным структурам ОБСЕ в рамках их мандатов:
совершенствовать сотрудничество с соответствующими партнерами из международных и региональных организаций в усилиях по сбору дифференцированной по полу инфор- мации и статистических данных о проявлении всех форм насилия в отношении женщин в регионе ОБСЕ;
оказывать государствам-участникам, по их просьбе, содействие в предпринимаемых ими усилиях по продвижению всесторонних, действенных и основанных на фактах подходов к борьбе со всеми формами насилия в отношении женщин, включая сексуальное и быто- вое насилие, и более эффективно удовлетворять потребности всех жертв.
(С) Защита
5. Рекомендует государствам-участникам:
обеспечить, чтобы жертвы всех форм насилия в отношении женщин получали своевремен- ную и адекватную информацию о доступных правовых средствах и службах поддержки, таких, как кризисные центры, приюты или другие соответствующие структуры для жертв сексуального насилия, а также медицинскую помощь, и обеспечить, чтобы они были лег- кодоступными;
продвигать программы и деятельность по расширению прав и возможностей женщин, став- ших жертвами насилия, и оказанию им поддержки.
6. Поручает исполнительным структурам ОБСЕ в рамках их мандатов:
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оказывать государствам-участникам, по их просьбе, содействие в укреплении своего потен- циала по защите жертв насилия в отношении женщин:
содействовать обмену между государствами-участниками информацией, опытом и приме- рами лучшей практики, касающимися защиты;
предоставлять государствам-участникам, которые просят об этом, техническую помощь в создании служб поддержки, таких, как горячие телефонные линии, кризисные центры и т. д.;
предлагать государствам-участникам специализированные учебные курсы для соответству- ющих специалистов из заинтересованных государств-участников, занимающихся жертвами или лицами, виновными в совершении всех форм насилия в отношении женщин, включая сексуальное и бытовое насилие.
(D) Уголовное преследование
7. Рекомендует государствам-участникам:
наращивать усилия по расследованию, уголовному преследованию и наказанию лиц, вино- вных в совершении всех форм насилия в отношении женщин, и предоставлять жертвам защиту и соответствующие средства правовой защиты;
обеспечить разработку и эффективное осуществление законодательства, криминализиру- ющего насилие в отношении женщин и предусматривающего профилактические и защит- ные меры, такие, как вынесение постановлений о запрещении контактов в чрезвычайных случаях и постановлений о защите, там, где они существуют, а также расследование и пере- дачу виновных в руки правосудия для уголовного преследования и соответствующего нака- зания, в том числе с целью прекращения безнаказанности.
(Е) Партнерство
8. Рекомендует государствам-участникам:
разработать всеобъемлющую и скоординированную национальную политику, направлен- ную на борьбу со всеми формами насилия в отношении женщин, охватывающую все соот- ветствующие структуры, такие, как правоохранительный и судебный сектор, парламенты, национальные правозащитные институты, службы здравоохранения и социального обе- спечения, а также организации гражданского общества.
9. Поручает исполнительным структурам ОБСЕ в рамках их мандатов:
расширять сотрудничество с соответствующими партнерами из международных и реги- ональных организаций;
облегчать обмен информацией, опытом и примерами лучшей практики между государства- ми-участниками и всеми соответствующими заинтересованными сторонами в отношении борьбы со всеми формами насилия в отношении женщин.
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Решение № 8/14
Дополнение к плану действий ОБСЕ 2004 года по поддержке гендерного равенства
Совет министров,
вновь подтверждая все соответствующие принятые в рамках ОБСЕ обязательства, и в част- ности План действий ОБСЕ 2004 года по поддержке гендерного равенства (MC.DEC/14/04),
признавая прогресс, достигнутый в осуществлении Плана действий ОБСЕ 2004 года по поддержке гендерного равенства за время после его принятия,
признавая, что, как отмечалось на состоявшейся в Вене в июле 2014 года Обзорной конфе- ренции высокого уровня по гендерному равенству, этот продолжающийся процесс требует дальнейшего совершенствования в увязке как с прогрессом, так и с недочетами в выполне- нии соответствующих обязательств по ОБСЕ,
поручает государствам-участникам:
разработать Дополнение к Решению № 14/04 Совета Министров о Плане действий по под- держке гендерного равенства для представления его на утверждение Постоянному совету в 2015 году.
428 Документ двадцать второй встречи Совета министров Белград, 2015 г.
I. Заявления и декларации Совета министров
Декларация министров о предупреждении насильственного экстремизма и радикализации, ведущих к терроризму, и противодействии им
Мы, министры иностранных дел государств – участников Организации по безопасности и сотрудничеству в Европе,
ссылаясь на соответствующие документы ОБСЕ, принятые в области противодействия терроризму (…),
подчеркивая свое решительное и безусловное осуждение терроризма и насильственного экстремизма, а также свою глубокую солидарность со всеми жертвами терроризма,
вновь подтверждая обязательство государств-участников работать совместно
с целью предотвращения, пресечения и расследования связанных с терроризмом актов и судебного преследования виновных, включая их финансирование, и подчеркивая свою твердую решимость бороться с терроризмом во всех его формах и проявлениях как престу- плением, не имеющим никакого оправдания, независимо от его мотивов и происхождения, а также то, что терроризм и насильственный экстремизм не могут и не должны ассоцииро- ваться с какой-либо расой, этносом, национальностью или религией,
выражая особую озабоченность тем, что молодежь, включая детей, подвергается радика- лизации, ведущей к терроризму, и вербуется в качестве иностранных боевиков- террори- стов, и признавая важность работы с молодежью с целью предупреждения радикализации молодежи, ведущей к терроризму, и противодействия ей,
решительно осуждая проявления нетерпимости, в том числе на основе религии или убежде- ний, вновь заявляя о стремлении государств-участников способствовать обеспечению тер- пимости и недискриминации, взаимного уважения и взаимопонимания в их обществах, и вновь подтверждая свое обязательство поощрять и защищать права человека и основ- ные свободы, включая свободу выражения мнений и свободу мысли, совести, религии и убеждений,
выражая глубокую озабоченность тем фактом, что некоторые серьезные преступления, совершенные террористами или террористическими группами, включая иностранных бое- виков-террористов, были направлены против лиц и групп, исходя из их этнического проис- хождения, религии или убеждений, и отмечая роль, которую дискриминация и нетерпимость
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могут играть в разжигании насильственного экстремизма и радикализации, ведущих к тер- роризму,
подчеркивая обязательство государств-членов принимать меры, необходимые для защиты каждого, кто находится под их юрисдикцией, от террористических актов, и решительно бороться с терроризмом и иностранными боевиками-террористами, (…) в поддержку наших соответствующих обязательств в рамках ОБСЕ и в соответствии с применимыми обяза- тельствами по международному праву, включая международное право прав человека, меж- дународное беженское и международное гуманитарное право,
решительно осуждая уничтожение объектов культурного наследия и религии, включая целенаправленное уничтожение объектов всемирного наследия ЮНЕСКО, террористами, иностранными боевиками-террористами, связанными с ИГИЛ и другими террористиче- скими группами,
признавая ведущую роль Организации Объединенных Наций в международных усилиях по предупреждению терроризма и насильственного экстремизма и противодействию им и приверженность государств-участников полному осуществлению Глобальной контртер- рористической стратегии ООН,
руководствуясь своей убежденностью в том, что борьба с терроризмом и насильственным экстремизмом в соответствии с принятыми в рамках ОБСЕ принципами и обязательствами требует всеобъемлющих непрерывных усилий по устранению как проявлений терроризма, так и различных социально-экономических, политических и иных факторов, способных создавать условия, в которых террористические организации могли бы заниматься вер- бовкой и получать поддержку,
вновь подтверждая обязательство государств-участников осуществлять обмен идеями и примерами передовой национальной практики, касающимися их стратегий и мер по про- тиводействию насильственному экстремизму и радикализации, ведущим к терроризму, с целью расширения практического сотрудничества,
отмечая тот факт, что радикализация, ведущая к терроризму, и вербовка террористами могут происходить в тюрьмах, и поэтому подтверждая важность, соответственно, разра- ботки международных руководящих принципов в отношении реинтеграции, реабилита- ции и предупреждения радикализации, ведущей к терроризму, в тюрьмах и обмена ими,
обращая особое внимание на то, что государства-участники играют главную роль в преду- преждении терроризма и насильственного экстремизма и противодействии им, уважая свои обязательства по международному праву,
подчеркивая важную роль, которую молодежь, семьи, женщины, жертвы терроризма, лидеры в сферах религии, культуры и образования, гражданское общество, а также средства массо- вой информации могут играть в противодействии распространению идей насильственного экстремизма, которые могут подталкивать к совершению террористических актов, и в устра- нении условий, способствующих распространению терроризма, в частности, путем поощ- рения взаимного уважения и взаимопонимания, примирения и мирного сосуществования культур, а также путем продвижения и защиты прав человека, основных свобод, демокра- тических принципов и верховенства права, (…)
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призываем государства-участники:
1. Продолжить наращивание своих усилий по предупреждению насильственного экстре- мизма и радикализации, ведущих к терроризму, в своих странах и противодействию им, придерживаясь многоизмеренческого подхода, и в связи с этим использовать, когда это целесообразно и где необходимо, исполнительные структуры ОБСЕ, включая полевые опе- рации в рамках их соответствующих мандатов;
2. Укреплять свои усилия по противодействию финансированию терроризма и его пре- сечению (…), а также в поддержку обязательств в рамках ОБСЕ, подчеркивая, что любые источники дохода поддерживают деятельность по вербовке и укрепляют оперативную спо- собность организовывать и осуществлять террористические акты;
3. Принять меры, которые могут оказаться необходимыми и целесообразными и отвечать их обязательствам по международному праву, в том числе в отношении прав человека и основных свобод, законодательно запретить подстрекательство к совершению террори- стического акта или актов и предотвращать такое поведение;
4. Сотрудничать в предупреждении насильственного экстремизма и радикализации, веду- щих к терроризму, и в противодействии им, в частности, путем укрепления потенциала, координации планов и действий и обмена приобретенным опытом, в том числе в ликви- дации каналов поставок оружия террористам, предупреждении радикализации, ведущей к терроризму, вербовки и мобилизации отдельных лиц в качестве террористов, в том числе в качестве иностранных боевиков-террористов;
5. Рассмотреть в случае необходимости вопрос о разработке и обновлении националь- ных контртеррористических стратегий и планов действий, в том числе конкретной поли- тики и мер по предупреждению насильственного экстремизма и радикализации, ведущих к терроризму, и противодействию им в порядке выполнения обязательств в рамках ОБСЕ и в соответствии со своими обязательствами по международному праву, включая право прав человека;
6. Поощрять использование на всех уровнях всеобъемлющего подхода в предупреждении насильственного экстремизма и радикализации, ведущих к терроризму, и противодействии им, включая координацию действий между национальными властями, сотрудничество между государствами участниками и взаимодействие с соответствующими международ- ными и региональными организациями;
7. Содействовать обмену данными исследований и информацией об условиях, способству- ющих распространению насильственного экстремизма и радикализации, ведущих к тер- роризму, и о способах противодействия им;
8. Рекомендовать политическим лидерам и общественным деятелям, включая гражданское общество и религиозных лидеров, содействовать предупреждению насильственного экс- тремизма и радикализации, ведущих к терроризму, и противодействию им, решительно и незамедлительно выступая против насильственного экстремизма и радикализации, веду- щих к терроризму;
9. По мере необходимости и далее поощрять в борьбе с терроризмом государственно-частное партнерство государственных властей, частного сектора, гражданского общества, членов или представителей религиозных общин и средств массовой информации в соответствии,
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в частности, с Решением № 10/08 Совета министров с целью противодействия подстрекатель- ству к терроризму и насильственному экстремизму и радикализации, ведущим к терроризму;
10. Наращивать международное сотрудничество и государственно-частное партнерство в разработке практических мер по противодействию использованию Интернета и других средств для целей подстрекательства к насильственному экстремизму и радикализации, ведущим к терроризму, и для вербовки иностранных боевиков-террористов. Подобное международное сотрудничество и государственно- частное партнерство могли бы спо- собствовать просветительской деятельности по противодействию обмену идеями насиль- ственного экстремизма, в том числе через социальные СМИ, при полном уважении права на свободу убеждений и их выражения;
11. Рассмотреть вопрос о выработке подходов, предусматривающих взаимодействие поли- ции с местным населением, с целью предупреждения терроризма и противодействия насиль- ственному экстремизму и радикализации, ведущим к терроризму, в том числе на местном уровне, в соответствии с национальным законодательством и международным правом;
12. Поощрять открытый и транспарентный межкультурный, межконфессиональный и межрелигиозный диалог и сотрудничество с целью содействия, в частности, повыше- нию терпимости, взаимного уважения и взаимопонимания на местном, национальном, региональном и международном уровне;
13. Учитывать гендерные аспекты1 в своей деятельности по борьбе с терроризмом и по предупреждению насильственного экстремизма и радикализации, ведущих к терроризму, и противодействию им с акцентом на расширение прав и возможностей женщин и участие женщин, а также мужчин в этой деятельности;
14. Привлекать молодежь и расширять ее права и возможности в предупреждении насиль- ственного экстремизма и радикализации, ведущих к терроризму, и противодействии им, в частности, путем: (а) создания для молодежи благоприятных условий и возможностей для добровольного и свободного участия в общественной жизни и в деятельности по поощрению прав чело- века, основных свобод, демократических принципов, верховенства права, терпимости, недискриминации, диалога, взаимного уважения и взаимопонимания и для облегчения их доступа к социальным услугам; (b) поддержки молодежи, которая готова вносить свой вклад в эту деятельность, с исполь- зованием учебно-просветительских программ в школах и высших учебных заведениях; (c) поддержки молодежных и ориентированных на молодежь информационно- просве- тительских инициатив по предупреждению и противодействию ее радикализации, веду- щей к терроризму, и поощрению уважения прав человека, основных свобод, терпимости и недискриминации, в том числе с использованием Интернета и социальных СМИ; (d) содействия развитию программ по облегчению доступа молодежи к занятости;
15. Рассмотреть вопрос о поддержке деятельности ОБСЕ по всем трем измерениям безопас- ности, в том числе с помощью добровольных финансовых взносов, которая способствует глобальным усилиям по предупреждению насильственного экстремизма и радикализации, ведущих к терроризму, и противодействию им, при признании ведущей роли Организа- ции Объединенных Наций;
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16. Предложить партнерам по сотрудничеству ОБСЕ активно взаимодействовать с нами с целью углубления нашего диалога и сотрудничества в предупреждении насильствен- ного экстремизма и радикализации, ведущих к терроризму, и противодействии им, уважая и защищая в этом контексте права человека и основные свободы, предупреждая прояв- ления и противодействуя проявлениям нетерпимости и дискриминации, в том числе на основе религии или убеждений, ксенофобии и насилия, а также в поощрении межконфес- сионального, межрелигиозного и межкультурного диалога, принимая во внимание Амман- скую декларацию о молодежи, мире и безопасности от 22 августа 2015 года, и рекомендовать партнерам по сотрудничеству и далее эффективно использовать принятые в ОБСЕ прин- ципы, нормы и обязательства, а также ее соответствующий инструментарий;
17. Мы призываем парламентариев продолжать вести диалог с целью укрепления законо- дательства, имеющего принципиальное значение в борьбе с терроризмом, и обеспечения солидарности с жертвами терроризма, а также предлагаем им решительно и незамедли- тельно выступать против нетерпимости, дискриминации, терроризма и насильственного экстремизма и радикализации, ведущих к терроризму;
призываем соответствующие исполнительные структуры ОБСЕ в рамках их соответству- ющих мандатов и имеющихся ресурсов:
18. Продолжать, по мере необходимости, оказывать государствам-участникам, по их просьбе, свою поддержку в предупреждении насильственного экстремизма и радикализации, веду- щих к терроризму, и противодействии им, придерживаясь многоизмеренческого подхода, в том числе в отношении молодежи;
19. Содействовать обмену практическим опытом и примерами надлежащей практики и, по запросу, оказывать соответствующую помощь, в частности: (а) поощрять обмен данными исследований и информацией об условиях, способствующих насильственному экстремизму и радикализации, ведущих к терроризму, а также о спосо- бах противодействия им; (b) разрабатывать, если необходимо, национальные стратегии и планы действий по борьбе с терроризмом, включая политику и меры по противодействию насильственному экстре- мизму и радикализации, ведущим к терроризму; (с) учитывать гендерные аспекты в контексте предупреждения насильственного экстремизма и радикализации, ведущих к терроризму, и противодействия им с акцентом, в частности, на права и возможности женщин и участие женщин, а также мужчин в этой деятельности; (d) оказывать государствам-участникам помощь в налаживании, в случае необходимости в партнерстве с гражданским обществом и частным сектором, практической деятельности по поддержке в выработке политики, подходов и стратегий для предупреждения насиль- ственного экстремизма и радикализации, ведущих к терроризму, и противодействия им; (e) поощрять, по мере необходимости, обмен примерами передовой практики и изучить вопрос о возможной разработке международных руководящих принципов, касающихся реа- билитации, реинтеграции и предупреждения террористической радикализации в тюрьмах; (f) использовать подходы, предусматривающие взаимодействие полиции с местным населе- нием, для предупреждения терроризма и противодействия насильственному экстремизму и радикализации, ведущим к терроризму; (g) поощрять сотрудничество между экспертами из правительства, гражданского обще- ства, научного сообщества, средств массовой информации и частного сектора с целью
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предупреждения насильственного экстремизма и радикализации, ведущих к терроризму, и противодействия им; (h) укреплять роль гражданского общества, женщин, молодежи и религиозных лидеров в предупреждении насильственного экстремизма и радикализации, ведущих к терроризму, и противодействии им; (i) поощрять и защищать права человека и основные свободы, а также верховенство права в контексте мер по предупреждению терроризма и противодействию насильственному экс- тремизму и радикализации, ведущим к терроризму; (j) устранять негативные социально-экономические факторы в контексте предупреждения терроризма и противодействия насильственному экстремизму и радикализации, ведущим к терроризму; (k) поддерживать образовательно-просветительские инициативы и прочие меры по поощ- рению терпимости, недискриминации и ненасилия и повышать осведомленность обще- ственности о ксенофобских стереотипах, нетерпимости и дискриминации и бороться с ними в рамках усилий по предупреждению насильственного экстремизма и радикализа- ции, ведущих к терроризму, и противодействию им; (l) признать роль средств массовой информации в пропаганде плюралистических дискус- сий и поощрять профессионализм и добровольное саморегулирование в СМИ с целью воспитания терпимости к этническому, религиозному, языковому и культурному разноо- бразию и предупреждения насильственного экстремизма и радикализации, ведущих к тер- роризму, и противодействия им при уважении независимости и свободы средств массовой информации;
20. Сотрудничать с Организацией Объединенных Наций и другими соответствующими международными и региональными организациями и инициативами, чтобы избежать дублирования усилий и максимально увеличить синергию в области предупреждения насильственного экстремизма и радикализации, ведущих к терроризму, и противодей- ствия им;
21. Оказывать поддержку партнерам по сотрудничеству в соответствии с определенными ими потребностями и приоритетами, как об этом говорится в Решении № 5/11 Совета мини- стров о партнерах по сотрудничеству, а также согласно установленным процедурам и при наличии соответствующей просьбы; (…)
Декларация министров о молодежи и безопасности
Мы, члены Совета министров Организации по безопасности и сотрудничеству в Европе, напоминаем о принятых в рамках ОБСЕ обязательствах, касающихся молодежи, которые основаны на соответствующих положениях хельсинкского Заключительного акта.
Мы принимаем к сведению предпринятые нынешним и предыдущими председательствами ОБСЕ усилия и подчеркиваем важность содействия выполнению принятых в рамках ОБСЕ обязательств, касающихся молодежи, особенно в сфере образования, и повышения той роли, которую способна сыграть молодежь в деле оказания государствам-участникам поддержки в выполнении принятых в рамках ОБСЕ обязательств во всех трех измерениях ОБСЕ.
Мы сознаем, что молодежь и дети нуждаются в особом внимании и что следует всесторонне учитывать их нужды, озабоченности и интересы.
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Декларация министров о наращивании усилий ОБСЕ по борьбе с терроризмом в свете недавних атак террористов
Мы, министры иностранных дел государств – участников Организации по безопасности и сотрудничеству в Европе, потрясены произошедшими в разных частях региона ОБСЕ и вблизи него в 2015 году нападениями террористов на мирных граждан, повлекшими чело- веческие жертвы; мы приносим искренние соболезнования семьями погибших, а также ставшим объектами этих нападений народам и правительствам и желаем скорейшего выз- доровления пострадавшим.
Мы безоговорочно и самым решительным образом осуждаем все террористические напа- дения, в том числе неизбирательное убийство гражданских лиц и преднамеренные напа- дения на отдельных лиц и общины, в частности, по признаку их религии или убеждений, в том числе совершаемые «Исламским государством Ирака и Леванта», также известным как «ДАИШ» (ИГИЛ/ДАИШ), Фронтом «Ан-Нусра» (ФАН) и всеми другими лицами, груп- пами, предприятиями и организациями, связанными с «Аль-Каидой», которые представ- ляют собой беспрецедентную глобальную угрозу международному миру и безопасности.
Мы вновь подтверждаем, что терроризм во всех его формах и проявлениях представляет собой одну из самых серьезных угроз международному миру и безопасности и что любые акты терроризма являются преступными и не имеющими оправдания деяниями, независимо от их мотивов, когда бы и кем бы они ни совершались, и что терроризм не может и не дол- жен ассоциироваться с какой-либо расой, религией, национальностью или цивилизацией.
Мы твердо намерены наращивать свои усилия в противодействии угрозе терроризма, в том числе угрозе со стороны иностранных боевиков-террористов, (…) (…)
Мы вновь подтверждаем свое обязательство сохранять единство в борьбе с терроризмом и вести совместную работу с целью предупреждения и пресечения террористических актов, а также устранять условия, способствующие распространению терроризма, посредством усиления международной солидарности и сотрудничества при полном признании централь- ной роли Организации Объединенных Наций, в соответствии с Уставом ООН и другими обязательствами согласно применимым нормам международного права, в частности, меж- дународного права прав человека, международного беженского и международного гумани- тарного права, а также путем осуществления в полной мере резолюций Совета Безопасности ООН и Глобальной контртеррористической стратегии ООН.
Мы подчеркиваем, что уважение прав человека, основных свобод и верховенства права, являющееся одной из важнейших составляющих успешного противодействия терроризму, и эффективные контртеррористические меры дополняют и усиливают друг друга, и отме- чаем важность уважения верховенства права для эффективного предупреждения терро- ризма и борьбы с ним.
Мы подтверждаем свою решимость и свое политическое обязательство всемерно сотруд- ничать в предупреждении терроризма и противодействии ему в соответствии со своими обязательствами по международному праву для того, чтобы находить, отказывать в убе- жище и передавать правосудию на основании принципа «выдать или предать суду» любое лицо, которое оказывает поддержку, содействие, принимает участие или пытается прини- мать участие в финансировании, планировании, подготовке или совершении террористи- ческих актов или предоставлении убежища.
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Мы подчеркиваем, что терроризм можно победить лишь с помощью последовательного и всеобъемлющего подхода, предполагающего активное участие и взаимодействие всех государств-участников и соответствующих международных и региональных организаций, а также, в соответствующих случаях, гражданского общества, в сдерживании, ослаблении, локализации и нейтрализации террористической угрозы. (…)
Мы убеждены, что борьба с терроризмом в соответствии с принятыми в ОБСЕ принци- пами и обязательствами требует всеобъемлющих непрерывных усилий по устранению как проявлений терроризма, так и различных социально-экономических, политических и иных факторов, способных создавать условия, в которых террористические организации могли бы заниматься вербовкой и получать поддержку, и признаем при этом, что ни одно из этих условий не может служить оправданием или обоснованием актов терроризма.
Мы вновь подтверждаем непреклонную решимость государств-участников отстаивать фун- даментальные принципы, на которых зиждется ОБСЕ, и выполнять все принятые в рамках ОБСЕ обязательства, особенно те, которые связаны с предупреждением терроризма и борь- бой с ним, включая феномен иностранных боевиков-террористов, с противодействием насильственному экстремизму и радикализации, ведущим к терроризму, уважением прав человека и верховенства права и содействием обеспечению терпимости и недискримина- ции, взаимного уважения и взаимопонимания в наших обществах.
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I. Заявления и декларации Совета министров
Декларация о наращивании усилий ОБСЕ по предупреждению терроризма и противодействию ему
1. Мы, министры иностранных дел государств – участников Организации по безопасно- сти и сотрудничеству в Европе, самым решительным образом осуждаем все террористи- ческие атаки, произошедшие в разных частях региона ОБСЕ, соседних регионах и во всем мире, в том числе в 2016 году. Мы вновь подтверждаем свою солидарность с жертвами тер- роризма и подчеркиваем необходимость укреплять международную солидарность в ока- зании им поддержки и обеспечивать достойное и уважительное отношение к ним. Мы приносим искренние соболезнования семьям погибших, а также ставшим объектами этих нападений народам и правительствам.
2. Мы безоговорочно осуждаем и выражаем возмущение неизбирательным убийством гражданских лиц и преднамеренными нападениями на них, бесчисленными зверствами, преследованием отдельных лиц и общин, в том числе по признаку их религии или убежде- ний, осуществляемыми террористическими организациями, в частности т. н. Исламским государством Ирака и Леванта, также известным как «ДАИШ» (ИГИЛ/ДАИШ), «Аль-Ка- идой», ФАН/Джебхат Фатах аш-Шам и связанными с ними лицами, группами, предприя- тиями и организациями.
3. Мы вновь подтверждаем, что терроризм во всех его формах и проявлениях представляет собой одну из самых серьезных угроз международному миру и безопасности и что любой акт терроризма является преступным и не имеющим оправдания деянием, независимо от его мотивов, и что терроризм не может и не должен ассоциироваться с какой-либо расой, религией, национальностью или цивилизацией.
4. Мы подчеркиваем центральную роль Организации Объединенных Наций в предупреж- дении терроризма и противодействии ему и решительно подтверждаем свое обязательство принимать меры, необходимые для защиты каждого, кто находится под нашей юрисдик- цией, от террористических актов, и необходимость того, чтобы все действия осуществля- лись в соответствии с Уставом ООН и всеми другими соответствующими обязательствами по международному праву, в частности международному праву прав человека, международ- ному беженскому и международному гуманитарному праву, а также согласно соответству- ющим резолюциям Совета Безопасности ООН. В соответствии с этими документами мы подчеркиваем важность наших обязательств в рамках Глобальной контртеррористической стратегии ООН. Мы также принимаем к сведению соответствующие документы о передо- вой практике, принятые Глобальным контртеррористическим форумом.
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5. Мы напоминаем о всех соответствующих документах, принятых ОБСЕ при предшествую- щих председательствах в области предупреждения терроризма и противодействия ему. (…)
6. Мы подчеркиваем, что государства-участники играют главную роль в предупрежде- нии терроризма, а также насильственного экстремизма и радикализации, ведущих к тер- роризму (НЭРВТ), и в противодействии им, выполняя при этом свои обязательства по международному праву, в том числе касающиеся прав человека и основных свобод. Мы однозначно подтверждаем свою решимость и обязательство сохранять единство в преду- преждении терроризма и противодействии ему путем усиления международной солидар- ности и сотрудничества на всех соответствующих уровнях с помощью последовательного и всеобъемлющего подхода, предполагающего активное участие и взаимодействие всех государств-участников и соответствующих международных и региональных организа- ций. Мы сознаем, что государства-участники должны принимать меры, соответствующие их обязательствам в рамках ОБСЕ, и, обеспечивая опору на собственные силы, устранять условия, способствующие распространению терроризма, признавая при этом, что ни одно из этих условий не может служить оправданием или обоснованием актов терроризма. В связи с этим мы признаем необходимость нейтрализации угрозы, которую представляют собой идеологемы, используемые террористами, в частности, для публичного оправдания терроризма, подстрекательства и вербовки, и призываем государства-участники к взаи- модействию с целью разработки наиболее эффективных мер реагирования в соответствии с нормами международного права, включая международное право прав человека. (…)
8. Мы вновь подтверждаем, что те, кто участвует в финансировании, планировании, под- готовке или совершении террористических актов либо в пособничестве им, должны при- влекаться к ответственности и передаваться правосудию на основании принципа «либо выдай, либо суди» в соответствии с обязательствами по международному праву, а также применимыми нормами внутреннего законодательства. Мы подтверждаем свою решимость и обязательство всемерно сотрудничать в предупреждении терроризма и противодействии ему, уважая при этом права человека и основные свободы и соблюдая свои обязательства по международному праву. Мы призываем государства к сотрудничеству в усилиях по ней- трализации угрозы, создаваемой террористами, включая иностранных боевиков- террори- стов и террористов-возвращенцев, в частности, путем разработки и реализации стратегий реабилитации и реинтеграции после уголовного преследования.
9. Мы подчеркиваем ключевое значение обмена информацией, особенно в том, что каса- ется иностранных боевиков-террористов, похищенных или утерянных проездных доку- ментов, огнестрельного оружия, разграбленных или похищенных культурных ценностей, таких, как предметы антиквариата, и призываем все государства в полной мере использо- вать имеющиеся многосторонние и двусторонние механизмы и системы обмена данными.
10. Мы подчеркиваем важность сотрудничества между государствами – участниками ОБСЕ, в том числе с привлечением, где это целесообразно, гражданского общества, в целях пред- упреждения терроризма и противодействия ему. Мы также подчеркиваем важную роль, которую может играть в предупреждении НЭРВТ гражданское общество, и в частности молодежь, семьи, женщины, лица, пострадавшие от терроризма, лидеры в сферах рели- гии, культуры и образования, а также СМИ и частный сектор, в том числе путем про- тиводействия распространению идеологии терроризма и насильственного экстремизма и популяризации альтернатив этой идеологии, среди прочего в Интернете, социальных сетях и других медиа. Мы рекомендуем политическим лидерам и общественным деяте- лям, в том числе представляющим гражданское общество, а также религиозным лидерам
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решительно и незамедлительно выступать против насильственного экстремизма и ради- кализации, ведущих к терроризму. (…)
12. Мы приветствуем деятельность, осуществляемую исполнительными структурами ОБСЕ, в том числе ее институтами, в рамках существующих мандатов и имеющихся ресурсов с целью поддержки выполнения принятых в ОБСЕ обязательств в области предупрежде- ния терроризма и противодействия ему согласно всеобъемлющему подходу ОБСЕ к без- опасности.
13. Мы предлагаем партнерам ОБСЕ по сотрудничеству присоединиться к нам в приня- тии этой декларации.
II. Решения Совета министров
Решение № 3/16
Роль ОБСЕ в управлении перемещением больших групп мигрантов и беженцев
Совет министров,
признавая весомость связанных с безопасной, упорядоченной и регулируемой миграцией выгод и благоприятных возможностей, которые зачастую недооцениваются, отмечая при этом, что нерегулируемое перемещение больших групп мигрантов нередко порождает сложные вызовы, а также признавая весомый экономический и социальный вклад, кото- рый мигранты и беженцы способны внести в обеспечение инклюзивного роста и устой- чивого развития,
признавая ведущую роль Организации Объединенных Наций,
приветствуя предпринятые сербским и немецким председательствами ОБСЕ с 2015 года усилия по поиску в ОБСЕ путей решения проблем, связанных с более эффективным управ- лением этими перемещениями,
отмечая многие конкретные меры, касающиеся миграции и беженцев, которые уже были предприняты исполнительными структурами ОБСЕ в рамках их существующих мандатов, а также государствами-участниками в порядке выполнения действующих обязательств в рамках ОБСЕ, соответствующих документов Организации Объединенных Наций и наци- ональных стратегий,
опираясь на итоги углубленных дискуссий, проведенных в ОБСЕ, (…) (…)
2. Побуждает исполнительные структуры ОБСЕ продолжить в рамках имеющихся у них мандатов и ресурсов свою работу по проблеме миграции, в том числе путем наращивания деятельности, ведущей к обмену передовым опытом и активизации диалога и сотрудниче- ства с партнерами по сотрудничеству, так чтобы эта работа дополняла деятельность, которая ведется другими соответствующими международными организациями и учреждениями;
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3. Побуждает государства-участники использовать, среди прочего, площадку ОБСЕ, в том числе соответствующие рабочие органы Организации, для дальнейшей работы над пробле- мами, связанными с миграцией, там, где ОБСЕ наработан собственный экспертный потен- циал, и активизировать диалог по вопросам, касающимся миграции, в части разработки возможных эффективных мер и совместных подходов к их решению.
Решение № 4/16
Совершенствование надлежащего управления и повышение взаимосвязанности
Совет министров,
вновь подтверждая актуальность и свое полное уважение всех принятых в рамках ОБСЕ норм, принципов и обязательств, касающихся нашего сотрудничества в области эконо- мико-экологического измерения, и принимая во внимание всеобъемлющий подход ОБСЕ к безопасности,
подтверждая принятые в ОБСЕ обязательства по борьбе с коррупцией, (…) (…)
признавая, что надлежащее управление, транспарентность и подотчетность являются необ- ходимыми условиями для экономического роста, торговли, инвестиций и устойчивого раз- вития, способствуя тем самым обеспечению стабильности, безопасности и уважения прав человека в регионе ОБСЕ,
признавая, что коррупция и отсутствие надлежащего управления являются потенциаль- ными источниками политической напряженности, которая подрывает стабильность и без- опасность государств-участников,
сознавая, что надлежащее управление, верховенство права, предотвращение коррупции, отмывания денег и финансирования терроризма и борьба с ними; надежная нормативная база, включая надлежащую защиту информаторов; государственный сектор, основанный на принципах добросовестности, открытости, транспарентности и подотчетности, а также надлежащее корпоративное управление на основе эффективного менеджмента, должного аудита, отчетности и соблюдения и уважения законов, правил и положений, деловой этики и кодексов поведения, выработанных на основе тесных консультаций с деловыми кругами и гражданским обществом, являются важнейшими компонентами для развития позитив- ного делового и инвестиционного климата в регионе ОБСЕ,
приветствуя тот факт, что почти все государства-участники ратифицировали Конвенцию Организации Объединенных Наций против коррупции (КПК) или присоединились к ней и работают над выполнением вытекающих из Конвенции обязательств, (…)
утверждая, что важными компонентами надлежащего управления являются транспарент- ное распоряжение государственными ресурсами через сильные и отлаженно действующие институты, профессиональная и эффективная гражданская служба, а также разумные про- цедуры составления и исполнения бюджета и государственных закупок,
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признавая важность активного участия частного сектора, включая малые и средние пред- приятия, гражданского общества и средств массовой информации в предупреждении кор- рупции и борьбе с ней и в создании здорового делового и инвестиционного климата,
признавая, что региональные и субрегиональные интеграционные процессы и соглашения об интеграции могут придать мощный импульс развитию торговли и экономики в регионе ОБСЕ, а также в государствах – участниках ОБСЕ, (…)
вновь заявляя, что наше экономическое сотрудничество должно быть основано на солидар- ности, транспарентности, равноправном и исключающем дискриминацию партнерстве, на взаимной подотчетности и полном уважении интересов всех государств – участников ОБСЕ и что, если те или иные действия в экономической сфере имеют негативные последствия для других государств-участников, мы будем стремиться свести их к минимуму в соответ- ствии с нашими международными обязательствами, (…)
признавая важность полного соблюдения государственным и частным сектором трудовых, социальных и экологических стандартов и его вклада в надлежащее управление и устой- чивое развитие, (…)
подтверждая принятые в рамках ОБСЕ существующие обязательства в области надлежа- щего управления, подчеркивая свою решимость бороться с торговлей людьми во всех ее формах и отмечая роль, которую транспарентность и подотчетность в процессе государ- ственных закупок могут играть в предупреждении и пресечении торговли людьми и тру- довой эксплуатации,
Совершенствование надлежащего управления, повышение транспарентности и улучше- ние делового климата
1. Рекомендует государствам-участникам присоединиться к Конвенции Организации Объ- единенных Наций против коррупции (КПК), ратифицировать и выполнять ее и обмени- ваться информацией и примерами лучшей практики в отношении второго цикла процесса обзора хода осуществления КПК, согласно изложенному в КПК;
2. Рекомендует государствам-участникам, когда это целесообразно, осуществлять и соблю- дать другие соответствующие международные стандарты (…) и способствовать более актив- ному участию всех соответствующих заинтересованных сторон, включая гражданское общество и деловое сообщество, в их осуществлении (…);
3. Рекомендует государствам-участникам поощрять обмен между всеми соответствующими заинтересованными сторонами примерами лучшей практики, способствующей надлежа- щему государственному и корпоративному управлению, повышение транспарентности и предупреждение коррупции и борьбу с ней также в области экологии;
4. Призывает государства-участники и далее поощрять добросовестность, подотчетность и экономичность в процессе государственных закупок, обеспечивая также, чтобы частные интересы не оказывали ненадлежащего влияния на решения на соответствующих уровнях
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управления, и обеспечить для участвующих в открытых торгах компаний адекватные тре- бования в отношении транспарентности;
5. Призывает государства-участники упростить доступ к соответствующей правительствен- ной информации путем повышения подотчетности государственного сектора и стимули- рования участия общественности с помощью электронного управления;
6. Поручает соответствующим исполнительным структурам ОБСЕ, включая полевые опе- рации, в рамках их мандатов и имеющихся ресурсов, содействовать наращиванию сотруд- ничества между государствами-участниками, частным сектором и гражданским обществом и активно вовлекать частный сектор и гражданское общество в свою деятельность по совер- шенствованию надлежащего управления, повышению транспарентности и улучшению дело- вого и инвестиционного климата; (…)
Совершенствование надлежащего управления путем соблюдения трудовых, социальных и экологических стандартов
15. Рекомендует государствам-участникам обеспечить безопасные перевозки и торговлю и предотвратить незаконную торговлю согласно соответствующим положениям междуна- родного права и соглашений, сторонами которых являются государства – участники ОБСЕ, и наращивать усилия, направленные на решение таких проблем, как трудовая эксплуата- ция и неэффективность контроля и инспектирования рабочих мест;
16. Предлагает государствам-участникам стремиться к более эффективному применению международно признанных трудовых, социальных и экологических стандартов, принятых в ООН, МОТ и, в соответствующих случаях, в ОЭСР;
17. Рекомендует государствам-участникам во взаимодействии с частным сектором продви- гать рациональные модели потребления и производства, основанные на международно при- знанных трудовых, социальных и экологических стандартах;
18. Поручает соответствующим исполнительным структурам ОБСЕ, включая полевые операции, в рамках их существующих мандатов и имеющихся ресурсов, оказывать госу- дарствам-участникам поддержку в обмене примерами лучшей практики по повышению осведомленности о значении международно признанных трудовых, социальных и эколо- гических стандартов и по совершенствованию надлежащего управления и повышению транспарентности в процессе государственных закупок;
Укрепление государственно-частного партнерства в борьбе с коррупцией, отмыванием денег и финансированием терроризма
19. Рекомендует государствам-участникам обеспечить сотрудничество между правоохрани- тельными и судебными органами и органами финансовой разведки и другими соответству- ющими субъектами, а также между государственным и частным сектором и гражданским обществом, включая средства массовой информации, в борьбе с коррупцией, отмыванием денег и другими финансовыми преступлениями;
20. Поручает соответствующим исполнительным структурам ОБСЕ, включая полевые операции, в рамках их мандатов и имеющихся ресурсов, содействовать диалогу и сотруд- ничеству между правительствами, частным сектором и гражданским обществом с целью
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поддержки усилий по надлежащему управлению, включая борьбу с коррупцией, отмыва- нием денег и финансированием терроризма, а также с целью устранения препятствий на пути экономического роста и устойчивого развития;
21. Рекомендует партнерам по сотрудничеству на добровольной основе выполнять поло- жения настоящего Решения.
Решение № 5/16
Усилия ОБСЕ по сокращению рисков возникновения конфликтов в результате использования информационных и коммуникационных технологий
Совет министров (…),
вновь подтверждая, что усилия государств – участников ОБСЕ по сокращению рисков воз- никновения конфликтов в результате использования информационных и коммуникаци- онных технологий будут соответствовать: нормам международного права, включая, среди прочего, Устав ООН и Международный пакт о гражданских и политических правах; поло- жениям хельсинкского Заключительного акта; а также их обязательствам, касающимся ува- жения прав человека и основных свобод,
приветствуя резолюцию А/RES/70/237 Генеральной Ассамблеи ООН и подчеркивая акту- альность докладов Группы правительственных экспертов ООН по достижениям в сфере информатизации и телекоммуникаций в контексте международной безопасности за 2010, 2013 и 2015 годы с точки зрения усилий ОБСЕ по сокращению рисков возникновения кон- фликтов в результате использования информационно-коммуникационных технологий,
подчеркивая важное значение принимаемых ОБСЕ мер укрепления доверия с целью сокра- щения рисков возникновения конфликтов в результате использования информационных и коммуникационных технологий в дополнение к нынешним усилиям, предпринимаемым на глобальном, региональном и субрегиональном уровне,
подчеркивая важное значение коммуникации между инстанциями всех уровней для сокра- щения рисков возникновения конфликтов в результате использования информационных и коммуникационных технологий, (…)
1. Одобряет принятие Постоянным советом Решения № 1202 от 10 марта 2016 года о мерах укрепления доверия в рамках ОБСЕ с целью сокращения рисков возникновения конфлик- тов в результате использования информационных и коммуникационных технологий;
2. Подчеркивает важность осуществления ныне действующих в ОБСЕ мер укрепления доверия для сокращения рисков возникновения конфликтов в результате использования информационных и коммуникационных технологий, а также разработки дополнительных мер укрепления доверия (…);
3. Приветствует деятельность государств-участников по осуществлению ныне действующих в ОБСЕ мер укрепления доверия в целях сокращения рисков возникновения конфликтов в результате использования информационных и коммуникационных технологий и отмечает
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в этой связи важность постоянного обновления информации о национальных контактных пунктах для облегчения соответствующей коммуникации и диалога;
4. Побуждает все государства-участники вносить вклад в осуществление принятых в ОБСЕ мер укрепления доверия с целью сокращения рисков возникновения конфликтов в резуль- тате использования информационных и коммуникационных технологий;
5. Отмечает важность эффективного обмена информацией между государствами- участ- никами относительно действующих в ОБСЕ мер укрепления доверия в целях сокращения рисков возникновения конфликтов в результате использования информационных и комму- никационных технологий, и в частности обеспечения оперативной коммуникации между инстанциями технического и политического уровня и определения порядка проведения консультаций с целью уменьшения рисков ошибочного восприятия и возможного возник- новения политической или военной напряженности или конфликта, которые могут стать результатом использования информационных и коммуникационных технологий;
6. Выражает намерение изучить в рамках межизмеренческой неофициальной рабочей группы, учрежденной согласно Решению № 1039 Постоянного совета под эгидой Комитета по безопасности, пути укрепления деятельности ОБСЕ в качестве практической платформы для конструктивного и эффективного выполнения обязательств, а также возможности для разработки дальнейших мер укрепления доверия с целью сокращения рисков возникно- вения конфликтов в результате использования информационных и коммуникационных технологий;
7. Предлагает государствам-участникам внести конкретные предложения на этот счет до 30 июня 2017 года;
8. Побуждает соответствующие исполнительные структуры ОБСЕ, действуя в рамках име- ющихся ресурсов, оказывать государствам-участникам по их просьбе содействие в осу- ществлении принятых в ОБСЕ мер укрепления доверия с целью сокращения рисков возникновения конфликтов в результате использования информационных и коммуника- ционных технологий и укреплять соответствующие национальные потенциалы и процедуры; (…)
10. Подчеркивает, что дальнейшая деятельность ОБСЕ по сокращению рисков возникно- вения конфликтов в результате использования информационных и коммуникационных технологий, включая деятельность соответствующих исполнительных структур ОБСЕ, должна вестись в развитие нынешних усилий Организации, осуществляться в русле соот- ветствующих мандатов и принятых в ОБСЕ обязательств, дополнять усилия Организации Объединенных Наций, международных и прочих региональных форумов и не требовать ресурсов сверх имеющихся;
11. Предлагает партнерам ОБСЕ по сотрудничеству активизировать диалог на тему об уси- лиях по сокращению рисков возникновения конфликтов в результате использования инфор- мационных и коммуникационных технологий.
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Решение № 6/16
Более широкое использование предварительной информации о пассажирах
Мы, министры иностранных дел государств – участников Организации по безопасности и сотрудничеству в Европе,
вновь заявляя о необходимости вести борьбу с терроризмом, который составляет одну из наиболее серьезных угроз международному миру и безопасности, (…) (…)
вновь подтверждая Декларацию Совета министров о роли ОБСЕ в противодействии фено- мену иностранных боевиков-террористов (…), согласно которой государства – участники ОБСЕ обязались предотвращать передвижение иностранных боевиков-террористов с помо- щью эффективных мер пограничного контроля и контроля за выдачей документов, удо- стоверяющих личность, и проездных документов, обмениваться информацией на этот счет и выполнять решения Совета министров №№ 7/03, 4/04, 6/06 и 11/09 о надежности проезд- ных документов, полностью соблюдая при этом свои обязательства по международному праву, включая международное право прав человека и международное беженское право, в том числе заботясь о том, чтобы лица совершившие, организовавшие или содействовав- шие совершению террористических актов, не могли злоупотреблять статусом беженца,
заявляя о своем намерении выявлять и предотвращать передвижение иностранных бое- виков-террористов (…) (…)
постановляет, что государства – участники ОБСЕ обязуются:
1. Создать национальные системы предварительной информации о пассажирах (API) (…) с целью эффективного сбора данных о пассажирах и/или членах экипажа от авиакомпа- ний, действующих на их территории;
2. Рассмотреть вопрос о создании на национальном уровне интерактивной системы обмена данными API (iAPI) с целью предотвратить передвижение иностранных боевиков-терро- ристов (…);
3. (…) Отмечая, что государства несут ответственность за то, чтобы в аэропортах были при- няты надлежащие меры безопасности;
4. Сотрудничать со всеми соответствующими национальными заинтересованными сто- ронами в обеспечении функционирования систем API национального уровня и рассмо- треть вопрос об учреждении единого ведомства, которое получало бы от имени всех других ведомств все виды данных о пассажирах через единую точку ввода данных по принципу «одного окна»;
5. Повысить ценность данных API посредством усилий по введению автоматизированной сверки этих данных с соответствующими национальными, региональными и междуна- родными контрольными списками, в частности с базами данных Интерпола и санкцион- ными перечнями ООН;
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6. Оказывать содействие другим государствам-участникам по их просьбе в создании системы API;
мы поручаем исполнительным структурам ОБСЕ в рамках имеющихся у них соответству- ющих мандатов и ресурсов:
7. Поддерживать предпринимаемые на глобальном уровне усилия по повышению осведом- ленности о зафиксированных в резолюциях 2178 (2014) и 2309 (2016) Совета Безопасности ООН требованиях, касающихся предварительной информации о пассажирах, путем опреде- ления потребностей запрашивающих техническую помощь государств-участников, а также выявления возможностей для оказания донорами помощи в наращивании потенциала;
8. Оказать запрашивающим государствам-участникам поддержку в создании систем API в сотрудничестве с соответствующими международными и региональными организациями.
446 Документ двадцать четвертой встречи Совета министров Вена, 2017 г.
II. Решения Совета министров
Решение № 5/17
Наращивание усилий ОБСЕ по сокращению рисков возникновения конфликтов в результате использования информационно- коммуникационных технологий
Совет министров (…),
отмечая огромные возможности, предоставляемые информационно‑коммуникационными технологиями для социально-экономического развития, а также их всё возрастающую важ- ность для международного сообщества,
признавая, что открытые, безопасные, стабильные, доступные и мирные условия для исполь- зования информационно-коммуникационных технологий служат на благо государств – участников ОБСЕ,
вновь подтверждая, что усилия государств – участников ОБСЕ по сокращению рисков воз- никновения конфликтов в результате использования информационно- коммуникационных технологий будут соответствовать: нормам международного права, (…) а также их обяза- тельствам, касающимся уважения прав человека и основных свобод,
выражая озабоченность в связи с увеличением числа серьезных инцидентов, связанных со злонамеренным использованием информационно-коммуникационных технологий, и под- черкивая, что эти негативные тенденции несут в себе риски для безопасности всех госу- дарств – участников ОБСЕ и их граждан, а также безопасности государственного и частного секторов, (…)
признавая необходимость дальнейшего наращивания усилий ОБСЕ по продолжению укре- пления доверия и сокращению рисков возникновения конфликтов в результате использо- вания информационно-коммуникационных технологий,
постановляет:
1. Продолжить выполнение всех решений о мерах укрепления доверия, принятых ОБСЕ с целью сокращения рисков возникновения конфликтов в результате использования информационно-коммуникационных технологий, чтобы способствовать формированию
447 Вена, 2017 г
открытых, безопасных, стабильных, доступных и мирных условий для использования информационно-коммуникационных технологий в русле принятых в ОБСЕ обязательств;
2. Наметить пути укрепления и оптимизации деятельности ОБСЕ в качестве практической платформы для сокращения рисков возникновения конфликтов в результате использова- ния информационно-коммуникационных технологий при одновременном продолжении работы межизмеренческой неофициальной рабочей группы, учрежденной согласно Реше- нию № 1039 Постоянного совета;
3. Побуждать исполнительные структуры ОБСЕ, действуя в пределах своих мандатов и имеющихся ресурсов, оказывать государствам-участникам по их просьбе содействие в осуществлении принятых в ОБСЕ мер укрепления доверия с целью сокращения рисков возникновения конфликтов в результате использования информационно-коммуникаци- онных технологий и укреплять соответствующие национальные потенциалы и процедуры;
4. Предложить партнерам ОБСЕ по сотрудничеству активизировать диалог на тему об усилиях по сокращению рисков возникновения конфликтов в результате использования информационно-коммуникационных технологий.
Решение № 6/17
Наращивание усилий по предотвращению торговли людьми
Совет министров,
вновь подтверждая, что торговля людьми является тяжким и чудовищным преступлением, которое унижает человеческое достоинство, и что вести борьбу с торговлей людьми следует, твердо опираясь во всем на верховенство права и уважение прав человека,
вновь подтверждая наше самое решительное осуждение всех форм торговли людьми, в том числе в целях трудовой и сексуальной эксплуатации, торговли детьми, принуждения к пре- ступной деятельности, а также изъятия органов, и признавая приоритетность задачи пре- дотвращения таких преступлений,
вновь подтверждая также наше твердое намерение устранять факторы, в результате кото- рых люди чаще становятся объектом торговли людьми, и подчеркивая важность межизме- ренческого всеобъемлющего подхода к борьбе с торговлей людьми, который предполагает необходимость сосредоточивать внимание на принятии эффективных превентивных мер, (…)
вновь заявляя о своей поддержке эффективного выполнения Конвенции Организации Объединенных Наций против транснациональной организованной преступности и допол- няющего ее Протокола о предупреждении и пресечении торговли людьми, особенно жен- щинами и детьми, и наказании за нее в качестве международно- правовой базы для борьбы с торговлей людьми и о важности выполнения Глобального плана действий Организации Объединенных Наций по борьбе с торговлей людьми,
напоминая об актуальности Повестки дня в области устойчивого развития на период до 2030 года, а также Конвенции Организации Объединенных Наций 1989 года о правах
448 Вена, 2017 г
ребенка для тех, кто является ее участником, в контексте предотвращения торговли людьми и борьбы с ней,
отмечая, что углубление сотрудничества и координации действий между судебными и пра- воохранительными органами государств-участников и партнеров по сотрудничеству, вклю- чая эффективные меры по обеспечению безопасности границ и пограничного режима, может способствовать предотвращению торговли людьми, в частности, посредством пре- пятствования деятельности и ликвидации занимающихся ею транснациональных преступ- ных организаций и путем судебного преследования виновных,
подчеркивая важность выполнения применимых международных трудовых норм в контек- сте усилий по предотвращению торговли людьми и принимая во внимание такие междуна- родные договоры в сфере труда (…), где также приведены примеры надлежащей практики предотвращения торговли людьми в целях трудовой эксплуатации,
положительно оценивая усилия государств-участников, которые требуют от подрядчиков, поставляющих товары и услуги государственным органам, принятия надлежащих эффек- тивных мер по противодействию рискам торговли людьми в их производственно-сбытовой цепи, включая меры, нацеленные на недопущение участия субподрядчиков и работников в деятельности, заведомо ведущей к торговле людьми. Положительно оценивая также уси- лия тех государств, которые побуждают частный сектор к анализу рисков торговли людьми в хозяйственной деятельности их собственной и их субподрядчиков и поставщиков с целью обеспечить инициативное противодействие таким рискам с их стороны,
отмечая вклад гражданского общества, в том числе религиозных организаций, в работу по предотвращению торговли людьми и оказанию помощи ее жертвам,
призывает государства-участники:
1. Разработать адресную превентивную политику, основанную, в соответствующих случаях, на углубленных исследованиях и систематически собираемой достоверной информации, в том числе при поддержке со стороны таких национальных механизмов, как националь- ные докладчики – в тех случаях, когда они существуют, – с тем чтобы обеспечить мак- симальный эффект и отдачу от усилий по борьбе с торговлей людьми на национальном и международном уровне;
2. Поощрять диалог и сотрудничество между правительствами, международными органи- зациями, гражданским обществом и частным сектором, включая предприятия, а также – в качестве социальных партнеров – профсоюзами и организациями нанимателей с целью наращивания усилий по предотвращению торговли людьми, в частности, посредством повы- шения осведомленности о роли каждой из сторон, а также посредством содействия обмену информацией о торговле людьми между странами происхождения, транзита и назначения, включая партнеров по сотрудничеству, и признания важности учета мнения жертв тор- говли людьми в контексте выработки эффективных стратегий борьбы с такой торговлей;
3. И далее использовать ОБСЕ в качестве площадки для диалога по вопросам, касающимся сотрудничества судебных и правоохранительных органов, пограничной безопасности и пограничного режима, – как одного из важных элементов предотвращения торговли людьми;
449 Вена, 2017 г
4. Продвигать межучрежденческие, межсекторальные и многосторонние программы нара- щивания потенциала, стимулирующие принятие мер по предотвращению торговли людьми в любых формах, с особым акцентом на факторах, в результате действия которых люди могут стать объектом торговли людьми;
5. Принять надлежащие меры для эффективной борьбы с торговлей людьми посредством разработки согласованных процедур и проведения учебных мероприятий, касающихся, в частности, выявления и защиты жертв торговли людьми, в том числе для работников соответствующих органов, организаций гражданского общества, сотрудников медицин- ских учреждений и социальных работников, а также других лиц, которые могут первыми контактировать с жертвами;
6. Наращивать информационно-просветительские усилия, в том числе в правозащитной области, и разработать и реализовать программы по расширению прав и возможностей, учитывающие особые потребности женщин, мужчин, девочек и мальчиков, в целях укре- пления на уровне общин потенциала по распознаванию и предотвращению случаев тор- говли людьми и борьбы с ней;
7. Следовать ориентированному на интересы жертв, основанному на понимании их трав- матического опыта и – в этом отношении и в соответствии с Решением № 14/06 Совета министров – учитывающему гендерную специфику подходу, предполагающему полное уважение прав человека и основных свобод при проведении любой работы по предупреж- дению и оказанию помощи;
8. Признать важный вклад в предотвращение торговли людьми, который способны вне- сти средства массовой информации, в частности, посредством введения на добровольной основе профессиональных стандартов, требующих ответственного и деликатного освеще- ния случаев торговли людьми;
9. Выявлять и разрабатывать наилучшую практику и обмениваться ее примерами, вклю- чая обозначенные в принятом в 2013 году Добавлении к Плану действий ОБСЕ по борьбе с торговлей людьми «Спустя одно десятилетие», в интересах налаживания между госу- дарственным и частным секторами на национальном и глобальном уровне успешных пар- тнерских связей в сфере борьбы с торговлей людьми, поощрять уважение прав человека и корпоративную социальную ответственность, в том числе посредством проведения обще- ственно-просветительских мероприятий, посвященных риску торговли людьми при про- изводстве и приобретении товаров и оказании услуг;
10. Побуждать частный сектор к введению стратегий и процедур, направленных на пре- дотвращение любых форм торговли людьми, активному участию в коллективных усилиях, повышению осведомленности о рисках торговли людьми и учету передового опыта, такого, как учреждение независимых механизмов мониторинга, контроля и сертификации с целью документального подтверждения факта соблюдения требований и выполнения кодексов поведения или добровольно введенных этических норм, в том числе посредством введения стимулов, побуждающих предприятия проявлять надлежащую осмотрительность и дей- ствовать транспарентно, в интересах недопущения неподобающего обращения и эксплуа- тации работников во всех звеньях их производственно-сбытовой цепи и создания равных условий для ответственных компаний;
11. В дополнение к нормам национального законодательства продвигать стратегии, предпо- лагающие рассмотрение вопроса о выдаче государственных подрядов на поставку товаров
450 Вена, 2017 г
и услуг с учетом того, принимаются ли предприятиями надлежащие эффективные меры по противодействию риску торговли людьми, в том числе в отношении их субподрядчи- ков и работников;
12. Принять надлежащие меры по выявлению и искоренению злоупотреблений и мошен- ничества при наборе персонала и трудоустройстве, которые способны вести к торговле людьми в целях трудовой или сексуальной эксплуатации, принуждения к преступной дея- тельности или к торговле людьми в иных формах, включая меры, способствующие введению четких критериев для официальной регистрации агентств по набору рабочей силы и тру- доустройству, в том числе посредством повышения роли компетентных органов, таких, как инспекторы по труду;
13. Содействовать принятию мер, направленных на предотвращение использования прину- дительного труда дипломатическими сотрудниками и другими работниками дипломатиче- ских миссий, консульских учреждений и международных организаций и противодействие ему, а также мер по продвижению политики абсолютной нетерпимости к торговле людьми со стороны таких работников, принимая во внимание международный передовой опыт, обобщенный, например, в подготовленном ОБСЕ руководстве о том, как не допускать тор- говли людьми в целях подневольного труда в домашнем хозяйстве в семьях дипломатов и защищать частных домашних работников; при этом отмечается, что многие такие меры соответствуют Венским конвенциям о дипломатических и консульских сношениях, а также положениям соглашений о штаб- квартире, заключенных с международными организа- циями, и признается, что в Венских конвенциях предусматривается обязанность уважать законы и постановления государства пребывания, в том числе предназначенные для пре- дотвращения торговли людьми и противодействия ей;
14. Поручить Специальному представителю и координатору ОБСЕ по борьбе с торговлей людьми и, в соответствующих случаях, ее другим занимающимся этой тематикой испол- нительным структурам – в соответствии с их мандатом и в координации со Специальным представителем ОБСЕ – продолжить сотрудничество с Альянсом против торговли людьми и другими региональными и глобальными платформами, в частности с Межучрежденче- ской координационной группой по борьбе с торговлей людьми;
15. Побуждать соответствующие исполнительные структуры – в соответствии с их манда- том и в координации со Специальным представителем и координатором ОБСЕ по борьбе с торговлей людьми – продолжить на основе консультаций с государствами-участниками исследования, нацеленные на проведение мероприятий по наращиванию потенциала в инте- ресах оказания государствам-участникам по их просьбе содействия в разработке стратегий и руководящих принципов, предназначенных для наращивания усилий по предотвраще- нию торговли людьми;
16. Поручить Генеральному секретарю провести обзор существующих стратегий, процедур проведения ревизионных проверок и представления докладов, а также гарантий, касаю- щихся набора персонала, обеспечить, чтобы никакая деятельность исполнительных структур ОБСЕ, в том числе в области выдачи подрядов на поставку товаров и услуг, не способство- вала торговле людьми в любой форме (…).
451 Вена, 2017 г
Решение № 7/17
Наращивание усилий по борьбе со всеми формами торговли детьми, в том числе с целью сексуальной эксплуатации, а также другими формами сексуальной эксплуатации детей
Совет министров, (…)
будучи глубоко встревожен сохранением всех форм торговли детьми, как транснациональ- ной, так и внутренней, включая торговлю детьми с целью сексуальной и трудовой эксплуа- тации, и вновь заявляя о необходимости принятия против этого более решительных мер,
вновь подтверждая, что в принимаемых в отношении детей, ставших объектом торговли или сексуальной эксплуатации, решениях первоочередное внимание уделяется наилуч- шему обеспечению интересов ребенка, а также необходимость уважения особых потребно- стей детей в защите и помощи и принцип предоставления ребенку возможности высказать свое мнение,
испытывая чувство глубокого сожаления о том, что сексуальная эксплуатация детей может привести к серьезным пожизненным последствиям для физического и психического здоро- вья и развития ребенка и во многих случаях является формой торговли людьми,
признавая, что все формы торговли детьми, в том числе с целью сексуальной эксплуатации, а также другие формы сексуальной эксплуатации детей унижают человеческое достоинство и подрывают основы для осуществления прав человека и основных свобод,
считая, что все формы торговли детьми, в том числе с целью сексуальной эксплуатации, а также другие формы сексуальной эксплуатации детей представляют собой тяжкое и гнусное преступление, совершаемое во многих случаях с участием организованной преступности, и что подобные преступления должны предотвращаться, расследоваться, преследоваться и наказываться,
напоминая, что в Дополнении к Плану действий ОБСЕ по борьбе с торговлей людьми 2013 года содержится призыв к государствам-участникам разработать и осуществлять политику и меры, включая сотрудничество между государствами- участниками в правоохранитель- ной области, с целью предотвращения использования индустрии туризма для всех форм торговли людьми, в частности, с целью сексуальной эксплуатации детей,
признавая, что сексуальная эксплуатация детей во время путешествий и туризма с воз- можностью поездок из одной страны в другую является серьезным преступлением и спо- собствует спросу, стимулирующему торговлю детьми с целью сексуальной эксплуатации,
отдавая должное государствам-участникам, которые работают с индустрией путешествий и туризма, включая авиакомпании и другие виды транспорта, а также с гостиницами, гости- ничным бизнесом в более широком плане, гражданским обществом и соответствующими международными организациями с целью предотвращения всех форм торговли детьми, в том числе с целью сексуальной эксплуатации, а также других форм сексуальной эксплу- атации детей и установления и применения процедур для выявления случаев предположи- тельной торговли детьми, информирования о них и разбирательства с ними,
452 Вена, 2017 г
подчеркивая, что информационно-коммуникационные технологии (ИКТ) могут играть позитивную роль в просвещении, развитии и воспитании детей, но могут также неправо- мерно использоваться для облегчения доступа к детям с целью эксплуатации или для разме- щения рекламных объявлений о детях с целью сексуальной эксплуатации и что социальные сети могут неправомерно использоваться для развращения взрослыми детей, которые могут стать объектом сексуальной эксплуатации, а также использования форм торговли детьми,
напоминая о том, что в Дополнении к Плану действий ОБСЕ по борьбе с торговлей детьми 2013 года содержится призыв к государствам-участникам осуществлять подготовку долж- ностных лиц пограничных служб, должностных лиц правоохранительных органов, судей, прокуроров, должностных лиц иммиграционных и иных соответствующих служб в обла- сти использования Интернета и других информационных и коммуникационных техноло- гий в отношении торговли людьми и связанных с ней преступлений, включая все формы торговли детьми и сексуальной эксплуатации детей,
будучи обеспокоен тем, что дети, имеющие в Интернете доступ к порнографии, могут поте- рять восприимчивость к ней и скорее всего стать жертвами или виновниками сексуаль- ной эксплуатации,
принимая во внимание, что за последнее десятилетие были разработаны новые техноло- гии проверки возраста, которые могли бы помочь защитить детей от доступа к порногра- фии в Интернете,
выражая озабоченность по поводу того, что дети в миграционных потоках, в частности, несопровождаемые несовершеннолетние, могут быть особенно уязвимы с точки зрения тор- говли людьми и сексуальной эксплуатации и что специализированные службы, обеспече- ние адекватного уровня безопасности, подготовка и достаточное количество персонала, а также использование женских патрулей могут уменьшить эти риски,
1. Поддерживает сотрудничество между государствами-участниками, международными организациями и гражданским обществом в борьбе со всеми формами торговли детьми, в том числе с целью сексуальной эксплуатации, а также другими формами сексуальной экс- плуатации детей, принимая во внимание их усилия по борьбе с этими преступлениями;
2. Предлагает государствам-участникам принять подход, ориентированный на интересы и посттравматическое состояние жертв, который учитывает соответствующие гендерно обусловленные потребности девочек и мальчиков в целях обеспечения наилучших инте- ресов ребенка и полностью отвечает правам человека и основным свободам детей, ставших жертвами торговли детьми или сексуальной эксплуатации;
3. Призывает государства – участники ОБСЕ, которые еще не сделали этого, рассмотреть такие правовые меры, которые позволят им осуществлять уголовное преследование своих граждан за совершение тяжких преступлений сексуального характера в отношении детей даже в том случае, если эти преступления совершаются в другой стране;
4. Призывает государства – участники ОБСЕ предотвращать все формы торговли детьми и сексуальной эксплуатации детей, в том числе в туристических местах, путем проведения информационно-просветительской деятельности и работать с частным сектором и граж- данским обществом с целью повышения осведомленности об этих проблемах в рамках индустрии туризма, а также среди лиц, совершающих деловые поездки, и туристов с целью
453 Вена, 2017 г
содействия ликвидации спроса, который усугубляет торговлю детьми и сексуальную экс- плуатацию детей;
5. Призывает государства – участники ОБСЕ укреплять сотрудничество и координацию между соответствующими властями, такими, как правоохранительные органы и имми- грационные и пограничные службы государств-участников, партнеров по сотрудниче- ству и государств назначения за пределами региона ОБСЕ, в том числе путем рассмотрения в полном соответствии с национальным законодательством и национальными и междуна- родными механизмами защиты данных таких мер, как:
принятие в отношении виновных таких дополнительных административных мер, как вклю- чение, если это целесообразно, лиц, признанных виновными в сексуальной эксплуатации детей или насилии над ними, в реестр лиц, совершивших преступление на сексуальной почве;
использование, когда необходимо, механизма для транснационального обмена между пра- воохранительными и/или судебными органами информацией о лицах, признанных вино- вными в сексуальной эксплуатации детей или насилии над ними, и/или получения такой информации;
6. Настоятельно призывает государства-участники преследовать в судебном порядке тор- говцев людьми и виновных в сексуальной эксплуатации детей, включая тех, кто неправо- мерно использует информационные и коммуникационные технологии для вербовки детей или облегчения доступа к детям с целью сделать их объектом торговли людьми или сексу- альной эксплуатации, и назначать меры наказания, которые являются эффективными, ока- зывающими сдерживающее воздействие и соразмерными преступлению;
7. Призывает государства-участники, которые еще не делают этого, способствовать при- менению технологий по проверке возраста с целью ограничения доступа детей к порно- графическим вебсайтам;
8. Рекомендует государствам-участникам предложить компаниям, занимающимся инфор- мационными и коммуникационными технологиями и социальными сетями, не допускать онлайновое распространение контента с сексуальным насилием над детьми и защищать детей, ведя борьбу с их развращением торговцами людьми в онлайновом режиме в отно- шении всех форм торговли детьми, а также другой сексуальной эксплуатации детей, в том числе путем разработки новых инструментов и технологий;
9. Призывает государства-участники при необходимости и обеспечивая защиту персо- нальных данных от криминального использования обмениваться данными, касающимися торговли детьми и сексуальной эксплуатации детей, с управляемой Интерполом Между- народной базой визуальных данных о сексуальной эксплуатации детей (ICSE), которая является всемирным центром идентификации жертв и может также помочь в выявлении торговцев людьми и их подельников и отслеживании финансовых потоков с целью ликви- дации криминальных сетей;
10. Призывает государства-участники продолжать наращивать, где это необходимо, специ- альную подготовку должностных лиц пограничных служб, должностных лиц правоох- ранительных органов, судей, прокуроров, должностных лиц иммиграционных и иных соответствующих служб, а также педагогов и медицинских работников в области инфор- мационных и коммуникационных технологий для борьбы со всеми формами торговли людьми, а также другой сексуальной эксплуатацией детей;
454 Вена, 2017 г
11. Рекомендует государствам-участникам повышать осведомленность общественности о уязвимости детей в миграционных потоках ко всем формам торговли детьми, в т. ч. с целью сексуальной эксплуатации, а также другим формам сексуальной эксплуатации детей, нара- щивать потенциал и расширять возможности служб первой помощи по выявлению детей, являющихся жертвами торговли людьми и другой сексуальной эксплуатации, и обеспечи- вать им защиту, а также соответствующую помощь и возможность получения юридиче- ских услуг, а также доступа к эффективным средствам правовой защиты и другим услугам, когда это применимо (…);
12. Поручает соответствующим исполнительным структурам ОБСЕ в соответствии с их мандатами и при условии координации действий со Специальным представителем и коор- динатором по борьбе с торговлей людьми ОБСЕ и далее оказывать государствам-участни- кам, по их просьбе, содействие в выполнении своих обязательств, касающихся всех форм торговли детьми, в т. ч. с целью сексуальной эксплуатации, а также других форм сексуаль- ной эксплуатации детей;
13. Предлагает партнерам ОБСЕ по сотрудничеству на добровольной основе присоеди- ниться к обязательствам государств-участников в борьбе со всеми формами торговли детьми, в т. ч. с целью сексуальной эксплуатации, а также другими формами сексуальной эксплуатации детей.
455 Документ двадцать пятой встречи Совета министров Милан, 2018 г.
I. Заявления и декларации Совета министров
Декларация о роли молодежи в содействии усилиям по обеспечению мира и безопасности
1. Мы (…) признаем, что молодежь является важной частью общества, а также ту роль, кото- рую она может играть в поддержке государств- участников в выполнении обязательств во всех трех измерениях.
2. Мы напоминаем о принятых в рамках ОБСЕ обязательствах в отношении молодежи (…). (…)
5. Мы признаем роль, которую молодежь может играть в содействии формированию куль- туры мира, диалогу, правосудию и мирному сосуществованию, доверию и примирению.
6. Мы предлагаем партнерам по сотрудничеству добровольно присоединиться к нам в под- тверждении этой декларации.
II. Решения Совета министров
Решение № 3/18
Безопасность журналистов
Совет министров,
вновь подтверждая все принятые в ОБСЕ соответствующие обязательства, касающиеся права на свободу выражения мнений, свободы средств массовой информации и свобод- ного потока информации (…) в которых государства-участники подтвердили, что право на свободу выражения своего мнения включает свободу придерживаться своего мнения и получать и распространять информацию и идеи без вмешательства со стороны государ- ственных властей и независимо от государственных границ,
памятуя о том, что каждый человек имеет право на свободу убеждений и на их свободное выражение, (…), и что оно является одним из важнейших устоев демократического обще- ства и одним из основополагающих условий для его прогресса и развития,
456 Милан, 2018 г
памятуя также о том, что право на свободное выражение своего мнения может подвер- гаться лишь таким ограничениям, которые предусмотрены законом и необходимы в силу причин, изложенных в пункте 3 статьи 19 МПГПП,
вновь подтверждая, что независимые средства информации являются важнейшим условием для свободного и открытого общества и ответственных за свои действия государственных систем и играют особую роль в деле охраны прав человека и основных свобод, (…)
признавая, что журналистика и технологии эволюционируют и что это вносит свой вклад в общественные дискуссии и в то же время может также расширить диапазон рисков, кото- рым подвергается безопасность журналистов,
констатируя важность обеспечения и отстаивания безопасности журналистов для осу- ществления соответствующей цели в области устойчивого развития и задач, предусмотрен- ных Повесткой дня Организации Объединенных Наций в области устойчивого развития на период до 2030 года,
признавая, что работа журналистов может подвергнуть их самих и членов их семей опасно- сти стать объектом насилия, а также запугивания и преследования, в том числе с использо- ванием цифровых технологий, что может вынудить журналистов отказаться от продолжения своей работы или привести к самоцензуре,
с озабоченностью отмечая, что применение неоправданных ограничительных мер в отно- шении журналистов может сказаться на их безопасности, не позволяет им информировать общественность и тем самым оказывает негативное воздействие на осуществление права на свободу выражения мнений,
вновь подтверждая, что средства массовой информации на их территории должны иметь неограниченный доступ к иностранным источникам новостей и информационным служ- бам, что общественность будет пользоваться аналогичной свободой получения и передачи информации и идей без вмешательства со стороны государственных властей, независимо от границ, в том числе через иностранные публикации и программы телерадиовещания, и что любые ограничения в осуществлении этого права будут устанавливаться законом и соответствовать международным стандартам, (…)
будучи озабочен тем, что нарушения и ущемления права быть защищенным от произ- вольного или незаконного вмешательства в личную жизнь могут сказаться на безопасно- сти журналистов,
будучи глубоко обеспокоен всеми нарушениями прав человека и противоправными дей- ствиями в ущерб безопасности журналистов, сопряженными, в частности, с убийствами, пытками, насильственным исчезновением, произвольным арестом, произвольным задер- жанием и произвольным выдворением, запугиванием, преследованием и угрозами в любой форме, в том числе физической, юридической, политической, технологической или эконо- мической, и нацеленными на подавление проводимой ими работы,
будучи обеспокоен особым риском, которому подвергаются женщины- журналисты в связи со своей работой и который, в частности, связан с использованием цифровых технологий, а также подчеркивая важность обеспечения максимальной безопасности женщин-журна- листов и эффективного учета их опыта и проблем,
457 Милан, 2018 г
признавая решающую роль журналистов в освещении выборов, в частности в информи- ровании общественности о кандидатах, их платформах и проходящих дебатах, и выражая серьезную обеспокоенность по поводу угроз и сопряженных с насилием нападений, кото- рым в этой связи могут подвергаться журналисты,
признавая важность журналистских расследований и что способность средств массовой информации проводить расследования и публиковать их результаты, в том числе в Интер- нете, не опасаясь репрессий, может играть важную общественную роль в наших странах, в том числе в плане привлечения государственных институтов и должностных лиц к ответу,
будучи встревожен ростом целенаправленных кампаний, подрывающих работу журнали- стов, доверие общества и его уверенность в достоверности журналистики, и признавая, что это может повысить риск угроз и насилия в отношении журналистов,
будучи также встревожен случаями, когда политические лидеры, государственные долж- ностные лица и/или органы власти прибегают к запугиванию журналистов, угрозам в их адрес, потворствуют насилию в отношении них или не осуждают его,
выражая глубокое беспокойство в связи с нарастанием угрозы безопасности журналистов, в частности, со стороны террористических групп и преступных организаций,
подчеркивая также особые риски для безопасности журналистов в эпоху цифровых техно- логий, в том числе особую подверженность журналистов риску стать объектами хакерских атак, незаконного или произвольного наблюдения или перехвата сообщений, что подры- вает осуществление ими своего права на свободу выражения мнений и права быть защи- щенным от произвольного или незаконного вмешательства в личную жизнь,
вновь повторяя, что государства-участники осуждают все случаи нападения на журналистов и целенаправленно враждебного поведения по отношению к ним и будут стремиться при- влекать к ответственности лиц, непосредственно виновных в таких нападениях и в таком поведении, (…), а также признавая, что привлечение к ответственности виновных в пре- ступлениях, совершенных в отношении журналистов, является одним из ключевых эле- ментов предупреждения нападений в будущем, (…)
с беспокойством отмечая царящую атмосферу безнаказанности, в условиях которой без- наказанными остаются сопряженные с насилием нападения на журналистов, и признавая роль правительств, законодателей и судебной системы в создании безопасных условий для работы журналистов и обеспечении их безопасности, в частности, путем публичного осу- ждения и привлечения к судебной ответственности всех виновных в преступлениях про- тив журналистов, (…)
напоминая о резолюциях (…) Совета Безопасности ООН, в которых осуждаются все нару- шения и злоупотребления, совершаемые в отношении журналистов, работников средств массовой информации и связанного с ними персонала в условиях вооруженного конфликта, и которые гласят, что журналисты, работники средств массовой информации и связанный с ними персонал, находящиеся в опасных профессиональных командировках в районах вооруженного конфликта, рассматриваются как гражданские лица и пользуются защитой
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в качестве таковых, при условии, что они не совершают никаких действий, несовместимых с их статусом гражданских лиц,
призывает государства-участники:
1. В полном объеме выполнять все принятые в ОБСЕ обязательства и их международные обязательства, касающиеся свободы выражения мнений и свободы средств массовой инфор- мации, в том числе путем уважения, поощрения и защиты свободы искать, получать и рас- пространять информацию независимо от государственных границ;
2. Привести свои законы, политику и практику, касающиеся свободы средств массовой информации, в полное соответствие с их международно-правовыми и иными обязатель- ствами, заново рассмотрев их и, где это необходимо, отменив или внеся в них поправки, с тем чтобы они не ограничивали способность журналистов осуществлять свою работу независимо и без неоправданного вмешательства;
3. Публично и безоговорочно осуждать все нападения на журналистов и акты насилия в отношении них, такие, как убийства, пытки, насильственное исчезновение, произвольный арест, произвольное задержание и произвольное выдворение, запугивание, преследование и угрозы в любой форме, в том числе физической, юридической, политической, технологи- ческой или экономической, используемые для подавления их работы и/или неправомер- ного силового закрытия их редакций, в том числе в условиях конфликта;
4. Публично и безоговорочно осуждать также нападения на женщин-журналистов в связи с их работой, включая сексуальные домогательства, надругательства, запугивание, угрозы и насилие, в том числе с использованием цифровых технологий;
5. Выступить с настоятельным призывом к незамедлительному и безусловному освобо- ждению всех журналистов, подвергшихся произвольному аресту или задержанию, взятых в заложники или ставших жертвами насильственного исчезновения;
6. Принять эффективные меры с целью положить конец безнаказанности за преступления, совершаемые в отношении журналистов, путем обеспечения привлечения к ответствен- ности в качестве одного из ключевых элементов предупреждения нападений в будущем, в том числе путем обеспечения проведения правоохранительными органами незамедли- тельного, эффективного и беспристрастного расследования актов насилия и угроз в отно- шении журналистов, с тем чтобы привлечь виновных к суду и обеспечить жертвам доступ к надлежащим средствам правовой защиты;
7. Выступить с настоятельным призывом к политическим лидерам, государственным долж- ностным лицам и/или органам власти воздерживаться от запугивания, угроз или потворства насилию в отношении журналистов и безоговорочно осудить его, с тем чтобы уменьшить риски или угрозы, которым могут подвергаться журналисты, и не допускать подрыва дове- рия к правдивости журналистов, а также подрыва уважительного отношения к важности независимой журналистики;
8. Воздерживаться от произвольного или незаконного воспрепятствования использова- нию журналистами технологий шифрования и анонимизации, а также воздерживаться от использования методов незаконного или произвольного наблюдения, отмечая, что подоб- ные действия являются посягательством на осуществление журналистами своих прав
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человека и могут подвергнуть их потенциальному риску стать объектом насилия и поста- вить под угрозу их безопасность;
9. Побуждает государственные учреждения и правоохранительные органы заниматься информационно-просветительской работой и профессиональной подготовкой, связанными с необходимостью обеспечения безопасности журналистов, и способствовать, где это целе- сообразно, вовлечению гражданского общества в такую деятельность;
10. По мере возможности наладить или усилить национальную систему сбора и анализа дан- ных и сигнализирования о случаях нападения на журналистов и насилия в отношении них;
11. Во исполнение обязательств государств-участников согласно нормам международного права прав человека обеспечить, чтобы законы о диффамации не предусматривали чрез- мерных санкций или наказаний, которые могли бы нанести ущерб безопасности журна- листов и/или фактически подвергнуть их цензуре и помешать осуществлению ими своей миссии по информированию общественности, а также, где это необходимо, пересмотреть и отменить такие законы;
12. Более эффективно выполнять применимые нормы правовой базы, касающиеся защиты журналистов, и все соответствующие обязательства, принятые в ОБСЕ;
13. В полной мере сотрудничать с Представителем ОБСЕ по вопросам свободы СМИ, в том числе по вопросу о безопасности журналистов;
14. Побуждать Представителя ОБСЕ по вопросам свободы СМИ и впредь выступать в соот- ветствии с его мандатом в защиту безопасности журналистов и за ее более эффективное обеспечение во всех государствах-участниках ОБСЕ.
Решение № 4/18
Недопущение и пресечение насилия в отношении женщин
Совет министров,
вновь подтверждая, что поощрение и защита принципа равных прав и возможностей для всех крайне важны для обеспечения демократии и экономического развития, а следова- тельно безопасности, стабильности и прочного мира в регионе ОБСЕ,
исполненный решимости обеспечить реализацию женщинами и девочками в полном объ- еме и на равной основе прав человека и основных свобод, (…)
памятуя о важности недопущения и пресечения насилия в отношении женщин и девочек для достижения соответствующих целей в области устойчивого развития, сформулирован- ных в принятой ООН Повестке дня в области устойчивого развития на период до 2030 года,
сознавая, что первопричиной насилия в отношении женщин и девочек является неравен- ство между мужчинами и женщинами и что, в частности, дискриминация и экономическое неравенство, в том числе отсутствие экономической независимости, могут делать женщин более уязвимыми перед лицом насилия,
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будучи глубоко обеспокоен сохраняющимся насилием в отношении женщин и девочек во всех его формах как одним из наиболее часто встречающихся препятствий на пути к пол- ной реализации ими всех прав человека и к полному, равноправному и эффективному уча- стию женщин в политической, экономической и общественной жизни,
отмечая, что насилие в отношении женщин и девочек способно стать причиной смерти или причинения девочкам и женщинам всех возрастов физического, сексуального, психоло- гического, экономического, политического и социального ущерба или страданий и прямо или опосредованно сопряжено с краткосрочными и долгосрочными социальными, поли- тическими и экономическими издержками,
отмечая также, что насилие в отношении женщин и девочек применяется в различных формах, к числу которых могут относиться: бытовое насилие; сексуальное насилие; вред- ные обычаи; торговля людьми; сексуальная и другие виды эксплуатации; а также сексу- альные домогательства,
сознавая, что женщины и девочки могут подвергаться самым различным видам дискримина- ции, порою в их сочетании, что повышает вероятность насилия в их отношении, и что такое сочетание различных видов дискриминации может вести к дальнейшей дискриминации,
сознавая также важную роль, которая принадлежит вооруженным силам, правоохрани- тельным и судебным органам и прочим специалистам-правовикам в противодействии всем формам насилия в отношении женщин и девочек,
сознавая далее, что все чаще встречаются случаи жестокого обращения, угроз и притесне- ний, включая сексуальные домогательства, особенно с применением цифровых технологий, и что такие проявления могут заглушать голос женщин и девочек в общественной жизни,
памятуя о том, что женщины, занимающиеся профессиональной деятельностью в публич- ной сфере и/или в интересах общества, сталкиваются с повышенной вероятностью подвер- гнуться определенным формам насилия или жестокому обращению, угрозам и притеснениям в связи со своей работой,
учитывая, что юность является важным этапом в социальном развитии личности, и созна- вая, что на этом этапе человек нередко сталкивается с систематическим проявлением неравенства, негативного отношения, поведенческих моделей и гендерных стереотипов, из-за чего девочки и женщины могут подвергнуться повышенному риску дискримина- ции и насилия,
сознавая важность активного вовлечения мужчин и мальчиков в работу по ликвидации дискриминации и всех форм насилия в отношении женщин и девочек, в том числе через преодоление первопричин гендерного неравенства и насилия и повышение осведомлен- ности о последствиях негативного отношения, поведенческих моделей и гендерных стере- отипов, которые, возможно, лежат в основе дискриминации и насилия и закрепляют их,
отмечая прилагаемые созданной ОБСЕ сетью MenEngage* усилия по повышению осведом- ленности о важной роли, которую могут сыграть мужчины и мальчики в ликвидации дис- криминации и всех форм насилия в отношении женщин и девочек,
* Созданная ОБСЕ сеть MenEngage не является филиалом альянса MenEngage. Действующая в ОБСЕ сеть MenEngage является закрытой сетью в рамках ОБСЕ.
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сознавая, что сексуальные домогательства в публичной и частной сферах, в частности в трудовых коллективах и учебных заведениях, пагубно отражаются на реализации жен- щинами и девочками в полном объеме прав человека и равных возможностей и тем самым снижают их шансы сохранить свое место и/или добиться продвижения на работе и в учеб- ных заведениях,
признавая роль гражданского общества как важного партнера государственных органов, в том числе на местном уровне, в деле предупреждения и пресечения насилия в отноше- нии женщин и девочек,
принимая во внимание проведенную Парламентской ассамблеей ОБСЕ работу по борьбе с насилием в отношении женщин,
призывает государства-участники:
1. Обеспечить доступ к правосудию, эффективному расследованию, преследованию вино- вных, а также обеспечить – при уважении их прав, в том числе на неприкосновенность частной жизни – адекватную защиту, реабилитацию и социальную реинтеграцию жерт- вам всех форм насилия в отношении женщин и девочек;
2. Принимать меры, в том числе посредством повышения осведомленности и укрепле- ния потенциала сотрудников вооруженных сил, правоохранительных и судебных органов и других специалистов-правовиков, по предупреждению и пресечению всех форм насилия в отношении женщин и девочек;
3. Принимать, по мере необходимости, меры по поощрению просветительской деятель- ности по вопросам гендерного равенства, прав человека и ненасильственного поведения, содействуя тем самым недопущению всех форм насилия в отношении женщин и девочек, к которым могут относиться: вредные обычаи, сексуальное насилие, бытовое насилие, а также сексуальные домогательства;
4. Организовывать кампании по повышению осведомленности об опасностях конкретных форм насилия, с которыми сталкиваются женщины и девочки, в том числе с использова- нием цифровых технологий, а также об их правах и о поддержке, доступной для жертв такого насилия;
5. Принимать меры по преодолению насилия, жестокого обращения, угроз и притеснений, в том числе с использование цифровых технологий, объектом которых являются женщины;
6. Принимать, в консультации с компаниями, занимающимися информационными и ком- муникационными технологиями (ИКТ), меры по преодолению конкретных форм наси- лия, с которыми сталкиваются женщины и девочки в контексте использования цифровых технологий;
7. Побуждать всех соответствующих игроков, в том числе участвующих в политической жизни, к внесению вклада в усилия по предупреждению и пресечению всех форм насилия в отношении женщин, включая тех из них, кто занимается профессиональной деятельно- стью в публичной сфере и/или в интересах общества, в частности, путем вынесения этой проблемы на общественное обсуждение, а также по выдвижению инициатив, касающихся повышения осведомленности, и разработке других соответствующих мер, не упуская при этом из виду сковывающее воздействие, оказываемое таким насилием на молодых женщин;
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8. Вписывать инициативы в соответствующие общенациональные политические установки и стратегии по активизации вовлечения мужчин и мальчиков в усилия по предупреждению и пресечению насилия в отношении женщин и девушек, в том числе путем осуществления мероприятий по повышению осведомленности с акцентом на позитивной, справедливой и ненасильственной роли, которую мужчины и мальчики могут играть в этом отношении, а также посредством выявления и преодоления случаев негативного отношения, поведен- ческих моделей, а также гендерных стереотипов, которые закрепляют такое насилие;
9. Принимать меры по борьбе с сексуальными домогательствами в публичной и частной сферах, в частности в трудовых коллективах и учебных заведениях, и побуждать нанима- телей из числа госучреждений и частных предприятий к осуществлению таких мер;
10. Принимать меры по обеспечению всем девочкам равного доступа к качественному образованию; а также расширять права и возможности женщин в экономической сфере и укреплять их экономическую независимость, в том числе путем реализации недискрими- национной политики и практики, обеспечения равного доступа к образованию и профес- сиональной подготовке, равного вознаграждения за равный труд, а также равного доступа к экономическим ресурсам и равного контроля над ними;
11. Стимулировать вовлечение гражданского общества в работу по предупреждению и пре- сечению насилия в отношении женщин и девочек;
поручает соответствующим исполнительным структурам ОБСЕ в соответствии с их ман- датом:
12. Оказывать государствам-участникам, по их просьбе, содействие в совершенствовании их правовой и политической базы и в осуществлении мер по предупреждению и пресече- нию всех форм насилия в отношении женщин и девочек;
13. Продолжить сотрудничество с соответствующими международными и региональными организациями в сборе сведений и статистических данных, в разбивке по признаку пола, о распространенности в регионе ОБСЕ случаев насилия в отношении женщин и девочек во всех его формах;
14. Оказывать государствам-участникам и организациям гражданского общества под- держку в обмене примерами передового опыта предупреждения и пресечения всех форм насилия в отношении женщин и девочек, в том числе с привлечением мужчин и мальчиков;
15. Оказывать государствам-участникам, по их просьбе, поддержку в разработке и проведе- нии обзора законодательства, стратегий и мер по борьбе с сексуальными домогательствами в частном и публичном пространстве, в том числе в трудовых коллективах и учебных заве- дениях;
16. И далее обеспечивать, в том числе силами руководящего состава, выполнение в полном объеме принятого в ОБСЕ Кодекса поведения сотрудников/сотрудников миссий ОБСЕ, а также установок ОБСЕ, касающихся профессионального рабочего климата, и анализиро- вать потребность в укреплении и/или активизации учебной подготовки по вышеуказан- ным вопросам с акцентом на проявлении нетерпимости к сексуальным домогательствам;
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17. Побуждает государства-участники и соответствующие исполнительные структуры ОБСЕ рассмотреть вопрос о проведении совместных мероприятий с Парламентской ассамблеей ОБСЕ и ее Специальным представителем по гендерным вопросам.
Решение № 5/18
Развитие человеческого капитала в цифровую эпоху
Совет министров,
ссылаясь на принятые в рамках ОБСЕ принципы и обязательства, которые лежат в основе нашего экономического сотрудничества, и принимая во внимание всеобъемлющий под- ход ОБСЕ к безопасности, (…)
учитывая, что экономический рост и устойчивое развитие должны быть ориентированы прежде всего на удовлетворение потребностей граждан, и сознавая, что инвестиции в чело- веческий капитал и углубление знаний и умений содействуют расширению участия в эко- номической жизни, социальной включенности и устойчивому росту, которые зависят друг от друга и способствуют обеспечению процветания, доверия, стабильности, безопасности и сотрудничества в регионе ОБСЕ,
принимая во внимание возникающие и динамично изменяющиеся последствия цифровой трансформации, ведущей к прогрессу и процветанию, с одной стороны, но также к усугу- блению имеющихся или возникновению возможных новых угроз и вызовов,
сознавая, что перемены на рынках труда, порождаемые цифровой трансформацией, потен- циально способны углублять социально-экономическое неравенство, и что ощущается необ- ходимость сильнее акцентировать задачу развития человеческого капитала, в особенности в отношении женщин, молодежи и инвалидов, а также в секторах экономики, для которых характерны высокая трудозатратность и малоквалифицированный труд,
сознавая, что развитие человеческого капитала, в том числе в условиях цифровизации, спо- собно внести позитивный вклад в повышение невосприимчивости экономики и общества к коррупции за счет его позитивного воздействия на процесс формирования осведомлен- ных и квалифицированных трудовых ресурсов, устойчивого развития, создания новых рабочих мест и материальных благ,
будучи исполнены решимости продвигать обучение на протяжении всей жизни, а также профессионально-техническое образование на протяжении всей трудовой жизни в качестве важнейших инструментов развития человеческого капитала и сокращения существующего цифрового разрыва, особенно в отношении женщин и девочек в области науки, техноло- гии, инженерного дела и математики,
сознавая, что с новыми формами трудовой деятельности, возникающими в результате циф- ровой трансформации экономики, сопряжены новые возможности и трудности и что, хотя эти перемены на рынке труда и могут способствовать экономическому росту и созданию новых рабочих мест, некоторые из этих трудностей могут сказываться на устойчивости занятости и социальной стабильности, (…)
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сознавая необходимость, в контексте цифровизации экономики, повышения адаптацион- ной способности трудовых ресурсов и пересмотра политических установок в отношении рынка труда в интересах: создания новых рабочих мест при полном уважении человече- ского достоинства и прав человека; содействия устойчивому и инклюзивному экономиче- скому росту; а также создания для женщин и мужчин равных возможностей на рынке труда,
сознавая, что развитие человеческого капитала способно содействовать выполнению при- нятой Организацией Объединенных Наций Повестки дня в области устойчивого разви- тия на период до 2030 года,
1. Призывает государства-участники поддержать развитие человеческого капитала в целях управления процессом перехода ко все более автоматизированной и цифровизованной эко- номике, в том числе посредством налаживания частно- государственных партнерских свя- зей и многостороннего сотрудничества;
2. Побуждает государства-участники продвигать обучение на протяжении всей жизни, начиная с образования в раннем возрасте с его продолжением на протяжении всей трудо- вой жизни, в качестве одной из ключевых опор для управления этим переходом;
3. Призывает государства-участники расширять доступ к качественному образованию, учеб- ной подготовке и возможностям для повышения квалификации и прохождения перепод- готовки с целью сделать работников более пригодными для трудоустройства, тем самым расширяя недискриминационный доступ для женщин, молодежи и инвалидов с уделением особого внимания лицам, занятым в отраслях с повышенной трудозатратностью;
4. Побуждает государства-участники в соответствующих случаях развивать образование, профессионально-техническую подготовку и переподготовку, в частности для женщин и девочек и в особенности в области науки, технологии, инженерного дела и математики, в качестве одной из ключевых мер по сокращению цифрового разрыва и расширению прав и возможностей женщин через создание более благоприятных условий, в том числе в эко- номической сфере;
5. Предлагает государствам-участникам укреплять политическую и организационную базу, облегчающую внедрение новаторских бизнес-моделей и формирование благоприят- ного инвестиционного климата, создание новых рабочих мест и обеспечение устойчивого инклюзивного роста экономики;
6. Побуждает государства-участники вовлекать частный сектор, гражданское общество, профсоюзы, научные круги и другие соответствующие заинтересованные стороны в работу по выявлению и рассмотрению потребностей, касающихся развития человеческого капи- тала, и совместными усилиями разрабатывать и проводить в жизнь соответствующие стра- тегии и нормы;
7. Призывает государства-участники дополнительно изучить возможности и трудности, сопряженные с новыми формами занятости, возникающими в результате цифровой транс- формации экономики, в том числе с целью обеспечения надлежащей социальной защиты;
8. Побуждает государства-участники наращивать усилия по борьбе с коррупцией в секто- рах образования и подготовки кадров, а также содействовать открытому, равному и некор- рупционному доступу к образованию, овладению цифровой грамотностью и возможностям для обучения;
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9. Призывает государства-участники использовать ОБСЕ для стимулирования обмена наи- лучшей практикой и продвигать инициативы по укреплению потенциала в русле положе- ний настоящего решения;
10. Побуждает государства-участники наращивать сотрудничество, в том числе с соответ- ствующими международными организациями, в вопросах развития человеческого капитала в таких областях, как облегчение и расширение доступа к образовательным, научно-иссле- довательским и учебным заведениям, с уделением особого внимания повышению цифро- вой грамотности;
11. Поручает соответствующим исполнительным структурам ОБСЕ, включая полевые при- сутствия, оказывать, в рамках их мандатов и имеющихся ресурсов, содействие государ- ствам-участникам по их просьбе в выполнении положений настоящего решения;
12. Призывает партнеров ОБСЕ по сотрудничеству в добровольном порядке выполнять положения настоящего решения.
Решение № 6/18
Наращивание усилий по предупреждению торговли детьми, включая несопровождаемых несовершеннолетних, и борьбе с ней
Совет министров,
будучи глубоко встревожен широкой распространенностью торговли детьми, включая несопровождаемых, во всех ее формах, в том числе с целью сексуальной эксплуатации, при- нуждения к труду, к преступной деятельности или к вступлению в брак, а также с целью изъятия органов,
вновь подтверждая все принятые в ОБСЕ обязательства по борьбе с торговлей детьми, (…) (…)
будучи глубоко обеспокоен наблюдаемым в последние годы большим числом несопрово- ждаемых детей, которые уязвимы с точки зрения торговли людьми,
признавая, что принятие такого подхода, который ориентирован на интересы и посттрав- матическое состояние жертв, а также учитывает соответствующие гендерно обусловлен- ные потребности девочек и мальчиков и наилучшие интересы ребенка, чрезвычайно важно для эффективного недопущения того, чтобы дети становились объектом торговли людьми, и для их эффективной защиты от нее,
признавая, что сотрудничество между государствами, службами первой помощи и граж- данским обществом может дополнительно помочь оградить детей, в том числе несопрово- ждаемых, от опасности стать объектом торговли людьми, (…)
отдавая должное государствам-участникам, принимающим специальные законодательные и иные меры для скорейшего выявления, приема и защиты детей, уязвимых с точки зрения торговли людьми, включая несопровождаемых несовершеннолетних,
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признавая важность вклада, который гражданское общество, включая религиозные органи- зации, вносит в содействие, среди прочего, работе, проводимой национальными властями с целью предупреждения торговли детьми во всех ее формах и борьбы с ней, через нацио- нальные механизмы противодействия такой торговле, включая национальные механизмы перенаправления, где это целесообразно, (…)
призывает государства-участники:
1. Принять соответствующие меры к тому, чтобы обращение со всеми детьми, ставшими жертвами торговли людьми, соответствовало принципу недискриминации, учитывало их индивидуальные потребности и отвечало их наилучшим интересам, предоставляя им, при необходимости, возможность быть услышанными, а также отстаивая и защищая их права человека;
2. Принять подход, ориентированный на интересы и посттравматическое состояние жертв, который учитывает соответствующие гендерно обусловленные потребности девочек и маль- чиков и отвечает наилучшим интересам ребенка, а также предусматривает всемерное ува- жение прав человека и основных свобод детей, ставших объектом торговли людьми;
3. Обеспечивать в соответствующих случаях государственных поставщиков услуг и учреж- дения, вступающие в контакт с детьми, адекватными инструкциями и профессиональной подготовкой в том, что касается методов надлежащего выявления детей, ставших жертвами торговли людьми, сигнализирования о них, оказания им помощи и защиты их с должным учетом их возраста и соответствующих гендерно обусловленных потребностей девочек и мальчиков, а также рассмотреть вопрос об обеспечении соответствующей подготовки пред- ставителей частного сектора, вступающих в контакт с детьми – жертвами торговли людьми;
4. Принять, при необходимости, меры по первоочередному предоставлению детям, ставшим жертвами торговли людьми, квалифицированного и подготовленного опекуна или выпол- няющего аналогичные функции лица и/или законного представителя для защиты интересов детей – жертв торговли людьми, в том числе несопровождаемых, и с тем чтобы их опекуны и/или законные представители принимали участие в процедурах, связанных с оказанием таким детям помощи, и в нахождении надежных и долговременных решений их проблем;
5. Заниматься проблемами детей – жертв торговли людьми, включая несопровождаемых, в рамках соответствующей системы защиты детей;
6. Популяризировать работу национальных механизмов противодействия торговле людьми, включая национальные механизмы перенаправления, где таковые имеются, а также, в соот- ветствующих случаях, систем защиты детей, которые учитывают потребности и права детей – жертв торговли людьми; внедрять в практику оказание помощи, ориентирован- ной на интересы и посттравматическое состояние жертв с учетом их возраста; применять междисциплинарный подход, обеспечивающий уважение прав человека, учитывающий соответствующие гендерно обусловленные потребности девочек и мальчиков и отражаю- щий в соответствующих случаях мнения и рекомендации лиц, пострадавших от торговли людьми, при оказании непосредственной помощи и поиске надежных и долговременных решений; создать, кроме того, учитывающие особые потребности детей каналы передачи дел на рассмотрение;
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7. Обеспечить по мере возможности, чтобы при любой оценке потребностей ребенка – жертвы торговли людьми принимались во внимание его интересы и мнение, а также потреб- ность в заботе, защите и безопасности;
8. В случае выявления ребенка, ставшего жертвой торговли людьми, или в случаях, когда имеются разумные основания полагать, что ребенок, возможно, стал объектом такой тор- говли, принимать надлежащие меры для обеспечения его безопасности, в частности, путем недопущения сексуальных и иных надругательств и того, чтобы ребенок снова стал жерт- вой торговли людьми, обеспечения в соответствии с национальным законодательством возможности ненаказания жертв за их участие в противоправной деятельности постольку, поскольку они были к этому принуждены, а также путем принятия, где это целесообразно, соответствующих программ по реабилитации, реинтеграции и/или репатриации;
9. Побуждать правоохранительные органы или иные соответствующие органы власти, где это целесообразно, сотрудничать друг с другом путем сбора и обмена информацией – в соот- ветствии с внутренним законодательством их страны, в том числе в области защиты лич- ных данных, – о детях, ставших или рискующих стать объектом торговли людьми, в целях усиления их защиты и решения проблемы пропавших детей;
10. Наращивать сотрудничество на национальном, региональном и международном уров- нях с целью предупреждения торговли детьми и борьбы с ней, особенно в том, что каса- ется сигнализирования и обмена информацией о детях, в том числе несопровождаемых, ставших жертвами торговли людьми, в соответствии с их внутренним законодательством, в том числе в области защиты персональных данных;
11. Рассмотреть возможность назначения национального координатора, к которому смо- гут обращаться должностные лица других стран с запросами, касающимися детей – жертв торговли людьми, в том числе пропавших и/или которых они планируют вернуть в соот- ветствующую страну происхождения;
12. Поощрять усилия по предупреждению торговли детьми путем борьбы с культурой без- наказанности, а также снижения и устранения спроса, стимулирующего все формы экс- плуатации;
13. Поручить соответствующим исполнительным структурам ОБСЕ, действуя в соответствии со своими мандатами, в пределах имеющихся ресурсов и в координации со Специальным представителем и координатором ОБСЕ по борьбе с торговлей людьми, продолжить ока- зание государствам-участникам по их просьбе содействия в борьбе с торговлей детьми во всех ее формах, в частности, путем максимального расширения существующей базы зна- ний и недопущения при этом дублирования усилий и финансируемых программ.
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I. Заявления и декларации Совета министров
Декларация об укреплении сотрудничества в противодействии транснациональной организованной преступности (…)
3. Мы вновь выражаем глубокую обеспокоенность по поводу негативных последствий транснациональной организованной преступности для стабильности и безопасности, вклю- чая эксплуатацию глобализованной экономики и открытых обществ, подрыв демократи- ческих ценностей и системы управления, а также угрозу, будь то прямую или косвенную, спокойствию и безопасности граждан, равно как и правам человека и основным свободам.
4. Мы подтверждаем главную роль государств-участников в борьбе с транснациональ- ной организованной преступностью и подчеркиваем, что с ней можно эффективнее всего бороться путем обеспечения уважения прав человека и основных свобод и отстаивания верховенства права, а также акцентируем ключевую роль, которую играет эффективная, пользующаяся доверием, профессиональная, независимая и подотчетная система уголов- ного правосудия в деле поддержания общественного спокойствия и безопасности.
5. Мы признаем центральную роль Организации Объединенных Наций в противодействии транснациональной организованной преступности, а также важность работы, проводи- мой соответствующими международными организациями. Мы подтверждаем, что при- нятая ОБСЕ всеобъемлющая концепция безопасности дополняет глобальные усилия по противодействию комплексной угрозе транснациональной организованной преступности.
6. Мы подчеркиваем, что борьба с транснациональной организованной преступностью и ее коренными причинами требует наличия эффективных и демократических институ- тов, подотчетных гражданам, систем уголовного правосудия, основанных на верховенстве права, и применения целостного, всеобъемлющего и последовательного подхода в целях недопущения и сокращения возможностей для деятельности организованных преступных групп в наших обществах, легальных экономиках и институтах или встраивания в них, а также использования этими группами доходов от их преступной деятельности.
7. Мы напоминаем о соответствующих международных инструментах и механизмах, име- ющихся для оказания государствам-участникам помощи в проведении самооценки и, при необходимости, укреплении их систем уголовного правосудия.
8. Мы признаем, что транснациональная организованная преступность может по- разному воздействовать на разные общественные группы. Мы поощряем сотрудничество между
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всеми соответствующими заинтересованными сторонами, включая гражданское общество, в целях содействия формированию сообществ, стойких по отношению к транснациональ- ной организованной преступности, а также в целях разработки комплексных мер противо- действия ей и ее предупреждения, которые учитывают нужды, озабоченности и интересы всех общественных групп, защищают потерпевших и обеспечивают им доступ к надлежа- щим средствам правовой защиты, способствуя при этом полноценному, равноправному и целесообразному участию женщин в усилиях по противодействию транснациональной организованной преступности.
9. Мы подчеркиваем важность усиления координации действий на национальном уровне и международного сотрудничества в противодействии транснациональной организован- ной преступности, в частности, где это целесообразно, путем прямых контактов и взаимо- действия между соответствующими органами власти и обмена информацией и передовым опытом, а также посредством использования инструментария, предоставляемого ОБСЕ, УНП ООН и другими соответствующими международными организациями.
10. Мы подтверждаем свое обязательство и впредь сохранять противодействие транснацио- нальной организованной преступности в числе приоритетов ОБСЕ, повышая эффективность выполнения соответствующих международно-правовых обязательств и существующих обя- зательств ОБСЕ. Мы подтверждаем поручение соответствующим исполнительным струк- турам ОБСЕ регулярно информировать государства-участники о деятельности ОБСЕ, связанной с выполнением существующих в рамках ОБСЕ обязательств по борьбе с транс- национальной организованной преступностью, и призываем продолжать обсуждение этой темы между государствами-участниками.
11. Предлагаем партнерам ОБСЕ по сотрудничеству присоединиться к нам в принятии этой декларации.
II. Решения Совета министров
Решение № 6/20
Предупреждение коррупции и борьба с ней путем цифровизации и повышения транспарентности
Совет министров,
напоминая о важности содействия надлежащему управлению, в частности, путем повыше- ния транспарентности, а также важности профилактики коррупции и борьбы с ней в деле повышения безопасности, стабильности и ускорения экономического роста и подтверждая принятые в ОБСЕ соответствующие обязательства, (…) (…)
признавая опасность, которую представляет коррупция для безопасности, стабильности, демократии, эффективного управления и социально-экономического развития, а также необ- ходимость комплексного предупреждения коррупции и борьбы с ней на международном и национальном уровнях, в том числе путем учета взаимосвязанности коррупции и отмы- вания денег, а также посредством эффективного осуществления мер по возвращению акти- вов и более слаженного международного и регионального взаимодействия в этой области,
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отдавая себе отчет в необходимости наращивания усилий с целью эффективного преду- преждения коррупции и борьбы с ней, в том числе посредством цифровизации, при одно- временном обеспечении верховенства права и защиты прав человека,
признавая роль ОБСЕ в поддержке усилий государств-участников по предупреждению коррупции и борьбе с ней,
признавая, что государственный сектор, основанный на принципах добросовестности, открытости, транспарентности, подотчетности, чуткого реагирования и верховенства права, имеет важнейшее значение для предупреждения коррупции и борьбы с ней, а также для обе- спечения устойчивого экономического роста и развития, улучшения делового и инвестици- онного климата и содействия усилиям государств-участников по повышению социальной интеграции и расширению возможностей для всех, в том числе для женщин и молодежи,
признавая важность участия частного сектора, гражданского общества и средств массовой информации, а также научных кругов в усилиях по предупреждению коррупции и борьбе с ней и укреплению надлежащего управления, включая реализацию принципов транспа- рентности и подотчетности,
признавая, что доступные, безопасные и надежные услуги электронного правительства, ориентированные на удовлетворение потребностей пользователей, могут играть ключевую роль в повышении эффективности и прозрачности государственного управления и укре- плении доверия к нему,
признавая важность открытых государственных данных как инструмента, который может способствовать предупреждению коррупции и борьбе с ней путем повышения подотчет- ности и транспарентности, позволяя гражданам в соответствии с внутренним законо- дательством лучше контролировать использование государственных средств и процесс выработки политики,
признавая важность разработки и использования, в соответствии с внутренним законода- тельством, методик и объективных показателей, а также дезагрегированных данных для оценки степени коррупции и конкретного воздействия антикоррупционных мер и для при- нятия более эффективной, фактологически обоснованной антикоррупционной политики,
памятуя о вкладе Парламентской ассамблеи в развитие диалога между парламентариями стран ОБСЕ с целью укрепления законодательства, имеющего принципиальное значение в предупреждении коррупции и борьбе с ней, (…)
1. Призывает государства-участники предупреждать коррупцию и бороться с ней путем:
укрепления надлежащего управления, включающего в себя принципы транспарентности и подотчетности, и поощрения добросовестности и надзора;
применения цифрового инструментария с целью повышения добросовестности и подотчет- ности поставщиков государственных услуг, чтобы способствовать предупреждению кор- рупции и борьбе с ней, а также обеспечивать устойчивый экономический рост и развитие, улучшать деловой и инвестиционный климат и содействовать усилиям государств-участ- ников по поощрению социальной вовлеченности и равноправного участия женщин и моло- дежи в экономической жизни;
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повышения прозрачности в области государственного управления путем перевода в циф- ровой формат бумажных и других аналоговых систем, особенно в сфере государственных закупок, а также, где это целесообразно, в рамках существующих механизмов деклариро- вания доходов и имущества государственными чиновниками и политическими деятелями, в той мере, в какой это допускается внутренним законодательством, с должным уважением к секретным и персональным данным;
содействия использованию цифровых инструментов для раннего выявления и предупреж- дения коррупции путем совершенствования национальных и международных процедур защищенной электронной идентификации в соответствии с применимыми нормами вну- треннего законодательства;
внедрения, где это целесообразно, цифровых технологий для уменьшения административ- ных барьеров и бремени и облегчения взаимодействия между гражданами, бизнес-струк- турами, предприятиями и органами государственного управления;
содействия созданию более прозрачных, подотчетных, надежных и доступных порталов электронного государственного управления в целях облегчения открытого доступа к инфор- мации и эффективного оказания государственных услуг;
продвижения и использования цифровых технологий в целях усиления и расширения антикоррупционной подготовки кадров в сотрудничестве, где это целесообразно, с соот- ветствующими международными организациями в этой области;
поощрения создания и совершенствования механизмов, призванных обеспечивать про- зрачность информации о бенефициарных владельцах, в соответствии с внутренним зако- нодательством;
поддержки просвещения молодежи – в соответствии с национальными системами образо- вания – на предмет важности надлежащего управления, включая принцип прозрачности, и предупреждения коррупции и борьбы с ней, а также путем развития навыков использо- вания цифровых технологий и усиления информационно-просветительских мер, включая поощрение совместных действий и сотрудничества между государственным и частным сек- торами и гражданским обществом;
сокращения существующего цифрового разрыва за счет поощрения и поддержки цифро- вой грамотности и повышения доступности онлайновых ресурсов и прикладных программ органов государственного управления;
принятия надлежащих мер по обеспечению наличия легкодоступных каналов для безопас- ной передачи информации лицами, сигнализирующими о нарушениях, созданию и приме- нению правовых механизмов эффективной защиты таких лиц от преследования, а также побуждению соответствующих организаций к внедрению и применению необходимых защитных мер, в соответствии с внутренним законодательством;
принятия – в соответствии с внутренним законодательством – целостного подхода с уча- стием разных заинтересованных сторон в целях повышения эффективности и совер- шенствования координации антикоррупционных мер и инициатив, включая содействие осуществлению норм корпоративной социальной ответственности;
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содействия полноценному, равноправному и целесообразному участию женщин в разработке и осуществлении соответствующих антикоррупционных мероприятий в целях достиже- ния гендерного равенства и с учетом того, что коррупция в непропорциональной степени затрагивает женщин и уязвимых лиц;
расширения взаимодействия и международного сотрудничества между соответствующими государственными органами и заинтересованными сторонами в области борьбы с кор- рупцией в целях содействия обмену информацией, опытом, примерами лучшей практики и извлеченными уроками;
2. Побуждает государства – участники ОБСЕ, которые еще не сделали этого, стать государ- ствами – участниками Конвенции Организации Объединенных Наций против коррупции (КПК ООН) и эффективно осуществлять ее положения;
3. Побуждает государства-участники максимально эффективно использовать ОБСЕ в каче- стве платформы для диалога, сотрудничества, обмена информацией и передовым опытом в области предупреждения коррупции и борьбы с ней посредством цифровизации и повы- шения транспарентности;
4. Поручает соответствующим исполнительным структурам ОБСЕ, включая полевые присут- ствия, оказывать, в рамках их мандатов и имеющихся ресурсов, содействие государствам-у- частникам по их просьбе в выполнении положений настоящего решения, в частности, на основе сотрудничества с соответствующими региональными и международными органи- зациями;
5. Призывает партнеров ОБСЕ по сотрудничеству в добровольном порядке выполнять поло- жения настоящего решения.
Решение № 7/20
Недопущение и искоренение пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания
Совет министров,
решительно осуждая все формы пыток и другие жестокие, бесчеловечные или унижающие достоинство виды обращения и наказания как одно из наиболее вопиющих нарушений прав человека и человеческого достоинства и вновь подтверждая, что пытки и другие жестокие, бесчеловечные или унижающие достоинство виды обращения и наказания запрещаются и всегда и всюду будут запрещаться,
вновь подтверждая, что свобода от пыток и других жестоких, бесчеловечных или уни- жающих достоинство видов обращения и наказания является согласно международному праву не допускающим отступлений правом и что никакие исключительные обстоятель- ства, какими бы они ни были, будь то состояние войны или угроза войны, внутренняя политическая нестабильность или любое другое чрезвычайное положение, не могут слу- жить оправданием пыток,
подчеркивая, что запрещение пыток является императивной нормой международного права, которая не имеет территориальных ограничений и применяется всегда и всюду,
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будучи глубоко обеспокоен все еще существующей практикой применения пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания во многих частях планеты, в том числе в регионе ОБСЕ, которая является следствием, в част- ности, неполного выполнения соответствующих обязательств по международному праву и обязательств в рамках ОБСЕ и все еще имеющей место безнаказанности виновных, кото- рая зачастую обусловлена непроведением скорого, независимого и эффективного рассле- дования таких преступлений и судебного преследования за них,
будучи глубоко обеспокоен актами пыток и других видов жестокого, бесчеловечного или унижающего достоинство обращения и наказания, совершаемыми в отношении лиц за осу- ществление ими своих прав человека и основных свобод,
будучи глубоко обеспокоен тем, что пытки и другие жестокие, бесчеловечные или унижа- ющие достоинство виды обращения и наказания используются для получения сведений или признания, (…)
будучи глубоко обеспокоен тем, что в регионе ОБСЕ все еще имеют место случаи насиль- ственных исчезновений, что является серьезным нарушением прав человека, (…)
признавая, что во время конфликтных ситуаций, включая вооруженные конфликты, а также гражданских беспорядков и массовых протестов, следует уделять особое внимание недо- пущению пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания,
вновь подтверждая, что все государства-участники должны в полной мере выполнять свои обязательства по международному гуманитарному праву и международному праву прав человека,
подчеркивая, что согласно Женевским конвенциям 1949 года акты пыток или бесчело- вечного обращения считаются серьезным нарушением этих конвенций, что акты пыток и жестокого обращения в ходе вооруженных конфликтов считаются серьезным наруше- нием международного гуманитарного права и, соответственно, представляют собой в этой связи военные преступления, что акты пыток могут представлять собой преступления про- тив человечества и что виновные в совершении любых актов пыток подлежат преследова- нию и наказанию по решению суда,
напоминая всем государствам-участникам о том, что продолжительное содержание под стражей без связи с внешним миром или содержание в тайных местах заключения может способствовать совершению пыток и других видов жестокого, бесчеловечного или унижа- ющего достоинство обращения и наказания и может само по себе быть разновидностью такого обращения,
признавая, что распространенность коррупции, в том числе в правоохранительной и судеб- ной системах, может оказывать негативное воздействие на борьбу против пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, в том числе подрывая основные гарантии и мешая жертвам пыток и других жестоких, бесчеловеч- ных или унижающих достоинство видов обращения и наказания эффективно добиваться правосудия, возмещения и компенсации ущерба в рамках системы отправления правосудия,
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подчеркивая важность эффективных правовых и процессуальных гарантий на всех этапах содержания под стражей, в том числе на ранних стадиях содержания под стражей в поли- ции, как эффективных мер по недопущению пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания,
признавая, что женщины и девочки сталкиваются с повышенным риском подвергнуться пыткам и другим жестоким, бесчеловечным или унижающим достоинство видам обраще- ния и наказания в условиях лишения свободы, и отмечая важность применения в борьбе с пытками и другими видами жестокого, бесчеловечного или унижающего достоинство обращения и наказания подхода, ориентированного на гендерные аспекты, который учи- тывает такой повышенный риск и особые потребности женщин и девочек, с уделением, в частности, особого внимания сексуальному насилию в отношении женщин и девочек, а также гендерному насилию в отношении женщин и девочек, и принимая во внимание Правила Организации Объединенных Наций, касающиеся обращения с женщинами-за- ключенными и мер наказания для женщин-правонарушителей, не связанных с лишением свободы (Бангкокские правила),
признавая важность применения ориентированного на интересы жертв подхода в ходе борьбы против пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания с уделением особого внимания мнениям и особым потреб- ностям жертв и их ближайших родственников при разработке политики и осуществлении других мероприятий, касающихся реабилитации, профилактических мер и привлечения к ответственности виновных в совершении пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания,
отмечая, что эффективная борьба с пытками и другими жестокими, бесчеловечными или унижающими достоинство видами обращения и наказания требует комплексного и ориен- тированного на интересы жертв подхода, охватывающего профилактические меры, доступ к правосудию, привлечение к ответственности, возмещение ущерба и подкрепляемое пра- вовой санкцией право на справедливую и адекватную компенсацию, включая средства для возможно более полной реабилитации,
отмечая, что государства-участники в соответствии со своими международными обяза- тельствами должны гарантировать права и защищать права человека всех лиц, лишенных свободы, включая тех, кому грозит смертная казнь,
вновь подтверждая, что все лица, лишенные свободы, имеют право на гуманное обраще- ние и уважение достоинства, присущего человеческой личности, и отмечая важность при- нятия государствами-участниками на постоянной основе надлежащих мер для улучшения условий содержания под стражей в интересах более строгого соблюдения прав человека и достоинства таких лиц, (…)
подчеркивая содержащиеся в КПП ООН требования о том, чтобы все акты пыток, попытки подвергнуть пытке, а также акты соучастия или участия в пытке квалифицировались в качестве преступлений по национальному уголовному праву, влекущих за собой надле- жащие наказания, отражающие их тяжкий характер, и что никакие сведения или призна- ния, которые, как установлено, были получены под пыткой, не использовались в качестве доказательства в ходе любого судебного разбирательства ни при каких обстоятельствах, кроме как в качестве доказательства факта совершения пыток лицом, обвиняемым в дан- ном правонарушении,
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отмечая роль, которую международные, региональные и национальные превентивные механизмы или другие соответствующие органы, включая национальные правозащитные учреждения, способны играть в деле эффективного недопущения актов пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, а также важность сотрудничества с международными экспертами, уполномоченными ока- зывать государствам-участникам содействие в их усилиях по недопущению пыток и дру- гих жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания,
подчеркивая необходимость недопущения того, чтобы какой-либо орган или должностное лицо назначало, применяло, разрешало и допускало какие-либо санкции, карательные меры или запугивание в отношении любого лица, группы лиц или объединения за поддержание контактов, вступление или попытку вступления в контакт с любым компетентным наци- ональным или международным органом или механизмом, занимающимся недопущением пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания и борьбой с ними,
подчеркивая, что национальные правовые системы должны обеспечивать, чтобы жертвы пыток либо другого жестокого, бесчеловечного или унижающего достоинство обращения и наказания имели эффективный доступ к правосудию, включая незамедлительное про- ведение беспристрастного и эффективного расследования, не подвергаясь наказанию за жалобы или дачу показаний, и чтобы в их отношении была восстановлена справедливость, а сами они обладали обеспеченным правовой санкцией правом на справедливую и надле- жащую компенсацию, включая средства для максимально полной реабилитации,
высоко оценивая настойчивые усилия, предпринимаемые гражданским обществом на наци- ональном и международном уровнях в интересах эффективного недопущения пыток и дру- гих жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания и борьбы с ними, а также облегчения страданий жертв,
подчеркивая важность сотрудничества между ОБСЕ и другими международными и регио- нальными организациями и механизмами в интересах развития многостороннего сотруд- ничества и достижения синергетического эффекта от взаимодействия без ненужного дублирования, что может способствовать эффективному недопущению пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания и борьбе с ними,
призывает государства-участники:
1. Отстаивать (…) абсолютный запрет на любые виды пыток и другого жестокого, бесчело- вечного или унижающего достоинство обращения и наказания, добросовестно выполнять в полном объеме ее положения и действовать в полном соответствии со всеми провозгла- шенными в ней принципами; (…)
5. Отказаться и воздерживаться от применения методов допроса, представляющих собой пытки и другие жестокие, бесчеловечные или унижающие достоинство виды обращения и наказания, в том числе для получения сведений или признания;
6. Обеспечивать соблюдение эффективных правовых и процессуальных гарантий на всех этапах содержания под стражей, в том числе на ранних стадиях содержания под стражей в полиции;
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7. Уважать гарантии, касающиеся свободы, безопасности и достоинства человека, и обеспе- чивать отмену длительного содержания под стражей без связи с внешним миром или отказ от тайных мест содержания под стражей и проведения допросов при том понимании, что такое содержание может способствовать совершению пыток и других жестоких, бесчело- вечных или унижающих достоинство видов обращения и наказания и может само по себе составлять форму такого обращения;
8. Квалифицировать любые акты пыток, попытки подвергнуть пытке, а также акты соуча- стия или участия в пытке в качестве преступлений по национальному уголовному праву, включив в него определение пыток, содержащееся в статье 1 КПП ООН, и предусмотрев надлежащие наказания, отражающие их тяжкий характер, и запретить использование све- дений или признания, полученных под пытками или другими видами жестокого, бесчело- вечного или унижающего достоинство обращения и наказания, в качестве доказательства в ходе любого судебного разбирательства, кроме как в качестве доказательства факта совер- шения пыток лицом, обвиняемым в данном правонарушении;
9. Обеспечить, чтобы любое задержанное или находящееся в заключении лицо либо его адвокат имели право обратиться в соответствующие органы с просьбой или жалобой отно- сительно обращения с задержанным или находящимся в заключении лицом, в частности в случае возможного применения пыток или других видов жестокого, бесчеловечного или унижающего достоинство обращения и наказания, чтобы такая просьба или жалоба была оперативно, без неоправданного промедления рассмотрена с направлением соответствую- щего ответа и чтобы ни задержанное или находящееся в заключении лицо, ни любой зая- витель или свидетель не стали объектом санкций или карательных мер в результате их обращения с просьбой, жалобой или дачи тех или иных показаний;
10. Включить информационно-просветительские материалы, касающиеся запрещения пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, в программы подготовки сотрудников правоохранительных органов, граж- данского, военного и медицинского персонала, государственных служащих и других лиц, которые могут быть причастны к содержанию под стражей, допросам или обращению с любым лицом, подвергаемым аресту, задержанию или тюремному заключению в любой форме, с включением в эти программы, в соответствующих случаях, вопросов соразмер- ного применения силы, сведений о всех доступных современных научных методах рас- следования преступлений и наставлений об исключительной важности информирования вышестоящих органов о случаях пыток или других жестоких, бесчеловечных или унижа- ющих достоинство видов обращения и наказания;
11. Поддерживать усилия соответствующих национальных субъектов, таких, как нацио- нальные превентивные механизмы, национальные правозащитные учреждения или дру- гие национальные органы или механизмы, занимающиеся недопущением пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания; а ратифицировавших ФПКПП – выполнить свое обязательство, касающееся назначения или учреждения независимых, наделенных достаточными ресурсами и эффективных нацио- нальных превентивных механизмов;
12. Обеспечить, чтобы государственные органы, во исполнение своих соответствующих международно-правовых обязательств, в полной мере на постоянной основе сотрудничали с соответствующими международными превентивными органами или механизмами, (…) а также с соответствующими национальными органами, такими, как национальные право- защитные учреждения, в том числе посредством предоставления неограниченного доступа
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к местам содержания под стражей, если государство-участник связано международно-пра- вовым обязательством его предоставить;
13. В полной мере сотрудничать с Международным комитетом Красного Креста (МККК) в соответствии с обязательствами государств-участников по международному гуманитар- ному праву;
14. Обеспечивать, чтобы по всем утверждениям о совершении пыток или других видов жестокого, бесчеловечного или унижающего достоинство обращения и наказания, а также во всех случаях, когда имеются разумные основания полагать, что такое деяние было совер- шено, компетентными и независимыми национальными органами проводилось безот- лагательное, эффективное, тщательное и беспристрастное расследование, а также чтобы заявители и свидетели были защищены от жестокого обращения и запугивания вследствие их обращения с жалобой или дачи ими показаний;
15. Обеспечивать, чтобы лица, поощряющие, подстрекающие, отдающие распоряжение, мирящиеся, допускающие, соглашающиеся или совершающие акты пыток либо других видов жестокого, бесчеловечного или унижающего достоинство обращения и наказания, привлекались к ответственности и подвергались наказанию, соразмерному тяжести пре- ступления; к их числу относятся должностные лица, руководящие любым местом содержа- ния под стражей или другим местом лишения свободы, в котором, согласно установленным фактам, было совершено запрещенное деяние;
16. Обеспечивать устранение негативных последствий для жертв пыток или других жесто- ких, бесчеловечных или унижающих достоинство видов обращения и наказания, включая предоставление им эффективных средств правовой защиты и адекватного, эффективного и скорого возмещения ущерба, которое должно включать реституцию, справедливую и адек- ватную компенсацию, реабилитацию, удовлетворение претензий и гарантии неповторения, в полной мере учитывая конкретные потребности жертвы;
17. Обеспечивать возможность оперативного предоставления всем жертвам без какой-либо дискриминации соответствующих реабилитационных услуг и принимать эффективные меры, обеспечивающие жертвам пыток безопасные и благоприятные условия для доступа к реабилитационным услугам и их предоставления;
18. Рассмотреть вопрос о разработке мер по оказанию поддержки всем лицам, пострадав- шим от пыток или других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, включая их детей и других ближайших родственников;
19. Содействовать распространению информации для жертв о возможности воспользо- ваться реабилитационными услугами и обеспечивать прозрачность процедур получения реабилитации;
20. Поддерживать усилия организаций гражданского общества, занимающихся недопуще- нием пыток и других жестоких, бесчеловечных или унижающих достоинство видов обраще- ния и наказания и борьбой с ними, создавать условия для внесения ими активного вклада в соответствующих случаях и использовать представленную ими информацию в предпо- лагаемых случаях применения пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания;
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21. Принимать надлежащие эффективные законодательные, административные, судеб- ные и иные меры в целях недопущения и запрещения производства, торговли, экспорта, импорта и использования оборудования, которое не предназначено ни для какого иного практического применения, кроме пыток и других видов жестокого, бесчеловечного или унижающего достоинство обращения и наказания;
22. Продолжать пользоваться предоставляемыми БДИПЧ консультационными, эксперт- ными услугами и технической помощью в области недопущения пыток и других жесто- ких, бесчеловечных или унижающих достоинство видов обращения и наказания и борьбы с ними или рассмотреть возможность обращения за ними.
479 Указатель
А Бюро по свободным выборам 79, 88, 104, 110 – также см. БДИПЧ, Бюро по демо- авторское право 19, 53, 63 – также кратическим институтам и правам см. интеллектуальная собственность человека альтернативное наказание 101, 327 антисемитизм 91, 108, 128, 133, 140, 146, В 154, 158, 170, 182, 187, 206, 211, 266, 301, верховенство закона 58, 69, 71, 74, 75, 86, 303, 358, 382, 419, 420 – также см. толе- 94, 102, 111, 153, 170, 172, 182, 305, 367 рантность и недискриминация Верховный комиссар по делам националь- ассимиляция (национальных меньшинств ных меньшинств – см. национальные против их воли) 70, 88 меньшинства внутренние перемещенные лица – Б см. перемещенные лица; миграция БДИПЧ, Бюро по демократическим инсти- военная служба, освобождение от про- тутам и правам человека 110, 111, 115, хождения – см. отказ от прохождения 134, 136, 138, 143, 145, 150, 162, 170, 181, военной службы по политическим или 207, 212, 221, 266, 270, 289, 297, 324, 334, религиозно-этическим соображениям 351, 362, 397 возвращающиеся лица 151, 159, 438 – беженцы также см. миграция Конвенция о статусе беженцев 130, 250, 284 воинская повинность 172 общее 45, 130, 135, 155, 158, 166, 171, 185, воссоединение семьи 11, 33, 46, 48 – 235, 250, 309, 357, 359, 382, 439 – также также см. воссоединение семьи см. миграция принцип невыдворения 235 Всеобщая декларация прав человека 5, 31, 45, 52, 68, 99, 361, 399 безгражданство, лица без граждан- ства 171, 357, 359 – также см. граждан- всеобщность прав человека 5, 30, 38, 155, ство 270
беспристрастность – см. независимость выбор места жительства, свобода – судебной системы см. свобода передвижения
борьба с коррупцией – см. коррупция выборы обучение избирателей 250, 416 борьба с терроризмом – см. терроризм общее 60, 62, 74, 79, 151, 172, 208, 256, борьба с торговлей людьми – см. торговля 346 людьми высшая мера наказания – см. смертная казнь (включает ссылки на высшую меру наказания и право на жизнь)
480 Указатель
высылка, произвольная – см. произволь- политический плюрализм 58, 59, 69, ный арест 76, 87 право граждан принимать участие в управлении государством 62 Г демонстрация, право на – см. собрание, гендер, гендерные проблемы свобода Конвенция о ликвидации всех форм дискриминации в отношении жен- дети щин 43, 283, 311, 388 Конвенция о правах ребенка 64, 167, План действий ОБСЕ по гендерным 175, 235, 272, 307, 311, 338, 448 вопросам 254, 274, 275, 276, 279, 288, образование – также см. рома и синти 308, 387, 404, 428 права 167 План действий ОБСЕ по поддержке ген- сексуальная эксплуатация 272, 337, 355, дерного равенства 273, 309 356, 452 равноправие/равенство возможностей торговля 175, 198, 199, 223 мужчин и женщин 31, 43, 74, 106, 172, Факультативный протокол к Конвенции 274, 275, 278, 281, 287, 388, 404, 409, о правах ребенка, касающийся тор- 415, 424, 460 говли детьми, детской проституции сексуальная эксплуатация 198, 223, 231, и детской порнографии 175, 235, 283, 400 – также см. торговля людьми 306, 307, 311, 338, 377 систематический учет гендерной про- дискриминация – см. толерантность блематики 274, 308, 310, 311, 316, 385 и недискриминация; рома и синти; ген- геноцид дер, гендерные проблемы Конвенция о предупреждении пре- доступ к информации, свобода – см. сво- ступления геноцида и наказании за бода выражения мнения, доступа него 262, 362, 376 к информации и свободные СМИ; усло- общее 363 вия работы гражданские и политические права Международный пакт о гражданских Е и политических правах 42, 45, 52, 61, 66, 68, 99, 283, 306, 318, 368, 443 Европейская конвенция о защите прав общее 43 человека и основных свобод общее 42, 44, 64, 66, 206, 297 гражданское общество 207, 303, 332, 353, Протокол № 6 к Конвенции о защите 401, 410, 416, 420, 463 – также см. НПО/ прав человека и основных свобод 66 неправительственные организации; правозащитники Европейский союз, сотрудничество с 176, 183, 185, 200, 221, 256, 312, 391 гражданство 171 – также см. безграждан- ство, лица без гражданства гуманитарное право – см. международное Ж гуманитарное право женщины, права – см. гендер, гендерные проблемы Д жизнь, право на – см. смертная казнь демократия жилье – см. экономические и социальные демократические институты 68, 111, права 123, 182, 287, 325 журналисты – см. свобода выражения общее 68, 74, 76, 99, 111, 131, 170, 209 – мнения, доступа к информации и сво- также см. выборы бодные СМИ; условия работы
481 Указатель
З компенсация, право на 100, 101, 474, 475 – также см. произвольный арест забастовка, право на – см. объединение, свобода Контактный пункт по вопросам рома и синти – см. рома и синти задержание, произвольное – см. произ- вольный арест контакты между людьми 10, 33, 47, 52, 56, 59, 67, 143, 156 занятость – см. экономические и социаль- ные права контртерроризм – см. терроризм защита данных 226, 425, 454 Контртеррористическая сеть – см. терро- ризм здоровье – см. экономические и социаль- ные права коренное население 128 коррупция И Международный пакт об экономиче- ских, социальных и культурных пра- имущественные права 54 – также вах 219, 264, 321, 326, 409, 422, 440, 473 см. интеллектуальная собственность общее 172, 215, 218, 264, 407, 421, 440, институты по правам человека – см. омбу- 470 дсмен и национальные институты по ксенофобия – см. толерантность правам человека и недискриминация интеллектуальная собственность 52, 58, культурное права/культурное наследие 63, 81 интеллектуальная и культурная Интернет жизнь 69, 105 борьба с использованием Интернета общее 32, 43, 64, 67, 75, 272 в террористических целях 261, 263, свобода художественного творче- 329 ства 80, 105 борьба с сексуальной эксплуатацией творчество 80, 105 детей в Интернете 355, 453, 454 и преступления на почве ненави- Л сти 215, 255, 263, 265, 266, 301, 329 содействие толерантности и свободе лишение свободы, произвольное – СМИ посредством Интернета 265, см. произвольный арест 270 информационно-коммуникационные тех- М нологии (ИКТ) 184, 196, 443, 453 массовая депортация – см. толерантность исламофобия – см. мусульмане, нетерпи- и недискриминация мость по отношению к; толерантность медицинская практика, произвольная 65 и недискриминация – также см. пытки и жестокое, бесче- исправление ситуации, эффективные ловечное или унижающее достоинство средства – см. эффективные средства обращение или наказание правовой защиты, право на международное гуманитарное право Женевские конвенции 1949 года К и дополнительные протоколы к ним 155 Кодекс поведения, касающийся воен- общее 130, 138, 140, 147, 155, 171, 195, но-политических аспектов безопасно- 435, 474 сти 145, 181, 197
482 Указатель
международное законодательство население, коренное – см. коренное насе- общепризнанные принципы 6 ление обязательства согласно – см. обязатель- насилие ства согласно международному зако- в отношении детей 64, 272, 338, 425 нодательству в отношении женщин 107, 172, 175, 188, меньшинства – см. национальные мень- 229, 237, 279, 283, 284, 285, 286, 310, 312, шинства 313, 387, 424, 425, 460, 461, 462, 475 в отношении меньшинств – см. толе- местожительство, защита 101 рантность и недискриминация механизмы человеческого измерения наследие, культурное – см. культурное Венский механизм 56, 66, 104, 125 права/культурное наследие Комитет по человеческому измере- нию 341 национализм, агрессивный 128, 134, 137, Контртеррористическая сеть 214 140, 149, 154, 158, 170, 182, 187, 206, 207, Механизм по оказанию государствам-у- 211, 254, 332, 358, 382 – также см. толе- частникам помощи в борьбе с торгов- рантность и недискриминация лей людьми 220, 221, 227, 233, 271, 308, национальные меньшинства 323, 336, 467 Верховный комиссар по делам нацио- Московский механизм 138, 150 нальных меньшинств 115, 116, 133, общее 73, 77, 93, 95, 97, 106, 124, 125, 134 135, 137, 160, 167, 170, 182, 187, 208, 212, миграция 176, 227, 296, 322, 354, 385, 398, 256, 286, 362, 397 405, 439, 453 – также см. право искать; общее 5, 22, 26, 86, 105, 127, 137, 167 ищущие убежища, перемещенные лица; недискриминация – см. толерантность свобода передвижения; беженцы и недискриминация многообразие культур – см. толерантность независимость судебной системы 99, 318, и недискриминация 346 молодежь, молодые люди 12, 21, 26, 34, 47, неприменимость принципа невмешатель- 51, 92, 199, 244, 271, 303, 333, 357, 414, 419, ства 87, 94, 113, 146, 169, 361, 396, 397 429, 438, 456, 471 НПО/неправительственные организа- Московский механизм – см. механизмы ции 121, 122, 138, 150, 172 – также человеческого измерения см. гражданское общество мусульмане, нетерпимость по отношению к 268, 303, 333, 358, 414, 421 – также см. толерантность и недискриминация О мысль, свобода – см. свобода мысли, сове- образование 9, 11, 12, 13, 22, 25, 26, 36, 43, сти, религии или убеждений 44, 47, 55, 56, 65, 68, 72, 78, 89, 90, 100, 108, 111, 129, 131, 154, 207, 216, 219, 229, 235, 240, 246, 247, 248, 256, 265, 266, 267, Н 269, 273, 287, 302, 303, 304, 305, 313, 333, 338, 340, 358, 359, 366, 367, 390, 391, 393, наказание 432 смертный приговор – также см. смерт- доступ к образованию 9, 22, 46, 55, 229, ная казнь 246, 287, 312, 366, 405, 463 унижающее достоинство – см. пытки образовательная деятельность по пра- и жестокое, бесчеловечное или уни- вам человека 107, 129, 256, 304, 333, жающее достоинство обращение или 450 наказание общее 36, 42, 131, 156, 216, 271, 284, 408, 465, 472, 477
483 Указатель
относящаяся к толерантности отказ от прохождения военной службы и недискриминации 137, 187, 266, 268, по политическим или религиозно- 303, 333, 358, 393 – также см. толе- -этическим соображениям – см. свобода рантность и недискриминация мысли, совести, религии или убеждений относящаяся к торговле людьми 235, отмена смертной казни – см. смертная 336, 401, 453 – также см. ; также казнь см. торговля людьми право на 90 религиозное образование 70 – также П см. ; также см. свобода мысли, сове- сти, религии или убеждений Парламентская ассамблея ОБСЕ 166, 172, 183, 213, 257, 266, 269, 280, 338, 346, 347, образовательная деятельность по правам 368, 379, 397, 403, 462, 464 человека – см. образование передвижение, свобода – см. свобода пере- обращение, унижающее достоинство – движения см. пытки и жестокое, бесчеловечное или унижающее достоинство обраще- перемещенные лица ние или наказание общее 135, 151, 155, 158, 166, 230, 250, 382 – также см. убежище, право общение, право на 63, 102 – также искать; ищущие убежища; миграция; см. свобода выражения мнения, доступа беженцы к информации и свободные СМИ Руководящие принципы ООН по объединение, свобода 63 вопросу о перемещении лиц внутри страны 250, 256 обязанности государства – см. обязан- ность выполнять обязательства политические партии 60, 69, 128, 332, 388 – также см. объединение, свобода обязанность выполнять обязательства – см. положения об отступлениях политический плюрализм – см. демокра- тия обязательства согласно международному законодательству, противоречия в 7 положения об отступлениях 68, 103
ограничения прав человека, законные – права, данные от рождения, права чело- см. положения об отступлениях века как 74
ограниченные возможности, лица с 107, права трудящихся 58 464, 465 право на жизнь – см. смертная казнь омбудсмен и национальные институты по правозащитники 153 правам человека 427 Представитель по вопросам свободы Организация Объединенных Наций средств массовой информации – (ООН) см. свобода слова/СМИ конвенции и протоколы – см. соответ- ствующие тематические записи презумпция невиновности – см. справед- сотрудничество с 5, 154, 163, 176, 179, ливое судебное разбирательство, право 183, 190, 195, 200, 201, 221, 228, 236, на 255, 256, 267, 269, 287, 312, 351, 411, 434 преследование 72, 77, 235, 284, 437 – организованная преступность 114, 159, также см. толерантность и недискри- 183, 214, 218, 291, 298, 308, 325, 400, 469 минация
484 Указатель
преступления на почве ненависти 268, Р 303, 331, 333, 357, 391, 415, 416, 421 – также см. толерантность и недискри- рабочие-мигранты 8, 19, 32, 46, 67, 78, 105, минация 129, 155, 256, 296
привлечение к военной службе в при- рабство 197, 223, 231, 285, 313, 362, 399 нудительном порядке – см. воинская равноправие мужчин и женщин – см. ген- повинность дер, гендерные проблемы принудительный труд 58, 198, 231, 314, 451 равноправие наций – см. самоопределение – также см. торговля людьми радикализация – см. терроризм принцип невмешательства – см. неприме- разделение властей – см. демократия нимость принципа невмешательства расизм – см. толерантность и недискри- произвольный арест минация Кодекс поведения должностных лиц по поддержанию правопорядка религия, свобода – см. свобода мысли, (ООН) 45 совести, религии или убеждений Минимальные стандартные пра- религиозное образование – см. образова- вила обращения с заключенными ние (ООН) 45 общее 45, 75, 306, 457, 459 рома и синти Контактный пункт по вопросам рома проституция 223, 285, 337, 338 – также и синти (КПВРС) 154, 165, 167, 198, см. гендер, гендерные проблемы; дети 241, 252, 253, 366, 400 профессиональная подготовка 8, 9, 47, общее 154, 165, 167, 171, 188, 215, 238, 244, 465 311, 366, 389, 414 План действий по улучшению поло- профсоюзы – см. объединение, свобода жения рома и синти в регионе психиатрическая или другая медицинская ОБСЕ 216, 237, 238, 254, 359, 366, 389, практика, произвольная 65 – также 414 см. пытки и жестокое, бесчеловечное или унижающее достоинство обраще- ние или наказание С пытки и жестокое, бесчеловечное или самоопределение, право на 5, 41, 76, 94 унижающее достоинство обращение свобода выражения мнения, доступа или наказание к информации и свободные СМИ 63, Европейская конвенция по предупреж- 74, 80, 99, 102, 104, 111, 131, 139, 156, 161, дению пыток и бесчеловечного или 162, 163, 167, 184, 187, 242, 255, 270, 271, унижающего достоинство обраще- 303, 328, 358, 393, 411, 421, 429, 456 ния или наказания 45, 65, 153, 306, 318, 377 свобода доступа к информации – см. сво- Комитет ООН против пыток 65 бода выражения мнения, доступа общее 45, 65, 75, 101, 153, 171, 306, 362, к информации и свободные СМИ 473 свобода мысли, совести, религии или Специальный докладчик ООН по про- убеждений блеме пыток и другого жестокого общее 170, 206, 255, 301, 302, 362, 413, бесчеловечного или унижающего 429 достоинство обращения или наказа- религиозное образование – см. образо- ния 153 вание
485 Указатель
свобода объединения 75 – также см. объ- Совет Европы, сотрудничество с 110, 125, единение, свобода 137, 154, 163, 176, 188, 200, 221, 256, 298, 312, 391 свобода передвижения 156 – также см. миграция социальная справедливость – см. эконо- мические и социальные права свобода слова – см. свобода слова/СМИ социальное обеспечение – см. экономиче- свобода слова/СМИ ские и социальные права журналисты – см. условия работы: жур- налистов социальные права – см. экономические право знать свои права и действовать и социальные права в соответствии с ними 5, 31, 42, 64, 75 справедливое судебное разбирательство, Представитель по вопросам свободы право на 306, 318, 369 средств массовой информации 161, 162, 167, 170, 182, 183, 184, 187, 208, 212, средства правовой защиты, эффективные 243, 256, 270, 286, 329, 334, 362, 397, 460 – см. эффективные средства правовой защиты, право на свобода СМИ – см. свобода выражения мнения, доступа к информации и сво- судебная система – см. независимость бодные СМИ судебной системы свобода собрания – см. собрание, свобода свобода художественного творчества – Т см. культурное права/культурное насле- тайна переписки, защита 51, 101 дие творчество – см. культурное права/куль- свободные потоки информации – см. сво- турное наследие бода выражения мнения, доступа к информации и свободные СМИ территориальная целостность госу- дарств 3, 5, 71, 76, 94 свободные СМИ – см. свобода выражения мнения, доступа к информации и сво- территориальный экспансионизм 149 – бодные СМИ также см. толерантность и недискри- минация сексуальная эксплуатация – см. дети; ген- дер, гендерные проблемы терроризм 429 Антитеррористическое подразделение семейная жизнь, уважение 101 (АТП) ОБСЕ 257, 258, 286 синти и рома – см. рома и синти Бухарестский план действий по борьбе с терроризмом 179, 180, 201, 204, 223, слово, свобода – см. свобода слова/СМИ 261, 263, 298, 394 смертная казнь (включает ссылки на выс- Конвенция о борьбе с финансирова- шую меру наказания и право на жизнь) нием терроризма 184 Второй Факультативный протокол Контртеррористическая сеть 257, 331 к Международному пакту о граждан- насильственный экстремизм и ради- ских и политических правах 66, 105 кализация, ведущая к 350, 372, 380, общее 66, 105, 475 392, 430 Хартия ОБСЕ о предупреждении тер- СМИ, свобода – см. свобода слова/СМИ роризма и борьбе с ним 193, 194, 204, собрание, свобода 44, 63, 75, 166 261, 263
совесть, свобода – см. свобода мысли, толерантность и недискриминация совести, религии или убеждений Конвенция о ликвидации всех форм расовой дискриминации 128, 238, 239
486 Указатель
общее 154, 187, 194, 206, 207, 254, 265, условия работы 301, 331, 357, 391 журналистов 15, 52, 162 общее 58, 67, 129, 353 торговля людьми Конвенция ООН против транснацио- Устав ООН 5, 28, 76, 94, 121, 145, 169, 206, нальной организованной преступно- 380 сти 283, 300, 311, 327, 328, 336, 338 Механизмы перенаправления жертв торговли людьми на национальном Х уровне 199, 353 Холокост 246, 262, 266, 303, 332, 333, 376, общее 172, 175, 178, 184, 194, 197, 211, 421 214, 220, 222, 253, 271, 283, 285, 298, 307, 311, 313, 322, 323, 325, 335, 340, 351, художественное творчество 20, 80, 105 363, 368, 399, 404, 412, 416, 448, 452, 461 Ц План действий ОБСЕ по борьбе с тор- говлей людьми 220, 271, 278, 308, 313, цыгане – см. рома и синти 417 Протокол ООН о предупреждении Ч и пресечении торговли людьми, осо- бенно женщинами и детьми, и нака- частная жизнь, уважение 101 зании за нее 311 чрезвычайное положение 68, 103, 124 – Протокол ООН против незаконного также см. чрезвычайное положение; ввоза мигрантов по суше, морю и воз- положения об отступлениях духу 198 Специальный представитель по борьбе с торговлей людьми 324 Э тюрьма экономические и социальные права заключение в тюрьму, произвольное – жилье 8, 33, 43, 89, 129, 235, 240, 243, 417 см. пытки и жестокое, бесчеловечное занятость 8, 11, 33, 43, 47, 219, 240, 242, или унижающее достоинство обраще- 244, 287, 312, 354, 401, 404, 405, 417, ние или наказание 432, 451, 463 обращение с заключенными, права здоровье 43, 68, 129, 210, 219, 234, 240, заключенных – см. пытки и жестокое, 245, 319, 367, 416, 450 бесчеловечное или унижающее досто- общее 169, 245 инство обращение или наказание социальная справедливость 58, 67, 75, реформирование учреждений исполне- 113, 159, 262, 376 ния наказаний 174, 184, 189 социальное обеспечение 8, 11, 43, 68, 129 экономические и социальные права 42, У 61, 283, 335 убеждения, свобода – см. свобода мысли, экспансионизм, территориальный – совести, религии или убеждений см. территориальный экспансионизм убежище экстремизм 149, 168, 206, 211, 215, 218, 254, ищущие 215, 256, 296, 350 302, 350, 372, 376, 429, 436, 438 – также право искать 171 см. толерантность и недискриминация уголовный процесс 184 – также см. спра- электронные средства связи, защита 101 ведливое судебное разбирательство, право на этнические чистки – см. толерантность и недискриминация
487 Указатель
эффективные средства правовой защиты, право на 43, 72, 75, 240, 311, 390
Ю юристы, независимость – см. независи- мость судебной системы
488
OSCE Compromisos de la Dimensión Humana Volumen 2 Recopilación cronológica
4ª edición OSCE Compromisos de la Dimensión Humana Volumen 2 Recopilación cronológica
4ª edición
La OSCE/OIDDH agradece el apoyo financiero prestado por la República Federal de Alemania para fines de esta publicación. OSCE Compromisos de la Dimensión Humana, Volumen 2, Recopilación cronológica. 4ª edición
Publicado por la Oficina de Instituciones Democráticas y Derechos Humanos de la OSCE (OIDDH) Ul. Miodowa 10 00-251 Varsovia, Polonia www.osce.org/odihr
© OSCE/OIDDH 2023
Todos los derechos reservados. Los contenidos de esta publicación pueden ser utilizados y copiados libremente para fines educativos y otros fines no comerciales, siempre y cuando dicha reproducción esté acompañada de un reconocimiento de la OSCE/OIDDH como fuente original.
ISBN 978-92-9271-171-9
Diseñado por Homework Contenidos
Conferencia sobre la Seguridad y la Cooperación en Europa Helsinki 1975 1
Documento de clausura de la Reunión de Madrid (Segunda Reunión de la Conferencia sobre la Seguridad y la Cooperación en Europa) Madrid 1983 27
Documento de la Conferencia de Estocolmo sobre Medidas destinadas a Fomentar la Confianza y la Seguridad y sobre Desarme en Europa Estocolmo 1986 35
Documento de clausura de la reunión de Viena (Tercera Reunión de la Conferencia sobre la Seguridad y la Cooperación en Europa) Viena 1989 37
Informe de la Reunión sobre la Protección del Medio Ambiente Sofía 1989 (Viena 1990) 53
Documento de la Conferencia de Bonn sobre Cooperación Económica en Europa Bonn 1990 54
Documento de la reunión de Copenhague de la conferencia sobre la dimensión humana de la CSCE Copenhague 1990 55
Carta de París para una Nueva Europa Paris 1990 69
Documento del Simposio de Cracovia sobre el Patrimonio Cultural de los Estados Participantes en la CSCE Cracovia 1991 75
Informe de la Reunión de Expertos sobre Minorías Nacionales de la CSCE Ginebra 1991 81 Documento de la Reunión de Moscú de la Conferencia sobre la Dimensión Humana de la CSCE Moscú 1991 88
Documento de Praga sobre el ulterior desarrollo de las instituciones y estructuras de la CSCE (Segunda Reunión del Consejo) Praga 1992 103
Documento de Helsinki: El Desafío del cambio (Cumbre de Jefes de Estado) Helsinki 1992 106
Documento de la Tercera Reunión del Consejo de la CSCE Estocolmo 1992 123
Documento de la Cuarta Reunión del Consejo de la CSCE Roma 1993 126
Documento de Budapest: Hacia una auténtica asociación en una nueva era (Cumbre de Jefes de Estado) Budapest 1994 132
Documento de Lisboa (Cumbre de Jefes de Estado) Lisboa 1996 145
Documento de la Sexta Reunión del Consejo Ministerial Copenhague 1997 148
Documento de la Séptima Reunión del Consejo Ministerial Oslo 1998 151
Documento de Estambul (Cumbre de Jefes de Estado) Estambul 1999 152
Documento de la Octava Reunión del Consejo Ministerial Viena 2000 161
Documento de la Novena Reunión del Consejo Ministerial Bucarest 2001 164
Documento de la Décima Reunión del Consejo Ministerial Oporto 2002 177 Documento de la Undécima Reunión del Consejo Ministerial Maastricht 2003 193
Documento de la Duodécima Reunión del Consejo Ministerial Sofía 2004 242
Documento de la Decimotercera Reunión del Consejo Ministerial Liubliana 2005 270
Documento de la Decimocuarta Reunión del Consejo Ministerial Bruselas 2006 298
Documento de la Decimoquinta Reunión del Consejo Ministerial Madrid 2007 325
Documento de la Decimosexta Reunión del Consejo Ministerial Helsinki 2008 336
Documento de la Decimoséptima Reunión del Consejo Ministerial Atenas 2009 348
Declaración conmemorativa de Astana Astana 2010 370
Documento de la Decimoctava Reunión del Consejo Ministerial Vilnius 2011 373
Documento de la Decimonovena Reunión del Consejo Ministerial Dublín 2012 381
Documento de la Vigésima Reunión del Consejo Ministerial Kiev 2013 386
Documento de la Vigesimoprimera Reunión del Consejo Ministerial Basilea 2014 392
Documento de la Vigesimosegunda Reunión del Consejo Ministerial Belgrado 2015 401
Documento de la Vigesimotercera Reunión del Consejo Ministerial Hamburgo 2016 408
Documento de la Vigesimocuarta Reunión del Consejo Ministerial Viena 2017 417 Documento de la Vigesimoquinta Reunión del Consejo Ministerial Milán 2018 425
Documento de la Vigesimoséptima Reunión del Consejo Ministerial Tirana 2020 437
Índice 446 Conferencia sobre la Seguridad y la Cooperación en Europa Helsinki 1975
(…)
Los Altos Representantes de los Estados participantes han adoptado solemnemente lo siguiente:
Cuestiones relativas a la seguridad en Europa
Los Estados participantes en la Conferencia sobre la Seguridad y la Cooperación en Europa,
Reafirmando su objetivo de promover mejores relaciones entre ellos y de lograr condiciones en las que sus pueblos puedan vivir en una paz auténtica y duradera, libres de toda amenaza o aten- tado contra su seguridad;
Convencidos de la necesidad de realizar esfuerzos para conseguir que la distensión sea un pro- ceso continuo y cada vez más viable y general, de dimensión universal, y de que la aplicación de los resultados de la Conferencia sobre la Seguridad y la Cooperación en Europa constituirá una contribución fundamental a este proceso;
Considerando que la solidaridad entre los pueblos, así como el objetivo común de los Estados par- ticipantes de lograr los propósitos enunciados por la Conferencia sobre la Seguridad y la Coope- ración en Europa, deben conducir a desarrollar mejores y más estrechas relaciones entre ellos en todos los campos, y de este modo superar la confrontación resultante del carácter de sus relacio- nes pasadas, y a un mejor entendimiento mutuo;
Conscientes de su historia común y reconociendo que la existencia de elementos comunes en sus tradiciones y valores puede ayudarles a desarrollar sus relaciones, y deseosos de buscar, teniendo plenamente en cuenta la individualidad y la diversidad de sus posiciones y opiniones, posibilida- des para unir sus esfuerzos con miras a superar la desconfianza y a aumentar la confianza, resol- viendo los problemas que los separan y cooperando en interés de la humanidad;
Reconociendo el carácter indivisible de la seguridad en Europa, así como su interés común en el desarrollo de la cooperación en toda Europa y entre ellos mismos, y expresando su intención de proseguir los esfuerzos en este sentido;
Reconociendo la estrecha relación que existe entre la paz y la seguridad en Europa y en todo el mundo, y conscientes de la necesidad de que cada uno de ellos contribuya al fortalecimiento de la paz y la seguridad mundiales, así como al fomento de los derechos fundamentales, del progreso económico y social y del bienestar de todos los pueblos;
1 Helsinki 1975
Adoptaron lo siguiente:
1. (a) Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes
Los Estados participantes,
Reafirmando su dedicación a la paz, la seguridad y la justicia y al constante desarrollo de relacio- nes amistosas y cooperación;
Reconociendo que esta dedicación, que refleja el interés y las aspiraciones de los pueblos, consti- tuye para cada Estado participante una responsabilidad presente y futura, fortalecida por la expe- riencia del pasado;
Reafirmando, de conformidad con su calidad de miembros de las Naciones Unidas y de acuerdo con los propósitos y principios de las Naciones Unidas, su pleno y activo apoyo a las Naciones Uni- das y al realce de su función y efectividad para el fortalecimiento de la paz, la seguridad y la justi- cia internacionales, y para contribuir a la solución de los problemas internacionales, así como para el desarrollo de las relaciones amistosas y la cooperación entre los Estados;
Expresando su común adhesión a los principios que a continuación se enuncian y que son confor- mes con la Carta de las Naciones Unidas, así como su común voluntad de actuar, en la aplicación de estos principios, de conformidad con los propósitos y principios de la Carta de las Naciones Unidas;
Declaran su determinación de respetar y poner en práctica, cada uno de ellos en sus relaciones con todos los demás Estados participantes, independientemente de sus sistemas políticos, econó- micos o sociales, así como de su tamaño, situación geográfica o nivel de desarrollo económico, los siguientes principios, todos ellos de significación primordial, que rigen sus relaciones mutuas:
I. Igualdad soberana, respeto de los derechos inherentes a la soberanía
Los Estados participantes respetarán la igualdad soberana y la individualidad de cada uno de ellos, así como todos los derechos inherentes a su soberanía y comprendidos en ella, incluyendo, en par- ticular, el derecho de todo Estado a la igualdad jurídica, a la integridad territorial y a la libertad y a la independencia política. Respetarán además el derecho de cada uno a elegir y desarrollar libremente sus sistemas políticos, sociales, económicos y culturales, así como su derecho a deter- minar sus leyes y reglamentos.
En el contexto del derecho internacional, todos los Estados participantes tienen iguales derechos y deberes. Respetarán el derecho de cada uno de ellos a definir y conducir como estime oportuno sus relaciones con otros Estados, de conformidad con el derecho internacional y en el espíritu de la presente Declaración. Consideran que sus fronteras podrán ser modificadas, de conformidad con el derecho internacional, por medios pacíficos y por acuerdo. También tienen el derecho de pertenecer o no pertenecer a organizaciones internacionales, de ser o no ser parte en tratados bila- terales o multilaterales, incluyendo el derecho de ser o no ser parte en tratados de alianza; tienen también el derecho a la neutralidad.
2 Helsinki 1975
II. Abstención de recurrir a la amenaza o al uso de la fuerza
Los Estados participantes se abstendrán en sus relaciones mutuas, así como en sus relaciones inter- nacionales en general, de recurrir a la amenaza o al uso de la fuerza contra la integridad territo- rial o la independencia política de cualquier Estado, o de cualquier otra forma incompatible con los propósitos de las Naciones Unidas y con la presente Declaración. No podrá invocarse ninguna consideración que pueda servir para justificar el recurso a la amenaza o al uso de la fuerza en con- travención de este principio.
En consecuencia, los Estados participantes se abstendrán de todo acto que constituya una amenaza de fuerza o un uso directo o indirecto de la fuerza contra otro Estado participante. Igualmente, se abstendrán de cualquier manifestación de fuerza con el propósito de inducir a otro Estado par- ticipante a renunciar al pleno ejercicio de sus derechos soberanos. Se abstendrán igualmente en sus relaciones mutuas de cualquier acto de represalia por la fuerza. Tal amenaza o uso de la fuerza no se empleará como medio de arreglo de controversias o cuestiones que puedan originar con- troversias entre ellos.
III. Inviolabilidad de las fronteras
Los Estados participantes consideran mutuamente como inviolables todas sus fronteras, así como las fronteras de todos los Estados en Europa y en consecuencia se abstendrán ahora y en el futuro de atacar dichas fronteras.
En consecuencia, se abstendrán también de toda exigencia o de todo acto encaminado a apode- rarse y usurpar todo o parte del territorio de cualquier Estado participante.
IV. Integridad territorial de los Estados
Los Estados participantes respetarán la integridad territorial de cada uno de los Estados partici- pantes.
Por consiguiente, se abstendrán de toda acción incompatible con los propósitos y principios de la Carta de las Naciones Unidas, contra la integridad territorial, la independencia política o la uni- dad de cualquier Estado participante, y en particular de cualquier acción semejante que consti- tuya una amenaza o uso de la fuerza.
Los Estados participantes se abstendrán asimismo de hacer del territorio de cualquiera de ellos objeto de ocupación militar o de otras medidas de fuerza directas o indirectas que contravengan el derecho internacional, u objeto de adquisición mediante tales medidas o la amenaza de ellas. Ninguna de tales ocupación o adquisición se reconocerá como legal.
V. Arreglo de las controversias por medios pacíficos
Los Estados participantes arreglarán las controversias entre ellos por medios pacíficos, de manera que no se pongan en peligro la paz internacional y la seguridad, y la justicia.
Procurarán, de buena fe y con espíritu de cooperación, lograr una solución rápida y equitativa, basada en el derecho internacional. A este fin, se servirán de medios tales como la negociación, la investigación, la mediación, la conciliación, el arbitraje, el arreglo judicial u otros medios pací- ficos de su elección, incluyendo cualquier procedimiento de arreglo convenido con anterioridad a las controversias en las que sean parte.
3 Helsinki 1975
En caso de no lograr una solución mediante cualquiera de los medios pacíficos anteriormente men- cionados, las partes en la controversia continuarán buscando una forma mutuamente convenida para arreglar pacíficamente la controversia.
Aquellos Estados participantes que sean parte en una controversia entre ellos, así como otros Esta- dos participantes, se abstendrán de toda acción que pueda agravar la situación hasta el punto de poner en peligro el mantenimiento de la paz y la seguridad internacionales y que, por tanto, pueda dificultar el arreglo de la controversia por medios pacíficos.
VI. No intervención en los asuntos internos
Los Estados participantes se abstendrán de cualquier intervención directa o indirecta, individual o colectiva, en los asuntos internos o externos propios de la jurisdicción interna de otro Estado participante, independientemente de sus relaciones mutuas.
Por lo tanto, se abstendrán de cualquier forma de intervención armada o de amenaza de tal inter- vención contra otro Estado participante.
Se abstendrán, asimismo, en todas las circunstancias, de cualquier otro acto de coerción militar, política, económica o de otro tipo, encaminado a subordinar a su propio interés el ejercicio por parte de otro Estado participante de los derechos inherentes a su soberanía y a obtener así venta- jas de cualquier clase.
En consecuencia, se abstendrán, entre otras cosas, de prestar asistencia directa o indirecta a las actividades terroristas, o a las actividades subversivas o de otro tipo encaminadas a derrocar por la violencia el régimen de otro Estado participante.
VII. Respeto de los derechos humanos y de las libertades fundamentales, incluida la libertad de pensamiento, conciencia, religión o creencia
Los Estados participantes respetarán los derechos humanos y las libertades fundamentales de todos, incluyendo la libertad de pensamiento, conciencia, religión o creencia, sin distinción por motivos de raza, sexo, idioma o religión.
Promoverán y fomentarán el ejercicio efectivo de los derechos y libertades civiles, políticos, eco- nómicos, sociales, culturales y otros derechos y libertades, todos los cuales derivan de la dignidad inherente a la persona humana y son esenciales para su libre y pleno desarrollo.
En este contexto, los Estados participantes reconocerán y respetarán la libertad de la persona de profesar y practicar, individualmente o en comunidad con otros, su religión o creencia, actuando de acuerdo con los dictados de su propia conciencia.
Los Estados participantes en cuyo territorio existan minorías nacionales respetarán el derecho de los individuos pertenecientes a tales minorías a la igualdad ante la ley, les proporcionarán la plena oportunidad para el goce real de los derechos humanos y las libertades fundamentales y, de esta manera, protegerán los legítimos intereses de aquéllos en esta esfera.
Los Estados participantes reconocen el valor universal de los derechos humanos y de las liberta- des fundamentales, cuyo respeto es un factor esencial de la paz, la justicia y el bienestar necesa- rios para asegurar el desarrollo de relaciones amistosas y de cooperación tanto entre ellos como entre todos los Estados.
4 Helsinki 1975
Respetarán constantemente estos derechos y libertades en sus relaciones mutuas y procurarán pro- mover, conjuntamente y por separado, inclusive en cooperación con las Naciones Unidas, el res- peto universal y efectivo de los mismos.
Confirman el derecho de la persona a conocer y poner en práctica sus derechos y obligaciones en este terreno.
En el campo de los derechos humanos y de las libertades fundamentales, los Estados participantes actuarán de conformidad con los propósitos y principios de la Carta de las Naciones Unidas y con la Declaración Universal de Derechos Humanos. Cumplirán también sus obligaciones tal como han sido definidas en los pertinentes acuerdos y declaraciones internacionales en este terreno, incluyendo entre otros los Pactos Internacionales de Derechos Humanos, por los que puedan ser obligados.
VIII. Igualdad de derechos y libre determinación de los pueblos
Los Estados participantes respetarán la igualdad de derechos de los pueblos, y su derecho a la libre determinación, obrando en todo momento de conformidad con los propósitos y principios de la Carta de las Naciones Unidas y con las normas pertinentes del derecho internacional, incluyendo las que se refieren a la integridad territorial de los Estados.
En virtud del principio de la igualdad de derechos y libre determinación de los pueblos, todos los pueblos tienen siempre el derecho, con plena libertad, a determinar cuándo y cómo lo deseen, su condición política interna y externa, sin injerencia exterior, y a proseguir, como estimen oportuno, su desarrollo político, económico, social y cultural.
Los Estados participantes reafirman la importancia universal del respeto y del ejercicio efectivo de la igualdad de derechos y la libre determinación de los pueblos para el desarrollo de relaciones amistosas, tanto entre ellos como entre todos los Estados; asimismo recuerdan la importancia de eliminar cualquier forma de violación de este principio.
IX. Cooperación entre los Estados
Los Estados participantes desarrollarán su cooperación entre sí, y con todos los Estados en todos los campos, de acuerdo con los propósitos y principios de la Carta de las Naciones Unidas. Al desa- rrollar su cooperación, los Estados participantes atenderán especialmente a aquellos campos, tal y como han sido establecidos, dentro del marco de la Conferencia sobre la Seguridad y la Coope- ración en Europa, haciendo cada uno de ellos su contribución en condiciones de plena igualdad.
Procurarán, al desarrollar su cooperación como iguales, promover la comprensión y la confianza mutuas, las relaciones amistosas y de buena vecindad entre ellos, la paz internacional, la seguridad y la justicia. Procurarán también, al desarrollar su cooperación, mejorar el bienestar de los pue- blos y contribuir al logro de sus aspiraciones mediante, entre otros, los beneficios resultantes del mayor conocimiento mutuo y de los progresos y consecuciones en los terrenos económico, cientí- fico, tecnológico, social, cultural y humanitario. Adoptarán medidas para promover condiciones favorables que pongan estos beneficios al alcance de todos; tendrán en cuenta el interés de todos en reducir las diferencias en los niveles de desarrollo económico y, en particular, el interés de los países en desarrollo en todo el mundo.
Confirman que los gobiernos, instituciones, organizaciones y personas tienen un papel importante y positivo que desempeñar para contribuir al logro de estos objetivos de su cooperación.
5 Helsinki 1975
Se esforzarán, al aumentar la cooperación de la manera arriba indicada, en desarrollar relacio- nes más estrechas entre ellos, sobre una base mejor y más duradera en beneficio de los pueblos.
X. Cumplimiento de buena fe de las obligaciones contraídas según el derecho internacional
Los Estados participantes cumplirán de buena fe sus obligaciones contraídas según el derecho internacional, tanto las obligaciones dimanantes de los principios y normas de derecho interna- cional generalmente reconocidos, como las obligaciones dimanantes de tratados u otros acuerdos, en conformidad con el derecho internacional, en los que son parte.
En el ejercicio de sus derechos soberanos, incluyendo el derecho de determinar sus leyes y regla- mentos, se atendrán a sus obligaciones jurídicas según el derecho internacional; además, tendrán debidamente en cuenta y aplicarán las disposiciones del Acta Final de la Conferencia sobre la Segu- ridad y la Cooperación en Europa.
Los Estados participantes confirman que, en caso de conflicto entre las obligaciones de los Miem- bros de las Naciones Unidas, en virtud de la Carta de las Naciones Unidas, y de sus obligaciones en virtud de cualquier tratado u otro acuerdo internacional, prevalecerán sus obligaciones contraí- das en virtud de la Carta, de conformidad con el Artículo 103 de la Carta de las Naciones Unidas.
Todos los principios arriba enunciados son de significación primordial y, por lo tanto, se aplica- rán por igual y sin reservas, interpretándose cada uno de ellos teniendo en cuenta a los demás.
Los Estados participantes expresan su determinación de respetar y aplicar plenamente estos prin- cipios, tal como se enuncian en la presente Declaración, en todos los aspectos, a sus relaciones mutuas y a su cooperación, a fin de asegurar a cada uno de los Estados participantes los beneficios que se derivan del respeto y aplicación de estos principios por parte de todos.
Los Estados participantes, teniendo debidamente en cuenta los principios arriba enunciados y, en particular, la primera frase del décimo principio, «Cumplimiento de buena fe de las obligaciones contraídas según el derecho internacional», constatan que la presente Declaración no afecta a sus derechos y obligaciones, ni a los tratados y otros acuerdos y arreglos correspondientes.
Los Estados participantes expresan la convicción de que el respeto de estos principios fomentará el desarrollo de relaciones normales y amistosas y el progreso de la cooperación entre ellos en todos los campos. Expresan también la convicción de que el respeto de estos principios fomentará el desarrollo de los contactos políticos entre ellos, lo que a su vez contribuirá a una mejor compren- sión mutua de sus actitudes y opiniones.
Los Estados participantes declaran su intención de conducir sus relaciones con los demás Estados en el espíritu de los principios contenidos en la presente Declaración.
(b) Cuestiones relativas a la puesta en práctica de algunos de los principios arriba enunciados
(i) Los Estados participantes,
Reafirmando que respetarán y harán efectiva la abstención de recurrir a la amenaza o al uso de la fuerza y convencidos de la necesidad de hacer de ella una norma efectiva de la vida internacional,
6 Helsinki 1975
Declaran que están resueltos a respetar y a llevar a cabo en sus relaciones mutuas, entre otras, las siguientes disposiciones que están de acuerdo con la Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes: • Dar efecto y expresión, por todos los medios y formas que estimen oportunos, al deber de abs- tenerse de recurrir a la amenaza o al uso de la fuerza en sus relaciones mutuas. • Abstenerse de todo uso de fuerzas armadas incompatible con los propósitos y principios de la Carta de las Naciones Unidas y las disposiciones de la Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes, contra otro Estado participante y en particular de la invasión o del ataque de su territorio. • Abstenerse de cualquier manifestación de fuerza con el propósito de inducir a otro Estado par- ticipante a renunciar al pleno ejercicio de sus derechos soberanos. • Abstenerse de cualquier acto de coerción económica encaminada a subordinar a su propio inte- rés el ejercicio, por parte de otro Estado participante, de los derechos inherentes a su soberanía y conseguir así ventajas de cualquier índole. • Adoptar medidas efectivas que, por su alcance y por su carácter, constituyan pasos encaminados al objetivo final del desarme general y completo bajo un control internacional estricto y eficaz. • Promover, por todos los medios que cada uno de ellos considere adecuados, un clima de con- fianza y de respeto entre los pueblos, en consonancia con su deber de abstenerse de la propa- ganda en favor de guerras de agresión o de cualquier amenaza o uso de la fuerza, incompatible con los propósitos de las Naciones Unidas y con la Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes, contra otro Estado participante. • Realizar todos los esfuerzos para solucionar exclusivamente por medios pacíficos toda contro- versia entre ellos, cuya prolongación sea susceptible de poner en peligro el mantenimiento de la paz y la seguridad internacionales en Europa, y procurar, en primer lugar, una solución por los medios pacíficos estipulados en el Artículo 33 de la Carta de las Naciones Unidas. • Abstenerse de toda acción que pueda entorpecer el arreglo pacífico de controversias entre los Estados participantes. (…)
Cooperación en materia de economía, ciencia, tecnología y medio ambiente (…)
6. Cooperación en otros sectores (…)
Aspectos económicos y sociales de la mano de obra migratoria
Los Estados participantes,
Considerando que los movimientos de trabajadores migrantes en Europa han alcanzado dimen- siones importantes y que constituyen un importante factor económico, social y humano, tanto en los países que los reciben como en los países de origen,
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Reconociendo que las migraciones de trabajadores han hecho surgir asimismo varios problemas económicos, sociales, humanos y de otra índole tanto en los países que los reciben como en los países de origen,
Teniendo debidamente en cuenta las actividades en esa esfera de las organizaciones internaciona- les competentes, sobre todo de la Organización Internacional del Trabajo, • estiman que los problemas que la migración de trabajadores en Europa plantea a nivel bilateral, así como entre los Estados participantes, deben ser examinados por las partes directamente afec- tadas a fin de resolver esos problemas en interés mutuo, en consideración a las preocupaciones de cada Estado interesado en que se atiendan debidamente las necesidades que provienen de su situación socioeconómica, habida cuenta la obligación de cada Estado de atenerse a los acuer- dos bilaterales y multilaterales de que es parte, y teniendo presentes los siguientes objetivos; • fomentar los esfuerzos de los países de origen encaminados a aumentar las posibilidades de empleo para sus nacionales en sus propios territorios, desarrollando especialmente una coope- ración económica adecuada con ese objeto que sea satisfactoria para los países de inmigración y los países de origen interesados; • lograr, gracias a la colaboración de los países de inmigración y los de origen, las condiciones en que pudiera desarrollarse el movimiento ordenado de los trabajadores, al tiempo que se protege su bienestar personal y social, y organizar, llegado el caso, la contratación y una preparación lingüística y profesional elemental de los trabajadores inmigrantes; • adoptar las disposiciones necesarias con objeto de que los trabajadores inmigrantes tengan los mismos derechos que los nacionales de los países de inmigración en lo que se refiere a las con- diciones de empleo y de trabajo y en materia de seguridad social, y velar por que los trabajado- res inmigrantes puedan disfrutar de un nivel de vida satisfactorio, en especial en lo que respecta a vivienda; • velar por que, en cuanto sea posible, los trabajadores inmigrantes puedan tener las mismas posi- bilidades que los nacionales de los países de inmigración para encontrar otros empleos conve- nientes en caso de desempleo; • considerar favorablemente que se facilite una formación profesional a los trabajadores inmigran- tes y que, en la medida de los posible, se les enseñe gratuitamente la lengua del país de inmigra- ción, en el marco de su empleo; • confirman el derecho de los trabajadores inmigrantes a recibir, dentro de lo posible, una infor- mación regular en su propio idioma, tanto en lo que se refiere a su país de origen como al país de inmigración; • velar por que los hijos de los trabajadores inmigrantes establecidos en el país de inmigración reciban la enseñanza que corrientemente se imparte y en igualdad de condiciones que los niños del citado país y, además, permitirles que reciban una enseñanza suplementaria de su propio idioma, cultura, historia y geografía; • tener en cuenta que los trabajadores inmigrantes, especialmente los que han adquirido cualifi- caciones, podrán, al volver a su país después de cierto periodo, ayudar a remediar en su país de origen, la escasez de mano de obra calificada; • facilitar, en todo lo posible, la reunión de los trabajadores migrantes con sus familias; • considerar con ánimo favorable los esfuerzos emprendidos por los países de origen para atraer los ahorros de los trabajadores inmigrantes, a fin de incrementar, dentro del marco de su desa- rrollo económico, las posibilidades adecuadas de empleo, facilitando de esa forma la reintegra- ción de esos trabajadores a su regreso
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(…)
Cooperación en el campo humanitario y en otros campos
Los Estados participantes,
Deseando contribuir al fortalecimiento de la paz y al entendimiento entre los pueblos, así como al enriquecimiento espiritual de la personalidad humana sin distinción de raza, sexo, lengua o religión,
Conscientes de que el incremento de los intercambios culturales y educativos, la difusión más amplia de la información, los contactos entre las personas y la solución de problemas humanita- rios contribuirán a la consecución de estos objetivos,
Determinados por consiguiente a cooperar entre sí independientemente de sus sistemas políticos, económicos y sociales, para crear mejores condiciones en las citadas esferas, desarrollar y fortalecer las existentes formas de cooperación y elaborar nuevos cauces y medios adecuados a tales objetivos,
Convencidos de que esta cooperación habrá de realizarse con pleno respeto de los principios que rigen las relaciones entre los Estados participantes, tal como figuran en el documento correspon- diente,
Adoptaron lo siguiente:
1. Contactos entre personas
Los Estados participantes,
Considerando que el fomento de los contactos es elemento importante para reforzar las relaciones amistosas y la confianza entre los pueblos,
Afirmando, en relación con su actual esfuerzo para mejorar las condiciones en esta materia, la importancia que dan a las consideraciones humanitarias,
Deseando con este espíritu desarrollar, con la prosecución de una disminución de las tensiones, nuevos esfuerzos para lograr un progreso continuo en esta esfera,
Y conscientes de que las cuestiones relacionadas con tal tema deben ser resueltas por los Estados interesados en condiciones mutuamente aceptables,
Se fijan como objetivo facilitar, por separado y colectivamente, a nivel público o privado, movi- mientos y contactos más libres entre personas, instituciones y organizaciones de los Estados par- ticipantes, y contribuir a la solución de los problemas humanitarios que se planteen en esta esfera,
Se declaran, a estos fines, resueltos a tomar las medidas que consideren apropiadas y a concertar entre ellos convenios o acuerdos, según sea necesario, y
Expresan su intención ahora de comenzar a aplicar lo que sigue:
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(a) Contactos y encuentros regulares tomando como base los lazos de familia
Con miras a contribuir a un mayor desarrollo de los contactos tomando como base los lazos de familia, los Estados participantes examinarán favorablemente las solicitudes de desplazamiento a fin de permitir que las personas entren o salgan de su territorio con carácter temporal y con regu- laridad, si se desea, para visitar a miembros de sus familias.
Las solicitudes de visitas temporales para encuentros con familiares se examinarán sin discrimi- nación en cuanto al país de origen o de destino; los requisitos existentes para obtener documentos de viaje y visados se aplicarán en este espíritu. La preparación y expedición de dichos documentos y visados se efectuará dentro de plazos razonables; se dará prioridad a los casos de necesidad urgente -tales como enfermedad grave o defunción. Ellos adoptarán las medidas que puedan ser necesarias para hacer de modo que las tarifas de los documentos oficiales de viaje y visados sean aceptables.
Confirman que la presentación de una solicitud relativa a los contactos basados en lazos de familia no modificará los derechos y obligaciones del solicitante o de los miembros de su familia.
(b) Reunificación de familias
Los Estados participantes tramitarán en un espíritu positivo y humanitario las solicitudes de per- sonas que deseen reunirse con miembros de su familia, prestando especial atención a las peticio- nes de carácter urgente, tales como las solicitudes presentadas por personas ancianas o enfermas.
Tramitarán las peticiones de este carácter con la mayor rapidez posible
Reducirán, cuando ello sea necesario, los derechos exigidos en relación con estas solicitudes a fin de asegurar que se mantengan a un nivel moderado.
Las peticiones con miras a la reunificación de familias que no hayan sido concedidas, podrán pre- sentarse de nuevo a nivel competente y serán nuevamente examinadas, en plazos razonablemente breves, por las autoridades, según los casos, de los países de residencia o destino; en circunstan- cias tales, los derechos se cargarán sólo cuando se concedan las peticiones.
A las personas a quienes se haya concedido permiso para reunirse con miembros de su familia se les permitirá que lleven consigo o envíen su mobiliario y efectos personales; para ello, los Esta- dos participantes se servirán de todas las posibilidades que permitan los reglamentos vigentes.
Hasta efectuar la solicitada reunificación, los miembros de una misma familia podrán celebrar encuentros y mantener contactos entre sí de conformidad con las modalidades relativas a los con- tactos sobre base de lazos familiares.
Los Estados participantes apoyarán los esfuerzos de las Sociedades de la Cruz Roja y la Media Luna Roja concernientes a los problemas de reunión de miembros de una misma familia.
Confirman que la presentación de una solicitud relativa a la reunificación de familias no modifi- cará los derechos ni las obligaciones del solicitante ni de los miembros de su familia.
El Estado participante que acoge tomará las medidas pertinentes respecto al empleo de perso- nas procedentes de otros Estados participantes que fijen su residencia permanente en dicho país debido a la reunión de miembros de una misma familia con sus ciudadanos y velará por que se les
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brinden idénticas oportunidades a las que disfrutan sus propios ciudadanos en materia de educa- ción, asistencia médica y seguridad social.
(c) Matrimonios entre ciudadanos de Estados diferentes
Los Estados participantes examinarán con ánimo favorable, y basándose en consideraciones huma- nitarias, las solicitudes de permiso de entrada o de salida de las personas que hayan decidido con- traer matrimonio con un ciudadano de otro Estado participante.
La tramitación y concesión de los documentos necesarios para ese fin y para la celebración del matrimonio, se efectuarán de conformidad con las disposiciones aceptadas para la reunificación de familias.
Cuando se trate de peticiones de cónyuges de diferentes Estados participantes para que, una vez casados, se les permita a ellos y a los hijos menores de su matrimonio trasladar el domicilio al Estado en que uno de los dos cónyuges tiene normalmente su residencia, los Estados participan- tes aplicarán también las disposiciones aceptadas para la reunificación de la familia.
(d) Viajes por razones personales o profesionales
Los Estados participantes tienen la intención de dar a sus ciudadanos, mayores facilidades para viajes motivados por razones personales o profesionales y a este fin, se proponen en particular: • simplificar gradualmente y administrar de manera flexible los procedimientos de salida y entrada; • aligerar las reglamentaciones relativas al movimiento de ciudadanos de los demás Estados par- ticipantes en su territorio, teniendo debida cuenta de los requerimientos de la seguridad.
Se esforzarán en disminuir gradualmente, donde sea necesario, los derechos de visados y de los documentos oficiales de viaje.
Se proponen estudiar, en su caso, los medios -entre ellos, cuando sea procedente, la firma de con- venios consulares bilaterales o multilaterales u otros arreglos pertinentes -a fin de mejorar las dis- posiciones relativas a los servicios consulares, inclusive la asistencia jurídica y consular.
Confirman que los cultos, las instituciones y las organizaciones religiosas, que actúan dentro del marco constitucional de los Estados participantes, y sus representantes pueden, en el sector de su actividad, efectuar entre ellos contactos y encuentros e intercambiar informaciones.
(e) Mejora de las condiciones para el turismo, individual o colectivo
Los Estados participantes consideran que el turismo contribuye a un conocimiento más pleno de la vida, la cultura y la historia de otros países, a un mayor entendimiento entre los pueblos, al mejo- ramiento de los contactos y a una mejor utilización del ocio. Tienen la intención de promover el desarrollo del turismo, individual o colectivo, y, especialmente, se proponen: • fomentar las visitas a sus respectivos países estimulando la prestación de los servicios adecuados y la simplificación y aceleración de las formalidades necesarias relacionadas con dichas visitas; • aumentar, basándose en acuerdos o arreglos adecuados, cuando ellos se estimen necesarios, la cooperación para el desarrollo del turismo, especialmente estudiando con carácter bilateral los posibles medios para aumentar la información relativa a viajes a otros países, la recepción de turistas y atención a los mismos, así como otras cuestiones conexas de mutuo interés.
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(f) Encuentros entre jóvenes
Los Estados participantes tienen la intención de fomentar el desarrollo de contactos e intercam- bios entre la juventud estimulando: • el incremento de intercambios y contactos a corto o largo plazo entre los jóvenes dedicados al trabajo, a la formación o al estudio, mediante acuerdos bilaterales o multilaterales o programas regulares, siempre que sea posible; • el estudio por sus organizaciones juveniles de la cuestión de posibles acuerdos relativos a esfe- ras de cooperación multilateral entre los jóvenes; • acuerdos o programas regulares relativos a la organización de intercambios de estudiantes, de seminarios internacionales de jóvenes, de cursos de formación profesional y de lenguas extranjeras; • el mayor desarrollo del turismo juvenil y la concesión de facilidades apropiadas al logro de este fin; • el desarrollo, donde éste sea posible, de intercambios, contactos y cooperación sobre bases bila- terales o multilaterales entre sus organizaciones representativas de amplios sectores de la juven- tud dedicada al trabajo, a la formación o al estudio; • la toma de conciencia entre los jóvenes de la importancia que tiene el desarrollar la comprensión mutua y fortalecer las relaciones amistosas y la confianza entre los pueblos.
(g) Deportes
Con objeto de ampliar las relaciones y la cooperación existentes en materia de deportes, los Esta- dos participantes fomentarán los contactos e intercambios de esta índole, inclusive los encuentros y competiciones deportivas de toda clase, tomando por base las normas, reglamentos y prácticas internacionales establecidas.
(h) Aumento de contactos
Con objeto de contribuir a un mayor desarrollo de los contactos entre las instituciones guber- namentales y las organizaciones y asociaciones no gubernamentales, inclusive las femeninas, los Estados participantes facilitarán la convocación de conferencias, así como los viajes de delegacio- nes, grupos e individuos.
2. Información
Los Estados participantes,
Conscientes de la necesidad de que cada vez sea más amplio el conocimiento y la comprensión de los diversos aspectos de la vida en otros Estados participantes,
Reconociendo que este proceso contribuye a desarrollar la confianza entre los pueblos,
Deseando, con el desarrollo de la comprensión mutua entre los Estados participantes y la mejora ulterior de sus relaciones, proseguir esfuerzos adicionales para lograr avances en esta esfera,
Reconociendo la importancia de difundir la información de otros Estados participantes y de adqui- rir un mejor conocimiento de esta información,
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Subrayando, por lo tanto, la función esencial e influyente de la prensa, la radio, la televisión, el cinematógrafo y las agencias de prensa, así como la de los periodistas que trabajan en estas esferas,
Hacen suyo el objetivo de facilitar una difusión más libre y amplia de las informaciones de toda índole; fomentar la cooperación en materia de información y el intercambio de información con otros países; y mejorar las condiciones en que los periodistas de un Estado participante ejercen su profesión en otro Estado participante, y
Expresan su intención, en particular, de:
(a) Mejoramiento de la circulación de la información, del intercambio de la misma y del acceso a ella
(i) Información oral • Facilitar la difusión de la información oral mediante el fomento de las conferencias y de las giras de conferencias de personalidades y especialistas de los otros Estados participantes, así como mediante el intercambio de opiniones en reuniones de mesa redonda, seminarios, simposios, cursos de verano, congresos y otras reuniones bilaterales y multilaterales.
(ii) Información impresa • Facilitar una mejor difusión, en su territorio, de diarios y publicaciones impresas, periódicas y no periódicas, procedentes de los otros Estados participantes. Al efecto: alentarán a sus fir- mas y organismos competentes a que concierten acuerdos y contratos encaminados a aumentar gradualmente las cantidades y el número de títulos de los diarios y publicaciones importados de los otros Estados participantes. Estos acuerdos y contratos deberán mencionar, en parti- cular, las condiciones de entrega más rápidas y la utilización de las redes habituales de distri- bución que existan en cada país para sus propias publicaciones y diarios, así como las formas y medios de pago convenidos entre las partes que permitan alcanzar los objetivos a que tienden esos acuerdos y contratos; adoptarán, allí donde se considere necesario, las medidas convenien- tes para lograr los objetivos antes mencionados y la aplicación de las disposiciones contenidas en los acuerdos y contratos. • Contribuir a mejorar el acceso del público a las publicaciones impresas, periódicas y no perió- dicas, importadas conforme a las condiciones antes indicadas. En particular: – fomentarán el aumento del número de lugares de venta de esas publicaciones; – facilitarán la oferta de esas publicaciones periódicas durante los congresos, conferencias, visitas oficiales y otras manifestaciones internacionales, así como a los turistas durante la temporada; – multiplicarán las posibilidades de suscripción según las modalidades propias de cada país; – mejorarán las posibilidades de lectura y préstamo de esas publicaciones en las grandes biblio- tecas públicas y en sus salas de lectura, así como en las bibliotecas universitarias.
Se proponen mejorar las posibilidades de dar a conocer los boletines de información oficial publi- cados por las misiones diplomáticas y distribuidos por dichas misiones, sobre la base de arreglos aceptables para las partes interesadas.
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(iii) Información filmada, radiodifundida y televisada • Promover la mejor circulación de información filmada, radiodifundida y televisada. Con este fin: – estimularán la más amplia presentación y radiodifusión de la mayor variedad de informa- ción filmada y grabada de los demás Estados participantes que ilustren diversos aspectos de la vida en sus países, y recibida a base de los acuerdos o contratos que puedan ser necesarios entre las organizaciones y firmas directamente interesadas; – facilitarán la importación por organismos y firmas competentes, de material audiovisual gra- bado de otros Estados participantes.
Los Estados participantes constatan la expansión producida en la difusión de información por radio y expresan la esperanza de que tal proceso continúe de modo que se adecúe al interés de un enten- dimiento mutuo entre los pueblos y a los objetivos fijados en la presente Conferencia.
(b) Cooperación en materia de información
Fomentar la cooperación en materia de información, a base de acuerdos o arreglos a corto o a largo plazo. En particular: • favorecerán una mayor cooperación entre las organizaciones de los medios de comunicación de masas. incluidas las agencias de prensa, así como entre editoriales y organizaciones de edición: • favorecerán la cooperación entre organizaciones de radiodifusión y televisión, públicas o priva- das, nacionales o internacionales, en particular mediante el intercambio de programas de radio y televisión, lo mismo en directo que en grabaciones, y mediante la producción conjunta, y la difusión de dichos programas; • fomentarán las reuniones y contactos tanto entre organizaciones de periodistas como entre periodistas de los Estados participantes; • considerarán favorablemente las posibilidades de arreglos entre publicaciones periódicas y entre diarios de los Estados participantes, para el intercambio y la publicación de artículo; • fomentarán el intercambio de información técnica, así como la organización de investigaciones conjuntas y de reuniones destinadas al intercambio de resultados de experiencias y de opinio- nes entre expertos en las esferas de la prensa, la radio y la televisión.
(c) Mejora de las condiciones de trabajo de los periodistas
Los Estados participantes, deseosos de mejorar las condiciones en que los periodistas de un Estado participante ejercen su profesión en otro Estado participante, tienen la intención, en particular, de: • examinar con ánimo favorable, y dentro de un plazo adecuado y razonable, las peticiones de visados de los periodistas; • conceder a los periodistas de los Estados participantes, permanentemente acreditados, en base a arreglos, visados de entradas y salidas múltiples para plazos determinados; • facilitar a los periodistas acreditados de los Estados participantes la concesión de permisos de estancia en el país de su residencia temporal y, cuando fuere necesario, de aquellos otros docu- mentos oficiales que es apropiado que posean; • aligerar, sobre la base de reciprocidad, los procedimientos para que los periodistas de los Esta- dos participantes organicen viajes en el país en que ejercen su profesión, y proporcionar progre- sivamente mayores oportunidades para estos viajes, a reserva de la observancia de las normas relativas a la existencia de zonas prohibidas por razones de seguridad;
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• asegurar que las peticiones de los mencionados periodistas para tales viajes reciban, en la medida de lo posible, una pronta respuesta, habida cuenta de la fecha prevista en la solicitud; • incrementar para los periodistas de los Estados participantes las posibilidades de comunicarse per- sonalmente con sus fuentes de información, incluidas las organizaciones e instituciones oficiales; • conceder a los periodistas de los Estados participantes el derecho de importar, a reserva única- mente de ser reexportado, el equipo técnico (fotográfico, cinematográfico, magnetofónico, radio- difusivo y televisivo) necesario para el ejercicio de su profesión;* • dar la posibilidad a los periodistas de los demás Estados participantes, permanente o temporal- mente acreditados, de la transmisión integra, normal y rápida, por los medios reconocidos en los Estados participantes, a los órganos de información que representen, de los resultados de su actividad profesional, inclusive las grabaciones magnéticas y las películas no reveladas con el fin de su publicación o difusión por la radio o la televisión.
Los Estados participantes reafirman que el legítimo ejercicio de su actividad profesional no expon- drá a los periodistas a ser expulsados o a ser objeto de ninguna otra penalización. Si un periodista acreditado es expulsado, será informado de los motivos de dicha decisión y podrá cursar una peti- ción para que se examine nuevamente su caso.
3. Cooperación e intercambios en materia de educación
Los Estados participantes
Considerando que los intercambios culturales y la cooperación en este campo contribuyen a una mejor comprensión entre los hombres y entre los pueblos, promoviendo así un entendimiento duradero entre los Estados,
Confirmando las conclusiones ya formuladas en este campo a nivel multilateral, en particular en la Conferencia Intergubernamental sobre Políticas Culturales en Europa, organizada por la UNESCO en Helsinki, en junio de 1972, donde se manifestó interés por la participación activa de estratos sociales más amplios en una vida cultural cada vez más diversificada,
Dispuestos, con el desarrollo de la confianza mutua y con la mejora progresiva de las relaciones entre los Estados participantes, a continuar e incrementar sus esfuerzos para lograr progresos en esta esfera,
Preparados con este espíritu a acrecentar sustancialmente sus intercambios culturales, tanto res- pecto a las personas como a las obras, y a desarrollar entre ellos una activa cooperación en todas las esferas de la cultura, tanto a nivel bilateral como multilateral,
Convencidos de que tal estrechamiento de sus relaciones mutuas contribuirá a enriquecer sus cul- turas respectivas, respetando la originalidad de cada una, así como a fortalecer entre ellos una con- ciencia de los valores comunes, mientras continúan desarrollando su cooperación cultural con los demás países del mundo,
* Aunque se reconoce que los periodistas extranjeros emplean en muchos casos personal local apropiado, los Estados participantes toman nota de que las anteriores disposiciones se aplicarán, a reserva de que se observen los reglamentos apropiados, a las personas de los demás Estados participantes que actúan regular y profesio- nalmente en calidad de técnicos, fotógrafos u de operadores de aparatos tomavistas para la prensa, la radio, la televisión y el cinematógrafo.
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Declaran que se fijan en común los objetivos siguientes: (a) desarrollar la información mutua con miras a un mejor conocimiento de las respectivas rea- lizaciones culturales, (b) mejorar las facilidades materiales para el intercambio y la difusión del acervo cultural, (c) promover el acceso de todos a sus respectivas realizaciones culturales, (d) desarrollar los contactos y la cooperación entre las personas que ejercen una actividad cultural, (e) buscar nuevos campos y nuevas formas de cooperación cultural,
Manifiestan así su común voluntad de emprender una acción progresiva, coherente y a largo plazo a fin de alcanzar los objetivos de la presente declaración; y expresan su intención ahora de comen- zar a aplicar lo que sigue:
Extensión de relaciones
Ampliar y mejorar en los distintos niveles la cooperación y los vínculos en la esfera de la cultura, en particular: • concertando, en los casos correspondientes, acuerdos bilaterales o multilaterales, en los que se prevea la ampliación de las relaciones entre instituciones estatales y organizaciones no guber- namentales competentes en materia de cultura, así como entre personas dedicadas a activida- des culturales, teniendo presente la necesidad, tanto de cierta flexibilidad como de la aplicación tan completa como sea posible de los acuerdos existentes, y sin perder de vista que los acuerdos y también otros arreglos constituyen un medio importante para el desarrollo de la cooperación y de los intercambios en la esfera de la cultura; concertando, en los casos correspondientes, acuer- dos bilaterales o multilaterales, en los que se prevea la ampliación de las relaciones entre insti- tuciones estatales y organizaciones no gubernamentales competentes en materia de cultura, así como entre personas dedicadas a actividades culturales, teniendo presente la necesidad, tanto de cierta flexibilidad como de la aplicación tan completa como sea posible de los acuerdos exis- tentes, y sin perder de vista que los acuerdos y también otros arreglos constituyen un medio importante para el desarrollo de la cooperación y de los intercambios en la esfera de la cultura; • contribuyendo al desarrollo entre instituciones estatales y organizaciones no gubernamentales competentes de la comunicación y cooperación directas, comprendidas, en caso necesario, las que se realizan dentro del marco de los acuerdos y arreglos especiales; • promoviendo comunicaciones y contactos directos entre las personas dedicadas a actividades culturales, comprendidos, en caso necesario, los que se realizan dentro del marco de acuerdos y arreglos especiales.
Conocimiento mutuo
En el marco de sus competencias, adoptar medidas adecuadas, en los planos bilateral y multila- teral, con miras a dar a sus pueblos un conocimiento mutuo más amplio y más completo de los resultados logrados en los diferentes campos de la cultura, y entre estas: • estudiar en común, y en caso necesario con la ayuda de las organizaciones internacionales apro- piadas, la creación y estructura posibles de un banco de datos culturales en Europa que recopile informaciones procedentes de los países participantes y que, a petición de éstos, se las facilite a sus corresponsales, y, a este fin, convocar una reunión de expertos de los Estados interesados;
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• examinar, en caso necesario, conjuntamente con las organizaciones internacionales apropia- das, los medios que permitan establecer en Europa un repertorio de películas documentales de carácter cultural o científico procedentes de los Estados participantes; • alentar exposiciones de libros más frecuentes y estudiar la posibilidad de organizar periódica- mente en Europa una gran exposición de libros procedentes de los Estados participantes; • favorecer, entre las instituciones respectivas y las casas editoras, el intercambio sistemático de catálogos de libros disponibles, e igualmente de libros próximos a aparecer, que comprenda, en la medida de lo posible, todas las publicaciones venideras; estimular igualmente el intercambio de material documental entre las casas editoras de obras enciclopédicas, con miras a mejorar la presentación de cada país; • estudiar conjuntamente las cuestiones relativas a la ampliación y mejora de los intercambios de información en las diferentes esferas de la cultura, como, por ejemplo, el teatro, la música, las actividades de las bibliotecas y la conservación y restauración de los bienes culturales.
Intercambios y difusión
Contribuir al mejoramiento de las posibilidades de intercambios y de difusión de bienes cultura- les, por medios adecuados, especialmente: • estudiando las posibilidades de armonizar y aligerar las cargas que gravan los intercambios comerciales internacionales de libros y otros materiales culturales, así como nuevos medios para asegurar las obras de arte en las exposiciones en el extranjero y para reducir los riesgos de daño o pérdida a los que esas obras están expuestas por el hecho de su desplazamiento; • facilitando las formalidades aduaneras, en plazos compatibles con el calendario de las manifes- taciones artísticas, de las obras de arte, materiales y accesorios que figuren en el inventario con- venido por los organizadores de tales manifestaciones; • fomentando reuniones entre representantes de organismos competentes y firmas interesadas para examinar, dentro del sector de sus actividades, medidas -tales como la simplificación de los pedidos, los plazos de envío de los suministros y las formas de pago- que puedan facilitar los intercambios comerciales internacionales de libros; • favoreciendo los préstamos y los intercambios de películas entre sus institutos de estudios cine- matográficos y sus cinematecas; • fomentando entre las partes interesadas el intercambio de información sobre las manifestaciones de carácter cultural previstas en los Estados participantes, en los campos que se presten mejor a ello, tales como los de la música, el teatro y las artes plásticas, a fin de contribuir a la fijación y publicación de un calendario de dichas manifestaciones, con la asistencia, cuando sea necesa- rio, de las organizaciones internacionales competentes; • fomentando el estudio de las repercusiones que la evolución previsible y una posible armonización entre partes interesadas de los medios técnicos empleados para la difusión de la cultura podrían tener en el desarrollo de la cooperación y de los intercambios culturales, teniendo en cuenta al mismo tiempo el mantenimiento de la diversidad y originalidad de sus respectivas culturas; • fomentando, en la forma que consideren apropiada, dentro del marco de su política cultural, el desarrollo de un mayor interés por el patrimonio cultural de los demás Estados participantes, conscientes de los méritos y del valor de cada cultura; • procurando que se apliquen plena y eficazmente los acuerdos y convenios internacionales sobre derechos de autor y los relativos a la circulación de bienes culturales, de los que son parte o en los que decidan serlo en el futuro.
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Acceso
Favorecer un acceso mutuo más completo de todos a las realizaciones -obras, experiencias y artes interpretativas- en las diferentes esferas de la cultura de sus países, y a este fin, realizar los mayo- res esfuerzos posibles, de acuerdo con su competencia, en particular: • fomentar una difusión más amplia de libros y obras artísticas, en especial por los siguientes medios: – favorecer, teniendo plenamente en cuenta los convenios internacionales sobre derechos de autor en los que sean Parte, los contactos y las comunicaciones internacionales entre los auto- res y las casas editoras, así como otras instituciones culturales, con objeto de lograr un acceso mutuo más completo a las realizaciones culturales; – recomendar que, al fijar el volumen de sus tiradas, las casas editoras tengan también en cuenta la demanda procedente de otros Estados participantes y que se concedan los derechos de venta en los demás Estados participantes, por acuerdo con los socios interesados, a diversas organi- zaciones de venta de los países importadores en los que existe esa posibilidad; – alentar a los organismos competentes y a las empresas interesadas a celebrar acuerdos y con- tratos, y contribuir, por este medio, a aumentar gradualmente el número y la diversidad de obras de autores de los otros Estados participantes, disponibles en su idioma original y tra- ducidas, en sus bibliotecas y en sus librerías; – favorecer el aumento, donde se considere oportuno, del número de lugares en que se pondrán a la venta libros de autores de otros Estados participantes, en su lengua original, importados en virtud de acuerdos y contratos, y traducidos; – favorecer en mayor medida la traducción de obras pertenecientes a la esfera de la literatura y demás esferas de actividad cultural, producidas en los idiomas de los otros Estados partici- pantes, en particular en los idiomas menos extendidos, así como la publicación y la difusión de las obras traducidas, empleando medidas tales como: – estimular contactos más regulares entre las casas editoras interesadas; – aumentar sus esfuerzos para la formación y el perfeccionamiento de traductores; – incitar, por medios adecuados, a las casas editoras de sus países a publicar traducciones; – facilitar, entre las casas editoras y los organismos interesados, el intercambio de listas de libros indicados para la traducción; – favorecer entre sus países la actividad profesional y la cooperación de los traductores; – emprender estudios conjuntos sobre los medios de incrementar las traducciones y su difu- sión; mejorar y ampliar los intercambios de libros, bibliografías y fichas bibliográficas entre bibliotecas; • considerar otras disposiciones adecuadas que permitan, en caso necesario por mutuo acuerdo entre las partes interesadas, facilitar el acceso a sus respectivas realizaciones culturales, princi- palmente por lo que se refiere al libro; • contribuir con medidas oportunas a una mayor utilización de los grandes medios de comunica- ción de masas, a fin de hacer conocer mejor entre ellos su respectiva vida cultural; • procurar mejorar las condiciones necesarias para que los trabajadores migrantes y sus familias puedan conservar los lazos que les unen a su cultura nacional y adaptarse al mismo tiempo al nuevo entorno cultural; • estimular a los organismos y a las empresas competentes a que hagan una selección y una dis- tribución más amplias de películas de largo metraje y documentales de los demás Estados
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participantes, así como a que favorezcan proyecciones no comerciales más frecuentes, tales como estrenos, semanas cinematográficas y festivales, teniendo debidamente en cuenta las pelí- culas procedentes de aquellos países cuyas creaciones cinematográficas son menos conocidas; • promover, por los medios adecuados, la ampliación de las oportunidades de los especialistas de los demás Estados participantes para trabajar con materiales de carácter cultural de los archi- vos cinematográficos y audiovisuales, con arreglo a las normas vigentes sobre utilización de tales materiales de archivo; • estimular un estudio conjunto por los organismos interesados y, cuando proceda, con la asisten- cia de las organizaciones internacionales competentes, sobre la conveniencia y las condiciones necesarias para crear un repertorio de sus programas grabados de televisión de carácter cultu- ral, así como los medios pertinentes para presenciar su proyección rápidamente con el fin de facilitar su selección y su adquisición eventual.
Contactos y cooperación
Contribuir, por los medios adecuados, al aumento de los contactos y de la cooperación en los diver- sos campos de la cultura, en particular entre los artistas creadores y las personas que despliegan actividades culturales, esforzándose especialmente en: • promover los viajes y reuniones de personas dedicadas a actividades culturales, incluidos, si fuera necesario, los que se realizan sobre la base de acuerdos, contratos u otros arreglos espe- ciales y que están relacionados con su cooperación cultural; • fomentar de ese modo los contactos entre artistas creadores, intérpretes y conjuntos artísticos con miras a trabajar juntos, dar a conocer sus obras en otros Estados participantes o intercam- biar sus opiniones sobre temas correspondientes a su actividad común; • fomentar, en caso necesario mediante los arreglos oportunos, los intercambios de estudian- tes en períodos de prácticas y de especialistas, y la concesión de becas para la formación y per- feccionamiento en distintas esferas de la cultura, como las artes y la arquitectura, los museos y bibliotecas, los estudios y la traducción literarios, y contribuir a crear condiciones favorables de acogida en sus instituciones respectivas; • fomentar el intercambio de experiencias en la formación de organizadores de actividades cul- turales, así como de profesores y especialistas en esferas tales como el teatro, la ópera, el ballet, la música y las bellas artes; • continuar estimulando la organización de encuentros internacionales entre artistas creadores, y en especial entre los jóvenes, para tratar de las cuestiones actuales relacionadas con la creación artística y literaria, que resulten de interés para ser examinadas en común; • estudiar otras posibilidades de fomentar los intercambios y la cooperación entre las personas que ejercen una actividad cultural, con vistas a un mejor conocimiento mutuo de la vida cultu- ral de los Estados participantes.
Campos y formas de cooperación
Fomentar la búsqueda de nuevos campos y nuevas formas de cooperación cultural, contribuyendo con este fin a la celebración entre las partes interesadas, cuando sea necesario, de acuerdos y arre- glos adecuados, y en este contexto favorecer: • los estudios conjuntos relativos a las políticas culturales, en especial en sus aspectos sociales, así como en sus relaciones con las políticas de planificación, urbanismo, educación, medio ambiente, y aspectos culturales del turismo;
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• el intercambio de conocimientos en materia de diversidad cultural, a fin de contribuir así a una mejor comprensión, por las partes interesadas, de tal diversidad donde se manifieste; • el intercambio de informaciones y, cuando proceda, las reuniones de expertos, la preparación y la ejecución de programas y proyectos de investigación, así como su evaluación conjunta y la divulgación de los resultados, en las materias anteriormente indicadas; • formas de cooperación cultural y el desarrollo de realizaciones conjuntas tales como: las mani- festaciones internacionales de artes plásticas, cine, teatro, ballet, música, folklore, etc.; las ferias y las exposiciones de libros, las representaciones en común de obras líricas y dramáticas, así como las efectuadas por solistas, conjuntos instrumenta-les, orquestas, coros y otros grupos artísti- cos, incluidos los formados por aficionados, teniendo debidamente en cuenta la organización de manifestaciones culturales internacionales de la juventud y el intercambio de artistas jóvenes; • la inclusión de obras de escritores y compositores de otros Estados participantes en el reperto- rio de solistas y de conjuntos artísticos; • la preparación, traducción y publicación de artículos, estudios y monografías, así como de libros a precios económicos y de colecciones de arte y de literatura, para dar a conocer mejor las rea- lizaciones culturales respectivas, previendo con este fin reuniones entre expertos y represen- tantes de casas editoras; • la coproducción y el intercambio de películas, así como de programas de radio y televisión, faci- litando en particular las reuniones entre productores, técnicos y representantes de los poderes públicos, a fin de que se produzcan condiciones favorables para llevar a cabo proyectos concre- tos en común y estimulando, en el ámbito de la coproducción, la formación de equipos inter- nacionales de filmación; • la organización de concursos de arquitectura y urbanismo, considerando la ejecución eventual de los mejores proyectos y la formación, cuando sea posible, de equipos internacionales; • la ejecución de proyectos conjuntos para la protección, restauración y realce de obras artísticas, monumentos y lugares históricos y arqueológicos de interés cultural, con la colaboración, en los casos adecuados, de organizaciones internacionales de carácter gubernamental o no gubernamental, así como de instituciones privadas –competentes y activas en estos sectores– previendo a este efecto: – reuniones periódicas de expertos de las partes interesadas para elaborar las propuestas nece- sarias, teniendo presente la necesidad de considerar estas cuestiones dentro de un contexto económico y social más amplio; – la publicación, en los periódicos adecuados, de artículos destinados a dar a conocer y com- parar las realizaciones y las innovaciones más importantes entre los Estados participantes; – el estudio conjunto con miras a una mejora y a una eventual armonización de los diferentes sistemas empleados para inventariar y catalogar los monumentos históricos y los lugares de interés cultural en sus países; – el estudio de las posibilidades de organizar cursos internacionales para la formación de espe- cialistas en las diferentes disciplinas relativas a la restauración.
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Minorías nacionales o culturas regionales
Los Estados participantes, reconociendo la contribución que las minorías nacionales o las culturas regionales pueden aportar a la cooperación entre ellos en diversos campos de la cultura, se propo- nen facilitar esta contribución cuando en sus territorios existan tales minorías o culturas, teniendo en cuenta los legítimos intereses de sus miembros.
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4. Cooperación e intercambios en materia de educación
Los Estados participantes,
Conscientes de que el desarrollo de las relaciones de carácter internacional en materia de educa- ción y ciencia contribuyen a un mejor entendimiento recíproco y que es ventajoso para todos los pueblos al mismo tiempo que redunda en beneficio de futuras generaciones,
Dispuestos a facilitar entre las organizaciones, instituciones y personas que se consagran a la edu- cación y a la ciencia, un mayor intercambio de conocimientos y experiencias, así como de contac- tos, a base de acuerdos especiales cuando sean necesarios,
Deseando reforzar las relaciones entre los establecimientos docentes y científicos, y fomentar asi- mismo su cooperación en sectores de interés común, en particular cuando los niveles de conoci- mientos y disponibilidades requieran esfuerzos que hayan de concertarse internacionalmente, y
Convencidos de que el progreso en esas esferas debiera ir acompañado de un conocimiento más extenso de lenguas extranjeras y apoyado en éste,
Expresan con estos fines su intención, en particular, de:
(a) Extensión de relaciones
Ampliar y mejorar en diversos niveles la cooperación y los vínculos en materia de educación y cien- cia, especialmente: • concertando acuerdos bilaterales o multilaterales, cuando proceda, que contribuyan a la colabo- ración y a los intercambios entre las instituciones estatales, las organizaciones no gubernamen- tales y las personas que se ocupan de actividades relativas a la educación y a la ciencia, teniendo presente la necesidad de flexibilidad y el más amplio uso de los acuerdos y arreglos existentes; • promoviendo la conclusión de arreglos directos entre universidades y otras instituciones de edu- cación superior e investigación, dentro del marco de acuerdos entre gobiernos, cuando proceda; • estimulando entre las personas que se ocupan de la educación y de la ciencia las comunicacio- nes y los contactos directos, inclusive los basados en acuerdos o arreglos especiales, cuando éstos se estimen apropiados.
(b) Acceso e intercambios
Mejorar el acceso, en condiciones mutuamente aceptables, de estudiantes, profesores y científicos de los Estados participantes a las instituciones educativas, culturales y científicas mutuas, e intensificar los intercambios entre dichas instituciones en todas las esferas de interés común, particularmente: • ampliando los intercambios de información sobre las facilidades de estudio y de cursos accesi- bles a participantes extranjeros, así como acerca de las condiciones para su admisión y recepción; • facilitando para fines de estudio, docencia e investigación, así como con el fin de mejorar el conocimiento de los logros educativos, culturales y científicos mutuos, el desplazamiento entre los Estados participantes de científicos, profesores y estudiantes; • fomentando la concesión de becas de estudio, enseñanza e investigación en sus países a cientí- ficos, profesores y estudiantes de otros Estados participantes;
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• estableciendo, fomentando o estimulando programas que prevean un intercambio más amplio de científicos, profesores y estudiantes, incluyendo la organización de simposios, seminarios y proyectos en colaboración, así como el intercambio de informaciones en los campos de la enseñanza, los estudios superiores y la investigación, tales como las publicaciones universita- rias y los materiales de bibliotecas; • promoviendo la ejecución eficaz de esos arreglos y programas mediante la concesión a los cien- tíficos, profesores y estudiantes, a su debido tiempo, de una información más detallada acerca del puesto que han de ocupar en las universidades e instituciones y los programas previstos para ellos; concediéndoles la oportunidad de utilizar el pertinente material científico, educativo y de archivo público; y facilitando su desplazamiento dentro del Estado que recibe para fines de estudio o investigación, así como en forma de vacaciones según los procedimientos habituales; • promoviendo una más exacta evaluación de los problemas de la comparación y la equivalencia de los títulos y diplomas académicos, mediante la activación del intercambio de información sobre la organización, la duración y el contenido de los estudios, la comparación de los métodos de apreciación del nivel de los conocimientos y de las calificaciones académicas y, siempre que sea factible, por medio de un mutuo reconocimiento de los títulos y diplomas académicos, sea a través de acuerdos gubernamentales o, en caso de ser necesario, por arreglos directos entre las universidades y otras instituciones de alto grado de enseñanza e investigación; • recomendando, además, a los organismos internacionales apropiados, que intensifiquen sus esfuerzos con miras a lograr una solución por todos aceptable a los problemas de la compara- ción y equivalencia entre los títulos y diplomas académicos.
(c) Ciencia
Ampliar y mejorar, dentro de la esfera de su competencia, el trabajo en común y el intercambio en el campo de la ciencia, en particular:
Incrementar, con carácter bilateral o multilateral, los intercambios y la difusión de información y documentación científicas por medios tales como los siguientes: • haciendo esta información más fácilmente accesible a los científicos e investigadores de los demás Estados participantes, por ejemplo, tomando parte en programas internacionales comunes de información u otros arreglos adecuados; • ampliando y facilitando el intercambio de muestras y materiales científicos utilizados particu- larmente en la investigación básica en el ámbito de las ciencias naturales y de la medicina • invitando a las instituciones científicas y a las universidades a mantenerse mutuamente más plena y regularmente informadas acerca de sus trabajos de investigación en curso o en proyecto, en campos de interés común.
Facilitar la ampliación de comunicaciones y de relaciones directas entre universidades, institucio- nes científicas y asociaciones, así como entre científicos e investigadores, comprendidas, cuando se estime necesario, las basadas en acuerdos o arreglos especiales, por los medios siguientes: • incrementando intercambios de científicos e investigadores y el fomento de la organización de reuniones preparatorias o de grupos de trabajo sobre temas de investigación de interés común; • fomentando la creación de grupos mixtos de hombres de ciencia para realizar proyectos de investigación mediante arreglos concertados por las instituciones científicas de diferentes países; • prestando asistencia a la organización y buen funcionamiento de conferencias y seminarios inter- nacionales y la participación en ellos de sus hombres de ciencia e investigadores;
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• proyectando, además, para un futuro próximo, un «Foro Científico» en forma de reunión de per- sonalidades destacadas en la esfera de la ciencia de los Estados participantes para estudiar los problemas interrelacionados de interés común relativos a los acontecimientos actuales y futu- ros en la esfera de la ciencia, y promover la expansión de contactos, comunicaciones y el inter- cambio de información entre instituciones científicas y hombres de ciencia; • previendo para fecha próxima, una reunión de expertos que representen a los Estados partici- pantes y a sus instituciones científicas nacionales, para preparar ese «Foro Científico» en con- sulta con las organizaciones internacionales competentes, como la UNESCO y la CEPE; • examinando a su debido tiempo las medidas adicionales que pudieran adoptarse con respecto al «Foro Científico».
Desarrollar en la esfera de la investigación científica, tanto en el plano bilateral como en el mul- tilateral, la coordinación de programas nacionales y la organización de programas comunes, en particular en los sectores citados a continuación, que podrán requerir el esfuerzo conjunto de investigadores y, en ciertos casos, la utilización de equipos poco comunes u onerosos. La lista de temas que se enumeran en estos sectores se da con carácter indicativo, y los proyectos específicos habrán de ser determinados ulteriormente por los posibles asociados en los Estados participantes, teniendo en cuenta las contribuciones que puedan aportar organizaciones e instituciones cientí- ficas internacionales apropiadas: • ciencias exactas y naturales, en particular la investigación fundamental en esferas tales como las matemáticas, la física, la física teórica, la geofísica, la química, la biología, la ecología y la astronomía; • medicina, especialmente la investigación fundamental relativa al cáncer y a las enfermedades cardiovasculares, estudio de enfermedades endémicas en los países en desarrollo, así como la investigación médico-social, en relación especialmente con las enfermedades profesionales, la rehabilitación de impedidos y la asistencia a la madre, al niño y a las personas de edad avanzada; • ciencias humanas y sociales, como la historia, la geografía, la filosofía, la psicología, la inves- tigación pedagógica, la lingüística, la sociología, las ciencias jurídicas, políticas y económicas; los estudios comparados de fenómenos sociales, socioeconómicos y culturales, que son de inte- rés común para los Estados participantes, en particular problemas del entorno humano y del desarrollo urbano; y estudios científicos respecto a métodos para conservar y restaurar monu- mentos y obras de arte.
(d) Lenguas y civilizaciones extranjeras
Fomentar el estudio de las lenguas y civilizaciones extranjeras como medio importante de ampliar la comunicación entre los pueblos para un mejor conocimiento de la cultura de cada país, así como para el fortalecimiento de la cooperación internacional; con este fin, estimular, dentro de la esfera de su competencia, el mayor desarrollo y mejoramiento de la enseñanza de lenguas extranjeras y la diversidad de elección de idiomas que se enseñen a diversos niveles, prestando debida aten- ción a las lenguas menos difundidas o estudiadas, y en particular: • intensificar la cooperación encaminada al mejoramiento de la enseñanza de lenguas extranje- ras, a través de intercambio de información y experiencias relativas al desarrollo y aplicación de métodos de enseñanza efectivos y modernos, y medios auxiliares técnicos, adaptados a las necesidades de las diferentes categorías de estudiantes, inclusive métodos de enseñanza acele- rada; y considerar la posibilidad de llevar a efecto, sobre base bilateral o multilateral, el estudio de nuevos métodos de enseñanza de lenguas extranjeras;
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• fomentar la cooperación entre las instituciones interesadas, sobre base bilateral o multilateral, con el fin de explotar más a fondo los recursos de la tecnología moderna de educación en la ense- ñanza de idiomas, por ejemplo, a través de estudios comparativos efectuados por especialistas y, donde así se convenga, mediante intercambios o transferencias de materiales audiovisuales, de materiales empleados en la preparación de libros de texto, así como información acerca de los nuevos tipos de equipo técnico que se utilicen en la enseñanza de idiomas; • favorecer el intercambio de información acerca de la experiencia adquirida en la formación de profesores de idiomas, e intensificar los intercambios, sobre base bilateral, de profesores y estu- diantes de idiomas, así como facilitar su participación, cuando hubiere lugar, en cursos de verano destinados a la enseñanza de idiomas y al estudio de las civilizaciones; • fomentar la cooperación entre expertos en lexicografía con el fin de definir las corresponden- cias terminológicas necesarias, en particular en las esferas científica y técnica, a fin de facilitar las relaciones entre instituciones científicas y especialistas; • promover la más amplia difusión posible del estudio de lenguas extranjeras entre las diferentes categorías de establecimientos de enseñanza secundaria, y mayores posibilidades de elección entre un creciente número de idiomas europeos; y dentro de este contexto examinar, cuando así proceda, las posibilidades de desarrollar el reclutamiento y preparación de profesores, así como la organización de los necesarios grupos de estudiantes; • favorecer, en la enseñanza superior, una más amplia posibilidad de elección entre los idiomas que se ofrecen a los estudiantes de lenguas y mayores oportunidades a otros estudiantes para estudiar varios idiomas extranjeros; facilitar, asimismo, cuando sea deseable, a base de arreglos especiales cuando sean necesarios, la organización de cursos de lenguas y civilizaciones a cargo de profesores extranjeros, particularmente procedentes de países de Europa con lenguas menos difundidas o estudiadas; • favorecer, dentro del marco de la educación de adultos, un mayor desarrollo de programas espe- cializados, adaptados a las diversas necesidades e intereses, para la enseñanza de lenguas extran- jeras a sus propios habitantes y los idiomas del país de acogida a los adultos interesados de otros países; en este contexto alentar a las instituciones interesadas a que cooperen, por ejemplo, en la preparación de programas de enseñanza por radio y televisión y con métodos de enseñanza intensiva, y también, cuando sea pertinente, mediante la definición de objetivos de estudio para tales programas con el fin de llegar a niveles comparables de conocimiento de idiomas; • fomentar la asociación, cuando así proceda, de la enseñanza de idiomas extranjeros con el estudio de las civilizaciones correspondientes y hacer asimismo mayores esfuerzos por estimular el inte- rés en el estudio de lenguas extranjeras, inclusive mediante actividades extraescolares adecuadas.
(e) Métodos de enseñanza
Promover el intercambio de experiencias, sobre una base bilateral y multilateral, en métodos peda- gógicos en todos los niveles de la educación, incluyendo los que se utilizan en la educación perma- nente y de adultos, así como el intercambio de materiales de enseñanza, especialmente: • efectuando un desarrollo adicional en las diversas formas de contacto y cooperación en las dis- tintas esferas de la ciencia pedagógica, por ejemplo, mediante estudios comparativos o conjuntos llevados a cabo por instituciones interesadas, o a través de intercambios de información sobre los resultados de los experimentos pedagógicos; • intensificando los intercambios de información sobre los métodos pedagógicos aplicados en los distintos sistemas educativos y sobre los resultados de la investigación en los procedimientos de aprendizaje de escolares y estudiantes, teniendo en cuenta la experiencia pertinente alcanzada en los distintos tipos de educación especializada;
24 Helsinki 1975
• facilitando los intercambios de experiencias relativas a la organización y funcionamiento de la educación de adultos y de la educación permanente, a la relación que existe entre éstas y otras formas y niveles de educación, así como a los medios de adaptar la educación, incluida la for- mación profesional y técnica, a las necesidades del desarrollo económico y social en sus países; • fomentando los intercambios de experiencias en la educación de jóvenes y adultos en lo relativo a la comprensión internacional, con especial referencia a aquellos grandes problemas de la huma- nidad cuya solución requiere un enfoque común y una cooperación internacional más amplia; • estimulando los intercambios de material de enseñanza, inclusive libros de texto, teniendo pre- sente la posibilidad de promover el conocimiento mutuo y facilitar la presentación de cada país en tales libros, así como los intercambios de información sobre las innovaciones técnicas en materia de educación.
Minorías nacionales o culturas regionales
Los Estados participantes, reconociendo la contribución que las minorías nacionales o las cultu- ras regionales pueden aportar a la cooperación entre ellos en diversos campos de la educación, se proponen facilitar esta contribución cuando en sus territorios existan tales minorías o culturas, teniendo en cuenta los legítimos intereses de sus miembros.
Continuidad de la Conferencia
Los Estados participantes,
Habiendo examinado y evaluado los progresos realizados en la Conferencia sobre la Seguridad y la Cooperación en Europa,
Considerando además que, dentro del más amplio contexto mundial, la Conferencia constituye una parte importante del proceso de mejoramiento de la seguridad y del desarrollo de la cooperación en Europa y que sus resultados contribuirán de manera significativa a ese proceso,
Proponiéndose poner en práctica las disposiciones del Acta Final de la Conferencia, con el fin de dar pleno efecto a sus resultados y promover de este modo el proceso de mejoramiento de la segu- ridad y el desarrollo de la cooperación en Europa,
Convencidos de que a fin de alcanzar los objetivos que la Conferencia persigue deben renovar sus esfuerzos unilaterales, bilaterales y multilaterales y continuar, en las formas adecuadas que se enun- cian a continuación, el proceso multilateral iniciado por la Conferencia,
1. Declaran su resolución, en el periodo que siga a la Conferencia, de tener debidamente en cuenta las disposiciones del Acta Final de la Conferencia y de aplicarlas: (a) unilateralmente, en todos los casos que se presten a tal acción; (b) bilateralmente, mediante negociaciones con otros Estados participantes; (c) multilateralmente, mediante reuniones de expertos de los Estados participantes, así como den- tro del marco de las organizaciones internacionales existentes, tales como la Comisión Económica para Europa de las Naciones Unidas y la UNESCO, en lo que se refiere a la cooperación en los cam- pos de la educación, la ciencia y la cultura;
25 Helsinki 1975
2. Declaran, además, que están resueltos a continuar el proceso multilateral iniciado por la Con- ferencia: (a) procediendo a un intercambio a fondo de opiniones sobre la aplicación de las disposiciones del Acta Final y la ejecución de las tareas definidas por la Conferencia, así como, en el contexto de los asuntos examinados por ésta, sobre la profundización de sus relaciones mutuas, el mejoramiento de la seguridad y el desarrollo de la cooperación en Europa y el desarrollo del proceso de disten- sión en el futuro; (b) organizando, con este fin, reuniones entre sus representantes, empezando con una reunión a nivel de representantes designados por los Ministros de Asuntos Exteriores. Esta reunión con- cretará las modalidades adecuadas para la celebración de otras, que podrán comprender nuevas reuniones similares y la posibilidad de una nueva Conferencia;
3. La primera de las reuniones indicadas se celebrará en Belgrado en 1977. La reunión preparato- ria encargada de organizar esta reunión se celebrará en Belgrado el 15 de junio de 1977. La reu- nión preparatoria fijará la fecha, duración, orden del día y demás modalidades de la reunión de los representantes designados por los Ministros de Asuntos Exteriores;
4. Las disposiciones de procedimiento y de trabajo, así como el baremo de reparto de los gastos de la Conferencia, se aplicarán, mutatis mutandis, a las reuniones previstas en el apartado c) del párrafo 1 y en los párrafos 2 y 3 supra. Todas las reuniones indicadas anteriormente se celebrarán por turno en los Estados participantes. Los servicios de la secretaría técnica los facilitará el país receptor.
El original de la presente Acta Final, redactada en alemán, español, francés, inglés, italiano y ruso, se entregará al Gobierno de la República de Finlandia que la conservará en sus archivos. Cada uno de los Estados participantes recibirá del Gobierno de la República de Finlandia un ejemplar con- forme de la presente Acta Final.
El texto de la presente Acta Final se publicará en cada Estado participante, que lo difundirá y dará a conocer con la mayor amplitud posible.
Se ruega al Gobierno de la República de Finlandia que transmita al Secretario General de las Nacio- nes Unidas el texto de la presente Acta Final, que no cabe registrar en virtud de las disposiciones del Artículo 102 de la Carta de las Naciones Unidas, con el fin de enviarla a todos los miembros de la Organización como documento oficial de las Naciones Unidas.
Se ruega igualmente al Gobierno de la República de Finlandia que transmita el texto de la presente Acta Final al Director General de la UNESCO y al Secretario Ejecutivo de la Comisión Económica para Europa de las Naciones Unidas.
En fe de lo cual, los abajo firmantes, Altos Representantes de los Estados participantes, conscien- tes del alto significado político que otorgan a los resultados de la Conferencia y declarando que están determinados a obrar conforme a las disposiciones que figuran en los textos arriba citados, firman al pie de la presente Acta Final (…)
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Cuestiones relativas a la seguridad en Europa
Los Estados participantes manifiestan su determinación de • realizar nuevos esfuerzos para que la distensión constituya un proceso eficaz a la vez que con- tinuado, progresivamente viable, general, universal en su alcance tal y como fue aceptado en virtud del Acta Final; • buscar soluciones a los problemas pendientes por medios pacíficos; • cumplir con constancia todas las disposiciones del Acta Final y, en especial, respetar y poner en práctica, estrictamente y sin reservas todos y cada uno de los diez principios contenidos en la Declaración sobre los Principios que rigen las relaciones entre los Estados participantes, inde- pendientemente de sus sistemas políticos, económicos o sociales, así como de sus dimensiones, situación geográfica o nivel de desarrollo económico, incluido su compromiso de regirse en sus relaciones con todos los demás Estados por el espíritu que anima a dichos principios; • desarrollar relaciones de cooperación mutua, amistad y confianza, absteniéndose de toda acción que siendo contraria al Acta Final pueda perjudicar a dichas relaciones; • alentar todo esfuerzo genuino para la aplicación del Acta Final; • realizar esfuerzos auténticos tendentes a contener la creciente acumulación de armamento, así como a intensificar la confianza y la seguridad y a fomentar el desarme.
Principios
Reafirman su determinación de respetar plenamente y aplicar estos principios y, consecuentemente, conferirles por todos los medios una eficacia creciente tanto jurídica como práctica.
Estiman que uno de dichos medios podría ser dar expresión legal -en las formas adecuadas a las prácticas y procedimientos específicos de cada país- a los diez principios establecidos en el Acta Final.
Reconocen la importancia de que los tratados y acuerdos concluidos por los Estados participantes reflejen y estén en consonancia con los principios pertinentes y, cuando sea apropiado, se remi- tan a éstos.
Los Estados participantes reafirman la necesidad de que se observe de modo estricto y efectivo como norma de conducta internacional la renuncia a la amenaza o al uso de la fuerza. A este fin,
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subrayan su obligación de obrar consecuentemente en el marco de las disposiciones pertinentes del Acta Final.
Los Estados participantes condenan el terrorismo, incluido el terrorismo en las relaciones inter- nacionales, por cuanto pone en peligro o quita la vida a seres inocentes o de cualquier otra forma compromete los derechos humanos y las libertades fundamentales,
y hacen hincapié en la necesidad de adoptar medidas enérgicas para combatirlo. Expresan su deter- minación de adoptar medidas eficaces para prevenir y suprimir los actos de terrorismo, tanto a nivel nacional como mediante la cooperación internacional, incluidos los adecuados acuerdos bilaterales y multilaterales, y consiguientemente, de ampliar e intensificar la cooperación mutua para com- batir dichos actos. Acuerdan obrar de esta manera de conformidad con la Carta de las Naciones Unidas, la Declaración de las Naciones Unidas sobre los Principios de Derecho internacional refe- rentes a las relaciones de amistad y a la cooperación entre los Estados y el Acta Final de Helsinki.
En el marco de la lucha contra los actos de terrorismo adoptarán cuantas medidas sean necesarias para impedir que se utilicen sus respectivos territorios para la preparación, organización o reali- zación de actividades terroristas, incluidas las dirigidas contra otros Estados participantes y sus ciudadanos. Ello abarca asimismo medidas para prohibir en sus territorios actividades ilegales de personas, grupos y organizaciones que instiguen, organicen o tomen parte en la perpetración de actos de terrorismo
Los Estados participantes confirman que se abstendrán de toda ayuda directa o indirecta a acti- vidades terroristas, o actividades subversivas o de otro tipo encaminadas al derrocamiento vio- lento del régimen de otro Estado participante. Por consiguiente, se abstendrán, entre otras cosas, de financiar, estimular, fomentar o tolerar cualquiera de estas actividades.
Manifiestan su determinación de hacer cuanto esté a su alcance para garantizar la necesaria segu- ridad a todos los representantes oficiales y personas que participen en sus territorios en activida- des dentro del ámbito de las relaciones diplomáticas o consulares o de otro tipo.
Hacen hincapié en que todos los Estados participantes reconocen en el Acta Final el valor univer- sal de los derechos humanos y libertades fundamentales, cuyo respeto es un factor esencial de la paz, la justicia y el bienestar necesarios para asegurar el desarrollo de relaciones amistosas y de cooperación tanto entre ellos como entre todos los Estados.
Los Estados participantes subrayan su determinación de promover y fomentar el ejercicio efectivo de los derechos humanos y de las libertades fundamentales, todos los cuales se derivan de la dig- nidad inherente a la persona humana y son esenciales para su libre y pleno desarrollo, y de asegu- rar progresos constantes y tangibles de conformidad con el Acta Final, con miras a conseguir un mayor y firme desarrollo en este campo en todos los Estados participantes, con independencia de sus sistemas políticos, económicos y sociales.
Subrayan de igual manera, que están resueltos a desarrollar sus leyes y reglamentos en el campo de los derechos civiles, políticos, económicos, sociales, culturales y de otros derechos humanos y libertades fundamentales; hacen hincapié asimismo en su firme propósito de garantizar el ejer- cicio efectivo de dichos derechos y libertades.
Reiteran el derecho de la persona a conocer sus derechos y obligaciones y a actuar en consecuen- cia en el campo de los derechos humanos y libertades fundamentales como se recogen en el Acta
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Final, y adoptarán las medidasnecesarias en sus respectivos países para garantizar debidamente este derecho.
Los Estados participantes reafirman que reconocerán y respetarán la libertad del individuo para profesar y practicar individualmente o en comunidad con otros, su religión o creencia actuando de acuerdo con los dictados de su propia conciencia, e incluso convienen en tomar las medidas necesarias para garantizarla.
En este contexto, consultarán, siempre que sea necesario, a las confesiones, instituciones y organi- zaciones religiosas, que actúan dentro del marco constitucional de sus respectivos países.
Examinarán con ánimo favorable las solicitudes de las comunidades religiosas de creyentes que practican o desean practicar su culto en el marco constitucional de sus Estados para que se les conceda el estatuto previsto en sus respectivos países para confesiones, instituciones y organiza- ciones religiosas.
Subrayan asimismo la importancia de realizar constantes progresos para garantizar el respeto y disfrute efectivo de los derechos de las personas pertenecientes a minorías nacionales, así como para proteger sus legítimos intereses, tal y como se recoge en el Acta Final.
Subrayan la importancia de garantizar la igualdad de derechos de hombres y mujeres; acuerdan, en consecuencia, adoptar cuantas medidas sean necesarias para promover la participación igual- mente efectiva de hombres y mujeres en la vida política, económica, social y cultural.
Los Estados participantes garantizarán el derecho de los trabajadores a la libre creación de sindi- catos y de asociación a los mismos, el derecho de los sindicatos a ejercer libremente sus activida- des y demás derechos conforme a lo estipulado en los instrumentos internacionales pertinentes. Señalan que tales derechos se ejercerán en cumplimiento de la Ley del Estado y de conformidad con las obligaciones del Estado según el derecho internacional. Estimularán cuando proceda, los contactos directos y la comunicación entre dichos sindicatos y sus representantes.
Reafirman que gobiernos, instituciones, organizaciones e individuos tienen un importante y posi- tivo papel que desempeñar para contribuir al logro de los citados objetivos de la cooperación mutua antes mencionados.
Reafirman la especial importancia de la Declaración Universal de los Derechos Humanos, los Pac- tos Internacionales de Derechos Humanos y otros instrumentos internacionales pertinentes para los esfuerzos que realizan tanto conjunta como separadamente para alentar y desarrollar el res- peto universal de los derechos humanos y las libertades fundamentales; hacen un llamamiento a todos los Estados participantes para que actúen de conformidad con dichos instrumentos inter- nacionales y a aquellos Estados participantes que todavía no lo hayan hecho a que consideren la posibilidad de adherirse a los pactos.
Acuerdan examinar con ánimo favorable la utilización de mesas redondas bilaterales, que se reúnan con carácter voluntario, entre delegaciones designadas por cada uno de los Estados participantes para tratar cuestiones de derechos humanos y libertades fundamentales, siguiendo un orden del día convenido e inspirados en un espíritu de mutuo respeto con objeto de conseguir una mayor comprensión y cooperación basadas en las disposiciones del Acta Final.
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Deciden convocar una reunión de expertos de los Estados participantes sobre cuestiones relativas al respeto, en sus Estados, de los derechos humanos y las libertades fundamentales, en todos sus aspectos, tal y como se recogen en el Acta Final. (…)
Cooperación en materia de economía, ciencia, tecnología y medio ambiente (…)
En el contexto de las disposiciones del Acta Final relativas a la mano de obra migratoria en Europa,
los Estados participantes señalan que la evolución reciente de la economía mundial ha afectado a la situación de los trabajadores migrantes. a este respecto, los Estados participantes expresan su deseo de que los países de acogida y los países de origen, movidos por un espíritu de interés mutuo y de cooperación, intensifiquen sus contactos a fin de mejorar aún más la situación general de los trabajadores migrantes y sus familias y, entre otros aspectos, la protección de sus derechos huma- nos, incluidos sus derechos económicos, sociales y culturales, y teniendo en cuenta, en particular, los problemas especiales que plantea la segunda generación de migrantes. Se esforzarán también por facilitar o fomentar, cuando exista una demanda razonable, la enseñanza suficiente de la len- gua y la cultura de los países de origen.
Los Estados participantes recomiendan que, entre otras medidas destinadas a facilitar la reinser- ción económica y social de la mano de obra migrante, que retorna a su país de origen, se garantice mediante la legislación apropiada o acuerdos de reciprocidad (…)
Cooperación en el campo humanitario y en otros campos
Los Estados participantes,
Recordando los párrafos de introducción del capítulo del Acta Final sobre cooperación en el campo humanitario y en otros campos, incluidos los relativos al desarrollo de entendimiento mutuo entre ellos y a la distensión y los referentes al progreso de los intercambios culturales y educativos, a una más amplia difusión de la información, a los contactos entre personas y a la solución de los pro- blemas humanitarios,
Resueltos a proseguir y a ampliar la cooperación en estos campos y a lograr una más completa uti- lización de las posibilidades que ofrece el Acta Final,
Acuerdan ahora aplicar lo siguiente:
Contactos entre personas
Los Estados participantes tramitarán favorablemente las solicitudes relativas a los contactos y encuentros regulares sobre la base de lazos familiares, a la reunificación de familias y a los matri- monios entre ciudadanos de Estados diferentes, y las resolverán con ese mismo espíritu.
Resolverán sobre estas solicitudes lo antes posible, para casos urgentes de encuentros familia- res, para reunificación de familias y matrimonios entre ciudadanos de Estados diferentes, según
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la práctica habitual en el plazo de seis meses, y para otros tipos de reuniones familiares en plazos progresivamente más breves.
Confirman que la presentación o renovación de solicitudes en estos casos no modificarán los dere- chos y obligaciones de los solicitantes ni de los miembros de sus familias, relativos en especial al empleo, la vivienda, el estatuto de residencia, las prestaciones familiares y el acceso a los benefi- cios sociales, económicos y educativos, así como cualesquiera otros derechos y obligaciones dima- nantes de las leyes y reglamentos del respectivo Estado participante.
Los Estados participantes proporcionarán la información necesaria sobre los procedimientos a seguir por los solicitantes en estos casos y sobre los reglamentos a observar, además de propor- cionar a petición del solicitante los impresos correspondientes.
Reducirán gradualmente, cuando proceda, los derechos exigidos en relación con estas solicitudes, comprendidos los relativos a visados y pasaportes, con el fin de situarlos en un nivel moderado en relación con el ingreso mensual medio en el respectivo Estado participante.
Se informará a los solicitantes lo antes posible de la decisión tomada. En los casos en que sea nega- tiva, se informará también al solicitante sobre su derecho a presentar solicitudes transcurridos pla- zos razonablemente cortos.
Los Estados participantes reafirman su compromiso de aplicar plenamente las disposiciones rela- tivas a las misiones diplomáticas, y otras misiones oficiales, y Consulados de otros Estados par- ticipantes que figuran en las pertinentes convenciones bilaterales o multilaterales, y de facilitar el normal funcionamiento de esas misiones. El acceso de visitantes a estas misiones será garanti- zado, teniendo debidamente en cuenta los requisitos necesarios para la seguridad de estas misiones.
Reiteran también su disposición a tomar medidas razonables, en el ámbito de su competencia, incluidas, cuando proceda, las necesarias medidas de seguridad para garantizar condiciones satis- factorias a las actividades relativas a la cooperación mutua en su territorio, tales como las manifes- taciones deportivas y culturales en las que intervengan ciudadanos de otros Estados participantes.
Los Estados participantes tratarán de mejorar, donde proceda, las condiciones de la asistencia jurí- dica, consular y médica a los ciudadanos de otros Estados participantes, que se hallen temporal- mente en su territorio por razones personales o profesionales, tomando debidamente en cuenta los convenios o acuerdos bilaterales o multilaterales pertinentes.
Incrementarán la aplicación de las disposiciones pertinentes del Acta Final de manera que las con- fesiones, las instituciones y las organizaciones religiosas y sus representantes puedan, en el campo de su actividad, desarrollar contactos y celebrar encuentros entre ellos, e intercambiar información.
Los Estados participantes fomentarán contactos e intercambios entre jóvenes y promoverán el desarrollo de la cooperación entre sus organizaciones juveniles. Favorecerán la celebración de actividades y acontecimientos educativos, culturales y similares entre jóvenes y organizaciones juveniles. Asimismo, favorecerán el estudio de los problemas relacionados con las generaciones más jóvenes. Los Estados participantes fomentarán el desarrollo del turismo de los jóvenes, tanto en el plano individual como en el colectivo, cuando sea necesario sobre la base de disposiciones, especialmente, alentando a las autoridades de transportes y a las organizaciones de turismo de los Estados participantes a que concedan prestaciones adecuadas o facilidades como las que brindan las autoridades ferroviarias participantes en el sistema “Inter-Rail”.
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Información
Los Estados participantes fomentarán en mayor medida una difusión más libre y amplia de las publicaciones impresas, periódicas y no periódicas, importadas de otros Estados participantes, así como el aumento del número de lugares donde estas publicaciones se vendan al público. Estas publicaciones estarán también disponibles a todos en las salas de lectura de las grandes bibliote- cas públicas e instituciones similares.
En particular, para facilitar la mejora de la difusión de la información impresa, los Estados par- ticipantes fomentarán los contactos y negociaciones entre sus empresas y organizaciones compe- tentes a fin de concluir acuerdos y contratos a largo plazo destinados a incrementar la cantidad y el número de títulos de periódicos y de otras publicaciones importadas de otros Estados partici- pantes. Estiman conveniente que los precios al por menor de las publicaciones extranjeras no sean excesivos en relación con los precios en su propio país de origen.
Confirman su intención, de acuerdo con las disposiciones pertinentes del Acta Final, de ampliar más las posibilidades de suscripción por el público.
Favorecerán una mayor expansión de la cooperación entre los medios de comunicación de masas y sus representantes, especialmente entre el personal de redacción de agencias de prensa, periódi- cos y organismos de radio y televisión, así como de compañías cinematográficas. Fomentarán un intercambio más regular de noticias, artículos, suplementos y emisiones radiofónicas, así como el intercambio de personal de redacción para perfeccionar su conocimiento de las respectivas prác- ticas. Basándose en la reciprocidad, mejorarán las facilidades y servicios materiales y técnicos pro- porcionados a los periodistas de radio y televisión acreditados temporal o permanentemente. Más aún, facilitarán los contactos directos entre periodistas, así como los contactos en el marco de las organizaciones profesionales.
Resolverán sin demoras indebidas sobre las solicitudes de visado de los periodistas y volverán a examinar, en un plazo razonable, las solicitudes que hayan sido denegadas. Además, los perio- distas que deseen efectuar viajes por motivos personales y no con objeto de informar disfrutarán de idéntico trato que los demás visitantes de su país de origen.
Otorgarán a los corresponsales permanentes y miembros de sus familias que vivan con ellos, visa- dos de entrada y salida múltiples con validez de un año.
Los Estados participantes examinarán la posibilidad de conceder, donde sea necesario y sobre la base de acuerdos bilaterales, la acreditación y demás facilidades conexas, a los periodistas de otros Estados participantes que estén permanentemente acreditados en terceros países.
Facilitarán el desplazamiento de los periodistas de otros Estados participantes dentro de sus terri- torios, en especial tomando medidas concretas donde sea necesario, para ofrecerles la oportuni- dad de viajar más extensamente con la excepción de zonas prohibidas por razones de seguridad. Siempre que sea posible se informará a los periodistas de antemano, si por razones de seguridad se han prohibido nuevas zonas.
Aumentarán las posibilidades de que los periodistas de otros Estados participantes establezcan y mantengan contactos y comunicaciones personales con sus fuentes de información y, cuando sea necesario, mejorarán estas condiciones.
32 Madrid 1983
Autorizarán como regla general, a los periodistas de radio y televisión, cuando así lo soliciten, a ir acompañados por sus propios técnicos de sonido y de imagen y a utilizar su propio equipo.
De forma análoga, los periodistas podrán llevar consigo material de consulta con inclusión de notas personales y expedientes para estricto uso profesional.* (…)
Los Estados participantes, donde sea necesario, facilitarán el establecimiento y funcionamiento en sus capitales de centros de prensa o instituciones que realicen las mismas funciones, abiertos a la prensa nacional y extranjera, donde esta última disponga de instalaciones adecuadas de trabajo.
Considerarán nuevas formas y procedimientos de asistencia a periodistas de otros Estados parti- cipantes, permitiéndoles así resolver los problemas prácticos que puedan encontrar.
Cooperación e intercambios en materia de educación
Procurarán, tomando las medidas adecuadas, que la información pertinente relativa a las posibi- lidades que ofrecen los acuerdos y programas culturales bilaterales sea asequible a las personas, instituciones y organizaciones no gubernamentales interesadas, facilitando de este modo su efi- caz aplicación.
Los Estados participantes fomentarán en mayor medida una más amplia difusión de libros, películas y otras formas y medios de expresión cultural de otros Estados participantes y el acceso a los mis- mos, mejorando con ese objeto, por los medios apropiados, sobre una base bilateral o multilateral, las condiciones de intercambio internacional, comercial y no comercial, de sus bienes culturales, disminuyendo, entre otras cosas, gradualmente los derechos aduaneros que gravan esos artículos.
Los Estados participantes tratarán de fomentar la traducción, publicación y difusión de obras en la esfera de la literatura y en otros campos de la actividad cultural de otros Estados participantes, especialmente las producidas en las lenguas menos ampliamente utilizadas, facilitando la coope- ración entre las editoriales, en particular por medio del intercambio de catálogos de libros que puedan ser traducidos, así como de otra información pertinente.
Contribuirán a incrementar los contactos, la cooperación y los proyectos conjuntos entre los Esta- dos participantes, relativos a la protección, conservación e inventario del patrimonio cultural y de los monumentos y la relación entre el hombre, el medio ambiente y este patrimonio; expresan su interés en la posibilidad de convocar una conferencia intergubernamental sobre estos temas, en el marco de la UNESCO.
Los Estados participantes alentarán a sus organizaciones de radio y televisión a proseguir la pre- sentación de las realizaciones artísticas y culturales de otros Estados participantes, sobre la base de acuerdos bilaterales y multilaterales entre estas organizaciones, en los que se prevean, entre otras cosas, intercambios de información sobre producciones, la radiodifusión de espectáculos y pro- gramas de otros Estados participantes, la realización de coproducciones y la invitación a directo- res de orquesta y productores, así como la asistencia mutua a los equipos de películas culturales. (…)
* Se entiende en este contexto que la importación de material impreso puede estar sujeta a reglamentación local, que se aplicará teniendo debidamente en cuenta la necesidad de los periodistas de disponer de suficiente mate- rial de trabajo.
33 Madrid 1983
Cooperación e intercambios en materia de educación
Los Estados participantes fomentarán la conclusión de acuerdos y convenios gubernamentales y no gubernamentales en el campo de la educación y de la ciencia, que se llevará a cabo con la partici- pación de instituciones docentes y otras instituciones competentes.
Los Estados participantes contribuirán a mejorar en mayor grado los intercambios de estudian- tes, profesores e investigadores y su acceso a las respectivas instituciones educativas, culturales y científicas, así como su acceso al material informativo no reservado, conforme a la legislación y reglamentos vigentes en cada país. En este contexto, facilitarán los desplazamientos de los investi- gadores, profesores y estudiantes en el Estado de acogida, el establecimiento por éstos de contactos con sus colegas, y fomentarán asimismo el que bibliotecas, centros de educación superior e insti- tuciones similares de sus territorios, elaboren catálogos y listas de material de archivos no reser- vado a disposición de los investigadores, profesores y estudiantes de otros Estados participantes.
Fomentarán un intercambio más regular de información sobre programas de formación cientí- fica, cursos y seminarios para jóvenes científicos, y facilitarán una participación más amplia en esas actividades de jóvenes científicos de diferentes Estados participantes. exhortarán a las orga- nizaciones e instituciones nacionales e internacionales pertinentes a que presten su apoyo, donde proceda, a la consecución de esas actividades de formación. (…)
Los Estados participantes favorecerán la ampliación de las posibilidades de enseñanza y estudio de las lenguas europeas menos difundidas o estudiadas. A este fin, alentarán dentro de su competen- cia, la organización y asistencia a cursos de verano de Universidades y a otros cursos, la concesión de becas para traductores y el refuerzo de las facultades de lenguas, incluido, en caso necesario, el suministro de medios materiales para el estudio de tales lenguas.
Los Estados participantes expresan que están dispuestos a intensificar entre ellos y en el marco de las organizaciones internacionales competentes, el intercambio de material didáctico, textos escola- res, mapas, bibliografía y demás material educativo, con el fin de promover un mejor conocimiento mutuo y de facilitar una presentación más completa de sus países respectivos.
34 Documento de la Conferencia de Estocolmo sobre Medidas destinadas a Fomentar la Confianza y la Seguridad y sobre Desarme en Europa Estocolmo 1986
(…)
Abstención de recurrir a la amenaza o al uso de la fuerza (…)
(18) Los Estados participantes subrayan su compromiso con el Acta Final y la necesidad de la plena aplicación de todas sus disposiciones, lo que fomentará el proceso de mejorar la seguridad y desa- rrollar la cooperación en Europa, contribuyendo de este modo a la paz y la seguridad internacio- nales en todo el mundo.
(19) Reafirman su compromiso con todos los principios de la Declaración sobre los Principios que rigen las relaciones entre los Estados participantes y declaran su determinación de respetarlos y ponerlos en práctica, independientemente de sus sistemas políticos, económicos o sociales, así como de su tamaño, situación geográfica o nivel de desarrollo económico.
(20) Estos diez principios son de significación primordial y, por lo tanto, se aplicarán por igual y sin reservas, interpretándose cada uno de ellos teniendo en cuenta los demás.
(21) El respeto y la aplicación de estos principios fomentarán el desarrollo de relaciones amisto- sas y la cooperación entre los Estados participantes en todos los campos incluidos en las disposi- ciones del Acta Final.
(22) Se ratifican en su compromiso con el principio básico de la igualdad soberana de los Estados y subrayan que todos los Estados tienen iguales derechos en el contexto del derecho internacional.
(23) Reafirman el valor universal de los derechos humanos y de las libertades fundamentales. El respeto y la aplicación efectiva de estos derechos y libertades son factores esenciales para la paz internacional, la justicia y la seguridad, así como para el desarrollo de relaciones amistosas y de cooperación, tanto entre ellos como entre todos los Estados, tal como se establece en la Declara- ción sobre los Principios que rigen las relaciones entre los Estados participantes.
(24) Reafirman que, dentro del contexto más general de la seguridad mundial, la seguridad en Europa está estrechamente relacionada con la seguridad en la región del Mediterráneo en su tota- lidad; dentro de este contexto reafirman su intención de desarrollar buenas relaciones de vecindad con todos los Estados de la región, tomando debidamente en cuenta la reciprocidad y en el espíritu de los principios contenidos en la Declaración sobre los Principios que rigen las relaciones entre
35 Estocolmo 1986
los Estados participantes, a fin de fomentar la confianza y la seguridad y hacer que prevalezca la paz en la región de conformidad con las condiciones incluidas en el capítulo del Acta Final rela- tivo al Mediterráneo.
(25) Subrayan la necesidad de adoptar medidas enérgicas para evitar y combatir el terrorismo, incluido el terrorismo en las relaciones internacionales. Expresan su determinación de adoptar medidas eficaces, tanto a nivel nacional como mediante la cooperación internacional, para la pre- vención y supresión de todos los actos de terrorismo. Adoptarán cuantas medidas sean necesarias para impedir que se utilicen sus respectivos territorios para la preparación, organización o comi- sión de actividades terroristas. Ello incluye asimismo medidas para prohibir en sus territorios acti- vidades ilegales, incluidas las actividades subversivas de personas, grupos y organizaciones que instiguen, organicen o tomen parte en la perpetración de actos de terrorismo, incluidos los diri- gidos contra otros Estados y sus ciudadanos.
36 Documento de clausura de la reunión de Viena (Tercera Reunión de la Conferencia sobre la Seguridad y la Cooperación en Europa)
Viena 1989
(…)
Cuestiones relativas a la seguridad en Europa
Los Estados participantes manifiestan su determinación de • tomar como base los actuales progresos en sus relaciones para hacer de la distensión un proceso viable, amplio y auténtico, de alcance universal; • asumir su responsabilidad de cumplir plenamente los compromisos contenidos en el Acta Final y en otros documentos de la CSCE; • intensificar sus esfuerzos para buscar soluciones a los problemas que gravan sus relaciones, y para fortalecer las salvaguardias de la paz y la seguridad internacionales; • promover la cooperación y el diálogo entre ellos, a fin de garantizar el efectivo ejercicio de los derechos humanos y las libertades fundamentales y facilitar los contactos y la comunicación entre las personas; • desplegar nuevos esfuerzos con miras a realizar nuevos progresos para fortalecer la confianza y la seguridad y para promover el desarme.
Principios
(1) Los Estados participantes reafirman su compromiso para con los diez principios enunciados en la Declaración del Acta Final sobre los Principios que Rigen las Relaciones entre los Estados Participantes, así como su determinación de respetarlos y ponerlos en práctica. Los Estados par- ticipantes reafirman que todos estos principios son de significación primordial y, por lo tanto, se aplicarán igual y sin reservas, interpretándose cada uno de ellos teniendo en cuenta a los demás.
(2) Subrayan que el respeto y la plena aplicación de esos principios, así como el estricto cumpli- miento de todos los compromisos contraídos en el marco de la CSCE derivados de dichos principios, tienen gran importancia política y son esenciales para el fomento de la confianza y la seguridad, así como para el desarrollo de las relaciones de amistad y de la cooperación en todos los campos.
(3) En este contexto, confirman que respetarán el derecho de cada uno de los otros a elegir y desa- rrollar libremente sus sistemas políticos, sociales, económicos y culturales, así como el derecho a determinar sus leyes, reglamentos, prácticas y políticas. En el ejercicio de esos derechos, garanti- zarán que sus leyes, reglamentos, prácticas y políticas se ajusten a sus obligaciones según el derecho
37 Viena 1989
internacional y se armonicen con las disposiciones de la Declaración de Principios y otros com- promisos contraídos en el marco de la CSCE.
(4) Asimismo, confirman que, en virtud del principio de la igualdad de derechos y libre determi- nación de los pueblos, y de acuerdo con las disposiciones del Acta Final, todos los pueblos tienen siempre el derecho, con plena libertad, a determinar cuándo y como lo deseen su condición polí- tica interna y externa, sin injerencia exterior, y a proseguir como estimen oportuno su desarrollo político, económico, social y cultural. (…)
(8) Los Estados participantes condenan sin reservas como criminales todos los actos, métodos y prácticas terroristas dondequiera y por quienquiera sean cometidos, incluidos los que ponen en peligro las relaciones de amistad entre Estados y la seguridad de éstos, y convienen en que el terro- rismo no puede justificarse en ninguna circunstancia.
(9) Expresan su determinación de trabajar en favor de la erradicación del terrorismo, tanto bilate- ralmente como mediante la cooperación multilateral, en particular en foros internacionales tales como las Naciones Unidas, la Organización de Aviación Civil Internacional y la Organización Marítima Internacional, y de conformidad con las disposiciones pertinentes del Acta Final y del Documento de Clausura de Madrid. (10) Convencidos de la necesidad de simultanear medidas a nivel nacional con una cooperación internacional reforzada, los Estados participantes manifiestan su intención de (10.1) – mantener una política de firmeza ante las demandas terroristas; (10.2) – reforzar y desarrollar la cooperación bilateral y multilateral entre ellos mismos con miras a prevenir y combatir el terrorismo, así como a aumentar la eficacia de la cooperación ya existente a nivel bilateral o en el marco de grupos de Estados, incluso, según proceda, por medio del inter- cambio de información; (10.3.) – impedir en su territorio las actividades ilegales de personas, grupos u organizaciones que instiguen, organicen o participen en la realización de actos de terrorismo o subversivos, o de otras actividades encaminadas a derrocar por la violencia el régimen de otro Estado participante; (10.4) – tomar medidas efectivas para prevenir e impedir actos terroristas dirigidos contra repre- sentantes diplomáticos o consulares, así como para combatir el terrorismo que implique violacio- nes de las Convenciones de Viena sobre relaciones diplomáticas y consulares y, en particular, de sus disposiciones relativas a los privilegios e inmunidades diplomáticas y consulares; (10.5) – asegurar la extradición o procesamiento de personas que participen en actos terroris- tas, y cooperar estrechamente en casos de conflicto de jurisdicción que afecten a varios Estados, actuando en ambos respectos de conformidad con los acuerdos internacionales aplicables; (10.6) – considerar adherirse, si aún no lo han hecho, a las convenciones internacionales pertinen- tes relativas a la represión de los actos de terrorismo; (10.7) – continuar en los órganos internacionales competentes la labor encaminada a mejorar y ampliar las medidas contra el terrorismo, y velar por que los acuerdos pertinentes sean acepta- dos y aplicados por el mayor número de Estados posible.
(11) Confirman que respetarán los derechos humanos y las libertades fundamentales de todos, incluyendo la libertad de pensamiento, conciencia, religión o creencia, sin distinción por motivos de raza, sexo, idioma o religión. Asimismo, confirman el valor universal de los derechos huma- nos y de las libertades fundamentales, cuyo respeto es un factor esencial para la paz, la justicia
38 Viena 1989
y la seguridad necesarias para asegurar el desarrollo de las relaciones de amistad y la cooperación entre ellos, así como entre todos los Estados.
(12) Expresan su determinación de garantizar el ejercicio efectivo de los derechos humanos y de las libertades fundamentales, todos los cuales se derivan de la dignidad inherente a la persona humana y son esenciales para su libre y pleno desarrollo. Reconocen que los derechos y libertades civiles, políticos, económicos, sociales, culturales y de otra índole son todos ellos de suprema importan- cia y que su pleno ejercicio ha de asegurarse por todos los medios apropiados.
(13) tal contexto (13.1) – desarrollarán sus leyes, reglamentaciones y políticas en los campos de los derechos civiles, políticos, económicos, sociales, culturales y de otros derechos humanos y libertades fundamen- tales y las aplicarán con el fin de garantizar el ejercicio efectivo de dichos derechos y libertades; (13.2) – considerarán su adhesión, si aún no la han realizado, al Pacto Internacional de Derechos Civiles y Políticos, al Pacto Internacional de Derechos Económicos, Sociales y Culturales, al Pro- tocolo Facultativo del Pacto de Derechos Civiles y Políticos y a otros instrumentos internaciona- les pertinentes; (13.3) – publicarán y difundirán el texto del Acta Final, del Documento de Clausura de Madrid y del presente Documento, así como los de otros instrumentos internacionales pertinentes en el campo de los derechos humanos, con el fin de asegurar la disponibilidad de esos documentos en su totalidad, darlos a conocer lo más ampliamente posible y hacerlos accesibles a todas las per- sonas en sus respectivos países, en especial por medio de los servicios de las bibliotecas públicas; (13.4) – garantizarán efectivamente el derecho de las personas a conocer y ejercer sus derechos y deberes en este campo y, a dicho fin, publicarán y harán accesibles todas las leyes, reglamentos y procedimientos relativos a los derechos humanos y a las libertades fundamentales; (13.5) – respetarán el derecho de sus ciudadanos a contribuir activamente, en forma individual o en asociación con otros, a la promoción y protección de los derechos humanos y de las liberta- des fundamentales; (13.6) – fomentarán en las escuelas y en otras instituciones docentes el examen de la promoción y protección de los derechos humanos y de las libertades fundamentales; (13.7) – garantizarán a todas las personas presentes en su territorio y sujetas a su jurisdicción el goce de sus derechos humanos y libertades fundamentales, sin hacer distinción alguna por moti- vos de raza, color, sexo, idioma, religión, opinión política o de cualquier otra índole, origen nacio- nal o social, posición económica, nacimiento o cualquier otra condición; (13.8) – velarán por que ninguna persona que ejerza esos derechos o libertades, o que exprese la intención de ejercerlos o procure ejercerlos, así como cualquier miembro de su familia, sea, como consecuencia de ello, objeto de discriminación alguna; (13.9) – velarán por que toda persona que alegue la violación de sus derechos humanos o libertades fundamentales disponga de medios efectivos para recurrir y dé plena información sobre los mis- mos; los Estados participantes aplicarán de hecho, inter alia, los siguientes recursos: • el derecho del interesado a apelar a órganos ejecutivos, legislativos, judiciales o administrativos; • el derecho a un juicio justo y público, dentro de un plazo razonable, ante un tribunal indepen- diente e imparcial, inclusive el derecho del recurrente a aducir argumentos jurídicos y a ser repre- sentado por un letrado por él elegido; • el derecho a recibir rápidamente información oficial sobre la decisión relativa a la apelación, incluidas las razones jurídicas en que se base esa decisión. Esta información se proveerá por regla
39 Viena 1989
general por escrito y, en todo caso, de manera tal que permita al recurrente hacer uso efectivo de cualesquiera otros recursos disponibles.
(14) Los Estados participantes reconocen que la promoción de los derechos económicos, sociales y culturales es, así como la de los derechos civiles y políticos, de suprema importancia para la digni- dad humana y para la consecución de las legítimas aspiraciones de toda persona. Por consiguiente, proseguirán sus esfuerzos con el fin de conseguir progresivamente el pleno ejercicio de los derechos económicos, sociales y culturales por todos los medios adecuados, incluida, en particular, la adop- ción de medidas legislativas. En este contexto, prestarán especial atención a los problemas plantea- dos en las esferas del empleo, la vivienda, la seguridad social, la sanidad, la educación y la cultura.
Promoverán un constante progreso en la realización de todos los derechos y libertades en sus paí- ses, así como en el desarrollo de sus relaciones mutuas y con otros Estados, de manera que cada persona pueda gozar real y plenamente de sus derechos económicos, sociales y culturales, además de sus derechos civiles y políticos.
(15) Los Estados participantes confirman su determinación de garantizar iguales derechos a los hom- bres y a las mujeres. En consecuencia, tomarán todas las medidas necesarias, incluidas las medidas legislativas, para promover la participación igualmente real de los hombres y las mujeres en la vida política, económica, social y cultural. Considerarán la posibilidad de adherirse, si aún no lo han hecho, a la Convención sobre la eliminación de todas las formas de discriminación contra la mujer.
(16) A fin de asegurar la libertad de la persona de profesar y practicar una religión o creencia, los Estados participantes, inter alia, (16.1) – adoptarán medidas eficaces para prevenir y eliminar toda discriminación contra individuos o comunidades, por motivo de religión o creencia, en el reconocimiento, el ejercicio y el goce de los derechos humanos y de las libertades fundamentales en todas las esferas de la vida civil, política, económica, social y cultural, y garantizarán la igualdad de hecho entre creyentes y no creyentes; (16.2) – promoverán un clima de tolerancia y respeto mutuos entre creyentes de diferentes comu- nidades, así como entre creyentes y no creyentes; (16.3) – otorgarán, a petición de las comunidades de creyentes que practiquen o deseen practicar su religión en el marco constitucional de sus Estados, el reconocimiento del estatuto que para ellas se prevea en sus respectivos países; (16.4) – respetarán el derecho de esas comunidades religiosas a • establecer y mantener lugares de culto o de reunión libremente accesibles, • organizarse de conformidad con su propia estructura jerárquica e institucional, • elegir, nombrar y sustituir a su personal de conformidad con sus necesidades y normas respecti- vas, así como con cualquier acuerdo libremente establecido entre tales comunidades y su Estado, • solicitar y recibir contribuciones voluntarias financieras y de otra índole; (16.5) – realizarán consultas con confesiones, instituciones y organizaciones religiosas, con el fin de obtener una mejor comprensión de los requisitos de la libertad religiosa; (16.6) – respetarán el derecho de toda persona a impartir y recibir educación religiosa en el idioma de su elección, individualmente o en asociación con otras personas; (16.7) – respetarán en este contexto, inter alia, la libertad de los padres de asegurar la educación religiosa y moral de sus hijos de acuerdo con sus propias convicciones; (16.8) – permitirán la formación de personal religioso en las instituciones apropiadas;
40 Viena 1989
(16.9) – respetarán el derecho de los creyentes individuales y de las comunidades de creyentes a adquirir, poseer y utilizar libros sagrados y publicaciones religiosas en el idioma de su elección, así como otros artículos y materiales relacionados con la práctica de una religión o creencia, (16.10) – permitirán a las confesiones, instituciones y organizaciones religiosas la producción, importación y distribución de publicaciones y materiales religiosos y la difusión de los mismos; (16.11) – prestarán favorable consideración al interés de las comunidades religiosas por participar en el diálogo público, inter alia, a través de los medios de comunicación.
(17) Los Estados participantes reconocen que el ejercicio de los derechos arriba mencionados rela- tivos a la libertad de religión o creencia sólo puede estar sujeto a limitaciones establecidas por la ley y que sean conformes con las obligaciones de esos Estados según el derecho internacional y con sus compromisos internacionales. Procurarán en sus leyes y reglamentaciones y en la apli- cación de las mismas, asegurar la plena y efectiva realización de la libertad de pensamiento, con- ciencia, religión o creencia.
(18) Los Estados participantes realizarán continuados esfuerzos para aplicar las disposiciones del Acta Final y del Documento de Clausura de Madrid relativas a las minorías nacionales. Tomarán todas las medidas legislativas, administrativas, judiciales y de otra índole necesarias y aplicarán los instrumentos internacionales pertinentes de los que sean parte, con el fin de asegurar, den- tro de sus territorios, la protección de los derechos humanos y las libertades fundamentales de las personas pertenecientes a minorías nacionales. Se abstendrán de ejercer discriminaciones contra tales personas y contribuirán a la realización de sus legítimos intereses y aspiraciones en el campo de los derechos humanos y las libertades fundamentales.
(19) Protegerán la identidad étnica, cultural, lingüística y religiosa de las minorías nacionales exis- tentes en su territorio y crearán las condiciones necesarias para la promoción de la misma. Respeta- rán el libre ejercicio de los derechos de las personas pertenecientes a dichas minorías y garantizarán su plena igualdad con otras.
(20) Los Estados participantes respetarán plenamente el derecho de toda persona a • la libertad de movimiento y de residencia dentro de las fronteras de cada Estado, y • salir de cualquier país, incluso del propio, y de regresar a su país.
(21) Los Estados participantes velarán por que el ejercicio de los derechos arriba mencionados no esté sujeto a restricción alguna, excepto a las establecidas por la ley que sean conformes con las obligaciones de esos Estados según el derecho internacional, en particular con el Pacto Interna- cional de Derechos Civiles y Políticos y con sus compromisos internacionales, y de modo especial con la Declaración Universal de Derechos Humanos. Estas restricciones tienen carácter de excep- ciones. Los Estados participantes velarán por que esas restricciones no sean objeto de abuso ni se apliquen de manera arbitraria sino de modo que garanticen el efectivo ejercicio de tales derechos.
(22) En este contexto, los Estados participantes permitirán a todos los refugiados que lo deseen el regreso en seguridad a sus hogares. (23) Los Estados participantes (23.1) – asegurarán que nadie sea arbitrariamente detenido, preso o desterrado; (23.2) – asegurarán que todo individuo detenido o preso sea tratado con humanidad y con el res- peto debido a la dignidad inherente a toda persona humana;
41 Viena 1989
(23.3) – observarán las Reglas mínimas de las Naciones Unidas para el Tratamiento de los Reclu- sos, así como el Código de conducta de las Naciones Unidas para funcionarios encargados de hacer cumplir la ley; (23.4) – prohibirán el uso de la tortura y de otras prácticas o castigos crueles, inhumanos o degra- dantes, y tomarán efectivas medidas legislativas, administrativas, judiciales y de otra índole para prevenir y castigar tales prácticas; (23.5) – considerarán su adhesión, si aún no lo han hecho, a la Convención contra la Tortura y otros Tratos o Penas Crueles, Inhumanos o Degradantes; (23.6) – protegerán a las personas contra toda práctica psiquiátrica y otras prácticas médicas que violen los derechos humanos y las libertades fundamentales, y tomarán medidas efectivas para impedir y castigar dichas prácticas.
(24) respecto a la cuestión de la pena de muerte, los Estados participantes toman nota de que en algunos de ellos ha sido abolida la pena capital. En los Estados participantes que no la han abo- lido, sólo puede imponerse la pena de muerte por los más graves delitos de conformidad con leyes vigentes en el momento de cometerse el delito, que no sean contrarias a sus compromisos inter- nacionales. La cuestión de la pena de muerte seguirá siendo objeto de consideración. En este con- texto, los Estados participantes cooperarán con las organizaciones internacionales pertinentes.
(25) el fin de desarrollar su comprensión y confianza mutuas, promover relaciones de amistad y de buena vecindad, fortalecer la paz, la seguridad y la justicia internacionales, y mejorar el cumpli- miento de sus compromisos en el marco de la CSCE, los Estados participantes continuarán desarro- llando su cooperación y fomentando el diálogo entre ellos en todos los campos y a todos los niveles, sobre la base de entera igualdad. Convienen en que el pleno respeto y la aplicación de los princi- pios y el cumplimiento de las demás disposiciones de la CSCE mejorarán sus relaciones y harán progresar el desarrollo de su cooperación. Se abstendrán de todo acto no conforme con las dispo- siciones del Acta Final y demás documentos de la CSCE, y reconocen que un acto tal perjudicaría sus relaciones mutuas y dificultaría el desarrollo de la cooperación entre ellos.
(26) irman que los gobiernos, las instituciones, las organizaciones y las personas tienen un impor- tante y positivo papel que desempeñar para contribuir al logro de los objetivos de su cooperación y a la plena realización del Acta Final. Con tal fin respetarán el derecho de las personas a observar y promover el cumplimiento de las disposiciones de la CSCE y a asociarse con otros para tal fin. Facilitarán los contactos directos y la comunicación entre esas personas, organizaciones e institu- ciones dentro de los Estados y entre estos mismos, y suprimirán, donde existan, los impedimen- tos legales y administrativos incompatibles con las disposiciones de la CSCE. Asimismo, tomarán medidas efectivas para facilitar el acceso a la información sobre la aplicación de las disposiciones de la CSCE y facilitar la libre expresión de opiniones sobre estas materias. (…)
Cooperación en materia de economía, ciencia, tecnología y medio ambiente (…)
Cooperación en otros sectores
(40) Los Estados participantes subrayan la necesidad de aplicar efectivamente las disposiciones del Acta Final y del Documento de Clausura de Madrid referentes a los trabajadores migrantes y sus
42 Viena 1989
familias en Europa. Invitan a los países de acogida y a los países de origen a que se esfuercen por mejorar más las condiciones económicas, sociales, culturales y otras condiciones de vida de los trabajadores migrantes y sus familias legalmente residentes en los países de acogida. Recomien- dan que los países de acogida y los países de origen promuevan su cooperación bilateral en cam- pos pertinentes, con miras a facilitar la reinserción de los trabajadores migrantes y sus familias que retornan a su país de origen.
(41) Los Estados participantes, de conformidad con los compromisos pertinentes contraídos en virtud del Acta Final y del Documento de Clausura de Madrid, examinarán favorablemente las solicitudes de reunificación de familias, así como de contactos familiares y de visitas relativas a tra- bajadores migrantes de otros Estados participantes que residan legalmente en los países de acogida.
(42) Los Estados participantes garantizarán que los trabajadores migrantes de otros Estados par- ticipantes, y sus familias, puedan disfrutar libremente de su cultura nacional, conservarla y tener acceso a la cultura del país de acogida.
(43) Con el fin de asegurar la efectiva igualdad de oportunidades entre los hijos de los trabaja- dores migrantes y los hijos de sus propios nacionales, en lo que respecta al acceso a todas las for- mas y niveles de educación, los Estados participantes afirman su buena voluntad para adoptar las medidas necesarias a la mejor utilización y aprovechamiento de las oportunidades educacionales. Además, alentarán o facilitarán, cuando existan demandas razonables, la enseñanza suplementa- ria en su idioma materno a los hijos de los trabajadores migrantes.
(44) Los Estados participantes reconocen que las cuestiones relativas a los trabajadores migrantes tienen dimensión humana.
(45) Los Estados participantes reconocen que el impacto del cambio económico y tecnológico se percibe intensamente en los lugares de trabajo. Subrayan que están dispuestos a alentar la coope- ración en el campo de la política de formación profesional mediante la intensificación del inter- cambio de información y de experiencia, con el propósito de elevar los niveles de instrucción, los conocimientos y las aptitudes profesionales, y la adaptabilidad del personal interesado que inter- viene en la industria y el comercio.
(46) Los Estados participantes reconocen la importancia de facilitar la integración de los jóvenes en la vida profesional. Por consiguiente, proseguirán sus esfuerzos encaminados a garantizar las condiciones necesarias para la educación y formación profesional de los mismos y fomentar sus oportunidades de empleo en diferentes sectores de la economía. Proseguirán sus esfuerzos para crear condiciones que permitan desarrollar el nivel de conocimientos científicos y culturales de sus ciudadanos, especialmente de los jóvenes, y facilitar el acceso de los mismos a los logros alcanza- dos en los campos de las ciencias sociales y naturales, así como en el de la cultura. (…)
Cooperación en el campo humanitario y en otros campos
Los Estados participantes,
Considerando que la cooperación en el campo humanitario y en otros campos es un factor esen- cial para el desarrollo de sus relaciones,
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Conviniendo en que su cooperación en estos campos habrá de realizarse con pleno respeto de los principios que rigen las relaciones entre los Estados participantes, tal como figuran en el Acta Final, así como de las disposiciones relativas a esos principios recogidas en el Documento de Clausura de Madrid y en el presente Documento,
Confirmando que, al aplicar las disposiciones relativas a la cooperación en el campo humanitario y en otros campos en el marco de sus leyes y reglamentos, cuidarán de que tales leyes y reglamen- tos sean conformes con sus obligaciones en virtud del derecho internacional y se armonicen con los compromisos por ellos contraídos en el marco de la CSCE,
Reconociendo que la aplicación de las disposiciones pertinentes del Acta Final y del Documento de Clausura de Madrid requiere esfuerzos continuos e intensificados,
Han adoptado y desean poner en ejecución lo siguiente:
Contactos entre personas
(1) Al poner en ejecución las disposiciones sobre contactos entre personas del Acta Final, del Docu- mento de Clausura de Madrid y del presente Documento, respetarán plenamente sus obligaciones en virtud del derecho internacional, según se enuncian en el subcapítulo del presente Documento dedicado a los principios, en particular con referencia a la libertad que debe tener toda persona para salir de cualquier país, incluso del propio, y regresar a su país, así como sus compromisos internacionales en este campo.
(2) Cuidarán de que sus respectivas políticas respecto a la entrada en sus territorios sean plena- mente congruentes con los fines enunciados en las disposiciones pertinentes del Acta Final, del Documento de Clausura de Madrid y del presente Documento.
(3) Adoptarán las medidas necesarias para encontrar soluciones lo más rápidamente posible, en plazo no superior a los seis meses, respecto de todas las solicitudes, basadas en las disposiciones del Acta Final sobre contactos entre personas y del Documento de Clausura de Madrid, pendien- tes al término de la Reunión de Continuidad de Viena.
(4) Subsiguientemente, efectuarán revisiones periódicas a fin de asegurarse de que todas las soli- citudes basadas en las disposiciones del Acta Final sobre contactos entre personas y de los demás documentos de la CSCE arriba mencionados se tramiten de modo conforme a esas disposiciones.
(5) Decidirán sobre las solicitudes relativas a las reuniones familiares de conformidad con el Acta Final y los demás documentos de la CSCE arriba mencionados, lo más rápidamente posible y nor- malmente dentro del plazo de un mes.
(6) De la misma manera, decidirán sobre las solicitudes relativas a la reunificación de familias o a los matrimonios entre ciudadanos de diferentes Estados, normalmente dentro del plazo de tres meses.
(7) Al tramitar favorablemente las solicitudes relativas a reuniones familiares, tendrán debida- mente en cuenta los deseos del solicitante, particularmente en lo que respecta a las fechas y a la suficiente duración de tales reuniones, así como a la posibilidad de viajar junto con otros miem- bros de su familia en el caso de reuniones familiares conjuntas.
(8) Al tramitar favorablemente las solicitudes relativas a reuniones familiares, permitirán también las visitas a y de parientes más lejanos.
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(9) Al tramitar favorablemente las solicitudes relativas a la reunificación de familias o a los matri- monios entre ciudadanos de diferentes Estados, respetarán los deseos de los solicitantes en cuanto al país de destino que esté dispuesto a aceptarlos.
(10) Prestarán especial atención a la solución de problemas referentes a la reunificación de hijos menores de edad con sus padres. En este contexto y sobre la base de las disposiciones pertinen- tes del Acta Final y de los demás documentos de la CSCE arriba mencionados, cuidarán de que • las solicitudes que en este sentido se presenten mientras el hijo sea menor de edad se tramiten favorable y diligentemente, a fin de efectuar sin demora la reunificación; y • se adopten disposiciones adecuadas para proteger los intereses y el bienestar de los hijos de que se trate.
(11) Considerarán el alcance posible de una reducción gradual y de una eventual supresión de las exigencias que puedan existir de que los viajeros adquieran moneda local en cantidad superior a los gastos reales, dando prioridad a las personas que viajen para celebrar reuniones familiares. Concederán a esas personas la posibilidad, en la práctica, de introducir o sacar, llevándolos con- sigo, objetos personales o regalos.
(12) Prestarán inmediata atención a las solicitudes relativas a viajes de carácter humanitario urgente y las tramitarán favorablemente conforme a lo siguiente: • decidirán al respecto en plazo no superior a tres días laborables, cuando se trate de solicitudes de visitas a un miembro de la familia gravemente enfermo o en trance de muerte, de viajes para asistir al funeral de un familiar o de viajes de personas cuya necesidad de tratamiento médico urgente haya sido probada o cuya enfermedad en fase crítica o terminal haya sido puesta de manifiesto. • decidirán al respecto lo más rápidamente posible, cuando se trate de solicitudes de viajes de per- sonas gravemente enfermas o de edad avanzada y de otros viajes de carácter humanitario urgente. • Intensificarán los esfuerzos de las autoridades locales, regionales y centrales que intervengan en la aplicación de lo dispuesto más arriba, y cuidarán de que las tasas cobradas para dar prioridad al examen de tales solicitudes no excedan de los gastos en que realmente se incurra con ese motivo.
(13) Al tramitar solicitudes de viaje para reuniones familiares, reunificación de familias o matri- monio entre ciudadanos de diferentes Estados, cuidará de que las acciones u omisiones de miem- bros de la familia del solicitante no afecten adversamente a los derechos del solicitante, tal como se establece en los instrumentos internacionales pertinentes.
(14) Cuidarán de que todos los documentos necesarios para las solicitudes relacionadas con las dis- posiciones sobre contactos entre personas, contenidas en el Acta Final y demás documentos de la CSCE arriba mencionados, sean fácilmente accesibles a los solicitantes. Los documentos conser- varán validez durante todo el procedimiento de solicitud. En casos de renovación de una solici- tud, se tomarán en consideración los documentos ya presentados por el solicitante para anteriores solicitudes.
(15) Simplificarán las prácticas y reducirán gradualmente los requisitos administrativos en el caso de las solicitudes relacionadas con las disposiciones sobre contactos entre personas del Acta Final y de los demás documentos de la CSCE arriba mencionados.
(16) En caso de que, por razones especificadas en los instrumentos internacionales pertinentes, se denieguen solicitudes basadas en las disposiciones sobre contactos entre personas del Acta Final y de los demás documentos de la CSCE arriba mencionados, cuidarán de que se dirija prontamente
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al solicitante una notificación oficial por escrito relativa a los motivos en que se base la decisión. Por lo general, y en todos los casos en que el solicitante así lo solicite, se facilitará a éste la información necesaria sobre el procedimiento a seguir para poder utilizar todos los recursos administrativos o judiciales disponibles contra la decisión, según lo previsto en los instrumentos internacionales arriba mencionados. En los casos en que se trate de las salidas del país con vistas al asentamiento definitivo en el extranjero, esa información se facilitará como parte de la notificación oficial arriba mencionada.
(17) En el caso de que se deniegue a una persona una solicitud individual de viaje al extranjero por razones de seguridad nacional, cuidarán de que, dentro de límites de tiempo estrictamente justificados, cualquier restricción al viaje de esa persona sea lo menor posible y no se aplique de manera arbitraria. También velarán por que el solicitante pueda obtener que se reexamine la soli- citud dentro de un plazo de seis meses y, de ser necesario, a intervalos regulares ulteriormente, a fin de que se tengan en cuenta cualesquiera cambios habidos en las circunstancias conducen- tes a la denegación como, por ejemplo, el tiempo transcurrido desde que el solicitante desempeñó trabajos o cometidos en que entraba en juego la seguridad nacional. A toda persona que haya de asumir dichos trabajos o cometidos, deberá primero notificársele oficialmente si ello puede afec- tar, y cómo, a las solicitudes que pudieran presentar para tales viajes.
(18) Dentro del plazo de un año a partir de la conclusión de la Reunión de Continuidad de Viena, publicarán y harán fácilmente accesibles en los casos en que aún no se haya hecho así, todas sus leyes y reglamentos relativos a los desplazamientos de personas en el interior de su territorio y a los viajes entre Estados.
(19 Al tramitar favorablemente las solicitudes basadas en las disposiciones del Acta Final sobre contactos entre personas y de los demás documentos de la CSCE arriba mencionados, cuidarán de que se tramiten a su debido tiempo con el fin, inter alia, de tener debidamente en cuenta con- sideraciones importantes de orden familiar, personal o profesional que tengan gran significación para el solicitante.
(20) Tramitarán favorablemente las solicitudes de viajes al extranjero sin distinción alguna de raza, color, sexo, idioma, religión, opinión política o de cualquier otra índole, origen nacional o social, posición económica, nacimiento, edad o cualquier otra condición. Cuidarán de que cual- quier denegación no afecte a las solicitudes presentadas por otras personas.
(21) Facilitarán en mayor medida los viajes, sobre una base individual o colectiva, por motivos personales o profesionales, o de turismo, tales como los viajes de delegaciones, grupos e indivi- duos. Con este fin, reducirán a un mínimo el tiempo destinado a considerar las solicitudes relati- vas a viajes de esa índole.
(22) Prestarán detallado examen a las propuestas encaminadas a concluir acuerdos sobre la conce- sión de visados de entrada múltiple y la mutua facilitación de las formalidades de tramitación de visados; asimismo, considerarán las posibilidades de abolición recíproca de los visados de entrada sobre la base de acuerdos entre ellos.
(23) Estudiarán su adhesión a los instrumentos multilaterales pertinentes, así como la conclusión, si procede, de acuerdos complementarios u otros acuerdos bilaterales, con el fin de mejorar los arreglos encaminados a asegurar una efectiva ayuda consular, jurídica y médica a los ciudadanos de otros Estados participantes temporalmente presentes en su territorio.
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(24) Tomarán todas las medidas necesarias para asegurar, donde aún no se haya hecho así, que los ciudadanos de otros Estados participantes temporalmente presentes en su territorio por razones personales o profesionales, inter alia, con el fin de participar en actividades culturales, científicas y educacionales, gocen de un grado adecuado de seguridad personal.
(25) Facilitarán y promoverán el establecimiento y el mantenimiento de contactos personales direc- tos entre sus ciudadanos, así como entre representantes de sus instituciones y organizaciones, por medio de viajes entre Estados y otros medios de comunicación.
(26) Facilitarán tales contactos y cooperación entre sus pueblos por medio de medidas tales como los intercambios deportivos directos a nivel local y regional, el establecimiento y aplicación sin tra- bas de hermanamientos entre ciudades e intercambios de estudiantes y personal docente.
(27) Alentarán el desarrollo de contactos directos entre jóvenes y entre organizaciones e institu- ciones juveniles y estudiantiles gubernamentales y no gubernamentales; la conclusión entre tales organizaciones de arreglos y programas bilaterales y multilaterales; y la realización, sobre bases bilaterales y multilaterales, de actos y actividades educacionales, culturales y de otra índole por y para la juventud.
(28) Realizarán adicionales esfuerzos para facilitar los viajes y el turismo de los jóvenes, inter alia, recomendando a sus autoridades ferroviarias afiliadas a la Unión Internacional de Ferrocarri- les (UIF) que amplíen el sistema interferroviario de modo que incluya todas sus redes europeas, y recomendando a las autoridades ferroviarias no pertenecientes a la UIF que estudien el estable- cimiento de similares prestaciones.
(29) De conformidad con el Convenio Postal Universal y el Convenio Internacional de Telecomu- nicaciones • garantizarán la libertad de tránsito de las comunicaciones postales; • asegurarán la entrega rápida y sin traba de la correspondencia, incluidos el correo personal y los paquetes; • respetarán el carácter privado y la integridad de las comunicaciones postales y telefónicas • asegurarán las condiciones necesarias para una rápida e ininterrumpida comunicación telefó- nica, incluidos el uso, donde ya exista, de sistemas automáticos de comunicación directa inter- nacional y el desarrollo de los mismos.
(30) Alentarán los contactos personales directos entre los ciudadanos de sus Estados, inter alia, facilitando los viajes individuales dentro de sus países y permitiendo a los extranjeros reunirse con sus ciudadanos, así como, cuando se les invite a ello, habitar en hogares privados.
(31) Asegurarán, en sus territorios, que el estatuto de la personas pertenecientes a minorías nacio- nales o culturas regionales sea igual al de otros ciudadanos en lo que respecta a los contactos entre personas, conforme al Acta Final y a los demás documentos de la CSCE arriba mencionados, y que dichas personas puedan establecer y mantener tales contactos mediante viajes y otros medios de comunicación, incluyendo contactos con ciudadanos de otros Estados con los que compartan un origen nacional y un patrimonio cultural comunes.
(32) Permitirán a los creyentes, a las confesiones religiosas y a sus representantes, en grupos o individualmente, establecer y mantener contactos personales directos y comunicación entre sí, en el suyo propio y en otros países, inter alia, mediante viajes, peregrinaciones y participación en reuniones y otros acontecimientos religiosos. En este contexto, y en la medida correspondiente
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a dichos contactos y acontecimientos, las personas interesadas podrán adquirir, recibir o llevar consigo publicaciones y objetos religiosos relacionados con la práctica de su religión o creencia.
(33) Los Estados participantes fueron informados de la Reunión de Expertos relativa a contactos humanos, celebrada en Berna del 15 de abril al 26 de mayo de 1986. Tomando nota de que en esa Reunión no se alcanzaron conclusiones, consideraron que la franqueza de los debates y el carác- ter más abierto de las deliberaciones constituyeron elementos positivos. A este respecto, señalaron la particular importancia del hecho de que las propuestas formuladas en la Reunión hayan sido objeto de ulterior consideración en la Reunión de Continuidad de Viena.
Información
(34) Los Estados participantes seguirán esforzándose en contribuir a un conocimiento y una com- prensión cada vez más amplios de la vida en sus Estados, promoviendo así la confianza entre los pueblos.
Fomentarán en mayor medida una difusión más libre y amplia de informaciones de toda índole, la cooperación en materia de información y la mejora de las condiciones de trabajo de los periodistas.
A este respecto, asegurarán, de conformidad con lo dispuesto en el Pacto Internacional de Derechos Civiles y Políticos, la Declaración Universal de Derechos Humanos y sus compromisos internacio- nales pertinentes relativos a la búsqueda, recepción y transmisión de toda clase de información, que toda persona pueda elegir libremente sus fuentes de información.
En este contexto: • cuidarán de que los servicios radiofónicos que operen conforme a las Normas Radiofónicas de la UIT puedan ser objeto de recepción directa y normal; y • permitirán que las personas, instituciones y organizaciones, siempre que respeten los derechos de propiedad intelectual, incluido el derecho de autor, obtengan, posean, reproduzcan y distri- buyan material de información de toda clase.
Con estos fines, eliminarán cuantas restricciones sean incompatibles con las obligaciones y los compromisos arriba mencionados.
(35) Aprovecharán todas las posibilidades que ofrecen los medios de comunicación modernos, incluso los de comunicación por cable y satélite, para incrementar la difusión más amplia y libre de informaciones de toda índole. Asimismo, alentarán la cooperación y los intercambios entre sus instituciones, organizaciones y expertos técnicos pertinentes, y se esforzarán por armonizar las normas y pautas técnicas correspondientes. Tendrán presentes los efectos de esos modernos siste- mas de comunicación sobre sus medios de comunicación de masas.
(36) Asegurarán en la práctica que puedan distribuirse libremente en sus territorios los boletines de información oficial que publiquen las misiones diplomáticas y otras misiones oficiales y con- sulados de los demás Estados participantes.
(37) Alentarán a las organizaciones de radio y televisión a que, sobre la base de acuerdos entre ellas, emitan en directo, especialmente en los países organizadores, programas y debates con participan- tes procedentes de diferentes Estados; y a que difundan declaraciones de personalidades políticas u otras de los Estados participantes, así como entrevistas con las mismas.
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(38) Alentarán a las organizaciones de radio y televisión a que informen sobre diferentes aspectos de la vida en otros Estados particip0ráctica que las personas, que pertenezcan a minorías nacio- nales o culturas regionales, residentes en sus territorios, puedan tener acceso a información en su lengua materna, y difundir e intercambiar esa información.
(39) Recordando que el legítimo ejercicio de la actividad profesional de los periodistas no debe exponerles a ser expulsados ni ser objeto de ninguna otra penalización, los Estados participantes se abstendrán de tomar medidas restrictivas tales como retirar a un periodista su acreditación o expulsarlo debido al contenido de sus informaciones o de las del medio de comunicación para el que trabaje.
(40) Cuidarán de que, en el ejercicio de esa actividad, los periodistas, incluidos los que represen- ten medios de comunicación de otros Estados participantes, tengan libre acceso a fuentes de infor- mación públicas y privadas y puedan mantener contactos con las mismas; y de que se respete su necesidad de confidencialidad profesional.
(41) Respetarán el derecho de autor de los periodistas.
(42) Sobre la base, en caso necesario, de arreglos entre ellos y con el fin de informar regularmente, concederán la acreditación cuando se requiera, así como visados de entrada múltiples, a los perio- distas de otros Estados participantes, cualesquiera que sea su domicilio. Sobre esta base, reduci- rán a no más de dos meses el plazo en que deben expedirse a los periodistas tanto la acreditación como los visados de entrada múltiples.
(43) Facilitarán la labor de los periodistas extranjeros suministrándoles, a petición suya, informa- ción pertinente sobre cuestiones de interés práctico, tales como normas de importación, impues- tos y alojamiento.
(44) Asegurarán que, una vez concedida la acreditación, si es que ésta se requiere, los periodistas extranjeros tengan acceso también a las conferencias oficiales de prensa y, según proceda, a otros acontecimientos informativos similares.
(45) Asegurarán en la práctica que las personas, que pertenezcan a minorías nacionales o culturas regionales, residentes en sus territorios, puedan tener acceso a información en su lengua materna, y difundir e intercambiar esa información. (…)
Cooperación e intercambio en material de cultura
(47) Promoverán y darán pleno efecto a su cooperación cultural por medio, inter alia, de la apli- cación de cualesquiera acuerdos bilaterales o multilaterales pertinentes concluidos entre ellos en los diversos campos de la cultura.
(48) Alentarán a las organizaciones no gubernamentales interesadas en el campo de la cultura a participar, juntamente con instituciones estatales, en la elaboración y aplicación de esos acuer- dos y de proyectos específicos, así como en la elaboración de medidas prácticas referentes a los intercambios y la cooperación culturales.
(49) Mediante acuerdo mutuo favorecerán el establecimiento en su propio territorio de institutos o centros culturales de otros Estados participantes. Se garantizará el libre acceso del público a tales institutos o centros, así como su normal funcionamiento.
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(50) Garantizarán el libre acceso del público a las manifestaciones culturales organizadas en su territorio por personas o instituciones pertenecientes a otros Estados participantes, y velarán por que los organizadores puedan hacer uso de todos los medios de que se disponga en el país invi- tante para dar publicidad a dichas manifestaciones.
(51) Facilitarán y estimularán los contactos personales directos en el campo de la cultura, tanto sobre una base individual como colectiva, entre instituciones culturales, asociaciones de artistas creadores o intérpretes y otras organizaciones, con el fin de incrementar las oportunidades de que sus ciudadanos conozcan directamente la labor creadora realizada en otros Estados participan- tes y la presentada por ellos.
(52) Asegurarán la circulación sin trabas de obras de arte y otros objetos culturales, con sujeción únicamente a las restricciones destinadas a proteger su patrimonio cultural, o que estén basadas en el respeto de los derechos de propiedad intelectual y artística, o resulten de sus compromisos internacionales relativos a la circulación de bienes culturales.
(53) Fomentarán la cooperación entre personas de diferentes Estados participantes dedicadas a acti- vidades culturales, así como sus actividades artísticas conjuntas; cuando proceda, facilitarán, con este fin, iniciativas específicas de tales personas, instituciones y organizaciones, y fomentarán la participación de los jóvenes en esas iniciativas. En este contexto, alentarán la celebración de reu- niones y simposios, exposiciones, festivales y giras de conjuntos o compañías, así como la realiza- ción de programas de investigación y capacitación en los que también puedan participar y hacer aportaciones libremente personas de los demás Estados participantes.
(54) La sustitución de personas o grupos invitados a participar en una actividad cultural consti- tuirá la excepción y necesitará la previa conformidad de la parte invitante.
(55) Estimularán la celebración de semanas cinematográficas que incluyan, cuando proceda, reu- niones de artistas y expertos y conferencias sobre el arte cinematográfico; facilitarán y alentarán los contactos directos entre directores y productores con el fin de coproducir filmes; fomentarán la cooperación para la protección de materiales cinematográficos y el intercambio de informacio- nes técnicas y de publicaciones sobre el cinema.
(56) Explorarán las posibilidades de computadorizar de forma normalizada y difundir bibliogra- fías y catálogos de obras y producciones culturales.
(57) Estimularán a los museos y galerías de arte a establecer vínculos directos entre sí con el fin, inter alia, de organizar exposiciones, incluidos los préstamos de obras de arte y el intercambio de catálogos.
(58) Renovarán sus esfuerzos para aplicar todas las disposiciones del Acta Final y del
Documento de Clausura de Madrid relativas a los idiomas menos difundidos. Asimismo, fomen- tarán iniciativas encaminadas a aumentar el número y mejorar la calidad de las traducciones de obras literarias de y a esos idiomas, en particular mediante la celebración de seminarios prácticos en que participen traductores, autores y editores, la publicación de diccionarios y, cuando proceda, el intercambio de traductores por medio de becas.
(59) Velarán por que las personas pertenecientes a minorías nacionales o culturas regionales existen- tes en su territorio puedan mantener y desarrollar su propia cultura en todos sus aspectos, incluidos el idioma, la literatura, la religión y la preservación de monumentos y objetos culturales e históricos.
50 Viena 1989
(…)
(61) Teniendo debidamente en cuenta la originalidad y diversidad de sus respectivas culturas, alen- tarán los esfuerzos encaminados a explorar características comunes de sus patrimonios cultura- les y a estimular una mayor toma de conciencia de los mismos. Por consiguiente, promoverán las iniciativas que puedan contribuir a un mejor conocimiento del patrimonio cultural, en todas sus formas, de los demás Estados participantes, incluidas las variantes regionales y el arte folklórico. (…)
Cooperación e intercambio en materia de educación
(63) Los Estados participantes garantizarán el acceso de todos a los diversos tipos y niveles de educación, sin discriminación alguna por motivos de raza, color, sexo, idioma, religión, opinión política o de cualquier otra índole, origen nacional o social, posición económica, nacimiento o cualquier otra condición.
(64) A fin de fomentar una más amplia cooperación en los campos de la ciencia y la educación, los Estados participantes facilitarán la comunicación sin trabas entre universidades y otras insti- tuciones de educación superior y de investigación. Asimismo, facilitarán los contactos personales directos, incluidos los contactos por medio de viajes entre estudiosos, científicos y otras persona- lidades activas en dichos campos.
(65) Garantizarán asimismo el acceso sin trabas de los estudiosos, profesores y estudiantes de los demás Estados participantes a los materiales informativos no reservados existentes en archivos públicos, bibliotecas, institutos de investigación y entidades similares.
(66) Facilitarán los intercambios de escolares entre sus países sobre la base de acuerdos bilatera- les, cuando sea necesario, incluyendo reuniones con familias del país de recepción y estancias en los hogares de éstas, con el fin de que los escolares se familiaricen con el modo de vida, las tradi- ciones y la educación en otros Estados participantes.
(67) Alentarán a sus organismos gubernamentales o instituciones docentes pertinentes a que inclu- yan, según proceda, el Acta Final, en su totalidad, en los planes de estudios de escuelas y univer- sidades.
(68) Garantizarán que las personas pertenecientes a minorías nacionales o culturas regionales existentes en su territorio puedan impartir o recibir instrucción sobre su propia cultura, inclu- sive por medio de la transmisión de padres a hijos del idioma, la religión y la identidad cultural.
(69) Estimularán a sus organizaciones de radio y televisión a que se informen entre sí acerca de los programas educativos que producen y que estudien el intercambio de tales programas.
(70) Estimularán la cooperación y los contactos directos entre las instituciones y organizaciones oficiales pertinentes en el campo de la educación y de la ciencia.
(71) Estimularán nuevos contactos y cooperación entre instituciones especializadas y expertos en el campo de la educación y rehabilitación de los niños minusválidos.
51 Viena 1989
Dimensión humana de la CSCE
Los Estados participantes,
Recordando las obligaciones contraídas en el Acta Final y en otros documentos de la CSCE, rela- tivas al respeto de todos los derechos humanos y libertades fundamentales, así como a los contac- tos entre personas y otras cuestiones humanitarias,
Reconociendo la necesidad de mejorar el cumplimiento de sus compromisos contraídos en el marco de la CSCE y su cooperación en estas materias, que se denominarán en lo sucesivo «dimensión humana de la CSCE»,
Han decidido, sobre la base de los principios y disposiciones del Acta Final y de otros documen- tos pertinentes de la CSCE, lo siguiente:
1. intercambiar información sobre cuestiones relativas a la dimensión humana de la CSCE y res- ponder a las peticiones de información y a las representaciones que sobre esas cuestiones les diri- jan otros Estados participantes. Tales comunicaciones podrán transmitirse por vía diplomática o dirigirse al organismo que para tales funciones se pueda designar;
2. celebrar con otros Estados participantes que lo soliciten reuniones bilaterales, con el fin de exa- minar cuestiones relativas a la dimensión humana de la CSCE, incluidos situaciones y casos espe- cíficos, con miras a resolverlos. La fecha y lugar de tales reuniones se decidirán mediante acuerdo mutuo por vía diplomática;
3. que cualquier Estado participante pueda señalar a la atención de otros Estados participantes, si se estima necesario, por vía diplomática, situaciones y casos pertenecientes al ámbito de la dimen- sión humana de la CSCE, incluidos los que se hayan suscitado en las reuniones bilaterales descri- tas en el párrafo 2;
4. que cualquier Estado participante pueda informar, si se estima necesario, a las reuniones de la Conferencia sobre la Dimensión Humana y a las reuniones principales de continuidad de la CSCE, sobre los intercambios de información y las respuestas a sus peticiones de información y a las representaciones (párrafo 1), así como sobre los resultados de las reuniones bilaterales (párrafo 2), incluida información sobre situaciones y casos específicos. (…)
52 Informe de la Reunión sobre la Protección del Medio Ambiente Sofía 1989 (Viena 1990)
(…)
Los Estados participantes reafirman su respeto del derecho de las personas, grupos y organizacio- nes interesados por las cuestiones ambientales de expresar libremente sus puntos de vista, de aso- ciarse con otros, de reunirse pacíficamente, así como de obtener, publicar y distribuir información sobre dichas cuestiones sin impedimentos jurídicos ni administrativos, contrarios a las disposicio- nes de la CSCE. Esas personas, grupos y organizaciones tienen el derecho de participar en debates públicos sobre cuestiones medioambientales, así como de establecer y mantener contactos direc- tos e independientes a nivel nacional e internacional.
53 Documento de la Conferencia de Bonn sobre Cooperación Económica en Europa Bonn 1990
(…) los Estados participantes,
Reconociendo la relación entre el pluralismo político y las economías de mercado y estando obli- gados por los principios de: • Democracia pluripartidista basada en elecciones libres, periódicas y genuinas; • Imperio de la ley e igual protección con arreglo a la ley para todos, basada en el respeto de los derechos humanos y la existencia de sistemas jurídicos efectivos, accesibles y justos; • Actividad económica que, en consecuencia, apoye la dignidad humana y no incluya trabajo for- zoso, discriminación contra los trabajadores por motivos de raza, sexo, lengua, opiniones políti- cas o religión, y negación de los derechos de los trabajadores a establecer libremente sindicatos independientes o afiliarse a ellos,
Favorecerán el logro o mantenimiento de lo siguiente: (…) • Políticas que fomenten la justicia social y mejoren las condiciones de vida y de trabajo; (…) • Pleno reconocimiento y protección de todos los tipos de propiedad, incluida la propiedad pri- vada y el derecho de los ciudadanos a poseerla y utilizarla, así como del derecho de propiedad intelectual; • Derecho a una compensación rápida, justa y efectiva en el caso de que la propiedad pase a ser de uso público;
54 Documento de la reunión de Copenhague de la conferencia sobre la dimensión humana de la CSCE Copenhague 1990
(…)
Los Estados participantes acogen con gran satisfacción los cambios políticos fundamentales que han tenido lugar en Europa desde la primera Reunión de la Conferencia sobre la Dimensión Humana de la CSCE, celebrada en París, en 1989. Señalan que el proceso de la CSCE ha contribuido de manera significativa a producir esos cambios y que, a su vez, esa evolución, ha contribuido grandemente a la aplicación de las disposiciones del Acta Final y demás documentos de la CSCE.
Los Estados participantes reconocen que una democracia pluralista y el Estado de Derecho son esenciales para garantizar el respeto de todos los derechos humanos y libertades fundamentales, el desarrollo de los contactos entre personas y la solución de otras cuestiones conexas de carác- ter humanitario. Por consiguiente, acogen con satisfacción el compromiso manifestado por todos los Estados participantes de favorecer los ideales de democracia y de pluralismo político, así como su determinación común de edificar sociedades democráticas basadas en elecciones libres y en el Estado de Derecho.
En la Reunión de Copenhague, los Estados participantes efectuaron un examen del cumplimiento de sus compromisos en el campo de la dimensión humana. Consideraron que el grado de aplicación de los compromisos contenidos en las disposiciones pertinentes de los documentos de la CSCE ha mostrado mejoras fundamentales desde la Reunión de París. Sin embargo, expresaron también la opinión de que son necesarias nuevas medidas para lograr la plena realización de sus compromi- sos en materia de dimensión humana.
Los Estados participantes expresan su convicción de que el pleno respeto de los derechos humanos y de las libertades fundamentales y el desarrollo de sociedades basadas en una democracia plu- ralista y en el Estado de Derecho son requisitos previos para progresar hacia la instauración del orden de paz, seguridad, justicia y cooperación duraderas que tratan de establecer en Europa. Por consiguiente, reafirman su compromiso de cumplir plenamente todas las disposiciones del Acta Final y demás documentos de la CSCE relativos a la dimensión humana y tratar de avanzar sobre la base de los progresos realizados.
Reconocen que la cooperación entre ellos, así como la activa participación de personas, grupos, organizaciones e instituciones es esencial para garantizar continuos progresos hacia el logro de sus objetivos comunes.
Con el fin de fortalecer el respeto y disfrute de los derechos humanos y las libertades fundamen- tales, de desarrollar los contactos entre personas y de solucionar las cuestiones conexas de carác- ter humanitario, los Estados participantes acuerdan lo siguiente:
55 Copenhague 1990
I
(1) Los Estados participantes expresan su convicción de que la protección y promoción de los dere- chos humanos y las libertades fundamentales es uno de los propósitos básicos de gobierno, y reafir- man que el reconocimiento de esos derechos y libertades es la base de la libertad, la justicia y la paz.
(2) Están determinados a apoyar y desarrollar tales principios de justicia que constituyen la base del Estado de Derecho. Consideran que el Estado de Derecho no significa simplemente una lega- lidad formal que, destinada a asegurar la regularidad y la coherencia en la instauración y la apli- cación del orden democrático, sino por encima de todo la justicia fundada en el reconocimiento y la plena aceptación del valor supremo de la persona humana garantizado por instituciones que ofrecen un marco para su más completa expresión.
(3) Reafirman que la democracia es un elemento inherente al Estado de Derecho. Reconocen la importancia que reviste el pluralismo en relación con las organizaciones políticas.
(4) Confirman que respetarán el derecho de cada uno de ellos a elegir y desarrollar libremente, de conformidad con las normas Internacionales de derechos humanos, sus sistemas civiles, políti- cos, sociales, económicos y culturales. En el ejercicio de ese derecho, garantizarán que sus leyes, reglamentos, prácticas y políticas se ajusten a sus obligaciones según el derecho internacional y se armonicen con las disposiciones de la Declaración de Principios y otros compromisos contraídos en el marco de la CSCE.
(5) Declaran solemnemente que entre los elementos de justicia que son esenciales para la plena expresión de la dignidad inherente y de los derechos iguales e inalienables de todos los seres huma- nos figuran los siguientes: (5.1) – elecciones libres que se celebrarán a intervalos razonables por votación secreta o por un proceso equivalente de votación libre, en condiciones que aseguren, en la práctica, la libre expre- sión de la opinión de los electores en la elección de sus representantes; (5.2) – una forma de gobierno de carácter representativo, en la que el poder ejecutivo sea respon- sable ante la legislatura elegida o el electorado; (5.3) – el deber del gobierno y de las autoridades públicas de cumplir con la Constitución y de actuar de una manera compatible con la ley; (5.4) – una clara separación entre el Estado y los partidos políticos; en particular, los partidos polí- ticos no se fusionarán con el Estado; (5.5) – las actividades del gobierno y de la administración, así como las de las autoridades judicia- les, se ejercerán conforme al régimen establecido por la ley. Se garantizará el respeto de ese sistema; (5.6) – las fuerzas militares y la policía estarán bajo el control de las autoridades civiles, y serán responsables ante ellas; (5.7) – derechos humanos y libertades fundamentales serán garantizadas por la ley y habrán de conformarse a sus obligaciones en virtud del derecho internacional; (5.8) – las leyes adoptadas al término de un procedimiento público, y los reglamentos serán objeto de una publicación, que es la condición de su aplicabilidad. Esos textos serán accesibles a todos; (5.9) – todas las personas son iguales ante la ley y tienen derecho, sin ninguna discriminación, a una protección igual por parte de la ley. A este respecto, la ley prohibirá cualquier discrimina- ción y garantizará a todas las personas una protección igual y efectiva contra discriminaciones por cualquier motivo;
56 Copenhague 1990
(5.10) – toda persona dispondrá de un recurso efectivo de reparación contra las decisiones adminis- trativas, a fin de garantizar el respeto de los derechos fundamentales y asegurar la integridad jurídica; (5.11) – las decisiones administrativas contra una persona deberán ser plenamente justificables y se deberá indicar en ellas, como norma, los recursos disponibles habituales; (5.12) – deberá asegurarse la independencia de los jueces y el funcionamiento imparcial del ser- vicio judicial público; (5.13) – la independencia de los abogados será reconocida y protegida, especialmente en lo que se refiere a las condiciones de contratación y de ejercicio de la profesión; (5.14) – las normas relativas al procedimiento penal incluirán una definición clara de las compe- tencias por lo que se refiere a los enjuiciamientos y las medidas que precedan y acompañen dichos enjuiciamientos; (5.15) – toda persona arrestada o detenida por una acusación penal tendrá derecho, hasta que se decida la legalidad de su arresto o detención, a ser llevada inmediatamente ante un juez u otro funcionario autorizado por la ley para ejercer esa función; (5.16) – en la determinación de cualquier acusación penal contra ella o de sus derechos y obliga- ciones en un proceso legal, toda persona tendrá derecho a un juicio justo y público por parte de un tribunal competente, independiente e imparcial, establecido por la ley; (5.17) – toda persona enjuiciada tendrá derecho a defenderse personalmente o a ser asistida inme- diatamente por un defensor de su propia elección o, si careciera de medios suficientes para pagar la asistencia legal, se le suministrará tal asistencia gratuitamente cuando los intereses de la justi- cia así lo requieran; (5.18) – nadie será acusado, juzgado o condenado por un delito penal cualquiera, salvo que tal delito esté establecido por una ley que defina los elementos del delito con claridad y precisión; (5.19) – toda persona será considerada inocente hasta que se pruebe su culpabilidad conforme a la ley; (5.20) – habida cuenta de la importante contribución de los instrumentos internacionales en el campo de los derechos humanos al Estado de Derecho a nivel nacional, los Estados participantes reafirman que estudiarán la manera de adherirse, si aún no lo hubieran hecho, al Pacto Interna- cional de Derechos Civiles y Políticos, al Pacto Internacional de Derechos Económicos, Sociales y Culturales y a otros instrumentos internacionales pertinentes; (5.21) – a fin de complementar los recursos internos y de garantizar mejor el respeto por parte de los Estados participantes de las obligaciones internacionales por ellos asumidas, los Estados par- ticipantes estudiarán la manera de adherirse a una convención internacional de carácter regional o universal relativa a la protección de los derechos humanos, tal como el Convenio Europeo sobre Derechos Humanos o el Protocolo Facultativo del Pacto Internacional de Derechos Civiles y Polí- ticos, que prevén procedimientos de recurso individual ante instancias internacionales.
(6) Los Estados participantes declaran que la voluntad de los pueblos, libre y claramente manifes- tada mediante elecciones periódicas y auténticas, es la base de la autoridad y legitimidad de todo gobierno. Por consiguiente, los Estados participantes respetarán el derecho de sus ciudadanos a par- ticipar en el gobierno de su país, ya sea directamente o por conducto de representantes libremente elegidos por ellos mediante un proceso electoral justo. Reconocen su responsabilidad para defen- der y proteger, de conformidad con sus leyes, sus obligaciones y sus compromisos internaciona- les en materia de derechos humanos, el orden democrático libremente establecido por la voluntad del pueblo contra las actividades de personas, grupos u organizaciones que participen en actos de terrorismo o de violencia encaminados a derrocar ese orden o el de otro Estado participante o se nieguen a renunciar a ellos.
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(7) Para garantizar que la voluntad del pueblo sirva de base para la autoridad del Gobierno, los Estados participantes: (7.1) – celebrarán elecciones libres a intervalos razonables, en las condiciones que establezca la ley; (7.2) – permitirán que todos los escaños de por lo menos de una de las cámaras de la legislatura nacional sean cubiertos libremente por votación popular; (7.3) – garantizarán el sufragio universal e igual a todos los ciudadanos adultos; (7.4) – garantizarán que las elecciones sean por votación secreta o por algún proceso equivalente de votación libre y que los votos sean contados y registrados limpiamente, dando a conocer al público los resultados oficiales; (7.5) – respetarán el derecho de los ciudadanos a aspirar a puestos políticos o cargos públicos elec- tivos, individualmente o como representantes de partidos u organizaciones políticas, sin discri- minación; (7.6) – respetarán el derecho de las personas y grupos a establecer, en plena libertad, sus propios partidos políticos u otras organizaciones políticas y facilitarán a esos partidos y organizaciones políticas las garantías jurídicas necesarias para permitirles competir sobre una base de igual trato ante la ley y por parte de las autoridades; (7.7) – garantizarán que la ley y la política oficial estén orientadas a permitir que la campaña polí- tica se lleve a cabo dentro de una atmósfera imparcial y libre en la que no haya acciones adminis- trativas, violencia ni intimidación que impidan a los partidos y a los candidatos exponer libremente sus puntos de vista y valoraciones, o impidan a los electores conocerlas y discutirlas o dar su voto sin miedo a represalias; (7.8) – procurarán que no haya obstáculo jurídico o administrativo que impida el libre acceso a los grandes medios de información sobre una base no discriminatoria para todos los grupos políticos y personas que deseen participar en el proceso electoral; (7.9) – garantizarán que los candidatos que obtengan el necesario número de votos exigido por la ley ocupen debidamente sus puestos y que se les permita permanecer en ellos hasta que expire el plazo de su mandato o se termine éste de un modo dispuesto por la ley, en conformidad con pro- cedimientos democráticos parlamentarios y constitucionales.
(8) Estados participantes consideran que la presencia de observadores, ya sean extranjeros o nacionales, puede realzar el proceso electoral de los Estados en que se celebren elecciones. Por consiguiente, permitirán a observadores de otros Estados participantes de la CSCE, así como a instituciones y organizaciones privadas adecuadas que lo deseen, observar el curso de sus pro- cesos electorales nacionales, en la medida permitida por la ley. Asimismo, contribuirán a facilitar un acceso similar a los procesos electorales de nivel inferior al nacional. Dichos observadores no interferirán en los procesos electorales.
II
(9) Estados participantes reafirman que (9.1) – toda persona tiene derecho a la libertad de expresión, incluido el derecho a la información. Este derecho incluirá la libertad de expresar opiniones y de recibir y comunicar informaciones e ideas sin injerencia por parte de las autoridades públicas y sin consideración de fronteras. El ejer- cicio de este derecho no estará sujeto más que a las limitaciones prescritas por la ley, que sean compatibles con las normas internacionales. En particular, no se impondrá limitación alguna al acceso y a la utilización de los medios materiales de reproducción de documentos de cualquier
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índole, aunque respetando, sin embargo, los derechos relativos a la propiedad intelectual, incluido el derecho de autor; (9.2) – toda persona tendrá el derecho de reunión y de manifestación pacíficas. Cualquier restric- ción que pueda imponerse al ejercicio de esos derechos será prescrita por la ley y habrá de ajus- tarse a las normas internacionales; (9.3) – se garantizará el derecho de asociación. Se garantizará el derecho a crear un sindicato y -con sujeción al derecho general de los sindicatos de determinar sus propias condiciones de adhesión- de adherirse libremente al mismo. Estos derechos excluirán todo control previo. Se garantizará la libertad de asociación de los trabajadores, inclusive el derecho de huelga, con sujeción a las limi- taciones prescritas por la ley y que sea compatible con las normas internacionales; (9.4) – toda persona tendrá derecho a la libertad de pensamiento, conciencia y religión. Este derecho comprende la libertad de cambiar su propia religión o creencia, de manifestar su propia religión o creencia, individual o colectivamente, en público o en privado, mediante el culto, la enseñanza, la práctica y la celebración de ritos. El ejercicio de tales derechos sólo estará sujeto a las limitaciones previstas por la ley que sean compatibles con las normas internacionales; (9.5) – respetarán el derecho de toda persona a salir libremente de cualquier país, incluso del pro- pio y de regresar a su país, de conformidad con las obligaciones internacionales de un Estado y los compromisos de la CSCE. Las limitaciones a este derecho tendrán carácter muy excepcional y sólo serán consideradas necesarias si responden a una necesidad pública determinada, prosiguen un objetivo legítimo y están en consonancia con dicho objetivo y no se aplicarán de manera arbitraria; (9.6) – cada persona tendrá derecho de gozar en paz de su propiedad, individualmente o en aso- ciación con otras. Nadie podrá ser privado de su propiedad salvo por motivos de interés público y con sujeción a condiciones previstas por la ley que sean compatibles con los compromisos y obli- gaciones internacionales.
(10) Al reafirmar su compromiso de garantizar efectivamente los derechos de la persona a conocer y actuar de conformidad con sus derechos y libertades fundamentales y a contribuir activamente, individualmente o en asociación con otros, a su promoción y protección, los Estados participan- tes expresan su compromiso de: (10.1) – respetar el derecho de cada persona, indivualmente o en asociación con otros, de recabar, recibir y difundir libremente opiniones e información sobre derechos humanos y libertades fun- damentales, inclusive los derechos de divulgar y publicar tales opiniones e información; (10.2) – respetar el derecho de cada persona, individualmente o en asociación con otros, a estu- diar o debatir la observancia de los derechos humanos y de las libertades fundamentales y a ela- borar y debatir ideas para el mejoramiento de la protección de los derechos humanos y buscar mejores medios de garantizar el cumplimiento de las normas internacionales relativas a los dere- chos humanos; (10.3) – velar por que cada persona pueda ejercer el derecho de asociación, inclusive el de crear organizaciones no gubernamentales que se esfuerzan por promover y proteger los derechos huma- nos y las libertades fundamentales, con inclusión de sindicatos y de grupos de vigilancia de los derechos humanos, así como el derecho de adherirse a esas organizaciones y de participar efec- tivamente en ellas; (10.4) – permitir a los miembros de esos grupos y organizaciones el libre acceso a organismos simi- lares, dentro y fuera de sus países, y entrar en comunicación con ellos, así como con organizaciones internacionales, para iniciar intercambios, contactos y cooperaración con dichos grupos y organi- zaciones, y solicitar, recibir y utilizar contribuciones financieras voluntarias de fuentes nacionales e internacionales, con el propósito de promover y proteger los derechos humanos y las libertades fundamentales, tal como dispone la ley.
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(11) Estados participantes afirman asimismo que, donde se aleguen violaciones de los derechos humanos y de las libertades fundamentales, los recursos efectivos disponibles incluirán (11.1) – el derecho de la persona a recabar y recibir asistencia jurídica adecuada; (11.2) – el derecho de la persona a recabar y recibir asistencia de otras personas para defender los derechos humanos y las libertades fundamentales, y para asistir a otros en la defensa de los dere- chos humanos y de las libertades fundamentales; (11.3) – el derecho de las personas o grupos que actúen en su nombre, a entrar en comunicación con organismos internacionales facultados para recibir y examinar la información relativa a ale- gaciones de violaciones de los derechos humanos.
(12) Los Estados participantes, deseando asegurar una mayor transparencia en el cumplimiento de los compromisos contraidos en virtud de la sección relativa a la dimensión humana de la CSCE, que figura en el Documento de Clausura de Viena, deciden aceptar como medida para fomentar la confianza la presencia de observadores enviados por los Estados participantes y de representan- tes de organizaciones no gubernamentales y otras personas interesadas en las actuaciones ante los tribunales, conforme a lo previsto en la legislación nacional y en el derecho internacional; queda entendido que las actuaciones sólo podrán celebrarse in camera en las circunstancias prescritas por la ley y que sean compatibles con las obligaciones contraidas en virtud del derecho interna- cional y de los compromisos internacionales.
(13) Los Estados participantes deciden prestar particular atención al reconocimiento de los dere- chos del niño, sus derechos civiles y sus libertades individuales, sus derechos económicos, sociales y culturales y su derecho a una protección especial contra todas las formas de violencia y explo- tación. Los Estados participantes examinarán la posibilidad de adherirse a la Convención sobre los Derechos del Niño, caso de que no lo hayan hecho todavía, que quedó abierta a la firma de los Estados el 26 de enero de 1990. Reconocerán, en sus legislaciones nacionales, los derechos del niño tal como se enuncian en los acuerdos internacionales de los que son parte.
(14) Los Estados participantes convienen en fomentar, dentro de sus países, la creación de condi- ciones para capacitar estudiantes y cursillistas de otros Estados participantes, incluidas personas que siguen cursos profesionales y técnicos. Asimismo, convienen en promover los viajes de los jóve- nes de sus países con miras a seguir cursos de enseñanza en otros Estados participantes y, a tal fin, alientan la conclusión, si procede, de acuerdos bilaterales y multilaterales entre sus instituciones gubernamentales, organizaciones y establecimientos educativos pertinentes.
(15) Los Estados participantes facilitarán el traslado de personas condenadas, y alentarán a los Estados participantes, que aún no sean partes de la Convención sobre el traslado de personas condenadas, firmada en Estrasburgo el 21 de noviembre de 1983, a que estudien la posibilidad de adherirse a dicha convención.
(16) Los Estados participantes (16.1) – reafirman su compromiso de prohibir el uso de la tortura y otros tratos o penas crueles, inhumanos o degradantes y de tomar efectivas medidas legislativas, administrativas, judiciales y de otra índole para prevenir y castigar tales prácticas, para proteger a las personas contra toda prác- tica psiquiátrica y otras prácticas médicas que violen los derechos humanos y las libertades fun- damentales y tomar medidas efectivas para impedir y castigar dichas prácticas; (16.2) – intentarán examinar, como asunto urgente, la posibilidad de adherirse a la Convención con- tra la Tortura y otros Tratos o Penas Crueles, Inhumanos o Degradantes, si aún no lo han hecho,
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y de reconocer la competencia del Comité contra la Tortura en virtud de los artículos 21 y 22 de la Convención, y de retirar las reservas relativas a la competencia del Comité en virtud del artículo 20; (16.3) – subrayan que no podrá invocarse como justificación para la tortura circunstancia excep- cional alguna, estado de guerra o amenaza de guerra, inestabilidad política interna o cualquier otra emergencia pública; (16.4) – velarán por que la educación y la información relativas a la prohibición del uso de la tor- tura se incluyan plenamente en la capacitación del personal encargado de la aplicación de las leyes, personal civil o militar, personal médico, funcionarios públicos y otras personas que pudieran par- ticipar en la custodia, interrogatorio o trato de toda persona sujeta a cualquier forma de arresto, detención o prisión; (16.5) – examinarán sistemáticamente las normas, instrucciones, métodos y prácticas relativas a los interrogatorios, así como las disposiciones relativas a la custodia y trato dado a las personas sometidas a cualquier forma de arresto, detención o prisión en cualquier territorio de su jurisdic- ción, con miras a impedir todo caso de tortura; (16.6) – examinarán con carácter prioritario, de conformidad con las disposiciones y procedi- mientos convenidos para el cumplimiento efectivo de los compromisos relativos a la dimensión humana de la CSCE, cualquier caso de tortura y otras prácticas o castigos crueles, inhumanos o degradantes que se les señale por vías oficiales o cualquier otra fuente de información fidedigna, y adoptarán las medidas pertinentes; (16.7) – actuarán en el entendimiento de que la protección y la garantía de la vida y de la seguri- dad de cualquier persona o personas sometidas a cualquier forma de tortura y otras prácticas o castigos crueles, inhumanos o degradantes ha de ser el único criterio para determinar la urgen- cia y las prioridades cuando se trate de tomar medidas de reparación apropiadas y, en consecuen- cia, el examen de cualquier caso de tortura y de otras prácticas o castigos crueles, inhumanos o degradantes dentro del marco de cualquier otro órgano o mecanismo internacional, no podrá ser invocado como razón para dejar de examinar y de adoptar las medidas apropiadas, de conformi- dad con las disposiciones y procedimientos convenidos para el cumplimiento efectivo de los com- promisos relativos a la dimensión humana de la CSCE.
(17) Los Estados participantes (17.1) – recuerdan su compromiso, enunciado en el Documento de Clausura de Viena, de que la cuestión de la pena de muerte siga siendo objeto de consideración, y de cooperar con las organi- zaciones internacionales pertinentes. (17.2) – recuerdan, en este contexto, la adopción por la Asamblea General de las Naciones Unidas, el 15 de diciembre de 1989, del Segundo Protocolo Facultativo del Pacto Internacional de Dere- chos Civiles y Políticos encaminado a abolir la pena de muerte; (17.3) – toman nota de las restricciones y salvaguardias relativas a la aplicación de la pena de muerte adoptadas por la comunidad internacional, en particular, el artículo 6 del Pacto Internacional de Derechos Civiles y Políticos; (17.4) – toman nota de las disposiciones del Sexto Protocolo del Convenio Europeo para la Pro- tección de los Derechos Humanos y de las Libertades Fundamentales relativo a la abolición de la pena de muerte; (17.5) – toman nota de las recientes medidas adoptadas por varios Estados participantes con miras a abolir la pena capital; (17.6) – toman nota de las actividades de varias organizaciones no gubernamentales sobre la cues- tión de la pena de muerte;
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(17.7) – efectuarán intercambios de información, en el marco de la Conferencia sobre la Dimen- sión Humana, acerca de la cuestión de la abolición de la pena de muerte y mantendrán dicha cues- tión en consideración; (17.8) – facilitarán al público información relativa a la aplicación de la pena de muerte.
(18) Los Estados participantes (18.1) – toman nota de que la Comisión de Derechos Humanos de las Naciones Unidas ha recono- cido el derecho de toda persona a formular objeciones de conciencia al servicio militar; (18.2) – toman nota de las recientes medidas adoptadas por varios Estados participantes para per- mitir la exención del servicio militar obligatorio sobre la base de objeciones de conciencia; (18.3) – toman nota de las actividades de varias organizaciones no gubernamentales sobre la cues- tión de la objeción de conciencia al servicio militar obligatorio; (18.4) – convienen en considerar la posiblidad de introducir, donde no se ha hecho todavía, otras formas de servicio, compatibles con las razones de la objeción de conciencia; en principio, dichas formas de servicio serían de carácter no bélico o civil, en interés público y de índole no punitiva; (18.5) – facilitarán al público información sobre esta cuestión; (18.6) – mantendrán en examen, dentro del marco de la Conferencia sobre la Dimensión Humana, cuestiones pertinentes relacionadas con la exención del servicio militar obligatorio, donde exista, sobre la base de objeciones de conciencia al servicio de las armas, e intercambiarán información sobre tales cuestiones.
(19) Estados participantes afirman que la mayor libertad de movimiento y los contactos entre sus ciudadanos son importantes en el contexto de la protección y la promoción de los derechos huma- nos y de las libertades fundamentales. Velarán por que sus políticas relativas a la entrada en sus territorios sean plenamente compatibles con los objetivos enunciados en las disposiciones pertinen- tes del Acta Final, del Documento de Clausura de Madrid y del Documento de Clausura de Viena. Reafirman su determinación de no apartarse de los compromisos enunciados en los documentos de la CSCE, y se comprometen a cumplir plenamente y a mejorar los presentes compromisos en la esfera de los contactos humanos, inclusive sobre una base bilateral y multilateral. En este contexto (19.1) – tratarán de aplicar, de buena fe y sin demoras injustificadas, los procedimientos relativos a la entrada en sus territorios, inclusive la concesión de visados, control de pasaportes y de adua- nas. Cuando proceda, reducirán el tiempo de espera de las decisiones relativas a la concesión de visados, y también simplificarán las prácticas y reducirán los requisitos administrativos relativos a las solicitudes de visado; (19.2) – al tramitar las solicitudes de visados, velarán por que éstas sean tramitadas lo antes posible con objeto, entre otras cosas, de tomar debidamente en cuenta consideraciones importantes fami- liares, personales o profesionales, especialmente en los casos urgentes de carácter humanitario; (19.3) – tratarán de reducir, cuando proceda, los derechos relativos a las solicitudes de visado al nivel más bajo posible.
(20) Los Estados participantes interesados celebrarán consultas y, cuando proceda, cooperarán al tratar de problemas que pudieran surgir como consecuencia del incremento del movimiento de personas. (…)
(22) Los Estados participantes reafirman que la protección y la promoción de los derechos de los trabajadores migrantes tienen dimensión humana. En este contexto
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(22.1) – convienen en que la protección y promoción de los derechos de los trabajadores migran- tes constituyen una preocupación de todos los Estados participantes y que como tal deben exami- narse dentro del proceso de la CSCE; (22.2) – reafirman su compromiso de incorporar plenamente en su legislación nacional los dere- chos de los trabajadores migrantes previstos en los acuerdos internacionales de los que son parte; (22.3) – consideran que, en futuros instrumentos internacionales relativos a los derechos de los trabajadores migrantes, deberían tomarse en cuenta el hecho de que esta cuestión reviste impor- tancia para todos ellos; (22.4) – expresan su disposición de examinar, en futuras reuniones de la CSCE, los aspectos per- tinentes de la ulterior promoción de los derechos de los trabajadores migrantes y de sus familias.
(23) Estados participantes reafirman su convicción, expresada en el Documento de Clausura de Viena, de que la promoción de los derechos económicos, sociales y culturales es, así como la de los derechos civiles y políticos, de suprema importancia para la dignidad humana y para la con- secución de las legítimas aspiraciones de toda persona. También reafirman su compromiso, que figura en el Documento de la Conferencia de Bonn sobre Cooperación Económica en Europa, res- pecto de la promoción de la justicia social y la mejora de las condiciones de vida y de trabajo. En el contexto de los constantes esfuerzos que despliegan con miras a lograr progresivamente, por todos los medios apropiados, la plena realización de los derechos económicos, sociales y cultura- les, prestarán especial atención a los problemas en las esferas del empleo, la vivienda, la seguridad social, la salud, la educación y la cultura.
(24) Estados participantes velarán por que el ejercicio de todos los derechos humanos y las liberta- des fundamentales, tal como se describe anteriormente, no esté sujeto a ninguna restricción, salvo a las previstas por la ley y sean compatibles con sus obligaciones en virtud del derecho internacio- nal, en particular, del Pacto Internacional de Derechos Civiles y Políticos, y con sus compromisos internacionales, en particular, con la Declaración Universal de Derechos Humanos. Estas restric- ciones revisten carácter de excepciones. Los Estados participantes velarán por que esas restriccio- nes no se presten a abusos y que no se apliquen arbitrariamente, sino de manera que se garantice el ejercicio efectivo de esos derechos. Estados participantes confirman que toda derogación de las obligaciones relativas a los derechos humanos y a las libertades fundamentales durante un estado de emergencia pública debe quedar estrictamente dentro de los límites estipulados por el derecho.
(25) Estados participantes confirman que toda derogación de las obligaciones relativas a los dere- chos humanos y a las libertades fundamentales durante un estado de emergencia pública debe que- dar estrictamente dentro de los límites estipulados por el derecho internacional, en particular, por los instrumentos internacionales pertinentes por los que están vinculados, especialmente cuando se trata de derechos con respecto a los cuales no puede haber derogación.
También reafirman que
(25.1) – las medidas de derogación de tales obligaciones deben adoptarse en estricta conformidad con los requisitos de procedimiento estipulados en esos instrumentos; (25.2) – la imposición de un estado de emergencia pública debe ser proclamado oficial, pública- mente y de conformidad con las disposiciones estipuladas por la ley; (25.3) – las medidas de derogación de las obligaciones se limitarán al alcance estrictamente reque- rido por las exigencias de la situación; (25.4) – tales medidas no serán discriminatorias solamente por motivos de raza, color, sexo, idioma, religión, origen social o pertenencia a una minoría.
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III
(26) Los Estados participantes reconocen que una sólida democracia depende de la existencia, como parte integrante de la vida nacional, de valores y prácticas democráticas, así como de una amplia gama de instituciones democráticas. En consecuencia, fomentarán, facilitarán y, cuando sea necesario, apoyarán actividades de cooperación prácticas y compartirán información, ideas y conocimientos prácticos, por medio de contactos directos y de cooperación entre personas, gru- pos y organizaciones en esferas que abarquen lo siguiente: • derecho constitucional, su reforma y desarrollo, • legislación, administración y observación electoral, • creación y funcionamiento de tribunales y sistemas jurídicos, • desarrollo de una administración pública imparcial y efectiva en la que la contratación y la pro- moción del personal se basen en un sistema de méritos, • aplicación de la ley, • gobierno local y descentralización, • acceso a la información y protección de la vida privada, • desarrollo de partidos políticos y su papel en sociedades pluralistas, • sindicatos libres e independientes, • movimientos cooperativos, • desarrollo de otras formas de asociaciones libres y de grupos de interés público, • periodismo, grandes medios de comunicación independientes, y vida intelectual y cultural, • enseñanza en instituciones docentes de los valores, instituciones y prácticas democráticas, y fomento de un clima de libre investigación.
Tales actividades podrán abarcar la gama de cooperación comprendida en la dimensión humana de la CSCE, incluyendo la capacitación, el intercambio de información, libros y materiales de ins- trucción, programas y proyectos cooperativos, intercambios académicos y profesionales y conferen- cias, becas, subsidios para investigaciones, aportación de conocimientos técnicos y asesoramiento, contactos y programas de negocios y científicos.
(27) Los Estados participantes facilitarán también la creación y el fortalecimiento de instituciones nacionales independientes en la esfera de los derechos humanos y del imperio de la ley, que podrían servir asimismo como centros de enlace para la coordinación y la colaboración entre tales institu- ciones de los Estados participantes. Los Estados participantes proponen que se fomente la coopera- ción entre sus parlamentarios, inclusive mediante las asociaciones interparlamentarias existentes, y, entre otras formas, mediante comisiones mixtas, debates televisivos con participación de par- lamentarios, reuniones y debates de mesa redonda. Alentarán también a las instituciones existen- tes, tales como las organizaciones pertenecientes al sistema de las Naciones Unidas y el Consejo de Europa, a que continúen y amplíen la labor que han empezado en esa esfera.
(28) Los Estados participantes reconocen la importante experiencia que el Consejo de Europa tiene en la esfera de los derechos humanos y las libertades fundamentales y convienen en estudiar nuevos medios para permitir que el Consejo de Europa aporte una contribución a la dimensión humana de la CSCE. Convienen en que la naturaleza de esa contribución podría examinarse ulte- riormente en un futuro foro de la CSCE. (…)
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IV
(30) Los Estados participantes reconocen que las cuestiones relativas a las minorías nacionales sólo pueden resolverse satisfactoriamente en un marco político democrático basado en el estado de derecho, con un funcionamiento independiente de la justicia. Este marco garantiza el pleno res- peto de los derechos humanos y las libertades fundamentales, derechos y condición jurídica igua- les para todos los ciudadanos, la libre expresión por parte de todos de sus intereses y aspiraciones legítimas, la aplicación de normas legales que fijen limitaciones efectivas contra abusos del poder gubernamental, pluralismo político y tolerancia social.
Reconocen asimismo el importante papel de las organizaciones no gubernamentales, incluidos parti- dos políticos, sindicatos, organizaciones de derechos humanos, y grupos religiosos, en la promoción de la tolerancia, la diversidad cultural, y la solución de cuestiones relativas a minorías nacionales.
Reafirman además que, el respeto de los derechos de las personas pertenecientes a minorías nacio- nales como parte de los derechos humanos universalmente reconocidos, es un factor esencial para la paz, la justicia, la estabilidad y la democracia en los Estados participantes.
(31) Las personas pertenecientes a minorías nacionales tienen el derecho a ejercer plena y efectiva- mente sus derechos humanos y libertades fundamentales sin ninguna discriminación y en plena igualdad ante la ley.
Los Estados participantes adoptarán, si procede, medidas especiales con el propósito de asegurar a las personas que pertenecen a minorías nacionales, plena igualdad con los demás ciudadanos en el ejercicio y el disfrute de los derechos humanos y las libertades fundamentales.
(32) El pertenecer a una minoría nacional constituye un asunto de opción individual de toda per- sona y no puede acarrear ninguna desventaja el ejercicio de dicha opción. Las personas pertene- cientes a minorías nacionales tienen el derecho de expresar, preservar y desarrollar libremente su identidad étnica, cultural, lingüística o religiosa y de mantener y desarrollar su cultura en todos sus aspectos, libres de cualquier tentativa de asimilación contra su voluntad. En particular, tie- nen el derecho de (32.1) – utilizar libremente su lengua materna tanto en privado como en (32.2) – establecer y mantener sus propias instituciones, organizaciones o asociaciones educativas, culturales y religiosas que puedan solicitar contribuciones financieras voluntarias y de otro tipo, así como asistencia pública, de conformidad con la legislación nacional; (32.3) – profesar y practicar su religión, incluida la adquisición, posesión y utilización de materia- les religiosos, y de llevar a cabo actividades educativas religiosas en su lengua materna; (32.4) – establecer y mantener contactos sin obstáculos entre ellos mismos dentro de su país así como contactos a través de fronteras con ciudadanos de otros Estados con quienes comparten un origen nacional o un patrimonio cultural o creencias religiosas comunes; (32.5) – difundir, tener acceso a ella e intercambiar información en su lengua materna; (32.6) – establecer y mantener organizaciones o asociaciones dentro de su país y participar en orga- nizaciones internacionales no gubernamentales.
Las personas pertenecientes a minorías nacionales pueden ejercer y disfrutar sus derechos indi- vidualmente, así como en comunidad con otros miembros de su grupo. No puede surgir ninguna desventaja para una persona perteneciente a una minoría nacional a causa del ejercicio o no ejer- cicio de alguno de tales derechos.
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(33) Los Estados participantes protegerán la identidad étnica, cultural, lingüística y religiosa de las minorías nacionales en su territorio y crearán condiciones para la promoción de tal identidad. Tomarán las medidas necesarias a esos efectos tras debidas consultas, con inclusión de contac- tos con organizaciones o asociaciones de tales minorías, de conformidad con el procedimiento de adopción de decisiones de cada Estado.
Todas esas medidas serán compatibles con los Principios de igualdad y no discriminación con res- pecto a los demás ciudadanos del Estado participante de que se trate.
(34) Los Estados participantes harán lo posible para garantizar que las personas pertenecientes a minorías nacionales, a pesar de la necesidad de aprender el idioma o idiomas oficiales del Estado de que se trate, tengan oportunidades adecuadas de recibir instrucción en su lengua materna, así como de poder aprenderla y, siempre que sea posible y necesario, utilizarla ante las autoridades públicas, de conformidad con la legislación nacional.
En el contexto de la enseñanza de la historia y la cultura en los establecimientos educativos tam- bién tendrán en cuenta la historia y la cultura de las minorías nacionales.
(35) Los Estados participantes respetarán el derecho de las personas pertenecientes a minorías nacionales a la participación efectiva en los asuntos públicos, incluida la participación en los asun- tos relativos a la protección y promoción de la identidad de tales minorías.
Los Estados participantes toman nota de los esfuerzos emprendidos para proteger y crear condi- ciones para la promoción de la identidad étnica, cultural, lingüística y religiosa de algunas mino- rías nacionales, mediante el establecimiento, como uno de los medios posibles de lograr dichos objetivos, de administraciones apropiadas locales o autónomas, que correspondan a las circuns- tancias específicas, históricas y territoriales de dichas minorías y sean conformes a las políticas del Estado de que se trate.
(36) Los Estados participantes reconocen la particular importancia de incrementar la constructiva cooperación entre ellos mismos sobre las cuestiones relativas a las minorías nacionales. Tal coo- peración, trata de promover el entendimiento y la confianza mutuas, las relaciones amistosas y de buena vecindad, la paz, la seguridad y la justicia internacionales.
Todo Estado participante promoverá un clima de respeto, comprensión, cooperación y solidari- dad mutuos entre todas las personas que viven en su territorio, sin distinción por origen étnico o nacional o por religión, y fomentará la solución de los problemas a través del diálogo basado en los principios del Estado de Derecho.
(37) Ninguna de estas disposiciones podrá interpretarse como que implique ningún derecho a emprender actividades o llevar a cabo cualquier acción en contravención de los propósitos y prin- cipios de la Carta de las Naciones Unidas, otras obligaciones dimanantes del derecho internacional y las disposiciones del Acta Final, incluido el principio de la integridad territorial de los Estados.
(38) Los Estados participantes, en sus esfuerzos para proteger y promover los derechos de perso- nas Pertenecientes a minorías nacionales respetarán plenamente sus compromisos en virtud de las convenciones de derechos humanos existentes y de otros instrumentos internacionales pertinen- tes, y estudiarán su adhesión a las convenciones pertinentes, si todavía no lo han hecho, incluidas las que prevén el derecho de los individuos a formular denuncias.
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(39) Los Estados participantes cooperarán estrechamente con las organizaciones internacionales competentes a que pertenezcan, inclusive con las Naciones Unidas y, si procede, con el Consejo de Europa, teniendo presente sus trabajos en curso con respecto a cuestiones relativas a minorías nacionales.
Examinarán la posibilidad de convocar una reunión de expertos para efectuar una discusión a fondo de la cuestión de las minorías nacionales.
(40) Los Estados participantes condenan clara e inequívocamente el totalitarismo, el odio racial y étnico, el antisemitismo, xenofobia y discriminación contra cualquier persona, así como la per- secución por motivos religiosos e ideológicos. En este contexto, también reconocen los problemas particulares de los romanís (gitanos).
Declaran su firme intención de intensificar los esfuerzos para combatir estos fenómenos en todas sus formas y por consiguiente (40.1) – tomarán medidas efectivas, incluida la adopción, de conformidad con sus sistemas constitu- cionales y sus obligaciones internacionales de las leyes que sean necesarias para prestar protección contra actos que constituyan incitación a la violencia contra personas o grupos basados en la dis- criminación nacional, racial, étnica o religiosa, en la hostilidad y el odio, incluido el antisemitismo; (40.2) – se comprometerán a adoptar medidas apropiadas y proporcionadas para proteger a las personas o grupos que puedan ser objeto de amenazas o de actos de discriminación, hostilidad o violencia como consecuencia de su identidad racial, étnica, cultural, lingüística y religiosa, y para proteger sus propiedades; (40.3) – adoptarán medidas efectivas, de conformidad con sus sistemas constitucionales, a niveles nacional, regional o local para promover la comprensión y la tolerancia, particularmente en las esferas de la educación, la cultura y la información; (40.4) – se esforzarán de asegurar que en los objetivos de la educación se preste especial atención al problema de los prejuicios y odios raciales y al desarrollo del respeto de las diferentes civiliza- ciones y culturas. (40.5) – reconocen el derecho del individuo a reparaciones efectivas y se ocuparán de reconocer, de conformidad con la legislación nacional, el derecho de personas y grupos interesados de ini- ciar y apoyar denuncias contra actos de discriminación, incluidos los actos racistas y de xenofobia; (40.6) – considerarán su adhesión, si todavía no la han efectuado, a los instrumentos internacio- nales que se ocupan del problema de la discriminación y asegurarán el pleno cumplimiento de las obligaciones en ellos contenidas, incluidas las relativas a la presentación de informes periódicos; (40.7) – considerarán, asimismo, la aceptación de los mecanismos internacionales que permitan a los Estados y a los individuos presentar comunicaciones relativas a discriminación ante orga- nismos internacionales.
V
(41) Los Estados participantes reafirman su compromiso con la dimensión humana de la CSCE y destacan su importancia como parte integrante de un enfoque equilibrado para la seguridad y la cooperación en Europa. Acuerdan que la Conferencia sobre la Dimensión Humana de la CSCE y el mecanismo de la dimensión humana, descrito en la sección sobre la dimensión humana de la CSCE del Documento de Clausura de Viena, han demostrado su validez como métodos para pro- seguir su diálogo y cooperación, así como para contribuir a la solución de cuestiones específicas
67 Copenhague 1990
pertinentes. Expresan su convicción de que deberían continuarse y desarrollarse como parte de una ampliación del proceso de la CSCE.
(42) Los Estados participantes reconocen la necesidad de reforzar aún más la eficacia de los pro- cedimientos descritos en los párrafos 1 a 4 de l a sección sobre la dimensión humana de la CSCE del Documento de Clausura de Viena, y con esta finalidad deciden (42.1) – proporcionar lo antes posible, pero como máximo en un lapso de cuatro semanas, una res- puesta escrita a las solicitudes de información y a las representaciones que les hagan por escrito otros Estados participantes en virtud del párrafo 1; (42.2) – que las reuniones bilaterales, como figuran en el párrafo 2, tendrán lugar lo antes posible, como norma dentro de un período de tres semanas a contar desde la fecha de la solicitud; (42.3) – abstenerse en el curso de una reunión bilateral, celebrada en virtud del párrafo 2, de plan- tear situaciones y casos que no tengan relación con el tema de la reunión, salvo que ambas partes hayan acordado hacerlo.
(43) Los Estados participantes examinaron propuestas prácticas de nuevas medidas destinadas a mejorar la aplicación de los compromisos relativos a la Dimensión Humana de la CSCE. A este respecto estudiaron propuestas relativas al envío de observadores para examinar situaciones y casos concretos, la designación de relatores para investigar y sugerir soluciones apropiadas, la creación de un comité sobre la dimensión humana de la CSCE, una mayor participación de personas, orga- nizaciones e instituciones en el mecanismo de la dimensión humana, así como ulteriores esfuerzos bilaterales y multilaterales para promover la solución de cuestiones pertinentes.
Deciden continuar el examen detallado de éstas y otras propuestas encaminadas a fortalecer el mecanismo de la dimensión humana, en subsiguientes foros pertinentes de la CSCE, y conside- rar la posiblidad de adoptar, en el contexto del desarrollo ulterior del proceso de la CSCE, nuevas medidas apropiadas. Convienen en que tales medidas deberían contribuir al logro de un pro- greso más efectivo, mejorar la prevención de conflictos y la confianza en la esfera de la dimensión humana de la CSCE. (…)
68 Carta de París para una Nueva Europa Paris 1990
(…)
Una nueva era de Democracia, Paz y Unidad
Nosotros, los Jefes de Estado o de Gobierno de los Estados participantes en la Conferencia sobre la Seguridad y la Cooperación en Europa, nos hemos reunido en París en un momento de pro- fundos cambios y de históricas esperanzas. La era de la confrontación y de la división de Europa ha terminado. Declaramos que de ahora en adelante nuestras relaciones se basarán en el respeto y la cooperación.
Europa está liberándose de la herencia del pasado. El valor de hombres y mujeres, la fuerza de voluntad de los pueblos y el vigor de las ideas del Acta Final de Helsinki han abierto una nueva era de democracia, paz y unidad en Europa.
El nuestro es un tiempo para colmar las esperanzas e ilusiones que nuestros pueblos han abrigado durante decenios: un resuelto compromiso con la democracia basada en los derechos humanos y las libertades fundamentales; prosperidad mediante la libertad económica y la justicia social; e igual seguridad para todos nuestros países.
Los diez Principios del Acta Final nos guiarán hacia ese ambicioso futuro, del mismo modo que han alumbrado nuestro camino hacia el establecimiento de mejores relaciones durante los quince años últimos. La plena aplicación de todos los compromisos de la CSCE debe formar la base de las iniciativas que ahora tomamos para permitir a nuestras naciones vivir de conformidad con sus aspiraciones.
Derechos Humanos, Democracia y Estado de Derecho
Nos comprometemos a edificar, consolidar y reforzar la democracia como único sistema de gobierno de nuestras naciones. En este esfuerzo, obraremos de acuerdo con lo siguiente:
Los derechos humanos y las libertades fundamentales son patrimonio de todos los seres humanos, son inalienables y están garantizados por la ley. Su protección y fomento es la primera responsabi- lidad de los gobiernos. Su respeto es una salvaguardia esencial contra un excesivo poder del Estado. Su observancia y pleno ejercicio son la base de la libertad, la justicia y la paz.
El gobierno democrático se basa en la voluntad popular, manifestada periódicamente mediante elec- ciones libres y justas. La democracia tiene como base el respeto de la persona humana y el Estado de derecho. La democracia es la mejor salvaguardia de la libertad de expresión, de la tolerancia para con todos los grupos de la sociedad y de la igualdad de oportunidades para cada persona.
La democracia, con su carácter representativo y pluralista, entraña la responsabilidad ante el elec- torado, la obligación de las autoridades públicas de ajustarse a la ley, y la administración impar- cial de la justicia. Nadie estará por encima de la ley.
69 Paris 1990
Afirmamos que, sin discriminación, • toda persona tiene derecho a: la libertad de pensamiento, de conciencia y de religión o creen- cia, la libertad de expresión, la libertad de asociación y de reunión pacíficas, la libertad de cir- culación; nadie estará sujeto a: – detención o prisión arbitrarias, torturas y otros tratos o penas crueles, inhumanos o degra- dantes; • Asimismo, toda persona tiene derecho a: – conocer sus derechos y actuar con arreglo a los mismos, – participar en elecciones libres y justas, – un juicio justo y público en el caso de verse acusada de un delito, – poseer propiedad, sola o en asociación, y ejercer actividades empresariales privadas, – disfrutar de sus derechos económicos, sociales y culturales.
Afirmamos que la identidad étnica, cultural, lingüística y religiosa de las minorías nacionales será protegida y que las personas pertenecientes a minorías nacionales tienen el derecho de expre- sar, preservar y desarrollar libremente esa identidad sin discriminación alguna y en plena igual- dad ante la ley.
Garantizaremos que todo el mundo pueda interponer recursos efectivos, tanto nacionales como internacionales, contra cualquier violación de sus derechos.
El pleno respeto de esos preceptos es la base sólida sobre la que trataremos de edificar la nueva Europa.
Nuestros Estados cooperarán y se ayudarán entre sí con el fin de hacer irreversibles las conquis- tas de la democracia.
Libertad y Responsabilidad Económicas
La libertad económica, la justicia social y la responsabilidad medioambiental son indispensables para la prosperidad.
El libre albedrío del individuo, ejercido en un clima democrático y protegido por el Estado de dere- cho, sienta las bases necesarias para el éxito del desarrollo económico y social. Fomentaremos la actividad económica que respeta y apoya la dignidad humana.
La libertad y el pluralismo político son elementos necesarios en nuestro común objetivo de desa- rrollar economías de mercado para un crecimiento económico sostenible, con prosperidad, justicia social, expansión del empleo, y uso eficaz de los recursos económicos. El éxito que en la transi- ción hacia la economía de mercado alcancen los países que se esfuerzan por lograrlo es importante y nos interesa a todos. Nos permitirá compartir un nivel más alto de prosperidad que es nuestro objetivo común. Cooperaremos a este fin.
La preservación del medio ambiente es una responsabilidad compartida de todas nuestras naciones. Al tiempo que apoyamos los esfuerzos nacionales y regionales desplegados en esta esfera, hemos de atender asimismo a la apremiante necesidad de actuar conjuntamente en más amplia escala.
70 Paris 1990
Relaciones Amistosas entre los Estados Participantes (…)
Para sostener y promover la democracia, la paz y la unidad en Europa, reafirmamos solemnemente nuestro pleno compromiso para con los Diez Principios del Acta Final de Helsinki. Afirmamos la constante validez de los
Diez Principios y nuestra determinación de ponerlos en práctica. Todos los Principios se aplica- rán por igual y sin reservas, interpretándose cada uno de ellos teniendo en cuenta los demás. Estos Principios forman la base de nuestras relaciones. (…)
Nuestras relaciones se basarán en nuestra común adhesión a los valores democráticos y a los dere- chos humanos y libertades fundamentales. Estamos convencidos de que, para fortalecer la paz y la seguridad entre nuestros Estados, son indispensables el progreso de la democracia y el res- peto y ejercicio efectivos de los derechos humanos. Reafirmamos la igualdad de derechos de los pueblos y su derecho a la autodeterminación de conformidad con la Carta de las Naciones Uni- das y con las normas pertinentes del derecho internacional, incluidas las referentes a la integri- dad territorial de los Estados. (…)
Pautas para el futuro
Partiendo de nuestro firme compromiso de aplicar plenamente todos los principios y disposicio- nes de la CSCE, resolvemos ahora dar nuevo impulso a un desarrollo equilibrado y general de nuestra cooperación con el fin de responder a las necesidades y aspiraciones de nuestros pueblos.
Dimensión Humana
Declaramos que nuestro respeto de los derechos humanos y de las libertades fundamentales es irrevocable. Aplicaremos plenamente, y desarrollaremos, las disposiciones referentes a la dimen- sión humana de la CSCE.
Basándonos en el documento de la Reunión de Copenhague de la Conferencia sobre la Dimen- sión Humana, cooperaremos para fortalecer las instituciones democráticas y fomentar la aplica- ción del Estado de derecho. A este fin, decidimos celebrar un seminario de expertos, en Oslo, del 4 al 15 de noviembre de 1991.
Decididos a promover la valiosa aportación de las minorías nacionales a la vida de nuestras socie- dades, nos comprometemos a mejorar más su situación. Reafirmamos nuestra profunda convicción de que las relaciones amistosas entre nuestros pueblos, así como la paz, la justicia, la estabilidad y la democracia, exigen que la identidad étnica, cultural, lingüística y religiosa de las minorías nacionales sea protegida, y que se creen las condiciones para promover esa identidad. Declaramos que las cuestiones relacionadas con las minorías nacionales sólo pueden resolverse satisfactoria- mente en un marco político democrático. Reconocemos asimismo que los derechos de las per- sonas pertenecientes a las minorías nacionales deben ser plenamente respetados como parte de los derechos humanos universales. Conscientes de la urgente necesidad de incrementar la coope- ración a este respecto, así como de una mejor protección de las minorías nacionales, decidimos
71 Paris 1990
convocar una reunión de expertos sobre las minorías nacionales, que se celebrará en Ginebra del 1 al 19 de julio de 1991.
Expresamos nuestra determinación de combatir todas las formas de odio racial y étnico, antise- mitismo, xenofobia y discriminación contra cualquier persona, así como la persecución por razo- nes religiosas e ideológicas.
De conformidad con los compromisos que hemos contraído en la CSCE, subrayamos que la libertad de circulación y de contactos entre nuestros ciudadanos, así como la libre circulación de información e ideas, son esenciales para el mantenimiento y desarrollo de sociedades libres y de culturas flore- cientes. Acogemos con satisfacción la intensificación del turismo y de las visitas entre nuestros países
El mecanismo de la dimensión humana ha demostrado su utilidad, y en consecuencia estamos decididos a ampliarlo para incluir nuevos procedimientos que entrañen, entre otras cosas, servi- cios de expertos o una lista de personalidades eminentes con experiencia en las cuestiones de los derechos humanos que pudieran suscitarse en el marco del mecanismo. Proporcionaremos, en el marco del mecanismo, personas que intervengan en la protección de esos derechos. Por consi- guiente, nos proponemos seguir desarrollando nuestros compromisos a este respecto, en parti- cular en la Reunión de Moscú de la Conferencia sobre la Dimensión Humana, sin prejuicio de las obligaciones contraídas en virtud de instrumentos internacionales existentes en los que puedan ser parte nuestros Estados.
Reconocemos la importante contribución del Consejo de Europa a la promoción de los derechos humanos y de los principios de la democracia y del Estado de derecho, así como al desarrollo de la cooperación cultural. Celebramos las medidas tomadas por varios Estados participantes con vistas a ingresar en el Consejo de Europa y a adherirse a la Convención Europea sobre Derechos Humanos. Celebramos asimismo que el Consejo de Europa esté dispuesto a poner su experiencia a disposición de la CSCE.
Seguridad (…)
Condenamos sin reservas, por criminales, todos los actos, métodos y prácticas del terrorismo, y expresamos nuestra determinación de trabajar en pro de su erradicación tanto bilateralmente como mediante la cooperación multilateral. Asimismo, nos uniremos para combatir el tráfico ilí- cito de estupefacientes. (…)
Cultura
Reconocemos la contribución esencial de nuestra cultura europea común y de nuestros valores compartidos a la superación de la división del Continente. Por lo tanto, subrayamos nuestra adhe- sión a la libertad creadora y a la protección y el fomento de nuestro patrimonio cultural y espiri- tual, con toda su riqueza y diversidad.
En vista de los cambios recientemente habidos en Europa, subrayamos la acrecentada importan- cia del Simposio de Cracovia y aguardamos con interés el examen que ha de hacer de las pautas para la intensificación de la cooperación en el campo cultural. Invitamos al Consejo de Europa a que contribuya a este Simposio.
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Para fomentar una mayor familiarización mutua entre nuestros pueblos, propugnamos el estable- cimiento de centros culturales en ciudades de otros Estados participantes, así como el aumento de la cooperación en el campo audiovisual y un más amplio intercambio en materia de música, teatro, literatura y arte.
Decidimos llevar a cabo, en nuestras políticas nacionales, esfuerzos especiales para fomentar una mejor comprensión común, en particular entre la juventud, mediante los intercambios culturales, la cooperación en todos los campos de la educación y, más específicamente, mediante la enseñanza general y profesional en los idiomas de otros Estados participantes. Nos proponemos considerar los primeros resultados de esta acción en la Reunión de Continuidad de Helsinki de 1992.
Trabajadores Migrantes
Reconocemos que las cuestiones relativas a los trabajadores migrantes y sus familias que residan legalmente en su país de acogida tienen no sólo aspectos económicos, culturales y sociales sino también dimensión humana. Reafirmamos que la protección y la promoción de sus derechos, así como el cumplimiento de las obligaciones internacionales pertinentes, son objeto de nuestra pre- ocupación común. (…)
Organizaciones no gubernamentales
Recordamos el importante papel que, en relación con el logro de los objetivos de la CSCE, han des- empeñado las organizaciones no gubernamentales, así como las personas y los grupos religiosos y de otra índole, y facilitaremos más sus actividades para el cumplimiento de estos compromisos de la CSCE por los Estados participantes. Estas organizaciones, grupos y personas deben partici- par de modo apropiado en las actividades y nuevas estructuras de la CSCE para llevar a cabo sus importantes tareas.
Nuevas estructuras e instituciones del proceso de la CSCE (…)
Decidimos establecer una Oficina pro Elecciones Libres, con sede en Varsovia, para facilitar los contactos y el intercambio de información sobre las elecciones que se celebren en los Estados par- ticipantes. (…)
Documento suplementario para dar validez a algunas disposiciones que figuran en la Carta de París para una Nueva Europa
A continuación, figuran los procedimiento y modalidades de organización relativos a ciertas dis- posiciones contenidas en la Carta de París para una Nueva Europa, firmada en París el 21 de noviembre de 1990.
73 Paris 1990
I.
Disposiciones institucionales
G. La Oficina pro Elecciones Libres
1. La función de la Oficina pro Elecciones Libres será la de facilitar contactos y el intercambio de información sobre elecciones dentro de los Estados participantes. La Oficina favorecerá así la apli- cación de los párrafos 6, 7 y 8 del Documento de la Reunión de Copenhague de la Conferencia sobre la Dimensión Humana de la CSCE (…)
2. Con dicho fin, la Oficina: • compilará información, inclusive información facilitada por las autoridades competentes de los Estados participantes, sobre las fechas, procedimientos y resultados oficiales de las elecciones nacionales programadas en los Estados participantes, así como informes sobre la observación de elecciones, que facilitarán a los gobiernos, a los parlamentos y a las organizaciones privadas interesadas que lo soliciten; • servirá para facilitar el contacto entre los gobiernos, parlamentos u organizaciones privadas que deseen observar elecciones y las autoridades competentes de los Estados en que se vayan a cele- brar las elecciones; • organizará y acogerá, a petición de los Estados participantes, seminarios u otras reuniones rela- cionadas con los procedimientos electorales y las instituciones democráticas.
3. La Oficina tendrá en cuenta la labor de otras instituciones activas en esta esfera y cooperará con ellas.
4. La Oficina ejecutará otras tareas que le asigne el Consejo.
5. La plantilla de personal de la Oficina estará compuesta de: • un Director, que será responsable ante el Consejo por conducto del Comité de Altos Funcionarios; • un Oficial; • personal administrativo y técnico, contratado por el Director de la Oficina.
74 Documento del Simposio de Cracovia sobre el Patrimonio Cultural de los Estados Participantes en la CSCE Cracovia 1991
(…)
Los Estados participantes expresan su profunda convicción de que comparten los valores comu- nes forjados por la historia y basados, entre otras cosas, en el respeto de la persona, la libertad de conciencia, religión o creencia, la libertad de expresión, el reconocimiento de la importancia de los valores espirituales y culturales, las obligaciones en virtud del estado de derecho, la tolerancia y la apertura al diálogo con otras culturas.
Toman nota de la relación existente entre la vida cultural y el bienestar de sus pueblos, y de la espe- cial importancia que esto tiene para los países democráticos en transición hacia una economía de mercado. Alientan el apoyo que ya ha empezado a concederse y la ayuda que se está prestando a esos países para conservar y proteger su patrimonio cultural.
Los Estados participantes respetan la irreemplazable unicidad de todas sus culturas y tratarán de promover un diálogo cultural constante entre ellos y el resto del mundo. Reafirman su creencia de que el respeto de la diversidad cultural favorece el entendimiento y la tolerancia entre perso- nas y grupos.
Consideran que los aspectos regionales de la cultura deberían constituir por sí mismos un factor de entendimiento entre los pueblos.
La diversidad cultural regional es una expresión de la riqueza de la identidad cultural común de los Estados participantes. Su conservación y protección contribuye a la edificación de una Europa democrática, pacífica y unida.
Reafirmando su compromiso de aplicar plenamente las disposiciones relativas a la dimensión cul- tural de la CSCE contenidas en el Acta Final de Helsinki y demás documentos de la CSCE, los Estados participantes acuerdan lo siguiente:
I. Cultura y Libertad
1. Los Estados participantes hacen hincapié en que el respeto de los derechos humanos y las liber- tades fundamentales es esencial para el pleno desarrollo de la creatividad cultural.
2. El Estado y las autoridades públicas se abstendrán de infringir la libertad de creación artística.
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3. Los Estados participantes se comprometerán a promover y proteger el desarrollo libre y sin tra- bas de la creación artística; reconocen el importante papel del artista individual en la sociedad y respetarán y protegerán la integridad de la labor creadora.
4. Reconocen la necesidad de que los gobiernos establezcan un equilibrio entre su doble responsa- bilidad de obrar en apoyo de la actividad cultural y asegurar la libertad de la misma.
5. Reconocen asimismo que, dada la variedad de actividades culturales en los Estados participan- tes, son muchos los medios que los gobiernos podrían elegir para responder de manera eficaz a las preocupaciones relativas al patrimonio cultural.
6. Los Estados participantes recuerdan su respeto de la libertad de expresión y, en conexión con el ejercicio de esa libertad en las esferas artística y cultural, declaran lo siguiente: 6.1 La publicación de obras escritas, la ejecución y difusión de obras musicales, teatrales y audiovi- suales, y la exposición de obras pictóricas o escultóricas no estará sujeta a restricción o injerencia por parte del Estado, excepto cuando tales restricciones estén prescritas por la legislación nacio- nal y se ajusten plenamente a las normas internacionales. 6.2 Expresan su convicción de que la existencia, en las esferas artística y cultural, de una diversi- dad de medios de difusión independientes del Estado, tales como casas editoriales, empresas de difusión de programas de radio, cine y televisión, teatros y galerías de arte, contribuye a garanti- zar el pluralismo y la libertad de la expresión artística y cultural.
7. Los Estados participantes recuerdan sus compromisos de facilitar un acceso sin trabas a la cul- tura y convienen en lo siguiente: 7.1 Mientras se mantenga el respeto debido a los derechos de propiedad intelectual, cualquier per- sona u organización independiente tiene derecho a poseer privadamente, utilizar y reproducir toda clase de materiales culturales, tales como libros, publicaciones y grabaciones audiovisuales, así como los medios de reproducirlos.
8. Los Estados participantes están decididos a fomentar el conocimiento mutuo de sus culturas respectivas. En consecuencia, alentarán la cooperación y el intercambio en todas las esferas de la cultura y de la labor creadora.
9. Los Estados participantes están convencidos del enriquecimiento que aportan a la vida cultural las culturas regionales y locales, incluidas las relacionadas con las minorías nacionales.
II. Cultura y Patrimonio
10. Los Estados participantes expresan su profunda convicción de que el patrimonio de cada uno de ellos constituye una parte inalienable de su civilización, de su memoria y de su historia común que ha de transmitirse a las generaciones futuras.
11. Los Estados participantes toman nota de las definiciones de propiedad arqueológica del patri- monio cultural y del patrimonio arquitectónico que figuran en los documentos internacionales pertinentes del Consejo de Europa y de la UNESCO.
12. La documentación completa y duradera de lugares de interés, estructuras, paisajes culturales, objetos y sistemas culturales, incluidos monumentos históricos religiosos y culturales, tal como
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existen actualmente, es uno de los legados más importantes que el patrimonio cultural puede ofre- cer a las futuras generaciones.
13. Los Estados participantes reconocen asimismo como elementos vitales de su patrimonio cul- tural común, el patrimonio de aquellas culturas que, debido a las barreras del idioma, del clima y del alejamiento geográfico, de la reducida población o los avatares de las circunstancias históri- cas y políticas no han sido muy accesibles.
14. Los Estados participantes tratarán de proteger el patrimonio cultural de conformidad con los acuerdos internacionales pertinentes y con su legislación nacional.
15. Los Estados participantes prestarán atención a la conservación, incremento y restauración del patrimonio cultural al elaborar políticas culturales, ambientales y regionales y de planificación urbana. Asimismo, toman nota de la importancia de relacionar los proyectos de conservación con su auténtico medio ambiente urbano o rural, cuando convenga y siempre que sea posible.
16. Los Estados participantes reconocen la importancia de hacer accesible de la manera más amplia posible su patrimonio cultural. Al obrar así, prestarán particular atención a las necesidades de las personas físicamente impedidas. 16.1 Tratarán de proteger el patrimonio contra los daños que pueda causarle la gestión y el acceso al mismo por parte del público. 16.2 Fomentarán la toma de conciencia por parte del público del valor del patrimonio y la nece- sidad de protegerlo. 16.3 Tratarán de facilitar, siempre que sea posible, el acceso de los investigadores y eruditos a los documentos y materiales de archivo esenciales pertinentes.
17. Los Estados participantes toman nota con satisfacción del papel que desempeñan las asocia- ciones no gubernamentales para promover la toma de conciencia del patrimonio cultural y de la necesidad de protegerlo.
18. Las asociaciones entre grupos diversos a niveles local, regional y nacional, tanto en los sectores privado como público, son medios valiosos para garantizar una conservación eficaz y representativa del patrimonio cultural. La conservación e interpretación de los valores y del patrimonio cultural de los diversos grupos se verán incrementadas con la participación de tales grupos, y llevarán a la tolerancia y respeto de las diferentes culturas, lo que es de primordial importancia.
19. Los Estados participantes reconocen la utilidad e importancia del intercambio de información para preservar el patrimonio cultural y reconocen que el empleo de bancos de datos, a nivel nacio- nal y multilateral, puede aportar una útil contribución a esta labor.
III. Principales Esferas de Conservación y Cooperación
20. Los Estados participantes alentarán, en los niveles iniciales y avanzados, la formación en las diversas profesiones y oficios dedicados a la conservación y restauración del patrimonio cultural, así como a su administración. Acuerdan mantenerse informados sobre los acontecimientos impor- tantes que se registren en esta esfera y cooperar mutuamente. 20.1 La difusión de conocimientos teóricos y prácticos, especialmente los conocimientos prácticos en vías de extinción relacionados con el patrimonio cultural, mediante la formación, el intercambio de personal, la investigación y la publicación técnica, es necesaria para garantizar la continuidad
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de la conservación cultural. Por consiguiente, reafirman sus compromisos de alentar los intercam- bios de alumnos y especialistas, bilateral y multilateralmente. 20.2 Los Estados participantes deberían invitar a las organizaciones profesionales apropiadas a que establezcan un registro nacional de artesanos cualificados competentes en la esfera de la protec- ción y conservación del patrimonio cultural, para facilitar los contactos entre tales personas y los usuarios de sus servicios tanto en el plano nacional como internacional.
21. Los Estados participantes intercambiarán datos sobre sus políticas en materia de patrimonio cultural, especialmente en lo relativo a los métodos, medios y posibilidades que ofrecen las nue- vas tecnologías.
22. Los Estados participantes harán lo posible por compartir sus conocimientos y experiencia en la esfera de la publicación y distribución de material impreso y audiovisual. 22.1 Con miras a aumentar la conciencia pública respecto de la conservación del patrimonio cul- tural, los Estados participantes proporcionarán información que ayude a las estaciones de radio y televisión, así como a los medios de impresión, para promover la información en esa esfera.
23. Tratarán de mejorar las condiciones de almacenamiento de los bienes culturales perecede- ros, como papel, películas y materiales sonoros grabados, establecer programas nacionales para la conservación del patrimonio cultural perecedero y fijar normas comúnmente aceptadas para toda clase de soportes de los productos culturales, a fin de garantizar la permanencia de tales pro- ductos culturales.
24. Los Estados participantes alentarán el establecimiento de vínculos entre los centros de recur- sos y los bancos de datos en la esfera cultural con el fin de facilitar el intercambio de información entre ellos.
25. Para comprender mejor los valores culturales de los países cuyos idiomas son menos habla- dos, los Estados participantes se felicitan de la difusión del conocimiento de esos idiomas y acerca de ellos, en particular, mediante la traducción y publicación de obras literarias procedentes de dichos países. La organización de cursos de capacitación internacional para el personal de los medios de comunicación y de la esfera de la cultura, que participe en el fomento y en el entendi- miento de los idiomas menos hablados y de las culturas menos conocidas, debería asimismo ser objeto de consideración.
26. Reconociendo la importante contribución de las creencias, instituciones y organizaciones reli- giosas para el patrimonio cultural, los Estados participantes cooperarán estrechamente con ellas en lo que respecta a la conservación del patrimonio cultural y prestarán la debida atención a los monumentos y objetos de origen religioso que las comunidades de donde proceden no los usen más o ya no existan en la región de que se trate.
27. Teniendo presente el importante papel que pueden desempeñar las características regionales de la cultura para vincular a las personas a través de las fronteras nacionales, los Estados parti- cipantes con objeto de fomentar relaciones de buena vecindad, favorecerán la cooperación regio- nal tanto a nivel de autoridades locales y nacionales como de organizaciones no gubernamentales.
28. Los Estados participantes prestarán la debida atención al fortalecimiento del patrimonio cultu- ral popular, incluidas las culturas autóctonas y vernáculas y favorecerán una cultura popular con- temporánea dentro del marco de sus esfuerzos generales para la conservación, estudio, protección y fomento de la toma de conciencia mutua de su patrimonio cultural. Los Estados participantes
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toman nota de la importancia de investigar las diferentes formas de expresión de las culturas pasa- das y presentes -prácticas simbólicas, objetos y conocimientos técnicos, arte popular, idiomas- y de la importancia de hacer todo lo necesario para realzarlas.
29. Los Estados participantes prestarán asimismo atención a las contribuciones al patrimonio cul- tural de origen más reciente (arte, incluidas las obras arquitectónicas, del siglo XX).
30. Los Estados participantes cooperarán para evitar la circulación ilegal de objetos culturales, por ejemplo, considerando la posibilidad de adherirse a los instrumentos internacionales pertinentes.
31. Los Estados participantes se esforzarán por conservar y proteger aquellos monumentos y luga- res conmemorativos, entre ellos, en especial, los campos de exterminio y los archivos conexos, que son por sí mismos testimonios de trágicas experiencias de su pasado común. Deberán tomarse esas medidas a fin de que tales experiencias puedan ser recordadas, puedan ayudar a aleccionar a las generaciones presentes y futuras acerca de tales acontecimientos y, de este modo, asegurar que nunca se repitan.
32. La interpretación de que sean objeto los lugares conmemorativos de doloroso recuerdo puede servir de valioso medio para fomentar la tolerancia y el entendimiento de los pueblos y toma en cuenta la diversidad social y cultural.
33. Los Estados participantes reconocen que, al definir las prioridades en la esfera de la conser- vación, es importante tomar en cuenta tanto el valor intrínseco del patrimonio cultural como su relativo estado de deterioro y su contenido histórico cultural. Con este fin tratarán de promover, según proceda, la utilización de gráficos de riesgo, el intercambio de información y la organización de talleres sobre el terreno, idóneos también para la participación de las generaciones más jóvenes.
34. Los Estados participantes reconocen que el mantenimiento de la condición del estado de los monumentos y lugares de interés relacionados con su historia y cultura, independientemente de donde estén situados, constituye una parte integrante de los esfuerzos generales que se llevan a cabo en el marco de la CSCE para la conservación y protección del patrimonio cultural común.
35. Los Estados participantes consideran que es necesario adoptar medidas concertadas para pro- teger el patrimonio cultural común contra los daños medioambientales. A este fin considerarán la posibilidad de establecer redes, o se asociarán a las redes existentes, para la recopilación de datos y la coordinación de la investigación. Favorecerán la coordinación de decisiones políticas y adop- tarán medidas directas para reducir el impacto de la contaminación atmosférica y otra degrada- ción sobre el patrimonio cultural común.
36. Con miras a proteger los lugares de interés cultural en el medio urbano, los Estados partici- pantes adoptarán medidas para contrarrestar los efectos de la contaminación sobre los comple- jos arquitectónicos de las ciudades amenazadas; para restaurar, conservar y revitalizar los centros urbanos históricos; y para salvaguardar los lugares de interés y protegerlos contra los daños cau- sados por la creciente afluencia de turistas.
37. Los Estados participantes toman nota de la importancia que presenta la protección del paisaje cultural, especialmente en aldeas y zonas rurales, contra el peligro que entrañan los cambios de las características de las actividades económicas y el impacto de la contaminación, especialmente en lo que respecta a la protección de las viviendas y los conjuntos coherentes del medio humano habitual.
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38. Habida cuenta de la contribución que puede aportar la historia natural a nuestro conocimiento del mundo contemporáneo y su futura evolución, los Estados participantes se esforzarán por favo- recer la conservación e interpretación de los lugares y colecciones de historia natural.
39. Los Estados participantes toman nota de la importancia que reviste la protección de los parques públicos y privados y de los jardines históricos, en tanto que obras humanas y de la naturaleza, debido a su interés histórico, botánico y social, incluidos sus elementos decorativos y arquitectónicos.
40. Los Estados participantes velarán por la conservación y protección de los lugares de interés arqueológico situados en su territorio, incluidos los subacuáticos. Tendrán en cuenta este aspecto cuando lleven a cabo operaciones de desarrollo regional que pudieran ser una amenaza para los lugares de interés que todavía no hayan sido científicamente estudiados, excavados o restaurados.
41. Subrayan la necesidad de coordinar las actividades de organizaciones e instituciones interna- cionales, tales como el Consejo de Europa y la UNESCO, con miras a contribuir al pleno desarro- llo de la cooperación cultural entre los Estados participantes. Teniendo presente la necesidad de evitar la duplicación de esfuerzos, los Estados participantes cooperarán estrechamente en el marco de las organizaciones internacionales competentes de que formen parte. (…)
80 Informe de la Reunión de Expertos sobre Minorías Nacionales de la CSCE Ginebra 1991
(…)
De conformidad con las disposiciones pertinentes de la Carta de París, los representantes de los Estados participantes celebraron una discusión a fondo sobre las cuestiones de las minorías nacio- nales y los derechos de las personas pertenecientes a las mismas que puso de relieve la diversidad de situaciones y de antecedentes jurídicos, históricos, políticos y económicos. Celebraron inter- cambios de puntos de vista sobre la experiencia práctica en el campo de las minorías nacionales, en particular en materia de legislación nacional, instituciones democráticas, instrumentos interna- cionales y otras posibles formas de cooperación. Se expresaron opiniones sobre el cumplimiento de los compromisos pertinentes de la CSCE y los representantes de los Estados participantes exami- naron también en qué medida podrán mejorarse las normas pertinentes. Asimismo, examinaron nuevas medidas encaminadas a mejorar el cumplimiento de los compromisos antes mencionados.
Se presentaron algunas propuestas a la consideración de la Reunión y, tras sus deliberaciones, los representantes de los Estados participantes aprobaron el presente informe.
El texto del Informe de la Reunión de Expertos sobre Minorías Nacionales de Ginebra se publi- cará en cada Estado participante, el cual se encargará de difundirlo y de darlo a conocer en la mayor medida posible.
Los representantes de los Estados participantes toman nota de que el Consejo tendrá en cuenta la recapitulación de la Reunión, de conformidad con la Carta de París para una Nueva Europa.
I.
Reconociendo que el cumplimiento y el pleno disfrute de los derechos humanos y de las liberta- des fundamentales, inclusive los de personas pertenecientes a minorías nacionales, constituyen el fundamento de la Nueva Europa,
Reafirmando su profunda convicción de que unas relaciones amistosas entre sus pueblos, así como la paz, la justicia, la estabilidad y la democracia, requieren que se proteja la identidad étnica, cul- tural, lingüística y religiosa de las minorías nacionales y que se creen las condiciones necesarias para el fomento de esa identidad,
Convencidos de que, en los Estados donde hay minorías nacionales, la democracia exige que todas las personas, incluidas las pertenecientes a minorías nacionales, gocen plena y efectivamente de igualdad de derechos y libertades fundamentales y disfruten del estado de derecho y de las insti- tuciones democráticas,
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Conscientes de la diversidad de situaciones y de sistemas constitucionales de sus países y recono- ciendo por lo tanto que para el cumplimiento de los compromisos de la CSCE acerca de las mino- rías nacionales resultan aplicables distintos planteamientos,
Conscientes de la importancia que tiene desempeñar esfuerzos para hacer frente a los problemas de las minorías nacionales, particularmente en zonas donde están consolidándose las institucio- nes democráticas y donde suscitan especial preocupación las cuestiones relacionadas con las mino- rías nacionales,
Conscientes de que las minorías nacionales forman parte integrante de la sociedad de los Estados en que viven y de que son un factor de enriquecimiento de cada uno de esos Estados y sociedades,
Confirmando la necesidad de respetar y observar plena y equitativamente sus compromisos en el campo de los derechos humanos y de las libertades fundamentales, tal como se estipula en los ins- trumentos internacionales de que son parte,
Reafirmando su enérgica decisión de respetar y aplicar plenamente todos los compromisos relati- vos a minorías nacionales y a personas pertenecientes a ellas que constan en el Acta Final de Hel- sinki, el Documento de Clausura de Madrid y el Documento de Clausura de Viena, el Documento de la Reunión de Copenhague de la Conferencia sobre la Dimensión Humana de la CSCE, el Docu- mento del Simposio de Cracovia sobre el Patrimonio Cultural, así como la Carta de París para una Nueva Europa, los Estados participantes presentan a continuación el resumen de sus conclusiones.
Los representantes de los Estados participantes tomaron como base fundamental de su labor los compromisos adquiridos por ellos con respecto a las minorías nacionales que figuran en los docu- mentos pertinentes adoptados por la CSCE, en particular la Carta de París para una Nueva Europa y el Documento de la Reunión de Copenhague de la Conferencia sobre la Dimensión Humana de la CSCE, y reafirmaron plenamente estos compromisos.
II.
Los Estados participantes subrayan la constante importancia de un examen a fondo del cumpli- miento de los compromisos de la CSCE relativos a personas pertenecientes a minorías nacionales.
Insisten en que los derechos humanos y las libertades fundamentales son la base de la protección y fomento de los derechos de personas pertenecientes a minorías nacionales. Reconocen, por otra parte, que las cuestiones relativas a las minorías nacionales sólo pueden resolverse satisfactoria- mente en un marco político democrático basado en el estado de derecho, con un funcionamiento independiente de la justicia. Este marco garantiza el pleno respeto de los derechos humanos y las libertades fundamentales, derechos y condición jurídica iguales para todos los ciudadanos, inclui- dos los pertenecientes a minorías nacionales, la libre expresión por parte de todos de sus intereses y aspiraciones legítimos, el pluralismo político, la tolerancia social y la aplicación de normas lega- les que fijen limitaciones efectivas contra abusos del poder gubernamental.
Las cuestiones relativas a las minorías nacionales, así como el cumplimiento de las obligaciones y los compromisos internacionales relacionados con los derechos de las personas pertenecientes a las mismas, son asuntos de legítima preocupación internacional y por consiguiente no constitu- yen exclusivamente asuntos internos de cada Estado.
Toman nota de que no todas las diferencias étnicas, culturales, lingüísticas o religiosas conducen necesariamente a la creación de minorías nacionales.
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III.
Respetando el derecho de personas pertenecientes a minorías nacionales de participar de manera efectiva en los asuntos públicos, los Estados participantes consideran que cuando se trata en sus territorios de problemas relativos a la situación de minorías nacionales, las propias minorías debe- rán tener la ocasión de participar efectivamente, con arreglo a los procedimientos de adopción de decisiones de cada Estado. Consideran también que la apropiada participación democrática de personas pertenecientes a minorías nacionales o de sus representantes en órganos facultados para adoptar decisiones o de carácter consultivo constituye un importante elemento de una verdadera participación en los asuntos públicos.
Consideran que han de hacerse particulares esfuerzos para resolver los problemas concretos de un modo constructivo y gracias al diálogo mediante negociaciones y consultas encaminadas a mejo- rar la situación de las personas pertenecientes a minorías nacionales. Reconocen que la promoción del diálogo entre Estados y entre éstos y personas pertenecientes a minorías nacionales tendrá el máximo éxito cuando haya una libre circulación de información y de ideas entre todas las partes. Alientan los esfuerzos unilaterales, bilaterales y multilaterales de los gobiernos con objeto de bus- car formas de incrementar la eficacia del cumplimiento de los compromisos de la CSCE referen- tes a las minorías nacionales.
Los Estados participantes consideran asimismo que el respecto de los derechos humanos y de las libertades fundamentales ha de concederse de forma no discriminatoria en toda la sociedad. En las zonas habitadas principalmente por personas pertenecientes a una minoría nacional, se pro- tegerán por igual los derechos humanos y las libertades fundamentales de las personas pertene- cientes a tal minoría, los de las personas pertenecientes a la población mayoritaria del Estado en cuestión y los de las personas pertenecientes a otras minorías nacionales residentes en esas zonas.
Reafirman que las personas pertenecientes a minorías nacionales tienen el derecho de expresar, preservar y desarrollar libremente su identidad étnica, cultural, lingüística o religiosa y de man- tener y desarrollar su cultura en todos sus aspectos, libres de cualquier tentativa de asimilación contra su voluntad.
Permitirán a las autoridades competentes informar a la Oficina pro Elecciones Libres de todas las elecciones públicas previstas en sus territorios, incluidas las celebradas a nivel inferior al nacional. Los Estados participantes acogerán favorablemente, en la medida permitida por la ley, la presencia de observadores en elecciones celebradas a nivel inferior al nacional, incluso en zonas habitadas por minorías nacionales y se esforzarán por facilitar el acceso de los mismos.
IV.
Los Estados participantes crearán las condiciones requeridas para que las personas pertenecien- tes a minorías nacionales tengan las mismas oportunidades de participar efectivamente en la vida pública, la actividad económica y la construcción de la sociedad.
De conformidad con el párrafo 31 del Documento de Copenhague, los Estados participantes adop- tarán las medidas necesarias para impedir la discriminación contra personas, particularmente en lo que hace al empleo, la vivienda y la educación, por el hecho de que pertenezcan o no a una minoría nacional. A este propósito, tomarán medidas, si todavía no lo han hecho, para que pue- dan presentar recursos efectivos los individuos que hayan sufrido un trato discriminatorio por el hecho de pertenecer o no a una minoría nacional, en particular poniendo a la disposición de las personas víctimas de discriminación una amplia serie de recursos administrativos y judiciales.
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Los Estados participantes están convencidos de que la conservación de los valores y del patrimo- nio cultural de las minorías nacionales requiere la participación de personas pertenecientes a esas minorías y de que a este respecto tienen una importancia fundamental la tolerancia y el respeto de diferentes culturas. En consecuencia, confirman la importancia de abstenerse de entorpecer la producción de materiales culturales concernientes a minorías nacionales, incluso por personas pertenecientes a tales minorías.
Los Estados participantes afirman que las personas pertenecientes a una minoría nacional tendrán los mismos derechos y obligaciones de ciudadanía que el resto de la población.
Los Estados participantes reafirman la importancia de adoptar, cuando proceda, medidas espe- ciales con objeto de garantizar a las personas pertenecientes a minorías nacionales la plena igual- dad con los demás ciudadanos en el ejercicio y disfrute de los derechos humanos y las libertades fundamentales. Reiteran además, la necesidad de tomar las medidas necesarias para proteger la identidad étnica, cultural, lingüística y religiosa de las minorías nacionales en su territorio y de crear las condiciones necesarias para la promoción de esa identidad; tales medidas serán confor- mes a los principios de igualdad y de no discriminación con respecto a los demás ciudadanos del Estado participante de que se trate.
Reconocen que dichas medidas, que toman en cuenta entre otras cosas, las circunstancias históricas y territoriales de las minorías nacionales, son particularmente importantes en regiones en donde las instituciones democráticas están siendo consolidadas y las cuestiones relativas a las minorías nacionales suscitan especial preocupación.
Conscientes de la diversidad y variedad de sistemas constitucionales que existen entre ellos, que hacen que un solo enfoque no sea necesariamente aplicable a todos, los Estados participantes toman nota con interés de que se han obtenido resultados positivos por parte de algunos de ellos de una manera democrática adecuada, mediante, entre otras cosas: • organismos asesores y de toma de decisiones en los que las minorías están representadas, en particular en lo que respecta a la educación, la cultura y la religión; • órganos y asambleas elegidos para tratar de cuestiones de minorías nacionales; • administración local y autónoma, así como autonomía sobre una base territorial, inclusive la existencia de órganos consultivos, legislativos y ejecutivos elegidos mediante elecciones libres y periódicas; • gestión autónoma por una minoría nacional de los aspectos relativos a su identidad en las situa- ciones en que no se aplica la autonomía sobre una base territorial; • formas de gobierno descentralizadas o locales; • acuerdos bilaterales o multilaterales y otros con respecto a las minorías nacionales; • para las personas pertenecientes a las minorías nacionales, provisión de tipos y niveles adecua- dos de educación en su idioma materno con la debida consideración del número, características del asentamiento geográfico y tradiciones culturales de las minorías nacionales; • sufragando la enseñanza de los idiomas de las minorías al público en general, así como la inclu- sión de idiomas de minorías en las instituciones de formación de maestros, en particular en regiones habitadas por personas pertenecientes a minorías nacionales; • en aquellos casos en que la enseñanza de una disciplina determinada no se facilite en su territorio a todos los niveles en el idioma de la minoría, tomar las medidas necesarias para buscar los medios de reconocer los diplomas otorgados en el extranjero para los estudios realizados en ese idioma;
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• creación de organismos gubernamentales de investigación para examinar la legislación y difun- dir información relativa a la igualdad de derechos y la no discriminación; • prestación de ayuda financiera y técnica a personas pertenecientes a minorías nacionales que deseen ejercer su derecho a establecer y mantener sus propias instituciones, organizaciones y aso- ciaciones educativas, culturales y religiosas; • ayuda gubernamental para hacer frente a las dificultades locales relativas a las prácticas discri- minatorias (por ejemplo, un servicio de relaciones entre ciudadanos); • fomento de las relaciones comunitarias al nivel más sencillo entre comunidades minoritarias, entre comunidades mayoritarias y minoritarias, y entre comunidades vecinas que compartan fronteras encaminadas a contribuir a evitar que surjan tensiones locales y hacer frente pacífica- mente a los conflictos que puedan presentarse; y • fomento del establecimiento de comisiones mixtas permanentes, a nivel interestatal o regional, para facilitar un diálogo continuo entre las regiones fronterizas de que se trate.
Los Estados participantes estiman que éstos u otros enfoques, individualmente o combinados, pue- den contribuir a mejorar la situación de las minorías nacionales en sus territorios.
V.
Los Estados participantes respetarán el derecho de las personas pertenecientes a minorías nacio- nales a ejercer y disfrutar sus derechos individualmente o en comunidad con otros, a establecer y mantener organizaciones y asociaciones dentro de su territorio, y a participar en organizaciones internacionales no gubernamentales.
Los Estados participantes reafirman que no impedirán el ejercicio del derecho de las personas per- tenecientes a minorías nacionales a establecer y mantener sus propias instituciones, organizacio- nes y asociaciones educativas, culturales y religiosas.
A este respecto, reconocen el importante y esencial papel que las personas, organizaciones no gubernamentales, religiosas y otros grupos pueden desempeñar para fomentar el entendimiento intercultural y mejorar las relaciones a todos los niveles de la sociedad, así como a través de las fronteras internacionales.
Estiman que observaciones y experiencias de primera mano de esas organizaciones, grupos y per- sonas pueden ser de gran valor para fomentar el cumplimiento de los compromisos de la CSCE relativos a las personas pertenecientes a minorías nacionales. Por consiguiente, alentarán la labor de esas organizaciones, grupos y personas, y acogerán con agrado sus contribuciones en este campo y no pondrán obstáculos a la misma.
VI.
Los Estados participantes, preocupados por la proliferación de actos de odio racial, étnico y reli- gioso, antisemitismo, xenofobia y discriminación subrayan su determinación de condenar, sobre una base continua, dichos actos contra cualquiera.
En este contexto, reafirman su reconocimiento de los particulares problemas que presenta el grupo romaní (gitanos). Están dispuestos a adoptar medidas eficaces para lograr una plena igualdad de oportunidades entre las personas pertenecientes al grupo romaní normalmente residentes en un
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Estado y el resto de la población que en él reside. Asimismo, fomentarán la investigación y los estu- dios relativos al grupo romaní y a los particulares problemas con que se enfrenta.
Tomarán medidas efectivas para fomentar la tolerancia, la comprensión, la igualdad de oportuni- dades y buenas relaciones entre personas de diferentes orígenes dentro de su país.
Por otra parte, los Estados participantes tomarán medidas efectivas, incluida la adopción, de con- formidad con sus leyes constitucionales y sus obligaciones internacionales, si aún no lo han hecho así, de leyes que prohíban actos que constituyan incitación a la violencia basada en la discrimi- nación nacional, racial, étnica o religiosa, la hostilidad o el odio, incluido el antisemitismo, y las políticas necesarias para aplicar dichas leyes.
Además, con el fin de incrementar la toma de consciencia del público sobre los prejuicios y el odio y mejorar la aplicación de las leyes contra los delitos relacionados con el odio y, de otro modo, aumentar los esfuerzos encaminados a hacer frente al prejuicio y al odio en sociedad, harán esfuer- zos para recopilar, publicar sobre una base regular, y poner a la disposición del público datos sobre los delitos cometidos en sus respectivos territorios basados en prejuicios así como en la raza, la identidad étnica o la religión, con inclusión de las directrices utilizadas para la recopilación de dichos datos. Esos datos no deberían incluir información personal alguna.
Consultarán e intercambiarán puntos de vista e información a nivel internacional, incluso en futu- ras reuniones de la CSCE, sobre delitos que evidencien prejuicio y odio.
VII.
Convencidos de que la protección de las personas pertenecientes a minorías nacionales necesita una libre circulación de información e intercambio de ideas, los Estados participantes subrayan la importancia de la comunicación entre personas pertenecientes a minorías nacionales sin interfe- rencia de las autoridades públicas y sin consideración de fronteras. El ejercicio de tales derechos sólo estará sujeto a las restricciones prescritas por la ley que se conformen a las normas internacio- nales. Reafirman que ningún miembro de una minoría nacional, por el solo hecho de pertenecer a dicha minoría, será objeto de sanciones penales o administrativas por haber mantenido contac- tos dentro o fuera de su propio país.
Por lo que respecta al acceso a los grandes medios de comunicación, no harán discriminación alguna basada en motivos étnicos, culturales, lingüísticos o religiosos. Harán asequible informa- ción que ayude a los grandes medios electrónicos de comunicación a tomar en cuenta en sus pro- gramas, la identidad étnica, cultural, lingüística y religiosa de las minorías nacionales.
Reafirman que el establecimiento y mantenimiento de contactos sin trabas entre personas perte- necientes a una minoría nacional, así como contactos a través de las fronteras con personas per- tenecientes a una minoría nacional con quien comparten un origen étnico o nacional, patrimonio cultural o creencia religiosa comunes, contribuye al entendimiento mutuo y fomenta las relacio- nes de buena vecindad.
Por consiguiente, fomentan los acuerdos de cooperación transfronteriza a nivel nacional, regional y local, entre otras cosas sobre los cruces de fronteras locales, la conservación de los monumentos y lugares culturales e históricos y las visitas a los mismos, el turismo, el mejoramiento del tráfico, la economía, el intercambio de jóvenes, la protección del medio ambiente y el establecimiento de comisiones regionales.
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Asimismo, fomentarán la creación de acuerdos oficiosos de trabajo (por ejemplo, talleres, comités dentro de los Estados participantes y entre ellos) en zonas donde vivan minorías nacionales, para discutir las cuestiones relativas al intercambio de experiencias y presentación de propuestas sobre cuestiones relacionadas con las minorías nacionales.
Con miras a mejorar su información sobre la verdadera situación de las minorías nacionales, los Estados participantes distribuirán, sobre una base voluntaria, por conducto de la Secretaría de la CSCE, información a otros Estados participantes sobre la situación de las minorías nacionales en sus respectivos territorios, así como declaraciones de política nacional a este respecto.
Los Estados participantes depositarán en la Secretaría de la CSCE copias de las contribuciones presentadas en las sesiones plenarias de la Reunión de Expertos sobre Minorías Nacionales de la CSCE que deseen dar a conocer al público.
VIII.
Los Estados participantes acogen con satisfacción la positiva contribución aportada por los repre- sentantes de las Naciones Unidas y del Consejo de Europa a las deliberaciones de la Reunión de Expertos sobre Minorías Nacionales de Ginebra. Toman nota de que la labor y las actividades de esas organizaciones seguirán conservando su importancia cuando la CSCE examine las cuestio- nes relativas a las minorías nacionales.
Los Estados participantes toman nota de que los mecanismos adecuados de la CSCE pueden con- tribuir a hacer frente a las cuestiones relativas a las minorías nacionales. Por otra parte,
recomiendan que la tercera Reunión de la Conferencia sobre la Dimensión Humana de la CSCE examine la posibilidad de ampliar el mecanismo de la dimensión humana. Promoverán la parti- cipación de personas en la protección de sus derechos, incluidos los derechos de las personas per- tenecientes a minorías nacionales.
Por último, los representantes de los Estados participantes piden al Secretario Ejecutivo de la Reu- nión que transmita el presente informe a la tercera Reunión de la Conferencia sobre la Dimen- sión Humana de la CSCE.
87 Documento de la Reunión de Moscú de la Conferencia sobre la Dimensión Humana de la CSCE Moscú 1991
(…)
Los Estados participantes reiteran su compromiso de aplicar plenamente todos los principios y dis- posiciones del Acta Final de la Conferencia sobre la Seguridad y la Cooperación en Europa, de la Carta de París para una Nueva Europa y demás documentos de la CSCE relativos a la dimensión humana, incluyendo, en particular, el Documento de la Reunión de Copenhague de la Conferen- cia sobre la Dimensión Humana de la CSCE, y están decididos a lograr aún mayores progresos en la aplicación de esas disposiciones dado que el pleno respeto de los derechos humanos y las liber- tades fundamentales y el desarrollo de sociedades basadas en una democracia pluralista y en el estado de derecho son requisitos previos para un orden duradero de paz, seguridad, justicia y coo- peración en Europa.
En este contexto, los Estados participantes destacaron que, de conformidad con el Acta Final de la Conferencia sobre la Seguridad y la Cooperación en Europa y la Carta de París para una Nueva Europa, la igualdad de derechos de los pueblos y su derecho a la libre determinación tienen que respetarse de conformidad con la Carta de las Naciones Unidas y con las normas pertinentes del derecho internacional, incluidas las relativas a la integridad territorial de los Estados.
En la Reunión de Moscú, los Estados participantes expresaron sus puntos de vista sobre el cum- plimiento de sus compromisos en la esfera de la dimensión humana. Estimaron que el grado de aplicación de los compromisos contenidos en las disposiciones pertinentes de los documentos de la CSCE había mostrado mejoras importantes desde la Reunión de Copenhague. Asimismo, con- sideraron que, a pesar de los importantes progresos realizados, siguen existiendo graves amenazas y violaciones de los principios y disposiciones de la CSCE, lo que tiene serios efectos sobre la eva- luación de la situación general en Europa. En particular, deploraron los actos de discriminación, hostilidad y violencia contra personas o grupos por motivos de carácter nacional, étnico o religioso. Por consiguiente, los Estados participantes expresaron la opinión de que, para el pleno logro de sus compromisos en la esfera de la dimensión humana, se requieren todavía constantes esfuerzos que se verían considerablemente facilitados gracias a los profundos cambios políticos ocurridos.
Los Estados participantes hacen hincapié en que las cuestiones relativas a los derechos huma- nos, las libertades fundamentales, la democracia y el estado de derecho son objeto de preocupa- ción internacional, dado que el respeto de esos derechos y libertades constituye una de las bases del orden internacional. Declaran categórica e irrevocablemente que los compromisos contraí- dos en el campo de la dimensión humana de la CSCE son asuntos de preocupación directa y legí- tima de todos los Estados participantes y no exclusivamente asuntos internos del Estado de que se trate. Expresan su determinación de cumplir todos sus compromisos en el campo de la dimen- sión humana y de solucionar por medios pacíficos cualquier problema conexo, individual y colec- tivamente, sobre la base del respeto mutuo y de la cooperación. A este respecto, reconocen que
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es esencial la participación activa de personas, grupos, organizaciones e instituciones para lograr constantes progresos en este sentido.
Los Estados participantes expresan su determinación colectiva de seguir protegiendo los derechos humanos y las libertades fundamentales y consolidar los progresos democráticos en sus territorios. Asimismo, reconocen la urgente necesidad de incrementar la eficacia de la CSCE cuando se ocupe de los problemas relativos a los derechos humanos que surjan en sus territorios en este momento de profundos cambios en Europa.
Con miras a reforzar y ampliar el mecanismo de la dimensión humana, descrito en la sección rela- tiva a la dimensión humana de la CSCE en el Documento de Clausura de la Reunión de Viena, y desarrollar y afirmar los compromisos contenidos en el Documento de la Reunión de Copenha- gue de la Conferencia sobre la Dimensión Humana de la CSCE, los Estados participantes adop- tan lo siguiente:
I
(1) Los Estados participantes destacan que el mecanismo de la dimensión humana descrito en los párrafos 1 a 4 de la sección sobre la dimensión humana de la CSCE del Documento de Clausura de Viena constituye un logro fundamental del proceso de la CSCE, que ha demostrado su utili- dad como método para fomentar el respeto de los derechos humanos, las libertades fundamenta- les, la democracia y el estado de derecho mediante el diálogo y la cooperación, y ha contribuido a la solución de cuestiones específicas pertinentes. Para seguir mejorando el cumplimiento de los compromisos de la CSCE en la dimensión humana, deciden aumentar la eficacia de este meca- nismo, y reforzarlo y ampliarlo según se indica en los párrafos siguientes.
(2) Los Estados participantes modifican los párrafos 42.1 y 42.2 del Documento de la Reunión de Copenhague por cuanto proporcionarán en el plazo de tiempo más breve posible, a más tardar transcurridos diez días, una respuesta escrita a las peticiones de información y a las solicitudes formuladas por escrito por otros Estados participantes en virtud del párrafo 1 del mecanismo de la dimensión humana. Con arreglo a lo dispuesto en el párrafo 2 del mecanismo de la dimensión humana, se celebrarán reuniones bilaterales lo antes posible, por lo general dentro de la semana siguiente a la fecha de la solicitud.
(3) Se establecerá sin demora en la Institución de la CSCE una lista de hasta tres expertos desig- nados por cada Estado participantes*. Los expertos serán personas eminentes, preferentemente experimentadas en la esfera de la dimensión humana, de las que cabe esperar un desempeño impar- cial de sus funciones.
El Consejo decidirá sobre la institución. Los expertos serán designados por un plazo de tres a seis años, a discreción del Estado que los designe, pero ningún experto cumplirá más de dos manda- tos consecutivos. Transcurridas cuatro semanas de la notificación de la designación por parte de la Institución de la CSCE, todo Estado participantes podrá formular reservas con respecto a no más de dos expertos cuya designación corresponda a otro Estado participantes. En este caso, el Estado que efectúe la designación podrá, en el plazo de cuatro semanas después de haber sido informado de dichas reservas, volver a considerar su decisión y designar otro (u otros) experto(s): si confirma la designación originalmente pretendida, el experto de que se trate no podrá participar en nin- gún procedimiento con respecto al Estado que haya formulado la reserva, salvo consentimiento expreso de dicho Estado.
* El Consejo decidirá sobre la institución.
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La lista será operativa tan pronto como se hayan designado 45 expertos.
(4) Todo Estado participantes podrá pedir la ayuda de una misión de la CSCE compuesta por hasta tres expertos, para ocuparse de la solución de cuestiones en su territorio relativas a la dimensión humana de la CSCE o contribuir a dicha solución. En estos casos, el Estado elegirá a la persona o personas de que se trate entre las que figuren en la lista. La misión de expertos no incluirá a nacio- nales o residentes del Estado participante de que se trate ni a ninguna de las personas que haya designado para la lista de expertos, ni tampoco a más de un nacional o residente de cada Estado en concreto.
El Estado invitante informará sin demora a la Institución de la CSCE cuando se haya establecido una misión de expertos, y la Institución a su vez lo notificará a todos los Estados participantes. Asimismo, cuando sea necesario, las instituciones de la CSCE proporcionarán apoyo adecuado a esa misión.
(5) La finalidad de las misiones de expertos es facilitar la solución de una cuestión o problema, en particular relativo a la dimensión humana de la CSCE. Estas misiones podrán reunir la información necesaria para realizar sus tareas y, cuando proceda, utilizar sus buenos oficios y servicios de media- ción para fomentar el diálogo y la cooperación entre las partes interesadas. El Estado de que se trate acordará con la misión el mandato concreto y, por consiguiente, podrá asignar nuevas funciones a la misión de expertos, entre otras, tareas de investigación y servicios de asesoramiento, con el fin de sugerir medios y procedimientos para facilitar la observancia de los compromisos de la CSCE.
(6) El Estado invitante cooperará plenamente con la misión de expertos y facilitará su labor. Con- cederá a la misión todas las facilidades necesarias para el ejercicio independiente de sus funcio- nes. Entre otras cosas, autorizará a la misión, a fin de que realice su labor, a que entre sin demora en su territorio, celebre discusiones y viaje libremente dentro de dicho territorio, y se reúna libre- mente con funcionarios, organizaciones no gubernamentales y cualquier grupo o persona de los que desee recibir información. La misión también podrá recibir información confidencial de indi- viduos, grupos u organizaciones sobre las cuestiones de que se ocupe. Los miembros de estas misio- nes respetarán el carácter confidencial de su labor.
Los Estados participantes se abstendrán de adoptar medidas contra personas, organizaciones o instituciones debido a su relación con la misión de expertos o a cualquier información a ella trans- mitida, públicamente disponible. El Estado invitante accederá a toda solicitud de una misión de expertos de ser acompañada por funcionarios del Estado, si la misión lo considera necesario para facilitar su labor o garantizar su seguridad.
(7) La misión de expertos presentará sus observaciones al Estado invitante lo antes posible, pre- ferentemente dentro de las tres semanas siguientes a la fecha del establecimiento de la misión. El Estado invitante transmitirá las observaciones de la misión, junto con una descripción de las medi- das que haya adoptado o desee adoptar al respecto, a los demás Estados participantes por medio de la Institución de la CSCE, a más tardar tres semanas después de presentadas las observaciones.
El Comité de Altos Funcionarios podrá examinar las observaciones y eventuales comentarios del Estado invitante, y considerar cualquier posible medida complementaria. Las observaciones y comentarios serán confidenciales hasta que se señalen a la atención de los Altos Funcionarios. Antes de que se distribuyan las observaciones, y los comentarios si los hubiere, no podrá desig- narse ninguna otra misión de expertos para el mismo asunto.
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(8) Asimismo, uno o más Estados participantes que haya(n) aplicado los párrafos 1 ó 2 del meca- nismo de la dimensión humana podrá(n) pedir que la Institución de la CSCE inquiera de otro Estado participante si estaría de acuerdo en invitar a una misión de expertos para ocuparse de una cuestión concreta, definida claramente en su territorio, en relación con la dimensión humana de la CSCE. Si el otro Estado participante acuerda invitar a una misión de expertos para la finalidad indicada, se aplicará el procedimiento señalado en los párrafos 4 a 7.
(9) Si un Estado participante a) ha formulado una petición a otro Estado participante en virtud del párrafo 8 y dicho Estado no ha establecido una misión de expertos en el plazo de los diez días siguientes a la fecha de la petición, o b) considera que la cuestión de que se trata no ha sido resuelta como consecuencia de una misión de expertos, dicho Estado, con el apoyo por lo menos de otros cinco Estados participantes, podrá proceder al establecimiento de una misión de hasta tres rela- tores de la CSCE. Esta decisión se comunicará a la Institución de la CSCE que la notificará sin demora al Estado interesado, así como a todos los demás Estados participantes.
(10) El Estado o los Estados solicitante(s) podrá(n) designar a una persona de la lista de expertos para que actúe en calidad de relator de la CSCE. El Estado demandado podrá, si así lo decide, en el plazo de los seis días siguientes a la notificación de la designación del relator por parte de la Insti- tución de la CSCE, designar otro relator entre los expertos de la lista. En este caso, los dos relatores designados, que no serán nacionales ni residentes de ninguno de los Estados interesados, ni per- sonas designadas para la lista de expertos por dichos Estados, designarán de común acuerdo y sin demora un tercer relator entre los expertos de la lista. En el caso de que no lleguen a un acuerdo en el plazo de ocho días, el funcionario de más alto grado del órgano de la CSCE designado por el Consejo nombrará un tercer relator, que no será nacional ni residente de ninguno de los Estados interesados, ni tampoco una persona designada para la lista de expertos por ninguno de los Esta- dos interesados. Las disposiciones de la segunda parte del párrafo 4 y de todo el párrafo 6 se apli- carán también a las misiones de relatores.
(11) El relator o relatores de la CSCE determinará(n) los hechos, informará(n) respecto de ellos y podrá(n) porporcionar consejo acerca de posibles soluciones para la cuestión planteada. El informe del relator o relatores, que contenga observaciones de hechos, propuestas o consejos, se presentará al Estado o Estados participante(s) interesado(s) y, a menos de que todos los Estados interesados acuerden otra cosa, a la Institución de la CSCE, a más tardar tres semanas después de que se haya designado el último relator. El Estado demandado presentará a la Institución de la CSCE sus even- tuales observaciones sobre el informe, a menos que todos los Estados interesados acuerden otra cosa, a más tardar tres semanas después de la fecha de presentación del informe.
La Institución de la CSCE transmitirá sin demora a todos los Estados participantes el informe y las eventuales observaciones del Estado demandado o cualquier otro Estado participante. El informe podrá figurar en el orden del día de la siguiente reunión ordinaria del Comité de Altos Funciona- rios, que podrá decidir posibles acciones complementarias. El informe será confidencial hasta que haya finalizado esa reunión del Comité. Antes de que se distribuya el informe no podrá designarse para la misma cuestión ningún otro relator.
(12) Si un Estado participantes considera que en otro Estado participante ha surgido una amenaza especialmente grave contra el cumplimiento de las disposiciones relativas a la dimensión humana de la CSCE podrá, con el apoyo de por lo menos otros nueve Estados participantes, iniciar el pro- cedimiento establecido en el párrafo 10. Se aplicarán las disposiciones del párrafo 11.
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(13) A petición de cualquier Estado participante, el Comité de Altos Funcionarios podrá decidir establecer una misión de expertos o de relatores de la CSCE. En estos casos el Comité determinará también si se aplicarán las disposiciones adecuadas de los párrafos anteriores.
(14) El Estado o Estados participante(s) que haya(n) pedido el establecimiento de una misión de expertos o de relatores sufragará(n) los gastos de dicha misión. En el caso de designación de exper- tos o relatores en cumplimiento de una decisión del Comité de Altos Funcionarios, los Estados participantes sufragarán los gastos con arreglo al baremo habitual de reparto de gastos. La Reu- nión de Continuidad de Helsinki de la CSCE examinará estos procedimientos.
(15) Ninguna de las disposiciones anteriores afectará en modo alguno al derecho de los Estados participantes a plantear en el marco del proceso de la CSCE toda cuestión relacionada con el cum- plimiento de cualquier compromiso de la CSCE, incluidos los compromisos relacionados con la dimensión humana de la CSCE.
(16) Al considerar la posibilidad de invocar los procedimientos de los párrafos 9 y 10 ó 12 rela- tivos a una persona individual, los Estados participantes deberían tener en cuenta si el caso de la persona de que se trate ya se encuentra sub judice en un procedimiento judicial internacional.
Toda referencia al Comité de Altos Funcionarios en el presente documento está sujeta a la deci- sión del Comité y del Consejo.
II
(17) Los Estados participantes (17.1) – condenan sin reserva a las fuerzas que tratan de tomar el poder de un gobierno represen- tativo de un Estado participante contra la voluntad del pueblo expresada en elecciones libres y jus- tas y contra el orden constitucional debidamente establecido; (17.2) – en caso de derrocamiento o de intento de derrocamiento por medios antidemocráticos de un gobierno legítimamente elegido de un Estado participante en la CSCE, apoyarán vigorosamente, de conformidad con la Carta de las Naciones Unidas, a los órganos legítimos de dicho Estado para el mantenimiento de los derechos humanos, la democracia y el estado de derecho, reconociendo su compromiso común para contrarrestar cualquier intento de derrocar esos valores básicos; (17.3) – reconocen la necesidad de proseguir sus esfuerzos pacíficos, en lo relativo a los derechos humanos, la democracia y el estado de derecho, en el contexto de la seguridad y la cooperación en Europa, individual y colectivamente, para hacer que los logros democráticos sean irreversibles y evitar retrocesos de las normas establecidas en los principios y disposiciones del Acta Final, el Documento de Clausura de Viena, el Documento de la Reunión de Copenhague, la Carta de París para una Nueva Europa y el presente documento.
(18) Estados participantes recuerdan su compromiso con respecto al estado de derecho que figura en el Documento de la Reunión de Copenhague y afirman su compromiso de apoyar y fomentar los principios de justicia que forman la base del estado de derecho. En particular, vuelven a rea- firmar que la democracia es un elemento inherente al estado de derecho y que el pluralismo es importante con respecto a las organizaciones políticas. (18.1) La legislación se formulará y adoptará como consecuencia de un proceso público que refleje la voluntad popular, directamente o mediante representantes electos. (18.2) Toda persona dispondrá de medios efectivos de recurrir contra las decisiones administrati- vas, a fin de garantizar el respeto de los derechos fundamentales y asegurar la integridad jurídica.
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(18.3) Con este mismo fin, habrá medios eficaces de recurso contra los reglamentos administrati- vos para los individuos afectados por ellos. (18.4) Los Estados participantes se esforzarán por facilitar el examen judicial de dichos reglamen- tos y decisiones.
(19) Los Estados participantes (19.1) – respetarán las normas internacionalmente reconocidas relativas a la independencia de los jueces y abogados y al funcionamiento imparcial de la judicatura incluyendo, entre otras, la Decla- ración Universal de Derechos Humanos y el Pacto Internacional de Derechos Civiles y Políticos; (19.2) – al aplicar normas y compromisos pertinentes asegurarán que se garantice la independen- cia del poder judicial y que esta independencia se incluya en la constitución o la legislación del país y sea respetada en la práctica, prestando especial atención a los Principios Básicos de la Indepen- dencia del Poder Judicial que, entre otras cosas, prevén lo siguiente: (i) prohibir influencias indebidas sobre los jueces; (ii) impedir la revisión de las decisiones judiciales por parte de las autoridades administrativas, salvo los derechos de las autoridades competentes de atenuar o conmutar penas impuestas por los jueces, de conformidad con la ley; (iii) proteger la libertad de expresión y de asociación de los jueces, sometida únicamente a restric- ciones que sean compatibles con sus funciones; (iv) garantizar que los jueces sean personas adecuadamente formadas y capacitadas, y elegidas de manera no discriminatoria; (v) garantizar la continuidad en el cargo y condiciones de servicio adecuadas, incluso en materia de ascenso de los jueces, cuando proceda; (vi) respetar las condiciones de inmunidad; (vii) garantizar que las medidas disciplinarias, la suspensión y la destitución de los jueces se esta- blezcan con arreglo a la ley.
(20) Para el fomento de la independencia del poder judicial, los Estados participantes (20.1) – reconocerán la importante función que las asociaciones nacionales e internacionales de jueces y abogados pueden realizar para fortalecer el respeto de la independencia de sus miembros y facilitar enseñanza y capacitación sobre la función del poder judicial y la profesión jurídica en la sociedad; (20.2) – promoverán y facilitarán el diálogo, los intercambios y la cooperación entre las asociacio- nes nacionales y otros grupos interesados en garantizar el respeto de la independencia del poder judicial y la protección de los abogados; (20.3) – cooperarán entre sí, entre otras cosas, mediante el diálogo, contactos e intercambios, con miras a identificar las esferas en que haya problemas relativos a la protección de la independen- cia de jueces y abogados, y a elaborar medios para ocuparse de dichos problemas y resolverlos; (20.4) – cooperarán permanentemente en esferas tales como la enseñanza y capacitación de jueces y abogados, así como en la preparación y promulgación de leyes encaminadas a fortalecer el res- peto de su independencia y el funcionamiento imparcial del servicio judicial público.
(21) Los Estados participantes (21.1) – tomarán todas las medidas necesarias para garantizar que, en el mantenimiento del orden público, el personal encargado de la aplicación de la ley actúe en interés general, responda a una
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necesidad específica y persiga un fin legítimo; y que utilice medios proporcionales a las circuns- tancias que no sobrepasen las necesidades de la aplicación de la ley; (21.2) – asegurarán que los actos relativos a la aplicación de la ley estén sujetos a control judicial, que el personal encargado de la aplicación de la ley sea responsable de sus actos y que las vícti- mas de actos cometidos en violación de los compromisos anteriormente indicados puedan pedir indemnización, de conformidad con el derecho interno.
(22) Los Estados participantes adoptarán medidas adecuadas para garantizar que la educación y la información relativas a la prohibición del abuso de la fuerza por el personal encargado de la apli- cación de la ley, así como los códigos de conducta internacionales y nacionales pertinentes, figu- ren en la formación de ese personal.
(23) Los Estados participantes tratarán a todas las personas privadas de libertad con humanidad y el respeto debido a la dignidad inherente a toda persona humana y respetarán las normas reco- nocidas internacionalmente que se refieran a la administración de justicia y a los derechos huma- nos de las personas detenidas. (23.1) Los Estados participantes garantizarán que (i) nadie sea privado de su libertad salvo por razones estipuladas por la ley y de conformidad con procedimientos legales; (ii) toda persona detenida sea rápidamente informada, en un idioma que le sea comprensible, de la razón de su detención, y que se le informe de los cargos que haya en contra suya; (iii) toda persona que haya sido privada de libertad sea rápidamente informada de sus derechos de conformidad con el derecho nacional; (iv) toda persona detenida o presa tenga derecho a comparecer rápidamente ante un juez u otro funcionario autorizado por la ley para determinar la legalidad de su arresto o detención, y sea libe- rada sin demora si tales medidas fueran declaradas ilegales; (v) toda persona acusada de un delito penal tenga derecho a defenderse por sí misma o por medio de un abogado de su propia elección o, si no dispone de medios suficientes para pagar asistencia jurídica, que se le otorgue gratuitamente cuando el interés de la justicia así lo requiera; (vi) toda persona detenida o presa tenga derecho a notificar, sin demora indebida, a las personas de su elección, su arresto, detención o prisión y su paradero, o a exigir que la autoridad compe- tente efectúe esa notificación; cualquier restricción al ejercicio de este derecho será prescrita por la ley y estará en conformidad con normas internacionales; (vii) se adopten, si no se ha hecho ya, medidas efectivas para garantizar que los órganos encarga- dos de la aplicación de la ley no aprovechen indebidamente la situación de una persona detenida o privada de libertad con el fin de obligarla a confesar o incriminarse, o forzarla a testimoniar en contra de otra persona; (viii) se registre y certifique la duración de los interrogatorios y los intervalos entre ellos, de con- formidad con el derecho interno; (ix) toda persona detenida, o su abogado, tenga derecho a formular una petición o queja con res- pecto al trato recibido, en particular cuando haya habido tortura u otros tratos crueles, inhuma- nos o degradantes, ante las autoridades responsables de la administración del lugar de la detención y ante autoridades superiores y, cuando proceda, ante las autoridades adecuadas que tengan poder de revisión o recurso; (x) dicha petición o queja sea despachada rápidamente y se le dé contestación sin indebida demora; si la petición o queja fuera rechazada o en caso de demora anormal, el demandante estará autorizado
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a someterla ante una autoridad judicial u otra; ni la persona detenida o privada de libertad ni el demandante sufrirán perjuicio por formular una petición o queja;
(xi) toda persona que haya sido víctima de un arresto o detención ilegales tendrá derecho legal- mente exigible a pedir compensación. (23.2) Los Estados participantes (i) se esforzarán por adoptar medidas, según proceda, encaminadas a mejorar las condiciones de las personas detenidas o privadas de libertad; (ii) prestarán especial atención a la cuestión de las alternativas a la prisión.
(24) Los Estados participantes reafirman el derecho a que se garantice la protección de la vida familiar y privada, del domicilio, de la correspondencia y de las comunicaciones electrónicas. Para evitar toda injerencia abusiva o arbitraria del Estado en la esfera personal del individuo, que sería perjudicial para la sociedad democrática, el ejercicio del derecho antes mencionado sólo estará sometido a restricciones si están previstas por la ley y son compatibles con las normas en materia de derechos humanos internacionalmente reconocidas. En particular, los Estados participantes asegurarán que los registros y detenciones de personas y los registros y detenciones de personas y los registros de locales y propiedad privada sólo se lleven a cabo de conformidad con normas judicialmente aplicables.
(25) Los Estados participantes (25.1) – garantizarán que sus fuerzas militares y paramilitares, servicios de seguridad interna y de inteligencia, y policía estén sujetos a la dirección efectiva y al control de las autoridades civi- les adecuadas; (25.2) – mantendrán y, si procede, reforzarán el control ejecutivo sobre el empleo de las fuerzas militares y paramilitares, así como sobre las actividades de los servicios de seguridad interna e inteligencia y la policía; (25.3) – adoptarán medidas para crear, cuando no existan todavía, y mantener acuerdos efectivos para una supervisión legislativa de todas esas fuerzas, servicios y actividades.
(26) Estados participantes reafirman el derecho a la libertad de expresión, incluidos el derecho de comunicación y el derecho de los medios de comunicación a reunir, relatar y difundir informa- ción, noticias y opiniones. Cualquier restricción al ejercicio de este derecho será prescrita por la ley y estará en conformidad con normas internacionales. Asimismo, reconocen que los medios de comunicación independientes son esenciales para las sociedades libres y abiertas y los sistemas de gobierno responsables y tienen particular importancia para la salvaguardia de los derechos huma- nos y las libertades fundamentales. (26.1) Consideran que los medios de comunicación impresos y radiodifundidos en su territorio deberían tener acceso ilimitado a las noticias y servicios de información extranjeros. El público dis- frutará de similar libertad para recibir y difundir información e ideas sin injerencias de las auto- ridades públicas y sin consideración de fronteras, incluso por medio de publicaciones y emisiones de radio extranjeras. Toda restricción del ejercicio de este derecho se establecerá por ley y de con- formidad con normas internacionales. (26.2) Los Estados participantes permitirán, sin discriminación alguna, a los medios de comuni- cación independientes el acceso a la información, materiales e instalaciones y servicios.
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(27) Los Estados participantes (27.1) – expresan su intención de cooperar en materia de derecho constitucional administrativo, mercantil, civil y bienestar social, así como en otras esferas pertinentes, a fin de desarrollar, par- ticularmente en los Estados en que todavía no existan sistemas jurídicos basados en el respeto de los derechos humanos, el estado de derecho y la democracia; (27.2) – con este fin, prevén que continúe y se incremente la cooperación bilateral y multilateral en materia jurídica y administrativa, entre otras, en las siguientes esferas: • elaboración de un sistema administrativo eficiente; • asistencia en la formulación de leyes y reglamentos; • formación de personal jurídico y administrativo; • intercambio de obras y publicaciones periódicas jurídicas.
(28) Los Estados participantes consideran importante proteger los derechos humanos y las liber- tades fundamentales durante un estado de emergencia pública, tomar en cuenta las disposiciones pertinentes del Documento de la Reunión de Copenhague y cumplir los convenios internaciona- les en que sean parte. (28.1) Los Estados participantes reafirman que un estado de emergencia pública sólo puede justi- ficarse por circunstancias excepcionales y sumamente graves, de conformidad con las obligacio- nes internacionales del Estado y los compromisos de la CSCE. Un estado de emergencia pública no podrá utilizarse para trastornar el orden democrático constitucional ni orientarse a la des- trucción de los derechos humanos y libertades fundamentales internacionalmente reconocidos. Si no es posible evitar recurrir a la fuerza, su utilización tendrá que ser razonable y limitada en la mayor medida posible. (28.2) Un estado de emergencia pública sólo podrá proclamarlo un órgano constitucionalmente legítimo, debidamente facultado para ello. En los casos en que la decisión de proclamar un estado de emergencia pública pueda ser adoptada legalmente por el poder ejecutivo, esa decisión deberá estar sujeta a la aprobación de los órganos legislativos en el más breve tiempo posible o a su con- trol por los mismos. (28.3) La decisión de declarar un estado de emergencia pública se proclamará oficial y pública- mente y de conformidad con las disposiciones estipuladas por la ley. La decisión, cuando sea posi- ble, indicará los límites territoriales a que se aplica el estado de emergencia pública. El Estado de que se trate pondrá, sin demora, a disposición de sus ciudadanos información sobre las medidas que hayan sido adoptadas. El estado de emergencia pública se levantará tan pronto como sea posible y no permanecerá vigente más tiempo del estrictamente requerido por las exigencias de la situación. (28.4) No se permitirá imponer o mantener un estado de emergencia de facto que no se conforme a las disposiciones establecidas por la ley. (28.5) Los Estados participantes tratarán de asegurar que se garantice en el más alto grado posi- ble durante un estado de emergencia pública el funcionamiento normal de los órganos legislativos. (28.6) Los Estados participantes confirman que cualquier derogación de las obligaciones relativas a los derechos humanos y las libertades fundamentales durante un estado de emergencia pública debe permanecer estrictamente dentro de los límites impuestos por el derecho internacional, en particular por los instrumentos internacionales pertinentes a los que estén vinculados, de manera especial en lo que respecta a derechos que no sean derogables. (28.7) Los Estados participantes procurarán no derogar las obligaciones que, con arreglo a los con- venios internacionales en los que son parte, sea posible derogar en caso de emergencia pública. Las medidas de derogación de esas obligaciones deberán tomarse en estricta conformidad con las
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exigencias de procedimiento estipuladas en dichos instrumentos. Esas medidas no se prosegui- rán ni permanecerán vigentes por más tiempo que el estrictamente requerido por las exigencias de la situación; son por naturaleza medidas excepcionales y deberían interpretarse y aplicarse con moderación. Dichas medidas no impondrán discriminaciones solamente por motivos de raza, color, sexo, idioma, religión, origen social o pertenencia a una minoría. (28.8) Los Estados participantes procurarán asegurar que durante un estado de emergencia pública permanezcan vigentes las garantías jurídicas necesarias para mantener el estado de derecho. Pro- curarán que en su legislación se prevea el control de los reglamentos referentes al estado de emer- gencia pública, así como de la aplicación de dichos reglamentos. (28.9) Los Estados participantes se esforzarán por mantener la libertad de opinión y la libertad de información, de conformidad con sus obligaciones y compromisos internacionales, a fin de permitir un debate público sobre la observancia de los derechos humanos y las libertades funda- mentales y el levantamiento del estado de emergencia pública. De conformidad con las normas internacionales relativas a la libertad de expresión, no tomarán medidas encaminadas a impedir a los periodistas el legítimo ejercicio de su profesión salvo las estrictamente requeridas por las exi- gencias de la situación.
(28.10) Cuando se haya declarado o levantado un estado de emergencia pública en un Estado par- ticipante, el Estado de que se trate informará inmediatamente a la Institución de la CSCE* de esta decisión, así como de cualquier derogación hecha a las obligaciones y compromisos del Estado en materia de derechos humanos. La Institución informará sin demora a los demás Estados partici- pantes.
(29) El Consejo decidirá sobre la institución. Estados participantes, reconociendo su interés común en fomentar los contactos e intercambios de información entre ombudsmen y otras instituciones a las que se confíe funciones similares de investigación de las reclamaciones individuales de ciu- dadanos contra las autoridades públicas, toman nota con satisfacción del ofrecimiento de España de acoger una reunión de ombudsmen.
(30) Estados participantes sugieren que en los foros adecuados de la CSCE se estudie la posibili- dad de ampliar las funciones de la Oficina pro Elecciones Libres para que pueda ayudar a reforzar las instituciones democráticas en los Estados participantes.
(31) Estados participantes reconocen la amplia experiencia y conocimientos prácticos del Consejo de Europa en materia de derechos humanos. Acogen complacidos su contribución al fortaleci- miento de la democracia en Europa, incluida su buena voluntad de poner su experiencia a dispo- sición de la CSCE.
III
(32) Estados participantes reiteran su firme compromiso respecto de los principios y disposicio- nes que figuran en el Acta Final, el Documento de Clausura de Viena y otros documentos perti- nentes de la CSCE, con arreglo a los cuales se comprometieron, entre otras cosas, a respetar los derechos humanos y las libertades fundamentales y velar por que se garanticen a toda persona sin distinción de ninguna clase.
(33) Estados participantes suprimirán todas las restricciones jurídicas y de otra índole con respecto a los viajes dentro de sus territorios de sus propios nacionales y de los extranjeros y con respecto
* El Consejo decidirá sobre la institución.
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a la residencia de las personas autorizadas a residir permanentemente, excepto las restricciones que puedan ser necesarias y oficialmente declaradas por causa de intereses militares, de seguridad, eco- lógicos u otros intereses públicos legítimos, de conformidad con sus leyes nacionales, compatibles con los compromisos de la CSCE y obligaciones internacionales en materia de derechos humanos. Los Estados participantes mantendrán al mínimo esas restricciones.
(34) Estados participantes adoptarán, cuando proceda, todas las medidas posibles para la pro- tección de los periodistas que se encuentren en misión profesional peligrosa, particularmente en casos de conflictos armados, y cooperarán entre sí a tal efecto. Esas medidas incluirán buscar a los periodistas desaparecidos, investigar su destino, prestarles ayuda adecuada y facilitar su retorno entre sus familias.
(35) Estados participantes reafirman que la garantía de libertad de creación artística y conserva- ción de patrimonio cultural forman parte de la dimensión humana de la CSCE. Consideran que la vida cultural e intelectual independiente es decisiva para el mantenimiento de sociedades libres e instituciones democráticas. Cumplirán sus compromisos en la esfera cultural tal como se establece en el Documento del Simposio de Cracovia sobre el Patrimonio Cultural y expresan la opinión de que las cuestiones culturales, incluyendo la libertad, la creatividad y la cooperación culturales, deberían seguir considerándose en el marco de la CSCE.
(36) Estados participantes recuerdan su compromiso del Documento de Clausura de Viena de mantener en consideración la cuestión de la abolición de la pena de muerte y reafirman su com- promiso del Documento de la Reunión de Copenhague de intercambiar información sobre la cues- tión de la abolición de la pena de muerte y facilitar al público información relativa a la aplicación de la pena de muerte. (36.1) Toman nota de (i) que el Segundo Protocolo Facultativo del Pacto Internacional de Derechos Civiles y Políticos cuya finalidad es la abolición de la pena de muerte entró en vigor el 11 de julio de 1991; (ii) que recientemente varios Estados participantes han adoptado medidas encaminadas a abo- lir la pena capital; (iii) las actividades de varias organizaciones no gubernamentales relativas a la cuestión de la abo- lición de la pena de muerte.
(37) Los Estados participantes confirman las disposiciones y compromisos que figuran en todos los documentos de la CSCE, en particular en el Documento de la Reunión de Copenhague de la Conferencia sobre la Dimensión Humana de la CSCE, respecto de las cuestiones relacionadas con las minorías nacionales y los derechos de las personas a ellas pertenecientes, y en el Informe de la reunión de Ginebra de Expertos sobre Minorías Nacionales de la CSCE, e instan a su plena y rápida aplicación. Están convencidos de que, en particular, la utilización de los nuevos y ampliados meca- nismos y procedimientos de la CSCE contribuirá a favorecer la protección y fomento de los dere- chos de las personas pertenecientes a las minorías nacionales.
(38) Los Estados participantes reconocen la necesidad de garantizar que se respeten plenamente los derechos de los trabajadores migrantes y de sus familias legalmente residentes en los Estados participantes y subrayan su derecho a expresar libremente sus características étnicas, culturales, religiosas y lingüísticas. El ejercicio de esos derechos podrá estar sujeto a las restricciones prescri- tas por la ley y conformes a las normas internacionales. (38.1) Condenan todos los actos de discriminación, so pretexto de raza, color y origen étnico, así como la intolerancia y xenofobia contra los trabajadores migrantes. Tomarán, de conformidad con
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el derecho nacional y las obligaciones internacionales, medidas efectivas para fomentar la toleran- cia, la comprensión, la igualdad de oportunidades y el respeto de los derechos humanos funda- mentales de los trabajadores migrantes y adoptarán, si no lo han hecho ya, medidas encaminadas a prohibir actos que constituyan incitación a la violencia basada en discriminación de índole nacio- nal, racial, étnica o religiosa, hostilidad u odio. (38.2) Adoptarán medidas adecuadas que permitan a los trabajadores migrantes participar en la vida de la sociedad de los Estados participantes. (38.3) Toman nota de que las cuestiones que se refieren a la dimensión humana de los trabajado- res migrantes residentes en su territorio podrán, como cualquier otra cuestión de la dimensión humana, plantearse con arreglo al mecanismo de la dimensión humana. (38.4) Recomiendan que la CSCE en su labor futura sobre la dimensión humana, examine los medios adecuados de celebrar debates centrados en todas las cuestiones relacionadas con los tra- bajadores migrantes, incluidas entre otras cosas la familiarización con el idioma y la vida social del país de que se trate.
(39) Los Estados participantes (39.1) – incrementarán su capacidad de preparación y cooperarán plenamente para permitir que las operaciones de socorro se emprendan rápida y eficazmente; (39.2) – tomarán todas las medidas necesarias para facilitar un acceso rápido y sin obstáculos a las zonas afectadas para efectuar operaciones de socorro humanitario; (39.3) – adoptarán las disposiciones necesarias para llevar a cabo esas operaciones de socorro.
(40) Los Estados participantes reconocen que la plena y verdadera igualdad entre hombres y mujeres es un aspecto fundamental de una sociedad justa y democrática basada en el estado de derecho. Reco- nocen que el pleno desarrollo de la sociedad y el bienestar de todos sus miembros requieren igual- dad de oportunidades para una plena e igual participación de hombres y mujeres. En este contexto (40.1) – velarán por que todos los compromisos contraídos en el marco de la CSCE relativos a la protección y fomento de los derechos humanos y de las libertades fundamentales se apliquen ple- namente y sin discriminación por razón de sexo; (40.2) – cumplirán plenamente las disposiciones de la Convención sobre la eliminación de todas las formas de discriminación contra la mujer, si son partes en ella, y, si todavía no lo son, conside- rarán la posibilidad de ratificar dicha Convención o adherirse a la misma; los Estados que hayan ratificado dicha Convención o se hayan adherido a ella formulando reservas, considerarán la posi- bilidad de retirarlas; (40.3) – cumplirán efectivamente las obligaciones establecidas en los instrumentos internacionales en que sean partes y adoptarán medidas adecuadas para aplicar las Estrategias orientadas hacia el futuro para el adelanto de la mujer (Naciones Unidas, Nairobi); (40.4) – afirman que su objetivo es alcanzar, no sólo de derecho sino también de hecho, la igualdad de oportunidades entre hombres y mujeres, y fomentar la adopción de medidas efectivas para tal fin; (40.5) – establecerán o fortalecerán, según convenga, el mecanismo nacional destinado al pro- greso de la mujer con el fin de garantizar que los programas y políticas se evalúen en función de sus consecuencias para la mujer; (40.6) – establecerán o fortalecerán, según convenga, el mecanismo nacional destinado al pro- greso de la mujer con el fin de garantizar que los programas y políticas se evalúen en función de sus consecuencias para la mujer; alentarán la adopción de medidas efectivas para garantizar ple- namente las oportunidades económicas de la mujer, incluidas políticas y prácticas de empleo no
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discriminatorias, igualdad de acceso a la educación y formación, y medidas destinadas a facilitar la combinación del empleo con las responsabilidades familiares de los trabajadores, tanto muje- res como hombres; y tratarán de garantizar que las políticas y programas de ajuste estructural no tengan efectos discriminatorios perjudiciales para la mujer; (40.7) – tratarán de eliminar todas las formas de violencia contra las mujeres y todas las formas de trata de mujeres y de explotación de la prostitución femenina, incluso estableciendo prohibiciones jurídicas adecuadas contra esos actos y otras medidas adecuadas; (40.8) – alentarán y fomentarán la igualdad de oportunidades para la plena participación de la mujer en todos los aspectos de la vida política y pública, en los procesos de adopción de decisio- nes y en la cooperación internacional en general; (40.9) – reconocerán el papel fundamental que las mujeres y las organizaciones femeninas desem- peñan en los esfuerzos nacionales e internacionales destinados a fomentar y mejorar los derechos de la mujer, entre otras cosas, proporcionando servicios y apoyo directos a las mujeres y alen- tando una asociación significativa entre los gobiernos y dichas asociaciones con el fin de fomen- tar la igualdad de la mujer; (40.10) – reconocerán la valiosa contribución de la mujer a todos los aspectos de la vida política, cultural, social y económica, y fomentarán un amplio entendimiento de lo que son esas contribu- ciones, incluso en los sectores no estructurado y no remunerado; (40.11) – adoptarán medidas para que la información relativa a la mujer y a los derechos de la mujer en virtud del derecho interno y el derecho internacional sea fácilmente accesible; (40.12) – desarrollarán políticas educativas compatibles con sus sistemas constitucionales para apoyar la participación de la mujer en todas las esferas de estudio y trabajo, incluidas las no tradi- cionales, y alentarán y fomentarán un mayor entendimiento de las cuestiones relativas a la igual- dad entre hombres y mujeres; (40.13) – garantizarán la compilación y el análisis de datos para evaluar adecuadamente, super- visar y mejorar la situación de la mujer; estos datos no deberían contener información personal.
(41) Los Estados participantes deciden (41.1) – asegurar la protección de los derechos humanos de las personas con discapacidad; (41.2) – adoptar medidas encaminadas a asegurar que tales personas gocen de igualdad de opor- tunidades para participar plenamente en la vida de sus sociedades; (41.3) – favorecer la participación apropiada de esas personas en el proceso de adopción de deci- siones en las esferas que les atañen; (41.4) – facilitar servicios y formación profesional de asistentes sociales para la rehabilitación pro- fesional y social de las personas con discapacidad; (41.5) – fomentar condiciones favorables para el acceso de las personas con discapacidad a los edi- ficios y servicios públicos, viviendas, transportes y actividades culturales y recreativas.
(42) Los Estados participantes (42.1) – afirman que la educación en materia de derechos humanos es fundamental y que, por lo tanto, es indispensable que sus ciudadanos reciban educación acerca de los derechos humanos y las libertades fundamentales y acerca del compromiso de respetar esos derechos y libertades que figu- ran en la legislación nacional y en los instrumentos internacionales de los que pudieran ser partes; (42.2) – reconocen que la educación efectiva en materia de derechos humanos contribuye a com- batir la intolerancia, los prejuicios y el odio religiosos, étnicos y raciales, inclusive contra el grupo romaní (gitanos), la xenofobia y el antisemitirsmo;
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(42.3) – alentarán a sus autoridades competentes encargadas de los programas de educación para que elaboren programas de estudio y cursos efectivos sobre derechos humanos para estudiantes de todos los niveles, particularmente estudiantes de derecho, administración y ciencias sociales, así como para los que asisten a escuelas militares, de policía y de administración pública; (42.4) – pondrán a disposición de sus educadores la información relativa a todas las disposiciones sobre la dimensión humana de la CSCE; (42.5) – alentarán a las organizaciones y a las instituciones educativas a que cooperen en el estableci- miento e intercambio de programas de derechos humanos, tanto a nivel nacional como internacional; (42.6) – procurarán garantizar que las actividades emprendidas con miras a fomentar la educación en materia de derechos humanos en el sentido más amplio tengan en cuenta la experiencia, pro- gramas y formas de cooperación de los órganos internacionales existentes, gubernamentales y no gubernamentales, tales como las Naciones Unidas y el Consejo de Europa.
(43) Estados participantes reconocerán como organizaciones no gubernamentales a las que se declaren como tales, de conformidad con los procedimientos nacionales existentes, y facilitarán la capacidad de esas organizaciones para llevar a cabo libremente sus actividades en sus territo- rios; con tal fin (43.1) – tratarán de buscar medios de seguir fortaleciendo las modalidades de contacto e inter- cambio de puntos de vista entre organizaciones no gubernamentales y las autoridades nacionales y las instituciones gubernamentales pertinentes; (43.2) – tratarán de facilitar las visitas a sus países de organizaciones no gubernamentales de cua- lesquiera de los países participantes con miras a observar las condiciones de la dimensión humana; (43.3) – aceptarán con agrado las actividades de las organizaciones no gubernamentales inclu- sive, entre otras, la observación del cumplimiento de los compromisos de la CSCE en la esfera de la dimensión humana; (43.4) – permitirán que las organizaciones no gubernamentales, habida cuenta de su importante función en la dimensión humana de la CSCE, expongan sus opiniones ante sus propios gobier- nos y los gobiernos de los demás Estados participantes durante la labor futura de la CSCE sobre la dimensión humana. (43.5) Durante la labor futura de la CSCE sobre la dimensión humana, las organizaciones no guber- namentales tendrán la posibilidad de distribuir a todas las delegaciones contribuciones escritas sobre cuestiones específicas de la dimensión humana de la CSCE. (43.6) La Secretaría de la CSCE, en el marco de los recursos a su disposición, responderá favora- blemente a las peticiones de documentos no reservados de la CSCE formuladas por organizacio- nes no gubernamentales. (43.7) Las directrices para la participación de las organizaciones no gubernamentales en la labor futura de la CSCE sobre la dimensión humana podrían incluir, entre otras cosas, lo siguiente: (i) otorgar para su utilización por las organizaciones no gubernamentales un espacio común en los lugares de celebración de las reuniones, o en sus proximidades inmediatas, así como acceso razonable, a sus expensas, a las instalaciones y servicios técnicos, inclusive máquinas fotocopia- doras, teléfonos y telefax; (ii) informar e instruir oportunamente a las organizaciones no gubernamentales sobre la apertura y procedimientos de acceso a dichas reuniones; (iii) seguir alentando a las delegaciones en las reuniones de la CSCE a que incluyan en las mismas a miembros de organizaciones no gubernamentales o los inviten a dichas reuniones.
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Los Estados participantes recomiendan que la Reunión de Continuidad de Helsinki considere la posibilidad de establecer esas directrices. (…)
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Praga 1992
(…)
III
Dimensión humana
6. Los Ministros acordaron que la vigilancia y el fomento de los progresos en la esfera de la dimen- sión humana sigue siendo una función clave de la CSCE.
7. Por consiguiente, las cuestiones relativas a la dimensión humana serán examinadas por el Con- sejo o el Comité de Altos Funcionarios siempre que sea necesario.
8. Por otra parte, el Comité de Altos Funcionarios podrá decidir también la celebración de reu- niones de corta duración para ocuparse de cuestiones claramente definidas. Los resultados de esas reuniones se presentarán al Consejo por conducto del Comité de Altos Funcionarios para su exa- men o decisión, según proceda.
9. Con el fin de ampliar la cooperación práctica entre los Estados participantes en materia de dimen- sión humana, los Ministros decidieron otorgar funciones adicionales a la Oficina pro Elecciones Libres, que se denominará en adelante Oficina de Instituciones Democráticas y Derechos Humanos.
10. La Oficina, bajo la dirección general del CAF, debería, entre otras cosas: • organizar una breve reunión de la CSCE en la sede de la Oficina de Instituciones Democráti- cas y Derechos Humanos para ocuparse de la aplicación de los compromisos de la dimensión humana de la CSCE todos los años en que no se celebre una reunión de continuidad. La Reu- nión de Continuidad de Helsinki elaborará las modalidades de organización de esas reuniones; • servir de marco institucional para compartir e intercambiar información sobre asistencia téc- nica, conocimientos prácticos y programas nacionales e internacionales dirigidos a ayudar a las nuevas democracias en la creación de instituciones; • facilitar los contactos entre los que ofrecen esos recursos y los que desean utilizarlos; • desarrollar la cooperación con el Consejo de Europa para utilizar su base de datos de esos recur- sos y servicios; • establecer contactos con organizaciones no gubernamentales que intervengan en el campo de la creación de instituciones democráticas, con miras a que los Estados participantes puedan utili- zar sus vastos recursos y conocimientos prácticos;
103 Praga 1992
• facilitar la cooperación en materia de formación y educación en disciplinas pertinentes para las instituciones democráticas; • organizar reuniones y seminarios entre todos los Estados participantes sobre temas relacionados con la creación y revitalización de instituciones democráticas, tales como un seminario de breve duración sobre los medios de comunicación libres y, en el momento oportuno, otro sobre migra- ción. Estas reuniones y seminarios se celebrarán en Varsovia a menos que se decida otra cosa.
11. Para evitar duplicación de esfuerzos, especialmente en los campos arriba mencionados, los Minis- tros dieron instrucciones a la Oficina para que trabajara en estrecha relación con otras instituciones que intervienen en la esfera de la creación de instituciones democráticas y de los derechos huma- nos, en particular el Consejo de Europa y la Comisión Europea para la Democracia por el Derecho.
12. El CAF examinará anualmente la necesidad de reuniones y seminarios sobre la dimensión humana y las instituciones democráticas y establecerá un programa de trabajo.
13. Los Ministros pidieron que la Reunión de Continuidad de Helsinki especificara más detalla- damente las tareas de la Oficina de Varsovia y decidiera la manera en que podrían seguir lleván- dose a cabo las actividades de la CSCE en materia de dimensión humana.
14. Se designa a la Oficina de Instituciones Democráticas y Derechos Humanos como institu- ción de la CSCE encargada de las labores relativas a las misiones de expertos y relatores según el Documento de la Reunión de Moscú de la Conferencia sobre la Dimensión Humana de la CSCE.
15. La Oficina de Instituciones Democráticas y Derechos Humanos estará conectada a la red de comunicaciones de la CSCE.
IV
Salvaguardia de los derechos humanos, la democracia y el estado de derecho
16. Con el fin de seguir desarrollando la capacidad de la CSCE de salvaguardar los derechos huma- nos, la democracia y el estado de derecho por medios pacíficos, el Consejo decidió que el propio Consejo o el Comité de Altos Funcionarios, en caso necesario sin el consentimiento del Estado interesado, pueda adoptar medidas adecuadas en casos de violaciones claras, graves y no corregi- das de los compromisos pertinentes de la CSCE. Estas medidas consistirían en declaraciones polí- ticas u otras medidas políticas aplicables fuera del territorio del Estado en cuestión. Esta decisión se entenderá sin perjuicio de los mecanismos existentes de la CSCE.
17. El Consejo pidió que la Reunión de Continuidad de Helsinki considere ulteriores modalidades para la aplicación de esta decisión.
VIII
Organizaciones no gubernamentales
42. El Consejo pide que la Reunión de Continuidad de Helsinki refuerce las relaciones entre la CSCE y las organizaciones no gubernamentales, con el fin de aumentar el papel de las organiza- ciones no gubernamentales en la aplicación de objetivos y compromisos de la CSCE. En especial, la Reunión de Continuidad desarrollará oportunidades y procedimientos para una participación significativa de las organizaciones no gubernamentales en la CSCE, así como posibilidades para
104 Praga 1992
que las organizaciones no gubernamentales comuniquen con las estructuras e instituciones de la CSCE, teniendo en cuenta entre otras cosas los textos sobre las organizaciones no gubernamenta- les acordados en las Reuniones de Sofía y Moscú y en el Seminario de Oslo. (…)
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Helsinki 1992
Declaración de la Cumbre de Helsinki
Promesas y problemas del cambio (…)
6. Nos congratulamos del compromiso de todos los Estados participantes con respecto a nuestros valores compartidos. El respeto de los derechos humanos y de las libertades fundamentales, inclu- sive los derechos de las personas pertenecientes a minorías nacionales, la democracia, el estado de derecho, la libertad económica, la justicia social y la responsabilidad medioambiental son nues- tros objetivos comunes. Son inmutables. La adhesión a nuestros compromisos constituye la base de la participación y la cooperación en la CSCE y una piedra angular para el ulterior desarrollo de nuestras sociedades.
7. Reafirmamos la validez de los principios rectores y de los valores comunes contenidos en el Acta Final de Helsinki y en la Carta de París, expresión de las responsabilidades de los Estados entre sí y de los gobiernos hacia sus pueblos. Son la conciencia colectiva de nuestra comunidad. Recono- cemos nuestra responsabilidad mutua en su cumplimiento. Subrayamos los derechos democráti- cos de los ciudadanos a exigir de sus gobiernos el respeto de esos valores y normas.
8. Destacamos que los compromisos contraídos en la esfera de la dimensión humana de la CSCE son asuntos de preocupación directa y legítima de todos los Estados participantes y no exclusiva- mente asuntos internos del Estado de que se trate. La protección y la promoción de los derechos humanos y las libertades fundamentales y la consolidación de las instituciones democráticas siguen siendo un fundamento esencial de nuestra seguridad integral. (…)
12. Estamos en un momento prometedor, pero también en un momento de inestabilidad e inse- guridad. La recesión de la economía, la tensión social, el nacionalismo agresivo, la intolerancia, la xenofobia y los conflictos étnicos amenazan la estabilidad en la región de la CSCE. Las flagran- tes violaciones de los compromisos de la CSCE en materia de derechos humanos y libertades fun- damentales, incluidos los relativos a las minorías nacionales, plantean una amenaza especial a la evolución pacífica de la sociedad, en las nuevas democracias, sobre todo.
Queda todavía mucho por hacer en la implantación de sociedades democráticas y pluralistas, donde la diversidad se respete y proteja plenamente en la práctica. Por consiguiente, rechazamos cualquier forma de discriminación racial, étnica y religiosa. Hay que enseñar y practicar la liber- tad y la tolerancia.
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(…)
14. En tiempo de conflicto peligra sumamente la satisfacción de las necesidades humanas básicas. Haremos todos los esfuerzos posibles para garantizar esa satisfacción y el respeto de los compromisos humanitarios. Nos esforzaremos por mitigar el sufrimiento mediante suspensiones de hostilidades de carácter humanitario y por facilitar la prestación de asistencia bajo supervisión internacional, incluido su tránsito seguro. Reconocemos que el problema de los refugiados, resultante de estos conflictos, requiere la cooperación de todos nosotros. Expresamos nuestro apoyo y nuestra solida- ridad a aquellos países que hacen frente a estos problemas de refugiados, resultantes de esos con- flictos. En este contexto reconocemos la necesidad de una cooperación y una acción concertada. (…)
Seguimos desarrollando nuestras posibilidades para el arreglo pacífico de controversias.
21. Nuestro enfoque se basa en nuestro concepto integral de la seguridad, iniciado en el Acta Final. Este concepto relaciona el mantenimiento de la paz con el respeto de los derechos humanos y las libertades fundamentales. Vincula la solidaridad y la cooperación en materia de economía y medio ambiente con las relaciones pacíficas entre los Estados. Todo esto vale también para la gestión del cambio, por lo mismo que fue necesario para atenuar el enfrentamiento. (…)
26. Reiteramos nuestra condena sin reservas de todos los actos, métodos y prácticas de terrorismo. Estamos resueltos a intensificar nuestra cooperación para eliminar esta amenaza a la seguridad, a la democracia y a los derechos humanos. Con este fin, adoptaremos medidas para impedir en nues- tros territorios actividades criminales que apoyen actos de terrorismo en otros Estados. Fomenta- remos el intercambio de información sobre actividades terroristas. Buscaremos los nuevos ámbitos efectivos de cooperación que hagan falta. Asimismo, adoptaremos las necesarias medidas a escala nacional. a fin de desempeñar las obligaciones internacionales en esta esfera.
27. El tráfico ilícito de drogas representa un peligro para la estabilidad de nuestras sociedades e instituciones democráticas. Colaboraremos para reforzar todas las formas de cooperación bilate- ral y multilateral en la lucha contra el tráfico ilícito de drogas y demás formas del crimen inter- nacional organizado.
Decisiones de Helsinki
I. Fortalecimiento de las instituciones y estructuras de la CSCE (…)
Apoyo al Presidente en ejercicio (…)
Representantes personales
(22) Al ocuparse de una crisis o conflicto, el Presidente en ejercicio podrá, por iniciativa propia, designar a un representante personal con unas atribuciones claras y precisas para que le preste su apoyo. El Presidente en ejercicio comunicará al CAF su intención de nombrar a un representante personal y sus atribuciones. En sus informes al Consejo/CAF, el Presidente en ejercicio incluirá
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información sobre las actividades del representante personal así como cualquier observación hecha o consejo dado por este último
Alto Comisionado para las Minorías Nacionales
(23) El Consejo nombrará a un Alto Comisionado para las Minorías Nacionales. El Alto Comisio- nado dará “pronta alerta” y, cuando proceda, adoptará una “pronta acción”, a la mayor brevedad posible, con respecto a las tensiones provocadas por cuestiones relacionadas con minorías naciona- les que puedan transformarse en un conflicto dentro de la región de la CSCE, o que afecten a la paz, la estabilidad o las relaciones entre los Estados participantes. El Alto Comisionado hará uso de los medios de la Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH) de Varsovia. (…)
Exámenes del cumplimiento
(26) El examen cabal del cumplimiento de los compromisos de la CSCE seguirá desempeñando un papel destacado en las actividades de la CSCE, intensificando de ese modo la cooperación entre los Estados participantes.
(27) Los exámenes del cumplimiento se llevarán a cabo con regularidad en conferencias de revi- sión, así como en reuniones especiales convocadas con ese fin en la OIDDH, CPC y el CAF reunido como Foro Económico tal como se prevé en los documentos pertinentes de la CSCE.
(28) Estos exámenes del cumplimiento serán de carácter cooperativo y de alcance global, aunque al mismo tiempo abordarán cuestiones específicas.
(29) Se pedirá a los Estados participantes que proporcionen contribuciones sobre su experiencia con relación al cumplimiento, en particular con respecto a las dificultades con que han trope- zado, y que den sus opiniones sobre el cumplimiento en toda la región de la CSCE. Se alienta a los Estados participantes a que distribuyan descripciones de sus contribuciones antes de la reunión.
(30) Los exámenes deben proporcionar la posibilidad de indicar las medidas que puedan ser nece- sarias para abordar los problemas. Las reuniones en las que se lleven a cabo exámenes del cumpli- miento podrán señalar a la atención del CAF cualquier sugerencia relativa a medidas destinadas a mejorar el cumplimiento que puedan considerar conveniente. (…)
II. Alto Comisionado de la CSCE para las Minorías Nacionales
(1) Los Estados participantes deciden crear un Alto Comisionado para las Minorías Nacionales.
Mandato
(2) El Alto Comisionado actuará bajo la tutela del CAF y, de este modo, será un instrumento de prevención de conflictos en la fase más temprana que sea posible.
(3) El Alto Comisionado facilitará “pronta alerta” y, cuando proceda, “pronta acción” en la fase más temprana que sea posible en lo que respecta a las tensiones que conciernan a cuestiones de mino- rías nacionales que no hayan pasado todavía de la fase de pronta alerta pero que, a juicio del Alto Comisionado, puedan provocar un conflicto dentro de la zona de la CSCE que afecte a la paz, a la
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estabilidad o a las relaciones entre Estados participantes, que requiera la atención del Consejo o del CAF y la adopción de medidas.
(4) De conformidad con el mandato, basado en los principios y compromisos de la CSCE, el Alto Comisionado procederá reservadamente y con independencia de todas las partes directamente involucradas en las tensiones.
(5a) El Alto Comisionado examinará cuestiones de minorías nacionales cuando éstas ocurran en el Estado del que el Alto Comisionado sea nacional o residente, o cuando la cuestión afecte a una minoría nacional a la que el Alto Comisionado pertenezca, solamente si todas las partes directa- mente interesadas están de acuerdo, inclusive el Estado de que se trate. (5b) El Alto Comisionado no examinará las cuestiones relativas a minorías nacionales en situacio- nes que impliquen actos organizados de terrorismo. (5c) El Alto Comisionado tampoco examinará las violaciones de los compromisos de la CSCE con respecto a una persona individual perteneciente a una minoría nacional.
(6) Al examinar una situación, el Alto Comisionado tendrá plenamente en cuenta los procedimien- tos democráticos y los instrumentos internacionales disponibles para remediarla, así como su uti- lización por las partes interesadas.
(7) Cuando una cuestión determinada de minoría nacional haya sido planteada ante el CAF, la participación del Alto Comisionado requerirá una petición y un mandato específico del CAF.
Requisitos, designación, apoyo
(8) El Alto Comisionado será una personalidad internacional eminente con larga y adecuada expe- riencia y del que pueda esperarse una ejecución imparcial de la función.
(9) El Alto Comisionado será designado por consenso por el Consejo y por recomendación del CAF por un período de tres años, que solamente podrá prolongarse por un nuevo mandato de tres años.
(10) El Alto Comisionado hará uso de los medios de que dispone la OIDDH de Varsovia y, en par- ticular, de la información pertinente sobre todos los aspectos de las cuestiones de minorías nacio- nales disponibles en la OIDDH.
Pronta alerta
(11) El Alto Comisionado: (11a) reunirá y recibirá información general relativa a las cuestiones de minorías nacionales pro- cedente de las fuentes descritas a continuación (véanse los párrafos (23)-(25) del Suplemento); (11b) evaluará en la fase más temprana que sea posible la función de las partes directamente invo- lucradas, el carácter de las tensiones y los últimos acontecimientos dentro de ellas y, siempre que sea posible, las eventuales consecuencias para la paz y la estabilidad dentro de la región de la CSCE; (11c) para ello podrá visitar, de conformidad con el párrafo (17) y los párrafos (27)-(30) del Suple- mento, cualquier Estado participante y entrar personalmente en comunicación, a reserva de las disposiciones del párrafo (25), con las partes directamente involucradas a fin de obtener informa- ción de primera mano sobre la situación de las minorías nacionales.
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(12) En el curso de una visita a un Estado participante, el Alto Comisionado podrá, al mismo tiempo que obtiene información de primera mano de todas las partes directamente involucradas, discutir las cuestiones con las partes y, cuando proceda, promover el diálogo, la confianza y la cooperación entre ellas.
Anuncio de pronta alerta
(13) Si, sobre la base de intercambios de comunicaciones y contactos con las partes interesadas, llegase a la conclusión de que a primera vista existe un riesgo de conflicto potencial (tal como se establece en el párrafo (3)), el Alto Comisionado podrá lanzar una “pronta alerta”, que será comu- nicada rápidamente por el Presidente en ejercicio al CAF.
(14) El Presidente en ejercicio incluirá esta pronta alerta en el orden del día de la próxima Reunión del CAF. Si un Estado estimare que esa pronta alerta merece una consulta rápida, podrá iniciar el procedimiento establecido en el Anexo 2 del Resumen de Conclusiones de la Reunión de Berlín del Consejo (“Mecanismo de Emergencia”).
(15) El Alto Comisionado explicará al CAF las razones del anuncio de la pronta alerta.
Pronta acción
(16) El Alto Comisionado podrá recomendar que se le autorice a entrar nuevamente en contacto y a consultar más directamente a las partes involucradas con miras a posibles soluciones en virtud de un mandato que será decidido por el CAF. El CAF decidirá en consecuencia.
Responsabilidad
(17) El Alto Comisionado consultará con el Presidente en ejercicio antes de salir para un Estado participante con el fin de estudiar una tensión que implique a minorías nacionales. El Presidente en ejercicio consultará, reservadamente, con el (los) Estado(s) participante(s) interesado(s) y podrá consultar más ampliamente.
(18) Después de la visita a un Estado participante, el Alto Comisionado suministrará informes estrictamente confidenciales al Presidente en ejercicio sobre los resultados y progresos de la par- ticipación del Alto Comisionado en una cuestión determinada.
(19) Después de que se haya terminado la participación del Alto Comisionado en una cuestión determinada, el Alto Comisionado informará al Presidente en ejercicio acerca de observaciones, resultados y conclusiones. Dentro del plazo de un mes, el Presidente en ejercicio consultará, reser- vadamente, acerca de observaciones, resultados y conclusiones con el (los) Estado(s) participante(s) involucrado(s) y podrá celebrar consultas más amplias. Después de ello, el informe se transmitirá al CAF, junto con posibles observaciones.
(20) Si el Alto Comisionado llega a la conclusión de que la situación está convirtiéndose en un con- flicto, o si el Alto Comisionado estima que el margen de acción del Alto Comisionado se ha ago- tado, el Alto Comisionado deberá informar de ello al CAF por conducto del Presidente en ejercicio.
(21) En el caso de que el CAF se viera implicado en una cuestión determinada, el Alto Comisio- nado facilitará información y, si se le pide, consejo al CAF, o a cualquier otra institución u organi- zación que el CAF pueda invitar, de conformidad con las disposiciones del Capítulo III del presente documento, para tomar medidas con respecto a las tensiones o conflicto.
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(22) T El Alto Comisionado, si se lo solicita el CAF, y habida cuenta de las exigencias de confiden- cialidad de su mandato, informará de sus actividades a las reuniones de la CSCE relativas a la apli- cación de la Dimensión Humana.
Suplemento
Fuentes de información sobre cuestiones de minorías nacionales
(23) El Alto Comisionado puede: (23a) reunir y recibir información de cualquier fuente, inclusive medios de comunicación y orga- nizaciones no gubernamentales, con la excepción mencionada en el párrafo (25), con respecto a la situación de las minorías nacionales y al papel jugado por las partes involucradas; (23b) recibir informes específicos de las partes directamente involucradas con respecto a los acon- tecimientos relativos a cuestiones de minorías nacionales. Estos pueden incluir informes sobre vio- laciones de los compromisos de la CSCE con respecto a las minorías nacionales, así como otras violaciones efectuadas en el contexto de las cuestiones relativas a las minorías nacionales.
(24) Esos informes específicos al Alto Comisionado deberían satisfacer las exigencias siguientes: • presentarse por escrito, dirigidos al Alto Comisionado en calidad de tal y firmados con nom- bres y apellidos completos y dirección; • incluir una relación objetiva de los acontecimientos relativos a la situación de las personas perte- necientes a minorías nacionales y al papel jugado por las partes involucradas en ellos, que hayan tenido lugar recientemente, en principio con una anterioridad no superior a 12 meses. Los infor- mes deberían incluir información que pudiera ser suficientemente comprobada.
(25) El Alto Comisionado no establecerá contacto alguno ni acusará recibo de las comunicacio- nes que le remitan personas u organizaciones que practiquen o apoyen públicamente el terro- rismo o la violencia.
Partes directamente involucradas
(26) Las partes directamente involucradas en tensiones, que pueden facilitar informes específi- cos al Alto Comisionado y con las que el Alto Comisionado tratará de comunicar personalmente durante la visita a un Estado participante son las siguientes: (26a) los gobiernos de los Estados participantes, inclusive, si procede, las autoridades regionales y locales de las zonas en que residen minorías nacionales; (26b) los representantes de asociaciones, organizaciones no gubernamentales, religiosas y demás grupos de minorías nacionales directamente interesados y residentes en la zona de tensión, auto- rizados por las personas pertenecientes a las minorías nacionales a que les representen. Condicio- nes de viaje del Alto Comisionado
(27) Antes de una visita prevista, el Alto Comisionado presentará al Estado participante involucrado información específica con respecto al objetivo previsto de esa visita. En un plazo de dos semanas el(los) Estado(s) involucrado(s) consultará(n) con el Alto Comisionado acerca de los objetivos de la visita, que podrá incluir el fomento del diálogo, la confianza y la cooperación entre las partes. Después de su entrada en el país, el Estado involucrado facilitará viajes y comunicación libres al Alto Comisionado, a reserva de las disposiciones del párrafo (25) anterior.
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(28) Si el Estado involucrado no permite al Alto Comisionado entrar en el país y viajar y comuni- car libremente, el Alto Comisionado informará de ello al CAF.
(29) En el transcurso de esa visita, a reserva de la disposición del párrafo (25), el Alto Comisionado podrá consultar a las partes involucradas y recibir información confidencial de cualquier indivi- duo, grupo u organización directamente interesado por las cuestiones de que se está ocupando el Alto Comisionado. El Alto Comisionado respetará el carácter confidencial de la información.
(30) Los Estados participantes se abstendrán de tomar medidas contra personas, organizaciones e instituciones en razón de sus contactos con el Alto Comisionado.
El Alto Comisionado y la participación de expertos
(31) El Alto Comisionado podrá decidir la petición de ayuda de no más de tres expertos con cono- cimientos pertinentes en cuestiones específicas que requieran investigación especializada y ase- soramiento conciso.
(32) Si decide recurrir a los servicios de expertos, el Alto Comisionado establecerá un mandato y un calendario claramente definidos para las actividades de los expertos.
(33) Los expertos sólo visitarán un Estado participante al mismo tiempo que el Alto Comisionado. Su mandato será parte integrante del mandato del Alto Comisionado y se les aplicarán las mis- mas condiciones de viaje.
(34) El consejo y las recomendaciones pedidas a los expertos se presentarán reservadamente al Alto Comisionado, quien será responsable de las actividades y de los informes de los expertos y decidirá cuándo y en qué forma el asesoramiento y las recomendaciones serán comunicados a las partes interesadas. No serán vinculantes. Si el Alto Comisionado decide dar a conocer el asesoramiento y las recomendaciones, al (a los) Estado(s) interesado(s), se dará oportunidad de formular obser- vaciones al respecto.
(35) El Alto Comisionado elegirá a los expertos, con ayuda de la OIDDH, de la lista establecida en la OIDDH tal como se indica en el Documento de la Reunión de Moscú.
(36) Entre los expertos no figurarán nacionales o residentes de los Estados participantes involu- crados ni tampoco personas designadas por el Estado involucrado o expertos contra los cuales el Estado participante haya formulado previamente reservas. Entre los expertos no figurarán nacio- nales o residentes del propio Estado participante ni tampoco personas que él haya designado para figurar en la lista, o más de un nacional o residente de un Estado determinado.
Presupuesto
(37) La OIDDH fijará un presupuesto por separado a fin de disponer, según proceda, de apoyo logístico para viajes y comunicación. El presupuesto será financiado por los Estados participantes con arreglo a la escala de distribución establecida por la CSCE. El Comité Financiero elaborará los detalles del mismo, que será aprobado por el CAF.
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IV. Relaciones con las organizaciones internacionales, Relaciones con los Estados no participantes, Cometido de las organizaciones no gubernamentales (ONG)
(1) Las nuevas tareas que tiene por delante la CSCE exigen unas relaciones más claras y unos con- tactos más estrechos con las organizaciones internacionales, en particular con las Naciones Uni- das, y con los Estados no participantes. La CSCE sigue siendo al mismo tiempo un proceso cuyas actividades van mucho más allá de las relaciones oficiales entre gobiernos para implicar al ciuda- dano y a la sociedad de cada Estado participante. El éxito de los esfuerzos por consolidar un orden pacífico y democrático duradero y llevar adelante el proceso de cambio requiere una aportación más estructurada y sustantiva de los grupos, los particulares, los Estados y las organizaciones al margen del proceso de la CSCE.
Con este fin, los Estados participantes han decidido:
Relaciones con las organizaciones internacionales
(2) Los Estados participantes, reiterando los compromisos que han asumido al suscribir la Carta de las Naciones Unidas, declaran que, a su entender, la CSCE es un acuerdo regional en el sentido del Capítulo VIII de la Carta de las Naciones Unidas y como tal constituye un vínculo importante entre la seguridad europea y la mundial. Los derechos y obligaciones del Consejo de Seguridad de las Naciones Unidas no serán menoscabados en absoluto.
(3) Recordando las decisiones pertinentes del Documento de Praga, los Estados participantes mejo- rarán los contactos y la cooperación práctica con las organizaciones internacionales adecuadas.
(4) Podrán, en consecuencia, acordar invitar a las organizaciones e instituciones internacionales mencionadas en el Documento de Praga y a otras, según proceda, a que aporten contribuciones.
(5) Esas organizaciones, instituciones y demás entidades que se acuerde podrán ser invitadas a asistir a reuniones y seminarios de la CSCE como invitados de honor con las placas adecuadas.
(6) Utilizarán plenamente el intercambio de información en virtud del párrafo 44 del Documento de Praga.
Relaciones con Estados mediterráneos no participantes
(7) Recordando las disposiciones del Acta Final y otros documentos pertinentes de la CSCE y de conformidad con la práctica establecida, se invitará a los Estados mediterráneos no participantes a que sigan contribuyendo a las actividades de la CSCE.
(8) En el Capítulo X figuran nuevas medidas para ampliar el alcance de la cooperación con los Estados mediterráneos no participantes.
Relaciones con Estados no participantes
(9) De conformidad con el párrafo 45 del Documento de Praga, los Estados participantes se propo- nen profundizar su cooperación y entablar una relación sólida con Estados no participantes, tales como el Japón, que muestren interés por la CSCE, compartan sus principios y objetivos y estén comprometidos activamente en la cooperación europea a través de organizaciones pertinentes.
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(10) Con este fin, se invitará al Japón a que asista a reuniones de la CSCE, inclusive las de Jefes de Estado o de Gobierno, las del Consejo de la CSCE, las del Comité de Altos Funcionarios y otros órganos adecuados de la CSCE en las que se examinen cuestiones específicas de incremento de la consulta y de la cooperación.
(11) Los representantes del Japón podrán contribuir a tales reuniones sin participar en la prepara- ción y adopción de decisiones, sobre temas en que el Japón tenga un interés directo y/o desee coo- perar activamente con la CSCE.
Incremento de la transparencia de las actividades de la CSCE, fomento del entendimiento de la CSCE, incremento del cometido de las ONG
(12) Los Estados participantes incrementarán la transparencia de las instituciones y estructuras de la CSCE y garantizarán una amplia difusión de información sobre la CSCE.
(13) Con este fin: • el Presidente en ejercicio asistido por la Secretaría de la CSCE organizará reuniones de infor- mación sobre el proceso de consulta política; • las instituciones de la CSCE facilitarán, dentro de los presupuestos existentes, información al público en general y organizarán reuniones públicas de información sobre sus actividades; • la Secretaría facilitará la circulación de información a los medios de comunicación, y los con- tactos con ellos, teniendo presente que las cuestiones políticas de la CSCE son responsabilidad de los Estados participantes.
(14) Los Estados participantes facilitarán oportunidades para incrementar la participación de las organizaciones no gubernamentales en las actividades de la CSCE.
(15) En consecuencia: • aplicarán a todas las reuniones de la CSCE las directrices previamente convenidas para el acceso de las ONG a determinadas reuniones de la CSCE; • permitirán el acceso de las ONG a todas las sesiones plenarias de las conferencias de revisión, seminarios, talleres y reuniones de la OIDDH, al CAF cuando se reúna como Foro Económico, a las reuniones sobre el cumplimiento de los derechos humanos y a otras reuniones de expertos. Por otra parte, cada reunión podrá decidir abrir nuevas sesiones para que asistan a ellas las ONG; • encomendarán a los directores de las instituciones de la CSCE y a los Secretarios Ejecutivos de las reuniones de la CSCE que designen un “enlace con las ONG” entre los miembros de su personal; • designarán, si procede, a un miembro de sus ministerios de asuntos exteriores y a un miembro de sus delegaciones ante las reuniones de la CSCE para que se ocupe del enlace con las ONG; • fomentarán contactos e intercambios de opiniones entre las ONG y los organismos nacionales e instituciones gubernamentales pertinentes, entre las reuniones de la CSCE; • facilitarán durante las reuniones de la CSCE reuniones oficiosas de debate entre los represen- tantes de los Estados participantes y los de las ONG; • alentarán a las ONG a que presenten a las instituciones y reuniones de la CSCE contribuciones por escrito, cuyos títulos se guardarán y podrán facilitarse a los Estados participantes que lo soliciten; • alentarán a las ONG a que organicen seminarios sobre cuestiones relacionadas con la CSCE;
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• notificarán a las ONG, por conducto de las instituciones de la CSCE, las fechas de futuras reu- niones de la CSCE, junto con una indicación, cuando sea posible, de los temas que hayan de tratarse, así como, a petición, de la aplicación de los mecanismos de la CSCE puesta en conoci- miento de todos los Estados participantes.
(16) Las disposiciones anteriores no se aplicarán a las personas u organizaciones que recurran a la violencia o apoyen públicamente el terrorismo o el uso de la violencia.
(17) Los Estados participantes utilizarán todos los medios adecuados para dar a conocer lo más ampliamente posible dentro de sus sociedades a la CSCE, sus principios, compromisos y actividades.
(18) Se estudiará la idea de establecer un Premio de la CSCE.
VI. La dimension humana
(1) Los Estados participantes efectuaron un provechoso examen del cumplimiento de los compro- misos de la CSCE en la esfera de la Dimensión Humana. Basaron sus exámenes en la nueva comu- nidad de valores establecida entre ellos, consignada en la Carta de París para una Nueva Europa y desarrollada por las nuevas normas creadas en los últimos años en el marco de la CSCE. Toma- ron nota de los grandes progresos realizados en el cumplimiento de los compromisos de la Dimen- sión Humana, pero reconocieron la existencia de acontecimientos gravemente preocupantes y, por consiguiente, la necesidad de nuevas mejoras.
(2) Los Estados participantes expresan su firme determinación de garantizar el pleno respeto de los derechos humanos y las libertades fundamentales, de acatar el estado de derecho, de fomen- tar los principios de la democracia y así crear, fortalecer y proteger las instituciones democráticas, a la vez que se fomenta la tolerancia en la sociedad. Para ello, ampliarán el marco operativo de la CSCE, inclusive mediante la ampliación de la OIDDH, a fin de que puedan intercambiarse de manera más concreta y significativa la información, las ideas y las preocupaciones, incluso como una pronta alerta de tensión y de conflicto potencial. Al obrar así, centrarán su atención en cuestio- nes relativas a la Dimensión Humana de particular importancia. Por consiguiente, someterán a un constante examen el fortalecimiento de la dimensión humana, en particular en tiempo de cambio.
(3) A este respecto, los Estados participantes adoptan lo siguiente:
Marco para la vigilancia del cumplimiento de los compromisos de la CSCE y para el fomento de la cooperación en la dimensión humana
(4) Con objeto de reforzar y vigilar el cumplimiento de los compromisos de la CSCE, así como para fomentar los progresos en materia de Dimensión Humana, los Estados participantes acuer- dan ampliar el marco de su cooperación y con este fin deciden lo siguiente:
Ampliación de las funciones de la OIDDH
(5) Bajo la orientación general del CAF y además de sus tareas actuales tal como se establecen en la Carta de París para una Nueva Europa y en el Documento de Praga sobre el Ulterior Desarro- llo de las Instituciones y Estructuras de la CSCE, la OIDDH, en tanto que principal institución de la Dimensión Humana: (5a) ayudará a supervisar la aplicación de los compromisos en materia de Dimensión Humana mediante:
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• su actuación como lugar de celebración de reuniones bilaterales en virtud de lo dispuesto en el punto 2 y como canal de información en virtud del punto 3 del Mecanismo de la Dimensión Humana, tal como se establece en el Documento de Clausura de Viena; • la recepción de observaciones de los Estados visitados por misiones de la CSCE que tengan pertinencia para la Dimensión Humana además de las que correspondan al Mecanismo de la Dimensión Humana; transmitirá informe de estas misiones junto con las eventuales observacio- nes a todos los Estados participantes con miras al debate en la próxima reunión sobre el cum- plimiento o conferencia de revisión; • la realización de misiones o la participación en ellas siempre que lo solicite el Consejo o el CAF; (5b) actuará como centro de coordinación para la información: • sobre un estado de emergencia pública, según lo dispuesto por el párrafo 28.10 del Documento de la Reunión de Moscú de la Conferencia sobre la Dimensión Humana; • sobre listas de recursos, y ayuda, por ejemplo, en materia de censos o sobre la democracia en los planos local y regional, y la celebración de seminarios nacionales sobre tales cuestiones; (5c) asistirá en otras actividades en la esfera de la Dimensión Humana, inclusive en la creación de instituciones democráticas: • cumpliendo las tareas definidas en el “Programa de apoyo coordinado a los Estados participan- tes recientemente admitidos”; • organizando “seminarios sobre el proceso democrático” a petición de los Estados participan- tes. Las disposiciones de procedimiento establecidas en el “Programa de apoyo coordinado a los Estados participantes recientemente admitidos” se aplicarán también a estos seminarios; • contribuyendo, con los recursos a su disposición, a la preparación de seminarios a petición de uno o más Estados participantes; • poniendo sus medios, en la forma que proceda, a disposición del Alto Comisionado para las Minorías Nacionales; • entrando en comunicación, según proceda, con las organizaciones internacionales y no guber- namentales pertinentes; • consultando y cooperando con órganos pertinentes del Consejo de Europa y los con él asociados y examinando de qué manera pueden contribuir, según proceda, a las actividades de la OIDDH. La OIDDH facilitará también información a los Estados participantes que lo soliciten sobre los programas en el marco del Consejo de Europa que están abiertos a todos los Estados participantes.
(6) Las actividades sobre las cuestiones relativas a la Dimensión Humana emprendidas por la OIDDH podrán contribuir, entre otras cosas, a la pronta alerta en la prevención de conflictos.
Mecanismo de la Dimensión Humana
(7) Con miras a adaptar el Mecanismo de la Dimensión Humana a las actuales estructuras e ins- tituciones de la CSCE, los Estados participantes deciden que:
Todo Estado participante que lo estime necesario podrá facilitar información sobre situaciones y casos que hayan sido objeto de peticiones en virtud de los puntos 1 ó 2 del capítulo sobre “Dimen- sión Humana de la CSCE” del Documento de Clausura de la Reunión de Viena o sobre los resulta- dos de esos procedimientos, a los Estados participantes por conducto de la OIDDH -que asimismo puede servir de lugar de celebración de reuniones bilaterales en virtud del punto 2- o por vía diplomática. Dicha información podrá ser examinada en reuniones del CAF, en reuniones sobre el cumplimiento de las cuestiones relativas a la Dimensión Humana y en conferencias de revisión.
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(8) Los procedimientos relativos al modo de sufragar los gastos de las misiones de expertos y de relatores del Mecanismo de la Dimensión Humana podrán estudiarse en la próxima conferencia de revisión a la luz de la experiencia obtenida.
Cumplimiento
Reuniones de aplicación de las cuestiones relativas a la Dimensión Humana
(9) Todos los años en que no tenga lugar una conferencia de revisión, la OIDDH organizará en su sede una reunión a nivel de expertos, de tres semanas de duración, de todos los Estados partici- pantes para examinar el cumplimiento de los compromisos de la CSCE en la esfera de la Dimen- sión Humana. La reunión desempeñará las tareas siguientes: (9a) intercambio completo de opiniones sobre la aplicación de los compromisos en la esfera de la Dimensión Humana, incluido el examen de la información facilitada según el punto 4 del Meca- nismo de la Dimensión Humana y sobre los aspectos de la Dimensión Humana de los informes de las misiones de la CSCE, así como el examen de los medios y formas de mejorar el cumplimiento; (9b) evaluación de los procedimientos de vigilancia del cumplimiento de los compromisos.
(10) La reunión sobre el cumplimiento podrá señalar a la atención del CAF las medidas de mejo- ramiento de la aplicación que estime necesarias.
(11) La reunión sobre el cumplimiento no producirá un documento negociado.
(12) Las contribuciones escritas y el material informativo tendrán carácter reservado o no reser- vado según lo indique el Estado que los presente.
(13) Las reuniones sobre el cumplimiento se organizarán en sesiones oficiales y oficiosas. Todas las sesiones oficiales serán abiertas. Además, los Estados participantes podrán decidir caso por caso que una sesión oficiosa sea abierta.
(14) La reunión sobre el cumplimiento exhortará a que asistan y presenten contribuciones al Con- sejo de Europa, a la Comisión europea La Democracia por el Derecho y al Banco Europeo de Reconstrucción y Desarrollo (BERD), así como a otras organizaciones e instituciones internacio- nales pertinentes.
(15) Las organizaciones no gubernamentales que tengan experiencia adecuada en la esfera de la Dimensión Humana serán invitadas a presentar comunicaciones escritas a la reunión sobre el cum- plimiento, por ejemplo, por conducto de la OIDDH, y podrán ser invitadas por la reunión sobre el cumplimiento, sobre la base de sus comunicaciones escritas, a exponer verbalmente, si procede, cuestiones específicas.
(16) Durante dos medios días en el transcurso de la reunión sobre el cumplimiento no se progra- mará sesión oficial alguna, con miras a facilitar las posibilidades de contacto con las ONG. Con este fin, se pondrá a disposición de las ONG una sala en el lugar donde se celebre la reunión.
Seminarios sobre la Dimensión Humana de la CSCE
(17) Bajo la orientación general del CAF, la OIDDH organizará seminarios relativos a la Dimen- sión Humana de la CSCE en los que se estudiarán cuestiones específicas de particular importan- cia para la dimensión humana y de interés político actual. El CAF establecerá un programa de
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trabajo anual que incluirá los títulos y las fechas de esos seminarios. El orden del día y las moda- lidades de cada seminario serán aprobados por el CAF al menos tres meses antes de la celebración del seminario. A este respecto, el CAF tendrá en cuenta las opiniones expresadas por la OIDDH. A menos que se decida otra cosa, los seminarios se celebrarán en la sede de la OIDDH y tendrán una duración máxima de una semana. En el programa de trabajo se tendrá en cuenta la labor rea- lizada por las organizaciones e instituciones internacionales pertinentes.
(18) Los seminarios se organizarán de manera flexible y abierta. Se podrá invitar a asistir y a presen- tar contribuciones a organizaciones e instituciones internacionales pertinentes. Podrá invitarse tam- bién a ONG con experiencia pertinente. Los expertos independientes que asistan al seminario como miembros de las delegaciones nacionales podrán también hacer uso de la palabra a título personal.
(19) Los seminarios de la CSCE se organizarán en sesiones oficiales y oficiosas. Todas las sesiones oficiales serán abiertas. Además, los Estados participantes pueden decidir, caso por caso, que tam- bién sean abiertas las sesiones oficiosas.
(20) Los seminarios de la CSCE no producirán documento negociado ni programas de seguimiento.
(21) Las contribuciones de los expertos independientes no tendrán carácter reservado.
Fomento de los compromisos y la cooperación en la dimensión humana Minorias nacionales
Los Estados participantes
(23) Reafirman en los términos más enérgicos su determinación de cumplir de un modo pronto y fiel todos sus compromisos de la CSCE, incluidos los del Documento de Clausura de Viena, del Documento de Copenhague y del Informe de Ginebra, por lo que se refiere a las cuestiones relati- vas a las minorías nacionales y a los derechos de las personas pertenecientes a éstas;
(24) En este contexto, intensificarán sus esfuerzos para garantizar a las personas pertenecientes a minorías nacionales, individualmente o en comunidad con otras, el libre ejercicio de sus dere- chos humanos y libertades fundamentales, entre ellos el de participar plenamente, de conformi- dad con los procedimientos democráticos de adopción de decisiones de cada Estado, en la vida política, económica, social y cultural de sus países, con inclusión de la participación democrática en los órganos decisorios y consultivos en los niveles nacional, regional y local, entre otras formas por medio de partidos políticos y asociaciones;
(25) Seguirán estudiando, mediante actividades unilaterales, bilaterales y multilaterales, otras for- mas de cumplir con más eficacia sus compromisos pertinentes de la CSCE, incluso los relativos a la protección y creación de condiciones para promover la identidad étnica, cultural, lingüística y religiosa de las minorías nacionales;
(26) Se ocuparán de las cuestiones de las minorías nacionales de una manera constructiva, por medios pacíficos y a través del diálogo de todas las partes interesadas sobre la base de los princi- pios y compromisos de la CSCE;
(27) Se abstendrán de reasentar y condenarán todo intento de reasentar a personas por medio de la amenaza o el uso de la fuerza con el fin de cambiar la composición étnica de zonas de sus territorios;
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Poblaciones indígenas
Los Estados participantes
(29) Observando que las personas pertenecientes a poblaciones indígenas pueden tener especiales dificultades en el ejercicio de sus derechos, acuerdan que sus compromisos de la CSCE en mate- ria de derechos humanos y libertades fundamentales se apliquen plenamente y sin discrimina- ción a esas personas.
Tolerancia y no discriminación
Los Estados participantes
(30) Expresan su inquietud por las recientes y flagrantes manifestaciones de intolerancia, discri- minación, nacionalismo agresivo, xenofobia, antisemitismo y racismo y destacan la importancia esencial de la tolerancia, la comprensión y la cooperación en la realización y la conservación de sociedades democráticas estables; (…)
(32) Estudiarán la adhesión, si aún no lo hubieren hecho, a la Convención Internacional sobre la Eliminación de todas las Formas de Discriminación Racial;
(33) Estudiarán la conveniencia de adoptar medidas adecuadas dentro de su marco constitucio- nal y de conformidad con sus obligaciones internacionales para garantizar protección para todos en sus territorios contra la discriminación por motivos raciales, étnicos, o religiosos, y proteger a todas las personas, incluso los extranjeros, contra actos de violencia por cualquiera de esos moti- vos. Además, harán pleno uso de sus procedimientos jurídicos internos, entre ellos los destinados a imponer el cumplimiento de las leyes vigentes a este respecto;
(34) Estudiarán la elaboración de programas destinados a crear las condiciones necesarias para fomentar la no discriminación y la comprensión intercultural, centrados en la enseñanza de los derechos humanos, las actividades a nivel de base, la formación intercultural y la investigación;
(35) Reafirman, en este contexto, la necesidad de emprender programas adecuados para el estudio de los problemas de sus respectivos nacionales pertenecientes al grupo romaní y a otros grupos tradicionalmente identificados como gitanos, así como de crear unas condiciones que les permi- tan participar plenamente y con igualdad de oportunidades en la vida de la sociedad, y estudia- rán la manera de cooperar con este fin.
Trabajadores migrantes
Los Estados participantes
(36) Reafirman la universalidad de los derechos humanos y las libertades fundamentales, cuyo goce también corresponde a los trabajadores migrantes dondequiera que vivan, y destacan la impor- tancia de aplicar todos los compromisos de la CSCE relativos a los trabajadores migrantes y a sus familias legalmente residentes en los Estados participantes;
(37) Alentarán la creación de condiciones para fomentar una mayor armonía en las relaciones entre los trabajadores migrantes y el resto de la sociedad del Estado participante en el que residan
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legalmente. Con este fin, procurarán ofrecer, entre otras cosas, medidas que faciliten la familia- rización de los trabajadores migrantes y sus familias legalmente residentes con los idiomas y la vida social del Estado participante correspondiente a fin de que puedan participar en la vida de la sociedad del país de acogida;
(38) De conformidad con la política y la legislación internas y con las obligaciones internacionales, procurarán crear, en la forma que proceda, las condiciones para fomentar la igualdad de oportu- nidades con respecto a las condiciones de trabajo, la educación, la seguridad social y los servicios sanitarios, la vivienda y el acceso a los derechos sindicales y culturales de los trabajadores migran- tes que residan y trabajen legalmente.
Refugiados y personas desplazadas
Los Estados participantes
(39) Expresan su inquietud por el problema de los refugiados y de las personas desplazadas;
(40) Destacan la importancia de evitar situaciones que puedan provocar grandes corrientes de refugiados y personas desplazadas y subrayan la necesidad de esclarecer y abordar las causas pro- fundas del desplazamiento y de la migración involuntaria;
(41) Reconocen la necesidad de cooperación internacional para ocuparse de las corrientes masivas de refugiados y personas desplazadas;
(42) Reconocen que el desplazamiento suele ser consecuencia de violaciones de los compromisos de la CSCE, incluidos los relativos a la Dimensión Humana;
(43) Reafirman la importancia de las normas y los instrumentos internacionales existentes relativos a la protección y a la asistencia a refugiados y estudiarán la conveniencia de adherirse a la Conven- ción sobre el Estatuto de los Refugiados y al Protocolo correspondiente, si aún no lo hubieren hecho;
(44) Reconocen la importancia del Alto Comisionado de las Naciones Unidas para los Refugiados y del Comité Internacional de la Cruz Roja, así como de las organizaciones no gubernamentales que intervienen en actividades de socorro, para la protección y la asistencia a refugiados y perso- nas desplazadas;
(45) Acogen con satisfacción y apoyan los esfuerzos unilaterales, bilaterales y multilaterales enca- minados a garantizar la protección y la asistencia a los refugiados y personas desplazadas con el propósito de encontrar soluciones duraderas; (…)
Derecho humanitario internacional
Los Estados participantes
(47) Recuerdan que el derecho humanitario internacional se basa en la dignidad inherente a la persona humana;
(48) Respetarán y garantizarán el respeto en cualquier circunstancia del derecho humanitario internacional, con inclusión de la protección de la población civil;
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(49) Recuerdan que los que infringen el derecho humanitario internacional incurren en respon- sabilidad personal;
(50) Reconocen la función esencial del Comité Internacional de la Cruz Roja en el fomento de la aplicación y el desarrollo del derecho humanitario internacional, con inclusión de las Convencio- nes de Ginebra y sus Protocolos correspondientes;
(51) Reafirman su compromiso de conceder pleno apoyo al Comité Internacional de la Cruz Roja, así como a las Sociedades de la Cruz Roja y de la Media Luna Roja y a las organizaciones de las Naciones Unidas, especialmente en tiempos de conflicto bélico, y de respetar sus emblemas pro- tectores, evitar el uso indebido de esos emblemas y, en la forma que proceda, no escatimar esfuer- zos para garantizar el acceso a las zonas afectadas;
(52) Se comprometen a cumplir su deber de impartir enseñanza y difundir información sobre sus obligaciones con arreglo al derecho humanitario internacional.
Democracia local y regional
Los Estados participantes
(53) Procurarán, con objeto de fortalecer la participación democrática y la creación de institucio- nes, y al establecer su cooperación recíproca, compartir sus experiencias respectivas en lo que se refiere al funcionamiento de la democracia local y regional, y acogen con satisfacción a este res- pecto el sistema informativo y educativo del Consejo de Europa en este sector;
(54) Facilitarán los contactos y fomentarán diversas modalidades de cooperación entre órganos locales y regionales.
Nacionalidad
Los Estados participantes
(55) Reconocen que toda persona tiene derecho a una nacionalidad y que no se privará a nadie arbitrariamente de su nacionalidad;
(56) Subrayan que todos los aspectos de la nacionalidad se regirán por el procedimiento legal. Adoptarán, según proceda, medidas compatibles con su marco constitucional y no incrementa- rán el número de apátridas;
(57) Proseguirán en el seno de la CSCE el debate sobre esas cuestiones.
Pena capital
Los Estados participantes
(58) Confirman los compromisos contraídos en los Documentos de Copenhague y Moscú sobre la pena de muerte.
121 Helsinki 1992
Medios de comunicación libres
Los Estados participantes
(59) Piden a la OIDDH que organice un seminario de la CSCE en el marco de la dimensión humana sobre los medios de comunicación libres, que se celebrará en 1993. La meta del seminario será impulsar el debate, la demostración, el establecimiento de contactos y el intercambio de informa- ción entre representantes gubernamentales y profesionales de los medios de comunica.
Educación
Los Estados participantes
(60) Dada la importancia de la educación para la difusión de las ideas de democracia, derechos humanos e instituciones democráticas, especialmente en un período de cambio, acogerían compla- cidos que el Consejo de Europa organizase con este fin un seminario titulado educación: estruc- turas, políticas y estrategias, abierto a todos los Estados participantes.
Recopilación de los compromisos sobre la Dimensión Humana
Los Estados participantes
(61) Se congratulan de la elaboración de recopilaciones de los compromisos existentes sobre la Dimensión Humana de la CSCE con objeto de favorecer un mayor entendimiento acerca del cum- plimiento de esos compromisos.
Directrices para la aplicación a nivel nacional
Los Estados participantes
(62) Promoverán, cuando proceda, la elaboración de directrices para coadyuvar a la aplicación efectiva de la legislación nacional sobre cuestiones de derechos humanos relacionadas con los compromisos de la CSCE. (…)
122 Documento de la Tercera Reunión del Consejo de la CSCE Estocolmo 1992
Resumen de las Conclusiones de la Reunión del Consejo en Estocolmo
Configuración de una nueva Europa – El papel de la CSCE (…)
Los Ministros expresaron su constante compromiso de utilizar la CSCE para consolidar los dere- chos humanos, la democracia, el estado de derecho y la libertad económica como base de la paz, la seguridad y la estabilidad y para prevenir, gestionar y resolver conflictos en la región de la CSCE.
Los Ministros condenaron el amplio uso de la fuerza en Europa que ha dado lugar a un incremento de la violencia y el odio. Rechazaron vivamente las continuas y flagrantes violaciones de los dere- chos humanos. Se comprometieron a actuar para contrarrestar las crecientes manifestaciones de racismo, antisemitismo y todas las formas de intolerancia en la región de la CSCE. (…)
Entre los aspectos importantes de la estrategia de la CSCE cabe citar los siguientes: (…) • Hincapié en la capacidad de la CSCE para proporcionar alerta temprana, mediante el nombra- miento de un Alto Comisionado para las Minorías Nacionales que disfrutará de pleno apoyo político de todos los Estados participantes; • Empleo activo de misiones y representantes como parte de la diplomacia preventiva para pro- mover el diálogo, la estabilidad y facilitar alerta temprana; • Uso efectivo de misiones y representantes en las zonas de crisis como parte de una estrategia de consulta, negociación y acción concertada para limitar los conflictos antes de que se con- viertan en violentos; • Cooperación, según proceda, con las organizaciones internacionales y con Estados participantes individuales para garantizar que pueda aplicarse el amplio espectro de los mecanismos y pro- cedimientos de la CSCE, incluido el mantenimiento de la paz; • Incremento de los esfuerzos para tratar las causas fundamentales de los conflictos aplicando todos los aspectos de la dimensión humana de la CSCE y haciendo intervenir más directamente en la labor de la CSCE a las organizaciones no gubernamentales y a los ciudadanos individuales; • Conseguir que cada gobierno sea responsable ante los demás en lo que se refiere a su compor- tamiento respecto de sus ciudadanos y de los países vecinos, y hacer que todos los individuos sean personalmente responsables de los crímenes de guerra y de los actos que cometan en vio- lación del derecho internacional humanitario; (…)
123 Estocolmo 1992
Decisiones (…)
2. La CSCE en tanto que Comunidad de Valores
El concepto general de seguridad de la CSCE pone directamente en relación a la paz, la seguri- dad y la prosperidad con la observancia de los derechos humanos y las libertades democráticas. Muchos de los actuales problemas están vinculados a la no observancia de los compromisos y prin- cipios de la CSCE.
Los mecanismos de la dimensión humana de la CSCE están siendo utilizados cada vez más como base importante de los esfuerzos de la CSCE de alerta temprana y prevención de conflictos. Su ulterior elaboración y empleo reforzará considerablemente la capacidad de la CSCE para buscar las causas fundamentales de las tensiones y mejorar sus mecanismos de alerta temprana en caso de situaciones potencialmente peligrosas.
Los Ministros se felicitaron del fortalecimiento de la función de la Oficina de Instituciones Demo- cráticas y Derechos Humanos y de la designación del Alto Comisionado para las Minorías Nacio- nales en tanto que medidas particularmente útiles para una más plena integración de la Dimensión Humana en las consultas políticas y en la acción concertada de los Estados participantes (…) Expre- saron la esperanza de que los Estados participantes recientemente admitidos puedan hacer espe- cial uso de las oportunidades facilitadas por esas instituciones.
La observancia de los compromisos de la CSCE es de fundamental importancia. La vigilancia del cumplimiento facilita a los Gobiernos de los Estados participantes información esencial sobre la que pueden formular su política (…)
Los Ministros expresaron su profunda preocupación por las recientes manifestaciones de naciona- lismo agresivo, xenofobia, antisemitismo, racismo y otras violaciones de los derechos humanos. Las violaciones del derecho internacional humanitario y de los principios y compromisos de la CSCE, tales como la “limpieza étnica” o la deportación en masa, ponían en peligro el mantenimiento de la paz, la seguridad y la democracia, y no serán toleradas. Expresaron su convencimiento de que la CSCE, en especial el Comité de Altos Funcionarios y el Alto Comisionado para las Minorías Nacionales, debería prestar mayor atención a esas amenazas contra los derechos humanos y las libertades fundamentales. El CAF informará sobre esta cuestión al Consejo de Ministros en su próxima Reunión, cuando el Consejo examine la evolución registrada.
Los Ministros subrayaron asimismo el importante papel que la Dimensión Humana de la CSCE debería desempeñar en la prevención a largo plazo de los conflictos. Destacaron la necesidad de medidas positivas encaminadas a favorecer el entendimiento y la tolerancia y de medidas preven- tivas a nivel nacional y local. Subrayaron la importancia de los contactos directos entre exper- tos gubernamentales y no gubernamentales, mediante la serie de seminarios sobre la Dimensión Humana comenzados con éxito por el Seminario de la CSCE sobre Tolerancia, (…)
El problema cada vez mayor de los refugiados y personas desplazadas es objeto de gran preocupa- ción para todos los Estados participantes, especialmente en aquellos conflictos en los que el cum- plimiento de las necesidades humanas básicas está en mayor peligro. Los Ministros deploraron las dificultades de las poblaciones civiles que son las más afectadas por tales conflictos y pidie- ron a todos los Estados participantes que realicen una labor concertada para compartir la carga común. Cada gobierno es responsable ante los demás de su conducta respecto de sus ciudadanos
124 Estocolmo 1992
y de los países vecinos. Los individuos deben ser considerados personalmente responsables de los crímenes de guerra y de los actos que cometan en violación del derecho internacional humanitario. (…)
3. Alto Comisionado para las Minorías Nacionales
El Consejo designó al Sr. Max van der Stoel como Alto Comisionado de la CSCE para las Mino- rías Nacionales (ACMN) a fin de reforzar la capacidad de la CSCE en materia de alerta temprana y de diplomacia preventiva. El Alto Comisionado actuará de conformidad con el mandato estable- cido en el Documento de Helsinki. Los Ministros expresaron su apoyo al Alto Comisionado y su buena disposición para cooperar con él en la ejecución de esta compleja pero esencial labor de poder identificar y detener en la fase más temprana posible las tensiones que impliquen cuestiones rela- tivas a las minorías nacionales que puedan degenerar en conflicto dentro de la región de la CSCE.
Los Ministros alentaron al Alto Comisionado a que analice cuidadosamente las posibles zonas de tensión, efectúe visitas a los Estados participantes y celebre amplios debates a todos los niveles con las partes directamente involucradas en las cuestiones. A este respecto, el Alto Comisionado podrá discutir las cuestiones con las partes y, cuando proceda, fomentar el diálogo, la confianza y la cooperación entre ellas a todos los niveles, a fin de mejorar las soluciones políticas acordes con los principios y compromisos de la CSCE.
Los Ministros se comprometieron a facilitar al Alto Comisionado la información pertinente a su disposición sobre las cuestiones relativas a las minorías nacionales, respetando plenamente la inde- pendencia del Alto Comisionado de conformidad con el mandato. (…)
125 Documento de la Cuarta Reunión del Consejo de la CSCE Roma 1993
La CSCE y la Nueva Europa – Nuestra Seguridad es Indivisible (…)
Los Ministros expresaron su profunda preocupación por la proliferación de amenazas a la paz y la estabilidad y por el hecho de que persisten las crisis, la violencia generalizada y los enfrentamien- tos abiertos. Condenaron vigorosamente las crecientes violaciones de los derechos humanos y del derecho humanitario y los intentos de algunos países por conquistar territorios mediante el uso de la fuerza. El creciente flujo de refugiados y los horrendos sufrimientos humanos causados por los conflictos armados deben aliviarse sin demora. Los Ministros reiteraron la responsabilidad per- sonal de los culpables de crímenes contra la humanidad.
A pesar de esos sucesos, se registra un progreso estimulante en materia de derechos humanos, democracia y el estado de derecho en varias partes de la región de la CSCE. Los Ministros expre- saron su satisfacción por la extensión de las elecciones libres y el desarrollo de las instituciones democráticas en muchos Estados participantes. Los Ministros hicieron votos para que la CSCE facilite un apoyo adecuado a esos esfuerzos. (…)
Los Ministros hicieron hincapié en la necesidad de utilizar más ampliamente las capacidades de la CSCE en materia de pronta alerta y diplomacia preventiva e integrar aún más la dimensión humana en este esfuerzo. Elogiaron la contribución del Alto Comisionado para las Minorías Nacionales al desarrollo de estas capacidades.
Asimismo, acogieron con satisfacción el papel creciente de la Oficina de Instituciones Democráti- cas y Derechos Humanos en los marcos de la dimensión humana, así como la contribución de las misiones de la CSCE en las esferas de prevención de conflictos y gestión de crisis. El objetivo de los esfuerzos ulteriores ha de ser el mejorar las capacidades para abordar a tiempo las eventuales crisis. (…)
Con el fin de dar cuerpo y sentido a sus compromisos, los Ministros acordaron un programa de acción, que se aplicará en base a las decisiones que hoy han adoptado.
Estas decisiones se refieren, entre otras cosas, a lo siguiente: (…)
(c) Se reforzará el papel del Alto Comisionado para las Minorías Nacionales. (d) Se integrará más la dimensión humana en el proceso de consulta política de la CSCE; se refor- zará a la OIDDH.
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(…) (j) Se reforzará el papel de la CSCE en la lucha contra el nacionalismo agresivo, el racismo, el cho- vinismo, la xenofobia y el antisemitismo.
Decisiones de la Reunión del Consejo en Roma (…)
III. Alto comisionado para las minorias nacionales
Teniendo presente la estrecha interrelación existente entre los problemas de minorías naciona- les y de prevención de conflictos, los Ministros alentaron al Alto Comisionado para las Minorías Nacionales (ACMN) a que prosiga sus actividades de conformidad con su mandato. Reconocieron que el ACMN es un factor nuevo y eficaz en materia de pronta alerta y de diplomacia preventiva. Los Ministros hicieron hincapié en la importancia de que los Estados participantes cooperen ple- namente con el Alto Comisionado y apoyen el seguimiento y la aplicación de sus recomendacio- nes. Acogieron con agrado la decisión del CAF de incrementar los recursos asignados al ACMN.
IV. Dimensión Humana
1. Los Ministros reiteraron que las cuestiones relativas a la dimensión humana son fundamen- tales para el concepto general de seguridad de la CSCE. Tomaron nota de que la adhesión a los compromisos de la dimensión humana debe consolidarse aún en muchas partes de la región de la CSCE, y expresaron su particular preocupación por el hecho de que la población civil siga siendo víctima de las atrocidades de los conflictos en curso en la región de la CSCE. Preocupados por las causas raíces de la tensión, que proceden de prejuicios históricos, los Ministros pidieron que se lleven a cabo esfuerzos, entre otras formas mediante la educación, para fomentar la tolerancia y la conciencia de pertenecer a un sistema de valores comunes. Los Ministros subrayaron que la apli- cación de los compromisos relativos a la dimensión humana debe ser el centro de atención de los esfuerzos de la CSCE en materia de prevención de conflictos.
2. Con este fin, los Ministros decidieron reforzar los instrumentos relativos a la prevención de conflictos y pronta alerta disponibles en la esfera de la dimensión humana de la CSCE. En este contexto, subrayaron la necesidad de incrementar la cooperación y la coordinación con organiza- ciones internacionales pertinentes tales como el Consejo de Europa, y con las organizaciones no gubernamentales.
Se adoptaron las siguientes decisiones:
3. El proceso de consulta política y las misiones de la CSCE • Con miras a favorecer la consideración y las medidas políticas adoptadas en virtud de la dimen- sión humana, los órganos de la CSCE encargados de tomar decisiones, examinarán periódica- mente las cuestiones relativas a la dimensión humana como parte integrante de las deliberaciones relativas a la seguridad europea. La OIDDH pondrá a disposición recursos e información en apoyo de ese examen. • Deberá hacerse mayor hincapié en las cuestiones relativas a la dimensión humana en los man- datos de las misiones de la CSCE así como en los informes de las misiones de seguimiento. Con este fin se otorgará a la OIDDH un papel más importante en la preparación de las misio- nes de la CSCE, entre otras formas, facilitando información y asesoramiento a las misiones de conformidad con su experiencia.
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• En el contexto de la prevención de conflictos y gestión de crisis, el CAF y el Comité Permanente de la CSCE estudiarán, según proceda, la cuestión de la migración de masas, a saber, personas desplazadas y refugiados, tomando en consideración la función de otros órganos internaciona- les pertinentes.
4. Oficina de Instituciones Democráticas y Derechos Humanos
Los Ministros decidieron reforzar las funciones y actividades de la OIDDH. Entre otras, la OIDDH ampliará las actividades que lleva a cabo en virtud de su mandato en las esferas siguientes: • establecimiento de un más amplio banco de datos de expertos en las esferas relativas a la dimen- sión humana. Se pide a los Estados participantes y a las organizaciones no gubernamentales que informen a la OIDDH sobre los expertos disponibles en las esferas correspondientes a la dimensión humana; • ampliación de su papel en el control general de las elecciones; • fortalecimiento de la cooperación con las organizaciones internacionales pertinentes, con miras a coordinar las actividades e identificar posibles esferas de trabajo en común; • recepción de la información facilitada por las ONG con experiencia pertinente en la esfera de la dimensión humana; • actuación como punto de contacto para la información facilitada por los Estados participantes, de conformidad con los compromisos de la CSCE; • difusión de información general sobre la dimensión humana y el derecho humanitario inter- nacional.
Los Ministros determinaron que, con miras al cumplimiento de sus nuevas tareas, deberían asig- narse recursos adicionales a la OIDDH. Pidieron al CAF que, como se indica más arriba, exa- mine las implicaciones financieras y administrativas que entraña el fortalecimiento de la OIDDH.
5. Perfeccionamiento del Mecanismo de Moscú
Reconociendo que el mecanismo de Moscú es un importante instrumento intergubernamental de continuidad en el marco de la dimensión humana, los Ministros acordaron incrementar su eficacia y promover su utilización, ampliando la lista de recursos y reduciendo los plazos previs- tos en virtud de dicho mecanismo. Asimismo, se autorizará al Comité Permanente de la CSCE a que ponga en funcionamiento el mecanismo y a que, en base a los informes del Relator, adopte las medidas de continuidad que procedan. Para ello, se decidió modificar el mecanismo, tal como se indica en el anexo A.
6. Al preparar la labor de la Reunión de Aplicación sobre Cuestiones Relativas a la Dimensión Humana y de los Seminarios sobre la Dimensión Humana • Los Ministros reconocieron la importancia del resultado de los trabajos de la Primera Reunión de Aplicación sobre Cuestiones Relativas a la Dimensión Humana, y la de los seminarios sobre la dimensión humana realizados hasta la fecha. Se felicitaron por los resultados de la Reunión de Aplicación sobre Cuestiones Relativas a la Dimensión Humana, encargando al CAF y al Comité Permanente de la CSCE que examinen las medidas de continuidad pertinentes. • Se procurará mejorar el seguimiento por los órganos políticos de la CSCE de las reuniones y semi- narios sobre dimensión humana. Se invita a la OIDDH a que, en consulta con los Estados par- ticipantes interesados, presente en las próximas reuniones del CAF o del Comité Permanente,
128 Roma 1993
nuevas propuestas de medidas de continuidad que resulten de los seminarios sobre la dimen- sión humana. • Los Ministros expresaron su aprecio por el trabajo realizado en el seminario sobre medios de comunicación libres para estimular a las emisoras independientes y a la prensa libre. Reiteraron su compromiso de salvaguardar la libertad de expresión, un derecho humano básico, y subraya- ron la necesidad, en una sociedad libre y abierta, de medios de comunicación independientes. Para ello, los Ministros decidieron utilizar mejor los instrumentos de la dimensión humana de la CSCE para el fomento de medios de comunicación abiertos y diversos, incluyendo el estudio de las posibilidades de envío de misiones de la CSCE. (…)
VIII. Integración de los Estados participantes recientemente admitidos (…)
2. Los Ministros subrayaron la importancia de la dimensión humana en la ulterior integración de los Estados participantes recientemente admitidos. Mientras muchos de estos Estados están pasando por un período difícil de transición política y económica, los Ministros expresaron su esperanza de que los Estados participantes recientemente admitidos hagan todo lo que esté a su alcance por cumplir en sus países respectivos con todos los principios y compromisos de la CSCE, incluso en tiempos de crisis. Elogiaron el papel desempeñado por la OIDDH para ayudar a esta- blecer instituciones democráticas en los Estados participantes recientemente admitidos. Pidieron a la OIDDH que intensifique sus esfuerzos para identificar y aplicar proyectos de cooperación con dichos Estados en el marco del Programa de Apoyo Coordinado. Señalaron asimismo la impor- tante contribución de los seminarios sobre la dimensión humana, organizados por la OIDDH, para lograr una mayor comprensión de los problemas originados por el proceso de integración. Convi- nieron en que era importante aprovechar al máximo la experiencia adquirida en dichos seminarios. (…)
X. Declaración sobre el nacionalismo agresivo, el racismo, el chovinismo, la xenofobia y el antisemitismo
1. Recordando las decisiones adoptadas en la Reunión del Consejo celebrada en Estocolmo, los Ministros tomaron nota con profunda preocupación de las crecientes manifestaciones del nacio- nalismo agresivo, tales como el expansionismo territorial y las del racismo, chovinismo, xenofobia y antisemitismo. Estas manifestaciones se oponen directamente a los principios y compromisos de la CSCE.
2. Asimismo, los Ministros tomaron nota de que esos fenómenos pueden llevar a la violencia, a la secesión mediante el uso de la fuerza y de la lucha étnica y, en sus peores instancias, a las prácticas bárbaras de la deportación de masas, limpieza étnica y violencia contra la población civil inocente.
3. El nacionalismo agresivo, el racismo, el chovinismo, la xenofobia y el antisemitismo originan ten- siones étnicas, políticas y sociales dentro de los Estados y entre ellos. También socavan la estabili- dad internacional y los esfuerzos mundiales por colocar a los derechos humanos en una base firme.
4. Los Ministros centraron su atención en la necesidad de tomar medidas urgentes para reforzar la estricta observancia de las normas del derecho humanitario internacional, incluida la prose- cución y castigo de los culpables de crímenes de guerra y otros crímenes contra la humanidad.
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5. Los Ministros convinieron en que la CSCE debe desempeñar un importante papel en esos esfuer- zos. Las claras normas de comportamiento reflejadasen los compromisos de la CSCE incluyen un soporte activo de la igualdad de trato de todas las personas, de conformidad con el derecho inter- nacional y la protección de las minorías nacionales.
6. Los Ministros decidieron mantener esta cuestión en un lugar destacado dentro del orden del día de la CSCE y, por consiguiente, decidieron: • encomendar al Comité Permanente que estudie las posibles medidas de seguimiento; • invitar al Alto Comisionado para las Minorías Nacionales a que, de conformidad con su man- dato, preste particular atención a todos los aspectos del nacionalismo agresivo, del racismo, del chovinismo, de la xenofobia y del antisemitismo; • pedir a la OIDDH que preste particular atención a esos fenómenos y que asigne recursos, si pro- cede, para hacer frente a esos problemas. (…)
Anexo A
Los procedimientos que figuran en los párrafos 3, 7, 11, 13 y 14 del Documento de la Reunión de Moscú de 1991 de la Conferencia sobre la Dimensión Humana de la CSCE se modificarán del modo siguiente (todos los cambios han sido subrayados):
(3) Se establecerá sin demora en la institución de la CSCE* una lista de hasta seis expertos desig- nados por cada estado participante. Los expertos serán personas eminentes, con inclusión, cuando sea posible, de expertos con experiencia en cuestiones de minorías nacionales, preferentemente experimentadas en la esfera de la dimensión humana de las que cabe esperar un desempeño impar- cial de sus funciones.
Los expertos serán designados por un plazo de tres a seis años, a discreción del Estado que los designe, pero ningún experto cumplirá más de dos mandatos consecutivos. Transcurridas cuatro semanas de la notificación de la designación por parte de la institución de la CSCE, todo Estado participante podrá formular reservas con respecto a no más de dos expertos cuya designación corresponda a otro Estado participante. En este caso, el Estado que efectúe la designación podrá, en el plazo de cuatro semanas después de haber sido informado de dichas reservas, volver a consi- derar su decisión y designar otro u otros expertos; si confirma la designación originalmente pre- tendida, el experto de que se trate no podrá participar en ningún procedimiento con respecto al Estado que haya formulado la reserva, salvo consentimiento expreso de dicho Estado.
La lista será operativa tan pronto como se hayan designado 45 expertos.
(7) La misión de expertos presentará sus observaciones al Estado invitante lo antes posible, pre- ferentemente dentro de las tres semanas siguientes a la fecha del establecimiento de la misión. El Estado invitante transmitirá las observaciones de la misión, junto con una descripción de las medi- das que haya adoptado o desee adoptar al respecto, a los demás Estados participantes por medio de la institución de la CSCE, a más tardar dos semanas después de presentadas las observaciones.
El Comité de Altos Funcionarios podrá examinar las observaciones y eventuales comentarios del Estado invitante, y considerar cualquier posible medida complementaria. Las observaciones y comentarios serán confidenciales hasta que se señalen a la atención de los Altos Funcionarios.
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Antes de que se distribuyan las observaciones, y los comentarios si los hubiere, no podrá desig- narse ninguna otra misión de expertos para el mismo asunto.
(11) El relator o relatores de la CSCE determinará(n) los hechos, informará(n) respecto de ellos y podrá(n) proporcionar consejo acerca de posibles soluciones para la cuestión planteada. El informe del relator o relatores, que contenga observaciones de hechos, propuestas o consejos, se presentará al Estado o Estados participante(s) interesado(s) y, a menos de que todos los Estados interesados acuerden otra cosa, a la Institución de la CSCE, a más tardar dos semanas después de que se haya designado el último relator. El Estado demandado presentará a la Institución de la CSCE sus even- tuales observaciones sobre el informe, a menos que todos los Estados interesados acuerden otra cosa, a más tardar dos semanas después de la fecha de presentación del informe.
La institución de la CSCE transmitirá sin demora a todos los Estados participantes el informe y las eventuales observaciones del Estado demandado o cualquier otro Estado participantes.
El informe figurará en el orden del día de la siguiente reunión ordinaria del Comité de Altos Fun- cionarios o del Comité Permanente de la CSCE, que podrá decidir sbre posibles acciones comple- mentarias. El informe será confidencial hasta que haya finalizado esa reunión del Comité. Antes de que se distribuya el informe no podrá designarse para la misma cuestión ningún otro relator.
(13) A petición de cualquier Estado participante, el Comité de Altos Funcionarios o el Comité Per- manente de la CSCE podrá decidir establecer una misión de expertos o de relatores de la CSCE. En estos casos el Comité determinará también si se aplicarán las disposiciones adecuadas de los párrafos anteriores.
(14) El Estado o Estados participante(s) que haya(n) pedido el establecimiento de una misión de expertos o de relatores sufragará(n) los gastos de dicha misión. En el caso de designación de exper- tos o relatores en cumplimiento de una decisión del Comité de Altos Funcionarios o del Comité Permanente de la CSCE, los Estados participantes sufragarán los gastos con arreglo al baremo habitual de reparto de gastos. La Reunión de Continuidad de Helsinki de la CSCE examinará estos procedimientos.
131 Documento de Budapest: Hacia una auténtica asociación en una nueva era (Cumbre de Jefes de Estado)
Budapest 1994
Declaración de la Cumbre de Budapest (…)
7. Los valores democráticos de la CSCE son fundamentales para nuestra meta común de estable- cer una comunidad de naciones sin divisiones, tanto antiguas como nuevas, en la que la igualdad soberana y la independencia de todos los Estados sean plenamente respetadas, no haya esferas de influencia y se protejan vigorosamente los derechos humanos y las libertades fundamentales de todos los individuos, sin consideración de raza, color, sexo, idioma, religión y origen social o per- tenencia a minoría. (…)
14. Confirmamos la importancia de la dimensión humana en todas las actividades generales de la CSCE. El respeto a los derechos humanos y libertades fundamentales, a la democracia y al estado de derecho es un elemento esencial de la seguridad y la cooperación en la región de la CSCE. Debe seguir siendo un objetivo primordial de la actividad de la CSCE. Exámenes periódicos del cum- plimiento de nuestros compromisos, si bien son fundamentales para toda la CSCE, cobran para la Dimensión Humana una importancia decisiva. Seguirá aumentándose la capacidad de la Oficina de Instituciones Democráticas y Derechos Humanos para ayudar a los Estados participantes, espe- cialmente a los que se encuentran en fase de transición. Subrayamos la importancia de los contac- tos humanos para superar el legado de viejas divisiones. (…)
Decisiones de Budapest
I. Fortalecimiento de la CSCE
1. La nueva era de seguridad y cooperación en Europa ha producido un cambio fundamental en la CSCE y una ampliación espectacular de su función en la configuración de nuestra región común de seguridad. Para reflejar esto, en adelante la CSCE pasará a designarse como la Organización para la Seguridad y la Cooperación en Europa (OSCE). El cambio de nombre será efectivo a partir del 1 de enero de 1995. Desde esa fecha, todas las referencias a la CSCE serán consideradas como referencias a la OSCE. (…)
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3. Los Jefes de Estado o de Gobierno han decidido que las funciones y el papel futuros de la CSCE serán entre otros los siguientes: (…)
5. – garantizar la plena aplicación de todos los compromisos de la CSCE; (…)
11. – seguir desarrollando la labor de la CSCE en la esfera de los derechos humanos y las liberta- des fundamentales y en otras esferas de la dimensión humana; (…)
14. Para cumplir estos objetivos, la CSCE funcionará como sigue:
15. La próxima Reunión de Jefes de Estado o de Gobierno se celebrará en 1996, en Lisboa, y estará precedida por una reunión preparatoria. La Cumbre decidirá la frecuencia con que se celebrarán las futuras reuniones Cumbre.
16. El Consejo de Ministros (anteriormente el Consejo de la CSCE), en tanto que órgano central de gobierno y de adopción de decisiones de la CSCE, se reunirá, por regla general, a finales del man- dato de cada presidencia, a nivel de Ministros de Asuntos Exteriores.
17. El Consejo Superior (que sustituye al Comité de Altos Funcionarios) se reunirá en Praga dos veces al año como mínimo. Antes de la Reunión del Consejo de Ministros se celebrará una reunión adicional. El Consejo Superior examinará y establecerá directrices políticas y directrices presupues- tarias generales. Se alienta a los Estados participantes a que se reúnan a nivel de directores políticos o a un nivel correspondiente. El Consejo Superior también se convocará como Foro Económico.
18. El Consejo Permanente (antes Comité Permanente) será el órgano ordinario de consulta polí- tica y adopción de decisiones. Asimismo, podrá ser convocado para casos de emergencia. Se reu- nirá en Viena y estará compuesto por los representantes permanentes de los Estados participantes.
19. La responsabilidad general de las medidas de carácter ejecutivo seguirá correspondiendo al Presidente en ejercicio. Este continuará sacando pleno partido de su mandato, entre otras cosas, enviando representantes personales. El Presidente en ejercicio contará con la asistencia de la Troika. El mandato de la Presidencia en ejercicio durará normalmente un año civil.
20. El Secretario General continuará aprovechando plenamente su mandato y, para apoyar al Pre- sidente en ejercicio, participará más activamente en todos los aspectos de la gestión de la CSCE. También participará en las reuniones ministeriales de la Troika
21. Se apoyará la continuación de las actividades del Alto Comisionado para las Minorías Nacio- nales y se incrementarán sus recursos. Los Estados participantes aumentarán sus esfuerzos para aplicar sus recomendaciones.
22. La labor de las misiones de la CSCE recibirá el apoyo político y seguimiento del Consejo Per- manente. Con miras a asegurar el cumplimiento de sus tareas, los Estados participantes se com- prometerán a aportar los recursos humanos y financieros necesarios.
23. Se reforzará la Oficina de Instituciones Democráticas y Derechos Humanos de la CSCE en el importante papel que desempeña en las actividades de la CSCE.
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24. El Presidente en ejercicio seguirá manteniendo estrechos contactos y un activo diálogo con la Asamblea Parlamentaria (AP). El Presidente en ejercicio señalará a la atención del Consejo Perma- nente las recomendaciones de la AP, a la que informará sobre las actividades de la CSCE.
25. Se mantendrá la forma actual de examen del cumplimiento de todos los compromisos de la CSCE. La reunión de examen anterior a cada Cumbre se celebrará en Viena. (…)
IV. Código de conducta sobre los aspectos político-militares de la seguridad
Preambulo
Los Estados participantes en la Conferencia sobre la Seguridad y la Cooperación en Europa (CSCE),
Reconociendo la necesidad de fortalecer la cooperación en materia de seguridad, entre otras formas, mediante la promoción de normas de conducta responsable y cooperativa en la esfera de la seguridad,
Confirmando que no hay nada en el presente Código que menoscabe la validez y aplicabilidad de los Propósitos y Principios de la Carta de las Naciones Unidas o de otras disposiciones del dere- cho internacional,
Reafirmando la plena validez de los principios rectores y de los valores comunes del Acta Final de Helsinki, la Carta de París y el Documento de Helsinki 1992, expresión de las responsabilida- des de los Estados entre sí y de los gobiernos hacia sus pueblos, así como la validez de otros com- promisos de la CSCE,
Han adoptado el siguiente Código de Conducta sobre los aspectos político-militares de la seguridad:
I
1. Los Estados participantes ponen de relieve que el pleno respeto de todos los principios de la CSCE incorporados en el Acta Final de Helsinki y la aplicación de buena fe de todos los compro- misos adquiridos en la CSCE tienen importancia fundamental para la estabilidad y la seguridad, y que por consiguiente constituyen una cuestión de interés directo y legítimo para todos ellos.
2. Los Estados participantes confirman la validez continua de su concepto integral de la seguridad, iniciado en el Acta Final, que relaciona el mantenimiento de la paz con el respeto de los derechos humanos y las libertades fundamentales. Asimismo, vincula la cooperación en materia de econo- mía y medio ambiente con las relaciones pacíficas entre los Estados. (…)
II
6. Los Estados participantes no apoyarán de ningún modo las actividades terroristas y adoptarán medidas adecuadas para evitar y combatir el terrorismo en todas sus formas. Cooperarán plena- mente para combatir la amenaza de actividades terroristas mediante la aplicación de instrumen- tos y compromisos internacionales que convengan a este respecto. En especial, adoptarán medidas para cumplir los requisitos de los acuerdos internacionales en virtud de los cuales se obligan a pro- cesar a los terroristas o a conceder su extradición.
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(…)
VI
17. Los Estados participantes se comprometen a cooperar, inclusive mediante el establecimiento de condiciones económicas y ambientales adecuadas, para contrarrestar las tensiones que puedan provocar conflictos. El origen de estas tensiones yace en violaciones de los derechos humanos y de las libertades fundamentales, así como de otros compromisos en la dimensión humana; las mani- festaciones de nacionalismo agresivo, racismo, chovinismo, xenofobia y antisemitismo también pueden poner en peligro la paz y la seguridad.
18. Los Estados participantes resaltan la importancia tanto de la pronta identificación de conflic- tos potenciales como de sus esfuerzos conjuntos en la esfera de prevención de conflictos, gestión de crisis y arreglo pacífico de controversias.
19. En caso de conflicto armado, los Estados participantes tratarán de facilitar el cese efectivo de hostilidades y de crear condiciones que favorezcan la solución política del conflicto. Cooperarán en apoyo de la ayuda humanitaria dirigida a mitigar el sufrimiento de la población civil, inclusive facilitando el movimiento de personal y de recursos dedicados a dichas tareas.
VII
20. Los Estados participantes consideran que el control político democrático de las fuerzas milita- res, paramilitares y de seguridad interna, así como de los servicios de información y de la policía, es un elemento indispensable de estabilidad y seguridad. Fomentarán la integración de sus fuer- zas armadas en la sociedad civil como una importante expresión de democracia.
21. Cada Estado participante establecerá y mantendrá en todo momento la dirección eficaz y el con- trol de sus fuerzas militares, paramilitares y de seguridad por autoridades establecidas de acuerdo a la constitución, investidas de legitimidad democrática. Cada Estado participante establecerá controles para velar por que esas autoridades cumplan con sus responsabilidades constitucionales y legales. Los Estados participantes definirán claramente las funciones y las misiones de esas fuer- zas y su obligación de actuar únicamente dentro del marco constitucional.
22. Cada Estado participante velará por que sus gastos de defensa sean aprobados por su poder legislativo. Cada Estado participante, teniendo debidamente en cuenta las necesidades de seguri- dad nacional, moderará sus gastos militares y velará por la transparencia y el público acceso a la información relacionada con las fuerzas armadas.
23. Cada Estado participante, aun atendiendo al ejercicio de los derechos civiles de los miembros de sus fuerzas armadas, velará por que éstas, como tales, sean políticamente neutrales.
24. Cada Estado participante adoptará y mantendrá medidas para impedir la utilización acciden- tal o no autorizada de medios militares.
25. Los Estados participantes no tolerarán ni apoyarán fuerzas no sometidas ni controladas por las autoridades establecidas constitucionalmente. Si un Estado participante no puede ejercer su autoridad sobre tales fuerzas, podrá iniciar consultas en el marco de la CSCE para examinar las medidas que deban adoptarse.
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26. Cada Estado participante garantizará que, de conformidad con sus compromisos internacio- nales, sus fuerzas paramilitares no adquirirán una capacidad para realizar misiones de combate que sea superior a aquélla para la que fueron establecidas.
27. Cada Estado participante garantizará que el reclutamiento o la llamada a filas de personas para que presten servicio en sus fuerzas militares, paramilitares y de seguridad sea compatible con sus obligaciones y compromisos con respecto a los derechos humanos y las libertades fundamentales.
28. Los Estados participantes recogerán en sus leyes u otros documentos pertinentes los derechos y deberes del personal de sus fuerzas armadas. Considerarán la posibilidad de establecer exencio- nes o alternativas al servicio militar.
29. Los Estados participantes difundirán ampliamente en sus respectivos países el derecho huma- nitario internacional aplicable en caso de guerra. Recogerán en sus programas y reglamentos de enseñanza militar sus compromisos en esta esfera, de conformidad con la práctica nacional.
30. Cada Estado participante instruirá a sus fuerzas armadas sobre el derecho humanitario inter- nacional, convenios y compromisos humanitarios internacionales que regulan los conflictos arma- dos, y velará por que esas personas tengan conciencia de que, en virtud del derecho nacional e internacional, son responsables individualmente de sus actos.
31. Los Estados participantes velarán por que el personal de sus fuerzas armadas investido de mando ejerza su autoridad de conformidad con el derecho nacional e internacional pertinente y sepa que puede ser considerado personalmente responsable, en aplicación del mencionado dere- cho, del ejercicio ilícito de dicha autoridad, y que no debe dar órdenes contrarias al derecho nacio- nal e internacional. La responsabilidad de los superiores no exime a los subordinados de ninguna de sus responsabilidades individuales.
32. Cada Estado participante velará por que el personal que sirva en sus fuerzas militares, para- militares y de seguridad pueda disfrutar y ejercer sus derechos humanos y libertades fundamen- tales recogidos en los documentos de la CSCE y el derecho internacional, de conformidad con las disposiciones constitucionales y legales pertinentes y con las necesidades del servicio.
33. Cada Estado participante establecerá procedimientos jurídicos y administrativos apropiados para proteger los derechos de todo el personal de sus fuerzas armadas.
VIII
34. Cada Estado participante velará por que sus fuerzas armadas estén, en la paz y en la guerra, mandadas, dotadas, adiestradas y equipadas de forma compatible con las disposiciones del derecho internacional y sus obligaciones y compromisos respectivos relativos a la utilización de las fuerzas armadas en los conflictos armados, incluidos, según proceda, los Convenios de La Haya de 1907 y 1954, los Convenios de Ginebra de 1949 y sus Protocolos Adicionales de 1977, así como la Con- vención de 1980 sobre la Utilización de Ciertas Armas Convencionales.
35. Cada Estado participante velará por que su política y doctrina de defensa corresponda al dere- cho internacional relativo a la utilización de las fuerzas armadas, inclusive en los conflictos arma- dos, y a los compromisos pertinentes del presente Código.
36. Cada Estado participante velará por que toda decisión de destinar sus fuerzas armadas a misiones de seguridad interna se adopte de conformidad con procedimientos constitucionales. Esas decisiones
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prescribirán las misiones de las fuerzas armadas, garantizando que se realicen bajo el control efec- tivo de las autoridades constitucionalmente establecidas y con sujeción al estado de derecho. Si en la realización de sus misiones de seguridad interna no se puede impedir el recurso a la fuerza, cada Estado participante velará por que ésta se utilice en la medida necesaria para el cumpli- miento de la ley. Las fuerzas armadas harán lo posible por evitar que se causen daños a las perso- nas civiles o sus bienes.
37. Los Estados participantes no utilizarán las fuerzas armadas para restringir el ejercicio pací- fico y legal de los derechos humanos y civiles de las personas, consideradas individualmente o como representantes de grupos, ni para despojarlas de su identidad nacional, religiosa, cultural, lingüística o étnica.
IX
38. Cada Estado participante es responsable de la aplicación del presente Código. Si se le pide, un Estado participante dará explicaciones adecuadas con respecto a su aplicación del Código. Se uti- lizarán los órganos, mecanismos y procedimientos adecuados de la CSCE para evaluar, examinar y, en caso necesario, mejorar la aplicación del presente Código.
X
39. Las disposiciones adoptadas en el presente Código de Conducta son políticamente vinculantes. En consecuencia, el presente Código no podrá registrarse con arreglo al Artículo 102 de la Carta de las Naciones Unidas. El presente Código entrará en vigor el 1 de enero de 1995.
40. Nada de lo dispuesto en el presente Código alterará la naturaleza y el contenido de los com- promisos establecidos en otros documentos de la CSCE.
41. Los Estados participantes tratarán de garantizar que sus pertinentes documentos y procedi- mientos internos, o sus instrumentos jurídicos cuando proceda, recojan los compromisos adqui- ridos en virtud del presente Código.
42. El texto del presente Código se publicará en cada Estado participante, que lo difundirá y dará a conocer con la mayor amplitud posible.
VIII. La dimensión humana
Introducción
1. al examinar la aplicación de los compromisos de la CSCE en la Dimensión Humana, los Estados participantes basaron sus debates en la comunidad de valores que habían establecido, que se refle- jan en las elevadas normas creadas dentro de la CSCE. Durante el debate, se señaló que se habían hecho importantes progresos en el cumplimiento de los compromisos de la dimensión humana. Los Estados participantes admitieron, sin embargo, que en algunas esferas había un grave dete- rioro y que eran necesarias medidas contra las continuas violaciones de los derechos humanos y las manifestaciones de nacionalismo agresivo, tales como el expansionismo territorial, además del racismo, chovinismo, xenofobia y antisemitismo, que siguen causando sufrimientos humanos.
2. Los derechos humanos y las libertades fundamentales, el estado de derecho y las institucio- nes democráticas son los fundamentos de la paz y la seguridad y representan una contribución
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esencial a la prevención de los conflictos dentro de un amplio concepto general de seguridad. La protección de los derechos humanos, incluidos los derechos de las personas pertenecientes a mino- rías nacionales, es una base esencial de la sociedad civil democrática. El olvido de estos derechos ha contribuido, en casos graves, al extremismo, a la inestabilidad regional y a los conflictos. Los Estados participantes confirmaron que las cuestiones relativas a la aplicación de los compromi- sos de la CSCE eran objeto de legítima y común preocupación de todos los Estados participan- tes y que, por consiguiente, el planteamiento de estos problemas dentro del espíritu cooperativo y orientado a la obtención de resultados de la CSCE era positivo. Se comprometieron a estimular la aplicación de los compromisos de la CSCE mediante un diálogo más amplio y las revisiones de aplicación y los mecanismos. Ampliarán el marco operativo de la CSCE, en particular mediante la ampliación de la Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH), aumen- tando su participación en la labor del Consejo Permanente y la actividad de las misiones, e impul- sando la cooperación con las organizaciones e instituciones internacionales activas en las esferas de la dimensión humana.
3. La participación de las organizaciones no gubernamentales (ONG) fue un nuevo elemento aco- gido con satisfacción en el examen de la aplicación. En sus declaraciones, esas organizaciones apor- taron ideas y plantearon cuestiones de interés para que los Estados participantes las tomaran en consideración. Asimismo, informaron a los Estados participantes acerca de sus actividades, por ejemplo, en la esfera de la prevención y solución de conflictos. La experiencia de la Conferencia de Revisión de Budapest invita a que se siga considerando la posibilidad de fomentar el diálogo, en el marco de la CSCE, entre los gobiernos y las ONG de los Estados participantes, además del diá- logo de Estado a Estado.
4. Reafirmando sus compromisos en la esfera de la Dimensión Humana, los Estados participantes, si bien consideran esencial concentrar sus esfuerzos en la aplicación de los compromisos vigen- tes de la CSCE, deciden mejorar el marco de su cooperación y con este fin adoptan lo siguiente:
Mejora del cumplimiento de los compromisos de la CSCE y promoción de la cooperación y el diálogo en la dimensión humana
Mejora de la aplicación
5. Basándose en las estructuras de revisión de la aplicación del Documento de Helsinki 1992 y con el fin de mejorar la aplicación de la Dimensión Humana, los Estados participantes utilizarán al Consejo Permanente para incrementar el diálogo sobre la Dimensión Humana y para la adopción de posibles medidas en los casos de no aplicación de los compromisos de la Dimensión Humana. Con este fin, los Estados participantes deciden que las cuestiones de la Dimensión Humana figuren regularmente en las deliberaciones del Consejo Permanente. Los Estados participantes recurrirán más ampliamente a las posibilidades ofrecidas por el Mecanismo de Moscú para examinar o pro- mover la solución en su territorio de cuestiones relacionadas con la dimensión humana de la CSCE.
6. Los Estados participantes alentarán al Presidente en ejercicio a que informe al Consejo Perma- nente acerca de los casos graves de presunto incumplimiento de los compromisos sobre la Dimen- sión Humana, inclusive sobre la base de información de la OIDDH, informes y recomendaciones del Alto Comisionado para las Minorías Nacionales (ACMN), o los informes del jefe de una misión de la CSCE, así como información del Estado interesado.
7. Los Estados participantes reiteran su agradecimiento al ACMN que, de plena conformidad con su mandato, ha sido capaz de interesarse y ocuparse con éxito de numerosas cuestiones relacionadas con minorías nacionales, teniendo en cuenta las situaciones específicas de los Estados participantes
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y de las partes directamente interesadas. Estimulan al ACMN a que prosiga sus actuales activida- des y le apoyan para que lleve a cabo otras nuevas, incluidas las relacionadas con sus recomenda- ciones. Incrementarán sus esfuerzos para aplicar esas recomendaciones.
Función de la OIDDH
8. La OIDDH, como principal institución de la dimensión humana, en consulta con el Presidente en ejercicio, participará en calidad de asesora en las deliberaciones del Consejo Superior y del Consejo Permanente, presentando periódicamente informes acerca de sus actividades y facili- tando información sobre las cuestiones de aplicación. Facilitará apoyo material para la revisión anual de la aplicación y, cuando sea necesario, aclarará o complementará la información recibida. Actuando en estrecha consulta con el Presidente en ejercicio, el Director de la OIDDH podrá pro- poner otras medidas.
9. Los Estados participantes reconocen la necesidad de impulsar la cooperación, por conducto de la OIDDH, con otras organizaciones e instituciones internacionales activas en la esfera de la dimen- sión humana, incluido entre otros el Alto Comisionado de las Naciones Unidas para los Derechos Humanos, para el intercambio de información, inclusive informes, y para el ulterior desarrollo de las actividades orientadas hacia el futuro, tal como se indica en el presente documento.
10. Los Estados participantes deciden: • incrementar la cooperación de la CSCE con otras organizaciones e instituciones regionales, en particular el ACNUR y la OIM, con miras a contribuir a la preparación por el ACNUR de una conferencia regional que se ocupará de los problemas de los refugiados, de las personas des- plazadas, de otras formas de desplazamiento involuntario y de las personas repatriadas de los países de la Comunidad de Estados Independientes (CEI) y otros Estados vecinos interesados, estableciendo, tras celebrar consultas en el Comité Financiero informal, un puesto temporal de un experto en migraciones, financiado con cargo a contribuciones voluntarias; • encomendar a la OIDDH que siga actuando como centro para el intercambio de información sobre las cuestiones relacionadas con los medios de comunicación en la región, y alientan a los gobiernos, los periodistas y las ONG a que faciliten a la OIDDH información sobre la situación de los medios de comunicación.
11. Se consultará a la OIDDH antes de que se adopte el mandato de una misión de la CSCE y se contribuirá al seguimiento de los informes de la misión según decida el Consejo Permanente. Los conocimientos de los expertos en la esfera de la Dimensión Humana de la OIDDH deberían uti- lizarse para ayudar a dotar de personal a las misiones de la CSCE. Esas misiones designarán asi- mismo a uno de sus miembros para que sirva de enlace con la OIDDH y con las ONG en lo que respecta a las cuestiones de la dimensión humana.
12. La OIDDH desempeñará un papel destacado en la observación de las elecciones, antes, durante y después de su celebración. En este contexto, la OIDDH debería evaluar las condiciones para el funcionamiento libre e independiente de los medios de comunicación.
Los Estados participantes piden que se mejore la coordinación entre las diversas organizaciones que observan elecciones y encomiendan a la OIDDH que establezca, en consulta con todas las organi- zaciones pertinentes, un marco para la coordinación en este campo.
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Para mejorar los preparativos y procedimientos de observación de elecciones, la OIDDH elabo- rará un manual para los observadores de las elecciones y establecerá un calendario actualizado con las próximas elecciones.
13. Las disposiciones mencionadas en el capítulo de la dimensión humana del presente documento no constituyen en modo alguno ningún cambio en el mandato de la OIDDH ni del ACMN.
Seminarios de la OIDDH
14. Por regla general, se reducirá el número de seminarios de gran escala sobre la Dimensión Humana a dos por año. Se centrarán en temas que sean objeto del más amplio interés. Se hará más hincapié en los seminarios regionales. Cuando proceda, formarán parte del Programa de Apoyo Coordinado. Estos seminarios intentarán contar con la plena participación de los Estados de la región en que se celebren. Se pide a la OIDDH que presente al Consejo Permanente un informe sobre cómo aumen- tar la eficacia de los seminarios sobre la dimensión humana. Aunque estos seminarios no darán origen a un documento negociado, debería prestarse especial atención a mejorar su seguimiento.
15. Durante la Conferencia de Revisión se propuso un amplio número de temas posibles para semi- narios, tanto de gran escala como regionales. La Secretaría Ejecutiva guardaba una lista, que se transmitirá al Consejo Permanente. De conformidad con las disposiciones pertinentes del Docu- mento de Helsinki 1992, el Consejo Permanente establecerá un programa de trabajo anual en el que figurarán los títulos, fechas y lugares de celebración de esos seminarios, con el asesoramiento de la OIDDH y del ACMN.
16. Los Estados participantes acogieron con satisfacción el ofrecimiento de Rumania de celebrar en Bucarest un Seminario Internacional sobre la Tolerancia, bajo los auspicios de la OIDDH y el Consejo de Europa, en cooperación con la UNESCO, en el contexto del Año Internacional de la Tolerancia, 1995.
Función de las ONG
17. Los Estados participantes y las instituciones de la CSCE seguirán proporcionando oportunida- des para aumentar la participación de las ONG en las actividades de la CSCE, según se indica en el Capítulo IV del Documento de Helsinki 1992. Buscarán la manera de que la CSCE saque el máximo partido del trabajo realizado y de la información facilitada por las ONG. Se pide al Secretario Gene- ral que lleve a cabo un estudio sobre la manera de seguir fomentando la participación de las ONG.
Compromisos y cooperación
Estado de derecho
18. Los Estados participantes ponen de relieve que toda acción adoptada por las autoridades públi- cas tiene que ajustarse al estado de derecho, garantizando de ese modo la seguridad jurídica del individuo.
Destacan también la necesidad de proteger a los defensores de los derechos humanos y recomien- dan que se finalice y adopte, en el marco de las Naciones Unidas, el proyecto de declaración sobre el Derecho y la Responsabilidad de las Personas, los Grupos y los Organos de la Sociedad de Fomentar y Proteger los Derechos Humanos y las Libertades Fundamentales Reconocidos Universalmente.
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Pena capital
19. Los Estados participantes reafirman los compromisos que asumieron en los Documentos de Copenhague y Moscú sobre la cuestión de la pena capital.
Prevención de la tortura
20. Los Estados participantes condenan firmemente todas las formas de tortura como una de las violaciones más flagrantes de los derechos humanos y de la dignidad humana, y se comprometen a esforzarse por eliminarla. A este respecto, reconocen la importancia de las normas internaciona- les establecidas en tratados internacionales sobre derechos humanos, en particular la Convención de las Naciones Unidas contra la Tortura y otros Tratos y Castigos Crueles, Inhumanos y Degra- dantes, y la Convención Europea para la Prevención de la Tortura y el Trato o los Castigos Inhu- manos o Degradantes. Asimismo, reconocen la importancia de la legislación nacional encaminada a erradicar la tortura. Se comprometen a investigar todos los presuntos casos de tortura y a proce- sar a los autores. También se comprometen a incluir en sus programas educativos y de formación destinados a las fuerzas del orden y la policía disposiciones específicas con miras a erradicar la tortura. Consideran que un intercambio de información sobre este problema es un requisito pre- vio esencial. Los Estados participantes deberían tener la posibilidad de obtener dicha información. En este contexto, la CSCE debería basarse asimismo en la experiencia del Relator Especial sobre la Tortura y otros Tratos y Castigos Crueles, Inhumanos y Degradantes establecido por la Comisión de Derechos Humanos de las Naciones Unidas, y utilizar la información facilitada por las ONG.
Minorías nacionales
21. Los Estados participantes reafirman su constante determinación de fomentar la aplicación de las disposiciones del Acta Final y todos los demás documentos de la CSCE relativos a la protec- ción de los derechos de las personas pertenecientes a minorías nacionales. Elogian la labor del ACMN en este campo.
22. Los Estados participantes acogen complacidos los esfuerzos internacionales destinados a mejo- rar la protección de los derechos de las personas pertenecientes a minorías nacionales. En este contexto toman nota de la adopción, en el Consejo de Europa, de una Convención Marco sobre la Protección de las Minorías Nacionales, que se basa en las normas de la CSCE. Subrayaron que la Convención está abierta -por invitación- a la firma de los Estados que no son miembros del Con- sejo de Europa y que podrían examinar la posibilidad de pasar a ser partes en dicha Convención.
Romaníes y sinti
23. Los Estados participantes deciden designar en la OIDDH un punto de contacto para las cues- tiones de romaníes y sinti (gitanos). Se encomendará lo siguiente a la OIDDH: • que actúe como centro de coordinación del intercambio de la información sobre las cuestiones relativas a romaníes y sinti (gitanos), incluida información sobre la aplicación de los compro- misos respecto de romaníes y sinti (gitanos); • que facilite los contactos entre Estados participantes, organizaciones e instituciones internacio- nales y ONG sobre cuestiones relativas a romaníes y sinti (gitanos); • que mantenga y desarrolle contactos sobre estas cuestiones entre las instituciones de la CSCE y otras organizaciones internacionales.
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Para cumplir estas tareas, la OIDDH hará pleno uso de los recursos existentes. En este contexto, se felicitan del anuncio hecho por algunas organizaciones romaníes y sinti (gitanos) de aportar contribuciones voluntarias.
24. Los Estados participantes acogen complacidos las actividades que se ocupan de las cuestiones relativas a romaníes y sinti (gitanos) llevadas a cabo en otras organizaciones e instituciones inter- nacionales, en particular las emprendidas en el Consejo de Europa.
Tolerancia y no discriminación
25. Los Estados participantes condenan las manifestaciones de intolerancia, especialmente las de nacionalismo agresivo, racismo, chovinismo, xenofobia y antisemitismo, y continuarán fomentando medidas efectivas destinadas a su erradicación. Piden a la OIDDH que siga prestando particular atención a estos fenómenos recogiendo información sobre sus diferentes manifestaciones en los Estados participantes. Tratarán de fortalecer o adoptar legislación adecuada para este fin y toma- rán las medidas necesarias para garantizar que la legislación vigente se aplique eficazmente, de manera que evite las manifestaciones de esos fenómenos. Asimismo, insistieron en que las medi- das destinadas a combatir estos fenómenos deberían considerarse como parte integral de la política y la educación relativa a la integración. Condenan todos los crímenes cometidos en prosecución de la llamada “limpieza étnica” y seguirán prestando su apoyo eficaz al Tribunal Internacional sobre Crímenes de Guerra en la antigua Yugoslavia, establecido en La Haya.
26. Encomian el plan de acción del Consejo de Europa sobre el racismo, la xenofobia, el antisemi- tismo y la intolerancia. Consecuentemente con la Declaración del Consejo de Roma, las institucio- nes de la CSCE estudiarán las posibilidades de trabajar conjuntamente con el Consejo de Europa, así como con las Naciones Unidas y otras organizaciones internacionales.
27. Reafirmando su compromiso de garantizar la libertad de conciencia y religión y de favorecer un clima de tolerancia y respeto mutuo entre los creyentes de diferentes comunidades, así como entre creyentes y no creyentes, expresaron su preocupación por la explotación de la religión con fines nacionalistas agresivos.
Trabajadores migrantes
28. Los Estados participantes reiteran que los derechos humanos son universales e indivisibles. Reconocen que la protección y fomento de los derechos de los trabajadores migrantes pertenecen a la dimensión humana. Subrayan el derecho de los trabajadores migrantes a manifestar libremente sus características étnicas, culturales, religiosas y lingüísticas. El ejercicio de tales derechos podrá estar sujeto a aquellas restricciones prescritas por la ley y conformes con las normas internacionales.
29. Decidieron que deberían tomarse las medidas adecuadas para prevenir mejor los ataques racis- tas y otras manifestaciones de intolerancia violenta contra los trabajadores migrantes y sus familias.
30. Reiteran su condena de todos los actos de discriminación basados en la raza, el color y el origen étnico, la intolerancia y la xenofobia contra los trabajadores migrantes. Continuarán, de conformidad con las leyes nacionales y las obligaciones internacionales, tomando medidas eficaces para este fin.
31. Seguirán fomentando la integración de los trabajadores migrantes en las sociedades en las que residen legalmente. Reconocen que el éxito de un proceso de integración depende también de la prosecución activa por parte de los propios migrantes y, por consiguiente, deciden estimularles a este respecto.
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Migración
32. Los Estados participantes expresan su preocupación por los movimientos migratorios de masas en la región de la CSCE, que incluyen a millones de refugiados y personas desplazadas debido prin- cipalmente a la guerra, los conflictos armados, las tensiones civiles y graves violaciones de los dere- chos humanos. Tomando en cuenta las Decisiones del Consejo de Roma de 1993, deciden ampliar su cooperación con los organismos internacionales pertinentes, en este campo.
Toman nota de los esfuerzos del ACNUR para preparar una conferencia regional que se ocupe de los problemas de los refugiados, de las personas desplazadas, de otras formas de desplazamiento involuntario y de las personas repatriadas de los países de la Comunidad de Estados Independien- tes (CEI) y otros Estados vecinos interesados.
Derecho humanitario internacional
33. Los Estados participantes deploran profundamente la serie de flagrantes violaciones del dere- cho humanitario internacional ocurridas en la región de la CSCE en los últimos años y reafirman su compromiso de respetar y asegurar el respeto del derecho humanitario internacional general y, en particular, sus obligaciones de conformidad con los instrumentos internacionales pertinentes, incluidas las Convenciones de Ginebra de 1949 y sus Protocolos adicionales en los que son parte.
34. Subrayan el posible significado de una declaración sobre normas humanitarias mínimas aplicable en todas las situaciones y declaran su voluntad de participar activamente en sus preparativos dentro del marco de las Naciones Unidas. Se comprometen asimismo a garantizar información y capaci- tación adecuada dentro de sus servicios militares en lo que respecta a las disposiciones de derecho humanitario internacional y consideran que debería hacerse asequible la información pertinente.
35. Valoran altamente el desarrollo de la cooperación entre la CSCE y el Comité Internacional de la Cruz Roja (CICR), en particular en el caso de las misiones de la CSCE, y acogen con satisfac- ción la buena disposición del CICR para incrementar su cooperación y se comprometen a seguir ampliando su apoyo al CICR, especialmente mediante el fortalecimiento de los contactos ya esta- blecidos entre las misiones de la CSCE y las delegaciones del CICR sobre el terreno.
Libertad de expresión/Medios de comunicación libres
36. Los Estados participantes reafirman que la libertad de expresión es un derecho humano funda- mental y un elemento básico de una sociedad democrática. A este respecto, los medios de comuni- cación independientes y pluralistas se consideran esenciales para una sociedad libre y abierta y para sistemas de gobierno responsables. Adoptan como principio rector la salvaguardia de este derecho.
37. Condenan todos los ataques y acosos contra periodistas y se comprometerán a considerar direc- tamente responsables a los autores de dichos ataques y acosos.
38. Toman nota de que el fomento del odio y la tensión étnica a través de los medios de comuni- cación, especialmente por parte de los gobiernos, puede interpretarse como una alerta temprana de un conflicto.
Libertad de movimiento/Contactos humanos/Patrimonio cultural
39. Los Estados participantes seguirán intensificando y favoreciendo los contactos humanos, los intercambios culturales y educativos, y cooperarán de conformidad con las disposiciones de la
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CSCE. Seguirán aplicando sus compromisos en la esfera cultural, tal como se establece en el Docu- mento del Simposio de Cracovia sobre el Patrimonio Cultural de los Estados participantes de la CSCE y en otros documentos pertinentes de la CSCE. Estimularán los esfuerzos públicos y priva- dos encaminados a la conservación del patrimonio cultural en sus Estados.
40. Estimularán a las autoridades administrativas que se ocupen de los ciudadanos de otros Estados para que apliquen plenamente los compromisos de la CSCE con respecto a viajes y se abstengan de tratos degradantes y otros ultrajes contra la dignidad humana. Asimismo, estudiarán la necesidad de elaborar un documento que recopile las disposiciones pertinentes de la CSCE.
41. El Consejo Permanente estudiará la posibilidad de celebrar reuniones informales sobre las cues- tiones mencionadas en los párrafos precedentes.
Programa de Apoyo Coordinado
42. Los Estados participantes, tomando en consideración los progresos realizados durante los dos últimos años mediante la aplicación del Programa de Apoyo Coordinado bajo la coordinación de la OIDDH, han convenido en que se prosiga dicho Programa. La OIDDH y el Secretario General seguirán organizando reuniones y seminarios sobre cuestiones relacionadas con la CSCE, a fin de que los Estados interesados puedan cumplir más fácilmente los compromisos de la CSCE. Los Estados participantes seguirán incluyendo representantes de esos Estados en programas de estu- dio y capacitación, patrocinados por los gobiernos, a fin de poder elevar los niveles de experien- cia, conocimientos y conocimientos técnicos.
43. Convinieron en que debería seguir desarrollándose la capacidad de la OIDDH de facilitar amplia experiencia sobre las cuestiones relativas a la Dimensión Humana dentro del Programa de Acción Coordinada. Para poder responder a las peticiones de asesoramiento de los Estados nue- vamente independientes interesados sobre cualesquiera aspectos de la democratización, convinie- ron en que utilizar expertos itinerantes en el marco del Programa de Acción Coordinada sería un incremento útil de la función de la OIDDH.
144 Documento de Lisboa (Cumbre de Jefes de Estado)
Lisboa 1996
Declaración de la Cumbre de Lisboa (…)
3. Reafirmamos los principios de la OSCE según se enuncian en el Acta Final de Helsinki y en otros compromisos contraídos en el marco de la OSCE. Estimamos que la observancia de todos esos prin- cipios y el cumplimiento de todos los compromisos deben mejorarse y requieren constante examen. Nos percatamos de que graves riesgos y retos, como los que se refieren a nuestra seguridad y nues- tra soberanía, siguen suscitando seria preocupación. Nos comprometemos a ocuparnos de ellos.
4. El respeto de los derechos humanos sigue siendo de importancia fundamental para nuestro concepto de la democracia y para el proceso de democratización consagrado en la Carta de París. Estamos resueltos a consolidar las ventajas democráticas derivadas de los cambios que han tenido lugar desde 1989, y a organizar pacíficamente su ulterior desarrollo en la región de la OSCE. Coo- peraremos en el fortalecimiento de las instituciones democráticas.
9. El amplio concepto de seguridad de la OSCE requiere que se mejore el cumplimiento de todos los compromisos en materia de dimensión humana, en particular por lo que se refiere a los dere- chos humanos y a las libertades fundamentales. Esto afianzará aun más los valores comunes de una sociedad libre y democrática en todos los Estados participantes, lo que constituye una base esen- cial de nuestra seguridad común. Entre los problemas acuciantes que se plantean en el marco de la dimensión humana, las continuas violaciones de los derechos humanos, tales como desplazamientos forzados y falta de condiciones plenamente democráticas, amenazas a los medios de información independientes, fraude electoral, manifestaciones agresivas de nacionalismo, racismo, chovinismo, xenofobia y antisemitismo, siguen constituyendo una amenaza para la estabilidad en la región de la OSCE. Nos hemos comprometido a seguir ocupándonos de esos problemas.
10. Ante las tragedias de que han sido víctimas recientemente los refugiados en la región de la OSCE y teniendo en cuenta la cuestión de las migraciones forzadas, condenamos una vez más y prome- temos abstenernos de toda política de “depuración étnica” o de expulsión en masa. Nuestros Esta- dos facilitarán el regreso, en condiciones de seguridad y dignidad, de los refugiados y las personas desplazadas en su propio país, de conformidad con las normas internacionales. Hay que seguir reintegrándolos en sus lugares de origen sin discriminaciones. Elogiamos la labor del Asesor de la OIDDH en materia de migraciones, y expresamos nuestro apoyo por su continua actividad de seguimiento del Programa de Acción aprobado en la Conferencia Regional de mayo de 1996 sobre los problemas de los refugiados, las personas desplazadas, otras formas de desplazamiento invo- luntario y los repatriados en los países afectados.
11. La libertad de la prensa y de los medios de información figura entre los requisitos previos fundamentales para toda sociedad civil verdaderamente democrática. En el Acta Final de Hel- sinki nos hemos comprometido a respetar ese principio. Se deja sentir la necesidad de reforzar el
145 Lisboa 1996
cumplimiento de los compromisos de la OSCE en la esfera de los medios de información, teniendo en cuenta, según proceda, la labor de otras organizaciones internacionales. En consecuencia, pedi- mos al Consejo Permanente que examine las formas de prestar más atención al cumplimiento de los compromisos de la OSCE en la esfera de los medios de información, así como a la elaboración de un mandato para designar a un representante de la OSCE sobre la libertad de los medios de información, que se presentará a más tardar a la reunión de 1997 del Consejo Ministerial. (…)
Declaración de Lisboa sobre un modelo común y global de seguridad para Europa en el siglo XXI
1. Nosotros, los Jefes de Estado o de Gobierno de los Estados participantes en la OSCE que se han reunido en Lisboa, estamos convencidos de que la historia nos ha ofrecido una oportunidad sin precedentes. La libertad, la democracia y la cooperación entre nuestros pueblos y naciones son ahora la base de nuestra seguridad común. Estamos decididos a aprender de las tragedias del pasado y a hacer realidad nuestra visión de un futuro de cooperación, creando un espacio común de seguridad, sin líneas divisorias, en el que todos los Estados sean iguales.
2. Nos enfrentamos con importantes desafíos, pero les haremos frente juntos. Estos desafíos afec- tan a la seguridad y a la soberanía de los Estados así como a la estabilidad de nuestras sociedades. Los derechos humanos no se respetan plenamente en todos los Estados de la OSCE.
La tensión étnica, el nacionalismo agresivo, las violaciones de los derechos de las personas que per- tenecen a minorías nacionales, así como las serias dificultades de los procesos de transición econó- mica pueden poner en peligro la estabilidad y extenderse también a otros Estados. El terrorismo, la delincuencia organizada, el tráfico de drogas y de armas, la migración incontrolada y los daños al medio ambiente son motivo de preocupación creciente para toda la comunidad de la OSCE.
3. Sacando fuerzas de nuestra diversidad, nos enfrentaremos juntos con esos desafíos, a través de la OSCE y en asociación con otras organizaciones internacionales. Nuestro enfoque es el de una seguridad cooperativa basada en la democracia, en el respeto de los derechos humanos, en las libertades fundamentales y el Estado de derecho, en la economía de mercado y en la justicia social. Este enfoque excluye todo intento de dominio e implica la confianza mutua y la solución pacífica de controversias. (…)
5. Reconocemos que, dentro de la OSCE, los Estados son responsables del cumplimiento de los compromisos de la OSCE ante sus ciudadanos y ante los demás Estados.
6. Nos comprometemos conjuntamente: • a actuar con solidaridad para fomentar el pleno cumplimiento de los principios y compromi- sos de la OSCE consagrados en el Acta Final de Helsinki, la Carta de París y otros documen- tos de la CSCE/OSCE; (…)
10. (…) nuestra tarea actual consiste en realzar nuestra cooperación futura. Con este fin: • Estimulamos las iniciativas bilaterales y regionales destinadas a desarrollar relaciones de buena vecindad y de cooperación. En este contexto, la OSCE podría explorar una gama de medidas
146 Lisboa 1996
destinadas a fomentar la confianza y la seguridad en apoyo de los procesos de seguridad regio- nal. Continuaremos vigilando la aplicación del Pacto de Estabilidad en Europa. Las mesas redon- das regionales brindan un útil instrumento de diplomacia preventiva. • Como importante contribución a la seguridad, reafirmamos nuestra determinación de respetar y cumplir plenamente todos nuestros compromisos relacionados con los derechos de las perso- nas que pertenecen a minorías nacionales. Reafirmamos nuestra voluntad de cooperar plena- mente con el Alto Comisionado para las Minorías Nacionales. Estamos dispuestos a responder a cualquier petición de cualquier Estado participante que busque solución para las cuestiones de las minorías en su territorio. (…)
147 Documento de la Sexta Reunión del Consejo Ministerial Copenhague 1997
II. Decisiones de la Reunión del Consejo Ministerial de Copenhague (…)
Decisión relativa al nombramiento de la Representante de la OSCE para la Libertad de los Medios de Comunicación El Consejo Ministerial,
De conformidad con la Decisión Nº 193 del Consejo Permanente y teniendo en cuenta la recomen- dación del Presidente en ejercicio,
– Decide designar Representante de la OSCE para la Libertad de los Medios de Comunicación al Sr. Freimut Duve, por un período de tres años a partir del 1 de enero de 1998.
Anexo
Decisión del Consejo Permanente nº 193 5 de noviembre de 1997
Mandato del Representante de la OSCE para la Libertad de los Medios de Comunicación
1. Los Estados participantes reafirman los principios y compromisos que han contraído en el campo de la libertad de los medios de comunicación. Recuerdan en particular que la libertad de expresión es un derecho humano fundamental e internacionalmente reconocido y un componente básico de una sociedad democrática, y que los medios de comunicación libres, independientes y pluralis- tas son esenciales para una sociedad libre y abierta y sistemas de gobierno responsables. Teniendo en cuenta los principios y compromisos que han asumido en el marco de la OSCE, y con la plena voluntad de aplicar el párrafo 11 de la Declaración de la Cumbre de Lisboa, los Estados partici- pantes deciden establecer, bajo los auspicios del Consejo Permanente, un cargo de representante de la OSCE para la libertad de los medios de comunicación. El objetivo es fomentar la aplicación de los principios y compromisos pertinentes de la OSCE, así como mejorar la eficacia de la acción concertada de los Estados participantes, basada en sus valores comunes. Los Estados participan- tes confirman que cooperarán plenamente con el Representante de la OSCE para la Libertad de los Medios de Comunicación. El Representante asistirá a los Estados participantes, con espíritu de cooperación, en su compromiso permanente de promover medios de comunicación libres, inde- pendientes y pluralistas.
2. El Representante de la OSCE para la Libertad de los Medios de Comunicación, basándose en los principios y compromisos de la OSCE, estudiará los asuntos relacionados con los medios de comunicación en todos los Estados participantes y, sobre esta base y en estrecha coordinación con el Presidente en ejercicio, recomendará y promoverá el pleno cumplimiento de los principios
148 Copenhague 1997
y compromisos de la OSCE relacionados con la libertad de expresión y con los medios de comunica- ción libres. A este respecto, asumirá la función de alerta temprana y abordará los graves problemas causados por, entre otros motivos, la obstrucción de las actividades de los medios de comunica- ción y las condiciones desfavorables de trabajo de los periodistas. Cooperará estrechamente con los Estados participantes, con el Consejo Permanente, con la Oficina de Instituciones Democrá- ticas y Derechos Humanos (OIDDH), con el Alto Comisionado para las Minorías Nacionales y, cuando proceda, con otros organismos de la OSCE, así como con asociaciones nacionales e inter- nacionales de medios de comunicación.
3. El Representante de la OSCE para la Libertad de los Medios de Comunicación se encargará prin- cipalmente, según se enuncia en el presente párrafo, de dar una rápida respuesta a los casos graves de incumplimiento por los Estados participantes de los principios y compromisos de la OSCE en materia de libertad de expresión y de libertad de los medios de comunicación. En caso de que se alegue incumplimiento grave de dichos principios y compromisos, el Representante de la OSCE para la Libertad de los Medios de Comunicación tratará de ponerse directamente en contacto, de la forma adecuada, con el Estado participante y con otras partes involucradas, evaluará los hechos, ayudará al Estado participante, y contribuirá a resolver la cuestión. Mantendrá informado de sus actividades al Presidente en ejercicio e informará al Consejo Permanente de los resultados obte- nidos, así como de sus observaciones y recomendaciones.
4. El Representante de la OSCE para la Libertad de los Medios de Comunicación no desempeñará funciones jurídicas, y su actuación no prejuzgará en modo alguno los procedimientos jurídicos nacionales o internacionales relacionados con supuestas violaciones de los derechos humanos. Del mismo modo, los procedimientos nacionales o internacionales relacionados con supuestas viola- ciones de los derechos humanos no impedirán en modo alguno el cumplimiento de sus tareas, según se enuncian en el presente mandato.
5. El Representante de la OSCE para la Libertad de los Medios de Comunicación podrá recoger y recibir información de todas las fuentes fidedignas acerca de la situación de los medios de comu- nicación. En especial, se basará en la información y en las evaluaciones facilitadas por la OIDDH, a la que ayudará a evaluar las condiciones necesarias para el funcionamiento de medios de comu- nicación libres, pluralistas e independientes, antes y después de las elecciones y durante ellas.
6. El Representante de la OSCE para la Libertad de los Medios de Comunicación podrá recoger y recibir en todo momento de los Estados participantes y de otras partes interesadas (por ejem- plo, organizaciones o instituciones, medios de comunicación y sus representantes, y las ONG per- tinentes) peticiones, sugerencias y comentarios relacionados con el fomento y la promoción del cumplimiento de los principios y compromisos correspondientes de la OSCE, incluyendo supues- tos casos graves de intolerancia por parte de Estados participantes que utilicen medios de comu- nicación en violación de los principios a que se hace referencia en el párrafo 25 del Capítulo VIII del Documento de Budapest, y en el Capítulo X de las Decisiones de la Reunión del Consejo en Roma. También podrá presentar peticiones, sugerencias y comentarios al Consejo Permanente, recomendando la adopción de medidas, si procede.
7. El Representante de la OSCE para la Libertad de los Medios de Comunicación sostendrá consul- tas regulares con el Presidente en ejercicio e informará periódicamente al Consejo Permanente. El Consejo Permanente podrá invitarle a presentar informes con arreglo al presente mandato sobre cuestiones concretas relacionadas con la libertad de expresión y con los medios de comunica- ción libres, pluralistas e independientes. El Representante informará anualmente a la Reunión de Aplicación de la OSCE sobre cuestiones de la Dimensión Humana, o a la OSCE sobre el estado de
149 Copenhague 1997
cumplimiento de los principios y compromisos de la OSCE relacionados con la libertad de expre- sión y con los medios de comunicación libres en los Estados participantes de la OSCE.
8. El Representante de la OSCE para la libertad de los Medios de Comunicación no establecerá contacto con personas u organizaciones que practiquen o apoyen públicamente el terrorismo o la violencia ni dará por recibida ninguna comunicación de dichas personas u organizaciones.
9. El Representante de la OSCE para la Libertad de los Medios de Comunicación será una persona- lidad internacional destacada, con probada experiencia en la materia Copenhague 1997 y de la que se espera desempeñe imparcialmente sus funciones, en el desempeño de las cuales se guiará por su juicio independiente y objetivo del contenido de los párrafos específicos del presente mandato.
10. El Representante de la OSCE para la Libertad de los Medios de Comunicación sólo examinará aquellos casos graves que se planteen en el contexto del presente mandato y que hayan tenido lugar en el Estado participante del que sea nacional o residente, si todas las partes directamente invo- lucradas, incluido el Estado participante de que se trate, están de acuerdo. Si no hubiera acuerdo, el asunto se remitirá al Presidente en ejercicio, que podrá designar un representante especial para que se ocupe de ese caso concreto.
11. El Representante de la OSCE para la Libertad de los Medios de Comunicación cooperará, por medio de contactos periódicos, con las organizaciones internacionales pertinentes, incluyendo las Naciones Unidas y sus organismos especializados y el Consejo de Europa, con el fin de favorecer la coordinación y para evitar la duplicación de actividades.
12. El Consejo Ministerial, de conformidad con los procedimientos de la OSCE y por recomenda- ción del Presidente en ejercicio tras llevar a cabo consultas con los Estados participantes, designará al Representante de la OSCE para la Libertad de los Medios de Comunicación, que desempeñará su cargo durante un período de tres años que podrá prorrogarse según el mismo procedimiento por un nuevo mandato de tres años.
13. El cargo de Representante de la OSCE para la Libertad de los Medios de Comunicación se esta- blecerá y dotará de personal de conformidad con el presente mandato y con el Estatuto del Personal de la OSCE. El Representante y su oficina serán financiados por los Estados participantes con cargo al presupuesto de la OSCE y de conformidad con el Reglamento Financiero de la OSCE. El Comité Financiero informal se ocupará de los pormenores, que serán aprobados por el Consejo Permanente.
14. La Oficina del Representante de la OSCE para la Libertad de los Medios de Comunicación estará en Viena.
150 Documento de la Séptima Reunión del Consejo Ministerial Oslo 1998
III. Decisiones de la Reunión del Consejo Ministerial de Oslo (…)
Decisión relativa al refuerzo de las capacidades de la OSCE para ocuparse de las cuestiones de romaníes y sinti El Consejo Ministerial,
Teniendo presentes los actuales compromisos de la OSCE respecto de las cuestiones de romaníes y sinti Recordando la decisión, adoptada por la Cumbre de Budapest, de designar en la OIDDH un punto de contacto para las cuestiones de romaníes y sinti (gitanos),
1. Decide reforzar la capacidad de la OSCE para ocuparse de esas cuestiones mediante el fortale- cimiento del actual Punto de contacto para las cuestiones de romaníes y sinti en la OIDDH. Entre sus prioridades figurarán las siguientes: • reforzar la interacción de la OSCE con los gobiernos de los Estados participantes, con represen- tantes de las comunidades romaníes y sinti, y con organizaciones internacionales, iniciativas y organizaciones no gubernamentales que traten de cuestiones de romaníes y sinti, y en parti- cular velar por la continuación de la cooperación en régimen de refuerzo mutuo con el Coordi- nador del Consejo de Europa para los romaníes, con miras a evitar la duplicación de esfuerzos, incluido el establecimiento de consultas regulares con esas organizaciones, iniciativas y organi- zaciones no gubernamentales, a fin de crear sinergias y enfoques comunes encaminados a faci- litar la plena integración de las comunidades romaníes y sinti en las sociedades en que viven, sin perjuicio para su identidad; • reforzar la cooperación entre las instituciones y misiones/presencias sobre el terreno de la OSCE por lo que se refiere a las cuestiones de romaníes y sinti, si procede • elaborar, sobre la base de datos de Estados participantes, instituciones de la OSCE y, en particu- lar, el ACMN, las comunidades romaníes y sinti, las organizaciones no gubernamentales, y las organizaciones internacionales y otras instituciones e iniciativas, un programa de trabajo que incluya, entre otras cosas, seminarios, cursos prácticos y centros de información; • recoger información de los Estados participantes sobre medidas legislativas y de otra índole refe- rentes a la situación de los romaníes y sinti a fin de ponerla a disposición de la comunidad de la OSCE, así como de otras organizaciones internacionales interesadas, y para preparar nuevos informes sobre la situación de los romaníes y sinti en la zona de la OSCE.
2. Decide además que el Punto de contacto se ocupe únicamente de cuestiones referentes a los romaníes y sinti.
3. Encarga al Consejo Permanente que busque la forma adecuada de que haya recursos suficientes para ejecutar la presente decisión.
151 Documento de Estambul (Cumbre de Jefes de Estado)
Estambul 1999
Declaración de la Cumbre de Estambul (…)
2. (…) Reiteramos sin reservas nuestra voluntad de respetar los derechos humanos y las libertades fundamentales y de abstenernos de toda forma de discriminación. También reiteramos nuestro respeto por el derecho internacional humanitario. Reafirmamos nuestro propósito de intensificar los esfuerzos por evitar conflictos en el área de la OSCE y de resolverlos pacíficamente, si es que surgen. Trabajaremos en estrecha colaboración con otras organizaciones e instituciones interna- cionales sobre la base de la Plataforma para la Seguridad Cooperativa, que hemos aprobado como parte de nuestra Carta. (…)
6. (…) Insistimos en la importancia de que se respete el Estado de derecho y de que se emprenda una acción vigorosa por combatir la delincuencia organizada y la corrupción, que constituyen una grave amenaza para las reformas y la prosperidad económicas. Seguimos decididos a obrar en pro del regreso de los refugiados y de las personas desplazadas en el interior del país, así como de las minorías.
7. (…) Deseamos presenciar avances más decisivos hacia un pronto regreso de los refugiados y de las personas desplazadas, así como hacia la plena aplicación de las normas internacionales pertinen- tes, particularmente en lo relativo al trato equitativo y sin distinciones étnicas que se ha de dar a la población, a la libertad de los medios informativos y a la celebración de elecciones libres y justas (…)
26. Al acercarse un gran número de elecciones, recordamos nuestro compromiso de que sean libres y justas, y en consonancia con los principios y compromisos de la OSCE. Sólo así conseguiremos sentar las bases para la consolidación de la democracia. Agradecemos a la OIDDH la asistencia que presta a muchos países en la preparación de leyes electorales conformes a los principios y compro- misos de la OSCE, y convenimos en dar pronto seguimiento a las evaluaciones y recomendaciones de la OIDDH sobre asuntos electorales. Apreciamos la labor que realizan la OIDDH y la Asamblea Parlamentaria de la OSCE – antes, durante y después de las elecciones -, por su valiosa contribu- ción al proceso democrático. Estamos comprometidos a velar por el pleno ejercicio del derecho al voto de las personas pertenecientes a minorías, y a facilitar a los refugiados el ejercicio de su dere- cho a participar en las elecciones que se celebren en sus países de origen. Nos comprometemos a velar por una competencia justa entre los candidatos y entre los partidos, inclusive en lo que res- pecta a su acceso a los medios informativos y al respeto del derecho de reunión.
27. Nos comprometemos a asegurar la libertad de los medios informativos por ser una condición esencial para la existencia de sociedades pluralistas y democráticas. Estamos profundamente preo- cupados por la utilización que se hace de dichos medios, en situaciones de conflicto, para fomentar
152 Estambul 1999
el odio y las tensiones étnicas, y por el recurso a obstrucciones y restricciones jurídicas para pri- var a los ciudadanos de medios informativos libres. Subrayamos la necesidad de asegurar la liber- tad de expresión, que constituye un elemento esencial del discurso político en toda democracia. Respaldamos la labor de la Oficina del Representante de la OSCE para la Libertad de los Medios de Comunicación al servicio del desarrollo de unos medios informativos libres e independientes.
28. En este año que celebramos el décimo aniversario de la aprobación de la Convención sobre los Derechos del Niño, deseando dar curso a los compromisos adoptados al respecto por la OSCE en Copenhague, nos comprometemos a promover activamente los derechos e intereses de los niños, especialmente de los que se encuentran en situaciones de conflicto o postconflicto. En el marco de la labor de la OSCE, abordaremos periódicamente las cuestiones relativas a los derechos del niño, y organizaremos en el año 2000 una reunión especial dedicada a las condiciones de los niños en situaciones de conflicto armado. (…)
30. Reafirmamos nuestro propósito de velar por que las leyes y las políticas de los países prevean el pleno respeto de los derechos de las personas pertenecientes a minorías nacionales, sobre todo en lo que concierne a cuestiones que afecten a la identidad cultural. Insistimos, en particular, en la obligación de que las leyes y políticas relativas a los derechos educativos, lingüísticos y de par- ticipación social de las personas pertenecientes a minorías nacionales sean conformes a lo esta- tuido en las normas y convenciones internacionales que sean aplicables. Respaldamos asimismo la promulgación y la plena aplicación de leyes pormenorizadas contra la discriminación, con el fin de promover la plena igualdad de oportunidades para todos. Elogiamos la importante labor al respecto del Alto Comisionado para las Minorías Nacionales. Reafirmamos nuestro propósito de redoblar nuestros esfuerzos por dar curso a las recomendaciones que pueda hacer el Alto Comi- sionado para las Minorías Nacionales.
31. Lamentamos todo acto de violencia y otras manifestaciones de racismo y discriminación contra minorías, en particular contra personas de las etnias romaní y sinti. Nos comprometemos a velar por que la legislación y las políticas prevean el pleno respeto de los derechos de esas personas y, caso de ser necesario, a promover las leyes que proceda contra la discriminación. Subrayamos la importancia de que se preste la debida atención a los casos de exclusión social de romaníes y sinti. Estas cuestiones son principalmente responsabilidad de los Estados participantes interesados. Des- tacamos el importante apoyo que puede proporcionar el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti. Sería también conveniente que el Punto de Contacto ela- borase un plan de acción al respecto en colaboración con el Alto Comisionado para las Minorías Nacionales y otras organizaciones que actúan en esa esfera, en particular el Consejo de Europa.
32. Conforme a nuestro propósito de asegurar la plena equiparación entre hombres y mujeres, esperamos la pronta aprobación y aplicación de un plan de acción de la OSCE para la equipara- ción de ambos sexos. (…)
37. En la Carta hemos reafirmado nuestra adhesión al Estado de derecho y hemos recordado la necesidad de combatir la corrupción. Encomendamos al Consejo Permanente la tarea de examinar la mejor manera de contribuir al combate emprendido contra la corrupción, teniendo en cuenta la labor de otras organizaciones, entre ellas la Organización de Cooperación y Desarrollo Econó- micos, el Consejo de Europa y las Naciones Unidas. Los resultados de ese trabajo deberán ser pre- sentados al Consejo Ministerial en su reunión del año 2000. (…)
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Carta sobre la Seguridad Europea (…)
I. Nuestros desafíos comunes
2. El último decenio del siglo XX ha aportado grandes logros al área de la OSCE; la cooperación ha reemplazado a la vieja confrontación, pero no se ha eliminado el peligro de conflictos entre los Estados. Hemos dejado atrás las antiguas divisiones europeas, pero han surgido nuevos ries- gos y desafíos. Desde que firmamos la Carta de París se ha hecho más patente que las amenazas a nuestra seguridad pueden surgir tanto de conflictos dentro de los Estados como de conflictos entre Estados. Hemos presenciado conflictos que a menudo han nacido de violaciones flagrantes de las normas y principios de la OSCE. Hemos sido testigos de atrocidades de una índole que pen- sábamos había quedado relegada al pasado. En este último decenio se ha puesto de manifiesto que todos estos conflictos pueden suponer una amenaza para la seguridad de todos los Estados par- ticipantes en la OSCE.
3. Estamos decididos a aprender de los peligros de la confrontación y la división entre Estados, así como de las tragedias del último decenio. Es preciso consolidar la paz y la seguridad mediante un enfoque que combine dos elementos básicos: el fomento de la confianza entre las personas que conviven en un mismo Estado y el desarrollo de vínculos de cooperación más estrechos entre los Estados. Por tanto vamos a fortalecer los instrumentos existentes y desarrollar otros nuevos para proporcionar asistencia y asesoramiento. Intensificaremos nuestros esfuerzos por asegurar el pleno respeto de los derechos humanos y de las libertades fundamentales, incluidos los derechos de las per- sonas que pertenecen a minorías nacionales. Paralelamente, fortaleceremos nuestra capacidad para mejorar la confianza y la seguridad entre los Estados. Estamos decididos a desarrollar aún más los medios a nuestro alcance para solucionar las controversias entre los Estados por medios pacíficos.
4. El terrorismo internacional, los extremismos violentos, la delincuencia organizada y el tráfico de drogas suscitan problemas cada vez más graves para la seguridad. El terrorismo, en todas sus formas y manifestaciones y sean cuales fueren sus motivos, es inaceptable. Intensificaremos nues- tros esfuerzos por evitar la preparación y financiación en nuestros territorios de cualquier acto de terrorismo, y por denegar todo refugio seguro a los terroristas. La acumulación excesiva y deses- tabilizadora y la difusión incontrolada de armas cortas y de armas ligeras constituyen una ame- naza para la paz y la seguridad. Estamos decididos a incrementar nuestra protección contra esos nuevos riesgos y desafíos; las instituciones democráticas fuertes y el Estado de derecho son la base de esa protección. Estamos también decididos a cooperar más activamente y más estrechamente para hacer frente a esos problemas.
5. Toda agravación de los problemas económicos o del deterioro del medio ambiente puede tener graves consecuencias para nuestra seguridad. La cooperación en las esferas económica, cientí- fica, tecnológica y ambiental reviste, por ello, una importancia crucial. Endureceremos nuestra respuesta a dichas amenazas mediante reformas económicas y ambientales continuadas, marcos estables y transparentes para la actividad económica, y el fomento de la economía de mercado, prestando al mismo tiempo la debida atención a los derechos sociales y económicos. Aplaudimos el proceso de transformación económica sin precedentes que se está llevando a cabo en muchos Estados participantes. Les alentamos a que prosigan dicho proceso de reforma, que contribuirá a la seguridad y prosperidad en toda el área de la OSCE. Intensificaremos las actividades que hemos emprendido en todas y cada una de las dimensiones de la OSCE para combatir la corrupción y pro- mover el Estado de derecho.
154 Estambul 1999
6. Confirmamos que la seguridad en las áreas cercanas, en especial en el área del Mediterráneo, así como en las áreas directamente adyacentes a Estados participantes, tales como en las del Cáu- caso y de Asia Central, tiene una importancia cada vez mayor para la OSCE. Reconocemos que la inestabilidad en esas áreas crea problemas que afectan directamente a la seguridad y la prosperi- dad de los Estados de la OSCE.
II. Nuestra base común
7. Reafirmamos nuestra plena adhesión a la Carta de las Naciones Unidas, al Acta Final de Hel- sinki, a la Carta de París y a todos los demás documentos de la OSCE a los que hemos dado nues- tro asentimiento. Esos documentos son expresión de los compromisos que hemos contraído en común, constituyen el fundamento de nuestra labor, y nos han ayudado a poner fin a la antigua confrontación en Europa y a fomentar una nueva era de democracia, paz y solidaridad en toda el área de la OSCE. En ellos se establecieron normas claras para el tratamiento mutuo entre los Estados participantes y para el tratamiento otorgado a todas las personas que viven en sus terri- torios. Todos los compromisos de la OSCE, sin excepción, se aplican por igual a cada Estado par- ticipante. Su aplicación de buena fe es fundamental para las relaciones entre los Estados, entre los Gobiernos y sus pueblos, y entre las organizaciones de las que sean miembros. Los Estados par- ticipantes son responsables ante sus ciudadanos y ante los demás Estados participantes del cum- plimiento de sus compromisos.
Consideramos esos compromisos como un logro de todos y, por tanto, como cuestiones de interés inmediato y legítimo para todos los Estados participantes. (…)
9. Edificaremos nuestras relaciones de conformidad con el concepto de una seguridad común y glo- bal, y guiados por un espíritu de igualdad asociativa, de solidaridad y de transparencia. La seguridad de cada Estado participante está indisolublemente vinculada a la de todos los demás. Abordaremos las dimensiones humana, económica, política y militar de la seguridad como un todo integrado. (…)
III. Nuestra respuesta común (…)
Solidaridad y Partenariado
14. Las mejores garantías de paz y seguridad en nuestra región son la voluntad y la capacidad de cada Estado participante para obrar en favor de la democracia, el Estado de derecho y el respeto de los derechos humanos. Reafirmamos a título individual nuestra voluntad de cumplir plena- mente nuestros compromisos. Asumimos también la responsabilidad conjunta de hacer respe- tar los principios de la OSCE. Estamos por tanto decididos a cooperar en el marco de la OSCE, así como con sus instituciones y representantes, y estamos dispuestos a utilizar los instrumentos, herramientas y mecanismos de la OSCE. Cooperaremos con espíritu de solidaridad y asociativo al examen continuo de su aplicación. Hoy nos comprometemos a adoptar, tanto en la OSCE como en aquellas organizaciones de las que somos miembros, medidas conjuntas basadas en la cooperación para brindar asistencia a los Estados participantes a fin de facilitar la observancia de los principios y compromisos de la OSCE. Fortaleceremos los instrumentos de cooperación existentes y desa- rrollaremos otros nuevos a fin de responder de forma más eficaz a las solicitudes de ayuda de los
155 Estambul 1999
Estados participantes. Buscaremos formas de incrementar aún más la eficacia de la Organización para abordar casos de violaciones claras, flagrantes y continuadas de esos principios y compromisos (…)
Nuestras Instituciones
17. La Asamblea Parlamentaria se ha convertido en una de las instituciones más importantes de la OSCE, que aporta continuamente nuevas ideas y propuestas. Acogemos con satisfacción el papel cada vez más destacado que desempeña, especialmente en las esferas del desarrollo de la democra- cia y de la supervisión de elecciones. Pedimos a la Asamblea Parlamentaria que amplíe aún más sus actividades como componente esencial de nuestros esfuerzos por fomentar la democracia, la prospe- ridad y una mayor confianza no sólo en el seno de los Estados participantes sino también entre ellos.
18. La Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH), el Alto Comisio- nado para las Minorías Nacionales (ACMN) y el Representante de la OSCE para la Libertad de los Medios de Comunicación son instrumentos esenciales para asegurar el respeto de los derechos humanos, de la democracia y del Estado de derecho. La Secretaría de la OSCE proporciona una asistencia crucial al Presidente en ejercicio y a las actividades de nuestra Organización, especial- mente sobre el terreno. Seguiremos reforzando asimismo las capacidades operativas de la Secreta- ría de la OSCE para que pueda hacer frente a la expansión de nuestras actividades, y para velar por que las operaciones sobre el terreno funcionen eficazmente y con arreglo a los mandatos y orien- taciones que se les haya impartido. (…)
La Dimensión Humana
19. Reafirmamos que el respeto de los derechos humanos y de las libertades fundamentales, de la democracia y del Estado de derecho constituyen la esencia del concepto de seguridad global de la OSCE. Nos comprometemos a responder a toda amenaza contra la seguridad que provenga de vio- laciones de los derechos humanos o de las libertades fundamentales, y en particular de la libertad de pensamiento, de conciencia, de religión o de creencia, así como de manifestaciones de intole- rancia, nacionalismo agresivo, racismo, patrioterismo, xenofobia y antisemitismo.
La protección y la promoción de los derechos de las personas pertenecientes a minorías nacionales constituyen factores esenciales para la democracia, la paz, la justicia y la estabilidad en el interior de los Estados participantes y entre estos Estados. A este respecto, reafirmamos nuestros com- promisos contraídos concretamente a tenor de las disposiciones pertinentes del Documento de Copenhague 1990 sobre cuestiones de la Dimensión Humana y recordamos el Informe de la Reu- nión de Expertos sobre Minorías Nacionales celebrada en Ginebra en 1991. El pleno respeto de los derechos humanos, incluidos los derechos de las personas pertenecientes a minorías nacionales, además de constituir una finalidad en sí, lejos de debilitar, puede fortalecer la integridad y sobe- ranía territorial de los Estados.
Existen diversos conceptos de autonomía, así como otras soluciones descritas en los documentos anteriormente mencionados, que son conformes a los principios de la OSCE y constituyen for- mas de preservar y promover la identidad étnica, cultural, lingüística y religiosa de las minorías nacionales en el seno de un Estado existente. Condenamos la violencia dirigida contra cualquier minoría. Nos comprometemos a tomar medidas para promover la tolerancia y edificar sociedades pluralistas en las que toda persona, cualquiera que sea su origen étnico, goce de una plena igual- dad de oportunidades. Insistimos en que las cuestiones relativas a las minorías nacionales sólo
156 podrán resolverse satisfactoriamente en el interior de un marco político democrático basado en el Estado de derecho.
Reafirmamos nuestro reconocimiento de que toda persona goza del derecho a poseer una nacio- nalidad y de que no podrá privarse arbitrariamente a ninguna persona de su nacionalidad. Nos comprometemos a proseguir con nuestros esfuerzos por garantizar a toda persona el ejercicio de este derecho. Nos comprometemos también a promover la protección internacional de las perso- nas apátridas.
20. Reconocemos las dificultades peculiares con las que tropiezan las etnias romaní y sinti, así como la necesidad de tomar medidas eficaces para dotar a las personas pertenecientes a dichas etnias de la plena igualdad de oportunidades, en consonancia con los compromisos de la OSCE. Redoblaremos nuestros esfuerzos para velar por que los romaníes y sinti estén en condiciones de participar plena y equitativamente en nuestras sociedades, y para erradicar la discriminación contra dichas etnias.
21. Estamos decididos a erradicar, en toda el área de la OSCE, la tortura y los tratos o castigos crueles, inhumanos o degradantes. Con este fin, promoveremos la adopción de leyes que otorguen garantías y remedios procesales y de derecho sustantivo contra dichas prácticas. Prestaremos asis- tencia a las víctimas y cooperaremos con las organizaciones internacionales y las ONG pertinen- tes, cuando así proceda.
22. Rechazamos toda política de depuración étnica o de expulsión en masa. Reafirmamos nuestro compromiso de respetar el derecho de asilo y de velar por la protección internacional de los refugia- dos de conformidad con la Convención de 1951 sobre el Estatuto de los Refugiados y su Protocolo de 1967, así como de facilitar el retorno voluntario de los refugiados y de las personas desplazadas internamente en condiciones dignas y seguras. Trabajaremos en pro de la reinserción sin discri- minaciones en sus lugares de origen de los refugiados y de las personas desplazadas internamente
A fin de mejorar la protección de las personas civiles en tiempos de conflicto buscaremos la manera de reforzar la aplicación del derecho humanitario internacional.
23. El pleno y equitativo ejercicio por la mujer de sus derechos humanos es un factor indispensa- ble para conseguir un área de la OSCE más pacífica, próspera y democrática. Estamos decididos a hacer que la igualdad entre hombres y mujeres forme parte integrante de nuestras políticas, tanto a nivel de nuestros Estados como en el seno de la Organización.
24. Adoptaremos medidas para eliminar todas las formas de discriminación contra la mujer, y para poner fin a la violencia contra mujeres y niños, así como a la explotación sexual y a toda otra forma de trata de seres humanos. A fin de impedir dichos delitos promoveremos, entre otras medidas, la adopción de leyes nuevas o más rigurosas que permitan exigir responsabilidades a los culpables de tales actos, y reforzar la protección de las víctimas. Elaboraremos y aplicaremos asimismo medidas para promover los derechos y los intereses de los niños en situaciones de conflicto armado y post- conflicto, especialmente de los niños refugiados o internamente desplazados. Prohibiremos todo servicio armado obligatorio de personas menores de 18 años.
25. Reafirmamos nuestra obligación de celebrar elecciones libres y justas de conformidad con los compromisos de la OSCE y en particular con el Documento de Copenhague 1990. Reconocemos que la OIDDH puede prestar asistencia a los Estados participantes en la preparación y aplicación de su legislación electoral. De conformidad con estos compromisos, invitaremos a nuestras elec- ciones a observadores de otros Estados participantes, de la OIDDH, de la Asamblea Parlamenta- ria de la OSCE y de cualesquiera organizaciones e instituciones privadas pertinentes que deseen
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observar nuestros procesos electorales. Convenimos en dar pronto seguimiento a los informes de evaluación de las elecciones presentados por la OIDDH y a sus recomendaciones.
26. Reafirmamos la importancia de disponer de medios informativos independientes, así como de la libre circulación de la información y del acceso del público a la misma. Nos compromete- mos a tomar todas las medidas necesarias para asegurar las condiciones básicas para la existen- cia de unos medios informativos libres e independientes y para la libre circulación transfronteriza e intraestatal de la información, que consideramos como un elemento esencial de toda sociedad democrática, libre y abierta.
27. Las organizaciones no gubernamentales (ONG) pueden desempeñar una función vital en el fomento de los derechos humanos, la democracia y el Estado de derecho y constituyen un elemento integrante de toda sociedad civil sólidamente constituida. Nos comprometemos a reforzar la capa- cidad de las ONG para que contribuyan plenamente al futuro desarrollo de la sociedad civil y al respeto de los derechos humanos y de las libertades fundamentales. (…)
El Estado de Derecho y la Lucha contra la Corrupción
33. Reafirmamos nuestro compromiso con el Estado de derecho. Somos conscientes de la amenaza que supone la corrupción para los valores que compartimos en el seno de la OSCE, al ser fuente de inestabilidad que afecta numerosos aspectos de las dimensiones humana y económica de la seguridad. Los Estados participantes se comprometen a intensificar su lucha contra la corrupción y las condiciones que la propician, y a promover un marco favorable para las buenas prácticas de gobierno y el fomento de la integridad pública. Aprovecharán en mayor medida los instrumen- tos internacionales vigentes y se ayudarán mutuamente en su lucha contra la corrupción. Como parte de su labor al servicio del Estado de derecho, la OSCE colaborará con las ONG en el común empeño de crear un sólido consenso público y comercial contra todo tipo de prácticas corruptas
IV. Nuestros instrumentos comunes
Fortalecimiento de nuestro diálogo (…)
36. Como reflejo de nuestro espíritu de solidaridad y asociativo, intensificaremos también nuestro diálogo político con miras a poder ofrecer asistencia a los Estados participantes, velando así por la observancia de los compromisos de la OSCE. Para estimular ese diálogo, hemos decidido recurrir en mayor medida, de conformidad con las normas y prácticas establecidas, a los instrumentos de la OSCE, procurando en particular: (…) • Organizar programas de capacitación orientados a mejorar las normas y las prácticas vigen- tes en ámbitos como los de los derechos humanos, la democratización y la consolidación del Estado de derecho; • ocuparnos en las reuniones y conferencias de examen de la OSCE, así como en el Foro Econó- mico, de las cuestiones relativas a la observancia de los compromisos de la OSCE; (…)
158 Estambul 1999
Operaciones de la OSCE sobre el terreno (…)
38. El desarrollo de las operaciones de la OSCE sobre el terreno supone un importante avance de la Organización, que le ha permitido incrementar su influencia en orden al fomento de la paz, de la seguridad y de la observancia de los compromisos de la OSCE. A la luz de la experiencia ya adqui- rida desarrollaremos y fortaleceremos aún más este instrumento a fin de que pueda llevar a cabo los cometidos de conformidad con el mandato otorgado, que podrá conllevar las siguientes tareas: (…) • supervisar la observancia de los compromisos de la OSCE, y prestar asesoramiento o hacer reco- mendaciones para mejorar esa observancia; • prestar asistencia en la organización y la supervisión de elecciones; • prestar apoyo en orden al respeto del Estado de derecho y de las instituciones democráticas, y mantener y restaurar el orden público; (…) • prestar apoyo para la rehabilitación o la reconstrucción de diversos aspectos o componentes de la sociedad civil.
Actividades relacionadas con la policía
44. Nos esforzaremos por fortalecer la función de la OSCE en actividades al servicio de la poli- cía civil, como parte integrante de los esfuerzos de la Organización en materia de prevención de conflictos, gestión de crisis y rehabilitación postconflicto. Dichas actividades podrán conllevar: • tareas de supervisión policial destinadas, por ejemplo, a impedir que la policía lleve a cabo acti- vidades de discriminación por motivos religiosos o étnicos; • tareas de formación de la policía destinadas, por ejemplo, a: – mejorar las capacidades operativas y tácticas de los servicios de policía local y reformar las fuerzas paramilitares; – impartir capacitación en técnicas policiales nuevas y modernas, tales como las de los servi- cios policiales comunitarios, o las de los servicios de lucha contra la droga, contra la corrup- ción, y antiterroristas – crear un servicio de policía de composición multiétnica y/o multireligiosa, que goce de la con- fianza de toda la población; • promover el respecto de los derechos humanos y de las libertades fundamentales en general. (…)
45. Promoveremos asimismo la creación de sistemas judiciales independientes, que desempeñen una función clave en la búsqueda de remedios para las violaciones de los derechos humanos, y pres- taremos asistencia y asesoramiento en la reforma del sistema penitenciario. La OSCE colaborará asimismo con otras organizaciones internacionales en la creación de marcos políticos y jurídicos en los que la policía pueda desempeñar su cometido de conformidad con los principios democrá- ticos y el Estado de derecho.
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Operaciones en apoyo de la paz
46. Seguimos decididos a reforzar la función clave que le incumbe a la OSCE al servicio de la paz y de la estabilidad en toda su área. La OSCE ha efectuado sus contribuciones más eficaces a la seguridad regional en operaciones sobre el terreno, de rehabilitación postconflicto, de apoyo a la democratización y los derechos humanos, y de supervisión de elecciones. Hemos decidido explo- rar posibilidades de incrementar e intensificar la función de la OSCE en apoyo de la paz. Reafir- mando los derechos y obligaciones que nos incumben a tenor de la Carta de las Naciones Unidas y sobre la base de nuestras decisiones vigentes, confirmamos que la OSCE podrá decidir, caso por caso y mediante consenso, asumir cometidos en apoyo de la paz, e incluso una función de lide- razgo, cuando los Estados participantes estimen que es la organización idónea y más eficaz para la tarea propuesta. A este respecto, podrá decidir asimismo definir el mandato de operaciones en apoyo de la paz encomendadas a otras entidades y recabar de los Estados participantes, y de otras organizaciones, los recursos y los conocimientos periciales que puedan ser necesarios al respecto. De conformidad con lo previsto en la Plataforma para la Seguridad Cooperativa, podrá asimismo actuar como marco coordinador de dichos esfuerzos. (…)
VI. Conclusion
51. La presente Carta redundará en provecho de la seguridad de todos los Estados participantes en cuanto realza y fortalece la OSCE en el umbral del Siglo XXI. Hoy hemos decidido desarrollar los instrumentos existentes y crear nuevas herramientas, que utilizaremos plenamente para pro- mover un área de la OSCE libre, democrática y segura (…)
160 Documento de la Octava Reunión del Consejo Ministerial Viena 2000
Decisiones del Consejo Ministerial de Viena
Decisión relativa al fortalecimiento de los esfuerzos de la OSCE para luchar contra la trata de seres humanos
El Consejo Ministerial,
Teniendo presente la Carta sobre la Seguridad Europea, en la que los Estados participantes decla- ran que “adoptaremos medidas para eliminar todas las formas de discriminación contra la mujer, y para poner fin a la violencia contra mujeres y niños, así como a la explotación sexual y a toda otra forma de trata de seres humanos” y que “promoveremos, entre otras medidas, la adopción de leyes nuevas o más rigurosas que permitan exigir responsabilidades a los culpables de tales actos, y reforzar la protección de las víctimas”,
Recordando los compromisos de la OSCE de luchar contra la trata de seres humanos, contraídos en el Documento de Moscú 1991,
Reconociendo que la trata de seres humanos es un problema creciente y convencido de la necesi- dad de que la OSCE incremente sus esfuerzos para luchar contra la trata de seres humanos en toda la región de la OSCE, incluso en situaciones de conflicto y de postconflicto, y para contribuir a los esfuerzos nacionales, regionales e internacionales de lucha contra la trata en defensa de los dere- chos humanos, así como a la lucha contra la delincuencia organizada transnacional,
1. Reafirma que la trata de seres humanos es un abuso odioso de los derechos humanos y un grave delito que requiere una respuesta más amplia y coordinada de los Estados participantes y de la comunidad internacional, así como un enfoque más coherente y cooperativo entre los países, en particular los de origen, tránsito y destino;
2. Acoge con satisfacción la aprobación por la Asamblea General de las Naciones Unidas del Proto- colo que previene, suprime y castiga la trata de personas, especialmente mujeres y niños, que suple- menta a la Convención de las Naciones Unidas contra la delincuencia organizada transnacional, así como la definición de la trata de personas que figura en su texto, y exhorta a todos los Estados participantes a que firmen y ratifiquen el Protocolo de las Naciones Unidas así como el Protocolo Facultativo de la Convención sobre los Derechos del Niño, sobre la venta de niños, la prostitución infantil y la utilización de niños en la pornografía;
3. Reconoce la responsabilidad principal de los Estados participantes en la lucha contra la trata sobre la base de un enfoque integrado y coordinado que incluya la prevención de la trata, la pro- tección de las víctimas y el proceso jurídico de traficantes y sus cómplices;
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4. Recalca el papel de los parlamentos nacionales en la promulgación de, entre otras, las leyes nece- sarias para luchar contra la trata de seres humanos, y toma nota con satisfacción de los artículos 106 y 107 de la Declaración de la Asamblea Parlamentaria de Bucarest sobre la trata de personas;
5. Acuerda reforzar las actividades de la OSCE para combatir la trata de seres humanos y recalca la necesidad de que haya una cooperación intensificada entre diferentes instituciones de la OSCE, así como entre la OSCE y otras organizaciones internacionales, como los organismos pertinentes de las Naciones Unidas, la Organización Internacional para las Migraciones, el Consejo de Europa, la Unión Europea e Interpol;
6. Apoya la labor del Equipo especial sobre la trata de seres humanos, del Pacto de Estabilidad, e insta en particular a los gobiernos de la región afectada a que desempeñen un papel activo en el Equipo especial;
7. Insta a las instituciones de la OSCE y en particular a la OIDDH, así como a sus misiones y cen- tros sobre el terreno, a que elaboren y apliquen programas de lucha contra la trata y a que promue- van el desarrollo de esfuerzos coordinados en materia de prevención, enjuiciamiento y protección, en cooperación con organizaciones no gubernamentales, así como con organizaciones internacio- nales y otras instituciones pertinentes;
8. Se compromete a mejorar el conocimiento de este problema, incluso con asistencia de la OIDDH, organizaciones no gubernamentales y otras instituciones pertinentes, estableciendo, cuando sea necesario, programas de capacitación para titulares de cargos públicos, y en particular para perso- nal de la policía (y otros servicios de vigilancia), miembros de la judicatura, funcionarios consula- res y del servicio de inmigración, sobre todos los aspectos de la trata de seres humanos;
9. Se compromete a adoptar las medidas necesarias, incluso la adopción y puesta en práctica de leyes que tipifiquen como delito la trata de seres humanos, y que prevean sanciones apropiadas, para asegurar una respuesta adecuada por parte de las autoridades policiales y judiciales. Estas nor- mas tendentes a combatir la tratan deben partir del pleno respeto de los derechos humanos y pre- ver medidas para amparar los derechos humanos de las víctimas, velando por que las víctimas de la trata no sean inculpadas por la sola razón de haber sido objeto de la trata;
10. Examinará la adopción de medidas legislativas o de otra índole, como por ejemplo el estable- cimiento de centros de acogida, para que las víctimas de la trata de seres humanos puedan per- manecer en sus territorios, a título temporal o permanente, en los casos apropiados; así como el establecimiento de procesos de repatriación apropiados para las víctimas de la trata en los que se tenga debidamente en cuenta su seguridad, incluido el suministro de documentos; y la elaboración de normas relativas a la prestación de beneficios económicos y sociales a las víctimas, así como su rehabilitación y reinserción en la sociedad;
11. Alienta a que, siempre que proceda, se nombren representantes oficiales en materia de trata para que coordinen las actividades nacionales y velen por que haya cooperación en los planos regional e internacional, y a que se facilite esa información a los demás Estados participantes;
12. Reconoce que las operaciones de la OSCE sobre el terreno, dentro del marco jurídico de los Esta- dos de acogida, pueden desempeñar un valioso papel en la lucha contra la trata, incluso mediante una vigilancia continua y la presentación periódica de informes y mediante la asistencia a las autoridades de dicho Estado, entre otras cosas mediante la promoción del diálogo y la actuación como vínculo entre los gobiernos y las organizaciones no gubernamentales e instituciones, para la
162 Viena 2000
solución de casos individuales de trata de seres humanos, e insta a las operaciones sobre el terreno a que fortalezcan la cooperación entre ellas;
13. Insta a la Secretaría de la OSCE, en cooperación con la OIDDH, a intensificar la capacitación en la lucha contra la trata en sus programas de preparación para el personal de las misiones y cen- tros de la OSCE sobre el terreno, a fin de mejorar su capacidad de vigilar, informar y responder al problema de la trata en el marco de las actividades corrientes de la OSCE; y a mejorar el conoci- miento del problema de la trata de seres humanos por las instituciones y el personal de la OSCE; esos programas de capacitación deberán ser también puestos a disposición de los Estados partici- pantes y de otras organizaciones internacionales;
14. Acoge con satisfacción las sucesivas mejoras introducidas en el Código de Conducta de la Secre- taría de la OSCE para personal de las Misiones de la OSCE a fin de que incluya disposiciones con- tra la trata de seres humanos y otros abusos en materia de derechos humanos, confía en su pronta puesta en práctica por todas las estructuras e instituciones de la OSCE, pide a los jefes de misio- nes y centros de la OSCE sobre el terreno que adopten medidas adecuadas si algún miembro de su personal utiliza a víctimas de la trata, y anima a todas las demás instituciones internacionales a que, siempre que proceda, adopten normas y prácticas similares.
163 Documento de la Novena Reunión del Consejo Ministerial Bucarest 2001
Declaración Ministerial de Bucarest (…)
2. Condenamos resueltamente todos los actos de terrorismo. El terrorismo no tiene justificación alguna, sea cual fuere su motivación o su origen. No hay causa que pueda justificar los ataques deli- berados contra personas inocentes. En la lucha contra el terrorismo, no hay sitio para la neutralidad.
3. Como reflejo de la solidaridad de la OSCE, el Consejo Ministerial ha adoptado hoy una Deci- sión y Plan de Acción contra el Terrorismo. Reiteramos que la lucha contra el terrorismo no es una guerra contra religiones o contra pueblos. Reafirmamos nuestro compromiso para proteger los derechos humanos y las libertades fundamentales.
4. Estamos resueltos a proteger a nuestros ciudadanos contra nuevos riesgos para su seguridad, sin dejar de salvaguardar el Estado de derecho, las libertades individuales y el derecho a la igualdad de justicia ante la ley. La delincuencia organizada, el tráfico ilícito de drogas y armas, y la trata de seres humanos, afectan a la seguridad, la economía y la estructura social de todos los Estados par- ticipantes. El Consejo Ministerial apoya la intensificación de esfuerzos y un aumento de la coope- ración internacional para luchar contra esos riesgos, e insta a los Estados participantes que todavía no lo han hecho a que se adhieran a la Convención de las Naciones Unidas contra la delincuencia organizada transnacional y a sus Protocolos. (…)
12. Renovamos también nuestra voluntad de mantener relaciones basadas en la igualdad sobe- rana, el respeto mutuo, la cooperación, y el apoyo de la democracia. Estamos resueltos a estrechar nuestras relaciones de conformidad con el concepto de seguridad común y amplia, guiados por principios de igualdad de asociación, de solidaridad y de transparencia. Seguimos comprometidos a establecer de Vancouver a Vladivostok una comunidad de la OSCE que sea plena, libre y pací- fica, y que sepa responder mediante esfuerzos concertados a los retos para la paz y la estabilidad.
II. Decisión sobre la lucha contra el terrorismo y Plan de Acción de Bucarest para la lucha contra el terrorismo
Los 55 Estados participantes de la OSCE están unidos en la lucha contra el terrorismo, que es un flagelo de nuestros tiempos.
Los Estados participantes de la OSCE condenan resueltamente los bárbaros actos de terrorismo cometidos contra los Estados Unidos de América el 11 de septiembre de 2001. Esos actos repre- sentan un ataque contra toda la comunidad internacional, contra personas de toda clase de creen- cias religiosas y de toda clase de culturas. Esos actos odiosos, así como los demás actos terroristas
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independientemente de su forma y manifestación, perpetrados cuando sea, donde sea o por quien sea, constituyen una amenaza para la paz, la seguridad y la estabilidad regionales e internacionales. No puede haber refugio seguro para los que cometen, financian, encubren o apoyan de cualquier manera a los responsables de esos actos criminales. El terrorismo no tiene justificación alguna, sea cual fuere su motivación o su origen.
Los Estados participantes de la OSCE no cederán a las amenazas terroristas y lucharán contra ellas por todos los medios en consonancia con sus compromisos internacionales. Esto requerirá un esfuerzo largo y sostenido, pero los Estados participantes reciben el aliento de su amplia coali- ción que va desde Vancouver hasta Vladivostok. Defenderán la libertad y protegerán a sus ciudada- nos contra los actos de terrorismo, respetando plenamente el derecho internacional y los derechos humanos. Rechazan firmemente la identificación del terrorismo con cualquier nacionalidad o con cualquier religión, y corroboran una vez más las normas, los principios y los valores de la OSCE.
Los Estados participantes de la OSCE se comprometen a reforzar y desarrollar la cooperación bila- teral y multilateral en el seno de la OSCE, con las Naciones Unidas y con otras organizaciones internacionales y regionales, a fin de luchar contra todas las formas y manifestaciones del terro- rismo, donde quieran que se cometan y quienquiera las haya cometido. Como arreglo regional en virtud del Capítulo VIII de las Carta de las Naciones Unidas, la OSCE está decidida a contribuir al cumplimiento de las obligaciones internacionales que se enuncian en la resolución 1373 (2001) del Consejo de Seguridad de las Naciones Unidas, así como en otros textos, y obrará de conformi- dad con los Propósitos y Principios de la Carta de las Naciones Unidas. Los Estados participan- tes de la OSCE se comprometen a suscribir lo antes posible todas las 12 convenciones y protocolos de las Naciones Unidas relacionados con el terrorismo. Piden que se ultimen las negociaciones sobre una Convención de ámbito amplio de las Naciones Unidas sobre el terrorismo internacional.
Los Estados participantes de la OSCE se han unido con espíritu de solidaridad política para actuar en común. Esperan con gran interés la importante contribución que la Conferencia Internacio- nal de Bishkek sobre el fortalecimiento de la seguridad y la estabilidad en Asia Central, que se va a celebrar los días 13 y 14 de diciembre de 2001, puede aportar a los esfuerzos mundiales de lucha contra el terrorismo, y prestarán apoyo, por medio de asistencia técnica, a sus asociados de Asia Central que lo pidan, para hacer frente a las amenazas exteriores relacionadas con el terrorismo.
Con miras a conseguirlo, el Consejo Ministerial de la OSCE aprueba el Plan de Acción de Buca- rest para la Lucha contra el Terrorismo, que va anexo a la presente Decisión.
Anexo
Plan de Acción de Bucarest para la lucha contra el terrorismo
I. Objetivo del Plan de Acción
1. El terrorismo constituye una amenaza para la paz y la seguridad internacionales, tanto en el área de la OSCE como en cualquier otro lugar. La OSCE está dispuesta a contribuir a la lucha contra el terrorismo en estrecha cooperación con otros foros y organizaciones. Esta contribución estará en consonancia con la Plataforma para la Seguridad Cooperativa, y aprovechará la interacción entre los esfuerzos para combatir el terrorismo que se llevan a cabo en los planos global y regional bajo la égida de las Naciones Unidas. Los Estados participantes de la OSCE comprometen su voluntad política, sus recursos y sus medios prácticos para el cumplimiento de las obligaciones contraídas en virtud de los instrumentos internacionales sobre terrorismo vigentes, y se comprometen asimismo a intensificar los esfuerzos nacionales, bilaterales y multilaterales de lucha contra el terrorismo.
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2. Como contribución a los esfuerzos mundiales para combatir el terrorismo, la OSCE intentará dar un valor adicional a esos esfuerzos sobre la base de las características específicas de la Orga- nización, su colaboración y sus ventajas comparativas: su amplio concepto de la seguridad que vincula las dimensiones económica, humana y político-militar; su gran número y variedad de miembros; su experiencia sobre el terreno; y sus conocimientos especializados en materia de alerta temprana, prevención de conflictos, gestión de crisis, rehabilitación posconflicto, y consolidación de las instituciones democráticas. Además, muchas medidas eficaces de lucha contra el terrorismo pertenecen a esferas en las que la OSCE ya está actuando y posee gran experiencia, como la forma- ción y supervisión de fuerzas policiales, la reforma legislativa y judicial, y la vigilancia fronteriza.
3. El objetivo del Plan de Acción es establecer un marco para la adopción, por los Estados partici- pantes y por la Organización en general, de amplias medidas para combatir el terrorismo, respe- tando plenamente el derecho internacional, especialmente la legislación internacional en materia de derechos humanos y otras normas pertinentes del derecho internacional. El Plan de Acción tiene también como objetivo ampliar las actividades en curso para la lucha contra el terrorismo, facilitar la interacción entre los Estados y, cuando proceda, determinar nuevas formas de actua- ción. El Plan de Acción reconoce que la lucha contra el terrorismo requiere un esfuerzo sostenido, e identificará las actividades que han de realizarse con carácter inmediato, y las que deban reali- zarse a plazo mediano y a largo plazo.
II. Obligaciones jurídicas y compromisos políticos internacionales
4. Los instrumentos de las Naciones Unidas y las resoluciones de su Consejo de Seguridad (CSNU) constituyen el marco jurídico global para la lucha contra el terrorismo. Las Resoluciones del CSNU 1269 (1999) y 1368, 1373 y 1377 (2001), junto con las 12 convenciones y protocolos pertinentes de las Naciones Unidas sobre cuestiones relacionadas con la lucha contra el terrorismo, proporcionan la base de ese marco e incluyen algunos elementos concretos para combatir el terrorismo. Asimismo, diversos documentos de la OSCE, incluidas las declaraciones de las Cumbres desde Helsinki hasta Estambul, hacen hincapié en el compromiso de la OSCE de combatir el terrorismo de conformi- dad con la Carta de las Naciones Unidas. Es preciso proseguir y asegurar la más amplia y completa participación en los instrumentos y compromisos vigentes de lucha contra el terrorismo, así como la aplicación de dichos instrumentos y el cumplimiento de dichos compromisos.
5. Estados participantes: Se comprometen a esforzarse por adherirse a todos los 12 instrumentos de las Naciones Unidas relacionados con el terrorismo, de ser posible el 31 de diciembre de 2002 a más tardar, reconociendo la importante función que los parlamentarios pueden desempeñar en el proceso de ratificación y otros procesos legislativos relacionados con la lucha contra el terro- rismo. Se alienta a los Estados a que informen al Consejo Permanente acerca de las medidas adop- tadas a ese respecto. Los Estados participantes tomarán parte activa en las negociaciones en curso en las Naciones Unidas acerca de una Convención de ámbito amplio sobre el terrorismo interna- cional, y de una Convención internacional para la supresión de actos de terrorismo nuclear, con miras a que dichas negociaciones concluyan con éxito y lo antes posible.
6. Oficina de Instituciones Democráticas y Derechos Humanos Si lo solicitan oficialmente los Esta- dos participantes interesados y cuando proceda, ofrecerá asistencia/asesoramiento técnico sobre las medidas legislativas necesarias para la ratificación de instrumentos internacionales, en estre- cha cooperación con otras organizaciones, incluida la Oficina de las Naciones Unidas de Fiscali- zación de Drogas y de Prevención del Delito (ONUFDPD).
7. Estados participantes: Estudiarán el modo en que la OSCE puede aprovechar las mejores prácti- cas y la experiencia de otros grupos, organizaciones, instituciones y foros pertinentes, en cuestiones
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como la cooperación policial y judicial; la prevención y supresión de la financiación del terrorismo; la denegación de otros medios de apoyo; los controles fronterizos, especialmente la seguridad de documentos y visados; y el acceso a la información por las autoridades encargadas de hacer cum- plir la ley.
8. Los Estados participantes utilizarán también el Foro de Cooperación en materia de Seguridad (FCS) para intensificar sus esfuerzos de lucha contra el terrorismo, mediante la plena y oportuna aplicación de todas las medidas pertinentes acordadas por la OSCE. Con ese fin, mejorarán la apli- cación y el cumplimiento de los acuerdos y compromisos político-militares vigentes, en particular el Código de conducta sobre los aspectos político-militares de la seguridad, y el Documento de la OSCE sobre Armas Pequeñas y Armas Ligeras (APAL).
El FCS examinará la pertinencia de esos documentos para la lucha contra el terrorismo, y determi- nará si es necesario elaborar normas y medidas adicionales. El Diálogo sobre la seguridad puede ser un marco adecuado para sostener consultas periódicas sobre esas cuestiones en el FCS.
Los Estados participantes presentarán respuestas al Cuestionario sobre el Código de Conducta que contribuyan a una mayor transparencia en los compromisos internacionales, nacionales y regiona- les para combatir el terrorismo, especialmente las convenciones y resoluciones pertinentes de las Naciones Unidas. El FCS estudiará formas de aplicar plenamente el Documento sobre APAL, espe- cialmente la Sección V sobre alerta temprana, prevención de conflictos, gestión de crisis y rehabi- litación posconflicto. El FCS considerará asimismo la posibilidad de mejorar la transparencia en los sistemas nacionales de marcado exportación e importación de armas, y procedimientos nacio- nales de seguridad y gestión de existencias, revisando en primer lugar la información intercam- biada sobre esas cuestiones y elaborando directrices sobre mejores prácticas. La conferencia de seguimiento sobre el Código de Conducta y el curso práctico sobre APAL, que tendrán lugar en 2002, podrían contribuir a mejorar la aplicación de esos documentos para combatir el terrorismo.
III. Acción preventiva para combatir el terrorismo en el área de la OSCE
9. Por ninguna causa y en ninguna circunstancia se pueden justificar los actos de terrorismo. Al mismo tiempo, hay diversos factores sociales, económicos, políticos y de otro tipo, incluidos el extremismo y el separatismo violentos, que engendran condiciones en las que las organizaciones terroristas pueden solicitar y obtener apoyo. El amplio enfoque de seguridad de la OSCE ofrece ventajas comparativas en la lucha contra el terrorismo, identificando y abordando esos factores mediante todos los instrumentos y estructuras pertinentes de la Organización.
10. Fomento de las Instituciones, fortalecimiento del Estado de derecho y de las autoridades estata- les – OIDDH: proseguirá e intensificará sus esfuerzos encaminados a promover y respaldar la con- solidación de las instituciones democráticas a petición de los Estados, entre otras cosas ayudando a fortalecer la capacidad administrativa, los órganos parlamentarios, las estructuras de la adminis- tración central y local, el poder judicial, las instituciones del Defensor del Pueblo y la sociedad civil. OIDDH: Facilitará el intercambio de información entre los Estados participantes sobre mejores prácticas y experiencias a ese respecto. Facilitará el intercambio de información entre los Estados participantes sobre mejores prácticas y experiencias a ese respecto. Seguirá llevando a cabo pro- yectos para consolidar las instituciones democráticas, la sociedad civil y la buena gestión pública.
11. Promoción de los derechos humanos, la tolerancia y el multiculturalismo: Estados participan- tes/Consejo Permanente/OIDDH/Alto Comisionado para las Minorías Nacionales/Representante para la Libertad de los Medios de Comunicación: Promoverán y fomentarán la tolerancia, la coe- xistencia pacífica y las relaciones armoniosas entre los grupos étnicos, religiosos, lingüísticos o
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de otro tipo, así como la cooperación constructiva entre los Estados participantes a ese respecto. Proporcionarán alerta temprana sobre los actos de violencia, intolerancia, extremismo y discrimi- nación contra esos grupos y darán respuesta adecuada a dichos actos y, al mismo tiempo, promo- verán su respeto por el Estado de derecho, los valores democráticos y las libertades individuales. Se esforzarán por que las personas que pertenecen a minorías nacionales tengan derecho a expre- sarse libremente, y a preservar y desarrollar su identidad religiosa, lingüística, étnica o cultural.
12. Representante para la Libertad de los Medios de Comunicación: Estudiará la posibilidad de rea- lizar proyectos encaminados a fomentar la tolerancia hacia las personas de otras creencias y convic- ciones, mediante el uso de los medios informativos. Promoverá medidas encaminadas a prevenir y combatir el nacionalismo agresivo, el racismo, la patriotería, la xenofobia y el antisemitismo en los medios de comunicación. Seguirá alentando un debate pluralista y se esforzará por que los medios informativos presten mayor atención a la promoción de la tolerancia con respecto a la diversidad étnica, religiosa, lingüística y cultural. En ese contexto, fomentará un amplio acceso público a los medios informativos y vigilará los discursos que fomentan el odio.
13. Abordar los factores socio-económicos negativos – Estados participantes/Secretaría: Estados participantes/Secretaría: Se esforzarán por identificar cuestiones económicas y medioambientales que pongan en peligro la seguridad, como por ejemplo la mala gestión pública, la corrupción, la actividad económica ilegal, la elevada tasa de desempleo, el aumento de la pobreza y las grandes desigualdades, los factores demográficos, y el uso no sostenible de los recursos naturales; e inten- tarán contrarrestar esos factores solicitando la ayuda de la Oficina del Coordinador de las Activi- dades Económicas y Medioambientales de la OSCE, que actuará, entre otras cosas, como agente catalizador para la cooperación y la adopción de medidas.
14. Arreglo de las controversias por medios pacíficos: Prevención de los conflictos violentos y pro- moción del arreglo pacífico de las controversias – La OSCE, aprovechando todas sus capacidades, proseguirá e intensificará su labor de alerta temprana y respuesta adecuada, prevención de conflic- tos, gestión de crisis y rehabilitación posconflicto; fortalecerá su capacidad para solucionar con- flictos; intensificará sus esfuerzos para hallar soluciones duraderas de los conflictos pendientes, especialmente mediante la promoción del Estado de derecho y la prevención del delito en dichas zonas de conflicto mediante una mayor cooperación con las Naciones Unidas, la Unión Europea y otras organizaciones internacionales. Asimismo intentará desarrollar su capacidad de desplie- gue rápido (REACT) en situaciones de crisis.
15. Solución de la cuestión de los desplazamientos prolongados – Estados participantes/OIDDH/ ACMN/RLMC: Representante para la Libertad de los Medios de Comunicación: Explorarán el mayor potencial de la OSCE para contribuir a soluciones duraderas, respaldando la labor de otras organizaciones pertinentes, principalmente la Oficina del Alto Comisionado de las Naciones Uni- das para los Refugiados, y cooperando estrechamente con esas organizaciones. Asimismo vigila- rán muy de cerca las situaciones de desplazamiento prolongado.
16. Fortalecimiento de la legislación nacional para la lucha contra el terrorismo – Estados parti- cipantes: Estados participantes: Se comprometerán a cumplir todas las obligaciones que han asu- mido en virtud de los instrumentos pertinentes relacionados con el terrorismo, así como de la Convención de las Naciones Unidas contra la delincuencia organizada transnacional y sus proto- colos adicionales, compartiendo información y formas de actuación a ese respecto y estudiando formas y medios de cooperar para aplicar en el plano bilateral los resultados de las reuniones subre- gionales, y de la OSCE en general.
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17. Asamblea Parlamentaria de la OSCE: Seguirá esforzándose por fomentar el diálogo entre los parlamentarios de la OSCE con miras a fortalecer la legislación esencial para la lucha contra el terrorismo.
18. OIDDH: Cuando proceda y previa petición de los Estados participantes interesados, ofrecerá asesoramiento/asistencia técnica para la aplicación de instrumentos internacionales de lucha con- tra el terrorismo, así como sobre el cumplimiento de dichos instrumentos con las normas interna- cionales, de conformidad con las decisiones del Consejo Permanente, y para tal finalidad recabará la cooperación de otras organizaciones, especialmente la ONUFDPD. Estudiará la posibilidad de facilitar los contactos entre expertos nacionales para promover el intercambio de informaciones y de mejores prácticas sobre legislación contra el terrorismo.
19. Promoción del cumplimiento de la ley y lucha contra la delincuencia organizada – Estados parti- cipantes: Estados participantes: Teniendo en cuenta la estrecha relación que hay entre el terrorismo y la delincuencia organizada transnacional, el tráfico ilícito de drogas, el blanqueo de dinero y el tráfico de armas ilícitas, adoptarán las medidas necesarias para evitar en su territorio las activida- des ilegales de personas, grupos u organizaciones que instiguen, financien, organicen, faciliten o participen en la comisión de actos de terrorismo u otras actividades similares destinadas a derro- car por la violencia el régimen político de otro Estado participante. Se prestarán el máximo grado de asistencia para proporcionar información en relación con investigaciones penales o procedi- mientos penales de extradición relacionados con actos terroristas, de conformidad con su legisla- ción nacional y sus obligaciones internacionales.
20. Consejo Permanente: Estudiará la posibilidad de organizar con regularidad reuniones de ofi- ciales encargados del cumplimiento de la ley en los Estados participantes, y, cuando proceda, de expertos de la OSCE con experiencia adecuada en la esfera del intercambio de mejores prácticas y medios de mejorar la cooperación.
21. Secretaría: Asistirá a los Estados participantes que lo pidan, mediante medidas destinadas a luchar contra la trata de seres humanos, el tráfico de drogas y el tráfico de armas pequeñas y armas ligeras, de conformidad con las decisiones pertinentes del Consejo Permanente, y desple- gará esfuerzos encaminados a facilitar una mejor vigilancia fronteriza, cuando proceda. Asistirá también a los Estados participantes que lo pidan y que estén de acuerdo con ello, mediante la pres- tación de asesoramiento y asistencia sobre la reestructuración y/o la reconstitución de servicios de policía; supervisión y capacitación de los servicios de policía ya existentes, incluida la capacitación en materia de derechos humanos; y creación de capacidades, incluido el apoyo a servicios de poli- cía integrados o multiétnicos. Con tal finalidad, reforzará sus actuales actividades relacionadas con la policía y destinadas a la prevención de conflictos, gestión de crisis y rehabilitación posconflicto.
22. OIDDH: Prestará asesoramiento continuo a los Estados participantes que lo pidan, para el for- talecimiento de instituciones y marcos jurídicos nacionales que preconicen el Estado de derecho, como por ejemplo los organismos encargados de hacer cumplir la ley, la judicatura y el ministerio fiscal, las asociaciones de abogados colegiados y los abogados de la defensa. Ampliará sus esfuerzos encaminados a luchar contra la trata de seres humanos y a prestar apoyo a las víctimas de la trata. Cuando proceda, apoyará la reforma penitenciaria y el mejoramiento del procedimiento penal.
23. Representante para la Libertad de los Medios de Comunicación: Cooperará en la prestación del apoyo que se le pida para redactar legislación sobre la prevención del abuso de la tecnología de la información con fines terroristas, a fin de lograr que dicha legislación sea compatible con los com- promisos en materia de libertad de expresión y libre circulación de informaciones.
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24. Supresión de la financiación del terrorismo – Estados participantes: Estados participantes: Den- tro del marco de la Convención de las Naciones Unidas para la supresión de la financiación del terrorismo y de la resolución CSNU 1373 (2001), adoptará medidas para evitar y suprimir la finan- ciación del terrorismo, para tipificar como delito el suministro premeditado o la recaudación de fondos para fines terroristas, y congelará los bienes terroristas teniendo también en cuenta la reso- lución 1267 (1999) del CSNU. De conformidad con su legislación nacional y sus obligaciones con arreglo al derecho internacional, dará respuesta temprana a las solicitudes de información hechas por otro Estado participante u otras organizaciones internacionales pertinentes.
25. Estados participantes/Secretaría: En el marco de las actividades económicas y medioambien- tales para el año 2002 estudiarán también la posibilidad de luchar contra los factores económicos que puedan facilitar la aparición del terrorismo, las consecuencias económicas del terrorismo y el apoyo financiero prestado a los terroristas. Examinará de qué forma puede contribuir la OSCE, en el marco de su labor sobre transparencia y de su lucha contra la corrupción, a un esfuerzo interna- cional más amplio encaminado a luchar contra el terrorismo. Examinarán también la posibilidad de asumir un papel catalizador en el desarrollo de proyectos encaminados a capacitar a personal de las instituciones financieras del país en las esferas de la lucha contra el terrorismo, entre otras formas mediante la vigilancia de corrientes financieras y la prevención del blanqueo de dinero. Los Estados participantes intervendrán constructivamente en las próximas negociaciones de las Naciones Unidas sobre un instrumento de ámbito mundial contra la corrupción, a fin de que pue- dan concluir pronto y con éxito.
26. Prevención de la circulación de terroristas – Estados participantes: Estados participantes: Evi- tarán la circulación de grupos o individuos terroristas mediante controles fronterizos eficaces y la fiscalización de la emisión de documentos de identidad y documentos de viaje, así como también mediante la adopción de medidas para evitar su falsificación, su copia y su uso fraudulento. Apli- carán esas medidas de control respetando plenamente sus obligaciones con arreglo a la legislación sobre refugiados internacionales y derechos humanos. Mediante la debida aplicación de las cláu- sulas de exclusión de la Convención de 1951 sobre el Estatuto de los Refugiados y su Protocolo de 1967, velarán por que no se conceda asilo a personas que hayan participado en actos terroristas. Prescribirán la detención oportuna y el enjuiciamiento o la extradición de las personas acusadas de haber cometido actos terroristas, de conformidad con sus obligaciones en virtud del derecho internacional y nacional.
IV. Acción en el marco de la Plataforma para la Seguridad Cooperativa – Cooperación con otras organizaciones
27. Las Naciones Unidas son el marco de la lucha mundial contra el terrorismo. Hay que conseguir y mantener una cooperación y coordinación estrechas entre todos los que intervienen. La OSCE puede desempeñar una función de coordinación respecto de iniciativas interregionales e intrarre- gionales. La OSCE desarrolla su acción a través de sus estrechos contactos con organizaciones no gubernamentales, la sociedad civil y los parlamentarios, creando una red cada vez más estrecha para la coalición internacional contra el terrorismo.
28. Estados participantes/Secretaría: Fortalecerán la cooperación y los intercambios de informa- ción, oficiales y oficiosos, con otros grupos, organizaciones, e instituciones pertinentes que par- ticipan en la lucha contra el terrorismo. Intensificarán la cooperación con la Unión Europea en materia de análisis y alerta temprana, y reforzarán las sinergias con el Pacto de Estabilidad para la Europa Sudoriental y la Iniciativa Centroeuropea en las esferas relacionadas en la lucha contra el terrorismo. Promoverán el diálogo en el área de la OSCE acerca de cuestiones referentes a nuevos desafíos y amenazas. Ampliarán el diálogo con asociados de fuera del área de la OSCE, como por
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ejemplo los Socios mediterráneos para la cooperación y los Socios para la cooperación de Asia, la Organización de Cooperación de Shanghai, la Conferencia sobre interacción y medidas de fomento de la confianza en Asia, la Organización de la Conferencia Islámica, la Liga Árabe, la Organiza- ción de la Unidad Africana, y los Estados adyacentes al área de la OSCE, para el intercambio de mejores prácticas y lecciones extraídas de las actividades de lucha contra el terrorismo, a fin de aplicarlas en el área de la OSCE.
V. Seguimiento
29. La Conferencia Internacional de Bishkek sobre el fortalecimiento de la seguridad y la estabili- dad en Asia Central: Refuerzo global de la lucha contra el terrorismo, que tendrá lugar los días 13 y 14 de diciembre en Bishkek, ofrecerá una primera oportunidad de: • discutir entre muchos y muy diversos participantes, sobre la base del presente Plan de Acción, acerca de experiencias concretas y de mejores prácticas para luchar contra el terrorismo inter- nacional y • debido a los desafíos de seguridad específicos a que está expuesta esta región, aplicar disposicio- nes pertinentes del presente Plan de Acción para su apoyo práctico al caso de los Estados partici- pantes de Asia Central, incluida asistencia financiera y técnica en esferas concretas de su interés.
30. El 27 de diciembre de 2001 a más tardar, el Secretario General informará al Comité de las Naciones Unidas para la lucha contra el terrorismo sobre las medidas adoptadas por la OSCE con miras a combatir el terrorismo, y a continuación informará a las Naciones Unidas según proceda. Además, informará con regularidad al Consejo Permanente acerca de las actividades de la OSCE desarrolladas en el marco del presente Plan de Acción. Preparará un informe para presentárselo a la próxima Cumbre o Reunión del Consejo Ministerial de la OSCE, acerca de las actividades de órganos de la OSCE en la esfera de la lucha contra el terrorismo, y a partir de ese momento según le pida el Consejo Permanente. 31. Cada uno de los órganos de la OSCE que ha de pasar a la acción en virtud del presente Plan preparará, para presentárselo al Consejo Permanente, un “itinerario” de ejecución de las tareas mencionadas, con inclusión de un calendario, consecuencias en materia de utilización de recursos, e indicación de actividades que requieran nuevas decisiones del Con- sejo Permanente.
Sobre la base de la información que presenten otros órganos de la OSCE, la Secretaría preparará una estimación indicativa de las consecuencias administrativas y financieras del presente Plan de Acción, incluida la posible necesidad de establecer en la Secretaría una dependencia o punto de contacto para la lucha contra el terrorismo, y formulará recomendaciones para que el Consejo Permanente apruebe los recursos necesarios con cargo al presupuesto para el año 2002. El Con- sejo Permanente actuando por conducto del Presidente en ejercicio y con la ayuda de la Secreta- ría, supervisará la aplicación del presente Plan de Acción. También determinará posibles fuentes de asistencia para la aplicación de medidas de lucha contra el terrorismo, con inclusión de equi- pos de expertos, así como la posibilidad de encomendar tareas adicionales a las presencias de la OSCE sobre el terreno, en estrecha cooperación y de acuerdo con los gobiernos en cuyos territo- rios se hallen dichas presencias. (…)
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V. Decisiones del Consejo Ministerial de Bucarest
Decisión No. 5
El Consejo Ministerial,
Reafirmando su preocupación por las manifestaciones de nacionalismo agresivo, racismo, patrio- tería, xenofobia, antisemitismo y extremismo violento, dondequiera que ocurran,
Reiterando su decisión de cumplir todos los compromisos de la OSCE relacionados con la adop- ción de medidas a ese respecto,
Pide a los Estados participantes que fomenten la tolerancia y la no discriminación también mediante campañas de mentalización y educación; Pide a las instituciones de la OSCE, especialmente a la OIDDH, al Alto Comisionado para las Minorías Nacionales y al Representante para la Libertad de los Medios de Comunicación, que presten mayor atención a las manifestaciones de nacionalismo agresivo, racismo, patriotería, xenofobia, antisemitismo y extremismo violento, a fin de combatir la intolerancia y la discriminación por motivos de raza, origen étnico, creencias religiosas, opi- niones políticas, etc., y para fomentar el respeto del Estado de derecho, los valores democráticos, los derechos humanos y las libertades fundamentales, incluidas la libertad de expresión, de pen- samiento, de conciencia, de religión o de creencia.
Encarga al Consejo Permanente que estudie la posibilidad de elaborar nuevas medidas a ese respecto.
Decisión No. 6
El Consejo Ministerial,
Reiterando su compromiso de luchar contra todas las formas de trata de seres humanos, que afec- tan a todos los Estados participantes,
Afirmando su compromiso de fomentar la cooperación y la interacción entre los Estados partici- pantes sobre medidas para combatir la trata y los delitos conexos,
Pide a los Estados participantes que firmen y ratifiquen la Convención de las Naciones Unidas con- tra la Delincuencia Organizada Transnacional, y su Protocolo para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños;
Acoge con satisfacción la finalización con éxito del Código de Conducta de la OSCE y de las Direc- trices de la OSCE contra la trata de personas, así como su divulgación entre el personal de la OSCE;
Reafirma su apoyo a la labor de la OIDDH, de las operaciones sobre el terreno y del Grupo de tareas del Pacto de Estabilidad sobre la trata de seres humanos;
Fomenta los intercambios de información encaminados a fortalecer la investigación, el cumpli- miento de la ley y la prevención del delito;
Pide a los Estados participantes que aceleren la adopción de las medidas adecuadas para cumplir sus compromisos contraídos en el Consejo Ministerial de Viena, que incluyen la prevención de la trata, la protección de las víctimas y la persecución de los traficantes y de sus cómplices.
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Decisión No. 7
El Consejo Ministerial, tomando nota de las conclusiones de la Conferencia de Bucarest sobre la igualdad de oportunidades para romaníes y sinti,
Expresando su apoyo por la labor del Punto de contacto para las cuestiones relativas a romaníes y sinti, y su voluntad de reforzar dicha labor,
Encarga a la OIDDH que elabore un plan de acción de actividades específicas según resolvió la Cumbre de Estambul, que será una de las formas de fortalecer la capacidad del Punto de contacto para ayudar a los Estados participantes en el cumplimiento de sus compromisos de mejorar la situación de los romaníes y sinti, y que se lo presente al Consejo Permanente;
Anima al Punto de contacto para las cuestiones relativas a romaníes y sinti a que continúe su labor de estrecha cooperación con Estados participantes, el Consejo de Europa y otras organizacio- nes pertinentes, y le pide que informe al Consejo Permanente sobre las cuestiones mencionadas.
Decisión No. 8
El Consejo Ministerial,
Reconociendo que la igualdad entre hombres y mujeres es esencial para la democracia y la estabi- lidad sostenibles en la región de la OSCE,
Convencido del potencial de la mujer para contribuir a la prevención de conflictos y a los proce- sos de reconciliación y fomento de la paz,
Confirmando el compromiso de proteger y promover los derechos de la mujer, y consciente de la vulnerabilidad de las mujeres especialmente en situaciones de conflicto y posconflicto,
Decidido a combatir contra todas las formas de violencia contra la mujer, incluida la violencia doméstica,
Reconociendo la necesidad de crear centros de rehabilitación para mujeres víctimas de la violen- cia, Satisfecho de que durante el presente año la OSCE haya prestado más atención al problema de la violencia contra la mujer, que afecta a todos los Estados participantes de la OSCE,
Pide que se aplique el Plan de Acción de la OSCE para la equiparación de la mujer;
Encarga al Consejo Permanente que estudie la forma en que la OSCE puede contribuir a prevenir la violencia contra la mujer.
Decisión No. 9
Actividades relacionadas con la Policía
El Consejo Ministerial,
Reafirmando el entendimiento al que se llegó en la Cumbre de Estambul de que en todo el mundo y en el área de la OSCE han surgido nuevos riesgos y desafíos para la seguridad, y de que esos nue- vos desafíos – terrorismo internacional, extremismo violento, delincuencia organizada y tráfico de
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drogas, así como la acumulación excesiva y desestabilizadora y la difusión incontrolada de armas pequeñas y armas ligeras – representan un riesgo creciente para la seguridad;
Reafirmando el compromiso contraído en Estambul de desarrollar una cooperación recíproca más activa y más estrecha para hacer frente a esos desafíos, y de fortalecer la protección contra esos nuevos riesgos y desafíos;
Tomando nota del compromiso contraído en Estambul de hacer frente a los desafíos comunes, y del entendimiento de que la existencia de instituciones democráticas fuertes y del Estado de derecho son la base para la protección contra esos riesgos y desafíos;
Afirmando que una labor policial eficaz es esencial para mantener el Estado de derecho y para defender las instituciones democráticas;
Afirmando también que una mayor cooperación entre los Estados participantes respecto de las actividades relacionadas con la policía puede contribuir a contener esos nuevos riesgos y desafíos;
Recordando el entendimiento de los Estados participantes de la OSCE en la Cumbre de Estambul de ampliar la capacidad para desarrollar actividades relacionadas con la policía a fin de ayudar a mantener el predominio de la ley;
Recordando también los compromisos enunciados en los Artículos 44 y 45 de la Carta de Estam- bul sobre la Seguridad Europea, que fortalecen la función de la OSCE en actividades al servicio de la policía civil como parte integrante de los esfuerzos de la Organización en materia de preven- ción de conflictos, gestión de crisis y rehabilitación posconflicto;
Recordando asimismo el compromiso contraído en Estambul de crear sistemas judiciales inde- pendientes que desempeñen una función clave en la búsqueda de remedios para las violaciones de los derechos humanos y para la prestación de asistencia y asesoramiento en la reforma del sistema penitenciario, así como de colaborar con otras organizaciones internacionales en la creación de marcos políticos y jurídicos en los que la policía pueda desempeñar su cometido de conformidad con principios democráticos y con el Estado de derecho;
Con arreglo a la Decisión del Consejo Ministerial de 28 de noviembre de 2000 relativa a activida- des relacionadas con la policía, y tomando nota de las deliberaciones sostenidas en la reunión de expertos policiales que hubo en Viena los días 28 y 29 de junio de 2001;
Tomando nota de la Decisión del Consejo Ministerial de 4 de diciembre de 2001 sobre la lucha contra el terrorismo, que contiene el compromiso de todos los Estados participantes de la OSCE de reforzar y desarrollar la cooperación bilateral y multilateral dentro de la OSCE y con las Nacio- nes Unidas y otras organizaciones internacionales y regionales, a fin de combatir todas las formas y manifestaciones del terrorismo, dondequiera que se hayan cometido y quienquiera que las haya cometido, de conformidad con sus compromisos internacionales;
Reconociendo también el papel del cumplimiento de la ley para promover la Decisión del Con- sejo Ministerial de 28 noviembre de 2000 sobre la intensificación de los esfuerzos de la OSCE por luchar contra la trata de seres humanos, y para aplicar la Decisión del Foro de Cooperación en materia de Seguridad, de fecha 24 de noviembre de 2000, relativa al Documento de la OSCE sobre Armas Pequeñas y Armas Ligeras;
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Teniendo en cuenta asimismo el incremento de las peticiones hechas por Estados participantes a la OSCE para que les preste ayuda en actividades relacionadas con la policía, y el reciente aumento de los esfuerzos desplegados por la Organización para supervisar las actividades policiales y para proporcionar capacitación policial, incluidos servicios policiales en áreas multiétnicas y/o multi- rreligiosas, o en situaciones de crisis o de posconflicto;
1. Acuerda que en la elaboración de planes para las actividades de la OSCE relacionadas con la policía y encaminadas a hacer frente a nuevos desafíos en materia de seguridad y a intensificar las actividades de la OSCE relacionadas con la policía dirigidas a la prevención de conflictos, la ges- tión de crisis y la rehabilitación posconflicto, la OSCE: • Se esforzará por conseguir que haya continuidad en la creación de instituciones y en la tran- sición funcional desde el momento en que comience la prestación de asistencia internacional y después de que haya cesado dicha asistencia; • Estudiará el papel de la capacitación policial, particularmente la capacitación policial integrada, y se basará en dicho papel para crear servicios de policía que puedan granjearse la confianza de toda la población y que puedan servir como medida destinada a fomentar la confianza, y • Examinará las opciones y condiciones para que la OSCE pueda desempeñar un papel en el cum- plimiento de la ley.
2. Decide reforzar las actuales actividades de la OSCE relacionadas con la policía y destinadas a la prevención de conflictos, la gestión de crisis y la rehabilitación posconflicto con inclusión – a peti- ción de los Estados participantes y con su acuerdo de – la prestación de asesoramiento y asistencia sobre la reestructuración y/o el restablecimiento de servicios policiales; la supervisión y capacitación de los servicios policiales ya existentes, incluida la capacitación en materia de derechos humanos y libertades fundamentales; y la creación de capacidades, incluido el apoyo para el establecimiento de servicios policiales integrados o multiétnicos, cuando proceda.
3. Decide incrementar y promover la cooperación entre Estados participantes para enfrentarse con nuevos desafíos en materia de seguridad, entre otras formas según se indica a continuación: – A petición de los Estados participantes y con su acuerdo, y, cuando lo requieran los procedi- mientos actuales de la OSCE, previa decisión del Consejo Permanente, mediante el desarro- llo por la OSCE de actividades de capacitación policial y su coordinación, inclusive a nivel subregional, con miras a: • mejorar las capacidades policiales operativas y tácticas; • promover las aptitudes policiales clave, incluido el respeto de los derechos humanos y las liber- tades fundamentales, y, según proceda, ocuparse de los aspectos penales de la migración ilegal; e • incrementar las capacidades de vigilancia de las comunidades en materia de lucha contra la droga, lucha contra la corrupción y lucha contra el terrorismo; y – si lo piden los Estados participantes y con su acuerdo: • prestar asesoramiento u organizar la prestación de asesoramiento pericial sobre los requisitos para el desarrollo de actividades policiales eficaces (requiere evaluación) y sobre la forma de atender- los, incluso facilitando o identificando fuentes de financiación para conseguir ese asesoramiento en la OSCE; o conseguirlo de sus Estados participantes mediante una financiación extrapre- supuestaria; o conseguirlo de otras organizaciones internacionales o regionales pertinentes; y • estimular cuando proceda el intercambio de informaciones entre Estados participantes acerca de las lecciones aprendidas y las mejores prácticas policiales para enfrentarse con esos nuevos desafíos en materia de seguridad.
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4. En apoyo de las iniciativas y actividades mencionadas, de conformidad con la Plataforma para la Seguridad Cooperativa, la OSCE: • convocará cuando sea apropiado y de preferencia a intervalos anuales, reuniones de expertos de policía de Estados participantes de la OSCE, y representantes de otras organizaciones especiali- zadas internacionales y regionales pertinentes; • velará por que las actividades de la OSCE respecto de cuestiones relacionadas con la policía se desarrollen en coordinación con otros interlocutores y organizaciones pertinentes, incluido el examen y, de ser posible, la mejora de la compatibilidad con actividades internacionales, regio- nales y subregionales, con miras a maximizar la eficiencia y el beneficio para la Organización y para el Estado anfitrión participante, así como para evitar deficiencias, duplicación o yuxta- posición de competencias; y • promoverá las capacidades y aptitudes de la Organización para elaborar, llevar a cabo y gestio- nar con eficacia las actividades de la OSCE en materia de capacitación, supervisión y creación de capacidades policiales, incluso mediante el establecimiento de vínculos con otros órganos nacio- nales y organizaciones pertinentes, así como con las principales agencias de ayuda humanitaria.
5. En consonancia con las iniciativas mencionadas, los Estados participantes se comprometen a: • intensificar la cooperación recíproca sobre cuestiones relacionadas con la policía, a fin de ocu- parse de los nuevos riesgos y desafíos para su seguridad, tanto en el plano bilateral como en el plano multilateral, y, cuando proceda, mediante el incremento de los contactos entre órganos pertinentes; y • compartir los conocimientos especializados de la OSCE y las lecciones aprendidas en el desa- rrollo de actividades relacionadas con la policía, con otras organizaciones internacionales de las que sean miembros, a fin de poder desarrollar una acción internacional más eficaz para enfren- tarse con esos nuevos riesgos y desafíos en materia de seguridad.
6. El Consejo Permanente examinará anualmente las actividades de la OSCE relacionadas con la policía, sobre la base de un informe anual del Secretario General acerca de dichas actividades, a fin de determinar, entre otras cosas, la forma de que esas actividades puedan aportar su máxima con- tribución a la gestión de los desafíos en materia de seguridad, y para decidir la acción de segui- miento apropiada de conformidad con los procedimientos de la OSCE
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I. Declaración Ministerial de Oporto
Respondiendo al Cambio
1. Nosotros, Ministros de Asuntos Exteriores de los Estados participantes en la Organización para la Seguridad y la Cooperación en Europa, nos hemos reunido en Oporto y hemos reafirmado nues- tra determinación de trabajar juntos para proteger a nuestros pueblos de toda amenaza actual o que pueda surgir contra la seguridad. La índole cambiante del entorno político, económico y de segu- ridad suscita nuevos desafíos para la OSCE. A medida que nos adentramos en el nuevo siglo, per- cibimos con más claridad tales desafíos, y se hace más valiosa la contribución singular que puede hacer la OSCE a una comunidad internacional en la que todas las naciones y sus habitantes se sien- tan seguros. Se nos presenta una oportunidad histórica para consolidar la paz, la prosperidad y la democracia a lo largo y a lo ancho de una Europa cada vez más unificada.
2. Reafirmamos nuestro compromiso de promover la seguridad y la cooperación en todo el ámbito del área de la OSCE, sin línea divisoria alguna, mediante el fomento de la confianza mutua y del empeño conjunto por resolver toda cuestión en materia de seguridad en un espíritu de transpa- rencia y de mutua solidaridad. Nuestros esfuerzos serán complementados por los de otras insti- tuciones y organizaciones internacionales con las que cooperaremos estrechamente, sobre la base de la Plataforma para la Seguridad Cooperativa.
3. Al mismo tiempo, nuestra Organización ha de preparar nuevas respuestas ante la índole cam- biante de las amenazas a nuestra seguridad, aprovechando y reforzando las tres dimensiones de nuestro enfoque integral de la seguridad. Nuestros esfuerzos por promover la paz y la estabili- dad deben compaginarse con nuestra determinación de velar por el pleno respeto de los derechos humanos, de las libertades fundamentales y del Estado de derecho, y de consolidar las condicio- nes que sean esenciales para un desarrollo sostenible de la economía en todos nuestros Estados.
4. terrorismo, como cabe deducir de recientes actos terroristas como la toma de rehenes en Moscú, sigue siendo una amenaza para la seguridad personal de nuestros ciudadanos y para la seguridad mundial. La Carta para la Prevención y Lucha contra el Terrorismo, que hemos adoptado hoy, enuncia los principios de nuestro común enfoque contra el terrorismo. El pasado año, en Bucarest, tras los trágicos sucesos del 11 de septiembre, aprobamos un Plan de Acción para la lucha contra el terrorismo, y en el día de hoy hemos decidido redoblar nuestros esfuerzos por ponerlo en prácticait.
5. A fin de velar por que la OSCE pueda responder con eficacia a toda demanda presente o futura, en este campo, hemos convenido en proseguir, durante el año 2003, con nuestra labor en orden a la preparación de una estrategia frente a las amenazas contra la seguridad y la estabilidad en el siglo XXI. La Conferencia Anual de la OSCE para el Examen de la Seguridad, objeto hoy de una decisión, servirá de marco para reforzar el diálogo en materia de seguridad y para pasar revista
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a la labor efectuada en materia de seguridad por la OSCE y sus Estados participantes. Hemos deci- dido, asimismo, estudiar la función de la OSCE en las operaciones de mantenimiento de la paz, con miras a evaluar su capacidad al respecto y a definir las modalidades de su intervención even- tual en este ámbito.
6. La eficiencia de la policía puede coadyuvar en gran medida a la seguridad y a la estabilidad. Confirmamos que la OSCE debe seguir desarrollando su capacidad para prestar asistencia a los Estados participantes que deseen reforzar la eficiencia de sus servicios de policía, y alentamos a los Estados participantes a que aporten recursos a este fin. (…)
8. La Dimensión Humana sigue siendo una vertiente esencial de las actividades de la Organiza- ción. Las nuevas modalidades de las reuniones de la OSCE para la aplicación de su Dimensión Humana, aprobadas este año, dotarán de mayor eficacia a la labor en este campo de la Organiza- ción y de sus instituciones. Hemos acordado examinar y actualizar el Plan de Acción de la OSCE contra la trata de personas. Una de nuestras decisiones versa sobre el fomento de la tolerancia y la no discriminación, tema al que hemos asignado una alta prioridad. También hemos adoptado una decisión sobre la importancia de los compromisos asumidos en materia de elecciones, terreno en donde seguiremos prestando nuestra cooperación.
9. Reconocemos la importante contribución de nuestras instituciones y operaciones sobre el terreno, y la dedicación de su personal, al servicio del logro de las metas y de la puesta en práctica de los principios de nuestra Organización, obrando en dicha tarea de consuno con los Estados anfitrio- nes. Encomendamos al Consejo Permanente que estudie, cuando sea oportuno, maneras de seguir mejorando el funcionamiento y la eficacia de las operaciones sobre el terreno.
II. Carta de la OSCE para la Prevención y Lucha contra el Terrorismo
Los Estados participantes en la OSCE, firmemente comprometidos en su común lucha contra el terrorismo,
1. Condenan en términos categóricos todo acto de terrorismo, cualquiera que sea su forma o mani- festación, dondequiera y cuandoquiera se cometa y quienquiera que sea su autor, y reiteran que ningún motivo o circunstancia puede justificar tales actos o el apoyo que les sea prestado;
2. Rechazan con firmeza toda tentativa de identificar el terrorismo con cualquier nacionalidad o religión, por lo que reiteran que ninguna medida de lucha contra el terrorismo va dirigida contra religión, nación o pueblo alguno;
3. Reconocen que, conforme se declara en la resolución 1373 (2001) del Consejo de Seguridad de las Naciones Unidas, los actos de terrorismo constituyen una amenaza contra la paz y la seguri- dad en el ámbito regional e internacional, a la que se ha de dar una respuesta global y coordinada;
4. Declaran que todo acto, método o práctica terrorista, así como toda medida de asistencia, con- sentimiento, financiación, planificación e incitación a tales actos, que se ejecute a sabiendas, ha de tenerse por contrario a los fines y principios de las Naciones Unidas y de la OSCE;
5. Consideran de la máxima importancia que se complemente la puesta en práctica en curso de los compromisos de la OSCE en materia de terrorismo con la reafirmación de los principios
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fundamentales y perennes que han inspirado y seguirán inspirando en el futuro las medidas adop- tadas por la OSCE, y que son plenamente suscritos por sus Estados participantes;
6. Reafirman su compromiso de adoptar toda medida que sea requerida para amparar los derechos humanos y las libertades fundamentales de toda persona sita en su territorio, particularmente su derecho a la vida, frente a todo acto terrorista;
7. Se comprometen a actuar eficaz y resueltamente contra el terrorismo y a cooperar en la adop- ción de toda suerte de medidas contraterroristas en el marco del Estado de derecho y de confor- midad con la Carta de las Naciones Unidas, el derecho internacional, y toda norma internacional de derechos humanos y, cuando proceda, de derecho humanitario internacional que sea aplicable;
8. Reafirman que todo Estado deberá abstenerse de cobijar en su territorio a terroristas, así como de organizar, instigar, prestar asistencia o apoyo activo o pasivo, o patrocinar de cualquier otro modo actos terroristas en otros Estados, no debiendo tampoco consentir ninguna actividad orga- nizada dentro de su territorio que esté al servicio de la perpetración de tales actos;
9. Cooperarán para conseguir que toda persona que voluntariamente participe en la financiación, el planeamiento, la preparación o la perpetración de actos terroristas, o que preste apoyo a tales actos, sea prontamente llevada ante los tribunales, para lo que se prestarán mutuamente la mayor asistencia posible en el intercambio de datos para la instrucción de la causa o en los trámites de extradición para el enjuiciamiento de dichos actos, de conformidad con su derecho interno y con sus obligaciones internacionales;
10. Adoptarán medidas apropiadas para evitar que se otorgue asilo a persona alguna que haya pla- neado o facilitado actos terroristas, o que haya participado en ellos, de conformidad con la normativa de derecho interno o de derecho internacional que sea del caso, y mediante la debida observancia de las cláusulas de exclusión enunciadas en la Convención sobre el Estatuto de los Refugiados de 1951 y en su Protocolo de 1967;
11. Reconocen que los convenios contra el terrorismo de las Naciones Unidas, y sus protocolos, así como las resoluciones al respecto del Consejo de Seguridad de las Naciones Unidas, particu- larmente su resolución 1373 (2001), constituyen el marco jurídico primordial para la lucha inter- nacional contra el terrorismo;
12. Reconocen la importancia de la labor desarrollada por el Comité contra el Terrorismo del Consejo de Seguridad de las Naciones Unidas y reafirman el deber de los Estados participantes en la OSCE, y de la propia Organización, de cooperar con este Comité, así como su disponibilidad a hacerlo;
13. Son conscientes del papel que le incumbe a la OSCE en su calidad de arreglo regional conforme al Capítulo VIII de la Carta de las Naciones Unidas, y de su obligación de contribuir en el presente contexto a la lucha global contra el terrorismo;
14. Son igualmente conscientes de su Decisión sobre la Lucha contra el Terrorismo y de su Plan de Acción para la Lucha contra el Terrorismo aprobados en la Novena Reunión del Consejo Ministe- rial de la OSCE, celebrada en Bucarest, y reafirman los compromisos allí enunciados;
15. Toman nota con agrado de la Declaración y del Programa de Acción aprobados en la Confe- rencia Internacional de Bishkek sobre el Fortalecimiento de la Seguridad y la Estabilidad en Asia Central: Refuerzo Global de la Lucha contra el Terrorismo, celebrada en dicha ciudad, los días 13 y 14 de diciembre de 2001;
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16. Reiteran el compromiso asumido en el marco de la Carta sobre la Seguridad Europea, y más particularmente en su Plataforma para la Seguridad Cooperativa, aprobada en la Cumbre de Estam- bul, de cooperar más estrecha y activamente entre sí y con otras organizaciones internacionales, en respuesta a toda amenaza o desafío contra la seguridad;
17. Insisten en que la prevención y lucha contra el terrorismo han de fundamentarse sobre un con- cepto común y global de la seguridad y sobre un empeño duradero a su servicio, y se comprome- ten a valerse de las tres dimensiones de la labor de la OSCE y de todos sus órganos e instituciones para ayudar a los Estados participantes, previa petición al respecto, a prevenir y combatir el terro- rismo en todas sus formas;
18. Se comprometen a cumplir, con arreglo a todos los convenios y protocolos de las Naciones Uni- das en la materia y con todas las resoluciones del Consejo de Seguridad y otros compromisos inter- nacionales al respecto, con su obligación de tipificar como delito grave, en su derecho interno, todo acto terrorista y toda actividad que esté a su servicio, particularmente la financiación del terrorismo;
19. Trabajarán de consuno en la labor de prevención, represión, investigación y enjuiciamiento de todo acto terrorista, intensificando, en particular, su cooperación al respecto y poniendo plenamente en práctica todo convenio internacional, y sus protocolos, que guarde relación con el terrorismo;
20. Están convencidos de la necesidad de ocuparse de toda situación que pueda suscitar o sostener el terrorismo, velando en particular por el pleno respeto de la democracia y del Estado de derecho y amparando la plena participación de los ciudadanos en la vida política, así como previniendo toda discriminación y alentando el diálogo intercultural e interreligioso en sus sociedades, esforzándose además por alentar a la sociedad civil a buscar de común acuerdo soluciones políticas para sus con- flictos, fomentando la tolerancia y el respeto de los derechos humanos, y combatiendo la pobreza;
21. Son conscientes de la función positiva que cabe asignar a los medios informativos al servicio de la tolerancia y del entendimiento entre las religiones, las creencias, las culturas y los pueblos, y como dispositivo de alerta ante la amenaza del terrorismo;
22. Se comprometen a combatir toda incitación al odio y a adoptar toda medida necesaria para prevenir el abuso de los medios informativos y de la tecnología de la información para fines terro- ristas, cerciorándose de que dichas medidas sean conformes con las normas de derecho interno y de derecho internacional y con los compromisos de la OSCE;
23. Tratarán de impedir todo desplazamiento de elementos terroristas, por separado o en grupo, mediante el control de sus fronteras y de la emisión de documentos de identidad y de viaje;
24. Reconocen la necesidad de complementar la cooperación internacional, adoptando en sus terri- torios toda medida necesaria para prevenir o reprimir, por todo medio legal, la financiación o la preparación de actos terroristas, o la asistencia prestada a dichos actos, así como de tipificar como delito la recaudación o la entrega consciente de fondos para fines terroristas, obrando para ello en el marco de sus obligaciones contraídas en virtud del Convenio Internacional para la represión de la financiación del terrorismo y de toda resolución del Consejo de Seguridad que sea del caso;
25. Reiteran su compromiso de cumplir con sus obligaciones internacionales enunciadas en las resoluciones 1373 (2001) y 1390 (2002) del Consejo de Seguridad de las Naciones Unidas, y en par- ticular la de congelar los haberes de toda persona designada por el Comité establecido a raíz de la resolución 1267 (1999) del Consejo de Seguridad;
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26. Toman nota con inquietud de la vinculación existente entre el terrorismo y la delincuencia organizada transnacional, el blanqueo de dinero, la trata de personas, y el tráfico de drogas y de armas, por lo que insisten en la necesidad de reforzar la coordinación y de desarrollar enfoques cooperativos a todos los niveles para fortalecer su respuesta frente a esas graves amenazas y desa- fíos contra la seguridad y estabilidad;
27. Declaran su determinación de recurrir de buena fe a todos los instrumentos disponibles en el marco de la dimensión político-militar de la OSCE, representada por su Foro de Cooperación en materia de Seguridad, e insisten en la importancia de que se pongan plenamente en práctica esos instrumentos, particularmente el Código de Conducta sobre los aspectos político-militares de la seguridad y el Documento de la OSCE sobre Armas Pequeñas y Armas Ligeras;
28. Reafirman que el control de armamentos, el desarme y la no proliferación siguen siendo factores indispensables de la seguridad cooperativa entre los Estados, que pueden contribuir además de modo esencial a esa seguridad al reducir el riesgo de que elementos terroristas obtengan acceso a armas de destrucción masiva, a sus vectores o a todo material o tecnología que sirva para su fabricación;
Expresan su determinación de combatir el riesgo creado por las vías de distribución o de acceso ilícito a armamento convencional, particularmente a armas pequeñas y armas ligeras;
Harán todo lo posible por minimizar esos peligros a través de medidas de ámbito nacional y del fortalecimiento y mejora de los instrumentos multilaterales ya existentes en materia de control de armamentos, desarme y no proliferación, particularmente los Principios rectores de la OSCE en materia de no proliferación, y apoyarán su efectiva puesta en practica y, siempre que proceda, su universalización.
III. Declaración sobre la trata de personas
I.
Nosotros, miembros del Consejo Ministerial de la OSCE, declaramos que la trata constituye una amenaza peligrosa contra la seguridad en el área de la OSCE y fuera de la misma.
Declaramos que la trata y otras formas modernas de esclavitud constituyen una violación aborre- cible de la dignidad y de los derechos de la persona humana.
Nos damos cuenta de que la trata constituye una faceta importante y de rápida proliferación de la delincuencia organizada transnacional, que genera enormes beneficios para redes delictivas tal vez implicadas también en el tráfico de drogas y de armas, así como en el tráfico ilícito de migrantes.
Recordamos y reafirmamos nuestra plena adhesión a los compromisos de la OSCE contra la trata de personas, consignados en el Documento de Moscú 1991, en la Carta sobre la Seguridad Europea aprobada en Estambul en 1999, en la Decisión Nº 1 del Consejo Ministerial, adoptada en Viena en 2000, en la Decisión Nº 426 del Consejo Permanente y en la Decisión Nº 6 del Consejo Ministerial adoptada en Bucarest en 2001, y declaramos nuestra determinación de reforzar nuestra coopera- ción frente a la lacra de la trata en los países de origen, de tránsito y de destino.
Reafirmamos estar decididos a combatir la trata de personas, en todas sus formas, y apelamos a los Estados, que aún no lo hayan hecho, a que estudien la posibilidad de ratificar o de adherirse a la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional, así como
181 Oporto 2002
a su Protocolo complementario para prevenir, reprimir y sancionar la trata de personas, especial- mente mujeres y niños, y a obrar en consonancia con la definición que se da en dicho Protocolo de la trata de personas.
Declaramos que la ratificación de estos dos instrumentos y su plena aplicación reforzaría el marco jurídico internacional y nacional para la lucha contra la trata de personas, y la capacidad de los servicios de vigilancia para hacerlo respetar. Exhortamos firmemente a los Estados a que estudien la conveniencia de proceder simultáneamente a la ratificación y plena puesta en práctica del Pro- tocolo contra el tráfico ilícito de migrantes por tierra, mar y aire, que complementa asimismo a la antedicha Convención.
Reafirmamos nuestro apoyo a las dependencias de la OIDDH que se ocupan de la lucha contra la trata y de la equiparación de hombres y mujeres y nos pronunciamos en pro de un incremento de la intervención en este campo del Punto de Contacto de la OIDDH para cuestiones relativas a los romaníes y sinti. Reiteramos, asimismo, nuestro apoyo a la labor a este respecto de las operacio- nes de la OSCE sobre el terreno y de la Secretaría de la OSCE, especialmente de su Asesor sobre cuestiones de equiparación de hombres y mujeres. Elogiamos el enfoque global dado a su labor y el hecho de que faciliten los esfuerzos nacionales encaminados a la prevención de la trata de per- sonas, así como al enjuiciamiento de sus organizadores y al amparo y asistencia de sus víctimas.
Apoyamos asimismo la labor del Equipo Especial del Pacto de Estabilidad para cuestiones relacio- nadas con la trata de personas que actúa bajo la égida de la OSCE. Elogiamos su función movili- zadora de la cooperación regional y del desarrollo de iniciativas al respecto.
II.
Reconocemos que es necesario abordar las causas primarias de la trata de personas y reducir las desigualdades y las desventajas económicas o sociales, que también subyacen a la migración ilegal, y que pueden ser explotadas por redes delictivas organizadas para fines de lucro. Reconocemos, asimismo, la necesidad de combatir la corrupción, que facilita sin duda las operaciones de tales redes. Recomendamos que la Oficina del Coordinador de las Actividades Económicas y Medioam- bientales de la OSCE se ocupe en mayor medida del estudio de todos los aspectos económicos de la trata de personas.
Nos damos cuenta de que la demanda, en los países de destino, de los servicios de las víctimas de la trata para fines de explotación sexual, trabajos forzados, esclavitud u otras prácticas análogas a la esclavitud constituye un factor intrínseco de la trata de personas. Instamos por ello a los paí- ses de destino a que adopten medidas para atajar efectivamente este tipo de demanda, como fac- tor clave de su estrategia de prevención y lucha eficaz contra la trata de personas, y que adopten el criterio de la tolerancia cero frente a la explotación sexual, la esclavitud, y toda otra forma de explotación de mano de obra forzada, independientemente de su índole.
Nos sentimos hondamente preocupados ante las denuncias de casos de participación de algunos miembros de misión, de organizaciones internacionales, en actividades relacionadas con la trata de personas, sobre todo en países que atraviesan una situación de posconflicto. Reiteramos la impor- tancia de la Decisión Nº 426 del Consejo Permanente, de 12 de julio de 2001, sobre la trata de per- sonas, y alentamos a que se promulguen y apliquen normativas al respecto tales como el “Código de Conducta para personal de las Misiones de la OSCE”. No toleraremos que personal interna- cional participe en ningún tipo de actividades ilícitas, ni incite esta trata delictiva, ni que su con- ducta contravenga dicho Código de Conducta. Nos comprometemos a adoptar toda medida que
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proceda para que el personal internacional implicado en tales actos, sea llevado ante las autoridades competentes de sus respectivos países y, si procede, ante las autoridades del lugar de la denuncia.
Expresamos nuestra inquietud ante el aumento de la trata de menores y, conscientes de las necesi- dades especiales de la infancia, estamos a favor de que se investigue más a fondo, y se intercambie más información, sobre la trata de menores, al tiempo que, teniendo debidamente presentes los intereses del menor como criterio primordial de toda medida que afecte a niños, pedimos que se introduzcan medidas especiales para proteger a los menores que sean víctimas de la trata de toda ulterior explotación, prestando la debida atención a su estado físico y psicológico.
Nos esforzaremos por elaborar medidas idóneas para prevenir la trata de personas en nuestros países, organizando, por ejemplo, en los países de origen y de tránsito, campañas de mentaliza- ción y de educación dirigidas en particular a sectores juveniles y otros grupos vulnerables de la población, y nos esforzaremos también por organizar campañas adecuadas en los países de des- tino, impartiendo formación en este campo a las autoridades y cargos públicos competentes de los servicios de vigilancia, de control de fronteras, de la justicia penal y sociales, y recomendaremos que se colabore plenamente al respecto con las ONG.
Nos esforzaremos también por asistir y proteger a las víctimas de la trata, especialmente muje- res y niños y cuando proceda estableceremos, con este fin, servicios de consulta eficaces y de fácil acceso, velando por que las víctimas de la trata no sean llevadas ante los tribunales por el mero hecho de haber sido objeto de la trata. Se ha de respetar en todo momento la dignidad de las víc- timas y sus derechos humanos. Estudiaremos la adopción de toda medida adecuada, tales como la creación de asilos y la apertura de vías de repatriación para las víctimas de la trata, prestando la atención debida a su seguridad, así como facilitándoles la documentación requerida e introdu- ciendo políticas de ayuda económica y social para las víctimas y encaminadas a su rehabilitación y reinserción en la sociedad.
Somos conscientes de que una cooperación más intensa entre los agentes interesados en los países de origen, de tránsito y de destino tiene una importancia crítica en los programas de retorno de víctimas de la trata, y de que facilita su reinserción social. En consecuencia, alentamos a todas las organizaciones que prestan asistencia a las víctimas, y particularmente a las ONG, a que intensi- fiquen esa cooperación.
Estudiaremos la adopción de toda medida legislativa, o de otra índole, que permita que las vícti- mas de la trata permanezcan en el territorio de nuestros países, con carácter temporal o perma- nente, en los casos en que proceda, y obraremos al respecto con criterios humanitarios y sentido de compasión.
Instamos a los Estados participantes a recurrir en mayor medida a la cooperación internacional en su lucha contra la delincuencia organizada transnacional, sobre todo en lo relativo al tráfico de armas y de drogas, así como al tráfico ilícito de migrantes. Esa cooperación debe procurar la par- ticipación de servicios de policía o de vigilancia internacionales, tales como la Interpol y la Euro- pol, así como la Iniciativa de Cooperación para Europa sudoriental (SECI), con miras a facilitar la instrucción de la causa y el enjuiciamiento de los responsables de la trata de personas con arreglo a su derecho interno y, cuando proceda, en el cumplimiento de sus obligaciones internacionales. A este respecto, pedimos que el Asesor Superior de Policía dedique más atención a la lucha con- tra la trata de personas.
Insistimos en la necesidad de una estrategia de ámbito nacional para aunar la lucha contra la trata de personas y reforzar la coordinación al respecto entre las organizaciones nacionales, internacionales
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y regionales. Cabría atender a esta necesidad mediante el nombramiento de órganos interministe- riales y de coordinadores nacionales o de todo otro órgano o mecanismo que proceda.
III.
Acordamos intensificar la cooperación entre las estructuras e instituciones pertinentes de la OSCE, basada en una perspectiva pluridimensional, así como entre la OSCE y otros agentes y organiza- ciones internacionales pertinentes, entre ellos las Naciones Unidas y sus organismos especializa- dos, el Consejo de Europa, la Unión Europea y la Organización Internacional para las Migraciones, y encomendamos al Consejo Permanente que estudie la mejor forma de estructurar dicha coope- ración al servicio de la lucha contra la trata de personas.
Encomendamos al Consejo Permanente, por conducto del Grupo de Trabajo informal sobre equi- paración de hombres y mujeres y de lucha contra la trata, que revise la propuesta del Plan de Acción 2000 de la OSCE contra la trata y que elabore un nuevo proyecto de dicho Plan, para el 25 de julio de 2003, a fin de que sirva de marco para toda medida ulterior al respecto.
Encomendamos a la Presidencia en ejercicio y al Consejo Permanente que recurran a los órganos y foros de la OSCE para el intercambio de información y el examen del cumplimiento de los com- promisos, y para dar mayor difusión a las prácticas recomendadas para la lucha contra la trata de personas, promoviendo la participación habitual en esos foros de expertos que acudan en repre- sentación de los órganos e instituciones nacionales pertinentes, y de las ONG y organizaciones internacionales asociadas. (…)
V. Decisiones de la reunión del Consejo Ministerial de Oporto
Decisión Nº 1
Cumplimiento de los compromisos y actividades de la OSCE en la lucha contra el terrorismo
El Consejo Ministerial,
Toma nota del informe integral presentado por el Secretario General sobre las actividades de las instituciones y órganos de la OSCE en la lucha contra el terrorismo, entre ellas la de haber puesto en práctica el Plan de Acción de Bucarest para la Lucha contra el Terrorismo y el Programa de Acción de Bishkek;
Decide que todos los Estados participantes, así como los órganos e instituciones de la OSCE, sigan cumpliendo con carácter urgente los compromisos contraídos en Bucarest y velen por dar efecti- vidad a sus propios compromisos al respecto;
Reafirma el compromiso asumido por todos los Estados participantes de adherirse, lo antes posible, a los doce convenios y protocolos de las Naciones Unidas contra el terrorismo, y acoge con satis- facción las medidas emprendidas por los Estados participantes que ya se adhirieron a los mismos;
Nuestros países se comprometen a esforzarse por llevar a buen término las negociaciones actual- mente en curso en las Naciones Unidas para concertar nuevos instrumentos universales en este
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campo, y confirman estar dispuestos a estudiar, en coordinación con el Comité contra el Terro- rismo del Consejo de Seguridad de las Naciones Unidas, las solicitudes de asistencia técnica y para el desarrollo de medios adecuados con miras a facilitar la ratificación y puesta en práctica de todo instrumento contra el terrorismo, de las Naciones Unidas o de todo otro origen, que sea del caso;
Reconociendo el peligro que suponen las armas de destrucción masiva en manos de los terroris- tas, insta a todos los Estados a que colaboren en las negociaciones en curso en las Naciones Uni- das sobre un convenio internacional para la represión de los actos de terrorismo nuclear, y en el Organismo Internacional de Energía Atómica, sobre un protocolo de la Convención de las Nacio- nes Unidas sobre la Protección Física de los Materiales Nucleares;
Acoge con beneplácito las actividades emprendidas por el Foro de Cooperación en materia de Segu- ridad, conforme a su Itinerario, de las que informó su Presidente, e insta al Foro de Cooperación en materia de Seguridad a proseguir con su labor al servicio de la lucha contra el terrorismo, en el marco de su mandato y de sus competencias;
Alienta al Coordinador de las Actividades Económicas y Medioambientales de la OSCE a que siga poniendo en práctica, en cooperación y coordinación con la Oficina de las Naciones Unidas con- tra la Droga y el Delito, programas para respaldar los esfuerzos de los Estados participantes por reforzar su capacidad de prevención y represión de la financiación del terrorismo;
Se felicita de la decisión, del mes de julio de 2002 (PC.DEC/487), de que todos los Estados parti- cipantes respondan al cuestionario de autoevaluación del equipo de tareas para acción financiera en lo relativo al cumplimiento de las ocho recomendaciones especiales contra la financiación del terrorismo, y observa con agrado que la tasa de respuesta a ese cuestionario ascienda, hasta la fecha, a un 88%. También se compromete a tomar medidas con miras a una rápida puesta en práctica de dichas recomendaciones contra la financiación del terrorismo;
Recuerda la recomendación del Representante Personal del Presidente en ejercicio para la preven- ción y lucha contra el terrorismo de que la OSCE concentre sus esfuerzos en actividades de índole policial, de seguridad fronteriza, de lucha contra la trata y el tráfico ilícito, y de represión de la financiación del terrorismo. También pide a todo donante interesado que estudie la posibilidad de aportar medios para la puesta en práctica de proyectos de la OSCE contra el terrorismo;
Decide que los Estados participantes, así como los órganos y las instituciones de la OSCE, intensi- fiquen sus esfuerzos y su compromiso colectivo frente al terrorismo y frente a toda situación que lo propicie y lo alimente, mediante el debido aprovechamiento de los puntos fuertes y de las venta- jas comparativas de la OSCE, es decir de su enfoque global de la seguridad, de su pericia en mate- ria de alerta temprana, prevención de conflictos, gestión de crisis y rehabilitación posconflicto, de su amplia gama de medidas de fomento de la confianza y la seguridad y de su probada pericia en tareas de formación de personal profesional.
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Decisión Nº 2
Preparación de una estrategia de la OSCE frente a las amenazas contra la seguridad y la estabilidad en el siglo XXI
El Consejo Ministerial,
Inspirado en la Declaración Ministerial de Bucarest (2001) y, en particular en su párrafo 8 rela- tivo a la elaboración de una estrategia de la OSCE frente a las amenazas contra la seguridad y la estabilidad en el siglo XXI,
Recordando lo dicho al respecto en los documentos y decisiones de la OSCE, particularmente en su Carta sobre la Seguridad Europea aprobada en la Cumbre de Estambul, en la que se identifican los riesgos y retos para la seguridad, y reiterando el compromiso contraído por los Estados parti- cipantes de cooperar en un espíritu de solidaridad frente a dichos riesgos y desafíos conforme a lo estatuido en la Carta de las Naciones Unidas, en las normas y principios de derecho internacional y en los compromisos asumidos en el seno de la OSCE,
Teniendo presente la necesidad desarrollar aún más el concepto de una seguridad común, global e indivisible, basada en la igualdad soberana de los Estados y en su mutua solidaridad,
Refrendando la importancia de la función de la OSCE en orden al establecimiento de mecanis- mos cooperativos eficientes para responder a las amenazas contra la seguridad y la estabilidad en la región euroatlántica, y de ampliar a este fin el diálogo en el marco de la OSCE, así como su coo- peración y espíritu de asociación con otras organizaciones e instituciones internacionales, regio- nales y subregionales sobre la base de la Plataforma para la Seguridad Cooperativa,
Decidido a reforzar la eficacia de las actividades de la OSCE relativas a la seguridad, en las tres dimensiones de su labor, de conformidad con los nuevos procedimientos adoptados en Europa y en el mundo,
Habida cuenta de las deliberaciones iniciadas por la Presidencia portuguesa sobre el desarrollo de una futura estrategia de la OSCE y de las contribuciones al respecto de los Estados participantes,
Decide lo siguiente: • Encomendar al Consejo Permanente que prosiga su labor en orden a la preparación, durante el año 2003, de una estrategia global de la OSCE frente a las amenazas contra la seguridad y la estabilidad en el siglo XXI, y pedir al Foro de Cooperación en materia de Seguridad que aporte su propia contribución a esta labor, en el marco de su mandato y de sus competencias.
Dicha estrategia deberá, entre otras cosas: • Identificar las amenazas contra nuestra común seguridad y estabilidad, y analizar todo cambio sobrevenido en la índole de dichas amenazas, así como sus principales causas; • Definir la función de los órganos e instituciones de la OSCE, y de sus operaciones sobre el terreno, así como su enfoque coordinado, para responder a toda amenaza contra la seguridad y la estabilidad; • Determinar los medios de que dispondrá la OSCE para prevenir las amenazas contra la seguri- dad y la estabilidad y para responder a dichas amenazas, así como para coadyuvar a las inicia- tivas internacionales al respecto. Deberá, en particular:
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– Adaptar o complementar, cuando sea necesario, los instrumentos y mecanismos de coopera- ción disponibles en el seno de la OSCE; – Crear nuevas formas de cooperación reforzada con otras organizaciones e instituciones com- petentes en este ámbito; – Mejorar la respuesta de la OSCE a las necesidades de los Estados participantes en orden a dotarse de los medios requeridos para responder a las amenazas contra la estabilidad y la seguridad, teniendo presentes los intereses de todos los Estados participantes.
En este contexto, los Estados participantes recurrirán a la Conferencia Anual de la OSCE para el Exa- men de la Seguridad con miras, entre otras cosas, a evaluar la puesta en práctica de dicha Estrategia.
El Consejo Ministerial decide asimismo que: • La labor preparatoria de dicha estrategia se lleve a cabo en el marco de un grupo de trabajo del Consejo Permanente, en estrecha cooperación con el Foro de Cooperación en materia de Segu- ridad, y de conformidad con la Decisión Nº 3 del Consejo Ministerial de Bucarest relativa a la promoción del papel de la OSCE como foro de diálogo político. Siempre que sea necesario, se pasará revista a la marcha de dicha labor en las reuniones extraordinarias del Consejo Perma- nente y del Foro de Cooperación en materia de Seguridad, así como en sus reuniones conjuntas.
Decisión Nº 3
Conferencia anual para el examen de la seguridad
El Consejo Ministerial,
Refrendando una vez más el concepto de la OSCE de una seguridad común, global e indivisible, Reconociendo la necesidad de reforzar la eficiencia de las actividades de la OSCE en materia de seguridad, en todas y cada una de sus tres dimensiones,
Reafirmando la función de la OSCE como organización primaria para la solución pacífica de con- troversias en el marco de su región y como instrumento clave de alerta temprana, prevención de conflictos, gestión de crisis y rehabilitación posconflicto, así como su índole de organización inte- gradora y global para fines de consulta, de adopción de decisiones y de cooperación en el ámbito de su región,
Tomando en consideración el Plan de Acción de Bucarest para la Lucha contra el Terrorismo y el Programa de Acción de Bishkek, así como la Carta de la OSCE para la Prevención y Lucha contra el Terrorismo, la Carta sobre la Seguridad Europea aprobada en la Cumbre de Estambul y la labor en curso con miras a la formulación de una estrategia de la OSCE frente a las amenazas contra la seguridad y la estabilidad en el siglo XXI,
Insistiendo en la importancia cada vez mayor de la cooperación internacional y del diálogo polí- tico entablado entre los Estados participantes, y con otras organizaciones internacionales, regio- nales y subregionales, como forma de respuesta a las amenazas contra nuestra seguridad común,
Consciente del peligro que suponen para todos los Estados participantes los conflictos suscitados en diversas regiones de la OSCE,
Recordando la Decisión Ministerial Nº 3 de Bucarest sobre Promoción del papel de la OSCE como foro de diálogo político,
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En reconocimiento de la función del Foro de Cooperación en materia de Seguridad como órgano competente de la OSCE en lo concerniente, entre otras cosas, a la negociación de medidas de con- trol de armamento, de desarme y de fomento de la confianza y la seguridad, y para la evaluación de la puesta en práctica de toda medida que se convenga a este respecto,
Considerando la función de la reunión anual del Foro Económico, y de sus seminarios preparato- rios y de seguimiento, para el examen de las actividades de la OSCE en su dimensión económica y medioambiental de la seguridad,
Teniendo en cuenta la función de las Reuniones de Aplicación en materia de la Dimensión Humana, de las Conferencias de Examen, de las Reuniones Suplementarias para el Seguimiento de la Dimen- sión Humana y del Seminario anual de la Dimensión Humana para el examen de la aplicación de los compromisos contraídos en la dimensión humana de la seguridad,
Insistiendo en la necesidad de equilibrar adecuadamente la labor efectuada por la OSCE en sus tres dimensiones,
Decidido a complementar, pero sin duplicarlas o sustituirlas, las actividades de otros órganos e instituciones de la OSCE, particularmente de su Reunión Anual de Evaluación de la Aplicación, Decide establecer una Conferencia Anual para el Examen de la Seguridad con el objetivo y las modalidades siguientes:
I. Objetivo
Instituir un marco para reforzar el diálogo en materia de seguridad y para examinar la labor empren- dida en este campo por la OSCE y sus Estados participantes mediante medidas como las siguientes: • puesta en práctica de una estrategia de la OSCE frente a las amenazas contra la seguridad y la estabilidad en el siglo XXI; • puesta en práctica de los compromisos contraídos en la OSCE para la lucha contra el terrorismo; • aspectos político-militares de la seguridad; • puesta en práctica de las decisiones de la OSCE y de sus actividades en materia de alerta tem- prana, prevención de conflictos, gestión de crisis y rehabilitación posconflicto; • actividades en materia de seguridad de las instituciones de la OSCE y de sus operaciones sobre el terreno; • actividades de la OSCE en asuntos de policía; • otras cuestiones en materia de seguridad, particularmente de índole regional, que sean de la competencia de la OSCE.
La Conferencia tal vez sirva además de oportunidad para el intercambio de información sobre cuestiones relacionadas con medidas de control de armamento y de fomento de la confianza y la seguridad, incluidos el Tratado FACE y el Tratado de Cielos Abiertos.
Además, la Conferencia deberá fomentar asimismo el intercambio de información y la coopera- ción con toda otra organización e institución internacional o regional competente en este campo.
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II. Modalidades
La Conferencia para el Examen de la Seguridad se reunirá anualmente en Viena, salvo decisión en contrario. Dicha reunión durará de dos a tres días y se celebrará durante la pausa de verano. Se alentará a los Estados participantes a que refuercen sus delegaciones con personal de alto nivel enviado desde sus capitales.
La Conferencia estará presidida por un representante del Presidente en ejercicio, con la participa- ción que proceda del Foro de Cooperación en materia de Seguridad.
El Consejo Permanente decidirá cada año la fecha, el orden del día y las modalidades propias de cada Conferencia anual, habida cuenta de la recomendación al respecto del Foro de Cooperación en materia de Seguridad.
La Conferencia podrá formular recomendaciones que se presentarán al Consejo Permanente y, si procede, al Foro de Cooperación en materia de Seguridad para su ulterior consideración.
La contribución del Foro de Cooperación en materia de Seguridad a dicha Conferencia se efectuará de conformidad con su mandato y su reglamento, y en el ámbito de su competencia.
El Consejo Permanente invitará a todo alto cargo de algún órgano o institución de la OSCE, que pueda ser del caso, a que informe ante la Conferencia sobre sus actividades relacionadas con la seguridad, así como sobre asuntos de su competencia que reclamen la adopción de nuevas medidas. Se invitará asimismo a las organizaciones e instituciones internacionales y regionales que proceda a que participen en la reunión conforme sea decidido, en cada caso, por el Consejo Permanente.
La Conferencia Anual para el Examen de la Seguridad se regirá por el reglamento de la OSCE.
Decisión Nº 6
Tolerancia y no Discriminación
El Consejo Ministerial,
Recordando los derechos humanos y los principios inherentes a la dignidad de la persona humana, y a la libertad de pensamiento, de conciencia, de religión o de creencia, que inspiran las normas generales de la OSCE relativas a los compromisos de la dimensión humana,
Recordando la Carta sobre la Seguridad Europea, aprobada en la Cumbre de Estambul de 1999, en la que se reitera nuestra plena adhesión a la Carta de las Naciones Unidas, así como al Acta Final de Helsinki, a la Carta de París y a otros documentos de la OSCE,
Recordando la Decisión Nº 5 del Consejo Ministerial, aprobada en su Novena Reunión en Buca- rest, por la que se reitera nuestra inquietud frente a toda manifestación de nacionalismo agresivo, racismo, patrioterismo, xenofobia, antisemitismo y frente a todo extremismo de índole violenta, dondequiera que ocurra,
Reiterando que la democracia y la protección de los derechos humanos y de las libertades fun- damentales constituyen una salvaguardia esencial de la tolerancia y de la no discriminación, así como factores importantes de estabilidad, seguridad, cooperación y desarrollo pacífico en toda la
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región de la OSCE, y de que a la inversa la tolerancia y la no discriminación son a su vez factores importantes en orden al fomento de los derechos humanos,
Reafirmando la prohibición, reconocida en el ámbito internacional, de toda discriminación o dis- tinción desfavorable de cualquier índole por motivos de raza, color, sexo, idioma, religión o creen- cia, opinión política o de otra índole, origen social o nacional, riqueza, nacimiento o toda otra condición personal,
Recordando la labor de la OSCE, por conducto de sus estructuras e instituciones en la esfera del fomento de los derechos humanos, de la tolerancia, de la no discriminación y del pluricultura- lismo, que se desarrolla en particular mediante reuniones y actividades emprendidas en el marco de su dimensión humana, así como mediante proyectos y programas de esa misma índole, inclui- dos los emprendidos por diversos de sus Estados participantes,
Insistiendo en la índole positiva del diálogo interreligioso y multicultural en orden al fomento de un mejor entendimiento entre las naciones y los pueblos,
Tomando nota de que promover la tolerancia y la no discriminación puede contribuir asimismo a eliminar las raíces de toda incitación al odio, así como del nacionalismo agresivo, del racismo, del patrioterismo, de la xenofobia, del antisemitismo y de todo extremismo de índole violenta,
Reconociendo la responsabilidad de los Estados participantes en orden al fomento de la toleran- cia y de la no discriminación,
1.(a) Condena en los más enérgicos términos toda manifestación de nacionalismo agresivo, de racismo, de patrioterismo, de xenofobia, de antisemitismo o de extremismo de índole violenta, así como toda incitación al odio o todo incidente de discriminación por motivos de religión o de creencia; (b) Se compromete a fomentar aún más el diálogo multicultural, interétnico e interreligioso, e ins- tará a las autoridades públicas y a la sociedad civil a que participen activamente en dicho diálogo; (c) Se compromete asimismo a obrar aún más en aras de los derechos de las personas pertenecien- tes a minorías nacionales;
2. Decide intensificar su labor en pro de la observancia y el fortalecimiento de la tolerancia y la no discriminación, obrando con la ayuda de las instituciones de la OSCE y en cooperación con toda organización internacional y entidad de la sociedad civil interesada, mediante el intercambio de información y de prácticas recomendadas, y por otros medios;
3. Exhorta a los Estados participantes que aún no lo hayan hecho a que consideren la convenien- cia de ratificar los instrumentos internacionales en los que sean parte, referentes al problema de la discriminación, y los insta a que cumplan plenamente las obligaciones en ellos contraíd;
4. Se compromete a tomar las medidas que procedan, en el ámbito nacional, regional y local y de conformidad con su respectivo orden constitucional, para promover la tolerancia y la no discri- minación, así como para disipar todo prejuicio o falsedad, especialmente en el ámbito de la ense- ñanza, la cultura y la información;
5. Condena, en particular, toda discriminación por motivos religiosos y se compromete a tratar de prevenir todo ataque dirigido contra agrupaciones religiosas, protegiéndolas de los mismos, con
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independencia de si dicho ataque va dirigido contra personas o contra lugares de culto u objetos religiosos;
6. Condena especialmente la reciente proliferación de incidentes de índole antisemita en el área de la OSCE, reconociendo que la existencia del antisemitismo ha constituido, a lo largo de la his- toria, una de las principales amenazas contra la libertad;
7. Condena asimismo el aumento reciente de actos de discriminación y violencia contra musul- manes en el área de la OSCE, y rechaza enérgicamente que se identifique el terrorismo y el extre- mismo con una determinada religión o cultura;
8. Decide manifestarse pública y enérgicamente contra la incitación al odio y contra toda manifes- tación de nacionalismo agresivo, racismo, patrioterismo, xenofobia, antisemitismo y extremismo violento, así como contra todo incidente de discriminación por motivos de religión o de creencia;
9. Pide a las autoridades competentes de los Estados participantes que investiguen con prontitud e imparcialidad los actos de violencia, particularmente si existen buenas razones para sospechar que están motivados por supuestos de nacionalismo agresivo, racismo, patrioterismo, xenofobia, antise- mitismo o extremismo de índole violenta, así como todo ataque motivado por odio contra alguna religión o creencia, y que lleven ante la justicia a los culpables con arreglo a su derecho interno y de conformidad con las normas internacionales aplicables en materia de derechos humanos;
10. Encomienda al Consejo Permanente que estudie la conveniencia de reforzar al Punto de Con- tacto sobre cuestiones relacionadas con los romaníes y sinti en la Oficina de Instituciones Demo- cráticas y Derechos Humanos (OIDDH);
11. Insta a que se convoquen actos bien definidos de la dimensión humana sobre cuestiones abor- dadas en la presente decisión, sobre todo en lo que respecta a los temas del antisemitismo, la dis- criminación, el racismo y la xenofobia;
12. Encomienda a la Presidencia en ejercicio y al Consejo Permanente, en estrecha cooperación con la OIDDH, el Alto Comisionado para las Minorías Nacionales y el Representante para la Libertad de los Medios de Comunicación, que velen por que se dé un seguimiento efectivo a la presente deci- sión, recurriendo en mayor medida a los seminarios y reuniones anuales de la dimensión humana, y demás herramientas de que ya dispone la OSCE.
Decisión Nº 7
Compromisos en material de elecciones
El Consejo Ministerial,
Recordando lo dispuesto en el Documento de la Reunión de Copenhague de 1990 de la Conferen- cia sobre la Dimensión Humana de la CSCE,
Tomando nota de los compromisos adicionales, enunciados en la Declaración de la Cumbre de Lisboa 1996, en la Declaración de la Cumbre de Estambul 1999 y en la Declaración del Consejo Ministerial del Bucarest 2001, que han pasado a complementar lo dispuesto en ese Documento,
Reafirmando su determinación de cumplir dichos compromisos,
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Consciente de que cabe celebrar elecciones democráticas bajo diversos regímenes electorales,
Consciente de la pericia adquirida por la OIDDH en el curso de su labor de asistencia a los Esta- dos participantes en el cumplimiento de sus compromisos contraídos en cuanto a sus elecciones,
Teniendo presente la Decisión Nº 509 del Consejo Permanente acerca de compromisos y normas internacionales: una guía pragmática de prácticas idóneas para celebrar elecciones democráticas,
Exhorta a los Estados participantes a obrar con el mayor celo posible al responder a las recomen- daciones formuladas por la OIDDH a la luz de sus observaciones sobre las elecciones;
Encomienda al Consejo Permanente que estudie si es necesario formular compromisos adiciona- les en materia de elecciones, en aras de intensificar la cooperación con otras organizaciones inter- nacionales, así como entre Estados participantes y que informe de ello al Consejo Ministerial en su próxima reunión.
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I. Estrategia de la OSCE frente a las amenazas contra la estabilidad y la seguridad en el siglo XXI
1. El entorno evolutivo de la seguridad en el siglo XXI está creando nuevos desafíos para todos, que lo son también para la OSCE. Para responder a dichos desafíos la OSCE dispondrá del impor- tante haber que supone la amplia base de la Organización, que se extiende desde América del Norte a Europa y partes de Asia, y de su concepto pluridimensional de una seguridad común, integral, cooperativa e indivisible. La Organización sigue asumiendo su compromiso a favor de un área de la OSCE libre y democrática, así como mejor integrada y sin líneas divisorias.
2. El respeto y la observancia del derecho internacional y de los principios de la Carta de las Nacio- nes Unidas siguen siendo centrales para toda labor encaminada a prevenir y eliminar amenazas contra la seguridad y la estabilidad. El Consejo de Seguridad de las Naciones Unidas es el órgano al que compete la responsabilidad primaria en orden al mantenimiento de la paz y de la seguridad internacional, y dicho órgano sigue cumpliendo una función básica al servicio de la seguridad y la estabilidad en la región de la OSCE. La observancia de las normas y principios de la OSCE y de los compromisos asumidos en su seno, desde el Acta Final de Helsinki hasta la fecha, constituye una parte integral de este marco. La presente estrategia tiene por objeto contribuir a la creación de un sistema internacional mejor integrado que permita responder con mayor eficacia a toda amenaza y desafío de ámbito mundial.
Amenazas contra la seguridad y la estabilidad en el siglo XXI
3. La OSCE ha sido un valioso instrumento en la tarea de consolidar la ruta hacia la seguridad y la estabilidad en toda el área de la OSCE en la última parte del siglo XX, que ha contribuido ade- más a la importante transformación democrática operada en dicha área. Donde antes reinaba la confrontación prospera ahora la cooperación. Toda amenaza frente a la seguridad y la estabili- dad en la región de la OSCE tiene más probabilidades hoy de ser fruto de las consecuencias nega- tivas y desestabilizadoras de algún hecho que perturbe más de una de las dimensiones humana, político-militar, y económica y medioambiental de la OSCE, que de un grave conflicto militar. Al mismo tiempo, se ha de constatar que subsisten en el área de la OSCE conflictos aún no resueltos. La búsqueda de una solución negociada de dichos conflictos debe seguir siendo un asunto urgente.
4. El respeto de los derechos humanos y de las libertades fundamentales del ciudadano, así como de la democracia y del Estado de derecho, es esencial al concepto global de la seguridad adop- tado por la OSCE. La firmeza de las instituciones democráticas y del Estado de derecho cumple un cometido importante en orden a la prevención de toda amenaza eventual. Una administración pública deficiente, y la inhabilidad para establecer instituciones democráticas adecuadas y fun- cionales que promuevan la estabilidad, constituyen de por sí un semillero de una amplia gama de
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amenazas. Por idéntico motivo, la violación sistemática de los derechos humanos, particularmente de los derechos de personas pertenecientes a minorías nacionales, y la violación sistemática de las libertades fundamentales pueden ser un semillero de una amplia gama de amenazas potenciales.
5. Los factores socioeconómicos y medioambientales pueden, a su vez, afectar a la seguridad y la estabilidad. La mundialización, así como la liberalización y los avances tecnológicos ofrecen nuevas oportunidades para el comercio, el crecimiento y el desarrollo, pero no han reportado por igual sus beneficios a todos los Estados participantes, contribuyendo en algunos casos a agravar las dispari- dades entre Estados y en el interior de un mismo Estado. Los frutos de la mundialización depen- derán de la política adoptada por las autoridades nacionales y las instituciones internacionales, así como de la respuesta del sector privado y de la sociedad civil. Ciertos factores demográficos y el deterioro general de la salud constituyen otros tantos desafíos potenciales para la seguridad. Ciertos factores demográficos y el deterioro general de la salud constituyen otros tantos desafíos potenciales para la seguridad.
6. Toda ausencia de apertura y transparencia en asuntos político-militares puede acarrear gra- ves secuelas. El no dar pleno y puntual cumplimiento a todo acuerdo o instrumento de control de armamento, desarme, no proliferación y fomento de la confianza y la seguridad puede, a su vez, dañar notablemente a la seguridad común.
7. La actuación de grupos terroristas y de otros grupos delictivos constituye también una fuente de amenazas. Ciertos actos terroristas recientes son una clara muestra del creciente desafío que suponen dichas amenazas y de la prioridad que debe darse a la lucha por prevenirlas y eliminarlas. Además, dichas amenazas no suelen tener su origen en un único Estado, sino que son de índole transnacional, al tiempo que afectan a la seguridad de todos los Estados del área de la OSCE así como a la estabilidad de nuestra sociedad. Cabe observar, simultáneamente, que la región de la OSCE está crecientemente expuesta a amenazas surgidas fuera de su área, y que ciertos desarrollos dentro de nuestra propia región pueden tener también repercusiones sobre ciertas áreas adyacentes.
8. A la luz de este panorama, está claro que conserva toda su validez el enfoque global de la segu- ridad propio de la OSCE, basado en sus dimensiones humana, político-militar, y económica y medioambiental, por lo que dicho enfoque debe mantenerse y fortalecerse aún más. Nuestro análisis de las amenazas ha sacado a relucir, en el interior de dicho marco, una gama de cuestio- nes que merecen que se les preste particular atención como parte de nuestro común empeño en reforzar nuestra respuesta.
9. Las amenazas suscitadas por los conflictos interestatales e intraestatales siguen siendo la catego- ría más amplia de entre las amenazas que se ciernen sobre los Estados participantes, así como sobre su población. Dichos conflictos, dondequiera que ocurran, pueden suponer también un riesgo para otras áreas limítrofes y pueden suscitar otro tipo de amenazas, en forma de terrorismo, prolifera- ción de armas de destrucción masiva, acumulación excesiva y desestabilizadora de armas peque- ñas y armas ligeras (APAL) y en forma de difusión descontrolada de dichas armas, y pueden dar lugar a violaciones de los derechos humanos, a expulsiones en masa, al deterioro de la situación socioeconómica y a migraciones ilegales. Tras cada causa inmediata de un conflicto violento cabe encontrar el incumplimiento del derecho internacional y de las normas y principios de la OSCE, así como una amplia gama de factores correspondientes a las dimensiones político-militar, humana, y económica y medioambiental de la seguridad.
10. El terrorismo constituye uno de los factores desestabilizadores más graves del entorno actual de la seguridad. Vulnera en su propia base los valores que unen a los Estados participantes de toda el área de la OSCE. El terrorismo seguirá siendo un desafío crucial contra la paz y la estabilidad
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y contra el poder público estatal, particularmente, por razón de su habilidad para valerse de métodos asimétricos para soslayar los sistemas tradicionales de defensa y de seguridad. El terrorismo carece de toda justificación, pero debe dársele una respuesta global que combata sus manifestaciones, al tiempo que se busca un remedio para todo contexto político, social o económico en donde ocurra.
11. La mundialización y los avances tecnológicos han amplificado y extendido la amenaza que constituye la delincuencia organizada. Más aún la delincuencia organizada suele ir paralela con el terrorismo, tanto en razón de sus métodos como de sus agentes. La introducción clandestina de migrantes y la trata de personas, así como el tráfico ilícito de estupefacientes, de armas pequeñas y armas ligeras y de sustancias y tecnologías potencialmente peligrosas son otras tantas actividades delictivas que pueden suponer una amenaza para la seguridad y la estabilidad, tanto en el interior del área de la OSCE como fuera de ella. La apertura de fronteras y la libre circulación de personas y de bienes son provechosas para la cooperación internacional, pero suponen asimismo una cre- ciente amenaza, particularmente en lo concerniente a las migraciones ilegales.
12. Toda práctica que guarde relación con la discriminación o la intolerancia constituye no sólo una amenaza para la seguridad de las personas afectadas, sino que puede dar lugar a conflictos o agresiones de mayor alcance. Esas prácticas pueden nacer de problemas como las tensiones étni- cas y religiosas, el nacionalismo agresivo, el patrioterismo y la xenofobia o tener su origen en el racismo, el antisemitismo y todo otro extremismo violento, así como en la falta de respeto para con los derechos de personas pertenecientes a minorías nacionales.
13. La movilidad de la población migrante y la emergencia de sociedades donde coexisten muchas culturas por toda la región de la OSCE abre grandes oportunidades, pero supone también un desa- fío. Todo fracaso en la integración de estas sociedades o toda falta de respeto, de los que en ellas residen, hacia los derechos de todos sus conciudadanos puede minar la estabilidad social.
14. La agravación de las disparidades económicas y sociales, la inexistencia de un Estado de dere- cho, la mala gestión del sector público y del sector empresarial privado, la corrupción, la pobreza generalizada y las elevadas tasas de desempleo son algunos de los factores económicos que cons- tituyen una amenaza para la seguridad y la estabilidad. Estos factores pueden constituir además un semillero de graves amenazas en otras esferas. La deterioración del medio ambiente, la explo- tación insostenible de los recursos naturales, la mala gestión de los desperdicios y la contamina- ción perturban el equilibrio ecológico y dañan gravemente a la salud, al bienestar personal y a la seguridad y estabilidad de los Estados. Todo desastre ecológico puede tener efectos similares. La mala gestión de la problemática ligada a dichos factores tiene un efecto nocivo directo, al tiempo que resta capacidad para generar un desarrollo que sea económica y socialmente sostenible, y para responder eficazmente a los desafíos y amenazas económicas y medioambientales contra la segu- ridad y la estabilidad.
15. Muchas de las amenazas de índole político-militar, particularmente aquellas que se han abor- dado en documentos de la OSCE, tales como la acumulación desestabilizadora de armamento convencional, la transferencia ilícita de armas, y la proliferación de armas de destrucción masiva, siguen inquietando gravemente a los Estados participantes en la OSCE. Entre las amenazas cuya índole o impacto ha evolucionado o que sean totalmente nuevas cabe citar, como merecedoras de particular atención, las amenazas imputables a los grupos terroristas o de índole parecidamente criminal. Debe prestarse, asimismo, atención a la amenaza potencial dimanante de la índole evo- lutiva de los conflictos armados.
16. Al evolucionar el entorno de la seguridad, van surgiendo nuevas amenazas, sin que todas ellas sean previsibles. El marco que ofrece la OSCE para un diálogo político permanente, así como su
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Conferencia Anual para el Examen de la Seguridad, será una ayuda para identificar, analizar y res- ponder a esas nuevas amenazas a medida que vayan surgiendo.
Respuesta de la OSCE
17. La respuesta de la OSCE será pluridimensional y no se producirá en un vacío. La Organiza- ción aportará ciertos recursos singulares, en donde goza de mayor pericia y capacidad, y facilitará su eficiente marco de cooperación con otros agentes internacionales, a fin de responder con una acción coordinada y complementaria, a toda amenaza que vaya surgiendo, centrando bien la res- puesta y evitando toda duplicación. La Carta sobre la Seguridad Europea y su Plataforma para la Seguridad Cooperativa fueron aprobadas en Estambul en 1999 con miras a fortalecer la seguri- dad y estabilidad de la región y mejorar la capacidad operativa de la OSCE mediante una transfor- mación destinada a equiparla para hacer frente a desafíos que no tuvieran precedente. Esos textos conservan toda su validez.
18. Cada Estado participante debe asumir su responsabilidad primaria por la seguridad de sus pro- pios ciudadanos. Los Estados deben responder ante sus ciudadanos y son mutuamente responsables entre sí en lo relativo a la aplicación de sus compromisos asumidos en la OSCE. La OSCE está dis- puesta a prestar asistencia y asesoramiento y a favorecer la cooperación entre los propios Estados participantes al servicio de este fin. Dicha cooperación, en espíritu de solidaridad plena y transpa- rente, constituye un elemento básico para la seguridad del área de la OSCE y debe ser reflejo de la reciprocidad de sus intereses y de su mutuo respeto. Cada Estado participante goza por igual del derecho que todo Estado tiene a la seguridad.
19. La OSCE es un foro para el diálogo político y al servicio de la seguridad, en donde se defi- nen normas y principios mutuamente consensuados y políticamente vinculantes y se promueve su puesta en práctica. El Consejo Permanente y el Foro de Cooperación en materia de Seguridad cumplen una función esencial a este respecto en el marco de su mandato y de sus competencias respectivas. Se reforzará dicha función, intensificando el proceso de consulta política y la trans- parencia en el marco de la Organización. El diálogo así instituido, y las normas y pautas por las que se rige, tienen por objeto prevenir toda amenaza antes de que nazca. Con ello se estimula asi- mismo el desarrollo de instituciones democráticas y de sociedades abiertas, que sean capaces de resolver con eficacia y espíritu cooperativo toda amenaza que vaya surgiendo.
20. La OSCE seguirá desempeñando un papel activo en toda su región, aprovechando plenamente sus instituciones, es decir, la Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH), el Alto Comisionado para las Minorías Nacionales (ACMN) y el Representante para la Libertad de los Medios de Comunicación (RLMC), así como sus operaciones sobre el terreno y su Secretaría. Todo ello forma un importante juego de instrumentos que está al servicio de los Estados partici- pantes en orden al cumplimiento de sus compromisos, particularmente en lo relativo al respeto de los derechos humanos, de la democracia y del Estado de derecho. En toda actividad pertinente, se aprovechará toda oportunidad que se presente para fortalecer la cooperación con la Asamblea Parlamentaria y, por su conducto, con los parlamentos nacionales.
21. Consciente de la importante contribución de las instituciones y de las operaciones sobre el terreno a la puesta en práctica de las metas y principios de la Organización, la OSCE estudia la manera de mejorar el funcionamiento y la eficacia de sus operaciones sobre el terreno, para lo que desarrollará nuevas herramientas, siempre que sean necesarias.
22. Se debe consolidar aún más la capacidad global de la OSCE para identificar y analizar amenazas y darles una respuesta coordinada. Debe prestarse mayor atención a la función de alerta temprana,
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tanto en la propia Secretaría como en las instituciones y operaciones sobre el terreno, y debe refor- zarse el seguimiento dado a dicha función. La OSCE sigue disponiendo de mecanismos especia- les de alerta temprana y solución pacífica de conflictos, así como de los equipos periciales REACT de asistencia y cooperación rápida. Las actividades de alerta temprana y prevención de conflictos de la Asamblea Parlamentaria de la OSCE constituyen una valiosa aportación a dicho esfuerzo.
23. A medida que se agrava la magnitud de las amenazas surgidas o que se están gestando en regio- nes adyacentes, la OSCE deberá intensificar su colaboración, particularmente con sus Socios para la cooperación de Asia y del Mediterráneo, en orden a la pronta identificación de todo punto de común inquietud o interés y de toda posibilidad para actuar coordinadamente al respecto. Alen- taremos a nuestros Socios a que apliquen voluntariamente los principios y compromisos de la OSCE y cooperaremos con ellos, según proceda, a dicho respecto. Como primer paso, hacia un diálogo intensificado, invitaremos a todos nuestros Socios para la cooperación a participar con mayor regularidad, en su calidad de observadores, en las reuniones del Consejo Permanente y del Foro de Cooperación en materia de Seguridad. La OSCE examinará también la manera de com- partir sus normas, principios, compromisos y valores con otras regiones, en particular con las más próximas. Se intensificarán aún más los contactos con las organizaciones de dichas regiones. (…)
27. La prevención de conflictos y la rehabilitación posconflicto son tareas que suponen un notable esfuerzo que la Organización emprende, en estrecha colaboración con los Estados participantes, con miras a promover y facilitar el desarrollo de instituciones democráticas y la instauración del Estado de derecho, apoyando, entre otras cosas, el desarrollo institucional y la consolidación de las autoridades de todo rango y nivel, así como de la estructura parlamentaria, de una judicatura independiente y de una sociedad civil y medios informativos libres.
Respondiendo al terrorismo y a las amenazas suscitadas por otras actividades delictivas
Terrorismo
28. Los convenios y protocolos de las Naciones Unidas, así como las resoluciones del Consejo de Seguridad de las Naciones Unidas, constituyen el marco jurídico mundial para la lucha contra el terrorismo. En apoyo de dicho marco, la OSCE ha ido creando a través de sus decisiones, durante los años 2001 y 2002, una estructura que habilita a los Estados participantes y a la Organización para dar una respuesta global, altamente prioritaria, a toda amenaza o acto terrorista, así como a toda situación que pueda propiciar o alimentar el terrorismo. La Secretaría de la OSCE ha creado en su seno, como elemento operativo de dicho marco, la Unidad de Acción contra el Terrorismo (UAT).
29. El esfuerzo antiterrorista de la OSCE está centrado en tareas de gestión y seguridad fronteriza, de policía, de lucha contra el tráfico ilícito y de represión de las vías de financiación del terrorismo. Se prestará particular atención al desarrollo de servicios especiales y otras medidas de asistencia en la esfera de la lucha antiterrorista. La Organización se ocupará también del importante desa- fío que supone la puesta en práctica de medidas eficaces contra el terrorismo que sean plenamente conformes con el Estado de derecho y el derecho internacional, así como con la normativa aplica- ble en materia de derechos humanos. Entre dichas medidas cabe citar la de privar de todo abrigo seguro a las organizaciones terroristas y la de remediar toda situación que favorezca el recluta- miento de elementos terroristas y les permita conseguir apoyos. Dichas medidas están asimismo destinadas a privarles de oportunidades para incrementar su capacidad de acción, impidiendo su acceso a armas pequeñas y armas ligeras (APAL) y otras armas convencionales, así como a las
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armas de destrucción masiva y tecnologías conexas. Se trata de obtener, por medio de reuniones conjuntas, contactos de todo nivel, y programas y proyectos especiales, una interacción estrecha con otras organizaciones internacionales activas en este campo, particularmente con el Comité contra el Terrorismo del Consejo de Seguridad de las Naciones Unidas y la Oficina de las Nacio- nes Unidas contra la Droga y el Delito (ONUDD).
30. La OSCE ha decidido también establecer una Red contra el Terrorismo (RCT) que mejore la coordinación de las medidas antiterroristas y el intercambio de información entre los Estados participantes en la OSCE, y que respalde y suplemente la labor del Comité contra el Terrorismo de las Naciones Unidas en la puesta en práctica de la resolución 1373 del Consejo de Seguridad.
Amenazas imputables a otras actividades delictivas
31. La OSCE intensificará su labor contra la delincuencia organizada. La organización de reunio- nes periódicas de expertos policiales de los países participantes en la OSCE, así como de represen- tantes de otras organizaciones internacionales y regionales con alguna especialidad en este campo, constituiría una valiosa aportación a este respecto. En particular, la OSCE prestará creciente aten- ción a la amenaza imputable a la trata de personas y otras formas de tráfico ilícito. Se ha aprobado un Plan de Acción contra la Trata de Personas. El Documento APAL de la OSCE sigue siendo un instrumento clave para la lucha contra el tráfico y la proliferación de APAL en todos sus aspectos. Se fortalecerá, por ello, su aplicación. La OSCE proseguirá su colaboración con la ONUDD en la lucha contra el tráfico ilícito de estupefacientes, y en la búsqueda de un enfoque global internacio- nal que ayude a resolver esta grave cuestión.
32. La Unidad de Estrategia Policial fue creada para ayudar a los Estados participantes en orden al desarrollo de su capacidad de respuesta frente a las amenazas suscitadas por la delincuencia, así como en defensa del Estado de derecho. Su finalidad es la de reforzar la pericia operativa de la policía en ciertas esferas clave, prestando particular atención al respeto de los derechos humanos y de las libertades fundamentales. A instancia de los Estados participantes, la OSCE intensificará su asistencia a las autoridades, incluidas las de ámbito local, en la lucha contra la delincuencia y las redes delictivas, para lo que definirá y desarrollará ciertas competencias básicas, tales como ser- vicios de especialización y formación policial.
33. La OSCE intensificará sus esfuerzos por resolver ciertas cuestiones como la introducción clan- destina de migrantes y la migración ilegal en general.
34. Hará falta un enfoque global y pluridisciplinario para prevenir y combatir con éxito la corrup- ción en todas sus formas. La OSCE intervendrá, en estrecha coordinación con la ONUDD y otras organizaciones internacionales e instituciones financieras pertinentes, en el común esfuerzo por reducir la corrupción en toda la región de la OSCE.
35. Las amenazas suscitadas por el terrorismo y la delincuencia organizada suelen estar entrelaza- das, por lo que se seguirá explorando la posibilidad de darles una respuesta sinérgica. El paso fron- terizo de personas, recursos y armas, así como el tráfico ilícito, juegan un papel cada vez mayor en la financiación y el apoyo logístico de las actividades terroristas. La OSCE se ha comprometido a ocuparse de esos problemas y a fortalecer su propia capacidad para promover el mantenimiento de fronteras a la vez abiertas y seguras mediante, entre otras medidas, la definición de un concepto de la OSCE para la administración y seguridad de fronteras destinado a facilitar el desarrollo de servicios especiales y de una cooperación interestatal mutuamente provechosa.
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Respondiendo a las amenazas suscitadas por la discriminación y la intolerancia
36. La discriminación y la intolerancia están entre los factores que pueden ser fuente de conflic- tos perturbadores de la seguridad y la estabilidad. Basándose en los compromisos asumidos en su dimensión humana, la OSCE se esfuerza por promover, en toda su área, condiciones favorables al pleno disfrute, por todos, de sus derechos humanos y libertades fundamentales, al amparo de instituciones democráticas efectivas, de la legalidad de las actuaciones judiciales y del Estado de derecho. Ello presupone que todos los grupos sociales dispongan de entornos e instituciones donde poder debatir entre sí pacíficamente y donde poder expresar libremente sus intereses. La sociedad civil tiene una importante función que cumplir a este respecto, por lo que la OSCE seguirá pres- tando apoyo y ayuda a las organizaciones nacidas de la sociedad civil.
37. Los Estados participantes, los órganos e instituciones de la OSCE, así como su Secretaría y muchas de sus presencias sobre el terreno intervienen en actividades que van dirigidas contra amenazas que guardan relación con supuestos de discriminación o de intolerancia, y particularmente con- tra las amenazas surgidas de tensiones étnicas y religiosas combinadas con actos de extremismo violento. Dichos órganos cumplen además una importante función de alerta temprana. La Reu- nión anual de Aplicación de la Dimensión Humana y otros actos que se celebran en el marco de la dimensión humana ofrecen oportunidades para examinar las amenazas relacionadas con supues- tos de discriminación o de intolerancia y para formular recomendaciones sobre posibles medidas para responder a dichas amenazas. Sin dejar de respetar plenamente la libertad de expresión, la OSCE se esforzará por combatir toda incitación al odio que pueda ser alimentada por propaganda racista, xenófoba y antisemita distribuida por Internet.
38. Los Estados participantes y los órganos e instituciones de la OSCE se han comprometido a inten- sificar sus esfuerzos para contrarrestar toda amenaza nacida de supuestos de discriminación o de intolerancia. Se promoverá activamente el establecimiento de relaciones armónicas entre en los diversos grupos étnicos, religiosos, lingüísticos y de otra índole, así como los derechos de perso- nas pertenecientes a minorías nacionales y la igualdad de oportunidades para mujeres y hombres. Se debe contrarrestar todo acto de violencia, intolerancia, extremismo o discriminación contra dichos grupos, así como contra trabajadores migrantes, peticionarios de asilo y otros inmigrantes, y se deberá exigir responsabilidad a toda persona que cometa alguno de dichos actos. Al mismo tiempo, debe velarse por que toda persona perteneciente a dichos grupos respete el Estado de dere- cho, los valores democráticos y las libertades cívicas de los países donde residen.
39. La OSCE reconoce, en este contexto, las dificultades especiales con las que tropieza la pobla- ción romaní y sinti y la necesidad de adoptar medidas eficaces para erradicar toda discriminación contra dicha población y conseguir para ella la igualdad de oportunidades, de conformidad con los compromisos de la OSCE. Por ello, la OSCE ha aprobado un Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE.
40. Los esfuerzos de la OSCE se dirigirán, en particular, a las generaciones más jóvenes a fin de hacerles comprender la necesidad de que haya tolerancia y la importancia de la reconciliación y de la coexistencia pacífica. La visión y perspectiva del futuro de dichas generaciones es un fac- tor clave, que debe cuidarse, por lo que la OSCE asumirá, si así procede, una función más activa en la esfera de la educación. Cabe destacar la educación en materia de derechos humanos como merecedora de particular atención.
41. Se aprovechará al máximo la capacidad supervisora de la OIDDH, y se recurrirá a una coopera- ción de índole operativa con otros órganos supervisores a fin de aprovechar en común la información
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reunida y disponer de una visión lo más completa posible del curso de la situación. Ello permi- tirá que la OSCE dirija con mayor eficiencia su labor hacia las cuestiones de más alta prioridad. (…)
Cooperación con otras organizaciones e instituciones internacionales
52. Ningún Estado u organización puede responder, en aislamiento, a las amenazas con las que nos enfrentamos hoy. Será por ello esencial coordinar los esfuerzos de todas las organizaciones pertinentes a este respecto. La interacción de la OSCE con otras organizaciones e instituciones se basa en su Plataforma para la Seguridad Cooperativa, donde los Estados participantes se com- prometieron a esforzarse por desarrollar una mayor cohesión política y operativa entre todos los órganos que se ocupan de la seguridad, tanto al responder a toda amenaza existente como al pre- parar su respuesta frente a nuevos desafíos y amenazas. En un entorno evolutivo de la seguridad, queda mucho por hacer en orden a alcanzar dicha meta de aprovechar mejor los puntos fuertes y las ventajas de cada organización.
53. Nuestra cooperación actual con otras organizaciones e instituciones está inspirada en un diá- logo político y una labor de coordinación estructurada sobre cuestiones temáticas o de índole regional surgidas en toda el área de la OSCE, así como en nuestros comunes valores y objetivos. Es importante intensificar la interacción interinstitucional en el plano tanto político como ope- rativo, así como nuestra cooperación y coordinación en asuntos y proyectos prácticos, tanto en la sede como sobre el terreno. Deben alentarse los contactos entre los enviados y los representantes especiales de cada entidad, así como el desarrollo de estrategias compartidas y de misiones explo- ratorias conjuntas.
54. La OSCE trata de ampliar sus relaciones con todas las organizaciones e instituciones que estén interesadas en el fomento de la seguridad global en el área de la OSCE, y ha introducido pautas regulares de consulta, en el ámbito tanto técnico como político, con cierto número de esas entida- des, y concretamente con las Naciones Unidas, la Unión Europea, la OTAN y el Consejo de Europa. La OSCE deberá preservar su flexibilidad a fin de poder seguir cooperando con diversas organi- zaciones a medida que vayan evolucionando sus respectivas capacidades y objetivos operativos en función de las amenazas percibidas y de los recursos disponibles.
55. En su calidad de arreglo regional, a tenor del Capítulo VIII de la Carta de las Naciones Unidas, la OSCE constituye un foro de cooperación con toda organización de ámbito subregional de su pro- pia área. Seguirá, por ello, organizando reuniones de coordinación e intercambio de información con estas organizaciones e instituciones sobre temas de interés mutuo. Debe seguir asimismo adop- tando medidas prácticas para compartir toda experiencia de la OSCE, que sea del caso, con otras organizaciones regionales. La OSCE seguirá estando dispuesta a apoyar iniciativas y planes, naci- dos en otros foros, en aras de una mayor cooperación en la lucha contra las amenazas, al igual que ha prestado su apoyo a la aplicación de los convenios de las Naciones Unidas contra el terrorismo.
56. La OSCE ha desarrollado una fuerte interacción práctica, que debe aún reforzarse, con las orga- nizaciones no gubernamentales, que siguen efectuando, por su parte, una contribución impor- tante al esfuerzo global de la Organización. Debe reforzarse dicha cooperación frente a toda la gama de amenazas
57. a las que la presente Estrategia trata de dar respuesta, esforzándose por mejorar el funciona- miento de la Plataforma para la Seguridad Cooperativa con miras a que nuestra respuesta frente a toda común amenaza sea más eficiente y, por ende, más eficaz. Con dicho fin, se sugerirá que se establezca, en consulta con otras organizaciones e instituciones internacionales, un nuevo
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mecanismo consultivo especial como parte de un esfuerzo global destinado a analizar y afrontar de consuno dichas amenazas. La OSCE ofrece esta nueva herramienta como marco flexible de con- sulta, que facilitará el contacto inicial con toda organización o institución pertinente tan pronto como haya surgido o se vaya intensificando una amenaza. También se podrá potenciar esta coo- peración mediante reuniones más frecuentes de intercambio de información con otras organiza- ciones e instituciones interesadas y mediante el establecimiento de personas de enlace al respecto.
Conclusión
58. En la presente Estrategia, hemos identificado una serie de amenazas para nuestra estabilidad y nuestra común seguridad, y hemos impartido directrices estratégicas para nuestra labor de pre- vención y lucha contra dichas amenazas. Se encomendará al Consejo Permanente y al Foro de Cooperación en materia de Seguridad a que, junto con las instituciones, las operaciones sobre el terreno y la Secretaría, contribuyan a la puesta en práctica y al seguimiento de la presente Estrate- gia en el marco de sus respectivos mandatos y competencias. Toda respuesta eficiente, y por ende eficaz, requerirá una actuación coordinada y cohesiva de todos los órganos e instituciones de la OSCE. La Presidencia en ejercicio se encargará, en nombre del Consejo Ministerial y del Consejo Permanente, de la tarea de coordinar la ejecución de la presente Estrategia y de toda consulta que sea necesaria a dicho fin. La Conferencia Anual para el Examen de la Seguridad ofrece una oportu- nidad para examinar periódicamente la Estrategia y su puesta en práctica y para identificar y ana- lizar toda nueva amenaza o desafío que vaya surgiendo. Dicha Conferencia podrá servir también de ocasión para que la Organización ponga en marcha la preparación de medidas de respuesta adi- cionales, así como el desarrollo de la propia Estrategia, si fuere necesario. Es preciso además que nuestra respuesta sea integrada con la de otras organizaciones e instituciones. Centraremos nues- tro esfuerzo en áreas o cuestiones en donde la OSCE goce de alguna ventaja real. Deseamos una Organización reforzada para hacer frente en común a las amenazas y desafíos que vayan surgiendo en toda el área de la OSCE, y que al mejorar la seguridad humana, reporte una ventaja apreciable a la vida de cada persona, razón de ser y meta de toda nuestra labor.
II. Documento Estratégico de la OSCE para la Dimensión Económica y Medioambiental (…)
1.6 La agravación de las desigualdades económicas y sociales, la demora en instaurar un Estado de derecho, la deficiente gestión, la corrupción, la pobreza generalizada y toda tasa elevada de desem- pleo son algunos de los factores que empeoran ciertas amenazas mundiales tales como el terrorismo, el extremismo violento, la delincuencia organizada transnacional, así como ciertas actividades eco- nómicas ilegales, entre ellas el blanqueo de dinero, la trata y todo otro tipo de tráfico ilícito, y la migración ilegal. Ciertos conflictos entre Estados y en el interior de algunos de ellos obstaculizan a su vez el desarrollo y la cooperación económica regional y socavan la seguridad de las vías de comunicación y de las vías de transporte de energía, entre otras. (…)
2. Nuestra respuesta y medidas que adoptaremos (…) 2.1 Fortalecimiento de la buena gestión 2.1.1 La buena gestión pública y empresarial y un buen marco institucional son los fundamen- tos sobre los que se basa una sólida economía, que atraiga inversiones y que de esa manera per- mita a los Estados reducir la pobreza y las desigualdades, aumentar la integración social y las
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oportunidades para todos, y proteger el medio ambiente. La buena gestión a todos los niveles coad- yuva a la prosperidad, la seguridad y la estabilidad. La paz, las buenas relaciones internacionales, la seguridad y la estabilidad del Estado, así como el amparo de la seguridad general y de cada per- sona y el respeto de los derechos humanos en el marco del Estado de derecho, son factores esen- ciales para crear el clima de confianza requerido para propiciar un desarrollo positivo tanto en lo económico como en lo social. 2.1.2 La buena gestión interesa por igual a todos los Estados participantes, por lo que todos hemos acordado esforzarnos en nuestro respectivo ámbito nacional, con el apoyo de las instituciones inter- nacionales pertinentes, para fortalecer la buena gestión en todos sus aspectos y crear métodos de cooperación que nos permitan ayudarnos mutuamente a conseguir este objetivo. 2.1.3 Para vencer la corrupción hará falta no sólo transparencia, sino también que los Estados parti- cipantes asuman una estrategia integral y a largo plazo para luchar contra ella. Nos esforzaremos por favorecer una buena gestión empresarial basada en un estrecho diálogo con el mundo empresarial y la sociedad civil, a través de las cámaras de comercio, las asociaciones de empresas y otros foros.
Fomento de la transparencia y lucha contra la corrupción
2.1.4 La transparencia en los negocios públicos es una condición esencial para poder pedir razón y cuenta de su gestión a las autoridades públicas y para que haya una participación activa de la sociedad civil en los procesos económicos. La transparencia aumenta la confianza y hace más pre- decible el curso de una economía que además funcione en un marco legal adecuado y plenamente respetuoso del Estado de derecho. Para velar por esta transparencia, es sumamente importante dis- poner de medios informativos libres y pluralistas que gocen de plena independencia frente a toda presión política o financiera. 2.1.5 Aumentaremos la transparencia de nuestra gestión pública mediante el desarrollo de pro- cesos y de instituciones que faciliten puntualmente información, y datos estadísticos fidedignos acerca de toda cuestión de interés público en los ámbitos económico y medioambiental a los medios informativos, la comunidad empresarial, la sociedad civil y la población, con miras a promover un diálogo entre personas bien informadas que dé respuesta a toda pregunta oportuna, lo cual es fundamental para que el proceso decisorio pueda responder a tiempo al cambio y a las necesida- des y deseos de la población. 2.1.6. La transparencia es asimismo importante para poner al descubierto y llevar ante la justicia toda forma de corrupción eventual, que socave nuestra economía o nuestra sociedad. La buena gestión es fruto de un enfoque estratégico integral y a largo plazo, que evita que los éxitos logra- dos en un campo puedan ser frustrados por deficiencias en otro.
2.1.7 Convenimos en que una de nuestras prioridades sea la de eliminar la corrupción en todas sus formas. Estudiaremos la posibilidad de adherirnos a todo convenio internacional y a otros ins- trumentos en el ámbito de la lucha contra la corrupción, al tiempo que abogaremos por su ratifi- cación, y respaldaremos su plena aplicación, particularmente de los que son fruto de la labor del Consejo de Europa y de la Organización de Cooperación y Desarrollo Económicos (OCDE). Nos felicitamos por la adopción de la Convención de las Naciones Unidas contra la corrupción y con- fiamos en su pronta firma, ratificación y entrada en vigor.
Mejora de la gestión de los recursos públicos
1.1.8 Seguiremos cooperando en orden al desarrollo de una buena estrategia de la gestión pública y compartiremos nuestra experiencia en lo que se refiere a la introducción de prácticas de gestión recomendables. La buena gestión de los recursos públicos, particularmente de la recaudación de
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impuestos, de la preparación del presupuesto y de su eficiente puesta en práctica, así como de la contratación pública, es particularmente importante a la hora de prestar servicios públicos y socia- les eficientes. Trataremos de dotar de una sólida base financiera a nuestra administración pública, a fin de seguir reforzando su eficiencia y eficacia a todos los niveles. (…)
Condiciones sociales
1.1.13 La buena gestión pública y el desarrollo sostenible suponen la adopción de políticas y siste- mas que promuevan la cohesión y la solidaridad social. Nos esforzaremos por dar a todos acceso, a un coste razonable, a servicios sociales básicos de salud, de jubilación y de enseñanza y por dar amparo suficiente a los grupos socialmente vulnerables de la población, previniendo toda forma de exclusión social. 1.1.14 Estamos decididos a adoptar medidas para mejorar la situación social, mediante la iden- tificación de los segmentos vulnerables de la sociedad a fin de prestarles ayuda, proporcionando redes de seguridad apropiadas y eficaces, reforzando los servicios sanitarios, mejorando la oferta de empleo y mediante programas de rehabilitación. (…)
2.2 Velar por un desarrollo sostenible 2.3.3 Respaldamos toda política de los Estados participantes por reducir la pobreza mediante un desarrollo sostenible, así como los programas nacionales de reducción de la pobreza de los paí- ses con economías en transición. Alentaremos a las instituciones y organizaciones internacionales que cuenten con la pericia y los recursos pertinentes a que brinden la asistencia y el asesoramiento necesarios.
IV. Decisiones del Consejo Ministerial
Decisión Nº 2/03
Lucha contra la trata de personas
El Consejo Ministerial,
Reafirmando los compromisos asumidos por los Estados participantes en lo relativo a la lucha con- tra la trata de personas, particularmente en la Decisión Nº 1 del Consejo Ministerial de Viena del año 2000, en la Decisión Nº 6 del Consejo Ministerial de Bucarest del año 2001, y en la Declara- ción Ministerial de Oporto del año 2002,
Recordando además la Decisión Nº 557 del Consejo Permanente, de 24 de julio de 2003, relativa a la aprobación de un Plan de Acción de la OSCE contra la Trata de Personas, que dota a los Esta- dos participantes de un juego global de herramientas para luchar contra la trata de personas desde una perspectiva pluridimensional, que abarca la protección de la víctima, la prevención de la trata y el enjuiciamiento de aquellos que cometan este delito o lo faciliten,
A fin de reforzar la labor de la OSCE al servicio de la lucha contra la trata de personas,
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1. Decide hacer suyo el Plan de Acción de la OSCE contra la Trata de Personas que se adjunta en anexo a la presente Decisión; y
2. Establece, bajo el patrocinio del Consejo Permanente, un mecanismo de la OSCE destinado a pres- tar asistencia a los Estados participantes en la lucha contra la trata de personas. Dicho mecanismo constará de dos piezas, mutuamente complementarias: un Representante Especial, nombrado por la Presidencia en ejercicio, y una dependencia especial creada en el seno de la Secretaría de la OSCE,
Dicho mecanismo ha sido creado para: (a) Prestar asistencia a los Estados participantes en la OSCE en orden al cumplimiento de sus com- promisos y en la plena aplicación de las recomendaciones propuestas por el Plan de Acción de la OSCE contra la Trata de Personas; (b) Asegurar la coordinación de la labor de la OSCE contra la trata de personas, entre las tres dimensiones de la Organización y en cada una de ellas en particular; (c) Fortalecer la coordinación entre las autoridades competentes de los Estados participantes y entre la OSCE y otras organizaciones pertinentes; (d) Dar mayor relieve político y público a la lucha contra la trata de personas; (e) Actuar en toda el área de la OSCE y prestar, según proceda, asistencia a los Estados partici- pantes en un espíritu de cooperación y en régimen de consulta con las autoridades competentes de todo Estado participante que la solicite para dar curso a sus compromisos en orden a la lucha contra la trata de personas; (f) Prestar y facilitar asistencia técnica y asesoramiento en el campo legislativo, así como en la for- mulación de políticas, obrando, conforme sea necesario, de consuno con otras estructuras de la OSCE activas en este campo; (g) Mantenerse en condiciones de poder prestar asesoramiento a autoridades de los ramos legis- lativo, judicial y ejecutivo de los Estados participantes y examinar con ellos la puesta en práctica del Plan de Acción de la OSCE contra la Trata de Personas, así como de todo compromiso que hayan asumido en este campo. En determinados casos que reclamen particular atención, deberá ponerse en contacto directo, conforme sea apropiado, con el Estado participante y examinar con dicho Estado la prestación de toda medida de asesoramiento o de asistencia, que sea necesaria; (h) Cooperar con los Relatores Nacionales o con todo otro órgano nacional establecido por los Estados participantes para coordinar y supervisar las actividades de las instituciones estatales en la lucha contra la trata, así como con toda organización no gubernamental de los Estados partici- pantes. Dicho mecanismo asumirá, además, la responsabilidad en el seno de la OSCE en lo rela- tivo a organizar o facilitar reuniones para el intercambio de experiencias y de información entre los coordinadores nacionales, los representantes designados por los Estados participantes, o los expertos en la lucha contra la trata de personas; (i) Cooperar y coordinar estrechamente su propia labor con la de la Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH) y otras instituciones de la OSCE, así como con el Secretario General, las estructuras pertinentes de la Secretaría y en particular con la Oficina del Coordinador de las Actividades Económicas y Medioambientales de la OSCE, la Unidad de Estra- tegia Policial, el Asesor Superior para la paridad de los sexos, así como, cuando proceda, con las operaciones de la OSCE sobre el terreno. Este mecanismo aprovechará además todo servicio peri- cial existente en dichas estructuras de la OSCE y evitará toda duplicación de tareas. Participará cuando proceda en la labor del Grupo informal de trabajo para la paridad de los sexos y de lucha contra la trata de personas;
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(j) Cooperará y coordinará su labor con todo agente internacional pertinente, como la Oficina de las Naciones Unidas contra la Droga y el Delito, el Alto Comisionado de las Naciones Unidas para los Refugiados, el Alto Comisionado de las Naciones Unidas para los Derechos Humanos, el Fondo de las Naciones Unidas para la Infancia, la Organización Internacional del Trabajo, así como con la Organización Internacional para las Migraciones, el Centro Internacional para el desarrollo de la política migratoria, la Unión Europea, el Consejo de Europa, el Equipo de Tareas del Pacto de Estabilidad contra la Trata de Personas, el Consejo de Estados del Mar Báltico, la Iniciativa Coo- perativa para Europa Sudoriental, la Interpol y la Europol;
3. Hace saber que el Representante Especial habrá de responder políticamente ante el Consejo Per- manente, al que informará con regularidad y siempre que sea oportuno. Deberá actuar de conformi- dad con lo dispuesto en la Decisión Nº 8 de la Décima Reunión del Consejo Ministerial en Oporto;
4. Pide a la Presidencia en ejercicio que nombre como Representante Especial suyo a una persona- lidad de renombre con experiencia en este campo y, conforme al procedimiento de la OSCE, tras haber consultado al respecto, por conducto del Comité Preparatorio, con los Estados participantes en lo relativo a su mandato. A fin de dar al Representante Especial cierta continuidad en el ejer- cicio de su cometido durante un período inicial de al menos dos Presidencias sucesivas, la Presi- dencia en ejercicio consultará con la próxima Presidencia entrante sobre el nombramiento, y dicha Presidencia entrante se comprometerá, en el marco de su prerrogativa, a prolongar el mandato del Representante Especial durante el plazo de su propia Presidencia, de conformidad con lo dispuesto en la Decisión Nº 8 de la Décima Reunión del Consejo Ministerial en Oporto;
5. Encomienda al Consejo Permanente que establezca la dependencia especial anteriormente men- cionada, como parte de la Secretaría de la OSCE, con personal bajo contrato o adscrito. El Represen- tante Especial podrá disponer plenamente de la capacidad de dicha dependencia para el desempeño eficaz de las tareas anteriormente señaladas;
6. Conviene en que ambas piezas de dicho mecanismo sean financiadas por los Estados participan- tes a través del Presupuesto Unificado de la OSCE, y de conformidad con el procedimiento pre- supuestario en vigor. El Comité Asesor en asuntos de Gestión y Financieros (CAGF) preparará, en consulta con la Presidencia en ejercicio y con el Secretario General, las modalidades de finan- ciación y administrativas del nuevo mecanismo, y presentará sus recomendaciones, a la aproba- ción del Consejo Permanente, a tiempo para su inclusión en el Presupuesto Unificado de la OSCE para el año 2004.
Anexo de la Decisión Nº 2/03
Plan de acción de la OSCE contra la trata de personas
I. Objetivos y finalidad del Plan de Acción
1. El presente Plan de Acción tiene por objeto dotar a los Estados participantes de un juego com- pleto de instrumentos que les ayude a poner en práctica sus compromisos de entablar la lucha con- tra la trata de personas. Su finalidad no es otra que la de dotarles de un mecanismo de seguimiento que facilite además su mutua coordinación, no sólo en el marco de las estructuras de la OSCE sino también en sus relaciones con otras organizaciones internacionales. El Plan de Acción enfoca la lucha contra la trata de personas desde una perspectiva pluridimensional, procurando dar una respuesta global al problema que va desde la prevención de la trata, a la protección de sus vícti- mas y al encausamiento penal de los autores de este delito y de aquellos que lo faciliten. Contiene recomendaciones sobre cómo deberán obrar los Estados participantes, así como toda institución
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u órgano pertinente de la OSCE, y sus operaciones sobre el terreno, al abordar los aspectos políti- cos, económicos, legales, policiales, educativos y de otra índole de este problema.
2. El Plan de Acción trata además de prestar asistencia a los Estados participantes en el empleo de dichos instrumentos valiéndose para ello de la experiencia ya adquirida, en el ámbito regional, en el curso de la aplicación de iniciativas y medidas concretas en el marco, por ejemplo, del Equipo Especial del Pacto de Estabilidad contra la trata de personas, en Europa sudoriental.
3. Todo enfoque global de la lucha contra la trata de personas deberá estar orientado hacia el impe- rativo de llevar ante la justicia a los autores o cómplices de este delito y de poner en práctica medi- das de prevención eficaces, al tiempo que se presta asistencia a las víctimas, obrando con compasión y sentido humanitario.
II. Definición de la trata de personas
El Plan de Acción está basado en la siguiente definición que se da en el artículo 3 del Protocolo para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños, que com- plementa la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional:
“Por ‘trata de personas’ se entenderá la captación, el transporte, el traslado, la acogida o la recep- ción de personas, recurriendo a la amenaza o al uso de la fuerza u otras formas de coacción, al rapto, al fraude, al engaño, al abuso de poder o de una situación de vulnerabilidad, o a la conce- sión o recepción de pagos o beneficios para obtener el consentimiento de una persona que tenga autoridad sobre otra, con fines de explotación. Esa explotación incluirá, como mínimo, la explota- ción de la prostitución ajena u otras formas de explotación sexual, los trabajos o servicios forzados, la esclavitud o las prácticas análogas a la esclavitud, la servidumbre o la extracción de órganos”.
El Consejo Ministerial de la OSCE pidió en su Decisión Nº 6 (2001) a los Estados participantes que firmaran y ratificaran la Convención de las Naciones Unidas contra la Delincuencia Organi- zada Transnacional, así como su Protocolo para prevenir, reprimir y sancionar la trata de perso- nas, especialmente mujeres y niños.
III. Investigación, vigilancia y enjuiciamiento
Los Estados participantes han asumido compromisos relacionados con la labor de investigación, vigilancia y enjuiciamiento de estos delitos en la Declaración Ministerial sobre la Trata de Per- sonas aprobada en Oporto el año 2002, en el Plan de Acción de Bucarest para la lucha contra el terrorismo de 2001, en la Decisión Ministerial Nº 6 adoptada en Bucarest el año 2001, y en la Deci- sión Ministerial relativa al fortalecimiento de los esfuerzos de la OSCE contra la trata de personas adoptada en Viena el año 2000. En dichos documentos, los Estados participantes convinieron asi- mismo en la función que incumbía a la OSCE en este campo.
Medidas recomendadas en el ámbito nacional
1. Penalización 1.1 Adoptar toda medida legislativa o de otra índole que sea necesaria para tipificar como delito toda conducta enunciada en el artículo 3 del Protocolo para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños que complementa la Convención de las Naciones Uni- das contra la Delincuencia Organizada Transnacional.
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1.2 Aprobar toda medida legislativa o de otra índole que sea necesaria para tipificar como delito: • Toda tentativa de perpetrar actos delictivos de esta índole; • Toda participación en calidad de cómplice en uno de estos actos; • Toda orden dada a otras personas para que cometan uno de estos delitos, o toda participación en su organización. 1.3 Adoptar toda medida que sea necesaria para que las personas jurídicas hayan de responder, junto a las personas naturales, de todo delito de trata en el que participen. Sin menoscabo de los principios del derecho interno, en este campo, de cada Estado participante, la responsabilidad de toda persona jurídica a este respecto podrá ser tanto penal como civil o administrativa. 1.4 Adoptar toda medida legislativa que sea requerida para imponer penas adecuadas y eficaces con- tra estos actos, incluida la pena de prisión, en las que se tenga en cuenta la gravedad de este delito. Cuando proceda, la ley deberá prever penas adicionales para toda persona culpable del delito de trata con agravantes, como sería el supuesto de la trata de niños o de todo delito cometido por el titular de un cargo público o con su complicidad. 1.5 Prever la confiscación legal de los instrumentos y del producto de todo delito de trata o conexo, destinando, cuando lo permita el derecho interno, el producto confiscado de la trata al socorro de las víctimas de dicho tráfico. Prever, cuando sea posible, el establecimiento de un fondo de indem- nización para las víctimas de la trata y destinar el producto de todo bien confiscado a la financia- ción de dicho fondo. 1.6 Velar por que todo delito o acto constitutivo de un delito de trata y todo delito conexo sean decla- rados motivo de extradición en el derecho interno y en todo tratado de extradición que se concierte. 1.7 Adoptar toda medida legislativa o de otra índole que sea necesaria para tipificar como delito todo acto de corrupción activa o pasiva del titular de un cargo público, conforme se dispone en los artículos 8 y 9 de la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional.
1.8 Velar por que las víctimas de la trata no sean llevadas ante los tribunales por el solo hecho de haber sido víctimas de la trata.
2. Respuesta de los servicios policiales y de vigilancia 2.1 Aplicar con rigor toda medida legal contra la trata o delitos conexos. 2.2 Crear cuerpos especiales para la lucha contra la trata – con personal de ambos sexos- especia- lizados en la investigación de delitos de agresión sexual o contra menores, velando además por la competencia y la integridad profesional del personal así formado. 2.3 Crear servicios especializados en la lucha contra la corrupción. 2.4 Desarrollar servicios de policía de base comunitaria, a fin de conseguir un mayor grado de con- fianza entre la policía y la población local que facilite, entre otras cosas, la obtención de informa- ción relativa a la trata y la colaboración de las víctimas en la denuncia de los delitos. 2.5 Reforzar la cooperación entre los servicios de investigación y vigilancia encargados de deter- minar el origen delictivo de todo bien o activo financiero que se sospeche sea producto de la trata. 2.6 Facilitar no sólo los recursos y la capacitación requerida para la formación de servicios espe- cializados en el análisis y procesamiento de información criminal, sino también formar a otros especialistas y dotar a los servicios de vigilancia del equipo requerido para llevar a cabo sus tareas contra la trata.
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2.7 Alentar a los investigadores y fiscales a proseguir su labor de investigación e instrucción de la causa sin depender única y exclusivamente de la prueba testimonial, y a explorar toda otra vía que evite a la víctima el deber de comparecer ante el tribunal, para prestar testimonio. Alentar a los medios informativos para que expongan claramente el problema de la trata de personas y descri- ban con realismo la situación de sus víctimas. 2.8 Tomar las oportunas medidas para que todo miembro de una misión de la OSCE, que actúe en violación del Código de Conducta o de toda otra norma aplicable a dicho personal, sea objeto de las sanciones prescritas para dichos casos, incluido todo procedimiento disciplinario o penal que sea del caso. 2.9 Reprimir con carácter prioritario todo acto de corrupción del personal local de vigilancia, y velar por la adopción de las debidas medidas penales o disciplinarias contra toda autoridad de los servicios de vigilancia que sea culpable de alguna práctica corrupta relacionada con la trata.
3 Intercambio de información y cooperación entre los servicios de vigilancia de los Estados par- ticipantes 3.1 Instituir una cooperación estrecha entre sus respectivos servicios de vigilancia, en el marco de su propio ordenamiento legal y administrativo interno, a fin de reforzar la eficacia de las medi- das de policía contra todo delito que sea objeto del presente Plan de Acción. Fomentar igualmente la cooperación y coordinación entre los cuerpos de vigilancia y de seguridad del propio Estado. 3.2 Esforzarse, en particular, por adoptar medidas eficaces que: • Fortalezcan, y de ser necesario, establezcan canales de comunicación entre los Estados participantes; • Fomenten la cooperación entre sus servicios en toda labor de indagación referente a un delito objeto del presente Plan de Acción; • Faciliten la mutua entrega, siempre que proceda, de los elementos de prueba requeridos para fines analíticos o de investigación; • Establezcan dispositivos de coordinación eficaces entre sus respectivas autoridades, agencias y servicios competentes en este campo, procurando recurrir al intercambio de personal profe- sional o pericial, y al nombramiento de oficiales de enlace en los Estados participantes interesa- dos, en el marco de acuerdos o arreglos bilaterales; • Faciliten el intercambio de información sobre los medios y métodos utilizados por los grupos delictivos organizados, entregando datos, cuando proceda, sobre las rutas y medios de trans- porte y sobre el empleo de identidades falsas y de documentos alterados o falsificados o de todo otro medio que sirva para la ocultación de estas actividades; • Sirvan para coordinar toda medida administrativa o de otra índole que se estime apropiada para la pronta detección e imputación de todo delito previsto por el presente Plan de Acción. 3.3 Concertar acuerdos de cooperación bilaterales y multilaterales entre servicios nacionales de vigilancia para el intercambio de información. 3.4 Colaborar en la definición de normas comunes para la recogida de datos estadísticos.
4. Medidas de asistencia y amparo para los testigos y víctimas que hayan de comparecer ante la justicia penal 4.1 Adoptar medidas adecuadas, particularmente legales, en el marco de las posibilidades de cada Estado participante, para amparar debidamente a todo testigo que haya de deponer en un jui- cio por algún delito previsto en el presente Plan de Acción, contra toda medida de intimidación o represalia de la que pueda ser víctima, así como a todo familiar o persona de su entorno que pudiera verse afectada.
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4.2 Alertar a las autoridades y funcionarios de los servicios de vigilancia sobre su responsabilidad en lo relativo a la seguridad y el bienestar inmediato de toda víctima de la trata. 4.3 Amparar la confidencialidad de ciertos datos y el derecho de toda víctima a su intimidad, lo que deberá ya hacerse al recogerse y analizarse dichos datos. 4.4 Facilitar la participación de la víctima como testigo en la instrucción de la causa y en la vista oral o en toda otra actuación penal que sea del caso, ofreciéndole la posibilidad de reubicación como forma eventual de protección de testigos en estos procesos. 4.5 Facilitar asistencia letrada a toda víctima que haya de decidir si presta o no testimonio ante los tribunales. 4.6 Permitir que las ONG presten asistencia a las víctimas en sus actuaciones ante los tribunales, de no ser ello contrario al derecho interno del país.
5. Capacitación 5.1 Impartir formación en los diversos aspectos de la trata de personas a los agentes de los servi- cios de vigilancia fronteriza y policiales, así como a los jueces, fiscales, personal de los servicios de migración y a todo otro agente público que intervenga en esta esfera, y mejorar esa formación cuando proceda. 5.2 Dichos programas de capacitación deberán prestar particular atención a toda cuestión de dere- chos humanos, de menores o que entrañe consideraciones de género, alentando a este respecto la colaboración con las organizaciones no gubernamentales y otras entidades pertinentes, así como con elementos de la sociedad civil.
6. Medidas fronterizas 6.1 Considerar la posible adopción de medidas que permitan, con arreglo al derecho interno, dene- gar la entrada, revocar el visado, o detener provisionalmente a toda persona implicada en algún delito de trata tipificado con arreglo a derecho. 6.2 Considerar la posibilidad de reforzar la cooperación entre los servicios fronterizos mediante, por ejemplo, la apertura de vías de comunicación directa entre dichos servicios.
7. Documentación para fines de control y seguridad 7.1 Adoptar, dentro de lo posible, toda medida que sea necesaria para conseguir que los documen- tos de identidad y de viaje, emitidos por un Estado participante o en su nombre, sean de una cali- dad que no se preste a su falsificación o utilización indebida ni a su reproducción o emisión ilícita.
8. Legitimidad y validez de los documentos en uso 8.1 A solicitud de todo otro Estado participante y de conformidad con su propio derecho interno, verificar en un plazo razonable la legitimidad y validez de todo documento de identidad o de viaje supuestamente emitido por las autoridades del propio Estado, o en su nombre, siempre que exista un motivo razonable para sospechar que dicho documento esté siendo empleado para la trata de personas. Medidas que cabe esperar de las Instituciones y otros órganos de la OSCE
9. Asistencia en orden a la revisión y reforma del marco legal 9.1 La OIDDH y, siempre que proceda, las operaciones de la OSCE sobre el terreno seguirán pro- moviendo toda labor de reforma o revisión del marco legal destinada a adaptarlo a las normas internacionalmente aceptadas en este campo.
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9.2 La OSCE seguirá desarrollando su colaboración con otros socios y organizaciones internacio- nales pertinentes.
10. Respuesta de los servicios policiales y de vigilancia 10.1 La Unidad de Estrategia Policial seguirá promoviendo el recurso a servicios de policía de base comunitaria. 10.2 La Unidad de Estrategia Policial y la Oficina del Coordinador de las actividades económicas y medioambientales de la OSCE (OCAEM) facilitará el intercambio de información entre los Esta- dos participantes sobre prácticas recomendadas para la investigación de todo activo financiero que se sospeche que pueda ser producto de la trata o de algún delito conexo. 10.3 La Oficina del Coordinador de las actividades económicas y medioambientales de la OSCE seguirá colaborando con la Oficina de las Naciones Unidas contra la Droga y el Delito y con el Pro- grama mundial de Naciones Unidas contra la delincuencia organizada transnacional en la lucha contra el blanqueo de dinero, y se valdrá de sus contactos para promover la organización de cur- sos prácticos contra el blanqueo de dinero en todo Estado participante interesado. 10.4 Como parte de su labor de asistencia en el desarrollo de servicios nacionales de asesoramiento y consulta, la OIDDH seguirá promoviendo y alentando la colaboración entre los servicios de vigi- lancia y la sociedad civil.
11. Respuesta disciplinaria 11.1 La Oficina de Supervisión Interna deberá formar un expediente sobre la investigación de todo delito relacionado con la trata de personas que haya sido imputado a un miembro de misión, así como sobre toda medida que se adopte a raíz de ello. Se pedirá al Secretario General que informe con regularidad al Consejo Permanente de toda medida que se haya adoptado, en aplicación de la normativa en vigor, frente a toda supuesta violación del Código de Conducta, al tiempo que se respeta el derecho a la intimidad de todo supuesto delincuente.
12. Capacitación 12.1 La OIDDH y la Unidad de Estrategia Policial seguirán preparando material docente para el personal de los servicios de vigilancia que haya de intervenir en la investigación de delitos de trata o sexuales, entablarán consultas con la Academia Internacional de Servicios de Vigilancia, sita en Budapest, sobre la posibilidad de incorporar dichas materias a su programa de estudios, buscarán al personal instructor para impartir cursos de esta índole, y facilitarán la financiación de dichos cursos para el personal de los servicios de vigilancia de los Estados participantes en la OSCE. 12.2 Si bien ciertas entidades internacionales asociadas, tales como el Centro Internacional para la Formulación de una Política Migratoria y la Organización Internacional para las Migraciones imparten formación policial básica sobre cómo se ha de actuar frente a toda denuncia en materia de trata, y algunas otras entidades, como el Programa de las Naciones Unidas para el Desarrollo, imparten cursos de formación avanzada, quedan ciertas lagunas por atender sobre cómo respon- der a determinados aspectos de la delincuencia sexual, particularmente en lo relativo a los abu- sos deshonestos perpetrados contra menores. La Unidad de Estrategia Policial impartirá cursos de capacitación al respecto en colaboración con el Fondo de las Naciones Unidas para la Infancia y otras organizaciones pertinentes.
13. Documentación para fines de control y seguridad 13.1 Los órganos pertinentes de la OSCE, particularmente la Unidad de Acción contra el Terro- rismo, seguirán organizando cursos prácticos centrados en técnicas de detección de documentos utilizados ilícitamente para la trata de personas, particularmente los utilizados para la entrada
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ilícita en el país de las víctimas de la trata, al tiempo que se mejoran las técnicas de entrevistar que se utilizan para detectar este tipo de delitos. En estos cursos prácticos se estudiarán además medidas para amparar la libertad de desplazamiento transfronterizo de las personas, en el marco de los compromisos pertinentes de la OSCE.
IV. Los Estados participantes asumieron compromisos relativos a la prevención de la trata en la Declaración Ministerial sobre la trata de personas aprobada en Oporto en el año 2002, así como en la Decisión Nº 426 del Consejo Permanente de 2001, en la Decisión Ministerial sobre el forta- lecimiento de los esfuerzos de la OSCE para luchar contra la trata de seres humanos adoptada en Viena en el año 2000, en el Plan de Acción de la OSCE para la equiparación del personal de ambos sexos, aprobado por el Consejo Permanente en el año 2000, y en la Carta para la Seguridad Euro- pea, aprobada en Estambul en el año 1999, y anteriormente en el Documento de la Reunión de Moscú de la Conferencia sobre la Dimensión Humana de la CSCE aprobado en Moscú en el año 1991, y en el Acta Final de la Conferencia sobre la Seguridad y la Cooperación en Europa, apro- bada en Helsinki en 1975. En estos documentos los Estados participantes convinieron asimismo en cuál había de ser el cometido que incumbía a la OSCE en este campo.
Medidas recomendadas en el ámbito nacional
1. Labor de investigación y recogida de datos 1.1 Recogida de datos relativos a las víctimas de la trata, desglosados por mujeres, hombres y meno- res, y mejora de los métodos de investigación y análisis de la índole y escala de la trata de personas y de los mecanismos de que se valen los grupos delictivos organizados para la trata y explotación de personas, a fin de formular medidas de prevención de la trata bien definidas y eficaces. Intensi- ficar la labor de investigación y de intercambio de información sobre la trata de menores. 1.2 Identificar a los segmentos más vulnerables de la población y preparar campañas de alerta social particularmente destinadas a dichos segmentos de la población. 1.3 Analizar en profundidad las causas que subyacen a la trata de personas, y los factores que ali- mentan la oferta y la demanda de estos servicios, así como las redes y repercusiones económicas, de la trata y sus vínculos con la migración ilegal.
2. Medidas fronterizas 2.1 Sin menoscabo de ningún compromiso internacional concertado respecto de la libre circula- ción de personas, fortalecer, en lo posible, los controles fronterizos conforme sean necesario para prevenir y detectar la trata de personas. 2.2 Adoptar toda medida legal o de otra índole que proceda para evitar, en lo posible, la utiliza- ción de líneas de transporte comerciales para actos u operaciones que hayan sido definidos como delitos de trata. 2.3 Donde proceda y a reserva de todo convenio internacional aplicable, se deberá obligar a los porteadores comerciales, incluida toda empresa propietaria o explotadora de medios de transporte, a que se cercioren de que todos los pasajeros están en posesión de títulos de viaje válidos. Sancionar, conforme sea necesario y con arreglo al derecho interno, toda violación o infracción a este respecto.
3. Políticas económicas y sociales destinadas a cercenar las raíces de la trata 3.1 En los países de origen: • Asignar prioridad al fomento de la estabilidad económico-social y política, así como a la reduc- ción de las migraciones motivadas por condiciones de extrema pobreza y otros factores que
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alimentan la trata de personas. Dicha política deberá promover además el desarrollo económico y la integración social de las personas pertenecientes a grupos marginados; • Facilitar el acceso de la población menor de edad a centros educativos y de formación profesio- nal e incrementar la tasa de escolaridad, prestando particular atención a las niñas y a los meno- res pertenecientes a grupos minoritarios; • Mejorar las oportunidades de trabajo para la mujer creando condiciones comerciales propi- cias para la pequeña y mediana empresa. Organizar cursos de capacitación para personal de la pequeña y mediana empresa, dirigidos en particular a los grupos de mayor riesgo social.
3.2 En los países de destino: • Adoptar medidas que reduzcan “la invisibilidad de la trata”. Contribuiría notablemente a este objetivo la creación de un programa de supervisión pluriinstitucional, con controles adminis- trativos y servicios de recogida de datos en el mercado laboral, así como, si procede, en los cen- tros dedicados al comercio del sexo; • Considerar la posibilidad de que se liberalice el mercado laboral a fin de incrementar las opor- tunidades de empleo para trabajadores de diversos ramos y especialidades; • Resolver el problema de la mano de obra no regularizada, sin seguridad social y a menudo ile- gal con miras a lograr un equilibrio entre la demanda de mano de obra barata y la capacidad de regularizar el curso de los movimientos migratorios; • Atajar la economía sumergida que debilita la competitividad del resto de la economía y favo- rece el tráfico ilegal de migrantes.
3.3 Tanto en los países de origen como en los países de destino: • Adoptar medidas para elevar el nivel de la seguridad social y crear oportunidades de empleo para todos; • Adoptar medidas apropiadas para eliminar toda discriminación contra la mujer en el empleo a fin de garantizar, en función de la igualdad de género, la igualdad de remuneración por tra- bajos iguales y la igualdad de oportunidades de empleo; • Eliminar todas las formas de discriminación contra las minorías; • Desarrollar programas que ofrezcan oportunidades para ganarse la vida mediante la elimina- ción del analfabetismo, la mejora de la educación básica, la difusión de las técnicas de comuni- cación y de otra índole, y la reducción de toda barrera que obstaculice el desarrollo del espíritu empresarial; • Alertar contra las desigualdades de género y fomentar mediante la educación unas relaciones basadas en la mutua igualdad y respeto entre el personal de ambos sexos que contribuyan a pre- venir la violencia contra la mujer; • Introducir políticas que den acceso a la mujer al control de los recursos económicos y financie- ros en condiciones de igualdad con el hombre; • Promover técnicas de financiación flexible que faciliten créditos, y particularmente micro cré- ditos, de bajo interés; • Fomentar las técnicas de buena gestión y la transparencia de las operaciones económicas; • Adoptar medidas legales, educativas, sociales, culturales o de otra índole, y fortalecer las exis- tentes, al tiempo que se promulgan, donde proceda, leyes penales que disuadan, recurriendo a la cooperación bilateral y multilateral, la demanda de servicios que favorecen la explotación de la persona, particularmente mujeres y niños, haciéndoles caer víctimas de la trata.
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4. Campañas de alerta social 4.1 Emprender, en colaboración con la sociedad civil y las ONG, campañas de información para alertar a la opinión pública contra la trata de personas en todas sus formas, dando a conocer los métodos utilizados por los tratantes y los riesgos que amenazan a las víctimas. 4.2 Alertar a las autoridades de inmigración y al personal consular y diplomático ante el problema de la trata a fin de que su conocimiento de este problema les pueda orientar en sus contactos coti- dianos con víctimas potenciales de este comercio. 4.3 Alentar a las embajadas nacionales a divulgar información sobre la normativa legal del país de destino en materia de derecho familiar, derecho del trabajo y leyes de inmigración que puedan interesar a todo migrante eventual, colaborando al respecto con las ONG. 4.4 Alertar ante el problema de la trata a todo otro grupo profesional potencialmente interesado, particularmente a los legisladores, al personal de los servicios de vigilancia, y a otros profesiona- les como el personal médico y de los servicios sociales y de empleo, así como al sector privado, a fin de estimularles a responder adecuadamente a este problema y a reforzar su capacidad insti- tucional para resolverlo. 4.5 Alentar a las secciones consulares y de visados de las misiones diplomáticas a valerse de docu- mentos impresos y otros dispositivos en su labor con personas vulnerables. 4.6 Campañas de alerta social y pública Alentar a los medios informativos para que expongan cla- ramente el problema de la trata de personas y describan con realismo la situación de sus víctimas. Para optimizar su impacto público, dichas campañas deberán llevarse a cabo en colaboración con profesionales de los medios informativos. 4.7 Dirigir las campañas de alerta social a los grupos más vulnerables de la sociedad, particular- mente a personas pertenecientes a minorías nacionales, niños, migrantes y personas desplazadas en el interior del propio país. 4.8 Hacer que dichas campañas lleguen igualmente a la población de aldeas o lugares de escasa importancia, cuya población pudiera estar particularmente expuesta a riesgo. 4.9 Trabajar al respecto en las escuelas y en las universidades, así como en contacto directo con las familias, a fin de alertar a los más jóvenes contra el riesgo de la trata. 4.10 Plantear, también con el auxilio de los medios informativos, la necesidad de reducir la demanda de los servicios de víctimas de la trata para fines de explotación sexual, trabajos forzosos, esclavi- tud u otras prácticas similares a la esclavitud, y fomentar la adopción de una política de toleran- cia cero hacia todas las formas de la trata de personas. 4.11 Establecer líneas o teléfonos directos, anunciados en los medios informativos, en los países de origen, de tránsito y de destino que cumplan tres funciones: la de fuente de asesoramiento y orien- tación independiente para posibles víctimas que estén tal vez buscando empleo en el extranjero; la de vía inicial de acceso de las víctimas potenciales para ponerse en contacto con los servicios de con- sulta; y la de vía para la denuncia anónima de todo delito flagrante o presunto de trata de personas.
5. Medidas legislativas 5.1 Reformar o revisar la normativa legal y los procedimientos y controles administrativos para la concesión de licencias a sectores comerciales que puedan estar, al decir de los servicios de informa- ción, implicados en la trata, tales como las agencias de empleo y de viajes, las agencias de adopción y las agencias matrimoniales por correo, así como los hoteles y los denominados servicios de acom- pañante, haciendo que dichas normas y prácticas sean igualmente aplicables a su funcionamiento.
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5.2 Velar para que toda medida adoptada para prevenir y luchar contra la trata de personas no menoscabe en modo alguno ningún derecho inherente a la dignidad de la persona, incluida su libertad de desplazamiento.
Medidas que cabe esperar de las Instituciones y otros órganos de la OSCE
6. Labor de investigación y recogida de datos 6.1 Favorecer la labor de investigación y de recogida de datos sobre víctimas de la trata, particular- mente de la trata de menores, aprovechando toda investigación ya efectuada e intercambiando datos con el Fondo de las Naciones Unidas para la Infancia y otras entidades que trabajan en este campo. 6.2 Encomendar al Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti que siga recogiendo datos sobre la trata de personas, particularmente niños, y sobre su impacto en dichas comunidades.
7. Cercenando las raíces de la trata 7.1 La OCAEM podrá servir de intermediario informándose sobre las prácticas recomendadas para la verificación de la autenticidad o legitimidad de una empresa y distribuyendo esa información entre los Estados participantes o a través de las operaciones de la OSCE sobre el terreno. Enco- mienda a la OIDDH que preste, cuando proceda, asistencia técnica a los Estados participantes en su elaboración de planes de acción nacionales contra la trata, facilitando incluso asesoramiento legislativo y de otra índole con miras a elevar la eficiencia de la prevención y lucha contra la trata y de la protección de sus víctimas. 7.2 La OCAEM seguirá promoviendo cursos de capacitación para la pequeña y mediana empresa orientados principalmente hacia los grupos de mayor riesgo, prestando además asistencia en la prepa- ración de leyes destinadas a reducir obstáculos para el desarrollo de pequeñas y medianas empresas. 7.3 La OCAEM debe preparar programas para resolver los factores económicos que elevan la vul- nerabilidad a la trata de las mujeres y de personas pertenecientes a minorías, prestando particu- lar atención a todo supuesto de discriminación en el lugar de trabajo o de dificultad de acceso al crédito financiero.
8. Campañas de alerta social 8.1 La OIDDH y, siempre que proceda, las operaciones sobre el terreno, seguirán contribuyendo a la labor de investigación, así como al fomento y organización de campañas de alerta social en esta esfera en colaboración con otras entidades pertinentes activas en algún lugar de la región de la OSCE. 8.2 La Sección de Prensa e Información Pública seguirá informando a los medios informativos sobre las actividades de la OSCE contra la trata de personas. El Representante de la OSCE para la Libertad de los Medios de Comunicación intensificará su labor formativa, en colaboración con la OIDDH, sobre la responsabilidad de los medios informativos en la presentación del tema de la trata con la debida delicadeza y sin insistir en estereotipos negativos. Esa labor formativa pres- tará particular atención a la complejidad del problema de la trata y a la necesidad de dar una res- puesta global a este problema. 8.3 Con miras a evitar que el personal de las operaciones sobre el terreno de la OSCE intervenga en la trata de personas o la facilite a sabiendas de algún modo, y a fin de que se observen plena- mente las normas que se enuncian en la parte 4 del Código de Conducta de la OSCE, que forma parte del Estatuto del Personal, el Secretario General preparará un juego de instrucciones com- pleto para el personal que será presentado, para su examen, al Consejo Permanente, no más tarde del 15 de noviembre de 2003.
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8.4 Además de supervisar el cumplimiento de los compromisos, contraídos por los Estados parti- cipantes en el seno de la OSCE, por medio de los dispositivos existentes en la Organización, entre ellos la Reunión anual de Aplicación de la Dimensión Humana, las conferencias de examen y otros actos de particular relieve dedicados a la dimensión humana, El Consejo Permanente recomienda que se tomen las siguientes medidas a nivel nacional: Los jefes de operaciones de la OSCE sobre el terreno deberán hacer que la asistencia a dichos cursos sea obligatoria para todo su personal. 8.5 La OCAEM ayudará a movilizar y fortalecer la labor del sector privado contra la trata de per- sonas mediante campañas de divulgación, así como informándose de las prácticas recomendadas en esta esfera, para darlas a conocer, insistiendo en particular en la observancia de los códigos de conducta y de las prácticas autorreguladoras y otras directrices normativas aplicables.
V. Protección y asistencia
Los compromisos de la OSCE en materia de protección y asistencia a las víctimas de la trata de personas fueron asumidos en el marco de la Declaración Ministerial sobre la Trata de Personas aprobada en Oporto en el año 2002, así como en la Decisión Ministerial Nº 6 adoptada en Buca- rest en el año 2001, en la Decisión Ministerial Nº 1 adoptada en Viena en el año 2000, y en la Carta sobre la Seguridad Europea aprobada en Estambul en el año 1999. Medidas recomendadas en el ámbito nacional
1. Labor de investigación y recogida de datos 1.1 Recoger datos mediante el análisis y el intercambio de información sobre prácticas recomen- dadas y otras medidas de protección y asistencia eficaz a las víctimas de la trata, que se estén apli- cando en Estados participantes de la OSCE.
2. Medidas legislativas 2.1 Examinar la necesidad de promulgar nuevas leyes relativas a la asistencia y protección que se ha de dar a las víctimas de la trata, particularmente durante la instrucción de la causa y las actua- ciones ante el tribunal. 2.2 Ratificar, o dar su adhesión, y poner plenamente en práctica el Protocolo para prevenir, repri- mir y sancionar la trata de personas, especialmente mujeres y niños, que complementa a la Con- vención de las Naciones Unidas contra la Delincuencia Organizada Transnacional.
3. Servicio nacional de consulta (NRM).* 3.1 Crear servicios nacionales de consulta como parte de un marco cooperativo transnacional en el que los Estados participantes cumplan con su obligación de amparar y promover los derechos humanos de las víctimas de la trata en coordinación y asociación estratégica con entidades de la sociedad civil local y otros agentes que intervengan en este campo. 3.2 Impartir orientación que facilite la identificación y el tratamiento adecuado de toda víctima de la trata, por métodos que respeten la dignidad y los pareceres personales de la víctima. 3.3 Combinar la labor de los servicios de vigilancia, así como de todo servicio especializado o de ámbito local destinado a la lucha contra la trata, así como del personal de los servicios de migra- ción y fronterizos, de las dependencias de protección social, de las instituciones médicas y de las
* El documento de la ODIHR [National Referral Mechanisms: A Practical Handbook] puede ser una fuente útil de asesoramiento e información sobre el papel de los MNDs en la prestación de asistencia y protección a las vícti- mas de trata).
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ONG y otras entidades de la sociedad civil, por tratarse de los principales órganos o servicios que deberían participar en las actividades de estos centros. 3.4 Establecer servicios apropiados que permitan armonizar la asistencia prestada a las víctimas con la labor de investigación y de instrucción de la causa penal. 3.5 Señalar a la atención pública la necesidad de una cooperación más estrecha entre la policía y las ONG en orden a la identificación, amparo y asesoramiento de las víctimas de la trata. 3.6 Vincular las actividades de estos servicios nacionales de consulta con las de los órganos inter- ministeriales, de coordinación nacional y de las ONG y otras entidades nacionales competentes en este campo para formar un equipo transsectorial y multidisciplinario que sea capaz de favorecer y supervisar la puesta en práctica de la política que se adopte contra la trata.
4. Albergues 4.1 Establecer albergues, administrados por autoridades públicas o por las ONG u otras entida- des de la sociedad civil, que atiendan a las necesidades de las víctimas de la trata. Estos albergues deberán ofrecer a las víctimas un lugar de amparo, así como acceso a asesoramiento independiente en un idioma que la víctima conozca, y que presten primeros auxilios médicos, dando además a la víctima una oportunidad de recapacitar sobre lo sucedido, tras el trauma que haya podido sufrir. Cabe aprovechar para dichos fines las instalaciones y servicios ya existentes de socorro a mujeres en situaciones difíciles. 4.2 Proporcionar a todas las víctimas de la trata acceso a dichos centros de acogida, independien- temente de que estén o no dispuestas a cooperar con las autoridades en sus investigaciones. 4.3 Prestar especial atención a velar por la seguridad del personal de tales centros de acogida, el carácter secreto de la información obtenida, y la seguridad y privacidad de las víctimas de la trata. 4.4 Utilizar dichos albergues para ofrecer oportunidades de capacitación a las víctimas de la trata que faciliten su reinserción social, empleo y futura independencia, y que mejoren su competitivi- dad laboral con posterioridad a la experiencia traumática que hayan vivido.
5. Documentación 5.1 Velar por que, cuando sea necesario, se dote de documentación a la víctima, como primera medida para dilucidar su identidad y situación en los países de destino, allanando así el camino para encontrar la modalidad de asistencia que más convenga en cada caso, tales como la repatria- ción, preferiblemente voluntaria, la concesión de un permiso de residencia temporal o definitivo, y/o la regularización de su situación laboral. 5.2 Mejorar la cooperación entre los servicios de vigilancia y de seguridad en los países de origen, de tránsito y de destino, y el personal competente de todas las instituciones encargadas de ampa- rar los derechos de las víctimas de la trata, entre ellos el personal de las embajadas y los consula- dos de los Estados participantes, a fin de facilitar una verificación rápida de los datos personales y evitar demoras indebidas o excesivas. 5.3 Informar a toda persona identificada como víctima de la trata de su derecho de acceso a los representantes diplomáticos y consulares de su país de origen.
6. Prestación de servicios de asistencia social 6.1 Elaborar programas de asistencia y reinserción social, que incluyan asistencia letrada en un idioma que hable la víctima, asistencia médica y sicológica y acceso a servicios sanitarios, ya sea en los propios centros de acogida o en otras instituciones que sean del caso.
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6.2 Estudiar la posibilidad de adoptar, cuando no sea incompatible con el derecho interno, medidas legales que permitan destinar el producto de los bienes confiscados para complementar la finan- ciación pública de programas destinados a satisfacer las necesidades de las víctimas de la trata y a indemnizarlas en función de la gravedad del delito del que hayan sido víctimas.
7. Repatriación, rehabilitación y reinserción 7.1 Prestar asistencia a las víctimas de la trata en su repatriación (preferiblemente) voluntaria a su país de origen, prestando particular atención a su seguridad y la de sus familias, y evitando toda demora indebida o excesiva. 7.2 Velar por que todos los trámites de retorno o traslado de las víctimas se efectúan con arreglo a derecho, procurando darles un trato humanitario y compasivo. 7.3 Estudiar la posibilidad de contribuir a la rehabilitación y reinserción social de las víctimas de la trata, mediante prestaciones sociales y económicas. 7.4 Alertar a los medios informativos acerca de la necesidad de salvaguardar el derecho a la inti- midad de las víctimas, evitando hacer pública su identidad o publicar datos confidenciales que supongan un riesgo para la seguridad de las víctimas o entorpezcan el curso de la justicia penal.
8. Concesión de un plazo para recapacitar sobre lo sucedido y de permisos de residencia tempo- rales o definitivos 8.1 Prever un plazo de recapacitación para que la víctima disponga de tiempo para decidir si pre- sentará o no testimonio. 8.2 Estudiar, respecto de cada caso, si procede o no conceder un permiso de residencia temporal o definitivo, teniendo en cuenta factores tales como el riesgo potencial para la seguridad de la víctima. 8.3 Estudiar, cuando proceda, la posibilidad de conceder permisos de trabajo a las víctimas de la trata durante su estancia en el país de acogida.
9. Salvaguardar el derecho de asilo 9.1 Velar por que las leyes, políticas, programas e intervenciones contra la trata de personas no menoscaben el derecho de toda persona, incluidas las víctimas de la trata, a pedir y recibir asilo si son perseguidas, de conformidad con las prácticas del derecho internacional de los refugiados, y en especial mediante una aplicación efectiva del principio de que el refugiado no debe ser reexpedido.
10. Protección de menores 10.1 Velar por que se tengan plenamente en cuenta las necesidades especiales de la infancia y actuar en interés del menor al tomar decisiones respecto del alojamiento, la enseñanza o el cuidado que le sea debido. Siempre que proceda, si no existe ningún riesgo directo para la seguridad del menor, se le dará acceso al sistema educativo público. 10.2 Sólo se decidirá la repatriación de un menor que haya sido víctima de la trata tras conside- rar todas las circunstancias del caso, y si existen familiares o instituciones especiales en el país de origen que garanticen la seguridad, la protección, la reinserción y la rehabilitación del menor. 10.3 Tener presentes las precauciones enunciadas en las directrices del Alto Comisionado de las Naciones Unidas para los Refugiados para la protección de los menores sin acompañante al ela- borar políticas destinadas a este grupo vulnerable de la población, y especialmente a aquellos que no posean documentos de identidad. 10.4 Utilización de acuerdos bilaterales y/o multilaterales sobre principios fundamentales de acogida debida de niños sin acompañante, a fin de aunar las iniciativas encaminadas a la protección del niño.
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10.5 Adhesión, ratificación, y plena aplicación del Protocolo facultativo de la Convención sobre los Derechos del Niño relativo a la venta de niños, la prostitución infantil y la utilización de niños en la pornografía.
Medidas que cabe esperar de las Instituciones y otros órganos de la OSCE
11. Servicio nacional de consulta 11.1 Incrementar las actividades de la OSCE, especialmente de la OIDDH, para prestar asisten- cia a los Estados participantes que lo soliciten a fin de establecer un servicio nacional de consulta. 11.2 Encomendar a la Unidad de Estrategia Policial de la OSCE que siga preparando, conjunta- mente con la OIDDH, unas directrices o un manual para la identificación de presuntas víctimas o la detección de indicios reveladores de la trata de personas, como instrumento auxiliar al servi- cio de los Estados participantes.
12. Reinserción 12.1 El Coordinador de las Actividades Económicas y Medioambientales de la OSCE facilitará los contactos entre entidades públicas y privadas, con miras a alentar al sector empresarial a ofrecer oportunidades de empleo a las víctimas de la trata.
13. Protección de menores 13.1 En conjunto, la OSCE prestará especial atención a la cuestión de la trata de menores, y a la mayor vulnerabilidad de los niños que viajan sin acompañante. Debe fomentarse la cooperación con entidades internacionales especializadas, particularmente el Fondo de las Naciones Unidas para la Infancia y las ONG internacionales pertinentes, así como la organización de reuniones de exper- tos, labores de investigación, y la preparación de directrices que promuevan los intereses del niño.
14. Capacitación 14.1 Encomendar al Coordinador de Capacitación, al Asesor sobre cuestiones de equiparación de hombres y mujeres y al Coordinador Superior de Seguridad de la OSCE que elaboren, en coope- ración con la OIDDH, material informativo sobre la manera de prestar auxilio a las víctimas de la trata, especialmente menores, obrando en dicho cometido a instancia tanto de particulares como de entidades estatales y no gubernamentales, y que impartan capacitación al respecto al perso- nal de misión de la OSCE. Cabría también difundir dicho material informativo entre el personal militar, de mantenimiento de la paz y demás personal internacional desplegado sobre el terreno. 14.2 Encomendar a la OIDDH que recabe y difunda información relativa a las medidas de toda índole, documentación y programas de capacitación que se estén utilizando ya en los Estados par- ticipantes.
15. Medidas legislativas 15.1 En coordinación con la Oficina de las Naciones Unidas contra la Droga y el Delito, el Consejo de Europa y otros agentes que sean del caso, la OIDDH seguirá prestando asistencia a los Esta- dos participantes que lo soliciten para armonizar sus leyes nacionales con las normas y directi- vas internacionales, en particular mediante el fomento de un trato humanitario y compasivo para con las víctimas de la trata.
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VI. Mecanismos de coordinación y seguimiento
Además de supervisar el cumplimiento de los compromisos, contraídos por los Estados partici- pantes en el seno de la OSCE, por medio de los dispositivos existentes en la Organización, entre ellos la Reunión anual de Aplicación de la Dimensión Humana, las conferencias de examen y otros actos de particular relieve dedicados a la dimensión humana, El Consejo Permanente recomienda que se tomen las siguientes medidas a nivel nacional:
1. Estudiar la posibilidad de nombrar un órgano u otra entidad supervisora nacional para que supervise las actividades de lucha contra la trata de las instituciones públicas, así como la aplica- ción del derecho interno en dicho campo;
2. Estudiar la posibilidad de crear comisiones (equipos especiales) contra la trata u otros órganos análogos que se encargarían de coordinar las actividades estatales y de las ONG en el interior de cada país, así como de elaborar medidas destinadas a prevenir la trata de personas, sancionar a los culpables de estos delitos, y amparar a sus víctimas;
3. Mejorar la cooperación entre las entidades estatales y las ONG nacionales dedicadas a prestar protección y ayuda a las víctimas de la trata, amparar a la mujer y la infancia contra la violencia, promover la equiparación laboral de hombres y mujeres y denunciar toda violación de los dere- chos humanos;
Además, el Consejo Permanente:
4. Encomienda a la Presidencia que organice debates dedicados al seguimiento de este Plan de Acción, ampliando, si es preciso, las estructuras existentes, y que estudie si es necesario crear un nuevo mecanismo con miras a reforzar las actividades de la OSCE contra la trata de personas, dotando a la Organización de mayor visibilidad política y asignándole una función importante en este ámbito, al tiempo que se mejora la coordinación entre las tres dimensiones de la OSCE;
5. Encomienda a las estructuras pertinentes de la OSCE que organicen y promuevan en Viena reuniones anuales de representantes, expertos o coordinadores nacionales en este campo a fin de que supervisen el proceso de aplicación del presente Plan de Acción de la OSCE. Ello les dará oca- sión para crear redes, intercambiar información, y definir prioridades para su mutua cooperación;
6. Insta a que se establezca una estrecha interacción entre la Secretaría de la OSCE, sus institu- ciones y sus operaciones sobre el terreno, con miras a ayudar, siempre que proceda, a los Estados participantes en la puesta en práctica del presente Plan de Acción;
7. Encomienda a la OIDDH que preste, cuando proceda, asistencia técnica a los Estados partici- pantes en su elaboración de planes de acción nacionales contra la trata, facilitando incluso aseso- ramiento legislativo y de otra índole con miras a elevar la eficiencia de la prevención y lucha contra la trata y de la protección de sus víctimas;
8. Encomienda a las instituciones y demás órganos de la OSCE que intensifiquen y regularicen sus intercambios de información, así como su labor conjunta de recogida de datos e investigación, con otras organizaciones internacionales que sean del caso;
9. Encomienda a la OIDDH que siga ampliando su función de centro de enlace y foro para el inter- cambio de información, documentación y prácticas idóneas, y que intensifique su labor en este campo.
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Decisión Nº 3/03
Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE
El Consejo Ministerial,
Asumiendo su compromiso de respetar los derechos humanos y las libertades fundamentales de toda persona, sin distinción adversa alguna, ya sea por motivo de raza, color, sexo, idioma, reli- gión o creencia, opinión política o de otra índole, origen nacional o social, o por motivo de riqueza, nacimiento o cualquier otra consideración,
Apoyando la adopción y la aplicación de una normativa legal de carácter global contra la discri- minación que promueva la plena igualdad de oportunidades para todos,
Consciente de las dificultades especiales que ha de afrontar la población romaní y sinti y de la necesidad de tomar medidas eficaces que eliminen toda discriminación contra ella y pongan a su alcance la igualdad de oportunidades, conforme a los compromisos contraídos en la OSCE,
Reconociendo lo ya conseguido en el derecho interno y en los programas de acción de muchos paí- ses, y la importante labor ya efectuada por los Estados participantes con dicho fin,
Consciente, al mismo tiempo, de que se necesita aún una actuación firme y decidida para mejorar la situación de la población romaní y sinti en toda la región de la OSCE,
Tomando nota de la gran diversidad cultural, lingüística e histórica de la población romaní y sinti extendida por el área de la OSCE, así como de la diversidad de las tradiciones y estructuras nacio- nales que conviven en dicha área,
Tomando nota del resultado de las últimas e importantes conferencias e iniciativas, de rango estatal y no gubernamental, dedicadas a la población romaní y sinti en Europa, entre las que cabe citar la inauguración de un Decenio para la Integración Romaní, así como la posible creación de un Foro europeo de romaníes y grupos afines,
Convencido de que la población romaní y sinti debe asumir en creciente medida su responsabili- dad respecto de toda política que se ocupe de su destino,
Decide hacer suyo el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE, aprobado por el Consejo Permanente en su Decisión Nº 566 de 27 de noviembre de 2003, adjunto a la presente Decisión.
Anexo de la Decisión Nº 3/03
Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE
I. Ámbito y objetivos
1. El objetivo del presente Plan de Acción es reforzar la labor de los Estados participantes, y de las instituciones y estructuras correspondientes de la OSCE, encaminada a velar por que la población
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romaní y sinti pueda participar plena y equitativamente en nuestras sociedades, y a eliminar toda discriminación contra estas etnias.
2. El Plan de Acción está inspirado en la normativa de derecho internacional y regional aplicable en materia de derechos humanos, en los compromisos contraídos ante la OSCE y en ciertas prácticas ejemplares tomadas de países de toda Europa, en donde ya se aplican, con el objetivo de difundir- las en otros países. Las medidas especiales previstas por el Plan de Acción con miras a mejorar la situación de las poblaciones romaní y sinti se basan en la Convención Internacional sobre la Eli- minación de todas las Formas de Discriminación Racial.*
3. Se insta a los Estados participantes y a las instituciones de la OSCE a que pongan en práctica el Plan de Acción. Se invita a las comunidades romaníes y sinti en los Estados participantes a valerse del Plan de Acción y a que contribuyan activamente a su aplicación.
II. Marco general: para los romaníes y con los romaníes
4. Toda política nacional o toda estrategia orientada a su aplicación debe: 1) responder a los autén- ticos problemas, necesidades y prioridades de la comunidad romaní y sinti; 2) dar un enfoque glo- bal; 3) ofrecer una visión equilibrada y viable a largo plazo que conjugue los objetivos en materia de derechos humanos con la política social; y 4) alentar a los romaníes a asumir la plena responsa- bilidad de las políticas que les afectan. Al mismo tiempo, habrá que adaptar las políticas naciona- les o las estrategias para su aplicación a las necesidades propias de cada población romaní y sinti, sobre todo en lo que respecta a todo supuesto particular que se dé en algún Estado participante. Toda estrategia de aplicación deberá también contemplar mecanismos que velen por la aplicación a nivel local de la política nacional.
5. El principio rector de la labor de cada Estado participante y de las instituciones pertinentes de la OSCE debe ser que toda política y toda estrategia para su cumplimiento deberá ser preparada y aplicada con la participación activa de las comunidades romaníes y sinti. Es fundamental velar por que haya una auténtica participación de la población romaní y sinti en la adopción de todas las decisiones que les afecten. Los representantes de dicha población deben trabajar conjuntamente con las autoridades a nivel local, nacional e internacional en la preparación de dichas políticas y estra- tegias. Por ello mismo, dichas comunidades deberán ser socios, en pie de igualdad, y compartir la responsabilidad de mejorar su bienestar social.
6. Al preparar y aplicar toda política o programa en este campo se ha de tener en cuenta la situa- ción particular de la mujer romaní y sinti. En los casos en que ya existan mecanismos de consulta y de otro tipo para fomentar la participación de la población romaní y sinti en tales procesos deci- sorios, es preciso que las mujeres puedan participar en pie de igualdad con los varones. Las cuestio- nes propias de la mujer romaní deben ser integradas sistemáticamente en toda política pertinente destinada a la población en su conjunto.
* El apartado 4 del artículo I dice “No se considerarán discriminación racial las medidas especiales adoptadas con el único fin de asegurar la promoción adecuada de ciertos grupos raciales o étnicos o de ciertas personas que requieran la protección que pueda ser necesaria para garantizar a esos grupos o personas la igualdad en el goce o ejercicio de los derechos humanos y de las libertades fundamentales, a condición, sin embargo, de que tales medidas no conduzcan, como consecuencia, al mantenimiento de derechos distintos para grupos raciales diferentes y de que no se mantengan después de alcanzados los objetivos para los cuales fueron adoptadas.”
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III. Lucha contra el racismo y la discriminación
A fin de combatir todo prejuicio contra los romaníes y sinti, y de preparar y aplicar las políticas que combaten eficazmente toda discriminación o violencia racialmente motivada, se recomienda la adopción de las siguientes medidas:
Normas legales y su estricta observancia
Medidas recomendadas para su adopción por los Estados participantes:
7. Estudiar la conveniencia de ratificar, lo antes posible, todo tratado internacional pertinente, de no haberse hecho ya, y en particular la Convención Internacional sobre la Eliminación de todas las Formas de Discriminación Racial.
8. Promulgar, dándoles plenamente curso, normas legales eficaces contra la discriminación racial y étnica en todos los ámbitos, particularmente en lo relativo al acceso a la vivienda, a la ciudadanía y a los permisos de residencia, así como a la enseñanza, el empleo, y los servicios médicos y socia- les. Integrar a representantes de la población romaní y sinti en los procesos de preparación, apli- cación y evaluación de dichas normas.
9. La normativa legal contra la discriminación debe prever: • La prohibición de todo acto de discriminación racial, ya sea directa o indirecta; • La imposición de sanciones eficaces, proporcionales y de índole disuasora contra todo acto o práctica discriminatoria; • La imposición de penas agravadas para los delitos o crímenes de motivación racial, perpetrados tanto por personas privadas como por funcionarios públicos; • La igualdad de acceso a medidas reparadoras eficaces (por la vía judicial o administrativa, o recurriendo a la conciliación o la mediación).
10. Se ha de velar por que el derecho interno prohiba todo tipo de actos de discriminación, y por que todo caso de presunta discriminación sea investigado imparcial y exhaustivamente.
11. Se han de crear, si procede, instituciones especializadas para velar por que se aplique dicha nor- mativa legal, así como mecanismos internos de vigilancia que informen con regularidad y transpa- rencia acerca de los avances conseguidos en su aplicación. Debe alentarse la participación en dichos órganos de representantes romaníes y sinti, poniéndose además sus informes al alcance del público.
12. Preparar, si es necesario, planes de acción o estrategias nacionales de carácter global para mejo- rar la situación de la población romaní y sinti, en donde se prevean medidas específicas para luchar contra la discriminación en todos los campos.
13. Evaluar periódicamente, especialmente a nivel local, los resultados de dichas estrategias, y fomen- tar la participación de la comunidad romaní y sinti en el proceso de su evaluación.
14. Procurar, mediante el fomento de un diálogo auténtico o de un régimen de consultas, o por cualquier otra vía que proceda, mejorar las relaciones entre la población romaní y sinti y los demás grupos de la población, con miras a promover la tolerancia y la superación de todo prejuicio o este- reotipo negativo por ambas partes.
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15. Documentar, conforme a las normas nacionales e internacionales relativas a la protección de datos, todos los tipos y todo caso pertinente de discriminación, a fin de evaluar la situación y res- ponder mejor a las necesidades de la población romaní y sinti.
16. Velar por una investigación rigurosa y efectiva de todo acto de violencia contra la población romaní y sinti, especialmente cuando se sospeche razonablemente de su motivación racial, y encau- sar toda persona responsable de tales actos, de conformidad con el derecho interno y la normativa aplicable en materia de derechos humanos.
17. Privar a los culpables, de tales actos de discriminación o de violencia, de toda inmunidad, velando por la rápida adopción, por parte de la policía, de medidas eficaces de investigación y sanción.
18. Facilitar el acceso de la población romaní y sinti a la justicia, ofreciéndoles vías de acceso a la asistencia letrada y servicios información en el idioma romaní.
19. Tener en cuenta, en toda medida o programa, la situación de la mujer romaní y sinti, que a menudo es víctima de discriminación tanto por motivos de su origen étnico como por razón de su sexo. Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:
20. La OIDDH y, en casos en que proceda, otras instituciones y estructuras de la OSCE, así como sus operaciones sobre el terreno, brindarán asistencia a los Estados participantes de la OSCE que lo soliciten en la preparación de normas legales contra la discriminación, así como en la creación de órganos de lucha contra la discriminación.
21. En el marco de su mandato, el ACMN continuará informándose acerca de la elaboración de leyes contra la discriminación, y prestará asesoramiento y asistencia a los Estados participantes a ese respecto, si procede.
22. Cuando así se le pida, la OIDDH prestará asesoramiento acerca de la forma en que ciertos meca- nismos de los Estados participantes, tales como oficinas del Defensor del Pueblo, comisiones para la lucha contra la discriminación, comisiones disciplinarias de la policía, y otros órganos pertinen- tes, pueden coadyuvar a reducir tensiones entre la comunidad romaní y sinti y otras comunidades.
23. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti se ocupará de mejorar las relaciones entre las ONG de la población romaní y sinti y los Estados participantes.
24. Dicho órgano actuará en calidad de centro coordinador de las iniciativas de los Estados parti- cipantes, y facilitará el intercambio de información acerca de las prácticas recomendadas.
25. En estrecha cooperación con los Estados participantes, con la comunidad romaní y sinti y, siem- pre que sea posible, con otras organizaciones internacionales, y respetando plenamente la norma- tiva legal protectora de la intimidad de los datos personales, el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti recogerá documentación con el fin de desarro- llar políticas más ajustadas a los objetivos contemplados.
Policía
Medidas recomendadas para su adopción por los Estados participantes:
26. Formular políticas destinadas al personal de los cuerpos de vigilancia, informándole de la situa- ción de la población romaní y sinti, y eliminando todo prejuicio o estereotipo negativo.
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27. Preparar programas de capacitación para prevenir el uso excesivo de la fuerza y mejorar el conocimiento y respeto de los derechos humanos.
28. Formular políticas para mejorar: 1) las relaciones entre la comunidad romaní y sinti y la poli- cía, a fin de prevenir todo acto de abuso o violencia de la policía contra dicha comunidad; y 2) la confianza en la policía y el respeto de su autoridad entre dicha población.
29. Formular políticas y procedimientos que fomenten una respuesta policial eficaz a todo acto de violencia racialmente motivado contra la población romaní y sinti.
30. Evaluar todo desfase entre las normas de policía internacionales y las prácticas internas actua- les de la policía, en consulta con los cuerpos nacionales de policía, las ONG y representantes de la comunidad romaní y sinti.
31. Desarrollar, en los casos en que proceda y en estrecha asociación con organizaciones interna- cionales y ONG romaníes, declaraciones de principios de la policía, códigos de conducta, manua- les de orientación práctica y programas de capacitación.
32. Alentar a miembros de la población romaní y sinti a ingresar en los cuerpos de policía, como forma viable a largo plazo de promover la tolerancia y la diversidad.
Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:
33. La Unidad de Estrategia Policial de la Secretaría y la OIDDH prestarán asistencia a los Esta- dos participantes en la elaboración de programas y de medidas para el fomento de la confianza, tales como fuerzas de policía ciudadana, para mejorar las relaciones entre la población romaní y la policía, especialmente a nivel local. 34. Dentro de sus respectivos mandatos, el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y la Unidad de Estrategia Policial prepararán una recopilación de “prácticas recomendadas” en la región de la OSCE para el ejerci- cio de la función policial respecto de la comunidad romaní.
35. El ACMN, el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y la Unidad de Estrategia Policial prestarán asistencia a los Estados participantes en la redacción de códigos de conducta para prevenir toda categorización racial y mejorar las relaciones interétnicas.
Medios informativos
Medidas recomendadas para su adopción por los Estados participantes:
36. Llevar a cabo campañas de información y alerta social para disipar todo prejuicio y estereo- tipo negativo creado contra la población romaní y sinti.
37. En aras de la libertad de expresión, fomentar la capacitación de periodistas romaníes y sinti y su integración laboral en los medios informativos, facilitando así un mayor acceso a dichos medios por parte de la población romaní y sinti.
38. Alentar a dichos medios a informar sobre los aspectos positivos y a presentar una imagen equilibrada de la vida romaní, absteniéndose de emplear estereotipos para caracterizar a dicha población y evitando suscitar tensiones entre las diversas agrupaciones étnicas; y organizar mesas redondas entre representantes de los medios informativos y de la comunidad romaní y sinti al
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servicio de este objetivo. Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:
39. En cooperación con la OIDDH y con las organizaciones internacionales pertinentes, el Repre- sentante para la Libertad de los Medios de Comunicación (ROLMC) ha de estudiar la manera en que la OSCE podría coadyuvar a la creación de una Radio Romaní Europea, que emitiría sus pro- gramas en toda Europa. La OIDDH y el ROLMC deberían organizar debates públicos, campañas contra la discriminación y programas conjuntos de capacitación con los medios informativos y al servicio de dichos medios.
40. EL ROLMC debería estudiar la posibilidad de coadyuvar a seminarios de capacitación para periodistas romaníes.
41. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y el ROLMC organizarán mesas redondas con periodistas, dedicadas a la imagen de la comunidad romaní y sinti prevalente en la sociedad.
42. El ACMN seguirá formulando y difundiendo directrices para los responsables de la política informativa, sobre la utilización de los medios de radiodifusión públicos en las comunidades plu- riculturales, alentando, entre otras cosas, todo apoyo prestado a las emisoras de las minorías, par- ticularmente de la minoría romaní y sinti, y mejorando el acceso de dicha minoría a los medios informativos.
IV. Cuestiones socioeconómicas
Hay que tomar medidas para velar por que la población romaní y sinti disfrute de los derechos sociales y económicos al igual que los demás. Son especialmente necesarias medidas de ámbito local y comunitario, particularmente medidas que surjan de las propias agrupaciones romaníes destinadas a promover la integración de la población romaní y sinti en la vida social y económica y a luchar contra su aislamiento y pobreza. La OSCE y sus Estados participantes deben seguir faci- litando dicha inserción.
Vivienda y condiciones de vida
Medidas recomendadas para su adopción por los Estados participantes:
43. Introducir mecanismos y procedimientos institucionales para dilucidar o resolver cuestio- nes de tenencia o propiedad de viviendas y regularizar la condición jurídica de toda población romaní y sinti que viva en condiciones de dudosa legalidad (por ejemplo, vecindades romaníes cuyos miembros no sean propietarios del suelo sobre el que habitan, o que no estén incluidas en los planes de urbanización de la localidad principal; familias y viviendas radicadas en asentamien- tos en los que sus pobladores hayan estado residiendo de hecho durante decenios, pero sin regu- larizar su derecho de residencia).
44. Involucrar a la propia población romaní y sinti en el diseño de toda política de vivienda o de planes de construcción, rehabilitación y mantenimiento de viviendas públicas para ellos. Velar por que dichos planes de vivienda no sean promotores de segregación étnica o racial.
45. Estudiar la posibilidad de garantizar préstamos de organizaciones internacionales e institu- ciones financieras a Estados participantes para planes de vivienda destinados a segmentos de la población con ingresos bajos.
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46. Favorecer los planes de vivienda en régimen de cooperativa para ciertos sectores de la comu- nidad romaní, e impartirles capacitación en su administración y mantenimiento. Medidas reco- mendadas para su adopción por las instituciones y otras estructuras de la OSCE:
47. Se alienta al Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y a la Oficina del Coordinador de las Actividades Económicas y Medioambientales de la OSCE (OCAEM) a que participen en mayor medida en la política de facilitar información y dar acceso a los recursos aportados por donantes extranjeros para proyectos destinados al desarrollo econó- mico y social de la comunidad romaní y sinti, particularmente los financiados por agrupaciones de la propia etnia. Desempleo y problemas económicos
Medidas recomendadas para su adopción por los Estados participantes:
48. Promover un incremento de la representación romaní y sinti profesionalmente cualificada en empleos públicos.
49. Organizar programas de capacitación para preparar a personas de los grupos peor representa- dos, tales como la población romaní y sinti, para puestos de la administración pública local y de índole similar, e introducir políticas que favorezcan la contratación de los diplomados de tales pro- gramas como funcionarios de la administración pública.
50. Reevaluar los resultados de los programas de empleo subvencionado, prestando particular aten- ción a su eficiencia formativa, a fin de que tales programas estén orientados a potenciar la compe- titividad de la población romaní y sinti en el mercado laboral.
51. Desarrollar políticas y programas, particularmente de formación profesional, para mejorar la competitividad profesional y la cualificación laboral de la población romaní y sinti, especialmente de sus mujeres y jóvenes.
52. Adoptar políticas sociales que incentiven la búsqueda empleo, como forma sostenible de evi- tar la dependencia excesiva de los subsidios sociales.
Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:
53. A instancia de todo Estado participante, la OCAEM, junto con las organizaciones internacio- nales pertinentes, coadyuvará a la preparación de toda medida destinada a superar obstáculos o discriminaciones que impidan el pleno desarrollo de la potencialidad romaní y sinti en la esfera económica.
54. A petición de los Estados participantes, el Punto de Contacto de la OIDDH para las cuestio- nes relativas a los romaníes y sinti y la OCAEM apoyarán el desarrollo de la potencialidad laboral y empresarial de la población romaní y sinti, mediante la creación de programas de capacitación y reciclaje en los Estados participantes. Convendría adaptar, a las necesidades de la población romaní y sinti, toda práctica que haya dado resultado, particularmente en el desarrollo de aptitu- des profesionales al servicio de la pequeña y mediana empresa (PYMES) (por ejemplo, el programa de formación de jóvenes empresarios). La OCAEM también podría facilitar la integración econó- mica y social actuando como catalizador del apoyo prestado por otras organizaciones asociadas y por instituciones financieras mediante planes de microcrédito, en forma de pequeños préstamos para la creación de pequeñas empresas.
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55. La OCAEM, en estrecho contacto y cooperación con otras organizaciones internacionales a fin de evitar toda duplicación, prestará asistencia a las autoridades a la hora de evaluar el impacto de los procesos y políticas económicas en la comunidad romaní y sinti (definiendo para ello indica- dores de rendimiento y de evaluación de políticas).
56. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y la OCAEM aprovecharán toda investigación anterior, por el PNUD y otros organismos, al evaluar las necesidades de la población romaní, con miras a fomentar políticas que tengan en cuenta el alcance y la índole de sus necesidades específicas en cada Estado participante.
57. En coordinación con las organizaciones internacionales pertinentes (especialmente el PNUD y el Banco Mundial), el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y la OCAEM examinarán maneras de mejorar el acceso de los romaníes y sinti a los progra- mas ordinarios de capacitación. Se pueden organizar cursillos prácticos o mesas redondas adapta- das a las necesidades de los romaníes y sinti, con miras a informar y formar a miembros de estas comunidades en lo concerniente a los derechos económicos y sociales de la persona y del empresario.
Atención de salud
Medidas recomendadas para su adopción por los Estados participantes:
58. Velar por que la población romaní y sinti tenga acceso a los servicios de atención médica sin discriminación alguna.
59. Familiarizar al personal encargado de los servicios médicos de las necesidades propias de la población romaní y sinti.
60. Resolver la elevada incidencia de enfermedades o casos de desnutrición entre los miembros de la comunidad romaní.
61. Alentar a la población romaní y sinti a acudir prontamente a los servicios de atención médica: (a) Informando a dicha población sobre la disponibilidad de esos servicios y enseñándoles a uti- lizarlos; (b) Mejorar la confianza de la población romaní y sinti en los servicios de atención médica, casti- gando todo incidente de discriminación directa o indirecta de dicha población; enseñando al per- sonal de dichos servicios a comprender ciertos aspectos de la cultura romaní; y respaldando la labor de los mediadores que cumplen un cometido importante en la tarea de establecer puentes entre la comunidad romaní y el personal de los servicios públicos de atención médica.
62. Prestar particular atención a la salud de las mujeres y niñas, procurando, entre otras cosas, la adopción de medidas que: (a) Faciliten el desarrollo de programas destinados a difundir información sobre cuestiones de atención médica (en materia de nutrición, cuidados para el recién nacido, violencia doméstica, etc.) (b) Mejorando el acceso a los servicios de ginecología, particularmente en la fase prenatal, en el momento del parto y en la fase postnatal, mejorando, entre otras cosas, la información y la formación.
63. Prestar particular atención a la salud de los niños de la etnia romaní y sinti mediante los cui- dados pediátricos que sean del caso, y con medidas preventivas como la de organizar campañas de vacunación en asentamientos romaníes.
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Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:
64. En colaboración con otras organizaciones internacionales y ONG, la OIDDH procurará valerse de datos obtenidos de la investigación para identificar factores socioeconómicos, políticos y cultu- rales que puedan tener un impacto sobre la salud de la población romaní y sinti, e informará a los Estados participantes de todo programa de salud pública que sirva para responder a las necesida- des que se hayan identificado.
65. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y, si pro- cede, otras instituciones y estructuras de la OSCE, particularmente sus operaciones sobre el terreno, prestarán asistencia a todo Estado participante que lo solicite en la puesta en marcha de toda ini- ciativa educadora que ayude a la población romaní y sinti a aprovechar plenamente los servicios de atención médica. Dichos órganos deberán, entre otras cosas, reunir, publicar y difundir infor- mación pertinente sobre prácticas recomendadas a dicho fin.
66. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti velará en particular por asegurar el acceso de la población romaní y sinti a los programas destinados a la prevención o tratamiento del uso indebido de drogas y a los programas de prevención y trata- miento del SIDA y de otras enfermedades conexas.
V. Mejorar el acceso a la educación
La educación es un requisito previo para toda participación de la población romaní y sinti en la vida política, social y económica de sus respectivos países, en un pie de igualdad con el resto de la población. Las autoridades públicas y la propia comunidad sinti y romaní deberán adoptar de inmediato firmes medidas a este respecto, particularmente en orden a fomentar la escolarización y luchar contra el analfabetismo, asignando máxima prioridad a dichas medidas. La política edu- cativa debe orientarse a integrar a la población romaní y sinti en el ciclo normal de la educación facilitándoles plenamente la igualdad de acceso a todos los niveles del ciclo docente, sin dejar de prestar atención a las diferencias culturales.
Medidas recomendadas para su adopción por los Estados participantes:
67. Velar por incluir en el derecho interno normas contra la segregación y la discriminación racial en la educación, previendo sanciones eficaces contra toda violación de dichas normas.
68. Consultar con representantes de la comunidad romaní y sinti al formular cualquier política que pueda afectar a dicha comunidad.
69. Promover activamente la igualdad de oportunidades en la esfera educativa para los niños de la comunidad romaní y sinti, prestándoles en particular toda asistencia lingüística o de otra índole que sea precisa.
70. Adoptar medidas especiales por mejorar la calidad y eficiencia de la educación impartida a los niños de dicha comunidad. Fomentar una representación más amplia de la comunidad romaní y sinti entre el personal docente de nivel escolar.
71. Dar a conocer la historia y cultura del pueblo romaní en los textos docentes, hablando en par- ticular de la experiencia de este pueblo durante el Holocausto.
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72. Considerar medidas para asegurar el respeto, la protección, el fomento y la enseñanza del idioma romaní, así como de su cultura como parte integrante de su patrimonio cultural.
73. Desarrollar y aplicar programas globales contra la segregación escolar destinados a: 1) acabar con la práctica de canalizar sistemáticamente a los niños romaníes hacia escuelas o cursos especia- les (por ejemplo, hacia escuelas para personas mentalmente discapacitadas y hacia cursos exclusi- vamente destinados a niños romaníes y sinti); y 2) a trasladar a dichos niños desde dichos centros especiales hacia las escuelas del sistema educativo general.
74. Asignar recursos financieros para el traslado de los niños romaníes hacia el sistema educativo general y para el desarrollo de programas de asistencia escolar destinados a facilitar su transición hacia la enseñanza oficial.
75. Facilitar el acceso de los niños romaníes a la educación oficial adoptando medidas para: (a) erradicar toda manifestación de prejuicio contra las personas de etnia romaní y sinti en las escuelas; (b) formar al personal docente en técnicas de enseñanza pluricultural y en la dirección de cursos étnicamente mixtos; (c) desarrollar estrategias para obtener un apoyo comunitario más amplio para la política de dese- gregación escolar; (d) prestar apoyo para salvar el desfase entre los alumnos de la etnia romaní y sinti y los demás alumnos, particularmente mediante programas preescolares destinados a preparar a los niños de la etnia romaní y sinti para la enseñanza primaria; (e) prestar apoyo a toda medida encaminada a incrementar el número de profesores, instructores y mediadores de la propia comunidad romaní.
76. Desarrollar y poner en práctica programas de enseñanza antirracista en las escuelas y promo- ver campañas contra el racismo en los medios informativos.
77. Desarrollar políticas que respondan plenamente a toda la gama de factores que contribuyen a la baja tasa de asistencia escolar entre los niños de etnia romaní y sinti. Para ello, se habrá de velar, entre otras cosas, por que las familias romaníes y sinti dispongan de la documentación necesaria para la inscripción escolar, al igual que el resto de la población.
78. Considerar la creación de programas de apoyo social para familias romaníes de bajos ingre- sos con niños en edad escolar.
79. Fomentar la regularidad de la asistencia escolar entre los niños de la etnia romaní y sinti mediante, por ejemplo, la intervención de mediadores familiares y sociales, y procurando que los padres y jefes de comunidad asuman su responsabilidad de facilitar la asistencia escolar de los niños y, en particular, de asegurar la igualdad de acceso a la educación de las niñas.
80. Velar, en particular, por facilitar la igualdad de oportunidades, para las niñas romaníes y sinti, en los programas docentes y de inserción social, y desarrollar programas que eliminen la tasa par- ticularmente elevada de abandono escolar, prevalente entre las niñas.
81. Considerar la introducción de programas adecuados para aquellos niños que sean analfabetos o que no hayan completado su enseñanza primaria.
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82. Desarrollar, cuando sea necesario, programas de becas para estudiantes romaníes y fomen- tar una mayor participación de los alumnos de dicha etnia en los programas de becas existentes.
83. Fomentar la alfabetización informática entre la población romaní y sinti mediante la creación de páginas informativas web.
84. Evaluar periódicamente la eficacia de la política educativa en este campo. Medidas recomen- dadas para su adopción por las instituciones y otras estructuras de la OSCE:
85. la educación pública todos los miembros de la sociedad, alentándoles además a adoptar medi- das por mejorar la situación de la población romaní y sinti a dicho respecto.
86. El ACMN seguirá impartiendo orientación sobre modelos, y programas docentes, y sobre la enseñanza en el idioma materno, o de dicho idioma materno, y concretamente en romaní.
VI. Elevando su participación en la vida política y pública
A la población romaní y sinti le resulta particularmente difícil participar en la vida pública – y más aún política – de sus respectivos países. El bajo nivel educativo y, en algunos casos, la discrimina- ción contra ellos, contribuyen notablemente a la baja representación de la población romaní y sinti en todos los escalones de la vida pública. La población romaní y sinti goza igualmente del dere- cho a participar en la gestión de los asuntos públicos. Ello conlleva el derecho a ejercitar su voto, presentarse a elecciones, participar en la gestión de los asuntos públicos y a formar partidos polí- ticos sin discriminación alguna. Deben alentarse los esfuerzos efectuados en años recientes por fomentar la participación política de la población romaní, particularmente los emprendidos por grupos de la propia comunidad.
Medidas recomendadas para su adopción por los Estados participantes:
87. Los Estados participantes deben obrar con energía a fin de conseguir que la población romaní y sinti disponga, al igual que el resto de la población, de todo documento que sea necesario, es decir del certificado de nacimiento, del documento de identidad y de la tarjeta de la seguridad social. Al resolver problemas relacionados con la falta de documentación básica, se insta a los Estados partici- pantes a obrar en estrecha colaboración con las organizaciones civiles de la población romaní y sinti.
88. Se alienta a los Estados participantes a que tengan en cuenta las siguientes condiciones básicas para obtener una participación efectiva de la población romaní y sinti en la vida pública y polí- tica de sus sociedades: • Intervención temprana: Toda iniciativa referente a la población romaní y sinti debe tratar de involucrarla lo más pronto posible en su desarrollo, puesta en práctica y evaluación; • Inserción completa: La población romaní y sinti debe ser plenamente incorporada al proceso consultivo oficial, y debe garantizarse la eficacia de los mecanismos establecidos para su parti- cipación en la formulación de toda iniciativa política importante, procurando su plena inser- ción en un proceso que sea ampliamente representativo; • Transparencia: Todo programa y propuesta deberá ser distribuido con la suficiente antelación, sobre el plazo previsto para la toma de una decisión, para ser debidamente analizado por los representantes de la comunidad romaní y sinti y dar margen para su contribución al respecto; • Participación efectiva de la población romaní y sinti a todos los niveles de la administración pública: La participación de la población romaní y sinti en la administración local constituye un factor esencial para la eficacia de toda política que pueda afectarla;
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• Asunción de responsabilidades: La población romaní y sinti debe desempeñar una función esen- cial e irremplazable en orden a conseguir la observancia en la práctica de su derecho a partici- par en la vida política.
89. Los titulares de cargos electos deben mantener relaciones estrechas con la comunidad romaní y sinti.
90. Establecer mecanismos que faciliten una comunicación en pie de igualdad, directa y abierta entre los representantes de la comunidad romaní y sinti y las autoridades públicas, particularmente en órganos consultivos y de asesoramiento.
91. Facilitar la interacción, en el ámbito nacional y local, entre los dirigentes políticos y las diver- sas agrupaciones de la comunidad romaní.
92. Organizar campañas electorales que estimulen la participación del electorado romaní en las elecciones.
93. Velar por que el electorado romaní pueda decidirse libre e informadamente en las elecciones.
94. Adoptar medidas que garanticen la igualdad del derecho de voto para las mujeres, vedando en particular el denominado “voto familiar”.
95. Alentar a los miembros de la comunidad romaní y sinti a participar más activamente en el ser- vicio público, particularmente, y caso de ser necesario, mediante la introducción de medidas espe- ciales que promuevan su participación en el funcionariado.
96. Alentar la representación de la comunidad romaní y sinti en cargos designados tanto por elec- ción como por nombramiento, a todos los niveles de la administración pública.
97. Habilitar e incorporar miembros de la comunidad romaní y sinti en el proceso decisorio de la administración pública, tanto estatal como local, en calidad de representantes electos de sus comu- nidades y de ciudadanos de sus respectivos países.
98. Fomentar la participación de la mujer romaní en la vida tanto pública como política de la socie- dad; la mujer romaní debe estar habilitada para participar en pie de igualdad con el hombre en órganos tanto consultivos como de otra índole, a fin de darle un mayor acceso a todas las esferas de la vida pública y política del país. Medidas recomendadas para su adopción por las institucio- nes y otras estructuras de la OSCE:
99. La OIDDH y, cuando proceda, toda otra institución o estructura de la OSCE, así como sus operaciones sobre el terreno, deberá instituir programas destinados a favorecer la práctica de toda inscripción que sea necesaria para la plena participación en la vida política.
100. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti debe- ría ayudar a organizar capacitación destinada a las ONG romaníes, e impartida por dichas ONG, particularmente por las que se ocupen de los medios informativos, en lo relativo a los procesos democráticos y a la participación en la vida democrática.
101. La OIDDH, y siempre que proceda, toda otra institución y estructura de la OSCE, así como sus operaciones sobre el terreno, desarrollarán e impartirán cursos de capacitación para electores, así como programas de inscripción en el censo electoral.
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102. La OIDDH actuará como órgano catalizador del intercambio de información y de prácticas reco- mendadas en este campo entre los Estados participantes y con otras organizaciones internacionales.
103. La OIDDH proseguirá y fortalecerá la práctica de pasar revista al índice de participación de la población romaní en los procesos electorales, y seguirá incluyendo a expertos de la etnia romaní y sinti en sus misiones de observación de elecciones en el área de la OSCE.
104. El ACMN proseguirá, en el marco de su mandato, con la labor de asesorar a los Estados sobre medidas apropiadas para facilitar la participación de la población romaní y sinti en todas las esfe- ras de la vida pública.
105. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y, siem- pre que proceda, toda otra institución y estructura de la OSCE, así como sus operaciones sobre el terreno, formularán programas destinados a alentar la presentación de representantes de la comu- nidad romaní y sinti como candidatos a las elecciones para la constitución de todo órgano electivo o buscarán soluciones innovadoras que aseguren obtener la participación de representantes de la comunidad romaní y sinti en los procesos decisorios de ámbito nacional y local.
106. La OIDDH prestará particular atención a las actividades destinadas a facilitar la participación de la mujer romaní en todas las esferas de la vida pública y política de la sociedad.
VII. La población romaní y sinti en situaciones de crisis y posteriores a una crisis
Todo Estado participante está obligado, incluso en situaciones de crisis y posteriores a una crisis, a amparar sin discriminación alguna todos los derechos fundamentales, incluidos los derechos de los refugiados a tenor de los instrumentos internacionales pertinentes, particularmente de la Convención de 1951 sobre el Estatuto de los Refugiados y su Protocolo de 1967. Los Estados parti- cipantes son conscientes de los Principios Rectores de las Naciones Unidas en materia de Despla- zamientos Internos como marco útil, para la labor de la OSCE y la suya propia, al ocuparse de la cuestión de los desplazamientos internos.
Medidas recomendadas para su adopción por los Estados participantes:
107. Velar por que todo miembro de la población romaní y sinti que se vea afectado por un des- plazamiento forzoso (refugiados y personas internamente desplazadas) sea debidamente inscrito y provisto de la documentación pertinente.
108. Consultar a la población romaní y sinti al definir situaciones de crisis, a fin de dar con pro- cedimientos apropiados e identificar las zonas geográficas de donde estén huyendo los refugiados y las personas internamente desplazadas, así como velar por que se atienda a la situación concreta de la población romaní y sinti. 109. Los Estados participantes deben velar por que existan progra- mas que promuevan condiciones favorables a la adopción de una decisión debidamente informada, por la población romaní y sinti refugiada e internamente desplazada, respecto de una solución duradera a su situación, facilitando especialmente el ejercicio de su derecho a un retorno digno, sostenible y en condiciones de seguridad. Tales programas han de informar acerca de cada tema que pudiera interesar a los refugiados y personas internamente desplazadas, y deberán estar dis- ponibles en los idiomas pertinentes.
110. Asegurarse de que el trato dispensado a los refugiados romaníes y sinti sea conforme a las normas y criterios de amparo internacionales, y no sea discriminatorio.
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111. Recurrir a la función que desempeña la OIDDH en la prevención de conflictos y en la identi- ficación de zonas de intervención temprana, y aprovechar la experiencia especializada del ACMN de la OSCE a dicho respecto.
112. Prestar particular atención a las necesidades de las mujeres y niños romaníes y sinti en situa- ciones de crisis o posteriores a una crisis, dándoles acceso a servicios sanitarios y de vivienda y escolarización.
Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:
113. La OIDDH hará uso de su competencia especial al ocuparse de la prevención de conflictos y al identificar puntos de crisis latente que reclamen una intervención temprana.
114. De conformidad con su mandato, se pide al Punto de Contacto de la OIDDH para las cuestio- nes relativas a los romaníes y sinti que responda eficazmente a toda situación de crisis, colaborando con toda autoridad competente y con todo órgano intergubernamental u organización internacio- nal pertinente, especialmente el ACNUR, a fin de amparar a toda comunidad romaní en peligro.
115. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti se esfor- zará por alertar, a las autoridades, periodistas y todo otro agente eventual, acerca de la situación de los romaníes y sinti en zonas de crisis o de conflicto. 116. Al analizar toda medida emprendida por los Estados participantes relativa a la población romaní y sinti, la OIDDH deberá asumir la iniciativa, obrando de igual modo al asesorar para eliminar eficazmente todo factor de tensión local que, de no controlarse, pudiera suscitar un conflicto abierto.
117. El ACMN seguirá ejerciendo su mandato de prevenir todo conflicto en su fase más temprana posible.
VIII. Mejorar la cooperación y coordinación con otras organizaciones internacionales y ONG
Habida cuenta de la atención cada vez mayor que prestan diversas organizaciones internacionales a las cuestiones relacionadas con la población romaní y sinti, va siendo necesaria una coordina- ción y cooperación cada vez mayor que evite la duplicación de tareas. Para velar por la aplicación efectiva del Plan de Acción, la OSCE, y especialmente la OIDDH, cooperará estrechamente con otras organizaciones internacionales y con organizaciones no gubernamentales.
118. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti seguirá participando activamente en el Grupo de contacto oficioso de las organizaciones interguberna- mentales sobre la población romaní.*
119. Se reforzará y agilizará dicho órgano oficioso de común acuerdo y en cooperación con todos los socios pertinentes, velando especialmente por que se incluya a representantes de Estados par- ticipantes en la OSCE. Se convocarán reuniones periódicas del Grupo de contacto oficioso a nivel de expertos o a un nivel más alto, caso de ser oportuno, con miras a promover la consecución de este objetivo.
* El Grupo de contacto oficioso de las organizaciones intergubernamentales sobre la población romaní está for- mado por representantes de la OIDDH/OSCE, el Consejo de Europa, la Comisión Europea y la Unión Europea.
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120. Dicho Grupo de contacto oficioso deberá fijar prioridades y pautas de orientación comunes, así como mejorar la coordinación y cooperación mutua a fin de evitar la duplicación de tareas.
121. Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti se esfor- zará por consolidar el “Grupo de Contacto Internacional Romaní”* y contribuirá además a la ini- ciativa del Consejo de Europa a favor de un posible Foro europeo de romaníes y grupos afines.
122. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti pres- tará servicios de información y coordinación a las instituciones pertinentes tanto nacionales como internacionales, y facilitará el diálogo entre ellas y con las ONG romaníes.
123. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti tra- tará de entablar relaciones con organizaciones romaníes y sinti, a fin de ayudarlas a coordinar su acción y sus recursos, en el interior de cada Estado y más allá de sus fronteras, y a aprovechar ple- namente las oportunidades brindadas por la política actual tanto interna como internacional en favor de la población romaní y sinti.
124. La OSCE seguirá desarrollando su colaboración con otros socios y organizaciones interna- cionales pertinentes.
IX. Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti
125. Cuando sea necesario, el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti facilitará el intercambio de información entre los Estados participantes que dis- pongan ya de una política nacional relativa a la población romaní y sinti, o que deseen mejorar dicha política.
126. Previa solicitud, el Punto de Contacto de la OIDDH para las cuestiones relativas a romaníes y sinti asesorará a los Estados participantes acerca de políticas futuras relativas a la población romaní y sinti, y alentará el debate entre los gobiernos y las ONG romaníes.
127. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti apoyará toda medida de desarrollo al servicio de las ONG romaníes y sinti.
128. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti esta- blecerá una base de datos sobre prácticas recomendadas ya adoptadas por Estados participantes en la OSCE.
129. Al analizar las medidas emprendidas por los Estados participantes, el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti se inspirará en criterios favorables a dicha población, así como al estudiar toda situación e incidente que pueda afectarla. Para dicho fin, el Punto de Contacto se pondrá y mantendrá en contacto directo con Estados participantes, ofreciéndoles su parecer y asesoramiento.
* El Grupo de Contacto Internacional Romaní se creó en octubre de 2000 por iniciativa del Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti. Dicho Grupo de Contacto incluye a representan- tes de las Unión Romaní Internacional, el Congreso Nacional Romaní, representantes electos romaníes, exper- tos romaníes y el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti.
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130. Las autoridades de todo país interesado cooperarán con el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti en la búsqueda de una solución eficaz para las situaciones de crisis.
131. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti faci- litará información a la comunidad romaní y sinti sobre los recursos y actividades de la OSCE.
132. En cooperación con toda otra institución o estructura pertinente de la OSCE, la OIDDH adoptará toda medida para extirpar, en sus raíces, la trata de personas, particularmente de niños, y alertará a la comunidad romaní y sinti acerca de las consecuencias de la trata.
X. Aplicación: examen y evaluación
133. La aplicación de lo dispuesto en el presente Plan de Acción será examinada en las Reuniones Anuales de Evaluación de la Aplicación, en las Conferencias de Examen y en otros actos pertinen- tes en la esfera de la dimensión humana.
134. El Director de la OIDDH, basándose en los resultados de dichas reuniones y en las aportacio- nes del Grupo de contacto oficioso sobre romaníes de las organizaciones intergubernamentales y del Grupo de contacto internacional romaní, informará sobre dicha aplicación al Consejo Per- manente, que podrá recomendar a los Estados participantes y a las instituciones de la OSCE toda medida de cooperación o coordinación que estime prioritaria.
135. El Consejo Permanente organizará periódicamente sesiones informativas oficiosas a cargo del Punto de Contacto para las cuestiones relativas a los romaníes y sinti, centradas en todo punto tratado en el presente Plan de Acción, a fin de evaluar el impacto, nacional o local, de las medi- das en él previstas.
136. Con miras a facilitar el proceso de examen de la aplicación, se alienta a los Estados partici- pantes de la OSCE a que informen acerca de toda novedad en la situación de la población romaní y sinti, así como de toda medida inspirada por el presente Plan de Acción, en las Reuniones de Aplicación sobre la Dimensión Humana, con anterioridad a toda Conferencia de Examen, y al Consejo Permanente, según proceda.
137. Todas las instituciones y estructuras pertinentes de la OSCE, así como sus operaciones sobre el terreno, proseguirán su estrecha interacción con los Estados participantes, a fin de prestarles asistencia en la aplicación del Plan de Acción.
138. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti difun- dirá información acerca del presente Plan entre las comunidades y organizaciones romaníes y sinti, así como entre otras organizaciones internacionales.
139. A fin de que el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti pueda cumplir las tareas que se le han encomendado en el presente Plan de Acción, el Con- sejo Permanente se ocupará de proveerle de los recursos humanos y financieros necesarios. El Comité Asesor en asuntos de Gestión y Financieros se ocupará de preparar un plan detallado al respecto, y lo presentará al Consejo Permanente.
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Decisión Nº 4/03
Tolerancia y no discriminación
El Consejo Ministerial,
Consciente de que el respeto de los derechos humanos y de las libertades fundamentales, así como de la democracia y del Estado de derecho están en la propia médula del concepto global de la OSCE en materia de seguridad,
Recordando sus compromisos en la esfera de la dimensión humana, consagrados en el Acta Final de Helsinki, en la Carta de París para una Nueva Europa, en la Carta sobre la Seguridad Europea (Cumbre de Estambul, 1999) y en otros documentos y decisiones pertinentes de la OSCE,
Recordando la Decisión Nº 6 sobre la tolerancia y la no discriminación, adoptada en la Décima Reunión del Consejo Ministerial en Oporto, el 7 de diciembre de 2002,
Reafirmando su compromiso de promover la tolerancia y de luchar contra la discriminación, y su inquietud ante toda manifestación de nacionalismo agresivo, racismo, patrioterismo, xenofobia, antisemitismo o extremismo violento en cualquiera de los Estados participantes, así como ante toda discriminación basada en motivos de raza, color, sexo, idioma, religión o creencia, opinión política o de otra índole, o en el origen, la riqueza, el nacimiento o alguna otra consideración,
Instando a las autoridades pertinentes de todos los Estados participantes a que prosigan con su política de condenar públicamente, al nivel apropiado y según proceda, todo acto violento moti- vado por razones de discriminación o de intolerancia,
Reafirmando su compromiso de intensificar sus esfuerzos por promover la tolerancia y la no dis- criminación en todos los campos,
Felicitándose de la labor efectuada por la OSCE durante el año 2003,
1. Asume el compromiso de promover la puesta en práctica del Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE;
2. Decide intensificar sus esfuerzos por aumentar la participación de la mujer y su función al ser- vicio de la democratización y el desarrollo económico, y que se examine la posibilidad de incorpo- rar las disposiciones del Plan de Acción de la OSCE para la equiparación de la mujer a la política nacional, dondequiera que sean aplicables. Decide además intensificar sus esfuerzos por lograr la paridad entre los sexos a todos los niveles del personal de la OSCE, teniendo además plenamente en cuenta a este respecto el principio de que dicho personal debe ser contratado con equidad entre ciudadanos de todos los Estados participantes. Reitera que la OSCE alienta a que se presenten can- didatas para todo puesto que ofrezca la Organización;
3. Decide dar seguimiento a la labor iniciada en la Conferencia de la OSCE sobre el Antisemi- tismo, que se celebró en Viena los días 19 y 20 de junio de 2003, y acoge con agrado la oferta de Alemania de organizar una segunda conferencia de la OSCE sobre este tema en Berlín, los días 28 y 29 de abril de 2004;
4. Decide dar asimismo seguimiento a la labor iniciada en la Conferencia de la OSCE sobre el Racismo, la Xenofobia y la Discriminación, que se celebró en Viena los días 4 y 5 de septiembre de
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2003, y acoge con agrado la oferta de Bélgica de organizar una segunda conferencia de la OSCE sobre este tema en Bruselas en el otoño de 2004;
5. Encarga al Consejo Permanente que siga buscando medios, además de esas dos conferencias, para intensificar la labor de la OSCE y de los Estados participantes al servicio de la tolerancia y de la no discriminación en todos los campos;
6. Alienta a todos los Estados participantes a formar y llevar expedientes con toda la información fidedigna y datos estadísticos de que dispongan sobre delitos motivados por el odio, así como sobre toda manifestación violenta de racismo, xenofobia, discriminación, y antisemitismo, conforme a lo dicho y recomendado en las conferencias anteriormente mencionadas. Consciente de la impor- tancia de que se disponga de normas legales contra los delitos motivados por el odio, los Estados participantes informarán a la OIDDH sobre su normativa legal contra los delitos motivados por la intolerancia o la discriminación, y solicitarán, siempre que proceda, la asistencia de la OIDDH en la preparación y examen de toda nueva ley al respecto;
7. Encarga a la OIDDH a que, cooperando plenamente con otros órganos, como el Comité para la Eliminación de la Discriminación Racial, de las Naciones Unidas, la Comisión Europea con- tra el Racismo y la Intolerancia (CERI) y el Observatorio Europeo del Racismo y la Xenofobia, así como con toda ONG pertinente, actúe como centro colector de información y estadísticas prove- nientes de los Estados participantes, y a que informe periódicamente al respecto, particularmente en el marco de la Reunión de aplicación sobre cuestiones de la dimensión humana, a fin de que dicha información pueda servir de base para señalar las prioridades de la futura labor de la OSCE a este respecto. La OIDDH deberá, entre otras cosas, promover la adopción de las prácticas reco- mendadas en este campo y diseminar toda enseñanza adquirida en la lucha contra la intoleran- cia y la discriminación;
8. Reconoce la necesidad de combatir todo delito inspirado en el odio, que haya sido incitado por propaganda racista, xenófoba o antisemita difundida por Internet. Acogemos con agrado la oferta de Francia de organizar en París, en el año 2004, un acto proyectado hacia el futuro sobre la rela- ción entre la propaganda difundida por Internet y los delitos inspirados en el odio, amparando al mismo tiempo el pleno respeto de todo derecho legítimo en materia de libertad de información y de expresión;
9. Insiste en la importancia de la libertad de pensamiento, de conciencia y de religión o creencia, y condena toda práctica de discriminación o violencia, particularmente todo acto que vaya diri- gido contra algún grupo religioso o contra alguna persona creyente en particular. Asume el com- promiso de asegurar y facilitar la libertad de toda persona para profesar y practicar su religión o creencia, por sí sola o en comunidad, y de velar por que se introduzcan, caso de ser necesario, normas legales, reglamentos, prácticas o políticas no discriminatorias, que sean además transpa- rentes. Alienta a los Estados participantes a que soliciten la asistencia de la OIDDH y de su equipo pericial sobre libertad religiosa y de creencia. Insiste en la importancia de instituir un diálogo, reforzado y continuo, intercultural e interreligioso, con miras a promover la tolerancia, el respeto y el mutuo entendimiento;
10. Vela por la aplicación de los compromisos de la OSCE en materia de minorías nacionales, y reconoce la importancia de las recomendaciones del Alto Comisionado para las Minorías Nacio- nales en lo relativo a la educación y participación de dichas minorías en la vida pública, y en lo relativo al empleo de su idioma, dándoles además acceso a los medios de radiodifusión, así como la importancia de toda recomendación a dicho respecto del Representante para la Libertad de los Medios de Comunicación;
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11. Se compromete a combatir toda discriminación contra los trabajadores migrantes. Se compro- mete además a facilitar la integración de los trabajadores migrantes en las sociedades donde resi- dan legalmente. Pide a la OIDDH que refuerce sus actividades a este respecto;
12. Se compromete, en este mismo contexto, a combatir, en el marco del derecho interno y de los compromisos internacionales, la discriminación, dondequiera que exista, contra los buscadores de asilo y los refugiados, y pide a la OIDDH que refuerce sus actividades a este respecto;
13. Toma en consideración los Principios rectores de las Naciones Unidas para las personas inter- namente desplazadas como marco valioso para la labor de la OSCE y de los Estados participantes en orden a buscar remedios para su situación;
14. Decide que, en lo relativo a las cuestiones enunciadas en el presente documento, la OSCE inten- sifique su labor dirigida hacia las generaciones más jóvenes a fin de hacerles comprender mejor la necesidad de la tolerancia. Merece particular atención a dicho respecto la educación impartida en materia de derechos humanos;
15. Decide intensificar la cooperación de la OSCE con otras organizaciones internacionales perti- nentes, tales como las Naciones Unidas, el Consejo de Europa y la Unión Europea, así como con toda organización de la sociedad civil y organización no gubernamental pertinente, en orden a pro- mover la tolerancia y la no discriminación;
16. Encarga al Consejo Permanente, a la OIDDH, al ACMN y al Representante para la Libertad de los Medios de Comunicación que procuren obrar de consuno, en estrecha colaboración con la Presidencia en ejercicio, para velar por que se dé plenamente curso a lo dispuesto en la presente Decisión, y pide al Consejo Permanente que se ocupe de las modalidades operativas y financieras para su puesta en práctica.
Decisión Nº 5/03
Compromisos electorales
El Consejo Ministerial, Reafirmando lo dispuesto en el Documento de la Reunión de Copenhague de la Conferencia sobre la Dimensión Humana de la CSCE (1990),
Tomando nota de que ciertas disposiciones pertinentes de la Declaración de la Cumbre de Lisboa (1996) y de la Declaración de la Cumbre de Estambul (1999) han complementado los compromi- sos anteriormente asumidos,
Reafirmando su determinación de poner en práctica dichos compromisos,
Recordando su Decisión Nº 7 adoptada en la Décima Reunión del Consejo Ministerial de la OSCE en Oporto en 2002,
Consciente de que cabe celebrar elecciones democráticas con arreglo a diversos regímenes y leyes electorales,
Reconociendo la pericia acumulada por la OIDDH en la labor de asistencia prestada a los Esta- dos participantes en orden a la observancia de los compromisos y las normas aplicables en mate- ria electoral,
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Felicitándose de que prosiga la eficiente cooperación entablada entre la OIDDH y la Asamblea Par- lamentaria de la OSCE en lo relativo a la supervisión de elecciones,
Mostrando su agrado por el documento “Existing Commitments for Democratic Elections in OSCE Participating States: A Progress Report” (ODIHR.GAL/39/03) sobre los compromisos asu- midos por los Estados participantes en lo relativo a la celebración de elecciones democráticas, que fue preparado por la OIDDH y presentado a los Estados participantes en junio del presente año,
Reconociendo en particular la necesidad de que el electorado confíe en el proceso electoral en su conjunto, de que reine la transparencia en el proceso electoral, y de que las autoridades responsa- bles de las elecciones den razón y cuenta de su actuación, pide a todos los Estados participantes que refuercen aún más su cooperación a este respecto con la OIDDH,
Encomienda a la OIDDH que examine la manera de mejorar la eficacia de la asistencia prestada a los Estados participantes en el seguimiento de las recomendaciones enunciadas en los informes de observación de elecciones emitidos por la OIDDH, y que informe al Consejo Permanente de los resultados obtenidos en el cumplimiento de esta tarea;
Encomienda al Consejo Permanente a que, inspirándose en la experiencia adquirida por la OIDDH, considere la necesidad de que se asuman compromisos adicionales en materia de elecciones, que com- plementen los existentes, y que informe al respecto ante la próxima reunión del Consejo Ministerial.
Decisión Nº 6/03
Mandato de la red de la OSCE contra el terrorismo
El Consejo Ministerial,
Reconociendo la necesidad de reforzar la coordinación de las medidas de lucha contra el terro- rismo y el intercambio de información entre los Estados participantes en la OSCE y entre los ser- vicios de sus respectivas capitales,
DEC/1, de 7 de diciembre de 2002) de la Décima Reunión del Consejo Ministerial, relativa al curso que se ha de dar a los compromisos y actividades de la OSCE en la lucha contra el terrorismo,
Decide crear en la OSCE una Red contra el Terrorismo (RCT), con arreglo al mandato otorgado a dicha Red en el anexo de la presente Decisión.
Anexo de la Decisión Nº 6/03
Mandato de la red de la osce Contra el terrorismo
El objetivo primordial de la Red de la OSCE contra el Terrorismo (RCT) ha de ser promover una mayor coordinación de las medidas de lucha contra el terrorismo y el aprovechamiento en común de la información entre los Estados participantes en la OSCE. Tendrá, en particular, por objetivo reforzar las vías de enlace entre las delegaciones de los Estados participantes, las autoridades encar- gadas de la lucha contra el terrorismo en las capitales, y la Unidad de Acción de la OSCE contra
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el Terrorismo (UAT)*. La Red facilitará un intercambio oportuno de información sobre cursos de capacitación, medidas legislativas y programas de lucha contra el terrorismo impulsados por la OSCE y los Estados participantes, así como análisis de todas las fuentes de que disponga sobre las tendencias observables en el terrorismo. La Red conferirá primordial importancia a toda tarea de apoyo o complementaria de la labor emprendida por el Comité establecido por la resolución 1373 (2001) del Consejo de Seguridad para la lucha contra el terrorismo, en orden al cumplimiento de dicha resolución. La RCT no tiene por objeto ni servir de cauce para datos de inteligencia o de índole confidencial, ni duplicar las funciones de otras redes internacionales y regionales que actúan al servicio de la policía.
Funciones de la Unidad de Acción contra el Terrorismo (UAT)
1. Informar a los Estados participantes acerca de toda posibilidad de participar en cursos de capa- citación multilaterales y bilaterales, en tareas relacionadas con la lucha contra el terrorismo, y cola- borar con los enlaces principales para que se saque pleno provecho de tales programas.
2. Coordinar y facilitar las diversas actividades de la OSCE contra el terrorismo, especialmente sus programas de asistencia para el desarrollo de servicios especiales, así como sus talleres de capa- citación y de preparación para casos de emergencia, con miras a utilizar eficazmente los recursos y evitar la duplicación de tareas.
3. Responder oportunamente a la información facilitada y a toda medida solicitada por los enla- ces principales.
4. Velar por que, por conducto de su respectiva delegación, se mantenga plenamente informados a los enlaces principales acerca de toda novedad importante en materia de lucha contra el terro- rismo que pueda afectar a la región de la OSCE, distribuyendo periódicamente, por correo electró- nico, un boletín de la UAT, y actualizando con regularidad la página web de la Unidad de Acción de la OSCE contra el Terrorismo.
5. Coordinar detalles con el enlace principal, comunicándose con él por conducto de la respectiva delegación, siempre que algún cargo de la UAT haya de viajar en misión de servicio a un Estado participante.
Responsibilities of principal liaisons
1. Velar por que toda comunicación de la UAT llegue al departamento estatal competente, y por que las respuestas a la UAT se cursen a tiempo.
2. Informar a la UAT acerca de toda novedad importante en materia de lucha contra el terrorismo, tal como toda nueva ley antiterrorista, programas de asistencia o capacitación antiterrorista y prác- ticas recomendadas al respecto en el ámbito interno.
* El Comité establecido por la resolución 1373 (2001) del Consejo de Seguridad para la lucha contra el terro- rismo está apoyando la creación de redes regionales de este tipo para reforzar la cooperación y la coordinación. El Secretariado del Comité Interamericano Contra el Terrorismo (CICTE) ha desarrollado ya, en el seno de la Organización de los Estados Americanos, una red regional de puntos de contacto para el hemisferio. La Uni- dad de Acción contra el Terrorismo agradece y reconoce el asesoramiento y la asistencia prestados por el CICTE para el desarrollo de la Red de la OSCE contra el Terrorismo.
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3. Facilitar información acerca de todo seminario, taller o conferencia, que concierna a algún tema de interés para la lucha contra el terrorismo, cuyo organizador sea un Estado participante y al que puedan asistir participantes de otros países.
4. Actuar como coordinador principal de las conferencias, talleres y seminarios de la OSCE con- tra el terrorismo en los que intervenga el Estado participante del enlace.
5. Coordinar, indicar prioridades y comunicar, en nombre del Estado participante interesado, las necesidades en materia de capacitación y de asistencia, así como toda petición relacionada con tareas de la lucha antiterrorista que la OSCE pudiera respaldar o facilitar.
4 La UAT de la OSCE se sirve de las notificaciones oficiales de ratificación publicadas en el sitio web de cada depositario de un instrumento antiterrorista, lo que permite disponer de informa- ción precisa.
Medios de apoyo y comunicación
Cuando proceda y sea posible, la UAT utilizará tecnología de Internet para comunicarse con los enlaces principales y otros agentes de la Red contra el Terrorismo, haciéndolo habitualmente por correo electrónico. No obstante, se alienta a los enlaces principales a que consulten con regula- ridad los sitios web de la OSCE y del Comité del Consejo de Seguridad para la lucha contra el terrorismo. De ser necesario, la UAT recomendará a Estados participantes la organización de una reunión de enlaces principales, a reserva de la autorización del Consejo Permanente y valién- dose de fondos disponibles, ya sea al margen de otras reuniones anuales de la OSCE, tales como la Conferencia Anual para el Examen de la Seguridad, o como un acto independiente. En el año 2004 se añadirá un puesto asignable por contrato, de la categoría P-1, a la plantilla de personal de la Unidad de Acción contra el Terrorismo para potenciar el desarrollo y el mantenimiento de la Red contra el Terrorismo.
241 Documento de la Duodécima Reunión del Consejo Ministerial Sofía 2004
I. Declaración ministerial de Sofía sobre prevención y lucha contra el terrorismo
1. Nosotros, miembros del Consejo Ministerial de la OSCE, reunidos en la ciudad de Sofía, decla- ramos nuestra decidida e incondicional condena de todo acto terrorista, y en particular, de los atentados perpetrados en el año 2004 en España, Uzbekistán, Turquía y Rusia, donde en la ciu- dad de Beslan los terroristas asesinaron brutal y despiadadamente a niños inocentes e indefensos. Lamentamos la pérdida de centenares de vidas humanas y expresamos nuestra profunda solida- ridad con toda víctima de tales actos de terrorismo, así como con sus familias. Esos actos pusie- ron claramente de manifiesto la índole inhumana del terrorismo. Expresamos asimismo nuestra solidaridad con otros Estados que no participan en nuestra Organización pero que también fue- ron víctimas de agresiones terroristas.
Reiterando que el terrorismo constituye una de las amenazas más graves para la paz y la seguridad de nuestra sociedad y considerando que tales actos de terrorismo dañan gravemente el disfrute de los derechos humanos, reafirmamos nuestro compromiso de amparar contra todo acto terrorista el disfrute de los derechos humanos y de las libertades fundamentales, particularmente el derecho a la vida de toda persona acogida a nuestra jurisdicción. Reiteramos firmemente nuestra determi- nación de combatir al terrorismo en todas sus formas y manifestaciones, como un crimen exento de toda justificación, cualquiera que sea su motivación o su origen, y de llevar adelante esta lucha en la observancia del Estado de derecho y de conformidad con nuestras obligaciones en el marco del derecho internacional, y en particular de los derechos humanos internacionales, y del derecho humanitario y aplicable a los refugiados.
2. Insistimos una vez más en la función rectora de las Naciones Unidas en esta lucha global contra el terrorismo. Reafirmamos las obligaciones y los compromisos que nuestros Estados han asumido en el marco de las Naciones Unidas de cara a la lucha contra el terrorismo, particularmente las reso- luciones 1267 (1999), 1373 (2001), 1456 (2003), 1535 (2004), 1540 (2004) y 1566 (2004) del Consejo de Seguridad de las Naciones Unidas, así como la resolución 58/187 de la Asamblea General de las Naciones Unidas, y respaldamos la resolución 2004/87 de la Comisión de Derechos Humanos de las Naciones Unidas, reafirmamos también nuestras obligaciones y compromisos asumidos en el marco de otras organizaciones internacionales de las que somos miembros.
Nos felicitamos de la importancia asignada por la resolución 1566 (2004) del Consejo de Seguri- dad de las Naciones Unidas a la función que incumbe a toda organización internacional, regional y subregional pertinente en orden al fortalecimiento de la cooperación internacional al servicio de la lucha contra el terrorismo, así como del llamamiento que en ella se hace en pro de una inte- racción más intensa con las Naciones Unidas.
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Insistimos en nuestra determinación de apoyar la importante labor del Comité del Consejo de Seguridad contra el Terrorismo y de su Dirección Ejecutiva. Nos comprometemos a dar curso, lo mejor posible, a lo pactado en los 12 convenios y protocolos de las Naciones Unidas contra el terro- rismo. Renovamos asimismo nuestra exhortación a que se agilicen las negociaciones para resolver toda cuestión pendiente con miras a aprobar por consenso el proyecto de un convenio global con- tra el terrorismo internacional y el proyecto de convenio internacional para la supresión de todo acto de terrorismo nuclear.
Mantenemos nuestro compromiso en pro de toda decisión concertada en la OSCE contra el terro- rismo, y particularmente respecto de los compromisos enunciados en el Plan de Acción de Buca- rest para la Lucha contra el Terrorismo, la Carta de la OSCE para la Prevención y Lucha contra el Terrorismo y la Estrategia de la OSCE frente a las amenazas contra la seguridad y la estabili- dad en el siglo XXI.
Nuestros países reafirman su compromiso de dar pleno y rápido curso a estas decisiones y acuer- dos en toda el área de la OSCE.
3. Nos felicitamos de los esfuerzos de la OSCE en la lucha contra el terrorismo, así como de las decisiones adoptadas en el año 2004, y apoyamos la labor de la Unidad de Acción contra el Terro- rismo de la Secretaría de la OSCE.
Obramos con el convencimiento de que la panoplia de decisiones prácticas que vamos a adoptar con agrado en el día de hoy* y el pronto cumplimiento que les será dado elevarán el nivel de segu- ridad y estabilidad en el área de la OSCE. Estas decisiones contribuirán a mejorar la observancia de nuestras obligaciones, contraídas con arreglo al derecho internacional, en orden a la preven- ción y lucha contra el terrorismo.
4. Abrigamos la intención de intensificar las actividades y medidas de la OSCE en orden a preve- nir y combatir el terrorismo y a afrontar todos los factores que generan condiciones en las que las organizaciones terroristas consiguen reclutar secuaces y conseguir apoyos.
Reiteramos que los esfuerzos de la OSCE por combatir las amenazas terroristas deben ser adopta- dos en cada una de las tres dimensiones de la OSCE, en su dimensión concerniente a la seguridad, y concretamente en la esfera político-militar, en su dimensión económica y medioambiental, y en su dimensión humana. Inspirada en su enfoque integral e indivisible de la seguridad, nuestra Orga- nización podrá seguir efectuando notables contribuciones a la lucha mundial contra el terrorismo.
Obramos con el convencimiento de que el respeto de los derechos humanos y de las libertades fun- damentales constituye un factor importante para la consolidación de la paz y la estabilidad y para la prevención del terrorismo. Somos asimismo conscientes de que para ser eficaz toda actuación que se emprenda en aras de la prevención y lucha contra el terrorismo ha de contar con el apoyo comprometido de la sociedad civil de nuestros respectivos países. Proseguiremos asimismo desa- rrollando nuestra interacción y diálogo sobre toda cuestión concerniente a la prevención y lucha contra el terrorismo con nuestros Socios para la cooperación de Asia y del Mediterráneo.
* Decisión Nº 617 del Consejo Permanente sobre medidas adicionales contra las vías de financiación del terrorismo (1 de julio de 2004). Decisión Nº 618 del Consejo Permanente sobre solidaridad con las víctimas del terrorismo (1 de julio de 2004). Decisión Ministerial para la Lucha contra la Utilización de Internet para Fines Terroris- tas. Decisión Ministerial sobre mejora de la seguridad del tráfico en contenedores. Decisión Ministerial sobre denuncia de toda pérdida o robo de un pasaporte al ASF-STD de Interpol.
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II. Declaración ministerial conmemorativa del sexagésimo aniversario del final de la Segunda Guerra Mundial
El año 2005 marca el sexagésimo aniversario del final de las batallas de la Segunda Guerra Mun- dial. Lloramos a las decenas de millones de personas que perdieron su vida como víctimas de la guerra, del Holocausto, de las ocupaciones y de los actos de represión. Honramos a todos aquellos que combatieron por la victoria de la humanidad contra la dictadura, la opresión y la agresión. El paso del tiempo no mermará en nada el valor siempre actual de su sacrificio.
Expresamos nuestro aprecio por la resolución de la Asamblea General de las Naciones Unidas por la que se desea conmemorar el sexagésimo aniversario del final de la Segunda Guerra Mundial.
Al reflexionar sobre nuestro profundo deseo de prevenir toda repetición de tamaña catástrofe euro- pea e internacional, nos congratulamos de los progresos efectuados a lo largo de los últimos 60 años en orden a superar el trágico legado de la Segunda Guerra Mundial, y al servicio de una paz y de una seguridad fundada en la reconciliación, en la cooperación regional e internacional y en el fomento de los valores democráticos, y valiéndose en particular para dicho fin de la labor de las Naciones Unidas y del desarrollo de organizaciones de ámbito regional. Recordamos la importante función desempeñada, a este respecto, durante los tres últimos decenios por la CSCE y la OSCE.
Recordando el Acta Final de Helsinki, la Carta de París para una Nueva Europa, la Carta sobre la Seguridad Europea y otros documentos concertados en el seno de la OSCE, declaramos que no ahorraremos esfuerzo alguno por evitar la emergencia de nuevas líneas divisorias en el área de la OSCE y que obraremos en aras de eliminar toda fuente de hostilidad, de tensiones o de confron- tación. Estamos decididos a proseguir nuestro esfuerzo colectivo con miras a crear un espacio de seguridad común e indivisible en el área de la OSCE, basado en la democracia, el Estado de dere- cho, la prosperidad económica, la justicia social y el respeto de los derechos humanos y de las liber- tades fundamentales, así como de los derechos de personas pertenecientes a minorías nacionales.
Hemos aprendido de la historia el peligro de la intolerancia, la discriminación, el extremismo y el odio basados en motivos étnicos, raciales o religiosos. Nos hemos comprometido a combatir tales amenazas, particularmente a través de la actuación de la OSCE, y rechazamos toda tentativa por justificar cualquiera de ellas.
Condenamos con firmeza toda denegación del Holocausto. Condenamos toda forma de limpieza étnica. Confirmamos nuestra adhesión a la Convención de las Naciones Unidas para la Preven- ción y la Sanción del Crimen de Genocidio, que se aprobó el 9 de diciembre de 1948. Exhortamos a los Estados participantes a que adopten toda medida que sea posible para asegurarse de que se frutará toda nueva tentativa de genocidio actual o futura. Los culpables de tales crímenes deben ser llevados ante la justicia.
El paso del tiempo ha presenciado la emergencia de nuevas amenazas y desafíos, entre los que cabe señalar, por su índole particularmente peligrosa, al terrorismo. Combatiremos juntos esta creciente amenaza, uniendo nuestros esfuerzos y recursos, y defendiendo nuestros comunes principios. Nos esforzaremos, particularmente a través de la OSCE, por combatir al terrorismo y a todo otro desa- fío que pueda amenazar nuestra seguridad.
Estamos convencidos de que la solución pacífica de todo conflicto existente y la observancia de las normas del derecho internacional y de los objetivos y principios de la Carta de las Naciones Unidas, así como la observancia de los compromisos enunciados en el Acta Final de Helsinki y en todo otro documento concertado en el seno de la OSCE, constituyen el mejor homenaje que se puede tributar
244 Sofía 2004
a aquellos que combatieron por la paz, la libertad, la democracia y la dignidad humana, y la mejor forma de conmemorar a todas las víctimas de la Segunda Guerra Mundial, a fin de poder superar el pasado, y de preservar a las generaciones actuales y futuras del flagelo de la guerra y la violencia.
IV. Decisiones del Consejo Ministerial
Decisión Nº 3/04
Lucha contra la utilización de Internet para fines terroristas
El Consejo Ministerial,
Consciente de que las resoluciones 1373 (2001) y 1566 (2004) del Consejo de Seguridad de las Nacio- nes Unidas son una piedra angular del marco jurídico internacional que se está alzando frente al terrorismo, Decidido a seguir intensificando sus esfuerzos por que se cumplan los compromisos vigentes en la OSCE en lo relativo a la lucha contra el terrorismo, tal y como pueden verse enun- ciados en la Carta de la OSCE para la Prevención y Lucha contra el Terrorismo, en la Decisión Nº 1 del Consejo Ministerial de Oporto relativa al cumplimiento de los compromisos y actividades de la OSCE en la lucha contra el terrorismo, en el Plan de Acción de Bucarest para la Lucha con- tra el Terrorismo y en la Estrategia de la OSCE frente a las amenazas contra la seguridad y la esta- bilidad en el siglo XXI,
Recordando el Convenio del Consejo de Europa contra el Ciberdelito (noviembre de 2001) y otros instrumentos pertinentes dimanantes de este foro, así como los resultados de la Conferencia del Consejo de Europa frente a la Amenaza del Ciberdelito,
Recordando la Reunión de la OSCE sobre la conexión entre la propaganda racista, xenófoba y anti- semita por Internet y ciertos delitos suscitados por el odio (París, 15 y 16 de junio de 2004), Preo- cupado por la creciente utilización de Internet por las organizaciones terroristas: • para identificar y reclutar a posibles miembros, • para recaudar y transferir fondos, • para organizar atentados terroristas, • para instigar actos terroristas, sobre todo valiéndose de dicha red para su propaganda,
Decide que los Estados participantes intercambien información acerca de la utilización de Internet para fines terroristas y definan posibles estrategias para combatir esa amenaza, sin dejar de velar por el respeto de las obligaciones y las normas internacionales en materia de derechos humanos, particularmente las concernientes al derecho de la persona a su privacidad y a la libertad de opi- nión y de expresión;
Encomienda al Secretario General que organice en 2005, en cooperación con Interpol y con otras organizaciones internacionales interesadas, un taller de expertos para intercambiar información acerca del alcance de esta amenaza, así como sobre el marco legal e institucional disponible para combatirla, y que estudie la posibilidad de adoptar medidas para reforzar la cooperación interna- cional al respecto.
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Decisión Nº 11/04
La Lucha contra la corrupción
El Consejo Ministerial,
Reafirmando que la corrupción constituye uno de los principales obstáculos para la prosperidad y el desarrollo sostenible de los Estados participantes, ya que no sólo socava su estabilidad y segu- ridad, sino que amenaza además los valores comunes de la OSCE,
Decidido a seguir intensificando sus esfuerzos para que se apliquen los compromisos vigentes en la OSCE en lo relativo a la lucha contra la corrupción, conforme pueden verse enunciados en la Carta sobre la Seguridad Europea aprobada en la Cumbre de la OSCE, en Estambul en 1999, y en el Documento Estratégico de la OSCE para la Dimensión Económica y Medioambiental, apro- bado en Maastricht en 2003,
Reafirmando su compromiso de dar prioridad a la eliminación de toda forma de corrupción y de aplicar medidas efectivas y enérgicas contra la misma, velando, en particular, por la debida apli- cación de la ley y de todo programa introducido para combatirla,
Recordando que la lucha contra la corrupción requiere que los Estados participantes adopten una estrategia integral y a largo plazo contra la misma,
Consciente de la importancia de la labor realizada sobre este tema por otras organizaciones inter- nacionales, particularmente por la Oficina de las Naciones Unidas contra la Droga y el Delito (ONUDD), el Consejo de Europa (CdE) y la Organización de Cooperación y Desarrollo Econó- micos (OCDE),
Reconociendo que la Convención de las Naciones Unidas contra la Corrupción, aprobada por la Asamblea General de las Naciones Unidas, el 31 de octubre de 2003 en Nueva York, constituye un avance fundamental hacia una mayor cooperación internacional contra la corrupción, y brinda la oportunidad de dar una respuesta de alcance mundial a este problema,
Alienta a los Estados participantes en la OSCE a que, si aún no lo han hecho, firmen y ratifiquen lo antes posible la Convención de las Naciones Unidas contra la Corrupción a fin de obtener su pronta entrada en vigor, y a que la cumplan plenamente.
Encarga a la Secretaría de la OSCE que preste apoyo, particularmente a través de la Oficina del Coordinador de las Actividades Económicas y Medioambientales de la OSCE (OCAEM), a todo Estado participante interesado, en orden a la movilización de ayuda técnica, particularmente en forma de recursos y de servicios periciales necesarios, prestados por otras organizaciones inter- nacionales, obrando en el marco de su respectivo mandato, para la ratificación y la aplicación de la Convención de las Naciones Unidas contra la Corrupción.
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Decisión Nº 12/04
Tolerancia y no discriminación
El Consejo Ministerial,
Consciente de que el respeto de los derechos humanos y de las libertades fundamentales, así como de la democracia y del Estado de derecho están en la propia médula del concepto integral adop- tado por la OSCE en materia de seguridad,
Recordando sus compromisos en la esfera de la dimensión humana, consagrados en el Acta Final de Helsinki, en la Carta de París para una Nueva Europa, en la Carta sobre la Seguridad Europea (Cumbre de Estambul, 1999) y en otros documentos y decisiones pertinentes de la OSCE,
Recordando la Decisión Nº 4/03 relativa a la tolerancia y la no discriminación, adoptada en la Undé- cima Reunión del Consejo Ministerial en Maastricht, el 2 de diciembre de 2003, Felicitándose de la labor efectuada por la OSCE durante el año 2004 para promover la tolerancia y la no discriminación,
1. Toma nota con agrado de la Declaración que el Presidente en ejercicio de la OSCE hizo con oca- sión de la Conferencia de la OSCE sobre el antisemitismo, que tuvo lugar en Berlín los días 28 y 29 de abril de 2004 (“Declaración de Berlín”) y su Declaración en la Conferencia de la OSCE sobre tolerancia y lucha contra el racismo, la xenofobia y la discriminación, que tuvo lugar en Bruselas los días 13 y 14 de septiembre de 2004 (“Declaración de Bruselas”);
2. Hace suyas la Decisión del Consejo Permanente relativa a la lucha contra el antisemitismo (PC. DEC/607), así como su Decisión relativa a la tolerancia y la lucha contra el racismo, la xenofobia y la discriminación (PC.DEC/621) y su Decisión relativa al fomento de la tolerancia y de la liber- tad de los medios informativos en Internet (PC.DEC/633), que se adjuntan a la presente decisión;
3. Decide, además, seguir intensificando sus esfuerzos en pro de la aplicación de las tres decisiones antedichas, lo cual abarca los compromisos asumidos en los ámbitos de la educación, los medios informativos, la legislación y su aplicación policial, la migración y la libertad religiosa, entre otros;
4. Decide dar seguimiento a la labor iniciada en 2003 y que fue proseguida en la Conferencia de la OSCE sobre el Antisemitismo (Berlín, 28 y 29 de abril de 2004), en la Reunión de la OSCE sobre la relación entre la propaganda racista, xenófoba y antisemita por Internet y los delitos motiva- dos por el odio (París, 16 y 17 de junio de 2004), y en la Conferencia de la OSCE sobre toleran- cia y lucha contra el racismo, la xenofobia y la discriminación (Bruselas, 13 y 14 de septiembre de 2004). Acepta, asimismo, con beneplácito la oferta que ha hecho España de acoger en Córdoba, en junio de 2005, la Conferencia de la OSCE contra el antisemitismo y toda otra forma de intolerancia;
5. Se felicita por la intención del Presidente en ejercicio de nombrar, de conformidad con la Deci- sión Nº 8 del Consejo Ministerial de Oporto, a tres representantes personales suyos, como parte del esfuerzo general de la OSCE contra la discriminación y en aras de la tolerancia. Los gastos de los representantes personales se sufragarán con cargo a contribuciones extrapresupuestarias
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Anexo de la Decisión Nº 12/04 Decisión Nº 607 del Consejo Permanente
Lucha contra el Antisemitismo
(PC.DEC/607 de 22 de abril de 2004)
El Consejo Permanente,
Teniendo en cuenta la próxima Conferencia de la OSCE sobre el Antisemitismo que tendrá lugar en Berlín los días 28 y 29 de abril de 2004,
Reafirmando los compromisos vigentes de los Estados participantes relacionados con la lucha con- tra el antisemitismo, y
Con el fin de reforzar nuestra tarea común de lucha contra el antisemitismo en toda la región de la OSCE, Decide que,
1. Los Estados participantes se comprometen a: • Esforzarse por asegurar que sus sistemas jurídicos fomentan un entorno seguro, libre de acoso, violencia o discriminación antisemitas en todas las esferas de la vida; • Promover, si procede, programas educativos para combatir el antisemitismo; • Promover el recuerdo y, si es del caso, la educación acerca de la tragedia del Holocausto, así como la importancia de que se respete a todos los grupos étnicos y religiosos; • Luchar contra los delitos motivados por el odio, que pueden ser provocados por la propaganda racista, xenófoba y antisemita en los medios informativos y en Internet; • Alentar y apoyar los esfuerzos de las organizaciones internacionales y las ONG en esas esferas; • Recopilar y conservar información y estadísticas fidedignas acerca de delitos antisemitas y otros delitos motivados por el odio que se cometan en su territorio, así como a presentar periódica- mente dicha información a la Oficina de Instituciones Democráticas y Derechos Humanos de la OSCE (OIDDH), y a ponerla a disposición del público; • Esforzarse por facilitar a la OIDDH los recursos adecuados para que cumpla las tareas acor- dadas en la Decisión Ministerial de Maastricht relativa a la tolerancia y la no discriminación; • Colaborar con la Asamblea Parlamentaria de la OSCE con el fin de determinar las formas ade- cuadas de revisar periódicamente el problema del antisemitismo; • Alentar intercambio oficioso entre expertos, en los foros adecuados, sobre prácticas óptimas y experiencias en las esferas de enseñanza y cumplimiento de la ley;
2. Encarga a la OIDDH que: • Siga muy de cerca, en plena cooperación con otras instituciones de la OSCE así como con el Comité de las Naciones Unidas para la Eliminación de la Discriminación Racial (UNCERD), la Comisión Europea contra el Racismo y la Intolerancia (ECRI), el Observatorio Europeo del Racismo y la Xenofobia (EUMC) y otras instituciones internacionales y ONG pertinentes, los incidentes antisemitas que se registren en la zona de la OSCE, haciendo uso de toda la infor- mación fidedigna disponible; • Informe sobre sus conclusiones al Consejo Permanente y a la Reunión de Aplicación sobre Cues- tiones de la Dimensión Humana, y que haga públicas esas conclusiones. Los informes deberán tenerse en cuenta al decidir las prioridades de la labor de la OSCE en la zona de intolerancia;
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• Recopile y divulgue sistemáticamente en toda la zona de la OSCE información sobre las mejores prácticas para prevenir el antisemitismo y responder a ese problema y, si se le pide, que brinde asesoramiento a los Estados participantes en sus esfuerzos por combatir el antisemitismo;
3. Pida al Presidente en ejercicio que ponga la presente decisión en conocimiento de los partici- pantes en la próxima Conferencia de Berlín, y que la incorpore a su declaración de clausura de la Conferencia;
4. Que presente la presente decisión al Consejo Ministerial para que la respalde en su Duodécima Reunión.
Anexo de la Decisión Nº 12/04 Decisión Nº 621 del Consejo Permanente
Tolerancia y lucha contra el racismo, la xenofobia y la discriminación
(PC.DEC/621 de 29 de julio de 2004)
El Consejo Permanente,
Teniendo en cuenta la proximidad de la Conferencia de la OSCE sobre Tolerancia y Lucha contra el Racismo, la Xenofobia y la Discriminación que se celebrará en Bruselas los días 13 y 14 de sep- tiembre de 2004, Recordando la Decisión del Consejo Ministerial de Maastricht sobre la Toleran- cia y la No Discriminación (MC.DEC/4/03), así como la Conferencia de la
OSCE sobre el Antisemitismo que se reunió en Berlín los días 28 y 29 de abril de 2004, la Reu- nión de la OSCE sobre la relación entre la propaganda racista, xenófoba y antisemita por Internet y los delitos motivados por el odio que tuvo lugar en París los días 16 y 17 de junio de 2004, y los resultados de dichos actos,
Reafirma los compromisos ya asumidos por los Estados participantes en lo relativo al fomento de la tolerancia y la no discriminación, y
A fin de reforzar la lucha que hemos emprendido en común contra toda manifestación de intole- rancia en el área de la OSCE,
Decide,
1. Dejar constancia del compromiso asumido por los Estados participantes de: • Considerar la conveniencia de promulgar en su territorio o de fortalecer, cuando proceda, toda norma legal por la que se prohiba la discriminación por motivos de raza, color, sexo, idioma, reli- gión, convicciones políticas o de otra índole, origen social o nacional, o por razones de riqueza, nacimiento o de otra índole; • Promover y reforzar, cuando proceda, todo programa educativo por el que se fomente la tole- rancia y se combata el racismo, la xenofobia y la discriminación; • Promover y facilitar un diálogo interreligioso e intercultural de índole abierta y transparente y toda forma de asociación al servicio de la tolerancia y del mutuo respeto y entendimiento, así como obrar en orden a facilitar el ejercicio de la libertad de toda persona a profesar o practicar su creencia religiosa o de otra índole, sola o en comunidad con otros, particularmente mediante la introducción de normas legales y reglamentarias y de prácticas y políticas transparentes y no discriminatorias;
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• Adoptar medidas para reprimir todo acto de violencia o de discriminación contra los musul- manes en el área de la OSCE; • Adoptar, con arreglo al orden jurídico interno y a las obligaciones internacionales, medidas con- tra todo acto de discriminación, intolerancia y xenofobia dirigido contra la población migrante o contra trabajadores migrantes; • Considerar la organización de actividades que den a conocer al público el aporte enriquecedor de la población migrante y de los trabajadores migrantes a la sociedad; • Luchar contra todo delito inspirado en el odio y que pueda estar motivado por propaganda racista, xenófoba y antisemita difundida a través de los medios informativos o de Internet, y denunciar oportunamente y, conforme proceda, públicamente dichos delito; • Considerar la introducción de programas de adiestramiento profesional para personal de la judicatura y de los cuerpos de seguridad, sobre la normativa legal y la práctica policial aplicable contra los delitos inspirados en el odio; • Alentar el fomento de la tolerancia, del diálogo y del mutuo respeto y entendimiento a través de los medios informativos, así como de Internet; • Alentar y apoyar los esfuerzos de las organizaciones internacionales y las ONG en esas esferas; • Reunir datos fiables sobre delitos inspirados en el odio y motivados por el racismo, la xenofo- bia u otras formas conexas de intolerancia y de discriminación, que sean cometidos en su terri- torio, llevando estadísticas y ficheros fiables al respecto, así como remitiendo periódicamente dicha información a la Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH) de la OSCE y facilitándola al público en general; • Examinar la posibilidad de establecer en cada país algún órgano competente que esté encargado del fomento de la tolerancia y de la lucha contra el racismo, la xenofobia y la discriminación o contra toda otra forma de intolerancia conexa, particularmente cuando vaya dirigida contra musulmanes, y de la lucha contra el antisemitismo; • Procurar facilitar a la OIDDH los recursos adecuados para cumplir las tareas acordadas en la Decisión Ministerial de Maastricht sobre la Tolerancia y la No Discriminación; • Buscar, junto con la Asamblea Parlamentaria de la OSCE, alguna fórmula adecuada para exa- minar periódicamente los problemas dimanantes del racismo, la xenofobia y la discriminación; • Alentar todo intercambio posible de información entre expertos, en los foros en donde proceda, sobre las mejores prácticas existentes y la experiencia adquirida en tareas de vigilancia interna y de educación;
2. Encomendar a la OIDDH que: • Siga de cerca, en régimen de plena cooperación con las demás instituciones de la OSCE, así como con el Comité de las Naciones Unidas para la Eliminación de la Discriminación Racial, la Ofi- cina del Alto Comisionado de las Naciones Unidas para los Derechos Humanos (ACNUDH), la Comisión Europea contra el Racismo y la Intolerancia, el Observatorio Europeo del Racismo y la Xenofobia (EUMC) y con toda otra institución internacional u ONG que proceda, todo inci- dente motivado por el racismo, la xenofobia o alguna otra causa de intolerancia conexa, dirigida en particular contra los musulmanes, o por el antisemitismo en el área de la OSCE, valiéndose para dicho fin de toda información fidedigna disponible; • Dé cuenta de sus conclusiones ante el Consejo Permanente y ante la Reunión para la Aplicación de la Dimensión Humana y dé asimismo a conocer al público dichas conclusiones. Toda infor- mación facilitada al respecto deberá ser tenida en cuenta al irse a fijar las prioridades de la labor de la OSCE en lo relativo a la intolerancia;
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• Reúna y difunda sistemáticamente información, por toda el área de la OSCE, sobre las mejores prácticas para evitar y responder a todo acto de racismo, xenofobia y discriminación, y preste además asesoramiento a los Estados participantes, que lo soliciten, en su lucha contra el racismo, la xenofobia y la discriminación; • Preste apoyo al desarrollo de asociaciones y otros recursos de la sociedad civil contra el racismo, la xenofobia, la discriminación o contra toda otra forma de intolerancia conexa, particularmente de la dirigida contra los musulmanes, y contra el antisemitismo;
3. Pedir al Presidente en ejercicio que haga llegar la presente decisión a los participantes en la próxima Conferencia de Bruselas sobre este mismo tema, pidiéndoles que incorporen su conte- nido a la declaración por la que se clausure dicha Conferencia;
4. Remitir la presente decisión al Consejo Ministerial para que le dé su aprobación con ocasión de su Duodécima Reunión.
Anexo a la Decisión Nº 12/04 Decisión Nº 633 del Consejo Permanente
Fomento de la tolerancia y la libertad de los medios informativos en Internet
(PC.DEC/633 de 11 de noviembre de 2004) El Consejo Permanente,
Reafirmando los compromisos contraídos en la Reunión del Consejo Ministerial en Maastricht para luchar contra los crímenes motivados por el odio, que pueden ser incitados por propaganda racista, xenófoba y antisemita en Internet,
Reafirmando la importancia de que se respete plenamente el derecho a la libertad de opinión y de expresión, lo cual incluye la libertad de buscar, recibir y difundir información, factores que son vitales para la democracia y que, de hecho, están reforzados por Internet,
Recordando los compromisos de recabar y llevar estadísticas y de mantener fuentes fidedignas de información sobre delitos suscitados por el odio y motivados por el racismo, la xenofobia y el antisemitismo, y por toda forma de intolerancia o discriminación conexa, así como de remitir este tipo de información periódicamente a la Oficina de Instituciones Democráticas y Derechos Huma- nos (OIDDH) de la OSCE, y de ponerla a disposición del público, compromisos que pueden verse enunciados en la decisión del Consejo Permanente relativa a la lucha contra el antisemitismo (PC. DEC/607) y en la decisión del Consejo Permanente relativa a la tolerancia y lucha contra el racismo, la xenofobia y la discriminación (PC.DEC/621),
Haciendo hincapié en la importancia de promover la tolerancia, el respeto mutuo, el diálogo y el entendimiento, particularmente a través de los medios informativos e Internet, en el marco de estrategias basadas en una amplia gama de medidas,
Decide que:
1. Los Estados participantes deberán adoptar medidas para velar por que Internet siga siendo un foro abierto y público al servicio de la libertad de opinión y de expresión, conforme pueden verse consagradas en la Declaración Universal de Derechos Humanos, y con el fin de promover el acceso a Internet tanto en el hogar como en los centros escolares;
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2. Los Estados participantes deberán investigar y, si procede, enjuiciar todo acto de violencia o amenaza de violencia de tipo delictivo que esté motivado por ideas racistas, xenófobas, antisemi- tas o conexas difundidas por Internet;
3. Los Estados participantes deberán formar a personal de la policía y del ministerio fiscal en cómo debe responderse a la delincuencia motivada por la difusión en Internet de propaganda racista, xenófoba, antisemita o conexa, y deberán compartir información sobre todo programa formativo que haya tenido éxito, en el curso de sus intercambios sobre prácticas recomendables;
4. El Representante de la OSCE para la Libertad de los Medios de Comunicación deberá seguir obrando en aras del fomento de la libertad de acceso y de expresión por Internet y deberá man- tenerse al corriente de toda novedad importante observable a este respecto en cualquiera de los Estados participantes. Deberá además preconizar y promover la observancia de los principios y compromisos de la OSCE. Cabe citar al respecto su deber de alertar prontamente respecto de toda medida por la que se restrinja la expresión de ideas racistas, xenófobas, antisemitas o simila- res que sea impuesta de modo discriminatorio o selectivo al servicio de fines políticos y que pueda prestarse a que se limite la libertad de expresar opiniones o pareceres meramente alternativos;
5. Los Estados participantes deberán evaluar la eficacia de toda medida legal o de otra índole por la que se regule el contenido de la información distribuida por Internet, prestando particular aten- ción a su efecto sobre el índice de la delincuencia racista, xenófoba o antisemita;
6. Los Estados participantes deberán alentar y fomentar un estudio analítico riguroso de la posi- ble relación entre la expresión de ideas racistas, xenófobas, antisemitas o similares y la delincuen- cia motivada por esas ideas;
7. La OSCE fomentará todo intercambio de información destinado a identificar vías eficaces para responder a la difusión de propaganda racista, xenófoba y antisemita por Internet, que no supon- gan a la vez un peligro para la libertad de información y de expresión. La OSCE creará oportuni- dades, particularmente en el marco de su Reunión anual de Aplicación de la Dimensión Humana, para promover el intercambio de prácticas recomendables al respecto;
8. Los Estados participantes deberán fomentar el establecimiento de programas que sirvan para educar a la juventud y a la población escolar frente a toda propaganda racista, xenófoba, antise- mita o de índole similar con la que puedan tropezar en Internet. Asimismo, y según proceda, los Estados participantes y los proveedores de servicios por Internet deberán adoptar medidas para dar a conocer mejor entre los progenitores la abundancia de programas de filtrado informático existentes con los que podrán controlar y supervisar mejor la utilización por sus hijos del Inter- net. Deberá difundirse más ampliamente, como parte de los intercambios de prácticas recomen- dables, el conocimiento, entre los padres, de la existencia de aquellos programas educativos y de filtrado informático que hayan tenido éxito;
9. Los Estados participantes deberían facilitar la labor continua y creciente de las ONG en orden a la vigilancia del contenido racista, xenófobo o antisemita de la información difundida por Inter- net, así como su labor en orden a difundir y dar a conocer mejor los resultados de dicha labor.
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Decisión Nº 13/04
Medidas especiales de amparo y asistencia para los niños víctimas de la trata
El Consejo Ministerial,
Al volver a afirmar la firmeza de los compromisos asumidos por los Estados participantes en el ámbito de la lucha contra la trata de personas, especialmente la Decisión Nº 1 del Consejo Minis- terial de Viena adoptada en el año 2000, la Declaración del Consejo Ministerial de Oporto sobre la Trata de Personas aprobada en el año 2002 y la Decisión Nº 2/03 del Consejo Ministerial de Maas- tricht en el año 2003, por la que el Consejo decidió hacer suyo el Plan de Acción de la OSCE con- tra la Trata de Personas, y estableció, bajo el patrocinio del Consejo Permanente, un mecanismo de la OSCE destinado a prestar asistencia a los Estados participantes en la lucha contra la trata de personas, mecanismo que consta de dos piezas, mutuamente complementarias: un Representante Especial, nombrado por la Presidencia en ejercicio, y una dependencia especial creada en el seno de la Secretaría de la OSCE,
Recordando la Conferencia sobre la Dimensión Humana de la CSCE, reunida en Copenhague en 1990, en la que, entre otras cosas, se declara que: Los Estados participantes deciden prestar par- ticular atención al reconocimiento de los derechos del niño, sus derechos civiles y sus libertades individuales, sus derechos económicos, sociales y culturales y su derecho a una protección espe- cial contra todas las formas de violencia y explotación.
Recordando asimismo los principios relativos a la protección y al respeto de los derechos huma- nos, conforme han quedado reflejados en la Convención de las Naciones Unidas de 1989 sobre los Derechos del Niño, y en su Protocolo facultativo del año 2000 relativo a la venta de niños, la pros- titución infantil y la utilización de niños en la pornografía, así como en el Protocolo de las Nacio- nes Unidas para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños del año 2000, que complementa a la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional, y en el Convenio de La Haya de 1993 relativo a la protección del niño y la cooperación en materia de adopción internacional,
Teniendo presente que todo Estado participante de asumir su la responsabilidad primaria de luchar contra la trata, basándose en una estrategia integrada y coordinada que incluya la preven- ción de la trata, el amparo de las víctimas y el encausamiento de todo autor de un delito de trata, así como de sus cómplices,
Reafirmando que los principios generales del interés superior del niño, la no discriminación, el derecho a la participación y la supervivencia, así como al desarrollo, forman, junto con otros, el marco que ha de respetarse en toda medida que se adopte concerniente a la infancia,
Deseoso de que la OSCE siga reforzando su labor al servicio de la lucha contra la trata de perso- nas, y siga dando curso con diligencia al Plan de Acción de la OSCE contra la Trata de Personas, y deseoso asimismo de que la Organización siga prestando apoyo a los Estados participantes, si así lo solicitan, en su respectiva labor interna en este ámbito,
Teniendo particularmente en cuenta las recomendaciones, enunciadas en el Plan de Acción de la OSCE contra la Trata de Personas, de que la OSCE preste especial atención a la cuestión de la trata de niños, y de que se reconozca asimismo la vulnerabilidad de los niños faltos de compañía o con progenitores separados,
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Consciente de que los Estados participantes se han comprometido a proteger a los niños contra toda forma de violencia y, particularmente, de explotación sexual, e insistiendo en la importancia de respetar sus necesidades especiales en materia de amparo y asistencia, y de que el niño pueda hacerse oír,
Insistiendo además en que las medidas contra la trata de niños han de estar inspiradas en una pers- pectiva de género, y ser de índole no discriminatoria,
Subrayando que el interés superior del niño ha de ser el criterio primordial a la hora de tomar deci- siones relativas a los niños que sean víctimas de la trata, velando, en particular, por que esos niños cuenten con la asistencia o representación letrada que sea del caso,
Consciente de que es necesario prestar asistencia efectiva al niño y disponer de un marco que los ampare, así como mentalizar a la opinión pública contra la demanda que alimenta todas las moda- lidades de explotación sexual de la persona, especialmente de mujeres y de niños, y que aumenta el riesgo de que los niños sean objeto de la trata,
1. Decide intensificar los esfuerzos de la OSCE destinados a evitar que los niños sean objeto de la trata, amparando a los niños víctimas de la trata y prestándoles asistencia, así como facilitando el encausamiento de los autores de la trata de niños, conforme se recomienda en el Plan de Acción de la OSCE contra la Trata de Personas;
2. Alienta a los Estados participantes a que refuercen las estructuras públicas creadas al servicio del niño. Alienta asimismo a los Estados participantes a que intensifiquen, según proceda y conforme a lo recomendado a los Estados participantes en el Plan de Acción de la OSCE contra la Trata, su lucha contra aquellos factores que coadyuvan a hacer que los niños sean particularmente vulnera- bles a ser víctimas de la trata, prestando particular atención a: toda discriminación por motivos de raza, género, religión o creencia, o basada en el origen nacional o social de una persona, su naci- miento, o alguna otra condición personal; y a toda forma de explotación, entendida conforme a lo definido en el Plan de Acción de la OSCE contra la Trata de Personas; y todo supuesto de pobreza o de carencia de educación y de desplazamiento indebido;
3. Conviene en que debe reforzarse la lucha contra esa demanda sexual, luchando en particular con- tra el turismo sexual a expensas del niño. En este contexto, invita asimismo a los Estados participan- tes a que adopten medidas legales dirigidas al encausamiento de cualquiera de sus ciudadanos por delitos de abuso sexual de niños, incluso en casos en que esa explotación tenga lugar en otro país;
4. Encomienda al Consejo Permanente que prepare, para el próximo 31 de julio, obrando por con- ducto de su Grupo informal de trabajo sobre la igualdad entre los géneros y lucha contra la trata, y con el apoyo, entre otros, del Representante Especial contra la trata de personas, así como de otras estructuras pertinentes de la OSCE, una adición del Plan de Acción de la OSCE contra la Trata de Personas, destinada a facilitar su puesta en práctica, por la que se trate de atender a las nece- sidades especiales de los niños víctimas de la trata, particularmente en materia de amparo y asis- tencia, que incluirá un resumen de prácticas recomendadas, a fin de que se adopte toda nueva medida que sea del caso;
5. Invita al Grupo informal de Trabajo a que emprenda pronto esta labor, inspirándose en los com- promisos contraídos por los Estados participantes en virtud de los convenios internacionales en los que sean parte, a fin de que se atienda debidamente a la necesidad de proveer medidas especia- les de amparo para el niño, teniendo siempre presente el interés superior del niño y su bienestar.
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Decisión Nº 14/04
Plan de Acción 2004 de la OSCE para el Fomento de la Igualdad entre los Géneros
El Consejo Ministerial,
Recordando que, en la Cumbre de la OSCE en Estambul en 1999, los Jefes de Estado o de Gobierno declararon que “El pleno y equitativo ejercicio por la mujer de sus derechos humanos es un factor indispensable para conseguir un área de la OSCE más pacífica, próspera y democrática. Estamos decididos a hacer que la igualdad entre hombres y mujeres forme parte integrante de nuestras polí- ticas, tanto a nivel de nuestros Estados como en el seno de la Organización”*,
Recordando el Plan de Acción de 2000† para la equiparación de ambos géneros, creado para velar por que los compromisos de la OSCE relativos a la igualdad de derechos y de oportunidades para mujeres y hombres sean debidamente tenidos en cuenta por los Estados participantes, así como en la labor práctica de las instituciones y de las misiones de la OSCE sobre el terreno,
Consciente de que la igualdad de derechos entre mujeres y hombres, y el amparo de sus derechos humanos es un factor esencial para la paz, la democracia sostenible y el desarrollo económico y, por tanto, para la seguridad y la estabilidad en toda la región de la OSCE,
Recordando la Plataforma de Acción de Beijing adoptada por la Cuarta Conferencia Mundial sobre la Mujer, y los resultados del vigesimotercer período extraordinario de sesiones de la Asamblea General en 2000, que se reunió bajo el lema: “La mujer en el año 2000: igualdad entre los géneros, desarrollo y paz para el siglo XXI”,
Recordando la resolución 1325 (2003)‡ del Consejo de Seguridad de las Naciones Unidas, en la que se pide una participación plena y equitativa de la mujer en todo proceso decisorio concerniente a la prevención de conflictos y a la reconstrucción posconflicto, y se insiste en la importancia de que participe plena y equitativamente en toda iniciativa al servicio del fomento y del mantenimiento de la paz y de la seguridad,
Consciente de la necesidad de incorporar adecuadamente una perspectiva de género a las activida- des llevadas a cabo bajo la égida de la OSCE, y de que los Estados participantes tomen toda medida que sea necesaria para promover la igualdad de derechos y la participación plena y equitativa de la mujer y del hombre en la sociedad, con objeto de fomentar la práctica de la igualdad entre los géneros y la incorporación de una perspectiva de género en toda§ el área de la OSCE, como factor esencial de una seguridad genuinamente integral,
* Carta sobre la Seguridad Europea, párrafo 23. † Decisión Nº 353 del Consejo Permanente, de 1 de junio de 2000. ‡ Aprobada por el Consejo de Seguridad en su 4213ª sesión, el 31 de octubre de 2000. § La incorporación de la perspectiva de género es el proceso de evaluación de las consecuencias para las mujeres y los hombres de cualquier actividad planificada, inclusive las leyes, políticas o programas, en todos los sec- tores y a todos los niveles. Constituye a la vez una estrategia destinada a hacer que las preocupaciones y expe- riencias de las mujeres, así como de los hombres, sean un elemento integrante de la elaboración, la aplicación, la supervisión y la evaluación de las políticas y los programas en todas las esferas políticas, económicas y socia- les, a fin de que las mujeres y los hombres se beneficien por igual y se impida que se perpetúe la desigualdad. El objetivo final es lograr la igualdad entre los géneros”. Véase los Documentos Oficiales de la Asamblea Gene- ral, 52º Período de sesiones, Suplemento Nº 3 (A/52/3/Rev.1), capítulo IV, párrafo 4.
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Subrayando la necesidad de que la OSCE siga desarrollando y reforzando un proceso continuo y sostenible de equiparación de los géneros, y de que promueva una cultura de gestión y un entorno profesional que sea sensible a la equiparación de los géneros en la contratación de personal, sobre todo para puestos del cuadro orgánico o de categoría superior, de conformidad con lo dispuesto en el Estatuto del Personal de la OSCE,
Decide hacer suyo el Plan de Acción 2004 para el Fomento de la Igualdad entre los Géneros, apro- bado por el Consejo Permanente en su Decisión Nº 638, de 2 de diciembre de 2004, que figura en anexo a la presente Decisión.
Anexo de la Decisión Nº 14/04
Plan de Acción 2004 de la OSCE para el Fomento de la Igualdad entre los Géneros
“La paz y el bienestar del mundo requieren la máxima participación posible de mujeres, en condi- ciones de igualdad con el hombre, en todas las esferas.”*
1. El respeto de los derechos humanos y de las libertades fundamentales del ciudadano, así como de la democracia y del Estado de derecho, es esencial al concepto global de la seguridad adoptado por la OSCE. Carta sobre la Seguridad Europea, aprobada en la Cumbre de Estambul de 1999, se declaraba lo siguiente: La Carta sobre la Seguridad Europea aprobada en la Cumbre de Estam- bul declara que “El pleno y equitativo ejercicio por la mujer de sus derechos humanos es un factor indispensable para conseguir un área de la OSCE más pacífica, próspera y democrática. Estamos decididos a hacer que la igualdad entre hombres y mujeres forme parte integrante de nuestras polí- ticas, tanto a nivel de nuestros Estados como en el seno de la Organización”.
2. En su calidad de organismo o entidad de ámbito regional, conforme a lo estatuido en el capítulo VIII de la Carta de las Naciones Unidas, la OSCE constituye un instrumento esencial de alerta temprana y al servicio de la prevención de conflictos, la gestión de crisis y la rehabilitación pos- conflicto en el ámbito de su región. En el área de la OSCE va siendo cada vez más evidente que la seguridad, la democracia y la prosperidad están estrechamente vinculadas entre sí. La libertad eco- nómica, la justicia social y el sentido de la responsabilidad para con el medio ambiente son facto- res indispensables par el logro de la prosperidad. Para poder llevar a cabo sus tareas y lograr sus objetivos, es esencial que la Organización, obrando en colaboración con sus Estados participan- tes, invierta como es debido en su capital humano.
3. La adopción efectiva de una perspectiva de género, en aras de la igualdad, es un factor impor- tante para el pleno aprovechamiento del capital humano disponible en el área de la OSCE. La igual- dad entre los géneros coadyuvará a la seguridad global de dicha área, que constituye la meta de la actividad desplegada por la OSCE en cada una de sus tres dimensiones. La adopción de una pers- pectiva de género es una de las vías a seguir para el logro de dicha meta. Esa perspectiva deberá, por ello, ser tenida en cuenta en las actividades, proyectos y programas de la OSCE, a fin de que la Organización logre equiparar al personal de uno y otro género en el marco de sus propias opera- ciones, y obre en aras de lograrlo en cada Estado participante. El fomento de la igualdad entre el hombre y la mujer, como factor integrante de la política y de las prácticas de la OSCE, constituye una responsabilidad conjunta que ha de ser asumida, como tal, por los Estados participantes, el Presidente en ejercicio, el Secretario General, y los jefes de institución y de misión. Deberá tenerse presente, al emprender esta tarea, que para que la igualdad entre los géneros llegue a ser realidad,
* Resolución 34/180 de la Asamblea General de las Naciones Unidas, 18 de diciembre de 1979 (Comité para la Eliminación de la Discriminación contra la Mujer).
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en cualquier esfera o a cualquier nivel de la sociedad, es preciso que tanto el hombre como la mujer perciban el provecho que les reportará dicho cambio.
I. Contexto general
Estado de la puesta en práctica del Plan de Acción del año 2000
4. El Plan de Acción de la OSCE del año 2000* para la equiparación del personal de ambos géne- ros pidió que se intensificara la labor encaminada al logro de la igualdad en el trato otorgado al hombre y a la mujer en el seno de la Organización y en cada una de sus esferas, particularmente en la contratación de personal, así como la incorporación de una perspectiva de género a cada una de las actividades de la Organización. Con dicho plan se consiguió elevar el interés por la necesi- dad de que se fomentara la igualdad entre el personal de uno y otro género en el seno de la OSCE, obrando a dicho fin a través de las actividades de su Secretaría y de sus instituciones y operaciones sobre el terreno, así como a través de las estructuras de sus Estados participantes. Cabe señalar, no obstante, ciertas deficiencias en la puesta en práctica del Plan de Acción del año 2000, particu- larmente en las esferas de la capacitación, la gestión y la contratación, así como en la práctica glo- bal de la equiparación del personal de uno y otro género en todo ámbito de la OSCE y en el seno de cada Estado participante.
5. El Plan de Acción de la OSCE del año 2000 para la equiparación de los géneros preveía que se mejoraran las oportunidades que se ofrecían a la mujer en la OSCE y que se fomentara el desa- rrollo de un entorno laboral profesional. Se pidió al Presidente en ejercicio, a los Estados partici- pantes y a la Secretaría que adoptaran medidas encaminadas a la presentación y el nombramiento de candidatas para puestos en las instituciones de la OSCE, así como en sus operaciones sobre el terreno, y se instaba a todos los Estados participantes a que se esforzaran por designar a candida- tas, particularmente para puestos de gestión.
La representación de la mujer en la OSCE sigue siendo, no obstante, baja, particularmente en los puestos de rango político o superior, y ha disminuido, de hecho, en los últimos años. La mujer de determinados países, particularmente la de los Estados participantes con economías en transición, sigue estando escasamente representada o carente, incluso, de toda representación. Las estadísti- cas denotan que las candidatas presentadas gozan de menos probabilidades de ser empleadas por la Organización que los candidatos*.
El Consejo Permanente no ha examinado ni las estadísticas bianuales ni los informes anuales emi- tidos por el Secretario General sobre la puesta en práctica del Plan de Acción del año 2000 para la equiparación del personal de ambos géneros, por lo que cabe decir que no se ha supervisado ade- cuadamente la puesta en práctica del Plan de Acción del año 2000.
6. Otra de las prioridades fijadas en el Plan de Acción del año 2000 fue la de que se impartiera capa- citación a todo nuevo miembro del personal de misión que se designara, sobre el tema de la equi- paración del personal de ambos géneros, y la de que cada institución de la OSCE incorporara una perspectiva de género a la capacitación impartida a su personal. Se han puesto en práctica progra- mas de capacitación general sobre la equiparación de los géneros y se ha procurado crear un entorno profesional de trabajo adecuado. Desde el año 2000, cada una de las misiones ha designado a un mediador y la Secretaría ha organizado un curso de capacitación anual para nuevos miembros de
* Decisión Nº 353 del Consejo Permanente, de 1 de junio de 2000 (PC.DEC/353/00).
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misión.* No obstante, la capacitación impartida y la labor de mentalización del personal directivo sobre la importancia de las cuestiones de género y sobre la responsabilidad que incumbe, a este respecto, a cada miembro del personal, en el ámbito de su actuación y de su cometido profesional, no ha reportado el resultado que cabía esperar, ni se ha logrado, hasta la fecha, la meta de crear un entorno profesional adecuado.
7. El Plan de Acción del año 2000 dispuso además que se crearía un marco global para proyectos destinados a la equiparación de los géneros, y para el análisis de toda investigación o dato dispo- nible sobre cuestiones de género que fuera utilizable para la formulación de nuevos programas. No se ha dado el debido seguimiento a este proceso, ni se ha involucrado lo bastante a los asesores y oficiales de enlace en cuestiones de género en la formulación de nuevas políticas y programas.
8. Toda política de equiparación de los géneros requiere una atención sistemática, coherente y plu- ridimensional a las perspectivas de género en el seno de la Organización, así como la creación de mecanismos de supervisión y examen adecuados. Hace falta adoptar un nuevo Plan de Acción refor- zado que defina claramente las metas y las vías por las que se habrá de dar cuenta de los resulta- dos, con miras a reforzar la labor decidida de los Estados participantes en orden al cumplimiento de sus compromisos.
II. Metas y Objetivos
9. El Plan de Acción 2004 para el fomento de la igualdad entre los géneros tiene por meta enun- ciar las prioridades de la OSCE en orden al fomento de la igualdad entre los géneros, en el seno de la Organización y en cada uno de los Estados participantes, y velar por la supervisión de su puesta en práctica. Al servicio de esta meta, el Plan se ocupará de las actividades, políticas, pro- yectos y programas de la Organización concernientes a la equiparación de los géneros, así como de la asistencia prestada por la OSCE a los Estados participantes en orden al fomento de la igual- dad entre los géneros, que podrá orientarse a la puesta en práctica de los compromisos internacio- nales en materia de equiparación de los géneros, así como al desarrollo de programas y políticas nacionales al respecto.
10. Se dará prioridad a los siguientes objetivos:
(a) En el seno de la OSCE: • la organización de programas especiales de capacitación para el personal de la OSCE a fin de alertarlo y sensibilizarlo a la igualdad que debe reinar entre el personal de uno y otro género en el curso de su labor diaria, así como programas encaminados a la incorporación coherente
* Estadísticas desglosadas por géneros de la Secretaría de la OSCE y de sus instituciones y misiones (SEC. GAL/208/03, 21 de noviembre de 2003). Respecto de los puestos de plantilla, las mujeres ocupan un 44% de los puestos del personal de servicios generales, mientras que ocupan un 25% de los puestos del cuadro orgánico, lo cual supone incluso una disminución durante los últimos años. Entre los candidatos que solicitaron puestos fijos durante el período de enero a septiembre de 2003 (es decir, 9.566), un 69% eran hombres y un 31% eran mujeres. Durante ese mismo período, no obstante, un 72% de los contratados (50) fueron hombres y tan sólo un 28% fueron mujeres. Para las 34 vacantes del cuadro orgánico (categorías de rango P), las candidatas pre- sentadas ascendían a un 33% del total de los candidatos, pero tan sólo ascendieron a un 23% de los candidatos entrevistados y a un 12% de los candidatos seleccionados. De la totalidad de los candidatos presentados para puestos adjudicados por adscripción durante el primer semestre de 2003 (2.135), tan sólo un 30% (641) eran mujeres, mientras que un 70% (1.494) eran hombres. Ahora bien, tan sólo un 10% (62) de las candidatas pre- sentadas fueron adscritas a una misión, mientras que un 18% de los candidatos presentados (272) fueron acep- tados y adscritos a una misión.
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de una perspectiva de género en las políticas y programas de la OSCE, y al establecimiento de mecanismos de examen y evaluación al respecto; • Al fomento de una cultura de gestión y de un entorno laboral que sea a la vez profesional y sen- sible a las cuestiones de género; • A la adopción por la OSCE de una estrategia de contratación reforzada e innovadora con miras a promover la igualdad de oportunidades para todos y a buscar y atraer a personal femenino debi- damente calificado, a fin de elevar, de conformidad con el Estatuto del Personal (PC.DEC/550/ Corr.1, de 27 de junio de 2003), el número de mujeres en puestos de categoría superior de la OSCE; • A alentar a los Estados participantes a que presenten un mayor número de candidatas para ocu- par puestos en las categorías de rango superior o rector de la OSCE, con miras a mejorar de modo continuo la proporción actual entre mujeres y hombres en cada una de esas categorías; • A la incorporación efectiva de una perspectiva de género a las políticas y actividades de la OSCE, así como a las políticas y actividades de los Estados participantes.
(b) En la asistencia prestada a los Estados participantes se dará prioridad: • A la definición de esferas prioritarias en las que las estructuras de la OSCE puedan prestar asis- tencia a los Estados participantes en el cumplimiento de sus respectivos compromisos; • A la formulación de algunas prácticas recomendables para el fomento de la igualdad entre hom- bres y mujeres en el seno de cada Estado participante; • Al realce y fomento de la función de la mujer al servicio de la prevención de conflictos y de todo proceso de reconstrucción de la paz; • A la introducción de un marco estructural que permita debatir y examinar con regularidad las cuestiones de género, y en particular la puesta en práctica del presente Plan de Acción.
III. Fomento de la igualdad de uno y otro género en el seno de la OSCE
(A) Equiparación de los géneros en las estructuras y el entorno laboral de la OSCE, así como en la contratación
Capacitación
11. A fin de lograr los objetivos esbozados en el presente Plan de Acción, la OSCE ampliará las opor- tunidades de capacitación existentes e instituirá nuevos programas de capacitación en el marco de la estrategia de capacitación de la OSCE para el período de 2005 a 2007* y del Plan de Acción de la OSCE contra la trata de personas†. En este contexto, el Programa de Orientación General perte- neciente a la Secretaría, el Curso de inducción en asuntos de la dimensión humana perteneciente a la OIDDH, curso o taller de inducción adicional que se organice sobre el terreno deberá conte- ner dos módulos expresamente diseñados al respecto, conforme proceda:
* SEC.GAL/118/04/Rev.5, de 27 de julio de 2004. † MC.DEC/2/03 Anexo, págs. 12 y 13, toma de conciencia, 8.4: “El Coordinador de las Actividades de Capaci- tación de la OSCE, el Asesor Superior sobre cuestiones de equiparación del personal de uno y otro género y el Coordinador Superior de Seguridad seguirán recurriendo al denominado curso de inducción para desarrollar y poner en práctica cursos de capacitación del personal en cuestiones de género, trata de personas y reglamen- tos y directrices aplicables al respecto, en colaboración con la OIDDH, y organizarán cursos prácticos especia- lizados sobre el terreno. Los jefes de operaciones de la OSCE sobre el terreno deberán hacer que la asistencia a dichos cursos sea obligatoria para todo su personal.
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• El primer módulo versará sobre la capacitación que ha de impartirse a todo el personal que ocupe cargos en la OSCE a fin de dotarlo de la debida perspectiva de género y de habilitarlo para tra- tar con equidad al personal de uno y otro género en el ejercicio cotidiano de su cometido. Este módulo, que deberá ser adaptado a las necesidades peculiares de cada categoría del personal, servirá para explicar el principio de la igualdad entre los géneros y las herramientas de que se dispone para lograr esta meta, así como las razones por las que es importante que la
Organización asigne importancia a la perspectiva de género en sus actividades. Deberá dotarse a este módulo de un enfoque pragmático e interactivo que incluya información respecto de las tareas y cometidos que se describen en el presente Plan de Acción y, en particular, en algunas de sus disposiciones, especialmente aquellas que tratan de la responsabilidad que incumbe a este res- pecto a cada miembro del personal. Se impartirá esta capacitación a todas y cada una de las cate- gorías del personal. Cabrá impartir también, caso de ser necesario, capacitación sobre el terreno, para miembros del personal local.
(a) Se incorporarán a ciertos programas de capacitación módulos especiales destinados a la lucha contra la violencia doméstica y la trata de personas, destinados en particular al personal que ejerza funciones de policía o de supervisión fronteriza.
(b) Los jefes de institución o de misión y directores se encargarán de que dicha capacitación sea impartida al personal, velando por que se ofrezca iguales oportunidades de participación al perso- nal de uno y otro género. Deberán mantenerse informados de toda política de la OSCE sobre cues- tiones de género, así como de toda denuncia o queja que sea presentada al respecto. • El segundo módulo se ocupará de la atención que ha de prestarse a las cuestiones de género en los programas, proyectos y actividades de cooperación técnica de la OSCE, a fin de velar por una incorporación coherente a los mismos de la perspectiva adoptada sobre la igualdad de los géneros. Ello significa que se habrán de reconsiderar o adoptar políticas y medidas expresamente destinadas al logro de dicha igualdad, adoptándose expresamente una perspectiva de género en cada una de las etapas de planificación, puesta en práctica, evaluación y presentación de informes
12. Cada programa de capacitación deberá llevar incorporado algún dispositivo de reconsidera- ción y evaluación que permita comprobar periódicamente su eficacia.
13. El Coordinador de las Actividades de Capacitación de la OSCE se encargará de diseñar y poner en práctica la dimensión de este plan de acción relativo a la capacitación del personal, obrando en estrecha cooperación con todo oficial de enlace o unidad que se encargue de la equiparación de los géneros en el seno de la Organización y con el apoyo de la red de oficiales de enlace que hayan de ocuparse de la capacitación.
Gestión
14. El Secretario General, así como los jefes de institución y de misión, deberán ejercer enérgica- mente su cometido gestor en orden a crear un clima de alerta sostenible en lo relativo a las cues- tiones de género en la Organización, y deberán intensificar sus esfuerzos en orden a crear un entorno profesional de trabajo y una cultura de gestión sensible a la equiparación de los géneros. Todo cargo directivo de la OSCE, particularmente si es de índole supervisora, deberá asimismo fomentar la creación de ese entorno profesional de trabajo. Al cubrirse la vacante de algún puesto de gestión, deberá prestarse atención a la búsqueda de candidatos que sean sensibles a las cues- tiones de género y que entiendan la importancia de crear una cultura corporativa de signo inte- grador. El Director del Departamento de Recursos Humanos se encargará de examinar y, cuando proceda, fortalecer la política de la OSCE contra toda forma de hostigamiento y, en particular, de
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acoso sexual. Deberá, para ello, difundir información y sensibilizar al personal ante el problema de hostigamiento en el trabajo y de las medidas que deberán adoptarse para prevenirlo o comba- tirlo, y deberá alentar a las víctimas a denunciarlo oportunamente.
15. Toda evaluación de un miembro del personal gestor de la Organización deberá conllevar la evaluación de su sensibilidad a la cuestión de la igualdad entre los géneros. A dicho fin el Depar- tamento de Recursos Humanos deberá introducir un marcador que permita puntuar al personal en función de datos sobre su actuación que sean comparables para todos los servicios.
16. Los Estados participantes y la Secretaría deberán examinar todo estatuto, reglamento, direc- tiva u orden administrativa de la OSCE con miras a incorporar a su texto una perspectiva de equi- paración de los géneros.
17. Los jefes de institución y de misión y los directores de la Secretaría presidirán reuniones perió- dicas del personal para examinar la incorporación y la atención prestada a una perspectiva de género en su respectiva estructura, y para alentar a su personal a obrar en consonancia con dicha perspectiva.
18. La Secretaría y la OIDDH mantendrán un activo intercambio de información sobre políticas de gestión en cuestiones con connotaciones de género con toda otra organización internacional, intergubernamental y regional pertinente. La Secretaría deberá intensificar, en particular, su inte- racción con la Asamblea Parlamentaria de la OSCE sobre cuestiones de igualdad entre el personal de uno y otro género. La Secretaría, así como las instituciones y misiones, se esforzarán por dotar al presente Plan de Acción de la debida visibilidad.
Contratación
19. La contratación de personal para la OSCE deberá efectuarse por un procedimiento transpa- rente y abierto a la competencia entre ciudadanos de los Estados participantes, con miras a obte- ner los más altos niveles de eficiencia, competencia e integridad profesional.
20. En la contratación de personal observará plenamente lo dispuesto en la cláusula 3.01 del Esta- tuto del Personal de la OSCE, y en particular el principio de equidad en la contratación de perso- nal procedente de todos los Estados participantes en la Organización.
21. Se alienta a los Estados participantes a que presenten a más candidatas para puestos en la OSCE, particularmente para puestos de categoría superior en donde la mujer está subrepresentada. Las medidas adoptables a este respecto deben incluir la identificación de fuentes de contratación nacio- nal adicionales, y los contactos con entidades profesionales que puedan coadyuvar en la búsqueda de candidatas adecuadas. Deben darse a conocer las vacantes de la OSCE entre las ciudadanas de los Estados participantes, particularmente entre las de los Estados participantes con economías en fase de transición, y se debe alentar a toda ciudadana interesada a que presente su solicitud.
22. Se alienta a los Estados participantes a crear listas de candidatas, concernientes en particular a sectores profesionales en los que la mujer está peor representada.
23. El Presidente en ejercicio y la Secretaría deberán promover activamente la designación de can- didatas, particularmente para puestos de alto nivel, obrando de conformidad con lo dispuesto en el Estatuto del Personal de la OSCE.
24. La Secretaría deberá alentar explícitamente en sus avisos de vacante la presentación de candidatas.
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25. La Secretaría reforzará además sus servicios de planificación de recursos humanos a fin de poder informar lo antes posible a los Estados participantes de toda vacante previsible, a fin de que dispongan de tiempo suficiente para buscar y presentar candidatas debidamente calificadas.
26. El Presidente en ejercicio, así como el Secretario General, los jefes de institución y los jefes de misión deberán buscar la manera de mejorar la proporción actual de mujeres a hombres en todas las categorías del personal, obrando sin descanso en dicho sentido. Dicha proporción, junto con las estadísticas relativas al número de candidatas seleccionadas, será examinada en el informe de evaluación anual de la OSCE sobre cuestiones de género, que deberá presentar el Secretario Gene- ral de conformidad con lo previsto, más adelante, en el párrafo 47.
27. El Departamento de Recursos Humanos llevará a cabo, con regularidad, un examen de los procedimientos de contratación y de las descripciones de empleo emitidas a la luz de los criterios aplicables en materia de equiparación de los géneros, a fin de detectar todo prejuicio u obstáculo que se esté eventualmente poniendo a las candidatas, a fin de revisar, caso de ser necesario, esos procedimientos.
28. El Departamento de Recursos Humanos velará por que, en la contratación para cubrir pues- tos de gestión, se invite, cuando sea posible, a candidatos de uno y otro género, y se confeccione una lista abreviada equilibrada en función de los géneros, cuando así proceda. La lista abreviada de los candidatos invitados a las entrevistas deberá facilitar datos desglosados sobre el número de mujeres y de hombres que presentaron su candidatura para el puesto.
29. Toda junta que se forme para entrevistar a candidatos deberá, en lo posible, equilibrarse en función del género de los miembros que la integren.
30. El Departamento de Recursos Humanos de la Secretaría convocará una reunión de coordina- ción anual con las delegaciones y expertos en contratación y capacitación procedentes de diversos países, para compartir informaciones sobre el perfil de los puestos y la pericia profesional reque- rida, y sobre las mejores prácticas que se estén aplicando en orden a la capacitación preparatoria de los candidatos para puestos de misión. En esas reuniones se examinará además la labor efec- tuada para equilibrar, en función del género, la contratación del personal.
31. La Secretaría seguirá preparando estadísticas anuales que reflejen la distribución actual, des- glosada por géneros, de los puestos correspondientes a cada categoría. Dichas estadísticas debe- rán abarcar también las instituciones y misiones, así como cada departamento o dependencia de la Secretaría, y deberán ser adjuntadas en anexo al informe de evaluación anual del Secretario Gene- ral sobre cuestiones de género que se describen más adelante en el párrafo 47.
(B) Integración de la perspectiva de género en las actividades, políticas, programas y proyectos de la OSCE.
32. Los Estados participantes, la Secretaría, las instituciones y las misiones velarán por que se incor- pore una perspectiva de género en las actividades, políticas, programas y proyectos de la OSCE. Se obrará en aras de fomentar la igualdad entre los géneros en el área de la OSCE como factor esencial de su seguridad global; se prestará especial atención a la habilitación de la mujer y a su participación en pie de igualdad con el hombre en la vida pública, política y económica y en todo proceso democrático o económico de los Estados participantes. La homologación de los géneros procurará además superar todo estereotipo negativo y modificar la percepción social de la mujer, así como fomentar una actitud que promueva la igualdad entre el hombre y la mujer en todos los Estados participantes.
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33. Los asesores en cuestiones de género de la Secretaría, así como de las instituciones y operacio- nes sobre el terreno, participarán desde un principio en la formulación de toda nueva directiva, norma o reglamento que se vaya a adoptar. En sus informes periódicos al Consejo Permanente, toda misión o institución deberá dar cuenta, según proceda, de sus progresos en pro de la equipa- ración de los géneros y de todo problema que vaya surgiendo.
34. El Centro para la Prevención de Conflictos (CPC) y, en particular, su Célula de coordinación de proyectos (CCP) deberán velar por que todo nuevo proyecto desarrollado por alguna misión, institución o dependencia de la Secretaría, así como todo proyecto ya existente que vaya a ser eva- luado, sea analizado en función de su equidad para el personal de uno y otro género.
35. Al elaborar proyectos y programas para Estados participantes que no sean sede de una misión de la OSCE, la Secretaría y las instituciones tendrán presente la perspectiva de la equiparación de los géneros.
36. Al integrar una perspectiva de género en las actividades, políticas, programas y proyectos de la OSCE, en su dimensión político-militar, se tendrán también en cuenta las obligaciones enun- ciadas en la resolución 1325 del Consejo de Seguridad de las Naciones Unidas, en la que se pide que se promueva una mayor participación de la mujer en ámbitos como la prevención de conflic- tos y los procesos de reconstrucción posconflicto.
37. Los Estados participantes, con la asistencia que proceda de la Presidencia, el Secretario Gene- ral o los jefes de institución, velarán por que en la planificación de conferencias y de seminarios de la OSCE, en cualquiera de sus tres dimensiones, se tenga presente una perspectiva de género y se incluya todo tema conexo que proceda.
38. A fin de avanzar de modo tangible, toda institución o misión que trabaje en actividades, pro- yectos y programas de la OSCE destinados a la equiparación de los géneros deberá crear mecanis- mos de seguimiento adecuados en cooperación con los Estados participantes.
39. Cuando proceda, cada misión establecerá un grupo de trabajo interno, dirigido por un coordi- nador, para las cuestiones de género, con el cometido de formular estrategias para potenciar medi- das de equiparación de los géneros, supervisar su aplicación y mejorar la visibilidad de su labor. Los jefes de misión se encargarán de asignar al coordinador de género un rango lo bastante ele- vado y de darle pleno acceso al personal gestor superior.
40. La Sección de Prensa e Información Pública de la Secretaría, las instituciones y las misiones alentarán la difusión de noticias en términos que la respeten la igualdad entre los géneros, y dará relieve, conforme proceda, a toda reunión, seminario, acto extraordinario, informe, suceso o acon- tecimiento relacionado con la aplicación de los compromisos de la OSCE en materia de equipa- ración de los géneros.
IV. Fomento de la Igualdad entre uno y otro género en los estados participantes
41. Los Estados participantes serán los principales responsables, a título tanto individual como colectivo, del cumplimiento de sus compromisos en materia de igualdad de derechos y de oportu- nidades para el hombre y la mujer, y deberán rendir cuenta, al respecto, ante sus propios ciudada- nos; se han comprometido a integrar la igualdad entre el hombre y la mujer en sus políticas tanto a nivel nacional como en el seno de la Organización. Velarán por que se aprovechen plenamente los foros pertinentes de la OSCE para examinar la aplicación de los compromisos de la Organiza- ción relativos a la igualdad entre hombres y mujeres.
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42. Se recomienda, por tanto, a los Estados participantes que: • velen por que la Organización elabore políticas que promuevan efectivamente la igualdad entre los géneros, y tenga en cuenta la perspectiva de género en toda nueva propuesta e iniciativa; • establezcan nuevos mecanismos o refuercen los ya existentes para velar por la igualdad entre los géneros, brindando los servicios de una persona u órgano imparcial e independiente, como por ejemplo un Defensor del Pueblo o un Comisario para derechos humanos que se ocupe de casos de discriminación contra ciudadanos particulares; • se adhieran a las normas y compromisos internacionales que hayan asumido en materia de igualdad, no discriminación y amparo de los derechos de la mujer y de las menores de edad, y los cumplan plenamente; • acaten la Convención sobre la eliminación de todas las formas de discriminación contra la mujer, si son parte en ella, o estudien adherirse a la misma o ratificarla si no lo han hecho todavía. Los Estados que hayan ratificado dicha Convención o se hayan adherido a la misma con reser- vas estudiarán la posibilidad de retirar tales reservas. Se apela también a todo Estado que sea ya parte en la Convención sobre la Eliminación de todas las formas de discriminación contra la mujer para que estudie la posibilidad de ratificar el Protocolo Facultativo de dicha Convención; • si son ya parte en la Convención sobre la eliminación de todas las formas de discriminación contra la mujer, en el Pacto Internacional de Derechos Civiles y Políticos o/y en el Pacto Inter- nacional de Derechos Económicos, Sociales y Culturales,, se recomienda también a los Estados participantes que informen periódica y oportunamente a sus respectivos órganos, y recaben la colaboración de organizaciones femeninas, al ir a preparar sus informes; • adopten toda medida adicional que sea necesaria para conseguir un entorno seguro y el pleno amparo de la ley para sus ciudadanas, intensificando, según proceda, las actividades encamina- das a eliminar todas las formas de violencia contra la mujer, así como la trata de personas*, y que alienten a los Estados que aún no lo hayan hecho a que ratifiquen y apliquen la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional y su Protocolo para pre- venir, reprimir y sancionar la trata de personas, especialmente de mujeres y niños; • apoyen los esfuerzos nacionales e internacionales para llevar ante la justicia a todo autor de un delito contra la mujer que esté tipificado, por el derecho internacional, como crimen de gue- rra o como crimen contra la humanidad, y a que velen por que sean aplicadas sus propias leyes internas contra la violencia perpetrada contra la mujer, y por qué se promulgue toda nueva ley que sea necesaria; • conforme se recomienda en las Directrices sobre la protección internacional en materia de perse- cución relacionada con los géneros, dentro del contexto del artículo 1 A (2) de la Convención de 1951 sobre el Estatuto de los Refugiados y/o su Protocolo de 1967 sobre el Estatuto de los Refugia- dos, se alienta a todo Estado que aún no lo haya hecho a que introduzca alguna vía procesal para velar por que se tengan debidamente en cuenta las solicitudes de mujeres en los procedimientos de determinación de la condición de refugiado, y que se reconozca debidamente toda la gama de quejas o denuncias contra actos de persecución relacionados con la pertenencia a un género; • aprovechen la experiencia de la OSCE en la formulación de políticas y estrategias pluridimensio- nales en materia de igualdad de los géneros e incorporen en el seguimiento de dichas políticas técnicas de análisis desglosadas por géneros y mecanismos de supervisión que permitan eva- luar el impacto de las políticas y las estrategias de género, a fin de determinar y eliminar todo obstáculo que dificulte su plena aplicación.
* Consúltese la Decisión Nº 557 del Consejo Permanente, de 24 de julio de 2003, relativa a la adopción del Plan de Acción de la OSCE contra la trata de personas.
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V. Apoyo prestado a los Estados participantes de la OSCE en el cumplimiento de sus compromisos de fomentar la igualdad entre el hombre y la mujer
Ámbitos de interés especial para todos los Estados participantes
43. Se enuncian a continuación ciertas esferas que la Secretaría, las instituciones y las misiones de la OSCE deberán tener en cuenta a la hora de elaborar planes y programas de asistencia para los Estados participantes que la soliciten en orden al cumplimiento de sus compromisos al respecto. Todas las estructuras de la OSCE han de tratar de observar dichas prioridades en la medida en que les corresponda en el marco de su mandato respectivo. Se alienta a aquellos países en donde no haya una misión a que también aprovechen plenamente la pericia acumulada por las estructu- ras de la OSCE y su asistencia en orden al fomento de la igualdad entre los géneros, habida cuenta de que la plena igualdad no se ha conseguido en ningún país.
44. Prioridades
(a) Desarrollo de proyectos en Estados de la OSCE que no sean sede de una misión • En países que no sean sedes de una misión de la OSCE, la OIDDH se encargará de identificar proyectos para respaldar medidas de prevención de actos de violencia contra la mujer, así como de fomento de la participación de la mujer en las esferas pública, política y económica, y de apoyo en pro de la equiparación de los géneros a nivel de cada país.
(b) Desarrollo de políticas y de un marco legal no discriminatorios • En cooperación con otras organizaciones internacionales y todo órgano e institución nacional pertinente, la OIDDH prestará asistencia a los Estados participantes de la OSCE en el cumpli- miento de los instrumentos internacionales de fomento de la igualdad entre los géneros y en el amparo de los derechos de la mujer, y les ayudará a revisar su normativa legal, velando por la introducción de toda salvaguardia legal que proceda para promover la igualdad entre los géne- ros de conformidad con los compromisos asumidos ante la OSCE y otras instituciones; • La OIDDH coadyuvará a elaborar y aplicar programas y actividades destinados al fomento de los derechos de la mujer, así como de la participación de la mujer a todos los niveles del proceso decisorio, y fomentará la igualdad entre hombres y mujeres en toda el área de la OSCE, recu- rriendo a campañas educativas en la equiparación de los géneros; • La OIDDH prestará asistencia en la aplicación y evaluación de las estrategias y planes de acción nacionales sobre medidas destinadas a promover la igualdad entre los géneros y la adopción de una perspectiva de género; • La Secretaría, las instituciones y las operaciones de la OSCE sobre el terreno ayudarán asimismo a los Estados participantes en el cumplimiento de las disposiciones y recomendaciones perti- nentes enunciadas en el Plan de Acción de la OSCE contra la trata de personas y en el Plan de Acción de la OSCE para mejorar la situación de la población romaní y sinti en el área de la OSCE.
(c) Prevención de actos de violencia contra la mujer*
* En el Artículo 2(b) de la Declaración de las Naciones Unidas sobre la eliminación de la violencia contra la mujer se afirma: “Se entenderá que la violencia contra la mujer abarca los siguientes actos, aunque sin limitarse a ellos: (…) La violencia física, sexual y sicológica perpetrada dentro de la comunidad en general, inclusive la violación, el abuso sexual, el acoso y la intimidación sexuales en el trabajo, en instituciones educacionales y en otros luga- res, la trata de mujeres y la prostitución forzada.”
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• Las estructuras de la OSCE seguirán prestando asistencia a los Estados participantes en su pre- paración de programas y actividades destinadas a prevenir toda forma de violencia perpetrada por razón de la pertenencia a un género;* • Las estructuras de la OSCE prestarán asistencia a los Estados participantes en la preparación de toda norma legal destinada a prevenir la violencia contra la mujer, y promoverán la consolida- ción de toda institución, así como la coordinación entre las instituciones públicas y la sociedad civil, y la mentalización del público en general en la lucha contra este problema; • Las estructuras de la OSCE se ocuparán, en cooperación con los Estados participantes, de toda cuestión de género que se suscite en la proliferación de armas pequeñas y de armas ligeras (APAL). La proliferación de APAL agudiza la violencia contra la mujer y, por tanto, procede adoptar una perspectiva de género en toda iniciativa relacionada con esta cuestión; • La Unidad de Estrategia Policial intensificará sus proyectos para ayudar a los Estados participan- tes a responder frente a todo delito de violencia sexual, y en la introducción, en sus programas de capacitación policial, de técnicas especiales de investigación y técnicas destinadas a entrevis- tar a las víctimas de asaltos sexuales, entre ellas niños, e informará sobre mecanismos de con- sulta para prestar asistencia a las víctimas; • La Oficina del Coordinador de las Actividades Económicas y Medioambientales de la OSCE (OCAEM) y la Unidad de Asistencia en la Lucha contra la Trata, al ocuparse de las causas sub- yacentes de la trata de personas, deberán prestar asistencia a los Estados participantes, obrando en coordinación con las instituciones y estructuras pertinentes de la OSCE, en la búsqueda de soluciones a la falta de oportunidades para la mujer, el desempleo femenino, y otros aspectos de la trata relacionados con el género, entre ellos la cuestión de la demanda de ciertas formas de explotación sexual y de otra índole; • La Unidad de Acción contra el Terrorismo (UAT) intervendrá, si así se le pide, en cuestiones relacionadas con la explotación de la mujer por parte de terroristas para sus propios fines y para propagar ideologías radicales; • Dado que los estereotipos negativos en función del género contribuyen a perpetuar la violencia contra la mujer, procede que todo programa, proyecto o actividad de la OSCE tenga por obje- tivo la habilitación de la mujer.
(d) Igualdad de oportunidades para la mujer en la vida política y pública • La OIDDH ayudará a los Estados participantes a preparar medidas efectivas para conseguir una participación equitativa de la mujer en los procesos democráticos, ayudándoles a formular prác- ticas recomendadas para su aplicación; • La OIDDH y las operaciones de la OSCE sobre el terreno prestarán asistencia, según proceda, en el desarrollo de servicios de peritaje, a nivel local, especializados en cuestiones de género, así como redes de contacto entre los dirigentes comunitarios y los políticos; • La OIDDH seguirá ayudando a los Estados participantes a promover la participación política de la mujer. Como parte de su Misión de Observación de Elecciones, seguirá seguirá observando la participación de la mujer en los procesos electorales e informando sobre ello. Además, en los casos en que sea posible, la OIDDH encargará y publicará informes que analicen desglosada- mente la participación de la mujer en los procesos electorales;
* La Resolución de las Naciones Unidas sobre “Nuevas medidas e iniciativas para la aplicación de la Declaración y la Plataforma de Acción de Beijing” (A/RES/S-23/3), de 16 de noviembre de 2000, afirma (párrafo 59): “La vio- lencia basada en el género, como las palizas y otros tipos de violencia doméstica, los abusos sexuales, la escla- vitud y la explotación sexual, la trata internacional de mujeres y niños, la prostitución forzosa y el acoso sexual (…) son incompatibles con la dignidad y el valor de la persona humana (…)”
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• El Alto Comisionado para las Minorías Nacionales (ACMN) se ocupará de cuestiones relacio- nadas con la participación de mujeres pertenecientes a minorías nacionales en la vida pública y privada y, en las políticas y proyectos desarrollados por su Oficina, y adoptará toda medida que sea necesaria para luchar contra la doble discriminación que padecen esas mujeres, obrando conforme a su mandato en orden a la prevención de conflictos; • El Representante de la OSCE para la Libertad de los Medios de Comunicación (ROLMC) aten- derá a toda denuncia de actos graves de intolerancia contra mujeres o de incitación a la dis- criminación por razones de género, ya sea en los propios medios informativos de los Estados participantes o por conducto de los mismos, de conformidad con el capítulo 6 del mandato del ROLMC. En sus informes periódicos, el representante dará cuenta a los Estados participantes de todo caso de esta índole.
(e) Fomento de la participación de la mujer en la prevención de conflictos, la gestión de crisis y la rehabilitación posconflicto • En la medida en que proceda dentro del contexto de sus mandatos, las estructuras de la OSCE promoverán la aplicación de la resolución 1325 (2000) del Consejo de Seguridad de las Nacio- nes Unidas acerca del papel de la mujer, en ámbitos como la prevención de conflictos y la reha- bilitación posconflicto; • En la medida en que proceda, las estructuras de la OSCE ayudarán a los Estados participan- tes a elaborar programas y proyectos destinados a conseguir la igualdad de oportunidades para que la mujer pueda participar en las iniciativas de fomento de la paz y la seguridad, particu- larmente en las de ámbito comunitario y regional. La habilitación de la mujer en la dimensión político-militar es asimismo esencial en aras de la seguridad integral.
(f) Fomento de la igualdad de oportunidades para la mujer en la esfera económica • La OCAEM tomará iniciativas para dar a conocer mejor los derechos de la mujer en la esfera económica, según se describen en el párrafo 40.6 del Documento de Moscú y, si procede, desa- rrollará proyectos al respecto; • La OCAEM deberá adoptar una perspectiva de género al cumplir toda tarea asignada en el Docu- mento Estratégico de la OSCE para la Dimensión Económica y Medioambiental, aprobado por el Consejo Ministerial de Maastricht en 2003, así como en el Documento de la Conferencia de Bonn sobre Cooperación Económica en Europa; • Si así se le pide, la OCAEM ayudará a los Estados participantes a que formulen políticas econó- micas sobre la base de los principios establecidos en el Documento de Bonn y en la Estrategia de la OSCE para la Dimensión Económica y Medioambiental. A este respecto, la OSCE ha de proseguir y reforzar su cooperación con la Comisión Económica para Europa de las Naciones Unidas y con otras organizaciones; • Junto con los Estados participantes y las misiones, la OCAEM analizará los obstáculos que impiden que la mujer desarrolle plenamente su potencial en la esfera económica, desarrollará proyectos para promocionar el papel de la mujer en la esfera económica y velará por que no se discrimine contra ella en lo relativo a su acceso al crédito financiero y otros recursos económicos tales como préstamos, propiedades y herencias, así como su derecho de control sobre los mismos; • La OCAEM y, siempre que proceda, las misiones han de promover el desarrollo de las capaci- dades empresariales y otros conocimientos profesionales de la mujer mediante su apoyo a servi- cios de capacitación, reciclaje laboral y formación especializada, y deberá fomentar la educación y la capacitación de mujeres y hombres en materias y para puestos laborales no vinculados tra- dicionalmente a uno u otro género;
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• La OCAEM alentará a las instituciones crediticias y a organizaciones internacionales de donan- tes a que respalden los proyectos diseñados para promocionar la participación de lamujer en la vida económica o para asegurar la igualdad de condiciones en la contratación. Los proyectos relacionados con la contratación y el empleo deben poner de relieve el principio de que el régi- men de maternidad y de paternidad constituye un elemento clave para promover la igualdad de oportunidades y la distribución equilibrada de responsabilidades entre hombres y mujeres; • Las estructuras de la OSCE ayudarán a los Estados participantes a velar por que las niñas y los niños tengan, en la misma medida que las mujeres y los hombres, las mismas oportunidades para recibir educación y capacitación.
(g) Desarrollo de mecanismos nacionales para la promoción de la mujer • La OIDDH seguirá prestando sus servicios periciales y respaldando el desarrollo de institucio- nes democráticas para promover la igualdad entre los géneros, tales como oficinas de Defenso- res del Pueblo a nivel local y nacional, según proceda; • La OIDDH facilitará el diálogo y la cooperación entre la sociedad civil, los medios informativos y las autoridades al servicio de la equiparación de los géneros.
(h) Se alienta a la Asamblea Parlamentaria a que: • Mantenga en su agenda de trabajo el tema de la igualdad de oportunidades para el hombre y la mujer en los parlamentos nacionales, así como en el seno de la OSCE y de la Asamblea Parla- mentaria de la OSCE tras haber incorporado el tema de la igualdad entre los géneros al orden del día de las sesiones plenarias de la Asamblea; • Siga ampliando la red de mujeres parlamentarias a través de la labor del Representante Espe- cial de la AP de la OSCE para las cuestiones de género, a fin de promover la participación de la mujer en la vida política y pública tanto a nivel nacional como internacional; • Con la asistencia de su Representante Especial, vele por que se sigan presentando, en sus decla- raciones anuales, recomendaciones acerca de la igualdad entre los géneros; • A través de la Unidad para la Equiparación de los Géneros, de la Secretaría de la AP de la OSCE, siga preparando informes acerca de la situación de la mujer en el área de la OSCE, y se esfuerce por alertar a la comunidad política en este sentido, facilitando dicho material a todos los par- lamentos participantes.
VI. Actividades generales de seguimiento
45. El Secretario General, los jefes de misión y los jefes de institución serán responsables ante el Consejo Permanente de que se apliquen las partes pertinentes del presente Plan de Acción, en con- sonancia con sus respectivos ámbitos de competencia.
46. El Secretario General preparará, para el 1 de octubre de 2005, un plan de las medidas que se habrán de adoptar para lograr los objetivos generales del presente Plan de Acción. Los jefes de ins- titución formularán asimismo, sus propios planes de aplicación para dicha fecha. Dichos planes deberán definir medidas para la puesta en práctica del Plan de Acción 2004 para el Fomento de la Igualdad entre los Géneros, medidas concernientes a programas de capacitación en la equipara- ción de los géneros, para personal que ocupe cargos en la OSCE, medidas pluridimensionales para la integración de una perspectiva de género en las políticas, proyectos y programas de la OSCE y, por último, estrategias de gestión y contratación, destinadas al logro de un equilibrio entre el per- sonal de uno y otro género a todos los niveles.
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47 El Secretario General informará en el Informe Anual de 2004 acerca de los progresos en la labor relativa a la equiparación de los géneros y, en adelante, preparará un informe anual de evaluación acerca de las cuestiones de género en la OSCE, que se presentará al Consejo Permanente cada año en el mes de junio, a partir de 2006. Tales informes de evaluación recogerán contribuciones de los departamentos, instituciones y misiones, acerca de la evolución de la situación en lo relativo a la igualdad y la equiparación de los géneros en las estructuras de la OSCE, así como acerca de los planes mencionados en el anterior párrafo 46. En dichos informes se analizarán los objetivos con- seguidos a la luz de los requisitos del presente Plan de Acción.
48. A partir de junio de 2006, y sobre la base del informe anual de evaluación del Secretario Gene- ral sobre cuestiones de equiparación de los géneros, el Consejo Permanente convocará un debate anual especialmente dedicado a las cuestiones de género, que abarcará un examen y, si fuera nece- sario, una actualización de las políticas y estrategias de género y de fomento de la igualdad entre los géneros. En dicho debate se habrá de supervisar asimismo la aplicación del presente Plan de Acción.
49. Cuando proceda, se estudiará en cooperación con los países anfitriones, si procede introducir una perspectiva de género en el mandato de la misión respectiva.
50. La próxima revisión del Plan de Acción 2004 para el Fomento de la Igualdad entre los Géne- ros tendrá lugar en la fecha que decida el Consejo Permanente.
51. La aplicación del presente Plan de Acción requiere que se faciliten recursos suficientes.
269 Documento de la Decimotercera Reunión del Consejo Ministerial Liubliana 2005
I. Declaraciones del Consejo Ministerial y otras declaraciones
Declaración Ministerial relativa al Convenio Internacional para la Represión de los Actos de Terrorismo Nuclear
1. Nosotros, los Ministros de Asuntos Exteriores de los Estados participantes de la OSCE, acoge- mos con beneplácito la aprobación, por la Asamblea General de las Naciones Unidas, del Conve- nio internacional para la represión de los actos de terrorismo nuclear.
2. Nos comprometemos a dedicar todos nuestros esfuerzos para lograr que se firme dicho Conve- nio internacional el día 14 de septiembre de 2005, fecha en que quedará abierto para su firma en la Sede de las Naciones Unidas, en Nueva York.
3. Alentamos a los Estados participantes a que adopten todas las medidas requeridas para ratifi- car, aceptar o aprobar de toda otra manera dicho Convenio internacional, entrando así a ser parte en el mismo a la mayor brevedad posible.
4. Instamos al Secretario General de la OSCE y a la Oficina de Instituciones Democráticas y Dere- chos Humanos a que, siempre que proceda, brinden, a todo Estado participante que lo solicite oficialmente, asistencia o asesoramiento técnico respecto de la pronta ratificación, aceptación o aprobación de dicho Convenio internacional, en estrecha cooperación con la Oficina de las Nacio- nes Unidas contra la Droga y el Delito.
5. Invitamos a los Socios de la OSCE para la cooperación y a los Socios mediterráneos para la coo- peración a que se sumen a nuestra iniciativa.
Declaración ministerial de la OSCE sobre el vigésimo aniversario del desastre acaecido en la central nuclear de Chernobil
El 26 de abril de 2006 se cumple el vigésimo aniversario del desastre acaecido en la central nuclear de Chernobil.
Para conmemorar esa trágica fecha, recordamos una vez más a todas las víctimas, en especial a los miembros de los equipos de emergencia y rescate, de la mayor catástrofe tecnológica del siglo XX, tanto por su magnitud como por sus consecuencias.
Ese desastre produjo la contaminación radiactiva en gran escala de extensas zonas de Europa, afec- tando especialmente a los territorios de Belarús, la Federación de Rusia y Ucrania. El accidente ha tenido una repercusión negativa en las vidas y en la salud de millones de personas, en particular
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niños, y ha impuesto una pesadísima carga a la economía y al medio ambiente de la mayor parte de los Estados afectados.
Apreciamos los enormes esfuerzos realizados por los gobiernos nacionales interesados para paliar los efectos del accidente de Chernobil. Dichos esfuerzos se han visto complementados en gran manera por la participación de la comunidad internacional, especialmente de las organizaciones del sistema de las Naciones Unidas, del Banco Mundial y del Banco Europeo de Reconstrucción y Desarrollo (BERD), cuyo principal objetivo ha sido prestar ayuda para mitigar las consecuencias del desastre. También es digna de elogio la contribución aportada por organizaciones no guberna- mentales, y por personas e iniciativas privadas.
Sin embargo, aún hoy persisten las consecuencias a largo plazo del desastre, que incluyen proble- mas humanitarios, medioambientales, sociales, económicos y sanitarios. Por ello, hay que seguir esforzándose por paliar esas consecuencias, centrando principalmente la atención en cuestiones de vital importancia como la rehabilitación económica y medioambiental, y el desarrollo sosteni- ble de los territorios afectados.
También somos conscientes de que la central nuclear de Chernobil sigue siendo una amenaza poten- cial en el centro de Europa. A ese respecto, hay que prestar especial atención a la finalización del plan de construcción del sarcófago, mediante la construcción del principal componente que falta, la nueva cubierta de confinamiento seguro. Apreciamos los esfuerzos que ha realizado la comu- nidad internacional en el presente año para incrementar su contribución financiera al fondo del BERD para el sarcófago de Chernobil, hasta más de mil millones de dólares.
Las cuestiones ambientales siempre han formado parte del mandato de la OSCE, reflejando así el enfoque integral adoptado por la Organización en materia de seguridad y cooperación. En el Acta Final de Helsinki convinimos en estudiar, con miras a hallar una solución, los problemas ambientales que por su naturaleza tienen una dimensión multilateral, bilateral, regional o subregional; así como en alentar el desarrollo de un enfoque interdisciplinar para abordar problemas medioambientales.
En ese contexto, la OSCE seguirá contribuyendo a la labor de cooperación internacional desti- nada a mitigar las consecuencias del accidente de Chernobil, respaldando los proyectos pertinen- tes y participando en ellos, y proporcionando la asistencia y los conocimientos que sean del caso en consulta con los Estados interesados.
Al conmemorar este trágico suceso creemos que el accidente de Chernobil demostró lo impor- tante que es para la comunidad internacional elaborar y aplicar políticas y estrategias mutuamente convenidas, a fin de velar por que se adopten las disposiciones adecuadas para prevenir y dar res- puesta a los accidentes tecnológicos y a sus consecuencias para los seres humanos y para el medio ambiente. También estimamos que, para hacer frente de forma eficaz a esos problemas, es necesa- ria la concertación de esfuerzos entre los Estados interesados, las organizaciones internacionales pertinentes, las instituciones financieras y otros donantes interesados.
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II. Concepto sobre gestión y seguridad de fronteras
Marco de cooperación para los Estados participantes en la OSCE
Capítulo I: Compromisos de los Estados participantes en la OSCE
1. Consciente de que la gestión y la seguridad de fronteras es un asunto de soberanía nacional que incumbe a cada Estado en particular, los Estados participantes en la OSCE reiteran su com- promiso de promover fronteras abiertas y seguras en un área de la OSCE libre, democrática, más integrada y sin líneas divisorias. Al obrar así, esos Estados se comprometen también a cooperar entre sí con arreglo a los principios del derecho internacional y a los principios de la confianza mutua, la asociación en pie de igualdad, la transparencia y la predecibilidad, así como a adoptar a este respecto un enfoque integral en un espíritu que sea conducente al desarrollo de relaciones amistosas entre los Estados.
2. Los Estados participantes en la OSCE reafirman las obligaciones y compromisos que han asu- mido a todos los niveles en lo concerniente a cuestiones fronterizas: 2.1 A nivel mundial: los Estados participantes reafirman sus compromisos en materia de gestión y seguridad de fronteras contraídos a tenor del derecho internacional aplicable, particularmente del derecho internacional en materia de derecho humanitario y de derechos humanos y de refugia- dos, al tiempo que estudiarán la posibilidad de dar curso a toda norma y recomendación emanada de la Organización Mundial de Aduanas, de la Organización Internacional para las Migraciones, de la Organización Internacional del Trabajo, de la Oficina del Alto Comisionado de las Naciones Unidas para los Refugiados y de otras organizaciones internacionales pertinentes; 2.2 A nivel de la OSCE: los Estados participantes reafirman las normas, principios, compromisos y demás valores consagrados en el Acta Final de Helsinki, que serán todos ellos aplicables por igual y sin reservas, y que será cada uno de ellos interpretado a la luz de los demás. Reafirman los prin- cipios y compromisos enunciados en el Documento de Copenhague de 1990, en el Documento de Helsinki de 1992 y en la Carta sobre la Seguridad Europea de 1999. Esos Estados desean también recordar todos los planes de acción, decisiones y demás documentos concertados en el marco de la OSCE sobre asuntos fronterizos. En particular, estiman que el fortalecimiento de las capacidades de la OSCE al servicio del fomento de unas fronteras abiertas pero seguras y de una cooperación mutuamente provechosa entre los Estados constituye un medio deseable para responder a las ame- nazas creadas por el terrorismo, la delincuencia organizada, la migración ilegal, la trata de perso- nas y el tráfico ilícito de armas y de drogas, conforme se indicó en el párrafo 35 de la Estrategia de la OSCE frente a las amenazas contra la seguridad y la estabilidad en el siglo XXI; 2.3 Al nivel regional y subregional: los Estados participantes reafirman, en ese mismo espíritu, sus obligaciones y compromisos asumidos en todos los foros regionales y subregionales de los que son miembros y se comprometen a promover su propia cooperación en todas las organizaciones y organismos pertinentes a fin de dotar de coherencia a sus políticas y normas en este campo y de evitar toda duplicación de esfuerzos; 2.4 Al nivel bilateral: los Estados participantes respetarán sus acuerdos bilaterales sobre cuestio- nes concernientes a sus fronteras y harán lo posible por compartir, en un espíritu de solidaridad y de buena vecindad, sus experiencias y toda práctica que sea recomendable.
Capítulo II: Principales objetivos de la cooperación
3. La cooperación entre los Estados participantes estará dirigida a la aplicación de todo compro- miso que hayan contraído en materia de fronteras. Deberá además fomentar la observancia de
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toda norma concerniente a la gestión y la seguridad de las fronteras que haya sido aceptada por los Estados participantes, procurando en lo posible perfeccionarla y compartiendo toda práctica que estimen recomendable.
4. Los Estados participantes promoverán la cooperación entre sus servicios fronterizos y autorida- des aduaneras, así como entre sus autoridades encargadas de expedir documentos de viaje y visa- dos, sus servicios de seguridad y vigilancia, y todo órgano competente en materia de migraciones o por algún otro concepto, con miras al logro de los siguientes objetivos: 4.1 Promover la libre circulación transfronteriza de personas, bienes y servicios, e inversiones en condiciones de plena seguridad, de conformidad con la normativa legal interna aplicable, el dere- cho internacional y los compromisos de la OSCE, velando, en particular, por la seguridad de los documentos de viaje y alentando, cuando proceda, situaciones que permitan liberalizar el régimen de los visados, conforme al espíritu de los compromisos contraídos en el marco de los instrumen- tos internacionales anteriormente mencionados; 4.2 Reducir la amenaza del terrorismo, tratando en particular de impedir la circulación transfron- teriza de personas, armas y fondos relacionados con el terrorismo y otras actividades delictivas; 4.3 Prevenir y reprimir la delincuencia organizada transnacional, la migración ilegal, la corrup- ción, la trata de personas, y el contrabando y el tráfico ilícito de armas y de drogas; 4.4 Fomentar la observancia, por los servicios fronterizos y las autoridades nacionales competen- tes, de las normas más estrictas de actuación profesional; 4.5 Otorgar a toda persona que solicite transitar por una frontera un trato digno que sea conforme con el marco jurídico interno aplicable, y con toda norma de derecho internacional aplicable, par- ticularmente en materia de derechos humanos o de refugiados y de derecho humanitario, así como con todo compromiso pertinente de la OSCE; 4.6 Crear condiciones favorables para el desarrollo económico y social de los territorios fronte- rizos, así como para la prosperidad y el desarrollo cultural de las personas pertenecientes a toda comunidad que resida en zonas fronterizas, procurando darles acceso a todas las oportunidades; 4.7 Favorecer las perspectivas de desarrollo económico conjunto y ayudar a establecer espacios comunes de libertad, seguridad y justicia en el área de la OSCE; 4.8 Velar por la seguridad de los circuitos internacionales de transporte para el suministro de pro- ductos básicos.
Capítulo III: Principios de cooperación entre los Estados participantes en la OSCE sobre cuestiones de índole fronteriza
Guiados por el espíritu cooperativo que anima a la OSCE,
5. Los Estados participantes convienen en que cabe favorecer su prosperidad y su seguridad común, alentando la circulación transfronteriza mutuamente provechosa de personas, bienes, servicios e inversiones.
6. Convienen asimismo en que la mejor manera de resolver toda cuestión de carácter regulatorio suscitada por esa circulación transfronteriza es a través de la cooperación directa entre los servi- cios fronterizos y las autoridades nacionales competentes de los Estados participantes, tramitada en función de todo acuerdo que se haya concertado al respecto. Esta cooperación debe entablarse en el ámbito regional y multilateral, así como en el bilateral.
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7. La autoridad competente de cada Estado soberano, y en particular los servicios fronterizos a uno y otro lado de la frontera, son los que mejor conocen las cuestiones por resolver. El diálogo trans- fronterizo, la transparencia y el fomento de la confianza son el punto de partida requerido para encontrar soluciones que favorezcan a todos los interesados.
8. Las fronteras existentes en el área de la OSCE no son uniformes. Cada frontera tiene rasgos peculiares que tal vez reclamen soluciones especiales. Cada Estado participante goza de un dere- cho soberano para decidir cómo debe administrar y dotar de seguridad a sus fronteras, teniendo en cuenta toda consideración de índole política, militar, económica y social que sea del caso.
Capítulo IV: Contribución de la OSCE
9. Gracias a su concepto integral de una seguridad común, cooperativa e indivisible, la OSCE cons- tituye un marco político idóneo y ofrece los servicios de sus estructuras e instituciones para toda contribución que sea oportuna. La OSCE actúa a instancia de sus Estados participantes y en un espíritu de solidaridad y mutua asociación, basado en la comunidad de intereses y el respeto mutuo. En todo supuesto en el que la OSCE ofrezca su contribución en zonas fronterizas sobre cuestiones suscitadas entre sus Estados participantes, la Organización actuará en estrecha consulta y teniendo en cuenta los pareceres expresados por los Estados participantes directamente interesados.
10. La labor de la OSCE al servicio de la gestión y la seguridad de las fronteras estará basada en criterios pragmáticos y realistas. Aprovechará lo mejor posible las capacidades de las estructuras e instituciones de la OSCE, que tal vez proceda reforzar. Las actividades de la OSCE en asuntos fronterizos son objeto de evaluación y supervisión periódica en el seno de los órganos rectores de la OSCE y en el marco de su proceso presupuestario.
11. La OSCE procurará alentar un diálogo político continuo sobre cuestiones fronterizas, enta- blando para ello discusiones, en todo foro consultivo que resulte apropiado, sobre la aplicación de sus compromisos en esta esfera y sobre el desarrollo ulterior de la cooperación a este respecto entre los Estados participantes, así como impartiendo directrices para las actividades de las estructu- ras e instituciones de la OSCE.
12. La OSCE sigue siendo un foro de diálogo para la resolución de conflictos por medios pacíficos. La Corte de Conciliación y Arbitraje de la OSCE constituye a este respecto una vía jurisdiccional que está al alcance de todo Estado que reconozca su competencia, y que podrá ser consultada para obtener un dictamen jurisdiccional confidencial, emitido a instancia de los interesados.
13. La contribución eventual de la OSCE podrá ser encauzada, en la práctica, con arreglo a alguno de los siguientes métodos: • El intercambio de información, de experiencias y de prácticas recomendables; • El establecimiento de “puntos de contacto” y enlaces nacionales; • La organización de talleres y conferencias, con la participación eventual de personal pericial; • El mantenimiento de contactos y de actuaciones complementarias con otras organizaciones competentes de ámbito regional e internacional.
En el Anexo puede verse una lista más detallada de las posibles contribuciones que cabe esperar de la OSCE.
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Capítulo V: Cooperación externa de la OSCE con sus socios para la cooperación y con otras organizaciones internacionales
14. La OSCE puede ofrecer su marco orgánico para actuaciones complementarias en asuntos fron- terizos con otras organizaciones internacionales regionales y subregionales, en el marco de su Pla- taforma para la Seguridad Cooperativa.
15. La labor de cooperación y asistencia internacional podría verse favorecida por todo enfoque coordinado hacia objetivos mejor definidos. La OSCE debe seguir coordinando con otras organi- zaciones internacionales su labor política y operativa al servicio de unas fronteras abiertas pero seguras. Ese enfoque coordinado deberá inspirarse en los criterios de la complementariedad, la ventaja comparativa y el valor añadido, valiéndose, por ejemplo, de actuaciones concertadas y de un despliegue conjunto de recursos internacionales.
16. En su calidad de acuerdo regional en el marco del Capítulo VIII de la Carta de las Naciones Unidas, la OSCE actúa también como un foro al servicio de la cooperación con las organizaciones subregionales existentes en su área. Una coordinación más estrecha en asuntos de gestión y segu- ridad de fronteras a nivel subregional puede ser un factor conducente al establecimiento de unas fronteras abiertas, pero a la vez seguras, en toda el área de la OSCE.
17. Toda disposición enunciada en el presente Concepto de la OSCE podrá ser compartida, a título voluntario, por sus Socios para la cooperación.
Anexo de MC.DOC/2/05: Posibles contribuciones de la OSCE
A instancia de todo Estado participante interesado y siempre que sea posible aportar valor añadido o aprovechar alguna ventaja comparativa, las contribuciones aportadas por la OSCE, en función de las enseñanzas adquiridas en el marco de sus programas sobre cuestiones fronterizas, podrán adoptar, sin que la enumeración sea exhaustiva, alguna de las siguientes formas:
A. Facilitación:
1. El diálogo político entablado entre Estados participantes sobre cuestiones fronterizas, al que la OSCE podrá prestar, cuando proceda, sus buenos oficios;
2. Medidas de fomento de la confianza en zonas fronterizas, conforme a lo convenido en los docu- mentos pertinentes de la OSCE, así como en las decisiones emanadas del Foro de Cooperación en materia de Seguridad;
3. El diálogo técnico entablado entre los servicios de frontera nacionales y otras autoridades nacio- nales competentes, mediante el intercambio de información a todos los niveles;
4. Medidas de movilización eventual de asistencia y su coordinación.
B. Formas generales de esa contribución:
1. Asistencia técnica en orden al desarrollo y la puesta en práctica de las estrategias y planes de acción nacionales, conforme a la perspectiva adoptada por las autoridades nacionales en el marco de los compromisos asumidos por cada país, y a instancia del Estado interesado;
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2. Asistencia técnica en orden al desarrollo, la adaptación o la armonización de toda norma legal pertinente;
3. Asistencia técnica en orden al fortalecimiento de la eficacia de las estructuras fronterizas mediante el aprovechamiento en común de las mejores prácticas existentes;
4. Asistencia técnica en orden al desarrollo y puesta en práctica de planes y programas de adies- tramiento y capacitación mediante el aprovechamiento en común de los intercambios internacio- nales y de las mejores prácticas;
5. Aprovechamiento en común de toda información pertinente, procurando, entre otras cosas, dar a conocer mejor los recursos disponibles en el acervo internacional de conocimientos pericia- les, particularmente en materia de nuevas tecnologías y saber práctico, por ejemplo, en lo concer- niente al establecimiento de controles rápidos pero eficaces en las fronteras y la construcción de puestos de vigilancia fronteriza;
6. Identificación de fuentes de aprovisionamiento de equipo y suministros adecuados para los ser- vicios de frontera, con miras a su eventual movilización.
C. Posible asistencia especializada en alguna de las esferas siguientes:
1. La lucha contra el terrorismo, la delincuencia organizada transnacional, la migración ilegal, la trata de personas, y el tráfico ilícito de armas nucleares, biológicas, químicas y convencionales, así como de sus sistemas vectores y materiales conexos, y contra el tráfico de drogas y de dese- chos peligrosos: (i) Fortaleciendo las redes de intercambio internacionales y el aprovechamiento en común de la infor- mación disponible frente a las amenazas y desafíos anteriormente mencionados contra la seguridad; (ii) Adiestramiento del personal de los servicios fronterizos y de otros cuerpos nacionales compe- tentes en la lucha contra ciertas actividades delictivas; (ii) Identificación de fuentes de aprovisionamiento de equipo y suministros para la lucha contra ciertas formas de la delincuencia y movilización eventual de los recursos disponibles; (iii) Medios de índole técnica o no técnica para la identificación de documentos falsos o ilegales con miras a mejorar la seguridad de los documentos de viaje y visados; (iv) Alentar la concertación y puesta en práctica de acuerdos de cooperación transfronteriza; (v) Fortalecer el establecimiento y la aplicación de normas y prácticas internacionales y multilate- rales, inspiradas en todo marco normativo internacional que sea del caso, en materia de extradi- ción o de otras formas de cooperación judicial frente a actos de terrorismo y otros delitos graves, en aspectos concernientes a la gestión y la seguridad de fronteras; (vi) Fortalecer la cooperación encaminada a prevenir y responder a la amenaza que supone el trá- fico ilícito de drogas.
2. Libertad y seguridad de tránsito para las personas: (i) Prestar asistencia técnica y asesoramiento pericial sobre los trámites de entrada y salida de un país, simplificando en lo posible y conforme proceda la tramitación de los visados; (ii) Prestar asesoramiento pericial sobre la mejora de la seguridad de los documentos de viaje; (iii) Facilitar el tránsito libre y seguro de las personas a través de las fronteras;
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(iv) Labor de fomento y de asesoramiento pericial, por parte de las estructuras e instituciones de la OSCE, sobre la salvaguarda de los derechos y de los intereses en materia de desarrollo de las per- sonas pertenecientes a comunidades que habitan zonas fronterizas, evitando en lo posible ocasio- nar perjuicio alguno a las personas pertenecientes a minorías nacionales; (v) Dar a conocer mejor los derechos de los migrantes y de los peticionarios de asilo político.
3. Ámbito económico y medioambiental: (i) Aprovechamiento en común de las mejores prácticas aplicables en materia de circulación trans- fronteriza y de despacho aduanero de las mercancías importadas, exportadas y en tránsito, a fin de garantizar en particular la seguridad de los circuitos de transporte internacionales; (ii) Fomentar la cooperación transfronteriza y facilitar el comercio transfronterizo de ámbito local; (iii) Fomentar la cooperación transfronteriza sobre cuestiones medioambientales que puedan tener un impacto en el desarrollo de las comunidades locales; (iv) Facilitar la cooperación transfronteriza en todo supuesto de desastre natural o de grave acci- dente ocurrido en alguna zona fronteriza; (v) Garantizar la seguridad de los circuitos internacionales de transporte para el suministro de productos básicos, particularmente mediante el establecimiento de un sistema de notificación pre- via de las mercancías o vehículos que vayan a cruzar una frontera.
III. Decisiones del Consejo Ministerial
Decisión Nº 2/05
Migración
El Consejo Ministerial,
Reafirmando los compromisos concernientes al fenómeno de la migración humana, en parti- cular los relativos a los trabajadores migrantes, así como otros compromisos pertinentes, espe- cialmente los enunciados en el Acta Final de Helsinki (1975), el Documento de Madrid (1983), el Documento Final de Viena (1989), el Documento de Copenhague (1990), la Carta de París para una Nueva Europa (1990), el Documento de Moscú (1991), el Documento de Helsinki (1992), el Documento de Budapest (1994) y los documentos aprobados por los Consejos Ministeriales de Maastricht (2003) y Sofía (2004),
Reconociendo la creciente importancia de la migración, así como los problemas que plantea y las oportunidades que brinda a los Estados participantes,
Reconociendo además que la migración se está convirtiendo en un fenómeno cada vez más diverso y complejo, que es necesario abordar de forma integral y que por tanto requiere la aplicación de un enfoque interdimensional a nivel nacional, regional e internacional,
Reconociendo que todos los Estados deben implantar marcos nacionales eficaces para gestionar la migración, Subrayando que la migración es un fenómeno intrínsecamente transnacional que requiere la cooperación entre los Estados,
Consciente de que la migración es un importante factor económico, social y humano tanto para los países de destino como para los países de origen,
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Consciente además de que toda política de integración acertada, que prevea el respeto de la diver- sidad cultural y religiosa y la promoción y protección de los derechos humanos y de las libertades fundamentales, constituye un factor importante para promover la estabilidad y la cohesión en el seno de nuestras sociedades,
Decidido a luchar contra la migración ilegal y a buscar soluciones para las raíces de ese problema,
Teniendo en cuenta los diferentes enfoques que los Estados participantes en la OSCE adoptan en cuestiones de migración, e inspirándose en la experiencia adquirida y en las mejores prácticas apli- cadas por dichos Estados,
Teniendo en cuenta también las iniciativas en curso y la labor realizada por la OSCE en 2005 para tratar las cuestiones de la migración y la integración, en particular, el Seminario de la Dimensión Humana sobre migración e integración, el Decimotercer Foro Económico de la OSCE y el Semi- nario de la OSCE para la región del Mediterráneo, del año 2005,
Felicitándose de la cooperación que mantiene la OSCE, obrando en particular a través de su Ofi- cina de Instituciones Democráticas y Derechos Humanos (OIDDH) y de la Oficina de su Coordi- nador de las Actividades Económicas y Medioambientales (OCAEM), con otras organizaciones e instituciones internacionales pertinentes,
Considerando que la OSCE, obrando en el marco de su enfoque integral de la seguridad, podría hacer, entre otras contribuciones, las siguientes: • Trabajar en sinergia y en estrecha asociación con aquellos órganos internacionales que se ocu- pen específicamente de la migración, • Facilitar el diálogo y la cooperación entre los Estados participantes, especialmente entre paí- ses de origen, de tránsito y de destino en el área de la OSCE, así como con los Socios asiáticos y mediterráneos para la cooperación, • Ayudar a los Estados participantes que lo soliciten a formular políticas de migración eficientes y a cumplir los compromisos contraídos con la OSCE en esa esfera, • Invitar a los Estados participantes a que estudien la posibilidad de adherirse a los instrumen- tos internacionales pertinentes,
Encarga al Consejo Permanente que prosiga la labor iniciada en 2005, informando de toda medida de seguimiento al respecto a la Decimocuarta Reunión del Consejo Ministerial;
Encarga al Secretario General, así como a otras instituciones y estructuras pertinentes de la OSCE, que sigan ocupándose de cuestiones relacionadas con la migración en cada una de las tres dimen- siones.
Decisión Nº 3/05
Lucha contra la delincuencia organizada transnacional
El Consejo Ministerial,
1. Combatir la delincuencia organizada, reconocido en particular en la Carta sobre la Seguridad Europea (1999), en el Plan de Acción de Bucarest para la Lucha contra el Terrorismo (2001), en la
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Estrategia de la OSCE frente a las amenazas contra la seguridad y la estabilidad en el siglo XXI (2003) y en el Documento Estratégico de la OSCE para la Dimensión Económica y Medioambiental (2003),
2. Reiterando la grave inquietud expresada en la labor de seguimiento de los resultados de la Cum- bre del Milenio (resultados de la Cumbre Mundial 2005), acerca de los efectos negativos que tiene la delincuencia organizada para la paz, la seguridad y la estabilidad, que constituyen un grave impe- dimento para la prosperidad y el desarrollo sostenible de los Estados participantes,
3. Poniendo de relieve los vínculos existentes entre la delincuencia organizada transnacional y otras amenazas, como por ejemplo las drogas ilícitas, el terrorismo, el tráfico ilícito de armas pequeñas y armas ligeras, así como de materiales y tecnología sensibles, la trata de personas, el contrabando de migrantes, el delito cibernético, la corrupción y la migración ilegal, en el contexto de la delin- cuencia organizada y del blanqueo de dinero,
4. Reconociendo que la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional y sus Protocolos, aprobados por la Asamblea General de las Naciones Unidas el 15 de noviembre de 2000 en Nueva York, constituyen un avance importante en la cooperación inter- nacional contra la delincuencia organizada transnacional, y brindan la oportunidad de dar una respuesta a escala mundial,
5. Consciente de la labor que realiza la OSCE en las esferas relacionadas con la lucha contra la delincuencia organizada,
6. Convencido de que el concepto de seguridad integral de la OSCE es un buen instrumento para mejorar la capacidad de todos los Estados participantes para hacer frente a la amenaza que supone la delincuencia organizada, y de que la OSCE puede ser un marco idóneo para promover la lucha contra la delincuencia organizada, y consciente de la importante labor realizada por organizacio- nes e instituciones internacionales pertinentes, en particular por la Oficina de las Naciones Uni- das contra la Droga y el Delito (ONUDD), • Insta a los Estados participantes a que intensifiquen su cooperación mutua, así como con la ONUDD, con el Consejo de Europa y con otras organizaciones internacionales que sean del caso; • Invita a los Estados participantes en la OSCE que aún no sean partes en la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional y sus Protocolos, aproba- dos por la Asamblea General de las Naciones Unidas el 15 de noviembre de 2000 en Nueva York, a que estudien la posibilidad de entrar a ser parte en ellos y de cumplir plenamente las obliga- ciones contraídas con arreglo a esos instrumentos; • Encarga al Secretario General que preste a los Estados participantes que lo soliciten el apoyo necesario para la movilización de asistencia técnica, facilitada por las organizaciones interna- cionales competentes particularmente en forma de servicios periciales y recursos necesarios, con miras a la puesta en práctica de la Convención de las Naciones Unidas contra la Delincuen- cia Organizada Transnacional y de sus Protocolos, obrando en estrecha consulta y colaboración con la Conferencia de las Partes y con la ONUDD; • Recuerda que prevenir y combatir la delincuencia organizada requiere la adopción de un enfo- que coherente por parte de los Estados participantes, que dé plenamente curso a sus leyes y pro- gramas nacionales, en particular en la esfera de la justicia penal, obrando de conformidad con el Estado de derecho y con los compromisos contraídos por los Estados participantes en la OSCE; • Encarga al Consejo Permanente que aliente la cooperación entre los Estados participantes, y que prepare, con el respaldo del Secretario General y de las instituciones pertinentes de la OSCE, medidas y formas de asistencia que puedan facilitarse a los Estados participantes que lo soliciten,
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con miras a mejorar y promover el buen funcionamiento de sus sistemas de justicia penal, abor- dando tanto sus aspectos legislativo, policial y fiscal como lo concerniente a la administración de justicia, la cooperación judicial internacional, especialmente en materia de extradición, y el régimen penitenciario, y obrando en consulta con la ONUDD, con el Consejo de Europa y con otras organizaciones internacionales que sean del caso; • Invita a los Socios de la OSCE para la cooperación y a los Socios mediterráneos para la coope- ración a que apliquen a título voluntario las disposiciones pertinentes de la presente decisión.
Decisión Nº 4/05
Fortalecimiento de la cooperación judicial en asuntos penales concernientes a la lucha contra el terrorismo
El Consejo Ministerial,
Decidido a reforzar las actividades de la OSCE para la lucha contra el terrorismo, de conformidad con el derecho internacional y en consonancia con los compromisos vigentes en la OSCE,
Recordando las resoluciones 1373 (2001), 1566 (2004) y 1624 (2005) del Consejo de Seguridad de las Naciones Unidas, en las que se exhorta a todos los Estados a que entren lo antes posible a ser parte en los convenios y protocolos internacionales concernientes al terrorismo, y a que cooperen plenamente en la lucha contra el terrorismo, y recordando también los compromisos contraídos por la OSCE en esa esfera,
Recordando asimismo la resolución 1631 (2005) del Consejo de Seguridad de las Naciones Unidas, en particular el párrafo en el que insta “a todas las organizaciones regionales y subregionales per- tinentes a que mejoren la eficacia de sus actividades contra el terrorismo en el marco de sus man- datos respectivos, con miras, entre otras cosas, a desarrollar su capacidad de ayudar a los Estados miembros en sus esfuerzos por hacer frente a las amenazas a la paz y la seguridad internacionales que plantean los actos de terrorismo”,
Acogiendo con beneplácito los esfuerzos que se están realizando en el marco de las Naciones Uni- das para concluir lo antes posible la preparación de una convención sobre todos los aspectos del terrorismo,
Reconociendo que los convenios y protocolos anteriormente mencionados constituyen un régi- men jurídico universal contra el terrorismo y que, a falta de tratados bilaterales sobre asistencia judicial recíproca y extradición, podrían, junto con la Convención de las Naciones Unidas con- tra la Delincuencia Organizada Transnacional (Convención de Palermo) servir como base para la cooperación judicial,
Tomando nota de los vínculos existentes entre el terrorismo y la delincuencia organizada trans- nacional,
Tomando nota también de la importancia que tiene a este respecto la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional,
Tomando nota asimismo con aprecio de la iniciativa emprendida por la Secretaría de la OSCE a peti- ción de la Dirección Ejecutiva del Comité contra el Terrorismo, de desarrollar un programa sobre el fortalecimiento de la cooperación judicial en asuntos penales concernientes a la lucha contra
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el terrorismo en el área de la OSCE, y de organizar como primer paso un taller pericial sobre esa cuestión, que ya tuvo lugar en Viena el 15 de abril de 2004,
Tomando nota también de la buena colaboración existente entre la OSCE y la Oficina de las Nacio- nes Unidas contra la Droga y el Delito (ONUDD), así como de los valiosos instrumentos de asis- tencia técnica elaborados por la ONUDD para aplicar las convenciones y los protocolos universales de lucha contra el terrorismo y para fomentar la cooperación judicial en asuntos penales, en par- ticular en lo concerniente al terrorismo,
Teniendo en cuenta las recomendaciones de los participantes en la Conferencia Anual para el Exa- men de la Seguridad 2005, por las que se pide que se intensifique la cooperación con la ONUDD, respaldando sus esfuerzos destinados a fortalecer el régimen jurídico contra el terrorismo, promo- viendo sus instrumentos de asistencia técnica, en particular su programa informático para la formu- lación de solicitudes de asistencia judicial recíproca, así como facilitando formación y divulgando prácticas recomendables entre el personal que se encarga de la tramitación de las causas penales,
Decide que los Estados participantes deben cooperar activa y plenamente entre sí, de conformi- dad con toda norma aplicable de derecho interno o internacional, en sus esfuerzos por localizar y llevar ante los tribunales a todo autor, organizador, patrocinador y cómplice de actos terroristas, actuando conforme al principio de extraditar al culpable o encausarlo;
Invita a los Estados participantes a que estudien las sugerencias de los expertos contenidas en el informe del Taller pericial de la OSCE sobre el fortalecimiento de la cooperación judicial en asun- tos penales concernientes al terrorismo (SEC. GAL/111/05, de 18 de mayo de 2005), ya que ofrece una escala de opciones para mejorar la cooperación judicial internacional;
Encarga al Secretario General y a las instituciones pertinentes que ayuden a los Estados partici- pantes que lo soliciten a cumplir plenamente sus compromisos relacionados con la lucha contra el terrorismo. La OSCE seguirá colaborando con la ONUDD en el fortalecimiento del régimen judi- cial contra el terrorismo, promoviendo la aplicación de los instrumentos universales de lucha con- tra el terrorismo y facilitando la cooperación judicial internacional en asuntos penales;
Encarga también al Secretario General que organice en 2006, en Viena y en colaboración con la Presidencia en ejercicio y con la ONUDD, un taller pericial de la OSCE, con el fin de promover los instrumentos de asistencia técnica de la ONUDD para fomentar la cooperación judicial interna- cional en la tramitación de causas penales, en particular el programa informático para la formula- ción de solicitudes de asistencia judicial recíproca, así como facilitando la formación del personal y dando a conocer las prácticas recomendables a los que se ocupan de esa labor;
Encarga asimismo al Secretario General que, en estrecha cooperación con la ONUDD, organice para los Estados participantes que lo soliciten, talleres nacionales de formación para fiscales y miembros de la judicatura, sobre cuestiones de extradición y asistencia judicial recíproca en asuntos penales, en particular en los concernientes al terrorismo.
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Decisión Nº 10/05
Tolerancia y no discriminación: Promoción de la comprensión y el respeto mutuos
El Consejo Ministerial,
Consciente de que el respeto de los derechos humanos y de las libertades fundamentales, así como de la democracia y del Estado de derecho está en la raíz misma del concepto integral de la segu- ridad que aplica la OSCE,
Recordando sus compromisos en materia de tolerancia y no discriminación que fueron procla- mados en el Acta Final de Helsinki en 1975, en la Carta de París para una Nueva Europa de 1990, en la Carta sobre la Seguridad Europea de 1999, en la Decisión Nº 4/03 sobre tolerancia y no dis- criminación, que fue adoptada por el Consejo Ministerial en su Undécima Reunión (Maastricht, 2003), y en su Decisión Nº 12/04 sobre tolerancia y no discriminación adoptada por el Consejo Ministerial en su Duodécima Reunión (Sofía, 2004),
Recordando la atención prestada por la OSCE al tema de la tolerancia y la no discriminación, que aparece reflejada en la Conferencia de Viena de 2003 contra el antisemitismo y el racismo, la xeno- fobia y la discriminación, en la Conferencia de Berlín contra el antisemitismo, de abril de 2004, en la Reunión de París de junio de 2004 sobre la relación entre propaganda racista, xenófoba y anti- semita por Internet y los crímenes motivados por el odio, en la Conferencia de Bruselas de sep- tiembre de 2004 sobre la tolerancia y la lucha contra el racismo, la xenofobia y la discriminación, y en la Conferencia de Córdoba de junio de 2005 sobre el antisemitismo y otras formas de intole- rancia, y recordando las conclusiones emanadas de todas estas conferencias,
Reafirmando su determinación de poner en práctica los compromisos emanados de la OSCE en materia de tolerancia y no discriminación, así como de libertad de pensamiento, de conciencia, de religión o de creencias, y recordando otras obligaciones internacionales pertinentes,
Insistiendo en la necesidad de hablar con coherencia y sin ambages contra todo acto o manifesta- ción de odio, particularmente en discursos políticos, así como de trabajar a favor de la tolerancia, del entendimiento y del respeto mutuo,
Recordando la importancia de fomentar el diálogo y las asociaciones interculturales e interreli- giosas al servicio de la tolerancia, del entendimiento y del respeto mutuo, en el plano tanto nacio- nal como internacional,
Tomando nota con agrado del anuncio por el Secretario General de las Naciones Unidas del esta- blecimiento de una “Alianza de Civilizaciones”, así como de un Grupo de alto nivel de personas eminentes al servicio de la Alianza de Civilizaciones, y expresando su interés por el resultado de esta iniciativa,
Recordando las Decisiones Nº 607, 621 y 633 del Consejo Permanente y las declaraciones del Pre- sidente en ejercicio de la OSCE en 2004, conocidas por su nombre de “Declaración de Berlín”, “Declaración de Bruselas” y “Conclusiones de París”,
Elogiando la labor de los tres Representantes Personales del Presidente en ejercicio como parte del esfuerzo global de la OSCE contra la discriminación y al servicio del fomento de la tolerancia, el entendimiento y el respeto mutuo, así como para despertar la conciencia pública a este respecto,
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1. Agradece la declaración del Presidente en ejercicio con ocasión de la Conferencia de la OSCE contra el antisemitismo y otras formas de intolerancia, que tuvo lugar en Córdoba los días 8 y 9 de junio de 2005, y que se conoce por el nombre de “Declaración de Córdoba”;
2. Se felicita de la creación de un programa de la OIDDH al servicio de la tolerancia y la no dis- criminación;
3. Rechaza la identificación del terrorismo o de todo otro extremismo violento con cualquier reli- gión o creencia, cultura, grupo étnico, nacionalidad o raza;
4. Decide que la OSCE prosiga su labor destinada a alertar la conciencia pública y a alentar la adopción de medidas para combatir los prejuicios, la intolerancia y la discriminación, sin dejar de respetar los derechos humanos y las libertades fundamentales, particularmente la libertad de pen- samiento, de conciencia, de religión o de creencias, por ser esos derechos y libertades patrimonio de toda persona sin distinción alguna por motivo de raza, color, sexo, idioma, religión o creencia, ni por motivo de sus opiniones políticas o de otra índole, de su origen social o nacional, o de sus bienes o su nacimiento o por cualquier otra condición de su persona;
5. Decide que los Estados participantes, al dar cumplimiento a sus compromisos de promover la tolerancia y la no discriminación, centren sus actividades en esferas como la labor legislativa, policial, educativa e informativa, así como en la obtención de datos pertinentes, la migración y la inserción social, la libertad religiosa y el diálogo intercultural e interreligioso, y les pide que se comprometan a: 5.1 Intensificar sus esfuerzos en orden a que las leyes, políticas y prácticas de su país traten a todas las personas por igual, las amparen legalmente y prohíban todo acto de intolerancia y discrimi- nación, de conformidad con sus compromisos contraídos en la OSCE y con toda otra obligación internacional que hayan contraído a este respecto; 5.2 Impartir a sus funcionarios públicos, y en particular al personal de la policía y otros cuerpos de seguridad, la formación adecuada para prevenir y responder a los delitos motivados por el odio, y a que consideren la conveniencia de crear programas que impartan esa formación, valiéndose de la experiencia acumulada en este campo por la OIDDH y compartiendo toda práctica recomen- dable a este respecto; 5.3 Fomentar programas educativos públicos y privados que promuevan la tolerancia y la no discri- minación, y que alerten a la opinión pública frente a toda intolerancia y discriminación y la hagan consciente de la inadmisibilidad de tales actitudes, valiéndose a este respecto de la pericia acumulada por la OIDDH y recabando, si procede, su asistencia para la introducción en sus respectivos países de métodos y programas de estudio que fomenten la tolerancia, y que se ocupen en particular de: • Luchar contra el odio y los prejuicios raciales, la xenofobia y la discriminación; • Dar a conocer y conmemorar el Holocausto, así como otros genocidios reconocidos como tales a tenor de la Convención de 1948 para la Prevención y Sanción del Delito de Genocidio, y otros crímenes contra la humanidad; • Impartir formación sistemática contra el antisemitismo mediante programas de estudio que res- pondan a toda forma contemporánea del antisemitismo identificada en algún Estado participante; • Combatir todo prejuicio u otras formas de intolerancia y discriminación contra los cristianos, los musulmanes o los miembros de toda otra religión;
5.4 Estudiar la adopción, en estrecha colaboración con la sociedad civil, de medidas concretas que no pongan en peligro la libertad de información y de expresión, a fin de contrarrestar los estereotipos
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xenófobos, la intolerancia y la discriminación en los medios informativos y alentar programas para educar a los niños y a la juventud con miras a inmunizarlos frente a todo prejuicio o parcialidad con la que puedan tropezar en los medios informativos o por Internet;
5.5 Fortalecer la labor de recolección y mantenimiento de datos y estadísticas fiables sobre delitos motivados por el odio y sobre la normativa legal aplicable a dicho respecto en su territorio, comuni- cando periódicamente esa información a la OIDDH, poniéndola al alcance del público, y pidiendo, si hace falta, la asistencia de la OIDDH, así como considerando la conveniencia de nombrar enla- ces nacionales de la OIDDH para los delitos motivados por el odio;
5.6 Seguir ocupándose, con el apoyo, caso de ser necesario, de las estructuras, instituciones y ope- raciones sobre el terreno de la OSCE, de la cuestión suscitada por la migración y su inserción social en lo concerniente a la diversidad cultural y religiosa de las poblaciones, como parte de los esfuer- zos de la OSCE en orden al fomento de la tolerancia y del entendimiento y el respeto mutuo a fin de combatir toda discriminación, al tiempo que se promueve el respeto de los derechos humanos y de las libertades fundamentales;
5.7 Proseguir la labor efectuada hasta la fecha por la OSCE al servicio de la tolerancia y la no discri- minación, particularmente mediante el recurso en 2006 a reuniones temáticas y periciales de orien- tación pragmática, y considerar la posibilidad de organizar una conferencia de la OSCE en 2007;
6. Encomienda a la OIDDH la tarea de: 6.1 Prestar asistencia a los Estados participantes que lo soliciten en orden al desarrollo de meto- dologías y servicios apropiados para la recolección y el mantenimiento de datos y de estadísticas fiables sobre delitos motivados por el odio y otras manifestaciones violentas de intolerancia y dis- criminación, a fin de ayudarles a obtener datos y a confeccionar estadísticas comparables; 6.2 Proseguir su cooperación con otras estructuras e instituciones de la OSCE, así como con el Comité de las Naciones Unidas para la Eliminación de la Discriminación Racial, la Oficina del Alto Comisionado de las Naciones Unidas para los Derechos Humanos, la Comisión Europea con- tra el Racismo y la Intolerancia, el Observatorio Europeo del Racismo y la Xenofobia, el Equipo Especial de Cooperación Internacional sobre Educación, Recuerdo e Investigaciones concernientes al Holocausto, y otras instituciones y entidades pertinentes de la sociedad civil, particularmente organizaciones no gubernamentales; 6.3 Seguir prestando apoyo, por conducto de su Panel Asesor de Expertos en Libertad de Reli- gión o de Creencias, a los Estados participantes que lo soliciten en orden al fomento de la libertad de religión o de creencias, y en orden a compartir las conclusiones y pareceres del Panel con los Estados participantes en la OSCE, tanto a nivel bilateral como con ocasión de conferencias y otros actos pertinentes de la OSCE;
7. Decide efectuar una contribución apropiada a la iniciativa concerniente a la “Alianza de Civili- zaciones” mediante el fomento del diálogo intercultural e interreligioso y la promoción del enten- dimiento y el respeto mutuo y de los derechos humanos en toda el área de la OSCE, y encomienda a este respecto: 7.1 Al Presidente en ejercicio de la OSCE que informe al Secretario General de las Naciones Uni- das de la presente decisión y del interés de la OSCE de prestar su apoyo a la iniciativa concerniente a la “Alianza de Civilizaciones”; 7.2 Al Secretario General que aproveche los servicios periciales de las estructuras e instituciones de la OSCE, particularmente de la OIDDH, para contribuir, en colaboración con los Estados partici- pantes en la OSCE a la iniciativa concerniente a la “Alianza de Civilizaciones”, y que haga llegar,
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para finales de junio de 2006, esa contribución al Grupo de Personas de Alto Nivel al servicio de la “Alianza de Civilizaciones”..
Decisión Nº 11/05
Fomento de la educación y la formación en materia de derechos humanos en el área de la osce
El Consejo Ministerial,
Reafirmando los compromisos contraídos por los Estados participantes en la esfera de la educa- ción y la formación en materia de derechos humanos, en particular los dimanantes del Acta Final de Helsinki (1975), del Documento de Copenhague (1990), del Documento de Moscú (1991), de la Carta sobre la Seguridad Europea (1999), de la Estrategia de la OSCE frente a las amenazas con- tra la seguridad y la estabilidad en el siglo XXI, así como de otros documentos y decisiones perti- nentes acordados en la OSCE,
Reconociendo que la promoción de los derechos humanos mediante la educación y la formación en toda el área de la OSCE podría enmarcarse en el contexto del concepto integral de la seguridad adoptado por la Organización, y que es esencial para el fortalecimiento del respeto de los dere- chos humanos y de las libertades fundamentales, así como para el fomento de la tolerancia y la no discriminación,
Reconociendo también el valor añadido que puede tener una cooperación polifacética que incluya consultas, cooperación y coordinación con organizaciones internacionales y regionales pertinen- tes, así como los beneficios mutuos que los países pueden extraer de sus respectivas experiencias y capacidades en la esfera de la educación y la formación en materia de derechos humanos,
Teniendo en cuenta los esfuerzos realizados por otras organizaciones internacionales, especial- mente el Programa Mundial de las Naciones Unidas para la educación en derechos humanos, el Programa de educación para la ciudadanía democrática y el programa juvenil “Todos diferentes todos iguales”, del Consejo de Europa, y la Iniciativa Europea para la Democracia y los Derechos Humanos, de la Unión Europea, así como los programas que se llevan a cabo a nivel nacional,
Reconociendo la contribución aportada por la OIDDH y por otras estructuras, instituciones, y ope- raciones sobre el terreno de la OSCE al fomento de la educación y la formación en materia de dere- chos humanos, en cooperación con los Estados participantes,
Decidido a seguir fortaleciendo la labor de la Organización encaminada a promover los progra- mas de educación y formación en materia de derechos humanos en el área de la OSCE, así como a ampliar el respaldo que presta la OSCE a los Estados participantes que lo solicitan para la puesta en práctica de sus respectivos programas nacionales en esa esfera,
Invita a los Estados participantes a que, con la colaboración de la sociedad civil, sigan mejorando la educación sistemática impartida en materia de derechos humanos y los programas de forma- ción destinados a fomentar el respeto de la dignidad inherente a todo ser humano, y a que hagan de los derechos humanos una realidad aplicable a cada persona, así como a todas las comunida- des y a la sociedad en general;
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Decide que la OSCE refuerce su colaboración con otras organizaciones internacionales y no guber- namentales a fin de que se adopten las medidas necesarias encaminadas a promover la educación y la formación en materia de derechos humanos, haciendo especial hincapié en los jóvenes del área de la OSCE;
Encarga a la OIDDH que, aprovechando la experiencia y los conocimientos pertinentes adquiri- dos por las estructuras, instituciones y operaciones sobre el terreno de la OSCE, así como por los Estados participantes: • Haga un compendio de las mejores prácticas empleadas por los Estados participantes al servicio del fomento de la educación y la formación en materia de derechos humanos, incluido el fomento de la tolerancia, el respeto y el entendimiento mutuos y la no discriminación en el área de la OSCE.
Decisión Nº 12/05
Labor en defensa de los derechos humanos y del estado de derecho en el marco de los sistemas de justicia penal
El Consejo Ministerial,
Consciente de que el pleno respeto de los derechos humanos y de las libertades fundamentales, así como el desarrollo de sociedades basadas en una democracia pluralista y en el Estado de dere- cho, constituyen un requisito previo para el logro de una paz duradera asentada en la seguridad, la justicia y la estabilidad,
Reafirmando los compromisos concernientes al Estado de derecho enunciados en el Acta Final de Helsinki de 1975, en el Documento de Clausura de Viena de 1989, en el Documento de Copenhague de 1990 y en el Documento de Moscú de 1991, así como los compromisos asumidos en la Cumbre de la OSCE en Budapest de 1994 y todo otro compromiso de la OSCE en esta esfera, y recordando otras obligaciones internacionales de particular importancia como el Pacto Internacional de Dere- chos Civiles y Políticos y la Convención de las Naciones Unidas contra la Tortura y otros Tratos o Penas Crueles, Inhumanos o Degradantes,
Reiterando el compromiso de que las actuaciones políticas y administrativas del Estado, así como la actuación de la judicatura, se regirán por lo estatuido en la ley y a tenor de los compromisos per- tinentes de la OSCE y de toda obligación internacional contraída por los Estados participantes, e insistiendo en la necesidad de que se respete el régimen normativo así establecido,
Considerando que el Estado de derecho no ha de entenderse como una mera legalidad formal por la que se garantice la regularidad y coherencia de las actuaciones destinadas a la instaura- ción y mantenimiento del orden democrático, sino que ha de consistir en el pleno reconocimiento y una aceptación basada en la justicia de la personalidad humana como valor supremo que ha de estar garantizado por unas instituciones que sirvan a la vez de marco para su pleno desarrollo,
Consciente de que el Estado de derecho ha de fundamentarse en el respeto de los derechos huma- nos internacionalmente reconocidos, particularmente el derecho a ser juzgado con arreglo a la ley y a obtener remedios judiciales eficaces, y el derecho de no ser objeto de ningún arresto o deten- ción arbitraria,
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Consciente del cometido esencial que una judicatura imparcial e independiente tiene asignado al servicio de la legalidad del proceso penal y en orden al amparo de los derechos humanos con ante- rioridad al juicio, en el curso de las actuaciones penales y a raíz de la sentencia,
Consciente asimismo de la importante función que incumbe a la asistencia letrada al servicio de la legalidad del proceso y en orden a la defensa y amparo de otros derechos humanos en el marco de la justicia penal,
Insistiendo en la necesidad de pronunciarse públicamente contra la tortura y de recordar que todas las formas de tortura y otros tratos o penas crueles, inhumanos o degradantes están y seguirán estando prohibidos en todo lugar y momento, por lo que no cabe nunca justificar su empleo, e insistiendo asimismo en la necesidad de reforzar las salvaguardias procesales contra la tortura así como de enjuiciar a los que la practiquen, evitando así que los actos de tortura queden impunes, y haciendo un llamamiento a los Estados participantes para que procedan sin tardanza a la firma y ratificación del Protocolo facultativo de la Convención contra la Tortura,
Decide: • Acrecentar en 2006 la atención que se viene prestando y el seguimiento dado a las cuestiones concernientes al respeto del Estado de derecho y de la legalidad del proceso en las actuaciones de la justicia penal, procurando, entre otras cosas, alentar a los Estados participantes a que mejo- ren su puesta en práctica de los compromisos contraídos, y a que recurran, si procede, a la peri- cia acumulada por la OIDDH, que deberá obrar a este respecto en estrecha colaboración con otras organizaciones internacionales pertinentes a fin de evitar toda duplicación innecesaria;
Encomienda a la OIDDH y a otras estructuras pertinentes de la OSCE que: • Presten asistencia a los Estados participantes con miras a que compartan entre ellos toda prác- tica ejemplar o que haya dado buen resultado, así como su pericia acumulada al servicio de la mejora de sus sistemas de justicia penal; • Presten asistencia a todo Estado participante, que la solicite, en orden al desarrollo de la capa- cidad institucional de los colegios de abogados al servicio de la asistencia letrada que debe pres- tarse a los acusados y en defensa de sus derechos.
Decisión Nº 13/05
Lucha contra la trata de personas
El Consejo Ministerial,
Reafirmando lo ya dicho en las Decisiones Nº 2/03 y 13/04 del Consejo Ministerial así como en otros compromisos asumidos en el marco de la OSCE en orden a la lucha contra la trata de perso- nas en todas sus formas y cualesquiera que sean sus fines, y que, al dar su adhesión a esos compro- misos, los Estados participantes han demostrado claramente su voluntad política de eliminar esta forma contemporánea de esclavitud que constituye una violación de la dignidad humana y socava el disfrute de los derechos humanos y de las libertades fundamentales,
Recordando las obligaciones internacionales que han asumido aquellos Estados participantes en la OSCE que han firmado y ratificado la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional y su Protocolo para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños que la complementa, y el Protocolo facultativo de la Convención sobre los Derechos del Niño relativo a la venta de niños, la prostitución infantil y la utilización de
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niños en la pornografía, así como otros tratados internacionales de interés en este campo en los que dichos Estados sean partes,
Tomando nota del Convenio del Consejo de Europa contra la trata de seres humanos, en su cali- dad de primer tratado de ámbito regional en esta esfera que se ocupa básicamente de las víctimas de la trata, así como de la prevención de este horrible crimen y del enjuiciamiento de sus autores,
Felicitándose del camino ya recorrido por los Estados participantes en orden a la aplicación del Plan de Acción de la OSCE contra la Trata de Personas, en su calidad de herramienta polivalente al servicio tanto de las autoridades como de la sociedad civil en su labor encaminada a prevenir la trata, enjuiciar a los autores de este crimen y amparar a sus víctimas,
Señalando a la atención la necesidad de reforzar las medidas anteriormente mencionadas, así como de desarrollar redes eficientes de lucha contra la trata que funcionen en los ámbitos multilateral, regional y bilateral, y de aplicar eficazmente los compromisos adoptados, obrando con el pleno apoyo de las estructuras, instituciones y operaciones sobre el terreno de la OSCE, que deberán prestar asistencia al respecto a todo Estado participante que la solicite,
Reiterando la función singular que incumbe a la OSCE en su calidad de entidad catalizadora de la labor mancomunada de las organizaciones internacionales contra la trata de personas en todas sus formas, y elogiando las iniciativas adoptadas por el Representante Especial de la OSCE contra la trata de personas en el marco de la “Alianza contra la trata de personas”,
Decide:
1. Hacer suya la adición al Plan de Acción de la OSCE contra la Trata de Personas: medidas espe- ciales de amparo y asistencia para los niños que son víctimas de la trata, aprobado por la Decisión Nº 685 del Consejo Permanente, de 7 de julio de 2005, que responde expresamente a las necesida- des del sector más vulnerable y desamparado de la trata de personas;
2. Prestar creciente atención a la amenaza cada vez más grave que supone la trata de personas, y adoptar frente a dicha lacra un enfoque pluridimensional y centrado en la víctima que permita combatir la trata como una modalidad de delincuencia organizada y de corrupción, obrando a dicho respecto en el marco del concepto adoptado por la OSCE de una seguridad integral;
3. Encomendar al dispositivo creado por la OSCE contra la trata de personas que presente cada año al Consejo Permanente, a partir de 2006, un informe en el mes de junio sobre los progresos efec- tuados por la OSCE en la lucha contra la trata. En esos informes se incluirá asimismo toda con- tribución aportada por otras estructuras, instituciones y operaciones sobre el terreno de la OSCE sobre asuntos relacionados con la trata de personas en toda el área de la OSCE, así como un análi- sis de los avances efectuados a la luz de los objetivos fijados en el Plan de Acción de la OSCE con- tra la Trata de Personas.
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Decisión Nº 14/05
La mujer en la prevención de conflictos, la gestión de crisis y la rehabilitación posconflicto
El Consejo Ministerial,
Recordando el enfoque integral aplicado por la OSCE a la seguridad para hacer frente a las nuevas amenazas y desafíos, y su compromiso de promover la equiparación de ambos géneros, en conso- nancia con el Plan de Acción 2004 de la OSCE para el fomento de la igualdad entre los géneros,
Recordando también que la OSCE, en su calidad de arreglo regional conforme al Capítulo VIII de la Carta de las Naciones Unidas, es un instrumento clave para la alerta temprana, la prevención de conflictos, la gestión de crisis y la rehabilitación posconflicto en su región,
Reconociendo que el saber, la pericia y la experiencia tanto de los hombres como de las mujeres son un factor esencial para consolidar la paz, la democracia sostenible y el desarrollo económico, y por tanto para la seguridad y la estabilidad en la región de la OSCE,
Reconociendo además que la resolución 1325 (2000) del Consejo de Seguridad de las Naciones Unidas sobre la mujer y la paz y la seguridad vincula la equiparación de los géneros con la segu- ridad, centrando su atención en la función que corresponde a la mujer en asuntos de paz y segu- ridad a todos los niveles,
Reafirmando la Declaración de Beijing y la Plataforma de Acción de Beijing, adoptadas en la Cuarta Conferencia Mundial sobre la Mujer, así como los resultados del vigésimo tercer período extraor- dinario de sesiones de la Asamblea General,
Insistiendo en la importancia que tiene la participación plena y en pie de igualdad de la mujer en todas las fases de la prevención y resolución de conflictos, así como en la consolidación de la paz,
Reconociendo la necesidad de que la OSCE dé pasos concretos para integrar a la mujer en sus acti- vidades de prevención de conflictos, gestión de crisis y rehabilitación posconflicto, adoptando, por ejemplo, medidas destinadas a:
1. Velar por la aplicación proactiva en el seno de la Organización del Plan de Acción 2004 de la OSCE para el fomento de la igualdad entre los géneros, que fue aprobado por el Consejo Perma- nente, en su Decisión Nº 638 de 2 de diciembre de 2004,
2. Incorporar, cuando proceda, a las actividades de la OSCE, aquellas partes de la resolución 1325 (2000) del Consejo de Seguridad de las Naciones Unidas que versan sobre la función que corres- ponde a la mujer en todos los niveles de la prevención de conflictos, la gestión y resolución de cri- sis, y la rehabilitación posconflicto,
3. Alentar a los Estados participantes a crear listas nacionales de candidatas (como se pedía en el párrafo 22 del Plan de Acción 2004 de la OSCE para el fomento de la igualdad entre los géneros) y a adoptar medidas eficaces para asegurarse de que las mujeres están plenamente informadas de los puestos disponibles en la esfera de la prevención de conflictos y la rehabilitación posconflicto, particularmente de los que sean de rango superior, y para animarlas a que los soliciten,
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4. Pedir a los Estados participantes que presenten más candidatas para puestos de jefe de institu- ción y de misión, así como para otros puestos directivos de la OSCE,
5. Alentar positivamente la contratación de mujeres para ocupar puestos en las presencias de la OSCE sobre el terreno, particularmente de rango directivo, a fin de lograr que un número impor- tante de presencias sobre el terreno estén encabezadas por mujeres,
6. Pedir, conforme proceda, a los Estados participantes y a las estructuras de la OSCE que res- palden y alienten la preparación de programas educativos y de capacitación destinados en buena parte a mujeres y niñas, así como otros proyectos cuyo objetivo sea fomentar la participación de la mujer en la consolidación de una paz sostenible; y procuren además dotar de mayor potencial a las organizaciones de mujeres; respaldar las iniciativas de paz emprendidas por mujeres a través de los medios informativos y de talleres sobre derechos humanos y equiparación de géneros, y con- cienciar a las mujeres acerca de la importancia que tiene su participación en los procesos políticos,
7. Pedir también, conforme proceda, a los Estados participantes y a las estructuras de la OSCE que formulen políticas destinadas a alentar la participación plena y en pie de igualdad de la mujer y de las organizaciones femeninas en la prevención y la resolución de conflictos y en la rehabilitación posconflicto, que fomenten y respalden el intercambio de experiencias y mejores prácticas y que además participen en iniciativas de paz promovidas por mujeres,
8. Pedir asimismo a los Estados participantes que tengan en cuenta la importancia de la función que corresponde a las mujeres y niñas y de atender a sus necesidades particulares, a la hora de aplicar sus políticas de protección social y de dar soluciones duraderas en materia de regreso voluntario, reasentamiento, rehabilitación y reinserción o repatriación de refugiados y personas internamente desplazadas en condiciones de seguridad y dignidad,
9. Recomendar a los Estados participantes que evalúen periódicamente su labor en materia de equi- paración de géneros en todo proceso de prevención o gestión de conflictos y de rehabilitación, y que hagan públicas esas evaluaciones a fin de que puedan utilizarse para impartir capacitación al ser- vicio de esa equiparación, así como para dar el cumplimiento debido a los compromisos conexos y aumentar la sensibilización acerca de la importancia de dichos compromisos,
Decide: • Encargar al Secretario General que, en su informe anual sobre los progresos realizados en la aplicación de la Decisión Nº 638 del Consejo Permanente relativa al Plan de Acción 2004 de la OSCE para el fomento de la igualdad entre los géneros, mencione en particular la aplicación en el seno de la Organización de todo párrafo de la resolución 1325 (2000) del Consejo de Seguri- dad de las Naciones Unidas que sea pertinente para la OSCE; • Encarga a la Secretaría que, en el contexto de los objetivos fijados en el Plan de Acción 2004 de la OSCE para el fomento de la igualdad entre los géneros, elabore, en colaboración con los Estados participantes, nuevas medidas destinadas a incrementar sustancialmente el número de mujeres en la Secretaría de la OSCE, así como en las instituciones y las operaciones sobre el terreno, en particular a nivel de cargos de rango superior y directivo; • Encarga a las estructuras e instituciones de la OSCE que elaboren o ajusten todo proyecto, estra- tegia e iniciativa que sea del caso, y que emprendan otras actividades, particularmente con miras al intercambio de información con las Naciones Unidas, a fin de dar cumplimiento a los com- promisos enunciados en la presente decisión;
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• Invita a los Estados participantes de la OSCE y a las instituciones de la OSCE a que informen a la Conferencia Anual para el Examen de la Seguridad acerca de los progresos efectuados en orden al cumplimiento de los compromisos enunciados en la presente decisión.
Decisión Nº 15/05
Prevenir y combatir la violencia contra la mujer
El Consejo Ministerial,
Consciente de que el respeto de los derechos humanos y de las libertades fundamentales, así como la democracia y el Estado de derecho son un componente esencial del concepto de seguridad inte- gral de la OSCE,
Reafirmando la Declaración de las Naciones Unidas sobre la eliminación de la violencia contra la mujer y la Declaración y la Plataforma de Acción de Beijing, aprobadas en la Cuarta Conferen- cia Mundial sobre la Mujer, así como los resultados del vigésimo tercer período extraordinario de sesiones de la Asamblea General,
Reafirmando también que los Estados tienen la obligación de obrar con la diligencia debida para prevenir los actos de violencia contra mujeres y niñas, y para investigar y castigar a los culpa- bles y amparar a las víctimas, y que, de no obrar así, están violando, menoscabando o privando de todo valor al derecho de las víctimas a disfrutar de sus derechos humanos y de sus libertades fundamentales,
Recordando la resolución 1325 (2000) del Consejo de Seguridad de las Naciones Unidas sobre la mujer y la paz y la seguridad, que pide, entre otras cosas, que se respeten y se protejan plenamente los derechos de las mujeres y niñas en el curso y a raíz de todo conflicto armado, así como que se ponga fin a la impunidad de los culpables de actos de violencia sexual,
Reafirmando los firmes compromisos contraídos por los Estados participantes de la OSCE en lo concerniente a los derechos humanos y la equiparación de géneros, así como a la tolerancia y no discriminación, la lucha contra la trata de personas y la mejora de la situación de las poblaciones romaní y sinti,
Profundamente preocupado por la victimización y la particular vulnerabilidad a la violencia de las niñas y de ciertas categorías de mujeres, como por ejemplo las pertenecientes a poblaciones minoritarias o indígenas, las refugiadas e internamente desplazadas, las migrantes, las que viven en zonas rurales o remotas, las indigentes y las que están recluidas en instituciones o en centros de detención, así como las discapacitadas, las ancianas, las viudas, las mujeres inmersas en conflictos armados y las que están discriminadas por otras razones, incluida su condición de portadoras del VIH, y consciente, por ello, de la necesidad de amparar a esas mujeres y niñas,
Haciendo hincapié en el compromiso de ocuparse de las cuestiones de género contraído en el Plan de Acción 2004 de la OSCE para el fomento de la igualdad entre los géneros, así como en las dis- posiciones de dicho Plan concernientes a la prevención y la eliminación de la violencia contra la mujer en los Estados participantes,
Expresando su profunda inquietud por la persistencia de un elevado grado de violencia contra muje- res y niñas en la región de la OSCE, así como por los costes humanos y políticos de ese fenómeno, y consciente de que la violencia contra la mujer constituye una amenaza para la seguridad humana,
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1. Insta a los Estados participantes a que, con el respaldo y la ayuda de la OSCE, adopten toda medida que sea necesaria a nivel legal o normativo y de supervisión y evaluación programática, para promover y amparar el pleno disfrute por la mujer de sus derechos humanos, y para prevenir y combatir todas las formas de violencia de género perpetradas contra mujeres y niñas;
2. Pide a los Estados participantes que cumplan lo dispuesto en la Convención sobre la elimina- ción de todas las formas de discriminación contra la mujer y en la Convención sobre los Derechos del Niño, si son partes en ellas, y, en el caso de que aún no lo sean, que estudien la posibilidad de ratificar dichas convenciones o de adherirse a ellas. Exhorta también a los Estados que ya han rati- ficado dichas convenciones o se han adherido a ellas, a que retiren toda reserva que sea contraria al objeto y a la finalidad de dichas Convenciones;
3. Pide también a los Estados participantes que estudien la posibilidad de dar su firma y ratificación o su adhesión al Protocolo para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños, que complementa la Convención de las Naciones Unidas contra la Delincuen- cia Organizada Transnacional, así como al Protocolo facultativo de la Convención sobre los Dere- chos del Niño relativo a la venta de niños, la prostitución infantil y la utilización de niños en la pornografía y, si procede, al Convenio del Consejo de Europa contra la trata de seres humanos;
4. Toma nota con pesar de que las mujeres víctimas de la violencia se ven a menudo privadas de protección y asistencia, e insta a los Estados participantes a: (i) velar por que a toda mujer víctima de la violencia se le da acceso pleno, equitativo y oportuno a la justicia penal y a medidas de reparación efectiva, y se le facilita asistencia médica y social, par- ticularmente ayuda de emergencia, asesoramiento confidencial y refugio; (ii) promulgar y aplicar leyes que tipifiquen como delito la violencia de género y que introduzcan medidas de protección jurídica adecuada; (iii) brindar la oportuna protección física y psicológica a las víctimas, así como medidas que sir- van de protección adecuada para los testigos; (iv) investigar y enjuiciar debidamente a los culpables, sin dejar de prestarles todo tratamiento que pueda ser del caso; (v) fomentar la plena participación de la mujer en las instituciones judiciales y fiscales y en los cuerpos de seguridad o vigilancia, y a velar por que todo el personal de las instituciones públicas encargadas de esas cuestiones esté debidamente preparado para detectar, instruir y enjuiciar casos de violencia contra mujeres y niñas, y esté sensibilizado a estas cuestiones; (vi) atender a las necesidades especiales de amparo y asistencia de las niñas que sean víctimas de actos de violencia
5. Toma nota también de que los actos de violencia cometidos contra mujeres y niñas no suelen ser denunciados ni se deja constancia de ellos, por lo que no se reflejan adecuadamente en las estadís- ticas, y alienta a los Estados participantes a dar su respaldo a toda tarea encaminada a mejorar la concienciación sobre este tema, así como a esforzarse aún más por recopilar, analizar y divulgar datos comparables, y a prestar apoyo a las ONG especializadas en estas cuestiones y a toda inves- tigación que se emprenda al respecto;
6. Exhorta a los Estados participantes a que adopten medidas encaminadas a fortalecer la inde- pendencia económica de la mujer, aplicando políticas y prácticas de empleo no discriminatorias, facilitando el acceso equitativo a la educación y la capacitación, implantando un sistema de igual- dad de remuneración por el mismo trabajo, y brindándole a la mujer mayores oportunidades labo- rales y educativas, así como igualdad de acceso a los recursos económicos y al control de dichos
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recursos, con miras a reducir su vulnerabilidad frente a toda forma de violencia y particularmente frente a la violencia doméstica y la trata de personas;
7. Insta asimismo a los Estados participantes a que adopten toda medida que sea necesaria para prevenir la violencia de género contra mujeres y niñas inmersas en situaciones de conflicto armado y de emergencia, y a raíz de esas situaciones, así como para llevar a los culpables de dichos delitos ante los tribunales, y a que adopten también medidas especiales para responder a las necesidades de las mujeres y niñas en el entorno creado a raíz de un conflicto;
8. Se complace de la inclusión de los delitos por motivos de género en el Estatuto de Roma de la Corte Penal Internacional y en los elementos constitutivos de delito, que fueron aprobados por la Asamblea de Estados Parte en el Estatuto de Roma, en septiembre de 2002, así como de la defini- ción detallada de las circunstancias en las que dichos delitos puedan constituir crímenes de lesa humanidad y/o crímenes de guerra;
9. Alienta la divulgación de la jurisprudencia pertinente de los Tribunales Penales Internacionales para la ex Yugoslavia y para Ruanda, así como la plena cooperación con esos tribunales;
10. Decide intensificar la cooperación de la OSCE con las estructuras pertinentes de las Naciones Unidas, del Consejo de Europa, de la Unión Europea y de otras organizaciones internacionales, así como con organizaciones no gubernamentales y con la sociedad civil, a fin de promover la preven- ción de toda forma de violencia contra mujeres y niñas y de luchar contra ella;
11. Encarga al Consejo Permanente que aliente a las instituciones y estructuras de de la OSCE que sean del caso, a que formulen programas, proyectos y políticas destinadas a ayudar a los Estados participantes que lo soliciten a combatir la violencia contra mujeres y niñas y a prestar asisten- cia a las víctimas;
12. Pide al Secretario General que preste especial atención a esa cuestión y que informe acerca de la aplicación de la presente decisión en el informe anual que presente al Consejo Permanente sobre el Plan de Acción 2004 de la OSCE para el fomento de la igualdad entre los géneros.
Decisión Nº 16/05
Velar por que toda persona que esté sirviendo en misiones o fuerzas internacionales observe las normas más estrictas en materia de conducta y de responsabilidad pública
El Consejo Ministerial,
Reafirmando los compromisos de la OSCE concernientes a la lucha contra la trata de personas, en particular la Decisión Nº 1 del Consejo Ministerial de Viena del año 2000, la Declaración Minis- terial de Oporto del año 2002 y la Decisión Nº 2/03 del Consejo Ministerial de Maastricht del año 2003, así como el Plan de Acción de la OSCE contra la Trata de Personas, y su adición “Medidas especiales de protección y asistencia a los niños que son víctimas de la trata”,
Recordando el Protocolo de las Naciones Unidas para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños, que complementa a la Convención de las Naciones Uni- das contra la Delincuencia Organizada Transnacional, y la definición integral que en ella se da de la trata de personas,
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Reiterando que la trata de personas, forma contemporánea de esclavitud, menoscaba gravemente el disfrute de los derechos humanos y de las libertades fundamentales,
Preocupado de que el personal civil y militar que esté sirviendo en fuerzas internacionales de man- tenimiento de la paz o en otras misiones internacionales, que actúe al servicio de todo contratista eventual de esas fuerzas o misiones, o que esté sirviendo en alguna operación sobre el terreno de otras organizaciones internacionales o de la propia OSCE, pueda ser un factor que contribuya al ciclo de la trata desde el ángulo de la demanda,
Felicitándose de la labor emprendida por las Naciones Unidas y otras organizaciones internacio- nales con miras a formular y aplicar una política de “tolerancia cero” en orden a la prevención de todo caso de trata de personas por parte del personal de las fuerzas internacionales y demás per- sonal internacional, política que deberá combinarse con toda medida de índole formativa y edu- cativa que se estime oportuna,
Recordando las actividades en curso de todas las organizaciones internacionales pertinentes des- tinadas al desarrollo de un cuerpo común de normas y prácticas recomendadas en orden a la pre- vención y lucha contra la trata de personas,
Preocupado por las denuncias que se han presentado de actos y comportamientos reprobables, atri- buidos a personal civil y militar que está sirviendo en fuerzas internacionales de mantenimiento de la paz y otras misiones internacionales, así como por las denuncias que hablan de su participación en la trata de personas, conforme fue definida en el Protocolo de las Naciones Unidas para preve- nir, reprimir y sancionar la trata de personas, especialmente mujeres y niños, el Consejo Ministe- rial condena con firmeza dichos actos, y desea señalar el efecto pernicioso de tales actos sobre el cumplimiento del mandato de dichas misiones,
Preocupado también por otras denuncias de actos o comportamientos reprobables de personal civil y militar que está sirviendo en fuerzas internacionales de mantenimiento de la paz y otras misio- nes internacionales, particularmente por las denuncias que hablan de casos de abusos o actos de explotación sexual de la población local o de refugiados, así como por la denuncia de ciertos casos de trabajos forzosos, el Consejo Ministerial desea también condenar con firmeza tales actos y recal- car su efecto pernicioso sobre el cumplimiento del mandato de dichas misiones,
Insistiendo en la necesidad de informar y alertar mejor al personal que está sirviendo en misiones internacionales sobre la gravedad de estas cuestiones,
Tomando nota de los esfuerzos desplegados por las Naciones Unidas con miras a conseguir que el personal que esté sirviendo en fuerzas de mantenimiento de la paz y otras misiones internacio- nales observa a este respecto las normas más estrictas de conducta y de responsabilidad pública,
1. Hace un llamamiento a los Estados participantes para que introduzcan toda mejora que pueda ser necesaria en las medidas destinadas a prevenir actos de trata o de explotación de las víctimas de la trata por su personal civil o militar desplegado en el extranjero en misiones de manteni- miento de la paz o en otras misiones internacionales, así como por parte de aquellos de sus ciuda- danos que ocupen cargos de la OSCE. A este respecto, los Estados participantes velarán por que toda norma de rango legal y reglamentario de sus países, así como todo otro documento perti- nente, siga siendo aplicable a sus ciudadanos que estén sirviendo en fuerzas de mantenimiento de la paz o en otras misiones internacionales, con miras a que esas personas observen las normas más estrictas en materia de conducta y de responsabilidad pública;
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2. Exhorta a los Estados participantes que tengan a personal civil o militar suyo desplegado en el extranjero a que presten asistencia, en el marco de su propia competencia y de su respectivo man- dato, a las autoridades competentes del país anfitrión en toda medida destinada a la lucha contra la trata de personas. Todo Estado participante deberá tener en cuenta las políticas aplicables y las consecuencias dimanantes de la trata de personas en las instrucciones que impartan a su personal civil y militar desplegado en el extranjero
3. Exhorta también a los Estados participantes a que adopten toda medida que pueda ser necesaria para prevenir todo caso de abuso o de explotación sexual, así como de imposición de trabajos for- zosos, que pueda ser imputable al personal civil o militar suyo desplegado en el extranjero y que esté sirviendo en fuerzas de mantenimiento de la paz o en otras misiones internacionales, y a que velen por la observancia de las normas de conducta aplicables a dicho respecto, velando al mismo tiempo porque todo caso denunciado sea debidamente investigado y castigado;
4. Reitera la importancia de que se observe el Código de Conducta para funcionarios de la OSCE y la Directiva de personal 11 concerniente a la trata de personas, y encarga al Secretario Gene- ral que, apoyándose en la pericia en este campo del Representante Especial de la OSCE contra la trata de personas y de la Unidad de Asistencia en la Lucha contra la Trata, se encargue de actuali- zar estos documentos para alinearlos con la presente decisión, y que los distribuya entre los Esta- dos participantes para que puedan examinarlos y formular observaciones al respecto antes de que sean publicados;
5. Invita a las autoridades competentes de los Socios de la OSCE para la cooperación a que asu- man también el compromiso de respetar estos principios conforme se han enunciado en la presente decisión, y encarga al Representante Especial de la OSCE contra la trata de personas y al Secreta- rio General de la OSCE que compartan, a dicho fin, toda información o documentación que pueda ser del caso con los Socios de la OSCE para la cooperación;
6. Encarga al Representante Especial de la OSCE contra la trata de personas que comparta con toda otra organización internacional competente la documentación formativa y de otra índole de la OSCE que sea utilizable en la lucha contra la trata de personas;
7. Encarga al Secretario General de la OSCE que presente un informe anual al Consejo Permanente acerca de la aplicación de la presente decisión en lo concerniente al Código de Conducta para fun- cionarios de la OSCE y la Directiva de personal 11 de conformidad con lo dispuesto en la sección III 11.1 del Plan de Acción de la OSCE contra la trata de personas.
Decisión Nº 17/05
Fortalecimiento de la eficiencia de la OSCE
El Consejo Ministerial,
Reafirmando su plena adhesión a las normas, principios y compromisos aplicables en cada una de las tres dimensiones del enfoque integral adoptado por la OSCE en materia de seguridad, que se concertó en el Acta Final de Helsinki 1975, y que se viene confirmando desde la Carta de París para una Nueva Europa, de 1990,
Consciente de la función que desempeña la Organización en su calidad de arreglo regional en el marco del Capítulo VIII de la Carta de las Naciones Unidas,
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Recordando que todos los compromisos contraídos por la OSCE son aplicables por igual a cada uno de los Estados participantes,
Poniendo de relieve el cometido de la Organización como foro para el diálogo político; instrumento clave de alerta temprana, prevención de conflictos, gestión de crisis y rehabilitación posconflicto; y su condición de órgano normativo para sus instituciones y operaciones sobre el terreno, así como sus instrumentos y mecanismos,
Reafirmando la importancia del enfoque tridimensional que la OSCE aplica a la seguridad, así como el carácter interdimensional de dicho enfoque,
Decidido a fomentar la confianza entre los Estados participantes y a reforzar la voluntad de lograr objetivos comunes, por medio de un diálogo político inclusivo y en pie de igualdad, y de una asis- tencia de carácter cooperativo,
Consciente de la necesidad de que la Organización se ocupe sobre todo de aquellas esferas en las que tiene ventajas comparativas y a las que puede aportar un valor añadido, salvaguardando en todo momento su enfoque integral de la seguridad,
Teniendo en cuenta la necesidad de dotar a sus prioridades y planes de acción básicos de una pers- pectiva a largo plazo y de encuadrarlos en un entorno de seguridad en continua evolución,
Decidido también a fortalecer la eficiencia de la Organización, cuyo funcionamiento se basa en la igualdad soberana de los Estados y en la adopción de decisiones por consenso, a fin de mejorar la transparencia y fomentar el sentido de pertenencia de la Organización a todos y cada uno de sus Estados participantes,
Decidido asimismo a que el tema de la equiparación de los géneros sea parte integral de todas las políticas, actividades y programas de la OSCE,
Recordando la Decisión Nº 16/04 del Consejo Ministerial relativa al establecimiento de un Panel de Personas Eminentes encargado de fortalecer la eficiencia de la OSCE,
Elogiando tanto la dedicación como el empeño puesto por el Panel en su labor que ha reportado como resultado el informe titulado: Objetivos comunes, hacia una OSCE más eficiente (CIO.GAL/100/05, de 27 de junio de 2005), y teniendo en cuenta las recomendaciones contenidas en dicho informe,
Teniendo en cuenta también otras contribuciones, especialmente las realizadas por la Asamblea Parlamentaria, así como el resultado de las consultas de alto nivel mantenidas en Viena los días 12 y 13 de septiembre de 2005, que figuran en el Documento interpretativo de la Presidencia (CIO. GAL/132/05, de 16 de septiembre de 2005),
Considerando que hay que seguir esforzándose por adoptar las medidas adecuadas de acuerdo con las recomendaciones del Panel,
1. Encarga al Consejo Permanente que prosiga la labor emprendida a la luz del informe del Panel de Personas Eminentes y de los resultados de las consultas de alto nivel, y que informe al Consejo Ministerial de 2006 acerca de las siguientes tareas: • Preparar un reglamento para las reuniones de la OSCE; • Mejorar el proceso consultivo, tal vez creando una estructura para comités;
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• Estudiar formas de mejorar la planificación y la eficiencia de las conferencias de la OSCE; • Fortalecer la eficiencia, la eficacia y la transparencia de las actividades de la Organización, espe- cialmente de la financiación presupuestaria y extrapresupuestaria de dichas actividades, así como de su valoración y evaluación; • Estudiar nuevas formas de dar más relieve a la función que desempeña el Secretario General, al mismo tiempo que se le otorga pleno respaldo para el cumplimiento de su mandato, intensifi- cando especialmente la cooperación con los jefes de instituciones y operaciones sobre el terreno; • Modernizar la Secretaría, a la luz de las propuestas presentadas por el Secretario General y los Estados participantes con objeto de mejorar su capacidad para respaldar a la Presidencia en ejer- cicio y a los Estados participantes, y para coordinar las actividades de la Organización; • Fortalecer la eficiencia de las instituciones de la OSCE y de sus operaciones sobre el terreno; • Examinar la posibilidad de dotar a la OSCE de una condición jurídica reconocida y de dotarla de privilegios e inmunidades, contando con el asesoramiento de expertos jurídicos; • Seguir mejorando la planificación del programa, para que refleje mejor las prioridades de la Organización; • Estudiar la forma de mejorar la profesionalidad del personal de la OSCE y la gestión de sus recur- sos humanos, prestando la debida atención al equilibrio geográfico y de géneros; • Estudiar la posibilidad de organizar misiones temáticas en todo el ámbito de la OSCE o en el contexto subregional;
2. Encarga a la OIDDH que presente, para su debate en el próximo Consejo Ministerial, un informe sobre: • El cumplimiento de los compromisos vigentes, • La posibilidad de contraer compromisos suplementarios, • El modo de fortalecer y proseguir sus actividades al servicio de las elecciones, • La forma de mejorar la eficacia de la asistencia prestada a los Estados participantes, teniendo en cuenta y respondiendo a toda pregunta que éstos hayan formulado, y obrando en estrecha con- sulta con dichos Estados.
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I. Declaraciones del Consejo Ministerial y otras declaraciones
Declaración de Bruselas sobre los sistemas de justicia penal
Nosotros, miembros del Consejo Ministerial, reafirmamos nuestros compromisos concernien- tes a la administración de la justicia penal, especialmente los enunciados en el Acta Final de Hel- sinki (1975), en el Documento Final de Viena (1989), en el Documento de Copenhague (1990), en la Carta de París para una Nueva Europa (1990), en el Documento de Moscú (1991), en el Docu- mento de Budapest (1994) y en la Carta sobre la Seguridad Europea (1999).
Recordamos las Decisiones del Consejo Ministerial Nº 3/05 relativa a la lucha contra la delincuen- cia organizada transnacional, y Nº 12/05 sobre la labor en defensa de los derechos humanos y del Estado de derecho en el marco de los sistemas de justicia penal (Liubliana, 2005).
Recordamos también los procedimientos del Seminario de la Dimensión Humana en defensa del Estado de derecho y de la equidad de los procesos judiciales en los sistemas de justicia penal (Var- sovia, mayo de 2006).
Recordamos asimismo los instrumentos pertinentes de las Naciones Unidas, especialmente la Declaración Universal de Derechos Humanos, el Pacto Internacional de Derechos Civiles y Polí- ticos y la Convención de las Naciones Unidas contra la Tortura y Otros Tratos o Penas Crueles, Inhumanos o Degradantes.
Recordamos el compromiso contraído por los Estados participantes de velar por la independen- cia de la judicatura.
Reconocemos que nada de lo dispuesto en el presente documento menoscabará en modo alguno los compromisos u obligaciones vigentes contraídos por los Estados participantes en el marco del derecho internacional, ni se apartará de ellos, aunque reconocemos también que cada Estado par- ticipante será quien determine, de acuerdo con su tradición jurídica, la manera más adecuada de dar curso a dichos compromisos u obligaciones en su derecho interno.
Consideramos que: • La independencia de la judicatura es un requisito previo del Estado de derecho, y sirve de sal- vaguardia fundamental de la equidad del proceso penal; • La imparcialidad es esencial al ejercicio de la magistratura; • La integridad es esencial al ejercicio de la magistratura; • El magistrado deberá ser honrado, y además parecerlo;
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• La garantía de la igualdad de trato que debe otorgarse a todo ciudadano ante los tribunales es esencial para el ejercicio debido de la función judicial; • La competencia profesional y la diligencia son requisitos previos para el ejercicio de la función judicial. • Consideramos que: • Los fiscales deben ser personas íntegras y capaces, que estén debidamente formadas; • Los fiscales deben mantener en todo momento el honor y la dignidad de su profesión y el res- peto del Estado de derecho; • La función de la fiscalía debe ser estrictamente independiente de la judicial, y los fiscales debe- rán obrar en el pleno respeto de la independencia y la imparcialidad de los jueces; • Los fiscales deberán cumplir su cometido, conforme a derecho, así como con equidad, cohe- rencia y prontitud, respetando y protegiendo la dignidad humana y haciendo valer los derechos humanos, contribuyendo así a asegurar la legalidad del proceso y el buen funcionamiento de la justicia penal.
Consideramos que: • El personal de los cuerpos de seguridad deberá, en todo momento, cumplir con sus obligaciones impuestas por la ley, obrando al servicio del público y amparando a todas las personas contra todo acto ilícito, de conformidad con el sentido estricto de la responsabilidad que exige su profesión; • En el ejercicio de sus funciones, el personal de los cuerpos de seguridad deberá respetar y pro- teger la dignidad humana, y los derechos humanos de toda persona; • El personal de los cuerpos de seguridad solamente deberá recurrir al uso de la fuerza en la medida en que sea indispensable y adecuado para cumplir con su misión y para velar por la seguridad pública; • En su calidad de miembros del colectivo general de los funcionarios públicos o de toda otra persona que obra a título oficial, el personal de los cuerpos de seguridad se abstendrá de infli- gir, instigar, alentar o tolerar acto alguno de tortura o que constituya un trato o castigo cruel, inhumano o degradante; • Ningún funcionario de los cuerpos de seguridad será sancionado por desacato de una orden de cometer u ocultar algún acto que suponga tortura u algún otro trato o castigo cruel, inhu- mano o degradante; • El personal de los cuerpos de seguridad deberá informarse sobre el estado de salud de toda per- sona que esté bajo su custodia y prestar atención a la misma y, deberá recabar inmediatamente toda asistencia médica que sea necesaria.
Consideramos que: • Han de tomarse todas las medidas necesarias para que se respete, ampare y promueva la liber- tad de ejercicio de la abogacía, sin que haya discriminación alguna, ni interferencia de las auto- ridades o del público en general; • Toda decisión concerniente a la autorización para la práctica de la abogacía o para ser admi- tido en la profesión será tomada por un órgano independiente. Toda decisión de esta índole, aun cuando sea adoptada por un órgano independiente, deberá ser recurrible ante una autori- dad judicial independiente e imparcial; • Ningún abogado debe ser sancionado, ni amenazado con serlo, ni sometido a presión alguna, al obrar en el ejercicio de la abogacía de conformidad con su ética profesional;
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• Todo abogado ha de tener acceso a su cliente, particularmente si se trata de una persona que haya sido privada de su libertad, para que pueda asesorarla en privado y representar a su cliente conforme a la ética de su profesión; • Se ha de tomar toda medida razonable y necesaria para velar por que se respete el carácter con- fidencial de la relación entre el abogado y su cliente. No deberá permitirse excepción alguna a dicho principio, que no se estime compatible con el Estado de derecho; • A ningún abogado se le denegará acceso a un tribunal ante el cual esté habilitado para actuar, y se le dará acceso a todo expediente y prueba que sea del caso para poder defender los derechos e intereses de su cliente con arreglo a la ética de su profesión.
Consideramos que la aplicación coercitiva de toda pena privativa de la libertad y el trato dispen- sado a los reclusos deberá respetar los requisitos de seguridad personal del recluso y de seguridad y disciplina de la institución penitenciaria, al tiempo que se ha de velar por que las condiciones penitenciarias no menoscaben la dignidad humana y brinden actividades ocupacionales útiles y programas adecuados de tratamiento para los reclusos, a fin de prepararlos de esta manera para su reinserción social.
Apelamos a los Estados participantes para que cumplan plenamente sus compromisos y obliga- ciones internacionales a fin de asegurar que el funcionamiento de su sistema de justicia penal sea justo y eficiente.
Declaración ministerial de Bruselas para apoyar y promover el marco jurídico internacional contra el terrorismo
Nosotros, miembros del Consejo Ministerial de la OSCE, reafirmamos nuestra firme determina- ción de luchar contra el terrorismo en todas sus formas y manifestaciones, como delito que no tiene justificación, sea cual fuere su motivación u origen, y de proseguir y reforzar las actividades de la OSCE encaminadas a combatir el terrorismo, de conformidad con los compromisos vigen- tes en el marco de la Organización.
Insistimos en que las medidas necesarias para llevar a cabo esa lucha deben adoptarse con pleno respeto del Estado de derecho y de conformidad con nuestras obligaciones en virtud del derecho internacional, obrando en particular en el marco del derecho internacional aplicable en materia de derechos humanos, de derecho humanitario y de derecho de los refugiados.
Somos conscientes de la importancia de reforzar el marco jurídico internacional contra el terro- rismo, del que forman parte los convenios y los protocolos universales relativos a la prevención y la represión del terrorismo, las resoluciones pertinentes del Consejo de Seguridad de las Naciones Unidas, la Estrategia mundial de las Naciones Unidas contra el terrorismo, recientemente adop- tada, y los instrumentos jurídicos tanto regionales como bilaterales contra el terrorismo.
Hacemos un llamamiento a los Estados participantes en la OSCE para que apliquen las resoluciones pertinentes del Consejo de Seguridad de las Naciones Unidas relativas a la lucha contra el terrorismo.
Acogemos con satisfacción los notables progresos alcanzados por los Estados participantes en el cumplimiento del compromiso contraído en el Consejo Ministerial de Bucarest de pasar a ser par- tes en los 12 convenios y protocolos de lucha contra el terrorismo, dado que ya son 46 los Estados participantes que son partes en los 12 instrumentos que están actualmente en vigor.
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Hacemos también un llamamiento a los Estados participantes que aún no lo hayan hecho, para que se esfuercen al máximo por entrar a ser partes lo antes posible en los convenios y protoco- los universales vigentes de lucha contra el terrorismo, así como para que apliquen dichos conve- nios y protocolos, en particular mediante la tipificación como delito de las infracciones conexas en su derecho interno.
Reiteramos nuestro llamamiento a los Estados participantes en la OSCE para que consideren la posibilidad de entrar a ser partes en el Convenio internacional para la represión de los actos de terrorismo nuclear, en la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional, y en la Convención de las Naciones Unidas contra la corrupción, así como para que respalden los esfuerzos ininterrumpidos por concertar una convención integral contra el terro- rismo internacional, en términos que favorezcan los objetivos de la comunidad internacional en su lucha contra el terrorismo.
Hacemos, asimismo, un llamamiento a los Estados participantes para que estudien la posibili- dad de entrar a ser partes en los instrumentos jurídicos regionales y subregionales contra el terro- rismo o de cooperación judicial en asuntos penales, aprobados en el seno de organizaciones a las que pertenecemos, así como para que concierten – siempre que ello sea preciso para colmar lagu- nas en los instrumentos jurídicos vigentes – acuerdos bilaterales de asistencia judicial recíproca y de extradición, a fin de poder cooperar plenamente, de conformidad con toda norma aplicable de derecho interno o de derecho internacional, en los esfuerzos por localizar y llevar ante la justi- cia a los autores, organizadores, partidarios y patrocinadores de actos terroristas, a tenor del prin- cipio ya establecido de extraditar al terrorista o llevarlo ante la justicia.
Seguiremos intercambiando información especialmente a través del Consejo Permanente y del Foro de Cooperación en materia de Seguridad, sobre los progresos realizados para entrar a ser partes en los instrumentos jurídicos internacionales, regionales y bilaterales relacionados con la lucha contra el terrorismo, y de cooperación judicial en asuntos penales, así como sobre los avances en la legislación nacional relacionada con el terrorismo.
Acogemos con agrado la labor llevada a cabo hasta ahora por los órganos, instituciones y presen- cias de la OSCE sobre el terreno, en colaboración con la Oficina de las Naciones Unidas contra la Droga y el Delito, así como con el Consejo de Europa y con otras organizaciones regionales perti- nentes, encaminada a fortalecer el régimen jurídico contra el terrorismo promoviendo el cumpli- miento por los Estados participantes de las obligaciones contraídas en el marco de los instrumentos universales y regionales de lucha contra el terrorismo de los que formen parte, y facilitando la coo- peración judicial internacional en asuntos penales, al tiempo que alentamos a dichos órganos, ins- tituciones y presencias a que prosigan esa labor.
Seguiremos también desarrollando la interacción con los Socios mediterráneos y asiáticos para la cooperación, en cuestiones relacionadas con el apoyo y la promoción de un marco jurídico inter- nacional contra el terrorismo.
Declaración Ministerial sobre la Migración
1. Nosotros, Ministros de Asuntos Exteriores de los Estados participantes en la OSCE, acogemos con beneplácito el informe preparado acerca de la labor de la OSCE desde 2005, en materia de migración, y expresamos nuestro aprecio y nuestro apoyo ininterrumpido a la labor concerniente a las cuestiones de migración y de integración de la población migrante que se lleva a cabo en las tres dimensiones de la OSCE, por tratarse de un fenómeno que afecta a todos los países, incluidos los países de origen, de tránsito y de destino.
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2. Teniendo en cuenta la importancia que ha adquirido la migración en los asuntos internacionales y nacionales, reafirmamos la validez de la Decisión Nº 2/05 del Consejo Ministerial sobre migra- ción, y pedimos al Consejo Permanente y a los órganos correspondientes de la OSCE que, dentro de su respectivo mandato, sigan estudiando todo lo concerniente a la migración y la integración de migrantes, en el marco de su enfoque integral de la seguridad.
3. En el marco del diálogo de alto nivel de las Naciones Unidas dedicado a la migración interna- cional y el desarrollo, se ha estudiado, entre otras cosas, la relación entre estos dos complejos fenó- menos, insistiéndose en que la migración puede ser un factor positivo en el desarrollo de todos los países y corroborándose la importancia de velar por que haya la debida coordinación entre las organizaciones internacionales y regionales que trabajan en dicho ámbito.
4. Debido a la mundialización y a la movilidad creciente de la población, cobran cada vez mayor importancia el diálogo y la cooperación entre las autoridades nacionales, a nivel tanto bilateral como regional e internacional, con miras a gestionar eficazmente las oportunidades y los desafíos que suscita la migración internacional dentro de los países y entre todos ellos, incluidos los de ori- gen, de tránsito y de destino.
5. Dado que el fenómeno de la migración ha ido en aumento, tanto en su alcance como en su com- plejidad, alentamos a todos los órganos e instituciones pertinentes de la OSCE a que, dentro de su respectivo mandato, prosigan su labor dedicada a las cuestiones de migración, así como a la integración de esas cuestiones en las tres dimensiones, estudiando la contribución potencial de la migración laboral al desarrollo no sólo sostenible sino conjunto de los países; fomentando la inte- gración de la población migrante en el respeto de su diversidad cultural y religiosa; ocupándose del fenómeno de la migración de mano de obra forzada, en el respeto de toda obligación interna- cional que sea aplicable; luchando contra la migración ilegal, así como contra la trata de personas para su explotación, y contra toda práctica de discriminación, abuso o de índole racista contra inmigrantes, con atención especial a las mujeres y a los niños, y facilitando el diálogo, la asocia- ción y la cooperación entre los Estados participantes en la OSCE y los Socios para la cooperación en cuestiones relacionadas con la migración.
6. Reconocemos la excelente labor interinstitucional llevada a cabo en la preparación del Manual OSCE/OIM/OIT para la instauración de políticas eficaces de migración laboral en los países de origen y de destino, así como para fomentar la mejora de la gestión de la migración a través de una amplia gama de actividades. Dicho Manual constituye una herramienta eficaz para el desarrollo de la capacidad interna de los países para responder a este fenómeno y puede ser un factor clave en la preparación de las instituciones públicas para instaurar un sistema de gestión de la migra- ción que permita encauzar debidamente los flujos migratorios.
II. Decisiones del Consejo Ministerial
Decisión Nº 3/06
Lucha contra la trata de personas
El Consejo Ministerial,
Reafirmando los compromisos que los Estados participantes han contraído en el ámbito de la lucha contra la trata de personas,
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Reiterando el Plan de Acción de la OSCE contra la trata de personas, incluida su Adición sobre medidas especiales de amparo y asistencia para los niños que son víctimas de la trata (PC.DEC/557/ Rev.1, de 7 de julio de 2005),
Recordando la Decisión Nº 2/03 de la Undécima Reunión del Consejo Ministerial en Maastricht, relativa a la lucha contra la trata de personas, en la que se estableció, bajo el patrocinio del Consejo Permanente, el mecanismo de la OSCE destinado a prestar asistencia a los Estados participantes en la lucha contra la trata de personas,
Reafirmando la importancia de contar con una estructura adecuada, dotada con los recursos admi- nistrativos y financieros suficientes, que pueda funcionar a nivel político;
1. Decide que el mecanismo de la OSCE para prestar asistencia a los Estados participantes en la lucha contra la trata de personas, establecido bajo el patrocinio del Consejo Permanente, pase a for- mar parte integrante de la Secretaría. Esta estructura estará encabezada por una personalidad emi- nente, que actuará como Representante Especial y representará a la OSCE a nivel político, y estará constituida por personal contratado y adscrito, que incluirá al personal de la actual Dependencia de Asistencia para la lucha contra la trata, nombrado o asignado de conformidad con el Estatuto y el Reglamento de Personal de la OSCE;
La estructura:
(a) Prestará asistencia a los Estados participantes de la OSCE en el cumplimiento de los compro- misos y la plena aplicación de las recomendaciones enunciadas en el Plan de Acción de la OSCE contra la trata de personas, incluida su Adición sobre medidas especiales de amparo y asistencia para los niños que son víctimas de la trata;
(b) Velará por la coordinación de los esfuerzos de la OSCE para luchar contra la trata de personas en las tres dimensiones de la Organización, y actuará como centro de intercambio para la labor de la OSCE en esa esfera;
(c) Reforzará la cooperación entre las autoridades correspondientes de los Estados participantes, y entre la OSCE y otras organizaciones pertinentes;
(d) Realzará la proyección pública y política de la lucha contra la trata de personas;
(e) Actuará en toda la zona de la OSCE y, según proceda, ayudará a los Estados participantes, con espíritu de cooperación y tras mantener consultas con las autoridades correspondientes de los Estados participantes interesados, a que cumplan sus compromisos relativos a la lucha contra la trata de personas;
(f) Brindará y facilitará asesoramiento y asistencia técnica en el ámbito legislativo, así como en la elaboración de políticas, en colaboración, si es necesario, con otras estructuras de la OSCE acti- vas en ese ámbito;
(g) Estará preparada para prestar asesoramiento a autoridades de alto nivel que representen a los poderes legislativo, ejecutivo y judicial en los Estados participantes, y estudiará con ellas la apli- cación del Plan de Acción de la OSCE contra la trata de personas, incluida su Adición, así como el cumplimiento de los compromisos asumidos en el ámbito de la lucha contra la trata. En casos con- cretos que exijan una atención especial, procurará entablar contactos directos, según corresponda,
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con el Estado participante de que se trate, y estudiará la forma de prestarle asesoramiento y ayuda concreta, si fuera necesario;
(h) Cooperará con coordinadores nacionales, relatores nacionales, u otros mecanismos nacionales establecidos por los Estados participantes para coordinar y supervisar las actividades de las insti- tuciones públicas en materia de lucha contra la trata. Cooperará asimismo con las organizaciones no gubernamentales pertinentes en los Estados participantes. Además, será responsable dentro de la OSCE de acoger y facilitar reuniones de intercambio de información y de experiencias entre coordinadores nacionales, representantes designados por los Estados participantes, o expertos en la lucha contra la trata de personas;
(i) Cooperará estrechamente, actuando como coordinadora y respetando plenamente sus manda- tos respectivos, con la Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH) y con otras instituciones de la OSCE; con las estructuras correspondientes de la Secretaría, incluida la Ofi- cina del Coordinador de las Actividades Económicas y Medioambientales de la OSCE (OCAEM); con la Dependencia de asuntos policiales de carácter estratégico; con el Asesor Superior sobre cuestiones de equiparación, así como, si procede, con las operaciones de la OSCE sobre el terreno. Aprovechando los conocimientos especializados de la OSCE, las estructuras de la Organización que emprendan actividades en este ámbito mantendrán consultas entre sí y con el Representante Especial, a fin de evitar la duplicación de labores, asegurar su complementariedad y coherencia y, según proceda, procurar desarrollar un enfoque integrado;
(j) Cooperará con los interlocutores internacionales pertinentes y tratará de establecer sinergias con ellos, entre otros, con organizaciones regionales, organismos intergubernamentales y organi- zaciones no gubernamentales; y seguirá convocando, presidiendo y organizando iniciativas con- juntas de la Alianza contra la Trata de Personas;
2. Pide al Secretario General y a la Presidencia en Ejercicio que mantengan consultas sobre el nom- bramiento de una personalidad eminente que posea la experiencia profesional y política especia- lizada que sea del caso: • El Secretario General nombrará a una personalidad eminente como coordinador, a nivel de D2, con el consentimiento de la Presidencia, de conformidad con la Decisión Nº 15/04 de la Duodé- cima Reunión del Consejo Ministerial en Sofía; • La Presidencia en ejercicio conferirá al coordinador las funciones y el título de Representante Especial para la lucha contra la trata de personas, con el fin de permitir al titular del puesto que represente adecuadamente a la OSCE a nivel político. Se consultará a los Estados participantes de conformidad con la Decisión Nº 8 de la Décima Reunión del Consejo Ministerial en Oporto;
3. Afirma que el Representante Especial será políticamente responsable ante el Consejo Perma- nente y le informará periódicamente y cuando proceda, tras evacuar las oportunas consultas con la Presidencia en ejercicio y con el Secretario General, así como de conformidad con la Decisión Nº 13/05 de la Decimotercera Reunión del Consejo Ministerial en Liubliana;
4. Acuerda que, del 2007 en adelante, cambien las modalidades de financiación, de modo que el programa actual que figura en el Presupuesto Unificado con el título “Representante Especial para la lucha contra la trata de personas” pase a formar parte del Programa principal titulado actual- mente “Unidad de Asistencia para la lucha contra la trata”;
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5. Decide que la presente decisión enmiende a la Decisión Nº 2/03 de la Undécima Reunión del Consejo Ministerial en Maastricht y que, en caso necesario, pueda ser enmendada por el Con- sejo Permanente.
Decisión Nº 5/06
Delincuencia organizada
El Consejo Ministerial,
Preocupado porque la delincuencia organizada explota cada vez mejor nuestra economía mun- dializada y nuestras sociedades abiertas, y porque supone un desafío multidimensional creciente para todos los Estados participantes en toda el área de la OSCE,
Preocupado porque la delincuencia organizada dispone de inmensos recursos y puede llegar a detentar un enorme poder, con el que puede llegar a socavar los valores democráticos en nues- tras sociedades y constituir una amenaza, tanto directa como indirecta, para la seguridad perso- nal de los ciudadanos o la de sus bienes,
Preocupado asimismo ante las amenazas y riesgos que suponen los vínculos existentes entre la delincuencia organizada y la trata de personas, el tráfico de armas y de drogas ilícitas, la corrup- ción y el terrorismo, así como con otras actividades delictivas de ámbito nacional o transnacional,
Convencido de que la lucha contra la delincuencia organizada debe seguir siendo un elemento esen- cial de nuestra política al servicio de la seguridad de las personas y sus bienes, tanto en el ámbito nacional como a través de la cooperación internacional,
Subrayando que la mejor manera de luchar contra la delincuencia organizada es a través de insti- tuciones democráticas que respeten los derechos humanos y el Estado de derecho, y que den razón y cuenta de su actuación ante la ciudadanía y ante la sociedad civil,
Poniendo de relieve la función clave que desempeña todo sistema de justicia penal eficiente y efec- tivo a la hora de mantener la seguridad pública de las personas y sus bienes,
Reconociendo que las políticas y las actividades del sistema de la justicia penal deben abarcar e incorporar todo lo concerniente a la prevención del delito, la aplicación coercitiva de la ley, la poli- cía, la judicatura, la fiscalía, la defensa letrada, y el sistema penitenciario,
Reconociendo que un sistema de justicia penal eficiente y eficaz sólo es edificable sobre el funda- mento del Estado de derecho y el respeto de los derechos humanos, y que un Estado de derecho sólo puede sobrevivir bajo el amparo de tales sistemas de justicia penal,
Consciente de que un sistema de justicia penal eficiente y eficaz, basado en el Estado de derecho, constituye un requisito previo para luchar contra la delincuencia organizada, la trata de personas, el tráfico de armas y drogas ilícitas, el terrorismo, la corrupción, y toda otra modalidad de activi- dad delictiva tanto nacional como transnacional, y que toda respuesta directa a tales desafíos a la seguridad deberá darse dentro del marco general de un sistema de justicia penal,
Reconociendo la importancia siempre actual de las pautas y normas de las Naciones Unidas en materia de prevención del delito y justicia penal, así como de la función de la Oficina de las Nacio- nes Unidas contra la Droga y el Delito (ONUDD) en orden a su adopción y aplicación, y acogiendo
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con satisfacción la creciente cooperación entre la Secretaría de la OSCE, la ONUDD y la Comisión de las Naciones Unidas de Prevención del Delito y Justicia Penal,
Tomando nota de las actividades de otros órganos de las Naciones Unidas y de otros foros inter- nacionales en el ámbito del Estado de derecho,
Reconociendo la importancia del cumplimiento de las obligaciones contraídas en el marco de la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional (Conven- ción de Palermo) y, cuando proceda, de los protocolos que la complementan, así como de la Con- vención de las Naciones Unidas contra la Corrupción, en cuanto instrumentos para luchar contra la delincuencia organizada y la corrupción y para promover la cooperación internacional en asun- tos penales,
Tomando nota de todos los Convenios pertinentes, así como de sus protocolos, elaborados en el marco del Consejo de Europa,
Tomando nota de los resultados obtenidos en los seminarios y talleres de la OSCE que tuvieron lugar en 2005 y en 2006, dedicados a la cooperación judicial internacional en asuntos delictivos, la prevención del terrorismo, y la lucha contra las drogas y toda otra forma de tráfico o de trata,
Consciente de la necesidad que la OSCE centre sus esfuerzos en reforzar la cooperación legal inter- nacional y en perfeccionar los sistemas de la justicia penal como parte de su agenda de seguridad general, en coordinación con las Naciones Unidas y con otros foros multilaterales,
1. Insta a los Estados participantes a que sigan respondiendo a la grave amenaza que supone la delincuencia organizada, y a que intensifiquen el cumplimiento de sus respectivas obligaciones internacionales y de los compromisos contraídos en el seno de la OSCE en cada uno de los ámbi- tos de sus sistemas de justicia penal;
2. Recomienda que se estudie la posibilidad de adoptar, si procede, planes nacionales dedicados a cuestiones de seguridad, y a que empleen un enfoque integrado, teniendo presente el hecho de que cada elemento del sistema de la justicia penal influye en todos los demás;
3. Invita a los Estados participantes a que estudien la posibilidad de hacer una autoevaluación de su sistema de justicia penal, valiéndose para ello, cuando proceda, de los instrumentos facilitados por las organizaciones internacionales, tales como los instrumentos de evaluación de la ONUDD/ OSCE, y si es necesario aprovechen al máximo otras herramientas facilitadas, el Consejo de Europa, así como por otras organizaciones, instituciones académicas o colegios de abogados;
4. Insta a los Estados participantes a que presten la debida atención a la integridad y a la profe- sionalidad de sus servicios de vigilancia y seguridad y del personal del ministerio fiscal, así como a la administración eficiente de la justicia, al buen gobierno del sistema judicial, a la independen- cia de la judicatura y a un funcionamiento adecuado de su sistema penitenciario, y a que estudien la introducción de penas sustitutorias de la pena de prisión;
5. Recomienda, como parte de la planificación de políticas de prevención y de lucha contra la delincuencia organizada, que se mejoren las técnicas de recogida y análisis de datos, que se ela- boren y se utilicen a nivel nacional métodos de evaluación de riesgos y amenazas, y que se pro- mueva el intercambio de información pericial y de prácticas recomendables en la medida en que ello aún no se lleve a cabo;
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6. Recomienda que se intensifiquen las medidas nacionales orientadas a la cooperación, la coordi- nación y el intercambio de información en el ámbito internacional, como importante medida de lucha contra la delincuencia organizada transnacional;
7. Insta a los Estados participantes a que refuercen la cooperación internacional en asuntos pena- les, estudiando, por ejemplo, la posibilidad de adherirse a la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional (Convención de Palermo) y, si procede, a los pro- tocolos que la complementan, así como a la Convención de las Naciones Unidas contra la Corrup- ción, y mediante el cumplimiento de las obligaciones que hubieren contraído en virtud de dichos documentos, y de todo otro instrumento de cooperación judicial tanto multilateral como bilate- ral en los que sean parte, prestando particular atención a los artículos concernientes a la asisten- cia judicial mutua y la extradición;
8. Insta a los Estados participantes a que estudien la posibilidad de adherirse al Convenio sobre el traslado de personas que estén cumpliendo una sentencia penal (Estrasburgo, 21 de noviembre de 1983), así como a su Protocolo Adicional de 1997, si procede, y de concertar acuerdos bilaterales que complementen dicho Convenio, para facilitar el traslado de los condenados a penas de prisión;
9. Expresa su apoyo a toda medida de cooperación policial internacional y toma nota de los resul- tados de la reunión de jefes de policía, organizada por la OSCE en Bruselas el 24 de noviembre de 2006, así como de la sugerencia que se hizo de que se reúnan periódicamente, siempre que tales reuniones se coordinen y cooperen con otras reuniones de jefes de policía;
10. Recomienda que se tomen medidas de información y divulgación destinadas a la población, instituyendo un régimen de cooperación entre las autoridades de los servicios de vigilancia y segu- ridad y las organizaciones de la sociedad civil, con miras a que los ciudadanos adquieran mayor conciencia de sus derechos cívicos y civiles, aumente su confianza en el sistema de la justicia penal en su calidad de garante de tales derechos, y no vacilen en acudir, cuando proceda, a la autori- dad competente;
11.(a) Encomienda al Secretario General y a los órganos ejecutivos pertinentes de la OSCE que, en el marco de su respectivo mandatos, presten más atención en sus políticas y en sus actividades a la función clave que incumbe a la justicia penal en la consolidación de las instituciones y en el fomento del Estado de derecho, y que cooperen y coordinen sus actividades más estrechamente, a fin de tener más en cuenta la interacción entre los órganos que integran ese sistema; (b) Encarga al Secretario General y a los órganos ejecutivos pertinentes de la OSCE que, en el marco de su respectivo mandato, desarrollen y consoliden el acervo de conocimientos y la experiencia acumulada en materia de justicia penal y de delincuencia organizada; (c) Encarga al Secretario General que apoye y promueva la cooperación judicial internacional en asuntos penales entre los Estados participantes, teniendo también en cuenta el marco que brinda a dicho respecto la Convención de las Naciones Unidas contra la Delincuencia Organizada Trans- nacional y apoyando la labor de su Conferencia de las Partes en dicho instrumento, y que siga cooperando con la ONUDD en cuestiones concernientes a la lucha contra la delincuencia orga- nizada y la droga; (d) Encarga al Secretario General y a la OIDDH que informen periódicamente al respecto a los Estados participantes, presentándoles además un informe conjunto por escrito antes de la pausa de verano de 2007 acerca de la puesta en práctica de las tareas antes mencionadas; (e) Encarga al Consejo Permanente que tome nota del informe arriba mencionado y que, si pro- cede, estudie la posibilidad de darle seguimiento;
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(f) Encarga al Secretario General y a los órganos ejecutivos pertinentes de la OSCE, incluida la OIDDH, que coordinen, siempre que proceda, su labor con otras organizaciones e instituciones internacionales, cooperando con ellas y manteniéndose preparados para reaccionar a propuestas de proyecto y a peticiones de cooperación formuladas por los Estados participantes, encomen- dándoles además que estudien la posibilidad de facilitar la asistencia a programas de formación, obrando siempre en el marco de su respectivo mandato y en la medida en que se disponga de con- tribuciones para tal fin; (g) Subraya la importancia de intensificar la coherencia y la continuidad de las medidas de todos los órganos interesados de la OSCE, así como de reforzar la cooperación con los organismos espe- cializados competentes. En este sentido, encomienda al Secretario General que mejore la coordina- ción de tales actividades, obrando siempre en el marco de su respectivo mandato y de los recursos disponibles. También invita a los Estados participantes a prestar apoyo a dichas actividades.
Decisión Nº 7/06
Contra el empleo de internet al servicio del terrorismo
El Consejo Ministerial,
Recordando su decisión anterior sobre este tema (MC.DEC/3/04),
Gravemente preocupado por el creciente recurso a Internet para fines terroristas conforme ya se indicó en la anterior decisión y en otras ocasiones,
Reafirmando a este respecto la importancia de respetar plenamente la libertad de opinión y la libertad de expresión, que conllevan la libertad de buscar, recibir e impartir información, todos ellos factores clave para el funcionamiento de una democracia y que de hecho se ven reforzados por Internet (PC.DEC/633 de 11 de noviembre de 2004) y el Estado de derecho,
Consciente de que la resolución 1624 (2005) del Consejo de Seguridad de las Naciones Unidas pide a los Estados que adopten toda medida que sea necesaria y oportuna, de conformidad con sus obli- gaciones contraídas al respecto en el marco del derecho internacional, para proscribir toda incita- ción a cometer actos terroristas y para prevenir dichos actos,
Reiterando su compromiso asumido en el marco de la Estrategia mundial de las Naciones Unidas contra el terrorismo, en particular de “coordinar, a nivel regional e internacional, las actividades de lucha contra el terrorismo en todas sus formas y manifestaciones en Internet” y de “utilizar Inter- net como instrumento para luchar contra la propagación del terrorismo, reconociendo al mismo tiempo que los Estados tal vez necesiten asistencia a ese respecto”,
Tomando nota de la indicación dada en el informe del Comité del Consejo de Seguridad contra el Terrorismo (S/2006/737 de 15 de septiembre de 2006) de que varios Estados han notificado que están estudiando la forma de incorporar a su derecho interno la proscripción de toda incitación al terrorismo por Internet,
Tomando nota de otras novedades al respecto, particularmente de las obligaciones prescritas en el Convenio del Consejo de Europa sobre la prevención del terrorismo, por las que los Estados Parte en este Convenio han de penalizar toda incitación pública a cometer delitos terroristas y toda prác- tica encaminada a reclutar y adiestrar personal para el terrorismo,
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Recordando el Convenio del Consejo de Europa contra los delitos cibernéticos (2001), que cons- tituye el único instrumento multilateral jurídicamente vinculante contra los delitos cibernéticos y que sirve de marco legal común para la cooperación internacional entre los Estados Parte en dicho Convenio en su lucha contra los delitos cibernéticos, así como su Protocolo adicional concerniente a la penalización de todo acto racista o xenófobo que se cometa a través de un sistema informático,
Reconociendo el compromiso asumido en la Cumbre de los G8 (San Petersburgo, Federación de Rusia, 16 de julio de 2006) de contrarrestar eficazmente toda tentativa de aprovechar el espacio cibernético para fines terroristas, condenando en particular toda tentativa de cometer actos terro- ristas, de comunicar y planear dichos actos, y de reclutar y adiestrar terroristas, y tomando nota en particular de la función asignada a la Red 24/7 contra la Delincuencia Informática, creada por el G8 para la lucha contra todo acto delictivo en el espacio cibernético,
Recordando los resultados de la Reunión Especial de la OSCE sobre la relación entre la propaganda racista, xenófoba y antisemita por Internet y la delincuencia inspirada en el odio (París, 15 y 16 de junio de 2006), así como los resultados del Taller Pericial de la OSCE contra el empleo de Internet para fines terroristas (Viena, 13 y 14 de octubre de 2005) y el Taller Pericial de la OSCE-Consejo de Europa al servicio de la prevención del terrorismo: lucha contra la incitación al terrorismo y otras actividades conexas (Viena, 19 y 20 de octubre de 2006) y toda labor pertinente efectuada por la Secretaría de la OSCE y sus instituciones, y en particular por su Representante para la Libertad de los Medios de Comunicación y la OIDDH,
Tomando nota de la diversidad de criterios utilizados en los países para definir el contenido “ilegal” y “objetable” de estos actos y los diversos métodos utilizables para combatir todo contenido ilegal y reprobable de los mensajes que circulen en el espacio cibernético, tales como el posible recurso a toda información policial reservada que se obtenga acerca del contenido y el tráfico de mensajes por Internet, a fin de cerrar todo sitio utilizado por organizaciones terroristas y sus patrocinadores,
Preocupado por la serie ininterrumpida de actos de piratería informática que, aunque no sean terro- ristas, no deja de ser indicio de la pericia acumulada en dichas prácticas que pudiera ser utilizada para ataques terroristas contra sistemas informáticos, que perturben la labor de infraestructuras básicas o de instituciones financieras, así como el funcionamiento de redes de comunicación esenciales,
1. Decide intensificar la actuación en esta esfera de la OSCE y de sus Estados participantes, refor- zando en particular la cooperación internacional en orden a la lucha contra el empleo de Inter- net para fines terroristas;
2. Exhorta a los Estados participantes a que estudien la adopción de medidas adecuadas para prote- ger toda infraestructura o red de comunicación esencial contra la amenaza de ataques cibernéticos;
3. Exhorta a los Estados participantes a que estudien pasar a ser partes de los instrumentos inter- nacionales y regionales concernientes a estos delitos y a que cumplan sus obligaciones en ellos con- traídas, incluidos los convenios del Consejo de Europa sobre delitos cibernéticos (2001) y sobre prevención del terrorismo (2005);
4. Alienta a los Estados participantes a que se adhieran a la Red 24/7 del G8 contra la Delincuen- cia Informática y a que designen a una persona o unidad de contacto adecuada con esta red con miras a agilizar la cooperación policial internacional contra el empleo delictivo del espacio ciber- nético y en la instrucción de toda causa penal que requiera el empleo de pruebas electrónicas;
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5. Exhorta a todos los Estados participantes a que, cuando hayan de ocuparse de algún conte- nido informático de índole ilegal alojado en su territorio y al que sea aplicable su derecho interno, adopten toda medida apropiada contra dicho contenido y cooperen con otros Estados interesa- dos, obrando de conformidad con su derecho interno, las normas de todo Estado de derecho y sus obligaciones internacionales, así como a la luz del derecho internacional aplicable en materia de derechos humanos;
6. Invita a los Estados participantes a que incrementen su vigilancia de todo sitio web utilizado por organizaciones terroristas o por grupos extremistas violentos, así como por sus partidarios y a que refuercen sus intercambios de información en el marco de la OSCE y de otros foros pertinentes acerca del empleo de Internet para fines terroristas y sobre las respuestas que se estén dando en el marco de su derecho interno, sin dejar de respetar las normas internacionales aplicables en mate- ria de derechos humanos y sus obligaciones al respecto, y sin dejar tampoco de velar por el res- peto de la intimidad, y de la libertad de opinión y de expresión, exigible en el marco de un Estado de derecho. Debe evitarse toda duplicación de esfuerzos con las actividades en curso emprendi- das en otros foros internacionales;
7. Recomienda a los Estados participantes que exploren la posibilidad de involucrarse más activa- mente con las instituciones de la sociedad civil y del sector privado en la prevención y lucha con- tra el empleo de Internet para fines terroristas;
8. Alienta a los Estados participantes a que tomen parte en mayo de 2007 en la “conferencia política de la OSCE sobre colaboración entre el sector público y el sector privado en la lucha contra el terro- rismo” que se celebrará en Viena y que estará dedicada al cometido esencial que incumbe al sector privado, particularmente a las empresas, la sociedad civil y los medios informativos, actuando en colaboración con las autoridades públicas, en orden a la prevención y lucha contra el terrorismo;
9. Encarga al Secretario General que promueva, particularmente a través de la Red de la OSCE con- tra el Terrorismo, el intercambio de información sobre la amenaza que supone el empleo de Internet para fines terroristas, particularmente en orden a la incitación y planificación de actos terroristas y al reclutamiento y adiestramiento de personal y la recaudación de fondos para dichos actos, así como sobre toda medida legislativa y de otra índole que se adopte para combatir esta amenaza.
Decisión Nº 13/06
Lucha contra la intolerancia y la discriminación, y al fomento del respeto y el entendimiento mutuos
El Consejo Ministerial,
Recordando que el respeto de los derechos humanos y de las libertades fundamentales, así como de la democracia y el Estado de derecho, constituyen el núcleo del concepto integral de la seguri- dad adoptado por la OSCE,
Reconociendo que las manifestaciones de discriminación e intolerancia constituyen una amenaza para la seguridad de las personas y para la cohesión social de nuestros países, y que pueden oca- sionar brotes de violencia y conflictos a gran escala,
Reconociendo también que el fomento de una cultura de equidad, respeto y entendimiento mutuos y la aspiración a la igualdad de oportunidades para una participación efectiva en las sociedades democráticas requieren un enfoque sistemático, integral y a largo plazo,
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Profundamente preocupado por las manifestaciones públicas de racismo, xenofobia y discrimi- nación,
Reafirmando que es preciso que los Estados participantes estén decididos a luchar contra todo acto y manifestación de animadversión, y contra todo delito motivado por el odio, y reconociendo que dicha lucha conlleva a menudo que se les dé a dichos actos una respuesta común, que no deje de reconocer al mismo tiempo el carácter singular de muchas de esas manifestaciones y el trasfondo histórico de cada una de sus modalidades,
Recordando sus compromisos en la esfera de la tolerancia y de la no discriminación consagrados en el Acta Final de Helsinki de 1975, en la Carta de París para una Nueva Europa de 1990, en el Documento de 1991 del Simposio de Cracovia sobre el Patrimonio Cultural de los Estados par- ticipantes de la CSCE, en la Carta de 1999 sobre la Seguridad Europea, así como en las decisio- nes del Consejo Ministerial de la OSCE adoptadas en Oporto (MC(10). DEC/6), Maastricht (MC. DEC/4/03), Sofía (MC.DEC/12/04) y Liubliana (MC.DEC/10/05),
Recordando el interés creciente de la OSCE por la lucha contra la intolerancia y la discriminación, así como por el fomento del respeto y el entendimiento mutuos, plasmados en las Conferencias de 2003 de Viena sobre el Antisemitismo y sobre el Racismo, la Xenofobia y la Discriminación, la Con- ferencia de abril de 2004 de Berlín sobre Antisemitismo, la Reunión de París de junio de 2004 sobre la relación entre la propaganda racista, xenófoba y antisemita por Internet y los delitos motivados por el odio, la Conferencia de Bruselas de septiembre de 2004 sobre la tolerancia y la lucha contra el racismo, la xenofobia y la discriminación, y la Conferencia de Córdoba de junio de 2005 sobre el antisemitismo y otras formas de intolerancia, y evocando los resultados de dichas conferencias,
Reafirmando su determinación de dar cumplimiento a los compromisos vigentes de la OSCE en los ámbitos de la tolerancia y la no discriminación, y tomando nota de la contribución de las reu- niones temáticas de 2006, concernientes a la tolerancia y centradas en cuestiones de aplicación práctica, que se dedicaron al fomento del entendimiento intercultural, interreligioso e interét- nico (Alma-Ata), así como a programas educativos para promover el respeto y el entendimiento mutuos y la educación acerca del Holocausto (Dubrovnik), y a la recogida de datos sobre delitos motivados por el odio (Viena),
Reconociendo el apoyo prestado por los tres Representantes Personales del Presidente en ejercicio a la iniciativa general de la OSCE contra la intolerancia y la discriminación, y deseando que en el curso de 2007 el Presidente en ejercicio examine su contribución a dicha iniciativa, en consulta con los Estados participantes,
Reconociendo la función esencial que incumbe a la sociedad civil en la lucha contra la intoleran- cia y la discriminación, y en pro del respeto y el entendimiento mutuos,
Alarmado ante todo auge de colectivos, movimientos y partidos políticos que hacen apología de la violencia,
Preocupado asimismo, en este sentido, por toda manifestación violenta de extremismo relacio- nada con el racismo, la xenofobia, el antisemitismo, el nacionalismo agresivo y el neonazismo,
Recordando la contribución de la OSCE a la Iniciativa de las Naciones Unidas por una Alianza de Civilizaciones con el objetivo de forjar una voluntad política colectiva y de movilizar acciones con- certadas a nivel tanto institucional como de la sociedad civil a fin de promover el respeto y el enten- dimiento mutuos, y tomando nota del informe del Grupo de Alto Nivel, presentado al Secretario
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General de las Naciones Unidas el 13 de noviembre de 2006 en Estambul, orientado a establecer, bajo la égida de las Naciones Unidas, alianzas funcionales entre organizaciones internacionales que comparten los objetivos de la Alianza de Civilizaciones,
1. Decide convocar, en la primera mitad de 2007, una conferencia de alto nivel sobre la lucha con- tra la discriminación y el fomento del respeto y el entendimiento mutuos, como actividad de seguimiento de la Conferencia de Córdoba de 2005 sobre el antisemitismo y otras formas de into- lerancia, y acoge con satisfacción la oferta de Rumania de servir de sede para dicha conferencia;
2. Encomienda al Consejo Permanente que estudie la manera de seguir fortaleciendo, a partir de 2007, la eficacia, la coherencia y la homogeneidad de la labor de la OSCE en la lucha contra la intolerancia y la discriminación y en orden al fomento del respeto y el entendimiento mutuos, con miras a mejorar el cumplimiento de los compromisos asumidos;
3. Alienta a los Estados participantes a que reconozcan las aportaciones positivas que pueden rea- lizar todas y cada una de las personas a la índole armoniosa y plural de nuestras sociedades, pres- tando su apoyo a políticas centradas en la igualdad de oportunidades y de derechos, así como de acceso a la justicia y a los servicios públicos, y respaldando el recurso al diálogo y a la participa- ción efectiva de los ciudadanos;
4. Se compromete a obrar en aras de que se reconozca la valía de la diversidad cultural y religiosa como fuente de enriquecimiento mutuo de las sociedades, y reconoce la importancia de la inte- gración social dentro del respeto por la diversidad cultural y religiosa, como elemento clave para promover el respeto y el entendimiento mutuo;
5. Pide a los Estados participantes que aborden las causas originarias de la intolerancia y la discri- minación fomentando políticas y estrategias nacionales de educación integrales, así como desper- tando la conciencia pública mediante medidas que: • mejoren el entendimiento entre las diferentes culturas, etnias, religiones o creencias, y fomen- ten el respeto mutuo; • aspiren a prevenir la intolerancia y la discriminación contra cristianos, judíos, musulmanes y miembros de otras religiones; • promuevan el recuerdo y la educación sobre la tragedia del Holocausto, así como sobre otros actos de genocidio, reconocidos como tales conforme a la Convención de 1948 para la Preven- ción y la Sanción del Delito de Genocidio, y crímenes contra la humanidad;
6. Reconoce la aportación importante que los jóvenes pueden hacer en la lucha contra la intoleran- cia y la discriminación, y alienta a que se prosigan y se amplíen las actividades de fomento de la ecuación cívica, tales como la educación en derechos humanos desde una edad temprana en toda la región de la OSCE, y que se organice un acto de la OSCE dedicado a la juventud en 2007 teniendo en cuenta la experiencia y los conocimientos especializados de otras organizaciones pertinentes tanto internacionales como regionales en este ámbito, a fin de evitar la duplicación de trabajos;
7. Decide promover la preparación del personal de los cuerpos de seguridad mediante actividades de capacitación y la elaboración de directrices sobre la forma más efectiva e idónea de reaccionar ante delitos motivados por actitudes o posturas intolerantes, así como potenciar una interacción beneficiosa de la policía con las víctimas, y animar a éstas a denunciar todo delito motivado por el odio, así como organizando, por ejemplo, cursos de capacitación para los agentes de primera línea, y poniendo en práctica programas de acercamiento a la población y apoyo a las víctimas,
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a fin de mejorar las relaciones entre la población y la policía, y creando centros de consulta, asis- tencia y protección al servicio de las víctimas;
8. Deplora toda declaración pública racista, xenófoba y discriminatoria, y hace hincapié en que los representantes políticos pueden influir positivamente en el fomento general del respeto y el enten- dimiento mutuos, y coadyuvar notablemente a paliar las tensiones internas en las sociedades, al criticar en público los actos e incidentes motivados por el odio, y al reconocer las contribuciones positivas que todas las personas pueden aportar a la edificación de una sociedad plural y armoniosa;
9. Reconoce la función esencial que pueden desempeñar unos medios informativos libres e inde- pendientes en las sociedades democráticas, y la gran influencia que pueden tener tanto para con- trarrestar como para agudizar las percepciones erróneas y los prejuicios. Y en ese sentido, fomenta la adopción de un código de conducta profesional de los medios informativos o de todo otro meca- nismo autorregulatorio adecuado que ayude a velar por una mayor profesionalidad y exactitud de los medios informativos y por la plena observancia de sus normas de ética profesional por los periodistas;
10. Subraya la importancia crucial de que los Estados promulguen un marco jurídico sólido que garantice la igualdad ante la ley y el debido amparo judicial de las víctimas, y de que procuren crear políticas y planes estratégicos que faciliten la no discriminación y la igualdad de oportunidades;
11. Alienta a los Estados participantes a que redoblen sus esfuerzos para cumplir sus compromi- sos de llevar y mantener estadísticas y bases de datos fidedignas sobre delitos motivados por el odio, que son indispensables para poder formular políticas efectivas y asignar recursos suficien- tes para la lucha contra incidentes motivados por el odio; y, en este contexto, invita también a los Estados participantes a que faciliten medios para potenciar a los agentes de la sociedad civil a fin de que coadyuven a vigilar y denunciar todo incidente motivado por el odio del que tengan cono- cimiento, y para prestar auxilio a las víctimas de tales delitos;
12. Decide que los Estados participantes deben poner más empeño en fomentar las actividades de la sociedad civil, a través de regímenes de asociación o alianza efectiva y de un fortalecimiento del diálogo y la cooperación entre la sociedad civil y las autoridades estatales en la esfera del fomento del respeto y el entendimiento mutuos, la igualdad de oportunidades y la inclusión de personas y colectivos minoritarios en la sociedad, así como a través de la participación de la sociedad civil en la lucha contra la intolerancia, particularmente mediante la creación de mecanismos de con- sulta locales, regionales o nacionales, según proceda;
13. Alienta a los órganos ejecutivos de la OSCE a que, dentro de sus mandatos respectivos, integren elementos de lucha contra la intolerancia y la discriminación, y a favor del respeto y del entendi- miento mutuos en sus actividades presentes y futuras en toda la región de la OSCE;
14. Alienta a la Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH) a que, sobre la base de los compromisos actuales, lleve a cabo lo siguiente, en colaboración, si procede, con los órganos ejecutivos de la OSCE: (a) Siga reforzando la labor de su Programa al servicio de la tolerancia y la no discriminación, y en particular de sus programas de asistencia, para ayudar a los Estados participantes que lo soliciten a cumplir sus compromisos; (b) Siga reforzando la labor del Panel Asesor de Expertos en libertad de religión o creencia, brin- dando apoyo y asistencia pericial a los Estados participantes;
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(c) Prosiga su estrecha cooperación con otros organismos intergubernamentales pertinentes y enti- dades de la sociedad civil al servicio del fomento del respeto y el entendimiento mutuos y de la lucha contra la intolerancia y la discriminación, en tareas como la recogida de datos sobre deli- tos motivados por el odio; (d) Siga actuando como centro de recogida de información y de estadísticas sobre delitos motiva- dos por el odio y sobre las respuestas legislativas dadas por los Estados participantes, y que facilite esa información al público en general por conducto de su Sistema de información sobre la tole- rancia y la no discriminación, y por medio de su informe sobre desafíos y respuestas a incidentes motivados por el odio en la región de la OSCE; (e) Refuerce, en la medida en que sus recursos lo permitan, su función de alerta temprana, para detectar e informar acerca de tendencias e incidentes motivados por el odio dándolos a conocer mejor, formulando recomendaciones y facilitando asistencia a los Estados participantes, que la soliciten, en aquellos ámbitos que requieran respuestas mejor calibradas;
15. Alienta al Representante para la Libertad de los Medios de Comunicación a que, en la medida en que disponga de recursos para ello, estudie la posibilidad de examinar prácticas idóneas en cuestiones de su incumbencia relacionadas con la lucha contra la intolerancia;
16. Aguarda con sumo interés el seguimiento que vayan a dar las Naciones Unidas al informe del Grupo de Alto Nivel sobre la Iniciativa de la Alianza de Civilizaciones, con miras a estudiar toda contribución adecuada que pueda aportar la OSCE a su puesta en práctica.
Decisión Nº 14/06
Intensificación de los esfuerzos para luchar contra la trata de personas especialmente para fines de explotación laboral, mediante un enfoque integral y proactivo
El Consejo Ministerial,
Gravemente preocupado por el hecho de que todas las formas de la trata de personas sigan estando muy extendidas en la región de la OSCE y fuera de ella, a pesar de la intensificación del esfuerzo nacional e internacional por contrarrestar dicha lacra,
Considerando que la trata de personas es un delito grave y atroz que viola la dignidad humana, atenta contra el disfrute de los derechos humanos y las libertades fundamentales de los ciudada- nos, y alimenta las redes de la delincuencia organizada,
Consciente de que la aplicación coercitiva de la ley y el procesamiento de los autores de estos deli- tos, así como, según proceda, el amparo, la rehabilitación, la integración y la reinserción social de la víctima, asegurándole además su acceso efectivo a la justicia, junto con toda política de preven- ción de este delito mediante medidas orientadas al sector de la demanda, son factores importan- tes para luchar eficazmente contra la trata de personas,
Poniendo de relieve que la complejidad de la trata exige que se le dé una respuesta multidimensio- nal, a cargo de agentes múltiples que deberán obrar de forma coordinada en el ámbito tanto nacio- nal como regional e internacional,
Reiterando el apoyo de los Estados participantes al proceso de ratificación y aplicación de la Con- vención de las Naciones Unidas contra la Delincuencia Organizada Transnacional (la Convención
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de Palermo) y de su Protocolo complementario para prevenir, reprimir y sancionar la trata de per- sonas, especialmente mujeres y niños,
Reafirmando la importancia del Plan de Acción de la OSCE contra la trata de personas, junto con su adición sobre las medidas especiales de amparo y asistencia para los niños que son víctimas de la trata, que hizo suya el Consejo Ministerial de Liubliana en 2005, así como su aplicación por los Estados participantes,
Tomando nota de los resultados de la Conferencia de alto nivel sobre la trata de personas para fines de explotación laboral forzosa o de servidumbre por deudas, sanción penal de los delincuen- tes y justicia para las víctimas, celebrada en noviembre de 2006,
Recordando el Pacto Internacional de Derechos Económicos Sociales y Culturales, en particular sus artículos 6 y 7 sobre el derecho al trabajo y el disfrute de condiciones laborales justas y favorables,
1. Hace un llamamiento a los Estados participantes para que prosigan su colaboración política a alto nivel con el Representante Especial para la lucha contra la trata de personas, con el fin de mejorar el cumplimiento de los compromisos de la OSCE concernientes a la lucha contra la trata;
2. Insta a los Estados participantes a que promuevan la adopción de un enfoque integral para la lucha contra todas las formas de la trata de personas, mediante acuerdos nacionales, regionales e internacionales, medidas de cooperación y coordinación entre el personal de los cuerpos de segu- ridad, inspecciones laborales, dependencias de protección social, instituciones sanitarias, servi- cios de inmigración y de fronteras, organizaciones de la sociedad civil, servicios de apoyo a las víctimas, así como a través de la comunidad empresarial y otros agentes pertinentes, y adoptando también un enfoque para ocuparse de las cuestiones de género. Con ese fin, se recomienda a los Estados participantes que establezcan mecanismos nacionales de consulta y que nombren coor- dinadores nacionales;
3. Insta también a los Estados participantes a que, con el apoyo, si lo solicitan, de los órganos e ins- tituciones de la OSCE mejoren sus sistemas de investigación y de recopilación y análisis de datos, con el debido respeto de la confidencialidad de los datos y que, cuando sea posible, desglosen las estadísticas por género, edad y otros factores pertinentes, con el fin de evaluar mejor el carácter y la magnitud del problema y de desarrollar políticas efectivas y bien orientadas sobre la trata de per- sonas. Con ese fin, se recomienda a los Estados participantes que estudien la posibilidad de nom- brar relatores nacionales o de crear otros mecanismos de supervisión independientes similares;
4. Insta a los Estados participantes a que, obrando, siempre que proceda, en colaboración con las organizaciones internacionales y las ONG, intenten reducir el riesgo de que las víctimas repatria- das vuelvan a ser objeto de trata, especialmente abordando los factores que hacen que las perso- nas sean más vulnerables a la trata, como por ejemplo la pobreza, la discriminación, la falta de acceso a la educación y a las oportunidades económicas, el abuso sexual y la violencia doméstica, y llevando a cabo evaluaciones de riesgo para velar por que en el retorno de las víctimas se tenga debidamente en cuenta su seguridad;
5. Subraya la importancia de garantizar a las víctimas de la trata el acceso a la justicia penal, ase- sorándoles e informándoles de sus derechos en un idioma que entiendan, así como ofreciéndoles la posibilidad de obtener una compensación por los daños sufridos, y hace un llamamiento a los Estados participantes para que cumplan con sus obligaciones contraídas a tenor de las disposi- ciones pertinentes de la Convención de Palermo y de su Protocolo complementario para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños;
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6. Alienta a los Estados participantes a que luchen con mayor empeño contra la trata de personas para fines de explotación laboral procurando velar, en particular, porque: (a) Su legislación penal interna en esa esfera cumpla con los requisitos del Protocolo para preve- nir, reprimir y sancionar la trata de personas, especialmente mujeres y niños, que complementa a la Convención de Palermo. Con ese fin, se alienta a los Estados participantes a que velen por que todo delito de ese tipo sea detectado y juzgado debidamente; (b) Su legislación laboral refleje las normas laborales mínimas aplicables en la materia, y velando también por que se aplique dicha normativa, con el fin de reducir la trata de personas para fines de explotación laboral; (c) Se organicen programas de capacitación para el personal pertinente, así como para toda per- sona que pueda entrar en contacto con presuntas víctimas de la trata, como puede ser el caso de trabajadores sanitarios, trabajadores sociales, inspectores laborales y otras personas, con objeto de mejorar su capacidad para identificar a las víctimas de la trata a fin de remitirlas a los servicios de asistencia y protección que proceda; (d) Se introduzcan campañas de información para concienciar a los ciudadanos ante el problema de la trata que no contribuyan a estigmatizar aún más a la población de los grupos sociales más vulnerables, lo que podría reducirla a una indefensión aún mayor ante los abusos en materia de derechos humanos; (e) Se adopten estrategias de mayor contacto con los sectores afectados, obrando para ello en cola- boración con las ONG pertinentes, que promuevan la divulgación de información sobre la trata de personas para fines de explotación laboral entre las comunidades migrantes y las personas que trabajan en oficios mal remunerados, o en sectores vulnerables como la agricultura, la construc- ción o las industrias de confección o de restauración, o como empleadas domésticas, con el fin de mejorar el acceso de las víctimas a la asistencia y a la justicia y de alentar a las personas que poseen información sobre posibles situaciones de trata a que remitan a las víctimas a dichos servicios de asistencia e informen a las autoridades pertinentes para que éstas investiguen cuando haya razo- nes fundadas para creer que se ha cometido un delito; (f) Se desarrollen y empleen metodologías de investigación avanzadas que permitan identificar y llevar ante los tribunales a los autores de la trata, sin depender únicamente del testimonio de la propia víctima; (g) Se adopten las mejores prácticas operativas de investigación policial de la trata de personas para fines de explotación laboral, procurando además que los miembros de la policía que se ocu- pan de esa cuestión se mantengan en contacto con el personal de contraparte de los organismos encargados de investigar las condiciones laborales, a fin de que se adopte un enfoque multidisci- plinario que ayude a identificar a las víctimas y a amparar sus derechos;
7. Encomienda al Consejo Permanente que estudie las formas de seguir intensificando la labor de lucha contra la trata de personas, especialmente para fines de explotación laboral, teniendo en cuenta los compromisos de la OSCE en esa esfera, el Plan de Acción sobre la lucha contra la trata de personas y las conclusiones de la Conferencia sobre la trata de personas para fines de explota- ción laboral forzosa o de servidumbre por deudas, sanción penal de los delincuentes y justicia para las víctimas, celebrada en noviembre de 2006.
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Decisión Nº 15/06
Lucha contra la explotación sexual de los niños
El Consejo Ministerial,
Consciente de que la explotación sexual de los niños es un problema grave y de gran alcance en toda la región de la OSCE y fuera de ella, con múltiples manifestaciones intervinculadas de todo tipo de formas de explotación sexual de niños, incluidas la prostitución, la pornografía infantil, la trata de niños para su explotación sexual, el turismo sexual y el matrimonio forzado de niños,
Consciente también de que la explotación sexual de los niños viola la dignidad humana y atenta gravemente contra el disfrute de los derechos humanos y de las libertades fundamentales,
Considerando que la explotación sexual de los niños constituye un atroz y grave crimen en el que en muchos casos interviene la delincuencia organizada, y que hay que prevenir, investigar, llevar ante los tribunales y castigar por todos los medios posibles,
Subrayando la necesidad de abordar la amplia gama de factores que contribuyen a que los niños sean vulnerables ante la explotación sexual, incluidas las disparidades económicas, la falta de acceso a la educación y la discriminación, especialmente la discriminación por razones de género, así como la necesidad de contrarrestar la demanda de pornografía infantil y turismo sexual, y de prevenir los actos de los autores de estos delitos,
Considerando que la explotación sexual de los niños va en aumento y se está expandiendo mediante el empleo de nuevas tecnologías, como por ejemplo Internet,
Reafirmando todos los compromisos de la OSCE a ese respecto,
Tomando nota de la resolución sobre la lucha contra la trata y la explotación de niños en la por- nografía, aprobada por la Asamblea Parlamentaria de la OSCE en Bruselas, en su decimoquinto período anual de sesiones,
Consciente de las disposiciones conexas de los instrumentos internacionales pertinentes, entre ellos la Convención de las Naciones Unidas sobre los Derechos del Niño y su Protocolo faculta- tivo relativo a la venta de niños, la prostitución infantil y la utilización de niños en la pornogra- fía; el Protocolo para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños, que complementa la Convención de las Naciones Unidas contra la Delincuencia Organi- zada Transnacional; y las decisiones y recomendaciones de los órganos internacionales pertinentes,
Teniendo en cuenta las disposiciones del Convenio del Consejo de Europa sobre el delito ciberné- tico (2001) relacionadas con la pornografía infantil,
Recordando la Declaración y el Programa de Acción del Primer Congreso Mundial contra la explo- tación sexual comercial de los niños, que tuvo lugar en Suecia en 1996, y el Compromiso Global de Yokohama adoptado en el Segundo Congreso Mundial, celebrado en Japón en 2001,
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El Informe del Secretario General sobre la violencia contra los niños* fue presentado el 11 de octu- bre de 2006 a la Tercera Comisión de la Asamblea General por el experto independiente Sr. Paulo Sergio Pinheiro.
1. Condena la explotación sexual de los niños en todas sus formas, entre las que se pueden citar las siguientes: (a) La prostitución infantil y la pornografía infantil, incluidas las actividades de ofrecer, captar, seducir, proporcionar o reclutar a un niño para tales fines, o lucrarse con la explotación sexual de un niño; (b) Recurrir a la coerción, la fuerza, el fraude, las amenazas, el abuso de confianza o de la autoridad o la influencia sobre un niño, u ofrecer o dar dinero u otras formas de remuneración a cambio de actividades sexuales, especialmente en tiempos de conflicto armado o en situaciones posconflicto; (c) Producir, distribuir, divulgar o transmitir, ofrecer o facilitar de alguna otra forma cualquier tipo de pornografía infantil (por Internet u otra vía informática, o por algún otro medio); (d) Adquirir o estar deliberadamente en posesión de pornografía infantil; (e) Traficar con niños para su explotación sexual;
2. Exhorta a los Estados participantes a alinear su normativa con sus compromisos y obligaciones internacionales a este respecto;
3. Insta a los Estados participantes a que adopten un enfoque integral del problema de la explota- ción sexual de los niños, abordando sus causas profundas y los factores que contribuyen a agra- varlo, incluida la demanda que constituye un factor de fomento de la explotación sexual del niño en todas sus formas, así como a que diseñen estrategias integrales y adopten medidas proactivas encaminadas a prevenir y combatir la explotación sexual de los niños;
4. Insta firmemente a los Estados participantes a que introduzcan toda medida judicial que proceda para enjuiciar la explotación sexual de los niños y prescriban penas eficaces, que sean proporcio- nales a la gravedad del delito y resulten disuasorias. A ese respecto, alienta a los Estados partici- pantes a que estudien toda reforma legal que les permita procesar a sus ciudadanos por delitos sexuales graves contra los niños, aunque se hayan cometido en otro país;
5. Exhorta a los Estados participantes a que refuercen las facultades de sus cuerpos de seguridad para obrar proactivamente en la investigación de estos delitos y denunciarlos, llevando ante los tribunales a los presuntos delincuentes;
6. Hace un llamamiento a los Estados participantes para que brinden protección jurídica, asis- tencia, atención sanitaria adecuada y programas de rehabilitación y reinserción social, a los niños víctimas de la explotación sexual y para que, cuando proceda, velen por el retorno seguro de esos niños a sus hogares;
7. También hace un llamamiento a los Estados participantes para que conciencien a la sociedad, a todos los niveles, acerca del problema de la explotación sexual de los niños;
* UNGA A/61/299 distribuido el 29 de agosto de 2006. El Estudio del Secretario General de las Naciones Unidas sobre la Violencia contra los Niños fue presentado el 11 de octubre de 2006 a la 3ª Comisión de la Asamblea General (http://www.violencestudy. org), por el Experto Independiente, Paulo Sergio Pinheiro (http://www.vio- lencestudy.org/a30).
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8. Aconseja a los Estados participantes que introduzcan algún sistema de inscripción registral de datos sobre la explotación sexual de los niños, velando por que esos datos sean plenamente com- patibles e intercambiables, pero sin dejar de respetar la confidencialidad de los datos personales, y les aconseja que desarrollen mecanismos para la investigación de estos delitos y la recopilación de datos sobre los mismos;
9. Respalda las medidas adoptadas por los Estados participantes en colaboración con las organi- zaciones no gubernamentales (ONG) y con los representantes de los sectores de la economía que sean del caso, por ejemplo las agencias de viajes, el ramo de la hostelería o el sector de los medios informativos, con miras a ir eliminando la demanda que fomenta la explotación sexual de los niños;
10. Insta a los Estados participantes a que incrementen su cooperación al servicio de la detección e investigación de estos delitos y del procesamiento y castigo de toda persona culpable de explo- tación sexual de los niños;
11. Recomienda que los Estados participantes organicen programas de capacitación concernientes a la explotación sexual de los niños para miembros de su personal judicial y de la policía, y para personas que trabajen en los sectores del turismo, del transporte, de la asistencia social, de la aten- ción sanitaria, así como en la sociedad civil, o en organizaciones religiosas y la educación;
12. Aboga por que las autoridades competentes de los Estados participantes colaboren, sin dejar de respetar su normativa interna en materia de protección de datos personales, con los proveedores de servicios de Internet, con las compañías de tarjetas de crédito, con los bancos y otras corpora- ciones, así como con las ONG que sean del caso, a fin de velar por que toda información relacio- nada con la explotación sexual de los niños sea debidamente inscrita en un registro y actualizada;
13. Recomienda la creación de líneas de emergencia telefónicas o por Internet, tal vez en colabo- ración con ONG, que permitan que los ciudadanos puedan denunciar con carácter confidencial todo caso de explotación sexual de niños del que tengan conocimiento, a fin de que dichas denun- cias sean investigadas por los servicios de seguridad, y de que se pueda prestar a las víctimas y sus familias el apoyo adecuado;
14. Toma nota de las iniciativas de la sociedad civil para combatir la explotación sexual de los niños, entre las que cabe citar el Código de Conducta para la protección de los niños contra la explota- ción sexual en los viajes y el turismo, redactado por la ECPAT (acabar con la prostitución infantil, la pornografía infantil y la trata de niños para su explotación sexual);
15. Encomienda a los órganos ejecutivos de la OSCE que, en el marco de su respectivo mandato, estudien la manera de alertar e impartir formación a los funcionarios de la OSCE con miras a con- cienciarlos y capacitarlos para responder a la lacra de la explotación sexual de los niños, teniendo en cuenta el Código de Conducta para los funcionarios de la OSCE y la Directiva de personal Nº 11 concerniente a la trata de personas;
16. Alienta a los órganos ejecutivos de la OSCE que sean del caso a que, en el marco de sus respec- tivos mandatos, se ocupen del tema de la explotación sexual de los niños, así como de todo vín- culo que tenga dicha explotación con la trata de personas, e insiste en la necesidad de que tanto dichos órganos como los Estados participantes colaboren con otras organizaciones internaciona- les, ONG y sectores de la sociedad civil en la lucha contra esta lacra.
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Decisión Nº 17/06
Mejora del proceso de consultas
El Consejo Ministerial,
Teniendo presente el enfoque integral de la OSCE en materia de seguridad, que abarca las dimen- siones político-militar, económica y medioambiental, y humana, y reconociendo al mismo tiempo que es necesario aplicar un ángulo interdimensional tanto en lo que se refiere a un enfoque con- ceptual como en cuanto a las actividades del programa,
Tomando nota de la recomendación del Panel de Personas Eminentes de que se estructure un órgano en forma de comité que facilite un proceso consultivo y decisorio que resulte más participatorio, interactivo y transparente, a fin de que todos los Estados participantes intervengan de forma más activa y eficiente, dotando así a dicho proceso de una base más amplia y sólida,
Recordando la Decisión Nº 17/05 del Consejo Ministerial de Liubliana, relativa al fortalecimiento de la eficiencia de la OSCE,
Reconociendo la necesidad de mejorar el proceso actual de consulta y de diálogo, con miras a ponerlo también al servicio de la labor preparatoria de los debates, de las conclusiones y de las decisiones del Consejo Permanente,
Consciente de que es aconsejable evitar la formación de meros grupos de trabajo, así como la crea- ción de órganos adicionales,
Deseando reforzar la cooperación, así como responder con mayor eficiencia a las nuevas amenazas contra la seguridad y estructurar un marco más completo y eficaz para el diálogo político entre todos los Estados participantes,
Decide establecer los siguientes comités, en calidad de órganos subsidiarios informales del Con- sejo Permanente:
Un Comité de Seguridad (…)
Un Comité Económico y Medioambiental, que sustituirá al actual Subcomité Económico y Medioam- biental del Consejo Permanente (…)
Un Comité de la Dimensión Humana, que desempeñará las siguientes tareas • Debatir cuestiones relativas a la dimensión humana, así como el cumplimiento por los Estados participantes de sus compromisos en esta esfera; • Prestar apoyo a los preparativos de las reuniones sobre las aplicaciones de la dimensión humana y otras reuniones dedicadas a dicha dimensión; • Estudiar, cuando se lo pida la Presidencia tras haber consultado al respecto con los Estados par- ticipantes, toda cuestión interdimensional que guarde alguna relación especial con la dimen- sión humana; • Debatir las recomendaciones presentadas al Consejo Permanente concernientes al programa de trabajo, así como toda medida de seguimiento que proceda dar a las recomendaciones formu- ladas en las reuniones de la dimensión humana;
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Decide además que:
Al principio de cada año, la Presidencia, obrando en consulta con los Estados participantes, vuelva a definir las tareas de los tres Comités anteriormente mencionados y les señale un programa de tra- bajo que sea reflejo de los objetivos y las prioridades de la Organización, y en el que se preste ade- más la debida atención a las cuestiones interdimensionales que estén en curso de ser examinadas. (…)
Los Comités antes mencionados se reunirán de modo informal, y deberán informar, por conducto del Comité Preparatorio, al Consejo Permanente, ocupándose además de prestarle, por dicho con- ducto, asesoramiento, así como de presentarle recomendaciones y de prepararle toda decisión que sea del caso. Las disposiciones pertinentes del Reglamento de la OSCE, particularmente las de su capítulo V(A), serán aplicables a la labor de los tres Comités. (…)
Por regla general, cada Comité se reunirá al menos una vez al mes. Por iniciativa de la Presiden- cia, o del presidente del Comité respectivo, o a petición de uno o más Estados participantes, cada Comité se podrá reunir tan a menudo como sea necesario, siempre que sea preciso celebrar con- sultas o se haya de preparar una decisión para su adopción por el Consejo Permanente. La Presi- dencia y los presidentes de cada Comité evitarán convocar reuniones simultáneas de dos o más órganos subsidiarios informales.
Los Comités podrán examinar toda cuestión que sea de su competencia, obrando a instancia de la Presidencia, del Consejo Permanente o de uno o más Estados participantes.
La participación en las reuniones de los tres nuevos Comités, así establecidos, se regirá por lo dis- puesto en los párrafos 6 a 9 del capítulo V(A) del Reglamento de la OSCE, al igual que si se tratara de una reunión del Comité Preparatorio.
La Secretaría de la OSCE prestará apoyo a las actividades de cada uno de los Comités.
La presente decisión será aplicable por un período de un año, a partir del 1 de enero de 2007, y será examinada por el Consejo Permanente, al finalizar el año, con miras a tomar una decisión acerca de su posible prórroga, a la luz de la experiencia adquirida con esos tres nuevos órganos subsidiarios.
Decisión Nº 19/06
Fortalecimiento de la eficiencia de la OSCE
El Consejo Ministerial,
Teniendo en cuenta las recomendaciones del Panel de Personas Eminentes (CIO.GAL/100/05), de 27 de junio de 2005,
En cumplimiento de la Decisión Nº 17/05 del Consejo Ministerial relativa al fortalecimiento de la eficiencia de la OSCE,
Reafirmando su plena adhesión a las normas, principios y compromisos de la OSCE, consagrados en particular en el Acta Final de Helsinki 1975 y en la Carta de París para una nueva Europa, de 1990, que se aplican por igual a todos los Estados participantes,
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Poniendo de relieve el papel que desempeña la Organización en su calidad de acuerdo regional en el marco del capítulo VIII de la Carta de las Naciones Unidas, y como instrumento clave de alerta temprana, prevención de conflictos, gestión de crisis y rehabilitación posconflicto,
Reafirmando el enfoque integral de la OSCE con respecto a la seguridad y la importancia de sus tres dimensiones, la político-militar, la económica y la medioambiental, y teniendo en cuenta al mismo tiempo que muchas de sus actividades son de naturaleza interdimensional,
Conscientes de los retos comunes con que se enfrentan los Estados participantes y de la necesidad de cooperar en un espíritu de alianza operativa y de comunidad de objetivos,
Haciendo un llamamiento a los Estados participantes para que aprovechen plenamente el poten- cial de la Organización como foro de diálogo político,
Alentando a los Estados participantes a que hagan uso, cuando proceda, de la ayuda que les brin- dan las instituciones de la OSCE y sus operaciones sobre el terreno para el cumplimiento de sus compromisos,
Confirmando su determinación de fortalecer la eficiencia de la OSCE y de seguir manteniendo la Organización y sus métodos de trabajo a la altura de las exigencias que imponen los tiempos y los nuevos retos, con miras a alcanzar especialmente los siguientes objetivos: • Definir mejor la labor de la Organización y dar más prioridad a aquellas esferas en las que goza de una ventaja comparativa, • Velar por que haya una coherencia a largo plazo entre las prioridades y los planes de acción, de conformidad con los compromisos y decisiones de la OSCE, • Mejorar la transparencia y la eficacia del proceso decisorio basado en la igualdad soberana de los Estados y en la regla del consenso, • Fomentar entre los Estados participantes un espíritu de comunidad de objetivos y de respon- sabilidades compartidas,
Sección 1: Informe del Consejo Permanente
1. Agradece al Consejo Permanente la labor llevada a cabo con arreglo al párrafo 1 de la Decisión Nº 17/05 del Consejo Ministerial, y toma nota del informe publicado bajo la responsabilidad de la Presidencia (MC.GAL/2/06); (…)
Sección 2: Informe de la OIDDH
1. Agradece a la OIDDH la labor que lleva a cabo a tenor del párrafo 2 de la Decisión Nº 17/05 del Consejo Ministerial, y toma nota de su informe publicado el 10 de noviembre de 2006;
2. Reconoce que la OIDDH ha demostrado, en la ejecución de su mandato, su capacidad para pres- tar asistencia a los Estados participantes en el cumplimiento de sus compromisos en el marco de la dimensión humana;
3. Recuerda a los Estados participantes su deber de alinear su legislación y sus prácticas concer- nientes a la dimensión humana con los compromisos asumidos en el seno de la OSCE;
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4. Toma nota de la evaluación del estado actual de cumplimiento de los compromisos asumidos por los Estados participantes, e insiste de nuevo en que cada Estado participante debe hacerse responsable del cumplimiento efectivo de sus compromisos contraídos en el seno de la OSCE. La OIDDH cumple, a dicho respecto, una función importante de asistencia;
5. Encomienda al Consejo Permanente la tarea de responder, a la luz de las recomendaciones de la OIDDH y de otras instituciones pertinentes de la OSCE, a todo reto que dificulte el cumplimiento de los compromisos en los ámbitos señalados en el informe, estudiando la manera de aprovechar mejor la asistencia de la OIDDH;
6. Toma nota de las sugerencias del informe sobre los nuevos compromisos, y pide al Consejo Per- manente que prepare un informe al respecto con la antelación requerida para presentarlo a la reu- nión del Consejo Ministerial que tendrá lugar en Madrid en 2007;
7. Reconoce la pericia acumulada por la OIDDH en la prestación de asistencia a los Estados par- ticipantes a través de sus actividades al servicio de las elecciones, particularmente en lo relativo a su examen de la normativa legal electoral aplicable en materia electoral y a sus observaciones sobre el desarrollo de las elecciones;
8. Se compromete a seguir desarrollando las actividades de la OSCE en materia de elecciones y, en este sentido, reafirma lo dispuesto en el Documento de la Reunión de Copenhague sobre la Dimen- sión Humana de la CSCE (1990), por tratarse de la piedra angular de los compromisos comunes, asumidos por los Estados participantes en la OSCE, en orden al amparo y la promoción de los derechos humanos y de las libertades fundamentales, y particularmente de todo derecho o liber- tad requerida para el desarrollo normal de unas elecciones democráticas;
9. Toma nota de que las disposiciones pertinentes de la Declaración de la Cumbre de Budapest (1994), de la Declaración de la Cumbre de Lisboa (1996), de la Declaración de la Cumbre de Estambul (1999), de la Carta sobre la Seguridad Europea (1999) y de las decisiones subsiguientes de los Consejos Ministeriales de Oporto (2002) y de Maastricht (2003) han complementado dichos compromisos;
10. Reitera los compromisos asumidos por los Estados participantes de invitar a observadores de otros Estados participantes, así como de la OIDDH, de la Asamblea Parlamentaria de la OSCE y de las instituciones y organizaciones pertinentes, a que observen sus elecciones si lo desean;
11. Pone de relieve que los Estados participantes pueden coadyuvar eficazmente a mejorar la inte- gridad del proceso electoral mediante el envío de observadores;
12. Reconoce que sigue siendo necesario velar por que toda misión de observación de elecciones sea objetiva, transparente y profesional, dándose razón y cuenta de sus observaciones;
13. Conviene en que la OIDDH debe poner en práctica toda mejora y recomendación que se for- mule acerca de sus actividades electorales, incluidas las que consten en el informe, y especial- mente las que se enumeran a continuación, e informará con regularidad acerca de su aplicación, por conducto de su Director, para que dicha aplicación sea objeto de examen por el Consejo Per- manente, con miras a: • Seguir fortaleciendo la metodología aplicada para el proceso de observación, así como sus pro- gramas de asistencia; • Velar por dar cobertura geográfica lo más amplia posible a las actividades de la OIDDH con- cernientes a las elecciones;
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• Seguir diversificando la participación de observadores a corto y a largo plazo y de “equipos bási- cos”, sobre la base de un mayor apoyo por parte de un mayor número de Estados participantes, alentando a estos Estados a que hagan contribuciones al fondo de diversificación, apoyando las medidas nacionales de capacitación y desarrollando redes de observadores electorales profesio- nales que abarquen a toda la OSCE; • Sin dejar de observar las pautas profesionales más estrictas, seguir mejorando la transparen- cia en la contratación de miembros de los equipos de observación, mediante campañas publi- citarias, cursos de formación, procedimientos competitivos y listas abiertas para la selección de jefes de misión de observación y de miembros de los “equipos básicos”, que se comunicarán periódicamente a los Estados participantes y podrán ser consultadas a través de bases de datos de acceso público; • Salvaguardar al máximo la independencia, imparcialidad y profesionalidad de la labor de obser- vación de elecciones de la OIDDH; • Prestar atención a toda diversidad lingüística y velar por que los idiomas utilizados no influyan ni menoscaben la eficiencia de la observación;
14. Hace hincapié en que la observación de elecciones es una actividad conjunta en la que partici- pan la OSCE/OIDDH, la Asamblea Parlamentaria de la OSCE y otras instituciones parlamentarias;
15. Reconoce que la estrecha cooperación con la Asamblea Parlamentaria de la OSCE realza nota- blemente la visibilidad de la labor de la OSCE en materia de observación de elecciones, y exhorta a la OIDDH a seguir trabajando en estrecha asociación con la Asamblea Parlamentaria en toda nueva misión que emprenda de observación de elecciones, sobre la base del Acuerdo de Coope- ración de 1997;
16. Acoge con beneplácito toda sugerencia por la que se trate de mejorar la eficiencia de la asis- tencia prestada por la OIDDH a los Estados participantes que la solicitan, procurando aprovechar mejor para dicho fin las reuniones de la Dimensión Humana.
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I. Declaraciones del Consejo Ministerial y otras declaraciones
Declaración Ministerial sobre el apoyo a la Estrategia global de las Naciones Unidas contra el Terrorismo
1. Nosotros, los miembros del Consejo Ministerial de la OSCE, seguimos preocupados por la per- sistente amenaza terrorista en el área de la OSCE.
2. Reafirmamos los compromisos vigentes de la OSCE en materia de lucha contra el terrorismo y la intención de mantener nuestras actividades al respecto como una prioridad de la Organización.
3. Reconocemos la función de liderazgo que desempeñan las Naciones Unidas en los esfuerzos inter- nacionales por combatir el terrorismo y respaldamos la Estrategia global de las Naciones Unidas contra el Terrorismo, adoptada el 8 de septiembre de 2006 por la Asamblea General, a la que con- sideramos como la guía de nuestras actividades en esa esfera, puesto que en ella se dan las líneas de un amplio enfoque global para combatir el terrorismo, no sólo haciendo frente a sus manifes- taciones sino también a las condiciones que favorecen su expansión, en un marco basado en los derechos humanos, en el Estado de derecho y en el cumplimiento de todas las obligaciones con- traídas en virtud del derecho internacional, en particular la legislación internacional en materia de derechos humanos, de refugiados y de asuntos humanitarios.
4. Recordamos el amplio enfoque global de la Estrategia para contrarrestar el terrorismo, haciendo frente no sólo a sus manifestaciones sino también a las condiciones que favorecen su expansión, que incluyen, entre otras cosas, los conflictos prolongados no resueltos, la deshumanización de víctimas del terrorismo en todas sus formas y manifestaciones, la carencia de Estado de derecho, las violaciones de los derechos humanos, la discriminación por motivos étnicos, nacionales y reli- giosos, la exclusión política, la marginación socioeconómica y la falta de buena gobernanza, reco- nociendo al mismo tiempo que ninguna de esas condiciones puede ser excusa para cometer actos de terrorismo ni para justificarlos.
5. Tomamos nota de que la Asamblea General de las Naciones Unidas alienta a las organizaciones internacionales a “apoyar la aplicación de la Estrategia, especialmente mediante la movilización de recursos y conocimientos especializados”.
6. Recordamos el compromiso de aplicar todas las resoluciones del Consejo de Seguridad de las Naciones Unidas relacionadas con el terrorismo internacional, reconociendo que muchos Estados siguen precisando asistencia para su aplicación.
7. Respaldamos la labor de la Secretaría de la OSCE encaminada a promover la aplicación de la Estrategia, en particular las consultas anuales de alto nivel entre representantes del Consejo de
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Europa, de la OSCE y de las Naciones Unidas (Viena, febrero de 2007) en el formato “Triparti- to-Plus”, así como las mesas redondas para profesionales de la lucha contra el terrorismo de orga- nizaciones regionales y centros de lucha antiterrorista (Copenhague, julio de 2006; Vilna, junio de 2007), organizadas por la Unidad de Acción de la OSCE contra el Terrorismo.
8. Nos satisface que el enfoque adoptado por la OSCE en la lucha contra el terrorismo corresponda al de la Estrategia de las Naciones Unidas porque, entre otras cosas promueve el Estado de derecho y el respeto de los derechos humanos y los sistemas eficaces de justicia penal, que son la base funda- mental de nuestra lucha común contra el terrorismo; así como que todas nuestras actividades anti- terroristas puedan considerarse como una contribución a la aplicación de la Estrategia. La OSCE, en particular sus Estados participantes, con la asistencia cuando sea necesario de la Secretaría, las Instituciones y las presencias sobre el terreno, seguirá cumpliendo los compromisos en materia de lucha contra el terrorismo y podría centrarse, pero no exclusivamente, en las siguientes actividades:
9. La OSCE seguirá promoviendo el marco jurídico internacional contra el terrorismo, en particu- lar las convenciones y protocolos universales en esa esfera, estimulando a los Estados participan- tes a que se adhieran a esos instrumentos y cumplan las obligaciones contraídas en virtud de ellos;
10. Tras organizar en el período 2005-2007, en cooperación con la Oficina de las Naciones Unidas contra la Droga y el Delito (ONUDD), algunos cursos prácticos en el plano de la OSCE, a nivel subregional y nacional, cuyo objetivo era mejorar la cooperación jurídica internacional en asuntos penales relacionados con el terrorismo sobre la base del principio de extradición o enjuiciamiento y reconociendo que la Estrategia de las Naciones Unidas hace especial hincapié en el procesamiento y la cooperación judicial, la Secretaría proseguirá su programa de cooperación jurídica con atención particular, pero no exclusiva, a la formación de funcionarios judiciales a nivel subregional y nacional; (…)
12. Habiendo elaborado un amplio programa sobre la seguridad de los documentos de viaje, que corresponde plenamente al llamamiento de la Estrategia de las Naciones Unidas para que se inten- sifiquen los esfuerzos y la cooperación a fin de mejorar la seguridad de la preparación y expedi- ción de documentos de viaje e identidad, la Unidad de Acción de la OSCE contra el Terrorismo redoblará sus esfuerzos para facilitar el despliegue de plataformas técnicas que permitan acceder a la base de datos de la Interpol sobre documentos de viaje robados y extraviados en los puntos de control fronterizo; alentará a los Estados a que informen a la Interpol acerca de los documen- tos robados o extraviados; y seguirá fomentando la mejora tecnológica de dichos documentos y la puesta en práctica de un proceso amplio y seguro para su expedición y su manejo, de conformi- dad con las normas de la Organización de Aviación Civil Internacional (OACI) que protegen la identidad y refuerzan los sistemas de registro civil que respeten el principio de no discriminación;
13. Los Estados participantes cooperarán plenamente en la lucha contra el terrorismo, de confor- midad con las obligaciones contraídas en virtud del derecho internacional, a fin de localizar, dene- gar el asilo y llevar ante la justicia, sobre la base del principio de extradición o de enjuiciamiento, a toda persona que apoye, facilite, participe o intente participar en la financiación, planificación, preparación o comisión de actos terroristas, o que proporcione asilo a los terroristas. Los Estados participantes antes de conceder el estatuto de refugiado, adoptarán las medidas pertinentes, de conformidad con las disposiciones de la legislación nacional e internacional, incluida la normativa internacional de derechos humanos, con el fin de velar por que los solicitantes de asilo no hayan planeado, facilitado o cometido actos terroristas ni participado en ellos. Velarán, también de con- formidad con el derecho internacional, por que los que cometen, organizan o facilitan actos terro- ristas no hagan uso indebido del estatuto de refugiado, y por que no se aleguen razones políticas para denegar las solicitudes de extradición de supuestos terroristas;
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14. Los Estados participantes de la OSCE siguen muy preocupados por el empleo de Internet con fines terroristas, y seguirán intercambiando información acerca de ese problema y adoptarán otras medidas de conformidad con la Decisión Nº 7/06 del Consejo Ministerial contra el empleo de Internet al servicio del terrorismo;
15. La OSCE respaldará la labor del Comité contra el Terrorismo y de su Dirección Ejecutiva para progresar en la aplicación de la resolución 1624 (2005) del Consejo de Seguridad de las Naciones Unidas;
16. La OSCE seguirá interviniendo en procesos encaminados a resolver conflictos prolongados, que son una de las razones que conducen al terrorismo;
17. La OSCE proseguirá sus actividades para combatir el extremismo violento y la radicalización, que conducen al terrorismo. Los Estados participantes y las estructuras ejecutivas de la OSCE, en el marco de sus respectivos mandatos, abordarán y tratarán de contrarrestar los problemas de into- lerancia y discriminación. El Consejo Permanente, con el apoyo de la Secretaría y las Institucio- nes, estudiará en 2008 cómo la OSCE, aplicando un enfoque multidimensional, podría contribuir al desarrollo de una mejor comprensión de los fenómenos de extremismo violento y radicaliza- ción, que pueden ser causa de terrorismo, mediante el intercambio de experiencias nacionales; (…)
19. La OSCE seguirá manteniendo su compromiso de promover asociaciones entre los sectores público y privado para combatir el terrorismo, y seguirá involucrando al sector privado (sociedad civil y comunidad empresarial) en sus actividades de lucha contra el terrorismo; (…)
21. La OSCE, en estrecha colaboración con la ONUDD seguirá ocupándose de la amenaza de las drogas ilícitas, siguiendo las actividades realizadas con éxito en 2006 y 2007 en esa esfera;
22. La Oficina de Instituciones Democráticas y Derechos Humanos seguirá prestando ayuda a los Estados participantes que lo soliciten para velar por que sus iniciativas de lucha contra el terro- rismo respeten plenamente los derechos humanos, de acuerdo con los compromisos contraídos en el marco de la OSCE. La OIDDH seguirá prestando asistencia técnica y asesoramiento en aspectos relacionados con los derechos humanos, para la elaboración y aplicación de leyes nacionales enca- minadas a contrarrestar las amenazas planteadas por el terrorismo, el extremismo violento y la radicalización, y seguirá también facilitando el diálogo entre los Estados y los agentes no guber- namentales, con miras a explorar nuevas áreas de cooperación y asistencia mutua;
23. Las Instituciones de la OSCE proseguirán su labor encaminada a luchar contra la intolerancia y la discriminación y a promover la comprensión y el respeto mutuos, entre otras cosas mediante proyectos y programas en los que participen todos los sectores de la sociedad;
24. La OSCE seguirá ocupándose de la cuestión de la solidaridad con las víctimas del terrorismo basándose, entre otras cosas, en la Decisión Nº 618 del Consejo Permanente relativa a la solidari- dad con las víctimas del terrorismo, y tomando nota de la Reunión de Alto Nivel sobre Víctimas del Terrorismo celebrada en Viena en septiembre de 2007.
25. Reiteramos que la OSCE, especialmente su Secretaría, sus Instituciones y sus presencias sobre el terreno, está dispuesta a trabajar en estrecha coordinación con el sistema de las Naciones Unidas así como con otras organizaciones regionales e internacionales en la aplicación de la Estrategia de
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las Naciones Unidas contra el Terrorismo. La OSCE seguirá respaldando la labor antiterrorista de las Naciones Unidas y cooperará con otras organizaciones regionales e internacionales que traba- jan en esa esfera, facilitando asistencia a los Estados participantes para el fomento de su capacidad; respaldando y promoviendo normativas de seguridad y de lucha contra el terrorismo, considera- das como las mejores prácticas para luchar contra el terrorismo; así como poniendo en contacto a profesionales de la lucha contra el terrorismo de Estados participantes y de organizaciones regio- nales e internacionales para lograr una mayor cooperación y sinergia en su labor, contribuyendo así al esfuerzo global de lucha contra el terrorismo.
II. Decisiones del Consejo Ministerial
Decisión Nº 8/07
Lucha contra la trata de personas para la explotación laboral
El Consejo Ministerial,
Reafirmando nuestra determinación de combatir toda forma de trata de personas, y reafirmando también los compromisos contraídos por los Estados participantes en esa esfera, así como su volun- tad de cumplirlos,
Recordando que el Consejo Ministerial de Bruselas, en su Decisión Nº 14/06 había encomendado que se estudiaran las formas de seguir intensificando la labor de lucha contra la trata de personas, especialmente para fines de explotación laboral (MC.DEC/14/06),
Reafirmando además el Plan de Acción de la OSCE contra la trata de personas, que brinda a los Estados participantes un instrumento amplio para luchar contra todo tipo de trata, protegiendo a las víctimas, previniendo la trata, y llevando ante los tribunales a los que facilitan o cometen ese delito,
Reiterando el apoyo de los Estados participantes a la ratificación y aplicación de la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional y su Protocolo para preve- nir, reprimir y sancionar la trata de personas, especialmente mujeres y niños,
Gravemente preocupado de que la trata de personas siga estando muy extendida en la región de la OSCE y fuera de ella, a pesar de los esfuerzos realizados a nivel nacional e internacional para pre- venirla y para llevar ante los tribunales a los responsables,
Reconociendo la necesidad de seguir fortaleciendo el marco de compromisos de la OSCE para hacer frente a los desafíos de la trata para la explotación laboral,
Reconociendo la vulnerabilidad de los niños frente a ese tipo de trata y las necesidades especia- les de las víctimas infantiles,
Haciendo hincapié en que las políticas y las prácticas para hacer frente a la trata con fines de explo- tación laboral, en el marco de la economía oficial y oficiosa, deben ser amplias e incluir por tanto el cumplimiento de la normativa laboral,
Subrayando que las medidas encaminadas a hacer frente a la trata para fines de explotación laboral deben formularse en colaboración con agentes laborales, especialmente organizaciones
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de trabajadores y de empleadores, administradores e inspectores laborales; y estimulando al mismo tiempo una mayor participación de esos agentes,
Reafirmando los compromisos contraídos por la OSCE respecto de las medidas de seguridad en los documentos de viaje,
Reconociendo que las personas en situación de inmigración irregular pueden ser más vulnerables ante la trata para fines de explotación laboral,
Reafirmando también la necesidad de asegurar el respeto de los derechos humanos y recordando en ese contexto los instrumentos internacionales básicos de las Naciones Unidas, especialmente los que pueden aplicarse a las personas particularmente vulnerables ante la trata para la explota- ción laboral,
Reconociendo los problemas inherentes a la identificación y la ayuda a las víctimas, especialmente su incertidumbre con respecto a su situación de residencia eventual, y que eso podría dar lugar a que los traficantes intimidaran a las víctimas y explotaran su temor, y reconociendo también la necesidad de que haya procedimientos de presentación de quejas que induzcan a las víctimas a presentarse,
Pide a los Estados participantes que:
1. Aseguren que las víctimas de la trata para la explotación laboral tengan acceso a la justicia;
2. Den períodos de reflexión de conformidad con el ordenamiento jurídico interno y las obliga- ciones internacionales, concedan permisos de residencia temporal o permanente a las víctimas de la trata, faciliten permisos de trabajo a las víctimas durante su estancia y den a conocer debida- mente esas oportunidades;
3. Velen por que se preste asistencia a las víctimas de la trata para la explotación laboral, en particu- lar acceso a refugios, asistencia médica, asistencia jurídica y asistencia social, teniendo en cuenta las recomendaciones de la Parte V del Plan de Acción de la OSCE contra la trata de personas, incluida su Adición sobre medidas especiales de amparo y asistencia para los niños que son víctimas de la trata, e informen debidamente acerca de la disponibilidad de esos servicios;
4. Redoblen sus esfuerzos y elaboren procedimientos más eficaces para identificar a las víctimas de la trata, proporcionando a los inspectores laborales la formación y los recursos necesarios para llevar a cabo esa tarea e intensificando, cuando proceda, las inspecciones en los sectores más vul- nerables a la explotación laboral;
5. Apoyen y fomenten asociaciones entre la sociedad civil, incluidas las ONG, y los organismos estatales cuyo mandato incluya la protección laboral, para que supervisen las condiciones labo- rales, proporcionen, entre otras cosas, asistencia a las víctimas, y prevengan la trata para fines de explotación laboral y la violación de las leyes laborales, especialmente mediante programas con- cretos orientados a incrementar la concienciación, o mediante códigos voluntarios de conducta;
6. Estudien la posibilidad de proporcionar, de conformidad con su ordenamiento jurídico interno, representación alternativa legal a víctimas de la trata para la explotación laboral, cuando la víc- tima no sea capaz de representarse a sí misma;
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7. Estudien también la posibilidad de elaborar o reforzar leyes que brinden a las víctimas de la trata la posibilidad de obtener compensación por los daños sufridos, incluido, cuando proceda, el pago de los salarios que se les adeuden;
8. Intensifiquen la cooperación y la interacción entre los distintos organismos en cuestiones rela- cionadas con la trata por motivos laborales, así como entre sus funcionarios laborales y de inmi- gración, los encargados de la aplicación de la ley, los funcionarios judiciales y los proveedores de servicios sociales, especialmente mediante el establecimiento o el fortalecimiento, según proceda, de mecanismos nacionales de arbitraje, como se recomienda en el Plan de Acción de la OSCE con- tra la trata de personas;
9. Velen por que las organizaciones de la sociedad civil que proporcionan asistencia jurídica a las víctimas de la trata no sean penalizadas o criminalizadas por prestar esa asistencia;
10. Brinden, de conformidad con los principios básicos de su sistema jurídico, la posibilidad, cuando proceda, de no penalizar a las víctimas por su participación en actividades ilícitas, siempre que se hayan visto obligadas a ello;
11. Consigan que haya procedimientos eficaces de presentación de quejas mediante los cuales las personas puedan informar de forma confidencial acerca de una posible situación de trata para la explotación laboral, como por ejemplo trabajos o condiciones de vida en los que se explota a las personas;
12. Desarrollen indicadores teniendo en cuenta, cuando proceda, los desarrollados por la Comi- sión de Expertos de la OIT, a fin de asegurar la consistencia y la transparencia en la identificación de víctimas de la trata, así como la detección de situaciones de trata para la explotación laboral;
13. Estudien la posibilidad de organizar más debates de expertos sobre la forma de distinguir entre los casos de trata para la explotación laboral y otras situaciones de empleo irregular;
14. Velen por que se impongan sanciones efectivas y proporcionadas a aquellas personas que faci- liten la trata para la explotación laboral, incluidos los empleadores explotadores;
15. Velen también por que se impongan sanciones eficaces a los empleadores o a las agencias de empleo que creen situaciones en que la víctima quede en condiciones de esclavitud por tener que pagar una deuda;
16. Desarrollen programas que disminuyan la contratación fraudulenta practicada por algunas agencias de empleo, que puede hacer a las personas más vulnerables ante la trata;
17. Estudien la posibilidad de velar por que a los contratistas que, a sabiendas, emplean a sub- contratistas involucrados en actividades de trata para la explotación laboral, pueda perseguírse- les por ese delito;
18. Estudien también la posibilidad de organizar actividades de capacitación para jueces, fiscales, agentes de policía e inspectores laborales, en materia de trata para la explotación laboral, tanto desde la perspectiva de los enjuiciamientos como de la protección de las víctimas y, a ese respecto, aseguren, cuando sea necesario, que se facilitan los recursos adecuados;
19. Organicen campañas encaminadas a fomentar la concienciación en los países de origen, trán- sito y destino, en particular para grupos vulnerables a la trata con fines de explotación laboral;
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20. Intensifiquen los esfuerzos por prevenir el trabajo infantil, considerando la posibilidad de fir- mar y ratificar (si todavía no lo han hecho) el Convenio de la OIT sobre la prohibición de las peores formas de trabajo infantil y la acción inmediata para su eliminación (1999) o, si ya forman parte de él, aplicando sus disposicione;
21. Incrementen la cooperación a nivel internacional, intercambiando información y mejores prác- ticas sobre la lucha contra la trata para la explotación laboral, y estudien el modo de fortalecer la colaboración para el cumplimiento coercitivo de la ley, así como para la protección de las víctimas y la ayuda a su reintegración en caso de repatriación;
22. Mejoren la recopilación y el análisis de datos sobre la relación existente entre la trata para la explotación laboral y la migración, e intercambien esa información con otros Estados participan- tes de la OSCE.
Decisión Nº 9/07
Lucha contra la explotación sexual de los niños en Internet
El Consejo Ministerial,
Alarmado al observar que el crecimiento de Internet ha generado una enorme expansión global de la proyección y distribución de pornografía infantil y de sus beneficios, especialmente para las organizaciones criminales,
Reafirmando el compromiso de los Estados participantes en favor de poner en práctica la Decisión Nº 15/06 del Consejo Ministerial de Bruselas, y tomando nota de los esfuerzos desplegados por las estructuras ejecutivas de la OSCE para ayudarles a ese respecto,
Teniendo en cuenta los resultados de la reunión de expertos sobre la explotación sexual de los niños en Internet (20 y 21 de septiembre de 2007), y de la Reunión Suplementaria sobre la Dimen- sión Humana para luchar contra la explotación sexual de los niños (18 y 19 de octubre de 2007),
Resuelto a combatir este fenómeno de importancia creciente, incluso incrementando la actividad de la OSCE para ocuparse de él, decide:
1. Animar a los Estados participantes que todavía no lo hayan hecho a establecer un centro ope- rativo nacional u otra estructura apropiada, a aumentar la coordinación y a involucrar al máximo posible la asociación de los sectores público y privado para ocuparse más eficazmente de cuestio- nes relacionadas con la explotación sexual de los niños;
2. Pedir a los Estados participantes que todavía no lo hayan hecho, que recopilen y almacenen información – de conformidad con las disposiciones nacionales para la protección de datos per- sonales – sobre personas convictas de abuso o explotación sexual de niños, a fin de facilitar la detención en caso de reincidencia o supervisar su libertad condicional, y que elaboren, cuando proceda, instrumentos que permitan el intercambio internacional de información, entre agencias encargadas del cumplimiento coercitivo de la ley, acerca de las condenas y las inhabilitaciones de los delincuentes sexuales;
3. Animar a los Estados participantes que todavía no lo hayan hecho a establecer un sistema que permita a los encargados del cumplimiento coercitivo de la ley colaborar con las emisoras públicas y dar rápidamente la voz de alerta cuando se descubra que un niño ha desaparecido, si procede;
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4. Instar a los Estados participantes que todavía no lo hayan hecho a que consideren la penaliza- ción de la adquisición y posesión intencionales de pornografía infantil, dado que el hecho de ver y poseer pornografía infantil estimula el crecimiento de esa industria ilícita;
5. Instar a los Estados participantes que todavía no lo hayan hecho a que instalen líneas telefóni- cas nacionales de emergencia para denunciar casos de uso abusivo de niños, incluida la explota- ción sexual de niños en Internet;
6. Pedir a los Estados participantes que apoyen, según proceda, el aumento de la recogida de datos y las investigaciones sobre la explotación sexual de niños y la pornografía infantil en Internet, a fin de delimitar mejor el alcance y las tendencias del problema, y con ello aumentar la efectividad de los programas destinados a luchar contra él;
7. Abogar por que los Estados participantes, de acuerdo con la legislación nacional relativa a la protección de datos personales, no sólo trabajen sobre una base nacional sino también sobre una base internacional con proveedores de servicios de Internet, empresas de tarjetas de crédito, bancos y otras sociedades pertinentes a fin de evitar la utilización de Internet para la explotación sexual de los niños e impedir que se sigan métodos de pago, con objeto de hacer el delito menos prove- choso y disminuir así la demanda de pornografía infantil en Internet;
8. Reiterar nuestro llamamiento a los Estados participantes para que faciliten programas de pro- tección jurídica, asistencia, cuidados médicos apropiados, rehabilitación y reintegración de niños víctimas de explotación sexual y, cuando proceda, para que velen por el regreso seguro de niños objeto de tráfico internacional;
9. Instar a los Estados participantes de la OSCE a que prosigan el adiestramiento especializado de profesionales encargados del cumplimiento coercitivo de la ley, así como de personal docente y sanitario, según proceda, en la lucha contra la pornografía infantil en Internet, aprovechando incluso la existencia de programas como los que ofrece el Centro Internacional para Niños Des- aparecidos o Explotados, y encomienda a las estructuras ejecutivas pertinentes de la OSCE que faciliten los contactos a ese respecto;
10. Encargar a las estructuras ejecutivas pertinentes de la OSCE que ayuden a los Estados partici- pantes que lo pidan para la aplicación de la presente decisión y de la Decisión Nº 15/06 del Consejo Ministerial, dentro del marco de los recursos disponibles y sin perjuicio para las actividades en vigor;
11. Encargar a la Secretaría de la OSCE que, dentro de los recursos disponibles, establezca en el marco del sitio Web POLIS de su Unidad de Estrategia Policial una sección multilingüe dedicada a luchar contra la explotación sexual de los niños en Internet, y que la sección POLIS cree un foro de expertos en el tema que facilite el acceso de las agencias de los Estados participantes encarga- das del cumplimiento coercitivo de la ley a las mejores prácticas y a las técnicas de investigación o programas informáticos disponibles, así como a la asistencia para la redacción de leyes o modelos legislativos, y que facilite también información para concienciar a los ciudadanos sobre ese pro- blema y vínculos Web para el público;
12. Encargar a la Secretaría de la OSCE que organice en 2008 un curso práctico en línea de la OSCE, por conducto del sitio Web POLIS, sobre la explotación sexual de los niños en Internet, financiado con contribuciones extrapresupuestarias;
13. Encargar al Secretario General que, en consulta con los Estados participantes, considere las posibilidades de mejorar los conocimientos técnicos de la OSCE sobre el particular, dentro de
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los recursos existentes y teniendo debidamente en cuenta las actividades de otras organizaciones internacionales;
14. Invitar a los Socios de la OSCE para la cooperación a que compartan voluntariamente los com- promisos de los Estados participantes relativos a la lucha contra la explotación sexual de los niños.
Decisión Nº 10/07
Tolerancia y no discriminación: Promoción de la comprensión y el respeto mutuos
El Consejo Ministerial,
Reafirmando que el respeto de los derechos humanos y las libertades fundamentales, la democracia y el Estado de derecho son parte del núcleo del concepto integral de seguridad de la OSCE, y que la tolerancia y la no discriminación son elementos importantes en la promoción de los derechos humanos y los valores democráticos,
Reafirmando también que las manifestaciones de discriminación e intolerancia ponen en peli- gro la seguridad de las personas y la cohesión social, y reiterando que pueden provocar conflictos y violencia en gran escala,
Preocupado por los delitos motivados por el odio en toda la región de la OSCE, reconociendo la necesidad de cooperar para combatir de forma efectiva dichos delitos y tomando nota del informe de la OIDDH sobre “Delitos motivados por el odio en la región de la OSCE: incidentes y respues- tas”, según lo encomendado por los Estados participantes,
Reconociendo la función que desempeñan los parlamentos nacionales promulgando leyes relati- vas a los delitos motivados por el odio y a la lucha contra la discriminación, así como sirviendo de foro para los debates nacionales; y reconociendo también el papel que desempeña la Asamblea Parlamentaria para dar a conocer mejor los compromisos vigentes de la OSCE en la esfera de la tolerancia y la no discriminación,
Poniendo de relieve la labor que realizan los tres Representantes Personales del Presidente en ejer- cicio en apoyo de los esfuerzos generales de la OSCE por combatir la intolerancia y la discrimina- ción, y esperando con interés las conclusiones del examen realizado por el Presidente en ejercicio, en consulta con los Estados participantes,
Subrayando que la responsabilidad principal de hacer frente a los actos de intolerancia y discrimi- nación recae en los Estados participantes, incluidos sus representantes políticos,
Reafirmando su compromiso de mentalizar a los ciudadanos acerca del valor de la diversidad cul- tural y religiosa como fuente de enriquecimiento mutuo de las sociedades, y de reconocer la impor- tancia de la integración, con el debido respeto por la diversidad cultural y religiosa, como elemento clave para promover la comprensión y el respeto mutuos,
Reconociendo el importante papel que pueden desempeñar los jóvenes en la promoción de la com- prensión y el respeto mutuos entre culturas y religiones, contribuyendo así al fomento de la demo- cracia, los derechos humanos y las libertades fundamentales; y tomando nota a ese respecto del Foro de la Juventud que hubo en Madrid los días 5 y 6 de noviembre de 2007,
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Reconociendo que las manifestaciones de intolerancia y discriminación pueden socavar los esfuer- zos encaminados a proteger los derechos de las personas, incluidos migrantes, refugiados, miem- bros de minorías nacionales y apátridas,
Reconociendo la importancia que tienen la libertad de religión o creencia y la educación en materia de tolerancia y no discriminación como formas de promover la comprensión y el respeto mutuos, y tomando nota a ese respecto de la presentación de los “Principios rectores de Toledo sobre la enseñanza de religiones y creencias en las escuelas públicas”,
Reiterando el interés de la OSCE en la iniciativa de la Alianza de Civilizaciones, con miras a estu- diar una contribución adecuada de la Organización a la fase de aplicación del informe del Grupo de Alto Nivel,
Tomando nota del nombramiento del Alto Representante de las Naciones Unidas para la Alianza de Civilizaciones y de su presentación del Plan de Aplicación (2007-2009) a la Reunión Ministe- rial del Grupo de Amigos, celebrada en septiembre de 2007 en Nueva York; así como del próximo Primer Foro anual de la Alianza, que tendrá lugar en Madrid en enero de 2008,
Recordando los compromisos de la OSCE respecto del fomento de la tolerancia y la no discrimi- nación, según aceptaron anteriores Consejos Ministeriales, y tomando nota del resultado de las diversas conferencias centradas en esa esfera,
Apreciando la labor de la Conferencia de alto nivel de la OSCE sobre lucha contra la discrimina- ción y fomento del respeto y el entendimiento mutuos (Bucarest, junio de 2007) en seguimiento de la Conferencia de Córdoba 2005 sobre antisemitismo y otras formas de intolerancia; y tomando nota también de la declaración de la Presidencia en ejercicio (Declaración de Bucarest),
Recordando además la Conferencia de la Presidencia de la OSCE sobre la intolerancia y la discri- minación contra musulmanes, celebrada en Córdoba en octubre, y tomando nota de la “Declara- ción de la Presidencia sobre la lucha contra la intolerancia y la discriminación contra musulmanes”,
Reconociendo el carácter específico de las diferentes formas de intolerancia, y al mismo tiempo la importancia que tiene adoptar un enfoque general y abordar cuestiones interrelacionadas en esfe- ras como, por ejemplo, la legislación, la aplicación coercitiva de la ley, la recopilación de datos, la vigilancia de los delitos motivados por el odio, la enseñanza, los medios informativos, el discurso público constructivo y la promoción del diálogo intercultural, para luchar de forma efectiva con- tra todo tipo de discriminación,
1. Pide que los representantes políticos, especialmente los parlamentarios, se esfuercen ininte- rrumpidamente por rechazar y condenar firmemente las manifestaciones de racismo, xenofobia, antisemitismo, discriminación e intolerancia, especialmente contra cristianos, judíos, musulma- nes y miembros de otras religiones, así como toda manifestación violenta de extremismo aso- ciado con el nacionalismo agresivo y el neonazismo, manteniendo al mismo tiempo el respeto por la libertad de expresión;
2. Subraya la necesidad de que los Estados participantes sigan recopilando y manteniendo estadís- ticas y datos fidedignos acerca de delitos e incidentes motivados por el odio, así como adiestrando a los funcionarios pertinentes encargados de la aplicación coercitiva de la ley y fortaleciendo la cooperación con la sociedad civil;
3. Estimula la promoción de programas educativos en los Estados participantes, a fin de mentali- zar a los jóvenes acerca de los valores de comprensión y respeto mutuos;
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4. Reitera el reconocimiento del papel esencial que pueden desempeñar los medios informativos libres e independientes en las sociedades democráticas, así como de la gran influencia que pueden tener a la hora de contrarrestar o exacerbar prejuicios o ideas equivocadas. En ese sentido sigue estimulando la adopción por los periodistas de normas profesionales voluntarias, la autorregula- ción de los medios informativos, así como la creación de mecanismos adecuados para velar por una mayor profesionalidad, exactitud y adhesión a las normas éticas entre los periodistas;
5. Pide a los Estados participantes que, en el marco de su legislación nacional, intensifiquen sus esfuerzos, en cooperación con la sociedad civil, para contrarrestar la incitación a la violencia y a los delitos motivados por el odio, especialmente por conducto de Internet, respetando al mismo tiempo la libertad de expresión. Subraya también que deben aprovecharse plenamente las opor- tunidades que brinda Internet para el fomento de la democracia, los derechos humanos y la edu- cación en la tolerancia;
6. Pide asimismo que se fortalezca el compromiso respecto de la aplicación del Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE;
7. Pide además a los Estados participantes que protejan legalmente a los migrantes que residen en países de acogida y a los miembros de minorías nacionales, apátridas y refugiados por motivos de racismo, xenofobia, discriminación y actos violentos de intolerancia; y que diseñen o refuer- cen estrategias y programas nacionales para la integración de migrantes regulares, que requerirán también la participación activa de ellos;
8. Alienta a los Estados participantes a que intercambien las mejores prácticas en materia de legis- lación, políticas y programas, para contribuir a fomentar sociedades integradoras basadas en el respeto por la diversidad cultural y religiosa, los derechos humanos y los principios democráticos;
9. Se compromete a velar por que se haga un seguimiento eficiente de la labor llevada a cabo hasta ahora por los Estados participantes y las Instituciones pertinentes de la OSCE, particularmente la OIDDH mediante su programa sobre tolerancia y no discriminación, para fomentar la toleran- cia y la no discriminación, en el marco de sus respectivos mandatos. Subraya al mismo tiempo la importancia que tiene cumplir los compromisos vigentes de la OSCE, teniendo en cuenta la expe- riencia y los conocimientos de otras organizaciones regionales e internacionales pertinentes en esa esfera, con el fin de evitar la duplicación; y estudiará la posibilidad de organizar futuras conferencias a nivel político, posiblemente intercalándolas regularmente con las reuniones de aplicación en 2008;
10. Estimula el establecimiento, por los Estados participantes que aún no lo hayan hecho, de ins- tituciones nacionales u órganos especializados para combatir la intolerancia y la discriminación; así como la elaboración y la puesta en práctica de estrategias nacionales y planes de acción en esa esfera, tomando como base los conocimientos y la asistencia de las Instituciones de la OSCE que sean del caso, de acuerdo con los compromisos vigentes y con los organismos internacionales per- tinentes, si procede;
11. Decide estudiar la posibilidad de que la OSCE haga una contribución adecuada a la fase de apli- cación de las recomendaciones del Grupo de Alto Nivel de la Alianza de Civilizaciones, teniendo en cuenta el Plan de Aplicación preparado por el Alto Representante de las Naciones Unidas para la Alianza de Civilizaciones; y recomienda que el Secretario General de la OSCE, en consulta con el Presidente en ejercicio, asista al próximo Primer Foro anual de la Alianza en Madrid e informe acerca de sus resultados a los Estados participantes.
335 Documento de la Decimosexta Reunión del Consejo Ministerial Helsinki 2008
I. Declaraciones del Consejo Ministerial y otras declaraciones
Declaración Ministerial con motivo del 60º Aniversario de la Declaración Universal de Derechos Humanos
Nosotros, los miembros del Consejo Ministerial de la OSCE, reafirmamos nuestro firme compro- miso para con la Declaración Universal de Derechos Humanos (“la Declaración Universal”), adop- tada por la Asamblea General de las Naciones Unidas el 10 de diciembre de 1948.
Con motivo del 60º aniversario de la adopción de la Declaración Universal, renovamos nuestro compromiso de actuar de conformidad con los fines y principios enunciados en la Carta de las Naciones Unidas y en la Declaración Universal de Derechos Humanos.
Reflejando el espíritu del Acta Final de Helsinki, subrayamos los principios que rigen las relacio- nes entre los Estados participantes consagrados en la misma, y en particular, el respeto de los dere- chos humanos y de las libertades fundamentales.
Hacemos hincapié en la universalidad de todos los derechos humanos.
Mantenemos nuestro compromiso de respetar la dignidad intrínseca del ser humano, tal y como reconocen la Declaración Universal y los documentos pertinentes de la OSCE convenidos por todos nosotros.
Declaramos que los derechos contenidos en la Declaración Universal mantienen su vigencia.
Reafirmamos que velaremos por la plena aplicación de los compromisos de la OSCE en el ámbito de la dimensión humana. Todos los compromisos de la OSCE, sin excepción alguna, son aplica- bles por igual a todos los Estados participantes.
Reafirmamos el vínculo inseparable que existe entre velar por el respeto de los derechos huma- nos y mantener la paz, la justicia, el bienestar de los pueblos y la estabilidad, tal y como reconoce el concepto de seguridad común y global de la OSCE.
Tomando en cuenta los principios que rigen las relaciones entre Estados participantes consagra- dos en el Acta Final de Helsinki, reafirmamos que los compromisos asumidos en el ámbito de la dimensión humana de la OSCE son asuntos de preocupación directa y legítima de todos los Esta- dos participantes y no exclusivamente asuntos internos del Estado de que se trate, tal y como esti- pula el documento de Moscú de 1991.
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Reconocemos la valiosa contribución de la OSCE en la promoción y protección de los derechos consagrados en la Declaración Universal. Reconocemos, en particular, la labor de asistencia a los Estados participantes en la aplicación de los compromisos relativos a la dimensión humana, efec- tuada por la Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH), de confor- midad con su mandato.
Con motivo del décimo aniversario de la Oficina del Representante para la Libertad de los Medios de Comunicación, reconocemos la labor que lleva a cabo esa institución a fin de fomentar la inde- pendencia y la pluralidad de los medios informativos, esenciales para una sociedad libre y abierta, y unos sistemas de gobierno responsables. Apelamos a los Estados participantes y a los Socios para la Cooperación para que creen un entorno adecuado en el que puedan prosperar unos medios informativos libres e independientes.
Con motivo del 15º aniversario del Alto Comisionado para las Minorías Nacionales, expresamos nuestro reconocimiento al papel desempeñado por el Alto Comisionado.
Mantenemos nuestros compromisos encaminados a construir, consolidar y fortalecer la demo- cracia en nuestros países.
Mantenemos nuestros compromisos para con el Estado de derecho y la protección jurídica igua- litaria de todos los ciudadanos, basada en el respecto de los derechos humanos y en sistemas judi- ciales eficaces, accesibles y justos.
Subrayamos el derecho de todo ser humano a la vida, la libertad y la seguridad; nadie podrá ser some- tido a la esclavitud, y nadie podrá ser sometido a penas o tratos crueles, inhumanos o degradantes.
Reconocemos que el mayor respeto por los derechos humanos se da en las sociedades democráti- cas, donde las decisiones son tomadas con máxima transparencia y con una amplia participación. Respaldamos una sociedad civil plural y brindamos nuestro apoyo a la creación de asociacio- nes entre interesados de diversa índole, con objeto de fomentar y proteger los derechos humanos.
Reiteramos que todo ser humano tiene derecho a la libertad de pensamiento, conciencia, religión o creencia, a la libertad de opinión y de expresión, a la libertad de reunión y de asociación pacífi- cas. El ejercicio de esos derechos sólo podrá estar sujeto a limitaciones establecidas por la ley y de conformidad con nuestras obligaciones contraídas en virtud del derecho internacional y con nues- tros compromisos internacionales.
Declaración Ministerial con motivo del 60º aniversario de la Convención para la Prevención y la Sanción del Delito de Genocidio
Nosotros, los miembros del Consejo Ministerial de la OSCE, celebramos el 60º aniversario de la Convención para la Prevención y la Sanción del Delito de Genocidio, adoptada por la Asamblea General de las Naciones Unidas el 9 de diciembre de 1948 (denominada en lo sucesivo “Conven- ción” en la presente declaración).
Admitimos que la Declaración Universal de Derechos Humanos reconoce que la libertad, la jus- ticia y la paz en el mundo tienen como base el reconocimiento de la dignidad intrínseca y de los derechos iguales e inalienables de todos los miembros de la familia humana, y reiteramos asimismo los compromisos pertinentes consagrados en el Acta Final de Helsinki.
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Reafirmamos la importancia de la Convención como importante instrumento internacional para la prevención y la sanción del delito de genocidio.
Apelamos a los Estados participantes que aún no lo hayan hecho a que consideren su adhesión a la Convención lo antes posible y se sumen al marco mundial de prevención y sanción del delito de genocidio. Apelamos también a los Estados Parte a que aumenten e intensifiquen sus actividades encaminadas al pleno cumplimiento de las obligaciones contraídas en virtud de la Convención.
Tomamos nota de que al adoptar la Convención, las Naciones Unidas reconocieron que el delito de genocidio era una lacra abominable que había infligido grandes pérdidas a la humanidad, y tenían el convencimiento de que era necesaria la cooperación internacional para conseguir una pronta prevención y sanción del delito de genocidio.
Reconocemos que el genocidio es uno de los delitos más graves tipificados por el derecho interna- cional, que ha recibido la condena unánime de la comunidad internacional en su totalidad, y que nunca podrá ser justificado.
II. Decisiones del Consejo Ministerial
Decisión Nº 5/08
Mejora de las respuestas de la justicia penal a la trata de personas a través de un enfoque integral
El Consejo Ministerial,
Resaltando su grave preocupación por el hecho de que la trata de personas siga estando extendida en la región de la OSCE,
Considerando que la trata de personas es un delito grave y deleznable, que viola la dignidad humana y socava el disfrute de los derechos humanos y las libertades fundamentales, y alimenta las redes de la delincuencia organizada,
Tomando nota del Convenio del Consejo de Europa Contra la Trata de Seres Humanos,
Reafirmando todos los compromisos de la OSCE respecto de la lucha contra la trata de personas, y especialmente el Plan de Acción de la OSCE contra la Trata de Personas, incluida su Adición relativa a Medidas especiales de amparo y asistencia para los niños víctimas de la trata (Plan de Acción de la OSCE), y la necesidad de su puesta en práctica,
Reiterando el importante papel que desempeña la Representante Especial y Coordinadora de la Lucha contra la Trata (Representante Especial) en lo que respecta a la asistencia a los Estados participantes para cumplir en la práctica los compromisos de la OSCE relacionados con la lucha contra la trata,
Reiterando su preocupación acerca de que, a pesar de la vigencia de las medidas adoptadas en el ámbito internacional, regional y nacional, continúa siendo limitada la cifra de víctimas de la trata identificadas y que hayan recibido asistencia, y pocos los traficantes que han sido llevados ante la justicia,
338 Helsinki 2008
Reconociendo que brindar a las víctimas de la trata una protección y asistencia adecuadas y mejo- rar la identificación de las víctimas son algunos de los requisitos previos para que la justicia penal ofrezca una respuesta eficaz a la trata de personas, incluido el procesamiento penal de los trafi- cantes y sus cómplices,
Reiterando que el compromiso de luchar contra ese delito atañe por igual a los países de origen, de tránsito y de destino,
Reafirmando nuestro apoyo a los esfuerzos realizados por los Estados participantes en coopera- ción con organizaciones internacionales y regionales, organizaciones no gubernamentales y otros órganos pertinentes, a fin de estudiar un enfoque integral, coordinado e integrado de la lucha con- tra la trata que incluya, entre otras cosas, medidas para la prevención de la trata de personas, para la protección y asistencia de las víctimas, con pleno respeto a sus derechos humanos, y el procesa- miento penal de los traficantes, así como medidas para combatir las actividades de organizaciones delictivas transnacionales y otros que se benefician con la trata de personas,
Tomando nota de la Conferencia de la OSCE sobre el éxito de las acciones judiciales contra la trata de seres humanos: Retos y buenas prácticas, que tuvo lugar en Helsinki el 10 y 11 de septiembre de 2008,
Resuelto a potenciar las respuestas eficaces de la justicia penal a la trata de personas,
1. Alienta a aquellos Estados participantes que aún no lo hayan hecho a que velen por que todas las formas de trata de personas definidas en el Plan de Acción de la OSCE queden tipificadas como delito en su legislación penal nacional y que los autores de delitos de trata de personas no gocen de impunidad;
2. Alienta a los Estados participantes a que velen por que se incluya la capacitación en materia de lucha contra la trata de personas en los planes de estudios del personal de las fuerzas encargadas del cumplimiento de la ley, y que se imparta formación especializada en la lucha contra la trata a los agentes pertinentes de los servicios nacionales de la fiscalía y de la judicatura. Todo Estado parti- cipante tendrá en cuenta las políticas relacionadas con la trata de personas y sus repercusiones a la hora de formar al personal militar y civil que vaya a ser desplegado en el extranjero;
3. Insta a los Estados participantes a que velen por que las fuerzas encargadas del cumplimiento de la ley y, si procede, la judicatura coopere entre sí y con otros órganos, incluidos los servicios socia- les y, cuando sea del caso, con las organizaciones de la sociedad civil pertinentes, a fin de introdu- cir mejoras en la identificación de las víctimas de la trata;
4. Alienta a los Estados participantes, si procede y así lo disponen sus respectivas legislaciones, a que velen por que las organizaciones de la sociedad civil que se ocupan de la protección de los derechos de las víctimas de la trata, tengan la posibilidad de brindar asistencia y apoyo a las vícti- mas, también en el transcurso de los procedimientos penales, y en ese contexto, que consideren el establecimiento de una cooperación entre las fuerzas encargadas del cumplimiento de la ley y las organizaciones de la sociedad civil;
5. Pide a los Estados participantes que velen por que, cuando sus autoridades consideren que hay suficientes pruebas para sospechar que una persona es víctima de la trata, no la deportaren hasta que no se haya completado adecuadamente el proceso de identificación y haya recibido la asisten- cia apropiada, incluidos, si así lo exige la legislación nacional, una recuperación y un período de reflexión adecuados durante los cuales no deberá tener lugar la deportación;
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6. Alienta a los Estados participantes a que velen por que las víctimas de la trata obtengan acceso, sin demora indebida, a un alojamiento seguro, a asistencia médica y psicológica, y a asesoramiento sobre los derechos que las asisten y los servicios existentes a su disposición;
7. Pide a los Estados participantes que aún no lo hayan hecho que prevean medidas especiales des- tinadas a la protección y asistencia de los niños víctimas de la trata durante los procedimientos penales, de conformidad con los principios basados en el interés del niño, la no discriminación, la participación y la oportunidad de que el niño sea escuchado;
8. Insta a los Estados participantes que aún no lo hayan hecho a que velen por que las investiga- ciones o encausamientos relacionados con la trata de personas no dependan de la existencia de un informe o acusación de la víctima;
9. Pide a los Estados participantes que continúen realizando esfuerzos a fin de velar por que las víctimas de la trata de personas sean tratadas de tal manera que se respete el pleno disfrute de sus derechos humanos, sin amenazas intimidatorias o acosos, y que se reconozca la necesidad de la víctima de disponer de un plazo adecuado para reponerse del trauma sufrido;
10. Alienta a los Estados participantes a que adopten medidas, de conformidad con las condiciones establecidas en sus respectivos marcos jurídicos, encaminadas a que las víctimas de la trata dispon- gan de la posibilidad de obtener una compensación justa y apropiada por los daños sufridos, y pue- dan reclamar daños y perjuicios durante los procedimientos penales y/o civiles, según proceda;
11. Pide una mayor cooperación de las fuerzas de seguridad y la fiscalía nacionales con los órganos internacionales pertinentes, incluidas la Interpol y la Europol, así como con las fuerzas encarga- das del cumplimiento de la ley de otros Estados participantes, por ejemplo, mediante la creación de oficiales de enlace o de equipos de investigación conjuntos, en aquellos casos en que proceder de esa manera incrementaría la eficiencia y eficacia de las respuestas de la justicia penal;
12. Insta a los Estados participantes a que intensifiquen las medidas destinadas a desmontar las redes de la trata de personas, en las que se incluyan también investigaciones financieras, investi- gaciones sobre blanqueo de dinero procedente de la trata y la congelación o confiscación de bie- nes de los traficantes de personas;
13. Encomienda al Representante Especial, en la medida en que los recursos existentes lo permi- tan, que como parte de su labor de información periódica al Consejo Permanente incluya reco- mendaciones, en cooperación con los Estados participantes, sobre vías para seguir desarrollando mejoras en las respuestas de la justicia penal a la trata de personas.
Decisión Nº 6/08
Refuerzo de las iniciativas de la OSCE para aplicar el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE
El Consejo Ministerial,
Reafirmando los compromisos de la OSCE respecto de los romaníes y los sinti, especialmente los enunciados en el Plan de Acción de 2003 para mejorar la situación de la población romaní y sinti en el área de la OSCE,
340 Helsinki 2008
Reconociendo que el Plan de Acción brinda un marco importante para que los Estados participan- tes promuevan y protejan los derechos humanos de las personas romaníes y sinti,
Haciendo un llamamiento a los Estados participantes para que intensifiquen sus esfuerzos a fin de asegurar que las poblaciones romaníes y sinti estén en condiciones de participar plenamente en la sociedad, y para que tomen medidas a fin de eliminar la discriminación dirigida contra ellas,
Recordando que el racismo y la discriminación siguen afectando a los romaníes y a los sinti en toda el área de la OSCE, y que los Estados participantes se han comprometido a reforzar sus polí- ticas y las medidas prácticas que tomen para luchar contra tales fenómenos,
Recordando la importancia que tienen la cultura y el idioma romaníes como parte del patrimonio cultural de numerosos países y como elemento integrante de la identidad romaní y sinti,
Tomando nota del Informe de Situación de 2008 de la OIDDH (Informe de Situación) acerca de la aplicación del Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE, como medio para respaldar la aplicación efectiva de los compromisos de la OSCE rela- cionados con romaníes y sinti,
Reiterando la aportación del Punto de Contacto de la OIDDH para las cuestiones relativas a roma- níes y sinti al proceso de examen y evaluación periódicos de la aplicación del Plan de Acción,
Recordando la importancia de las estructuras e instituciones pertinentes de la OSCE para apoyar la aplicación del Plan de Acción, y recalcando asimismo la importancia de que haya una coordi- nación y una cooperación efectivas en el seno de la Organización,
Tomando nota de la Reunión Suplementaria de la Dimensión Humana que tuvo lugar los días 10 y 11 de julio de 2008 dedicada a las políticas sostenibles para la integración de los romaníes y los sinti,
Decidido a intensificar los esfuerzos de la OSCE a fin de aplicar el Plan de Acción para Mejorar la Situación de la Población Romaní y Sinti en el Área de la OSCE,
1. Insta a los Estados participantes a que brinden a los niños romaníes y sinti un acceso equitativo al sistema educativo y fomenten su escolarización temprana, como instrumento para prevenir la exclusión social y la marginación y para que se produzca una mejora a largo plazo de la situación de los romaníes y sinti. En este contexto, subraya que las políticas educativas deberían orientarse a integrar a las poblaciones romaníes y sinti en el sistema educativo ordinario;
2. ide a la OIDDH que, dentro de los recursos disponibles, preste asistencia a los Estados parti- cipantes que lo soliciten para promover el acceso de los niños romaníes y sinti a una educación temprana. En este sentido, insta a los Estados participantes a que, si procede, inicien campañas de fomento de la concienciación, que también incluyan a las comunidades romaníes y sinti, acerca de las ventajas de una educación temprana;
3. Pide a los Estados participantes que, en cooperación con las poblaciones romaní y sinti, inten- sifiquen sus esfuerzos para concienciar a los romaníes y a los sinti de la importancia de su matri- culación en centros escolares y de una asistencia a clase continuada;
4. Alienta a los Estados participantes a que tengan en cuenta cuestiones relativas a los romaníes y sinti a la hora de examinar las normas legislativas y las políticas que afecten a dichos colectivos, sobre todo en los ámbitos prioritarios enunciados en el Plan de Acción de 2003 para Mejorar la Situación de la Población Romaní y Sinti en el área de la OSCE;
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5. Apela a las autoridades nacionales cuya labor incida en la situación de los romaníes y sinti, tales como las relacionadas con las minorías, el acceso a los servicios sanitarios, la enseñanza, la vivienda, la labor contra la discriminación, la policía y los medios informativos, para que intensi- fiquen sus esfuerzos a fin de velar por que se apliquen los compromisos de la OSCE dentro de las leyes nacionales relativas a la igualdad y a la no discriminación. En este contexto se debe prestar una atención especial a la situación de las mujeres y las niñas romaníes;
6. Alienta a los Estados participantes que aún no lo han hecho, a establecer marcos institucionales en los que participen los romaníes y los órganos gubernamentales pertinentes, en los niveles que correspondan, a fin de facilitar la puesta en práctica de políticas y programas orientados a mejo- rar la situación de los romaníes y los sinti;
7. Alienta a los Estados participantes a que redoblen sus esfuerzos por conseguir que las comuni- dades romaníes y sinti participen activamente en la elaboración de políticas que afecten a dichos colectivos, y a que promuevan la participación efectiva de los romaníes y los sinti tanto en la vida pública como en la vida política;
8. Pide que haya una coordinación y cooperación continuadas, dentro de los recursos disponi- bles, en el seno de la OSCE y con los agentes internacionales pertinentes, tales como el Consejo de Europa y la Unión Europea, si procede;
9. Pide que se intensifiquen los esfuerzos de concienciación acerca de los compromisos de la OSCE respecto de los romaníes y los sinti y, en este sentido, pone de relieve el valor que revisten los infor- mes del Director de la OIDDH como parte de su presentación periódica de informes ante el Con- sejo Permanente acerca del estado de la aplicación del Plan de Acción, conforme a lo estipulado en los artículos 133 y 134 del Capítulo X del Plan.
Decisión Nº 7/08
Fortalecimiento del Estado de Derecho en el área de la OSCE
El Consejo Ministerial,
Reafirmando los compromisos de los Estados participantes de la OSCE en lo que respecta al Estado de derecho y a los Principios que Rigen las Relaciones entre los Estados participantes, enunciados en el Acta Final de Helsinki 1975, así como al cumplimiento de buena fe de las obligaciones asu- midas en virtud del derecho internacional, y reiterando que los Estados participantes están deci- didos a promover el respeto riguroso de tales principios,
Recordando los documentos de la OSCE adoptados en Viena (1989), Copenhague (1990), Moscú (1991), Budapest (1994) y Estambul (1999), así como en la Decisión Nº 12/05 del Consejo Minis- terial de Liubliana relativa a la labor en defensa de los derechos humanos y del Estado de derecho en el marco de los sistemas de justicia penal,
Recordando también la Declaración Universal de Derechos Humanos, y tomando nota del Pacto Internacional de Derechos Civiles y Políticos,
Recordando asimismo otros documentos pertinentes de las Naciones Unidas en los que se constata, entre otras cosas, la necesidad de que el alcance de la adhesión al Estado de derecho y observan- cia del mismo sea universal, tanto en el ámbito nacional como internacional; y el firme compro- miso con un orden internacional basado en el Estado de derecho y en el derecho internacional,
342 Helsinki 2008
Subrayando la importancia que concedemos a los derechos humanos, al Estado de derecho y a la democracia, interrelacionados entre sí y que se refuerzan mutuamente,
Subrayando asimismo la importancia que tiene el Estado de derecho como factor que afecta a todas las dimensiones a la hora de asegurar el respeto de los derechos humanos y la democracia, la segu- ridad y la estabilidad, la gobernanza, las relaciones económicas y comerciales mutuas, la seguri- dad en las inversiones y un entorno propicio para los negocios, así como su función en la lucha contra la corrupción, la delincuencia organizada y todo tipo de tráfico ilegal, incluido el de dro- gas y armas, así como la trata de personas, por lo que sirve como fundamento para el desarrollo político, económico, social y medioambiental de los Estados participantes,
Subrayando también la importancia que reviste el Estado de derecho en la aplicación de decisio- nes y documentos de la OSCE en la esfera político-militar,
Teniendo en cuenta las actividades relacionadas con el Estado de derecho llevadas a cabo por los órganos ejecutivos de la OSCE, en particular la Secretaría, la OIDDH y las operaciones de la Orga- nización sobre el terreno, a fin de ayudar a los Estados participantes a que refuercen sus capaci- dades para respaldar el Estado de derecho, y teniendo en cuenta también el papel que desempeña la Asamblea Parlamentaria de la OSCE en el fomento del respeto del Estado de derecho en el área de la OSCE,
Teniendo presentes los acontecimientos pertinentes en el marco de la OSCE concernientes al Estado de derecho, y en particular el seminario de la OSCE de 2008 sobre la Dimensión Humana, dedi- cado al tema: “La justicia constitucional”, así como las Reuniones Suplementarias pertinentes de la Dimensión Humana,
Teniendo en cuenta las actividades bilaterales en curso o previstas de los Estados participantes, dedicadas a la cuestión del Estado de derecho,
Subrayando la importancia de que se dote a la OSCE de personalidad jurídica, capacidad jurídica, y privilegios e inmunidades, fortaleciendo de esta manera el marco jurídico de la OSCE,
1. Pide a los Estados participantes de la OSCE que cumplan sus obligaciones contraídas en vir- tud del derecho internacional, y que respeten sus compromisos con la OSCE acerca del Estado de derecho, tanto en el ámbito nacional como en el internacional, incluido en todos los aspectos de los ámbitos legislativo, administrativo y judicial;
2. Pide también a los Estados participantes que, si procede, contribuyan a proyectos y programas de la OSCE que promuevan el Estado de derecho;
3. Alienta a los órganos ejecutivos pertinentes de la OSCE a que, de conformidad con sus mandatos y ateniéndose a los recursos de que disponen, y en cooperación con las organizaciones internaciona- les pertinentes, sigan identificando y aprovechando toda posibilidad de actuar en sinergia a la hora de prestar asistencia a los Estados participantes que lo soliciten para fortalecer el Estado de derecho;
4. Alienta a los Estados participantes, si procede con la asistencia de los órganos ejecutivos de la OSCE, y de conformidad con sus mandatos y recursos de que disponen, a que prosigan y redoblen sus esfuerzos por intercambiar información y prácticas recomendadas y que refuercen el Estado de derecho, entre otros en los ámbitos siguientes: • Independencia del poder judicial, administración efectiva de la justicia, derecho a un juicio justo, acceso a los tribunales, responsabilidad pública de las instituciones y los funcionarios estatales,
343 Helsinki 2008
respeto del Estado de derecho por parte de la administración pública, derecho a recibir asisten- cia letrada, y respeto de los derechos humanos de las personas detenidas; • Cumplimiento de las obligaciones en virtud del derecho internacional, como elemento clave para el fortalecimiento del Estado de derecho en el área de la OSCE; • Adhesión al principio de arreglo pacífico de las controversias; • Respeto del Estado de derecho y de los derechos humanos en la lucha contra el terrorismo, con- forme a sus obligaciones en virtud del derecho internacional y los compromisos de la OSCE; • Prevención de la tortura y de todo otro trato o castigo cruel, inhumano o degradante, también a través de la cooperación con los órganos intergubernamentales que proceda; • Un marco administrativo y judicial y una legislación eficiente que propicien las actividades eco- nómicas, el comercio y las inversiones en los Estados participantes y entre ellos; • Respeto del Estado de derecho en lo que concierne a la protección de la naturaleza en el área de la OSCE; • Campañas de concienciación acerca de cuestiones relacionadas con el Estado de derecho, lleva- das a cabo en los tribunales, los organismos encargados del cumplimiento de la ley y penitencia- rios, y también en los programas de capacitación impartida a letrados profesionales; • Educación acerca del Estado de derecho, y oportunidades para que letrados profesionales, aca- démicos y estudiantes de derecho de los diversos Estados participantes en la región de la OSCE puedan establecer contactos y realizar intercambios; • La función de los tribunales constitucionales, o institución equivalente de los Estados partici- pantes, como instrumentos para velar por que los principios del Estado de derecho, la democra- cia y los derechos humanos se respeten en todas las instituciones estatales; • La existencia de recursos legales efectivos, si procede, y el acceso a los mismos; • El acatamiento de las normas y prácticas propias del Estado de derecho en el sistema de justi- cia penal; • La lucha contra la corrupción;
5. Encomienda a los órganos ejecutivos pertinentes de la OSCE que, en estrecha consulta y coo- peración con los Estados participantes y en el marco de los recursos disponibles, convoquen en 2009 un seminario dedicado al Estado de derecho que servirá como plataforma de intercambio de las mejores prácticas entre los Estados participantes acerca de cuestiones relacionadas con el Estado de derecho.
Decisión Nº 8/08
Contribución de la OSCE a la fase de puesta en práctica de la Iniciativa Alianza de Civilizaciones
El Consejo Ministerial,
Reconociendo que es necesario promover el entendimiento mutuo y las relaciones de cooperación entre las naciones a través de culturas y civilizaciones,
Resuelto a oponerse a la radicalización y al extremismo violento que conducen al terrorismo,
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Subrayando el papel de la OSCE como arreglo regional en virtud del Capítulo VIII de la Carta de las Naciones Unidas,
Poniendo de relieve el interés sostenido de la OSCE por la iniciativa “Alianza de Civilizaciones” establecida bajo la égida de las Naciones Unidas, en consonancia con las decisiones de las reunio- nes del Consejo Ministerial en Liubliana, Bruselas y Madrid,
Reiterando nuestros compromisos de lucha contra la intolerancia y la discriminación y de promo- ción del entendimiento y el respeto mutuos,
Recordando la contribución inicial de la OSCE a la iniciativa Alianza de Civilizaciones, presen- tada al Secretario General de las Naciones Unidas en 2006,
Teniendo en cuenta el Plan de Aplicación para la iniciativa Alianza de Civilizaciones preparado por el Alto Representante de las Naciones Unidas,
Decide, dentro de los recursos disponibles, lo siguiente:
1. Autorizar al Secretario General de la OSCE a que siga la evolución de la Alianza de Civilizacio- nes y estudie la coopera ración en proyectos de la Alianza de Civilizaciones en ámbitos de interés común y mutuo provecho que promuevan el cumplimiento de los compromisos de la OSCE, y le encomienda que informe a los Estados participantes;
2. Recomendar al Secretario General de la OSCE que, en consulta con la Presidencia en Ejercicio, asista a la Segunda Reunión del Foro de la iniciativa Alianza de Civilizaciones, que tendrá lugar los días 2 y 3 de abril de 2009 en Estambul, e informe de sus resultados a los Estados participantes.
Decisión Nº 10/08
Seguir promoviendo las actividades de la OSCE para combatir el terrorismo
El Consejo Ministerial,
Recalcando que los Estados participantes están decididos a combatir el terrorismo en todas sus formas y manifestaciones, como delito que no tiene justificación sean cuales fueren sus motivos o su origen, y a llevar a cabo esa lucha con pleno respeto del Estado de derecho y de conformidad con las obligaciones contraídas en virtud del derecho internacional, en particular de los derechos humanos internacionales, del derecho humanitario y del de los refugiados,
Reafirmando los compromisos vigentes de la OSCE en materia de lucha contra el terrorismo y la intención de mantener las actividades contra el terrorismo entre las prioridades de la Organización,
Reafirmando también el apoyo de los Estados participantes a la Estrategia Global de las Naciones Unidas contra el Terrorismo,
Acogiendo con satisfacción la Declaración sobre la lucha contra el terrorismo, hecha por los diri- gentes del G8 el 9 de julio de 2008 en la Cumbre de Hokkaido Toyako,
Reiterando la necesidad de ocuparse de las condiciones que pueden contribuir a fomentar y sostener el terrorismo, en particular respetando plenamente la democracia y el Estado de derecho, permi- tiendo la plena participación de todos los ciudadanos en la vida política, evitando la discriminación
345 Helsinki 2008
y alentando el diálogo intercultural e interreligioso en sus sociedades, involucrando a la sociedad civil en la búsqueda de un arreglo político común de los conflictos, fomentando la tolerancia y los derechos humanos, y combatiendo la pobreza,
Recordando, entre otras, la Declaración Ministerial de Sofía sobre la prevención y lucha contra el terrorismo (2004); la Declaración Ministerial de Bruselas sobre el apoyo y la promoción del marco jurídico internacional contra el terrorismo (MC.DOC/5/06); y la Declaración Ministerial de Madrid sobre el apoyo a la Estrategia Global de las Naciones Unidas contra el Terrorismo (MC.DOC/3/07),
Recordando también la Decisión Nº 5/07 del Consejo Ministerial de Madrid relativa a la asocia- ción de los sectores público y privado para combatir el terrorismo, y la Decisión Nº 6/07 del Con- sejo Ministerial de Madrid relativa a la protección de infraestructuras energéticas críticas contra ataques terroristas,
Tomando nota de la Conferencia de seguimiento de la OSCE sobre asociación de los sectores público y privado: Asociación de las autoridades estatales, la sociedad civil y la comunidad empresarial para combatir el terrorismo, organizada en Viena los días 15 y 16 de septiembre de 2008, que con- tribuyó a identificar posibles nuevas esferas de cooperación en el ámbito de las asociaciones entre los sectores público y privado para combatir el terrorismo,
Tomando nota también del Curso práctico sobre la prevención del extremismo violento y la radi- calización que conducen al terrorismo, celebrado el 24 de octubre de 2008 en Viena, en el que se destacó la necesidad de comprender mejor esos fenómenos y de dar respuestas multidimensionales,
Tomando nota asimismo del Curso práctico sobre la mejora de la cooperación jurídica en asuntos penales relacionados con el terrorismo, que tuvo lugar los días 1 y 2 de abril de 2008 en Ankara (Turquía) y en el que se hizo hincapié en la necesidad de mejorar la cooperación a ese respecto,
Tomando nota de la Conferencia subregional de la OSCE sobre asociación de los sectores público y privado en Asia Central, organizada los días 4 y 5 de noviembre de 2008 en Bishkek (República de Kirguistán), que mostró la importancia de desarrollar dicha asociación para combatir el terro- rismo a nivel regional y subregional,
Tomando nota también del examen efectuado en el marco del sistema de las Naciones Unidas, acerca de la aplicación de la Estrategia Global de las Naciones Unidas contra el Terrorismo, que facilita orientación a las actividades de la OSCE en esa esfera, así como de su contribución para fortalecer los esfuerzos globales para combatir el terrorismo,
1. Exhorta a los Estados participantes y a las estructuras ejecutivas de la OSCE a que sigan esfor- zándose por contribuir activamente a la puesta en práctica de la Estrategia Global de las Naciones Unidas contra el Terrorismo, así como de otros documentos de las Naciones Unidas relacionados con la lucha contra el terrorismo;
2. Exhorta también a los Estados participantes a que sigan fomentando las asociaciones de los sec- tores público y privado con la sociedad civil, los medios informativos, la comunidad empresarial y la industria, a fin de combatir el terrorismo, especialmente mediante la divulgación de las lec- ciones aprendidas y el intercambio de la información y las mejores prácticas nacionales pertinen- tes, tanto en el marco de la OSCE como a nivel nacional, subregional y regional, cuando proceda;
3. Encarga al Secretario General y a las estructuras ejecutivas pertinentes de la Organización que, dentro de los recursos disponibles, apoyen la organización en 2009 de seminarios a nivel de
346 Helsinki 2008
expertos, cursos prácticos y simulacros que alienten iniciativas de asociación entre los sectores público y privado en ámbitos como la cooperación con la sociedad civil y los medios informativos en la lucha contra el terrorismo, el fomento del diálogo intercultural e interreligioso para combatir el terrorismo, la protección de las infraestructuras energéticas críticas no nucleares contra los ata- ques terroristas y la lucha contra la financiación del terrorismo y el blanqueo de dinero, especial- mente en lo que respecta a la aplicación de las Recomendaciones especiales del Grupo de Acción Financiera (GAFI) sobre la financiación del terrorismo;
4. Exhorta asimismo a los Estados participantes a que utilicen las estructuras ejecutivas de la OSCE para combatir el extremismo violento y la radicalización que conducen al terrorismo en sus respec- tivos países. Con esta finalidad, se anima a los Estados participantes a que sigan intercambiando ideas y mejores prácticas nacionales acerca de sus estrategias y medidas para contrarrestar el extre- mismo violento y la radicalización que conducen al terrorismo, así como a que mejoren su coo- peración con los medios informativos, la comunidad empresarial, la industria y la sociedad civil;
5. Encarga al Secretario General que, en consulta con las estructuras ejecutivas pertinentes de la OSCE y dentro de los recursos disponibles, prepare un informe sobre las actividades de dichas estructuras para combatir el terrorismo. El informe reflejará los mandatos vigentes y los com- promisos de la Organización en esa esfera, evaluará las actividades de la OSCE para combatir el terrorismo, teniendo en cuenta las capacidades y los recursos de la Organización, y se presentará a los Estados participantes a más tardar el 1 de abril de 2009 para su ulterior examen en los órga- nos pertinentes. Posteriormente, según lo estipulado en la MC(10).DEC/3, los Estados participan- tes revisarán el cumplimiento de los compromisos de la OSCE relacionados con la lucha contra el terrorismo en la Conferencia Anual para el Examen de la Seguridad 2009;
6. Alienta a los Socios para la Cooperación a que apliquen voluntariamente las disposiciones de la presente decisión y los invita a participar en las actividades que se llevarán a cabo en el marco de la presente decisión.
347 Documento de la Decimoséptima Reunión del Consejo Ministerial Atenas 2009
I. Declaraciones del Consejo Ministerial y otras declaraciones
Declaración Ministerial sobre el Proceso de Corfú de la OSCE: Reconfirmar- Revisar-Reforzar la Seguridad y la Cooperación de Vancouver a Vladivostok
1. Nosotros, los Ministros de Asuntos Exteriores de los 56 Estados participantes de la Organiza- ción para la Seguridad y la Cooperación en Europa, nos reunimos por segunda vez este año, des- pués de nuestra reunión oficiosa en Corfú, para poner de relieve los notables progresos que hemos logrado juntos desde la reunificación de Europa y la eliminación de las antiguas divisiones de ese continente. Reconfirmamos que la visión de un área de la OSCE libre, democrática y más inte- grada, desde Vancouver hasta Vladivostok, sin líneas divisorias ni zonas con distintos niveles de seguridad, sigue siendo un objetivo común que estamos decididos a alcanzar.
2. Para lograr ese objetivo aún queda mucho por hacer. Nos sigue preocupando seriamente que los principios del Acta Final de Helsinki y los compromisos de la OSCE no se hayan respetado ni cum- plido plenamente; que el uso de la fuerza no haya dejado de considerarse como una opción para solucionar controversias; que no se haya eliminado el peligro de conflictos entre Estados y que haya habido conflictos armados incluso en los últimos decenios; que aún haya tensiones y que muchos conflictos estén sin resolver; que las situaciones de estancamiento en el control de armamentos convencionales, la resolución de desacuerdos en ese ámbito, la reanudación de la plena aplicación del régimen del Tratado FACE y la restauración de su viabilidad requieran que sus Estados Parte adopten urgentemente medidas concertadas; y que nuestros objetivos comunes en las esferas del Estado de derecho, de los derechos humanos y de las libertades fundamentales necesiten ser ple- namente preservados y promovidos. Todo eso está ocurriendo en un momento en que las nue- vas amenazas transnacionales que van surgiendo requieren, más que nunca, respuestas comunes.
3. Reconocemos que esos retos para la seguridad, que se han visto acentuados por la actual cri- sis económica y financiera, deben ser abordados con el compromiso renovado de obtener resulta- dos mediante el diálogo y la cooperación multilaterales. En esta fase, nuestra máxima prioridad sigue siendo restablecer nuestra confianza y nuestra seguridad, así como recapturar el sentido de finalidad común que unió a nuestros predecesores en Helsinki hace casi 35 años. En ese contexto, acogemos con agrado el diálogo sobre los retos actuales y futuros para la seguridad en la zona euroatlántica y en Eurasia, iniciado en el Consejo Ministerial de Helsinki de 2008 e impulsado por la Presidencia griega en junio de 2009 como “Proceso de Corfú”, cuya finalidad es el logro de los objetivos antedichos. Consideramos que la primera Reunión Ministerial oficiosa de la OSCE en Corfú, que ha contado con una amplia participación, es la piedra angular de ese Proceso, y en ella expresamos nuestra voluntad política de hacer frente a los retos para la seguridad en las tres dimensiones de la OSCE.
348 Atenas 2009
4. El Proceso de Corfú ya ha mejorado la calidad y ha contribuido a la revitalización de nuestro diálogo político en la OSCE sobre seguridad y cooperación desde Vancouver hasta Vladivostok. Estamos decididos a continuar y seguir promoviendo ese Proceso, estableciendo objetivos ambi- ciosos, concretos y prácticos, y prestando también mucha atención a las cuestiones esenciales de nuestra labor, que hemos identificado hasta ahora. La OSCE, por la gran variedad de sus miem- bros y su enfoque multidimensional de una seguridad común, global, cooperativa e indivisible, es el foro adecuado para ese diálogo. Acogemos con satisfacción las valiosas contribuciones de todas las organizaciones e instituciones pertinentes que se ocupan de la seguridad, sobre la base de la Plataforma para la Seguridad Cooperativa.
5. El diálogo en el marco del Proceso de Corfú se basará en la OSCE y en los principios de igual- dad, asociación, cooperación, integración y transparencia. Su objetivo será tratar de resolver los desacuerdos con franqueza, rectitud e imparcialidad, reconociendo nuestras diferencias e inquietu- des, con un espíritu de respeto y entendimiento mutuos. El diálogo tendrá tres directrices básicas: (a) Adhesión al concepto de seguridad global, cooperativa e indivisible, consagrado en los docu- mentos fundamentales de la OSCE; (b) Cumplimiento pleno, por parte de todos, de las normas, principios y compromisos de la OSCE en sus tres dimensiones, con buena fe y de forma consecuente; (c) Determinación de fortalecer la asociación y la cooperación en el área de la OSCE, así como de mejorar la efectividad de la Organización y su contribución a la seguridad en nuestro espacio común.
6. Del Proceso de Corfú se seguirán ocupando nuestros Representantes Permanentes en la OSCE en Viena, conforme a la decisión que adoptamos hoy. Seguimos estando decididos a dar un gran ímpetu político a dicho Proceso y esperamos con interés volver a evaluar sus progresos en 2010, con el formato y al nivel que consideremos adecuado, teniendo en cuenta los resultados obtenidos. (…)
Declaración ministerial conmemorativa del sexagésimo aniversario del final de la Segunda Guerra Mundial
En 2010 se cumple el 65º aniversario del final de la Segunda Guerra Mundial, que causó sufri- mientos y una destrucción sin precedentes. Esa guerra fue una de las mayores tragedias que han sufrido los pueblos de Europa y del mundo. Se prolongó durante seis años y medio y costó dece- nas de millones de vidas. En ella se violaron los derechos humanos y las libertades, y se cometie- ron delitos contra la paz, crímenes de guerra y crímenes de lesa humanidad.
Lloramos por todas las personas que perdieron la vida como consecuencia de la guerra, del Holo- causto, de las ocupaciones y de los actos de represión. Rendimos homenaje a los veteranos y a todos los que combatieron por la victoria de la humanidad contra el fascismo, la dictadura, la opresión y la agresión. El tiempo no mermará el significado de su sacrificio y nunca olvidaremos sus heroi- cas hazañas.
Resueltos a evitar que volviera a producirse una catástrofe europea e internacional semejante, nuestros países adoptaron un claro e inequívoco compromiso respecto de la paz, la seguridad y la democracia, que plasmaron con la fundación de las Naciones Unidas y el establecimiento de organizaciones regionales. Hoy estamos orgullosos de nuestros logros comunes y aclamamos los progresos realizados en los 65 últimos años para superar el trágico legado de la Segunda Guerra Mundial y lograr la paz y la seguridad mundiales, la reconciliación, la cooperación internacio- nal y regional, y la promoción de los valores democráticos, los derechos humanos y las libertades
349 Atenas 2009
fundamentales. Destacamos el importante papel desempeñado por la CSCE y por la OSCE a ese respecto en los pasados decenios.
Recordando el Acta Final de Helsinki, la Carta de París para una Nueva Europa, la Carta sobre la Seguridad Europea y otros documentos de la OSCE, no toleraremos que haya líneas divisorias y no ahorraremos esfuerzos para evitar que surjan otras nuevas en el área de la OSCE y para eli- minar las fuentes de hostilidad, tensiones y confrontación. Reiteramos nuestra posición de que, en la OSCE, ningún Estado o grupo de Estados puede considerar cualquier parte del área de la OSCE como su esfera de influencia. Estamos decididos a proseguir nuestro esfuerzo colectivo con miras a crear un espacio de seguridad común e indivisible en el área de la OSCE, basado en la democra- cia, el Estado de derecho, la prosperidad económica, la justicia social y el respeto de los derechos humanos y de las libertades fundamentales, así como de los derechos de personas pertenecientes a minorías nacionales. Esa sigue siendo nuestra finalidad común.
Una investigación honesta y meticulosa de la historia de la Segunda Guerra Mundial contribuye a la reconciliación.
Hemos aprendido de la historia el peligro que representan la intolerancia, la discriminación, el extremismo y el odio por motivos étnicos, raciales y religiosos. Nos hemos comprometido a com- batir tales amenazas, particularmente a través de la actuación de la OSCE, y rechazamos toda ten- tativa por justificar cualquiera de ellas.
Condenamos con firmeza toda denegación del Holocausto. Condenamos también toda forma de limpieza étnica. Confirmamos nuestra adhesión a la Convención de las Naciones Unidas para la Prevención y la Sanción del Delito de Genocidio, adoptada el 9 de diciembre de 1948, y pedimos a los Estados participantes que adopten todas las medidas posibles para velar por que se evite todo intento de cometer un genocidio, en la actualidad y en el futuro. Los autores de esos delitos deben ser llevados ante los tribunales.
Las lecciones de la Segunda Guerra Mundial siguen siendo importantes en la actualidad, cuando necesitamos mancomunar nuestros esfuerzos y recursos para hacer frente a las amenazas y los retos para nuestra seguridad y nuestra estabilidad comunes, y para defender nuestros principios comunes. Los nuevos tiempos han traído nuevos retos y nuevas amenazas, de los cuales uno de los más peligrosos es el terrorismo. Lucharemos juntos contra esas y otras amenazas para la segu- ridad, entre otras cosas por medio de la OSCE.
Estamos convencidos de que la resolución pacífica de todos los conflictos existentes, la observación de las normas de derecho internacional y de los objetivos y principios de la Carta de las Naciones Unidas, y el cumplimiento de los compromisos que figuran en el Acta Final de Helsinki y en otros documentos aceptados de la OSCE son la mejor manera de rendir homenaje a los que lucharon por la paz, la libertad, la democracia y la dignidad humana, de conmemorar a todas las víctimas de la Segunda Guerra Mundial, de superar el pasado, y de preservar a las generaciones presentes y futuras del flagelo de la guerra y de la violencia.
350 Atenas 2009
Declaración ministerial con motivo del 25º aniversario de la adopción de la Convención contra la Tortura y Otros Tratos o Penas Crueles, Inhumanos o Degradantes
1. Nosotros, los miembros del Consejo Ministerial de la OSCE, reafirmamos nuestra firme solida- ridad con la Convención contra la Tortura y Otros Tratos o Penas Crueles, Inhumanos o Degra- dantes, adoptada por la Asamblea General de las Naciones Unidas el 10 de diciembre de 1984, a la que todos los Estados participantes de la OSCE se han adherido.
2. Con motivo del 25º aniversario de la adopción de la Convención, reafirmamos que, al igual que se prescribe en la Declaración Universal de Derechos Humanos, nadie será sometido a tortura ni a otros tratos o penas crueles, inhumanos o degradantes.
3. Reconocemos que la tortura es un delito de la máxima gravedad y afirmamos que el derecho a no ser sometido a la tortura y otros tratos o penas crueles, inhumanos o degradantes es un derecho no derogable, que protege la dignidad y la integridad intrínsecas de la persona humana.
4. Condenamos enérgicamente todas las formas de tortura y otros tratos o penas crueles, inhuma- nos o degradantes que están y deben seguir estando prohibidos en todo momento y lugar y que jamás se pueden justificar.
5. Estamos profundamente inquietos porque la tortura y otros tratos o penas crueles, inhuma- nos o degradantes aún se aplican en muchos lugares del mundo, incluidos Estados participantes de la OSCE.
6. Por consiguiente, nos comprometemos a respetar la prohibición absoluta de emplear la tortura y otros tratos o penas crueles, inhumanos o degradantes, según se establece en la Convención, a apli- car plenamente y de buena fe sus cláusulas, y a actuar en plena conformidad con todos sus principios.
7. Pedimos a los Estados participantes que aún no lo hayan hecho que estudien lo antes posible la posibilidad de adherirse al Protocolo Facultativo de la Convención.
8. Asimismo, reafirmamos nuestra determinación de cumplir plenamente nuestros compromisos comunes de la OSCE para eliminar la tortura y otros tratos o penas crueles, inhumanos o degra- dantes.
9. Redoblaremos nuestros esfuerzos para tomar medidas tenaces, decididas y eficaces para preve- nir y combatir la tortura y otros tratos o penas crueles, inhumanos o degradantes y velar por la plena rehabilitación de las víctimas de la tortura.
10. Reconocemos la valiosa contribución de la OSCE a la promoción de los principios y las dispo- siciones que enuncia la Convención.
11. Estimamos que es importante cooperar plenamente con los órganos intergubernamentales internacionales oportunos con esa finalidad.
12. Encomiamos los esfuerzos persistentes de la sociedad civil para prevenir la tortura y otros tra- tos o penas crueles, inhumanos o degradantes y paliar el sufrimiento de las víctimas.
351 Atenas 2009
II. Decisiones del Consejo Ministerial
Decisión Nº 1/09
Promoción del Proceso de Corfú
El Consejo Ministerial,
Elogiando la iniciativa de la Presidencia griega en favor de impulsar un diálogo franco y amplio, con base en Viena, acerca de las cuestiones esenciales relativas a una seguridad europea más amplia, iniciado sobre la base de los resultados de nuestra reunión ministerial oficiosa celebrada en Corfú,
Alentado por el espíritu positivo de ese diálogo y teniendo en cuenta las múltiples propuestas pre- sentadas por las delegaciones a lo largo de dicho diálogo,
Reconociendo la necesidad de proseguir el Proceso de Corfú y de profundizar el diálogo, con el fin de fomentar el entendimiento y mejorar la confianza, así como de promover propuestas encami- nadas a fortalecer la capacidad de la OSCE para hacer frente a las amenazas para la seguridad y de obtener resultados concretos, con objeto de asegurar la adopción de un enfoque amplio y equili- brado de la seguridad,
Con este fin, decide:
1. Encomendar a la Presidencia de la OSCE en 2010 que, en estrecha consulta con las sucesivas Presidencias del FCS, prosiga el diálogo franco, oficioso y periódico, en el marco del Proceso de Corfú, mediante reuniones oficiosas periódicas a nivel de representantes permanentes, reforzadas por las capitales, según proceda, con el fin de ampliar las esferas de acuerdo y contribuir a fomen- tar el consenso.
Teniendo en cuenta la evaluación inicial de los principales desafíos y amenazas para nuestra segu- ridad y cooperación, identificados hasta ahora en el Proceso de Corfú, el futuro diálogo se cen- trará en cuestiones relativas a: • La aplicación de todas las normas, principios y compromisos de la OSCE; • La función de la OSCE en las esferas de alerta temprana, prevención y resolución de conflictos, gestión de crisis y rehabilitación posconflicto; • La función que desempeñan el control de armamentos y los regímenes de fomento de la con- fianza y la seguridad en el fortalecimiento de la confianza, en un entorno de seguridad cambiante; • Las amenazas y los retos transnacionales y multidimensionales; • Los problemas económicos y medioambientales; • Los derechos humanos y las libertades fundamentales, así como la democracia y el Estado de derecho; • La mejora de la eficacia de la OSCE; • La interacción con otras organizaciones e instituciones, sobre la base de la Plataforma para la Seguridad Cooperativa 1999.
En el marco del Proceso de Corfú, los Estados participantes podrán plantear cualquier cuestión que consideren pertinente.
352 Atenas 2009
2. Basándose en los resultados de las reuniones oficiosas de los Representantes Permanentes, que la Presidencia de la OSCE en estrecha consulta con la Presidencia del FCS presente, a más tardar al final de junio de 2010, a una reunión conjunta reforzada del Consejo Permanente y del Foro de Cooperación en materia de Seguridad, un informe provisional con un resumen de las propuestas presentadas por los Estados participantes en el marco del Proceso de Corfú, para que lo estudien y posiblemente adopten decisiones.
3. Que el CP y el FCS, en el ámbito de sus respectivos mandatos y si es necesario de forma con- junta, examinen el informe provisional y estudien las medidas que haya que adoptar con relación a las propuestas contenidas en dicho informe, si procede.
4. Que, previa solicitud, las estructuras ejecutivas de la OSCE faciliten, en el ámbito de sus respec- tivos mandatos, asistencia y asesoramiento especializado, si procede. La Asamblea Parlamentaria de la OSCE también podrá contribuir al Proceso de Corfú.
La Presidencia, tras mantener consultas con Estados participantes, invitará a los Socios para la Cooperación, a organizaciones e instituciones internacionales, regionales y subregionales, así como a representantes del mundo académico y de las ONG a que contribuyan a los debates, sobre una base ad hoc.
5. Que la participación del Consejo Permanente y del Foro de Cooperación en materia de Seguri- dad en el Proceso de Corfú no reste dedicación a sus mandatos, programas y actividades regulares.
Decision Nº 2/09
Promoción de los esfuerzos de la OSCE para hacer frente a las amenazas y los retos transnacionales para la seguridad y la estabilidad
El Consejo Ministerial,
Reconociendo que la evolución del entorno de la seguridad en el siglo XXI, unida al proceso de globalización, crea nuevos retos y amenazas de naturaleza transnacional y multidimensional para la seguridad y la estabilidad, lo que requiere respuestas amplias multidimensionales y colectivas,
Reafirmando que el estricto cumplimiento de las leyes y los principios internacionales de la Carta de las Naciones Unidas sigue siendo el objetivo de nuestros esfuerzos para prevenir y combatir las amenazas para la seguridad y la estabilidad, y que el Consejo de Seguridad de las Naciones Uni- das sigue siendo el principal responsable del mantenimiento de la paz y la seguridad internacio- nales, y continúa desempeñando un papel esencial mediante su contribución a la seguridad y la estabilidad en el mundo,
Convencido de que la OSCE puede contribuir realmente al desarrollo de respuestas cooperativas a esos problemas, basándose en el gran número de sus miembros, en sus conocimientos temáticos y en su concepto característico de seguridad común, global, cooperativa e indivisible Elogiando también el activo papel desempeñado por la OSCE en su región, en la esfera de las amenazas trans- nacionales, por medio de su Secretaría, Instituciones y operaciones sobre el terreno, que son ins- trumentos importantes para ayudar a todos los Estados participantes a cumplir sus compromisos en las tres dimensiones, y reafirmando la importancia de intensificar la cooperación con la Asam- blea Parlamentaria en todas las cuestiones que sean del caso,
353 Atenas 2009
Reafirmando que el respeto de los derechos humanos y las libertades fundamentales, la democracia y el Estado de derecho es la esencia del concepto de seguridad global de la OSCE, y reconociendo que las instituciones democráticas fuertes y el Estado de derecho desempeñan un papel impor- tante a la hora de evitar la aparición de amenazas transnacionales,
Considerando que los conflictos interestatales e interestatales en el área de la OSCE pueden provo- car inestabilidad y otros tipos de riesgos y amenazas, como el terrorismo, la proliferación de armas de destrucción en masa, la acumulación excesiva y desestabilizadora y la difusión incontrolada de APAL, las violaciones de los derechos humanos, las expulsiones masivas, el deterioro de la situa- ción socio-económica y la migración ilegal,
Reconociendo que el incumplimiento de las leyes internacionales y de las normas y los principios de la OSCE, así como una serie de factores relacionados con las dimensiones político militar, econó- mica, medioambiental y humana, son el origen de las causas inmediatas de los conflictos violentos,
Elogiando asimismo la contribución de la OSCE a los esfuerzos globales para combatir el terro- rismo, en particular su apoyo a la labor de las Naciones Unidas mediante la estrecha colaboración con otras organizaciones internacionales y regionales, así como sus programas pioneros en esfe- ras como la lucha contra el empleo de Internet con fines terroristas; la promoción de asociaciones entre el sector público y el sector privado para combatir el terrorismo; la mejora de la seguridad de los documentos de viaje y la cooperación jurídica en asuntos penales relacionados con el terro- rismo; la lucha contra el extremismo violento y la radicalización que conducen al terrorismo; y la protección de infraestructuras energéticas críticas contra ataques terroristas,
Tomando nota de la contribución de la OSCE a los esfuerzos internacionales para luchar contra la delincuencia organizada, incluido el tráfico ilícito de estupefacientes, el contrabando de migran- tes, la migración ilegal y la trata de personas, así como otras amenazas transnacionales, mediante la prestación de ayuda y asesoramiento pericial a los Estados participantes en la esfera del cum- plimiento de la ley,
Recordando nuestro compromiso de mejorar la función de la OSCE en actividades relacionadas con la policía civil, como parte integrante de los esfuerzos de la Organización en los ámbitos de prevención de conflictos, gestión de crisis y rehabilitación posconflicto; y tomando nota también de las actividades de la OSCE relacionadas con la policía, especialmente el fomento de capacidades, la formación de fuerzas de policía democráticas y la capacitación en aptitudes policiales esenciales,
Tomando nota asimismo de los progresos alcanzados en las actividades de seguridad y gestión fron- terizas, basadas en el Concepto de la OSCE 2005 sobre Gestión y Seguridad de Fronteras, y reafir- mando que es importante fortalecer las capacidades de la Organización para promover fronteras abiertas y seguras, y mejorar la cooperación interestatal mutuamente beneficiosa, cuando proceda, para hacer frente a las amenazas del terrorismo, la delincuencia organizada, la migración ilegal, el tráfico ilícito de armas y drogas, y la trata de personas,
Elogiando asimismo los progresos alcanzados en la puesta en práctica de la decisión MC.DEC/4/07/ Corr.1, relativa al compromiso de la OSCE para con Afganistán, y haciendo un llamamiento para que se intensifique la aplicación de dicha decisión,
Consciente de que es muy posible que las amenazas para la estabilidad y la seguridad en la región de la OSCE no sean sino consecuencias desestabilizadoras de situaciones relacionadas con las dimensiones político-militar, económica y medioambiental, y humana,
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Teniendo en cuenta que las amenazas transnacionales para los Estados participantes pueden pro- venir también de zonas adyacentes a la región de la OSCE y que por tanto requieren respuestas estrechamente coordinadas con los Socios de la OSCE para la Cooperación y con las organizacio- nes internacionales y regionales pertinentes,
Reafirmando también la importancia continuada de la Estrategia 2003 de la OSCE frente a las ame- nazas contra la seguridad y la estabilidad en el siglo XXI, que proporciona una base multidimen- sional, amplia y cooperativa para las actividades de la Organización a ese respecto,
Elogiando la labor que están realizando el Consejo Permanente y el Foro de Cooperación en mate- ria de Seguridad para hacer frente a esas amenazas transnacionales, en el marco de sus respecti- vos mandatos,
Elogiando también el activo papel desempeñado por la OSCE en su región, en la esfera de las ame- nazas transnacionales, por medio de su Secretaría, Instituciones y operaciones sobre el terreno, que son instrumentos importantes para ayudar a todos los Estados participantes a cumplir sus com- promisos en las tres dimensiones, y reafirmando la importancia de intensificar la cooperación con la Asamblea Parlamentaria en todas las cuestiones que sean del caso,
Reafirmando que el respeto de los derechos humanos y las libertades fundamentales, la democracia y el Estado de derecho es la esencia del concepto de seguridad global de la OSCE, y reconociendo que las instituciones democráticas fuertes y el Estado de derecho desempeñan un papel impor- tante a la hora de evitar la aparición de amenazas transnacionales,
Considerando que los conflictos interestatales e intraestatales en el área de la OSCE pueden pro- vocar inestabilidad y otros tipos de riesgos y amenazas, como el terrorismo, la proliferación de armas de destrucción en masa, la acumulación excesiva y desestabilizadora y la difusión incon- trolada de APAL, las violaciones de los derechos humanos, las expulsiones masivas, el deterioro de la situación socio-económica y la migración ilegal,
Reconociendo que el incumplimiento de las leyes internacionales y de las normas y los principios de la OSCE, así como una serie de factores relacionados con las dimensiones político militar, econó- mica, medioambiental y humana, son el origen de las causas inmediatas de los conflictos violentos,
Elogiando asimismo la contribución de la OSCE a los esfuerzos globales para combatir el terro- rismo, en particular su apoyo a la labor de las Naciones Unidas mediante la estrecha colaboración con otras organizaciones internacionales y regionales, así como sus programas pioneros en esfe- ras como la lucha contra el empleo de Internet con fines terroristas; la promoción de asociaciones entre el sector público y el sector privado para combatir el terrorismo; la mejora de la seguridad de los documentos de viaje y la cooperación jurídica en asuntos penales relacionados con el terro- rismo; la lucha contra el extremismo violento y la radicalización que conducen al terrorismo; y la protección de infraestructuras energéticas críticas contra ataques terroristas,
Tomando nota de la contribución de la OSCE a los esfuerzos internacionales para luchar contra la delincuencia organizada, incluido el tráfico ilícito de estupefacientes, el contrabando de migran- tes, la migración ilegal y la trata de personas, así como otras amenazas transnacionales, mediante la prestación de ayuda y asesoramiento pericial a los Estados participantes en la esfera del cum- plimiento de la ley,
Recordando nuestro compromiso de mejorar la función de la OSCE en actividades relacionadas con la policía civil, como parte integrante de los esfuerzos de la Organización en los ámbitos de
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prevención de conflictos, gestión de crisis y rehabilitación posconflicto; y tomando nota también de las actividades de la OSCE relacionadas con la policía, especialmente el fomento de capacidades, la formación de fuerzas de policía democráticas y la capacitación en aptitudes policiales esenciales,
Tomando nota asimismo de los progresos alcanzados en las actividades de seguridad y gestión fron- terizas, basadas en el Concepto de la OSCE 2005 sobre Gestión y Seguridad de Fronteras, y reafir- mando que es importante fortalecer las capacidades de la Organización para promover fronteras abiertas y seguras, y mejorar la cooperación interestatal mutuamente beneficiosa, cuando proceda, para hacer frente a las amenazas del terrorismo, la delincuencia organizada, la migración ilegal, el tráfico ilícito de armas y drogas, y la trata de personas,
Elogiando asimismo los progresos alcanzados en la puesta en práctica de la decisión,
Reconociendo el deseo de los Estados participantes de promover un enfoque amplio de la OSCE para mejorar la ciberseguridad, como demuestran los resultados del curso práctico organizado por la OSCE sobre esa cuestión en marzo de 2009,
Apreciando los esfuerzos de la Secretaría por ayudar a los Estados participantes a enfrentarse con las amenazas y los retos transnacionales en la dimensión económica y medioambiental, especial- mente en cuestiones como la migración ilegal, la buena gobernanza, el transporte, la seguridad energética y las repercusiones de los problemas medioambientales en la seguridad,
Reafirmando que las prácticas relacionadas con la discriminación y la intolerancia, que pueden tener su origen en cuestiones como las tensiones étnicas y religiosas, el nacionalismo agresivo, la patriotería y la xenofobia, y también pueden ser consecuencia del racismo, el antisemitismo y el extremismo violento, así como de la falta de respeto por los derechos de los miembros de minorías nacionales, ponen en peligro la seguridad de las personas y pueden dar lugar a conflictos y vio- lencia en mayor escala,
Reconociendo que el problema de los refugiados y las personas internamente desplazadas en el área de la OSCE, especialmente como consecuencia de conflictos, violaciones de derechos huma- nos y desastres naturales o provocados por el hombre, requiere mejorar la cooperación y la acción concertada de todos los Estados participantes,
Reconociendo también la importancia de la amplia labor que realiza la OSCE para erradicar la trata de personas, y rindiendo el debido homenaje a las actividades de la Representante
Especial y Coordinadora de la Lucha contra la Trata de Personas, así como a otras estructuras eje- cutivas pertinentes de la OSCE, por la dedicación mostrada a la hora de prestar asistencia a los Estados participantes para resolver el problema de la trata,
Reconociendo asimismo que muchas amenazas de naturaleza político-militar, como las acumula- ciones desestabilizadoras de armamentos convencionales, las transferencias ilícitas de armas y la proliferación de armas de destrucción masiva, siguen siendo motivo de gran inquietud para los Estados participantes de la OSCE,
Reconociendo que los esfuerzos necesarios para combatir la proliferación de armas de destrucción masiva y de sus sistemas vectores no se limitan a los medios militares, y acogiendo con satisfac- ción la adopción el 30 de septiembre de 2009 por el Foro de Cooperación en materia de Seguri- dad de una Guía de mejores prácticas sobre la resolución 1540 del Consejo de Seguridad de las Naciones Unidas,
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Reconociendo sin ambages que las amenazas y los retos transnacionales, incluida la cooperación entre Estados y entre organizaciones, siguen siendo un importante tema de deliberación en el marco del Proceso de Corfú,
Decide agilizar los esfuerzos individuales y colectivos para combatir las amenazas transnaciona- les para la seguridad, de forma amplia e interdimensional, de conformidad con la Estrategia de la OSCE frente a las amenazas contra la seguridad y la estabilidad en el siglo XXI, aprovechando al máximo las ventajas comparativas y los conocimientos periciales de la Organización;
Decide también explorar nuevas formas de fortalecer sinergias en las actividades de la OSCE con- tra esas amenazas, especialmente mejorando la coordinación interna y la colaboración con los Socios de la OSCE para la Cooperación, y centrándose en aquellos ámbitos en los que la Organi- zación puede aportar un valor añadido a la labor de las Naciones Unidas y complementar las acti- vidades de otras organizaciones internacionales, especialmente sobre la base de la Plataforma para la Seguridad Cooperativa 1999;
Encarga a todas las estructuras ejecutivas de la OSCE que redoblen sus esfuerzos, en el marco de sus mandatos vigentes y de los recursos disponibles, para seguir consolidando las respuestas inte- rinstitucionales de la OSCE a las amenazas multidimensionales para la seguridad, en particular en los ámbitos que corresponden a los mandatos de varias estructuras ejecutivas;
Pide al Secretario General que estudie la forma de seguir fortaleciendo la coordinación programá- tica entre las estructuras ejecutivas de la OSCE, según lo establecido en la MC.DEC/18/06, pres- tando especial atención a las actividades multidimensionales de la Organización para hacer frente a las amenazas transnacionales para la seguridad, basándose en los mandatos vigentes de la Secre- taría y dentro de los recursos disponibles, y que presente un primer resumen sobre los progresos realizados, a más tardar el 1 de abril, y que haga propuestas al Consejo Permanente sobre la pla- nificación de la labor al respecto, no más tarde del 1 de junio de 2010.
Decisión Nº. 3/09
Nuevas medidas para respaldar y promover el marco jurídico internacional para luchar contra el terrorismo
El Consejo Ministerial,
Decidido a reforzar las actividades de la OSCE para luchar contra el terrorismo de conformidad con las normas y el derecho internacional en consonancia con los compromisos vigentes de la OSCE,
Reafirmando que los Estados participantes deben aplicar sus medidas antiterroristas con un respeto pleno por el Estado de derecho y de conformidad con las obligaciones que han asumido en virtud de las resoluciones del Consejo de Seguridad de las Naciones Unidas, así como de los convenios y protocolos relacionados con la prevención y la supresión del terrorismo, la Estrategia Global de las Naciones Unidas contra el Terrorismo y las disposiciones pertinentes de los derechos huma- nos, el derecho humanitario y el derecho de los refugiados internacionales,
Recordando los compromisos de la OSCE conforme a la Decisión Nº 1 del Consejo Ministerial de Bucarest (MC(9).DEC/1/Corr.1), la Declaración Ministerial sobre la Convención Internacional para la Supresión de Actos de Terrorismo Nuclear (MC.DOC/1/05) y la Declaración Ministerial de Bruselas sobre el respaldo y la promoción del marco jurídico internacional contra el terrorismo (MC.DOC/5/06), y acogiendo con satisfacción los notables progresos realizados en relación con la
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adhesión de Estados participantes a los 12 convenios y protocolos universales de 1963-1999 contra el terrorismo, así como los progresos en cuanto a la firma y la ratificación de la Convención Inter- nacional para la Supresión de Actos de Terrorismo Nuclear (2005),
Tomando nota de las últimas novedades importantes en el marco jurídico internacional contra el terrorismo, especialmente la adopción de la Enmienda de la Convención sobre la Protección Física de los Materiales Nucleares (2005), el Protocolo del Convenio para la represión de actos ilícitos contra la seguridad de la navegación marítima (2005) y el Protocolo relativo al Protocolo para la represión de actos ilícitos contra la seguridad de las plataformas fijas emplazadas en la plataforma continental (2005), y deseoso de facilitar su entrada en vigor en breve,
Reconociendo que es necesario transponer las cláusulas relativas a las infracciones dimanantes de los convenios y protocolos universales contra el terrorismo en la legislación penal nacional y, si procede, también en la legislación administrativa y civil nacional, para sancionarlas con las medi- das punitivas que procedan, a fin de hacer que dentro del Estado de derecho comparezcan ante la justicia todos aquellos que perpetren, organicen, apoyen o financien atentados terroristas, y facili- tar la cooperación jurídica internacional sobre la base del principio de “extradición o proceso judi- cial”, conforme lo requieren las resoluciones pertinentes del Consejo de Seguridad de las Naciones Unidas y los instrumentos universales contra el terrorismo,
Reconociendo asimismo que los Estados participantes de la OSCE pueden requerir asistencia téc- nica en sus medidas relacionadas con lo antedicho,
Reconociendo el importante papel que desempeñan los parlamentarios en la ratificación y apli- cación de las normas legislativas nacionales derivadas de los convenios y protocolos universales contra el terrorismo,
Insta a los Estados participantes de la OSCE que aún no lo hayan hecho a que hagan todo lo posi- ble por adherirse sin demora a los 13 convenios y protocolos universales contra el terrorismo que están en vigor actualmente y que apliquen plenamente sus disposiciones;
Hace un llamamiento a los Estados participantes de la OSCE para que estudien la posibilidad de adherirse a la Enmienda de la Convención sobre la Protección Física de los Materiales Nucleares (2005), al Protocolo del Convenio para la represión de actos ilícitos contra la seguridad de la nave- gación marítima (2005) y al Protocolo relativo al Protocolo para la represión de actos ilícitos con- tra la seguridad de las plataformas fijas emplazadas en la plataforma continental (2005), y en lo sucesivo apliquen plenamente sus disposiciones;
Insta a los Estados participantes de la OSCE a que estudien la posibilidad de adherirse a instru- mentos jurídicos regionales y subregionales de la lucha contra el terrorismo, incluida la Conven- ción del Consejo Europeo para la Prevención del Terrorismo;
Encomienda al Secretario General que organice un curso práctico en 2010 para ayudar a los Esta- dos participantes con los aspectos relativos al derecho penal en la aplicación de los convenios y pro- tocolos universales contra el terrorismo concertados en 2005, dentro de los recursos disponibles y en cooperación con la ONUDD y otros agentes internacionales pertinentes;
Encomienda a la Presidencia en Ejercicio, en coordinación con las estructuras ejecutivas de la OSCE, que organice en Astana en 2010, dentro de los recursos disponibles y en cooperación con la ONUDD y el Consejo de Europa, así como con otros socios internacionales pertinentes, una
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conferencia de expertos sobre estrategias eficaces, políticas efectivas y mejores prácticas para pre- venir el terrorismo;
Pide a los Estados participantes de la OSCE que refuercen la cooperación interestatal en la pro- moción de los convenios y protocolos universales contra el terrorismo mediante un intercambio de conocimientos técnicos y encomienda al Secretario General que siga facilitando la cooperación interestatal, entre otros medios coordinando las ofertas y solicitudes de asistencia técnica entre los Estados participantes;
Encomienda al Secretario General y a las estructuras ejecutivas pertinentes de la OSCE que, den- tro de los recursos disponibles, sigan colaborando con la ONUDD para reforzar el régimen jurí- dico contra el terrorismo, promoviendo la aplicación de los instrumentos universales de la lucha contra el terrorismo, y que especialmente sigan reforzando y racionalizando el apoyo brindado al Programa de la ONUDD de Prevención del Terrorismo en relación con: • mayor sensibilización de los Estados participantes y asistencia para crear o consolidar su volun- tad política de adherirse a los convenios y protocolos universales contra el terrorismo; • prestación de asistencia técnica a los Estados participantes que la soliciten para redactar la legis- lación penal antiterrorista; • capacitación de funcionarios judiciales en materia de cooperación jurídica internacional en asun- tos penales relacionados con el terrorismo;
También alienta a los Estados participantes a que aporten voluntariamente fondos para proyectos extrapresupuestarios pertinentes en dichos ámbitos;
Invita a los Socios de la OSCE para la Cooperación a que apliquen voluntariamente los compro- misos de la OSCE relativos al marco jurídico internacional contra el terrorismo y a la cooperación en asuntos penales relacionados con el terrorismo.
Decisión Nº 5/09
Gestión de da migración
El Consejo Ministerial,
Recordando y reafirmando los compromisos de la OSCE relacionados con la migración, en parti- cular las disposiciones pertinentes del Acta Final de Helsinki 1975, la Decisión Nº 2/05 del Consejo Ministerial relativa a la Migración y la Declaración Ministerial sobre la Migración (MC.DOC/6/06),
Teniendo en cuenta el Documento Estratégico para la Dimensión Económica y Medioambiental aprobado por el Consejo Ministerial en Maastricht (2003) y recordando los documentos del Deci- motercer Foro Económico de la OSCE,
Tomando nota de las iniciativas y de la labor de la OSCE en el marco del Decimoséptimo Foro Eco- nómico y Medioambiental sobre “Gestión de la migración y sus vínculos con la política económica, social y medioambiental en beneficio de la estabilidad y la seguridad en la región de la OSCE”,
Reconociendo la creciente importancia y los beneficios que se derivan de una gestión eficaz de la migración para el desarrollo socioeconómico, la cohesión social, la seguridad y la estabilidad en todos los países, incluso los de origen, los de tránsito y los de destino, y reconociendo sin ambages los derechos humanos de los migrantes y de sus familiares,
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Subrayando la importancia de integrar las políticas de migración en estrategias económicas, socia- les, ambientales, de desarrollo y de seguridad, y enfocando la gestión de la migración de forma cooperativa, global y que afecte a todas las dimensiones,
Destacando la necesidad de facilitar la migración legal y de combatir la migración ilegal,
Teniendo presente que los Estados participantes de la OSCE tienen puntos de vista diferentes res- pecto de las cuestiones migratorias, y respetando sus experiencias y sus mejores prácticas,
Recalcando la necesidad de ahondar en el diálogo y en la cooperación a todos los niveles dentro de y entre todos los Estados, así como entre todos los interesados directos pertinentes, con inclusión de los agentes sociales, la comunidad empresarial, la sociedad civil y la académica, a fin de expo- ner las oportunidades y los retos que se presentan en una gestión global de la migración,
Confirmando que la cooperación, el diálogo y el intercambio de buenas prácticas e información sobre cuestiones de la gestión de la migración siguen siendo un importante componente del con- cepto global de seguridad de la OSCE de conformidad con sus mandatos y ateniéndose a las capa- cidades y recursos disponibles en las tres dimensiones,
1. Anima a los Estados participantes a que sigan ocupándose de la gestión de la migración: • Prestando especial atención a las causas primarias de la migración; • Velando por que sus prácticas de migración nacionales cumplan con sus respectivas obligacio- nes internacionales y con los compromisos de la OSCE; • Desarrollando y mejorando el cumplimiento de sus planes de acción y sus políticas nacionales de migración según proceda; • Mejorando la compilación de datos comparables sobre migración, con miras a facilitar el diá- logo y el intercambio de mejores prácticas en el plano de la OSCE; • Fomentando la cooperación y asociaciones entre los países de origen y los países de destino, facilitando para ello planes eficaces de migración legal, como por ejemplo la migración circular y otros programas de movilidad laboral voluntaria, en beneficio del desarrollo de los países de origen y de los países de destino; • Respetando los derechos humanos de los migrantes y aumentando los esfuerzos destinados a luchar contra la discriminación, la intolerancia y la enofobia respecto de los migrantes y sus familiares;
2. Anima a los Estados participantes a incorporar aspectos relativos al género en sus políticas de migración, refiriéndose para ello a sus recomendaciones plasmadas en la Guía sobre políticas de migración laboral con perspectiva de género, que ha preparado la OSCE;
3. Invita a los Estados participantes a que intensifiquen la gestión de la migración mediante la mejora de la coherencia normativa entre la migración y las políticas de seguridad y medioambien- tales, sociales y económicas, recurriendo para ello a la consulta, la asociación y la cooperación entre gobiernos en los planos bilateral, regional e interregional, según proceda;
4. Anima a los Estados participantes a que adopten las medidas necesarias para reducir al mínimo las consecuencias negativas de la crisis financiera y económica mundial para los migrantes, mediante la intensificación de la cooperación económica, la creación de condiciones que fomenten la inver- sión y el desarrollo comercial, y la facilitación del flujo de remesas;
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5. Encarga al Consejo Permanente, a sus órganos subsidiarios de carácter informal y a las estruc- turas ejecutivas de la OSCE, en conformidad con sus mandatos y ateniéndose a las capacidades y recursos disponibles en las distintas dimensiones, dentro del concepto global de seguridad de la OSCE, inter alia que: • Brinde una amplia plataforma regional para el diálogo sobre la migración y cuestiones de segu- ridad tanto entre los Estados participantes de la OSCE como entre los Estados participantes y Socios para la Cooperación, con la intervención de otros interesados directos pertinentes y en total conformidad con el Reglamento de la OSCE; • Siga trabajando acerca de los aspectos de género de la migración; • Preste asistencia a los Estados participantes que lo soliciten para que mejoren su legislación migra- toria y elaboren e introduzcan marcos eficaces de política nacional, brindándoles asesoramiento y capacitación, en cooperación con organizaciones internacionales y regionales pertinentes; • Contribuya a los esfuerzos internacionales encaminados a determinar las posibles consecuen- cias de la degradación medioambiental sobre las presiones migratorias, y que el cambio climá- tico puede aumentar, a fin de prepararse mejor en esa esfera; • Continúe prestando asistencia a los Estados participantes que lo soliciten, para promover una gestión eficaz de la migración que incluya el intercambio de prácticas idóneas, y para facilitar la migración legal y combatir la migración ilegal, sin dejar de prestar especial atención a la coope- ración bilateral y multilateral en ese campo.
Decisión Nº 7/09
Participación de la mujer en la vida pública y política
El Consejo Ministerial,
Recordando los compromisos asumidos en la OSCE para fomentar la igualdad entre hombres y mujeres, la no discriminación y la promoción de la igualdad de derechos de hombres y mujeres a participar en la vida pública y política,
Consciente de la escasa representación de la mujer que de forma continuada existe en el área de la OSCE, en las estructuras encargadas de la adopción de decisiones dentro del poder legislativo, del poder ejecutivo, incluidos los servicios de policía, y en la rama judicial,
Preocupado porque la discriminación generalizada de la mujer continúa impidiendo su participa- ción eficaz en todos los ámbitos de la vida pública y política,
Reconociendo que seguir sometiendo a examen los compromisos de la OSCE, también en los foros pertinentes de la OSCE, puede contribuir a desarrollar enfoques y medidas más efectivos a ese respecto,
Reafirmando que el ejercicio pleno y en igualdad de condiciones de los derechos humanos de la mujer resulta esencial para conseguir un área de la OSCE más pacífica, próspera y democrática,
Reafirmando el compromiso de los Estados participantes a aplicar activamente en todas las esfe- ras de la Organización el Plan de Acción 2004 de la OSCE para el Fomento de la Igualdad entre los Géneros, y recordando las Decisiones del Consejo Ministerial de Liubliana Nº 14/05 relativa a la mujer en la prevención de conflictos, la gestión de crisis y la rehabilitación posconflicto y Nº 15/05 relativa a prevenir y combatir la violencia contra la mujer,
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Recordando la resolución 1325 (2000) del Consejo de Seguridad de las Naciones Unidas, que pide una participación plena y en pie de igualdad de las mujeres en la adopción de decisiones relacio- nadas con la prevención de conflictos así como con la reconstrucción posconflicto, y subrayando la importancia de su participación e implicación plenas e igualitarias en todos los esfuerzos des- tinados al mantenimiento y la promoción de la paz y la seguridad,
Tomando nota de la resolución 1889 (2009) del Consejo de Seguridad de las Naciones Unidas, que insta a las organizaciones regionales e internacionales a que sigan adoptando medidas para mejo- rar la participación de la mujer en todas las etapas de los procesos de paz,
Observando que el 18 de diciembre de 2009 se cumplirá el 30º aniversario de la Convención sobre la eliminación de todas las formas de discriminación contra la mujer, cuyo objetivo es acabar con la discriminación de la mujer en la vida pública y política, y señalando que el 10 de diciembre se cumple el 10º aniversario de la apertura a la firma del Protocolo de dicha Convención,
Reconociendo la posibilidad de que la mujer tenga que afrontar obstáculos adicionales, además de los basados en cuestiones de género, en su participación en la vida pública y política,
Pide a los Estados participantes que:
1. Consideren la adopción de medidas específicas cuyo objetivo sea lograr un equilibrio entre los géneros en todos los órganos de los poderes legislativo, judicial y ejecutivo, incluidos servicios de seguridad como, por ejemplo, los servicios de policía;
2. Consideren posibles medidas de carácter legislativo que faciliten una participación más equili- brada entre hombres y mujeres en la vida pública y política, especialmente en lo que se refiere a la toma de decisiones;
3. Animen a todos los responsables políticos a que fomenten una participación igualitaria entre hom- bres y mujeres en el seno de los partidos políticos, con miras a conseguir una representación más equilibrada de los géneros para cargos públicos electivos, a todos los niveles de toma de decisiones;
4. Consideren la adopción de medidas para crear igualdad de oportunidades en los servicios de seguridad, incluidas las fuerzas armadas si procede, a fin de conseguir que la política de recluta- miento, permanencia y ascensos esté más equilibrada entre hombres y mujeres;
5. Desarrollen e introduzcan, cuando sea necesario, procesos participativos y abiertos que mejo- ren la implicación de hombres y mujeres en todas las fases de la elaboración de políticas, progra- mas y normativas;
6. Faciliten la contribución en pie de igualdad de hombres y mujeres a las iniciativas destinadas al fomento de la paz;
7. Tomen las medidas necesarias para establecer, cuando proceda, mecanismos nacionales efecti- vos con miras a evaluar la representación y participación igualitaria de la mujer;
8. Apoyen, cuando proceda, a organizaciones no gubernamentales y centros de investigación en la elaboración de estudios específicos e iniciativas de concienciación ciudadana, para identificar los desafíos concretos con que se enfrenta la participación de la mujer en la vida pública y política, así como para fomentar la igualdad de oportunidades entre hombres y mujeres;
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9. Fomenten el reparto del trabajo y las responsabilidades parentales entre hombres y mujeres, a fin de facilitar la igualdad de oportunidades para la mujer y su participación efectiva en la vida pública y política.
Decisión Nº 8/09
Intensificación de las iniciativas de la OSCE para velar por la integración sostenible de la población romaní y sinti
El Consejo Ministerial,
Reafirmando los compromisos asumidos en la OSCE en relación con la población romaní y sinti, incluidos los establecidos en el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE (2003),
Reconociendo que los Estados participantes han llevado a cabo esfuerzos con tal finalidad,
Señalando que se han conseguido escasos progresos en lo que se refiere a cerrar la significativa brecha que aún existe en diferentes ámbitos entre la población romaní y sinti y el conjunto de la sociedad,
Tomando nota del Informe de Situación 2008 de la OIDDH sobre la aplicación del Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE,
Haciendo hincapié en que se requiere una actuación firme para poder mejorar la situación de roma- níes y sinti en toda la región de la OSCE,
Convencido de que los Estados participantes deberían procurar que la población romaní y sinti asumiera la máxima implicación respecto de las políticas que les afectan, y que las comunidades romaní y sinti deberían asociarse y compartir la responsabilidad de la puesta en práctica de aque- llas políticas diseñadas para fomentar su integración,
Reconociendo las particulares dificultades a que se enfrentan los romaníes y sinti, y la necesidad de adoptar medidas eficaces a fin de erradicar la discriminación que padecen y velar por su inte- gración sostenible de conformidad con los compromisos de la OSCE,
Preocupado porque los romaníes y sinti pertenecen a comunidades que aún siguen sufriendo los efectos del racismo y la discriminación, y porque han aumentado los prejuicios y los casos de mani- festaciones violentas de intolerancia contra romaníes y sinti,
Tomando nota de que en tiempos de recesión económica mundial, la población romaní y sinti se encuentra entre los grupos especialmente susceptibles de convertirse en blanco de la hostilidad irracional y de la inculpación social,
Consciente de que las manifestaciones de intolerancia contra la población romaní y sinti no sólo pueden tener como resultado el aumento de su exclusión y marginación, sino que podrían poner en peligro también la cohesión social y la coexistencia pacífica del conjunto de la sociedad,
Reconociendo que la Decisión Nº 6/08/Corr.1 del Consejo Ministerial relativa al refuerzo de las iniciativas de la OSCE para aplicar el Plan de Acción para mejorar la situación de la pobla- ción romaní y sinti en el área de la OSCE, supuso un paso significativo con miras a garantizar la
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igualdad de acceso a la educación y para resaltar la importancia de los beneficios que entraña la escolarización temprana,
Tomando nota de la Reunión de Aplicación sobre Cuestiones de la Dimensión Humana 2009 y de la correspondiente sesión de trabajo para la que se seleccionó el tema específico de la escolariza- ción temprana de romaníes y sinti,
Subrayando la importancia de que las instituciones y estructuras pertinentes de la OSCE, en cum- plimiento de su mandato, apoyen la aplicación del Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE, y de que para ese fin haya una coordinación y coo- peración eficaces en el seno de la OSCE,
1. Pide a los Estados participantes que redoblen esfuerzos a fin de aplicar el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE y que promuevan el pro- ceso de integración sostenible de la población romaní y sinti;
2. Pide a los Estados participantes que continúen proporcionando información a la OIDDH sobre los progresos realizados en la aplicación del Plan de Acción para mejorar la situación de la pobla- ción romaní y sinti en el área de la OSCE;
3. Insta a los Estados participantes a que intensifiquen sus esfuerzos por promover la tolerancia y combatir los prejuicios contra la población romaní y sinti a fin de evitar que sigan siendo mar- ginados y excluidos, y que se ocupen del aumento de las manifestaciones de intolerancia violentas contra los romaníes y sinti, así como que condenen pública e inequívocamente cualquier acto de violencia dirigido contra los romaníes y sinti, y que tomen todas aquellas medidas que sean nece- sarias para velar por el acceso a remedios eficaces, en consonancia con sus procedimientos nacio- nales de conciliación y mediación, judiciales y administrativos, así como que velen por crear una coordinación a ese respecto entre las autoridades responsables en todos los ámbitos;
4. Pide a los Estados participantes que mejoren, de manera apropiada, la participación de la pobla- ción romaní y sinti en la elaboración, aplicación y evaluación de aquellas políticas que les incum- ban, y que fomenten el diálogo entre la población romaní y sinti y el conjunto de la sociedad a fin de aumentar la concienciación acerca del papel que pueden desempeñar la intolerancia y la discri- minación como elementos desestabilizadores de la seguridad, la estabilidad y la cohesión social;
5. Pide a los Estados participantes que, en colaboración con la población romaní y sinti, identifi- quen y examinen los desafíos que encierra la migración de romaníes y sinti en cuanto a la relevan- cia que puedan tener para su integración sostenible dentro del área de la OSCE;
6. Encomienda a la OIDDH que, en colaboración y coordinación con el ACMN y el Represen- tante para la Libertad de los Medios de Comunicación, así como con otras estructuras ejecutivas pertinentes de la OSCE, de conformidad con sus mandatos y ateniéndose a los recursos dispo- nibles, continúe asistiendo a los Estados participantes para combatir los actos de discriminación y violencia contra los romaníes y sinti, atajar los estereotipos negativos sobre la población romaní y sinti en los medios informativos, teniendo en cuenta los compromisos pertinentes de la OSCE en relación con la libertad de los medios informativos, y aplicar plenamente los compromisos de la OSCE relativos en concreto a la puesta en práctica del Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE, así como abordar los desafíos vinculados con la integración satisfactoria y sostenible de la población romaní y sinti;
364 Atenas 2009
7. Alienta a los Estados participantes a que aborden de forma global la cuestión de la escolarización temprana de los romaníes y sinti, poniendo especial atención en velar por la igualdad de acceso a la educación y por la integración de la población romaní y sinti en el sistema educativo ordinario;
8. Encomienda a la OIDDH que, en consulta con los Estados participantes y en estrecha colabora- ción con otras instituciones pertinentes de la OSCE y de conformidad con sus mandatos, desarro- lle y ejecute proyectos relacionados con la cuestión de la escolarización temprana de los romaníes y sinti, tales como proyectos destinados a la formación del profesorado y a la lucha contra el absen- tismo escolar;
9. Alienta a las instituciones pertinentes de la OSCE a que fortalezcan su cooperación y coordina- ción con otros agentes internacionales que también se ocupen de esa cuestión, como el Consejo de Europa y la Unión Europea, cuando proceda, así como con los agentes de la sociedad civil encar- gados de los asuntos relacionados con la población romaní y sinti;
10. Solicita al Director de la OIDDH que mantenga informados a los Estados participantes acerca de la labor de asistencia que lleva a cabo la OIDDH en favor de dichos Estados en lo que concierne al fomento de la integración sostenible de la población romaní y sinti, en el marco de las informa- ciones periódicas que transmite al Consejo Permanente.
Decisión Nº 9/09
Lucha contra los delitos motivados por el odio
El Consejo Ministerial,
Reafirmando que el respeto de los derechos humanos y las libertades fundamentales, la democracia y el Estado de derecho son parte del núcleo del concepto integral de seguridad de la OSCE, y que la tolerancia y la no discriminación son elementos importantes en la promoción de los derechos humanos y los valores democráticos,
Reafirmando asimismo que las manifestaciones de discriminación e intolerancia constituyen una amenaza a la seguridad de las personas y a la cohesión de la sociedad, y reiterando que pueden causar conflictos y violencia generalizados,
Preocupado ante los delitos motivados por el odio en toda la región de la OSCE, y reconociendo que es necesaria la cooperación para luchar contra tales delitos de manera eficaz, y tomando nota del informe de la OIDDH titulado “Delitos motivados por el odio en la región de la OSCE: inci- dentes y respuestas”, elaborado a instancias de los Estados participantes,
Subrayando que la responsabilidad principal de hacer frente a los actos de intolerancia y discrimi- nación recae en los Estados participantes, incluidos sus representantes políticos,
Reconociendo que los delitos motivados por el odio son delitos de índole penal perpetrados por razones de parcialidad,
Tomando nota de la Estrategia global de las Naciones Unidas contra el terrorismo, adoptada el 8 de septiembre de 2006 por la Asamblea General de las Naciones Unidas, que presenta un enfoque integral mundial para luchar contra el terrorismo abordando no sólo sus manifestaciones sino también las condiciones que favorecen su propagación, y reconociendo la influencia que pueden
365 Atenas 2009
tener los delitos motivados por el odio, la discriminación y la intolerancia en la agudización del extremismo violento y de la radicalización que conducen al terrorismo,
Reconociendo que es necesario disponer de datos más coherentes, completos y cotejables en cuanto a los delitos motivados por el odio, como se hace resaltar en el informe de la OIDDH entre otros,
Acogiendo con beneplácito la labor realizada por la OIDDH al prestar asistencia a Estados parti- cipantes que la han solicitado, en sus esfuerzos por afrontar delitos motivados por el odio,
Tomando nota de la Reunión Suplementaria sobre la Dimensión Humana 2009 sobre delitos moti- vados por el odio: aplicación efectiva de las leyes, así como también de la segunda reunión anual de los enlaces nacionales para combatir los delitos motivados por el odio,
Reconociendo que el declive económico mundial puede hacer que aumenten los incidentes a base de delitos motivados por el odio en el área de la OSCE,
Reconociendo asimismo que las víctimas de los delitos motivados por el odio pueden pertenecer a comunidades tanto minoritarias como mayoritarias,
Reconociendo también la labor de los tres Representantes Personales del Presidente en Ejercicio, que han respaldado la iniciativa general de la OSCE para luchar contra los delitos motivados por el odio y las manifestaciones violentas de intolerancia, de conformidad con sus mandatos,
Reconociendo igualmente la función instrumental que pueden desempeñar los representantes polí- ticos al asumir el liderazgo en la lucha contra la intolerancia y la discriminación y el fomento de la comprensión y el respeto mutuos,
Pide a los Estados participantes que:
1. Recaben, mantengan y hagan públicos datos fidedignos y estadísticos lo suficientemente detalla- dos acerca de delitos motivados por el odio y manifestaciones violentas de intolerancia, incluido el número de casos notificados a los organismos encargados de la aplicación coercitiva de la ley, el número de juicios incoados y las sentencias dictadas. En los casos en que las leyes de protección de datos limiten la posibilidad de recoger datos de las víctimas, los Estados han de estudiar la posi- bilidad de emplear métodos de recogida de datos conforme a tales leyes;
2. Si procede, promulguen leyes específicas y bien definidas para luchar contra los delitos moti- vados por el odio, que contemplen medidas punitivas efectivas que tengan en cuenta la gravedad de tales delitos;
3. Tomen las medidas adecuadas para alentar a las víctimas a que denuncien cualquier delito moti- vado por el odio, reconociendo que al no denunciarse todos los delitos motivados por el odio los Estados no pueden formular políticas eficientes. A ese respecto, han de estudiar, como medidas complementarias, métodos para facilitar una contribución de la sociedad civil a la lucha contra los delitos motivados por el odio;
4. Introduce or further develop professional training and capacity-building activities for law-en- forcement, prosecution and judicial officials dealing with hate crimes;
366 Atenas 2009
5. Introduzcan o sigan ampliando actividades de capacitación profesional y fomento de las capa- cidades para funcionarios policiales, fiscales y judiciales que se ocupen de los delitos motivados por el odio;
6. Investiguen en seguida los delitos motivados por el odio y velen por que las autoridades perti- nentes y los dirigentes políticos reconozcan y expresen su rechazo público de los motivos de las personas condenadas por delitos de odio;
7. Velen por la cooperación, si corresponde, entre los niveles nacional e internacional que incluya a los órganos internacionales correspondientes, así como entre las fuerzas policiales en la lucha contra la delincuencia organizada violenta motivada por el odio;
8. Lleven a cabo iniciativas de sensibilización y educación, especialmente de las autoridades encar- gadas de hacer cumplir la ley, orientadas a las comunidades y a los colectivos de la sociedad civil que prestan asistencia a víctimas de los delitos motivados por el odio;
9. Designen un enlace nacional para delitos motivados por el odio, si aún no lo han hecho, para que informe periódicamente a la OIDDH con estadísticas y datos fidedignos acerca de tales delitos;
10. Estudien la posibilidad de aprovechar los recursos desarrollados por la OIDDH en el ámbito de la educación, la capacitación y la sensibilización para asegurar un enfoque amplio a la hora de afrontar los delitos motivados por el odio;
11. Pide a los Estados participantes que estudien oportunidades de cooperar y abordar el recurso creciente a Internet para hacer apología de posturas que incitan a la violencia motivada por la par- cialidad, incluidos delitos motivados por el odio, y al mismo tiempo velen por que toda medida oportuna que se tome esté en consonancia con los compromisos de la OSCE, especialmente los relacionados con la libertad de expresión;
12. Encarga a la OIDDH que estudie, en consulta con los Estados participantes y en cooperación con las organizaciones internacionales y los socios pertinentes de la sociedad civil, el posible vín- culo entre la utilización de Internet y la violencia motivada por la parcialidad y los perjuicios que ello ocasiona, así como posibles medidas prácticas que se podrían tomar al respecto;
13. Invita al Director de la OIDDH a que mantenga informados a los Estados participantes acerca de la labor de asistencia de la OIDDH a dichos Estados en la lucha contra los delitos motivados por el odio en sus informes periódicos al Consejo Permanente.
Decisión Nº 11/09
Medidas de seguridad en los documentos de viaje: Directorio de claves públicas de la OACI
El Consejo Ministerial,
Recordando los compromisos de la OSCE en materia de lucha contra el terrorismo, en particular para mejorar la seguridad en los documentos de viaje según lo estipulado por el Plan de Acción de Bucarest para la Lucha contra el Terrorismo (MC(9).DEC/1/Corr.1), la Decisión del Consejo Minis- terial de Maastricht relativa a medidas de seguridad en los documentos de viaje (MC.DEC/7/03/ Corr.2), así como dos Decisiones del Consejo Ministerial de Sofía (MC.DEC/4/04) y Bruselas (MC. DEC/6/06) en las que se anima a utilizar en mayor medida la base de datos de INTERPOL para
367 Atenas 2009
documentos de viaje extraviados o robados, y reconociendo la importante contribución de la OSCE a la seguridad de los documentos de viaje,
Reafirmando su compromiso de aplicar medidas efectivas y enérgicas contra el terrorismo y de prevenir la circulación de personas o agrupaciones terroristas mediante controles efectivos en las fronteras como en la expedición de documentos de identidad y documentos de viaje, facilitando al mismo tiempo la circulación libre y segura de personas, de conformidad con los marcos jurí- dicos correspondientes,
Reconociendo la importancia de la comunicación transfronteriza para la cooperación internacio- nal en la lucha contra el terrorismo internacional, la delincuencia organizada y el tráfico en todas sus modalidades, y el valor añadido que brinda la OSCE al facilitar asistencia y proporcionar un marco de cooperación acerca de dichas cuestiones,
Tomando nota de la utilización a gran escala de los documentos electrónicos de lectura automa- tizada en los Estados participantes de la OSCE,
Reconociendo que es necesario capacitar a las autoridades nacionales para que puedan verificar efectivamente el carácter auténtico de los elementos de seguridad electrónica y los datos biomé- tricos almacenados en los documentos electrónicos de lectura automatizada como requisito pre- vio para verificar la identidad del portador de un documento electrónico de lectura automatizada sobre la base de los elementos y datos mencionados,
Tomando nota de la labor de la OACI al elaborar su Directorio de claves públicas para promo- ver un sistema de validación mundialmente interactivo para documentos electrónicos de lectura automatizada a fin de mejorar notablemente las medidas de seguridad fronteriza y, de esa manera, coadyuvar a la lucha contra el terrorismo y a la prevención de actividades transfronterizas ilícitas,
Tomando nota de la declaración hecha los días 29 y 30 de mayo de 2009 por los Ministros de Jus- ticia y del Interior de los países del G8, que respalda plenamente la participación de los Estados contratantes de la OACI en el Directorio de claves públicas de esa Organización y pide a todos los Estados que verifiquen la autenticidad de la información en los chips de los pasaportes electróni- cos y utilicen el Directorio de claves públicas de la OACI,
Tomando nota de que la OACI recomienda la práctica de que los Estados que expidan o tengan la intención de expedir pasaportes electrónicos o realizar controles automatizados de pasaportes electrónicos en los puestos de control fronterizo participen en el Directorio de claves públicas,
Hace un llamamiento a los Estados participantes para que estudien la posibilidad de participar en el Directorio de claves públicas de la OACI, dependiendo de los recursos financieros y adminis- trativos de que dispongan, para contribuir de ese modo a que los puestos de control fronterizos y otras autoridades nacionales pertinentes puedan validar las firmas digitales de los documentos electrónicos de lectura automatizada;
Alienta a los Estados participantes que tengan capacidad suficiente para hacerlo a que brinden asistencia financiera y técnica para la aplicación de esta medida a otros Estados participantes que lo soliciten;
Encomienda al Secretario General que organice con los recursos de que disponga, en coordinación con la Presidencia en Ejercicio y en cooperación con la OACI, un curso práctico de expertos de la
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OSCE que tendrá lugar en Viena en 2010 con miras a mejorar los conocimientos y facilitar la par- ticipación en el Directorio de la OACI y su utilización por los Estados participantes;
Alienta a los Socios para la Cooperación a que cumplan voluntariamente lo dispuesto en la presente decisión, así como en otros compromisos de la OSCE sobre la seguridad en los documentos de viaje.
369 Declaración conmemorativa de Astana Astana 2010
Hacia una comunidad de seguridad
1. Nosotros, los Jefes de Estado o de Gobierno de los 56 Estados participantes de la OSCE, nos hemos reunido en Astana, once años después de la última Cumbre de la OSCE, celebrada en Estam- bul, para renovar nuestro compromiso con la visión de una comunidad de seguridad euroatlántica y euroasiática libre, democrática, común e indivisible que se extiende desde Vancouver a Vladi- vostok, enraizada en principios mutuamente convenidos, compromisos compartidos y objetivos comunes. Cuando celebramos el 35º aniversario del Acta Final de Helsinki y el 20º aniversario de la Carta de París para una Nueva Europa, reafirmamos la importancia de los principios en los que se basa esta Organización y nuestro compromiso con ellos. Aunque hemos realizado muchos pro- gresos, también reconocemos que hay que hacer más para garantizar el pleno respeto y la aplicación de esos principios y compromisos básicos que hemos contraído en la dimensión político-militar, la dimensión económica y medioambiental y la dimensión humana, especialmente en las esferas de los derechos humanos y las libertades fundamentales.
2. Reafirmamos nuestra plena adhesión a la Carta de las Naciones Unidas y a todas las normas, principios y compromisos de la OSCE, como el Acta Final de Helsinki, la Carta de París, la Carta sobre la Seguridad Europea y todos los demás documentos de la OSCE que hemos aceptado, así como nuestra responsabilidad de aplicarlos íntegramente y de buena fe. Reiteramos nuestro com- promiso con el concepto, que se inició en el Acta Final, de una seguridad integral, cooperativa, igual e indivisible, que relaciona el mantenimiento de la paz con el respeto de los derechos huma- nos y las libertades fundamentales y vincula la cooperación económica y medioambiental con las relaciones pacíficas entre los Estados.
3. Reafirmamos asimismo que todos los principios y compromisos de la OSCE, sin excepción, se aplican por igual a cada uno de los Estados participantes, y ponemos de relieve que debemos ren- dir cuentas a nuestros ciudadanos y ser responsables los unos ante los otros de su plena aplicación. Estimamos que esos compromisos son nuestro logro común y, por tanto, consideramos que son asuntos de preocupación inmediata y legítima para todos los Estados participantes.
4. Esas normas, principios y compromisos nos han permitido realizar progresos para dejar atrás viejos enfrentamientos y acercarnos a la democracia, la paz y la unidad en toda el área de la OSCE. Deben seguir guiándonos en el siglo XXI al trabajar juntos para que la visión ambiciosa de Hel- sinki y París sea una realidad para todos nuestros pueblos. En esos documentos de la OSCE, y en todos los demás, se establecen normas claras para los Estados participantes en su trato mutuo y con todas las personas en sus territorios. Resueltos a seguir construyendo sobre estos firmes cimien- tos, reafirmamos nuestro compromiso de fortalecer la seguridad, la confianza y las relaciones de buena vecindad entre nuestros Estados y pueblos. A este respecto, estamos convencidos de que el papel de la OSCE sigue siendo fundamental y debería potenciarse aún más. Seguiremos trabajando para fortalecer la eficacia y la eficiencia de la OSCE.
370 Astana 2010
5. Reconocemos que la OSCE, al ser la organización de seguridad regional más incluyente y amplia en el área euroatlántica y euroasiática, sigue constituyendo un foro único en su género, que fun- ciona con arreglo al consenso y a la igualdad soberana de los Estados, para promover el diálogo abierto, prevenir y solucionar los conflictos, consolidar la comprensión mutua y fomentar la coope- ración. Destacamos la importancia de la labor llevada a cabo por la Secretaría de la OSCE, el Alto Comisionado para las Minorías Nacionales, la Oficina de Instituciones Democráticas y Derechos Humanos y la Representante para la Libertad de los Medios de Comunicación, así como las ope- raciones de la OSCE sobre el terreno, de conformidad con sus mandatos respectivos, para ayudar a los Estados participantes a aplicar sus compromisos en el marco de la OSCE. Tenemos la deter- minación de intensificar la cooperación con la Asamblea Parlamentaria de la OSCE, y alentamos sus esfuerzos por promover la seguridad, la democracia y la prosperidad en toda el área de la OSCE y en sus Estados participantes.
6. El enfoque integral y cooperativo que adopta la OSCE en materia de seguridad, en el que se abor- dan la dimensión humana, la económica y medioambiental, la política y la militar como un todo, sigue siendo indispensable. Convencidos de que la dignidad inherente de la persona es la esencia de la seguridad integral, reiteramos que los derechos humanos y las libertades fundamentales son inalienables, y que su protección y promoción son nuestra primera responsabilidad. Reafirma- mos categórica e irrevocablemente que los compromisos contraídos en la esfera de la dimensión humana son asuntos de preocupación directa y legítima para todos los Estados participantes y no pertenecen exclusivamente a la esfera de los asuntos internos del Estado de que se trate. Valora- mos el importante papel que la sociedad civil y los medios informativos libres desempeñan para ayudarnos a garantizar el pleno respeto de los derechos humanos, las libertades fundamentales, la democracia, incluidas las elecciones libres e imparciales, y el Estado de derecho.
7. Siguen existiendo amenazas y desafíos graves. Es menester superar la desconfianza y los diferen- tes puntos de vista sobre la seguridad. Es preciso que nuestros compromisos en las dimensiones político-militar, económica y medioambiental y humana se cumplan en su integridad. El respeto de los derechos humanos, las libertades fundamentales, la democracia y el Estado de derecho debe salvaguardarse y reforzarse. Hay que esforzarse más por promover la libertad de religión o de creen- cias y combatir la intolerancia y la discriminación. (…)
9. Al mismo tiempo, en el mundo complejo e interconectado de hoy en día, debemos lograr una mayor unidad en torno a los fines y a las acciones para hacer frente a las amenazas transnacio- nales emergentes, como el terrorismo, la delincuencia organizada, la migración ilegal, la prolife- ración de las armas de destrucción masiva, las amenazas cibernéticas y el tráfico ilícito de armas pequeñas y armas ligeras y de drogas y la trata de personas. Esas amenazas pueden tener su ori- gen en nuestra región o fuera de ella.
10. Reconocemos que la seguridad del área de la OSCE está unida indisolublemente a la de las áreas adyacentes, sobre todo en el Mediterráneo y en Asia. Debemos por tanto mejorar el nivel de nues- tra interacción con nuestros Socios para la Cooperación. En particular, destacamos la necesidad de contribuir eficazmente, en función de la capacidad y del interés nacional de cada Estado par- ticipante, a la labor colectiva internacional por promover un Afganistán estable, independiente, próspero y democrático.
11. Acogemos con satisfacción las iniciativas encaminadas a fortalecer la seguridad europea. Nues- tro diálogo de seguridad, impulsado por el Proceso de Corfú, ha ayudado a definir con nitidez nuestro interés en estos y otros problemas a los que nos enfrentamos en las tres dimensiones. Ha llegado la hora de actuar, y debemos definir metas concretas y tangibles para hacer frente a esos
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retos. Estamos decididos a trabajar de consuno para hacer que la visión de una comunidad de segu- ridad integral, cooperativa e indivisible en toda nuestra área común de la OSCE sea plena reali- dad. Esa comunidad de seguridad debe orientarse a hacer frente a los retos del siglo XXI y basarse en nuestra total adhesión a las normas, principios y compromisos comunes de la OSCE en las tres dimensiones. Debe unir a todos los Estados participantes de la OSCE en la región euroatlántica y euroasiática, sin líneas divisorias, conflictos, esferas de influencia y zonas con distintos niveles de seguridad. Trabajaremos para asegurar que la cooperación entre nuestros Estados, así como entre las organizaciones e instituciones pertinentes de las que somos miembros, se guíen por los prin- cipios de la igualdad, la cooperación en régimen de asociación, la no exclusión y la transparencia. Sacando fuerza de nuestra diversidad, resolvemos alcanzar este objetivo general mediante la deter- minación sostenida y el esfuerzo común, actuando en el marco de la OSCE y en otros formatos. (…)
372 Documento de la Decimoctava Reunión del Consejo Ministerial Vilnius 2011
I. Declaraciones del Consejo Ministerial y otras declaraciones
Declaración ministerial sobre la lucha contra todas las formas de trata de seres humanos
I.
1. Nosotros, los miembros del Consejo Ministerial de la OSCE, declaramos nuestra firme e inque- brantable determinación de luchar contra la trata de seres humanos en todas sus formas.
2. Declaramos que la trata de seres humanos es un delito grave y atroz, que viola la dignidad humana y socava los derechos humanos y las libertades fundamentales, y que alienta el desarro- llo de redes delictivas organizadas.
3. Seguimos expresando nuestro firme compromiso respecto de la Declaración Universal de Dere- chos Humanos, que dice que: “Nadie estará sometido a esclavitud ni a servidumbre, la esclavitud y la trata de esclavos están prohibidas en todas sus formas ”.
4. Reiteramos el apoyo de los Estados participantes a la ratificación y la plena aplicación de la Con- vención de las Naciones Unidas contra la Delincuencia Organizada Transnacional, y su Protocolo para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños, como marco internacional para luchar contra la trata de personas. Además, subrayamos la importancia de la adopción por las Naciones Unidas del Plan de Acción Mundial contra la Trata de Personas (GA 64/293), que fomenta la mejora de la cooperación y la coordinación entre todos los principa- les interesados y promueve respuestas coordinadas, amplias y consistentes a nivel nacional, regio- nal e internacional, con el fin de combatir la trata de seres humanos, y acogemos con satisfacción los esfuerzos de la OSCE encaminados a su aplicación.
5. Reconocemos los progresos realizados hasta la fecha por los Estados participantes, tanto a nivel individual como colectivo, para hacer frente a ese delito atroz. Recordamos nuestra plena adhe- sión al compromiso de la OSCE de luchar contra la trata de seres humanos y nuestra firme resolu- ción de cumplir dicho compromiso mediante la adopción de un enfoque multidimensional, como ya ha sido enunciado en diversos documentos de la OSCE, (…).
6. Manifestamos nuestra profunda inquietud por el hecho de que, a pesar de las medidas sosteni- das que se han adoptado a nivel nacional, regional e internacional, la trata sigue siendo un grave problema, el número de víctimas que han sido identificadas y a las que se ha prestado ayuda sigue siendo relativamente bajo, y pocos traficantes han sido llevados ante los tribunales. Nos preocupa mucho que la trata de seres humanos con fines de extracción de órganos, de explotación sexual y de explotación laboral, incluida la servidumbre doméstica, sigue siendo también un grave problema.
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7. Reconocemos y apreciamos el destacado papel desempeñado por la Representante Especial y Coor- dinadora de la Lucha contra la Trata de Personas a la hora de prestar ayuda a los Estados partici- pantes que la han solicitado, para el cumplimiento de los compromisos de la OSCE en ese ámbito. Valoramos la estrecha cooperación y la coordinación de la Representante Especial con las estruc- turas ejecutivas de la OSCE, con pleno respeto a sus mandatos, especialmente con la OCAEM; con la Sección de equiparación de géneros; con la OIDDH, especialmente con la Dependencia del Programa de lucha contra la trata y con el Punto de Contacto para las cuestiones de romaníes y sinti; así como con el Representante Especial del Presidente en Ejercicio para las cuestiones de género y, cuando procede, con las operaciones de la OSCE sobre el terreno. Recordando el espí- ritu de la Declaración Conmemorativa de Astana, valoramos la cooperación con los parlamenta- rios de los Estados participantes en la lucha contra la trata. En particular, elogiamos los recientes esfuerzos realizados por la OSCE para poner de relieve el problema de la trata con fines de explo- tación laboral, incluida la servidumbre doméstica, así como el de la trata de niños y de personas para la extracción de órganos.
8. Fomentamos y respaldamos la cooperación multidisciplinar, la formación intersectorial y las asociaciones multilaterales. Elogiamos las iniciativas emprendidas por la Representante Especial de la OSCE bajo los auspicios de la Alianza contra la Trata de Personas y tomamos nota de la Con- ferencia 2010 de la Alianza sobre el tema (…).
II.
9. Reconocemos que es necesario mejorar las respuestas de la justicia penal a la trata de seres huma- nos, incluido el enjuiciamiento de los traficantes y de sus cómplices, asegurando al mismo tiempo que a las víctimas se les dispensa un trato respetuoso con sus derechos humanos y se les facilita acceso a la justicia, a la asistencia letrada, a remedios eficaces y a otros servicios, según proceda. Estudiaremos técnicas de investigación, como por ejemplo investigaciones financieras, mejoras del intercambio de información relacionada con los grupos delictivos organizados, y promoción de la aplicación de la ley y de la colaboración judicial transfronterizas, con el fin de identificar de forma efectiva tanto a los traficantes como a las víctimas de la trata.
10. Reconocemos también que hay que adoptar medidas adecuadas para que, cuando proceda, no se penalice a las víctimas de la trata por su participación en actividades ilícitas, siempre que hayan sido obligadas a ello. Instamos a los Estados participantes a que apliquen medidas amplias y ade- cuadas para la asistencia a las víctimas de la trata.
11. Redoblaremos los esfuerzos para identificar y prestar asistencia a las víctimas de la trata, teniendo en cuenta especialmente a los grupos vulnerables. Cuando sea del caso, fomentaremos campañas de concienciación dirigidas a las personas susceptibles de ser víctimas de la trata, en las que se aborden los factores sociales, económicos, políticos, culturales y de otro tipo que contribu- yen a aumentar el riesgo de ser víctimas de la trata. Incrementaremos y respaldaremos las tareas de prevención, centrándonos en la demanda que fomenta todas las formas de trata y en los bienes y servicios obtenidos de la trata de personas.
12. Somos conscientes del importante papel que desempeñan las organizaciones de la sociedad civil, en cuanto a proporcionar ayuda y habilitar a las víctimas de la trata.
13. Reconocemos la necesidad de fortalecer los sistemas de protección de la infancia, con el fin de ser eficaces a la hora de prevenir, identificar y dar respuesta a la trata de niños en todas sus formas, así como de facilitar la asistencia adecuada y la protección del interés superior de los niños que han sido víctimas de la trata o que corran peligro de serlo, especialmente mediante la prestación de los
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servicios adecuados y la adopción de medidas para su bienestar físico y psicológico, así como para su educación, rehabilitación y reintegración.
14. Somos conscientes de que, a fin de prevenir eficazmente la trata de seres humanos con fines de explotación laboral, se han de respetar los derechos laborales. Recomendamos que se elaboren y se apliquen medidas para mejorar las prácticas laborales y promover la aplicación efectiva de los derechos laborales internacionalmente reconocidos, mediante inspecciones de trabajo, supervi- sión de las agencias de empleo privadas y desarrollo de programas para ayudar a los trabajadores a ejercer sus derechos laborales.
15. Alentamos a los Estados participantes a que colaboren con el sector empresarial en la aplica- ción de los principios de debida diligencia y transparencia a la hora de evaluar y combatir los ries- gos de explotación mediante las cadenas de suministro y de asegurar que los trabajadores tienen acceso a mecanismos para reparar y poner remedio a las prácticas abusivas. Alentamos la divul- gación y la aplicación de los Principios Rectores de las Naciones Unidas para las Empresas y los Derechos Humanos, recientemente adoptados. Del mismo modo, alentamos también a los gobier- nos a que estudien la posibilidad de incorporar normas similares, incluidas políticas de “toleran- cia cero”, en las adquisiciones gubernamentales de bienes y servicios.
III.
16. Hacemos hincapié en que la OSCE puede ser una plataforma sumamente valiosa para el diá- logo y la mejora de la cooperación entre los Estados participantes, a fin de dar respuesta amplia a la trata de seres humanos en todas sus formas. Teniendo en cuenta esto, reafirmamos nuestra decisión de cumplir los compromisos de la OSCE, incluido el Plan de Acción contra la trata de personas, de utilizar al máximo las estructuras pertinentes de la OSCE y de reforzar la asociación de la OSCE con otras organizaciones internacionales y regionales, así como con la sociedad civil.
II. Decisiones del Consejo Ministerial
Decisión Nº 5/11
Socios para la cooperación
El Consejo Ministerial,
Recordando el Acta Final de Helsinki de 1975, en la que se reconoce la estrecha relación que existe entre la paz y la seguridad en Europa y en todo el mundo,
Recordando también la Estrategia de la OSCE frente a las amenazas contra la seguridad y la estabi- lidad en el siglo XXI, adoptada en 2003 durante la Undécima Reunión del Consejo Ministerial en Maastricht, en la que se declara que la OSCE deberá intensificar su colaboración, particularmente con sus Socios para la Cooperación de Asia y del Mediterráneo, en orden a la pronta identifica- ción de todo punto de común inquietud o interés y de toda posibilidad para actuar coordinada- mente al respecto,
Plenamente convencido de que la seguridad en el área de la OSCE está unida indisolublemente a la de las regiones de los Socios para la Cooperación, y reafirmando nuestro compromiso de intensifi- car el diálogo y la cooperación con los Socios mediterráneos y asiáticos para la Cooperación, y de
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reforzar nuestra capacidad de dar respuesta a las necesidades y prioridades identificadas por los Socios, sobre la base de las normas, los principios y los compromisos de la OSCE,
Reconociendo los procesos de transición democrática y los cambios políticos, económicos y socia- les que han tenido lugar en algunos Socios mediterráneos durante 2011,
Elogiando los procesos de reformas voluntarias llevados a cabo por algunos países Socios de la región del Mediterráneo,
Reconociendo la diversidad de cada país y su derecho a desarrollar un modelo político propio, observando valores universales tales como los derechos humanos y la dignidad,
Conviniendo en que la experiencia de la OSCE en diversos ámbitos puede resultar interesante y potencialmente beneficiosa para sus Socios, teniendo asimismo plenamente en cuenta que ellos son los principales responsables de elegir sus opciones políticas nacionales, así como su patrimo- nio específico político, social, cultural y religioso, y en consonancia con sus necesidades, objeti- vos y prioridades nacionales,
Reafirmando la disposición de la OSCE, a través de sus órganos ejecutivos, dentro de sus respecti- vos mandatos, de conformidad con los procedimientos establecidos y cuando se le solicite, a brin- dar asistencia a los Socios para la Cooperación, cuando proceda, en la aplicación voluntaria de las normas, principios y compromisos de la OSCE,
Reconociendo el importante papel que desempeña la sociedad civil en los países Socios para la Cooperación, en cuanto al fomento de la democracia, el Estado de derecho, y el pleno respeto de los derechos humanos y las libertades fundamentales,
Acogiendo con satisfacción los progresos realizados en los últimos años mediante el diálogo y la cooperación con nuestros Socios mediterráneos y asiáticos para la Cooperación, incluida su par- ticipación más activa en las reuniones y actividades de la OSCE, incluso en la puesta en práctica de proyectos conjuntos,
Recordando la Decisión Nº 571 del Consejo Permanente relativa a intensificar el diálogo y la coo- peración con los Socios para la Cooperación y explorar posibilidades para compartir con otros las normas, los principios y los compromisos de la OSCE, y la Decisión Nº 17/04 del Consejo Minis- terial relativa a la OSCE y sus Socios para la Cooperación, así como la Declaración Ministerial de Madrid sobre los Socios de la OSCE para la Cooperación,
Recordando asimismo la Declaración Conmemorativa de Astana (2010), en la que se subraya la importancia de mejorar el nivel de interacción con los Socios para la Cooperación,
Reiterando nuestro apoyo a la cooperación de la Asamblea Parlamentaria de la OSCE con los Socios, que incluye también la celebración del Foro Parlamentario anual sobre la región del Mediterráneo, y tomando nota de la labor realizada por la Asamblea Parlamentaria de la OSCE a ese respecto,
Reitera su disposición a considerar toda solicitud de asociación que en el futuro puedan presentar países interesados, de conformidad con la Decisión Nº 430 del Consejo Permanente, de 19 de julio de 2001. Reconociendo el importante papel que desempeña la sociedad civil en los países Socios para la Cooperación, en cuanto al fomento de la democracia, el Estado de derecho, y el pleno res- peto de los derechos humanos y las libertades fundamentales,
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Acogiendo con satisfacción los progresos realizados en los últimos años mediante el diálogo y la cooperación con nuestros Socios mediterráneos y asiáticos para la Cooperación, incluida su par- ticipación más activa en las reuniones y actividades de la OSCE, incluso en la puesta en práctica de proyectos conjuntos,
Recordando la Decisión Nº 571 del Consejo Permanente relativa a intensificar el diálogo y la coo- peración con los Socios para la Cooperación y explorar posibilidades para compartir con otros las normas, los principios y los compromisos de la OSCE, y la Decisión Nº 17/04 del Consejo Minis- terial relativa a la OSCE y sus Socios para la Cooperación, así como la Declaración Ministerial de Madrid sobre los Socios de la OSCE para la Cooperación,
Recordando asimismo la Declaración Conmemorativa de Astana (2010), en la que se subraya la importancia de mejorar el nivel de interacción con los Socios para la Cooperación,
Reiterando nuestro apoyo a la cooperación de la Asamblea Parlamentaria de la OSCE con los Socios, que incluye también la celebración del Foro Parlamentario anual sobre la región del Mediterráneo, y tomando nota de la labor realizada por la Asamblea Parlamentaria de la OSCE a ese respecto,
1. Decide seguir mejorando la Asociación para la Cooperación mediante la ampliación del diá- logo, intensificando las consultas políticas, fortaleciendo la cooperación práctica y manteniendo los intercambios de prácticas recomendables y experiencias adquiridas en el desarrollo de una segu- ridad integral, cooperativa e indivisible en las tres dimensiones de la OSCE, de conformidad con las necesidades y prioridades que identifiquen los Socios;
2. Alienta a los órganos ejecutivos de la OSCE, de conformidad con sus mandatos y los procedi- mientos establecidos, a colaborar con los Socios mediante una cooperación práctica en cada una de las tres dimensiones, teniendo también en cuenta las conferencias anuales de los Socios, facilitando asesoramiento de expertos e intercambio de información sobre prácticas recomendables y experien- cias, si así lo solicitan los Socios, basándose en decisiones pertinentes de la OSCE cuando sea nece- sario, e invita a los Socios a que aumenten su nivel de participación en las actividades de la OSCE;
3. Decide, en el contexto de la Asociación, redoblar esfuerzos con objeto de promover las normas, los principios y los compromisos de la OSCE mediante contactos para coordinarse con otras orga- nizaciones regionales e internacionales, en particular con las Naciones Unidas, sobre todo a tra- vés del intercambio de prácticas recomendables y experiencias, y mediante proyectos y actividades conjuntas en cada una de las tres dimensiones, según proceda;
4. Pide a la Presidencia de la OSCE y a los Grupos de Contacto, junto con el Secretario Gene- ral, que fortalezcan y sigan desarrollando el diálogo periódico de alto nivel con los Socios para la Cooperación, a fin de mejorar el entendimiento mutuo y velar por una asistencia y respaldo polí- ticos de alto nivel para los Socios para la Cooperación, en los que se tengan en cuenta sus necesi- dades y prioridades;
5. Pide a los órganos ejecutivos de la OSCE que, en el marco de sus mandatos, fomenten una mayor participación de funcionarios y representantes de la sociedad civil de los Socios para la Coopera- ción en las actividades pertinentes de la OSCE, y que se sirvan del Fondo de Asociación para ese fin, cuando proceda;
6. Encomienda al Secretario General que, en consulta con la Presidencia de la OSCE, examine vías de posible cooperación práctica y orientada a la consecución de resultados con los Socios, en coor- dinación con las Naciones Unidas y otras organizaciones e instituciones regionales e internacionales
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pertinentes, y que elabore propuestas, cuando proceda, para la adopción de nuevas medidas por el Consejo Permanente;
7. Solicita al Consejo Permanente que siga ocupándose de esta cuestión y considere posibles opcio- nes de cooperación futura con los Socios para la Cooperación, si así lo solicitan;
8. Alienta a los Estados participantes y a los Socios para la Cooperación a que intercambien infor- mación sobre sus experiencias y participen en las actividades de la OSCE en cada una de las tres dimensiones, también mediante contribuciones al Fondo de Asociación, cuando proceda, a fin de fomentar una mayor colaboración con los Socios para la Cooperación;
9. Reitera su disposición a considerar toda solicitud de asociación que en el futuro puedan pre- sentar países interesados, de conformidad con la Decisión Nº 430 del Consejo Permanente, de 19 de julio de 2001.
Decisión del Consejo Nº 10/11
Fomento de la igualdad de oportunidades para la mujer en el ámbito económico
El Consejo Ministerial,
Reafirmando el compromiso de los Estados participantes de aplicar plenamente la Decisión Nº 14/04 relativa al Plan de Acción de la OSCE para el Fomento de la Igualdad entre los Géneros, adoptada en la Decimosegunda Reunión del Consejo Ministerial en Sofía, en 2004, (…)
Reafirmando los compromisos, (…), con el fomento de la igualdad de derechos entre hombres y muje- res con objeto de alcanzar la igualdad de oportunidades y de participación en el ámbito económico,
Reconociendo que la participación de la mujer en el ámbito económico contribuye de manera significativa a la recuperación económica, al crecimiento sostenible y a la creación de sociedades cohesivas, por lo que resulta esencial para la seguridad y la estabilidad de la región de la OSCE.
Observando con preocupación las continuas desigualdades que deben afrontar las mujeres en la región de la OSCE en materia de participación en el mercado laboral, incluida la segregación labo- ral; disparidades en cuanto al acceso a la protección social, así como al empleo de calidad a tiempo completo; y la lentitud de los avances conseguidos por las iniciativas encaminadas a superar las diferencias salariales por un mismo trabajo, lo que tiene como resultado una reducción de ingre- sos y pensiones a lo largo de su vida y un aumento de la pobreza entre las mujeres,
Preocupado porque sigue siendo escasa la representación de la mujer en puestos de liderazgo eco- nómico y en los procesos decisorios tanto en el sector público como en el privado,
Preocupado asimismo por la persistencia de restricciones a la participación efectiva de la mujer en el ámbito económico, concretamente en relación con el acceso y el control de recursos econó- micos y financieros tales como la concesión de créditos y los derechos de propiedad y sucesión,
Reconociendo la necesidad de que se mejore la recopilación sistemática de información desglosada por sexos y de que se lleven a cabo estudios sobre la igualdad de oportunidades en el ámbito econó- mico, con objeto de disponer de una base para la planificación de políticas y medidas a ese respecto,
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Recordando la necesidad de acometer políticas económicas y sociales cuyo objetivo sea abordar las causas últimas de la trata de seres humanos, y concretamente eliminar la discriminación de la mujer en el mundo laboral y combatir aquellos factores económicos que incrementen la vulnera- bilidad de la mujer ante la trata,
Reconociendo la necesidad de seguir supervisando el cumplimiento de los compromisos existentes para eliminar la discriminación de la mujer y fomentar la igualdad de oportunidades en el ámbito económico, con el objetivo de identificar e intercambiar prácticas recomendables y de desarrollar enfoques eficaces, también en el seno de la Organización y sus estructuras ejecutivas, (…)
Reconociendo que, para participar en el ámbito económico, la mujer puede verse obligada a enfren- tarse con otro tipo de barreras además de aquellas propiamente basadas en el género,
Pide a los Estados participantes que:
1. Recopilen y analicen información a fin de identificar y combatir los obstáculos que impiden a las mujeres desarrollar todo su potencial en el ámbito económico y, cuando proceda y conforme a la legislación nacional, brinden su apoyo a organizaciones no gubernamentales y centros de investiga- ción para que realicen estudios específicos, en los que se incluyan también prácticas recomendables;
2. Evalúen la asignación de recursos presupuestarios para fomentar la igualdad de géneros en el ámbito económico y tomen medidas concretas para conseguir la igualdad de oportunidades para la participación de la mujer en el mundo económico y un acceso equitativo a la protección social, y para que se apoye el acceso de la mujer a un empleo de calidad así como a tiempo completo y/o autónomo;
3. Faciliten el desarrollo del espíritu emprendedor de la mujer y de otras capacidades relacionadas con el mundo laboral, e incorporen aspectos basados en el género, dirigidos específicamente a la mujer, en sus políticas migratorias con el objetivo de, entre otras cosas, combatir la trata de seres humanos y el riesgo de volver a ser víctimas de la trata;
4. Pongan en marcha o fortalezcan políticas y medidas jurídicas, incluidas medidas de acción positiva según proceda, mediante las que se facilite y proteja la igualdad de oportunidades para la participación de la mujer en el mercado laboral, también a través del desarrollo de centros de cui- dado de menores y guarderías;
5. Identifiquen medidas concretas destinadas a fomentar la igualdad de oportunidades para la mujer en el ámbito económico y, cuando proceda, establezcan mecanismos nacionales efectivos para la supervisión de los progresos conseguidos en este campo, como por ejemplo, la elimina- ción de las diferencias salariales;
6. Fomenten el reparto de las labores domésticas y de las responsabilidades parentales y de cuidado de otras personas, ampliando los plazos de baja por paternidad; promoviendo políticas y prácti- cas de empleo no discriminatorias y la igualdad de acceso a la educación y la formación; tomando medidas que faciliten la conciliación entre la vida familiar y laboral; y buscando la manera de velar por que toda política o programa de ajuste estructural no conlleve efectos adversos o discrimina- torios para la mujer;
7. Apoyen el desarrollo del entorno necesario para que se lleven a cabo con éxito la formulación y la aplicación de políticas, mediante información específica y actividades de concienciación relacionadas
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con los beneficios que conllevan las medidas adoptadas con el fin de fomentar la igualdad de opor- tunidades para la participación de la mujer en el ámbito económico y para combatir la exclusión social de la mujer y su discriminación;
8. Introduzcan medidas en el sector privado y participen en un diálogo conjunto a fin de brin- dar igualdad de oportunidades para la promoción profesional de la mujer y eliminar las diferen- cias salariales;
9. Desarrollen y fortalezcan medidas, hasta donde sea posible, que conlleven un aumento de la diversificación en aquellos sectores laborales que tradicionalmente han sido desempeñados por hombres o por mujeres;
10. Se alienta a los Socios para la Cooperación a que pongan en práctica a título voluntario las dis- posiciones de la presente decisión.
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Declaraciones del Consejo Ministerial y otras declaraciones
Declaración sobre el fortalecimiento de la buena gobernanza y la lucha contra la corrupción, el blanqueo de capitales y la financiación del terrorismo
Nosotros, los miembros del Consejo Ministerial de la Organización para la Seguridad y la Coope- ración en Europa, declaramos nuestro firme apoyo al fomento de la buena gobernanza y la trans- parencia en la zona de la OSCE.
Reconocemos que la Carta de las Naciones Unidas, el Acta Final de Helsinki y los documentos históricos posteriores de la OSCE contienen instrumentos, principios y compromisos comunes que los Estados participantes han de aplicar en su empeño por promover la buena gobernanza y la transparencia.
Reiteramos que la buena gobernanza en todos los niveles es indispensable para el crecimiento eco- nómico, la estabilidad política y la seguridad. La buena gobernanza y la gobernanza empresarial, el Estado de derecho y las instituciones consolidadas constituyen las bases esenciales para una eco- nomía sólida que permita a nuestros Estados reducir la pobreza y la desigualdad, potenciar la inte- gración social y las oportunidades para todos, atraer la inversión y proteger el medio ambiente.
Reafirmamos que la paz, las buenas relaciones internacionales, la seguridad y la estabilidad del Estado, y la seguridad y la protección de las personas dentro de un Estado sobre la base del impe- rio de la ley y el respeto de los derechos humanos, son decisivas para poder crear un entorno de confianza esencial para asegurar un desarrollo social y económico positivo.
La transparencia de los asuntos públicos es un requisito esencial para que los Estados asuman su responsabilidad y haya una participación activa de la sociedad civil y del sector privado en los pro- cesos económicos y de desarrollo. La transparencia aumenta el grado de previsibilidad y confianza en instituciones y economías que funcionan basándose en normas legislativas apropiadas y respe- tando plenamente el Estado de derecho.
Convenimos en que los problemas en materia de gobernanza, entre ellos la corrupción y el blan- queo de capitales, anulan la capacidad de los Estados participantes de velar de modo efectivo por un desarrollo sostenible social, económico y medioambiental, y socavan la cohesión social, la esta- bilidad y la seguridad. La gobernanza deficiente es uno de los factores que favorecen la propaga- ción del terrorismo. Por tanto, reafirmamos nuestra plena dedicación a luchar contra la corrupción y el blanqueo de capitales, la financiación del terrorismo y los delitos conexos, convirtiéndolos en prioridades políticas respaldadas por instrumentos legislativos apropiados, recursos financieros, humanos e institucionales suficientes y, si procede, por herramientas adecuadas para su ejecución práctica y efectiva.
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Reconocemos los progresos que han hecho hasta la fecha los Estados participantes de la OSCE, tanto a título individual como colectivo, al abordar tales amenazas y retos para la estabilidad y la seguridad.
Declaramos que los compromisos políticos de la OSCE relacionados con la buena gobernanza y la transparencia afectan a las tres dimensiones, y reiteramos nuestra plena dedicación a cumplir tales compromisos mediante un enfoque integral, tal y como se establece en el presente texto y en otros documentos pertinentes de la OSCE.
Reafirmamos nuestra disposición a trabajar en el plano nacional, con el apoyo de las instituciones internacionales pertinentes, para reforzar la buena gobernanza en todos sus aspectos, así como para elaborar métodos de cooperación para ayudarnos mutuamente a conseguir ese objetivo.
I. Buena gobernanza y transparencia
Consideramos que un sector público basado en la probidad, la apertura, la transparencia, la respon- sabilidad y el Estado de derecho es un factor principal para el crecimiento económico sostenible, y reconocemos que un sector público con esas características constituye un elemento importante para promover la confianza del ciudadano en las instituciones públicas y los gobiernos. Por tanto, subrayamos que es importante educar y formar a los funcionarios públicos en materia de conducta ética, elaborando y haciendo obligatorios códigos de conducta y normas legislativas pertinentes en materia de conflicto de intereses, así como adoptando y aplicando sistemas integrales de decla- ración de ingresos y de activos para dichos funcionarios. Concretamente, reconocemos que tanto la elaboración como la adhesión a códigos de conducta para las instituciones públicas son decisi- vas a la hora de reforzar la buena gobernanza, la integridad del sector público y el Estado de dere- cho, así como de establecer pautas éticas y de conducta estrictas para los funcionarios públicos.
Acogemos con agrado el apoyo que ya han facilitado la OSCE y sus instituciones sobre el terreno en ese sentido, y les pedimos que sigan brindando su valiosa asistencia a los Estados participantes que la soliciten, también a la hora de compartir entre ellos, a través de la plataforma de la OSCE para el diálogo, la experiencia nacional adquirida y las prácticas recomendadas.
Reconocemos que la buena gobernanza requiere un marco de políticas económicas, normas legis- lativas e instituciones en el que puedan prosperar las empresas y las inversiones. Por tanto, reafir- mamos que estamos decididos a disponer de marcos legislativos bien definidos que favorezcan el desarrollo empresarial, incluido el de las PYMES, que son clave para el crecimiento económico, así como el fomento de la inversión.
Reconocemos que no se puede tener éxito en la buena gobernanza y en la lucha contra la corrup- ción sin la participación plena y equitativa de hombres y mujeres en los procesos e instituciones políticos y económicos, tal y como se estipula en una serie de documentos de la OSCE. Subrayamos la importancia de habilitar a la mujer para que participe y contribuya activamente en las políticas y actividades relacionadas con una buena gobernanza que beneficiará por igual a hombres y mujeres.
Reconocemos que es importante adoptar y hacer que se cumplan leyes y otras medidas de lucha con- tra el cohecho, por ejemplo penalizando el soborno de funcionarios públicos nacionales y extranje- ros, y estableciendo asociaciones entre los sectores público y privado para luchar contra el soborno de los funcionarios públicos.
Reafirmamos que una gestión efectiva de los recursos públicos por parte de instituciones consoli- dadas y que funcionen debidamente, un funcionariado profesional y eficaz, y unos procedimientos
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sólidos tanto presupuestarios como de adquisiciones públicas son elementos importantes de la buena gobernanza.
Por tanto, reconocemos la importancia que tienen la apertura, la transparencia y la no discrimina- ción en la esfera de los bienes y servicios, a la hora de proporcionar una base financiera sólida para nuestros sistemas de administración pública, asegurando así la transparencia fiscal y presupuesta- ria y la adopción de sistemas de adquisiciones públicas justos y transparentes, (…),
II. La lucha contra la corrupción, el blanqueo de capitales y la financiación del terrorismo
Alentamos a aquellos Estados participantes que aún no lo hayan hecho a que se conviertan en Esta- dos Parte de la Convención de las Naciones Unidas contra la Corrupción (UNCAC) y la apliquen plenamente. Acogemos con agrado la asistencia de la OSCE destinada a su cumplimiento y enco- mendamos a la Secretaría de la OSCE, especialmente a la Oficina del Coordinador de las Activida- des Económicas y Medioambientales (OCAEM), que brinde su apoyo a los Estados participantes de la OSCE que lo soliciten, mediante, entre otras cosas, un despliegue de asistencia técnica.
Reconocemos que es preciso fomentar el cumplimiento de nuestros compromisos internacionales y nacionales de lucha contra la corrupción, entre otros medios incorporando en el proceso a la socie- dad civil y a la comunidad empresarial, si procede, así como la importancia de revisarlos periódi- camente, en el marco, entre otros, del Mecanismo de examen de la aplicación de la Convención de las Naciones Unidas contra la Corrupción, de conformidad con el mandato de dicho Mecanismo.
Acogemos con satisfacción que la OSCE, y especialmente la OCAEM, sigan ayudando a los Esta- dos participantes que lo soliciten a desarrollar o armonizar sus normas legislativas nacionales en materia de lucha contra la corrupción, en consonancia con sus compromisos internacionales, a velar por el cumplimiento efectivo práctico y obligatorio, mediante el intercambio de experien- cias y prácticas recomendadas en el plano regional, subregional y nacional, y a brindar asesora- miento y formación en cooperación con otras organizaciones pertinentes (…).
Reconocemos que la lucha contra la corrupción exige perspectivas estratégicas integrales y a largo plazo, así como instituciones consolidadas. Estamos convencidos de que los encargados de preve- nir, identificar, investigar, enjuiciar y dictar resoluciones judiciales ante delitos de corrupción no deben verse afectados por influencias indebidas. Sobre todo, destacamos la función central que desempeñan los órganos encargados de hacer cumplir las leyes y las instituciones judiciales a la hora de luchar contra la corrupción y garantizar el Estado de derecho. Reconocemos la impor- tancia capital de salvaguardar la independencia de la judicatura para que pueda desempeñar sus funciones y la necesidad de redoblar nuestros esfuerzos a ese respecto. Asimismo, reconocemos la importancia y la necesidad de velar por que tales instituciones dispongan de los recursos debidos.
También reconocemos la importancia fundamental de prevenir de modo efectivo las transferen- cias de las ganancias fruto del delito, el hurto, la malversación y todo otro desvío de fondos públi- cos, así como la recuperación de activos robados, en aras de la credibilidad de nuestras medidas anticorrupción y en pro del desarrollo económico. Reconocemos que la recuperación efectiva de activos requiere instituciones y marcos jurídicos adecuados, profesionales habilitados que dispon- gan de los conocimientos técnicos y los recursos necesarios, una cooperación nacional e interna- cional proactiva y rápida, sistemas conectados por redes y una voluntad política a toda prueba.
Por consiguiente, apoyamos las medidas orientadas a eliminar los obstáculos que dificultan la recuperación de activos, entre otros medios, mejorando la eficiencia de los procedimientos legales
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y evitando el abuso de tales procedimientos, reforzando las iniciativas para prevenir el blanqueo de capitales y fortaleciendo la cooperación internacional en materia de recuperación de activos. (…)
Reconocemos la importancia de brindar una protección suficiente a los denunciantes en el sec- tor público o privado, puesto que son clave para prevenir y detectar casos de corrupción, defen- diendo así los intereses públicos. Intensificaremos nuestros esfuerzos para tomar las medidas del caso a fin de crear y aplicar mecanismos jurídicos para la protección efectiva de los denunciantes y de sus familiares más cercanos para que no sufran represalias, intimidación u otro tipo de per- juicio sicológico o físico, o se les prive injustificadamente de la libertad o de medios de subsistencia.
Reconocemos que tales medidas son elementos necesarios de un régimen efectivo contra la corrup- ción.
Reconocemos que las operaciones del terrorismo internacional dependen de la financiación que puedan obtener los terroristas. Estimamos que la financiación del terrorismo es una cuestión muy preocupante para el conjunto de la comunidad internacional. Estamos convencidos de que urge reforzar la cooperación internacional entre los Estados a la hora de diseñar y adoptar medidas efec- tivas para prevenir la financiación del terrorismo, así como para eliminarla mediante el enjuicia- miento y la sanción de sus autores. (…)
III. La sociedad civil y el sector privado
Alentamos a la OSCE a que siga abogando por su enfoque integral de la seguridad y a que con- tinúe fortaleciendo el diálogo y la cooperación entre los gobiernos, la sociedad civil y el sector privado, a fin de apoyar los esfuerzos por conseguir una buena gobernanza en los Estados par- ticipantes, entre ellos los destinados a la lucha contra la corrupción, el blanqueo de capitales y la financiación del terrorismo.
Reconocemos que es importante incluir al sector privado en las iniciativas de lucha contra la corrup- ción y mejora de la buena gobernanza, así como conseguir su participación a fin de favorecer un entorno empresarial justo y transparente. Un compromiso de esa índole por parte de la comuni- dad empresarial es importante para mejorar la buena gobernanza, la transparencia, la estabilidad y la seguridad, tanto en el ámbito nacional como en el internacional. (…)
Alentamos a la comunidad empresarial a que tenga en cuenta en sus actividades las necesidades sociales, medioambientales, humanitarias y de seguridad de los Estados participantes.
Subrayamos la importancia de mejorar la contribución del mundo académico, la comunidad empre- sarial y la sociedad civil a fin de sensibilizar sobre los impedimentos para el crecimiento económico, entre ellos las barreras que impiden el acceso a los mercados o al comercio y las inversiones, así como sobre la necesidad de una mayor transparencia para fomentar un desarrollo económico sostenible.
Reconocemos que la libertad de información y de acceso a la información fomentan la apertura y la rendición de cuentas en la política y contratación públicas, y permiten a la sociedad civil, incluidos los medios informativos, contribuir a la prevención y la lucha contra la corrupción, la financiación del terrorismo y el blanqueo de capitales así como los delitos conexos. Reafirmamos nuestro com- promiso de hacer que nuestros gobiernos sean más transparentes, a través del desarrollo de pro- cesos e instituciones que proporcionen información oportuna, incluidas estadísticas fiables, con miras a promover un diálogo entre grupos bien informados y con capacidad de ofrecer respuestas.
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Defendemos el valor de la apertura en nuestro compromiso con los ciudadanos para mejorar los servicios, aumentar la integridad pública, gestionar los recursos públicos de manera eficaz, crear unas comunidades más seguras e incrementar la responsabilidad empresarial. (…)
IV. Trabajar juntos para el progreso
Reconocemos que la OSCE brinda un foro para el diálogo político, el intercambio de información y la cooperación en materia de buena gobernanza, así como una plataforma para fomentar el con- senso político y el entendimiento necesarios en relación con la importancia de prevenir y repri- mir la corrupción, el blanqueo de capitales y la financiación del terrorismo a todos los niveles para conseguir el desarrollo socioeconómico sostenible y la estabilidad. Reafirmamos nuestro compro- miso de cooperar en la elaboración de estrategias de buena gobernanza y de compartir nuestras experiencias en materia de prácticas recomendables.
Acogemos con satisfacción la estrecha cooperación que se ha establecido entre la OSCE y otras organizaciones e instituciones pertinentes, incluidas las Naciones Unidas, e instamos a las estruc- turas ejecutivas de la OSCE, en particular a la OCAEM, a que sigan desarrollando esta coopera- ción a fin de garantizar el valor añadido y la complementariedad de las actividades.
Reconocemos que las estructuras ejecutivas de la OSCE, incluidas las operaciones de la OSCE sobre el terreno, aportan una valiosa contribución a la labor general de la Organización en cuanto al fomento de la buena gobernanza, la transparencia y el Estado de derecho. Les pedimos que con- tinúen fomentando su cooperación y sigan coordinando sus esfuerzos para asistir a los Estados participantes, si así lo solicitan, en la puesta en práctica de las disposiciones que figuran en la pre- sente declaración.
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I. Declaraciones del Consejo Ministerial y otras declaraciones
Declaración Ministerial sobre el fortalecimiento de las iniciativas de la OSCE para afrontar las amenazas transnacionales
Nosotros, los miembros del Consejo Ministerial de la OSCE, reconociendo la naturaleza cambiante de las amenazas transnacionales en la región de la OSCE y fuera de la misma, y la necesidad de brindar respuestas colectivas y eficaces en el plano internacional que estén coordinadas y basadas en un enfoque interdimensional, (…),
Encomiamos las actividades llevadas a cabo por los Estados participantes de la OSCE destinadas a fortalecer la cooperación para afrontar los retos transnacionales en ámbitos tales como la lucha contra el terrorismo, la lucha contra la delincuencia organizada, la trata de personas, el tráfico de drogas ilícitas, las actividades relacionadas con la policía, y la seguridad y gestión de fronteras, así como el desarrollo de medidas de fomento de la confianza (MFC) (…) (…)
Alentamos a los Estados participantes y a las estructuras ejecutivas correspondientes de la OSCE a que, en el marco de sus mandatos y de los procedimientos establecidos, intensifiquen sus esfuerzos a fin de lograr una mayor unidad de sus objetivos y actividades destinados a afrontar las amenazas transnacionales actuales y emergentes, y a que sigan dialogando en esta esfera, concretamente en conferencias temáticas en el marco de toda la OSCE centradas en esta cuestión específica y orien- tadas a obtener resultados, que se celebren preferiblemente una vez al año, según proceda;
Invitamos a los Estados participantes de la OSCE, con el apoyo de las estructuras ejecutivas corres- pondientes de la OSCE cuando así lo requieran, a que amplíen la cooperación con las Naciones Unidas y con otras organizaciones internacionales y regionales pertinentes, basándose en la Plata- forma de la OSCE para la Seguridad Cooperativa de 1999 y contando con los Socios mediterráneos y asiáticos de la OSCE para la Cooperación, a fin de seguir reforzando la capacidad de la OSCE para luchar contra las amenazas transnacionales, especialmente con la participación de la sociedad civil.
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II. Decisiones del Consejo Ministerial
Decisión Nº 3/13
Libertad de Pensamiento, Conciencia, Religión o Creencia
El Consejo Ministerial,
Reafirmando las decisiones anteriores de la CSCE/OSCE relativas a la libertad de pensamiento, conciencia, religión o creencia, (…), (…)
Comprometido a garantizar el respeto y el disfrute de la libertad de pensamiento, conciencia, reli- gión o creencia para todas las personas,
Poniendo de relieve que toda persona tiene derecho a la libertad de pensamiento, de conciencia, de religión o de creencia, incluida la libertad de tener o adoptar la religión o creencia que uno escoja, de no tener o no profesar ninguna religión, cambiar de religión o de creencia, así como la libertad de manifestar la religión o creencia propia, individual o colectivamente, tanto en público como en privado, a través de la enseñanza, la práctica, el culto y la observancia. La libertad de manifestar la religión o creencia propia estará sujeta solamente a las limitaciones establecidas por la ley y que sean conformes con las normas internacionales,
Reafirmando los compromisos contraídos por los Estados participantes de respetar, proteger y garantizar el derecho de toda persona a la libertad de pensamiento, conciencia, religión o creencia,
Poniendo de relieve la relación existente entre la seguridad y el pleno respeto de la libertad de pen- samiento, conciencia, religión o creencia,
Profundamente preocupado por los actos continuados de intolerancia y violencia dirigidos contra personas y comunidades religiosas o de creencias en todo el mundo por motivos de pensamiento, conciencia, religión o creencia,
Haciendo hincapié en que la libertad de pensamiento, conciencia, religión o creencia, y todos los demás derechos humanos y libertades fundamentales son interdependientes, están relacionados entre sí y se refuerzan mutuamente,
Subrayando la importancia de promover un clima de tolerancia y respeto mutuos entre los creyen- tes de diferentes comunidades, así como entre creyentes y no creyentes,
Pide a los Estados participantes que:
Cumplan plenamente los compromisos de la OSCE relativos a la libertad de pensamiento, con- ciencia, religión o creencia;
Cumplan plenamente sus compromisos a fin de garantizar el derecho de todas las personas a pro- fesar y practicar su religión o creencia, tanto individual como colectivamente, en público y en privado, y a manifestar su religión o creencia a través de la enseñanza, la práctica, el culto y la observancia mediante, entre otras medidas, leyes, normativas, prácticas y políticas transparentes y no discriminatorias;
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Se abstengan de imponer limitaciones que no sean conformes a los compromisos de la OSCE y las obligaciones internacionales relativas a la práctica de una religión o creencia por parte de perso- nas o comunidades religiosas;
Promuevan y faciliten la asociación y el diálogo abierto y transparente interconfesional e interre- ligioso;
Traten de prevenir la intolerancia, la violencia y la discriminación por motivos de religión o creen- cia, en particular contra cristianos, judíos, musulmanes y miembros de otras religiones, así como contra no creyentes; condenen la violencia y la discriminación por razones religiosas, y se esfuer- cen por brindar prevención y protección frente a ataques dirigidos contra personas o grupos de personas por motivos de pensamiento, conciencia, religión o creencia;
Alienten a que se incluya de manera oportuna a las comunidades religiosas y de creencias en los debates públicos sobre iniciativas legislativas pertinentes;
Fomenten el diálogo entre las comunidades religiosas o de creencias y los órganos gubernamen- tales, concretamente en asuntos relacionados con el uso de los lugares de culto y bienes de titula- ridad religiosa, cuando sea necesario;
Tomen medidas efectivas para prevenir y eliminar la discriminación por motivos de religión o creencia contra personas o comunidades religiosas o de creencias, así como contra no creyentes, por parte de funcionarios públicos en el ejercicio de sus obligaciones públicas;
Adopten políticas que promuevan el respeto y la protección de los lugares de culto y de centros reli- giosos, monumentos religiosos, cementerios y santuarios, contra actos de vandalismo y destrucción.
Decisión N o 4/13
Refuerzo de las iniciativas de la OSCE destinadas a aplicar el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE, centrado especialmente en las mujeres, los jóvenes y los niños romaníes y sinti.
El Consejo Ministerial,
Reafirmando los compromisos de la OSCE en relación con los romaníes y sinti, (…), (…)
Reconociendo que en el área de la OSCE se han llevado a cabo diversas iniciativas con el fin de mejorar la situación de los romaníes y sinti, tales como la elaboración y aplicación de planes de acción y estrategias nacionales, o la creación de políticas y programas específicos, y que la aplica- ción de dichas iniciativas en el ámbito local es un elemento esencial para que estas den sus frutos,
Tomando nota de las conclusiones y las recomendaciones de actuación prioritaria que figuran en el segundo informe de situación de la OIDDH sobre la aplicación del Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE, publicado en 2013, (…)
Preocupado por el hecho de que los romaníes y sinti siguen siendo víctimas del racismo y de la violencia motivada por prejuicios raciales en el área de la OSCE,
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Observando, en este contexto, la particular vulnerabilidad de las mujeres y niñas romaníes y sinti ante múltiples formas de discriminación, así como de violencia y acoso,
Reconociendo que la educación es fundamental para brindar mejores oportunidades a los roma- níes y sinti a fin de que puedan participar en pie de igualdad en la vida social, política, econó- mica y cultural, especialmente en lo que se refiere a las mujeres, los jóvenes y los niños romaníes y sinti, y sobre todo a las niñas, así como para ejercer sus derechos y fomentar su plena integración,
Convencido de que los Estados participantes deberían hacer lo posible por brindar a los romaníes y sinti la oportunidad de contribuir en aquellas políticas que les conciernen, y que los romaníes y sinti deberían participar y compartir responsabilidades en la aplicación de dichas políticas dise- ñadas para fomentar y facilitar su integración,
Reconociendo que los derechos de las mujeres romaníes y sinti, y que la igualdad entre hombres y mujeres, en particular, requieren apoyo y promoción a través de las instituciones estatales y la aplicación de políticas, y deben contar con la participación activa de la mujer romaní y sinti,
Considerando que los jóvenes y los niños romaníes y sinti serán en el futuro los primeros intere- sados en que se promueva la inclusión de la población y las comunidades romaníes y sinti, y en que se fomente su plena participación en la vida social, cívica, política, económica y cultural de las sociedades en las que viven,
Pide a los Estados participantes que:
1. Redoblen sus esfuerzos por aplicar el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE, entre otras cosas, mediante una mejor supervisión y evalua- ción de las estrategias, políticas y medidas relacionadas con la integración de los romaníes y sinti;
2. Impidan que se continúe marginando y excluyendo a los romaníes y sinti, y hagan frente al aumento de la discriminación y las manifestaciones violentas de intolerancia contra los romaníes y sinti, incluidas las dirigidas contra los migrantes romaníes y sinti, mediante las medidas siguientes: 2.1 Reforzar las iniciativas destinadas a fomentar la tolerancia y combatir los prejuicios contra los romaníes y sinti; 2.2 Condenar públicamente y de manera inequívoca cualquier tipo de violencia dirigida contra los romaníes y sinti; 2.3 Contrarrestar en los medios los estereotipos negativos que se asocian a los romaníes y sinti, teniendo en cuenta los compromisos pertinentes de la OSCE en materia de libertad de los medios informativos; 2.4 Promulgar o, cuando proceda, fortalecer las leyes y medidas políticas cuyo objetivo sea luchar contra la discriminación y los delitos motivados por los prejuicios raciales contra los romaníes y sinti; 2.5 Fomentar la capacidad de los organismos de orden público y de su personal para que puedan detectar, obtener datos, investigar y enjuiciar los delitos motivados por el odio contra los roma- níes y sinti; 2.6 Adoptar las medidas necesarias para garantizar el acceso a remedios eficaces para las víctimas de la discriminación y de manifestaciones violentas de intolerancia contra los romaníes y sinti por medio de procedimientos judiciales, administrativos, de mediación y de conciliación;
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2.7 Aumentar la participación de los romaníes y sinti en la elaboración, aplicación y evaluación de aquellas políticas que les conciernen, fomentando asimismo su participación en la política y brin- dando apoyo a la educación de los votantes dirigida a la población romaní y sinti; 2.8 Promover un diálogo integrador en el seno de la sociedad con objeto de concienciar acerca del papel que pueden desempeñar la intolerancia y la discriminación contra los romaníes y sinti como amenazas para la cohesión social, la estabilidad y la seguridad; 2.9 Abordar las causas subyacentes de la discriminación y la intolerancia contra los romaníes y sinti mediante, entre otras cosas, iniciativas educativas y de concienciación mejoradas y de gran alcance, con la finalidad de derribar los prejuicios y promover el respeto y el entendimiento mutuos; 2.10 Brindar apoyo a la sociedad civil en sus esfuerzos por representar y facilitar asistencia a las víctimas romaníes y sinti de delitos motivados por el odio y discriminación; 2.11 Adoptar las medidas necesarias para aumentar la participación activa y la asunción de res- ponsabilidades de los romaníes y sinti en cuanto al fomento de su inclusión social; 2.12 Adoptar medidas para velar por la seguridad, el bienestar y la salud de las mujeres, los jóve- nes y los niños romaníes y sinti, en las que se tengan también en cuenta la violencia doméstica, los matrimonios precoces y la trata de seres humanos, y que incluyan asimismo, cuando sea necesa- rio, la posibilidad de acceder a servicios de apoyo para su rehabilitación;
3. Centren sus esfuerzos y los recursos necesarios en el ámbito de la educación, considerándola como un factor importante para mejorar la situación de los romaníes y sinti, así como para fomen- tar una mayor integración social y económica de los mismos, ocupándose, entre otras cosas, de las siguientes cuestiones: 3.1 Adoptar medidas activas para garantizar la igualdad de acceso y de participación en todos los niveles de la educación pública a los jóvenes y los niños romaníes y sinti, incluidos los niveles de educación preescolar, primaria y secundaria; 3.2 Reducir la elevada tasa de abandono escolar entre los estudiantes romaníes y sinti que cursan educación secundaria, y prestar la debida atención a los problemas específicos que a ese respecto afrontan las niñas romaníes y sinti, así como adoptar medidas activas con objeto de incentivar una mayor presencia de jóvenes romaníes y sinti en niveles de educación superior; 3.3 Fomentar un mayor acceso y adoptar las medidas adecuadas para facilitar a los estudiantes romaníes y sinti la matriculación en la educación superior, por ejemplo, mediante la creación de programas de becas; 3.4 Promover la elaboración de programas de integración para romaníes y sinti en los planos nacio- nal y local, entre otras cosas, mediante programas educativos y cursos suplementarios en los que también se incluya la historia y la cultura romaní y sinti; 3.5 Renovar los esfuerzos encaminados a erradicar la segregación de los romaníes y sinti en la edu- cación a todos los niveles;
4. Adopten medidas activas de apoyo al empoderamiento de la mujer romaní y sinti, entre las que cabría destacar las siguientes: 4.1 Intensificar los esfuerzos por garantizar que las mujeres romaníes y sinti puedan disfrutar y ejercer sus derechos humanos y potenciar las iniciativas para combatir su discriminación a todos los niveles, incluidos, cuando sea necesario, los ámbitos de la educación, el empleo, la sanidad y la vivienda, y con ese fin, participar en organizaciones romaníes y sinti de la sociedad civil e inte- ractuar con la población romaní y sinti;
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4.2 Fomentar la participación efectiva e igualitaria de la mujer romaní y sinti en la vida pública y política, entre otras cosas, promoviendo el acceso de la mujer a cargos públicos, al funcionariado y a puestos de responsabilidad; 4.3 Alentar la igualdad para las mujeres romaníes y sinti en el acceso al empleo y a los programas de prácticas y de tutoría; 4.4 Seleccionar medidas concretas, cuando proceda, con el objetivo de fomentar que las niñas roma- níes y sinti puedan acceder y participar en la educación a todos los niveles y en pie de igualdad;
5. Alienten a las estructuras ejecutivas pertinentes de la OSCE a que mejoren las actividades des- tinadas a fomentar las capacidades de las organizaciones de mujeres y jóvenes romaníes y sinti, con miras a fomentar el empoderamiento, la educación y la no discriminación entre las mujeres y los jóvenes romaníes y sinti, así como que promuevan la participación de las mujeres romaníes y sinti en todas aquellas áreas que sean de su interés y en igualdad de condiciones con los hombres;
Pide una constante coordinación dentro de la OSCE y que se coopere con los agentes internacio- nales pertinentes, con el objetivo de mejorar las iniciativas de la OSCE dirigidas a aplicar el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE;
Alienta a la Asamblea Parlamentaria de la OSCE a que siga esforzándose por mejorar la situación de la población romaní y sinti en el área de la OSCE.
Decisión Nº 7/13
Lucha contra la trata de personas
El Consejo Ministerial,
Reafirmando los compromisos pertinentes de la OSCE de 2000 a 2008, así como la Declaración Ministerial de Vilnius de 2011 sobre la lucha contra todas las formas de trata de seres humanos,
Reiterando el valor estratégico del Plan de Acción de la OSCE de 2003 contra la Trata de Personas, que brinda a los Estados participantes recomendaciones anticipadas sobre medidas que se han de tomar a escala internacional y nacional en el ámbito del enjuiciamiento, la prevención y la protec- ción, y también orienta las actividades de las estructuras ejecutivas correspondientes de la OSCE,
Profundamente preocupado por el notable aumento de todas las modalidades de la trata de perso- nas, tanto a escala transnacional como interna, y reiterando que es especialmente necesario tomar medidas más enérgicas para afrontar el reto de las tendencias y modalidades actuales e incipien- tes de la trata de personas,
Respalda la adopción de la Adición al Plan de Acción de la OSCE contra la Trata de Personas: Un Decenio Después en virtud de la Decisión Nº 1107 del Consejo Permanente, y estima que la Adi- ción titulada “Un Decenio Después” constituye parte integrante del Plan de Acción de la OSCE de 2003 contra la Trata de Personas.
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I. Declaraciones del Consejo Ministerial y otras declaraciones
Declaración sobre los jóvenes
Nosotros, los miembros del Consejo Ministerial de la Organización para la Seguridad y la Coo- peración en Europa, recordamos los compromisos de la OSCE relativos a los jóvenes y los niños, consagrados en el Acta Final de Helsinki y en otras decisiones pertinentes de la OSCE, y toma- mos nota de los esfuerzos de otras organizaciones internacionales en ese sentido, en particular las Naciones Unidas.
Reconocemos que los jóvenes y los niños exigen una atención especial, y que hay que abordar sus necesidades, sus inquietudes y sus intereses de manera integral.
Reconocemos asimismo el potencial de los jóvenes para contribuir al desarrollo económico, polí- tico y social, y que pueden apoyar a los Estados participantes en el cumplimiento de los compro- misos en las tres dimensiones de la OSCE.
Tomamos nota de la iniciativa de la Presidencia suiza relacionada con los jóvenes en la OSCE.
Declaración sobre el fortalecimiento de los esfuerzos para combatir el antisemitismo
Nosotros, los miembros del Consejo Ministerial de la Organización para la Seguridad y la Coope- ración en Europa, recordamos la Conferencia de la OSCE sobre Antisemitismo que tuvo lugar en Berlín en 2004, en la que los Estados participantes de la OSCE condenaron todas las manifesta- ciones de antisemitismo y se comprometieron en el empeño común de combatir el antisemitismo en toda el área de la OSCE.
Manifestamos nuestra preocupación ante el número desconcertante de incidentes antisemitas que siguen teniendo lugar en el área de la OSCE y continúan siendo un reto para la estabilidad y la seguridad.
Rechazamos y condenamos toda manifestación de antisemitismo, intolerancia y discriminación contra los judíos.
Recordamos el compromiso de respetar los derechos humanos y las libertades fundamentales de todas las personas, sin distinción por motivo de su raza, género, idioma o religión, tal y como quedó consagrado en las disposiciones del Acta Final de Helsinki de 1975.
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Expresamos nuestro aprecio por la Declaración de Berlín de 2004 de la Presidencia en Ejercicio de la OSCE, y reafirmamos los compromisos pertinentes de la OSCE.
Tomamos nota de las conclusiones de la Presidencia suiza de la OSCE con motivo del décimo ani- versario de la Conferencia de Berlín sobre Antisemitismo.
Reconocemos la aportación fundamental de la sociedad civil para prevenir el antisemitismo y reac- cionar contra el mismo, (…),
Destacamos la importancia de que los Estados colaboren con la sociedad civil mediante regíme- nes de asociación efectivos y de que se refuercen el diálogo y la cooperación en la lucha contra el antisemitismo.
Declaramos inequívocamente que los acontecimientos internacionales, entre otros los relativos a la situación en Oriente Medio, jamás justifican el antisemitismo.
Apelamos a los dirigentes políticos, religiosos y de la sociedad civil para que participen en debates abiertos, con miras a combatir y prevenir el antisemitismo, respetando al mismo tiempo las liber- tades fundamentales y los derechos humanos.
Exhortamos a los Estados participantes a que:
Alienten a los dirigentes políticos y a las personalidades públicas a que se pronuncien enérgica y oportunamente cuando se produzcan incidentes antisemitas;
Promuevan programas educativos para luchar contra el antisemitismo y brinden oportunidades educativas a los jóvenes en materia de derechos humanos, incluyendo el tema del antisemitismo;
Intensifiquen sus esfuerzos para cumplir los compromisos vigentes de la OSCE en relación con el seguimiento de los delitos motivados por el odio y la recopilación de los datos correspondientes, incluidos los motivados por el antisemitismo;
Investiguen de manera efectiva, oportuna e imparcial todo acto violento motivado por el antise- mitismo, y enjuicien a los responsables;
Promuevan y faciliten el diálogo y los regímenes de asociación abiertos y transparentes de tipo intercultural, interconfesional e interreligioso;
Alienten la integración de las comunidades religiosas y de creencias en los debates públicos de las iniciativas legislativas pertinentes;
Exhortamos a la OIDDH a que:
Brinde a los Estados participantes prácticas recomendables acerca de esfuerzos para combatir el antisemitismo, entre otros mediante consultas con la sociedad civil, a fin de identificar y abordar efectivamente las manifestaciones contemporáneas de antisemitismo;
Facilite la cooperación entre los funcionarios públicos y la sociedad civil en cuestiones relaciona- das con el antisemitismo, incluidos los delitos motivados por el odio y los actos en memoria del Holocausto;
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Asista a los Estados participantes en su labor de recopilación de datos sobre delitos motivados por el odio antisemita, en cooperación con la sociedad civil, si procede;
Facilite el intercambio de prácticas recomendables entre los Estados participantes acerca de ini- ciativas didácticas y otras medidas para mejorar el nivel de sensibilización sobre el antisemitismo y superar los obstáculos que hay en la enseñanza acerca del Holocausto;
Promueva el diálogo y refuerce la capacidad de la sociedad civil de fomentar el respeto y el enten- dimiento recíprocos, a fin de promover la causa de la cooperación entre las diversas comunidades.
Destacamos la labor de los tres Representantes Personales en cuestiones relacionadas con la tole- rancia para apoyar los esfuerzos generales de la OSCE contra la intolerancia y la discriminación, especialmente mediante sus visitas a países, las recomendaciones subsiguientes y sus informes remitidos al Consejo Permanente de la OSCE.
Alentamos a los Estados participantes a que preparen Declaraciones del Consejo Ministerial sobre el fortalecimiento de los esfuerzos para combatir la tolerancia y la discriminación, entre otros con- tra los musulmanes, los cristianos y los miembros de otras religiones.
II. Decisiones del Consejo Ministerial
Decisión Nº 5/14
Prevención de la corrupción
El Consejo Ministerial,
Reafirmando los compromisos de la OSCE relativos a la lucha contra la corrupción, (…),
Reconociendo que la corrupción en todos los niveles es una fuente latente de tensión política que socava la estabilidad y la seguridad de los Estados participantes, amenaza los valores compartidos de la OSCE, y facilita las actividades delictivas,
Convencido de que una prevención más eficaz de la corrupción fomenta la buena gobernanza en todos los sectores públicos, refuerza la confianza en las instituciones públicas, hace que aumente la responsabilidad social de las empresas en el sector privado, fortalece el crecimiento económico y coadyuva a la estabilidad social y a la seguridad,
Reafirmando que la libertad en materia de información y el acceso a la información fomentan la apertura y la responsabilidad en las políticas y la contratación públicas y hacen posible que la socie- dad civil, incluidos los medios informativos, coadyuven a prevenir y combatir la corrupción, la financiación del terrorismo, el blanqueo de capitales y sus delitos determinantes,
Subrayando la función clave que desempeñan los órganos policiales y las instituciones judiciales en la prevención y la lucha contra la corrupción,
Reconociendo que la capacidad de un medio informativo independiente de investigar y publi- car los resultados de esa investigación, conforme con las normas de derecho nacional y los com- promisos internacionales y sin temor a ser enjuiciado o perseguido o a sufrir perjuicios físicos, es fundamental para prevenir y combatir la corrupción en todos los niveles y en todos los sectores,
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Reconociendo que la prestación eficiente, asequible, responsable y transparente de servicios públi- cos es uno de los elementos clave para crear un entorno que imposibilite la corrupción en el sec- tor público,
Reconociendo asimismo la importancia de las medidas de fomento de las capacidades para preve- nir y combatir de modo efectivo la corrupción,
Reconociendo también la importancia de la cooperación internacional entre los órganos nacio- nales de lucha contra la corrupción para el intercambio de prácticas recomendables, el desarrollo futuro de medidas contra la corrupción y el intercambio de conocimientos entre los profesionales dedicados a luchar contra la corrupción,
Acogiendo con beneplácito el hecho de que casi todos los Estados participantes hayan ratificado o se hayan adherido a la Convención de las Naciones Unidas contra la Corrupción (UNCAC) y se dediquen a cumplir sus compromisos dimanantes de dicha Convención,
Reconociendo la importancia de cooperar con otras organizaciones internacionales pertinentes para prevenir y combatir la corrupción,
Alienta a los Estados participantes a que:
Sigan redactando y aplicando normas legislativas y políticas para prevenir la corrupción, e implan- ten y promuevan herramientas y medidas prácticas para hacer frente a todas las modalidades de la corrupción en todos los niveles tanto en el sector privado como público, y también para otros interesados;
Tomen medidas para reforzar la transparencia, la responsabilidad y el Estado de derecho en la administración pública, de conformidad con los principios fundamentales de sus sistemas jurídi- cos, entre otros medios introduciendo medidas efectivas que faciliten el acceso público a la infor- mación y el fomento de una prestación efectiva de los servicios públicos;
Adopten, mantengan y refuercen sistemas que impidan conflictos de intereses en el sector público, entre otros y a modo de ejemplo abordando los conflictos de intereses mediante códigos de con- ducta de ejecución obligatoria, y estableciendo y reforzando sistemas de declaración de bienes para funcionarios del Estado y personas políticamente expuestas, de conformidad con los prin- cipios fundamentales de sus normas de derecho interno, y que creen un entorno justo y competi- tivo para la contratación en el sector público a fin de mejorar la transparencia y la integridad de la administración pública;
Fomenten la participación del sector privado, las organizaciones de la sociedad civil, los medios informativos y el entorno académico, entre otros mediante el respaldo de las estructuras ejecu- tivas de la OSCE, de conformidad con sus mandatos, a la hora de elaborar políticas y estrategias nacionales de lucha contra la corrupción, y que apoyen su posterior ejecución;
Promuevan una tradición de integridad, transparencia y responsabilidad en todos los sectores de la sociedad, a fin de coadyuvar a la prevención de la corrupción;
Reconozcan la función importante que cumplen los denunciantes para identificar y prevenir la corrupción y defender los intereses públicos, e intensifiquen las medidas nacionales propias para brindar el amparo suficiente a los denunciantes;
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Contribuyan a reforzar las medidas de sensibilización en todos los sectores de la sociedad en cuanto a la corrupción, mediante programas de formación y enseñanza en el ámbito de la prevención de la corrupción y la integridad, prestando una atención especial a la juventud, y reconozcan la fun- ción que desempeña en este sentido una sociedad civil comprometida y debidamente informada y unos medios informativos independientes, libres y plurales;
Adopten las medidas necesarias, de conformidad con los principios fundamentales de su ordena- miento jurídico, para establecer o reforzar sistemas apropiados de contratación pública basados en la transparencia, la competencia y criterios objetivos de adopción de decisiones, que sean efi- caces para prevenir la corrupción;
Apoyen medidas para reforzar la integridad de la judicatura y evitar toda oportunidad de corrup- ción entre los miembros del poder judicial y los órganos procesales;
Cumplan y se adhieran a las normas internacionales correspondientes en materia de lucha con- tra la corrupción tales como las prescritas por la Convención de las Naciones Unidas contra la Corrupción y, si procede, por los convenios de la OCDE y del Consejo de Europa sobre la corrup- ción, y coadyuven a intensificar la participación de la sociedad civil en su aplicación tal y como se enuncian en dichos convenios;
Establezcan e impongan sanciones y multas administrativas efectivas, proporcionadas y disuaso- rias para castigar casos de corrupción contra personas físicas y, si procede, jurídicas, con miras a desalentar y poner coto a la corrupción;
Faciliten la recuperación de bienes robados como parte de las medidas nacionales y en el marco de la cooperación internacional y, si procede, regional, y velen por la transparencia de los benefi- ciarios efectivos de esos bienes;
Aprovechen los instrumentos, las directrices y los proyectos de la OSCE a la hora de combatir y prevenir la corrupción;
Alienta a las estructuras executivas pertinentes de la OSCE, entre otras, si procede, a las opera- ciones sobre el terreno, de conformidad con sus mandatos y dentro de los límites de los recursos disponibles, a que faciliten el intercambio de prácticas recomendables para prevenir la corrupción entre los Estados participantes que lo soliciten;
Encomienda a las estructuras ejecutivas de la OSCE, y concretamente a la Oficina del Coordina- dor de las Actividades Económicas y Medioambientales de la OSCE (OCAEM) y, si procede, a las operaciones sobre el terreno, en cooperación con los asociados internacionales correspondientes, (…), a que brinden asistencia a los Estados participantes, dentro de sus recursos disponibles y si así lo solicitan, en el cumplimiento de sus compromisos en cuanto a la UNCAC y al formular las políticas nacionales, al intercambiar prácticas recomendables y al llevar a cabo proyectos y activi- dades de fomento de las capacidades en el ámbito de la prevención y la lucha contra la corrupción;
Encomienda asimismo a las estructuras ejecutivas de la OSCE, y concretamente a la OCAEM y, si procede, a las operaciones de la OSCE sobre el terreno, que promuevan, dentro de los límites de sus recursos disponibles y sus mandatos, los instrumentos y las directrices vigentes de la OSCE para prevenir y combatir la corrupción (…)
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Decisión Nº 7/14
Prevenir y combatir la violencia contra la mujer
El Consejo Ministerial,
Reafirmando el compromiso de respetar los derechos humanos y las libertades fundamentales de todas las personas, sin distinción de raza, sexo, idioma o religión, (…),
Recordando que el ejercicio pleno y en igualdad de condiciones de sus derechos humanos por parte de la mujer es esencial para lograr que el área de la OSCE sea más pacífica, próspera y democrática, y que los Estados participantes de la OSCE se han comprometido a que la igualdad entre hombres y mujeres sea parte integrante de sus políticas, tanto a nivel de sus Estados como de las estructu- ras ejecutivas de la Organización, como se declaró en la Cumbre de Estambul de la OSCE de 1999,
Reafirmando también que la dignidad inherente de las personas es la esencia de la seguridad inte- gral, (…),
Reafirmando asimismo todos los compromisos pertinentes de la OSCE, incluidos los que figuran en la Decisión Nº 14/04 del Consejo Ministerial sobre el Plan de Acción de la OSCE para el fomento de la igualdad entre los géneros y en la Decisión Nº 15/05 del Consejo Ministerial sobre prevenir y combatir la violencia contra la mujer, (…)
Consciente de los compromisos que han contraído los Estados participantes en los foros regiona- les e internacionales de combatir la violencia contra la mujer,
Tomando nota de las iniciativas regionales e internacionales para luchar contra la violencia sexual, en particular en los conflictos armados, (…)
Profundamente preocupado por la persistencia de la violencia contra la mujer como una de las violaciones más generalizadas de los derechos humanos en el área de la OSCE, que se manifiesta como violencia física, sexual y psicológica, y reiterando la especial necesidad de adoptar medidas más contundentes para prevenir y combatir la violencia contra la mujer, en la cual la desigualdad entre los géneros puede ser uno de los principales factores contribuyentes,
Reafirmando la importancia de una rendición de cuentas efectiva con respecto a la violencia contra la mujer y contra los niños, especialmente la violencia sexual, el abuso y la explotación, así como de la adopción de medidas adecuadas para luchar contra ese tipo de violencia,
Pide a los Estados participantes que adopten las medidas que figuran a continuación para prevenir y combatir la violencia contra la mujer, en los ámbitos de la creación de marcos jurídicos y asocia- ciones, prevención y enjuiciamiento de la violencia contra la mujer, y protección de las víctimas;
Pide también a los Estados participantes que velen por la protección y el pleno respeto de los dere- chos humanos y las libertades fundamentales de todas las mujeres;
Condena enérgicamente todas las formas de violencia contra la mujer y su justificación, tal como se afirma en la Declaración sobre la eliminación de la violencia contra las mujeres;
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(A) Marco jurídico
1. Pide a los Estados participantes que:
Soliciten, si procede, dictámenes de la OIDDH sobre marcos jurídicos y de políticas para prevenir y combatir la violencia contra la mujer, incluida la violencia doméstica;
Recopilen, mantengan y hagan públicas pruebas fidedignas, cotejables, desglosadas y exhaustivas, basadas en datos y estadísticas, relativas a todas las formas de violencia contra la mujer, incluidas la violencia sexual y la doméstica, al mismo tiempo que velan por el cumplimiento de sus leyes de protección de datos, así como que incluyan información sobre el número de casos denunciados a los cuerpos y fuerzas de seguridad, cuántos de ellos han sido investigados y enjuiciados, y qué sentencias se han dictado;
Pongan en consonancia, si aún no lo han hecho, las leyes nacionales con las normas internacio- nales pertinentes que hayan adoptado y con los compromisos de la OSCE relativos a todas las for- mas de violencia contra la mujer, así como que tengan en cuenta las prácticas recomendables a la hora de adoptar las leyes que sean del caso;
Estudien la posibilidad de firmar y ratificar los instrumentos regionales e internacionales perti- nentes, como por ejemplo el Convenio del Consejo de Europa sobre prevención y lucha contra la violencia contra la mujer y la violencia doméstica, cuando proceda.
2. Encarga a las estructuras ejecutivas de la OSCE que, en el marco de sus mandatos:
Promuevan el intercambio de prácticas recomendables relativas a las leyes para combatir todas las formas de violencia contra la mujer;
(B) Prevención
3. Alienta a los Estados participantes a que:
Redoblen los esfuerzos de difusión ciudadana, mediante actividades de concienciación y sensibi- lización, con el fin de luchar contra los prejuicios y los estereotipos y actitudes negativos que con- tribuyen a fomentar todas las formas de violencia contra la mujer;
Adopten las medidas adecuadas para incrementar el compromiso y la participación de hombres adultos y jóvenes en la prevención y la eliminación de todas las formas de violencia contra la mujer, incluidas la violencia sexual y la doméstica;
Adopten también medidas para aumentar la concienciación acerca del círculo vicioso de violencia que podría generar la violencia física, sexual y psicológica padecida en la niñez y en la adolescencia;
Desarrollen programas para trabajar con quienes cometan actos de violencia contra la mujer, tanto antes como después de que sean condenados, con el fin de evitar que reincidan en los delitos;
Proporcionen tratamiento, asesoramiento y cursos de formación, y adopten otras medidas, para evitar la victimización repetida y los traumas, especialmente durante los procesos judiciales.
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4. Encarga a las estructuras ejecutivas de la OSCE que, en el marco de sus mandatos:
Mejoren la cooperación con los principales interesados de las organizaciones regionales e inter- nacionales que sean del caso, en los esfuerzos por recopilar datos y estadísticas desglosados por género, acerca de todas las formas de violencia contra la mujer en el área de la OSCE;
Ayuden a los Estados participantes que lo soliciten en su labor de promover enfoques amplios, efectivos y basados en pruebas para combatir todas las formas de violencia contra la mujer, inclui- das la violencia sexual y la doméstica, y de atender mejor las necesidades de todas las víctimas.
(C) Protección
5. Alienta a los Estados participantes a que:
Se aseguren de que las víctimas de todas las formas de violencia contra la mujer reciben informa- ción oportuna y adecuada acerca de las medidas legales y los servicios de apoyo disponibles, tales como centros de crisis para casos de violencia sexual, refugios u otras estructuras pertinentes, así como servicios sanitarios, y de que dichos servicios son fácilmente accesibles;
Promuevan programas y actividades para habilitar y respaldar a las mujeres que han sido vícti- mas de la violencia.
6. Encarga a las estructuras ejecutivas de la OSCE que, en el marco de sus mandatos:
Ayuden a los Estados participantes que lo soliciten a reforzar sus capacidades de protección de las víctimas de todas las formas de violencia contra la mujer;
Faciliten el intercambio entre los Estados participantes en cuanto a información, experiencia y prác- ticas recomendables en materia de protección;
Faciliten asistencia técnica a los Estados participantes que la soliciten para organizar servicios de apoyo, como por ejemplo teléfonos de emergencia, centros de crisis, etc.;
Ofrezcan a los Estados participantes cursos de formación especializados para profesionales perti- nentes de los Estados participantes interesados que se ocupan de las víctimas o perpetradores de todas las formas de violencia contra la mujer, incluidas la violencia sexual y la doméstica.
(D) Enjuiciamiento
7. Alienta a los Estados participantes a que:
Redoblen los esfuerzos para investigar, llevar ante los tribunales y castigar a los perpetradores de todas las formas de violencia contra la mujer, y a que proporcionen a las víctimas la protección y las compensaciones adecuadas;
Aseguren la elaboración y la aplicación eficaz de leyes que tipifiquen como delito la violencia contra la mujer y que incluyan medidas de prevención y de protección, como por ejemplo órdenes de pro- tección y de alejamiento de emergencia, donde existan, así como la investigación, el procesamiento y la imposición de penas adecuadas a los perpetradores, con miras a acabar con la impunidad.
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(E) Asociación
8. Alienta a los Estados participantes a que:
Desarrollen políticas nacionales amplias y coordinadas para combatir todas las formas de violencia contra la mujer, que incluyan a todos los entes pertinentes, como por ejemplo los cuerpos y fuer- zas de seguridad y el sector de la justicia, los parlamentos, las instituciones nacionales de dere- chos humanos, los servicios sociales y sanitarios, así como las organizaciones de la sociedad civil.
9. Encarga a las estructuras ejecutivas de la OSCE que, en el marco de sus mandatos:
Mejoren la cooperación con los principales interesados que sean del caso, de organizaciones regio- nales e internacionales;
Faciliten el intercambio de información, experiencias y prácticas recomendables entre los Esta- dos participantes y todos los principales interesados pertinentes, para combatir todas las formas de violencia contra la mujer.
Decisión Nº 8/14
Adición al Plan de Acción 2004 de la OSCE para el Fomento de la Igualdad entre los Géneros
El Consejo Ministerial,
Reafirmando todos los compromisos pertinentes de la OSCE, y especialmente el Plan de Acción de la OSCE 2004 para el fomento de la igualdad entre los géneros (MC.DEC/14/04),
Reconociendo los progresos conseguidos en la aplicación del Plan de Acción de la OSCE 2004 para el fomento de la igualdad entre los géneros desde que éste se adoptara,
Reconociendo asimismo que son precisas más mejoras en este proceso evolutivo, tal y como se constató durante la Conferencia de Examen de Alto Nivel sobre la igualdad entre los géneros, que tuvo lugar en Viena en julio de 2014, en relación con los progresos y las lagunas en materia de cum- plimiento de los compromisos pertinentes de la OSCE,
Encomienda a los Estados participantes que:
Elaboren una Adición a la Decisión Nº 14/04 del Consejo Ministerial relativa al Plan de Acción 2004 de la OSCE para el fomento de la igualdad entre los géneros, que se presentará al Consejo Permanente para que se adopte en 2015.
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I. Declaraciones del Consejo Ministerial
Declaración ministerial sobre la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo
Nosotros, los Ministros de Asuntos Exteriores de los Estados participantes de la Organización para la Seguridad y la Cooperación en Europa,
Recordando los documentos pertinentes de la OSCE que han sido adoptados en el ámbito de la lucha contra el terrorismo, (…),
Recalcando nuestra condena firme e incondicional del terrorismo y del extremismo violento, así como nuestra profunda solidaridad con todas las víctimas del terrorismo,
Reafirmando el compromiso de los Estados participantes de colaborar para prevenir, eliminar, investigar y enjuiciar los actos relacionados con el terrorismo, incluida su financiación, y desta- cando su firme determinación de luchar contra el terrorismo en todas sus formas y manifestacio- nes, como un delito que carece de toda justificación, cualquiera que sea su motivación u origen, y que el terrorismo y el extremismo violento no pueden ni deben asociarse con ninguna raza, etnia, nacionalidad o religión,
Expresando nuestra preocupación en particular por los jóvenes, y también los niños, que están siendo víctimas de una radicalización que conduce al terrorismo y que están siendo reclutados como combatientes terroristas extranjeros, y reconociendo la importancia de colaborar con los jóve- nes a fin de prevenir y luchar contra la radicalización de jóvenes que desemboca en el terrorismo,
Condenando enérgicamente las manifestaciones de intolerancia, incluidas las que se basan en la religión o la creencia; reafirmando la voluntad de los Estados participantes de fomentar la toleran- cia y la no discriminación, el respeto y el entendimiento mutuos en sus sociedades; y reafirmando nuestro compromiso de promover y proteger los derechos humanos y las libertades fundamenta- les, entre ellas la libertad de expresión y la libertad de pensamiento, conciencia, religión o creencia,
Profundamente preocupados por el hecho de que algunos delitos graves cometidos por terroristas o grupos terroristas, entre ellos combatientes terroristas extranjeros, se han dirigido contra per- sonas y grupos por motivos de etnia, religión o creencia, y observando el papel que la discrimina- ción y la intolerancia pueden desempeñar para avivar el extremismo violento y la radicalización que conducen al terrorismo,
Subrayando el compromiso de los Estados participantes de adoptar las medidas necesarias para pro- teger contra actos de terrorismo a todas las personas que estén dentro de su jurisdicción, y de tomar
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medidas firmes para luchar contra el terrorismo y los combatientes terroristas extranjeros, (…), en apoyo a nuestros compromisos pertinentes de la OSCE, y de conformidad con las obligaciones apli- cables en virtud del derecho internacional, incluidos el derecho internacional en materia de dere- chos humanos, el derecho internacional de los refugiados y el derecho internacional humanitario,
Condenando firmemente la destrucción del patrimonio cultural y de lugares religiosos, entre ellos la destrucción selectiva de lugares declarados Patrimonio Mundial de la UNESCO, por parte de terroristas, combatientes terroristas extranjeros asociados al ISIL (Estado Islámico de Irak y el Levante) y otros grupos terroristas,
Reconociendo la función de liderazgo que desempeñan las Naciones Unidas en las iniciativas internacionales para prevenir y combatir el terrorismo y el extremismo violento, y el compromiso asumido por los Estados participantes de aplicar plenamente la Estrategia global de las Naciones Unidas contra el terrorismo,
Guiados por nuestra convicción de que la lucha contra el terrorismo y el extremismo violento, de conformidad con los principios y compromisos de la OSCE, requiere esfuerzos amplios y soste- nibles para abordar las manifestaciones del terrorismo, así como los diversos factores de carácter social, económico, político y de otra índole, que favorecen condiciones en las que organizaciones terroristas podrían captar combatientes y ganar apoyo,
Reafirmando el compromiso de los Estados participantes de intercambiar ideas y prácticas reco- mendadas en el ámbito nacional sobre sus estrategias y medidas para luchar contra el extremismo violento y la radicalización que conducen al terrorismo, a fin de mejorar la cooperación práctica,
Tomando nota de que la radicalización que conduce al terrorismo y la captación por parte de terro- ristas pueden tener lugar en centros penitenciarios, y afirmando, por consiguiente, la importancia de elaborar y compartir, según proceda, directrices internacionales sobre reinserción, rehabilita- ción y prevención de la radicalización que conduce al terrorismo en los centros penitenciarios,
Recalcando que los Estados participantes desempeñan una función primordial en la prevención y la lucha contra el terrorismo y el extremismo violento, a la vez que respetan sus obligaciones en virtud del derecho internacional,
Recalcando también la función decisiva que pueden desempeñar los jóvenes, las familias, las mujeres, las víctimas del terrorismo, los líderes religiosos, culturales y de la educación, y la sociedad civil, así como los medios informativos, para luchar contra el discurso del extremismo violento que puede incitar a actos terroristas y para abordar las condiciones que pueden favorecer la propagación del terrorismo, en particular fomentando el respeto y el entendimiento mutuos, la reconciliación y la coexistencia pacífica entre las culturas, así como promoviendo y protegiendo los derechos huma- nos, las libertades fundamentales, los principios democráticos y el Estado de derecho, (…)
Instamos a los Estados participantes a:
1. Seguir intensificando sus esfuerzos por prevenir y combatir el extremismo violento y la radica- lización que conducen al terrorismo en sus países, adoptando un enfoque multidimensional y, en ese sentido, hacer uso, según proceda y cuando sea necesario, de las estructuras ejecutivas de la OSCE, incluidas las operaciones sobre el terreno en el marco de sus respectivos mandatos;
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2. Intensificar sus esfuerzos para contrarrestar y eliminar la financiación del terrorismo, (…), y en apoyo de los compromisos de la OSCE, haciendo hincapié en que toda fuente de ingresos favorece las actividades de captación y refuerza las capacidades operativas para organizar y llevar a cabo actos terroristas;
3. Adoptar las medidas que puedan ser necesarias y apropiadas, y que sean conformes a sus obli- gaciones dimanantes del derecho internacional, también en lo relativo a los derechos humanos y las libertades fundamentales, con la finalidad de prohibir por ley la incitación a cometer un acto o actos terroristas y evitar conductas de esa índole;
4. Colaborar en la prevención y la lucha contra el terrorismo violento y la radicalización que con- ducen al terrorismo mediante, entre otras cosas, el fomento de capacidades, la coordinación de planes e iniciativas y el intercambio de lecciones aprendidas, entre ellas impedir el suministro de armas a terroristas y evitar la radicalización que puede conducir al terrorismo y la captación y la movilización de personas como terroristas, incluidos los combatientes terroristas extranjeros;
5. Considerar, según sea adecuado, la elaboración y modernización de estrategias y planes de acción nacionales contra el terrorismo, como por ejemplo políticas y medidas específicas para prevenir y combatir el extremismo violento y la radicalización que conducen al terrorismo, en apoyo de los compromisos de la OSCE y en cumplimiento de sus obligaciones de conformidad con el derecho internacional, incluidas las normas en materia de derechos humanos;
6. Fomentar un enfoque integral en todos los planos para evitar y contrarrestar el extremismo vio- lento y la radicalización que conducen al terrorismo, que incluya coordinación entre las autori- dades nacionales, cooperación entre los Estados participantes y cooperación con organizaciones internacionales y regionales pertinentes;
7. Fomentar la investigación y el intercambio de información sobre las condiciones que propician la propagación del extremismo violento y la radicalización que conducen al terrorismo, y sobre la manera de contrarrestarlas;
8. Alentar a los líderes políticos y a los personajes públicos, incluidos los representantes de la socie- dad civil y los líderes religiosos, a que contribuyan a prevenir y combatir el extremismo violento y la radicalización que conducen al terrorismo, manifestándose públicamente, de manera firme y oportuna, contra el extremismo violento y la radicalización que conducen al terrorismo;
9. Seguir fomentando las asociaciones público-privadas para la lucha contra el terrorismo, según proceda, entre las autoridades públicas, el sector privado, la sociedad civil, los miembros o repre- sentantes de comunidades religiosas y los medios informativos, de conformidad con la Decisión Nº 10/08 del Consejo Ministerial, entre otros documentos, con el propósito de luchar contra la incita- ción al terrorismo y contra el extremismo violento y la radicalización que conducen al terrorismo;
10. Mejorar la cooperación internacional y las asociaciones público-privadas a fin de desarrollar medidas prácticas para luchar contra el uso de Internet y otros medios con objeto de incitar al extremismo violento y la radicalización que conducen al terrorismo, así como de reclutar a com- batientes terroristas extranjeros. Ese tipo de cooperación internacional y de asociaciones públi- co-privadas podría promover iniciativas de comunicación, por ejemplo a través de las redes sociales, para luchar contra los mensajes extremistas violentos, respetando a la vez plenamente el derecho a la libertad de expresión y de opinión;
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11. Considerar el desarrollo de enfoques sobre actividades policiales de proximidad cuyo objeto sea prevenir el terrorismo y luchar contra el extremismo violento y la radicalización que condu- cen al terrorismo, por ejemplo en el plano local, de conformidad con los ordenamientos jurídicos nacionales y el derecho internacional;
12. Fomentar un diálogo y una cooperación interculturales, interconfesionales e interreligiosos que sean abiertos y transparentes, para contribuir, entre otras cosas, a mejorar la tolerancia, el respeto mutuo y la comprensión en los ámbitos local, nacional, regional e internacional;
13. Introducir una perspectiva de género en sus iniciativas de lucha contra el terrorismo y de preven- ción del extremismo violento y la radicalización que conducen al terrorismo, centrada en el empo- deramiento de la mujer y en la participación de mujeres y hombres por igual en dichas iniciativas;
14. Implicar y empoderar a los jóvenes en la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo mediante, entre otras, las siguientes iniciativas: (a) Crear y facilitar el entorno y las oportunidades para que los jóvenes puedan participar e implicarse voluntaria y libremente en la vida pública y en el fomento de los derechos humanos, las libertades fundamentales, los principios democráticos, el Estado de derecho, la tolerancia, la no discrimina- ción, el diálogo, el respeto y la comprensión mutuos, y facilitar su acceso a los servicios sociales,; (b) Apoyar a los jóvenes que deseen contribuir a esas iniciativas, mediante proyectos educativos en escuelas e instituciones de educación superior; (c) Apoyar también iniciativas de concienciación lideradas por jóvenes y centradas en ellos, por ejemplo en Internet y en las redes sociales, a fin de prevenir y combatir la radicalización que pueda conducirles al terrorismo, y promover el respeto de los derechos humanos, las libertades funda- mentales, la tolerancia y la no discriminación; (d) Fomentar programas que faciliten el acceso de los jóvenes al mundo laboral;
15. Considerar la posibilidad de brindar apoyo, también mediante contribuciones financieras volun- tarias, a las actividades de la OSCE en las tres dimensiones de la seguridad, que forman parte de los esfuerzos globales encaminados a prevenir y luchar contra el extremismo violento y la radica- lización que conducen al terrorismo, reconociendo asimismo la función de liderazgo que desem- peñan las Naciones Unidas;
16. Invitar a los Socios de la OSCE para la Cooperación a que participen activamente con noso- tros para fortalecer nuestro diálogo y cooperación con el fin de prevenir y combatir el extremismo violento y la radicalización que conducen al terrorismo, respetar y proteger los derechos huma- nos y las libertades fundamentales en ese contexto, prevenir y combatir las manifestaciones de intolerancia y discriminación (incluidas también las basadas en la religión o creencia, la xenofo- bia y la violencia), así como promover el diálogo interconfensional, interreligioso e intercultural, tomando nota de la Declaración de Amán sobre la Juventud relativa a los jóvenes, la paz y la segu- ridad, de fecha 22 de agosto de 2015, y alentar a los Socios para la Cooperación a que continúen sacando el máximo provecho de los principios, normas y compromisos de la OSCE, así como de sus instrumentos pertinentes;
17. Alentamos a los parlamentarios a que sigan dialogando con miras a reforzar el marco jurídico esencial para luchar contra el terrorismo, fomentando la solidaridad con las víctimas del terro- rismo, y les animamos a pronunciarse de manera firme y oportuna contra la intolerancia, la discri- minación, el terrorismo, y el extremismo violento y la radicalización que conducen al terrorismo;
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Instamos a las estructuras ejecutivas pertinentes de la OSCE, en el marco de sus respectivos man- datos y dentro de los recursos disponibles, a:
18. Seguir brindando su apoyo a los Estados participantes de la OSCE que lo soliciten, en la pre- vención y lucha contra el extremismo violento y la radicalización que conducen al terrorismo, siguiendo un enfoque multidimensional en el que también se tenga en cuenta la cuestión de los jóvenes, según proceda;
19. Facilitar el intercambio de experiencias concretas y buenas prácticas y, previa solicitud, brin- dar asistencia cuando proceda para, entre otras cosas: (a) Fomentar la investigación y el intercambio de información sobre las condiciones que propi- cian el extremismo violento y la radicalización que conducen al terrorismo, y sobre la manera de contrarrestarlas; (b) Elaborar, cuando proceda, estrategias y planes de acción nacionales de lucha contra el terro- rismo, incluidas políticas y medidas para contrarrestar el extremismo violento y la radicalización que conducen al terrorismo; (c) Incorporar una perspectiva de género en el contexto de la prevención y la lucha contra el extre- mismo violento y la radicalización que conducen al terrorismo, poniendo especial atención en el empoderamiento de la mujer y en la participación de mujeres y hombres por igual en dichas ini- ciativas; (d) Asistir a los Estados participantes en el desarrollo de actividades prácticas, en asociación con la sociedad civil y el sector privado cuando proceda, con objeto de ayudarles a elaborar políticas, enfoques y estrategias de prevención y lucha contra el extremismo violento y la radicalización que conducen al terrorismo; (e) Fomentar el intercambio de buenas prácticas, según proceda, y considerar la posibilidad de ela- borar directrices internacionales sobre rehabilitación, reintegración y prevención de la radicaliza- ción terrorista en centros penitenciarios; (f) Poner en práctica enfoques sobre actividades policiales de proximidad cuyo objeto sea prevenir el terrorismo y luchar contra el extremismo violento y la radicalización que conducen al terrorismo; (g) Fomentar la cooperación entre expertos de la administración, de la sociedad civil, del mundo académico, de los medios informativos y del sector privado, para prevenir y combatir el extre- mismo violento y la radicalización que conducen al terrorismo; (h) Fortalecer la función de la sociedad civil, las mujeres, los jóvenes y los líderes religiosos en la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo; (i) Promover y proteger los derechos humanos y las libertades fundamentales, así como el Estado de derecho, en el contexto de las medidas para prevenir el terrorismo y luchar contra el extremismo violento y la radicalización que conducen al terrorismo; (j) Hacer frente a los factores socioeconómicos negativos que aparecen en la prevención del terro- rismo y en la lucha contra el extremismo violento y la radicalización que conducen al terrorismo; (k) Alentar iniciativas educativas y otras medidas que promuevan la tolerancia, la no discrimina- ción y la no violencia, y que fomenten también la concienciación pública y luchen contra los este- reotipos xenófobos, la intolerancia y la discriminación, como parte de los esfuerzos por prevenir el terrorismo y luchar contra el extremismo violento y la radicalización que conducen al terrorismo; (l) Reconocer el papel de los medios informativos a la hora de fomentar un debate plural, y ani- marlos a que hagan gala de profesionalidad y se autorregulen de manera voluntaria, con miras a promover la tolerancia frente a la diversidad étnica, religiosa y cultural, y a prevenir y combatir el
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extremismo violento y la radicalización que conducen al terrorismo, respetando al mismo tiempo la independencia y la libertad de dichos medios;
20. Cooperar con las Naciones Unidas y otras organizaciones e iniciativas internacionales y regio- nales pertinentes, a fin de evitar cualquier duplicación de esfuerzos y potenciar al máximo las sinergias en la prevención y lucha contra el extremismo violento y la radicalización que condu- cen al terrorismo;
21. Apoyar a los Socios para la Cooperación conforme a las necesidades y prioridades que ellos mismos definan, tal y como se declara en la Decisión Nº 5/11 del Consejo Ministerial relativa a los Socios para la Cooperación, de acuerdo con los procedimientos establecidos y si así se les solicita; (…)
Declaración sobre los jóvenes y la seguridad
Nosotros, los miembros del Consejo Ministerial de la Organización para la Seguridad y la Coope- ración en Europa, recordamos los compromisos de la OSCE relacionados con los jóvenes, que se basan en las disposiciones pertinentes del Acta Final de Helsinki.
Tomamos nota de las iniciativas desarrolladas por la anterior y la actual Presidencias de la OSCE, y subrayamos la importancia de fomentar el cumplimiento de los compromisos de la OSCE con respecto a los jóvenes, especialmente en el ámbito de la educación y del papel que estos pueden desempeñar para ayudar a los Estados participantes a cumplir los compromisos de la Organiza- ción en sus tres dimensiones.
Reconocemos que los jóvenes y los niños requieren una atención especial y que sus necesidades, inquietudes e intereses deberían abordarse de una manera integral.
Declaración Ministerial sobre la intensificación de los esfuerzos de la OSCE para luchar contra el terrorismo después de los recientes atentados terroristas
Nosotros, los Ministros de Asuntos Exteriores de los Estados participantes de la Organización para la Seguridad y la Cooperación en Europa, estamos horrorizados por los mortales atentados terro- ristas contra civiles perpetrados en el área de la OSCE y en los territorios vecinos en 2015; damos nuestro más sentido pésame a las familias de las víctimas, así como a los pueblos y gobiernos objeto de dichos atentados, y deseamos una pronta recuperación a todos los que resultaron heridos.
Condenamos de forma inequívoca y con la mayor firmeza todos los atentados terroristas, incluidas las matanzas indiscriminadas de civiles y los ataques deliberados contra personas y comunidades, entre otras cosas, por motivos de su religión o creencia, en particular los perpetrados por el Estado Islámico de Irak y el Levante, conocido también como DAESH (ISIL/DAESH), Frente Al-Nusrah (ANF), así como por todas las demás personas, grupos, empresas y entidades asociadas con Al Qaeda, que constituyen una amenaza sin precedentes para la paz y la seguridad internacionales.
Reafirmamos que el terrorismo, en todas sus formas y manifestaciones, constituye una de las más graves amenazas para la paz y la seguridad internacionales, y que todo acto de terrorismo es crimi- nal e injustificable, independientemente de su motivación, y de cuándo y por quién sea cometido, así como que el terrorismo no puede ni debe asociarse con ninguna raza, religión, nacionalidad ni civilización.
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Nos comprometemos a intensificar nuestros esfuerzos para hacer frente a la amenaza del terro- rismo, incluida la amenaza que plantean los combatientes terroristas extranjeros, (…) (…)
Reafirmamos nuestro compromiso de permanecer unidos en la lucha contra el terrorismo y de trabajar juntos para prevenir y suprimir los actos de terrorismo, así como para abordar las condi- ciones que favorecen su difusión, mediante una mayor solidaridad y cooperación internacionales, reconociendo plenamente el papel esencial de las Naciones Unidas, y de conformidad con la Carta de las Naciones Unidas y con las demás obligaciones contraídas en virtud del derecho internacio- nal aplicable, en particular las normas internacionales de derechos humanos, el derecho interna- cional relativo a los refugiados y el derecho internacional humanitario, así como mediante la plena aplicación de las resoluciones del Consejo de Seguridad de las Naciones Unidas y de la Estrategia global de las Naciones Unidas contra el terrorismo.
Insistimos en que el respeto de los derechos humanos, las libertades fundamentales y el Estado de derecho se complementan y se refuerzan mutuamente con medidas efectivas de lucha contra el terrorismo, y son parte esencial del éxito de la labor para combatir el terrorismo. Observamos la importancia que tiene el respeto del Estado de derecho para prevenir y combatir eficazmente el terrorismo.
Reiteramos nuestra determinación y compromiso de cooperar plenamente para prevenir y combatir el terrorismo, de conformidad con nuestras obligaciones en virtud del derecho internacional, con el fin de hallar, denegar refugio seguro y llevar ante los tribunales, sobre la base del principio de “extraditar o juzgar”, a toda persona que apoye, facilite, participe o intente participar en la financia- ción, planificación, preparación o comisión de actos terroristas, o que proporcione refugio seguro.
Hacemos hincapié en que el terrorismo solo puede ser derrotado mediante un enfoque integral y sostenido, que incluya la participación y la cooperación activas de todos los Estados participantes y organizaciones regionales e internacionales pertinentes, así como, cuando proceda, de la socie- dad civil, con el fin de impedir, obstaculizar, aislar e incapacitar la amenaza terrorista. (…)
Estamos convencidos de que la lucha contra el terrorismo, de conformidad con los principios y com- promisos de la OSCE, requiere una labor sostenida y exhaustiva para hacer frente a las manifes- taciones de terrorismo, así como a los diversos factores sociales, políticos, económicos y de otro tipo que podrían crear las condiciones favorables para que las organizaciones terroristas pudieran reclutar y ganar adeptos, reconociendo, al mismo tiempo, que ninguna de esas condiciones puede excusar o justificar actos de terrorismo.
Reafirmamos que los Estados participantes están firmemente decididos a proteger los principios fundamentales en los que se basa la OSCE y a cumplir todos los compromisos, especialmente aque- llos relacionados con la lucha contra el terrorismo y el fenómeno de los terroristas combatientes extranjeros, a oponerse al extremismo violento y la radicalización que conducen al terrorismo, a respetar los derechos humanos y el Estado de derecho, y a promover la tolerancia y la no discri- minación, el respeto mutuo y la comprensión dentro de nuestras sociedades.
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I. Declaraciones del Consejo Ministerial y otras declaraciones
Declaración sobre la intensificación de los esfuerzos de la OSCE para prevenir y combatir el terrorismo
1. Nosotros, los Ministros de Asuntos Exteriores de los Estados participantes de la Organización para la Seguridad y la Cooperación en Europa, condenamos con la máxima firmeza todos los aten- tados terroristas perpetrados en el área de la OSCE, en las regiones vecinas y en todo el mundo, en particular los perpetrados en 2016. Reafirmamos nuestra solidaridad con las víctimas del terro- rismo y hacemos hincapié en la necesidad de promover la solidaridad internacional para prestar- les apoyo y asegurar que reciben un trato digno y respetuoso. Damos el más sentido pésame a las familias de las víctimas y a las personas y gobiernos objeto de los atentados.
2. Condenamos de forma inequívoca y manifestamos nuestra indignación por la matanza indiscri- minada y la elección deliberada de civiles como objetivo, las numerosas atrocidades, persecucio- nes de personas y comunidades basadas, entre otras cosas, en su religión o creencia, cometidas por organizaciones terroristas, en particular por el denominado Estado Islámico de Irak y el Levante, conocido también como DAESH (ISIL/DAESH), Al Qaeda, ANF/Jabhat Fatah al-Sham, así como por personas, grupos, empresas y entidades asociadas.
3. Reafirmamos que el terrorismo, en todas sus formas y manifestaciones, es una de las más gra- ves amenazas para la paz y la seguridad internacionales, que todo acto de terrorismo es un delito injustificable, independientemente de su motivación, y que el terrorismo no puede ni debe aso- ciarse con ninguna raza, religión, nacionalidad ni civilización.
4. Subrayamos la función esencial de las Naciones Unidas a la hora de prevenir y combatir el terro- rismo, y reafirmamos categóricamente nuestro compromiso de adoptar las medidas necesarias para proteger a todas las personas bajo nuestra jurisdicción contra los atentados terroristas, así como la necesidad de que todas las actividades al respecto se lleven a cabo de conformidad con la Carta de las Naciones Unidas y con todas las demás obligaciones aplicables en virtud del derecho interna- cional, en particular la legislación internacional de derechos humanos, el derecho internacional de los refugiados y el derecho internacional humanitario, así como con las resoluciones pertinentes del Consejo de Seguridad de las Naciones Unidas. De conformidad con esos documentos, subra- yamos también la importancia de nuestros compromisos en virtud de la Estrategia global de las Naciones Unidas contra el terrorismo. Asimismo, tomamos nota de los documentos pertinentes sobre prácticas recomendables adoptados por el Foro Mundial contra el Terrorismo.
5. Recordamos todos los documentos pertinentes adoptados por las anteriores Presidencias de la OSCE en el ámbito de la prevención y la lucha contra el terrorismo. (…)
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6. Hacemos hincapié en que los Estados participantes tienen una función primordial a la hora de prevenir y combatir el terrorismo, y el extremismo violento y la radicalización que conducen al terrorismo, respetando al mismo tiempo sus obligaciones en virtud del derecho internacional, en particular las relativas a los derechos humanos y las libertades fundamentales. Reafirmamos nuestra firme determinación y nuestro compromiso de permanecer unidos para prevenir y com- batir el terrorismo, incrementando la solidaridad y la cooperación internacionales y adoptando un enfoque integral y duradero a todos los niveles pertinentes, que incluya la participación y la cooperación activas de todos los Estados participantes y todas las organizaciones internacionales y regionales pertinentes. Reconocemos que los Estados participantes deben adoptar medidas con- formes con sus compromisos para con la OSCE y, al mismo tiempo que aseguran la implicación nacional, abordar las circunstancias que favorecen la propagación del terrorismo, siempre reco- nociendo que ninguna de esas circunstancias puede excusar o justificar actos de terrorismo. En ese contexto, reconocemos también que es necesario hacer frente a la amenaza que plantean los argumentos utilizados por los terroristas, incluida la justificación pública del terrorismo, la incita- ción y el reclutamiento, y pedimos a los Estados participantes que cooperen para responder con la máxima eficacia a esas amenazas, en cumplimiento del derecho internacional, incluidas las leyes internacionales de derechos humanos. (…)
8. Reafirmamos que los que participen en la financiación, la planificación, la facilitación, la prepa- ración o la comisión de atentados terroristas, deben rendir cuentas y ser llevados ante la justicia, sobre la base del principio de extradición o enjuiciamiento, en cumplimiento de las obligaciones contraídas en virtud del derecho internacional, así como de las leyes nacionales aplicables. Reite- ramos nuestra determinación y nuestro compromiso de cooperar plenamente en la prevención y la lucha contra el terrorismo, respetando al mismo tiempo los derechos humanos y las libertades fun- damentales, y cumpliendo las obligaciones del derecho internacional. Pedimos a los Estados que cooperen en los esfuerzos para hacer frente a la amenaza planteada por los terroristas, incluidos los combatientes terroristas extranjeros y los repatriados, mediante, entre otras cosas, la elaboración y la puesta en práctica de estrategias de rehabilitación y reintegración posteriores al enjuiciamiento.
9. Ponemos de relieve la importancia esencial del intercambio de información, especialmente en lo relativo a los combatientes terroristas extranjeros, los documentos de viaje extraviados o roba- dos, las armas de fuego, y los bienes culturales expoliados o robados, por ejemplo las antigüeda- des, y alentamos a todos los Estados a que aprovechen plenamente los mecanismos y los sistemas de intercambio de datos bilaterales y multilaterales.
10. Destacamos la importancia de la cooperación entre Estados participantes de la OSCE, inclu- yendo, cuando proceda, a la sociedad civil, para prevenir y combatir el terrorismo. También subra- yamos el importante papel que desempeña la sociedad civil, en particular los jóvenes, las familias, las mujeres, las víctimas del terrorismo, los líderes religiosos, culturales y educativos, así como los medios informativos y el sector privado, para prevenir el terrorismo, y el extremismo violento y la radicalización que conducen al terrorismo, entre otras cosas, contrarrestando los mensajes terro- ristas y extremistas violentos, y ofreciendo alternativas a dichos mensajes, especialmente en Inter- net, en las redes sociales y otros medios. Alentamos a los dirigentes políticos y a las figuras públicas destacadas, incluidos representantes de la sociedad civil y líderes religiosos, a que manifiesten, con firmeza y prontitud, su oposición al extremismo y la radicalización que conducen al terrorismo. (…)
12. Acogemos con agrado las actividades realizadas por las estructuras ejecutivas de la OSCE, incluidas las Instituciones, en el marco de sus mandatos y dentro de los recursos disponibles, para
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apoyar el cumplimiento de los compromisos de la OSCE en el ámbito de la prevención y la lucha contra el terrorismo, de conformidad con el enfoque integral de la seguridad de la OSCE.
13. Invitamos a los Socios de la OSCE para la Cooperación a que se sumen a la presente declaración.
II. Decisiones del Consejo Ministerial
Decisión Nº 3/16
Papel de la OSCE en la gestión de grandes desplazamientos de migrantes y refugiados
El Consejo Ministerial,
Reconociendo que los beneficios y las oportunidades de la migración regular, segura y ordenada son sustanciales y suelen subestimarse, mientras que la migración irregular, de grandes desplaza- mientos, suele plantear problemas complejos, y reconociendo también la importante contribución económica y social que pueden aportar los migrantes y los refugiados para el crecimiento integra- dor y el desarrollo sostenible,
Reconociendo la función dirigente de las Naciones Unidas,
Elogiando los esfuerzos realizados desde 2015 por las Presidencias serbia y alemana de la OSCE para que la Organización pueda abordar con más eficacia las cuestiones relacionadas con la ges- tión de esos desplazamientos,
Reconociendo las múltiples actividades específicas vinculadas con la migración y los refugiados que ya han llevado a cabo las estructuras ejecutivas de la OSCE en el marco de sus mandatos vigentes, así como los Estados participantes, basándose en los compromisos vigentes de la OSCE, los docu- mentos pertinentes de las Naciones Unidas y las políticas nacionales,
Tomando como base los intensos debates mantenidos en la OSCE, (…), (…)
2. Alienta a las estructuras ejecutivas de la OSCE a que, en el marco de sus mandatos vigentes y con los recursos disponibles, prosigan su labor sobre la cuestión de la migración, intensificando las actividades orientadas al intercambio de mejores prácticas, y mejorando el diálogo y la coope- ración con los Socios para la Cooperación, de modo que complemente las actividades realizadas por otros organismos y organizaciones internacionales pertinentes;
3. Alienta también a los Estados participantes a que utilicen la plataforma que brinda la OSCE, incluidos los órganos de trabajo adecuados de la Organización, para seguir abordando cuestiones relacionadas con la migración en las que la OSCE haya adquirido conocimientos especializados, y a que mejoren el diálogo sobre sobre temas relacionados con la migración, con miras a la posible elaboración de medidas efectivas y enfoques comunes para tratar esos temas.
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Decisión Nº 4/16
Fortalecimiento de la buena gobernanza y fomento de la conectividad
El Consejo Ministerial,
Reafirmando la importancia de todas las normas, los principios y los compromisos de la OSCE rela- cionados con nuestra cooperación en la dimensión económica y medioambiental, así como nuestro pleno respeto por todos ellos, y teniendo en cuenta el enfoque integral de la seguridad de la OSCE,
Reafirmando también los compromisos de la OSCE relativos a la lucha contra la corrupción, (…), (…)
Reconociendo que la buena gobernanza, la transparencia y la rendición de cuentas son condicio- nes esenciales para el crecimiento económico, el comercio, la inversión y el desarrollo sostenible, por lo que contribuyen a la estabilidad, la seguridad y el respeto de los derechos humanos en el área de la OSCE,
Reconociendo también que la corrupción y la falta de buena gobernanza pueden dar lugar a ten- siones políticas que socaven la estabilidad y la seguridad de los Estados participantes,
Reconociendo asimismo que la buena gobernanza, el Estado de derecho, la prevención y la lucha contra la corrupción, el blanqueo de capitales y la financiación del terrorismo; los marcos norma- tivos sólidos, incluida la protección adecuada de los denunciantes; un sector público basado en la integridad, la sinceridad, la transparencia y la responsabilidad, así como una buena gestión empre- sarial basada en la administración eficiente, la auditoría adecuada, la rendición de cuentas, y la adhesión y el respeto a las leyes, las normativas y las reglamentaciones, una deontología empresarial y códigos de conducta establecidos en estrecha consulta con las empresas y la sociedad civil, son ele- mentos esenciales para promover un entorno empresarial e inversor positivo en el área de la OSCE,
Acogiendo con beneplácito el hecho de que casi todos los Estados participantes han ratificado o son miembros de la Convención de las Naciones Unidas contra la Corrupción, y se están esfor- zando por cumplir los compromisos dimanantes de dicha Convención, (…)
Afirmando que la gestión transparente de los recursos públicos por parte de instituciones fuertes y eficientes, una administración pública profesional y efectiva, así como unos procesos presupues- tarios y de contratación pública racionales, son elementos importantes de la buena gobernanza,
Reconociendo la importancia de la participación activa del sector privado, incluidas las pequeñas y medianas empresas, la sociedad civil y los medios informativos, en la prevención y la lucha con- tra la corrupción y en la promoción de un entorno empresarial e inversor robusto,
Reconociendo también que los procesos y los acuerdos de integración regional y subregional pue- den dar un gran impulso al comercio y al desarrollo económico en el área de la OSCE y en los Estados participantes de la OSCE, (…)
Reafirmando que nuestra cooperación económica debe basarse en la solidaridad, la transparencia, la asociación en pie de igualdad y no discriminatoria, la responsabilidad mutua y el pleno respeto de
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los intereses de todos los Estados participantes de la OSCE, y que, si las actividades en la esfera eco- nómica repercuten negativamente en otros Estados participantes, intentaremos reducir al mínimo esa repercusión, de conformidad con nuestras obligaciones internacionales, (…)
Reconociendo la importancia de que el sector público y el sector privado respeten plenamente las normas laborales, sociales y medioambientales, así como la contribución de dichos sectores a la buena gobernanza y al desarrollo sostenible, (…)
Reafirmando los compromisos vigentes de la OSCE en el ámbito de la buena gobernanza, refor- zando nuestra determinación de combatir la trata de seres humanos en todas sus formas, y recono- ciendo el papel que pueden desempeñar la transparencia y la rendición de cuentas en los procesos de contratación pública para prevenir y combatir la trata de seres humanos y la explotación laboral,
Fortalecimiento de la buena gobernanza, fomento de la transparencia y mejora del entorno empre- sarial
1. Alienta a los Estados participantes a que se adhieran a la Convención de las Naciones Unidas con- tra la Corrupción, la ratifiquen y la apliquen, y a que intercambien información y prácticas recomen- dables sobre el segundo ciclo de examen de dicha Convención, tal y como se establece en la misma;
2. Alienta asimismo a los Estados participantes a que, si procede, apliquen y se adhieran a otras normas internacionales pertinentes, (…), y a que coadyuven a potenciar la participación de todas las partes pertinentes en su aplicación, incluidas la sociedad civil y la comunidad empresarial, (…);
3. Alienta además a los Estados participantes a promover el intercambio de prácticas recomenda- bles entre todas las partes pertinentes que coadyuven a una buena gobernanza pública y empre- sarial, a fomentar la transparencia, y a prevenir y combatir la corrupción, también en la esfera medioambiental;
4. Insta a los Estados participantes a que sigan promoviendo la integridad, la responsabilidad y la rentabilidad en los procesos de contratación pública, entre otras cosas asegurándose de que los intereses privados no influyan indebidamente en las decisiones de los niveles correspondientes de la administración pública, y a que garanticen los requisitos de transparencia apropiados para las empresas que participen en licitaciones públicas;
5. Insta asimismo a los Estados participantes a que faciliten el acceso a la información estatal corres- pondiente, ampliando la responsabilidad del sector público y alentando la participación pública a través de la gobernanza electrónica;
6. Encarga a las estructuras ejecutivas pertinentes de la OSCE, incluidas las operaciones sobre el terreno, que, dentro de sus mandatos y los recursos de que disponen, contribuyan a intensificar la cooperación entre los Estados participantes, el sector privado y la sociedad civil, y que integren activamente al sector privado y a la sociedad civil en sus actividades para reforzar la buena gober- nanza, promover la transparencia y mejorar el entorno empresarial e inversor; (…)
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Fortalecimiento de la buena gobernanza mediante la adhesión a normas laborales, sociales y medioambientales
15. Alienta a los Estados participantes a que faciliten el comercio y el transporte seguro e impidan al mismo tiempo el tráfico ilícito, de conformidad con las normas pertinentes del derecho interna- cional y los acuerdos en los que son parte los Estados participantes de la OSCE, y a que intensifi- quen sus esfuerzos orientados a superar obstáculos tales como la explotación laboral y los lugares de trabajo insuficientemente reglamentados e inspeccionados;
16. Invita a los Estados participantes a que procuren mejorar su aplicación de las normas labora- les, sociales y medioambientales internacionalmente reconocidas en las Naciones Unidas, la OIT y, si procede, la OCDE;
17. Alienta a los Estados participantes a que, en cooperación con el sector privado, promuevan un consumo sostenible y métodos de producción basados en las normas laborales, sociales y medioam- bientales internacionalmente reconocidas;
18. Encarga a las estructuras ejecutivas pertinentes de la OSCE, incluidas las operaciones sobre el terreno, que, dentro de sus mandatos y los recursos de que disponen, ayuden a los Estados parti- cipantes a compartir prácticas recomendables sobre la forma de mejorar la concienciación acerca de la pertinencia de las normas laborales, sociales y medioambientales internacionalmente reco- nocidas, y a reforzar la buena gobernanza y promover la transparencia en los procesos de contra- tación pública;
Refuerzo de los regímenes de asociación público-privada en la lucha contra la corrupción, el blan- queo de capitales y la financiación del terrorismo
19. Alienta a los Estados participantes a que faciliten la cooperación entre las fuerzas de seguridad, la judicatura y los servicios de información financiera, así como otros agentes pertinentes, y tam- bién entre los sectores público y privado y la sociedad civil, incluidos los medios informativos, a fin de combatir la corrupción, el blanqueo de capitales y otros delitos financieros;
20. Encarga a las estructuras ejecutivas pertinentes de la OSCE, incluidas las operaciones sobre el terreno, que, dentro de sus mandatos y los recursos de que disponen, faciliten el diálogo y la coo- peración entre los gobiernos, el sector privado y la sociedad civil, a fin de respaldar las medidas en pro de la buena gobernanza, incluida la lucha contra la corrupción, el blanqueo de capitales y la financiación del terrorismo, y con el fin de hacer frente a los obstáculos que impiden el creci- miento económico y el desarrollo sostenible;
21. Se alienta a los Socios para la Cooperación a que pongan en práctica a título voluntario las dis- posiciones de la presente decisión.
Decisión Nº 5/16
Esfuerzos de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones
El Consejo Ministerial (…),
Reafirmando que los esfuerzos de los Estados participantes de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones serán
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conformes al derecho internacional, incluidos, entre otros documentos, la Carta de las Nacio- nes Unidas y el Pacto Internacional de Derechos Civiles y Políticos; el Acta Final de Helsinki; así como a sus responsabilidades de respetar los derechos humanos y las libertades fundamentales,
Acogiendo con agrado la resolución A/RES/70/237 de la Asamblea General de las Naciones Uni- das, y recalcando la importancia de los esfuerzos realizados por la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones que figuran en los informes presentados en 2010, 2013 y 2015 por el Grupo de expertos gubernamen- tales de las Naciones Unidas sobre los avances en la esfera de la información y las telecomunica- ciones en el contexto de la seguridad internacional,
Haciendo hincapié en la importancia de que las medidas de fomento de la confianza de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones complementen los esfuerzos realizados en ese ámbito a nivel mundial, regional y subregional,
Destacando la importancia de la comunicación entre autoridades a todos los niveles para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones, (…)
1. Respalda la adopción de la Decisión Nº 1202 del Consejo Permanente, de 10 de marzo de 2016, relativa a las medidas de fomento de la confianza de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones;
2. Subraya la importancia de que se apliquen las medidas vigentes de fomento de la confianza de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la informa- ción y las comunicaciones, y de que se elaboren nuevas medidas de fomento de la confianza (…);
3. Acoge con satisfacción las actividades de los Estados participantes para aplicar las medidas de fomento de la confianza existentes para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones y, a ese respecto, señala la importancia de actualizar permanentemente los puntos de contacto nacionales con objeto de facilitar el diálogo y la comunicación pertinentes;
4. Alienta a todos los Estados participantes a que contribuyan a la aplicación de las medidas de fomento de la confianza de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones;
5. Reconoce la importancia del intercambio de información efectivo entre los Estados participan- tes de la OSCE acerca de las medidas de fomento de la confianza de la OSCE para reducir los ries- gos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones y, entre otras cosas, de asegurar la rapidez de las comunicaciones entre las autoridades a nivel técnico y político, así como de elaborar procedimientos para mantener consultas con el fin de reducir los riesgos de percepción errónea y la posibilidad de que surjan tensiones militares o políticas, o con- flictos, que puedan derivarse del uso de las tecnologías de la información y las comunicaciones;
6. Tiene intención de explorar, en el marco del grupo de trabajo oficioso interdimensional esta- blecido en virtud de la Decisión Nº 1039 del Consejo Permanente, bajo los auspicios del Comité de Seguridad, formas de reforzar la labor de la OSCE como plataforma práctica para la aplicación constructiva y eficiente, y para la posible elaboración de nuevas medidas de fomento de la confianza
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destinadas a reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la informa- ción y las comunicaciones;
7. Invita a los Estados participantes de la OSCE a que presenten propuestas concretas a ese res- pecto, a más tardar el 30 de junio de 2017;
8. Alienta a las estructuras ejecutivas pertinentes de la OSCE a que ayuden a los Estados partici- pantes que lo soliciten a aplicar las medidas de fomento de la confianza de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicacio- nes, y a mejorar las capacidades y los procesos nacionales que sean del caso, dentro de los recur- sos disponibles; (…)
10. Subraya que las nuevas actividades de la OSCE para reducir los riesgos de conflicto dimanan- tes del uso de las tecnologías de la información y las comunicaciones, incluidas las realizadas por las estructuras ejecutivas pertinentes, deberán basarse en los esfuerzos realizados por la OSCE, estar en consonancia con los respectivos mandatos y con los compromisos de la OSCE, comple- mentar los esfuerzos realizados por las Naciones Unidas y otros foros internacionales y regiona- les, y organizarse en el marco de los recursos disponibles;
11. Invita a los Socios de la OSCE para la Cooperación a que mejoren el diálogo sobre los esfuer- zos para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones.
Decisión Nº 6/16
Mejorar el uso de la información anticipada sobre pasajeros
Nosotros, los Ministros de Asuntos Exteriores de los Estados participantes de la Organización para la Seguridad y la Cooperación en Europa,
Reiterando la necesidad de combatir el terrorismo, que constituye una de las amenazas más gra- ves para la paz y la seguridad internacionales, (…) (…)
Reiterando la Declaración Ministerial sobre la función de la OSCE en la lucha contra el fenómeno de los combatientes terroristas extranjeros (…), en la cual los Estados participantes de la OSCE se comprometieron a impedir la circulación de combatientes terroristas extranjeros mediante con- troles fronterizos efectivos y controles en la expedición de documentos de identidad y de viaje, intercambiar información en ese sentido, y aplicar las Decisiones Nº 7/03, 4/04, 6/06 y 11/09 del Consejo Ministerial relativas a medidas de seguridad en los documentos de viaje, respetando al mismo tiempo plenamente sus obligaciones en virtud del derecho internacional, incluido el dere- cho sobre los refugiados y en materia de derechos humanos, entre otras cosas para velar por que los autores, organizadores o patrocinadores de actos terroristas no utilicen de modo ilegítimo su condición de refugiados,
Declarando nuestra intención de detectar e impedir la circulación de combatientes terroristas extranjeros (…) (…)
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Decide que los Estados participantes de la OSCE asuman el compromiso de:
1. Implantar sistemas de información anticipada sobre pasajeros (API) (…) con el objetivo de obte- ner información de manera eficaz sobre pasajeros y/o tripulaciones por parte de las compañías aéreas que operen en sus territorios;
2. Considerar la posibilidad de crear en sus respectivos países un sistema interactivo para el inter- cambio de datos API (iAPI) (…);
3. (…) reconociendo que incumbe a los Estados garantizar la aplicación de medidas de seguridad adecuadas en los aeropuertos;
4. Colaborar con todas las partes interesadas pertinentes de sus países en la implantación de siste- mas nacionales de API y considerar la creación de una autoridad administrativa que, en represen- tación del resto de autoridades, reciba el conjunto de los diferentes tipos de datos sobre pasajeros a través de una ventanilla única con un solo punto de entrada de datos;
5. Aumentar el valor añadido de los datos API procurando llevar a cabo comprobaciones cruza- das y automatizadas de esos datos con las “listas de vigilancia” pertinentes, tanto nacionales como regionales e internacionales, en particular, con las bases de datos de Interpol y las Listas de san- ciones de las Naciones Unidas;
6. Facilitar asistencia en la implantación de sistemas de API con el fin de brindar apoyo a aquellos Estados participantes que lo soliciten;
Encomendamos a las estructuras ejecutivas de la OSCE que, en el marco de sus respectivos man- datos y los recursos disponibles:
7. Apoyen los esfuerzos internacionales destinados a concienciar acerca de los requisitos incluidos en las resoluciones 2178 (2014) y 2309 (2016) del Consejo de Seguridad de las Naciones Unidas en lo relativo a la información anticipada sobre pasajeros y evalúen las necesidades de asistencia téc- nica de los Estados participantes que la soliciten, además de determinar posibilidades de asisten- cia por parte de donantes en materia de capacitación;
8. Brinden apoyo en la implantación de sistemas de API a los Estados participantes que lo solici- ten, en colaboración con las organizaciones internacionales y regionales pertinentes.
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II. Decisiones del Consejo Ministerial
Decisión Nº 5/17
Fortalecimiento de las iniciativas de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones
El Consejo Ministerial (…),
Observando las enormes oportunidades que brindan las tecnologías de la información y las comu- nicaciones para el desarrollo social y económico, y que su importancia continúa aumentando para la comunidad internacional,
Reconociendo que los Estados participantes de la OSCE se benefician de un entorno abierto, seguro, estable, accesible y pacífico en lo que respecta a las tecnologías de la información y las comunicaciones,
Reafirmando que las iniciativas de los Estados participantes de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones serán conformes al derecho internacional, (…) así como a sus responsabilidades de respetar los derechos humanos y las libertades fundamentales,
Manifestando su preocupación ante el aumento de incidentes significativos en los que se utilizan malintencionadamente las tecnologías de la información y las comunicaciones, y subrayando que dichas tendencias negativas conllevan riesgos para la seguridad de todos los Estados participan- tes de la OSCE y sus ciudadanos, así como de los sectores público y privado, (…)
Reconociendo la necesidad de seguir mejorando las iniciativas de la OSCE para continuar fomen- tando la confianza y para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones,
Decide:
1. Seguir aplicando todas las decisiones relativas a medidas de fomento de la confianza adoptadas por la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la infor- mación y las comunicaciones, con el fin de promover un entorno abierto, seguro, estable, accesi- ble y pacífico de las tecnologías de la información y las comunicaciones, en consonancia con los compromisos pertinentes de la OSCE;
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2. Determinar las formas de reforzar y optimizar la labor de la OSCE en su calidad de plataforma práctica para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la infor- mación y las comunicaciones y, al mismo tiempo, proseguir con la labor del Grupo de Trabajo informal interdimensional establecido en virtud de la Decisión Nº 1039 del Consejo Permanente;
3. Alentar a las estructuras ejecutivas de la OSCE a que, en el marco de sus mandatos y dentro de los recursos disponibles, ayuden a los Estados participantes que lo soliciten a aplicar las medidas de fomento de la confianza de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones, y a mejorar las capacidades y los pro- cesos nacionales que sean del caso;
4. Invitar a los Socios de la OSCE para la Cooperación a que mejoren el diálogo sobre las iniciati- vas para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones.
Decisión Nº 6/17
Fortalecimiento de las iniciativas para prevenir la trata de personas
El Consejo Ministerial,
Reafirmando que la trata de personas es un delito grave y deleznable que viola la dignidad humana y que todos los aspectos de la lucha contra la trata de personas deben basarse sólidamente en el Estado de derecho y el respeto de los derechos humanos,
Reiterando nuestra enérgica condena de todas las modalidades de la trata de personas, incluida para fines de explotación laboral y sexual, la trata de niños, la delincuencia forzada, así como para fines de extracción de órganos, y reconociendo que la prevención de dicho delito es una prioridad,
Reiterando asimismo nuestro compromiso de abordar los factores que hacen que las personas sean más vulnerables a la trata, y recalcando la importancia de que se aplique un enfoque interdimen- sional e integral para luchar contra la trata, que requiera centrar la atención en aplicar medidas de prevención efectivas, (…)
Reiterando nuestro apoyo a la aplicación efectiva de la Convención de las Naciones Unidas con- tra la Delincuencia Organizada Transnacional y su Protocolo Adicional para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños, como marco jurídico internacio- nal para luchar contra la trata de personas, así como la importancia de que se aplique el Plan de Acción Mundial de las Naciones Unidas contra la Trata de Personas,
Recordando la pertinencia que tiene la Agenda 2030 para el Desarrollo Sostenible a fin de prevenir y combatir la trata de personas, así como la Convención de las Naciones Unidas sobre los Dere- chos del Niño (1989), para quienes se hayan adherido a la misma,
Tomando nota de que la mejora de la cooperación y la coordinación judicial y de las fuerzas de seguridad entre los Estados participantes y los Socios para la Cooperación, incluida la seguridad y gestión efectivas de las fronteras, puede coadyuvar a prevenir la trata de personas, entre otras cosas al desarticular y desmantelar organizaciones delictivas transnacionales conexas y enjuiciar a los culpables,
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Destacando la importancia de que se apliquen las normas laborales internacionales, si procede, dentro de las medidas para prevenir la trata de personas, y tomando nota de los instrumentos labo- rales internacionales, (…), que contienen asimismo prácticas recomendadas relativas a la preven- ción de la trata de personas con fines de explotación laboral,
Elogiando a los Estados participantes que exigen que los contratistas que suministran bienes y ser- vicios a los gobiernos tomen medidas efectivas y adecuadas para abordar los riesgos de la trata de personas en sus cadenas de abastecimiento, incluyendo medidas orientadas a impedir que los subcontratistas y empleados participen en actividades que se sabe que pueden dar lugar a la trata. Elogiando también a los Estados que alientan al sector privado a que tenga presentes los riesgos de trata en sus propias operaciones y en las de sus subcontratistas y proveedores, con el fin de velar por que aborden tales riesgos anticipándose a ellos,
Reconociendo la contribución de la sociedad civil, incluidas las organizaciones religiosas, para pre- venir la trata de personas y ayudar a las víctimas de la misma,
Pide a los Estados participantes que:
1. Elaboren políticas de prevención adaptadas y basadas, según proceda, en la mejora de la inves- tigación y en información fidedigna recopilada de manera sistemática, con apoyo, entre otras cosas, de mecanismos nacionales tales como los relatores nacionales, cuando los haya, a fin de ampliar al máximo el efecto y las repercusiones de las medidas contra la trata en el plano nacio- nal e internacional;
2. Promuevan el diálogo y la cooperación entre los gobiernos, las organizaciones internacionales, la sociedad civil y el sector privado, incluidas las empresas, así como los sindicatos y las patronales en su calidad de interlocutores sociales, con miras a potenciar las iniciativas para prevenir la trata de personas, entre otras cosas, mediante una mayor concienciación acerca del papel que representa cada uno y facilitando el intercambio de información sobre la trata entre los países de origen, trán- sito y destino, incluidos los Socios para la Cooperación, reconociendo que es importante escuchar a las víctimas de la trata a la hora de elaborar estrategias efectivas para luchar contra la misma;
3. Sigan utilizando a la OSCE como plataforma de diálogo sobre la cooperación judicial y de las fuerzas de seguridad, así como sobre la seguridad y gestión de las fronteras, como elemento impor- tante para prevenir la trata de personas;
4. Promuevan programas de fomento de capacidades que sean multinacionales e intersectoriales y en los que participen múltiples organismos, que fomenten medidas para prevenir la trata de per- sonas en todas sus modalidades, prestando una atención especial a los factores que hacen que las personas sean más vulnerables a la trata;
5. Tomen las medidas adecuadas para luchar de manera efectiva contra la trata de personas, ela- borando procedimientos y cursos de formación armonizados, entre otros aspectos sobre la identi- ficación y la protección de las víctimas de la trata, que estén también destinados a las autoridades correspondientes, las organizaciones de la sociedad civil, los trabajadores sanitarios y los asistentes sociales, así como a otras personas que pudieran establecer un primer contacto con las víctimas;
6. Refuercen las iniciativas educativas y de concienciación, incluida la formación en materia de dere- chos humanos, y elaboren y pongan en práctica programas de habilitación que tengan en cuenta las necesidades particulares de mujeres, hombres, niñas y niños, a fin de mejorar la capacidad para reconocer, prevenir y combatir la trata de personas dentro de las comunidades;
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7. Adopten un enfoque centrado en las víctimas, con conocimiento de causa sobre sus traumas, y en ese sentido y en consonancia con la Decisión Nº 14/06 del Consejo Ministerial que tenga en cuenta el aspecto del género, que respete plenamente los derechos humanos y las libertades fun- damentales en todas las medidas de prevención y asistencia;
8. Reconozcan la contribución importante que pueden realizar los medios informativos a la preven- ción de la trata de personas, entre otras cosas, mediante la adopción de normas profesionales volun- tarias para informar de manera responsable y sensibilizada acerca de los casos de trata de personas;
9. Identifiquen, elaboren e intercambien prácticas recomendadas, incluidas las que figuran en la Adición de 2013 al Plan de Acción de la OSCE contra la Trata de Personas: Un decenio después, a fin de crear asociaciones nacionales y mundiales fructíferas entre los sectores público y privado para luchar contra la trata de personas, promover el respeto de los derechos humanos y la respon- sabilidad social de las empresas, entre otras cosas, a través de campañas de concienciación pública sobre el riesgo de la trata de personas en la producción y el abastecimiento de bienes, y en el sumi- nistro de servicios;
10. Alienten al sector privado a que adopte políticas y procedimientos para prevenir todas las modalidades de la trata de personas, a que participe activamente en las iniciativas con múltiples interesados, mejore la concienciación acerca de los riesgos de la trata, y tenga en cuenta prácticas recomendadas tales como la creación de mecanismos independientes de supervisión, verificación y certificación para documentar la observancia y la aplicación de códigos de conducta o de nor- mas deontológicas autoimpuestas, entre otras cosas mediante incentivos a las empresas para que actúen con la debida diligencia y transparencia a fin de prevenir el abuso y la explotación de tra- bajadores en sus cadenas de suministro, y a que propicie la igualdad de condiciones para empre- sas que actúen de modo responsable;
11. Promuevan políticas que complementen la legislación nacional y que tengan en cuenta si las empresas están tomando medidas adecuadas y efectivas para abordar los riesgos de la trata, tam- bién en cuanto a sus subcontratistas y empleados, a la hora de adjudicar contratos públicos para obtener bienes y servicios;
12. Tomen las medidas adecuadas para identificar y eliminar la contratación y las prácticas labo- rales abusivas y fraudulentas que puedan desembocar en la trata de personas con fines de explo- tación laboral, explotación sexual, delincuencia forzosa u otras modalidades de la trata, incluidas medidas para promover criterios inequívocos de inscripción en el registro oficial de agencias de contratación y colocación, y mediante el refuerzo de la función que desempeñan las autoridades competentes tales como los inspectores de trabajo;
13. Promuevan medidas para prevenir y abordar la utilización del trabajo forzoso por parte de per- sonal diplomático y personal de misiones diplomáticas, puestos consulares y organizaciones inter- nacionales, y fomenten una política de tolerancia cero hacia la trata por parte de dicho personal, y tengan en cuenta asimismo las prácticas internacionales recomendadas, como las recopiladas en el Manual de la OSCE para prevenir la trata de personas con fines de servidumbre doméstica en residencias del personal diplomático y proteger a los trabajadores domésticos privados, tomando nota de que muchas de esas medidas son conformes con la Convención de Viena sobre Relaciones Diplomáticas y la Convención de Viena sobre Relaciones Consulares, así como con los acuerdos de sede de organizaciones internacionales, y reconociendo que las Convenciones de Viena recogen la obligación de respetar las leyes y las normativas del Estado de acogida, con inclusión de aquellas concebidas para prevenir y abordar la trata de personas;
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14. Encomienden al Representante Especial y Coordinador para la Lucha contra la Trata de Per- sonas de la OSCE y, si procede, a otras estructuras ejecutivas pertinentes, de conformidad con sus mandatos y en coordinación con el Representante Especial de la OSCE, que prosigan la coopera- ción en la Alianza contra la trata de personas y otras plataformas regionales y mundiales, entre ellas el Grupo Interinstitucional de Coordinación contra la Trata de Personas;
15. Alienten a las estructuras ejecutivas pertinentes, de conformidad con sus mandatos y en coor- dinación con el Representante Especial y Coordinador para la Lucha contra la Trata de Personas de la OSCE, a que sigan realizando una investigación, en consulta con los Estados participantes, para organizar actividades de fomento de las capacidades a fin de facilitar asistencia a los Esta- dos participantes que lo soliciten para elaborar políticas y directrices que refuercen las iniciativas para prevenir la trata de personas;
16. Encomienden al Secretario General que examine las políticas y los procedimientos vigentes en materia de auditoría y presentación de informes, así como las salvaguardias en la contratación, y vele por que ninguna actividad de las estructuras ejecutivas de la OSCE, incluida la adjudicación de contratos para obtener bienes y servicios, contribuya en modo alguno a la trata, (…).
Decisión Nº 7/17
Fortalecimiento de las iniciativas para combatir todas las formas de trata de niños, especialmente con fines de explotación sexual, así como otras formas de explotación sexual de los niños
El Consejo Ministerial, (…)
Profundamente alarmado por la persistencia de todas las formas de trata de niños, tanto transna- cionales como internas, incluida la trata de niños con fines de explotación sexual y laboral, y rei- terando la necesidad de tomar medidas más enérgicas contra ello,
Reafirmando que el interés superior del niño deberá ser una consideración primordial en la toma de decisiones con respecto a los niños que hayan sido víctimas de la trata o de la explotación sexual, así como la importancia de que se respeten las necesidades especiales de los niños en términos de amparo y asistencia y que se brinde al niño la oportunidad de ser oído,
Consternado porque la explotación sexual de los niños puede tener consecuencias graves y perma- nentes para el desarrollo físico y psicológico de los niños y para su bienestar y, en muchos casos, es una de las formas de la trata de seres humanos, Reconociendo que todas las formas de trata de niños, especialmente con fines de explotación sexual, así como otras formas de explotación sexual de los niños atentan contra la dignidad humana y socavan el disfrute de los derechos humanos y las libertades fundamentales,
Considerando que todas las formas de trata de niños, especialmente con fines de explotación sexual, así como otras formas de explotación sexual de los niños constituyen delitos graves y atroces, con participación de la delincuencia organizada en muchos de los casos, que deben ser prevenidos, investigados, enjuiciados y sancionados,
Recordando que la Adición de 2013 al Plan de Acción de la OSCE contra la Trata de Personas pide a los Estados participantes que elaboren y apliquen políticas y medidas, entre ellas de cooperación entre las fuerzas policiales de los Estados participantes, dirigidas a impedir que el sector turístico
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sea utilizado para la trata de seres humanos en cualquiera de sus modalidades, especialmente con fines de explotación sexual de los niños,
Reconociendo que la explotación sexual de los niños en la industria de los viajes y el turismo, que también puede incluir los viajes de un país a otro, es un delito grave y contribuye a la demanda que fomenta la trata de niños con fines de explotación sexual,
Encomiando a los Estados participantes que colaboran con la industria de los viajes y el turismo, incluidas las líneas aéreas y otras modalidades de transporte, así como los hoteles, el sector de la hostelería en el sentido más amplio, la sociedad civil y las organizaciones internacionales pertinen- tes, por prevenir todas las formas de trata de niños, especialmente con fines de explotación sexual, así como otras formas de explotación sexual de los niños, y por establecer y aplicar procedimientos destinados a detectar, informar y enfrentarse a presuntos casos de trata de niños,
Subrayando que las tecnologías de la información y las comunicaciones (TIC) pueden desempe- ñar una función positiva en términos de educación, desarrollo y concienciación de los niños, pero que también se puede hacer un uso indebido de las mismas para facilitar el acceso a niños con fines de explotación o para hacer publicidad de ellos con fines de explotación sexual, y que tam- bién pueden usarse indebidamente las plataformas de las redes sociales para la captación de niños que podrían ser sometidos a explotación sexual, así como a cualquier otra forma de trata de niños,
Recordando que la Adición de 2013 al Plan de Acción de la OSCE contra la Trata de Personas pide a los Estados participantes que impartan formación a funcionarios de fronteras y miembros de las fuerzas de seguridad, así como a jueces, fiscales, personal de los servicios de migración, y a todo funcionario público que intervenga en esa esfera, sobre el uso de Internet y de otras tecnologías de la información y las comunicaciones para la trata de personas y sus delitos conexos, especial- mente todas las formas de trata de niños y de explotación sexual de los niños,
Preocupado por que los niños que accedan a pornografía en Internet puedan volverse insensibles a esta y ser más propensos a convertirse en víctimas de la explotación sexual o llegar a perpetrarla,
Tomando nota de que en el último decenio se han desarrollado nuevas formas tecnológicas de veri- ficación de la edad que podrían ayudar a proteger a los niños del acceso a la pornografía en Internet,
Expresando su preocupación por que en los flujos migratorios los niños, especialmente los menores no acompañados, pueden ser particularmente vulnerables a la trata de personas y a la explotación sexual, y que esos riesgos pueden ser mitigados por medio de unas instalaciones especializadas, una seguridad adecuada, una capacitación y un número suficiente de efectivos de personal, así como de personal femenino en las patrullas,
1. Alienta a la cooperación entre los Estados participantes, las organizaciones internacionales y la sociedad civil en la lucha contra todas las formas de trata de niños, especialmente con fines de explotación sexual, así como contra otras formas de explotación sexual de los niños, tomando nota de sus esfuerzos por combatir esos delitos;
2. Alienta a los Estados participantes a adoptar un enfoque centrado en las víctimas y con cono- cimiento de causa sobre sus traumas, que tenga en cuenta las respectivas inquietudes de género específicas tanto de las niñas como de los niños, que busque el interés superior del niño y que res- pete plenamente los derechos humanos y las libertades fundamentales de los niños que hayan sido sometidos a la trata o a la explotación sexual;
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3. Pide a los Estados participantes de la OSCE que aún no lo hayan hecho que consideren adoptar las medidas jurídicas que les permitan enjuiciar a sus ciudadanos por delitos sexuales graves con- tra los niños, incluso si esos delitos se cometen en otro país;
4. Pide a los Estados participantes de la OSCE que impidan todas las formas de trata de niños y de explotación sexual de los niños, también en destinaciones turísticas, a través de la educación y la concienciación, y que colaboren con el sector privado y la sociedad civil a fin de crear conciencia en la industria del turismo, así como entre los viajeros de negocios y los turistas, para ayudar a eli- minar la demanda que alimenta la trata de niños y la explotación sexual de los niños;
5. Pide a los Estados participantes de la OSCE que intensifiquen la cooperación y coordinación entre sus autoridades competentes, como las fuerzas policiales y los servicios de inmigración y fronte- ras de los Estados participantes, los Socios para la Cooperación y los Estados de destino que no se encuentren en la región de la OSCE, teniendo también en cuenta la posible adopción de medidas, en plena conformidad con las normativas nacionales y los marcos de protección de datos nacio- nales e internacionales, tales como: (a) Adoptar medidas administrativas adicionales en relación con los autores de delitos, tales como la creación de registros de delincuentes sexuales condenados por explotación o abuso sexual de niños, según proceda; (b) Cuando sea pertinente, establecer canales transnacionales de intercambio o recepción de infor- mación entre cuerpos policiales o autoridades judiciales sobre personas condenadas por explota- ción o abuso sexual de niños;
6. Insta a los Estados participantes a que enjuicien a los traficantes de seres humanos y a los auto- res de delitos relacionados con la explotación sexual de los niños, incluidos aquellos que hagan un uso indebido de las tecnologías de la información y las comunicaciones para reclutar a niños o facilitar el acceso a niños con el fin de someterlos a la trata o a la explotación sexual, e imponer sanciones que sean eficaces, disuasorias y proporcionadas al delito;
7. Pide a los Estados participantes que aún no lo hayan hecho que promuevan la aplicación de tecno- logías de verificación de la edad con miras a limitar el acceso de los niños a sitios web pornográficos;
8. Alienta a los Estados participantes a que pidan a las empresas del sector de las tecnologías de la información y las comunicaciones y de las redes sociales que retiren e impidan la distribución de contenido sobre abuso sexual infantil en línea, y que protejan a los niños combatiendo la cap- tación de menores perpetrada en línea por traficantes de seres humanos para cualquier forma de trata de niños, así como para otras formas de explotación sexual de los niños, también mediante el desarrollo de nuevas herramientas y tecnologías;
9. Pide a los Estados participantes que, según proceda y protegiendo al mismo tiempo los datos personales contra su uso delictivo, compartan información acerca de la trata de niños y la explota- ción sexual de los niños con la base de datos de imágenes sobre explotación sexual infantil (ICSE) de la Interpol, que es una plataforma para la identificación de víctimas en todo el mundo que tam- bién puede ayudar a identificar a los traficantes y a sus colaboradores y rastrear el flujo financiero para desmantelar redes criminales;
10. Pide a los Estados participantes que incrementen la capacitación especializada en tecnologías de la información y las comunicaciones para funcionarios de fronteras, miembros de las fuerzas de seguridad, jueces, fiscales, funcionarios de inmigración y otros funcionarios pertinentes, así como
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para profesores y profesionales de la salud, según corresponda, con objeto de combatir todas las formas de trata de niños, así como otras formas de explotación sexual de los niños;
11. Alienta a los Estados participantes a que creen conciencia pública sobre las vulnerabilidades de los niños en los flujos migratorios ante todas las formas de trata de niños, especialmente con fines de explotación sexual, así como ante otras formas de explotación sexual de los niños, para aumentar las capacidades y ampliar el alcance de los encargados de actuar en primera línea con la finalidad de identificar a niños víctimas de la trata y de otras formas de explotación sexual y pro- porcionarles protección, así como asistencia apropiada, y derivarlos para que reciban asistencia jurídica, así como reparaciones efectivas y otros servicios, según proceda, (…);
12. Encomienda a las estructuras ejecutivas pertinentes de la OSCE, de conformidad con sus man- datos y en colaboración con el Representante Especial de la OSCE y Coordinador para la Lucha contra la Trata de Personas, que sigan brindando asistencia a los Estados participantes que lo soli- citen en el cumplimiento de los compromisos contraídos en relación con todas las formas de trata de niños, especialmente con fines de explotación sexual, así como otras formas de explotación sexual de los niños;
13. Invita a los Socios de la OSCE para la Cooperación a compartir voluntariamente los compro- misos de los Estados participantes en la lucha contra todas las formas de trata de niños, especial- mente con fines de explotación sexual, así como otras formas de explotación sexual de los niños.
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I. Declaraciones del Consejo Ministerial y otras declaraciones
Declaración sobre el papel de los jóvenes en la contribución a las iniciativas en pro de la paz y la seguridad
1. Nosotros, (…), reconocemos que los jóvenes son una parte importante de la sociedad, y tam- bién el papel que estos pueden desempeñar para ayudar a los Estados participantes a cumplir sus compromisos en las tres dimensiones.
2. Recordamos los compromisos de la OSCE relacionados con los jóvenes, (…).
5. Reconocemos el papel que pueden desempeñar los jóvenes para contribuir a una cultura de paz, diálogo, justicia y de coexistencia pacífica, confianza y reconciliación.
6. Invitamos a los Socios para la Cooperación a que se adhieran voluntariamente a nuestra inicia- tiva haciendo suya esta declaración.
II. Decisiones del Consejo Ministerial
Decisión Nº 3/18
Seguridad de los Periodistas
El Consejo Ministerial,
Reafirmando todos los compromisos pertinentes de la OSCE sobre el derecho a la libertad de expre- sión, la libertad de los medios informativos y la libre circulación de la información, (…), en el que los Estados participantes reafirmaron que el derecho a la libertad de expresión incluye la libertad de tener opiniones y de recibir y difundir información e ideas sin injerencias de las autoridades públicas y sin limitación de fronteras,
Consciente de que todas las personas tienen derecho a la libertad de opinión y de expresión, de conformidad con la Declaración Universal de Derechos Humanos, en particular el Artículo 19, y el Pacto Internacional de Derechos Civiles y Políticos (ICCPR), en particular el Artículo 19, y que eso constituye una de las bases esenciales de una sociedad democrática, así como uno de los requisi- tos básicos para su progreso y desarrollo,
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Consciente, además, de que cualesquiera restricciones del derecho a la libertad de expresión han de estar estipuladas por la ley y ser necesarias por los motivos enunciados en el párrafo 3 del Artí- culo 19 del ICCPR,
Reafirmando que los medios informativos independientes son necesarios en una sociedad libre y abierta y en sistemas de gobierno responsables, y que tienen una importancia particular para salvaguardar los derechos humanos y las libertades fundamentales, (…),
Reconociendo que el periodismo y la tecnología están evolucionando, y que ello contribuye al debate público, aunque también puede ampliar la gama de riesgos que socavan la seguridad de los periodistas,
Constatando la importancia de promover y proteger la seguridad de los periodistas para la aplica- ción de los correspondientes Objetivos y Metas de Desarrollo Sostenible de la Agenda 2030 de las Naciones Unidas para el Desarrollo Sostenible,
Reconociendo que la labor de los periodistas puede exponerlos, tanto a ellos como a sus familias, al riesgo de sufrir violencia, así como intimidación y hostigamiento, también a través de la tec- nología digital, lo que puede disuadirlos de que continúen realizando su trabajo, o desembocar en la autocensura,
Constatando con inquietud que las medidas restrictivas indebidas tomadas contra periodistas pue- den repercutir en su seguridad e impedir que faciliten información al público, lo cual afecta nega- tivamente al ejercicio del derecho de la libertad de expresión,
Reiterando que los medios informativos en sus respectivos territorios deben tener acceso ilimi- tado a las noticias y los servicios de información extranjeros, que los ciudadanos disfrutarán de la misma libertad para recibir y difundir información e ideas, sin injerencias de las autoridades públicas y sin limitación de fronteras, incluso por medio de publicaciones y emisiones extranje- ras, y que toda restricción del ejercicio de este derecho se establecerá por ley y de conformidad con normas internacionales, tal y como se establece en el Documento de 1991 de la Reunión de Moscú de la Conferencia sobre la Dimensión Humana de la CSCE,
Preocupado por que las violaciones y los abusos del derecho a estar libres de injerencias arbitrarias o ilícitas en la esfera privada puedan afectar a la seguridad de los periodistas,
Profundamente preocupado por todos los abusos y las violaciones de los derechos humanos per- petrados con relación a la seguridad de los periodistas, incluidos los que implican el asesinato, la tortura, la desaparición forzada, el arresto arbitrario, la detención y la expulsión arbitrarias, la intimidación, el hostigamiento y las amenazas de todo tipo, físicas, legales, políticas, tecnológicas o económicas, con el fin de reprimir su trabajo,
Preocupado por los diversos riesgos que afrontan las mujeres periodistas en relación con su labor, también a través de la tecnología digital, y subrayando la importancia de garantizar la máxima seguridad posible para ellas, y que las experiencias y los problemas de las mujeres periodistas se aborden de manera efectiva,
Reconociendo la función crucial que desempeñan los periodistas en la cobertura electoral, con- cretamente al informar al público acerca de los candidatos, sus plataformas y los debates en curso, y manifestando su grave preocupación ante las amenazas y los ataques violentos a los que se enfren- tan los periodistas en ese sentido,
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Reconociendo además la importancia del periodismo de investigación, y que la capacidad de los medios informativos para investigar y publicar los resultados de sus indagaciones, también en Inter- net, sin temor a sufrir represalias, puede desempeñar una función importante en nuestras socie- dades, especialmente para exigir responsabilidades a las instituciones y los funcionarios públicos,
Alarmado por que el aumento de las campañas específicas que socavan la labor de los periodistas está erosionando cada vez más la confianza y la fe en la credibilidad del periodismo, y reconociendo que eso puede incrementar el riesgo de amenazas y violencia contra los periodistas,
Alarmado asimismo ante casos en los que dirigentes políticos, funcionarios públicos u otras auto- ridades intimidan, amenazan, toleran o no condenan la violencia contra periodistas,
Manifestando su honda preocupación ante la amenaza creciente para la seguridad de los periodis- tas que suponen, entre otros, los grupos terroristas o las bandas criminales,
Poniendo de relieve también los riesgos particulares en relación con la seguridad de los periodis- tas en la era digital, entre otras cosas la situación especialmente vulnerable de convertirse en un objetivo de la piratería informática o de la vigilancia y la interceptación ilícitas o arbitrarias de las comunicaciones, lo que socava el ejercicio de su derecho a la libertad de expresión y su derecho a estar libres de injerencias arbitrarias o ilícitas en su esfera privada,
Reiterando que los Estados participantes condenan todo ataque y hostigamiento contra periodis- tas, y que se esforzarán por que los responsables directos de tales ataques y hostigamientos rindan cuentas ante la justicia, (…), y reconociendo también que la rendición de cuentas por la comisión de delitos contra periodistas es un elemento clave para la prevención de futuros ataques, (…)
Observando con preocupación el clima de impunidad que prevalece cuando no se castigan los ata- ques violentos cometidos contra periodistas, y reconociendo el papel de los gobiernos, los legisla- dores y el poder judicial a la hora de crear un entorno de trabajo seguro y garantizar la seguridad de los periodistas mediante, entre otras cosas, la condena pública y el enjuiciamiento de todos los responsables de delitos cometidos contra periodistas, (…)
Recordando las resoluciones (…), de las Naciones Unidas, en las que se condenan todas las vio- laciones y abusos cometidos contra los periodistas, los profesionales de los medios de comunica- ción y el personal asociado en situaciones de conflicto armado, y en las que se establece que los periodistas, los profesionales de los medios de comunicación y el personal asociado que realicen misiones profesionales peligrosas en zonas de conflicto armado deberán considerarse civiles y ser protegidos como tales, siempre que se abstengan de emprender acciones que afecten negativa- mente a su estatus de civiles,
Pide a los Estados participantes que:
1. Cumplan plenamente todos los compromisos de la OSCE y sus obligaciones internacionales en relación con la libertad de expresión y la libertad de los medios informativos, también mediante el respeto, la promoción y la protección de la libertad de investigar, recibir y difundir información sin limitación de fronteras;
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2. Adapten sus leyes, políticas y prácticas relativas a la libertad de los medios informativos para que cumplan plenamente sus obligaciones y compromisos internacionales, y que las revisen y, en caso necesario, las deroguen o modifiquen para que no limiten la capacidad de los periodistas de desempeñar su trabajo de forma independiente y sin injerencias indebidas;
3. Condenen pública e inequívocamente todos los ataques y actos de violencia contra periodistas, como asesinatos, torturas, desapariciones forzadas, arrestos arbitrarios, detenciones y expulsiones arbitrarias, intimidaciones, hostigamientos y amenazas de cualquier tipo, ya sean físicas, legales, políticas, tecnológicas o económicas, que se utilicen para reprimir su trabajo y/o para forzar inde- bidamente la clausura de sus oficinas, especialmente en situaciones de conflicto;
4. Condenen también pública e inequívocamente los ataques contra mujeres periodistas en rela- ción con su trabajo, como el acoso sexual, abusos, intimidaciones, amenazas y violencia, también a través de las tecnologías digitales;
5. Insten a que se libere inmediata e incondicionalmente a todos los periodistas que hayan sido arrestados o detenidos arbitrariamente, tomados como rehenes o que hayan sido víctimas de des- apariciones forzadas;
6. Tomen medidas eficaces para poner fin a la impunidad con respecto a los delitos cometidos con- tra periodistas, garantizando la rendición de cuentas como elemento clave para prevenir futuros atentados, en particular velando por que los organismos encargados de hacer cumplir la ley rea- licen investigaciones rápidas, eficaces e imparciales de los actos de violencia y las amenazas con- tra periodistas, a fin de llevar a todos los responsables ante la justicia y garantizar que las víctimas tengan acceso a recursos adecuados;
7. Insten a los líderes políticos, los funcionarios públicos y/o las autoridades a que se abstengan de intimidar, amenazar o tolerar la violencia contra los periodistas, y a que la condenen inequívoca- mente, a fin de reducir los riesgos o amenazas a los que pueden enfrentarse los periodistas y evitar que se socave la confianza en la credibilidad de los periodistas, así como el respeto a la importan- cia del periodismo independiente;
8. Se abstengan de interferir arbitraria o ilegalmente en el uso de tecnologías de encriptado y ano- nimato por parte de los periodistas, y se abstengan también de emplear técnicas de vigilancia ile- gal o arbitraria, señalando que tales actos infringen el disfrute de los derechos humanos por los periodistas y pueden ponerlos en peligro de sufrir violencia y amenazas a su seguridad;
9. Alienten a los órganos estatales y a los organismos encargados de hacer cumplir la ley a que lle- ven a cabo actividades de concienciación y formación sobre la necesidad de garantizar la seguri- dad de los periodistas, y a que promuevan la participación de la sociedad civil en esas actividades, cuando proceda;
10. Establezcan o refuercen, cuando sea posible, a nivel nacional, labores de recopilación de datos, análisis y elaboración de informes sobre atentados y violencia contra los periodistas;
11. Se aseguren de que las leyes de difamación no conllevan sanciones o penas excesivas que pue- dan socavar la seguridad de los periodistas y/o censurar efectivamente a los periodistas e interfe- rir en su misión de informar al público y, cuando sea necesario, revisen y deroguen dichas leyes, de conformidad con las obligaciones de los Estados participantes en virtud del derecho interna- cional en materia de derechos humanos;
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12. Pongan en práctica de manera más eficaz el marco jurídico aplicable para la protección de los periodistas y todos los compromisos pertinentes de la OSCE;
13. Cooperen plenamente con el Representante de la OSCE para la Libertad de los Medios de Comu- nicación, también en la cuestión de la seguridad de los periodistas;
14. Alienten al Representante de la OSCE para la Libertad de los Medios de Comunicación a que siga defendiendo y promoviendo la seguridad de los periodistas en todos los Estados participan- tes de la OSCE, de conformidad con su mandato.
Decisión Nº 4/18
Prevenir y combatir la violencia contra la mujer
El Consejo Ministerial,
Reafirmando que el fomento y la protección de la igualdad de derechos y oportunidades para todos son esenciales para la democracia y el desarrollo económico, y por tanto para la seguridad, la esta- bilidad y la paz sostenibles en el área de la OSCE,
Decidido a velar por que las mujeres y las niñas disfruten plena y equitativamente de los derechos humanos y las libertades fundamentales, (…)
Consciente de la importancia que tiene prevenir y combatir la violencia contra las mujeres y las niñas para la aplicación de los Objetivos de Desarrollo Sostenible de la Agenda 2030 de las Nacio- nes Unidas para el Desarrollo Sostenible,
Reconociendo que la desigualdad entre hombres y mujeres es una causa primordial de la violen- cia contra las mujeres y las niñas y que, concretamente, la discriminación y las desigualdades eco- nómicas, incluida la falta de independencia económica, pueden incrementar la vulnerabilidad de las mujeres frente a la violencia,
Profundamente preocupado por la persistencia de la violencia contra mujeres y niñas en todas sus modalidades, que es uno de los obstáculos más generalizados que impide que puedan disfrutar plenamente de todos los derechos humanos y que las mujeres puedan participar de manera plena, equitativa y efectiva en la vida política, económica y pública,
Constatando que la violencia contra mujeres y niñas puede causar la muerte, el sufrimiento o daños físicos, sexuales, psicológicos, económicos, políticos y sociales a niñas y mujeres de todas las edades, y ocasiona directa o indirectamente costes sociales, políticos y económicos a corto y largo plazo,
Constatando asimismo que la violencia contra mujeres y niñas adopta muchas formas, que pue- den incluir violencia doméstica, violencia sexual, prácticas perjudiciales, trata de personas, explo- tación sexual y de otro tipo, así como acoso sexual,
Reconociendo que las mujeres y las niñas pueden padecer muchos tipos diferentes de discrimi- nación, a veces combinados entre sí, lo que las expone a un riesgo mayor de sufrir esa violencia, y que tales combinaciones pueden provocar más discriminación,
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Reconociendo asimismo la importante función que desempeñan las fuerzas armadas, los organis- mos encargados del cumplimiento de la ley, los sistemas judiciales y otros profesionales del dere- cho, a la hora de abordar todas las formas de violencia contra las mujeres y las niñas,
Reconociendo además que los abusos, las amenazas y el acoso, incluido el acoso sexual, son cada vez más frecuentes, especialmente a través de las tecnologías digitales, y pueden llegar a silenciar la voz de las mujeres y las niñas en la esfera pública,
Teniendo presente que las mujeres que se dedican a actividades profesionales que conllevan una presencia pública, o en interés de la sociedad, tienen más probabilidades de estar expuestas a for- mas específicas de violencia o de abusos, amenazas y acoso que guardan relación con su trabajo,
Considerando que la adolescencia es una fase importante en el desarrollo social de una persona, y reconociendo que esa fase suele verse afectada por persistentes desigualdades, actitudes, com- portamientos y estereotipos negativos en materia de género que pueden exponer a las niñas y a las mujeres jóvenes a un riesgo mayor de sufrir discriminación y violencia,
Reconociendo la importancia de que los hombres y los niños participen activamente en las ini- ciativas para eliminar la discriminación y todas las formas de violencia contra mujeres y niñas, abordando, entre otras cosas, las causas primordiales de la violencia y la desigualdad de género, y mejorando la concienciación en cuanto a las repercusiones que tienen las actitudes, los compor- tamientos y los estereotipos negativos en materia de género que pueden subyacer en la discrimi- nación y la violencia, y perpetuarlas,
Observando las iniciativas de la Red MenEngage de la OSCE* para mejorar la concienciación acerca de la importante función que pueden desempeñar los hombres y los niños para eliminar la discri- minación y todas las formas de violencia contra las mujeres y las niñas,
Reconociendo que el acoso sexual en el espacio público y privado, concretamente en el entorno laboral y en los centros docentes, tiene repercusiones negativas en el pleno disfrute de los derechos humanos y la igualdad de oportunidades por parte de las mujeres y las niñas, en detrimento de su capacidad para conservar su puesto de trabajo o progresar en su carrera y en los centros docentes,
Reconociendo asimismo la función de la sociedad civil como actor importante junto al gobierno, también en el plano local, para prevenir y combatir la violencia contra mujeres y niñas,
Tomando nota de la labor de la Asamblea Parlamentaria para combatir la violencia contra la mujer, Insta a los Estados participantes a que:
1. Garanticen el acceso a la justicia, la investigación efectiva y el enjuiciamiento de los autores, y faci- liten, a la vez que respetan sus derechos y su esfera privada, protección, rehabilitación y apoyo a la reinserción adecuados para las víctimas de todas las formas de violencia contra mujeres y niñas;
2. Tomen medidas, entre otras cosas mediante campañas de concienciación y fomento de las capa- cidades de las fuerzas armadas, los organismos encargados del cumplimiento de la ley, los sistemas judiciales y otros profesionales del derecho, para prevenir y combatir todas las formas de violen- cia contra mujeres y niñas;
* La Red MenEngage de la OSCE no es una red afiliada a MenEngage Alliance. La Red MenEngage de la OSCE es una red cerrada dentro de la OSCE.
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3. Adopten medidas, si procede, para promover la educación en materia de igualdad de género, derechos humanos y conducta no violenta, contribuyendo así a prevenir todas las formas de vio- lencia contra mujeres y niñas, que pueden incluir: prácticas perjudiciales, violencia sexual, violen- cia doméstica, así como acoso sexual;
4. Organicen campañas de concienciación acerca de los riesgos de formas específicas de violencia que afectan a las mujeres y a las niñas, entre otros medios a través de las tecnologías digitales, así como sobre sus derechos y el apoyo disponible para las víctimas de ese tipo de violencia;
5. Tomen medidas para abordar la violencia, los abusos, las amenazas y el acoso dirigidos contra las mujeres, incluso a través de las tecnologías digitales;
6. Tomen también medidas, en consulta con empresas del ámbito de las tecnologías de la informa- ción y la comunicación (TIC), para abordar las formas específicas de violencia que afectan a las mujeres y las niñas a través de las tecnologías digitales;
7. Alienten a todos los agentes pertinentes, incluidos los relevantes en el proceso político, a que contribuyan a prevenir y combatir todas las formas de violencia contra la mujer, incluidas las que participan en actividades profesionales que conllevan una presencia pública o en interés de la socie- dad, entre otros medios planteando esa cuestión en los debates públicos y desarrollando iniciati- vas de concienciación y otras medidas adecuadas, teniendo en cuenta asimismo las repercusiones negativas de dicha violencia en las mujeres jóvenes;
8. Incorporen iniciativas en las estrategias y políticas nacionales pertinentes, a fin de promover la participación de hombres y mujeres en la tarea de prevenir y combatir la violencia contra muje- res y niñas, entre otras cosas mediante la puesta en práctica de actividades de concienciación cen- tradas en el papel positivo, equitativo y no violento que los hombres y los niños pueden jugar en ese sentido, y reconociendo y abordando las actitudes, comportamientos y estereotipos de género negativos que perpetúan esa violencia;
9. Tomen medidas para luchar contra el acoso sexual en el espacio público y privado, incluidos el entorno laboral y los centros docentes, y alienten a los empleadores públicos y privados a que apli- quen dichas medidas;
10. Tomen también medidas para facilitar el acceso equitativo de todas las niñas a una educación de calidad, y refuercen el empoderamiento económico y la independencia económica de las muje- res, entre otros medios velando por que se apliquen prácticas y políticas de empleo no discrimi- natorias, brindando un acceso equitativo a la educación y a la formación, ofreciendo igualdad de sueldos para el mismo trabajo, y acceso y control equitativos a los recursos económicos;
11. Alienten a la sociedad civil a que participe en la tarea de prevenir y combatir la violencia con- tra mujeres y niñas;
Encarga a las estructuras ejecutivas pertinentes de la OSCE que, de conformidad con sus mandatos:
12. Ayuden a los Estados participantes que lo soliciten a mejorar su marco jurídico y de políticas, así como a aplicar medidas para prevenir y combatir todas las formas de violencia contra muje- res y niñas;
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13. Sigan cooperando con las organizaciones internacionales y regionales pertinentes a fin de reco- pilar estadísticas y datos desglosados por género acerca de la incidencia de todas las formas de vio- lencia contra mujeres y niñas en el área de la OSCE;
14. Brinden apoyo a los Estados participantes y a las organizaciones de la sociedad civil para que haya un intercambio de buenas prácticas para prevenir y combatir todas las formas de violencia contra mujeres y niñas, entre otros medios a través de la participación de hombres y niños;
15. Apoyen a los Estados participantes que lo soliciten en la elaboración y la revisión de leyes, políticas y medidas para luchar contra el acoso sexual en el espacio privado y público, incluido el entorno laboral y los centros docentes;
16. Sigan velando por que se aplique plenamente y se examine la necesidad de reforzar o ampliar la formación relativa al Código de Conducta de la OSCE impartida a los miembros del personal y de las misiones de la OSCE, así como la política de la OSCE en relación con el entorno profe- sional de trabajo, insistiendo en un enfoque de tolerancia cero frente al acoso sexual, entre otros medios a través de iniciativas de los altos cargos administrativos.
17. Alienten a los Estados participantes y a las estructuras ejecutivas pertinentes de la OSCE a que consideren la idea de participar en actividades conjuntas con la Asamblea Parlamentaria de la OSCE y su Representante Especial para Cuestiones de Género.
Decisión Nº 5/18
Desarrollo del capital humano en la Era Digital
El Consejo Ministerial,
Recordando los principios y compromisos de la OSCE en los que se basa nuestra cooperación eco- nómica y teniendo en cuenta el enfoque integral de la OSCE en materia de seguridad, (…)
Considerando que las necesidades de las personas deben ser el eje del crecimiento económico y del desarrollo sostenible, y consciente de que la inversión en capital humano y la promoción del cono- cimiento y las aptitudes favorecen la participación económica, la integración social y el crecimiento sostenible, que son interdependientes y contribuyen a la prosperidad, la confianza, la estabilidad, la seguridad y la cooperación en el área de la OSCE,
Teniendo en cuenta las nuevas y rápidamente cambiantes consecuencias de la transformación digi- tal, que está favoreciendo el progreso y la prosperidad, pero también la posible aparición de nue- vos o mayores desafíos y amenazas,
Consciente de que los cambios en los mercados laborales causados por la transformación digital pueden ampliar las desigualdades sociales y económicas, y de que es necesario prestar más aten- ción al desarrollo del capital humano, particularmente para las mujeres, los jóvenes y las personas con discapacidad, en especial en sectores económicos que requieren mucha mano de obra y poca cualificación,
Reconociendo que el desarrollo del capital humano, incluso en el contexto digital, mediante su repercusión positiva en una mano de obra instruida y cualificada, en el desarrollo sostenible, y en
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la creación de riqueza y de puestos de trabajo, puede contribuir positivamente a que las economías y las sociedades sean más resistentes frente a la corrupción,
Decididos a fomentar el aprendizaje permanente y la formación vocacional y profesional a lo largo de toda la vida laboral, como herramientas esenciales para desarrollar el capital humano y reducir la actual brecha digital, particularmente para las mujeres y las niñas, en los ámbitos de la ciencia, la tecnología, la ingeniería y las matemáticas,
Reconociendo que hay oportunidades y retos asociados con los nuevos tipos de empleo generados por la transformación digital de la economía y que, aunque esos cambios en el mercado laboral pueden fomentar el crecimiento económico y la creación de empleo, algunos de los retos pueden repercutir en la estabilidad laboral y social, (…)
Reconociendo, en el contexto de la digitalización de la economía, la necesidad de reforzar la capa- cidad de adaptación de la mano de obra y de adaptar los marcos políticos o regulatorios que rigen el mercado laboral para promover las cuestiones siguientes: la creación de puestos de trabajo con pleno respeto de la dignidad humana y los derechos humanos; el crecimiento económico soste- nible e integrador; y la igualdad de oportunidades para la participación de hombres y mujeres en el mercado laboral,
Reconociendo asimismo el potencial del desarrollo del capital humano para contribuir a la aplica- ción de la Agenda 2030 de las Naciones Unidas para el Desarrollo Sostenible,
1. Alienta a los Estados participantes a que apoyen el desarrollo del capital humano, con el fin de gestionar la transición a economías cada vez más automatizadas y digitalizadas, especialmente mediante asociaciones entre los sectores público y privado y la colaboración entre múltiples inte- resados;
2. Alienta también a los Estados participantes a que promuevan el aprendizaje permanente, empe- zando por la educación temprana y continuando a lo largo de toda la vida laboral, como pilar esen- cial para gestionar esta transición;
3. Exhorta a los Estados participantes a que fomenten el acceso a una enseñanza de calidad y a las oportunidades de capacitación, reciclaje y mejora de la cualificación, con el fin de mejorar la inser- ción laboral, promoviendo el acceso no discriminatorio de las mujeres, los jóvenes y las perso- nas con discapacidad, y prestando especial atención a los que trabajan en sectores que requieren mucha mano de obra;
4. Alienta a los Estados participantes a que, si procede, promuevan la educación, la formación pro- fesional y el reciclaje laboral, en particular para mujeres y niñas, especialmente en los ámbitos de la ciencia, la tecnología, la ingeniería y las matemáticas, como medida esencial para reducir las brechas digitales y progresar en el empoderamiento de la mujer fomentando las oportunidades, especialmente en el ámbito de la economía;
5. Invita a los Estados participantes a que refuercen los marcos políticos e institucionales para faci- litar modelos empresariales innovadores y un clima inversor positivo, a fin de promover la crea- ción de empleo y el crecimiento económico integrador y sostenible;
6. Alienta a los Estados participantes a que involucren al sector privado, a la sociedad civil, a sin- dicatos y asociaciones profesionales, al mundo académico y a otros interesados pertinentes, en las
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tareas de identificar y resolver las necesidades en materia de desarrollo del capital humano, y de colaborar en el desarrollo y la aplicación de políticas y reglamentos que sean del caso;
7. Exhorta a los Estados participantes a que sigan estudiando las oportunidades y los retos asocia- dos con los nuevos tipos de empleo generados por la transformación digital de la economía, con miras también a garantizar una protección social adecuada;
8. Alienta a los Estados participantes a que redoblen los esfuerzos para luchar contra la corrup- ción en los sectores de la educación y la capacitación, así como a que promuevan el acceso equita- tivo y libre de corrupción a la educación, a los conocimientos informáticos y a las oportunidades de capacitación;
9. Alienta a los Estados participantes a que utilicen a la OSCE para fomentar el intercambio de buenas prácticas y promover las iniciativas de fomento de capacidades, de conformidad con las disposiciones de la presente decisión;
10. Alienta también a los Estados participantes a que incrementen la cooperación para el desarrollo del capital humano, incluso con las organizaciones internacionales pertinentes, en esferas como la facilitación y la ampliación del acceso a las instituciones educativas, de investigación y de capaci- tación, prestando especial atención al fomento de los conocimientos informáticos;
11. Encarga a las estructuras ejecutivas pertinentes de la OSCE, incluidas las operaciones sobre el terreno, que, en el marco de sus mandatos y dentro de los recursos disponibles, ayuden a los Esta- dos participantes que lo soliciten a aplicar las disposiciones de la presente decisión;
12. Alienta a los Socios de la OSCE para la Cooperación a que pongan en práctica, de manera voluntaria, las disposiciones enunciadas en la presente decisión.
Decisión Nº 6/18
Fortalecimiento de los esfuerzos para prevenir y combatir la trata de niños, incluidos los menores no acompañados
El Consejo Ministerial,
Profundamente alarmado por la prevalencia de la trata de niños, incluidos los menores no acompa- ñados, en todas sus formas, especialmente con fines de explotación sexual, trabajo forzado, delin- cuencia forzada, matrimonio forzado y extracción de órganos,
Reafirmando todos los compromisos de la OSCE para luchar contra la trata de niños, (…)
Profundamente preocupado por el gran número de menores no acompañados que están siendo vulnerables a la trata en los últimos años,
Reconociendo que la adopción de un enfoque centrado en las víctimas y con conocimiento de causa sobre sus traumas, que tenga en cuenta las respectivas inquietudes de género específicas tanto de las niñas como de los niños, que busque el interés superior del niño, es primordial para prevenir y proteger con eficacia a los niños de la trata de personas.
434 Milán 2018
Reconociendo que la colaboración entre los Estados, los encargados de actuar en primera línea y la sociedad civil, puede contribuir a salvaguardar a los niños, especialmente a los menores no acom- pañados, de ser sometidos a la trata de personas, (…)
Elogiando a los Estados participantes que han adoptado medidas legislativas especiales y de otro tipo para la pronta identificación, recepción y protección de los niños vulnerables a la trata, inclui- dos los menores no acompañados,
Reconociendo la importancia de la contribución de la sociedad civil, incluidas las organizaciones religiosas, entre otras cosas, a la labor de las autoridades nacionales para prevenir y combatir todas las formas de trata de niños, mediante mecanismos nacionales de lucha contra la trata, incluidos mecanismos nacionales de remisión, si procede, (…)
Pide a los Estados participantes que:
1. Adopten las medidas pertinentes para que todos los niños víctimas de la trata reciban un trato acorde con el principio de no discriminación, que responda a sus necesidades individuales y tenga en cuenta el interés superior del niño, brindándoles la oportunidad de ser escuchados, si procede, y apoyando y protegiendo sus derechos humanos;
2. Adopten un enfoque centrado en las víctimas, así como una aproximación informada sobre los traumas, que tenga en cuenta las preocupaciones específicas de género, de niñas y niños, que bus- que el interés superior del menor, y que respete plenamente los derechos humanos y las libertades fundamentales de los niños víctimas de la trata;
3. Proporcionen, si procede, a los servicios y organismos gubernamentales que entren en contacto con los niños, la orientación y la formación idóneas sobre el modo de identificar, informar, ayudar y proteger debidamente a los niños víctimas de la trata, de una forma adecuada a su edad y que tenga en cuenta las respectivas inquietudes de género específicas tanto de las niñas como de los niños, y consideren la posibilidad de impartir la formación pertinente a entidades del sector pri- vado que entren en contacto con niños víctimas de la trata;
4. Tomen medidas para proporcionar a los niños víctimas de la trata, cuando sea necesario y con carácter prioritario, un tutor cualificado y capacitado, o su equivalente, y/o un representante legal, con el fin de garantizar los intereses de los niños víctimas de la trata, incluidos los menores no acompañados, y de que sus tutores y/o sus representantes hagan los trámites necesarios para pres- tarles ayuda y buscar soluciones duraderas y sostenibles para ellos;
5. Aborden la situación de los niños víctimas de la trata, incluidos los menores no acompañados, mediante la creación de un marco para la protección del niño;
6. Promuevan mecanismos nacionales de lucha contra la trata, incluidos mecanismos de remisión nacionales, donde los haya, así como sistemas de protección de los niños, cuando proceda, que reconozcan las necesidades y los derechos de los niños víctimas de la trata; que incorporen una asistencia centrada en las víctimas y con conocimiento de sus traumas, adecuada a su edad; que apliquen un enfoque multidisciplinar que respete los derechos humanos y que tenga en cuenta las respectivas preocupaciones específicas relativas al género tanto de las niñas como de los niños y refleje, si procede, la información y las recomendaciones de supervivientes de la trata, a la hora
435 Milán 2018
de facilitar asistencia inmediata y buscar soluciones duraderas y sostenibles; así como que creen vías de remisión adecuadas para los niños;
7. Se ocupen de que, en la medida de lo posible, toda evaluación de las necesidades de un niño víc- tima de la trata tenga en cuenta sus intereses y sus opiniones, así como la necesidad de proporcio- narle cuidados, protección y seguridad;
8. Una vez se haya identificado a un niño como víctima de la trata, o cuando haya motivos razona- bles para creer que ha sido objeto de trata, tomen las medidas adecuadas para mantenerlo a salvo, en particular evitando que sufra abusos sexuales o de otro tipo, previniendo que pueda conver- tirse en víctima reincidente, de conformidad con las leyes nacionales, y contemplen la posibili- dad de no sancionar a las víctimas por su participación en actividades ilícitas, siempre que hayan sido obligadas a ello, ofreciendo programas de rehabilitación, reintegración y/o repatriación ade- cuados, cuando proceda;
9. Alienten a los encargados del cumplimiento de la ley o a otras autoridades pertinentes, si pro- cede, a que cooperen entre sí recopilando e intercambiando información, de conformidad con sus leyes nacionales respectivas, especialmente las relativas a la protección de datos personales, acerca de niños víctimas de la trata, con el fin de reforzar su protección y resolver el problema de los niños desaparecidos;
10. Refuercen la cooperación nacional, regional e internacional para prevenir y combatir la trata de niños, especialmente en lo que respecta a comunicar y compartir información acerca de niños víctimas de la trata, incluidos los menores no acompañados, con arreglo a sus respectivas leyes nacionales, especialmente a las relativas a la protección de datos personales;
11. Consideren la posibilidad de crear un punto de contacto nacional al que puedan dirigirse los funcionarios de otros países para hacer preguntas acerca de niños víctimas de la trata, especial- mente de los que han desaparecido y de los que tienen intención de regresar a sus respectivos paí- ses de origen;
12. Aumenten los esfuerzos para prevenir la trata de niños, luchar contra la cultura de la impuni- dad, y abordar y reducir la demanda que fomenta todas las formas de explotación;
13. Encarguen a las estructuras ejecutivas pertinentes de la OSCE que, de conformidad con sus mandatos, dentro de los recursos disponibles y en coordinación con el Representante Especial de la OSCE y Coordinador para la lucha contra la Trata de Personas, sigan ayudando a los Esta- dos participantes que lo soliciten a abordar todas las formas de trata de niños, entre otras cosas, ampliando al máximo los conocimientos existentes y velando al mismo tiempo por que no haya duplicación de esfuerzos ni de programas financiados.
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I. Declaraciones del Consejo Ministerial y otras declaraciones
Declaración sobre el fortalecimiento de la cooperación en la lucha contra la delincuencia organizada transnacional (…)
3. Reiteramos nuestra profunda inquietud acerca de los efectos negativos que tiene la delincuen- cia organizada transnacional para la seguridad y la estabilidad, que incluyen el aprovechamiento de las economías globalizadas y las sociedades abiertas, la socavación de los valores democráticos y la gobernanza, y la amenaza, tanto directa como indirecta, para la seguridad y la protección de los ciudadanos, así como para los derechos humanos y las libertades fundamentales.
4. Reafirmamos el papel primordial de los Estados participantes en la lucha contra la delincuen- cia organizada transnacional y subrayamos que la mejor manera de combatirla es garantizando el respeto de los derechos humanos, las libertades fundamentales y defendiendo el Estado de dere- cho, y destacamos la función clave que desempeña un sistema de justicia penal que sea eficaz, fia- ble, profesional, independiente y responsable para mantener la seguridad y la protección pública.
5. Reconocemos el papel central de las Naciones Unidas en la lucha contra la delincuencia organi- zada transnacional, así como la importancia de la labor realizada por las organizaciones interna- cionales pertinentes. Reiteramos que el concepto integral de la seguridad de la OSCE complementa las iniciativas mundiales para luchar contra la compleja amenaza que constituye la delincuencia organizada transnacional.
6. Subrayamos que la lucha contra la delincuencia organizada transnacional y sus causas origi- nales requiere que haya instituciones eficaces y democráticas que rindan cuentas a la ciudadanía, sistemas de justicia penal basados en el Estado de derecho, y la puesta en práctica de un enfoque holístico, integral y coherente a fin de prevenir y reducir las oportunidades de que las bandas delic- tivas organizadas actúen o se infiltren en la estructura de nuestras sociedades, las economías líci- tas y las instituciones, o se beneficien del producto de sus delitos.
7. Recordamos las herramientas y los mecanismos internacionales pertinentes que hay disponibles para ayudar a los Estados participantes a que hagan una autoevaluación y, si es necesario, perfec- cionen sus sistemas de justicia penal.
8. Reconocemos que la delincuencia organizada transnacional puede repercutir de maneras dife- rentes en diversos grupos dentro de la sociedad. Alentamos la cooperación entre todas las partes interesadas, entre ellas la sociedad civil, a fin de coadyuvar a desarrollar comunidades resilien- tes y elaborar respuestas integrales y medidas preventivas contra la delincuencia organizada
437 Tirana 2020
transnacional, que tengan en cuenta las necesidades, las inquietudes y los intereses de todos los grupos de la sociedad, amparen a las víctimas de delitos y les brinden acceso a los recursos que procedan, promoviendo al mismo tiempo la participación plena, equitativa y significativa de la mujer en las iniciativas para combatir la delincuencia organizada transnacional.
9. Subrayamos la importancia de reforzar la coordinación nacional y la cooperación internacional en la lucha contra la delincuencia organizada transnacional, incluido, cuando proceda, a través de la participación y los contactos directos entre las autoridades pertinentes, el intercambio de infor- mación y mejores prácticas, y la utilización de las herramientas que facilitan la OSCE, la ONUDD y otras organizaciones internacionales pertinentes.
10. Renovamos nuestro compromiso de mantener la lucha contra la delincuencia organizada transnacional entre las prioridades de la OSCE mediante la mejora del cumplimiento de las obli- gaciones internacionales correspondientes y los compromisos existentes de la OSCE. Reiteramos la tarea encomendada a las estructuras ejecutivas pertinentes de la OSCE de que informen perió- dicamente a los Estados participantes acerca de las actividades de la Organización relacionadas con el cumplimiento de los compromisos vigentes de la OSCE para luchar contra la delincuencia organizada transnacional, y alentamos la continuación de los debates entre los Estados partici- pantes acerca de este tema.
11. Invitamos a los Socios de la OSCE para la Cooperación a que se unan a nosotros respaldando la presente declaración.
II. Decisiones del Consejo Ministerial
Decisión Nº 6/20
Prevención y lucha contra la corrupción mediante la digitalización y el aumento de la transparencia
El Consejo Ministerial,
Recordando la importancia de promover la buena gobernanza, a través del aumento de la transpa- rencia entre otras cosas, y de prevenir y combatir la corrupción reforzando la seguridad, la esta- bilidad y el crecimiento económico y reafirmando los compromisos respectivos de la OSCE, (…), (…)
Reconociendo asimismo los riesgos que plantea la corrupción para la seguridad, la estabilidad, la democracia, la gobernanza eficaz y el desarrollo económico y social, así como la necesidad de pre- venir y combatir la corrupción en los planos internacional y nacional de un modo integral, entre otras cosas abordando los vínculos entre la corrupción y el blanqueo de capitales, y a través de la ejecución eficaz de medidas para la recuperación de activos y la mejora de la cooperación interna- cional y regional en ese sentido,
Reconociendo que es necesario intensificar los esfuerzos en materia de prevención y lucha con- tra la corrupción, también a través de la digitalización, respetando el Estado de derecho y prote- giendo los derechos humanos,
Reconociendo la función de la OSCE de apoyo a las iniciativas de los Estados participantes para la prevención y la lucha contra la corrupción,
438 Tirana 2020
Reconociendo que un sector público basado en la integridad, la apertura, la transparencia, la rendición de cuentas, la capacidad de respuesta y el Estado de derecho es decisivo para prevenir y combatir la corrupción, así como para conseguir un desarrollo y crecimiento económico dura- dero, mejorar el entorno empresarial y de inversión y ayudar a facilitar las iniciativas de los Esta- dos participantes para promover la integración social y las oportunidades para todos, también las mujeres y los jóvenes,
Reconociendo la importancia de la participación del sector privado, la sociedad civil y los medios informativos, así como de los círculos académicos, en las iniciativas para prevenir y combatir la corrupción y fortalecer la buena gobernanza, incluida la consecución real de los principios de transparencia y rendición de cuentas,
Reconociendo que unos servicios públicos electrónicos que sean accesibles, seguros y fiables y estén centrados en el usuario pueden desempeñar un papel clave para mejorar la eficiencia y la transpa- rencia de la administración pública y promover la confianza en la misma,
Reconociendo la importancia de los datos de la administración pública de libre consulta como herra- mienta para ayudar a prevenir y combatir la corrupción mediante el aumento de la responsabili- dad y la transparencia al permitir que los ciudadanos, de conformidad con las normas de derecho nacional, supervisen mejor la utilización de fondos públicos y el proceso de formulación de políticas,
Reconociendo la importancia de desarrollar y utilizar metodologías, indicadores objetivos y datos desglosados para medir el grado de corrupción y el efecto concreto de las medidas para luchar contra la corrupción, de conformidad con las normas de derecho nacional, así como para adoptar mejores políticas para luchar contra la corrupción basadas en pruebas concretas,
Consciente de la contribución de la Asamblea Parlamentaria al fomento del diálogo entre los par- lamentarios de la OSCE con miras a reforzar las normas de derecho fundamentales relativas a la prevención y la lucha contra la corrupción, (…)
1. Insta a los Estados participantes a prevenir y combatir la corrupción mediante: (a) La mejora de la buena gobernanza, incluidos los principios de transparencia y rendición de cuentas, así como el fomento de la integridad y la supervisión; (b) La utilización de herramientas digitales para reforzar la integridad y la rendición de cuentas de los proveedores de servicios públicos, con miras a ayudar a prevenir y combatir la corrupción y conseguir un desarrollo y crecimiento económico duradero, mejorar el entorno empresarial y de inversión y facilitar las iniciativas de los Estados participantes para coadyuvar a la inclusión social y la participación económica equitativa de las mujeres y de los jóvenes; (c) El aumento de la transparencia en la administración pública a través de la digitalización de procedimientos basados en documentos impresos y otros sistemas analógicos, en particular para la licitación pública y, cuando proceda, en los mecanismos existentes de declaración de ingresos y bienes de los funcionarios estatales y las personas políticamente expuestas, en la medida en que lo autoricen las normas de derecho nacional y respetando debidamente los datos de carácter con- fidencial y personal; (d) El fomento de la utilización de herramientas digitales para la detección temprana y la preven- ción de la corrupción, mediante la mejora de los procesos nacionales e internacionales de identi- ficación electrónica segura, de conformidad con las normas de derecho nacional que procedan;
439 Tirana 2020
(e) La introducción de herramientas digitales, cuando proceda, para reducir las cargas y los obs- táculos administrativos, y facilitar la interacción entre los ciudadanos, las empresas, las socieda- des y la administración pública; (f) La promoción de portales de servicios públicos electrónicos más transparentes, responsables, fiables y accesibles, a fin de facilitar el acceso libre a la información y a la prestación eficaz de ser- vicios públicos; (g) El fomento y la utilización de tecnologías digitales para reforzar y ampliar la capacitación en la lucha contra la corrupción, en cooperación, cuando proceda, con las organizaciones interna- cionales pertinentes en este ámbito; (h) El estímulo a la creación y la mejora de mecanismos destinados a asegurar la transparencia de la información sobre la titularidad de los beneficiarios efectivos, de conformidad con las nor- mas de derecho nacional; (i) El apoyo a la formación de los jóvenes, de conformidad con los sistemas educativos nacionales, acerca de la importancia de la buena gobernanza, incluida la transparencia, así como de la preven- ción y la lucha contra la corrupción, también a través de la promoción del dominio de las tecnolo- gías digitales, e incrementar las medidas de concienciación promoviendo, por ejemplo, iniciativas conjuntas y la colaboración entre los sectores público y privado y la sociedad civil; (j) La disminución de la brecha digital mediante el fomento y el respaldo de la competencia digital y la mejora del acceso a los recursos y aplicaciones en línea de la administración pública; (k) La adopción de las medidas adecuadas para velar por que se faciliten canales seguros y acce- sibles a los denunciantes, para crear y poner en práctica mecanismos jurídicos a fin de proteger eficazmente frente a las represalias a los denunciantes, y para alentar a las organizaciones perti- nentes a que establezcan y apliquen las salvaguardias necesarias, de conformidad con las normas de derecho nacional; (l) La adopción, de conformidad con las normas de derecho nacional, de un enfoque holístico que incluya a numerosos interesados a fin de incrementar la eficacia y mejorar la coordinación de las medidas e iniciativas contra la corrupción, incluido el fomento de la imposición de la responsabi- lidad social a las empresas; (m) El fomento de la participación plena, equitativa y significativa de la mujer en el desarrollo y la puesta en práctica de actividades pertinentes de lucha contra la corrupción, a fin de conseguir la igualdad de género y teniendo presente que la corrupción afecta de manera desproporcionada a las mujeres y a los colectivos vulnerables; (n) La mejora de la interacción y la cooperación internacional entre los interesados y las autorida- des pertinentes en el ámbito de la lucha contra la corrupción, con miras a promover el intercam- bio de información, experiencias, mejores prácticas y lecciones extraídas;
2. Alienta a los Estados participantes de la OSCE que aún no lo hayan hecho a que pasen a ser Estados Parte en la Convención de las Naciones Unidas contra la Corrupción y la apliquen de manera efectiva;
3. Anima a los Estados participantes a que aprovechen al máximo a la OSCE como plataforma de diálogo, cooperación e intercambio de información y mejores prácticas en el ámbito de la pre- vención y lucha contra la corrupción mediante la digitalización y el aumento de la transparencia;
4. Encarga a las estructuras ejecutivas pertinentes de la OSCE, incluidas las operaciones sobre el terreno, a que, en el marco de sus mandatos y dentro de los recursos disponibles, faciliten asistencia a los Estados participantes que lo soliciten para aplicar las disposiciones de la presente decisión, tam- bién mediante la cooperación con las organizaciones regionales e internacionales correspondientes;
440 Tirana 2020
5. Alienta a los Socios de la OSCE para la Cooperación a que pongan en práctica, de manera volun- taria, las disposiciones enunciadas en la presente decisión.
Decisión Nº 7/20
Prevención y erradicación de la tortura y otros tratos o penas crueles, inhumanos o degradantes
El Consejo Ministerial,
Condenando enérgicamente todas las formas de tortura y otros tratos o penas crueles, inhumanos o degradantes como una de las más flagrantes violaciones de los derechos humanos y la dignidad humana, y reafirmando que la tortura y otros tratos o penas crueles, inhumanos o degradantes están y seguirán estando prohibidos en todo momento y lugar,
Reafirmando que el derecho a no ser sometido a torturas ni a otros tratos o penas crueles, inhuma- nos o degradantes es inalienable en virtud del derecho internacional y que en ningún caso podrán invocarse circunstancias excepcionales, tales como estado de guerra o amenaza de guerra, ines- tabilidad política interna o cualquier otra emergencia pública, como justificación de la tortura,
Poniendo de relieve que la prohibición de la tortura es una norma imperativa del derecho interna- cional sin limitación territorial, que se aplica en todo momento y en todo lugar,
Profundamente preocupado por la persistencia de casos de tortura y otros tratos o penas crueles, inhumanos o degradantes en muchas partes del mundo, incluida el área de la OSCE, que prevale- cen como consecuencia, entre otras cosas, del cumplimiento incompleto de las obligaciones per- tinentes en virtud del derecho internacional y los compromisos de la OSCE, y de la impunidad permanente de los autores que suele existir por falta de una investigación y un enjuiciamiento dili- gentes, independientes y eficaces de esos delitos,
Profundamente preocupado por los actos de tortura y otros tratos o penas crueles, inhumanos o degradantes cometidos contra personas por ejercer sus derechos humanos y libertades funda- mentales,
Profundamente preocupado por el hecho de que la tortura y otros tratos o penas crueles, inhuma- nos o degradantes se utilicen para obtener información o una confesión, (…)
Profundamente preocupado por el hecho de que sigan produciéndose desapariciones forzadas en el área de la OSCE, lo que constituye una grave violación de los derechos humanos, (…),
Reconociendo que durante las situaciones de conflicto, incluidos los conflictos armados, así como los disturbios civiles y las protestas masivas, debe prestarse especial atención a la prevención de la tortura y otros tratos o penas crueles, inhumanos o degradantes,
Reafirmando que todos los Estados participantes deben cumplir plenamente las obligaciones que les incumben en virtud del derecho internacional humanitario y las normas internacionales de derechos humanos,
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Poniendo de relieve que, en virtud de los Convenios de Ginebra de 1949, los actos de tortura o los tratos inhumanos constituyen graves infracciones de esos convenios, que los actos de tortura y los tratos crueles en los conflictos armados son graves violaciones del derecho internacional humani- tario y, a ese respecto, constituyen crímenes de guerra, que los actos de tortura pueden constituir crímenes de lesa humanidad y que los autores de todos los actos de tortura deben ser enjuiciados y castigados de conformidad con una sentencia judicial,
Recordando a todos los Estados participantes que la detención prolongada en régimen de inco- municación o en lugares secretos puede facilitar la comisión de actos de tortura y la aplicación de otros tratos o penas crueles, inhumanos o degradantes y puede constituir de por sí una forma de esos tratos,
Reconociendo que la prevalencia de la corrupción, en los sistemas policial y judicial entre otros, puede tener efectos negativos en la lucha contra la tortura y otros tratos o penas crueles, inhuma- nos o degradantes, entre otras cosas, al socavar las salvaguardias fundamentales e impedir que las víctimas de la tortura y otros tratos o penas crueles, inhumanos o degradantes puedan exigir de manera efectiva justicia, reparación e indemnización a través del sistema judicial,
Destacando la importancia de las salvaguardias jurídicas y procesales efectivas en todas las etapas de la detención, incluidas las primeras etapas de la custodia policial, como medidas eficaces para la prevención de la tortura y otros tratos o penas crueles, inhumanos o degradantes,
Reconociendo que las mujeres y las niñas están particularmente expuestas a sufrir torturas y otros tratos o penas crueles, inhumanos o degradantes en las situaciones de privación de libertad, y reco- nociendo la importancia de adoptar un enfoque sensible a las cuestiones de género en la lucha contra la tortura y otros tratos o penas crueles, inhumanos o degradantes, que tenga en cuenta esa particular exposición y las necesidades específicas de las mujeres y las niñas, entre otras cosas prestando especial atención a la violencia sexual contra las mujeres y las niñas, así como a la vio- lencia de género contra las mujeres y las niñas, y teniendo en cuenta las Reglas de las Naciones Unidas para el Tratamiento de las Reclusas y Medidas No Privativas de la Libertad para las Muje- res Delincuentes (Reglas de Bangkok),
Reconociendo la importancia de adoptar un enfoque centrado en las víctimas en la lucha contra la tortura y otros tratos o penas crueles, inhumanos o degradantes, prestando especial atención a las opiniones y necesidades específicas de las víctimas y de sus familiares directos en la elabo- ración de políticas y otras actividades relacionadas con la rehabilitación, la prevención y la ren- dición de cuentas respecto de la tortura y otros tratos o penas crueles, inhumanos o degradantes,
Reconociendo que para combatir eficazmente la tortura y otros tratos o penas crueles, inhumanos o degradantes se requiere un enfoque integrado y centrado en las víctimas que abarque la preven- ción, el acceso a la justicia, la rendición de cuentas, la reparación y el derecho exigible jurídica- mente a una indemnización justa y adecuada, incluidos los medios para una rehabilitación lo más completa posible,
Reconociendo que los Estados participantes deben salvaguardar los derechos, y proteger los dere- chos humanos, de todas las personas privadas de libertad, incluidas las que han sido condenadas a pena de muerte, de conformidad con sus obligaciones internacionales
Reafirmando que todas las personas privadas de libertad serán tratadas con humanidad y con res- peto a la dignidad inherente a los seres humanos y reconociendo la importancia de que los Estados
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participantes adopten continuamente medidas apropiadas para mejorar las condiciones de detención a fin de velar por un mayor respeto de los derechos humanos y la dignidad de esas personas, (…),
Destacando los requisitos de la UNCAT de que todos los actos de tortura, consumados o en grado de tentativa, y los actos que constituyan complicidad o participación en la tortura se tipifiquen como delitos en el derecho penal interno y se castiguen con penas adecuadas que reflejen su gra- vedad, y de que ninguna información o confesión que se demuestre que ha sido obtenida mediante tortura pueda ser invocada como prueba en ningún procedimiento, en ninguna circunstancia, salvo en contra de una persona acusada de tortura como prueba de que se ha producido ese delito,
Reconociendo la función que pueden desempeñar los mecanismos de prevención internaciona- les, regionales y nacionales u otros órganos pertinentes, incluidas las instituciones nacionales de derechos humanos, en la prevención eficaz de los actos de tortura y otros tratos o penas crueles, inhumanos o degradantes, así como la importancia de colaborar con expertos internacionales encargados de prestar asistencia a los Estados participantes en sus esfuerzos por prevenir la tor- tura y otros tratos o penas crueles, inhumanos o degradantes,
Poniendo de relieve la necesidad de garantizar que ninguna autoridad o funcionario público ordene, aplique, permita o tolere sanción, represalia o intimidación alguna contra ninguna persona, grupo o asociación por ponerse en contacto, tratar de ponerse en contacto o haber estado en contacto con cualquier órgano o mecanismo nacional o internacional competente que se dedique a preve- nir y combatir la tortura y otros tratos o penas crueles, inhumanos o degradantes,
Destacando que los ordenamientos jurídicos nacionales deben garantizar que las víctimas de la tortura y otros tratos o penas crueles, inhumanos o degradantes tengan acceso efectivo a la jus- ticia, incluida una investigación diligente, imparcial y eficaz, sin sufrir ningún tipo de represalia por presentar denuncias o prestar testimonio, y que esas víctimas obtengan reparación y tengan el derecho exigible jurídicamente a una indemnización justa y adecuada, incluidos los medios para una rehabilitación lo más completa posible,
Encomiando los constantes esfuerzos de la sociedad civil, tanto en el plano nacional como en el internacional, por prevenir y combatir eficazmente la tortura y otros tratos o penas crueles, inhu- manos o degradantes, así como por mitigar el sufrimiento de las víctimas,
Subrayando la importancia de la cooperación entre la OSCE y otras organizaciones y mecanismos internacionales y regionales a fin de promover la cooperación multilateral y lograr sinergias efec- tivas, evitando la duplicación innecesaria de tareas, que pueden contribuir a prevenir y combatir eficazmente la tortura y otros tratos o penas crueles, inhumanos o degradantes, (…)
Pide a los Estados participantes que:
1. Mantengan la prohibición absoluta de todas las formas de tortura y otros tratos o penas crue- les, inhumanos o degradantes (…), que apliquen plenamente y de buena fe sus disposiciones, y que actúen de plena conformidad con todos sus principios; (…)
5. Abandonen y se abstengan de utilizar técnicas de interrogatorio que constituyan tortura y otros tratos o penas crueles, inhumanos o degradantes, entre otras cosas, para obtener información o una confesión;
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6. Apliquen salvaguardias jurídicas y procesales eficaces en todas las etapas de la detención, inclui- das las primeras etapas de la custodia policial;
7. Respeten las salvaguardias relativas a la libertad, seguridad y dignidad de la persona y se asegu- ren de que se eliminen la detención prolongada en régimen de incomunicación y los lugares secre- tos de detención e interrogatorio, en el entendimiento de que ese tipo de detención puede facilitar la comisión de actos de tortura y la aplicación de otros tratos o penas crueles, inhumanos o degra- dantes, y puede constituir de por sí una forma de tales tratos;
8. Tipifiquen como delitos en su derecho penal interno todos los actos de tortura, consumados o en grado de tentativa, y los actos que constituyan complicidad o participación en la tortura, incor- porando la definición de tortura que figura en el artículo 1 de la UNCAT y estableciendo penas adecuadas que reflejen su gravedad, y prohíban la utilización de toda información o confesión obtenida mediante tortura u otros tratos o penas crueles, inhumanos o degradantes como prueba en cualquier procedimiento, salvo en contra de una persona acusada de tortura como prueba de que se ha cometido ese delito;
9. Garanticen que toda persona detenida o presa, o su abogado, tenga derecho a presentar a las autoridades competentes una solicitud o denuncia relativa al trato de la persona detenida o presa, en particular cuando puedan haberse aplicado torturas u otros tratos o penas crueles, inhuma- nos o degradantes, y que dicha solicitud o denuncia se tramite con prontitud y se responda a la misma sin dilaciones indebidas, y que ni la persona detenida o presa ni ningún denunciante o tes- tigo sufran perjuicios o represalias como consecuencia de su solicitud, denuncia o cualquier tes- timonio prestado;
10. Incorporen la educación e información sobre la prohibición de la tortura y otros tratos o penas crueles, inhumanos o degradantes en la formación del personal de las fuerzas del orden, el per- sonal civil, militar y médico, los funcionarios públicos y otras personas que puedan participar en la custodia, el interrogatorio o el trato de toda persona sometida a cualquier forma de arresto, detención o prisión, incluida, según proceda, la relativa al uso proporcionado de la fuerza, todos los métodos científicos modernos disponibles para la investigación de delitos y la importancia fun- damental de denunciar a la superioridad los casos de tortura u otros tratos o penas crueles, inhu- manos o degradantes;
11. Apoyen los esfuerzos de los agentes nacionales pertinentes, como los mecanismos nacionales de prevención, las instituciones nacionales de derechos humanos u otros órganos o mecanismos nacionales que se dediquen a la prevención de la tortura y otros tratos o penas crueles, inhuma- nos o degradantes y, en el caso de los que han ratificado el Protocolo Facultativo, que cumplan su obligación de designar o establecer mecanismos nacionales de prevención que sean independien- tes, estén dotados de recursos suficientes y sean eficaces;
12. Velen por una cooperación plena y permanente de sus gobiernos, de conformidad con sus res- pectivas obligaciones en virtud del derecho internacional, con los órganos o mecanismos internacio- nales de prevención aplicables, (…) y con los órganos nacionales pertinentes, como las instituciones nacionales de derechos humanos, permitiendo asimismo el acceso sin restricciones a los lugares de detención si dicho acceso constituye una obligación para un Estado participante en virtud del derecho internacional;
13. Cooperen plenamente con el Comité Internacional de la Cruz Roja (CICR) de conformidad con las obligaciones de los Estados participantes en virtud del derecho internacional humanitario;
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14. Velen por que todas las denuncias de tortura u otros tratos o penas crueles, inhumanos o degra- dantes, así como aquellos casos en que haya motivos razonables para creer que se ha cometido un acto de esa índole, sean investigados con prontitud, eficacia, exhaustividad e imparcialidad por autoridades nacionales competentes e independientes, y garanticen la protección de denunciantes y testigos contra todo maltrato e intimidación como consecuencia de su denuncia o su testimonio;
15. Velen por que quienes alienten, instiguen, ordenen, toleren, consientan o perpetren actos de tortura u otros tratos o penas crueles, inhumanos o degradantes sean considerados responsables, puestos a disposición de la justicia y castigados de manera acorde con la gravedad del delito, inclui- dos los funcionarios encargados de cualquier lugar de detención u otro lugar en el que se prive a las personas de su libertad donde se haya determinado que se ha cometido el acto prohibido;
16. Proporcionen reparación a las víctimas de la tortura u otros tratos o penas crueles, inhumanos o degradantes, que abarque el derecho a un recurso efectivo y una reparación adecuada, efectiva y diligente, que debe incluir la restitución, una indemnización justa y adecuada, la rehabilitación, la satisfacción y garantías de no repetición de los hechos, teniendo plenamente en cuenta las nece- sidades específicas de cada víctima;
17. Velen por que todas las víctimas dispongan rápidamente y sin discriminación de servicios de rehabilitación adecuados, y adopten medidas eficaces para garantizar un entorno seguro y propi- cio para el acceso y la prestación de servicios de rehabilitación a las víctimas de la tortura;
18. Consideren la posibilidad de elaborar medidas para apoyar a todas las personas afectadas por la tortura u otros tratos o penas crueles, inhumanos o degradantes, incluidos los hijos de las víc- timas y otros familiares directos;
19. Promuevan la divulgación de información para las víctimas acerca de la disponibilidad de servicios de rehabilitación y garanticen que los procedimientos para obtener rehabilitación sean transparentes;
20. Apoyen los esfuerzos de las organizaciones de la sociedad civil por prevenir y combatir la tor- tura y otros tratos o penas crueles, inhumanos o degradantes, permitan su contribución activa, según proceda, y utilicen la información que les proporcionen sobre presuntos casos de tortura y otros tratos o penas crueles, inhumanos o degradantes;
21. Adopten medidas apropiadas y eficaces de carácter legislativo, administrativo, judicial y de otra índole para prevenir y prohibir la producción, el comercio, la exportación, la importación y el empleo de material que no tenga otro uso práctico que el destinado a infligir torturas u otros tra- tos o penas crueles, inhumanos o degradantes;
22. Sigan recurriendo, o consideren la posibilidad de recurrir, al asesoramiento, los conocimien- tos especializados y la asistencia técnica de la OIDDH en la esfera de la prevención y la lucha con- tra la tortura y otros tratos o penas crueles, inhumanos o degradantes.
445 Índice
A chovinismo 127, 129, 135, 137, 142 – véase también tolerancia y no discriminación abolición de la pena de muerte – véase pena de muerte circulación, libertad de 70, 72
Alto Comisionado para las Minorías ciudadanía – véase nacionalidad Nacionales (ACMN) 108, 116, 123–127, Código de Conducta sobre los aspectos políti- 130, 138, 141, 147, 151, 153, 156, 167, 168, co-militares de la seguridad 134, 167, 181 172, 191, 196, 224, 225, 230, 232, 233, 237, 267, 337, 364, 371 – véase también minorías compensación, derecho a 54, 95, 330, 340 nacionales comunicación, derecho de – véase libertad antisemitismo 67, 72, 85, 100, 119, 123, 124, de expresión, información y medios de 127, 129, 135, 137, 142, 156, 168, 172, 189, comunicación libres 190, 236, 247, 248, 249, 282, 283, 311, 334, comunicaciones electrónicas, protección 356, 392 – véase también tolerancia y no de 95 discriminación conciencia, objeción de 62 – véase también antiterrorismo – véase terrorismo libertad de pensamiento, conciencia, reli- apátridas – véase personas apátridas gión o creencia
apelar, derecho a 39 condenas alternativas 95
aplicación. – véase obligación de aplicar Consejo de Europa, cooperación con 64, 67, 80, 87, 101, 103, 116, 117, 127, 142, 150, 153, arresto arbitrario 41, 286, 426, 428 162, 173, 184, 200, 205, 238, 293, 301, 342, Asamblea Parlamentaria 134, 152, 156, 157, 358 169, 197, 239, 248, 261, 268, 317, 323, 324, contactos entre personas 9, 30, 44, 52, 55, 62, 333, 343, 353, 371, 376, 391, 432, 439 72, 86, 121, 143 asilo convenciones y protocolos de las Naciones derecho de 157, 217 Unidas, véase entradas pertinentes sobre peticionarios de 238, 277, 326 esta cuestión 141 – XE asimilación (de minorías nacionales contra su Convenio Europeo para la Protección de los voluntad) 65 Derechos Humanos y de las Libertades asociación, libertad de 29, 59, 70, 337 Fundamentales en general 57 autodeterminación, derecho a 71 Sexto Protocolo 61 Convenios de Ginebra de 1949 121, 143, 442 C correspondencia, protección de 47, 95 Carta de las Naciones Unidas 3, 5, 7, 66, 71, corrupción 88, 92, 113, 134, 137, 155, 160, 165, 179, 186, en general 152, 153, 154, 158, 168, 195, 198, 189, 193, 200, 244, 256, 275, 289, 336, 350, 201, 202, 246, 273, 279, 305, 343, 344, 353, 381, 407, 408, 414 381, 394, 411, 438, 442
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Convención de las Naciones Unidas contra derecho a apelar 39 la Corrupción 202, 246, 301, 306, 383, derecho a conocer y ejercer sus derechos 5, 395, 396, 412, 440 28, 39, 59, 70 creación artística, libertad de 72, 75, 76, 98 derecho a la autodeterminación 71 creencia, libertad de – véase libertad de pen- derecho a la educación 84, 342, 365 samiento, conciencia, religión o creencia derecho a la información 58, 308, 394 – véase crimen organizado – véase delincuencia también libertad de expresión, información organizada y medios de comunicación libres culturas regionales – véase minorías nacio- derecho a la libre determinación 88 nales derecho a la nacionalidad 121, 157
D derecho a la participación efectiva en los asuntos públicos 66, 83, 361, 391 – véase datos, protección de 209, 315, 332, 366 también democracia Declaración Universal de Derechos derecho a la vida 179, 337 – véase también Humanos 29, 41, 48, 63, 93, 251, 298, 336, pena de muerte 342, 351, 373, 425 derecho a reparación 67, 442, 443, 445 Defensores del Pueblo 140, 268 derecho a una compensación 54, 95, 330, 340 delincuencia organizada en general 107, 146, 152, 154, 161, 164, 169, derecho a un juicio justo 54, 57, 70, 286, 343 173, 181, 195, 198, 201, 272, 276, 278, 298, derecho de asilo 157, 217 305, 343, 354, 368, 371, 386, 421, 437 Convención de las Naciones Unidas derecho de autor 48, 49 – véase también contra la Delincuencia Organizada propiedad intelectual Transnacional 161, 164, 168, 172, 181, derecho de comunicación – véase libertad de 207, 215, 253, 264, 279, 280, 287, 292, 293, expresión, información y medios de comu- 301, 306, 307, 314, 317, 328, 373, 418 nicación libres delitos de odio 86, 237, 245, 248, 250, 284, derecho de huelga 59 – véase también liber- 311, 313, 333, 335, 365 – véase también tad de asociación tolerancia y no discriminación derecho de reunión y de manifestación pací- democracia ficas 59 en general 64, 69, 71, 81, 88, 92, 104, 106, 121, 123, 132, 145, 146, 177, 189, 193, 236, derecho internacional 247, 256, 282, 289, 308, 333, 337, 343, obligaciones según 6, 37, 41, 44, 56, 63, 349, 350, 354, 365, 370, 371, 376, 438 66, 71, 82, 88, 95, 136, 143, 179, 193, 244, derecho a la participación efectiva en los 273, 337, 343, 402, 407, 408, 417, 441 asuntos pśblicos 266 principios y normas generalmente recono- derecho a la participación efectiva en los cidos de 413, 441 asuntos públicos 66, 83, 361, 391 derecho internacional humanitario instituciones democráticas 64, 71, 81, 104, en general 120, 123, 124, 136, 143, 152, 157, 106, 116, 145, 154, 268, 305, 354 179, 402, 407, 408, 441 pluralismo político 54, 55, 56, 70 Convenios de Ginebra de 1949 121, 143, deportación en masa 124 442
depuración étnica 145, 157 – véase también derechos civiles y políticos tolerancia y no discriminación en general 39, 135, 137
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Pacto Internacional de Derechos Civiles emergencia pśblica, estado de 116 y Políticos 39, 41, 48, 57, 61, 63, 93, 98, emergencia pública, estado de 63, 96 264, 286, 298, 342, 414, 425 empleo 31, 63, 70, 203, 212, 268, 292, 330, derechos culturales/patrimonio cultural 375, 378, 391, 432 – véase también derechos en general 39, 50, 63, 70, 72, 75, 84, 98, 144 económicos y sociales Pacto Internacional de Derechos Económicos, Sociales y Culturales 39 esclavitud 182, 206, 294, 337 vida intelectual y cultural 64 Estado de derecho 55, 56, 57, 66, 69, 71, 75, derechos del niño 60, 153, 157, 253 81, 88, 92, 104, 106, 123, 132, 137, 140, 152, 154, 157, 158, 167, 172, 174, 179, 193, 195, derechos económicos y sociales 202, 236, 247, 256, 282, 286, 300, 305, 308, en general 31, 39, 63, 70, 106, 225, 267, 277, 325, 333, 342, 345, 354, 357, 365, 371, 376, 292, 378, 432 405, 407, 411, 418, 437, 439 Pacto Internacional de Derechos Económicos, Sociales y Culturales 39, estado de emergencia pśblica 116 57, 264 estado de emergencia pública 63, 96 derogaciones 63, 96 expansionismo territorial 137 – véase tam- destierro arbitrario 41 bién tolerancia y no discriminación detención arbitraria 41, 70, 286, 426, 428 explotación laboral – véase trata de personas discapacidad, personas con 100, 432 explotación sexual – véase también trata de personas discriminación 39, 56, 67, 72, 85, 88, 98, 106, en general 161, 182, 206, 295 152, 153, 190, 195, 199, 220, 238, 315, 325, de las mujeres 100, 157 333, 334, 335, 341, 356, 360, 363, 365, 392, de los niños 254, 317, 331, 421, 434 404, 429 – véase también tolerancia y no discriminación expresión artística y cultural, libertad de – véase derechos culturales/patrimonio domicilio, protección de 95 cultural expresión, libertad de – véase libertad de E expresión, información y medios de comu- educación nicación libres en general 15, 21, 33, 51, 63, 67, 122, 144, expulsión arbitraria 426, 428 212, 247, 319, 375, 390, 402, 433, 440 acceso a 18, 21, 31, 51, 212, 217, 228, 292, expulsión en masa 145, 157, 354 – véase tam- 315, 341, 365, 379, 390, 431 bién tolerancia y no discriminación capacitación para electores 231, 390 extremismo violento derecho a 84, 342, 365 en general 154, 167, 172, 173, 189, 190, 201, en derechos humanos 100, 119, 199, 238, 236, 283, 311, 334, 356 285, 419, 431, 444 y la radicalización que conducen al terro- en la tolerancia y no discriminación 127, rismo 327, 347, 354, 401, 407, 409 172, 248, 249, 283, 312, 334, 367, 393, 405 educación religiosa – véase libertad de pensa- F miento, conciencia, religión o creencia familias elecciones 323, 371 protección de la vida familiar y privada 95 en general 54, 56, 57, 58, 69, 70, 73, 83, 92, reunificación de 10, 30, 44 128, 139, 152, 157, 192, 231, 238 capacitación para electores 231, 390 formación profesional 8, 12, 25, 43, 100, 212, 226, 433
448
G independencia de la judicatura 39, 57, 93, 159, 174, 287, 298, 343 género, cuestiones de género Convención sobre la eliminación de todas información las formas de discriminación contra la acceso a 64, 308, 384, 394 mujer 99, 264, 362 derecho a 58, 308, 394 – véase también equiparación de los géneros 296, 297 libertad de expresión, información igualdad de derechos/oportunidades de y medios de comunicación libres hombres y mujeres 29, 40, 99, 157, 173, protección de datos 209, 315, 332, 366 212, 259, 263, 265, 266, 267, 289, 292, tecnologías de la información y las comu- 361, 378, 382, 389 nicaciones (TIC) 413, 417, 422, 423, 431 perspectiva de género 256, 260, 262, 360, inocencia, presunción de – véase derecho 361, 404, 405, 420, 435, 442 a un juicio justo Plan de Acción de la OSCE para el fomento de la igualdad entre los géneros 255, instituciones democráticas 64, 71, 81, 104, 256, 289, 290, 291, 361, 378, 397, 400 106, 116, 145, 154, 268, 305, 354 Plan de Acción de la OSCE para la instituciones nacionales 64, 335, 444 equiparación de la mujer a la política nacional 236 integridad territorial 3, 66, 71, 88
genocidio internet – véase también tecnologías de la en general 283, 350 información y las comunicaciones (TIC) Convención de las Naciones Unidas para la delitos de odio por conducto de 335, 367 Prevención y la Sanción del Crimen de fomento de la tolerancia y la libertad de los Genocidio 244, 283, 337, 350 medios informativos en Internet 247, 250, 251 gitanos – véase romaníes y sinti lucha contra el empleo de internet al servi- cio del terrorismo 243, 245, 308, 354 H lucha contra la explotación sexual de los niños en Internet 331, 422 Holocausto 244, 248, 283, 311, 349, 350 intolerancia 156, 199, 311, 333, 334, 356, 360, huelga, derecho de 59 – véase también aso- 363, 365, 392, 401, 404 – véase también ciación, libertad de tolerancia y no discriminación Islamofobia – véase musulmanes, discrimina- I ción contra; tolerancia y no discriminación igualdad de derechos/oportunidades de hom- bres y mujeres J en general 29, 40, 99, 157, 212, 289, 292, 361, 378, 382, 389 jóvenes 12, 31, 43, 47, 60, 73, 86, 199, 238, Plan de Acción de la OSCE para el fomento 312, 333, 334, 388, 392, 393, 402, 406, 425, de la igualdad entre los géneros 255, 432, 440 256, 289, 290, 291, 361, 397, 400 judicatura, independencia de la 39, 57, 93, Plan de Acción de la OSCE para la 159, 174, 287, 298, 343 equiparación de la mujer a la política juicio justo, derecho a 54, 57, 70, 286, 343 nacional 236 justicia penal 57, 286, 298, 305, 315, 338, 344, imparcialidad de la judicatura 39, 57, 287, 374 298 justicia social 54, 63, 69, 70, 106, 146, 244, inaplicabilidad del principio de no interven- 256 – véase también derechos económicos ción 82, 88, 106, 134, 155, 336, 370, 371 y sociales
449
juventud – véase jóvenes lucha contra el terrorismo – véase terrorismo lucha contra la corrupción – véase corrupción L lucha contra la delincuencia organi- laboral 404 zada – véase delincuencia organizada
libertad de asociación 29, 59, 70 lucha contra la discriminación – véase tole- rancia y no discriminación libertad de circulación 70, 72 lucha contra la trata de personas – véase trata libertad de creación artística 72, 75, 76, 98 de personas libertad de expresión, información y medios lucha contra los delitos de odio – véase delitos de comunicación libres de odio en general 58, 69, 70, 75, 95, 97, 122, 129, 139, 143, 148, 152, 158, 172, 247, 283, 308, 313, 334, 335, 337, 364, 367, 371, 384, 394 M condiciones de trabajo de los periodis- manifestación pacíficas, derecho de 59 tas 14, 32, 48, 49, 97, 149, 425 fomento de la tolerancia y la libertad de los Mecanismo de Moscú 128, 138 medios informativos en Internet 247, Mecanismo de Viena 52, 61, 97, 116 250, 251 mecanismos de la dimensión humana libertad de los medios de comunicación – en general 72, 89, 116, 124 véase libertad de expresión, información Comité de la Dimensión Humana 320 y medios de comunicación libres; libertad mecanismo a prestar asistencia a los de prensa/medios de comunicación libres Estados participantes en la lucha contra libertad de movimiento 41, 59, 62, 143, 273, la trata de personas 204, 253, 288, 303 276 – véase también migración Mecanismo de Moscś 116, 128, 138 Mecanismo de Viena 52, 61, 97, 116 libertad de pensamiento, conciencia, religión mecanismos nacionales 99, 268, 330, 379, o creencia 435, 443, 444 en general 4, 29, 38, 40, 59, 70, 75, 142, 156, Red contra el Terrorismo (RCT) 198, 239, 172, 237, 247, 282, 334, 337, 371, 387 310 objeción de conciencia 62 medios de comunicación libres – véase liber- libertad de prensa/medios de comunicación tad de expresión, información y medios de libres comunicación libres; libertad de prensa/ en general 129, 139, 145, 148, 153, 313, 335, medios de comunicación libres 364, 371, 384 condiciones de trabajo de los periodis- migración tas 14, 32, 48, 49, 97, 149, 425 en general 128, 143, 145, 146, 195, 198, 201, Representante para la Libertad de los 247, 272, 276, 277, 279, 283, 284, 301, 329, Medios de Comunicación (RLMC) 148, 331, 354, 359, 371, 410 – véase también 153, 156, 168, 169, 172, 191, 196, 225, 238, asilo; personas desplazadas; refugiados 252, 267, 309, 314, 364, 371, 429 de trabajadores – véase trabajadores migrantes libertad de reunión y de asociación pacífi- cas 70, 337 minorías nacionales en general 20, 25, 41, 49, 50, 51, 65, 66, 67, libre determinación 5, 38, 88 71, 81, 98, 106, 118, 141, 146, 153, 156, limpieza étnica 124, 142, 244, 350 – véase 212, 237, 335 también tolerancia y no discriminación lucha contra el racismo – véase racismo
450
Alto Comisionado para las Minorías Naciones Unidas, cooperación con 38, 64, Nacionales (ACMN) 108, 116, 123–127, 67, 87, 101, 139, 142, 150, 162, 165, 168, 170, 130, 138, 141, 147, 151, 153, 156, 167, 168, 174, 184, 185, 200, 205, 238, 248, 250, 293, 172, 191, 196, 224, 225, 230, 232, 233, 301, 306, 357, 358, 377, 385, 386, 406, 407, 237, 267, 337, 364, 371 413 asimilación contra su voluntad 65 neonazismo 311, 334 movimiento, libertad de 41, 59, 62, 143, 273, niños 276 – véase también migración en general 388, 392 mujeres Convención sobre los Derechos del en general 173, 212, 267, 268, 289, 342, Niño 60, 153, 253, 418 362, 382, 388, 402, 405, 426, 428, 432, derechos del 60, 153, 157, 253, 422 433, 440, 442 educación de – véase educación Convención sobre la eliminación de todas explotación sexual de 254, 317, 331, 421, las formas de discriminación contra la 434 mujer 99, 264, 362 Protocolo de las Naciones Unidas para explotación sexual 157 prevenir, reprimir y sancionar la trata igualdad de derechos/oportunidades de de personas, especialmente mujeres hombres y mujeres 29, 99, 157, 173, 212, y niños 161, 253, 287, 317, 373, 418 263, 265, 266, 267, 292, 361, 378, 382, 389 Protocolo facultativo de la Convención mecanismos nacionales 99, 268 sobre los Derechos del Niño relativo a la Plan de Acción de la OSCE para el fomento venta de niños, la prostitución infantil de la igualdad entre los géneros 236,255, y la utilización de niños en la pornogra- 256, 289, 290, 291, 361, 378, 397, 400 fía 161, 218, 253, 288, 292, 317 Plan de Acción de la OSCE para la trata de 183, 217, 253, 303, 315, 317, 328, equiparación de la mujer a la política 338, 340, 374, 418, 421, 434 nacional 236 violencia contra 157, 161, 291, 318 Protocolo de las Naciones Unidas para no discriminación – véase tolerancia y no prevenir, reprimir y sancionar la trata discriminación de personas, especialmente mujeres y niños 161, 253, 287, 317, 373, 418 no intervención trata de mujeres y niños 183 en general 4 violencia contra 100, 157, 161, 173, 260, inaplicabilidad del principio de 82, 88, 266, 291, 397, 429, 442 106, 134, 155, 336, 370, 371 multiculturalismo 167, 195 – véase también tolerancia y no discriminación O musulmanes, discriminación contra 191, objeción de conciencia 62 – véase también 250, 283, 334, 388 – véase también toleran- libertad de pensamiento, conciencia, reli- cia y no discriminación gión o creencia obligación de aplicar N en general 6 derogaciones durante un estado de emer- nacionalidad 121, 157 – véase también perso- gencia pública 96 nas apátridas obligación del estado – véase obligación de nacionalismo agresivo 106, 119, 124, 127, 129, aplicar 135, 137, 142, 146, 156, 168, 172, 189, 190, 236, 311, 334, 356 – véase también toleran- obligaciones según derecho internacional cia y no discriminación en general 37, 41, 44, 56, 63, 66, 71, 82, 88, 95, 136, 143, 179, 193, 244, 273, 337, 343, 402, 407, 408, 417, 441
451
conflicto entre 6 patrioterismo 156, 168, 172, 189, 190, 236, 356 – véase también tolerancia y no discri- Oficina pro Elecciones Libres 74, 83, 97, minación 103 – véase también OIDDH, Oficina de Instituciones Democráticas y Derechos pena capital – véase pena de muerte Humanos pena de muerte OIDDH, Oficina de Instituciones en general 42, 61, 98, 121, 141, 442 Democráticas y Derechos Humanos Segundo Protocolo Facultativo del Pacto en general 103, 108, 112, 114, 115, 117, 124, Internacional de Derechos Civiles 126, 127, 130, 132, 133, 138, 139, 142, 144, y Políticos 98 145, 149, 152, 156, 157, 162, 166–169, 172, Sexto Protocolo del Convenio Europeo 173, 182, 191, 196, 199, 204, 209, 210, 214, para la Protección de los Derechos 215, 218, 219, 223, 225, 231, 233, 237, 238, Humanos y de las Libertades 248, 250, 251, 261, 265, 266, 268, 278, Fundamentales 61 283, 284, 286, 287, 304, 307, 309, 313, pensamiento, libertad de – véase libertad de 322, 327, 335, 337, 341, 343, 364, 367, 371, pensamiento, conciencia, religión o creen- 393, 398 cia Punto de Contacto para las cuestiones de romaníes y sinti 151, 153, 173, 182, 191, periodistas 214, 223, 225, 226, 227, 228, 231, 233, condiciones de trabajo 14, 32, 48, 49, 97, 234, 341, 374 149, 425 derecho de autor 49 ombudsmen 97 persecución 67, 72, 264 – véase también ONG, organizaciones no gubernamenta- tolerancia y no discriminación les 49, 65, 73, 77, 85, 101, 103, 104, 113, 116, 117, 127, 128, 138, 139, 140, 141, 149, 157, personas apátridas 335 – véase también 158, 162, 184, 209, 218, 219, 223, 228, 233, nacionalidad 238, 248, 250, 252, 292, 304, 315, 316, 319, personas desplazadas – véase también asilo; 329, 362 migración; refugiados en general 120, 124, 128, 139, 143, 145, 152, P 157, 168, 356 Principios Rectores de las Naciones Pacto Internacional de Derechos Civiles Unidas en materia de Desplazamientos y Políticos Internos 232, 238 en general 39, 41, 48, 57, 63, 93, 264, 286, 298, 342, 414 personas repatriadas 139, 143, 145 – véase Artículo 19 425 también migración Segundo Protocolo Facultativo 61, 98 pluralismo político 54, 55, 56, 70 – véase Pacto Internacional de Derechos Económicos, también democracia Sociales y Culturales 39, 57, 264 pluriculturalismo 190 – véase también tole- Pactos Internacionales de Derechos rancia y no discriminación Humanos 29 poblaciones indígenas 119 partidos políticos 58, 64, 65, 311 – véase práctica psiquiátrica y otras prácticas médi- también libertad de asociación cas, arbitrarias 42 – véase también tortura patrimonio cultural – véase derechos cultura- y otros tratos o penas crueles, inhumanas les/patrimonio cultural o degradantes
patrimonio, derechos humanos como 69 prácticas médicas, arbitrarias 42 – véase también tortura y otros tratos o penas crueles, inhumanas o degradantes
452
prensa, libertad de – véase libertad de prensa/ Convención sobre el Estatuto de los medios de comunicación libres Refugiados 120, 157, 170, 179, 232, 264 no debe ser reexpedido 217 presunción de inocencia – véase derecho a un juicio justo religión, libertad de – véase libertad de pen- samiento, conciencia, religión o creencia principio de no intervención en general 4 reparación, derecho a 67, 442, 443, 445 inaplicabilidad del 82, 88, 106, 134, 155, Representante Especial para la Lucha contra 336, 370, 371 la Trata de Personas 204, 205, 288, 295, prisión 304, 315, 338, 340, 356, 374, 421, 424, Código de conducta de las Naciones 436 – véase también trata de personas Unidas para funcionarios encargados de Representante para la Libertad de los Medios hacer cumplir la ley 42 de Comunicación (RLMC) 148, 153, 156, reforma del sistema penitenciario 159, 174 168, 169, 172, 191, 196, 225, 238, 252, 267, Reglas mínimas de las Naciones Unidas 309, 314, 364, 371, 429 para el Tratamiento de los Reclusos 42 tratamiento de reclusos, derechos de residencia, libertad de – véase movimiento, los reclusos 41, 94, 299, 300, 344, libertad de 442 – véase también tortura y otros restricciones legítimas de los derechos huma- tratos o penas crueles, inhumanas nos – véase derogaciones o degradantes reuniones familiares 10, 30, 44 prisión arbitraria 70 reunión pacíficas, libertad de 59, 70, 337 procedimiento penal – véase justicia penal romaníes y sinti profesión jurídica, independencia de 93 en general 67, 85, 100, 119, 141, 151, 153, propiedad intelectual 48, 54, 76 157, 173, 221, 232, 291, 363 Plan de Acción para Mejorar la Situación propiedad privada 54, 59, 70, 95 de la Población Romaní y Sinti en el prostitución 100, 206, 317, 318 – véase tam- Área de la OSCE 220, 221, 236, 335, 340, bién género, cuestiones de género 363, 364, 388 Punto de Contacto para las cuestiones de Punto de Contacto para las cuestiones de romaníes y sinti 151, 153, 173, 182, 191, romaníes y sinti 151, 153, 173, 182, 191, 214, 223, 225, 226, 227, 228, 231, 233, 214, 223, 225, 226, 227, 228, 231, 233, 234, 234, 341, 374 341, 374 – véase también romaníes y sinti
S R salud 63, 195, 203, 227, 342, 390 – véase tam- racismo 119, 123, 124, 127, 129, 135, 137, bién derechos económicos y sociales 142, 153, 156, 168, 172, 189, 190, 222, 236, 247, 249, 282, 311, 334, 335, 341, 356, 363, Segundo Protocolo Facultativo del Pacto 388 – véase también tolerancia y no discri- Internacional de Derechos Civiles minación y Políticos 61, 98 radicalización – véase terrorismo seguridad social 63, 212 – véase también derechos económicos y sociales refugiados – véase también migración en general 41, 107, 120, 124, 126, 128, 139, separación de poderes – véase democracia 143, 145, 152, 157, 217, 232, 238, 335, 356, servicio alternativo 62, 136 402, 407, 408, 410 servicio militar obligatorio 62, 157
453
servicio nacional de consulta (NRM) 215, tolerancia y no discriminación 218 en general 40, 63, 67, 69, 75, 83, 86, 99, 106, 119, 124, 142, 153, 156, 167, 189, 222, 236, Sexto Protocolo del Convenio Europeo para 247, 249, 265, 282, 291, 294, 310, 327, 333, la Protección de los Derechos Humanos 364, 365, 379, 383, 389, 407, 420, 435 y de las Libertades Fundamentales 61 Convención Internacional sobre la sindicatos 29, 59, 64, 65, 433 – véase también Eliminación de todas las Formas de libertad de asociación Discriminación Racial 119, 221 Convención sobre la eliminación de todas sinti – véase romaníes y sinti las formas de discriminación contra la sociedad civil 238, 251, 311, 313, 330, 335, mujer 99, 264, 362 337, 360, 367, 371, 374, 375, 376, 381, 384, educación en 172, 248, 249, 283, 312, 334, 390, 395, 402, 405, 407, 411, 412, 419, 422, 367, 393, 405 431, 433, 435, 443 fomento de la tolerancia y la libertad de los medios informativos en Internet 247, 250, 251 T tortura y otros tratos o penas crueles, inhu- tecnologías de la información y las comu- manas o degradantes nicaciones (TIC) 180, 413, 417, 422, 423, en general 60, 70, 94, 141, 157, 287, 299, 431 – véase también internet 337, 344, 351, 426, 428, 441 terrorismo Comité de las Naciones Unidas contra la en general 28, 38, 72, 107, 134, 146, 154, Tortura 61 164, 168, 173, 174, 184, 191, 194, 195, 197, Convención de las Naciones Unidas 201, 242, 244, 272, 276, 279, 280, 283, contra la Tortura y Otros Tratos o Penas 300, 305, 306, 308, 325, 344, 345, 354, Crueles, Inhumanos o Degradantes 42, 357, 365, 368, 371, 381, 386, 394, 405, 60, 141, 286, 287, 298, 351 406, 408, 411, 413, 415 Convención Europea para la Prevención Carta para la Prevención y Lucha contra el de la Tortura y el Trato o los Castigos Terrorismo 177, 178, 187, 243, 245 Inhumanos o Degradantes 141 Convención de las Naciones Unidas para Relator Especial sobre la Tortura y otros la supresión de la financiación del terro- Tratos y Castigos Crueles, Inhumanos rismo 170 y Degradante 141 Convenio Internacional para la represión trabajadores, derechos de 29, 54, 59, 329, 375 de la financiación del terrorismo 180 Convenio Internacional para la represión trabajadores migrantes 7, 30, 43, 62, 73, 98, de los actos de terrorismo nuclear 270, 119, 142, 238, 250, 316 301 trabajo, condiciones de lucha contra el empleo de internet al servi- en general 329 cio del 243, 245, 308, 354 de los periodistas 14, 32, 48, 49, 97, 149, 425 lucha contra el extremismo violento y la radicalización que conducen al 327, 347, trabajo forzoso 54, 182, 206, 316, 420, 434 354, 401, 407, 409 tráfico de seres humanos – véase trata de Plan de Acción de Bucarest para la Lucha personas contra el Terrorismo 164, 165, 177, 179, 184, 187, 206, 243, 245, 278 trata de personas Red contra el Terrorismo (RCT) 198, 239, en general 157, 161, 164, 172, 174, 181, 203, 310 260, 264, 272, 276, 279, 287, 291, 293, Unidad de Acción contra el Terrorismo 302, 314, 328, 338, 343, 354, 356, 371, (UAT) 197, 210, 240, 243, 266, 326 373, 386, 391, 412, 418
454
mecanismo a prestar asistencia a los U Estados participantes en la lucha contra la trata de personas 204, 253, 288, 303 Unión Europea, cooperación con 162, 168, mecanismos nacionales 330, 435 170, 184, 200, 205, 238, 293, 342 Plan de Acción contra la Trata de Personas 178, 184, 198, 203, 204, 205, V 253, 254, 259, 288, 293, 303, 315, 316, 328, 329, 338, 339, 373, 375, 391, 418, 420, valor universal de los derechos humanos 4, 421 35, 38 Protocolo contra el tráfico ilícito de vida, derecho a la 179, 337 – véase también migrantes por tierra, mar y aire 182 pena de muerte Protocolo de las Naciones Unidas para prevenir, reprimir y sancionar la trata vida intelectual y cultural 64 de personas, especialmente mujeres vida privada y familiar, protección de 64, 95 y niños 161, 172, 253, 264, 287, 293, 315, 317, 328, 373, 418 vida pública y política, derecho a la partici- Protocolo facultativo de la Convención pación efectiva en 66, 83, 230, 266, 342, sobre los Derechos del Niño relativo a la 361, 391 venta de niños, la prostitución infantil violencia – véase también terrorismo y la utilización de niños en la pornogra- contra minorías – véase tolerancia y no fía 161, 218, 253, 288, 292, 317 discriminación Representante Especial para la Lucha con- contra la mujer 100, 157, 161, 173, 260, 266, tra la Trata de Personas 204, 205, 288, 291, 397, 429, 442 295, 304, 315, 338, 340, 356, 374, 421, contra los niños 157, 161, 291, 318 424, 436 contra musulmanes 191, 250 servicio nacional de consulta (NRM) 215, contra los periodistas – véase periodistas, 218 condiciones de trabajo trata de mujeres 100, 183 extremismo violento 154, 167, 172, 173, trata de niños 183, 217, 253, 303, 315, 317, 189, 190, 201, 236, 283, 311, 334, 356 328, 338, 340, 374, 418, 421, 434 extremismo violento y la radicalización que trata de seres humanos – véase trata de conducen al terrorismo 327, 347, 354, personas 401, 407, 409 protección contra todas las formas de 119 tratamiento de reclusos, derechos de los reclusos vivienda y condiciones de vida 31, 63, 225, en general 94, 299, 300, 344, 442 342 – véase también derechos económicos Reglas mínimas de las Naciones Unidas y sociales para el Tratamiento de los Reclusos 42 trato degradante – véase tortura y otros tratos X o penas crueles, inhumanas o degradantes xenofobia 67, 72, 85, 98, 100, 106, 119, 124, 127, 129, 135, 137, 142, 156, 168, 172, 189, 190, 236, 247, 249, 282, 311, 334, 335, 356, 360, 404 – véase también tolerancia y no discriminación
455